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CC - Commission Recommendation to Council 12-15 STAFF REPORT E COMMUNITY DEVELOPMENT DEPARTMENT HEARING December 15, 2020 Legend-� DATE: ��Prolect Lflcfl�ian TO: Mayor&City Council FROM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: H-2020-0087 Spurwing Sewer Easement—AZ LOCATION: North of W. Chinden Blvd./SH 2O-26, northeast of N. Ten Mile Rd.,in the SW %4 of Section 23,Township 4N.,Range 1 W. (portion of Lot 2,Block 1, Spurwing 100, 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 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 July 22,2020; 8 attendees 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 1 B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) No • Requires ACHD Commission No Action(yes/no) Access(Arterial/Collectors/State One(1)emergency access is proposed from the west via N. Hwy/Local)(Existing and Proposed) 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 Yes Master Plan/Facility Plan 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 Page 2 1 1 1 ' � � �ii � ��=`F�.•*'k. xtl f ram'. -CF uumn.ia� �1 imp .#k� 61,:.•ullu_tir::,1' Ji■ 11. 111 11 �2 II 11I11Y11N11TN J -_. ' T. _ N N II IIIIIN loll •_ INIIII ' } um ■2_ F+'1 uxllNllull Illlpp ,.'-- - Ff"'�--. _ ..t I ' ' II-2 - ■ IIII NI 2~ 4i'^ -' :�+�r„f .- ... :I•' 1 NI � �� I• 1 NI � �� 111MO 111 IF. = ~ I I 1 x = 111 � - I � � = 111 y� I s MlCHIN uuiorauu� -I I�� quli um2,�„ uiuuraw 45 —I II �■ 11. `�2 IIIINIIYIINII N - — jl. 111 11 `�2 IIIINIIYIINII N : 11 loll'. _ NII IIIII 111 = III �_ - NIIIIIII 111 2� _ —_ ■Ill 111 11 lip _ i _ -_ ■Ill 111 11 —•Z�� IINNNI IIIIII � ■�?■i�� IINNNI p � I uulla�• ■uulll � �•!u uuIIu1C 12 ■uuw •In III 11 III 1 IIIII I Z n1111I 11 III III�I =_ 1 INIII lIN IINIIIII■ - IIIIIIII -Z_ F+'!!IN IINIIIIII - mom - IIIIIIII I 1 1 22 ■ IIIINI I 1 1 II�2 _ ■ IIII no ♦ ♦ I I , I- B. Owner: Spurwing,LP— 1406 N. Main St.,Meridian,ID 83642 Pacific Links, Limited Company—200 N. 4t'Street, Ste. 205,Boise,ID 83702 C. Representative: Same as Applicant IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper notification published in newspaper 9/25/2020 11/27/2020 Radius notification mailed to property owners within 300 feet 9/23/2020 11/23/2020 Public hearing notice sign posted 10/1/2020 11/30/2020 on site Nextdoor posting 9/23/2020 11/23/2020 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 Page 4 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:llweblink.meridianciN.orglWebLinkIDocView.aspx?id=193513&dbid=0&repo=MeridianCioX 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. B. The Meridian Planning&Zoning Commission heard these items on October 15,2020. At the public hearing,the Commission moved to recommend approval of the subject AZ request. 1. Summary of Commission public hearing: a. In favor: Becky McKay, Engineering Solutions(Applicant's Representative);Mark Freeman, Foley&Freeman Attorneys (Representingthe he Applicant) b. In opposition: Greg Stock, GretchenTseng,Rick Mauritzson, Tom Nist, Tony Tseng C. Commenting: Rod Wa nel Page 5 d. Written testimony: Robert Trerise, Gretchen Tseng, Carrie Franklin,Eric&Mary Kay Klein,Qing-Min&Erin Chen,Tom&Andrea Nist, Greg Stock, Steven Leavitt&Rick Mauritzson. e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s) testimony a. Concern pertaining to construction of a road&public access between Balata Ct. in Spurwing Subdivision&N. Crantini Way in Olivetree at Spurwing Subdivision; b. Preference for an emergency access for the Fire Dept. to be provided from Chinden Blvd. at the Ten Mile Rd. intersection rather than in the location proposed; c. Negative impact on adjacent properties where access road is proposed due to public use. 3. Ke, ids)of discussion by Commission: a. Necessity for a road for access to sewer manholes/maintenance of City infrastructure; b. Possibility of the Applicant providing landscaping adjacent to the abutting residential properties to screen the access road and properties from users of the access road; c. Possibility of installing signage at the gates prohibiting public access; d. Question as to whether or not an emergency access is still feasible in the location originally approved at the intersection of Chinden Blvd./Ten Mile Rd. 4. Commission change(s)to Staff recommendation: a. Public Works' provides description of what recommendations they have for surface treatement of the access road between the two manholes; b. Work with adjacent homeowners to see what mitigation could be provided to lessen impacts on homeowners; c. Add requirement for signa eg to be provided prohibiting public access to the gated area. 5. Outstandingissue(s)ssue(s) for City Council: a. None Page 6 VIII. EXHIBITS A. Annexation&Zoning Legal Description and Exhibit Map TEALEWS LAND 125M YJ. Ex&rnr Drive, $rile 150 • Boise. Idaho 83713 SURVEYING ( }3es-083a a] - Fax(704)W&M6 Project No.:4667 EXHI BIT "'A" Dale,July$,2020 DESCRIPTION FOR JOCK HEWITT ANNEXATION PARCEL A parcel of land being a portion 0 Lot 2 of Block 1 of Spurwing Subdivision as on file in Boob 6;0 of Plats at Pages 7104 through 7108 in the Office of the Rewarder for A-la County, Idaho, said parceil being situated in the SW 114 of Section 23, T.4K, R.1W„ B.M , Ada Cowigty, fdahaand more particularly described as follows: COMMENCING at the Southwest corner of sand Section 23, marked by a brass cap;thence aiang the Nest Jine of said Section 23 North 00020'40" East 1170.64 feet to a point; thence leaving said West line at right angles South 89'3920"East 331.81 feet to the Southwesl corner of Lot 14, Echo* 1 of said Spurwing Subdivision which point Is also the Nprttwest comer of Olivetree at Spunving Subdivison as on file A Book 113 of Plats at Pages 16653 through 16656 in said Office of the RerorderforAda County.which point is the POINT OF BEGINNING, marked by an iron{yin. thence along 14 West line of said Olmetree at Spurwing Su bd ivision South West 211.00 feet to a point;thence leaving said VW81 lift at right angles NorO 79"01"12"West 42 12 filet to a point; lttence a3Dnq a line parallel with Bald West line of CHivetme at Spurwing Subdivision North 10"58AW East 213.58 feet to a point on aline that is pars ltel with and 41.00 feet West of the West hrte of said Lol 14, Block 1 of Spurwing Subdivision, thence along said parallel line North OOr 46'28"East 370.1{)feet to a point;thence North 47'26'QO" Past 5167 feet to a point; thence South 11'OT25"East 25.82 feet to a point-Df curvature; Iherhue along the arc of a curve to the left whos4D radius t9 110.00 fett. whose central angle Is 30"58'41", whose length is 59.47 feet and whose long chard bears South 25°36'45'Easl 5a.75 feel to a Rolla:thence South 42644'50"LVbsl 43.32 feet to the Northwest corner of said Lot 14,marked by an iron pin, thence along the West line of said Lot 14 South 0084V28"We!0 305,94 feet to the OF BEGINNING Said Parcel Contains 0.$02 Acre,more or less, rt d667-A,rmmawn-Desc-Ooew 4nrti Page Y pt] Page 7 EXHIBIT "B" CPI'Y OF VERTWAN ANNEXATION PON 01.11 EE UTIMUES PARCEL Va CORNO k LOT 2,OLWK I.SPURW&C.ILIMVI90N 2MA IN THE SW Ili Ci SECTION U.T.6N.R.IW..DA.. AN CPWTY,K3" CLRff TABLE � `CURVE I RAPM I KW UrIGTN AARiG CHM I i5 f r. 1001 59AP 19 S II"J7'2S' E 5P�R�+Ik^� SUB 25-82, Ar r' '- ; 'kI E}p5T 6E�k EASE. M¢I ��- --- - ----------- I p I I "I I I x 74 b 150 lop 20 Ell — y SCALE IN FEET o 1� 1' = I Q1f Ex1sT oPl[gIDIiH ' �" BLOCK 1 �4 SEWER EArF WET F. I I en f PARCEL A I E7 r 7 UWI 13 x Z6,204 S,f. p PATER EASE 9.60 AL. i ;ii1.M-L-- F $IFG)AWFNG 5r CQR+.ER for 14 ' f L 12 t� I] IAAb 39 v 34 4 44 BLOC + TEALEY'S LAND SURVEYLNG � * F 169mi k EXPLORER MvC, SWE 15o, BWE, a 93713 /Jr� 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/Doc View.asp x?id=2138 75&dbid=0&repo=MeridianCity G. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridiancioy.org/WebLink/Doc View.aspx?id=193806&dbid=0&r0o=MeridianCitX 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 Commission finds 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; The Commission 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; The Commission 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 The Commission 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. The Commission finds the proposed annexation is in the best interest of the City. Page 10