HomeMy WebLinkAboutSettlement Bridge Subdivision PP-03-041
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
CIC 02/24/04
CIC 03/09104
IN THE MATTER OF THE
REQUEST FOR PRELIMINARY
PLAT FOR SETTLEMENT BRIDGE
SUBDIVISION FOR 266
BUILDABLE LOTS AND 34
COMMON/OTHER LOTS ON 70.64
ACRES IN AN R-8 ZONE,
LOCATED ON THE EAST SIDE OF
LOCUST GROVE ROAD, AND ON
THE SOUTH SIDE OF McMILLAN
ROAD, IN SECTION 32,
TOWNSHIP 4 NORTH, RANGE 1
EAST, MERIDIAN, IDAHO
Case No. PP-03-041
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY
PLAT
BY: CAPITAL DEVELOPMENT,
INC., APPLICANT
The above entitled matter coming on regularly for public hearing before the City Council
on Febrnary 24, 2004 and continued until March 9, 2004, and Anna Powell Planning Director for
the Planning and Zoning Department, Brad Watson of the Pubic Works Department, Dave
Yorgason, and Gerald Clark, appeared and testified, and the City Council having received a
report ftom Craig Hood for the Planning and Zoning Department, and Bruce Freckleton,
Engineering Technician 1lI, and the City Council having received as part of the record of this
matter the recommendation to City Council of the Planning and Zoning Commission and the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SETTLEMENT BRIDGE SUBDIVISION I (pP-O3-041)
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applicant having submitted the preliminary plat "SETTLEMENT BRIDGE SUBDIVISION,
PRELIMINARY PLAT FEBRUARY 2004, JOB NO. 03-015-01, SHEET NO. I, LOCATED IN
THE NW1I4 OF SECTION 32, TAN., R.lE., B.M., ADA COUNTY,
J :\SETTLEMENT _BRIDGE_SUB ]REPLA T _0301501 \Drawings\MCMILLAN _LOCUST-
PREPLATRV.dwg 2/6/2004, REVISED PER MERIDIAN P&Z AND ACHD COMMENTS
BDG 1121/04, HANDWRITTEN DATE: 2-6-2004, STAMPED: RECEIVED FEB -9 2004 CITY
OF MERIDIAN CITY CLERK OFFICE, JOHN & JEANNE D. TOLK & LYNNE SASSO
TOLK - OWNERS OF RECORD, CAPITAL DEVELOPMENT - DEVELOPER, WARDLE &
ASSOCIATES - PLANNERICONT ACT", Capital Development, Inc., Developer, submitted for
preliminary plat approval and which preliminary plat for approval application is herein received
and adjudged by the City Council pursuant to Meridian City Code § 12-3-3. Therefore the City
Council makes the following findings:
FINDINGS OF FACT
1.
That the proposed development is in conformance with the Amended
Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in
the Meridian Comprehensive Plan Generalized Land Use Map, Inftastructure Planning Analysis
Amended Comprehensive Plan Map, adopted August 6, 2002, Resolution No. 02-382, and the
property is presently zoned RUT by Ada County, however, an application for annexation and
zoning to R-8 is before the Council, and requires connection to the Municipal Water and Sewer
System. [Meridian City Code § 11-7-2 D]
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SETTLEMENT BRIDGE SUBDIVISION I (pP-O3-04l)
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2.
In Chapter VII of the Comprehensive Plan, "medium density" is defined as areas
including single-family homes at densities ofthree to eight dwelling units per acre. It is found
that the proposed single-family residential subdivision, with a gross density of 3.7 dwelling units
per acre (net 4.9 dwelling units per acre), is harmonious with and in accordance with the 2002
Comprehensive Plan and Future Land Use Map, which designates the land to be "Medium
Density Residential". The preliminary plat is in conformance with the Amended Comprehensive
Plan City of Meridian adopted August 6,2002, Resolution No. 02-382. The proposed
subdivision meets goals ofthe Comprehensive Plan through the following: 3 tot lotlactivityareas
that are linked by a linear open space system, over 7 acres of open space (over 10%), and the
construction of a portion of the "Meridian Loop" pathway system abutting the North Slough.
Further, the applicant is proposing to preserve a portion of the landscaping, or grove area,
surrounding the existing farm house.
3.
It is determined that Urban Services can be made available to accommodate the
proposed development, with the exception of the water supply. The Meridian Fire Department
submitted a list of conditions and needs, and which list is addressed in the conditions under 2.D.
hereinbelow. Additionally, water and sanitary sewer service are proposed to be extended ftom
existing main lines adjacent to the proposed development. The Public Works Department has
determined that an additional water supply well is needed in this vicinity. Discussions are
ongoing with the developer for a site within the subdivision for a new well. The developer has
indicated to staff that it may be possible to locate the well within the "Grove" common area. The
developer and staff ftom the Public Works Department continue to work on locating the well
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDmONAL APPROVAL OF PRELIMINARY PLAT
SETILEMENT BRIDGE SUBDIVISION I (pP-O3-04l)
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site. The ACHD staff recommends, with site-specific and standard conditions, approval of the
subject development. Review of the ACHD report for this project will provide additional
information.
4.
The proposed development is a continuity of the proposed development within the
City's Capital Improvement Program if a municipal well site can be acquired. The Capital
Improvement Plan indicates that a well be located within this area.
5.
The development if built in accordance with the conditions and as proposed, will
not create health, safety or environmental problems and there have been no specifics of any such
concerns brought to the Council's attention. The City and its related services are capable of
servicing the proposed development. The development will not require major expenditures for
providing supporting services. ACHD considers road safety issues in their analysis; no
hazardous natural features have been identified on the site.
6.
It is found that the Recommendation To City Council of the Planning and Zoning
Commission is reasonable and appropriate for the conditions of approval of the preliminary plat
as hereinafter set forth.
7.
The applicant has submitted for consideration of this approval drawing of the
preliminary plat "SETTLEMENT BRIDGE SUBDIVISION, PRELIMINARY PLAT
FEBRUARY 2004, JOB NO. 03-015-01, SHEET NO. I, LOCATED IN THE NW1I4 OF
SECTION 32, TAN., R.lE., B.M., ADA COUNTY,
J:\SETTLEMENT _BRIDGE_SUB ]REPLA T _0301501 \Drawings\MCMILLAN _LOCUST-
PREPLATRV.dwg 2/6/2004, REVISED PER MERIDIAN P&Z AND ACHD COMMENTS
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SETTLEMENT BRIDGE SUBDIVISION I (PP-O3-041)
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BDG 1/21/04, HANDWRITTEN DATE: 2-6-2004, STAMPED: RECEIVED FEB -9 2004 CITY
OF MERIDIAN CITY CLERK OFFICE, JOHN & JEANNE D. TOLK & LYNNE SASSO
TOLK - OWNERS OF RECORD, CAPITAL DEVELOPMENT - DEVELOPER, WARDLE &
ASSOCIATES - PLANNER/CONTACT".
8.
The North Slough bisects the subject property and is a feature that will need to be
protected.
9.
The City Council recognizes the letter of concern ftom Darrell W. Brock dated
February 3,2004.
10.
Currently, there is an inadequate water supply for the proposed project.
11.
A well site in Westborough Subdivision, \4-mile south of Chin den on the west
side of Locust Grove has been secured, and development of the well has begun. If the well
proves acceptable, both as to quality and quantity of water, the well will satisfy the water
demands for this project.
12.
The Public Works Department provided two alternatives for supplying water to
the proposed project, and said options are noted as follows:
1.
Construction of an additional well in the high-pressure zone.
2.
Routing water supply ftom the low-pressure zone to the high-pressure
zone by pipeline and pressure-reducing valve station(s).
The City would maintain control of the design, plans, and construction of
the improvements. If other projects in the high-pressure zone north of
Ustick Road benefit ftom this method and if Capital Development
reimburses the City for this expense, it is recommended that Capital
Development be eligible for a latecomers agreement. Public Works shall
determine which improvements shall be made. Any required
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SETTLEMENT BRIDGE SUBDMSION I (pP-O3-04l)
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reimbursement must be paid prior to signature on the final plat.
13.
The developer has agreed to reimburse the City for the cost of option #2
hereinabove, if this option is selected by the City.
14.
Imposing a non-build agreement upon the development will provide the security
to the City until such time as the water is available, and the non-build agreement will not be
released until all facilities required meet the fire protection requirements and are operational.
DECISION AND ORDER
Pursuant to the City Council's authority as provided in Meridian City Code § 12"3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted:
IT IS HEREBY ORDERED AND THIS DOES ORDER
1.
The Preliminary Plat ofthe applicant as evidenced by having submitted the
preliminary plat "SETTLEMENT BRIDGE SUBDIVISION, PRELIMINARY PLAT
FEBRUARY 2004, JOB NO. 03-015-01, SHEET NO. I, LOCATED IN THE NW1I4 OF
SECTION 32, TAN., R.1E., B.M., ADA COUNTY,
J:\SETTLEMENT _BRIDGE_SUB ]REPLA T _0301501 \Drawings\MCMILLAN _LOCUST-
PREPLATRV.dwg 2/6/2004, REVISED PER MERIDIAN P&Z AND ACHD COMMENTS
BDG 1121/04, HANDWRITTEN DATE: 2-6-2004, STAMPED: RECEIVED FEB -92004
CITY OF MERIDIAN CITY CLERK OFFICE, JOHN & JEANNE D. TOLK & LYNNE
SASSO TOLK - OWNERS OF RECORD, CAPITAL DEVELOPMENT - DEVELOPER,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SETTLEMENT BRIDGE SUBDIVISION I (pP-O3-04I)
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WARDLE & ASSOCIATES - PLANNER/CONTACT", Capital Development, Inc., Developer
is hereby conditionally approved; and
2.
The conditions of approval are as follows to-wit:
A.
Adopt the Special Recommendations of the Planning and Zoning Commission as
follows:
1. Add a sentence to Site Specific Condition #4 on page 15 stating that along
Locust Grove Road, the portion with ftontage on the road, the applicant shall
construct landscaping with sidewalk. For the portion where a section is actually
owned by Idaho Power, they will construct a portion of the landscape buffer
without the sidewalk.
2. Delete the last sentence of Site Specific Condition #5 on page 15, and add a
sentence to the end of the condition that reads: "Similar treatment shall be given
to the lots around the northwest corner of Stampede A venue when the two
sections of Stampede are connected as required."
3. Modify Site Specific Condition #12 to include the following sentence at the end
of the second bullet item: "If an agreement cannot be reached with SID, then an
alternative method of compliance can be approved at staff level with Meridian
City P & Z staff."
4. Modify Site Specific Condition #14 to read: "If any buildable lots are located
within the Settlers Irrigation District Easement, the applicant shall be required to
submit a copy of an encroachment agreement prior to the City Engineer signature
on the final plat."
5. Add a sentence to end of Site Specific Condition #15 stating: "The Applicant
may apply to the City Council for offset of these fees against a municipal well
site in The Grove."
6. Modify Site Specific Condition #16 to read: "Sanitary sewer service to this
subdivision shall be via a main trunk extension to the existing Ú:mporary sewage
lift station in the Vienna Woods Subdivision. The Applicant will be responsible
to construct the sewer and water mains within this proposed development.
Subdivision designer to coordinate main sizing and routing with the Public
Works Department. Applicant shall execute City of Meridian standard forms of
easements, for any mains that are required to provide service."
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SETTLEMENT BRIDGE SUBDIVISION I (pP-O3-O4J)
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7. Modify Site Specific Condition #17 to read: "Municipal water to this site shall be
via extensions ftom existing mains in N. Locust Grove and E. McMillan Road.
The Applicant will be responsible to construct the sewer and water mains within
this proposed development. Subdivision designer to coordinate main sizing and
routing with the Public Works Department. Applicant shall execute City of
Meridian standard forms of easements, for any mains that are required to provide
service.
8. Modify Site Specific Condition #18 so that the first sentence reads: "A detailed
fencing plan shall be submitted ten days prior to the next hearing, identifying the
material to be used."
9. Modify the second sentence of Site Specific Condition #18 to delete the word
"solid".
10. Modify Site Specific Condition #21 by deleting "(shown as Phase 3 on the
preliminary plat)".
11. Add Site Specific Condition #24 that says: "Any cul-de-sac without a turnaround
shall be changed to a private street in accordance with Meridian codes."
12. Add Site Specific Condition #25 that says: "Until such time as additional water
supply can be supplied in the vicinity, the city will not sign Final Plat for any
phase of this development"
B.
Adopt the Comments and Recommendations of the Meridian Planning & Zoning
and Engineering Departments as follows:
SITE SPECIFIC COMMENTS-PRELIMINARY PLAT
1. All conditions of the accompanying Annexation/Zoning (AZ-03-035) and
Conditional Use Permit (CUP-03-065) application shall also be considered
conditions of the Preliminary Plat (PP-03-04I).
2. Construct a 40-foot wide landscape bufferlcommon lot along McMillan Road, west
of Schumann Avenue. The Applicant shall plant shrubs within the portion of the
required street buffer on McMillan Road that also has an irrigation easement (south
of the North Slough). Any future right-of way shall be located on a separate
common lot. Within the 40-foot wide landscape bufferlcommon lot, the Applicant
shall be allowed to include the North Slough and a I O-foot wide multi-use pathway,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDmONAL APPROVAL OF PRELlM:rNARY PLAT
SETTLEMENT BRIDGE SUBDIVISION I (pP-O3-04I)
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in lieu of a concrete sidewalk, as proposed. Coordinate the design of the western
terminus of the multi-use pathway with the developer of Sheridan Place
Subdivision, who is expected to construct a pedestrian path adjacent to the Idaho
Power substation site.
3. Revise the submitted preliminary plat to show a minimum 35-foot wide landscape
bufferlcommon lot, east of Schumann Avenue. In the buffer area east of Schumann
Avenue the Applicant shall be allowed to construct the sidewalk, with the remaining
30 feet ofthe landscape buffer being constructed in accordance with MCC 12-13-
10-6. Any future right-of way shall be located on a separate common lot.
4. Construct a minimum 25-foot wide landscape bufferlcommon lot along Locust
Grove Road (proposed as 35-feet wide). Said landscape buffer shall be located
beyond any future street right-of-way, as proposed. Construct the landscape
buffer on Locust Grove Road, north of Trinity Springs Drive as shown on the
submitted landscape plan. Along Locust Grove Road, the portion with ftontage
on the road, the applicant shall construct landscaping with sidewalk. For the
portion where a section is actually owned by Idaho Power, they will construct a
portion of the landscape buffer without the sidewalk.
5. Lots 53 and 54, Block 1, and Lots 34 and 35, Block 2, shall utilize common
driveways. PerMCC 11-9-1, ftontage for Lots 53 and 54, Block I, and Lots 34 and
35, Block 2, may be reduced to 15 feet (minimum). Said eO-OR ¡Jriyeway shaill3e
eeRstmeted a mini- ef I {j feet wide, with gra'¡e! and a~phaltie tJ0Rerete JaviRg
as eutliaeli iR Meriài8H City Celie 12 1 11. Similar treatment shall be given to the
lots around the northwest corner of Stampede A venue when the two sections of
Stampede are connected as required.
6. In accordance with Meridian City Code l2-4-2.E, the Applicant shall align the
unnamed cul-de-sac roadway in Block 3 with Mendelson Avenue or Aberdeen
Place.
7. Construct Trinity Springs Street as a stub street to the parcel to the east (Parcel No.
S053213I2I4) as proposed.
8. With the submittal of the final plat application, the Applicant shall submit a copy of
the Ada County Street Name Committee's final approval letter for the street names,
subdivision name, and lot and block numbering. Make any other corrections
necessary to conform.
9. Connect Territory Court and Stampede Place to each other, to form a connected
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SETTLEMENT BRIDGE SUBDIVISION I (pP-O3-04I)
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street system.
10. A note should be placed on the face of the final plates) stating the purpose of the
proposed typical landscape easements (near street intersections), and who is
responsible for the maintenance of said easements.
11. There shall be an adopted plan of how to protect the grove trees during demolition
of the farm house and new construction near the grove, including Swift Water Drive
and the park Lot 7, Block 3. There shall be tree protection zones established and
fenced before demolition begins. The Applicant shall work with the City Arborist,
Elroy Huff, on designing, adopting, and implementing a protection plan for the
grove trees prior to submitting a final plat for the area in Phase 5.
12. The submitted landscape plan prepared by The Land Group, Inc., and dated 1-11-03
shall be modified to reflect the following:
. Street buffers along McMillan Road shall be modified in accordance with
Site Specific Conditions #2 and #3 above.
. Modify Lot 51, Block 2, to include shrubs andlor other approved
vegetative materials within the 40-foot wide common lot for the North
Slough/street buffer. Coordinate plant materials with Settlers Irrigation
District (SID). A license agreement may be required with SID for
landscape materials within their easement. If an agreement cannot be
reached with SID, then an alternative method of compliance can be
approved at staff level with Meridian City P & Z staff.
. Modify the plan to show a 10-foot wide gravel shoulder along McMillan
Road (MCC 12-13-10-9). The remainder of the unimproved right-of-way
shall be landscaped with grasslsod, as proposed. A license agreement
ftom ACHD for landscaping within the right-of-way will be required.
. Add two (2) trees to the street buffer along Locust Grove Road (14 trees
total required, 12 shown), south of Trinity Springs Drive. Said trees shall be
included in the publication titled Tree Selection Guide for Streets and
Landscape Throughout Idaho (MCC 12-13-7-1).
. Remove the proposed 5-foot vinyl fence where the clear vision triangle
should be at the intersection of Locust Grove Road and Trinity Springs
Drive.
. Any tree over 4" in caliper that is removed ftom the property shall be
replaced by installing additional trees, being the equivalent number of
caliper inches of trees that were removed. Required landscaping trees will
not be considered as replacement trees for those trees that are removed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SETTLEMENT BRIDGE SUBDIVISION I (pP-O3-O4I)
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. All micropaths/pathways within the proposed subdivision shall be designed
in accordance withMCC 12-13-15 "MicropathLandscaping" andMCC 12-
4-3 "Pedestrian Walkways." Micropath fencing shall beshownperMCC 12-
13-15-9.
Submit 10 copies of a revised landscape plan, depicting the above-mentioned
changes, to the City Clerk.
13. Except for the North Slough (aka Settlers Canal), 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 City Ordinance 12-4-13.
Plans will need to 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, plans will be reviewed and approved by the Meridian City
Engineer prior to final plat signature.
14. Prier te submittal ef a fiRaI plat, sl:làmit a Be!!)' ef lIB eIlBroaehmeflt agreemBBt
-,yith8eftlefS lffigatiOH DisæiBt for the perlieR efthe lmilàaÐle lets iR Bloak 2
that eRereaefl iIHe the þlertfl 8106gB. eas6lReRt. If any buildable lots are located
within the Settlers Irrigation District Easement, the applicant shall be required to
submit a copy of an encroachment agreement prior to the City Engineer signature
on the final plat.
15. The Applicant has indicated that the pressurized irrigation system within this
development is to be owned and operated by the Settlement Bridge HOA.
Underground year-round pressurized irrigation must be provided to all lots
within this development (MCC I2-5-2.N). The City of Meridian requires that
pressurized irrigation systems be supplied by a year-round source of water (MCC
12-13-8.3). The Applicant shall be required to utilize 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 shall be responsible for the payment of
assessments for the common areas prior to signature on the final plat by the City
Engineer. A draft copy of the pressurized irrigation system O&M manual must be
submitted prior to development plan approval. The Applicant may apply to the
City Council for offset of these fees against a municipal well site in The Grove.
16. Sanitary sewer service to this subdivision shall be via a main trunk extension to the
existing temporary sewage lift station in the Vienna Woods Subdivision. The
Applicant will be responsible to construct the sewer and water mains to 8flà ilir-ougll
within this proposed development, thereày m:akÍflg them available to acljaÐeflt
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SETTLEMENT BRIDGE SUBDIVISION I (pP-O3-04I)
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prol"ertiøs. Subdivision designer to coordinate main sizing and routing with the
Public Works Department. Applicant shall execute City of Meridian standard forms
of easements, for any mains that are required to provide service.
17. Municipal water to this site shall be via extensions ftom existing mains inN. Locust
Grove and E. McMillan Road. The Applicant will be responsible to construct the
sewer and water mains to ai'lIl through within this proposed development,.tfieFel¡y
malåag them a'¡ailaàle te adjaeøHt prel"lJrties. Subdivision designer to coordinate
main sizing and routing with the Public Works Department. Applicant shall execute
City of Meridian standard forms of easements, for any mains that are required to
provide service.
18. f. detailed fufteÏßg plaa sHall be suBfIlit{ed IifIOf!IIfIl"licatioR of the awl plat
(MCC 12 4 I9.FJ). A detailed fencing plan shall be submitted identifying the
material to be used. A 6-foot seliè- fence shall be required around the perimeter of
the subdivision unless the City agrees in writing that such a fence is not required.
All fencing shall be installed in accordance with MCC 12-4-10.
19. Revise plat note #10 to include the proposed minimum house sizes for the attached
dwelling units. Dwelling units on the attached lots shall be a minimum of 1 ,200 feet,
exclusive of the garage, as proposed.
20. Maintenance of all common areas shall be the responsibility of the Settlement
Bridge HOA.
21. A permanent pedestrian easement, in favor of the City of Meridian, shall be
recorded for the North Slough pedestrian pathway prior to the final plat being
recorded/first building permit being issued for the applicable phase (sflO':Æ as PHase
3 Of! tbe fJfelimiftB£Y plat).
22. Direct lot access to McMillan Road and Locust Grove Road is prohibited unless
approved by ACHD and the City of Meridian. A note shall be placed on the final
plat restricting access to McMillan Road and Locust Grove Road.
23. Submit 10 copies of a revised preliminary plat that depicts the above-mentioned
changes to the City Clerk.
24. Any cul-de-sac without a turnaround shall be changed to a private street in
accordance with Meridian codes.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SETTLEMENT BRIDGE SUBDIVISION I (pP-O3-O4I)
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25. Until such time as additional water supply can be supplied in the vicinity, the city
will not sign Final Plat for any phase of this development. (See action of the Council
ftom their March 9,2004 meeting in - hereinbelow.)
GENERAL REOUIREMENTS-PRELIMINARY PLAT
1. Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
2. Prior to signature of the final plates) by the City Engineer, a letter of credit or cash
surety in the amount of 110% will be required for all fencing, landscaping,
pressurized irrigation, sanitary sewer, water, etc. that has not been completed.
3. A detailed landscape plan, in compliance with the Landscape Ordinance, shall be
submitted for the subdivision with the final plates) application.
4. All sidewalks shall be constructed in accordance with MCC I2-5-2.K. Prior to
signature of the final plates), all sidewalks shall be constructed or a financial
guarantee that said improvements will be completed shall be provided (MCC 12-5-
3).
5. Streetlights will be required at locations designated by the Public Works
Department. All streetlights shall be installed at subdivider's expense. Typical
locations are at street intersections andlor fire hydrants. Final design locations and
quantity are determined after power designs are completed by Idaho Power
Company. The street light contractor shall obtain design and permit ftom the Public
Works Department prior commencing installations.
6. Please submit all updated groundwaterlsoils monitoring data to the Public Works
Department for review. Any drainage areas (detention/retention basins) must be
designed to ensure that water is retained only during 100-year storm events, and for
a period of time not to exceed 24 hours. Side slopes within drainage areas shall not
exceed 3:1. Any portion of a drainage area not improved with sod/grass seed (or
other approved landscaping) shall not count towards the required open space area.
The project engineer should pay close attention to the results of field studies
determining the groundwater, soil type & and characteristics during the design and
construction phases. The engineer shall be required to certify that the street
centerline elevations are set a minimum of 3-feet above the highest established
normal groundwater elevation. This is to ensure that the bottom elevation of the
crawl spaces of homes is at least I-foot above groundwater.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SETTLEMENT BRIDGE SUBDIVISION I (pP-O3-O4I)
13 0[24
7. Developer shall coordinate mailbox locations with the Meridian Post Office.
8. Any existing domestic wells and/or septic systems within this project will have to be
removed ftom their domestic service per City Ordinance Section 9-1-4 and 9-4-8.
Wells maybe used for non-domestic purposes such as landscape irrigation.
9. Compaction test results must be submitted to the Meridian Building Department for
all building pads receiving engineered backfill, where footing would sit atop fill
material.
10. Staff's failure to cite specific ordinance provisions or terms of the approved
annexation/conditional use does not relieve the Applicant of responsibility for
compliance.
II. Preliminary plat approval shall be subject to the expiration provisions set forth in
MCC 12-2-4.
C.
Adopt the Recommendations of ACHD as follows:
Site Specific Conditions of Approval
1. Dedicate 48-feet of right-of-way ftom the centerline of McMillan Road abutting
the parcel by means of a warranty deed. The right-of-way purchase and sale
agreement and deed must be completed and signed by the applicant prior to
scheduling the final plat for signature by the ACHD Commission or prior to
issuance of a building permit (or other required permits), whichever occurs first.
Allow up to 30 business days to process the right-of-way dedication after receipt
of all requested material. The owner will be paid the fair market value of the
right-of-way dedicated which is an addition to existing ACHD right-of-way ifthe
owner submits a letter of application to the impact fee administrator prior to
breaking ground, in accordance with the ACHD Ordinance in effect at that time
(currently Ordinance #198), iffunds are available.
OR
Dedicate 38-feet of right-of-way ftom the centerline of McMillan Road abutting
the parcel by means of a warranty deed. The right-of-way purchase and sale
agreement and deed must be completed and signed by the applicant prior to
scheduling the final plat for signature by the ACHD Commission or prior to
issuance of a building permit (or other required permits), whichever occurs fITst.
Allow up to 30 business days to process the right-of-way dedication after receipt
of all requested material. The owner will be paid the fair market value of the
right-of-way dedicated which is an addition to existing ACHD right-of-way ifthe
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SETTLEMENT BRIDGE SUBDIVISION I (pP-O3-04I)
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owner submits a letter of application to the impact fee administrator prior to
breaking ground, in accordance with the ACHD Ordinance in effect at that time
(currently Ordinance #198), if funds are available.
2. Construct a 10-foot asphalt pathway on McMillan Road in lieu of constructing a
5-foot concrete sidewalk if the pathway is maintained by the homeowners
Association. Construct the pathway to be located a minimum of 4l-feet ftom the
centerline of McMillan Road.
OR
Construct a 5-foot concrete sidewalk on McMillan Road located a minimum of
4I-feet ftom the centerline of McMillan Road. If the sidewalk should meander
outside of the right-of-way, the applicant should provide the District with an
easement for the sidewalk.
3. The applicant shall do one of the following:
a. Dedicate by donation a total of 35-feet of right-of-way along Locust Grove
Road, and construct a minimum 5-foot wide concrete sidewalk along Locust
Grove Road, located a minimum of28-feet ftom the centerline of the right-of-
way.
b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide
concrete sidewalk along Locust Grove Road, located a minimum of 28- feet ftom
the centerline of the right-of-way, in an easement provided to the District.
c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide
concrete sidewalk along Locust Grove Road, located at the back edge ofthe
existing right-of-way. Accomplish all necessary adjustments to properly
accommodate existing drainage and utilities.
4. Construct a main entrance (North Schumann Avenue) to intersect McMillan
Road approximately I,OOO-feet west of the east property line and align with
Schumann Avenue, as proposed.
5. Construct a main entrance (East Trinity Springs Drive) to intersect Locust Grove
Road approximately 5I5-feet north of the south property line, as proposed.
6. Construct a stub street (East Trinity Springs Street) to the east property line
approximately 400- feet north of the south property line, as proposed. Install a
sign at the terminus of the stub street stating that, "THIS ROAD WILL BE
EXTENDED IN THE FUTURE".
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7. Construct a stub street to the 6.64-acre site that is located directly to the east at
this time with the ability for the site specific requirement to be removed in the
future, IF:
The 6.64-acre site to the east submits a development application before this
phase of Settlement Bridge Subdivision is final platted
AND
The 6.64-acre site has connectivity and access as required by District policy.
8. Construct North Schumann Avenue (ftom McMillan Road to North Trail Blazer
Drive) and East Trinity Springs Drive (ftom Locust Grove Road to 240-feet east
of North Bach Way) as a 36-foot street section with vertical curb, gutter and 5-
foot concrete sidewalks on both sides of the roadway within 50-feet of right- of-
way.
9. Construct North Sharp Shooter Court, East Territory Court and North Stampede
Place as a 29-foot street section within 42-feet of right-of-way, as proposed.
Adequately sign the roadway to prohibit parking on one side. Submit a copy of
the signage plan to District staff for review and approval.
10. Construct East Red Rock Court (east of East Sidewinder Drive), North
Pathfinder Place (north of East Red Rock Drive), North Aberdeen Place (south of
North Trail Blazer Drive), North Mendelson Avenue (north of North Trail Blazer
Drive), Mountain Man Way, the cul-de-sac on Trinity Springs Drive between
Schubert Avenue and Expedition Way, North Schubert Avenue (north and south
of East Trinity Springs Drive), East Swift Water Street (between North Schubert
Avenue and North Mountain Man Way), East Swift Water Street (east of
Schumann Avenue) and North Pier Place as 33-foot street sections with rolled
curb, gutter and 5-foot attached concrete sidewalks on both sides of the roadway
within 50-feet of right-of-way, as proposed.
11. Construct the remaining internal roadways as 36-foot street sections with rolled
curb, gutter and 5-foot attached concrete sidewalks within 50-feet of right- of-
way, as proposed.
12. Construct seven cul-de-sac turnarounds with islands within the turnarounds, as
proposed. Provide a minimum turning radius of 45-feet in each turnaround.
Provide a minimum of a 29-foot street section on either side of any proposed
center islands within the turnarounds. Construct the islandslmedians to be
constructed a minimum of 4- feet wide to total a minimum of a IOO-square foot
area.
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13. Construct an approved turnaround at the terminus of North Sharp Shooter Court
OR
Construct these proposed roadways as private streets or common driveways with
the review and approval of the City of Meridian.
14. Construct an approved turnaround at the terminus of East Territory Street
OR
Construct these proposed roadways as private streets or common driveways with
the review and approval of the City of Meridian.
15. Construct an approved turnaround at the terminus of East Swift Water Drive
OR
Construct these proposed roadways as private streets or common driveways with
the review and approval of the City of Meridian
16. Construct the island/median within North Schumann Avenue to match the island
on the north side of McMillan at the intersection of North Schumann Avenue and
McMillan Road. (The island should be approximately 1 0- feet in width at the
throat ofthe street and can enlarge as they enter the subdivision).
17. Construct the island/median within East Trinity Springs Drive to be a maximum
width of 10- feet at the intersection of Locust Grove Road. (The island should be
approximately lO-feet in width at the throat of the street and can enlarge as they
enter the subdivision).
18. Any proposed landscape islandslmedians within the public right-of-way
dedicated by this plat are required to be owned and maintained by a homeowners
association. Construct the islandslmedians to be a minimum of 4-feet wide to
total a minimum of a IOO-square foot area.
19. Construct a left-turn lane on McMillan Road at the intersection of Shumann
Avenue and McMillan Road, as described in the submitted traffic impact study.
Coordinate the design of the taper with District staff.
20. Construct a left-turn bay on Schumann A venue at the intersection of Shumann
Avenue and McMillan Road, as described in the submitted traffic impact study.
Coordinate the design of the taper with District staff.
21. Other than the access points that have specifically been approved with this
application, direct lot access to McMillan Road and Locust Grove Road is
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prohibited. Notes of this access restriction will be required to be noted on the
final plat.
22. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street ftontages abutting the
site shall be borne by the developer.
3. 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.
4. 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.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State ofIdaho shall
prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required
design changes.
7. Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8. Payment of applicable road impact fees are required prior to building
construction in accordance with Ordinance #198, also known as Ada County
Highway District Road Impact Fee Ordinance.
9. It is the responsibility ofthe applicant to verify all existing utilities within the
right-of-way. The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE (1-
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SETTLEMENT BRIDGE SUBDIVISION I (pP-O3-04l)
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800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County Highway
District. The burden shall be upon the applicant to obtain written confirmation of
any change ftom the Ada County Highway District.
11. Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force
at the time the applicant or its successors in interest advises the Highway District
of its intent to change the planned use of the subject property unless a
waiverlvariance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
D.
Adopt the Meridian Fire Department Recommendations as follows:
1. That a fire-flow as required by the International Fire Code is provided to service the
entire project. Fire hydrants shall be placed an average of 350' apart.
2. Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
3. Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
4. The phasing plan may require that any roadway greater than 150' in length
that is not provided with an outlet shall be required to have a turn around.
5. All entrances and internal roads shall have a turning radius of 28' inside and 48'
outside.
6. Operational fire hydrants and temporary or permanent street signs are required
before combustible construction begins.
7. No vertical obstructions or mature landscaping which obstructions the outlets of the
fire hydrant within 10'.
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8. All fire lanes shall have a clear driving surface which is 20' wide available at all
times.
9. The Meridian Fire Department would like to request that N. Pier PI. be connected to
E. McMillan Rd. Streets longer that 750' require special approval according to the
2000 International Fire Code Appendix D. The Meridian Fire Department would
accept an emergency access on the north end ofN. Pier Place where the access for
the sewer easement will be built. Barricades at this access will need to be approved
by Meridian Fire Department and the Meridian Public Works Department.
10. The following areas shall have red curbs Block 4 Lots 12, 13, 14, 15,35,36,37,38,
39,40, Block 5 Lot 16, 17, 18, 19,20,21, Block 6 4, 5, 6, 7, 8, Block 1, Lot 30 thru
36, Block 6 Lots 46 thru 50, 39 thru 43.
11. Recommend connecting Territory & Stampede to prevent blocking of the roadway
due to limited parking.
12. Parking shall be limited to one side on all 29' wide street sections.
E.
Adopt the RecommendationslComments of Joint School District No.2 as follows:
1. The Meridian School District has experienced phenomenal student growth the last ten
years. The high schools, middle schools, and elementary schools throughout the district are
operating over capacity.
2. Approval of Settlement Subdivision will have a significant impact on school enrollments
at Discovery Elementary, Lowell Scott Middle, and Eagle High School.
3. We can predict that these homes, when completed, will house eight-five (85) elementary
aged children, sixty-five (65) middle school aged children, and forty-seven (47) senior
high aged students. Additional students will further compound the current overcrowded
situation.
4. School capacity is addressed in Idaho Code 67-6508. The Meridian School District is
currently operating beyond capacity. Future development will continue to have an impact
on the district's capacity.
F.
Adopt the Recommendations of the Central District Health Department as
follows:
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1. This proposal can be approved for central sewage & central water after written
approval ftom appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of
Environmental Quality.
3. Run-off is not to create a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
5. The Engineers and architects involved with the design of the subject project shall
obtain current best management practices for stormwater disposal and design a
stormwater management system that prevents groundwater and surface water
degradation.
G.
Adopt the Recommendations of Settlers' Irrigation District as follows:
I. All irrigation/drainage facilities along with their easements must be protected and
continue to function. The facility involved is the North Slough (Settlers Canal).
2. A Land Use Change Application must be on file prior to any approvals.
3. A license agreement MUST be signed and recorded prior to construction of any
S.LD. facilities.
4. Any changes to the existing irrigation system such as relocation, tiling, and
landscaping must be approved by Settlers Irrigation District.
5. All storm drainage must be retained on-site.
6. The development must supply irrigation access to all lots within the above-
mentioned subdivision. If the developer wishes to have Settlers Irrigation District
own, operate, and maintain the pressure irrigation system an agreement needs to
be in place prior to the pre-construction meeting.
7. According to the plans there is a pedestrian pathway located next to the Settlers
Canal. The canal in this area is extremely dangerous, especially to children,
because of high water velocity, and flows. SID does not recommend placing this
pathway next to the canal for safety reasons. However, if the pathway must be
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SETTLEMENT BRIDGE SUBDIVISION I (PP-O3-04I)
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placed within SID's easements the district will require a license agreement ftom
the developer and/or who ever shall have ownership of the pathway. The
agreement will address liability issues, as well as the operation and maintenance
of the canal system.
H.
Adopt the Recommendations of the Meridian Parks Department as follows:
1. Construct pathway (Meridian Loop) according to current published pathway
standards.
I.
Adopt the action of the City Council taken at their March 9, 2004 meeting as
follows:
For Clarification:
1. Pertaining to the waste ditch, this ditch shall be leveled with a slight elevation for
the future subdivision lots within the Settlement Bridge Subdivision so that the
neighboring property's water will not flow onto the lots within the subdivision.
Additionally, a fence shall be required along the property line, and the type of said
fencing shall be approved by the Planning and Zoning Department prior to
construction.
2. Adequate water supply to meet the fire protection requirements must be constructed,
installed and operational prior to signature on the final plat, unless a non-build
agreement is executed and recorded prior to signature on the final plat. The non-
build agreement will not be released until all facilities required meet the fire
protection requirements and are operational.
3. The City Council approved at its March 9, 2004 meeting to proceed with anew well
site or provide other means to increase water supply since currently there is not an
adequate water supply available for the proposed project. It is understood that for the
City to provide anew well site it will take an undetermined amount of time for the
City to develop a well site, including all the necessary testing and requirements
pursuant to the Idaho Department of Water Resources. Additionally, the additional
water supply would need to be in place before any development could occur.
4. The Public Works Department provided two alternatives for supplying water to
the proposed project, and said options are noted as follows:
1.
Construction of an additional well in the high-pressure zone.
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2.
Routing water supply ftom the low-pressure zone to the high-pressure
zone by pipeline and pressure-reducing valve station(s).
The City would maintain control of the design, plans, and construction of
the improvements. If other projects in the high-pressure zone north of
Ustick Road benefit ftom this method and if Capital Development
reimburses the City for this expense, it is recommended that Capital
Development be eligible for a latecomers agreement. Public Works shall
determine which improvements shall be made. Any required
reimbursement must be paid prior to signature on the final plat.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner
may 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.
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has
an interest in real property which may be adversely affected by this decision 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.
6~
By action ofth~ City Council at its regular meeting held on the-
day of ~1. , 2004.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
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ROLL CALL
COUNCILMAN SHAUN WARDLE
VOTED~
VOTED~
COUNCILMAN BILL NARY
COUNCILMAN CHARLIE ROUNTREE
VOTED~
COUNCILMAN KEITH BIRD
VOTED~
MAYOR TAMMYdeWEERD
(TIE BREAKER)
VOTED
-
Attest:
Z:\WOIklMlMeridianlMeridian 15360MlSettiementBridge Sub AZ-03-035
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OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
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