Bear Creek Estates Subdivision PP 99-010BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
Amended 09-14-00
IN THE MATTER OF THE
REQUEST FOR PRELIMINARY
PLAT FOR BEAR CREEK
ESTATES SUBDIVISION BY -
BEAR CREEK, LLC, MERIDIAN,
IDAHO
Case No. PP-99-010
AMENDED
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY
PLAT
The above entitled matter coming on regularly for public hearing before the
City Council on November 16, 1999, and continued to December 7, 1999, and
December 21, 1999, the Preliminary Plat Findings were brought before the City
Council at their January 4, 2000, meeting and tabled to January 18, 2000, the matter
was then re-noticed for public hearing to February 15, 2000 and tabled to March 7,
2000, again the matter was re-noticed for public hearing to April 4, 2000, at the hour
of 7:00 o'clock p.m., and appearing at the December 7, 1999, hearing were: Shari
Stiles, Planning and Zoning Administrator, Gary Smith, City Engineer, and Brad
Watson, Assistant to the City Engineer, appeared and testified, and appearing on
behalf of the Applicant were: Becky Bowcutt of Briggs Engineering, Inc., and Greg
AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY PLAT - BEAR CREEK, LLC. FOR
BEAR CREEK ESTATES SUBDIVISION (PP-99-OlO) - 1
Johnson of Bear Creek Development, LLC, and also appearing were affected property
owners: Carolyn Darrington, Joan Atkins and Wilford A. Critell the matter was
continued to December 21, 1999, at which time Gary Smith, City Engineer,
appeared and testified, and then appearing on behalf of the Applicant were: Becky
Bowcutt of Briggs Engineering, Inc., and Joanne Butler, and also appearing and
testifying were affected property owners: Chris Yerrington and Carol Lotherage, and
continued until February 15, 2000, and Shari Stiles, Planning and Zoning
Administrator, and Tom Kuntz, Parks and Recreation Director, appeared and
testified, and appearing on behalf of the Applicant was Becky Bowcutt of Briggs
Engineering, Inc., and appearing and testifying with comments or concerns were: Tim
Hepper and Greg Johnson, and continued to April 4, 2000, and appearing and
testifying was Wilford Critell, and the City Council having received a report from '
Shari Stiles, the Planning and Zoning Administrator, and the City Council having
received as part of the record of this matter the recommendation to City Council of
the Planning and Zoning Commission and the applicant having submitted the
Preliminary Plat Drawing designated as Lot 1 18.62 acres "City of Meridian Park" on
the Preliminary Plat, Bear Creek Estates Subdivision, Briggs Engineering, Inc., DWG,
Date: 06/01/99 ris, DWG No. 990211.PRE, Revision 11-11-99, Sheet PRE, for Bear
Creek Estates Subdivision, submitted for preliminary plat approval and which
AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY PLAT - BEAR CREEK, LLC. FOR
BEAR CREEK ESTATES SUBDIVISION (PP-99-010) - 2
application is herein received and adjudged by the City Council pursuant to Chapter
3 of Title 12 Meridian City Code. Therefore, the City Council makes the following
findings:
FINDINGS OF FACT
1. That the proposed plat is in conformance with the Comprehensive Plan
by reason of the fact that it lies within the existing Urban Area as defined in the
Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning
Analysis Comprehensive Plan and Map, adopted December 21, 1993 and in a
companion application the property is being considered for annexation and zoning as
Low Density Residential District (R-4), and requires connection to the Municipal
Water and Sewer System. [see Meridian City Code § 11-7-2 C.]
2. The preliminary plat is in conformance with the Comprehensive Plan
City of Meridian adopted December 21, 1993, Ordinance No. 629, for reasons as set
forth in Finding number 17 of the companion application for annexation and zoning
in Case No. AZ-99-010 which are herein adopted.
3. It:is determined that Urban Services can be made available to
accommodate the proposed development if the plat complies with the requirements
and conditions hereinafter set forth as conditions of preliminary plat approval.
4. The proposed plat is a continuity of the proposed development within
AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY PLAT - BEAR CREEK, LLC. FOR
BEAR CREEK ESTATES SUBDIVISION (PP-99-O10) - 3
the City's Capital Improvement Program and if the conditions which are requested
by the Planning and Zoning Administrator and the City Engineer and as proposed by
the developer as stated on the preliminary plat there will be public financial
capability of supporting services for the proposed development.
5. The development if built in accordance with the conditions and as
proposed, will not create health, safety or environmental problems and there have
been no specifics of any such concerns brought to the Council's attention.
6. It is found that portions of the Recommendations to City Council of the
Planning and Zoning Commission is reasonable and appropriate for the conditions of
approval of the preliminary plat as hereinafter set forth.
7. The applicant has submitted for consideration of this approval a
preliminary plat herein designated as: "Preliminary Plat, Bear Creek Estates
Subdivision", Briggs Engineering, Inc., DWG, Date: 06/01/99 ris, DWG No.
990211.PRE, Revision 11-11-99, Sheet PRE, for Bear Creek Estates Subdivision by
Bear Creek, LLC.
8. The property is approximately 150.79 acres in size. The property is
generally located east of Stoddard and south Overland Road in Meridian, Idaho.
9. The owner of record of the subject property is Theron Scott, Queenland
Acres, Inc. of 670 W. Victory, Meridian.
AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OE CONDITIONAL APPROVAL OF
PRELIMINARY PLAT - BEAR CREEK, LLC. FOR
BEAR CREEK ESTATES SUBDIVISION (PP-99-010) - 4
10.
11.
Transitional.
The Applicant is Bear Creek, LLC, of PO Box 344, Meridian, Idaho.
The subject property is currently zoned Ada County RT Rural
There is a pending application to annex and zone the subject property
Low Density Residential (R-4).
§ 11-7-2 C.
12.
The zoning of R-4 is defined in Meridian City Code
The proposed site of the subject property is east of Stoddard Road
south of Overland Road.
13. The subject property is within the city limits of the City of Meridian.
14. The entire parcel of the property is included within the Meridian Urban
Service Planning Area as the Urban Service Planning Area which is defined in the
Meridian Comprehensive Plan.
15. The Applicant proposes to develop the subject property in the following
manner: construction and development of 326 single family homes, 32 common lots,
1 Municipal park with an entire gross density of 2.37 residential units per acre.
16. There are no significant or scenic features of major importance that
affect the consideration of this application.
DECISION AND ORDER
Pursuant to the City Council's authority as provided in Meridian City
Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are
AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY PLAT - BEAR CREEK, LLC. FOR
BEAR CREEK ESTATES SUBDIVISION (PP-99-OIO) - 5
herein adopted,:
IT IS HEREBY ORDERED AND THIS DOES ORDER
1. The Preliminary Plat of the applicant as evidenced by "Preliminary Plat,
Bear Creek Estates Subdivision", Briggs Engineering, Inc., DWG, Date: 06/01/99 ris,
DWG No. 990211 .PRE, Revision 11-! 1-99, Sheet PRE, for Bear Creek Estates
Subdivision by Bear Creek, LLC, is hereby conditionally approved; and
2. The conditions of approval are as follows, to-wit:
Adopt the Ada County Highway District's Recommendations as follows:
2.1
Applicant shall dedicate 48-feet of right-of-way from the centerline of
Victory 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 permit (or other required permits), whichever occurs first.
2.2
Applicant shall dedicate 35-feet of right-of-way from the centerline of
Stoddard 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 permit (or other required permits) whichever occurs first.
2.3
Utility street cuts in new pavement less than five years old are not
allowed unless approved in writing by the District.
2.4
Applicant shall construct a non-circular turnaround at the terminus of
Silver Tip Way. Applicant shall provide District staff the written
approval of the emergency fire service for the area where the
development is located. Applicant shall submit a design of the
turnaround for review and approval by District staff.
2.5
Applicant shall construct Grizzly Drive off Stoddard Road between Lot
13, Block 14, and Lot 2, Block 19, approximately 1,250-feet north of
Victory Road. The road shall be designed with 21-foot street sections on
AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY PLAT - BEAR CREEK, LLC. FOR
BEAR CREEK ESTATES SUBDIVISION (PP-99-OlO) - 6
either side of a center median. The median shall be constructed a
minimum of 4-feet wide to total a minimum of a 100-square foot area.
Applicant shall dedicate 54-feet of right-of-way plus the additional
width of the median. Applicant shall coordinate the design of the
entrance with District staff.
2.6
Applicant shall construct Kodiak Drive off Stoddard Road between Lot
2, Block 14, and Lot 1, Block 8, (proposed city park), approximately
2,400-feet north of Victory Road. The road shall be designed with 21-
foot street sections on either side of a center median. The median shall
be constructed a minimum of 4-feet wide to total a minimum of a 100-
square foot area. The applicant will be required to dedicate 54-feet of
right-of-way plus the additional width of the median. Applicant shall
coordinate the design of the entrance with District staff.
2.7
Applicant shall construct Big Bear Drive off Stoddard Road between Lot
2, Block 1, and Lot 1, Block 8, (proposed city park), approximately
3,500-feet north of Victory Road. The road shall be designed with 21-
foot street sections on either side of a center median. The median shall
be constructed a minimum of 4-feet wide to total a minimum of a 100-
square foot area. The applicant will be required to dedicate 54-feet of
right-of-way plus the additional width of the median. Applicant shall
coordinate the design of the entrance with District staff.
2.8
Applicant shall construct Silver Tip Way off Stoddard Road between
Lot 15, Block 19, and Lot 27, Block 19, approximately 500-feet north of
Victory Road. Submit a slope and sight distance data for the proposed
roadway intersection for review and approval by District staff.
2.9
Applicant shall construct center turn lanes on Stoddard Road for the Big
Bear Drive, Kodiak Drive, and Grizzly Drive intersections. The turn
lanes shall be constructed to provide a minimum of 100-feet of storage
with shadow tapers for both the approach and departure directions.
Applicant shall coordinate the design of the turn lane with District staff.
2.10
Applicant shall construct a center turn lane on Overland Road for the
Overland Road/Stoddard Road intersection. The turn lane should be
constructed to provide a minimum of 100-feet of storage with shadow
AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY PLAT - BEAR CREEK, LLC. FOR
BEAR CREEK ESTATES SUBDIVISION (PP-99-OlO) - 7
2.11
tapers for both the approach and departure directions. Applicant shall
coordinate the design of the turn lane with District staff.
Applicant shall provide a stub street to the north property line located
between Lot 14 and 15, Block 10, approximately 1,200-feet east of
Stoddard Road. Reconfigure the Highridge Way/Cub Court intersection.
Applicant shall coordinate the design of the intersection and location of
the stub street with District staff.
2.12
2.13
2.14
Applicant shall extend Calderwood Street into the site, from the east
property line to Highridge Way as a 41-foot street section with curbs,
gutters, and 5-foot wide sidewalks. Direct lot or parcel access to this
roadway shall be prohibited. Notes of the access restrictions should be
noted on the final plat.
Applicant shall provide a stub street to the east property between Lot 2,
Block 15, and Lot 33, Block 7.
Applicant shall provide a stub street to the east property line, located
between Lots 44 and 45, Block 15, of the proposed subdivision.
Applicant shall coordinate the location of the stub Street with District
staff.
2.15
Applicant shall construct 5-foot wide concrete sidewalk on Stoddard
Road within 2-feet of the new right-of-way abutting the parcel
(approximately 4,700-feet) prior to District approval of a final.
Applicant shall coordinate the location and elevation of the sidewalk
with District staff.
2.16
Applicant shall construct 5-foot wide concrete sidewalk on Victory Road
within 2-feet of the new right-of-way abutting the parcel (approximately
1.400-feet) prior to District approval of a final plat. Applicant shall
coordinate the location and elevation of the sidewalk with District staff.
2.17
Applicant shall construct two knucldes within the site, one off Kodiak
Drive between Lots 11 and 14, Block 15, and another off Highridge
Way between Lots 2 and 5, Block 10. Applicant shall construct traffic
islands in the knucldes a minimum of 4-feet wide with a minimum area
AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY PLAT - BEAR CREEK, LLC. FOR
BEAR CREEK ESTATES SUBDIVISION (PP-99-010) - 8
of 100-square feet and designed to safely channel traffic. The roadway
around the traffic islands shall maintain a minimum of a 29-foot street
section. The designs shall be reviewed and approved by ACHD's
Planning and Development staff.
2.18
Applicant shall construct turnarounds at the terminus of Beartooth
Court, and at the southern terminus of Highridge Way. Applicant shall
construct traffic islands in the turnarounds a minimum of 4-feet wide
with a minimum area of 100-square feet and designed to safely channel
traffic. Maintain a minimum of a 29-foot street section around the
islands. The designs should be reviewed and approved by ACHD's
Planning and Development staff.
2.19
Construct ACHD approved turnarounds at the termini of Cub Court,
Beartooth Court, Alaska Court, and Bear Claw Place. Applicant shall
submit designs of the turnarounds for review and approval by District
staff.
2.20
Any proposed landscape islands/medians within the public right-of-way
dedicated by this plat shall be owned and maintained by a homeowners
association. Notes of this should be required on the final plat.
2.21
Unless otherwise approved, Applicant shall construct all public roads.
within the subdivision as 37-foot street sections with curb, gutter, and
4-foot wide concrete sidewalks within 50-feet of right-of-way.
2.22 The following street segments shall be designated as residential
collectors:
Kodiak Drive, between Stoddard Road and Beartooth Court.
Big Bear Drive, between Beartooth Drive and Stoddard Road.
Grizzly Drive, between Beartooth Drive and Stoddard Road.
ParMng shall be prohibited on these street segments. Applicant shall
Coordinate the signage plan with District staff.
2.23 Driveways to the city park shall be located off Big Bear Drive and
Kodiak Drive and aligned with Beartooth Avenue, to the north and
AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY PLAT - BEAR CREEK, LLC. FOR
BEAR CREEK ESTATES SUBDIVISION (PP-99-010) - 9
south respectively. The driveways shall be constructed as 24 to 30-foot
wide curb cut driveways.
2.24
The driveway into the parking area off Ice Bear Way shall be located 50-
feet from any public street intersection and constructed as a 24 to 30-
foot wide curb cut driveway. Applicant shall coordinate the location of
the driveway with District staff.
2.25
As required by District policy, restrictions on the width, number and
locations of driveways, shall be placed on future development of this
parcel.
2.26
Other than the access points specifically approved with this application,
direct lot or parcel access to Stoddard Road is prohibited. Lot access
restrictions, as required with this application, shall be stated on the final
plat.
2.27
Direct lot or parcel access to Victory Road is prohibited. Lot access
restrictions, as required with this application, shall be stated on the final
plat.
Adopt the Meridian Fire Department's Recommendations as follows:
2.28 All roads will be installed before building is started with appropriate
street name signs.
2.29 Common areas will need to be kept clean of trash and weeds.
2.30 No parldng of vehicles or trailers in cul-de-sacs or T-turnarounds.
Adopt the Central District Health Department's Recommendations as follows:
2.31
The Applicant's central sewage and central water plans must be
submitted to and approved by the Idaho Department of Health &
Welfare, Division of Environmental Quality.
2.32 Run-off is not to create a mosquito breeding problem.
AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY PLAT - BEAR CREEK, LLC. FOR
BEAR CREEK ESTATES SUBDIVISION (PP-99-OlO) - 10
2.33
Stormwater shall be pretreated through a grassy swale prior to discharge
to the subsurface to prevent impact to groundwater and surface water
quality.
2.34
The Engineers and architects involved with the design of the subject
project shall obtain current best management practices for stormwater
disposal and design a stormwater management system that prevents
groundwater and surface water degradation.
Adopt the Nampa & Meridian Irrigation District Recommendations as follows:
2.35 Requires all laterals and wasteways be protected.
2.35
2.36
All municipal surface drainage shall be retained on site.
If any surface drainage leaves the site, the Nampa & Meridian Irrigation
District must review drainage plans.
2.37
The Developer must contact the Nampa & Meridian Irrigation District
for approval before any encroachment or change of right-of-way occurs.
Developer must comply with Idaho Code § 31-3805.
Adopt the Planning and Zoning Administrator and Assistant City Engineer
Recommendations as follows:
2.38
Any existing irrigation/drainage ditches crossing the property to be
included in this project shall be tiled per City Ordinance 11-9-605.M.
Plans will need to be approved by the appropriate irrigation/drainage
district, or lateral users association, with written confirmation of said
approval submitted to the Public Works Department. No variances have
been requested for tiling of any ditches crossing this project.
2.39
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. Wells may be used for non-domestic purposes such as
landscape irrigation.
2.40 Applicant shall provide 5' wide sidewalks in accordance with City
AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY PLAT - BEAR CREEK, LLC. FOR
BEAR CREEK ESTATES SUBDIVISION (PP-99-OlO) - 11
Ordinance Section 1 1-9-606.B.
2.41
Applicant shall submit letter from the Ada County Street Name
Committee, approving the subdivision and street names. Applicant shall
make any corrections necessary to conform.
2.42 Applicant shall coordinate fire hydrant placement with the City of
Meridian Public Works Department.
2.43
Applicant shall indicate on the final plat map any FEMA Flood Plains
affecting the area being platted, and detail plans for reducing or
eliminating the boundary.
2.44
The Gravity sanitary sewer service to this site at the time of
development shall at this time include at the applicant's expense and in
accordance with specifications of the Public Works Department a lift
station to pump those portions of the subiect property designated to the
Black Cat drainage and all other portions as well into the Ten Mile
Drain, which will exist until a gravity sewer line can be extended and the
Black Cat Trunk is constructed to provide gravity flow to the
development. The applicant shall construct necessary improvements for
connections to the Ten Mile Trunk Line as required and in accordance
with the specifications of the Public Works Department in order to
connect the proposed developed to the Ten Mile Trunk which may
include parallel pipes, and the developer shall pay $1,500.00 per lot as
and for an assessment of a Black Cat Sewer Trunk Development Fee.
The Developer and the City shall enter into a "latecomers" agreement
wherein the cost of any capacity created by the Developer in the Ten
Mile Trunk Line above that necessary to accommodate this
development will be collected from any "latecomer" developments who
utilize that capacity. Said agreement shall have a term of 15 years.
2.45
Applicant has indicated a domestic well site on their preliminary plat
map. Further study will be required to determine the appropriate
location for a well site. Water service to this site will be via extensions of
existing mains installed in adjacent developments, as well as from the
new domestic well site within this development. Applicant will be
responsible to construct the water mains to and through this proposed
AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY PLAT - BEAR CREEK, LLC. FOR
BEAR CREEK ESTATES SUBDIVISION (PP-99-010) - 12
2.46
2.47
2.48
2.49
2.50
development. Subdivision designer to coordinate main sizing and
routing with the Public Works Department.
TWo-hundred-fifty- and 100-watt, high-pressure sodium streetlights will
be required at locations designated by the Public Works Department.
All streetlights shall be installed at subdivider's expense. Typical
locations are at street intersections and/or fire hydrants.
Applicant has indicated that the pressurized irrigation system within
this development is to be owned and maintained by the Nampa &
Meridian Irrigation District.
A detailed landscape plan for the common areas, including fencing
locations, pathways and types of construction, shall be submitted for
review and approval with the submittal of the final plat map. Careful
coordination with the Parks Director is required for any park area
proposed to be dedicated to public use. A letter of credit or cash surety
will be required for the improvements prior to signature on the final
plat. A decorative noncombustible fence will be installed along that
portion of Lot 1 that borders the other lots. No gates in the fence will
be allowed between Lot 1 and the bordering lots.
Permanent non-combustible fencing is to be installed along the common
area lot line for the Ridenbaugh Canal. Fencing is to be in place prior to
applying for building permits.
S. Beartooth Court, and S. Silvertip Way exceed the maximum cul-de-
sac length allowed by Meridian City Ordinance. Applicant has indicated
in their statements of development features that variance applications
will be filed for these two cul-de-sacs as well as noncompliance with
block length standards. To this date, no variance applications have been
filed.
2.51
The preliminary plat map shows a drainage facility located in the
proposed "City of Meridian Park." These facilities shall be relocated
within the public right-of-way of S. Ice Bear Way. Drainage to any
public park shall only be allowed as specifically approved in writing by
the Parks Director.
AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY PLAT - BEAR CREEK, LLC. FOR
BEAR CREEK ESTATES SUBDIVISION (PP-99-010) - 13
2.52
Indicate the easement width for the Kennedy Lateral. Lots backing up
to the Kennedy Lateral shall have their rear lot line set at the easement
line, unless an encroachment agreement is obtained from the Nampa &
Meridian irrigation District. If an encroachment is allowed, the rear lot
lines shall be set at the encroachment line.
2.53 The owners of Lot 1 will construct a park with a functional irrigation
system in accordance with the City Parks and Recreation Department
and Public Works Department specifications and seed the same into
grass and construct a parking lot on the east side of said park for said
park at the location designated in Preliminary Plat, Bear Creek Estates
Subdivision", Briggs Engineering, Inc., DWG, Date: 06/01/99 tis, DWG
No. 990211.PRE, Revision 11-11-99, Sheet PRE, which is shown as
18.62 Acres "City of Meridian Park" therein, upon acceptance by City
of said park. The owners of this Lot 1 have indicated their desire to
donate this Lot 1 to the public as a park.
t_~~ion of the City Council at its regular___meeting held on the 2tg~-~k'day of
BY_~ERT-D. coRRI~
Mayor, City of Meridian
Departmeflt and City Attorney.
~'~ty' Clerk · o'
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Dated: 6
ZAWork~eridian 15360~ear Creek~PFin~ng~ended091400
AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY PLAT - BEAR CREEK, LLC. FOR
BEAR CREEK ESTATES SUBDIVISION (PP-99-010) - 14