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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