HomeMy WebLinkAboutBridgetower Crossing East Subdivision PP-02-014
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR PRELIMINARY
PLAT FOR BRIDGETOWER
CROSSING EAST SUBDIVISION,
LOCATED BETWEEN USTICK
AND McMILLAN ROADS AND
BETWEEN TEN MILE AND
LINDER ROADS, MERIDIAN,
IDAHO
BY: PRIME LAND
DEVELOPMENT,
APPLICANT
C/C 10/22/02
Revised 01-06-03
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Case No. PP-02-014
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY
PLAT
The above entitled matter coming on regularly for public hearing before the City Council
on October 22, 2002, and Brad Hawkins-Clark, Interim Planning Director, for the Planning and
Zoning Department, Becky Bowcutt, and Warren Watson, appeared and testified, and the
Council acknowledges the concerns of Brian L. and Margaretha M. English in their letter dated
April 19, 2002, and the City Council having received a report from Brad Hawkins-Clark of the
Planning and Zoning Department, and Bruce Freckleton, Engineering Technician ill, and the City
Council having received as part of the record of this matter the recommendation to City Council
of the Planning and Zoning Commission and the applicant having submitted the
"PRELIMINARY PLAT BRIDGETOWER CROSSING EAST SUBDIVISION, PARCELS OF
LAND LOCATED IN SECTION 35, TOWNSHIP 4 NORTH, RANGE 1 WEST, B.M., ADA
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF
CONDITIONAL APPROVAL OF PRELIMINARY PLAT BRIDEGTOWER
CROSSING EAST SUBDIVISION - (pP-02-014)
1
COUNTY, IDAHO, DWG DATE: 06/27/02, REVISION: 10111102 BY: BKB 12/13/02 BY:
BKB, STAMPED DATE: RECEIVED DEC 192002 CITY OF MERIDIAN CITY CLERK
OFFICE, DWG NO. 20401, SHEET: I OF 3 PREL, \20401-PRE.DWG BKB, PRIMELAND
DEVELOPMENT CO., LLP - DEVELOPER, BECKY BOWCUTT - PLANNER, BRIGGS
ENGINEERING, INC. - ENGINEERS PLANNERS SURVEYORS", Primeland Development,
LLP submitted for preliminary plat approval and which preliminary plat for approval application
is herein received and adjudged by the City Council pursuant to Meridian City Code S 12-3-3.
Therefore the City Council makes the following findings:
FINDINGS OF FACT
1. That the proposed development is in conformance with the Comprehensive Plan
by reason ofthe fact that it lies within the existing Urban Area as defined in the Meridian
Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis
Comprehensive Plan and Map, adopted December 21, 1993, and the property is presently zoned
(R-4) Low Density Residential, and requires connection to the Municipal Water and Sewer
System. [Meridian City Code S 11-7-2 C]
2. The preliminary plat is in conformance with the Comprehensive Plan City of
Meridian adopted December 21, 1993, Ordinance No. 629.
3. It is determined that public services can be made available to accommodate the
proposed development if the plat complies with the requirements and conditions hereinafter set
forth as conditions of preliminary plat approval.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF
CONDITIONAL APPROVAL OF PRELIMINARY PLAT BRIDEGTOWER
CROSSING EAST SUBDIVISION - (pP-02-014) 2
4. The proposed development is a continuity ofthe proposed development within the
City's Capital Improvement Program and if the conditions which are requested by the Planning
and Zoning Administrator and the Engineering Technician III and as proposed by the developer
as stated on the preliminary plat there will be public financial capability of supporting services
for the proposed development.
5. The development if built in accordance with the conditions and as proposed, will
not create health, safety or environmental problems and there have been no specifics of any such
concerns brought to the Council's attention.
6. It is found that the Recommendation To City Council of the Planning and Zoning
Commission is reasonable and appropriate for the conditions of approval of the preliminary plat
as hereinafter set forth.
7. The applicant has submitted for consideration of this approval drawing of the
preliminary plat herein designated as: "PRELIMINARY PLAT BRIDGETOWER CROSSING
EAST SUBDIVISION, PARCELS OF LAND LOCATED IN SECTION 35, TOWNSHIP 4
NORTH, RANGE 1 WEST, B.M., ADA COUNTY, IDAHO, DWG DATE: 06/27/02,
REVISION: 10/11102 BY: BKB 12/13/02 BY: BKB, STAMPED DATE: RECEIVED DEC 19
2002 CITY OF MERIDIAN CITY CLERK OFFICE, DWG NO. 20401, SHEET: 1 OF 3 PREL,
\20401-PRE.DWG BKB, PRIMELAND DEVELOPMENT CO., LLP - DEVELOPER,
BECKY BOWCUTT - PLANNER, BRIGGS ENGINEERING, INC. - ENGINEERS
PLANNERS SURVEYORS".
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF
CONDITIONAL APPROVAL OF PRELIMINARY PLAT BRIDEGTOWER
CROSSING EAST SUBDIVISION - (PP~02-014) 3
DECISION AND ORDER
Pursuant to the City Council's authority as provided in Meridian City Code S 12-3-5
and based upon the above and foregoing Findings of Fact which are herein adopted:
IT IS HEREBY ORDERED AND THIS DOES ORDER
1. The Preliminary Plat of the applicant as evidenced by "PRELIMINARY PLAT
BRIDGETOWER CROSSING EAST SUBDIVISION, PARCELS OF LAND LOCATED IN
SECTION 35, TOWNSHIP 4 NORTH, RANGE 1 WEST, B.M., ADA COUNTY, IDAHO,
DWG DATE: 06/27/02, REVISION: 10/11/02 BY: BKB 12/13/02 BY: BKB, STAMPED
DATE: RECEIVED DEC 19 2002 CITY OF MERIDIAN CITY CLERK OFFICE, DWG NO.
20401, SHEET: 1 OF 3 PREL, \20401-PRE.DWG BKB, PRIMELAND DEVELOPMENT
CO., LLP - DEVELOPER, BECKY BOWCUTT - PLANNER, BRIGGS ENGINEERING,
INC. - ENGINEERS PLANNERS SURVEYORS", is hereby conditionally approved; and
2. The conditions of approval are as follows to~wit:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
General
1. Applicant shall modify the Preliminary Plat to re-number the lot and block
numbers associated with Block 20 on Sheet 1 of3. Specifically, the block
starting at the southeast comer ofN. Palatine Way and W. Los Flores Drive
should become a different block than number 20. Submit a revised Preliminary
Plat with corrected numbering at least ten (10) days prior to the City Council
hearing.
2. The developer must coordinate with Joint School District No.2 to ensure all
necessary public infrastructure is constructed to serve the school lot prior to the
District receiving building permits for the elementary school.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF
CONDITIONAL APPROVAL OF PRELIMINARY PLAT BRIDEGTOWER
CROSSING EAST SUBDIVISION - (pP-02-014) 4
3. Add the "Right to Farm" note to the plat.
4. Obtain a letter from the Ada County Street Name Committee, approving the
subdivision and street names. Make any corrections necessary to conform.
5. The Applicant shall coordinate the piping of the waste ditch with Mr. and Mrs.
English regarding the English> s waste drainage and continuation and non
disruption of such waste drainage.
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 new mains to the
newly installed White Trunk Line. 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 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. 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 and association or and 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 ofthe development
plan review process. A draft copy ofthe Pressurized irrigation system O&M
manual must be submitted prior to plan approval.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF
CONDITIONAL APPROVAL OF PRELIMINARY PLAT BRIDEGTOWER
CROSSING EAST SUBDIVISION - (pP-02-014)
5
6. The soils investigation report submitted with the application indicates that
groundwater was encountered within the project site. Design engineer shall
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. Submit any updated soils/groundwater monitoring data collected since the initial
investigation date.
8. All proposed permanent and temporary sanitary sewer construction easements
have been shown on the Preliminary Plat map.
9. If Settlers' Irrigation District easements on the Settlers Canal, White Drain, or
Coleman Lateral encroach into buildable lots, provide a copy of the executed
encroachment agreement with the Settlers' District, indicating how the land
underlying these easements may be used, prior to signature on the final plat. If
encroachment is not granted, the easement area will need to be removed from the
building lots.
S treets/Pathways
1. Per Ordinance 12-13-10-8 (Landscape Ordinance, Parkways), provide detached
sidewalks adjacent to McMillan Road and Linder Road. The minimum width of
the parkway area between the curb and sidewalk is five (5) feet.
2. In accordance with Ordinance 12-4-5 (Block Lengths), add a new stub street
between Lots 31 and 33, Block 26. Submit a revised Preliminary Plat that
complies with this design.
3. Applicant shall be required to construct open-vision fencing or four-foot-high
solid fencing (max.) along both sides of all micropaths. Lattice that is at least
80% open shall be allowed atop a four-foot solid fence. 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.
4. Applicant has agreed to add an additional stub street south of Lot 31. Such stub
street shall be an extension of what is identified on the preliminary plat as San
Remo Street.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF
CONDITIONAL APPROVAL OF PRELIMINARY PLAT BRIDEGTOWER
CROSSING EAST SUBDIVISION - (PP~02~014) 6
5. Applicant has agreed to extend the island on Los Plores street at the entrance to
Block 32.
LandscapinglF encing
1. A permanent, six-foot high, solid fence shall be constructed along the perimeter
ofthe subdivision adjacent to existing agricultural land. 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 each Pinal Plat
application. A letter of credit or cash will be required for all fencing prior to
signature on the Final Plat. No fencing is permitted within 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 Pinal 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. Applicant shall submit detailed grading plans of the stormwater ponds for review
and approval by the Public Works Department with each Pinal Plat application.
4. All stormwater ponds shall be designed in accordance with Ordinance 12-13-14.
5. 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.
Blocks and Easements
1. The preliminary plat has been modified to reflect the easement for Settler's
Canal. If the easement encroaches 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 Pinal Plat, submit a copy of an encroachment agreement granting the final
approval of said building encroachments.
2. The preliminary plat has been modified to reflect the easement for the Coleman
lateral. If the easement encroaches 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF
CONDITIONAL APPROVAL OF PRELIMINARY PLAT BRIDEGTOWER
CROSSING EAST SUBDNISION - (pP-02-014) 7
to signature on the Final Plat, submit a copy of an encroachment agreement
granting the final approval of said building encroachments.
Additional Conditions
1. Relationship of Preliminary Plat to PD Concept: The following note (on page 10,
Item #12) was included in the Decision and Order Granting the CUP for
Bridgetower Crossing, outlining how the subject application corresponds to the
approved PD application:
"This project is approved in concept only. The concept includes:
maximum number of residen tial lots not to exceed 692 (does not include
townhouse lots), mixed uses, school site, setbacks, collector roadways,
amenities and open space. The applicant recognizes that the approval is
in concept only and that detailed approval shall be required by submittal
of all appropriate applications, including, but not limited to, preliminary
plat or plats and conditional use permit or permits. The detailed approval
shall be subject to all applicable Ordinances unless otherwise approved
under the original Planned Unit Development application. "
2. Phasing Plan: The phasing order shown on the Preliminary Plat differs from the
phasing shown on the approved PD. The Applicant shall clarify for the P&Z
Commission which phasing shall be followed. Specifically, the developer must
coordinate with Joint School District #2 to ensure all necessary public
infrastructure is constructed to serve the school prior to the District receiving
building permits for the elementary school (currently shown in Phase 1 but
abutting Phases 3,5, and 6 of Bridgetower Crossing East). Applicant shall have
the authority and flexibility to work with Planning and Zoning staff to resolve
minor changes in the phasing plan.
3. Street Sections: The application states the local street sections will be 33 feet
wide with ACHD's approval.
4. Settler's Irrigation District has agreed to allow the Developer to install a 12-foot-
wide pathway along the White Drain for use by the public. Settler's additionally
wants the City of Meridian to enter into an agreement with the District similar to
the NMID agreement.
B. Adopt the Meridian Fire Department Recommendations as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF
CONDITIONAL APPROVAL OF PRELIMINARY PLAT BRIDEGTOWER
CROSSING EAST SUBDNISION - (PP-02-014) 8
1. One and two family dwellings will require a fire-flow of 1,000 gallons per
minute available for duration of2 hours to service the entire project. Fire
hydrants shall be placed an average of 400' apart.
2. Commercial and office occupancies will require a fire-flow consistent with the
Uniform Fire Code to service the proposed project. Fire hydrants shall be placed
an average of 400' apart.
3. The fire department requests that any future signalization installed as the result of
the development of this project be equipped with Opticom Sensors to ensure a
safe and efficient response by fire and emergency medical service vehicles. The
cost ofthis installation is to be borne by the developer.
4. Acceptance ofthe water supply for fire protection will be by the Meridian Water
Department.
5. Final Approval of fire hydrant locations shall be by the Meridian Fire
Department.
6. All roads shall have a turning radius of 28' inside and 48' outside.
7. Insure that all yet undeveloped parcels are maintained free of combustible
vegetation per section 1103.2.4 of the Uniform Fire Code.
8. All access roads within the project shall have a clear driving surface with a
minimum width of20' available at all times. Typical street width of34' will be
allowed to have parking on both sides. The typical collector street with a width of
29' will be required to have restricted parking to only one side. Restricted
parking will be required for Blocks 2, 58, 57,20,36, and 28.
9. Operational fire hydrants and temporary or permanent street signs are required
before combustible construction begins.
10. The phasing plan may require that any roadway greater than 150' in length that is
not provided with an outlet shall be required to have a turnaround.
11. A minimum of two points of access will be required for any portion of the
project, which serves more than 50 homes.
C. Adopt the Recommendations ofthe Ada County Highway District's report dated
August 7,2002, including both the Site Specific Requirements of Approval and
the Standard Requirements.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF
CONDITIONAL APPROVAL OF PRELIMINARY PLAT BRIDEGTOWER
CROSSING EAST SUBDIVISION - (PP-02-014)
9
D. Adopt the comments of Sanitary Service as follows:
I. Pertaining to the waste enclosure designs, further review shall need to be done
for the school, offices and club house.
E. Adopt the Requirements ofNampa & Meridian Irrigation District as follows:
1. A Land Use Change/Site application shall be filed with the District.
2. All laterals and waste ways must be protected and all municipal surface drainage
must be retained on site. If any surface drainage leaves the site, the District must
review drainage plans. The developer must comply with Idaho Code S31-3805.
F. Adopt the comments of the Water Department as follows:
I. 12" water mains on North Linder and North Ten Mile Roads shall need to be
extended.
G. Adopt the Recommendations of the Central District Health Department in their
report dated 7/18/02.
H. Adopt the comments of the Meridian Police Department as follows:
1. The Police Department cautions that this development, along with the other
current and pending projects in the area, are forcing the need for major
expansion and improvement on all major roadways currently in this developing
area. Traffic needs shall have to be addressed in the very near future.
I. Adopt the action of the City Council taken at their October 22,2002 meeting,
and for further clarification, Applicant shall:
1. The Applicant shall comply with all the conditions of Settler's Irrigation
District.
2. For clarification, the Developer shall pipe the waste irrigation ditch that exits the
English property, and provide all necessary easements.
3. The Developer relocated the entrance along Linder Road south about 25 to 30
feet. This is at the request of Mr. and Mrs. English due to the lights on the
outbound lane so that they would not shine into their windows.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF
CONDITIONAL APPROVAL OF PRELIMINARY PLAT BRIDEGTOWER
CROSSING EAST SUBDIVISION - (pP-02-014)
10
day of
4. The Developer has provided another stub street along the eastern boundary for a
second means of access in the future out of that eastern boundary.
5. Phasing Plan: The phasing order shown on the Preliminary Plat differs from
the phasing shown on the approved PD. The Applicant shall clarify for the P&Z
Commission which phasing shall be followed. Specifically, the developer must
coordinate with Joint School District #2 to ensure all necessary public
infrastructure is constructed to serve the school prior to the District receiving
building permits for the elementary school (currently shown in Phase 1 but
abutting Phases 3,5, and 6 of Bridgetower Crossing East). Applicant shall have
the authority and flexibility to work with Planning and Zoning staff to resolve
minor changes in the phasing plan.
6. The Planning and Zoning and Public Works Department shall have the
opportunity to review and approve the Settler's Irrigation License Agreement.
7. A 12-foot-wide asphalt, public pathway shall be constructed along the White
Drain, and said pathway shall be placed within a public pedestrian easement and
allowed to have a four-to-one slope on both sides so that it meets the ditch safety
standards.
8. The Homeowners Association shall be responsible for all light maintenance, such
as: picking up trash, mowing, weeding, anything along manicuring and caring for
the turf along the pathways and common areas.
9. The Settler's District shall be responsible for heavy maintenance, such as:
cleaning out the ditch, and Applicant shall provide vehicular access for the
District to access the ditch.
10. The City of Meridian shall be responsible for maintaining the 12-foot-wide
asphalt pathway.
By action of the City Council at its regular meeting held on the
~
~/ a']/(AAJi/!.-.(/t ,2003.
(j
ROLL CALL
7/f::;
COUNCILMAN BIRD
VOTED fJ!eJ/L-
COUNCILWOMAN deWEERD
VOTED (;ice
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF
CONDITIONAL APPROVAL OF PRELIMINARY PLAT BRIDEGTOWER
CROSSING EAST SUBDIVISION - (pP-02-014)
11
COUNCIL WOMAN McCANDLESS
VOTED~
VOTED~
COUNCILMAN NARY
MAYOR ROBERT D. CORRIE
;;?~~~R~J ai}
"-Tr-- .~, ~.
VOTED
Copy served upon Applicant, The Planning and Zoning Department, Public Works
Department and City Attorney.
BYJb.~P /h'h ~
City Clerk' /
Dated: --7-- t7:3
Z:\Work\M\Meridian\Meridian 1 5360M\8ridgetower Crossing East Sub PP02-014\FfClsOrdPP.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF
CONDITIONAL APPROVAL OF PRELIMINARY PLAT BRIDEGTOWER
CROSSING EAST SUBDIVISION - (PP-02-014)
12