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Bridgetower CUP 01-006
-CITY CLERK FILE CHECKLIST - Project Name: Bridgetower Crossing Subdivision Contact Name: Primeland Development, Co., LLP Date Received from Planning and Zoning Department: Planning and Zoning Level: ❑X Transmittals to agencies and others: X Notice to newspaper with publish dates: Certifieds to property owners: File No. CUP 01-006 Phone: 385-7310 February 16, 2001 Hearing Date: March 15, 2001 February 20, 2001 9-Mar-01 and 23-Feb-01 5iPlanning and Zoning Commission Recommendation: F)�] Approve ❑ Deny Notes: nPndline for cPrtifiPcls City Council Level: ❑ Transmittals to agencies and others: ❑ Notice to newspaper with publish dates: Hearing Date: ❑ Certifieds to property owners: ❑ City Council Action: ❑ Approve ❑ Findings / Conclusions / Order received from attorney on: Findings / Conclusions / Order: ❑ Approved by Council: ❑ Copies Disbursed: ❑ Findings Recorded Development Agreement: ❑ Sent for signatures: ❑ Signed by all parties: ❑ Approved by Council: ❑ Recorded: ❑ Copies Disbursed: Ordinance No. ❑ Approved by Council: Resolution No. ❑ Recorded: Deadline: 10 days ❑ Published in newspaper: ❑ Copies Disbursed: Notes: ❑ Deny R—kltb— Rgk C.Py Da t Mn,pbook Copy Res I Copt CM city clerk Gty Erg — City Plan..+ City Ado ey s rig wafers PrW& Flk D.p,4� Copy R. R 9rel CM Ada 14 (CPAB) Apphc (—'CPAs) Recorded Ordbanco: tgkml: ". k Copies b: Gity Clerk Sib Taz Come 8�,—, A�db . Aeee� � m COdi — City A y City Erg — City Planer f0)- ft APpkc (4 appll DeWH Cbk Fedegs /Orders: C g, i hendelmok Copesb'. Appfii— Projecifip City E.9i— City farmer city Am y Deputy Clerk Record V-1— R.Hr. s" Recorded (k-e prcM Agreements: Oipret. Fireproof Rl GOP_ b.App4rsrR "I'd file Gty En9reer City Earner City Abmey Deputy Gerk MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 - Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 LEGAL DEPARTMENT (208) 288-2499 - Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 - Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 - Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: March 8, 2001 Transmittal Date: February 20, 2001 Hearing Date: File No.: CUP 01-006 March 15, 2001 Request: Conditional Use Permit for 692 single-family lots, 59 townhomes, 17 office lots and 10 commercial lots on 370.55 acres in proposed R-4 and C-G zones for proposed Bridgetower Crossing Subdivision By: Primeland Development Co., LLC Location of Property or Project Sally Norton, P/Z Bill Nary, P/Z Jerry Centers, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service north of Ustick Road, east of Ten Mile Road Building Department Your Concise Remarks: Fire Department Police Department City Attorney City Engineer City Planner Parks Department (Residential Applications only) Gen - 26 PP/FP/PFP - 30 AZ - 27 Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department CITY OF MERIDIAN Planning & Zoning Department , n w 200 E. Carlton Avenue, Suite 201, Meridian, ID 83642 Cve?_p l_ 06(o (208) 884-5533 Phone / (208) 888-6854 Fax CONDITIONAL USE PERMIT APPLICATION gyp' Check here if Planned Development Application (RE: Meridian Zoning Ordinance - Section 11-17) APPLICANT: Primeland Development Co., LLP ADDRESS: I I I I S. Orchard, Suite 155 Boise Idaho 83705 PHONE: 385-7310 FAX: 385-7373 E-MAIL: N/A OWNER(S) OF RECORD: E. L. Bews Chandos Hodglund & Young Lands, Ltd. ADDRESS: (Bews) 5204 Sorrento Circle Boise Idaho 83704 (Hoaglun) 2430 Ustick Road, Meridian Idaho 83642 (884-5208) (Young) 2430 Ustick Road, Meridian, Idaho 83642 (888-5559) PHONE: (Bews) 867-1200 FAX: (Bews) 375-0750 E-MAIL: N/A ENGINEER, SURVEYOR, PLANNER: Becky Bowcutt Planning Services ADDRESS: 11283 W. Hickory Dale Boise Idaho 83713 PHONE: 484-3904 FAX: 376-8713 E-MAIL: Bowcuttb@a,hotmail.com ADDRESS, GENERAL LOCATION OF SITE: A portion of Section 35 T4N, RI W DESCRIPTION OF PRESENT USE: Agricultural with (4) existing single family dwellings & accessory DESCRIPTION OF PROPOSED CONDITIONAL USE: Planned Development consisting of 778 buildable lots (SINGLE FAMILY: 692 TOWN HOMES: 59 OFFICE: 17 & COMMERCIAL: 10) on 370.55 acres. PRESENT ZONE CLASSIFICATION: RUT & R-4 I have read the information containekerein and certify the information is true and correct. APPLICANT'S SIGNA SOCIAL SECURITY NUMBER: 6 tp(o-4po—&4p 5"'L 0805\CUP APP 1 / O /ri 1N) CONDITIONAL USE APPLICATION BRIDGETOWER CROSSING SUBDIVISION 1. Application attached. 2. Legal description attached. 3. Warranty deed attached. 4. Notarized consent attached. Primeland Development Co., LLP incorporation document is on file at the Zoning Department in the Bridgetower Subdivision file. 5. Vicinity map is attached. 6. Planned Development site plan is attached. 7. The conditional use request is for approval of a "Conceptual Planned Development" application. Building elevations are not required as part of this application. Site specific conditional use applications will be required for the office, commercial and town home uses. At that time detailed building plans with materials and color specifications will be required. 8. 81/2 X 11 of the site plan is attached. 9. List of property owners within 300' is attached. 10. The applicant is requesting approval of a (895) lot development consisting of (690) single family residential lots, (2) residential lots to accommodate the existing homes, (59) town home lots, (10) commercial lots and (17) office lots. Common area includes: (114) landscape, pedestrian path and drainage lots, (1) homeowner's recreation center lot, (1) park lot and (1) cemetery lot. The subject property consists of 370.55 acres and the proposed density is 2.25 dwellings per acre. The applicant is creating loop streets which provide smaller neighborhoods within a neighborhood. Three collector roadways are provided to accommodate the traffic generated by this development and by future development. The applicant has provided 14.9% open space consisting of 55.23 acres. The 10% required open space constitutes 37.06 acres. In the eligible Page 1 CONDITIONAL USE APPLICATION BRIDGETOWER CROSSING SUBDIVISION open space calculation (1.91 ac.) was eliminated because this area needed to be allocated to Bridgetower No. 1 open space calculation and (5.14 ac.) was eliminated because this area is required for arterial buffers. The eligible open space area is (48.18 ac.) or 13%. A Homeowner's recreation center with a clubhouse and pool will be constructed by the applicant. This is located in the center of the development and will compliment the other recreation center proposed as part of Bridgetower No. 1 in the south end of the overall project. The applicant is proposing a pathway system network which links the single family residential pockets with open space, recreation centers, water amenity, office, commercial, town homes, school site and other residential pods. This system consists of off -set sidewalks along the collector, pathways along the waterway, micro -paths and pathways on the Creason Lateral lot. This network will create multiple opportunities for walking, jogging, biking and roller blading for the future residents of this development and the community as a whole. The applicant intends to improve a private park in south area with sprinklers, grass and trees. Existing trees will try to be retained if their condition is acceptable. The area of the park has been increased from the previous PUD. The park area was approximately (4) acres without the club house and it has been increased to approximately (7) acres. The single family area meets all lot size standards of the R-4 zone, except the (80) foot frontage requirement. The applicant is trying to provide lots with larger depths. These depths range from 114 feet to 158 feet. We believe the amenities provided (clubhouse, pathways and open space) offset the frontage reduction. The applicant is trying to provide a variety of lot and home sizes. A town home area (12.8 ac.) is proposed with 59 units. These units will be single story with some driveways entering on the side of the building. The differing driveways breaks up the front elevation and creates the appearance of a single family dwelling. I will provide pictures at the public hearing which demonstrates this technique. The town homes have Page 2 CONDITIONAL USE APPLICATION BRIDGETOWER CROSSING SUBDIVISION been proposed along the periphery of the development between the commercial and the single family. Good planning principles promote transitional uses where commercial and single family are in close proximity. We believe we have accomplished this with our town home design. The town homes be constructed in pods of two units with the exception of one or two pods since we have an odd number of units. The town home will also provide housing for older citizens who enjoy convenient access to shopping and essential services. This planned development proposal is utilizing the new proposed ordinance. The ordinance allows for non -conforming uses to be integrated into a project, when those uses compliment the primary use. Under this premise, the non -conforming uses cannot exceed 20% of the gross area. This project utilizes 13.26% of the gross area in its exception. The area is 49.14 acres and is located along the Ten Mile, Linder and Mcmillan intersection frontage. These uses can be categorized as neighborhood office and commercial. The suggested uses are grocery store, dry cleaners, banks, video stores, beauty salon, deli, pizza shop, C-store, flower shop, medical office, dentist, chiropractor, accountant or orthodontist. All of these suggested uses would provide essential services to the proposed residential development. 8. The present zoning designation is RT (Rural Transition). The proposed zoning request is R-4 (Low Density Residential). 9. This conditional use is the second step in a large mixed use project. Our intent is to provide multiple lot sizes in the overall development. We believe character and style created by this project will establish a high standard for the other development. The applicant is providing extensive landscaping within the project and creating a unique neighborhood. 10. The applicant understands and agrees to pay any sewer, water, or trash fees, if any, associated with this project. Page 3 CONDITIONAL USE APPLICATION BRIDGETOWER CROSSING SUBDIVISION 11. I, Becky Bowcutt, have prepared this application and hereby verify that all the information contained here is true and correct. The applicant has reviewed this application and confirms that the information is correct. 12. I, Becky Bowcutt, will post the subject property (1) week prior to the public hearings. Page 4 DESIGN DRAFT BKB sir MINOR i w�MUM ROAD BRIDGESUBDIVRISIOCROSSING PARCELS OF LAND LOCATED IN SECTION 35. TONNSHIP 4 NORTH. RANGE T NEST, B.M. ADA COUNTY. IDAHO LEGAL DESCRIPTION FOR P.U.D. BRIDGETOWER CROSSING SUBDIVISION January 9, 2001 Parcels of land located in Section 35, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: PARCELI A parcel of land located in the S '/z of Section 35, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the southeast corner of the southwest'/4 (south '/4 corner) of Section 35, Township 4 North, Range 1 West, Boise Meridian; thence N 00°26'55" E 25.00 feet along the east line of said southwest'/4 to a point on the northerly right-of-way of Ustick Road, the REAL POINT OF BEGINNING of this parcel description; Thence N 89'1623" W 685.54 feet along the northerly right-of-way of Ustick Road to a point; Thence N 0600343" E 406.34 feet to a point on the southerly right-of-way of Five Mile Creek; Thence S 62008'33" E 887.82 feet along said southerly right-of-way to a point on the northerly right-of-way of Ustick Road; Thence N 89014'22" W 142.37 feet along said northerly right-of-way to the REAL POINT OF BEGINNING of this parcel description, said parcel comprising 3.84 acres, more or less. PARCELII A parcel of land located in Section 35, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the southwest corner of the SE '/4 (South '/a corner) of Section 35, Township 4 North, Range 1 West, Boise Meridian; thence N 00°26'55" E 255.75 feet along the west line of said SE'/4 to a point on the northerly right-of-way of Five Mile Creek, the REAL POINT OF BEGINNING of this description; Thence N 62°08'33" W 115.98 feet to a point on the easterly boundary of Bridgetower Subdivision No. 1; Along said easterly boundary the following: Thence N 28°00'00" E 308.30 feet to a point; Thence N 14°35'53" E 75.29 feet to a point on a curve; Thence along a curve to the right 9.86 feet, said curve having a radius of 75.00 feet, a delta angle of 07031'56", tangents of 4.94 feet, and a long chord bearing N 65°45'58" W 9.85 feet to a point of tangency; Thence N 62°00'00" W 149.59 feet to a point; 0805/0805.pud.des.doc Thence N 20°05'20" W 26.72 feet to a point on a curve; Thence along a curve to the left 11.83 feet, said curve having a radius of 400.00 feet, a delta angle of 01 041'40", tangents of 5.91 feet, and a long chord bearing N 20°58'30" E 11.83 feet to a point; Thence N 69°52'20" W 50.00 feet to a point; Thence N 65017'12" W 47.78 feet to a point; Thence N 65°00'00" E 33.54 feet to a point; Thence N 06000'00" E 99.98 feet to a point; Thence N 10059'49" W 118.84 feet to a point; Thence N 29°01'27" W 218.46 feet to a point; Thence N 58059'15" W 173.32 feet to a point; Thence N 89'13'09" W 238.49 feet to a point; Thence N 00033'35" E 1332.93 feet to a point on the south line of the NW'/4 of said Section 35:. Thence N 89'10'54" W 1942.21 feet to a point on the east right-of-way of Ten Mile Road; Thence N 0005319" E 2605.96 feet along said east right-of-way to a point on the south right-of- way of McMillan Road: Thence S 88058'19" E 1276.51 feet along said south right-of-way to a point; Thence S 00040'08" W 1027.74 feet to a point; Thence S 73015'55" E 356.10 feet to a point; Thence S 42032'55" E 86.96 feet to a point; Thence N 02046'51" E 760.04 feet to a point; Thence N 87013'09" W 133.08 feet to a point; Thence N 02046'51" E 423.56 feet to a point on the southerly right-of-way of McMillan Road; Along said southerly right-of-way: Thence S 88058'19" E 989.13 feet to a point; Thence S 89028'07" E 2600.65 feet to a point on the west right-of-way of Linder Road; Leaving said southerly right-of-way: Thence S 00015'17" W 1292.34 feet along said west right-of-way to a point; Thence N 89019'30" W 1290.02 feet to a point; 0805/0805.pud.des.doe Thence S 00021'07" W 1314.10 feet to a point; Thence S 00021'10" W 1319.36 feet to a point; Thence S 89012'38" E 165.53 feet to a point; Thence S 00°26'55" W 1254.26 feet to a point; Thence N 89014'22" W 1113.23 feet to a point on the north right-of-way of Five Mile Creek; Thence N 62008'33" W 418.77 feet along said north right-of-way to the REAL POINT OF BEGINNING of this parcel description, said parcel comprising 366.71 acres, more or less. 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North 89°52' West 1,231. within ALSO EX CEPTING THEREFROM any portion of said property lying USTICK ROAD EXHIBIT "A" A tract of land in the Northwest Quarter of Section 35, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more fully described as follows: Beginning at the North quarter corner of Section 35, Township 4 North, Range 1 West, Boise Meridian, which point is the REAL POINT OF BEGINNING; thence running North 89045110" West along the North boundary of the above said Section 35 a distance of 988.11 feet to a point; thence running South 02000100"West a distance of 448.57 feet to a pointy thence running South 88°00'00" East a distance of 133.08 feet to a point; thence running South 02000100" West a distance of 755.42 feet to a point in a drain ditch; thence running along the drain ditch, South 42036125" East a distance of 349.48 feet to a point; and thence running South 75020,100" East a distance of 689.60 feet to a point; thence leaving the drain ditch running North 00013152" West a distance of 1635.48 feet to the REAL POINT OF BEGINNING. . LESS AND EXCEPTING any portion lying within MCMILLAN ROAD. EXHIBIT "A" PARCEL I: A parcel of land lying in the Northeast Quarter of the Southwest Quarter of Section 35, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Northeast corner of the Southwest Quarter (center 1/4 corner) of Section 35, Township 4 North, Range 1 West, Boise Meridian, the REAL POINT OF BEGINNING of this description; thence South 00010149/1 East 660.00 feet (formerly South 40 rods), along the east line of the Southwest Quarter to a point; thence North 89048137/1 West 330.00 feet (formerly West 20 rods), parallel with the North line of the Southwest Quarter to a point; thence North 00010149" West 660.00 feet (formerly North 40 rods) , parallel with the East line of the Southwest Quarter to a point on the North line of the Southwest Quarter; thence South 89048137" East 330.00 feet (formerly East 20 rods), along the North line of the Southwest Quarter to the REAL POINT OF BEGINNING of this description. PARCEL III: A parcel of land lying in the East half of the Northwest Quarter of Section 35, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Southeast corner of the Northwest Quarter (center 1/4 corner) of Section 35, Township 4 North, Range 1 West, Boise Meridian, the REAL POINT OF BEGINNING of this description; thence North 89048137" West 1311.39 feet (formerly North 89054' East 1308.5 feet), to the Southwest corner of the East half of the Northwest Quarter (center -west 1/2 corner); thence North 00002121" East 1573.58 feet (formerly North 00005' West 1575.8 feet), along the West line of the East half of the Northwest Quarter to a point; thence South 73053139" East 356.04 feet (formerly South 74001' East 356 feet) to a point; thence South 43010139" East (formerly South 43018' East) 434.00 feet to a point; thence South 75012139" East 691.06 feet (formerly South 75020' East 689.6 feet), to a point along the East line of the Northwest Quarter; thence South 00010149" East'986.27 feet (formerly South 00013' East 989.6 feet) along the East line of the Northwest Quarter to the REAL POINT OF BEGINNING of this description. 1 PA'�F 2 THENCE NOROF SAID TH o DEGREE 33'35" EAST 1,307.93 FEET TO THE NOk-.iWEOF ST CORNER SAID EAST ;EAST HALF; THENCE 50UTH 89 DEGREES 10'54" EAST 325.74 FEET ALONG THE NORTH LINE HALF TO A POINT; THENCE SOUTH 0 DEGREES 26'55" WEST 660.00 FEET TO A POINT; THENCE SOUTH 89 D EGRESS 10'54" EAST 330.00 FEET TO A POIN-r ON THE EAST LINE EAST HALF EAST' HALF; THENCE $0U TH 0 DEGREE 26'55" WEST 413.36 FEET ALONG THE EAST LINE OF SAID TO A POINT; THENCE NORTH 68 DEGREE wESTS229.15gFEET ETO A POINT; POINT;T To A THENCE $Oi1TH 0 DEGRE13'�b" EASY 162.95 FEET TO A POINT ON THE EAST LINE OF SAID THENCE MUTH 89 DEGREES EAST HALF; 'S5" WEST 4.96 ALONG SAID LINE TO THE REAL POINT OF THENCE 501jTH 0 DEGREES 26 BEGINNING OF THIS DESCRIPTION. END OF LEGAL DESCRIPTION AUG- r7 000 1 c BR i Gum NU I FiEER I +u P . 01 AFFIDAVIT OF LEGAL INTEREST STATF OF 1DA 0 ; 9 COUNTY OF ADA } sr acne --- (addresus, - -- iei� �g first duly sworn upon (city, (:state} oath, depose and say - That I am the record owner and/or representative of the property described on the attached, and I grant my permission to e-0•1-- L L P to sign and submit the accompanying application pertaining to that property 2. 1 agree to indemnify, defend and 'hold the Lity of Meridian and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this day of 2001 (Signature) SUBSCRIBED Atl;�tl to before me the day and year first above written. RID �O'TA a 00, OCOOD°° w C OF t� P000 IFA NP ublic .0 pl.hi. _ �. r . - :27AW _.r=FIDAVIT OF LEGAL INTEREST _ STATE OF IDAHO COUNTY OF ADA I (city) ss e (,46t /1 q /u� .;IWo 4CX-77GK- ,d-D Address d �3�P�z , being first duly sworn upon (state) oath, depose and say: 1. That I am the record owner of the property described on the attached, and I grant my permission to PR��t�D DEt/Et�P�t��l T c°.d. c.L P (name) (address) �Yf /65, to submit the accompanying application pertaining to that property. 2. 1 agree to indemnify, defend and hold the City of Meridian -and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this 4�C— day of SUBSCRIBED AND SWORN to ,,before me the day and year first above written. ,e, CA L. Bpi• a gm�A �OTAR n @ O � ♦ y �U J ` `v L J? a rei;:rssrrrra���, 4Ntary Public or Idahoding at My Commission Expires: 5 AFIDAVIT OF LEGAL INTEREST — STATE OF IDAHO COUNTY OF ADA I Name 1t644o/*A! (city) ss D. �614itli (state) Address being first duly sworn upon oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to ��� �,d-�l� �E✓mac �i�f-�lT c.o. l-P (name) (address) J�t -e7r- /-55, 646 ::ry f37os to submit the accompanying application pertaining to that property. 2. 1 agree to indemnify, defend and hold the City of Meridian and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this day of d .. a , 0 VW -% SUBSCRIBED AND SWORN to belie me the day and year first above written. �No/t�Publrlc f Idaho Residing at r My Commission Expires: Z� IIN r %mum L a is Y aI y M a I 01 it / 44 ♦�'Y \ a _ _ u J a 5 t g r Y x s m s t p ♦ Y v a 1 \ _ � ♦ 4 I Jillfar' LJill i n w urr oEVELJD T f� nan .raa. euarmwa.ro. - - BRIDGETOWER CROSSING � � , � : � T T -R R SUBDIVISION Y i x � p s,. Y s• � � s 1 F 1 ga 4 Q K d i • a ♦ � i. a s: s I ' i • i Y Y Y s i e Aff 1 III fKs M M- fK fd ,y uC a fKY If( V Iffy m 1 C ' +• ,K +K fw Id y ffr w I.r 1 �� a � � •� Ifr y i 19_ I I Id s i � 1 J,II at 1 r fo Y fs � _ _ "• Y Y I y i i y y i i Y i Y 1 I • - _ i a i _ 4 1 e $ i 3 i if i Ja Jill 1p _ #[l fE.5sLG5:.5 Wi aaYE Jill SSi� .■�■ f all - Y n•••• en•a�wa ue. 1� BRIDGS�UBDIVSlON��G il'�i�l�iZI ii �� A Jill a�■H �yrb ( ; itlg -' t t }}¢¢ w \ Jim JIM 6 I I 1 , wrr Pa ■ * -------------- j � 11��t 1 1 1 111 0-11 1 ?I r` xr �IIII w �IIIII � 'R' x ♦ a ��— „, � � s j11111 - - n I1 III lk I e C "DOW -per— .w } 1!/ awalr Pa[ ■q ' � g �•T —Z i 19(;if F( ><��#i,�� €� �� till Y MMHOO u T o[r¢ovulo�r SIT[ VL.W ■NYo■■MB■IYMI&MC. _� 9 �� � +� t + y BRMGETOmWm CROSSING 12� SUBDIVISION Bala a a �Fap �t � — — — — — — — — — EL£L-'AK (900 .xej ®I£L-59£ (¢mi) `add u m,�d 90LN 04PPI 'as!og oyepl 'u2!ppaw c — — — — — — — — — — — — — — — — — — — — — — — — - - , : ^ "" °°"'� ° ^ 951 a1!^9 0 "S IIII dll `� uswdolanad puelawl d uo!s!n!r �u!ssor� ramaaa6p!)g `J wuiU �f I" AWNW'@li �� m > Q C, Q azw ww.x c« ....+'di9e^hlBf{ P13d0�3�3a Y a�maaa+ J0 tj a Z H F9� SJ � l.(1 i Vgpj� 1�yy �pp�$7 aew aw ray W Y �gg�B t3t7t7t3C�C� ow Qj OVEN ll 1TV L�w9teidrAh'a� i a gyp}j it tl� t ��� £L£L-58£ (got) W% 01£L-58£ (20t) :1 _5ml8 o4Pl'aelog a lvao�laS'P'Kpn o'S All m `00 naa puelawkl 71G.49AIZLIM a3do 3 oyepl 'uelpaw �uiseor)ramoI9pPG gv p rwwre ind yaararr�d qq v j dMil £L£L-SB£ (WZ) :x94 ml£Lfi-589£!�ept'aSpl ue!p!aW SOL4 , a11rS'pjv4jo'S till UOISIAIpC 'ISSOYJ dmO'q�711g v vows ^+ dll '00 }uamd619na4 puala4075 "Va 7iGN b3WIJ l irw ui a � T0'uwaq m WMW G Q p ��jj gg9 99 k9 Y9 Kp �l r r{ BRIDGETOWER CROSSIN6SUBDIVISION (PUD) PROPERTY OWNERS WITHIN 300' BEWS E L BEWS SHIRLEY G 5204 N SORRENTO CIR BOISE ID 83704-2347 3450 W MCMILLAN RD 5160 N TEN MILE RD 4785 N TEN MILE RD N TEN MILE RD W MCMILLAN RD 4755 N LINDER RD E MCMILLAN RD 2280 W USTICK RD 2510 W USTICK RD GIBSON DANIEL G JR GIBSON CAROLYN A 19500 HIGHWAY 2026 CALDWELL ID 83605-8770 2780 W MCMILLAN RD FULFER KELLY G & FULFER BRENDA M 2350 W MCMILLAN RD MERIDIAN ID 83642-5148 W MCMILLAN RD 4785 N TEN MILE RD FULFER JACK G 1942 W MCMILLAN RD MERIDIAN ID 83642-0000 DUDGEON HAZEL M 4895 N LINDER RD MERIDIAN ID 83642-5109 SETTLERS IRRIGATION DIST PO BOX 7571 BOISE ID 83707-1571 GOLDSMITH MARTY 4550 W STATE ST BOISE ID 83703-0000 N LINDER RD JOHNSON C FRANK & JEAN E TRST JOHNSON C F & J E CO -TRUSTEES 4010 W USTICK RD MERIDIAN ID 83642-5483 W USTICK RD WOODBURY LEE B & WOODBURY JILL 4365 N TEN MILE RD MERIDIAN ID 83642-5401 RASMUSSEN BRENT 4315 N TEN MILE RD MERIDIAN ID 83642-5401 4375 N TEN MILE RD RUDD ELIZABETH A 4255 N TEN MILE RD MERIDIAN ID 83642-0000 RISNER GARY RAY 4115 N TEN MILE RD MERIDIAN ID 83642-0000 KING -WINE JERRI A 4065 N TEN MILE RD MERIDIAN ID 83642-5475 HART DONALD G & HART DORIS M 4015 N TEN MILE RD MERIDIAN ID 83642-5475 ANDERSON THOMAS S & ANDERSON LORETTA L 2795 W MCMILLAN RD MERIDIAN ID 83642-5156 RUPP DALE L RUPP DOROTHY HC it BOX 9B KAMIAH ID 83536-9401 W MCMILLAN RD RUPP GARY BRENT RUPP TYNAGH 2695 W MCMILLAN MERIDIAN ID 83642-0000 W MCMILLAN RD 2695 W MCMILLAN RD KELSO DONALD H & KELSO BONNIE M 2745 MCMILLAN MERIDIAN ID 83642-0000 YOUNG LANDS LTD 2420 W USTICK RD MERIDIAN ID 83642-5428 W USTICK RD BRINEGAR E E BRINEGAR VIRGINIA K 5190 N LOCUST GROVE RD MERIDIAN ID 83642-0000 4345 N LINDER RD HUSKEY LEONARD RALPH 3630 N TEN MILE RD MERIDIAN ID 83642-5408 HOWELL-MURDOCH DEVELOPMENT CORPORATION 1087 W RIVER ST STE 250 BOISE ID 83705-0000 N LINDER RD HOAGLUN BRAD & CHANDOS 2420 W USTICK RD MERIDIAN ID 83642-5428 USA 1150 N CURTIS RD BOISE ID 83706-1234 W USTICK RD STUBBLEFIELD CONSTRUCTION CO INC PO BOX 327 MERIDIAN ID 83680-0327 N LINDER RD 1938 W PEBBLESTONE ST 1910 W PEBBLESTONE ST 1884 W PEBBLESTONE ST GLENN JOHNSON HOMES INC 2424 S MAPLE GROVE RD BOISE ID 83709-0000 3340 N TEN MILE RD SCHAFER JOHN D & TAMARA L 2788 W USTICK RD MERIDIAN ID 83642-5428 MARCUS CRAIG MARCUS BARRY 737 N 07TH ST BOISE ID 83702-0000 W USTICK RD WATSON WARREN A SR 1680 W USTICK RD MERIDIAN ID 83642-5481 EBBINGHAUS JOHN R SR & EBBINGHAUS NANCY J 22506 ALISO DR LAKE FOREST CA 92630-5503 1437 W MCMILLAN RD ENGLISH BRIAN L & ENGLISH MARGARETHA M 4650 N LINDER RD MERIDIAN ID 83642-5451 CONVERSE ALAN K & CONVERSE TAWNYA S 4550 LINDER RD MERIDIAN ID 83642-0000 FISHER FRANK N & FISHER ANDREA K 4450 N LINDER RD MERIDIAN ID 83642-5416 N LINDER RD 4450 N LINDER RD HOWARTH CHARLES H & TONIA L 4120 N LINDER RD MERIDIAN ID 83642-5416 ASCHENBRENNER JAMES J 2515 W USTICK RD MERIDIAN ID 83642-5482 BELL JOSEPH A & BELL JENNIFER J 2706 W PEBBLESTONE CRT MERIDIAN ID 83642-0000 BONNING ROBERT W BONNING ANGELA M 2650 W PEBBLESTONE CRT MERIDIAN ID 83642-0000 CROWLEY ROSALEE TRUST CROWLEY RONNIE GLEN TRUSTEE 2422 SUNSHINE DR BOISE ID 83712-0000 2624 W PEBBLESTONE CRT JENSEN NANETTE C & JENSEN THAYNE R 2606 W PEBBLESTONE CT MERIDIAN ID 83642-7503 FAUSETT CRAIG W & FAUSETT SHARON C 2588 W PEBBLESTONE CT MERIDIAN ID 83642-7502 N%..ol ...i THIBAULT TED J & CASH RONALD L THIBAULT ALISA M 2156 W PEBBLESTONE ST 2554 W PEBBLESTONE CT MERIDIAN ID 83642-1399 MERIDIAN ID 83642-7502 WALTERS J SCOTT & FIELDSTONE MEADOWS HOA INC WALTERS NOELLE K PO BOX 1960 2128 W PEBBLESTONE ST BOISE ID 83701-0000 MERIDIAN ID 83642-0000 N FIELDSTONE WAY CHANDLER AARON J & TUMBLE CREEK HOME OWNERS ASSOC CHANDLER SARA E 641 W FRANKLIN RD 2110 W PEBBLESTONE ST MERIDIAN ID 83642-0000 MERIDIAN ID 83642-0000 W USTICK RD N MARBURG AVE LEHMAN ROBERT J & N GLENNFIELD WAY LEHMAN JANA L 2066 PEBBLESTONE ST WESTROCK HOMES INC MERIDIAN ID 83642-0000 4643 E BOWMONT ST MERIDIAN ID 83642-0000 LLOYD GEORGE E W USTICK RD 2042 W PEBBLESTONE ST MERIDIAN ID 83642-0000 GRITZMACHER THOMAS J & GRITZMACHER PEGGY L MACHADO DAVID A AND 2344 W PEBBLESTONE ST EARL ANGELA K MERIDIAN ID 83642-0000 2020 W PEBBLESTONE ST MERIDIAN ID 83642-0000 DUE ROGELIO 2320 W PEBBLESTONE ST HOWARD FRANK R & MERIDIAN ID 83642-0000 HOWARD MARCIA R 2000 W PEBBLESTONE ST MITCHELL EILEEN M MERIDIAN ID 83642-0000 2298 W PEBBLESTONE ST MERIDIAN ID 83642-0000 BADE DANNY P BADE MELVA J COLLINS JENNIFER 1988 W PEBBLESTONE ST 2260 W PEBBLESTONE ST MERIDIAN ID 83642-0000 MERIDIAN ID 83642-0000 YAGER BARRY L PUGMIRE NATHAN D 1964 W PEBBLESTONE UNKNOWN ADDRESS MERIDIAN ID 83642-0000 ID 00000-0000 2234 W PEBBLESTONE ST KELLY TIMOTHY J & KELLY SUSAN M BARNHART RYAN J 2551 W PEBBLESTONE CT BARNHART SARAH M MERIDIAN ID 83642-7502 2212 PEBBLESTONE MERIDIAN ID 83642-0000 ANDERSON JAMES EDWARD 2659 W PEBBLESTONE CT MERIDIAN ID 83642-7503 MOORHOUSE AARON & BARKER REESE FRANK & MOORHOUSE CRYSTAL BARKER JANA LYNN 2180 W PEBBLESTONE ST 2633 W PEBBLESTONE CT MERIDIAN ID 83642-0000 MERIDIAN ID 83642-7503 m SC1 WARTZ JON F 2617 W PEBBLESTONE CT MERIDIAN ID 83642-7503 OLIVER ROBERT 2595 W PEBBLESTONE CRT MERIDIAN ID 83642-0000 SWENSON ROYAL SWENSON DAVID 2563 W PEBBLESTONE CT MERIDIAN ID 83642-7502 MCCLOY STEVEN A 3101 N MARBURG AVE MERIDIAN ID 83642-0000 becy I BOWCLLt+ IlZ83 W. �{iLKorY Dale boi5e, ID 1 AFFIDAVIT OF ACCURACY STATE OF IDAHO ) COUNTY OF ADA ) I, Becky Bowcutt 11283 W. Hickory Dale Drive (name) (address) Boise Idaho 83713 being first duly sworn upon (city) (state) oath, depose and say: That I prepared the attached applications and the information contained is true and correct. Dated this day of SUBSCRIBED AND SWORN to before me the day and year first above written. �'�pt"UOlj KiQooQ�p �°ev� 0C� 0805\affid-accuracy II :.� �1... • . • •. • — ��o s' My Commission Expires: Lo AFFIDAVIT OF POSTING STATE OF IDAHO ) COUNTY OF ADA ) § I, Beck Bowcutt 11283 W. Hicko Dale Drive (name) (address) Boise Idaho 83713 being first duly sworn upon (city) (state) oath, depose and say: I personally posted the subject property with the hearing notice sign one week prior to the public hearing for the annexation planned development (CY) and prel_t y plat of Brid etower Crissing Subdivision Dated this 1 L day of 0805\affid-posting 20 -r-�4 SUBSCRIBED AND SWORN to before me the day and year first above written. OPINION! IIIIIIIII My Commission Expires: a P ti i V Y✓Yl. WARRANTY DEED For Value Received paid by an Accommodator pursuant to an IRC S1031 Exchange Parcel I: Youngs Land, LTD, also shown as Young Lands, LTD. and Parcel III: Young Lands, LTD., a limited partnership hereinafter referred to as Grantor, does hereby grant, bargain, sell, and convey unto E. L. Bews and Shirley G. Bews, husband and wife hereinafter referred to as Grantee, whose current address is 5204 Sorrento Circle - Boise, ID 83704 the following described premises, to -wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. To HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, his heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances except current years taxes, levies, and assessments, and except U.S. Patent reservations, restrictions, easements of record, and casements visible upon the prc: ;isc;, and that Grantor will warrant and defend the same from all claims whatsoever. Dated: March 29, 1999. Young Lands, LTD BY: A" DA COUNTY RECORDER J. DAVID NAVARRO 't"I :F• I,� A Lju� J999 MR 30 Pt; 4: 10 Harr D. Yo'Ag, Pa )Zner BY: Flora Ann Young, Pa t er STATE OF IDAHO ) SS. COUNTY OF ADA ) RECORDED -REOVEST Or sr a fEEDj 9903079( On This / day of March, in the year 1999, before me, a Notary Public in and for said State, personally appeared Harry D. Young and Flora Ann Young, known or identified to me to be one of the partners in the partnership of Youngs Land, LTD aka Young Lands, LTD, and the partner or one of the partners who subscribed said partnership name to the foregoing instrument, and acknowle ged to me that e executed the same in said partnership name. ary Pu lic of Idaho Residing at Boise, ID �.•'P �o•••.M•hi �•.��' Commission expires: 7/25/99 • z v•� �, z: Vi�AAIrI( E t`•,���� First American Title Company of Idaho 2 64'k�/ , J P rr t 3 WARRANTY DEED For Value Received Paid by an Accommodator Pursuant to an IRC S1031 Exchange Brian C. Young and Lori Young, husband and wife hereinafter referred to as Grantor, does hereby grant, bargain, sell, and convey unto E.L. Bews and Shirley G. Bews, husband and wife hereinafter referred to as Grantee, whose current address is 5204 Sorrento Circle - Boise, ID 83704 the following described premises, to -wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. To HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, his heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances except current years taxes, levies, and assessments, and except U.S. Patent reservations, restrictions, easements of record, and easements visible upon the premises, and that vrantor wail warrant and defend the same from all claims whatsoever. Dated: December 29,1998. A,CA COUNTY RECORDER ,. LA1110 NAVARRO rl Brian C. Young d ULE J I rN ' 07 L ri Young STATE OF IDAHO M1 COUNTY OF ADA RECORDED -REQUEST Of FEE16EPUT r :: A6 98121032 FIRST AMERICAN TITLE CO. On This 29th day of December, in the year 1998, before me, a Notary Public in and for said State, personally appeared Brian C. Young and Lori Young, known or identified to me to be the person(s) whose name(s) are subscribed to the within Instrument, and ac o dged to me that they a ecut the same. �,••ar�rri�f ary Public of Idaho • '� 17 JH ''� Residing at Boise, ID 3 Commission expires: 7/25/99 c V c O First American Title Company of Idaho 3d �zo�� J " A A COUNTY RECORDER ' A M f: n J. DAYID NAYARRO 9 �, FEE F i, DEPUTY _v WARRANTY DEED "N 99098328 For Value Received Dale L. Rupp and Dorothy Rupp, husband and wife hereinafter referred to as Grantor, does hereby grant, bargain, sell, and convey unto E.L. Bews and Shirley G. Bews, husband and wife, and Mary Gail Floyd, a single person hereinafter referred to as Grantee, whose current address is the following described premises, to -wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. To HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, his heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances except current years taxes, levies, and assessments, and except U.S. Patent reservations, restrictions, easements of record, and easements visible upon the premises, and that Grantor will warrant and defend the same from all claims whatsoever. Dated: October 1, 1999. Dale L. Rupp Dorothy Rupp STATE OF IDAHO ) ss. COUNTY OF ADA ) On This day of October, in the year 19199, before me, a Notary Public in and for said State, personally appeared Dale L. Rupp & Dorothy Rupp, known or identified to me to be the person(s) whose name(s) are subscribed to the within Instrument, and acknowledged to me that they exec d the same. tart' Public of Idaho �� ��1 A S.'00 Residing at Boise, ID %% '(` 0.000000 Commission expires: 7/25/1999 w OHO ^ T Op0 i s V o M O O000000 ti y O O FirstAmericmi Tide Company of Idaho For Value Received FEEA` HFUT`r' 2000 ►P-4 11 34 100025307 WARRANTY DEED Betty L. Tully, a widow FIRST AMERICAN hereinafter referred to as Grantor, does hereby grant, bargain, sell, and convey unto E. L. Bews and Shirley G. Bews, husband and wife hereinafter referred to as Grantee, whose current address is 5204 Sorrento Circle - Boise, ID 83704 the following described premises, to -wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. To HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, his heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances except current years taxes, levies, and assessments, and except U.S. Patent reservations, restrictions, easements of record, and easements visible upon the premises, and that Grantor will warrant and defend the same from all claims whatsoever. Datcd: April 3, 2000. X.' Bet L. lly STATE OF IDAHO ss. COUNTY OF,7ADA ) On 'Phis U rW day of April, in the year 2000, before me, a Notary Public in and for said State, personally appcarcd Betty L. Tully, known or identified to me to be the person(s) whose name(s) is su cribed to the within Instrument, and acknowledged to me that she exec a same. otary Public of Idaho Residing at Boise, ID °' ' ° °. •S Commission expires: 7/25/2005 7' a B �i� tN oo0O0p0�U �o ff��ffflt/t1f� First American Title Company of Idaho (";>, RECORt-REQUEST Of ` '% ! T Y PTCORM fit_=; EE (� 1959 J1� 2� P;; ':% 99008521 � Pioneer Company J 9 0 O S S 2 1 PIONEER TITLE COMPANY OF ADA COUNTY 8151 W. Rifleman Ave / Boise, Idaho 83704 / (208) 377-2700 PIONEER TITLE i7Ykl. as, A6 WARRANTY DEED (INDIVIDUAL) PAID BY AN ACCOMMODATOR PURSUANT TO AN IRC S1031 EXCHANGE, FOR VALUE RECEIVED / THE JAMMES FAMILY LIMITED PARTNERSHIP, AN IDAHO LIMITED PARTNERSHIP Grantor s do hereby grant, bargain, sell and convey unto E.L. BEWS and SHIRLEY G . BEWS, Husband and Wife, the Grantee s , whose current address is: 5204 SORRENTO CIRCLE, BOISE, ID 83704 the following described real property in ADA County, State of Idaho, more particulary described as follows, to -wit: THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 4 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO. EXCEPT THE EAST 20 FEET TO THE SOUTH 45 FEET THEREOF. ALSO EXCEPT THAT PORTION LYING WITHIN MCMILLAN ROAD AND TEN MILE ROAD. SUBJECT TO: THAT CERTAIN MORTGAGE DATED JULY 31, 1996, AND RECORDED AUGUST 1, 1996, AS INSTRUMENT NO. 96064628, RECORDS OF ADA COUNTY, IDAHO, WHICH MORTGAGE 111Z, GRANTEES HEREIN ASSUME AND AGREE TO PAY ACCORDIN TERMS AND CONDITIONS ACKNOWLEDGED BY: E. L. BEWS SHIRLEYG. BEWS TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee Sand Grantee heirs and assigns forever. And the said Grantor sdo hereby covenant to and with the said Grantee s , the Grantor s are the owner s in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee s and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (includes irrigation and utility assessments, (if any) for the current year, which are not yet due and payable, and that Grantor s will warrant and defend the same from all lawful claims whatsoever. Dated: January 26, 1999 JJ10E7.11CAMES, inARTNER LxVERNE G. JAM PARTNER r iAY40r�JAMESPAIRTNER STATE OF On this personaNj known or jX IDA110 . County of _ Al L -d�f JANUARY !NA'i. .TORK — ;-".TS1MTE N. JAMES, LAVERNE G. , ss. in the year of 1999 , before me , a notary public, of the partners in a partnership, of A. and tho p to on �t� h partners who subscribed said partnership name to the foregoing instrum ed to me that he execute ttie-ame in said partnership ame. �� � g �tendiau, li) oil 2' Notary Publicy Residing al - r- Residing at: MERIDIAN IDAHO COMMISSION EXPIRES: JANUARY 23, 2002 A - -it — JJ��{� ^1• t ++ 7 2�1WAk'ff �.NYI D ED For Value Received FIRST AME 00024' 346 C OiL�n-) Clair Arvid Waite, as Trustee, Sharolyn Ririe, as Trustee, Lanette Pollard, as Trustee and Kaye W. Garner, as Trustee of the Arvid A. Waite Trust, dated April 16, 1991 hereinafter referred to as Grantor, does hereby grant, bargain, sell, and convey unto E.L. Bews and Shirley G. Bews, husband and wife hereinafter referred to as Grantee, whose current address is 5204 Sorrento Circle, Boise, ID 83704 the following described premises, to -wit: The North half of the Northeast Quarter of Section 35, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, Boise Meridian, Ada County, Idaho. To HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, his heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances except current years taxes, levies, and assessments, and except U.S. Patent reservations, restrictions, easements of record, and easements visible upon the premises, and that Grantor will warrant and defend the same from all claims whatsoever. Dated: March 27, 2000. The Arvid A. Waite Trust, dated April 16, 1991 B Y : G� �) L Clair Arvid Waite, Trustee BY:'Z� d' Sharolyn Ririe, Frustee Lanett/e Pollard, Trustee BY: l� 4 Kaye W. Ga er, Tr tee STATE OF IDAHO ss. COUNTY OF ADA On This(I day of March, in the year 2000, before me, a Notary Public in and for said State, personally appeared Clair Arvid Waite, Sharolyn Ririe, Lanette Pollard & Kaye W. Garner, known or identified to me to be the persons whose names are subscribed tjotary Instrument as the Tru es of the Arvid A. Waite Trust, dated April 16, 1991, and acknowledged ty executed the-e as ch Trustee. P �• S41 °°°p�O••o �y % Public of Idaho • 0 Residing at Boise, ID e ©•4 0� _ Commission expires: 7/25/2005 A ° s V ° • e o°° tno emu. co -k �1 First American Title Company of Idaho a-C •u� y A Pioneer Company PIONEER TITLE COMPANY OF ADA COUNTY 8151 W. Rifleman Ave / Boise, Idaho 83704 / (208) 377-2700 WARRANTY DEED (INDIVIDUAL) FOR VALUE RECEIVED JAMES FAMILY LIMITED PARTNERSHIP Grantor , does hereby grant, bargain, sell and convey unto E . L. BEWS AND SHIRLEY G . BEWS , HUSBAND AND WIFE the Grantee s , whose current address is: 5204 SORRENTO CIRCLE, BOISE, ID 83704 the following described real property in ADA County, State of Idaho, more particulary described as follows, to -wit: THE WEST ONE HALF OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 4 NORTH, RANGE 1 WEST OF THE BOISE MERICIAN, IN ADA COUNTY, STATE OF IDAHO. EXCEPT THOSE PORTIONS LYING WITHIN TEN MILE ROAD AND MCMILLAN ROAD. MvJ.UA`'10 spaAR, 501sE,1ola«� 199a t�0 19 P►1 t,: 02 RCCORDCO-REQUEST FCEffDEPUTY oopll� 98,11385 plot4FER TITLE TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee Sand Grantee heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee s , the Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee s and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (includes irrigation and utility assessments, (if any) for the current year, which are not yet due and payable, and that Grantor will warrant and defend the same from all lawful claims whatsoever. Dated: November 18, 1998 M JAMES FAMILY LIMITED PARTNERSHIP STATE OF Tnnxn , County of Ada - , ss. November , in the year of 1998 , before me On this 18th day of , a notary public Penny R. Combs , personally appeared IMMIE N. JAMES LAVERNE G. JAMES & LARRYJTA�MES FAMILY LIMITED kr�r identified to me to be all of the partners in a partnership, of — .r1% Anm %rATP �.•'� a or one of the partners wn �sci,v ,a. Y..•.••- r V� ns4Vjmen or to me th� he executed t e same in said pa iership ame. j� ? Notary Publ' r Residing Meridian Idaho Resg at: • S� My Commission Expires: 0 A Ron= Company PIONEER 7TTLE COMPANY OF ADA COUNTY 821 West State Street I Boise, Idaho 83702-5836 1 Telephone (208) 336-6700 For Value Received YOUNG LANDS,LTD. A LIMITED PARTNERSHIP, ALSO KNOWN AS YOUNG LAND LTD. hereinafter referred to as Grantor, does hereby grant, bargain, sell, and convey unto E.L. BEWS and SHMEY REWS, husband and wife hereinafter referred to as Grantee, whose txrrrem addrrss is S204 SoTrQnt_o Circle, Boise, Id. -83704 - '' the following described premises, to -wit: P19N -nTLE -' - SEE-EXRj1IT' "'A"- ATTACEW'f RECORDED - R QUEST OF -ADA COUNTY RECORDER 6�10 J. 0010 NAVARROFEE �' DEPUTY • 2000NO29 PM4:►4 100096290 To HAVE AND TO FOLD the said premises, with their appurtenances unto the said Grantee, his heirs and assigns forever. And the said Graator does hereby covenant to and with the said Grantee, that Grantor is the owner in fee simple of said pramisesl that said premises are free from all encumbrances except current years taus, levies, aad asm meats, and except U.S. Patent reservations, restricrions, easements of record, and easements visible upon the premises, and that Grantor will warrant and defeDd the same from all claims whatsoever. Dated: November 28, MW. YOUNG LANDS,LTD. A LIMITED PARTNERSHIP &'t� BY: HA.RR , It.- VP NER FLORA W Y G- F TN STATE OF IDAHO ) ss. COUNTY OF ADA ) On This 28TH day of November, in the year 2000, before me, a Notary Public in and for said State, personally appeared HARRY D. YOUNG AND FLORA ANN YOUNG, Imown or identified to me to be the partners in a partnership of YOUNG LANDS LTD. and the partners who subscribed acid partnerhip name to the foregoing instrument, and aclmowledged to ma that they exeeutMIhe same in said partnership name.. %Ifs al eoff,",. CQ r10 T4., W q 'r m �!y GOP C)F p0j�•�t,ci��stia�+°A P.EAD AND A?PROVED 8Y Notiuy pub�ie Idaho Res ding at rse. Idaho Commission expirce: AUG. 15, 2002 FILE COPY BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR BRIDGETOWER CROSSING SUBDIVISION IN PROPOSED R-4 AND C-G ZONES, LOCATED NORTH OF USTICK ROAD AND EAST OF TEN MILE ROAD, MERIDIAN, IDAHO PRIMELAND DEVELOPMENT CO., LLP, APPLICANT C/C 07-03-01 Revised 09-26-01 Revised 10-04-01 Case No. CUP-01-006 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on June 19, 200I and continued until July 3, 2001, at the hour of 6:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying on behalf of the Applicant was: Becky Bowcutt, and appearing in opposition and/or with comments or concerns Nvere: Margaretha English, Brian English and Tom Anderson, and the City Council having duly considered the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to -wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for June 19, 2001 and continued until July 3, 2001, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the June 19, 2001 and continued until July 3, 2001, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 continents and submit evidence. 2. 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. This proposed development request is in an R-4 and C-G zones and by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located north of Ustick Road and east of Ten Mile Road, Meridian, Idaho. 5. The owners of record of the subject property are E.L. Bews, Brad and Chandos Hoaglun, and Young Lands, Ltd., represented by Harry D. Young, of Boise and Meridian, Idaho. 6. Applicant is Primeland Development Co., LLP of Boise, Idaho. 7. The subject property is currently zoned RUT and R-4. The applicant has requested zoning of R-4 and C-G. The zoning districts of R-4 and C-G are defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for 692 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 single family lots, 59 townhomes, 17 office lots and 10 commercial lots. The R-4 and C-G zoning designations within the City of Meridian Zoning and Development Ordinance require a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. 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 and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Variances/exceptions to the straight RA 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) Minimum building setbacks: - Interior side 5 ft. per story 0 lot line (townhome) - Front (non -front entry garage)15 feet 20 feet Front entry garage 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. 2. The Applicant stated in a 3-14-01 letter from Becky Bowcutt that one (1) cul-de-sac in the CUP Site Plan scope exceeds the maximum 450- foot length. It is approximately 480 feet in length. The Applicant shall adjust the Site Plan to bring this block length into compliance. 3. As submitted, the City Council cannot approve this CUP/PUD application until the pending Zoning Ordinance Amendment, or another ordinance allowing non -conforming uses within a planned FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 development, is approved. 4. Commercial Lots: No building elevations were submitted for the proposed commercial buildings on Lots 28, 31, 32, 34 and 36, Block 23. As stated in the Annexation Requirements above, all of these lots shall be processed only under CUP applications. 5. Applicant shall note that, as depicted on the CUP Site Plan, Commercial Lots 36 and 28 do not reflect the minimum number of required parking stalls to operate at 100% retail occupancy. Also, several of the office and commercial lots are below the required number of ADA stalls, have parking rows split between different lots and have drive aisles below the minimum 25-foot width. These issues can be resolved at the time of CUP or Certificate of Zoning Compliance. 6. Office Lots: Sample photos/elevations of the office buildings were submitted with the application. The Applicant has stated on the face of the PUD Site Plan that a detailed CUP application shall be required for the development of each lot. However, since parking, trash enclosures, landscaping and elevations were all submitted for the office lots, the Planning and Zoning Commission and City Council do not feel the office lots would require CUP applications for each lot. The office lots shall be allowed to be processed under a Certificate of Zoning Compliance process only, subject to Ordinance 12-6-61, which allows minor changes up to 10% flexibility. 7. Townhouse Lots: Sample photos/elevations of the townhomes were submitted with the application. The Applicant has stated on the face of the PUD Site Plan that a detailed CUP application shall be required for the development of these townhome lots. However, since a Final Plat application shall be submitted for this phase (shown as Phase #7) and detailed landscaping and fencing plans shall be required at that time, The Planning and Zoning Commission and City Council do not feel these lots would require a CUP application. Any tri-plex units would, however, require a CUP application. 8. Pathways: The Comprehensive Plan, policy 4.1, pg. 56, of the Transportation Chapter, designates Five Mile Creek as a multiple use pathway. Any pathway along Five Mile Creek shall require Bureau of Reclamation (BOR) and NMID approval. Since BOR owns the Five FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 Mile right-of-way in fee simple and the future pathway location shall be off -site from this subdivision (i.e., there is no easement involved), the Applicant shall address this pathway issue. Applicant is to coordinate all public pathway improvements with the Meridian Parks SL Recreation Department. The Applicant shall also address if the developer intends to dedicate any pathways within Bridgetower Crossing to the City of Meridian in the future and/or which shall be owned and maintained by the Homeowner's Association. Since the pathway adjacent to the White Drain stubs to both Ten Mile Road and the eastern boundary of the subdivision, This segment of the pathway shall be considered a public pathway and part of the City's master pathway plan. The Applicant shall also address this issue with the Parks S& Recreation Department. 9. The traffic study prepared by Washington Group states the three (3) Residential Collectors proposed are adequate and no new Collector up to McMillan Road is necessary. However, agreement that some public street connection to McMillan Road is not necessary at all has not been decided. During the Pre -Application meeting on this project, staff recommended that the local road shown in Phase 14, Block 20, be extended to connect with McMillan. At build -out, this subdivision shall have a full mile of frontage along McMillan Road (except for the 310 feet of frontage the enclave parcels have that are not a part of Bridgetower Crossing). If constructed as proposed in the CUP/PUD concept plan, there shall be no vehicular access into or out of the subdivision from McMillan Road except for N. Desertbreeze Avenue, the cul-de-sac that serves the 59 townhouse lots. Future development on the north side of McMillan Road, both commercial and residential, shall certainly provide a destination point for some Bridgetower Crossing residents. As designed, all trips with a destination to the north side of McMillan will be forced to use either Ten Mile or Linder Roads, adding unnecessary traffic to these 4-way intersections. All parent, school activity or other trips to the elementary school site from the west and north shall be forced to access the school (as proposed in the CUP/PUD concept plan) through the subdivision. 10. A standard local street (50 feet right-of-way) connection to McMillan Road shall be added adjacent to or near the western boundary of the school site. It would not be designed to a Collector standard and could incorporate bends or other traffic calming devices to minimize any potential cut -through traffic. The Planning and Zoning Commission and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT'- 7 City Council cannot support the CUP/PUD concept without some vehicular connection made to McMillan Road. At a minimum, a ped/bike connection to McMillan shall be added. This issue pertains only to the CUP/PUD application since it is outside the boundaries of the proposed Preliminary Plat. Therefore, only the CUP/PUD Site Plan shall be amended - not the Preliminary Plat.) 11. No subdivision sign details or renderings were submitted. Detailed signage plans shall be subject to design review and separate permits. 12. Note that special attention shall be paid on the Landscape Plan to ensure the 40' x 40' clear vision triangles are preserved at the intersections of all roadways. The preliminary plan currently shows some trees within these areas. 13. Ordinance 12-6-7.1) requires that all planned developments provide underground utilities throughout the entire project site. 14. Applicant shall provide elevations of the proposed clubhouse for review and approval. 15. The Applicant shall contact the Meridian Historical Society regarding placement of historic signage of the cemetery and graves on Lot 48, Block 26 and/or other historic educational information. 16. Conditions outlined in AZ-01-003 and PP-01-005 shall also apply. 17. The Applicant shall be responsible to pay any extraordinary impact fees ACHD shall apply to this areas in order to accommodate new roadway improvements. Adopt the Recommendations of the Central District Health Department as follows: IS. 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. 19. Run-off is not to create a mosquito breeding problem. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 20. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project shall obtain current best management practices for storm water disposal and design a storm water managmenet system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 20.1 State of Idaho Catalog of Stonnwater Best Management Practices For Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 20.2 Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, January 1997. Adopt the Recommendations of the Meridian Fire Department as follows: 21. Office and commercial lots shall meet all codes for sprinkler systems and hydrants for their location. Adopt the Recommendations of the Nampa Sz Meridian Irrigation District as follows: 22. The District's Creason Lateral and Five Mile Drain courses through a portion of the proposed project. The easements of theses facilities shall be protected and any encroachment without written approval are unaccepatable. Additionally, the Applicant shall comply with the requirements from the City Council's action taken at their Tuesday, July 3, 2001 meeting as follows: 23. At such time as Owner/Developer proposes a development for that portion annexed herein, which is not yet subject to a specific application for development, Owner/Developer shall make reasonable accommodation of the concerns expressed by Mr. Brian English regarding placement of access onto the property from Linder Road in such a way as to minimize headlight glare from vehicles leaving the property and shining onto the English residence at 4650 North Linder FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 Road, Meridian, Idaho. NOTE: This annexation and the accompanying zoning designation allow development of the annexed parcel under the Planned Development Ordinance. Concurrently, with the application for annexation and zoning, the applicant also submitted an application for approval of preliminary plat and an application for a conditional use permit. The accompanying preliminary plat and conditional use permit applications covered only a portion of the property being annexed herein. By reviewing the proposed preliminary plat and conditional use applications, the Council finds that the remainder of the annexed property will be appropriate for an additional number of residential lots, and for uses other than residential in accordance with the Planned Development Ordinance, as well as a school site. This project is approved in concept only. The concept includes: maximum number of residential lots not to exceed 692, 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. 13. The proposed uses within the subject application will not be harmonious with and in accordance with the Meridian Comprehensive Plan and the City of Meridian Zoning and Development Ordinance, however, the Plan is currently under review and this area is being considered for some commercial designation, which then would be harmonious because: 13.1 The subject property is designated on the "Generalized Land Use Map" as "Single -Family Residential and Commerical/Mixed Use". 14. The uses proposed within the subject application subject to the conditions herein ordered will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or intended character of the general FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 vicinity and that such uses will not change the intended essential character of the same area. 15. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 16. The uses proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. 17. The uses proposed within the subject application will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 18. The development will not result in the destruction, loss or damage of natural or scenic feature of major importance relating to the property. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XIl, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code § 11-17- 3) a. Will, in fact, constitute a conditional use as determined by City policy; b. Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; uses; d. Will not be hazardous or disturbing to existing or future neighboring e• Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; f. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. Prior to granting a conditional use permit in the Low Density Residential District (R-4) and General Retail and Service Commercial District (C-G), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code § 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code § 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on -site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. S. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629, January 4, 1994 and Maps. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for 692 single family lots, 59 townhomes, 17 office lots and 10 commercial lots in an R-4 and C-G zones located north of Ustick Road and east of Ten Mile Road, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff 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) Minimum building setbacks: - Interior side 5 ft. per story 0 lot line (townhome) - Front (non -front entry garage)15 feet 20 feet Front entry garage 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 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. ' 2. The Applicant stated in a 3-14-01 letter from Becky Bowcutt that one (1) cul-de-sac in the CUP Site Plan scope exceeds the maximum 450-foot length. It is approximately 480 feet in length. The Applicant shall adjust the Site Plan to bring this block length into compliance. 3. As submitted, the City Council cannot approve this CUP/PUD application until the pending Zoning Ordinance Amendment, or another ordinance allowing non -conforming uses within a planned development, is approved. 4. Commercial Lots: No building elevations were submitted for the proposed commercial buildings on Lots 28, 31, 32, 34 and 36, Block 23. As stated in the Annexation Requirements above, all of these lots shall be processed only under CUP applications. 5. Applicant shall note that, as depicted on the CUP Site Plan, Commercial Lots 36 and 28 do not reflect the minimum number of required parking stalls to operate at 100% retail occupancy. Also, several of the office and commercial lots are below the required number of ADA stalls, have parking rows split between different lots and have drive aisles below the minimum 25-foot width. These issues can be resolved at the time of CUP or Certificate of Zoning Compliance. 6. Office Lots: Sample photos/elevations of the office buildings were submitted with the application. The Applicant has stated on the face of the PUD Site Plan that a detailed CUP application shall be required for the development of each lot. However, since parking, trash enclosures, landscaping and elevations were all submitted for the office lots, the Planning and Zoning Commission and City Council do not feel the office lots would require CUP applications for each lot. The office lots shall be allowed to be processed under a Certificate of Zoning Compliance process only, subject to Ordinance 12-6-61, which allows minor changes up to 10% flexibility. 7. Townhouse Lots: Sample photos/elevations of the townhomes were submitted with the application. The Applicant has stated on the face of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 16 PUD Site Plan that a detailed CUP application shall be required for the development of these townhome lots. However, since a Final Plat application shall be submitted for this phase (shown as Phase #7) and detailed landscaping and fencing plans shall be required at that time, The Planning and Zoning Commission and City Council do not feel these lots would require a CUP application. Any tri-plex units would, however, require a CUP application. S. Pathways: The Comprehensive Plan, policy 4.1, pg. 56, of the Transportation Chapter, designates Five Mile Creek as a multiple use pathway. Any pathway along Five Mile Creek shall require Bureau of Reclamation (BOR) and NMID approval. Since BOR owns the Five Mile right-of-way in fee simple and the future pathway location shall be off -site from this subdivision (i.e., there is no easement involved), the Applicant shall address this pathway issue. Applicant is to coordinate all public pathway improvements with the Meridian Parks &. Recreation Department. The Applicant shall also address if the developer intends to dedicate any pathways within Bridgetower Crossing to the City of Meridian in the future and/or which shall be owned and maintained by the Homeowner's Association. Since the pathway adjacent to the White Drain stubs to both Ten Mile Road and the eastern boundary of the subdivision, This segment of the pathway shall be considered a public pathway and part of the City's master pathway plan. The Applicant shall also address this issue with the Parks SL Recreation Department. 9. The traffic study prepared by Washington Group states the three (3) Residential Collectors proposed are adequate and no new Collector up to McMillan Road is necessary. However, agreement that some public street connection to McMillan Road is not necessary at all has not been decided. During the Pre -Application meeting on this project, staff recommended that the local road shown in Phase 14, Block 20, be extended to connect with McMillan. At build -out, this subdivision shall have a full mile of frontage along McMillan Road (except for the 310 feet of frontage the enclave parcels have that are not a part of Bridgetower Crossing). If constructed as proposed in the CUP/PUD concept plan, there shall be no vehicular access into or out of the subdivision from McMillan Road except for N. Desertbreeze Avenue, the cul-de-sac that serves the 59 townhouse lots. Future development on the north side of McMillan Road, both commercial and residential, shall certainly provide a destination point for some Bridgetower Crossing residents. As designed, all trips with a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 17 destination to the north side of McMillan will be forced to use either Ten Mile or Linder Roads, adding unnecessary traffic to these 4-way intersections. All parent, school activity or other trips to the elementary school site from the west and north shall be forced to access the school (as proposed in the CUP/PUD concept plan) through the subdivision. 10.A standard local street (50 feet right-of--vay) connection to McMillan Road shall be added adjacent to or near the western boundary of the school site. It would not be designed to a Collector standard and could incorporate bends or other traffic calming devices to minimize any potential cut - through traffic. The Planning and Zoning Commission and City Council cannot support the CUP/PUD concept without some vehicular connection made to McMillan Road. At a minimum, a ped/bike connection to McMillan shall be added. This issue pertains only to the CUP/PUD application since it is outside the boundaries of the proposed Preliminary Plat. Therefore, only the CUP/PUD Site Plan shall be amended - not the Preliminary Plat.) I I. No subdivision sign details or renderings were submitted. Detailed signage plans shall be subject to design review and separate permits. 12.Note that special attention shall be paid on the Landscape Plan to ensure the 40' x 40' clear vision triangles are preserved at the intersections of all roadways. The preliminary plan currently shows some trees within these areas. 13.Ordinance 12-6-7.D requires that all planned developments provide underground utilities throughout the entire project site. 14.Applicant shall provide elevations of the proposed clubhouse for review and approval. 15.The Applicant shall contact the Meridian Historical Society regarding placement of historic signage of the cemetery and graves on Lot 48, Block 26 and/or other historic educational information. 16. Conditions outlined in AZ-01-003 and PP-01-005 shall also apply. 17.The Applicant shall be responsible to pay any extraordinary impact fees ACHD shall apply to this areas in order to accommodate new roadway FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 18 improvements. Adopt the Recommendations of the Central District Health Department as follows: IS. The Applicant's central sewage and central water plans shall be submitted to and approved by the Idaho Department of Health S& Welfare, Division of Environmental Quality. 19.Run-off is not to create a mosquito breeding problem. 20.Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project shall obtain current best management practices for storm water disposal and design a storm water managmenet system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 20.3 State of Idaho Catalog of Stormwater Best Management Practices For Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 20.4 Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, January 1997. Adopt the Recommendations of the Meridian Fire Department as follows: 21.Office and commercial lots shall meet all codes for sprinkler systems and hydrants for their location. Adopt the Recommendations of the Nampa S& Meridian Irrigation District as follows: 22.The District's Creason Lateral and Five Mile Drain courses through a portion of the proposed project. The easements of theses facilities shall be protected and any encroachment without written approval are unaccepatable. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 19 Additionally, the Applicant shall comply with the requirements from the City Council's action taken at their Tuesday, July 3, 2001 meeting as follows: 23.At such time as Owner/Developer proposes a development for that portion annexed herein, which is not yet subject to a specific application for development, Owner/Developer shall make reasonable accommodation of the concerns expressed by Mr. Brian English regarding placement of access onto the property from Linder Road in such a way as to minimize headlight glare from vehicles leaving the property and shining onto the English residence at 4650 North Linder Road, Meridian, Idaho. NOTE: This annexation and the accompanying zoning designation allow development of the annexed parcel under the Planned Development Ordinance. Concurrently, with the application for annexation and zoning, the applicant also submitted an application for approval of preliminary plat and an application for a conditional use permit. The accompanying preliminary plat and conditional use permit applications covered only a portion of the property being annexed herein. By reviewing the proposed preliminary plat and conditional use applications, the Council finds that the remainder of the annexed property will be appropriate for an additional number of residential lots, and for uses other than residential in accordance with the Planned Development Ordinance, as well as a school site. This project is approved in concept only. The concept includes: maximum number of residential lots not to exceed 692, 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. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code § 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 20 4. That the City Attorney draft an Order Granting Conditional Use Permit 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. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the Citv 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 conditional use permit 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. By action of the City Council at its regular meeting held on the 2 N0 day of i�70fb t'7_ 2001. ROLL CALL: COUNCILMAN RON ANDERSON COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE MCCANDLESS VOTED __�(� VOTED_*�. VOTED_?� VOTED A-Ce;,� FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 21 MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: D —2—Q f MOTION: APPROVED. DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. By. F'4j7-' DateCity Clerk - Z:\Work\M\Meridian\Meridian 15360Wridgetower Crossing A*Q by Od 0�5`CUPO1- t 006\FfCIsCUP01-006TW0.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 22 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR BRIDGETOWER CROSSING SUBDIVISION IN PROPOSED R-4 AND C-G ZONES, LOCATED NORTH OF USTICK ROAD AND EAST OF TEN MILE ROAD, MERIDIAN, IDAHO PRIMELAND DEVELOPMENT CO., LLP, APPLICANT C/C 0 7/03/01 Revised 09-26-01 Revised 10-04-01 Case No. CUP-01-006 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the 7TH day of August, 2 00 1, under the provisions of Meridian City Code § 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for ORDER CONDITIONAL USE PERMIT (CUP-01-006) - 1 692 single family lots, 59 townhomes, 17 office lots and 10 commercial lots in an RA and C-G zones located north of Ustick Road and east of Ten Mile Road, Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recommendations of the Planning and Zoning and Engineering staff 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) Minimum building setbacks: - Interior side 5 ft. per story 0 lot line (townhome) - Front (non -front entry garage)15 feet 20 feet Front entry garage 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. 2. The Applicant stated in a 3-14-01 letter from Becky Bowcutt that one (1) cul-de-sac in the CUP Site Plan scope exceeds the maximum 450-foot length. It is approximately 480 feet in length. The Applicant shall adjust the Site Plan to bring this block length into compliance. 3. As submitted, the City Council cannot approve this CUP/PUD application until the pending Zoning Ordinance Amendment, or another ordinance allowing non -conforming uses within a planned development, is approved. ORDER CONDITIONAL USE PERMIT (CUP-01-006) - 2 4. Commercial Lots: No building elevations were submitted for the proposed commercial buildings on Lots 28, 31, 32, 34 and 36, Block 23. As stated in the Annexation Requirements above, all of these lots shall be processed only under CUP applications. 5. Applicant shall note that, as depicted on the CUP Site Plan, Commercial Lots 36 and 28 do not reflect the minimum number of required parking stalls to operate at 100% retail occupancy. Also, several of the office and commercial lots are below the required number of ADA stalls, have parking rows split between different lots and have drive aisles below the minimum 25-foot width. These issues can be resolved at the time of CUP or Certificate of Zoning Compliance. 6. Office Lots: Sample photos/elevations of the office buildings were submitted with the application. The Applicant has stated on the face of the PUD Site Plan that a detailed CUP application shall be required for the development of each lot. However, since parking, trash enclosures, landscaping and elevations were all submitted for the office lots, the Planning and Zoning Commission and City Council do not feel the office lots would require CUP applications for each lot. The office lots shall be allowed to be processed under a Certificate of Zoning Compliance process only, subject to Ordinance 12-6-61, which allows minor changes up to 10% flexibility. 7. Townhouse Lots: Sample photos/elevations of the townhomes were submitted with the application. The Applicant has stated on the face of the PUD Site Plan that a detailed CUP application shall be required for the development of these townhome lots. However, since a Final Plat application shall be submitted for this phase (shown as Phase #7) and detailed landscaping and fencing plans shall be required at that time, The Planning and Zoning Commission and City Council do not feel these lots would require a CUP application. Any tri-plex units would, however, require a CUP application. 8. Pathways. The Comprehensive Plan, policy 4.1, pg. 56, of the Transportation Chapter, designates Five Mile Creek as a multiple use pathway. Any pathway along Five Mile Creek shall require Bureau of Reclamation (BOR) and NMID approval. Since BOR owns the Five Mile right-of-way in fee simple and the future pathway location shall be off -site from this subdivision (i.e., there is no easement involved), the Applicant shall address this pathway issue. Applicant is to coordinate all public ORDER CONDITIONAL USE PERMIT (CUP-01-006) - 3 pathway improvements with the Meridian Parks S& Recreation Department. The Applicant shall also address if the developer intends to dedicate any pathways within Bridgetower Crossing to the City of Meridian in the future and/or which shall be owned and maintained by the Homeowner's Association. Since the pathway adjacent to the White Drain stubs to both Ten Mile Road and the eastern boundary of the subdivision, This segment of the pathway shall be considered a public pathway and part of the City's master pathway plan. The Applicant shall also address this issue with the Parks SL Recreation Department. 9. The traffic study prepared by Washington Group states the three (3 ) Residential Collectors proposed are adequate and no new Collector up to McMillan Road is necessary. However, agreement that some public street connection to McMillan Road is not necessary at all has not been decided. During the Pre -Application meeting on this project, staff recommended that the local road shown in Phase 14, Block 20, be extended to connect with McMillan. At build -out, this subdivision shall have a full mile of frontage along McMillan Road (except for the 310 feet of frontage the enclave parcels have that are not a part of Bridgetower Crossing). If constructed as proposed in the CUP/PUD concept plan, there shall be no vehicular access into or out of the subdivision from McMillan Road except for N. Desertbreeze Avenue, the cul-de-sac that serves the 59 townhouse lots. Future development on the north side of McMillan Road, both commercial and residential, shall certainly provide a destination point for some Bridgetower Crossing residents. As designed, all trips with a destination to the north side of McMillan will be forced to use either Ten Mile or Linder Roads, adding unnecessary traffic to these 4-way intersections. All parent, school activity or other trips to the elementary school site from the west and north shall be forced to access the school (as proposed in the CUP/PUD concept plan) through the subdivision. 10.A standard local street (50 feet right-of-way) connection to McMillan Road shall be added adjacent to or near the western boundary of the school site. It would not be designed to a Collector standard and could incorporate bends or other traffic calming devices to minimize any potential cut - through traffic. The Planning and Zoning Commission and City Council cannot support the CUP/PUD concept without some vehicular connection made to McMillan Road. At a minimum, a ped/bike connection to McMillan shall be added. This issue pertains only to the CUP/PUD application since it is outside the boundaries of the proposed Preliminary Plat. Therefore, only the CUP/PUD Site Plan shall be amended - not the ORDER CONDITIONAL USE PERMIT (CUP-01-006) - 4 Preliminary Plat.] 11. No subdivision sign details or renderings were submitted. Detailed signage plans shall be subject to design review and separate permits. 12.Note that special attention shall be paid on the Landscape Plan to ensure the 40' x 40' clear vision triangles are preserved at the intersections of all roadways. The preliminary plan currently shows some trees within these areas. 13.Ordinance 12-6-7.1) requires that all planned developments provide underground utilities throughout the entire project site. 14.Applicant shall provide elevations of the proposed clubhouse for review and approval. 15.The Applicant shall contact the Meridian Historical Society regarding placement of historic signage of the cemetery and graves on Lot 48, Block 26 and/or other historic educational information. 16. Conditions outlined in AZ-01-003 and PP-01-005 shall also apply. 17.The Applicant shall be responsible to pay any extraordinary impact fees ACHD shall apply to this areas in order to accommodate new roadway improvements. Adopt the Recommendations of the Central District Health Department as follows: 18.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. 19. Run-off is not to create a mosquito breeding problem. 20.Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project shall obtain current best management practices for storm water disposal and design a storm water managmeeet system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance ORDER CONDITIONAL USE PERMIT (CUP-01-006) - 5 are: 20.1 State of Idaho Catalog of Stormwater Best Management Practices For Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 20.2 Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, January 1997. Adopt the Recommendations of the Meridian Fire Department as follows: 21.Office and commercial lots shall meet all codes for sprinkler systems and hydrants for their location. Adopt the Recommendations of the Nampa &. Meridian Irrigation District as follows: 22.The District's Creason Lateral and Five Mile Drain courses through a portion of the proposed project. The easements of theses facilities shall be protected and any encroachment without written approval are unaccepatable. Additionally, the Applicant shall comply with the requirements from the City Council's action taken at their Tuesday, July 3, 2001 meeting as follows: 23.At such time as Owner/Developer proposes a development for that portion annexed herein, which is not yet subject to a specific application for development, Owner/Developer shall make reasonable accommodation of the concerns expressed by Mr. Brian English regarding placement of access onto the property from Linder Road in such a way as to minimize headlight glare from vehicles leaving the property and shining onto the English residence at 4650 North Linder Road, Meridian, Idaho. NOTE: This annexation and the accompanying zoning designation allow development of the annexed parcel under the Planned Development Ordinance. Concurrently, with the application for annexation and zoning, the applicant also submitted an application for approval of preliminary plat and an ORDER CONDITIONAL USE PERMIT (CUP-01-006) - 6 application for a conditional use permit. The accompanying preliminary plat and conditional use permit applications covered only a portion of the property being annexed herein. By reviewing the proposed preliminary plat and conditional use applications, the Council finds that the remainder of the annexed property will be appropriate for an additional number of residential lots, and for uses other than residential in accordance with the Planned Development Ordinance, as well as a school site. This project is approved in concept only. The concept includes: maximum number of residential lots not to exceed 692, 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. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the Z ? � day of CJG/W � , 2001. R o)6 D. Corrie, Mayor City of Meridian ORDER CONDITIONAL USE PERMIT (CUP-01-006) - 7 Copy served upon Applicant, the Planning and Zoning Department,_ Public Works Department and City Attorney. f By. Dated: City Clerk 8111hL ZAWor1c\M\Meridian\Meridian 15360Wridgetolver Crossing AZO 1 -003 PP01-005 CUPOI-006\Order�l1k,0 6_'` i � y ORDER CONDITIONAL USE PERMIT (CUP-01-006) - g MAYOR Robert D. Come CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tanury deWeerd Cherie McCandless HUB OF TREASURE VALLEY A Good Place to Live �.. . T yrks�. 1� Mich I S 1 2al CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • FAX (208) 887-4813 City Clerk Office Fax (208) 888-4218 1JU1LU1NU ULrAK 1 rviniN i (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • FAX 888-6854 MEMORANDUM: March 12, 2001 To: Planning & Zoning Commission/Mayor & City Council From: Bruce Freckleton, Assistant to City Engineer Brad Hawkins -Clark, Planner /,�X_ Re: BRIDGETOWER CROSSING SUBDIVISION - Request for Annexation and Zoning of 371.42 Acres from RUT to R-4 and C- G by Primeland Development Co., LLP (File AZ-01-003) - Preliminary Plat of 175.91 Acres with 336 Buildable Lots and 58 Other Lots by Primeland Development Co., LLP (File PP-01-005) - Conditional Use Permit for a P.U.D. for 692 SFR Lots, 59 Townhouse Lots, 17 Office Lots and 10 Commercial Lots on 370.55 Acres by Primeland Development Co., LLP (File CUP-01-006) We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATIONS SUMMARY There are three separate applications covered in this report, each addressed separately after the summary. These applications comprise the second portion of a larger, mixed -use project being developed by Primeland Development in this area. The Applicant is proposing to annex the 371 acres in two (2) different phases — the first phase (167 acres) encompasses the preliminary plat ground, including five (5) commercial lots at the northeast corner of Ten Mile and McMillan. The Applicant proposes the second phase annexation (204.42 acres) to coincide with the submittal of a future preliminary plat application. To Staffs knowledge, this is the first such "phased annexation" request the City has reviewed. The Preliminary Plat application proposes to create 259 single-family residential lots, 59 townhouse lots, 8 office lots, 10 commercial lots, and 58 common/landscape lots. If approved, Phases 1 and 2 of the plat application would replace a portion of the already approved Bridgetower Subdivision Preliminary Plat. There are three (3) new residential collectors proposed in the plat. The CUP/PUD application includes all of the Preliminary Plat land plus the balance of the Applicant's land holdings to the east. The CUP/PUD is required because of reduced lot frontages, a mix of uses and other proposed exceptions to the R-4 zone standards. The CUP/PUD is requesting conceptual approval only on the entire project. AZ-01-M, CUP-01-006, PP -01-005 BridgetoH'efCrossng.AZ.PP.CUP.doc Planning & Zoning Commismon/Mayor & City Council March 12, 2001 Page 2 LOCATION The subject parcels are located in Sections 35 and 26, Township 4N, Range 1 W, between Ustick Road and McMillan Roads and between Ten Mile and Linder Roads. The proposed 16.2 acre commercial complex in Section 26 is located at the NE corner of McMillan and Ten Mile. SURROUNDING PROPERTIES The majority of the parcels are located in an area designated as Single -Family Residential in the Comprehensive Plan. The proposed commercial areas at the NE and SE corners of Ten Mile and McMillan are designated as Commercial/Mixed Use. The surrounding uses follow: North — Agricultural, zoned RUT (Ada Co.). The three out -parcels owned by Anderson, Rupp and Kelso east of the proposed townhouse development, zoned RUT, have rural residential and other agricultural outbuildings. South — A 75-acre parcel (owned by Leonard Huskey) is south of the proposed office uses along Ten Mile Road. Tumble Creek Subdivision, zoned R4, is south of Ustick Road. Five Mile Creek and the recently approved Bridgetower and Primeland Subdivisions are south and west of Phase 1. East — Agricultural ground and single-family homes, zoned RUT (Ada Co.) West — Agricultural ground and single-family homes. Mr. Bews also owns the 80-acre parcel at the SW corner of McMillan and Ten Mile, which is shown on the future development map. CURRENT OWNERS OF RECORD There are three (3) separate property owners of the 11 subject parcels. E.L. Bews is the owner of eight (8) parcels, Brad and Chandos Hoaglun are the owners of the 0.4-acre parcel in the middle, and Young Lands, Ltd. (represented by Harry D. Young), is the owner of the 92-acre parcel along the eastern half of the CUP/PUD. Each owner has - submitted notarized consent for the applications. ANNEXATION & ZONING GENERAL COMMENTS 1. The legal descriptions submitted with the application meet the requirements of the City of Meridian and State Tax Commission and place the parcels contiguous to existing city limits. 2. The requested zones of R-4 and C-G are compatible with the Comprehensive Plan Land Use Map designation of Single-family Residential, Commercial and Mixed/Planned Use Development. 3. All of the subject property is within the Urban Service Planning Area. The area south of McMillan Road has been designated as a high priority growth area by the City. 4. Depending upon the final negotiations with the Applicant regarding the easements for the White Drain Trunk, essential City services will be available to all subject parcels except the 16+/- acre commercial parcel at the NE corner of McMillan and Ten Mile Road. Discussions AZ-01-003, CUP-01-006, PP-01-M BridgdowerCrossng.AZ,PFCUP,doc Planning & Zoning Commis amn/Mayor & City Council ... March 12, 2001 Page 3 are underway with the Meridian School District regarding a potential school site in the northeast corner of the project. The Applicant is proposing a two-phase annexation process (see Item #5.a., pg. 1 of the Annexation application). The only reason given for the phasing request is the "massive size of the project." Staff was told verbally that, since the project will be built over a 7-10 year period, the Applicant wishes to avoid paying the increased City of Meridian taxes on the eastern acreage that will not be developed for several years. While the plat boundaries are only a portion of the total acreage, the Applicant is seeking approval of the CUP/PUD application on the full 371.42 acres of annexation. However, the City cannot approve a CUP/PUD on land outside of its jurisdiction. Therefore, the Applicant is proposing to enter into a Development Agreement with the City so the CUP/PUD can be applied on the full annexation acreage. Once the subject Preliminary Plat phases are built - out, the Applicant would submit a second preliminary plat to cover the 204.42 acres within the Phase 2 annexation area and the City would finalize the annexation simultaneous to the second preliminary plat. Below are three (3) different options for the Commission and Council to consider in reviewing this phased annexation proposal: A. Annex all parcels as proposed (two phases) with Development Agreement that outlines the terms of the future annexation: Under this scenario, the City, Mr. Bews and Young Lands Ltd. would enter into a Development Agreement (D.A.) on the full 371.42 acres, but we would only adopt an annexation ordinance on the 167-acre legal description. An application and fees were submitted for the full 371.42 acre annexation, but the City would hold -off on actual adoption of the 204.42-acre ordinance (Phase 2) until a Preliminary Plat application is submitted. Ord. 11-16-4.A. allows the terms of a Development Agreement (D.A.) to take effect on a property even before an annexation ordinance is adopted, as long as the property owner agrees. Ord. 11-16-4.A. also states that a D.A. is binding on a property owner, each subsequent owner, and each other person acquiring an interest in the property. The D.A. is binding even if it is not recorded (unless, of course, the property is sold to a person who has no knowledge of the agreement.) So, according to Staff s interpretation, the City could enter into a legally binding D.A. on the 204.42 acres (even before it's formally annexed), requiring Mr. Bews to develop it according to the CUP/PUD concept plan. Since Mr. Bews does not have title to Young's 92-acre parcel, Young Lands, Ltd. would be required to submit a notarized agreement regarding the D.A. that would ensure the City can annex their property in the future. Talking Points (Pros & Cons) a) If all parcels were not annexed, parcels on the east side of Linder and north side of McMillan would not be contiguous to city limits, thus not eligible to request annexation. AZ-01-003, CUP-01-006, PP-01-M 8rid9C1- rC'-9-AZ.PP.CUP.doe Planning & Zoning Commi�n/Mayor & City Council �-- March 12, 2001 Page 4 This would potentially "buy" the City more time to complete the Comprehensive Plan for this area before receiving subsequent annexation requests. b) The D.A. would potentially give the City greater control over how and when the full land holding develops. c) The Meridian School District would be at the mercy of the Applicant to annex the 12- acre elementary school site along McMillan Road prior to building the school. d) It is unclear to Staff how the City would administratively handle the "pending" 204.42 acre annexation. The City Clerk and City Attorney would need to provide some input on this. Can the City draft two annexation ordinances but only pass the Phase 1 (167 acres) ordinance now and hold the second ordinance until the Phase 2 plat is submitted? How long would such a "draft" ordinance be valid? e) The Ada County Assessor told Staff that the tax levy rate on the subject parcels in Ada County is $0.013 on the land value. The tax levy rate once annexed is $0.0149 on the land value — a comparably small difference. The agricultural exemption provides the greatest tax relief and the exemption could still be in place even if the land is annexed as long as the land is actively used for agriculture. Is the difference between the City of Meridian tax levy and Ada County tax levy substantial enough to warrant the potential administrative difficulties the City may face through a two -phased annexation process? fj The necessary White Drain Sewer Trunk easements beyond the annexation boundaries would be listed as a condition in the D.A. B. Annex all of the parcels now under a single ordinance: Under this scenario, the City would formally annex the entire 371.42 acres, ignoring the phasing request altogether. The entire project in the CUP/PUD application would be within the city limits and developed after a Preliminary Plat application is submitted at a later date. The timing of development construction would not change - it would simply eliminate the need to pass an annexation ordinance at the time of the second preliminary plat. This is the least desirable option for the Applicant. Talking Points (Pros & Cons) a) This option would create contiguity with the parcels east of Linder and north of McMillan, allowing these property owners to request annexation as soon as the subject property is annexed. b) This option would eliminate the potential confusion of how to administer a "pending" annexation ordinance. It is, in many ways, a "cleaner" approach in that it is the way the City has processed all annexations to date. c) The proposed elementary school site along McMillan Road would be able to develop in the city limits at any time rather than being dependent upon the Applicant's timing. d) The necessary White Drain Sewer Trunk easements would all be within the city limits (and still a condition in the D.A.). e) Annexation would place significant additional acreage contiguous to the city. C. Annex only Phase 1 (167 acres) and require Applicant to modify the CUP/PUD boundaries to match the Preliminary Plat boundaries: Under this scenario, the City would essentially divide the entire project into two separate approval processes. An AZ-01-M, CUP-01-006, PP-01-005 BridgetowerCrossn&AZ.PP.CUP doc Planning & Zoning Commisaton/Mayor & City Council March 12, 2001 Page 5 annexation, preliminary plat and CUP/PUD application would be submitted for each phase at different times. The Applicant would need to modify the current CUP/PUD application to exclude the eastern half of the project and match the PUD boundaries to the preliminary plat and Phase 1 annexation boundaries. Talking Points (Pros & Cons) a) If all parcels were not annexed, parcels on the east side of Linder and north side of McMillan would not be contiguous to city limits, thus not eligible to request annexation. This would potentially "buy" the City more time to complete the Comprehensive Plan for this area before receiving subsequent annexation requests. b) This option would also eliminate the potential confusion of how to administer a "pending" annexation ordinance. It is, in many ways, a "cleaner" approach in that it is the way the City has processed all annexations to date. c) The Meridian School District would be at the mercy of the Applicant to annex the 12- acre elementary school site along McMillan Road prior to building the school. d) The City would have to make the necessary White Drain Sewer Trunk easements an off -site condition of the D.A., essentially conditioning annexation on Mr. Bews granting a sewer easement on property outside the city limits. This is a legal question for the City Attorney to address. e) The CUP/PUD application could potentially be modified and/or changed between the time of Phase 1 approval and Phase 2 submittal, essentially dividing the entire project into two separate projects with two different sets of approvals. The Applicant would need to meet the minimum 10% open space requirement under each individual application, increasing their required open space acreage. To assuage the Applicant, the D.A. could indicate that the future CUP/PUD open space and non -conforming use percentages would be calculated on the entire planned development, not each one separately. ANNEXATION SITE SPECIFIC REQUIRMENTS 1. Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. (See recommended D.A. conditions above, depending on which option is approved) 2. Meridian City Ordinance 12-6 sets forth the requirements for Planned Developments. Any conditions attached to a Final Development Plan for Planned Development projects run with the land and shall not lapse or be waived as the result of any subsequent change in tenancy or ownership. 3. The parcel at the NE corner of Ten Mile and McMillan Roads is to be served by a portion of the North Slough Trunk Line and is NOT serviceable by the White Drain. The legal description boundaries for the proposed C-G zone must be revised to omit this proposed parcel north of McMillan until such time as it can be serviced. 4. 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, AZ-01-M, CUP-01-006, PP-01-M BridgetowerCrossng.AZ.PP.CUP.doc Planning & Zoning Commtswron/Mayor & City Council March 12, 2001 Page 6 and 26 Block 23). However, the current Comprehensive Plan does not support office zoning in these areas. The Comprehensive Plan does 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 may 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. Staff does support the concept of incorporating other uses besides residential as part of this development. 5. A condition of the D.A. shall be that the Applicant submit a Preliminary Plat application for Phase 2 (204.42 acres) of the project no later than June 2002 (or earlier if the Meridian School District requires) in order to accommodate the new elementary school construction by 2003. The school must be developed within the City limits to receive city services and the school must be constructed on a legal lot within an approved subdivision plat. (The school lot is currently shown in Phase 15 of the project and is not a part of the Phase 1 annexation.) 6. A condition of the D.A. shall be that development and use of each commercial -designated lot in this subdivision (Lots 23, 31, 32, 34 and 36, Block 23 and Lots 1-5, Block 31) will occur only through the Conditional Use Permit process. 7. A detached sidewalk with a minimum 5-foot-wide planter strip between the curb and sidewalk shall be required along the Ten Mile Road, McMillan Road and Linder Road frontages. ANNEXATION & ZONING STANDARD REQUIREMENTS All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non -domestic purposes such as landscape irrigation. 3. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. 4. Two -hundred -fifty- and 100-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. AZ-01-M, CUP-01-006, PP-01-005 BridgetowerCr=ng.AZ.PP.CUP.doc Planning & Zoning Commismon/Mayor & City Council March 12, 2001 Page 7 5. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on -site. 6. Off-street parking shall be provided in accordance with the City of Meridian Ordinance 11- 13 for use of property. 7. All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 8. Provide five -foot -wide sidewalks in accordance with City Ordinance Section 12-5-2.K. 9. All construction shall conform to the requirements of the Americans with Disabilities Act. Annexation Recommendation Staff supports the annexation and zoning application in concept except for the 16+/- acre parcel at the NE corner of McMillan and Ten Mile. As outlined under the "Comments" section above, we feel there are both pros and cons to the City under each of the three options presented. If the Commission and Council recommend approval, we request that the above conditions be incorporated into your motion. Until action is taken on the accompanying PUD Amendment application, Staff recommends the P&Z Commission continue this application and not take any final action. PRELIMINARY PLAT REQUIREMENTS General 1. If approved, this 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 (same for both subdivisions) is proposing to modify the Bridgetower Subdivision preliminary plat with this Bridgetower Crossing preliminary plat. 2. Obtain a letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform Public Works 1. Coordinate fire hydrant placement with the City of Meridian Public Works Department 2. Sanitary sewer service to this site shall be via construction of a portion of the White Trunk and North Slough Trunk Lines. Applicant will 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 AZ-014M, CUP-01-006, PP-01-005 BrtdgetoweiCMssng.AZ.PP.CUP.doc Planning & Zoning Commis3T6n/Mayor & City Council March 12, 2001 Page 8 sewer lines on the south and west sides of the centerline. 3. Water service to this site is being proposed from extensions of existing mains. Applicant will 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'x120') would need to 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 should be monitored with the Meridian Water Department. 4. 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. 5. Underground pressurized irrigation must be provided to all landscape areas on site. Due to the landscape area, primary water supply connection to the City's mains will 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 must be submitted prior to plan approval. 6. 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. 7. Please submit any updated soils/groundwater monitoring data collected since the initial investigation date. 8. Please show all proposed permanent and temporary sanitary sewer construction easements on the preliminary plat map for the areas of future development. 9. Lots 8-19, Block 7, and Lots 16-19, Block 3, are impacted by irrigation easements. 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 will need to be removed from the building lots. AZ-01-M, CUP-01-006, PP-01.M BridgeWwerCr=n&AZ. PP. C UP. doc Planning & Zoning Commis--..,on/Mayor & City Council March 12, 2001 Page 9 10. The preliminary plat indicates an 8" sanitary sewer main exiting the southeast corner of Block 7. Could Block 7 sewer through the vehicular access Lot 54? If not, a 20-foot wide common area lot will need to be created and centered on the sewer main. Streets/Pathways 1. 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 must 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. 2. 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 must 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. 3. The Applicant told Stair 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 should coordinate the construction of Belltower Drive with the Public Works Department's plans for the White Drain Trunk construction. The timing and responsibility for construction of the White Drain east through Bridgetower Crossing should be clearly outlined in the D.A. 4. 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), Staff recommends Applicant coordinate with ACHD to provide bike lanes within the 50-foot right-of-way of both collectors. The bike lanes will also provide increased safety and accessibility for children traveling to school should a future elementary school be constructed east of the subdivision. 5. There are several micropath common lots proposed on the preliminary plat and CUP/PUD plans. As a condition of the plat, 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 may also consider placing a deed restriction on the townhome lots adjacent to the vehicular driveway shown as Lot 54, Block 23. AZ-01-M, CUP-01-006, PP-01-M BrWWtowerCrossng.AZ.PP.CUP.doc Planning & Zoning Commisalon/Mayor & City Council March 12, 2001 Page 10 Landscaping/Fencing 1. 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 will be required for all fencing prior to signature on the Final Plat. No fencing is permitted within the required landscape buffers. 2. 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 must 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% will be required for all fencing, landscaping, pressurized irrigation, etc., prior to signature on the Final Plat. 3. 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 should clarify the 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? 4. Staff strongly supports the Master Pedestrian Pathway System shown in Figure 2 on Sheet LD.1. We do recommend one addition. The micropath shown as Lot 15, Block 14 between the office complex and N. Montelino Way does not connect to any path. Staff recommends a pathway 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. 5. 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. Staff strongly supports the "riparian zone plantings" being native species and the general concept of this stream. We do have some concern about the water flow through this feature and the potential for stagnant water, mosquito infestations, moss build-up, etc. 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 must 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 should be in place and homeowner's informed appropriately. AZ-01-003, CUP-01-006, PP-01-M &id9et0%WCMssng.AZ.PP.CUP.doc Planning & Zoning CommiS,.on/Mayor & City Council March 12, 2001 Page 11 6. Applicant shall submit detailed grading plans of the stormwater ponds for review and approval by the Public Works Department with each Final Plat application. 7. Staff recommends the stormwater pond slopes be designed with a minimum of 4:1 slope along the banks for public safety. 8. Per the Landscape Ordinance (12-12-13), a minimum of one (1) deciduous shade tree per 8,000 sq. ft. must be planted upon all 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. Blocks & Easements 1. 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 will be piped. Prior to the City Council hearing on the subject Preliminary Plat, the Applicant must 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. 2. No irrigation easements are shown for the Settlers Canal along the south side of McMillan Road. Applicant shall determine this easement width and modify the plat to reflect this easement prior to the City Council hearing on the Preliminary Plat. It appears the adjacent lots are of sufficient depth to accommodate any increased canal easement. If the easement does encroach into the lots, the Applicant must 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. 3. The Creason Lateral easement slightly encroaches into Lots 23-42, Block 1 (Phases 1 and 2). The Applicant must 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. 4. 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. 5. A note shall be added to the face of plat designating the two, 25-foot vehicular driveways AZ-01-M, CUP-01-006, PP-01-M Brid9 tow`C-9-AZ PP.CUP.doc Planning & Zoning Commis—on/Mayor & City Council March 12, 2001 Page 12 that serve the commercial and office lots in Block 23 as a perpetual cross access easement shared between Lots 25, 26, 28 and 29, Block 14 and shared between Lots 22, 23, 25, 26, 28, 31, 32, 34 and 36, Block 23. 6. 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 must 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. 7. The 100-year floodplain encroaches into the rear 20 feet of Lots 15-19, Block 1. The Applicant should ensure the future property owners are aware that no structures can be erected in this area. Other Site Specific Requirements Prior to the City Council hearing, 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. 2. Prior to the City Council hearing, Applicant shall revise Sheet 1 of the plat to rename "Letup Canal" as "Settlers Canal." This is not the Lemp Canal. 3. Add the "Right to Farm" note to the plat (in relation to the Huskey property SW of the subdivision). 4. Please reply in writing to these comments by 4:00pm on Wednesday, 3-14-01. Preliminary Plat Recommendation Staff feels the majority of the outstanding issues listed above can be reasonably resolved and/or fulfilled by the Applicant. We do have concerns about the phasing numbers with regard to construction of the White Drain Sewer Trunk line and construction of the elementary school. We also have concerns about the impact of the Settlers and Coleman Lateral easements. Until we can review a detailed ACHD report on this project and review a revised plat that addresses the above concerns, we recommend the P&Z Commission not make a final recommendation on this application at this time. Until action is taken on the accompanying Zoning Ordinance Amendment application, Staff recommends the P&Z Commission continues this application and not take any final action regarding planned developments. CONDITIONAL USE REQUIREMENTS 1. As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. 2. Variances/exceptions to the straight R-4 zoning standards that would be required if this PUD is approved would include the following: AZ-01-M, CUP-01-006, PP-01-005 B"d8--Cr0ssn8.AZ.PP. CUP.doc Planning & Zoning Commig-On/Mayor & City Council `- March 12, 2001 Page 13 Minimum frontage R-4 Standard 80 feet Proposed 48 feet (townhome) Minimum lot size 8,000 s.f. 69 feet (S.F.R.) 5,500 s.f. (townhome) Maximum block length 1,000 feet 1,500+ feet Maximum cul-de-sac length 450 feet Various (see #3) Minimum building setbacks: - Interior side - Front (non -front entry garage) 5 ft. per story 20 feet 0 lot line (townhome) Tiling of White Drain 15 feet (S.F.R.) (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 would need to be tiled according to Ordinance 12-4-13. The Applicant is proposing to leave the drain open and utilize as an amenity, which Staff supports. 3. Prior to the public hearing, the Applicant shall provide a list of all proposed cul-de-sac lengths within the PUD that exceed the maximum 450 feet. The MFD should comment on whether these lengths provide any potential emergency safety concerns. 4. As submitted, the City Council cannot approve this CUP/PUD application until the pending Zoning Ordinance Amendment (submitted by Becky Bowcutt), or another ordinance allowing non -conforming uses within a planned development, is approved. 5. Commercial Lots: No building elevations were submitted for the proposed commercial buildings on Lots 28, 31, 32, 34 and 36, Block 23. As stated in the Annexation Requirements above, we recommend all of these lots be processed only under CUP applications. 6. Applicant should note that, as depicted on the CUP Site Plan, Commercial Lots 36 and 28 do not reflect the minimum number of required parking stalls to operate at 100% retail occupancy. Also, several of the office and commercial lots are below the required number of ADA stalls, have parking rows split between different lots and have drive aisles below the minimum 25-foot width. These issues can be resolved at the time of CUP or Certificate of Zoning Compliance. 7• Office Lots: Sample photos/elevations of the office buildings were submitted with the application. The Applicant has stated on the face of the PUD Site Plan that a detailed CUP application will be required for the development of each lot. However, since parking, trash enclosures, landscaping and elevations were all submitted for the office lots, Staff does not feel the office lots would require CUP applications for each lot. We recommend that the office lots be allowed to be processed under a Certificate of Zoning AZ-01-003, CUP-01-006, PP-01.M BridgetowerCrossng.AZ.PP. CUP.doc Planning & Zoning Commi-*--csn/Mayor & City Council March 12, 2001 Page 14 Compliance process only, subject to Ordinance 12-6-6.17, which allows minor changes up to 10% flexibility. 8. Townhouse Lots: Sample photos/elevations of the townhomes were submitted with the application. The Applicant has stated on the face of the PUD Site Plan that a detailed CUP application will be required for the development of these townhome lots. However, since a Final Plat application will need to be submitted for this phase (shown as Phase #7) and detailed landscaping and fencing plans will be required at that time, Staff does not feel these lots would require a CUP application. Any tri-plex units would, however, require a CUP application. 9. Pathways: The Comprehensive Plan, policy 4.1, pg. 56, of the Transportation Chapter, designates Five Mile Creek as a multiple use pathway. Any pathway along Five Mile Creek will require Bureau of Reclamation (BOR) and NM D approval. Since BOR owns the Five Mile right -of --way in fee simple and the pathway location will be off -site e future from this subdivision (i.e., there is no easement involved), staff requests that the Applicant address this pathway issue during the public hearing_process. Applicant is to coordinate all public pathway improvements with the Meridian Parks & Recreation Department. The Applicant shall also address if the developer intends to dedicate any pathways within Bridgetower Crossing to the City of Meridian in the future and/or which will be owned and maintained by the Homeowner's Association. Since the pathway adjacent to the White Drain stubs to both Ten Mile Road and the eastern boundary of the subdivision, Staff recommends this segment of the pathway be considered a public pathway and part of the City's master pathway plan. The Applicant should also address this issue before the Commission and with the Parks & Recreation Department. 10. The traffic study prepared by Washington Group states the three (3) Residential Collectors proposed are adequate and no new Collector up to McMillan Road is necessary. Staff concurs with this recommendation. However, we do not agree that some public street connection to McMillan Road is not necessary at all. During the Pre - Application meeting on this project, Staff recommended that the local road shown in Phase 14, Block 20, be extended to connect with McMillan. At build -out, this subdivision will have a full mile of frontage along McMillan Road (except for the 310 feet of frontage the enclave parcels have that are not a part of Bridgetower Crossing). If constructed as proposed in the CUP/PUD concept plan, there would be no vehicular from McMillan Road except for N. Desertbreeze access into or out of the subdivision Avenue, the cul-de-sac that serves the 59 townhouse lots. Future development on the north side of McMillan Road, both commercial and residential, will certainly provide a destination point for some Bridgetower Crossing residents. As designed, all trips with a destination to the north side of McMillan will be forced to use either Ten Mile or Linder Roads, adding unnecessary traffic to these 4-way intersections. All parent, school activity or other trips to the elementary school site from the west and north will be forced to access the school (as proposed in the CUP/PUD concept plan) through the subdivision. AZ-01-M, CUP-01-006, PP-01-M BridgetowtrCroyyng. AZ. PP. CUP. doc Planning & Zoning Commis,ron/Mayor & City Council �.. March 12, 2001 Page 15 Staff recommends a standard local street 50 feet right-of-way) connection to McMillan Road be added adjacent to or near the western boundary of the school site. It would not be designed to a Collector standard and could incorporate bends or other traffic calming devices to minimize any potential cut -through traffic. Staff cannot support the CUP/PUD concept without some vehicular connection made to McMillan Road. At a minimum, a ped/bike connection to McMillan must be added. [NOTE: This issue pertains only to the CUP/PUD application since it is outside the boundaries of the proposed Preliminary Plat. If the Commission/Council agree, only the CUP/PUD Site Plan would need to be amended — not the Preliminary Plat.] 11. No subdivision sign details or renderings were submitted. Detailed signage plans will be subject to design review and separate permits. 12. Note that special attention will need to be paid on the Landscape Plan to ensure the 40' x 40' clear vision triangles are preserved at the intersections of all roadways. The preliminary plan currently shows some trees within these areas. 13. Ordinance 12-6-7.1) requires that all planned developments provide underground utilities throughout the entire project site. 14. Please provide elevations of the proposed clubhouse for review and approval. 15. Staff recommends the Applicant contact the Meridian Historical Society regarding placement of historic signage of the cemetery and graves on Lot 48, Block 26 and/or other historic educational information. Conditional Use Permit Recommendation Except for the access to McMillan Road, Staff feels the majority of the outstanding issues listed above can be reasonably resolved and/or fulfilled by the Applicant. Until we can review a detailed ACHD report on this project and review a revised plat that addresses the above concerns, we recommend the P&Z Commission not make a final recommendation on this application at this time. Until action is taken on the accompanying Zoning Ordinance Amendment application, Staff recommends the P&Z Commission continue this application and not take any final action. COMPREHENSIVE PLAN POLICIES The 1993 Comprehensive Plan contains a variety of goals and policies that are relevant to this application. Staff has selected the following sections that most directly apply to the proposed project: Economic Development Policies 3.1 U, 3.2U AZ-0I-M, CUP-01-006, PP-01_M Bnd8-werCr0Wng AZ.PP.CUPA,, Planning & Zoning Commis,- ,,n/Mayor & City Council March 12, 2001 Page 16 Land Use Chanter Policies 2.1U, 2.2U, 2.3U, 6.3.c Natural Resources and Hazardous Areas Cha ter Policies 1.1U, 2.1U, 2.5U, 3.1U, 4.1U _Transportation Chanter Policies 1.6U, 1.9U Open Space Parks & Recreation Policies 3.1, 5.3 _Housing Chapter Policies 1.3, 1.4, 1.7, 1.12, 1.13U, 1.18 Community Design Cha tamer Policies 1.8, 5.2U AZ-01-M, CUP-01-0o6, rr-O,_M CVO--C 9.AZ.PP.CUP.d. BECKY BOWCYTT PLANNING SERVICE t l -p n i a� d' za'l cis N.f- March 14, 2001 City of Meridian Attn: Brad Hawkins -Clark & Bruce Freckleton 33 East Idaho Meridian, Idaho 83642 Re: Bridgetower Crossing Subdivision (File No. AZ-01-003, PP-01-005 & CUP-01-006) Dear Brad and Bruce: ANNEXATION & Dill i (FNFRAi COMMENTS L The applicant is in agreement. 2. The applicant is in agreement. 3. The applicant is in agreement. 4. It is my understanding, that the 16 acre commercial parcel can be serviced and the comment stating otherwise is in error. The applicant will be required to extend sewer and water services to and through the subject parcels. Therefore, water and sewer service will be available at the intersection of Ten Mile and Mcmillan Road, which will provide service to the 16 acre commercial property. 5. The applicant prefers the two phased annexation approach. The applicant is willing to enter into a Development Agreement which specifies the terms and time frames of the annexation. This project is unique due to its massive size and the complexity of the project. It was the applicant's desire to design the entire project to provide a blueprint for a community. Staff has discussed the issue of property taxes as a main concern on annexation of all parcels and has indicated the levy rate increase would be smalL If the property were to be evaluated for tax purposes as agricultural, this statement would be correct. However, it is a major concern of the applicant that the assessor may consider the property as development land and not agricultural land if it were annexed. I am aware of other cases where this has transpired. One staff issue is the concern that the White Sewer Trunk easement outside City Limits. We question this concern since a majority of the three miles of future sewer easements along the White Drain will be outside of the City Limits. We are opposed to modifying the PUD boundaries to match the preliminary plat. the project into two segments would create problems with open space and n nonforming use on of exceptions. It is the intent of Public Works Department to extend sewer service (i.e.. Whit Trunk) through the property to the east boundary. If the easterly area was excluded from the approval under MAR 14 '01 17:08 pQnp ca N.0 the PUB, then the risk of future changes to street and lot configuration would exist. If the east portion both parties (City and Applicant) are committed to this alignment. ANNEXATI IN -SITE SPFI rr1C RFQUMEXE 1. The applicant agrees. 2. The applicant agrees. 3. It is my understanding that this comment is in error. Staff agrees to omit this comment. 4. The applicant is in agreement. 5. The applicant has sent a letter to the School District with the information the District requested concerning the elementary site. It is our intentions to enter into an agreement with the District. We request that the timing of the second annexation match the dates setforth in the agreement with the District. The applicant views the elementary school as a benefit to the project. It is of great importance that construction of the school take place within the near future to provide for the educational needs of the children in Bridgetower Crossing. We will cooperate with the District and provide the necessary annexation and essential public services to facilitate the construction of the school. 6. The applicant is in agreement. 7. Staffs comment needs to be clarified. Is the staff requesting the sidewalk be located within the landscape buffer and outside public right-of-way? If this is the request, condition should be modified to state that fact. Ada county Highway District will specify that the sidewalk be located (2) foot from edge of new right-of-way. However, when these section line roads are constructed to full section, the sidewalk will be at back of curb. ACHD will allow the applicant to construct the sidewalk in a landscape lot. 1. The applicant agrees to this condition. However, we would like to incorporate language which states: Any subsequent ditch ordinances in effect at the time of construction plan and final plat submittal may be applied to this project. 2. The applicant agrees. 3. The applicant agrees. 4. The applicant agrees. 5. The applicant agrees. 6. The applicant agrees. 7. The applicant would like clarification on the new sign ordinance. The reference to temporary signs, does this prohibit real estate signs or directional signs for model homes or a sales office? 8. The applicant agrees. 9. The applicant agrees. MAR 14 '01 17:09 pare' P 7 PRELIMINARY PLAT REQUIRImF E M ERAT. 1. The applicant is in agreement. 2. The applicant will comply. UBLI `WORKS I. The applicant will comply. 2. The applicant understands his responsibility to construct services through the subject property. It is his understanding that the City of Meridian will be designing and constructing the White Drain trunk. 3. The applicant is in agreement. The applicant will cooperate with Public Works on a well site. The applicant and Public Works will discuss location and specifics of the well site. 4. the applicant is in agreement. 5. The applicant will comply. 6_ The applicant will comply. 7. The applicant will provide the information. 8. The applicant will comply. 9. I am confused about the lot and blocks referenced in the condition. I believe the condition should read Lots 23 - 45, block 1 and lots 3 - 6, block 9. Please verify and correct if necessary. 10. The applicant is in agreement. The reference to block 7 is incorrect, condition should read block 23. STRFFTS/PATHWAYS 1. The applicant will comply. 2. The applicant will coordinate with Meridian Fire Department, 3. The applicant will coordinate with Public Works, 4. The applicant will coordinate with ACHD. However, on Bridgetower No. 1 the District disagreed with the concept of the bike lanes along the collector roadways when internal pathways were created. We will pursue this issue again. 5. The applicant will comply. lELndI-q- _g && Fen°ink 1. The applicant will comply. 2. The applicant will comply. 3. Lot 20 was intended to accommodate the White Drain and landscaping. 1 am not sure why it was not reflected on the landscape plans. My conversation with Bruce Freckleton on 3/14/01, indicate that this lot may be MAR 14 '01 17:09 por'p yid an ideal location for a City well. P•-) 4. The applicant will comply. 5. The applicant will coordinate with Public Works on the design of the ponds and relocation of the drain. The applicant will also be subject to the requirements of Settler Irrigation District. 6. The applicant will comply. 7. The applicant will comply. S. The applicant's landscape architect has been working with staff on compliance with new Landscape Ordinance. The applicant will be providing trees along the front lot lines as shown on the landscape plan. It was our understanding that these trees would be calculated in the overall tree requirements_ BLOCKS & EASEMENTS 1. The applicant will coordinate this issue with Settlers Irrigation District. 2. The applicant will provide the information requested. We are waiting for written comments from Settlers. 3. The applicant will provide the information. 4. The applicant will comply. 5. The applicant will comply. 6. The applicant will comply. 7. The applicant will comply. QTHF 51TLOUIRE�e 1. The applicant will comply. 2. The applicant will comply. 3. The applicant will comply. 4. The will attempt to comply. CONDITIONALMIUQUKEMEM 1. The applicant understands. 2. The applicant is in agreement. 3. All cul-de-sacs are within the 450 foot threshold with the exception of the north cul-de-sac in block 20. The cul-de-sac is 480 feet. I believe this was oversight on our part. We can probably make minor adjustments to bring it into compliance. 4. The applicant understands. 5. The applicant is in agreement. 6. The applicant is in agreement. MAR 14 '01 17:09 pAf;F. A7 7. The applicant agrees. ' V.0 8. The applicant agrees. 9. The applicant will coordinate with the Parks Department on the issue of pathways. The applicant may consider public dedication of pathways if maintenance and liability issue can be agreed upon. For the record, the applicant wants the City to be aware of the fact that Five Mile Creek is under ownership of the Bureau of Reclamation and will be deeded to NNUD in the near future. 10. The applicant's traffic engineer evaluated the collector roadways and internal roadway network It was determined that a collector to Mcmillan would not be necessary. We have concerns about cut through traffic to the school site. We are amdous to review ACHD's comments concerning this issue. 11.The applicant will comply. 12. The applicant will comply. 13. The applicant will comply. 14. The applicant will provide elevations of the Clubhouse for Staff review. 15. The applicant will comply. Becky L. Bowcutt 4L!�'G"� J .a �' This letter is regarding the development schedule for the Resolution Business Park and the proposed Overland Road improvements. Construction of utilities and streets in our project will begin within the next 30 days with completion in spring or early summer of 2001. MAR 14 '01 17:10 PArF qa r HUG C .L Nbb Ada County nighIN �uuy reavey-uerr, President Dave Bivens, 1st Vice President Sherry R. Huber, 2nd Vice President Susan S. Eastlake, Commissioner David E. Wynkoop, Commissioner March 14, 2001 City of Meridian 33 E. Idaho Street Meridian, ID 83642 RE: Bridgetower Subdivision Dear Planning & Zoning Commissioners and Staff; 318 East 37th Street Garden City ID 83714-6499 Phone (208) 387-6100 FAX (208) 387-6391 E-mail: tellus@ACHD.ada.id.us ACHD has received an application for annexation and rezone for approximately plat for 175-acres. The applicant also submitted a conceptual planf o the area beinng rezoned butnot preliminary currently being platted. Due to traffic considerations, the ACHD Commission has not yet acted on this application, while we are awaiting further information. ACHD also received a copy of the traffic impact study conducted for this site. The study indicates that all roadways in the area can handle the existing plus project traffic. The study did not take into account other development occurring in the area. When the traffic generation for this project alone is considered, then all is well. But when additional traffic from surrounding properties yet to be developed is entered into the models, the traffic system quickly becomes over capacity in the area between Ustick Road and Chinden Boulevard and Meridian Road to Black Cat Road. ACHD is aware of several potential developments in the surroundin square miles of Bridgetower, though official applications have not yet been submitted. g ACHD has hired a consultant to conduct an overall traffic study of the six square miles in which major development is occurring in Meridian. The consultant anticipates completion of a draft study by the en of next week. We will use to the information from the study to determine what improvements are necessary these developments to keep the roadways operating at capacity. For example, ACHD may require turnby lanes, widening of the arterials, construction of traffic signals and other system igmprovements,b implementing an extra -ordinary impact fee overlay district. That is just one idea, and I anticipate further depth investigation once the study has been reviewed. y p in - The summary analysis of the traffic study for the plat and 370-acre annexation/rezone request inclu following information (excluding arterial roadway information)- des the 1, The project site Includes 744 single-family residences, 61 senior housing units and 349 000 sgftof general office space. A future phase north of McMillan Road includes a 15.68-8cre neighborhood shopping center. 2. The residential/office portion of the site generates 11,136 daily vehicle trips or 1303 vehicle trips during the pm peak hour, v 3, The neighborhood shopping center site generates 5,524 daily vehicle trips or 518 vehicle the Pm peak hour, eh c/e trips during MAR 15 '01 11:51 208 387 6393 PAGE.01 4. The elementary school generates 510 daily vehicle trips or 730 vehicle trips during the pm peak hour. 5. None of the internal local streets exceed the planning threshold values for residential streets. The traffic volumes justify no redesign of the internal local street system. 6. None of the internal collector streets exceed the planning threshold values for collector streets. No additional collector streets are warranted by the traffic volumes. 7. The layout of the internal collector streets eliminates the potential for cut -through tragic and the need for traffic calming. A collector street connection to McMillan Road is not justified by the traffic volumes 8. The private driveways/roadways abutting the office components provide adequate site access. The 9. traffic volumes do not justify direct lot access to the arterial street system. The applicant and the Ada County Highway District should review the design of the access to the elementary school. There are some advantages to reconfiguring the elementary school site to allow the school buses and the parents' drop-off/pick-up trips on the external, arterial roadway system. 10. The applicant and the Ada County Highway District should review the design of the Collector A/Collector B/Collector C intersection. The proposed intersection easily accommodates the anticipated traffic volumes and should be retained if traffic calming is it important concern. The alternative intersection also easily accommodates the anticipated traffic volumes and but should be considered if there is to be less emphasis on traffic calming and more concern with the efficient movement of traffic. 11. The neighborhood shopping center has adequate site access through the four proposed driveways. This transportation analysis has identified the following recommendations: 1. None of the internal local streets exceed the planning threshold values for residential streets. Construct the local street system as proposed. 2. None of the internal collector streets exceed the planning threshold values for Construct the collector street system as proposed. collector streets. 3. The ACHD Policy Manual identifies a 29-foot collector street as section C2-NP. This street section is appropriate for this project. The collector roadways will require widening to 36-feet at intersections to allow for a center left -turn lane. 4• The layout of the internal collector streets eliminates the potential for cut -through traffic and the nee 5. d for traffic calming. The traffic volumes do not justify a collector street connection to McMillan Road. The private driveways/roadways abutting the office components provide adequate site access. The traffic volumes do not justify direct lot access to the arterial street system. 6. The applicant and the Ada County Highway District should review the design of the access to the elementary school. There are some advantages to reconfiguring the elementary school site to allow �• the school buses and the parents' drop-off/pick-up trips on the external, arterial roadway system. The applicant and the Ada County Highway District should review the design of the Co/lector A/Collector B/Collector C intersection. The proposed intersection easily accommodates the anticipated traffic volumes and should be retained if traffic calming is an important concern. The alternative intersection also easily accommodates the anticipated traffic volumes and but should be considered if there is to be less emphasis on traffic calming and more concern with the efficient movement of traffic. 8. The neighborhood shopping center has adequate site access through the four proposed driveways. Each of the driveways should provide one inbound and two outbound lanes. MAR 15 101 11:51 208 387 6393 PAGE.02 r-Huc G ID For your purposes, I have reviewed the site plan and offer the following Preliminary plat (excluding impacts and required improvements to the surroun ding artnts rt the proposed di excluding the conceptual "future', plan): arterial roadways, and Driveways for the proposed office/commercial lots on McMillan Road and located 440-feet from the intersection for full access driveways, as proposed. Should be constructed as residential Towerbridge Drive, Belltower Drive and Desert Breeze Avenue p Ten Mile Road should be collectors: 36-foot street sections, with curb, gutter and 5-foot wide concrete front -on housing are restricted on residential collectors. sidewalks. Parkin The intersection location of Ten Mile Road and Belltower Drive a 9 and The intersection location of McMillan Road and Desert Breeze Avenue a policy. appears to conform to ACHD policy. • All irrigation and utility facilities on Ustick Road, Ten Mile Road and M appears to conform to ACHD relocated outside of the new rights -of -ways. (This includes the Setters C Dedicate 48-feet of right-of-way from the centerline of Ustick cM;llan Road, are to be • Road. anal.) The applicant is not proposing a vehicular connection Road, Ten Mile Road and McMillan prevent cut -through traffic. Staff recommends that the Cityrequire a tion with this plat to McMillan Road in order to the town homes (Block 7) and the subdivision lots (Block 4). q pedestrian connection between • The applicant does not indicate a stub street to the parcel to the east of the "future" site. ACHD may require a stub street to that parcel either with in the future, with the development of the area being annexed the town homes, and west of Local streets should be constructed as 36-foot street sections with the current application, or ,but not yet platted. concrete sidewalks within 50-feet of right-of-wa h curb, g With parking restricted on one side for streets with less Dan 1,000 v utter and 5-foot wide The applicant is proposing to stub the followingPolicy ,also allows trips Per t street sections vehicle trips per day. being annexed: Coppercloud Way to the north; Messina Street to they Tei no Drive to the east; and proposing a connection to Tow the property that is "future that is also The internal street intersection designs should be reviewed an east; Verona Drive to the east; staff. erbridge Way at the south. d approved by ACHD Traffic Services Based on the traffic study and the sitinter ACHD policy. e plan, it appears that thenal roadway configuration conforms ACHD would request that the City_ Council not make a final determination on this project until after thorough to review of the traffic impacts to the system, and approval by the ACH Sincerely D Commissioners. Christy Richardson Principal Development Analyst Cc: Becky Bowcutt City of Meridian, Planning & Zoning MAR 15 101 11:51 NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, at the hour of 7:00 p.m. on Thursday, March 15, 2001, for the purpose of reviewing and considering the application of Primeland Development Co., LLC for annexation and zoning of 371.42 acres in proposed R-4 and C-G zones for proposed Bridgetower Crossing Subdivision generally located at 2420 West Ustick Road, north of West Ustick Road and east of North Ten Mile Road; Furthermore, the applicant requests a Preliminary Plat approval of 336 building lots and 58 other lots on 175.91 acres which is generally located north of West Ustick Road and east of North Ten Mile Road as well as a Conditional Use Permit for a planned development consisting of 692 single-family lots, 59 town homes, 17 office lots and 10 commercial lots on 370.55 acres in proposed R-4 and C-G zones for proposed Bridgetower Crossing Subdivision generally located at 2420 West Ustick Road, north of West Ustick Road and east of North Ten Mile Road. A more specific detailed draft of the proposed ordinance amendments are on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Avenue, and is available for inspection during regular business hours, Monday through Friday, from 8:00 a.m. to 5:00 p.m. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing, and the public is welcome and invited to submit testimony. Oral testimony may be limited to three (3) minutes per person. Written materials may be submitted seven (7) days prior to the above hearing date so that all interested parties may examine them prior to the hearing. All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 72 hours prior to the public meeting. DATED this 5th day of February, 2001. `���rlrltitftllll�r PUBLISH February 9th and 23`", 2001. WILLIAM G. BERG, JR., I LEFT pl= M SUL Theldaho - Statesman P.O. Box 40, Boise, Idaho 83707-0040 LFr'Aj Anvj=QriC-IP-jt% -- -- --- - - LEGAL NOTI NOTICE OF HEARING NOTICE N uruat to the ordinances) of the C� of Meridian nand the Laws of the State of Idaho that the Planning andwill hold Commission pub) c hearing at a Meridiof an City hall, 33 East Idaho Avenue, Meridian, Idaho, at the hour of 7:00 p.m. March 15, 2001, for the purpose of reviewin sidering the applications of: _ con - Development and nd and Development Co., LLp for annexation and zoning of 371.42 acres in proposed R-4 and C-G zones for proposed Bridgetower Cross- ing Subdivision located at 2420 Ustick Road: nePlat ebp for Prelimry" approval of 33ment 6ild building an8 other lots on 175.91 acres in groposed RA and C•G zones for proposed ridgetower Crossing Subdivision located north of Ustick and east of Ten Mile: Primeland Development Co., LLp for a Conditional Use Permit for Planned Devel- opment consistingg of 692 single-family lots, 59 town homes, 17 office lots, and 10 com- R-4r and) C-G zones*foracres in proposed rBrosed ldge- tower Crossing Subdivision located north of Ustick and east of Ten Mile. Pub. Feb. 2 3, Mar. 9, 2001 9637 JANICE HII DRETH, being duly sworn, deposes and says: That she is the Principal Clerk of The Idaho Statesman, a daily newspaper printed and published at Boise, Ada County, State of Idaho, and having a general circulation therein, and which said newspaper has been continuously and uninterruptedly published in said County during a period of twelve consecutive months prior to the first publication of the notice, a copy of which is attached hereto: that said notice was published in The Idaho Statesman, in conformity with Section 60-108, Idaho Code, as amended for: _ TWO consecutive consecutive Insertion(s) beginning with the issue of: and ending with the issue of: weekly =single daily =odd skip FEBRUARY 2 3 , 2001 MARCH 9 2001 STATE OF IDAHO ) )Ss COUNTY OF ADA On this 9 day of MARCH before me, a Notary Public, personal) appeared in the year of 2001 me Janice eth known or identified to me to be the person ewhose ename subscribed Itor he within instrument, and being by me first duly sworn, declared that the state- ments therein are true, and acknowledged to me that she executenhe same. Notary Public for Idaho Residing at: Boise, Idaho My Commission expires: aQ MAYOR — HUB OF TREASURE VALLEY Robert D. Corrie CITY COUNCIL MEMBERS A Good Place to Live CITY OF MERIDIAN LEGAL DEPARTMENT 9 (208) 2 •Fax 288-2501 Ron Anderson Keith Bird 33 EAST IDAHO MERIDIAN, IDAHO 83642 PUUBLIBLI C WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 Tammy deWeerd Cherie McCandless (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 PLANNING AND ZONING DEPARTMENT (208) 884-5533 - Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: March 8, 2001 Transmittal Date: February 20, 2001 Hearing Date: March 15, 2001 File No.: CUP 01-006 Request: Conditional Use Permit for 692 single-family lots, 59 townhomes, 17 office lots and 10 commercial lots on 370.55 acres in proposed R-4 and C-G zones for proposed Bridgetower Crossing Subdivision By: Primeland Development Co.. LLC Location of Property or Project: north of Ustick Road, east of Ten Mile Road Sally Norton, P/Z Bill Nary, P/Z Jerry Centers, P/Z Richard Hatcher, P/Z —__ Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Building Department Fire Department Police Department City Attorney City Engineer Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department Your Concise Remarks: yo Cap„ �/r.✓f City Planner Parks Department (Residential Appilcadons only) Gen - 26 PP/FP/PFP - 30 AZ .27 .DECEIVED MAR - 2 2001 CITY OF MERIDIAN MAYOR _ HUB OF TREASURE VALLEY r~ Robert D. Come A Good Place to Live CITY COUNCIL MEMBERS CITY OF MERIDIAN LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 Ron Anderson Keith Bud 33 EAST IDAHO MERIDIAN, IDAHO 83642 PUBLIC WORKS BUILDING DEPARTMENT Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 (208) 887-2211 1 Fax 887-1297 Cherie McCandless City Clerk Office Fax (208) 888-4218 PLANNING AND ZONING DEPARTMENT (208) 894-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT WITH THE CITY OF MERIDIAN PROJECTS To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Be rg, City Clerk, by: March 8, Transmittal Date: February 20 2001 File No.: CUP 01_006 Hearing Date: Request: Conditional Use Permit f 2001 March 15, 2001 lots on 37046' acres in pr000sed R.4 r d 2siragle-fill mily Tots, 59 townhomes, 17 office 1 BY: Primeland Location of Property or Project: an C-G zones for proposed Bridgetower Cois ill rossing Subdivision mmercial Co., opment LLC Sally ,Norton, P/Z Bill Nary, P/Z Jerry Centers, P/Z Richard Hatcher, P/Z ------- Keith Borup, P/Z -------_Robert Come, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Building Department .............................. _ Fire Department ---. Police Department City Attorney City Engineer City Planner ------- — Parks Department (Resicie Gen - 28 PP/FP/PFP .30 AZ .27 north of Ustick Road, east of Ten Mile Road ECEIV-ED FEB 2 6 2001 CITY OF MERIDIAN Meridian School District Meridian Post Office (FP/pp) Ada County Highway District --- Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/Pp) U.S. West (FP/PP) Intermountain Gas (FP/Pp) --- Ada Ada County (Annexation) Idaho Transportation Department i r EB 2 2 2001 7 MAYOR �� �' �tt�+�unc vnLt.nt Robert D. Come A Good Place to Live LEGAL DEPARTMENT CITY COUNCIL MEMBERS i:IT '_- 0A MERID N (208) 2P88-2499 - Fax 288.2501 Ron Anderson 33 EAST IDAHO PUBLIC WORKS BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 887-2211 - Fax 887-1297 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 Cherie McCandless City Clerk Office Fax (208) 888-4218 PLANNING AND ZONING DEPARTMENT (208)884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: March 8, 2001 Transmittal Date: February 20, 2001 Hearing Date: March 15, 2001 File No.: CUP 01-066 Request: Conditional Use Permit for 692 single-family lots, 59 townhomes, 17 office lots and 10 commercial lots on 370.55 acres in roposed R-4 and C-G zones for proposed Brid etower Crossin Subdivision By: Primeland Development Co., LLC Location of Property or Project: north of Ustick Road, east of Ten Mile Road Sally .Norton, P/Z Bill Nary, p/Z Meridian School District __Jerry Centers, P2 Richard Hatcher, Meridian Post Office (FP/PP) Ada County Highway P/Z District Keith Borup, Pfz Community Planning Assoc. Robert Corrie, Mayor Central District Health Ron Anderson, C/C Nampa Meridian Irrig. District _Tammy deWeer'd, C/C Settlers Irrigation District Keith Bird, C/C Idaho Power Co. (FP/PP) Cherie McCandless, C/C -- Water Department U.S. West (FP/PP) Intermountain Gas (FP/PP) Sewer Department Ada County (Annexation) -------- Sanitary Service Idaho Transportation Department Building Department Your Concise Remarks: ................... _ Fire Department �_ Police Department ____ City Attorney ------ _ City Engineer City Planner ----- Parks Department (Resident;al,4V1catKm only) Gen - 26 PP/FP/PFP - 30 AZ - 27 iI at: l . RECEIVED FEB 2 6 2001 CITY OF MERIDIAN " z r i 21Jb1 09: 56 2088885052 SANITARY SERVICE HUB OF TREASURE VALLEY y PAGE 05 MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Ron Anderson Kcith Bird Tammy deWeerd Chene McCandless A Good Place to Live CITE' OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 LEGAL DEPARTMF,t1T (208) 288-2499 •Pax 288.250, PUBLIC WORKS BUILDING DEPARTMENT (208) 887.2211 • Fax 887.1297 PLANNNG AND ZONING DEPARTMENT (208) 884-5533 • Fix 886-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOP WITH THE CITY OF MERIDIAN DEVELOPMENT PROJECTS To insure that your comments and recommendations will be considered by the Meridian Planning and zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg City CI erk, by: March 8, 2001 Transmittal Date: February 20, 2001 Hearing Date: File No.: CUP Q1.0Q6 Request: Cond;uonal Use Permit for 692 sin lots on 370.55 acrnc .., „�___ By r-nmeland Devel Location of Property or Project: R-4 and C-G zones for opment Co., LLC 59 March 15 2001 17 --11 low and 10 commercial r Crossing Subdivision north of Ustick Road, east of Ten Mile Road Sally Morton, P/Z Bill Nary, P/Z Meridian School District Jerry Centers. P/Z ------ . Meridian Post Office (FP/PP) Richard Hatcher P/Z Ada County HighWay District Keith Borup, P/Z Community Planning Assoc Robert Come, Mayor ------. Central District Health Ron Anderson, C/C Nampa Meridian Irri �— Tammy deWeerd. C/C — Settlers Irrigation 9. District S gation District Keith Bind, C/C — Idaho Power Co- (FP/PP) Cherie McCandless, C/C U.S. West (FP/PP) r_ Water Department ------`_ Intermountain Gas (FP/PP) Seer Department ------ Ada County (Annexation) Sanitary Service Idaho Transportation De �Your _ Building Departmentn Department Concise Remarks: C i �/ _ Fire Department Police Department ------ � City Attorney City Engineer City Planner Parks Department (Rast*jtio,q�k:adons only) Gen - 26 P'P/FP/PFP . JO A2 • 27 RECEIVED FEB 21 2001 CITY OF MERIDIAN FEB 27 101 10:14 `1j wll ■_ ifJ ■ 9 c a� cv LLJ O 0 Fm :" 6. N ~ T ■ ■ d c0 �` pip a) C % O > o c "3 L E �N c�¢ c cl t cu 0 o`o r. r. CL d� c w ~O o 6. y o ° a� y� y acia C A=-cE N n. 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[wNEi;F'oy��o bD`o on3 $ cU crdli c� u c Vw o � m-00 o a E v a o •5 3 V �'= a..4 vov3m _ iy y N N x uU c 0N.Soa[icyay.5oE0 c°:oa[N�o=AF �S f`. �• 7.0 ° O ,[ VO O y y I s: ° Z O U u a t7'E'O F1 o� uui .E• G "' �An .Gy`°•d� 7� a>i C to �C], y'� E El y'�' a m y bn 'b y•� �•3 E [ 7 V �-'•-- N ° C�J �' y y i O y y� U•Y 0 [ ~ . W vU 3 T� N ° u y coo rJ 5 TN wa« ° ° E CAE o-o I o b0 w vv q T '� id a -•a ~ 'Cy y boc v a> y n y[° y `" op y° u .y, 3 i _ C O �p+p C! I. O w [ 'b bn Ct a o y 0 N I.O. Id N • > y _ � rur-� ,f'-. y y - .'a•+ ate � .E aV:, Ql •.. L :.'v ✓ " E � y Fco' E:m CvI.+EoCW[0u[C.�y y�o"- .7 v° 3 .n au y o °u 04U u 3 as o 3 0 �� May 14, 2001 CUP 01-006 MERIDIAN PLANNING & ZONING MEETING May 17, 2001 APPLICANT Primeland Development, Co. LLP ITEM NO. REQUEST Continued Public Hearing -- Conditional Use Permit for 692 single-family lots, 59 townhomes, 17 office lots and 10 commercial lots on 370.55 acres in proposed R-4 and C-G zones for proposed Bridgetower Crossing Subdivision -- north of Ustick and east of Ten Mile Roads 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: SANITARY SERVICE: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: See Previous Item Packet OTHER: Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. On the last issue about zoning rules not yet being in effect, Staffs report dated 3- 12-01 (item #4, pg. 5) does specify which portions of the project would not be in compliance under the existing zoning regulations and stipulates when lots may be annexed and when building permits could be issued. Settlers Canal Easement: Another unresolved issue was the location and width of the Settlers Canal along the south side of McMillan Road (see #2 on pg. 11 of the 3-12-01 staff report). The Applicant met with the Settlers Irrigation District Board but, as of this date, the District still has not provided an exact easement width. Given the ample depth of the residential lots adjacent to the south side of this canal and considering the average easement width provided for other canals of similar size, the Applicant has made assurances to the Commission that the lots abutting the canal will not be significantly impacted. Staff agree and, while we feel this easement width must still be determined and shown on the Preliminary Plat, we feel this issue could be determined prior to the City Council hearing rather than holding up approval at the P&Z Commission level. The Commission could attach a condition that the Preliminary Plat must be remanded back for the Commission's review if the Settlers Canal easement width results in the elimination of any lots currently shown on the plat. Design of White Drain: Another pending matter was the design of the White Drain and whether or not it will be piped. Settlers Irrigation District has required that the drain either be piped (their preference) or the City take on liability. Settlers also will not allow any subdivision drainage water into the White Drain. The Applicant has prepared a conceptual drainage plan for the site and is prepared to discuss their options at the meeting. The Applicant told Staff that regardless of whether or not the White Drain is piped, they will provide a water amenity as shown on the CUP Plan. Other Considerations: Historically, the P&Z Commission has chosen to only forward applications to City Council once all major issues are resolved and all applications can be forwarded to Council as a single package. Although the Annexation application was approved separately, the Preliminary Plat and CUP applications must be kept together and cannot be separated (i.e. open space allowances, office uses, townhouse uses). The Commission has also typically delayed approval until final ACHD action has been taken. As stated above, ACHD has delayed action until after their 5-21-01 meeting with the City Council. Even if ACHD acts on the Preliminary Plat, the City has no estimate of when ACHD will act on the CUP application and if significant street system changes will need to be made to the CUP Plan as a result of ACHD's conditions. A significant difference with this application from previous applications is the White Drain Sewer Trunk extension. To date, the Applicant has not granted the City a sanitary sewer easement to extend the new trunk line from Ten Mile to the east. However, the Applicant has stated that this easement may be granted once they have initial assurances that Bridgetower Crossing will be approved. 0 Page 3 PUBLIC HEARING - SIGN-UP SHEET DATE 1`� ► l ltr n N 0 � PROJECT NUMBER C V p p 1- 0(3U PROJECT NAME ,ridge �� Cydssir-1� S�bc�iv;s;i�r, April 16, 2001 CUP 01-006 MERIDIAN PLANNING & ZONING MEETING April 19, 2001 APPLICANT Primeland Development, Co. LLP ITEM NO. REQUEST Conditional Use Permit for 692 single-family lots, 59 townhomes, 17 office lots and 10 commercial lots on 370.55 acres in proposed R-4 and C-G zones for proposed Brigetower Crossing Subdivision -- north of Ustick Road, east of Ten Mile Road omm ,6 UeA P ` 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: SANITARY SERVICE: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: OTHER: See Previous Item Packet r I0 Contacted: Date: _�-� j f e Phone: jy - 3q Q y Materia presented at public meetings shall become property of the City of Meridian. APR-19-2001 THU 01:28 PM ELAM & BURKE FAX NO. 2083845844 4-(� -o' ELAM & BURKE 121 -b A Projaesional Association r ATTORNEYS AND COUNSELORS AT LAW KEY FINANCIAL CENTER 702 WEST IDAHO POST OFFICE BOX 1539 B SCOTT L. CAMPBELL OISE, IDAHO83701 April 19, 2001 VIA FACSTMTLF 888-6854 Ms, Shari Stiles Planning and Zoning Administrator City o[Meridian 660 F,. Water Tower Ln., Ste. 202 Meridian, Idaho 83642 Re: Bridge Tower Subdivision Dear Ms. Stiles: TELEPHONE 208-343-5454 FACSIMILE 208-384-5644 RECEIVED APR 19 2001 CITY OF MERIDIAN I am writing on behalf of my client, Settlers Irrigation District, concerning the proposed Bridge Tower Subdivision development. During the Board of Directors' monthly meeting, conducted on April 12, 2001, representatives of this development presented requests for approval of a number of issues which directly involve Settlers Irrigation District. The Board of Directors has taken under advisement a number of issues presented by the developer's representatives at that meeting. Additionally, the Board of Directors has reached a decision with respect to four items upon which the developers have requested action by the District. The District's position on those items follows: 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. Any water storage facilities/ponds must be constructed in such a manner so that there is no connection with the White Drain. Settlers Irrigation District strongly recommends that the White Drain be enclosed in a the of the appropriate size and specifications, If such enclosure is accomplished the standard documentation required by the District will be required. If the developer elects to keep the White Drain open and determines to proceed with the development as a residential subdivision, the City of Meridian P. 02 APR-19-2001 THU 01:28 PM ELAM & BURKE FAX N0, 2083845844 P. 03 Shari Stiles April 19, 2001 Page 2 must agree to assume all liability associated with the continued operation of the White Drain, pursuant to an indemnification agreement which is executed with the Settlers Irrigation District Board of Directors. Please direct any inquiries concerning these matters directly to me and provide a copy of correspondence to Settlers Irrigation District. Thank you for this opportunity of providing comment on this matter. st.cn„ cc; Settlers Irrigation DisUict, Duard of Directors Vicki1(cen Very truly yours, PLAM & BURKE A Professional Association A Scott L. Campbell 1 A.PR-19-2001 THU 01:27 PM ELAM & BURKE FAX NO. 2083845844 P, 01 ELAM & BURKE A Professional Association ATTORNEYS AND COUNSELORS AT LAW Fstahlished in 1928 KEY FINANCIAL CENTER TELEPHONE 702 WEST IDAHO 208-343-5454 POST OFFICE BOX 1539 BOISE, IDAHO 83701 FACSIMILE SCOTT L, CAMPBELL 208-354-5844 FACSIMILF TRANSMISSION April 19, 2001 Please deliver the following pages to: NAME: Shari Stiles, Planning and Zoning Administrator COMPANY: CITY OF MERIDIAN FAX #: (208) 888-6854 SENDER: Scott L. Campbell TOTAL NUMBER OF PAGES (including this page): 3 FAXED MATERIAL DESCRIPTION OR COMMENTS: Scott L. Campbell's Letter of April 19, 2001, Re: Bridge Tower Subdivision CONFIDENTIALITY NOTICE lltc information in this facsimile is confidential and intended only for the use of the addressee, The data transmitted is attorney privileged and may be exempt from disclosure. Do not copy or distribute to anyone other than the addressee. Reliance on this data by other than the intended recipient is prohibited, Plcasc notify us immediately if you have received this communication in error. Upon notification we will arrange for return of the fax copies to Elam & Burke, P.A. Thank you for your assistance. Original documents will: ( J rot low by regular (nail [ J Follow by Fcdcral Express ( xx ) Not be sent unless required for processing If you have any problems receiving, please call Dawn Peckham at (208) 343-5454. Date Completed: April 19, 2001 1./ -1 -1 11 1pl C-LJLJ1 _ ILL IlV- ILVVJ JQI VJJ1 1101LL I MQL-- L1 sI RECEIVED APR 18 2001 ADA COUNTY HIGHWAY DISTRICT CITY OF MERIDIAN Planning and Development Division Development Application Report Preliminary Plat — Bridgetower Crossing/MPPO1-005 Ten MileiMcMillan Road 336-lots This application has been referred to ACHD by the City of Meridian for review and comment. Staff is recommending approval of a preliminary plat for a 336-lot residential, commercial, and office subdivision on 175.9I-acres. The 175.91-acre site is located at the southeast corner of Ten Mile Road and McMillan Road. The applicant submitted four separate applications, and staff is only commenting on the proposed plat at this time. This development (only the preliminary plat) is estimated to generate up to 12,118 vehicle trips per day based on the submitted traffic study. On April 18, 2001, the ACHD Commission approved staff to release this draft report to the City of Meridian Planning & Zoning Commission with revisions to this report as directed by the Commission. The ACHD Commission will not make lmal recommendations on this plat until the ACHD Commission and Meridian City Council have had the opportunity to discuss development in this area. Roads impacted by this development: Ustick Road Ten Mile Road McMillan Road Linder Road ACHD Commission Date —April 18, 2001 —12:00 p.m. Facts and Findings: A. General Information Owner — E.L. Bews, Chandos Hoaglun & Young Lands, Ltd Applicant — Primeland Development Co., LLP RUT & R-4 - Existing zoning 175.91- Acres 336 - Proposed building lots 259-Single family lots 59-Townhome lots 8-Office lots 10-Commercial lots 58-Proposed common lots 349,000-Square feet of office 165,000-Square feet of commercial 256 - Traffic Analysis Zone (TAZ) Meridian - Impact Fee Service Area West Ada - Impact Fee Assessment District Bridgetower. cram Page I OPP 10 IMI 1C-10 00r= M-D Bridgetower Crossing Subdivision Ten Mile Road, McMillan Road, Ustick Rr.ad 1000 0 1000 2000 Feet by g S Bridgetower. cmm Page 2 APR 18 '81 16:19 PA ,P G? 1J•J7 rlrf[ 10P CUU1 ILL 11U. 1CUO) JOf -OJ71 X101GC r-Hk7t- `1/ Lf Ustick Road Ustick Road is a minor arterial with bike lane designation Traffic count on Ustick Road west of Linder Road was 5,318 on 8/16/00 Better than "C" -Existing Level of Service "C" -Existing plus project build -out Level of Service 700-feet of frontage 50-feet existing right-of-way (25-feet from centerline) 96-feet required right-of-way (48-feet from centerline) Ustick Road is improved with two traffic lanes with no curb, gutter or sidewalk abutting the site. The Ustick Road intersections with Ten Mile Road and Linder Road are four-way STOP controlled. The applicant is not proposing any new access points to Ustick Road. Ten Mile Road Ten Mile Road is a minor arterial with bike lane designation Traffic count on Ten Mile Road north of Ustick was 2,168 on 5/ 11/99 Better than "C" -Existing Level of Service Better than "C" -Existing plus project build -out Level of Service 2,600-feet of frontage 50-feet existing right-of-way (25-feet from centerline) 96-feet required right-of-way (48-feet from centerline) Ten Mile Road is improved with two traffic lanes with no curb, gutter or sidewalk abutting the site. The applicant is proposing to construct one public street and three driveways to access Ten Mile Road. McMillan Road McMillan Road is a minor arterial with bike lane designation Traffic count on McMillan Road west of Linder Road was 1,133 on 9/13/00. Better than "C" -Existing Level of Service Better than "C" -Existing plus project build -out Level of Service 1,240-feet of frontage 50-feet existing right-of-way (25-feet from centerline) 96-feet required right-of-way (48-feet from centerline) McMillan Road is improved with two traffic lanes with no curb, gutter or sidewalk abutting the site. The McMillan Road/Linder Road intersection is four-way STOP controlled. The McMillan Road/Ten Mile Road intersection is two-way STOP controlled only on the McMillan Road approaches. The applicant is proposing to construct one public street and three driveways to access McMillan Road. Linder Road Linder Road is a minor arterial with bike lane designation Bridgetower. cmm Page 3 APR 1R 'At 15:20 porp PA Traffic count on Linder Road north of Ustick Road was 5,067 on 5/2/00 Better than "C" -Existing Level of Service "C" -Existing plus project build -out Level of Service 0-feet of frontage (with this plat application) Linder Road is improved with two tragic lanes with no curb, gutter or sidewalk abutting the site. B. The applicant has submitted four separate applications: 1. MZA01-001 —Planned Unit Development 2. MAZO 1-003 —Annexation and zoning of 371.42-acres from RUT to R-4 and C-G 3. MPPO1-005 —Preliminary plat for 336 building lots on 175.91-acres in proposed R-4 and C-G zone 4. MCUPOI-006 — Conditional use permit for 692 single-family lot, 59 townhomes, 17 office lots and 10 commercial lots on 370.55-acres in proposed R-4 and C-G zone (includes lots in preliminary plat) (The maps are labeled by application number.) C. Staff is recommending that the Commission act only on the plat for 336 building lots on 175.91- acres. The conditional use permit includes 778 buildable lots, and may present traffic problems that staff is not yet ready to address. The abutting roadways can handle the additional traffic generated by the preliminary plat alone. The remainder of the site (under the CUP application) includes 485 additional single-family lots, and an elementary school, and access to Linder Road via a public street. D. Staff has been receiving inquiries from developers in this northwest Meridian area. Many developers are prepared to plat entire section -miles, and have site plans developed. The preliminary plans generally include 700 to 900 residential lots, schools, and office/commercial lots. However, the developers cannot submit their applications for these plans until their property has an annexation path to the Meridian city limits. The applicant's traffic engineer, and an engineer representing another developer in the area, realized that the potential for development in this area is extreme, and that the traffic impact studies that each individual developer were submitting, did not include the major surrounding developments that are "in the works". If you were to look at each development individually, the roadway system is adequate, but when you start adding in a second or third large-scale development, the traffic capacities of these roadways (Ustick Road, McMillan Road, Ten Mile Road, Linder Road) reach their 2020 planning thresholds. Based on development patterns in this area, and the concern surrounding the abutting roadways, staff has hired a consultant from the "on -call" list to conduct a traffic impact study of the northwestern Meridian area from Ustick Road to Chinden Boulevard, and from Meridian Road to one-half mile west of Black Cat Road. The study is currently in "DRAFT" form while ACHD staff, City of Meridian staff, and COMPASS staff review the preliminary findings. From the end product of the study, staff anticipates implementing an extra -ordinary impact fee overlay district to pay for roadway improvements (mainly widening and traffic signals) to these surrounding roadways. Staff estimates that it will take three to four months to determine what improvements need to be made immediately to handle the traffic being generated by the conglomeration of these developments, and Bridgetower. cmm Page 4 APR 18 101 16: 21 pore PC7 iL_L_ iiv• I "IJLJ I wi Z�.:�L �LULCL - rnVL- U, Li to calculate an extraordinary fee to make those improvements. This current preliminary plat under review would also be subject to any extraordinary fees that the District may impose. The developer has orally indicated that they understand that this subdivision may be subject to any extra -ordinary fees imposed in this area, if that necessity is identified in the future. Upon final approval, the applicant should provide a written agreement to ACDH, acknowledging that this subdivision may be subject to extra -ordinary impact fees. Staff recommends that the Commission approve this 336-lot preliminary plat, and at the next regularly scheduled meeting with the Meridian City Council and ACHD Commission, discuss the impacts that this development and surrounding development will have on the transportation system. E. Staff recognizes that the amount of right-of-way dedicated with this project is overwhelming, and that ACHD may not have the funds to purchase such a large amount of right-of-way. In this situation it is likely that impact fee offset agreements will be utilized to offset the amount of money that ACHD will pay out-of-pocket to acquire the right-of-way. F. The applicant hired Washington Group to perform a traffic analysis of this site. The analvsis has identified the following conclusions: 1. The preliminary plat includes 259 single-family residences, 59 senior housing units and 349,000 sq ft of general office space, and 165,000 sq ft of commercial neighborhood shopping center. 2. The residential portion of the site generates 2,652 daily vehicle trips or 277 vehicle trips during the pm peak hour. 3. The neighborhood shopping center site generates 5,524 daily vehicle trips or 518 vehicle trips during the pm peak hour. 4. The office sites generate 3,842 daily vehicle trips or 520 vehicle trips during the pm peak hour. 5. None of the internal local streets exceed the planning threshold values for residential streets. The traffic volumes justify no redesign of the internal local street system. 6. None of the internal collector streets exceed the planning threshold values for collector streets. No additional collector streets are warranted by the traffic volumes 7. The layout of the internal collector streets eliminates the potential for cut -through traffic and the need for traffic calming. A collector street connection to McMillan Road is not justified by the traffic volumes 8. The private driveways/roadways abutting the office components provide adequate site access. The traffic volumes do not justify direct lot access to the arterial street system. 9. The arterial street system operates at an acceptable level of service under existing conditions. a. The four arterial streets bordering the site operate at Level of Service (LOS) of "C" or better under existing conditions. b. The four arterial street intersections bordering the site operate at an acceptable LOS "C" or better under existing conditions. 10. The first phase of the project includes the build out of only the residential and office components. Under this level of development: a. The four arterial streets bordering the site operate at Level of Service (LOS) of "C" or better under existing plus project conditions. b. The McMillan Road intersections with Linder Road and ten Mile Road operate at an acceptable LOS C or better under existing plus project conditions. Bridgetower. corm Page 5 APR 1R 'ni 19:pp Dint r-.c �....� ��� v .�vvr `Jv �..+�a Ri�1L� i nVL• i r 11 c. The Ustick Road intersections with Linder Road and Ten Mile Road operate at an unacceptable level of service under existing plus project conditions. Both intersections will require tragic signals if the residential and office portions of this project are completed within five years. Added left -turn lanes are needed on each intersection approach. 11. The second phase of the project includes the build out of the neighborhood shopping center on the parcel north of McMillan Road. Under this level of development: a. The four arterial streets bordering the site operate at Level of Service (LOS) of C or better under existing plus project conditions. b. The Ustick Road intersections with Linder Road and ten Mile Road will continue to operate with an acceptable level of service. c. The McMillan Road intersections with Linder Road and Ten Mile Road operate at an acceptable LOS C or better under existing plus project conditions. Added left -turn lanes are needed on each intersection approach. The McMillan/Ten Mile intersection will require conversion to all -way STOP control. 12. The neighborhood shopping center has adequate site access through the four proposed driveways. 13. The McMillan Road intersections with Linder Road and Ten Mile Road will not require traffic signals at the completion of the neighborhood shopping center. 14. Construct center turn lanes on Ustick Road, Linder Road and Ten Mile Road at the collector street intersections. 15. The ACHD Policy Manual identifies a 29-foot collector street as section C2-NP. This street section is appropriate for this project. The collector roadways will require widening to 36-feet at intersections to allow for a center left -turn lane. *Staff reserves the right to verify this information provided by the applicant's traffic engineer. * SITE G. The proposed subdivision will have access to Ten Mile Road, McMillan Road and Ustick Road via public streets; and will have access to Ten Mile Road and McMillan Road via driveways to the office/commercial lots. H. The applicant is proposing to construct the main entrance to the subdivision on Ten Mile Road located approximately 1/3-mile south of McMillan Road. The proposed location conforms to District policy. The entrance should be designed with 21-foot street sections on either side of a center median. The median should be constructed a minimum of 4-feet wide (but no larger than 12- feet wide) to total a minimum of a 100-square foot area. The applicant will be required to dedicate 54-feet of right-of-way plus the additional width of the median. I. The applicant is proposing to construct the main entrance to the townhouse portion of the subdivision on McMillan Road located approximately 900-feet east of Ten Mile Road. The proposed location conforms to District policy. The entrance should be designed with 21-foot street sections on either side of a center median. The median should be constructed a minimum of 4-feet wide (but no larger than 12-feet wide) to total a minimum of a 100-square foot area. The applicant will be required to dedicate 54-feet of right-of-way plus the additional width of the median. J. The applicant is not proposing to connect the single-family residential portion of the subdivision with the townhouse portion of the subdivision in an effort to prevent cut -through traffic to McMillan Road. The applicant's traffic engineer suggests that this proposed design will eliminate Bridgetower. cmm Page 6 APR 1R 'ni oor.� M7 V/ 11 neighborhood cut -through. Staff recommends that the City require a pedestrian pathway between the single-family and townhouse lots to provide pedestrian access to McMillan Road. K. The applicant is proposing to construct Belltower Drive and Towerbridge Way through the site as residential collectors because the anticipated traffic volumes exceed 1,000 vehicle trips per day. Front -on housing is prohibited on residential collectors. District policy requires that these street segments be constructed as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks. Unless otherwise noted, parking should be prohibited on these street segments. Coordinate the signage plan with District staff. The access restrictions for these street segments should be stated on the final plat. L. The applicant should be required to provide directional signage on Belltower Drive where the roadway diverges around the water amenity. This signage is necessary to guide motorists in the proper direction. Coordinate the design of the signage plan with Traffic Services staff. M. The applicant is proposing to construct two driveways off Belltower Drive to serve the office/commercial lots. The driveways are located appro.)cimately 230-feet east of Ten Mile Road on both the north and south side of Belltower Drive. The proposed driveway locations conform to District policy and should be constructed as proposed. N. The applicant is proposing to connect to two existing stub streets that were approved with the Bridgetower Subdivision (located north of Ustick Road). The streets, Pride Crossing Drive and Towerbridge Way, should be extended into this site as proposed. O. The applicant is proposing to construct two stub streets to tine undeveloped parcel to the southwest of the site. District staff supports the locations of the stub streets. The stub streets, Breeze Creek Way (to the south), and Teano Drive (to the west), should be located as proposed. The applicant is proposing to construct turnarounds at the end of the stub streets due to their lengths. The applicant should be required to install a sign at the termini of the stub streets stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub streets, and the design of the turnaround with District staff. P. The applicant is proposing to construct three stub streets to the undeveloped parcels to the northeast and east of the site (parcels included in the entire planned unit development proposed by this applicant). District staff supports the locations of the stub streets. The stub streets: Coppercloud Way (to the north), Messina Street (to the east), and Verona Drive (to the east), should be located proposed. Due to the length of the stub street, the applicant is not proposinas g to constructhe termini turnarounds, and none are required. The applicant should be required to in a sign at th of the stub streets stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE Coordinate the sign plan for the stub streets with District staff Q. The applicant is not proposing to construct a stub street to the small parcel to the east of the townhouse lots. In the future, staff will recommend that a stub street be constructed to that parcel from the east. Bridgetower. cmm Page 7 APR 18 'ol 16:23 PC= PP I --- I - � �.L V1LL I nVG- J' 11 R. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat should be owned and maintained by a homeowners association. Notes of this should be required on the final plat. S. Unless otherwise approved, the applicant should be required to construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet of right-of-way. T. District policy requires streets within the subdivision to align or offset a minimum of 125-feet from any proposed public street. It appears that the proposed streets are located in conformance with District policy. U. The turnarounds should be constructed to provide a minimum turning radius of 45-feet. SIDEWALK V. District policy requires the construction of a 5-foot wide detached concrete sidewalk on collector and arterial roadways. All of the abutting roadways are listed as minor arterials on the functional classification map. W. The applicant should be required to construct a 5-foot wide concrete sidewalk on Ten Mile Road abutting the site, located 2-feet within the right-of-way. If the applicant constructs a meandering sidewalk, provide a sidewalk easement to the District to construct the sidewalk outside of the right- of-way. Coordinate the location and elevation of the sidewalk with District staff. X. The applicant should be required to construct a 5-foot wide concrete sidewalk on McMillan Road abutting the site, located 2-feet within the right-of-way. If the applicant constructs a meandering sidewalk, provide a sidewalk easement to the District to construct the sidewalk outside of the right- of-way. Coordinate the location and elevation of the sidewalk with District staff. Y. The applicant should be required to construct a 5-foot wide concrete sidewalk on Ustick Road abutting the site, located 2-feet within the right-of-way. If the applicant constructs a meandering sidewalk, provide a sidewalk easement to the District to construct the sidewalk outside of the right- of-way. Coordinate the location and elevation of the sidewalk with District staff. DRIVEWAYS Z. District policy requires driveways on arterial roadways to be constructed 220-feet from a signalized intersection for right-in/right-out operations; 440-feet for full access; and 315-feet for full access if there are no intervening driveways. Policy also requires driveways to be offset a minimum of 230- feet from any existing or proposed driveways (based on 45 MPH). All of the proposed driveways are located in conformance with District policy, assuming future signalized intersections. AA. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. The applicant should be required to pave the driveways their full width of 24 to 30-feet, and at least 30-feet into the site beyond the edge of pavement of Ten Mile Road, McMillan Road and Ustick Road, and install pavement tapers with 15-foot radii abutting the existing roadway edge. Bridgetower. cmm Page 8 APR 1R 101 1F:P4 pang qq �•�-'-� �i . iv, GC�Ul ILL IYV- lC-Uo) JOf-0J71 iF151C.0 rF1l7L• lk7/1r BB. The applicant is proposing to construct a 25-foot wide driveway on the east side of Ten Mile Road located approximately 380-feet south of McMillan Road to serve the office and convnercial lots. The proposed driveway location conforms to District policy and should be constructed as proposed. This driveway is the only proposed driveway on Ten Mile Road south of McMillan Road, CC. The applicant is proposing to construct a 30-foot wide driveway on the east side of Ten Mile Road located approximately 440-feet north of McMillan Road to serve the commercial lot. The proposed driveway location conforms to District policy and should be constructed as proposed. DD. The applicant is proposing to construct a 30-foot wide driveway on the east side of Ten Mile Road located approximately 20-feet south of the north property line to serve the commercial lot. The proposed driveway location conforms to District policy and should be constructed as proposed. EE. The applicant is proposing to construct a 30-foot wide driveway on the north side of McMillan Road located approximately 440-feet east of Ten Mile Road to serve the commercial lot. The proposed driveway location conforms to District policy and should be constructed as proposed. FF. The applicant is proposing to construct a 30-foot wide driveway on the north side of McMillan Road located approximately 50-feet west of the east property line to serve the commercial lot. The proposed driveway location conforms to District policy and should be constructed as proposed. GG. The applicant is proposing to construct a 25-foot wide driveway on the south side of McMillan Road located approximately 440-feet east of Ten Mile Road to serve the officei m comercial lots. The proposed driveway location conforms to District policy and should be constructed as proposed. CENTER TURN LANES HH. The applicant should be required to construct a center turn lane on Ten Mile Road for the Ten Mile Road/main entrance intersection. The turn lane should be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. H. The applicant should be required to construct a center turn lane on Ten Mile Road for the Ten Mile Road/driveway intersection located south of McMillan Road. The turn lane should be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. JJ. The applicant should be required to construct center turn lanes on Ten Mile Road for the Ten Mile Road/driveway intersections north of McMillan Road that serve the commercial parcel. The turn lanes should be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lanes with District staff. KK. The applicant should be required to construct a center turn lane on McMillan Road for the McMillan Road/main entrance intersection. The turn lane should be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. Bridgetower. cmm Page 9 APR 1P 'ni 1F:�S On= 1 tT LL. The applicant should be required to construct center turn lanes on McMillan Road for the McMillan Road/driveway intersections located east of Ten Mile Road. The turn lanes should be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lanes with District staff. MM. Based on the recommendation of the traffic study, added left -turn lanes are needed on each intersection approach at the Ustick Road/Linder Road intersection and at the Ustick Road/Ten Mile Road intersection. The applicant should coordinate the design of these improvements with District staff. NN. Based on the recommendation of the traffic study, the applicant should provide a road trust deposit for 21 % of the cost of a traffic signal at the Ustick Road'Linder intersection. The applicant should provide a road trust in the amount of $29,400 for their proportionate share of the cost of the traffic signal at Ustick and Linder Roads. 00. Based on the recommendation of the traffic study, the applicant should provide a road trust deposit for 27% of the cost of a traffic signal at the Ustick Road'Ten Mile Road intersection. The applicant should provide a road trust in the amount of 537,800 for their proportionate share of the cost of the traffic signal at Ustick and Ten Mile Roads. UTILITIES/IRRIGATION PP. The preliminary plat indicates that the Settlers Canal is located on the south side of McMillan Road. The applicant should relocate the canal outside of the new right-of-way of McMillan Road to provide adequate space for future road widening. QQ. All irrigation facilities should be relocated outside of the new right-of-way on McMillan Road, Ten Mile Road and Ustick Road. RR. All utility relocation costs associated with improving street frontages abutting the site should be borne by the developer. SS. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. TT. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation system will be adequate to accommodate additional traffic generated by this proposed development with the requirements outlined within this report. Special Notification to City of Meridian: Staff recommends that the ACHD Commission approve this 336-lot preliminary plat, but delay acting on any further development applications in this area (including the remainder of this site), until staff has made a recommendation to the ACHD Commission for road widening and impact fees, based on the Meridian area traffic study. Bridgetower. cmm Page 10 APR 18 101 16:26 PArF.11 10-CJ✓ I-11 IN lQ? LVC.J1 - -- ILL I1V IG.VVJ��f--DJJ1 lilylGC. -r l'1CjL' 1L11 2. The applicant is not proposing to connect the single -fancily residential portion of the subdivision with the townhouse portion of the subdivision in an effort to prevent cut -through traffic to McMillan Road. The applicant's traffic engineer suggests that this proposed design will eliminate neighborhood cut -through. Staff recommends that the City require a pedestrian pathway between the single-family and townhouse lots to provide pedestrian access to McMillan Road. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Site Specific Requirements: Dedicate 48-feet of right-of-way from the centerline of Ten Mile Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way. Dedicate 48-feet of right-of-way from the centerline of McMillan Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building petnut (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way. 3. Dedicate 48-feet of right-of-way from the centerline of Ustick Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building pen -nit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way. 4. Construct the main entrance to the subdivision on Ten Mile Road located approximately 1/3-mile south of McMillan Road, as proposed. The entrance shall be designed with 21-foot street sections on either side of a center median, and the median shall be constructed a minimum of 4-feet wide (but no larger than 12-feet wide) to total a minimum of a 100-square foot area. The applicant shall be required to dedicate 54-feet of right-of-way plus the additional width of the median. Construct the main entrance to the townhouse portion of the subdivision on McMillan Road located approximately 900-feet east of Ten Mile Road, as proposed. The entrance shall be designed with 21-foot street sections on either side of a center median and the median shall be constructed a minimum of 4-feet wide (but no larger than 12-feet wide) to total a minimum of a 100-square foot area. The applicant shall be required to dedicate 54-feet of right-of-way plus the additional width of the median. Bridgetower.cmm Page 11 APR I 'n1 1P:7)F, onr� - I— I --- I - - " atOl GL Fr'VL • 1J, l r 6. Construct Belltower Drive and Towerbridge Way through the site as residential collectors because the anticipated traffic volumes exceed 1,000 vehicle trips per day. Front -on housing is prohibited on residential collectors. Construct these street segments as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks. Parking shall be prohibited on these street segments. Coordinate the signage plan with District staff. The access restrictions for these street segments shall be stated on the final plat. 7. Provide directional signage on Belltower Drive where the roadway diverges around the water amenity. This signage is necessary to guide motorists in the proper direction. Coordinate the design of the signage plan with Tragic Services staff. 8. Construct two driveways off Belltower located approximately 230-feet east of Ten Mile Road on both the north and south sides of Belltower Drive. 9. Connect to two existing stub streets that were approved with the Bridgetower Subdivision (located north of Ustick Road) as proposed. The streets, Pride Crossing Drive and Towerbridge Way, shall be extended into this site. 10. Construct two stub streets to the undeveloped parcel to the southwest of the site. The stub streets, Breeze Creek Way (to the south), and Teano Drive (to the west), shall be located as proposed. Construct turnarounds at the end of the stub streets and install a sign at the termini of the stub streets stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub streets, and the design of the turnaround with District staff. 11. Construct three stub streets to the undeveloped parcels to the northeast and east of the site (parcels included in the entire planned unit development proposed by this applicant). The stub streets: Coppercloud Way (to the north), Messina Street (to the east), and Verona Drive (to the east), shall be located as proposed. No turnarounds are required. Install a sign at the termini of the stub streets stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub streets with District staff. 12• Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 13. Unless otherwise approved, construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet of right-of-way. 14. Streets within the subdivision shall align or offset a minimum of 125-feet from any proposed public street. 15. Construct the turnarounds to provide a minimum turning radius of 45-feet. 16. Construct a 5-foot wide concrete sidewalk on Ten Mile Road abutting the site, located 2-feet within the right-of-way. If the applicant constructs a meandering sidewalk, provide a sidewalk easement to the District to construct the sidewalk outside of the right-of-way. Coordinate the location and elevation of the sidewalk with District staff. Bridgetower. cmm Page 12 APR 1R 101 1A:77 i� c.I r. . sv. wvi �� w \Lvvl .��V..JJi �f1V1LG_..rtwL t••L li 17. Construct a 5-foot wide concrete sidewalk on McMillan Road abutting the site, located 2-feet within the right-of-way. If the applicant constructs a meandering sidewalk, provide a sidewalk easement to the District to construct the sidewalk outside of the right-of-way. Coordinate the location and elevation of the sidewalk with District staff. 18. Construct a 5-foot wide concrete sidewalk on Ustick Road abutting the site, located 2-feet within the right-of-way. If the applicant constructs a meandering sidewalk, provide a sidewalk easement to the District to construct the sidewalk outside of the right-of-way. Coordinate the location and elevation of the sidewalk with District staff. 19. Pave the driveways their full width of 24 to 30-feet, and at least 30-feet into the site beyond the edge of pavement of Ten Mile Road, McMillan Road and Ustick Road, and install pavement tapers with 15-foot radii abutting the existing roadway edge. 20. Construct a 25-foot wide driveway on the east side of Ten Mile Road located approximately 380- feet south of McMillan Road to serve the office and commercial lots, as proposed. 21. Construct a 30-foot wide driveway on the east side of Ten Mile Road located approximately 440- feet north of McMillan Road to serve the commercial lot, as proposed. 22. Construct a 30-foot wide driveway on the east side of Ten Mile Road located approximately 20- feet south of the north property line to serve the commercial lot, as proposed. 23. Construct a 30-foot wide driveway on the north side of McMillan Road located approximately 440-feet east of Ten Mile Road to serve the commercial lot, as proposed. 24. Construct a 30-foot wide driveway on the north side of McMillan Road located approximately 50- feet west of the east property line to serve the commercial lot, as proposed. 25. Construct a 25-foot wide driveway on the south side of McMillan Road located approximately 440-feet east of Ten Mile Road to serve the office/commercial lots, as proposed. 26. Construct a center turn lane on Ten Mile Road for the Ten Mile Road/main entrance intersection. The turn lane shall be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 27. Construct a center turn lane on Ten Mile Road for the Ten Mile Road/driveway intersection located south of McMillan Road. The turn lane shall be constructed to provide a minimum of 100- feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 28. Construct center turn lanes on Ten Mile Road for the Ten Mile Road/driveway intersections north of McMillan Road that serve the commercial parcel. The turn lanes shall be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lanes with District staff. Bridgetower. cmm Page 13 APR 1A 101 16:28 oor.� I A lU -LAd Mi 1% L W r LUU.L ILL liv- lC-uo) JOf`6.�71 $1t�1GC iMbL• l;Ji li 29. Construct a center turn lane on McMillan Road for the McMillan Road/main entrance intersection. The turn lane shall be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 30. Construct center turn lanes on McMillan Road for the McMillan Road/drivewav intersections located east of Ten Mile Road. The turn lanes shall be constructed to provide a minimum of 100- feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lanes with District staff. 31. Construct added left -turn lanes on each intersection approach at the Ustick Road/Linder Road intersection and at the Ustick Road/Ten Mile Road intersection. The applicant shallcoordinate the design of these improvements with District staff. 32. Provide a road trust deposit for 21 % of the cost of a traffic signal at the Ustick Road/Linder intersection in the amount of $29,400 for their proportionate share of the cost of the traffic signal at Ustick and Linder Roads. 33. Provide a road trust deposit for 27% of the cost of a traffic signal at the Ustick Road/Ten Mile Road intersection in the amount of $37,800 for their proportionate share of the cost of the traffic signal at Ustick and Ten Mile Roads. 34. Relocate the Settlers Canal outside of the new right-of-way of McMillan Road to provide adequate space for future road widening. 35. All irrigation facilities shall be relocated outside of the new right-of-way on McMillan Road, Ten Mile Road and Ustick Road. 36. All utility relocation costs associated with improving street frontages abutting the site should be borne by the developer. 37. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 38. Other than the access points specifically approved with this application, direct lot or parcel access to McMillan Road, Ten Mile Road and Ustick Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Bridgetower. cmm Page 14 APR 18 101 16:29 oanr= I- IFL- i,v• kct)oi nor-o��i nioicc rH��• lo, lr Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identiA, each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of Its on coal decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance # 193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policv Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to .ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. Bridgetower. cmm Page 15 APR le 101 15:30 pon; 1 g V101GG-rFIVL- if/If 8. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Conclusion of Law: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. Submitted by: Planning and Development Staff Cominission Action: Bridgetower.cmm Page 16 APR 1 R' M 1 A: 7Gt DOr= 17 "` ll, --rtuu I ILL NU: ceb81-- 387-6391 #16122 PAGE: 1/17 Ada County Highway District 318 E. 37th Street Boise, ID 83714 (208) 387-6100 (208) 387-6391 FAX Please Deliver to: Planning & Zoning Commission Fax #: 888-4218 Company: From: Christy Richardson Fax #: (208) 387-6391 Phone: (208) 387-6178 Pages: 17 Message: APR 19 'ni 1r,:1A 09:09 APR 19Y 2001 TEL NO: (208) 387-6391 #18138 PAGE: 1/17 Ada County Highway District 318 E. 37th Street Boise, ID 83714 (208) 387-6100 (208) 387-6391 FAX Please Deliver to: City Clerk Fax #: 888-4218 Company: From: Christy Richardson Fax #: (208) 387-6391 Phone: (208) 387-6178 Pages: 17 Message: Please disregard yesterday's fax regarding Bridgetower Sub and replace it with this version. Thanks! APR 19 '01 09:30 PAGF_A1 09:10 APR 19, 2001 TEL N0: (208) 367-6391 #18136 PAGE 2/17 ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report Preliminary Plat— Bridgetower Crossing/MPP01-005 Ten lMileiMc Mlllan Road 336-lots This application has been referred to ACHD by the City of Meridian for review and comment. Staff is recommending approval of a preliminary plat for a 336-lot residential, commercial, and office subdivision on 175.9 1 -acres. The 175.91-acre site is located at the southeast corner of Ten Mile Road and McMillan Road. The applicant submitted four separate applications, and staff is only commenting on the proposed plat at this time. This development (only the preliminary plat) is estimated to generate up to 12,118 vehicle trips per day based on the submitted traffic study. On April 18, 2001, the ACHD Commission approved staff to release this draft report to the City of Meridian Planning & Zoning Commission with revisions to this report as directed by the Commission. The ACHD Commission will not make final reconunendations on this plat until the ACHD Commission and Meridian City Council have had the opportunity to discuss development in this area. Roads impacted by this development: Ustick Road Ten :Mile Road McMillan Road Linder Road ACHD Commission Date — April 18, 2001 — 12:00 p.m. Facts and Findings: A. General Information Owner — E.L. Bews, Chandos Hoaglun & Young Lands, Ltd Applicant — Primeland Development Co., LLP RUT & R-4 - Existing zoning 175.91- Acres 336 - Proposed building lots 259-Single family lots 59-Townhome lots 8-Office lots 10-Commercial lots 58-Proposed common lots 349,000-Square feet of office 165,000-Square feet of commercial 256 - Traffic Analysis Zone (TAZ) Meridian - hnpact Fee Service Area West Ada - Impact Fee Assessment District Bridgetower. cmm Page 1 APR 19 '01 09:31 Ptaf;� a� 09:10 APR 19, 2001 TEL N0: (206) 387-6391 *18138 PAGE: 3/17 Bridgetower Crossing Subdivision Ten Mile Road, McMillan Road, Ustick Road 1000 0 1000 2000 Feet w E S Bridgetower. cmm APR 19 '01 09:32 Page 2 PAGE.03 09 11 RPR 19, 2001 TEL N0: (206) 367-6391 #18138 PAGE: 4/17 Ustick Road Ustick Road is a minor arterial with bike lane designation Traffic count on Ustick Road west of Linder Road was 5,318 on 8/16/00 Better than "C" -Existing Level of Service "C" -Existing plus project build -out Level of Service 700-feet of frontage 50-feet existing right-of-way (25-feet from centerline) 96-feet required right-of-way (48-feet from centerline) Ustick Road is improved with two traffic lanes with no curb, gutter or sidewalk abutting the site. The Ustick Road intersections with Ten Mile Road and Linder Road are four-way STOP controlled. The applicant is not proposing any new access points to Ustick Road. Ten Mile Road Ten Mile Road is a minor arterial with bike lane designation Traffic count on Ten Mile Road north of Ustick was 2,168 on 5/11/99 Better than "C" -Existing Level of Service Better than "C" -Existing plus project build -out Level of Service 2,600-feet of frontage 50-feet existing right-of-way (25-feet from centerline) 96-feet required right-of-way (48-feet from centerline) Ten Mile Road is improved with two traffic lanes with no curb, gutter or sidewalk abutting the site. The applicant is proposing to construct one public street and three driveways to access Ten Mile Road. McMillan Road McMillan Road is a minor arterial with bike lane designation Traffic count on McMillan Road west of Linder Road was 1,133 on 9/13/00. Better than "C" -Existing Level of Service Better than "C" -Existing plus project build -out Level of Service 1,240-feet of frontage 50-feet existing right-of-way (25-feet from centerline) 96-feet required right-of-way (48-feet from centerline) McMillan Road is improved with two traffic lanes with no curb, gutter or sidewalk abutting the site. The McMillan Road/Linder Road intersection is four-way STOP controlled. The McMillan Road/Ten Mile Road intersection is two STOP controlled only on the McMillan Road approaches. The applicant is proposing to construct one public street and three driveways to access McMillan Road. Linder Road Linder Road is a minor arterial with bike lane designation Bridgetower. cmm Page 3 APR 19 '01 09:32 PAr,F Gd 09:12 APR 19, 2001 TEL N0: (206) 367-6391 #18138 PAGE: 5/17 Traffic count on Linder Road north of Ustick Road was 5,067 on 5/2/00 Better than "C" -Existing Level of Service "C" -Existing plus project build -out Level of Service 0-feet of frontage (with this plat application) Linder Road is improved with two traffic lanes with no curb, gutter or sidewalk abutting the site. B. The applicant has submitted four separate applications: 1. MZAO1-001 — Planned Unit Development 2. MAZO1-003 — Annexation and zoning of 371.42-acres from RUT to R-4 and C-G 3. MPPO1-005 — Preliminary plat for 336 building lots on 175.91-acres in proposed R-4 and C-G zone 4. MCUP01-006 — Conditional use permit for 692 single-family lot, 59 townhomes, 17 office lots and 10 commercial lots on 370.55-acres in proposed R-4 and C-G zone (includes lots in preliminary plat) (The maps are labeled by application number.) C. Staff is recommending that the Commission act only on the plat for 336 building lots on 175.91- acres. The conditional use permit includes 778 buildable lots, and may present traffic problems that staff is not yet ready to address. The abutting roadways can handle the additional traffic generated by the preliminary plat alone. The remainder of the site (under the CUP application) includes 485 additional single-family lots, and an elementary school, and access to Linder Road via a public street. D. Staff has been receiving inquiries from developers in this northwest Meridian area. Many developers are prepared to plat entire section -miles, and have site plans developed. The preliminary plans generally include 700 to 900 residential lots, schools, and office/commercial lots. However, the developers cannot submit their applications for these plans until their property has an annexation path to the Meridian city limits. The applicant's traffic engineer, and an engineer representing another developer in the area, realized that the potential for development in this area is extreme, and that the traffic impact studies that each individual developer were submitting, did not include the major surrounding developments that are "in the works". If you were to look at each development individually, the roadway system is adequate, but when you start adding in a second or third large-scale development, the traffic capacities of these roadways (Ustick Road, McMillan Road, Ten Mile Road, Linder Road) reach their 2020 planning thresholds. Based on development patterns in this area, and the concern surrounding the abutting roadways, staff has hired a consultant from the "on -call" list to conduct a traffic impact study of the northwestern Meridian area from Ustick Road to Chinden Boulevard, and from Meridian Road to one-half mile west of Black Cat Road. The study is currently in "DRAFT" form while ACHD staff, City of Meridian staff, and COMPASS staff review the preliminary findings. From the end product of the study, staff anticipates implementing an extra -ordinary impact fee overlay district to pay for roadway improvements (mainly widening and traffic signals) to these surrounding roadways. Staff estimates that it will take three to four months to determine what improvements need to be made immediately to handle the traffic being generated by the conglomeration of these developments, and Bridgetower. cmm Page 4 APR 19 '01 09:33 PAGE.05 09:13 APR 19, 2001 TEL N0: (208) 387-6391 *18138 PAGE: 6/17 to calculate an extraordinary fee to make those improvements. This current preliminary plat under review would also be subject to any extraordinary fees that the District may impose. The developer has orally indicated that they understand that this subdivision may be subject to any extra -ordinary fees imposed in this area, if that necessity is identified in the future. Upon final approval, the applicant should provide a written agreement to ACDH, acknowledging that this subdivision may be subject to extra -ordinary impact fees. Staff recommends that the Commission approve this 336-lot preliminary plat, and at the next regularly scheduled meeting with the Meridian City Council and ACHD Commission, discuss the impacts that this development and surrounding development will have on the transportation system. E. Staff recognizes that the amount of right-of-way dedicated with this project is overwhelming, and that ACHD may not have the funds to purchase such a large amount of right-of-way. In this situation it is likely that impact fee offset agreements will be utilized to offset the amount of money that ACHD will pay out-of-pocket to acquire the right-of-way. F. The applicant hired Washington Group to perform a traffic analysis of this site. The analysis has identified the following conclusions: 1. The preliminary plat includes 259 single-family residences, 59 senior housing units and 349,000 sq fl of general office space, and 165,000 sq fl of commercial neighborhood shopping center. 2. The residential portion of the site generates 2,652 daily vehicle trips or 277 vehicle trips during the pm peak hour. 3. The neighborhood shopping center site generates 5,524 daily vehicle trips or 518 vehicle trips during the pm peak hour. 4. The office sites generate 3,842 daily vehicle trips or 520 vehicle trips during the pm peak hour. 5. None of the internal local streets exceed the planning threshold values for residential streets. The traffic volumes justify no redesign of the internal local street system. 6. None of the internal collector streets exceed the planning threshold values for collector streets. No additional collector streets are warranted by the traffic volumes 7. The layout of the internal collector streets eliminates the potential for cut -through traffic and the need for traffic calming. A collector street connection to McMillan Road is not justified by the traffic volumes 8. The private driveways/roadways abutting the office components provide adequate site access. The traffic volumes do not justify direct lot access to the arterial street system. 9. The arterial street system operates at an acceptable level of service under existing conditions. a. The four arterial streets bordering the site operate at Level of Service (LOS) of "C" or better under existing conditions. b. The four arterial street intersections bordering the site operate at an acceptable LOS "C" or better under existing conditions. 10. The first phase of the project includes the build out of only the residential and office components. Under this level of development: a. The four arterial streets bordering the site operate at Level of Service (LOS) of "C" or better under existing plus project conditions. b. The McMillan Road intersections with Linder Road and ten Mile Road operate at an acceptable LOS C or better under existing plus project conditions. Bridgetower. cram Page 5 APR 19 '01 09:34 PAGE.06 09:14 RPR 197 2001 TEL N0: (208) 367-6391 *1613B PAGE: 7/17 c. The Ustick Road intersections with Linder Road and Ten Mile Road operate at an unacceptable level of service under existing plus project conditions. Both intersections will require traffic signals if the residential and office portions of this project are completed within five years. Added left -turn lanes are needed on each intersection approach. 11. The second phase of the project includes the build out of the neighborhood shopping center on the parcel north of McMillan Road. Under this level of development: a. The four arterial streets bordering the site operate at Level of Service (LOS) of C or better under existing plus project conditions. b. The Ustick Road intersections with Linder Road and ten Mile Road will continue to operate with an acceptable level of service. c. The McMillan Road intersections with Linder Road and Ten Mile Road operate at an acceptable LOS C or better under existing plus project conditions. Added left -turn lanes are needed on each intersection approach. The McMillan/Ten Mile intersection will require conversion to all -way STOP control. 12. The neighborhood shopping center has adequate site access through the four proposed driveways. 13. The McMillan Road intersections with Linder Road and Ten Mile Road will not require traffic signals at the completion of the neighborhood shopping center. 14. Construct center turn lanes on Ustick Road, Linder Road and Ten Mile Road at the collector street intersections. 15. The ACHD Policy Manual identifies a 29-foot collector street as section C2-NP. This street section is appropriate for this project. The collector roadways will require widening to 36-feet at intersections to allow for a center left -turn lane. *Staff reserves the right to verify this information provided by the applicant's traffic engineer. * SITE G. The proposed subdivision will have access to Ten Mile Road, McMillan Road and Ustick Road via public streets; and will have access to Ten Mile Road and McMillan Road via driveways to the office/commercial lots. H. The applicant is proposing to construct the main entrance to the subdivision on Ten Mile Road located approximately 1/3-mile south of McMillan Road. The proposed location conforms to District policy. The entrance should be designed with 21-foot street sections on either side of a center median. The median should be constructed a minimum of 4-feet wide (but no larger than 12- feet wide) to total a minimum of a 100-square foot area. The applicant will be required to dedicate 54-feet of right-of-way plus the additional width of the median. I. The applicant is proposing to construct the main entrance to the townhouse portion of the subdivision on McMillan Road located approximately 900-feet east of Ten Mile Road. The proposed location conforms to District policy. The entrance should be designed with 21-foot street sections on either side of a center median. The median should be constructed a minimum of 4-feet wide (but no larger than 12-feet wide) to total a minimum of a 100-square foot area. The applicant will be required to dedicate 54-feet of right-of-way plus the additional width of the median. T. The applicant is not proposing to connect the single-family residential portion of the subdivision with the townhouse portion of the subdivision in an effort to prevent cut -through traffic to McMillan Road. The applicant's traffic engineer suggests that this proposed design will eliminate Bridgetower. corm Page 6 APR 19 '01 09:35 PAGE.07 09:14 APR 19, 2001 TEL N0: (208) 387-6391 #18138 PAGE: 6/17 neighborhood cut -through. Staff recommends that the City require a pedestrian pathway between the single-family and townhouse lots to provide pedestrian access to McMillan Road, K. The applicant is proposing to construct Belltower Drive and Towerbridge Way through the site as residential collectors because the anticipated traffic volumes exceed 1,000 vehicle trips per day. Front -on housing is prohibited on residential collectors. District policy requires that these street segments be constructed as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks. Unless otherwise noted, parking should be prohibited on these street segments. Coordinate the signage plan with District staff. The access restrictions for these street segments should be stated on the final plat. L. The applicant should be required to provide directional signage on Belltower Drive where the roadway diverges around the water amenity. This signage is necessary to guide motorists in the proper direction. Coordinate the design of the signage plan with Traffic Services staff. M. The applicant is proposing to construct two driveways off Belltower Drive to serve the office/commercial lots. The driveways are located approximately 230-feet east of Ten Mile Road on both the north and south side of Belhower Drive. The proposed driveway locations conform to District policy and should be constructed as proposed. N. The applicant is proposing to connect to two existing stub streets that were approved with the Bridgetower Subdivision (located north of Ustick Road). The streets, Pride Crossing Drive and Towerbridge Way, should be extended into this site as proposed. O. The applicant is proposing to construct two stub streets to the undeveloped parcel to the southwest of the site. District staff supports the locations of the stub streets. The stub streets, Breeze Creek Way (to the south), and Teano Drive (to the west), should be located as proposed. The applicant is proposing to construct turnarounds at the end of the stub streets due to their lengths. The applicant should be required to install a sign at the termini of the stub streets stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub streets, and the design of the turnaround with District staff. P. The applicant is proposing to construct three stub streets to the undeveloped parcels to the northeast and east of the site (parcels included in the entire planned unit development proposed by this applicant). District staff supports the locations of the stub streets. The stub streets: Coppercloud Way (to the north), Messina Street (to the east), and Verona Drive (to the east), should be located as proposed. Due to the length of the stub street, the applicant is not proposing to construct turnarounds, and none are required. The applicant should be required to install a sign at the termini of the stub streets stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub streets with District staff. Q. The applicant is not proposing to construct a stub street to the small parcel to the east of the townhouse lots. In the future, staff will recommend that a stub street be constructed to that parcel from the east. Bridgetower. cmm Page 7 APR 19 '01 09:36 PAGE.08 09:15 APR 19, 2001 TEL N0: (208) 367-6391 #18138 PRGE: 9/17 R. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat should be owned and maintained by a homeowners association. Notes of this should be required on the final plat. S. Unless otherwise approved, the applicant should be required to construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet of right-of-way. T. District policy requires streets within the subdivision to align or offset a minimum of 125-feet from any proposed public street. It appears that the proposed streets are located in conformance with District policy. U. The turnarounds should be constructed to provide a minimum turning radius of 45-feet. SIDEWALK V. District policy requires the construction of a 5-foot wide detached concrete sidewalk on collector and arterial roadways. All of the abutting roadways are listed as minor arterials on the functional classification map. W. The applicant should be required to construct a 5-foot wide concrete sidewalk on Ten Mile Road abutting the site, located 2-feet within the right-of-way. If the applicant constructs a meandering sidewalk, provide a sidewalk easement to the District to construct the sidewalk outside of the right- of-way. Coordinate the location and elevation of the sidewalk with District staff. X. The applicant should be required to construct a 5-foot wide concrete sidewalk on McMillan Road abutting the site, located 2-feet within the right-of-way. If the applicant constructs a meandering sidewalk, provide a sidewalk easement to the District to construct the sidewalk outside of the right- of-way. Coordinate the location and elevation of the sidewalk with District staff. Y. The applicant should be required to construct a 5-foot wide concrete sidewalk on Ustick Road abutting the site, located 2-feet within the right-of-way. If the applicant constructs a meandering sidewalk, provide a sidewalk easement to the District to construct the sidewalk outside of the right- of-way. Coordinate the location and elevation of the sidewalk with District stag. DRIVEWAYS Z. District policy requires driveways on arterial roadways to be constructed 220-feet from a signalized intersection for right-in/right-out operations; 440-feet for full access; and 315-feet for full access if there are no intervening driveways. Policy also requires driveways to be offset a minimum of 230- feet from any existing or proposed driveways (based on 45 MPH). All of the proposed driveways are located in conformance with District policy, assuming future signalized intersections. AA. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. The applicant should be required to pave the driveways their full width of 24 to 30-feet, and at least 30-feet into the site beyond the edge of pavement of Ten Mile Road, McMillan Road and Ustick Road, and install pavement tapers with 15-foot radii abutting the existing roadway edge. Bridgetower. cmm Page 8 APR 19 101 09:36 PRGE.09 09:16 RPR 19, 2001 TEL N0: (208) 387-6391 418138 PAGE: 10/17 BB. The applicant is proposing to construct a 25-foot wide driveway on the east side of Ten Mile Road located approximately 380-feet south of McMillan Road to serve the office and commercial lots. The proposed driveway location conforms to District policy and should be constructed as proposed. This driveway is the only proposed driveway on Ten Mile Road south of McMillan Road. CC. The applicant is proposing to construct a 30-foot wide driveway on the east side of Ten Mile Road located approximately 440-feet north of McMillan Road to serve the commercial lot. The proposed driveway location conforms to District policy and should be constructed as proposed. DD. The applicant is proposing to construct a 30-foot wide driveway on the east side of Ten Mile Road located approximately 20-feet south of the north property line to serve the commercial lot. The proposed driveway location conforms to District policy and should be constructed as proposed. EE. The applicant is proposing to construct a 30-foot wide driveway on the north side of McMillan Road located approximately 440-feet east of Ten Mile Road to serve the convnercial lot. The proposed driveway location conforms to District policy and should be constructed as proposed. FF. The applicant is proposing to construct a 30-foot wide driveway on the north side of McMillan Road located approximately 50-feet west of the east property line to serve the commercial lot. The proposed driveway location conforms to District policy and should be constructed as proposed. GG. The applicant is proposing to construct a 25-foot wide driveway on the south side of McMillan Road located approximately 440-feet east of Ten Mile Road to serve the office/commercial lots. The proposed driveway location conforms to District policy and should be constructed as proposed. CENTER TURN LANES HH. The applicant should be required to construct a center turn lane on Ten Mile Road for the Ten Mile Road/main entrance intersection. The turn lane should be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. II. The applicant should be required to construct a center turn lane on Ten Mile Road for the Ten Mile Road/driveway intersection located south of McMillan Road. The turn lane should be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. JJ. The applicant should be required to construct center turn lanes on Ten Mile Road for the Ten Mile Road/driveway intersections north of McMillan Road that serve the commercial parcel. The turn lanes should be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lanes with District staff. KK. The applicant should be required to construct a center turn lane on McMillan Road for the McMillan Road/main entrance intersection. The turn lane should be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. Bridgetower. cmm Page 9 APR 19 '01 09:37 PAGE.10 09:17 APR 19, 2001 TEL N0: (208) 387-6391 #18136 PAGE: 11/17 LL. The applicant should be required to construct center turn lanes on McMillan Road for the McMillan Road/driveway intersections located east of Ten Mile Road. The turn lanes should be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lanes with District staff. MM. Based on the recommendation of the traffic study, added left -turn lanes are needed on each intersection approach at the Ustick Road/Linder Road intersection and at the Ustick Road/Ten Mile Road intersection. The applicant should coordinate the design of these improvements with District staff. NN. Based on the recommendation of the traffic study, the applicant should provide a road trust deposit for 21 % of the cost of a traffic signal at the Ustick Road/Linder intersection. The applicant should provide a road trust in the amount of $29,400 for their proportionate share of the cost of the traffic signal at Ustick and Linder Roads. 00. Based on the recommendation of the traffic study, the applicant should provide a road trust deposit for 27% of the cost of a traffic signal at the Ustick Road/Ten Mile Road intersection. The applicant should provide a road trust in the amount of $37,800 for their proportionate share of the cost of the traffic signal at Ustick and Ten Mile Roads. UTILITIES/IRRIGATION PP. The preliminary plat indicates that the Settlers Canal is located on the south side of McMillan Road. The applicant should relocate the canal outside of the new right-of-way of McMillan Road to provide adequate space for future road widening. QQ. All irrigation facilities should be relocated outside of the new right-of-way on McMillan Road, Ten Mile Road and Ustick Road. RR. All utility relocation costs associated with improving street frontages abutting the site should be borne by the developer. SS. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. TT. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation system will be adequate to accommodate additional traffic generated by this proposed development with the requirements outlined within this report. Special Notification to City of Meridian: 1. The applicant is not proposing to connect the single-family residential portion of the subdivision with the townhouse portion of the subdivision in an effort to prevent cut -through traffic to McMillan Road. The applicant's traffic engineer suggests that this proposed design will eliminate neighborhood cut -through. Staff recommends that the City require a pedestrian pathway between the single-family and townhouse lots to provide pedestrian access to McMillan Road. Bridgetower. cmm Page 10 APR 19 101 09:38 PAGE.11 09:18 APR 19, 2001 TEL NO: (208) 367-6391 016138 PAGE: 12/17 S%_� 11%0./ The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Site Specific Requirements: Dedicate 48-feet of right-of-way from the centerline of Ten Mile Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way. 2. Dedicate 48-feet of right-of-way from the centerline of McMillan Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way. 3. Dedicate 48-feet of right-of-way from the centerline of Ustick Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way. 4. Construct the main entrance to the subdivision on Ten Mile Road located approximately 1/3-mile south of McMillan Road, as proposed. The entrance shall be designed with 21-foot street sections on either side of a center median, and the median shall be constructed a minimum of 4-feet wide (but no larger than 12-feet wide) to total a minimum of a 100-square foot area. The applicant shall be required to dedicate 54-feet of right-of-way plus the additional width of the median. Construct the main entrance to the townhouse portion of the subdivision on McMillan Road located approximately 900-feet east of Ten Mile Road, as proposed. The entrance shall be designed with 21-foot street sections on either side of a center median and the median shall be constructed a minimum of 4-feet wide (but no larger than 12-feet wide) to total a minimum of a 100-square foot area. The applicant shall be required to dedicate 54-feet of right-of-way plus the additional width of the median. 6. Construct Belltower Drive and Towerbridge Way through the site as residential collectors because the anticipated traffic volumes exceed 1,000 vehicle trips per day. Front -on housing is prohibited on residential collectors. Construct these street segments as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks. Parking shall be prohibited on these street segments. Coordinate the signage plan with District staff. The access restrictions for these street segments shall be stated on the final plat. Bridgetower. cmm Page 11 APR 19 '01 09:39 PAGE.12 09:18 APR 19, 2001 TEL N0: (208) 387-6391 *18136 PAGE 13/17 7. Provide directional signage on Belltower Drive where the roadway diverges around the water amenity. This signage is necessary to guide motorists in the proper direction. Coordinate the design of the signage plan with Traffic Services staff. Construct two driveways off Belltower located approximately 230-feet east of Ten Mile Road on both the north and south sides of Belltower Drive. 9. Connect to two existing stub streets that were approved with the Bridgetower Subdivision (located north of Ustick Road) as proposed. The streets, Pride Crossing Drive and Towerbridge Way, shall be extended into this site. 10. Construct two stub streets to the undeveloped parcel to the southwest of the site. The stub streets, Breeze Creek Way (to the south), and Teano Drive (to the west), shall be located as proposed. Construct turnarounds at the end of the stub streets and install a sign at the termini of the stub streets stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub streets, and the design of the turnaround with District staff. 11. Construct three stub streets to the undeveloped parcels to the northeast and east of the site (parcels included in the entire planned unit development proposed by this applicant). The stub streets: Coppercloud Way (to the north), Messina Street (to the east), and Verona Drive (to the east), shall be located as proposed. No turnarounds are required. Install a sign at the termini of the stub streets stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub streets with District staff. 12. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 13. Unless otherwise approved, construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet of right-of-way. 14. Streets within the subdivision shall align or offset a minimum of 125-feet from any proposed public street. 15. Construct the turnarounds to provide a minimum turning radius of 45-feet. 16. Construct a 5-foot wide concrete sidewalk on Ten Mile Road abutting the site, located 2-feet within the right-of-way. If the applicant constructs a meandering sidewalk, provide a sidewalk easement to the District to construct the sidewalk outside of the right-of-way. Coordinate the location and elevation of the sidewalk with District staff. 17. Construct a 5-foot wide concrete sidewalk on McMillan Road abutting the site, located 2-feet within the right-of-way. If the applicant constructs a meandering sidewalk, provide a sidewalk easement to the District to construct the sidewalk outside of the right-of-way. Coordinate the location and elevation of the sidewalk with District staff. Bridgetower. cmm Page 12 APR 19 '01 09:40 PAGF_17 09:19 APR 19, 2001 TEL N0: (208) 387-6391 #18138 PAGE: 14/17 L 18. Construct a 5-foot wide concrete sidewalk on Ustick Road abutting the site, located 2-feet within the right-of-way. If the applicant constructs a meandering sidewalk, provide a sidewalk easement to the District to construct the sidewalk outside of the right-of-way. Coordinate the location and elevation of the sidewalk with District staff. 19. Pave the driveways their full width of 24 to 30-feet, and at least 30-feet into the site beyond the edge of pavement of Ten Mile Road, McMillan Road and Ustick Road, and install pavement tapers with 15-foot radii abutting the existing roadway edge. 20. Construct a 25-foot wide driveway on the east side of Ten Mile Road located approximately 380- feet south of McMillan Road to serve the office and commercial lots, as proposed. 21. Construct a 30-foot wide driveway on the east side of Ten Mile Road located approximately 440- feet north of McMillan Road to serve the commercial lot, as proposed. 22. Construct a 30-foot wide driveway on the east side of Ten Mile Road located approximately 20- feet south of the north property line to serve the commercial lot, as proposed. 23. Construct a 30-foot wide driveway on the north side of McMillan Road located approximately 440-feet east of Ten Mile Road to serve the conmiercial lot, as proposed. 24. Construct a 30-foot wide driveway on the north side of McMillan Road located approximately 50- feet west of the east property line to serve the commercial lot, as proposed. 25. Construct a 25-foot wide driveway on the south side of McMillan Road located approximately 440-feet east of Ten Mile Road to serve the office/commercial lots, as proposed. 26. Construct a center turn lane on Ten Mile Road for the Ten Mile Road/main entrance intersection. The turn lane shall be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 27. Construct a center turn lane on Ten Mile Road for the Ten Mile Road/driveway intersection located south of McMillan Road. The turn lane shall be constructed to provide a minimum of 100- feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 28. Construct center turn lanes on Ten Mile Road for the Ten Mile Road/driveway intersections north of McMillan Road that serve the commercial parcel. The turn lanes shall be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lanes with District staff. 29. Construct a center turn lane on McMillan Road for the McMillan Road/main entrance intersection. The turn lane shall be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. Bridgetower. cmm Page 13 APR 19 '01 09:40 PAGE.14 09:20 APR 19, 2001 TEL N0: (208) 387-6391 018138 PAGE: 15/17 30. Construct center turn lanes on McMillan Road for the McMillan Road/driveway intersections located east of Ten Mile Road. The turn lanes shall be constructed to provide a minimum of 100- feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lanes with District staff. 31. Construct added left -turn lanes on each intersection approach at the Ustick Road/Linder Road intersection and at the Ustick Road/Ten Mile Road intersection. The applicant shallcoordinate the design of these improvements with District staff. 32. Provide a road trust deposit for 21 % of the cost of a traffic signal at the Ustick Road/Linder intersection in the amount of $29,400 for their proportionate share of the cost of the traffic signal at Ustick and Linder Roads. 33. Provide a road trust deposit for 27% of the cost of a traffic signal at the Ustick Road/Ten Mile Road intersection in the amount of $37,800 for their proportionate share of the cost of the traffic signal at Ustick and Ten Mile Roads. 34. Relocate the Settlers Canal outside of the new right-of-way of McMillan Road to provide adequate space for future road widening. 35. All irrigation facilities shall be relocated outside of the new right-of-way on McMillan Road, Ten Mile Road and Ustick Road. 36. All utility relocation costs associated with improving street frontages abutting the site should be borne by the developer. 37. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 38. Other than the access points specifically approved with this application, direct lot or parcel access to McMillan Road, Ten Mile Road and Ustick Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The reguest shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report Bridgetower. cmm Page 14 APR 19 101 09:41 PAGE.15 09:21 APR 19, 2001 TEL N0: (208) 367-6391 #F16136 PRGE: 16/17 to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance # 193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building pennit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. Bridgetower. cmm Page 15 APR 1q 'Al Aq:4P PArF_1F, 09 21 APR 19, 2001 TEL NO: (208) 387-6391 #18138 PAGE: 17.'17 8. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Conclusion of Law: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. Submitted by: Planning and Development Staff Commission Action: Bridgetmver. cmm APR 19 '01 09:42 Page 16 PC)= I n PUBLIC HEARING SIGN-UP SHEET z� RECEIVED APR 19 2001 City of Meridian City Clerk Office DATE ��� r I I 2-, PROJECT NUMBER(� �Z , PROJECT NAME rJr(�ti�V�✓ r�7 I'1G� NAME FOR AGAINST 02 2` /E J 4 March 12, 2001 CUP 01-006 MERIDIAN PLANNING & ZONING MEETING March 15, 2001 APPLICANT Primeland Development, Co. LLP ITEM NO. 1 1 REQUEST Conditional Use Permit for 692 single-fomily lots, 59 townhomes, 17 office`lots and 10 commercial lots on 370.55 acres in proposed R-4 and C-G zones for proposed Brigetower Crossing Subdivision -- north of Ustick Road, east of 'ren 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: SANITARY SERVICE: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: See attached comments No Comment No Comment No Comment See attached comments See attached comments See attached comments OTHER: Contacted: Y I , Date: Phone: 1-1 1) i Materials presented at public meetings shall become property of the City of Meridian. Preparing ZO Tcday's students for r Tomorrow's Challenges. '�PFO91e. Me��d�o°. SUPERINTENDENT Christine H. Donnell February 28, 2001 Joint School District No. 2 911 Meridian Street • Meridian, Idaho 83642 • (208) 888-6701 • Fax (208) 888-6700 City of Meridian 33 East Idaho Street Meridian, Idaho 83642 Dear Councilmen: RECEIVED MAR -1 2001 CITY OF MERIDIAN Enclosed for your review is general information relative to schools located in the proposed project area. If you have any questions, please contact Wendel Bigham at 888-6701. Reference: Bridgetower Crossing Subdivision Elementary School: Andrus Elementary School Middle School: Eagle Middle School High School: Eagle High School Comments and/or Recommendations: Andrus Elementary School is at capacity. Eagle- Middle School is over capacity. Eagle High School is over capacity. At this point the school district is dealing with growth by providing portable classrooms. With the passage of the General Obligation Bond on September 19`" a new high school will soon be under construction. We can predict that these homes, when completed, will house two hundred fifty five (255) elementary aged children, one hundred eighty two (182) middle school aged children, and one hundred seventy (170) senior high aged students. Meridian School District is currently negotiating with the developer to establish a 12 acre elementary school site in Bridgetower Crossing Subdivision. The school district asks that final plat not be acceptable until the school location has been secured with a defined time that we may start construction. This initial phase provides a large number of elementary children. Availability of a buildable site must be secured and committed to in the event that future phases do not follow. Sincerely, Wendel Bigharrf, Supervisor of Facilities and Construction CENTRAL DISTRICT CENTRAL DISTRICT HEALTH DEPARTMENT •• HEALTH Environmental Health Division Return to: DEPARTMENT DEPARTMENT ❑ Eagle Rezone # ❑ Garden City Conditional Use # (-) I — C O G- J"eridian Preliminary /Final /Short Plat ❑ Kuna LA_t -11 C ❑ ACZ ❑ Star ❑ I. We have No Objections to this Proposal. MAR — 1. 2001 ❑ 2. We recommend Denial of this Proposal. CITY OF MERIDIAN ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water Cl waste flow characteristics ❑ or bedrock from original grade ❑ other ❑ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. *8. After written approval from appropriate entities are submitted, we can approve this proposal for: ❑ central sewage ❑ community sewage system ❑ community water well ❑ interim sewage ❑ central water ❑ individual sewage ❑ individual water A9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ❑ central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines ❑ central water )�10. Run-off is not to create a mosquito breeding problem. ❑ 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 13. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store *14. /�. e s T� c,�f��d S7"Oi'r� c�..�y --� Date: .Z 1 1� k' at, �~'► "s ��'i�''ysR Reviewed By: CWoSMkc Review Sheet cT ENTRAL DISTRICT HEALTH DEPARTMENT MAIN OFFICE • 707 N. ARMSTRONG PL. - BOISE, ID 83704-0825 • (208) 375-5211 - FAX 327-8500 To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment STORM WATER MANAGEMENT RECOMMENDATIONS It is recommended that storm water be pre-treated through a grassy swale prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for storm water disposal and design a storm water management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: State of Idaho Catalog of Stormwater Best Management Practices For Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. Stormwater Best Management Practices Guidebook Prepared by City of Boise Public Works Department, January 1997. Ada / Boise County Office 707 N. Armsrong PI. Boise, ID 83704 Enviro. Health: 327-7499 Family Planning: 327-7400 Immunizations: 32 7-7450 Senior Nutrition: 327-7460 WIC: 327-7488 FAX: 327-8500 Serving Valley, Elmore, Boise, and Ada Counties Ada -WIC Satellite Office 1606 Robert St. Boise, ID 83705 Ph.334-3355 FAX: 334-3355 Elmore County Office 520 E. 8th Street N. Mountain Home, ID 83647 Enviro. Health: 587-9225 Family Health: 587-4407 WIC: 587-4409 FAX: 587-3521 Valley County Office 703 N. 1st Street P.O. Box 1448 McCall, ID. 83638 Ph.634-7194 FAX:634-2174 ' . HUB OF TREASURE VALLEY MAYOR _ A Good Place to Live � LEGAL DEPARTMENT Robert D. Come (208) 288-2499 - Fax 288-2501 CITY OF MERIDIAN CITY COUNCIL MEMBERS PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 - Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: March 8, 2001 Transmittal Date: February 20, 2001 Hearing Date: File No.: CUP 01-006 March 15, 2001 Request: Conditional Use Permit for 692 single-family lots, 59 townhomes, 17 office lots and 10 commercial lots on 370.55 acres in proposed R-4 and C-G zones for proposed Bridgetower Crossing Subdivision By: Primeland Development Co., LLC Location of Property or Project: north of Ustick Road, east of Ten Mile Road Sally Norton, P/Z Bill Nary, P/Z Jerry Centers, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Building Department Fire Department Police Department City Attorney City Engineer Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department Your Concise Remarks: -- City Planner ' Parks Department (Residential Applications only) Gen - 26 PPIFP/PFP - 30 AZ - 27 February 28, 2001 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 RECEIVED MAR - 5 2001 CITY OF MERIDIAN 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Re: CUP 01-006 Conditional Use Permit for 692 single-family lots, 59 townhomes, 17 office lots and 10 commercial lots on 370.55 acres in an R-4 and C-G zones for proposed Bridgetower Crossing Subdivision Dear Commissioners: The Nampa & Meridian Irrigation District's Creason Lateral and Fivemile Drain course through a portion of the above -mentioned proposed project. The easements of these facilities must be protected and any encroachments without written approval are unacceptable. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: din Cc: File — Shop File — Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 production of traffic, noise, smoke, fumes, glare or odors. 18. The development will not result in the destruction, loss or damage of natural or scenic feature of major importance relating to the property. CONCLUSIONS OF LAW 1. The Citv of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code § 11-17- 3) a. Will, in fact, constitute a conditional use as determined by City policy; b. Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; d. Will not be hazardous or disturbing to existing or future neighboring uses; e. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; f. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. Prior to granting a conditional use permit in the Low Density Residential District (R-4) and General Retail and Service Commercial District (C-G), a public hearing shall be conducted with notice to be published and provided to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code § 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code § 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 M B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on -site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629, January 4, 1994 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for 692 single family lots, 5 townhomes, 17 office lots and 10 commercial lots in an R-4 and C-G zones located north of Ustick Road and east of Ten Mile Road, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 Adopt the Recommendations of the Planning and Zoning and Engineering staff 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: Minimum frontage Minimum lot size Maximum block length Maximum cul-de-sac length Minimum building setbacks: - Interior side R-4 Standard Proposed 80 feet 48 feet (townhome) 69 feet (S.F.R.) 8,000 s.f. 5,500 s.f. (townhome) 1,000 feet 1,500+ feet 450 feet Various (see #3) 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. 2. The Applicant stated in a 3-14-01 letter from Becky Bowcutt that one (1) cul-de-sac in the CUP Site Plan scope exceeds the maximum 450-foot length. It is approximately 480 feet in length. The Applicant shall adjust the Site Plan to bring this block length into compliance. 3. As submitted, the City Council cannot approve this CUP/PUD application until the pending Zoning Ordinance Amendment, or another ordinance allowing non -conforming uses within a planned development, is approved. 4. Commercial Lots: No building elevations were submitted for the proposed commercial buildings on Lots 28, 31, 32, 34 and 36, Block 23. As stated in the Annexation Requirements above, all of these lots shall be processed only under CUP applications. 5. Applicant shall note that, as depicted on the CUP Site Plan, Commercial FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 Lots 36 and 28 do not reflect the minimum number of required parking stalls to operate at 100% retail occupancy. Also, several of the office and commercial lots are below the required number of ADA stalls, have parking rows split between different lots and have drive aisles below the minimum 25-foot width. These issues can be resolved at the time of CUP or Certificate of Zoning Compliance. 6. Office Lots: Sample photos/elevations of the office buildings were submitted with the application. The Applicant has stated on the face of the PUD Site Plan that a detailed CUP application shall be required for the development of each lot. However, since parking, trash enclosures, landscaping and elevations were all submitted for the office lots, the Planning and Zoning Commission and City Council do not feel the office lots would require CUP applications for each lot. The office lots shall be allowed to be processed under a Certificate of Zoning Compliance process only, subject to Ordinance 12-6-61, which allows minor changes up to 10% flexibility. 7. Townhouse Lots: Sample photos/elevations of the townhomes were submitted with the application. The Applicant has stated on the face of the PUD Site Plan that a detailed CUP application shall be required for the development of these townhome lots. However, since a Final Plat application shall be submitted for this phase (shown as Phase #7) and detailed landscaping and fencing plans shall be required at that time, The Planning and Zoning Commission and City Council do not feel these lots would require a CUP application. Any tri-plex units would, however, require a CUP application. 8. Pathways: The Comprehensive Plan, policy 4.1, pg. 56, of the Transportation Chapter, designates Five Mile Creek as a multiple use pathway. Any pathway along Five Mile Creek shall require Bureau of Reclamation (BOR) and NMID approval. Since BOR owns the Five Mile right-of-way in fee simple and the future pathway location shall be off -site from this subdivision (i.e., there is no easement involved), the Applicant shall address this pathway issue. Applicant is to coordinate all public pathway improvements with the Meridian Parks & Recreation Department. The Applicant shall also address if the developer intends to dedicate any pathways within Bridgetower Crossing to the City of Meridian in the future and/or which shall be owned and maintained by the Homeowner's Association. Since the pathway adjacent to the White Drain stubs to both FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 16 ".../ -./ Ten Mile Road and the eastern boundary of the subdivision, This segment of the pathway shall be considered a public pathway and part of the City's master pathway plan. The Applicant shall also address this issue with the Parks &. Recreation Department. 9. The traffic study prepared by Washington Group states the three (3) Residential Collectors proposed are adequate and no new Collector up to McMillan Road is necessary. However, agreement that some public street connection to McMillan Road is not necessary at all has not been decided. During the Pre -Application meeting on this project, staff recommended that the local road shown in Phase 14, Block 20, be extended to connect with McMillan. At build -out, this subdivision shall have a full mile of frontage along McMillan Road (except for the 310 feet of frontage the enclave parcels have that are not a part of Bridgetower Crossing). If constructed as proposed in the CUP/PUD concept plan, there shall be no vehicular access into or out of the subdivision from McMillan Road except for N. Desertbreeze Avenue, the cul-de-sac that serves the 59 townhouse lots. Future development on the north side of McMillan Road, both commercial and residential, shall certainly provide a destination point for some Bridgetower Crossing residents. As designed, all trips with a destination to the north side of McMillan will be forced to use either Ten Mile or Linder Roads, adding unnecessary traffic to these 4-way intersections. All parent, school activity or other trips to the elementary school site from the west and north shall be forced to access the school (as proposed in the CUP/PUD concept plan) through the subdivision. 10.A standard local street (50 feet right-of-way) connection to McMillan Road shall be added adjacent to or near the western boundary of the school site. It would not be designed to a Collector standard and could incorporate bends or other traffic calming devices to minimize any potential cut - through traffic. The Planning and Zoning Commission and City Council cannot support the CUP/PUD concept without some vehicular connection made to McMillan Road. At a minimum, a ped/bike connection to McMillan shall be added. This issue pertains only to the CUP/PUD application since it is outside the boundaries of the proposed Preliminary Plat. Therefore, only the CUP/PUD Site Plan shall be amended - not the Preliminary Plat.] 11. No subdivision sign details or renderings were submitted. Detailed signage plans shall be subject to design review and separate permits. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 17 12. Note that special attention shall be paid on the Landscape Plan to ensure the 40' x 40' clear vision triangles are preserved at the intersections of all roadways. The preliminary plan currently shows some trees within these areas. 13.Ordinance 12-6-7.D requires that all planned developments provide underground utilities throughout the entire project site. 14.Applicant shall provide elevations of the proposed clubhouse for review and approval. 15.The Applicant shall contact the Meridian Historical Society regarding placement of historic signage of the cemetery and graves on Lot 48, Block 26 and/or other historic educational information. 16. Conditions outlined in AZ-01-003 and PP-01-005 shall also apply. 17.The Applicant shall be responsible to pay any extraordinary impact fees ACHD shall apply to this areas in order to accommodate new roadway improvements. Adopt the Recommendations of the Central District Health Department as follows: IS. 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. 19. Run-off is not to create a mosquito breeding problem. 20.Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project shall obtain current best management practices for storm water disposal and design a storm water managmenet system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 20.3 State of Idaho Catalog of Stormwater Best Management Practices For Idaho Cities and Counties. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 18 '-.11 S. , Prepared by the Idaho Division of Environmental Quality, July 1997. 20.4 Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, January 1997. Adopt the Recommendations of the Meridian Fire Department as follows: 21.Office and commercial lots shall meet all codes for sprinkler systems and hydrants for their location. Adopt the Recommendations of the Nampa SL Meridian Irrigation District as follows: 22.The District's Creason Lateral and Five Mile Drain courses through a portion of the proposed project. The easements of theses facilities shall be protected and any encroachment without written approval are unaccepatable. Additionally, the Applicant shall comply with the requirements from the City Council's action taken at their Tuesday, July 3, 2001 meeting as follows: 23.At such time as Owner/Developer proposes a development for that portion annexed herein, which is not yet subject to a specific application for development, Owner/Developer shall make reasonable accommodation of the concerns expressed by Mr. Brian English regarding placement of access onto the property from Linder Road in such a way as to minimize headlight glare from vehicles leaving the property and shining onto the English residence at 4650 North Linder Road, Meridian, Idaho. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code § 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 19 M 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Cleric upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION 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 conditional use permit 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. By action of the City Council at its regular meeting held on the day of ROLL CALL: , 2001. COUNCILMAN RON ANDERSON VOTED COUNCILMAN KEITH BIRD VOTED COUNCILWOMAN TAMMY deWEERD VOTED COUNCILWOMAN CHERIE McCANDLESS VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 20 MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. so City Clerk Dated: ZAWorlc\M\Meridian\Meridian15360M\BridgetoNverCrossing AZ01-003PP01-005 CUP01-006\FfCIsCUP01-006TWO.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 21 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR BRIDGETOWER CROSSING SUBDIVISION IN PROPOSED R-4 AND C-G ZONES, LOCATED NORTH OF USTICK ROAD AND EAST OF TEN MILE ROAD, MERIDIAN, IDAHO PRIMELAND DEVELOPMENT CO., LLP, APPLICANT C/C 07/03/01 Case No. CUP-01-006 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the 7TH day of August, 2001, under the provisions of Meridian City Code § 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for 692 single family lots, 5 townhomes, 17 office lots and 10 commercial lots in an R-4 and C-G zones located north of Ustick Road and east of Ten Mile Road, Meridian, ORDER CONDITIONAL USE PERMIT _ I (CUP-01-006) U .� Idaho, subject to the following conditions of use and development: Adopt the Recommendations of the Planning and Zoning and Engineering staff 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: Minimum frontage Minimum lot size Maximum block length Maximum cul-de-sac length Minimum building setbacks: - Interior side R-4 Standard Proposed 80 feet 48 feet (townhome) 69 feet (S.F.R.) 8,000 s.f. 5,500 s.f. (townhome) 1,000 feet 1,500+ feet 450 feet Various (see #3) 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. 2. The Applicant stated in a 3-14-01 letter from Becky Bowcutt that one (1) cul-de-sac in the CUP Site Plan scope exceeds the maximum 450-foot length. It is approximately 480 feet in length. The Applicant shall adjust the Site Plan to bring this block length into compliance. 3. As submitted, the City Council cannot approve this CUP/PUD application until the pending Zoning Ordinance Amendment, or another ordinance allowing non -conforming uses within a planned development, is approved. 4. Commercial Lots: No building elevations were submitted for the proposed commercial buildings on Lots 28, 31, 32, 34 and 36, Block 23. As stated in the Annexation Requirements above, all of these lots shall be processed only under CUP applications. ORDER CONDITIONAL USE PERMIT - 2 (CUP-01-006) 1 ✓' 1---J 5. Applicant shall note that, as depicted on the CUP Site Plan, Commercial Lots 36 and 28 do not reflect the minimum number of required parking stalls to operate at 100% retail occupancy. Also, several of the office and commercial lots are below the required number of ADA stalls, have parking rows split between different lots and have drive aisles below the minimum 25-foot width. These issues can be resolved at the time of CUP or Certificate of Zoning Compliance. 6. Office Lots: Sample photos/elevations of the office buildings were submitted with the application. The Applicant has stated on the face of the PUD Site Plan that a detailed CUP application shall be required for the development of each lot. However, since parking, trash enclosures, landscaping and elevations were all submitted for the office lots, the Planning and Zoning Commission and City Council do not feel the office lots would require CUP applications for each lot. The office lots shall be allowed to be processed under a Certificate of Zoning Compliance process only, subject to Ordinance 12-6-61, which allows minor changes up to 10% flexibility. 7. Townhouse Lots: Sample photos/elevations of the townhomes were submitted with the application. The Applicant has stated on the face of the PUD Site Plan that a detailed CUP application shall be required for the development of these townhome lots. However, since a Final Plat application shall be submitted for this phase (shown as Phase #7) and detailed landscaping and fencing plans shall be required at that time, The Planning and Zoning Commission and City Council do not feel these lots would require a CUP application. Any tri-plex units would, however, require a CUP application. 8. Pathway The Comprehensive Plan, policy 4.1, pg. 56, of the Transportation Chapter, designates Five Mile Creek as a multiple use pathway. Any pathway along Five Mile Creek shall require Bureau of Reclamation (BOR) and NMID approval. Since BOR owns the Five Mile right-of-way in fee simple and the future pathway location shall be off -site from this subdivision (i.e., there is no easement involved), the Applicant shall address this pathway issue. Applicant is to coordinate all public pathway improvements with the Meridian Parks S& Recreation Department. The Applicant shall also address if the developer intends to dedicate any pathways within Bridgetower Crossing to the City of Meridian in the future and/or which shall be owned and maintained by the Homeowner's ORDER CONDITIONAL USE PERMIT - 3 (CUP-01-006) Association. Since the pathway adjacent to the White Drain stubs to both Ten Mile Road and the eastern boundary of the subdivision, This segment of the pathway shall be considered a public pathway and part of the City's master pathway plan. The Applicant shall also address this issue with the Parks Sz Recreation Department. 9. The traffic study prepared by Washington Group states the three (3) Residential Collectors proposed are adequate and no new Collector up to McMillan Road is necessary. However, agreement that some public street connection to McMillan Road is not necessary at all has not been decided. During the Pre -Application meeting on this project, staff recommended that the local road shown in Phase 14, Block 20, be extended to connect with McMillan. At build -out, this subdivision shall have a full mile of frontage along McMillan Road (except for the 310 feet of frontage the enclave parcels have that are not a part of Bridgetower Crossing). If constructed as proposed in the CUP/PUD concept plan, there shall be no vehicular access into or out of the subdivision from McMillan Road except for N. Desertbreeze Avenue, the cul-de-sac that serves the 59 townhouse lots. Future development on the north side of McMillan Road, both commercial and residential, shall certainly provide a destination point for some Bridgetower Crossing residents. As designed, all trips with a destination to the north side of McMillan will be forced to use either Ten Mile or Linder Roads, adding unnecessary traffic to these 4-way intersections. All parent, school activity or other trips to the elementary school site from the west and north shall be forced to access the school (as proposed in the CUP/PUD concept plan) through the subdivision. 10.A standard local street (50 feet right-of-way) connection to McMillan Road shall be added adjacent to or near the western boundary of the school site. It would not be designed to a Collector standard and could incorporate bends or other traffic calming devices to minimize any potential cut - through traffic. The Planning and Zoning Commission and City Council cannot support the CUP/PUD concept without some vehicular connection made to McMillan Road. At a minimum, a ped/bike connection to McMillan shall be added. This issue pertains only to the CUP/PUD application since it is outside the boundaries of the proposed Preliminary Plat. Therefore, only the CUP/PUD Site Plan shall be amended - not the Preliminary Plat.) I I. No subdivision sign details or renderings were submitted. Detailed signage plans shall be subject to design review and separate permits. ORDER CONDITIONAL USE PERMIT - 4 (CUP-01-006) 12. Note that special attention shall be paid on the Landscape Plan to ensure the 40' x 40' clear vision triangles are preserved at the intersections of all roadways. The preliminary plan currently shows some trees within these areas. 13.Ordinance 12-6-7.1) requires that all planned developments provide underground utilities throughout the entire project site. 14.Applicant shall provide elevations of the proposed clubhouse for review and approval. 15.The Applicant shall contact the Meridian Historical Society regarding placement of historic signage of the cemetery and graves on Lot 48, Block 26 and/or other historic educational information. 16.Conditions outlined in AZ-01-003 and PP-01-005 shall also apply. 17.The Applicant shall be responsible to pay any extraordinary impact fees ACHD shall apply to this areas in order to accommodate new roadway improvements. Adopt the Recommendations of the Central District Health Department as follows: 18.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. 19.Run-off is not to create a mosquito breeding problem. 20.Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project shall obtain current best management practices for storm water disposal and design a storm water managmenet system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 20.1 State of Idaho Catalog of Stormwater Best Management Practices For Idaho Cities and Counties. ORDER CONDITIONAL USE PERMIT (CUP-01-006) - 5 Prepared by the Idaho Division of Environmental Quality, July 1997. 20.2 Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, January 1997. Adopt the Recommendations of the Meridian Fire Department as follows: 21.Office and commercial lots shall meet all codes for sprinkler systems and hydrants for their location. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 22.The District's Creason Lateral and Five Mile Drain courses through a portion of the proposed project. The easements of theses facilities shall be protected and any encroachment without written approval are unaccepatable. Additionally, the Applicant shall comply with the requirements from the City Council's action taken at their Tuesday, July 3, 2001 meeting as follows: 23.At such time as Owner/Developer proposes a development for that portion annexed herein, which is not yet subject to a specific application for development, Owner/Developer shall make reasonable accommodation of the concerns expressed by Mr. Brian English regarding placement of access onto the property from Linder Road in such a way as to minimize headlight glare from vehicles leaving the property and shining onto the English residence at 4650 North Linder Road, Meridian, Idaho. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not ORDER CONDITIONAL USE PERMIT (CUP-01-006) - 6 transferable without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this permit. day of By action of the City Council at its regular meeting held on the , 2001. Robert D. Corrie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. Dated: City Cleric Z:AWorlc\M\Meridian\Meridian 15360M\Bridgetower Crossing AZO 1 -003 PP01-005 CUPO1-006\OrderCUP01-OO6.doc ORDER CONDITIONAL USE PERMIT (CUP-01-006) - 7 Anita Overlin From: Bill Nichols [wfn@whitepeterson.com] Sent: Friday, August 17, 2001 1:59 PM To: 'overlina@ci.meridian. id. us' Cc: Will Berg Jr. (E-mail); Marlene St.George Subject: Bridgetower Crossing Findings Anita, please tell the Mayor that just yesterday, Becky Bowcutt provided suggested corrections/revisions to the AZ and CUP findings. These two will have to be pulled from the Consent Agenda and discussed with Council so we can get the correct language. Marlene is preparing a list of the different issues and will deliver that list on Monday. If you will let the Mayor and Council know that the findings are not final, they won't be surprised when we forward the list next week. Thank you. RECEIVED AUG 17 2001 City of Meridian City Clerk Office 1 June 29, 2001 CUP 01-006 MERIDIAN CITY COUNCIL MEETING July 3, 2001 APPLICANT Primeland Development Company ITEM NO. 14 REQUEST Continued from 6/19/01 - CUP for 692 single-family lots, 59 townhomes, 17 office lots, 10 commercial lots on 370.55 acres in proposed R-4 and C-G zones for proposed Bridgetower Crossing Subdivision - n/o Ustick and e/o Ten Mile Roads 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 previous Item Packet Contacted: C� Date: Phone: `�d7� o Materials presented at public meetings shall become property of the City of Meridian. w I i mr�-� I I.V,, RECEIVED JUL - 3 2001 CITY OF MERIDIAN Meridian City Council 33 East Idaho Street Meridian, ID 83642 4650 North Linder Rd. Meridian, ID 83642 884-8045 (Home) 373-0425 (Work) June 3, 2001 RE: Traffic Concerns related to Proposed Bridgetower Crossing Subdivision Dear Councilmen: We understand that the Meridian City Council will be hearing three items related to the proposed Bridgetower Crossing Subdivision: 1) request for annexation and zoning of 371.42 acres in proposed R-4 and C-6 zones, 2) request for Preliminary Plat Approval of 336 building lots and 58 other lots on 175.91 acres in proposed r-4 and C-6 zones north of Ustick Rd. and East of Ten Mile Rd., and 3) Request for Conditional Use Permit of 692 single-family lots, 59 town homes, 17 office lots, and 10 commercial lots on 370.55 acres in proposed R-4 and C-G zones. We also understand that the item 1 will be heard during the June 2001 City Council meeting. We are worried about the effects that the proposed subdivision will have on the existing road network, on which traffic is already heavy at times. We obtained copies of the Bridgetower Crossing Traffic Study as well as the draft overall traffic study of the six square miles in which major development is occurring in Meridian. On the basis of these public records, we prepared a letter to the Meridian Planning and Zoning Commission documenting our concerns. Below is an excerpt from that letter regarding our traffic -related concerns. It is our hope that the Meridian City Council will consider these concerns as you hear and contemplate the three requests related to the Bridgetower Subdivision. TRAFFIC CONCERNS l . The Bridgetower Traffic Study assumes area traffic growth not associated with the Bridgetower Crossing Subdivision to be 3-4 percent per year. This is inconsistent with other written records from Meridian City and the Ada County Highway District (ACHD), that indicate this area is a high growth area. Therefore, we request that the Bridgetower traffic study be revised to include growth rates consistent with those used by Meridian City and the ACHD in their planning documents. 2. The Bridgetower Traffic Study includes traffic surveys that were conducted December 21, 22, and 26, 2000. We question whether traffic surveys conducted so near the Christmas holidays are representative of standard traffic volumes. In particular, we are concerned that the Eagle High School may not have been in session when the surveys were conducted. We believe that high school traffic constitutes a significant percentage of daily traffic using the existing road network, particularly during the morning rush period. While the study's conclusion about the current Level of Service (LOS) for the studied intersections may not change, a revised traffic study representative of traffic volumes during normal use may indicate mitigative measures are required earlier in the life of this project. Accordingly, we request new traffic surveys be conducted during periods of normal use and the traffic plans revised as necessary. 3. Based on the Bridgetower and ACHD Studies, the intersections at the corners of the square are operating at LOS "C" or better during the peak evening rush. ACHD has indicated that, barring unique circumstances as found with a shopping center, the evening rush hour is the benchmark used to establish intersection LOS. We suggest that Eagle High School traffic constitute a special circumstance. On March 21 and 22, we observed as many as 22 southbound vehicles lined up at the Linder Road/McMillan Road intersection shortly after Eagle HS let out. The intersection had not cleared before the next group of southbound cars (controlled by the light at Linder Road/Chinden Boulevard) arrived, suggesting the LOS at this time was less than "C." Therefore, we request that the Bridgetower traffic study be required to predict the morning peak LOS for those intersections impacted by both commuter and high school traffic before the conditional use permit is granted. 4. The Bridgetower Traffic Study does not mention the impact the subdivision will have on surrounding intersections. For example, the Linder Road/Chinden Boulevard intersection currently operates at less than LOS C during the morning peak when Eagle High School is in session. The traffic study indicates that up to 200 extra vehicles per hour will use this intersection. The Bridgetower Subdivision Traffic Study should discuss the impacts of the proposed subdivision on the Linder/Chinden intersection and other nearby intersections. 5. We request the Zoning Commission require access to the elementary school be, at least in part, from McMillan Road. As mentioned above, we believe the impact of the subdivision and school on the morning rush period has not been fully evaluated. We are concerned that the Linder Road/Subdivision intersection will not provide an adequate level of service, especially since current plans call for the Linder Road speed limit to remain at 50 miles per hour. The City of Meridian and residents currently living adjacent to the proposed subdivisions (Note the March 14, 2001 ACHD comments did not address the "future plan" associated with the conditional use permit), have expressed a desire for an access road to the subdivision/elementary school be provided from McMillan Road to facilitate traffic flow. 6. The Draft ACHD study anticipates mid -mile or third mile intersections to help carry the traffic loads. The reasons provided by the developer for not constructing access to McMillan Road from the subdivision are inconsistent with the ACHD study and are without merit. Cut through traffic results from overloaded arterials and an easy to use alternate route. A north -south connection through the subdivision could be designed to discourage cut through traffic. The Northview example would not be applicable if the roads through the subdivision were not laid in a straight line. If there were an offset in the roads (and associated intersection controls), cut through traffic would be slowed and therefore discouraged. The current subdivision traffic design places a hardship on the existing residents of Linder, Ustick and Ten -Mile Roads. An additional subdivision access point on McMillan Road is needed. 7. We request that the Bridgetower Subdivision Traffic Study be revised, finalized and certified by a traffic engineer as required by Idaho Code 54- 1215.3. If you have any questions regarding these comments, please contact us at 884- 8045 (H) or 373-0425 (Brian's work #). We thank the City Council for their time. Sincerely, Brian L. Eng ish Margaretha M. English DATE PROJECT NUMBER PROJECT NAME PUBLIC HEARING SIGN-UP SHEET -0 0 6 RECEIVED JUL - 3 2001 CITY OF MERIDIAN NAME FOR tJ AGAINST June 15, 2001 MERIDIAN CITY COUNCIL MEETING APPLICANT Primeland DevelnnmPnt (-n June 19, 2001 CUP 01-006 ITEM NO. REQUEST Request for Conditional Use Permit for 692 single-family lots, 59 townhomes, 17 office lots and 10 commercial lots on 370.55 acres in proposed R-4 and C-G zones for proposed Bridgetower Crossing Subdivision -- north of Ustick and east of Ten Mile Roads 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 P&Z Item Packet See attached recommendations nab' Contacted: 11�?C i x t M, ' Utt)t Date: L 1 C S Phone: Materials presented at public meetings shall become property of the City of Meridian. Sent By: City o7 meridian; 8886854; Jun-19-01 Position Statement Case' No. CUP-01-"6 Name of Applicant: _wand Development To: Merldian City Council Front: Brad HawklnkClak, P&Z Dcpt 1:48PM; Page 2/3 PAJ cff-LL 19 , 2 ca 1 tc m k;c), 2-1 I have reviewed the Findings and Recommendations of the Planning and Zoning Comtission with which I disagree as follows: The following Findings and/or Recommendations should be modified: [refer to section nurnber in order and set out how you request it should read] § 2 (pg. 3) : Delete. Replace with .."The Applicant stated in a 3-14-01 letter from Becky Bowoutt that one (I) cul-de-sac in the CUP Site Plan scope exceeds the maximum 450-foot length. It is approximately 480 feet in length. The Applicant should adjust the Site Plan to bring this block length into compliance." The Following Findings and/or Recommendation should be 40: [first identify if proposed item is a :finding or a recommended action then state how it should readl 16 (pg. 6) / "The P&Z Commission also recommends the Applicant be respcost le to pay any extraordinary impact fees ACHD may apply to this area in order to accommodate new roadway improvements." Dated this` day of V� 200t. 1 Coppyserve upon Applicant, Planning and Zoning Department, Public Works Department and C' t ey, Received in the record: BY t tam erg, er -9g Z:l*Ork\N\Meridian 1536OWLANNING AND ZONING FRXTositionStetenVMt(k, RECEIVED JUN 19 2001 City of Meridian City Clerk Office JUN 19 '01 13:58 8886854 pots rn n WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, RosSMAN, NYE & ROSSMAN, P.A. KEVIN E. CHRISTOPHER S. NYE KLEINM Ju m LEIN FisCHER PHILIP A. PETERSON Wm. F. GIGRAY, III ERIC S. RossMAN D. SAmuEL JOHNSON TODD A. ROssMAN JILL S. JvRRIEs DAvID M. SwARTLEY LARRY D. MOORE TERRENCE R. WHITEss WILLIAM A. MORROW NICHOLAS L. WOLLEN Wn.I.IAM F. NICHOLS* 'Also admitted in OR •• Also admitted in WA To: Staff Applicant Affected Property Owner(s) Re: Application Case No ATTORNEYS AT LAW 200 EAST CARLToN AvE., SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208)288-2499 FAx(208)288•2501 E-MAn.:@wPPMG.coM June 11, 2001 CUP-01-006 NAMPA OFFICE 5700 E. FRANKLIN RD., STE. 200 NAMPA IDAHO 83687-8402 TEL.(208)466-9272 FAX (208) 466-4405 PLEASE REPLY TO MERIDIAN OFFICE RECEIVED JUN 13 2001 CITY OF MERIDIAN FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION Staff, Applicant and/or Affected Property Owner(s): Please note that these Findings and Recommendations of the Planning and Zoning Commission shall be presented to the City Council at the public hearing on the above referenced matter by the Planning and Zoning Administrator. Due to the volume of matters which the City Council must decide, and to insure your position is understood and clear, it is important to have a consistent format by which matters are presented at the public hearings before the City Council. The City Council strongly recommends: 1. That you take time to carefully review the Findings and Recommendations of the Planning and Zoning Commission, and Be prepared to state your Commendations on this application by addressing the Findings and Recommendations of the Planning and Zoning Commission; and 2. That you carefully complete (be sure it is le ible) the Position Statement if you disagree with the Findings an Recommendations of the Planning and Zoning Commission. The Position Statement form for this application is available at the City Clerk's office. It is recommended that you prepare a Position Statement and deliver it to the City Clerk prior to the hearing, if possible. If that is not possible, please present your Position Statement to the City Council at the hearing, along with eight (8) copies. The copies will be Cresented to the Mayor, Council, Planning and Zoning Administrator, Public Works and the rk City Attorney. If you are a part of a group, it is strongly recommended that one Position Statement be filled out for the group, which can be signed by the representative for the group. Ve t yours, 5 City ttorney's Office ]Y/ BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL USE ) PERMIT FOR BRIDGETOWER ) CROSSING SUBDIVISION ) PRIMELAND DEVELOPMENT CO, ) LLP Applicant Case No. CUP-01-006 RECOMMENDATION TO CITY COUNCIL I. The property is located north of Ustick Road and east of Ten Mile Road, Meridian, Idaho. 2. The owners of record of the subject property are E.L. Bews, Chandos Hoaglun SL Young Lands, Ltd. of Meridian and Boise. 3. Applicant is Primeland Development co., LLP of Boise. 4. The subject property is currently zoned RUT and R-4. The applicant has requested zoning of R-4 and C-G. The zoning districts of R-4 and C-G are defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 5. The proposed application requests a conditional use permit for 692 single family lots, 5 townhomes, 17 office lots and 10 commercial lots. The R-4 and C-G zoning designations within the City of Meridian Zoning and Development RECOMMENDATION TO CITY COUNCIL - 1 CONDITIONAL USE PERMIT — BRIDGETOWER CROSSING SUBDIVISION — PRIMELAND DEVELOPMENT CO, LLP Ordinance require a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 6. The Meridian Planning and Zoning Commission recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 7. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Policy. RECOMMENDATION 1. The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit as requested by the applicant, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Variances/exceptions to the straight R-4 zoning standards that would be required if this PUD is approved would include the following: R-4 Standard Minimum frontage 80 feet Minimum lot size 8,000 s.f. Maximum block length 1,000 feet Maximum cul-de-sac length 450 feet Minimum building setbacks: Proposed 48 feet (townhome) 69 feet (S.F.R.) 5,500 s.f. (townhome) 1,500+ feet Various (see #3) - Intenor 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 RECOMMENDATION TO CITY COUNCIL - 2 CONDITIONAL USE PERMIT — BRIDGETOWER CROSSING SUBDIVISION — PRIMELAND DEVELOPMENT CO, LLP 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 would need to 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 supports. 2. Prior to the public hearing, the Applicant shall provide a list of all proposed cul-de-sac lengths within the PUD that exceed the maximum 450 feet. The MFD should comment on whether these lengths provide any potential emergency safety concerns. 3. As submitted, the City Council cannot approve this CUP/PUD application until the pending Zoning Ordinance Amendment, or another ordinance allowing non -conforming uses within a planned development, is approved. 4. Commercial Lots: No building elevations were submitted for the proposed commercial buildings on Lots 28, 31, 32, 34 and 36, Block 23. As stated in the Annexation Requirements above, we recommend all of these lots be processed only under CUP applications. 5. Applicant should note that, as depicted on the CUP Site Plan, Commercial Lots 36 and 28 do not reflect the minimum number of required parking stalls to operate at 100% retail occupancy. Also, several of the office and commercial lots are below the required number of ADA stalls, have parking rows split between different lots and have drive aisles below the minimum 25-foot width. These issues can be resolved at the time of CUP or Certificate of Zoning Compliance. 6. Office Lots- Sample photos/elevations of the office buildings were submitted with the application. The Applicant has stated on the face of the PUD Site Plan that a detailed CUP application will be required for the development of each lot. However, since parking, trash enclosures, landscaping and elevations were all submitted for the office lots, the Planning and Zoning Commission does not feel the office lots would require CUP applications for each lot. We recommend that the office lots be allowed to be processed under a Certificate of Zoning Compliance process only, subject to Ordinance 12-6-6.F, which allows RECOMMENDATION TO CITY COUNCIL - 3 CONDITIONAL USE PERMIT — BRIDGETOWER CROSSING SUBDIVISION — PRIMELAND DEVELOPMENT CO, LLP minor changes up to 10% flexibility. 7. Townhouse Lots: Sample photos/elevations of the townhomes were submitted with the application. The Applicant has stated on the face of the PUD Site Plan that a detailed CUP application will be required for the development of these townhome lots. However, since a Final Plat application will need to be submitted for this phase (shown as Phase #7) and detailed landscaping and fencing plans will be required at that time, The Planning and Zoning Commission does not feel these lots would require a CUP application. Any tri-plex units would, however, require a CUP application. 8. Pathways The Comprehensive Plan, policy 4.1, pg. S 6, of the Transportation Chapter, designates Five Mile Creek as a multiple use pathway. Any pathway along Five Mile Creek will require Bureau of Reclamation (BOR) and NMID approval. Since BOR owns the Five Mile right-of-way in fee simple and the future pathway location will be off -site from this subdivision (i.e., there is no easement involved), the Planning and Zoning Commission requests that the Applicant address this pathway issue during the public hearing process. Applicant is to coordinate all public pathway improvements with the Meridian Parks & Recreation Department. The Applicant shall also address if the developer intends to dedicate any pathways within Bridgetower Crossing to the City of Meridian in the future and/or which will be owned and maintained by the Homeowner's Association. Since the pathway adjacent to the White Drain stubs to both Ten Mile Road and the eastern boundary of the subdivision, The Planning and Zoning Commission recommends this segment of the pathway be considered a public pathway and part of the City's master pathway plan. The Applicant should also address this issue before the Council and with the Parks & Recreation Department. 9. The traffic study prepared by Washington Group states the three (3 ) Residential Collectors proposed are adequate and no new Collector up to McMillan Road is necessary. The Planning and Zoning Commission concurs with this recommendation. However, it does not agree that some public street connection to McMillan Road is not necessary at all. During the Pre -Application meeting on this project, staff recommended that the local road shown in Phase 14, Block 20, be extended to connect with McMillan. At build -out, this subdivision will have a full RECOMMENDATION TO CITY COUNCIL - 4 CONDITIONAL USE PERMIT -- BRIDGETOWER CROSSING SUBDIVISION — PRIMELAND DEVELOPMENT CO, LLP mile of frontage along McMillan Road (except for the 310 feet of frontage the enclave parcels have that are not a part of Bridgetower Crossing). If constructed as proposed in the CUP/PUD concept plan, there would be no vehicular access into or out of the subdivision from McMillan Road except for N. Desertbreeze Avenue, the cul-de-sac that serves the 59 townhouse lots. Future development on the north side of McMillan Road, both commercial and residential, will certainly provide a destination point for some Bridgetower Crossing residents. As designed, all trips with a destination to the north side of McMillan will be forced to use either Ten Mile or Linder Roads, adding unnecessary traffic to these 4-way intersections. All parent, school activity or other trips to the elementary school site from the west and north will be forced to access the school (as proposed in the CUP/PUD concept plan) through the subdivision. 10. The Planning and Zoning Commission recommends a standard local street (50 feet right-of-way) connection to McMillan Road be added adjacent to or near the western boundary of the school site. It would not be designed to a Collector standard and could incorporate bends or other traffic calming devices to minimize any potential cut -through traffic. The Planning and Zoning Commission cannot support the CUP/PUD concept without some vehicular connection made to McMillan Road. At a minimum, a ped/bike connection to McMillan must be added. [NOTE: This issue pertains only to the CUP/PUD application since it is outside the boundaries of the proposed Preliminary Plat. If the Council agree, only the CUP/PUD Site Plan would need to be amended — not the Preliminary Plat.] 11. No subdivision sign details or renderings were submitted. Detailed signage plans will be subject to design review and separate permits. 12. Note that special attention will need to be paid on the Landscape Plan to ensure the 40' x 40' clear vision triangles are preserved at the intersections of all roadways. The preliminary plan currently shows some trees within these areas. 13. Ordinance 12-6-7.13 requires that all planned developments provide underground utilities throughout the entire project site. 14. Applicant shall provide elevations of the proposed clubhouse for review RECOMMENDATION TO CITY COUNCIL - 5 CONDITIONAL USE PERMIT -- BRIDGETOWER CROSSING SUBDIVISION — PRIMELAND DEVELOPMENT CO, LLP and approval. 15. The Planning and Zoning Commission recommends the Applicant contact the Meridian Historical Society regarding placement of historic signage of the cemetery and graves on Lot 48, Block 26 and/or other historic educational information. Note: Conditions outlined in AZ-01-003 and PP-01-005 shall also apply. ey/Z:\Work\M\Meridi—\Meridian 15360M\Recommendations\CUP0106Bridgetower.wpd RECOMMENDATION TO CITY COUNCIL - 6 CONDITIONAL USE PERMIT -- BRIDGETOWER CROSSING SUBDIVISION — PRIMELAND DEVELOPMENT CO, LLP PUBLIC HEARING RECEIVED SIGN-UP SHEET JUN 1.9 2001 DATE / CITY OF MERIDIAN PROJECT NUMBER C (,(P �bo PROJECT NAME �riAcjehvv_e4_ September 28, 2001 MERIDIAN CITY COUNCIL MEETING October 2, 2001 CUP 01-006 APPLICANT Primeland Development Company ITEM NO. REQUEST Findings tabled from September 18, 2001 — Request for a Conditional Use Permit for 692 single-family lots, 59 townhomes, 17 office lots and 10 commercial lots on 370.55 acres in proposed R-4 and C-G zones for proposed Bridgetower Crossing Subdivision - n/o Ustick & e/o Ten Mile Rds 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 OTHER: Contacted: I-� pate: C 112Y Phone: 1�L� Materials presented at public meetings shall become Prroopedy of the City of Meridian. P. 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 Cr Boise, Idaho 83713 Phone : 494-3904 Iax:376-8713 REC,F, D OCT u % 21301 City of Meridian City Clerk Office 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 On= 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 be 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, �6, Becky L. �X44�1a� OCT 02 '01 10:56 PPGP . A"D RECEIVED SEP 2 8 2001 CITY OF MERID AN BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR BRIDGETOWER CROSSING SUBDIVISION IN PROPOSED R-4 AND C-G ZONES, LOCATED NORTH OF USTICK ROAD AND EAST OF TEN MILE ROAD, MERIDIAN, IDAHO PRIMELAND DEVELOPMENT CO., LLP, APPLICANT C/C 07-03-01 Revised 09-26-01 Case No. CUP-01-006 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on June 19, 2001 and continued until July 3, 2001, at the hour of 6:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying 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 duly considered the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to -wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for June 19, 2001 and continued until July 3, 2001, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the June 19, 2001 and continued until July 3, 2001, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 comments and submit evidence. 2. 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. This proposed development request is in an R-4 and C-G zones and by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located north of Usticic Road and east of Ten Mile Road, Meridian, Idaho. 5. The owners of record of the subject property are E.L. Bews, Brad and Chandos Hoaglun, and Young Lands, Ltd., represented by Harry D. Young, of Boise and Meridian, Idaho. 6. Applicant is Primeland Development Co., LLP of Boise, Idaho. 7. The subject property is currently zoned RUT and R-4. The applicant has requested zoning of R-4 and C-G. The zoning districts of R-4 and C-G are defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for 692 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 single family lots, 59 townhomes, 17 office lots and 10 commercial lots. The R-4 and C-G zoning designations within the City of Meridian Zoning and Development Ordinance require a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. 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 and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Variances/exceptions to the straight R-4 zoning standards that shall be required if this PUD is approved shall include the following: Minimum frontage Minimum lot size Maximum block length Maximum cul-de-sac length Minimum building setbacks: - Interior side R-4 Standard Proposed 80 feet 48 feet (townhome) 69 feet (S.F.R.) 8,000 s.f. 5,500 s.f. (townhome) 1,000 feet 1,500+ feet 450 feet Various (see #3) 5 ft. per story 0 lot line (townhome) - Front (non -front entry garage)15 feet 20 feet Front entry garage 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. 2. The Applicant stated in a 3-14-01 letter from Becky Bowcutt that one (1) cul-de-sac in the CUP Site Plan scope exceeds the maximum 450- foot length. It is approximately 480 feet in length. The Applicant shall adjust the Site Plan to bring this block length into compliance. 3. As submitted, the City Council cannot approve this CUP/PUD application until the pending Zoning Ordinance Amendment, or another ordinance allowing non -conforming uses within a planned FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 development, is approved. 4. Commercial Lots: No building elevations were submitted for the proposed commercial buildings on Lots 28, 31, 32, 34 and 36, Block 23. As stated in the Annexation Requirements above, all of these lots shall be processed only under CUP applications. 5. Applicant shall note that, as depicted on the CUP Site Plan, Commercial Lots 36 and 28 do not reflect the minimum number of required parking stalls to operate at 100% retail occupancy. Also, several of the office and commercial lots are below the required number of ADA stalls, have parking rows split between different lots and have drive aisles below the minimum 25-foot width. These issues can be resolved at the time of CUP or Certificate of Zoning Compliance. 6. Office Lots: Sample photos/elevations of the office buildings were submitted with the application. The Applicant has stated on the face of the PUD Site Plan that a detailed CUP application shall be required for the development of each lot. However, since parking, trash enclosures, landscaping and elevations were all submitted for the office lots, the Planning and Zoning Commission and City Council do not feel the office lots would require CUP applications for each lot. The office lots shall be allowed to be processed under a Certificate of Zoning Compliance process only, subject to Ordinance 12-6-61, which allows minor changes up to 10% flexibility. 7. Townhouse Lots: Sample photos/elevations of the townhomes were submitted with the application. The Applicant has stated on the face of the PUD Site Plan that a detailed CUP application shall be required for the development of these townhome lots. However, since a Final Plat application shall be submitted for this phase (shown as Phase #7) and detailed landscaping and fencing plans shall be required at that time, The Planning and Zoning Commission and City Council do not feel these lots would require a CUP application. Any tri-plex units would, however, require a CUP application. 8. Pathways: The Comprehensive Plan, policy 4.1, pg. 56, of the Transportation Chapter, designates Five Mile Creek as a multiple use pathway. Any pathway along Five Mile Creek shall require Bureau of Reclamation (BOR) and NMID approval. Since BOR owns the Five FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 Mile right-of-way in fee simple and the future pathway location shall be off -site from this subdivision (i.e., there is no easement involved), the Applicant shall address this pathway issue. Applicant is to coordinate all public pathway improvements with the Meridian Parks & Recreation Department. The Applicant shall also address if the developer intends to dedicate any pathways within Bridgetower Crossing to the City of Meridian in the future and/or which shall be owned and maintained by the Homeowner's Association. Since the pathway adjacent to the White Drain stubs to both Ten Mile Road and the eastern boundary of the subdivision, This segment of the pathway shall be considered a public pathway and part of the City's master pathway plan. The Applicant shall also address this issue with the Parks & Recreation Department. 9. The traffic study prepared by Washington Group states the three (3) Residential Collectors proposed are adequate and no new Collector up to McMillan Road is necessary. However, agreement that some public street connection to McMillan Road is not necessary at all has not been decided. During the Pre -Application meeting on this project, staff recommended that the local road shown in Phase 14, Block 20, be extended to connect with McMillan. At build -out, this subdivision shall have a full mile of frontage along McMillan Road (except for the 310 feet of frontage the enclave parcels have that are not a part of Bridgetower Crossing). If constructed as proposed in the CUP/PUD concept plan, there shall be no vehicular access into or out of the subdivision from McMillan Road except for N. Desertbreeze Avenue, the cul-de-sac that serves the 59 townhouse lots. Future development on the north side of McMillan Road, both commercial and residential, shall certainly provide a destination point for some Bridgetower Crossing residents. As designed, all trips with a destination to the north side of McMillan will be forced to use either Ten Mile or Linder Roads, adding unnecessary traffic to these 4-way intersections. All parent, school activity or other trips to the elementary school site from the west and north shall be forced to access the school (as proposed in the CUP/PUD concept plan) through the subdivision. 10. A standard local street (50 feet right-of-way) connection to McMillan Road shall be added adjacent to or near the western boundary of the school site. It would not be designed to a Collector standard and could incorporate bends or other traffic calming devices to minimize any potential cut -through traffic. The Planning and Zoning Commission and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 City Council cannot support the CUP/PUD concept without some vehicular connection made to McMillan Road. At a minimum, a ped/bike connection to McMillan shall be added. This issue pertains only to the CUP/PUD application since it is outside the boundaries of the proposed Preliminary Plat. Therefore, only the CUP/PUD Site Plan shall be amended - not the Preliminary Plat.] 11. No subdivision sign details or renderings were submitted. Detailed signage plans shall be subject to design review and separate permits. 12. Note that special attention shall be paid on the Landscape Plan to ensure the 40' x 40' clear vision triangles are preserved at the intersections of all roadways. The preliminary plan currently shows some trees within these areas. 13. Ordinance 12-6-7.D requires that all planned developments provide underground utilities throughout the entire project site. 14. Applicant shall provide elevations of the proposed clubhouse for review and approval. 15. The Applicant shall contact the Meridian Historical Society regarding placement of historic signage of the cemetery and graves on Lot 48, Block 26 and/or other historic educational information. 16. Conditions outlined in AZ-01-003 and PP-01-005 shall also apply. 17. The Applicant shall be responsible to pay any extraordinary impact fees ACHD shall apply to this areas in order to accommodate new roadway improvements. Adopt the Recommendations of the Central District Health Department as follows: 18. 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. 19. Run-off is not to create a mosquito breeding problem. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 u 20. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project shall obtain current best management practices for storm water disposal and design a storm water managmenet system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 20.1 State of Idaho Catalog of Stormwater Best Management Practices For Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 20.2 Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, January 1997. Adopt the Recommendations of the Meridian Fire Department as follows: 21. Office and commercial lots shall meet all codes for sprinkler systems and hydrants for their location. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 22. The District's Creason Lateral and Five Mile Drain courses through a portion of the proposed project. The easements of theses facilities shall be protected and any encroachment without written approval are unaccepatable. Additionally, the Applicant shall comply with the requirements from the City Council's action taken at their Tuesday, July 3, 2001 meeting as follows: 23. At such time as Owner/Developer proposes a development for that portion annexed herein, which is not yet subject to a specific application for development, Owner/Developer shall make reasonable accommodation of the concerns expressed by Mr. Brian English regarding placement of access onto the property from Linder Road in such a way as to minimize headlight glare from vehicles leaving the property and shining onto the English residence at 4650 North Linder FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 Road, Meridian, Idaho. NOTE: This annexation and the accompanying zoning designation allow development of the annexed parcel under the Planned Development Ordinance. Concurrently, with the application for annexation and zoning, the applicant also submitted an application for approval of preliminary plat and an application for a conditional use permit. The accompanying preliminary plat and conditional use permit applications covered only a portion of the property being annexed herein. By reviewing the proposed preliminary plat and conditional use applications, the Council finds that the remainder of the annexed property will be appropriate for an additional number of residential lots, and for uses other than residential in accordance with the Planned Development Ordinance, as well as a school site. Other than a maximum number of residential lots not to exceed 692, and the concept of the mixed uses and a school site, these findings do not approve any proposed layout of lots (other than the approved layout found in Preliminary Plat Application Case No. PP-01-005 and Conditional Use Permit Application Case No. CUP- 01-006.), nor are roadways, or the 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. 13. The proposed uses within the subject application will not be harmonious with and in accordance with the Meridian Comprehensive Plan and the City of Meridian Zoning and Development Ordinance, however, the Plan is currently under review and this area is being considered for some commercial designation, which then would be harmonious because: 13.1 The subject property is designated on the "Generalized Land Use Map" as "Single -Family Residential and Commerical/Mixed Use". 14. The uses proposed within the subject application subject to the conditions herein ordered will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or intended character of the general FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 vicinity and that such uses will not change the intended essential character of the same area. 15. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 16. The uses proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. 17. The uses proposed within the subject application will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 18. The development will not result in the destruction, loss or damage of natural or scenic feature of major importance relating to the property. CONCLUSIONS OF LAW 1 o The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and X1I, Chapter 1, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code § 11-17- 3) a. Will, in fact, constitute a conditional use as determined by City policy; b. Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; d. Will not be hazardous or disturbing to existing or future neighboring uses; e. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 U water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; f. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. Prior to granting a conditional use permit in the Low Density Residential District (R-4) and General Retail and Service Commercial District (C-G), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code § 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code § 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on -site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. S. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629, January 4, 1994 and Maps. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for 692 single family lots, 59 townhomes, 17 office lots and 10 commercial lots in an R-4 and C-G zones located north of Ustick Road and east of Ten Mile Road, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff 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) Minimum building setbacks: - Interior side 5 ft. per story 0 lot line (townhome) - Front (non -front entry garage)15 feet 20 feet Front entry garage 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 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. 2. The Applicant stated in a 3-14-01 letter from Becky Bowcutt that one (1) cul-de-sac in the CUP Site Plan scope exceeds the maximum 450-foot length. It is approximately 480 feet in length. The Applicant shall adjust the Site Plan to bring this block length into compliance. 3. As submitted, the City Council cannot approve this CUP/PUD application until the pending Zoning Ordinance Amendment, or another ordinance allowing non -conforming uses within a planned development, is approved. 4. Commercial Lots: No building elevations were submitted for the proposed commercial buildings on Lots 28, 31, 32, 34 and 36, Block 23. As stated in the Annexation Requirements above, all of these lots shall be processed only under CUP applications. 5. Applicant shall note that, as depicted on the CUP Site Plan, Commercial Lots 36 and 28 do not reflect the minimum number of required parking stalls to operate at 100% retail occupancy. Also, several of the office and commercial lots are below the required number of ADA stalls, have parking rows split between different lots and have drive aisles below the minimum 25-foot width. These issues can be resolved at the time of CUP or Certificate of Zoning Compliance. 6. Office Lots: Sample photos/elevations of the office buildings were submitted with the application. The Applicant has stated on the face of the PUD Site Plan that a detailed CUP application shall be required for the development of each lot. However, since parking, trash enclosures, landscaping and elevations were all submitted for the office lots, the Planning and Zoning Commission and City Council do not feel the office lots would require CUP applications for each lot. The office lots shall be allowed to be processed under a Certificate of Zoning Compliance process only, subject to Ordinance 12-6-61, which allows minor changes up to 10% flexibility. 7. Townhouse Lots: Sample photos/elevations of the townhomes were submitted with the application. The Applicant has stated on the face of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 16 PUD Site Plan that a detailed CUP application shall be required for the development of these townhome lots. However, since a Final Plat application shall be submitted for this phase (shown as Phase #7) and detailed landscaping and fencing plans shall be required at that time, The Planning and Zoning Commission and City Council do not feel these lots would require a CUP application. Any tri-plex units would, however, require a CUP application. 8. Pathways: The Comprehensive Plan, policy 4.1, pg. 56, of the Transportation Chapter, designates Five Mile Creek as a multiple use pathway. Any pathway along Five Mile Creek shall require Bureau of Reclamation (BOR) and NMID approval. Since BOR owns the Five Mile right-of-way in fee simple and the future pathway location shall be off -site from this subdivision (i.e., there is no easement involved), the Applicant shall address this pathway issue. Applicant is to coordinate all public pathway improvements with the Meridian Parks & Recreation Department. The Applicant shall also address if the developer intends to dedicate any pathways within Bridgetower Crossing to the City of Meridian in the future and/or which shall be owned and maintained by the Homeowner's Association. Since the pathway adjacent to the White Drain stubs to both Ten Mile Road and the eastern boundary of the subdivision, This segment of the pathway shall be considered a public pathway and part of the City's master pathway plan. The Applicant shall also address this issue with the Parks & Recreation Department. 9. The traffic study prepared by Washington Group states the three (3) Residential Collectors proposed are adequate and no new Collector up to McMillan Road is necessary. However, agreement that some public street connection to McMillan Road is not necessary at all has not been decided. During the Pre -Application meeting on this project, staff recommended that the local road shown in Phase 14, Block 20, be extended to connect with McMillan. At build -out, this subdivision shall have a full mile of frontage along McMillan Road (except for the 310 feet of frontage the enclave parcels have that are not a part of Bridgetower Crossing). If constructed as proposed in the CUP/PUD concept plan, there shall be no vehicular access into or out of the subdivision from McMillan Road except for N. Desertbreeze Avenue, the cul-de-sac that serves the 59 townhouse lots. Future development on the north side of McMillan Road, both commercial and residential, shall certainly provide a destination point for some Bridgetower Crossing residents. As designed, all trips with a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 17 destination to the north side of McMillan will be forced to use either Ten Mile or Linder Roads, adding unnecessary traffic to these 4-way intersections. All parent, school activity or other trips to the elementary school site from the west and north shall be forced to access the school (as proposed in the CUP/PUD concept plan) through the subdivision. 10.A standard local street (50 feet right-of-way) connection to McMillan Road shall be added adjacent to or near the western boundary of the school site. It would not be designed to a Collector standard and could incorporate bends or other traffic calming devices to minimize any potential cut - through traffic. The Planning and Zoning Commission and City Council cannot support the CUP/PUD concept without some vehicular connection made to McMillan Road. At a minimum, a ped/bilce connection to McMillan shall be added. This issue pertains only to the CUP/PUD application since it is outside the boundaries of the proposed Preliminary Plat. Therefore, only the CUP/PUD Site Plan shall be amended - not the Preliminary Plat.] I I.No subdivision sign details or renderings were submitted. Detailed signage plans shall be subject to design review and separate permits. 12. Note that special attention shall be paid on the Landscape Plan to ensure the 40' x 40' clear vision triangles are preserved at the intersections of all roadways. The preliminary plan currently shows some trees within these areas. 13.Ordinance 12-6-7.D requires that all planned developments provide underground utilities throughout the entire project site. 14.Applicant shall provide elevations of the proposed clubhouse for review and approval. 15.The Applicant shall contact the Meridian Historical Society regarding placement of historic signage of the cemetery and graves on Lot 48, Block 26 and/or other historic educational information. 16.Conditions outlined in AZ-01-003 and PP-01-005 shall also apply. 17.The Applicant shall be responsible to pay any extraordinary impact fees ACHD shall apply to this areas in order to accommodate new roadway FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 18 improvements. Adopt the Recommendations of the Central District Health Department as follows: 18.The Applicant's central sewage and central water plans shall be submitted to and approved by the Idaho Department of Health S& Welfare, Division of Environmental Quality. 19.Run-off is not to create a mosquito breeding problem. 20.Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project shall obtain current best management practices for storm water disposal and design a storm water managmenet system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 20.3 State of Idaho Catalog of Stormwater Best Management Practices For Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 20.4 Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, January 1997. Adopt the Recommendations of the Meridian Fire Department as follows: 21.Office and commercial lots shall meet all codes for sprinkler systems and hydrants for their location. Adopt the Recommendations of the Nampa SL Meridian Irrigation District as follows: 22.The District's Creason Lateral and Five Mile Drain courses through a portion of the proposed project. The easements of theses facilities shall be protected and any encroachment without written approval are unaccepatable. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 19 Additionally, the Applicant shall comply with the requirements from the City Council's action taken at their Tuesday, July 3, 2001 meeting as follows: 23.At such time as Owner/Developer proposes a development for that portion annexed herein, which is not yet subject to a specific application for development, Owner/Developer shall make reasonable accommodation of the concerns expressed by Mr. Brian English regarding placement of access onto the property from Linder Road in such a way as to minimize headlight glare from vehicles leaving the property and shining onto the English residence at 4650 North Linder Road, Meridian, Idaho. NOTE: This annexation and the accompanying zoning designation allow development of the annexed parcel under the Planned Development Ordinance. Concurrently, with the application for annexation and zoning, the applicant also submitted an application for approval of preliminary plat and an application for a conditional use permit. The accompanying preliminary plat and conditional use permit applications covered only a portion of the property being annexed herein. By reviewing the proposed preliminary plat and conditional use applications, the Council finds that the remainder of the annexed property will be appropriate for an additional number of residential lots, and for uses other than residential in accordance with the Planned Development Ordinance, as well as a school site. Other than a maximum number of residential lots not to exceed 692, and the concept of the mixed uses and a school site, these findings do not approve any proposed layout of lots (other than the approved layout found in Preliminary Plat Application Case No. PP-01-005 and Conditional Use Permit Application Case No. CUP- 0 1 -006.), nor are roadways, or the 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. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code § 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 20 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Cleric and then a copy served by the Cleric upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION 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 conditional use permit 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. By action of the City Council at its regular meeting held on the day of , 2001. ROLL CALL: COUNCILMAN RON ANDERSON COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE McCANDLESS VOTED VOTED VOTED VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 21 MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. E City Cleric Dated: ZAWor1-\M\Meridian\Meridian 15360M\Bridgetower CrossingAZ01-003 PPO1-005 CUPOI-006\FfC]sCUP01-006TWO.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 22 RECEIVED SEP 2 8 2001 CITY OF MERIDIAN BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR BRIDGETOWER CROSSING SUBDIVISION IN PROPOSED R-4 AND C-G ZONES, LOCATED NORTH OF USTICK ROAD AND EAST OF TEN MILE ROAD, MERIDIAN, IDAHO PRIMELAND DEVELOPMENT CO., LLP, APPLICANT C/C 07/03/01 Revised 09-26-01 Case No. CUP-01-006 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the 7TH day of August, 2001, under the provisions of Meridian City Code § 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for 692 single family lots, 59 townhomes, 17 office lots and 10 commercial lots in an R-4 and C-G zones located north of Ustick Road and east of Ten Mile Road, Meridian, ORDER CONDITIONAL USE PERMIT _ 1 (CUP-01-006) Idaho, subject to the following conditions of use and development: Adopt the Recommendations of the Planning and Zoning and Engineering staff 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: Minimum frontage Minimum lot size Maximum block length Maximum cul-de-sac length Minimum building setbacks: - Interior side RA Standard Proposed 80 feet 48 feet (townhome) 69 feet (S.F.R.) 8,000 s.f. 5,500 s.f. (townhome) 1,000 feet 1,500+ feet 450 feet Various (see #3) 5 ft. per story 0 lot line (townhome) - Front (non -front entry garage)15 feet 20 feet Front entry garage 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. 2. The Applicant stated in a 3-14-01 letter from Becky Bowcutt that one (1) cul-de-sac in the CUP Site Plan scope exceeds the maximum 450-foot length. It is approximately 480 feet in length. The Applicant shall adjust the Site Plan to bring this block length into compliance. 3. As submitted, the City Council cannot approve this CUP/PUD application until the pending Zoning Ordinance Amendment, or another ordinance allowing non -conforming uses within a planned development, is approved. 4. Commercial Lots: No building elevations were submitted for the proposed commercial buildings on Lots 28, 31, 32, 34 and 36, Block 23. As stated in the Annexation Requirements above, all of these lots shall be processed only under CUP applications. ORDER CONDITIONAL USE PERMIT - 2 (CUP-01-006) 5. Applicant shall note that, as depicted on the CUP Site Plan, Commercial Lots 36 and 28 do not reflect the minimum number of required parking stalls to operate at 100% retail occupancy. Also, several of the office and commercial lots are below the required number of ADA stalls, have parking rows split between different lots and have drive aisles below the minimum 25-foot width. These issues can be resolved at the time of CUP or Certificate of Zoning Compliance. 6. Office Lots: Sample photos/elevations of the office buildings were submitted with the application. The Applicant has stated on the face of the PUD Site Plan that a detailed CUP application shall be required for the development of each lot. However, since parking, trash enclosures, landscaping and elevations were all submitted for the office lots, the Planning and Zoning Commission and City Council do not feel the office lots would require CUP applications for each lot. The office lots shall be allowed to be processed under a Certificate of Zoning Compliance process only, subject to Ordinance 12-6-6.F, which allows minor changes up to 10% flexibility. 7. Townhouse Lots: Sample photos/elevations of the townhomes were submitted with the application. The Applicant has stated on the face of the PUD Site Plan that a detailed CUP application shall be required for the development of these townhome lots. However, since a Final Plat application shall be submitted for this phase (shown as Phase #7) and detailed landscaping and fencing plans shall be required at that time, The Planning and Zoning Commission and City Council do not feel these lots would require a CUP application. Any tri-plex units would, however, require a CUP application. 8. Pathway The Comprehensive Plan, policy 4.1, pg. 56, of the Transportation Chapter, designates Five Mile Creek as a multiple use pathway. Any pathway along Five Mile Creek shall require Bureau of Reclamation (BOR) and NMID approval. Since BOR owns the Five Mile right-of-way in fee simple and the future pathway location shall be off -site from this subdivision (i.e., there is no easement involved), the Applicant shall address this pathway issue. Applicant is to coordinate all public pathway improvements with the Meridian Parks SL Recreation Department. The Applicant shall also address if the developer intends to dedicate any pathways within Bridgetower Crossing to the City of Meridian in the future and/or which shall be owned and maintained by the Homeowner's ORDER CONDITIONAL USE PERMIT - 3 (CUP-01-006) Association. Since the pathway adjacent to the White Drain stubs to both Ten Mile Road and the eastern boundary of the subdivision, This segment of the pathway shall be considered a public pathway and part of the City's master pathway plan. The Applicant shall also address this issue with the Parks SL Recreation Department. 9. The traffic study prepared by Washington Group states the three (3) Residential Collectors proposed are adequate and no new Collector up to McMillan Road is necessary. However, agreement that some public street connection to McMillan Road is not necessary at all has not been decided. During the Pre -Application meeting on this project, staff recommended that the local road shown in Phase 14, Block 20, be extended to connect with McMillan. At build -out, this subdivision shall have a full mile of frontage along McMillan Road (except for the 310 feet of frontage the enclave parcels have that are not a part of Bridgetower Crossing). If constructed as proposed in the CUP/PUD concept plan, there shall be no vehicular access into or out of the subdivision from McMillan Road except for N. Desertbreeze Avenue, the cul-de-sac that serves the 59 townhouse lots. Future development on the north side of McMillan Road, both commercial and residential, shall certainly provide a destination point for some Bridgetower Crossing residents. As designed, all trips with a destination to the north side of McMillan will be forced to use either Ten Mile or Linder Roads, adding unnecessary traffic to these 4-way intersections. All parent, school activity or other trips to the elementary school site from the west and north shall be forced to access the school (as proposed in the CUP/PUD concept plan) through the subdivision. 10.A standard local street (50 feet right-of-way) connection to McMillan Road shall be added adjacent to or near the western boundary of the school site. It would not be designed to a Collector standard and could incorporate bends or other traffic calming devices to minimize any potential cut - through traffic. The Planning and Zoning Commission and City Council cannot support the CUP/PUD concept without some vehicular connection made to McMillan Road. At a minimum, a ped/bike connection to McMillan shall be added. This issue pertains only to the CUP/PUD application since it is outside the boundaries of the proposed Preliminary Plat. Therefore, only the CUP/PUD Site Plan shall be amended - not the Preliminary Plat.) I I.No subdivision sign details or renderings were submitted. Detailed signage plans shall be subject to design review and separate permits. ORDER CONDITIONAL USE PERMIT - 4 (CUP-01-006) 12. Note that special attention shall be paid on the Landscape Plan to ensure the 40' x 40' clear vision triangles are preserved at the intersections of all roadways. The preliminary plan currently shows some trees within these areas. 13.Ordinance 12-6-7.1) requires that all planned developments provide underground utilities throughout the entire project site. 14.Applicant shall provide elevations of the proposed clubhouse for review and approval. 15.The Applicant shall contact the Meridian Historical Society regarding placement of historic signage of the cemetery and graves on Lot 48, Block 26 and/or other historic educational information. 16.Conditions outlined in AZ-01-003 and PP-01-005 shall also apply. 17.The Applicant shall be responsible to pay any extraordinary impact fees ACHD shall apply to this areas in order to accommodate new roadway improvements. Adopt the Recommendations of the Central District Health Department as follows: 18.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. 19. Run-off is not to create a mosquito breeding problem. 20.Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project shall obtain current best management practices for storm water disposal and design a storm water managmenet system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 20.1 State of Idaho Catalog of Stormwater Best Management Practices For Idaho Cities and Counties. ORDER CONDITIONAL USE PERMIT - 5 (CUP-01-006) Prepared by the Idaho Division of Environmental Quality, July 1997. 20.2 Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, January 1997. Adopt the Recommendations of the Meridian Fire Department as follows: 21.Office and commercial lots shall meet all codes for sprinkler systems and hydrants for their location. Adopt the Recommendations of the Nampa Sz Meridian Irrigation District as follows: 22.The District's Creason Lateral and Five Mile Drain courses through a portion of the proposed project. The easements of theses facilities shall be protected and any encroachment without written approval are unaccepatable. Additionally, the Applicant shall comply with the requirements from the City Council's action taken at their Tuesday, July 3, 2001 meeting as follows: 23.At such time as Owner/Developer proposes a development for that portion annexed herein, which is not yet subject to a specific application for development, Owner/Developer shall make reasonable accommodation of the concerns expressed by Mr. Brian English regarding placement of access onto the property from Linder Road in such a way as to minimize headlight glare from vehicles leaving the property and shining onto the English residence at 4650 North Linder Road, Meridian, Idaho. NOTE: This annexation and the accompanying zoning designation allow development of the annexed parcel under the Planned Development Ordinance. Concurrently, with the application for annexation and zoning, the applicant also submitted an application for approval of preliminary plat and an application for a conditional use permit. The accompanying preliminary plat and conditional use permit applications covered only a portion of the property being annexed herein. By reviewing the proposed preliminary plat and conditional use applications, the Council finds that the remainder of the ORDER CONDITIONAL USE PERMIT - 6 (CUP-01-006) annexed property will be appropriate for an additional number of residential lots, and for uses other than residential in accordance with the Planned Development Ordinance, as well as a school site. Other than a maximum number of residential lots not to exceed 692, and the concept of the mixed uses and a school site, these findings do not approve any proposed layout of lots (other than the approved layout found in Preliminary Plat Application Case No. PP-01-005 and Conditional Use Permit Application Case No. CUP- 0 1 -006.), nor are roadways, or the 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. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the day of , 2001. Robert D. Corrie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. Dated: City Clerk Z:\Work\M\Meridian\Meridian 15360M\Bridgetower Crossing A7-01-003 PPO1-005 CUPO1-006\OrderCUP01-006.doc ORDER CONDITIONAL USE PERMIT - 7 (CUP-01-006) September 14, 2001 MERIDIAN CITY COUNCIL MEETING September 18, 2001 CUP 01-006 APPLICANT Primeland Development Company ITEM NO. 3- }-�- REQUEST Findings tabled from September 4, 2001 -- Request for a Conditional Use Permit for 692 single-family lots, 59 townhomes, 17 office lots and 10 commercial lots on 370.55 acres in proposed R-4 and C-G zones for proposed Bridgetower Crossing Subdivision - n/o Ustick & e/o Ten Mile Rds 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: u L i v I Date: j Phone: 4,1 LA -.3904 Materials presented at public meetings shall become property of the City of Meridian. August 31, 2001 CUP 01-006 MERIDIAN CITY COUNCIL MEETING September 4, 2001 APPLICANT Primeland Development Company ITEM NO. 3-E REQUEST Findings tabled from August 21, 2001 -- Request for a Conditional Use Permit for 692 single-family lots, 59 townhomes, 17 office lots and 10 commercial lots on 370.55 acres in proposed R-4 and C-G zones for proposed Bridgetower Crossing Subdivision - n/o Ustick & e/o Ten Mile Rds 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 See attached Findings �'e BUREAU OF RECLAMATION: OTHER: Contacted: Pj ff V i A RaUC Date: q ILI Phone: LA S y __ 6`� ()I--( --- Materials presented at public meetings shal become properly of the City of Meridian. August 17, 2001 CUP 01-006 MERIDIAN CITY COUNCIL MEETING August 21, 2001 APPLICANT Primeland Development Company ITEM NO. 3 — I REQUEST Findings tabled from August 8, 2001 -- Request for a Conditional Use Permit for 692 single-family lots, 59 townhomes, 17 office lots and 10 commercial lots on 370.55 acres in proposed R-4 and C-G zones for proposed Bridgetower Crossing Subdivision - n/o Ustick & e/o Ten Mile Rds 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: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. August 3, 2001 CUP 01-006 MERIDIAN CITY COUNCIL MEETING August 8, 2001 APPLICANT Primeland Development Company ITEM NO. REQUEST Findings -- Request for a Conditional Use Permit for 692 single-family lots, 59 townhomes, 17 office lots and 10 commercial lots on 370.55 acres in proposed R-4 and C-G zones for proposed Bridgetower Crossing Subdivision - n/o Ustick and e/o Ten Mile Roads 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: Date: ^ Phone: L) Sli— 22ci Materials presented at public meetings shaft become property of the City of Meridian. RECEIVED AUG UG 0 12001 MEMORANDUM City of Meridian To: William G. Berg, Jr. From: William F. Nichol Subject: BRIDGETOWER CROSSING SUBDIVISION BY: PRIMELAND DEVELOPMENT CO. LLP FOR CONDITIONAL USE PERMIT IN R-4 AND C-G ZONES File No.: CUP-01-006 Date: July 26, 2001 Will: Please find attached the original FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS and the ORDER. Please place this matter upon the Regular Agenda for Council discussion and decision. If you should have any questions please give me a call. Z:\Work\M\Meridian\Meridian 15360Nf\Bridgetower Crossing AZO1-003 PPO1-005 CUPO1-006\ClkLtrCUPffcls&Order.doc 11 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR BRIDGETOWER CROSSING SUBDIVISION IN PROPOSED R-4 AND C-G ZONES, LOCATED NORTH OF USTICK ROAD AND EAST OF TEN MILE ROAD, MERIDIAN, IDAHO PRIMELAND DEVELOPMENT CO., LLP, APPLICANT C/C 07-03-01 Case No. CUP-01-006 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on June 19, 2001 and continued until July 3, 2001, at the hour of 6:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying 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 duly considered the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - I evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to -wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for June 19, 2001 and continued until July 3, 2001, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property tinder consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the June 19, 2001 and continued until July 3, 2001, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 continents and submit evidence. 2. 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. This proposed development request is in an R-4 and C-G zones and by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located north of Usticic Road and east of Ten Mile Road, Meridian, Idaho. 5. The owners of record of the subject property are E.L. Bews, Brad and Chandos Hoaglun, and Young Lands, Ltd., represented by Harry D. Young, of Boise and Meridian, Idaho. 6. Applicant is Primeland Development Co., LLP of Boise, Idaho. 7. The subject property is currently zoned RUT and R-4. The applicant has requested zoning of R-4 and C-G. The zoning districts of R-4 and C-G are defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for 692 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 single family lots, 5 townhomes, 17 office lots and 10 commercial lots. The R-4 and C-G zoning designations within the City of Meridian Zoning and Development Ordinance require a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. 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 and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 u proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 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) 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. 2. The Applicant stated in a 3-14-01 letter from Becky Bowcutt that one (1) cul-de-sac in the CUP Site Plan scope exceeds the maximum 450- foot length. It is approximately 480 feet in length. The Applicant shall adjust the Site Plan to bring this block length into compliance. 3. As submitted, the City Council cannot approve this CUP/PUD application until the pending Zoning Ordinance Amendment, or another ordinance allowing non -conforming uses within a planned FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 development, is approved. 4. Commercial Lots: No building elevations were submitted for the proposed commercial buildings on Lots 28, 31, 32, 34 and 36, Block 23. As stated in the Annexation Requirements above, all of these lots shall be processed only under CUP applications. 5. Applicant shall note that, as depicted on the CUP Site Plan, Commercial Lots 36 and 28 do not reflect the minimum number of required parking stalls to operate at 100% retail occupancy. Also, several of the office and commercial lots are below the required number of ADA stalls, have parking rows split between different lots and have drive aisles below the minimum 25-foot width. These issues can be resolved at the time of CUP or Certificate of Zoning Compliance. 6. Office Lots: Sample photos/elevations of the office buildings were submitted with the application. The Applicant has stated on the face of the PUD Site Plan that a detailed CUP application shall be required for the development of each lot. However, since parking, trash enclosures, landscaping and elevations were all submitted for the office lots, the Planning and Zoning Commission and City Council do not feel the office lots would require CUP applications for each lot. The office lots shall be allowed to be processed under a Certificate of Zoning Compliance process only, subject to Ordinance 12-6-6.17, which allows minor changes up to 10% flexibility. 7. Townhouse Lots: Sample photos/elevations of the townhomes were submitted with the application. The Applicant has stated on the face of the PUD Site Plan that a detailed CUP application shall be required for the development of these townhome lots. However, since a Final Plat application shall be submitted for this phase (shown as Phase #7) and detailed landscaping and fencing plans shall be required at that time, The Planning and Zoning Commission and City Council do not feel these lots would require a CUP application. Any tri-plex units would, however, require a CUP application. 8. Pathway The Comprehensive Plan, policy 4.1, pg. 56, of the Transportation Chapter, designates Five Mile Creek as a multiple use pathway. Any pathway along Five Mile Creek shall require Bureau of Reclamation (BOR) and NMID approval. Since BOR owns the Five FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 Mile right-of-way in fee simple and the future pathway location shall be off -site from this subdivision (i.e., there is no easement involved), the Applicant shall address this pathway issue. Applicant is to coordinate all public pathway improvements with the Meridian Parks SL Recreation Department. The Applicant shall also address if the developer intends to dedicate any pathways within Bridgetower Crossing to the City of Meridian in the future and/or which shall be owned and maintained by the Homeowner's Association. Since the pathway adjacent to the White Drain stubs to both Ten Mile Road and the eastern boundary of the subdivision, This segment of the pathway shall be considered a public pathway and part of the City's master pathway plan. The Applicant shall also address this issue with the Parks & Recreation Department. 9. The traffic study prepared by Washington Group states the three (3) Residential Collectors proposed are adequate and no new Collector up to McMillan Road is necessary. However, agreement that some public street connection to McMillan Road is not necessary at all has not been decided. During the Pre -Application meeting on this project, staff recommended that the local road shown in Phase 14, Block 20, be extended to connect with McMillan. At build -out, this subdivision shall have a full mile of frontage along McMillan Road (except for the 310 feet of frontage the enclave parcels have that are not a part of Bridgetower Crossing). If constructed as proposed in the CUP/PUD concept plan, there shall be no vehicular access into or out of the subdivision from McMillan Road except for N. Desertbreeze Avenue, the cul-de-sac that serves the 59 townhouse lots. Future development on the north side of McMillan Road, both commercial and residential, shall certainly provide a destination point for some Bridgetower Crossing residents. As designed, all trips with a destination to the north side of McMillan will be forced to use either Ten Mile or Linder Roads, adding unnecessary traffic to these 4-way intersections. All parent, school activity or other trips to the elementary school site from the west and north shall be forced to access the school (as proposed in the CUP/PUD concept plan) through the subdivision. 10. A standard local street (50 feet right-of-way) connection to McMillan Road shall be added adjacent to or near the western boundary of the school site. It would not be designed to a Collector standard and could incorporate bends or other traffic calming devices to minimize any potential cut -through traffic. The Planning and Zoning Commission and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 City Council cannot support the CUP/PUD concept without some vehicular connection made to McMillan Road. At a minimum, a ped/bike connection to McMillan shall be added. This issue pertains only to the CUP/PUD application since it is outside the boundaries of the proposed Preliminary Plat. Therefore, only the CUP/PUD Site Plan shall be amended - not the Preliminary Plat.] 11. No subdivision sign details or renderings were submitted. Detailed signage plans shall be subject to design review and separate permits. 12. Note that special attention shall be paid on the Landscape Plan to ensure the 40' x 40' clear vision triangles are preserved at the intersections of all roadways. The preliminary plan currently shows some trees within these areas. 13. Ordinance 12-6-7.1) requires that all planned developments provide underground utilities throughout the entire project site. 14. Applicant shall provide elevations of the proposed clubhouse for review and approval. 15. The Applicant shall contact the Meridian Historical Society regarding placement of historic signage of the cemetery and graves on Lot 48, Block 26 and/or other historic educational information. 16. Conditions outlined in AZ-01-003 and PP-01-005 shall also apply. 17. The Applicant shall be responsible to pay any extraordinary impact fees ACHD shall apply to this areas in order to accommodate new roadway improvements. Adopt the Recommendations of the Central District Health Department as follows: 18. 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. 19. Run-off is not to create a mosquito breeding problem. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 20. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project shall obtain current best management practices for storm water disposal and design a storm water managmenet system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 20.1 State of Idaho Catalog of Stormwater Best Management Practices For Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 20.2 Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, January 1997. Adopt the Recommendations of the Meridian Fire Department as follows: 21. Office and commercial lots shall meet all codes for sprinkler systems and hydrants for their location. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 22. The District's Creason Lateral and Five Mile Drain courses through a portion of the proposed project. The easements of theses facilities shall be protected and any encroachment without written approval are unaccepatable. Additionally, the Applicant shall comply with the requirements from the City Council's action taken at their Tuesday, July 3, 2001 meeting as follows: 23. At such time as Owner/Developer proposes a development for that portion annexed herein, which is not yet subject to a specific application for development, Owner/Developer shall make reasonable accommodation of the concerns expressed by Mr. Brian English regarding placement of access onto the property from Linder Road in such a way as to minimize headlight glare from vehicles leaving the property and shining onto the English residence at 4650 North Linder FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 Road, Meridian, Idaho. 13. The proposed uses within the subject application will not be harmonious with and in accordance with the Meridian Comprehensive Plan and the City of Meridian Zoning and Development Ordinance, however, the Plan is currently under review and this area is being considered for some commercial designation, which then would be harmonious because: 13.1 The subject property is designated on the "Generalized Land Use Map" as "Single -Family Residential and Commerical/Mixed Use". 14. The uses proposed within the subject application subject to the conditions herein ordered will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or intended character of the general vicinity and that such uses will not change the intended essential character of the same area. 15. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 16. The uses proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. 17. The uses proposed within the subject application will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 CENTRAL DISTRICT CA-WeDHEALTHEPARTMENT Rezone # Conditional Use # M!' ,AL DISTRICT HEALTH U._'ARTMENT Environmental Health Divisi9n Preliminary / Final / Short Plat ❑r Return to: ❑ Boise ❑ Eagle ❑ Garden City A@Uridian ❑ Kuna ❑ ACZ ❑ Star ❑ 1. We have No Objections to this Proposal. 1 V L' V L' 1 V L' L ❑ 2. We recommend Denial of this Proposal. MAR - 1 2001 ❑ 3. Specific knowledge as to the exact t CITY OF MERIDIAN type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ waste flow characteristics ❑ or bedrock from original grade ❑ other ❑ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and � , water availability. / 118. After written approval from appropriate entities are submitted, we can a rov ❑ central sewage ❑ community sewage system p0 commis unitypwater well ❑ interim sewage ❑ central water f ❑ individual sewage ❑ individual water *9. The following plan(s) must be submitted to and approved b the I Division of Environmental Quality: Y Idaho Department of Health &Welfare, ❑ central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines ❑ central water 10. Run-off is not to create a mosquito breeding problem. ❑ 11. This Department would recommend deferral until high seasonal ground water can be determined if o considerations indicate approval. they ❑ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho Sewage Regulations. State ❑ 13. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimmin 9 pools or spas ❑child care center ❑ beverage establishment ❑ grocery store *14. Date: Reviewed By: Review Sheet CIR CENTRAL DISTRICT HEALTH DEPARTMENT MAIN OFFICE • 707 N. ARMSTRONG PL. - 801SE. ID83704-0825 - (208) 375-5211 -FAX 327-8500 To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment, STORM WATER MANAGEMENT RECOMMENDATIONS It is recommended that storm water be pre-treated through a grassy swale prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for storm water disposal and design a storm water management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: State of Idaho Catalog of Stormwater Best Management Practices For Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. Stormwater Best Management Practices Guidebook Prepared by City of Boise Public Works Department, January 1997. t3 Ada / oise County Office Serving Valley, Elmore, Boise, and Ada Counties 707 N. Armsrong PI. Boise. I Ada -WIC Satellite Office 1606 Robert St. Boise, Elmore County office 520 E. 8th Street N. Valley County office Health: Fcmil . anni: 327499 Family Planning: Immun¢otions: - 35505 Ph. 334-3355 FAX: 334-3355 Mountain Home, Ip 83647 Enviro. Health: 587-922$ 703 N. Ist Street P.O. Box 1448 27.7450 Senior Nutrition: 327-7460 Family Health: 587-4407 McCall, ID. 83638 WIC: FAX: 327-857-8500 0 WIC: 587-4409 FAX: 587-3521 Ph. 634-7194 FAX: 634-2174 September 15, 2000 MERIDIAN CITY COUNCIL MEETING September 19, 2000 CUP 00-043 APPLICANT Primeland Development Co., LLP REQUEST FindingsITEM NO. R - Request for CUP to construct a PUD consistin of 106 buildable lots for proposed Bridgetower Subdivision - n/o Ustick and e Mile Road /• Ten 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: SEWER DEPARTMENT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: COMMENTS See attached Findings Date: Phone: Materials presented at public meetings shall become Proper ty of the City of Meridian.