HomeMy WebLinkAboutSouthern Springs PP 03-016BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 09/09/03
IN THE MATTER OF THE
REQUEST FOR PRELIMINARY
PLAT FOR SOUTHERN SPRINGS
SUBDIVISION FOR AN 11 LOT
COMMERICAL SUBDIVISION ON
10.97 ACRES LOCATED ON THE
SOUTHEAST CORNER OF
OVERLAND ROAD AND
HIGHWAY 69, MERIDIAN, IDAHO
Case No. PP-03-016
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY
PLAT
BY: THE LAND GROUP, INC.,
APPLICANT
The above entitled matter coming on regularly for public hearing before the City
Council on September 9, 2003, and Anna Powell Planning Director for the Planning and
Zoning Department, and David Koga, Richazd Jewell, Darrell Tomlinson, Dale Rogers,
Jeff Rowe, Ginger Jewell, Raleigh Bunch, and Gary Smith and Brad Watson of the Public
Works Department, appeared and testified, and the City Council having received a report
from Brad Hawkins-Clark 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 "PRELIMINARY PLAT
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SOUTHERN SPRINGS / (PP-03-016)
PAGE 1 OF 16
SOUTHERN SPRINGS SUBDIVISION LOCATED IN A PORTION OF THE NW '/
OF THE NW '/ OF SECTION 19 TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE
MERIDIAN, ADA COUNTY, IDAHO 2003, SOUTHERN SPRINGS MERIDIAN
IDAHO, Project Number: 03062, Designed By: ML/RH/KK, Drawn By: RH, Checked
By: ML, Issue Date: 5-30-03, Sheet Title: PRELIMINARY PLAT, Sheet Number: PP-1,
Roger Michener & Lawrence Ross -Developer-Owner, The Land Group, Inc. -
Engineer", The Land Group, Inc., 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 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 C-G, and requires connection to the Municipal Water and Sewer
System. [Meridian City Code § 11-7-2 K]
2. The preliminary plat is in conformance with the Amended Comprehensive Plan
City of Meridian adopted August 6, 2002, Resolution No. 02-382, including Chapter VII, Goal I,
Obj. B, #5, Chapter VII, Goal IV, Obj. A., #6, Chapter IV, Goal I, Obj. A, #6, Chapter TV, Goal
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIIvIINARY PLAT
SOUTHERN SPRINGS / (PP-03-016)
PAGE 2 OF 16
II, Obj. A, Chapter V, Goal I, Obj. A, Chapter V, Goal I, Obj. A, #11, Chapter V, Goal I, Obj. A,
#4, and Chapter V, Goal III, Obj. B, #6. It is found that the subject property is designated as
Commercial" on the Future Land Use Map. The purpose of this designation is "to provide a full
range of commercial and retail" services, including retail, wholesale, office and other similar
uses. The existing C-G zoning conform to this stated purpose of the Comprehensive Plan
designation.
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. It is found that public services aze readily
available to the lots within the proposed subdivision, provided changes as may be required by the
Public Works and Building Departments are made. The developer is proposing to utilize the
existing sewer trunk line adjacent to Ten Mile Creek.
It is also found that the proposed uses will impact the level and flow of traffic on the
surrounding streets. By 2007 (build-out), the Traffic Impact Study estimates this development to
generate 13,945 average daily trips. Of these trips, 1,395 are estimated to be captured within the
subdivision and 5,773 trips are estimated to be pass-by traffic The development would generate
an average of 6,775 new vehicle trips per day on adjacent roadways. By 2007, the study projects
a Level of Service D for the Meridian/Overland Road intersection in the AM and a LOS for the
PM. The need for a deceleration lane on Meridian Road/SH 69 was confirmed by the study.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SOUTHERN SPRINGS / (PP-03-016)
PAGE 3 OF 16
Also, in accordance with the Comprehensive Plan Policy #12 (pg. 79) and policy #2 (pg.
107), it is found that the number of vehicular access points to Meridian Road/SH 69 should be
restricted and comply with ITD policies in order to preserve the capacity and movement on the
roadway at build-out.
4. The proposed development is a continuity of the proposed development within the
City's Capital hnprovement Program and if the conditions, which are 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. It is found that the development will not require major
expenditures for supporting services. The developer will fund and construct the majority of the
supporting services.
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. It is also found that as long as the developer
complies with all regulatory agency standards, no health, safety or environmental problems are
anticipated by this development.
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SOUTHERN SPRINGS / (PP-03-016)
PAGE 4 OF 16
7. The applicant has submitted for consideration of this approval drawing of the
preliminary plat herein designated as: "PRELIMINARY PLAT SOUTHERN SPRINGS
SUBDPJISION LOCATED IN A PORTION OF THE NW '/a OF THE NW '/a OF SECTION 19
TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO 2003,
SOUTHERN SPRINGS MERIDIAN IDAHQ Project Number: 03062, Designed By:
ML/RH/KK, Drawn By: RH, Checked By: ML, Issue Date: 5-30-03, Sheet Title:
PRELIMINARY PLAT, Sheet Number: PP-1, Roger Michener & Lawrence Ross - Developer-
Owner, The Land Group, Inc. -Engineer".
8. The property owner of record is Queenland Acres, represented by Mr. Theron Scott
of Meridian, Idaho. Mr. Scott has provided notarized consent for the subject application.
9. The City Council recognizes the concerns of the residents of Running Brook
Subdivision, in their letter dated July 25, 2003; Blaine and Mary Jane Bennett in their letter dated
August 1, 2003; Raleigh and Myrna Bunch in their letter received August 5, 2003; Dale and
Tammy Rogers in their letter dated August 28, 2003; Geraldine Snowball in her letter dated
August 30, 2003; and Carla Everhart, Association Manager on behalf of the Meridian Greens
Homeowners Association, in her letter dated September 3, 2003.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDPl'IONAL APPROVAL OF PRELIMINARY PLAT
SOUTHERN SPRINGS / (PP-03-016)
PAGE 5 OF 16
1. The Preliminary Plat of the applicant as evidenced by "PRELIMINARY PLAT
SOUTHERN SPRINGS SUBDIVISION LOCATED IN A PORTION OF THE NW '/< OF THE
NW '/ OF SECTION 19 TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA
COUNTY, IDAHO 2003, SOUTHERN SPRINGS MERIDIAN IDAHO, Project Number:
03062, Designed By: ML/RH/KK, Drawn By: RH, Checked By: ML, Issue Date: 5-30-03, Sheet
Title: PRELIMINARY PLAT, Sheet Number: PP-1, Roger Michener & Lawrence Ross -
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 STfE SPECIFIC COMMENTS
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 mains to and through this proposed development.
Subdivision designer to coordinate main sizing and routing with 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
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. Sidewallcs shall be detached along Meridian Road/SH 69 and a minimum 5-
foot-wide landscaped parkway shall be installed between the edge ofpavement and
sidewallc in accordance with MCC 12-13-10-8.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SOUTHERN SPRINGS / (PP-03-016)
PAGE 6 OF 16
4. Approval of Southern Springs Subdivision application does not imply
approval of the buildings, uses, parking or other development features shown on the
face of the preliminary 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-foot wide street buffer along
Overland Road and a minimum 35-foot wide buffer along Meridian Road/SH 69.
All required buffers shall be located beyond any right-of--way. If the TI'D intersection
and road widening project on Meridian Road/SH 69 requires additional right-of-
way, the Applicant may qualify for a buffer width reduction under MCC 12-13-10-5.
If a reduction is desired, submit a written request to the Zoning Administrator with
evidence of the need for reduction.
6. On of near the western 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 uses. If
NMID requires a written agreement for landscaping or fencing within their
easement, Applicant shall submit said agreement with the final plat application.
7. A blanket, vehicular cross access easement shall be provided for all lots
within 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. Calderwood 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
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-1, dated 5/30/03 by The Land
Group) is approved. If the landscape buffer widths must be reduced due to roadway
expansion, Applicant shall re-submit a revised landscape plan to the Planning &
Zoning Department for review prior to City Council approval of the preliminary
plat. (Per the City Council meeting held on September 9, 2003, a revised Landscape
Plan has not been submitted by the Applicant, as the Applicant is still negotiating
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIIvIINARY PLAT
SOUTHERN SPRINGS / (PP-03-016)
PAGE 7 OF 16
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, incompliance 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.
14. A drainage plan designed by a State of Idaho licensed architect or engineer is
required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-
street parking areas. Storm water treatment and disposal must be designed in
accordance with Department of Environmental Quality 1997 publication Catalog of
Storm Water Best Management Practices for Idaho Cities and Counties and City of
Meridian standards and policies. Off-site disposal into a surface water is prohibited
unless the jurisdiction which has authority over the receiving stream provides
written authorization prior to development plan approval. The applicant is
responsible for filing all necessary applications with the Idaho Department of Water
Resources regarding Shallow Injection Wells.
15. All drainage areas (detention/retentionbasfns) must be designed to ensure
that water is retained only during 100-year storm events, and for aperiod of time not
to exceed 24 hours. Side slopes within drainage areas shall not exceed a 3:1 slope.
PRELIMINARY PLAT GENERAL REQUIREMENTS
1. Submit letter from the Ada County Street Name Committee, approving the
subdivision and street names. Make any corrections necessary to conform.
2. Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
3. Assessment fees for water and sewer service are determined during the
building plan review process.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDTI'IONAL APPROVAL OF PRELIMINARY PLAT
SOUTHERN SPRINGS / (PP-03-016)
PAGE 8 OF 16
4. Two-hundred-fifty-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. Underground, year-round pressurized irrigation must be provided to all
landscape areas on site. Please submit hook-up and design details based on the
proposed landscaping. Due to the size of landscaped area, primary water supply
connection to the City's mains will not be allowed. Applicant shall be required to
utilize any existing surface or well water for the primary source. If City water is
proposed as a secondary source, developer shall be responsible to pay water
assessments for the enfire common open area.
6. All irrigation ditches, laterals or canals, exclusive of natural 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
irrigadon/drainagedistrict, orlateral users association, with written confirmation of
said approval submitted to the Public Works Department.
7. Show all existing and proposed easements for irrigation/drainage facilities
located within the boundaries ofthis proposed development (i.e., Eight Mile Drain
easement).
8. Remove any existing domestic wells and/or septic systems within this
project from their domestic service per City Ordinance Section 9-1-4 and 9-4-8.
Wells may be used for non-domestic purposes such as landscape irrigation.
9. Provide five-foot-wide sidewalks throughout development in accordance
with City Ordinance.
10. All construction shall conform to the requirements of the Americans with
Disabilities Act.
B. Adopt the Recommendations of ACHD as follows:
Site Specific Conditions of Approval
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDTITONAL APPROVAL OF PRELIMINARY PLAT
SOUTIIERN SPRINGS / (PP-03-016)
PAGE 9 OF 16
1. Dedicate 52-feet ofright-of--way (estimated) from the centerline of Overland
Road abutting the parcel by means of a warranty deed. The right-of--way purchase
and sale agreement and deed must be completed and signed by the applicant prior to
scheduling the final plat for signature by the ACHD Commission or prior to
issuance of a building permit (or other required permits), whichever occurs first.
Allow up to 30 business days to process the right-of--way dedication after receipt of
all requested material. The owner will be paid the fair market value of the right-of-
way dedicated which is an addition to exisfing ACHD right-of--way if the owner
submits a letter of application to the impact fee administrator prior to breaking
ground, in accordance with the ACHD Ordinance in effect at that time (currently
Ordinance #197), if funds are available.
Preliminary right-of--way estimation for Overland Road is approximately 52 feet
from centerline abutting the site. The applicant shall work with ACHD Traffic staff
and Development staff for the dedication of additional right-of--way.
2. Meridian Road (State Highway 69) is under the jurisdiction of Idaho
Transportation Department (ITD). Application materials shall be submitted to 1TD
for review and requirements of that Department and the applicant shall submit to the
District a letter from ITD regazding said requirements prior to District approval of
the final plat or issuance of a building permit (or other required permits), whichever
occurs first. The applicant may contact District III Traffic Engineer at 334-8341.
As indicated on the site plan the applicant is proposing to construct a deceleration
lane on Meridian Road with the project. The applicant shall contact the Idaho
Transportation Department (ITD) for the scope of work for the Overland
Road/Meridian Road intersection project. The applicant shall work with the Idaho
Transportation Department (ITD) for the dedication ofadditionalright-of--way and
the location of the deceleration Zane on Meridian Road.
3. Provide a $2,840.00 deposit to the Public Rights-of--Way Trust Fund for the
cost of constructing 5-foot wide concrete sidewalk for approximately 142-feet
abutting the frontage on Overland Road. ($20.00 per L.F.)
The applicant shall work with ACHD Traffic staff and Development staff for the
placement and tie-in proposal for the proposed pathway to the sidewalk abutting the
site and extending to the intersection of Overland Road and Meridian Road.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SOUTHERN SPRINGS / (PP-03-016)
PAGE 10 OF 16
4. In lieu of constructing the pedestrian ramp on Overland Road, the applicant
shall be required to provide a $350.00 deposit to the Public Rights-of--Way Trust
Fund for the cost of constructing the pedestrian ramp.
5. No access to Overland Road was proposed. Therefore, no access to
Overland Road shall be approved with this application. Lot access restrictions, as
required with this application, shall be stated on the final plat.
6. Provide a recorded cross access easement for the lots within the subdivision,
and to the south, to utilize the common access point(s) on Meridian Road to use for
access to the public streets.
Comply with all Standard Conditions of Approval.
Standard Conditions of Ap royal
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 aze 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 construction shall be in accordance with the Ada County
Highway District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SOUTHERN SPRINGS / (PP-03-016)
PAGE 11 OF 16
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.
8. 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 aze in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative ofthe Ada County HighwayDistrict.
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 awaiver/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.
C. Adopt the Meridian Fire Department Recommendations asfollows:
1. That afire-flow as required by the Uniform Fire Code shall be available for
duration of 2 hours to service the entire project. Fire hydrants shall be placed an
average of 400' apart. 1997 UFC Appendix III-A
2. Operational fire hydrants and temporary or permanent street signs are required
before combustible construction begins. UFC 901.4.2 & 901.3
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SOUTHERN SPRINGS / (PP-03-016)
PAGE 12 OF 16
3. Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
4. Final approval of the fire hydrant locations shall be by the Meridian Fire
Department.
5. All radii for internal and complex entries shall be 28' inside and 48' outside radius.
6. The roadways shall be built to Ada County Highway Standards. UFC 902.2.1
7. No vertical obstructions or mature landscaping which obstructs the outlets of
any fire hydrant are perrnitted within 10'.
8. All building uses and processes to comply with the Fire Code in effect at the
time of construction.
9. A 20' wide fire lane shall be maintained around all proposed buildings
10. A vertical clearance of 13' 6" shall be maintained over fire lanes, this may
affect mature trees.
D. Adopt the Recommendation of Nampa & Meridian Irrigation District as follows:
1. Applicant shall apply for a land use change/site application. All laterals
and waste ways must be protected. The District's Ten Mile Drain courses
along the eastern boundary with a recorded easement of one hundred feet,
fifty feet each side. This easement must be protected and any
encroachment without a signed License Agreement and approved plan,
before any construction is started, in unacceptable. All municipal surface
drainage must be retained on site. If any surface drainage leaves the site,
the District must review drainage plans. The developer must comply with
Idaho Code 31-3805.
E. Adopt the Recommendations of the Central District Health Department as
follows:
1. This proposal can be approved for central sewage & central water after
written approval from appropriate entities is submitted.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SOUTHERN SPRINGS / (PP-03-016)
PAGE 13 OF 16
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.
Run-off is not to create a mosquito breeding problem.
4. Stormwater 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 azchitects involved with the design of the subject
project shall obtain current best management pracfices for stormwater disposal
and design a stormwater management system that prevents groundwater and
surface water degradation.
F. Adopt the Recommendations of the Meridian Pazks Department as follows:
1. Build pathway to recommended Pathway Standards.
G. Adopt the Recommendations of Sanitary Services as follows:
Further review of the trash enclosure size, design and access needs to be
done. Also, there needs to be consideration for front end load
commercial collection services, etc., and developer shall contact Bill
Gregory or Steve Sedlacek at Sanitary Services.
H. Adopt the action of the City Council taken at their September 9, 2003 meeting as
follows:
For clarification:
1. If the pazcel 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. The Applicant shall construct 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 be recorded
for said pathway. The existing 20-foot sewer easement adjacent to Ten
Mile Creek shall also be improved for access to Public Works
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SOUTHERN SPRINGS / (PP-03-016)
PAGE 14 OF 16
Department 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 boundary to the southern boundary of the
property.
3. The Applicant shall be required to construct a minimum six foot vinyl
fence along the eastern property line along the western easement of Ten
Mile Creek, beginning approximately 450 feet south of the Overland
Road right-of--way line.
NOTICE OF FINAL ACTION
AND 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 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 maybe 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 'Z~'r~
day of ~ P~IJ-~PivY~l~/1 , 2003.
ROLL CALL
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SOUTHERN SPRINGS / (PP-03-016)
PAGE 15 OF 16
COUNCILMAN BIRD VOTED. 7~Q(;L,
COUNCILWOMAN deWEERD VOTED QG~ _.
COUNCILWOMAN McCANDLESS VOTED
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MAYOR ROBERT D. CORRIE VOTED '-'
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SOUTHERN SPRINGS / (PP-03-016)
PAGE 16 OF 16