Staff ReportItem #4L, M: Spurwing Orchard East Subdivision (AZ-13-009; PP-13.021)
Application(s):
Annexation & Zoning
Preliminary Plat
Size of property, existing zoning, and location: This site consists of [#] acres, is currently zoned [district], and is located at
[address/general location].
Adjacent Land Use & Zoning:
History: [if applicable]
Summary of Request: [details]
Comprehensive Plan FLUM Designation: [details]
Written Testimony: [name(s)]
Staff Recommendation: [Approval/Denial]
Notes:
STAFF REPORT
Hearing Date: October 17, 2013 E IDIAN~--
(Continued from October 3, 2013) I D A H O
TO: Planning and Zoning Commission
FROM: Bill Parsons, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manger
208-887-2211
SUBJECT: Spurwing Orchard East Subdivision - AZ-13-009 and PP-13-021
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Brighton Investments, LLC, has applied for a rezone (RZ) of 26.53 acres of land from
the RUT in Ada County to the R-4 zoning district and a preliminary plat (PP) consisting of sixty-three
(63) single-family residential building lots and four (4) common other lots on approximately 25.85
acres of land in the proposed R-4 zoning district. See Section IX of the staff report for more
information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed AZ and PP applications in accord with the conditions of
approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to recommend approval to the City
Council of File Numbers AZ-13-009 and PP-13-021, as presented in the staff report for the hearing
date of October 17, 2013, with the following modifications: (Add any proposed modifications).
Denial
After considering all staff, applicant and public testimony, I move to recommend denial to the City
Council of File Numbers AZ-13-009 and PP-13-021, as presented during the hearing on October 17,
2013, for the following reasons: (You should state specific reasons for denial)
Continuance
I move to continue File Numbers AZ-13-009 and PP-13-021 to the hearing date of (insert continued
hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACT5
A. Site Address/Location:
The site is located on the north side of W. Chinden Boulevard, west of N. Ten Mile Road in
southeast'/a of Section 22, Township 4 North, Range 1 West. (Parcel #'s: 89323930190)
B. Owner/Applicant:
Brighton Investments, LLC
12601 W. Explorer Drive, Ste. 200
Boise, Idaho 83713
Spurwing Orchazd East AZ-13-009 & PP-13-021 PAGE 1
C. Representative:
Mike Wardle, Brighton Development, Inc.
12601 W. Explorer Drive, Ste. 200
Boise, Idaho 83713
D. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for an annexation and preliminary plat. 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: September 16, and 30, 2013(Commission);
C. Radius notices mailed to properties within 300 feet on: September 12, 2013 (Commission);
D. Applicant posted notice on site(s) on: September 23, 2013 (Commission);
VI. LAND USE
A. Existing Land Use(s) and Zoning: This site is currently being farmed and consists of agricultural
property, zoned RUT in Ada County.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Spurwing Greens Subdivision No. 2, zoned R-2
2. East: Westwing Estates Subdivision, zoned RUT in Ada County
3. South: Chinden Boulevard and undeveloped agricultural property, zoned RUT (Ada County)
4. West: Spurwing Orchard Subdivision No. 2, zoned R-8 and R-15
C. History of Previous Actions: NA
D. Utilities:
1. Public Works:
a. Location of sewer: Sanitary sewer service to this development will be accomplished by
an extension of an existing main located in N. Calcutta Avenue at the subdivision's north
boundary, and an extension of a main currently under construction in W. Bay Oak Street
at the subdivision's west boundary.
b. Location of water: Domestic water service to this development is to be provided by
United Water of Idaho.
c. Issues or concerns: None
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 63 residential lots on 25.85 acres for a gross density of
2.44 dwelling units/acre which is consistent with the anticipated density of the Comprehensive Plan
for this area and the requested R-4 zoning district.
Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to
the development of this property (staff analysis in italics):
Spurwing Orchard East AZ-13-009 & PP-13-021 PAGE 2
• "Support a variety of residential categories (low-, medium-, medium-high and high-density
single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the
purpose of providing the City with a range of affordable housing opportunities." (3.07.O1E)
The proposed medium-low density residential development will contribute to the variety of
residential densities in this area of the City, which currently consists of low density and
medium density residential properties.
• "Provide housing options close to employment and shopping centers." (3.07.02D)
The proposed residential development will provide housing opportunities in close proximity
to a proposed Wal-mart and an existing shopping center at the northeast corner of Chinden
Boulevard and Linder Road. Future employment uses are also planned within a half mile
south of this site.
• "Require new residential development to meet development standards regarding landscaping,
signage, fences and walls, etc." (3.05.0X)
Street buffer landscaping is required adjacent to W. Chinden Boulevard in accord with the
standards listed in UDC 11-3B-7C as shown on the landscape plan. Separate permits shall
be obtained for signage and fencing in compliance with the standards listed in UDC I1-3D-5
and 11-3A-7 respectively. Open space is being provided in excess of the 10 percent required
by the UDC.
"Require landscape street buffers for new development along all entryway corridors."
(2.01.02E)
A 35 foot wide landscape buffer will be required along W. Chinden Boulevard in accord with
the standards listed in UDC 11-3B-7C Landscape Bu, ffers along Streets. The applicant is
proposing to construct a 75 foot wide landscape buffer to match the existing buffer
constructed with the subdivision to the west.
• "Protect existing residential properties from incompatible land use development on adjacent
parcels." (3.06.O1F)
The proposed single family residential development should be compatible with existing
adjacent low and medium density residential uses.
"Require usable open space to be incorporated into new residential subdivision plats
(3.07.02A)
The UDC (11-3G-3) requires a minimum of 10% qualified open space for the plat. The
proposed plat depicts 13.3% eligible open space (or 3.43 acres) which meets the
requirements of the UDC. Qualifying open space includes several passive open space lots, 8-
footwide parkways and street buffers. Overall opens space for the project is approximately
4.97acres or 19.2 percent.
• "Permit new development only where urban services can be reasonably provided at the time
of final approval and development is contiguous to the City." (3.01.O1F)
The proposed development is contiguous to the City and urban services are available to be
extended to the site upon development in accord with UDC 11-3A-21.
• "Encourage and promote the preservation and expansion of Chinden Boulevard (US 20/26)
by ITD (3.03.02L).
The applicant must coordinate with ITD on the preservation of right of way (ROW) along the
Chinden corridor. The total ROW needed for this segment of corridor is 140 feet. The
Spurwing Orchard East AZ-13-009 & PP-13-021 PAGE 3
submitted plans depicts Lot 64, Block 1 which provides the 30 feet of additional (70 feet total
from centerline) ROW.
For the above stated reasons, staff finds the proposed project is consistent with the goals and
objectives in the Comprehensive Plan.
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of the Residential Districts:
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. The medium-low density residential (R-4)
district allows a maximum gross density of 4 dwelling units per acre.
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-4 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 principal permitted use in the R-4 zoning district.
C. Dimensional Standards: Development of the site should be consistent with the dimensional
standards listed in UDC Table 11-2A-5 for the R-4 zoning district.
D. Landscaping:
1. Street buffer landscaping shall be installed in accordance with the standards listed in
UDC Table 11-2A-5 for the R-4 zoning district.
2. The subject site must comply with the common open space and site amenity requirements
listed in UDC 11-3G-3.
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 26.53 acres of land with an R-4 zoning district. As
discussed above in Section VII, the proposed zone is consistent with the text of the
comprehensive plan and Future Land Use Map (FLUM) designation of LDR. Since this is a low
impact development and is adjacent to other residential development in the area, staff is not
recommending a development agreement with the annexation of the property.
Preliminary Plat
Dimensional Standards: Staff has reviewed the proposed plat for compliance with the
dimensional standards listed in UDC Table 11-2A-5 for the R-4 district. There is a single lot (Lot
57, Block 1) with street frontage at approximately a 90° angle that does not meet the minimum 30
feet street frontage required by UDC 11-2A-3B. There are also a few lots (Lot 50, Block 1 and
Lots 7 & 8, Block 7) that do not meet the minimum 60-foot street frontage requirement.
Spurwing Orchard East AZ-13-009 & PP-13-021 PAGE 4
The minimum property size in the R-4 district is 8,000 square feet; all lots appear to comply with
this standard. The minimum home size is 1,400 square feet. All lots must comply with the
dimensional standards of the R-4 district with the submittal of a final plat.
Access: Access is proposed on the plat via two (2) stub streets; one along the north boundary and
one at the west boundary that were approved with the Spurwing Greens development. A stub
street is proposed to the east for future connectivity to the private street constructed with the
Westwing Estates Subdivision. At this time, W. Star Hollow Drive will not connect to the private
street due to concerns with future residents using the private lane to access Chinden Boulevard. In
lieu of the street connection, the applicant is proposing to plat a common lot and install
landscaping until the private street access is closed to Chinden Boulevard. ACHD has a
permanent access easement across the common lot to facilitate the street connection in the future.
Staff is amenable to this proposal if approved by ACHD.
Multi-Use Pathway: UDC 11-3H-4C.4 requires a 10-foot wide multi-use pathway to be
constructed along W. Chinden Boulevard (SH 20/26) within a public use easement. Prior to
signature on the first final plat, the applicant is required to submit a public pedestrian easement to
the Planning Division for approval by City Council and subsequent recordation.
Noise Abatement: Traffic noise abatement is required to be provided for residential uses
adjoining state highways. The applicant has provided a berm detail however the height of the
berm is measured from the edge of ROW not the centerline of Chinden Boulevard. With the
submittal of the final plat, the applicant must revise the berm detail to show the measurement
from the centerline of Chinden Boulevard in accord with the standards listed in UDC 11-3H-4D.
Open Space and Site Amenities: A minimum of 10% of the total land area of the site is required
to be provided for open space in accord with UDC 11-3G-3A; the requirements for qualified open
space is defined in UDC 11-3G-3B. The plat consists of 25.85 acres; therefore, a minimum of
2.58 acres of qualified open space is required to be provided.
A total of 4.97 acres (or 19.2%) of open space is proposed with the plat, consisting of parkways
along the internal local streets, 50% of the street buffer along Chinden Boulevard and two (2)
open grassy areas (50' x 100' or greater in area).
In accord with UDC 11-3G-3A.2, a minimum of two (2) site amenities consisting of quality of
life, recreation, and pedestrian or bicycle circulation system amenities are required to be provided
with this development in accord with UDC 11-3G-3C. The applicant is proposing an additional
5% of open space above the required amount and amulti-use pathway adjacent to Chinden
Boulevard.
Staff finds the proposed subdivision complies with the open space and site amenity standards of
the UDC.
Landscaping: The applicant is required to provide a 35-foot wide landscape buffer adjacent to
Chinden Boulevard and landscape the buffer in accord with the standards listed in UDC 11-3B-
7C. The applicant is proposing to construct a 75-foot wide landscape buffer. The submitted
landscape plan complies with this requirement of the UDC.
Since the unimproved street right-of-way along Chinden Boulevard is 10 feet or greater from the
edge of pavement to edge of sidewalk or property line, and street widening project is not in the
transportation authority's five year funded plan, the developer is required to maintain a 10-foot
wide compacted gravel shoulder meeting the construction standards of the transportation
authority and landscape the remainder with lawn or other vegetative ground cover in accord with
UDC 11-3B-7C.5. The landscape plan must be revised to comply with this requirement.
Spurwing Orchard East AZ-13-009 & PP-13-021 PAGE 5
Parkways: Landscaped (8-foot) parkways are depicted on the landscape plan along all roads in
the proposed subdivision in accord with UDC 11-3A-17.
Sidewalks: Sidewalks are required along all public streets as shown on the landscape plan, in
accord with UDC 11-3A-17.
Ditches, Laterals, and Canals: Per UDC 11-3A-6, all irrigation ditches, laterals or canals,
exclusive of natural waterways and waterways being used as amenities, which intersect, cross or
lie within the area being subdivided shall be covered.
Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be
supplied by a year-round source of water. The applicant should be required to utilize 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. An underground, pressurized irrigation
system should be installed to all landscape areas per the approved specifications and in
accordance with UDC 11-3A-15 and MCC 9-1-28.
Building Elevations: The applicant has submitted conceptual building elevations for the future
homes in this development, included in Exhibit A.4. These elevations depict a variety of styles
and building materials consistent with existing homes in Spurwing Orchard Subdivision to the
west.
In summary, Staff recommends approval of the proposed annexation and preliminary plat request
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: 08/14/13)
3. Proposed Landscape Plan (dated: 08/13/13)
4. Proposed Home Elevations
B. Conditions of Approval
C. Legal Description and Exhibit Map
D. Required Findings from Unified Development Code
Spurwing Orchard East AZ-13-009 & PP-13-021 PAGE 6
A. Drawings
1. Vicinity Map
Spurwing Orchard East AZ-13-UO) & PP-13-021 PAGE 7
2. Proposed Preliminary Plat (dated: 08/14/13)
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Spurwing Orchard East AZ-13-009 & PP-13-021 PAGE 11
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Spurwing Orchard East AZ-13-009 & PP-13-021 PAGE 13
B. EXHIBIT B -AGENCY & DEPARTMENT COMMENTS/CONDITIONS
1. PLANNING DEPARTMENT
1.1 Annexation and Preliminary Plat -Site Specific Conditions of Approval
1.1.1 The preliminary plat shall be revised as follows:
a. All lots shall comply with the minimum street frontage requirements listed in UDC Table 11-
2A-5 and/or UDC 11-2A-3B for the R-4 zoning district.
b. The applicant shall dedicate (Lot 64, Block 1) an additiona130 feet of right-of way (70-feet
total) as proposed on the plat and requested by ITD for Chinden Boulevard (SH 20/26).
c. Construct the internal street network as proposed. The applicant shall stub W. Star Hollow
Drive to the east as proposed and comply with requirements of the permanent ACHD
easement recorded as instrument #112082495.
1.1.2 The landscape plan shall be revised as follows:
a. Depict a minimum 10-foot wide multi-use pathway along W. Chinden Boulevard in accord
with UDC 11-3H-4C.4.
b. Construct a berm or a berm and wall combination in accord with the standards listed in UDC
11-3H-4D for traffic noise abatement from Chinden Boulevard (SH 20/26). With the
submittal of the final plat, the applicant must revise the berm detail to show the measurement
of the berm height from the centerline of Chinden Boulevard.
c. If the unimproved street right-of-way along Chinden Boulevard is 10 feet or greater from the
edge of pavement to edge of sidewalk or property line, and street widening project is not in
the transportation authority's five year funded plan, the developer is required to maintain a
10-foot wide compacted gravel shoulder meeting the construction standards of the
transportation authority and landscape the remainder with lawn or other vegetative ground
cover in accord with UDC 11-3B-7C.5.
d. The applicant shall comply with proposed open space and site amenities represented on the
submitted landscape plan attached as Exhibit A.3.
e. Provide a 75-foot wide landscape buffer along Chinden Boulevard as proposed.
1.1.3 Prior to signature on a final plat, a public pedestrian easement for the multi-use pathway along
Chinden Boulevard shall be submitted to the Planning Division of the Community Development
Department and approved by the City Council and recorded.
1.1.4 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.
1.1.5 The applicant shall pipe or otherwise cover all irrigation ditches, laterals or canals, intersecting,
crossing or lying within the area being developed in accord with UDC 11-3A-6A, unless left open
as a water amenity or linear open space in accord with UDC 11-3A-6A.2.
1.1.6 The applicant shall comply with the submitted home elevations attached in Exhibit A.4.
1.1.7 Comply with all ACHD conditions of approval.
1.2 General Conditions of Approval
1.2.1 Comply with all bulk, use, and development standards of the R-4 zoning district listed in UDC
11-2-A-5.
Spurwing Orchard East AZ-13-009 & PP-13-021 PAGE 14
1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. Direct lot access to
Chinden Boulevard is prohibited.
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.
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 storm water integration facilities that meet the standards as set forth in UDC 11-3B-
11 C.
1.2.8 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5
and 11-3B-7C.
1.2.9 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3,
including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements,
blocks, street buffers, and mailbox placement.
1.2.10 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.
1.2.11 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 11-3B-14.
1.3.2 All common open space and site amenities 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 shall have an ongoing obligation to maintain all pathways.
1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set
forth in UDC 11-3A-11.
1.3.7 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.
Spurwing Orchard East AZ-13-009 & PP-13-021 PAGE 15
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 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.
1.4.5 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.
1.4.6 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.
2. PUBLIC WORKS DEPARTMENT
2.1 The applicant shall install sewer mains to and through this subdivision; applicant shall coordinate
main size and routing with the Public Works Department, and execute standard forms of
easements for any mains that are required to provide service. Minimum cover over sewer mains
is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials
shall be used in conformance of City of Meridian Public Works Departments Standard
Specifications.
2.2 The applicant shall be responsible to install two water connections to any phase containing more
than 25 lots. The applicant shall also be responsible to install water mains to and through this
development, coordinate main size and routing with Public Works.
2.3 The applicant shall provide a 20-foot common lot for all public water/sewer mains outside of
public right of way. The common lot shall be covered with a blanket easement to the City of
Meridian.
2.4 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. Applicant shall coordinate the
connection with United Water of Idaho.
2.5 All existing structures that are required to be removed shall be prior to signature on the final plat
by the City Engineer.
2.6 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.
2.7 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.
2.8 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.
Spurwing Orchard East AZ-13-009 & PP-13-021 PAGE 16
2.9 Street signs are to be in place, sanitary sewer and 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.
2.10 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.
2.11 All development improvements, including but not limited to sanitary sewer and water, fencing,
micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to
obtaining certificates of occupancy.
2.12 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.
2.13 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.
2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.15 Applicant shall be responsible for application and compliance with and NPDES permitting that
may be required by the Environmental Protection Agency.
2.16 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.17 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.18 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
2.19 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least 1-foot above.
2.20 The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation district
or 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.
2.21 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.
2.22 100 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, which must include the location of any existing street lights.
Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not
exceed that outlined in the Standards. The contractor's work and materials shall conform to the
ISPWC and the City of Meridian Supplemental Specifications to the ISPWC.
2.23 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
Spurwing Orchard East AZ-13-009 & PP-13-021 PAGE 17
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.
2.24 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.
2.25 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.
3. POLICE DEPARTMENT
3.1 The Police Department has no concerns related to this application.
4. FIRE DEPARTMENT
4.1 The Fire Department has no concerns related to this application.
5. REPUBLIC SERVICES
5.1 Republic Services has no concerns related to this application.
6. PARKS DEPARTMENT
6.1 Construct a 10-foot multi-use pathway adjacent to W. Chinden Boulevard.
7. ADA COUNTY HIGHWAY DISTRICT
Comments have not yet been received from ACHD on this application.
Spurwing Orchard East AZ-13-009 & PP-13-021 PAGE 18
C. Legal Description & Exhibit Map for Rezone
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August 19, 2013
Project No. 113098
Exhibit "A"
SPURWING EAST SUBDIVISION
ANNEXATION AND REZONE DESCRIPTION
A parcel of land being Lot 10, Block 1 of Westwing Estates and a portion of the SE 1/4 of the SE i/4
of Section 22, Township 4 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho, more
particularly described as follows:
Commencing at the Section Corner common to Sections 22, 23, 26 and 27 of said Township 4 North,
Range 1 West;
Thence North 89'17'35" West a distance of 554.97 feet on the Section Line common to said Sections
22 and 27 to the POMlT Of BEGINNING;
Thence continuing North 89'1735" West a distance of 738.77 feet on the Sectbn Line common
to said Sections 22 and 27;
Thence North 00'25'45" East a distance of 1316.93 het, a portion of said Nne beirq~ on the
exterior bowndary Hna of Westwing Estates, as same k shown on the Plat thereof recorded in
Book 70 of Plats at Pave ?200 of Ada County Records, to the northwest corner of said lot 10;
Thence on the exterior bourxlary Rne of said lot 10, Stock 1 of Westwing Estates for the
folbwin; courses and distances:
Thence South 89'18'37" East a distance of 967.45 feet (formerly descried as 967.33 feet) to the
northeast corner of saki lot 10;
Thence South 00'20'38" West a distance of 34.28 feet;
Thence North 89'39'22" West a distance of 50.00 feet to a point of curve;
Thence 142.59 feet on the arc of a curve to the left, saki curve having a radius of 50.00 ftet, a
central angle of 163'23'54", a chord bearir~ of South 08'38'41" West, and a chord distance of
98.95 feet to a point of reverse euroe;
Thence 25.62 feet on the arc of a curve to the right, saki curve having a radius of 20.00 feet, a
central angle of 73'23'58", a chord bearing of South 36'21'21" East, and a chord distance of
23.90 feet;
Thence South 00'20'38" West a distance of 750.20 feet (formerly described as 750.34 feet) to a
point of curve;
Thence 145.21 Feet on the arc of a curve to the right, saki curve havirgl a radius of 125.00 feet, a
central angle of 66'33'26", a chord bearing of South 33'3721" West, and a chord distance of
137.18 feet to a point of reverse curve;
Thence 203.30 feet along the arc of a curve to the left, saki curve having a radius of 175.00 feet,
a central angle of 66'33'40", a chord bearng of South 33'37'14" West, and a chord distance of
192.06 feet;
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Spurwing Orchard East AZ-13-009 & PP-13-021 PAGE 19
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Thence South 00'20'24" West a distance of 138.96 feet to the point of beginning. Said parcel
contains 26.53 acres more or less.
PREPARED BY:
THE LAND GROUP, INC.
James R. Washburn
Spurwing Orchard East AZ-13-009 & PP-13-021 PAGE 20
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SEGMENT BEARING LENGTH
L1 s00'2o'36'W 34.2a'
l2 N8939'22"W 50.00'
l3 S00'20'24'W 138.96'
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G2 25.82' 20.00' 73'23'58' S36'21'21'E 23.90
C3 145.21' 125.00' 66'33'28" 53337'21"W 131.18
CL 203.30' 175.00' 66'33'40" S33'37'14"1M 19206
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Spurwing Orchard East AZ-13-009 & PP-13-021 PAGE 21
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 26.53 acres to the R-4 zoning district. Staff finds that the
proposed map amendment is generally consistent with the LDR FLUM designation for this
property. Therefore, Staff 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;
Staff finds that the proposed map amendment to the R-4 zoning district is consistent with the
purpose statements for residential districts as detailed in Section VIII above.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
Staff 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. Staff
recommends that the Commission and Council consider any oral or written testimony that
may be provided when determining this finding.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and,
Staff finds that the proposed zoning 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 11-5B-3.E).
Staff finds annexing this property with an R-4 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 decision-making body shall make the following findings:
a. The plat is in conformance with the Comprehensive Plan;
Staff finds that the proposed plat is in substantial compliance with the adopted
Comprehensive Plan in regard to land use, transportation, and circulation. Please see
Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more
information.
b. Public services are available or can be made available and are adequate to
accommodate the proposed development;
Staff finds that public services will be provided to the subject property upon
development. (See Exhibit B of the Staff Report for more details from public service
providers.)
Spurwing Orchard East AZ-13-009 & PP-13-021 PAGE 22
c. The plat is in conformance with scheduled public improvements in accord with the
City's capital improvement program;
Because City water and sewer and any other utilities will be provided by the development
at their own cost, Staff 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. (See Exhibit B
for more detail.)
e. The development will not be detrimental to the public health, safety or general
welfare; and
Staff is not aware of any health, safety, or environmental problems associated with the
platting of this property that should be brought to the Council or Commission's attention.
ACHD and ITD consider road safety issues in their analysis. Staff recommends that the
Commission and Council consider any public testimony that may be presented when
determining whether or not the proposed subdivision may cause health, safety or
environmental problems of which Staff is unaware.
f. The development preserves significant natural, scenic or historic features.
Staff finds there are no significant natural, scenic or historic features that will be lost with
development of the site.
Spurwing Orchard East AZ-13-009 & PP-13-021 PAGE 23