Loading...
HomeMy WebLinkAboutMcNelis Subdivision AZAZ 04-004 MERIDIAN PLANNING 8, ZONING MEETING April 29, 2004 APPLICANT Falcon Creek, LLC ITEM NO. REQUEST Continued Public Hearing from March 18, 2004 --Request for annexation and zoning of 34.6 acres from RUT to I -L, L-0 and C -G zones for proposed McNelis Subdivision — northwest comer of North Ten Mile Road and West Ustick Road AGENCY COMMENTS CITY CLERK: See Previous Item Packet CITY ENGINEER CITY PLANNING DIRECTOR: 13 Lk a*acA LL cL '3+6ff C o vyi ww o tr CITY ATTORNEY CITY POLICE DEFT: �fi� f� CITY FIRE DEPT: ��Off/V ,�1 CITY BUILDING DEPT: CITY WATER DEPT: ���1 ���` `"` CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: See attached Comments CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER Contacted: U NlC I Date: a 7 Phone: Emailed: f_5-C0,14U" g h ti AUPSt• , Staff Inials: {��J Materials presented at public meetings shall become properly of the City of Meridian. MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bud William LM. Nary Shaun Wardle Charles M. Rountree A. CITY OF eYlG�1G�YI it IDAHO CITY HALL (208) 888-4433 — Fax 8874813 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211—Fax 898-9551 LEGAL DEPARTMENT (208) 466-9272 — FAX 466-4405 STAFF REPORT: P & Z Hearing Date: April 29, 2004 Transmittal Date: April 26, 2004 To: Mayor, City Council and Planning & Zoning Commission RECEIVED From: Craig Hood, Associate City Planner 4%% APR 2 620%4 Bruce Freckleton, Senior Engineering Tech Of Meridian Subject: McNelis Subdivision City Clerk Office Annexation and Zoning of 34.07 Acres from RUT (Ada County) to L-0 (16.64 Acres), I -L (14.67 Acres), and C -G (2.76 Acres), by Falcon Creek, LLC. (File No. AZ -04-004). • Preliminary Plat Approval of Sixteen (16) Building Lots and Five (5) Common Lots on 34.07 Acres, by Falcon Creek, LLC (File No. PP -04-004). We have reviewed the above referenced submittals and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY The applicant, Falcon Creek, LLC, has applied for Annexation & Zoning and Preliminary Plat approval of sixteen (16) building lots and five (5) other lots on 34.07 acres of land located on the northwest comer of Ustick Road and Ten Mile Road. This site is designated as "Mixed Use — Waste Water Treatment Plant" on the City of Meridian Future Land Use Map and is currently zoned RUT in Ada County. The requested zoning designations for the property are L-0 (16.64 acres), I -L (14.67 acres), and C -G (2.76 acres). There is a single-family home on the site, with the majority of the site currently being used for agricultural purposes. Ten of the lots within the boundary of the plat are proposed for L -O zoning, 4 lots are proposed for I -L zoning, and 2 lots are proposed for C -G zoning. Within one of the I -L lots, the applicant is proposing to construct mini -storage units. Light warehousing, storage facilities, contractor's yards, and similar uses are anticipated for the remainder portion of the I -L lots. Staff has compiled a list of permitted and prohibited uses for each proposed zone (see the Annexation & Zoning section of this report). It is anticipated that the L -O zoned Iots will contain office -type uses and the C -G zoned lots will contain commercial/retail-type uses. The applicant should enter into a Development Agreement with the City that restricts uses for all of the proposed zones. See Special Consideration "A" in the Annexation & Zoning Analysis below. In order to assist the Commission and Council in determining whether the proposed zoning designations are appropriate, staff is including the purpose statements for each of the zones as stated in MCC 11-7-2: I -L (Light Industrial District): The purpose of the I -L light industrial district is to provide for light industrial development and opportunities for employment of Meridian citizens and area residents and reduce the need to commute to neighboring cities; to encourage the development of manufacturing and wholesale establishments which are clean, quiet and free of hazardous or objectionable elements, such as noise, odor, dust, smoke or glare and that are operated entirely or almost entirely within enclosed structures; to delineate areas best suited for industrial development because of location, topography, existing facilities and relationship to other land uses. This district must also be in such proximity to ensure connection to the municipal water and sewer systems of the city. Uses incompatible with light industry are not permitted, and strip development is prohibited; L -O (Limited Office District): The purpose of the L -O district is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The L -O district is designed to act as a buffer between other more intense nonresidential uses and high density residential uses, and is thus a transitional use. Connection to the municipal water and sewer system of the city is a requirement in this district; C -G (General Retail And Service Commercial District): The purpose of the C -G district is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel -related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the municipal water and sewer systems of the city, and shall not constitute strip commercial development and encourage clustering of commercial development. The applicant is proposing to construct a 10 -foot wide multi -use path near the Five Mile Creek and the Nine Mile Creek. The proposed paths are located on site, and are not within the Nampa - Meridian Irrigation District's property or easements. See Special Consideration "A" in the Preliminary Plat Analysis below. The subject applications (AZ and PP) were submitted concurrently to the Planning & Zoning Department for review. Staff has provided a detailed analysis and recommended conditions of approval for the requested preliminary plat and conditional use permit applications below. Staff recommends approval of the subject AnneradomZoning (AZ -04--004) and Preliminary Plat (PF -04-004) with the conditions outlined in this report LOCATION The property is located on the northwest corner of Ustick Road and Ten Mile Road, within Section 34 of Township 4 North, Range 1 West. SURROUNDING PROPERTIES North: Waste Water Treatment Plant/Idaho Power transmission line/Mini-storage, zoned I -L South: Single-family homes (Englewood Creek Estates), zoned R-4 East: Single-family homes (Hartford Subdivision), zoned R-4/Single-family home on 75 - acres, zoned RUT (Ada County) West: Single-family homes on large parcels, zoned R-2, C -N, and RUT OWNERS OF RECORD The property owner of record is Falcon Creek, LLC. A. Leon Blaser is an authorized agent who has provided notarized consent for Engineering Solutions, LLP, to submit the subject applications. ANNEXATION & ZONING ANALYSIS According to Ordinance 11-15-11, General Standards Applicable to Zoning Amencbnems, both the Planning & Zoning Commission and City Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment." The following is the list of standards found in 11-15-11 and analysis by staff A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; In Chapter VII of the Comprehensive Plan, the following standards apply to the Mixed Use — Waste Water Treatment Plant (MU -W WTP): • Light, professional office uses • Flex space uses, including light warehousing • No new residential uses • Limited, small-scale retail uses Mini -storage uses • Unless otherwise permitted by City -adopted incentives, all developments within this designated area will require approval through the Conditional Use Permit process. Staff finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to the annexation and zoning application (see preliminary plat analysis for further Comprehensive Plan analysis)(staff analysis is in italics below policy): "Permit new ... commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, Goal I, Objective A, Action item 6) "Locate industrial uses where adequate water supply and water pressure are available for fire protection." (Chapter VII, Goal IV, Objective A, Action item 4) The Meridian Fire and Police Departments have submitted comments and conditions for this site (see comments at end of this report). The subject site is readily serviceable by City of Meridian's sanitary sewer and water systems. "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal 1, Objective B) The proposed zoning designations provide the ability to provide a variety of commercial, office, light industrial, and retail uses in this area, as envisioned with the Comprehensive Plan. Encourage industrial development to locate adjacent to existing industrial uses." (Chapter VII, Goal IV, Objective A, Action item 2) The wastewater treatment facility and a mini -storage facility, both zoned industrial, are directly north of the area proposed for industrial zoning. "Plan land uses surrounding WWTP to reduce human exposure to odors." (Chapter VI, Goal IV, Objective A, Action item 17) "Discourage residential areas in close proximity to WWTP" (Chapter VII, Goal IV, Objective A, Action item 8) The applicant is not proposing any residential zoning with the subject application. Further, staff believes that the proposed zones, and future uses that will be permitted on this site, will limit the amount of time that people may be exposed to odors from the WWTP. • "Minimize noise, odor, air pollution, and visual pollution in industrial development adjacent to residential areas." (Chapter VII, Goal IV, Objective A, Action item 1) • "Develop a selection criteria list for business types, and incorporate it into the development review process." (Chapter IV, Goal II, Objective C, Action item 1) Staff is recommending that all of the future uses within the proposed zones be restricted with a Development Agreement. Further, to minimize noise, odor, air pollution, and visual pollution, staff is recommending that the western -most I -L and L -O zoned lots, the C -G lots, and the L -O zoned lots with frontage on Ustick Road and Ten Mile Road' go through the Conditional Use Permit process. See Special Consideration `A" below for more details. Staff finds that with an executed Development Agreement (DA) that restricts future uses on this site, and separate Conditional Use Permit review for future buildings, the requested zoning designations, I -L, L -O, and C -G, will be harmonious with and in accordance with the 2002 Comprehensive Plan and the MU-WWTP designation. B. Is the area included in the zoning amendment intended to be rezoned in the future; Concurrent with the annexation and zoning application, the applicant has submitted a preliminary plat proposing to subdivide the property into lots for future light -industrial, office, and commercial/retail uses (PP -04-004). If the annexation and proposed zoning are approved by the City, staff does not anticipate that the applicant would rezone the subject property in the future. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning — for example, a residential area turning into a commercial area by means of conditional use permits; The Comprehensive Plan requires all developments within the MU-WWTP area to obtain Conditional Use Permit (CUP) approval. Staff is proposing that the City modify this requirement for separate CUP approval for each lot and cover what uses will be allowed and prohibited using a Development Agreement, with separate CUP approval for the lots that abut Ustick Road, Ten We Road and the Nine Mile Drain. See Special Consideration "A" below. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; This area is changing from agriculture and low-density residential uses to more commercial/industrial type uses. There are mini -storage units and an Idaho Power transmission facility directly north of this site. There is a large parcel directly to the west of this site that recently rezoned to C -N (Neighborhood Commercial). The wastewater treatment facility to the north has created questions concerning what uses are appropriate adjacent to the facility. The City has previously determined that limited light industrial uses may be appropriate adjacent to the wastewater treatment facility. Staff believes that the proposed zoning designations, and future uses on this site will be developed in a fashion similar to what exists and anticipated for this area. Neither Ustick Road nor Ten Mile Road abutting this site is currently within ACHD's Five Year Work Program or Capital Improvements Plan (CIP). Other urban services, such as sewer and water, have been brought near to this site and the applicant should be able to extend such services to the site. There are properties that are currently within the City limits, abutting all four sides of this site. The Planning & Zoning Commission and City Council should consider whether the timing is correct for expansion of the city limits to this site. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; The applicant has noted just one specific user for this site, a mini -storage facility. Detailed development plans (site plan including elevations, landscaping, parking, etc.) have not been submitted for this use, or any other use, at this time. Staff recommends that the Commission and Council review the proposed uses that may be allowed on this site with a Development Agreement, to determine if the uses are appropriate and harmonious with the existing and intended character of the area (see Special Consideration "A" below for the list of uses staff is proposing be allowed on this site). The existing character of the area will, and is, currently changing, especially upon build -out of the proposed project and other similar projects in the general vicinity of the wastewater facility. Staff does not find that the proposed zoningluses will adversely change the essential character of area. Staff finds that the proposed I -L, L -O, and C -G zones, and subsequent uses allowed with a Development Agreement that are designed, constructed, operated and maintained in accordance with city ordinances and future CUP applications, should be harmonious and appropriate in appearance with the existing character of the vicinity. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; In the past, the Commission and Council have received letters and listened to testimony from near -by property owners on how the development of this site is critical to the existing quality of life in area. Staff believes that the uses listed in the table below (see Special Consideration "A') are not hazardous and will not be disturbing to existing or future neighboring uses. However, the Commission and Council should continue to take and rely upon public testimony to determine if the allowed and conditionally allowed uses will be disturbing or hazardous to the neighboring uses in the area. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; This site has approximately 900 feet of frontage on Ustick Road, and approximately 900 feet of frontage on Ten Mile Road, which are both currently 2 -lane arterial roadways. Neither Ustick Road, nor Ten Mile Road is in the ACHD's Five Year Work Plan or CIP for roadway widening. The applicant will be required to make improvements (landscaping, sidewalk, auxiliary lanes, etc.) adjacent to Ustick Road and Ten Mile Road. The ACHD Commissioners reviewed and approved this application on March 24, 2003. As part of the ACHD approval, site-specific and standard conditions for development were imposed on the applicant. NOTE: ACHD is allowing two driveways, a right-in/right-out and a full -access, on Ten Mile Road. Staff is recommending that the development construct one driveway to Ten Mile Road (see Special Consideration `B" in the Preliminary Plat Analysis below). On February 27, 2004, a joint agency/department comments meeting was held with representatives of key service providers to this property. The Meridian Fire and Police Departments have submitted a list of conditions and needs in order to adequately serve the project. The applicant should coordinate the location and design of refuse container(s) with Sanitary Services Company (SSC). Trash enclosures must be built in the location and to the size approved by SSC. All dumpster(s) must be screened in accordance with MCC 11-12-1.C. All of the detailed conditions from the Fire and Police Departments and other agencies/departments are at the end of this report. Water and sanitary sewer service to this development is proposed to be extended from existing/or mains being installed in adjacent subdivisions. Staff finds that the property proposed for annexation and zoning can be served adequately by essential public facilities and services. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; If approved, the applicant 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 development area will be fire and police services. Staff finds 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. L Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff recognizes that traffic and noise will increase with the development of this site; however, staff does not believe that the amount generated will be detrimental to the general welfare of the public. Staff finds that the proposed zoning and subsequent uses allowed with the Development Agreement and, if applicable, a Conditional Use Permit should not be detrimental to people, property or the general welfare of the area. Staff does not anticipate the proposed annexation and subsequent uses will create excessive noise, smoke, fumes, glare, or odors. J. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; As stated in the above finding, traffic will increase in this area when the site develops. The applicant is proposing two vehicular approaches to Ustick Road and three vehicle approaches to Ten Mile Road to the property. Please see Special Consideration "B" in the Preliminary Plat Analysis section, and review the ACRD report for this project for additional information regarding this finding. K Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and The Five Mile Creek and Nine Mile Creek are immediately adjacent to the site. The applicant is proposing to leave both the Five Mile Creek and the Nine Mile Creek open and construct a 10 -foot wide multi -use path along both creeks (see Special Consideration "A" in the Preliminary Plat Analysis below). Staff finds that the Five Mile Creek and the Nine Mile Creek are significant natural features that should be protected through standard stormwater and run-off management practices. Staff is not aware of any other natural or scenic feature(s) of major importance in the area that may be affected by the proposed development. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592,11-17-1992)" Staff finds that the annexation of this property would be in the best interest of the City for the following reasons: • increased commercial land base available to future developers; • increased property tax revenue; • municipal services are available to the area; and • application substantially complies with the Comprehensive Plan. Staff also finds that, based upon the fact that specific uses are not proposed at this time, it is difficult to fully determine "best interest" factors. However, the CUP process does grant the City a fairly high degree of design and use review authority when specific uses are proposed. ANNEXATION & ZONING SPECIAL CONSIDERATIONS A. Development Agreement: According to the current Comprehensive Plan, all developments within the MU -W WTP area require approval through the Conditional Use Permit (CUP) process. Staff is proposing that the City modify this requirement for separate CUP approval for all uses in this development, and cover what uses will be allowed and prohibited using a Development Agreement. Separate CUP approval for only the lots that abutting Ustick Road, Ten Mile Road and the Nine Mile Creek should be required. Staff believes that this modification will allow the City to control design and use issues required by ordinance, while allowing the proposed uses to bypass the public hearing process. This makes the process of pulling building permits more efficient for the developer(s) and the City. Below is the proposed list of allowed and prohibited uses for each zone*: I -L Zone: Permitted Uses" Animal Hospital/Kennel Automobile Repair Shop/Garage/Wash Automobile Service Station Construction Businesses: Contractor's Yard; Sheet Metal Shop; Roofing Shop; Sign Painting Shop; and Indoor/Outdoor Storage Yards Crematorium*** Drive-in Theatres; Drive-in Establishments*** Dry Cleaning*** Flex Space: Office/Warehouse Mix Greenhouses, nurseries Laboratories (Medical, Dental, and Optical) Laundries, commercial Mausoleum*** Medical Research Facilities Molded Plastic Products Mortuary*** Newspaper and Printing Establishment Parks and Plazas Pharmacy (drive-thru requires CUP approval) Printing, Lithography, Publishing and Associated Reproduction (exclusive of Paper Manufacturing) Public & Quasi -Public Uses (as defined in the Meridian Comprehensive Plan) Radio and Television Stations (except exterior communications facilities districts) Recycling Plants*** Sales: Building Materials; Hay, Grain, etc., Bulk Garden Supplies; Machinery Seed and Garden Supply All uses listed in MCC 11-8-1 as "Permitted Use" in the I -L zone, except: Prohibited Uses Asphalt and Concrete Automobile Wrecking Yard and Storage Fuel Yards Junk Yards Lumber Yards Mobile Home Manufacturing Outdoor Entertainment Centers Railroad Yards and Shops Restaurants Retail Stores Sales Lots (Auto, Recreation, Agricultural, etc.) School — Private Solid Waste Transfer Stations Truck Stop L -O Zone: Permitted Uses" Bakery Stores Clubs and Lodges Dry Cleaning*** Garage, public Greenhouse, nursery Laundromat (self-service)*** Nursing Home and Sanitariums*** Public Parking Lot Public and Quasi -public (as defined in the Comprehensive Plan) Radio and T.V. Research Facility Technical School*** Veterinary Clinics and Hospitals All uses listed in MCC 11-8-1 as "Permitted Use" in the L -O zone, except: Prohibited Uses Apartment Houses Childcare Center Convenience Store Department Store Drive-in Theatre, Drive-in Establishment Family Childcare Home Group Childcare Home Hospitals Hotels Motels Multi -family Dwellings Nurseries and Daycare Centers School — Private, Public C -G Zone****: Permitted Uses** All uses listed in MCC 11-8-1 as "Permitted Use" in the C -G zone, except: Prohibited Uses Bars, Alcohol Establishments Contractor's Yard Entertainment Centers, Outdoor Lumber Yard Nursing Homes and Sanitariums Truck Stops * This list is not an exhaustive inventory of all possible uses. When/if a use is proposed that is not specifically listed, such use shall be hereby expressly prohibited unless by application and authorization it is determined by the Planning and Zoning Administrator that said use is similar to and compatible with a listed permitted use. Such use(s) may then only be permitted as a conditional use, regardless of the proposed site location. * * A use listed as a permitted use in any zone will require CUP approval if it is proposed on Lots 2, 3, and 4, Block 2, and Lots 1-5, and 7, Block 1. * ** CUP approval is required, regardless of the proposed site location. **** All uses within the C -G zone require CUP approval. B. History: In August of 2002, the City Council adopted the current Comprehensive Plan and Future Land Use Map, which created the MU -W WTP designation for the area around the wastewater treatment facility. The primary reason for creating the MU -W WTP designation was to minimize any possible negative impacts the wastewater facility may create upon residents and businesses in the area. The City does receive complaints from residents about odors, especially during sludge transport. This is the only planned treatment facility in the city and its operations are expected to expand in the fixture. Historically, the question of "compatible" uses in this area has been a difficult one to determine. The term "compatible" is not defined in the Zoning Ordinance and is usually determined largely through the public hearing process. Ultimately the Commission and Council must establish the parameters for compatibility with zoning and comprehensive plan designations. On August 6, 2002, the City Council denied a request for annexation and zoning to I -L for this site. Concurrent with the annexation and zoning request, the applicant was proposing to subdivide the property into 12 buildable lots (Utility Subdivision). This project was denied because the anticipated uses proposed for that site, a school bus facility and a solid waste transfer station were not found to be light industrial uses and the development had too much potential to negatively impact the surrounding neighbors. Following is a general breakdown of the acreage and current uses within the MU- WWTP area: Use / Owner I Acre4ge W WTP / City of Meridian 46.5 Existing Low Density Residential / Various 46.4 Irrigation & Drainage / Bureau of Rec/NMID 17.62 Mini Storage / Bilmar Inc. 11.75 Drawbridge Subdivision 5.01 Idaho Power Substation / Idaho Power 1.03 Vacant/Undeveloped Land / Various 292.1 TOTAL WWTP AREA 420.43 Of the 292 acres available for development, approximately 40 acres is tentatively designated as future school district property (Quenzer property), leaving a balance of approximately 250 acres available for non-residential uses. Most warehousing, light industrial and flex -building uses are more land -intensive than retail and office and typically have lower floor -to -area ratios. Meaning that these uses, as well as the anticipated uses that will be allowed on this site, will not have as many buildings/users as other people -intense uses. Based on previous City action in this area, it is important to not compromise the ability of future development to comply with the existing Comprehensive Plan; reducing human exposure to odors and discouraging new residential in close proximity to the WWTF. 1. The submitted legal description appears to meet the requirements of the City of Meridian and State Tax Commission and will place the parcel contiguous to existing city limits. 2. The subject property is within the Urban Services Planning Area. 3. All future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. 4. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian and the property owner(s). The DA shall require that: • All proposed uses on future lots or parcels that abut Ustick Road and/or Ten Mile Road, and/or abut the Nine Mile Creek (shown as Lots 2, 3, and 4, Block 2, and Lots 1-5, and 7, Block 1, on the concurrent preliminary plat) shall be approved through the Conditional Use Permit process. All principally permitted uses, as defined herein, within lots or parcels that do not abut Ustick Road and/or Ten Mile Road, and that do not abut the Nine Mile Creek (shown as Lots 5-7, Block 2, and Lots 8-9, and 11-12, Block 1, on the concurrent preliminary plat) shall not require separate Conditional Use Permit approval. • No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) from the Meridian Planning and Zoning Department (MCC 11-19-1). • Business hours for the I -L and L -O zoned properties shall be limited to 7 am to 10 pm. • The permitted and prohibited use list for each proposed zoning district outlined in the Special Consideration section of this report shall be incorporated into the Development Agreement document. 5. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. PRELEMINARY PLAT ANALYSIS Sections 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; In addition to the Goals, Objectives, and Action items listed in the Annexation & Zoning section of this report, staff finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to the preliminary plat application (staff analysis is in italics below policy): "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2) "Develop methods such as cross -access agreements, frontage roads, to reduce the number of existing access points onto arterial streets." (Chapter VI, Goal II, Objective A, Action item 12) The applicant is proposing one driveway and one public street access point to Usttck Road; an arterial street. The applicant is proposing two driveways and one public street access point to Ten Mile Road, an arterial street. Staff is recommending that one of the proposed driveways to Ten Mile Road be removed and that a cross -access agreement be executed for the office and commercial lots. (See Special Consideration "B" below) "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) In accordance with City Ordinances, the Applicant is proposing to construct 25 foot wide landscape buffers adjacent to both Ustick Road and Ten Mile Road (See detailed analysis of the proposed and required landscape requirements in Special Consideration "C" below.) "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action item 5) On the submitted landscape plan, landscaping between the different land uses as required with MCC 12-13 is not shown. (See detailed analysis in Special Consideration "C" below.) "Improve and protect creeks (Five Mile, Eight Mile, Nine Mile, Ten Mile, South Slough, and Jackson and Evans drainages) throughout commercial, industrial and residential areas." (Chapter V, Goal I, Objective A, Action item 11) • "Develop and maintain greenbelts along waterways." (Chapter V, Goal 1, Objective A, Action item 4) The applicant is proposing to leave the Five Mile Creek and the Nine Mile Creek open abutting this site. The applicant is proposing to construct a Multi -Use Pathway along both the Five Mile and Nine Mile Creeks, thereby enhancing the natural features and the development. (See detailed analysis in Special Consideration "A " below.) "Consider `Accommodating Bicycle and Pedestrian Travel: A Recommended Approach' from the National Center for Bicycling and Walking in all land use decisions." (Chapter VI, Goal H, Objective A, Action item 3) This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. The applicant will be constructing sidewalks and multi -use pathways with this development. With compliance of the Site Specific and Standard conditions listed herein, staff finds that the proposed subdivision will be in compliance with the Comprehensive Plan. B. The availability of public services to accommodate the proposed development; Staff finds that public services are available to accommodate the proposed development. See Annexation and Zoning Analysis "H" above. C. The continuity of the proposed development with the capital improvement program; Staff finds 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. D. The public financial capability of supporting services for the proposed development; Staff finds 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. Staff recommends that the Commission and Council consider the Meridian Police and Fire Departments' comments with regard to their capability to serve the proposed development. E. The other health, safety or environmental problems that may be brought to the Commission's attention. Except for the inherit problems (real and/or perceived) associated with the wastewater treatment facility, staff finds that there should not be any other health, safety or environmental problems near this site that should be brought to the Council or Commission's attention. ACHD considers road safety issues in their analysis; no hazardous natural features have been identified on the site. Staff finds the Commission and Council should rely on any public testimony that may be presented to determine whether the proposed use may cause health, safety or environmental problems that staff is unaware of. PRELIMINARY PLAT SPECIAL CONSIDERATIONS A. Multi -Use Pathways: On the Comprehensive Plan Future Land Use Map, a multi -use pathway is shown adjacent to the Five Mile Creek and the Nine Mile Creek. The applicant is proposing to construct the portions of the pathways shown on the Comprehensive Plan that are adjacent to the site. Unlike several other laterals in the County, the Nampa -Meridian Irrigation District (NMID) owns approximately 140 -feet of property for the Five Mile Creek. There is approximately 50 feet between the top of bank of the Five Mile Creek and the property line for McNelis Subdivision. Because the NMID owns the property for the Five Mile Creek and the Nine Mile Creek, the applicant is proposing to construct the multi -use pathways entirely on their site, outside of the NMID property. With the approval of Bridgetower Subdivision, it was envisioned that the pathway adjacent to the Five Mile Creek would be on the north side of the lateral. However, because the applicant is proposing to construct the multi -use pathway on their property, and the Public Works Department has concerns about placing a pathway adjacent to the treatment facilities, staff is supportive of the applicant's proposal. Construction of the multi -use pathway in this area brings the City one-step closer to having a continuous pathway from Tully Park, through Bridgetower, and up to the northwest part of the City. With the construction of the pathway adjacent to the Idaho Power Company property (on Ten Mile Road) in the future, a great amenity for the residents in this area will be realized. In conjunction with the construction of the multi -use pathway adjacent to the Five Mile Creek and Nine Mile Creek, the applicant should stub the pathway to the west property line so that it can tie into the future Five Mile Creek pathway/crossing. See Site Specific Condition #1 below. B. Access: According to the submitted Traffic Impact Study, this development is projected to generate an average daily traffic of 2,678 vehicle trips per day. The development proposes one full access approach and one public street approach onto Ustick Road, and one public street approach, one full access approach, and one right-in/right-out approach to Ten Mile Road. Usually the City relies on ACHD and/or ITD to approve access. Staff recognizes that the proposed access locations meet ACHD's requirements (ACRD is allowing two driveways, a right-in/right-out and a full -access, on Ten Mile Road). However, the Meridian Comprehensive Plan calls for the City to restrict access points on collector and arterial streets. Numerous driveways at close spacing limits the ability of the traffic stream to absorb vehicles entering the main street from the local driveways. Numerous access points cause increased delay and traffic conflicts. Driveway spacing at greater distances will increase the number of opportunities for traffic entering the main roadway and reduce both conflict and delay. For the reasons mentioned above, staff recommends that the applicant remove one of the two proposed driveways to Ten Mile Road. The applicant should be allowed one full access approach and one public street approach onto Ustick Road, and one public street approach and one full access OR one right- in/right-out access to Ten Mile Road. See Site Specific Condition #2 below. Cross -Access: The applicant should be required to record a cross access agreement for the office and commercial lots in Block 1, to use the driveways to Ustick Road and Ten Mile Road as access to the public street system. See Site Specific Condition #3 below. C. Landscape Plan: The submitted landscape plan, prepared by Harvest Design, P.C., and dated 1-15-04 is not approved as submitted. The following should be included in a revised landscape plan: Street Buffers: Arterial Streets: Meridian City Code (MCC) 12-13-10-4 requires a 25 -foot wide landscape buffer along arterial streets. All required buffers shall be located beyond any future street right-of-way (MCC12-13-10-2). MCC 12-13-7-2 prohibits conifer trees from being planted along any non-residential street. In accordance with Meridian City Code, the applicant should provide a 25 -foot wide landscape buffer along Ustick Road and Ten Mile Road. Conifer trees should not be planted within the required buffer area. Commercial Streets: Meridian City Code 12-13-10-4 requires a 10 -foot wide landscape buffer along local/commercial streets. MCC 12-13-7-2 prohibits conifer trees from being planted along any non-residential street. In accordance with Meridian City Code, the applicant should provide a 10 -foot wide landscape buffer along both sides of Burley Avenue/McNelis Drive. Landscaping shall be in accordance with MCC 12-13-10. Existing Trees: 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 are removed (MCC 12-13-13-3). Unimproved Right -of -Way: Meridian City Code 12-13-10-9 requires a 10 -foot wide gravel shoulder abutting right-of-way where the unimproved portion of the right-of-way is greater than 13 feet (measured from the edge of pavement to the edge of sidewalk or property line), and road widening is not in the ACHD Five Year Work Program. The remainder of the unimproved right-of-way should be landscaped with lawn or other vegetative groundcover. Both Ustick Road and Ten Mile Road abutting this site meet the warrants for the 10 -foot wide gravel shoulder requirement listed above. Therefore, the applicant should be required to construct a 10 -foot wide gravel shoulder on Ustick Road and Ten Mile Road, with the remaining portion of the right-of-way being landscaped with lawn or other vegetative groundcover. Land Use Buffers: Meridian City Code 12-13-12-5 requires a 25 -foot wide landscape buffer between L -O zoned property and I -L zoned property, and a 20 -foot wide landscape buffer between L -O zoned and C -G zoned property. Meridian City Code 12- 13-12-2 requires the land use buffer to be provided by the higher intensity use and to be located on the building site of the higher intensity use. In accordance with MCC 12-13- 12, a 25 -foot wide land use buffer should be constructed on the south side of Lot 4, Block 2, and a 20 -foot wide land use buffer should be constructed on the north and west sides of Lots 3 and 4, Block 1. Landscaping Multi -Use Pathways: On the submitted site plan the applicant is not proposing any landscaping adjacent to the Nine Mile Creek or Five Mile Creek pathways. Staff recommends that a minimum 5 -foot wide landscape strip, with one tree for every 354inear feet be provided along both sides of the paths. Additional width is encouraged to allow trees to be planted further from the pathways and prevent root damage to the path. D. Fencing: The applicant did not submit a fencing plan with the preliminary plat application. Staff has concerns with the type and height of fencing that may be constructed adjacent to the I -L and L -O zoned lots that contain the multi -use -pathways. The design of the proposed multi -use pathway areas has the potential of creating hiding spots (see Meridian Police Department comments at the end of this report). It is recommended that open fencing, rather than solid fencing be installed along the pathways. Staff is requesting that at the public hearing the applicant clarify what type of fence is anticipated along the west and north sides of the plat. Closed-vision1sight- obscuring fencing taller than 3 -feet should not be allowed on the west side of the multi- use pathway (west side of the plat). Closed-visionlsight-obscuring fencing taller than 3 - feet should not be allowed on the north side of the multi -use pathway (north side of the plat). In order to prevent a shy -distance problem for patrons of the pathways, fencing constructed on either side of a multi -use pathway should be a minimum of 5 feet from the edge of pavement. Unless otherwise approved by the City, all fencing shall be constructed in accordance with MCC 124-10. A detailed fencing plan should be submitted upon application of the final plat (MCC 124-10.F.3). See Site Specific Condition #5 below. E. Piping of Ditches, Laterals. and Canals: Meridian City Code 124-13.A.1 requires all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous, or which canals, ditches or lateral touch either or both sides of the area being subdivided, to be covered and enclosed with tiling or other covering equivalent in ability to detour access to said ditch, lateral or canal. The applicant is proposing to leave the Nine Mile Creek and the Five Mile Creek, which are both natural waterways, open. The Nine Mile Creek and the Five Mile Creek are natural waterways that should be protected. In accordance with Meridian. City Code, all other irrigation ditches, laterals or canals that cross, intersect or lie adjacent to the subject site should be covered or tiled. See Site Specific Condition #6 below. F. Pressure Irrigation.- The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should 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 final plat by the Meridian City Engineer. See Site Specific Condition #7 below. SITE SPECIFIC CONDITIONS (PRELIMINARY PLAT) 1. Construct a 10 -foot wide, hard -surfaced pathway along the west property line, from Ustick Road to the north property line (approximately). Construct a 10 -foot wide, hard - surfaced pathway along the north property line, from the west property line to the east property line (Idaho Power property). Said pathways shall be fully improved prior to issuance of the first building permit in the development. Prior to occupancy of any building, a permanent pedestrian easement, in favor of the City of Meridian, shall be recorded for the multi -use pathway. The easement(s) shall be sufficient width to cover the 10 -wide pathways. Buildings are precluded from being constructed within this easement. Additionally, a note shall be added to the face of the final plat(s) indicating the City of Meridian is responsible for the maintenance of the pathway surface located within the easement. The applicant shall conform to the Meridian Parks and Recreation Department standards for construction of the regional pathway, as published in the August 2003 Comprehensive Parks and Recreation System Plan, pgs. 3-2 and 3-3, sections B & C. A note shall be added to the face of the final plat stating that the McNelis Business Owners Association is responsible for maintenance of all landscaping adjacent to the pathways. 2. Construct one full access approach and one public street (Burley Avenue) approach onto Ustick Road, and one public street (McNelis Drive) approach and one full access OR one right-in/right-out access to Ten Mile Road. Said access points shall be built in accordance with ACRD policy. 3. Provide the City with a copy of a recorded cross access agreement for the office and commercial lots in Block 1, to use the driveways to Ustick Road and Ten Mile Road as access to the public street system. 4. The submitted landscape plan, prepared by Harvest Design, P.C., and dated 1-15-04 is not approved as submitted. The following should be included in a revised landscape plan: • Provide a 25 -foot wide landscape buffer along Ustick Road and Ten Mile Road. Conifer trees are not allowed within the required buffer area. • Provide a 10 -foot wide landscape buffer along both sides of Burley Avenue/McNelis Drive. Landscaping shall be in accordance with MCC 12-13- 10. • 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 are removed. • Construct a 10 -foot wide gravel shoulder on Ustick Road and Ten Mile Road, with the remaining portion of the right-of-way being landscaped with lawn or other vegetative groundcover. A license agreement from ACHD for landscaping within the right-of-way will be required. • Remove the proposed conifer trees from the proposed landscape buffers on Ustick Road and Ten Mile Road. • Depict a 25 -foot wide land use buffer on the south side of Lot 4, Block 2, and a 20 -foot wide land use buffer on the north and west sides of Lots 3 and 4, Block 1. Construction of the land use buffers shall be in accordance with MCC 12-13-12- 3. • Provide a minimum 5 -foot wide landscape strip, with one tree for every 35 -linear feet, along both sides of the multi -use pathways (on the west and north sides of the development). Additional width is encouraged to allow trees to be planted further from the pathway and prevent root damage to the path. Submit 10 copies of a revised landscape plan, depicting the above-mentioned changes, to the City Clerk at least 10 days prior to the next public hearing. 5. Solid fencing greater than 3 -feet in height is prohibited on the west side of the Nine Mile Creek multi -use pathway. Solid fencing greater than 3 -feet in height is prohibited on the north side of the Five Mile Creek multi -use pathway. Fencing constructed on either side of a multi -use pathway should be a minimum of 5 -feet from the edge of pavement. A detailed fencing plan should be submitted upon application of the final plat. Unless otherwise approved by the City, all fencing shall be constructed in accordance with MCC 12-4-10. 6. The applicant shall not be required to tile or cover the Five Mile Creek or the Nine Mile Creek. Any ditch, canal or lateral to be piped shall be shown on plans, which shall be approved by the appropriate inigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 7. 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 irrigation system within this development is to remain a private 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, 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 final plat by the City Engineer. 8. Sanitary sewer and water service to this site shall be via main line extensions from existing mains 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. Cover over the sanitary sewer shall be no less that three -feet from finish grade to the top of pipe. 9. Please submit final groundwater/soils monitoring data as prepared by a soils scientist with the final plat. 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 3:1. 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. Maintenance of all common areas shall be the responsibility of the McNelis Business Owners Association. STANDARD CONDYI'IONS 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. 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 solid 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. 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. All sidewalks shall be constructed in accordance with MCC 12-5-2.K, Prior to signature of the final plat(s), all sidewalks shall be constructed or a financial guarantee that said improvements will be completed shall be provided 11. All lot, parcel and tract sizes shall meet the minimum dimensional standards as established in the zoning ordinance. 12. Minimum building setback lines shall be in accordance with the zoning ordinance in effect at the time of issuance of building permit(s). 13. 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. 14. 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. 15. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. Other Aeencv/Deoartment Comments & Conditions MERIDL4N PARKS DEPARTMENT 1. Pathway and Trail Standards: As published in the August 2003 Comprehensive Parks and Recreation System Plan, pgs. 3-2 and 3-3, sections B & C. 2. Standard for Mitigation of Trees: The standard established in the City of Meridian Landscape Ordinance will be followed. 3. Standard Plan for Protection of Existing Trees During Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. MERIDIAN FnmE DEPARTMENT 1. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 1/2' outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 2. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside. 3. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 4. The roadways shall be build to Ada County Highway District standards and shall have a clear driving surface available at all times, which is 20' wide. 5. Provide a Knoxbox entry system for any gated uses within the development. 6. All trash dumpsters shall be a minimum of 5 -feet away from any building. The Meridian Fire Department has concerns over the lack of secondary access to the future storage unit complex on Lot 4, Block 2. To mitigate the access inadequacy, block walls may be required as determined by the Meridian Fire Department. Fire flow for the development shall be for the worst-case scenario. The proposed fire area will be limited to available water flow. MERIDIAN POLICE DEPARTMENT The design of the proposed multi -use pathway areas has the potential of creating hiding spots. It is recommended that chain link fencing, rather than solid fencing be installed along the pathways. With the final plat application, the applicant shall submit a revised landscaping plan that allows visibility down the pathway. Staff recommends approval of the submitted Annexation & Zoning (AZ -04-004) and Preliminary Plat (PP -04-004) applications, with the conditions listed above. "` Ada Count Highway District � Y g Y John S. Franden, President 3775 N. Adams Street Dave E. Wynkoop 1st Vice President Garden City ID 83714-6499 Susan S. Eastlake, 2nd Vice President Phone (208) 387-6100 Sherry R. Huber, Commissioner FAX (208) 387-6391 Dave Bivens, Commissioner E-mail: tellus@ACHD.ada.id.us April 2, 2004 To: Falcon Creek LLC 621 North Robinson Road Nampa, Idaho 83687 Subject: McNelis Subdivision/MAZ04-004/MPP04-004 16 -lot commercial subdivision 3365 North Ten Mile Road RECEIVED APR - 5 2004 City of Meridian City Clerk Office On March 24, 2004, the Ada County Highway District acted on your application for the above referenced project. The attached report lists site-specific requirements, conditions of approval and street improvements, which are required. If you have any questions, please feel free to contact me at 208-387-6177. SincereI , Andrea N. Tuning Principal Development Analyst Right-of-way & Development Services Planning Division CC: Planning & Development project file City of Marldian Construction Services Drainage Utilities Engineering Solutions 150 East Aikens Street Suite B Eagle, Idaho 83616 `H Ada County Highway District & Development Department Planning Review Division This application requires Commission due its location within the North Meridian Planning Area and the estimated vehicle trips per day that the site is anticipated to generate. This item is scheduled to be on the consent agenda on Wednesday March 24, 2004. Tech Review for this item was held with the applicant on Friday March 12, 2004. Please refer to the attachment for request for reconsideration guidelines. Staff contact: Andrea N. Tuning, 208 -387 -6177 -phone, 208 -387 -6393 -fax, atuning(aachd.ada.id.us File Numbers: McNelis Subdivision/MAZ04-004/MPP04-004 Site address: 3365 North Ten Mile Road Owner/Applicant: Falcon Creek, LLC 621 North Robinson Road Nampa, Idaho 83687 Representative: Engineering Solutions 150 East Aikens Street, Suite B Eagle, Idaho 83616 Application Information: The applicant has submitted an application to the City of Meridian requesting annexation, rezone and preliminary plat approval to construct a 16 -lot commercial subdivision on 34.6 -acres. The site is currently zoned RUT and is proposed to be rezoned to I -L, L -O and C -G. The site is anticipated to contain 2 - commercial lots, 10 -office lots and 4 -light industrial lots. The site is located on the northwest corner of Ustick Road and Ten Mile Road. Acreage: 34.6 -acres Current Zoning: RUT Proposed Zoning: I -L, L -O and C -G Buildable Lots: 16 -lots Common Lots: 5 -lots Vicinity Map A. Findings of Fact 1. Trip Generation: This development is estimated to generate 2,678 additional vehicle trips per day (10 existing) based on the submitted traffic impact study. 2. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of a building permit. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 3. Site Information: The site currently has a single-family dwelling with several out buildings. 4. Description of Adjacent Surrounding Area: a. North: 46.48 -acre site owned by the City of Meridian, 11.748 -acre site, 1.03 -acre site owned by Idaho Power b. South: Englewood Creek Subdivision c. East: Hartford Subdivision and 75.0 -acres d. West: 23.7 -acres, 0.976 -acres, 0.879 -acres and 6.388 -acres 6. Impacted Roadways Ustick Road: Frontage: 935 -feet Functional Street Classification: Minor Arterial Traffic count: West of Ten Mile Road was 3,604 on 8-2-01 Level of Service: Currently better than C Speed limit: 45 MPH Ten Mile Road: Frontage: 935 -feet Functional Street Classification: Minor Arterial Traffic count: South of Ustick Road was 4,427 on 8-2-01 Level of Service: Currently better than C Speed limit: 50 MPH Roadway Improvements Adjacent To and Near the Site Usitck Road is currently improved with 2 -traffic lanes with no curb, gutter or sidewalk abutting the site. There is a meandering sidewalk that is located on the south side of Ustick Road that was constructed as a part of Englewood Creek Subdivision. Ten Mile Road is currently improved with 2 -traffic lanes with no curb, gutter or sidewalk abutting the site. 8. Existing Right -of -Way Usitck Road has a total of 73 -feet of right-of-way (25 -feet from centerline). Ten Mile Road has a total of 70 -feet of right-of-way (25 -feet from centerline). 9. Existing Access to the Site The site currently utilizes an existing driveway that is 15 -feet in width and intersects Ten Mile Road approximately 440 -feet north of Ustick Road. 2 10. Site History On October 17, 2001, the District approved an annexation, rezone and preliminary plat application on this site. The site was proposed to be rezoned from RUT to I -L and consist of 8 -industrial lots. The site was anticipated to generate 3,006 VTPD. The City of Meridian denied the application for the 8 -lot industrial subdivision. 11. Traffic Impact Study: A traffic impact study was required with this application. The study was completed by Washington Group International. The following is a summary of the conclusions/recommendations from the submitted traffic impact study. 1. The proposed McNelis Subdivision development is projected to generate an average daily traffic (ADT) of 2,678 vehicles per day (vpd), of which the peak hour traffic (PHT) is projected to be 327 vehicles per hour (vph). Due to the nature of the development, a percentage of these trips would be pass -by trips that would be present regardless of the development. New trip percentages were determined based on the newly approved Ada County Highway District policy manual. Using these percentages, the new trips that would be added to the existing roadways are 2,382 vpd, with 293 vehicle trips in the p.m. peak hour. 2. The development proposes one full -access driveway approach and one public street approach onto Ustick Road, and one public street approach, one full -access driveway approach, and one right -in right -out driveway approach to Ten Mile Road. At the build out year of 2007 the approaches are projected to operate well under capacity. 3. All access locations conform with the Ada County Highway District policy manual. 4. The Ada County Highway District's requirements for right -turn bays and left -turn bays were used to evaluate the need for right and left -tum lanes at the site accesses. Based on these findings, none of the site approaches require separate left -turn lanes. A special radius is warranted at the Ten Mile Road/McNelis Drive approach for southbound right -turning vehicles, and a right -turn lane is required at the Ustick Road/Burley Avenue approach. No other approaches warranted right -turn treatments. 5. A capacity analysis for the Ustick Road/Ten Mile Road intersection for the 2011 build -out scenario was performed. The intersection was analyzed as it currently exists with an all -way stop control. Using the 2011 build -out volumes the intersection is projected to operate at a LOS E with a delay of 43 seconds per vehicle. The capacity analysis was then performed for the 2011 build -out with the addition of left -turn lanes on the southbound, eastbound, and westbound approaches yielding a LOS C with a delay of 22 seconds per vehicle. It is recommended that left -turn lanes be constructed by ACHD at the Ustick Road/Ten Mile Road intersection as warrants are met. 6. A roadway capacity analysis was performed for Ustick Road and Ten Mile Road to ensure that adequate capacity is available for the projected increase in traffic. Capacity is available for the 2011 build out volumes. These roadways will not have adequate capacity to handle the build out of the 12 -square mile North Meridian Planning Area at 2020. Any improvement on these roadways should be based on the recommendations of the North Meridian Area Traffic Study. 12. Capital Improvements Plan/Five Year Work Program These segments of Ustick Road and Ten Mile Road are not included in the District's Five Year Work Program or Capital Improvements Plan. 12. Other Development in Area Staff has reviewed a number of development applications in the north Meridian area. The following list is a compilation of developments that the District has approved recently within this identified area: ♦ On October 17, 2001 the Commission approved a rezone and preliminary plat application for an 8 -lot industrial subdivision on 34.6 -acres (Utility Subdivision). Note: Later denied by City of Meridian. ♦ On November 7, 2001 the Commission approved a rezone and annexation application for 370 - acres. The Commission also approved a preliminary plat for 336 -lots on 175 -acres and conditional use approval for a total of 692 single-family residences, 59 senior housing units, 17 office lots, 10 commercial lots, and an elementary school (Bridgetower Subdivision). ♦ On February 6, 2002, the Commission approved a preliminary plat application for a 272 -lot residential subdivision on 78 -acres (Baldwin Park). ♦ On April 17, 2002, the Commission approved a preliminary plat application for a 285 -lot subdivision on 75 -acres (Heritage Commons Subdivision). ♦ On May 22, 2002, the Commission approved a preliminary plat application for an 876 -lot mixed- use subdivision. The subdivision consisted of 862 single-family dwellings, 171 multi -family dwellings, 11 office buildings, 1 commercial building, 1 fire station, 1 city park and 1 private park (Lochsa Falls Subdivision). ♦ On July 17, 2002, the Commission approved a request for approval for an annexation and rezone for a 135,000 square foot Middle School within the Meridian School District. ♦ On August 21, 2002, the Commission approved a preliminary plat application for a 144 -lot residential subdivision on 43 -acres (Sundance Place Subdivision). ♦ On August 28, 2002, the Commission approved a preliminary plat application for a 12 -lot residential subdivision on 5 -acres (Drawbridge Subdivision). ♦ On October 23, 2002, the Commission approved an 89 -lot residential subdivision on 15.4 -acres (Cobblefield Crossing Subdivision). ♦ November 6, 2002, the Commission approved a 327 -lot residential subdivision and 1 school site on 120 -acres (Havasu Creek Subdivision). ♦ On November 6, 2002, the Commission approved a 3 -lot commercial subdivision that is anticipated to include a new Meridian School District Educational Campus that will include one elementary school, two senior high charter schools, two senior high professional technical high schools and one District administration building on 39 -acres (Education Campus Subdivision). ♦ On November 20, 2002, the Commission approved, Burney Glen Subdivision, a 117 -lot single- family residential subdivision on 36 -acres ♦ On November 26, 2002, the Commission approved Cedar Springs North Subdivision, a 229 -lot mixed-use subdivision consisting of 184 -single-family residential lots, 12 -office lots, and 32 - common lots and 1 -lot that is anticipated to redevelop into attached single-family residential lots (town houses). ♦ On January 8, 2003, the Commission approved Watersong Estates Subdivision, a 125 -lot single- family residential subdivision located on 39.92. ♦ On January 15, 2003, the Commission approved Silverleaf Subdivision, a 73 -lot mixed-use subdivision. The subdivision is proposed to contain 72 -single-family residential lots and 1 - elementary school lots located on 38.65 -acres. ♦ On January 29, 2003, the Commission approved Parkstone Subdivision, a 334 -mixed-use subdivision proposed to contain 275 -single-family residential lots, 52 -townhouse lots, 4 -office lots, 2 -commercial lots and 1 -mini storage lot. ♦ On February 19, 2003, the Commission approved Setter Cove Subdivision, a 16 -lot single-family residential subdivision located on 10 -acres. ♦ On March 19, 2003, the Commission approved Paramount Subdivision, an 847 -lot mixed-use subdivision proposed to contain 764 single-family residential lots, 5 -commercial and office lots, 73 -townhouse lots, 1 multi -family lot (270 apartments), a community center, 1 -elementary school lot, 1 -high school lot and 2 -church lots on 392 -acres. ♦ On April 23, 2003, the Commission approved Birchstone Creek Subdivision, a 98 -lot residential subdivision consisting of 89 single-family lots, an elementary school site and 8 common lots on 34.5 -acres. ♦ On July 2, 2003, the Commission approved Kelly Creek Subdivision, a 230 -lot mixed us subdivision consisting of 216 single-family lots and 14-commercial/office lots. ♦ On November 7, 2003, the District approved Cobblefield Crossing Subdivision #2, a 39 -lot single- family residential subdivision on 7.98 -acres. ♦ On November 12, 2003, the Commission approved Saguaro Canyon Subdivision, a 461 -lot single-family residential subdivision on 140.25 -acres. ♦ On December 3, 2003, the Commission approved a 66 -lot single-family residential subdivision. on 15.04 -acres. ♦ On December 3, 2003, the Commission approved Sheridan Place Subdivision, a 46 -lot single- family residential subdivision on 13.995 -acres. ♦ On December 17, 2003, the Commission approved Razberry Crossing Subdivision, a 38 -lot mixed-use subdivision on 11.31 -acres. The subdivision is proposed to contain 34 -single-family residential lots and 4 -office lots. ♦ On January 7, 2004, the Commission approved Baldwin Park Subdivision, a 71 -lot single-family residential subdivision on 19.07 -acres. ♦ On January 21, 2004, the Commission approved Settlement Bridge Subdivision, a 266 single- family residential subdivision on 70.64 -acres. ♦ On March 3, 2004, the Commission approved Jaydan Village Subdivision, a 75 -lot single-family single-family residential subdivision on 16.73 -acres. B. Findings for Consideration Right -of Way and Sidewalk District policy requires 96 -feet of right-of-way on arterial roadways (Figure 72-F1 B). This right-of-way allows for the construction of a 5 -lane roadway with curb, gutter, 5 -foot concrete detached sidewalks and bike lanes. District policy requires 5 -foot wide (minimum) concrete sidewalk on all arterial streets Ustick Road Ustick Road is not listed as a proposed project in the District's currently adopted Five -Year Work Program or in the currently adopted 20 -year Capital Improvements Plan. As such, the applicant cannot receive reimbursement for dedicated right-of-way from available collected impact fees. The applicant shall do one of the following: a. Dedicate by donation a total of 48 -feet of right-of-way along Ustick Road, and construct a minimum 5 -foot wide concrete sidewalk along Ustick Road, located a minimum of 41 -feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5 -foot wide concrete sidewalk along Ustick Road, located a minimum of 41 -feet from the centerline of the right-of-way, in an easement provided to the District. 5 c. Do not dedicate additional right-of-way, but construct a minimum 5 -foot wide concrete sidewalk along Ustick Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. Ten Mile Road Ten Mile Road is not listed as a proposed project in the District's currently adopted Five -Year Work Program or in the currently adopted 20 -year Capital Improvements Plan. As such, the applicant cannot receive reimbursement for dedicated right-of-way from available collected impact fees. The applicant shall do one of the following: a. Dedicate by donation a total of 48 -feet of right-of-way along Ten Mile Road, and construct a minimum 5 -foot wide concrete sidewalk along Ten Mile Road, located a minimum of 41 -feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5 -foot wide concrete sidewalk along Ten Mile Road, located a minimum of 41 -feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5 -foot wide concrete sidewalk along Ten Mile Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Roadway Offsets District policy 7204.11.6, requires local roadways to align or offset a minimum of 300 -feet from an arterial roadway (measured centerline to centerline). Main Entrance on Ustick Road The applicant is proposing to construct a commercial roadway that intersects Ustick Road approximately 690 -feet west of Ten Mile Road. This roadway location meets District policy and should be approved with this application. Main Entrance on Ten Mile Road The applicant is proposing to construct a commercial roadway that intersects Ten Mile Road approximately 830 -feet north of Ustick Road. This roadway location meets District policy and should be approved with this application. 3. Street Sections District policy 7202.8 and 72-F1B, requires roadways abutting commercial developments to be constructed as a 40 -foot street section with curb, gutter and 5 -foot concrete sidewalk within 54 -feet of right-of-way. The applicant is proposing to construct the internal spine roadway as a 40 -foot street section with vertical curb, gutter and a 5 -foot attached concrete sidewalk on both sides of the roadway. The proposed street section meets District policy and should be approved with this application. 4. Driveways District policy 72-F5, requires driveways located on collector or arterial roadways with a speed limit of 45 to align or offset a minimum of 230 -feet from any existing or proposed driveway. District policy 72-F5, requires driveways located on collector or arterial roadways with a speed limit of 50 to align or offset a minimum of 255 -feet from any existing or proposed driveway. 0 District policy F2 -F4 (1) and 72-F4 (2), requires driveways located on local residential roadways to offset a controlled and/or uncontrolled intersection a minimum of 50 -feet (measured near edge to near edge). District policy 7207.9.3 restricts commercial driveways with daily traffic volumes over 1,000 vehicles to a maximum width of 35 -feet. Most commercial driveways will be constructed as curb -cut type facilities if located on local streets. Curb return type driveways with 15 -foot radii will be required for driveways accessing collector and arterial roadways. Gaveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with District policy, 7207.9.1, the applicant should be required to pave the driveway its full width and at least 30 -feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15 -foot radii abutting the existing roadway edge. Driveways on Ustick Road The applicant is proposing to construct a 30 -foot wide full access driveway that intersects Ustick Road approximately 350 -feet west of Ten Mile Road. This driveway is proposed to align with Niemann Street on the south side of Ustick Road. Pave the driveway its full width and at least 30 -feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15 -foot radii abutting the existing roadway edge. Driveways on Ten Mile Road The applicant is proposing to construct a 30 -foot wide right-in/right-out driveway ONLY that intersects Ten Mile Road approximately 220 -feet north of Ustick Road. Pave the driveway its full width and at least 30 -feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15 -foot radii abutting the existing roadway edge. The applicant should work with District staff to determine how the driveway will be restricted. The applicant is proposing to construct a 30 -foot wide full access driveway that intersects Ten Mile Road approximately 440 -feet north of Ustick Road. Pave the driveway its full width and at least 30 - feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15 - foot radii abutting the existing roadway edge. Internal Driveways District policy requires driveways on local streets to be located a minimum of 50 -feet (measured near edge to near edge) from any roadway intersection. The applicant should locate the driveways on the internal roadways to be located a minimum of 50 - feet (measured near edge to near edge) from any roadway intersection. 5. Islands/Medians District policy 7202.7 and 7207.5 requires any proposed landscape islands/medians within the public right-of-way dedicated by this plat should be owned and maintained by a homeowners association. Notes of this should be required on the final plat. The applicant is proposing to construct two 10 -foot wide islands/medians that are proposed to be located within North Burley Avenue and West McNellis Drive. The islands should be constructed a minimum of 4 -feet wide to total a minimum of a 100 -square foot and provide a minimum of a 21 -foot street section on either side of any proposed center island. The islands should also be owned and maintained by a homeowners association. 6. Auxiliary Turn Lanes District policy 3004.1, 72-F8, AASHTO guidelines and the MUTCD guidelines require the turn lane to be constructed to provide a minimum of 100 -feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. District policy 3004.1 and AASHTO Guidelines require tapers to be constructed on a varying basis contingent upon the posted speed limit. Coordinate the design of the taper with District staff. Based on the submitted traffic impact study, the applicant should construct a special radius on Ten Mile Road for southbound traffic at the Ten Mile Road/McNellis Drive intersection. Coordinate the design of the special radius with District staff. Based on the submitted traffic impact study, the applicant should construct a right -turn lane on Ustick Road for west bound traffic at the Ustick Road/Burley Avenue intersection. Coordinate the design of the turn lane with District staff. 7. Other Access Ten Mile Road and Ustick Road are classified roadways. Other than the access points that are specifically approved with this application, direct lot access to Ten Mile Road and Ustick Road is prohibited. A note of the access restrictions shall be place on the final plat. C. Site Specific Conditions of Approval The applicant shall do one of the following a. Dedicate by donation a total of 48 -feet of right-of-way along Ustick Road, and construct a minimum 5 -foot wide concrete sidewalk along Ustick Road, located a minimum of 41 -feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5 -foot wide concrete sidewalk along Ustick Road, located a minimum of 41 -feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5 -foot wide concrete sidewalk along Ustick Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. The applicant shall do one of the following: a. Dedicate by donation a total of 48 -feet of right-of-way along Ten Mile Road, and construct a minimum 5 -foot wide concrete sidewalk along Ten Mile Road, located a minimum of 41 -feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5 -foot wide concrete sidewalk along Ten Mile Road, located a minimum of 41 -feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5 -foot wide concrete sidewalk along Ten Mile Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 3. Construct a commercial roadway that intersects Ustick Road approximately 690 -feet west of Ten Mile Road, as proposed. 4. Construct a commercial roadway that intersects Ten Mile Road approximately 830 -feet north of Ustick Road, as proposed. 5. Construct the internal spine roadway as a 40 -foot street section with vertical curb, gutter and a 5 -foot attached concrete sidewalk on both sides of the roadway, as proposed. 6. Construct a 30 -foot wide full access driveway that intersects Ustick Road approximately 350 -feet west of Ten Mile Road, as proposed. This driveway is proposed to align with Niemann Street on the south side of Ustick Road. Pave the driveway its full width and at least 30 -feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15 -foot radii abutting the existing roadway edge. 7. Construct a 30 -foot wide right-in/right-out driveway ONLY that intersects Ten Mile Road approximately 220 -feet north of Ustick Road, as proposed. Pave the driveway its full width and at least 30 -feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15 -foot radii abutting the existing roadway edge. Coordinate with District staff to determine how the driveway will be restricted. 8. Construct a 30 -foot wide full access driveway that intersects Ten Mile Road approximately 440 -feet north of Ustick Road, as proposed. Pave the driveway its full width and at least 30 -feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15 -foot radii abutting the existing roadway edge. 9. Locate the driveways on the internal roadways to be located a minimum of 50 -feet (measured near edge to near edge) from any roadway intersection. 10. Construct a special radius on Ten Mile Road for southbound traffic at the Ten Mile Road/McNellis Drive intersection, as recommended by the submitted traffic impact study. Coordinate the design of the special radius with District staff. 11. Construct a right -turn lane on Ustick Road for west bound traffic at the Ustick Road/Burley Avenue intersection, as recommended by the submitted traffic impact study. Coordinate the design of the turn lane with District staff. 12. Construct two 10 -foot wide islands/medians that are proposed to be located within North Burley Avenue and West McNellis Drive, as proposed. Construct the islands to be a minimum of 4 -feet wide to total a minimum of a 100 -square foot and provide a minimum of a 21 -foot street section on either side of any proposed center island. The islands shall be owned and maintained by a homeowners association. 13. Other than the access points that are specifically approved with this application, direct lot access to Ten Mile Road and Ustick Road is prohibited. A note of the access restrictions shall be place on the final plat. 14. Comply with all Standard Conditions of Approval. D. 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 may be 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. 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 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. 10 E. Conclusions of Law The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied. 2. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Attachments 1. Vicinity Map 2. Site Plan 3. Request for Reconsideration Guidelines 11 12 Request for Reconsideration of Commission Action Request for Reconsideration of Commission Action: A Commissioner, a member of ACHD staff or any other person objecting to any final action taken by the Commission may request reconsideration of that action, provided the request is not for a reconsideration of an action previously requested to be reconsidered, an action whose provisions have been partly and materially carried out, or an action that has created a contractual relationship with third parties. a. Only a Commission member who voted with the prevailing side can move for reconsideration, but the motion may be seconded by any Commissioner and is voted on by all Commissioners present. If a motion to reconsider is made and seconded it is subject to a motion to postpone to a certain time. b. The request must be in writing and delivered to the Secretary of the Highway District no later than 3:00 p.m. on the day prior to the Commission's next scheduled regular meeting following the meeting at which the action to be reconsidered was taken. Upon receipt of the request, the Secretary shall cause the same to be placed on the agenda for that next scheduled regular Commission meeting. c. The request for reconsideration must be supported by written documentation setting forth new facts and information not presented at the earlier meeting, or a .changed situation that has developed since the taking of the earlier vote, or information establishing an error of fact or law in the earlier action. The request may also be supported by oral testimony at the meeting. d. If a motion to reconsider passes, the effect is the original matter is in the exact position it occupied the moment before it was voted on originally. It will normally be returned to ACHD staff for further review. The Commission may set the date of the meeting at which the matter is to be returned. The Commission shall only take action on the original matter at a meeting where the agenda notice so provides. e. At the meeting where the original matter is again on the agenda for Commission action, interested persons and ACHD staff may present such written and oral testimony as the President of the Commission determines to be appropriate, and the Commission may take any action the majority of the Commission deems advisable. f. If a motion to reconsider passes, the applicant may be charged a reasonable fee, to cover administrative costs, as established by the Commission. 13 i C -N TREATMENT PLANT 0 Fal 0 I -L 0 a w° w _J Z w I - z SUBDIVISION GINEERING LOCATED IN THE SE 114 OF SECTION 34, TAN., R.1 W., B.M. f�DAM 1011=4McNELIS MERIDIAN, ADA COUNTY, IDAHO OLUTIONS�/�/�'��/ enA�"°V CINI T IMAP.,.�,ioa�o�a _.. < a 9_ a p9 g^9p�S" a pygj yy pine �JG galll I Ing Iml Ill gills MCNELiB SUBDIVI610N "°' o�miw v 11 pIANNEfllCOMACT DEVELOPER OWNERS OFfiECOflO EN61NEER1N6 � 9 PflF11MINAPY PLOT C,1.TI p SULUTIRNS,� �� nxmcnmc uc mx� mi�imm m e g e + & ummuncay.xamw ,mlc umm swrza o w,e,"ann n avi"�" n,wnw n mr ® MWE I..M --.__. _ .o .. ..,.- April 28, 2004 Planning 8t Zoning Commission Mayor and City Council City of Meridian 33 East Idaho Avenue Meridian, ID 83642 turf UJU U841 P.1 � nn n�''i� �"'U'', i. 150 East Aikens Street, EaOe, ID Phone: (208) 93 Fax: (208)93 E-mail: es -he +] rA.... Re: McNelia Subdivision Annexation and Zoning and Preliminary Plat Files Nos. AZ4W-004 and PP4Wo44 Dear CommissionermMayor and Council: We have reviewed staff Comments for the hearing date o responses: f April 29, 2004, and have the I. Noted. 2• Noted 3. The applicant will comply. 4. The applicant will enter into a development agreement that will: Indicate which is buildinBrequire aoronditional use stractural alter Wit; require Certificates of Zoning Compliance prio to equired _ , restrict business homes in the I -L and L-0 w if Permitted/prohibited uses list Cny Co,,,.,,; and incorporate the appro The applicant will comply. A- The applicant will construct a res faet asphah pathway. However, the construe et standards as outlined in the Meridian Parka and Recreation System Pias for the multi -use Pathway are excessive. The standards speelfy 12 Inches of pit run, sir inches of road mix compacted to 95% and two inches of asphalt paving. hie standextreme exceeds that of a Public street and makes the construction of a pathway an extreme 6naocial burden. If the City wants the cooperation of the development APR 29 '04 15:41 _ 208 9.3Sa Rgd1 011r 1— I] .� _..•••"••••'� cub UJU U841 P-2 Planning & Zoning Commission Mayor and City Council April 2g, 2004 Page 2 community on the construction or these pathway n reasonable and affordable. etworks their standards most B. The access points delineated on the preliminary pint; and all requirements of, County Highway District. We have submitted a trafilh study which has analyzed functionality and safety of these driveways. The traffic eagineers (ie. WGI ACRD) have agreed that the locations as epecifpd meet all policy stands Therefore, i believe it is inappropriate for the City of Meridian without technical access standards to dictate the excessive restriction on access. C. The applicant will have the landscape plan modirwO to incorporate a 10 foot w de landscape buffer along the internal street, delete, the conifer trees within he required buffer and attempt to preserve some of the r!xistiog trees. We cannot agree to the condition requiring lnnd=Wlag within the public nigh f way. Typically we cannot determine the amount; of area between the face of sidewalk and the edge of new pavement until a design Is completed. I have ad projects that this condition was placed upon them and after design of the de -cel ge we did got meet the greaten' than 13 foot distance, The land use buffers will be provided when lots developed. 4, block 2 and 3 Ft 4, block ire The applicant is opposed to landscaping the multi -use pathway. How n landscaping be installed when the Parks Department standards require six fe of gravel on both sides of a path? The applicant should not be responsible for installation or long term maintenance of landscaping and trees along a pathway. ity D. I believe the appropriate type of fencing would he chain link I E. The applicant will comply. F. The applicant will comply. PfE SPEOFIC CONDITIONS IPREL_nbrrxetty PLAin 1• The applicant has agreed to construct the ten feet asphalt pathway and prev so easement to the City for pedestrian ace. However, the appllcaut will got const ct the path to the excessive standards as outlined in the Comprebensrve parks d Recreation ?lag. The standards eat forth in the plan exceed the design standard of a public street. The cost would be extreme and the Standard makes me sense w cog's daring the usage is pedestrians and bicycle traffic. The applicant is oppos to laudscaping any of the pathways. RPR 29 '04 15:41 _..o-••--. —b . , ,ops e0a a38 0941 Planning & Zoning Commission Mayor and City Council April2g,2004 Page 3 2. The applicant will comply with the requirements of: da County Highway pig and is opposed to the City of Meridian imposing 'restrictions not based on speeific standards. 3. The applicant will comply. 4• The applicant will comply EXCEPT FOR: Construct a 10 foot wide gravel shoulder on Ustick toad and Ten Mile Road the remaining portion of the right-of-way being landicaped with Iowa or veget ground cover. Provide a minimum 5 -foot wide landscape strip, with one tree for every 35 feet, along both aides of the multi -use pathways (on the west and north sides development). Additional width is encouraged to allow trees tube planted i from the pathway and prevent root damage to the path. please see the reasons for opposition in the previous Comments. 5. The applicant will comply. 6. The applicant will comply. 7. The applicant will comply. ii The appy will comply. 9. The applicant will comply. 10. The applicant will comply. STANDARD CONWJONS 1. Noted. 2. The applicant will comply. 3. The epplicaot will comply. 4. The applicant will comply. S. The applicant will comply. 6. The applicant will comply. 7. The applicant will comply. RPR 29 '04 15:42 _ 208 938 0941 oorr a� P.3 Planning & Zoning Commission Mayor and City Council April 28, 2004 Page 4 S. The applicant will comply. 9. The applicant will comply. 10. The applicant will comply. 11. The applicant will comply. 12. The applicant will comply. 13. The applicant's engineer will comply. 14. The applicant will comply. 15. Plat expiration provisions are noted MERIDIAN PARKS DEPARTMENT dUB UJU 0941 1 • The applieaef is opposed to cea that of a public street stntctiug the pathway to a standard which 2. The applicant will comply. 3. The applicant will comply. MRML#,N FIDE DEPARTMENT 1 • The applicant will comply. I 2. The applicant will comply. 3. The applicant will comply. 4. The applicant will comply. 5. The applicant will comply. Knoxbox requirements will be determined during Ithe building permit review process. 6. The applicant will comply. i 7. The applmieaat will work with the nre departa est whm d Velopment of lot 4, hlo}k 2 takes place MERIDIAN POLICE DEPARTMENT I RPR 29 '04 15:42 208 938 0941 P GF_Rd a..6 JV1U41 VfIS cud arta Ua41 Planning & Zoning Commission Mayor mid City Council .April 28, 2004 Page 5 1. The applicant will comply. Please feel free to call me if you have additional comments or questions. sincerely, Eng' tering Soluti%ones, LLP Becky Mc Partner BM:ss OC. Mr. Leon Bleser Mr. Ed McNelils RPR 29 '04 15:42 • I I 208 938 0941 PRGE.05 P.5 CITY OF MERIDIAN PUBLIC HEARING SIGN-UP SHEET DATE April 29, 2004 ITEM # 7 PROJECT NUMBER AZ 04-004 PROJECT NAME MCN@IIS Subdivision NAME (PLEASE PRINT) FOR AGAINST NEUTRAL � e of n �U Pa v�.r' ✓' 1 C MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird William L.M. Nary Shaun Wardle Charles M. Rountree �Q ,� CITY OF C�Y`L �r-lArn Il IDAHO MEMORANDUM: Hearing Date: March 18, 2004 To: Planning & Zoning Commission RECENED From: Bruce Freckleton, Engineering Tech III MAR 15 2004 Re: McNELIS SUBDIVISION City Of Meridian City Clerk Office Staff respectfully requests that the annexation and preliminary plat applications for McNelis Subdivision, F ile n umbers A Z 0 4-004 a nd P P 0 4-004 b e d eferred t wo w eeks t o t he A pril 1, 2004 meeting. This time is requested to allow the developer to coordinate the routing of the sanitary sewer system within the development, and to afford the Ada County Highway District's Commission time to hear the applicant's request. The layout of the lots may be affected by the sewer routing. The applicant is confident that the issues can be worked out and that they can get revised maps into us for review prior to the requested deferral date. Thank you for your consideration, From the desk of... Bruce A. Freddeton Senior Engines ingTech. Meridian Public Works Department 660 E. Watertower Lane, Suite 200 Meridian, Idaho 83642 Phone: (208) 898.5500 Fax: (208) 887-1297 E-mail: freckleb®d.meridian.id.us mar it euu4 1t'03PM Engineering Solutions 208 938 0941 p.l ENGINEERING &d�&#N SKUTIONSUP March 17, 2004 City of Meridian Planning & Zoning Commission 33 East Idaho Meridian, 11) 83642 Re: McNelis Subdivision Dear Commissioners: 150 East Aikens street, Suite B Eagle, iD 83616 Phone: (208) 938-0980 Fax: (208) 938-941 E-mail: es-beckym@gwest.net l EC�EI�TED h`d,i 1 1 2004 (-'i (Y Of Meridian City Clerk Office We are in receipt of the letter from staff requesting a dferral of the annexation and zoning and preliminary plat public hearings for the M elis Subdivision. We are confident a solution can be worked out with staff to ensure sewer service is available to all of the lots within the subdivision. The Ada County Highway District will not have their report completed on the project until the week of;March 21, 2004. i The project will be a great addition to the City of Mer�dian and hopefully set the standard for land use surrounding the wastewater treatment fachity, We concur with the deferral of the public hearings to April 1, 2004. If you have any questions or need additional information, please contact me. Thank you. Sincerely, Engineering Solations, LLP Becky Mcla Partner BM:ss Attachments MAR 17 '04 13:16 208 938 0941 PAGF_R1 MERIDIAN PLANNING & ZONING MEETING March 18, 2004 APPLICANT Falcon Creek, LLC ITEM NO. 9 REQUEST Public Hearing -- Request for annexation and zoning of 34.6 acres from RUT to I -L, L -O and C -G zones for proposed McNelis Subdivision — northwest comer of North Ten Mile Road and West Ustick Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: S affidavit of P< COMMENTS See attached Staff Comments No Comment No Comment See attached Comments See attached Comments Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. DAHO O POWER COMPANY P.O. W. �R P.O. BOX BOISE, IDAHAHO 83707 An IDACORP Company February 25, 2004 William Berg Meridian Planning and Zoning Commission 33 East Idaho Avenue Meridian, ID 83642 RE: McNelis Subdivision Adjacent to the Locust Grove —Blackat 138 kV, Line. Gentlemen: RECEIVED FEB 2 6 2004 City of Meridian City Clerk Office Idaho Power Company has received notice of the annexation and zoning application and preliminary plat approval for the proposed McNelis Subdivision. We are forwarding certain requirements and recommendations regarding this development adjacent to Idaho Power Company's Locust Grove —Blackat 138 kV, Line 459. 'The parcel of land is located in SE '/o of the SE '/o, Section 34, TAN., R.1 W. B.M., Ada County, Idaho. The requirements and recommendations address the location, height and grounding/bonding requirements for buildings or structures constructed near existing or proposed power lines in the area. Idaho Power Company has a Power Line Easement dated December 31, 1998 and recorded on December 31, 1998 as instrument No. 98126769 (copy enclosed). Listed below are the required NATIONAL ELECTRIC SAFETY CODE clearances for your immediate use. I. REQUIRED NATIONAL ELECTRIC SAFETY CODE CLEARANCES Any building or structure located on the lots that are adjacent to the line may have height restrictions in accordance with the NESC (National Electric Safety Code). All buildings and structures must be set back a minimum of 20 feet from the transmission centerline (a strip 45 feet wide). All other structures adjacent to the described strip shall meet clearance requirements in accordance with the NESC. Idaho Power Company is available to discuss such restrictions with the owner/builder prior to construction of any buildings or structures close to this transmission line. II. NECESSARY GRADING AND EXCAVATION CLEARANCES Grading plans regarding any excavation, modification in ground height and/or landscaping in the easement referred to above will need to be approved in advance by Idaho Power Company. Such grading and landscaping plans are necessary to assist Idaho Power Company in its efforts to maintain required conductor -to -ground or conductor -to -object clearance. III. NECESSARY ACCESS The developer shall coordinate with Idaho Power Company to assure that adequate personnel and vehicle access is provided for the purpose of transmission line maintenance. IV. GROUNDING/BONDING CONSIDERATIONS Although Idaho Power Company has no specific requirements for Bonding and grounding of buildings, any building or structure located within 200 feet of the transmission line centerline may need additional grounding/bonding installed by the builder to eliminate any potential effects of electrical induction. The need for grounding should be evaluated by the developer's electrical engineer or electrician. Buildings or structures may require groundingthonding by the builder at distances greater than 200 feet depending on their size and the amount of metal in the makeup, particularly buildings with metal surfaces. If you have any questions or need further information, please feel free to contact me at (208) 388-2234. Sincerel Jeff Lincoln, P.E. Project Engineer Transmission and Distribution Design E -C: Diana Pon, Tom Wicher, Eileen Vanderpool POWER LINE EASEMENT LARRY K PETERSON _ and XXXXXXXXX _ his wife, Grantor(s), of Ada County, State of Idaho do hereby grant and convey to IDAHO POWER COMPANY, a corporation, with its principal office located at 1221 Idaho Street, Boise, Idaho, its licensees, successors, and assigns, Grantee, for One Dollar and other valuable considerations, receipt of which is hereby acknowledged, a right-of-way and easement for the erection and continued operation, maintenance, repair, alteration, inspection, and replacement of the electric transmission, distribution and telephone lines and circuits of the Grantee, attached to poles or other supports, together with guys, crossarms and other attachments and incidental equipment thereon, and appurtenances, with the right to permit the attachment of the wires and fixtures of other companies or parties, over, on, and across the following premises, belonging to the said Grantor(s) in Ada County, State of Idaho the following location, to -wit: A strip of land 45.0 feet in width, being 25.0 feet on the east side and 20.0 feet on the west side of the following described centerline located in the SE%SE% of Section 34, Township 4 North, Range 1 West, B.M., Ada County, Idaho and being more particularly described as follows: Commencing at the Southeast section corner of Section 34, Township 4 North, Range 1 West, B.M. and identified by a found 5/8" iron bar, thence, N$9008'02"W, a distance of 254.4 feet to a point; thence, N65034'34"E, a distance of 58.5 feet to a point in the south boundary of said property and being the Real Point of Beginning; thence, N65°34'34"E, a distance of 170.9 feet to an angle point; thence, N0052'24"E, a distance of 846.4 feet to a point, said point being the Point of Terminus. AND ALSO: A 10'x 10' parcel of land located in the SE'/<SEA of Section 34, Township 4 North, Range 1 West, B.M., Ada County, Idaho and being more particularly described as follows: Commencing at the Southeast section comer of Section 34, Township 4 North, Range 1 West and identified by a found 5/8" iron bar; thence N0052'24"E, a distance of 93.0 feet to a point; thence, S89008'02"E, a distance of 42.0 feet to a point, said point being the Real Point of Beginning; thence, N0052'24"E, a distance of 10.0 feet; thence, N89098'02"W, a distance of 10.0 feet to a point; thence SO°52'24"W, a distance of 10.0 feet to a point; thence, S89098'02"E, a distance of 10.0 feet to a point, said point being the Real Point of Beginning. Together with all rights of ingress and egress necessary for the full and complete use, occupation, and enjoyment of the easement hereby granted, and all rights and privileges incident thereto, including the right from time to time to cut, trim, and remove trees, brush, overhanging branches, and other obstructions which may injure or interfere with the Grantee's use, occupation, or enjoyment of this easement and the operation, maintenance, and repair of Grantee's electrical system. Grantor's use-ofthe wbovo-described right -of -'Way shall be subject to the following limitations: (!)no buildiings or structures of any kind or any flamable material shall be placed or erected within the right-of-way, (2) no vehicles of any kind that exceed 14 feet in height shall be placed or used onthe right-of-way, and (3) any other equipment or material within the right-of-way shall be kept at least 20 feet away from the wires of said elecytric power lines at all times, even if the wires sag or sway as a result of increased temperatures, wind, electrical loading on the wires, or other conditions. Subject to the foregoing limitations, said right-of-way may be used by Grantor for roads, agricultural crops and other purposes not inconsistent with said easement. Executed and delivered this dl 4�'4— day'tii ��. 69H ASA, 11AV*cR FEF ' z#Psa UE 31 P ROW001 (1-97) CPC STATE OF SDAH,/) ss. County of .3t On this— day of_ a Notary Public, personally appeared instrument and acknowledge therein mentioned. �fl+A4Y 19—&, before me, T, (may 0 —__ known to me to be the person(s) who executed the foregoing i to me that �� F',executed the same freely and voluntarily for the uses and purposes ' N STATE O ss. County of ` On this day of _ a Notary Public, personally appeared Notary Public, resi" at Commission expires 19_ ,before �F9u���•� and and, to me personally known, who being duly sworn, did say that they are respectively the _ President and the Secretary of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same as the free act and deed of said corporation. (Notarial Seal) Notary Public, residing at Commission expires 19 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Shaun Wardle William L. M. Nary Charles M. Rountree Keith Bird „z CITY OF 9 C�rlAiw tl IDAHO LEGAL DEPARTMENT (208) 466-9272 • FAX 466-4405 PARKS & RECREATION (208) 888-3579 • Fax 898-5501 PUBLIC WORKS (208) 898-5500 • Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING & ZONING (208) 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office Attn: Will Berg, City Clerk, by: March 11, 2004 Transmittal Date: February 70, 2004 File No.: AZ 04-004 Request: Annexation By: Falcon Creek, LLC Location of Property or Project: Hearing Date: March 18, 2004 of 34.6 acres from RUT to David Zaremba, P/Z (No VAR, VAC, FP) David Moe, P2 (No VAR, VAC, FP) Leslie Mathes, P/Z (No VAR, VAC, Fp) Michael Rohm, P/Z (No VAR, VAC, FP) Keith Borup, P/Z (No VAR, VAC, FP) Tammy de Weerd, Mayor Bill Nary, CIC Charlie Rountree, C/C Keith Bird, C/C 9#9un Wardle, C/C ater Department -Sewer Department Sanitary Service (No VAR, VAC, FP) Building Department Fire Department Police Department Fawryrq,` n", ,, .j UjI, NIL'- .DIAN �_STEWATER SPT. comer zones for Meridian School District (No Fp) Meridian Post Office (FPrAp only) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Irrig, District Settlers Irrigation District Idaho Power Co. (Fp/Pp only) U.S. West (FRPP only) Intermountain Gas (FP/PPonly) Bureau of Reclamation (FP/PP only) Idaho Transportation Department (No Fp) Ada County (Annexation only) Ada County Land Records (Fp/pp only) Meridian Development Corporation Historical Preservation Commission CE FEB 11 2GG4 City Of Meridian City Clerk Office 33 EAST IDAHO AVENUE • MERIDIAN, IDAHO 83642 • (208) 888-4433 City Clerk Office Fax (208) 888-4218 • Human Resources Fax (208) 884-8723 • Finance & Utility Billing Fax (208) 887-4813 CENTRAL CENTRAL DISTRICT HEALTH DEPARTMENT •• DISTRICT Return to: HEALTH Environmental Health Division DEPARTMENT RECEIVED ❑ Boise ❑ Eagle Rezone # FEB 18 2004 Conditional Use # City of Meridian Preliminary / Final / Short Plat City Clerk Office ❑ Garden City A4eridian ❑ Kuna ❑ ACZ ❑ Star 1. We have No Objections to this Proposal. ❑ 2. We recommend Denial of this Proposal. ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ waste flow characteristics ❑ or bedrock from original grade ❑ other ❑ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ❑ 6. After written approval from appropriate entities are submitted, we can approve this proposal for: ❑ central sewage ❑ community sewage system ❑ community water well ❑ interim sewage ❑ central water ❑ individual sewage ❑ individual water ❑ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ❑ central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines ❑ central water ❑ 10. Run-off is not to create a mosquito breeding problem. ❑ 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 13. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store ❑ 14. Please see attached stormwater management recommendatations ❑ 15. Date: T /G Reviewed By: ODHDNO [kc Review Sheet 1 March, 2004 William G. Berg Jr, City Clerk City of Meridian vlendian, 83642 RECETVEP EXI City of Meridian 11: iCity Clerk Office 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 RE: Annexation and Zoning/Preliminary Plat; McNelis Subdivision Dear Will: Phones: Area Cade 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Nampa & Meridian Irrigation District has no comment on the above referenced application for annexation and Zoning for proposed McNelis Subdivision. However, Nampa & Meridian Irrigation District requires a Land Use Change Application be filed for review prior to final platting. Please contact Donna Moore at 466-7861 for further information. All laterals and waste ways must be protected. The District's Five -Mile and Nine -Mile Drains course through 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. 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. The developer must comply with Idaho Code 31-3805. Jt is recommended that irigationurater be made available to all developments within the Nampa & Meridian Irrigation District. Thank you, Bill Henson Asst. Water Superintendent Nampa & Meridian Irrigation District BH/dbg C: Water Superintendent Bryce Farris Rider 4 File - Office/Shop APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 RECETVEP MAR - 8 2004 City of Meridian COPY City Clerk OfficeCOPY �i� & / 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 Kathy Stroschein SHOP: Nampa 466-0663 Becky McKay Engineering Solutions, LLP 150 E. Aikens Street SAt Eagle, iD 83618 RE: Land Use Change Application — McNelis Subdivision Dear Ms. Stroschein and Ms. McKay: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above -referenced development. If this development is under a "rush" to be finalized, I would recommend that you submit a cashier's check, money order or cash as payment of the fees in order to speed the process up. If you submit a company or personal check, it must clear the bank before processing the application. Should this development be planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, I strongly urge you to coordinate with John P. Anderson, Water Superintendent for the Irrigation District, concerning the installation of the pressure system. Enclosed is a questionnaire that you must fill out and return in order to initiate the process of contractual agreements between the owner or developer and the Irrigation District for the ownership, operation and maintenance of the pressure urban irrigation system. If you have any questions concerning this matter, please feel free to call on me at the District's office, or John P. Anderson, at the District's shop. Sincerely, �j L/z->Z.�-- �C Donna N. Moore, Asst. Secretary/Treasurer NAMPA & MERIDIAN IRRIGATION DISTRICT DNM/smc cc: File Water Superintendent Will Berg, City Clerk, Meridian City Falcon Creek, LLC, 621 N. Robinson Road, Nampa, ID 83687 enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS 23,000 BOISE PROJECT RIGHTS - 40,000 Mar 11 2004 4:02PM Engineering Solutions 208 938 0941 p.1 Nwo, AFFIDAVIT OF POSTING STATE OF IDAHO ) COUNTY OF ADA ) § R-6CEIVEL MAR 1 1 2004 City Of Meridian City Clerk Office I, Shari Stiles, Engineering Solutions, LLP, 150 E. Aikens Street, Suite B, Eagle, Idaho, 83616, being duly sworn, upon oath, depose and say: I did personally post the subject property on the 8th day of March, 2004, with the hearing signs. The signs are located on Ustick Road and Ten Mile Road. This is in compliance with the ten (10) day posting as required by the City of Meridian for public hearings. Signs were posted for annexation and preliminary plat for McNelis Subdivision. Dated this 11tb— day of Marsh 2004. (Signature) SUBSCRIBED AND SWORN to before me the day and year first above Y K. Notary P blic for Idaho ��r'�} .6 Residing at & d/sdi 12)4,c) AUBLiC' My Commission Expires: // - 2 7- p �, �B oV Masterlaffid-posting 1 MAR 11 '04 16 16 208 938 0941 PAGE.01 HEARING NOT Meridian Planniney & Zonina Commissi Meridian Planning & Zoning Commis THE CITY OF MERIDIAN will hold a Public Hearin, March 18, 2004, at 7:00 pm at Meridian City Hall (33 E. Idaho) 'URPOSE: Annexation and Zoning of 34,6 + Ac to I-L, L-0 and C-G with a Preliminary Plat for 16 bu lots in proposed McNelis Subdivision 'ROPERTY LOCATION: NW Corner of Ten Mile APPLICATION BY: and Ustick Road Falcon Creek, LLC CONTACT. A City Planner at 884-5533 with any questions AOL Email Page 1 of 2 ECEIi-,- Tara Green MAR 10 2004 From: SHALYNNE401@aol.com ty i 1e Sent: Wednesday, March 10, 2004 10:51 PM To: greent@meridiancity.org; bergw@meridiancity.org Subject: McNelis Subdivision Affidavit of Posting/Photograph I, Shari Stiles, certify that on March 8, 2004, I did personally post the property for the McNelis Subdivision on Ten Mile Road and Ustick Road. Notarized certification to follow via facsimile. 3/11/2004 CITY OF MERIDIAN PUBLIC HEARING SIGN-UP SHEET DATE March 18, 2004 ITEM # 9 PROJECT NUMBER AZ 04-004 PROJECT NAME McNelis Subdivision NAME (PLEASE PRINT) FOR AGAINST NEUTRAL