HomeMy WebLinkAboutTuscany Lakes Subdivision PP-04-040
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of a Request to Amend the Preliminary Plat (PP-02-006) to add 6 additional
building lots in locations that were previously platted as storm drainage ponds for Tuscany
Lakes Subdivision, by Tuscany Development, Inc.
Case No. PP-04-040
For the City Council Hearing Date of: January 25, 2005
A. Findings of Fact
1. Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the first publication appearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300')
of the external boundaries of the property. The notice of public hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing. All other noticing was done consistent with Idaho Code §67-
6509.
The matters were duly considered by the City Council at the January 25, 2005,
public hearing. The applicant, affected property owners, and govermnent
subdivisions providing services within the planning jurisdiction ofthe City of
Meridian were given full opportunity to express comments and submit evidence.
b.
Written and oral testimony was received on this matter, as reflected in the records
of the City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony).
c.
The Planning and Zoning Commission conducted a public hearing and issued a
recommendation for approval to City Council.
The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
d.
2. Process Facts
a. There has been compliance with all notice and hearing requirements set forth in
Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
3. Application and Property Facts
a. In addition to the application and property facts noted in the staff report and the
Planning & Zoning Recommendation for the subject application(s), it is hereby
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO. PP-O4-034 -PAGE lof4
verified that the property owner of record at the time of issuance of these findings is
Tuscany Development, Inc.
4. Required Findings per Zoning and Subdivision Ordinances
a.
See Exhibit D for the findings required for the Preliminary Plat application.
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land
Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-
6503).
2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all
current zoning maps thereof. The City of Meridian has, by ordinance, established the
Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was
adopted August 6, 2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code
§ 11-17-9.
4. Due consideration has been given to the comment(s) received from the govermnental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning and Zoning Department, the Public Works Department and
any affected party requesting notice.
7. That this approval is subject to the Legal Description in Exhibit A, the Preliminary Plat
dated October 26, 2004 as shown in Exhibit 8, and the Conditions of Approval in
Exhibit C. The conditions are concluded to be reasonable and the applicant shall meet
such requirements as a condition of approval of the application.
C. 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 that:
1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat
dated January 3, 2005 is hereby conditionally approved;
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO. PP-Q4-034 -PAGE20f4
2. The site specific and standard conditions of approval are as shown in Exhibit C.
D. Notice of Applicable Time Limits
1. Notice of Twelve (12) Month Preliminary Plat Duration
Please take notice that after the date of approval of the preliminary plat, the owner or
developer shall have one year within which to file the request for approval of the final
plat. After approval of final plat, the owner or developer shall have one year to begin
construction of the public utilities and one year thereafter to complete construction of
those public facilities (MCC 12-2-4.B & C).
E. Notice of Final Action and Right to Regulatory Takings Analysis
I. 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.
2. Please take notice that this is a final action ofthe governing body ofthe 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 the issuance or denial of
the approval may within twenty-eight (28) days after the date ofthis decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Exhibits
Exhibit A:
Exhibit B:
Legal Description
Exhibit C:
Approved Preliminary Plat (1-03-05, with conditions)
Preliminary Plat Conditions of Approval (all agencies)
Exhibit D:
Preliminary Plat Findings
B:rdtion of the City Council at its regular meeting held on the ~5ß
D1'\Uß1\j ,2004.
day of
COUNCIL MEMBER SHAUN WARDLE
VOTED~
VOTED~
COUNCIL MEMBER CHRISTINE DONNELL
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO. PP-O4-034 - PAGE 3 of4
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED~
COUNCIL MEMBER KEITH BIRD
VOTED~
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED
Attest:
and City Attorney.
By: jlì \ 01 N\. hJ\ CLlJk.
CIty Clerk's Office
Dated: 2- 25--CfS
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO. PP-Q4-034 - PAGE 4 of 4
EXHffiIT A
Tuscany Lakes Amended
PP-04-040
Legal Description
DESCRIPTION
DETAIL "A"
AMENDED TUSCANY LAKES PRELIMINARY PLAT
October 8,2004
TWO PARCELS OF LAND tOCA TED IN THE NW '.4 OF SECTION 29. TOWNSHIP 3
NORTH. RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY,
IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
WEST PARCEL:
COMMENCING AT THE NORTHWEST CORNER OF SECTION 29, T.3N., R.1E., B.M.
THENCE S 00"14'24" W 1085.99 FEET ALONG THE WEST LINE OF SAID SECTION 29
TO A POINT; THENCE S 90"00'00" E 505.64 FEET TO THE REAL POINT OF
BEGINNING OF THIS DESCRIPTION;
THENCE S 72'47'45" E 329.32 FEET TO A POINT;
THENCE S 17"12'15" W 95.24 FEET TO A POINT ON A CURVE;
THENCE ALONG A CURVE TO THE LEFT 52.94 FEET, SAID CURVE HAVING A
RADIUS OF 126.00 FEET, A CENTRAL ANGLE OF24"O4'29", TANGENTS OF 26.87
FEET, AND A CHORD WHICH BEARS S 05'10'00' W 52.55 FEET TO A POINT;
THENCE S 74'59'47" W 141.40 FEET TO A POINT:
THENCE N 34'05'07" W 110.87 FEET TO A POINT;
THENCE N 46"30'03" W 150.98 FEET TO A POINT;
THENCE N 18'01'28" E 85.80 FEET TO THE REAL POINT OF BEGINNING OF THIS
DESCRIPTION, SAID PARCEL CONTAINING 1.21 ACRES, MORE OR LESS.
,
EAST PARCEL:
COMMENCING AT THE NORTHWEST CORNER OF SECTION 29, T3N., R.1 E. BM.,
THENCE S 00"14'24" W 1174.81 FEET ALONG THE WEST LINE OF SAID SECTION
29 TO A POINT; THENCE S 90"00'00' E 878.69 FEET TO THE REAL POINT OF
BEGINNING OF THIS DESCRIPTION;
THENCE S 72'47'45" E 266.69 FEET TO A POINT ON A CURVE;
THENCE ALONG A CURVE TO THE LEFT 93.39 FEET, SAID CURVE HAVING A
RADIUS OF 126.00 FEET, A CENTRAL ANGLE OF42'27'55", TANGENTS OF 48.95
FEET, AND A CHORD WHICH BEARS.s 04"01'43" E 91.26 FEET TO A POINT;
40908.d",il.A.<k,
Tuscany Lakes Amended - PP-O4-040 - Exhibit A
Page I of4
THENCE S 24"12'49" E 31.22 FEET TO A POINT:
THENCE S 82"48'O8"W 131.16 FEET TO A POINT;
THENCE N 28'56'58" W 90.47 FEET TO A POINT;
THENCE N 81°1.8'56"W 13?-23 FEET TO A POINT;
THENCE N 17"12'15" E 120.33 FEET TO THE REAL POINT OF BEGINNING OF THIS
DESCRIPTION, SAID PARCEL CONTAINING 0.82 ACRES, MORE OR lESS.
WAYNE K. BARBER
P.L.S. 8444
;
4090g-detail-A.d"
Tuscany Lakes Amended - PP-O4-040 - Exhibit A
Page 2 of 4
DESCRIPTION
DETAIL "B"
AMENDED TUSCANY LAKES PRELIMINARY PLAT
October 8. 2004
A PARCEL OF LAND LOCAiED IN THE NW '.4 OF SECTION 29, TOWNSHIP 3
NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN. ADA COUNTY,
IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,
COMMENCING AT THE NORTHWEST CORNER OF SECTION 29, T.3N., R.IE., 8.M.,
THENCE S 00"14'24" W 1336.59 FEET ALONG THE WEST LINE OF SAID SECTION 29
TO A POINT; THENCE S 90'00'00" E 1983.83 FEET TO THE REAL POINT OF
BEGINNING OF THIS DESCRIPTION;
THENCE S 89"36'13" E 258.29 FEET TO A POINT;
THENCE S 00"15'20"W 119.00 FEET TO A POINT;
THENCE N 89"36'13" W 258.58 FEET TO A PCINT;
THENCE N 00"23'47" E 119.00 FEET TO THE REAL POINT OF BEGINNING OF THIS
DESCRIPTION, SAID PARCEL CONTAINING 0.71 ACRES, MORE OR LESS.
WAYNE K. BARBER
P,L.S. 8444
,
4O"O8-detail-B.d"
Tuscany Lakes Amended - PP-04-040 - Exhibit A
Page 3 of 4
DESCRIPTION
DETAIL "C"
AMENDED ruSCANV LAKES PRELIMINARY PLAT
October 8, 2004
A PARCEL OF LAND LOCA'TED IN THE NE '.4 OF SECTION 29, TOWNSHIP 3
NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY,
IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SECTION 29, T.3N" R.1E., B.M.,
THENCE S 00'14'24" W 1758.68 FEET ALONG THE WEST LINE OF SAID SECTION 29
TO A POINT; THENCE S 90'00'00" E 3212.42 FEET TO THE REAL POINT OF
BEGINNING OF THIS DESCRIPTION;
THENCE S 66"34'24" E 100.85 FEET TO A POINT;
THENCE N 73"37'35" E 69.58 FEET TO A POINT ON A CURVE;
THENCE ALONG A CURVE TO THE LEFT 15.04 FEET, SAID CURVE HAVING A
RADIUS OF 81.00 FEET, A CENTRAL ANGLE OF 10'38'15", TANGENTS OF 7.54
FEET, AND A CHORD WHICH BEARS S 19"04'46" E 15.02 FEET TO A POINT;
THENCE S 73'37'35" W 69.16 FEET TO A POINT;
THENCE S 23"25'38" W 229.79 FEET TO A POINT ON A CURVE;
THENCE ALONG A CURVE TO THE LEFT 62,52 FEET, SAID CURVE HAVING A
RADIUS OF 81.00 FEET, A CENTRAL ANGLE OF 44'13'34", TANGENTS OF 32.91
FEET, AND A CHORD WHICH BEARS S 55'46'41" W 60.98 FEET TO A POINT;
THENCE N 55'38'38" W 129.01 FEET TO A POINT;
THI;#o CE N 33'35'23" E 271.91 FEET TO THE REAL POINT OF BEGINNING OF THIS
DESCRIPTION, SAID PARCEL CONTAINING 0.88 ACRES, MORE OR LESS.
WAYNE K. BARBER
P.L.S.8444
4<J908-œlail-C.des
Tuscany Lakes Amended - PP-O4-040 - Exhibi1 A
Page 4 of 4
EXHffiIT B
Tuscany Lakes Amended
PP-04-040
Approved Preliminary Plat
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Tuscany Lakes Amended - PP-04-040 - Exhibit A
Page 1 of 1
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EXHffiIT C
Tuscany Lakes Amended
PP-04-040
Conditions of Approval
PLANNING AND ZONING/PUBLIC WORKS
SITE SPECIFIC CONDITIONS
1. This Amended Preliminary Plat shall be subject to all applicable conditions of
approval from Tuscany Lakes Subdivision (AZ-02-005, PP-02-006, CUP-02-006).
2. Trees within the roadside drainage swells shall be limited to one per property line
intersection, per ACHD requirements, and the species shall be limited to Class I and
II, as defined by the City of Meridian Landscape Ordinance,
3. Fencing details shall be submitted with each Final Plat application. Fencing on Lots
9, 10, and 11, Block 7 and Lots 39 and 52, Block I adjacent to pathways shall not be
over three feet in height if constructed of a solid material, and shall not be more than
4 feet in height if it is non-sight obscuring. A 6-foot high perimeter fence shall be
installed prior to any building permits being issued, unless agreed to otherwise in
writing by the Planning Director.
4. Where proposed street sections with drainage swells will be adjacent to previously
approved Final Plats with curb and gutter, the construction drawings shall depict how
the different street sections shall meet.
5. Sanitary sewer and water service to these lots will be from service line extensions
trom existing mains adjacent to the project. Subdivision designer to coordinate
service routing with the Public Works Department.
6. Modify the design of Lots 39, 40, 50 and 51, Block I, such that the pathway lot, runs
on the east side of Lots 39 and 52.
7. Modify the design of Lots 38, 39, 52, 53, and 54, Block 1, such that there is no
common space and 4 residential lots.
GENERAL CONDITIONS
1. Underground year-round pressurized irrigation must be provided to all lots within this
development. The City of Meridian requires that pressurized irrigation systems be
supplied by a year-round source of water. 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 Engineer.
Tuscany Lakes Amended - PP-O4-040 - Exlribit A
Page 1 00
2. Any tree over 4" in caliper that is removed from 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,
3. 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 .Iandscape irrigation.
4. Any drainage areas (detention/retention basins) must be designed to ensure that water
will percolate or discharge within a period of time not to exceed 24 hours for all
storms up to and including a 1O0-year storm event. Side slopes within drainage areas
shall not exceed 3: 1. The project engineer should pay close attention to the results of
field studies determining the groundwater, soil type & and characteristics during the
design and construction phases.
5. Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
6. Streetlights will be required at locations designated by the Public Works Department.
All streetlights shall be installed at the expense of the Applicant. Typical locations
are at street intersections and/or fire hydrants.
7. Developer shall coordinate mailbox locations with the Meridian Post Office.
8. All sidewalks shall be constructed in accordance with MCC 12-5-2.K. Prior to
signature of the final plates), all sidewalks shall be constructed or a financial
guarantee that said improvements will be completed shall be provided
9. A note shall be placed on the final plat stating that unless otherwise approved, all
building setbacks shall meet the requirements of the zoning ordinance in effect at the
time of building permit submittal.
10. A letter of credit or cash surety in the amount of 110% will be required for all
landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature of
the final plat.
11. Applicant shall be required to pay Public Works development plan review, and
construction inspection fees, as determined during the plan review process, prior to
signature on the final plat per Resolution 02-374.
12. Plat approval shall be subject to the expiration provisions set forth in MCC,
13. Staffs failure to cite specific ordinance provisions or terms of the approved
preliminary plat, conditional use permit or development agreement does not relieve
Applicant of responsibility for compliance.
Tuscany Lakes Amended - PP-O4-040 - Exhibit A
Page 2 00
OTHER AGENCYIDEP ARTMENT COMMENTS/CONDITIONS
MERIDIAN FIRE DEPARTMENT CONDITIONS
I. This project has no fire department concerns.
SANITARY SERVICE COMPANY
1, SSC has no comments related to this application.
MERIDIAN PARKS DEPARTMENT
1. The Parks Department has no concerns with the site design as submitted with the
application.
ACHD CONDITIONS
1. All of the roadway improvements were required with. Tuscany Lakes Subdivision,
and those requirements are still applicable to this amended preliminary plat.
2. This District Planning Review staff is not approving the roadside swale section with
this letter, and the applicant will need to coordinate the drainage accommodations
with District Development Review staff, The applicant will need to demonstrate that
the drainage can be properly accommodated with the requested change.
3, The applicant is required to pay all applicable platting and review fees,
IRRIGATION DISTRICT CONDITIONS
1. Nampa and Meridian Irrigation District requires that a Land Use Change Application
be filed for review prior to final platting, Please contact Donna Moore at 466-7861
for further information.
2. All laterals and waste ways must be protected,
3. The developer must comply with Idaho Code 31-3805.
4. It is recommended that irrigation water be made available to all developments within
the Nampa & Meridian Irrigation District.
8. If any surface drainage leaves the site, the N ampa & Meridian Irrigation District must
review drainage plans.
Tuscany Lakes Amended - PP-O4-040 - Exhibit A
Page 3 00
D.
EXHIBIT D
Tuscany Lakes Amended
PP-04-040
Required Preliminary Plat Findings
Meridian City Code (MCC) 12-3-3 J.2 and 12-3-5 D read as follows: "In detennining the
acceptance of a proposed subdivision, the Commission/Council shall consider the
objectives of this title and at least the following:
A.
The conformance of the subdivision with the Comprehensive Plan;
The 2002 Comprehensive Plan Future Land Use Map designates all of the subject
property as "Medium Density Residential", which allows for densities of three to
eight units per acre, (See Chapter VII, pg. 99.) Staff finds that the proposed
subdivision is in compliance with the Comprehensive Plan,
B.
The availability of public services to accommodate the proposed
development;
The subject site can be serviced by the City of Meridian's sanitary sewer and
water systems. Sewer and water will be extended to the proposed development by
the developer. The Commission and Council should reference any written or
verbal testimony submitted by the Meridian Fire, Police, and Parks Departments,
and any other agency, regarding their ability to adequately service this project.
Staff finds that the property proposed for development can be serviced by
essential public facilities and services.
c.
The continuity of the proposed development with the capital improvement
program;
Staff finds that the subdivision will not conflict with the capital improvement
program because the developer is required to install sewer, water, utilities and
irrigation, for the development at their cost.
The public fmanciaI capability of supporting services for the proposed
development;
The developer will be financing the extension of sewer, water, utilities and
irrigation services to serve the project. The primary public costs to serve the
future site will be fire and police services. Staff fmds that this development will
not cause excessive additional requirements at public cost, if the applicant
complies with the conditions of approval for the and preliminary plat application.
The Commission and Council should consider the Meridian Police, Parks and Fire
Departments' comments with regard to their capability to serve the proposed
development.
Tuscany Lakes Amended - PP-04-040 - Exhibit A
Page 1 of2
E.
The other health, safety or environmental problems that may be brought to
the Commission's attention.
There are no health, safety, or environmental problems to bring to the
Commission's attention.
Tuscany Lakes Amended - PP-O4-040 - Exhibit A
Page 2 of2