HomeMy WebLinkAboutBirchstone Creek PP 03-008BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 07/08/03
C/C 07/15/03
IN THE MATTER OF THE
REQUEST FOR PRELIMINARY
PLAT FOR BIRCHSTONE CREEK
SUBDIVISION FOR A PLANNED
DEVELOPMENT CONSISTING OF
90-LOT RESIDENTIAL
SUBDIVISION AND 7 OTHER
LOTS ON 34.52 ACRES TO BE
KNOWN AS BIRCHSTONE CREEK
SUBDIVISION, LOCATED AT THE
NORTHWEST CORNER OF
USTICK ROAD AND BLACK CAT
ROAD, MERIDIAN, IDAHO
Case No. PP-03-008
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY
PLAT
BY: CENTENNIAL
DEVELOPMENT,LLC,
APPLICANT
The above entitled matter coming on regularly for public hearing before the City Council
on July 8, 2003, and continued until July 15, 2003, and Anna Powell Planning Director for the
Planning and Zoning Department, and Kevin Amar, appeared and testified, and the City Council
having received a report from Brad Hawkins-Clazk Planner III 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
and Zoning Commission and the applicant having submitted the "CENTENNIAL
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BIRCHSTONE CREEK SUBDIVISION / (PP-03-008)
PAGE 1 OF 15
DEVELOPMENT, LLC BIRCHSTONE CREEK SUBDIVISION A PARCEL OF LAND ALL
LOCATED IN THE SEl/4 OF SE1/4 OF SECTION 33 T.RN., R.1W, B.M., ADA COUNTY,
IDAHO 2003, CENTENNIAL DEVELOPMENT, LLC BIRCHSTONE CREEK SUBDIVISION
PRELIMINARY PLAT, OFFICE: BOISE /System: WHP-BOI-642158 /User: LBAILY,
DRAWN BY: LMB, SHEET 1, PROJECT NO. 80329, DRAWING FILE NAME: lbnpel0,
APPROVED BY: DJU/DSS, LAST EDIT: 04/16/03, PLOT DATE: 07/14/03, HANDWRITTEN
DAE: 7/14/2003, CENTENNIAL DEVELOPERS, LLC -DEVELOPER, W&H PACIFIC -
ENGINEER, SHAWN NICKEL - PLANNER/CONTACT", Centennial Development, LLC,
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
1. That the proposed development is in substantial 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
BIRCHSTONE CREEK SUBDIVISION / (PP-03-008)
PAGE 2 OF 15
3. Although still under investigation, it is found that sanitary sewer service should be
available to the lots within the proposed subdivision. Sanitary sewer service to this site is
proposed via the existing lift station within the Ashford Greens Subdivision. This station pumps
to an existing gravity sewer main located in Ustick Road. The applicant shall be responsible for
any and all costs associated with any upgrades, to the City of Meridian's standards and
specifications, necessary for this project. The applicant will be responsible to construct lateral
sewer mains to and through this proposed development. The subdivision designer to coordinate
main sizing and routing with the Public Works Department. This development shall be subject
to the Ashford Greens sewer latecomers fees. In lieu of installing the 42" dry line sewer in Black
Cat Road, a Black Cat Trunk development fee of $1,500.00 per dwelling unit shall be assessed
against this development. Payment of the trunk development fees and latecomer fees are
required prior to signature on the final plat for each phase by the City Engineer. Water service
shall be from mains installed adjacent to the project site, and the plat shall comply with the
requirements and conditions hereinafter set forth as conditions of preliminary plat approval.
It is also found that the development may require expenditures of public funds if the City
desires Alderstone Street to be extended across the Eight Mile Lateral in the future. Abridge in
this location would likely require public funds. If only a cul-de-sac is constructed, this could be
made affirmative.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BIRCHSTONE CREEK SUBDIVISION / (PP-03-008)
PAGE 3 OF 15
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: "CENTENNIAL DEVELOPMENT, LLC BIRCHSTONE
CREEK SUBDNISION A PARCEL OF LAND ALL LOCATED IN THE SEl/4 OF SEl/4 OF
SECTION 33 T.RN., R.1 W., B.M., ADA COUNTY, IDAHO 2003, CENTENNIAL
DEVELOPMENT, LLC BIRCHSTONE CREEK SUBDIVISION PRELIMINARY PLAT,
OFFICE: BOISE /System: WHP-BOI-642158 /User: LBAILY, DRAWN BY: LMB, SHEET 1,
PROJECT NO. 80329, DRAWING FILE NAME: lbnpel0, APPROVED BY: DJU/DSS, LA5T
EDIT: 04/16/03, PLOT DATE: 07/14/03, HANDWRITTEN DAE: 7/14/2003, CENTENNIAL
DEVELOPERS, LLC -DEVELOPER, W&H PACIFIC - ENGIlVEER, SHAWN NICKEL -
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:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BIRCHSTONE CREEK SUBDIVISION / (PP-03-008)
PAGE 4 OF 15
IT IS HEREBY ORDERED AND THIS DOES ORDER
The Preliminary Plat of the applicant as evidenced by "CENTENNIAL
DEVELOPMENT, LLC BIRCHSTONE CREEK SUBDIVISION A PARCEL OF LAND ALL
LOCATED IN THE SEl/4 OF SEl/4 OF SECTION 33 T.RN, R.1 W., B.M., ADA COUNTY,
IDAHO 2003, CENTENNIAL DEVELOPMENT, LLC BIRCHSTONE CREEK
SUBDIVISION PRELIMINARY PLAT, OFFICE: BOISE /System: WHP-BOI-642158 /User:
LBAILY, DRAWN BY: LMB, SHEET 1, PROJECT NO. 80329, DRAWING FILE NAME:
lbnpel0, APPROVED BY: DJU/DSS, LAST EDIT: 04/16/03, PLOT DATE: 07/14/03,
HANDWRITTEN DAE: 7/14/2003, CENTENNIAL DEVELOPERS, LLC -DEVELOPER,
W&H PACIFIC -ENGINEER, SHAWN NICKEL - PLANNER/CONTACT", Centennial
Development, LLC, 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:
1. The out parcel on the north boundary (Ada County Pazcel No. 50433449100)
shall be included as a lot within the Birthstone Creek Subdivision.
2. Lots 5-9, Block 5, adjacent to the Eight Mile Lateral, shall be required to provide
a consistent landscape treatment on or adjacent to the non-combustible Eight
Mile fence to provide a consistent appearance from Ustick Road.
3. Applicant shall revise the Preliminary Plat to correct the lot numbers in Block 6
to eliminate the duplicate lot number 7.
B. Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BIRCHSTONE CREEK SUBDIVISION / (PP-03-008)
PAGE 5 OF 15
1. Water service to this site shall be via main line extensions from the existing mains
adjacent to the property. The applicant shall be required to extend water mains to
and through the proposed development, thereby making them available to the
adjacent properties (including the entire Black Cat Road frontage.) Applicant shall
coordinate main sizing and routing with the Public Works Department. Provision
for a water main loop will be required into the school site.
2. Although still under investigation, staff finds that sanitary sewer service should be
available to the lots within the proposed subdivision. Sanitary sewer service to this
site is proposed via the existing lift station within the Ashford Greens Subdivision.
This station pumps to an existing gravity sewer main located in Ustick Road. The
applicant shall be responsible for any and all costs associated with any upgrades, to
the City of Meridian's standards and specificafions, necessary for this project. The
applicant will be responsible to construct lateral sewer mains to and through this
proposed development. The subdivision designer to coordinate main sizing and
routing with the Public Works Department. This development shall be subject to
the Ashford Greens sewer latecomers fees. In lieu of installing the 42" dry line
sewer in Black Cat Road, a Black Cat trunk development fee of $1,500.00 per
dwelling unit shall be assessed against this development. Payment of the trunk
development fees and latecomer fees are required prior to signature on the final plat
for each phase by the City Engineer. Water service shall be from mains installed
adjacent to the project site.
3. The applicant has not indicated who will own and maintain the pressurized irrigation
system within this development, nor has the system been shown on the preliminary
plat. If the pressurized irrigation system within this development is to remain a
private Homeowners Association system, complete plans and specifications shall be
reviewed by the Public Works Department as part of the development plan review
process. A draft copy of the pressurized irrigation system O&M manual must be
submitted prior to plan approval. The City of Meridian requires that pressurized
irrigation systems be supplied by a year-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 berequired. If asingle-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 Meridian City Engineer. Show the pressurized
irrigation system, including the source facilities, on the preliminary plat map.
4. A detailed fencing plan shall be submitted upon application of the final plat. Fencing
adjacent to micropaths shall be constructed by the developer, in accordance with the
Landscape Ordinance (MCC12-13-15-9). A solid fence shall be required along the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BIRCHSTONE CREEK SUBDIVISION / (PP-03-008)
PAGE 6 OF 15
north boundary ofthe subdivision, unless the City agrees in writing that such a fence
is not required. Fencing adjacent to the Eight Mile Lateral on the west and south
boundaries of the subdivision shall be open vision and non- combustible, unless the
City otherwise agrees in writing.
5. Anew paved micropath shall be extended through Block 6 in the general area of lots
13 and 14 to accommodate sanitary sewer extension to the future school lot.
6. 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.
7. Add or revise the following preliminary plat notes:
(5.) All interior water mains shall be 8"Ql, and exterior mains shall be 12"O
unless otherwise shown or reauired during detailed plan review.
(6.) Pressurized irrigation system to be d owned and o en rated b~
(10.) All fencine adiacent to micropath lots and internal oven-space/drainage lots
shall be limited to four-feet 4' in hei t if constructed of a solid si t obscurin
material.
(11.1 Direct lot access to Black Cat Road and Ustick Road shall be prohibited
unless specifically permitted by ACHD and the City of Meridian
(12J Anv re-subdivision ofthis plat shall be in compliance with the most recently
approved subdivision standards of the City of Meridian
(13.) A note shall be added to the Dlat statin¢ that this subdivision is subiect to
the terms of the Right to Farm Act pertaining to adiacent agricultural parcels
8. Any drainage areas (detension/retension basins) 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.
9. A detailed landscape plan, in compliance with the landscape ordinance, shall be
submitted with the Final Plat application(s).
10. Graphically depict any FEMA flood plain boundaries. Note restrictions associated
with the flood zone on the face of the preliminary plat.
11. In lieu of installing the 42" dry line sewer in Black Cat Road, a Black Cat trunk
development fee of $1,500.00 per dwelling unit shall be assessed against this
development.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BIItCHSTONE CREEK SUBDIVISION / (PP-03-008)
PAGE 7 OF 15
12. Amend the western terminus of Alderstone Street to provide a public cul-de-sac,
designed to meet Fire Department and ACHD turnaround and access standards.
13. Lot 7, Block 2 does not meet the minimum street frontage requirement on the
Beechstone Street frontage. Either adjust the lot frontage to conform to the
minimum 65-foot frontage, or place an arrow on the lot to signify the front of the
lot/house towards Maplestone Avenue.
14. Revise the preliminazy plat to show how the existing supply/drainage ditches that
are within the boundaries of the subdivision aze to be treated (ie. piped, abandoned,
etc.) Show all existing and proposed easements for these ditches.
15. Submit revised conceptual engineering sewer profiles to the Public Works
Department for the alignment as submitted on the 4/21/03 plans.
16. Applicant has indicated that surface storm water is to be managed by sub-surface
disposal facilities, however nothing has been shown graphically on the
preliminary plat map. Please revise the plat to show flow directions, and location
of proposed facilities.
17. The applicant has submitted a memorandum from Geo Engineers stating
groundwater was not encountered within 12 feet of the surface. All drainage
areas (detention/retentionhasins) 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
1. 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BIRCHSTONE CREEK SUBDIVISION / (PP-03-008)
PAGE 8 OF 15
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, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
4. Two-hundred, and one-hundred-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.
5. 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. The ditches to be piped should be shown on the site
plans. Plans will need to be approved by the appropriate irrigation/drainage district,
or lateral users association, with written confirmation of said approval submitted to
the Public Works Department.
C. Adopt the Recommendations of ACHD as follows:
The applicant shall choose one of the following options:
i. Dedicate by donation an additiona123-feet ofright-of--way along Ustick
Road and Black Cat Road, and construct a minimum 5-foot wide
concrete sidewalk along Ustick Road and Black Cat Road, located a
minimum of 41-feet from the centerline of the right-of--way.
ii. Do not dedicate additional right-of--way, but construct a minimum 5-foot
wide concrete sidewalk along Ustick Road and Black Cat Road, located a
minimum of 41-feet from the centerline of the right-of--way, in an
easement provided to the District.
iii. Do not dedicate additional right-of--way, but construct a minimum 5-foot
wide concrete sidewalk along Ustick Road and Black Cat Road, located
at the back edge of the existing right-of--way. Accomplish all necessary
adjustments to properly accommodate existing drainage and utilities.
2. Construct Red Birch Avenue to intersect with Ustick Road and align or
offset Sweetwood Drive a minimum of 300-feet (measured centerline to
centerline).
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BIltCHSTONE CREEK SUBDIVISION / (PP-03-008)
PAGE 9 OF 15
3. Construct Birthstone Street (a residential collector roadway) to intersect
Black Cat Road approximately 660-feet north of Ustick Road, as
proposed.
4. Align the intersections of Willowstone Street/Bed Birch Avenue and
Alderstone Street/Red Birch Avenue or provide a minimum offset of 125-
feet (measured centerline to centerline).
Align Red Birch Avenue and Oakstone Avenue (neaz Pinestone Street) or
provide a minimum offset of 125-feet (measured centerline to centerline).
6. Align Red Birch Avenue and Oakstone Avenue (near Aspen Street) or
provide a minimum offset of 125-feet (measured centerline to centerline).
7. Construct Red Birch Avenue (from Ustick Road to Pinestone Street) as a
residential collector roadway with a 36-foot street section with vertical
curb, gutter and 5-foot sidewalk within 50-feet ofright-of--way, as
proposed. This roadway shall have no front-on housing and pazking is
prohibited. Coordinate the signage Program with District staff.
8. Construct Birthstone Street from Black Cat Road to Elmstone Avenue as
a residential collector roadway with a 36-foot street section with vertical
curb, gutter and 5-foot sidewalk within 50-feet ofright-of--way, as
proposed. This roadway shall have no front-on housing and parking is
prohibited. Coordinate the signage Program with District staff.
9. Construct the remainder of the internal roadways as 36-foot street
sections with rolled curb, gutter and 5-foot concrete sidewalk within 50-
feet ofright-of--way, as proposed.
10. Provide an easement through the common lot(s) on Alderstone Street or
Red Birch Avenue for the out pazcel that is located on Ustick Road.
11. Construct Alderstone Street as a stub street to the west property line
approximately 170-feet north of Ustick Road, as proposed. Construct
Alderstone Street as a stub street to the west property line (ensuring that a
stub street will be available in the future if it is desired) with a permanent
cul-de-sac turnaround constructed at the terminus of the roadway with a
sign stating that, "THIS ROAD WILL BE EXTENDED IN THE
FUTURE".
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BIRCHSTONE CREEK SUBDIVISION / (PP-03-008)
PAGE 10 OF 15
12. Construct Ashston Avenue as a stub street to the north property line
approximately 340-feet west of Black Cat Road, as proposed. Install a
barricade or bollards at the terminus of the roadway with a sign stating
that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
13. Provide a minimum fuming radius of 45-feet for all cul-de-sac
turnarounds.
14. Construct four (4) knuckles within the subdivision, as proposed.
15. Other than the access points specifically approved with this application,
direct lot access to Ustick Road and Black Cat Road is prohibited.
16. Other than the access points specifically approved with this application,
direct lot access and parking will be prohibited on Red Birch Avenue
(from Ustick Road to Pinestone Street) and Birchstone Street (from Black
Cat Road to Elmstone Avenue).
17. Comply with all Standard Conditions of Approval.
D. Adopt the Meridian Fire Department Recommendations as follows:
1. That afire-flow of 1,000 gallons per minute be available to service the entire project.
Fire hydrants shall be placed an average of 500' apart. 1997 UFC Appendix III-A
2. Operational fire hydrants and temporary or permanent street signs aze required before
combustible construction begins. UFC 901.4.2 & 901.3
3. Acceptance of water supply for fire protection is contingent upon acceptance of the
water system by the City of Meridian for water quality.
4. All radii shall be 28' inside and 48' outside radius.
5. Provide an approved turnaround for all streets greater than 150' in length that have no
outlet. It appears that the plan as submitted with a snoopy turnaround meets this
requirement.
E. Adopt the Recommendation of Nampa & Meridian hrigafion District as follows:
1. Applicant shall apply for a land use change/site application.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BIRCHSTONE CREEK SUBDIVISION / (PP-03-008)
PAGE 11 OF 15
2. All storm drainage must be retained on site.
3. All laterals and wasteways must be protected. The Developer must
comply with Idaho Code 31-3805.
4. NMID recommends that Irrigation be made available.
F. Adopt the Recommendations of the Central District Health Department as
follows:
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. Storntwater shall be pretreated through a grassy Swale prior to discharge
to the subsurface to prevent impact to groundwater and surface water
quality.
5. 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.
G. Adopt the action of the City Council taken at their July 15, 2003 meeting as
follows:
The Plat has been revised to add more space to the park located at Lot 5
of Block 6 in order to meet the Landscape Ordinance requirement of 5%
open space. This open space at Lot 5 Block 6, along with other smaller
landscaped entryway lots within the subdivision, will be permanent part
of the subdivision, and which will be owned and maintained by the
Homeowners Association. The Plat dated 07/14/03 is approved by the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIIvIINARY PLAT
BIRCHSTONE CREEK SUBDIVISION / (PP-03-008)
PAGE 12 OF 15
Council.
2. For clarification, since the applicant has altered the plat by adding azea to
the park located at Lot 5 of Block 6 in order to meet the Landscape
Ordinance of the 5% open space, this open space at Lot 5 Block 6, along
with other smaller landscaped entryway lots within the subdivision shall
be a permanent part of the subdivision and owned and maintained by the
Homeowners Association. Also during the construction the applicant
shall also be improving approximately 33,300 square feet of the future
school site in order to provide additional useable open space; at the time
the school is constructed this area will be incorporated into the
playground for the elementary school which is Lot 6 Block 6 on the
preliminary plat. This information for the 33,300 square feet usage has
been added as a note to the Preliminary Plat and shall be incorporated
within the CC&R's for Birchstone Creek Subdivision. The applicant
additionally stated at the public hearing on July 15, 2003 that a sign shall
be placed at this site to notify potential buyers that Block 6, Lot 6 and 7
will be the future site of an elementary school, and that a portion of the
present open space will eventually become part of the elementary school
playground.
The applicant shall also coordinate with Wendel Bigham, of the Meridian
Joint School District No. 2, on how this open space shall be watered, and
provide written proof to the Planning and Zoning Department on how the
transfer of the lot and incorporation into the school site will be
accommodated.
3. The applicant shall be required access into the school area through the
park, and provide for emergency vehicle access.
NOTICE OF RIGHT TO REGULATORY TAHINGS 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BIRCHSTONE CREEK SUBDIVISION / (PP-03-008)
PAGE 13 OF 15
within which a Petition for Judicial Review maybe 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-eight (28) days after the date of this decision and order, seek a judicial review as
provided by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the
J~~
day of s f , 2003.
ROLL CALL
COUNCILMAN BIRD VOTED
COUNCILWOMAN deWEERD VOTED
COUNCILWOMAN McCANDLESS VOTED~~-
COUNCILMAN NARY VOTED~~-
MAYOR ROBERT D. CORRIE VOTED
(TIE BREAKER)
i~eWerztC.
-f- G~j Cor,~c~
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BIRCHSTONE CREEK SUBDIVISION / (PP-03-008)
PAGE 14 OF 15
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Department and City Attorney.
Public Works
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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
BIRCHSTONE CREEK SUBDIVISION / (PP-03-008)
PAGE 15 OF 15
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