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Home My WebLink AboutFindingsCITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CITY .)IF rr , v � IU:WCY tf r In the Matter of the Request for Preliminary Plat Approval of 52 Single Family Residential Lots, 2 Office / Commercial Lots, and 10 Common Lots Within the Existing L-O (Limited Office) District AND Conditional Use Permit Approval to Modify the Conceptual Planned Development (PD) for the Touchmark Living Centers / Meadowlake Village Development AND Miscellaneous Approval to Amend the Existing Development Agreement (DA) for the Touchmark Living Center / Meadowlake Village Development, by Touchmark of the Treasure Valley, LLC Case No(s). PP-07-009, CUP-07-008, & MI-07-006 For the City Council Hearing Date of. July 17, 2007 (Continued from June 5 and July 3, 2007) Findings on the August 14, 2007, City Council Agenda A. Findings of Fact Hearing Facts (see attached Staff Report for the hearing date of July 17, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 17, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 17, 2007, incorporated by reference) 4. Required Findings per the Unified. Development Code (see attached Staff Report for the hearing date of July 17, 2007, incorporated by reference) 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 (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning reaps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER CASE NO(S). PP-07-009, CUP-07-008, & MI-07-006 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 § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental 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 Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of July 17, 2007, incorporated by reference. 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 § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: The Applicant's Preliminary Plat, as evidenced by having submitted the Preliminary Plat, REVISED May 29, 2007, labeled C00 — CO3, and prepared by WRG Design, Inc., is hereby conditionally approved. 2. The Applicant's Landscape Plan, as evidenced by having submitted the Landscape Plan, REVISED May 29, 2007, labeled Ll — L8, and prepared by WRG Design, Inc., is hereby conditionally approved. 3. The following modifications to the corresponding staff report were approved by the Meridian City Council on July 17, 2007: a. Condition 1.2.3 to be stricken from the staff report; b. Condition 1.2.4 to be stricken from the staff report; c. Condition 1.2.13 added to the staff report, requiring the Applicant to submit a private street application; d. Condition 1.2.10 to be stricken from the staff report which refers only to the portion that the Applicant provide documentation from the irrigation district that tiling the Ridenbaugh Canal is not necessary; CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER CASE NO(S). PP-07-009, CUP-07-008, & M1-07-006 e. Clarify Condition 1.2.6 to specifically reference "residential" setbacks; f. Modify Condition 1.2.11 to establish that maintenance of all common areas shall be the responsibility of Touchmark of the Treasure Valley, LLC, rather than by the Meadowlake Village North Homeowner's Association; g. Modify Condition 2.30 which calls for sodium streetlights within Meadowlake Village North. As the existing Meadowlake Village development currently uses a metal -halide, the Applicant desires to install the same within the subject subdivision. Public Works is amenable to such only if the Applicant enters into a maintenance agreement with the City which establishes that Touchmark of the Treasure Valley, LLC, is responsible for all maintenance of the metal -halide street lights; and h. Condition 3.9 to be stricken from the staff report which refers only to the portion that the Applicant provide a stub street within the development. 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of July 17, 2007, incorporated by reference. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration: Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the Applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the Applicant prior to the termination of the period in accord with 11-613-TA, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the Applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER CASE NO(S). PP-07-009, CUP-07-008, & MI-07-006 on 2. 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 the issuance or denial of a conditional use permit approval 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. F. Attached: Staff Report for the hearing date of July 17, 2007 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER CASE NO(S). PP-07-009, CUP-07-008, & MI-07-006 By action of the City Council at its regular meeting held on the day of 2007. COUNCIL MEMBER DAVID ZAREMBA VOTED_Oi�L— COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED_ *w COUNCIL MEMBER KEITH BIRD VOTED TIE BREAKER MAYOR TAMMY de WEERD VOTED �^ MAYOR de WEERD ATTEST:IT r ` t SER L _ W LIAM G. BERG, Jr.,Cl CL1IRK Copy served upon: ✓ Applicant 00, Planning Department ✓ Public Works Department V— City Attorney By. Dated. I y Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER CASE NO(S). PP-07-009, CUP-07-008, & MI-07-006