PZ Recs/Staff Report REV 1/23STAFF REPORT
Hearing Date:
TO:
FROM:
SUBJECT:
January 24, 2011
Mayor and City Council
Bill Parsons, Associate City Planner
(208) 884-5533
E IDIAN~--
IDAHO
AZ-11-005, RZ-11-006; PP-11-011, 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. The Meridian Planning & Zoning Commission heard these items on December 15,
2011. At the public hearing, the Commission voted to recommend approval of the subiect AZ,
RZ, PP and CUP requests.
a. Summary of Commission Public Hearing:
i. In favor: Cornel Larson
ii. In opposition: None
iii. Commenting: Andrew Lawrence (neutral), Ken Malea (favor)
iv. Written testimony: None
v. Staff presenting application: Bill Parsons
vi. Other staff commenting on application: Pete Friedman. Scott Steckline
b. Kev Issue(s) of Discussion by Commission:
i. None
c. Kev Commission Change(s) to Staff Recommendation:
i. Added DA provision to address timing for the construction of the driving range.
ii. Modified condition 1.2.2 to remove the requirement for the pedestrian easement.
iii. Modified condition 1.2.3 added language that documentation be provided from ITD for
the construction of the 10-foot multi-use pathway in the public right-of--way.
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iv. Modified condition 1.3.3 to remove the fencing requirement.
v. Modified condition 2.4 to provide a permanent sewer easement rather than a common
lot.
vi. Struck through conditions 2.17.4.3.4.6 and 4.7
vii. Added a new condition of approval that requires CUP modification if netting is
proposed along the northern property boundary of the driving range.
d. Outstanding Issue(s) for City Council:
i. None
3. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-11-
005, RZ-11-006, PP-11-011, CUP-11-009, MDA-11-011 and VAR-11-003 as presented in staff report
for the hearing date of January 24, 2012 with the following modifications: (Add any proposed
modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-11-005,
RZ-11-006, PP-11-O11, CUP-11-009, MDA-11-011 and VAR-11-003 as presented in staff report for
the hearing date of January 24, 2012 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-11-005, RZ-11-006, PP-11-011, CUP-11-009, MDA-11-011
and VAR-11-003 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
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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);
January 2 and 16, 2012 (City Council)
C. Radius notices mailed to properties within 300 feet on: November 21, 2011 (Commission);
December 22, 2011 (City Council)
D. Applicant posted notice on site by: December 5, 2011 (Commission); January 9, 2012 (City
Council)
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.
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.
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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
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 be 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 3S foot landscape buffer as required by the UDC. Further, a portion of the planned
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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 S foot wide attached sidewalks for the planned public streets. The
installation of these facilities will enhance the pedestrian connectivity in the area ad help facilitate
safer movement of people 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)
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 &ontage/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.
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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
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
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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 I{nightsky Estates Subdivision. Now that new
development plans are proposed, the approved 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.
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
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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.
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 have 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.
Spurwing Challenge Subdivision - AZ-11-005, RZ-11-006; PP-11-011, CUP-11-009, MDA-11-011 and VAR-11-003
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Landscaping Requirements
Entry Wav 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 may be 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. 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.
X. EXHIBITS
A. Drawings
Spurwing Challenge Subdivision - AZ-11-005, RZ-11-006; PP-11-011, CUP-11-009, MDA-11-011 and VAR-11-003
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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
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A. Drawings
1. Vicinity Map
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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.
f. 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.
g. After annexation ordinance approval, the developer shall submit and obtain approval of a
property boundary adjustment (PBA) in the co~g;uration of the proposed subdivision to
create a parcel for the construction of the new driving range. After recordation of the
PBA, the developer is herebypermitted to construct the driving range in the location as
shown on the Master Site Plan upon the issuance of a certificate of zoning compliance
and desi,gxx review approval. The developer shall submit and obtain approval of a fmal
plat within two years of preliminary_plat approval and the driving range shall be included
as a lot with the first phase if the plat is planned to develop in phases.
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 pathway shall be depicted on the landscape plan submitted with fixture final plat
applications.
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 or provide documentation that ITD has
improved construction of the pathway in the right-of-wad
Exhibit B - 1 -
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 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.
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 ul 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.
Exhibit B - 2 -
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 fmal 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:
• 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.
1.6.9 The developer shall seek a conditional use permit modification if netting is proposed along the
northern boundary of the driving range.
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.
Exhibit B - 3 -
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 wide permanent easement eee~let for all public sewer
mains outside of public right of way ~~cor~~"''° ° °~ ~~:'.: 'c'.""''°~ ° °~':
in favor of 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.
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 maybe 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.
Exhibit B - 4 -
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.
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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.
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
Exhibit B - 5 -
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
International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the
International Fire Code.
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'.
£ 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
Exhibit B - 6 -
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.
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.
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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.
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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 (Rezone and Preliminary Plat)
7.1 Site Specific Conditions of Approval (PP)
7.1 Comply with the requirements of ITD and the city of Meridian regarding the Chinden Boulevard
frontage. Submit to the District a letter from ITD regarding said requirements prior to signature
on the final plat.
7.2 Construct curb, gutter and 5-foot wide concrete sidewalk on the existing Spurwing Way, abutting
the site. Provide the District with an easement for any portion of sidewalk on Spurwing Way
located outside of the right-of--way.
7.3 Construct curb, gutter and 5-foot wide concrete sidewalk on Penncross Way, abutting the site.
Provide the District with an easement for any portion of sidewalk on Penncross Way located
outside of the right-of--way.
Exhibit B - 7 -
7.4 Construct the internal streets (Spurwing Way, Three Lakes Way and Island Green Court) as 36-
foot street sections with rolled curb, gutter and 5-foot wide attached concrete sidewalks within a
minimum of 50-feet ofright-of--way, as proposed.
7.5 Construct three landscape medians on Spurwing Way located as follows:
• 12-foot wide maximum landscape median beginning at the intersection of Spurwing Way
and Chinden Boulevard and running north for approximately 240-feet, as proposed.
• 12-foot wide maximum landscape median beginning at the intersection of Spurwing Way
and Penncross Way and running southeast for approximately 50-feet, as proposed.
• 12-foot wide maximum landscape median beginning 120-feet southeast of the
intersection of Spurwing Way and Penncross Way and running southeast for
approximately 500-feet, as proposed.
7.6 Provide a minimum of 21-feet of pavement on either side of the landscape medians. The medians
shall be dedicated as right-of--way and a licensing agreement shall be applied for with the District
regarding any landscaping within the medians.
7.7 Construct one 12-foot wide maximum landscape median on Three Lakes Way beginning at the
intersection of Three Lakes Way and Spurwing Way and running east for approximately 170-feet,
as proposed.
7.8 Provide a minimum of 21-feet of pavement on either side of a114 proposed landscape medians.
The medians shall be dedicated as right-of--way and a licensing agreement shall be applied for
with the District regarding any landscaping within the medians.
7.9 Construct one stub street to the south (Island Green Court) located approximately 600-feet north
of Chinden Boulevard and 1,350-feet west of Linder Road, between Lot 12 Block 2 and Lot 5
Block 3. Construct a paved temporary turnaround at the terminus of Island Green Court and
install a sign stating "THIS ROAD WILL BE EXTENDED IN THE FUTURE" at the terminus of
Island Green Court. If the temporary turnaround extends onto a buildable lot, the entire lot shall
be encumbered by the easement and identified on the plat as anon-buildable lot until the street is
extended.
7.10 Payments of impact fees are due prior to issuance of a building permit.
7.11 Comply with all Standard Conditions of Approval.
7.2 Site Specific Conditions of Approval (RZ)
This application is for a rezone only. Listed below are some of the site-specific conditions of
approval that the District may require when it reviews a future development application
(additional site-specific requirements may be levied with a specific redevelopment application).
7.2.1 Comply with the requirements of ITD and the city of Meridian regarding the Chinden Boulevard
frontage. Submit to the District a letter from ITD regarding said requirements prior to signature
on the final plat.
7.2.2 Dedicate 48-feet ofright-of--way from the centerline of Linder Road, abutting the site. The right-
of-way purchase and sale agreement and deed must be completed and signed by the applicant
prior to issuance of a building permit (or other required permits). Allow up to 30 business days to
process the right-of--way dedication after receipt of all requested material. The District will
purchase the right-of--way which is in addition to existing right-of--way from available Corridor
Preservation Funds.
Exhibit B - 8 -
7.2.3 Construct Island Green Court as a 36-foot commercial street section with vertical curb, gutter and
5-foot wide concrete sidewalks. Island Green Court shall intersect with Linder Road 390-feet
north of the intersection of Linder Road and Chinden Boulevard and shall connect with the Island
Green Court stub at the west property line, as proposed.
7.2.4 Replace the existing 24-foot wide driveway on Linder Road, located approximately 590-feet
north of the intersection of Linder Road and Chinden Boulevard with vertical curb, gutter and
sidewalk to match the existing conditions on either side.
7.2.5 Replace the existing 20-foot wide driveway on Linder Road, located approximately 450-feet
north of the intersection of Linder Road and Chinden Boulevard with vertical curb, gutter and
sidewalk to match the existing conditions on either side.
7.2.6 Other than the access specifically approved with this application, direct lot access is prohibited to
Linder Road.
7.2.7 Payments of impact fees are due prior to issuance of a building permit.
7.2.8 Comply with all Standard Conditions of Approval.
7.3 STANDARD CONDITIONS OF APPROVAL (Both RZ and PP)
7.3.1 Any existing irrigation facilities shall be relocated outside of the right-of--way.
7.3.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or
right-of--way.
7.3.3 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7.3.4 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.
7.3.5 A license agreement and compliance with the District's Tree Planter policy is required for all
landscaping proposed within ACHD right-of--way or easement areas.
7.3.6 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.
7.3.7 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.
7.3.8 In accordance with District policy, 7203.6, the applicant may be required to update any existing
non-compliant pedestrian improvements abutting the site to meet current Americans with
Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of
ADA compliance to District Development Review staff for review.
7.3.9 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.
7.3.10 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
Exhibit B - 9 -
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
7.3.11 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.
7.3.12 If the site plan or use should change in the future, ACHD Planning Review will review the site
plan and may require additional improvements to the transportation system at that time. 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 ACHD Policy and Standard conditions of approval in
place at the time unless awaiver/variance of said requirements or other legal relief is granted by
the ACHD Commission.
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. ITD
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. ITD 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 - 10 -
C. Legal Descriptions and Exhibit Maps
October 29, 2011
Page i of 2
~~ 6~uadrant
Conaultinp, Inc.
EXHIBIIT "A"
SPURWING CHALLENGE
PRELIIVIIIQARY PLAT PROPERTY
A parcel being a portion of Lot 78, Block 1 of Spurwing Subdivision recorded in Book 69 of
Plats at Pages 7104 through 7108 and a portion of Lot 1, Block 1 of Brandt Subdivision recorded
in Book S9 of Plats at Pages 5785 and 5786, situated in a portion of the South ~ of the Southeast
Y. and in a portion of the Southwest y. of Section 23, Township 4 North, Range 1 West, Boise
Meridian, Ads County, Idaho, being more particularly described as follows:
Commencing at the section coma common to Sections 23, 24, 25 and 26 of said Township and
Range; thence along the south section lice of said Section 23, North 89°38'47" West 987.74 fat;
thence departing from said section line
North 00°22' 1T' Bast 40.00 feet to the north right-of-way lime of West Chinden Boulevard, said
point being the POINT OF $EtH1VNING; thence continuing along said ~ right-off way line
the following five coupes:
North 89°38'4T' West 1609.17 feet; thence
94.94 foot along a curve to the right, said curve having s radius of 34337.48 fxt, a delta angle of
0°09'30" and a long chord bearing North 89°19'51" Wed 94.94 feet; thence
North 86°27'22" bleat 23026 feet; thence
Narth 89° 11'03" West 148.98 fed; thence departing from acid northright-of-way line
78.54 feot along a curve to the right, said curve having a radius of 50.00 fed, a delta eagle of
89°59'56" and a long chord bearing North 44°11'04" West 70.71 feet to a poi on the east right-
of-way line of North Spurwing Way; thence along :aid eastright-of-way the following courses:
North 00°48'56" East 108.00 fed; thence
North 00°31'00" West 215.06 feoi; thence
North 00°48'56" East 417.11 fed; thence
97.23 fed along a curve to the left, said curve having a radius of 480.00 fod, a delta angle of .
11°36'20" and a long chord bearing North 04°59'13" West 97.06 fec4; thence departing from
said east right-of-way line
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Exhibit C - 1 -
October 29, 2011
Page 2 of 2
~ ~ Quadrant
Consulting, inc.
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°00'4T' East 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 foet; thence
560.21 feet along a curve to the leR, said curve having a radius of 375.00 feet; a delta angle of
85°35'3T' and a long chord bearing North 48°01' 16" East 509.55 feet to a point on the
the north line of said south ys of southeast.'/. of Section 23; thence departing fiom said eastright-
of-wayend 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; tharce
South 00°42'4T' West 35.95 feet; thence
North 89°41'25" West 50.71 feet; thence
South 00°22' 1 T' Wit 342.60 few to the POINT OF BEGINNING.
Said parcel contains 61.19 acres, more or less.
Exhibit C - 2 -
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Exhibit C - 3 -
November 18, 2011 ~ ~ ~ 6kladrant
Pagelof2 Consuitlnp.Inc.
EX~TT °A"
ANNEXATION PROPERTY
Patcd 1-
A parcel being a poxti~ of Lot 78, Bloch 1 of Spurwing 3ubdivi:iaa rcoasdod in Book 69 of
Plats at Pages 7104 thmugh 7108 and a portiere of Lot 1, Block 1 of Brandt Snbdiviaion reoot~d
in Book 59 of Plata at Pages 5785 and 5786, situated in a portion of the South'y, of the Southeast
'/s sad in a portion of the Southwest Y. of Section 23, Township 4 Nasth, Range 1 West, Boise
Meridian, Ada County, Idaho, bring more particularly desai'bed as follows:
Commencing at the section corner common to Sections 23, 24, 25 and 26 of acid Township and
Range; thence along the section line common to said Sections 23 and 26 North 89"38'47" Nest
2596.97 fiat to the POINT OF BEGINI~NG; thence coniiauiuog slang said section line
North 89°38'47" Wei 33.00 fist to the south qusrter owner of said Section 23; theaoe
continuing along said section lino .
North 89°11'21" West 546.16 feet do a poirrt on the centealine of North Spurwing Way; thauce
depardryg from said section line and continuing along said Ime the following coruses:
North t>D°48'S6"Bast 842.09 &+et; tb~ace.
188.02 foot along a curve do ~ kR, said curve having a radius of 450.00 feet, a deha angle of
23°36'21" sad a kung chord bearing North 11°09' 13" West 186.65 ~ timnce departing from
said centerline
South 89° 11'04" East 183.31 feet to a paid on the northerly right-of-way of North Penncroas
Way: (hence along said northafyright-0f-way
481.22 fat along a curve to the left, acid curve having a radius of 325.00 feat, a delta angle of
84°50'09" and a long chord boaring North 48°23'51" East 438.45 feat to a point on the north line
of said south Yi of the southeast'/. of Section 23; them departing from said northe fi right-of-
wayandalong said north line
South 89°41'45" East 374.50 feet; thence
South 00°27'09" Weat 479.91 feat; theme
North 89°41'45" West 272.00 feet; thence
South 00°27'09" West 841.1 S fat to the POINT OF BEGINMNG.
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Exhibit C - 4 -
Annexation Property
November 18, 2011
Page 2 of 2
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Conaultlnp.lnc.
Parcd 2 -
Lot 53, Block 1 of Spurwing Subdivisioq recorded in the office of the Ada Cwmty Recocderas
lnatrumant Number 95045'763.
Said Parcel 2 cwc~ins 12.19 acres, more or k~as.
The total aces of Pamela 1 and 2 combined is 30.00 acres, more a leas.
REVIE , ROVAL
BY
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M WORKS DEPT
Exhibit C - 5 -
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November 18, 2011
Page i of 2
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Conaulting, Inc.
EJ~IIT "A"
R-8 REZONE .
A parcel being a portion of Lot 1, Block 1 of Brandt Subdivision rwoided in Boole 59 of Plata a<
Pages 5785 and 5786, sit»ated in s portion of the Sotith 54 of the Sotrthemt i~+ of Sation 23,
Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, bring more particularly
described as follows:
Commencing at the aa~ion •comet common to Sxtions 23, 24, 2S ud 26 of said Township a~
Range; theses along die section line commcai to aid Scctiom 23 and 26 Naaih E9°38'47" West
987.74 feet ~ the POINT OF BEGIIYN11~lG; theme continuiaag a~ aid section line
North 89°38'47" West 1609.23 feet; thence departing &~ aadd section lice
North 00°27'09" Bast 841.1 S ~: dunce
South 89°41'45" East 272.00 feet; thence
Narth 00°2T'09" Ea:< 479.91 ~ to the north line of said sotrtli !4 of soidltwt'/+ of Secxion 23,
thencx along aid north line
South 89°41'45" Bast X393.15 fat; dunce departing Boar said north >i~
South 00'48'23" Wont 903.94 feet; thence
South 00°42'47" Wei 35.95 feet; thence '
North 89°41'25" West 54.71 fat; thence
South 00°22' I7" West 382.60 feet to the POINT OF BEGIIYPIING. .
Said parcel contains 46.97 sexes, more or kss. .
REVI ROYAL
BY
~C 0 1 2011 ~ .
MER1DlAN PUBLIC
WORKS DEPT.
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Page 1 oft Conaultln~, Inc.
E7i~iT KA"
GC REZONE'
A parcel being a portion of Lot 1, Block 1 of Brandt Subdivision recorded in Book S9 oaf Plata at
Pages 5785 sad 5786, aittuaod in the South ~fi of dre Sorrtheast'/• of Section 23, Tower 4
Noah, Range 1 west, Bois Meridian, Ada County, Idaho, being more particularly describes as
follows:
Commencing at the section corner common to Saxiona 23, 24, ZS and 26 of add Township and
Range; thonce continuing along the south Line of said Sxtioa 23 •
North 89°38'47" West 49H.62 foot to the POINT OF BEGINNING; thence c~atinrring along
said south line
North 89°38'47" West 489.12 Poet; thence departing hnsn acid south line
North 00°22'17" East 382.60 feet; thence
South 89°41'25" Bast S0.?1 thence
North 00°42'47" Bast 35.95 feet; thence
South 88°50'33" Bast 441.26 ~ thence .
South ~°47'29" Went 412.41 foal; to the POINT OF BEGINNING.
Said parcel contains 4.64 acres, more or less.
REV PR'OVAL
BY
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MERIDIAN PUBLIC
WORKS DEPT.
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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. The Commission
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;
The Commission finds that proposed development would comply with the established
regulations and purpose statement of the R-8 zoning district. The Commission 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;
The Commission 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,
The Commission 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-SB-3.E).
If the applicant complies with the development agreement provisions and the conditions
of approval, the Commission 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;
The Commission finds that the proposed plat is 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;
The Commission finds that services can be made available to accommodate the proposed
Exhibit D - 1 -
development.
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 Commission 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
The Commission 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.
The Commission is unaware of any natural, scenic or historic features on this site.
Therefore, the Commission 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.
The Commission 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. The
Commission 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.
Exhibit D - 2 -
The Commission 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 with the existing and intended character of the area. Further, the
Commission 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.
The Commission 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.
The Commission finds that the subject property is currently served by public facilities
such as streets, police, and fire protection. The Commission 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.
The Commission finds the proposed use of the property should not create excessive
additional costs for public facilities and services. Staff finds 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.
The Commission 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.
The Commission finds that there should not be any health, safety or environmental
problems associated with the proposed use that should be brought to the Council's
attention. The Commission 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:
Exhibit D - 3 -
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.
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 1 would 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 not 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.
Exhibit D - 4 -