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Bridgetower Crossing No. 14 PP CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the matter of a request for Preliminary Plat Approval of 60 single family residential building lots and 4 common lots on 23.90 acres in an R-4 zone for Bridgetower Crossing Subdivision No. 14, by Primeland Development, LLP. Case No. PP-05-044 For the City Council Hearing Date of: November 1,2005 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code §67- 6509. b. The matters were duly considered by the City Council at the November 1,2005, public hearing. The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. Written and oral testimony was received on this matter, as reflected in the records ofthe City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a recommendation for approval to City Council. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. d. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. PP-O5-044 - PAGE 1 of 4 verified that the property owner of record at the time of issuance of these findings is Primeland Development, LLP. 4. Required Findings per Zoning and Subdivision Ordinances See the Staff Report attached as Exhibit A for the findings required for each application. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67- 6503). a. 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, 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 August 6,2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-17-9. 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. 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 and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Preliminary Plat dated 8/1 0/05 as shown in Exhibit A, and the Conditions of Approval in Exhibit A. 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 § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated 8/1 0/05 is hereby conditionally approved; CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. PP-O5-044 - PAGE 2 of 4 2. The site specific and standard conditions of approval are as shown in Exhibit A. D. Notice of Applicable Time Limits (as applicable) 1. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval of the preliminary plat, the owner or developer shall have one year within which to file the request for approval of the final plat. After approval of final plat, the owner or developer shall have one year to begin construction of the public utilities and one year thereafter to complete construction of those public facilities. (MCC 12-2-4.B & C.) E. Notice of Final Action and Right to Regulatory Takings Analysis 1. 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. 2. 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 the issuance or denial of the approval 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. Exhibits Exhibit A: Staff Report ~tion of the City Council at its regular meeting held on the 1/e/rl~¡- ,2005. q~ day of COUNCIL MEMBER SHAUN WARDLE VOTED ~ VOTED /IJ;~ VOTED~ VOTED Þ -- VOTED COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. PP-O5-044 - PAGE 3 of 4 Attest: - and City Attorney. ~ r BY:~'?:\ 1\] I !I-- . . . y Clerk's Office \ I'-\~ -CS Dated: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. PP-O5-044 - PAGE 4 of 4 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 ST AFF REPORT City Council Hearing Hearing Date: 11/1/2005 ~" ~ .' .. '.:". ;'/ '. ,. . ~ f"'.- 0 / 111"0" \!iÌ ~ ..;. ~tJrldiân ,; " v I]),\I-«.} " .~ jJ \:+, /... .,./ .._...,,1'" '.f,:,t:-!'1"I""'To~"~"L:~' S,,"P.'--'-'. ;~':: TO: FROM: SUBJECT: Mayor, City Council Josh Wilson, Associate City Planner Bridgetower Crossing Subdivision . PP-05-044 60 single family residential building lots and 4 common lots on 23.90 acres in an R-4 zone 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant has requested Preliminary Plat approval of 60 building lots and 4 open space common lots on 23.90 acres in an existing R-4 zone. The subject property was part of the Bridgetower Crossing development which received annexation and planned development approval in 2002 for 692 single family lots, 59 townhome lots, 17 office lots, 10 commercial lots, and 58 common lots on 370.55 acres north of McMillan Road, between Ten Mile Road and Linder Road. The subject property received additional preliminary plat approval in 2003 as Bridgetower Crossing East, which consisted of 439 single family lots and 50 common lots on 209.01 acres. The approved Preliminary Plat depicted very large single family lots in the area covered by the CUITent application and the applicant has submitted for a new Preliminary Plat for the property in order to reduce the size of the lots and gain an additional 11 lots. 2. SUMMARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the item on October 6,2005. At the public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Becky McKay, applicant's representative. 11. ill opposition: None. 111. Commenting: None. iv. Staff presenting application: Brad Hawkins-Clark v. Other staff commenting on application: Mike Cole, Public Works. b. Key Issues of Discussion by Commission: i. Amount of open space in proposed subdivision. c. Key Commission Changes to Staff Recommendation: i. Delete Condition 1.1.2 ii. Add to Condition 1.2.2 the following: "The applicant reserves the use of sand for ponds as previously approved by staff." 111. Modify Condition 2.5 to read: "Vacate any recorded irrigation easements prior to signature on the final plat." IV. Delete item D from Condition 3.1.3 v. Add the following to Condition 3.1.9 "provided the setbacks are consistent with the approved PUD" vi. Delete Condition 4.1 vii. Delete Condition 4.2 d. Outstanding Issue(s) for City Council: i. None. 3. APPLICATION AND PROPERTY FACTS a. Site Address/Location: <File Numbers To Be Added By Planner> PAGEl CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 N of Us tick Road and W of Linder Road 4N1W35 b. Owner: Primeland Development, LLP 3120 W. Belltower Drive Meridian, Idaho 83642 c. Applicant: Primeland Development, LLP 3120 W. Belltower Drive Meridian, Idaho, 83642 d. Representative: Becky McKay e. Present Zoning: R-4 f. Present Comprehensive Plan Designation: Low Density Residential g. Description of Applicant's Request: 1. Date of preliminary plat (attached as Exhibit At): August 10, 2005 2. Date oflandscape plan (attached as Exhibit A2): August 22, 2005 h. Applicant's Statement/Justification (reference submittal material): The applicant has stated that the subject application is being submitted to regain some of the 29 lots lost in previous phases of Bridgetower Crossing Subdivision, and to create smaller lots than were previously platted in this area of the development. The applicant has stated that the proposal complies with the Planned Development approved for Bridgetower Crossing, and the new proposal will result in more marketable lots. 4. PROCESS FACTS a. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 12 Chapter 3, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: October 10, 2005 and October 24, 2005 c. Radius notices mailed to properties within 300 feet on: October 7, 2005 d. Applicant posted notice on site by: October 24, 2005 5. LAND USE a. Existing Land Use(s): Vacant agricultural land b. Description of Character of SulTounding Area: A mix of single family residences developed as part ofthe Bridgetower Crossing and Watersong Estates subdivisions, and vacant agricultural land. c. Adjacent Land Use and Zoning 1. North: Vacant agricultural land, zoned R-4. 2. East: Watersong Estates Subdivision, zoned R-8. 3. South: Bridgetower Crossing Subdivision, zoned R-4. <File Numbers To Be Added By Planner> PAGE 2 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 4. West: Bridgetower Crossing Subdivision, zoned R-4. d. History of Previous Actions: AZ-OI-003, CUP~01-006, PP-02-014 e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Bridgetower #3. Location of water: Bridgetower #3. 2. Vegetation: None. Sewer was stubbed to this property during construction of Water was stubbed to this property during construction of 3. Floodplain: N/A 4. Canals/Ditches Irrigation: Coleman Lateral, to be piped 5. Hazards: None. 6. Proposed Zoning: R-4 7. Size of Property: 23.90 acres 8. Description of Use: Single family residential f. Subdivision Plat Infonnation 1. Residential Lots: 60 2. Non-residential Lots: N/A 3. Total Building Lots: 60 4. Common Lots: 4 5. Other Lots: N/A 6. Total Lots: 64 7. Open Lots: 4 8. Residential Area: 9. Gross Density: g. Landscaping 23.90 acres 2.51 units per acre 1. Width of street buffer( s): None required; the subdivision has frontage on local roads which require no landscape buffer for residential subdivisions. 2. Width ofbuffer(s) between land uses: None required; the subdivision is surrounded by lands designated for, or developed as, single family residential. 3. Percentage of site as open space (PP and PD applications): 5.86% as stated by applicant, see discussion tmder Item 9 "Analysis". 4. Other landscaping standards: Common open space shall be suitably improved for its intended use and shall include at least 1 deciduous tree per 8,000 square feet and lawn. 1. Proposed and Required Non-Residential Setbacks: Reduced setbacks, frontages and minimum lot sizes for detached single family homes were approved with the Planned Development for <File Numbers To Be Added By Planner> PAGE 3 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 Bridgetower Crossing Subdivision (CUP-01-006), and are as follows: Approved Required (per R-4) Front 15 20 Street side 20 20 Side 5 5 Rear 15 15 Frontage 69 80 Lot Size 8000 8000 Max. Block Length 1,500+ 1,000 ill. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): All internal streets are proposed as public. All sidewalks are 5-feet wide and are detached from the curb. For detailed Conditions of Approval on the public streets and access points to public streets, please see the attached Exhibit B. 6. AGENCY COMMENTS MEETING On September 16, 2005 Planning Staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 7. COMPREHENSIVE PLAN POLICIES AND GOALS Staff finds that the proposed zoning designation, R-4, is hannonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the land to be Low Density Residential. There is a maximum density of 3 dwelling units per acre in the Comprehensive Plan; the proposed gross density of Bridgetower Subdivision No. 14 is 2.51 dwelling units per acre. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): . Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in thefol/owing manner: . Sanitary sewer and water service will be extended to the project at the developer's expense. . The subject lands currently lie within the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. . The subject lands currently lie within the jurisdiction of the Meridian Police Department (MPD). . The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. . The subject lands are currently serviced by the Meridian School District #2. This service will not change. <File Numbers To Be Added By Planner> PAGE 4 CITY OF MERIDIAN PLANNiNG AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. . Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter VII, Goal IV, Objective C, Action 1) The applicant is proposing a single-family development. The existing residential properties to the east, south, and west are compatible with the proposed development. . Support a variety of residential categories (low-, medium-, and high-density single family, multi- family, townhouses, duplexes, apartments, condominiums, etc.) for the pmpose of providing the City with a range of affordable housing opportunities (Chapter VII, Goal IV, Objective C, Action 10) The subject property is designated Low-Density Residential on the Future Land Use Map. The applicant has proposed a density consistent with that designation and has requested an R-4 zone (2.51 d.u./acre). . Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow (Chapter VI, Goal II, Objective A, Action 6) The applicant is proposing to connect to a stub street to the east, W San Remo Drive, and connect to an existing street to the west, N Towerbridge Way. City stafI and ACHD are supportive of the connectivity plan for this area (see ACHD comments and conditions for details). . Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. (Chapter VI, Goal IT, Objective A, Action 13) See bullet above. Permit new residential, commercial, or industrial developments only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City. (Chapter IV Goal II, Objective A) . All urban services can be made available to this site. 8. ZONING ORDINANCE a. Zoning Schedule of Use Control: Meridian City Code 11-2-1 lists single family detached homes as a permitted use in the R-4 zoning district. b. Purpose Statement of Zone: R-4 Low Density Residential District: Oilly single-family dwellings, public schools, and public and private parks shall be pennitted and no conditional uses shall be pennitted except for planned developments. The purpose of the R-4 district is to pennit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the comprehensive plan of the city, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible nonresidential uses. The R-4 district allows for a maximum of four (4) dwelling units per acre and requires connection to the municipal water and sewer systems of the city of Meridian. 9. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation <File Numbers To Be Added By Planner> PAGE 5 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 1. PRELIMINARY PLAT: Relationship of Pre-plat to Planned Development Concept: The following note (on page 10, Item #12) was included in the Decision and Order Granting the CUP (CUP-OI-006) for Bridgetower Crossing, outlining how the subject application corresponds to the approved PD application: "This project is approved in concept only. The concept includes: maximum number o.f residential lots not to exceed 692 (does not include townhouse lots), mixed uses, school site, setbacks, collector roadways, amenities and open space. The applicant recognizes that the approval is in concept only and that detailed approval shall be required by submittal of all appropriate applications, including, but not limited to, preliminary plat or plats and conditional use permit or permits. The detailed approval shall be subject to all applicable Ordinances unless otherwise approved under the original Planned Unit Development application. " The applicant has stated that "even with the 11 additional lots in this phase, the total number of lots has still been reduced by 9 lots." Staff finds that the submitted preliminary plat is in general compliance with the approved Planned Development. Open Space: The applicant has stated that the proposed subdivision contains 1.40 acres of eligible open space, for a total of 5.86 percent of the development. Staff fmds that this number includes Lot 46, Block 15, which is proposed as an existing cemetery surrounded by a sand bottom stonn water detention basin, allowed under an existing agreement with the City of Meridian. MCC 12-13-16 states that eligible open space must be "active or passive in its intended use, and must be accessible by all residents of the subdivision", and staff finds that the sand bottom portion of Lot 46, Block 15, does not qualify as eligible open space. Staff finds that in order to comply with Meridian City Code, the applicant must provide additional usable open space which meets the minimum requirement of 5 percent. See Site Specific Condition 1.1.2. b. Staff Recommendation: Staff recommends approval of PP-05-044 for Bridgetower Subdivision No. 14 as presented in the staff report for the hearing date of October 6, 2005 based on the Findings of Fact as listed in Exhibit D and subject to the conditions of approval as listed in Exhibit B as attached to this report. Staff has prepared findings consistent with this recommendation. 10. PROPOSED MOTION Approve I move to approve File Number PP-05-044 as presented in the staff report for the hearing date of November 1, 2005, and the preliminary plat dated August 10, 2005, with the following modifications to the conditions of approval: (add any proposed modifications). Deny I move to deny File Number PP-05-044 as presented in the staff report for the hearing date of November 1, 2005, and the preliminary plat dated August 10,2005 for the following reasons: (you must state specific reasons for denial. They should address how the applicant might re-do the application to gain your recommendation for approval.) 11. EXHffiITS A. Drawings 1. Preliminary Plat (dated: 2. Landscape Plan (dated: B. Conditions of Approval August 10, 2005) August 22, 2005) <File Numbers To Be Added By Planner> PAGE 6 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Legal Description D. Required Findings from Zoning Ordinance <File Numbers To Be Added By Planner> PAGE 7 ClTY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 A. Drawings 1. Preliminary Plat (dated: August 10,2005) ........, I I . ~ I ';, Ii J~ .~ ¡: M .~ " ; :1' 15 ':,' ì I ill/II ) (I; :' I I ( 1'[' : ¡ HHU=HI ii;li :Ii ¡ , f .11 ' ! .. i i If! 1111111111 pi filiI!' d ¡IIlsh ~ II ;èp.J!i Ilfi11'; ~ I ï g II hI'i~1i .: liøli~~ I I iii "Ii' I ' 'P iii !,:I- o:s~: ~ ~. II! . !I! ii' ¡!S Ii i"' " ':".~ 11'.. ,I. /~¡ ; ! I ~ IRIDIICfOWBR CJtOIIIJNG ~IIBIIIEERING -- \J . i II18DmQ)II liO. 14 ~S: eu.N~;~/ :.~~TACT )Jm - ~ i' ?REU"- PlAT DWTION$.. ." ,. ~"" "."", ~ W ~ """.-"'."..0." ,..<~ --do-. .. -~. -..... I -"""" ..~.:( ~ i1;-...::7~ ':::'d""'~ DMlOPf.A (YWN,A5 ,)0' "FCO"D -,~~_..,. "... ..... - .... - ..."'" ,.".. .~-.u, .-.... -~. "' :t~ ':..-::. -,..,_.,- ~,--,,~, .."",., ."~".~.._"'-""<"'."._"'-"._...._....." .. '._""._"'.'.'_._.-'."""'.".""'..'."'.-~'" A-I .'...... d' -'--~'.'_.-'."--~" . .. u - ...¡ CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 2. Landscape Plan (dated: August 22,2005) 1- ...."--.---.----..-.-...-------.,....-..-....--........------'--'..---."------'--..' ...-.--------.-..-....,........---.- r~-ô~1õ1J I ~ -;¡.'I.--'-¡ir' .! ~ ,'III~~ffIU 11¡I~i 1,~¡rJIÎIII~! ¡ ¡I'II! II I~! g ,~ii'¡~"';¡;f;¡~i;iif ¡"r""""".",'j """"".""';!i" . ....-.....l. .......LJ ~~ ¡& .~ i~ I~~ ~:~!I &ii¡ ,I I 'II ~ ;ilÜ",,)\,. iJI_l . V',\~~. . )...- \ 1~ -,q-"jk,J 'g ",.,j, I ~ ~!!! I.. ¡~ II 1" 'I I I. il :! i-n--- I in_- -I i / ;<> / '<' 'I n .; J /- if ¡/ ~'~~'- -- /¡;r\~Þ p- 'l . ;: './ ,/ --- .. I ¡ ;' . . .'-"=c::.:..:::.:c..:.,":,:,=--,.", - . .. --"..--.. II ' i ,: ¡'¡¡!¡I!:i!¡r J II !.!d ~ III! ' ~ 'd~ I,"~ Iii i H ;~I ¡ t. I,,~ I II ~ ~2 I " ~ . I , I ¡!!!!!¡~I¡¡f¡¡~1 ~ i U~ if fill' I~ J),. I ~I . I\I j "! ~ 'It ,.. .. ji ~ I - I :i ¡ ¡:. r1ffiI' 11Ç~ ¡ml ii3RiDGEToWE~ C~5ßING 14 --;.,,~.- ""..""""0> -']'" ~I' ,¡"I/lllnj ~"!,:':- ~ - '."1 """"1.ßCD!VfiJ.~GO..L"~ .: 1 ),' l ' ."""'-"""Ø II'. L:.___--",-_.:.~.....:".- -:=::::;:;:-.... ...........II"."'~_~:."'" .~:":,,:=:=-;:--===,-,,........L,:....._--_..._,-:"..- A-2 :_n -II-. Hli/ mj.¡- T " ¡.I,ll ¡J t' . ¡¡ d! ( II'~Ë' ",j r'":.'" ". 0=." I~U ~. ¡ ~i .'... ... , . v"..'. '-":~ I I U..J'D-' .'-~I ~~ --!::i~~ :'::_~~.'~=~:=~:_~':.J CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.1.1 The preliminary plat labeled as PRE prepared by Engineering Solutions, dated August 10, 2005, is approved, with the conditions listed herein. All applicable comments/conditions of the previously approved Annexation/Zoning (AZ-O 1-003) and Conditional Use Permit (CUP-O 1- 006) shall also be considered conditions of the Preliminary Plat (PP-05-044). 1.1.2 THe applicant sHall provide additionalwsable open space colllfFl:ofllots which meet the minimwm reqwiremeftt of 5 percent, aHd oobmit revised lat1dscaJ3e plans ""Hich shov.' the required changes at least 10 days prior to the City Col:lRcil hearing OR the aJ3plication. 1.1.3 All road drainage shall be contained on site in the drainage swales as depicted. 1.2 GENERAL REQillREMENTS-PRELIMINARY PLAT 1.2.1 1.2.2 1.2.3 1.2.4 1.2.5 1.2.6 B-1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to MCC 12-13-10-8. All areas approved as open space shall be free of wet ponds or other such nuisances. All stonnwater detention facilities incorporated into the approved open space are subject to MCC 12- 13-14 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under MCC 12-13- 14. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stonnwater detention facility cannot be incorporated into the approved open space and still meet the standards of MCC 12-13-14, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. The applicant reserves the use of sand for ponds as previouslv approved bv staff. 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 used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with MCC 12-13-8 and MCC 9-1-28. A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application. The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be installed in accordance with MCC 12-4-10. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 1.2.7 Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. All iITigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4-13, unless otherwise approved by Settlers lITigation District. 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 not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 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. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. 1.2.8 2.1 2. PUBLIC WORKS DEPARTMENT 1.2.9 2.2 2.3 2.4 2.5 2.6 2.7 2.8 B-2 Sanitary service to this site is being proposed via extension of mains in N. Towerbridge Way. The applicant shall be responsible to construct all necessary sewer mains to serve this proposed development, coordinate main sizing and routing with the Public Works Department. Cover over sanitary sewer mains shall be no less than three-feet from finish grade to the top of the pipe. If cover is less than three-feet from the sub-grade to the top of pipe, alternate pipe materials shall be used per the Meridian Public Works Department's Standard Specifications. Water service to this site is being proposed via extensions of mains in N. Towerbridge Way. The applicant shall be responsible to construct all necessary water mains to serve this project, coordinate main size and routing with the Public Works Department. Dedicate additional width for the Public Utilities, Drainage and lITigation easement along the right-of-way. It needs to be lO-feet "free and clear" of the sidewalk which extends four-feet past the right-of-way. The pressure iITigation system in this development is being proposed as an extension ofthe private Bridgtower Subdivision system. Plans and specifications will be reviewed by the Public Works Department as part of the plan approval. The applicant shall submit a draft copy of the operations and maintenance manual prior to plan approval, with the "final draft" being submitted prior to signature on the final phase of the Bridgetower Development. Vacate any recorded irrigation easements prior to signature on the final plat. A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as detennined during the plan review process, prior to signature on the final plat per Resolution 02.374. CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 No large landscaping shall be allowed within a five-foot radius of a meter tile per Meridian City Standard Specification 7.07 w. note (3.) 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. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. Developer shall coordinate mailbox locations with the Meridian Post Office. All grading of the site shall be perfonned in conformance with MCC 11-12-3H. 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. Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape ilTigation. All ilTigation 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 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. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. 3. FIRE DEPARTMENT 3.1.1 One and two family dwellings will require a fire~flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500' apart. International Fire Code Appendix C 3.1.2 3.1.3 B-3 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 3.1.4 3.1.5 3.1.6 3.1.7 3.1.8 3.1.9 a. Fire Hydrants shall have the 4 Y2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. LoeatioflS with fire hydraHts shall havl) thl) eurb paiflted rcd 10' to each side of the hydrant loeatiol'l. e. Fire Hydrants shall be placed on corners when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 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 an approved turn around. All entrance and internal roads shall have a turning radius of28' inside and 48' outside radius. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. Operational fITe hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The applicant shall provide a stub street to the property to the east. The two entrances should be separated by no less than Y2 the diagonal measurement of the full development. Building setbacks shall be per the International Building Code for one and two story construction, provided the setbacks are consistent with the approved PUD. 3.1.10 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. 3.1.11 Provide exterior egress lighting as required by the International Building & Fire Codes. 4. POLICE DEPARTMENT 4.1.1 .'\ny iflteriør fencing shall allm,y visibility from the street or shall Bot mœeed four foet il'l height if sølid foBeiag is l:lsed. 4.1.2 Tho prøpøsed dovclopmeB.t aB.à'Of plat Elø aot øffer Hatl:lfal sl:1fveillanee opportl:l:fl:Îties of tho publie areas. Prior to the R&xt p1:1blie heariRg, the apfllieant shall meet with the Police Chief aaà'øf PlaBfl:ÎRg 8taff to disol:lsS featl.ifes that inereasl) visibility, iRell:lEliRg but not 1i:mitl)d to: doors aad wiado"vs that look out OR the p1:1blic areas, ITORt porehes, and adequate nightti:me lightiag. The site plaR al.'id/or laJ.'ldseaping plaR shall be revised iR aeeord ',Vith those discussioRs. 5. PARKS DEPARTMENT No concerns. 6. SANITARY SERVICE COMPANY No concerns. 7. ADA COUNTY HIGHWAY DISTRICT B-4 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 C. Legal Description II SURVEY GROUP Suite I SO Meridian. Idaho 83642 Phon" (208) 846,8570 Fax (2OB) 88-4.5399 Project No- 05-241 August 19, 200S Bridgetower Crossing Subdivision No. 14 A parcel of/and located in Section 35. TAN., R.I W., B.M., Ada County, Idaho, more particularly described as follows; Commencing at the comer common to Sections 1 and 2 ofT.3N., R. I W., and Section 36 and the said Section 35; Thence North 00° 15'24" East, 2637A2 feet to the 1/4 comer common to said Sections 35 and 36; Thence North 89°10'54" West, 1317.27 feet to the C-E 1116 comer lying on the East boundary of Bridgetower Crossing Subdivision No. 13, as same is recorded in Book - of Plats at Page -.,...-.--' records of Ada County, Idaho; Thence along the East boundary of said subdivision and West boundary of Watcrsong Estates, as same is recorded in Book 88 of Plats at Page 10,088, records of Ada County, Idaho, South 00°21' 10" West, 349.93 teet to the REAL POINT OF BEGINNING. Thence continuing South 00°21 '10" West, 969.43 feet to the S8 1/16 corner lying on. the northerly boundary of Bridgetower Crossing Subdivision No.4, as same is recorded in Book 88 of Plats at Page 10,153, records of Ada County, Idaho; Thence along said northerly boundary South 34°00'00" West, 113.92 feet; Thence North 58°00'00" West, 124.30 feet; Thence 51.13 feet along the arc of a CUIVe to the right, having a radius of 21.00 feet, a central angle of l39°30'50", and a long chord bearing North 11 °45'25" East, 39.4] feet; Thence] 44.19 feet along the arc of a curve to the left, having a radius of 50.00 feet, a central angle of 165°13'57", and a long chord bearing North 1 °06'08" West, 99.17 feet; Thence North 6°]6'53" East, 134.17 feet; Thence North 90°00'00" West, 104.09 feel; Thence North 4Y.SO'28" West, ]49.16 fecI; Thence Nonh 5]COO'O(r' West, 240.00 fecI; The!!,;;.: I'\nr'h ~X"o()'(1n.. w,.", (.II 7.1 f',". .'. II.: \' l.-. f" 5 ¡ c;¡ r lie .. ,: " " .. . .' ). (j r ¡ C - 1 CITY OF MERIDIAN PLANNING AND ZONING DEP ARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 Thence North 70°00'00" West, 98.88 ft..>cl; Thence North 85°45'02" West, 98.72 feet; Thence South 90°00'00" West, 168.56 feet; Thence North 44"00'00" West, 262.25 fee!; Thence South 90°00'00" West, 248.25 fect to the Northwest comer of said Bridgetower Crossing Subdivision No.4 lying on the easterly boundary of Bridgetower Crossing Subdivision No.3, as same is recorded in Book 87 of Plats at Page 9916, records of Ada County, Idaho; Then.ce along said easterly boundary No11.h 00°00'00" East, 118.04 feet; Thence 260.02 feet along the arc of a curve to the right, having a radius of 775.00 feet, a centra! angle of 19°13'24", and a long chord bearing North 9°36'42" East, 258.80 feet; Thence North 63°06'42" East, 27.73 feet; Thence South 73°00'00" East, 7.38 feet; Thence NQfth 17°00'00" East, 50,00 feet; Thence North 25°57'45" West, 29.27 feet; Thence 149.66 feet along the an: of a non-tangent curve to the left, having a radius of 825.00 feet., a central angle of 10°23'37", and a long chord bearing North 15°52'41" East, 149.45 feet to the Southwest corner of said Bridgetower Crossing Subdivision No. 13; Thence along the southerly boundary of said subdivision South 79° 19'08" East, 39.18 feet; Thence South 56°00'00" East, 120.15 feet; Thf!nœ South 73°00'00" Eust. IO~.OO feeL Thence South 86"OL~6'. East. 90.66 feet; Thence North 9(¡o(W'OO.. East. J I () Of) Ice!: I '. : I I C-2 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 Thence South 72°32'58" East, 114.77 fect; Thence South 65° 13' 40" East, I 2 L2() feet Thence South 60D48'34" East, 20.00 teet; Thence South 58"00'00" East, 113.27 feet; Thence South 62°00'00" East, 26330 feet to the Point of Beginning. Containing 23.90 acres, more or less. Prepared By: Idaho SolVe Group, P.C, '., C - 3 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 D. Required Findings from Zoning Ordinance 1. PRELIMINARY PLAT FINDINGS Sections 12~3.3 J.2 and 12~3~5 D read as follows: "In detennining the acceptance of a proposed subdivision, the Commission and Council shall consider the objectives ofthis title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; City Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. City Council supports the proposed layout as a practical solution to address the constraints dictated by previous developments. B. The availability of public services to accommodate the proposed development; City Council finds that public services are available to accommodate the proposed development. C. The continuity of the proposed development with the capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, staff finds that the subdivision will not require the expenditure of capital improvement funds. D. The public financial capability of supporting services for the proposed development; Please see the Agency Comments and Conditions contained in this report for more detail. E. The other health, safety or environmental problems that may be brought to the Commission's attention. City Council is not aware of any health, safety or environmental problems associated with the development of this subdivision. ACHD considers road safety issues in their analysis. D - 1