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HomeMy WebLinkAboutSpurwing Subdivision AZ PP VAR CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER I, ID, \HO \;.. ~'" "~~ ~~..I!"'''''''~_Yc, - 'I,; \. t> J r/ -:. .; ';A In the Matter of Annexation and Zoning (AZ) of 20.65 acres from RR (Ada County) to R-4 (Medium Low-Density Residential) and R-8 (Medium Density Residential) zone; Preliminary Plat (PP) approval for 65 single family residential lots and 5 common lots on 20.51 acres; and Variance (V AR) approval to exceed the maximum block face length allowed in a residential district, by Spurwing Limited Partnership. Case No(s). AZ-06-043, PP-06-045, & V AR-06-020 For the City Council Hearing Dates of: December 12, 2006, January 9, 2007, and February 6, 2007 (Findings approved on February 20, 2007) A. Findings of Fact I. Hearing Facts (see attached Staff Report for the hearing date of February 6,2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 6,2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 6,2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 6,2007, incorporated by reference) B. Conclusions of Law I. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. g67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title II Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-043, PP-06-045, & v AR-06-020 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code S 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, Landscape Plan, and the Conditions of Approval all in the attached Staff Report for the hearing date of February 6, 2007 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code S 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The Council approved the annexation request with a split zoning of R-4 for the lots with detached units and R-8 for the lots with attached units, per the Legal Description in Exhibit C and as shown on the Preliminary Plat in Exhibit A of the attached Staff Report, for the hearing date February 6,2007, incorporated by reference; and 2. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat, dated January 9,2007, is hereby conditionally approved; 3. The Council approved the applicant's request for a Variance to exceed the maximum block face length allowed in a residential district; and 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of February 6,2007, incorporated by reference. D. Notice of Applicable Time Limits Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-043, PP-06-045, & v AR-06-020 within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B- 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code 9 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of February 6,2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-043, PP-06-045, & V AR-06-020 By action of the City Council at its regular meeting held on the ,2007. day of COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD (TIE BREAKER) VOTED Mayor Tammy de Weerd Attest: William G. Berg, Jr., City Clerk Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney. By: City Clerk Dated: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-043, PP-06-045, & v AR-06-020 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6,2007 TO: FROM: Hearing Date: February 6, 2007 (Continued from December 12,2006 and January 9, 2007) Mayor & City Council Sonya Watters, Associate City Planner Mike Cole, Development Services Coordinator 208-884-5533 cU'eridi~ \ .!lMliO \~ .>, I' ~~ .~,./ -'1<'l.r-1!.L~~c ' r{;\' STAFF REPORT SUBJECT: Spurwing Patio Homes Subdivision AZ-06-043 Annexation and Zoning of20.65 acres from RR (Ada County) to R-4 (Medium Low-Densitv Residential} and R-8 (Medium Density Residential) . PP-06~045 Preliminary Plat ofn 6S single.family residential building lots consistinl! of 30 attached units and 35 detached units and ~ ~ common lots on 20.51 acres in a proposed R-8 zone. V AR-06-020 Variance from UDC 11-6C-3F to exceed the maximum block face length allowed in a residential district. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Spurwing Limited Partnership, is requesting concurrent approval for Annexation and Zoning (AZ) of 20.65 acres of land to R.8 (Medium Density Residential), currently zoned RR in Ada County; Preliminary Plat (PP) approval of 73 single-family residential building lots consisting of 46 attached patio homes and 27 detached homes, and 6 common lots; and a Variance (VAR) from UDC 1l.6C-3F to exceed the maximum block face length allowed in a residential district. The site is located just north of Chinden Boulevard and northeast of the Ten Milt; RoadlChinden Boulevard intersection. Currently, the site consists of vacant land some of which is improved for the golf course. The site is composed of one tax parcel and is currently platted as Lot 3, Block I, of Spurwing Subdivision. This site also includes a portion of Lots 2 & 4, Block 1, of Spurwing Subdivision. A Property Boundary Adjustment application that matches the configuration of the property as shown on the proposed plat is currently in process at Ada County and will be required to be completed prior to annexation ordinance approval by City Council. The subject property is within the Urban Service Planning Area, but is outside of the City's current Area ofImpact. 2. SUMMARY RECOMMENDATION The subject applications (AZ, PP, V AR) were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis for the requested Annexation and Zoning, Preliminary Plat, and Variance applications. Due to the annexation path of this property, the proposed plat layout, and zoning requested, Staff is recommending denial of the proposed Spurwing Patio Homes Subdivision (AZ-06-043, PPM06-045, V AR-06~020) for the reasons listed in the Analysis of the Staff Report. Note: The Commission is not required to make a recommendation to City Council on the Variance application. Spurwing Patio Homes Subdivision AZ-06-043/PP-06-045N AR-06-020 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007 At the Planning & Zoning Commission meeting on October 19, 2006, the Commission recommended that this project be continued until November 2, 2006 in order for Staff to prepare Findings and Conditions of Approval. The original staff report did not contain Conditions of Approval since Staff was recommending denial of the project. Staff has now included Conditions of approval in Exhibit A and revised Findings in Exhibit C. Prior to the November 2nd meeting, the applicant submitted a revised preliminary plat, dated November 9, 2006, and requested that the hearing be continued until November 16, 2006. The Meridian Plannine and Zonine Commission heard these items on October 19. 2006. November 2. 2006. and November 16.2006. At the public heanne on November 16. 2006 they moved to recommend denial. a. Summary of Commission Public Hearines: i. In favor: Becky McKay. Enl!:ineerine Solutions (applicant/owner's representative): Jock Hewitt. Spurwine Limited Partnership (applicant/owner): Tina Rice: Myron Tucker: and Ed Davis (read letter written by Donna Larsen. General Manaeer Spurwine Country Club. on behalf of Spurwine CountrY Club) ii. In opposition: Ron Ashley. Ginna Enele (also speakine for other homeowners in Spurwine Subdivision). Byron Brown (also speakine for Beverly Brown). JOY Compton. Bob Trerise. Grant Peterson. and Andrea Nist. Fifteen other DeoDle siened their names on the sien-in sheet Drovided at the meetine in opposition to the project but did not sDeak durine the hearinf! (see sien-in sheet from November 16.2006 meetine) ill. Commentine: None iv. Staffpresentine application: Sonya Watters v. Other staff commentinl! on application: Caleb Hood b. Key Issues of Discussion bv Commission: i. Proposed lot sizes/transition from existine 1-acre lots alone the north boundary: ii. Proposed density: ill. Increased traffic/access onto Chinden Boulevard: iv. Resident opposition to proiect c. Key Commission Chanees to Staff Recommendation: i. Commission voted to recommend denial of the proiect. d. Outstandine Issue(s) for City Council: i. The Plannine & Zonine Commission is recommendinl! denial of the proiect. Because the Commission's recommendation is for denial. no conditions are included in this report. ii. Applicant has submitted a revised plat. dated November 22.2006 (see paraeraph below). Since the Commission meetine on November 16th, the aDDlicant has submitted a revised preliminary plat, dated 11-22-06. which addresses some of the concerns that the Commission and neiehbors had. The primary chanf!es to the plan are as follows: 1) Total lot count has been reduced bv 2 buildinf! lots to 69 buildinf! lots: 2) The buildinf! lots alone the northern boundary have increased in size Drovidine more of a transition in lot sizes to the existinf! I-acre lots to the north: Spurwing Patio Homes Subdivision AZ-06-043/PP.06-045N AR-06-020 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007 3) The ODen SDace alom! the northern boundarv. west of the common area between Lots 42 & 44. has been removed. Visibilitv of the common areas located behind the buildinr! lots was noted as a concern bv the Police Deoartment. 4) Some of the auached units ori!!inallv shown alon!! the north boundarv have been relocated to the west boundarv. Staff has reviewed the revised olat and all lots meet the dimensional standards of the DroDosed R-8 zone. However. Staff has not uDdated the staff reDort below to reflect the revised Dlat. as the Commission reviewed and made a decision on the Drevious version. The Police DeDartment has not commented on the revised DiaL The Commission also has not reviewed or commented on the revised DiaL The Meridian City Council heard these items on December 1th. 2006. At the nuhlic hearinl! thev aDDroved the subiect AZ aDnlication with a sDlit zoninp ofR-4 aDd R-8. Also durinp the Decemher 12th hearinl!. the Council reouested that the lots alonl! the north houndarv have a minimum lot size of 10.000 souare feet. and further reouested that Staff uDdate the staff renort and oreoare findinl!s and conditions of aooroval for the PP and V AR annlications. to be considered on Januarv 9th. 2007. At the Januarv 9th hearinl!. the attornev reDresentinl! individuals in onnosition to this develoDment. .JoAnn Butler. submitted a letter (dated Januarv 9th. 2007) reouestinl! that the Council reconsider their decision to annex the subiect DroDertv. The Councill!ranted the reouest for reconsideration and the Dublic hearinl! was continued al!ain until Febrllarv 6th. 2007. At the Februarv 6th. 2007 meetinp. the City Council aODroved the Annexation. Preliminarv Plat and Variance subiect to the Conditions of ADDroval listed in Exhibit R of the staff reDort. L SlImmarv of Citv Council Public Hearin!!s: i. In favor: Beckv McKav. Enl!ineerinl! Solutions (annlicantJowner's reoresentativet Jock Hewitt (aDDlicantJowner). Ed Davis. Larrv Harne. Tina Rice. Bailev Nicks. Debbie Kellv. Monte McClure. Paul Sudmeier. Brent Kellv. .Jo Olsen. .Jim .Johnson. Morton Hardwood. Charlene Hewitt. and Susan Wildwood (aDDlicant's attornev) ii. In oDDosition: Ron Ashlev. Chuck Comnton. SteDhanie SteDhenson. Andrea Nist. Amv Jorl!ensen. Alexa Gillihan. Nate .Jorl!ensen. Ed Duke. Gerald Railev. Anna Mae Railev. Clare Trerise. Bob Trerise. Rick Moritson. .JoAnn Blltler. Ginna Enple. Brian Black. Jov Comoton. and Dolores Ashlev ill. Neutral: Garv El!l!erv iv. Commentinl!: Buon Brown. Frank Barrea. and Bernie Fisher v. Written testimonv: Rick Mauritzson. Chuck and Jov Comnton. Patrick House. Carol Scott. Nichol Black. Ginna Eng-Ie. Donna I,arson. Andrea Nist. Hollv Kotoski. Kathleen Rudeen. Robert & Clare Trerise. Chris Watson. and Susan Wildwood (annlicant's attornev) vi. Staff nresentinl! aDnlication: Anna Canning- vii. Other staff commentin!! on annlication: Gene Trakel. Joe Silva h. Kev Issues of Discussion bv Council: i. Annexation oath (conti!!uitv oBhe suhiect narcel to the Citv) ii. If the suhiect annexation was in the best interest ofthe Citv ... S I. . fi . f d .tv t .t. t . fi. .d IU. n It zonmp or nrotectlOn 0 ensl ransl Ion 0 eXls ng- resl ences iv. Potential remand back to Commission for review of revised Dlat and snlit zonin!! .to Kev Council Chanl!es to Commission Recommendation: i. Annexation with snlit zoninl! ofR-4 and R-8 Spurwing Patio Homes Subdivision AZ-06-043/PP-06-045N AR-06-020 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ- 06-043, PP-06-045 and V AR-06-020 as presented in the staff report for the hearing date of February 6, 2007, with the following modifications to the conditions of approval: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-06- 043, PP-06-045 and V AR-06-020, as presented in the staff report for the hearing date of February 6,2007, for the following reasons: (You should state specific reasons for denial of the alUlexation and you must state specific reason(s) for the denial of the plat.) Continuance I move to continue File Numbers AZ-06-043, PP-06-045 and V AR-06-020, to the hearing date of (insert continued hearing date here) for the following reason(s): (State specific reason(s) for a continuance. ) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: Parcel No.: R8081770030 Generally located northeast of the N. Ten Mile RoadlChinden Boulevard intersection; S.W. )i of Section 23, TAN., R.IW. b. Owner: Spurwing Limited PartnershiplPacific Links Ltd. Partnership 200 N. Fourth Street, Suite 203/6800 N. Spurwing Way Boise, ill 83702/Meridian, ill 83642 c. Applicant: Spurwing Limited Partnership 200 N. Fourth Street, Suite 203 Boise, ill 83702 d. Representative: Becky McKay, Engineering Solutions, LLP e. Present Zoning: RR (Ada County) f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: The applicant is requesting concurrent approval for Annexation and Zoning of the subject 20.51 acres to R-8, Preliminary Plat approval of73 single-family residential building lots and 6 common lots, and a Variance from UDC ll-6C- 3F to exceed the maximum block face length allowed in a residential district. Forty-six of the lots are proposed to be for attached patio homes and 27 are proposed to be for detached homes. All ofthe proposed lots meet the minimum dimensional standards ofthe R-8 zone. The average lot size in the proposed development is 9,067 square feet. The gross density of the project is 3.56 dwelling units per acre; the net density is 4A5 dwelling units per acre. Open space consists of 3.69 acres or 18% of the site. 1. Date of preliminary plat (attached in Exhibit A): 6/20/06 2. Date oflandscape plan (attached in Exhibit A): 5/28/06 Spurwing Patio Homes Subdivision AZ-06-043/PP-06-045N AR-06-020 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. By reason ofthe provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the Planning & Zoning Commission and City Council on this matter. b. The subject application will in fact constitute a Preliminary Plat as determined by City Ordinance. By reason ofthe provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the Planning & Zoning Commission and City Council on this matter. c. The subject application will in fact constitute a Variance as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. d. Newspaper notifications published on: October 2nd and 16th, 2006 (Commission); November 20th and December 4th, 2006 (Council) e. Radius notices mailed to properties within 300 feet on: September 22nd, 2006 (Commission); November 17ll" 2006 (Council) f. Applicant posted notice on site by: October 7th, 2006 (Commission); December 2nd, 2006 (Council) 6. LAND USE a. Existing Land Use(s): The site is currently vacant. b. Description of Character of Surrounding Area: This property in bordered on the north by 1- acre lots in Ada County and is surrounded on the south, east, and west by Spurwing Golf Course property. Further to the west, bordering the golf course, are also one-acre lots in Ada County. c. Adjacent Land Use and Zoning: 1. North: Single-family I-acre lots within Spurwing Subdivision, zoned RR (Ada County) 2. East: Immediately to the east, Spurwing Golf Course, zoned RR (Ada County); further east, the proposed Knight Sky Subdivision, zoned R-4, R-15, and C-C. 3. South: Spurwing Golf Course, zoned RR (Ada County); South of Chin den, the proposed Irvine Subdivision, zoned R-8; rural residential property, zone RUT (Ada County). 4. West: Spurwing Golf Course, zoned RR (Ada County); further west, single-family one-acre lots in Westwing Estates Subdivision and agricultural land, zoned RR. d. History of Previous Actions: The subject property is currently platted in Ada County as Lot 3, Block 1, of Spurwing Subdivision and also contains portions of Lots 2 and 4 of the same subdivision. NOTE: A Property Boundary Adjustment is currently in process at Ada County that will adjust the boundaries of these lots as shown on the proposed plat and described with the annexation application. e. Existing Constraints and Opportunities: 1. Public Works: Spurwing Patio Homes Subdivision AZ-06-043/PP-06-045N AR-06-020 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007 Location of sewer: This property is currently not serviceable. It is Master Planned to flow to the North Black Cat Lift Station, through planned mains in the annexed but undeveloped property to the west. Location of water: In a cooperative agreement with United Water ofIdaho, Meridian as agreed to allow United Water to service this property. Issues or concerns: Sewerability of this property. 2. Canals/Ditches Irrigation: There are no major facilities coursing through this site. The applicant shall be required to tile any ditch lying within this site. 3. Hazards: No hazards have been identified on this site. 4. Proposed Zoning: R-8 (Medium Density Residential) 5. Size of Property: 20.65 acres (AZ); 20.51 acres (PP) f. Subdivision Plat Information: 1. Residential Lots: 73 2. Non-residential Lots: 0 3. Total Building Lots: 73 4. Common Lots: 6 5. Other Lots: 0 6. Total Lots: 79 7. Gross Density: 3.56 dwelling units per acre (net density is 4.45 dwelling units/acre) 8. Minimum House Size: 1,400 square feet (proposed by applicant) g. Landscaping 1. Width of street buffer(s): N/ A (A street buffer is not required on any of the internal, local streets.) 2. Width ofbuffer(s) between land uses: N/A 3. Percentage of site as open space: 18% (3.692 acres) 4. Other landscaping standards: Common open space lots should include at least one deciduous shade tree per 8,000 square feet (UDC ll-3G-3E2). h. Amenities: Open space and common areas are proposed with ponds and connecting stream channels. i. Off-Street Parking: UDC ll-3C-6 requires single-family detached and single-family attached dwellings with more than 1 bedroom to have 2 enclosed parking spaces (a garage) and a 20' x 20' parking pad in front of each garage. j. Proposed and Required Residential Standards: R-8 Dimensional Standards (in feet) Setbacks Front Living Area (from back of sidewalk) Side Accessed Garage (from back of sidewalk) Spurwing Patio Homes Subdivision AZ-06-043/PP-06-045N AR-06-020 PAGE 6 Proposed Required 15 15 15 15 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6,2007 Front Accessed Garage (from back of sidewalk) 20 20 Side (5' public utility & drainage easement is required) 4 4 Rear 12 12 Frontage (detached, with garage facing street) 50 50 Frontage (attached) 40 40 Lot Size (detached, w/garage facing the front property line) 5,000 5,000 Lot Size (attached) 4,000 4,000 Maximum Building Height 35 35 * No changes to the dimensional standards in UDC Table 11-2A-5 were requested. k. Proposed and Required Non-Residential: N/A 1. Summary of Proposed Streets and/or Access: Access to the proposed subdivision will be provided internally from the existing public street, W. Balata Court, which is accessed via N. Spurwing Way from Chinden Boulevard. Balata Court is currently improved as a 36-foot wide street with curb and gutter. Sidewalk has been constructed on W. Balata Court in front ofthe residential lots and the clubhouse lots west of the site and on the north side of the street but none exists where the site abuts Balata or east of the proposed connection to Balata on the south side. Access to the dwellings within this development will be via internal public streets to be constructed with the subdivision. All ofthe internal streets will be local streets with 36- foot wide street sections (measured back of curb to back of curb) and contain 5-foot wide attached sidewalks within 50-feet of right-of-way. The applicant is not proposing any stub streets since the surrounding property is currently a golf course and there are no existing stubs on the north boundary from Spurwing Subdivision. Staff is generally supportive of the proposed street system. NOTE: To satisfy the Fire Department requirement for secondary access, the applicant is proposing an "emergency access only" road at the southwest comer of the site from Chinden Boulevard directly north of the terminus ofN. Ten Mile Road. ACHD has submitted conditions of approval for this development (see Exhibit B). The Idaho Transportation Department (ITD) has submitted a comment that the applicant has not yet applied to ITD for the proposed emergency access from Chinden Boulevard with a note that the main access at Spurwing will not be signalized in the future, so it is prudent to consider how many households would be added to the intersection. Supposedly, the predominant movement from the subdivision would be left turns onto the highway. Over time, congestion on the highway will make this a more difficult movement (please see Exhibit B for all ofITD's comments). 7. COMMENTS MEETING On September 29,2006, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, and the Meridian Police Department. Staff has included comments, conditions and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS Spurwing Patio Homes Subdivision AZ-06-043/PP-06-045/V AR-06-020 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007 This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain three to eight dwelling units per acre (see Page 99 of the Comprehensive Plan). The proposed Preliminary Plat includes 73 single-family lots on 20.5 1 acres for a gross density of 3.56 dwelling units/acre. The proposed density lies within the anticipated density of the Comprehensive Plan for this area. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): Chapter VII, Goal III, Objective A, Action 1 - Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City sen'ices to the subject property. The City of Meridian plans to provide municipal sen'ices to the lands proposed to be annexed in the following manner: · Sanitary sewer sen'ice will be extended to the project at the developer's expense, although it is currently not available (water sen'ice will be provided by United Water). · The suqject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. · The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be sen'iced by the Meridian Police Department (MPD). · The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This sen'ice will not change. · The subject lands are currently sen'iced by the Meridian School District #2. This sen'ice will not change. · The subject lands are currently sen'iced by the Meridian Library District. This sen'ice will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, sen'ices will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Sen'ices, and Sanitary Sen'ices Company. Chapter VII, Goal I, Objective D, Action 9 - Require new residential development to provide permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. The applicant is proposing to construct a solid manufactured stone wall fence along the northern perimeter boundary and a 4-foot tall wrought iron fence along the west, south, and east perimeter boundaries of this development. Prior to house construction, fencing should be constructed around the perimeter of this site. See Analysis below and Exhibit B for more information. Chapter VII, Goal IV, Objective D, Action 2 - Restrict curb cuts and access points on collectors and arterial streets. This parcel has limited frontage on Chinden Boulevard, an arterial street. The applicant is proposing an emergency access only connection to Chinden Boulevard. The new public street Spurwing Patio Homes Subdivision AZ-06-043/PP-06-045N AR-06-020 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6,2007 connection to W Balata Court has been reviewed and approved by ACHD. City Staff is also supportive of the connection to W Balata Court,' no additional access points to Chinden Boulevard, except for the emergency access, shall be allowed. The Idaho Transportation Department has yet to approve the proposed emergency access from Chinden. The Meridian Police Department is requiring that the plat be revised to include an additional stub street for increased emergency access to this site. Chapter VII, Goal IV, Objective C, Action I - Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing a residential zone. Staff finds that the proposed development is generally compatible with the existing single-family residential properties to the north in that they are both residential uses; however, Staff does believe that there should be more of a transition in density and lot sizes between the existing i-acre lots to the north and the proposed attached units proposed on 4,595-6,042 square foot lots. Chapter VII, Goal I, Objective D, Action 8 - Require new urban density subdivisions which abut or are proximal to existing low density residential land uses to provide landscaped screening or transitional densities with larger, more comparable lot sizes to buffer the interface between urban level densities and rural residential densities. There are some existing low density residential land uses to the north. The applicant is proposing to construct solid manufactured stone wall fence along the northern perimeter boundary of this development to provide a buffer to the existing residences. Further, a landscaped common area with a meandering creek and ponds are also proposed along this boundary between the existing homes and the proposed attached homes. Staff finds that the proposed fencing and common area would assist in providing screening between the proposed urban development and the existing surrounding rural residences.; However, Staff believes that the applicant should provide a better transition in density and plat larger more comparable lot sizes adjacent to the existing i-acre lots to the north, instead of the proposed landscape buffer and attached lots. Staff recommends that a minimum i 0,000 square foot lot be provided along the north side of this property, to effectively transition to the urban densities proposed. Further, although the applicant has provided a buller in the form of landscaped common area along this boundary, it is virtually inaccessible and unusable to the residents of the subdivision because of the proposed ponds and meandering creeks and does not meet the requirements of UDC ii-3G-3. Also, the Police Department is not supportive of the design of the open space area on the north boundary as it does not offer natural surveillance opportunities for the public areas and creates a potential safety hazard. Staff recommends that the Commission and Council rely on any written or verbal testimony provided from neighbors when determining if additional screening or if a different transition in density is more appropriate. Chapter VII, Goal IV, Objective C, Action 10 - Support a variety of residential categories (low-, medium-, and high-density single family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The subject application includes a request for the R-8 zone. Spurwing Subdivision to the north obtained an RR zone (i-acre lots) in Ada County. Staff finds that the requested zoning designation contributes to the variety of residential zoning categories in this area and is Spurwing Patio Homes Subdivision AZ-06-043/PP-06-045N AR-06-020 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007 generally consistent with the Comprehensive Plan designation for this site; however, Staff believes that more of a transition should be provided between the existing rural lots and the proposed urban lots in the form of larger, more comparable lot sizes, and lower densities on the north boundary of the subdivision. To provide an even better variety of residential zoning, and to better transition between the one acre lots to the north, some R-4 zoning should be approved on the northern portion of this property. Staff generally believes that the density proposed with this project is appropriate. However, the design of the development does not fit well into this established area. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's zoning and development request is appropriate for this property. 9. UNIFIED DEVELOPMENT CODE a. Schedule of Uses: Unified Development Code (UDe) 11-2A-2lists single-family attached and detached homes as permitted uses in the R-8 zoning district. b. Purpose Statement of Zone: R~8 Medium Density Residential: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. c. General Standards: All lots shown on the proposed plat conform to the minimum dimensional requirement of the R-8 zone per UDC 11-2A-2. No dimensional modifications are being requested for the proposed development. Therefore, the applicant must meet all dimensional standards. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: 1. Annexation & Zoning Application: Based on the policies and goals contained in the Comprehensive Plan, Staff believes that the requested R-8 zone is generally consistent with what the Future Land Use Map calls for. However, Staff believes that zoning all 20 acres of this property to R-8 is not appropriate for this property~ Please see Exhibit D and the Comprehensive Plan Analysis above for detailed analysis of the required facts and findings for annexation. The annexation legal description submitted with the application (stamped on October 16, 2006 by David Marks, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Although the annexation path of this property appears to comply with the requirements of State Code, Staff believes that annexing the subject property will have the effect of having City parcels in the middle of a County subdivision (a City enclave). Staff believes that it is in the City's best interest to have additional properties included as part of annexing this property. It does not seem appropriate to have a City-approved subdivision of this size that is surrounded by property still in the County, which mayor may not annex into the City in the foreseeable future. Further, the applicant is actually processing Spurwing Patio Homes Subdivision AZ-06-043/PP-06-045N AR-06-020 PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007 a property boundary application through the City to annex a small portion of the golf course lots, to facilitate this development, but is leaving a vast majority of the golf course lots out of the subject annexation and development request. At the Planning & Zoning Commission meeting on October 19, 2006, the Commission did not have an issue with the proposed R-8 zone and the transition in densities provided between the existing 1-acre properties in Spurwing Subdivision and the proposed lots. 2. Preliminary Plat Application: The proposed preliminary plat substantially complies with the Unified Development Code. Special Considerations: Density: As noted previously in this report, this area is designated for medium density residential uses. Medium density residential is defined as 3 to 8 dwelling units per acre. The submitted plat has a gross density of 3.56 dwelling units per acre. Although Staff has no problem with the proposed density, Staff believes that more of a transition from the existing I-acre rural residential lots should be provided in the form of larger lots and lower densities along the north boundary. The smaller, attached lots should be relocated to the west, east, and south boundaries adjacent to the golf course, with the larger lots serving as the transition between the I-acre lots to the north and the attached lots further to the south. Landscaping: The landscape plan prepared by Harvest Design, on 5-28-06, labeled Sheet #LS-I is not approved. · Per UDC 11-3B-IO, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. . Per UDC-II-3G-3, the applicant must provide a minimum of 5% open space that is accessible by all residents of the development including but not limited to: open grassy areas of at least 50' x 100' in area, community gardens, ponds or water features, or plazas. While the applicant is proposing ponds and meandering creeks as water features, they are not readily accessible by all residents of the development, and do not allow emergency service providers good visibility into these public areas. Further, not all of the grassy areas proposed meet the dimensional requirements stated above for qualified open space. Although the proposed open space calculations exceed the requirements of the UDC, the actual qualified open space does not meet the minimum requirements due to dimensions and location. Staff believes that the common area should be more centrally located and provide more open area without ponds for usability by the residents. Applicant should clarify at the public hearing what height of fence is proposed along the north boundary. The applicant clar(fied at the public hearing that a 6.Joot tall masonry wall is proposed along the northern perimeter boundary adjacent to the existing Spurwing Subdivision. A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan upon Spurwing Patio Homes Subdivision AZ-06-043/PP-06-045/V AR-06-020 PAGE 11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007 completion of the landscape installation. All standards of installation should apply as listed in UDC 11-3B-14. Access: Access to this site is currently provided by N. Spurwing Way via W. Balata Court, both local public streets within Spurwing Subdivision. An emergency access is proposed from Chinden Boulevard at the southwest comer of the site for emergency vehicles only. Direct lot access to Chinden Boulevard shall be prohibited except for the emergency access point approved with this subdivision; a note shall be placed on the fmal plat restricting access. Stub Streets: The Police Department is requiring that an additional stub street be added for increased emergency access to the site. Staff believes that this will be a difficult condition to meet. Staff recommends that the applicant meet with Lieutenant Bob Stowe to discuss this issue, prior to the next public hearing. As of the print date of this report, the applicant was unable to make contact with Lieutenant Bob Stowe to come to a resolution on an additional access to the site. Staff contacted the Lieutenant and the Police Department still maintains that they would like to see an additional access provided to the site. It appears that the applicant will be unable to provide one based on the existing subdivision to the north that did not stub to this property and the existing golf course that surrounds the site. Existing Residences/Buildings: The site does not currently contain any residences or buildings. Fencing: The applicant is proposing to construct a manufactured stone wall fence along the northern perimeter boundary of the subdivision adjacent to the existing residences. A 4-foot tall wrought iron fence is proposed on the west, south, and east perimeter boundaries. A detailed fencing plan should be submitted upon application of the final plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro-path /multi-use fencing shall be designed according to UDC 11- 3A-7. Common Areas: Maintenance of all common areas shall be the responsibility of the Spurwing Patio Homes Subdivision Home Owners' Association. Ditches, Laterals, and Canals: Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of any natural waterway, that intersect, cross or lie within the area being subdivided shall be covered. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the fmal plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A- 15 and MCC 9-lp28. Although the proposed plat and R-8 zoning would add to the variety of housing types Spurwing Patio Homes Subdivision AZ-06-043/PP-06-045N AR-06-020 PAGE 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007 in the subj ect area, Staff believes that more of a transition in density and lot sizes between the existing I-acre lots and the proposed attached units should be provided along the north boundary. Staff does not oppose the overall density proposed; however, believes that the higher density attached homes should be relocated from the north boundary to the west, east, and south boundaries of the subdivision. Further, Staff would like to see larger, more usable open space areas, located centrally within the development. The Commission should consider staff's analysis and recommendation, and the layout of the proposed lots and open space in relation to the existing and proposed homes when making recommendation to the City Council. At the Planning & Zoning Commission meeting on October 19, 2006, the Commission heard testimony, considered Staff's analysis, and discussed the proposed common areas and did not have an issue with the amount of open space provided, or the location and inaccessibility of some of the common areas as noted by Staff in this report. The Commission also did not have an issue with the requested R-8 zone or the transition in density and lot sizes proposed between the existing rural lots and the proposed lots. Although some of the proposed lot sizes are small, they believed that since the proposed units would be attached and would be a minimum of 1,400 square feet per unit, the structure itself would be least 2,800 square feet, comparable with the existing homes in Spurwing than smaller detached homes on these lots would be. Therefore, the Commission requested that Staff prepare Conditions of Approval for the subject applications (see Exhibit A). 3. Variance Application: The applicant has applied for a Variance from UDC 11-6C-3F to exceed the maximum block face length allowed in a residential district. Special Considerations: There are no existing stub streets or pedestrian connections from the existing surrounding Spurwing Subdivision for this development to connect to. Since the land to the west, south, and east is part of the Spurwing Golf Course, no stub streets are proposed for future connectivity although the Police Department is requesting a stub street be provided to the property. The irregular shape and size of the property also limits design alternatives that would allow for shorter block lengths. Staff believes compliance with UDC 11-6C- 3F is not feasible in this case due to the site limitations stated above and that the required Findings for a Variance can be met (see Exhibit D). b. Staff Recommendation: Staff recommends denial of the subject applications, AZ-06-043, PP- 06-045, and V AR-06-020 per the comments stated in the staff report for the hearing date of October 19, 2006. NOTE: Staff is recommending denial of the variance because the recommendation is for denial of annexation into the City. At the Planning & Zoning Commission meeting on October 19, 2006, the Commission recommended that this project be continued until November 2, 2006 to allow Staff time to prepare Conditions of Approval. The original staff report did not contain Conditions of Approval since Staif was recommending denial of the project. Staff has now included Conditions of approval in Exhibit A and Findings in Exhibit C. Prior to the November 2nd meeting, the applicant submitted a revised preliminary plat, dated November 9, 2006, and requested that the hearing be continued until November 16, 2006. Spurwing Patio Homes Subdivision AZ.06-043/PP-06-045N AR-06-020 PAGE 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007 The Meridian Plannin!!: and Zonin!!: Commission heard these items on October 19. 2006: November 2.2006: and November 16. 2006. At the public hearin!!: on November 16. 2006 they moved to recommend denial. The Meridian City Conncil heard thelie items on December 12th. 2006. Januarv 9th. 2007 and Februarv 6. 2007. At the Fehruarv 6. 2007 meetinl!. the City Council annroved the annexation renuest alonp- with the Preliminarv Plat and Variance annlicationli. subiect to the Conditionli of ADDrovallisted in Exhihit B of the staff renort. 11. EXHmITS A. Drawings 1. Vicinity Map 2. Preliminary Plat (dated: 12*13-06) 3. Landscape Plan (dated: 5*28-06) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Idaho Transportation Department 9. Central District Health Department C. Annexation Legal Description & Exhibit Map D. Required Findings trom Unitied Development Code Spurwing Patio Homes Subdivision AZ-06-043/PP-06-045N AR-06-020 PAGE 14 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007 A. Drawings 1. Vicinity Map ,,'._ ""m_.~ '~.~..........--... j I -'"~ I ~ '~ i ! -.--".-------., ...... 'I" ~ ....."""'- """'... JIll. -. till" rz!fDJ-"rt.J . __ ~.. --_L I ., J7-LI' " '--1~'-~~" -_.I --. '-~'--'- --, I v\ . ~~~-\ j " ~ -//1 'v ~l /~6\~- \ \\:~/\ \ \ 'r' \ ' .-----\ \ ~\\' --"~ ---\ 'r=-- I I I ~I-~ 1r--"__.1 [ --.J I - \-11 I !)i~-- ~ ~,I -~-<>/ I r---- ~ ~I == I iI ~ I L' ._-.1 ., w. CHlNDEN BLVD. T ~I RUT Z I SPURWlNG TOWNHOMES SUBDMSION LOCATED IN 1HE SW 114 OF SEC110N 23, UN.. R.1W.. IUI. II&RIJIAN, ADA COUNTY, IDAHO VICINITY MAP E...NGlNEERlNG -SOl..unONS ill' ~"A.~'~,~. .~/QrMO .. ~...... .........., VICIN Exhibit A - Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007 2. Preliminary Plat (dated: 12-13-06) ':,~:i:it Hiiit ~n:;:~ ~. ~...'_.... .-.m...... ~~,_. .....,~ ~~~:- ...I.'II'~=':~~..~~ lr.:~ ~:-(Ij \If "JNrItI11J'WID l ~ ~ i';; . ~ I --. ."IiI. .. W' tllllIBIIIIil _~a w t: 'f.EE" 1JllO:1""~91tJ'WO ~ J:II'!NO:Jilfitlll'lld ., -, I, fl l~m 'I "Ill. hf j! ;1 8 . . , . " l_...,.____ Exhibit A - Page 2 11 II. .111 1'1 .J IHlid dql'i InldllH uh j lj t ~ ~; H.r ;'; .' I I I : . ~ j. . ~ ~ d. I Ii~! i!I;~- '~I~!~,'lnJ'd hh~lh-_~uu I : 11.1 :! .i '!: : : ' : i ~. t . ill I, ~ I '! ',I ~ j ~.' Itt~ Ii """"~I ~ ~~8f . , t !. i ~;! · J ,,'I. I i i 1,1 IIi · ill 1mB ,,~ ,r~-' +--- 1 .!';. "1-"~. """"" IlII:Il!Iu~ ....... Imm Illlm jUmu ., ~IUIU) i.: BdmH Udi'H f! \."..... ~~.~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007 3. Landscape Plan (dated 5-28.06) - NOT APPROVED [J l)f~I-" (iIY) ~I 'lrJI.rti Dlmll 'CiSlO!] D dlHSil3NHllfd" all.;N~'~Q1, JII' I i . ~~ llfld ^ilItNI~m~ NOISlAlOans S3~OH 011 If d ;JNlMilndS i I I . Q - ~~~~ ~~~~~~~~ ~I.m:~~ ~~~';:~~ ":"~~':';:':!~~'1::':';.':'::': "lIl1li1.....'tll,,'t!I'Il......"_liIlIllI"... ........1<""""'..........."'.....'" I - .. }m... ,!" .. ~~~!!~ .llfU"IlU,!J..1 A ~ ; 1I11I1I allllllll'lI.!1lf' :IIb-II:'II.1 II'" r ..___..........1:.....1 ~~ '". ",..,.:C ,,_=.. ---.. ...... ;" . i go ~ It,' ')1 j .. .~ II I I' J I' ~~ I I In; I hi :1111 III J~JI;9 fd, ~~ IIIII !1I!!lh !Ida 11I11 ml,nlUlldi ~~ II ~~' t ~~ I. II: ~~ I ~. I ~~ ~ :";1 ~~ -- ii~ I. I I~ Iii , III l j €5 ' ! I n~ I I;l :t. . ~i i ~ III I Ii ~ ~1'1!!! .11l.!~ ~.' I ii ~ ! , IIRQ I i 1",11 ~ 1111 II }~I:II!! ~ '" ~ !I I, !li~ I,il il I.',!ll.i<j:. II. II !i" I!ji! ~ ~ I~ I' i! ii~ <II iiI I 'l.l~qll II II ~ mL.< ,," II!~! : ~ a:iUl',,~ I!: Exhibit A - Page 3 m ~ I~ lli II", !l1 ::> j': --".. "" ~~ .; ~ w ~ ~ ~ I~ .p , I I' i ! 1111' I I 'II-I !I i 191.1 llnllllii; \\\ \ IJi ';/ ~! ~i!" I-!~! l~i 11 ~" ':1',. 'I '" . .. II , J " II , .1 il !: I, ill , i; Hi I ~ 8\\\ ~ ,. ; >- ,- { ~ ~i /11 j ~ I' d. B II' J;ll!! ~ 1:.liji ..; 'li.....~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6,2007 B. Conditions of Approval 1. Planning Department 1.1 ANNEXATION COMMENTS 1.1.1. The overall annexation boundary legal description submitted with the application (prepared on August 16, 2006, by D. David Marks, PLS) shows the property as contiguous to the corporate boundary of the City of Meridian. HQ~ever. the orilrinal annexatiQn leQ:al descrintiQU does l!ot reflect the Council-annfoved zoninQ: for this nronertv. The annlicant has submitted leQ:al descrintions. dated 1.7/19/06. and an exhibi.t man that reflect th.e zoninQ: d~silIDations of RA and R-8 aooroved bv Citv Council. which are includ.ed in Exhibit C alonQ: with the ori,ginal overl!ll an,nexation boundarv leQ:al descriotion and exhibit maD... 1.1.2. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner(s) (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process. The Development Agreement process shall be completed within 6 months of City Council approval of the annexation Findings of Fact and Conclusions of Law. The DA shall incorporate the following: · Prior to annexation ordinance approval by the City Council, the applicant shall complete a Record of Survey for a Property Boundary Adjustment in Ada County for the portion of Lots 2 & 4, Block 1, Spurwing Subdivision, that are currently within the boundaries of the subject annexation request. Submit a copy of the recorded Record of Survey to Planning Staff. · Prior to annexation ordinance approval by the City Council, the applicant shall submit recorded warranty deeds to the Planning Department that reflect the current boundary of the proposed annexation and plat. · Secondary access to the subdivision as provided on the preliminary plat at the southwest comer of the property from Chinden Blvd. shall be gated both at the Chinden access and the internal subdivision access in accordance with Police and Fire Department requirements. 1.2 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT (PP-06-045) 1.2.1 The preliminary plat labeled as Sheet 1 of 1, prepared by Engineering Solutions, LLP, dated December 13, 2006 is approved, with the conditions listed herein. 1.2.2 The landscape plan prepared by Harvest Design, Associates, on 5-28-06, labeled Sheet #LS-1, is not approved and shall be revised according to the conditions noted below: · Revise the landscape plan to reflect the revised configuration of the plat and install all landscaping in accordance with UDC 11-3B. . Per UDC 11-3B-IO, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. Include mitigation information on the landscape plan. . Provide a detailed fencing plan for all fencing proposed on the site reflecting a 6- foot tall masonry wall along the northern perimeter boundary adjacent to the existing Spurwing Subdivision and a 4-foot tall wrought iron fence around the west, east, and south perimeter boundaries as shown on the landscape plan submitted with the preliminary plat. Exhibit B - Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6,2007 1.2.3 1.2.4 1.2.5 1.2.6 1.2.7 1.2.8 1.2.9 1.2.10 1.2.11 1.3 1.3.1. 1.3.2. 1.3.3. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. The preceding modifications and notes should be shown on a revised landscape plan submitted with the final plat application(s). All lots within the development shall conform to the dimensional standards of either the R.4 or the R-8 zone, depending on the particular zone in which they are located. All lots along the north boundary of the subdivision shall have a minimum lot size of 10,000 square feet as shown on the plat dated 12-13-16 and required by Council at the 12-12.06 City Council meeting. Approval of the preliminary plat is contingent upon the Idaho Transportation Department's approval of the emergency access proposed from Chinden Boulevard. If ITD should deny this access request, the development would not be able to provide the two emergency access points required by the Fire Department for this size of development. Place a note on the face of the [mal plat that prohibits direct lot access to Chinden Boulevard except for the emergency access point approved with this subdivision. Per UDC Il-3B-9C6, all open water ponds proposed on the site shall have re.circulating water and shall be maintained so that they do not become a mosquito breeding ground. Provide fencing around the perimeter of the development, as proposed. Provide a 6-foot tall masonry wall along the north boundary of this site, as proposed during the October 19th public hearing. A detailed fencing plan shall be submitted upon application of the final plat. If permanent fencing is not provided before issuance of a building pennit, temporary construction fencing to contain debris shall be installed around the perimeter. Perimeter, common open space, and micro-path fencing shall be designed according to UDC 11-3A-7. Maintenance of all common areas shall be the responsibility of the Spurwing Patio Homes Subdivision Home Owners' Association. Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of any natural waterway, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. Underground, pressurized irrigation must be provided to all lots within this development. GENERAL REQUIREMENTS-PRELIMINARY PLAT (PP-06-045) A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application(s). Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subj ect to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as pennitted under UDC ll-3B. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards ofUDC 11.3A-18, then the applicant shall relocate the Exhibit B - Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007 facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 1.3.4. A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. All standards of installation should apply as listed in UDC ll-3B-14. Coordinate fire hydrant placement with the City of Meridian Public Works Department. Staffs failure to cite specific ordinance provisions or terms of the approved annexation and conditional use does not relieve the applicant of responsibility for compliance. 1.3.7. Preliminary plat approval shall be subj ect to the expiration provisions set forth in UDC 11-6B-7. 2. Public Works Department 2.1 The preliminary plat shows the sewer main proposed in this development ending at W. Chinden Boulevard. At this time there are no sewer mains in or planned to be installed in Chinden Boulevard. This property is master planned in the North Black Cat shed. This property is currently not serviceable by the City of Meridian's sewer system and the City of Meridian does not guarantee sewer service in the timelines outlined in the unc. 1.3.5. 1.3.6. 2.2 This property is master planned to sewer to the North Black Cat Lift Station via mains that are planned to be development driven in the property to the west. lfthe applicant wishes to commence development prior to the "Master Planned mains" being available they may proceed under the following conditions: a) This is conditional on there being available capacity within the Ten-Mile Trunk. b) The applicant shall provide written permission from the owner of the Silver Leaf Lift Station, granting access to use that lift station. c) The applicant shall be responsible to prove capacity exists in the Silver Leaf Lift Station, and be responsible for any upgrades necessary. d) The applicant shall be responsible install the necessary off-site gravity mains from this site to the Silver Leaf Lift Station. These mains shall not be eligible for reimbursement agreements. 2.3 The applicant shall install sewer mains to and through this proposed development; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.4 The applicant shall be responsible to install an all-weather access road per City of Meridian standard specifications to all sewer mains not located within the right-of-way. 2.5 The applicant shall connect to a Municipal water system. 2.6 The applicant shall comply with all Department of Enviromnental Quality's Best Management Practices separation requirements between storm facilities and private wells. 2.7 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. Exhibit B - Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6,2007 2.8 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.9 The applicant has indicated that the P.I. system shall be an extension of Spurwing's system. Prior to scheduling of a pre~construction meeting the applicant shall provide written approval from the owner of that system. 2.10 All existing structures not meeting setbacks or meeting the dimensional standards of the UDC shall be removed prior to signature on the final plat by the City Engineer. 2.11 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.12 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being developed shall be tiled. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.13 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.14 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.15 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.16 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 2.17 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing AcL 2.18 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Envirorunental Protection Agency. 2.19 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.20 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.21 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.22 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above. 2.23 One hundred watt, high-pressure sodium streetlights, on 25' pole shall be required on all public residential streets. Two.hundred and fifty watt high pressure sodium streetlights, on 30' pole shall be required on subdivision entrances and collector roadways. Design of the streetlights shall Exhibit B - Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6,2007 be approved by the Public Works Department. Decorative lights require a streetlight agreement on file with Public Works prior to activation. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants, and no further than 400' distance in between locations. Final design locations and quantity are detennined after power designs are completed by Idaho Power Company. The street light contractor shall obtain approval from the Public Works Department, and permit from Building Department prior to conunencing installations. 3. Fire Department 3.1 One and two family dwellings not exceeding 3600 square feet will require a fIre-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. One and two story family dwellings 3600 square feet and greater will require a fire flow of 1500 gallons per minute. Fire hydrants shall be placed an average of 500' apart. International Fire Code Appendix C 3.2 Acceptance of the water supply for fIre protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 Final Approval ofthe fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 'l2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on comers when spacing pennits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.4 All entrance and internal roads and alleys shall have a turning radius of28' inside and 48' outside radius. 3.5 The emergency access drive shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 3.6 The emergency access drive shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.7 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.8 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fIre hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). Exhibit B - Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007 b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.9 This project will be required to provide a 20' wide swing or rolling emergency access gate. The gate shall be equipped with a Knoxbox Padlock which has to be ordered thru the Meridian Fire Department. A "No Parking, Fire Lane" emergency access sign shall be installed at the access gate. 4. Police Department 4.1 The proposed development and/or plat do not offer natural surveillance opportunities of the public areas. Common areas are completely blocked from public view. Seventy.three home sites with one primary access is not acceptable. Prior to the next public hearing, the applicant shall meet with the Police Chief and/or Planning Staff to discuss features that increase visibility, including but not limited to: doors and windows that look out on the public areas, front porches, and adequate nighttime lighting. The site plan and/or landscaping plan shall be revised in accord with those discussions. 4.2 To increase emergency access to the site, the Police Departments recommends that the applicant provide a stub street from the property. Prior to. the next public hearing, the applicant should submit a revised plat/site plan to reflect this requirement. 4.3 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 5. Parks Department 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. 6. Sanitary Service Company 6.1 SSC has no comments related to this application. 7. Ada County Highway District 7.1 SITE SPECIFIC CONDITIONS OF APPROVAL 7.1.1 Construct West Balata Court as one half of a 36-foot street section within 50-feet of right-of-way complete with curb, gutter and 5-foot attached concrete sidewalk. 7.1.2 Locate the entry road intersecting West Balata Court as proposed. 7.1.3 Construct all the internal roadways as 36-foot street sections within 50-feet of right-of-way complete with curb, gutter and 5-foot attached concrete sidewalk. 7.1.4 Locate and construct one knuckle on the south side of West Tramore Drive and one standard cul- de-sac turnaround at the intersection of North Dunloy Way and North Castle Bar Way. Exhibit B - Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6,2007 7.1.5 Construct emergency access at the southwest comer of West Tramore Drive, as proposed. Utilize some restrictive device to inhibit the possibility for cut-thru or general use traffic within the emergency access. The device used to control access on the emergency vehicle roadway shall be approved by the Meridian Fire Department and submitted to ACHD in writing. 7.1.6 Comply with all Standard Conditions of Approval. 7.2 STANDARD CONDITIONS OF APPROVAL 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of-way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be bome by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction ofthe proposed development. Contact Construction Services at 387~6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Interim Policy. 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building pennit (or other required permits), which incorporates any required design changes. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees is required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road hnpact Fee Ordinance. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. Exhibit B - Page 2 CITY OF MERIDIAN PLANNrNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007 7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confmnation of any change from the Ada County Highway District. 7.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 7.3 CONCLUSIONS OF LAW 7.3.1 The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied. 7.3.2. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular transportation system within the vicinity impacted by the proposed development. 8. Idaho Transportation Department 8.1 The applicant shall apply to ITD for the emergency access to US 20/26 (Chinden Blvd.) shown on the proposed plat. Note: The main access at Spurwing will not be signalized in the future, so it is prudent to consider how many households would be added to the intersection. The predominant movement from the subdivision is suspected to be left turns onto the highway. Over time, congestion on the highway will make this a more difficult movement. 9. Central District Health Department 9.1 After written approval from appropriate entities is submitted, we can approve this proposal for central sewage and central water. 9.2 The following plans must be submitted to and approved by the Idaho Department of Health & welfare, Division of Environmental Quality: central sewage and central water. 9.3 Run-off is not to create a mosquito breeding problem. Exhibit B - Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6,2007 C. Annexation Legal Description & Exhibit Map 1. Overall Annexation Boundary Legal Description & Exhibit Map ID] TEALEY'S LAND SURV~YI~~ 2501 Bogus Bailin Rd, . Boi511. Idaho B:l7Q2 (208) 385-0636 Fa. (208) 385..0&00 Project, No_: 2981 Date: June 2, 2006 Reviil8d: August 16, 2006 ANNEXATION DESCRIPnON FOR SPURWING PATIO HOMES SUBDIVISION A parcel of land beings portion of lots 2 and 4 and aU of Lot 3 of Brock 1 of Spurwing SubdMsJoi1, is fllsd for record in the office of the Ada County Reoorder, BOise, Idaho in Book 69 of Plats at pages 7104 thru 7108, arid a portion or the sW 1/4 of SectIon 23, T,4N., R.1W., 8.M., Ada County, Idaho and more partiCUlarlY desClibed as follows: BEGINNING at a brllu cap marking the SouthwslOt corner of the said Section 23; thence along lhs Westerly boundary of the said sW 1'4 of Section 23; thence North 00020'40" East 324.83 fee1 to an iron pin; thence said Westerly boundary South 89039'20" East 30.00 feet to an iron. pin marking a point of curve; Ihence contlnulng along an arc of a curve to the left. said curve having a radlus of 20,00 feet, a central angle of 104"21'18", a length of 36.43 feet and e: long chord b&aring South 51"49'58" East 31.60 feet to an Iron pin marking a point of tangent; thence continuing North 75059'24" East 155.18 feel 10 an iron pin; thence continuing North 00.48'28" Easl 164"90 feel 10 an iron pin; thence leaving said Westerly. boundary . Ncrth 10.58'41" East 673.13 feet to en iron pin marking the Northwest comer of said Lot 3; thence along the Northerly boundary of said Lot 3 . South 78"36'59" EaSt 106.97 feet to an iron pin; lhEin.C$ continuing ,Soulh 62"24'59" East 127.74 feet to an iron pin; thence continUing Sotllh 50013'68" East 125.67 feet 10 an iron pin; thence continuing Soutl143002"58" East 160.00 feet t02n Iron pin; thennA r:nnUnulng South 43000'12" East 160,00 feet to an Iron pin; thence continuing South 52.28'14" East 222.39 feet to an iron pin; thence continuing South 97"44'25" East 2SO.87 feet to an Iron pin; the/lce continuing North 54'48'27" East 242.01 feet to an iron pin: .thenee continuing Ncrth 26046'22" East 166. 21 feet to an Iron pIn; thence continuing North 19022'35" East 11e.96 teet to an iron pin; thence continuing North 43'12'34" WlI8t 2El5.25fliet to an Iron pin marking 8 point of curve; thence continlilng along an arc ota CUNe to tha left, said CUl'V8 having a radius rif 20,00 feet, a central angle of 102"2735", B length of 35.77 feet and a long chord bearing South 85033~38" West 31.19 to an iron pin mar\(ing li point of ending of curve on the South rlght..of-way line of West Balata Court: thence leaving said South right-of-way line North 55040'10" West 25.00 feel to a poinlon the centerline of said West Balata Court m$1dng a point of curve; thence along said centerline along the an: of a curve to the right, said curve having a radius of 350,00 feel, a centr:al angle of 20"41'29", a length of 127.01 feel and along chord bearlng . ",---......_1.......-.....)00 Exhibit C - Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007 TEALEY'S LAND SURVEYING 51 BXlUSBASt/ flQAO,OOIst, tllAHO!3102'(208}J8~ project No.: 29S1 Oate: June 2, 2006 R8\IIsed: August 16, 2006 Page 2 North 44..3'35" East 126,31 feet toa pctr'ltmarking a pOint of ending of CUM!: thence leaving Bald centerflll8 South 34'52"40" East 25.00 feet to an iron pin on said South right-of-way line of West Balats Court; thence leaving said South right-of-way line South 05'57'22" West 30.26 feet to an iron pin; thence SOUth 43'12'34" East 266;19 feet to an iron pin marking a point of curve; thence along the arc of a curve to the right, said curve having a radius of 75.00 feet, a central angle of 24'20'33" ,a length of 31.86 feet and a long chord beanng South 31'02'18" East 31.63 feet to an Iron pin marking a point of tangent; thence South 18052'01" East 77.34 feet to an Iron pm on the. East boundary of said Lot 3; thence along said East boundary South 00'48'28" West 789.24 feet to an Iron pin marking the Southeast comer of said Lot 3; thence along the Southerty boundary of said Lot 3 North 76"39'48" West 691,47 feet to an iron pin: thence continuing South 82018'37' West 505.59 feet to an Iron pin: thence continuing North 85.06'24" West 300.82 feet to an Iron pin; thence continuing South 75'59'24" West 194.94 feet to an Iron pin markin9 a point of curve; thence continuing along the arc of a curve to the left, said cUrVe having a radius of 20,00 feet, a central angle of 75038"44", a length of 26.41 feet and a long chord bearing Sc:iuth 38010'02" West 24.53 feet to an Iron pin marking a point of tangent; thence continuing South 00"20'40" West 177.81 feet to an iron pin marking a point of curve; tMence continuing along the arc of a curve to the left, said curve having a radius of 20.00 feet, a central angle of 89"32'12", a length of 31.25 feet and a long chord bearing " South 44"25'28" East 28.17 feet to an iron pin marking a point of ending of curve on laid North right-of-way line of State Highway 20; thence leaving said North rlght-of- MY line South 00'48'28" West 40.00 feet to a point on the South boundary of said section 23; thence along said. South boundary North 89011'32" West 69.52 feet to the POINT OF BEGINNING. Said parcel of land contains 20.85 acres, mOf\lor less, ~ ." \(' ",_I, . .1.\' . )lI'UBLIC "1'<~\O~ 01'<1'"\". ~~ Exhibit C - Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007 _.~ ~._~ - ~ SPtlRW'JlG SUS!llVISION ., ~~- I '~ ....:. ~" ,-; r~.:... t~ x: . l!j , I I SPURWING .. SUBOMSION i , .~ , -\ ~ "'- ~ ~ ::r () .;,,~ ':'-~. ~ ;"-::. ~. ~ , ! I , CURVE OoI,TA - - IIIJl - - - -- " .... - *" .... .... '_"'1 II .. ....... ." - MOO s;_~. .. - ....-r ..... 01.2' ,.... '--"'1 .. U ..., "'AI .... ... . ....... r II ... ",.... .... ..., - ......,... " - ..,.,. ".l' .... .... ........1 ~ ! {Ui lUA'j\". ~\L ., ..;.!:A SIll'W ~ '!J'&". .. -1'ft'Ift ..... .lJI' IlEllNIIIG HI, ;;ONfNG Il>Oi ,.... 8PUJtWING PATIO BOlDS SUBDIVISION PROPOSED MERIDIAN ANNEXATION -, . &"21 _ ''''' LllCAl!IlIN K SIf 1/4 Of'srmlIl D, VIII.. R,lll', 11.11. lfM*M. _ CllIMtf, IllHl) . E"IIIIIEERING 'SOLUTIDNSliP 151 ~ -_"""'tr. lUll e .....~ =",,,, -='_. ""'_ -.('7" *' Exhibit C - Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007 2. Legal Descriptions & Exhibit Map Depicting Boundary ofR-4 & R-8 Zones [f] TEALEV'S LAND SURVmNG , 187 E .5Olh Stf8Clt - Garoon City IIJ.\tl" j,,:ff 14 (20&) 38S-0636 F.II (lOll 385-0696 Projccr No.: 2981 ~ber 19.2006 DESCRIPI10N FOR R4lDNE SPUR WING PATIO HOMES SUBDIVISION A p8reCI of Imld beiDs a portion of Lots 2. 3 and 4 Block I oCSpwwing Subdivision 8!l fiJcd h ftlCClI'd in the office of tbc Ada Coumy Recorder. Roise. Id8bo in Book 69 of Plats at PIps 71041bru 7108, located in the SW 1/4 of SeCtion 23. TAN.. R.IW.. 8.M.. Ada Counly, Idaho. .. IDOIe perIiculuIy de8cribed .. follows: COMMENCING ala aluminum cap 1IIldinr. the SouIbwat comer or said Seclioo 23; tbeoc:e ..... the WC8Iedy bouodary of I8id 8W 1/4 of Section 23 North 00"'20'4<<)'" Batl971.56 filet to a point; thence Ioaving Il8id WCSlerly bowtdary lit right ... South 89"39'20" Eut 295.74 feet to the POINT or BEGINNING: Ihenc:e North 10058'41" E8It 195.44 "10 lid iron pill nwfdDg 1be Nonhwat comer of said LoI 3; dIcoco", the Nonherly boundary of aid Lot 3 South 11"36'59" East 106.97 fccc 10... inm pio; thence cootiDuin& Soudl6n4.S8" East 121.74 feet 10 In iron pin; Ihencc CODtinuing !kMb WI"S." EulI25.67 fed to III iron pin; lhence continUlna SoaIb 43"02'58" EaslI60.oo filld to 8ft iron pin; lheoc:e continuiua Soudl43"OO' I 2" E8llt 160.00 feet to III iron pin; thence continuin& SOUIb 52"21'14" e. 222.39 fed to IA iroo pin; tbeoc.e CODtinuing Soudl V-.....25.. Eat 290.67 feet &0 lID iron pin; thence continwJl' NoI1b 54-48'27' Eat 242.01 feet to lID iron pin; Ihcnte continuing Nonh 26-46.22.' Eat 166.21 feet 10 ID itoft pin; thence conliQuiog Norfh 19"22'3S" P.ut 116.96 feel to an itOIl pin; lhence coaIhauina North 43012').4" Welt 265.25 feet to lID iron pin nuutdlll a point of~; lhcoce t'1Wtd_... aIoo& III IK of a curve to the left. IIid curve haviDC a mdiu& 0(20.00 feet. a central qlcofl0r2T3S", a lenctb 005.77 fed aDd .Ioag chord be8rioa Scub 8S"33'31" West J 1.19 foct to an iron pin marking a point on a curve on the South riJbI-of..way lioc of West BaIata Court; Ihcnce along said South riaht~r.way line along the arc of. carre to the ri..... said ~ havina a radius 0025.00 teet. a ceoanI ansIe 0(20047.29". B Iqth of 1 J1.94 feollftd alma chord bcIrina North 44"43 '35" East 111.29 tea to III iron pill; Ihcnce Icavina aid Soulh right-of-way liDo .... IbiD NortberIy bot.mdIry of aaid Lot 4; SouIb O~0.s7.22" Walt 30.26 feet to an boD pin; thence Souab 43012'34" P..ast 266.19 fed to au iron pin mfUkina a point of curve; theoc:e along tbc tit of. curve to the risht. said ctne bPiug . mdius of 15.00 reet. a cenn! anaJc of 24'20"33", almcth 001.86 teet aad a Ioaa cbont bearing South 31002'18"' East 3..6) fat to an iron pin mukiDa a poillt ortaDJcnt; thence 2tI'-R~ Exhibit C - Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007 TEALEY'S LAND SURVEYING )$1 S 'ill/" ShIL'" Cll). .....u;{4.12OB) 3lIS-OOe Project No.: 2981 Page 2 d 2 Dale: December 19, 2006 SouIh tSOS2'Ot.. East 17.34 feet 10 an iron pin on the East boundary of said Lot3;.thcncc alclD& Slid East bowJdBry SouIh 00"48'28"" W_ 719.24 feet to an iron pin lll8Iking the Southeast comer of said Lot 3; dlencc aIoas tbD SoudMdy boundary ofsaid (.4t 3 Nortb 76-J9'W Walt 69J.47 feet 10 ..iron pin; thence c:ootiouina SouIb 82016.37'" West S05oS9 feet 10 an iron pill; lhcoce c:aatiDuina North 85006'24" West 92.41 feet 10 a point> thence lcavina said Southerly boundary of (M 3 Nor1h 05.43 '23" Wost 121.84 feel to a point; tbenoe Nortb 7S-J2')9" But 7.55 {eet to . point of curve; thence along en an: of a curve to the riabI. laid CUI'Ye bavi.. al'ldius of 550.00 fcet. IS cemraJ anglo of or4) 'SS", a length ofB3.83 feet.. 1100& chord t.rids North 79"'54.38" Eatt. 8J. 7$ foct to a point of tanaent; thence Nor1h 84016.37" ElM 292.66 feet to a point; thence II ri&htllllglCS North 05043'23" West 50.34 feet to. point of curve; thence along an arc of a curve to the left, Slid curve havios' radius of 200.00 feet, 8 central aogle 0134019'35", .Icnatb of 119.82 feet, IDd Ilona cbont bcIrins Nor1b 12653'11" Well. 118.04 feet to. point ofteDgClDt;. thence Nortb 4Ol'02'5I" W. 396.67.fccl to. point of curve: thenee aIcma an an; of a curve to the loft, Mid wrve baving. rldius ofl00.00fcet. a central anale 0122"11'42". a lc:ngtb of 38,74 feet .. a long chord t.riDs North S 1 "08' 49"' West 38.SO feet to. poi1lt; Ibeftce Nc:dt 79"01'19'" WelllI9l.OS feel to the POINT 01' BEGINNING. Said Parcel CoIdaiDS 13.80 acres. more or less. \ t:~ '\ \ I'IJ'a\"\(. ..\-<\O\"t/oo'€.l'~ "'-,.'jll.,(,!; ~tF 2911......... Exhibit C - Page 5 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007 ~ TEALEV'S LAND SUR~ :~ , 187 E 50th Street - (>urtk;n Qty, khlOO $:'i7 r,. (208. 385-0636 fa. (208) 385-0896 Project No. 2981 Pcecmbcr 19. 2006 DESCRIPTION FOR R-I ZONE SPlJRWlNG PAno HOMES SUBDIVISION A plII'CCl of laocI being I portion of Lots 2 and 3 Bloc:k 1 of Spurwing Subdivision: M filed for tcclORI in tk office of 1be Ada County Recorder Boise, Idaho iD Book 69 of PlatS II Pages 1104tbru 1108 located in !be SW1I4 ofSeetion 23. TAN.. R.IW., 8.M.. Ada County, Idaho, more particuletly de8cribcd u follows: B&GINNING . lIP alumiDum cap lllIIkina lbc Southwest corner of said Section 23: thence ... die Wcslerty bound&ay of said SW 1/4 of Scc:tion 23 Nanb 00"20'40'" Eat 324.83 feet 10 an iron pin oolbc WllIIeI'ly boundary of said Lot 3: thcQQC leaving said WCllIerIy boundaty of the SW 1/411 riaJd anaJes along said Wmcrly boundary of tot 3 SouIh 89"39'20" East 30.00 (oct 10 aD iron pin mart.in8 . point on a curve; thence ~nuUc Ilona an an: of. curve 10 Ihc Jeft, said curve havina a l'ICtiua of 20.00 feet. I central "'0 of 104"21.16'".. Jenath of36.43 feet IDd alOJll chord bearing South S J -..erst"' a.. 31.60 _to an iron pin IIIlWkiDa . poiJJl of _gcnl; thatce ~., . North 7s059.240 EaII1S6.I' feet 10 an iron pin: thcnu continuinS North 00"48.21'" Ell&J 64.90 t"eet to an iron pill; thcoce leavin, aid Westerly boundary of LoI 3 Nonb 10"SS'41" &11417.70 ileI to. point; dx.ace 50gb 79"01'19"' Pal. 198.05 Ccct to . poild on a curve; Ihca:Ie alooa IVIll1C of a DOn- tIIpal corvc to the riJbl, 8Iid curve bavin&. nIltius of 100.00 feet.. ccanl pglc of22""'42." a ...... of38.74 fed and Ilona chord bearins South S 1 "OS' 49"" Eat 38.SO feet 10 . point of lmIeRt; tbtnce South 40"02' 58" F...... 396.67 feet to a point of curve; thence along an arc of a curve tll the: riFt. .. curve b8vma al1ldius of 200.00 feet, a ('A!DtraI qle of 34"19'W.. a leDJth of 119.12 feet, and along chord beano, SouIh 22"'53'11" Eat 11'.04 feet to. point oftangcnl: thence SouIb 05043'23" East SO.34 feet to . point; thence at right ansJes South 84016']'" West 292.66 feel to II point of curve; thence Ilona an an;. of. cum: to the )cft.1Iid curve ~ a nidi. of 550.00 feet I centtal anaJe of 01'"43 'S8". alebgtb of 83.83 fed 11I:I II Ioaa dxlrd bcariD& SoaIb 79"54' 3'" West 83.75 feet 10 a point of I8nllCllt; lhmce SouIb 1S"]2.39"' Welt 7.SS led SO II point; thence SoUIb OSD43 '2)'" Rut 121.84 feet 10 II point on the SouIhc:rIy boundary of said Lot 3; thcace ... said Southerly bouadary North 8S006'24" Wcat 208.41 feet 10 an iron pin; thenI:e c:ondauins 1M..... "'--.- Exhibit C ~ Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007 TEALEY'S LAND SURVEYING 187 E, 5d" SbMl. GeldIIl'I Qr......U1...(2llClI385-0636 Prqed No.: 2981 Page 2 of 2 Dace: IJrecember 19. 2008 South 75059'24" Wat 194.94 foct 10 an iron pin marking . poinl of curve; thctJc.e comimina along Ibe arc of. curve 10 1bc left. said curve having a ndiWl of 20.00 (eel, 8. tenlnlJ .. of7SOJI'''''. a aen,th of 26.41 feet and a km8 chord beariD8 SouIb 3S010.or West 24.51 feet to an iron pin marking a point ofa..npl; thence NInIi.u.. Soutb 00020'40" West 171.61 feet. 10 an iron pin rnartiDa a point of curve; thence ~...1JonJ 11M: 8n: of a aIrYC 10 the left, Slid curve baviDS a mdius of 20.00 feet, a ccncral -.Ie of 89"32'12", a JenaIb of 31.25 feet and llong chord bearing South 44"25 .26" EaIIt 28.17 ratio III iron pin markina a poiaI of ending of CUI'Vt on said Nordlnpt-of-way line oes.. Hisfawa)' 20;1hence Icavina said NardI ripl-of,wa)' line and taid SoudBIy boundary of Lot 3 South 00"48'28'" West 40,00 foci to . point on the SouIh bouadary of said Section 23; CbcDcle 1IoDa,.w SouIb boundIIy North W'II'32" Wesr 69.52 feet to Ibe POINT or BEGINNING. Said Pan:cl COIIIIins 6. 71 acres, more or less, ;,~ (\ --~ ZIIII~ Exhibit C - Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007 ~ i Exhibit C - Page 8 '.' -;,f \1."1 ~ ~i ; ~ ~::l ~~g j ~ i~ 6~~ I '- - ~ --' ~ Vl ~ . ./ -~___ _ ~ -~ - =-:~'1M !JI'lI/IItJrk!S ".~ --=-. _/ ~ ~)o;:;i?: '__~- ---- l.. N. ~ "" ~ ...- It -.., ;~ bl.~i~ - ~-+- g; ~~ --~\'."I~~<6~\ - \1 ~ -' K' . . 0 ; ... cf (;'<1". ~ _ ~I ~l1> ~o-'"" ~l, ~ ~ ~:; 't..; I I ~e 5: ~t::IL. ~ l'~~ : l:l ti::"; 'b.....' " !I't ,,-' t? <:s. 'iI' 1C'.1l " ,. \,\ ~ !; ;,~~,.'~ --_u~=---~--7 : \, 1= ~4:$->>.,? Jf'iij' I ~.,.. ~~:~, ~.'^ I ~ ,+ ";,, I ,-, / ,~' >- L ~'/~.. i o ~ Ji r! '.: . ) j ,.:, =r. ~ - "")1I~,,,J ~ ~ ~~' "i?~, /4> ,~ .. .' ,~ .,...",' ~ '" (:::> , I { .. '.: .~~ "ri71 -'i 1..;l.t;.. ~: ':!" 1'(' ......' b i~ I GO",- ,~ : ! i"' . ,::.;;::/ - " " . , :mrr..~ _.,-",. . \.. . ~-- ...,~. ----- "- .. I ' · -~~ --~ ;:l- I J ' ! j~'i d . Ij\ ~\w ~~ j 'bi~ ,~ "''' ".. ll~'" . ., -; I ~ '1~ ;a , . ~s "J..~ ~. ,.E,. t~ .. ,"'~'... ~ ,i .- - - ~- - .....-."-:-.-- ...iai.~ - - \ ~ ~. (~ ~~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: A. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to R-8. The Council fmds that a more appropriate map amendment would reflect a split zoning ofR-4 for the lots proposed for detached units and R-8 for the lots proposed for attached units in compliance with the applicable provisions ofthe Comprehensive Plan. B. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; As proposed on the revised plat dated 12/13/06, the Council finds that the development of this property will comply with the established regulations and purpose statement of the residential districts. C. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council fmds that the proposed zoning amendment should not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when detennining this fmding. D. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council finds that the proposed zoning amendment, as amended with both R-4 and R-8 zones, will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. E. The annexation is in the best of interest of the City (UDC 11-5B-3.E). The Council fmds that all essential services can be made available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The Council fmds that annexinlZ the subiect property to R-4 and R-8 is in the best interest of the Citv at this time. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan; Exhibit D - Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007 The Council fmds that the proposed revised preliminary plat (dated 12/13/06) conforms to the applicable provisions of the Comprehensive Plan. B. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council fmds that public services can be made available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, the Council finds that the subdivision will not require the expenditure of capital improvement funds. D. There is public financial capability of supporting services for the proposed development; Staff recommends that the Commission & Council rely upon comments from the public service providers (i.e., police, fire, ACHD, etc.) to determine this finding. (See finding Items 3 and 4 above under Annexation Findings, and Exhibit B for more detail.) E. The development will not be detrimental to the public health, safety or general welfare; and The Council is not aware of any health, safety or environmental problems associated with the development of this subdivision. ACHD and ITD consider road safety issues in their analysis. Staff recommends that the Commission & Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff and the Commission IS unaware. F. The development preserves significant natural, scenic or historic features. The Council is unaware of any natural, scenic or historic features on this site. Therefore, the Council fmds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to detennine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which Staffis unaware. 3. Variance Findings: The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11-5B-4E of the UDe to review the variance request. In order to grant a variance, the Council shall make the following findings: A. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: The UDC requires that no block face be more than 750-feet in length without an intersecting street or alley or that no block face shall have a length greater than 1,300-feet Exhibit D - Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6,2007 without a connecting pedestrian open space and pathway. Therefore, ifthe City grants the variance it would allow a right or privilege not usually allowed in a residential district. However, since the property is irregularly shaped and the existing surrounding development does not stub or have pedestrian connections to this property, Council believes the variance requested should be granted. This site is such that full compliance with the UDC standards would be relatively impossible and cause an undue hardship to the applicant. B. The variance relieves an undue hardship because of characteristics of the site; Council finds that this is an irregularly shaped lot, which limits design alternatives that would allow for shorter block lengths. Further, the existing surrounding development does not provide any stub streets or pedestrian connections to this property which would allow the applicant to comply with the DDC. For these reasons, Council believes that a variance would relieve an undue hardship to the applicant because of the characteristics of the site. c. The variance shall not be detrimental to the public health, safety, and welfare. Council finds that granting the subject variance should not be detrimental to the public health, safety, or welfare. Further, Council recognizes that this is an unusually shaped property and existing site conditions restrict compliance with the ordinance. However, if the City grants the variance it would allow a right or privilege not usually allowed in a residential district. Council believes that in this case, site conditions are such that would cause an undue hardship to the applicant and that a variance should be granted. Council further requires that development of this property be required to comply with all other dimensional standards of the UDC. Exhibit D - Page 3