Spurwing Patio Homes Subdivision AZ 06-043ADA COUNTY.RECORDER J. DAVID NAVARRO AMOUNT .00 56
BOISE IDAHO 08123/07 04:44 PM
DEPUTY Gail Garrett
RECORDED -REQUEST OF ��'� IIILIIIIIIIIIIIIIIIIIIIIIIIIIII ���
Meridian City 107119572
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Pacific Links Ltd. Partnership, Owner
3. Spurwing Limited Partnership, Developer/Owner
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and
entered into this ILOO", day of TunL , 2007, by and between City of
Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, Spurwing
Limited Partnership whose. address is 200 N. Fourth Street, Suite 20313oise, ID 83702,
hereinafter called DEVELOPER/OWNER, and Pacific Links Ltd. Partnership, whose address
is 6800 N. Spurwing, Meridian, Idaho 83642, hereinafter called OWNERS.
1. RECITALS:
1.1 WHEREAS, Developer/Owner and Owners are the sole owners, in
law and/or equity, of certain tract of land in the County of Ada, State
of Idaho, described in Exhibit A for each owner, which is attached'
hereto and by this reference incorporated herein as if set forth in full,
herein after referred to as the Property; and
1.2 WHEREAS, I.C. § 67-6511 A, Idaho Code, provides that cities may,
by ordinance, require or permit as a condition of re -zoning that the
Developer/Owner and/or Owners make a written commitment
concerning the use or development of the subject Property; and
1.3 WHEREAS, City has exercised its statutory authority by the
enactment of the Meridian Unified Development Code, which
authorizes development agreements upon the annexation and/or re-
zoning of land; and
1.4 WHEREAS, Developer/Owner has submitted an application for
annexation and re -zoning of the Property described in Exhibit A, and
has requested a designation of R-4 (Medium -Low Density Residential
District) and R-8 (Medium Density Residential District), Municipal
Code of the City of Meridian; and
1.5 WHEREAS, Developer/Owner and/or Owners made representations
at the public hearings both before the Meridian Planning & Zoning
Commission and before the Meridian City Council, as to how the
DEVELOPMENT AGREEMENT (AZ 06-043) SPURWING PATIO HOMES SUBDIVISION
PAGE 1 OF 10
subject Property will be developed and what improvements will be
made; and
1.6 WHEREAS, record of the proceedings for the requested annexation
and zoning designation of the subject Property held before the
Planning & Zoning Commission, and subsequently before the City
Council, include responses of government subdivisions providing
services within the City of Meridian planning jurisdiction, and
received further testimony and comment; and
1.7 WHEREAS, City Council, the 20'h day of February, 2007, has
approved certain Findings of Fact and Conclusions of Law and
Decision and Order, set forth in Exhibit B, which are attached hereto
and by this reference incorporated herein as if set forth in full,
hereinafter referred to as (the Findings); and
1.8 WHEREAS, the Findings require the Developer/Owner and/or
Owners to enter into a development agreement with relation to the R-
4 (Medium -Low Density Residential District) and R-8 (Medium
Density Residential Density) before the City Council takes final
action on annexation and zoning designation; and
1.9 DEVELOPER/OWNER and/or OWNERS deem it to be in their
best interest to be able to enter into this Agreement and acknowledges
that this Agreement was entered into voluntarily and at their urging
and requests; and
1.10 WHEREAS, City requires the Developer/Owner and/or Owners to
enter into a development agreement for the purpose of ensuring that
the Property is developed and the subsequent use of the Property is in
accordance with the terms and conditions of this development
agreement, herein being established as a result of evidence received
by the City in the proceedings for zoning designation from
government subdivisions providing services within the planning
jurisdiction and from affected property owners and to ensure re-
zoning designation is in accordance with the amended
Comprehensive Plan of the City of Meridian adopted August 6, 2002,
Resolution No. 02-382, and the Zoning and Development Ordinances
codified in Meridian City Code Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set
forth herein, the parties agree as follows:
DEVELOPMENT AGREEMENT (AZ 06-043) SPURWING PATIO HOMES SUBDIVISION
PAGE 2 OF 10
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words,
terms, and phrases herein contained in this section shall be defined and interpreted as herein
provided for, unless the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
subdivision of the state of Idaho, organized and existing by virtue of
law of the State of Idaho, whose address is 33 East Idaho Avenue,
Meridian, Idaho 83642.
3.2 DEVELOPER/OWNER: means and refers to Spurwing Limited
Partnership, whose address is 200 N. Fourth, Suite 203, Boise, Idaho
83702, the party developing and owning a portion of said Property
and shall include any subsequent developer(s) and/or owner(s) of the
Property.
3.3 OWNERS: means and refers to Pacific Links Ltd. Partnership,
whose address is 6800 N. Spurwing Way, Meridian, Idaho 83642the
parties that own a portion of said Property and shall include any
subsequent owner(s) of the Property.
3.4 PROPERTY: means and refers to that certain parcel(s) of Property
located in the County of Ada, City of Meridian as described in
Exhibit A describing the parcels to be re -zoned R-4 (Medium -Low
Density Residential District) and R-8 (Medium Density Residential
District) attached hereto and by this reference incorporated herein as
if set forth at length.
4. USES PERMITTED BY TRIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses
allowed under City's Zoning Ordinance codified at Meridian City
Code Section 11 which are herein specified as follows:
Construction of 65 single family residential building lots consisting
of 30 attached units and 35 detached units and 5 common lots in
the proposed R-4 and R-8 zones on 20.65 acres, and the pertinent
provisions of the City of Meridian Comprehensive Plan are
applicable to this AZ 06-043 application.
DEVELOPMENT AGREEMENT (AZ 06-043) SPURWING PATIO HOMES SUBDIVISION
PAGE 3 OF 10
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
5.1. Developer/Owner and/or Owner shall develop the Property in accordance
with the following special conditions:
1. 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.
2. 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.
3. Secondary access to the subdivision as provided on the preliminary plat at
the southwest corner 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.
6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and
the commitments contained herein shall be terminated, and the zoning designation reversed,
upon a default of the Developer/Owner and/or Owners or Developers/Owners and/or Owners
heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing
Development of Subject Property" of this agreement within two years of the date this
Agreement is effective, and after the City has complied with the notice and hearing
procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or
recodifications thereof.
7. CONSENT TO DE -ANNEXATION AND REVERSAL OF
ZONING DESIGNATION: Developer/Owner and/or Owners consent upon default to the
reversal of the zoning designation of the Property subject to and conditioned upon the
following conditions precedent to -wit:
7.1 That the City provide written notice of any failure to comply with this
Agreement to Developer/Owner and/or Owners and if the
Developer/Owner and/or Owners fails to cure such failure within six
(6) months of such notice.
DEVELOPMENT AGREEMENT (AZ 06-043) SPURWING PATIO HOMES SUBDIVISION
PAGE 4 OF 10
8. INSPECTION: Developer/Owner and/or Owners shall, immediately upon
completion of any portion or the entirety of said development of the Property as required by
this agreement or by City ordinance or policy, notify the City Engineer and request the City
Engineer's inspections and written approval of such completed improvements or portion
thereof in accordance with the terms and conditions of this Development Agreement and all
other ordinances of the City that apply to said Development.
9. DEFAULT:
9.1 In the event Developer/Owner and/or Owners, or Developer/Owner's
and/or Owners' heirs, successors, assigns, or subsequent owners of
the Property or any other person acquiring an interest in the Property,
fail to faithfully comply with all of the terms and conditions included
in this Agreement in connection with the Property, this Agreement
may be modified or terminated by the City upon compliance with the
requirements of the Zoning Ordinance.
9.2 A waiver by City of any default by Developer/Owner and/or Owners
of any one or more of the covenants or conditions hereof shall apply
solely to the breach and breaches waived and shall not bar any other
rights or remedies of City or apply to any subsequent breach of any
such or other covenants and conditions.
10. REQUIREMENT FOR RECORDATION: City shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
Developer/Owner's and/or Owners' cost, and submit proof of such recording to
Developer/Owner and/or Owners, prior to the third reading of the Meridian Zoning
Ordinance in connection with the re -zoning of the Property by the City Council. If for any
reason after such recordation, the City Council fails to adopt the ordinance in connection
with the annexation and zoning of the Property contemplated hereby, the City shall execute
and record an appropriate instrument of release of this Agreement.
11. ZONING: City shall, following recordation of the duly approved Agreement,
enact a valid and binding ordinance zoning the Property as specified herein.
12. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by the City or Developer/Owner and/or Owners, or by any successor or
successors in title or by the assigns of the parties hereto. Enforcement may be sought by an
appropriate action at law or in equity to secure the specific performance of the covenants,
agreements, conditions, and obligations contained herein.
12.1 In the event of a material breach of this Agreement, the parties agree
that City and Developer/Owner and/or Owners shall have thirty (30)
days after delivery of notice of said breach to correct the same prior to
DEVELOPMENT AGREEMENT (AZ 06-043) SPURWING PATIO HOMES SUBDIVISION
PAGE 5 OF 10
the non -breaching party's seeking of any remedy provided for herein;
provided, however, that in the case of any such default which cannot
with diligence be cured within such thirty (30) day period, if the
defaulting party shall commence to cure the same within such thirty
(3 0) day period and thereafter shall prosecute the curing of same with
diligence and continuity, then the time allowed to cure such failure
may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
12.2 In the event the performance of any covenant to be performed
hereunder by either Developer/Owner and/or Owners or City is
delayed for causes which are beyond the reasonable control of the
party responsible for such performance, which shall include, without
limitation, acts of civil disobedience, strikes or similar causes, the
time for such performance shall be extended by the amount of time of
such delay.
13. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed
under Meridian City Code, to insure that installation of the improvements, which the
Developer/Owner and/or Owners agree to provide, if required by the City.
14. CERTIFICATE OF OCCUPANCY: The Developer/Owner and/or Owners
agree that no Certificates of Occupancy will be issued until all improvements are completed,
unless the City and Developer/Owner and/or Owners have entered into an addendum
agreement stating when the improvements will be completed in a phased developed; and in
any event, no Certificates of Occupancy shall be issued in any phase in which the
improvements have not been installed, completed, and accepted by the City.
15. ABIDE BY ALL CITY ORDINANCES: That Developer/Owner and/or
Owners agree to abide by all ordinances of the City of Meridian and the Property shall be
subject to de -annexation if the owner or his assigns, heirs, or successors shall not meet the
conditions contained in the Findings of Fact and Conclusions of Law, this Development
Agreement, and the Ordinances of the City of Meridian.
16. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three (3) days after
deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt
requested, addressed as follows:
CITY:
DEVELOPER/OWNER:
c/o City Engineer Spurwing Limited Partnership
City of Meridian 200 N. Fourth Street, Suite 203
DEVELOPMENT AGREEMENT (AZ 06-043) SPURWING PATIO HOMES SUBDIVISION
PAGE 6 OF 10
33 E. Idaho Ave. Boise, ID 83702
Meridian, ID 83642
OWNERS:
Pacific Links Ltd. Partnership
6800 N. Spurwing Way
Meridian, ID 83642
with copy to:
City Clerk
City of Meridian
33 E. Idaho Avenue
Meridian, ID 83642
16.1 A party shall have the right to change its address by delivering to the
other party a written notification thereof in accordance with the
requirements of this section.
17. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to
any other relief as may be granted, to court costs and reasonable attorney's fees as
determined by a Court of competent jurisdiction. This provision shall be deemed to be a
separate contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree
that time is strictly of the essence with respect to each and every term, condition and
provision hereof, and that the failure to timely perform any of the obligations hereunder shall
constitute a breach of and a default under this Agreement by the other party so failing to
perform.
19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon
and inure to the benefit of the parties' respective heirs, successors, assigns and personal
representatives, including City's corporate authorities and their successors in office. This
Agreement shall be binding on the Developer/Owner and/or Owners of the Property, each
subsequent owner and any other person acquiring an interest in the Property. Nothing herein
shall in any way prevent sale or alienation of the Property, or portions thereof, except that
any sale or alienation shall be subject to the provisions hereof and any successor owner or
owners shall be both benefited and bound by the conditions and restrictions herein expressed.
City agrees, upon written request of Developer/Owner and/or Owners, to execute
appropriate and recordable evidence of termination of this Agreement if City, in its sole and
DEVELOPMENT AGREEMENT (AZ 06-043) SPURWING PATIO HOMES SUBDIVISION
PAGE 7 OF 10
reasonable discretion, had determined that Developer/Owner and/or Owners have fully
performed its obligations under this Agreement.
20. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to be excised from
this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between Developer/Owner and/or
Owners and City relative to the subject matter hereof, and there are no promises, agreements,
conditions or understanding, either oral or written, express or implied, between
Developer/Owner and/or Owners and City, other than as are stated herein. Except as herein
otherwise provided, no subsequent alteration, amendment, change or addition to this
Agreement shall be binding upon the parties hereto unless reduced to writing and signed by
them or their successors in interest or their assigns, and pursuant, with respect to City, to a
duly adopted ordinance or resolution of City.
21.1 No condition governing the uses and/or conditions governing re -zoning of the
subject Property herein provided for can be modified or amended without the
approval of the City Council after the City has conducted public hearing(s) in
accordance with the notice provisions provided for a zoning designation
and/or amendment in force at the time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be
effective on the date the Meridian City Council shall adopt the amendment to the Meridian
Zoning Ordinance in connection with the annexation and zoning of the Property and
execution of the Mayor and City Clerk.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
DEVELOPER / OWNER:
SPURWING LIMITED PARTNERSHIP
By:
OWNERS:
PACIFIC LINKS LTD. PARTNERSHIP
DEVELOPMENT AGREEMENT (AZ 06-043) SPURWING PATIO HOMES SUBDIVISION
PAGE 8 OF 10
Attest:
CITY CLERK
STATE OF IDAHO, )
ss
County of Ada,
On this _
undersigned, a Notary
By:
CITY OF MERIDIAN
By:
MAYOR Tgq4Y de WEERD
e City Council
�o
SEAL =
9
1
�rrrrrri
lilt 1
day of
Public in and
of
executed the same on behalf of said
2007, before me, the
5r said State, personally appeared
or identified to me to be the
Partnership, acknowledged to me that they
IN WITNESS W REOF, I hereunto set my hand and affixed my
official seal the day and year ' this ce i e first above written.
(SEAL)
Notary Public for Idaho
Residing at:
My Commission Expires:
DEVELOPMENT AGREEMENT (AZ 06-043) SPURWING PATIO HOMES SUBDIVISION
PAGE 9 OF 10
STATE OF IDAHO )
ss.
County of Ada
On this, —WI' day of,. TuAt' , in the year 2007, before me,
--I "gAk— Z U-� , a Notary Public in and for said State, personally appeared JOHN
W. HEWITT, known or identified to me to be the President of SPURWING CORPORATION, an
Idaho corporation, the general partner of SPURWING LIMITED PARTNERSHIP, an Idaho limited
partnership, the partnership that executed the within instrument or the person who executed the
instrument on behalf of said partnership, and acknowledged to me that said partnership executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in said
County the day and year first above written.
A KEcl
oTARY
NOTARY PUBL FOR r6AHO
Residing at Idaho
My commission expires: MY MMMISSION EXPIRES
November 15, 2012
BONDED THRU NOTARY PUBLIC UNDERWRITERS
""k,,14rA TE X
"IM000
STATE OF IDAHO, )
ss
County of Ada,
On this ► ($44' day of )yw' , 2007, before me, the
unde signed,Not Public in and for said State, personally appeared
�.� 0 • i
-L , known or identified to me to be the
lll/`ajw /-,V' of Pacific Links Ltd. Partnership, acknowledged to me that
they executeg the same on behalf of said church.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
10
IyOTAR y ••'
PUBLIC
STATE OF IDAHO )
County of Ada
ss
�-Iw - &L'b
Notary Pub is for aho
Residing at: its
My Commission Expires: My Comm,,%0 uNpMUS
November 15, 2012
BONDED THRU NOTARY PUBLIC UNDERWRITERS
On this - IqtK day of AUWSIL , 2007, before me, a Notary
Public, personally appeared Tammy de Weerd.And William G. Berg, Jr., know or identified
to me to be the Mayor and City Clerk, respectively, of the City of Meridian, who executed
the instrument or the person that executed the instrument of behalf of said City, and
acknowledged to me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
***geese
(SEAL) ,-pTA* �' •
G 0•
••`.9; E R.F.
1h () t'X
otary Public for Idaho
Residing at: CCLIdwou 1�
Commission expires: t&(1-11
DEVELOPMENT AGREEMENT (AZ 06-043) SPURWING PATIO HOMES SUBDIVISION
PAGE 10 OF 10
Annexation Legal Description & Exhibit Map
1. Overall Annexation Boundary Legal Description & Exhibit Map
TEALEY'S LAND 2501 Bogus Basin Rd. • Boise, Idaho 83702
SURVEYING (268) 385-0636
Fax (208) 388-0898
Project, No.: 2981
Date: June 2, 2008
Revised: August 16, 2006
ANNEXATION DESCRIPTION FOR
SPURWING PATiO HOMES SUBDIVISION
A parcel of land being a portion of Lots 2 and 4 and all of Lot 3 of Block 1 of
Spurwing Subdivision, as filed for record in the office of the Ada County Recorder, Boise,
Idaho in Book 69 of Plata at pages 7104 thru 7108. and a portion of the SW 1/4 of
Section 23, TAN., RAW., B.M., Ada County, Idaho and more particularly described as
follows:
BEGINNING at a brass cap marking the Southwest corner of the said Section 23:
thence along the Westerly boundary of the sold SW 1/4 of Section 23; thence
North 00"20'40" East 324.83 feet to an iron pin; thence said Westerly boundary
South 89139'20" East 30.00 feet to an Iron pin marking a point of curve: thence
continuing along an arc of a curve to the left, said curve having a radius of 20,00 feet, a
central angle of 104°21'16", a length of 36.43 feet and a long chord bearing
South 51°4958" East 31.60 feet to an Iron pin marking a point of tangent; thence
continuing
North 75'5724" East 156.18 feet to an Iron pin; thence continuing
North 00'48'28" East 164 90 feet to an iron pin; thence leaving said Westerly
boundary
North 10'58'41" East 673.13 feet to an iron pin marking the Northwest comer of
said Lot 3; thence along the Northerty boundary of sold Lot 3
South 78138'59" East 106.97 feet to an iron pin; thence continuing
South e2624'58" East 127.74 feet to an iron pin; thence continuing
South SW13'58" East 125.67 feet to an Iron pin; thence continuing
South 43°02"58" East 160.00 feet to an Iron pin; thence continuing
South 43'00'12" East 160.00 feet to an Iron pin; thence continuing
South 5Y28'14" East 222.39 feet to an Iron pin; thence continuing
South 87°44'25" East 290.67 feet to an Iron pin; thence continuing
North 54.48'27" East 242.01 feet to an iron pin; thence continuing
North 28`48'22" East 166.21 feet to an Iron pin; thence continuing
North 18'22'35" East 116.96 feet to an Iron pin; thence continuing
North 43°12'34" West 265.25 feet to an Iron pin marking a point of curve; thence
continuing along an arc of a curve to the left, said curve having a radius of 20.00 feet, a
central angle of 102°2735", a length of 35.77 feet and a long chord bearing
South 85"33'38" Weat 31.19 to an Iron pin marking a point of ending of curve on
the South right-of-way line of West Bahia Court; thence leaving said South right -of -tray
fine
North 55°40'10" West 25.00 feet to a point an the centers ne of said West Balsta
Court marking a point of curve; thence along said centerline along the are of a curve to
the right, sold curve having a radius of 350.00 feet, a central angle of 20'47'29", a length
of 127.01 feet and a long chord bearing
Co.- 6n7 0"onCrdtanllp-0Y 600 -)k
TEALEY'S LAND SURVEYING 25oreoalua�suua0a0,eas rouloatrorsr;w
Projed No.: 2981 Page 2
Date: June 2, 2006
Revised: August 16, 2006
North 44143135" East 126.31 feet to a point marking a point of ending of curve:
thence leaving said centerline
South 34°52"40" East 25.00 feet to an Iron pin on said South right-of-way line of
West Balsta Court; thence leaving said South right-oPway 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 bearing
South 31°02'18" East 31.63 feet to an Iron pin marking a point of tangent; thence
South 16°52'01" East 77,34 feet to an Iron pin on the East boundary of sold 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 Southerly boundary of said Lot 3
North 76.39'48" West 691.47 feet to an Iron pin: thence continuing
South 82"18`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 marking 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 75"38'44", a length of 26.41 feet and a long chord bearing
South 38'10'02" West 24.53 feet to an Iron pin marking a point of tangent; thence
continuing
South 00°20140" West 177.61 feet to an Iron pin marking 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 89'32'12", a length of 31.25 feet and a tang chord bearing
. South 4425'28" East 26.17 feet to an Iron pin marking a point of ending of curve
on said North right-of-way line of State Highway 20; thence leaving said North right-of-
way fine
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 89'11'32" West 69.52 feet to the POINT OF BEGINNING.
Said parcel of land contains 20.65 acres, more of fess.
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TEALEY'S LAND SURVEYING �ar�so�ac,cer.ressfti,asaae
Propa No.: 2981
Date: December 19, 2006
Page 2 of 2
South 18°52'01" East 77.34 feet to an iron pia on the East boundary of said Lot 3; thence
Wong said Fast boundary
South 00048'28" West 789.24 feet to an iron pin a w ing the, Southeast comer of said
Lot 3; thence along the Southerly boundary of said Lot 3
North 76°39'48" West 691.47 feet to an iron pin; thence continuing
South 82°16'37" West 505.59 feet to an iron pin: thence continuing
North 85006'24" West 92.41 feet to a point; thence leaving said Southerly boundary of
Lot 3
North 05'43'23" West 121.84 feet to a point; thence
North 75"32'39" Fast 755 feet to a point of curve; thence along an arc of a curve to the
right, said curve having a radius of 550.00 feet, a central angle of 08°43'58". a length of 83.83
feet and a long chord beating
North 79°54'38" East 83.75 fat to a point of tangent; thence
North 84016'37" East 292.66 feet to a point; thence at right anglts
North 05043'23" West 50.34 feet to a point of curve; thence along an arc of a curve to the
lett, said curve having a radius of 200.00 feet, a central angle of 34019'35", a length of 119.82
feet, and a long chord bearing
North 22°53'11" West 118.04 feet to a point of tangent; thence
North 40°02'58" West 396.67 feet to a point of curve; thence along an arc of a curve to
the lett, said curve having a radius of 100.00 feet, a central angle of 22011'42", a length of 38.74
fat and a long Chord bearing
North 310081491 West 38.50 feet to a point; them
North 79001'19" West 198.05 feet to the ROM OP BEGINNMG.
Said Parcel Contains 13.80 acres, more or less.
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TEALEY'S LAND 187 E 50th Street • C,acden Gtty, Idaho 837 14
SURVEYING (noe) 3et;46M
Fax (208) 986-06%
Project No. 2981
December 19, 2006
DESCRIPTION FOR R-8 ZONE
SPURWFNG PATIO HOMESSt1BDIVISION
A parcel of land being a portion of Lots 2 and 3 Block 1 of Spurwing Subdivision as fated
for record in the office of the Ada County Recorder Boise, Idaho in Book 69 of Plats at Pages
7104 thru 7108 located in the SW 1/4 of Section 23, TAN- IL I W, B.M.. Ada County, Idaho,
more paiticulariy described as follows:
BEGINNING at am aluminum cap marking the Southwest corner of said Section 23;
thence along the Westerly boundary of said SW 1/4 of Section 23
North 00°20'40" Fest 324.83 feel to an iron pin on the Westerly boundary of said Lot 3;
thence leaving said Westerly boundary of the SW 1/4 at right angles along said Westerly
boundary of Lot 3
South 89°39'20" East 30.00 feet to an iron pin marking a point on a verve; thence
continuing along an are of a curve to the left, said curve having a radius of 20.00 fen, a central
angle of 104°21'16". a length of 36.43 fen and a long chord bearing
South 51°49'58" East 31.60 Fed to an iron pin meriting a point of tangent; thence
continuing
North 75659'24" East 156.18 feet to an iron pin; theme continuing
North 00°48'28" East 164.90 fat to an iron pin; thence leaving said Westerly boundary
of Lot 3
North 10°58'41" East 477.70 feet to a point; thence
South 79'01' 19" Fast 198.05 feet to a point on a curve. thence along an are of a non-
taagentsave to the right, add curve having a radius of 100.00 feet, a central angle of 22°1 1'42",
a length of 38.74 feet and a long chord bearing
South 51'08'49" East 38.50 feet to a point of tangent; them
South 40°02'58" East 396.67 feet to a point of curve; thence along an are of a curve to
the right, said curve having a radius of 200.00 feet, a central angle of 3449'35", a length of
119.82 feet, and a long chord bearing
South 2r53'1 I" Ease 118.04 fat to a point of tangent, theme
South 05°43'23" East 50,34 fat to a point; thence at right angles
South WI 6,3r Wen 292.66 feet to a point of curve; thence along an are of a curve to
the left, said curve having a radius of 550.00 feet. a ontral eagle of 08°43'58': a length of 83.83
fat and a long chard bearing
South 79054'38" West 83.75 fat to a point of tangent; thence
South 75°32'39" West 7.55 feet to a pouts; thence
South 03°43123" Past 121.84 fat to a point on the Southerly boundary of said Lot 3;
thence along said Southerly boundary
North 85°06'24" West 208.41 fat to an iron pin; thence continuing
TEALEY'S LAND SURVEYING ,s7 F- 5& sweet, owoRcijy. iann w(jvw %saws
Project No.: 2981
We: December 19, 2006
Page 2 of 2
South 75°59'24" West 194.94 feet to an iron pin marling a point of curve; thence
continuing along due arc of a curve to the left, said curve having a radius of 20.00 feet, a central
Mee of 7538'44", a length of 26.41 feet and a long chord bearing
South 38"10'02" West 24.53 feet to an iron pin marking a point of tangent; thence
continuing
South 00°20'40" West 177.61 feet to an iron pin marking a point of curve; thence
continuing along the arc of a curve to the lek said cum having a radius of 20.00 fee4 a astral
angle of 89°32' 12", a length of 31.25 feet and a long chord bearing
South 44025'26" Fast 28.17 feet to an icon pin marking a point of ending of curve on said
North right-of-way line of State Highway 20; thence leaving said North right-of-way line and
said Southerly boundary of W 3
South 00°48128" West 40.00 feet to a point on the South boundary of said Section 23;
thence along said South boundary
North W1 1132" West 69.52 feet to die 1fOW OF MGINi M.
Said Parcel Contains 6.77 acres, more or less.
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
i
r.
,407 0F '
CM
erri�n
ID1W0 1j
a
In the Matter of Annexation and Zoning (AZ) of 20.65 acres from RR (Ada County) to R4
(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 (VAR) 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, & VAR -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
1. 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
1. 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. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 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, & VAR -06-020
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
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 § 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, & VAR -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 -613 -
TA, 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
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 § 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, & VAR -06-020
By action of the City Council at its regular meeting held on the day of
2007.
COUNCIL MEMBER DAVID ZAREMBA VOTED-9'-�-
COUNCIL MEMBER JOE BORTON VOTED—�
COUNCIL MEMBER CHARLIE ROUNTREE VOTED-6L�
COUNCIL MEMBER KEITH BIRD VOTED
1'
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
Maygt T"- � e Wgerd
Attest:
William G. Berg, Jr., City Merk = ��
Copy served upon Applicant, The Planning Depaftm ,Public Works Department and City
Attorney.
By: CSV LGu uYtDated: 0E -?7101
City Clerk
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ -06-043, PP -06-045, & VAR -06-020
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007
I
STAFF REPORT Hearing Date: February 6, 2007 +
(Continued from December 12, 2006 and �,�,� OF
January 9, 2007) c YL[i'
IDAHO 1'
TO: Mayor & City Council
FROM: Sonya Watters, Associate City Planner
Mike Cole, Development Services Coordinator
208-884-5533
SUBJECT: Spurwing Patio Homes Subdivision
AZ -06-043
Annexation and Zoning of 20.65 acres from RR (Ada County) to
R-4 (Medium .Dw- eztsityevidential) and R-8 (Medium Density
Residential).
PP -06-045
Preliminary Plat of -�4 0 single-family residential building lots sonsic 'nu of
30 attached units and 35 detached units and 6 5 common lots on 20.51
acres in a proposed R-8 zone.
VAR -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 11 -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
Mile Road/Chinden 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 1, 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 of Impact.
2. SUMMARY RECOMMENDATION
The subject applications (AZ, PP, VAR) 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, PP -06-045, VAR -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-06-045NAR-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 2"d 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 Planning and Zoning Commission heard these items on October 19, 2006,
November 2 2006 and November 16 2006. At the public hearing on November 16, 2006
they moved to recommend denial.
a. Summary of Commission Public Hearings:
L In favor: Beckv McKay. Engineering Solutions (applicant/owner's
representative),• Jock Hewitt, Spurwing Limited Partnership
(applicant/owner),• Tina Rice; Myron Tucker; and Ed Davis (read letter
written by Donna Larsen, General Manager Spurwing Country Club, on
behalf of Spurwing Country Club)
ii. In opposition: Ron Ashley, Ginna Engle (also speaking for other
homeowners in Spurwing Subdivision), Byron Brown (also speaking for
Beverly Brown) Joy Compton, Bob Trerise. Grant Peterson, and Andrea
Nist Fifteen other people sinned their names on the sign -in sheet provided at
the meeting in opposition to the project but did not speak during the hearing
(see sign -in sheet from November 16, 2006 meeting)
iii. Commenting: None
iv. Staff presenting application: Sonya Watters
v. Other staff commenting on application: Caleb Hood
b. Key Issues of Discussion by Commission:
i. Proposed lot sizes/transition from existing 1 -acre lots along the north
boundary;
ii. Proposed density;
W. Increased traffic/access onto Chinden Boulevard;
iv. Resident opposition to proiect
c. Key Commission Changes to Staff Recommendation:
L Commission voted to recommend denial of the proiect.
d. Outstanding Issue(s) for City Council:
L The Planning & Zoning Commission is recommending denial of the project.
n ....
4z.- ie fnr Aamol nn ennAttinne are
ii. Applicant has submitted a revised plat, dated November 22, 2006 (see
paragraph below).
Since the Commission meeting on November 16''', the applicant has submitted a revised
1) Total lot count has been reduced by 2 building lots to 69 buildinz lots;
2) The buildinz lots alonz the northern boundary have increased in size providing
more of a transition in lot sizes to the exisdnz I -acre lots to the north;
Spurwing Patio Homes Subdivision AZ-06-043/PP-06-045NAR-06-020
PAGE 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007
3) The open space alone the northern boundary, west of the common area between
Lots 42 & 44, has been removed Visibility of the common areas located behind the
buildine lots was noted as a concern by the Police Department
4) Some of the attached units oriPinally shown alone the north boundary have been
relocated to the west boundary.
Staff has reviewed the revised plat and all lots meet the dimensional standards of the proposed
R-8 zone. However, Staff has not updated the staff report below to reflect the revised plat, as
the Commission reviewed and made a decision on the previous version. The Police
Department has not commented on the revised plat The Commission also has not reviewed or
commented on the revised plat
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Spurwing Patio Homes Subdivision AZ-06-043/PP-06-045NAR-06-020
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Spurwing Patio Homes Subdivision AZ-06-043/PP-06-045NAR-06-020
PAGE
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 VAR -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 VAR -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 annexation
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 VAR -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 Road/Chinden Boulevard intersection;
S.W. '/< of Section 23, TAN., R.1 W.
b. Owner:
Spurwing Limited Partnership/Pacific Links Ltd. Partnership
200 N. Fourth Street, Suite 203/6800 N. Spurwing Way
Boise, ID 83702/Meridian, ID 83642
c. Applicant:
Spurwing Limited Partnership
200 N. Fourth Street, Suite 203
Boise, ID 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 of 73
single-family residential building lots and 6 common lots, and a Variance from UDC 11 -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 of the proposed lots meet the minimum dimensional standards of the 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 4.45 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 of landscape plan (attached in Exhibit A): 5/28/06
Spurwing Patio Homes Subdivision AZ-06-043/PP-06-045NAR-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 of the 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 of the 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 2id and 16d', 2006 (Commission); November
20'b and December 4`h, 2006 (Council)
e. Radius notices mailed to properties within 300 feet on: September 22nd, 2006 (Commission);
November 170'. 2006 (Council)
f. Applicant posted notice on site by: October 7d', 2006 (Commission); December 2'd. 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 1 -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 R4, R-15, and C -C.
3. South: Spurwing Golf Course, zoned RR (Ada County); South of Chinden, 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-06-045NAR-06-020
PAGE
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 of Idaho,
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 of buffer(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 11 -3G -3E2).
h. Amenities: Open space and common areas are proposed with ponds and connecting stream
channels.
i. Off -Street Parking: UDC 11-3C-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 Proposed Required
Front Living Area (from back of sidewalk) 15 15
Side Accessed Garage (from back of sidewalk) 15 15
Spurwing Patio Homes Subdivision AZ-06-043/PP-06-045NAR-06-020
PAGE
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
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 of the
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 of the 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 corner of
the site from Chinden Boulevard directly north of the terminus of N. Ten Mile Road.
ACHD has submitted conditions of approval for this development (see Exhibit B).
The Idaho Transportation Department (TTD) has submitted a comment that the applicant has
not yet applied to TTD 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 of TTD'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-06-045NAR-06-020
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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 20.5lacres 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.
Stasi 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 services to the
subject property. The City of Meridian plans to provide municipal services to the lands proposed
to be annexed in the following manner:
• Sanitary sewer service will be extended to the project at the developer's expense,
although it is currently not available (water service will be provided by United Water).
• The subject 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 serviced by the Meridian Police Department (MPD).
• The roadways adjacent to the subject lands are currently owned and maintained by the
Ada County Highway District (ACRID). This service will not change.
• The subject lands are currently serviced by the Meridian School District #2. This service
will not change.
• The subject lands are currently serviced by the Meridian Library District. This service
will not change and the Meridian Library District should suffer no revenue loss as a
result of the subject annexation.
Municipal, fee -supported, services will be provided by the Meridian Building Department, the
Meridian Public Works Department, the Meridian Wastewater Department, the Meridian
Planning Department, Meridian Utility Billing Services, and Sanitary Services 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-06-045NAR-06-020
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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 1 - 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 sues between the existing 1 -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. Stafff nds 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 1 -acre lots
to the north, instead of the proposed landscape buffer and attached lots. Staff recommends that a
minimum 10, 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 buffer
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 I1 -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 (1 -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-06-045NAR-06-020
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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 (UDC) 11-2A-2 lists 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:
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 may or may not
annex into the City in the foreseeable future. Further, the applicant is actually processing
Spurwing Patio Homes Subdivision AZ-06-043/PP-06-045NAR-06-020
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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 1 -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 1 -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 -1 is not approved.
• Per UDC 11-313-10, 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 -11-3G-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 clarified at the public hearing that a 6 -foot 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-06-045NAR-06-020
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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 final 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 final 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 9-1-28.
Although the proposed plat and R-8 zoning would add to the variety of housing types
Spurwing Patio Homes Subdivision AZ-06-043/PP-06-045NAR-06-020
PAGE 12
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007
in the subject area, Staff believes that more of a transition in density and lot sizes
between the existing 1 -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 VAR -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 Staff 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-06-045NAR-06-020
PAGE 13
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007
The Meridian Planning and Zoning Commission heard these items on October 19.2006;
November 2.2006; and November 16, 2006. At the Public hearing on November 16, 200
they moved to recommend denial.
11. EXHIBITS
M-1,TX*ff,-LK*no7roMF.VTiT =o- 1111i
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 from Unified Development Code
Spurwing Patio Homes Subdivision AZ-06-043/PP-06-045NAR-06-020
PAGE 14
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007
A. Drawings
Vicinity Map
Exhibit A — Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007
2. Preliminary Plat (dated: 12-13-06)
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007
3. Landscape Plan (dated 5-28-06) — NOT APPROVED
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Exhibit A — Page 3
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. However the original annexation legal description does not
eflect the Council approved zoning for this property The applicant has submitted legal
descriptions dated 12/19/06 and an rxhibij map that reflect th_0 z nine desi ations of R-4 and
R-8 approved by City Council wbich are included in Exhibit C along with the on incl overall
annexation boundary legal description and -ex hibit map
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 11-313-10, 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
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).
1.2.3 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.
1.2.4 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.
1.2.5 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.
1.2.6 Place a note on the face of the final plat that prohibits direct lot access to Chinden Boulevard
except for the emergency access point approved with this subdivision.
1.2.7 Per UDC 11 -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.
1.2.8 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 19`h 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 permit, 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.
1.2.9 Maintenance of all common areas shall be the responsibility of the Spurwing Patio Homes
Subdivision Home Owners' Association.
1.2.10 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.
1.2.11 Underground, pressurized irrigation must be provided to all lots within this development.
1.3 GENERAL REQUIREMENTS PRELIMINARY PLAT (PP -06-045)
1.3.1. 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).
1.3.2. Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision
pursuant to UDC 11-3A-17.
1.3.3. 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 subject 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 permitted under UDC 11-3B.
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 of UDC 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 ACRD, 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 11-3B-14.
1.3.5. Coordinate fire hydrant placement with the City of Meridian Public Works Department.
1.3.6. 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 subject 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 UDC.
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. If the 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 Environmental 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 94-19, 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 9-14 and 94-8. 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 Act.
2.18 Applicant shall be responsible for application and compliance with and NPDES Permitting that
may be required by the Environmental 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 1 -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 determined 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
commencing 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 of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 ''/z" 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 corners when spacing permits.
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 of 28' 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 cornments 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 corner 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
borne by the developer.
7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the 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 permit
(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 Impact 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 ACED 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 ACED 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 PLANNING 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 confirmation 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 TTD 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
TEALEY'S LAND 2501 Bogus Basin Ad. • Boise, Idaho 63702
SURVEYING (208) 3858636
Fax (208) 385-0898
Project. No.: 2981
Date: June 2, 2008
Revised: August 16, 2006
ANNEXATION DESCRIPTION FOR
SPURWING PATIO HOMES SUBDIVISION
A parcel of land being a portion of Lots 2 and 4 and all of Lot 3 of Block 1 of
Spurwing Subdivision, as filed for record in the office of the Ada County Recorder, Boise,
Idaho in Book 89 of Plats at pages 7104 thru 7108, and a portion of the SW 114 of
Section 23, TAN., RAW., B.M., Ada County, Idaho and more particularly described as
follows:
BEGINNING at a brass cap marking the Southwest corner of the said Section 23:
thence along the Westerly boundary of the said SW 114 of Section 23; thence
North 00°20'40" East 324.83 feet to an iron pin; thence said Westerly boundary
South 89"39'20" East 30.00 feet to an iron pin marking a point of curve; thence
continuing along an are of a curve to the left, said curve having a radius of 20.00 feet, a
central angle of 104°21'16", a length of 36.43 feet and a long chord bearing
South 51'49'58" East 31.60 feet to an Iron pin marking a point of tangent; thence
continuing
North 75°59'24" East 156.18 feet to an iron pin; thence continuing
North 00'48'28" East 164.90 feet to an iron pin; thence leaving said Westerly
boundary
North 10'58'41" East 673.13 feet to an iron pin marking the Northwest comer of
said Lot 3; thence along the Northerly boundary of sold Lot 3
South 78°3659" East 106.97 feet to an iron pin; thence continuing
.South 62°24'58" East 127.74 feet to an iron pin; thence continuing
South 50°13'58" East 125.67 feet to an Iron pin; thence continuing
South 43'02"58" East 160.00 feet to an iron pin; thence continuing
South 43.00'12" 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 87"44'25" East 290.87 feet to an Iron pin; thence continuing
North 54'48'27" East 242.01 feet to an iron pin: thence continuing
North 26'46'22" East 166.21 feet to an Iron pin; thence continuing
North 19'22'35" East 116.96 feet to an Iron pin; thence continuing
North 43°12'34" West 265.25 feet to an Iron pin marking a point of curve; thence
continuing along an arc of a curve to the left, said curve having a radius of 20.00 feet, a
central angle of 102'27'35', a length of 35,77 feet and a long chord bearing
South 85"33'38" West 31.19 to an iron pin marking a point of ending of wnre on
the South right-of-way line of West Balata Court; thence leaving said South right-of-way
line
North 55°40'10" West 25.00 feet to a point on the centertine of said West Balata
Court marking a point of curve; thence along said centerline along the arc of a curve to
the right, said curve having a radius of 350.00 feet, a central angle of 20°47'29", a length
of 127.01 feet and a long chord bearing
¢mmv..— oro - im
Exhibit C — Page l
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007
TEALEY'S LAND SURVEYING 2501BOGUS M11ROAD, en5`.loarioa179Vg385,6X
Projed No.: 2981 Page 2
Date: June 2, 2006
Revised: August 16, 2006
North 44°43'35" East 126.31 feet to a point marking a point of ending of curve;
thence leaving said centerline
South 34.5240" East 25.00 feet to an Iron pin on said South right-of-way line of
West Balate 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 bearing
South 31'02'18" East 31.63 feet to an Iron pin marking a point of tangent; thence
South 18'52'01" East 77.34 feet to an Iron pin 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 Southerly boundary of said Lot 3
North 76.39'48" West 691.47 feet to an iron pin; thence continuing
South 82'16'37" 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 marking 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 75'38'44", a length of 26.41 feet and a long chord bearing
South 38'10'02" West 24.53 feet to an Iron pin marking a point of tangent-, thence
continuing
South 00'20'40" West 177.61 feet to an iron pin marking 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 8932'12", a length of 31.25 feet and a long chord bearing
- South 4425'28" East 28.17 feet to an iron pin marking a point of ending of curve
on said North right-of-way tine of State Highway 20; thence leaving said North right-of-
way tine
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 89'11'32" West 69.52 feet to the POINT OF BEGINNING.
Said parcel of land contains 20.65 acres, more or 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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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 of R-4 & R-8 Zones
MEW TEALEY'S LAND 187 E Wh Street . Gamcn city, waho 8:{714
SURVEYING (208) 3&5.0836
n-�11 Fax (208) 585 -MM
Project No.: 2981
December 19, 2006
DESC'RLMION FOR R4 GONE
SPURWING PATIO HOMES SUBDIVISION
A parcel of land being a portion of Lots 2.3 and 4 Block I of Spurwing Subdivision as
filed for rotwrd in the office of the Ada Courcy Recorder, Boise, Idaho in Book 69 of Plats at
Pages 7104 thru 7108, located in the SW 114 of Section 23, T.4N., R.I W., B.M.. Ada County,
Idaho, and more particularly described as follows:
COMMENCING at an aluminum cap marking the Southwest corner of said Section 23;
thence along the Westerly boundary of said SW 114 of Section 23
North 00°20'40" East 97856 fcet to a point; thence leaving said Westerly boundary at
right angles
South 89°39'20" East 295.74 foes to the POINT OF 13EG04MG; thence
North 10°58'41" East 195.44 feet to an iron pin marking the Northwest corner 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; thence continuing
South 62024'58" East 127.74 fent to an iron pin; thence continuing
South 50°13'58" East 125.67 feet to an iron pin; thence continuing
South 43002'58" East 160.00 feet to an von pin, thence continuing
Sotgh 43-00'12' East 160.00 feet to an iron pin; thence continuing
South 52°28' 14" East 222.39 feet to an iron pin; them continuing
South 87°44'25" East 290.67 feet to an iron pin; thence continuing
North 54°48'27" East 242.01 feet to an iron pin; thence continuing
North 26046'22" East 166.21 feet to an iron pin; thence continuing
North 1.9°22'35" East 116.% feet to an iron pin; thence continuing
North 43°12'34" West 265.25 feet to an iron pin marking a point of curve; them
continuing along an arc of a curve to the left, said auve having a radius of 20.00 feet, a antral
angle of 102027'35", a length of 35.77 feet and a long chord bearing
South 85033'38" West 31.19 feet to an iron pin marking a point on a curve on the South
right-of-way line of West Balam Court; thence along said South right-of-way live along the arc
of a curve to the right, *d ctavc having a radius of 325.00 feet, a central angle of 20°47'29", a
length of 117.94 feet and a long chord bearing
North 44°43'-35" Fast 117.29 feet to an iron pin; thence leaving said South right -of -Way
line and the Northerly boundary of said Lot 4;
South 0557'22" West 30.26 feet to an Iron pin; thence
South 43012'34" East 266.19 feet to an iron pin marking a point of curve; thence along
the arc of a curve to the right, said carve having a radius of 75.00 feet, a central angle of
24°20'33", a length of 31.86 feet and a long chord bearing
South 31002'18" East 31.63 feet to an iron pin marking a point of tangent; thence
Exhibit C — Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007
TEALEY'S LAND SURVEYING tat L se esu*m ca, w car. eoano.es7f4Ym nes-nate
Project No.: 2981 Page 2 of 2
Date. Deoemher 19, 2006
South I x32'01" East 77.34 feet to an iron pin on the East boundary of said Lot 3; thence
along said Fast boundary
South 00°48'28" West 789.24 feet to an iron pin madcing the Southeast comer of said
Lot 3; thence along the Southerly boundary of said Lot 3
North 76039'48" West 691.47 feet to an iron pin; theme continuing
South 82°16'37" West 505.59 feet to an iron pin; thenoe continuing
North 85006'24" West 92.41 feet to a point; thence leaving said Southerly boundary of
Lot 3
North 05643'23" West 121.84 feet to a point; thence
North 75632'39" East 755 feet to a point of curve; thence along an arc of a curve to the
right, said curve having a radius of 550.00 feet, a central angle of 08°43'58". a length of 83.83
feet and a long chord beating
North 79°54'38" East 83.75 feet to a point of tangent; thence
North 84616'37" East 292.66 feet to a point; thence at right angles
North 05°43'23" West 50.34 feet to a point of curve; thence along an arc of a curve to the
left, said curve having a radius of 200.00 feet, a central angle of 34°19'35", a length of 119.82
feet, and a long chord bearing
North 22°53'11" West 118.04 fees to a point of tangent; thence
North 40°02'58" West 396.67 feet to a point of curve; thence along an are of a curve to
the Icft, said curve having a radius of 100.00 feet, a central angle of 22°11'42", a length of 38.74
feet and a long chard bearing
North 51 °08'49' West 38.50 feet to a point; thence
North 79°0!' 19" West 198.05 feet to the POW M BAGIN— NG.
Said Parcel Contains 13.80 ages, more or less.
Exhibit C — Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007
TEALEY'S LAND 187 E Som Street . C'�ardhn GWy. Idahn 8371d
SURVEYING (206)305.0636
F] -- - Fax (208) 38506%
Project No. 2981
December 19.2006
DESCRIPTION FOR iR4 ZONE
SPURWFNG PATIO HOMES SUBDIVISION
A parcel of land being a portion of lots 2 and 3 Block 1 of Spurwing Subdivision as filed
for record in the office of the Ada County Recorder Boise, Idaho in Book 69 of Plats at Pages
7104 thru 7108 located in the SW 1/4 of Section 23, TAN_ IL W, B.K. Ada County, Idaho,
more particularly described as follows:
BEGfMVING at an aluminum cap narking the Southwest corner of said Section 23;
thence along the Westerly boundary of said SW 1/4 of Section 23
North 00°20'40" East 324.83 feet to an icon pin on the Westerly boundary of said Lot 3,
thence leaving said Westerly boundary of the SW 1/4 at right angles along said Westerly
boundary of Lot 3
South 89°39'20" East 30.00 feet to an iron pin marking a point on a curve; thence
continuing along an are of a curve to the left. said curve having a radius of 20.00 fen, a antral
angle of 104°21' 16". a length of 36.43 fat and a long chord tearing
South 51049'58" Ease 31.60 fat to an iron pin marking a point of tangent; thence
continuing
North 75059'24" East 156.18 fen to an iron pin; thence continuing
North 00°48'28" East 164.90 fat to an iron pin; theaoe leaving said Westerly boundary
of Lot 3
North 10058'47" Eau 477.70 feel to a point; thence
South 79°01' 19" East 198.05 feet to a point on a save; theca along an arc of a »on -
tangent curve to the right, said curve having a radius of 100.00 feet, a central angle of 2rt 1'42",
a length of 38.74 feet and a long chord bearing
South 51008'49" East 38.50 feet to a point of tangent; thence
South 40002'58" East 396.67 feet to a point of curve; thence along an we of a curve to
the right, said curve having a radius of 200.00 fen, a antral angle of 34°19'35", a length of
119.82 feet, and a long chord bearing
South 2r33'1 I" East 118.04 fest to a point of tangent; thence
South 05043'23" East 50.34 fat to a point; thence at right angles
South 84°16'37" West 292.66 feet to a point of carve; thence along an arc of a carve to
the lek said curve having a radius of 550.00 feet, a central angle of 08°43'58", a length of 83.83
feet and a long chord bearing
South 79054'38" West 83.75 fat to a point of tangent; thence
South 75°32'39"'Weal 7.55 fen to a point; thence
South 05043'23" East 121.84 fes to a point on the Southerly boundary of said Lot 3;
thence along said Southerly boundary
North 85'06'24" West 208.41 feet to an iron pin; thence continuing
7921-R840cee0
Exhibit C — Page 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007
TEALEY'S LAND SURVEYING 1a7 a. se stveL cocmn un. ia**ewivw es wn
Project No.: 2981 Page 2 of 2
Date: December 10, 2006
South 75"5924" West 194.94 feet to an iron pin marking a point of curve; thence
continWrtg along the arc of a curve to the left, said curve having a radius of 20.00 fat, a central
angle of 75°38'44". a length of 26.41 feet and a long chord bearing
South 38`10'02" West 24.53 feet to an iron pin marking a poim of tangent; thence
continuing
South 00020'40" West 177.61 The to an iron pin marking a point of curve; thence
continuing along the ac of a curve to the left4 said curve having a radius of 20-00 feet, a oentral
angle of M212", a length of 31.25 feet and a long chord bearing
South 44925'26" East 28.17 feet to an iron pin marking a point of ending of curve on said
North right-of-way line of State Highway 20; thence leaving said North right-of-way line and
said Southerly boundary of Lot 3
South 00048'28" West 40.00 feet to a point on the South boundary of said Section 23;
thence along said South boundary
North WI 1132" West 69.52 feet to the POQVT OR MIMING.
REQ
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Exhibit C — Page 7
Said Parcel Contains 6.77 acres, more or less.
434 s g
ENT STAFF REPORT FOR THE HEARING DP.
rE OF FEBRUARY 6, 2007
CITY OF MEg;IDIAN PLANNING DEPAR•'1M
Ey.1nibit C — Page a
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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 finds
that a more appropriate map amendment would reflect a split zoning of R-4 for the lots
proposed for detached units and R-8 for the lots proposed for attached units in
compliance with the applicable provisions of the 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 finds 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 determining this finding.
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 finds 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 finds that annexing the subject property to R-4 and R-8 is in
the best interest of the City 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 finds 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 finds 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, ACRD, 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. ACRD 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 finds 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 determine whether or not the proposed development may destroy or
damage a natural or scenic feature(s) of major importance of which Staff is unaware.
3. Variance Findings:
The City Council shall apply the standards listed in Idaho Code 67-6516 and all the
findings listed in Section 11-5134E of the UDC 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, if the 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 UDC. 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