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City Of Meridian
City Clerk Office
MEMORANDUM
To: William G. Berg, Jr.
From: Wm. F. Nichols
Subject: Strickland Subdivision By: Roy Strickland
File No. PFP-03-006 -Findings of Fact and Conclusions of Law and Order of Conditiorial
Approval ofPreliminary/Final Plat
Date: February 20, 2004
Will:
Regazding the above referenced matter, please find enclosed the original of the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY/FINAL PLAT, for approval and signature by the Mayor and
yourself. Please serve a conformed copy of the FINDINGS upon the applicant, with a Certificate
of Service in the file, and conformed copies to the Planning and Zoning Department, Public
Works, and the City Attorney.
If you have any questions please give me a call.
Z:\Wwk\idU-feridian\Ivleridian i5360MVStrickland Sub RZ-03-012 PFP-03-006 CUP-03-063\Berg PFP MEMO 02 18 04.doc
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 02/17/04
IN THE MATTER OF THE REQUEST
FOR PRELIMINARY/FINAL PLAT FOR
STRICKLAND SUBDIVISION, LOCATED AT
1225 MAIN STREET, MERIDIAN, IDAHO
BY: ROY STRICKLAND,
APPLICANT
CASE NO. PFP-03-006
FINDINGS OF FACT AND
CONCLUSIONS OF LAW .
AND ORDER OF
CONDITIONAL APPROVAL
OF PRELIIVIINARY/FINAL
PLAT
The above entitled matter coming on regularly for public hearing before the City Council
on February 17, 2004, and Anna Powell Planning Director, and Charles Eldredge, appeared and
testified at the hearing, and the City Council having received a report from Steve Siddoway 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 Plat
Drawing described as follows, "FINAL PLAT, STRICKLAND SUBDIVISION, SPECIALTY
HOMES, INC., PLAT SHOWING STRICKLAND SUBDIVISION, THE SOUTH 83 FEET OF
THE NORTH %z OF BLOCK 2, F.A. NOURSE'S THIRD ADDITION LOCATED IN THE NW
'/4 OF SECTION 7 T.3N., R.IE., B.M., MERIDIAN, ADA COUNTY, IDAHO 2004, SHEET C-
2, SHEET 1 OF 2, DRAWN BY: RLC, CHECKEDBY: DAVID A. BAILEY P.E., PROJECT
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINALPLRT -
STRICKLAND SUBDMSION - (PFP-03-006)
PAGE 1 OF 11
NO. C23030, DATE: 11-20-03, REVISED: NO. 1 -DATE: 02-12-04 -DESCRIPTION 1sT
REVIEW COMMENTS, BAILEY ENGINEERING, INC. -CIVIL
ENGINEERING/PLANNING", Roy Strickland submitted for preliminary/final plat approval,
and which preliminary/final plat application is herein received and adjudged by the City Council,
pursuant to Meridian City Code, Section 12-3. Therefore the City Council makes the following
findings:
FINDINGS OF FACT
That the proposed development is in conformance with the Comprehensive Plan
by reason of the fact that it lies within the existing Urban Area as defined in the Meridian
Amended Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis
Comprehensive Plan and Map, adopted August 6, 2002, Resolution No. 02-382, and the property
is presently zoned R-15 (Medium High Density Residential District), however, there is a rezone,
application request before the Council to rezone the property to O-T Old Town, and requires
connection to the Municipal Water and Sewer System. [see Meridian City Code, Section 11-7-2
L]
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 found that the subdivision to be in conformance with'the Comprehensive
Plan. The Future Land Use Map designates the property as Old Town. Existing zoning on the
property is Medium High Density Residential (R-15). The subject plat is intended for office
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT -
STRICKLAND SUBDIVISION - (PFP-03-006)
PAGE 2 OF 11
development in compliance with the proposed CUP and the Comprehensive Plan.
4. It is determined that public services are available to accommodate the proposed
development. All adjacent public roadways have been completed and accepted by:ACHD;
Municipal water and sewer service is existing adjacent to both lots.
5. It is found that the subdivision will not require the expenditure of any capital
improvement funds. All required utilities are in place as constructed with previous development.
6. It is found that the development will not require major expenditures for providing
supporting services. Utilities exist adjacent to the property, as this is an infill project. The
primary public costs to serve the future residents will be fire and police services. The applicant
will be responsible for any required extensions of the utilities and for development of an
irrigation system.
7. The development, if built in accordance with the conditions, and as proposed; will
be compatible within the vicinity, and will not create health, safety or environmental problems,
nor will the development have an adverse impact on other persons, property, or uses within the
vicinity.
DECISION AND ORDER
Pursuant to the City Council's authority as provided in Meridian City Code,
Section 12-3-5 and based upon the above and foregoing Findings of Fact which are herein
adopted:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELINIINARY/FINAL PLAT -
STRICKLAND SUBDIVISION - (PFP-03-006)
PAGE 3 OF 11
IT IS HEREBY ORDERED AND THIS DOES ORDER
The Preliminary/Final Plat of the applicant as evidenced by "FINAL PLAT,'
STRTCKLAND SUBDNISION, SPECIALTY HOMES, INC., PLAT SHOWING
STRICKLAND SUBDNISION, THE SOUTH 83 FEET OF THE NORTH %2 OF BLOCK 2,
F.A. NOURSE'S TH112D ADDITION LOCATED IN THE NW `/< OF SECTION 7 T.3N., R.lE.,
B.M., MERIDIAN, ADA COUNTY, IDAHO 2004, SHEET C-2, SHEET 1 OF 2, DRAWN BY:
RLC, CHECKEDBY: DAVID A. BAILEY P.E., PROJECT NO. C23030, DATE: 11-20-03,
REVISED: NO. 1-DATE: 02-12-04 -DESCRIPTION 1sT REVIEW COMMENTS, BAILEY
ENGINEERING, INC. - CNIL ENGINEERING/PLANNING", has been submitted for
preliminary/final plat.
2. The conditions of Staff pertaining to the Preliminary/Final Plat comments are as
set forth in the Memorandum to the Mayor and City Council from Steve Siddoway for the
Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, dated:
Transmittal Date: January 9, 2004 and Hearing Date: January 15, 2004, listing 7 Site Specific
Comments - Preliminary/Final Plat and 11 General Comments - Preliminary/Final Plat; a tme
and correct copy of which is attached hereto and marked Exhibit "A", and consisting of thirteen
pages, and by this reference incorporated herein, with the additional requirements from the City
Council from their meeting of February 17, 2004, and the requirements are as follows, fo-wit:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
SITE SPECIFIC COMMENTS - PRELIlVIINARY/FINAL PLAT
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT -
STRICKLAND SUBDIVISION - (PFP-03-006)
PAGE 4 OF 11
1. All landscaping will be required per the landscape plans submitted with the
application, with modifications as noted in the CUP section of this report.
2. All conditions of the accompanying Conditional Use Permit application shall also be
considered conditions of the Preliminary Plat.
3. Sanitary sewer and water service to this development shall be via service line
extensions from the existing City of Meridian mains adjacent to the project.
4. Correct the year of platting on the final plat map to "2004."
5. Correct the bearing tie to the RPOB (N89°35'48 34" W).
6. The applicant has requested a variance to the pressurized irrigation ordinance. If the
variance is granted, the applicant shall be subject to paying well development fees in lieu of
providing a pressurized irrigation system to serve this development.
7. Add or revise the following final plat notes:
(8.) The bottom elevation of structural footings shall be set a minimum of 12-
inches above the highest established normal ground water elevation.
GENERAL COMMENTS-PRELIMINARY/FINAL PLAT
1. Submit a copy of the Ada County Street Name Committee's approval letter for the
subdivision name. Make any corrections necessary to conform.
2. Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
3. A letter of credit or cash surety in the amount of 110% will be required for all
fencing, landscaping, play equipment, pressurized irrigation, sanitary sewer, water, etc., prior
to signature on the final plat.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT -
STRICKLAND SUBDIVISION - (PFP-03-006)
PAGE 5 OF 11
4. Sidewalks within the proposed subdivision shall be built in accordance with MCC 12-
13-10-8.
5. 100-watt, high-pressure sodium streetlights will be required at locations designated
by the Public Works Department. Any streetlights shall be installed at subdivide;'s expense.
Typical locations are at street intersections and/or fire 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 permit firm the Public Works Department prior
commencing installations.
6. All irrigation ditches, laterals or canals, exclusive ofnatural waterways, intersecting,
crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City
Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage
district, or lateral users association (ditch owners), with written approval or non-approval
submitted to the Public Works Department. If lateral users association approval can't be
obtained, plans will be reviewed and approved by the meridian City Engineer prior to final
plat signature.
7. 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 new off-street parking
areas. All drainage water is to be maintained on-site. 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 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.
Submit all updatedgroundwater/soils reports to the Public Works Department for review.
Any drainage areas (detention/retentionbasfns) 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
3:1.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT -
STRICKLAND SUBDMSION - (PFP-03-006)
PAGE 6 OF 11
removed. Required landscaping trees will not be considered as replacement trees for those
trees that are removed.
9. Developer shall coordinate mailbox locations with the Meridian Post Office.
10. Any existing domestic wells and/or septic systems within this prof ect will have to be
removed 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.
11. 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.
B. Adopt the Recommendations of the ACRD as follows:
Site Specific Conditions of Approval
1. Construct a 5-foot wide detached concrete sidewalk on Meridian Road located 2-feet
within the right-of--way. Coordinate the location and elevation of the sidewalk with District
staff. If the sidewalk meanders outside of the right-of--way, provide an easement for the
sidewalk. The District will require a license agreement for the landscape strip with the
detached sidewalk. An agreement must be approved prior to the issuance of a building
permit (or any other required permits). Please contact the Right-of--Way Division at 387-
3271 for guidelines.
2. Replace unused curb cut on Main Street with standard curb, gutter and concrete
sidewalk to match existing improvements.
3. The applicant shall be required to provide access to the two lots internally from the
improved alley.
4. Dedicate additional right-of--way to provide 10-feet from centerline of the alley.
Provide additional pavement to the alley with the dedication ofright-of--way.
6. Other than the access point(s) specifically approved with this application, direct lot or
parcel access to Main Street and Meridian Road is prohibited. I,ot access restrictions; as
required with this application, shall be stated on the final plat.
Comply with all Standard Conditions of Approval.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT -
STRICKLAND SUBDIVISION - (PFP-03-006)
PAGE 7 OF 11
Standard Conditions of Annroval
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 may be
damaged during the constmction of the proposed development. Contact Constmction
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 constmction 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 fo issuance of
building permit (or other required permits), which incorporates any required design changes.
7. Constmction, 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. CountyHighwayDistrict Road Impact
Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities withintheright-
of-way. The applicant at no cost to ACRD shall repair existing utilities damaged by the
applicarit. The applicant shall be required to call DIGT.TN>F'. (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 construcfion.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT -
STRICKLAND SUBDIVISION - (PFP-03-006)
PAGE 8 OF 11
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 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 Recommendations of the Meridian Fire Deparhnent as follows:
1. Provide afire-flow per the International Fire Code Appendix D to service the project.
Fire hydrants shall be placed an average of 400' apart.
2. All internal roads shall have a fuming radius of 28' inside and 48' outside.
3. All access roads within the project shall have a clear driving surface with a minimum
width of 20' available at all times. Provide a 20' driving surface in the alley for building
access:
D. Adopt the Recommendations of Central District Health Dept 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 storntwater disposal and design a
stormwater management system that prevents groundwater and surface water degradation.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT -
STRICKLAND SUBDIVISION - (PFP-03-006)
PAGE 9 OF 11
E. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows:
If all storm drainage is retained on-site there will be no impact on the District and
no further review will be required.
2. However, if surface drainage leaves the site, the District requires a Land Use
Change Application be filed for review prior to final platting
3. All laterals and waste ways must be protected. The developer must comply with
Idaho Code 31-3805.
The final plat upon which there is contained the Certification and signature of
the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be
signed only at such time as:
a. The Plat dimensions are approved by the City Engineer;
b. The City Engineer has verified that all off-site improvements are completed
and/or the appropriate letter of credit or cash has been issued guaranteeing the
completion ofoff--site and required on-site improvements; and
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT -
STRICKLAND SUBDIVISION - (PFP-03-006)
PAGE 10 OF 11
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.
By action of the City Council at its regular meeting held on the 2 ~~day of
i`, 2004.
`~~o`~ p~ '~ erd
~'~~P9 of Meridian
Attest:
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/ui/ti~- ~ `, 4~9GCGSr tsS ,~o~;'~.:~
r
William G. Berg, Jr, City lerk '%r'~ fit,, ,,,_,, `,~~
Copy served upon Applicant, the Plannirig'.and Zoning ~eparixnent, Public Wo'`]~p '¢~.,
and City Attorney. ,.~` ,~°t ~/.q~2,
~,~`MORgT~o ~
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By:~s2~.-.~~'~~-'~`' ~ Dated: ~' Z ~O ~ ~ .S~'tl.,~L =
City Clerk S 9 0`9
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Z:\WoridM\MeddianlMeridian 15360M\Strickland Sub RZ-03-012 PFP-03-006 COP-03-063V'FP FtCls.dw ~" ~ ~ - ~~ ~, ;i~'
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARYlFINAL PLAT -
STRICKLAND SUBDIVISION - (PFP-03-006)
PAGE 11 OF 11