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HomeMy WebLinkAboutFindingsRECEIVED SEP 2 8 2001 CITY OF MERIDIAN BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR BRIDGETOWER CROSSING SUBDIVISION, LOCATED NORTH OF USTICK AND EAST OF TEN MILE ROAD, MERIDIAN, IDAHO BY: PRIMELAND DEVELOPMENT CO., LLP APPLICANT C/C 07/03/01 Revised 09-26-01 Case No. PP-01-005 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on June 19, 2001 and continued until July 3, 2001, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing on behalf of the Applicant was: Becky Bowcutt, and appearing in opposition and/or with comments or concerns were: Margaretha English, Brian English, and Tom Anderson, and the City Council having received a report from Brad Hawkins -Clark, Planner for Planning and Zoning, and Bruce Frecldeton, Engineering Technician III, 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 applicant having FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BRIDGETOWER CROSSING SUBDIVISION / (PP-01-005) 1 submitted the "PRELIMINARY PLAT, BRIDGETOWER CROSSING SUBDIVISION, PARCELS OF LAND LOCATED IN SECTIONS 35 AND THE SW I/4 OF SECTION 26, TOWNSHIP 4 NORTH, RANGE 1 WEST, B.M., ADA COUNTY, IDAHO, DWG DATE: 01/11/01 RLS, REVISION: 06-11-01, STAMPED DATE: JUN 12 2001,BY: blcb, SHEET 1 OF 3 PREL, DWG NO. 0805-PREL, \0805- PREL rls, BY: BRIGGS ENGINEERING, INC., BECKY BOWCUTT- PLANNER, PRIMELAND DEVELOPMENT CO., LLP, 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 I. That the proposed development is in conformance with the 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, Infrastructure Planning Analysis Comprehensive Plan and Map, adopted December 21, 1993, and the property is presently zoned Low Density Residential District (R-4) and General Retail and Service Commercial District (C-G), and requires connection to the Municipal Water and Sewer System. [Meridian City Code § 11-7-2 C and K] 2. The preliminary plat is in conformance with the Comprehensive Plan FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BRIDGETOWER CROSSING SUBDIVISION / (PP-01-005) 2 City of Meridian adopted December 21, 1993, Ordinance No. 629. 3. It is determined that Urban Services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. 4. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions which are requested by the Planning and Zoning Administrator and the Engineering Technician III and as proposed by the developer as stated on the preliminary plat there will be public financial capability of supporting services for the proposed development. 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. 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 herein designated as: "PRELIMINARY PLAT, BRIDGETOWER CROSSING SUBDIVISION, PARCELS OF LAND LOCATED IN SECTIONS 35 AND THE SW 1/4 OF SECTION 26, TOWNSHIP 4 NORTH, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BRIDGETOWER CROSSING SUBDIVISION / (PP-01-005) 3 RANGE 1 WEST, B.M., ADA COUNTY, IDAHO, DWG DATE: 01/11/01 RLS, REVISION: 06-11-01, STAMPED DATE: JUN 12 2001,BY: bleb, SHEET 1 OF 3 PREL, DWG NO. 0805-PREL, \0805-PREL rls, BY: BRIGGS ENGINEERING, INC., BECKY BOWCUTT- PLANNER, PRIMELAND DEVELOPMENT CO., LLP, DEVELOPER". 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 of the applicant as evidenced by "PRELIMINARY PLAT, BRIDGETOWER CROSSING SUBDIVISION, PARCELS OF LAND LOCATED IN SECTIONS 35 AND THE SW I/4 OF SECTION 26, TOWNSHIP 4 NORTH, RANGE 1 WEST, B.M., ADA COUNTY, IDAHO, DWG DATE: 01/11/01 RLS, REVISION: 06-11-01, STAMPED DATE: JUN 12 2001,BY: bleb, SHEET 1 OF 3 PREL, DWG NO. 0805-PREL, A0805-PREL rls, BY: BRIGGS ENGINEERING, INC., BECKY BOWCUTT- PLANNER, PRIMELAND DEVELOPMENT CO., LLP, DEVELOPER" is hereby conditionally approved; and 2. The conditions of approval are as follows to -wit: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BRIDGETOWER CROSSING SUBDIVISION / (PP-01-005) 4 1. The Preliminary Plat application for Bridgetower Crossing Subdivision (specifically Phases 1 and 2 on Sheet 3 of 3, dated 1/11/01, Blocks 1, 6, 7 and 8) shall supercede Phase 2 of the already approved Bridgetower Subdivision, approved by City Council in October 2000. The Applicant is proposing to modify the Bridgetower Subdivision preliminary plat with this Bridgetower Crossing preliminary plat. 2. Applicant shall obtain a letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 3. Public Works a. Coordinate fire hydrant placement with the City of Meridian Public Works Department. b. Sanitary sewer service to this site shall be via construction of a portion of the White Trunk and North Slough Trunk Lines. Applicant shall be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. C. Water service to this site is being proposed from extensions of existing mains. Applicant shall be responsible to construct the water mains to and through this proposed development. It is the City's desire to obtain a site for a new domestic well in the vicinity of the projects northwest corner. This well site (120'xl20') shall be located near the White Drain, somewhere within the commercial lots. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. Flow and pressure from the existing mains shall be monitored with the Meridian Water Department. d. The developer shall be responsible for the payment of sewer and water assessment fees, as well as the actual physical connection of the existing homes located within the boundaries of this subdivision. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BRIDGETOWER CROSSING SUBDIVISION / (PP-01-005) 5 e. Underground pressurized irrigation shall be provided to all landscape areas on site. Due to the landscape area, primary water supply connection to the City's mains shall not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by an association or an Irrigation District. If the system is being proposed as a private system, plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual shall be submitted prior to plan approval. f. The soils investigation report submitted with the application indicates that groundwater was encountered within the project site. Design engineer to provide a statement of compliance, prior to the approval of development plans, that certifies that the centerline finish grade of the streets, public or private, is at least three feet above the established normal ground water elevation. This is an effort to ensure that the building footings are at least one foot above the high groundwater. g. Applicant shall submit any updated soils/groundwater monitoring data collected since the initial investigation date. h. Applicant shall show all proposed permanent and temporary sanitary sewer construction easements on the preliminary plat map for the areas of future development. i. Lots 8-19, Block 7, and Lots 16-19, Block 3, are impacted by irrigation easements. Applicant shall provide a copy of the executed encroachment agreement with Nampa -Meridian Irrigation District, indicating how the land underlying these easements may be used, prior to signature on the final plat. If encroachment of the Creason Lateral is not granted, the easement area shall be removed from the building lots. The preliminary plat indicates an 8" sanitary sewer main exiting the southeast corner of Block 7. If Block 7 cannot sewer through the vehicular access Lot 54, a 20-foot wide common area lot shall be created and centered on the sewer main. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BRIDGETOWER CROSSING SUBDIVISION / (PP-01-005) 6 4. Streets/Pathways a. There is currently no stub street provided to the 9.16 acre enclave (consisting of 3 separate parcels with frontage on McMillan Road) that is not a part of this subdivision. Quintale Avenue shall be stubbed to the southern boundary of either the Anderson or Kelso property to provide for future connectivity when these parcels re -develop in the future. b. N. Towerbridge Way is the only ingress/egress access proposed to serve the 55 homes in Bridgetower Subdivision (Phase 1) and the 77 homes in Phases 1 and 2 of Bridgetower Crossing (132 homes total). The Applicant shall work with the Meridian Fire Department to determine whether a temporary emergency access point is necessary until such time as a secondary principal access is provided. C. The Applicant told Staff verbally that the W. Belltower Drive collector at Ten Mile Road, currently shown in Phase 3 of the plat, is likely to be constructed within 12-15 months to provide a second ingress/egress point for the subdivision. The White Drain Trunk is proposed to be laid within the Belltower Drive right-of- way. The Applicant shall coordinate the construction of Belltower Drive with the Public Works Department's plans for the White Drain Trunk construction. d. City Ordinance 12-4-12 states, "Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobiles) can be provided throughout the City urban service planning area." Since no front -on housing is permitted along Towerbridge, Belltower and Coppercloud (as Collectors), Applicant to coordinate with ACHD to provide bilce lanes within the 50-foot right-of-way of both collectors. The bike lanes shall also provide increased safety and accessibility for children traveling to school should a future elementary school be constructed east of the subdivision. e. There are several micropath common lots proposed on the preliminary plat and CUP/PUD plans. As a condition of the plat, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BRIDGETOWER CROSSING SUBDIVISION / (PP-01-005) 7 Applicant shall be required to construct open -vision fencing or four -foot -high solid fencing (max.) along both sides of any pathways. The developer shall place a deed restriction on the residential lots adjacent to these micropaths to prohibit the construction of any fencing on the residential lot higher than four feet on the sides adjacent to the pedestrian walkway lot. Applicant shall also consider placing a deed restriction on the townhome lots adjacent to the vehicular driveway shown as Lot 54, Block 23. 5. Landscaping/Fencing a. A permanent, six-foot high, solid fence shall be constructed along the following boundaries of the subject plat: * Full east boundary of the townhouse block (Block 23) * North boundary of Lot 13, Block 20 * South boundary of Block 14 (adjacent to the Huskey property) West boundary of Block 10 (adjacent to the Huskey property) East boundary of Lot 3, Block 1 Said fencing shall be constructed prior to applying for building permits in each phase. Submit detailed fencing plans for review and approval with submittal of the Final Plat. A letter of credit or cash shall be required for all fencing prior to signature on the Final Plat. No fencing is permitted within the required landscape buffers. b. A detailed landscape plan for the common areas, pathways, and types of construction shall be submitted for review and approval with the submittal of each Final Plat application. The landscape plan shall include sizes and species of trees, shrubs, berming/ swale details, and all proposed ground cover/treatment. A letter of credit or cash surety in the amount of 110% shall be required for all fencing, landscaping, pressurized irrigation, etc., prior to signature on the Final Plat. C. The Landscape Plan (Sheet LD.1) does not show any details for Lot 20, Block 23 (the open lot between the commercial and office lots fronting on Ten Mile Road). The Applicant shall clarify the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BRIDGETOWER CROSSING SUBDIVISION / (PP-01-005) 8 general intent of this lot. (For example, will the pathway extend through this lot to connect with the Ten Mile sidewalk? Will it be accessible to employees of the office and commercial buildings?) d. The Planning and Zoning Commission and City Council strongly support the Master Pedestrian Pathway System shown in Figure 2 on Sheet LD.1, one addition shall be the micropath shown as Lot 15, Block 14 between the office complex and N. Montelino Way which does not connect to any path, a pathway shall be added within the 30-foot wide landscape area (Lot 22) that meanders north and connects with the pathway along the south side of Belltower Drive. e. The Site Landscape Development Plan (Sheet LD.1) shows a total of eight (8) storm water drainage basin ponds along the relocated White Drain riparian strip through the center of the project. Figure #3 is an elevation of the pond design. The Planning and Zoning Commission and City Council strongly support the "riparian zone plantings" being native species and the general concept of this stream. Some concerns about the water flow through this feature and the potential for stagnant water, mosquito infestations, moss build-up, etc. are apparent. Of particular concern is the third pond to the east (starting from Ten Mile Road), on the north side of W. Belltower Drive. The White Drain inlet is in the middle of the pond and the outlet is at the west end, creating a "dead" zone at the east end of the pond. All stormwater ponds shall be designed to reduce any potential stagnation, including provision of an irrigation pump to ensure adequate water flow and speed throughout the entire network. A mosquito abatement plan shall be in place and homeowner's informed appropriately. f. Applicant shall submit detailed grading plans of the stormwater ponds for review and approval by the Public Works Department with each Final Plat application. g. The stormwater pond slopes shall be designed with a minimum of 4:1 slope along the banks for public safety. h. Per the Landscape Ordinance (12-12-13 ), a minimum of one (1) deciduous shade tree per 8,000 sq. ft. shall be planted upon all FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BRIDGETOWER CROSSING SUBDIVISION / (PP-01-005) 9 -.r common open space lots. It appears all common lots meet or exceed this ordinance except the 6.99 acre park (Lot 3, Block 1). This common lot requires a minimum of 38 trees to be planted. Applicant shall account for this ordinance in the detailed landscape plan to be submitted with the Final Plat application. 6. Blocks & Easements a. The Coleman Lateral easement (Sheet 2 of 3) is shown to bisect and/or encroach upon several office and residential lots in Block 14 and Block 10. While not called -out on the plat, it appears this lateral shall be piped. The Applicant shall submit a copy of a letter from the appropriate irrigation district stating there are no foreseeable problems with this encroachment into the irrigation easement. Prior to signature on the Final Plat, submit a copy of an encroachment agreement granting the final approval of said building encroachments. b. A 40-foot irrigation easement is shown on the revised plat for the Settlers Canal along the south side of McMillan Road. It appears the adjacent lots are of sufficient depth to accommodate the 40-foot easement width. C. The Creason Lateral easement slightly encroaches into Lots 23-42, Block 1 (Phases 1 and 2). The Applicant shall submit a copy of a letter from the appropriate irrigation district stating there are no foreseeable problems with this encroachment into the irrigation easement. Prior to signature on the Final Plat, submit a copy of an encroachment agreement granting the final approval of said building encroachments. d. Applicant shall comply with Ordinance 12-4-6.D.2. regarding platting a perpetual six -foot -wide maintenance/drainage easement on the zero -lot -line townhome lots in Block 23. e. A note shall be added to the face of plat designating the two, 25-foot vehicular driveways that serve the commercial and office lots in Block 23 as a perpetual cross access easement shared between Lots 25, 26, 28 and 29, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BRIDGETOWER CROSSING SUBDIVISION / (PP-01-005) 10 L.i 11� Block 14 and shared between Lots 22, 23, 25, 26, 28, 31, 32, 34 and 36, Block 23. f. Lots 22, 23, 25 and 26, Block 23 and Lots 25 and 26, Block 14 (the proposed office lots) all have lot lines proposed that bisect rows of parking. Note that all required parking for office lots shall be provided on the legal lot of the building. These lot lines may need to be modified to accommodate the required parking. Applicant to modify these lot sizes accordingly to minimize any future need for Lot Line Adjustments, re -subdivision, etc. g. The 100-year floodplain encroaches into the rear 20 feet of Lots 15-19, Block 1. The Applicant shall ensure the future property owners are aware that no structures can be erected in this area. 7. Other Site Specific Requirements a. Add the "Right to Farm" note to the plat (in relation to the Huskey property SW of the subdivision). Adopt the Recommendations of the Central District Health Department as follows: 8. The Applicant's central sewage and central water plans shall be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 9. Run-off is not to create a mosquito breeding problem. 10. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 11. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BRIDGETOWER CROSSING SUBDIVISION / (PP-01-005) 11 N / Adopt the Recommendations of the Meridian Fire Department as follows: 12. Common areas shall be kept clean of trash and weeds. 13. No parking of vehicles, trailers or equipment in cul-de-sac. 14. All roads shall be installed before building is started with appropriate street name signs. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 15. The proposed project is in the review process and once all encroachments and drainage are addressed the District shall make a final comment on the project. Adopt the Recommendations of the Ada County Highway District as follows: 16. Applicant shall comply with conditions of AZ-01-003 set forth by ACHD. Additionally, the Applicant shall comply with the requirements from the City Council's action taken at their meeting held on Tuesday, July 3, 2001, as follows: 17. Applicant to coordinate with Tom Anderson the fencing that will go along the west property line of the Tom Anderson's property. By action of the City Council at its regular meeting held on the day of , 2001. ROLL CALL COUNCILMAN ANDERSON VOTED COUNCILMAN BIRD VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BRIDGETOWER CROSSING SUBDIVISION / (PP-01-005) 12 `.1 an COUNCILWOMAN deWEERD VOTED COUNCILWOMAN McCANDLESS VOTED MAYOR ROBERT D. CORRIE VOTED (TIE BREAKER) Copy served upon Applicant, The Planning and Zoning Department, Public Works Department and City Attorney. City Clerk Dated: \\NPA NTS40 PDC\SERVER_Z\Work\M\Meridian\Meridian 15360Wridgetower Crossing AZA1-003 PP01-005 CUM 1-006\FfClsOrdPP.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BRIDGETOWER CROSSING SUBDIVISION / (PP-01-005) 13 September 14, 2001 MERIDIAN CITY COUNCIL MEETING September 18, 2001 APPLICANT Primeland Development Company ITEM NO. REQUEST Findings tabled from September 4, 2001 -- Request for Preliminary Plat approval of 336 building lots and 58 other lots on 175.91 acres in proposed R-4 and C-G zones for propsoed Bridgetower Crossing Subdivisoin -- n/o Ustick Road and e/o Ten Mile Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS See attached Findings Contacted: Date: Cj `} Phone: y8k -3go4 Materials presented at public meetings shall become property of the City of Meridian. August 31, 2001 MERIDIAN CITY COUNCIL MEETING September A, 2001 PP 01-005 APPLICANT Primeland Development Company ITEM NO, 3- D REQUEST Findings tabled from August 21, 2001 -- Request for Preliminary Plat approval of 336 building lots and 58 other lots on 175.91 acres in proposed R-4 and C-G zones for propsoed Bridgetower Crossing Subdivisoin — n/o Ustick Road and e/o Ten Mile Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS See attached Findings OTHER: Contacted:y I ; ; Date: _ - 3IQa , �� i`1.�.��_� � � Phone: � � Mtrteriah presented CO pubtk meetieys stmN become property of the City of Meridian. August 17, 2001 PP 0 1 -005 MERIDIAN CITY COUNCIL MEETING August 21, 2001 APPLICANT Primeland Development Company ITEM NO. 3 - H REQUEST Findings tabled from August 8, 2001 -- Request for Preliminary Plat approval of 336 building lots and 58 other lots on 175.91 acres in proposed R-4 and C-G zones for propsoed Bridgetower Crossing Subdivisoin -- n/o Ustick Road and e/o Ten Mile Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: See attached Findings Contacted: j Tt a 1(_ } 4 1- Date: Phone: L40 - S ULy Materials presented at public meetings shall become property of the City of Meridian. August 3, 2001 PP 0 1 -005 MERIDIAN CITY COUNCIL MEETING August 8, 2001 APPLICANT Primeland Development Company ITEM NO. REQUEST Findings -- Request for Preliminary Plat approval of 336 building lots and 58 other lots on 175.91 acres in proposed R-4 and C-G zones for propsoed Bridgetower Crossing Subdivision - n/o Ustick Road and e/o Ten Mile Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS See attached Findings j , 6 2�,0 l j,6t' W, )uk/ OTHER: Contacted: E)ff >r i i E 1 ,0( 1 n Date: Phone: LA14 _ ,:�q 0H Materials presented at public meetings shall become property of the City of Meridian. •.. RECEIVED AUG 01 2001 interoffice City of Meridian MEMORANDUM City Clerk Office To: William G. Berg, Jr. From: Wm. F. Nichol Subject: PRIMELAND DEVELOPMENT CO., LLP FOR BRIDGETOWER CROSSING SUBDIVISION / PP FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT File: PP-01-005 Date: July 26, 2001 Will: Please find attached the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT, pursuant to action of the Council at their July 3, 2001 meeting. The Findings will be on the Council's agenda for August 7, 2001 meeting. Please serve conformed copies of the Findings upon the Applicant and the Planning and Zoning Department, Public Works and the City Attorney office, if Council approves the Findings. If you have any questions arise please advise. Z:\Work\M\Meridian\Meridian 15360M\Bridgetower Crossing AZO1-003 PPO1-005 CUP01-006\BergPPMem072601.doc September 28, 2001 PP 01-005 MERIDIAN CITY COUNCIL MEETING October 2, 2001 APPLICANT Primeland Development Company ITEM NO. REQUEST Findings tabled from September 18, 2001 -- Request for Preliminary Plat approval of 336 building lots and 58 other lots on 175.91 acres in proposed R-4 and C-G zones for propsoed Bridgetower Crossing Subdivisoin — No Ustick Road and e/o Ten Mile Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS BUREAU OF RECLAMATION: OTHER: �� L� Contacted: Date: Cj 1 ! a Phone: _L Materials presented at public meetings shall become property of the City of Meridian. P. i BECKY BOWCUTT PLANNING SERVICES October 2, 2001 City of Meridian Attn: Meridian City Council 660 E. Watertower Lane, Suite 200 Meridian, Idaho 83642 12715 W.Edna Ct. Boise, Idaho 83713 Phone : 494-3904 Fax: 376.8713 -R.y CFMD 0 C l if 2 22 0 I City of Meridian City Clerk MOO Re: Bridgetower Crossing Project (Additions to the Development Agreement and Findings of Fact & Conclusions of Law) Dear Council Members: I have reviewed the memo from Bill Nichols outlining the revisions to the Findings of Fact and Conclusions of Law for the Bridgetower Crossing project. I would like to discuss one item outlined in the memo and included in the draft documents. The problem language is as follows: "Other than a maximum number of residential lots not to exceed 692, and the concept of the mixed used and a school site, these findings do not approve any proposed layout of lots (other than the approved layout found in the Preliminary Plat Application Case No. PP-01-005 and Conditional Use Permit Application Case No. CUP-01-006.), nor are roadways, or school site approved in specific detail. Any future proposed layout of residential lots, mixed use, school site, and roadways will require submittal of all appropriate applications, including, but not limited to, preliminary plat or plats and conditional use permit or permits." This allows no assurance to my client that the concept has been approved by the Council. The Planned Unit Development provisions under the new Ordinance specifies: "A planned development may be submitted and processed as a concept plan. The applicant must specify on the application and the site plan that a concept approval is being requested. A concept approval is a statement by the City of Meridian that a general development plan including the arrangement of uses, density, location of major streets, open spaces, utilities, etc. is acceptable. A concept review allows the applicant to obtain approval of a general development plan without incurring the expense of detailed building plans until after concept approval. It provides the developer and the City with guidelines for the design of each phase of the project...." The City is encouraging planned developments and promoting creative designs with mixed uses, amenities and open spaces. However, the City will be sending a message with the language in these findings that there is no commitment on the part of the City for a concept approval. In designing the area included in the preliminary plat all storm drainage, roadway and sewer profiles are required. If substantial concept changes are mandated by the City in the future, all the infrastructure in the first preliminary plat could be deficient and require costly changes. I believe the City needs to reserve the right to the detailed approval under future conditional use permits for the commercial uses and for the future preliminary plat. However, some recognition that the concept in general is approved, should be reflected in the documents adopted by the City. OCT 02 ' 01 10: 56 oor_t ni The statement should read : "This project is approved in concept only. The concept includes: maximum number of residential lots not to exceed 692, mixed uses, school site, setbacks, roadway network, amenities and open space. The applicant recognizes that the approval is in concept only and that detailed approval shall he required by submittal of all appropriate applications, including, but not limited to, preliminary plats 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. Sincerely, Becky L. Btwcutt OCT 02 '01 10:56 u BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR BRIDGETOWER CROSSING SUBDIVISION, LOCATED NORTH OF USTICK AND EAST OF TEN MILE ROAD, MERIDIAN, IDAHO BY: PRIMELAND DEVELOPMENT CO., LLP APPLICANT C/C 07/03/01 Case No. PP-01-005 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on June 19, 2001 and continued until July 3, 2001, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing on behalf of the Applicant was: Becky Bowcutt, and appearing in opposition and/or with comments or concerns were: Margaretha English, Brian English, and Tom Anderson, and the City Council having received a report from Brad Hawkins -Clark, Planner for Planning and Zoning, and Bruce Freckleton, Engineering Technician III, 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 applicant having FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BRIDGETOWER CROSSING SUBDIVISION / (PP-01-005) 1 L submitted the "PRELIMINARY PLAT, BRIDGETOWER CROSSING SUBDIVISION, PARCELS OF LAND LOCATED IN SECTIONS 35 AND THE SW 1/4 OF SECTION 26, TOWNSHIP 4 NORTH, RANGE 1 WEST, B.M., ADA COUNTY, IDAHO, DWG DATE: 01/11/01 RLS, REVISION: 06-11-01, STAMPED DATE: JUN 12 2001,BY: bkb, SHEET 1 OF 3 PREL, DWG NO. 0805-PREL, \0805- PREL rls, BY: BRIGGS ENGINEERING, INC., BECI(Y BOWCUTT- PLANNER, PRIMELAND DEVELOPMENT CO., LLP, 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 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, Infrastructure Planning Analysis Comprehensive Plan and Map, adopted December 21, 1993, and the property is presently zoned Low Density Residential District (R-4) and General Retail and Service Commercial District (C-G), and requires connection to the Municipal Water and Sewer System. [Meridian City Code § 11-7-2 C and Ir,] 2. The preliminary plat is in conformance with the Comprehensive Plan FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BRIDGETOWER CROSSING SUBDIVISION / (PP-01-005) 2 City of Meridian adopted December 21, 1993, Ordinance No. 629. 3. It is determined that Urban Services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. 4. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions which are requested by the Planning and Zoning Administrator and the Engineering Technician III and as proposed by the developer as stated on the preliminary plat there will be public financial capability of supporting services for the proposed development. 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. 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 herein designated as: "PRELIMINARY PLAT, BRIDGETOWER CROSSING SUBDIVISION, PARCELS OF LAND LOCATED IN SECTIONS 35 AND THE SW 1/4 OF SECTION 26, TOWNSHIP 4 NORTH, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BRIDGETOWER CROSSING SUBDIVISION / (PP-01-005) 3 RANGE 1 WEST, B.M., ADA COUNTY, IDAHO, DWG DATE: 01/11/01 RLS, REVISION: 06-11-01, STAMPED DATE: JUN 12 2001,BY: bleb, SHEET 1 OF 3 PREL, DWG NO. 0805-PREL, \0805-PREL rls, BY: BRIGGS ENGINEERING, INC., BECKY BOWCUTT- PLANNER, PRIMELAND DEVELOPMENT CO., LLP, DEVELOPER". 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 of the applicant as evidenced by "PRELIMINARY PLAT, BRIDGETOWER CROSSING SUBDIVISION, PARCELS OF LAND LOCATED IN SECTIONS 35 AND THE SW 1/4 OF SECTION 26, TOWNSHIP 4 NORTH, RANGE 1 WEST, B.M., ADA COUNTY, IDAHO, DWG DATE: 01/11/01 RLS, REVISION: 06-11-01, STAMPED DATE: JUN 12 2001,BY: bkb, SHEET 1 OF 3 PREL, DWG NO. 0805-PREL, \0805-PREL rls, BY: BRIGGS ENGINEERING, INC., BECKY BOWCUTT- PLANNER, PRIMELAND DEVELOPMENT CO., LLP, DEVELOPER' is hereby conditionally approved; and 2. The conditions of approval are as follows to -wit: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BRIDGETOWER CROSSING SUBDIVISION / (PP-01-005) 4 09 1. The Preliminary Plat application for Bridgetower Crossing Subdivision (specifically Phases 1 and 2 on Sheet 3 of 3, dated 1/11/01, Blocks 1, 6, 7 and 8) shall supercede Phase 2 of the already approved Bridgetower Subdivision, approved by City Council in October 2000. The Applicant is proposing to modify the Bridgetower Subdivision preliminary plat with this Bridgetower Crossing preliminary plat. 2. Applicant shall obtain a letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 3. Public Works a. Coordinate fire hydrant placement with the City of Meridian Public Works Department. b. Sanitary sewer service to this site shall be via construction of a portion of the White Trunk and North Slough Trunk Lines. Applicant shall be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. C. Water service to this site is being proposed from extensions of existing mains. Applicant shall be responsible to construct the water mains to and through this proposed development. It is the City's desire to obtain a site for a new domestic well in the vicinity of the projects northwest corner. This well site (120'xl20') shall be located near the White Drain, somewhere within the commercial lots. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. Flow and pressure from the existing mains shall be monitored with the Meridian Water Department. d. The developer shall be responsible for the payment of sewer and water assessment fees, as well as the actual physical connection of the existing homes located within the boundaries of this subdivision. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BRIDGETOWER CROSSING SUBDIVISION / (PP-01-005) 5 e. Underground pressurized irrigation shall be provided to all landscape areas on site. Due to the landscape area, primary water supply connection to the City's mains shall not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by an association or an Irrigation District. If the system is being proposed as a private system, plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual shall be submitted prior to plan approval. f. The soils investigation report submitted with the application indicates that groundwater was encountered within the project site. Design engineer to provide a statement of compliance, prior to the approval of development plans, that certifies that the centerline finish grade of the streets, public or private, is at least three feet above the established normal ground water elevation. This is an effort to ensure that the building footings are at least one foot above the high groundwater. g. Applicant shall submit any updated soils/groundwater monitoring data collected since the initial investigation date. h. Applicant shall show all proposed permanent and temporary sanitary sewer construction easements on the preliminary plat map for the areas of future development. i. Lots 8-19, Block 7, and Lots 16-19, Block 3, are impacted by irrigation easements. Applicant shall provide a copy of the executed encroachment agreement with Nampa -Meridian Irrigation District, indicating how the land underlying these easements may be used, prior to signature on the final plat. If encroachment of the Creason Lateral is not granted, the easement area shall be removed from the building lots. The preliminary plat indicates an 8" sanitary sewer main exiting the southeast corner of Block 7. If Block 7 cannot sewer through the vehicular access Lot 54, a 20-foot wide common area lot shall be created and centered on the sewer main. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BRIDGETOWER CROSSING SUBDIVISION / (PP-01-005) 6 4. Streets/Pathways a. There is currently no stub street provided to the 9.16 acre enclave (consisting of 3 separate parcels with frontage on McMillan Road) that is not a part of this subdivision. Quintale Avenue shall be stubbed to the southern boundary of either the Anderson or Kelso property to provide for future connectivity when these parcels re -develop in the future. b. N. Towerbridge Way is the only ingress/egress access proposed to serve the 55 homes in Bridgetower Subdivision (Phase 1) and the 77 homes in Phases 1 and 2 of Bridgetower Crossing (132 homes total). The Applicant shall work with the Meridian Fire Department to determine whether a temporary emergency access point is necessary until such time as a secondary principal access is provided. C. The Applicant told Staff verbally that the W. Belltower Drive collector at Ten Mile Road, currently shown in Phase 3 of the plat, is likely to be constructed within 12-15 months to provide a second ingress/egress point for the subdivision. The White Drain Trunk is proposed to be laid within the Belltower Drive right-of- way. The Applicant shall coordinate the construction of Belltower Drive with the Public Works Department's plans for the White Drain Trunk construction. d. City Ordinance 12-4-12 states, "Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobiles) can be provided throughout the City urban service planning area." Since no front -on housing is permitted along Towerbridge, Belltower and Coppercloud (as Collectors), Applicant to coordinate with ACHD to provide bike lanes within the 50-foot right-of-way of both collectors. The bike lanes shall also provide increased safety and accessibility for children traveling to school should a future elementary school be constructed east of the subdivision. e. There are several micropath common lots proposed on the preliminary plat and CUP/PUD plans. As a condition of the plat, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BRIDGETOWER CROSSING SUBDIVISION / (PP-01-005) 7 M Applicant shall be required to construct open -vision fencing or four -foot -high solid fencing (max.) along both sides of any pathways. The developer shall place a deed restriction on the residential lots adjacent to these micropaths to prohibit the construction of any fencing on the residential lot higher than four feet on the sides adjacent to the pedestrian walkway lot. Applicant shall also consider placing a deed restriction on the townhome lots adjacent to the vehicular driveway shown as Lot 54, Block 23. 5. Landscaping/Fencing a. A permanent, six-foot high, solid fence shall be constructed along the following boundaries of the subject plat: * Full east boundary of the townhouse block (Block 23) * North boundary of Lot 13, Block 20 * South boundary of Block 14 (adjacent to the Huskey property) * West boundary of Block 10 (adjacent to the Huskey property) * East boundary of Lot 3, Block 1 Said fencing shall be constructed prior to applying for building permits in each phase. Submit detailed fencing plans for review and approval with submittal of the Final Plat. A letter of credit or cash shall be required for all fencing prior to signature on the Final Plat. No fencing is permitted within the required landscape buffers. b. A detailed landscape plan for the common areas, pathways, and types of construction shall be submitted for review and approval with the submittal of each Final Plat application. The landscape plan shall include sizes and species of trees, shrubs, berming/ swale details, and all proposed ground cover/treatment. A letter of credit or cash surety in the amount of 110% shall be required for all fencing, landscaping, pressurized irrigation, etc., prior to signature on the Final Plat. C. The Landscape Plan (Sheet LD.1) does not show any details for Lot 20, Block 23 (the open lot between the commercial and office lots fronting on Ten Mile Road). The Applicant shall clarify the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BRIDGETOWER CROSSING SUBDIVISION / (PP-01-005) 8 general intent of this lot. (For example, will the pathway extend through this lot to connect with the Ten Mile sidewalk? Will it be accessible to employees of the office and commercial buildings?) d. The Planning and Zoning Commission and City Council strongly support the Master Pedestrian Pathway System shown in Figure 2 on Sheet LD.1, one addition shall be the micropath shown as Lot 15, Block 14 between the office complex and N. Montelino Way which does not connect to any path, a pathway shall be added within the 30-foot wide landscape area (Lot 22) that meanders north and connects with the pathway along the south side of Belltower Drive. e. The Site Landscape Development Plan (Sheet LD.1) shows a total of eight (8) storm water drainage basin ponds along the relocated White Drain riparian strip through the center of the project. Figure #3 is an elevation of the pond design. The Planning and Zoning Commission and City Council strongly support the "riparian zone plantings" being native species and the general concept of this stream. Some concerns about the water flow through this feature and the potential for stagnant water, mosquito infestations, moss build-up, etc. are apparent. Of particular concern is the third pond to the east (starting from Ten Mile Road), on the north side of W. Belltower Drive. The White Drain inlet is in the middle of the pond and the outlet is at the west end, creating a "dead" zone at the east end of the pond. All stormwater ponds shall be designed to reduce any potential stagnation, including provision of an irrigation pump to ensure adequate water flow and speed throughout the entire network. A mosquito abatement plan shall be in place and homeowner's informed appropriately. f. Applicant shall submit detailed grading plans of the stormwater ponds for review and approval by the Public Works Department with each Final Plat application. g. The stormwater pond slopes shall be designed with a minimum of 4:1 slope along the banks for public safety. h. Per the Landscape Ordinance (12-12-13 ), a minimum of one (1) deciduous shade tree per 8,000 sq. ft. shall be planted upon all FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BRIDGETOWER CROSSING SUBDIVISION / (PP-01-005) 9 common open space lots. It appears all common lots meet or exceed this ordinance except the 6.99 acre park (Lot 3, Block 1). This common lot requires a minimum of 38 trees to be planted. Applicant shall account for this ordinance in the detailed landscape plan to be submitted with the Final Plat application. 6. Blocks SL Easements a. The Coleman Lateral easement (Sheet 2 of 3) is shown to bisect and/or encroach upon several office and residential lots in Block 14 and Block 10. While not called -out on the plat, it appears this lateral shall be piped. The Applicant shall submit a copy of a letter from the appropriate irrigation district stating there are no foreseeable problems with this encroachment into the irrigation easement. Prior to signature on the Final Plat, submit a copy of an encroachment agreement granting the final approval of said building encroachments. b. A 40-foot irrigation easement is shown on the revised plat for the Settlers Canal along the south side of McMillan Road. It appears the adjacent lots are of sufficient depth to accommodate the 40-foot easement width. C. The Creason Lateral easement slightly encroaches into Lots 23-42, Block 1 (Phases 1 and 2). The Applicant shall submit a copy of a letter from the appropriate irrigation district stating there are no foreseeable problems with this encroachment into the irrigation easement. Prior to signature on the Final Plat, submit a copy of an encroachment agreement granting the final approval of said building encroachments. d. Applicant shall comply with Ordinance 12-4-6.D.2. regarding platting a perpetual six -foot -wide maintenance/drainage easement on the zero -lot -line townhome lots in Block 23. e. A note shall be added to the face of plat designating the two, 25-foot vehicular driveways that serve the commercial and office lots in Block 23 as a perpetual cross access easement shared between Lots 25, 26, 28 and 29, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BRIDGETOWER CROSSING SUBDIVISION / (PP-01-005) 10 Block 14 and shared between Lots 22, 23, 25, 26, 28, 31, 32, 34 and 36, Block 23. f. Lots 22, 23, 25 and 26, Block 23 and Lots 25 and 26, Block 14 (the proposed office lots) all have lot lines proposed that bisect rows of parking. Note that all required parking for office lots shall be provided on the legal lot of the building. These lot lines may need to be modified to accommodate the required parking. Applicant to modify these lot sizes accordingly to minimize any future need for Lot Line Adjustments, re -subdivision, etc. g. The 100-year floodplain encroaches into the rear 20 feet of Lots 15-19, Block 1. The Applicant shall ensure the future property owners are aware that no structures can be erected in this area. 7. Other Site Specific Requirements a. Applicant shall revise the Legend on all Preliminary Plat sheets to correctly reflect the contour lines as dashed lines, not solid, as shown in the Legend. b. Applicant shall revise Sheet 1 of the plat to rename "Letup Canal" as "Settlers Canal." This is not the Lemp Canal. C. Add the "Right to Farm" note to the plat (in relation to the Huskey property SW of the subdivision). Adopt the Recommendations of the Central District Health Department as follows: 8. The Applicant's central sewage and central water plans shall be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 9. Run-off is not to create a mosquito breeding problem. 10. Stonnwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BRIDGETOWER CROSSING SUBDIVISION / (PP-01-005) 11 and surface water quality. 11. 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. Adopt the Recommendations of the Meridian Fire Department as follows: 12. Common areas shall be kept clean of trash and weeds. 13. No parking of vehicles, trailers or equipment in cul-de-sac. 14. All roads shall be installed before building is started with appropriate street name signs. Adopt the Recommendations of the Nampa &_ Meridian Irrigation District as follows: 15. The proposed project is in the review process and once all encroachments and drainage are addressed the District shall make a final comment on the project. Adopt the Recommendations of the Ada County Highway District as follows: 16. Applicant shall comply with conditions of AZ-01-003 set forth by ACHD. Additionally, the Applicant shall comply with the requirements from the City Council's action taken at their meeting held on Tuesday, July 3, 2001, as follows: 17. Applicant to coordinate with Tom Anderson the fencing that will go along the west property line of the Tom Anderson's property. By action of the City Council at its regular meeting held on the day of , 2001. ROLL CALL FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BRIDGETOWER CROSSING SUBDIVISION / (PP-01-005) 12 COUNCILMAN ANDERSON VOTED COUNCILMAN BIRD VOTED COUNCILWOMAN deWEERD VOTED COUNCILWOMAN McCANDLESS VOTED MAYOR ROBERT D. CORRIE VOTED (TIE BREAKER) Copy served upon Applicant, The Planning and Zoning Department, Public Works Department and City Attorney. Dated: City Clerk \\NPA_NTS40 PDC\SERVER_ Z\Work\M\Meridian\Meridian 15360M\Bridgetower Crossing AZ01-003 PP01-005 CUP01-006\FFC1s0rdPP.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BRIDGETOWER CROSSING SUBDIVISION/ (PP-01-005) 13 RECEIVED AUG 2 0 2001 interoffice CITY OF MERIDIAN MEMORANDUM To: Mayor Robert D. Corrie, ity Council Members, and William G. Berg, Jr. From: Wm. F. Nichols Subject: PRIMELAND DEVELOPMENT CO., LLP FOR BRIDGETOWER CROSSING SUBDIVISION / AZ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF ANNEXATION AND ZONING, DEVELOPMENT AGREEMENT AND CONDITIONAL USE PERMIT FINDINGS File: AZ-01-003 Findings and Development Agreement, and CUP-01-006 Date: August 20, 2001 Will: Concerning the above documents, Becky Bowcutt came to our office on Friday, August 17, 2001, with some revisions to the above application Findings. I have listed below the additional changes Becky has requested, and they are as follows: AZ Findings: 1. On page 4 number 13, it reads as follows: "13. The Applicant proposes to develop the subject property in the following manner: a large phased mixed use project involving 5 commercial lots, 259 single family residential lots, 59 townhouse lots, 8 office lots, 10 commercial lots and 58 common lots." The listed information is taken from the AZ application information, Becicy questions if this should be the whole project, including the CUP information, thus it would be for 692 lots, etc. 2. On page 5, number 2, it reads as follows: "2. The Applicant is proposing that seven (7) lots in the preliminary plat and Phase 1 annexation applications be approved as office lots (Lots 25, 26 and 29 of Block 14 and Lots 22, 23, 25, and 26 Block 23). However, the current Comprehensive Plan does not support the proposed C-G zoned lots. The Applicant is proposing the office lots be allowed as non -conforming uses in the R-4 zone under a new proposed PUD ordinance. Until either the PUD ordinance or Comprehensive Plan is formally amended, these seven (7) office lots cannot be approved for office use. The office lots shall be annexed with an R-4 zone but shall be restricted from obtaining any building permits until the lots are formally rezoned to the L-O zone or the PUD ordinance is amended. The Commission does support the concept of incorporating other uses besides residential as part of this development." Becky questions if this is just for the preliminary plat information, which is presently listed, or if the conditional use information should only be used, or if both the PP and CUP information should be added. 3. On page 12 and top of 13 under numbers 54 and 55, they read as follows: "54. Settlers Irrigation District will accept no drainage water from the proposed subdivision into the White Drain. Any water which originates as surface water runoff must be retained on the site of the development. Agricultural drainage water which currently discharges into the White Drain will continue to be accepted." "55. Any water storage facilities /ponds must be constructed in such a manner so that there is no connection with the White Drain." Becky informed our office that Settlers Irrigation District has verbally revised their position on numbers 54 and 55, and thus requests these two numbered items be eliminated. Our office did request Becky to obtain written documentation of the District pertaining to their revised verbal position. 4. The above matters would also apply in the ORDER of the AZ Findings. Development Agreement: l . On the bottom of page 4 and top of page 5 under 4.1, it reads as follows: "4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11-7-2 (C. and IC) which are herein specified as follows: Construction and development of a large phased mixed use project involving 5 commercial lots, 259 single family residential lots, 59 townhouse lots, 8 office lots, 10 commercial lots and 58 common lots." The above information presently listed is from the Preliminary Plat, Becky questions if this should come from the CUP. 2. Additionally, the above Recommendations of the AZ Findings would be inserted into the agreement if they are to be revised as above addressed. CUP FINDINGS: 1. On the top of page 4 typo instead of 5 townhomes, it should be 59 townhomes. 2. On page 5 under number, it reads as follows: "1. Variances/exceptions to the straight R-4 zoning standards that shall be required if this PUD is approved shall include the following: R-4 Standard Proposed Minimum frontage 80 feet 48 feet (townhome) 69 feet (S.F.R.) Minimum lot size 8,000 s.f. 5,500 s.f. (townhome) Maximum block length 1,000 feet 1,500+ feet Maximum cul-de-sac length 450 feet Various (see #3) -a/ Minimum building setbacks: - Interior side 5 ft. per story 0 lot line (townhome) - Front (non -front entry garage)20 feet 15 feet (S.F.R.) Tiling of White Drain (no Variance submitted) N/A Leave Open These reductions are within the scope of allowable changes under the PUD ordinance and reasonable. The majority of the S.F.R. lots in the PUD exceed the minimum R-4 lot standards. While not specified in the application, the White Drain shall be tiled according to Ordinance 12-4- 13. The Applicant is proposing to leave the drain open and utilize as an amenity, which the Planning and Zoning Commission and City Council support." Becky notes that the 20 feet and 15 feet should be reversed so that the 20 feet pertains to the Front entry garage, and the 15 feet pertains to the Side (non -front entry) garage. 3. On page 14 under number 1. under the DECISION AND ORDER, this would be the same as number 1 directly listed above. 4. On page 15 under number I., this would be the same as number 2 listed hereinabove. 5. Additionally, the ORDER of the CUP Findings would need to be revised to reflect any changes made within the CUP Findings. If you have any questions please give me a call. ZAWork\M\Meridian\Meridian 15360M\Bridgetower CrossingAZ0I-003 PPOI-005 CUP01-006\BergMayorCounci1081701.doc