HomeMy WebLinkAboutBear Creek 6 PP 03-005BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 06/10/03
IN THE MATTER OF THE REQUEST FOR
PRELIMINARY PLAT FOR BEAR CREEK
SUBDIVISION NO. 6 FOR 31 BUILDING
LOTS AND 2 OTHER LOTS ON 10.49 ACRES
LOCATED WEST OF S. MERIDIAN ROAD,
SOUTH OF OVERLAND ROAD, MERIDIAN,
IDAHO
CASE NO. PP-03-005
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
AND ORDER OF
CONDITIONAL APPROVAL
OF PRELIMINARY PLAT
BY: BEAR CREEK, LLC
The above entitled matter coming on regularly for public hearing before the City Council
on June 3, 2003 and continued until June 10, 2003, and Anna Powell Planning Director for the
Planning and Zoning Department, and Steve Arnold, appeared and testified, and the City Council
having received a report from Dauid McKinnon Planner II for Planning and Zoning, and Bruce
Freckleton, Engineering Technician III, and the City Council having received as part of the
record of this matter the recommendation to City Council of the Planning and Zoning
Commission and the applicant having submitted the "PRELIMINARY PLAT BEAR CREEK
SUBDIVISON NO. 6, LOCATED IN THEE '/z OF SECTION 24, T.3N., R.1 W., B.M.,
MERIDIAN, ADA COUNTY, IDAHO, DWG DATE: 02/20/03 and HANDWRITTEN DATE:
3/3/03 and STAMPED DATE: MAR 04 2003, DWG NO. 30206, SHEET 1 OF 1 PRE, \30206-
PRE.DWG BKB, BEAR CREEK, LLC -DEVELOPER, STEVE ARNOLD -PLANNER",
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BEAR CREEK SUBDNISION NO. 6 / (PP-03-005)
PAGE 1 OF 10
Bear Creek, LLC, Developer, submitted for preliminary plat approval and which preliminary plat
for approval application is herein received and adjudged by the City Council pursuant to
Meridian City Code § 12-3-3. Therefore the City Council makes the following findings:
FINDINGS OF FACT
1. That the proposed development is in conformance with the Amended
Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in
the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis
Amended Comprehensive Plan Map, adopted August 6, 2002, Resolution No. 02-382, and the
property is presently zoned R-4 (Low Density Residential) and R-8 (Medium Density
Residential), however, an application for annexation and zoning to R-8 is before the Council, and
requires connection to the Municipal Water and Sewer System. [Meridian City Code § 11-7-2 D]
2. The preliminary plat is in conformance with the Amended Comprehensive Plan
City of Meridian adopted August 6, 2002, Resolution No. 02-382.
It is determined that Urban Services can be made available to accommodate the
proposed development if the plat complies with the requirements and conditions hereinafter set
forth as conditions of preliminary plat approval.
4. The proposed development is a continuity of the proposed development within the
City's Capital Improvement Program and if the conditions, which are requested by the Planning
and Zoning Administrator and the Engineering Technician III, and as proposed by the developer
as stated on the preliminary plat, there will be public financial capability of supporting services
for the proposed development.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BEAR CREEK SUBDIVISION NO. 6 / (PP-03-005)
PAGE 2 OF 10
The development if built in accordance with the conditions and as proposed, will
not create health, safety or environmental problems and there have been no specifics of any such
concerns brought to the Council's attention.
6. It is found that the Recommendation To City Council of the Planning and Zoning
Commission is reasonable and appropriate for the conditions of approval of the preliminary plat
as hereinafter set forth.
The applicant has submitted for consideration of this approval drawing of the
preliminary plat herein designated as: "PRELIMINARY PLAT BEAR CREEK SUBDNISON
NO. 6, LOCATED IN THE E '/z OF SECTION 24, T.3N., R.1 W., B.M., MERIDIAN, ADA
COUNTY, IDAHO, DWG DATE: 02/20/03 and HANDWRITTEN DATE: 3/3/03 and
STAMPED DATE: MAR 04 2003, DWG NO. 30206, SHEET 1 OF 1 PRE, \30206-PRE.DWG
BKB, BEAR CREEK, LLC -DEVELOPER, STEVE ARNOLD -PLANNER".
DECISION AND ORDER
Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted:
IT IS HEREBY ORDERED AND THIS DOES ORDER
1. The Preliminary Plat of the applicant as evidenced by "PRELIMINARY PLAT
BEAR CREEK SUBDIVISON NO. 6, LOCATED INTHE E %z OF SECTION 24, T.3N.,
R.1W., B.M., MERIDIAN, ADA COUNTY, IDAHO, DWG DATE: 02/20/03 and
HANDWRITTEN DATE: 3/3/03 and STAMPED DATE: MAR 04 2003, DWG NO. 30206,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BEAR CREEK SUBDNISION NO. 6 / (PP-03-005)
PAGE 3 OF 10
SHEET 1 OF 1 PRE, \30206-PRE.DWG BKB, BEAR CREEK, LLC -DEVELOPER, STEVE
ARNOLD -PLANNER", Bear Creek, LLC - Developer is hereby conditionally approved; and
2. The conditions of approval are as follows to-wit:
A. Adopt the Recommendations ofthe Planning and Zoning and Engineering staff
as follows:
SITE SPECIFIC CONDITIONS OF APPROVAL (PRELIMIlVARY 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 imgation 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, asingle-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 p lat i ndicating t he
reduction in fence height to 3'where the fencing is within 20' of S. Alaska Way, in
compliance with the MCC.
5. A variance shall be submitted by the applicant to allow blocks within the
subdivision to exceed the maximum block lengths required by MCC 12-4-5. If the
City Council denies the variance request, the preliminaryplat will need to be revised
and remanded back to the Planning and Zoning Commission for additional review.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BEAR CREEK SUBDNISION NO. 6 / (PP-03-005)
PAGE 4 OF 10
6. A revised landscaping plan, in accordance with the Landscaping Ordinance shall
be submitted with the fmal plat application. The plan shall include a revised
drainage Swale design in accordance with the Landscape Ordinance.
7. Landscaping adjacent to Lot 9, Block 22 shall be installed in conjunction with the
development of the Valley Shepard Church property to the south (Pazcel #
S 1224417330), and not as a part of the proposed Bear Creek #6 Subdivision..
8. Unless a waiver is granted by Council, the applicant shall be responsible to the all
irrigation ditches, laterals, and canals per MCC 12-4-13.1.
9. If the maintenance of any common lots within the subdivision is to be the
responsibility of anyone other than the HOA, a note shall be added to the face of the
plat indicating who the responsible party shall be. Written documentation of
acceptance ofthe maintenance of the common lot(s) from the responsible party (if
other than the HOA), shall be submitted to the City with the final plat application.
10. Add or revise the following preliminary plat notes:
(2). Include Lot and Block numbers of the common lots.
GENERAL COMMENTS
1. 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.
2. Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
3. A letter of credit or cash surety in the amount of 110% will be required for
all fencing, landscaping, play equipment, pressurized irrigation, sanitary sewer,
water, etc., prior to signature on the final plat.
4. Sidewalks within the proposed subdivision shall be built in accordance with
MCC 12-13-10-8.
5. One-hundred-watt, h igh-pressure s odium s treetlights w ill b e 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BEAR CREEK SUBDNISION NO. 6 / (PP-03-005)
PAGE 5 OF 10
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.
6. All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the area being subdivided
shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by rile
appropriate irrigation/drainage district, or lateral users association (ditch owner's),
with written approval or non-approval submitted to the Public Works Department.
If lateral users association approval can't be obtained, plans will be reviewed and
approved by the meridian City Engineer prior to final plat signature.
7. Any drainage areas (detention/retentionbaslns) must be designed to ensure
that water is retained only during 100-year storm events, and for a period oftime not
to exceed 24 hours. Side slopes within drainage areas shall not exceed 3:1.
8. Any tree over 4" in caliper t hat i s r emoved from t he p roperty s hall b e
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.
9. Developer shall coordinate mailbox locations with the Meridian Post Office.
10. Any existing domestic wells and/or septic systems within this project will
have to be removed from their domestic service per City Ordinance Section 9-1-4
and 9-4-8. Wells may be used for non-domestic purposes such as landscape
irrigation.
11. 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.
12. Applicant's engineer will be required to submit a signed, stamped statement
certifying that all street fmish centerline elevations are set a minimum of three feet
above the highest established normal groundwater elevation.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BEAR CREEK SUBDIVISION NO. 6 / (PP-03-005)
PAGE 6 OF 10
B. Adopt the Recommendations of ACHD as follows:
Site Specific Conditions of Approval
1. Comply with requirements of ITD for State Highway 69 (Meridian Road)
frontage. Submit to the District a letter from ITD regarding said requirements
prior to District approval of the final plat or issuance of a building permit (or
other required permits), whichever occurs first. Contact District III Traffic
Engineer at 334-8340.
2. Construct West Cub Street as a 36-feet street section with curb, gutter and
sidewalk within 50-feet ofright-of--way as proposed.
3. Construct South Ice Bear Way as a 36-feet street section with curb, gutter
and sidewalk within 50-feet ofright-of--way as proposed.
4. Construct South Alaska Way located between Lot 24, Block 9 and Lot 2~i,
Block 22 as proposed. South Alaska Way shall be constructed as 36-root street
sections with curb, gutter and sidewalks within 50-feet ofright-of--way. Install a
sign at the terminus of the roadway stating that, "THIS ROAD WILL BE
EXTENDED IN THE FUTURE".
5. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
Any existing imgation 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BEAR CREEK SUBDNISION NO. 6 / (PP-03-005)
PAGE 7 OF 10
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 far staff approval, prior to
issuance ofbuilding 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 aze 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
ACRD right-of--way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised durinu
any phase of construction.
10. No change in the terms and conditions of this approval shall be valid
unless they aze 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDLR
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT'
BEAR CREEK SUBDIVISION NO. 6 / (PP-03-005)
PAGE 8 OF 10
C. Adopt the Meridian Fire Department Recommendations as follows:
1. That afire-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 ofwater supply for fire protection is contingent upon acceptance
of the water system by the City ofMeridian for water quality.
4. All radii shall be 28' inside and 48' outside radius.
5. Any dead-end exceeding 150' in length as the result of a phasing process will
require an approved turn-around.
D. Adopt the Recommendation of Nampa & Meridian Irrigation District as follows:
1. Applicant shall apply for a land use change/site application. There is an
existing pump station for pressurized irrigation.
2. All laterals and wasteways must be protected. All storm drainage must be
retained on site. The Developer must comply with Idaho Code 31-3805.
E. Adopt the Recommendations of the Central District Health Department as
follows:
1. This proposal can be approved for central sewage & central water after
written approval from appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be
submitted to and approved by the Idaho Department of Health & Welfare,
Division of Environmental Quality.
3. Run-off is not to create a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy Swale prior to discharge
to the subsurface to prevent impact to groundwater and surface water quality.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BEAR CREEK SUBDIVISION NO. 6 / (PP-03-005)
PAGE 9 OF 10
5. The Engineers and architects involved with the design of the subject
project shall obtain current best management practices for storn3water disposal
and design a stormwater management system drat prevents ,roundwater and
surface water degradation.
~~
By action of the City Council at its regular meeting held on the
day of ~G~~/G. , 2003.
ROLL CALL
COUNCILMAN BIl2D
COUNCILWOMAN deWEERD
COUNCILWOMAN McCANDLESS
COUNCILMAN NARY
MAYOR ROBERT D. CORRIE
(TIE BREAKER)
VOTED~.(~
VOTED
VOTED ~l~'~'-~
VOTED
VOTED ~~
Copy served upon Applicant, The Planning and Zoning Department, Public Worls
Department and City Attorney.
s\`°, ~ ^~
`~~~_ ert D. Corrie
Attest:
William{`~G/.Berg, Jr.,/C~i Clerk'%~
City Clerk
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