CC - Commission Recommendation to Council REVISED 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
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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. Key issue(s)of discussion by Commission:
a. Necessity for a road for access to sewer manholes/maintenance of City infrastructure;
b. Possibility of the Applicant providing landscapingdjacent 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
originallypproved at the intersection of Chinden Blvd./Ten Mile Rd.
4. Commission change(s)to Staff recommendation:
a. Public Works' should provide a description of what preference they have for surface
treatment of the access road between the two manholes(see Section VIII.C);
b. The Applicant should work with adjacent homeowners to see what mitigation could be
provided to lessen impacts from the road(see landscape plan in Section VIII.B);
c. The Applicant should try to get a letter from ITD stating they won't allow access as
originallypproved via Chinden Blvd. without an easement from the Wagner's[a letter
has been submitted from ITD (see link in Section IX.H)—ITD will only allow a single-
approach for saffeV reasons and is not opposed to an approach that serves both the
Wagner farm parcel and the emergency access with the conditions noted in the letter.
However,Mr. Wagner stated at the last hearing that he's not interested in granting an
easement for a shared driveway at this time
d. Add requirement for signs eg t�provided prohibiting public access to the gated area
(see provision#A.lb in Section IX).
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
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Page 8
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77 Page 10
C. Public Works' 2019 Design Standards for Access Roads
2-16 ACCESS ROADS:
A. Access to sewer,water and recycled water mains not located within public rights-of-way shall be provided by
an all-weather gravel access road constructed of 3/4"minus road mix gravel. See the Supplemental Specifications.
B. The maximum access road grade shall not exceed 10%and shall be shown in the profile view. The access
road shall not block natural or artificial drainage and shall conform to the requirements of the governing
agencies.
C.Access roads for sewer manholes shall have curves designed for turning radii of 28 feet inside radius and 48
feet outside radius and a vertical clearance of 14 feet.
D. Rim elevations of manholes located within access roads shall be equal to the elevation of the surface of the
access road.
E. Hammerhead or intermediate turn-around spaces shall be constructed at the end of all access roads exceeding
150 feet in length and at intermediate locations as determined by Development Services.
F. Easements will be required for all maintenance roads and turn-around spaces.
Page 11
q
14'(MINIMUMS
10'MINIMUM
CRUBHEID eld' 0
ROADEASE WATER
fs MAIN
SANITARY COMPACTED
SEWER SJBCRADE
MAIN
NOTE
ALL GRAVELED ROADWkvS SHA_L
BE CENTERED OVER—HE UTILITI=S.
'tVI5�Q 2013
CSTYPIpLEM NTAL RAVEL ROAD MERIDIAN STANDARD DRAWING NO.
St)SPECIFICATIONS
roTHE 17.+AHO wOSrua,,hnsRnF1 STANDARD DETAIL
PUN-r-YYUMS CQr4rTRUCT1CH
Note: These would be the minimum Design Standards,but an applicant can pave the roadway if they want.
Page 12
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. Signage shall be provided stating that public access is prohibited beyond the gated area.
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:llweblink.meridiancity.orglWebLinkIDocView.aspx?id=213875&dbid=0&repo=MeridianCit y
G. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ)
https:llweblink.meridianciU.ory WWebLinkIDocView.aspx?id=193806&dbid=0&repo=MeridianCitE
H. IDAHO TRANSPORTATION DEPARTMENT(ITD)
https://weblink.m eridia n c i ty.org/WeUink/Doc View.aspx?id=214594&dbid=0&repo=Meridian City
Page 13
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:
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 14