PZ Recs/Staff ReportSTAFF REPORT
HEARING DATE:
TO:
FROM:
SUBJECT:
May 7, 2013
Mayor & City Council
Sonya Wafters, Associate City Planner
208-884-5533
E IDIAN~-
IDAHO
Bellabrook Villas -MDA-13-001; PP-13-002; PS-13-002
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, ZWJ Properties, LLC, has applied for: a modification to the existing development
agreement (MDA) to allow for the development ofsingle-family residential dwellings on the site
rather than amulti-family development as previously proposed; a preliminary plat (PP) for
Bellabrook Subdivision consisting of 26 single-family residential building lots and 4 common/other
lots on 4.38 acres of land in an R-15 zoning district; and a private street (PS) application for the
internal loop road off of the public street which provides access to the development via S. Locust
Grove Road. See Section VIII, Analysis, for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed PP, MDA, and PS applications based on the Findings of
Fact and Conclusions of Law in Exhibit B of the Staff Report. NOTE.• The private street application
is acted upon by the Director.
The Meridian Planning & ZOnInE Commission heard these items on March 7, and Apri14,
2013. At the public hearing, the Commission moved to recommend approval of the subject PP
request.
a. Summary of Commission Public Hearin:
i. In favor: Matt Howard: Orson Woodhouse
ii. In opposition: None
iii. CommentinE: None
iv. Written testimony: Matt Howard
v. Staff presenting application: Sonya Waters
vi. Othey staff commenting on application: Bruce Chatterton
b. Key Issue(s) of Discussion by Commission:
i. Conversion of the existing private street (Kalispell) to a public street;
ii. Financial burden on the residents for the maintenance of private streets;
iii. The requirement for gated entries to the private streets.
c. K_e_y Commission ChanEe(s) to Staff Recommendation:
i. At the request of the Applicant and at Staff s recommendation, strike condition #1.1.2
requirinE the pathway to be extended to the north & south property boundaries on the
east side of the Five Mile Creek;
ii. At the request of the Applicant and at Staff s recommendation, modify condition #1.1.7
to allow the existing fencing adjacent to the common area that is owned by adjacent
property owners to remain; the rest of the fencinE around the common area would be
constructed to UDC standards.
d. Outstanding Issue(s) for City Council:
i. The UDC (11-3F-SD) requires a gate to be installed at the entrance to the private
streets; the applicant requests this condition be stricken (see condition #1.1.5)
Bellabrook Subdivision MDA-13-001; PP-13-002; PS-13-002
PAGE 1
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number PP-13-002
as presented in the staff report for the hearing date of May 7, 2013, with the following modifications:
(Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number PP-13-002, as
presented during the hearing on May 7, 2013, for the following reasons: (You should state specific
reasons for denial.)
Continuance
I move to continue File Number PP-13-002 to the hearing date of (insert continued hearing date here)
for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The subject property is located at 300 S. Locust Grove Road, in the northwest'/4 of Section 17,
Township 3 North, Range 1 East.
B. Owner:
ZWJ Properties, LLC
1854 E. Lanark Street
Meridian, Idaho 83642
C. Applicant:
Same as owner
D. Representative:
Matt Howard, RSCI Group
1854 E. Lanark Street
Meridian, ID 83642
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject applications are for a preliminary plat and development agreement modification
request. Except for the MDA request, which only requires Council review, a public hearing is
required before the Planning & Zoning Commission and City Council on this matter, consistent
with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: February 18, and March 4, 2013 (Commission); April 15,
and 29, 2013 (City Council)
C. Radius notices mailed to properties within 300 feet on: February 14, 2013 (Commission); April
11, 2013 (City Council)
D. Applicant posted notice on site by: February 20, 2013 (Commission); Apri126, 2013 (City
Council
VI. LAND USE
A. Existing Land Use(s): This site is currently vacant but has been partially improved with streets,
Bellabrook Subdivision MDA-13-001; PP-13-002; PS-13-002
PAGE 2
curb, gutter and sidewalks; a pathway to the Five Mile Creek and street buffer landscaping along
Locust Grove Road.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: Church, zoned C-N
South: Residential properties zoned RUT in Ada County and R-4 in the city (Woodbridge Sub.)
East: Rural residential property, zoned R1 in Ada County; and commercial property, zoned C-G
West: Locust Grove Road; rural residential property, zoned R1 in Ada County; and a daycare
center, zoned L-O
C. History of Previous Actions:
• In 2006, this property was annexed and zoned (AZ-06-040) with an R-8 zoning district.
Concurrently, a preliminary plat (PP-06-038) was approved for 20 single-family residential
building lots and 4 common area lots on 4.38 acres of land.
In 2007, a rezone (RZ-07-006) of the property was approved to the R-15 zoning district. A
development agreement (DA) was required as a provision of the rezone, recorded as
Instrument No. 1080008769. Concurrently, a conditional use permit (CUP-07-038) was
approved for amulti-family development in an R-15 zoning district. A private street (PS-07-
002) application was tentatively approved with the CUP for private streets within the
proposed multi-family development. This approval was contingent upon the applicant
completing several tasks within a one year time period. These items were not completed
within the required time period and the PS application has since expired.
An 18-month time extension (TEC-09-002) on the CUP was approved by the Director on
January 21, 2009 and expired on August 14, 2010.
D. Utilities:
a) Location of sewer: Sanitary sewer to serve the subject site was previously constructed as part
of the original multi-family development.
b) Location of water: Domestic water to serve the subject site was previously constructed as
part of the original multi-family development.
c) Issues or concerns: Sanitary sewer and water services were installed as part of the original
multi-family development, and their locations may not comply with Public Works Standards.
E. Physical Features:
Canals/Ditches Irrigation: The Five Mile Creek runs across the eastern boundary of this site.
2. Hazards: Other than the Five Mile Creek which may present a hazard to young children, staff
is unaware of any hazards that exist on this site.
3. Flood Plain: The eastern portion of this site lies within flood zones "AE" and "X" and is
within the floodway.
VII. COMPREHENSIVE PLAN ANALYSIS
The Comprehensive Plan Future Land Use Map (FLUM) designates the subject property Mixed Use
Community (MU-C). The purpose of the MU-C designation is to allocate areas where community-
serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a
variety of uses, including residential, and to avoid mainly single-use and strip commercial type
buildings. All developments should have a mix of at least three land use types. Residential uses
Bellabrook Subdivision MDA-13-001; PP-13-002; PS-13-002
PAGE 3
should comprise a minimum of 20% of the development area at densities ranging from 6 to 15
units/acre.
The applicant is not proposing a mix of uses on the site; however, this parcel, consisting of 4.38 acres,
is part of larger area consisting of approximately 40 acres designated for MiJ-C uses. There are
currently a mix of uses in this area as follows: a daycare center to the west across Locust Grove; an
existing church to the north of this site; and property at the southwest corner of Franklin & Locust
Grove Roads that is zoned R-40 which will most likely redevelop with multi-family residential uses.
There are also several rural residential parcels within this area that when redeveloped, may contribute
to the mix of uses in this area.
The applicant proposes to develop this site with 26 single-family detached homes resulting in a gross
density of 5.94 dwelling units per acre, slightly below the density range (6 - 15 d.u./acre) desired in
MiJ-C areas. The property is currently zoned R-15, which is listed as an appropriate zoning district in
MU-C areas; however, the Comprehensive Plan does not list single-family residential developments
as an appropriate use in MLT-C areas. Single family detached homes are however allowed as a
principal permitted use in the R-IS zoning district. Because the density of the project is generally
consistent with the range called for in the Comp Plan, staff believes the development meets the intent
of the Plan.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
• "Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi-
family arrangements) and choices between ownership and rental dwelling units for all income
groups in a variety of locations suitable for residential development." (3.07.03B, pg. 56)
The future development of single family detached homes on this site should provide ownership
and rental options for individuals with varying income levels in this area of the City.
• "Require new residential development to meet development standards regarding landscaping,
signage, fences and walls, etc. (3.05.0X)
The subject development is required to meet all standards in regard to landscaping, signage,
fences, etc.
• "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 buffer the interface between urban level densities and rural residential
densities." (3.05.02F)
The subject property is adjacent to lower density residential uses in Woodbridge Subdivision to
the south and rural residential property to the east. The proposed density will provide a
transition to the higher intense uses desired in MZI-C areas to the north.
• "Require new residential development to provide permanent perimeter fencing, and fencing to
contain construction debris on site and prevent windblown debris from entering adjacent
agricultural and other properties." (3.05.02G)
Six foot tall vinyl fencing exists around this site.
"Protect existing residential properties from incompatible land use development on adjacent
parcels." (3.06.O1F)
The proposed single family residential development should be compatible with existing adjacent
residential and church uses.
Bellabrook Subdivision MDA-13-001; PP-13-002; PS-13-002
PAGE 4
• "Require pedestrian access connectors in all new development to link subdivisions together to
promote neighborhood connectivity as part of a community pathway system." (3.03.03B)
There is an existing pathway on the site that will provide pedestrian access through the proposed
common area to a future multi-use pathway along the Five Mile Creek for interconnectivity.
• "Limit canal tiling and piping of ditches, creeks, and drains where public safety issues are not of
concern." (S.O1.O1D)
As a natural waterway, the Five Mile Creek which runs along the eastern boundary of the site is
proposed to remain open as a natural amenity in accord with UDC I1-3A-6A.1.
• "Improve and protect creeks (Five Mile, etc.) throughout commercial, industrial, and residential
areas." (S.O1.OlE)
The Five Mile creek is required to be improved and protected with development of this site.
VIII. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
DEVELOPMENT AGREEMENT MODIFICATION (MDA): The applicant proposes to amend the
existing development agreement (DA) to accommodate development of the proposed preliminary
plat.
The existing development agreement requires the development of 34 multi-family condominium
units on the site. The proposed amendment allows for the development of 26 single-family
residential building lots on the site as proposed with the preliminary plat. See proposed changes
in Exhibit A.2).
PRELIMINARY PLAT (PP): The proposed preliminary plat consists of 26 single-family residential
building lots and 4 common/other lots on 4.38 acres of land in the R-15 zoning district.
Dimensional Standards: The proposed plat and future development is required to comply with
the dimensional standards of the R-15 zoning district listed in UDC Table 11-2A-7. Staff has
reviewed the proposed plat and found it complies with the aforementioned dimensional standards.
Access: One access is depicted on the plat via S. Locust Grove Road, an arterial street. A stub
street is depicted at the east boundary of the site for future extension to the parcels on the west
side of the Five Mile Creek. NOTE: Staff does not envision a public street extension across the
Five Mile Creek in this area.
Streets: The applicant proposes public and private streets for access within the development. A
public street (E. Kalispell St.) is proposed for access into the subdivision via Locust Grove.
Private streets (S. Truss Ln., S. Torino Ln. E. Bellalucca Ln.) are proposed internally for the
"loop" connecting to Kallispell Street and are depicted on the preliminary plat as a common lot.
All of the streets within the proposed subdivision have already been constructed as private streets
based on the previous plan for amulti-family development. Because the use is now proposed to
be single-family and the UDC prohibits private streets from connecting to an arterial street
(Locust Grove), the applicant proposes to convert the existing private street (E. Kalispell St.) to a
public street while keeping the loop roads private. A draft report is not yet available from ACHD
on this request but ACHD has stated that a public hearing and Commission action is required to
accept the private street as a public street. Any approval by City Council will be contingent upon
ACHD approving the existing private street (Kalispell) as a public street.
Bellabrook Subdivision MDA-13-001; PP-13-002; PS-13-002
PAGE 5
The purpose statement in UDC 11-3F-1 states that it is not the intent to approve private streets for
single-family developments other than those that create a common mew through the site design or
that propose a limited gated residential development; neither is proposed in this case.
Additionally, one of the required findings listed in UDC 11-3F-5 requires that the proposed
residential development is a mew or gated development. In order to approve the private street
application, the Director must be able to make all of the findings listed. Because the R-15 zoning
does not require public street frontage and because the streets and city services already exist on
this site, staff does not object to the proposed streets. However, because one of the findings
requires that the private streets be gated, staff recommends a condition of approval be for gates
on the private streets (see Exhibit C).
Pathway: A 7-foot wide pathway has been constructed on the eastern portion of this site through
the common area on Lot 9, Block 1 to the Five Mile Creek and continues on the other side of the
Five Mile Creek as shown on the landscape plan. The portion on the east side of the creek that
runs north/south is 10 feet wide and will be part of the City's multi-use pathway system. As such,
it will eventually connect to the north and south and run along the Five Mile Creek. It appears
that the pathway was not constructed all the way to the north and south property boundaries; staff
recommends the pathway be extended as a condition of approval.
Although the Park's Department isn't requiring a bridge to be constructed across the creek,
Planning staff believes it makes sense for the bridge to be constructed with development of this
site so that when adjacent properties develop and the multi-use pathway is extended, residents of
this development can gain access to the pathway.
The developer is required to submit a public use easement for the section of the multi-use
pathway along the Five Mile Creek to the Planning Division of the Community Development
Department for approval by City Council prior to signature on the final plat by the City Engineer.
Landscaping: A 25-foot wide landscape street buffer has already been installed along S. Locust
Grove Road, an arterial street, as required by UDC Table 11-2A-7. It appears the existing
landscaping meets the UDC requirements for landscaping along an arterial. Landscaping is
required to be maintained in accord with the standards listed in UDC 11-3B-13C.
Common Open Space & Site Amenities: All single-family developments over 5 acres in size
are required to provide open space & site amenities in accord with the standards listed in UDC
11-3G-3. Because this site is below 5 acres in size, no open space or site amenities are required.
Although none is required, the plat depicts 1.15 acres of common area and an internal pathway
leading to a segment of the City's multi-use pathway system along the Five Mile Creek as
amenities.
Sidewalk: Afive-foot wide attached sidewalk exists along S. Locust Grove Road. An attached 5-
foot wide sidewalk has been constructed internally along the outer edge of the private streets and
along the north side of Kalispell Lane; a new sidewalk will also be required along the south side
of the proposed public street (Kalispell), as shown on the plat.
Fencing: Six foot tall closed vision vinyl fencing exists around the perimeter of the development
as depicted on the landscape plan, including adjacent to the open space area on the northeast
portion of the site. The UDC (1~1-3A-7A.7) requires closed vision fencing to be limited to 4 feet
in height if adjacent to pathways and common open space. The existing fencing does not comply
with this standard. The applicant should remove the existing 6-foot tall fence adjacent to Lot 9,
Block 1, and replace it with either a 4-foot tall solid fence, or 6-foot tall open-vision fencing.
If fencing is constructed along the Five Mile Creek, it shall not prevent access to the waterway in
accord with UDC 11-3A-6B.1.
Bellabrook Subdivision MDA-13-001; PP-13-002; PS-13-002
PAGE 6
Waterways: The Five Mile Creek is a natural waterway and runs across the eastern boundary of
this site and shall remain open as a natural amenity in accord with UDC 11-3A-6A.1.
Building Elevations: Conceptual building elevations for the single-family structures are included
in Exhibit A.S. All of the structures have a mix of materials, including stone or brick accents on
the facades.
PRIVATE STREET (PS): The applicant has submitted an application for private streets within the
development. When this site was previously planned to develop with amulti-family development,
a private street application was tentatively approved for internal access and addressing purposes
but never received final approval within the time period allowed. Please see the analysis above in
this section under "streets" for more information.
Staff is supportive of the proposed development agreement modification and preliminary plat
with the comments noted above and the conditions listed in Exhibit B. Staff has tentatively
approved the private street application contingent upon the applicant completing the tasks listed
in UDC 11-3F-3B within one year of the approval date.
IX. EXHIBITS
A. Drawings/Other
1. Vicinity Map
2. Applicant's Proposed Changes to Development Agreement
3. Proposed Preliminary Plat -Revised (stamped & signed by Benjamin Thomas 3/19/13)
4. Proposed Landscape Plan
5. Conceptual Building Elevations
B. Agency & Department Comments/Conditions
C. Required Findings from Unified Development Code
Bellabrook Subdivision MDA-13-001; PP-13-002; PS-13-002
PAGE 7
Exhibit A1: Vicinity Map
Bellabrook Subdivision MDA-13-001; PP-13-002; PS-13-002
PAGE 8
Exhibit A.2: Applicant's Proposed Changes to Development Agreement (changes shown below in strike-
out/underline format)
4. USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning
Ordinance codified as Meridian Unified Development Code 11-2A-2 which are herein specified as
follows:
3.426 ~isin le family ~e~,~~re detached units on 4.38 acres, and the pertinent provisions of
the City of Meridian Comprehensive Plan are applicable to this ~9~-986 MDA-13-001 and PP-
13-002 application.
4.2 No change in the uses specified in this Agreement shall be allowed without modification of this
Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1 Owner/Developer shall develop the Property in accordance with the following special conditions:
The development of this site shall substantially comply with the site landscape plan and conceptual
elevations submitted with the application (shown in Exhibit EA) and presented at the public hearing.
Bellabrook Subdivision MDA-13-001; PP-13-002; PS-13-002
PAGE 9
Exhibit A.3: Proposed Preliminary Plat -Revised (stamped & signed by Benjamin Thomas 3/19/13)
M ~` ara
rr•r .rr~~ .r,....,s. j
.u..rrr err r.r~ w~~ s~-wsr a w
MrM1MM~ 1~ ~r~_~
f/NYYY IVrfr ®r {^:Q
~ is
a~fwwf.
~"'~ ~D,-
,~
rilai,mYi`
' ..a......,.. d i
`
~ a,.~.eo
a
w
S . i
C+?NM~OrJFS456~bR.8T(X!/TFALNYILIM'7S LMEftW[iGJESf/.4CIdBi8T0!'l.1nFF
AI
BAAYTS fMJ[MiFYL. LIUY
Y
811171. tAit dt11TjPJNO a1IlTjltXt
Y f.m
f ~ ! S a J
5 a
d/VFY, . CRMaMT71pM ~1, ~.-
a a lnvmw
~ ~ .~,,,.,,..w....,.f.~.,.. ,...~ .a.M..,K.~.R,f..~ ~~p~9
.w Y CIS NV.lawN>.~W nFMFr/
"ice%~_ ~.srNP ~'1..o...rv~..~..cx 2iy
~ 3 m..,......»,em >~a.w......w»...,... ~....w.m..,~
s ra 3
~~~ a...a,m.n u„ev.wi°:wm w °,~..rw 'Imii:waour
fL r ,!
!
. f CgNOff AYM /~ ``
' ro Y i9 a+nw~ms.V rro .r...r. r+r
~ • C i0 a~ _ ~ ~.e, rr.rr .r
JNV al.'sS UL nwsdaS frr fr rrn~u. i~w~.tie
l nnr+raw.as r M . Mfr
•Nf.. fuss ~aMSa~W VYJYw .wrfrwf. ti.~M
wlMYegs~.RAeristi
l1~~
(SN~RT/N B/UU. Sll8r7~MS/OtNE PHASE ~j
vht
Bellabrook Subdivision MDA-13-001; PP-13-002; PS-13-002
PAGE 10
Exhibit A.4: Proposed Landscape Plan
I I `
~ ( ,.,,,,N ,• ,..
' ~ r wrr o •~•N Ilw•!N tl
~ ~M ~
~•r~ •a•r 8
~~~ ~
~ ~ aa•wu• i `~ fl
~~ ~~`~ • s
• ~ ~ ~ •~ ~ l•Nlla~l«~~YM t~lM
• _~~ KAII-~OI~W ~+uY•~urrr.
~ ~ •
+ , ~ •
s~r•r • I `/,~lpl ~AT ~ ~ ~ ~~ ~ • Y •w ~•~rN rr~
MW~~~ -M•••Y
Y ••Y1~1~IO ~rl ~1~.IYi
-- - - -- --J ....
r rr.•r ~r i~-.Mr {•
_ _ 11.1 O14•MinIMIA I ~ d
__ ~r •••~1•rY•Nr~/••1M••••N+ItiYI••Illnl•Iw.N
1 MrYYU•Y•NrN•rrt~•!••Y!
~~7ii~rrr tt
..r... w••.~r.•+.•w ~ C
err ~u
~ `
' ri ~• • r .. ~~
~~ +wrNnM1M~+~.I w~••r
~i ~ ~'
'iX"~ r~arr
x •~iw.w
w~••rYM•N•~i/I•••• . a•.•••an,•rr ~C ~
Bellabrook Subdivision MDA-13-001; PP-13-002; PS-13-002
PAGE 11
-- - - ----- -- --- ------ ~~s: ~a~ ~
t j ( . ! ~ ! ~ ! s !p~ -~ 1 ms's '•1•:..-~'. ., :;~~~'` ..:,,E,.,' ~~ =• ~®~
~. '~ ~ „ '
~. s '~
wQ- ~ x J p
~ , It_ 9
I
.~
~ r ••~ ,~ -.~,
w n
- ----------~----1----~----r-----~----~----~--
~, PR[-PLAT - L,A#OSC~APE PLAN
~~~
b~3
~~
__ lwi...w~.
Oi1'$fL ..0~ i~'~i~i i i ~,.~
Bellabrook Subdivision MDA-13-001; PP-13-002; PS-13-002
PAGE 12
'` ~;~
,~
'~' ' i
r -------\----------J
Exhibit A.S: Conceptual Building Elevations
Photo Similar
Photo Simil®r
~~e, ~r etl „G~,,~~vN~ ;,
Photo Similar
Beflabrook Subdivision MDA-13-001; PP-13-002: PS-13-002
PAGE, 13
B. Agency & Department Comments/Conditions
1. PLANNING DEPARTMENT
1.1 Site Specific Conditions of Approval
1.1.1 Prior to City Engineer signature on the final plat, the applicant shall obtain City Council approval
of a public pedestrian easement for the segment of the 10-foot wide multi-use pathway along the
east side of the Five Mile Creek shown on the plat.
1.1.3 The applicant or owner shall provide documentation of a binding contract that establishes the
party or parties responsible for the repair and maintenance of the private street, including
regulations for the funding thereof in accord with UDC 11-3F-3B.
1.1.4 Approval of the subject preliminary plat is contingent upon the developer obtaining ACHD's
approval for the conversion of the existing private street (E. Kalispell Street) to a public street;
and for the private street connection to a local public street.
1.1.5 The developer shall install a gate near the ends of the private streets (S. Truss Ln. and S. Torino
Ln.) where the private streets connect to the public street (Kalispell) in accord with the standards
listed in UDC 11-3F-4A4 as required by UDC 11-3F-SD.
1.1.6 Upon tentative approval of the private street application by the Director, the applicant shall have
one year to complete the tasks listed in UDC 11-3F-3B and gain final approval of the application.
1.1.7 The existing 6-foot tall closed vision vinyl fence around a portion of the perimeter of the common
area on Lot 9, Block 1 that is owned by adjacent,property owners is allowed to remain_~e
n~aIloEed-nth; the new fencing installed around the remainder of the common area shall be either
a 4-foot tall closed vision fence or 6-foot tall open vision fence in accord with UDC 11-3A-7A.7.
1.2 General Conditions of Approval
1.2.1 Comply with all bulk, use, and development standards of the R-15 zoning district listed in UDC
Table 11-2A-7.
1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets.
1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set
forth in UDC 11-3A-6.
1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-
15, UDC 11-3B-6 and MCC 9-1-28.
1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17 and 11-3F-4B.2c.
1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-SJ.
1.2.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6
for single-family dwellings.
1.2.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B-
7C.
1.2.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-
11 C.
Bellabrook Subdivision MDA-13-001; PP-13-002; PS-13-002
PAGE 14
1.2.10 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3,
including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements,
blocks, street buffers, and mailbox placement.
1.2.11 Protect any existing trees on the subject property that are greater than four-inch caliper and/or
mitigate for the loss of such trees as set forth in UDC 11-3B-10.
1.2.12 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle.
1.3 Ongoing Conditions of Approval
1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets
the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth
in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14.
1.3.2 All common open space and site amenities shall be maintained by an owner's association as set
forth in UDC 11-3G-3F1.
1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of
approval associated with this site.
1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a
minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the
area.
1.3.5 The applicant shall have an ongoing obligation to maintain all pathways.
1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set
forth in UDC 11-3A-11.
1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping
and constructed features within the clear vision triangle consistent with the standards in UDC 11-
3A-3.
1.4 Process Conditions of Approval
1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the
applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3
Article D and receive approval for such signs.
1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth
in UDC 11-SC-3B. A surety agreement may be accepted for other improvements in accord with
UDC 11-SC-3C.
1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary
plat as set forth in UDC 11-6B-3C2.
1.4.4 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the
City Engineer signature on a final plat within two years; or 2) gain approval of a time extension
as set forth in UDC 11-6B-7.
1.4.5 Upon installation of the landscaping and prior to inspection by Planning Department staff, the
applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A.
1.4.6 At such time that the multi-use pathway connects from one major street to another and is greater
than one-half mile long, the applicant may petition the City to assume maintenance
responsibilities.
Bellabrook Subdivision MDA-13-001; PP-13-002; PS-13-002
PAGE 15
2. PUBLIC WORKS DEPARTMENT
2.1 Site Specific Conditions of Approval
2.1.1 Sanitary sewer and water services were originally installed as part of the multi-family
development, and their locations may not comply with Public Works Standards for this proposed
development. Applicant shall be required to relocate, and or abandon existing services that are
not needed for service to the lots.
2.2 General Conditions of Approval
2.2.1 Sanitary sewer service to this development is available via existing mains within the
development.
2.2.2 Water service to this site is available via existing mains within the development.
2.2.3 The City of Meridian requires that pressurized irrigation 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, asingle-point
connection to the culinary water system shall be required. If a single-point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
signature on the final plat by the City Engineer.
2.2.4 Any existing irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting,
crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-
3A-6. Plans shall 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 can't be obtained, alternate plans shall be
reviewed and approved by the Meridian City Engineer prior to final plat signature.
2.2.5 Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
2.2.6 Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and
inspections (208)375-5211.
2.2.7 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,
fencing installed, drainage lots constructed, road base approved by the Ada County Highway
District and the Final Plat for this subdivision shall be recorded, prior to applying for building
permits.
2.2.8 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, etc., prior to signature on the final plat.
2.2.9 All development improvements, including but not limited to fencing, micro-paths, pressurized
irrigation and landscaping shall be installed and approved prior to obtaining certificates of
occupancy.
2.2.10 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
Bellabrook Subdivision MDA-13-001; PP-13-002; PS-13-002
PAGE 16
2.2.11 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
2.2.12 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.2.13 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.2.14 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.2.15 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
2.2.16 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least 1-foot above.
2.2.17 The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation district
or ACRD. The design engineer shall provide certification that the facilities have been installed in
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
2.2.18 At the completion of the project, the applicant shall be responsible to submit record drawings
per the City of Meridian AutoCAD standards. These record drawings must be received and
approved prior to the issuance of a certification of occupancy for any structures within the
project.
2.2.19 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public
roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights
shall be installed at developer's expense. Final design shall be submitted as part of the
development plan set for approval. Street lighting is required at intersections, corners, cul-de-
sacs, and at a spacing that does not exceed that outline in the Standards. The contractor's work
and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications
to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500
for information on the locations of existing street lighting..
2.2.20 The City of Meridian requires that the owner post to the City a performance surety in the amount
of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure
prior to final plat signature. This surety will be verified by a line item cost estimate provided by
the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Please contact Land Development Service for more information at 887-2211.
2.2.21 The City of Meridian requires that the owner post to the City a warranty surety in the amount of
20% of the total construction cost for all completed sewer, water and reuse infrastructure for
duration of two years. This surety will be verified by a line item cost estimate provided by the
owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Please contact Land Development Service for more information at 887-2211.
3. POLICE DEPARTMENT
3.1 The Police Department has concerns in regard to enforcement of no parking along the private
streets.
Bellabrook Subdivision MDA-13-001; PP-13-002; PS-13-002
PAGE 17
4. FIRE DEPARTMENT
4.1 No parking is allowed along the private streets. All drive aisles shall be posted as fire lanes
with no parking allowed. In addition, if a curb exists next to the drive aisle, it shall be
painted red (UDC 11-3F-4B.2).
5. REPUBLIC SERVICES
5.1 Republic Services has no comments related to this application.
6. PARKS DEPARTMENT
6.1 The applicant shall have an ongoing obligation to maintain all pathways.
6.2 The applicant shall design and construct the multi-use pathways consistent with the location and
specifications (Chapter 3) set forth in the Meridian Pathways Master Plan unless otherwise approved
by the Parks and Recreation Director.
6.3 At such time that the multi-use pathway along the east side of the Five Mile Creek connects from one
major street to another and is greater than one-half mile long, the applicant may petition the City to
assume maintenance responsibilities.
6.4 Construct the pathway and adjoining fencing and landscaping consistent with the standards as set
forth in UDC 11-3A-7A7 and 11-3B-12C respectively.
7. ADA COUNTY HIGHWAY DISTRICT
This application requires a public hearing and Commission action at ACHD to
accept the existing private street (Kalispell) as a public street. Staff has stated they
are in support of the request; however, if the developer cannot bring the existing
road up to current public street standards or if the Commission does not agree with
the staff recommendation, it could affect this plat going forward.
Bellabrook Subdivision MDA-13-001; PP-13-002; PS-13-002
PAGE 18
C. Required Findings from Unified Development Code
1. PRELIMINARY PLAT FINDINGS:
In consideration of a preliminary plat, combined preliminary and final plat, or short
plat, the decision-making body shall make the following findings:
a. The plat is in conformance with the Comprehensive Plan;
The Commission finds that the proposed plat is in substantial compliance with the
adopted and proposed Comprehensive Plan in regard to land use, transportation, and
circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff
Report for more information.
b. Public services are available or can be made available and are adequate to
accommodate the proposed development;
The Commission finds that public services already exist on this site; however they have
not been accepted for ownership and maintenance by the City of Meridian (See Exhibit B
of the Staff Report for more details from public service providers.)
c. The plat is in conformance with scheduled public improvements in accord with the
City's capital improvement program;
Because City water and sewer and any other utilities will be provided by the development
at their own cost, the Commission finds that the subdivision will not require the
expenditure of capital improvement funds.
d. There is public financial capability of supporting services for the proposed
development;
The Commission recommends Council rely upon comments from the public service
providers (i.e., Police, Fire, ACRD, etc.) to determine this finding. (See Exhibit B for
more detail.)
e. The development will not be detrimental to the public health, safety or general
welfare; and
The Commission is not aware of any health, safety, or environmental problems associated
with the platting of this property that should be brought to the Council's attention.
ACHD considers road safety issues in their analysis. The Commission recommends that
the Council consider any public testimony that may be presented to when determining
whether or not the proposed subdivision may cause health, safety or environmental
problems of which Staff is unaware.
2. PRIVATE STREET FINDINGS:
a. The design of the private street meets the requirements of this article;
Staff finds the private streets are depicted on the preliminary plat as a common lot within
the subdivision and connect to a local public street, E. Kalispell Street, which provides
access to the subdivision via S. Locust Grove Road. The Fire Department approves of the
private streets but has included a condition of approval that on-street parking not be
allowed. In summary, Staff finds the design of the private streets meet the requirements
listed in UDC 11-3F-4.
Bellabrook Subdivision MDA-13-001; PP-13-002; PS-13-002
PAGE 19
b. Granting approval of the private street would not cause damage hazard, or
nuisance, or other detriment to persons property, or uses in the vicinity;
Staff does not anticipate any hazard, nuisance or other detriment from the private streets
if they were constructed and are maintained in accord with the standards listed in UDC
11-3F-4.
c. The use and location of the private street shall not conflict with the comprehensive
plan and/or the regional transportation plan and;
The location of the private streets does not conflict with the Comprehensive Plan and/or
the regional transportation plan.
d. The proposed residential development (if applicable) is a mew or gated
development.
Staff finds that if the developer installs gates at the entrance to the private streets as
recommended, the proposed residential development will be consistent with this finding.