Heron Ridge Estates AZ-13-002 PP-13-006 ALT-13-007CITY OF MERIDIAN E IDIAN~--
FINDINGS OF FACT, CONCLUSIONS OF LAW ~
AND IDAHO
DECISION & ORDER
In the Matter of the Request for Annexation of 10.10 Acres with the R-2 Zoning District;
Preliminary Plat Consisting of 16 Single-Family Residential Building Lots and 5 Common Lots on
Approximately 9.76 Acres AND Alternative Compliance to Modify the Required Landscape Buffer
Adjacent to the West Side of N. Jayker Way for Heron Ridge Estates Subdivision, Located North of
Chinden Boulevard; South of the Phyllis Canal and Approximately a'/Z Mile East of N. Black Cat
Road, by Mason and Stanfield Inc.
Case No(s). AZ-13-002, PP-13-006 and ALT-13-007
For the City Council Hearing Date of: Apri123, 2013 (Findings on May 7, 2013)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of Apri123, 2013, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of Apri123, 2013, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of Apri123, 2013,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of Apri123, 2013, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted 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-13-002, PP-13-006 and ALT-13-007
-1-
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 all in the attached Staff Report for the
hearing date of Apri123, 2013, 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, preliminary plat and alternative compliance is hereby
approved per the conditions of approval in the attached Staff Report for the hearing date of
Apri123, 2013, 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, may be considered for
final approval without resubmission for preliminary plat approval (UDC 11-6B-7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-6B-7.A, the Director may authorize a single extension of time to 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 may be granted. With all
extensions, the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again (UDC 11-
6B-7C).
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 may be filed.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-13-002, PP-13-006 and ALT-13-007
-2-
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 may be 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 Apri123, 2013
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-I3-002, PP-13-006 and ALT-13-007
-3-
B action of the City Council at its regular meeting held on the ~ day of ~v ~-
y
2013.
COUNCIL PRESIDENT BRAD HOAGLUN VOTED_ (~
COUNCIL VICE PRESIDENT CHARLIE ROUNTREE VOTED_~~/~,(,~`-
COUNCIL MEMBER DAVID ZAREMBA VOTED_ ~G~
COUNCIL MEMBER KEITH BIRD VOTED~G~~"
MAYOR TAMMY de WEERD VOTED
(T1E BREAKER)
~~~~
Ma or Ta de Weerd
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Attest.
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Cit}~ of
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aycee o man, City Clerk F SEAS ~~
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a of the THE ~S
Copy served upon Applicant, The Planning Department, Public Works Deparhnent and City Attorney.
B Dated.: ~~ ~ -~
Ci ler1 's f: e ~~
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-13-002, PP-13-006 and ALT-13-007
-4-
EXHIBIT A
STAFF REPORT /~
Hearing Date: Apri123, 2013 E IDIAN~--
TO: Mayor and City Council I D A H O
FROM: Bill Parsons, Associate City Planner
208-884-5533
SUBJECT: AZ-13-002, PP-13-006 and ALT-13-007 -Heron Ridge Estates
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Mason and Stanfield Inc., has applied for annexation and zoning (AZ) of 10.10 acres
of land with an R-2 zoning district and a preliminary plat (PP) for sixteen (16) single-family
residential lots and five (5) common lots on approximately 9.76 acres of land.
Alternative compliance (ALT) is requested to modify the required 20-foot wide street buffer along the
west side of the future collector street (N. Jayker Way) due to the topography in the area. See Section
IX of the staff report for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed AZ, PP and ALT applications in accord with the
conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D.
The Meridian Planning and Zoning Commission heard these items on March 21, 2013._At the
public hearing. the Commission voted to recommend approval of the subiect AZ, PP and ALT
requests.
a. Summary of Commission Public HearinE:
i. In favor: Scott Stanfield
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Bill Parsons
vi. Other staff commenting on application: None
b. Kev Issue(s) of Discussion by Commission:
i. None
c. Kev Commission Change(s) to Staff Recommendation:
i. None
d. OutstandinE Issue(s) for City Council:
i. None
a, ummarv of City Council Public Hearing:
L In favor: Scott Stanfield
1L In opposition: None
jii, Commenting: None
lYt Written testimony: None
~ Staff presenting aRplication:
yl: Other staff commenting on annlication: None
1~ Key Issues of Discussion by Council:
Heron Ridge Estates AZ-13-002; PP-13-006; ALT-13-007 PAGE 1
EXHIBIT A
1~ Providing si~na~e near the too of N..Tavker Wav stating no through access until the
ldane nronerty develops.
~_ Key Council Channes to Staff/Commission Recommendation
is None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-13-
002, PP-13-006 and ALT-13-007 as presented in the staff report for the hearing date of April 23,
2013, with the following modifications: (Add any proposed modifications).
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers File
Numbers AZ-13-002, PP-13-006 and ALT-13-007, as presented during the hearing on Apri123, 2013,
for the following reasons: (You should state specific reasons for denial)
Continuance
I move to continue File Numbers AZ-13-002, PP-13-006 and ALT-13-007 to the hearing date of
(insert continued hearing date here) for the following reason(s): (You should state specific reason(s)
for continuance and a specific date.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located north of Chinden Boulevard, south of the Phyllis Canal and approximately a
mile east of N. Black Cat Road, in the south '/z of Section 22, Township 4 North, Range 1 West.
(Parcel #'s: 50422244710, 50422314800, 50422131660 and 50422427960)
B. Owner(s):
Tuck Ewing
1500 Eldorado Street, Suite #4
Boise, Idaho 83704
D. Applicant:
Scott Stanfield, Mason & Stanfield Inc.
826 3`a Street
South Nampa, Idaho 83651
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for annexation, preliminary plat and alternative compliance. A public
hearing is required before the Planning and Zoning Commission and City Council on this matter,
consistent with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: March 4, and 18, 2013(Commission); April 1, and 15,
2013 (Council)
C. Notices mailed to property owners within 300 feet on: February 28, 2013 (Commission); March
28, 2013 (Council)
D. Applicant posted notice on site(s) on: March 11, 2013 (Commission); Apri113, 2013 (Council)
Heron Ridge Estates AZ-13-002; PP-13-006; ALT-13-007 PAGE 2
EXHIBIT A
VI. LAND USE
A. Existing Land Use(s) and Zoning: The proposed property consists of several parcels, zoned RUT
and R-1 in Ada County. One parcel is developed with an existing residence and shop.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Phyllis Canal, County residence and agricultural land; zoned RUT in Ada County
2. West: Vacant residential property; zoned R-8
3. South: Spurwing Subdivision No. 4 and future phase No. 5; zoned R-8
4. East: Vacant residential property; zoned R-2
C. History of Previous Actions: NA
D. Utilities:
1. Public Works:
a. Location of sewer: This development lies within the North Black Cat service area, and
can be served with an extension from existing mains installed as part of the Spurwing
Greens Subdivision.
b. Location of water: Domestic water service to this development will be from United
Water of Idaho.
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: The Phyllis Canal transverses the north boundary but is not
located within the confines of the proposed plat.
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: NA
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Low Density Residential" (LDR) on the Comprehensive Plan Future
Land Use Map (FLUM). Uses may include single-family homes at densities of 3 dwelling units or
less per acre. The proposed project includes 16 residential lots units on 9.76 acres for a gross density
of 1.64 dwelling units/acre which is consistent with the anticipated density of the Comprehensive
Plan for this area and the requested R-2 zoning district.
Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to
the proposed use of this property (staff analysis in italics):
• Require new residential development to meet development standards regarding landscaping,
signage, fences and walls, etc. (Chapter 3, pg. 52)
Street buffer landscaping is required adjacent to the collector street (N. Jayker Way)
proposed within this development in accord with the standards listed in UDC I1-3B-7C.
However, the applicant is requesting alternative compliance to reduce a portion of the
landscape buffer adjacent to N. Jayker Way due to the topography on the west side of the
future street. The applicant has submitted a concurrent alternative compliance application to
omit a portion of the landscape buffer. As an alternative to the standard, the applicant is
proposing to provide a wider buffer on the east side of the road and on the west side a wider
buffer is proposed where it can be accommodated. The director is the decision maker on the
alternative compliance application; staff is supportive of the alternative compliance proposal
for landscaping along N. Jayker Way.
Heron Ridge Estates AZ-13-002; PP-13-006; ALT-13-007 PAGE 3
EXHIBIT A
Fencing shall comply with the standards listed in UDC 11-3A-7. Prior to any building
permits temporary fencing must be installed to contain debris.
• Require street connections between subdivisions at regular intervals to enhance connectivity
and better traffic flow. (Chapter3, pg. 48)
Spurwing Subdivision No. 4 to the south has provided street connectivity to the western
parcel and a future stub street is planned to stub to the east parcel but is not constructed. N.
Jayker Way will be extended to the Phyllis Canal at the bottom of the gulch. The applicant
will be constructing an internal street network to provide access to the proposed lots. Given
the topography in the area, no additional stubs streets are proposed with the development nor
planned with the development of the adjacent properties to east and west.
Require common areas for all subdivisions. (Chapter 3, pg. 54)
The applicant is responsible for provided 10% open space and one site amenity. The
proposed open space includes 8 foot parkways adjacent to the local streets, a passive open
space lot with a gazebo and the required street buffers adjacent to N. Jayker Way. The
proposed subdivision complies with the 10% open space and site amenity requirements set
forth in UDC 11-3G-3.
• Protect existing residential properties from incompatible land use development on adjacent
parcels (Chapter 3, pg. 52).
This area is rapidly developing with single family homes. Multiple phases in the Spurwing
project are planned near the subject property. To the west is planned residential development
zoned R-2 and to the east and south is planned and existing residential development, zoned
R-8. Since the surrounding properties are planned to development with single family, staff is
of the opinion that the proposed development should be compatible with the adjacent lands
uses.
• 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)
City services will be extended with the development of the site. There is an existing home on
this site; the existing dwelling is required to connect to City services.
After considering all of these factors staff believes that the proposed development is generally
consistent with comprehensive plan.
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to
provide for a range of housing opportunities consistent with the Meridian comprehensive plan.
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.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-21ists the principal permitted
(P), accessory (A), conditional (C), and prohibited (-) uses in the R-2 zoning district. Any use not
explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the property for
single-family detached dwellings is a principally permitted use in the R-2 zoning district.
C. Dimensional Standards: Development of the site should be consistent with the dimensional
standards listed in UDC Table 11-2A-4 for the R-2 zoning district.
D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed
in UDC Table 11-2A-4 for the R-2 zoning district.
Heron Ridge Estates AZ-13-002; PP-13-006; ALT-13-007 PAGE 4
EXHIBIT A
E. Subdivision Design and Improvement Standards: The subdivision must comply with the
subdivision design standards outlined in UDC 11-6C-3.
F. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single-
family dwellings.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
Annexation & Zoning
The applicant has applied to annex and zone 10.10 acres (two parcels) of land with an R-2 zoning
district. As discussed above in Section VII, the proposed zoning is consistent with the text of the
comprehensive plan and Future Land Use Map (FLUM) designation of LDR.
Preliminary Plat
The applicant is requesting preliminary plat approval of 16 residential lots and 5 common lots on
9.76 acres of land. Lot sizes range between 14,964 and 28,133 square feet. The gross density for
the proposed plat is 1.64 dwelling units to the acre. The proposed zoning is consistent with both
the density requirements of the comprehensive plan and the R-2 zoning district.
Dimensional Standards: Staff has reviewed the proposed plat for compliance with the
dimensional standards listed in UDC Table 11-2A-4 for the R-2 district. All of the lots comport to
the required R-2 dimensional standards. In the R-2 zone, the minimum home size is 1,500 (single
story) square feet and 1,600 square feet for two story homes. Based on the submitted home
elevations, it appears future homes meet or exceed the minimum home sizes required by
ordinance.
Further, the proposed cul-de-sac lengths comply with the requirements set forth UDC 11-6C-
3B.4.
Phasing Plan: The applicant is proposing to develop the subdivision in two phases. The first
phase lies west of N. Jayker Way and consists of 10 buildable lots. The second phase lies east of
N. Jayker Way and consists of 6 buildable lots. With the second phase of development, the
existing home on Lot 3, Block 2 will be required to connect to urban services (sewer and water).
Access: Access to Phase 1 of the development will be provided from the extension of N. Moon
Drummer Way. Phase 2 access is planned from the extension of W. Sugar Tree Drive.
Additionally, N. Jayker Way (collector street) will be extended at the terminus of the Phyllis
Canal. Due the topography in the area, additional connectivity will not be provided to N. Jayker
and both local streets terminate in cul-de-sacs. No additional stub streets are required with the
parcels to the west or east; no additional stubs are being required for this application.
Currently Phase 2 has no access to it, but a subdivision is planned in the near future that will
provide the connectivity. The applicant and the adjacent property owner are coordinated on the
street connection. Development of phase 2 is predicated on access being provided to the site.
Landscaping: A landscape plan was submitted with this application as shown in Exhibit A.3.
Street buffer landscaping is required to be installed in accord with UDC 11-3B-7C. Due to the
topography adjacent to N. Jayker Way strict conformance to the required buffer width is not
feasible. The applicant is requesting alternative compliance to exclude a portion of the buffer
along the west side of N. Jayker Way. The additional width is planned to be incorporated in a
wider buffer that is adjacent to a portion of the west boundary and all along the east boundary.
The buffer will vary in width between 10 feet at is narrowest point and approximately 70 feet at
its widest point.
Heron Ridge Estates AZ-13-002; PP-13-006; ALT-13-007 PAGE 5
EXHIBIT A
The UDC allows the request for alternative compliance when topography is an issue. Since the
applicant is providing a wider buffer adjacent to the proposed roadway, Staff is amenable to the
applicant's request. Staff recommends the 10-foot portion of the buffer along the east boundary
should be widened to 20 feet as there is not site constraint there. The area that is not planned to be
landscaped due to significant slopes may remain part of the buildable lots. Staff has concerns with
the integrity of the slopes and how that impacts both the buildable lots and the adjacent roadway.
Staff is requiring the applicant provide written documentation from a licensed engineer that
identifies how the slope is to be stabilized with the submittal of a final plat.
The common lot (Lot 9, Block 1) planned along the west side of N. Jayker Way does not align
with a future common lot that is proposed with the development of the property to the south.
The applicant shall revise the landscape plan to ensure the proposed common lot connects with
the common lot planned with Spurwing Grove Subdivision No. 5. A continuous 20-foot wide
landscape buffer must be maintained adjacent to N. Jayker Way. NOTE: The Spurwing Grove
Subdivision No. 5 final plat is scheduled to be heard March 19, 2013 City Council hearing.
This issue was raised in that staff report as well and both property owners are working on a
solution to ensure the connection.
Open Space & Site Amenities: A minimum of 10% of the site is required to consist of open
space in accord with UDC 11-3G-3A; qualified open space is defined in UDC 11-3G-3B. The site
consists of 9.76 acres. Therefore, a minimum of 1 acre of qualified open space is required. The
preliminary plat data states there is 44,471 square feet of open space however, only 43,755 square
feet qualifies as open space. This revised calculation still meets the open space requirements of
the UDC. The proposed open space consists of 8-foot wide parkways along the local streets;
modified landscaped street buffers along N. Jayker Way and a passive open space lot that exceeds
the dimensional standards of 50' X 100'. The proposed amenity is a gazebo area within common
Lot 11, Block 1. With the submittal of the final plat the applicant shall provide a detail of the
amenity. Staff is supportive of the proposed open space and planned amenity for the
development.
Multiuse Pathway: The street section for the collector road, N. Jayker Way, shows a detached
ten foot pathway on the east side of the street. With the approval of the Spurwing Greens plat, this
road section was approved for a ten foot multi-use pathway on the east side that connects to the
10' multi-use pathway along Chinden Boulevard, runs along N. Tree Farm Way and continues on
the east side of N. Jayker Way. Previous conditions of approval required the pathway to be
extended along the entire length of N. Jayker Way. Although this not part of the City's pathway
network staff believes it provides the necessary connectivity to Chinden Boulevard through the
development and ultimately provides future connectivity to the Aldape property on the north side
of the Phyllis Canal. ACHD approved the 10- pathway along the east side of N. Jayker Way with
the approval of the Spurwing Greens preliminary plat.
Existing Structures: As mentioned above, an existing home will remain on Lot 3, Block 2 with
the second phase of development. If the home is to remain, city ordinance requires connection to
urban services (water and sewer). Further an accessory building is located on Lot 2, Block 2. The
accessory structure must be removed from the property since there is no primary use associated
with it. Staff recommends the applicant removing the existing shop from Lot 2, Block 2 and
connecting the existing home, located on Lot 3, Block 2, to urban services (sewer and water).
Building Elevations: Elevations were submitted with the subject application. Staff has created a
collage that represents the proposed home designs for the development. Staff is supportive of the
construction materials and design features represented in the collage. Future homes constructed
within the subdivision must comply with the elevations attached in Exhibit A.4 below.
Heron Ridge Estates AZ-13-002; PP-13-006; ALT-13-007 PAGE 6
EXHIBIT A
In summary, Staff recommends approval of the proposed annexation, preliminary plat and
alternative compliance request for this site with the recommended conditions listed in Exhibit B
of this report in accord with the findings contained in Exhibit D.
X. EXHIBITS
A. Drawings/Other
1. Vicinity Map
2. Proposed Preliminary Plat (dated: 02/14/13)
3. Proposed Landscape Plan (dated: 01/16/13)
4. Proposed Building Elevations
B. Agency & Department Comments/Conditions
C. Legal Description & Exhibit Map for Annexation
D. Required Findings from Unified Development Code
Heron Ridge Estates AZ-13-002; PP-13-006; ALT-13-007 PAGE 7
EXHIBIT A
A. Drawings
1. Vicinity Map
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Heron Ridge Estates AL-13-002; PP-13-006; ALT-13-007 PAGE 8
EXHIBIT A
2. Proposed Preliminary Plat (dated: 02/14/13)
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Heron Ridge Estates AZ-13-002; PP-13-006; ALT-13-007 PAGE 9
EXHIBIT A
3. Proposed Landscape Plan (dated: 01/16/13)
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Heron Ridge Estates AZ-13-002; PP-13-006; ALT-13-007 PAGE 10
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EXHIBIT A
4. Proposed Building Elevations
lleron Ridge Pstates AZ-13-002; PP-13-006; AL"I'-13-007 PAGE 11
EXHIBIT A
EXHIBIT B -AGENCY & DEPARTMENT COMMENTS/CONDITIONS
1. PLANNING DEPARTMENT
1.1 Site Specific Conditions of Approval
1.1.1 Due to the grade differentials in this development, the applicant shall be required to submit an
engineered master grading and drainage plan for approval by the Community Development
Department (Public Works) for the building lots adjacent to N. Jayker Way. This plan shall
establish, at a minimum; the finish floor elevation of each building lot, the finish grade elevations
of the rear lot corners, the drainage patterns away from each building pad, the drainage patterns of
the overall blocks, and any special swales or subsurface drainage features necessary to control
and maintain storm water drainage. Applicant's engineer shall consult the 2009 International
Residential Code when establishing the finish floor elevations and drainage patterns away from
the building pads.
1.1.2 Per UDC 11-SB-SB2, the Director (at the applicant's request) approved the alternative compliance
regarding the street landscape buffer adjacent to N. Jayker Way, as shown on the landscape plan
prepared by Bert Kirby, dated 01/23/13. The applicant shall widen the 10-foot portion of the
landscape adjacent to the east side of N. Jayker Way to 20- feet. All street buffers adjacent to N.
Jayker Way shall be landscaped in accord with UDC 11-3B-7C.
1.1.3 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.
1.1.4 The applicant shall provide a minimum of 10% (43,755 square feet) useable open space and one
amenity; a gazebo as proposed. A detail of the gazebo structure shall be provided with the
submittal of the final plat.
1.1.5 The applicant shall connect the existing home (Lot 3, Block 2) to urban services (sewer and
water); existing wells and septic systems shall be abandoned. Coordinate with United Water on
the water service connection.
1.1.6 The existing shop/shed on Lot 2, Block 2 shall be removed prior to signature of the final plat by
the City Engineer.
1.1.7 Phase 2 of the development shall not commence until street access is provided to the
development.
1.1.8 The common lot (Lot 9, Block 1) planned along the west side of N. Jayker Way does not align
with a future common lot proposed with the development of the property to the south. The
applicant shall revise the landscape plan to ensure the proposed common lot connects with the
common lot planned with Spurwing Grove Subdivision No. 5. A continuous 20-foot wide
landscape buffer must be constructed and maintained adjacent to N. Jayker Way.
1.2 General Conditions of Approval
1.2.1 Comply with all bulk, use, and development standards of the R-2 zoning district listed in UDC
11-2-A-4.
1.2.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set
forth in UDC 11-3A-6.
1.2.3 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.
1.2.4 Comply with the sidewalk standards as set forth in UDC 11-3A-17. Construct a 10-foot wide
pathway on the east side of N. Jayker Way as proposed.
Heron Ridge Estates AZ-13-002; PP-13-006; ALT-13-007 PAGE 12
EXHIBIT A
1.2.5 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-SJ.
1.2.6 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6
for single-family dwellings.
1.2.7 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5
and 11-3B-7C.
1.2.8 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3,
including but not limited to cul-de-sacs, easements, blocks, street buffers, and mailbox placement.
1.2.9 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.
1.2.10 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle.
1.3 Ongoing Conditions of Approval
1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets
the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth
in UDC 11-3B-5, UDC 11-3B-13 and UDC I 1-3B-14.
1.3.2 All common open space shall be maintained by an owner's association as set forth in UDC 11-
3G-3F1.
1.3.3 The project is subject to all current City of Meridian ordinances.
1.3.4 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.
1.3.5 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set
forth in UDC 11-3A-11.
1.3.6 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping
and constructed features within the clear vision triangle consistent with the standards in UDC 11-
3A-3.
1.4 Process Conditions of Approval
1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the
applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3
Article D and receive approval for such signs.
1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth
in UDC 11-SC-3B. A surety agreement may be accepted for other improvements in accord with
UDC 11-SC-3C.
1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary
plat as set forth in UDC 11-6B-3C2.
1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two
years of the signature of the City Engineer on the previous final plat as set forth in UDC 11-6B-
7B.
1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the
City Engineer signature on a final plat within two years or 2) gain approval of a time extension as
set forth in UDC 11-6B-7.
1.4.6 Upon installation of the landscaping and prior to inspection by Planning Department staff, the
applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A.
Heron Ridge Estates AZ-13-002; PP-13-006; ALT-13-007 PAGE 13
EXHIBIT A
2. PUBLIC WORKS DEPARTMENT
2.1 This development lies within the North Black Cat service area, and can be served with an
extension from existing mains installed as part of the Spurwing Greens Subdivision. 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 outside of a public right-of--way. Minimum cover over
sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than
alternate materials shall be used in conformance of City of Meridian Public Works Departments
Standard Specifications.
2.2 Domestic water mains to provide service to this development will be from United Water of Idaho.
Per Meridian City Code, the applicant shall be responsible to install water mains to and through
this development.
2.3 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 shall 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.
2.4 Any existing structures that are required to be removed shall be removed prior to signature on the
final plat by the City Engineer.
2.5 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or
lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6.
Plans shall be approved by the appropriate irrigation drainage district, or lateral users association
(ditch owners), with written approval or non-approval submitted to the Public Works Department.
If lateral users association approval can't be obtained, alternate plans shall be reviewed and
approved by the Meridian City Engineer prior to final plat signature.
2.6 Any existing domestic wells 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.
2.7 Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and
inspections (208)375-5211.
2.8 Street signs are to be in place, water system shall be approved and activated, fencing installed,
drainage lots constructed, road base approved by the Ada County Highway District and the Final
Plat for this subdivision shall be recorded, prior to applying for building permits.
2.9 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, etc., prior to signature on the final plat.
2.10 All development improvements, including but not limited to sewer, water, fencing, micro-paths,
pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.11 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.
Heron Ridge Estates AZ-13-002; PP-13-006; ALT-13-007 PAGE 14
EXHIBIT A
2.12 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
2.13 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.14 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.15 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.
2.16 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.
2.17 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 ACHD. 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.
2.18 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.
2.19 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public
roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights
shall be installed at developer's expense. Final design shall be submitted as part of the
development plan set for approval. Street lighting is required at intersections, corners, cul-de-
sacs, and at a spacing that does not exceed that outline in the Standards. The contractor's work
and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications
to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500
for information on the locations of existing street lighting.
2.20 The City of Meridian requires that the owner post to the City a performance surety in the amount
of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure
prior to final plat signature. This surety will be verified by a line item cost estimate provided by
the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Please contact Land Development Service for more information at 887-2211.
2.21 The City of Meridian requires that the owner post to the City a warranty surety in the amount of
20% of the total construction cost for all completed sewer, water and reuse infrastructure for
duration of two ,years. This surety will be verified by a line item cost estimate provided by the
owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Please contact Land Development Service for more information at 887-2211.
3. POLICE DEPARTMENT
3.1 The Police Department has no concerns related to the site design submitted with the application.
4. FIRE DEPARTMENT
4.1 The Fire Department has no concerns related to the site design submitted with the application.
5. REPUBLIC SERVICES
5.1 Republic Services has no comments related to this application.
Heron Ridge Estates AZ-13-002; PP-13-006; ALT-13-007 PAGE 15
EXHIBIT A
6. PARKS DEPARTMENT
6.1 The Parks Department has no comments related to this application.
7. ADA COUNTY HIGHWAY DISTRICT (DRAFT COMMENTS)
7.1 Site Specific Conditions of Approval
7.1.1 Construct Sugar Tree as a 29-foot street section with rolled curb, gutter, 8-foot wide planter
strips, and 5-foot wide detached concrete sidewalks within 42 feet ofright-of--way as proposed.
Provide the District with written fire department approval for use of the reduced 29-foot street
section width prior to plan acceptance. Install no parking signs along one side of Sugar Tree.
7.1.2 Construct Moon Drummer as a 29-foot street section with rolled curb, gutter, 8-foot wide planter
strips, and 5-foot wide detached concrete sidewalks within 42 feet of right-of--way as proposed.
Provide the District with written fire department approval for use of the reduced 29-foot street
section width prior to plan acceptance. Install no parking signs along one side of Moon Drummer.
7.1.3 Construct Jayker Way from its current terminus south of the site, thru the site to the north
stubbing at the Phyllis Canal prior to signature on the first final plat. Construct Jayker Way as a
36-foot residential collector with no front-on housing, vertical curb and gutter, and a 10-foot wide
concrete sidewalk on the east side of the roadway within 40 feet ofright-of--way. The right-of-
way shall extend 2 feet beyond back of curb on either side of the roadway. Coordinate the
dedication of the necessary right-of--way with the owners of the land within the gulch. Prior to
accepting the right-of--way dedication the road trust deposit as required of the development to the
south must be provided to the District. Once the roadway is constructed and accepted, the District
will reimburse the applicant the amount of said road trust, which will be 69% of the total cost of
constructing the roadway, as referenced earlier.
7.1.4 Provide the District with a permanent right-of--way easement for any portion of the sidewalk
located outside of the right-of--way.
7.1.5 Direct lot access is prohibited to Jayker Way and shall be noted on the final plat.
7.1.6 Payment of impacts fees are due prior to issuance of a building permit.
7.1.7 Comply with all Standard Conditions of Approval.
7.2 Standard Conditions of Approval
7.2.1 Any existing irrigation facilities shall be relocated outside of the ACHD right-of--way.
7.2.2 Private sewer or water systems are prohibited from being located within the ACRD right-
of-way.
7.2.3 In accordance with District policy, 7203.3, 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.
7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
7.2.5 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.
7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall
be borne by the developer.
Heron Ridge Estates AZ-13-002; PP-13-006; ALT-13-007 PAGE 16
EXHIBIT A
7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of--way.
The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant.
The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full
business days prior to breaking ground within ACHD right-of--way. The applicant shall
contact ACHD Traffic Operations 387-6190 in the event any ACRD conduits (spare or
filled) are compromised during any phase of construction.
7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file
numbers) for details.
7.2.9 All design and construction shall be in accordance with the ACRD Policy Manual, ISPWC
Standards and approved supplements, Construction Services procedures and all applicable
ACHD Standards unless specifically waived herein. An engineer registered in the State of
Idaho shall prepare and certify all improvement plans.
7.2.10 Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
7.2.11 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 ACRD. The burden shall be upon the applicant to obtain
written confirmation of any change from ACHD.
7.12 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 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 that time
unless awaiver/variance of the requirements or other legal relief is granted by the ACRD
Commission.
Heron Ridge Estates AZ-13-002; PP-13-006; ALT-13-007 PAGE 17
EXHIBIT A
C.
Legal Description & Exhibit Map for Annexation
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ANNEXATION D83C1R1PTiON
a parcel of lead boring a paytion of SW 1/4 of Soctioa 22, Tawastuip 4 North. Range ~ West, i3oiae
Mdridiaa. City of Meridian. Ada County ldalyo, syor+e particularly described as fdlowa:
CmnareacinS at dye southwest corner of said SW114;
Thance S 89° iT 17° E a diatanExs nt 2467.17 fact along the souNly boundary of said SW 1!4 b the S 1/4
Darner of acid Satxioa 22;
'1'hayco. S 89° 17' 35" E fa a distanx of 351.42 ket alocffi the south bouryduy of sand Sectiay 22 to a
Imo:
Thence N p4° 18' 1 S" E a diataaa of 2406.25 foot POitN7` OF EBGINAtING;
Thoaoa N 00' 24` ! 0" W a disance of 9.13 fleet to a point;
Thence N >39' 30r 07" W a distatuce of 790.90 fast on a point;
"Nuance N 00° 2T 40" E a disuaoe of 494A9 fat to a point;
Thenoc S 77° 11' 3E" E a diataac~o of 390.% feet w a poirx;
Thauce S 52° 4T 39" E a distance of 93.33 fact w a point;
Thrauca S 83° 06" 23" E a diatarucc of 713.09 feat to a point;
Theryce S 00° Z8' 37" W a distanoo of 461.54 fad to a point:
Theaoe N 47° 2S' 06" W a discaace of 249.18 fat to a point;
T N $6.30` SE" w e d~rattca of 1 a9.71 fat a the POINT o>~ s~anvrm+lc;
This srynexation oor>tains 10.25 auras moors ar 1~s.
straJi~cr TO: All existing rights of way std eatasermx of rraord or in~lied appaariag on the abova
described parcel of auxl.
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Heron Ridge Estates AZ-13-002; PP-13-006; ALT-13-007 PAGE 18
EXHIBIT A
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Heron Ridge Estates AZ-13-002; PP-13-006; ALT-13-007 PAGE 19
EXHIBIT A
D. Required Findings from Unified Development Code
1. Annexation Findings:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation, 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 a portion of the subject property from RUT and RI in
Ada County to the R-2 zoning district. The Council finds that the proposed map amendment
is generally consistent with the low density residential land use designation for this site
Therefore, the Council finds the amendment is consistent with the applicable provisions of
the Comprehensive Plan (see section VII above).
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The Council finds that the proposed map amendment to the R-2 zoning district and proposed
. single-family residential development of the property is generally consistent with the purpose
statement of the residential district.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The Council finds that the proposed zoning amendment will not be detrimental to the public
health, safety, or welfare. City utilities will be extended at the expense of the applicant. The
Council considered all oral or written testimony provided when determining this finding.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and,
The Council finds that the proposed zoning amendment will not result in any adverse impact
upon the delivery of services by any political subdivision providing services to this site.
e. The annexation is in the best of interest of the City (UDC 11-SB-3.E).
The Council finds annexing this property with an R-2 zoning district 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 Council shall make the following findings:
A. The plat is in conformance with the Comprehensive Plan and is consistent with this
unified development code;
The Council finds that the proposed plat generally complies with the comprehensive plan
and is consistent with the UDC. The Council finds the proposed plat comports to the
dimensional standards of the R-2 zoning district and the subdivision regulations set forth
in the UDC (please see Section 7 and Section 9 of the Staff Report for detailed analysis
that apply to this development).
B. Public services are available or can be made available and are adequate to
accommodate the proposed development;
Heron Ridge Estates AZ-13-002; PP-13-006; ALT-13-007 PAGE 20
EXHIBIT A
The Council finds that services can be made available to accommodate the proposed
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 subdivisions will not require the expenditure of capital
improvement funds.
D. There is public financial capability of supporting services for the proposed
development;
The Council relied upon comments from the public service providers (i.e., police, fire,
ACHD, etc.) to determine this finding.
E. The development will not be detrimental to the public health, safety or general
welfare; and
The Council was not made aware of any health, safety or environmental problems
associated with the development of the subdivision. ACHD considers road safety issues
in their analysis. The Council referenced all public testimony presented to determine
whether or not the proposed subdivision may cause health, safety or environmental
problems of which the Commission and staff are unaware.
F. The development preserves significant natural, scenic or historic features.
The Council is unaware of any natural, scenic or historic features on this site. Therefore,
the Council finds that the proposed development will not result in the destruction, loss or
damage of any natural, scenic or historic feature(s) of major importance. The Council
referenced all public testimony presented to determine whether or not the proposed
development may destroy or damage a natural or scenic feature(s) of major importance of
which the Commission and staff are unaware.
3. Alternative Compliance Findings:
In order to grant approval for alternative compliance, the director shall determine the
following findings:
1. Strict adherence or application of the requirements is not feasible; OR
Due to the topography adjacent to the planned road (N. Jayker Way), strict adherence is
not feasible to construct a continuous 20-foot wide landscape buffer along the west
boundary of the roadway. In lieu of the sidewalk on both sides of the street the applicant
is provided a 10-foot wide sidewalk on the east side of the roadway consistent with the
approval of the Spurwing Greens project to the south.
2. The alternative compliance provides an equal or superior means for meeting the
requirements; and
The applicant's proposal to provide a wider buffer adjacent to N. Jayker Way mitigates
the loss of the buffer along a portion of the west boundary of the roadway. Staff believes
a portion on the east boundary should be widened from 10 feet to 20 feet to ensure a 20-
foot wide continuous buffer is being provided along the east boundary. If the buffer width
on the east side is increased and widened on the submitted landscape plan staff finds the
alternative provides an equal means for meeting the requirements.
3. The alternative means will not be materially detrimental to the public welfare or
impair the intended uses and character of the surrounding properties.
Heron Ridge Estates AZ-13-002; PP-13-006; ALT-13-007 PAGE 21
EXHIBIT A
Staff finds that the proposed alternative will not be detrimental to the public welfare or
impair the use/character of the surrounding properties if the applicant provides a mass
grading plan that ensures the stability of the slope adjacent to the buildable lots and the
roadway.
Heron Ridge Estates AZ-13-002; PP-13-006; ALT-13-007 PAGE 22