HomeMy WebLinkAboutBaldwin Park PP 03-038
RECEIVED
FEB 1 8 2GO~
interoffice
MEMORANDUM
City Of Meridian
City Clerk Office
To:
William G. Berg,.I1".
From:
Wm. F. Nichols
Subject:
Baldwin Park Addition Subdivision
File:
PP-03-038
Date:
February 18, 2004
Wi1l:
Please find attached the original of the FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY PLAT, pursuant to action of the Council at their February 10, 2004 meeting.
The Findings will be on an upcoming Council agenda.
Please serve conformed copies of the Findings upon the Applicant and the
Planning and Zoning Department, Public Works and the City Attomey office, if Council
approves the Findings.
If you have any questions arise please advise.
ZIWorkIMIMcr;d;anIMer;d;an ISJ60MIBaldw;n Park Add;!;on AZ-OJ-OJJ PP-O3-0J8\8".gP"PlatMEMO 02 1 ~ 04.doc
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
CIC 02/10/04
IN THE MATTER OF THE
REQUEST FOR PRELIMINARY
PLAT FOR BALDWIN PARK
ADDITION SUBDIVISION FOR 71
SINGLE-FAMILY RESIDENTIAL
BUILDING LOTS AND 7 COMMON
LOTS ON 19.07 ACRES IN
PROPOSED R-8 ZONE LOCATED
APPROXIMATELY ONE-HALF
MILE NORTH OF USTICK ROAD
AND ONE-HALF MILE WEST OF
MERIDIAN ROAD, WITHIN
SECTION 36 OF TOWNSHIP 4
NORTH, RANGE 1 WEST,
MERIDIAN, IDAHO
Case No. PP-03-038
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY
PLAT
BY: CAPITAL DEVELOPMENT,
INC., APPLICANT
The above entitled matter coming on regularly for public hearing before the City Council
on February 10, 2004, and Anna Powell Planning Director for the Planning and Zoning
Department, Steve Arnold, and Ann Christoph, appeared and testified, and the City Council
having received a report ITom Craig Hood for the Planning and Zoning Department, and Bruce
Freckleton, Engineering Technician ill, 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 preliminary plat being "PRELIMINARY PLAT BALDWIN PARK
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDillONAL APPROVAL OF PRELIMINARY PLAT
BALDWIN PARK ADDillON SUBDIVISION / PP-O3-038
10f16
ADDITION SUBDIVISION, A PORTION OF SECTION 36, TAN" R.1 W" B.M" MERIDIAN,
ADA COUNTY, IDAHO, STAMPED DATE: OCT 23 2003, DWG DATE: 10/22/03 BEB,
DWG NO, 30806, SHEET: 1 OF 1 PREPLAT, \30806-preplatdwg, CAPITAL
DEVELOPMENT, INC, - DEVELOPER, BRIGGS ENGINEERING, INC, - PLANNER",
Capital Development, 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
L
That the proposed development is in conformance with the Amended
Comprehensive Plan by reason ofthe 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 §
11-7.2D]
2,
The preliminary plat is in conformance with the Amended
Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No, 02-382.
3,
It is determined that Urban Services can be made available to
accommodate the proposed development if the plat complies with the requirements and
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDillONAL APPROVAL OF PRELIMINARY PLAT
BALDWIN PARK ADDITION SUBDMSION / PP-O3-038
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conditions hereinafter set forth as conditions of preliminary plat approval, If approved,
the developer will be financing the extension of sewer, water, local street infrastructure,
utilities and irrigation services to serve the project. The primary public costs to serve the
future residents will be fire, police and school facilities and services. It is found that
there will not be excessive additional requirements at public cost and that the annexation
and zoning will not be detrimental to the community's economic welfare,
4.
The proposed development is a continuity of the proposed development
within the City's Capital Improvement Program and if the conditions, which are
requested by the Planning and Zoning Administrator and the Engineering Technician ill,
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, as the
developer is required to install sewer, water, local street infrastructure, utilities and
irrigation, for the development at their cost
5,
The development ifbuilt 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 concems brought to the Council's attention,
6,
The applicant is proposing to leave the White Drain open, The City has
previously allowed other developers (including the subject developer) to leave the drain
open in the area, However, there is a new middle school being constructed near the site,
Leaving the White Drain open causes concern about a potential safety issue, It is found
that there should not be any other health, safety or environmental problems associated
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BALDWIN PARK ADDillON SUBDIVISION I PP-O3-038
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with this subdivision, ACHD considers road safety issues in their analysis; no hazardous
natural features have been identified on the site,
7,
It is found that the Recommendation To City Council ofthe Planning and
Zoning Commission is reasonable and appropriate for the conditions of approval of the
preliminary plat as hereinafter set forth,
8.
The applicant has submitted for consideration of this approval drawing of
the preliminary plat herein designated as: "PRELIMINARY PLAT BALDWIN PARK
ADDITION SUBDIVISION, A PORTION OF SECTION 36, TAN" Rl W" B.M"
MERIDIAN, ADA COUNTY, IDAHO, STAMPED DATE: OCT 23 2003, DWG
DATE: 10/22/03 BEB, DWG NO. 30806, SHEET: 1 OF 1 PREPLAT, \30806-
preplatdwg, CAPITAL DEVELOPMENT, INC, - DEVELOPER, BRIGGS
ENGINEERING, INC. - PLANNER",
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
L
The Preliminary Plat of the applicant as evidenced by having submitted the
preliminary plat "PRELIMINARY PLAT BALDWIN PARK ADDITION SUBDNISION, A
PORTION OF SECTION 36, TAN" Rl W" B.M" MERIDIAN, ADA COUNTY, IDAHO,
STAMPED DATE: OCT 232003, DWG DATE: 10/22/03 BEB, DWG NO. 30806, SHEET: 1
OF 1 PREPLAT, \30806-preplat.dwg, CAPITAL DEVELOPMENT, INC, - DEVELOPER,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BALDWIN PARK ADDITION SUBDIVISION I PP-O3-O38
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BRIGGS ENGINEERING, INC, - PLANNER", Capital Development, Inc" 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:
L The second sentence of Site Specific Condition #3 on page ten of the staff report
transmitted on December 31, 2003, shall be amended to delete the words "non-
combustible" and add at the end of that same sentence: "to match previously
approved fence."
2. Site Specific Condition #4 on page ten of the staff report transmitted on
December 31, 2003, shall be changed to read: "If any buildable lots are located
within the Settler's Irrigation District easement, the Applicant shall be required to
submit a copy of an encroachment agreement prior to the City Engineer's
signature on the final plat"
3, The fourth sentence of Site Specific Condition #5 on page ten of the staff report
transmitted on December 31, 2003, shall be modified as follows: delete the last
two words "plan approval" and replace them with "the City Engineer's signature
on the final plat"
4. Subparagraph "A' of Site Specific Condition #8 on page eleven of the staff report
transmitted on December 31, 2003, shall be amended to delete the words "and
Lot 8, Block 19,",
B.
Adopt the Comments and Recommendations of the Meridian Planning & Zoning
and Engineering Departments as follows:
SITE SPECIFIC CONDITIONS
1. Extend Yosemite Drive, Crescent Street, Great Basin Drive, Hype Park Way, and
Anton Drive, previously approved stub streets from the east, west and north, into the
subject site, Said roads shall be constructed to ACHD standards,
2, Construct two (2) new stub streets to the abutting properties to the west and south,
King Canyons Drive (Anton Drive) and Buckstone Avenue shall be constructed as
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDillONAL APPROVAL OF PRELIMINARY PLAT
BALDWIN PARK ADDITION SUBDIVISION / PP-O3-O38
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stub streets to Parcel Nos, 0436315010 & S04363 14905. Said roads shall be
constructed to ACHD standards,
3. The Applicant shall not be required to coverltile the White Drain abutting the site, In
lieu, of covering/tiling the White Drain, the Applicant shall be required to construct
a 6-foot tall, Raa eaælnwtible, fence on both sides of the lateral to match
previously approved fence. The Applicant shall work with the Meridian School
District on location and construction of a pedestrian pathway between the school site
to the west and the subject site other than adjacent to the White Drain. In accordance
with Meridian City Code, the Applicant should be required to tile or cover any other
irrigation ditches, laterals or canals that cross, intersect or lie adjacent to the subject
site, Any ditch, canal or lateral to be piped should be shown on plans, which shall be
approved by the appropriate irrigation/drainage district, or lateral users association,
with written confirmation of said approval submitted to the Public Works
Department Iflateral users association approval can not be obtained, plans will be
reviewed and approved by the City Engineer prior to final plat signature.
4, Prier te àe"¡ela¡uflaat Jlaa & ! JFa"¡a-l, 5uèmit a eepy af aa aR6roaÐiuneftt agreemaat
".vitk the Þtamtla & Meriàiaa Irrigatiea DistÅ6t (NMID) aaèler Settlara krigatieH
Distriet far æy èl:åldaèle lets tkat 1Ia--¡e j!riga.jea easemeH-ts a€ross .hem, If any
buildable lots are located within the Settler's Irrigation District easement, the
Applicant shall be required to submit a copy of an encroachment agreement
prior to the City Engineer's signature on the final plat.
5, Underground vear-round pressurized irrigation must be provided to all lots within
this development The City of Meridian requires that pressurized irrigation systems
be supplied by a year-round source of water. 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 shall be submitted prior to Jlaa appfBva-I
the City Engineer's signature on the final plat The 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, a single-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 signature
on the [mal plat by the City Engineer,
6, Vacate the existing right-of-way (29-feet wide) on the east side of the site (Venable
Lane). The vacation must be completed through the ACHD process prior to
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDillONAL APPROVAL OF PRELIMINARY PLAT
BALDWIN PARK ADDillON SUBDIVISION /PP-O3-038
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signature ofa final plat(s) by the City Engineer for any lots impacted by this right-
of-way (south of the White Drain),
7, Either align the centerlines of King Canyons Drive and Anton Drive, or offset the
centerlines by a minimum of 125 feet.
8, The preliminary landscape plan (SheetL-2, dated 10-21-3 by The Land Group, Inc,)
is approved with the following changes:
a. Fencing adjacent to micropaths, including Lot 52, Block 12, aaè
Let 8, Bleek 19, shall be constructed in accordance with Meridian City
Code, The applicant shall construct fencing adjacent to the entrance
into the common lot, Lot 8, Block 19 in accordance with Meridian
City Code. Additional fencing adjacent to the other lots backing up
to the common area wiD not be required. (Per action of the City
Council taken at their February 10, 2004 meeting.) All
micropathslpathways within the proposed subdivision shall be designed
in accordance with MCC 12-13-15 "Micropath Landscaping" and 12-4-3
"Pedestrian Walkways,"
b. Obtain a license agreement from Settlers Irrigation District for all
trees in Lot 53, Block 4. Trees within sewer easements are prohibited,
c. Fencing adjacent to Lot 7, Block 13 is not required. (Per
action ofthe City Council taken at their February 10, 2004 meeting.)
9, Sanitary sewer and municipal water service to this site shall be via extensions from
existing mains adjacent to the development The applicant will be responsible to
construct the sewer and water mains to and through this proposed development,
thereby making them available to adjacent properties, Subdivision designer to
coordinate main sizing and routing with the Public Works Department.
10, All lot, parcel and tract sizes shall meet the minimum dimensional standards as
established in the zoning ordinance, All buildable lots within the proposed
subdivision shall have a minimum 65 feet of street frontage (unless located on äcul-
de-sac, then 40 foot minimum) and contain a minimum lot area of 6,500 square feet
All new residential dwelling units shall be constructed in accordance with MCC11-
10-4, Minimum building setback lines shall be in accordance with the zoning
ordinance in effect at the time of issuance of building permit(s),
11, Remove preliminary plat note number 4,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BALDWIN PARK ADDillON SUBDMSION / PP-O3-038
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12, Maintenance of all common areas shall be the responsibility of the Baldwin Park
AtWitieft HOA, (Per action of the City Council taken at their February 10,2004
meeting.)
GENERAL COMMENTS
1, All conditions of the accompanying Annexation/Zoning application shall also be
considered conditions of the Preliminary Plat.
2, Preliminary plat approval shall be subject to the expiration provisions set forth in
MCC 12-2-4.
3. 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,
4, Coordinate fire hydrant placement with the City of Meridian Public Works
Department
5. Streetlights will be required at locations designated by the Public Works
Department. All streetlights shall b e installed at the expense 0 fthe Applicant.
Typical locations are at street intersections and/or rue 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 pennit from the
Public Works Department prior commencing installations,
6, A detailed fencing plan shall be submitted upon application of the final plat. A 6-
foot fence shall be required around the perimeter of the subdivision unless the City
agrees in writing that such a fence is not required, All fences shall taper down to 3
feet maximum within 20 feet of all right-of-way,
7, A detailed, revised, landscape plan for the common areas, including pathways and
types of construction, shall be submitted for review and approval with the submittal
of the final plat applications, The plan must include sizes and species of trees,
shrubs, berminglswale details, and all proposed ground cover/treatment.
8, 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,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDillONAL APPROVAL OF PRELIMINARY PLAT
BALDWIN PARK ADDITION SUBDIVISION / PP-O3-O38
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9, Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service per MCC 9-1-4 and 9-4-8, Wells maybe used
for non-domestic purposes such as landscape irrigation,
10. Developer shall coordinate mailbox locations with the Meridian Post Office,
11. All sidewalks shall be constructed in accordance with MCC 12-S-2.K. Prior to
signature of the [mal plates), all sidewalks shall be constructed or a financial
guarantee that said improvements will be completed shall be provided (MCC 12-5-
3),
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,
13, Any drainage areas (detention/retention basins) must be designed to ensure that
water will percolate or discharge within a period of time not to exceed 24 hours for
all storms up to and including a 100-year storm event Side slopes within drainage
areas shall not exceed 3:L 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 I-foot above groundwater,
14, Prior to signature of the final plates) by the City Engineer, 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. that has not been completed,
15. Staff's failure to cite specific ordinance provisions does not relieve the Applicant of
responsibility for compliance,
C,
Adopt the Recommendations of ACHD as follows:
Site Specific Conditions of Approval
1. Construct West King Canyons Drive to align with Anton Drive or offset Anton
Drive a minimum of 12S-feet (measured centerline to centerline).
2, Extend Hyde Park Avenue into the site from the north property line, as proposed,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BALDWIN PARK ADDillON SUBDMSION / PP-O3-038
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3, Extend Great Basin Drive into the site from the west property line, as proposed,
4, Extend West Yosemite Drive into the site from the west property line, as
proposed,
5, Extend West Yosemite Drive into the site from the east property line, as
proposed,
6. Extend Anton Drive into the site from the east property line, as proposed,
7, Construct Buckstone Avenue as a stub street to the south property line
approximately 100-feet east of the west property line, as proposed, Install a sign
at the terminus of the roadway stating that, "THIS ROAD WILL BE
EXTENDED IN THE FUTURE".
8. Construct West King Canyons Drive to align with Anton Drive or offset Anton
Drive a minimum of 125-feet (measured centerline to centerline, Install a sign at
the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED
IN THE FUTURE",
9. Construct Hyde Park Place and Crater Lake Court as 29-foot street sections with
curb, gutter and attached concrete sidewalk within 42-feet of right-of-way, as
proposed, Install adequate signage that will prohibit parking on the identified
(reduced) roadways,
10, Construct the remaining internal roadways as 36-foot street sections with curb,
gutter and sidewalk within 50-feet of right-of-way, as proposed,
11, Construct the turnarounds to provide a minimum turning radius of 45- feet
12. If the 25-foot wide strip ofland that is located abutting the site at the west
property line is found to be public right-of-way, the applicant is required to
dedicate sufficient right-of-way to accommodate for one half of a 36- foot street
section with a minimum of 24-feet of pavement abutting the site
OR
Vacate the right-of-way.
13. If the vacation of the 29-foot wide strip of public right-of-way that is located at
this properties east property line is not successful, the applicant is required to
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDillONAL APPROVAL OF PRELIMINARY PLAT
BALDWIN PARK ADDillON SUBDIVISION / PP-O3-038
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dedicate sufficient right-of-way and improve the right-of-way to public street
standards,
14, Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
L 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 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,
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 #198, 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-
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BALDWIN PARK ADDillON SUBDIVISION I PP-O3-O38
110f16
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:
L One and two family dwellings will require a fire-flow of 1,000 gallons per minute
available for duration of2 hours to service the entire project Fire hydrants shall be placed
an average of 400' apart.
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 will be submitted to the Public Works Department. All curbing in front of fire
hydrants shall be painted red for 10' on each side of the installation.
4, All roads shall have a turning radius of28' inside and 48' outside,
5, Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins,
6. 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,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDillONAL APPROVAL OF PRELIMINARY PLAT
BALDWIN PARK ADDillON SUBDIVISION /PP-O3-038
120f16
7, The fire department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and
efficient response by fire and emergency medical service vehicles, This cost of this
installation is to be borne by the developer.
8. Parking is to be restricted to one side on the 42' street section,
Eo
Adopt the Recommendations of the Settlers Irrigation District as follows:
I, All irrigation/drainage facilities along with their easements must be protected and
continue to function, The facilities involved are the Coleman Lateral and the
White Drain.
2, A Land Use Change Application must be on file prior to any approvals,
3, A license agreement MUST be signed and recorded prior to the construction of
any SID facilities or utility lines crossing a SID facility.
4, Any changes to the existing irrigation system such as relocation, tiling, and
landscaping must be approved by Settlers Irrigation District
5, All storm drainage must be retained on-site.
6, The development must supply irrigation access to all lots within the above-
mentioned subdivision.
F.
Adopt the Recommendations/Comments of Joint School District No, 2 as follows:
1, The Meridian School District has experienced phenomenal student growth the last ten
years. The high schools, middle schools, and elementary schools throughout the district are
operating over capacity,
2, Approval of Baldwin Park Addition Subdivision will have a significant impact on school
enrollments at Ponderosa Elementary, Eagle Middle, and Eagle High SchooL
3, We can predict that these homes, when completed, will house twenty two (22) elementary
aged children, nineteen (19) middle school aged children, and fifteen (15) senior high aged
students, Additional students will further compound the current overcrowded situation.
Residents cannot be assured of attending the neighborhood school, as it may be necessary
to bus students to other schools across the district
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BALDWIN PARK ADDillON SUBDIVISION / PP-O3-038
130f16
4, School capacity is addressed in Idaho Code 67-6508, The Meridian School District is
currently operating beyond capacity, Future development will continue to have an impact
on the district's capacity,
Go
Adopt the Recommendations ofthe 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.
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. Stormwater shall be pretreated prior to discharge to the subsurface to prevent
impact to ground water 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,
NOTICE OF FINAL ACTION
AND 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 may be filed,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BALDWIN PARK ADDillON SUBDIVISION / PP-O3-038
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Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-652L 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 ß.6°fthe City Council at its regular meeting held on the Z- #~
day of t'tt-~1--- ' 2004,
ROLL CALL
COUNCILMAN SHAUN WARDLE
VOTED~
COUNCILMAN BILL NARY
VOTED~
COUNCILMAN CHARLIE ROUNTREE
VOTED #6~
COUNCILMAN KEITH BIRD
VOTED~
MAYOR TAMMYdeWEERD
(TIE BREAKER)
VOTED-==-
Attest:
Copy served upon Applicant, The Planning and Zoning Department, Public Works
C' """"""tt
Department and lty Attorney, """'Of ME'""",,,
"~I ~ rilD, '"
.$'& >-1...'"
$' cpf'J>OR..¡ ?-" . ¥ '"
:! ~ '0 "-
Dated: 2 -t4-tJß: ~
By: ddL: ~ ~ ~
City Clerk
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BALDWIN PARK ADDillON SUBDMSION I PP-O3-038
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