HomeMy WebLinkAboutBear Creek No 8 PP 03-021BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 09/02/03
C/C 09/09/03
IN THE MATTER OF THE
REQUEST FOR PRELIMINARY
PLAT FOR BEAR CREEK NO. B
FOR 40 BUILDING LOTS AND 7
OTHER LOTS ON 13.85 ACRES
LOCATED NORTH OF WEST
VICTORY ROAD AND EAST OF
SOUTH STODDARD ROAD,
MERIDIAN, IDAHO
Case No. PP-03-021
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 regularly for public hearing before the City Council
on September 2, 2003 and continued until September 9, 2003, and Anna Powell Planning
Director for the Planning and Zoning Department, and Steve Arnold, appeazed and testified, and
the City Council having received a report from Brad Hawkins-Clark Planner III for the Planning
and Zoning Department, 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. 8, LOCATED INTHE E''/z OF SECTION 24, T.3N.,
R.1 W., B.M., MERIDIAN, ADA COUNTY, IDAHO, DWG DATE: 6/13/03, DWG N0.30604,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIA~IINARY PLAT
BEAR CREEK NO. 8 / (PP-03-021)
PAGE 1 OF 9
SHEET: 1 OF 1 PRE, \30604-PRE.DWG DLP, STAMPED DATE: AUG 29 2003,
HANDWRITTEN DATE: 8/29/03, STAMPED: RECEIVED SEP 02 2003 CITY OF
MERIDIAN CITY CLERK OFFICE, BEAR CREEK, LLC -DEVELOPER, STEVE ARNOLD
-PLANNER -BRIGGS ENGINEERING, INC.", Beaz 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
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 requires connection to the Municipal Water and Sewer
System. [Meridian City Code § 11-7-2 C]
2. The preliminary plat is in conformance with the Amended Comprehensive Plan
City of Meridian adopted August 6, 2002, Resolution No. 02-382, including Chapter IV, Goal I,
Obj. A, #6, Chapter VI, Goal II, Obj. A., #6, and Chapter VII, Goal IV, Obj. C, #5. It is found
that the subject property is designated as Low Density Residential on the Future Land Use Map.
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BEAR CREEK NO. 8 / (PP-03-021)
PAGE 2 OF 9
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. The developer will fund the new streets, sewer, water, in•igation
and other key services.
5. The development if built in accordance with the conditions and as proposed, will
not create health, safety or environmental problems and there have been no specifics of any such
concerns brought to the Council's attention.
6. It is found that the Recommendation To City Council of the Planning and Zoning
Commission is reasonable and appropriate for the conditions of approval of the preliminary plat
as hereinafter set forth.
7. The applicant has submitted for consideration of this approval drawing of the
preliminary plat herein designated as: "PRELIMINARY PLAT BEAR CREEK SUBDIVISION
NO. 8, LOCATED INTHE E''/z OF SECTION 24, T.3N., R.1W., B.M., MERIDIAN, ADA
COUNTY, IDAHO, DWG DATE: 6/13/03, DWG NO.30604, SHEET: 1 OF 1 PRE, \30604-
PRE.DWG DLP, STAMPED DATE: AUG 29 2003, HANDWRITTEN DATE: 8/29/03,
STAMPED: RECEIVED SEP 02 2003 CITY OF MERIDIAN CITY CLERK OFFICE, BEAR
CREEK, LLC -DEVELOPER, STEVE ARNOLD -PLANNER -BRIGGS ENGINEERING,
INC.,,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BEAR CREEK NO. 8 / (PP-03-021)
PAGE 3 OF 9
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. 8, LOCATED INTHE E %i OF SECTION 24, T.3N.,
R.1 W., B.M., MERIDIAN, ADA COUNTY, IDAHO, DWG DATE: 6/13/03, DWG NO. 30604,
SHEET: 1 OF 1 PRE, \30604-PRE.DWG DLP, STAMPED DATE: AUG 29 2003,
HANDWRITTEN DATE: 8/29/03, STAMPED: RECEIVED SEP 02 2003 CITY OF
MERIDIAN CITY CLERK OFFICE, BEAR CREEK, LLC -DEVELOPER, STEVE ARNOLD
-PLANNER -BRIGGS ENGINEERING, INC.", Bear Creek, LLC, 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:
1. Sanitary sewer service to this site shall be via main line extensions from mains
installed in the Bear Creek Subdivision. The applicant shall be required to extend
sewer mains to and through the proposed development, thereby making them
available to the adjacent properties. Applicant shall coordinate main sizing and
routing with the Public Works Department.
2. Domestic water service to this site shall be via main line extensions from mains
installed adjacent to the property. The applicant shall be required to extend water
mains to and through the proposed development, thereby making them available to
the adj acent properties. Applicant shall coordinate main sizing and routing with the
Public Works Department.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BEAR CREEK NO. 8 / (PP-03-021)
PAGE 4 OF 9
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 ofMeridian
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 reguired. 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. The fencing plan shown on Sheet L-2, dated 6-12-03, appeazs to comply with MCC
standards. Applicant shall submit a detailed plan for further review and approval
with the final plat application.
A revised preliminary plat, complying with MCC 12-13-16-2 regazding open space,
shall be submitted at least ten (10) days prior to the City Council heazing.
6. A detailed landscaping plan, in accordance with MCC 12-13 and with Condition #5
above, shall be submitted with the final plat application.
7. Applicant shall ensure that ACHD's minimum street widths for through lanes and
parking lanes are met on S. Bear Claw Way in front of Lot 8, Block 23 or Lot 29,
Block 12.
GENERAL CONDITIONS -PRELIMINARY PLAT
All grading of the site shall be performed in conformance with MCC 11-12-3H.
2. Sidewallcs shall be installed within the subdivision pursuant to MCC 12-13-10-8.
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.
4. Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
5. One-hundred-watt, high-pressure sodium streetlights will be required at locations
designated by the Public Works Department. All streetlights shall be installed at
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BEAR CREEK NO. 8 / (PP-03-021)
PAGE 5 OF 9
subdivider's expense. Typical locations aze 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.
6. Any drainage areas (detention retention basins) must be designed to ensure that
water is retained only during 100-yeaz storm events, and for a period of time not to
exceed 24 hours. Side slopes within drainage areas shall not exceed 3:1.
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.
8. 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.
9. 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.
B. Adopt the Recommendations of ACHD as follows:
Applicant shall comply with the Site Specific and Standard Conditions of
Approval, as listed in the ACRD report dated July 22, 2003 by Joyce Newton.
(Attached as Exhibit "A" is the ACHD July 22, 2003 report, consisting often
pages.)
C. Adopt the Recommendation of Nampa & Meridian Irrigation District as follows:
1. Applicant shall apply for a land use change/site application. All laterals
and waste ways must be protected. All municipal drainage must be
retained on site. If any surface drainage leaves the site, the District must
review drainage plan. The developer must comply with Idaho Code 31-
3805.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELINIlNARY PLAT
BEAR CREEK N0.8 / (PP-03-02 ] )
PAGE 6 OF 9
D. 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.
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.
5. The Engineers and architects involved with the design of the subject
project shall obtain current best management practices for stormwater disposal
and design a stormwater management system that prevents groundwater and
surface water degradation.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAHINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner
may request a regulatory taking analysis. Such request must be in writing, and must be
filed with the City Clerk not more than twenty-eight (28) days after the fmal decision
concerning the matter at issue. A request for a regulatory takings analysis will toll the
time period within which a Petition for Judicial Review may be filed.
Please take notice that this is a fmal 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 this decision may, within
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BEAR CREEK NO. 8 / (PP-03-021)
PAGE 7 OF 9
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 Z~
day of ~~;1~,,.,,/X~c.. , 2003.
ROLL CALL
COUNCILMAN BIRD VOTED'~~
COUNCILWOMAN deWEERD
COUNCILWOMAN McCANDLESS
COUNCILMAN NARY
MAYOR ROBERT D. CORRIE
(TIE BREAKER)
Attest:
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William G. Berg, Jr.,
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BEAR CREEK NO. 8 / (PP-03-021)
PAGE 8 OF 9
Copy served upon Applicant, The Planning and Zoning Department, Public Works
Department and City Attorney.
City Clerk
Z:1Work1MlMeridianHvIeridian 15360MBear Creek No. 8 PP-03-021~FfCIsOrdPP.doc
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BEAR CREEK N0.8 / (PP-03-021)
PAGE 9 OF 9
Ada County Highway District
Susan ~: ^asnake,~stvlce Nresident
Dave Givens, 2nd Vice President
David E. Wynkoop, Commissioner
John S. Franden, Commissioner
Garden CitylD 83714-6499
Phone (208)387-6100
FAX (208) 387-6391
E-mail:
July 22; 2003
To: Bear Creek LLC REli~1 V ~D
Greg Johnson ~~~ ~ ~ 203
660 E. Franklin Road, Suite 240
Meridian, Idaho 83642 Cfty of Meridian
City Clerls ®ffiee
Subject: MPP03-021
Bear Creek Subdivision No. 8
East of Stoddard Road, north of Victory, west of Meridian Road
On July 22,..2003, the Ada County Highway District acted on your application for the above
referenced project. The attached report lists site-spec'rfic 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,
`De/UUweWIopment A~nRaly~st
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
~xhob~¢ "A" !o~/D
Ada County Highway District
Right-af-Way & Development Department
Planning Review Division
This application does not require Commission action and is approved at the staff level as of Tuesday, July
22, 2003. Tech Review for this item was held with the representative on Wednesday, July 16, 2003 per e-
mail. 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: IV1PP03-021/Bear Creek Subdivision No. 8
Site address: East of Stoddard Road, North of Victory Road, West of Meridian 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 a 46-lot residential subdivision. The site is located east
of Stoddard Road and north of Victory Road. Bear Creek No. 8 is proposing to access the public
roadway system through Bear Creek Subdivision No. 1 and No. 4.
Acreage: 13.85-acres
Current Zoning: R-4 (Single-Family Residential)
Buildable Lots: 40
Common Lots: 6
Existing Use: Un-developed
Vicinity Map
MPP03-0211Bear Creek # 8
East of Stoddard Road, north of Victory Road
A. Findings of Fact
Trip Generation:
This development is estimated to generate 380 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:
Dobie Engineering submitted a traffic study for the original Bear Creek Subdivision on June 2,
1999. 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:
The site is currently un-developed.
5. Description of Adjacent Surrounding Area:
a. North: Bear Creek Subdivision
b: South: Bear Creek Subdivision
c: East: Proposed Church
d. West: Bear Creek Subdivision
6. Existing stub streets into the SitelRoadway Improvements/Right-of-Way
West Bear Track Drive stubs to the west property line of the proposed development site and
was constructed with Bear Creek No. 1. West Bear Track Drive was constructed as a 36-foot
street section with curb, gutter and sidewalk within 50-feet of right-of-way.
7
2
West Grizzly Drive stubs to the west property line of the proposed development site and was
constructed with Bear Creek No. 1. West Grizzly Drive was constructed as a 36-foot street
section with curb, gutter and sidewalk within 50-feet of right-of-way.
South Bear Claw Place stubs to the south property line of the proposed development site and
was constructed with Bear Creek No. 4. South Bear Claw Place was constructed as a 36-foot
street section with curb, gutter and sidewalk within 50-feet of right-of-way.
Site History
District staff has not reviewed this site as an application or prepared a report in the past year.
On July 7, 1999, the Ada County Highway District (ACHD) Commission reviewed and approved
Bear Creek Subdivision, a 326-lot residential subdivision to the west of this site.
On October 11, 2000, the Ada County Highway District (ACHD) Commission reviewed and
approved MAZ00-0018, a rezone from RT to R-8 and annexation into the City of Meridian.
ACHD has not approved a development plan on that parcel. The conceptual plan is for a
church that will have recreational facilities along their north property line and single family;
residential along their south property line.
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8. 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 7204.4.1 and Figure 72-F1A requires 50-feet of right-of-way on local streets. This
right-of-way allows for the construction of a 2-lane roadway with curb, gutter and 5-foot wide
concrete sidewalks.
2. Sidewalk
District policy requires 5-foot wide (minimum) concrete sidewalk on all local streets, except
those in rural developments with net densities of one dwelling unit per acre or less (7204.4.7).
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. Street Sections
District policy 7204.4.2 states, "developments with any buildable lot that is less that 1.5-acres
ire size will typically provide streets having a minimum pavement width of 32-feet with curb,
gutter and sidewalks. The total street width shall be 36-feet from back-of-curb to back-of-curb.
Variations of this width may be allowed, depending on traffic volumes forecast to be
generated by the' development. Concrete sidewalks shall be a minimum of 5-feet in width
unless they are separated from the curb 5-feet or more in which case the sidewalk shall be a
minimum of 4-feet in width.
The applicant is proposing to extend West Bear Track Drive from the west properly line to the east
property line. Staff is supportive of the extension and the location of the connection to the parcel to
the east as proposed. The applicant is proposing to construct the extension of West Bear Track Drive
as a 36-feet street section with curb, gutter and sidewalk within 50-feet of right-of-way.
The applicant is proposing to extend West Grizzly Drive from the west property line east to South
Bear Claw Way. Staff is supportive of the extension and the location of the connection to South Bear
Claw Way as proposed. The applicant is proposing to construct the extension of West Grizzly Drive
as a 36-feet street section with curb, gutter and sidewalk within 50-feet ofright-of--way.
The applicant is proposing to extend South Bear Claw Place (South Bear Claw Way) from the south
property line north to West Bear Track Drive. Staff is supportive of the extension from the south
property line north fo West Bear Track Drive as proposed. The applicant is proposing to construct the
extension of South Bear Cfaw Way as a 36-feet street section with curb, gutter and sidewalk within
50-feet of right-of-way.
3 E~~b~-T N~.. ~0~~~
The applicant is proposing to construct South Bear Claw Court located approximately 300-feet east of
South Bear Claw Way intersecting with West Bear Track Drive on the south side. Staff is supportive
of the location of South Bear Claw Court. The applicant is proposing to construct South Bear Claw
Court as a 36-feet street section with curb, gutter and sidewalk within 50-feet of right-of-way.
4. Roadway Offsets
District policy 7204.11.6, requires local roadways to align or offset a minimum of 125-feet from
another local roadway (measured centerline to centerline).
In accordance with District policy al! intersections within the subdivision should be located to align or
offset a minimum of 125-feet form centerline to centerline.
5. Stub Streets
District policy 7203.5.1 and 7205.5 requires stub streets to provide infra-neighborhood
circulation and to provide access to adjoining parcels. District policy also requires temporary
turnarounds with a temporary easement provided to the District at the end of stub streets that
serve more than one lot, or are greater than 150-feet in length with a sign at the terminus of
the roadway stating that, 'THIS ROAD WILL BE EXTENDED IN THE FUTURE".
The applicant is proposing to construct two-stub streets with the development.
West Bear Track Drive is proposed to extend to the northeast property line between Lot 30, Block 9
and Lot 22, Block 23 to the proposed Church parcel Staff is supportive of this location. Due to
the fact that this stub street is less than 150-feet in length, the applicant should not be
required to construct a temporary turnaround at the terminus of the roadway. The applicant
should install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE
EXTENDED IN THE FUTURE".
West Bear Track Drive is proposed to be constructed as 36-foot street sections with curb, gutter and
sidewalks within 50-feet of right-of-way.
West Stegerman Drive (West Sun Bear Drive) is proposed fo extend to the southeast property line
between Lot 1, Block 23 and Lot 28, Block 15 to the Adkins parcel (51224438992). Staff is
supportive of this location. Due to the fact that this stub street is less than 150-feet in length,
the applicant should not be required to construct a temporary turnaround at the terminus of
the roadway. The applicant should install a sign at the terminus of the roadway stating that,
"THIS ROAD WILL BE EXTENDED IN THE FUTURE".
West Stegerman Drive (West Sun Bear Drive) is proposed fo be constructed as 36-foot street
sections with curb, gutter and sidewalks within 50-feet of right-of--way.
6. Turnarounds
District policy 7205.2.1 requires turnarounds to be constructed to provide a minimum turning
radius of 45-feet. The applicant should also be required to provide a minimum of a 29-foot
street section on either side of any proposed center islands within the turnarounds.- The
medians should be constructed a minimum of 4-feet wide to total a minimum of a 100-square
foot area.
The applicant is proposing to construct a standard cul-de-sac turnaround at the terminus of South
Bear Claw Court. /n accordance with District policy turnarounds should be constructed to provide a
minimum turning radius of 45-feet.
4
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7. Islands
Center islands should be designed with 21-foot street sections on either side of-the center
island. The applicant will be required to dedicate sufficient right-of-way on either side of an
island. Coordinate the size and design of the center island with traffic services staff.
The applicant is proposing to construct a center island on South Bear Claw Way located
approximately 330-feet south of the intersection with West Bear Track Drive. In accordance with
District policy islands should 6e designed with 21-foot street sections on either side of the center
island.
District policy 7202.7 and 7207.5 requires any proposed landscape islands/medians within the
public right-of-way dedicated by this plat should be owned and maintained by a homeowners
association. Notes of this should be required on the final plat:
C. Site Specific Conditions of Approval
1. Extend West Bear Track Drive from the west property line to the east property line as
proposed on the submitted site plan. Construct West Bear Track Drive as a 36-feet street
section with curb, gutter and sidewalk within 50-feet of right-of-way.
2. Stub West Bear Track Drive to the northeast property line between Lot 30, Block 9 and Lot 22,
Block 23 to the proposed Church parcel, as proposed. Staff is supportive of this location.
Due to the fact that this stub street is less than 150-feet in length, the applicant shall not be
required to construct a temporary turnaround at the terminus of the roadway. The applicant
shall install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE
EXTENDED IN THE FUTURE". West Bear Track Drive shall be constructed as 36-foot street
sections with curb, gutter and sidewalks within 50-feet of right-of-way.
3. Extend West Grizzly Drive from the west property line east to South Bear Claw Drive as
proposed on the submitted site plan. Construct West Grizzly Drive as a 36-feet street section
with curb, gutter and sidewalk within 50-feet of rights of-way.
4. Extend South Bear Claw Place (South Bear Claw Wayj from the south property line north to
West Bear Track Drive as proposed on the submitted site plan. Construct South Bear Claw
Way as a 36-feet street section with curb, gutter and sidewalk within 50-feet of right-of-way.
5. Construct South Bear Claw Court located approximately 300-feet east of South Bear Claw Way
intersecting with West Bear Track Drive on the south side as proposed on the submitted site
plan. Construct South Bear Claw Court as a 36-feet street section with curb, gutter and
sidewalk within 50-feet of right-of-way.
6. Construct an ACHD approved turnaround at the end of South Bear Claw Court. Submit a
design of the turnaround far review and approval by District staff.
7. Stub West Stegerman Drive (West Sun Bear Drive) to the southeast property line between Lot
1, Block 23 and Lot 28, Block 15 to the Adkins parcel (S1224438992), as proposed. Staff is
supportive of this location. Due to the fact that this stub street is less than 150-feet in length,
the applicant shall not be required to construct a temporary turnaround at the terminus of the
5
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roadway. The applicant shall install a sign at the terminus of the roadway stating that, "THIS
ROAD WILL BE EXTENDED IN THE FUTURE". Construct West Stegerman Drive (West Sun
Bear Drive) as 36-foot street sections with curb, gutter and sidewalks within 50-feet of right-of-
way.
8. Any proposed landscape islands/medians within the
shall be owned and maintained by a homeowners
required on the final plat.
9. Comply with all Standard Conditions of Approval.
D. Standard Conditions of Approval
public right-of-way dedicated by this plat
association. Notes of this should be
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 atl 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 ACRD 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
6
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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.
E. Conclusions of Law
1. 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
7
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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 ACRD 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
300
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', BRIGGS ENGINEERING, INC.
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BRIGGS
(ZOB) 341-8700
7800 W. OVERLAND ROAD
BOISE, IDAHO 83706
BEAR CREEK SUBDIVISION NO. 8 REVISION
PORTION OF THE SE 1/4 OF SECTION 24, T.3N., R.1W., B.M.,
MERIDIAN ADA COUNTY, IDAHO SHEEP
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V DRAFT SCALE DATE DWG. NO.
KOH 1'=300• OfJ11/OS 10974 110414APR