HomeMy WebLinkAboutBridgetower Crossing Subdivision CUP-01-006BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 07-03-01
Revised 0%26-01
Revised 10-04-01
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR
BRIDGETOWER CROSSING
SUBDIVISION IN PROPOSED
R-4 AND C-G ZONES,
LOCATED NORTH OF USTICK
ROAD AND EAST OF TEN
MILE ROAD, MERIDIAN,
IDAHO
PRIMELAND DEVELOPMENT
CO., LLP,
APPLICANT
Case No. CUP-01-006
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL
USE PERMIT
The above entitled conditional use permit application having come
before the City Council on June 19, 2001 and continued until July 3, 2001, at the
hour of 6:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and
Shari Stiles, Planning and Zoning Administrator, appeared and testified, and
appearing and testifying on behalf of the Applicant was: Becky Bowcutt, and
appearing in opposition and/or with comments or concerns were: Margaretha English,
Brian English and Tom Anderson, and the City Council having duly considered the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - I
evidence and the record in this matter and the Recommendations to City Coundl
issued by the Planning and Zoning Commission who donducted a public hearing and
the Council having heard and taken oral and written testimony, and having duly
considered the matter, the City Council hereby makes the following Findings of Fact,
Contusions of Law and Decision and Order to-wit:
FINDINGS OF FACT
1. A notice of a public hearing on the conditional use permit was published
for two (2) consecutive weeks prior to the said public hearing scheduled for June 19,
2001 and continued until July 3,2001, before the City Council, the first publication
appearing and written notice having been mailed to property owners or purchasers of
record within three hundred feet (300') of the external boundaries of the property
under consideration more than fifteen (15) days prior to said hearing and with the
notice of public hearing having been posted upon the property under consideration
more than one week before said hearing and the copies of all notices were made
available to newspaper, radio and television stations as public service announcements;
and the matter having been duly considered by the City Council at the June 19, 2001
and continued until July 3, 2001, public hearing; and the applicant, affected property
owners, and government subdivisions providing services within the planning
jurisdiction of the City of Meridian, having been given full opportunity to express
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 2
comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set
forth in Idaho Code {}67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-
5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof
of Posting filed with the staff report.
3. This proposed development request is in an R-4 and C-G zones and by
reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was
required before the City Council on this application.
4. The property is located north of Ustick Road and east of Ten Mile
Road, Meridian, Idaho.
5. The owners of record of the subject property are E.L. Bews, Brad and
Chandos Hoaglun, and Young Lands, Ltd., represented by Harry D. Young, of Boise
and Meridian, Idaho.
6. Applicant is Primeland Development Co., LLP of Boise, Idaho.
7. The subject property is currently zoned RUT and R-4. The applicant
has requested zoning of R-4 and C-G. The zoning districts of R-4 and C-G are
defined within the City of Meridian Zoning and Development Ordinance, Section
11-7-2.
8. The proposed application requests a conditional use permit for 692
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 3
single family lots, 59 townhomes, 17 office lots and 10 commercial lots. The R-4 and
C-G zoning designations within the City of Meridian Zoning and Development
Ordinance require a conditional use permit be obtained for most uses including those
requested by the Applicant. (Meridian City Zoning and Developlnent Ordinance,
Section 11-8-1).
9. The Meridian City Council recognizes that the proposed application is
in compliance with the Meridian Comprehensive Plan.
I0. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Ordinance.
11. The Meridian City Council takes judicial notice of its Zoning,
Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian
City Code and all current zoning maps thereof and the Comprehensive Plan of the
City of Meridian, and Maps and the Ordinance establishing the Impact Area
Boundary.
12. Giving due consideration to the comment received from the
governmental subdivisions providing services in the City of Meridian planning
jurisdiction public facilities and services required by the proposed development will
not impose expense upon the public if the following conditions of development are
imposed and the following is also found to be required to mitigate the effects of the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 4
proposed use and development upon services delivered by political subdivisions
providing services to the subject real property within the planning jurisdiction of the
City of Meridian subject to the following:
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
Variances/exceptions to the straight R-4 zoning standards that shall be
required if this PUD is approved shall include the following:
Minimum frontage
Minimum lot size
Maximum block length
Maximum cul-de-sac length
Minimum building setbacks:
- Interior side
R-4 Standard
80 feet
8,000 s.f.
1,000 feet
450 feet
Proposed
48 feet (townhome)
69 feet (S.F.R.)
5,500 s.f. (townhome)
1,500+ feet
Various (see #3)
5 ft. per story 0 lot line (townhome)
- Front (non-front entry garage)15 feet 20 feet Front entry garage
Tiling of White Drain
(no Variance submitted) N/A Leave Open
These reductions are within the scope of allowable changes under the
PUD ordinance and reasonable. The majority of the S.F.R. lots in the
PUD exceed the minimum R-4 lot standards. While not specified in the
application, the White Drain shall be tiled according to Ordinance 12-4-
13. The Applicant is proposing to leave the drain open and utilize as an
amenity, which the Planning and Zoning Commission and City Council
support.
The Applicant stated in a 3-14-01 letter from Beck-y Bowcutt that one
(1) cul-de-sac in the CUP Site Plan scope exceeds the maximum 450-
foot length. It is approximately 480 feet in length. The Applicant shall
adjust the Site Plan to bring this block length into compliance.
As submitted, the City Council cannot approve this CUP/PUD
application until the pending Zoning Ordinance Amendment, or
another ordinance allowing non-conforming uses within a planned
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 5
development, is approved.
Commercial Lots: No building elevations were submitted for the
proposed commercial buildings on Lots 28, 31, 32, 34 and 36, Block 23.
As stated in the Annexation Requirements above, all of these lots shall
be processed only under CUP applications.
Applicant shall note that, as depicted on the CUP Site Plan,
Commercial Lots 36 and 28 do not reflect the minimum number of
required parMng stalls to operate at 100% retail occupancy. Also, several
of the office and commercial lots are below the required number of ADA
stalls, have parldng 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.
Office Lots: Sample photos/elevations of the office buildings were
submitted with the application. The Applicant has stated on the face of
the PUD Site Plan that a detailed CUP application shall be required for
the development of each lot. However, since parking, trash enclosures,
landscaping and elevations were all submitted for the office lots, the
Planning and Zoning Commission and City Council do not feel the
office lots would require CUP applications for each lot. The office lots
shall be allowed to be processed under a Certificate of Zoning
Compliance process only, subject to Ordinance 12-6-6.F, which allows
minor changes up to 10% flexibility.
Townhouse Lots: Sample photos/elevations of the townhomes were
submitted with the application. The Applicant has stated on the face of
the PUD Site Plan that a detailed CUP application shall be required for
the development of these townhome lots. However, since a Final Plat
application shall be submitted for this phase (shown as Phase #7) and
detailed landscaping and fencing plans shall be required at that time,
The Planning and Zoning Commission and City Council do not feel
these lots would require a CUP application. Any tri-plex units would,
however, require a CUP application.
Pathways: The Comprehensive Plan, policy 4.1, pg. 56, of the
Transportation Chapter, designates Five Mile Creek as a multiple use
pathway. Any pathway along Five Mile Creek shall require Bureau of
Reclamation (BOR) and NMID approval. Since BOR owns the Five
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 6
10.
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 ali
public pathway improvements with the Meridian Parks & Recreation
Department. The Applicant shall also address if the developer intends to
dedicate any pathways within Bridgetower Crossing to the City of
Meridian in the future and/or which shall be owned and maintained by
the Homeowner's Association. Since the pathway adjacent to the White
Drain stubs to both Ten Mile Road and the eastern boundary of the
subdivision, This segment of the pathway shall be considered a public
pathway and part of the City's master pathway plan. The Applicant
shall also address this issue with the Parlcs & Recreation Department.
The traffic study prepared by Washington Group states the three (3)
Residential Collectors proposed are adequate and no new Collector up
to McMillan Road is necessary. However, agreement that some public
street connection to McMillan Road is not necessary at all has not been
decided. During the Pre-Application meeting on this project, staff
recommended that the local road shown in Phase 14, Block 20, be
extended to connect with McMillan. At build-out, this subdivision shall
have a full mile of frontage along McMillan Road (except for the 310
feet of frontage the enclave parcels have that are not a part of
Bridgetower Crossing). If constructed as proposed in the CUP/PUD
concept plan, there shall be no vehicular access into or out of the
subdivision from McMillan Road except for N. Desertbreeze Avenue,
the cul-de-sac that serves the 59 townhouse lots. Future development on
the north side of McMillan Road, both commercial and residential, shall
certainly provide a destination point for some Bridgetower Crossing
residents. As designed, all trips with a destination to the north side of
McMillan will be forced to use either Ten Mile or Linder Roads, adding
unnecessary traffic to these 4-way intersections. Ail parent, school
activity or other trips to the elementary school site from the west and
north shall be forced to access the school (as proposed in the CUP/PUD
concept plan) through the subdivision.
A standard local street (50 feet right-of-way) connection to McMillan
Road shall be added adjacent to or near the western boundary of the
school site. It would not be designed to a Collector standard and could
incorporate bends or other traffic calming devices to minimize any
potential cut-through traffic. The Planning and Zoning Commission and
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 7
City Council cannot support the CUP/PUD concept without some
vehicular connection made to McMillan Road. At a minimum, a
ped/bike connection to McMillan shall be added. This issue pertains
only to the CUP/PUD application since it is outside the boundaries of
the proposed Preliminary Plat. Therefore, only the CUP/PUD Site Plan
shall be amended - not the Preliminary Plat.]
11.
No subdivision sign details or renderings were submitted. Detailed
signage plans shall be subject to design review and separate permits.
12.
Note that special attention shall be paid on the Landscape Plan to
ensure the 40' x 40' clear vision triangles are preserved at the
intersections of all roadways. The preliminary plan currently shows
some trees within these areas.
13.
Ordinance 12-6-7.D requires that all planned developments provide
underground utilities throughout the entire project site.
14.
Applicant shall provide elevations of the proposed clubhouse for review
and approval.
15.
The Applicant shall contact the Meridian Historical Society regarding
placement of historic signage of the cemetery and graves on Lot 48,
Block 26 and/or other historic educational information.
16. Conditions outlined in AZ-01-003 and PP-01-005 shall also apply.
17.
The Applicant shall be responsible to pay any extraordinary impact fees
ACHD shall apply to this areas in order to accommodate new roadway
improvements.
Adopt the Recommendations of the Central District Health Department as
follows:
18.
The Applicant's central sewage and central water plans shall be
submitted to and approved by the Idaho Department of Health &
Welfare, Division of Environmental Quality.
19. Run-off is not to create a mosquito breeding problem.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 8
20.
Stomawater shall be pretreated through a grassy swale prior to discharge
to the subsurface to prevent impact to groundwater and surface water
quality. The engineers and architects involved with the design of this
proiect shall Obtain current best management practices for storm water
disposal and design a storm water managmenet system that is
preventing groundwater and surface water degradation. Manuals that
could be used for guidance are:
20.1
State of Idaho Catalog of Stormwater Best Management Practices
For Idaho Cities and Counties.
Prepared by the Idaho Division of Environmental Quality,
July 1997.
20.2
Storm~vater Best Management Practices Guidebook.
Prepared by City of Boise Public Works Department,
January 1997.
Adopt the Recommendations of the Meridian Fire Department as follows:
21. Office and commercial lots shall meet all codes for sprinlder systems and
hydrants for their location.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as
follows:
22.
The District's Creason Lateral and Five Mile Drain courses through a
portion of the proposed project. The easements of theses facilities shall
be protected and any encroachment without written approval are
unaccepatable.
Additionally, the Applicant shall comply with the requirements from the City
Council's action taken at their Tuesday, July 3, 2001 meeting as follows:
23.
At such time as Owner/Developer proposes a development for that
portion annexed herein, which is not yet subject to a specific application
for development, Owner/Developer shall make reasonable
accommodation of the concerns expressed by Mr. Brian English
regarding placement of access onto the property from Linder Road in
such a way as to minimize headlight glare from vehicles leaving the
property and shining onto the English residence at 4650 North Linder
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 9
Road, Meridian, Idaho.
NOTE: This annexation and the accompanying zoning designation allow
development of the annexed parcel under the Planned Development
Ordinance. Concurrently, with the application for annexation and zoning, the
applicant also submitted an application for approval of preliminary plat and an
application for a conditional use permit. The accompanying preliminary plat
and conditional use permit applications covered only a portion of the property
being annexed herein. By reviewing the proposed preliminary plat and
conditional use applications, the Council finds that the remainder of the
annexed property will be appropriate for an additional number of residential
lots, and for uses other than residential in accordance with the Planned
Development Ordinance, as well as a school site. This project is approved in
concept only. The concept includes: maximum number of residential lots not
to exceed 692, mixed uses, school site, setbacks, collector roadways, amenities
and open space. The applicant recognizes that the approval is in concept only
and that detailed approval shall be required by submittal of all appropriate
applications, including, but not limited to, preliminary plat or plats and
conditional use permit or permits. The detailed approval shall be subject to all
applicable Ordinances unless otherwise approved under the original Planned
Unit Development application.
13. The proposed uses within the subject application will not be
harmonious with and in accordance with the Meridian Comprehensive Plan and the
City of Meridian Zoning and Development Ordinance, however, the Plan is currently
under review and this area is being considered for some commercial designation,
which then would be harmonious because:
13.1 The subject property is designated on the "Generalized Land Use Map"
as "Single-Family Residential and Commerical/Mixed Use".
14. The uses proposed within the subject application subject to the
conditions herein ordered will be designed, constructed, operated and maintained to
be harmonious and appropriate in appearance or intended character of the general
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 10
vicinity and that such uses will not change the intended essential character of the
same area.
15.
The uses proposed within the subject application will not be hazardous
or disturbing to existing or future neighboring uses.
16. The uses proposed within the subject application will be served
adequately by central public facilities and services such as highways, streets, police
and fire protection, drainage structures, refuse disposal, water, and sewer.
17. The uses proposed within the subject application will not involve uses,
activities, processes, materials, equipment and conditions of operation that will be
detrimental to any persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors.
18. The development will not result in the destruction, loss or damage of
natural or scenic feature of major importance relating to the property.
CONCLUSIONS OF LAW
1. The City of Meridian shall exercise the powers conferred upon it by the
"Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the
"Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council may exercise all the powers required and
authorized under the "Act" except the power to adopt ordinances by the
establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - ! 1
Code Section 67-6504 which the City Council of the City of Meridian has
established by the passage of the "City of Meridian Zoning and Development
Ordinance" at Titles XI and XII, Chapter I, Meridian City Code.
3. As part of a zoning ordinance the City Council can, subject to hearing
and notice provision required, provide for the process of special and/or conditional
use permits which a proposed use is otherwise prohibited by the terms of the
ordinance but allowed with conditions under the specific provisions of the ordinance
which the City of Meridian has done in the adoption of its zoning ordinances.
4. The City Council has the duty and responsibility to review the facts
and circumstances of each application for special use permit to determine prior to
granting the same that the evidential showing supports the finding that the following
standards are met and that the proposed development: (Meridian City Code § 11-17-
3)
a. Will, in fact, constitute a conditional use as determined by City policy;
b. Will be harmonious with and in accordance with the Comprehensive
Plan and this Ordinance;
c. Will be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance with the existing or intended character of
the general vicinity and that such use will not change the essential character of the
same area;
Will not be hazardous or disturbing to existing or future neighboring
uses;
e. Will be served adequately by essential public facilities and services such
as highways, streets, police and fire protection, drainage structures, refuse disposal,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 12
water, sewer or that the person responsible for the establishment of proposed
conditional use shall be able to provide adequately any such services;
f. Will not create excessive additional requirements at public cost for
public facilities and services and will not be detrimental to the economic welfare of
the community;
g. Will not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the
general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare
or odors;
h. Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance.
5. Prior to granting a conditional use permit in the Low Density
Residential District (R-4) and General Retail and Service Commercial District (C-G),
a public hearing shall be conducted with notice to be published and provided to
property owners or purchasers of record within three hundred feet (300') of the
external boundaries of the land under consideration for the conditional use permit all
in accordance with the provisions of Meridian City Code {} 11-17-5 City of Meridian
Zoning and Development Ordinance, which provides as follows:
"Prior to approving a Conditional Use Permit, the applicant and the
Commission and Council shall follow notice and hearing procedures provided
in Chapter 15 of this Title. Provided, however, that conditional use
applications for land in Old Town and in industrial and commercial districts
shall only be required to have one public hearing which shall be held before
the Planning and Zoning Commission; and after the recommendation of the
Commission is made, the application shall go before the City Council without
a public hearing and the Council may approve, deny, or modify the
recommendation of the Commission."
6. Following the public hearing and within 45 days after the conclusion of
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 13
the public hearing the Commission shall, transmit its recommendations to the
Meridian City Council with supportive reasons. The Commission shall recommend
that the application be approved, approved with conditions or denied. The
Commission shall ensure that any approval or approval with conditions of an
application shall be in accordance with Meridian Comprehensive Plan, City of
Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City
Code § 11-17-6)
7. When the City Council approves a conditional use permit it may
impose conditions of that approval that reasonably:
A. Minimize adverse impact on other development;
B. Control the sequence and timing of development;
C. Control the duration of development;
D. Assure that the development is maintained property;
E. Designate the exact location and nature of the development;
F. Require the provision for on-site public facilities or services; and
G. Require more restrictive standards than those generally required, in this
Ordinance.
8. The City of Meridian has, by ordinance, established the hnpact Area
and the Comprehensive Plan of the City of Meridian, which was adopted December
21, 1993, Ord. 629, January 4, 1994 and Maps.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 14
DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does
hereby ORDER and this does Order that:
1. That the above named applicant is granted a conditional use permit for
692 single family lots, 59 townhomes, 17 office lots and 10 commercial lots in an R-4
and C-G zones located north of Ustick Road and east of Ten Mile Road, Meridian,
Idaho, subject to the following conditions of use and development, subject to the
following:
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
1. Variances/exceptions to the straight R-4 zoning standards that shall be
required if this PUD is approved shall include the following:
Minimum frontage
R-4 Standard
80 feet
Minimum lot size
Maximum blodc length
Maximum cul-de-sac length
Minimum building setbacks:
- Interior side
8,000 s.f.
1,000 feet
450 feet
5 ft. per story
- Front (non-front entry garage)15 feet
Tiling of White Drain
(no Variance submitted) N/A
Proposed
48 feet (townhome)
69 feet (S.F.R.)
5,500 s.f. (townhome)
1,500+ feet
Various (see #3)
0 lot line (townhome)
20 feet Front entry garage
Leave Open
These reductions are within the scope of allowable changes under the
PUD ordinance and reasonable. The majority of the S.F.R. lots in the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 15
PUD exceed the minimum R-4 lot standards. While not specified in the
application, the White Drain shall be riled according to Ordinance 12-4-
13. The Applicant is proposing to leave the drain open and utilize as an
amenity, which the Planning and Zoning Commission and City Council
support.
The Applicant stated in a 3-14-01 letter from Becky Bowcutt that one (1)
cul-de-sac in the CUP Site Plan scope exceeds the maximum 450-foot
length. It is approximately 480 feet in length. The Applicant shall adjust
the Site Plan to bring this block length into compliance.
As submitted, the City Council cannot approve this CUP/PUD application
until the pending Zoning Ordinance Amendment, or another ordinance
allowing non-conforming uses within a planned development, is approved.
Commercial Lots: No building elevations were submitted for the proposed
commercial buildings on Lots 28, 31, 32, 34 and 36, Block 23. As stated in
the Annexation Requirements above, all of these lots shall be processed
only under CUP applications.
Applicant shall note that, as depicted on the CUP Site Plan, Commercial
Lots 36 and 28 do not reflect the minimum number of required parldng
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.
Office Lots: Sample photos/elevations of the office buildings were
submitted with the application. The Applicant has stated on the face of the
PUD Site Plan that a detailed CUP application shall be required for the
development of each lot. However, since parldng, trash enclosures,
landscaping and elevations were all submitted for the office lots, the
Planning and Zoning Commission and City Council do not feel the office
lots would require CUP applications for each lot. The office lots shall be
allowed to be processed under a Certificate of Zoning Compliance process
only, subject to Ordinance 12-6-6.F, which allows minor changes up to
10% flexibility.
Townhouse Lots: Sample photos/elevations of the townhomes were
submitted with the application. The Applicant has stated on the face of the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 16
PUD Site Plan that a detailed CUP application shall be required for the
development of these townhome lots. However, since a Final Plat
application shall be submitted for this phase (shown as Phase #7) and
detailed landscaping and fencing plans shall be required at that timel The
Planning and Zoning Commission and City Council do not feel these lots
would require a CUP application. Any tri-plex units would, however,
require a CUP application.
Pathways: The Comprehensive Plan, policy 4.1, pg. 56, of the
Transportation Chapter, designates Five Mile Creek as a multiple use
pathway. Any pathway along Five Mile Creek shall require Bureau of
Reclamation (BOR) and NMID approval. Since BOR owns the Five Mile
right-of-way in fee simple and the future pathway location shall be off-site
from this subdivision (i.e., there is no easement involved), the Applicant
shall address this pathway issue. Applicant is to coordinate all public
pathway improvements with the Meridian Parks & Recreation Department.
The Applicant shall also address if the developer intends to dedicate any
pathways within Bridgetower Crossing to the City of Meridian in the future
and/or which shall be owned and maintained by the Homeowner's
Association. Since the pathway adjacent to the White Drain stubs to both
Ten Mile Road and the eastern boundary of the subdivision, This segment
of the pathway shall be considered a public pathway and part of the City's
master pathway plan. The Applicant shall also address this issue with the
Parks & Recreation Department.
The traffic study prepared by Washington Group states the three (3)
Residential Collectors proposed are adequate and no new Collector up to
McMillan Road is necessary. However, agreement that some public street
connection to McMillan Road is not necessary at all has not been decided.
During the Pre-Application meeting on this project, staff recommended
that the local road shown in Phase 14, Blod, 20, be extended to connect
with McMillan. At build-out, this subdivision shall have a full mile of
frontage along McMillan Road (except for the 310 feet of frontage the
enclave parcels have that are not a part of Bridgetower Crossing). If
constructed as proposed in the CUP/PUD concept plan, there shall be no
vehicular access into or out of the subdivision from McMillan Road except
for N. Desertbreeze Avenue, the cul-de-sac that serves the 59 townhouse
lots. Future development on the north side of McMillan Road, both
commercial and residential, shall certainly provide a destination point for
some Bridgetower Crossing residents. As designed, all trips ~vith a
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 17
destination to the north side of McMillan will be forced to use either Ten
Mile or Linder Roads, adding unnecessary traffic to these 4-way
intersections. All parent, school activity or other trips to the elementary
school site from the west and north shall be forced to access the school (as
proposed in the CUP/PUD concept plan) through the subdivision.
10.A standard local street (50 feet right-of-way) connection to McMillan Road
shall be added adjacent to or near the western boundary of the school site.
It would not be designed to a Collector standard and could incorporate
bends or other traffic calming devices to minimize any potential cut-
through traffic. The Planning and Zoning Commission and City Council
cannot support the CUP/PUD concept without some vehicular connection
made to McMillan Road. At a minimum, a ped/bike connection to
McMillan shall be added. This issue pertains only to the CUP/PUD
application since it is outside the boundaries of the proposed Preliminary
Plat. Therefore, only the CUP/PUD Site Plan shall be amended - not the
Preliminary Plat.]
1 1 .No subdivision sign details or renderings were submitted. Detailed signage
plans shall be subject to design review and separate permits.
12.Note that special attention shall be paid on the Landscape Plan to ensure
the 40' x 40' clear vision triangles are preserved at the intersections of all
roadways. The preliminary plan currently shows some trees within these
areas.
13.Ordinance 12-6-7.D requires that all planned developments provide
underground utilities throughout the entire project site.
14.Applicant shall provide elevations of the proposed clubhouse for review and
approval.
15.The Applicant shall contact the Meridian Historical Society regarding
placement of historic signage of the cemetery and graves on Lot 48, Block
26 and/or other historic educational information.
16.Conditions outlined in AZ-01-003 and PP-01-005 shall also apply.
17.The Applicant shall be responsible to pay any extraordinary impact fees
ACHD shall apply to this areas in order to accommodate new roadway
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 18
improvements.
Adopt the Recommendations of the Central District Health Department as
follows:
18.The Applicant's central sewage and central water plans shall be submitted
to and approved by the Idaho Department of Health & Welfare, Division
of Environmental Quality.
19.Run-off is not to create a mosquito breeding problem.
20.Stormwater shall be pretreated through a grassy swale prior to discharge to
the subsurface to prevent impact to groundwater and surface water quality.
The engineers and architects involved with the design of this project shall
obtain current best management practices for storm water disposal and
design a storm water managrnenet system that is preventing groundwater
and surface water degradation. Manuals that could be used for guidance
are:
20.3 State of Idaho Catalog of Stormwater Best Management Practices
For Idaho Cities and Counties.
Prepared by the Idaho Division of Environmental Quality,
July 1997.
20.4
Storm~vater Best Management Practices Guidebook.
Prepared by City of Boise Public Works Department,
January 1997.
Adopt the Recommendations of the Meridian Fire Department as follows:
21 .Office and commercial lots shall meet all codes for sprinlder systems and
hydrants for their location.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as
follows:
22.The District's Creason Lateral and Five Mile Drain courses through a
portion of the proposed project. The easements of theses facilities shall be
protected and any encroachment without written approval are
unaccepatable.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - ! 9
Additionally, the Applicant Shall comply with the requirements from the City
Council's action tal<en at their Tuesday, luly 3, 2001 meeting as follows:
23.At such time as Owner/Developer proposes a development for that portion
annexed herein, which is not yet subject to a specific application for
development, Owner/Developer shall make reasonable accommodation of
the concerns expressed by Mr. Brian English regarding placement of access
onto the property from Linder Road in such a way as to minimize headlight
glare from vehicles leaving the property and shining onto the English
residence at 4650 North Linder Road, Meridian, Idaho.
NOTE: This annexation and the accompanying zoning designation allow
development of the annexed parcel under the Planned Development
Ordinance. Concurrently, with the application for annexation and zoning, the
applicant also submitted an application for approval of preliminary plat and an
application for a conditional use permit. The accompanying preliminary plat
and conditional use permit applications covered only a portion of the property
being annexed herein. By reviewing the proposed preliminary plat and
conditional use applications, the Council finds that the remainder of the
annexed property will be appropriate for an additional number of residential
lots, and for uses other than residential in accordance with the Planned
Development Ordinance, as well as a school site. This project is approved in
concept only. The concept includes: maximum number of residential lots not
to exceed 692, mixed uses, school site, setbadcs, 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 ali
applicable Ordinances unless otherwise approved under the original Planned
Unit Development application.
2. The conditions shall be reviewable by the Council pursuant to Meridian
City Code § 11-17-9.
3. The above conditions are concluded to be reasonable and the applicant
shall meet such requirements as a condition of approval of the application for a
conditional use pernfit.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 20
4. That the City Attorney draft an Order Granting Conditional Use Permit
in accordance with this Decision, which shall be signed by the Mayor and City Clerk
and then a copy served by the Clerk upon the applicant, the Plmming and Zoning
Department, the Public Works Department and any affected party requesting notice.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City
of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person
who has an interest in real property which may be adversely affected by the issuance
or denial of the conditional use permit approval may within twenty-eight (28) days
after the date of this decision and order seek a judicial review as provided by Chapter
52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the
day of ~Olt~ ,2001.
ROLL CALL:
COUNCILMAN RON ANDERSON
COUNCILMAN IGEITH BIRD
COUNCILWOMAN TAMMY deWEERD
COUNCILWOMAN CHERIE McCANDLESS
VOTED
VOTED__~
VOTED
VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 21
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: /0 -~--6)/
VOTED
MOTION:
APPROVED 7.
DISAPPROVED:
Copy served upon Applicant, Planning and Zoning Department, Public Works
Department and the City Attorney.
Z:\Wo r kkNlkM eridian~Vleridian
CUP01 ~006~FfClsCUP01-006TWO.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 22
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 07/03/01
Revised 09-26-01
Revised 10-04-01
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR
BRIDGETOWER CROSSING
SUBDIVISION IN PROPOSED
R-4 AND C-G ZONES,
LOCATED NORTH OF USTICK
ROAD AND EAST OF TEN
MILE ROAD, MERIDIAN,
IDAHO
PRIMELAND DEVELOPMENT
CO., LLP,
APPLICANT
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Case No. CUP-01-006
ORDER GRANTING
CONDITIONAL USE PERMIT
1. This matter coming before the City Council on the 7TM day of August,
2001, under the provisions of Meridian City Code § 11-17-4 for final action on
conditional use permit application and the Council having received and approving the
Recommendation of the Planning and Zoning Commission the Council takes the
following action:
2. That the above named applicant is granted a conditional use permit for
ORDER CONDITIONAL USE PERMIT
(CUP-Oi-O06)
-1
692 single family lots, 59 townhomes, 17 office lots and 10 commercial lots in an R-4
and C-G zones located north of Ustick Road and east of Ten Mile Road, Meridian,
Idaho, subject to the following conditions of use and development:
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
1. Variances/exceptions to the straight R-4 zoning standards that shall be
required if this PUD is approved shall include the following:
Minimum frontage
R-4 Standard
80 feet
Minimum lot size
Maximum block length
Maximum cul-de-sac length
Minimum building setbacks:
- Interior side
8,000 s.f.
1,000 feet
450 feet
5 ft. per story
- Front (non-front entry garage)15 feet
Tiling of White Drain
(no Variance submitted) N/A
Proposed
48 feet (townhome)
69 feet (S.F.R.)
5,500 s.f. (townhome)
1,500+ feet
Various (see 4*3)
0 lot line (townhome)
20 feet Front entry garage
Leave Open
These reductions are within the scope of allowable changes under the
PUD ordinance and reasonable. The maiority of the S.F.R. lots in the
PUD exceed the minimum R-4 lot standards. While not specified in the
application, the White Drain shall be tiled according to Ordinance 12-4-
13. The Applicant is proposing to leave the drain open and utilize as an
amenity, which the Planning and Zoning Commission and City Council
support.
2. The Applicant stated in a 3-14-01 letter from Becky Bowcutt that one (1)
cul-de-sac in the CUP Site Plan scope exceeds the maximum 450-foot
length. It is approximately 480 feet in length. The Applicant shall adjust
the Site Plan to bring this block length into compliance.
3. As submitted, the City Council cannot approve this CUP/PUD application
until the pending Zoning Ordinance Amendment, or another ordinance
allowing non-conforming uses within a planned development, is approved.
ORDER CONDITIONAL USE PERMIT
(CUP-Oi-O06)
-2
Commercial Lots: No building elevations were submitted for the proposed
commercial buildings on Lots 28, 31, 32, 34 and 36, Block 23. As stated in
the Annexation Requirements above, all of these lots shall be processed
only under CUP applications.
Applicant shall note that, as depicted on the CUP Site Plan, Commercial
Lots 36 and 28 do not reflect the minimum number of required parking
stalls to operate at 100% retail occupancy. Also, several of the office and
commercial lots are below the required number of ADA stalls, have parking
rows split between different lots and have drive aisles below the minimum
25-foot width. These issues can be resolved at the time of CUP or
Certificate of Zoning Compliance.
Office Lots: Sample photos/elevations of the office buildings were
submitted with the application. The Applicant has stated on the face of the
PUD Site Plan that a detailed CUP application shall be required for the
development of each lot. However, since parking, trash enclosures,
landscaping and elevations were all submitted for the office lots, the
Planning and Zoning Commission and City Council do not feel the office
lots would require CUP applications for each lot. The office lots shall be
allowed to be processed under a Certificate of Zoning Compliance process
only, subject to Ordinance 12-6-6.F, which allows minor changes up to
10% flexibility.
Tow~house Lots: Sample photos/elevations of the townhomes were
submitted with the application. The Applicant has stated on the face of the
PUD Site Plan that a detailed CUP application shall be required for the
development of these townhome lots. However, since a Final Plat
application shall be submitted for this phase (shown as Phase #7) and
detailed landscaping and fencing plans shall be required at that time, The
Planning and Zoning Commission and City Council do not feel these lots
would require a CUP application. Any tri-plex units would, however,
require a CUP application.
Pathways: The Comprehensive Plan, policy 4.1, pg. 56, of the
Transportation Chapter, designates Five Mile Creek as a multiple use
pathway. Any pathway along Five Mile Creek shall require Bureau of
Reclamation (BOR) and NMID approval. Since BOR owns the Five Mile
right-of-way in fee simple and the future pathway location shall be off-site
from this subdivision (i.e., there is no easement involved), the Applicant
shall address this pathway issue. Applicant is to coordinate all public
ORDER CONDITIONAL USE PERMIT
(CUP-01-006)
-3
pathway improvements with the Meridian Parks & 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 adiacent to the White Drain stubs to both
Ten Mile Road and the eastern boundary of the subdivision, This segment
of the pathway shall be considered a public pathway and part of the City's
master pathway plan. The Applicant shall also address this issue with the
Parks & Recreation Department.
4
The traffic study prepared by Washington Group states the three (3)
Residential Collectors proposed are adequate and no new Collector up to
McMillan Road is necessary. However, agreement that some public street
connection to McMillan Road is not necessary at all has not been decided.
During the Pre-Application meeting on this project, staff recommended
that the local road shown in Phase 14, Blod, 20, be extended to connect
with McMillan. At build-out, this subdivision shall have a full mile of
frontage along McMillan Road (except for the 3 I0 feet of frontage the
enclave parcels have that are not a part of Bridgetower Crossing). If
constructed as proposed in the CUP/PUD concept plan, there shall be no
vehicular access into or out of the subdivision from McMillan Road except
for N. Desertbreeze Avenue, the cul-de-sac that serves the 59 townhouse
lots. Future development on the north side of McMillan Road, both
commercial and residential, shall certainly provide a destination point for
some Bridgetower Crossing residents. As designed, all trips with a
destination to the north side of McMillan will be forced to use either Ten
Mile or Linder Roads, adding unnecessary traffic to these 4-way
intersections. All parent, school activity or other trips to the elementary
school site from the west and north shall be forced to access the school (as
proposed in the CUP/PUD concept plan) through the subdivision.
10.A standard local street (50 feet right-of-way) connection to McMillan Road
shall be added adjacent to or near the western boundary of the school site.
It would not be designed to a Collector standard and could incorporate
bends or other traffic cahrdng devices to minimize any potential cut-
through traffic. The Planning and Zoning Commission and City Council
cannot support the CUP/PUD concept without some vehicular connection
made to McMillan Road. At a minimum, a ped/bike connection to
McMillan shall be added. This issue pertains only to the CUP/PUD
application since it is outside the boundaries of the proposed Preliminary
Plat. Therefore, only the CUP/PUD Site Plan shall be amended - not the
ORDER CONDITIONAL USE PERMIT
(CUP-01-006)
-4
Preliminary Plat.]
11.No subdivision sign details or renderings were submitted. Detailed signage
plans shall be subject to design review and separate permits.
12.Note that special attention shall be paid on the Landscape Plan to ensure
the 40' x 40' dear vision triangles are preserved at the intersections of all
roadways. The preliminary plan currently shows some trees within these
areas.
13.Ordinance 12-6-7.D requires that all planned developments provide
underground utilities throughout the entire project site.
14.Applicant shall provide elevations of the proposed clubhouse for review and
approval.
15.The Applicant shall contact the Meridian Historical Society regarding
placement of historic signage of the cemetery and graves on Lot 48, Block
26 and/or other historic educational information.
16.Conditions outlined in AZ-01-003 and PP-01-005 shall also apply.
17.The Applicant shall be responsible to pay any extraordinary impact fees
ACHD shall apply to this areas in order to accommodate new roadway
improvements.
Adopt the Recommendations of the Central District Health Department as
follows:
18.The Applicant's central sewage and central water plans shall be submitted
to and approved by the Idaho Department of Health & Welfare, Division
of Environmental Quality.
19.Run-off is not to create a mosquito breeding problem.
20.Stormwater shall be pretreated through a grassy swale prior to discharge to
the subsurface to prevent impact to groundwater and surface water quality.
The engineers and architects involved with the design of this project shall
obtain current best management practices for storm water disposal and
design a storm water managmenet system that is preventing groundwater
and surface water degradation. Manuals that could be used for guidance
ORDER CONDITIONAL USE PERMIT
(CUP-01-006)
-5
20. i State of Idaho Catalog of Stormwater Best Management Practices
For Idaho Cities and Counties.
Prepared by the Idaho Division of Environmental Quality,
July 1997.
20.2
Stormwater Best Management Practices Guidebook.
Prepared by City of Boise Public Works Department,
January 1997.
Adopt the Recommendations of the Meridian Fire Department as follows:
21.Office and commercial lots shall meet all codes for sprinlder systems and
hydrants for their location.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as
follows:
22.The District's Creason Lateral and Five Mile Drain courses through a
portion of the proposed project. The easements of theses facilities shall be
protected and any encroachment without written approval are
unaccepatable.
Additionally, the Applicant shall comply with the requirements from the City
Council's action taken at their Tuesday, July 3, 2001 meeting as follows:
23~At such time as Owner/Developer proposes a development for that portion
annexed herein, which is not yet subject to a specific application for
development, Owner/Developer shall make reasonable accommodation of
the concerns expressed by Mr. Brian English regarding placement of access
onto the property from Linder Road in such a way as to minimize headlight
glare from vehicles leaving the property and shining onto the English
residence at 4650 North Linder Road, Meridian, Idaho.
NOTE: This annexation and the accompanying zoning designation allow
development of the annexed parcel under the Planned Development
Ordinance. Concurrently, with the application for annexation and zoning, the
applicant also submitted an application for approval of preliminary plat and an
ORDER CONDITIONAL USE PERMIT
(CUP-01-O06)
-6
application for a conditional use permit. The accompanying preliminary plat
and conditional use permit applications covered only a portion of the property
being annexed herein. By reviewing the proposed preliminary plat and
conditional use applications, the Council finds that the remainder of the
annexed property will be appropriate for an additional number of residential
lots, and for uses other than residential in accordance with the Planned
Development Ordinance, as well as a school site. This project is approved in
concept only. The concept includes: maximum number of residential lots not
to exceed 692, mixed uses, school site, setbacks, collector roadways, amenities
and open space. The applicant recognizes that the approval is in concept only
and that detailed approval shall be required by submittal of all appropriate
applications, including, but not limited to, preliminary plat or plats and
conditional use permit or permits. The detailed approval shall be subject to ali
applicable Ordinances unless otherwise approved under the original Planned
Unit Development application.
The above conditions are concluded to be reasonable and the
applicant shall meet such requirements as a condition of approval of the application
for a conditional use permit.
4. Notice to Permit Holder, this conditional use permit is not
transferable without complying with the provisions of Meridian City Code § 11-17-8,
a copy of which is attached to this permit.
By action of the City Council at its regular meeting held on the
day of ~C~Z~ ~'PI~
,2001.
R~ DJ Corrie, Mayor City of Meridian
ORDER CONDITIONAL USE PERMIT
(CUP-01-006)
-7
Copy served upon Applicant, the Planning and Zoning Departmem,: Public Works
Department and City Attorney.
City Clerk
Z:\Wo r kLMLMeridia n~eridian 15360M~Bridgetc~ver Crossing AZO 1-003 PP01-005
ORDER CONDITIONAL USE PERMIT
(CUP-O1-006)
-8