Staff ReportSTAFF REPORT
HEARING DATE: Apri127, 2010
TO: Mayor and City Council E IDIAN~--
FROM: Bill Parsons, Associate City Planner I D A H O
(208)884-5533
SUBJECT: MDA-10-004 -Tree Farm (Jayker Subdivision)
I. SUMMARY DESCRIPTION OF REQUEST
The Applicant, Spurwing Greens, LLP, is requesting to modify the recorded development agreement
(DA) in effect for the Jayker Subdivision. If approved, the modification would tie elevations to the
plat and allow the applicant to move forward with constructing a tennis facility and a shared access
drive on unplatted property. The addition of the tennis facility will be included as common open
space with a future subdivision phase. The proposed drive would cormect a future Phase in the Jayker
Subdivision with a cul-de-sac (W. Balata Court) located in the Spurwing Subdivision to the east and
provide connectivity between both properties (see Section VIII for more information). The approved
preliminary plat depicts a micro path lot and two buildable lots in the area where the proposed tennis
facility will be located. A new concept plan has been submitted that depicts the proposed changes.
A portion of the tennis facility will encroach on property located in the Spurwing Subdivision located
in unincorporated Ada County. Ada County Development Services has administratively approved the
improvements located in the Spurwing Subdivision.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the changes to the development agreement as detailed in Section VIII
of the staff report.
III. PROPOSED MOTION
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Number MDA-
10-004, as presented in Staff Report for the hearing date of April 27, 2010, with the following
changes: (insert any changes here). I further move to direct Legal Department Staff to prepare a
Development Agreement for this site that reflects the changes noted in Section VIII.
Denial
After considering all Staff, Applicant, and public testimony, I move to deny File Number MDA-10-
004, as presented during the hearing on April 27, 2010. (You should state why you are denying the
request.)
Continuance
I move to continue File Number MDA-10-004 to the hearing date of (insert continued hearing date
here) for the following reason(s): (you should state specific reason(s) for continuance)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The subject property is located on the north side of Chinden Boulevard; west of the Spurwing
Subdivision in the southeast % of Section 22, Township 4 North, Range 1 West.
B. Owner:
Spurwing Limited Partnership and Pacific Links Company
Tree Farm MDA Page 1
7212 N. Spurwing Way
Meridian, ID 83646
C. Applicant:
Spurwing Greens, LLP
3405 E. Overland Road, Suite 150
Meridian, ID 83646
D. Representative:
Cornel Larson, Larson Architects
210 Murray Street
Boise, ID 83714
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is a request for a development agreement modification. Per Meridian City
Code, a public hearing is required before the City Council on this matter.
B. Newspaper notifications published on: Apri15, and 19, 2010
C. Radius notices mailed to properties within 300 feet on: Apri12, 2010
D. Applicant posted notice on site by: April 13, 2010
VI. LAND USE
A. Existing Land Use(s): The subject area proposed for modification is vacant platted and unplatted
residential land.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Open Space (Golf Course), zoned RUT in Ada County
2. East: Single Family Residences in Spurwing Subdivision, zoned RUT in Ada County
3. South: Vacant land and Single Family Residences in Westwing Estates Subdivision, zoned
R-2 and RUT in Ada County
4. West: Vacant land, zoned R-2
C. History of Previous Actions:
• In 2006, the subject property was annexed as the Tree Farm (AZ-06-004 and AZ-06-050) and
was granted approval with an R-2, R-8, R-15, C-N and C-C zoning district. A Development
Agreement (DA) (#106151218) was required with annexation of the property.
Several addendums to the DA have also been recorded (#107025555 and #107141993). The
first addendum modified the original DA to include the addition of a 4.64 acre outparcel. The
second addendum followed shortly and approved a new mobile office and temporary septic
system. Because the first addendum was still in process, the requirements for the mobile
office were recorded with the first addendum (#107025555).
• In 2007, a third addendum to the DA was approved and recorded (#107141993) that realigned
the zoning district boundaries consistent with the approved preliminary plat.
• The Jayker Subdivision preliminary plat (PP-06-058) was approved by Council on March 13,
2007. The preliminary plat consists of 277 residential lots, 1 commercial lot and 27 common
lots on 142.97 acres.
Tree Farm MDA Page 2
• The City Council approved the final plat (FP-07-026) for the first phase on October 26, 2007.
Phase 1 platted with 140 residential lots and 21 common lots on 89.70 acres.
• On December 18, 2009, an 18-month administrative time extension (TE-09-022) was granted
to obtain City Engineer's signature on a final plat for phase two of the plat. As a condition of
the time extension, the current DA is to be amended to include building elevations.
D. Utilities:
1. Public Works:
a. Location of sewer and water: services to this site have been constructed with the Jakers
Subdivision.
b. Issues or concerns: The applicant has indicated that the restroom facilities shown on the
drawings maybe designed to be connected to city services. The restrooms are located in
the Spurwing Subdivision in unincorporated Ada County. In order to obtain City services
the applicant will need to seek council approval of a service agreement to connect to city
services.
VII. AGENCY COMMENTS MEETING
Comments were received by the Planning Department from Building Services and the Meridian Fire
Department for the subject application. E-mails are attached in Exhibit B below.
VIII. STAFF ANALYSIS
The subject application includes multiple requests. With annexation approval, specific development
plans (plat and elevations) were not submitted thus; only a concept plan was tied to the property.
The recently approved time extension required the applicant to amend the DA and tie building
elevations to the project. The applicant has complied with this requirement and sample elevations are
attached as Exhibit A.2. Staff believes the submitted elevations demonstrate compliance with the
provisions of Section E outlined of the City's design manual and should be very complimentary to the
adjacent residential homes in the area. Staff is recommending these elevations be attached as an
Exhibit in the amended DA.
In addition, the applicant wishes to add several upgrades to the proposed Tree Farm (Jayker) project.
The applicant is proposing to construct a new tennis facility, a cross access drive with a gated
entryway (connecting with the Spurwing Subdivision) on unplatted property. These upgrades would
be made in concert with off-site improvements proposed within the Spurwing Subdivision including
upgrades to the existing restroom facility (see ExhibitA.S).
The approved Tree Farm concept plan references pedestrian connectivity and the approved Jayker
Subdivision preliminary plat depicts one micro-path lot and two buildable lots in the general vicinity
of the proposed tennis facility. Thus, the applicant has submitted a new concept plan and wishes to
include this amenity as part of the open space requirements for a future phase (Exhibit A.4).
Staff wants to emphasize the cross access drive is not approved as a public or private street. The cross
access drive is meant to provide access to the tennis facility for the residences of the Jayker
Subdivision and the Spurwing Subdivision. Access to the tennis facility will be provided from a gated
drive to a public street located on the west end of the facility. The applicant is proposing to plat the
amenity property within two years as proposed in the DA provision below. Since the gated drive does
not qualify as a private street nor serves any residences and is not intended for general thru traffic, it
does not conflict with the gate restriction outlined in UDC 11-3F-4. The Meridian Fire Department
also endorses the connectivity between the two subdivisions. Staff has attached the Fire Departments
comments as Exhibit B.
Tree Farm MDA Page 3
The applicant has also requested the removal of a pedestrian connection located on Lot 18, Block 11
that is recorded with Phase One of the Jayker Subdivision. Currently the pedestrian connection is
stubbed at the eastern property boundary and provides no connectivity to the Spurwing Subdivision.
The approved concept plan does not call out any pedestrian connections in this area. Staff is
supportive of the removal of the pedestrian connection and believes the new tennis facility will
enhance interconnectivity between both subdivisions. However, a DA modification is not the
appropriate mechanism. for removal of the micropath. In order to remove the micropath and
incorporate the common lot into one of the adjacent buildable lots, the applicant needs to submit a
final modification application and obtain Council approval.
Currently, the conditions of the recorded DA preclude the construction of the tennis facility.
Specifically, provision 5.5 restricts the issuance of a building permit until the property is subdivided
in accordance with the UDC. Thus, the applicant has requested modification to the DA. The proposed
amenity will also require certificate of zoning compliance and design review approval. Note: Ada
County Development Services has administratively approved improvements proposed on the
Spurwing Subdivision property.
The applicant has prepared a draft copy of the amended DA for staff to review (Exhibit A.~. The
following modifications (staff's recommendations in italics and underline format) are requested to
the agreement: [Staff has bulletized the DA provisions proposed for modification] Staff is
recommending these changes be included in the amended development agreement.
• DA provision 5.2: Delete first sentence and replace with "Developer shall develop the
property generally in accordance with the plans and elevations attached as Exhibit C, A.2 and
C 1-ana-C-z the concept plan attached as Exhibit A.4, unless modified by this agreement.
• DA provision 5.5: Delete entire provision and add intentionally omitted.
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• Add a new DA provision 5.12: Developer is hereby permitted to construct the tennis courts
and related improvements within the tennis court area, as shown on the
Concept Plan (Exhibit o-l- an~C-2 A_4), and all improvements necessary for vehicular
ingress and egress to the tennis court area in the locations shown on the concept planes upon
the issuance of a certi acate o zoning compliance (CZC and desiQrt review (DES) approval.
A recorded copy of the cross access agreement shall be submitted with the submission of the
CZC application. If and when constructed, the tennis court area shall be utilized as common
area for the property, and shall be considered open space. Developer may install
g~e~~ated entryway at the entrance of the tennis court area to ensure use is only by
permitted persons. Subject to approval of all necessary property owners, the Developer shall
record a fmal plat of the tennis court area within two years from the date of this addendum.
IX. EXHIBITS
A. Maps/Other
1. Vicinity/Zoning Map -Property Subject to Development Agreement and Area Proposed for
Tennis Court Amenity
2. Proposed Elevations
3. Approved Tree Farm Concept Plan
4. Proposed Concept Plan and Entry Feature
5. Tennis Facility Site/Landscape Plan
6. Draft Development Agreement
B. Agency Comments
Tree Farm MDA Page 4
Exhibit A.l -Vicinity/Zoning Map -Property Subject to Development Agreement and Area
Proposed for Tennis Court Amenity
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Tree Farm MDA Page 5
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Tree Farm MDA Page 6
Exhibit A.3 Approved Tree Farm Concept Plan
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Tree Farm MDA Page 7
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Tree Farm MDA Page 8
Exhibit A.4 Proposed Concept Plan and Entry Feature
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Tree Farm MDA Page 9
Exhibit A.5 -Draft Development Agreement
THIRD ADDENDUM TO DEVELOPMENT AGREEMENT
PARTIES: l . City of Meridian
2. Spurwing Greens, LLC, Owner/Developer
This Third Addendum to the Development Agreement ("Addendum's is made
and entered into this day of , 2010, by and between CITY OF
MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY', and
Spurwing Greens, LLC, whose address is 3405 E. Overland Road ,Meridian, Idaho, 83642,
hereinafter called "OWNER/DEVELOPER".
RECITALS
A. CITY and OWNER/DEVELOPER entered into that certain
Development Agreement that was approved August 23, 2006 and recorded September 21,
2006 (Instrument # 1065 1218) and the First Addendum to Development Agreement that was
approved on February 1, 2007 and recorded on February 22, 2007 (Inshvment # 10702555),
and the Second Addendum to Development Agreement dated September 19, 2007
(Instrument # 107141993)(callectively "Development Agreement").
B. CITY and OWNER/DEVELOPER now desire to amend the
Development Agreement in accordance with the temas of this Third Addendum, which terms
have been approved by the Meridian Planning and Zoning Commission and the Meridian
City Council in accordance with Idaho Code Section 6?-6511.
NOW THEREFORE, in consideration of the covenants and conditions
set forth herein, the parties agree as follows:
1. OWNER/DEVELOPER shall be bound by the terms of the Development
Agreement, except with regard to Section 5, "CONDITIONS GOVERNING
DEVELOPMENT OF SUBJECT PROPERTY" of the Development Agreement, which is
hereby amended as follows:
a. That Section 5.2 is hereby amended by deleting the first sentence and
replacing it with:
"Developer will develop the Property generally in accordance with the
plans attached as Exhibit C, Exhibit C-1 and Exhibit C-2 (collectively
"Concept Plan"), unless otherwise modified by this Agreement."
New Exhibit C-1 and Exhibit C-2 attached hereto are hereby incorporated
THIRD ADDENDUM TO DEVELOPMENT AGREEMENT (MI 07-004 TREEFARM ANNEXATION
PAGE 1 GF 7
Tree Farm MDA Page 10
into this Addendum and the Development Agreement.
b. Section 5.5 is hereby deleted and replaced with the following:
Section 5.5:
"5.5 Intentionally Omitted"
A new Section 5.12 shall be added as follows:
"5.12 Developer is hereby permitted to construct the tennis courts and
related improvements within the tennis court area, in the locations shown
on the Concept Plan (Exhibits C-1 and C-2), and alI improvements
necessary for vehiculaz ingress and egress to the tennis court area in the
locations shown on the Concept Plan. if and when constavcted, the tennis
court area will be utilized as common area for the Property, and will be
considered open space. Developer may install vehicular gates at the
entrance of the tennis court area to ensure use only by permitted persons.
Subject to the approval of all necessary property owners, Developer shall
record a final plat of the tennis court area within two (2) years from the
date of this Addendum. "
2. OWNER/DEVELOPER shall be bound by the terms of tbe Development
Agreement, except with regard to Section 6, "COMPLIANCE PERIOD/CONSENT TO
REZONE" of the Development Agreement, which is hereby amended by adding the
following underlined text to the Section: "within two (2) years after the effective date of
the last addendum to this Agreement".
3. This Addendum shall be binding upon and inure to the benefit of the
parties' respective heirs, successors, assigns and personal representatives, including
CITY's corporate authorities and thew successors in office. This Addendum shall be
binding on the OWNER/DEVELOPER ofthe Property, each subsequent owner and any
other person(s) acquiring an interest in the Property. Nothing herein shall in any way
prevent the sale or alienation of the Property, or portions thereof, except that any sale or
alienation shall be subject to the provisions herein and any successor owner or owners
shall be both benefited and bound by the conditions and restrictions herein expressed.
CITY agrees, upon written request of OWNER/DEVELOPER, to execute appropriate and
recordable evidence of termination of this Addendum if CITY, in its sole and reasonable
discretion, determines that OWNER/DEVELOPER has fully performed its obligations
under this Addendum.
THIRD ADDENDUM TO DEVELOPMENT AGREEMENT (Mt 07-004 TREEFARM ANNEXATION
PAGE 2 OF 7
Tree Farm MDA Page 11
4. If any provision of this Addendum is held not valid by a court of
competent jurisdiction, such provision shall be deemed to be excised from this Addendum
and the invalidity thereof shall not affect any of the other provisions contained herein. In the
event of any conflict between this Addendum and the Development Agreement, the terms
and conditions of this Addendum shall control.
5. This Addendum sets forth all promises, inducements, agreements,
conditions, and understandings between OWNER/DEVELOPER and CITY relative to the
subj ect matter herein, and there are no promises, agreements, conditions orunder-standings,
either oral or written, express or implied, between OWNER/ DEVELOPER and CITY, other
than as are stated herein. Except as heroin otherwise provided, no subsequent alteration,
amendment, change or addition to this Addendum shall be binding upon the parties hereto
unless reduced to writing and signed by them or their successors in interest or their assigns,
and pwsuant, with respect to CITY, to a duly adopted ordinance or resolution of CITY.
Except as herein provided, no condition governing the uses and/or conditions governing
development of the subject Property herein provided for can be modified or amended without
the approval of the CITY in accordance Idaho Code Section 67-6511 A.
6. This Addendum shall be effective as of the date herein above written.
THIItD ADDENDUM TO DEVELOPMENT AGREEMENT (MI 07-004 TREEFARM ANNEXATION)
PAGE 3 OF 7
Tree Farm MDA Page 12
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
OWNER/DEVELOPER:
SPURWING GREENS, LLC
BY:
NAME:
TTS:
CITY OF MERIDIAN
BY:
MAYOR TAMMY de WEERD
Attest:
THIRD ADDENDUM TO DEVELOPMENT AGREEMENT (MI 07-004 TREEFARM ANNEXATION)
PAGE 4 OF 7
CITY CLERK
Tree Farm MDA Page 13
STATE OF IDAHO )
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Coutriy of Ada )
On this _ day of , 2010, before me, a Notary Public
in and for said State, personally appeared on behalf of
Spurwing Greens, LLC, known or identified to me to be the manager of said corporation,
who executed the instrument on behalf of said company, and acknowledged to me that he
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seat the day and year in this certificate first above written.
(SEAL)
STATE OF IDAHO )
ss
County of Ada )
Notary Public for Idaho
Residing at:
My Commission Expires:
On this- day of , 2010, before me, a Notary Public
in and for said State, personally appeared Tammy de Weerd and
known or identified to me to be the Mayor and Clerk,
respectively, of the City of Meridian, who executed the insinunent or the person that
executed the instrument of behalf of said City, and acknowledged to me that such City
executed the same.
1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
(SEAL)
Notary Public for Idaho
Residing at•
Commission expires: _
THIRD ADDENDUM TO DEVELOPMENT AGREEMENT (MI 07-004 TREEFARM ANNEXATION}
PAGE S OF 7
Tree Farm MDA Page 14
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THIRD ADDENDUM TO DEVELOPMENT AGREEMENT (MI 07-004 TREEFARM ANNEXATION
PAGE 6 OF 7
Tree Farm MDA Page 15
EXHIBIT C-1
CONCEPT PLAN
(Location of Tennis Courts and Ingress/Egress
on Property)
EXHIBIT C-2
CONCEPT PLAN
(Location of Tennis Court Area and Ingress/Egress
with Adjacent Subdivision)
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TFIIRD ADDENDUM TO DEVELOPMENT AGREEMENT (III 07-004 TREEFARM ANNEXATION)
PAGE 7 OF 7
Tree Farm MDA Page 16
Exhibit B -Agency Comments
1. Fire Department
~ Mayor Tammy de Weerd
City Conndl Members:
ERIDII - KelthBird
Joe Borton
MERIDIAN RURAL FIRE PROTECTION DISTRICT
Chairman: Richard Greene Treasurer Clair Bowman Secretary: Terry Leighton
January 14, 2010
TO: Ada County Development Services
FROM: Joseph Silva, Deputy Chief, Fire Prevention
SUBJECT: Spurwing Greens Access Road Approval
I have reviewed and approved the proposed changes to the existing emergency access
road for the Spurwing Greens/ Spurwing project as attached. The proposed change will
not only serve the needs of the Spurwing Greens project, but will also enhance the existing
emergency access to the Spurwing Subdivision. The Meridian Rural Fire District attempts
to provide a secondary means of access to all proposed development or portions thereof
that serve more than 50 homes off of one roadway.
2. Building Services
From: "Brent Bjornson" <bbjornson@meridiancity.org>
To: "Cornel Larson" <cornel-larsonarc@cableone.net>
Cc: "Daunt Whitman" <dwhitman@meridiancity.org>
Sent: Monday, March 15, 2010 10:20 AM
Subject: RE: Spurwing Green
Hello Cornel,
I did. Plan on a commercial fence permit only for that portion in our
jurisdiction for the tennis courts. No permit required for the monument
structures or black gate between the structures. An electrical permit
may be required for the gate however.
Brent Bjornson
Meridian Building Services
P (208) 489-0304
F (208) 887-1297
Tree Farm MDA Page 17