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PZ - Staff Report 10-15 Page 1 HEARING DATE: October 15, 2020 TO: Planning & Zoning Commission FROM: Sonya Allen, Associate Planner 208-884-5533 SUBJECT: H-2020-0087 Spurwing Sewer Easement – AZ LOCATION: North of W. Chinden Blvd./SH 20-26, northeast of N. Ten Mile Rd., in the SW ¼ of Section 23, Township 4N., Range 1W. (portion of Lot 2, Block 1, Spurwing Subdivision) I. PROJECT DESCRIPTION The Applicant requests annexation of 0.60 of an acre of land with an R-4 zoning district. II. SUMMARY OF REPORT A. Project Summary STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Description Details Page Acreage 0.60 of an acre Future Land Use Designation Low Density Residential (LDR) Existing Land Use Sewer easement/golf course Proposed Land Use(s) Emergency vehicle access for Fire Dept. and Public Work's access to sewer easement Current Zoning RUT in Ada County Proposed Zoning R-4 (Medium Low-Density Residential) Neighborhood meeting date; # of attendees: July 22, 2020; 8 attendees History (previous approvals) This property is a portion of Lot 2, Block 1, Spurwing Subdivision (Bk. 113, pg. 16653). A lot line adjustment was approved by Ada County in 2007 (ROS #7826). Ada County denied a CUP modification permit to build an emergency access road. See Applicant’s narrative for more information: narrative Page 2 B. Community Metrics Access (Arterial/Collectors/State Hwy/Local)(Existing and Proposed) One (1) emergency access is proposed from the west via N. Sunset Maple Way in Spurwing Greens Subdivision Fire Service See comments in Section IX.C. Police Service No comments were submitted. Wastewater Distance to Sewer Services Existing through parcel Sewer Shed North Black Cat trunkshed Estimated Project Sewer ERU’s See application WRRF Declining Balance 13.97 Project Consistent with WW Master Plan/Facility Plan Yes Impacts/Concerns Sewer mainline is existing through the subject parcel. Water Distance to Water Services This parcel is within Suez Water’s service area. Pressure Zone Estimated Project Water ERU’s Water Quality Project Consistent with Water Master Plan Impacts/Concerns Description Details Page Ada County Highway District  Staff report (yes/no) No  Requires ACHD Commission Action (yes/no) No Page 3 C. Project Maps III. APPLICANT INFORMATION A. Applicant: Shari Stiles, Engineering Solutions, LLP – 1029 N. Rosario St., Ste. 100, Meridian, ID 83642 Future Land Use Map Aerial Map Zoning Map Planned Development Map Page 4 B. Owner: Spurwing, LP – 1406 N. Main St., Meridian, ID 83642 Pacific Links, Limited Company – 200 N. 4th Street, Ste. 205, Boise, ID 83702 C. Representative: Same as Applicant IV. NOTICING V. COMPREHENSIVE PLAN ANALYSIS LAND USE: This property is designated Low Density Residential (LDR) on the Future Land Use Map (FLUM) in the Comprehensive Plan. The LDR designation allows for the development of single-family homes on large and estate lots at gross densities of three (3) dwelling units or less per acre. There is an existing City of Meridian sewer easement within the subject annexation area; the Applicant proposes is not proposing any new development within this area. Goals, Objectives, & Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics):  “Preserve existing public rights-of-way and other easements for future pathways and accessways, particularly along powerline and utility corridors, railway corridors, and waterway or irrigation corridors.” (4.04.02B) Annexation of the land where an existing City of Meridian sewer easement is located and requirement of a Development Agreement with a provision that restricts uses other than that of the sewer easement and emergency access easement will ensure preservation of this easement and access.  “Annex lands into the corporate boundaries of the City only when the annexation proposal conforms to the City's vision and the necessary extension of public services and infrastructure is provided.” (3.03.03) The proposed annexation area incorporates an existing City of Meridian sewer easement. VI. STAFF ANALYSIS A. ANNEXATION & ZONING The Applicant proposes to annex 0.60 of an acre of land into the City with an R-4 (Medium Low- Density Residential) zoning district consistent with the FLUM designation of LDR. The annexation area is a portion of Lot 2, Block 1, Spurwing Subdivision, which was developed in Ada County. Typically, the City does not annex a portion of a parcel or lot; however, the City Attorney and the Planning Planning & Zoning Posting Date City Council Posting Date Newspaper notification published in newspaper 9/25/2020 Radius notification mailed to property owners within 300 feet 9/23/2020 Public hearing notice sign posted on site 10/1/2020 Nextdoor posting 9/23/2020 Page 5 Manager has deemed it appropriate in this case due to the County’s denial of the site modification and the City’s requirement for an access to maintain the public utility; therefore, Staff is in support of the request. The property proposed to be annexed is developed as part of the Spurwing golf course and contains a 20- foot wide Meridian sanitary sewer easement (Inst. #112130813) with a 12-inch sewer main line and an 8-inch Suez water main line. An emergency vehicle access easement is proposed in this area to satisfy the Fire Department’s requirement for secondary emergency vehicle access to Olivetree at Spurwing Subdivision. Emergency vehicle access for this subdivision was previously planned via W. Chinden Blvd. at the Chinden/Ten Mile Rd. intersection; however, since the time the preliminary plat was approved, improvements have been made to the intersection which necessite an alternate location for emergency access. For this reason, emergency access is proposed where the sewer easement lies. Public access will be restricted through the use of gates at each entrance with a knox box as required by the Fire Department in Section X.C. This road will also provide access to any manholes within the sewer easement area in accord with City requirements and access to the Suez water lines as desired. The subject property is non-buildable as it isn’t a legal parcel/lot eligible for a building permit and doesn’t meet the minimum dimensional standards of the R-4 district. A more detailed decription of the history of this request is included in the Applicant’s narrative letter submitted with this application: https://weblink.meridiancity.org/WebLink/DocView.aspx?id=193513&dbid=0&repo=MeridianCity The proposed annexation area is contiguous to City annexed property and is within the Area of City Impact Boundary. A legal description and exhibit map for the annexation area is included in Section VIII.A. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. To ensure the site develops as proposed with this application, Staff recommends a DA is required that limits development to that proposed with this application (see provision in Section IX.A). The Olivetree at Spurwing subdivision cannot develop without an approved secondary emergency access which the Applicant’s proposal provides. If Council denies the Applicant’s request, an alternate emergency vehicle access will be required for any development over 30 building lots in Olivetree at Spurwing Subdivision; or, the applicant has the option to fire sprinkler additional homes beyond the 30. NOTE: The City is currently monitoring the number of homes for this development and the number of building permits issued is approaching the maximum of 30 until the emergency access is approved and constructed per the City’s requirments. VII. DECISION A. Staff: Staff recommends approval of the proposed Annexation & Zoning with the requirement of a Development Agreement per the provisions in Section IX in accord with the Findings in Section X. Page 6 VIII. EXHIBITS A. Annexation & Zoning Legal Description and Exhibit Map Page 7 Page 8 IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement (DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. The annexation area is non-buildable and shall only be used as a City of Meridian sewer line easement, Suez water line easement, emergency vehicle access road and access road for the City of Meridian and Suez Idaho Operations for maintenance of their facilities within their easements. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 Sanitary sewer mainlines currently traverse through the subject parcel. 14-foot wide compacted gravel access roadways shall be required above those mainlines per Meridian City Standards. C. FIRE DEPARTMENT Access: This project will be required to provide a 20’ wide swing or rolling emergency access gate as set forth in International Fire Code Sections 503.5 and 503.6. The gate shall be equipped with a Knoxbox padlock which has to be ordered via the website www.knoxbox.com. All gates at the entrance to fire lanes shall be located a minimum of 30 feet from the roadway and shall open away from the roadway, unless other provisions are made for safe personnel operations as set forth in National Fire Protection Associat ion 1141, Section 5.3.16 - 2017 edition. D. POLICE DEPARTMENT No comments were received. E. PARK’S DEPARTMENT No comments were received. F. NAMPA & MERIDIAN IRRIGATION DISTRICT (NMID) https://weblink.meridiancity.org/WebLink/DocView.aspx?id=213875&dbid=0&repo=MeridianCity G. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ) https://weblink.meridiancity.org/WebLink/DocView.aspx?id=193806&dbid=0&repo=MeridianCity X. FINDINGS A. Annexation and/or Rezone (UDC 11-5B-3E) Required Findings: Upon recommendation from the commission, the council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the council shall make the following findings: Page 9 1. The map amendment complies with the applicable provisions of the comprehensive plan; The Applicant is proposing to annex the subject 0.60 acre property with R-4 zoning consistent with the proposed LDR FLUM designation for this property. (See section V above for more information.) 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Staff finds the proposed map amendment to R-4 for the existing sewer easement and proposed emergency access road generally complies with the regulations outlines for the R-4 district and purpose statement of the residential districts. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Staff finds the proposed map amendment will not be detrimental to the public health, safety and welfare and the emergency access road will enhance public safety in this area.. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including, but not limited to, school districts; and Staff finds the proposed map amendment will not result in an adverse impact upon the delivery of services by any political subdivision providing public services and will actually enhance emergency access in this area. 5. The annexation (as applicable) is in the best interest of city. Staff finds the proposed annexation is in the best interest of the City.