HomeMy WebLinkAboutTrailway Park PP 03-011BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 07/08/03
IN THE MATTER OF THE
REQUEST FOR PRELIMINARY
PLAT FOR TRAILWAY PARK
SUBDIVISION FOR A PLANNED
DEVELOPMENT CONSISTING OF
ONE-HUNDRED AND FORTY-FIVE
SINGLE-FAMILY DETACHED
LOTS AND SIXTEEN SINGLE-
FAMILYATTACHED LOTS ONE
"NEIGHBORHOOD" PARK AND
TWENTY-THREE COMMON LOTS
ON 39.15 ACRES LOCATED ON E.
BLUE HERON LANE, NORTH OF
FAIRVIEW ROAD AND E. OF
Case No. PP-03-011
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY
PLAT
NORTH MERIDIAN ROAD,
MERIDIAN, IDAHO
BY: HILLVIEW DEVELOPMENT
CORPORATION,
APPLICANT
The above entitled matter coming on regularly for public hearing before the City Council
on May 2Q 2003 and continued until June 3, 2003, and Anna Powell Planning Director for the
Planning and Zoning Department, and Becky McKay, appeared and testified, and the City
Council having received a report from Wendy Kirkpatrick Planner II 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 of the Planning
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
TRAILWAY PARK SUBDIVISION / (PP-03-011)
PAGE 1 OF 15
and Zoning Commission and the applicant having submitted the "TRAILWAY PARK
SUBDNISION SECTION 6, T.3N., R.lE., B.M., PRELIMINARY PLAT, DWG.DATE:
04/11/03 ris, PROJ. NO. 3010, SHEET 1 OF 1 PRE-1, /3010-PRE.DWG, STAMP DATE: JUN
27 2003, RECEIVED JUN 27 2003 CITY OF MERIDIAN CITY CLERK OFFICE,
REVISIONS: 06/27/03 BKB, OWNERS OF RECORD: HILLVIEW DEVELOPMENT
CORPORATION and RALEIGH & DIEUW HAWE, DEVELOPER: HILLVIEW
DEVELOPMENT CORPORATION, BECKY McKAY: PLANNER/CONTACT", Hillview
Development Corporation, 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
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 RUT by Ada County, however, an application for annexation and
zoning to R-8, is before the Council, and requires connection to the Municipal Water and Sewer
System. [Meridian City Code § 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
TRAILWAY PARK SUBDIVISION / (PP-03-011)
PAGE 2 OF 15
3. It is determined that Urban Services can be made available to accommodate the
proposed development if the plat complies with the requirements and conditions hereinafter set
forth as conditions of preliminary plat approval.
4. The proposed development is a continuity of the proposed development within the
City's Capital Improvement Program and if the conditions, which aze 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.
6. 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.
The applicant has submitted for consideration of this approval drawing of the
preliminary plat herein designated as: "TRAILWAY PARK SUBDIVISION SECTION 6, T.3N.,
R.IE., B.M., PRELIMINARY PLAT, DWG.DATE: 04/11/03 ris, PROJ. NO. 3010, SHEET 1
OF 1 PRE-1, /3010-PRE.DWG, STAMP DATE: JUN 27 2003, RECEIVED JUN 27 2003 CITY
OF MERIDIAN CITY CLERK OFFICE, REVISIONS: 06/27/03 BKB, OWNERS OF
RECORD: HILLVIEW DEVELOPMENT CORPORATION and RALEIGH & DIEUW HAWE,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
TRAILWAY PARK SUBDIVISION / (PP-03-O11)
PAGE 3 OF 15
DEVELOPER: HILLVIEW DEVELOPMENT CORPORATION, BECKY McKAY:
PLANNER/CONTACT".
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
The Preliminary Plat of the applicant as evidenced by "TRAILWAY PARK
SUBDIVISION SECTION 6, T.3N., R.IE., B.M., PRELIMINARY PLAT, DWG.DATE:
04/11/03 ris, PROJ. NO. 3010, SHEET 1 OF 1 PRE-1, /3010-PRE.DWG, STAMP DATE: JUN
27 2003, RECEIVED JUN 27 2003 CITY OF MERIDIAN CITY CLERK OFFICE,
REVISIONS: 06/27/03 BKB, OWNERS OF RECORD: HILLVIEW DEVELOPMENT
CORPORATION and RALEIGH & DIEUW HAWE, DEVELOPER: HILLVIEW
DEVELOPMENT CORPORATION, BECKY McKAY: PLANNER/CONTACT", Hillview
Development Corporation, Developer is hereby conditionally approved; and
2. The conditions of approval are as follows to-wit:
A. Adopt the Special Recommendations of the Planning and Zoning Commission as
follows:
Delete items 5 and 6 from of staffs Site Specific Comments for the Preliminary
Plat.
Strike the last sentence from staff comment item 9 from staff's Site Specific
Comments for the Preliminary Plat.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
TRAILWAY PARK SUBDIVISION / (PP-03-011)
PAGE 4 OF 15
Add the following comments:
Require applicant to work with Mr. Feathergill and the Nampa-Meridian
Irrigation Association to remove the headgate on Mr. Feathergill's property. (See
letter G. hereinbelow from the Council action taken at their July 8, 2003
meeting.)
Require applicant to put a jungle gym and a slide on tot ]ot. (See letter G.
hereinbelow from the Council action taken at their July 8, 2003 meeting.)
B. Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows (changes recommended by the Planning and Zoning Commission are
not reflected in staff recommendations listed below):
SITE SPECIFIC COMMENTS /PRELIMINARY PLAT
1. Sanitary sewer and water service to this site shall be via main line extensions from
the existing mains adjacent to the property. Applicant will be responsible for
constructing the sewer and water mains to and through this proposed development.
Subdivision designer to coordinate main sizing and routing with the Public Works
Department. Applicant shall retain and protect, or restore the gravel access road
over the existing sanitary sewer main that traverses across the southern boundary of
the development. The back lot lines of lots 25 and 27, block 6 need to be adjusted
to provide a minimum of 10-feet clearance to the existing sanitary sewer main.
2. The preliminary plat map indicates that there are at least two ditches within the
boundaries of the development, however no details or notations have been provided
to indicate how they are going to be dealt with. Please provide information.
3. The applicant has indicated that the pressurized irrigation system within this
development will be owned and maintained by the Nampa & Meridian Irrigation
District. The system is going to be served by an existing NMID pumping facility in
the Fothergill Point Subdivision. The applicant has indicated that they will be
upgrading the capacity of the existing pumping facility to handle the Trailway Park
Subdivision. 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 ayear-round source of water. 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, asingle-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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDTfIONAL APPROVAL OF PRELIMINARY PLAT
TRAILWAY PARK SUBDIVISION / (PP-03-011)
PAGE 5 OF 15
signature on the final plat by the Meridian City Engineer.
4. A detailed fencing plan shall be submitted upon application of the final plat. A solid
fence shall be required around the perimeter of the subdivision unless the City
agrees in writing that such a fence is not required. fencing adjacent to the proposed
park shall be 4' in height (to increase the visibility of the park) and depicted in the
fencing plan. A note restricting the fencing adj acent to the park shall be added to the
Final Plat.
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Council action taken at their July 8, 2003 meeting.)
7. Add or revise the following preliminary plat notes:
•Add a note to the face of the plat that requires any re-subdivision of this plat to be in
compliance with the most recently approved subdivision standards of the City of
Meridian.
•Add a note to the face of the plat that restricts fencing adjacent to the pathways within
the subdivision to being no greater than four feet in height if solid sight-obscuring
material is used for fence construction.
8. Ten (10) copies of the revised plat has been submitted to the City Clerk's Office
for this plat.
9. Micro-paths in the following locations:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
TRAILWAY PARK SUBDIVISION / (PP-03-011)
PAGE 6 OF 15
Extend the proposed pathway to connect with the southeast corner of Lot 2,
Block 6 and E. Willow Brook Dr. This connection will improve the access to the
pathway for residents of the eastern part of the subdivision. -a
mirxFln~th thrnual ~ • ~ ~ i n rDi i c .,, :„.„„,. t_
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Ywtl:-°°~- -°°'r~~-(Strike-through per Council action taken at their July 8,
2003 meeting.)
10. Change ROW on James Court to 50' per the request of ACHD.
11. Add a Note stating that common lots owned and maintained by the homeowner's
association.
12. Remove existing gravel road from the proposed park (Block 9, Lot 3) or integrate
gravel road into the proposed pathway.
13. Submit all updated groundwater/soils monitoring data to the Public Works
Department for review. The original study report indicates that shallow
groundwater may be a factor, particularly in the northwest corner of the
development. Any drainage areas (detention/retentionbasfns) must be designed to
ensure that water is retained only during 100-year storm events, and for a period of
time not to exceed 24 hours. 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. 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. This is to ensure that the bottom elevation of the
crawl spaces of homes is at least 1-foot above groundwater.
GENERAL COMMENTS
Submit a copy of the Ada County Street Name Committee's approval letter for the
subdivision name, and the lot and block numbering. Make any corrections
necessary to conform.
2. Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
3. 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDTl'IONAL APPROVAL OF PRELIMINARY PLAT
TRAILWAY PARK SUBDIVISION / (PP-03-011)
PAGE 7 OF 15
4. All micro-paths within the proposed subdivision shall be designed in accordance
with MCC 12-13-15 "Micropath Landscaping".
5. A detailed landscape plan, in compliance with the landscape ordinance shall be
submitted for the subdivision with the final plat application.
6. Sidewalks within the proposed subdivision shall be built in accordance with
MCC12-13-10-8.
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.
All irrigation ditches, laterals or canals, exclusive ofnatural 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/drainagedfstrict, 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.
9. 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.
10. Developer shall coordinate mailbox locations with the Meridian Post Office.
11. 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 maybe used for non-domestic purposes such as landscape irrigation.
12. 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
TRAILWAY PARK SUBDNISION / (PP-03-011)
PAGE 8 OF 15
13. Applicant's engineer will be required to submit a signed, stamped statement
certifying that all street finish centerline elevations are set a minimum of three feet
above the highest established normal groundwater elevation.
C. Adopt the Recommendations of ACHD as follows:
A. Site Specif-c Conditions of Approval
Dedicate 42-feet ofright-of--way on Blue Heron Lane and provide a public
right's-of--way road trust deposit for one-half of a 29-foot street section with
curb, gutter and 5-foot concrete sidewalk, provide 24-feet of pavement as well as
the appropriate amount of fill required to fill the Jackson Drain on Blue Heron
Lane (from the west property line to Eureka Avenue).
2. Construct East James Court (from the West property line to North Eureka Place)
as a 40-foot street section with vertical curb, gutter and 5-foot concrete sidewalk
within 60-feet ofright-of--way, as proposed.
3. Construct East James Court (from North Eureka Place to East Cougar Drive) as a
residential collector with a 36-foot street section with vertical curb, gutter and a
detached 4-foot concrete sidewalk (within an easement) within 50-feet ofright-
of-way, as proposed. Front on housing and parking is prohibited on this
roadway.
4. Construct the internal roadways as 36-foot street sections with curb, gutter and
sidewalk within 50-feet ofright-of--way, as proposed. Construct a 5-foot attached
on the majority of the internal roadways, with the exception of a 4-foot detached
sidewalk on East Cougar Drive (from East Chateau Drive to East Blue Heron
Street), James Court (from North Eureka Avenue to East Cougaz Drive) and East
Chateau Drive (from East Cougar Drive to North Grouse Avenue), as proposed.
5. Extend East James Court from the west property line approximately 430-feet
north of the south property line, as proposed.
6. Extend East Willow Brook Drive from the east property line approximately 100-
feet north of the south property line, as proposed.
Extend Blue Heron Street from the east property line approximately 100-feet
south of the north property line, as proposed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
TRAILWAY PARK SUBDIVISION / (PP-03-011)
PAGE 9 OF 15
8. Extend Cape cod Way from the north property line approximately 370-feet west
of the east property line, as proposed.
9. Extend North Eureka Avenue from the North property line approximately 100-
feet east of the west property line, as proposed.
10. Extend Blue Heron Lane from the west and north property lines, as proposed.
11. Construct one cul-de-sac tumazound at the north end of Eureka Place, as
proposed. Provide a minimum turning radius of 45-feet.
12. Construct two knuckles within the subdivision, as proposed. The design shall be
reviewed and approved by ACHD's Development staff:
13. Any proposed landscape islands/medians within the publicright-of--way
dedicated by this plat shall be owned and maintained by a homeowners
association. Notes of this shall be required on the final plat.
14. Direct lot access to this segment of James Court (from the west property line to
Cougar Drive) is prohibited.
15. Comply with all Standard Conditions of Approval.
B. Standard Conditions of Approval
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 maybe
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 wnstruction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standazds and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIIVIINARY PLAT
TRAILWAY PARK SUBDIVISION / (PP-03-011)
PAGE 10 OF 15
specifically waived herein. An engineer registered in the State of Idaho 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.
Payment of applicable road impact fees are required prior to building
construction in accordance with Ordinance #197, also known as Ada County
Highway District Road Impact Fee Ordinance.
9. 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.
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
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.
D. Adopt the Meridian Fire Department Recommendations as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
TRAiLWAY PARK SUBDIVISION / (PP-03-011)
PAGE 11 OF 15
1. One and two family dwellings will require afire-flow of 1,000 gallons per minute
available for duration of 2 hours to serve the entire project. Fire hydrants shall be
placed an average of 400' apart. 1997 UFC Appendix III-A
2. Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department,
which are submitted to the Public Works Department.
4. The phasing plan may require that any roadway greater than 150' in length that is not
provided with an outlet shall be required to have a turn around.
5. All roads shall have a fuming radius of 28' inside and 48' outside.
6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation
per section 1103.2.4 of the Uniform Fire Code.
7. Operational fire hydrants and temporary or permanent street signs aze required before
combustible construction begins. UFC 901.4.2 & 901.3
E. Adopt the Recommendation of Nampa & Meridian Irrigation District as follows:
1. Nampa & Meridian hTigafion District requires aland-use change
application. All storm drainage must be retained on site. All lateral and
waste ways must be protected. The Developer must comply with Idaho
Code #31-3905.
2. Nampa & Meridian's Jackson Drain courses through the center of the
proposed project. The easement of the Jackson Drain must be protected
and any encroachment without approved plans and a signed license
agreement is unacceptable.
F. Adopt the Recommendations of Settlers' Irrigation District as follows:
That all irrigation/drainage facilities along with their easements be
protected and continue to function. The lateral involved is the Watts
Lateral #49. This lateral must confinue delivery to the proposed
subdivision.
2. A license agreement will need to be signed and recorded prior to
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
TRAILWAY PARK SUBDIVISION / (PP-03-011)
PAGE 12 OF 15
construction of any S.I.D. facilities.
3. Any changes to the existing irrigation system such as relocation, filing,
and landscaping must be approved by Settlers' Irrigation District.
4. All storm drainage must be retained on site.
5. The development must supply irrigation access to all lots within the
above-mentioned subdivision. If the developer wishes to have Settlers'
Irrigation District own, operate, and maintain the pressure irrigation
system an agreement needs to be in place prior to the pre-construction
meeting.
G. Adopt the action of the City Council taken at their July 8, 2003 meeting as follows:
1. The applicant shall not be required to provide the 35' landscape buffer on
the west end of the property. The existing ponds adjacent to the property
serve as significant buffers from the meat processing facility.
2. The applicant shall be required to build an asphalt pathway, according to the
Nampa & Meridian hrigation District standards or the Parks Department
standards, and pipe the drain through the pocket park within the middle
section of this amenity. The applicant shall be required to submit a plan to
the Planning and Zoning Department for approval of the playground
equipment or recreation equipment to be used for this amenity. Also, this
pathway shall be included within the plat notes that the pathway is for mulfi-
use and not for private access only. In the event that Nampa & Meridian
Irrigation District requires a License Agreement with the City for the
pathway along the Jackson Drain, the Homeowner's Association shall enter
into an indemnity agreement whereby it will assume the obligations of the
City under the License Agreement, and, defend and hold the City harmless
from any liability asserted for violation of, or arising out of, the License
Agreement.
The applicant shall be allowed to upgrade the existing pressure irrigation
pump station for Fothergill Subdivision, if the Nampa & Meridian Irrigation
District gives their written approval and the applicant submits said written
approval to the Planning and Zoning Department, which would then become
a regional pump station for Fothergill subdivision and the Trailway Park
Subdivision. The applicant shall also submit recommendation to the
Planning and Zoning Department setting forth who will actually own and
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
TRAILWAY PARK SUBDIVISION / (PP-03-011)
PAGE 13 OF 15
maintain said pump station.
4. Pertaining to the headgate, which is located on Mr. Fothergill's property, the
applicant shall work with the Nampa & Meridian Irrigation District to
determine if the headgate has a present purpose, or if it can be abandoned
and removed. Applicant shall work with neighbors to resolve this issue.
5. The Watts Lateral, which courses through part of the project, is a user's
ditch, and Settler's Irrigation District is not requiring a separate lot but only
that the applicant shall pipe the ditch along the perimeter which courses
through the project, and to provide an easement for access for the District.
The easement width shall be as agreed upon between Settler's Irrigation
District and the applicant.
6. Pertaining to the fencing requirements for the pathway and micro-paths
within this project, any lots that run with the pathway and/or micro-paths
shall either be an open vision fence or solid fencing with a maximum height
of four feet. The applicant shall submit a fencing plan to the Planning and
Zoning Department for approval.
7. The revised plat for this project is dated June 27, 2003, and is hereby
approved.
NOTICE OF 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 maybe filed.
By acfion of the City Council at its regular meeting held on the 22.."`~
day of , 2003.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDTTIONAL APPROVAL OF PRELIMINARY PLAT
TRAII,WAY PARK SUBDIVISION / (PP-03-011)
PAGE 14 OF 15
ROLL CALL
COUNCILMAN BIRD VOTED ~~~t
COUNCILWOMAN deWEERD VOTED Z~Ik
COUNCILWOMAN McCANDLESS VOTED
COUNCILMAN NARY VOTED L~~l
MAYOR ROBERT D. CORRIE VOTED
(TIE BREAKER)
DATED: ~ _ 22-03
MOTION:
APPROVED: C~ DISAPPROVED:
Attest:
G~~~ ur M~G
D. Come
William G. Berg, Jr.,
Copy served upon Applicant, The
Department and City Attorney.
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City Clerk ~-
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
TRAILWAY PARK SUBDIVISION / (PP-03-011)
PAGE 15 OF 15