HomeMy WebLinkAboutBear Creek No 7 PP 03-009BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 07/01/03
IN THE MATTER OF THE
REQUEST FOR PRELIMINARY
PLAT FOR BEAR CREEK N0.7
SUBDIVISION FOR 12 BUILDING
LOTS AND 6 OTHER LOTS ON
10.92 ACRES LOCATED NORTH
OF WEST VICTORY ROAD AND
EAST OF SOUTH STODDARD
ROAD, MERIDIAN, IDAHO
Case No. PP-03-009
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY
PLAT
BY: BEAR CREEK, LLC,
APPLICANT
The above entitled matter coming on regulazly for public hearing before the City Council
on July 1, 2003, and Anna Powell Planning Director for the Planning and Zoning Department,
Steve Arnold, and Rick Bale, appeared and testified, and the City Council having received a
report from David McKinnon Planner II, 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 SUBDIVISION NO. 7, LOCATED IN THE E'h OF
SECTION 24, T.3N, R.1W., B.M., MERIDIAN, ADA COUNTY, IDAHO, DWG DATE:
04/09/03 MNM, DWG NO. 30306, SHEET: 1 OF 2, PRE-1, X30306-PRE.dwg SAT,
HANDWRITTEN DATE: 6/18/03 and STAMPED DATE: JUN 18 2003, REVISION: 06/04/03
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BEAR CREEK SUBDIVISION NO. 7 / (PP-03-009)
PAGE 1 OF 12
BY: MNM 06/18/03 BY: DLP, BEAR CREEK, LLC -DEVELOPER, BRIGGS
ENGINEERING, INC. -PLANNER", 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 and R-8, and requires
connection to the Municipal Water and Sewer System. [Meridian City Code § 11-7-2 C
and D]
2. The preliminary plat is in conformance with the Amended
Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382.
3. 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,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BEAR CREEK SUBDIVISION NO. 7 / (PP-03-009)
PAGE 2 OF 12
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.
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 concems brought to the Council's attention.
6. It is found that the Recommendation To City Council of the Planning and
Zoning Commission is reasonable and appropriate for the conditions of approval of the
preliminary plat as hereinafter set forth.
7. The City Council recognizes the concerns of Wendel Bigham, Joint
School District No. 2, in a letter dated Apri122, 2003.
8. The applicant has submitted for consideration of this approval drawing of
the preliminary plat herein designated as: "PRELIMINARY PLAT BEAR CREEK
SUBDIVISION NO. 7, LOCATED INTHE E'/: OF SECTION 24, T.3N., R:1W., B.M.,
MERIDIAN, ADA COUNTY, IDAHO, DWG DATE: 04/09/03 MNM, DWG NO.
30306, SHEET: 1 OF 2, PRE-1, X30306-PRE.dwg SAT, HANDWRITTEN DATE:
6/18/03 and STAMPED DATE: JUN 18 2003, REVISION: 06/04/03 BY: MNM
06/18/03 BY: DLP, BEAR CREEK, LLC -DEVELOPER, BRIGGS ENGINEERING,
INC. -PLANNER".
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BEAR CREEK SUBDIVISION NO. 7 / (PP-03-009)
PAGE 3 OF 12
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
The Preliminary Plat of the applicant as evidenced by "PRELIMINARY PLAT
BEAR CREEK SUBDIVISION NO. 7, LOCATED IN THEE % OF SECTION 24, T.3N.,
R.1 W., B.M., MERIDIAN, ADA COUNTY, IDAHO, DWG DATE: 04/09/03 MNM, DWG
NO. 30306, SHEET: 1 OF 2, PRE-1, X30306-PRE.dwg SAT, HANDWRITTEN DATE:
6/18/03 and STAMPED DATE: JUN 18 2003, REVISION: 06/04/03 BY: MNM 06/18/03 BY:
DLP, BEAR CREEK, LLC -DEVELOPER, BRIGGS ENGINEERING, INC. -PLANNER",
Dan Wood, Developer is hereby conditionally approved; and
2. The conditions of approval are as follows to-wit:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
CONDITIONS OF APPROVAL (PRELIMINARY PLATT
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BEAR CREEK SUBDIVISION NO. 7 / (PP-03-009)
PAGE 4 OF 12
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, 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 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. A variance application has been submitted by the applicant to exceed the
maximum 450' cul-de-sac length allowed by MCC 12-4-2F, Case No. VAR-03-017.
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 southem 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 southem
boundary of Lot 44.
8. The small landscape island located at the entrance ofthe 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 ofthe site shall be performed in conformance with MCC 11-12-
3H.
11. Sidewalks shall be installed within the subdivision and on the perimeter of
the subdivision pursuant to MCC 12-13-10-8.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BEAR CREEK SUBDIVISION N0.7 / (PP-03-009)
PAGE 5 OF 12
12. Applicant to provide a minimum five percent open space, and the applicant
shall also provide an easement along the south side of the Ridenbaugh Canal for a
pathway to the City, but the applicant is not required to construct the pathway.
Revise the plat and re-submit to Planning and Zoning. (Per action of the City
Council from their July 1, 2003 meeting.)
13. Add or revise the following preliminary plat notes:
(1). Include Lot and Block number of the common lot island.
14. 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.
15. Coordinate fire hydrant placement with the City of Meridian Public
Works Department.
16. 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 byIdaho Power Company. The street
light contractor shall obtain design and permit from the Public Works Department
prior commencing installations.
17. Any drainage azeas (detention/retentionbasies) must be designed to ensure
that water is retained only during 100-yeaz stone events, and for a period of time not
to exceed 24 hours. Side slopes within drainage areas shall not exceed 3:1.
18. 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.
19. 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.
20. 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BEAR CREEK SUBDIVISION NO. 7 / (PP-03-009)
PAGE 6 OF 12
elevations for each lot and indicate elevations for each lot corner 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.
21. 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.
B. Adopt the Recommendations of ACHD as follows:
Site Specific Conditions of Ap rp oval
1. 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 apnlicant shall do one of the followine on each roadwav:
a. Dedicate by donation an additional 10-feet ofright-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 exisfing right-of--way.
Accomplish all necessary adjustments to properly accommodate existine
drainage and utilities.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BEAR CREEK SUBDIVISION NO. 7 / (PP-03-009)
PAGE 7 OF 12
2. Stoddard Road and Victory Road are not listed as proposed projects in the
District's currently adopted Five-Yeaz 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 auplicant shall do one of the followin¢ for each roadway
a. Dedicate by donation an additional 10-feet ofright-of--way along
Stoddazd Road and Victory Road, and construct a minimum 5-foot wide
concrete sidewalk along Stoddazd 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-
footwide 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 existine
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 maybe
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BEAR CREEK SUBDIVISION NO. 7 / (PP-03-009)
PAGE 8 OF 12
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 ofright-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.
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,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDTfIONAL APPROVAL OF PRELIMINARY PLAT
BEAR CREEK SUBDNISION NO. 7 / (PP-03-009)
PAGE 9 OF 12
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 condifions of this approval shall be valid
unless they are in writing and signed by the applicant or the applicant's
authorized representafive 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 restricfions 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.
C. Adopt the Meridian Fire Department Recommendations as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BEAR CREEK SUBDIVISION NO. 7 / (PP-03-009)
PAGE 10 OF 12
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 aze required
before combustible constmcfion 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. Parking will be restricted to one side of the street on all portions of the
roadway with a 29' wide street section.
D. Adopt the Recommendation of Nampa & Meridian Irrigation District as follows:
1. Applicant shall apply for a land use change/site application.
2. All storm drainage must be retained on site. Lateral and waste ways must
be protected.
The District's Ridenbaugh Canal courses along the north boundary of the
proposed project. Any encroachment without written approval and a
signed agreement is unacceptable. The Developer must comply with
Idaho Code Section 31-3805.
22w~
By action of the City Council at its regular meeting held on the
day of r~Gt.eGL, , 2003.
ROLL CALL
COUNCILMAN BIRD VOTED ~~~~"~
COUNCILWOMAN deWEERD VOTED--{~
COUNCILWOMAN McCANDLESS VOTED~~
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BEAR CREEK SUBDNISION N0.7 / (PP-03-009)
PAGE 11 OF 12
COUNCILMAN NARY
MAYOR ROBERT D. CORRIE
(TIE BREAKER)
Attest:
G. Berg, Jr.,
VOTED__~~
VOTED `-
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Copy served upon Applicant, The Planning and
Department and City Attorney.
By:
City Clerk
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ung Department, Public Works
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BEAR CREEK SUBDIVISION NO. 7 / (PP-03-009)
PAGE 12 OF 12
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