Bellingham Park Subdivision AZ 05-007
PARTIES:
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 09/15105 02:16 PM
N:~:E~~~~~~~~g 1111111111111111111/111111111/111/1/1
MeridIan CHy 105134292
AMOUNT .00
55
DEVELOPMENT AGREEMENT
1.
2.
City of Meridian
Bellingham Park, LLc., Owner/Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this M1J: day of ~¿-, 2005, by and between City of Meridian, a
municipal corporation of the State of aho, hereafter called "CITY', and Bellingham Park,
LLc., hereinafter called "OWNERIDEVELOPER".
1.
1.3
1.4
1.5
RECITALS:
1.1
WHEREAS, "OWNERIDEVELOPER" is the sole owner, in law
and/or equity, of certain tract of land in the County of Ada, State of
Idaho, described in Exhibit A for each owner, which is attached
hereto and by this reference incorporated herein as if set forth in full,
herein after referred to as the "Property"; and
1.2
WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may,
by ordinance, require or permit as a condition of fe-zoning that the
"Owner/Developer" make a written commitment concerning the use
or development of the subject "Property"; and
WHEREAS, "City" has exercised its statutory authority by the
enactment of Ordinance 11-15 -12 and 11-16-4 A, which authorizes
development agreements upon the annexation and/or re-zoning of
land; and
WHEREAS, "Owner/Developer" has submitted an application for
annexation and zoning of the "Property's" described in Exhibit A,
and has requested a designation of(R-8) Medium Density, (Municipal
Code of the City of Meridian); and
WHEREAS, "Owner" made representations at the public hearings
both before the Meridian Planning & Zoning Commission and before
the Meridian City Council, as to how the subject "Propeliy" will be
developed and what improvements will be made; and
1.6 WHEREAS, record ofthe proceedings for the requested annexation
and zoning designation of the subject "Property" held before the
DEVELOPMENT AGREEMENT (AZ 05-007) BELLINGHAM PARK SUBDIVISION)
PAGE 1 OF 11
1.9
1.10
Planning & Zoning Commission, and subsequently before the City
Council, include responses of government subdivisions providing
services within the City of Meridian planning jurisdiction, and
received further testimony and comment; and
1.7
WHEREAS, City Council, the 12th day of July, 2005, has approved
certain Findings of Fact and Conclusions of Law and Decision and
Order, set forth in Exhibit B, which are attached hereto and by this
reference incorporated herein as if set forth in full, hereinafter
referred to as (the "Findings"); and
1.8
WHEREAS, the Findings require the "Owner/Developer" to enter
into a development agreement before the City Council takes final
action on annexation and zoning designation; and
"OWNER" deems it to be in its best interest to be able to enter into
this Agreement and acknowledges that this Agreement was entered
into voluntarily and at its urging and requests; and
WHEREAS, "City" requires the "Owner/Developer" to enter into a
development agreement for the purpose of ensuring that the
"Property" is developed and the subsequent use of the "Property" is in
accordance with the terms and conditions of this development
agreement, herein being established as a result of evidence received
by the "City" in the proceedings for zoning designation from
government subdivisions providing services within the planning
jurisdiction and from affected property owners and to ensure re-
zoning designation is in accordance with the amended
Comprehensive Plan ofthe City of Meridian adopted August 6, 2002,
Resolution No. 02-382, and the Zoning and Development Ordinances
codified in Meridian City Code Title 11 and Title 12.
NOW, THEREFORE, in consideration of the covenants and conditions set
forth herein, the parties agree as follows;
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
DEVELOPMENT AGREEMENT (AZ 05-007) BELLINGHAM PARK SUBDIVISION)
PAGE 2 OF 11
3. DEFINITIONS: For all purposes of this Agreement the following words,
terms, and phrases herein contained in this section shall be defined and interpreted as herein
provided for, unless the clear context of the presentation of the same requires otherwise:
3.3
4.
3.1
"CITY": means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
subdivision of the state of Idaho, organized and existing by virtue of
law of the State of Idaho, whose address is 33 East Idaho Avenue,
Meridian, Idaho 83642.
3.2
"OWNER/DEVELOPER": means and refers to Bellingham Park,
LLC., whose address is 228 E. Plaza Street, Suite I, Eagle, Idaho
83616 the party developing said "Property" and shall include any
subsequent developer(s) of the "Property".
"PROPERTY": means and refers to that certain parcel(s) of
"Property" located in the County of Ada, City of Meridian as
described in Exhibit A describing the parcels to be annexed and
zoned R-8 (Medium Density) attached hereto and by this reference
incorporated herein as if set forth at length.
USES PERMITTED BY THIS AGREEMENT:
4.1
4.2
The uses allowed pursuant to this Agreement are only those uses
allowed under "City's" Zoning Ordinance codified at Meridian City
Code Section 11-7-2 (D) which are herein specified as follows:
Construction and development of either a conditional use permit or
a planned development application shall he submitted to the City of
Meridian prior to a future development in the R-8 zone, and the
pertinent provisions of the City of Meridian Comprehensive Plan
are applicable to this AZ 05-007 application.
No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. DEVELOPMENT IN CONDITIONAL USE: "Developer" has submitted
to "City" an application for conditional use permit site plan dated April 26, 2005, and shall
be required to obtain the "City'" approval thereof, in accordance to the City's Zoning and
Development Ordinance criteria, therein, provided, prior to, and as a condition of, the
DEVELOPMENT AGREEMENT (AZ 05-007) BELLINGHAM PARK SUBDIVISION)
PAGE 3 OF 11
commencement of constmction of any buildings or improvements on the "Property" that
require a conditional use permit.
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
6.1.
5.
"Developer" shall develop the "Property" in accordance with the following
special conditions:
1.
The Developer will be responsible for all costs associated with the
sewer and water service extension. Any exiting domestic wells
and/or septic systems within this project will have to be removed
from their domestic service, per City Ordinance § 5-7-517, when
services are available from the City of Meridian. Wells may be used
for non-domestic purposes such as landscape irrigation.
That all future development of the subject property shall be
constructed in accordance with City of Meridian ordinances in effect
at the time of the development. All future uses shall not involve uses,
activities, processes, materials, equipment and conditions of operation
that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke,
fumes, glare or odors.
That development of Phases III and IV shall not commence until
FEMA approves the proposed Letter of Map Revision and the flood
designation has been revised for Ten-Mile Creek. If the floor plain
and floodway boundaries presented with this application are not
approved by FEMA, the developer shall have two options: 1) remove
any lots within the FEMA-approved floodplain boundaries or 2)
resubmit for preliminary plat approval of Phases II and III.
The developer shall construct multi-use pathways as required by the
Comprehensive Plan. The future crossings ofTen Mile Creek and the
Ridenbaugh Canal may be accomplished offsite and through
anticipated bridges (Davinci Way stub street) connecting future
development with Tuscany Lakes and Messina Hills Subdivision.
However, the developer shall provide an offside pathway system
consistent with the Goals and Policies of the Comprehensive Plan.
That the developer shall be responsible for- enacting a dewatering
program as recommended by the Geotechnical report to be approved
by Meridian Public Works.
2.
3.
4.
DEVELOPMENT AGREEMENT (AZ 05-007) BELLINGHAM PARK SUBDIVISION)
PAGE 4 OF 11
6.
The developer shall dedicate Lot 15, Block IOta the N ampa Meridian
Irrigation District.
7. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and
the commitments contained herein shall be terminated, and the zoning designation reversed,
upon a default of the "Owner" or "Owners" heirs, successors, assigns, to comply with
Section 6 entitled "Conditions Governing Development of Subject Property" of this
agreement within two years of the date this Agreement is effective, and after the "City" has
complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any
subsequent amendments or recodifications thereof.
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Owner/Developer" consents upon default to the reversal of the zoning
designation of the "Property" subject to and conditioned upon the following conditions
precedent to-wit:
8.1
That the "City" provide written notice of any failure to comply with
this Agreement to "Owner/Developer" and if the "Owner/Developer"
fails to cure such failure within six (6) months of such notice.
9. INSPECTION: "OwnerlDeveloper" shall, immediately upon completion of
any portion or the entirety of said development of the "Property" as required by this
agreement or by City ordinance or policy, notify the City Engineer and request the City
Engineer's inspections and written approval of such completed improvements or portion
thereof in accordance with the terms and conditions of this Development Agreement and all
other ordinances of the "City" that apply to said Development.
10.
DEFAUL T:
10.1
In the event "Owner/Developer", "Owner/Developer's" heirs,
successors, assigns, or subsequent owners of the "Property" or any
other person acquiring an interest in the "Property", fail to faithfully
comply with all of the terms and conditions included in this
Agreement in connection with the "Property", this Agreement may be
modified or terminated by the "City" upon compliance with the
requirements of the Zoning Ordinance.
DEVELOPMENT AGREEMENT (AZ 05-007) BELLINGHAM PARK SUBDIVISION)
PAGE 5 OF 11
10.2
A waiver by "City" of any default by "Owner/Developer" of anyone
or more of the covenants or conditions hereof shall apply solely to the
breach and breaches waived and shall not bar any other rights or
remedies of "City" or apply to any subsequent breach of any such or
other covenants and conditions.
11. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
"Owner's" cost, and submit proof of such recording to "Owner", prior to the third reading of
the Meridian Zoning Ordinance in connection with the re-zoning of the "Property" by the
City Council. If for any reason after such recordation, the City Council fails to adopt the
ordinance in connection with the annexation and zoning of the "Property" contemplated
hereby, the "City" shall execute and record an appropriate instrument of release of this
Agreement.
12. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein.
13. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by either "City" or "Owner/Developer", or by any successor or successors in title
or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action
at law or in equity to secure the specific performance of the covenants, agreements,
conditions, and obligations contained herein.
13.1
13.2
In the event of a material breach of this Agreement, the parties agree
that "City" and "Owner" shall have thirty (30) days after delivery of
notice of said breach to correct the same prior to the non-breaching
party's seeking of any remedy provided for herein; provided,
however, that in the case of any such default which cannot with
diligence be cured within such thirty (30) day period, if the defaulting
party shall commence to cure the same within such thirty (30) day
period and thereafter shall prosecute the curing of same with
diligence and continuity, then the time allowed to cure such failure
may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
In the event the performance of any covenant to be performed
hereunder by either "Owner/Developer" or "City" is delayed for
causes which are beyond the reasonable control of the party
responsible for such performance, which shall include, without
DEVELOPMENT AGREEMENT (AZ 05-007) BELLINGHAM PARK SUBDIVISION)
PAGE 6 OF 11
limitation, acts of civil disobedience, strikes or similar causes, the
time for such performance shall be extended by the amount of time of
such delay.
14. SURETY OF PERFORMANCE: The "City" may also require surety
bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as
allowed under Meridian City Code § 12-5-3, to insure that installation of the improvements,
which the "Owner/Developer" agrees to provide, if required by the "City".
15. CERTIFICATE OF OCCUPANCY: The "Owner/Developer" agrees that
no Certificates of Occupancy will be issued until all improvements are completed, unless the
"City" and "Owner/Developer" has entered into an addendum agreement stating when the
improvements will be completed in a phased developed; and in any event, no Certificates of
Occupancy shall be issued in any phase in which the improvements have not been installed,
completed, and accepted by the "City".
16. ABIDE BY ALL CITY ORDINANCES: That "Owner/Developer" agrees
to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-
annexation if the owner or his assigns, heirs, or successors shall not meet the conditions
contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and
the Ordinances of the City of Meridian.
17. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three (3) days after
deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt
requested, addressed as follows:
DEVELOPMENT AGREEMENT (AZ 05-007) BELLINGHAM PARK SUBDIVISION)
PAGE 7 OF 11
CITY:
OWNER/DEVELOPER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Bellingham Park, LLC
228 E. Plaza Street, Suite I
Eagle, ID 83616
with copy to:
City Clerk
City of Meridian
33 E. Idaho Avenue
Meridian, ID 83642
17.1
A party shall have the right to change its address by delivering to the
other party a written notification thereof in accordance with the
requirements of this section.
18. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to
any other relief as may be granted, to court costs and reasonable attorney's fees as
determined by a Court of competent jurisdiction. This provision shall be deemed to be a
separate contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree
that time is strictly of the essence with respect to each and every term, condition and
provision hereof, and that the failure to timely perform any ofthe obligations hereunder shall
constitute a breach of and a default under this Agreement by the other party so failing to
perform.
20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon
and inure to the benefit of the parties' respective heirs, successors, assigns and personal
representatives, including "City's" corporate authorities and their successors in office. This
Agreement shall be binding on the "Owner" ofthe "Property", each subsequent owner and
any other person acquiring an interest in the "Property". Nothing herein shall in any way
prevent sale or alienation of the "Property", or portions thereof, except that any sale or
alienation shall be subject to the provisions hereof and any successor owner or owners shall
be both benefited and bound by the conditions and restrictions herein expressed. "City"
agrees, upon written request of "Owner", to execute appropriate and recordable evidence of
DEVELOPMENT AGREEMENT (AZ 05-007) BELLINGHAM PARK SUBDIVISION)
PAGE 8 OF I 1
termination of this Agreement if "City", in its sole and reasonable discretion, had determined
that "Owner" has fully performed its obligations under this Agreement.
21. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to be excised from
this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
22. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Owner/Developer" and
"City" relative to the subject matter hereof, and there are no promises, agreements,
conditions or understanding, either oral or written, express or implied, between
"Owner/Developer" and "City", other than as are stated herein. Except as herein otherwise
provided, no subsequent alteration, amendment, change or addition to this Agreement shall
be binding upon the parties hereto unless reduced to writing and signed by them or their
successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted
ordinance or resolution of "City".
22.1
No condition governing the uses and/or conditions governing re-zoning ofthe
subject "Property" herein provided for can be modified or amended without
the approval of the City Council after the "City" has conducted public
hearing(s) in accordance with the notice provisions provided for a zoning
designation and/or amendment in force at the time of the proposed
amendment.
23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective
on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning
Ordinance in connection with the annexation and zoning of the "Property" and execution of
the Mayor and City Clerk.
ACKN OWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
OWNER /DEVELOPER:
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DEVELOPMENT AGREEMENT (AZ 05-007) BELLINGHAM PARK SUBDIVISION)
PAGE90F 11
CITY OF MERIDIAN
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DEVELOPMENT AGREEMENT (AZ 05-007) BELLINGHAM PARK SUBDIVISION)
PAGE 10 OF 11
STATE OF IDAHO, )
; ss:
County of Ada, )
On this .2!L day of I2nl'dc+ , 2005, before me, the undersigned, a
Notary Public in and for said Stat~ppeared Steve Schmidt on behalf of
Bellingham Park, LLC, known or identified to me to be the
trl..tùYI t:1 ~ ........ of said corporation, who executed the instrument on
behalf of said corporation, and acknowledged to me that he executed the same.
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On this &.,1-' day of f? kWLb£r ,2005, before me, a Notary
Public, personally appeared and William G. Berg, Jr., know or identified
to me to be the and Clerk, respectively, of the City of Meridian, who executed the
instrument 0 the person that executed the instrument of behalf of said City, and
acknowledg to me that such City executed the same.
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PAGE 11 OF 11
IDAHO
SURVEY
GROUP
/450 East Watertower St.
Suite /50
Meridian, Idaho 83642
~-
Phone (208) 846-8570
Fax (208) 884-5399
Project No. 04-063
BeHingham Park
S ubdivisio n
May 13, 2004
Revised June 22,2004
A parcel ofland located in the Southwest ~ of Section 29, T. 3N., R. lE., B.M., Ada
County, Idaho, more particularly described as follows; Commencing at the comer common to
Sections 30, 31, 32, and the said Section 29, from which the Y4 comer common to said Sections
29 and 30 bears North 00°30'01 'West, 2651.89 feet; thence North 00°30'01" West, 1325.80 feet
to the South 1/16 comer common to said Sections 29 and 30, said point being the REAL POINT
OF BEGINNING.
Thence continuing North 00°30'01" West, 380.82 feet to a point 011 the Southerly right-
of-way ofthe Ridenbaugh Canal;
Thence along said right-of-way North 59°24'15" East, 1547.40 feet;
Thence North 00CO7'33" West, 149.12 feet to the C-W 1/16 comer;
Thence South 89°38'08" East, 669.96 feet to the Northeast comer of the West Y:z of the
NE1/4 of the SWII4;
Thence along the East line of the West Y2 of the NEl/4 ofthe SWl/4 South 00°03'35"
West, 1270.84 feet to a point on the Northeasterly line ofTen Mile Creek;
Thence along said line North 33°25'06" West, 1310.96 feet to a point on the Southerly
rìght-of-way of said Ridenbaugh Canal;
Thence along said right-of-way South 59°24'15" West, 110.13 feet to a point on the
Southwesterly line of the Ten Mile Drain;
Thence along saìd line South 33°25'06" East, 1306.51 feet to a point on the South line of
the Northe<!st y" of the Southwest Y.,¡;
Thence along said line North 89°42'02" West, 568.47 feet to the Southwest 1/16 corner;
Thence along the East hne of the Southwest y" of the Southwest y" South 00°07'38"
East, I 6.50 feet;
. .
Professional Land Surveyors
Thence departing said East line North 89°42'02" West, 671.18 feet;
Thence South 00°30'01" East, 130.52 feet;
Thence North 89°44'03" West, 659.95 feet to a point on the West line ofthe Southwest
y" ofthe Southwest x,;
Thence North 00°30'01" West, 147.41 feet to the Point of Beginning. Containing 43.18
acres, more or less.
Prepared By:
Idaho Survey Group, P.C.
D. Terry Peugh
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of a Request for Annexation and Zoning of 43.18 Acres from RUT (Ada
County) to R-8 (Medium Density Residential AND Prelinûnary Plat Approval of One
Hundred-Sixty-Six (166) Single- Family Building Lots and Thirty-Seven. (37)
Other/Common/Park Lots AND Conditional Use Permit Approval for a Planned
Development Consisting of Single-Famlly Homes with Reduced Minimum Lot Frontages
and Reduced Minimum Lot Sizes, by Gemstar Development, LLC.
Case No(s): AZ-05-007, PP-05-009, CUP-05-008
For the City Councll Hearing Date of: July 12, 2005
A. Findings of Fact
1. Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the first publication appearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300')
ofthe external boundaries of the property. The notice of public hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing. All other noticing was done consistent with Idaho Code §67-
6509.
b.
The matter was duly considered by the City Council at the July 12, 2005, public
hearing(s). The applicant, affected property owners, and govenunent subdivisions
providing services within the planning jurisdiction of the City of Meridian were
given full opportunity to express comments and submit evidence.
Written and oral testimony was received on this matter, as reflected in the records
of the City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony).
c.
The Planning and Zoning Commission conducted a public hearing on June 2, 2005
and issued a written recommendation on the subject matter to the City CounciL
The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
d.
2. Process Facts
a. There has been compliance with all notice and hearing requirements set forth in
Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ.05-007 / PP-O5-009/ CUP-05-008- PAGE I of5
3. Application and Property Facts
a. In addition to the application and property facts noted in the staff report and the
Plaruring & Zoning Recommendation for the subject application(s), it is hereby
verified that the property owner(s) of record at the time ofissuance of these
findings are Rick L McKague, Douglas H. Killam, Lawrance and Gene Smith,
Owen H. Garrett, Tom L. Dawson, with developer Gemstar Development, LLc.
4. Required Findings per Zoning and Subdivision Ordinance
a. See Exhibits G, H, and I for the findings required for these applications.
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conCeITed upon it by the "Local Land
Use Planning Act of 1975:' codified at Chapter 65, Title 67, Idaho Code (I.C. §6'7-
6503 ).
2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all
current zoning maps thereof. The City of Meridian has, by ordinance, established the
Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was
adopted August 6, 2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code
§ 11-17-9.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposect.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning and Zoning Department, the Public Works Department and
any affected party requesting notice.
7. That this approval is subject to the Legal Description in Exhibit A, the Preliminary Plat
dated July 12, 2005 as shown in Exhibit B, the Site Plan as shown in Exhibit C, the
Annexation and Zoning Comments as shown in Exhibit D, the Preliminary Plat Site
Specific and Standard Conditions as shown in Exhibit E, and the CUPIPD Site Specific
and Standard Conditions as shown in Exhibit F. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of
the application.
C. Decision and Order
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDEk
CASE NO(S). AZ-O5-007 I PP~O5.009 I CUP-O5-008- PAGE 2 of 5
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 that:
1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary
Plat dated June 12,2005 is hereby conditionally approved;
2. The applicant's Planned Development Site Plan as evidenced by having submitted the
Site Plan shown in Exhibit C is hereby conditionally approved; and,
3. The Site Specific and Standard Conditions are as shown in Exhibits E and F.
D. Notice of Applicable Time Limits
1. Notice of Eighteen (18) Month Conditional Use Pennit Duration
Please take notice that the conditional use permit shall be valid for a maximum period
of eighteen (18) months unless otherwise approved by the council. During this time,
the pennit holder must commence the use as permitted in accordance with the
conditions of approval, satisfy the requirements set forth in the conditions of approval,
acquire building pennits and commence construction of permanent footings or
structures on or in the ground. In this context "structures" shall include sewer and
water lines, streets or building construction. The applicant has specified in the
application and to the commission and council a construction schedule and completion
date for the project. lithe completion date specified for the project is exceeded, the
conditional use application shall become null and void. However, the applicant may
submit an application for a time extension on the project for city council review. The
application for time extension shall be submitted at least thirty (30) days prior to the
deadline for completion of the project. For projects requiring platting, the final plat
must be recorded within this eighteen (18) month period. For projects with multiple
phases, the eighteen (18) month deadline shall apply to the first phase. In the event that
the development is made in successive contiguous segments or multiple phases, such
phases shall be constructed within successive intervals of one year from the original
date of approval by the council. If the successive phases are not submitted within one
year intervals, the conditional approval of the future phases shall be null and void.
(MCC 11-17-4.B.)
2.
Notice of Twelve (12) Month Preliminary Plat Duration
Please take notice that after the date of approval of the preliminary plat, the owner or
developer shall have one year within which to file the request for approval of the final
plat. After approval of final plat, the owner or developer shall have one year to begin
construction of the public utilities and one year thereafter to complete construction of
those public facilities. (MCC 12-2-4.B & c.)
Notice of Final Action and Right to Regulatory Takings Analysis
E.
1. 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
CITY OF MERIDIAN FINDINGS OF fACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-OS-O07 / PP-05-009 / CUP-OS.OO8- PAGE 3 of 5
with the City Clerk not more than twenty-eight (28) days after the [mal 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.
2. Please take notice that this is a final action afthe governing body ofthe City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use pennit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F. Exhibits
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit P:
Legal Description
Approved Preliminary Plat (with conditions)
Approved Site Plan (with conditions)
Annexation and Zoning Comments
Preliminary Plat Site Specific and Standard Conditions
CUPIPD Site Specific and Standard Conditions
Exhibit G: Zoning Amendment Findings
Exhibit H: Preliminary Plat Findings
Exhibit I:
CUPIPD Findings
B)-.ili;f the Ci,: CoWlcil at its regular meeting held on the .:;),..ih
200S.
day of
COUNCIL MEMBER SHAUN WARDLE
VOTED . Y I\.
COUNCIL MEMBER CHRISTINE DONNELL
VOTED ~(). "
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED ~
COUNCIL MEMBER KEITH BIRD
VOTED~
MAYORTAMMYdeWEERD
(TIE BREAKER)
VOTED -
CITY OF MERlDIANFlNDlNGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ.O5.00? / PP~O5-009 / CUP-O5-008- PAGE 4 of 5
Attest:
By:
City Clerk's Office
Dated:---'&:J 1Jt;
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ.05-007 / PP-O5-009 / CUP-OS-OOS- PAGE 5 of 5
Exhibit A - Bellingham Park
EXHIBIT A
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Bellingham Park Subdivision
AZ-O5-007
Legal Description (3 pages)
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Exhibit A - Bellingham Park
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Bellingham Park Subdivision
PP-O5-009
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EXHffiIT C
Bellingham Park Subdivision
CUP-O5-008
Approved Site Plan
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EXHIBIT !!
Bellingham Park Subdivision
AZ-O5-007
Annexation and Zoning Comments
ANEXA TION & ZONING CO~
1. The annexation legal description submitted with the application (stamped by D. Terry
Puegh, PLS) shows the property as contiguous to the existing corporate boundary of
the City of Meridian.
2. Any future subdivision, uses and construction on this property shall comply with the
City of Meridian ordinances in effect at the time.
3. A Development Agreement (DA) will be required as part of an annexation of this
property. Prior to the armexation ordinance approval, a DA shall be entered into
between the City of Meridian, the property owner(s) (at the time of annexation
ordinance adoption), and the developer. The applicant shall contact the City Attorney.
Bill Nary. at 888-4433 to initiate this process. The DA shall incorporate the
following:
. That the applicant will be responsible for all costs associated with the sewer and
water service extension. Any existing domestic wells and/or septic systems within
this project will have to be removed from their domestic service, per City
Ordinance Section 5-7-517, when services are available from the City of
Meridian. Wells may be used for non-domestic purposes such as landscape
irrigation.
. That all future development of the subject property shall be constructed in
accordance with City of Meridian ordinances in effect at the time of development.
All future uses shall not involve uses, activities, processes, materials, equipment
and conditions of operation that will be detrimental to any persons, property or the
general welfare by reason of excessive production of traffic, noise, smoke, fumes,
glare or odors.
. That development of Phases III and IV shall not commence until FEMA approves
the proposed Letter of Map Revision and the flood designation has been revised
for Ten~Mile Creek. If the flood plain and floodway boundaries presented with
this application are not approved by FEMA, the applicant shall have two options:
1) remove any lots within the FEMA-approved floodplain boundaries or 2)
resubmit for preliminary plat approval of Phases II and III.
. The developer shall construct multi-use pathways as required by the
Comprehensive Plan. The future crossings of Ten Mile Creek and the Ridenbaugh
Canal may be accomplished off site and through anticipated bridges (Davmci Way
stub street) connecting future development with Tuscany Lakes and Messina Hills
Subdivision. However, the applicant shall provide an onsite pathway system
consistent with the Goals and Policies of the Comprehensive Plan.
Exhibit D - Bellingham Park
., That the developer shall be responsible for enacting a dewatering program as
recommended by the Geotechnical report to be approved by Meridian Public
Works.
. The developer shall dedicate Lot 15 Block 10 to the Nampa Meridian Irrigation
District.
Exhibit D - Bellingham Park
EXHIBIT E
Bellingham Park Subdivision
PP-05-009 (Amended July 26, 2005)
Preliminary Plat Site Specific and Standard Conditions
SITE SPECU'I CONDITIONS-PRELIMINARY P T
1. The preliminary plat prepared by Bailey Engineering, me, dated J an 06, 2005, is
approved, with the conditions listed herein, All comments/conditions of the
accompanying Annexation/Zoning (AZ-OS..OO7) and Conditional Use Permit
(CUP-OS-OO8) and Development Agreement shall also be considered conditions
of the Preliminary Plat (PP-O5-009),
2. In lieu of strict adherence to micro-path locations, the applicant may propose an
alternative multi-use pathway system in compliance to the 2002 Future Land Use
Map if approved by the Meridian Parks Department. A multiuse pathway shall
be coIlllected to the east along the Ridenbaugh canal in cooperation with adjoining
projects and developments.
3. Place a note on the face of the final plat stating that all future front garage
setbacks shall be 20-feet as measured from the property line or the back of
sidewalk, whichever is more restrictive.
4. Prior to the City Engineer's signature of a final plat containing all structures not
contained on a designated lot shall be removed.
5. The submitted landscape plan prepared by The Land Group, Inc., dated 1-14-05 is
not approved as submitted. The following should be included in a revised
landscape plan:
. Depict and construct a lO-foot wide gravel shoulder on Ten Mile Road
abutting the site, with the remaining portion of the right-of-way being
landscaped with lawn or other vegetative groundcover.
. Depict the micropaths as required by Site Specific Condition #6.
. All micropaths within the proposed subdivision shall be designed in
accordance with MCC 12~13-15 "Micropath Landscaping" and MCC 12-
4-3 "Pedestrian Walkways." Micropath fencing shall be constructed per
MCC 12-13-15-9.
. All areas being counted toward the open space requirement shall be free of
"wet ponds" or other such nuisances. All stonnwater detention facilities
incorporated into the required open space are subject to Ordinance 12-13-
14 and shall be fully vegetated with grass and trees, as depicted on the
submitted landscape plan.
. Any tree over 4" in caliper that is removed from the property shaH be
replaced by installing additional trees, being the equivalent number of
Exhibit E -Bellingham Park
caliper inches of trees that were removed. Required landscaping trees will
not be considered as replacement trees for those trees that are removed.
Other than the changes listed above, the approved landscape plan is not to
be altered without prior written approval of the Planning & Zoning
Department.
6. Construct a micro-path as depicted on the Planned Unit Development Site Plan,
Sheet PUD date April 26, 2006 and drawn by Bailey Engineering, Inc. Include a
connection for the micro-path to the east along the Ridenbaugh Canal in
cooperation with developments to the east. Appropriate signage should be
included in the micropath as to direct pedestrian traffic to the appropriate trail
system.
7. All road drainage shall be contained on site in the roadside swales as depicted. No
trees shall be placed in such a manner as to interfere with drainage.
8. All inigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the area being
subdivided shall be tiled per MCC 12-4-13, unless otherwise approved by Nampa
and Meridian Irrigation District. Plans will need to be approved by the appropriate
inigation/drainage district, or lateral USers association (ditch owners), with written
approval or non-approval submitted to the Public Works Department. If lateral
users association approval can not be obtained, plans will be reviewed and
approved by the City Engineer prior to final plat signature.
9. The applicant has not indicated who will Own and operate the presswi,zed
iITigation system within this development. Underground year-round pressurized
itrigation 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. If the pressurized inigation system witmn this development is to
remain a private homeowners' association system, complete plans and
specifications shall be reviewed by the Public Works Department as part of the
development plan review process. A draft copy of the pressurized itrigation
system O&M manual shall be submitted prior to plan approval. The applicant
shall be required to use 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 colU1ection is used, the
developer shall be responsible for the payment of assessments for the common
areas prior to signature on the final plat by the City Engineer.
10. A detailed fencing plan shall be submitted upon application of the final plat.
Fencing along all canals and waterways shall be a minimum of 6' in height and
constructed of non-combustible materials as to not interfere with regular
maintenance of ditches and waterways by N amps Meridian Inigation District. If
Exhibit E -Bellingham Park
pennanent fencing is not provided, temporary construction fencing to contain
debris must be installed around the perimeter prior to issuance of building
pennits. All fences shall taper down to 3-feet maximwn within 20 feet of all right-
of-way. All fencing shall be installed in accordance with MCC 12-4-10.
11. Maintenance of all common areas shall be the responsibility of the Bellingham
Park Homeowners' Association.
12. The applicant is proposing to sewer phase one of this development from an
existing sewer main in Locust Grove Road. The balance of the proposed
development is to be sewered from an extension of a trunk main located in
Tuscany Lakes phase 3. The applicant shall be responsible to construct sewer
mains to and through this proposed development. Subdivision designer to
coordinate main sizing and routing with the Public Works Department. Applicant
shall execute City of Meridian standard forms of easements, for any mains that
are required to provide service. Cover over sanitary sewer mains shall be no less
than 3-feet from finish grade to the top of the pipe. If cover is less than 3-feet
ftom the sub. grade to the top of pipe, alternate pipe materials shall be used per the
Meridian Public Works Department's Standard Specifications. Any sewer mains
not located in the right-of-way shall have a 20-foot wide easement with an all
weather access road, and said easement shall be free of any large landscaping.
13. MW1icipal water to this site shall be via extensions from existing mains in Locust
Grove Road. Applicant will be responsible to construct the sewer and water mains
to and through this proposed development, thereby making them available to
adjacent properties. Subdivision designer to coordinate main sizing and routing
with the Public Works Department. Applicant shall execute City of Meridian
standard forms of easements, for any mains that are required to provide service
14. Staffis concerned about the potential effects of high groundwater in the proposed
project area. Two significant waterways affect this property: the Ridenbaugh
Canal along the entire northern boundary and Ten Mile Creek intersecting the
project. Conventional wisdom holds that the shallow ground water table recedes
once development occurs and agricultural inigation ceases and waterways are
tiled. However, every year a number of homeowners contact the Public Works
Department regarding water in their crawl spaces in developments that have
been completely built out. The engineer shall be required to certify and ensure
that the street centerline elevations are set a minimum of 3~feet above the highest
established groundwater elevation, and that the bottom elevation of the crawl
spaces of homes is at least 1..foot above said groundwater elevation.
15. The approval of this proposed development shall be conditional on the applicant
being able to obtain a letter of map revision trom FEMA for the proposed
modified flood plain boundaries or redesign the development to comply with
Meridian City Code 10.6..5 regarding Provisions for Flood Hazard Reduction.
Exhibit E -Bellingham Park
16. Due to relatively high existing groundwater levels, applicant shall submit a
Master Grading and Drainage plan as part of the development plans to be
submìtted with each phase of this development. The Master Grading and Drainage
plan shall include at a minimum the following:
a.
b.
c.
d.
Groundwater contours for this development at peak seasonal high depth.
Finish floor elevation for all houses in this development.
Elevation of crawl space for all houses in this development.
Finish grade elevation at each lot comer.
Drainage flow patterns on all lots.
e.
Applicant shall maintain a minimum of five ground water monitoring wells in
project, at locations approved by the Public Works Department. Applicant shall
continue monthly ground water monitoring for two years after final approval of
each phase and provide infonnation to the Public Works Department.
If structural fill is to be placed on any lot, material specifications and
compaction requirements shall be detailed and submitted to Public Works and
the Building Department.
If slab-on-grade construction is utilized in conjunction with typical footings,
builders of each lot shall comply with all recommendations contained in the
applicant's Geotechnical Engineering Report (dated 6/10/04) prepared by
Michael G. Woodworth, P.E., of Materials Testing & Inspection, Inc. regarding
slab on grade construction. The builder of each lot shall provide fill material
gradation certification and a minimum of one compaction testing report per 500
square feet of first floor area (including garage) and provide such reports to the
Meridian Building Department prior to commencement of any :fi:aming.
The Master Grading and Drainage Plan must be approved by the Public Works
Department prior to overall plan approval. Builders must provide fmish floor
and crawl space elevation certification for each house prior to issuance of
certificate of occupancy.
1 7. All residential construction, where foundations would be within soil Groups II
through N of the Unified Soils Classification System, shall comply with the
International Residential Code R405.1, pertaining to the requirement of drains
around all concrete foundations that retain earth and enclose habitable or usable
spaces located below grade. Approved drainage systems shall be installed at or
below the area to be protected and shall discharge by gravity or mechanical means
to an approved drainage system. The applicant shall provide Public Works and
the Building Department with detailed soil classification profile of each test hole
as detennined by Associated Earth Sciences Incorporated.
Exhibit E -Bellingham Park
8.
9.
10.
11.
18. Other than the public street accesses approved by ACHD, direct lot access to
Locust Grove Road is prohibited. A note shall be placed on the final plat
restricting aCCess to Locust Grove Road.
19. A covenant shall be recorded for each lot within Bellingham Park Subdivision
:stating that the OWner of the lot shall be responsible for maintenance of the
drainage swale located on ACHD Right-o¡:'way fronting on the lot.
GE ERAL RE UIREMENT -PRELIMINARY PLAT
1. AU grading of the site shall be perfonned in confonnance with MCC 11-12-3H.
2.
Sidewalks shall be installed within the subdivision and on the pefÎtheter of the
subdivision pursuant to MCC 12-13-10-8.
3.
A letter of credit or cash surety in the at11ount of 110% will be required for all
fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
4.
Street signs are to be in place, water system shall be approved and activated,
fencing shall be installed, drainage lots constructed, road base shall be approved
by the Ada County Highway District, and the Final Plat for this subdivision shall
be recorded, prior to applying for building pennits.
5.
All development improvements, including but not limited to sewer, fencing,
micro-paths, pressurized irrigation and landscaping shall be installed and
approved prior to obtaining certificates of OCCupancy.
6.
It shall be the responsibility of the applicant to ensure that aU development
features comply with the Americans with Disabilities Act and the Fair Housing
Act.
Applicant shall be responsible for application and compliance with and NPDES
Permitting that may be required by the Environmental Protection Agency.
7.
Applicant shall be responsible for application and compliance with any Section
404 Pennitting that may be requited by the Anny Corps of Engineers.
A detailed landscape plan, in compliance with the landscape and subdivision
ordinance and as noted in this report, shall be submitted for the subdivision with
the fmal plat application.
Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
Two-bundred-fiftyand 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
Exhibit E -lJel1ingham Park:
17.
18.
19.
street intersections and/or fire hydrants. Final design locations and quantity are
detennined after power designs are completed by Idaho Power Company. The
street light contractor shall obtain design and pennit from the Public Works
Department prior commencing installations.
12.
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 mitigated.
13.
Submit any up-dated groundwater/soils monitoring data, as collected and
analyzed by a soils scientist, to the Public Works Department for review. Any
drainage areas (detentionJretention basins) must be designed to ensure that water
will percolate or discharge with a period of time not to exceed 24-hours for all
stonns up to and including a lOa-year stonn events. Side slopes within drainage
areas shall not exceed 3: 1. Any portion of a drainage area not improved with
sod/grass seed (or other approved landscaping) shall not count towards the
required open space area. The project engineer should pay close attention to the
results of field studies detennining 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 nonnal groundwater elevation. This i~ to ensure that
the bottom elevation of the crawl spaces of homes is at least I-foot above peak
high groWldwater.
14.
The applicant shall coordinate mailbox locations with the Meridian Post Office.
IS.
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.
16.
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.
Applicant's engineer will be required to submit a signed, stamped statement
certifying that all street finish centerline elevations are set a minimum of three
feet above the highest established seasonal high groundwater elevation.
The applicant shall be required to pay Public Works development plan review,
and construction inspection fees, as detemùDed during the plan review process,
prior to signature on the final plat per Resolution 02-374.
Staff s failure to cite specific ordinance provisions or terms of the approved
annexation/conditional use does not relieve the applicant of responsibility for
compliance.
Exhibit E -Bel1îngham Park
20.
Preliminary plat approval shall be subject to the expiration provisions set forth in
MCC 12-2-4.
Other AttencvlDepartment çomments & Con~
Meridian Fire Department
1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute
available for duration of2 hours to service the entire project. Fire hydrants shaH be
placed an average of500' apart. International Fire Code Appendix C
2. Acceptance of the water supply for fire Protection will he by the Meridian Fire
Department and water quality by the Meridian Water Department for bacteria
testing.
3. Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot
aisle.
b. The Fire hydrant shall not face a street which does not have addresses on
it.
c. Fire hydrant markers shall be provided per Public Warks spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each
side of the hydrant location.
e. Fire Hydrants shall be placed on comers when spacing permits.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
g. Fire hydrants shall be place 18" above finish grade.
h. Fire hydrants shall be provided to meet the requirements of the IFC
Section 509.5.
4. The phasing plan may require that any roadway greater than 150' in length that is
not provided with an outlet shall be required to have an approved turn around.
5. All entrance and internal roads shall have a turning radius of 28' inside and 48'
outside radius.
6. For all Fire Lanes, paint the curb red and provide signage "No Parking Fire
Lane".
7. Operational fire hydrants, tempormy or pennanent street signs and access roads with
an all weather surface are required before combustible construction is brought on
site.
Exhibit E -Bellingham Park
8. To increase emergency access to the site a tninimum of two points of access will be
required for any portion of the project, which serves more than 50 homes. The
applicant shall provide a stub street to the property to the (westleas1!north/south).
The two entrances should be separated by no less than Y2 the diagonal measurement
ofthe project.
9. The roadways shall be built to Ada County Highway Standards cross section
requirements and shall have a clear driving surface, available at all times, which is
20' wide. Streets with less than a 29' street width shall have no parking. Streets
with less than 33' shall have parking only on one side. These measurements shall
be based on the face of curb dimension.
to. The proposed 166-1ot subdivision with an estimated 2.9 residents per household
would have a total estimated population of 481 residents at build out.
11. 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.
12. Where a portion of the facility or building hereafter constructed or moved into or
within the jurisdiction is more than 400 feet (122 m) ftom a hydrant on a fire
apparatus access road, as measured by an approved route around the exterior of the
facility or building, on-site fire hydrants and mains shall be provided where required
by the code official. For buildings equipped tmoughout with an approved automatic
sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the
distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be
600 feet (183 m).
b. For buildings equipped throughout with an approved automatic sprinkler
system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the
distance requirement shall be 600 feet (183 m).
MERIDIAN PARKS DEPARTMENT
1. Pathway and Trail standards: The proposed pathway and/or trail shall meet the
standards as set forth in the August 2003 Comprehensive Parks and Recreation
System Plan, pgs. 3-2 and 3-3. sections B & C.
2. Standard for City to assume Maintenance of a section of Pathway: The pathway
must connect from one major arterial to another, and either an easement or
Exhibit E -Bellingham Park
ownership deed must be granted before the city will assume the maintenance of
any section of pathway.
3. Minimum acreage standard fO1' City Park: The City is willing to develop and
maintain Community Parks, Urban Parks, and Neighborhood Parks.
Neighborhood Parks will be reviewed on a case-by-case basis. The City may
choose to maintain neighborhood parks at an acreage of seven acres or larger. It
will be the responsibility of private homeowner groups or associations to develop
and maintain the smaller mini parks and some Neighborhood Parks in their
subdivision that the City does not maintain.
4. Standard for Mitigation of trees: The standard established in the City of Meridian
Landscape Ordinance (MCC 12-13-13-6) will be followed.
5. Standard Plan for Protection of Existing Trees during Construction: The standard
established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be
followed.
MERIDIAN POLICE DEPARTMENT
1. The proposed development and/or plat do not offer natural surveillance
opportunities of the public areas. Prior to the next public hearing, the applicant
shall meet with the Police Chief and/or Planning Staff to discuss features that
increase visibility, including but not limited to: doors and windows that look out
on the public areas, front porches, and adequate nighttime lighting. The site plan
and/or landscaping plan shall be revised in accord with those discussions.
2. Any interior fencing shall allow visibility from the street or shall not exceed four
feet in height if solid fencing is used.
Central District Health Department
I, Run-off is not to create a mosquito breeding problem.
2. Stonnwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
3. The Engineers and architects involved with the design of the subject project shall
obtain current best management practices for stormwater disposal and design a
stonnwater management system that prevents groundwater and surface water
degradation.
ADA COUNTY HIGHWAY DISTRICT
Site Specific Conditions of Approval
Exhibit E -Bcllingham Park
5.
6.
1.
Dedicate 3S-feet ofright-of~way from the centerline of Locl1st Grove Road
abutting the parcel by means of recordation of a final subdivision plat or
execution of a warranty deed prior to issuance of a building pennit (or other
required pennits), whichever occurs first. Allow up to 30 business days to
process the right-of-way dedication after receipt of all requested material. The
owner will not be compensated for this additional tight-or-way because Locust
Grove Road is classified as a collector roadway and is to be brought to adopted
standards by the developers of abutting properties.
If additional right~of-way is needed to accommodate the required left and light
turn lanes, the applicant shall dedicate sufficient right-of-way to construct those
improvements.
2.
Construct W. Wrightwood Drive as a 36 or 41-foot residential collector street
section with vertical curb, gutter, and sidewalk from Locust Grove Road to W.
Mitman Avenue. Provide 21~foot street sections on each side of the proposed
landscape island on W. Wrightwood Drive at the intersection with Locust Grove
Road. Stripe W. Wrightwood Drive at the intersection with Locust Grove Road,
to accommodate simultaneous left and right turn movements onto Locust Grove
Road.
3.
Construct a southbound left turn lane on Locust Grove Road at the intersection
with W. Wrightwood Drive. Provide a minimum of lOO-feet of storage with
shadow tapers for both the approach and departure directions.
4.
Construct a northbound right~tum lane at the sight approach intersection with
Locust Grove, as recommended by the submitted Traffic hnpact Study.
If the applicant meets the criteria for the alternative street section, construct the
internal streets, with the exception of W. Wrightwood Drive, as an alternative
street section that includes 32-feet of pavement with a I-foot minimum Concrete
ribbon curb (or vertical curb) and 4-foot concrete sidewalks that are detached by
an 8-foot wide drainage swale within 62-feet of right-of-way. If it is determined
that this site does not meet the established criteria, then the applicant will be
required to construct internal streets as a standard residential streets that includes
a 36-foot street section with rolled curb, gutter, and S-foot concrete sidewalk
within 50-feet ofright-oE-way.
If the applicant meets the criteria for the alternative street section, construct W.
Wrightwood Drive as an alternative street section that includes 32-feet of
pavement with a I-foot minimum concrete ribbon curb (or vertical curb) and 4-
foot concrete sidewalks on both sides of the roadway that is detached by an 8-foot
wide drainage swale within 62~feet of right-of-way. Ifit is detennined that this
site does not meet the established criteria, then the applicant wi11 be required to
construct West Wrightwood Drive as a standard street that includes a 36-foot
Exhíbít E -Bel1íngh!lJ1l Park
14.
15.
street section with curb, gutter, and 5-foot Concrete sidewalk within 50-feet of
right-of-way.
7.
The following access restrictions for W. Wrightwood Drive shall be noted on the
final plat:
. Lot 3, Block 7 shall not have access to W. Wrightwood Drive.
. Lot 2, Block 6 shall have an on-site turnaround to prevent the direct
backing of vehicles onto W. Wrightwood Drive and the driveway will be
required to be constructed with Wrightwood Drive at the east property
line.
8.
Construct a knuckle with a landscape island on W. Wrightwood Drive abutting
Lots 4-6, Block 6 to prevent the direct backing ofvehic1es onto W. Wrightwood
Drive. Provide a 29-foot street section on the south side of the knuckle if a
standard street section is proposed OR provide a fuD alternative street section.
9.
Any landscape islands or medians shall be owned and maintained by the
homeowner's association. Notes of this are required on the final plat.
10.
Construct W. Wrightwood Drive, the main entrance, to intersect Locust Grove
Road so that the southern right-of-way line for Wrightwood Drive aligns with the
property line on the west side of Locust Grove Road, as shown on the revised plan
dated August 23, 2004.
11.
Construct one alley between Blocks 2 and Block 3 that intersects E. Deerhill
Street and W. Wrightwood Drive. The alley shall have a minimum right-of-way
width of 16-feet and shall be paved its entire width.
12.
Install traffic circles at the intersections ofW. Mitman AvenuelWrightwood and
S. Glenmere AvenuelWrightwood. The applicant should coordinate the exact
location and design of the traffic calming devices with District Traffic Services
Staff.
13.
Construct West Rangewood Drive as a stub stre~t to the east property line located
approximately 21O-feet south of the north property line (measured property line to
centerline). Install a sign at the tenninus of the roadway stating that, "THIS
ROAD WILL BE EXTENDED IN THE FUTURE."
Construct South Broadview Avenue as a stub street to the south property line
located approximately 320-feet west of the east property line (measured property
line to centerline). Construct a turnaround at the tenninus ofS. Broadview
Avenue, as proposed. Install a sign at the tenninus of the stub street stating that,
"THIS ROAD WILL BE EXTENDED IN THE FUTURE."
Construct S. Overbill Avenue as a stub street to the south property line located
approximately 1,120-feet west of the east property line (measured property line to
Exhibît E -Bellinghan¡ Park
4.
5.
6.
7.
centerline). Install a sign at the tenninus of the stub street stating that, "THIS
ROAD WILL BE EXTENDED IN THE FUTURE."
16.
Construct W. Mitman Avenue as a stub street to the south property line located
approximately 535-feet east of the west property line (measured property line to
centerline). Construct a temporary turnaround at the terminus DEW. Mitman
Avenue. Install a sign at the tenninus of the stub street stating that, "THIS ROAD
WILL BE EXTENDED IN THE FUTURE."
17.
Plat no more than 104 homes until one of the stub streets is extended AND a
public road cOIUlection is made to either Locust Grove Road or Amity Road.
18.
Other than the access that is specifically approved with this application, direct lot
access to Locust Grove Road is prohibited and shall be noted on the final plat.
19.
Comply with all Standard Conditions of Approval.
ACHD 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.
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.
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.
The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required pennits), wmch incorporates any required
design changes.
Construction, use and property development shall be in confonnance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
Exhibit E -Bellingham Park
11.
8.
Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #200, also known as Ada County Highway District
Road hnpact 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
datnaged 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 confinnation of
any change trom the Ada County Highway District.
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.
Exhibit E -BelIingh¡¡111 Park
5.
6.
EXHIBIT F
Bellingham Park Subdivision
CUP~05-008 Amended Jul 26 2005
CUP/PD Site Specific and Standard Conditions
SITE PECllfIC CONDITIONS-CO ITIONAL U E PERMIT
1. The site plan prepared by Bailey Engineering, Inc, dated April 26 2005 with a
revision date of June 12, 2005, is approved, with the conditions listed herein.
Applicant shall meet all of the requirements of the Annexation/Zoning (AZ-05-
007) and Preliminary Plat (PP-O5-009) as a condition of the Conditional Use
Pennit (CUP-O5-008).
2.
The project shalJ confonn to the R-8 dimensional standards, except as follows:
1. Minimum ftontage: 36.feet (non cul-de-sac lots).
2. Minimum lot dimensions: 4,140 5q ft.
3.
The applicant shall provide detailed open space calculations at the P&Z
Commission public hearing, clarifYing what percentage of the site will be set
aside as landscaped open space (not including required street buffers). If
modifications to the plat/site plan/landscape plan are required by the Commission,
said plan shall be submitted to the City Clerk at least 10 days prior to the public
hearing. In addition to providing 10% of the site as open space, provide at least
one other amenity in accordance with the requirements of the City Council at the
recommendation of the Commission.
4.
Construction within Bellingham Park Subdivision shall substantially comply with
the elevations submitted by the applicant.
No zero lot line Lots wilJ be allowed in Bellingham Park Subdivision.
All constrnction for Bellingham Park Subdivision will be slab-on-grade as defined
by the Meridian Building Department.
Exhibit F - Bellingham Park
~
Bellingham Park Subdivision
AZ-O5~OO7
Zoning Amendment Findings
According to Meridian City Code (MCC) 11-15-11, General Standards Applicable to
Zoning Amendments, both the Planning & Zoning Commission and Council are required
"to review the particular facts and circwnstances of each proposed zoning amendment in
tenus of the following standards and shall flid adequate evidence answering the
following questions about the proposed zoning amendment."
The following is the list of standards found in 11-15-11:
A.
Will the new zoning be harmonious with and in accordance with the
Comprehensive Plan and, if not, has there been an application for a
Comprehensive Plan amendment;
In Chapter VII of the Comprehensive Plan, 'medium density' is defined as areas
including single-family homes at densities of three to eight dwelling units per
acre. Staff finds that the requested zoning designation, R-8, is harmonious with
and in accordance with the 2002 Comprehensive Plan and Future Land Use Map,
wlùch designates the land to be "Medium Density Residential". The 3.84 dwelling
units per acre proposed with the preliminary plat are consistent with previous
Commission and Council actions and generally confonn to the goals, objectives,
and action items contained in the Comprehensive Plan for this area. In addition, in
the applicant's cover letter (dated January 15, 2005) lists several Comprehensive
Plan policies, all of which support the annexation and proposed residential use of
the property.
Staff finds the following 2002 Comprehensive Plan text policies to be applicable
to this application (staff analysis is in italics below policy):
After evaluating the original preliminary plat submittal and the Comprehensive
Plan policies regarding hazardous use (floodplain). multi-use pathway, and
preservation of natural features areas, staff discussed with the applicants agent
the portion of the site within the floodplain and along the Ridenbaugh Canal, the
Eight-Mile Drain and Ten-Mile Drain designated for multi-use pathways. Staff
expressed concerns that the proposal does not conform to the purpO$e statement
of the natural features goals and policies and staff cannot make the findings to
recommend approval based on the following:
Chapter V A.2 P30 a Hazardous Areas - The purpose of the floodplain District is
to guide development in the flood-prone areas of any watercourse that is
consistent with the requirements for the conveyance of flood flows and to
minimize the expense and inconveniences to the individual property owners and
Exhibit G - Bellingham Park
the general public through flooding. Uses pennitted in this district are generally
associated with open space, recreational, and agricultural land uses and do not
hinder the movement of floodwaters.
The applicant has submitted a letter from Paul Kunz indicating that the
applicant has made the first indications of filing fòr a Letter qf Map Revision
to the Federal Emergency Management Agency. The letter indicates that if the
farm access roads are removed then the 1 DO-year floods would be contained
within the banks ofTen-Mile Creek.
Similarly to the existing floodplain there are two primary soils located onsite
as defined by the geotechnical report. As reported both soils types are prone
to flooding with seasonal high groundwater levels at 1.5~5feet below grade.
The engineering reports indicate that water in the crawl spaces is to be
expected and shallow groundwater is a concern for construction aCross the
site. Dewatering of the site is expected and a dewatering program was
recommended by the geotechnical engineer.
The submitted plan has seventy (70) lots proposed in the current floodplain
designation. All homes are expected to have moderate to severe groundwater
problems. The seasonal high groundwater levels are calculated as the
average depth to water during peak seasons; however actual high
groundwater levels at this site are expected to be at grade if a dewatering
program is not instituted.
The applicant has submitted a letter from John Anderson, of Nampa Meridian
Irrigation District addressing usage along major canal systems. Stafffeeis the
revision dated April 26, 2005 adequately addresses the relocation of the
multi-use pathways west of Ten.Mile Creek However, the NMID letter
supports staff's original recommendation that additional open space lots
should be placed along the Ten-Mile Creek and Ridenbaugh Canal east of the
Ten-Mile Creek to provide additional buffer to these major features of
concern in the intersection of the two major waterways. Staff feels that the
dedication of Lot 18, Block 10 to the Nampa Meridian Irrigation District is
appropriate to mitigate the anticipated residential impacts west of the Ten-
Mile Creek as long as a pathways connection is made from Bellingham Park
Subdivision to the east along the Ridenbaugh Canal.
Staff/eels that the relocation of parks, pathways and drainage lots in relation
to the high ground water would be the most beneficial to fUture owners. Past
approvals of subdivisions with potential for groundwater in crawls paces has
created a concern for the health/saftty and welfare of future owners. The
overall design of subdivisions helps mitigate these future problems.
Chapter VI C.2 P71 - Multiuse pathways: Pathways that encourage use by
bicyclists and pedestrians can decrease road congestion and add to the
Exhibit G - Bellingham Park
community's quality of life. The proposed off-street and multiuse pathway
systems are depicted in Figures VI-3 and VI-4. New and existing developments
should ensure that the guidelines laid out in this plan are adopted.
With the redesign of the slJbdivision the applicant has included multiuse
pathways proposed in this development. The Comprehensive Plan- indicates
in Figures VI -3 and VI-4 the locations of pathways along the Ridenbaugh
Canal Eight Mile Creek, and Ten-Mile Creek.
In response to the Nampa Meridian Irrigation District letter indicating the
need to have all pathways located away from the interchange of the Ten-Mile
Creek and the Ridenbaugh Canal, the applicant has proposed an alternate
route for the pathway. Staff supports the pathway system in these locations
providing connection to Locust Grove Road, near the intersection with the
Ridenbaugh Canal. With the relocation of the pathways away from the canal
systems the applicant has also proposed a more intensive Use closer to the
irrigation interchange than a pathway.
Staff' proposes that the applicant construct multi Use pathways similar to
Tu.~cany Lakes and Messina Hills Subdivision north of the property. These
developments placed the pathways in cooperation with the Comprehensive
Plan along the Eight and Ten Mile drains, utilizing the streets systems for
canal/creek crossings and creating ope.", space lots to buffer the irrigation
system from new development. The Multiuse pathway should be continued in
the following locations:
Staff feels that the open space lot should be continued along the east side of
Ten-Mile Creek to provide a connection through the open space from the
south of the development along Ten~Mile Creek to the connectioh with the
Ridenbaugh Canal and future connection with Tuscany Lakes and Messina
Hills Subdivisions.
The following goals and policies support the request for additional open
space along natural resources:
. "Preserve and conserve our waterways, wetlands, wildlife habitat, and
other natural resources/'(Chapter V, Goal I, Objective AI)
. "Preserve open space for recreation conservation and aesthetics" (Chapter
V, Goal I, Objective A2)
. "Identify waterways, wetlands, and other natural reSOUrces for
preservation" (Chapter V, Goal I, Objective A, Action item 1)
. "Identify feasible interconnected greenbelt areas along wateIWays,
railroads. etc." (Chapter V, Goal I, Objective A, Action item 2)
. "Develop and maintain greenbelts along waterways" (Chapter V, Goal I,
Objective A, Action item 4)
Exhibit G - Bellingham Park
. "Improve and protect creeks (Five Mile. Eight Mile, Nine Mile, Ten Mile,
South Slough, and Jackson and Evans drainages) throughout commercial,
industrial, and residential areas" (Chapter V, Goal I, Objective A, Action
item 11)
Staff also finds the following 2002 Comprehensive Plan text policies to be
applicable to this application (staff analysis is in italics below policy):
. "Require appropriate landscape and buffers along transportation corridors
(setback, vegetation, low walls, berms, etc.)." (Chapter VII. Goal Iv,
Objective D, Action item 4)
As depicted on the Comprehensive Plan Future Land Use Map, the 4pplicant
is proposing to construct a 25-foot wide landscape berm with dense
vegetation along Locust Grove Road. Staff is supportive of these widths, as
long as the entire buffer lies outside the ultimate right-o¡"way, and the
sidewalk is located outside of the 25-foot wide buffer (or increase buffer to
40-jèet). See Site Specific Condition #5 in the Preliminary Plat section below.
. "Consider "Acconunodating Bicycle and Pedestrian Travel: A Recommended
Approach" from the National Center for Bicycling and Walking in all land use
decisions." (Chapter VI, Goal II, Objective A, #3)
This publication encourages jurisdictions to establish bikeway and walkway
facilities in new construction and reconstruction projects, in a manner that is
saft, accessible and convenient.
. "On-street bikeways should be incorporated on all future Collector streets."
(Chapter VI, Figure VI-5)
Figure Vl-5 on page 57 of the Comprehensive Plan designates an on-street
bikeway mid-mile between Victory Road and Amity Road. The applicant is
proposing a 36-foot street section for Wrightwood Dr (collectorJ The
applicant has not proposed an onstreet bike path for Locust Grove road
between Victory and Amity but the addition of a 10-foot gravel shoulder for
future expansions should accommodate bike lanes.
A portion of the site located south of Wrightwood Drive and on either side of
Mitman Ave is in the Low Density Residential Comprehensive Designation. In
Chapter VII of the Comprehensive Plan, 'Low density' is defined as areas
including single-family homes at densities of three dwellin2 units or less per acre.
The applicant is requesting that all the subject site be zoned R-8 (Medium Density
Residential). The R-8 district allows for a maximum of eight (8) dwelling units
per acre (MCCll-7-2.C). however the design more closely resembles an R-4
development. The applicant's requested design provides for larger lots consistent
with a lower density transitional area.
Exhibit G - Bellingham Park
-"',
The comprehensive plan states 011 Page 104, Objective D- Plan for appropriate
uses within rural areas: «Require new urban density subdivisions which abut or
are proximal to existing low density residential land uses to provide landscaped
screening or transitional densities with larger, more comparable lot sizes to
bujjèr the intel/ace between urban level densities and rural residential densities. "
Terrier Subdivision is located Îm.tnediately south of the property with three lots of
approximately five acres each and is classified as low density residential. Lots 1-
6 and Lot 8 of Block 1 and Lots 1-2 of Block 7 have a calculated residential
density of 2.99 dwel1ing units to the acre or (7 residential lots 12.34 acres) which
is consistent with the maximum allowance within the Low Density Residential
Designation.
Staff recommends that the Conunission and Council rely on staffs analysis,
public testimony received and any comments submitted from any other agencies
or departments regarding whether the proposed zone and subsequent development
is harmonious with and in accordance with the Comprehensive Plan.
B.
Is the area included in the zoning amendment intended to be rezoned in the
future;
Concurrent with the annexation and zoning application, the applicant has
submitted a preliminary plat and conditional use pennit proposing single. family
lots on the subject site (PP.OS-OO4 & CUP.OS-OO4). Staff does not anticipate that
the applicant plans to rezone the subject property in the future ìf the
accompanyìng CUPIPD and PP applications are approved.
c.
Is the area included in the zoning amendment intended to be developed in the
fashion that would be allowed under the new zoning -for example, a
residential area turning into a commercial area by means of conditional use
permits;
The existing proposal is consistent with the Comprehensive Plan. Staff does not
anticipate commercial or other uses are planned for the site.
D.
Has there been a change in the area or adjacent areas which may dictate that
the area should be rezoned. For example, have the streets been widened, new
raßroad access been developed Or planned or adjacent area being developed
in a fashion sintilar to the proposed rezone area;
Staff finds that a substantial portion of the land to the north and east has been
developed (or approved for development) in a manner similar to the proposed
subdivision, with single. family dwelling units. Tuscany Lakes SubdivisiOl). to the
north wag approved with a gross density of 2.34 dwelling units per acre and a
school site. Tuscany Lakes Subdivision is an R.4 subdivision with the lot range
from 10,000 square feet to 30,000 square feet. Neighboring Ada County
Exhibit G - Bellingham Park
Developments are in the 1 acre to 5 acre size range. This development is
proposing significantly smaller lots, but witlún the acceptable limits for a medium
density development bordering a low density residential area.
There have been no recent street improvements in the area. Further, Locust Grove
Road is not currently scheduled within ACHD's Five Year Work Program or
Capital Improvements Plan (CIP) for roadway widening.
A portion of this development is clUTently not serviceable by the City of
Meridian's sanitary sewer system. Phase one of this development is eligible to
sewer to an existing main located in Locust Grove road. The remainder of this
development is planned to sewer via the future 24" service line to be fUn under
the Ridenbaugh Canal and through Tuscany Lakes upon build out. Staff
anticipates the sewer line to be in the near vicinity prior to development of this
proposal. Other urban services, such as water, are near to this site and the
applicant should be able to extend such services to the site. Staff finds that the
subject site is denser than SuITounding proposals and provides a housing type
which has not been utilized in the immediate vicinity (Blocks 2-3). The overall
proposal is consistent for development in a fashion similar to other properties in
the area.
E.
Will the proposed uses be designed, constructed, operated and maintained to
be harmonious and appropriate in appearance with the existing Or intended
character of the general vicinity and that such use will not change the
essential character of the same area;
The applicant has submitted several front elevations for the proposed single~
family homes. If the homes are constructed in substantial compliance with the
submitted elevations, they will be similar in design to other residences in the area.
The existing character of the area will, and is, currently changing. However, this
is the first development to apply for approval south of the Ridenbaugh Canal. This
development will set the tone for how the rest of this area, particularly the south,
develops or does not develop and how those developments deal with high
groundwater issues that prevail in this area. Similar developments in the near
vicinity have already experienced high groundwater along the Ten Mile Creek
and Ridenbaugh Canal.
The proposed homes must be designed, constructed, and maintained in significant
compliance to the recommendations as listed by the Geotechnical experts report
and with the conditions imposed by this report. The houses must be designed in a
fashion as to not allow any groundwater to enter the crawlspaces, otherwise the
housing products should be constructed without crawlspaces.
F.
Will the proposed uses not be hazardous Or disturbing to existing or future
neighboring uses;
Exhibit G- Bellingham Park
Due to other existing and proposed uses near the site, staff does not anticipate that
the proposed zoning/uses will be physically hazardous to future or existing uses or
neighbors in the area. The one cxccptìon may be with regard to the floodplain.
The floodplain must be engineered as to not hinder any floodwaters leaving the
site. If a flood event occurs and buildings impact the flow of water downstream
then the use may become hazardous to the neighboring properties.
The applicant should institute a dewateling plan to mitigate high groundwater
issues as dictated by the Geotechnical Report. Staff has required a dewatering
plan as a condition of approval.
Staff recommends that the Commission and Council rely on staff analysis,
comments from other agencies, and public testimony to detennine whether the
proposed use will be disturbing or hazardous to the existing neighboring uses and
future expected uses in this vicinity.
G.
Will the area be served adequately by essential public facilities and services
such as highways, streets, police and fire protection, drainage structures,
refuse disposal, water, sewer or that the person responsible for the
establishment of proposed zoning amendment shall be able to provide
adequately any of sbch services;
A portion of this development is cunently not serviceable by the City of
Meridian's sanitary sewer system. Phase one of this development is eligible to
sewer to an existing main located in Locust Grove road. The remainder ofthis
development is pla.tU1ed to sewer via the future 24" service line to be run under
the Ridenbaugh Canal and through Tuscany Lakes upon build out. Staff
anticipates the sewer line to be in the near vicinity prior to development of this
proposal. Other urban services, such as water, are near to this site and the
applicant should be able to extend such services to the site. Water to serve this
development is existing or currently under development with Tuscany Lakes
Subdivision. The applicant shall be responsible for the extension of utilities to and
through this proposed development. Sizing and routing shall be coordinated with
the Public Works Department.
The applicant and/or future property owners will be required to pay park and
highway impact fees as well as construct on-site storm water drainage facilities.
Based on the comments received from other agencies/departments, staff finds that
the public services listed above can be made available to accommodate the
proposed development. The Commission and Council should reference any
written and/or verbal testimony submitted by any public service provider,
regarding their ability to adequately service this project.
H.
Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of
the community;
Exhibit G- Bellingham Park
K.
If approved, the developer will be financing the extension of sewer, water, public
street in&astructure, utilities and irrigation services to serve the project. The
primary public costs to serve the future residents will be fire, police, school
facilities and services. Staff finds there will not be excessive additional
requirements at public cost and this development will not be detrimental to the
economic welfare of the community.
I.
Will the proposed uses not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any
persons, property or the general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors;
Staff' recognizes that traffic and noise will increase with the approval of a
development on this site; however, staff does not believe that the amount
generated will be detrimental to the general welfare of the public. Staff does not
anticipate that annexation and development in accordance with current city code
and the Comprehensive Plan will create excessive noise, smoke, fumes, glare, or
odors. Staff finds that if open space Lot 13, Block 12, were to develop in a similar
fashion to Tuscany Lakes subdivision then the open space would help to facilitate
the pedestrian traffic from the subdivision to surrounding uses.
Fencing along all canals and waterways shall be a minimum of 6' in height and
constructed of non~combustible materials as to not interfere with regular
maintenance of ditches and waterways by Nampa Meridian lITigation District.
J.
Will the area have vehicular approaches to the property which shan be so
designed as not to create an interference with traffic on surrounding public
streets;
The applicant is proposing to construct one public street entrance into the site
ITom Locust Grove Road and provide future public street connection to the site
nom Amity Road and through to Eagle Road. The proposed public street entrance
to Locust Grove Road has been proposed to ACHD. If all vehicular approaches
(streets) are approved and constructed in accordance with ACHD policies, staff
does not believe that the subdivision will create interference with traffic on the
surrounding public streets. Please review any comments from ACHD for this
project for additional information regarding this finding.
Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance; and
The comprehensive plan defines the Ten-Mile Creek as a natural feature of
importance. As described in the Annexation and Zoning Analysis A. The
applicant should make all attempts at preservation of this natural feature. There
Exhibit G - Bcllingham Park
are many game species in the vicinity which utilize the drainage systems for
habitat.
Any existing trees larger than 4" caliper that are removed should be mitigated for,
per the Landscape Ordinance.
Staff recommends that the Commission and Council reference any public
testimony that may be presented to detennine whether Or not the proposed
development may result in the destruction, loss or damage of a natural or scenic
feature(s) ofimportance ofwmch staff is unaware.
L.
Is the proposed zoning amendment in the best interest of the City of
Meridian. (Ord. 592, 11-17-1992)?
In accordance with the findings listed above, staff finds that the
annexation/zoning of this property, as proposed by the applicant, would be in the
best interest of the City.
Exhibit G - Bellingham Park
D.
E.
....,
EXHIBIT H
Bellingham Park Subdivision
PP~O5-009
PreIinûnary Plat Findings
Sections 12-3-3 J.2 and 12-3'-5 D read as follows: "In detennining the acceptance of a
proposed subdivision, the Commission/Council shall consider the objectives of this title
and at least the following:
Á.
The conformance of the subdivision with the Comprehensive Development
Plan;
B.
Please see Annexation and Zoning AnalYSis "A" above.
The availability of public services to accommodate the proposed
development;
Please see Annexation and Zoning Analysis "0" above.
The continuity of the proposed development with the capital improvement
program;
c.
Because the developer will be required to install sewer, water, and utilities for the
development at their cost, stafffinds that a development on this property will not
require the expenditure of capital improvement funds.
The public financial capability of supporting services for the proposed
development;
The development will not require major expenditures for providing supporting
services. Staff recommends the Commission and Council rely upon conunents
submitted from the public service providers (i.e. police, fire, ACHD, etc.) to
detennine this rIDding. (See finding "0" under Annexation and Zoning Analysis
above, and the Agency Comments and Conditions at the end of this report for
more detail.)
The other health, safety or environmental problems that may be brought to
the Commission's attention.
Staff finds that there should not be any health, safety or environmental problems
associated with this subdivision that should be brought to the Councilor
Commission's attention; other than the floodway and groundwater issues
previously discussed, no hazardous natural features have been identified on the
site. ACHD considers road safety issues in their analysis. Staff finds the
Commission and Council should rely on any public testimony that may be
presented to determine whether the proposed use may cause health, safety or
envirorunental problems of which staff are aware.
Exhibit H - Bellingham Park
5.
6.
SPE I L C NSIDERATION -PRELIMINAR PLAT
1.
Public Streets and Access: The applicant is proposing to construct through roads
(Wrightwood Drive) connecting Locust Grove Drive with future projects to the
east and south. Wrightwood Drive to HighcIiff Avenue is shown as a 36~foot wide
street will serve as the collector street in this area and wíll provide access to
Locust Grove Road for all parcels in this section. Staff is supportive of the
proposed design, as it will provide access to future development across Ten Mile
Creek for all parcels in this section.
2.
Right-of-way & Landscaoe Buffers:
Arterial Stre~Æ;, Staff recommends that the applicant be required to comply with
the ACHD's requirements for right-of-way dedication along Locust Grove Road.
Landscaping and sidewalks adjacent to Locust Grove Road should be constructed
in compliance with MCC 12-13-10. A 25-foot wide landscape buffer, located
entirely outside of the right-of-way and not including the width of the sidewa1lc,
should be provided along Locust Grove Road. See Site Specific Condition #5
below.
Stub Streets: The applicant is proposing to construct stub streets to adjacent
parcels east and south of the site. Staff is supportive of the proposed stub street
locations.
3.
4.
Unimproved Right-of-Wav: Meridian City Code 12-13-10-9 requires a lO-foot
wide gravel shoulder abutting right-of-way where the unimproved portion of the
right-of~way is greater than 13 feet (measured :trom the edge of pavement to the
edge of sidewalk or property line), and road widening is not in the ACHD Five
Year Work Program. The remainder of the unimproved right-of~way should be
landscaped with lawn or other vegetative groundcover. Locust Grove Road
abutting this site meets the warrants for the 10-foot wide gravel shoulder
requirement listed above. Therefore, the applicant should be required to construct
a lO-foot wide gravel shoulder on Locust Grove Road, with the remaining portion
of the right~of~way being landscaped with lawn or other vegetative groundcover.
See Site Specific Condition #5 below.
Internal Streets: The applicant is proposing to construct all internal streets with a
36-foot street section with 5-£00t wide detached attached sidewalks with drainage
swales. The entire street, including the sidewalk, is contained within the ACHD
right-of-way. Staffis supportive oftms design. To keep cars that park in fÌ"ont of
garages :trom blocking the sidewalk, all future face-of~garage setbacks should be
20~feet (measured trom the property line or the back of sidewalk, whichever is
more restrictive). See Site Specific Condition #3 below.
Micro-oaths: Staff recommends that a micro-path connections be provided as
depicted as closely as possible according to the Comprehensive Plan. There are
three distinct natural features in this area that are potential locations for multi-use
Exhibit H - Bellingham Park
10.
pathways. The Ridenbaugh Canal running east to west~ The Eight Mile Creek
trom the northeast and COlUlecting to the Ridenbaugh Trail~ and the Ten Mile Trail
Way connecting the northwest to futm-e developments south of the City of
Meridian. This recommendation will alIow greater pedestrian aCcess to the parks
located in from the south. See Site Specific Condition #6 below.
7.
Pining of Ditches: All ilTigation ditches~ laterals or canals, exclusive of natural
waterways, intersecting~ crossing or lying adjacent and contiguous to the area
being subdivided shall be tiled per MCC 12-4-13. Unless otherwise approved by
Nampa and Meridian Inigation District.. Plans will need to be approved by the
appropriate irrigation/drainage district, or lateral users association (ditch owners),
with written approval or non-approval submitted to the Public Works Department.
If lateral users association approval cannot be obtained, plans will be reviewed
and approved by the City Engineer prior to final plat signature. See Site Specific
Condition #8 below.
8.
Pressure Irrie:ation: The City of Meridian requires that pressurized iuigation
systems be supplied by a year-round source of water (MCC 12-13-8.3). The
applicant should be required to use 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 used, the developer shall be responsible for the payment of
assessments for the common areas prior to signature on the final plat by the City
Engineer. An underground, pressurized irrigation system should be installed to all
landscape areas per the approved specifications and in accordance with MCC 12-
13-8 and MCC 9-1~28. See Site Specific Condition #9 below.
Fencin!r: The applicant has not proposed to construct any fencing around the
perimeter of the site. Fencing along all canals and waterways shall be a minimum
of 6' in height and constructed of non-combustible materials as to not interfere
with regular maintenance of ditches and waterways by N ampa Meridian lITigation
District. A detailed fencing plan should be submitted upon application of the f111al
plat (MCC 12-4-10.F.3). Ifpermanent fencing is not provided, temporary
construction fencing to contain debris must be installed around the perimeter prior
to issuance of a building permit. All fences should taper down to 3 feet maximum
within 20 feet of all right-of-way. All fencing should be installed in accordance
with MCC 12-4-10. See Site Specific Condition #10 below.
Sanitarv Sew~ The entire development is currently not serviceable by the City of
Meridian's sanitary sewer system. Phase 1 will be served by a colUlection in the
Locust Grove Right of way, while sewer service for the western phases of the
development will be via the future main located along Ten Mile Creek, through
Tuscany Subdivision and piped under the Ridenbaugh Canal. See Site Specific
Condition #12 below.
9.
Exhibit H - Bellingham Park
EXHIBIT I
Bellingham Park Subdivision
CUP~O5-009
CUPIPD Findings
The Commission and Council shaH review the particular facts and circumstances of each
proposed conditional use in terms of the following and may approve a conditional use
pennit if they shall find evidence presented at the hearing(s) is adequate to establish (11 ~
17-3):
The Comwssion and Council shall review the particular facts and circumstances of
each proposed conditional use in terms of the following and may approve a
conditional use permit if they shall rmd evidence presented at the hearing(s) is
adequate to establish (11-17~3):
A.
That the site is large enough to accommodate the proposed use and aU yards,
open spaces, parking, landscaping and other features as may be required by
this ordinance;
As part of the Planned Development (PD) the applicant is requesting relieffrorn
the standard street frontage requirement and lot size requirement and standard
setbacks, as required by Meridian City Code. See Special Consideration #1 below
for detailed analysis.
Staff finds that the subject property is large enough to acconunodate the requested
use and all other required features. Although the site is large enough to
accommodate all of the features required by ordinance, the applicant has asked,
through the Planned Development, to modify specific development standards.
Staff recommends that not all requirements be waived as requested. See Special
Consideration #1 below for detailed analysis.
B.
That the proposed use and development plan will be harmonious with the
Meridian Comprehensive Plan and in accordance with the requirements of
this Ordinance;
Staff finds that the proposed single~family residential subdivision, with a gross
density of 3.84 dwelling units per acre, is generally hannonious with and in
accordance with the 2002 Comprehensive Plan and Future Land Use Map, which
designates the site to be ~~Medium Density Residentiar' and "Low Density
Residential (provided the Commission and Council grant the requested planned
development). Please see Annexation & Zoning Analysis "A" above.
c.
That the design, construction, operation, and maintenance will be compatible
Exhibit 1- Bellingham Park
H.
I.
with other uses in the general neighborhood and with the existing or
intended character of the general vicinity and that such use will not adversely
change the essential character of the same area;
Please see Annexation & Zoning Analysis "E" above.
D.
That the proposed use, if it complies with all conditions of the approval
imposed, will not adversely affect other property in the vicinity;
Staff recommends that the Conuníssion and Council rely upon public testimony,
staff's analysis, and other agency comments when determining if the proposed
uses will adversely affect other properties in the vicinity.
E.
That the proposed use wul be served adequately by essential public facilities
and services such as highways, street, police, and nre protection, drainage
structures, refuse disposal, water, sewer or that the person responsible for
the establishment of proposed conditional use shall be able to provide
a~equately any such services;
Please see Annexation & Zoning Analysis "G" and "H" above, the "Other
Agency/Department Comments and Conditions" at the end of this report, and any
comments that may be submitted to the City Clerk regarding this project.
F.
That the proposed use will not create excessive additional requirements at
public cost for public facilities and services and will not be detrimental to the
econoDÚc welfare of the community;
Please see Annexation & Zoning Analysis "R" above.
G.
That the proposed use will not involve activities Or processes, materials,
equipment, and conditions of operation that will be detrimental to any
persons, property, or general welfare by reason of excessive production of
trame, noise, smoke, fumes, glare or odors; ,
Please see Annexation and Zoning Analysis "I" above.
That the proposed use will have vehicular approaches to the property which
shall be so designed as not to create an inteñerence with traffic on
surrounding public streets;
Please see Annexation & Zoning Analysis "J" above. The Commission and
Council should review any comments received from the ACHD provide for this
project when detennining this finding.
That the proposed use will Dot result in the destruction, loss or damage of a
natural, scenic or historic feature considered to be of major importance.
Exhibit r - Bellingham Park
Please see Annexation & Zoning Analysis "K'! above.
SPECIAL CONSIDERATIONS-CONDITI-.r
1.
Reduced Standards: As stated earlier, the applícant is requesting modifications
from standard ordinance requirements for street frontage and lot size.
Lot Size: The applicant has requested reduced lot sizes; the submitted preliminary
plat has lots below the 6,500 squareRfoot minimum size. Therefore, a modification
to the standard R -8 lot size of 6,500 square-feet is applicable. The proposed lot
sizes range &om 4,860 square-feet to 14,290 square-feet.
Lot Frontage: The minimum requested street frontage is 36~feet. There are 144
lots that have between 36-feet and 64-feet offtontage (65-feet is the minimum for
the R~8 zone). Staff is supportive of reducing the ftontage for SOme of the lots as
it provides lot diversity.
Setbacks: The applicant's submittal of 4/26/05 requests that this development not
be subject to any setback standards. Staff recommends that all setbacks for the R-
8 zone remain in place. Staff would recommend even greater setbacks for lots
along canals and watelWays to help mitigate any NMID issues. -
2.
Amenities: MCC 12~6~2.A.3 requires two or more amenities to be provided as
part of each planned development. The proposed amenities for the subject planned
development include: a 2.8Racre open space lot and 5.03 acres of open space/park
The proposed open space makes up 11 % of the site, 5% minimum is required and
it takes 10% to count open space as an amenity. However, parking for
soccer/softball has not been addressed by the applicant. On-street parking will be
limited adjacent to the 2.8-acre park, and if parking is provided on-site, that takes
away from the useable green area. The applicant is proposing parking for the
clubhouse located on Lot 10, Block 3. Staff has not seen a rendering of how the
clubhouse would be used and/or upgraded for public use. The applicant shall
submit for a building pennit to change the Occupancy of the single family
residence to address the new proposed use as an amenity. As proposed, staff does
believe that the proposed park areas provide sufficient amenities relative to the
size of the proposed development and the requested relief of development
standards. Landscaped open space means land exclusive of street rights-of.way
and street buffers, except for right.of-way specifically dedicated for landscaping
within a subdivision. The applicant states that the total open space areas account
for 5.03 acres (11.66%). which meets the open space definition in the PD
ordinance. No drainage lots, required street buffers, or canal buffers have been
included in this calculation.
Exhibit I - BelJingham Park
3.
Elevations: The applicant has submitted several front elevation drawings for the
proposed dwelling units. Staff believes that the dwelling units will be compatible
with the adjoining uses, if the buildings are constructed as shown On the submitted
elevations. Construction within Bellingham Park Subdivision should substantially
comply with the elevations submitted by the applicant. Construction materials
used on the strucmres should be approved by the City of Meridian Building
Department and in accordance with the most recent Unifonn Building Code. See
Site Specific Condition #4 below.
Exhibit 1 - Bellingham Park