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Spurwing Challenge Subdivision - AZ-11-005 RZ-11-006 PP-11-011 CUP-11-009 MDA-11-011 VAR-11-003
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER C~~E IDIAN~- IDAHO In the Matter of Annexation of 30 Acres, Rezone of 51.61 Acres from the R-4 and TN-C zones to the R-8 and C-C zones, Preliminary Plat Consisting of 23 Residential Lots and 3 Common Lots, Conditional Use Permit for an Outdoor Recreation Facility, Development Agreement Modification and Access and Block Length Variance for the Spurwing Challenge Subdivision, Located Near the Northwest Corner of Chinden Boulevard and N. Linder Road, by The Club at Spurwing, LLC. Case No(s). A~11-005, R~11-006, PP-11-011, CUP-11-009, MDA-11-011 and VAR-11-003 For the City Council Hearing Date of: January 24, 2012 (Findings on February 7, 2012) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of January 24, 2012, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of January 24, 2012, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 24, 2012, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of January 24, 2012, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-11-005, RZ-11-006, PP-1 I-01 I, CUP-11-009, MDA-11-011 and VAR-] 1-003 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval attached in the Staff Report for the hearing date of January 24, 2012, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for annexation, rezone, preliminary plat, conditional use permit, development agreement modification and variance is hereby approved per the conditions of approval in the attached Staff Report for the hearing date of January 24, 2012, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, maybe considered for final approval without resubmission for preliminary plat approval (LJDC 11-6B-7B). Upon written request and filed by the applicant prior to the temunation of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council maybe granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B-7C). Notice of Two (2) Year Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of two (2) years unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building pernuts and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be signed by the City CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-11-005, RZ-11-006, PP-11-O1 1, CUP-11-009, MDA-11-011 and VAR-11-003 -2- Engineer within this two (2) year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) two (2) yearperiod. Additional time extensions up to two (2) years as determined and approved by the City Council maybe granted. With all extensions, the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-SB-6F). Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation and/or rezone (UDC 11-SB-3D). A modification to the development agreement maybe initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the two (2) year approval period (UDC 11-SB-3F). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which maybe adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of January 24, 2012 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASENO(S). AZ-11-005, RZ-I I-006, PP-11-011, CUP-11-009, MDA-I I-Ol l and VAR-11-003 -3- By action of the City Council at its regular meeting held on the 2012. COUNCIL PRESIDENT DAVID ZAREMBA COUNCIL VICE PRESIDENT BRAD HOAGLUN COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) Attest: City Clerk V 2G 9 ~ Cify of ~' IDIAN~ IDNMO m!~ \yTA [~ W SEAL y V!y/ day of VOTED VOTED~~ ~ " VOTED VOTED VOTED Copy served upon Applicant, The Planning Wit, Public Works Department and City Attorney. B : Dated: 1 Ci er ' ce CITY OF MERIDIAN FINDINGS OF FACT, CONCLUS10N5 OF LAW AND DECISION & ORDER CASE NO(S). AZ-11-005, RZ-I 1-006, PP-] 1-Ol 1, CUP-11-009, MDA-11-011 and VAR-11-003 -4- EXHIBIT A STAFF REPORT ~Ty'+ T T p ~T Hearing Date: January 24, 2011 (~L'i 1~11"~l ~1 iT TO: Mayor and City Council I D A H d FROM: Bill Parsons, Associate City Planner (208)884-5533 SUBJECT: 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. Commenfing: 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 TTD for the construction of the 10-foot multi-use pathway in the public right-of--way. Spurwing Challenge Subdivision- AZ-I1-005, RZ-11-006; PP-11-O1 1, CUP-11-009, MDA-11-O1 l and VAR-] 1-003 -1- EXHIBIT A iv. Modified condition 1.3.3 to remove the fencine requirement. v. Modified condition 2.4 to provide a permanent sewer easement rather than a common lot. vi. Struck throueh conditions 2.17, 4.3, 4.6 and 4.7 vii. Added a new condition of approval that requires CUP modification if nettine is proposed alone the northern property boundary of the drivine ranee. d. Outstanding Issue(sl for City Council: i. None he Me ridian City C'opncil heard these items nn .Tanuarv 24.2012. At the nnhlic hearin .the nuncil ~, annroved the snhiect A7. R7,- PR CT1P. VAR and MDA reaps s ummary of City Council Public Aearin¢: L In favor: Cornell,arson ii. In opposition: None iii. Commentinn• Ken Malea Andrew T awrence Marv Cobalt and Shawn Nickel lv. Written testimony: None Y. Staff presenting annlication: Rill Parsons vi. ther staff commentin¢ nn application: Pete Friedman. Rill Narv. Mark Niemeyer lz, ev issues of Discussion by Conncil• L uhlic safety concerns with the existing Snprwin¢ Subdivision entrance remainin p, oven as a right-in/right-opt accecc to Chinden Roulevard. ev Council Cha pes to Staff/Commission Recommendation i. he Council annroved the variance requests to allow the extended block lengths a provision d. and condition 1.3.10 were modified haced on Council's approval of the variance. 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 heazing 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-11-011, 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 '/a of Section 23, Township 3 North, Range 1 West. Spu~wing Challenge Subdivision - AZ-11-005, RZ-11-006; PP-11-011, CUP-I1-009, MDA-11-011 and VAR-11-003 -2- EXHIBIT A 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: Comel 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); January 2 and 16, 2012 (City Council) C. Radius riotices 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- Spurwing Challenge Subdivision- AZ-1 ]-005, RZ-11-006; PP-11-011, CUP-I 1-009, MDA-11-011 and VAR-11-003 -3- EXHIBIT A 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. 3. Flood Plain: This property does not lie within the floodplain. F. Surumary 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 berestricted to aright-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 Spunving 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 Spurwing Challenge Subdivision - AZ-] 1-005, RZ-11-006; PP-11-O11, CUP-11-009, MDA-I I-Ol 1 and VAR-11-003 -4- EXHIBIT A 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 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 segnsent 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 GC 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 interconnectivitytyith 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 otherproperties already annexed into the City. City sewer main will be extended from the Jaylcer 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 the 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) 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 ansount 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 swimnsing pool. Spurwing Challenge Subdivision - AZ-11-005, RZ-11-006; PP-I l-Ol I, CUP-11-009, MDA-11-011 and VAR-11-003 -5- EXHIBIT A • 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 developmentproposed along Chinden Boulevard (HWY20/26) 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 stmctures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district proximity to streets and highways. e. 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 Spurwing Challenge Subdivision - AZ-] 1-005, RZ-1 I-006; PP-11-011, CUP-11-009, MDA-1 I-O] 1 and VAR-11-003 -6- EXHIBIT A 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 outpazcel 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 aze 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 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 I{rlightsky 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 arsine-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 Spurwing Challenge Subdivision - AZ-11-005, RZ-11-006; PP-11-O1 I, CUP-I1-009, MDA-11-011 and VAR-ll-003 -~- EXHIBIT A applicant must obtain certificate of zorring 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 constmct 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). TI'D 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 necessaryright-of--way for ITD. TI'D 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. Spurvving Challenge Subdivision - AZ-11-005, RZ-11-006; PP-11-OI 1, CUP-11-009, MDA-11-011 and VAR-I 1-003 -8- EXHIBIT A 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. hi 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 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 Spurwing Challenge Subdivision - AZ-1 I-005, RZ-11-006; PP-11-O1 I, CUP-11-009, MDA-11-011 and VAR-I 1-003 -9- EXHIBIT A 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 Izrlightsky 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 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-I I-009, MDA-1 ]-011 and VAR-11-003 -]0- EXHIBIT A A. Drawings 1. Vicinity Map ,, _ __.. ~' __ _: _. ;. ,,,. ... _. ~ \ 1. y. ' -v ,- ~ ~.. r -r-r Y. 1 .. ~' .. UT ~ ,~ ~ ~; ~, Qi~ 1 .. rT' i ' -- + r - r ~... i.' ] t ~ yyRR ' //r ~ ~ V! t r ; , ~\ .~ , . 1 \% . .~.._... _..1, j ~ ~ / ^. `~ % ~; / i \ (; .~'~ ~ l -J., - ,', ~, _, .. ~;- .. ~` '. ii ~. %I '~ /^\ it . _.._.._..-ii' ' ~ `~ ~ )', ~,~~6 t / ~ i' ~ ,, ~. ; _ ... ~ ,, R, 15 ~ ~ y G \ LL/ ~I . ~ i ~,; ~ ---~ R-4 ~ z ,. ;,~, . ,,, ,~..., ...._ _ __._._....._. _ ,, _,__, ~ r-. TN-C - _ ~ -~ ~ w >~ ......... I, ni ,ir.inr~i nii n .. ......-. 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J , ~ 7j' ~' ~r ~.~. ~, ,r 1~ -...- + fAJ/ /.., ~ -r- ` ~ ea~-a. rar~sza - arm Mss w '~.1. j ~ ~' I r 1 ` ~t `~ ~ !q f. , ~ ~ !R 9Si% } ]y~ / .!/ // ,+ / . ~ ~ -~ Ovals IMF! ]~ ( "' Li'Y Y A, ~ P1 r:.~rr ~ "'~.~ ~ e ~ ~ ~ ~ ~ Y ;~,x,~ i-.-- L { ~' I'I ~ ,2 ~r~ .~ • 1 a fir,' .` ~ ~Illfrn. rte; -~"i~ - .i .r~: N.«~«ra~. ~ ~r , e ~y ~ L ~ 5gp i' R._ _ ., ... ..._ _ _..,_. ~; ~ s /l K}+ wiles ,. ...._..~ ..,. L 2a:~21!hEKVR W' !ka (acT r.~if qNh NdR N4 .cca+ r. axs~ xr rata ~r swc, m~[ atx 1' a~ri t . J11~ pf(q rI!MI y_~K} {~M~i^r N]~.6 a{~-ia k~~ Pf.Y~ 71~XIr-TIAf lMAil; ~MI~ p5i ^ IqR~ ~ o~ a Exhibit A - 3 - EXHIBIT A 4. Proposed Landscape Plan ~ :;~ ., ds S S ;:. t ._ ,, ~ ~ ? ~} ; ~ ~ t ' /,~ t ~ gdelow 1 ~~ .~ S # F ~ +` i ~, y'\' *~ '~ M ~ Ave w fi!. +M~:. xt ~ ~ ~ 1 t t t a ThF ~~~:;h at Spusw~q Cha3feage bourse £~ #Aap r®r~ ©~.r ra a - -t..- ~._~~.~. ._~. y~ ~~~ T _ ~~~ ~.~ h C r. i-9~t T ~ 1."' n ~4~~ •.. ~ ~+ Y i ~ ~ ~< o ~8 ~~ Exhibit A - 4 - EXHIBIT A a a ,r~~~ j' ~~~~ i ..~~ ~ `~ i . ~ •~ `~;~ ~? ~' THE C'LLTB AT Chlllenge Course SP~.iR~'L'r'G Trai~in~ FacitiM~ i~C Practice Area Exhibit A - 5 - ~# i ~ ~ .~ ~ ,~ ' I "~ ~ ~, ~~ ~' ' ., ~~~ i ~!` ~ ~ ' 1t ~; _ 1 ~~ ,' I,, ~. r' ~ ~ 3 '~~ ~~ t~~~~~I 1 V; F ..~ 1 ~ ..... r..~.ey.,.n, ~ ~` Z. .~ Ii V/ ~~ r ~,~. ~ ~ ~.~.. _~ 5. CUP Site Plan (Commercial Portion not Approved) EXHIBIT A 6. Training Facility Building and Maintenance Building Elevations .~ __._..,p,,- „o~,. f ~. ~ : r ... . i~~ c;~...._.... ,~ , tl~ B.E11A110M O~fxtRi B,E11Al10N ~,, ~_ r M..__. ~_ .l.l~`li ~..~ ~_._.. _ ._ _. IYElT 4~VATION ~ N EIFYATIOM y ~_ fly _....,.,.... I i . L~-~~ ~ i` 1_.__ ~- t ...,..~,,.. ................... .,.~,~ f~ A fMITH fiGV~~~ ~ r• } t r'", ~~ +~ t~~ aa` w w,.___ e~ru~+ woe ~a~cr+4 tiw , 'N ~ N ,~ ~s ~ ~ ~ ~~ ~ ~~~ Exhibit A - 6 - 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 23 lot 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 obtaining the City Engineer's signature on the final plat, the applicant shall restrict class the existing Spurwing Subdivision access to the state highway o ri >b1- in/rieht-out only pandine ^° °^~ r -"- ~- T T^r; ~ ~ ~T-T ^ ••-~~°° ETD's ahnroval and compliance with their safety repuirements era^•° "'-° °^°^°° °-~°a ~--• C-e i_l. . e. The applicant shall dedicate the 50 feet of additional right-of--way requested by TPD. £ 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 configuration of the proposed subdivision to create a parcel for the construction of the new driving range. After recordation of the PBA, the developer is hereby permitted to construct the drivine range in the location as shown on the Master Site Plan upon the issuance of a certificate of zoning compliance and design review approval The developer shall submit and obtain approval of a final plat within two years of preliminary~lat approval and the driving range shall be included as a lot with the first phase if the plat is planned to develop in hoses 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 future final plat applications. ~ _..~.,:^..,..,,....w.._ ,. a ,...~ ,.,.,.n,.,. _o^„_aoa c _. ........ ..... . 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 approved construction of the pathway in the right-of--way Exhibit B - I - EXHIBIT A 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 c °°'-° 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-5J. 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- 11 C. 1.3.9 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5 andll-3B-7C. 1.3.10 Comply with all subdivision design and improvement standazds 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. For clarification. Council annroved the variance request for the extended block leneths. 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. Exhibit B - 2 - EXHIBIT A 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 - EXHIBIT A 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 eernmen-let for all public sewer mains outside of public right of way''''- ;: 11 b d '~ b'~«a~~.,,~.,z ~o 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 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 abandonrnent procedures and inspections (208)375-5211. 2.10 Street signs are to be in place, water system shall be approved and acfivated, 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 - EXHIBIT A 2.15 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.16 Developer shall coordinate mailbox locations with the Meridian Post Office. 2,17 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 fmal 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 Deparhnent for approved. The street light contractor shall obtain the approved design on file and an electrical pemut 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 constmction plan approval. 2.26 Stmctures 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 constmction plan submittal the applicant's engineer shall have a joint meeting with Rick Jackson, a representative from United Water, and Bruce Freckleton, to discuss aduunistrative procedures for construction plan review. 2.28 Prior to constmction 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 - EXHIBIT A United Water that all of their requirements have been met to be able to go to construction. 2.30Any 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 Internafional Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the Internaional 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'/z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. £ 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 Intemational 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 GV W, 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 - G - EXHIBIT A 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 Intemational 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 Intemational 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. 43 ,..1....... ....._,.,.«...... ate. e ..:a,.,..1.,. 1:.,,.«. ,.t.al _o..:..o «1.,. i.,«a,.,...«,. „1..« a,..l..l:...,...to .. ..tl...... ....«F ,.,..1:FF ~o«~ F...«. al...a ,.F al.,..1.:- ' ..F .] Y 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. ..al....... G...« T:«A..« D..,,A M TT T..1 .. TT T.. 1040.1 al. ~'''t~liBikn4 .....- .. 4T.o (':4.. 4.. .........« :«40«..«..o « ~1.:1a: _ e..~..«..,. 4~ 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 fmal 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 - EXHIBIT A 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 conning 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 asright-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 pernut. 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 TTD 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 pernuts). 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. Exbibit B - 8 - EXHIBIT A 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 ACRD 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 - EXHIBIT A 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 ACRD 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. TI'D will require a standard approach pemut 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 Spunving 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 of right-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 publicright-of--way. Exhibit B - 10 - EXHIBIT A C. Legal Descriptions and Exhibit Maps A~ Quadrant October 29, 2011 Consultlnp, Inc. Page 1 of 2 E7i;F1INIT "A" SPURWING CHALLENGE PRELBYHNARY PLAT PROPERTY A parcel being a portion of Lot 78, Block 1 of Spurwing Subdivision recorded in Hook 69 of Plats at Pages 7104 through 7108 end a portion of Lot 1, Block 1 of Brandt Subdivision recorded io Book 59 of Plats at Pages 5785 and 5786, situated in a portion of the South Yi of the Southeast '/.and •a a portion of the Southwest Y. of Section 23, Township 4 North, Range 1 Walt, Boise Meridian, Ada County, Idaho, being more particularly described u follows: Commencing at the section comer common to Sections 23, 24, 25 and 26 of said Township and Range; thence along the south section line of said Seolion 23, North 89°38'47" West 987.74 feet; thence departing from said section line North 00°22' 17"Best 40.00 feet to the north right-of--way line of bleat Chinden Boulevard, said point being the POINT OF BEGINNING; thence wntinuing along said north rightof--way line the following five courses: North 89°38'4T' West 1609.17 feet; thence 94.94 feet along a curve to the right, said curve having a radius of 34337.48 feet, a delta angle of 0°09'30" end a long chord bearing North 89°19'51" bleat 94.94 feet; thonce North 86°27'22" West 250.26 feet; thence North 89°11'03" West 146.98 feet; thence departing Itom said north right-of-way line 78.54 feet along a curve to the right, avid curve having a radius of 50.00 foot, a delta angle of 89°59'SG' end a long chord beating North 44°11'04" West 70.71 feat to a point on the eastright- of-way line of North Spurwing Way; thence along said asst right-of--way the following wuraes: North 00°48'56" Best 108.00 fcet thence - North 00°31'00" bleat 215.06 feat; thence North 00°48'56" Beat 417.11 feet; thence 97.23 feet along s curve to the left, said curve having s radius of 480.00 feet, a delta eagle of . 11°36'20" and a long chord bearingNorth 04°59'13" West 97.06 feet thence departing from said eestright-of--way line ~~--~~~~~~1904 W.OVedand • 9olse,IDa3705 • Phone (ZOaJ 342-0091 • Faz 12°81342-0092 • vm~w.quadrantcc ~ ~ -~'"~ Civll Engineering • Surveying Exhibit C - 1 - EXHIBIT A October 29, 2011 Page 2 of 2 ~~. ^~ 6~uadrant 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°00'47" East 46.50 feet to a point on the east right-of--way of North Penncross Way; thence along saideastright-of--way the following courses: South 89°11'43" East 95.02 fcet; thence 560.21 feet along a curve to the left, said curve having a radius of 375.00 feet; a delta angle of 85°35'37" and a long chord bearing North 48°Ol' 16"East 509.55 foot to a point on the the north line of said south Ya 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" Weat 35.95 feet; thence North 89°41'25" Wost 50.71 feet; thenco South 00°22' 17" Wost 342.60 fcet to the POINT OF BEGINNING. Said parcel contains 61.19 acres, more or lass. Exhibit C - 2 - EXHIBIT A g u ~ ~ In ~ U .~ c ~ C ~' r -~ y ti ° 4° ~ 3 M fD L -~ ~ n ~u ~n N N ~+. _c " Z ~ ^~ M ~ rn ! X 3 lY ~ _ J _ ~ b6 x'06 rn ll ~ z Ll y . ~~ t= W ~ . M„£Z,9b.00S ,09'ZbF I•~ ~j ~- ~ ~ M„LL ZZAOS ~~ ~ o? ~- i- z z~ ~'~' a m I ~ N ~' Z W ~ ~ 3 I ~ Q c L ^ ~ _ ~~ g M~ ~ N~ ~ Z ~ I `/ a \ a o W z y Z ~ J l m J W W Z J J ~ a W 1 0 () 2 U (~ Z U \ N W N N n Z II) O N I Z ~ ~ H Z ' `~, -' ~~ ,l4 L lb m ZQ JC3 3„9S,8b.00N LS b1 OI .~ ~ ~za3 ~ m ~l`dM JNIM21f1dS 'N N _ X Q W ~ 0 3 ; 3 w ; w w I ~ a N ~v ,' 1 o ~ O C . o g tno aO1o z ~ z ~ z ~ z °i ~ z 0 m m ~` rn ii ~ ~ o ~ o°op Z 7 ~ZZ W M ~ Q ~ Y - O ~ ~ N O 1 ~ Q' J J MM J J ~ J J w .F O B: g ~ p 3 ~ M ~ r a 10 ~ ° ~ ~ r n S Q~ = = Z Z z ~ m ~ ~ N ~ M 6 i- Q a p ~ ' In !4 S+ to M Vt 4'~ ~ ' ~ ~ o ,~ ~ S o o 8 g ~ ~ ~ M ~ ~ M xx F ~ O. < In ro N o N ~ N t~ ~ a rn aif r r m ri in ~ '~ U U ~ U U K Exhibit C - 3 - EXHIBIT A November 18, 2011 Page 1 of 2 EXIT "A" ANNEXATION PROPERTY Parcel l - Cr 9uddrant C onaulting. Ina. A parcel bring a portion of Lot 78, Block 1 of Spunrieg 3ubdivlsion recorded in Hook 69 of Plats at Pages 7104 through 7108 and a poAloa of Lot 1, Block 1 of Brandt 3ubdiviaton recorded in Book 59 of Plats et Pages 5785 end 5786, situated In a portion of the South SZ of We Southeast '/. and In a portion of Ore Southwest'/. of 3ecdon 23, Township 4 Nortt, Reege 1 West, Hofae Maridieo, Ada Coumy, Idaho, being more particularly described es follows: Commenting at the aeetioD comer common to Sections 23, 24, 25 and 26 of said Township mid Range; thence along the Becton Gne common to said Sedtons 23 sari 26 North 89°38'47" West 2596.97 feet to the POINT OF BEGll'O'IING; thence antinufng along said section line North 89°38'47" Weat 33.00 fee[ to the south qum[er comer of said Section 23; thence cominuing along said section line North 89°11'21" West 546.16 feet to apoint on Ore centerine of North Spunving Way; theca depardttg from said section Tina end antlnuing along sold centerline Ote following courses: North 00°48'56" East 842.09 feet; thence, 168.02 feet along a curve to the left, said curve havlDg a radius of 450.00 feet, a delta angle of 23°56'21" and a long chord bearing North 11°09'13" West 166.65 feet; thence departing from said centerline South 69°11'04" East 183.31 feet to apoint onthe aortharly rlghtof--way of Notch Pemeroas Way; O1ena along said northerly tlghtof--way 461.22 feet along a curve to the left, said curve havlgg a radius of 325.00 feet, a delta angle of 64°50'09" end s long chord bearingNorth 48°23'51"Bast 438.45 feet to a point on the nasth line of said south'/i of the southeast Y. of SecOon 23; tl~ence dopertlng from said noRherly rlglit-of- wayend alongsaid north line South 89°41'45" East 374.50 feet; Ovma South 00°27'09" West 479.91 feet; thane North 89°41'45" Wes[ 272.00 feet; thence SouOr 00°27'09" Wort 841.15 feet to the POINT OF BEGINMNG. 1904 W. Werlond • Golfe, ID x7705 Phone 170ai a42409i • Fmc,j2091 a4&0092 • www.quactanf.cc ; Clvll Efpb~e"rinp •. 5uiveyap COnshuc8on nagement . Exhibit C - 4 - EXHIBIT A Annexation Property November 18, 2011 Page 2 of 2 ~~ 9uadrant Consultlne.lnc. Parcel Z - I.ot 53, Block 1 of Spurwing Subdivision, recorded in the office ofthe Ada County Recordoras Instrument Number 95045763. Said Para12 contains 12.19 sores, more or leas. the total arcs of Parcels 1 and 2 combined is 30.00 acres, more ~ less. REVIE ROVAL BYE-~ DEC 0 t 20fl ~ WORKS DEPT1C Exhibit C - 5 - EXHIBIT A ~` N N -~+~ .. ~~ V o ~~~ =- -- ~..~ o I m1=~ I ~ ~ 1 I ~'_ H ~ w l ~ o m I m~a ~ ~~ 2Z0 - y o.~~$ 0 wQa I ~ 00 ~ ~ ~ ~~ I I ~ I I J ~~b m ~ 8~ ' ~ ~ ~ ~ ~ ,l8'BL4 I C M.60,LZ.OOS 4 ~ N ; ~j 0z JJ ~~ ~0 ~ Z U yn~ <+ b, ,Sl'L4B .d. V am ~^~ ro M,BO,LZ.OOS _ ~ ~Z m ~ ~ O 0 I~/ f//` ~1 ~` N t_O o .tL~ O Z O ~ ~ SC1 ~`Z'~ z ~ C c3 .- /ZZr a n. Y'n/za3 ~ ~ O7 c~ eo•are p uNi 00 j 3„9S,B4.OON ~ ~ g m-' AVM aNIMafIdS 'N ~ I ii Exhibit C - 6 - EXHIBIT A November 18, 2x11 Page I of 2 EItII®IT aAn R-8 REZONE ~~ 6luadrant Consulting, Ilt c. A parcel bong a portion of Lot 1, Block 1 of Brandt Subdivision recorded in Book 59 of Plats at Pegs 5785 avd 5786, situated in a portion of the South S5 of the Southeast Y of Section 23, Toanship 4 North, Range 1 West, Bo1se Merldim, Ada County, Idaho, being more paNculerly deaeribcd as follows: - Commencing et the section~comer common to Sections 23, 24, 25 end 26 of said Township and Range; thence along the section Bne common to said Sections 23 end 26 North 89°38'47" Went 987.74 feet to Ute POINT OF BEGIIVNRYG; thence continuing along said section line North 89°38'47" West 1609.23 feet; thence departing fmm said section line North 00°27'09" East 841.15 feet; thence South 89°41'45" Bast 272.00 feet thence North 00°27'09" East 479.91 feet to the north line of said abuth 5S of aou0~east'/. of Swfion 23, thence along said north Bne South 89°41'45"Fast J393.15 fat thence departing from said north line South 00°48'23" Wet 903.94 feet thence South 00°42'47" West 35.95 feet; thence North 89°41'25" West 50.71 fat thence South 00°22'17" West 382.60 fa[ to the POBVT OF BEGINNING. Said parcel contains 46.97 acres, more or less. REVI ROVAL BY ' DEC 0 1 2011 MERIDIAN PUBLIC WORKS DEPT. _r,, ..~ .... ... ~ 1904 W.OVeaantl . • 9olee, ID 83705 • Ptxxxa Ims) s4aoo91 Fax f9A9) a4$-009$ • vnvw.quadmnl.cc - .. . • CINI ~alneednp •. SurveNn9 •. Corutruclidn Management Exhibit C - 7 - EXHIBIT A Z w a m g°n ~~ ~ W 4. I~ ma ~_ W m 0 2 X W a' q\ N a N,3`~ ~ m ,o m ~~ o QQ ~ ~ J¢} ~ m m Z 1iJ D Z Y U N g ~ v U ONIMaf1dS 'N ~~ 4 d, ~ ~ V N N O ~ ~ ~ ~ 'Q m .$ ~:r N N ~ t ~ ~ W (3 `~ N ~ P ~ . T V LVV ~_ tl~ Z ^^ G „ M„LI,ZZ.00S 4c~ \ \ Sw Exhibit C - 8 - EXHIBIT A November 18, 2011 Page I of 2 ~~ Quadrant Conaulting, Inc. EXHIBIT "An C-C REZONE A pazcel being a portion of Lot 1, Block 1 of Brandt Subdlvisbn recorded in Hook 59 of Plats at Pages 5785 end 5786, situated in the SonBr'h of the Southeast Y. of Section 23, Townsldp 4 North, Range 1 West, Boise Meridian, Ade County, Idaho, being more partlculsrly described u follows: Commencing at tha section comer common tb SerAior>s 23, 24, 25 end 26 of said Township end Range; thenco corditnrurg along the souW line of said Section 23 North 89°36'47" West 496.62 feet to the POINT OF BEGINNING; thence continuing along eeideouthline North 89°36'47" West 489.12 fcet; thence depaAing from said south Iine NorW 00°22'17" Eeat 382.60 feet; thence South 89°41'25" Best 50.71 feet; thence North 00°42'47" East 35.95 feet; thenoa a Soulh 88°50'33" Haat 441.26 feet; thence ~ ' ' South 00°4729" West 412.4] fee[; to the POINT OF BEGINNING. Said parcel contains 4.64 acres, more or less. REV PROVAL BY DEC 0 1 7011 MERIDIAN PUBLIC WORKS DEPT. ... .... ... ~` 1901 W.OVertand • '9oae, ID 83nJ5 • Phons rLOB) a42-0U91 Fax ~~8sI34't-0091 • www.q.Uadrap}.x .. .. . CAN Errelneedn0 •. aurvayfng • Condrucaon htanapemant Exhibit C - 9 - ~~ m ~. "' ~ ~ ~! u y~ O EXHIBIT A ~ w ~~a mfg m F~n~ ~ r~ 7 w NN ~ J J aV021 a34Nll 'N ~ __ ~~ I ~z I ~z _Z ~ O W ~ D] ,lb'ZL4 \ M„6Z,L4.005 w 3„L I,ZZ.00N .INI /\ ~I~ N !a Q I = pv J m IN ~JIIf 1 V ~ d a c L ~ .Q v~ ~' ^^ ~~ U ~' W O U d o' - ~~ a¢ `" a w ° W o ~ Z ~ ~ o ~ ~ _ ~~ N o: ~ W } m U U m m 2 x w Exhibit C - 10 - EXHIBIT A 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 Council 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 Council fords that proposed development would comply with the established regulations and purpose statement of the R-8 zoning district. The Council 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 Council fords 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 fording. D. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council fords 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 (I1DC 11-SB-3.E). If the applicant complies with the development agreement provisions and the conditions of approval, the Council fords 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 Council 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 Council finds that services can be made available to accommodate the proposed Exhibit D - 1 - EXHIBIT A 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 Council finds that the subdivision will not require the expenditure of capital improvement funds. D. There is public financial capability of supporting services for the proposed development; Staff recommends 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 Council 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. ACRD 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. T. The development preserves signif-cant natural, scenic or historic features. The Council is unaware of any natural, scenic or historic features oh this site.' Therefore, the Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. 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 maj or 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 Council 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 Council fords 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 essenfial character of the same area. ExUibit D - 2 - EXHIBIT A The Council 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 azea. Further, the Council believes that the proposed use will not adversely change the essential character of the azea as the major ofthe 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 Council 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 Council relied upon the public testimony and determined 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 Council finds that the subject property is currently served by public facilities such as streets, police, and fire protection. The Council 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 Council finds the proposed use. of the property should not create excessive additional costs for public facilities and services. The Council 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 Council 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 Council finds that there should not be any health, safety or enviromnental problems associated with the proposed use that should be brought to their attention. The Council 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) The Council believes the extended block length for block 1 would not grant a right or Exhibit D - 3 - EXHIBIT A special privilege because the existing street network is in place and existing fairways and planned fairways limit street and pedestrian connectivity. Further the Council finds the extended block for Block 2 and 3 is necessary to comply with the UDC reauirements for developments alone state hiehwavs and provide eastern connectivity to the adiacent property. 2) The Council fords granting the right-in/right-out access to Chinden Boulevard as proposed by the applicant does not grant a special privilege as other properties along Chinden Boulevard because the applicant is restrictine the access and constrnctine a new collector road to alien with the sienalized intersection r•°°° ° a ~ ..« «r.,._w,.~c Flo ..,.«..:..«e«« ..AN. «1... Torn B. The variance relieves an undue hardship because of characteristics of the site; 1) Council 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. Althoueh erantine the variance provides no relief of an undue hardship for Block 2 the UDC realtires the construction of a backaee road alone state hiehwavs and restricts access to state hiehwavs. Comnlvine with the block leneth requirement wauld conflict with this section of the UDC 11-3H-4 The applicant must also coordinate with the Fire p~partment and meet the reauirements of the International Fire Code reeardine the ended block lengths. For these reasons. the Council finds the applicant meets the intent of the ordinance and increases connectivity in the area 2) Council finds ~ ••°a••~ "„_a°"~° c ~ the applicant's proposal to construct :e oecaaae a new collector street proposed at the half mile to align with Long Lake Way to the south is consistent with UDC 11-3H-4. The Council finds that the applicant's Drouosal to restrict the existing access to Chinden Boulevard to a rieht-in and riQ - ut assists in limiting full access Doints to the state highway and is subiect to ITD's C. The variance shall not be detrimental to the public health, safety, and welfare. 1) The Council 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 address any public safety concerns. 2) The Council finds granting the access variance to Chinden Boulevard would not be detrimental to the public health, safety and welfare of the community; if the applicant Exhibit D - 4 - EXHIBIT A secures ITD's approval and adheres to ITD's highway safety standards. ITI~ leas mA:....•vA R.e :.. t:.. C ........:.... .a«.. «,.e A,. .. iTT 1' F Exhibit D - 5 -