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Staff ReportItem #4E, F, G & H: Spurwing Challenge (AZ-11-005, RZ-11.006, PP-11.011 and CUP-11.009) Application(s): - Annexation of 30 acres, Rezone of 51.61 acres; Preliminary Plat consisting of 23 buildable lots and 3 common lots and Conditional Use Permit for an outdoor recreation facility (golf course). Size of Property, Existing Zoning and location: This site consists of approximately 70 acres, currently zoned RUT, R-4 and TN-Rand is located near the northwest corner of Chinden Boulevard and Linder Road. Adjacent Land Use & Zoning: The surrounding area is currently developed with private golf course and county residences zoned RUT. To the east and south there are undeveloped and developed commercial properties, zoned C-C, L-0 and C-G in the City. History: In the 1990's, a portion of the property was platted in the County as part of the Brandt and Spurwing Subdivisions. In 2006, majority of the subject property (51 acres), a.k.a. Knightsky Estates, was granted Annexation and Zoning (AZ-06-005) approval by City Council with R-4, TN-C, and C-C zoning districts. A Development Agreement (DA) was approved with the annexation (Instrument No. 106122365). A preliminary plat (PP-06-004) was approved concurrently with annexation of the property for 126 residential lots (24 townhouse lots and 102 detached single- family lots), 7 commercial lots, and 26 common/other lots on 55.83 acres of land. Private streets (PS-06-004) were also approved in specific locations within the development. These approvals are still valid through December 6, 2012 (TE-10-033). Summary of Request: The applicant is proposing a host of applications for approval. The request includes the following applications: annexation, rezone, conditional use permit and preliminary plat to develop a low density residential subdivision and a 9-hole golf course. The annexation of 30 acres to the R-8 zone and rezone of 51.61 acres from the R-4 and TN-C zone to the R-8 are necessary to facilitate the connection of city sewer to the property and develop the golf course. The UDC requires procurement of a CUP for an outdoor recreation facility in the proposed R-8 zone. In addition, the proposed rezone to C-C will clean-up the zoning discrepancy with the remaining 4.64 acre remnant TN-C zoned property left as a result of the proposed rezone to R-8. The proposed zoning districts are appropriate for their respective land use designations. The accompanying plat and master site plan depict how the property will develop with both uses. The commercial portion of the concept plan has not been reviewed or approved as the applicant is not proposing to develop the proposed and existing commercially zoned property at the corner. This will be addressed with a future development agreement modification. Because this project substantially differs from the Knightsky Estates project, staff is recommending the recorded development agreement be amended to remove the Spurwing Challenge property and create a new development agreement for the proposed project. The Council will be taking action on the accompanying development agreement modification. The proposed preliminary plat consists of 23 buildable lots and 3 large common lots on approximately 61 acres. The proposed common lots encompass the planned golf course and required landscape buffers. Planned amenities include the existing club house and swimming pool. The plat complies with the dimensional standards (lot sizes, open space, amenities and subdivision requirements) in accord with the UDC except for the required 750-foot block length. The Council will be taking action on the accompanying variance to deviate from the block length requirements of the UDC. Commission is not required to take action on the submitted variance application. The applicant is proposing to construct a new public street to align with N. Long Lake Way at the half mile. A public street that parallels the state highway is also planned and will stub to the planned commercial property to the east. The existing entrance to the Spurwing Subdivision is planned as a right-in/right-out only intersection predicated on Council approval of the submitted variance and ITD approval. Other than the proposed right-in/right-out, the proposed access at the half mile and internal connectivity is consistent with the UDC requirements for development along state highways. Comprehensive Plan DesignationlCompliance wlComp Plan? low density residential, medium density residential and mixed-use community -Yes Compliance with UDC? Yes with conditions Written Testimony: The applicant representative, Comel Larson, has submitted a written response to the staff report. Staff has prepared a memo addressing the applicant's responses and has provided changes to conditions of approval for the Commission to consider. Staff Recommendation: Approval Notes: STAFF REPORT Hearing Date: TO: FROM: SUBJECT: December 15, 2011 Planning & Zoning Commission Bill Parsons, Associate City Planner (208) 884-5533 E IDIAN~-~- 1DAH0 AZ-11-005, RZ-11-006; PP-11-O1 1, CUP-11-009, MDA-11-011 and VAR-11- 003 - Spurwing Challenge 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, The Club at Spurwing, LLC, has requested approval for the following applications: 1) Annexation (AZ) of 30 acres with an R-8 zoning designation; 2) Rezone (RZ) of 51.61 acres of land from the R-4 and TN-C zoning district to the R-8 (46.97 acres) and C-C (4.64 acres) zoning district; 3) Preliminary plat (PP) approval for 23 residential lots and 3 common lots on 61.19 acres of land; 4) Conditional use permit (CUP) for an outdoor recreation facility (golf course) in a proposed R-8 zone; 5) Development agreement modification (MDA) to amend the recorded development to exclude the subject property and create a new development agreement and; 6) (2) Variance requests (VAR) 1) to exceed the maximum block length (750 feet) allowed in a residential district and 2) a right-in/right-out only access to Chinden Boulevard. For all pertinent information and further analysis see section 9 below. 2. SUMMARY RECOMMENDATION Staff recommends approval of the proposed applications and partial approval on the variance requests subject to the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D. 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Numbers AZ-11-005, RZ-11-006, PP-11-011, CUP-11-009, (MDA-11-011 and VAR- 11-003 optional) as presented in staff report for the hearing date of December 15, 2011 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Numbers AZ-11-005, RZ-11-006, PP-11-011, CUP-11-009, (MDA-11-011 and VAR-11-003 optional) as presented in staff report for the hearing date of December 15, 2011 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.) Spurwing Challenge Subdivision - AZ-11-005, RZ-11-006; PP-11-011, CUP-11-009, MDA-11-011 and VAR-11-003 -1- Continuance I move to continue File Numbers AZ-11-005, RZ-11-006, PP-11-011, CUP-11-009, (MDA-11-011 and VAR-11-003 optional) to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS A. Site Address/Location The subject property is located near the northwest corner of Chinden Boulevard and N. Linder Road in the southeast % of Section 23, Township 3 North, Range 1 West. B. Applicant: The Club at Spurwing, LLC 3405 E. Overland Road, Suite 150 Meridian, ID 83642 C. Owner: Sea to Sea, LLC 827 E. Riverside Dr. Eagle, ID 83616 D. Representative: Cornel Larson, Larson Architects, (376-7502) E. Applicant's Statement/Justification: Please see applicant's narrative for this information. 5. PROCESS FACTS A. The subject applications are for annexation, rezone, preliminary plat, conditional use permit, variance and development agreement modification. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: November 28, and December 12, 2011 (Commission); C. Radius notices mailed to properties within 300 feet on: November 21, 2011 (Commission); D. Applicant posted notice on site by: December 5, 2011 (Commission); 6. LAND USE A. Existing Land Use(s): The subject property is currently vacant agricultural land. The agricultural portion of the property has been approved for a mixed use development known as Knightsky Estates. The western portion of the property was platted with the Spurwing Subdivision and includes the club house and the current driving range. B. Character of Surrounding Area and Adjacent Land Use and Zoning: The surrounding area is currently developed with private golf course and county residences zoned RUT. To the east and south there are undeveloped and developed commercial properties, zoned C-C, L-O and C-G in the City. C. History of Previous Actions: A majority of this site is Lot 1, Block 1, Brandt Subdivision, which was recorded in 1991. This lot was platted as the 75% open space, deed restricted area for the County Subdivision. At some point, a three acre outparcel was conveyed ownership through a deed recorded as instrument #101128387. Spurwing Challenge Subdivision - AZ-11-005, RZ-11-006; PP-11-011, CUP-11-009, MDA-11-011 and VAR-11-003 -2- In 1995, a portion of the property (Lot 53 and Lot 78, Block 1) was platted in the County as part of the Spurwing Subdivision. In 2006, the open space parcel (Lot 1, Block 1 of the Brandt Subdivision) was split in County and recorded as ROS 7511 and is considered an illegal split by the City. This issue is being resolved with the proposed subdivision. In 2006, the subject property, a.k.a. Knightsky Estates was granted Annexation and Zoning (AZ- 06-005) approval by City Council with R-4, TN-C, and C-C zoning districts. A Development Agreement (DA) was approved with the annexation (Instrument No. 106122365). A preliminary plat (PP-06-004) was approved concurrently with annexation of the property for 126 residential lots (24 townhouse lots and 102 detached single-family lots), 7 commercial lots, and 26 common/other lots on 55.83 acres of land. Private streets (PS-06-004) were also approved in specific locations within the development. On November 5, 2008, an 18 month time extension (TE-08-026) was approved by the Planning Department for the applicant to obtain the City Engineer's signature on the first phase of the final plat (expires on December 6, 2010). As a condition of approval of the time extension, the applicant is required to submit a DA modification application to include sample building elevations for this project in the existing DA. Additionally, staff recommended that all private streets be converted to public streets. On February 10, 2009, a development agreement modification (MDA-08-008) was approved by City Council that tied both commercial, single family residential and townhomes elevations to the recorded development agreement. The subsequent development agreement was recorded as instrument #109082037. D. Utilities: 1. Public Works: a. Location of water: Provider is United Water. b. Location of sewer: A 15 inch main is located approximately 2700 feet from this site near N Sunset Maple Way. c. Issues or concerns: All sewer mains shall be within roadways. E. Physical Features: 1. Canals/Ditches Irrigation: No major facilities. 2. Hazards: Staff is not aware of any hazards that exist on this property. Flood Plain: This property does not lie within the floodplain. F. Summary of Proposed Streets and/or Access: The applicant is proposing to construct a new public street to align with N. Long Lake Way at the half mile. A public street that parallels the state highway is also planned and will stub to the commercial property to the east. The existing entrance to the Spurwing Subdivision will remain open but will be restricted to a right-in/right- out only predicated on Council and ITD approval (see section 9 for further analysis). 7. COMPREHENSIVE PLAN POLICIES AND GOALS The subject properties are designated "Low density Residential," "Medium Density Residential" and "Mixed-use Community," on the future land use map. The lot proposed to be annexed houses the clubhouse and pool is designated low density residential. Currently, this is a common lot within the Spurwing Subdivision and development is not proposed for this lot. The reason for annexation to the R-8 zone is so the clubhouse can hook-up to City sewer. The Spurwing Challenge Subdivision - AZ-11-005, RZ-11-006; PP-11-011, CUP-11-009, MDA-11-011 and VAR-11-003 -3- R-8 zone is not a preferred zoning designation for the property however the lot is part of the 18-hole golf course and the R-2 and R-4 zone prohibits outdoor recreation facilities. The area proposed for the rezone to the R-8 zone and platting is designated medium density residential and mixed-use community. The anticipated density for the medium density designation is between three and eight dwellings per acre. The proposed preliminary plat includes 23 single-family lots on approximately 61 acres for a total gross density of 0.37 dwelling units/acre. If the proposed golf course was removed from the equation the density would slightly higher at 1.42 dwelling units to the acre. The mixed-use community designation also encourages residential uses and specifies densities between 6 and 15 units to the acre. The UDC does not specify properties to develop at a minimum density. In this case, the homes are meant to be ancillary to golf course use that is being proposed concurrently. The applicant is also requesting to rezone a small portion of the property to the C-C zone which is consistent with the mixed use community land use designation. The purpose of this land use designation is to allocate areas where community-serving uses and dwellings are integrated into the urban fabric. The intent is to integrate a variety of uses, including residential, and to avoid mainly single-use and strip commercial type buildings. Specific development plans are not proposed. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): • Require landscape street buffers for new development along all entryway corridors (Chapter 2, pg. 13) The subject property fronts on Chinden Boulevard designated an entry corridor. The applicant's plan depicts a 35 foot landscape buffer as required by the UDC. Further, a portion of the planned golf course will be constructed along Chinden Boulevard which will create a significant green belt through this segment of the 20/26 corridor. • Plan for and encourage services like health care, daycare, grocery stores and recreational areas to be built within walking distance of residential dwellings. (Chapter 2, pg. 13) The property to the east has already been zoned C-C and additional property is proposed to rezone to C-C. The applicant is stubbing a public street along the eastern boundary and a public street is planned to align with the signalized intersection at the half mile. These two connections provide the interconnectivity with the existing and planned commercial uses in the area. • Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City. (Chapter 3, pg. 45) This property is contiguous to other properties already annexed into the City. City sewer main will be extended from the Jayker Subdivision to service the property. Water service will be provided by United Water. • Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. (Chapter 3, pg. 48) The applicant is responsible for the construction of a 10 foot multiuse pathway adjacent to Chinden Boulevard and provide 5 foot wide attached sidewalks for the planned public streets. The installation of these facilities will enhance the pedestrian connectivity in area ad help facilitate safer movement ofpeople particularly at the half-mile intersection. A public elementary school has been planned for the area and these pedestrian facilities will increase pedestrian safety in the area and provide connections to the planned school and the existing and planned commercial uses in the area. • Require common area for all subdivisions. (Chapter 3, pg. 54) Spurwing Challenge Subdivision - AZ-11-005, RZ-11-006; PP-11-011, CUP-11-009, MDA-11-011 and VAR-11-003 -4- Typically, the UDC requires 10 percent open space be provided for any residential subdivision that exceeds S acres. On the submitted plat the applicant is proposing to 3 large common lots to support the development of a 9-hole private golf course. The amount of open space provide with the plat is in excess of 73% which far exceeds the UDC standards. Further the residents of the subdivision will have privileges for the use of the existing club house and swimming pool, • Reduce the number of existing access points onto arterial streets by using methods such as cross access agreements, access management, and frontage/backage roads. (Chapter 3, pg. 47) For development proposed along Chinden Boulevard (HWY 20/26) the UDC requires access at the mid-mile and the section line road and requires the construction of a backage road. On the submitted plans the applicant has indicated that a backage road is planned to provide access to the proposed residential lots and stub to the commercial property to the east. Further, a new street is proposed to align with N. Long Lake Way at the mid-mile mark consistent with the UDC 11-3H- 4. However, the existing entrance into the Spurwing Subdivision west of the new mid-mile street is not planned for closure and the applicant is indicated this access point is planned for right- in/right-out only. The transportation authority (ITD) has stated their preference would be closure of the intersection. Both the Police Department and the Fire Department have expressed the importance of the intersection remaining open to facilitate better access into the site. Staff supports the recommendations by other City departments for the right-in/right-out intersection however based on City code staff must recommend closure of the existing intersection. Acceptance of the right-in/right-out intersection is predicated on Council and ITD approval. After considering all of these factors staff believes that the proposed development is generally consistent with comprehensive plan. 8. UNIFIED DEVELOPMENT CODE a. Schedule of Uses: Unified Development Code (UDC) 11-2A-21ists single-family detached homes as permitted uses in the proposed R-8 zoning district. Unified Development Code (UDC) Table 11-2B-2 lists the principal permitted, accessory, conditional, and prohibited uses in the proposed C-C zoning district. b. Purpose Statement of Zone: R-8: 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-C: The purpose of the commercial districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district proximity to streets and highways. c. General Standards: All of the proposed lots must comply with the standard street frontage and lot size requirements R-8 zone established in the UDC. No dimensional modifications are being requested for the proposed development. Development of the site shall comply with the dimensional standards listed in UDC 11-2B-3 Spurwing Challenge Subdivision - AZ-11-005, RZ-11-006; PP-11-011, CUP-11-009, MDA-11-011 and VAR-11-003 -5- for the C-C zoning district. d. Landscaping: 1. Width of street buffer(s): Per UDC 11-2A-5, UDC 11-2A-6 and UDC 11-2B-3, a 35-foot wide street buffer is required adjacent to Chinden Boulevard, designated an entry way corridor. A 20-foot wide street buffer is required along N. Spurwing Way. The street buffers shall be constructed in accord with the standards listed in UDC 11-3B-7C. 2. The planned 10-foot wide multi-use pathways along Chinden Boulevard is required to comply with the design standards in accord with UDC 11-3A-8, UDC 11-3B-12 and UDC 11-3H-4C.4. 3. The center parkways planned for the public streets are required to comply with the design standards outlined in UDC 11-3B-7C and UDC 11-3A-17. 9. ANALYSIS Analysis of Facts Leading to Staff Recommendation: The applicant has submitted several applications for the City's consideration to develop the property with a 9-hole golf course and residential subdivision. Staff has provided analysis for each individual application submitted. Annexation (AZ) application: Approximately 30 acres is planned to be annexed with the subject application. The proposed zoning for the 30 acres is R-8. The acreage proposed for annexation is currently developed as part of the Spurwing Subdivision, excluding the 3 acre outparcel east of the existing driving range parking lot. In order to connect to City services and develop the residential subdivision and .the golf course the property must be annexed. The applicant is proposing to extend city sewer from the adjacent Jayker Subdivision located to the west. The existing club house developed in the County will also be connected to city sewer. Because the common lots are developed with a golf course the requested R-8 zone is most appropriate with the established use as an outdoor recreation facility is a prohibited use in the R-2 and R-4 zones. For this reason staff is supportive of the R-8 zone requested by the applicant. Rezone (RZ) Application: Concurrently, the applicant is requesting to rezone 51.61 acres of land from the R-4 and TN-C districts to the R-8 and C-C district. A majority of this property was zoned R-4 and TN-C with the approval of the Knightsky Estates Subdivision. Now that new development plans are proposed, the approved the R-4 zoning prohibits the outdoor recreation facility. The applicant has elected to rezone the entire property to the R-8 zone and proceed with conditional use approval for the golf course. Because the proposed rezone to the R-8 zone encompasses a majority of the TN-C zone approved with the Knightsky Estates development, a small portion of TN-C zoning to the east (4.64 acres) does not meet district dimensional standards. Specifically, the TN-C zone requires a contiguous parcel of six (6) acres. For this reason, the applicant is requesting this parcel be rezoned to the C- Czone. The proposed zoning districts are consistent with their respective land use designations. The applicant has indicated that they will not developing the proposed C-C zoned property. Conditional Use Permit (CUP) application: The proposed golf course is defined as an outdoor recreation facility in the UDC. In the R-8 zone, the proposed use requires conditional use approval subject to specific use standards. Staff has reviewed the submitted site plan for compliance with these regulations. Staff finds the applicant complies with the specific use standards. The applicant will have an ongoing obligation to comply with the standards in accord with UDC 11-4-3-2. The applicant has submitted a detailed site plan for how the golf course may develop. The proposed site plan depicts anine-hole golf course, a training facility building and an accessory maintenance building. Staff has no objections to the site plan submitted with the application. Spurwing Challenge Subdivision - AZ-11-005, RZ-11-006; PP-11-011, CUP-11-009, MDA-11-011 and VAR-11-003 -6- In addition, the applicant has submitted building elevations for the proposed training facility building and maintenance building. The proposed buildings will be constructed of similar buildings constructed within the Spurwing Subdivision. Building materials include stucco, stone veneer wainscot and metal roofing. Staff believes the proposed structures demonstrate high quality building materials. Prior to the construction of the golf course and accessory buildings the applicant must obtain certificate of zoning compliance and administrative design review approval. For illustrative purposes, the applicant has depicted how the commercial property at the corner could be integrated with the proposed golf course and subdivision. Staff is not recommending approval of the commercial concept plan with this application. This is further discussed in the MDA application section below. Preliminary Plat (PP) application: In conjunction with the outdoor recreation facility, the applicant is proposing to plat 23 residential lots and 3 common lots on 61.19 acres of land in a proposed R-8 zone. The applicant has indicated that the minimum lot size proposed with the plat is 17,467 square feet and average lot size is 23,146 square feet. The gross density for the proposed subdivision is less than one dwelling unit to the acre. This density is consistent to what is developed in the area and far less than maximum of eight (8) dwelling units in the R-8 zone. In addition all of the proposed lots conform to the dimensional standards outlined in Table 11-2A-6. Open Space/Amenities: UDC 11-3G-2 requires a minimum of ten percent open space for all residential developments exceeding five acres. The UDC also requires one additional site amenity for each additional 20 acres of development area. Given the fact the applicant is proposing to develop a golf course comprising 73 percent of the developable land and the future residents will have use of the clubhouse and swimming pool, staff finds the applicant complies with the open space and site amenity requirements of the UDC. Development Along State Highways (UDC 11-3H-4): The UDC requires specific standards for developments along state highways. This property abuts highway 20/26 and is subject to these regulations. Staff has addressed the pertinent standards as they relate to this project: 1) The UDC requires the applicant to provide a backage road and construct a collector road at the half-mile. The plans submitted by the applicant depict a collector road at the mid- mile that aligns with N. Long Lake Way. This is a signalized intersection. In addition, the applicant is proposing to construct a backage road to provide access to planned residential lots and stub street at the eastern boundary for future connectivity. Staff is supportive of the street connectivity proposed by the applicant. 2) Access Variance request: The applicant has submitted a variance to seek Council's approval for aright-in/right-out access to Chinden Boulevard. The current intersection was approved with the Spurwing Subdivision. The UDC requires the closure of existing approaches if the use of the property intensifies. The addition of the proposed golf course and residential subdivision classifies as intensifying the use of the property. Both the Fire Department and Police Department support the applicant's request but have indicted that approved turnaround would be required if the access was closed. Staff concurs with the other City departments but cannot support the access due to the requirements of the UDC (see analysis in above in bullet #1). ITD has also provided comments on the application that supports the closure of the existing intersection because it does not meet the current ITD policy for intersection separation. 3) The UDC requires the construction of a 10-foot pathway adjacent to highway 20/26. On the submitted plans the applicant has provided the required pathway in accord with the UDC. Spurwing Challenge Subdivision - AZ-I1-005, RZ-11-006; PP-11-011, CUP-11-009, MDA-11-011 and VAR-11-003 -7- 4) The UDC also requires the applicant to set aside the necessary right-of--way for ITD. ITD has indicate this development should dedicate a total of 100-ft of right-of--way, approximately 50 additional feet. Staff recommends the applicant dedicate the additional 50 feet of right of way. 5) Noise abatement is required when residential uses adjoin highway 20/26. Noise abatement can be in the form of a berm or berm and wall combination. On the submitted landscape plan a berm is planned along the highway but details on the height are not provided. In discussions with the applicant it was their desire to not provide the noise abatement in accord with the UDC. ITD has indicated that noise levels in the area could increase with the amount of traffic planned for the corridor. Staff is of the opinion the residential lots are separated enough from the highway (nearest residential lot is approximately 180 feet for the edge of pavement) that these standards are not applicable. In other areas of the City, a berm and wall combination has been constructed however in these cases the residential lots were only separated by the required 35-foot landscape buffer and not a golf course. The applicant is also proposing densely planted trees in the area to screen the tees and buffer the noise. Thus, staff believes the applicant meets the intent of the ordinance and provides enough buffering for the proposed residences. Sidewalks and Parkways (UDC 11-3A-17): The applicant has not provided any street section details that indicate sidewalks are proposed for the subdivision. The applicant will be required to construct sidewalks in accord with UDC 11-3A-17. In addition, the applicant is proposing center parkways for several of the proposed public streets. Said planters must comply with the standards set forth in UDC 11-3A-7C and UDC 11-3A-17E. Landscaping Requirements Entry Way Corridors: UDC 11-2A-6 requires a 35-foot wide street buffer along Chinden Boulevard. On the submitted landscape plan, the applicant complies with the aforementioned buffer width along this roadway. Said buffers must be constructed in accord with UDC 11-3B-7C. and maintained by the homeowners association. This area will be included with the development of the common lot for the golf course. Collector Streets: UDC 11-2A-6 requires a 20-foot wide street buffer along N. Spurwing Way. On the submitted landscape plan, the applicant is proposing buffers that exceed the required 20- foot width. Said buffers shall be constructed in accord with the standards outlined in UDC 11-3A- 7C. This area will be included with the development of the common lot for the golf course. Block Length Variance (VAR) request: The applicant is requesting variance approval to exceed the 750-foot maximum block length for the entire subdivision. The five lots planned for block 1 (approximately 890 feet) front along the existing Spurwing entrance. Currently, the existing driving range is developed on this parcel. Because the existing street network is in place and existing fairways and planned fairways limit street and pedestrian connectivity, staff is supportive of the extended block length. Since the homes along Three Lakes Way (Block 2 and Block 3) have not been developed and there maybe opportunities to provide cart/pedestrian connectivity to break-up the 1083-foot block length. The UDC allows Council the ability to grant an extended block length without a variance if the block design is constrained by limited access like Chinden Boulevard. Staff believes the open space planned between Lot 4 and Lot 5, Block 2 could incorporate a connection meeting the intent of the ordinance thus eliminating the need for the variance. The golf course has been designed to facilitate the movement of golfers along the periphery of the development to purposely restrict golf carts from traveling through the developed home sites. Spurwing Challenge Subdivision - AZ-11-005, RZ-11-006; PP-11-011, CUP-11-009, MDA-11-011 and VAR-11-003 -8- While staff does not disagree with the applicants logic, staff cannot met the variance findings for granting the extending block length for this portion of the development. The extended block length will be predicated on approval from City Council for the addition of a pedestrian connection or granting of the variance. Development Agreement Modification (MDA) application: As mentioned earlier, the subject property is governed by a development agreement with the annexation of the Knightsky Estate property in 2006. In 2008 an addendum was also recorded that required compliance with specific building elevations. Because the new project is substantially different from the previous one, staff is recommending the recorded development agreement be amended to remove the Spurwing Challenge property and create a new development agreement for the proposed project. The C-C rezone legal description and Exhibit Map attached in Exhibit C should be attached to the Knightsky Estates DA as this property will still be governed by the Knightsky Estates DA. At this time, Staff is not recommending approval of the conceptual layout for the commercial portion of the property since the applicant has indicated they will not be developing the property. Staff has reviewed the recorded development agreement (#106122365) and several of the DA provisions need to be modified to allow development in the C-C zone. As a provision of the new DA, Staff is recommending a restriction on the development of the C-C zoned property until the owner amends the recorded DA and provides a more specific concept plan for the C-C zoned property. For now all other approved DA provisions attached to the recorded DA (#106122365) and the recorded addendum (#109082037) will remain in effect for the proposed C-C portion of the property. Staff's recommended DA provisions are attached in Exhibit B. A. Drawings 1. Vicinity Map 2. FLUM 3. Preliminary Plat 4. Landscape Plan 5. Master Site Plan 6. Training Facility Building and Maintenance Building Elevations 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 C. Legal Descriptions and Exhibit Maps D. Required Findings from Unified Development Code Spurwing Challenge Subdivision - AZ-11-005, RZ-11-006; PP-11-011, CUP-11-009, MDA-11-011 and VAR-11-003 -9- A. Drawings 1. Vicinity Map •~•^~f T '; _ ti , -~, ^ ~ +•^• a^^^•~ ~••••z ~~ ^ F `, ^ I ~ ^ SA IX DR i p _~ w ~ ~, TQ~ c~~ ~ ~~ I I .NICK' POINTED- ~ . __ ~ ^ , ~ ~ ~ ~~ ~ ~ UTR-8 ~~; ~ I ~~~ ' i ~1 RUT ' ~ \ ~ ~~ R ~ ~' ~ ~ ~-`. I ,~ ~i\ r..~ i ~2 ~ ~ ~~I ~~ ~ z~° _~-_ ,~ ~l ~ / _~ ~ / -~_ ~ __ ~ ~ f - !?e ~ ~~ - J v\\lV ~ • ~ < ,' ~ r Q l '~ ~ ~ ~ ~ W BRgNp ~ W ~ R-l5 ~ ~ ° ~ R-4 ~ r~rv R-8 ~ . _ ~~ ~ ~ Q ^ ,;'~~ o ° ~ R-4 ~ z' m 3:; z ~ -, ~ ~ ~ y ~ TN-C 1 ~' 1_ --- _Z ,~, ,,,,,.,,,~., .. , .. iQ T ~' ° R-8 ~ ~ ' I > ~ L O ~ C-N ~3! 4 WEVERESTLN ' C-G ~ ~ ~ ~~ ~ ~ ~ W BOULDER 6AR DR n j i - I _ ~ ~~ _~ ai ~ ~ I ~ 1 ' - i ; ~` tom- ~ U L - w I ~~ ~ u~ ~ fV~GRAND ~~TOfV~ DR LLI I L~ , ~ I -w ~ °~ `` I z, ~ ~ ~I ~_ ~ ~~ ~ ~ I ~ ~ ~il~L~~' ~ ~ ~f ~ ~ ~ ~ W ~' R 4 w~ ~~,~ ,_ ~I-rw~~€sn~Kgd~\\~\-~ I \ o Z , -_ •- ° - i W LOS APIDS D l L}?ST~RADIDS DR ~AD~ ~R6E i ~ K ~ ~ ~I GLA6E CREEK ST ii I ~ Kip I ~ ~LAD~ ~~ ~ ~ T ~. ~ ~ -; --- ~ - i ; ~ '' p S R-8 ~ ~ ~ i . ~v W LF 4s OR ~ 1 \ , , . , L-Q P J2ARI ._ \ I ;.. _ ~. ~. ~ WHAM. RAPIDS ST ~~ - ~. ... __ ~ I A~_~ _.~~I. , ~ I~-~ i -RUT I I ( _ i ] ~ L I ; ~~~ I , w n~ARrew cREE~ dR - Exhibit A - ] - 2. FLUM Exhibit A - 2 - 3. Proposed Preliminary Plat ~IsI Y , r~r~ l ~ f, / ~~'~ _ ~ i sLOCx z _ ,a .K M 4 s .. ..~ / `_. ~~ ~ ~ _J ~~ ~.. ~ ._ .. ~~ 2 E ~ is ~ ~ ? .,~ ~ ~ _ s ~a ,.~» r ~ ~~ o ~c_' ~ _ _ ~. i ~ W ,~ , ' '~'J ~~~ j? etocx a ` ...s ~'~~' Y ,~. ._ --- ___ ~,..~,s. _~_- __~ . _ ..~ --.---,1 ...~-- tir--. ~ __ M° ""' {~ ~a, Exhibit A - 3 4. Proposed Landscape Plan ~: --ri.- tii.rT. 4xe t v..,....• hv.e- ~~~.~ •r fir: °'_ ~. 4i,.W ~ .. tai'! ~;.~'4 :e _... r~ ....... ®.~... v-, ,-, ~,.,~,.. ~~r G g;cx c ~ Ey th y `:e ~4 SY o ~~~ Lt00 Exhibit A _ 3 _ rn. a~n m Spurv+ng enz~„a cou ~A ae~,e M,P ,®,~ ip- O \.'.. P p I.1N'~- ~:':. 1~ ~~ ~~ ~;~ ~~ ~~~ THE CLUB AT C'liallenge Cowse SPURR'L\G Trauung Facilit}' ;~~~ ~:...~ Practice Area Exhibit A - 4 - 5. CUP Site Plan (Commercial Portion not Approved) 6. Training Facility Building and Maintenance Building Elevations .~ -'~ ~ ~r HEYA710N - -.~_ .. lPOI~/IN B.EYA710N .... .is. ~,a l Cr ITK~-0T 6EVA7gN ~Nf;R,111 aPVAiION 1~- ~r HNMION TIINlf~ fAOJrY ROO1 RAN "+ ~I ^ ` - /~~. ~~M- ~` ~P" lliVAllOi ~' I , S Na ---- rrprm atvA7gN wunewte ltiA6 RAN ~, 3 ~`< ~~~ M Exhibit A - $ - B. Conditions of Approval 1. Planning Department 1.1 Annexation, Rezone and Development Agreement Modification 1.1.1 Anew Development Agreement (DA) is required as part of the project approval. Prior to the ordinance approval, a new DA shall be entered into between the City of Meridian, the property owner(s) and the developer at the time of ordinance adoption. The Applicant shall contact the City Attorney's office to initiate this process. The DA shall be signed by the property owner and developer and returned to the city within two (2) years of the City Council granting approval of the project. The DA shall, at minimum, incorporate the following provisions: a. The applicant shall extend City sewer to the property to serve the existing club house, the future training facility, the future maintenance building and the future residential lots prior to City Engineer's signature on the final plat. b. Development of this site shall be restricted to the outdoor recreation use (golf course) and the 231ot residential subdivision. c. Prior to the development of the outdoor recreation facility (golf course) and associated buildings, the applicant shall submit a certificate of zoning compliance and administrative design review application to the Planning Department for review and approval. d. Prior to City Engineer's signature on the final plat, the applicant shall close the existing Spurwing Subdivision access to the state highway as set forth in UDC 11-3H-4 unless ITD grants the access and a variance is granted by Council. e. The applicant shall dedicate the 50 feet of additional right-of--way requested by ITD. £ Prior to the development of the C-C zoned property, the current owner (Sea to Sea, LLC) or any future owner shall modify the recorded development agreement (#106122365) and include a new concept plan consistent with the Mixed-use Community guidelines contained in the Comprehensive Plan. 1.2 Preliminary Plat -Site Specific Conditions of Approval 1.2.1 The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B. 1.2.2 The multi-use pathways shall be depicted on the landscape plans submitted with future final plat applications. A public pedestrian easement shall be recorded for these pathways. 1.2.3 Prior to City Engineer signature on the final plat, the applicant shall depict a public access easement for the multi-use pathways on the final plat. 1.3 General Conditions of Approval 1.3.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC Chapter 2 District regulations. 1.3.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.3.3 Construct the pathway and adjoining fencing and landscaping consistent with the standards as set forth in UDC 11-3A-7A7 and 11-3B-12C respectively. 1.3.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-3B-6 and MCC 9-1-28. Exhibit B - 1 - 1.3.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.3.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-SJ. 1.3.7 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C (streets). 1.3.8 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11C. 1.3.9 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5 and 11-3B-7C. 1.3.10 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, driveways, common driveways, easements, blocks, street buffers, and mailbox placement unless granted the variance approval by Council. 13.11 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 13.12 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12. 1.3.13 Construct amulti-use pathway consistent with standards in UDC 11-3H-4C. 1.3.14 Comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the guidelines set forth in the City of Meridian Design Manual. 1.3.15 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3.16 Comply with the outdoor storage as an accessory use standards as set forth in UDC 11-3A-14. 1.4 Ongoing Conditions of Approval 1.4.1 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 1.4.2 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.4.3 The applicant shall have an ongoing obligation to maintain all pathways. 1.5 Process Conditions of Approval 1.5.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.5.2 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.5.3 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years, or 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.5.4 Staff failure to site any specific ordinance provisions does not relieve the applicant from responsibility of compliance. 1.6 Conditional Use Permit 1.6.1 The site plan, prepared by Larson Architects, labeled MP-1, dated 10/25/11, is approved, with the conditions listed herein. The applicant shall revise the site plan as follows: Exhibit B - 2 - • The commercial portion of the plan is not approved; remove from the site plan. 1.6.2 The landscape plans, prepared by The Land Group, dated 11/19/10, are approved with the following comments: • Construct a 35- foot wide landscape buffer adjacent to Chinden Boulevard as proposed. • Construct the 20-foot wide landscape buffers along N. Spurwing Way as proposed. 1.6.3 The applicant shall comply with the specific use standards listed in UDC 11-4-3-2 for the outdoor recreation use. 1.6.4 Building elevations of the proposed training facility and maintenance building shall substantially comply with the elevations shown in Exhibit A.S. 1.6.5 The applicant shall submit a Certificate of Zoning Compliance and administrative design review applications with revised plans that comply with the conditions of approval listed herein, prior to establishment of the new use. 1.6.6 All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. 1.6.7 Provide temporary fencing around the perimeter of the building sites to contain debris during construction and shall be installed around the site prior to release of building permits. 1.6.8 The conditional use approval shall be null and void if the applicant fails to 1) commence the use within two years as set forth in UDC 11-SB-6F1 or 2) gain approval of a time extension as set forth in UDC 11-SB-6F4. 2. Public Works Department 2.1 Sanitary sewer service to this development is master planed to be served from extension of mains in N Sunset Maple Way. The applicant shall install mains to and through this subdivision; 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. 2.2 Water service to this will be provided by United Water. The applicant will need to contact United Water for requirements regarding this site. 2.4 The applicant shall provide a 20-foot common lot for all public sewer mains outside of public right of way. The common lot shall be covered with a blanket easement to the City of Meridian. 2.5 The applicant shall provide a 20-foot easement for all public sewer mains outside of public right of way (include all water services and hydrants). The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. Exhibit B - 3 - 2.6 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). 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, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, 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. 2.7 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.8 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.9 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.10 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. 2.11 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. 2.12 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. 2.13 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.14 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. 2.15 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 2.16 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.17 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.18 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. 2.19 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. 2.20 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACRD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. Exhibit B - 4 - 2.21 The applicants design engineer shall certify that all seepage beds out of the public right- of-way are installed in accordance with the approved design plans. This certification must be received by the City of Meridian Public Works Department prior to the project receiving final approval. 2.22 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.23 100 Watt and 250 Watt, high-pressure sodium streetlights shall be required per the City of Meridian Department of Public Works, Improvement Standards for Street Lighting. All streetlights shall be installed at sub divider's expense. Final design shall be submitted to the Public Works Department for approved. The street light contractor shall obtain the approved design on file and an electrical permit from the Public Works Department prior to commencing installations. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.24 Water service to this site is being proposed via extension of water mains under the jurisdiction of United Water. There maybe administrative issues arise once procedures for dealing with a separate water agency are implemented. The applicant shall coordinate with the City of Meridian during this process. 2.25 Though the City of Meridian will not own or maintain the water system in this development, final hydrant location shall be coordinated with and receive approval from the Public Works Department and Meridian Fire Department prior to construction plan approval. 2.26 Structures of 3600 square feet and larger including the garage, shall comply with the fire flow, and hydrant requirements of appendix b and c of the 2009 International Fire Code. 2.27 Prior to construction plan submittal the applicant's engineer shall have a joint meeting with Rick Jackson, a representative from United Water, and Bruce Freckleton, to discuss administrative procedures for construction plan review. 2.28 Prior to construction plan approval the applicant shall submit documentation from United Water that they have approved the water plans. 2.29 Prior to scheduling of apre-construction meeting the applicant shall submit documentation from United Water that all of their requirements have been met to be able to go to construction. 2.30 Any potential reimbursement agreement must be approved by the Public Works Director prior to construction plan approval. 3. Fire Department 3.1 The All electric gates are required to be 20' in width and equipped with a Knoxbox key switch as set forth in International Fire Code Section 503.6 & National Fire Protection Standard 1141, Section 5.3.17.3. 3.2 One and two family dwellings not exceeding 3,600 square feet require afire-flow of 1,000 gallons per minute for a duration of 2 hours to service the entire project. One and two family dwellings in excess of 3,600 square feet require a minimum fire flow as specified in Appendix B of the Intemational Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the International Fire Code. Exhibit B - 5 - 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire Hydrants shall have the 4 %" 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 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.. 3.5 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.6 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48' outside, per International Fire Code Section 503.2.4. 3.7 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and have a clear driving surface of 20' in width capable of supporting an imposed weight of 75,000 GVW, per International Fire Code Section 503.2. 3.8 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 3.9 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 3.10 The roadways shall be built to Ada County Highway District cross section standards and have a clear driving surface. Streets less than 26' in width shall have no on-street parking; streets less than 32' in width shall have parking only on one side. These measurements shall be based on the drivable surface dimension exclusive of shoulders. The overhead clearance shall be a minimum of 13' 6". The roadway shall be able to accommodate an imposed load of 75,000 GVW as set forth in International Fire Code Section 503.2.1. and D103.6.1 and D103.6.2. 3.11 Commercial and office occupancies will require afire-flow consistent with International Fire Code Appendix B to service the proposed project. Fire hydrants shall be placed per Appendix C. 3.12 Emergency response routes and fire lanes shall not be allowed to have speed bumps as set forth in International Fire Code Section 503.4. & National Fire Protection Standard 1141, Section 5.2.18. 3.13 As set forth in International Fire Code Section 503.2.5, the Fire Department is opposed to any landscape island in the middle of a cul de sac that may prevent a fire truck from turning around on the end of the court. Parks Department 4.1 Construct the pathway and landscaping consistent with the standards as set forth in UDC 11-3A- 7A7 and 11-3B-12C respectively. Exhibit B - 6 _ 4.2 The applicant shall design and construct the multi-use pathways consistent with the location and specifications (Chapter 3) set forth in the Meridian Pathways Master Plan unless otherwise approved by the Parks and Recreation Director. 4.3 Where the multi-use pathway crosses streets or drive aisles, the applicant shall revise the landscape plan to delineate a pathway surface different from that of the driving surface using scored concrete, pavers, or similar treatment. 4.4 The applicant shall have an ongoing obligation to maintain all pathways. 4.5 Construct amulti-use pathway consistent with standards in UDC 11-3H-4C. 4.6 At such time that the multi-use pathway from Linder Road to N. Lake Way, the applicant may petition the City to assume maintenance responsibilities. 4.7 Prior to City Engineer signature on the fmal plat, the applicant shall depict a public access easement for the multi-use pathway along Chinden Boulevard on the fmal plat. 5. Police Department 5.1 The applicant shall provide a temporary turnaround if the existing Spurwing Subdivision access point is closed to Chinden Boulevard. 6. Sanitary Service Company 6.1 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. 7. Ada County Highway District (COMMENTS HAVE NOT BEEN RECEIVED FROM ACHD) 7.1 Site Specific Conditions of Approval to follow later. 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 maybe 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 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. Exhibit B - 7 - 7.2.10 Payment of applicable road impact fees are required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 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. 8. Idaho Transportation Department 8.1 The new public road access (North Spurwing Way) location meets District policies. The location is aligned with the existing Long Lake Way and meets existing access spacing standards. TTD will require a standard approach permit for this new approach. The approach permit will require detailed engineering drawings and may require additional traffic information. Please contact Matt Ward at 334.8341 to complete the necessary application paperwork. 8.2 There is an existing traffic signal at the US 20-26 intersection with Long Lake Way. The site plan shows the new North Spurwing Way roadway aligning with Long Lake Way. The applicant will be required to reconstruct and expand the existing traffic signal. Please coordinate the signal design with ACHD staff once the access permit is approved by ITD. 8.3 The new North Spurwing Way will replace the existing Spurwing Way, located approximately 660-ft to the west. The original site plan for this project showed a cul-de-sac for the original Spurwing Way, closing the existing intersection, and renaming the original street as Spurwing Court. The current site plan shows retaining the existing Spurwing Way but limiting the US 20-26 intersection to right-in/right-out operation. The existing Spurwing Way intersection does not meet current ITD policy for intersection separation. The existing intersection does not meet the access management plan for the corridor. The access permit application for the new North Spurwing Way should include a plan to close the existing Spurwing Way intersection with US 20-26. 8.4 The US 20-26 corridor plan identifies a 200-ft right-of--way or 100-ft on either side of the section line. The project site appears to have 50-ft ofright-of--way at the present time. This development project should dedicate a total of 100-ft ofright-of--way, approximately 50 additional feet. 8.5 The corridor's importance and future traffic volumes on US 20-26 indicate that traffic noise may become an issue to any residential developments near the roadway corridor. IT'D does not install noise walls or noise berms. Any noise wall or noise berm considered for abutting US 20-26 should be constructed by the applicant and located outside the public right-of--way. Exhibit B - 8 - C. Legal Descriptions and Exhibit Maps October 29, 2011 Page 1 of 2 ~~ 6~ucidrelnt Consulting, Inc. EXHIBIT "A" SPURWII~IG [*HA><.><.FNGE PRELII1~lARY PLAT PROPERTY A parcel being a portion of Lot 78, Block 1 of Spmvving Subdivision recordod in Book 69 of Plat$ at Pages 7104 through 7108 sad a portion of Lot 1, Block 1 of Brandt Subdivision recwrded in Book 59 of Plats at Pages 5785 awl 5786, situated in a portion of the South'h of the Southeast %, and in a portion of the Southwest'/. of Suction 23, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the section corner common to Suctions 23, 24, 25 and 26 of said Township a~ Range; thenco along the south section line of said Suction 23, North 89°38'47" West 987.74 feat; thenco departing from said scetioa line North 00°22' 17" East 40.00 fit to thenorthright-of--way line of West Chindea Boulevard, said point being the POINT OF BEGINNING; thence continuing along said north right-of-way line the following five courses: North 89°38'47" Wort 1609.17 feet; thaaCa 94.94 foet along a curve to the right, said carve having a radius of 34337.48 feet, a delta angle of 0°09'30" sad s long chord bearing North 89°19'S 1" West 94.94 feet; thence Nord 86°27'22" West 250.26 feat; thence North 89°11'03" West 148.98 foot; thence departing from said north right-of-way lip 78.54 foot along a clove to tl-e right, said Curve having a radius of 50.00 feat, a dolts angle of 89°59'56" and a long chord bearing North 44°11'04" West 70.71 feet to a poart on the eastright- of-way lino of North Spurwing Way; thonco along said eastright-of--way We following courses: North 00°48'56" East 108.00 feet; thence North 00°31'00" West 215.06 feet; drence North 00°48'56" East 417.11 feet; thence 97.23 feet along a curvy to the left, said curve having a radius of 480.00 few, a dolts u-gle of . 11°36'20" and a long chord bearing North 04°59' 13" West 97.06 foot; thane departing from said east right-of--way line ....."i 904 w. overland • 9otse, to es~os • Phone (~1 ~-oosr • Fau isosl 3420092 • www.quadrant.cx c3vs Cxiptneertnp • Surveying Exhibit C -1- October 29, 2011 Page 2 of 2 ~~ ~6~uadrant Consuiting.lnc. 53.20 feet along a curve to the right, said curve having a radius of 30.00 feet, a delta angle of 101°36'36" and a long chord bearing North 40°00'47" Bast 46.50 feet to a point on the east right-of--way of North Penncross Way; thence along said eastright-of-way the following courses: South 89°11'43" East 95.02 feet; tharce 560.21 feet along a curve to the leR, said curve having a radius of 375.00 feet; a delta eagle of 85°35'37" and a long chord bearing North 48°01'16" East 509.55 feet to a point on the the north line of said south yz of southeast ~/. of Section 23; thence departing from saideastright- of-way and along said north line South 89°41'45" East 1717.44 feet; thence departing from said north line South 00°48'23" West 903.94 feet; thence South 00°42'47" Wtst 35.95 foot; thence North 89°41'25" West 50.71 feet; tharce South 00°22' 1 T' West 342.60 feet to the POINT OF BEGINNING. Said parcel contains 61.19 acres, more or less. Exhibit C - 2 - ° " ef' Il) '~ V --~~ ~ ~ o W p 3 M N ~ N ~ ~ O1 `,u ~n ~+_ ° "' ''~ 00 ~ ~ ~ ~ Z J ~ 6 X06 rnrn ".~ Z Ll ~ ~~ o O ~ r M„L l ZZ.OOS / Ii ~ Z ~ Z Z~ ~ m ~ti ~ N Z 3 Q W_ ~~ n ~ = J 'obi n J G.. -00~ ~ C~ W ~~ N ~- ~~ Z _ ~./ ~ Q \ W Z J ~ m Z J ~ Z W J a ~ ° Z U U Z ~ ~ n N N Z v - N ~ N \ I ~ I Z l l' _' m I -Z ~Z~" ~~ C3 L lip . 3„9S,8ti.00N L5 ~bl m JIdM ~NIM 21f1dS 'N ~; Oi W r ~ .. ., 0 ~ # ~ W ; W i n ~ Q . ~_ ~- Z z i z z m `` ~`- Z ~ w n ~ B 8 °.~ 8 ~ 8 N o rn 8 g 7 J J ~ J _7 J J W ~ ~ n On' ~ ~ 3 3 3 , ~ .- + .- r ~ . ~ Q Z Z ~ ~ • n ' ~ H F ~ ~ • tG ~, ~ 8 8 8 8 pp M p 60 M r ~ ~ ~~tt ~, ~ M ~ t Oi v ~ r~ N o N ~ N ~ t o~ ed ~ r` v~ ri r~ ~ 8 U V U 3 Exhibit C - 3 - ~~1 November 1g, 2011 ~ ^~ 6~Uadrant Page 1 oft Consulting, Inc. EX~BIT "A" ANNEXATION PROPERTY Pareel l - A parcel being a portion of Lot 78, Block 1 of Spterv-ittg Subdivision recoadod in Book 69 of Plats at Pages 7104 through 7108 ate a portion of Lot 1, Block 1 of Brandt Subdivision recorded in Book 59 of Plats at Pages 5785 and 5786, aitttated in a porton of tho South 54 of the 3otetheaat '/. and in a portion of the Sotathwt:sst'/s of Section 23, Township 4 North, Range 1 bleat, Boise Meridian, Ada County, Idaho, being more paittiaalarly described as follows: Commencing at the section ooaner common to Sections 23, 24, 25 and 26 of said Township and Range; thence along the section line common to said Sections 23 and 26 North 89°38'47" West 2596.97 feet to the POINT OF BEGINNING; thence cotttinttiatg aloatg said section line Noah 89°38'47" West 33.00 feat to the south gweter cower of avid Section 23; theucx continuing aleng said section li>m . North 89° 11'21" West 546.16 feet to a point on ffie centerline of North Spurwing Way; thence ~partiatg from said section line and ~ntinuing aksug said centerline the following North 00'48'56" Bast 842.09 feet; thence. 188.02 ifcec along a carne to tho left, said carne having a radius of 450.00 feet, a delta angle of 23°56'21" and a long chord beating North 11°09' 13" Wean 186.65 feet; thence from :aid centeaiiate South 89° 11'04" East 183.31 Poet to a point on the awrtherly right-of-way of North Peancanas Way: thence along said Fatherly night-of-way 481.22 feet along a curve to the left, said curve havit,~ a radius of 325.00 feet, a deha angle of 84°50'09" and a long chord bearing North 48°Z3'Sl"East 438.45 feet to a point en flue north line of said mouth ~ of the southeast'/, of Section 23; thencx depaating from said noathetly right-of- way and alott~ said north line South 89°41'45" East 374.50 feet; theatre South 00°27'09" West 479.91 feet; thence North 89°41'45" West 272.00 feet; theatre South 00°27'09" West 841.15 feet to the POINT OF BEGINNING. t9at w. overland • sobs, ~asros • Ftwrx (~ ate-oovi • rte. s~~ • www.yuaa~w,tcc . ~ GSA Enptreerbp •. Suiwytrp • •GoruhucMorr MaswpemeM . Exhibit C - 4 - Annexation Property Novembea 18, 2011 Page 2 of 2 ~~ Quadrant ConsultlnQ.lnc. Parcel Z - Lot 53, Block 1 of Spurwing Subdivision, recorded in the office of the Ads County Recorderas Instniment Nnmber 95045763. Said Parcel 2 comains 12.19 acres, more or less. The total area of Parcels 1 alai 2 comnbined Ls 30.00 acres, more ar less. REVIE ROVAL BY DEC 0 ~ 2011 M WORKS DEI'T• C Exhibit C - 5 - Exhibit C _ 6 _ ~~ November 18, 2411 ^~ 6~l1aC11'atlt Pagctof2 ~ Cona~ultlnp, Ilia. EJI3~IT "A" R-8 REZONE . A parcel being a portion of I.ot 1, Block 1 of Brandt Subdivision recordod in Book 59 of Plata at Pages 5785 and 5786, situated in a portion of the South ~a of the Southeast ~ of Section 23, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more pmticularly described ea follows: Commencing at the secl,ioa•coaier common to Sections 23, 24, 25 and 26 of said Township sad Range; thence along the acction line common m said Sections 23 and 26 North 89°38'47" West 987.74 fieet to the POINT OF BEG1tYNING; thence continuing along said section line North 89°38'47" West 1609.23 feet; thence departing from said section line North 00°27'09" East 841.1 S feet; thence South 89°41'45" East 272.00 foot; thence Noah 00°27'09" East 479.91 feet to the north line of avid south'/s of aoufh~ %. of Set4ioa 23, thence along said north line South 89°41'45" East X393.15 fat; theacc departing from said north line South 00°48'23" bleat 903.94 fait; thcace South 00°42'47" Wcst 35.95 feet; thence North 89°41'25' West S0.7I >~ thence South 00°22' 17" West 382.60 feet to the POINT OF BEGINNING. Said parcel contains 46,97 ac~as, more or less. REVI ROVAL BY ~C 0 1 2011 • MERIDIAN PUBLIC '~ . WORKS DEPT. -r. ; ... ... 1904 W. Overland . • Bobo, a) B3T06 • Ptrone (20a) 342-0091 • Floc (2118} 342.0092 • www.quodiantoc • ~ ~ .. . .. Cti1 Enyhserlnp •. Survey(np •. C,orrdnrclldn MafppemMt Exhibit C - 7 - C ~~ N N v ~ s.. „ ~ ~ :~ N N v t o ~ ~~ ~ ~ ~nn,~ief oos "~ . s e~ ~ ^^ ~ ~ M„L I,ZZ.00S c~ ~_ • ~ is ~ am • W ~~ Z o~ n O t°~i '- N n ~ N • I ~ 3 ~ ~ U 00 ~ ~ O ~ ~ ~ .. ~ ~ ~ z m ~a ~ ~ S ~ ~ p' ~ m ~- ~ J ~ ~ m m 0 W w Z N V \ S t' 4i'B ~ 3„60,LZ.OON ~j ~ z \ ~C~j ~ Z~"' I ia3 I ~ s ~ ~ ~ . I JIdM JNIM21f1dS 'N ~ '--'- J J Exhibit C - 8 - .November 1s, 2011 ~ ^^ 9uadrant Pagelof2 Consultlnfl. Inc. . EXHIBIT ~A" C-C RE7.ONE • A parcel bang a portion of Lot 1, Block 1 of Brandt Subdivision reoozded in Book 59 of Pleb at ' Pages 5785 and 5786, sitaatod in tiros South'~4 of the Southeast y of Section 23, Township 4 North, Range 1 West, Boise Meridian, Ada Couaty, Idaho, being more particularly described sa follows: Commencing at the section cornea common to Sectioms 23, 24, 25 and 26 of said Township and ~Se; thence continuing along the south line of said Section 23 • North 89°38'47" West 498.62 feet to the POINT OF BEGINNING; thence continuing along said south line . North 89°38'47" West 489.12 feet; thence deporting from said south line North 00°22'17" East 382.60 feet; thence South 89°41'ZS" Bast 50.71 ~ thence North 00°42'47" Eest 35.95 feat; thenca • South 88°50'33" East 441.26 feet; thence South 00.47'29" West 412.41 feet; to the POIiNT OF BEGINNING. Said parcel contains 4.64 acres, more or less. ' REV PROVAL ' BY ' ~C 012011 • • ~ MERIDIAN PUBLIC • WORKS DEPT. ' .. .. .. • 1904 W. Overtand • 'aorta. ID 03706 • Ptwns (208) 342.0091 • Ftot p~er~p8) 34?~0092 • www.q~adnalytoc .. • cM ErgtnserM~p •. • Corxkuclton Manapsment ~ . .' ~ ~ ~~ Exhibit C _ g _ M ~~ V O .., Z r ;~ ~ . m N Z ~~n~ W ~ ~~~~ J J ao-oa a3aNn •N i w C~ I ~ Z I t- z z~ ow am ,«z« M.6Z,Li:00S W ` ~I ~~ 3•L I,ZZ.00N C ~ v~ ~~ v} ~~ C ~~ U ~ F - ' W ~. O ~ ~ a U ~ N Z N ~ Q c ~ n ~ ~ ~ ~~ N ~ N W ar } ~ ~- ~ m 4 U .. U J m ~ m Z Z ~ m _ U _ = X W ~^ Exhibit C - 10 - D. Required Findings from Unified Development Code 1. Annexation and Rezone 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 annex 30 acres of land form RUT in Ada County to the R-8 zone in the City and rezone of 51.61 acres for the R-4 and TN-C to R-8 and C-C. The proposed zoning districts are consistent with the Comprehensive Plan. Staff finds that the proposed development complies 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; Staff finds that proposed development would comply with the established regulations and purpose statement of the R-8 zoning district. Staff finds that the proposed map amendment does comply with the regulations of the proposed district. C. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Staff finds that the proposed zoning amendments 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, Staff finds that the proposed zoning amendments will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site since services are not available. E. The annexation is in the best of interest of the City (iTDC 11-5B-3.E). If the applicant complies with the development agreement provisions and the conditions of approval, staff finds the annexation and the rezone is in the best interest of the City. 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; Staff finds that the proposed plat are in general conformance with the comprehensive plan (please see Section 8 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). B. Public services are available or can be made available and are adequate to accommodate the proposed development; Staff finds that services can be made available to accommodate the proposed development. Exhibit D - 1 - 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, staff finds that the subdivisions will not require the expenditure of capital improvement funds. D. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., police, fire, ACRD, etc.) to determine this finding. E. The development will not be detrimental to the public health, safety or general welfare; and Staff is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACHD considers road safety issues in their analysis. Staff recommends that the Commission and 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 is unaware. F. The development preserves significant natural, scenic or historic features. Staff is unaware of any natural, scenic or historic features on this site. Therefore, staff 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. The Commission and Council should 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. Conditional Use Permit Findings The Council shall base its determination on the Conditional Use Permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Staff finds that the site is large enough to accommodate the proposed use and comply with the dimensional and development regulations of the R-8 zoning district. 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Comprehensive Plan Future Land Use Map designation for this property is Low- density residential, Medium-density Residential and Mixed-use Community. Staff finds the proposed subdivision and outdoor recreation facility complies with the applicable Plan goals and objectives and the requirements of the UDC. 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Staff finds that, if the Applicant complies with the conditions outlined in this report, the proposed use of the property should be compatible with other uses in the general area and Exhibit D _ 2 _ with the existing and intended character of the area. Further, Staff believes that the proposed use will not adversely change the essential character of the area as the major of the county development is low density in the area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. Staff finds that, if the Applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. The Commission should rely upon any public testimony provided to determine if the development will adversely affect the other property in the vicinity. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. Staff finds that the subject property is currently served by public facilities such as streets, police, and fire protection. Staff finds that the proposed use will continue to be served adequately by those facilities and services previously mentioned. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. Staff finds the proposed use of the property should not create excessive additional costs for public facilities and services. Staff fords that the proposed use will not be detrimental to the community's economic welfare. 7. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors. Staff does not believe that the proposed use will involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reasons of excessive production of smoke, fumes, glare, or odors. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic, or historic feature considered to be of major importance. Staff finds that there should not be any health, safety or environmental problems associated with the proposed use that should be brought to the Commission's attention. Staff finds that the proposed use of the property as an outdoor recreation facility will not result in the destruction, loss or damage of any natural, scenic, or historic feature of major importance. 4. Variance Findings: The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11-SB-4.E 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: 1) Staff believes the extended block length for block 1 would not grant a right or special privilege because the existing street network is in place and existing fairways and planned fairways limit street and pedestrian connectivity. Exhibit D _ 3 _ The UDC gives options to vary the block length by providing pedestrian connectivity. The applicant has been given options but has elected to move forward with the variance. Staff believes pedestrian connectivity could be enhanced given the fact the property is vacant developable land. 2) Staff finds granting the access to Chinden Boulevard as proposed by the applicant grants a special privilege as other properties along Chinden Boulevard have approved access at the half mile consistent with the UDC. B. The variance relieves an undue hardship because of characteristics of the site; 1) Staff finds granting the variance for block lwould relieve the applicant from an undue hardship because this portion of development was designed and constructed with the Spurwing Subdivision and the existing golf course and planned golf course will surround the residential lots making it difficult to provide additional street and pedestrian connections. However, Block 2 and Block 3 have not been developed yet and staff believes there is an opportunity to provide pedestrian connectivity without compromising the design proposed by the applicant. A pathway could be extended between lot 4 and 5 thus meeting the intent of ordinance by breaking up the block length with a pedestrian connection. 2) Staff finds there is no undue hardship for the applicant to overcome because a new collector street is proposed at the half mile to align with Long Lake Way to the south consistent with the UDC 11-3H-4. C. The variance shall not be detrimental to the public health, safety, and welfare. 1) Staff finds granting the variance for the extended block lengths for the entire subdivision would not be detrimental to the public health, safety and welfare of the community. The applicant has been coordinating with the Fire Department to discuss any public safety concerns. 2) Staff finds granting the access variance to Chinden Boulevard would be detrimental to the public health, safety and welfare of the community. ITD has indicated the existing Spurwing entrance does not meet current ITD policy for intersection separation and doe not meet the access management plan for the corridor. Exhibit D - 4 -