HomeMy WebLinkAboutWoodside Creek Subdivision No. 2 PFP-04-006
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE REQUEST )
FOR PRELIMINARY/FINAL PLAT FOR)
RE-SUBDIVISION OF LOT 14, BLOCK 1 OF )
WOODSIDE CREEK SUBDIVISION NO.1)
INTO TWO BUILDING LOTS ON .32 ACRES)
IN A R-8 ZONE LOCATED AT 1115 NORTH)
TEN MILE ROAD, MERIDIAN, IDAHO )
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WOODSIDE PROPERTIES, LLC,
APPLICANT.
C/C 07/27/04
CASE NO. PFP-O4-006
FINDINGS OF FACT
AND
CONCLUSIONS OF LAW
AND ORDER OF
CONDITIONAL APPROVAL
OF PRELIMINARYIFINAL
PLAT
The above entitled matter coming on regularly for public hearing before the City Council
on May 4, 2004, and Anna Borchers Canning Planning Director, appeared and testified at the
hearing, and the City Council having received a report from 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 of this matter the recommendation to City Council ofthe
Planning and Zoning Commission and the applicant having submitted the Plat Drawing described
as follows, "PRELIMINARY PLAT WOODSIDE CREEK SUBDIVISION NO.2, A
RESUBDIVISION OF LOT 14, BLOCK 1 OF WOODSIDE CREEK SUBDIVISION NO.1
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARYIFINAL PLAT - WOODSIDE CREEK SUBDIVISION NO.2 - (pFP-O4-006)
PAGE 1 OF9
LYING IN NE \4 OF THE SE \4 OF NE \4 OF SECTION 10, T.3N., R.I W., B.M., MERIDIAN,
ADA COUNTY, IDAHO, DWG DATE: 04/06/05 KDH (notation: this should be an 04 year),
STAMPED DATE: APR 09 2004, HANDWRITTEN DATE: 4/9/04, DWG No. 40307, SHEET:
I OF 2 PREPLAT, \40307-PRE.DWG, WOODSIDE PROPERTIES LLC JEFFREY A. WOOD
-DEVELOPER, BRIGGS ENGINEERING INC. ATTN. KENT BROWN - PLANNER", Briggs
Engineering, Inc. submitted for preliminary/final plat approval, and which preliminary/final plat
application is herein received and adjudged by the City Council, pursuant to Meridian City Code,
Section 12-3. Therefore the City Council makes the following findings:
FINDINGS OF FACT
1.
That the proposed development 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
Amended Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis
Comprehensive Plan and Map, adopted August 6, 2002, Resolution No. 02-382, and the property
is presently zoned R-8 (Medium Density Residential District), and requires connection to the
Municipal Water and Sewer System. [see Meridian City Code, Section 11-7-2 D]
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 to be in conformance with the Comprehensive Plan. The Future Land Use Map
designates the property as Medium Density Residential. Existing zoning on the property is
Medium Density Residential (R-8). The subject plat is intended for residential development in
compliance with the Comprehensive Plan.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARYIFINAL PLAT - WOODSIDE CREEK SUBDIVISION NO.2 - (PFP-O4-006)
PAGE 2 OF 9
3.
It is found that public services are available to accommodate the proposed
development. All adjacent public roadways have been completed and accepted by ACHD.
Water and sewer services to both lots will be installed as part of the original subdivision
improvements along the proposed lot line within an existing utility easement and have been
accepted by the Public Works Department. The applicant has been working with the Public
Works Department to facilitate this lot split.
4.
It is found that the subdivision will not require the expenditure of capital
improvement funds. All required will be installed per the previous plat requirements. The
developer has already financed the extension of sewer, water, utilities and pressurized irrigation
to serve the project. The primary public costs to serve the future residents will be fire and police
services.
5.
It is found that the development will not require major expenditures for providing
supporting services. The developer has already financed the extension of sewer, water, utilities
and pressurized irrigation to serve the project. The primary public costs to serve the future
residents will be fire and police services.
6.
Staff is not aware of any health, safety or environmental problems associated with
this subdivision.
DECISION AND ORDER
Pursuant to the City Council's authority as provided in Meridian City Code,
Section 12-3-5 and based upon the above and foregoing Findings of Fact which are herein
adopted:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARYIFINAL PLAT - WOODSIDE CREEK SUBDIVISION NO.2 - (PFP-O4-006)
PAGE 3 OF 9
IT IS HEREBY ORDERED AND THIS DOES ORDER
1.
The Preliminary/Final Plat of the applicant as evidenced by "PRELIMINARY
PLAT WOODSIDE CREEK SUBDIVISION NO.2, A RESUBDIVISION OF LOT 14, BLOCK
I OF WOODSIDE CREEK SUBDIVISION NO. I LYING IN NE \4 OF THE SE ~ OF NE \4
OF SECTION 10, T.3N., R.lW., B.M., MERIDIAN, ADA COUNTY, IDAHO, DWG DATE:
04/06/05 KDH (notation: this should be an 04 year), STAMPED DATE: APR 09 2004,
HANDWRITTEN DATE: 4/9/04, DWG No. 40307, SHEET: 1 OF 2 PREPLAT, \40307-
PRE.DWG, WOODSIDE PROPERTIES LLC JEFFREY A. WOOD - DEVELOPER, BRIGGS
ENGINEERING INC. ATTN. KENT BROWN - PLANNER", has been submitted for
preliminary/final plat.
2.
The conditions of Staff pertaining to the Preliminary/Final Plat comments are as
set forth in the Memorandum to the Mayor and City Council from Wendy Kirkpatrick for
Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, dated:
Transmittal Date: P & Z Hearing Date: June 3, 2004, listing 6 Site Specific Comments -
Preliminary/Final Plat which consists of four pages, and which are listed below, along with the
additional requirements from the City Council from their meeting of July 27,2004, and the
requirements are as follows, to-wit:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
SITE SPECIFIC COMMENTS - PRELIMINARY/FINAL PLAT
1.
All landscaping will be required per the approved plans on the original plat (FP-04-014.)
The house currently located on proposed lots 19 and 20 must be relocated outside of the
required landscape buffer as required by the Woodside Creek final plat. Any incomplete
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARYIFINAL PLAT - WOODSIDE CREEK SUBDIVISION NO.2 - (PFP-O4-006)
PAGE 4 OF 9
2.
3.
1.
landscaping shall be bonded for prior to signature on the final plat.
2.
Sanitary sewer and water service to this development shall be via service line extensions
from the existing City of Meridian mains adjacent to the project.
3.
Pressurized irrigation within this development will be from the existing system that will be
installed as part of Woodside Creek No.1.
4.
This application is subject to the conditions of approval for the original plat (FP-04-014.)
5.
Show a common drive for lots 19 and 20 on the plat.
6.
Graphically depict 5-foot wide public utility, drainage and irrigation easements along the
north side of Lot 20, and the west side of Lot 19, as these are side lot lines adjacent to the
previously platted lots.
B.
Adopt the Recommendations of the ACHD as follows:
Site Specific Conditions of Approval
1.
Woodside Creek Subdivision phase 2 is proposing to access the public roadway system
through Woodside Creek Subdivision phase 1. Woodside Creek Subdivision (phase 1) has
not completed the roadway improvements therefore Woodside Creek Subdivision phase 2
does not have access to the public roadway system at this time. Due to the fact that
Woodside Creek Subdivision phase 1 has not completed the roadway improvements,
Woodside Creek Subdivision phase 2, preliminary plat shall be approved contingent upon the
improvements within Woodside Creek Subdivision phase 1 being constructed or a financial
surety in place for the construction of the roadways prior to the signature of the final plat for
Woodside Creek Subdivision phase 2.
Other than the access point(s) specifically approved with this application, direct lot or parcel
access to Ten Mile Road is prohibited. Lot access restrictions, as required with this
application, shall be stated on the final plat.
Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
Any existing irrigation facilities shall be relocated outside ofthe right-of-way.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARYIFINAL PLAT - WOODSIDE CREEK SUBDIVISION NO.2 - (PFP-O4-006)
PAGE 5 OF 9
9.
10.
11.
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.
5.
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.
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.
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.
It is the responsibility of the applicant to verify all existing utilities within the right-of-way.
The applicant at no cost to ACHD shall repair existing utilities 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.
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.
Any change by the applicant in the planned use ofthe property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARYIFINAL PLAT - WOODSIDE CREEK SUBDIVISION NO.2 - (PFP-04-006)
PAGE 6 OF 9
5.
E.
plans, or other regulatory and legal restrictions in force at the time the applicant or its
successors in interest advises the Highway District of its intent to change the planned use of
the subject property unless a waiver/variance of said requirements or other legal relief is
granted pursuant to the law in effect at the time the change in use is sought.
C.
Adopt the Recommendations of the Meridian Fire Department as follows:
1.
This project was discussed at the May 21,2004 comments meeting. This project has no fire
department concerns.
D.
Adopt the Recommendations of Central District Health Dept as follows:
1.
This proposal can be approved for central sewage & central water after written approval
from appropriate entities is submitted.
2.
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.
3.
Run-off is not to create a mosquito breeding problem.
4.
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 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 Recommendations ofNampa Meridian Irrigation District as follows:
1.
The District has no objections to the re-subdivision of Lot 14, Block 1 of
Woodside Creek Subdivision No.1 into 2 building lots for proposed Woodside
Creek Subdivision No.2 provided all storm drainage is retained on site.
2.
If any surface drainage leaves the site, the District requires a Land Use Change
Application be filed for review prior to final platting.
3.
All laterals and waste ways must be protected. The developer must comply with
Idaho Code 31-3805.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY /FINAL PLAT - WOODSIDE CREEK SUBDIVISION NO.2 - (PFP-O4-006)
PAGE 7 OF 9
4.
NMID recommends that irrigation water be made available to all developments
within the Nampa & Meridian Irrigation District.
F.
Adopt the action of the City Council taken at their July 27,2004 meeting as follows:
1.
The Developer shall remove the existing house to provide for the appropriate lot
split.
3.
The final plat upon which there is contained the Certification and signature of
the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be
signed only at such time as:
a.
The Plat dimensions are approved by the City Engineer;
b.
The City Engineer has verified that all off-site improvements are completed
and/or the appropriate letter of credit or cash has been issued guaranteeing the
completion of off-site and required on-site improvements; and
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY 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-
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARYIFINAL PLAT - WOODSIDE CREEK SUBDIVISION NO.2 - (PFP-O4-006)
PAGE 8 OF 9
eight (28) days after the date of this decision and order, seek a judicial review as provided by
Chapter 52, Title 67, Idaho Code.
L].,~ By action of the City Council at its regular meeting held on the It:!'.£. day of
rJ ~?:¡.. , 2004.
Attest:
Dated:
<X. \~-04
Z:\WorklM\MeridianlMeridian ISJ60MlWoodsideCreek Subdivision No.2 PFP-04-006\PFP Ft1::Is.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARYIFINAL PLAT - WOODSIDE CREEK SUBDIVISION NO.2 - (PFP-O4-006)
PAGE 9 OF 9