Center Community Sub PP-14-005 MDA-14-006CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
/VER --
IDAHO
In the matter of the request for a preliminary plat consisting of six (6) residential lots and two (2)
common lots on 6.77 acres of land; Development agreement modification to reduce the scale of the
community center/pool and modify the concept plan to allow for residential lots on the subject
property, located on the north/west corner of N. Tree Farm Way and N. Tree Haven Way, by Oak
Leaf Development Company.
Case No(s). PP -14-005 and MDA -14-006
For the City Council Hearing Date of. May 21, 2014 (Findings on June 3, 2014)
A. Findings of Fact
I . Hearing Facts (see attached Staff Report for the hearing date of May 21, 2014, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of May 21, 2014, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of May 21, 2014,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of May 21, 2014, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP -14-005, MDA -14-006
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.
That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of May 21, 2014, 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 § 11-5A 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 preliminary plat and development agreement modification for
Center Community Subdivision is hereby approved per the conditions of approval in the
attached staff report for the hearing date of May 21, 2014, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final plat, or
short plat shall become null and void if the applicant fails to obtain the city engineer's signature
on the final plat within two (2) years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat (UDC 11 -6B -7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two (2) years, may be considered for
final approval without resubmission for preliminary plat approval (UDC 11-613-713).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-613-7.A, the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up
to two (2) years as determined and approved by the City Council may be granted. With all
extensions, the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not net and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again (UDC 11-
613-7C).
Notice of Two (2) Year Development Agreement Duration
The development agreement shall be signed by the property owner and returned to the City
within two (2) years of the City Council granting annexation and/or rezone (UDC 11-513-3D).
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the City if filed prior to the end of the two (2) year approval period
(UDC 11 -5B -3F).
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP -14-005, MDA -14-006
-2-
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.
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 May 21, 2014
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASENO(S). PP -14-005, MDA -14-006
-3-
By action of the City Council at its regular meeting held on the ,3 rd day of �J tu1R
2014.
COUNCIL PRESIDENT CHARLIE ROUNTREE VOTEDU1a--
COUNCIL VICE PRESIDENT KEITH BIRD VOTED�a
COUNCIL MEMBER DAVID ZAREMBA
MAYOR
VOTED
COUNCIL MEMBER JOE BORTON
VOTED
COUNCIL MEMBER LUKE CAVENER
VOTED
COUNCIL MEMBER GENESIS MILAM
OTED
VOTED—VA-
MAYOR TAMMY de WEERD VOTED
lTTR RA R A V UV N
Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney.
Y: Dated: U d/j
Ci lerl 's cc
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP -14-005, MDA -14-006
-4-
Exhibit A
STAFF REPORT
Hearing Date: May 21, 2014E IDIIAN* -
TO: Mayor and City Council l AW d
FROM: Justin Lucas, Planning Supervisor
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: MDA -14-006; PP -14-005 — Center Community Subdivision
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Oak Leaf Development Company, Inc, has applied for a modification to the existing
development agreement (MDA) to change the original concept plan for the Tree Farm Community
(aka Spurwing Greens) by reducing the scale of the community recreation center and including
buildable lots adjacent to the proposed pool.
A preliminary plat (PP) is also proposed consisting of six (6) single-family residential building lots
and two (2) commonlother lots on 6.77 acres of land in the R-15 zoning district for Center
Community Subdivision. This is a proposed re -subdivision of Lot 1, Block 1, Jayker Subdivision
No. 1. See Section IX of the staff report for more information.
H. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed MDA and PP applications in accord with the conditions
of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit C. Note: The
MDA only requires City Council approval. Approval of the preliminary plat is contingent upon the
MDA being approved. The Meridian Planning and Zoning Commission heard these items on
April 17, 2014. At the public hearing, the Commission voted to recommend approval of the
subject PP application.
a. Summary of Commission Public Hearing:
i. In favor: Barry Semple
ii. In opposition: None
iii. Commenting: Robert Bacon, Gavle Bacon, Sandra Bachmer
iv. Written testimony: None
v. Staff presenting application: Justin Lucas
vi. Other staff commenting on application: None
b. Key Issue(s) of Discussion by Commission:
i. None
c. Key Commission Change(s) to Staff Recommendation:
i. None
d. Outstanding Issue(s) for City Council:
i. The proposed pool was a topic of discussion at the Planning and Zoning meeting. The
size of the pool and modification to the concept plan is covered under the MDA
application which is not acted on by the Planning and Zoning Commission.
The Meridian City Council heard these items on Mav 21.2014. At the public hearing. the
Council approved the subject PP and MDA request,
aSummary of City Council Public Hearing:
Center Community Sub PP -14-005; MDA -14-006 PAGE 1
Exhibit A
L In favor: Dour Carnahan
ii. In opposition: Larry Gram, Evonne Gram, Bob Bacon. Gael Bacon. Patrick Clark
Bei. Commenting: None
iy, Written testimony Bob and Gael Bacon
y aff presenting application: Justin Lucas
yj, Other staff commenting on application: None
IZ Key issues of Discussion by Council-
_i Size of pool facility. HOA dues, previous approval of pool and larger clubhouse
c Key Council Changes to Staff/Commission Recommendatio
I None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers MDA -14-
006 and PP -14-005, as presented in the staff report for the hearing date of May 21, 2014, with the
following modifications: (Add any proposed modifications).
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers MDA -14-
006 and PP -14-005, as presented during the hearing on May 21, 2014, for the following reasons:
(You should state specific reasons for denial)
Continuance
I move to continue File Numbers MDA -14-006 and PP -14-005 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 at 6651 N Tree Farm Way, in the SE '/a of Section 22, Township 4 North,
Range 1 West. (Parcel #: R4588420010)
B. Owner(s):
SPURWING GREENS MASTER ASSOCIATION INC
12610 W Explorer Drive, Suite 200
Boise, ID 83713
C. Applicant:
Oak Leaf Development Company
4042 W Chinden Blvd
Meridian, ID 83646
D. Representative:
Barry Semple
River Ridge Engineering
2247 S Vista Ave
Boise, ID 83705
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
Center Community Sub PP -14-005; MDA -14-006 PAGE 2
Exhibit A
A. The subject application is for a preliminary plat. A public hearing is required before the Planning
& Zoning Commission and City Council on this matter, consistent with Meridian City Code Title
11, Chapter 5.
B. The subject application is for a modification to the development agreement. A public hearing is
required before the City Council on this matter, consistent with Meridian City Code Title 11,
Chapter 5.
C. Newspaper notifications published on: March 31, and April 14, 2014 (Commission); April 28
and May 12,2-14 (Council)
D. Notices mailed to subject property owners on: March 20, 2014 (Commission); April 24, 2014
Council
E. Applicant posted notice on site(s) on: April 4, 2014 (Commission); May 6, 2014 (Council)
VI, LAND USE
A. Existing Land Use(s) and Zoning: The property contains a large pond, pump house and ACED
drainage easement that is improved with sod. The site is zoned R-15.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: This site is surrounded by
existing homes, and undeveloped residential/commerciat property, zoned R15, R-8 and C -N.
C. History of Previous Actions:
• In 2006, the subject property was annexed as the Tree Farm (AZ -06-004 and AZ -06-050) and
was granted approval with an R-15, zoning district. A Development Agreement (DA)
(#106151218) was executed upon annexation of the property.
• Several addendums to the DA have been recorded (#107025555 and #107141993). The first
addendum modified the original DA to include the addition of a 4.64 acre outparcel. The
second addendum followed shortly and approved a new mobile office and temporary septic
system. Because the first addendum was still in process, the requirements for the mobile
office were recorded with the first addendum (#107025555).
• The Jayker Subdivision preliminary plat (PP -06-058) was approved by Council on March 13,
2007. The preliminary plat consists of 277 residential lots, 1 commercial lot and 27 common
lots on 142.97 acres.
• In 2007, a third addendum to the DA was approved and recorded (#107141993) that realigned
the zoning district boundaries consistent with the approved preliminary plat.
• The City Council approved the final plat (FP -07-026) for this lot on October 26, 2007. Phase
1 platted with 140 residential lots and 21 common lots on 89.70 acres. The subject was
identified as one of the 21 common lots with this final plat.
• On December 18, 2009, an 18 -month administrative time extension (TE -09-022) was granted
to obtain City Engineer's signature on a final plat for phase two of the plat. As a condition of
the time extension, the DA was required to be amended to include building elevations.
• In 2010, a development agreement modification (MDA -10-004) was approved (#110059432)
that approved building elevations and a new concept plan that included a tennis facility as an
amenity within a common lot contingent on the platting of the property.
• In 2010, Council approved a final plat (FP -10-004) for Phase 2 of the Jayker Subdivision that
consists of two buildable lots and two common lots per the requirements of the amended DA.
The common lot included the approved tennis facility and the gated driveway that connects
Center Community Sub PP -14-005; MDA -14-006 PAGE 3
Exhibit A
the Spurwing Subdivision to the east.
• In 2010, Council approved a preliminary plat (PP -10-001) for Spurwing Greens Subdivision.
This subdivision re -platted portions of the original Jayker Subdivision.
• In 2011 and 2012 the Council approved multiple final plats related to both the Spurwing
Greens and Jayker Subdivisions.
Although there have been multiple different approvals and changes since the original
annexation this project is currently being marketed as the Spurwing Greens
Development and contains one homeowners association. Home owners in this
subdivision are all members of the Spurwing Country Club as part of their homeowners
association dues/privileges.
D. Utilities:
1. Location of sewer: Sanitary sewer service to this development will be accomplished by an
extension of an existing main located in N. Tree Haven Way at the subdivision's south
boundary.
2. Location of water: Domestic water service to this development is to be provided by United
Water of Idaho.
3. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: No canals or ditches traverse this sight. There is an existing pond
on the site that stores irrigation water for the subdivision.
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: This property does not lie within a floodplain or floodway.
VH. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is primarily designated Medium Density Residential (MDR) on the Comprehensive
Plan Future Land Use Map (a small portion is designated Mixed Use Community but the existing
roadway network and established zones in this area make MDR the more appropriate designation for
the purpose of this analysis). MDR areas are anticipated to contain between three and eight dwellings
per acre.
The proposed preliminary plat depicts a residential subdivision consisting of six (6) single-family
detached homes on 6.77 acres of land at a gross density of 0.88 dwelling units per acre. The plat also
depicts a pool facility that will serve the overall Spurwing Greens Subdivision, an existing pond, and
large common area lot encumbered by an ACHD drainage easement. If the pool, pond and ACHD
easement are removed from the density calculation the residential density of this site is 4.1 dwelling
units per acre which is well with the MDR density target.
The following objectives and goals from the Comprehensive Plan are applicable to the proposed
development:
"Phase in residential development in accordance with their connection to the municipal sewer and
water system." (3.04.01N)
Water service from United Water of Idaho, and city sewer services are available for hook -zip to
the proposed development.
Center Community Sub PP -14-005; MDA -14-006 PAGE 4
Exhibit A
"Permit new development only where urban services can be reasonably provided at the time of
final approval and development is contiguous to the City." (3.01.01F)
Water and sewer service are available to be extended to this site.
"Protect existing residential properties from incompatible land use development on adjacent
parcels." (3.06.01 F)
The proposed residential lots should be compatible with existing residential uses in the
surrounding area.
In summary, staff is of the opinion the proposed development is consistent with the MDR FLUM
designation for the property and is compatible with existing residential uses for the above -stated
reasons.
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to
provide for a range of housing opportunities consistent with the Meridian comprehensive plan.
Residential districts are distinguished by the allowable density of dwelling units per acre and
corresponding housing types that can be accommodated within the density range.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-7 lists the principal permitted
(P), accessory (A), conditional (C), and prohibited (-) uses in the R-15 zoning district. Any use
not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the property
for single-family dwellings is a principal permitted use in the R-15 zoning district.
C. Dimensional Standards: Development of the site should be consistent with the dimensional
standards listed in UDC Table 11-2A-7 for the R-15 zoning district.
D. Landscaping: Street buffer landscaping exists on this site and appears to comply with the
standards listed in UDC Table 11-2A-7 for the R-15 zoning district and UDC 11-313-7. Common
area landscaping is required in accord with the standards listed in UDC I 1-3G-3.
E. Off -Street Parking: Off-street parking is required in accord with UDC 11-3C-6 for single-family
dwellings and UDC 11 -3C -6B for the proposed community pool facility.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
Development Agreement Modification (MDA)
The original concept plan and subsequent modifications have all indicated a community center
would be located on the subject property to serve the residents of the Spurwing Greens
Subdivision. The details for this community center were outlined in both preliminary plat
approvals for this project and included a clubhouse, swimming pools, outdoor play areas, kitchen
and exercise facilities.
The applicant is requesting that the concept plan be modified to allow single family homes on this
lot and that the scale of the community center be reduced to include a pool and associated
restrooms/changing areas only. The applicant's justification for reducing the scale of this amenity
include:
1. All homeowners within the Spurwing Greens subdivision are mandatory members (paid
through their HOA dues) of the Spurwing Country Club and have access to the large
community center, pool, golf course and other amenities that exist with the club.
Center Community Sub PP -14-005; MDA -14-006 PAGE 5
Exhibit A
2. The applicants have already constructed a large tennis facility on the site that was not
required with the original approvals or anticipated in the concept plan.
3. The demographics of the neighborhood contain a high portion of retired two person
households that do not desire some of amenities originally planned for on this property.
4. In order to keep the HOA dues manageable the homeowners have indicated a more modest
pool would be appropriate at this location.
Staff has reviewed the overall open space and amenity package for the Spurwing Greens
Development including the information provided by the applicant above. Based on this analysis
staff is supportive of the applicants request to amend the DA (see Open Space and Site Amenity
section below for more information). The applicant's proposed changes to the approved concept
plan are included in Exhibit A.4. Additional staff recommends the following changes to the text
of DA:
Add a new DA provision 5.13: Developer is hereby permitted to construct six (6) single
family homes and a pool facility and related improvements within the area designated as
Community Recreation Center on the approved concept plan. The single family homes shall
be generally consistent with the conceptual building elevations submitted with this
application. The rear (or side) of structures on Lots 1- 6, Block 1 will incorporate articulation
through changes in materials, color, modulation, and architectural elements (horizontal and
vertical) to break up monotonous wall planes and roof lines.
Preliminary Plat (PP1
The proposed plat consisting of 6 building lots and 2 common/other lots on 6.77 acres of land in
the R-15 zoning district is consistent with the MDR future land use map designation for this
property (see analysis above in Section VII).
Existing Structures: The existing pump house is to remain on the common lot (Lot 8, block 1).
Dimensional Standards: Future development is required to comply with the dimensional
standards listed in UDC Table 11-2A-7 for the R-15 zoning district. The proposed lots comply
with these standards.
Access/Streets: Access for this subdivision is depicted on the preliminary plat via N Tree Haven
Way a local street. Direct lot access via N Tree Farm Way a collector street is not proposed or
approved.
Common Driveways: The proposed plat depicts a common driveway access for all of the
residential lots. Construction of the common driveways is required to comply with the standards
listed in UDC 11 -6C -3D. The proposed common driveway does exceed the 150' maximum, but
the applicant has received Fire Department approval (as allowed under UDC 11 -6C -3D) to
construct the turnaround as shown.
Ownership and maintenance responsibility for the common driveway should be indicated on the
face of the final plat. The setbacks, building envelope, and orientation of the lots and structures
on these lots are shown on the preliminary plat per UDC 1 I -6C -3D.7. Any modification to these
setbacks and building envelopes should be shown on an exhibit submitted with the final plat.
Pathways: There are no multi -rise pathways designated on the Master Pathways Plan for this site.
Sidewalks: Detached sidewalks and along N Tree Haven Way and N Tree Farm way exist on the
site.
Landscaping: A landscape plan was submitted with this application as shown in Exhibit A.4.
The majority of the site is already landscaped per UDC standards. The landscaping associated
Center Community Sub PP -14-005; MDA -14-006 PAGE 6
Exhibit A
with the parking areas and pool facility shall comply with UDC standards as verified during the
Certificate of Zoning Compliance process for the pool. The applicant is not proposing trees
within the parkway strips along N Tree Haven Way consistent with the overall landscape plan for
the Spurwing Greens Development. Without trees these parkways cannot be counted as open
space.
Existing healthy trees on the site are required to be protected during the development process in
accord with UDC 11-3B-10. The landscape plan submitted with the final plat should depict a
description of how existing trees to be retained are to be protected during construction. Any
severely damaged tree is required to be replaced in accord with UDC 11 -3B -10C.5.
Open Space & Site Amenities: Because this site is over 5 acres in size, the UDC (11-3G-3)
requires minimum open space and site amenities to be provided with development. This
development is a re -plat of a common lot within an existing subdivision. The original plat for this
subdivision contained 33.11 acres of open space or 32.42% of the project area. This re -plat
proposes to reduce the overall open space for the original project by 1.46 acres. Even with this
reduction the overall open space for this neighborhood is well above the current 10% UDC
requirement.
There are multiple existing site amenities in the overall project including: walking trails, large
grassy areas, multi -court tennis facilities, water features, and access to the amenities within the
Spurwing Country Club (pool, club house, restaurant, golf course) . Through this project the
applicant is proposing a community pool with associated changing rooms and restrooms. Staff is
comfortable with the overall amenity package.
Fencing: No fencing is proposed on the landscape plan. All fencing on this site shall comply with
UDC 11 3A-7. Fencing around the Community Pool shall be reviewed with a future CZC
application.
Building Elevations: Conceptual building elevations were submitted for the homes and pool
facility in this development as shown in Exhibit A.5. The proposed elevations represent the
anticipated size and style of structures to be constructed in this development and appear to
contain many features suggested in the Meridian Design Manual.
Single-family residential developments are not subject to design review. However, staff
recommends through a DA provision that the rear (or side) of structures on Lots 1- 6, Block I
incorporate articulation through changes in materials, color, modulation, and architectural
elements (horizontal and vertical) to break up monotonous wall planes and roof lines.
In summary, Staff recommends approval of the proposed development agreement modification
and prelitninary plat requests for this site with the recommended conditions listed in Exhibit B of
this report in accord with the findings contained in Exhibit C.
X. EXHIBITS
A. Drawings/Other
1. Vicinity/Zoning Map
2. Approved Tree Farm (Spurwing Greens) Concept Plan
3. Proposed Preliminary Plat & New Concept Plan
4. Proposed Landscape Plan
5. Conceptual Building Elevations
6. Recommended DA Provisions
Center Community Sub PP -14-005; MDA -14-006 PAGE 7
Exhibit A
B. Agency & Department Comments/Conditions
C. Required Findings from Unified Development Code
Center Community Sub PP -14-005; MDA -14-006 PAGE 8
Exhibit A
Exhibit A. Drawings/Other
Exhibit A.1: Vicinity/Zoning Map
Exhibit A
Page 1
Exhibit A
Exhibit A.2: Approved Tree Farm (Spurwing Greens) Concept Plan
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Exhibit A Page 1
Exhibit A
Exhibit A.3: Proposed Preliminary Plat and Concept Plan (dated: March 2014)
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Exhibit A Page 2
Exhibit A
Exhibit AA: Proposed Landscape Plan (dated: 3/12/14)
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Exhibit A Page 3
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Exhibit A
Exhibit A.6: Proposed Text Changes to the Development Agreement
• Update the findings (and findings reference) associated with the DA to reflect those
approved with the subject application.
• Section 5 —CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
Add a new DA provision 5.13: Developer is hereby permitted to construct six (6)
single family homes and a pool facility and related improvements within the area
designated as Community Recreation Center on the approved concept plan. The
single family homes and pool facility shall be generally consistent with the
conceptual building elevations submitted with this application. The rear (or side) of
structures on Lots 1- 6, Block 1 will incorporate articulation through changes in
materials, color, modulation, and architectural elements (horizontal and vertical) to
break up monotonous wall planes and roof lines.
Exhibit A
EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS
1. PLANNING DEPARTMENT
1.1 Site Specific Conditions of Approval
1.1.1 Future development shall comply with the dimensional standards listed in UDC Table 11-2A-7
for the R-15 zoning district.
1.1.2 The preliminary plat included in Exhibit A.3 shall be revised as follows:
a. Include the setbacks, building envelope, and orientation of the structures on Lots 1-6, Block 1
with the final plat application, per UDC 11 -6C -3D.7.
b. Include ownership and maintenance responsibility for Lot 7, Block 1 (Common Driveway) on
the face of the final plat or on a separate document to be recorded prior to the City Engineers
signature on the final plat.
1.1.3 All proposed and/or required fencing shall be consistent with the standards as set forth in UDC
11-3A-7. Fencing adjacent to pathways and interior common open space areas shall not exceed
four (4) feet in height if closed vision fencing is used or six (6) feet in height if open vision
fencing is used.
1.1.4 The common area and site amenities shall be provided as shown on the landscape plan.
1.1.5 The final plat(s) shall be consistent with the preliminary plat included in Exhibit A.3 as required
by UDC 11 -6B -3C.
1.1.6 The landscape plan submitted with the final plat shall be consistent with that shown in Exhibit
A.4.
1.1.7 Common driveways shall comply with the standards listed in UDC 11 -6C -3D in effect at the time
of final plat submittal. Based on Fire Department approval the driveway can exceed the 150'
maximum if constructed as shown on the preliminary plat.
1.1.8 The applicant shall receive CZC and Design review approval for the pool and restroom/changing
facilities.
1.2 General Conditions of Approval
1.2.1 Comply with all bulk, use, and development standards of the R-15 zoning district listed in UDC
Table 11-2A-7.
1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets.
1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set
forth in UDC 11-3A-6.
1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-
15, UDC 11-3B-6 and MCC 9-1-28.
1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-313-5J.
1.2.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6
for single-family dwellings.
1.2.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-313-
7C.
Exhibit A
1.2.9 Construct storm water integration facilities that meet the standards asset forth in UDC 11-313-
11C.
1.2.10 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3,
including but not limited to, common driveways, easements, blocks, street buffers, and mailbox
placement.
1.2.11 Protect any existing trees on the subject property that are greater than four -inch caliper and/or
mitigate for the loss of such trees as set forth in UDC 11-313-10.
1.2.12 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 11-313-6 and to install and maintain all landscaping as set forth
in UDC 11-313-5, UDC 11-313-13 and UDC 11-313-14.
1.3.2 All common open space and site amenities shall be maintained by the Spurwing Greens 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 and previous conditions of
approval associated with this site (AZ -06-044).
1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a
minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the
area.
1.3.5 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set
forth in UDC 11-3A-11.
1.3.6 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping
and constructed features within the clear vision triangle consistent with the standards in UDC 11-
3A-3.
1.4 Process Conditions of Approval
1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the
applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3
Article D and receive approval for such signs.
1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth
in UDC 11 -5C -3B. A surety agreement may be accepted for other improvements in accord with
UDC 11 -5C -3C.
1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary
plat as set forth in UDC 11 -6B -3C2.
1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two
years of the signature of the City Engineer on the previous final plat as set forth in UDC 11 -6B -
7B.
1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the
City Engineer signature on a final plat within two years or 2) obtain approval of a time extension
as set forth in UDC 11-613-7.
1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the
applicant shall provide a written certificate of completion as set forth in UDC 11-313-14A.
Exhibit A
2. PUBLIC WORKS DEPARTMENT
2.1 General Conditions of Approval
2.1.1 Applicant shall coordinate water and sewer main size and routing with the Public Works
Department, and execute standard forms of easements for any mains that are required to provide
service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover
from top of pipe to sub -grade is less than three feet than alternate materials shall be used in
conformance of City of Meridian Public Works Departments Standard Specifications.
2.1.2 Per Meridian City Code, the applicant shall be responsible to install sewer and water mains to and
through this development.
2.1.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of
way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a
single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but
rather dedicated outside the plat process using the City of Meridian's standard forms. The
easement shall be graphically depicted on the plat for reference purposes. Submit an executed
easement (on the form available from Public Works), a legal description prepared by an Idaho
Licensed Professional Land Surveyor, which must include the area of the easement (marked
EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for
review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO
NOT RECORD. Add a note to the plat referencing this document.
2.1.4 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 should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, a single -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
prior to receiving development plan approval.
2.1.5 All existing structures that are required to be removed shall be prior to signature on the final plat
by the City Engineer.
2.1.6 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.
2.1.7 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.
2.1.8 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.
2.1.9 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.
Exhibit A
2.1.10 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.
2.1.11 All development improvements, including but not limited to sewer and water, fencing, micro -
paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.1.12 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.
2.1.13 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.
2.1.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.1.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.1.16 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.1.17 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.
2.1.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3 -feet above the highest established peals groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least 1 -foot above.
2.1.19 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 ACED. 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.
2.1.20 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.
2.1.21 100 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.
2.1.22 The City of Meridian requires that the owner post to the City a performance surety in the amount
of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure
prior to final plat signature. This surety will be verified by a line item cost estimate provided by
the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Please contact Land Development Service for more information at 887-2211.
2.1.23 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 Set -vice for more information at 887-2211.
Exhibit A
3. POLICE DEPARTMENT
3.1 The applicant shall coordinate with the Police Department and Community Development
addressing specialist to develop an addressing plan for the homes accessed from the common
driveway. An addressing plan shall be submitted with the final plat application.
4. FIRE DEPARTMENT
4.1 The proposed project has no Fire Department concerns.
5. REPUBLIC SERVICES
5.1 Republic Services has not concerns with this application.
6. PARKS DEPARTMENT
6.1 The Parks Department has no comments on this application.
7. ADA COUNTY HIGIIWAY DISTRICT
See letter dated April 14, 2014
Exhibit A
C. Required Findings from Unified Development Code
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 Council 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.)
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 is not aware of any health, safety, or environmental problems associated
with the platting of this property. ACHD considers road safety issues in their analysis.
The Council considered the facts analysis and public testimony in determining 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 is unaware of any natural, scenic or historic features on this site. Therefore,
the Council finds that the proposed development will not result in the destruction, loss or
damage of any natural, scenic or historic feature(s) of major importance. The Council
considered all public testimony presented to determine whether or not the proposed
development may destroy or damage a natural or scenic feature(s) of major importance.