HomeMy WebLinkAboutSpurwing Subdivision AZ PP VAR
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
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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
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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
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007
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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 bå
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,
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Exhibit C - Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007
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8PUJtWING PATIO BOlDS SUBDIVISION
PROPOSED MERIDIAN ANNEXATION
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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.
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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~
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,
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,
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Exhibit C - Page 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007
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Exhibit C - Page 8
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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