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Bridgetower AZ 01-003CITY CLERK FILE CHECKLIST Project Name: Bridgetower Crossing Subdivision File No. AZ O l -003 Contact Name: F ` t Phone: 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: February 16, 2001 Hearing Date: March 15, 2001 February 20, 2001 9-Mar-01 and 23-Feb-01 Planning and Zoning Commission Recommendation: Notes: Deadline for certifieds City Council Level: ❑ Transmittals to agencies and others: ❑ Notice to newspaper with publish dates: ❑ Certifieds to property owners: Approve ❑ Deny Hearing Date: ❑ City Council Action: ❑ Approve ❑ Deny ❑ Findings / Conclusions / Order received from attorney on: Findings / Conclusions / Order: Res IGWyWY CC art Mnubbook Qiprd ' ❑ Approved by Council: SPY Free f ti, E Cert city Ckak C4 r ❑ Co ies Disbursed: p Cdy Adaney �Pr.) °F'""` F'mJect Ftle ❑ Findings Recorded D." C i, �" �'°"gi"'� Ada Carty (CPAs) Appicrrt (ron-CPAs) Development Agreement: R,, `°°r°"—k dlglnsl'. MnubEook ❑ Sent for signatures: copes b. city CW $�k° Teeseer, / bb. Asse!eor s"reo� ❑ Signed by all parties: `'"A'"11eY City Ergneer City Pbrsex ❑ Approved by Council: APp ",t(° iwrd (d sPW.) 3." C� ❑ Recorded: Fk"°k°"Ofdee Cngrml'. M�k Copiesb: APpkrent ❑ Copies Disbursed: C"°ily Ergirq neer City F'lannar Ordinance No. Resolution No. DDelerk •• •• Reeord Va ion Ftr qs ❑ Approved by Council: Recorded De ebPnenl Agreements: Ong ai Firep oo R. Ca0-b.AppkcerM1 ❑ Recorded: Deadline: 10 days City Ertfile — City Plvxer ❑ Published in newspaper: CityAtbrts:Y ❑ Copies Disbursed: Notes: HUB OF TREASURE VALLEY `••r LEGAL DEPARTMENT MAYOR T A Good Place to Live (208) 288-2499 - Fax 288-2501 Robert D. Corrie CITY OF MERIDIAN PUBLIC WORKS CITY COUNCIL MEMBERS 33 EAST IDAHO BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 Ron Anderson MERIDIAN, IDAHO 83642 Keith Bird (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING DEPARTMENT Tammy deWeerd City Clerk Office Fax (208) 888-4218 (208) 884-5533 •Fax 888-6854 Cherie McCandless 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.: e7 nl-nn� March 15, 2001 Request: Annexation and Zoning of 371.42 acres in proposed K-4 ana u-tj zones Tvr proposed Bridgetower Crossing Subdivision By: Primeland Development Co., LLC Location of Property or Project: 2420 Ustick 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 Your Concise Remarks: Fire Department Police Department City Attorney City Engineer City Planner Parks Department (Residential Applications only) Gen - 26 PPIFPIPFP - 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 APPLICATION FOR ANNEXATION (BRIDGETOWER CROSSING SUBDIVISION) d. The subject property lies in the pathway of the proposed White Drain sewer trunk line extension area. The vicinity of this project is designated as a priority development area. With extension of the sewer trunk, it is in the best interest of the City that the property be annexed and zoned according to the Meridian Comprehensive Plan Map. 6. Statement of necessity and desirability of the development: a. The proposed project is being processed under a new Planned Development Ordinance which provides the City with maximum control over all integral aspects of the project. b. The proposed overall density of the project is low compared to standard residential development. The density is 2.25 dwelling units per acre. c. We believe the mixed use of the project will provide a balanced development with essential neighborhood services and recreation. d. The project will provide active and passive recreational opportunities for the residents. The amenities include: pathways, waterways, recreational center with clubhouse & swimming pool, extensive network of collectors with landscaping & meandering sidewalks. e. The project will benefit the surrounding area by providing amenities Eke the pathways which benefit the community as a whole and aesthetic beauty of the project. f. The commercial and office area will provide essential services which will benefit the existing residents. The community will also benefit from the extensive planning which considers the long range needs (essential public services, schools, recreation, private services and transportation). 7. The proposed annexation request is in harmony with the Meridian Comprehensive Plan. The zoning request supports the City's policy of growth management and promoting high quality development. The development will improve the character and quality of the City and enhance the City's identity as a self-sufficient community, providing housing and essential services necessary to support the area. Page 2 APPLICATION FOR ANNEXATION (BRIDGETOWER CROSSING SUBDIVISION) We believe the proposal is an example of compatible and efficient use of land. We have utilized innovative and functional site design as our major goal in the design of the development. Sections of the Meridian Comprehensive Plan which apply to the proposed application: GOALS: a. Goal 4: To provide housing opportunities for all economic groups within the community. b. Goal 8: To establish compatible and efficient use of land through the use of innovative and functional site design. ECONOMIC DEVELOPMENT CHAPTER: a. 1.1: The City of Meridian shall make every effort to create a positive atmosphere that encourages... commercial enterprise to locate in Meridian. LAND USE CHAPTER: a. 1.4U: Encourage new development which reinforces the City's present development pattern of higher density development within the Old Town area and lower density development in outlying areas. b. 1.8U: Promote the development of high quality and environmentally compatible residential areas that contain the necessary parks, schools and commercial facilities to maintain and form identifiable neighborhoods. c. 2.1U: Support a variety of residential categories for the purpose of providing the City with a range of affordable housing opportunities. d. 2.2U: Support strategies for the development of neighborhood parks within all residential areas. TRANSPORTATION CHAPTER: a. 1.20U: Encourage proper design of residential neighborhoods to ensure their safety and tranquillity. Page 3 LEGAL DESCRIPTION FOR PHASE 2 ANNEXATION BRIDGETOWER CROSSING SUBDIVISION February 6, 2001 A parcel of land located in Sections 25, 26, 35 and 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the southeast corner of the W'/2 (South % corner) of Section 35, Township 4 North, Range 1 West, Boise Meridian; thence N 00026'55" E 1566.64 feet along the east line of said W'/2 to the REAL POINT OF BEGINNING of this description; Thence continuing N 00026'55" E 2067.95 feet along the east line of said W'/z to a point on the centerline of the White Drain; Along the centerline of the White Drain the following: Thence N 72°59'50" W 203.38 feet to a point; Thence N 75°41'16" W 176.89 feet to a point; Thence N 75°02'48" W 161.23 feet to a point; Thence N 75'56'15" W 148.03 feet to a point; Thence N 42°37'42" W 130.04 feet to a point; Thence N 40018" 3" W 112.51 feet to a point; Thence N 40'13'00" W 114.50 feet to a point; Leaving said centerline: Thence N 02°46'51" E 741.38 feet to a point; Thence N 87013'09" W 133.08 feet to a point; Thence N 02°46'51" E 473.58 feet to a point on the northerly right-of-way of McMillan Road; Along said northerly right -of -way. - Thence S 88°58'19" E 987.24 feet to a point; Thence S 89028'07" E 2650.34 feet to a point on the east right-of-way of Linder Road; Leaving said northerly right-of-way: Thence S 00°15'17" W 1342.47 feet along said east right-of-way to a point; Thence N 89'19'30" W 1340.02 feet to the southwest corner of the NE 1/4 of the NE'/4 of said Section 35; 0805/0805.annex. ph2.des. doc Thence S 00°21'07" W 1314.10 feet to the southeast corner of the SW'/4 of the NE %4; Thence S 00021'10" W 1319.36 feet to the southeast corner of the NW %4 of the SE %4; Thence S 89012'38" E 165.53 feet to a point on the north line of the SE '/4 of the SE '/4; Thence S 00026'55" W 677.86 feet to a point; Thence N 89033'05" W 69.15 feet to a point; Thence N 75°05'55" W 501.97 feet to a point; Thence N 48°5l'22" W 23.06 feet to a point; Thence N 50025'12" W 784.17 feet to a point; Thence N 26024'21" W 65.90 feet to a point; Thence N 00026'55" E 21.92 feet to a point; Thence N 39022'16" W 282.38 feet to a point; Thence N 89013'05" W 93.37 feet to the REAL POINT OF BEGINNING of this description, said parcel comprising 204.42 acres, more or less. Michael E. Marks, PLS 4998 Meridian Public Works Dept. 0805/0805.annex. ph2.des. doc LEGAL DESCRIPTION FOR ANNEXATION BRIDGETOWER CROSSING SUBDIVISION January 9, 2001 Parcels of land located in Section 35, the NE % of Section 34, the SE % of Section 27, and the SW '/4 of Section 26, Township 4 North, Range 1 West; and the NE'/4 of Section 2, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: PARCELI A parcel of land located in the SE'/4 of Section 35, Township 4 North, Range 1 West; and the NE % of Section 2, Township 3 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 S 89014'22" E 660.60 feet along the south line of said SE'/4 to a point on the existing Meridian City Limits boundary, the REAL POINT OF BEGINNING of this description; Along the existing Meridian City Limits boundary the following: Thence N 00°45'38" E 65.00 feet to a point; Thence N 31 000'00" W 154.95 feet to a point; Thence N 53000'00" W 110.00 feet to a point; Thence N 37000'00" E 50.00 feet to a point; Thence S 53000'00" E 102.00 feet to a point; Thence N 37000'00" E 100.84 feet to a point; Thence N 29000'00" E 173.61 feet to a point; Thence N 35100'00" E 140.55 feet to a point; Thence N 25017'47" E 204.78 feet to a point; Leaving the existing Meridian City Limits boundary: Thence S 48051'22" E 23.06 feet to a point; Thence S 75005'55" E 501.97 feet to a point; Thence S 89033'05" E 69.15 feet to a point; Thence S 00°26'55" W 666.38 feet to a point on the south right-of-way of Ustick Road; Thence N 89014'22" W 824.53 feet along said south right-of-way to a point on the existing Meridian City Limits boundary; 0805/0805.annex. des. doe Thence N 00045'38" E 25.00 feet along the existing Meridian City Limits boundary to the REAL POINT OF BEGINNING of this description, said parcel comprising 13.12 acres, more or less. PARCELII A parcel of land located in the W %2 of Section 35, the SW % of Section 26, the SE % of Section 27, and the NE % of Section 34, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the southeast corner of the W % (South % comer) of Section 35, Township 4 North, Range 1 West, Boise Meridian; thence N 00026'55" E 1566.64 feet along the east line of said W'/2 to a point on the existing Meridian City Limits boundary, the REAL POINT OF BEGINNING of this description; Along the existing Meridian City Limits boundary the following: Thence N 89°13'05" W 182.95 feet to a point; Thence S 00026'55" W 237.28 feet to a point; Thence S 88000'00" W 16.57 feet to a point of curvature; Thence along a curve to the right 20.69 feet, said curve having a radius of 20.00 feet, a delta angle of 59015'59", tangents of 11.38 feet, and a long chord bearing N 62022'01" W 19.78 feet to a point; Thence N 89°13'05" W 52.47 feet to a point; Thence S 10°50'08" E 30.61 feet to a point; Thence N 89'13'09" W 394.74 feet to a point; Leaving the existing Meridian City Limits boundary: Thence N 00°33'35" E 1332.93 feet to a point on the south line of the NW '/4 of said Section 35; Thence N 89010'54" W 1992.21 feet along said south line to a point on the west right-of-way of Ten Mile Road; Along said west right-of-way: Thence N 00053'19" E 2631.15 feet to a point on the north line of the NE'/4 of Section 34, Township 4 North, Range 1 West, Boise Meridian; Thence N 00°21'49" E 848.00 feet to a point; Leaving said west right-of-way: Thence S 88058'19" E 880.00 feet to a point; Thence S 00021'49" W 873.00 feet to a point on the south right-of-way of McMillan Road; Thence S 88058'19" E 446.27 feet along said south right-of-way to a point; 0805/0805.annex.des.doc Thence S 00°40'08" W 1027.74 feet to a point; Thence S 73'15'55" E 356.10 feet to a point; Thence S 42°32'55" E 86.96 feet to a point; Thence N 02046'51" E 18.66 feet to a point on the centerline of the White Drain; Along said centerline the following: Thence S 40'13'00" E 114.50 feet to a point; Thence S 40018'13" E 112.51 feet to a point; Thence S 42037'42" E 130.04 feet to a point; Thence S 75056'15" E 148.03 feet to a point; Thence S 75002'48" E 161.23 feet to a point; Thence S 75041'16" E 176.89 feet to a point; Thence S 72059'50" E 203.38 feet to a point on the east line of the W'/2 of said Section 35; Leaving said centerline: Thence S 00026'55" W 2067.95 feet along said east line to the REAL POINT OF BEGINNING of this description, said parcel comprising 153.88 acres, more or less. Combined area Parcels I and II comprises 167.00 acres, more or less. LAND Michael E. Marks, PLS 4998 yU"4 I pl 2. o � �4 I jo A r. Meridian Public Works Dept. 0805/0805.annex.des. doc LEGAL DESCRIPTION FOR C-G ZONE ANNEXATION BRIDGETOWER CROSSING SUBDIVISION January 9, 2001 A parcel of land located in the NW'/4 of Section 35, the NE'/4 of Section 34, the SE'/4 of Section 27, and the SW '/4 of Section 26, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northwest corner of the NW'/4 of Section 35, Township 4 North, Range 1 West, Boise Meridian; thence N 88058'19" W 25.00 feet to a point on the west right-of-way of Ten Mile Road, the REAL POINT OF BEGINNING of this description; Thence N 00°21'49" E 848.00 feet along said west right-of-way to a point, Thence S 88°58'19" E 880.00 feet to a point, Thence S 00021'49" W 848.00 feet to a point on the north line of the NW '/4 of said Section 35; Thence N 88058'19" W 115.28 feet along said north line to a point; Thence S 01 °00'00" W 513.43 feet to a point; Thence N 88058'19" W 320.68 feet to a point; Thence S 00'53'19" W 156.05 feet to a point; Thence N 89006'41" W 443.04 feet to a point on the west right-of-way of Ten Mile Road; Thence N 00'53'19" E 670.56 feet along said west right-of-way to the REAL POINT OF BEGINNING of this description, said parcel comprising 27.73 acres, more or less. LAND Michael E. Marks, PLS 4998 awe Vl AEU B. Meridian Works Public t 0805/0805. cg. des. doc AUG-�U-?flU0 10: �7 BF. I GGE Ei�G 1 I JEEP I HG, 11AC . i?�38� :E= 9cU P. �31 u STATE OF !DAHO COUNT`( OF ADA AFFIDAVIT OF LEGAL INTEREST t 3-;a3r1p 1 (address first duly sworn upon oath, depose and say - That I am the record owner and/or representative of the property described on the attached, and l grant my permission to _ �,?.r �-t E Lsf-�%D �il/�LD' %J•�-r ANT _� 1- L L P to sign and submit the accompanying application pertaining to that property Z. I 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 appiication. Dated this > day ofaa1 (Signature) SUBSCRIBED A501W 1C t to before me the day and year first above written. pRD ono wooeo00 s %OTA�, fir oom �cta� ublic fo ho ReV ing at piFBLICQCo mission Expires: •'�. �.¢ coon°°° �'.O�o OF '�DOOODOO10 Got � „T.=FIDAVIT OF LEGAL INTEREST — STATE OF IDAHO ) ss COUNTY OF ADA ) Name 6,-Po Gc.-774-c- .4 Address being first duly sworn upon (city) (state) oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to p�A..?e 4 -Alb DE✓mac v Pf-rf�lT �'o. 1.�P ��/ �: 0 (name) (address) J(� e , 7 V- /55,03744s 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 �. iE. i'A i SUBSCRIBED AND SWORN to bef�jee me the day and year first above written. ®•� p• a u�iaq� •••• P i. 5 0 j s #% : C4 o ( N a .P U pp U L l� Pam i��9gID f`m �0 tea O� a yr rA'• ftAR O” 1� V r'�J�2?•Syst�'9. Not Public fl Lldahc Residing at My Commission Expires:4 =FIDAVIT OF LEGAL INTEREST STATE OF IDAHO COUNTY OF ADA I 14"1 b 1k7J (city) ss 0 ame Address r44V F3OY-2- , 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 ��M��D DE✓E c.oP�t��l T �., mac, P !!!/ e!'. o�-��, (name) (address) 4�4.,rlr /7 �;, £, :Vv, f370.157 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. 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OTOH O.L QNY HAVH oL 062960001 a1 :h W RONU08Z �A1nd30_'" 33d HVAV 'asTaa O� (// oaavnvr+nTnvo r aaoa0o3a ALNnoa ra: d01S3nVV - MOOR ..- BULL aMOA = - :1Tm-Dl 'earmwd PagflOpP BuTn,opa; om _ 1 _.. hOLEB- PI 'eeTOg `aTOZFD o;u4s:oS hOU ��(p� sT SWIM 317IJW os0gnm'991=0 R 01 pUplel raM" a1IA Doe P-WOq'SM9fi A3'ITIIf{S p" SMHfl'TH omn ,turn pas 'Tpe 'upUq 'm48 kpnq pop 14_0 sa o1 p;_,_ aiioo?alaq 'Q.L'I ONYi DNLTOA Sv NMONJI OS'Tv 'dIHST13DLLTIvd Q-d.um l Y 'O.Li'SQNv'I ONLIOA POAWOaTI enpA 10d QzgQ AJNVIWM OOL99EE (80Z) oQogdop,L 19E8S40LE8 OqM .asj0$ Haag$ qMS vat IZB A.wnoo vav do ANVdW03 HULL HaNOId "14003 --ld v r, s 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 00010/49/1 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 89048137/1 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 43010139/1 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. EXHIBIT "A" A parcel of land being a portion of the Southwest Quarter of the Southwest Quarter Weheast Quarter of Section 35, st, Boise Ada County, Idaho, andmore ship particularly 4 North, Rangangdescribed Boisescribed as follows: Beginning at a brass cap marking the Southwest corner of the said Southwest Quarter of the alsosouthwest pointQuarter beingfthethe REALtPOINT Quarter of Section 35, A OF BEGINNING; thence ng North 0026'49" East 488-000tfee 1 the So thwest Westerlyhe f Quart r boundary fthe said Southwest Q of thence Southeast Quarter of Section 35 to an iron Pine Northerly of and South 89°14'41" East 600.00 feet along parallel with the Southerly boundary of the said Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 35 to an iron pin; thence line South 0°26'49y of and " W h the 8sa d Westerlyn parallel with boundary of a the lsouthwest Quarter 3 the iron s Quarter on the osa dthe southerlysoutheast boundary of Quarter of Section 35 to ann pin the Southwest Quarter of the thence est Quarter of the Southeast Quarter of Section 35; North 8901414111 eSthw 600 uarteroo t along of thehe said southwest southerlyboundary f dthe of the South which is also the centerline Southeast Quarter of Section 35, of Ustick Road, to the POINT OF BEGINNING. EXCEPTING THEREFROM: A strip of land in the South half of the BsoStheast an rter and on Section 35, Township 4 North, Range 1 West, the North Half of the Northeast Quarter of Section 2, Township 3 North, Range 1 West, Boise Meridian, for right of way p p along Five Mile Drain, Boise Project, Idaho, more particularly described as follows: Beginning at a point on the North and South quarter section line 103.3 feet, North 00026' West of the South Quarter corner of Section 35, Township 4 North, Range 1 West, Boise Meridian; thence North 00026' West 152.0 feet along the North and South Quarter section line; thence South 63006' East 423.7 feet; thence South 89052' East 1,109.0 feet; thence South 00037' East 90.0 feet; thence North 89052' West 1,231.5 feet; thence North 63006' West 286.00 feet to a POINT OF BEGINNING. ALSO EXCEPTING THEREFROM any portion of said property lying within 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 88000100" 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 75020100" 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. PAS 2 THENCE NORTH 0 DEGREE 33'35" EAST 1,307.93 FEET TO THE NOR)HWEST CORNER OF SAID EAST HALF; THENCE SOUTH 89 DEGREES 10'54" EAST 325.74 FEET ALONG THE NORTH LINE OF SAID EAST HALF TO A POINT; THENCE SOUTH 0 DEQAEES 26'55" WEST 660.00 FEET TO A POINT; THENCE SOUTH 89 DEGREES 10'54" EAST 330.00 FEET TO A POINT ON THE EAST LINE OF SAID EAST HALF; THENCE SOUTH 0 DEGREE 26'55" WEST 413.38 FEET ALONG THE EAST LINE OF SAID EAST HALF TO A POINT; THENCE NORTH 89 DEGREES 13'05' WEST 182.95 FEET TO A POINT; THENCE SOUTH 0 DEGREE 26'55" WEST 229.15 FEET TO A POINT; THENCE SOUTH 89 DEGREES 13'05' EAST 182.95 FEET TO A POINT dN THE EAST LINE OF SAID EAST HALF; OF THENCE SOUTH 0 DEGREES 26155" WEST 4.96 ALONG SAID LINE TO THE REAL. POINT BEGINNING OF THIS DESCRIPTION. END OF LEGAL DESCRIPTION BRIDGETOWER CROSSING SUBDIVISION (AZ) PROPERTY OWNERS WITHIN 300' JANICEK BRADLEY J JANICEK LOUANN 5606 N TEN MILE RD MERIDIAN ID 83642-5106 N TEN MILE RD JOHNSON MICHAEL L & JOHNSON LISA 5745 N TEN MILE RD MERIDIAN ID 83642-5107 BEWS E L BEWS SHIRLEY G 5204 N SORRENTO CIR BOISE ID 83704-2347 N BLACK CAT RD 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 PATEL NI, MD INC PROFIT SHARING PLAN RAY SANJAY MD INC MONEY PURCHASE & TRUST 3020 STONEGATE DR ALAMO CA 94507-1760 5975 N LINDER RD GOLDSMITH MARTY 4550 W STATE ST BOISE ID 83703-0000 N TEN MILE RD 5606 N TEN MILE RD GIBSON DANIEL G JR GIBSON CAROLYN A 19500 HIGHWAY 2026 CALDWELL ID 83605-8770 W MCMILLAN RD 2780 W MCMILLAN RD SETTLERS IRRIGATION DIST PO BOX 7571 BOISE ID 83707-1571 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 1Z 4315 N TEN MILE RD ^2 �p MERIDIAN ID 83642-5401 K 4375 N TEN MILE RD O RUDD ELIZABETH A h 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 ea k-11, pt J MERIDIAN ID 83642-5475 HART DONALD G & HART DORIS M e /,!N., 4015 N TEN MILE RD Al d MERIDIAN ID 83642-5475 - j Vn 0 A- NIL - ANDERSON THOMAS S & fio., rp � ANDERSON LORETTA L 2795 W MCMILLAN RD A l)/7 i C/h-- MERIDIAN ID 83642-5156 ' Vde, _,4,0Q d.' . RUPP DALE LdGr/ RUPP DOROTHY J- HC 11 BOX 9B �tTZ�ei KAMIAH ID 83536-9401 W MCMILLAN RD RUPP GARY BRENT CIO RUPP TYNAGH f 2695 W MCMILLAN MERIDIAN ID 83642-0000 r W MCMILLAN RD 2695 W MCMILLAN RD V i KELSO DONALD H & KELSO BONNIE M 2745 MCMILLAN MERIDIAN ID 83642-0000 YOUNG LANDS LTD 2420 W USTICK RD MERIDIAN ID 83642-5428 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 YOUNG LANDS LTD 2420 W USTICK RD MERIDIAN ID 83642-5428 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 WATSON WARREN A SR 1680 W USTICK RD MERIDIAN ID 83642-5481 ASCHENBRENNER JAMES J 2515 W USTICK RD MERIDIAN ID 83642-5482 TUMBLE CREEK HOME OWNERS ASSOC 641 W FRANKLIN RD MERIDIAN ID 83642-0000 W USTICK RD N MARBURG AVE N GLENNFIELD WAY WESTROCK HOMES INC 4643 E BOWMONT ST MERIDIAN ID 83642-0000 W USTICK RD GRITZMACHER THOMAS J & GRITZMACHER PEGGY L 2344 W PEBBLESTONE ST MERIDIAN ID 83642-0000 DUE ROGELIO 2320 W PEBBLESTONE ST MERIDIAN ID 83642-0000 MITCHELL EILEEN M 2298 W PEBBLESTONE ST MERIDIAN ID 83642-0000 COLLINS JENNIFER 2260 W PEBBLESTONE ST MERIDIAN ID 83642-0000 PUGMIRE NATHAN D UNKNOWN ADDRESS ID 00000-0000 2234 W PEBBLESTONE ST BARNHART RYAN J BARNHART SARAH M 2212 PEBBLESTONE MERIDIAN ID 83642-0000 MOORHOUSE AARON & MOORHOUSE CRYSTAL 2180 W PEBBLESTONE ST MERIDIAN ID 83642-0000 CASH RONALD L 2156 W PEBBLESTONE ST MERIDIAN ID 83642-1399 WALTERS J SCOTT & WALTERS NOELLE K 2128 W PEBBLESTONE ST MERIDIAN ID 83642-0000 CHANDLER AARON J & CHANDLER SARA E 2110 W PEBBLESTONE ST MERIDIAN ID 83642-0000 LEHMAN ROBERT J & LEHMAN JANA L 2066 PEBBLESTONE ST MERIDIAN ID 83642-0000 LLOYD GEORGE E 2042 W PEBBLESTONE ST MERIDIAN ID 83642-0000 MACHADO DAVID A AND EARL ANGELA K 2020 W PEBBLESTONE ST MERIDIAN ID 83642-0000 HOWARD FRANK R & HOWARD MARCIA R 2000 W PEBBLESTONE ST MERIDIAN ID 83642-0000 BADE DANNY P BADE MELVA J 1988 W PEBBLESTONE ST MERIDIAN ID 83642-0000 YAGER BARRY L 1964 W PEBBLESTONE MERIDIAN ID 83642-0000 geucy Qowwt+ 11213 w• +Hcxory Dale $oik, ID 93113 27 M4�aft 26 neoPO]EC �. _ BN�OLCTONER SUBOMBgM I 9 . irr1"'� ®®■ ®®�■fir® !��eil ONES ! �♦ 1� ■S��® ®®se „'fir S® �0 MEN BRIDGETOWER CROSSING °61O°e do°eonNa Mc SUBDIVISION PROPOSEO ANNEXATION PHASES �06 uoa i wat,w oa • m o{a uro • pu;r.+ma >•C wG {Utl. 02/01/01 W8 I 0006-AWEY-P 1'� 300• il�. 4wYy, w- ry {.rYn Md. -" �. �� b��••w+ •w •. tea. AFFIDAVIT OF POSTING 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: I personally posted the subject property with the hearing notice sign one week prior to the public hearing for the annexation, planned development (CU) and preliminary plat of Bridgetower Crossing Subdivision �X jam' Dated this 1 L day of SUBSCRIBED AND SWORN to before me the day and year first above written. • - • • •. • Residing •��_ �� My Commission Expires: 0805\affid-posting 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. �UBL 0805\affid-accuracy :.% MKO.` otary Publi•. • Residing 7:50 i My Commission Expires: . UU 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 easements visible upon the premises, and that Grantor will warrant and defend the same from all claims whatsoever. Dated: March 29, 1999. Young Lands, LTD BY: jD .COUNTY RECORDER J. RUNTY f;AVARRO !;°913lR 30 PM 4: 10 Harm D. YoiAg, Pa ner vv B Y :�� Flora AnnYoung, Pa t er RECORDED -REQUEST or FJ P T A t FETE-�1- D 99030791 STATE OF IDAHO ) ss. COUNTY OF ADA ) On This � 914 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. c tittfttt r°° ary Pu lic of Idaho �.`�� .•• �%' °O Residing at Boise, ►D y P A Rom.• '•+ Commission expires: 7/25/99 • Z •40 — D v C? • A a Ua� J'P •��•..•• st American Title Company of Idaho P P � � t f 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 ':,rancor w:11 warrant and defend the same from all claims whatsoever. Dated: December 29, 1998. ADA COUNTY RECORDER t• LIVID 14AVARRO Brian C. Young • 07 ri Young STATE OF IDAHO ) ss. COUNTY OF ADA ) RECORDED -REQUEST OF FEE�DEPUT 41J_TS6_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. +,. t, • • a s ` i irr�/, ary Public of Idaho Residing at Boise, ID cz; ,.., ' Commission expires: 7/25/99 e i C) n u:'. J 1 First American Title Company of Idaho r/V `% 3032-0 COU"TY RECORDER ' "1 e �1 , J. PAYID NAVARRO FEE c r 19990C -4 F;; 4; 07 r��,r��/c eEPUiY WARRANTY DEED '" 9 9 0 9 8 3 2 8 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. 01-1�YI,2402 Dale L. Rupp Li' Dorothy Rupp I STATE OF IDAHO ) ss. COUNTY OF ADA ) On This day of October, in the year 11,M, 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. tar, Public of Idaho Residing at Boise ID Commission expires: 7/25/1999 O , O 000 0 " OF`+ 00881111 W'k First American Title Company of Idaho = �r Z .1 �_. - I I - .11 . r'. : : - o *,, , - ( 14_�) / O© FEECEFUT'( For Value Received 2000 AP - 4 11 11: 3 4WARRANTY DEED Betty L. Tully, a widow 100025307 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 h1AVE 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 cascments visible upon the premises, and that Grantor will warrant and defend the same from all claims whalsoevc.r. Dared: April 3, 2000. Bet-.ty L. lxuny STATE OF IDAHO ) ss. COUNTY OF AD%DA ) On 'Phis Qom,"_ 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 execye44,he same. }� �w r, L • • ,r otary Public of Idaho Residing at Boise, ID Commission expires: 7/25/2005 ti •..Jr V .� ir� �,' N 0 `��a°10 B L � G `' •' ; .o l %r <' °p0000c°' o r ' First American Title Company of Idaho EXHIBIT "All A tract of land situated in the Southeast Quarter of the Southwest Quarter of Section 35, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, described as follows: Beginning at the South quarter corner of Section 35, the REAL POINT OF BEGINNING; thence South 89049140" West along the South line of said Section 35 a distance of 688.00 feet; thence North 5008140" East a distance of 464.21 feet; thence South 63035140" East a distance of 720.45 feet to a point on the center quarter line; thence South 0026/001/ East a distance of 143.87 feet to the REAL POINT OF BEGINNING. LESS AND EXCEPTING the East 18 feet thereof. ALSO LESS AND EXCEPTING therefrom a narrow strip of land 30 feet wide along the North boundary of said above described parcel of land. ALSO LESS AND EXCEPTING therefrom a portion deeded to UNITED STATES OF AMERICA by Warranty Deed, recorded in Book 120 of Deeds at Page 49, records of Ada County, Idaho. ",~ .\ A 11 I. /f I :j10 WARRAMh r �I'ED For Value Received FIRST AME , tr2aDE_PUTY 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 BY: C�G:.vuC Clair Arvid Waite, Trustee BY: Sharolyn Ririe, rustee Lanette Pollard, Trustee 1 BY: IM 1 M 4 _1) Kaye W. Ga er, Trtjstee STATE OF IDAHO ss. COUNTY OF ADA ) On Thisc� 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 ?thnewithin Instrument as the Tru es of the Arvid A. Waite Trust, dated Aril 16, 1991, and acknowledged tt theX executed the a as chTrustee%%%,-( ,�p•opIV( tary Public of Idaho ,G Residing at Boise, ID Commission expires: 7/25/2005 t� \ ILo First American Title Company of Idah 0 ky_J RECOROM -REQUEST Of A-0WEEQ 99008521 t9S9 JP� C� 1 )) �• �j PIUf1Cer Company PIONEER TITLE COMPANY OF ADA COUNTY 8151 W. Rifleman Ave / Boise, Idaho 83704 / (208) 377-2700 WARRANTY DEED (INDIVIDUAL) PIONEER TITLE PAID BY AN ACCOMMODATOR PURSUANT TO AN IRC S1031 EXCHANGE, FOR VALUE RECEIVED / THE JAMES 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 GRANTEES HEREIN ASSUME AND AGREE TO PAY ACCORDIN TERMS AND CONDITIONS ACKNOWLEDGED BY: E. L. BEWS SHIRL G. BEWS TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee Sand Grantee hairs 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 J f E N. JAMES, AR_ L�VER�'E G. JAM), PARTNER J Y D JAME PARTNER STATE OF IDA;IO ADA County of ss. On this 2.kI L JANUARY �NA••4*-,P TORK , in the year of 1999 before me personalp , a notary public, 1Y�-Add IE N. JAMES LAVERNE G. JAMES AND LARRY D. JAMES known or jdenti vd.to be: 3 of the partners in a partnershi of JAMRR .�eraT�v T, TT-__ _____ ____ P, Iu&I- • — ..,..�,.Ln�nlr and thtap�e one instrum • .• �q partners �1•ho subscribed said partnership name to the foregoing �1• F Oneged to me that he execut tpe salve in said partnership ame. Residing at Merrdiau, 10 Notary Public-' ,rnniksinn F- " Residing at: MERIDIAN IDAHO COMMISSION EXPIRES: JANUARY 23, 2002 g T :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 SHIR:LEY G . BEWS , HUSBAND AND WIFE the Grantee s , whose current address is: 5204 SORRENTO CIRCLE, BOISE, ID 83,704 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. J. DA`'ID HA\'ARR BOISE, IDA110 I998 h0 19 PH 4" 02 RECORDED"FtEOUEST FEE �b OE.PUTY *000't� 98,11385 PIONEER 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 �1� JrMr,z) kAmiLY LIMITED PARTNERSHIP)-.4z V1 af STATE OF TnAHn , County of Ada , ss. On this _ 18th _ day of _. November Penny R. Combs _ , in the year of 1998 before me personally a —., a notary public P y appeared JIMMIE N. JAMES LAVERNE G. JAMES & LARRY JAMES }p�q� r identified to me to be all of the partners in a partnership, of JAMES FAMILY LIMITED ART HTP w.• arm; Or one of the partners wh sai rtners t m o foregoing an�, �rnv `�: cknowledged to me thhe executed t e same in said pa ership arne. = Notary Phbl" =x xjJ�° ob 4 '••�v?o, �� w y Residing at: Meridian, Idaho •••°••••.;;�...�5� My Commission Expires: 05/04/00 A Mori= company PIONEER 77TILE COMPANY CO 821 West State Street 1 Boise, OF 83 02UNTY58'36 1 Telephone (208) 336-6700 WARRANn7 DEED For Value Received YOUNQ LA'MS,LTD. A LIMITED PARTNERSHIP, ALSO KNOWN AS YOUNG LAND LTD. hm*ciaatter referred to as Grantor, does hereby grant, bargain, sell, and convey unto E.L. SEWS and SHMLEY BEWS, husband and wife hereinafter referred to as Grantee, whose Cent address is 5204 SoxxQato Circle, Boise, Id. ^83704 - the fallowing described premises, to -wit: ATTACHEDPIONEER TM-E 5E1;-E�{A2�IT' '"A"• ; .. .. RECORDED - REM' �;T CF nDr1 COUNTY RECQRDER Q1V .1. 0010 NAYARRQ FRISF.100-1) FEE DEPUTY? 2000NO29 Pik 4: I4 i 00096290 To HAVE AND TO HOLD the said premises, with their appurtm=ces unto the said Grantee, his betrs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is t71c owner is fee simple of said premises; that said premises Zr* fine from all encumbrances except current years fates, levies, and assessments, and except U.S. Patent reservations, restriedons, easements of record, and easements visible upon the premises, and that Grantor will WerM and defend the same from all claims whatsoever. Dated: November 28, XW. YOUNG LANDS,LTD. A LIMITED PARTNERSHIP — I f I - �I ' i, BY: HA.RR Vj :. STATE OF IDAHO } COUNTY OP ADA ss. } On This 28TH day of November, in the year 2000, before me, a Notary Public in ertd for said State, personalty append HARRY D. YOUNG AND FLORA ANN YOUNG, known or identified to tee to be the Part0ers in a Partnership of YOUNG LANDS LTD. and the partners who subsczibed said foregoing instrument, and aclmowiedged to me that they executedVl a same in said partnership name.. pamerhip Dame to the �,•° ��-1;,,•moe...o�03,� Net ry1'u rc Idaho ding rse. Idaho • �YRes Commission e tPires: AUG. 15, 2002 'Flags 111sav'so i � •j V � �,,, L � m� is •I� �•••/♦•O•••Oq � Qry'r READ AND APPROVED BY r.l "+ Cf;11hTY RECCRCE? RE_ ..iHD - KQU"S— Or FE OAP' ' 'V-�y Z001 NS -s Pa' It 1: 39 10 1 1 1 7 6 S 1 CITY OF MERIDIAN ORDINANCE NO. 01- ©` L .71 40 AN ORDINANCE FINDING THAT CERTAIN LAND TO BE KNOWN AS BRIDGETOWER CROSSING SUBDIVISION THE LOCATION OF WHICH LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED LOW DENSITY RESIDENTIAL DISTRICT (R-4) AND GENERAL RETAIL AND SERVICE COMMERCIAL DISTRICT (C-G); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to -wit: ANNEXATION AND ZONING ORDINANCE (AZ-01-003) - 1 LEGAL DESCRIPTION FOR PHASE 2 ANNEXATION BRIDGETOWER CROSSING SUBDIVISION (R-4) A parcel of land located in Sections 25, 26, 35 and 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the southeast corner of the W 1/2 (South 'A corner) of Section 35, Township 4 North, Range 1 West, Boise Meridian; thence N 00°26'55" E 1566.64 feet along the east line of said W 1/2 to the REAL POINT OF BEGINNING of this description; Thence continuing N 00°26'55" E 2067.95 feet along the east line of said W 1/2 to a point on the centerline of the White Drain; Along the centerline of the White Drain the following: Thence N 72°59'50" W 203.38 feet to a point; Thence N 75°41'16" W 17 6.8 9 feet to a point; Thence N 75°02'48" W 161.23 feet to a point; Thence N 75°56'15" W 148.03 feet to a point; Thence N 42°37'42" W 130.04 feet to a point; Thence N 40'18'13" W 112.51 feet to a point; Thence N 40'13'00" W 114.50 feet to a point; Leaving said centerline: Thence N 02°46'51 " E 741.38 feet to a point; Thence N 87°13'09" W 133.08 feet to a point; ANNEXATION AND ZONING ORDINANCE (AZ-01-003) - 2 Thence N 02°46'51 " E 473.58 feet to a point on the northerly right-of-way of McMillan Road; Along said northerly right-of-way: Thence S 88°58'19" E 98 7.2 4 feet to a point; Thence S 89°28'07" E 2650.34 feet to a point on the east right-of-way of Linder Road; Leaving said northerly right-of-way; Thence S 00'15'17" W 1342.47 feet along said east right-of-way to a point; Thence N 89°19'30" W 1340.02 feet to the southwest corner of the NE 1/4 of the NE 1/4 of said Section 35; Thence S 00°21'07" W 1314.10 feet to the southeast corner of the SW 1/4 of the NE 1/4; Thence S 00°21'10" W 1319.36 feet to the southeast corner of the NW 1/4 of the SE 1/4; Thence S 89°12'38" E 165.53 feet to a point on the north line of the SE 1/4 of the SE 1/4; Thence S 00°26'55" W 677.86 feet to a point; Thence N 89°33'05" W 69.15 feet to a point; Thence N 75°05'55" W 501.97 feet to a point; Thence N 48°51'22" W 23.06 feet to a point; Thence N 50°25'12" W 784.17 feet to a point; Thence N 26°24'21" W 65.90 feet to a point; Thence N 00°26'55" E 21.92 feet to a point; Thence N 39°22' 16" W 2 82.3 8 feet to a point; ANNEXATION AND ZONING ORDINANCE (AZ-01-003) - 3 Thence N 89'13'05" W 93.37 feet to the REAL POINT OF BEGINNING of this description, said parcel comprising 204.42 acres, more or less. LEGAL DESCRIPTION FOR ANNEXATION BRIDGETOWER CROSSING SUBDIVISION (R-4) Parcels of land located in Section 35, the NE '/4 of Section 34, the SE 1/4 of Section 27, and the SW '/4 of Section 26, Township 4 North, Range 1 West; and the NE 1/4 of Section 2, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: PARCEL 1 A parcel of land located in the SE '/4 of Section 35, Township 4 North, Range 1 West; and the NE '/4 of Section 2, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the southwest corner of the SE 'A (South 'A corner) of Section 35, Township 4 North, Range 1 West, Boise Meridian; thence S 89°14'22" E 660.60 feet along the south line of said SE 'A to a point on the existing Meridian City Limits boundary, the REAL POINT OF BEGINNING of this description; Along the existing Meridian City Limits boundary the following: Thence N 00°45'38" E 65.00 feet to a point; Thence N 31 °00'00" W 154.95 feet to a point; Thence N 53°00'00" W 110.00 feet to a point; Thence 3 7°00'00" E 50.00 feet to a point; Thence S 53°00'00" E 102.00 feet to a point; Thence N 37000'00" E 100.84 feet to a point; Thence N 29°00'00" E 173.61 feet to a point; ANNEXATION AND ZONING ORDINANCE (AZ-01-003) - 4 Thence N 35°00'00" E 140.55 feet to a point; Thence N 25'17'47" E 204.78 feet to a point; Leaving the existing Meridian City Limits boundary; Thence S 48°51'22" E 23.06 feet to a point; Thence S 75°05'55" E 501.97 feet to a point; Thence S 89°33'05" E 69.15 feet to a point; Thence S 00°26'55" W 666.38 feet to a point on the south right-of-way of Ustick Road; Thence N 89°14'22" W 824.53 feet along said south right-of-way to a point on the existing Meridian City Limits boundary; Thence N 00°45'38" E 25.00 feet along the existing Meridian City Limits boundary to the REAL POINT OF BEGINNING of this description, said parcel comprising 13.12 acres, more or less. PARCEL II A parcel of land located in the W '/z of Section 35, the SW '/4 of Section 26, the SE '/4 of Section 27, and the NE '/4 of Section 34, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the southeast corner of the W '/2 (South 'Acomer) of Section 35, Township 4 North, Range 1 West, Boise Meridian; thence N 00026'55" E 1566.64 feet along the east line of said W '/2 to a point on the existing Meridian City Limits boundary, the REAL POINT OF BEGINNING of this description; Along the existing Meridian City Limits boundary the following: Thence N 89°13'05" W 182.95 feet to a point; Thence S 00026'55" W 237.28 feet to a point; ANNEXATION AND ZONING ORDINANCE (AZ-01-003) - 5 Thence S 88°00'00" W 16.57 feet to a point of curvature; Thence along a curve to the right 20.69 feet, said curve having a radius of 20.00 feet, a delta angle of 59'15'59", tangents of 11.38 feet, and a long chord bearing N 62°22,01" W 19.78 feet to a point; Thence N 89°13'05" W 52.47 feet to a point; Thence S 10°50'08" E 30.61 feet to a point; Thence N 89°13'09" W 394.74 feet to a point; Leaving the existing Meridian City Limits boundary; Thence N 00°33'35" E 1332.93 feet to a point on the south line of the NW 1/4 of said Section 35; Thence N 89°10'54" W 1992.21 feet along said south line to a point on the west right- of-way of Ten Mile Road; Along said west right-of-way: Thence N 00053'19" E 2 63 1.15 feet to a point on the north line of the NE 1/4 of Section 34, Township 4 North, Range 1 West, Boise Meridian; Thence N 00°21'49" E 848.00 feet to a point; Leaving said west right-of-way; Thence S 88°58'19" E 880.00 feet to a point; Thence S 00°21'49" W 8 73. 00 feet to a point on the south right-of-way of McMillan Road; Thence S 88°58'19" E 446.27 feet along said south right-of-way to a point; Thence S 00040'08" W 1027.74 feet to a point; Thence S 73'15'55" E 356.10 feet to a point; ANNEXATION AND ZONING ORDINANCE (AZ-01-003) - 6 Thence S 42°32'55" E 86.96 feet to a point; Thence N 02°46'51 " E 18.66 feet to a point on the centerline of the White Drain; Along said centerline the following: Thence S 40° 13'00" E 114.50 feet to a point; Thence S 40' 18' 13 " E 112.51 feet to a point; Thence S 42°37'42" E 130.04 feet to a point; Thence S 75°56' 15" E 148.03 feet to a point; Thence S 75°02'48" E 161.23 feet to a point; Thence S 75°41'16" E 176.89 feet to a point; Thence S 72°59'50" E 203.38 feet to a point on the east line of the W 1/2 of said Section 35; Leaving said centerline: Thence S 00°26'55" W 2067.95 feet along said east line to the REAL POINT OF BEGINNING of this description, said parcel comprising 153.88 acres, more or less. Combined area Parcels I and II comprises 167.00 acres, more or less LEGAL DESCRIPTION FOR C-G ZONE ANNEXATION BRIDGETOWER CROSSING SUBDIVISION A parcel of land located in the NW 1/4 of Section 35, the NE 1/4 of Section 34, the SE 1/4 of Section 27, and the SW 1/4 of Section 26, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: ANNEXATION AND ZONING ORDINANCE (AZ-01-003) - 7 Commencing at the northwest corner of the NW '/4 of Section 35, Township 4 North, Range 1 West, Boise Meridian; thence N 88°58' 19" W 25.00 feet to a point on the west right-of-way of Ten Mile Road, the REAL POINT OF BEGINNING of this description; Thence N 00°21'49" E 848.00 feet along said west right-of-way to a point; Thence S 88°58' 19" E 880.00 feet to a point; Thence S 00°21'49" W 848.00 feet to a point on the north line of the NW '/4 of said Section 35; Thence N 88°58' 19" W 115.28 feet along said north line to a point; Thence S 01 °00'00" W 513.43 feet to a point; Thence N 88'58'19" W 320.68 feet to a point; Thence S 00°53' 19" W 156.05 feet to a point; Thence N 89°06'41 " W 443.04 feet to a point on the west right-of-way of Ten Mile Road; Thence N 00°53' 19" E 6 70.5 6 feet along said west right-of-way to the REAL POINT OF BEGINNING of this description, said parcel comprising 27.73 acres, more or less. SECTION 2: That the above -described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Low Density Residential District (R-4) and General Retail and Service Commercial District (C-G). SECTION 4: That the City Engineer is hereby directed to alter all use ANNEXATION AND ZONING ORDINANCE (AZ-01-003) - 8 and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and the owner of the land described in Section 1 dated the t�% day of { r ,, and that the uses are to be developed under the planned unit development process and conditional use permit process. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8: The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63-2215 and §50-223. ANNEXATION AND ZONING ORDINANCE (AZ-01-003) - 9 PASSW BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 77%-- day of &WOW Xis-, 2001. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 7'� day of e v. e � /�,, 2001. R ATTEST: STATE OF IDAHO,) ss. County of Ada. ) On this %f' day of Agem Aer , 2 00 1, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the daX•,gjjd,year first above written. NCE L. i• 14 0T,9 i • . (SEAL) = T Y PUBLIC FOR IDAHO �'• AV B L IC S ING AT: !t/�U-; a(rah •'•.,� ��•.•.•••.•• ; MY COMMISSION EXPIRES: y•2o 0 '•. OF 1D �'j�.•'• Z:\Work\M\Meridian\Meri�l;A'I!�IrOM\Bridgetower Crossing AZO1-003 PPO1-005 CUPO1.006\AZOrd.doc ANNEXATION AND ZONING ORDINANCE (AZ-01-003) - 10 CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Cleric, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. passed by the City Council of the City of Meridian, on the day of Av41eow 2001, is a true and correct copy of the original of said document which is in the care, custody and cont se City Clerk of the City of Meridian. >• t EA - WILLIAM G. BERG, JR. Y r' STATE OF ID'1 �' C ;'r f"f = �•'`' ss. County of Ada, ) On this [r' day of N'ovt-4e.r- , in the year 2001, before me, L. ;+a-- , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. !' w10 • i � Y • ; • �. r U i� = • (SEAL) �°vBLic ? N ary ublic for Idaho 5y`''•••....••''�.o..•'� Co ssion Expires:_ 0 F ��` "vW�� Z:\Work\M\Meridian\Meridian 15360M\Bridgetower Crossing AZ01-003 PP01-005 CUP01-006\CertificationOfClerkOrd.doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN - (AZ-99-005) M w O 0 O Z H 0 OQZ m m � co� N � � O = °� t{ `r w�o Z z o Ltd N n N H �+ w 3 OLU Z Q z ~w� Z O Oo m a 13 w C) Z J ni KI 76, 61 o m Z6'to M gq soa -lz rn o > 3 ANA N m oos U) w w W o 2o_ Zl Z U N O cr w g IO "�Ch. I > � I- LLl �� O O U o 0 o w ul O o m a U _ o M LL. Z o 02 0) F- Z _Z 0 Ow am w �,o e uu- rn LL N (D O O 8S a8 Wniwow M Z'L86 - .8••g 0 z co O > O g i Z')m Z Z N (n Q �J �y Q Z ❑ N m Z U) O W 2 N U-x U � Ora Z w N 3� Q z w — " zw Z W O p f 00 w c) 10 O o `� m I m 0 - if-OrTrie•r'enp�e of Ifalin STATE TA% COMMISSION 8(N) Park Blvd.. Plaza IV • Boise.ID 8372' March 18, 2002 William G. Berg, Jr. Meridian City Clerk 33 East Idaho Avenue Meridian, ID 83642 Subject: Ordinance Nos. 933, 01-930, 02-934, 02-935, and 02-936 Dear Mr. Berg: f'�'r o1CY RECEIVED MAR 2 0 2002 City of Meridian City Clerk Offiee The Idaho State Tax Commission received the documentation that was provided for the annexation of real property into the City of Meridian, for tax year 2003. The Idaho State Tax Commission approves the map and legal description. This approval is limited to the acknowledgement that the map and legal description meets the requirements of Section 63-215 Idaho Code, and Idaho State Tax Commission Rule 225. Sincerely, Cindy Lou McDonald GIS Manager Technical Support Bureau Idaho State Tax Commission CC: County Assessor County Clerk Harley Hinshaw, Property Appraisal Section Manager Gary Houde, Technical Records Specialist Equal Opportunity Emplmver Hearing Impaired Callers TDD 1-800-377-3529 November 2, 2001 AZ 01-003 MERIDIAN CITY COUNCIL MEETING November 7, 2001 APPLICANT Primeland Development, Co. ITEM NO. �-- REQUEST Ordinance — Request for annexation and zoning of 371.42 acres from RUT to R-4 and C-G zones for a planned development consisting of residential, office and commercial uses for proposed Bridgetower Crossing Subdivision -- 2420 Ustick Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: (; SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS See attached Ordinance -0Ur [� i, ? I Contacted: ( a (�(ADDate: j �, i Phone:314 Materials presented at public meetings shall become property of the City of Meridian. U L WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. ATTORNEYS AT LAW JULIE KLEIN FISCHER CHRISTOPHER S. NYE WM. R GIGRAY, III PHILIP A. PETERSON BRENT JOHNSON ERIC S. ROSSMAN D. SAMUEL JOHNSON TODD A. ROSSMAN LARRY D. MOORE DAVID M. SWARTLEY WILLIAM A. MORROW TERRENCE R. WHITE" WILLIAM R NICHOLS• *ALSO ADMITTED IN OR **ALSO ADMITTED IN WA William G. Berg, Jr. Meridian City Hall 33 E. Idaho Street Meridian, Idaho 83642 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288-2499 FAX (208) 288-2501 July 26, 2001 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653-0247 TEL (208) 466-9272 FAX (208) 466.4405 PLEASE REPLY TO MERIDIAN OFFICE RECEIVET, AUG 0 12001 City of Meridian City Clerk Office Re: BRIDGETOWER CROSSING SUBDIVISION — PRIMELAND DEVELOPMENT CO., LLP / AZ-01-003 ANNEXATION AND ZONING ORDINANCE (R-4) AND (C-G) Dear Will: Please find enclosed the above ordinance for the annexation and zoning for PRIMELAND DEVELOPMENT CO., LLP. Please place this ordinance on the City Council agenda. This ordinance should not be passed until the Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Annexation and Zoning are adopted. Additionally, I did not include any of the conditions of development set forth in part 3 of the Decision and Order, due to the fact that it is my opinion that annexation and zoning ordinances should not contain conditions other than a reference to a development agreement if so ordered. A development agreement was requested in this matter so I have fashioned the language in the Decision and Order to address the conditions of within the Development Agreement and that the property is to be developed under the Single -Family Residential development process and Planned Commercial. Please supply this letter to the Mayor and Council for their consideration of these Findings and Ordinance. If you have any questions arise, please advise. Very truly your Wm. F. Ni Z:\Work\M\Meridian\Meridianl5360M\Bridgetower CrossingAZOI-003 PPO1-005 CUP01-006\Clerk on Ord .doc ** TX CONFIRMATION REPORT ** AS OF AUG 22 '01 11:20 PAGE.01 DATE TIME TO/FROM 07 08/22 11:17 PUBLIC WORKS CITY OF MERIDIAN MODE MIN/SEC PGS CMD#i STATUS OF--S 02'42" 013 052 OK City of Meridian 0,0e e City Clerks Office 33 E Idaho Ave. Meridian, ID. 83642 direct line (208) 888-4433 fax number (208) 888-4218 Fax Covee� Sheep Date: SFfye, To: Brion From: tit$4 1� (; as Phone Number: g ?�-7 - (;Lq 7 Pages including cover: 13 Regarding: �I Ca S� ma�� _F /I _ L City of Meridian Public Works Dept. RECEI , �" Me o To: Will Berg From: Steve O'Brien CC: File Date: 08/28/01 Re: Ordinance Maps for Bridgetower Crossing Subdivision AUG2 S 2,-�::1 Per your request... Please note there were four different legal descriptions associated with this ordinance. If additional descriptors are required to separate the maps, such as titles or other designations, feel free to request additional maps with the information added. Thanks From the desk of... Steve O'Brien Engineering Tech. I Meridian Public WorkS Department 660 E. Watertower., Suite 200 Meridian, Idaho 83642-2600 Page 1 (208898-5500 Fax: (208) 887-1297 November 2, 2001 MERIDIAN CITY COUNCIL MEETING APPLICANT Primeland Development, Co. November 7, 2001 AZ 01-003 ITEM NO._N REQUEST Development Agreement — Request for annexation and zoning of 371.42 acres from RUT to R-4 and C-G zones for a planned development consisting of residential, office and commercial uses for proposed Bridgetower Crossing Subdivision — 2420 Ustick Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: Date: Phone: q �i - -Sq 0 Mate Is presented at public meetings shall become property of the City of Meridian. Ri:j OCT 10 2001 City of MeridianCity Clerk Offici DEVELOPMENT AGREEMENT Revised 10-04-01 PARTIES: 1. City of Meridian 2. E.L. Bews, Owner 3. Young Lands, Ltd, represented by Harry D. Young, Owner 4. Primeland Development Co., LLP, Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this day of 7 , by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and E.L. BEWS, hereinafter called "BEWS", whose address is 5204 Sorrento Circle, Boise, Idaho 83704, and YOUNG LANDS, LTD., REPRESENTED BY HARRY D. YOUNG, hereinafter called "YOUNG", whose address is 2420 Ustick Road, Meridian, Idaho 83642, and PRIMELAND DEVELOPMENT CO., LLP, hereinafter called "DEVELOPER", whose address is 1111 S. Orchard, Suite 155, Boise, Idaho 83705. l . RECITALS: 1.1 WHEREAS, "Owner" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit AA for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. §67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the "Owner" or "Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re -zoning of land; and DEVELOPMENT AGREEMENT (AZ-01-003) - 1 1.4 WHEREAS, "Owner" and "Developer" have submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of (R-4) Low Density Residential District and (C-G) General Retail And Service Commercial District, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Owner" and "Developer" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning SL Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the day of , 2001, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the "Findings" require the "Owner" and "Developer" enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNER" and "DEVELOPER" deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and DEVELOPMENT AGREEMENT (AZ-01-003) - 2 1.10 WHEREAS, "City" requires the "Owner" and "Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNER": means and refers to E.L. Bews, whose address is 5204 Sorrento Circle, Boise, Idaho 83704, the party developing said "Property" and shall include any subsequent owner (s)/developer(s) of the "Property". DEVELOPMENT AGREEMENT (AZ-01-003) - 3 3.3 "OWNER": means and refers to Young Lands, Ltd, represented by Harry D. Young, whose address is 2420 Usticic Road, Meridian, Idaho 83642, the party developing said "Property" and shall include any subsequent owner (s)/developer(s) of the "Property". 3.4 "DEVELOPER": means and refers to Primeland Development Co., LLP, whose address is I I I I S. Orchard, Suite 155, Boise, Idaho 83705, the party developing said "Property" and shall include any subsequent owner (s)/developer(s) of the "Property". 3.6 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcels to be annexed and zoned R-4 and C-G, and each owner's property is described in Exhibit "AA", attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City"'s Zoning Ordinance codified at Meridian City Code Section 11-7-2 (C.. and K.) which are herein specified as follows: Construction and development of a large phased mixed use project involving 5 commercial lots, 259 single family residential lots, 59 townhouse lots, 8 office lots, 10 commercial lots and 58 common lots. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Owner" and "Developer" have submitted to "City" an application for conditional use permit, and shall be required to obtain the "City's" approval thereof, in accordance to the City's DEVELOPMENT AGREEMENT (AZ-01-003) - 4 Zoning SL Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.A "Owner" and "Developer" shall develop the "Property" in accordance with the following special conditions: Adopt the Requirement of the City Council as follows: A. Based upon the testimony of Becky Bowcutt, the Applicant's representative, and the widely recognized need for infrastructure improvements sooner, rather than later, especially as it respects large developments, the Owner/Developer, as condition of annexation and zoning, shall participate in the negotiations with Ada County Highway District, and shall become a party to any eventual agreements worked out by the developer/ACHD Group. Therefore, as a condition of annexation, and as a condition of the Development Agreement, Applicant shall participate in any road infrastructure agreements negotiated with ACHD and shall faithfully perform the terms of such agreement or agreements. AND Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 2. The Applicant is proposing that seven (7) lots in the preliminary plat and Phase 1 annexation applications be approved as office lots (Lots 25, 26 and 29 of Block 14 and Lots 22, 23, 25, and 26 Block 23). However, the current Comprehensive Plan does not support 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. DEVELOPMENT AGREEMENT (AZ-01-003) - 5 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. The Commission does support the concept of incorporating other uses besides residential as part of this development. 3. 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 shall be developed within the City limits to receive city services and the school shall 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.) 4. 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) shall occur only through the Conditional Use Permit process. 5. 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. 6. 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 shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. The relocated White Trunk will not be required to be tiled if it will be made into, and maintained, as a water amenity. 7. Any existing domestic wells and/or septic systems within this project shall 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. 8. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with DEVELOPMENT AGREEMENT (AZ-01-003) - 6 City Ordinance Sections 11-13-4.C. and 12-5-2.M. 9. Two -hundred -fifty- and 100-watt, high-pressure sodium streetlights shall 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. 10. 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. 11. Off-street parking shall be provided in accordance with the City of Meridian Ordinance 11-13 for use of property. 12. 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 shall be permitted. 13. Provide five -foot -wide sidewalks in accordance with City Ordinance Section 12-5-2.K. 14. All construction shall conform to the requirements of the Americans with Disabilities Act. Adopt the Recommendations of the Ada County Highway District as follows: 15. 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. 16. 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. 17. 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. DEVELOPMENT AGREEMENT (AZ-01-003) - 7 18. 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. 19. 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. 20. 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 with signage plan with District staff. The access restrictions for these street segments shall be stated on the final plat. 21. 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. 22. Construct two driveways off Belltower located approximately 230-feet east of Ten Mile Road on both the north and south sides of Belltower Drive. 23. 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. DEVELOPMENT AGREEMENT (AZ-01-003) - 8 24. 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. 25. 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. 26. 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. 27. 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. 28. Streets within the subdivision shall align or offset a minimum of 125- feet from any proposed public street. 29. Construct the turnarounds to provide a minimum turning radius of 45- feet. 30. 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. 31. 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. DEVELOPMENT AGREEMENT (AZ-01-003) - 9 Coordinate the location and elevation of the sidewalk with District staff. 32. 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. 33. 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. 34. 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. 35. 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. 36. 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. 37. 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. 38. 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. 39. 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. 40. 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. DEVELOPMENT AGREEMENT (AZ-01-003) - 10 Coordinate the design of the turn lane with District staff. 41. 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. 42. 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. 43. 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. 44. 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. 45. 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 shall coordinate the design of these improvements with District staff. 46. 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. DEVELOPMENT AGREEMENT (AZ-01-003) - 11 47. 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. 48. Relocate the Settlers Canal outside of the new right-of-way of McMillan Road to provide adequate space for future road widening. 49. All irrigation facilities shall be relocated outside of the new right-of- way on McMillan Road, Ten Mile Road and Ustick Road. 50. All utility relocation costs associated with improving street frontages abutting the site should be borne by the developer. 51. 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. 52. 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. 53. Additionally, the Applicant shall comply with all of ACHD's Standard Requirements listed in their letter dated April 18, 2001. Adopt the Recommendations of the Settlers Irrigation District as follows: 54. The White Drain may be relocated as an open water amenity if the City of Meridian agrees to an indemnification agreement with Settlers Irrigation District. Also, an Operation and Maintenance agreement for the White Drain shall be required between the developer and Setters Irrigation District. 55. Drainage water from this proposed development may be accepted into the White Drain under certain water quality standards set forth by DEQ, ACHD, and Settlers Irrigation Drain. DEVELOPMENT AGREEMENT (AZ-01-003) - 12 56. The water storage pond for the pressurized irrigation system is the only pond that could be constructed as part of the White Drain as long as an Operation and Maintenance agreement is in place between the developer and Settlers Irrigation District. Additionally, the Applicant shall be required to comply with the actions of the City Council from their July 17, 2001 meeting as follows: 57. The White Drain Sewer Trunk easements are necessary and shall be within the City limits. 58. 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 59. Applicant to coordinate with Tom Anderson the fencing that will go along the west property line of the Tom Anderson's property. 60. 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 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 DEVELOPMENT AGREEMENT (AZ-01-003) - 13 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". 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owner" and Developer or Owner and Developer s heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development" of subject "Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. ' 67-6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner" and "Developer" consent upon default to the de - annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to -wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owner" and "Developer" and if the "Owner" and "Developer" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Owner" and "Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. DEVELOPMENT AGREEMENT (AZ-01-003) - 14 10. DEFAULT: 10.1 In the event "Owner" and "Developer", "Owner" and "Developer"'s heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Owner" and "Developer" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owner" and "Developer"'s cost, and submit proof of such recording to "Owner" and "Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "city" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owner" and "Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. DEVELOPMENT AGREEMENT (AZ-01-003) - 15 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Owner" and "Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non -breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Owner" and "Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 12-5-3, to insure that installation of the improvements, which the "Owner" and "Developer" agrees to provide, if required by the "city". 15. CERTIFICATE OF OCCUPANCY: The "Owner" and "Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner" and "Developer" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". DEVELOPMENT AGREEMENT (AZ-01-003) - 16 16. ABIDE BY ALL CITY ORDINANCES: That "Owner " and "Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de -annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: OWNER: c/o City Engineer E.L. BEWS City of Meridian 5204 Sorrento Circle 33 E. Idaho Ave. Boise, Idaho 83704 Meridian, ID 83642 Young Lands, Ltd, represented by Harry D. Young 2420 Usticic Road Meridian, Idaho 83642 with copy to: DEVELOPER: City Cleric Primeland Development Co., LLP City of Meridian I 1 I 1 S. Orchard, Suite 155 33 E. Idaho Ave. Boise, Idaho 83705 Meridian, ID 83642 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court DEVELOPMENT AGREEMENT (AZ-01-003) - 17 costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owner" and "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owner" and "Developer" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner" and "Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner" and "Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding DEVELOPMENT AGREEMENT (AZ-01-003) - 18 upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ-01-003) - 19 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. OWNER: BEWS BY: E. L. BEWS SHIRLEY G. BEWS OWNER: YOUNG LANDS, LTD. 09 HARRY D. YOUNG, PARTNER BY: FLORA ANN YOUNG, PARTNER DEVELOPMENT AGREEMENT (AZ-01-003) - 20 DEVELOPER: PRIMELAND DEVELOPMENT CO., LLP i• Attest: IC CITY OF MERIDIAN m MAYOR ROBERT D. CORRIE Attest: CITY CLERK - DEVELOPMENT AGREEMENT (AZ-01-003) - 21 STATE OF IDAHO) ss: COUNTY OF ADA) On this day of , in the year 2001, before me, a Notary Public, personally appeared E.L. BEWS and SHIRLEY G. BEWS, known or identified to me to be persons who executed the instrument and acknowledged to me that they executed the same. (SEAL) STATE OF IDAHO) ss COUNTY OF ADA) Notary Public for Idaho Residing at: Commission expires:_ On this day of , in the year 2001, before me, a Notary Public, personally appeared HARRY D. YOUNG and FLORA ANN YOUNG, known or identified to me to be partners of YOUNG LANDS, LTD, and the persons who executed the instrument and acknowledged to me that they having executed the same on behalf of said YOUNG LANDS, LTD. (SEAL) Notary Public for Idaho Residing at: Commission expires: DEVELOPMENT AGREEMENT (AZ-01-003) - 22 STATE OF IDAHO) :ss COUNTY OF ADA) On this day of before me, a Notary Public, _, in the year 2001, personally appeared and , known or identified to me to be partners of PRIMELAND DEVELOPMENT COMPANY, LLP, and the persons who executed the instrument and acknowledged to me that they having executed the same on behalf of said limited liability partnership. (SEAL) STATE OF IDAHO ss County of Ada Notary Public for Idaho Residing at: Commission expires:_ On this day of , in the year 2001, before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. ( SEAL) Notary Public for Idaho Commission expires: \\NPA NTS40_PDC\.SERVER Z\WorkVvWeridian\Meridian 15360M\ ridgetower Crossing AZO1-003 PP01-005 CUPO 006\DevelopAgr.doc DEVELOPMENT AGREEMENT (AZ-01-003) - 23 EXHIBIT A Legal Description Of Property LEGAL DESCRIPTION FOR PHASE 2 ANNEXATION BRIDGETOWER CROSSING SUBDIVISION (R-4) A parcel of land located in Sections 25, 26, 35 and 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the southeast corner of the W '/2 (South 1/4 corner) of Section 35, Township 4 North, Range 1 West, Boise Meridian; thence N 00°26'55" E 1566.64 feet along the east line of said W I/2 to the REAL POINT OF BEGINNING of this description; Thence continuing N 00°26'55" E 2067.95 feet along the east line of said W '/ to a point on the centerline of the White Drain; Along the centerline of the White Drain the following: Thence N 72°59'50" W 203.38 feet to a point; Thence N 75°41' 16" W 176.89 feet to a point; Thence N 75°02'48" W 161.23 feet to a point; Thence N 75°56' 15" W 148.03 feet to a point; Thence N 42°37'42" W 130.04 feet to a point; Thence N 40° 18' 13" W 112.51 feet to a point; Thence N 40°13'00" W 114.50 feet to a point; Leaving said centerline: DEVELOPMENT AGREEMENT (AZ-01-003) - 24 Thence N 02°46'51 " E 741.38 feet to a point; Thence N 87°13'09" W 133.08 feet to a point; Thence N 02°46'51" E 473.58 feet to a point on the northerly right-of-way of McMillan Road; Along said northerly right-of-way: Thence S 88°58' 19" E 987.24 feet to a point; Thence S 89°28'07" E 2650.34 feet to a point on the east right-of-way of Linder Road; Leaving said northerly right-of-way; Thence S 00'15'17" W 1342.47 feet along said east right-of-way to a point; Thence N 89°19'30" W 1340.02 feet to the southwest corner of the NE 1/4 of the NE 1/4 of said Section 35; Thence S 00°21'07" W 13 14. 10 feet to the southeast corner of the SW 1/4 of the NE 1/4; Thence S 00°21' 10" W 13 19.3 6 feet to the southeast corner of the NW 1/4 of the SE 1/4; Thence S 89°12'38" E 165.53 feet to a point on the north line of the SE 1/4 of the SE 1/4; Thence S 00°26'55" W 677.86 feet to a point; Thence N 89°33'05" W 69.15 feet to a point; Thence N 75°05'55" W 501.97 feet to a point; Thence N 48°51'22" W 23.06 feet to a point; DEVELOPMENT AGREEMENT (AZ-01-003) - 25 Thence N 50°25' 12" W 784.17 feet to a point; Thence N 26°24'21 " W 65.90 feet to a point; Thence N 00°26'55" E 21.92 feet to a point; Thence N 39°22' 16" W 282.38 feet to a point; Thence N 89°13'05" W 93.37 feet to the REAL POINT OF BEGINNING of this description, said parcel comprising 204.42 acres, more or less. LEGAL DESCRIPTION FOR ANNEXATION BRIDGETOWER CROSSING SUBDIVISION (R-4) Parcels of land located in Section 35, the NE 1/4of Section 34, the SE 1/4 of Section 27, and the SW 1/4of Section 26, Township 4 North, Range 1 West; and the NE 1/4of Section 2, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: PARCF.l. 1 A parcel of land located in the SE 1/4of Section 35, Township 4 North, Range 1 West; and the NE 1/4 of Section 2, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the southwest corner of the SE I/4 (South 1/4 corner) of Section 35, Township 4 North, Range 1 West, Boise Meridian; thence S 89°14'22" E 660.60 feet along the south line of said SE 1/4 to a point on the existing Meridian City Limits boundary, the REAL POINT OF BEGINNING of this description; Along the existing Meridian City Limits boundary the following: Thence N 00°45'38" E 65.00 feet to a point; Thence N 31°00'00" W 154.95 feet to a point; DEVELOPMENT AGREEMENT (AZ-01-003) - 26 Thence N 53°00'00" W 110.00 feet to a point; Thence N. 37°00'00" E 50.00 feet to a point; Thence S 53°00'00" E 102.00 feet to a point; Thence N 37°00'00" E 100.84 feet to a point; Thence N 29°00'00" E 173.61 feet to a point; Thence N 35°00'00" E 140.55 feet to a point; Thence N 25°17'47" E 204.78 feet to a point; Leaving the existing Meridian City Limits boundary; Thence S 48°51'22" E 23.06 feet to a point; Thence S 75°05'55" E 501.97 feet to a point; Thence S 89°33'05" E 69.15 feet to a point; Thence S 00°26'55" W 666.38 feet to a point on the south right-of-way of Usticic Road; Thence N 89°14'22" W 824.53 feet along said south right-of-way to a point on the existing Meridian City Limits boundary; Thence N 00°45'38" E 25.00 feet along the existing Meridian City Limits boundary to the REAL POINT OF BEGINNING of this description, said parcel comprising 13.12 acres, more or less. PARCFT TT A parcel of land located in the W '/ of Section 35, the SW 1/4 of Section 26, the SE 1/4 of Section 27, and the NE 1/4 of Section 34, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: DEVELOPMENT AGREEMENT (AZ-01-003) - 27 Commencing at the southeast corner of the W '/ (South 1/4 corner) of Section 35, Township 4 North, Range 1 West, Boise Meridian; thence N 00°26'55" E 1566.64 feet along the east line of said W '/ to a point on the existing Meridian City Limits boundary, the REAL POINT OF BEGINNING of this description; Along the existing Meridian City Limits boundary the following: Thence N 89°13'05" W 182.95 feet to a point; Thence S 00°26'55" W 237.28 feet to a point; Thence S 88°00'00" W 16.57 feet to a point of curvature; Thence along a curve to the right 20.69 feet, said curve having a radius of 20.00 feet, a delta angle of 59'15'59", tangents of 11.38 feet, and a long chord bearing N 62°22'01 " W 19.78 feet to a point; Thence N 89°13'05" W 52.47 feet to a point; Thence S 10°50'08" E 30.61 feet to a point; Thence N 89°13'09" W 394.74 feet to a point; Leaving the existing Meridian City Limits boundary; Thence N 00°33'35" E 1332.93 feet to a point on the south line of the NW 1/4 of said Section 35; Thence N 89°10'54" W 1992.21 feet along said south line to a point on the west right-of-way of Ten Mile Road; Along said west right-of-way: Thence N 00°53'19" E 2631.15 feet to a point on the north line of the NE 1/4 of Section 34, Township 4 North, Range 1 West, Boise Meridian; Thence N 00°21'49" E 848.00 feet to a point; DEVELOPMENT AGREEMENT (AZ-01-003) - 28 Leaving said west right-of-way; Thence S 88°58' 19" E 880.00 feet to a point; Thence S 00°21'49" W 873.00 feet to a point on the south right-of-way of McMillan Road; Thence S 88°58' 19" E 446.27 feet along said south right-of-way to a point; Thence S 00°40'08" W 1027.74 feet to a point; Thence S 73'15'55" E 356.10 feet to a point; Thence S 42°32'55" E 86.96 feet to a point; Thence N 02°46'51" E 18.66 feet to a point on the centerline of the White Drain; Along said centerline the following: Thence S 40° 13'00" E 114.50 feet to a point; Thence S 40° 18' 13 " E 112.51 feet to a point; Thence S 42°37'42" E 130.04 feet to a point; Thence S 75°56'15" E 148.03 feet to a point; Thence S 75°02'48" E 161.23 feet to a point; Thence S 75°41'16" E 176.89 feet to a point; Thence S 72°59'50" E 203.38 feet to a point on the east line of the W '/2 of said Section 35; Leaving said centerline: DEVELOPMENT AGREEMENT (AZ-01-003) - 29 Thence S 00°26'55" W 2067.95 feet along said east line to the REAL POINT OF BEGINNING of this description, said parcel comprising 153.88 acres, more or less. Combined area Parcels I and II comprises 167.00 acres, more or less LEGAL DESCRIPTION FOR C-G ZONE ANNEXATION BRIDGETOWER CROSSING SUBDIVISION A parcel of land located in the NW 1/4 of Section 35, the NE 1/4 of Section 34, the SE 1/4 of Section 27, and the SW 1/4 of Section 26, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northwest corner of the NW 1/4 of Section 35, Township 4 North, Range 1 West, Boise Meridian; thence N 88°58'19" W 25.00 feet to a point on the west right-of-way of Ten Mile Road, the REAL POINT OF BEGINNING of this description; Thence N 00°21'49" E 848.00 feet along said west right-of-way to a point; Thence S 88°58' 19" E 880.00 feet to a point; Thence S 00°21'49" W 848.00 feet to a point on the north line of the NW 1/4 of said Section 35; Thence N 88°58' 19" W 115.28 feet along said north line to a point; Thence S 01 °00'00" W 513.43 feet to a point; Thence N 88°58' 19" W 320.68 feet to a point; Thence S 00°53' 19" W 156.05 feet to a point; Thence N 89°06'41 " W 443.04 feet to a point on the west right-of-way of Ten Mile Road; DEVELOPMENT AGREEMENT (AZ-01-003) - 30 Thence N 00°53' 19" E 670.56 feet along said west right-of-way to the REAL POINT OF BEGINNING of this description, said parcel comprising 27.73 acres, more or less. DEVELOPMENT AGREEMENT (AZ-01-003) - 31 EXHIBIT "AA" E.L. BEWS AND SHIRLEY BEWS PROPERTY PARCEL 1 (#1 on map) The west one half of the northwest quarter of Section 35, Township 4 North, Range 1 West of the Boise Meridian, in Ada County, State of Idaho. Except those portions lying within Ten Mile Road and McMillan Road. PARCEL 2 (#2 on map) A parcel of land being a portion of the Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 35, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Beginning at a brass cap marking the Southwest corner of the said Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 35, also said point being the REAL POINT OF BEGINNING; thence North 0°26'49" East 488.00 feet along the Westerly boundary of the said Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 35 to an iron pin; thence South 89°14'41" East 600.00 feet along a line Northerly of and parallel with the Southerly boundary of the said Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 35 to an iron pin; thence South 0°26'49" West 488.00 feet along a line Easterly of and parallel with the said Westerly boundary of the Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 35 to an iron pin on the said Southerly boundary off the Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 35; thence North 89°14'41" West 600.00 feet along the said Southerly boundary of the Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 35, which is also the centerline of Ustick Road, to the POINT OF BEGINNING. EXCEPTING THEREFROM: DEVELOPMENT AGREEMENT (AZ-01-003) - 32 A strip of land in the South half of the Southeast Quarter of Section 35, Township 4 North, Range 1 West, Boise Meridian, and in the North Half of the Northeast Quarter of Section 2, Township 3 North, Range 1 West, Boise Meridian, for right of way purposes along Five Mile Drain, Boise Project, Idaho, more particularly described as follows: Beginning at a point on the North and South quarter section line 103.3 feet, North 00°26' West of the South Quarter corner of Section 35, Township 4 North, Range 1 West, Boise Meridian; thence North 00°26' West 152.0 feet along the North and South Quarter section line; thence South 63°06' East 423.7 feet; thence South 89°52' East 1,109.0 feet; thence South 00°37' East 90.0 feet; thence North 89°52' West 1,231.5 feet; thence North 63°06' West 286.00 feet to a POINT OF BEGINNING. ALSO EXCEPTING THEREFROM any portion of said property lying within USTICK ROAD AND PARCEL I (#3 on map) 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 00°10'49" East 660.00 feet (formerly South 40 rods), along the east line of the Southwest Quarter to a point; thence North 89°48'37" West 330.00 feet (formerly West 20 rods), parallel with the North line of the Southwest Quarter to a point; thence North 00°10'49" 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 DEVELOPMENT AGREEMENT (AZ-01-003) - 33 South 89°48'37" 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 89°48'37" West 1311.39 feet (formerly North 89°54' East 1308.5 feet), to the Southwest corner of the East half of the Northwest Quarter (center -west 1/2 corner); thence North 00°02'21 " East 1573.58 feet (formerly North 00°05' West 1575.8 feet), along the West line of the East half of the Northwest Quarter to a point; thence South 73°53'39" East 356.04 feet (formerly South 74°01' East 356 feet) to a point; thence South 43°10'39" East (formerly South 43°18' East) 434.00 feet to a point; thence South 75°12'39" East 691.06 feet (formerly South 75°20' East 689.6 feet), to a point along the East line of the Northwest Quarter; thence South 00°10'49" East 986.27 feet (formerly South 00°13' East 989.6 feet) along the East line of the Northwest Quarter to the REAL POINT OF BEGINNING of this description. (#6 on map) 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. DEVELOPMENT AGREEMENT (AZ-01-003) - 34 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 the Grantees herein assume and agree to pay according to its terms and conditions. AND (#7 on map) 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 89°45' 10" West along the North boundary of the above said Section 35 a distance of 988.11 feet to a point; thence running South 02°00'00" West a distance of 448.57 feet to a point; thence running South 88°00'00" East a distance of 133.08 feet to a point; thence running South 02°00'00" West a distance of 755.42 feet to a point in a drain ditch; thence running along the drain ditch, South 42°36'25" East a distance of 349.48 feet to a point; and thence running South 75°20'00" East a distance of 689.60 feet to a point; thence leaving the drain ditch running North 00°13'52" West a distance of 1635.48 feet to the REAL POINT OF BEGINNING. LESS AND EXCEPTING any portion lying within McMillan Road. AND (#8 on map) 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. DEVELOPMENT AGREEMENT (AZ-01-003) - 35 PRIMELAND DEVELOPMENT CO., LLP Parcel D (#4 on map) A parcel of land located in the south half of Section 35, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the Southeast corner of the Southwest quarter (South quarter corner) of Section 35, Township 4 North, Range 1 West, Boise Meridian; Thence North 0 Degree 26'55" East 255.75 feet along the East Line of the Southwest quarter to a point on the Northerly right-of-way of Fivemile Creek, THE REAL POINT OF BEGINNING of this description; Along the Northerly right-of-way of Fivemile Creek; Thence North 62 Degrees 08'33" West 1,109.68 feet to a point; Thence North 81 Degrees 01'45" West 324.52 feet to a point on the right-of- way of the Creason Lateral, Leaving said Fivemile Creek right-of-way, and along the right-of-way of the Creason Lateral; Thence North 00 Degree 40' 14" East 448.95 feet to a point; Thence North 45 Degrees 43'33" East 72.70 feet to a point; Thence South 89 Degrees 13'09" East 1252.68 feet to a point on the East line of said Southwest quarter; Leaving said right-of-way, Thence North 0 Degree 26'55" East 21.41 feet along said East line to a point; Thence South 89 Degrees 12'40" East 230.64 feet to a point; Thence South 50 Degrees 24'38" East 901.38 feet to a point; Thence South 75 Degrees 05'55" East 521.75 feet to a point; Thence South 89 Degrees 33'05" East 50.00 feet to a point; Thence South 0 Degree 26'55" West 571.44 feet to a point on the Northerly right-of-way of Fivemile Creek, Thence North 89 Degrees 14'22" West 884.99 feet along said Northerly right- of-way to a point; Thence North 0 Degree 26'55" East 423.01 feet to a point; Thence North 89 Degrees 14'22" West 600.00 feet to a point on the West line of the Southeast quarter of said Section 35; Thence South 0 Degree 26'55" West 232.26 feet along said line to THE REAL POINT OF BEGINNING of this description. DEVELOPMENT AGREEMENT (AZ-01-003) - 36 PARCEL E A parcel of land located in the East half of the Northeast quarter of the Southwest quarter of Section 35, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the Southeast corner of the Southwest quarter (South quarter corner) of Section 35, Township 4 North, Range 1 West, Boise Meridian; Thence North 0 Degree 26'55" East 1,332.51 feet along the East line of the Southwest quarter to a point on the Northerly right-of-way of the Creason Lateral, THE REAL POINT OF BEGINNING of this description, Thence North 89 Degrees 13'09" West 658.27 feet along the Northerly right- of-way of the Creason Lateral to a point on the West line of the East half of the Northeast quarter of the Southwest quarter; Thence North 0 Degree 33'35" East 1,307.93 feet to the Northwest corner of said East half; Thence South 89 Degrees 10'54" East 325.74 feet along the North line of said East half to a point; Thence South 0 Degrees 26'55" West 660.00 feet to a point; Thence South 89 Degrees 10'54" East 330.00 feet to a point on the East line of said East half; Thence South 0 Degree 26'55" West 413.38 feet along the East line of said East half to a point; Thence North 89 Degrees 13'05" West 182.95 feet to a point; Thence South 0 Degree 26'55" West 229.15 feet to a point; Thence South 89 Degrees 13'05" East 182.95 feet to a point on the East line of said East half, Thence South 0 Degrees 26'55" West 4.98 along said line to THE REAL POINT OF BEGINNING of this description. AND (#5 on map) A tract of land situated in the Southeast quarter of the Southwest quarter of Section 35, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, described as follows: DEVELOPMENT AGREEMENT (AZ-01-003) - 37 Beginning at the South quarter corner of Section 35, the REAL POINT OF BEGINNING; thence South 89°49'40" West along the South line of said Section 35 a distance of 688.00 feet; thence North 5°08'40" East a distance of 464.21 feet; thence South 63°35'40" East a distance of 720.45 feet to a point on the center quarter line; thence South 0°26'00" East a distance of 143.87 feet to the REAL POINT OF BEGINNING. LESS AND EXCEPTING the East 18 feet thereof. ALSO LESS AND EXCEPTING therefrom a narrow strip of land 30 feet wide along the North boundary of said above described parcel of land. ALSO LESS AND EXCEPTING therefrom a portion deeded to UNITED STATES OF AAMERICA by Warranty Deed, recorded in Book 120 of Deeds at Page 49, records of Ada County, Idaho. DEVELOPMENT AGREEMENT (AZ-01-003) - 38 EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT (AZ-01-003) - 39 WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. ATTORNEYS AT LAW JULIE KLEIN FISCHER CHRISTOPHER S. NYE WM. F. GIGRAY, III PHILIP A. PETERSON BRENT JOHNSON ERIC S. ROSSMAN D. SAMUEL JOHNSON TODD A. ROSSMAN LARRY D. MOORE DAVID M. SWARTLEY WILLIAM A. MORROW TERRENCE R. WHITES• WILLIAM F. NICHOLS* •ALSO ADMITTED IN OR "ALSO ADMITTED IN WA William G. Berg, Jr. City of Meridian 33 E. Idaho Meridian, Idaho 83642 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288-2499 FAX (208) 288-2501 December 3, 2001 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653.0247 TEL (208) 466.9272 FAX (208) 466-4405 PLEASE REPLY TO MERIDIAN OFFICE RECEIVE Re: Ordinance No. 01-930, Summary of Publication Dear Will: DEC - 7 2001 City of Meridiar, City Clerk ():Pfict- Pursuant to the direction of the Meridian City Council, this office has prepared a summarization of the ordinance providing for an annexation and zoning ordinance for Bridgetower Crossing Subdivision property, E.L. Bews, Young Lands, Ltd. -represented by Harry D. Young, Brad and Chandos Hoaglun, owners, pursuant to the City's action. I do hereby advise the City, and make this statement, that said summary is true and complete and provides adequate notice to the public of the provisions of said ordinance. You are hereby directed to file this statement with the ordinance, pursuant to the provisions of Idaho Code § 50-901(A). Wm. F. Nichols Enclosure Z:\Work\M\Meridian\Meridian 15360M\Bridgetower Crossing AZO1-003 PPO1-005 CUPO1-006\CIerkSumRZOrdLTR.doc NOTICE AND PUBLISHED SUMMARY OR ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 01-930 PROVIDING FOR AN ANNEXATION AND ZONING ORDINANCE FOR BRIDGETOWER CROSSING SUBDIVISION An Ordinance of the City of Meridian granting annexation and zoning for land to be known as Bridgetower Crossing Subdivision property, E.L. Bews, Young Lands, Ltd. — reoresented by Harry D. Young, Brad and Chandos Hoaglun, owners, consisting of 371.42 acres with a zoning designation of R-4 Low Density Residential District and C-G General Retail and Service Commercial District; and to provide for effect of invalidity; providing that all ordinances and resolutions in conflict are repealed and rescinded; and providing an effective date. LEGAL DESCRIPTION FOR PHASE 2 ANNEXATION BRIDGETOWER CROSSING SUBDIVISION (R-4) A parcel of land located in Sections 25, 26, 35 and 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the southeast corner of the W 1/2 (South 1/4 corner) of Section 35, Township 4 North, Range 1 West, Boise Meridian; thence N 00°26'55" E 1566.64 feet along the east line of said W 1/2 to the REAL POINT OF BEGINNING of this description; Thence continuing N 00°26'55" E 2067.95 feet along the east line of said W 1/2 to a point on the centerline of the White Drain; Along the centerline of the White Drain the following: Thence N 72°59'50" W 203.38 feet to a point; Thence N 75°41' 16" W 176.89 feet to a point; Thence N 75°02'48" W 161.23 feet to a point; Thence N 75°56' 15" W 148.03 feet to a point; Thence N 42°37'42" W 130.04 feet to a point; AZ-01-003 Thence N 40' 18' 13 " W 112.51 feet to a point; Thence N 40°13'00" W 114.50 feet to a point; Leaving said centerline: Thence N 02°46'51 " E 741.38 feet to a point; Thence N 87°13'09" W 133.08 feet to a point; Thence N 02°46'51 " E 473.58 feet to a point on the northerly right-of-way of McMillan Road; Along said northerly right-of-way: Thence S 88°58' 19" E 987.24 feet to a point; Thence S 89°28'07" E 2650.34 feet to a point on the east right-of-way of Linder Road; Leaving said northerly right-of-way; Thence S 00'15'17" W 13 42.4 7 feet along said east right-of-way to a point; Thence N 89°19'30" W 1340.02 feet to the southwest corner of the NE 1/4 of the NE 1/4of said Section 35; Thence S 00°21'07" W 13 14. 10 feet to the southeast corner of the SW 1/4 of the NE 1/4; Thence S 00°21' 10" W 1319.36 feet to the southeast corner of the NW 1/4 of the SE 1/4; Thence S 89°12'38" E 165.53 feet to a point on the north line of the SE 1/4 of the SE 1/4; Thence S 00°26'55" W 677.86 feet to a point; Thence N 89°33'05" W 69.15 feet to a point; Thence N 75°05'55" W 501.97 feet to a point; Thence N 48°51'22" W 23.06 feet to a point; AZ-O 1-003 Thence N 50°25' 12" W 784.17 feet to a point; Thence N 26°24'21 " W 65.90 feet to a point; Thence N 00°26'55" E 21.92 feet to a point; Thence N 39°22' 16" W 282.38 feet to a point; Thence N 89°13'05" W 93.37 feet to the REAL POINT OF BEGINNING of this description, said parcel comprising 204.42 acres, more or less. LEGAL DESCRIPTION FOR ANNEXATION BRIDGETOWER CROSSING SUBDIVISION (R-4) Parcels of land located in Section 35, the NE 1/4 of Section 34, the SE 1/4 of Section 27, and the SW 1/4 of Section 26, Township 4 North, Range 1 West; and the NE 1/4 of Section 2, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: PARC'.F.T. 1 A parcel of land located in the SE 1/4 of Section 35, Township 4 North, Range 1 West; and the NE 1/4 of Section 2, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the southwest corner of the SE 1/4 (South 1/4 corner) of Section 35, Township 4 North, Range 1 West, Boise Meridian; thence S 89°14'22" E 660.60 feet along the south line of said SE 1/4 to a point on the existing Meridian City Limits boundary, the REAL POINT OF BEGINNING of this description; Along the existing Meridian City Limits boundary the following: Thence N 00°45'38" E 65.00 feet to a point; Thence N 31°00'00" W 154.95 feet to a point; Thence N 53°00'00" W 110.00 feet to a point; Thence N. 37°00'00" E 50.00 feet to a point; AZ-01-003 Thence S 53°00'00" E 102.00 feet to a point; Thence N 37°00'00" E 100.84 feet to a point; Thence N 29°00'00" E 173.61 feet to a point; Thence N 35°00'00" E 140.55 feet to a point; Thence N 25°17'47" E 204.78 feet to a point; Leaving the existing Meridian City Limits boundary; Thence S 48°51'22" E 23.06 feet to a point; Thence S 75°05'55" E 501.97 feet to a point; Thence S 89°33'05" E 69.15 feet to a point; Thence S 00°26'55" W 666.38 feet to a point on the south right-of-way of Ustick Road; Thence N 89°14'22" W 824.53 feet along said south right-of-way to a point on the existing Meridian City Limits boundary; Thence N 00°45'38" E 25.00 feet along the existing Meridian City Limits boundary to the REAL POINT OF BEGINNING of this description, said parcel comprising 13.12 acres, more or less. PARCEL II A parcel of land located in the W 1/z of Section 35, the SW 1/4 of Section 26, the SE 1/4 of Section 27, and the NE 1/4 of Section 34, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the southeast corner of the W 1/2 (South 1/4 corner) of Section 35, Township 4 North, Range 1 West, Boise Meridian; thence N 00°26'55" E 1566.64 feet along the east line of said W 1/2 to a point on the existing Meridian City Limits boundary, the REAL POINT OF BEGINNING of this description; Along the existing Meridian City Limits boundary the following: AZ-01-003 Thence N 89°13'05" W 182.95 feet to a point; Thence S 00°26'55" W 237.28 feet to a point; Thence S 88°00'00" W 16.57 feet to a point of curvature; Thence along a curve to the right 20.69 feet, said curve having a radius of 20.00 feet, a delta angle of 59°15'59", tangents of 11.38 feet, and a long chord bearing N 62°22'01 " W 19.78 feet to a point; Thence N 89°13'05" W 52.47 feet to a point; Thence S 10°50'08" E 30.61 feet to a point; Thence N 89°13'09" W 394.74 feet to a point; Leaving the existing Meridian City Limits boundary; Thence N 00°33'35" E 1332.93 feet to a point on the south line of the NW 1/4 of said Section 35; Thence N 89°10'54" W 1992.21 feet along said south line to a point on the west right-of-way of Ten Mile Road; Along said west right-of-way: Thence N 00°53' 19" E 2631.15 feet to a point on the north line of the NE 1/4 of Section 34, Township 4 North, Range 1 West, Boise Meridian; Thence N 00°21'49" E 848.00 feet to a point; Leaving said west right-of-way; Thence S 88°58' 19" E 880.00 feet to a point; Thence S 00°21'49" W 8 73. 00 feet to a point on the south right-of-way of McMillan Road; Thence S 88°58'19" E 446.27 feet along said south right-of-way to a point; Thence S 00°40'08" W 1027.74 feet to a point; AZ-O l -003 Thence S 73°15'55" E 356.10 feet to a point; Thence S 42°32'55" E 86.96 feet to a point; Thence N 02°46'51" E 18.66 feet to a point on the centerline of the White Drain; Along said centerline the following: Thence S 40° 13'00" E 114.50 feet to a point; Thence S 40'18'13" E 112.51 feet to a point; Thence S 42°37'42" E 130.04 feet to a point; Thence S 75°56' 15" E 148.03 feet to a point; Thence S 75°02'48" E 161.23 feet to a point; Thence S 75°41'16" E 176.89 feet to a point; Thence S 72°59'50" E 203.38 feet to a point on the east line of the W '/a of said Section 35; Leaving said centerline: Thence S 00°26'55" W 2067.95 feet along said east line to the REAL POINT OF BEGINNING of this description, said parcel comprising 153.88 acres, more or less. Combined area Parcels I and II comprises 167.00 acres, more or less LEGAL DESCRIPTION FOR C-G ZONE ANNEXATION BRIDGETOWER CROSSING SUBDIVISION A parcel of land located in the NW '/4 of Section 35, the NE 1/4 of Section 34, the SE 1/4 of Section 27, and the SW '/4 of Section 26, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northwest corner of the NW '/4 of Section 35, Township 4 North, Range 1 West, Boise Meridian; thence N 88°58'19" W 25.00 feet to a AZ-01-003 point on the west right-of-way of Ten Mile Road, the REAL POINT OF BEGINNING of this description; Thence N 00°21'49" E 848.00 feet along said west right-of-way to a point; Thence S 88°58' 19" E 880.00 feet to a point; Thence S 00°21'49" W 848.00 feet to a point on the north line of the NW 1/4 of said Section 35; Thence N 88°58' 19" W 115.28 feet along said north line to a point; Thence S 01 °00'00" W 513.43 feet to a point; Thence N 88°58' 19" W 320.68 feet to a point; Thence S 00°53'19" W 156.05 feet to a point; Thence N 89°06'41 " W 443.04 feet to a point on the west right-of-way of Ten Mile Road; Thence N 00°53'19" E 670.56 feet along said west right-of-way to the REAL POINT OF BEGINNING of this description, said parcel comprising 27.73 acres, more or less. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho, Meridian, Idaho. This ordinance shall become effective on the day of , 2001. City of Meridian Mayor and City Council By: William G. Berg, Jr., City Clerk ZAWork\M\Meridian\Meridian 15360M\Bridgetower Crossing AZOI-003 PPO1-005 CUP01-006\SUMAZOrd.doc AZ-01-003 CENTRAL •• DISTRICT �1"HEUTH DEPARTMENT MAIN OFFICE - 707 N. ARMSTRONG Pl. - BOISE ID 83704-0825 . (208) 375 52 1 8500 To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our enviro nin r i 02-0158 March 20, 2002 David Navarro Ada County Recorder 650 Main Street Boise, ID 83702 RE: Bridgetower Crossing Subdivision Dear Mr. Navarro: RECEIVTEI MAR 2 2 2002 City of IVMeridiar, City Clerk Office Central District Health Department, Environmental Health Division, has reviewed and does approve the final plat on this subdivision for central water and central sewer facilities. Final approval was given on March 20, 2002. If you have any questions, please call. Sincerely, (� Michael H. Reno Senior Environmental Health Specialist cc: Department of Housing and Urban Development City of Meridian Primeland Development Briggs Engineering MR:rlw Ada / Boise County Office 707 N. Armsrong PI. Boise. ID 83704 Enviro. Health: 327-7499 Family Planning: 327-7400 Immunizations: 327-7450 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. 1 st Street P.O. Box 1448 McColl, ID. 83638 Ph.634-7194 FAX: 634-2174 OCT interoffice City of Meridians MEMORANDUM City Clerk ®ffiet- To: William G. Berg, Jr. From: Wm. F. Nichols Subject: PRIMELAND DEVELOPMENT CO., LLP FOR BRIDGETOWER CROSSING SUBDIVISION / REVISED AZ FINDINGS AND DEVELOPMENT AGREEMENT AND REVISED CUP FINDINGS File: AZ-01-003 and CUP-01-006 Date: October 4, 2001 Will: Attached you will find the new revised, originals of the -Az Findings, red -lined and clean, Development Agreement and CUP Findings for Bridgetower Crossing Subdivision. Please replace these documents with any previous documents sent to your office in this project. These revisions were prepared per the Council meeting held on Tuesday, October 2, 2001. The Development Agreement is now ready to obtain the correct signatures, and then the AZ Findings attached as Exhibit B. If you have any questions concerning Bridgetower, please give me a call. ZAWork\M\Meridian\Meridian 15360M\Bridgetower Crossing AZO1-003 PPOI-005 CUP01 006\BergRevisedAZandCUPFINDINGSandDEVAGMTMem 100401.doc BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF PRIMELAND DEVELOPMENT CO., LLP, THE APPLICATION FOR ANNEXATION AND ZONING OF 371.42 ACRES FOR PROPOSED BRIDGETOWER CROSSING SUBDIVISION, LOCATED AT THE NORTHEAST CORNER OF TEN MILE AND MCMILLAN, MERIDIAN, IDAHO C/C 07-03-01 Revised 09-27-01 Revised 10-04-01 Case No. AZ-01-003 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on June 19, 2001 and continued until July 3, 2001, at the hour of 6:30 p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing on behalf of the Applicant was: Becky Bowcutt, and appearing in opposition and/or with comments or concerns were: Margaretha English, Brian English and Tom Anderson, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER CROSSING SUBDIVISION — (AZ-01-003 ) and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to 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 that 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 comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1. 3. The City Council takes judicial notice of its zoning, subdivisions and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER CROSSING SUBDIVISION - (AZ-01-003 ) 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 adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance establishing the Impact Area Boundary. 4. The property which is the subject of the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. 5. The property is approximately 371.42 acres in size and is located at the northeast corner of Ten Mile and McMillan. The property is designated as Bridgetower Crossing Subdivision. 6. The owners of record of the subject property are E.L. Bews of 5204 Sorrento Circle, Boise, Idaho 83704, Young Lands, Ltd. (represented by Harry D. Young) of 2420 Ustick Road, Meridian, Idaho 83642, and Brad and Chandos Hoaglun of 2430 Ustick Road, Meridian, Idaho 83642. 7. Applicant is Primeland Development Co., LLP 1111 S. Orchard, Suite 155, Boise, Idaho 83705. 8. The property is presently zoned by Ada County as RUT, and consists of agricultural with 4 existing single family dwellings and accessory buildings. 9. The Applicant requests the property be zoned as R-4 and C-G. 10. The subject property is bordered to the north, east and west by Ada FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER CROSSING SUBDIVISION — (AZ-01-003 ) County zoned property and to the south by R-4 zoning. 11. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 12. The entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 13. The Applicant proposes to develop the subject property in the following manner: a large phased mixed use project involving 5 commercial lots, 259 single family residential lots, 59 townhouse lots, 8 office lots, 10 commercial lots and 58 common lots. 14. The Applicant requests zoning of the subject real property as R-4 and C- G which are consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single -Family Residential and Commercial Mixed Use. 15. There are no significant or scenic features of major importance that affect the consideration of this application. 16. The City Council recognizes the written concerns of Brian and Margaretha English dated April 19, 2001. 17. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER CROSSING SUBDIVISION — (AZ-01-003 ) not impose expense upon the public if the following conditions of development are imposed: A. Based upon the testimony of Becky Bowcutt, the Applicant's representative, and the widely recognized need for infrastructure improvements sooner, rather than later, especially as it respects large developments, the Owner/Developer, as condition of annexation and zoning, shall participate in the negotiations with Ada County Highway District, and shall become a party to any eventual agreements worked out by the developer/ACHD Group. Therefore, as a condition of annexation, and as a condition of the Development Agreement, Applicant shall participate in any road infrastructure agreements negotiated with ACED and shall faithfully perform the terms of such agreement or agreements. AND Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 2. The Applicant is proposing that seven (7) lots in the preliminary plat and Phase 1 annexation applications be approved as office lots (Lots 25, 26 and 29 of Block 14 and Lots 22, 23, 25, and 26 Block 23). However, the current Comprehensive Plan does not support 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 shall be annexed with an R-4 zone but shall be restricted from obtaining any building permits until the lots are formally rezoned to the L-O zone or the PUD ordinance is amended. The Commission does support the concept of incorporating other uses besides residential FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER CROSSING SUBDIVISION — (AZ-01-003 ) as part of this development. 3. 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 shall be developed within the City limits to receive city services and the school shall 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.) 4. 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) shall occur only through the Conditional Use Permit process. 5. 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. 6. 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 shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. The located White Trunk will not be required to be tiled if it will be made into, and maintained, as a water amenity. 7. Any existing domestic wells and/or septic systems within this project shall 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. 8. 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. 9. Two -hundred -fifty- and 100-watt, high-pressure sodium streetlights shall FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER CROSSING SUBDIVISION — (AZ-01-003 ) 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. 10. 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. 11. Off-street parking shall be provided in accordance with the City of Meridian Ordinance 11-13 for use of property. 12. 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 shall be permitted. 13. Provide five -foot -wide sidewalks in accordance with City Ordinance Section 12-5-2.K. 14. All construction shall conform to the requirements of the Americans with Disabilities Act. Adopt the Recommendations of the Ada County Highway District as follows: 15. 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. 16. 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. 17. 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. Page 7 FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY SUBDIIVAINS ONE (AZ-01 003 ) CO., LLP / BRIDGETOWER CROSSING 18. 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. 19. 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. 20. 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 with signage plan with District staff. The access restrictions for these street segments shall be stated on the final plat. 21. 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. 22. Construct two driveways off Belltower located approximately 230-feet east of Ten Mile Road on both the north and south sides of Belltower Drive. 23. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER CROSSING SUBDIVISION — (AZ-01-003 ) extended into this site. 24. 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. 25. 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. 26. 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. 27. 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. 28. Streets within the subdivision shall align or offset a minimum of 125- feet from any proposed public street. 29. Construct the turnarounds to provide a minimum turning radius of 45- feet. 30. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER CROSSING SUBDIVISION — (AZ-01-003 ) 31. 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. 32. 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. 33. 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. 34. 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. 35. 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. 36. 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. 37. 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. 38. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER CROSSING SUBDIVISION — (AZ-01-003 ) 39. 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. 40. 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. 41. 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. 42. 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. 43. 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. 44. 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. 45. 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 shall coordinate the design of these FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER CROSSING SUBDIVISION — (AZ-01-003 ) improvements with District staff. 46. 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. 47. 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. 48. Relocate the Settlers Canal outside of the new right-of-way of McMillan Road to provide adequate space for future road widening. 49. All irrigation facilities shall be relocated outside of the new right-of-way on McMillan Road, Ten Mile Road and Ustick Road. 50. All utility relocation costs associated with improving street frontages abutting the site should be borne by the developer. 51. 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. 52. 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. 53. Additionally, the Applicant shall comply with all of ACHD's Standard Requirements listed in their letter dated April 18, 2001. Adopt the Recommendations of the Settlers Irrigation District as follows: 54. The White Drain may be relocated as an open water amenity if the City of Meridian agrees to an indemnification agreement with Settlers Irrigation District. Also, an Operation and Maintenance agreement for FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER CROSSING SUBDIVISION — (AZ-01-003 ) the White Drain shall be required between the developer and Settlers Irrigation District. 55. Drainage water from this proposed development may be accepted into the White Drain under certain water quality standards set forth by DEQ, ACHD, and Settlers Irrigation District. 56. The water storage pond for the pressurized irrigation system is the only pond that could be constructed as part of the White Drain as long as an Operation and Maintenance agreement is in place between the developer and Settlers Irrigation District. Additionally, the Applicant shall be required to comply with the actions of the City Council from their July 17, 2001 meeting as follows: 57. The White Drain Sewer Trunk easements are necessary and shall be within the City limits. 58. 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. 59. Applicant to coordinate with Tom Anderson the fencing that will go along the west property line of the Tom Anderson's property. 18. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER CROSSING SUBDIVISION - (AZ-01-003 ) 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". 19. It is found that if the developer pays for the requested improvements nd complies with the conditions set forth in these Findings of Fact No. 17, and all sub -parts, the economic welfare of the City and its residents and tax and rate payers will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 20. It is also found that the development considerations as referenced in Finding No. 17 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER CROSSING SUBDIVISION - (AZ-01-003 ) in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 21. It is found that the zoning of the subject real property as Low Density Residential District (R-4) and General Retail and Service Commercial (C-G) require connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single -Family Residential and Commercial Mixed Use. 22. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: 22.1 The consideration of the provisions of the Comprehensive Plan and the requirements of the zoning ordinance assure that the processing of such application is the management of growth with the aim to achieve high - quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to all applications such as the subject application. 22.2 This proposed new growth development will finance public service expansion by the requirement herein that the applicant comply with the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER CROSSING SUBDIVISION - (AZ-01-003 ) requests submitted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this matter. 22.3 The application is consistent with Meridian's self identity. 22.4 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application. 22.5 Compliance with the requests of the political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. 22.6 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application. 23. The property can be physically serviced with City water and sewer. 24. Additionally at the City Council meeting held on July 3, 2001, in the testimony of the Applicant's representative, Becky Bowcutt, Ms. Bowcutt testified that the Applicant, together with other developers with property interests in the area constituting the northern twelve square miles of Meridian's Area of Impact, are in negotiations with the Ada County Highway District to find creative ways to more rapidly construct road improvements, and especially road way widening projects, intersection improvements including signaling, designation of collector locations, etc. Topics in the negotiations included exploring ways for the developers to be able to FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER CROSSING SUBDIVISION — (AZ-01-003 ) dedicate additional right-of-way to Ada County Highway District, but deferring payment back to the developer from ACHD until a later date when Impact Fees are paid, from any future developers, within the area for the additional dedicated arterial right-of-way. Ms. Bowcutt also indicated that the developers and ACHD are trying to devise a system where the developers would be the constructing entity for road infrastructure, and the same developers would then receive a reimbursement from ACHD Impact Fees, or other revenues, in a mechanism very similar to Late Comer Fees paid back to developers who install municipal sewer and water lines. Therefore, as a condition of annexation, and as a condition of the Development Agreement, Applicant shall participate in any road infrastructure agreements negotiated with ACHD and shall faithfully perform the terms of such agreement or agreements. CONCLUSIONS OF LAW The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER CROSSING SUBDIVISION - (AZ-01-003 ) policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of 'Comprehensive Plan, City of Meridian, adopted December 21, 1993, Ord. No. 629, January 4, 1994.' 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.A The Goals of the Comprehensive Plan are set forth at Page 5 and include: 4.1 To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies, which deal with area -specific policies and programs. 4.2 To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of new housing units within the Urban Service Planning Area. 4.3 To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. 4.4 To provide housing opportunities for all economic groups within the community. 4.5 To preserve and improve the character and quality of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER CROSSING SUBDIVISION — (AZ-01-003 ) Meridian's man-made environment while maintaining its identity as a self-sufficient community. 4.6 To encourage cultural, educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residents of the City. 4.7 To provide community services to fit existing and projected needs. 4.8 To establish compatible and efficient use of land through the use of innovative and functional site design. 4.9 To encourage a balance of land use patterns to insure that revenues pay for services. 4.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. Additionally, the following goals and policies are relevant to this application and they are as follows: Economic Development Chapter Policies 3.1 U, 3.2U Land Use Chapter Policies 2.1U, 2.2U, 2.3U, 6.3.c. Natural Resources and Hazardous Areas Chapter Policies 1.1 U, 2.1 U, 2.5U, 3.1 U, 4.1 U Transportation Chapter Policies 1.6U, 1.9U Open Space, Parks Sz Recreation Policies 3.1, 5.3 Housing Chapter Policies 1.3, 1.4, 1.7, 1.12, 1.13U, 1.18 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER CROSSING SUBDIVISION — (AZ-01-003 ) Community Design Chapter Policies 1.8, 5.2U 5. The zonings of Low Density Residential District (R-4) and General Retail And Service Commercial District (C-G) are defined in the Zoning Ordinance at § 11-7-2 C. and K. as follows: (R-4) Low Density Residential District: Only single-family dwellings shall be permitted and no conditional uses shall be permitted except for planned residential development and public schools. The purpose of the R-4 District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible nonresidential uses. The R-4 District allows for a maximum of four (4) dwelling units per acre and requires connection to the Municipal water and sewer systems of the City. (C-G) General Retail And Service Commercial District: The purpose of the C-G District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel - related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal water and sewer systems of the City, and shall not constitute strip commercial development and encourage clustering of commercial development. 6. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is not required for Applicant to construct and develop a possible single-family residential development. 7. Since the annexation and zoning of land is a legislative function, the City FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER CROSSING SUBDIVISION — (AZ-01-003 ) has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 8. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2- 4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems. 9. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinances of the City of Meridian. 10. Section 11-16-4 A of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. Unless the commitment is modified or terminated by the City Council, the commitment shall be binding on the owner of the parcel, each subsequent owner, and each other person acquiring an interest in the property. A commitment is binding on the owner of the property even if it is unrecorded; however, an unrecorded commitment is binding on subsequent owners and each other person acquiring an interest in the property only if the subsequent owner and each other person acquiring an interest in the property has actual notice of the commitment. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER CROSSING SUBDIVISION — (AZ-01-003 ) FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 371.42 acres to Low Density Residential District (R-4) and General Retail And Service Commercial District (C-G) is granted subject to the terms and conditions of this Order hereinafter stated. Additionally, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 22 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER CROSSING SUBDIVISION — (AZ-01-003 ) shall be subject to all applicable Ordinances unless otherwise approved under the original Planned Unit Development application". 2. The application is for annexation and zoning of 371.42 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer enter into a Development Agreement that provides in the event the conditions therein are not met by the Developer that the property shall be subject to de -annexation, with the City of Meridian, which provides for the following conditions of development, to -wit: A. Based upon the testimony of Becky Bowcutt, the Applicant's representative, and the widely recognized need for infrastructure improvements sooner, rather than later, especially as it respects large developments, the Owner/Developer, as condition of annexation and zoning, shall participate in the negotiations with Ada County Highway District, and shall become a party to any eventual agreements worked out by the developer/ACHD Group. Therefore, as a condition of annexation, and as a condition of the Development Agreement, Applicant shall participate in any road infrastructure agreements negotiated with ACHD and shall faithfully perform the terms of such agreement or agreements. AND Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 23 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER CROSSING SUBDIVISION - (AZ-01-003 ) 1. Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 2. The Applicant is proposing that seven (7) lots in the preliminary plat and Phase 1 annexation applications be approved as office lots (Lots 25, 26 and 29 of Block 14 and Lots 22, 23, 25, and 26 Block 23). However, the current Comprehensive Plan does not support 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. The Commission does support the concept of incorporating other uses besides residential as part of this development. 3. 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 shall be developed within the City limits to receive city services and the school shall 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.) 4. 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) shall occur only through the Conditional Use Permit process. 5. 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. 6. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 24 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER CROSSING SUBDIVISION — (AZ-01-003 ) be tiled per City Ordinance 12-4-13. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. The located White Trunk will not be required to be tiled if it will be made into, and maintained, as a water amenity. 7. Any existing domestic wells and/or septic systems within this project shall 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. 8. 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. 9. Two -hundred -fifty- and 100-watt, high-pressure sodium streetlights shall 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. 10. 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. 11. Off-street parking shall be provided in accordance with the City of Meridian Ordinance 11-13 for use of property. 12. 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 shall be permitted. 13. Provide five -foot -wide sidewalks in accordance with City Ordinance Section 12-5-2.K. 14. All construction shall conform to the requirements of the Americans with Disabilities Act. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 25 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER CROSSING SUBDIVISION — (AZ-01-003 ) Adopt the Recommendations of the Ada County Highway District as follows: 15. 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. 16. 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. 17. 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. 18. 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. 19. 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. 20. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 26 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER CROSSING SUBDIVISION — (AZ-01-003 ) sections with curb, gutter and 5-foot wide concrete sidewalks. Parking shall be prohibited on these street segments. Coordinate with signage plan with District staff. The access restrictions for these street segments shall be stated on the final plat. 21. 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. 22. Construct two driveways off Belltovver located approximately 230-feet east of Ten Mile Road on both the north and south sides of Belltower Drive. 23. 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 To,,verbridge Way, shall be extended into this site. 24. 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. 25. 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. 26. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 27 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER CROSSING SUBDIVISION — (AZ-01-003 ) association. Notes of this shall be required on the final plat. 27. 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. 28. Streets within the subdivision shall align or offset a minimum of 125- feet from any proposed public street. 29. Construct the turnarounds to provide a minimum turning radius of 45- feet. 30. 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. 31. 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. 32. 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. 33. 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. 34. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 28 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER CROSSING SUBDIVISION — (AZ-01-003 ) 35. Construct a 30-foot ,,vide driveway on the east side of Ten Mile Road located approximately 440-feet north of McMillan Road to serve the commercial lot, as proposed. 36. 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. 37. Construct a 30-foot ,,vide driveway on the north side of McMillan Road located approximately 440-feet east of Ten Mile Road to serve the commercial lot, as proposed. 38. 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. 39. 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. 40. 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. 41. 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. 42. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 29 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER CROSSING SUBDIVISION - (AZ-01-003 ) lanes with District staff. 43. 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. 44. 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. 45. 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 shall coordinate the design of these improvements with District staff. 46. 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. 47. 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. 48. Relocate the Settlers Canal outside of the new right-of-way of McMillan Road to provide adequate space for future road widening. 49. All irrigation facilities shall be relocated outside of the new right-of-way on McMillan Road, Ten Mile Road and Ustick Road. 50. All utility relocation costs associated with improving street frontages abutting the site should be borne by the developer. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 30 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER CROSSING SUBDIVISION — (AZ-01-003 ) 51. 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. 52. 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. 53. Additionally, the Applicant shall comply with all of ACHD's Standard Requirements listed in their letter dated April 18, 2001. Adopt the Recommendations of the Settlers Irrigation District as follows: 54. The White Drain Sewer Trunk easements are necessary and shall be within the City limits. 55. 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. 56. Applicant to coordinate with Tom Anderson the fencing that will go along the west property line of the Tom Anderson's property. Additionally, the Applicant shall be required to comply with the actions of the City Council from their July 17, 2001 meeting as follows: 57. The White Drain Sewer Trunk easements are necessary and shall be within the City limits. 58. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 31 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER CROSSING SUBDIVISION - (AZ-01-003 ) 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 59. Applicant to coordinate with Tom Anderson the fencing that will go along the west property line of the Tom Anderson's property. 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". 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-4) Low Density Residential District and (C- G) General Retail And Service Commercial District, and Meridian City Code § 11-7-2 C. and K. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 32 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER CROSSING SUBDIVISION — (AZ-01-003 ) appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11 -2 1 -1 in accordance with the provisions of the annexation and zoning ordinance. 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 is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who 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 of 2001. ROLL CALL COUNCILMAN RON ANDERSON COUNCILMAN I<EITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE McCANDLESS FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER CROSSING SUBDIVISION - (AZ-01-003 ) 2 NO _ day VOTED�� VOTED VOTEDA, VOTED a bf_e� Page 33 MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: Ic2 — Z — O MOTION: APPROVE DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. 1 By: Dated: L City Clerk ZAWorkWf\Meridian\Meridian 15360Wridgetower Crossing AZO1-003 PP01-005 CUPO1-006\AZFfClsoi$erCLEAN10040.1 d6c FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 34 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER CROSSING SUBDIVISION - (AZ-01-003 ) Sep 18 01 04:3Bp Sep 18 01 11:04a p.2 Settlers Irrigation 208 343 1642 p.2 SETTLERS' IRRIGATION DISTRICT P.D. BOX 7571 • BOIGe, CAHO B3707 PHONE 344-2471 September IS. 200 i Becky Bmvcutt Planning Services Becky Bowcutt 11283 W. Ffickor<; Dale Boise,ldaho 83713 Re: Bridgeiower Subdivision Dear Becky: u RECEIVED SEP 18 2001 CITY OF MERIDIAN "This Jotter is to inform you that the Board of Directors for Settlers Irrigation District will reconsider its position concerning the White Drain, and drainage water from the development if these following conditions are met: I_ 'rile White Drain maybe relocated as an open water amenity if tile City of Meridian agrees to an indemnification agreement with Settlers Irrigation District. Also, an Operation and Maintenance agreement for the White Drain will be required between the developer and Settlers Irrigation District- 2. Drainage water from this proposed development may be accepted into the Whitc Drain wider certain water quality standards set forth by DEQ, ACND, and Settlers Irrigation District. 3. The eater storage pond fir the pressurized irrigation System is the only pond that could be constructed as part of the White Drain as long as an Operation and Maintenance agreement is in place between the developer and Settlers Irrigation District. If you any questions, please call meat 343-5271. Sincerely, 1' Nathan Draper. Manager Settlers hnigation District SEP 18 101 16:35 PAGE.02 Sep 18 ol 04:38p SEP le '01 16:35 PAGE.01 BECKY BOWCUTT PLANNING SERVICES September 18, 2001 City of Meridian Attn: Meridian City Council 660 E. Watertower Lane, Suite 200 Meridian, Idaho 83642 12715 W. Edna Ct, Boise, Idaho 83713 Phone: 484-3904 Fax: 376-8713 RECEIVED SEP 18 2001 CITY OF MERIDIAN Re: Bridgetower Crossing Project (Additions to the Development Agreement and Findings of Fact & Conclusions of Law Dear Council Members: Some concerns have been expressed that some additions and modifications to the Development Agreement and Findings of Fact & Conclusions of Law should be made prior to the adoption of these documents. I would like to attempt to address these issues so we may complete the approval process. Based upon the comments made by Council member De Weerd on August 8, 2001, the following issues need to be clarified: Annexation & Zoning Findings of Fact & Conclusions of Law (Page 5, Section 17, Item A) "Based upon the testimony of Becky Bowcutt, the Applicant's representative, and the widely recognized need for infrastructure improvements sooner, rather than later, especially as it respects large developments, the Owner/Developer, as condition of annexation and zoning, shall participate in the negotiations with Ada County Highway District, and shall become a party to any eventual agreements worked out by the developer/ACHD Group. Therefore, as a condition of annexation, and as a condition of the Development Agreement. Applicant shall participate in any road infrastructure agreements negotiated with ACHD and shall faithfully perform the terms of such agreement or agreements." Council Member De Weerd's question on August 8 was should Section 17 be expanded to include the other issues being discussed in the North Corridor Planning Process? Since the conditions emphasis is strictly on transportation. In reviewing the minutes from the July 3, 2001, public hearing on Bridgetower Crossing, it is apparent that the discussion was focused on the transportation issue. At that time the major concern was providing the necessary roadway infrastructure in a timely fashion to handle the traffic generated by this development and other future developments. Since the July 3 Council meeting, the North Corridor Planning Process has been expanded to include other public services (i.e.. schools, parks, fire protection, police protection, pathways, etc.). and land use issues. The Bridgetower Crossing project has incorporated this concept by including a elementary school site, a seven acre private park, collector roadways, public pathways and mixed land uses. We are actively involved in the North Corridor Planning Process. We are participating in all meetings and workshops and contributing financially for the cost of the consultants. We believe the condition as written reflects the desire of the Council and mirrors the discussion that took place at the July 3 Council meeting approving the project. 2. Preliminary Plat Findings of Fact & Conclusions of Law - (Page 7, Section 4, Item a) "There is currently no stub street provided to the 9.16 acre enclave (consisting of 3 separate parcels with frontage on McMillan Road) that is not a part of this subdivision. Quintale Avenue shall be stubbed to the southern boundary of either the Anderson or Kelso property to provide for future connectivity when these parcels re -develop in the future." Council Member De Weerd's comment on August 8 questioned the strength of the language and the if additional information needed to be included. The condition states the applicant "shall" provide a stub street. This is a mandate which cannot be disregarded. The applicant has also provided two lot concepts for possible re -development of the three parcels. We provided the option of a stub street to the south or east boundaries of the out parcels. Mr. Anderson indicated that his preference would be a stub street to the south because he has the largest parcel and the other property owners may choose not to re -develop. I have incorporated the southerly stub street and have informed Mr. Anderson that we will coordinate the location with him and his engineer. Therefore, we believe the condition is accurate and binding as written. Conditional Use Permit Findings of Fact & Conclusions of Law - (Page 6, Section 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 both to 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 address this issue with the Parks & Recreation Department. Council Member De Weerd's question concerning this condition was the clarity and the issue of the first phase of the Bridgetower project. The developer indicated that he was open to the idea of the proposed pathway along the White Drain being dedicated to the public. It is the desire of Settlers Irrigation District that this pathway be public and the City enter into an agreement with District to indemnify them -of liability. The first phase of Bridgetower was required to provide a micro -path connection from the residential loop to intersect with Five Mile Creek. The developer was not required to provide a pathway along the Creek since that property is not owned nor a part of the development. The City has recedly ititproved the existing roadway along the north side of the Creek adjacent to phase one with Five Mile sewer relief line installation. New gravel was added and compacted along that section. The area of Bridgetower Crossing which adjoins the Creek along the east boundary will be improved to provide vehicular access to NMID and pedestrian access. This linkage will also include the Creason Lateral easement area. A 12 foot asphalt path which will double as a pedestrian path and NMID access will be provided along the Creason and will intersect with the Five Mile Creek roadway. We will coordinate all locations and improvements with the Meridian Parks & Recreation Department. Therefore, the condition as written should be acceptable. We appreciate the opportunity to address these issues. Sincerely, 4 4�7' Becky L. Bowcutt Sent By: Planning & Zoning; 208 888 6854; Apr-12-01 3:48PM; page 1 To: City Clerk At: 8884218 8 $ln ADA C'C)UNTY HIGHWAY DIS"IRIC'T e , Planning and Development DiVlSion DeVelopmear Application Report Prclitttflat •- Rrid"Ietower CrossingiWIPP 1I-005 Ten Mile"MCNlillan Koad 3.36-lots 1111s application has been relerred to A(UD by rile City of Nlcrielian for revlc�v and aouuncitt. SLZkjf i recommending approval ol'u preliminary plat for ;i ) 36-lot residential, cotnntcrcia). an(I ofilcc suhdi,,ision on I7 .41-acres• The 175.91 acre site is 1000Ted at the suurhOast corner of Fell Nlilc and N10,1111an Road. The Opplicrint suhmitled lieu' Sep u41t applications, Ind stafl' is c)nlv cu�iiincniin�� on the proposed plat at this tirne, this development (only the prelitttin 1r-y plat) is eslinwtcd to (,t:ner.ai: up to 12,118 vehicic trips her day y haSell (1n the suhmiltcd naffic stud}. This item is on the regular agenda duC to the naturC of the traflic issues surrounding. (lie site. Roads impacted by this development, I1sti.ck .Road Ten Mile Road McMillan Road Linder Road ACTID Commission Date April 18. 2001 11:00 p.m. I FGULAR AGENDA ITEM Facts and Findings: A. GenerallnlOrmatlon Owner E.L. Bews, C;handos fluaglun & Young lands, l.td Applicant — Primeland Development Co LLP RLTI & R-4 - Fxisting zoning 175.91- Acres 3.36 - Proposed huilelin.; lots ?59-Single tinnily lots 59- I ownhonic lots 8-Office lots I0-Commercial w4 38-Propusecl a�mnl�m iota a1�,�� b 349.000-Selttare fCL:[ of oiYicc I05.000-S(Iuare feet (Wcouuucrci;1l APR 2001 City of M City cj,r L chap Office N Icridi,ui - I111hact FCC SCI"\ ice \rea \Vest AozI - Imprict FCC AssussIiienl District t;ii�l cw��cv �nuu APR 12 '01 16:01 208 Bee 6854 PAGE.01 Sent By: Planning & Zoning; 208 888 6854; Apr-12-01 3:48PM; Page 2 136dgetower Crossing Subdivision Ten Mile Road, McMillan Road. Ust:ck j2-4 cla 1000 0 1000 2000 Foot 14r��1_cl cr Vmm APR 12 101 16:02 208 888 6954 PAGE.02 sent By: Planning & Zoning; 208 888 6854; Apr-12-01 3:48PM; 1-401, Page 3 UaicI. Load 1 r,tick Rn,ul is,t minor arterial ��itlt hike lone dt icnation I'rallic cOunt c ut ()stick 1�ua(.i wesr of r.indej- Roi id mas • ;)Hun hf 1 G/U0 Better th;)n "(:"-Uxisting Level of Sut'� ice '-L•'xiaing plus project build -out l.cL-cl ufS�r� ice; 700-feet of frontage 50-feet existing, right-Of=wad (25-t%:et lrottt centerline) 96-feet required rigyht-cri=way (48-feet fiom cecuerline) 1.1stick Road is improt ,ed xN"ltlt lv�o traffic I,,nt�c t�ith no curb. site.I `oiler or tiitlu��alk ahc,tlirr� th Ile 1 fstielc Road with l'en Niilc Road and Linder Rudd are tofu'-�t IV.. controlled, The applicant is ni,t prupt»in,� ,.env new access polllts to 1_r•stirk Ro.1o. 'STOP irn-M i l e Roscl Ten Mile Road is a minor arterial with bike lane de`ign,11' t raftic counr on Ten Mile Road north of Ustick was 2.168of S/f 1/99 13etter than 4`C---L1x1stin,9 t,evel of Service Better than " C Fxisting plus project build -out I evel of Servicc 2.600-feet of li'()ntagc 50-feet existing right -of way (25-feet from centerline) 96-feet required right-ofway (48-feet irtlnl centerline) Ter' Mile KWd is irr'proved with two traffic lanes with no curb, site, l'lle applicant is proposing to construct one public street and tthrceILter rd ew-ays to acce stfte Fell Mile Road. McmWaU,PjjaL McMillan Road is a minor arterial with hike lane designatiun Traffic count on McMillan Road west of Linder Road was 1.133 on 9/13/00. Better than "C" -E'xisting bevel of Service Better than -,C"' -Existing; phis proiect bttild-ctut l.cvC) of Service I,?.40-feet of frontage 50-feet cxistin`► right-ol=way (25-1'eet from centerline) 96-teet required righr-of=wily (48-feet (iota centerline) McMillan Road is impru�ed Wjth L��o traffic lanes with no curb, site. l he MCN'lillan RuaWl.inder Road intet:sectiort is lirur-w�l �"Ll" "Or sidew !klUhccttin�, tltc IVir.Millan koiul.'!cn Milt; Road intersection is itiu-wziv S FOP cmirtulled un1v tits tltc 1Vlc,lvlillatt Roue! approache,. 'flue applicant i; rropexiu►r tci ciN1Sl1-uCt Ogle public Stt'ccI and three I •'t to access McMillan Road. c t t ��trtvs E'3ri�lg�ru��t,•;,�,u�n APR 12 '01 16:02 1 208 888 AASd onrri- Sent By: Planning & Zoning; 208 888 6854; Apr-12-01 3:49PM; � C � Page 4 Li►)dct LWacl i.inder rZoad IOr arterial wirlt hike lane Lies I911 tion Traffic count on r.in,ier Road riurtlr of Ustick Road avas ;.(th/ nn � _','OU Better than"istino Level ol'Scrvicc C`-l;xistin, plus hruiect build-(,ut l.,cyel cif Service 0,feet of 1'rontaL!c (whit this Plat application) Linder Road is improved with two traffic; Ianta with no curb. Luttcr or sidewalk abuttinL the Site. B. The applicant has Submitted tour sc:l)nrute application,,: I. NVAO1-001 - Plann;d jlnit L)cvclopillcnt 2. ti1 17.(11-(►0 3 -Annexation and zoning of 371.4'2-rocs from 1tt.r to R-4 cu►d C' G MPPOI-00 - Preliminary plat for 336 building lots tin i 75.91-acrua in proposed It-4 and G Zone 4. MC'UPO 1-006 - Conditional use permit 1brr 692 single-family lot, j4 tnwttlwmes, 17 office li►ts and 10 cornrriercial lots on 370.5S-acres in proposed It-4 and ('-C zone (it)cludcs lots ill preliminary plat) (The maps are labeled by application number.) C. Stal"I'is recommending that the Catltmis.ion act only on the plat ti)r 336 building lots un 175.91- acres. The conditional use permit includes 778 buildable lots, and may present traffic problems that stall'is not yet ready to address. The abutting roadways can handle the additional traffic generated by the preliminary plat alone. lbe remainder of the site (under the CUP application) includes 485 additional single-family lots, and an elementary school, and access to Linder (toad via a public street. ►). Staff has been receiving inquiries from developers in this nurthwcst Meridian area. Man_v developers are prepared to plat entire section -miles. and have site Pli.ttis developed. 1'hc preliminary plans generally include 700 to 900 residential lots. schools, anti c)ifice/commercial lots. However, the developers cannot submit their applications for these plans until their property han as annexation path to the Meridian city limits. 111e apPlicanCs iral'lie cu ineei'. and an engineer replesenting another developer in the area, realized Char the pt%. rntial For developme,u in this urea IS extreruc, and rl►iA the traffic intpacl studies tliat eaclr individual developer Stcrc subttlittin l devehoprnerlts lhttt 01'e "in tile' wi►rks-. !t you'Were to lru,k atteach d<<�lul,it,cnttittdiry 1ua11ti'r~ roitdwa� sytifc=nt is ctdciluute. but ►,:hen yc,u start adding u) a srcund or third lure' • life development. the tral-lii: c��pacities ttfthcsc rt►atlways ([Isiick Itc►�.ttl„%'IcNIiILJn Road. Ten Road. l.indel' Kuad) reach their 202O �►kannin�' thresholds. e Mile B3 iscd on etc, cl,,hrncm pattems in tins areCt. anti still)'has hired a u�rtsuhtmt lion► the "un-call' the cuneet't1 stu'r„tin�liu;' the ahuttin,' rt�<►d�.a,:. nurthw'estcrn 111cridi,ul aria li•ont U.SLIck Road tot(thtr►dent'lic,ulc�}tr I t,r„h r` t ltud\ uftlic one-half mile „VS1 „f Black (';)I Road. 1-I1c atudv is currenrl� in I)R and lit(►rnrom �tOhillc�ifl(�i�i1)I to Bric1_wtm rr.cnu►, APR 12 '01 16:02 Zoe 888 6854 PAnp Aa Sent By: Planning & zoning; 208 888 6854; Apr-12-01 3:49PM; Page 5 4 S. 6. 7. R. 9, 10, Stal'I. (.'icy of �IG'itlian stall, arltl C'OM1 ASS staffrcview rho prt�liminury linainc;:, F r�,Mt the end product oftltc study. staffanticipares i,ttplemeulin�J <tn extra -ordinary in,})acl lee v%•crlay dist,'ict lO Ir.11' It)r rtlad\�av httpruvettictIts (Ilt:,inly %Mletti,tg and trallic si��nuls) to thcst s lrroundin�l rotld�ti'ttys. titati'estimares that it vrill take three tO four mo,tttts to determine what imhrcwcl�ent5 need to be Made intn►edilitely to handle the traffic being these developntcnts. at1d to calculate do extraordutary lte to make those itnIDl'O e,,nc,lV,. I his current preliminary plat" rcvicv� would also be suhj, . to any extraordinary le District ntay impose. es rhat the St".tr recommcntls 1111[ thL C'utttnlnnission approve this ; h.lol I?relimi,tau}� pl:ar. bu! ;tclin �ltla�� T am fu►'ther develupnteMt rtpplic.)tiuns in this area (includiM ' tltc rcmaindcr Of this .itcl. until stuff has made a i-CcomnlcntlCIV. to 1�1eriiiian are;t tralTic study. [Ile C'atttntission tier road widcninr ,aild impact fees. hased on the This transportation system analysis has identified the following conclusions. The preliminary plat includes 259 Stolle-farnily residences, 59 senior housing t.nut5 and i49,000 sq ft of general office space. and 165.000 sq ft 01'commercial neighborhood shopp, center. The residential portion of -the site generates 2.652 daily vehicle trips or 277 vehicle tri the pp` duduringm peak hour. l he neighborhood shopping center site generates 5,S2.1 daily vehicle trips or 518 vehicle trips during the pm peak hour. The office sites generate 3,842 daily vehicle trips or 520 vehicle trips during the pm peak hour. None of the internal local streets exceed the planning threshold values for residential streets. The traffic volumes justify no redesigil of the internal local street system. Nwic of the internal collector streets exceed the planning threshold values for collector streets. .No additional collector streets are warranted by the traffic volumes 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 Rood is trot justified by the traffic volumes i"he private driveways/roadways abutting the office components provide adec}uaw site access. The traffic volumes do 1101 justify direct iM 1CCCss to the arterial Street system. The arterial street system o}Xrales at an acceptable level Ol'service under exisrin)4 condition;, n. The four arterial streets hordcring the site Operate at Level ice (LOS) of " C— or better under existing conditions. b. The four arterial street intersections bordering. the itc operate 'it an acceprable LOS or better under existi,tf: eonilitioits, o first phase of Cite I)ruj«[ ineludcs the build out of Only Ihe` residential aril i)Ilice ct)mf>uncntti, Under this level Ofde%clopment. U. The Iotir artt:rW1 Streets hu,Yl�l Ins t11c hotter utitle UpCrilll at f.eL Cl ()f'Srl ice (I.O wilder e�i.lu,' plus i?t'ujcct condition;. h. I he MCM111a,t Road intersectic)I)s %kith Linder Road and ten Mile Ro,itl vreraw ,it cM accehtuhle I .( )ti C' Or hotter under esistiMg plus project cuntlitiOn.. Rr1d,tiL: uwQr.cnm, APR 12 '01 16:03 20e 888 6854 PAGE.OS Sent By: Planning & Zoning; 208 888 6854; Apr-12-01 3:49PM; Page 6 _J C. The ltsticl: Iload intersection, with Linder Etoat! ;trail i ell 1\ rile Road operaty <11 an unaccelltt1ble level oCsert•icC under c�i<aillu plus project cCmditions. L;uth intersectiOns will retluire traffic sistlttls if the residential and office portions of this project arr ConlplCtetl �� ithin live years. Added icll-turn lanes ,I V Deeded on each intersection approach. . The second phase oi� the prC)iccl includes the build out of the neighbt►rhood shoppinL CCtuer oil the parcel north of McMillan Road. Under this lc�cl of d .vClop111ellt: a. The four arterial streets horderina the Si IC operate at l.evcl of Service (i'OS) of (. ot- better under CM.",6112 plus pro jcCt londikions. b. The Ustick Road irllersections with Linder koad and tort lllile Road +ill continue to operate Willi an acceptable level ofservicc. c. The McMillan Road iilterarctions I..inder Road and Ten Mile Rood operate al an acceptable f.QS (, or better under existing plus project Curlditiolls. Added ich turn 1i111 are needed on each intersection approach, The McMillan/'fell Mile irltersvCtion will mquire conversion to gall -way S-i UP control. 12. The neighborhood shopping center has adeyuatC site accc.S through the lour proposed driveways. 13. The McMillan Road intersections with Linder Road and I en Mile Road will not I'eiiuire traffic signals at the completion ol•thc neii•rllborhood shopping center, 14. Construct center turn lames on Ustick Read, binder Road and Ten Mile Road x the collector• street intersections. 15. The AC'Nn Policy Manual identifies a 29-foot collector street as section C2-N.P. "This street section is appropriate for this project, 1'he Collector roadways will require widening to 36-feet at intersections to allow for a center tell -turn lark. SITE F. The proposed Subdivision will have access to Ten Mile Road, McMillan Road and Ustick Road via public streets; and will have access to fen Mile Road and McMillan Road via driveways to the office/commercial lots. t.�. The applicant is proposing to construct the. main entrance to the subdivision on TCIZ Mile (load located approximately 1/3-mile south 01,IVicMillan Road. The proposed location conforms to UisUict policy. "'hc cntl ince should he designed with 21-1itot street sections oil citllcr side of 1l center median. The median should fir cunstrttctcd a minimum of 44 ct Nkide (but rto lamer than I2-feet wide) to total a minimum ofn I00-stluarC foul area. 1'hc Applicant ��-11 be required to dedicate ri`,Irt-ol=way plus the additittnal wicatll ul thr mrdiatl. The Applicant is l)roposin� to construct the nlairt vlitrance co the Ltm nhousc portion Of Ilti• subdivision oil Nfcfvlillttn Ro,xi loeal�d aphro�itrtatel)' 900_1eet east ofTen Cn Mile Road The pl'Oposed locution contitrnls to f)istrict polio . i Ile entrance Should be de si�ticd �� ilh ) i -ti)ol street sections on either side ofa cenlel' ineditut. 'I he Incdian should he constructed a minininttl ol'4-feet wide (but no larcicr than 1 '-Feet %\ RIC) to lotal a Immi rum ofa 1!)U-�tluarc ti�rrr area. 'I he applicant I he regttircd to detlic:otc .: -feet ofright-of-\�ilti plus rhC addiliotl�tl wi�l(h ul the meili�ln. _ t3ritt._�'Iott Cl".� In 111 APR 12 '01 16:03 V 208 888 6854 pcarp ma Sent 13y: Planning & Zoning; 208 888 6854; Apr-12-01 3:50PM; Page 7 �...� Nwe ( be allplicittlt is not pr(spOsillu Ill cullncct the sim le-liulul� re<i�l�nti�tl Jl,�tliott >fthc uhdivisiotl Mill the t�)wnhouse portion of the subdivision in illl efjl )►t to prevent cut-thrc�u�,h ttuf'tic to til041111u Road. The applicant's t.ral'lic enC;incer sti,,csls that this prupr►sud design clitnillate nci9hho"llOod cut -through, StaiTrecununends that the City reduirc it pede man pathway beoxcetl the single-1111ily and townhouse lots to Road. isle pedestrian access to McMillan The applicant is proposing to construct [3elltowor Dri'isve tttd [c)uet'bridre bV�ty through the site da . Front -on collcctnr:5 because tilt uuticip�lted lrtaffic vcrlu111CS exceed I-000 vehicle trips per dav, Front -on housing is prohibited on residential collectors, I)iarict polick requires that these >ireet sectnents be cc►ltstructeci ns 36-loot street sections with cut•h. gutter aniJ -lix►t wtdo concrete sicle�%alks. Unless othcr%vi e noted, parking should he prohibited segments. thesetri el s segments. (•oordirtate the signace titan with iistrict stall. I he access restrictions these street segments should be stated on the final plat. ti. The applicant should be required to provide directional si rgn�t`_o or► Relltowrr Drive where thoroadway diverges amend the water anlcttity. This signa`e is necessary to guidi; motorists in the proper direction. Coordinate the de$1011 of the sirnrige plan with Traffic Services staff L. The applicant is proposing to construct two driveways oJ'J 8cIltowcr Drive to serve the office/comillercial lots. The driveways are I0catc(l approxirnately 230-feet cast oJ'Ten Mile Road on both the north and south side of Belltower Drive. 7'he proposed driveway locations conform to District policy and should be constructed as proposed. M. The applicant is ptuposi,19 to connect to two existing; stub streets that were approved with the 13ridgetower Subdivision (located north of (lstick Road). The streets, Pride Crossing Drive and Towerbridge Way, should be extended into this site as proposed. N. The applic;.tnt is proposing to construct two stub streets sto the undeveloped parcel to the i►uth4vest of 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 he located as proposed. The applicant is proposing to construct tUrnaroUndS at the Ond Of the stub streets due to their length,. The app(icvlt should he required to that. RUM) Wll.[. k3F: iuslall a sign at the Termini of the stub streets stating! "T'[iIS t XTF:ND111)1N MIL•' FU t t.11tl:". Coordinate the sign plan tut the ;tub streets, and the design of thItn e -tlaround with i )istrict stag 0 The applicant is proposing to eonstroct three stub streets to the unde�cic►pcd parcels to the by and cast Of tile site (parcels included in tilt entire I%Mlled unit de�clopntc tit �,ruho,cd by this applicant). District staffsltpl)c�rls the loctlti�)ns of llte ,tub streets. I ltc stub streets; C uPhercloud Way (to the north). fvlcssitl� , reel (to the east). �utd Verona Drive (to the e�rst). sltc►Uld be loc;ltcd as proposed. ) 1 Sl P ! l . to the leq,111 ofthc still .41,cc 1. the applicant is not tlropc�sittt, Ic, c,�:�usU'uc[ turnarounds. and none are rrc uircd. i I1,; ,t„ install a if_n at the termini ol,tJtc stubs I I Llic�ult Should he ruluired tit IN 1111 i'(� trccts slating thal. " I'I IIS IZO;�O ��'1(.1. 131_ FX I t:Nl)hf) I lilt[: ('uordinitle the "i_�n than for the Stuh sLre:ts ti�ith District sl�itl, 131-ii11U10nt C:r.cmnt APR 12 '01 16:03 1 208 888 6854 Por= M? sent By: Planning & Zoning-, 208 888 6854; Apr-12-01 3:50PM; Page 8/17 1'• The altltlican[ is ilnl hr(,h�,�nr� t() c(�nstl'uct a Stuh,Irect JO the cni,,ill p;urQl lu the L!;, t ��I the tt�wnhowsc lo(s. In fhc luture. staff will rccoutntertd that 0slob sn'evt hc_ cr�W ucicCl to that parcel fi•on► the cazit. Q_ 1\1* proposed land,cane islands/medians \.vithi should be (lwn the public right -of -wait. dc(licatr(I E,t this plat[ Oil the final pllat.'It. 1I1(l tt1allltttlWd by it homeow'lter5 association. Note; ()t• IlliS should be required R. Unless otbm ise appr()ved. the ,applicant should be rcClt.tiret! ail cunstt'uct all public roads within tht subdivision as _;6-limt strecl section v`III1 cllrh. &:tuner. w1d -tout ee idc cultcretc si(lcwalla \�ithin 50-leer of right -of way. S. District policy reeluires streets within the s-tlbdivisiott to align or oC!'set a Irtinintutn Of 1?.5-leet trolll any proposed public street. It appears that the proposed with District policy. streets arc located IIIcultfi>rnlanee T. The turnarounds should be constructed to provide a minimum turning r,1dius ul'=45-feet: SIDEWALK U. District policy requires the construction of 5-tool wide detached concrete sicle(vcllk on collector and arterial roadways. All of tilt abutting roadways are listed as min classification map. or arterials on t()c functional V. 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 casement to the District to construct the sidewalk outsi.LIC of the right -cif -way, C,00rdinatc the location and elevation Of the sidewalk witlt 1.)istrict staff. W. The applicant should be required to construct a 5-gigot wide concrete sidewalk on McMillan Road abutting the site, located 2-1eet within the right-of-way. If the applicant constructs it meandering sidewalk, provide a sidewalk easement to the District to construct the sidewalk outside of the rtc'Itt-of-way. Coordinate tilt location aild elevation of the sidewalk with District stuff. X. The applicant should he reduirC(t to cotstruct a 5-1oot wide concrete sidewalk itn Uslick Road ahutUnr the sire. located ?-lect within the riE;ht-cif-wIfthe applicannstru t coca mn(l ts eae' u su idewalk. provide a sidewalk easement to the; U C'uordistric,t to construct the sidw ealk oul,idC of lher right-ill-w<ly'. in4t[c tltc; location and eli;latiorl of(he sidcw,llk With District ;tiff. f)IltVE1�V,1YS Y. District policy requires dri, cteay� on arterial roadways to sib nalireil itttt t,tiecfictll fiu ri,rht-in/i fight -out o 1crjltions, ,1,1r(c onstrucrc�l ',0_leet taunt a titll ;icccs:; iftllcri tug M) i�ticr��nin l legit tur lull "CCC-16: �uld I -fcc t tut mirtimurn of"21()-lcet ti'unt ne' c�islint?ti�r wLtys Policy afro reduire� Lit" tat t,, b( kill -set. i.t Pru11„sed drieewuys arc loeatc(l in c��ntirnrtpneetsedeaith(Dislrict\tc,flre`tie(l,un -45 N inter.ecrlions. I _ a, sunup` luuur s i�ttuIl/Cd t3ri�I��cici�cGr.cnun APR 12 '01 16:04 is 208 888 6854 pcarp ram Sent By: Planning $ Zoning; t9 208 888 6854; Apr-12-01 3:50PM; Page 9/17 . 7.• Cirav elcd dri%eWrt� S ithutriii�,, I,uhlic Sheets crccttc mainten.ulre l�rol>leius chic to ray el h�inu tracked ont� ti le r0ildNvay. fhc applicant Should be reLluired to pay c the �irivcwa�s their Iull Width oF24 to i()-feet, aril at li asl ,;"Qet into t}tc site hevotic) the cd�c ul pavcmc rtt of l-en iIlilc Road. McMill,'m Road and Ustiek Road. and install pavenlent tapers \vitl� I -lix,t rai(ii abuUinl; 111c cxistilig roar k%av edge. AA. The applicant is proposing to construct a 25-foot %vide driveWav oll the eilst Road located approximately' 3Q0-feet sottdt of McMillan Koaside of I en itlile cl W setli the OlfiCC and conlmel'cial lots. The hrOposed drivewav location corili rms to District policy cull slluultl he constructed as proposed. '1 his ciri\ cwav is t.hc only south proposed ilri� c%vu) on 7 ell Mile RoodRoodof McMillan Road. [3B. The ullplicnut is proposing to construcr A 30-Blot wide drivevvav on the east side of7en Mill Road located approximately 440-feet north of McMillan Kclad to serve the t side commercial lot. The proposed driveway location conforms to District poliev and should he constructed as proposed. C'C. 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 conti�'tt rcia) lot. The proposed driveway loealion conforms to I )istrict policy and should he consirttcte:d as proposed. Ulf- The applicant is proposing to construct a 30-toot wide driveway, un the noilJi side of McMillan Road located approxunately 440-feet cast of !'cn Mile Road to serve the commercial lot. The proposed driveway location conforms to District policy and should be constructed as proposed. Road located Approximatel EE. I he applicant is proposing to construct a 30-foot wide driveway on the north side of yictiTill an 'i'hc proposed driveway loy 50-feet west of the east property line to serve the commercial lots. proposed. cation coalurms to District policy and should be constructei as FF. The applicant is proposing to construct a 25-lirot \vide driveway oil the south side (Ii' McMillan Road located approxim,'itely 440-feet cast of Cen Mile Road to serve the t)fficc/contlltct•cta) lull. The proposed drivcw�ly location conforms to District policy anti should he constructed as proposed. CF;N-f-(?R "TORN LANES (iCT. Che ilpplietull should he reyuircd lu construct a center turn lane oil ell f�lile Kutltl li►r thc� I'e►t Mile Road/ntuin Lntruicc intersection. The tut'n lane should he constructed to pro\ isle a inininntrn of 1004eet ol'storagc Frith Shad(YU tapers !'or hoth the appril�iclt and directions. Cotlepartui� ordinate the ticaslR.,i cif the turn leult with iistrict staff. The ul,plic.11tt ,pooled be rec(uircil to umstruut a center turn lane of) I crl I�(ili f�c,acl/ilrirc�+av jklilc gad laMi,ruth `l,.:lliutcrsectiol locicillan Road, )he ttun Lute;hciclac Iir1,1�� It>„ cr.c,11n1 APR 12 '01 16:04 Zoe 888 6954 por= no Sent By: Planning & Zoning; 208 888 6854; Apr-12-01 3:51PM; Page 10/17 COIIStt'uctcd 10 hr'm isle a t)lim.JULIn) Ot' 10(1-ICCI <rt'stot'u�_C �� ilh :h,►du�� tal��r lur both he approach mid departure direciiiats. C:oordirlatc the oletii`u ul the rurr► tune wish I)istth t>tal). 11. The applicant should be rctluired 1,0 construct center turn tuna; on Ten (\Mile Road for the belt Mile Road/driveway intersections north of ti1chlillau KWol that set•ve the comttaurcial parcel, The turn land should be constructed to prrividc a nlininlunl of 100-feet ol'storage with shadow tapers I'M both the approach and deparau'e dI%C'ti()t11. Coordinate the d0cigt1 of the turn lailt:s with mstrict staff. 1.1. 'I he applicant should he requited to coillstruct a center turn lane oil NI&Iillan tiicKoad li)r the hlillan IZouCL`main entrance inters�cUon. I'hc turn lane should he constructed to provide a minitnlult of 100_1i el of storage with shadow Kipers tier boils the approach and departure direction;. Coordinate the design ofthe turn lane With District sr;lff. KK. The applicant should be required to constnlet center turn lanes on McMillan Road ti)r the McMillan Road/driveway intersections located cast of Ten Mile Road. The Cunt lanes stloulet he constructed to provide a minimum ul' I004W of storage with shadow tupers for both tilt approach and departure directions. Coordinate the design of the turn lanes with District staff. 1.1.. eased on the recommendation of the traffic study. added left -turn lanes arc needed oil each intersection appruach at the Ustick Road/Linder Road intersection and at the Ustick Roadfl Mile Road intersection. The applicant shmild coordinate, tile en e design of these imrrovetnents with i)istriel staff. MM. Based oil the recommendation of the traffic study. the applicant should provide a road trust deposit Ii►r 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 ti►r their proporti cost of the traffic signal at Ustick and Linder RRoads.onate share ol'the NN. Based on the recommendation of the traffic Study, the applicant should provide a road trust deposit for 27% of the eom of a traffic signal at the Ustick Iloadi'.l"en Mile Road intervection. The applicant should provide a road trust in the amount 01$37.R00 for theirpropolliuuttic share uf'the cost ufthe traffic signal ar Ustick and fell Mile Roads. IITILITIE;SARRIGATIQN C)O. I he . 'I lie, 1;)ry plat indiCates that the Settlel:s C' ulal a located oil the south side of McMillan Road. l he apttlictult should relocate the canal outside of 1)C new to provide adcright-ofof i�icMillail Raul duatc space li)r ftItUPC ro I(l widcnin . 1'W All irt'ivation t:lcilities should he relocated !►ulsicle of the ncty ri�.ht-ut-Wzly on !McMillan Rood. Ten Rood and Ustick Rnacl, C)Q. 111 utility relututRM Wsrs associated with itnpro� ink street I'r�►nr,,`15 uhutlin � tho �itc :heulld hot -tic h\ the do`veluper. I ` ["""kl''CIM% L•r.CI n Ii) APR 12 '01 16:05 208 868 6254 onnr, — sent By: Planning & Zoning; 208 888 6854; Apr-12-01 3:51PM; Page 11/17 • 9 IZIZ. l ililil� :ircct cutN in pavetttcnt less Ih,in ttvc %ctu,S old are ntat ulli "Cd ,Ih1)1'0\ Cd in M-11111" by the District. ( .meet C011MRICTion `crvices at 387-6280 (\6111 file tuulll�yr::1 li►r detail;. SS. Based oil devclopnicltt patterns in this area and the 1'CN1I1Lin,! tt'aftic genyrati H. stalfanticipates that the uartsportation system will be adequate to accomnlodaty additioltpl tral'iic ceneratecl by this proposed ilcvelo►pmeltt with the requirenicnts outlined within this report. Special Notification W City of Meridian: I. Staff recommends th;It the ,1C'1 ll) C ommissIon approve this ?6-4)t prelutlinan plat. ht.11 delay acting on any further develapn►cnl a!lilicJtiolls ill this area (inclticlint: the remaiilder ()fthiN Nile). until staff has made a recommendation to the AC11D C'ouuuissicn for road \�Idening and impact fees. based a1 the Meridian area traf}ic study, 2. The applicant is not proposinc to connect the single-family resiilential lx01-tion of the subdivision with the townhouse portion of the subdivision in all effort to prevent cut -through traffic tt) McMillan Koad. The applicant°s traffic engineer suggests that this proposed desi��il will paelithway neighborhood col -through. Staft•recominends that the City require a pedestrian pathway between the single-family and townhouse lots to provide pedestrian access to McMillan [toad. 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 ol'right-of-way Ijorn the centerline ol'Ten Mile Road abutting the parcel by means of recordation uI'a final subdivision plat or execution ofa warranty deed prier, 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 he paid the lair market value of the right -of- ay dedicated which is all addition to existing AC HD right-ol-way. 2. i?edie<Ity 484eet of right-ul=way from the cc►►terline oft�lcMillan iload iibutrinr the parcel by ")cans c►f ro;cord 1tIon ot'a final suhdivision plat or cxt culion of a warrant} deed prior to issuance c►f,t huilding permit (or other required pernlits). whichever �ccuts first. riot o II ?0 jo huxiness days to prt�cr,. t11c 1I9ht-0C way dedication tt(ter rc`c�ip[ elf all rcyu� tcd nultcrpial I he owner be paid file lair market vahte c►f the ri;;ht-o►I-way dcdlicatccl which is ,In (lddiliv►t to exi.rinti, ACIiD right-of-way. (�riih��o�+cr.cnun APR 12 '01 16:05 `, Va ,r I I 208 888 6854 Dor--e 1, Sent By: Planning & Zoning; 208 888 6854; Apr-12-01 3:51pm; Page 12/17 1)cdicr►t, 18 ecl of rloht-ol-way Irom the centerline ul' Ustic.k load ut'utiin12 the parec•1 hN rtrcarts rl'recorif,tt(on of a final suldivision plat or execution c�Ca w,urant5' deed prier to issuance olfa building permit (or other required permits). \,�Iriclic�cr occws Ill:St. A11ow up to A business days to process the right-of-wav dedication after receipt of all requested ivatcrial. The owner will he paid the fair Market Value of"the right-ol=way dedicated which is an addition to existing ACHD right-of-way. 4. COOSMICI the rttairl entrance to the subdivision on I en Nlile Road located ahpr0xirrratc;ly I f.i- nt'le south of 10CM,IInn Road, as proposed, The entrance shill be Lie,ignett with 21-foot street sections itu either side 01'a center median, and the median shall be t.unslructcd a minimum ol'4- fcct wide (hut no larger MOn 12-feet wide) to total a minirnurn of'a I00-squ.tre Iooi area. I he applicant shall be required to dedicate 54-leet of eight-of-wav plus thc. ailclitiont,jl width ol"the median. 5• Construct the main entrance to the townhouse portion oFthe subdivision on McMillan Road located approximately 900-feet east o.fTen Mile Road. as proposed. The entrance shall he designed with 21-toot 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. Thc: applicant shall be required to dedicate 5=4-feet of right-of-way plus the additional width of the median. 6. Construct Aelltower Drive and Towerbridge Way through the site as residential collectors because the anticipated traffic volumes exceed 1.000 vehicle trips per clay. Front -on housing is prohibited on residential collectors. Construct these street segments as 36-font .strtier sections with curb, gutter and 5-foot wide concrete sidewalks. Parkin-, shall he prohibited oil these street segments. Coordinate the signage plan with District staff. l lie access restrictions for these street Segments shall be stated oil the final plat. 7. Provide directional signage on Dclitowct Drive where the roadway diverges around the water amenity. 1'his signage is necessary to guide motorists in the proper direction, Coordinate the design ol'the signage plan with 'Traffic Services staly 8• Cansuuct two driveways off Relltower located approximately 2 O-(cct cast of"Tell M11c Road on both the north Emil south sides of f;ellltower Drive. y• Connect to [wo existing stuh Streets that tivere approvecl with rile I'ridLctctwe.r Subdic ision (totaled north of l.lstiLh Roa(j) as pruposi:cL The streets. Pride Cri,s.;in,� 1)ric e and I ow'erbridge Way. shall be e.xwnded into this Site. 10. C•'011struet two stub ;Crest, to the 1.111drv00ped parcel to the of the situ, The stub struts, Breeze (.'reek W�iN (to the south)} and I eano Drive (to the wtat), spiral he located as Proposed. COI)SOuct tarnitr•l)l.rntlS at the dMI of the stub streets and install a sigt► at the: termini ol, the Stub street~ stating; that. "I 111S ROAD WILL BE EXTFNDF-U IN I I II. I I! I Lill Coordinate the sign plan tier the stub strMIS. and the design of the turnuroulld with District stal'1'. F3ricl;�� ruwer•rtnnt APR 12 '01 16:05 208 888 6854 PAGE.12 Sent By: Planning & Zoning; 208 888 6854; Apr-12-01 3:52PM; Page 13/17 I I . ('unarucl tlUrc stuff Slreels i,) the undrn cli�h� �.l C,art � 1� lei the 1101-1,hc:r<1 ,tad cal (,tulle .Ile (parcels included in the entire plannal upiit develohntuut pn,oposecl by ibis applicant). C he stab strvc[s: C'oltperrloud 1Way (tu [hc nurll►). IMe;.ina.'II'C4 (to the cast). and vcrulla Drive (it.) the east). shall he located as proposed. No turnarounds arc required. Install a sign at the termini of the stub streets slating that. " ('1IIS 1t.OAD WILL. BE EXTFNI-)RD IN TILL: hUTURL:". Coordinate the sign plan Cor the stub str�cts «ith District staff. C Any proposed landscape; island~/mcdian� within the Public right-of-wa)' dedicated by this plat shall be ocaned and rnaintainccl by a ltottico�%ners associatloll. Notes Ot this spoil he rcduired on the final plat. 131. l,nless otherwise approved, cotstruct alb public roads ccithin the sub(ivision as �6-luin,trect sections with curb, gutter, and S-liiot wide concrete sidcwalks within 50-feet ofright-of-kvay. 14. Streets within the subdivision shall aligrj or offset a Iltininium of 125-leet from any proposed public street. 15. Construct the turnarounds to provide a IZhinimUun IurninY radius of 45-fccet. 16. Construct a 5-foot wide concrete sidcwa�k un Ten Mile Road abutting the site, located 2-Icct within the right-of=way, Ifthe aPplicantconstructs a meandering sidewalk, provide a sidewalk casement to the District to construct the sidewalk outside of the right-of-way, C uurclinate the location and elevation of the sidewalk with District sta1T: 17. Construct a 5-fix)t wide,, concrete sidewalk on McMillan Road abutting, the site. located 2-feet within the right-uf=way. If the applicantjcuttstruCts a rncandering sidewalk. provide a sidewalk casement to the District to construct the sidewalk outside of the riglit-ol-way. Coordinate the location and elevation of the sidewalk wl,th District staff. 18, Construct a 5-foot wide concrete sidewalk on Ustick Road abutting the site, located 2-feet within the right-ol=way, if the Ipplicimt 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 slaf. . f (1. Pave 111c driveways their full width 01'?4' to 30-lect. and at least 30-fccl iuty the site bcc oud the cd�'r �tf }�avement of Ten Mile Road, MuN`lillalt Road and I%stick Road. and install pavement tapers with 15-10Ol radii abutting the rxi tiug ruadkcatv edge. (l)Ilstruct a 23-1bot aide driveway on Jlic cast side ol, 1 en I,•Iilc Road located appruxitnalrly iSit)-ter`t south cif McMillan fZo,xl to �eresc the uClicu and commercial lets, as pr(�pose�J. -' 1 . (.'un�trt►ct tt ;O-loot c\ ide drivow,tc un dl cua side ul I en klile Road locatecl u11�ru�intalch -tell-lief north of McMillan Road to scale the comnicrctttl tut. as proposed. F3rid._��IU�tiCI'.C111111 APR 12 '01 16:06 4 208 888 6854 PAGE.13 Sent By: Planning & Zoning; 208 888 6854; Apr-12-01 3:52PM; Page 14/17 1 Cc!nxlruct it NO-fo(,)t �4idt dri�e�c�t� ��n tl �: crt�l �idc ul'Tett M!It RNIl locatcd approxinlatelc 20-Km :•oull, ol'the north propert� line t t SelYd the cutuntcrc,ial i �• ConsU'ucl a 30 fmt wide cbiveceay on tl�e north side ol'Nlcl�fillan Ritt.tcl located uppruxinrttely 4�t0-feet cast o('Ten ,Mile Road to serve jthe commercial lot. as proposed. ?-)• Construct it iO-tout wide tlrive��a\' nn t north S'de of MCNIIIIan R"Ll ]Milled approximately SO -feet �e"est of the cast property lice to ervt: the cottutlerc'al lot. as proposed. 25. C'011SU'uct it 2540ol wide clriv�'way un ll south side ol`NIcNlillan Road locniecl approximately 440-feet east of l cn ~Mile Road to sct ve The office/comma renal lots. as proposed. ='fit• Construct it center turn lane on Ten Niile, Road for the Ten Mile Road/nIzI,In cnlriunce intersection. The turn lane shall be consructcd to provide a mialunuln of, 100-feet of stora TC with shadow tapers for both the approach and departure directions. Coordinate the clesi n of, the turn lane with District stall'. i 77• Construct a center turn lane on Ten Mile'Road for the l"en Mile Road/driveway intersection located south oi-McMillan Road. The tukn lane shall be constructed to provide a minimtrrt of 100-feet Of storage with shadow tapers fcpr both the approach and departure directions. Coordinate the design Of the turn lane with District stall'. I 28• Construct center turn latics on Ten Mile oad ter the Ten Mile Road/drivctivay intersections north of McMillan Road that serve the c mmercial parcel. The turn lanes shall be constructed to provide a minimum of 100-feet of sto be with shadow tiipers for both the approach and departure directions. Coordinate the; design of the turn lane, with District staff. 29. Construct a center turn lane on McMillan Road for the McMillan Road./main entrance intersection. The turn lane shall be cons*uctcd to provide a minimuctt of'] 00-feet of storage with shadow takers for both the approachj and departure direction~. Coordinate the design of the turn lane with District staff. �0. Construct center turn lanes on McMillan Lad for the McMillin Road/driveway intersections located cast oI'Ten Mile Road. The turn lanes shall be constructed to provide a 111"ninntm of 100-Icet of stora:c -,N ith shadow tapers r both the approach arid elepru tut c directirmS, Coordinare tho &.;lgn of the turn lanes wth District state. 1. Construct acldcd lent -turn lane: art etch it tcrscetion approach at the I i,r.ick R(,rrd/Liudcr Road intersection and ill the Ltsticic Rc►ad/'I"en Ililc Road iruersecl t the design oftltcsc improvements exW, 1)ISInct Staff. to n. 1 he a{tplicant tih�tllcuurdttl'ttc� Pro\ ide <t rc� ld trust deposit t��r Z I o ul tl cost cif a tratlic sip iliterscctiou in the antourtt ol'$29.�1(Ill litrithcir ._nut at the I isric;k ROU'Ll/hinder siLn�tl at 1 tslicic and binder Ru,tdS, pl'o}?i�rltonale share of rlu rust of lln trall'ic APR 12 '01 16:06 i, I�ii!!c I I 208 888 6854 PAGE -id Sent By: Planning & Zoning; 208 888 6854; Apr-12-01 3:53PM Page 15i17 ?• Prot it.lc :� r00d VusL dcpo.,;'t fir "'7°'o of t'hc cost ofa r1offic �i n;i) clt thy' l iaicl. !tr ,gel' I VI) Mile Road intersection ill file fuuount ot'`$37. 0O for theirprupurtionarc h;ne ul"tile co,l of Lhc U'ul'fic .;izn:fl ilt Usticl. and Ien \vlilc Ro ds. i J4. Relucate the Settlers Canal outside oi•tlib new n`,ht-ut=��a� 01"MChfillan tZojaj to pro'idc adequate ~pace fOf tilturc road widening i ��. rill irrigation facilities sltall he rclocatecl outside ol"the new right-of=sway on \y'icNlillan Road. Mile Road and Ilsticl: [load. i 36. All utility !'elucation costs associawd w1411 imprm ilil" SUCCL fruntaQes abutting tltc tine should he borne by the de\!elopet'. i 7, tltilit\' street cuts in pavement Icss than We \'cars old are not alluwcd uu)ctis approv detain`► by file Distried details, ct. Contact ConstrUptlQ11 Services at 87-6280 (with file 1111bers)Ilor 38. Other than the access points specifically pproved with this application, direct lot or parcel access to McMillan Road, Ten Mile Rua and Ustick Ruad is prohihited. Lot access restrictions, as required with this applica ion, shall be stated oil the final plat. Standard Requirements: A request fur modification, variance or -aiver of any requirenlcllt or policy outlined hcrein shall be made in writing to the ACHD P nning and Development Supervisor. The request a�Aic•all_ �riT____ =t T,.each -be.rer nncirlr�rFrt and 1r1CIurIr ;� �.vntt�n r vnlan�tion �1f whvii,rh„a, rCgUlletnent �►\'Hotel -+ ""'�lt- l.ar cn1•,ctantiaf h- �lrclshit��• i nr�rti, � i r � __ 1'he ti+rri tten =4ucst shall�r�hrllltie In the t)ictrint o l�yr th.rn A (1f1� p� v A (moo led .tor Those itetnl shall be rescheduled for discussion with tilt Commission on the next available nle:etlog agenda. Rcgl►csts submitted to the District after (60 a.m. on the day scllcLluled for C.'uttunission action (10 not provide sut[ieient time> for 1.)istric staffto remove; tllc item from Tile consent a�cnda and report to the Commission regarding the r quested ntudification. �'at'iaftcc or ivc end items will be acted tm by the C'ontmis,ioo unless renlovc(I 1rorn the aJcnda by the ('unnni5sioll. after :AC'l lU Cummi,.;icin ticlion. any rt shall be made in writing to the f'latllliu!�) acf.ion and sllitl) include a minimum tee s-pc_c:ilic;ctll}:_irJr�Llti.1'}.�acla le1!i �{ l�:uu:ill.lu d"'L that for rccon�zidcration will 60 hc',ucl bF the I uest for reconNidcrs.u.ion of the C olltll1i" . 111.ti action nd I)evelopnleilt Supervisor thin six clay, ofthc `611(1,UU• 111e1'c:4ui�lre;•�;c,nsiclGraliuLL�l,:�ll l: rt:1:c,11�i�lr+rr+r! AL1CI i!'iI:ILLd` t't•i(,jLy��1CL�111�'ntaliun.u.l lion at rhr, _uU1C. ul, its uri.<(in' Ljji.Cisi�,ll. "1 IIc rrclurst .,strict C'uuliuis>ion at the next rcgUlar ificcfinj oftllc C'e�rnniis�.iwl, N'the Commission agrzes go tticonsidcr thu ,retiuu. file aphlirinf Mill Inc tu,liliud of file (late unel time ofthc ("onTnti`sion npcctin� at which ehc rca,nsiclrratitu, �tiill he huu'd. I 13ri+.l_1clower,cinm APR 12 '01 16:06 " 208 Bee 6854 PArrF i Cz Sent By: Planning & Zoning; 208 888 6854; Apr-12-01 3:53PM; Page 16%17 i F'�i}'niciil ul applicable roiid impact lees,tu•e 1•ecluircd prior to htlilcliii,. �unsUucti�m iii accordance with ()dinancc 1,4I93, also khm\n as ,id<► C'Utuity I fi;rhe�;ie Uisfrict ROM[hi1l)uct FCC Ordinance. 4• All design and construction shall be in a •cor(lattce With the Ada C'outtty llirht�I)istl'ict Policy Manual. ISPWC: Standarc.k and a ptvved supplements. C'onslruction �crviccs procedures and all al?plicablc AC�'HD Or finances unless tipeciGca.11y ��aivcd Itertin. All engineer I'e`,isterCLI in te the Staof lduho shall prepare and certify ;ill iutprovcfttcnt plum. 5. The applicant sha11 ,uhmit revised plansIfor staff appruval. prier to issuance o0uilding, permit (or other required permits). which incorporates any required clesign changes. i 6. Construction- use and property develop eftt shall be in Conformance wills all applicable requirements of the Ada County Highwv+ District prior to Distr' p Ict approval for Occupancy. 7. It is the responsihility of the applicant toverily all existing utilities within [he right-ot-way. Existing utilities damaged by the applic it shall be repaired by [he applicant at no cost to AC11D. 'Chc applicant shall be required o call l)1GL1NE (1-800-342-1585) at least two full business days prior to breaking ground ithin AC.HD right-of-way. The applicant shall contact ACI 11) 'Frattic Operatic+ns 387-6190 in tie event any ACHD conduits (spare or filled are compromised during any phase of coltsir�teuun. } firiclrtui� �r.rinni APR 12 '01 16:07 208 888 6854 PAGE_tr, 'Sent By: Planning & Zoning; 208 888 6854; Apr-12-01 3:53PM; Page 17/17 No chacrrc ill' the ter►us and cunclitic�lts c, 'this appr al `hall he � alicl cmless they are in all signed by the applicant Ur the ttprlic int s aulhorilled r representative of the Ada Couul (w �prestntaU� e and min arrthi�r►iccl y _ h ) District. I-hc hurdcil shall be upon the applicant to obtain written amEiruiation of any chin c trum the Ada County I liL0h%va)' District, Any change by the applicant in (Ile planr�cl use Of the pruperty which is tite subject 0,. this application. shall require the applicant roicomply with all rules, rc"I lati or other vas. ordinances. Mans. rcgulatorti and ccstriclions In !oree at the (line the applicant nr its successors in in[cresl advises the Highway District of i�Y intent to chaclrc the planned use of the suhlect property unless a waiver/variance of said reyuiremcnts ur other legal relief is gr;mtc.ci purst.ttcnl to the law in effect at the time the chan�gcl in use. is sought• i Cunclusio>n of Law: t1C'111) rcyuiremcnts arc intelldcd to assuye that the proposed use/development will not Glace all undue burden on the existing; vchicular a> d pedestrian transportation system within the vicinity impacted by the proposed development. Should you have a11y questions or coMnItts. please contact the Planning and Develupmetlt Division at 387-6170. Suhm.itte:cl.b4: i' L'laruiiug- sinci. T)=vr 1 upnr� Stag _ APR 12 '01 16:o7 FitIduclower.cnnn f'ia::c I 208 See 6854 PAGE.17 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 51h day of February, 2001. �`tt,rrnrtrrr��, PUBLISH February 9th and 23', 2001. WILLIAM G. BERG, JR., I LEF;; G ; RECEIVED MAR - 5 2001 CITY OF MERIDIAN 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 February 28, 2001 Phones: Area Code 208 OFFICE: Nampa 466-7861 Will Berg, City Clerk SHOP: Nampa 466-0663 City of Meridian 33 East Idaho Meridian, ID 83642 Re: AZ-01-003 Annexation and Zoning of 371.42 acres in proposed R-4 and C-G zones for proposed Bridgetower Crossing Subdivision Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the annexation and zoning for the above -mentioned application. Sincerely, d, ;V11-0,-,pr„ry Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln Cc: File — Shop File — Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 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(208) Keith Bird MERIDIAN, IDAHO 83642 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: March 15, 2001 File No.: AZ 01-003 Request: Annexation and Zoning of 371.42 acres in proposed R-4 and C-G zones for proposed Bridgetower Crossing Subdivision By: Primeland Development Co., LLC Location of Property or Project: 2420 Ustick Road 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 i Water Department Sewer Department Sanitary Service Building Department Fire Department Police Department City Attorney 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: yp �e N 7-- City Engineer City Planner Parks Department (Residential Applications only) Gen - 26 PP/FP/PFP - 30 AZ - 27 RECEIVED MAR - 2 2001 CITY OF MERIDIAN Cq CENTRAL DISTRICT CENTR/� DISTRICT HEALTH DEPf-,.iTMENT 'HEALTH Environmental Health Division Return to: DEPARTMENT ❑Boise Rezone # Conditional Use # Preliminary / Final / Short Plat ❑ Eagle ❑ Garden City Meridian ❑ Kuna ❑ ACZ ❑ Star We have No Objections to this Proposal. ✓✓✓ ❑ 2. We recommend Denial of this Proposal. MAR -1 2001 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 ❑ 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 ❑ 9. 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 groundwater 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 ❑ beverage establishment ❑ grocery store ❑ 14. ❑ child care center Date: Reviewed By: Review Sheet HUB OF TREASURE VALLEY (- MAYOR Robert D. Coe m A Good Place to Live LEGAL DEPARTMENT CITYOF MERIDIAN 120$' 2 9 •Fax 288-2501 CITY COUNCIL MEMBERS PUBLIUBLI C 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: March 15, 2001 File No.: AZ 01-003 Request: Annexation and Zoning of 371.42 acres in proposed R-4 and C-G zones for proposed Bridgetower Crossing Subdivision By: Primeland Development Co., LLC Location of Property or Project: 2420 Ustick 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 City Planner Parks Department (ReskientialApplications only) L1ii Your Concise Remarks: Gen - 26 PP/FP/PFP - 30 AZ - 27 RECEIVED FEB 2 6 2001 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 FEE CITY OF MERIDIAN HUB OF TREASURE VALLEY MAYOR Robert D. Come '- —' A Good Place to Live LEGAL DEPARTMENT CITY OF MERIDIAN (208) 288-2499 • Fax 288-2501 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: March 15, 2001 File No.: AZ 01-003 Request: Annexation and Zoning of 371.42 acres in proposed R-4 and C-G zones for Proposed Bridgetower Crossing Subdivision By: Primeland Development Co., LLC Location of Property or Project: 2420 Ustick Road 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 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 PP/FP/PFP . 30 AZ - 27 MAYOR Robert D. Come JUttC VALLLt ice to Live LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless /7UD U / Fo0 Z:ITYA RIDIAN 33 fST IDAHO MEI IDI, IDAHO 83642 (208) 8 8-44Fax (208) 887-4813 City C1o.�&iice Fax (208) 888-4218 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: Transmittal Date: February 20, 2 001 File No.: AZ 01-003 March 8, 2001 Hearing Date: March 15, 2001 Request: Annexation and Zoning of 371.42 acres in proposed R-4 and C-G zones for proposed Bridgetower Crossing Subdivision By: Primeland Development Co., LLC Location of Property or Project: 2420 Ustick Road 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 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 -� ✓ RECEIVED FEB 2 6 2001 CITY OF MERIDIAN 02/27/2001 09:56 2088685052 SANITARY SERVICE PAGE 06 MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy de Wcerd Cherie McCandless 'EASURE VALLEY Place IQ Live MERIDIAN f 33 FAST IDAHO RIDIAN, IDAHO 83642 888-"33 - Fax (208) 887-4813 Clerk Office Fax (208) 888-4218 LEGAL DEPARTMENT (208) 288-2499 - Fsx 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 cleric, by: March 8, 2001 Transmittal Date: February 20, 2001 Hearing Date: March 15, 2001 File No.: AZ 01-003 Request: Annexation and Zonin 612 By kt 0 71.42 acres in proposed R-4 and C-G Zones for osed Grid etower Crossing Subdivision Primeland Location of Property or Project: Sally Norton, P/Z Bill Nary, P2 Jerry Centers, P/Z Richard Hatcher, P/Z Keith Sorup, 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 Attomey City Engineer ent Co., LLC z4zu Ustick Road 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: K City Planner Parks Department (RfWential,gp cw► s only) Dem - 2e PPIFP/PFP .30 ,Z .27 FEB 27 101 10:14 RECEIVED FEB 2 7 2001 CITY OF MERIDIAN 2088885052 PAGE.06 ISSUE UPDATE Case No.: AZ-01-003 (Bridgetower Crossing AZ) Name of Applicant: TJBJ, Inc. To: Meridian City Council From: Steve Siddoway, Planner I thought it might be important to explain why the Commission has forwarded the Annexation for Bridgetower, before finalizing the CUP or Plat. The Commission felt strongly during the April 19 hearing that regardless of what happens with the CUP or Plat, the City should annex the property so that the City controls development on it. In other words, even if the CUP and/or Plat for Bridgetower were denied, they feel that the property should still be annexed so that City (not County) standards apply to the property. During the April 19 hearing, there were still outstanding issues on the CUP and Plat and those applications were continued. However, they felt ready to move forward with the recommendation to annex the property. One outstanding issue in my mind regarding the annexation is the extent that should be annexed. The portion in question is the parcel north of McMillan. If we are serious about holding the line at McMillan for now to allow the area served by the White Drain to substantially develop eastward before moving north of McMillan, then the portion north of McMillan should be eliminated from the annexation. The Idaho - Statesman P.O. Box 40, Boise, Idaho 83707-0040 LEGAL ADVERTISING PROOF OF PUBLICATION Account # DTI# Identification Amount: 064514 405758 NOTICE OF HEARING $57.60 Ordered by: P.O. # Rate Run Dates SHELBY NT FEB. 23, MAR. 9, 2001 CITY OF MERIDIAN Number of Lines 33 EAST I DAHO ST. 35 Affidavit Legal # MERIDIAN, ID 83642 1 9637 LEGAL NOTICE 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 Merid- ian will hold a public hearing at the Meridian City hall, 33 East Idaho Avenue, Meridian, Idaho, at the hour of 7:00 p.m. March 15, 2001, for the purpose of reviewing and con- sidering the applications of: Primeland Development Co., LLP for annexation and zoning of 371.42 acres in proposed RA and C-G zones for proposed Bridgetower Cross- ing Subdivision located at 2420 Ustick Road: Primeland Development Co., LLP for Preliminary Plat approval of 336 building lots and 58 other lots on 175.91 acres in proposed RA and C-G zones for proposed Biidgetower Crossing Subdivision located north of Ustick and east of Ten Mile: Primeland Development Co., LLP for a Conditional Use Permit for Planned Devel- opment consisting of 692 single-family lots, 59 town homes, 17 office lots, and 1 com- mercial lots on 370.55 acres in proposed R-4 and C-G zones for proposed Bridge - tower Crossing Subdivision located north of Ustick and east of Ten Mile. Pub. Feb. 2 3, Mar. 9, 2001 9637 JANICE HILDRETH, 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 weekly =single =consecutive daily FX odd skip insertion(s) beginning with the issue of: FEBRUARY 2 3 2001 and ending with the issue of: MARCH 9 2001 STATE OF IDAHO ) )Ss COUNTY OF ADA On this 9 day of MARCH in the year of 2001 before me, a Notary Public, personally appeared before me Janice Hildreth known or identified to me to be the person whose name subscribed to the 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: 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 City Council 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 6:30 p.m. on June 5, 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. A more particular description of the above property is 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. k`t:OF MER, s,cl��tct1a,fir DATED this 9th day of February, 2001 n. WILLIAM G. BERG, ., ITI&CL RK S PUBLISH 12th and 25th of May, 2001. srr9 �-y. ISA .' s �` r, , Cb _ �++ City of Meridian Planning & Zoning RECEIVED Me m o APR 12 2001 CITY OF MERIDIAN TO: Bill Nichols, David Swartley, Will Berg Frorre Brad Hawkins -Claris /V&C- CC: Steve Siddoway Date: 04/11 /01 Re: Bridgetower Crossing Annexation Application (File #AZ-01-003) At their 3-15-01 meeting, the P&Z Commission continued the subject application to their 4-19 meeting. One of the Commission's reasons for continuance was to receive a speck recommendation from Staff on the phased annexation request from the Applicant (Ed Bews & Becky Bowcutt). In my 3-12-01 Staff report, I outlined what I felt were the three (3) options the City has to consider, including the pros and cons of each option. I did not recommend a specific option — I simply left it open-ended for the Commission to decide. However, the Commission asked for Staff to come prepared at the 4-19 meeting with a recommendation. I have attached a copy of the three (3) annexation options to this memo along with a vicinity map. Could each of you please review these different scenarios and let me know your thoughts? I don't believe there are any legal concerns pertaining to either Option B or Option C, so I'm especially interested in your advice on Option A and if it is even a viable, legal option for the City to consider. Will, do you have any thoughts on how the Clerk's Office would administer a "pending" annexation ordinance for an indefinite period of time? The Applicant's preference is Option A and I understand Option B is more of a realistic consideration for Mr. Bews than Option C. Please give this some consideration and either reply in writing directly to the Commission or send me your recommendation and input. Please reply by 12:00pm Tuesday, 4-17. Thanks for your help and input on this one. 0 Page 1 m 7s 12 o ©son MEN Enid "Moss Bolo KofM��/� moss■s, 0152"own i��s 1 ♦1 m F4 7, HUB OF TREASURE VALLEY lyaxcl�l I is I Z6C -MAYORA Good Place to Live Rol-D. Come CITY OF MERIDIAN CITY CO(�NCIL MEMBERS Ron .-Anderson 33 EAST MAHO tst 1t.UINU uLII.-XK I XIE, Keith Bird MERIDIAN, IDAHO 83642 (208) 887-2211 - Fax 887-1297 Tammy deWocrd (208) 888-1433 - FAX (208) 887-4813 City CI Tk Office Fax (08) 888-4218 PLANNING ZONING Cheria �(cCandless - 2DEP:yRTNI\tEV-I' (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 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-OOS BrdgetnwerGossng.AZ.PP CUP d« Planning & Zoning Co. ission/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 comer of McMillan and Ten Mile Road. Discussions AL-01-003, CUP-01-006, PP-01 -005 Brdgeowc Cro ng AT- PP CLP dm Planning & Zoning Co. .ission/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. 5. 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 Staffs 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. -V -01-003, CUP 01-0%. PP-01 DOS W dgvo—C,o & Al. PP CUP d« Planning & Zoning Col ssion/Mayor & City Council March 12, 2001 Page 4 C. 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? f) 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 si in the city lte along McMillan Road would be able to develop imits 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_ 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 AZOI{X)7. Cl,P-0I-(X), PP-01 lJOS Brdgeowt C ssng AZ PP CAP doc Planning & Zoning Co, ission/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 I annexation applications be approved as office lots (Lots 25, 26 and 29 of Block 14 and Lots 22, 23, 25, AZ-01-003, CUP-01 -006. PP-01-005 Brdgcto eCmwng N. PPCUP dm ISSUE UPDATE Case No.: AZ-01-003 (Bridgetower Crossing AZ) Name of Applicant: TJBJ, Inc. To: Meridian City Council From: Steve Siddoway, Planner f�2 ,on Il�m Nb. 22 (�r�v�tiusCy '7Ai I thought it might be important to explain why the Commission has forwarded the Annexation for Bridgetower, before finalizing the CUP or Plat. The Commission felt strongly during the April 19 hearing that regardless of what happens with the CUP or Plat, the City should annex the property so that the City controls development on it. In other words, even if the CUP and/or Plat for Bridgetower were denied, they feel that the property should still be annexed so that City (not County) standards apply to the property. During the April 19 hearing, there were still outstanding issues on the CUP and Plat and those applications were continued. However, they felt ready to move forward with the recommendation to annex the property. One outstanding issue in my mind regarding the annexation is the extent that should be annexed. The portion in question is the parcel north of McMillan. If we are serious about holding the line at McMillan for now to allow the area served by the White Drain to substantially develop eastward before moving north of McMillan, then the portion north of McMillan should be eliminated from the annexation. June 29, 2001 AZ 01-003 MERIDIAN CITY COUNCIL MEETING July 3, 2001 APPLICANT Primeland Development Company ITEM NO. 12 REQUEST Continued from 5/5/01 - AZ of 371.42 acres from RUT to R-4 and C-G zones for proposed Bridgetower Crossing Subdivision for a planned development consisting of residential, office and commercial uses - 2420 Ustick Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: ----------------- Contacted: Date: Z �e Phone. Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See previous Item Packet Al ?0, V' - I� r 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 I 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 Lander, 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, / / C� Brian L. En g ish Margaretha M. English PUBLIC HEARING SIGN-UP SHEET DATE PROJECT NUMBER PROJECT NAME U-111 A 11 o -1-r, ,i , , a l RECEIVED JUL - 3 2001 CITY OF MERIDIAN ME NAME FOR AGAINST May 31, 2001 AZ 01-003 MERIDIAN CITYCOUNCILMEETING June S, 2001 APPLICANT `'Y iCA'e[CL QQ UeLO YV� {'��' . , LI.P ITEM NO. REQUEST AZ of 371.42 acres from RUT to R-4 and C-G zones for proposed Bridgetower Crossing Subdivision for a planned development consisting of residential, office and commercial - 2420 Ustick Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: See attached P & Z Item Packet See attached Recommendations 0h� t.0 Qoj OTHER: l b0-t/UCCLLt Contacted: Date: � � 0 i Phone: 41� q0q- Materials presented at public meetings shall become property of the City of Meridian. May 31 O1 10:06a P.2 BECKY BOWCUTT PLANNING SERVICES 12715 W. Edna Ct, Boise, Idaho 83713 Phone:484-3904 Fav 376-8713 May 30, 2001 City of Meridian Attn: City Council Members 33 East Idaho Meridian, Idaho 83642 Re: Bridgetower Crossing Annexation Dear Council Members: This is a formal request for a deferral of the annexation application for the Bridgetower Crossing development. The application is scheduled for public hearing on June 5, 2001. We respectfully request this application be deferred to June 19, 2001. The preliminary plat and planned unit development applications are scheduled for the June 19 hearing and we believe it is preferable that the applications be reviewed simultaneously. We appreciate your cooperation in this matter. Sincerely, &' c4x.7 Becky Bowcutt RECEIVED JUN 0 12001 CITY OF MERIDIAN CITY CLERK OFFICE MAY 31 '01 10:23 PAGE.02 L—T A WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. KEVIN E. DINIUS CHRISTOPHER S. NYE JULIE KLEIN FISCHER PHILIP A. PETERSON WM. F. GIGRAY, III BRENT J. JoHNsoN ERIC S. RossMAN D. SAMUEL JOHNSON TODD A. RossMAN DAvID M. S WARTLEY LARRY D. MOORE TERRENCE R. WHITE** WILLIAM A. MORROW NICHOLAS L. WOLLEN WILLIAM F. NICHOLS* *Ako admittgl in OR 1 tl. J l.Cll l AF{plicant cted Property Owner(s) Re: Application Case No. ATTORNEYS AT LAW 200 EAST CARLTON AVE., SUITE 31 POST OFFICE Boxi 150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288-24" FAX (208) 288*2501 E-MAIL: (i WPPMG.COM AZ-01-003 NAWA OFFICE 5700 E. FRANKLIN RD., STE. 200 NAMPA, IDAHO 83687-8402 TEL. (208) 466-9272 FAX (208) 466-4405 PLEASE REPLY TO MERIDIAN OFFICE CEIVEjj JUN 0 12001 CITY OF IVIERi IAN CITY CLERK OF�:IrE 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: That you take time to carefully review the Findings and Recommendations of the Planning and Zoning Commission, and be prepared to state your position 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 legible) the Position Statement if you disagree with the Findings and Recommendations of the Planrung and Zoning Commission. The Position Statement form for this application is available at the City Clerk's office. It is recommended that you Pre are a Position Statement and deliver it to the City Clerk prior to the hearing, if possible. If th lease present your Position at is not possible, p Statement to the City Council at the hearing, along with eight (8) copies. The copies will be presented to the Mayor, Council, Planning and Zoning Administrator, Public Works and the City Attorney. If you are a part of a group, it is stronglyy recommended that one Position Statement be filled out for the group, which can be signed by the representative for the group. Ve ly yours, City Attorney's Office Iv/ BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR ANNEXATION AND ZONING OF 371.42 ACRES FOR BRIDGETOWER CROSSING SUBDIVISION BY PRIMELAND DEVELOPMENT CO., LLP Case No. AZ-01-003 RECOMMENDATION TO CITY COUNCIL 1. The property is approximately 371.42 acres in size and is located at the northeast corner of Ten Mile and McMillan. The property is designated as Bridgetower Crossing Subdivision. 2. The owner of record of the subject property is E.L. Bews/Young Lands, Ltd., of Boise/Meridian, Idaho. 3. Applicant is Primeland Development Co., LLP, of Boise, Idaho. 4. The property is presently zoned by Ada County as RUT, and consists of Agricultural with 4 existing single family dwellings and accessory buildings. 5. The Applicant requests the property be zoned as R-4 and C-G. 6. The subject property is bordered to the north, east and west by Ada County zoned property and to the south by RA zoning. 7. The property which is the subject of this application is within the Area of Impact of the City of Meridian. RECOMMENDATION TO CITY COUNCIL - 1 ANNEXATION AND ZONING - BRIDGETOWER CROSSING SUBDIVISION - PRIMELAND DEVELOPMENT CO., LLP 8. The entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 9. The Applicant proposes to develop the subject property in the following manner: a large phased mixed use project involving 5 commercial lots, 259 single family residential lots, 59 townhouse lots, 8 office lots, 10 commercial lots and 58 common lots. 10. The Applicant requests zoning of the subject real property as R-4 and C- G which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential and Commercial Mixed Use. 11. There are no significant or scenic features of major importance that affect the consideration of this application. 12. The Planning and Zoning Commission recognized the written concerns of Brian and Margaretha English dated April 19, 2001. RECOMMENDATION 1. The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the requested annexation and zoning as requested by the Applicant for the property described in the application, subject to the following: RECOMMENDATION TO CITY COUNCIL - 2 ANNEXATION AND ZONING - BRIDGETOWER CROSSING SUBDIVISION - PRIMELAND DEVELOPMENT CO., LLP Adopt the Recommendations of the Planning and Zoning and Engineering Staff as follows: 1. Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 2. 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. 3. The Applicant is proposing that seven (7) lots in the preliminary plat and Phase 1 annexation applications be approved as office lots (Lots 25, 26 and 29 of Block 14 and Lots 22, 23, 25, and 26 Block 23). However, the current Comprehensive Plan does not support 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 RA 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. The Commission does support the concept of incorporating other uses besides residential as part of this development. 4. 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.) 5. 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 RECOMMENDATION TO CITY COUNCIL - 3 ANNEXATION AND ZONING - BRIDGETOWER CROSSING SUBDIVISION - PRIMELAND DEVELOPMENT CO., LLP 36, Block 23 and Lots 1-5, Block 31) will occur only through the Conditional Use Permit process. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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. 11. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 55 7, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on -site. 12. Off-street parking shall be provided in accordance with the City of Meridian Ordinance 11-13 for use of property. 13. 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 RECOMMENDATION TO CITY COUNCIL - 4 ANNEXATION AND ZONING - BRIDGETOWER CROSSING SUBDIVISION - PRIMELAND DEVELOPMENT CO., LLP v temporary signage, flags, banners or flashing signs will be permitted. 14. Provide five -foot -wide sidewalks in accordance with City Ordinance Section 12-5-2.IC 15. All construction shall conform to the requirements of the Americans with Disabilities Act. Adopt the Recommendations of the Ada County Highway District as follows: 16. 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. 17. 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. 18. 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. 19. 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. 20. 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- RECOMMENDATION TO CITY COUNCIL - 5 ANNEXATION AND ZONING - BRIDGETOWER CROSSING SUBDIVISION - PRIMELAND DEVELOPMENT CO., LLP 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. 21. 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 with signage plan with District staff. The access restrictions for these street segments shall be stated on the final plat. 22. 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. 23. Construct two driveways off Belltower located approximately 230-feet east of Ten Mile Road on both the north and south sides of Belltower Drive. 24. 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. 25. 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. 26. 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 RECOMMENDATION TO CITY COUNCIL - 6 ANNEXATION AND ZONING - BRIDGETOWER CROSSING SUBDIVISION - PRIMELAND DEVELOPMENT CO., LLP 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. 27. 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. 28. 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. 29. Streets within the subdivision shall align or offset a minimum of 125- feet from any proposed public street. 30. Construct the turnarounds to provide a minimum turning radius of 45- feet. 31. 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. 32. 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. 33. 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. RECOMMENDATION TO CITY COUNCIL - 7 ANNEXATION AND ZONING - BRIDGETOWER CROSSING SUBDIVISION - PRIMELAND DEVELOPMENT CO., LLP 34. 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. 35. 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. 36. 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. 37. 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. 38. 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. 39. 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. 40. 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. 41. 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. 42. 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 RECOMMENDATION TO CITY COUNCIL - 8 ANNEXATION AND ZONING - BRIDGETOWER CROSSING SUBDIVISION - PRIMELAND DEVELOPMENT CO., LLP with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 43. 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. 44. 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. 45. 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. 46. Construct added left -turn lanes on each intersection approach at the Usticic Road/Linder Road intersection and at the Usticic Road/Ten Mile Road intersection. The applicant shall coordinate the design of these improvements with District staff. 47. Provide a road trust deposit for 21 % of the cost of a traffic signal at the Usticic Road/Linder intersection in the amount of $29,400 for their proportionate share of the cost of the traffic signal at Usticic and Linder Roads. 48. Provide a road trust deposit for 27% of the cost of a traffic signal at the Usticic Road/Ten Mile Road intersection in the amount of $37,800 for their proportionate share of the cost of the traffic signal at Usticic and Ten Mile Roads. 49. Relocate the Settlers Canal outside of the new right-of-way of McMillan RECOMMENDATION TO CITY COUNCIL - 9 ANNEXATION AND ZONING - BRIDGETOWER CROSSING SUBDIVISION - PRIMELAND DEVELOPMENT CO., LLP Road to provide adequate space for future road widening. 50. All irrigation facilities shall be relocated outside of the new right-of-way on McMillan Road, Ten Mile Road and Usticic Road. 51. All utility relocation costs associated with improving street frontages abutting the site should be borne by the developer. 52. 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. 53. Other than the access points specifically approved with this application, direct lot or parcel access to McMillan Road, Ten Mile Road and Usticic Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Adopt the Recommendations of the Settlers Irrigation District as follows: 54. Settlers Irrigation District will accept no drainage water form the proposed subdivision into the White Drain. Any water which originates as surface water runoff must be retained on the site of the development. Agricultural drainage water which currently discharges into the White Drain will continue to be accepted. 55. Any water storage facilities/ponds must be constructed in such a manner so that there is no connection with the White Drain. 56. Settlers Irrigation District strongly recommends that the White Drain be enclosed in a tile 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 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. Z:\work\VM\Meridian\Meridian 15360M\Reconunendations\AZ0103Bridgetower.wpd RECOMMENDATION TO CITY COUNCIL - 10 ANNEXATION AND ZONING - BRIDGETOWER CROSSING SUBDIVISION - PRIMELAND DEVELOPMENT CO., LLP April 19, 2001 City of Meridian 33 East Idaho Street Meridian, ID 83642 Meridian Planning and Zoning Commission: RECEIVED APR 19 2001 City of Meridian City Clerk Offiee 2 Cam, ni �. This letter identifies our concerns associated with the proposed Bridgetower Crossing Subdivision. The subdivision will be located on the square bordered by Linder, McMillan, Ten -Mile and Ustick Roads. IRRIGATION CONCERNS We receive our irrigation water from Gate 28 and our return (or waste) ditch drains across the subject property. On the basis of the current design plans, we believe the waste ditch would impact one office building and fifteen lots for single family homes. We understand that, so long as the historic drainage is preserved, this ditch could be relocated and must be tiled by the developer. We request the Meridian Zoning Commission require the following actions of the developer with respect to this waste ditch: 1. Any ditch work performed shall not interfere with the historic drainage during irrigation season. In addition, during any ditch modification/construction period, the developer shall be required to take adequate precautions ensuring that runoff from precipitation/snow melt is accommodated so as not to back up on existing residential properties. 2. When the ditch is tiled and/or rerouted, a registered professional engineer shall certify the plans and specifications both prior to and upon completion of work. 3. When the ditch is tiled, Bridgetower Crossing Subdivision shall record ditch easements for each impacted property. 4. When the ditch is tiled, Bridgetower Crossing Subdivision shall be responsible for maintaining the ditch, including any damages that may result from any failure to maintain the ditch. Although we understand that some of the items listed above are required by Idaho statute, we believe these requests are reasonable and should be required of the developer as part of their requested rezoning and associated conditional use permit. Further, we offer the following general comment to the Planning and Zoning Commission concerning the irrigation ditch work resulting from the proposed subdivision: Ada County Highway District, in their comment to Meridian Zoning Department, has indicated that the McMillan Road right of way must be widened to forty-eight (48) feet from centerline and that all utilities (including Settler's Canal) must be removed from the right of way (ACHD letter to Planning and Zoning Bridgetower Crossing Com�ts Page 2 of 4 April 19, 2001 Commissioners dated March 14, 2001, P. 3). If so, it is unclear how the developer would address the "enclave" properties along McMillan Road. Additionally, if the canal must be relocated we would like to know whether the newly installed canal bridge on Linder Road at McMillan must be replaced to facilitate this effort . TRAFFIC CONCERNS 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. 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. Bridgetower Crossing ComrRCRts Page 3 of 4 April 19, 2001 5. The Bridgetower Traffic Study indicates ACHD will require select intersections be lit with 250 watt sodium vapor lamps. The subdivision plans have not addressed light encroachment from these lamps on existing residential properties. We request that the developer be required to mitigate the effects of light encroachment on the existing properties. 6. Headlights of traffic turning north from the Linder Road exit to the Bridgetower Crossing Subdivision will play across the picture windows on our house. We can not install a berm or shrubbery because of existing easements and our septic system drainfield. We request the Planning and Zoning Commission require the developer propose measures to mitigate the traffic headlight impact on our home. 7. 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. 8. 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. 9. 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 before it is accepted by the Zoning Commission. Bridgetower Crossing Cornf1 tents Page 4 of 4 April 19, 2001 DEVELOPMENT SCHEDULE Our discussions with the Meridian Zoning Board (Brad) indicated that the development of the subdivision would take on the order of ten years. The Bridgetower Subdivision Traffic Study assumes build out in five years. The applicant has indicated that the school, located in the last area to be developed, must be constructed and ready to open for the 2003 school year. The developer must reconcile these various target projections, and submit a development schedule including a plan for subdivision controlled road upgrades. PUBLIC NOTICE AND PROCESS CONCERNS We remain dissatisfied with the way this action was public noticed. None of three adjacent houses (4450, 4550 and 4650 North Linder) opposite the proposed development received the required notice of the March meeting of the Meridian Planning and Zoning Commission, despite the fact that our names were on the mailing list. Further, when Brian requested the Meridian Planning and Zoning Commission's written policy for determining if there are additional areas that may be substantially impacted, he was informed that no such policy exists. Idaho Code 67-6511 and -6512 require written notice be made to "any additional area that may be substantially impacted ... as determined by the commission." We request to be noticed of any proposed rezoning/development located on Linder Road between Ustick Road and Chinden Boulevard, on McMillan Road between Meridian Road and Ten -Mile Road, on Ustick Road between Meridian Road and Ten -Mile Road, and on Meridian Road between Ustick Road and Chinden Boulevard. Any development in these areas will substantially impact us by adding to the already heavy traffic loads on Linder Road. Further, portions of the rezoning and the conditional use permit are based on zoning rules that have not yet been adopted by the City of Meridian. Any conditional approval must identify those components of the proposal that depend on Meridian adopting the revised zoning. The approval should indicate that until and unless the revised zoning rules are adopted, those components are not approved. Building and other required permits can not be issued until the proposal is compliant with current zoning. We thank the Commission for their time. Sincerely, 9,e�Z Brian L. English 4650 North Linder Road Meridian, ID 83642 (208) 884-8045 Margaretha M. English April 16, 2001 AZ O l -003 MERIDIAN PLANNING & ZONING MEETING April 19, 2001 APPLICANT Primeland Development, Co. LLP ITEM NO. REQUEST Continuted Public Hearing -- Annexation and Zoning of 371.42 acres in proposed R-4 and C-G zones for proposed Bridgetower Crossing Subdivision -- 2420 Ustick Road _ Cg1E�ncar� lit 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 DISTR►CT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: OTHER: See previous Item Packet See attached comments Contacted: --`-�- Date: Phone: y k y Materials 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-t i _o ELAM & rofuslonalAssocialion BURKE JATTORNE SAND COUNSELORS AT LAW � el / (/ J KEY FINANCIAL CENTER 702 WEST IDAHO POST OFFICE BOX 1$39 BOISE, IDAHO837o1 SCOTT L. CAMPBELL April 19, 2001 V_IA FACSIMILE 888-6854 Ms, Shari Stiles Planning and Zonning Administrator City of Meridian 660 F. Water Tower Ln., Ste. 202 Meridian, Idaho 83642 Re: Bridle Tower Subdivision Dear Ms. Stiles: TELEPHONE 208-343-5454 FACSIMILE 208-384-5844 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. 2. Any water storage facilities/ponds must be constructed in such a manner so that there is no connection with the White Drain. 3, Settlers Irrigation District strongly recommends that the White Drain be enclosed in a tile 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 tl-ie 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. Very truly yours, ELAM & BURKE A Professional Association: Scott L. Campbell SLC/ln cc: Sctilcrs In•igation Distiict, Duard of Dirceturs Vicki Keen PPR-19-2001 THU 01:27 PM ELAM & BURKE FAX NO. 2083845844 P. 01 EIA.M & BURKE A Professional Association ATTORNEYS AND COUNSELORS AT LAW Esrahli.shed in 1928 KEY FINANCIAL CENTER TELEPHONE 702 WEST IDAHO 208-343-5454 POST OFFICE BOX 1538 BOISE, IDAHO 83701 FACSIMILE SCOTT L, CAMPBELL 208-354.5544 FACSIMILE TRANSMISSION April 19, 2001 Please deliver the following pages to: NAME: Shari Stiles, Planning and Zoning Administrator COMPANY: CITY OF MERTDTAN FAX #: (208) 888-6854 SENDER: Scott L. Campbell TOTALNUMBEROF PAGES (including this page): 3 FAXED MATERIAI, DESCRIPTION OR COMMENTS: Scott L. Campbell's Letter of April 19, 2001, Re: Bridge Tower Subdivision CONFIDENTIALITY NOTICE I'11c information in this facsimile is confidential and intended only for the use of the addressee, The data transmitted is attomey privileged and may be exempt front 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 Follow by regular snail [ J Follow by Fcdcral Express ( xx ) Not be sent unless required for processing If you have any problems receiving, please cull Dawn Peckham at (208) 343-5454. 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O •C G • W �., t0,! 1r y m " 0a� 3v a� a o N "30uogH�'.�uN� Y� aa.w x u 3a.5 3 9 NI:j w m '°�3�aa,m3v�v yE Ei o f0 •b a y O N 0 61 's N p a,. c x 0V 0 a a`"ivk3ui,`�u��c �.J N E! aU �Q(,U, 0 a,".O or 5w°a°>'H33 a v�v 0 3 c vA o N" ay N avp TU y v m v 3A vm 55�,v .yA 0 .0 °u °r u'ntca 3 Y o . 1 0 A cl C vba,o d 3v c am• o.0baccz .0 W601y � 00�b �Ya '•�. 'Cy v N N •Cj d o b•00v-o o aaio° U L b��a ,qr a 00 .0-0 tZ v°aaia(L U Q.o d �•° 3 aui d bs Uuu°_v-NC+03c nab�04 �o 0aa~ia cP4 0�004b �??c N G! N Na 3 •• •b 71 'Ly Gw 'd y N N x N u 0 �'�.5 3 a•4 - a �.5 w� c 0 18 a m v 0-4 0 r.00.�m�LC- aL'QOoS C.oa,a"TOUoa >� I °r��„"'Wbcy ��ay.��,�ad 0:a s' o `U aUv I °°'" �Cjua>.�u�a.53'q 0�� gip, w •q N O -,•a. 0 0 Y y 0 0p � �, 0_C m 0 0,275" p u� N •b C4 CL'O O ii W}>.,� >,a5. f°�� O ib y c0 OaN N N U ❑>i 0-yV 0 >ao��vUO'� � N 2,,O•a"�NP�� yC wSb> o °on24 oa5i°NTWv aya�y'~d°°vouv5 a° 1. z.IV a•bx ° f V a y y W-O "-q "m �� o� 0 v >wv.�5va3aoua" y5c:a c r�a>uF, "" ' 0ILu w v°aououu3 =" a- uva 15:57 APR 18, 2001 TEL NO: (208) 387-6391 *18122 PAGE: 2/17 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 final 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. cmm Page 1 APR 18 101 16:18 PAGE.02 15:58 APR 18, 2001 TEL N0: (208) 367-6391 018122 PAGE: 3/17 Bridgetower Crossing Subdivision Ten Mile Road, McMillan Road, Ustick Road 1000 0 1000 2000 Feet w E S Bridgetower. cmm Page 2 APR 18 101 16:19 PAGE.03 15:59 APR 18, 2001 TEL N0: (208) 387-6391 *16122 PAGE 4/17 Iftw '11� 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 18 101 16:20 PAGE.04 16:00 APR 18, 2001 TEL N0: (206) 387-6391 #18122 PAGE: 5/17 `W 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. 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 '01 16:21 PArF_AlI 16:00 APR 18, 2001 TEL N0: (208) 387-6391 #18122 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: I. 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 R 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 cahning. 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. cmm Page S APR 18 'o1 16:22 onr_� ram 16:01 APR 18, 2001 TEL N0: (208) 387-6391 #18122 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. 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. 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 18 '01 16:23 PAnp n? 16:02 RPR 18, 2001 TEL N0: (208) 367-6391 #18122 PRGE: 8/17 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 18 '01 16:23 PAGE.08 16 03 APR 18, 2001 TEL N0: (206) 387-6391 #16122 PAGE: 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. 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 of 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. emm Page 8 APR 18 '01 16:24 por= no 16 04 APR 18, 2001 TEL N0: (206) 387-6391 #18122 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 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 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 18 101 16:25 POrc in 16:05 APR 18, 2001 TEL N0: (208) 387-6391 #16122 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: l . 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 19 '01 16:26 PAGE.11 16 05 APR 18, 2001 TEL NO: (208) 387-6391 #16122 PAGE: 12117 2. 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. 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: 1. 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. Bri dgetower. cmm Page 1 ] APR 18 101 16:26 nnrr 16 06 APR 18, 2001 TEL N0: (208) 367-6391 #18122 PAGE 13/17 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 Traffic 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 18 101 16:27 PArF 17 16:07 APR 18, 2001 TEL N0: (208) 387-6391 418122 PAGE: 14/17 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 18 '01 16:28 PAGE.14 16:08 APR 16, 2001 TEL N0: (208) 367-6391 #18122 PAGE 15i17 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/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. Bridgetower. cmm Page 14 APR 18 '01 16:29 16:08 APR 18, EU01 TEL N0: (208) 387-6391 #18122 PRGE: 16/17 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. 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. 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 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 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 3 87-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. Bridgetower. cmm Page 15 APR 18 '01 16:30 PAGE.16 16:09 APR 18, 2001 TEL NO: (208) 387-6391 #18122 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 3 87-6170. Submitted by: Planning and Development Staff Coininission Action: Bridgetower. cmm Page 16 APR 18 '01 16:30 PArF_17 15:57 APR 18, 2001 TEL NO: (208) 387-6391 #18122 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 18 101 16:18 PArF c„ 14.. ADA COUNTY HIGHWAY DISTRICT Planning and .Development Division Development Application Report RECEIVED APR 12 2001 CITY OF MERIDIAN Preliminary Plat — Bridgetower Cross" ng/MPPO1-005 Ten Mile/McMillan 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 ; 36-lot residential, commercial, and office subdivision on 175.91-acres. The l 75.91-acre site is located at the southeast comer 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. This item is on the regular agenda due to the nature of the traffic issues surrounding the site. Roads impacted by this development: Ustick Road Ten Mile Road McMillan Road Linder Road ACHD Commission Date — April 18, 2001 — 12:00 p.m. REGULAR AGENDA ITEM Facts and Findings: A. GeneralInforination 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 ofoffice 105,000-Square feet ofcommercial ter. Traffic Analysis Zone JAZI t�1eridian - Impact Fee Service Arca West Ada - Impact Fee Assessment District I3ri�lriva rr.i nn: andgetnvve,Crossing Subdivision Ten xxxe Road, McMillan evad,usticw Road \ UhJcu"xer.Cmn` Ustick Road Ustick Road is a minor arterial with bike lane designation Traffic count on Ustick Road west of Linder Road was 5, 31 S 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 fi-om centerline) 96-feet required right-of-way (48-feet from centerline) i Ustick Road is improved with two traffic lanes with no curb, gutter or sidewalk abutting the r.. site. The Ustick Road intersections with Ten Mile Road and Linder Road are four-way STOP i 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 2.165 on 5/1 1/99 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) T.. 96-feet required right-of-way (48-feet from centerline) Ten Mile Road is improved with two traffic lanes with g g � P no curb, ;utter or sidewalk abutting 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 fi-om centerline) 96-legit required right-of-way (4S-feet from centerline) N'JcN,1illan Road is improved with two trailic lanes With 110 C111'b. 1_)L1t1CI-01'sldC\Valk abutting the site. The McMillan Road/Linder Road intersection is lour-\vav STOP controlled. The McMillan Road/Ten Mile Road intersection is two-way STOP controlled only on the McN.1111i111 Road approaches. The applicant is proposim�_ it) construct one public Strcct and three drIVe\\ JVS to Access MctIM I llan .Road. 131.111Lrlr,��tr.�nuii w -i 1500 . 1 0 ' Fig "R I v 10 CITY LL BRIGGS ENGINEERING, INC. 1/2 MILE VICINITY MAP BRIGGS BRIDGTOWER CROSSING SUBDIVISION RE"'sKm LOCATED IN SECTION 35 AND THE SW 1/4 OF SECTION 26, (208) 3"9700 1 T.4N., R.IW., B.M., ADA COUNTY, IDAHO SHEET 1 OF 1 1800 W. 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BK8 1' • ISM OlM2Mt OW5 Linder Road Linder Road is a minor arterial with bike lane designation "`- Traffic count on Linder Road north of Ustick Road was 5.067 on 5/2/00 g w'` Better than "C" -Existing Level ol'Service "C" -Existing plus project build -out Level of Ser\ Ice 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. ,.:.Y. B. "The applicant has submitted four separate applications: 1. MZA01-001 — Planned Unit Development u. 2. MAZ01-003 — 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-.f lmilyy lot, 59 to\wnhomes, 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 P lots. However, the developers cannot submit their applications for these plans until their property has an annexation path to the Meridian city limits. 'File ap}?licant's traffic engineer, aril an engineer representin�� another developer in the area. realized that the potential for development in this area is extreme. and that the traffic impact stuilics that each individual ileweloper \verc subi-rili n;_. did not include the major surrounilin0 developments that are "in the works"'. If you \vere t() look at each development individually. the roail\\av system is adequate. but \\'hen v0u start aildin in a secitn(l or thiI cale development. the traffic capacities of these roadways IL)' -stick Ruail. McMillan Road. Ten N.lile Road.. Linder Road) reach their 2020 planning thresholds. E�ascd Oil de\_el0pment patterns in this area. alld the cc ncerrl surr�tunilrllg the ahuttin�� roail\vays. SWIThas hired a consultant li-0111 the "�.>n-call" list to ctgnduct a traffic impact sutdv 0f the t. northwestern Nlerldlan area tr0111 Ustick Road to C hlnden and from Meridian Road to - erne -half ntilc west of [>lacl: Cat Rttad. The studV is rurrcntiv iti "hRA}:T" I'i�rnl while t\C1-iD 13ri�1_elrn\ rr.cntnt ..le staff, City of \wleridian staff. and COhIPASS staff revithe prcliIlndings. From the end product of the study, staff anticipates inlplenlenting an extra -ordinary impact fee overlay district to pay for roadway improvements(mainly widening and Uafilc signals') to these surroundili�� roadways. Staff estimates that it will take three to four months to determine what inlprovenlents need to be made immediately to handle the traffic being generated by the conglomeration of these developments, and to calculate an extraordinary fee to make those improvements. This current preliminary plat tinder review would also be subject to any extraordinary fees that the District may impose. Staff recommends that the 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 Commission for road widening and impact fees, based on the Meridian area traffic study. E. This transportation system analysis 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. The neighborhood shopping center site generates 5,524 daily vehicle trips or 518 vehicle trips during the pill peak hour. ' 4. The office sites generate 3,842 daily vehicle trips or 520 vehicle trips during the pin 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 i L_. the traffic volumes F ... S. The private driveways/roadways abutting the office components provide adequate site access. The traffic volumes do not justify direct lot access to the arterialstreet system. t). 'The arterial street system operates at an acceptable le%rcl of service under existing conditions. a. The Four arterial streets bordering the site operate at Level ol'Service (LOS) of" C or blllel- UI1liC1• exl5tlllg Colldll1o115. b. The lour arterial street intersections hordcring the Site operate at an acceptable LOS "C or better under existing conditions. Ida. -fhe lust Ifliase oftlle project includes the build out of only IIIC reS d0ltiaa l lit offce component. Undo this level of ilcvelopnlenL' ite a. Tllc lour arterial streets borderin�� tIlc soperate at I_c%i l l.�l` en ice (LOS) of " �tr ilrllCl• urldcr CxiSting i)iLIS prlllCCt Coll .1I loll- b The iMciMillan Road intersections with Linder Road anal ten iMilC Roail operate at an acceptable LOS C or better under existing Illus project Conditions. I :riit�_rli�� rr.rrnnt c. The Ustick Road intersections with Linder Road and Ten >\-'lile Road operate at an unacceptable level of service under existing plus project conditions. Both intersections NN-ill re uire traffic signals if the residential and office portions of this inject are q 1 P - . 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 foul- 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 r,. 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. roach. The McMillan/Ten Mile intersection will � require conversion to all -way STOP control. 12. The net-hborhood shopping center has adequate site access through the foul- 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 rY. 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 Nvidenina to 36-feet at intersections to allow for a center left -turn lane. SITE F. 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. G. 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 rnitm center median. The median should be Constructed a i111111111LI111 of 4-feet wide (hut no larger than I2-leel wide) to total a nlininlunl of a 100-square foot area. The applicant \\:ill be required to dedicate 54-feel of right-of-way plus the additional width of tllc Illedlall FI. The applicant is proposink to construct the plain entrance to tell'' lOwllhollse portion of the subdivision on McMillan Road located approximately east of -fen iN111c Road. The proposed location conlornls to District policy. The entrance should be desi`,ned with 21-Moot street sections on either side ofa center median. The median should he constructed a nlininlunl f-teet wiile (but nil huger than 12-feet Widd to total a nlininlunl ol"a lilt!-siluarc 100t area. "I -he applicant will lie reyuII-Cd to dedicate 544ect pltls.tlle additional wiiltll of the Illelllall. liri�l_rlu��er.rnuii P;I- f, i. 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 IVlcl�1illan Road. The applicant's traffic engineer suggests that this proposed design will eliminate neighborhood cut -through. Staff recommends that the City requlre a pedestrian pathway between the single-family and townhouse lots to provide pedestrian access to 1\1cMillan Road. J. The applicant is proposing to construct Belltower Drive and Towerbi-Khge 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 reet sections with curb, gutter and 5-foot wide street segments be constructed as 36-foot st 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 a, asegments should be stated on the final plat. K. 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. L. 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 Belltower Drive. The proposed driveway locations conform to District policy and should be constructed as proposed. M. 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. N. 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 ofthe stub streets stating that. "THIS ROAD WILL BE EXTENDED 1N THE FUTURE". Coordinate the sign plan fir the stub streets. and the design of the turnaround with District stai'I: 0. The applicant is proposlllg to construct three stub streets to the undeveloped parcels to the northeast and east of the site (parcels incluilcd in the entire planned unit development proposed by this applic-,int). District staffSupportS the locations oftlle stub struts. -1-1 le stub streets: Coppercloud \Vag (to thn e orth). MCSSina Street (to tileeast). st). arld \ rrona Drive (to the cast). Should be Ioc-ited as proposed. Due to the lenLth of the stub ct-eCt. tllc applicant is not proposin�1 to const•uct 1LI1'nal'ound5. ,Uld rlorie are rCiluired. 'I-ite applicant should be relll_III-C(i to install a Slum at life lermini of the stub streets Statill'&' that. " fl IIS RO;\L.) \VILL BE E\ TFNDED IN THE FLI I-L.1I:I:". Coordinate the sign plan for [lie Stull St-ck:tS \\:fill District staff. I ;rih�rl•. rr.� nnn '".. P. The applicant is not proposing to consll-uct it Stub Street to the small parcel to the east of the to\vnhouse lots. In the future, staff will recommend that a Stub street be constructed to that parcel from the east. n -i r# Q. Anv proposed landscape islands/medians a-ithin the public right-of-way dedicated by this plat Should be owned and maintained by a homeotyners association. Notes of this should be required on the final plat. R. Unless othehvise approved, the applicant should be required to construct all public roads within the subdivision as 36-foot street sections tivith curb, gutter, and 5-foot wide concrete sidewalks within 50-feet of right-of-way. S. 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. T. The turnarounds should be constructed to provide a minimum turning radius of 45-feet. SIDEWALK U. 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. V. The applicant should be required to construct a 5-foot wide concrete sidewalk on T€m-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. W. The applicant should be required to construct a 5-foot wide concrete sidewalk on McMillan Road abutting the site, located 2-feet Nvithin the right-of-way. If the applicant constructs a meandering r.. sidewalk, provide a sidewalk easement to the District to construct the sidewalk outside of the ri-lit-of-way. Coordinate the location and elevation of the sidewalk with District staff. X. The applicant should be required to construct a 5-l001. wide concrete si IC"."Ilk iln Ustick Road abuttln`� the site, located ?-leet within the right-of=way. 1i the applicant constructs a meanderin��. sidevtialk, provide a sidewalk casement to the District to COnStruct the SILIO �alk outside of the riLYht-of-way. Coordinate the location and elevation of the sidewalk with District staff. DRIVENV.AYS Y. District policy requires driVeWIvs on ,u•tenal road\ avS to be conslructeil -Iert Isom a FJ si,�nalI7. d intersection for riL -111; 1'IS1,Iit-OUt Operallolls: �141.1-Tell It.�l' Illll �lcccs::.In�l ,I ti-Teel for full access iI'therc ,Ire nl.) intrrvCIIin�_ driveN\ays. Polk',' also requires drivcl. s tip he offset a mininlunl 01 2_ tl-I�cl Irc1nl ,ulV cNisting or prohuscd �h i� e��avS Ibascd "1 _t; \1I'I I ). All of the proposed driveways are located iIi Colllol-Illalice \v'th DisU'ict polies•. as•unlin� future Si��nalizcd Illlcl'S(:lllolls. I.'I'ItiL'l tmCr.CIIII )I A„ Z. Graveled drive\vays abuttinO public streets create maintenance problems due to gavel bein; tracked onto the madway. 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 y : Road, McMillan Road and Ustick Road, and install pavement tapers with 15-loot radii abutti the existing roadway edge. AA. 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 conforns to District policy and should be constructed as proposed. This driveway is the only proposed driveway on Ten Mile Road south of McMillan Road. BB. 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. CC. 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. roposing to constrict a 30-foot wide driveway on the north side of McMillan DD. The applicant is p Road located approximately 440-feet east of Ten Mile Road to serve the commercial lot. The proposed driveway location conforns 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 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. FF. The applicant is proposing to const-uct a 25-foot wide drive\vav 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 GG. The applicant should be reiluircd to ccrost-uct a center turn lane on Tcn Mile Road for the Ten Mile Road:"main entrance Intel-seetWil. The tn-n ]Zinc should be constructed to llrowide a nllnlfllllnl oI i (1O-legit i71 slora�,e \\'Itll shadow tapers for both the approach and departure directions. Coordinate- lllc (ICSIL1n 01*111e turn lane with District :aali. 1-11-1. The applicant s1101.11d be rcLIuircd to const•uct a center turn lane 011 l i n \tile Ruad liar the `I en N ilc Riw�l:chi�e\\av intcrscctiim located south 0fMc\1i11a1turn ]Zinc Shoup] he L:riil rIIa\r.rinni constructed to proviile 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. ' IL 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. r I JJ. The applicant should be required to construct a center turn lane on McMillan Road for the s �.. McMillan Road/main entrance intersection. The tuns 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 Will lane with District staff. KK. 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 Nvith District staff. LL. 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 Nwith District staff. ; MM. 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 mist in the amount of $29,400 for their proportionate share of the cost of the traffic signal at Ustick and Linder Roads. NN. 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. U'1'11,1TIES/ 112R1GATI0N O0. The preliminary plat indicates that the Settlers Canal is located on the sou111 side ofMch-lillan Road. The applicant shoulil relocate the canal outside of the new right-orlwzly of Mcl\'lIIlall Road to provide adequate space 1'or ilittlre mail widening. I'll. All irrigation lacilitics should be relocated outsiiie of the new on iNIchlillan Road. Ten ktile Read and tJSlick Rc)ail. QQ. ;AH utility rel0c, 11011 COSts assUciated with Improving street I'rontagcs ahuttinU the site s1101.11d he borne by the developer. NMI RR. Utility sU-eet 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. SS. 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 Nvithin this report. Special Notification to Citv of'Aleridian: 1. Staff recommends that the ACHD Commission approve this 3 36-lot preliminary plat, but delay acting on anv 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. 2. The applicant is not proposing to connect the single-family residential portion of the subdivision with the to\\'i1hoUSe 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 :V for prior to ACHD approval of the final plat: Site Specific Requirements: 1. 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 pennits), whichever occurs first. Allow up to h 30 business days to process the right-of-way dedication after receipt of all requested material. i.. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existin�u, ACHD right-of-way. 2. Dedicate 484eet of right -of_\ ay li-oni the centerline ofMcMillan Road abutting the parcel by means of recordation o f a lnaI subdivision plat or execution of a warranty deed prior to issuance ofa builclinu permit (or other required permits). whichever occurs lrst. Allow up to 30 business days to process the ri�'uht-of=way dedication after receipt of -all requested material. The owner Neill he paid the fair nrn-I:ct value of the 1-1111I1-OJ'-\ gay dCdiCClled \V1Iich is an addition to existing_ ACHD right-of-way. I:ri�l ri�»trrxnun Dedicate 4S-feet oi'ri�ht-of-way li-om the centerline of Ustick Road abuttinv 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. AIIOW 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- m1le 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. 5. 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 Y. 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. 7. Provide directional si-nage on Belltower Drive where the roadway diverges around the water ie amenity. This signage is necessary to wide motorists in the proper direction. Coordinate the a design of the signage plan with Traffic Services staff. S. Construct two driveways oft•Belltower located approximately 230-feet cast of Ten Mile Road on both the north aril south sides of Belltow er Drive. 9. Connect to two emstim, stub streets that were approved with the Briductower Subdivision (localed north of Ustiel< Roue) as proposed. he streets. Pride Crossing Drive aril TOwerbrid'"e Way, shall be extended into this silo. 1(?. ConStrtiCl twig sluh streets to the tiiiticvClohecl parcel to the of the site. The stub streets. Breeze Creek \Vav ( o the s 11.111 ). and *feano Drive (it) the w esl t. hall he located as proposedl. COIlSt'UCt turnarounds at the evil ul'the stub Streets and install a sign at the termini ul' the stub streets stating that. ""HIS RUAD \VILL BE EXTENDED IN THE FUTURE". h Sign Tin Ic�r the ;t�ih streets. and the design oflhe turnaround with Di,:tricl sniff. Coordinatet e , I 1 1. Construct three stub streets to the undeveloped parcels to the northeast and cast 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 still at the termini oi' 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. r' 13. Unless otherwise approved, construct all public roads within the subdivision as 36-foot street -00 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. l6. 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. IT 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 drivewaystheir full \vidth of 2-4 to 30-feet. and at least 30-fect into the site beyond the edge of pavement ol"Ten \'life ROMI. N.'IcMillan Road and Ustick Road. and install pavement tapers with 15-foot radii abutting_ the cxistin2 roaI": v ed-e. '0. Construct a ?�-loot wide drivc:\ av on the ease side of Ten \lilc Road loczIled approximately Stl-feet south of Nlc\lillan Riuld to serve the oflice and ci�mmercial lots, a proposed. 1. C�?nstrurt a ail-li1oi ,V i�lc drive. ;_ ;.1n the call si�ic offell \tile Road loc;ltcd appro direly 44(.1 Icet north of I�lc\liilan f:1.1,ld i;., :crve the Coll nrercial la as pl'oposcll. I �ri�i�_i I��.•r.innn 22. Construct a 0-foot \vide drivewaiv on the cast side of Ten Mile Road located approximately 20-feet south of the north property line to serve the commercial lot, as proposed. CC.2 3. Construct a 30-foot wide drive\ av 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 \vest 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. t 26. Construct a center turn lane on Ten Mile Road for the Ten Mile Road/plain 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 mininuun of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turll 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. 30. Construct center turn lanes on McMillan Road for the McMillan Road/driveway intersections located east of Ten Mile Road. "l-hr Will lanes shall be const-ucted to provide a nlininlunl ol' 100-feet of storage \with siimiow tapers I6r both the approach and departure directions. Coordinate the design of the turn lanes Willi District staff. 1. Construct gilded lelt-turn lanes inn ,ich intersection approach at the Ustick Road/Linder l"O.Id intersection and at the Ustick IZ(Iuld i,en \-rile Road intersectii�n. "The applicant shallcuurdinate the design of these impruvenlcnl: \\'1111 I)istricl stall. Provide a road trust dcpilsit for of Illc cost ofa t'aflic spinal ut the Ustick Road/1-indcr Intel'sMioll Ill the allllltlllt of s IM— tllell' 1)I-01)01-t1011zlte shal'c CAI the Cost of the tral llc signal at Ustick and Linder Ro,ul::. I.ri.l cl."atr.::nnn Provide a road trust deposit I'or ?7 , n of the cost of a traffic signal at the Ustick Road -Ten I Ile Road intersection in the amount of S37,S00 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. i -T.. 36. All utility relocation costs associated \vith 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. L r< Standard Requirements: 1. A request for modification, valiance 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 ,e do not provide sufficient time for District staff to renlove the item from the consent agenda and ..:-, r report to the Commission regarding the requesteil nlodilication. variance or \vaiver. Those items will be acted on by the Con11111SS1011 unless removed from the agenda by the Commission. After ACHD Conlnlission action. any request for reconsideration ofthe Conmission"s action shall be made in \\ ritin-, to the Planning aIILI Dcvclopnlent Supervisor within six days ofthe action and shall HICiLKIC a 1111111111UI11 fee 0f Sl 1(:.0). The request for reconsideratiiul shall specifically identily each nyuirement to be reconsidered and include \yritten documentation ol, data that was not a\ailabic th the C'i)nlnlissik)n at the lime of its ori_inal decision. fhe reyuCst for reconsideratii�n \will be heard by the C)iSWii:t COMI)IIssion at the IICX1 regular meeting oflhL' C01111111SS1011. II II'IC t_ 0111111ISS1011 agrees to rCconsidrr the action. the al)plicanl \\.ill be notific�l of the date and time ol'the Commission nlecting at \vllich the reconsideration \\ ill be heard. I;riel��•Irn\�•r.�nine 9M �. Payment of applicable road impact lees are required prior to building construction in A.. 1 accordance with Ordinance 4193, also known as Ada County Hl�,hway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance \vitlh the Ada County Higlh\\-ay 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 permit <. (or other required permits), which incorporates any required design changes. ICTM4 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 DIGUNE (1-800-342-1585) at least two full business days prior to breaking -round within ACHD right-of-way. The applicant shall contact �. ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are r compromised during any phase of construction. • I'rid, -rr.Cnni No change iil the terms and COnChtons )till's approval shall be valid unless they are in \\,ritin�� 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 confinmtion of any cllange li-om 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 conlpl_v 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 Nvithin 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: I)ALT.rIll n DATE PUBLIC HEARING SIGN-UP SHEET I I A 70m PROJECT NUMBER �-Z, 01 -b0,3 PROJECT NAME Cr RECEIVED APR 19 2001 City of Meridian City Clerk Office March 12, 2001 AZ 0 1 -003 MERIDIAN PLANNING & ZONING MEETING March 15, 2001 APPLICANT Primeland Development, Co. LLP ITEM NO. 10 REQUEST Annexation and Zoning of 371.42 acres in proposed R-4 and C-G zones for proposed Bridgetower Crossing Subdivision -- 2420 Ustick Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: SANITARY SERVICE: MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: COMMENTS MFD will not have a problem with this Annex change No Comment No comment No Comment See attached comments We have no objections to this proposal No comment IDAHO POWER: US WEST: INTERMOUNTAIN GAS: V OTHER: Contacted: (' i7 € ;��! Date: �L Phone: r Materials presented at public meetings shall become property of the City of Meridian. Preporing Tcdoy's o Students for IV Tomorrow's Challenges. Joint School District No. 2 •eo9/e. MeT,d�O� 911 Meridian Street • Meridian, Idaho 83642 • (208) 888-6701 • Fax (208) 888-6700 SUPERINTENDENT Christine H. Donnell February 28, 2001 RECEIVED City of Meridian 33 East Idaho Street Meridian, Idaho 83642 Dear Councilmen: LIAR — 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`h 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 Ll . � .. � TSB r •a �.% L� 6� ✓� ,►ram #. IF \ �r . \�� - . } / : {• , ■ I MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless MEMORANDUM: 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 To: Planning & Zoning Commission/Mayor & City Council From: Bruce Freckleton, Assistant to City Engineer 4 Brad Hawkins -Clark, Planner 11�&(_ Re: BRIDGETOWER CROSSING SUBDIVISION PA Z Kia,W IlS 1 Z6C1 Jjov� NO, b bU1LMN" 1JhYAK 1 MhN 1 (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • FAX 888-6854 March 12, 2001 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 Staff s 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. BridgetowerCrossng. AZ.PP. CUP.doc AZ-01-M, CUP-01-006,PP-01-005 Planning & Zoning Commission/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 BridgetoweiCrossng.AZ.PP.CUP.doc AZ-01-003, CUP-01-006, PP-01-M Planning & Zoning Commission/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 Staffs 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. BndgetoweCrossng.AZ.PP.CUP. d0e AZ-01-M, CUP-01-006, PP-01-M Planning & Zoning Commission/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? 0 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 Bndgetowe`Crossng AZ.PP.CUP.doc AZ-01-003, CUP-01-006, PP-01-005 Planning & Zoning Commission/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, Br idgetowerCrossng. AZ.PP. CUP. doc AZ-01-M, CUP-01-006, PP-01-005 1%..1K Planning & Zoning Commission/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 1. 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 BridgetowerCrossng.AZ.PP.CUP.doc Planning & Zoning Commission/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 1I- 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 BridgetowerCrossng. AZ.PP.CUP.doc AZ-01-003, CUP-01-006, PP-01-005 Planning & Zoning Commission/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'xl20') 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-01-005 BridgetowerCrossng.AZ.PP.CUP.doc Planning & Zoning Commission/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 Staff verbally that the W. Belltower Drive collector at Ten Mile Road, currently shown in Phase 3 of the plat, is likely to be constructed within 12-15 months to provide a second ingress/egress point for the subdivision. The White Drain Trunk is proposed to be laid within the Belltower Drive right-of-way. The Applicant 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. BridgetowerCrossng.AZ.PP. CUP.doc AZ-01-003, CUP-01-006, PP-01-M Planning & Zoning Commission/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.I) 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. BridgetowerCrossng.AZ.PP.CUP.doe AZ-01-003, CUP-01-006, PP-01-005 Planning & Zoning Commission/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 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 BridgetowerCrossng.AZ,PP.CUP.doc 1..- Planning & Zoning Commission/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. 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-M BridgdowerCrossng.AZ.PP.CUP.doc Planning & Zoning Commission/Mayor & City Council March 12, 2001 Page 13 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 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 ariagecowerCrossng. AZ. PP. CUP. doe AZ-01-003, CUP-01-006, PP-01-005 ,%.s Planning & Zoning Commission/Mayor & City Council March 12, 2001 Page 14 Compliance process only, subject to Ordinance 12-6-6.F, 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 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), 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 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. AZ-01-003, CUP-01-006, PP-01-005 Bridgetowe Crossng.AZ.PP.CUP,doe 11. . Planning & Zoning Commission/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 Chapter Policies 3.1 U, 3.2U AZ-01-003, CUP-01-006, PP-01-M 13ad8e[0vmCr0Ssng.AZ.PP.CUP.doc Planning & Zoning Commission/Mayor & City Council March 12, 2001 Page 16 Land Use Chapter Policies 2.1U, 2.2U, 2.3U, 6.3.c Natural Resources and Hazardous Areas Chapter Policies 1.1U, 2.1U, 2.5U, 3.1U, 4.1U Transportation Chapter 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 Chapter Policies 1.8, 5.2U BridgetowerCmssng.AZ.PP.CUP.doc AZ-01-003, CUP-01-006, PP-01-005 Mar 14 01 05:04p BECKY BOWCYTT PLANNING SERVICE 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 & ZONING GENERAL COMMENT 1. The applicant is in agreement. 2. The applicant is in agreement. 3. The applicant is in agreement. r p.z 1 �Q 1i Ing d zw Icq I WIU V -1 l �� ; 2CCi ff 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 anaexation. 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. This separation of the project into two segments would create problems with open space and non -conforming use exceptions. It is the intent of Public Works Department to extend sewer senice (i.e.. Whit Trunk) through the property to the east boundary. If the easterly area was excluded from the approval under MAR 14 101 17:08 PAGE.02 Mar 14 01 05:04p p.3 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. ANNEXATION - SITE SPECIFIC REQUIREMENTS I. 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. Staff's 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. ANMXATION & ZONINfSTANDAR FQUIRE FNTS 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 PLrC n7 rear 14 01 05:04p p.4 PRELIMINARY PLAT REQUIREMENTS GENERAi, 1. The applicant is in agreement. 2. The applicant will comply. PUBLIC WORKS 1. 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. 9.1 am confused about the lot and blocks referenced in the condition. I believe the condition should read Lots 23 - 45, block I 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. STRF. T /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. I 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. _Landscaping && Fencing 1. The applicant will comply. 2. The applicant will comply. 3. Lot 20 was intended to accommodate the White Drain and landscaping. I 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 h1AR 14 ' 01 17: 09 PIZ)rr: MA Mar 14 01 05:05p p-5 an ideal location for a City well. 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. 8. 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. SOCKS & 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. OTHER SITE REOUIREMENT.� 1. The applicant will comply. 2. The applicant will comply. 3. The applicant will comply. 4. The will attempt to comply. NDITIONAL USE REQUIREMENTS 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 14 101 17:09 PAGE.05 Mar 14 01 05:05P P.6 7. The applicant agrees. 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 NMID 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 anidous 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 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 PAGE.05 �. �'IQt1t't 1 rl -- — Ada County High � 1151 ZC0 14er i NG. 10 y —1vey-uerr, eresident 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 S Zoning Commissioners and Staff; et 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 o the area beinng plat for 175-acres. The applicant also submitted a conceptual planrezoned but not urinary currently being platted. Due to traffic considerations, the ACHD Commission has no application, while we are awaiting further information. t yet acted on this 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 surrounding square miles of Bridgetower, though official applications have not yet been submitted. 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 end of next week. We will use to the information from the study to determine what improvements are necessary by these developments to keep the roadways operating at capacity. For example, ACHD may require turn lanes, widening of the arterials, construction of traffic signals and other system improvements, by implementing an extra -ordinary impact fee overlay district. That is just one idea, and I anticipate further in- depth investigation once the study has been reviewed. The summary analysis of the traffic study for the plat and 370-acre annexation/rezone request includes the following information (excluding arterial roadway information): 1, The project site includes 744 single-family residences, 61 senior housing units and 349, 000 sq ft of general office space. A future phase north of McMillan Road includes a 15.68-acre neighborhood shopping center. 2. The residential/office portion of the site generates 11,136 daily vehicle trips or 1, 303 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, g MAR 15 101 11:51 20e 387 6393 PAGE.01 4. The elementary school generates 510 daily vehicle trips or 130 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 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 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. 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 collector streets. Construct the collector street system as proposed. 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 need for traffic calming. The traffic volumes do not justify a collector street connection to McMillan Road. 5. 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 7. 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 Collector 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 '01 11:51 208 387 6393 PAGE.02 For your purposes, I have reviewed the site plan and offer the following comments on the proposed Preliminary plat (excluding impacts and required improvements to the surrounding arterial roadways, and excluding the conceptual "future" plan): Driveways for the proposed office/commercial lots on McMillan Road and Ten Mile Road should be located 440-feet from the intersection for full access driveways, as proposed. Towerbridge Drive, Belltower Drive and Desert Breeze Avenue should be constructed as residential collectors: 36-foot street sections, with curb, gutter and 5-foot wide concrete sidewalks. Parking and front -on housing are restricted on residential collectors. • The intersection location of Ten Mile Road and Belltower Drive appears to conform to ACHD policy, • The intersection location of McMillan Road and Desert Breeze Avenue appears to conform to ACHD policy. • All irrigation and utility facilities on Ustick Road, Ten Mile Road and McMillan Road, are to be relocated outside of the new rights -of -ways. (This includes the Settlers Canal.) Dedicate 48-feet of right-of-way from the centerline of Ustick Road, Ten Mile Road and McMillan • Road. The applicant is not proposing a vehicular connection with this plat to McMillan Road in order to prevent cut -through traffic. Staff recommends that the City require a pedestrian connection between the town homes (Block 7) and the subdivision lots (Block 4), The applicant does not indicate a stub street to the parcel to the east of the town homes, and west of the "future" site. ACHD may require a stub street to that parcel either with the current application, or in the future, with the development of the area being annexed, but not yet platted. Local streets should be constructed as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks within 50-feet of right-of-way. ACHD policy also allows 29-foot street sections with parking restricted on one side for streets with less than 1,000 vehicle trips per day. The applicant is proposing to stub the following streets to the property that is "future" that is also being annexed: Coppercloud Way to the north; Messina Street to the east; Verona Drive to the east; Teano Drive to the east; and proposing a connection to Towerbridge Wa staff. y at the south. The internal street intersection designs should be reviewed and approved by ACHD Traffic Services Based on the traffic study and the site plan, it appears that the internal roadway configuration conforms to ACHD policy. ACHD would request that the City Council not make a final determination on this project until after thorough review of the traffic impacts to the -system, and approval by the ACHD Commissioners. Sincerely, 11 Christy Richardson Principal Development Analyst Cc' Becky Bowcutt City of Meridian, Planning & Zoning MAR 15 101 11:51 --• , -1 IN 111 LCJ CJI iZe iiv- kr-UO) for-00=7.L 7177 1"Mbt; 1/1( 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! nnn en one nn.�n - ace mr-M 17y GVjCjl ILL_ NIJ; Vr_fUt3Yjdj7 b.j71 ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report Preliminary Plat— Bridgetower CrossinaiMPP01-005 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 175.9 1 -acres. The 175.91-acre site is located at the southeast corner of Ten N1i1e 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 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 & R4 - Existing zoning 175.91- Acres 336 - Proposed building lots 259-Single family lots 59-Townhome lots 8-Of ice 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 1 ILL I`IV• iauoI JC37-OJ71 V11tilJ6 PHbt- J/1( Bridgetower Crossing Subdivision Ten Nile Road, McMillan Road, Ustick Road 1000 0 1000 2000 Feet w & S Bridgetower. cmm Page 2 coo 1a +ra1 no--, .. -I 11 1 1 "Uj V ICL IIU� lL'UUTJ JCSi—OJ71 #IUI U HHGL: 4/1l 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 f1OD 10 r nq fa0 - 7^n — • �" M[ It jam, C-UVJl I t.L NV-- l CNt )_ 36Ir b31j1 41&138 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. MZA01-001 — Planned Unit Development 2. M AZO 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. 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" forni 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 noo In + n a fan • �� U7.10 mrm 17, c'u✓Jl ILL NO: (2U8) 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 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. cmm Page 5 1I I ""'1 ILL HU; (eUb) 38r-bjyl #18138 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. 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. 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. emm Page 6 _T— v- Meru ..�u I -01»1 4P1t31Jo iHUL; d/1( 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 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 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 Opp 1q 101 nq:7r, UZ7.ILL NU; (-:Xb) 38'T bJJ1 #18138 PAGE: 9117 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 stag. 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 U'J;lb HtK IJY cUel _ IEL N0: (e08) 387-6351 418138 PAGE 10117 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 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 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. Il. 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 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: 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 nPP IQ I MI sq: ZR r�nrr a a u .�• i� nrr� ice/ �er�i ICL nv• lGrJOJ JOf 'OJJi 1flO1JO rHkDF_- LC -,I! 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 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 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 noo 10 Oni no•-70 09:18 APR 19, gb01 TEL N0: (208) 367-6391 418138 PAGE: 13117 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 ..� .� r i� cc,cl i�� iiv• ILrJUi JOf-U.7�i lrlol.7o 1"nVC• 1�1/1( 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 stag. 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 stag. 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 flop 10 P nl ra0 • An ILL NU: (-'UU) :387-b351 #16136 PAGE: 15/17 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. 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 identifv 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 b9:21 HPR 19, 2001 TEL N0: (208) 387-6391 #k18138 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 identit, 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 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 Wv • (-i nr R 1 a P CUU 1 a I EL NO: l EW) 387-6391 418138 PAGE: 17/ 17 8. No change in the terns 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 continents, please contact the Planning and Development Division at 387-6170. Submitted by: Planning and Development Staff Commission Action: Bridgetowerxmm Page 16