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Ada County Development Svcs - Edinburgh Subdivision PP/PDR 00-10~r~ ° i~ ~! Duly 2s, 2000 MERIDIAN CITY COUNCIL MEETING .lUly 5, 2000 APPLICANT qda County Development Services -Steve Smith ITEM NO. N REQUEST Findings -Preliminary plat for Edinbur h Subdivision of 53 lots and 5 other lots on 17.76 acres - 1 /2 mile east on Ea le Road on McMillan Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS See attached Findings ~~~ ~~~ ~ L ~~ 1~~~ !~~' Contacted: ~~E~,1~6 l ,~ Date: ~''~~t~ Phone: ~~ ~(~:-- ~ ~ ~ G ~ .1h _~,~~ Materials presented at public meetings shall become property of the City of Meridian. interoffice M E M O R A N D U M To: William G. Berg, Jr. From: Wm. F. Nichols Subject: Edinburgh Place Subdivision By: Steve Edinburgh File: .Ada County Development Services Date: June 30, 2000 Will: j~ECEIVEj) JU~d 3 0 2000 CITY OF MERIDIAN CITY (;I FRK n~cir-F Please find attached the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT, pursuant to action of the Council at their June 20, 2000 meeting. The Findings will be on the Council's agenda for July 5, 2000 meeting. Please serve conformed copies of the Findings upon the Applicant and the Planning and Zoning Department, Public Worlcs and the City Attorney office, if Council approves the Findings. If you have any questions arise please advise. Z:\Work\M\Meridian 15360M\Edinburg Sub by Steve Smith PP\Berg063000.Mem BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN 06-29-00 IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR EDINBURGH PLACE SUBDIVISION - 138 LOTS ON 40.69 ACRES LOCATED ON THE NORTH SIDE OF MC MILLAN ROAD APPROXIMATELY ONE-HALF MILE BETWF,EN LOCUST GROVE AND EAGLE ROAD/SH 55, SITUATED IN THE NORTHEAST PORTION OF MERIDIAN'S AREA OF IMPACT WITHIN ADA COUNTY'S ZONING JURISIDICATION BY STEVE SMITH ADA COUNTY DEVELOPMENT SERVICES FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT STEVE SMITH /EDINBURGH PLACE SUBDIVISION CASE NO.: ADA COUNTY DEVELOPMENT SERVICES FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT -1 The above entitled matter coming on regularly for public hearing before the City Council on June 20, 2000, upon the Preliminary Plat application submitted to Ada County Development Services, which application was referred to the City of Meridian for approval pursuant to the Ada County -City of Meridian Area of Impact Agreement, and Shari Stiles, Planning and Zoning Administrator, and Gary Smith, Public Works Director, appeared and presented comments to the Council, and appearing and submitting comments on behalf of the Applicant was JoAnne Butler, and the City Council having received a report from Gary Smith, City Engineer, Shari Stiles, Planning and Zoning Administrator, and Brad Hawkins-Clarlc, Planner, and the applicant having submitted the latest Preliminary Plat for Edinburgh Place Subdivision, attached hereto as Exhibit "A" as if set forth in full herein, and consisting of one page, submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code § 12-3-3. Therefore, the City Council makes the following findings: FINDINGS OF FACT That the proposed development would be in conformance with the Comprehensive Plan by the fact that it lies just beyond the existing Urban Area but services could be provided beyond the city limits as defined in the Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT STEVE SMITH /EDINBURGH PLACE SUBDIVISION -2 Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Comprehensive Plan and Map, adopted December 21, 1993, and the property is presently zoned Low Density Residential (R-4), and requires connection to the Municipal Water and Sewer System. [Meridian City Code § 11-7-2 C.] 2. The preliminary plat would be in conformance with the Comprehensive Plan, as stated in section 1 above, City of Meridian adopted December 21, 1993, Ordinance No. 629. 3. It is determined that Urban Services can be made available beyond existing city limits to accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary'plat approval. 4. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions which are requested by the Planning and Zoning Administrator and the Assistant City Engineer and as proposed by the developer as stated on the preliminary plat there will be public financial capability of supporting services for the proposed development. 5. The development if built in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT STEVE SMITH /EDINBURGH PLACE SUBDIVISION -3 6. It is found that the conditions are reasonable and appropriate for the approval of the preliminary plat as hereinafter set forth. 7. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein set forth in Exhibit "A" attached hereto and consisting of five pages, for Edinburgh Place Subdivision. DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER The Preliminary Plat of the applicant as evidenced by Preliminary Plat map, attached hereto as Exhibit "A", as if set forth in full herein and consisting of one page, is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: Adopt the Planning and Zoning Administrator and. Assistant City Engineer Recommendations as follows: 2.1 ,The Applicant shall be required to give irrevocable consent to annexation to the City of Meridian upon contiguity. An agreement needs to be recorded covering the entire development. The Applicant has also stated their intent to place the requirement for annexation as a non-negotiable term within each lot's property deed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT STEVE SMITH /EDINBURGH PLACE SUBDIVISION -4 2.2 Presently, there are inadequate educational facilities to meet the additional proposed 138 homes within Edinburgh Place Subdivision. The Applicant shall be required to meet with the Meridian School District and obtain a letter from the District regarding the potential dedication of land for a future school and/or other potential options to mitigate their over-capacity concern. 2.3 Edinburgh Place Subdivision shall be subject to payment of late-comer fees for all lots at the time of Final Plat signature. 2.4 The Applicant shall provide five-foot-wide sidewalks throughout the subdivision. 2.5 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 2.6 If the pressurized irrigation system within this development is to remain a private homeowners association system, complete plans and specifications shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual shall be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the culinary water system shall be required, and the common areas within the development will be a subject to water assessments. 2.7 Applicant shall be responsible to construct asix-foot-high, permanent perimeter fence along the west property boundary. 2.8 The Applicant shall be required to contribute park impact fees to the City for this subdivision. The application states that a Boise City park is less than one-half mile from the subdivision. However, once annexed into Meridian, the City will also provide park services to residents in this northeast quadrant. Although the City has not yet entered into an area of impact agreement to include these fees within our area, the fact that municipal services are being requested lends credence to the City being able FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT STEVE SMITH /EDINBURGH PLACE SUBDIVISION -5 to impose fees that are requested of other properties requesting City services. Parlc impact fees shall be a condition of approval. The Applicant verbally agreed to pay Meridian's park impact fees on a lot-by-lot basis. 2.9 As an arterial, a minimum landscape setback of 20 feet must be provided beyond a required 48 feet from centerline of McMillan Road the full length of the subdivision boundary. The westernmost common area adjacent to McMillan Road appears to be less than the required 20 feet. 2.10 Future development of the additional property which was part of the initial 40.69 acres shall strive to achieve a 10% open space as indicated in Meridian City Code § 12-6-7 E 5. 2.11 A "system development charge" will facilitate future construction of trunk sewer and water lines. This development is a candidate for payment of this fee as it is developed. Preliminary calculations show the fee to be $750/lot(sewer) and $520/lot (water). By action of the City Council at its regular meeting held on the day of 2000. By: ROBERT D. CORRIE Mayor, City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. By: City Clerlc Dated: msg~Z:\Work\M\Meridian 15360M\Edinburg Sub by Steve Smith PP\FFCLOrdApprovePP FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT STEVE SMITH /EDINBURGH PLACE SUBDIVISION -6 ** TX CONFIRMATION REPORT ** DATE TIME TO/FROM 08 07/05 17 23 2083855384 AS OF JUL 05 '00 17 25 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMDti STATUS EC--S 01'40" 006 107 OK BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN 06-29-UU IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR EDINBURGH PLACE SUBDIVISION - X 38 LOTS ON 40.69 ACRES LOCATED ON THE NORTH SIDE OF MC MILLAN ROAD APPROXIMATELY ONE-HALF MILE BETWEEN LOCUST GROVE AND EAGLE ROAD/SH 55, SITUATED IN THE NORTHEAST PORTION OF MERIDIAN'S AREA OF IMPACT WITHIN ADA COUNTY'S ZONING JURISIDICATION BY STEVE SIvIITH ADA COUNTY DEVELOPMENT SERVICES FINDTNGS OP PACT AND CONCLUSIQNS OF LAW AND 1)LClS1C?N AND ORDT:It OF CONDITIONAL APPItpVAL OF PRELIMINARY PLAT STEVE SMTT'#I / EDINI3UItGI-I p4ACE SUBDIYIStON CASE NO.: ADA COUNTY DEVELOPMENT SERVICES FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT 07/05/00 15:33 FAQ 2083766804 HAWKINS SMITH ~~ ~ ~, ,\ Praporing C Todoy's ~ ~' Studan~ fog ~ ~ Tomortow's Choll$rge:. Go ~~p JP C • f p8l ~-M_ C ~a~p SUPERINTENC~ENT Christine H. Donnell July 5, 2000 Mr. Hal Gunderson Edinburgh LLC 582 River Heights Drive Meridian, ID 83642 Re: Edinburgh Place Subdivision (see attached map Exhibit) RECEIVED JUL 0 5 2000 CITY OF MERIDIAN CITY CLERK OFFICE This letter confirms that Joint School District No. 2, Meridian, has no objection to the subject subdivision and does not require dedication of land for educational facilities within the 40.69 acres contemplated for development as Edinburgh Place Subdivision. Sincerely, Christine Donnell Superintendent c: William G. Berg, Clerk, City of Meridian Steve Hopkins, Ada County Development Services ,d ~ ~n ^ ^e L [~ 002/003 ,~ G V {l(E/ T [ Y~ '~~~~ J ..J~„-~ i ~~~~t Soh®®~-~st~°~~~ C~I• ~ 911 Meridian Street • Meridian, Idaho 83642 ~ (208) 888-6701 ~ Fax (208) 888-6700 JUL 05 '00 16 42 2083766804 PAGE. 02 07/05/00 15:33 FAIT 2083766804 07/01/2000 06:14 206-886-7188 ;i; i .~, 1 ,~!~ i 1 - ~/ I~ ~i I fr31U]gee r ~ '~ ' f ~+ ~ i ii i '~ i ~ '~ I~ I h i f' ,, ,; , , ~~ i JIISY]]Y/Se ~~ ~ ~ ~ i ~ ~ i~ ~~ 1 i~ ~ I ~ r---------- ~~ ~ ,~ i '; ' ~ ~ ~' ~; ~ „~ ~ I~ ' 1' ~ I ~~ ~ ~ r ~~ i 1j ~ 1 ,; ,, . ,~ ,. ~i ~~ ,~ ~' s; ~, ~' ,~ Y~ ~ I~ . ,~ .~ ., ,, ;,i • ~: I, ~; a ~ ~~ ._ t f - i I 1 i r HA44'KINS SMITH H BUNDERSON f~ ~ ~ ~` ~d 7 ~ ~_ ~~ ~ ~t ' ~ ~ ( ~ ~ N 1ar~ SPRIN WfQ~ ~ ~~( ~ ~' ~ ~1 ~ ~~ i ; ~, ; ,, ~ Vii,` i i ~ ~ ~ ~ ~ ~ N C/WI/lS/CREEK AVE-----_.._f ~ ' ~ _, I, ~ ~ ~ i`. s z ..may ~. V~ "X~ ~~ ~~ ~~ ~ o ~ Z.- ~ , ~ 003/003 PAGE 02 ~~ ... _..., 1 r JUL 05 '00 16 42 2083766804 PAGE. 03 07/05/00 1.5:33 FAQ 2083766804 HAFYIZINS SMITH T~~`f ~f T uT N ~,,'+ Hawkins -Smith r 1 1 I(1l 1 ~-.Jl 1 1 ~7 8645 W. Franklin ~~lrT7'`H" Boise, Idaho 83709 11~ 1111 11 1l ~. (208) 376-8521 Phone Commercial Developers (208) 376-6804 Fax fax Transrx~ittal Memo t~Joo1/o03 To: JoAnn X3utler Fax No:385-5350 Gene Smith 376-5556 Bill Nichols 288-2501 Shari Stiles 887-1297 Mayor Robert Corrie 887-4813 From: Kenny Christensen Date: 7/5/00 Re: Edinburgh Place Pages:3 Original) Documents: ^ Will follow via overnight service COMMENTS: i~e~uietl ~ln~ateai¢ec~ ^ Other. If this transmission is unclear, or you do not receive all the pages, please call the office number listed above. JUL 05 '00 16 41 2083766804 PAGE. 01 ~ - 8 ~.. - 5 2~~~ CITY C~ ~'~.~t~~~Ai~i JoAnn C. Butler 208.385.5404 direct jab@moffatt.com Boise Idaho Falls Pocatello US Bank Plaza Building 101 S Capitol Blvd lOt FI PO Box 829 Boise Idaho 83701 0829 208.345.2000 208.385.5384 fax www.moffatt.com July 5, 2000 via facsimile Mayor Robert Corrie and Meridian City Council 33 East Idaho Meridian, Idaho 83642 RE: Edinburgh Place/Bunderson-Smith, LLC MTBR&F File No.: 21-736.0 Dear Mayor and Council Members: Bunderson-Smith, LLC has received a copy of the draft Findings of Fact and Conclusions of Law and Decision and Order of Conditional Approval of Preliminary Plat in connection with Edinburgh Place, and makes the following comments. The first sentence of Condition of Approval 2.8 must be revised as follows: The Applicant s~edhas voluntarily agreed to contribute park impact fees to the City for this subdivision. This language more correctly reflects the City's statement later in this paragraph 2.8. That is, that the payment of impact fees is being made voluntarily and is not a requirement. [Hal and Steve, if you talk to your accountants about a possible taa break for a voluntary contribution, the language, as written, indicating that the payment is "required" will undercut your accountant's argument.] Condition of Approval 2.10 must be deleted as it is not relevant to the particular subdivision plat that was presented to the Council for review, and it does not reflect the discussion at the City Council hearing on June 20, 2000. As the Applicant stated at that hearing, it cannot be required to comply with a Meridian Zoning Ordinance requirement that P1JDs provide 10% open space because such a condition of approval is based on the incorrect assumptions that: 1) Meridian's Zoning Ordinance applies to this subdivision; and 2) Edinburgh Place is a PUD. BOI MT1:303537.1 a..r Neither is correct. The Applicant did, however, based on the Council's belief that the developer of Vienna Woods (directly north of Edinburgh Place) provided the City with both a voluntary payment of City park impact fees and also with 10% open space, state that it would review this issue further. As we wrote to the Council on June 28, the Applicant has since reviewed the issue with the developer of Vienna Woods and discovered that Vienna Woods did not provide the City with either park impact fees or 10% open space. Accordingly, the Applicant is willing to further review this issue with City staff; if and when future phases of Edinburgh Place are designed, but this condition is inappropriate and must be deleted. Because paragraph 2.11 does not relate to any legally adopted assessment, it should be deleted to prevent confusion in the future. In its draft report, your staff stated that this subdivision was a "candidate" for an assessment to be applied toward utility construction. In response, the Applicant stated that it would be pleased to assist the City develop its utilities by providing its fair share of assessments in connection with any legally adopted assessment. Because such assessment has not been adopted, it would be inappropriate to indicate such assessment is applicable to this application. The Applicant appreciates that the City is attempting to identify mechanisms to fund infrastructure improvements. The Applicant encourages the City to draft, publically review and adopt an assessment for infrastructure improvements that are fairly assessed among residential, commercial and industrial developers in Meridian. We thank the Council for its time and consideration. Sincerely, JoAnn C. Butler JCB aaa cc: (via facsimile) Hal Bunderson Steve Snuth Bill Nichols Shari Stiles Gene Smith .~, .~~. 1 i ovoUer~g.~ o` ~g n M ~,. SUPERINTI:N[~ENT Christine H. Donnell July 5, 2000 ~~+~ Today's SeRpnm fa 7omarow's y\ a~ Mr. Hal Gunderson Edinburgh LLC 582 River Heights Drive Meridian, ID $3fi42 ~.., ~, _~~ ~' ~ - 5 2~1~~1 CIZ`Y CF I~EI$IDIAN )Dint Schc~®~ District lelc-. 2 911 Meridian Street • Merfdlan, Idaho &3642 • (208) 888-b701 • Fax (208)1388-6700 Re: Edinburgh Place Subdivision (see attached map Exhibit) This letter confirms that Joint School District No. 2, Meridian, has no objection to the subject suE-tlivision and does not require dedication of land for oduc3tiona[ facilities within thA 40.69 acres contemplated for development as Edinburgh Place Subdivision. Sincerely, Christine Donnell Superintendent c: William G. Berg, Clerk, City of Meridian Steve Hopkins, Ada County Development Services ~~ ~ '/~/ Ue90 ~/~ ** TX CONFIRMATION REPORT ** DATE TIME TO/FROM 03 04/17 16 07 2882501 April 17, 2000 Ada County Dev. Svcs MERIDIAN CITY COUNCIL MEETING April 18, 2000 APPLICANT Steve Smith ITEM NO. 4 REQUEST 00-1 OPDR / 00-05 ZC -Preliminary plat for Edinburgh Subdivision - 138 lots on 40.69 acres - 1 /2 mile east of Eagle Road on McMillan Road AGENCY COMMENTS ...W.___...~~ CITY CLERK: See previous item packet CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Materials presenfetl at public meetings shall become property of the City of Meridlon. RS OF APR 17 '00 16 12 PAGE. 01 CITY OF MERIDIAN MODE MINfSEC PGS CMD#t STATUS EC--S 04'50" 009 165 OK May-OZ-00 12:39 WHITE, PETERSON, PRUSS, MORROW & GIGRAY, F'. A. ATTORNEYS AT LAV! P.Ol ~ltll f. KLf IN 1'ISfHER PIIILIP A. 1'ETERSAN Zoo FAST CARLTUN AVENUE. SUITE St ' NAMPA UFPICL wM. F. C~ICi+Av, to STEPHEN L. PRL}SS Pc ~ST L~FFIC.E BOX 1150 10q ti[NTH AVt~I!K 1!)t:"~H P.Rf.NT JIIHNCt)N ENIC S. ROSSUAN MERIDIAN, IDAhl08]680.1150 P(1Sr ~+GF1~.F. rc~~c l~? D. SAMUEL J~~HNSON TDUU A RUSSMAN TEL (Z08) 21tA.2~99 NA~1FA, IDnl10 936$1 024) WILLIAM A. MQRROly WlLL1AM F. NICHUL5• DAVID M• S~YARI LEA TER0.ENC:P. R V/nt+r" FAX (108) 288.2501 TEL 120H) 166?Z?i (;IIRI5TUPI(EN $ Nr4 FnX (ZOtl) 466-44!!7 `A L50 APMITTip 1N OA ••AIFO ADMITTFh IN ~+~ PLE.45L REPLY TO MERIDIAN OFFICE FA,CS~M I [,1 TRANSM IT"1'A1. Y?AT1:: ~' ~'~ •1'1M>r: "1'U: C:UMI'ANY: F.AJ~ #: ~- PHUNE: ^ rr: ~L f~~c-_~ NtJM13L12 nl~ PACES: FROM: zx~ 0 ~Vhi[e, Peterson, Truss, Morm~4• & (ai~ray Meridian Office 1'1-(ONF: (208) 288-2.499 Confidentiality Notice: The contents vfi this transmission arc intended tc~ he seen and uses! only by the individual to whom it is addressed. if you receive this lr~lnsmissi~n in eCCUr, I~lcase call our c~fficc so that tive rtlay arr<iri~e to pick up the document ,ind route it to the: office iL was intended foe. YoLI :may call cl~lltct il• long dist;~r>,cc: (208) '145-2409. "1'han)< you. MAY 02 '00 11 31 PAGE.01 June 15, 2000 Ada County MERIDIAN CITY COUNCIL MEETING June 20, 2000 APPLICANT Ada County Development Services ITEM No. 18 REQUEST Preliminary Plat for Edinburgh Subdivision - 138 lots on 40.69 acres by Steve Smith - 1 /2 mile east of Eagle Road and McMillan Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS See previous item packets ~~"GPJ ,~?~ ~;,~, ~,1 J BUREAU OF RECLAMATION: OTHER: See attached letters from Hubble Engineering and Gunderson-Smith Materials presented at public meetings shall become property of the City of Meridian. RUBBLE ENGINEERING, INC. 9550 Bethel Court .Boise, Idaho 83709 May 12, 2000 Meridian City Council City of Meridian 200 E. Carlton, Suite 201 Meridian, Idaho 83642 RE: Regarding Edinburgh Subdivision Reconsideration Dear Mayor and City Council; 208/322-8992 . Fax 208/378-0329 ~~~1VE~ MaY 12 2000 City of Meridian City Clerk Office Please accept the attached revised preliminary plat of Edinburgh Place Subdivision, along with our request for reconsideration. As discussed with your planning staff we have modified our preliminary plat application to include our phase one design with a limited number of lots. As explained by your planning and public works departments this number of lots can be serviced by Meridian City for sewer. Please reconsider this application with these changes at the next City Council Meeting. Thank you for you consideration, please contact me if you have any questions Sincerely, Shawn L. Nickel, Director of Planning Hubble Engineering, Inc. Cc: Shari Stiles, Planning Department Gene Smith, Project Engineer JoAnn C. 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Franklin Boise, Idaho 83709 208/ 3?6-8521 208/376-6804 (fax) May 16, 2000 T~IA FACSIMILE 1vlayor Robert Corrie and Meridian City Council 33 East Idaho Meridian, Idaho 83642 RE: Edinburgh Place Dear Mayor and City Council Members: ~C~~D MAY 1 6 200 crrfoFn~~r~v As you know, Ada County has asked Meridian to provide comments on the proposed subdivision known as Edinburgh Place. At your hearing on May 2, 2000 the Council moved to recommend to Ada County denial of the preliminary plat because the existing sewer capacity is not enough to provide service to all 138 lots shown on the preliminary plat. As your engineer stated at the hearing, there is capacity to serve 521ots and, as we stated at the Council hearing, we will not develop more than 521ots until further capacity is developed. Your engineer also reported that once the White Trunk Line is developed (appro~mately one year), capacity in that Line will be available for many years to come. I believe your engineer stated that even if all future development in Meridian were served solely by the White Trunk Line (an unlikely situation), capacity would exist in that Line for eight years. Clearly the City is energetically working toward serving this area in the relatively near future. Accordingly, to recommend approval of our 52-lot preliminary plat (using existing capacity) would be consistent with Meridian's plans to serve this area. Following your hearing, we met with Ada County to determine whether the County would process a preliminary plat showing only 521ots rather than 138. Ada County has told us that it will. Copies of this preliminary plat were provided to your staff at the end of last week. With this preliminary plat, Meridian has the assurance that no more than 521ots will be developed prior to further sewer capacity being developed. We are respectfully asking the Council to reconsider its decision in this matter based on this new information from the County. VVe also ask the City to reconsider its decision because we are providing a preliminary plat for review (that is, one showing 52 lots) that clearly meets the spirit and intent of the Council's previous motion. 601 MTt:2965.:2.t MAY 16 '00 16 58 2083855350 PAGE. 02 ..~ Mayor Robert Corrie and Meridian City Council May 16, 2000 Page 2 We look forward to meeting with the Council at its next hearing on May 16, 2000. Very truly yours, I~~n~--~ ~~1. ~LLL ~ r'L.. ~~ ~.~..~. ~ a ~' cc: Steve Smith Gene Smith 7oAnn Butler Bill Nchols 60i MTL•296532.1 MAY 16 '00 16 58 2083855350 PAGE.03 Mo. ffdtt Thomas MOFFATT THOMAS BARRETT ROCK er FIELDS, CH'xD. Retum Mailing address: PO Box 829 Boise ID 83701 0829 Steve Smith 376-6804 376-8521 3 Pages (including this cover page) Sent: May 16, 2000 TO: Mayor Robert Corrie and Meridian City Council Fax Number: 887813 Voice Number: 888-4433 CLr: Fax Number: Voice Number: GG: Fax Number: Voice Number: F1~OM: Description Comment: PLEASE DELIVER IMMEDIATELY The information contained in this facsimile message is attorney privileged and confidential information intended only for the use of the individual or entity named above. If you have received this communication in error, please immediately notify us by telephone to arrange for return of the original document to us. Thank you. BOI MTL297132.1 Bill Nichols 288-2501 288-2499 C~LQ~ Return Delivery address: 101 S Capitol Blvd 10th FI Boise ID 83702 Fax: 208 385 5350 Voice: 208 345 2000 Direct: 208 385 5404 File No.: 21-736.0 JoAnn C. Butler Edinburgh Place Mr. Gunderson requested that I forward to you the attached letter, MAY 16 '00 16 57 2083855350 PAGE. 01 April 27, 2000 MERIDIAN CITY COUNCIL MEETING APPLICANT Steve Smith Ada County Dev. Svcs. May 2, 2000 ITEM NO. p2 REQUEST 00-1 OPDR / 00-05 ZC -Preliminary Plat for Edinburgh Subdivision - 13$ lots on 40.69 acres - 1 /2 mile east of Eagle Road on McMillan Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: See previous Item Packet ~S~ y ~~ G~ ~ Materials presented at public meetings shall become property of the City of Meridian. May-OZ-00 12:39 L(~ VV~t1j WHITE, PETERSON, PRUSS, Iv10RROW ~ JVLIE KLEIN FISCHER PrgIP n• PITE~7[)N ~N~ F. CICA~r, (() STEPH EH L. FtUSS 9~6NT J7HNfAN EAIQ $. RI~H$MAN Q. ShMVEL JOHNSON TODD A. AOSSA4IN a ICLIAM A. MORROW pwlD M• $~ARTLEr dlLLlww F. NICnOL1• TEAAE.\CE R. II/HITF •' CZ40.13TOPHEA 5. NYB •ALSO ADMITTED IN OA ••ALSO ADMITTED M WA ATTORNEYS AT LAS 200 EAST CAA4TON AvENUE, SUITE l PosroFF-cE sox Ilsa MERIDIAN, IDAHO 83690-1 1 5C TEL (208) 288-299 FAX (208) 288.2501 Email vla Internet ~ 4fg~wppmr.com r; Z-~ d ~~ ~ ~ Z P.OZ CE COPY MPA OFFIC,F; H AVENUE SOUTH _ _ __ OFFICE BOX 2~7 NAMPA, IDAFl08)5S)-02+7 TEL (208)+66A272 FAX (2011106•++OS PLEA5E REPLY TO MERIDIAN OFFICE Mayor Robert D. Come City Council Members Meridian City Hall 33 East Idaho Meridian, Idaho 83642 April 27, 2000 RECEIVED Mar o i 2000 CITY OF MERIDIAN C~7Y CLERK OFFICE Re: Steve Smiith/Edinburgh Subdivision Preliminary Plat Dear Mayor Come and Council Members: With regard to the above referenced Ada Count:, application for subdivision approval, I recommend that the City require, as a condition of approval, that the developer install dry sewer and water lines, that the developer irrevocably consent for itself, its successors and assigns, to annexation into the City of A~Ieridian when the property is contiguous to City limits and connection is made to City services; and that the subdivision comply with all of the City's requirements set forth in the City Subdivision Ordinance. These conditions would be satisfied by a tyFlical agreement for connection to City sewer and water services for property outside of the current City limits, and a note should also be included on the subdivision plat and in the Covenants, Conditions and Restrictions, which will be recorded as part of the subdivision and provided to purchasers of lots within the subdivision. Contingent upon receipt of a report from Gary Smith with regard to waste water rapacity, based upon the preliminary indication that there is only sufficient. capacity, until the YVhite Trunk is constructed, for 80 additional egl.livalent residential units, then the agreement should also set forth that there is a restriction on the number of building permits which can be issued until that trunk is completed. MAY 02 '00 11 31 PAGE. 02 May-OZ-00 12-40 P.03 r , qrr: ~ Mayor Robert D_ Gorrie Apri 127, 2000 Page 2 Lastly, when the City's comments are fonvarded to Ada County Development Services, eve need to assert the provision of the Area of Impact Ordinance, which requires the City's approval for subdivisions, so that Ada Coi:.nty will make sure that future subdivisions have also been submitted through the proper channels for review and approval by the City. Very truly yours, D1C7fiTE0 DY A.?iC~;;r'; ,~') SENT tNITHGUT SIv1~L;Ttlf'E I;! N!S ABStNCE TO AYOIG ucillY Wm. F. Nichols Meridian City Attorney , cc: Shari Stiles, P Sz Z Gary Smith, Public Works Shawn L. Nickel, Hubble Engineering MAY 02 '00 11 31 PAGE.03 HUB OF TREASURE VALLEY MAYOR Robert D. Corrie LEGAL DEPARTMENT A Good Place to Live (208) 288-2499 • Fax 288-2501 o CITY OF MERIDIAN PUBLIC WORKS UN~1L MEMBERS C1TY ~ BUILDING DEPARTMENT Ron Anderson 33 EAST IDAHO (208) 887-2211 • Fax 887-1297 Keith Bird MERIDIAN, IDAHO 83642 Tatum deweerd y (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Fax 888-6854 ~V~D May 2, 2000 MEMORANDUM: _ F : ;~'~ - Z 2~QQ To: Mayor and City Council O~ ~~~ From: Gary Smith, City Engineer ='' ~' Shari Stiles, P&Z Administrator Brad Hawkins-Clark, Planner'8~- Re: Request for a Preliminary Plat (Planned Residential Development) for Edinburgh Place Subdivision in Ada County - 138 Single-family Dwelling Lots on 40.69 Acres - by Bunderson-Smith, LLP APPLICATION SUMMARY The subject application proposes to develop 40.69 acres consisting of 138 single family buildable lots and eight (8) common lots at a density of 3.4 dwelling units per acre. The Applicant, Steve Smith, is requesting a rezone from RT (Rural Transitional) to R4 (Low Density Residential) and a Planned Residential Development. It is located on the north side of McMillan Road approximately one-half mile between Locust Grove and Eagle Road/SH 55. The proposed subdivision is situated in the northeast portion of Meridian's Area of Impact within Ada County's zoning jurisdiction immediately south of the recently approved Vienna Woods Subdivision. BACKGROUND & GENERAL COMMENTS At your April 4, 2000 meeting, the Council requested Staff to prepare detailed comments on the subject application. On April 7, 2000, a letter was sent to the Ada County Commission requesting they defer action on this project until official comments could be prepared by the City. You requested more time be spent analyzing the plat as well as the impact of City services being extended beyond the City limits. The application was originally set for a public hearing on April 20, 2000 before the Ada County Planning & Zoning Commission but is being recommended by Ada County Development Services staff to be tabled to the May 11, 2000 meeting. As part of the City's negotiations with Ada County over the Meridian Area of Impact in 1997, the City Council agreed to provide services to the 80 acre, Vienna Woods parcel. A lift station is currently being constructed in the southwest corner of Vienna Woods and connected to a pressure sewer line in Locust Grove Road which runs approximately one mile south to connect to the City's existing 8" sewer line at the Charter High School. The Applicant for Edinburgh Edinburgh Place Sub.PP Mayor, Council and P&Z May 2, 2000 Page 2 Place proposes to connect to the sewer line and lift station serving Vienna Woods. Water service would need to be extended to the east down McMillan Road from Locust Grove Road to the subdivision's east boundary. The primary issue before Council on this application is whether or not urban services should be provided beyond existing city limits to serve the subject property. Staff feels it is important to point out that no commitment was ever made by the City of Meridian to the Ada County Commission during the 1997 Area of Impact negotiations to serve any property in this northeast service area other than the 80 acres of Vienna Woods Subdivision. We do not feel Vienna Woods should be viewed as aprecedent-setting case in terms of providing City services outside the City limits. The City fulfilled its commitment to serve Vienna Woods and is under no legal or binding obligation to serve additional properties beyond Vienna Woods. Regardless of the ultimate build-out timeframe and Final Plat application submittals for the Vienna Woods phases, the City must reserve sufficient capacity to serve a1180 acres. The following policies from the 1993 Comprehensive Plan support Staff's recommendation to deny the plat at this time and to not approve development beyond the City limits. These policies are cited for your consideration in making a decision: • "New growth should fmance public service expansion" (pg. 1, Foreward). • "The Meridian Urban Service Planning Area is the geographic area where municipal services and utilities are available or planned for, including municipal central sewer and water facilities" (pg. 3, Foreward). • Goal 2 of the City's ten community planning goals is "To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development, the provision of services and the distribution of new housing units within the USPA" (pg. 5, Foreward). • Goa19 of the City's ten community planning goals is "To encourage a balance of land use patterns to insure that revenues pay for services" (pg. 5, Foreward). • "Although it is recognized that urbanized development does exist within the rural areas of the Area of City Impact, the rural lands should be kept in agricultural production as long as possible until urban services (municipal sewer and water facilities and other essential services) can be provided" (Policy 6.3, pg. 29, Land Use Chapter). • "Within the USPA one single-family residential house may be placed on a 5- or 10- acre tract provided dry line sewer and water lines are installed and constructed..." (Policy 6.3.b., pg. 29, Land Use Chapter). • "Residential development is allowed in the rural areas provided that said development does not exceed the Rural Residential Agricultural density, unless it is inside the USPA and City sewer and water is provided, when Low, Medium and High density residential may be considered. All residential development must also comply with the other appropriate sections of this plan" (Policy 6.4, pg. 30, Land Use Chapter). • "Residential developments shall be phased in accordance with their connection to the municipal sewer system" (Policy 1.7, pg. 67, Housing Chapter). Pdinburgh Place Sub.PP.doc Mayor, Council and P&Z May 2, 2000 Page 3 Stars opinion is that the current zoning for the subject property, which is Rural Transition (RT), is the most appropriate given the provisions of the Comprehensive Plan. Section 8-4C-1 of the Ada County Code describes the purpose of the RT zone as follows: "The purpose of this Article is to identify lands lying within the Area of City Impact on the Ada County Comprehensive Plan Map that are not zoned residential, commercial or industrial. Such lands are presently not served by urban services and urban growth should be discouraged until urban services are extended. At such time, it is appropriate to rezone RT lands to applicable urban zoning classifications and to permit development that is in accordance with the applicable City Comprehensive Plan. Until such time, appropriate use of these lands includes agricultural uses and residential development of a rural character." Both Meridian's Plan and the Ada County Code recognize the need for orderly urban growth in relationship to the providence of urban services, including most importantly sewer and water. This parcel should remain RT and not be rezoned at this time. RECOMMENDED CONDITIONS Should the Council choose to recommend approval of the subject rezone and plat to Ada County, Staffrecommends the following conditions be placed on this application: A condition of approval placed by the City on the Vienna Woods Subdivision was they submit an application for Annexation to the City of Meridian, which Skyline Development Company did on September 10, 1998. Since the property is not contiguous, the City did not formally process the application and has been holding both the application and fee until such time as they become eligible for annexation. If approved, Staff recommends the Applicant be required to give irrevocable consent to annexation to the City of Meridian upon contiguity. An agreement needs to be recorded covering the entire development. The Applicant has also stated their intent to place the requirement for annexation as a non- negotiable term within each lot's property deed. 2. The 1993 Generalized Land Use Map designates a proposed school site in the immediate vicinity of the subject parcel. Staff has been interpreting such designations to act as a trigger that a future school should be located in the general area (one square mile section). Given the existing County residences in the area, the approved 255 single-family homes in Vienna Woods and the over-capacity of the schools that would serve this area, Staff feels there are inadequate educational facilities to meet the additional proposed 138 homes within Edinburgh Place Subdivision. In his March 17, 2000 letter to ACDS, Jim Carberry of the Meridian School District stated that River Valley Elementary School has space available for the anticipated elementary aged children (47 children), but that Lowell Scott Middle School and Eagle High School are "over capacity." If the Council recommends approval, Staff recommends the Applicant be required Edinburgh Place Sub.PP.doc Mayor, Council and P&Z May 2, 2000 Page 4 to meet with the Meridian School District and obtain a letter from the District regarding the potential dedication of land for a future school and/or other potential options to mitigate their over-capacity concern. 3. Vienna Woods Subdivision has requested entering into slate-comers agreement with the City of Meridian, or equivalent, for all off-site costs. If approved, Edinburgh Place Subdivision would be subject to payment of late-comer fees for all lots at the time of Final Plat signature. 4. Provide five-foot-wide sidewalks throughout the subdivision. (It appears only four- foot=wide sidewalks are shown on the plat.) 5. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 6. If the pressurized irrigation system within this development is to remain a private homeowners association system, complete plans and specifications shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, asingle-point connection to the culinary water system shall be required, and the common areas within the development will be a subject to water assessments. 7. Applicant shall be responsible to construct asix-foot-high, permanent perimeter fence along the west property boundary. 8. The Applicant should be required to contribute park impact fees to the City for this subdivision. The application states that a Boise City park is less than one-half mile from the subdivision. However, once annexed into Meridian, the City will also provide park services to residents in this northeast quadrant. Although the City has not yet entered into an area of impact agreement to include these fees within our area, the fact that municipal services are being requested lends credence to the City being able to impose fees that are requested of other properties requesting City services. We ask that, if approved, park impact fees be a condition of approval. At a meeting with Staff on 5-1-00, the Applicant verbally agreed to pay Meridian's park impact fees on a lot-by-lot basis. 9. As an arterial, a minimum landscape setback of 20 feet must be provided beyond a required 48 feet from centerline of McMillan Road the full length of the subdivision boundary. The westernmost common area adjacent to McMillan Road appears to be less than the required 20 feet. 10. The face of the plat shows a calculation of 3.2% total open space within the subdivision. The City has not allowed landscape buffers to be used in the calculation of open space for residential subdivisions, which are to be designed as usable areas. The Tot Lot shown as Lot 4, Block 5 is 16,689 s.f., which is the only usable open space within the subdivision. This area is less than 1% of the total gross area. Since this is a Planned Development, Staff Edinburgh Place Sub.PP.doc Mayor, Council and P&Z May 2, 2000 Page 5 recommends the usable open space area be increased to a minimum of 10% of the gross land area, or four (4) acres (which is City ordinance, 12-6-7.E.5.). One option to consider would be to incorporate additional lots into the Tot Lot area to increase the size and recreation options for this open space at the center of the subdivision, accessible from both Roaring Creek Road and Redwick Road. At a meeting with Staff on 5-1-00, the Applicant verbally agreed to expand the Tot Lot by adding the two lots immediately south of the currently proposed Tot Lot. This would make the total usable open space approximately .75 acre. 11. Staff is in the process of developing a "system development charge" (trunk line fee) for all properties developing within the City of Meridian Urban Services Planning Area. This fee will facilitate future construction of trunk sewer and water lines. This proposed development should be considered a candidate for payment of this fee as it is developed. Preliminary calculations show the fee to be $750/lot (sewer) and $520/lot (water). Profiles were submitted to the Public Works Department on April 26th. Staff has not had time to review these profiles to determine if minimum depth of sewer meets the three-foot standard and minimum slopes. However, the Applicant's representative has verbally advised us that it does. Preliminary indications are that 50 lots can be sewered into the Vienna Woods lift station. If the entire subdivision cannot be served, there is a legal question as to whether the City can approve a partial preliminary plat and not be obligated in some way to provide municipal services. The subdivision design lacks imagination. The City of Meridian already has a proliferation of single family residential lots that are the 8,000 sq. ft. minimum lot size. The design does not lend itself to a diversity of housing types and sizes, as called for in the Meridian Comprehensive Plan. STAFF RECOMMENDATION Based on the conditions and Comprehensive Plan analysis noted herein, staff recommends denial of this rezone and preliminary plat application. However, if City Council chooses to approve this subdivision, the items noted above should be clearly expressed as conditions of approval. If the subdivision is approved, it can only be for the 52 lots as shown on the attached map. Preliminary approval cannot be granted for the entire preliminary plat as submitted to Ada County. 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II I~ i ~ I ~~ ,-, _ I I ~ - 9~ ~ -- - ---- - - - 4 ~Y ~~ r ~,, L+~I ` , fir.... - e~~ , ~! ~ ~~~ _ `~ -,~ _~ ~ ~ °• ~~a as ~ e l ~ I ~~ I ~ ~ a€ MI i' '~~ - t ~ L ~ ~ ~!~ I ~~ 1a . a . ~ I AIM' W02 6:'.N. ;! 91 +AI n;l wf-3C%Yl LLliti\~`=9~-0\=9~%F~91LVY~11(~tZfi61 ;. ~n1~~~93`.'9 MRy-16-2000(TUE) 16:50 MOFFRTT THOMRS 2083855350 Bunderson-Smith, LLC 8645 W. Fraaklia Boise, Idaho 83709 208/ 376-8521 208/ 376-6804 (fax) May 16, 2000 VIA FACSIMILE 1V);ayor Robert Corrie and Meridian City Council 33 East Idaho Meridian, Idaho 83642 RE: Edinburgh Place Dear Mayor and City Council Members: P. 002 ~C~~D MAY 1 6 2000 C11'Y OF MERIDIAN As you know, Ada County has asked Meridian to provide comments on the proposed subdivision known as Edinburgh Place. At your hearing on May 2, 2000 the Council moved to recommend to Ada County denial of the preliminary plat because the existing sewer capacity is not enough to provide service to all 1381ots shown on the preliminary plat. As your engineer stated at the hearing, there is capacity to serve 521ots and, as we stated at the Council hearing, we will not develop more than 521ots until further capacity is developed. Your engineer also reported that once the White Trunk Line is developed (approa-imately one year), capacity in that Line will be available for many years to come. I believe your engineer stated that even if all future development in Meridian were served solely by the White Trunk sine (an unlikely situation), capacity would exist in that Line for eight years. Clearly the City is energetically working toward serving this area in the relatively near future. Accordingly, to recommend approval of our 52-lot preliminary plat (using existing capacity) would be consistent with Meridian's plans to serve this area. Following your hearing, we met with Ada County to determine whether the County would process a preliminary plat showing only 521ots rather than 138. Ada County has told us that it will. Copies of this preliminary plat were provided to your staff at the end of last week. With this preliminary plat, Meridian has the assurance that no more than 52 lots will be developed prior to further sewer capacity being developed. We are respectfully asking the Council to reconsider its decision in this matter based on this new information from the County. We also ask the City to reconsider its decision because we are providing a preliminary plat for review (that is, one showing 52 lots) that clearly meets the spirit and intent of the Council's previous motion. 601 MTt:Z96532.t MAY 16 '00 16 58 2083855350 PAGE. 02 MRy-16-2000(TUE) 16:50 MOFFRTT THOMRS 2083855350 P. 003 Mayor Robert Colnrie and Meridian City Council May 16, 2000 Page 2 We look forward to meeting with the Council at its next hearing on lvl;ay l6, 2000. Very truly yours, CS A~_ ~ ~ cc: Steve Smith Gene Smith JOAnn Butler Bill Nichols 60i MT1-296532,1 MAY 16 '00 16 58 2083855350 PAGE. 03 MRy-16-2000(TUE) 16:50 MOFFRTT THOMRS 2083855350 P. 001 Moffatt ~hornr~s MOFFATT THOMAS BA.RRBTT ROCK e'r FIELDS, CHID. Retum Mailing address: PO Box 829 Boise ID 83701 0829 Return Delivery address: 101 S Capitol Blvd 10th FI Boise ID 83702 3 Pages (including this cover page) Sent: May 16, 2000 TO: Mayor Robert Corrie and Meridian City Council Fax Number: 887-4813 Voice Number: 888-4433 Steve Smith Fax Number: 376-6804 Voice Number: 376-8521 GC: Bill Nichols Fax Number: 288-2501 Voice Number: 288-2499 Fax: 208 385 5350 Voice: 208 345 2000 Direct: 208 385 5404 File No.: 21-736.0 FROM . JoAnn c. Butler Description: Edinburgh Place Comment: Mr. Gunderson requested that I forward to you the attached letter. PLEASE DELIVER IMMEDIATELY The information contained in this facsimile message is attorney privileged and confidential information intended only for the use of the individual or entity named above. If you have received this communication in error, please immediately notify us by telephone to arrange for return of the original document to us. Thank you. BQI MT1'297132.1 f~Q~ MAY 16 '00 16 57 2083855350 PAGE.01 ** TX CONFIRMATION REPORT ** AS OF MAY 16 '00 17 58 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDq STATUS 17 05/16 17 54 PUBLIC WORKS OF--S 00'39" 003 117 OK 18 05/16 1?~55 LEGAL DEPARTMENT EC--S 01'00" 003 117 OK 19 05/16 17 57 2088886854 EC--S 00'50" 083 117 OK PN/7 w LVVV~IYL/ ~V•V~ MW~Iw, uwnn ~u Bunderson-Smith, LLC 8645 W. Fraa]clia Boise, Idaho 83?09 208/3?6-8521 208/3?6-6804 (fax) LWVVVWVV May 16, 2000 YIA FACSIMILE Mayor Robert Cowie and Meridian City Councd 33 East Idaho Meridians, Idaho 83642 RE: Edinbwgh Place Dear Mayor and City Council Members: .~C~~~ MAY 1 6 2000 CITY OF MEBIDIAII~ As you know, Ada County has asked Meridian to provide comments on the proposed subdivision known as Edinburgh Place. At yow hearing on May 2, 2000 the Counal moved to recommend to Ada County denial of the prlclitninary plat because the existing sewer capacity is not enough to provide servioe to all 1381ots shown on the preliminary plat. As your engineer stated at the hearins, there is oapacity to serve 52 Lots and, as we stated at the Council Rearing, we will not develop more than 52 lots until further capacity is developed. Yaw engineer also reported that once the White Trunk Line is developed (approximately one year), capacity in that Line will be a~lable for many years to come. I believe your engineer stated that even if all :Future development in Meridian were served solely by the White Trun}c Line (an unlikely situation), capacity would exist in that Line fox eight years. Clearly the City is energetically working toward serving this azea in the relatively near future. Accordingly, to recommend approval of our 52-lot preliminary plat (using existi~ capacity) would be consistent with Meridian's plans to serve this area. Following yow Rearing, we rnet with Ada County to determirse whether the County would process a preliminary plat showing only 52 lots rather than 138_ Ada County has told us that it will. Copies of this preliminary plat were provided to yow staff at the end of last week. With this preliminary plat, Meridian Ras the assurance that no more than 521ots will be developed prior to further sewer capacity being developed. We are respectfully asking the Council to reconsider its decision in this matter based on this new information from the County, We also ask the City to reconsider its decision because we are providing a preliminary plat for review (that is, one showing 521ots) that clearly meets the spirit and intent of the Counci]'s previous motion. 601 MT7:19653i.1 MAY 16 '00 16 58 2083855350 PAGE, 02 ADA COUNTY EVALUATION SHEET Proposed Development Name Edinburgh Place Subdivision File No. 00-10-PDR Date Reviewed 3/22/00 Preliminary Stage XX Final Engineer/Developer Hubble Engineering The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Ada County Street Name Ordinance. The following streets are existing and the names shall appear on the plat: °W. McMILLAN ROAD" "W. MEADOW CREEK DRIVE" "W. ROARING CREEK STREET" "W. REDWICK DRIVE" and "W. WHITE HAWK STREET". The name "EDINBURGH" sounds like "EDENBURGH" and cannot be used. The subdivision will require seven U new street names. The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE, DESIGNEES Ada County Engineer John Priester Community Planning Assoc. Sue Hansen City of Meridian Cheryl Sable ENTATIVES OR ~e~~ Date 3 Z aD Date Date 3 ~ 2 3 ~ Meridian Fire District Representative ~~ ~~ Date 3 ~ 7" ~ ~ NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed 1111 Sub Index Street Index Section NUMBERING OF LOTS AND BLOCKS ~'~ ~ ~' ~Y~, Q - ~G~~ %~~ ~~~~~~~ ~%~~ ? /U - 2'~ 6~0~~~ ~ TR\SUBS\COUNTY.FRM 3/~~~aa April 17, 2000 Ada County Dev. Svcs MERIDIAN CITY COUNCIL MEETING April 18, 2000 APPLICANT Steve Smith ITEM NO. 9 REQUEST 00-1 OPDR / 00-05 ZC -Preliminary plat for Edinburgh Subdivision - 138 lots on 40.69 acres - 1 /2 mile east of Eagle Road on McMillan Road AGENCY COMMENTS f f CITY CLERK: See pfeVIOUS Item packet ~~.'~~~~- {~`I ~ ~~ CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ~~~~ ADA COUNTY HIGHWAY DISTRICT: y CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: ~~ SETTLERS IRRIGATION: ~" ~~~ IDAHO POWER: US WEST: t` r ~ ~.~ INTERMOUNTAIN GAS: .~ ,~ BUREAU OF RECLAMATION: ~-~~_~,(~ OTHER: Materials presented at public meetings shall become property of the City of Meridian ~ ~ April 14, 2000 Ada County Dev. Svcs MERIDIAN CITY COUNCIL MEETING April 18, 2000 APPLICANT Steve Smith ITEM NO. 9 REQUEST 00-1 OPDR / 00-OS ZC -Preliminary plat for Edinburgh Subdivision - 138 lots on 40.69 acres - 1 /2 mile east of Eagle Road on McMillan Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY see attached comments CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Materials presented at public meetings shall become property of the Cify of Meridian. March 31, 2000 DEPARTMENT REPORT MERIDIAN CITY COUNCIL MEETING April 4, 2000 APPLICANT CITY PLANNER -BRAD HAWKINS-CLARK ITEM NO. 16-B-1-A REQUEST ADA CO. DEVELOPMENT SERVICES APPLICATION: BY STEVE SMITH FOR EDENBURG PLACE SUB OF 138 BUILDABLE LOTS W/REZONE FROM R-T TO R-4 OF 40.69 ACRES AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: DOCUMENTATION PENDING CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Materials presented at public meetings shall become properly of the City of Meridian. FROM :DEVELOPMENT SERVICES 2083642406 1900 04-04 16:10 #898 P. 01 /07 ~ ~ ADA COI:-NTY "' DEVE~,OPMENT SERVICES ~ ~ PHONE: (208) 364.2277 650 MAIN STREET, BOIS)r, IDAHO 83702 ~ FAX: (208) 364-2.406 BUILDING ENGINEERING PLaNNING ZONING DATE : March 1 ~, 2000 TO: Ada County X Assessor _X Huilding Division 3C _ Engineer Long Range P1a~u-ing X Parka Dept./Donna Griffin 7c __.. 0_I.3_ Solid iPaste Ngmt. /Dave Neal x EMs X Pest Extermination X Ada County Sig'hway District Other Agencies x coesPASs X Central DiDtriat Health Hoiae Airport Director Boise Planning ~ Zoning/Riahard Cook Boise Public f/orAs/Ivan HutterlYeld _X Hureau of Reclamation X Boise Project Board of Control X Settlers Irrigation District Drainage District Sower District _x_ Natural Reaonreo Conservation Sete X . Div. o#' Environmental Quality X Dept. of Water Resources Utilities X Idaho Purer X Intermountain Oaa X U.9. West X Unite4 Water Co. ~~ Hoiae Sire Depnrtoent X Meridian 81rc Diotriat Chevron Pipeline Northwost Dipeline Idaho 2ranaportation DistricC X Meridian school District X C1ty of Meridian V.9. Post 0£fice Neighborhood Asan_ X Meridian Cea-etery X_Meridian Library X Mosquito Abatement FROM: Steve Hopkins, Planner II RE: 00-1QPDR/00-OS ZC STEVE SMITH The Ada. County Planning and Zoning Commission will hold a public hearing on Aprd 20, 2000. beginning at G:00 p.m. in the Les Bois Roonl of Boise City Hall, 150 North Capitol Blvd, Boise, ID, on the following application: 0a1QPDR/04.OS-ZC STEVE SMITH: A Planned Residential Development consisting of 138 buildable lots, 8 common lots and a zone change fiom RT (Rural Trsnsition) to R4 (Low Density Residential). The property contains 4U_69 acres and is locsted on the north side of McMillan Road, approximately ,5 miles west of Eagle Road, Meridian, ID; Section 29, T. 4N., R lE. Ada County welcomes say comments you may have on this application. Please submit your comments on agency letterhead, by April 5, 2000. Make specific reference to the file number noted above. If you do not respond, Ada. County shall consider you as having no comments on this application. ATTACHMENTS: 1. Land Use Application 2• Applicant's Statement 3. Site Plan 4. Vzcinity Map APR 04 '00 17:18 2083642406 Por,~ r~, FROM :DEVELOPMENT SERVICES 2083642406 1900 04-04 ,..J„ ~ ~f 6S0 MainStreet ADA COUNTY DEVELOPMENTSERVICES Bois, ro s3~oz SUBDIVISION or c~8> ~-~ PY.ANNED DEVELOPMENT wi#h land division 16:10 ii898 P. 02/07 SUBMITTALS ,.,... -9 ~°a ,- This application is not complete without all the listed submittals. Incomplete applications will not be accepted. For detailed instructions, please see the handout entitled, "GUIDE TO COtilPLET1NG APPLIC.q,TIONS". 1. ~ Detailed letter by applicant explaining the planned development application 2 (~ Prelimilnary plat Include 1 full size and 1 reduced to 8'/z" x 11". 3• ®Nai~al featnr~es gyp. Include 1 Lull size and 1 reduced to 8 ~/z" x 1:1". ~. p warranty aeca. $• [~ Zoning map andAerial photo of the site. Available from APA mapping, located on the 2^d floor of the County Building, 6. (~ Parcel map. Available from the Assessor s office on the ~~h floor of the County Building. ® Grvand water etndy (bevel I or In, if the site is within the Southwest Planning Area. Submit S mpies. Article 8-8C 8- ®Pre]iminary grading planif the site is within a hillside area. Article 8~E of the Ada County Code. 9• ®Floodp]ain appliacatian if the site is 'within a flood hazard area, Article 8-8B of the Ada County Code. 10. (~ Me6ee and bounds lefgal description of property to be subdivided. 11. ®Ne3girbavhood meett~ cesGtficattan. 12 ~( Letter from Idalw Department of Fitch and Game stating impact of development on wildlife. Section 8-10-5-1(f), 13. ®ReeWcttve covenants, if proposed. 14. ® Subdivision some approval from the County Engineer, 15. ® Proper fen All fees over $400 must be cashier's check, money order, or cash. Addiiional;r~bnriitalslbr Cnnr~nerctal orladustriaj devPlopm~ris re~q~ured LJ Chapter 8 9 and Section 8-I.i-,i3 of U~r Adn Cpunhj Cady 16. The following requirements may be submitted individually or shown on the site plan ^ Landscape plan. ^ Farldag and Citcalabloa plan. ^~lp~ RECEIVED ^ Siign P~ Non Faun Dez+eloym~nr~, rmt>t,vjo inelitde thcfo/turning.- F E B 2 2 2000 17. ^ Non'pasm snppleatent: This supplement must be completely filled out, A.DA COZINTY 18. ^ Lettei from the appropriate fire district stating ttte property is within a &re protection district ~l:tJELOPNFGNT SERVICES 19. ^ Management plan for the open space. Section 8~B-7(~ of the Ada County Code. When additional copies aze required, the applicant will be notified on the Wednesday following the submittal date. THE DEADLl1VE FOR SUBMISSION I;S 11:OOAM ON THE CUTOFF DATE SITE INFORMATION Location: Quaxter: SW Section: 29 Township: 4nt Range: 1_ E Toral Acres: 40 , 69 Site Address: 1l/A Zoning- RT Area of City vrtpact-. Meridian Urbaxt Sexvice Planning Area: Me r i d i a n TaxPaicelNtrmber(s): 5059346600 - 5059346700 -5059346800 - 5059347000 ReservedSubclivisionName: Edinburgh Place Subdivision All s~bdivibion names must be approved by the county Engineer prior to submission of the prelia»nary plat OFFICE USE QNLY Date: Z Fi]eNo.:Qp_~~~ 0~ Fes,. Zo Received Hy: '^ Frog, Sh~aet./ GIs X-Ret SS A7-o~ C~ 1-og: History Map: /' Airport --~ Stamped: Flood Zone: --- Pipeline/Gn?enway:-.-. P&Z: Wildland: -- ~ ~ Southwest ~--- r~wie~ed 2/4/00 page 1 SUBDIV-1 DOC APR 04 '00 17:18 FROM :DEVELOPMENT SERVICES 2083642406 1900 04-04 16:10 #898 P.03/07 /"~ r• .GENERAL INFORMATION V `; ~vaterSupplY(Providewatercompanynarne;fapplicable): City Of Meridian Sewage (method of disposal): City of Meridian Eire Protection District.: Meri di an ~ Fi re Department Srrigation District: Settlers School District: Ol-VNER Name: Gunderson -Smith LLP Address: 8645 W. Franklin Road City: Boise State: TD Zip: 83709 Telephone: ___376-8621 Fax: _376-6804 ' I consent to the submission of this application ~ Z~l8-oe Signature: (Owner) Date AGENT Contact name: Shawn L. Nickel Company:}luhhlp FngjnP, Prin~~ Tnr Address: 9550 Bethel Ct. City: Boise State: Id Zip:83709 Telephone: 322-8992 Fa,,~:378-0329 RECEIVED FE B 2 2 2000 noa couNTY SPECIFIC USE INFORMATION DEVcLOPMENTSERV~rEs List the proposed use, square feet of proposed use, zoning grid number of lots within each zone. 146 Lot (138 Buildable) Single-Family dwelling Subdivision and Zone change from RT to R4 Will this project be phased? If yes, provide details. Are you requesting zero lot line setbacks? No If you are requesting any reduced lot sites, homage, or setbacks, lis t the lots. Reduced frontages on the following lots- Lots 4 & 5 Block 1~ Lot 4, Block 3, and Lot 9 !~ .. Block 8 Lot anallsis: Total Number of Lots: 138 Bui ldabl e SmallestLot:_8,000 sq ft LargestLot~9 404 s~q ft APPLICANT Name: `Steve Smith Address: 8645 W. Franklin Rd Ciry: Boise State:ID Zip: 83709 Telephone: 376-8521 Fax: I hereby certify that information on this form is correct to the best of uiy knowledge_ Z-/g-oo Signature: (Applicant) Date The reverse side contairu a checklist ror inFormt~cor, re:1used on the PreIimi.Iktir. ~=la a:;d ~_ ~;a'_urai Eeaiar~~s mao. :rv~ Density (total area/~ofIots) 3.4 du/acre APR 04 '00 17:18 FROM :DEVELOPMENT SERVICES 2083642406 1900 04-04 16:11 #898 P.04/07 ADA COUNTY DEVELOPMENT APPLICATION LEGEND RR Zoning ~~~~'+ Incorporeted Areas ,.~ Water ~~ Fest Ada County Development Services 650 Main Street Boise, Idaho 80702 208-364-2277 7TMe mep b meow tram t~ eopyriyfceu C! AOe County. AAe Courrpr eRex notloe tlewe ror Inoocveciss a misuao or tM1ty map, Mapv OearY18 my maclomar may ~ ~bP~ fieoly. MorYeuer, tso Yl ]r'r Oiel01 TOI1/1 ragi:/ea Ue w~rxten permiaelan d Ade Cownp N WE S APR 04 '00 17:19 2083642406 Por.G rnn I FILE NO. 00-10-PDR/00-05-ZC FROM :DEVELOPMENT SERVICES ~~~ ~~ ~~~ ~~ Q~ h ~~~ ~~~ ~~~ ~- C G7 2 r a C~ m C W _~ _~ O z m L z s r a -~ A 2083642406 i t~ ~6,,~~=if~ ~ e° i=fib ~~a ~~~ ~g ~~ 9n 1~ ~~ 1 ~' B~§~ ~a5 ~ Epp (~~~~1~ ~~1~~'6~ F~ ~ A' ~ ~1~~ ~ ~~~~~~ Es ~~ ~~~p~ 1~ ~ ~'~ i~ ~ a;~a ~~ ~o. a 1~ ~~ ~6~ s~ 8 ~~ a~i i ~_ ~~ 6~: 6d ~ °s ; E ~ ~~ ~ ~ ~ ~~ ~ '~ 8 1900 04-04 16:11 ii898 P.05/07 ,.+t ___....... ~tltl~/ ' 1f ,~ ~~~ ~I i I II I ~ yy B~ e ~ , ~~ ~ rat, ._~ ~ ~~ ~ IA ~~d~~~$E ~ 2e:EQ ~ ~ ~e$11 liq; $ r o ~~ T~i~ ~I D 86 ~ t f APR 04 '00 1?~20 2083642406 par, a~ FROM :DEVELOPMENT SERVICES 2083642406 1900,04-04 16:12 it898 P.06/07 ,~ .~ •~~,~vvEFq~' Q ~ RUBBLE ENGINEERING, INC. ~~o 9550 Bethel Court ^ Boise, Idaho 83709 2081322-8992 . Fax 208/378-0329 A., ebruary 25, 2000 Board of Ada County Commissioners 6501V1ain Street Boise, Idaho 83702 RE: Edinburgh Place Subdivision and Zone Change-Letter of Intent Dear Commissioners; As representative for Bunderson-Smith,. LLP, please accept this application for Edinburgh Place Subdivision, located on the north side of McMillan Road, west of Eagle Road, Boise, Idaho, Section 29, Township 4 l~Torth, Range 1 East of the Boise-Meridian. Edinburgh Place includes 40.69 acres and has been designed with 138 single-family dwelling lots and includes a request for zone change from RT (Rural Transition) to R4 (Low Density Residential). A density of 3.4 dwelling units per acre is proposed. The enclosed applications for a planned residential development and zone change have been submitted in accordance with the requirements of theA,da County Zoning Ordinance and Subdivision Ordinances. The proposed density is in compliance with the Meridian City Comprehensive Plan. The 138 residential lots within this subdivision range in size from 8,000 to 19,404 square feat, with 8,000 being the minimum lot size allowed in the R4 zone. Each lot will meet the design and dimensional standards of the Ada County Code with the exception of Lots 4 and 5, Block I; Lot 4, Block 3, and Lot 9, Block 8, which we are requesting reduced frontages from 60 feet to a minimum of 40 feet. In addition, we are requesting a reduction in the rear yard setback requirement for Lot 3, Block 3. This lot will contain the existing dwelling that is to remain on the site. Due to the required right-of--way that ACfID is requiring for McMillan Road, it is impossible to maintain the necessary setback to the existing structure. Both of these requested modificatioru are allowed through the planned development process. All streets will be public and constn.Icted to Ada County ~Iighway Y7istrict standards. Public services will be provided to this subdivision. Sewer service will be through the proposed lift station in Vienna Woods Subdivision to the north. This lift station r~vill be utilized for service to the City of Meridian. The development has been designed with 1.31 acres of open space, including landscaping along McMillan Road and the collector streets into the subdivision, and atot-lot and connecting pedestrian pathways. A newly completed city park is located '/a mile to the east of the development to provide additional recreational open space for the residents. APR 04 '00 1?~20 2053642406 PAGE. 06 FROM DEVELOPMENT SERVICES 2093642406 1900 04-04 16=12 #898 P. 07/07 ~~• t~ In all, we feel that Edinburgh Place Subdivision will be a quality addition to the west Boise area. We believe a zone change to R4 will benefit the public interest by allowing for more diversity in housing types while allowing for the continued improvement and expansion of city services to this area of the County. The proposed zoning and subdivision are compatible with the existing residential land uses in the area. We look forward to working with you and your staff and request approval of this project. If you have any questions, please do not hesitate to contact me at 322-8992. Sincerely, Shawn L_ Nickel, Director of Planning Representing Lone Star Development, LLC. 2 APR 04 '00 17 20 2053642406 PAGE.07 -~ ~ The Idaho amity of Meridian Statesman ~-PR 2 0 2000 P.O. BOX 40, BOISE, IDAHO 83707-0040 °2 s ~+n'' fi ?'f~~ ~`ro ' - ~ ~ nt Due w LEGAL ADVERTISING INVOICE j $59.16 ~n 064514 228990 ;SMITH, STEVE NT APRIL 10, 17, 2000 Estimated Inches Real Inches CITY OF MERIDIAN 39 LINES _ 33 E. IDAHO AV E # Affidavits Legal Number MERIDIAN, ID 83642-2631 _ 1 _~ 6876 LEGAL NOTICE NOTICE OF APPLICATION NOTICE IS HEREBY GIVEN, pursuant JANICE HILDRETH ,being duly to the Ordinances of the City of Meridian and the laws of the State of Idaho, that sworn, deposes and says: That she is the Principal Clerk of The Steve Smith has filed with the Zoning Administrator of the City of Meridian an Idaho Statesman, a daily newspaper printed and published at Boise, application for an Accessory Use Permit for the operation of an air conditioning and Ada County, State of Idaho, and having a general circulation therein heating business (office/storage) out of his home at 2240 N.W. 15th Street, Meridi- and which said newspaper has been continuously and uninterruptedly ~ an, Idaho. Comments, either for or ublished in said Count Burin a eriod of twelve consecutive against, said application must be filed p y g p with the zoning Adminisrrator within fif- months prior to the first publication Of the notice a copy of which is teen (15) days affer the initial publication ~ of this notice and shall be addressed to attached hereto; that said notice was published in The Idaho Shari Stiles, Zoning Administrator, City of Meridian, 200 East Carlton, suite n2o1, Statesman in conformity with Section 60-108, Idaho Code as Meridian, Idaho. If there are objections filed within the time allowed, the Planning amended, for TWO and Zoning Commission shall hold apub- - -- lic hearing on the application, after proper 0 consecutive weekly ^ single notice, and may grant or deny the appli- cation affer making and adopting Find- ^ consecutive daily ^ Odd skip ings of Fact and Conclusions of Law. The property at 2240 N.W. 15th Street is insertion(s) beginning with the issue of Block 4,~~ofl elmended~bp atashowin9 APRIL 10 , 2000 Meadow View Subdivision, Meridian, Ada county, Idaho. and ending with the issue of Anv and all interested persons are wel- APRIL 17 2000 come and invited To submit comments. Dated this 5th day of April, 2000. SHARI STILES, ZONING ADMINIS- TRATOR Pub. APr. 70,17, 2000 6876 ' STATE OF IDAHO ) ss. COUNTY OF ADA On this 17TH day of APRIL in the year of 2000 ,before me, a Notary Public, personally appeared ~~;,~~ JANICE HILDRETH known or identified pEit'Q® , ~"°kN, to me to be the person whose name subscribed to the within instrument, ~ ~,+•''•••'••. ` and being by me first duly sworn, declared that the statements therein f J r ~ ~ ;~ ~ ~ are true, and acknowledged to me that she executed the same. ~ ~y. s ~tp~• •, * r=° j • s Not ublic for Idaho ~ ti• •, •• •~ •••••• ~ AAa • ~ Residing at: Boise, Idaho •••.•~, 'y1,I~ wi.•'' ~INSra>w My commission expires: /~~13 ~®d~ _~ 7 e Ir .~ ~ ~~1 Vi.,_~ 0 c~ C? ~~ y~ gg $ ~ S ~ ; F ~ ~a~ ~ ~e =-=-_ ~ ,~ ..; e .~; r ~6 ~ >~ /p ,~g~ ^8il6&40i Ef J~ s f "aik v. 81 EI#l9 ii3f RV ~1W18!ffi} T gg C Kt ~X w~ ~$ $ Y ~ ~ ~~ ~ ~ ~ '~ i a a~ ~~~ e ~ ~~ ~ ; ~ ~ ~ ~4 ~ ~~ gg~ ~E~ YS- ff' R #CF~ Y a ~~ F I i 4 ~~ ~ { ~i~ l• •~ ~ i ;°~ ~ ~ i 5 ~ i ';i^'.,. ~ G ~ ~ MAYOR HUB OF TREASURE VALLEY Robert D. Corrie A Good Place to Live LEGAL DEPARTMENT CITY OF MERIDIA `208' 288-24 • Fax 288-2501 CITY COUNCIL MEMBE N RS PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 887-2211 'Fax 887-1297 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT J ~ ~ ~~ (208) 884-5533 • Fax 888-6854 ~~.~~ -~ MEMORANDUM: May 2, 2000 To: Mayor and City Council ,,~ ~, ~ ,~ From: Gary Smith, City Engineer ~~~ ; ~ ~ J ,~ Shan Stiles, P&Z Administrator ~~3 ,~ Brad Hawkins-Clark, Planner ~B~- Re: Request for a Preliminary Plat (Planned Residential Development) for Edinburgh Place Subdivision in Ada County - 138 Single-family Dwelling Lots on 40.69 Acres - by Bunderson-Smith, LLP APPLICATION SUMMARY The subject application proposes to develop 40.69 acres consisting of 138 single family buildable lots and eight (8) common lots at a density of 3.4 dwelling units per acre. The Applicant, Steve Smith, is requesting a rezone from RT (Rural Transitional) to R4 (Low Density Residential) and a Planned Residential Development. It is located on the north side of McMillan Road approximately one-half mile between Locust Grove and Eagle Road/SH 55. The proposed subdivision is situated in the northeast portion of Meridian's Area of Impact within Ada County's zoning jurisdiction immediately south of the recently approved Vienna Woods Subdivision. BACKGROUND & GENERAL COMMENTS At your April 4, 2000 meeting, the Council requested Staff to prepare detailed comments on the subject application. On April 7, 2000, a letter was sent to the Ada County Commission requesting they defer action on this project until official comments could be prepared by the City. You requested more time be spent analyzing the plat as well as the impact of City services being extended beyond the City limits. The application was originally set for a public hearing on April 20, 2000 before the Ada County Planning & Zoning Commission but is being recommended by Ada County Development Services staff to be tabled to the May 11, 2000 meeting. As part of the City's negotiations with Ada County over the Meridian Area of Impact in 1997, the City Council agreed to provide services to the 80 acre, Vienna Woods parcel. A lift station is currently being constructed in the southwest corner of Vienna Woods and connected to a pressure sewer line in Locust Grove Road which runs approximately one mile south to connect to the City's existing 8" sewer line at the Charter High School. The Applicant for Edinburgh Edinburgh Place Sub.PP Mayor, Council and P&Z May 2, 2000 Page 2 Place proposes to connect to the sewer luxe and lift station serving Vienna Woods. Water service would need to be extended to the east down McMillan Road from Locust Grove Road to the subdivision's east boundary. The primary issue before Council on this application is whether or not urban services should be provided beyond existing city .limits to serve the subject property. Staff feels it is important to point out that no commitment was ever made by the City of Meridian to the Ada County Commission during the 1997 Area of Impact negotiations to serve any property in this northeast service area other than the 80 acres of Vienna Woods Subdivision. We do not feel Vienna Woods should beviewed as aprecedent-setting case in terms of providing City services outside the City limits. The City fulfilled its commitment to serve Vienna Woods and is under no legal or binding obligation to serve additional properties beyond Vienna Woods. Regardless of the ultimate build-out timeframe and Final Plat application submittals for the Vienna Woods phases, the City must reserve sufficient capacity to serve all 80 acres. The following policies from the 1993. Comprehensive Plan support Staff's recommendation to deny the plat at this time and to not approve development beyond the City limits. These policies are cited for your consideration in making a decision: • "New growth should fmance public service expansion" (pg. 1, Forewazd). • "The Meridian Urban Service Planning Area is the geographic area where municipal services and utilities are available or planned for, including municipal central sewer and water facilities" (pg. 3, Forewazd). • Goal 2 of the City's ten community planning goals is "To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development, the provision of services and the distribution of new housing units within the USPA" (pg. 5, Forewazd). • Goa19 of the City's ten community planning goals is "To encourage a balance of land use patterns to insure that revenues pay for services" (pg. 5, Forewazd}. • "Although it is recognized that urbanized development does exist within the rural areas of the Area of City Impact, the rural lands should be kept in agricultural production as long as possible until urban services (municipal sewer and water facilities and other essential services) can be provided" (Policy 6.3, pg. 29, Land Use Chapter). • "Within the USPA one single-family residential house may be placed on a 5- or 10- acre tract provided dry line sewer and water lines are installed and constructed..." (Policy 6.3.b., pg. 29, Land Use Chapter). • "Residential development is allowed in the rural azeas provided that said development does not exceed the Rural Residential Agricultural density, unless it is inside the USPA and City sewer and water is provided, when Low, Medium and High density residential may be considered. All residential development must also comply with the other appropriate sections of this plan" (Policy 6.4, pg. 30, Land Use Chapter). • "Residential developments shall be phased in accordance with their connection to the municipal sewer system" (Policy 1.7, pg. 67, Housing Chapter). Edmbur~ Placc Sub.PP.doc Mayor, Council and P&Z May 2, 2000 Page 3 Stars opinion is that the current zoning for the subject property, which is Rural Transition (RT), is the most appropriate given the provisions of the Comprehensive Plan. Section 8-4C-1 of the Ada County Code describes the purpose of the RT zone as follows: "The .purpose of this Article is to identify lands lying within the Area of City Impact on the Ada County Comprehensive Plan Map that aze not zoned residential, commercial or industrial. Such lands are presently not served by urban services and urban growth should be discouraged until urban services aze extended. At such time, it is appropriate to rezone RT lands to applicable urban zoning classifications and to permit development that is in accordance with the applicable City Comprehensive Plan. Until such time, appropriate use of these lands includes agricultural uses and residential development of a rural character." Both Meridian's Plan and the Ada County Code recognize the need for orderly urban growth in relationship to the providence ,of urban services, including, most importantly sewer and water. This parcel should remain RT and not be rezoned at this time. RECOMMENDED CONDITIONS Should the Council choose to recommend approval of the subject rezone and plat to Ada County, Staff recommends the following conditions be placed on this application: ~ ~ 1. A condition of approval placed by the City on the Vienna Woods Subdivision was they submit an application for Annexation to the City of Meridian, which Skyline Development Company did on September 10, 1998. Since the property is not contiguous, the City did not formally process the application and has been holding both the application and fee until such time as they become eligible for annexation. If approved, Staff recommends the Applicant be required to give irrevocable consent to annexation to the City of Meridian upon contiguity. An agreement needs to be recorded covering the entire development. The Applicant has also stated their intent to place the requirement for annexation as a non- negotiable term within each lot's property deed. M~~ w`,~ 2. The 1993 Generalized Land Use Map designates a proposed school site in the immediate ~ ,M CN b~~ ~. vicinity of the subject pazcel. Staff has been interpreting such designations to act as a trigger ~ s\~;`~, : pk.~ that a future school should be located in the general azea (one square mile section). Given ~~~ ~~~, the existing County residences in the area, the approved 255 single-family homes in Vienna ~~\ a Woods and the over-capacity of the schools that would serve this area, Staff feels there are inadequate educational facilities to meet the additional proposed 138 homes within ~ `~'O', ~'4e' Edinburgh Place Subdivision. ~ , a~.cl- .,..;11 S wd \ efi1~~ In his March 17, 2000 letter to ACDS, Jim Carberry of the Meridian School District stated ,,,;~1, (,,,~1 that River Valley Elementary School has space available for the anticipated elementary aged tl ~,\. children (47 children), but that Lowell Scott Middle School and Eagle High School are "over capacity." If the Council recommends approval, Staff recommends the Applicant be required Edinbwgh Place Sub.PP.dce Mayor, Council and P&Z May 2, 2000 Page 4 to meet with the Meridian School District and obtain a letter from the District regazding the potential dedication of land for a future school and/or other potential options to mitigate their over-capacity concern. ~~ 3. Vienna Woods Subdivision hasrequested entering into alate-comers agreement with the City of Meridian, or equivalent,. for' all off-site costs. If approved, Edinburgh Place Subdivision would be subject-:to payment oflate-comer fees for all lots at the time of Final Plat signature. ~~. 4. Provide five-foot-wide sidewalks throughout the subdivision. (It appears only four- " foot=wide sidewalks are shown on the plat.) C'~~-- 5. Coordinate fire hydrant placement with the City of Iv~eridian Public Works Department. Q k-- 6. If the pressurized irrigation system within this development is to remain a private homeowners association system, complete plans and specifications shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual 'must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, asingle-point connection to the culinary water system shall be required, and the common areas within the development will be a subject to water assessments. ~ ~-- 7. Applicant shall be responsible to construct asix-foot-high, permanent perimeter fence along the west property boundazy. U1~ 8. The Applicant should be required to contribute pazk impact fees to the City for this n ~`,~ «,,,r} subdivision. The application states that a Boise City.pazk is less than one-half mile from the ~~~ subdivision. However, once annexed into Meridian, the City will also provide park services vu\u~ a`to residents in this northeast quadrant. Although the City has not yet entered into an area of impact agreement to include these fees within our area, the fact that municipal services are ~ ~`~~ ~} being requested lends credence to the City being able to impose fees that are requested of ~<,ck- ~~~^~ other properties requesting City services. a ask that, if approved, park impact fees be a ~c.~.~• condition of approval. At a meeting with Sta on 5-1-00, the App scant verbally agree to pay Men ian s pater unpact fees on a lot-by-lot basis. O ~;., 9. As an arterial, a minimum landscape setback of 20 feet must be provided beyond a required 48 feet from centerline of McMillan Road the full length of the subdivision boundary. The westernmost common area adjacent to McMillan Road appeazs to be less than the required 20 feet. N o ~ 10. The face of the plat shows a calculation of 3.2% total open space within the subdivision. The u. P oD. City has not allowed landscape buffers to be used in the calculation of open space for residential subdivisions, which are to be designed as usable areas. The Tot Lot shown as Lot 4, Block 5 is 16,689 s.f., which is the only usable open space within the subdivision. This area is less than 1% of the total gross azea. Since this is a Planned Development, Staff Edinburgh Plan Sub.PP.doc Mayor, Council and P&Z May 2, 2000 Page 5 recommends the usable open space area be increased to a minimum of 10% of the gross land area, or four (4) acres (which is City ordinance, 12-6-7.E.5.). One option to consider would be to incorporate additional lots into the Tot Lot area to increase the size and recreation options for this open space at.the center of the subdivision, accessible from both Roaring Creek Road and Redwick Road. At a meeting with Stan' on 5-1-00, the Applicant verbally agreed to expand the Tot .Lot by adding the two lots immediately south of the currently proposed Tot Lot.. This would make the total usable open space approximately .75 acre. ~.1` o~ 11. Staff is in the process of developing a "system development charge" (trunk line fee) for all ~~~~ e~~r properties developing within the City of Meridian Urban Services Planning Area. This fee c,_Ss essn~~' will facilitate future considered a candt id to for payment of this fee as it developed. ~ f~,;,~~.~ development should be co ut~ ~S ~ ~~ Preliminary calculations show the fee to be $750/lot (sewer) and $520/lot (water). ~~ ~~a Profiles were submitted to the Public Works Department on Apri126th. Staff has not had time to review these profiles to determine if minimum depth of sewer meets the three-foot standard and minimum slopes. However, the Applicant's representative has verbally advised us that it does. Preliminary indications are that 50 lots can be sewered into the Vienna Woods lift station. If the entire subdivision cannot be served, there is a legal question as to whether the City can approve a partial preliminary plat and not be obligated in some way to provide municipal services. The subdivision design lacks imagination. The City of Meridian already has a proliferation of single family residential lots that are the 8,000 sq. ft. minimum lot size. The design does not lend itself to a diversity of housing types and sizes, as called for in the Meridian Comprehensive Plan. STAFF RECOMMENDATION Based on the conditions and Comprehensive Plan analysis noted herein, staff recommends denial of this rezone and preliminary plat application. However, if City Council chooses to approve this subdivision, the items noted above should be clearly expressed as conditions of approval. If the subdivision is approved, it can only be for the 52 lots as shown on the attached map. Preliminary approval cannot be granted for the entire preliminary plat as submitted to Ada County. Edinburgh P1ece Sub-PP.doc