Findings for Approval Spurwing Orchard AZ PPCITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
~E IDR IAN,-
~J
In the Matter of the Request for Annexation of 26.53 Acres with the R-4 Zoning District AND
Preliminary Plat Consisting of Sixty-three (63) Single-Family Residential Building Lots and Four
(4) Common Lots on 25.85 Acres, Located on the North Side of W. Chinden Boulevard; West of N.
Ten Mile Road, by Brighton Investments LLC.
Case No(s). AZ-13-009; PP-13-021
For the City Council Hearing Date of: November 19, 2013 (Findings on December 3, 2013)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of November 19, 2013, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of November 19, 2013, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of November 19,
2013, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of November 19, 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 (LC. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 1 l 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 OP MERIDIAN FINDINGS OF PACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-13-009 & PP-13-021
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 November 19, 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 § l l -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 and preliminary plat is hereby approved per the
conditions of approval in the attached Staff Report for the hearing date of November 19, 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 1 l -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 segiments, if submitted within successive intervals of two (2) years, maybe 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 1 l . 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 1 ] -
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-13-009 & PP-13-021
-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 November I9, 2013
CITY OF MERIDIAN FINDINGS OP FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-13-009 & PP-13-021
-3-
By action of the City Council at its regular meeting held on the
2013.
COUNCIL PRESIDENT BRAD HOAGLUN
COUNCIL VICE PRESIDENT CHARLIE ROUNTREE
COUNCIL MEMBER DAVID ZAREMBA
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
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day of ~ ,
VOTED~~
V OTED~~
VOTED ~X-~
VOTED LI
VOTED
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Mayor Tam e_Weerd
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Attest: ~ ~`'
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c~ ~ ;f.-.. 1;~ _ ~; TI~IAN~-
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Jaycee loran, City Clerk ~ ~ ° ~~~
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' the TGE\50. ~'t~e~'
Copy served upon Applicant, The Planning'De
~~
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City) ler c' O eg. __ _,`_
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Public Works Department and City Attorney.
Dated: 1a~~1 ~ .~~~
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-D-009 & PP-13-021
-4-
EXHIBIT A
STAFF REPORT
Hearing Date: November 19, 2013 E IDIAN~-
TO: Mayor and City Council
FROM: Bill Parsons, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-221 1
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
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. The Meridian
Planning and Zoning Commission heard these items on October 17, 2013. At the public hearing,
tiie ~'~~~~trr~is4rt ai w~~,t~:~d tti te~ct~*~a~~r~r~cl al~~r<~~zi1 ~ij'tfie ~~att°~eCi ;~''`. aa~tl i"1' r~-~t;c~t_•=_
a. Summary of Commission Public Hearing:
i. In favor: Mike Wardle
ii. In opposition: None
iii. Commenting: Howard Shoemaker and Jeff Hessing
iv. Written testimony: Mike Wardle in response to the staff report.
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(sl to Staff Recommendation:
i. None
d. Outstanding Issue(s) for City Council:
i. None
~,. u mmarv of City C ouncil Public Hearin:
1. In favor: Mike Wardle
i~ In op_oosition: None
iii Commenting: None
~ Written testim ony Mike Wardle in agreement
wi th the Commission's
_ recommendati _
ons.
ti. Staff presentin gs~nnlication: Bill Parsons
yia Other staff com menting on annlication: None
Spurwing Orchard East AZ-13-009 & PP-13-021 PAGE 1
EXHIBIT A
l~.
~. .xrencion of ine ~anusc aoing. iu-iuot natnwav anu perm acru~~ sue uuu~e~ e u~ ~,uuiue~
Boulevard w ith the Wes twin~ Estates access cl osure.
'
i~ Although no t nart of t his annroval or finali zed. Council acknowledged ACHD
s and
iTD's nartn ershin on the closing of the W estwing_Estates Chinden ac cess and the
~,. ney ~:oui
i. None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-13-
009 and PP-13-021, as presented in the staff report for the hearing date of November 19, 2013, with
the following modifications: (Add any proposed modifications).
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-13-009
and PP-13-021, as presented during the hearing on November 19, 2013, for the following reasons:
(You should state specific reasons for denial)
Continuance
I move to continue File Numbers AZ-U-009 and PP-l 3-021 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 FACTS
A. Site Address/Location:
The site is located on the north side of W. Chinden Boulevard, west of N. Ten Mile Road in
southeast'/4 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
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); October 28,
and November 11, 2013 (Council)
C. Radius notices mailed to properties within 300 feet on: September 12, 2013 (Commission);
October 24, 2013 (Council)
Spur~~~ing Orchard East AZ-13-009 & PP-13-021 PAGE 2
EXHIBIT A
D. Applicant posted notice on site(s) on: September 23, 2013 (Commission); November 7, 2013
Council
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 Lmits/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):
• ``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." (3.07.01 E)
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 arad
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 dais site.
Spurwing Orchard East AZ-13-009 & PP-13-021 PAGE 3
EXHIBIT A
• `'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 11-3D-S
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 Buffers 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 proper-ties from incompatible land use development on adjacent
parcels." (3.06.01 F)
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-
foot wide parkways and sheet buffers. Overall open 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." (3.01.01 F)
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
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 traits per acre.
Spurwing Orchard East AZ-13-009 & PP-13-021 PAGE 4
EXHIBIT A
B. Schedule of Use: Unified Development Code (UDC) Table I 1-2A-2 lists 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 1 I -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 ] I -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.
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 concerls 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. ACRD 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 ACRD.
Multi-Use Pathway: UDC 1 I-3H-4C.4 requires a ]0-foot wide multi-use pathway to be
constructed along W. Chinden Boulevard (SH 20/26) within a public use easement. Prior to
Spurwing Orchard East AZ-13-009 & PP-13-021 PAGE 5
EXHIBIT A
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 bean 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 1 l -3G-3A; the requirements for qualified open
space is defined in UDC 1 1-3G-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 l 1-3G-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 1 1-3B-7C.5. The landscape plan must be revised to comply with this requirement.
Parkways: Landscaped (8-foot) parkways are depicted on the landscape plan along all roads in
the proposed subdivision in accord with UDC 1 1-3A-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-IS and MCC 9-1-28.
Spunving Orchard East AZ-13-009 & PP-13-021 PAGE 6
EXHIBIT A
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, Slaff 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
] . 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
Spurwin~ Orchard East AL-13-009 & PP-13-021 PAGE 7
EXHIBIT A
A. Drawings
1. Vicinity Map
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Spur~~ing Orchard East A7_-13-009 & PP-13-021 PAGE 7
EXHIBIT A
2. Proposed Preliminary Plat (dated: 08/]4/13)
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Spurwing Orchard East AZ-13-009 & PP-] 3-021 PAGE 8
EXHIBIT A
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Spur~r-ing Orchard East AZ-13-009 & PP-13-021 PAGE 9
EXHIBIT A
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Spurwing Orchard East AZ-13-009 & PP-13-021 PAGE 10
EXHIBIT A
4. Proposed Home Elevations
Spurwing Orchard East AZ-13-009 & PP-13-021 PAGE ] 1
EXHIBIT A
Spurwing Orchard East AZ-13-009 & PP-13-021 PAGE 12
EXHIBIT A
Spurvving Orchard East AZ-13-009 & PP-13-021 PAGE 13
EXHIBIT A
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 1 1-2A-3B for the R-4 zoning district.
b. The applicant shall dedicate (Lot 64, Block 1) an additional 30 feet of right-of way (70-feet
total) as proposed on the plat and requested by ITD for Chinden Boulevard (SH 20/26).
a 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 ACRD
easement recorded as instrument # 112082495.
1.1.2 The landscape plan shall be revised as follows:
a. Construct a 10-foot wide multi-use pathway along W. Chinden Boulevard in accord with
UDC l 1-3H-4C.4.
b. Construct a berm or a berm and wall combination in accord with the standards listed in UDC
1 l -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.
a 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 l 1-3B-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 andlor any fencing required by the UDC,
consistent with the standards as set forth in UDC l 1-3A-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 1 l -3A-6A.2.
l .l .6 The applicant shall comply with the submitted home elevations attached in Exhibit A.4.
1.1.7 Comply with all ACRD 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.
Spunving Orehard East AZ-] 3-009 & PP-13-021 PAGE 14
EXHIBIT A
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 1 ] -3A-17.
1.2.5 hlstall all utilities consistent with the standards as set forth in UDC 1 1-3A-21 and 11-3B-SJ.
1.2.6 Construct all off-street parking areas consistent with the standards as set forth in UDC 1 1-3C-6
for single-family dwellings.
1.2.7 Construct storm water integration facilities that meet the standards as set forth in UDC 1 l -3B-
11C.
1.2.8 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 1 1-3G-3B5
and l 1-3B-7C.
1.2.9 Comply with all subdivision design and improvement standards as set forth in UDC 1 l -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 1 1-3B-10.
1.2.1 1 Comply with all provisions of UDC 1 1-3A-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 1 I -3B-6 and to install and maintain all landscaping as set forth
in UDC I 1-3B-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.
] .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 conrinuing obligation to comply with the outdoor lighting provisions as set
forth in UDC 11-3A-] 1.
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 ] 1-
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 l I-SC-3C.
Spurwing Orchard East A7-13-009 & PP-li-021 PAGE 15
EXHIBIT A
I.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary
plat as set forth in UDC 1 l -6B-3C2.
].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 1 I-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.
l .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 l I -3B-14A.
2. PUBLIC WORKS DEPARTMENT
2.l 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-I3-8.3). 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.
Spurring Orchard East AZ-] 3-009 & PP-13-021 PAGE 16
EXHIBIT A
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.
2.1 l 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 feattires 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 Envirornnental Protection Agency.
2.16 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.l 7 All grading of the site shall be performed in conformance with MCC 1 1-12-3H.
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 wider the jurisdiction of an irrigation district
or ACRD. The design engineer shall provide certification that the facilities have been installed in
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
2.21 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 hnprovement Standards for Street Lighting. All street lights
shall be installed at developer's expense. Final design shall be submitted as part of the
development planset 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
Spunving Orchard East AL-13-009 & PP-13-021 PAGE 17
EXHIBIT A
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 887-221 1.
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.l The Police Department has no concerns related to this application.
4. FIRE DEPARTMENT
4.l 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 HIGCI~i'AY DISTRICT (DR4FT COMMENTS
7.1 Site Specific Conditions of Approval
7.1.1 Extend Calcutta Avenue and Bay Oak Street into the site as 33-foot street sections, with curb,
gutter, and 5-foot wide detached sidewalk within 60-feet of right-of--way.
7.1.2 Construct the internal streets as 33-foot street sections, with curb, gutter, and 5-foot wide
detached sidewalk within 60-feet ofright-of--way.
7.1.3 Construct one stub street, Star Hollow, located approximately 1,150-feet north of Chinden
Boulevard (SH 20/26), to the east property line.
7.1.4 Vacate the "permanent right-of--way easement" with ACHD in order to dedicate the right-of--way
for the proposed Star Hollow Street, prior to final plat. Coordinate with District staff the
recording of the release of easement through the vacation with the recording of the final plat.
7.1.5 Payment of impacts fees are due prior to issuance of a building permit.
7.1.6 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, 72033, 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.
Spurwing Orchard East AZ-13-009 & PP-13-021 PAGE 18
EXHIBIT A
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 ACRD 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.
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 D[GLINE (1-811-342-1585) at least two full
business days prior to breaking ground within ACRD right-of--way. The applicant shall
contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or
filled) are compromised during any phase of construction.
7.2.8 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 ACHD 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.
7.2.1 1 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 ACHD. 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 ACHD
Commission.
Spurwing Orchard East AZ-13-009 & PP-13-021 PAGC 19
EXHIBIT A
C. Legal Description & Exhibit Map for Rezone
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August 19, 2013
Project No. 113098
Exhibit "A"
SPURWlNG EAST SUBDIVISION
ANNEXATION AND REZONE DESCRIPTION
Page 1 of 2
A parcel of land being Lot 10, Block 1 of Westwing Estates and a portion of the SE 1/4 of the SE 1/4
of Section 22, Township 4 North, Range 2 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 fire Section Line common to said Sections
22 and 27 to the POINT OF BEGINNING;
Thence continuing North 89°17'35" West a distance of 738.77 feet on the Section Line common
to said Sections 22 and 27;
Thence North 00°25'45" East a distance of 1316.93 feet, a portion of said line being on the
exterior boundary line of Westwing Estates, as same is shown on the Plat thereof recorded in
Book 70 of Plats at Page 7200 of Ada County Records, to the northwest corner of said Lot 10;
Thence on the exterior boundary line of said Lot 10, Block 1 of Westwing Estates for the
following courses and distantes:
Thence South 89°18'37" East a distance of 967.45 feet (formerly described as 967.33 feet) to the
northeast corner of Bald Lot 10;
Thence South 00°20'38" West a distance of 34.28 feet;
Thence North 84°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, said curve having a radius of 50.00 feet, a
central angle of 163'23'54", a chord bearing of South 08°38'41" West, and a chord distance of
98.95 feet to a point of reverse curve;
Thence 25.62 feet on the arc of a curve to the right, said 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, said curve leaving a radius of 125.00 feet, a
central angle of 66°33'26", a chord bearing of South 33°37'21" 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, said curve having a radius of 175.00 feet,
a central angle of 66'33'40", a chord bearing 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 20
EXHIBIT A
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Thence Sotitli 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
Spunving Orchard East AZ-13-009 & PP-13-021 PAGE 21
EXHIBIT A
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SEGMENT BEARING LENGTH
Lt S00'20'38"W 34.28'
L2 N69'39'22"W 50.00'
L3 S00'20'24`W 136.96'
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C2 25.62' 20.00' 73'23'58" S36'21'21"E 23.90
C3 145.21' 125.00' 66'33'26' S33'37'21"W 137.18
C4 203.30' 175.00' 66'33'4D" S33'37'14"W 192,06
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Spurwing Orchard East AZ-13-009 & PP-13-021 PAGE 22
EXHIBIT A
D. Required Findings from Unified Development Code
I. 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. The Council finds
that the proposed map amendment is generally consistent with the LDR FLUM designation
for this property. 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-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;
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 that was 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 ll-SB-3.E).
The Council 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;
The Council 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;
The Cotmcil 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 23
EXHIBIT A
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, the Council finds that the subdivision will not require the expenditure
of capital improvement funds.
d. There is public financial capability of supporting services for the proposed
development;
The Council relied upon comments from the public service providers (i.e., Police, Fire,
ACHD, 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
The Council was not made aware of any health, safety, or environmental problems
associated with the platting of this property. ACHD and ITD consider road safety issues
in their analysis. The Council considered all public testimony that was presented to
determine whether or not the proposed subdivision may cause health, safety or
environmental problems.
f. The development preserves significant natural, scenic or historic features.
The Council 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 24
CITY OF MERIDIAN ~ T~T~l~ T
FINDINGS OF FACT, CONCLUSIONS OF LAW 1 1 l~ :-~
AND
DECISION & ORDER
In the Matter of the Request for Annexation of 26.53 Acres with the R-4 Zoning District AND
Preliminary Plat Consisting of Sixty-three (63) Single-Family Residential Building Lots and Four
(4) Common Lots on 25.85 Acres, Located on the North Side of W. Chinden Boulevard; West of N.
Ten Mile Road, by Brighton Investments LLC.
Case No(s). AZ-13-009; PP-13-021
For the City Council Hearing Date of: November 19, 2013 (Findings on December 3, 2013)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of November 19, 2013, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of November 19, 2013, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of November 19,
2013, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of November 19, 20 ] 3, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 1 l 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 goven~mental
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.
CI"1"Y OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-13-009 & PP-13-021
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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 November 19, 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 and preliminary plat is hereby approved per the
conditions of approval in the attached Staff Report for the hearing date of November 19, 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 ll-6B-7B).
Upon written request and filed by the applicant prior to the ter-nination 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 1 1. 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 concealing 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 MEKIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-13-009 & PP-13-021
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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 November I9, 2013
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-13-009 & PP-13-021
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By action of the City Council at its regular meeting held on the day of
2013.
COUNCIL PRESIDENT BRAD HOAGLUN VOTED
COUNCIL VICE PRESIDENT CHARLIE ROUNTREE VOTED
COUNCIL MEMBER DAVID ZAREMBA VOTED
COUNCIL MEMBER KEITH BIRD VOTED
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED
Mayor Tammy de Weerd
Attest:
Jaycee Holman, City Clerk
Copy served upon Applicant, 'The Plamling Department, Public Works Department and City Attorney.
By:
City Clerk's Office
Dated:
CITY OP MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-13-009 & PP-13-021
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