HomeMy WebLinkAboutBienville Square Subdivision MFP-09-003BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE REQUEST
TO MODIFY THE SIX FOOT DECORATIVE
MASONRY WALL ALONG THE WESTERN
BOUNDARY APPROVED WITH FINAL
PLAT LANDSCAPING PLAN
FOR
BIENVILLE SQUARE SUBDIVISION
BY: IDAHO MUTUAL TRUST
APPLICANT
Case No. MFP 09-003
ORDER OF
CONDITIONAL
APPROVAL
The above entitled matter having come on for public hearing before the City
Council on February 2, 2010, at the hour of 7:00 o'clock p.m. at Meridian City Hall, 33
East Broadway Avenue, Meridian, Idaho, and the City Council takes judicial notice of its
action of the approval with conditions of the request to modify the final plat MFP 09-003
and the hearing was opened on the application. William Parsons, Associate City Planner,
and Anna Canning, Planning Director, for the Planning Department, and Tom Buuck on
behalf of Idaho Mutual Trust, appeared and testified, and the City Council based upon its
Findings of Fact and Conclusions of Law, and Decision and Order in Case No. MFP 09-
003 does hereby approve the request to modify the six-foot decorative masonry wall
along the western boundary approved with the final plat landscaping plan.
FWDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF MODIFICATION OF
FINAL PI,A'I' FOR f31FNVILLE SQUARE SUBDIVISION; CASE NO. MFP-09-003
PAGE I OF 3
FINDINGS OF FACT
The approved final plat required the Applicant to install asix-foot decorative split
face concrete block wall with the decorative portion facing the adjoining residences to the
west. The Applicant constructed asix-foot decorative split face concrete block wall with
the decorative portion facing the interior of their projects. Furthermore, there is a 20-foot
gap in the wall where it would cross an irrigation easement. The Applicant's request was
to modify the final plat condition to allow the wall as constructed. It is found that the
Applicant's request to City Council is not reasonable granted as requested, but Council
has approved the request modify the six foot decorative masonry wall along the western
boundary approved with the final plat landscaping plan in Case No. MFP 09-003 with the
following amendments and conditions.
DECISION AND ORDER
In addition the Council ordered that the Applicant's Request to Modify the Final
plat is approved with conditions. Pursuant to the City Council's authority and based
upon the above and foregoing testimony, comments, Findings of Fact which are herein
adopted with the following additional conditions and considerations:
1) The applicant shall not be required to construct a decorative cap on the top
of the wall.
2) The applicant shall properly backfill, compact and fine grade the soil and
install perma-bark in the 4 foot buffer on the western boundary of their property between
the concrete masonry wall and the adjoining property owners or pay the cost of labor and
materials for said work to the adjoining property owners.
FWDINGS OF FAC'i AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF MOD[FICATION OF
FINAL PLAT FOR BIENVILLE SQUARE SUBDIVISION; CASE NO. MFP-09-003
PAGE 2 OF 3
3) The applicant shall cover the exposed wall facing the neighbors that are in
dispute as of this hearing with a one of four options: a hand troweled texture, a spray on
texture; an acid wash texture; or pay $3000.00 to the each of three adjacent property
owners.
4) Pursuant to Amendment Number 1 of the Lateral Easement and License
Agreement, incorporated herein by reference, the applicant shall construct a concrete
masonry wall as depicted in the agreement in the twenty foot (20') opening that currently
exists in the wall between the applicant's property and the adjoining property.
5) A maximum five occupancies may be released, from February 2, 2010, for
this subdivision and that no additional building permits will be issued until the conditions
2, 3, and 4 of this order are completed.
IT IS HEREBY ORDERED AND THIS DOES ORDER, that the City Council does
hereby approve the request to modify the six-foot decorative masonry wall along the
western boundary approved with the final plat landscaping plan, MFP 09-003 with
conditions.
By action of the City Council at its regular meeting held on the 23 day of
February, 2010.
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Copy served upon Applicant, the Pfd q`g Department, Public Works
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF MODIFICATION OF
FINAL PLAT FOR BIENVILLE SQUARE SUBDIVISION; CASE NO. MFP-09-003
PAGE 3 OF 3