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HomeMy WebLinkAboutBear Creek No. 7 PP 03-009June 2, 2003 PP 03-009 MERIDIAN PLANNING & ZONING MEETING June 5, 2003 APPLICANT Bear Creek, LLC ITEM NO. Jr REQUEST Public Hearing — Request for Preliminary Plat approval of 12 building lots and 6 other lots on 10.92 acres in an R-4 zone for Bear Creek No. 7 — north of West Victory Road and east of South Stoddard 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: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: r TUCo. COMMENTS r att aC4� eQ SitaCamrnen See attached Comments See attached Comments See attached Comments See attached Comments waommi-Alkl ho (d vAL fio 12V Materials presented at public meetings shall become property of the City of Meridian. STAFF REPORT: Hearing Date: June 5, 2003 To: Mayor, City Council and Planning & Zoning Commission RECEIVED From: David McKinnon, Planner ItJUN 0 2 2003 Bruce Freckleton, Senior Engineering Tech City Of Meridian Re: Bear Creek No. 7 Subdivision City Clerk Office Preliminary Plat Approval of Twelve (12) Building Lots and Six (6) Other Lots on 10.92 Acres in a R-4 Zone, by Bear Creek, LLC (Fite No. PP -03- 009). We have reviewed the above referenced submittals and offer the following comments, as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATIONS SUMMARY The applicant, Bear Creek LLC, has requested approval of a preliminary plat consisting of twelve (12) building lots and six (6) "other" lots on 10.92 acres of land at the northeast comer of the intersection of Stoddard and Victory Road. The proposed subdivision includes a gated private access road off of Stoddard Road with no access to Victory Road. The subdivision is bounded on the north by the Ridenbaugh Canal and does not provide vehicular or pedestrian connections to the other phases of Bear Creek Subdivision. The subject property was included as part of the original Bear Creek Subdivision's Preliminary Plat. At that time the applicant proposed smaller lots, resulting in higher density on the subject parcel of land. The original approved Preliminary Plat did not take access off of a gated private roadway. The proposed lots range in size from 14,591 square feet up to over 24,000 square feet. The gross density of the proposed subdivision is 1.09 dwelling units per/acre. The applicant is proposing to encroach ten (10) feet into the Nampa Meridian Irrigation District's easement on the Ridenbaugh Canal to provide additional square footage for several of the lots in the proposed subdivision. LOCATION The property is located on the northeast corner of Stoddard and Victory Road. Bm Carl No. TPP PP -03009 HUB OF TREASURE VALLEY MAYOR A Good Place to Live LEGAL DEPARTMENT (208) 466-9272 • Fax 4664405 Robert D. Come CITY OF MERIDIAN PUBLIC WORKS CITY COUNCIL MEMBERS 33 EAST IDAHO BUILDING DEPARTMENT Tammy de Weerd (208) 898-5500 • Fax 887.1297 MERIDIAN, IDAHO 83642 Keith Bird (208) 888-4433 • FAX (208) 887-0813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT William L.M. Nary (208) 884-5533 FAX 888-6854 STAFF REPORT: Hearing Date: June 5, 2003 To: Mayor, City Council and Planning & Zoning Commission RECEIVED From: David McKinnon, Planner ItJUN 0 2 2003 Bruce Freckleton, Senior Engineering Tech City Of Meridian Re: Bear Creek No. 7 Subdivision City Clerk Office Preliminary Plat Approval of Twelve (12) Building Lots and Six (6) Other Lots on 10.92 Acres in a R-4 Zone, by Bear Creek, LLC (Fite No. PP -03- 009). We have reviewed the above referenced submittals and offer the following comments, as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATIONS SUMMARY The applicant, Bear Creek LLC, has requested approval of a preliminary plat consisting of twelve (12) building lots and six (6) "other" lots on 10.92 acres of land at the northeast comer of the intersection of Stoddard and Victory Road. The proposed subdivision includes a gated private access road off of Stoddard Road with no access to Victory Road. The subdivision is bounded on the north by the Ridenbaugh Canal and does not provide vehicular or pedestrian connections to the other phases of Bear Creek Subdivision. The subject property was included as part of the original Bear Creek Subdivision's Preliminary Plat. At that time the applicant proposed smaller lots, resulting in higher density on the subject parcel of land. The original approved Preliminary Plat did not take access off of a gated private roadway. The proposed lots range in size from 14,591 square feet up to over 24,000 square feet. The gross density of the proposed subdivision is 1.09 dwelling units per/acre. The applicant is proposing to encroach ten (10) feet into the Nampa Meridian Irrigation District's easement on the Ridenbaugh Canal to provide additional square footage for several of the lots in the proposed subdivision. LOCATION The property is located on the northeast corner of Stoddard and Victory Road. Bm Carl No. TPP PP -03009 Planning & Zoning Commission/Mayor & City Council June 2, 2003 (Transmittal Date) Page 2 SURROUNDING PROPERTIES North: Bear Creek Subdivision, zoned R-4 West: Pebble Lane Estates Subdivision, zoned R-1 (Ada County) East: Bear Creek Subdivision, zoned R-4 South: Rural Residential Land, zoned RUT (Ada County) OWNER OF RECORD The property owner of record is Bear Creek LLC and they have provided notarized consent for submission of the Preliminary Plat application. PRELIMINARY PLAT FINDINGS AND REQUIREMENTS Sections 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: a. The conformance of the subdivision with the Comprehensive Development Plan; The proposed application is only in partial compliance with the adopted Comprehensive Plan. The proposed density and land use classification, low density residential, as noted on the Future Land Use Map, is in compliance with the Comprehensive Plan. Goal V of Chapter VII (pg 108 and 109) of the City's Comprehensive Plan addresses the need for a diversity of housing types in Meridian. The proposed gated community will provide a "higher -end" product type that is different and larger from the average lot found in the typical R4 zoned subdivision. The proposed subdivision is not in compliance with portions of the Comprehensive Plan, including the Future Land Use Map, which indicates that a multi -use pathway should be constructed along the Ridenbaugh Canal. The applicant has only proposed installing a wrought iron fence adjacent to the Ridenbaugh Canal at the easement encroachment boundary. The Parks Department has requested that a 10 foot wide hard surfaced multi- use pathway be included on the south side of the Ridenbaugh Canal, and that a micro - path be installed from within the subdivision to provide access to the multi -use pathway. This issue is addressed further in the report below. b. The availability of public services to accommodate the proposed development; Staff finds that public services are available to accommodate the proposed development. c. The continuity of the proposed development with the capital improvement program; PP 3-009 Beet Crmk No. 7.PP Planning & Zoning Commission/Mayor & City Council June 2, 2003 (Transmittal Date) Page 3 Staff finds that the subdivision will not require the expenditure of capital improvement funds. d. The public financial capability of supporting services for the proposed development; Staff finds that the development will not require major expenditures for providing supporting services. e. The other health, safety or environmental problems that may be brought to the Commission's attention. Staff finds that there should not be any other health, safety or environmental problems associated with this subdivision that may be brought to the Council or Commission's attention. ADDPITONAL CONSIDERATIONS Cul -De -Sac Length: The proposed private road cul-de-sac is over the City's maximum 450' in length (MCC 12-4-2 F). The proposed cul-de-sac is approximately 600' in length, and cannot be approved without a variance. If a variance cannot be obtained from the City, the applicant will be required to redesign the plat in accordance with the City Code. Please see condition of approval number 5 below. 2. Pathway: The Parks Department has requested a 10' hard surfaced pathway to be constructed on the south side of the Ridenbaugh Canal. They have also recommended a micropath connection to the proposed Bear Creek No. 7 Subdivision to provide access to regional pathway system. The applicant will need to work with the Parks Department and NMID concerning the construction of the pathway system. Please see condition of approval number 12 below. 3. 5% Open Space: The MCC requires all subdivisions that are greater than five acres in size to provide at least five percent (5%) of the gross area of the subdivision as open space. The proposed subdivision currently provides only 9,315 square feet or approximately 1.96%. In order to meet the required minimum open space requirement, the subdivision will need a total of 23,784 square feet. If the pathway is installed per the Parks Department requirements, the applicant will meet or exceed the minimum open space requirements. 4. Sidewalks: The proposed sidewalk on Victory Road is located within the required 25' landscape buffer, and cannot be counted as part of the landscape buffer. An additional 5' of landscaping will need to be added to the south side of Lot 44 Block 1. Furthermore, the submitted landscape plan and plat will need to be revised to include a sidewalk and will need to be added to the Ridenbaugh canal crossings to connect with the other sidewalks installed for the other phases of Bear Creek Subdivision. The sidewalk requirements are noted below in conditions of approval number 11. PP 09 B. CtftkN0. ?.PP Planning & Zoning Commission/Mayor & City Council June 2, 2003 (Transmittal Date) Page 4 5. Landscape Island: The small landscape island located at the entrance of the subdivision will need be moved to the west to allow traffic to circle around driveway and not have to back up if they cannot access the gated entrance, as noted in condition of approval number 8 below. CONDPI'IONS OF APPROVAL (PRELIMINARY PLAT) 1. Sanitary sewer service to this site shall be via main line extensions from mains installed in the Bear Creek Subdivision. 2. Domestic water service to this site shall be via main line extensions from mains installed adjacent to the property. 3. The applicant has indicated that the pressurized irrigation system within this development is to be an extension of the system that is owned and operated by the Nampa Meridian Irrigation District. Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. Applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer, 4. A revised fencing plan shall be submitted with the final plat indicating the reduction in fence height to 3'where the fencing is within 20' of S. Silvertip Place, in compliance with the MCC. 5. At least 20 days prior to the City Council hearing, a variance application shall be submitted by the applicant to exceed the maximum 450' cul-de-sac length allowed by MCC 12-4-217. If the City Council denies the variance request, the preliminary plat will need to be revised and remanded back to the Planning and Zoning Commission for additional review. 6. Revise the preliminary plat to include an additional 5' of landscaping to adjacent to the southern boundary of Lot 44. 7. A revised landscaping plan, in accordance with the Landscaping Ordinance shall be submitted with the final plat application. The plan shall include landscaping for the drainage lot, the future right-of-way in accordance with the Landscape Ordinance and shall include an additional 5' of landscaping along the southern boundary of Lot 44. PP -03-009 Bear Creek No. TPP Planning & Zoning Commission/Mayor & City Council June 2, 2003 (Transmittal Date) Page 5 8. The small landscape island located at the entrance of the subdivision shall be relocated to the west to allow traffic to circle around the island rather than forcing vehicles to back out if they cannot enter the gated entrance. 9. The private street shall be constructed to meet or exceed ACHD public street standards. 10. All grading of the site shall be performed in conformance with MCC 11-12-3H. It. Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to MCC 12-13-10-8. 12. Revise the plat to include a multi -use pathway located on the south side of the Ridenbaugh Canal in compliance with the Parks Department master pathway plan. The applicant shall work with the Parks Department and NMID concerning the construction and location of the multi -use pathway and the micro -path connection. Cross sections of the pathways and landscaping plans shall be included as part of the final plat application. 13. Add or revise the following preliminary plat notes: (1). Include Lot and Block number of the common lot island. 13. Please submit a copy of the Ada County Street Name Committee's approval letter for the subdivision name, and the lot and block numbering. Make any corrections necessary to conform. 14. Coordinate fire hydrant placement with the City of Meridian Public Works Department 15 Two -hundred -fifty and one -hundred -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. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 16 Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 100 -year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3:1. 17 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 18 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 94-8. Wells may be used for non-domestic purposes such as landscape irrigation. PP -03409 Beer Creek No. UP Planning & Zoning Commission/Mayor & City Council June 2, 2003 (Transmittal Date) Page 6 19. Due to the topographic relief across the proposed development, the applicant shall prepare a master grading and drainage plan. The plan shall set the finish floor elevations for each lot and indicate elevations for each lot comer with grading details around each building pad. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 20. Please submit updated groundwater/soils monitoring data to the Public Works Department for review. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above groundwater. RECOMMENDATION Although staff is in general agreement with the proposed layout of the subdivision, staff cannot make the finding that the proposed subdivision complies with the Comprehensive Plan because it does not include a pathway as indicated on the Future Land Use Map. Furthermore, the proposed subdivision does not meet the requirement for providing 5% open space as required by the MCC for all subdivisions greater than 5 acres in size. If the applicant is willing to provide the pathway system as shown within the Comprehensive Plan, the 5% open space requirement would satisfied as well. PP -03909 Beer Creek No. 7..PP MAYOR ROBERT D. CORREi CMEF KEN W. BOWERS COUNCIL MEMBERS DEPUTY CHIEF - Fm PREVENTION Wn,uAML.M. NARY JOSEPHSILVA KErrH Buw TAMMY DE WEERD Crtv of-. DEPUTY CHIEF-TRAIMNG CHERIE MCCANDLESs py BB.I. JOHNSON RuRALFmECoNmnssioNERs V! I�I�� 540 East Franklin Road RICHARD GREENE r [PAHO Meridian, ID 83642 TERRY LEIGHTON 'F'c (208) 888.1234 �"�"rR�,,,w STEvE ELLiorr v Bt'S3 Fax (208) 895-0390 MERIDIAN CITY/RURAL FIRE DEPARTMENT RECEIVED May 27, 2003 MAY 2 7 2003 City Of Meridian City Clerk Office TO: Mayor, City Council & Meridian Planning & Zoning Commission FROM: Joseph Silva, Deputy Chief, Fire Prevention SUBJECT: Bear Creek No. 7 PP 03-009 The following will be the requirements and/or concerns to provide minimum levels of fire protection for the proposed project: 1. That a fire -flow of 1,000 gallons per minute be available to service the entire project. Fire hydrants shall be placed an average of 500' apart. 1997 UFC Appendix III -A 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. 4. All radii shall be 28' inside and 48' outside radius. 5. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 6. According to a report completed by Fire & Emergency Services Consulting Group in February of 2000 our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010, this is up from 2069 responses in the year 2000. 22 April 2003 Will Berg, City Clerk City of Meridian — - 4East.klaho --- Meridian, ID 83642 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Re: Preliminary Plat for Bear Creek Sub No 7 Dear Will: Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Nampa & Meridian Irrigation District requires that a Land -Use -Change Application be filed with us. All storm drainage must be retained on site. Lateral and waste ways must be protected. Nampa & Meridian's Ridenbaugh Canal courses along the north boundary of this proposed project. Any encroachment without written approval and a signed agreement is unacceptable. The Developer must comply with Idaho Code #31-3805. Nampa & Meridian Irrigation District recommends irrigation be made available. Thank you. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH/jas Cc: File — Shop File — Office Attorney - Bum Water Superintendent PUIS - Vincent RECEIVED MAY 0 6 2003 City Of Meridian City Clerk Office APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 30 April 2003 Steve Arnold Briggs Engineering, Inc. 1800 Overland Road ----Boise, ID...83M5--____ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 RE: Land Use Change Application — Bear Creek Subdivision No. 7 Dear Mr. Arnold: Phones: Area Cade 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above -referenced development. If this development is under a "rush" to be finalized, I would recommend that you submit a cashier's check, money order or cash as payment of the fees in order to speed the process up. If you submit a company or personal check, it must clear the bank before processing the application. Should this development be planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, I strongly urge you to coordinate with John P. Anderson, Water Superintendent for the Irrigation District, concerning the installation of the. pressure system. Enclosed is a questionnaire that you must fill out and return in order to initiate the process of contractual agreements between the owner or developer and the Irrigation District for the ownership, operation and maintenance of the pressure urban irrigation system. If you have any questions concerning this matter, please feel free to call on me at the District's office, or John P. Anderson, at the District's shop. Sincerely, /(Q- �. Donna N. Moore, Asst. Secretary/Treasurer NAMPA & MERIDIAN IRRIGATION DISTRICT DNM/smc RECEIVED MAY 0 6 2003 City Of Meridian City Clerk Office cc: File Water Superintendent Will Berg, City Clerk, Meridian City Greg Johnson, Bear Creek LLC, 660 E. Franklin, Suite 240, Meridian, ID 83642 enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 Huber, Susan u. tastiaxe, iat vice vresioern Dave Bivens, 2nd Vice President David E. Wynkoop, Commissioner John S. Franden. Commissioner Ada County Highway District va,ueu vny u+ wi ......... Phone (208) 387-6100 FAX 12081387-6391 E-mail: April 29, 2003 RECEIVED To: Bear Creek LLC Greg Johnson MAY - 12003 660 E. Franklin Road, Suite 240 Meridian, Idaho 83642 City of Meridian City Clerk Office Subject: MPP03-009 Bear Creek Subdivision No. 7 Northeast corner of Stoddard Road and Victory Road On April 29, 2003, the Ada County Highway District acted on your application for the above referenced project. The attached report lists site-specific requirements, conditions of approval and street improvements, which are required. If you have any questions, please feel free to contact me at 208-387-6171. Sincerely, Development Analyst Right-of-way & Development Services Planning Division CC: Planning & Development project file City of Meridian Construction Services Drainage Utilities Briggs Engineering Steve Arnold 1800 Overland Road Boise, Idaho 83705 AC 7�'�► Ada County Highway District & Development Planning Keview Lzvzszon This application does not require Commission action and is approved at the staff level as of April 29, 2003. Tech Review for this item was held with the Representative by e-mail on Thursday, April 24, 2003. Please refer to the Attachment for appeal guidelines. Staff contact: Joyce Newton, 208-387-6171 phone, 208-387- 6393 fax, jnewton@achd.ada.id.us File Numbers: MPP03-009/Bear Creek Subdivision No. 7 Site address: Northeast corner of Stoddard Road and Victory Road Owner/Applicant: Bear Creek LLC Greg Johnson 660 E. Franklin Road, Suite 240 Meridian, Idaho 83642 Representative: Briggs Engineering Steve Arnold 1800 Overland Road Boise, Idaho 83705 Application Information: The Ada County Highway District (ACRD) staff has received the above referenced application requesting preliminary plat approval to plat an 18 -lot residential subdivision with a private road. The site is located on the northeast corner of Stoddard Road and Victory Road. Acreage: Current Zoning: Proposed buildable lots: Proposed common lots: Vicinity Map 10.92 R-4 (Low Density Residential) 12 -Single -Family Lots 6 -Common Lots MPF03.009 Bear Creek No. 7 Stoddard Road, Victory Road A. Findings of Fact Trip Generation: This development is estimated to generate 100 additional vehicle trips per day (20 existing) based on the Institute of Transportation Engineers Trip Generation Manual. 2. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of a building permit. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 3. Traffic Impact Study: This proposed development is estimated to generate less than 1,000 -trips per day therefore a traffic impact study was not required with this application. 4. Site Information: There are two existing single-family dwellings on the site with the remainder being undeveloped. 5. Description of Adjacent Surrounding Area: a. North: Bear Creek Subdivision No. 01 b. South: Victory Road/Un-platted parcel c. East: Single -Family Residential d. West: Bear Creek Subdivision No. 04 6. Impacted Roadways Stoddard Road: Frontage: Functional Street Classification: Traffic count: Level of Service: Speed limit: Victory Road: Frontage: Functional Street Classification: Traffic count: Level of Service: Speed limit: Approximately 694 -feet Collector South of Overland Road was 583 on 1/17/01 Better than "C" 45 -mph Approximately 891 -feet Collector West of Meridian Road was 2,097 on 5/16/02 Better than "C" 45 -mph Roadway Improvements Adjacent To and Near the Site/ Existing Right -of -Way Stoddard Road is a classified collector roadway with 2 -traffic lanes, no curb, gutter or sidewalk abutting the site. There is 50 -feet of existing right-of-way (25 -feet from centerline). However Bear Creek Subdivision No. 1 was required to dedicate 35 -feet of right-of-way (from centerline) and construct 5 -foot concrete sidewalk located 2 -feet within the new right-of-way on Stoddard Road. Victory Road is a classified collector roadway with 24raffic lanes, no curb, gutter or sidewalk abutting the site. There is 50 -feet of existing right-of-way (25 -feet from centerline). However Bear Creek Subdivision No. 1 was required to dedicate 48 -feet of right-of-way (from centerline) and construct 5 - foot concrete sidewalk located 2 -feet within the new right-of-way on Victory Road. 8. Existing Access to the Site There are two residential driveways located on Stoddard Road and one on Victory Road. The applicant is proposing to close these driveways. 9. Site History On July 7, 1999, the District reclassified Stoddard Road to a collector roadway. The designation of Stoddard Road occurred in conjunction with the review and approval of Bear Creek Subdivision, a 326 -lot residential subdivision on 150.79 -acres. 10. Capital Improvements Plan/Five Year Work Program This location is not programmed into the District's current Capital improvements Plan and/or Five Year Work Program for reconstruction or any roadway improvements. B. Findings for Consideration Right -of -Way District policy requires 70 -feet of right-of-way on collector roadways (Figure 72-F1 B). This right-of- way width allows for the construction of a 3 -lane roadway with curb, gutter, 5 -foot wide detached sidewalks and bike lanes. Stoddard Road and Victory Road are not listed as proposed projects in the District's currently adopted Five -Year Work Program or in the currently adopted 20 -year Capital Improvements Plan. As such, the applicant cannot receive reimbursement for dedicated right-of-way from available collected impact fees. The applicant shall do one of the following for each roadway: a. Dedicate by donation an additional 10 -feet of right-of-way along Stoddard Road and Victory Road, and construct a minimum 5 -foot wide concrete sidewalk along Stoddard Road and Victory Road, located a minimum of 28 -feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5 -foot wide concrete sidewalk along Stoddard Road and Victory Road, located a minimum of 28 -feet from the centerline of the right- of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5 -foot wide concrete sidewalk along Stoddard Road and Victory Road, located at the back edge of the existing right-of-way. Accomplish all necessary adiustments to properly accommodate existing drainage and utilities. As indicated on the preliminary site plan the applicant is providing a 10 -foot landscape lot with an additional 25 -foot landscape buffer and 5 -foot wide detached meandering sidewalk abutting the entire frontage along Stoddard Road (excluding the frontage of the Ridenbaugh Canal). In addition the applicant is providing a 23 -foot landscape lot with an additional 25 -foot landscape buffer including a 5 -foot wide detached meandering sidewalk abutting the entire frontage along Victory Road (excluding the frontage of the Ridenbaugh Canal). 2. Sidewalk District policy requires 5 -foot wide (minimum) concrete sidewalk on all collector roadways and arterial roadways (7204.6.5). Stoddard Road and Victory Road are not listed as proposed projects in the District's currently adopted Five -Year Work Program or in the currently adopted 20 -year Capital Improvements Plan. As such, the applicant cannot receive reimbursement for dedicated right-of-way from available collected impact fees. The applicant shall do one of the following for each roadway: a. Dedicate by donation an additional 10 -feet of right-of-way along Stoddard Road and Victory Road, and construct a minimum 5 -foot wide concrete sidewalk along Stoddard Road and Victory Road, located a minimum of 28- feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5 -foot wide concrete sidewalk along Stoddard Road and Victory Road, located a minimum of 28- feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5 -foot wide concrete sidewalk along Stoddard Road and Victory Road located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. District policy 7203.6 requires the applicant of a proposed development to make improvements to existing damaged sidewalk; curb and gutter construction or replacement; replacement of unused driveways with standard curb, gutter and sidewalk; installation of pedestrian ramps; pavement repairs; signs; traffic control devises; and other similar items in order to correct deficiencies or replace deteriorated facilities 3. Private Roads District policy 7205.6, other jurisdictions in Ada County establish the requirements for private streets. The District retains authority and will review the proposed intersection of a private and public street for compliance with District intersection policies and standards. There is a marked change in elevation for Stoddard Road north of Victory Road. There is a similar issue with the elevation change on Victory Road east of Stoddard. The developer of Bear Creek No. 1 was required to submit slope and sight distance data for the proposed roadway intersection for review and approval by District staff. The location of the proposed private road is in the same location that a public road was approved with Bear Creek Subdivision No. 1. As indicated on the preliminary site plan the applicant is proposing to construct a private road (South Silver Tip Place) intersecting with Stoddard Road approximately 500 -feet north of Victory Road between Lot 31, Block 1, and Lot 43, Block 1, of the proposed subdivision. If the City of Meridian approves the private road, the applicant shall be required to pave the private roadway a minimum of 20 to 24 -feet wide and at least 30 -feet into the site beyond the edge of pavement of Stoddard Road and install pavement tapers with 15 -foot curb radii abutting the existing roadway edge. The applicant should provide a plan showing how the private road grade meets the public road. District Policy requires a design approach speed of 20 MPH and a maximum intersection approach grade of 2% for at least 40 -feet. 4 Street name and stop signs are required for the private road. The signs may be ordered through the District. Verification of the correct, approved name of the road is required. ACHD does not make any assurances that the private road, which is a part of this application, will be accepted as a public road If such a request is made in the future. Substantial redesign and reconstruction costs may be necessary in order to qualify this road for public ownership and maintenance. The following requirements must be met if the applicant wishes to dedicate the roadway to ACHD: • Dedicate a minimum of 50 -feet of right-of-way for the road. • Construct the roadway to the minimum ACHD requirements. 4. Roadway Offset District policy 7204.11.6, requires local roadways to align or offset a minimum of 150 -feet from a collector roadway (measured centerline to centerline). 5. Gates District policy 7207.9.2 requires gated driveways and roadways with daily traffic volumes greater than 1,000 but less than 2,000 vehicles to provide a minimum 50 -foot storage distance. The storage area will be measured from the edge of pavement of the main street. The preliminary plan indicates a gate located approximately 95 -feet from the edge of pavement of Stoddard Road. C. Site Specific Conditions of Approval Stoddard Road and Victory Road are not listed as proposed projects in the District's currently adopted Five -Year Work Program or in the currently adopted 20 -year Capital Improvements Plan. As such, the applicant cannot receive reimbursement for dedicated right-of-way from available collected impact fees. The applicant shall do one of the following on each roadway: a. Dedicate by donation an additional 10 -feet of right-of-way along Stoddard Road and Victory Road, and construct a minimum 5 -foot wide concrete sidewalk along Stoddard Road and Victory Road, located a minimum of 28 -feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5 -foot wide concrete sidewalk along Stoddard Road and Victory Road, located a minimum of 28 -feet from the centerline of the right- of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construcfa minimum 5 -foot wide concrete sidewalk along Stoddard Road and Victory Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Stoddard Road and Victory Road are not listed as proposed projects in the District's currently adopted Five -Year Work Program or in the currently adopted 20 -year Capital Improvements Plan. As such, the applicant cannot receive reimbursement for dedicated right-of-way from available collected impact fees. The applicant shall do one of the following for each roadway: a. Dedicate by donation an additional 10 -feet of right-of-way along Stoddard Road and Victory Road, and construct a minimum 5 -foot wide concrete sidewalk along Stoddard Road and Victory Road, located a minimum of 28- feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5 -foot wide concrete sidewalk along Stoddard Road and Victory Road, located a minimum of 28- feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5 -foot wide concrete sidewalk along Stoddard Road and Victory Road located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities 3. If the City of Meridian approves the private road, construct South Silver Tip Place intersecting with Stoddard Road approximately 500 -feet north of Victory Road (measured from near edge of Victory Road to near edge of Silver Tip Place) as proposed. 4. Pave the private roadway a minimum of 20 to 24 -feet wide and at least 30 -feet into the site beyond the edge of pavement of Stoddard Road and install pavement tapers with 15 -foot curb radii abutting the existing roadway edge. The applicant should provide a plan showing how the private road grade meets the public road. District Policy requires a design approach speed of 20 MPH and a maximum intersection approach grade of 2% for at least 40 -feet. Street name and stop signs are required for the private road. The signs may be ordered through the District. Verification of the correct, approved name of the road is required. ACHD does not make any assurances that the private road, which is a part of this application, will be accepted as a public road if such a request is made in the future. Substantial redesign and reconstruction costs may be necessary in order to qualify this road for public ownership and maintenance. The following requirements must be met if the applicant wishes to dedicate the roadway to ACHD: • Dedicate a minimum of 50 -feet of right-of-way for the road. • Construct the roadway to the minimum ACHD requirements. 5. Install the proposed gate to provide a minimum of 50 -feet of storage distance. The storage area will be measured from the edge of pavement of Stoddard Road. 6. Other than the access points specifically approved with this application, direct lot or parcel access to Stoddard Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 7. Direct lot or parcel access to Victory Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 8. Comply with all Standard Conditions of Approval. D. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. 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. 6. 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. 7. 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. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. 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. 10. 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. 11. 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. 7 E. Conclusions of Law The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied. 2. 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. Attachments 1. Vicinity Map 2. Site Plan 3. Appeal Guidelines Request for Reconsideration Request for Appeal of Staff Decision Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of the final decision made by the ROWDS Manager when it is alleged that the ROWDS Manager did not properly apply this section 7101.6, did not consider all of the relevant facts presented, made an error of fact or law, abused discretion or acted arbitrarily and capriciously in the interpretation or enforcement of the ACHD Policy Manual. a. Filing Fee: The Commission may, from time to time, set reasonable fees to be charged the applicant for the processing of appeals, to cover administrative costs. b. Initiation: An appeal is initiated by the filing of a written notice of appeal with the Secretary of Highway Systems, which must be filed within ten (10) working days from the date of the decision that is the subject of the appeal. The notice of appeal shall refer to the decision being appealed, identify the appellant by name, address and telephone number and state the grounds for the appeal. The grounds shall include a written summary of the provisions of the policy relevant to the appeal and/or the facts and law relied upon and shall include a written argument in support of the appeal. The Commission shall not consider a notice of appeal that does not comply with the provisions of this subsection. c. Time to Reply: The ROWDS Manager shall have ten (10) working days from the date of the filing of the notice of appeal to reply to the notice of the appeal, and may during such time meet with the appellant to discuss the matter, and may also consider and/or modify the decision that is being appealed. A copy of the reply, and any modifications to the decision being appealed will be provided to the appellant prior to the Commission hearing on the appeal. d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of the appeal will be noticed and scheduled on the Commission agenda at a regular meeting to be held within thirty (30) days following the delivery to the appellant of the ROWDS Manager's reply to the notice of appeal. A copy of the decision being appealed, the notice of appeal and the reply shall be delivered to the Commission at least one (1) week prior to the hearing. e. Action by Commission: Following the hearing, the Commission shall either affirm or reverse, in whole or part, or otherwise modify, amend or supplement the decision being appealed, as such action is adequately supported by the law and evidence presented at the hearing. Appeal Guidelines V C Preporing O TodoVs Students For IV T°�W.= c0onges. Joint School District �� N o . 2 FOgle . Merk 911 Meridian Road • Meridian, Idaho 83642 • (208) 855-4500 • Fax (208) 888-6700 SUPERINTENDENT Christine H. Donnell April 21, 2003 City of Meridian 33 East Idaho Meridian, Idaho 83642 Dear Planners: RECEIVED APR 2 2 2,003 City, of Meridian City Clerk Office The Meridian School District has experienced phenomenal student growth the last ten years. The high schools, middle schools, and elementary schools throughout the district are operating over capacity. Approval of Bear Creek Subdivision No 7 will have a significant impact on school enrollments at Peregrine Elementam Lake Hazel Middle and Meridian High School. We can predict that these homes, when completed, will house four (6) elementary aged children, four (4) middle school aged children, and three (3) senior high aged students. Additional students will further compound the current overcrowded situation. Residents cannot be assured of attending the neighborhood school, as it may be necessary to bus students to other schools across the district. School capacity is addressed in Idaho Code 67-6508. The Meridian School District is currently operating beyond capacity. Future development will continue to have an impact on the district's capacity. If you have any questions, please contact me at 888-6701. Sincerely, Wendel Bighpj� Supervisor of Facilities and Construction R.FicErvED CITY OF MERIDIAN JUN 6 2003 PUBLIC HEARING CITY OFMERIliiw SIGN-UP SHEET DATE June 5, 2003 ITEM # 5 PROJECT NUMBER PP 03-009 PROJECT NAME Bear Creek No. 7 NAME (PLEASE PRINT) FOR AGAINST NEUTRAL