HomeMy WebLinkAboutWindsong Sub PP 03-037BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 01/20/04
Revised per C/C 02/10/04
IN THE MATTER OF THE
REQUEST FOR PRELIMINARY
PLAT FOR WINDSONG
SUBDIVISION FOR 66 SINGLE-
FAMILY BUILDING LOTS AND 2
COMMON LOTS ON 15.04 ACRES
IN AN R-8 ZONE, MERHIIAN,
IDAHO
Case No. PP-03-037
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY
PLAT
BY: LANDMARK ENGINEERING
& PLANNING, INC.
APPLICANT
The above entitled matter coming on regularly for public hearing before the City Council
on January 20, 2004, and Brad Hawkins-Clark Assistant Planner for the Planning and Zoning
Department, Clint Boyle, Joan Rath, Becky Mc Kay, and Brad Watson, appeared and testified,
and the City Council having received a report from Craig Hood Associate City Planner for the
Planning and Zoning Deparhnent, 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 SHOWING WINDSONG SUBDIVISION, A PORTION OF THE SE
'/ OF THE SE Y OF SECTION 35, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE
MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2003, PRELIMINARY PLAN SHOWING
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
WINDSONG SUBDIVISION / (PP-03-037)
PAGE 1 OF 16
WINDSONG SUBDIVISION TITLE SHEET, CITY OF MERIDIAN, IDAHO, PROJECT NO
C03007, SHEET 1 OF 4, DATE: 10-09-03, HANDWRITTEN DATE: 10-14-03, DRAWN BY:
DLP, DESIGNED BY: JGC, CHECKED BY: J.G. CARPENTER P.E., STUBBLEFIELD
CONSTRUCTION CO., INC. - DEVELOPER/OWER, IDAHO SURVEY GROUP -
SURVEYOR, LANDMARK ENGINEERING & PLANNING, INC. -PLANNERS",
Stubblefield Construcfion Co., 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 RUT, and requires
connection to the Municipal Water and Sewer System. [Meridian City Code § 11-7-2]
2. The preliminary plat is in conformance with the Amended
Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382.
3. The applicant has requested Annexation, Zoning, and Preliminary Plat
approval of sixty-six building lots and two other lots on 15.04 acres of land located near
the northwest corner of Us6ck Road and Linder Road. This site is designated as
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
WINDSONG SUBDIVISON / (PP-03-037)
PAGE 2 OF 16
Medium Density Residential on the City of Meridian Future Land Use Map. The
requested zoning designation for the property is R-8. The gross density of the proposed
subdivision is 4.4 dwelling units per acre. The net density of the subdivision is 5.7
dwelling units per acre. The single-family building lots within the subdivision range
from 6,500 square feet to 11,745 square feet. All housing types are proposed as single-
family detached. Approximately 5.1 percent (0.76 acres) of the gross area of the site is
devoted to open space. The applicant is proposing to construct the development in two
phases. The subject site is currently used for agricultural purposes.
The subject site does not cunrently have any public street frontage. Access to the
site is currently provided via an easement across a parcel to the east. Sometimes this
indicates that it is an illegal parcel. However, the applicant has provided staff with a
copy of a deed showing that the subject parcel has been in the same configuration since
1978, prior to the City adopting a Zoning and Development Ordinance.
The applicant is requesting a waiver of the requirement to cover, tile, or pipe the
Creason Lateral abutting the southern boundary of the site. Meridian City Code 12-4-13
requires all irrigation ditches, laterals or canals, exclusive of natural waterways to be
covered and enclosed with tiling or other covering.
The applicant is proposing to extend two stub streets into the subject property
from previously approved developments to the north and west. As part of the approval
for Watersong Subdivision, Timberlakes Way was stubbed to the north property line of
the subject site. As part of the Bridgetower development, Crossland Drive was stubbed
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
WINDSONG SUBDIVISON / (PP-03-037)
PAGE 3 OF 16
to the west property line of the subject site. The applicant is extending the above-
mentioned stub streets and providing two additional stub streets to the two undeveloped
parcels to the east.
4. In Chapter VII of the Comprehensive Plan, medium density is defined as
areas including single-family homes at densities of three to eight dwelling units per acre.
It is found that the proposed single-family residential subdivision, with a gross density
of 4.4 dwelling units per acre (net 57 dwelling units per acre), is harmonious with and in
accordance with the 2002 Comprehensive Plan and Future Land Use Map, which
designates the land to be Medium Density Residential.
5. It is found that public services are available to accommodate the proposed
development.
6. It is found that the subdivision will not conflict with the capital
improvement program because the developer is required to install sewer, water, local
street infrastructure, utilities and irrigation, for the development at their cost.
It is found that the City and its related services are capable of servicing
the proposed development. The development will not require major expenditures for
providing supporting services.
8. It is found that there should not be any other health, safety or
environmental problems, associated with this subdivision that should be brought to the
City's attention. ACHD considers road safety issues in their analysis; no hazardous
natural features have been identified on the site.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
WIIVDSONG SUBDIVISON / (PP-03-037)
PAGE 4 OF 16
9. It is found that the Creason Lateral lies contiguous to the south boundary
of the subject property and is a feature that will need to be protected.
10. The applicant has submitted for consideration of this approval drawing of
the preliminary plat herein designated as: "PRELIMINARY PLAT SHOWING
WINDSONG SUBDIVISION, A PORTION OF THE SE Y OF THE SE Y OF
SECTION 35, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN,
MERIDIAN, ADA COUNTY, IDAHO 2003, PRELIMINARY PLAN SHOWING
WINDSONG SUBDIVISION TITLE SHEET, CITY OF MERIDIAN, IDAHO,
PROJECT NO C03007, SHEET 1 OF 4, DATE: 10-09-03, HANDWRITTEN DATE:
10-14-03, DRAWN BY: DLP, DESIGNED BY: JGC, CHECKED BY: J.G.
CARPENTER P.E., STUBBLEFIELD CONSTRUCTION CO., INC. -
DEVELOPER/OWER, IDAHO SURVEY GROUP -SURVEYOR, LANDMARK
ENGINEERING & PLANNING, INC. -PLANNERS".
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
1. The Preliminary Plat of the applicant as evidenced by "PRELIMINARY PLAT
SHOWING WINDSONG SUBDIVISION, A PORTION OF THE SE '/ OF THE SE Y< OF
SECTION 35, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN,
ADA COUNTY, IDAHO 2003, PRELIMINARY PLAN SHOWING WINDSONG
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
WINDSONG SUBDIVISON / (PP-03-037)
PAGE 5 OF 16
SUBDIVISION TITLE SHEET, CITY OF MERIDIAN, IDAHO, PROJECT NO C03007,
SHEET 1 OF 4, DATE: 10-09-03, HANDWRITTEN DATE: 10-14-03, DRAWN BY: DLP,
DESIGNED BY: JGC, CHECKED BY: J.G. CARPENTER P.E., STUBBLEFIELD
CONSTRUCTION CO, INC. - DEVELOPER/OWER, IDAHO SURVEY GROUP -
SURVEYOR, LANDMARK ENGINEERING & PLANNING, INC. -PLANNERS",
Stubblefield Construction Company, 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:
1. Add a Site Specific Condition #10 stating: that the boundary dispute between this
property and the neighboring property to the east on the south portion of this
property shall be resolved before signature on the final plat. Resolved shall mean
one of the following:
a. The neighbor withdraws the claim; or
b. The Plat shall be redrawn to account for the claim; or
c. There is a court order that resolves the claim.
(Per action of the City Council taken at their 2-10-04 meeting.)
2. General Condition #5 to read: For the perimeter fencing, the applicant shall be
allowed the option of either a six-foot solid or semi-private fencing, similar to
Bridgetower's semi-private fencing, with approval by the Planning and Zoning
Department.
3. Modify General Condition #5 to include a new sentence at the end of the
paragraph stating: The Applicant will work out with the neighbor to the east on
the northern portion of this Applicant's property where and how that fence will be
built.
B. Adopt the Comments and Recommendations of the Meridian Planning & Zoning
and Engineering Departments as follows:
SITE SPECIFIC CONDTTIONS
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
WINDSONG SUBDIVISON / (PP-03-037)
PAGE 6 OF 16
1. Extend Crossland Drive and Timberlakes Way, previously approved stub streets to
the north and west, into the subject site. Prior to the City Engineer's signature of a
final plat, either the Timberlake Way or Crossland Drive stub street(s) shall be
constructed to this site. Said road(s) shall be constructed and approved by ACHD.
2. Construct two (2) new stub streets to the abutting properties to the east, as proposed.
Windswept Street and Sahara Street shall be constructed as stub streets to Parcel
Nos. 50435449700 & 50435449905.
3. In accordance with Meridian City Code 12-4-13.A.1, the Applicant shall be required
to the or cover the Coleman Lateral. The Applicant shall not be required to the or
cover the Creason Lateral abutting the site. Any ditch, canal or lateral to be piped
shall be shown on plans, which shall be approved by the appropriate
irrigation/drainagedfstrict, or lateral users association, with written confirmation of
said approval submitted to the Public Works Department.
4. Prior to development plan approval, a copy of a signed agreement for the proposed
buildable lots that encroach into the existing Nampa & Meridian Irrigation District
(NMID) easements shall be submitted to the Public Works Department. If Nampa
& Meridian Irrigation District does not approve the encroachments as proposed,
buildable lot lines shall be set at the boundary line of the encroachment and the
Applicant shall create a common lot for the non-encroachment areas.
5. Underground year-round pressurized irrigation must be provided to all lots within
this development. The City of Meridian requires that pressurized irrigation systems
be supplied by a year-round source of water. If the pressurized imgation 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 plan
approval. 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, asingle-
point connection to the culinary water system shall be required. If a single-point
connection is utilized, the developer shall be responsible for the payment of
assessments for the common areas prior to signature on the final plat by the City
Engineer.
6. Lots 2 and 3, Block 1, and Lots 23 and 24, Block 1 shall utilize common driveways,
as proposed. Frontage for Lots 2, 3, 23 and 24 may be reduced to 15 feet
(minimum). Said common driveways shall be constructed a minimum of 16-feet
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
WINDSONG SUBDIVISON / (PP-03-037)
PAGE 7 OF 16
wide, with gravel and asphaltic concrete paving as outlined in Meridian City Code
12-4-14.
Except for the lots listed in Condition #6 above and Lots 14, 22 and 25 all buildable
lots within the proposed subdivision shall have a minimum 65 feet of street
frontage. All buildable lots within the subdivision shall have a minimum lot area of
6,500 square feet.
8. Sanitary sewer and water service to this site shall be via main line extensions from
existing mains or mains being installed adjacent to the property. The applicant shall
be required to extend sewer and water mains to and through the proposed
development, thereby making them available to the adjacent properties. The
Applicant shall coordinate main sizing and routing with the Public Works
Department.
9. Submit final groundwater/soils monitoring data as prepared by a soils scientist with
the final plat. Any drainage areas (detention/retentionbasfns) must be designed to
ensure that water will percolate or discharge within a period oftime 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 3:1. 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.
10. The boundary dispute between this property and the neighboring property to the
east on the south portion of this property shall be resolved before signature on the
final plat. Resolved shall mean one of the following:
1. The neighbor withdraws the claim; or
2. The Plat shall be redrawn to account for the claim; or
3. There is a court order that resolves the claim.
(Per action of the City Council taken at their 2-10-04 meeting.)
GENERAL COMMENTS
1. All conditions of the accompanying Annexation/Rezone application shall also be
considered conditions of the Preliminary Plat.
2. 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.
FIIVDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
WINDSONG SUBDMSON / (PP-03-037)
PAGE 8 OF 16
3. Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
4. Streetlights will be required at locations designated by the Public Works
Department. All streetlights shall be installed at the expense of the Applicant.
Typical locations are at street intersections and/or fire hydrants.
5. A detailed fencing plan shall be submitted upon application of the final plat. A 6-
foot seli~ fence shall be required around the perimeter ofthe subdivision, which will
be either solid or match the perimeter fence of Bridgetower Subdivision, unless the
City agrees in writing that such a fence is not required. If a new common lot is
created along the north side of the Creason Lateral, perimeter fencing shall be
constructed on the north side of the common lot. All fences shall taper down to 3
feet maximum within 20 feet ofallright-of--way. The Applicant will work out with
the neighbor to the east on the northern portion of this Applicant's property where
and how that fence will be built.
6. A detailed 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,
berming/swale details, and all proposed ground cover/treatment.
7. 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.
8. 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 may be used
for non-domestic purposes such as landscape irrigation.
9. Developer shall coordinate mailbox locations with the Meridian Post Office.
10. 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.
11. A letter of credit or cash surety in the amount of 110% will be required for all
landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature of
the final plat.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
WINDSONG SUBDP/ISON / (PP-03-037)
PAGE 9 OF 16
C. Adopt the Recommendations of ACHD as follows:
Site Specific Conditions of Approval
1. Construct Sirocco Avenue to offset Timberlakes Way a minimum of 125-feet
(measured centerline to centerline).
2. Extend Timberlakes Way from the north property line approximately 215-feet
east of the west property line, as proposed.
3. Extend Crossland Drive from the west property line approximately 465-feet north
of the south property line, as proposed.
4. Construct a stub street to the east property line approximately 115-feet south of
the north property line, as proposed. Install a sign at the terminus of the roadway
stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
5. Construct a stub street to the east property line approximately 385-feet north of
the south property line, as proposed. Install a sign at the terminus of the roadway
stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
6. Construct the internal roadways as 36-foot street sections with curb, gutter and 5-
foot concrete sidewalks within 50-feet ofright-of--way, as proposed.
7. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of--way.
2. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that maybe
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at
387-6258 (with file numbers) for details.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDTfIONAL APPROVAL OF PRELIMINARY PLAT
WINDSONG SUBDIVISON / (PP-03-037)
PAGE 10 OF 16
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-
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 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 al] rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force
at the time the applicant or its successors in interest advises the Highway District
of its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
D. Adopt the Meridian Fire Department Recommendations as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
WINDSONG SUBDIVISON / (PP-03-037)
PAGE 11 OF 16
1. One and two family dwellings will require afire-flow of 1,000 gallons per minute
available for duration of 2 hours to service the entire project. Fire hydrants shall be
placed an average of 400' apart.
2. Acceptance test of the water supply for water quality must be completed before
combustible constmction begins.
3. Final approval of the fire hydrant locations shall be by the Meridian Fire
Department.
4. The phasing plan may require that any roadway greater than 150' in length
that is not provided with an outlet shall be required to have a turn around.
5. All roads shall have a fuming radius of 28' inside and 48' outside.
6. Operational fire hydrants and temporary or permanent street signs are required
before combustible construction begins.
7. A minimum of two points of access will be required for any portion of the project,
which serves more than 50 homes. The cumulafive effect of the adjacent
subdivision should be included in this calculation.
8. The roadways shall be built to Ada County Highway Standards and shall have a clear
driving surface, available at all times, which is 20' wide.
E. Adopt the Recommendation of Nampa & Meridian Irrigation District as follows:
1. Applicant shall apply for a land use change application prior to final platting.
2. All laterals and waste ways must be protected.
3. The District's Creason Lateral courses along the south boundary of this proposed
project. This easement must be protected and any encroachment without a signed
License Agreement and approved plan, before any construction is started, is
unacceptable.
4. All municipal surface drainage must be retained on site. If any surface drainage
leaves the site, the Nampa & Meridian Irrigation District must review drainage
plans.
5. The Developer must comply with Idaho Code 31-3805.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDTITONAL APPROVAL OF PRELIMINARY PLAT
WINDSONG SUBDNISON / (PP-03-037)
PAGE 12 OF 16
6. NMID recommends that irrigation water be made available to all developments
within the Nampa & Meridian Irrigation District.
F. Adopt the Recommendations/Comments of Joint School District No. 2 as follows:
The Meridian School District has experienced phenomenal student growth the last ten
years. The high schools, middle schools, and elementary schools throughout the district aze
operating over capacity.
2. Approval of Windsong 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 (20) elementary aged
children, eighteen (18) middle school aged children, and fourteen (14) senior high aged
students. Additional students will further compound the current overcrowded situation.
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.
G. 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.
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 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 peevents groundwater and surface water
degradation.
H. Adopt the Recommendations of Settlers' Irrigation District as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
WIIVDSONG SUBDNISON / (PP-03-037)
PAGE 13 OF 16
1. All irrigation/drainage facilities along with their easements must be protected and
continue to function. The facility involved is the Coleman Lateral. The requested
easement is 30' (15' on either side from the center line of the lateral)
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 construction of any
S.I.D. facilities.
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.
I. Adopt the action of the City Council taken at their January 20, 2004 meeting as
follows:
The applicant shall work with the adjoining property owner to the north, to
provide some type of electric fencing to keep the adjoining property owners
livestock within their own pasture.
2. For the perimeter fencing, the applicant shall be allowed the option of either a
six-foot solid or semi-private fencing, similar to Bridgetower's semi-private
fencing, with approval by the Planning and Zoning Department.
The Engineer of Record shall provide certification to the City Engineer that
there will be no ground water in the crawl spaces of houses to be constructed in
this subdivision prior to Final Plat signature by the City Engineer. The City
Engineer may request applicant to provide additional testing to verify the ground
water levels. (Revised per City Council action taken at their 2-10-04 meeting.)
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
WINDSONG SUBDNISON / (PP-03-037)
PAGE 14 OF 16
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 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.
B action of the City Council at its regular meeting held on the l ~ ~ day of
1~~~"~-~~. , 2004.
ROLL CALL
COUNCILMAN SHAUN WARDLE VOTED~~-
COUNCILMAN BILL NARY VOTED
COUNCILMAN CHARLIE ROUNTREE VOTED
COUNCILMAN KETIH BIRD VOTED~2.
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
Attest:
faye~T de Weerd
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDTfIONAL APPROVAL OF PRELIMINARY PLAT
WINDSONG SUBDIVISON / (PP-03-037)
PAGE 15 OF 16
~~.,
William G. Berg, Jr., City lerk
Copy served upon Applicant, The Planning and Zoning Department, Public Wol~l OF ~~/O ~'''•,
Department and City Attorney. ;~~ G~ 3°o~a~rFO y
By: ~~~-~-- ~ ~^ Dated: 2 - l7-~ ~\ -S~flL ~
City Clerk ~ e~ ,
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
WINDSONG SUBDNISON / (PP-03-037)
PAGE 16 OF 16