HomeMy WebLinkAboutTiburon Meadows Subdivision PP-04-016
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
CIC 07/06/04
IN THE MATTER OF THE
REQUEST FOR PRELIMINARY
PLAT FOR TIBURON MEADOWS
SUBDIVISION FOR 46 BUILDING
LOTS AND 1 COMMON LOT ON
10.69 ACRES LOCATED AT 1450
AND 1460 TEN MILE ROAD,
APPROXIMATELY YI MILE
SOUTH OF THE SOUTHEAST
INTERSECTION OF TEN MILE
ROAD AND CHERRY LANE,
MERIDIAN, IDAHO
Case No. PP-04-016
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY
PLAT
BY: TffiURON MEADOWS, LLC,
APPLICANT
The above entitled matter corning on regularly for public hearing before the City Council
on July 6, 2004, and Brad Hawkins-Clark for the Planning and Zoning Department, and Ron
Sargent, appeared and testified, and the City Council having received a report trom Wendy
Kirkpatrick for the Planning and Zoning Department, and Bruce Freckleton, Engineering
Technician III, and the City Council having received as part of the record ofthis matter the
recommendation to City Council of the Planning and Zoning Commission and the Preliminary
Plat "PRELIMINARY PLAT SHOWING TffiURON MEADOWS SUBDIVISION, A
PROPOSED MIXED USED (RESIDENTIAL AND COMMERCIAL) SUBDIVISION
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDmONAL APPROVAL OF PRELIMINARY PLAT
TIBURON MEADOWSN SUBDMSIONI (pP-O4-0l6)
Page 1 of17
LOCATED IN A PORTION OF THE NW \Ii OF THE NW \Ii SECTION 11, T3N, RlW, B.M.
MERIDIAN, ADA COUNTY, IDAHO APRIL 15 2004, TITLE: TffiURON MEADOWS
SUBDIVISION PRELIMINARY PLAT, REV. A, DESIGNED BY: JTL, DRAWN BY: JTL,
CHECKED BY: LBW, SHEET PI, DRAWING # 1589-04, PROJECT # 04025, REVISIONS:
NO. A BY LBW DATE 04/15/04, HANDWRITTEN DATE: 04/15/2004,
OWNERfDEVELOPER: TIBURON MEADOWS, LLC., TREASURE VALLEY
ENGINEERS", Tiburon Meadows, LLC, Developer, submitted for preliminary plat approval and
which preliminary plat for approval application is herein received and adjudged by the City
Council pursuant to Meridian City Code § 12-3-3. Therefore the City Council makes the
following findings:
FINDINGS OF FACT
1.
That the proposed development is in conformance with the Amended
Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in
the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis
Amended Comprehensive Plan Map, adopted August 6, 2002, Resolution No. 02-382, and the
property is presently zoned R-4, however, an application for re-zoning to R-4, R-8 and L-O is
before the Council, and requires connection to the Municipal Water and Sewer System.
[Meridian City Code § 11-7-2 C, D and G]
2.
The preliminary plat is in conformance with the Amended Comprehensive Plan
City of Meridian adopted August 6, 2002, Resolution No. 02-382. It is found that the
subdivision appears to be in conformance with the Comprehensive Plan.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDmONAL APPROVAL OF PRELIMINARY PLAT
TIBURON MEADOWS SUBDMSIONI (pP-O4-016)
Page 2 of17
3.
It is determined that the proposed residential component ofthe subdivision appears to
be in conformance with the Comprehensive Plan, as the request for planned development has been
granted. It is found that the 2002 Comprehensive Plan Future Land Use Map designates the
proposed residential lots of the subject property as "Public I Quasi-Public." While the
Comprehensive Plan Future Land Use map does not explicitly support the proposed zone change it is
found that there is a strong argument that the Comprehensive Plan policies do support the proposed
zone change.
A key component of this argument is the relative flexibility of Meridian's
Comprehensive Plan (quoted below) as described in Chapter I, Section B of the Comprehensive
Plan.
"The Meridian Comprehensive Plan is an official policy guide for decisions
concerning the physical development of the community. It indicates, in a general way, how the
community may develop in the next five to ten years."
Furthermore, in Chapter VII, Section C Future Conditions states the following:
"Figure VII-2 [The Comprehensive Land Use Map] depicts desired future land use categories
and their location within the Impact Area. The areas depicted on the map are conceptual and,
therefore, will require further analysis prior to the creation of a zoning map."
While the proposed zone change does not explicitly comply with the "Publici Quasi-
Public" designation, upon further analysis, it is found that the proposed zone change does fit with the
residential development patterns of the surrounding area and it would be appropriate to extend the
Medium Density Residential designation to this property. The subject property is surrounded by
residential subdivision to the west and to the south. It is found that the proposed rezone of a parcel
located adjacent to property zoned as residential, meets the intent of the Comprehensive Plan for the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDmONAL APPROVAL OF PRELIMINARY PLAT
TIBURON MEADOWS SUBDIVISIONI (pP-O4-0 16)
Page 3 of 17
future development ofthe area.
Proposed L-O zonm!! for existin!! residence
While the proposed rezone complies with the Comprehensive Plan designation of Mixed-Use
Community, the existing residential uses do not comply with the L-O zoning designation,
and there is no indication when the residential uses will end. Single family residential
development is prohibited in the L-O zone and approval of the rezone to L-O would create a
non-conforming use. Additionally, Meridian's Strategic Plan lists reducing non-conforming
uses as a Strategic Plan goal. Although Staff is generally supportive of the L-O zoning in
this location, the timing is not appropriate.
Recommended L-O 20nm!! for existin!! church
The existing church parcels (lots 40 and 41 of the proposed subdivision) are currently zoned
R-4. The existing church is currently a nonconforming use in the R-4 zone and it is
recommended that the applicant rezone the property to L-O to bring the property into
conformance with City Code. If the property is not rezoned with the current applications, the
applicant will be required to obtain conditional use approval before any improvements or
new buildings can be added to the church property. Conditional use approval is required for
the expansion of a non-conforming use.
4.
The proposed development is a continuity of the proposed development within the
City's Capital Improvement Program and if the conditions, which are requested by the Planning
and Zoning Administrator and the Engineering Technician III, and as proposed by the developer
as stated on the preliminary plat, there will be public financial capability of supporting services
for the proposed development.
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. It is found that the subdivision will not conflict with
the capital improvement plan. This is an infill development. Because the developer is installing
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDmONAL APPROVAL OF PRELIMINARY PLAT
TIBURON MEADOWS SUBDMSIONI (pP-O4-016)
Page 4 of17
sewer, water, local street infrastructure, utilities and irrigation, the subdivision will not require
the expenditure of capital improvement funds. It is found that the requested uses will not create
excessive additional requirements at public costs for public facilities and services. The proposed
development is accessed off of existing public streets and the developer will pay for the
extension of public services to the subject property. Additionally, it is found that the proposed
rezone would not be detrimental to the economic welfare of the community.
6.
It is found that the development will not require major expenditures for providing
supporting services. It is found that the requested uses will not create excessive additional
requirements at public costs for public facilities and services. The proposed development is
accessed off of existing public streets and the developer will pay for the extension of public
services to the subject property. Additionally, it is found that the proposed rezone would not be
detrimental to the economic welfare of the community. It is found that there should not be any
other health, safety or environmental problems associated with this subdivision. ACHD has not
stated that there are road safety issues in their analysis; no hazardous natural features have been
identified on the site.
7.
It is found that the Recommendation To City Council of the Planning and Zoning
Commission is reasonable and appropriate for the conditions of approval of the preliminary plat
as hereinafter set forth.
8.
The applicant has submitted for consideration ofthis approval drawing ofthe
preliminary plat herein designated as "PRELIMINARY PLAT SHOWING TIBURON
MEADOWS SUBDIVISION, A PROPOSED MIXED USED (RESIDENTIAL AND
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
TIBURON MEADOWS SUBDIVISIONI (pP-O4-016)
Page 5 of17
COMMERCIAL) SUBDIVISION LOCATED IN A PORTION OF THE NW \Ii OF THE
NW \Ii SECTION 11, T3N, Rl W, B.M. MERIDIAN, ADA COUNTY, IDAHO APRIL 15
2004, TITLE: TIBURON MEADOWS SUBDIVISION PRELIMINARY PLAT, REV. A,
DESIGNED BY: JTL, DRAWN BY: JTL, CHECKED BY: LBW, SHEET PI, DRAWING #
1589-04, PROJECT # 04025, REVISIONS: NO. A BY LBW DATE 04/15/04,
HANDWRITTEN DATE: 04/15/2004, OWNERfDEVELOPER: TIBURON MEADOWS,
LLC., TREASURE VALLEY ENGINEERS".
DECISION AND ORDER
Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted:
IT IS HEREBY ORDERED AND THIS DOES ORDER
1.
The Preliminary Plat of the applicant as evidenced by having submitted the
Preliminary Plat "PRELIMINARY PLAT SHOWING TIBURON MEADOWS SUBDIVISION,
A PROPOSED MIXED USED (RESIDENTIAL AND COMMERCIAL) SUBDIVISION
LOCATED IN A PORTION OF THE NW \Ii OF THE NW \Ii SECTION II, T3N, RIW, B.M.
MERIDIAN, ADA COUNTY, IDAHO APRIL 15 2004, TITLE: TIBURON MEADOWS
SUBDIVISION PRELIMINARY PLAT, REV. A, DESIGNED BY: JTL, DRAWN BY: JTL,
CHECKED BY: LBW, SHEET PI, DRAWING # 1589-04, PROJECT # 04025, REVISIONS:
NO. A BY LBW DATE 04/15/04, HANDWRITTEN DATE: 04/15/2004,
OWNER/DEVELOPER: TffiURON MEADOWS, LLC., TREASURE VALLEY
ENGINEERS", Tiburon Meadows, LLC, Developer is hereby conditionally approved; and
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
TIBURON MEADOWS SUBDMSIONI (pP-04-016)
Page 6 of17
2.
The conditions of approval are as follows to-wit:
A.
Adopt the Special Recommendations of the Planning and Zoning Commission as
follows:
1.
Add a note stating that the landscape buffer along Ten Mile Road needs to be 25'
in width.
Add all three special considerations listed in the staff report as Site Specific
Conditions.
2.
B.
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
SITE SPECIFIC COMMENTS - PRELIMINARY PLAT
1.
All landscaping will be required per the landscape plans submitted with the
application, with modifications as noted in the CUP section of this report. A 25'
landscape buffer must be depicted along Ten Mile Road; easement must be shown
on plat.
2.
Increase the frontage of Lots 10-11,23-24, and 29-30 to be a minimum of l5-feet
each, for a total of30-feet for a shared driveway.
3.
All conditions of the accompanying Conditional Use Permit application shall also be
considered conditions of the Preliminary Plat.
4.
Sanitary sewer and water service to this development shall be via mainline
extensions from the existing City of Meridian mains adjacent to the project.
5.
The applicant has indicated that the pressurized irrigation system within this
development is to be owned and operated by the Nampa & Meridian Irrigation
District.
Underground year-round pressurized irrigation must be provided to all lots
within this development (MCC 12-5-2.N). 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 shall be required to utilize any existing surface or well
water for the primary source. If a surface or well source is not available, a single-
point connection to the culinary water system shall be required. If a single-point
connection is utilized, the developer shall be responsible for the payment of
assessments for the common areas prior to signature on the final plat by the City
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDmONAL APPROVAL OF PRELIMINARY PLAT
TIBURON MEADOWS SUBDIVISIONI (pP-O4-016)
Page 7 of17
Engineer. If the system is to remain private, a draft copy of the pressurized
irrigation system O&M manual must be submitted prior to plan approval.
6.
The applicant shall be responsible for payment of and the actual physical sanitary
sewer and domestic water connection for the existing house.
7.
Existing home: Proposed Lot 1 has an existing detached garage and proposed Lot 2
has an existing house and attached garage. The garage on proposed Lot I is
considered to be an accessory use to the house on proposed lot 2 and cannot be
located on its own lot. The àetaeheà gtIfage wotlld not Be alia':. ed OR its awn lot iR
either ilie L 0 ar R 1 zoning cliskietG. Staff recommends that either the garage on
Lot I be demolished or that Lots I and 2 be combined into one lot. (Per action of
the City Council taken at their July 6,2004 meeting.)
8.
Secondary Emergency Access: The existing access point at the south end of the
subject property will be converted into an emergency access. The developer should
coordinate with Meridian's Fire Chief on the configuration of the emergency access.
9.
Staff has added a condition that requires a cross-access easement be established
between the proposed Lots 40 and 41 (the two church lots.)
10.
The Applicant's property encroaches 30 feet, including to the center line of the
Lateral, which is within the two buildable lots. Therefore, the Applicant shall be
required to obtain an Encroachment Agreement with the Nampa & Meridian
Irrigation District, for this 30 foot encroachment into the Eight Mile Lateral. This
agreement would allow the Homeowners Association access to the Eight Mile
Lateral which is not piped. (Per action of the City Council taken at their July 6,2004
meeting.)
GENERAL COMMENTS-PRELIMINARY PLAT
2.
3.
1.
Please submit a copy of the Ada County Street Name Committee's approval letter
for the subdivision name. Make any corrections necessary to conform.
A letter of credit or cash surety in the amount of 110% will be required for all
fencing, landscaping, play equipment, pressurized irrigation, sanitary sewer, water,
etc., prior to signature on the final plat.
Sidewalks within the proposed subdivision shall be built in accordance with
MCCI2-l3-10-8.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDmONAL APPROVAL OF PRELIMINARY PLAT
TIBURON MEADOWS SUBDIVISIONI (pP-04-O16)
Page 8 of 17
4.
Any tree over 4" in caliper that is removed ITom the property shall be replaced by
installing additional trees, being the equivalent number of caliper inches of trees
that were removed. Required landscaping trees will not be considered as
replacement trees for those trees that are removed.
5.
Developer shall coordinate mailbox locations with the Meridian Post Office.
6.
Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8.
Wells may be used for non-domestic purposes such as landscape irrigation.
7.
Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
8.
250 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. Final design locations and quantity are determined after power designs are
completed by Idaho Power Company. The street light contractor shall obtain design
and permit from the Public Works Department prior commencing installations.
9.
All 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 City Ordinance 12-4-13. Plans will need to be approved by the appropriate
irrigation/drainage district, or lateral users association (ditch owner's), with written
approval or non-approval submitted to the Public Works Department. If lateral
users association approval can't be obtained, plans will be reviewed and approved
by the meridian City Engineer prior to final plat signature.
10.
Please submit all updated groundwaterlsoils monitoring data to the Public Works
Department for review. All drainage areas (detention/retention basins) must be
designed to ensure that water is retained only during 1 DO-year storm events, and for
a period of time not to exceed 24 hours. Side slopes within drainage areas shall not
exceed 3: I. The project engineer should pay close attention to the results offield
studies determining the groundwater, soil type & and characteristics during the
design and construction phases. The engineer shall be required to certify that the
street centerline elevations are set arninirnum of3-feet above the highest established
normal groundwater elevation.
11.
The engineer shall be required to certify that the street centerline elevations are set a
minimum of 3-feet above the highest established normal groundwater elevation.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
TIBURON MEADOWS SUBDIVISIONI (pP-04-016)
Page 9 of17
12.
C.
This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-
foot above groundwater.
Compaction test results must be submitted to the Meridian Building Department for
all building pads receiving engineered backfill, where footing would sit atop fill
material.
Adopt the Recommendations ofthe Meridian Fire Department as follows:
1.
One and two family dwellings will require a fire-flow of 1,000 gallons per minute
available for duration of 2 hours to service the entire project. Fire hydrants shall be
placed an average of 400' apart. Intemational Fire Code Appendix D
2.
Final approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot
aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each side
of the hydrant location.
e. Fire Hydrants shall be placed on corners.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
3.
All entrance and internal roads shall have a turning radius of 28' inside and
48' outside radius.
4.
Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
5.
To increase emergency access to the site a minimum of two points of access will be
required for any portion of the project, which serves more than 50 homes. The two
entrances shall be separated by no less than YI the diagonal measurement of the
project.
6.
The roadways shall be built to Ada County Highway Standards and shall have a
clear driving surface, available at all times, which is 20' wide. Streets with less than
a 29' street width shall have no parking. Streets with less than 33' shall have
parking only on one side.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
TIBURON MEADOWS SUBDMSIONI (pP-O4-016)
Page 10 of17
D.
1.
2.
3.
4.
5.
7.
Commercial and office occupancies will require a fire-flow consistent with the
International Fire Code to service the proposed project. Fire hydrants shall be
placed an average of300' apart.
8.
The proposed 42-lot subdivision with an estimated 2.9 residents per household would
have a total estimated population of 122 residents at build out.
9.
The proposed officefcommerciallots lot will have an unknown transient population
and will have an unknown impact on Meridian Fire Department call volumes. The
Meridian Fire Department has experienced 2397 responses in the year 2003.
According to a report completed by Fire & Emergency Services Consulting Group our
requests for service are projected to reach 2800 in the year 2005 and 3800 by the year
2010.
10.
Maintain a separation of 5' ITom the building to the dumpster enclosure.
11.
All portions of the buildings located on this project must be within 150' of a paved
surface.
12.
Provide exterior egress lighting as required by the International Building & Fire
Codes.
Adopt the Recommendations of Central District Health Department as follows:
This proposal can be approved for central sewage & central water after written
approval from appropriate entities is submitted.
The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of Environmental
Quality.
Run-off is not to create a mosquito breeding problem.
Stormwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
The Engineers and architects involved with the design ofthe subject project shall
obtain current best managernent practices for stormwater disposal and design a
stormwater management system that prevents groundwater and surface water
degradation.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
TIBURON MEADOWS SUBDIVISIONI (pP-O4-016)
Page 11 of17
E.
Adopt the recommendations of the Ada County Highway District as follows:
Site Specific Conditions of Approval
1.
Dedicate a total of 48-feet of right-of-way from the centerline ofTen Mile Road
abutting the parcel by means of a warranty deed. The right-of-way purchase and
sale agreement and deed must be completed and signed by the applicant prior to
scheduling the final plat for signature by the ACHD Commission or prior to
issuance of a building permit (or other required permits), whichever occurs first.
Allow up to 30 business days to process the right-of-way dedication after receipt
of all requested material. The owner will be paid the fair market value of the
right-of-way dedicated which is an addition to existing ACHD right-of-way if the
owner submits a letter of application to the impact fee administrator prior to
breaking ground, in accordance with the ACHD Ordinance in effect at that time
(currently Ordinance #198), if funds are available.
2.
Construct a 5-foot concrete sidewalk abutting the site on Ten Mile Road OR
provide a road trust deposit to the District for the cost of the sidewalk. The
approximate cost of the road trust deposit would be $7,440. The face of the
sidewalk should be located a minimum of 41-feet ITom the centerline ofTen
Mile Road.
3.
Construct W. Sheryl Street to intersect Ten Mile Road approximately 150-feet
south of the north property line (measured property line to centerline), as
proposed.
4.
W. Sheryl Street shall be constructed as a 40-foot street section with curb, gutter,
and 5-foot concrete sidewalks within 54-feet of right-of-way ITom Ten Mile
Road approximately 260-feet into the site (which is the east property boundaries
for Lot 2 and Lot 40, Block 1).
5.
Construct the following internal streets as 33-foot street sections with rolled curb,
gutter and 5-foot attached concrete sidewalks within 42-feet of right-of-way: N.
Victor Ave., W. Santa Clara Drive, N. Tiburon Way, the easterly 300-feet ofW.
Sheryl Street. The applicant should provide the District with an easement for the
sidewalk that extends outside of the right-of-way. If the applicant would like to
have parking on both sides of the roadway, the applicant should submit a letter
ITom the appropriate fire District allowing parking to remain on both sides of the
roadway.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
TIBURON MEADOWS SUBDIVISIONI (pP-O4-O16)
Page 12 of17
6.
Locate the driveways for the church and the future commercial uses shall be
located on W. Sheryl Street a minimum of 50-feet from the intersection ofTen
Mile and W. Sheryl Street.
7.
Utilize the southern church driveway, located 17- feet north of the south property
line, on Ten Mile Road, as an ernergency access only. Install "Emergency
Access Only" signage beside the driveway, and install bollards or some other
barrier acceptable to the local fire department to prevent regular vehicular access.
8.
Other than W. Sheryl Street and the emergency access, no additional access
points to Ten Mile Road are approved with this application.
9.
Comply with all Standard Conditions of Approval.
Standard Conditions of Annroval
1.
Any existing irrigation facilities shall be relocated outside of the right-of-way.
2.
All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
3.
Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4.
Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at
387-6258 (with file numbers) for details.
All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State ofIdaho shall
prepare and certify all improvement plans.
5.
6.
The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required
design changes.
7.
Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
TIBURON MEADOWS SUBDMSIONI (pP-O4-016)
Page 13 of17
F.
8.
Payment of applicable road impact fees are required prior to building
construction in accordance with Ordinance #198, also known as Ada County
Highway District Road Impact Fee Ordinance.
9.
It is the responsibility ofthe applicant to verify all existing utilities within the
right-of-way. The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
10.
No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County Highway
District. The burden shall be upon the applicant to obtain written confirmation of
any change from the Ada County Highway District.
11.
Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force
at the time the applicant or its successors in interest advises the Highway District
of its intent to change the planned use of the subject property unless a
waiverlvariance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as
follows:
1. The District requires a Land Use Change Application to be filed for
review prior to final platting.
2. All laterals and waste ways must be protected. The District's Eight Mile
Lateral courses through the southwest corner of this proposed project.
This easement must be protected and any encroachment without a signed
License Agreement and approved plans, before any construction is
started, is unacceptable.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
TIBURON MEADOWS SUBDMSIONI (pP-O4-016)
Page 14 of17
G.
3. All municipal surface drainage must be retained on site. If any municipal
surface drainage leaves the site, the District must review drainage plans.
The developer must comply with Idaho Code 31-3805.
Adopt the action of the City Council taken at their July 6,2004 meeting as follows:
For clarification:
1.
The Applicant has spoken with Joe Silva of the Meridian Fire Department,
and pertaining to the church's two points of access, and in particular, the
southern access shall be required to become an emergency access only.
Therefore, a three to four foot high gate, which shall be approved by the
Meridian Fire Department, shall be provided for use by emergency vehicles
only.
2.
The Applicant's property encroaches 30 feet into the District's easement,
including to the center line of the Lateral, which is within the two buildable
lots. Therefore, the Applicant shall be required to obtain an Encroachment
Agreement with the Nampa & Meridian Irrigation District, for this 30 foot
encroachment into the Eight Mile Lateral. This agreement would allow the
Homeowners Association access to the Eight Mile Lateral which is not
piped. (Added as a new number 10. under SITE SPECIFIC COMMENTS-
PRELIMINARY PLAT hereinabove, as per action of the City Council taken
at their July I, 2004 meeting.)
3.
Option for the Applicant: Option 1) The garage on Lot I shall be
demolished, or Option 2) Lot I and Lot 2 shall be combined into one lot.
(See SITE SPECIFIC COMMENTS - PRELIMINARY PLAT number 7.
hereinabove, as per action of the City Council taken at their July I, 2004
meeting.)
4.
The L-O zoning lots consist of three (3) lots in the southerly portion of
the property. Two of the lots are located where the existing church is
presently and which incorporates the majority of the L-O zoning, and the
third lot fronts onto Ten Mile Road.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
TIBURON MEADOWS SUBDMSIONI (pP-O4-0l6)
Page150fl7
NOTICE OF FINAL ACTION
AND RIGHT TO REGULA TORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner
may request a regulatory taking analysis. Such request must be in writing, and must be
filed with the City Clerk not more than twenty-eight (28) days after the final decision
concerning the matter at issue. A request for a regulatory takings analysis will toll the
time period within which a Petition for Judicial Review may be filed.
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has
an interest in real property which may be adversely affected by this decision may, within
twenty-eight (28) days after the date of this decision and order, seek a judicial review as
provided by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the 27-{1...
day of J~- ,2004. -
ROLL CALL:
COUNCILMAN SHAUN WARDLE
VOTED-þ
COUNCILMAN BILL NARY
VOTED tl6~
COUNCILMAN CHARLIE ROUNTREE
VOTED $"-
VOTED -$
COUNCILMAN KEITH BIRD
MAYOR TAMMY deWEERD
VOTED-
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
TIBURON MEADOWS SUBDIVISIONI (pP-O4-0 16)
Page 160f17
(TIE BREAKER)
~
Attest:
BY:,~AQ. -nM ~M-
lty Clerk's Office
Dated:
C('d-of
Z:\WorkIM\MeridianlMeridian 15360MITiburon Meadows Sub RZ-O~O7 PP-O~16 CUP-O4-O13\FtCIsOrdPP.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDmONAL APPROVAL OF PRELIMINARY PLAT
TIBURON MEADOWS SUBDMSIONI (pP-O4-016)
Page 17 0f17