HomeMy WebLinkAboutSouthern Springs Subdivision No. 2 FPM-05-001
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
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In the Matter of a Final Plat Modification to Remove a Final Plat Condition to Construct a
Six-Foot Fence Inside Nampa Meridian Irrigation District Easement for Southern Springs
No.2 Subdivision
Case No(s). FPM-05-001
For the City Council Hearing Date of: November 15, 2005
A. Findings of Fact
1. Hearing Facts:
a. A notice of a public hearing was published on October 24th and November i\ 2005
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 matter was duly considered by the City Council at the November 15, 2005
public hearing. The applicant, affected property owners, and government
subdivisions providing services within the planning jurisdiction of the 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 City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
2. Process Facts:
a, There has been compliance with all notice and hearing requirements set forth in
Idaho Code ~67-6509, 6512} as evidenced by the Affidavit of Mailing, and the
Affidavit of Publication and Proof of Posting filed with the City Clerk.
3. Property Facts (see attached Staff Report for the hearing date of 11-15-05 incorporated
by reference)
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). FPM-OS-OOl - PAGE 1 of 4
B. Conclusions of Law
1, The City of Meridian shall exercise the powers confen-ed upon it by the "Local Land Use
Platming Act of 1975," codified at Chapter 65, Title 67, Idaho Code (l.C. S67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 Meridian City Code, and all cun-ent zoning maps thereof. The City of
Meridian has, by ordinance, established the Impact Area and the Amended
Comprehensive Plan ofthe 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 S
II-SA.
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 in the application for the hearing
date of 11-15-05 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 S II-5A and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's original Final Plat application, approved on 1/25/05, is hereby approved
to be modified, as noted in the staffreport for the hearing date of 11115/05; and,
2. The following modifications to site specific conditions were made at the City Council
hearing:
a. The applicant's original request to remove the condition to construct a six-foot
fence is not approved. The City Council agrees with the alternative arrangement made
between the developer and the adjacent neighborhood association. A minimum six-foot
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). FPM-05-001 - PAGE 2 of4
vinyl fence shall be constructed along the western easement line of the Ten Mile Creek.
The fence must include two locked gates for emergency fire access to the creek.
D. Notice of Final Action and Right to Regulatory Takings Analysis
I. 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.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code S 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 conditional use pennit 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.
E. Attached: Staff Report for the hearing date of 11-15-05.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). FPM-05-001 - PAGE 3 of4
By action of the City Council at its regular meeting held on the
?;ectfnlJ{/1,-, ' 2005.
b~
day of
COUNCIL MEMBER SHAUN WARDLE
VOTED~"--
VOTED ~
VOTED~
VOTED~
COUNCIL MEMBER CHRISTINE DONNELL
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
MA YOR TAMMY de WEERD
(TIE BREAKER)
VOTED
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Copy served upon Applicant, The Plarih~~~;Be.~~J,,\~~uiJlic Works Department and City
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Attest:
Attorney.
By Sh ('{;1 ;n SnH-h
City Clerk's Office
Dated: I Z - 01 -05'
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). FPM-05-001 - PAGE 4 of 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 11115/2005
MEMORANDUM:
[AMENDED FOR FINDINGS]
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City Council Hearing Date: November 15, 2005
Transmittal Date: November 9, 2005
To:
Mayor and City Council
From:
Brad Hawkins-Clark, Plincipal City Planner ~\.\L
Subject:
Final Plat Modification Application - Request to Remove Final Plat
Condition to Construct a Six-Foot Fence Inside Nampa Meridian Irrigation
District Easement for Southern Springs No.2 Subdivision (File No. FPM-
05-001)
APPLICATION SUMMARY. LOCATION & BACKGROUND
The applicants} Roger Michener and Lawrence Ross} have submitted a Final Plat Modification
Application (FPM) to remove condition H.3 (page 14) from the conditions of approval for the
subdivision. The condition requires a six-foot vinyl fence between the Southern Springs No.2
commercial project and RUlming Brook Estates Subdivision (residential). The subdivision
infrastructure} including the 12-foot wide public pathway} has been installed, although the plat
has not yet recorded with Ada County nor have any building pennits been issued. The
subdivision is located at the southeast corner of Overland Road and Meridian Road/SH-69.
The fence condition was required as part ofthe Preliminary Plat for Southern Springs
Subdivision (File #PP-03-016)} approved by City Council on 9/9103. The Final Plat (File #FP-
04-082) was approved by City Council on 1/25/05 and includes the preliminary plat condition to
construct the fence. The fence is required on the west side ofTen Mile Creek along the
subdivision}s east property line. This was a matter of substantial discussion at the public hearing
for File PP-03-016. (See Exhibit A for a copy of the Conditions of Approval.)
The original application did not propose any fence west of the Ten Mile Drain. They proposed a
small berm with shrubs on the west side of the pathway to provide screening for the residents in
Running Brook Estates. The fence was made a condition of approval in large part because the
residents felt the berm and shrubs would not offer them adequate screening. They also did not
want users of the pathway to have visibility into their back yards. Therefore, the City Council
required the fence to be constructed on the east side of the pathway, which is within the Nampa
Meridian Irrigation District (NMID) easement for Ten Mile Creek
On September 21, 2005, J received a letter from Daren Coon, Secretary/Treasurer for NMID,
regarding the fence. (See Exhibit B,) NMID's Board of Directors denied Southern Springs
Subdivision their request to construct the fence within the irrigation easement. The reason for
denial was that Meridian's Master Pathway Agreement prohibits fences in their easements. The
City Attorney's Office reviewed our Master Agreement and concur that this is accurate.
FPM-05-001 / Southern Spgs 2 Fence
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 11/15/2005
So, the applicant is now in a situation where the City is requiring a fence within NMID's
easement but NMID will not allow the fence} in large part because of the Master Pathway
Agreement that governs public pathways along their facilities. (Note: Even without citing the
Master Pathway Agreement as the reason, it is unlikely the fence would be allowed within their
easement. )
On October 26th} the applicants held a neighborhood meeting to discuss the situation. All
neighbors within 300 feet of the subdivision were invited. After that meeting, staff was told by
the applicant's representative, David Koga (The Land Group), that those residents attending the
meeting agreed to a relocation of the 6-foot vinyl fence from the east side of the pathway to the
west side of the pathway. This would place the fence outside NMID's easement and avoid the
need to obtain NMID's approval. Staff has not had any contact from nor attempted to contact
any of the residents since the neighborhood meeting to confinn their position.
If there is consensus between the applicants and the Running Brook homeowners to simply
relocate the fence, the request to remove the requirement for a fence is no longer necessary.
However, staff has identified a couple of other changes that would need to be made to the
conditions of approval (see "Staff Analysis" below).
OWNER OF RECORD
The owner of record for the subject property is Southern Springs, LLC, Boise, Idaho.
STAFF ANALYSIS AND RECOMMENDATION
Ifa 6-foot solid fence is constructed on the western easement line ofTen Mile Creek, it would
appear to solve the main point of disagreement between the residents and the applicants. It
would provide a solid screen between the residential lots and the commercial uses and does not
conflict with NMID's policy of prohibiting fences in their easement.
After reviewing the facts and the evidence submitted at the 11-15-05 public hearing, the City
Council agreed to the following:
The applicant's original request to remove the condition to construct a six-foot fence is not
approved. The City Council agrees with the alternative arrangement made between the
developer and the adiacent neighborhood association. A minimum six-foot vinyl fence
shall be constructed along the western easement line of the Ten Mile Creek. The fence
must include two locked gates for emergency fire access to the creek.
Condition H,3 is approved to be re-worded as follows:
"H.3 The Applicant shall be required to construct a minimum six foot vinyl fence
along the eastern praperty line alallg the western easement of the Ten Mile Creek,
beginning approximately 450 feet south of the Overland Road right-of-way lines.
Said fence shall provide two e;ates to allow for emere;encv fire access to the Ten
Mile Creek."
FPM-05-00J / Southern Spgs 2 Fence
2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 11115/2005
Letter from Darrell and Linda Tomlinson
The Tomlinson's are one of the propeliy owners immediately east of the development. The City
Council was copied with an October 20, 2005 letter they sent to the applicants. One of the pOlnts
in that letter is that they interpret condition H.2 ofthe Preliminary Plat Findings to be requiring
both a 10-foot wide pathway and a 20-foot wide sewer access for the Public Works Department.
This would result in a 30-foot wide separation. However, the intent of this condition is to
overlay the two functions} not have them side-by-side. The Public Works Department and Parks
Department are agreeable to a shared, all-weather hard surface and neither department requires
two different facilities. While the condition may need to be re-worded for clarity, we do not
believe this should be imposed as a new condition.
ATTACHMENTS
· Exhibit A - Original Conditions of Approval
· Exhibit B - NMID letter
· Exhibit C - Approved Final Plat (Southern Springs No.2)
FPM-05-001 / Southern Spgs 2 Fence
3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 11/1512005
EXIDBIT A - Southern Springs No.2 Conditions of Approval (File #PP-03-016)
FPM-05-00l
Exhibit A page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TI-/E HEARING DATE OF 11115/2005
Developer-Owner, The Land Group, Inc. - Engineer", The Land Group, Inc., Developer is
hereby conditionally approved; and
2. The conditions of approval are as follows to-wit
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff
as amended by the Commission as follows:
PRELIMINARY PLAT SITE SPECIFIC COMMENTS
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1. Sanitary sewer service to this site will be from main line extensions of the
Ten Mile Trunk adjacent to the east of the project. The applicant will be responsible
to construct lateral sewer maills to and through this proposed development.
Subdivision designer to coordinate main sizing and routing willi the Public Works
Department. Sewer mains will not be allowed within landscape areas, beneath
landscape islands, and manholes will not be allowed in parking and loading areas.
2. Water service to this site will be from main line extensions from existing
t) \i,) water mains in Meridian Road. The applicant will be responsible to construct water
'" mains to and through this proposed development. Subdivision designer to coordinate
main sizing and routing with the Public Works Department.
'\ 3. Sidewalks shall be detached along Meridian RoadlSH 69 and a minimum 5-
foot-wide landscaped parkway shall be installed between the edge of pavement and
sidewalk in accordance with MCC 12-13-10-8.
4. Approval of Southem Springs Subdivision application does not imply
j approval of the buildings, uses, parking or other development features shovm on the
face ofthepreliminary plat. Each individual lot will require a Certificate of Zoning
Compliance be obtained prior to submittal of building permit applications.
5. MCC 12-13-10-4 requires a minimum 25-fool wide street buffer along
j Overland Road and a minimum 35-foot wide buffer along Meridian RoadfSH 69.
All required buffers shall be located beyond anyright-of-way. If the ITD intersection
and road widening project on Meridian RoadlSH 69 requires additional right-of-
way, the Applicant may qualify for a buffer width reduction under MCC 12-] 3-1 0-5,
If a reduction is desired, submit a written request to the Zoning Administrator with
evidence of the need for reduction.
,
FINDINGS OF FACT At'ID CONCLUSIONS OF LAW AND ORDER
OF CONDmONAL AFPROV AL OF PRELLYlI.NARY PLAT
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PAGE 6 OF 16
FPM-OS-OO 1
Exhibit A page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 11/15/2005
6. On Of near the westem easement line of the 50-foot NMID easement,
beginning approximately 450 feet south of the Overland Road right-of-way,
/\. Applicant shall construct a 25-foot wide landscape buffer and/or other screening as
approved by the City. Said screening shall not obstruct visibility of the pathway
from within the development and shall be placed east of all commercial u.<;cs, if
NMID requires a INritten agreement for landscaping or fencing within their
easement, Applicant shall submit said agreement with the final plat application.
~~'~.
/'1..1 A blanket, vehicular cross access easement shall be provided for all lots
~-\vithin the subdivision. Said easement shall be shown as a note on the final plat.
8. A vehicular cross access easement agreement shall be entered into with the
Bengson parcel to the south to provide for a future connection to E, Caldenvood Dr.
Submit said agreement prior to City signature on the final plat.
9. All perimeter lots along E. Overland Road are subject to a minimum 25.foot
J wide landscape easement. This street buffer shall be designed in accordance with
MCC 12-13-10. The Southern Springs Business Association shall maintain said
easement and all common area lots within the subdivision.
10. The preliminary landscape plan (Sheet PL-l, dated 5/30/03 by The Land
Group) is approved. [fthe landscape buffer widths must be reduced due to roadway
/ expansion, Applicant shall re-submit a revised landscape plan to thc PI arming &
v Zoning Department for review prior to City Council approval of the prcliminary
plat. (Pcr the City Council meeting held on September 9, 2003, a revised Landscape
Plan has not been submitted by tile Applicant, as the Applicant is still negotiating
and waiting on the Idaho Transportation Department's comments on the redesign of
the intersection of Overland Road and Meridian Road.)
11. 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 have to be removed.
, 12. A detailed fencing and landscape plan, in compliance with MCC 12-13, shall
./ be submitted with the final plat application.
13. Applicant has indicated that the Nampa & Meridian Irrigation District will
own and maintain the pressurized irrigation system within this development. The
applicant shall be required to provide a backup source to the pressurized irrigation
system.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF PRELli\HNARY PLAT
PAGE 7 OF 16
FPM-05-00 I
Exhibit A page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 11/1512005
H. Adopt the action of the City Council taken at their September 9,2003 meeting as
follows:
For clarification:
1. If the parcel abutting the south property line is a residential use at the time
,/ of development of Lots 8 and 9, a 25 foot buffer shall be constructed on
said lots adjacent to the south boundary.
2. TIle AppliCllilt shall constnlet a minimum ten-foot-wide, hard surfaced
pedestrian pathway system from Overland Road to the southern boundary
of the property for use as public pedestrian access. A permanent
pedestrian easement, in favor of the City of Meridian shall he recorded
for said pathway. The existing 20-[00t sewer easement adjacent to Ten
!l Mile Creek shall also be improved for access to Public Works
Deparbnent standards. Additionally, the Applicant shall meet with the
Planning and Zoning Department to determine the width, location, and
adequacy of the pathway along a predominately eastern section of the
property from the northern botmdary to the southern boundary of the
property.
3. The Applicant shaH be required to construct a minimum six foot vinyl
j fence along the eastern property line along the western easement ofTen
J Mile Creek, beginning approximately 450 feet south of the Overland
Road right-of-way line.
NOTICE OF FINAL ACTION
AND RlGHTTO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, thc 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 fHed.
FlNDU"aS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITJONAL APPROVAL OF PREUMWARY PLAT
BEAR CREEK NO. 8/ (pP.03-02I)
PAGE 14 OF 16
FPM-05-00t
Exhibit A page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 1111512005
EXIDBIT B - Nampa Meridian Irrigation District Letter
(See next 2 pages)
FPM-05-00 I
Exhibit C page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 1111512005
~ & ~ 1ftU9Q.-tieu1- 'Di4tmet
1 Y'3 FIRST STREll SOUTH NA\\PA IDAHO 83~51 ~395
fAX (: 70S J6l009:?
21 September 2005
PhQr'lt:r A.reJ Cede 103
Off lC f Nil'np-n .166 i'S61
SHOP ~'kfT;f"';' .166.0663
Brad Hawkins-Clark
City ofMcridian
Planning & LOlling
660 E. Watertower Suite 202
Mcridinn. lD 83642
RE: Southem Springs Subdivision-Ten Milc Drain-Fencc
Dear Mr. Ilawkins-Clnrk:
It hns rccently come to thc atlcntion of/he Board of Directors ofNampn 8.:: Meridinn Irrigation
DistriClthe City of tl'lcridianlms imposed a requiremcnt on the developer of Southern Springs
Subdivision to install a knce along tbe Ten-Milc Drain as pan ortbe Southern Springs
developmcnt.
After making diligent rcvicw of the requircmcnt of thc fence by the Cily of Meridian. thc Board
eoneurrcd the !em:c is not permissible because it inordinatcly interJeres with the Irrigation
District's proper and necessary operation and maintenance of the Ten-Mile Drain. Fm1hennorc.
tbe n~llee would not be permissive within the master license agreement that is in placc bel ween
the Cily oCMeridian and Nampn & Meridiun Irrigation District. Thc lenee is an obstructiolllO
the liTigation District. and Ihe Board Cound the action onlhe part of lhc City of Meridian was
;nuppropria~~ givC':1 the prc~~oious-!y st:tcd c~~nd:t'~cn;;.
The Doard concurred the stipulation for requiremcnt ortencing for Soulhcrn Springs Subdivision
bc removed from the building requirement since lhe fence is not pemlissible by (he District.
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FPM-05-00 1
Exhibit C page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 11115/2005
FPM-05-001
Page 2 Of2
21 September 2005
City of .\kridian
Should you have any l]UeSlions concerning this subject. please refer to lhe maslcr agreement
between Nampa &. Meridian Irrigation District and the City 01 Meridian 1I11d further reference the
flick ofcxisknce of any sub agreement allowing the construction ofa pathway or a fence along
Nampa &. ivlcridian Inigation District's Ten Mile Drain. Vou fllllY also contaclmc at lhe oflke
IlUmbL'r listed above IlJr lurther discussion or additional info1l11atiol1.
Sincerely.
'I,
6arcn R. Coon, Secretary/treasurer
NAMPA & ~1f:R[DlAN IRRIGATION DISTRICT
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Board 0 f Di recwrs
Wllter SupcrlntcndC'nt
Attorney-Farris
Exhibit C page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 11/15/2005
EXHIBIT C - Approved Pinal Plat (Southern Springs No.2)
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