HomeMy WebLinkAboutMcNelis Subdivision PPMERIDIAN PLANNING & ZONING MEETING March 18, 2004
APPLICANT Falcon Creek, LLC ITEM NO. 10
REQUEST Public Hearing — Request for Preliminary Plat approval of 16 commercial building lots
and 5 common lots on 34.6 acres in proposed I -L, L -O and C -G zones for proposed McNelis
Subdivision — nwc 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:
COMMENTS
See attached staff comments
No Comment
See attached Comments
See attached Comments
See attached Comments
Cb n � A L) `LJ
PIR to
q --)q -69
INTERMOUNTAIN GAS:
OTHER: t
Cohtacted: Date: �l y Phone:
Emailed: Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.
to
IDAHOIDAHO POWER COMPANY
rOMR P.O.Aa
BOISE,E,IDAHO 83107
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
K=E6 2 5 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 'A of the SE 1/4, Section 34, TAN., RAW. B.M.,
Ada County, Idaho. The requirements and recommendations address the location, height and
groundingibonding 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 grounding/bonding 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
r
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—. . XXXXXXX_XX _
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 describedcenterline
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, N89°08'02"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, N65034'34"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 SEY<SEY,, 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, S89°98'02"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 of the above-described right-of-way shall be subject to the following limitations: (i) no buiidiings 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 1 day -of --'De L 97/ r , 19�%±'.
ACA SAV t}Avg A o� FES '
BE 31 PIA -
Rowom (1-97)
CPC
STATE OF— 2—
— ss.
Counryof_ �Io'5f7 __
On this */ st day of
a Notary Public, personally appeared
instrument and acknowledged to me that
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therein mentioned.
�L J,
v� "(utRe�aJSeal)
Nfl'AYY',
A�G
pf, UP.Lra
STATE OF T
County'of"
On
day of.
a Notary Public, personally appeared
that they are respectively the
19� , before me,—r.ii='
--- known to me to be the person(s) who executed the foregoing
i1 t' executed the same freely and voluntarily for the uses and purposes
Notary Public, residat
SS.
Commission expires
19_ , before
President and the
and
and, to me personally known, who being duly sworn, did say
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
�N+r
�' CITY OF Ri$
ti 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
Keith Bird ° M` THEA UFE Vw"- SINCE PLANNING & ZONING
903
(206) 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 10, 2004 Hearing Date: March 18, 2004
File No.: PP 04-004
Request: Preliminary Plat approval of 16 commercial building lots & 5 common lots on
34.6 acres in proposed I -L, L -O, & C -G zones for proposed McNelis Subdivision
By: Falcon Creek, LLC
Location of Prooertv or Proiect:
David Zaremba, P/Z (No VAR, VAC, FP)
David Moe, PIZ (No VAR, VAC, FP)
Leslie Mathes, P/Z (No vAR, VAC, FP)
Michael Rohm, P/Z (No VAR, VAC, FP)
Keith Borup, PIZ (No VAR, VAC, FP)
Tammy de Weerd, Mayor
Bill Nary, C/C
Charlie Rountree, C/C
Keith Bird, C/C
Sh n Wardle, C/C
ater Department
Sewer Department
Sanitary Service (No vAR, vAc, FP)
Building Department
Fire Department
Police Department
City Attorney
City Engineer
atk n
FEB 1 9 2f"1
Meridian School District (No FP)
Meridian Post Office (FPiPP onry)
Ada County Highway District
Ada County Development Services
Central District Health
Nampa Meridian Irrig. District
Settlers Irrigation District
Idaho Power Co. (FPrPP onry)
U.S. West (FP/PPordy)
Intermountain Gas (FP/PPonly)
Bureau of Reclamation (FP/PP only)
Idaho Transportation Department (No FP)
Ada County (Annexation only)
Ada County Land Records (FPrPP onry)
Meridian Developmept Corporation
Historical
Your Concise Remarks:
CI1"y OF MERIDUN
STEWATER DEPT.
RECE IVEI
FEB 17 2004
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 DISTRICT HEALTH DEPARTMENT
Environmental Health Division
Rezone #
Conditional Use #
Preliminary / Final / Short
RECEIVED
Return to:
❑ Boise
❑ Eagle
❑ Garden City
ridian
❑ 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.
�4K After written pproval from appropriate entities are submitted, we can approve this proposal for:
sewage ❑ community sewage system ❑ community water well
❑ interim sewage raI water
❑ individual sewage ❑ individual water
"k9- The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare,
Division of nvironmental Quality:
sewage ❑ community sewage system ❑ community water
❑ sewage dry lines 464eWal water
i$- 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
Please see attached stormwater management recommendatations
❑ 15.
Date: 2__lLI_3l O
Reviewed By:
Review Sheet
DDHD NO lkc
CW
CENTRAL
DISTRICT
HEALTH
DEPARTMENT MAIN OFFICE • 707 N. ARMSTRONG PL • BOISE, ID 83704.0825 • (208) 375.5211 • FAX 327-8500
To prevent and treat disease and disability; to promote healthy lifestyles; and to protea and promote the health and quality of our environmint.
STORM WATER MANAGEMENT RECOMMENDATIONS
It is recommended that storm water be pre-treated prior to discharge to the
subsurface to prevent impact to ground water and surface water quality. The
engineers and architects involved with the design of this project should obtain
current best management practices for storm water disposal and design a
storm water management system that is preventing groundwater and surface
water degradation. Manuals that could be used for guidance are -
1ad.u,raam
State of Idaho Catalog of Stormwater Best Management Practices For
Idaho Cities and Counties.
Prepared by the Idaho Department of Environmental Quality, July
1997.
Stormwater Best Management Practices Guidebook.
Prepared by City of Boise Public Works Department, May 2000.
Ada I Boise County Office
707 N. Armstrono PI.
Boise, ID 83704
Enviro. Health: 327.7495
Family Planning: 327-7400
Immunizations: 327-7450
Senior Nutrition: 327-7460
WIC: 327-748E
FW: 3J-850:
Serving Palley, Elmore, Boise., and Ada
Elmore Coum} Unice
520 E. 8th St. North
Mountain Home, ID 83647
Enviro. Health: 587-5225
Family Health: 5674407
WIC: 5874405
FAX: 587-352+.
Jade, Lour,1P 0-hICE
7C3 N. let St.
P.O. Box 144E
McCall, ID 8363E
ph. 654-, .
FAY.: 634-21 i4
19 February, 2004
William G. Berg Jr.
City Clerk
City of Meridian
n: -
Meridian, ID 83642
RE: PP 04004, McNelis Subdivision
Dear Will:
RECEIVED
MAR - z 2004
City of Meridian
City Clerk Office
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-463-0092
Phones: Area Code 208
OFFICE: Nampa 466-7861
SHOP: Nampa 466-0663
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 Nine Mile and Five 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. It is recommended that irrigation
water 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
Kathy Stroschein/Eng, Solutions LLP
File - Office/Shop
- APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS - 23,000
BOISE PROJECT RIGHTS - 40,000
RECEIVED
MAR - 2 2004
City of Meridian
City Clerk Office COPY
w
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, Suite B
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,
Am, 'V�
Donna N. Moore, Assf. 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
1 March, 2004
William G. Berg Jr.
City Clerk
City of Meridian
33 East Idaho Ave.
-MLIlCa, 836242
^ � ��
A10 7)
MAR - 5 20
CitkClarrk of Meridian
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-463-0092
RE: Annexation and Zoning/Preliminary Plat; McNelis Subdivision
Dear Will:
Phones: Area Code 208
OFFICE: Nampa 466-7861
SHOP: Nampa 4660663
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. It is recommended that irrigation water 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
CITY OF MERIDIAN
PUBLIC HEARING
SIGN-UP SHEET
DATE March 18, 2004 ITEM # 10
PROJECT NUMBER PP 04-004
PROJECT NAME McNelis Subdivision
NAME (PLEASE PRINT) FOR AGAINST NEUTRAL
MAYOR
Tammy de Weerd
CITY COUNCIL MEMBERS
Keith Bird
William L.M. Nary
Shaun Wardle
Charles M. Rountree
W
r • it
Y.
•
MEMORANDUM: Hearing Date: March 18, 2004
To: Planning & Zoning Commission EC I !! ED
From: Bruce Freckleton, Engineering Tech III J4 MAR 15 2004
Re: McNELIS SUBDIVISION City Oflbleridian
City C12r'K Office
Staff respectfully requests that the annexation and preliminary plat applications for McNelis
Subdivision, F ile n umbers A Z 0 4-004 and P P 04-004 b e d eferred t wo w eeks t o t he April 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. Freckleton
Senior Engineering Tech.
Meridian Public Works Department
660 E. Watertow Lane, Suite 200
Meridian, Idaho 83642
Phone: (208) 8985500
Fax: (208) 887-1297
E-mail: freckleb@ci.meridianid.us
-'•e'••--• ...6 ouiu�ions 2U8 938 0941
ENGINEERING
pltm'N m#w*mN powtxmaresfol&&Aw 150 East Aikens Street, Suite B
S
OLUTI�NSuP Eagle, 93 83616
Phone: (208) 938 0980
Fax: (208)938-0941
E-mail; es-beckym®gwest.net
March 17, 2004 Ja
ir
I'.: ,
City of Meridian
Planning dt Zoning Commission
33 East Idaho
Meridian, ID 83642
Re: McNelis Subdivision
Dear Commissioners:
We are in receipt of the letter from staff requesting a *ferrel of the annexation and
zoning and preliminary plat public hearings for the M(fNelis Subdivision. We are
confident a solution can be worked out with staff to 6sure 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 d;March 21, 2004.
1
The project will be a great addition to the City of Meroan and hopefully set the standard
for land use surrounding the wastewater treatment facility. We concur with the deferral
of the public hearings to April 1, 2004.
If you have any questions or need additional informatipn, please contact me. Thank you.
Sincerely,
Engineering Solutions, LLP
,6&
Becky MCI:a
Partner
BM:ss
Attachments
MAR 17 '04 13:16
M
Ono OTo n1.1 _
p.1
April 29, 2�4 8
MERIDIAN PLANNING &ZONING MEETING
ITEM NO-
Falcon
approval
M011 18, 2004 —Request for Preliminary and C G Zones
gpPLICANT Falcon Creek, LL from M ro osed I -L, L-0
REQUEST Continued Public Hearing acres in p P
of i b commercial building lots and 5 common lots on 34.6
0 osed McNelis Subdivision — nwc of North Ten Mile R COMMENTS es' Ustick Road
or pr p —
AGENCY
See Previous Item
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: Q
Contacted: l
Emailed'.S"
Materials presented
See attached comments
�7 phone:—
note:
Staff Initials:
meetings shallbecomePrOP of the city of Meddlan.
MAYOR
Tammy de Weerd
CITY COUNCIL MEMBERS
Keith Bird
William LM. Nary
Shaun Wardle
Charles M. Rountree
f
CITY OF '
C4. - �6
l_n_
1l IDAHO
CrrY [-TALL
(208) 888-4433 — Fax 887-4813
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887 -2211 --Fax 898-9551
LEGALDEPARTMENT
(208) 466-9272 — FAX 466-1405
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 NAPR 2 S 2004
Bruce Freckleton, Senior Engineering Tech
J6 City Of Meridian
Subject: McNelis Subdivision City Clerk Office
• Annexation and Zoning of 34.07 Acres from RUT (Ada County) to L -O
(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 corner of Ustick Road and Ten Mile Road. This site is designated as "Mixed Use
— Waste Water Treatment Plarn" 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 -O (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 lots 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;
UO (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 AnneradonlZoning (AZ -04-004) and Prefiminary Plat
(PP -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.
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 R4/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 Amendments, 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 N, 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 WW7P.
"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 N, 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 andL-0 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 Mile 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
zoning/uses 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;
I£ 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 speck 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 speck uses are proposed
ANNEXATION & •ZONING SPECIAL CONSIDERATIONS
A. Develo mn ent eement:
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
A 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.
AAA CUP approval is required, regardless of the proposed site location.
RAAA 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 future.
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:
Ise/ Owner Acreage
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 W WTF.
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.
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.
PRELIMINARY PLAT ANALYSIS
Sections 12-3-3 L2 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 Ustick 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 II, Objective A,
Action item 3)
YhJs 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. ACRD 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.
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 -IS -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 12-13-104 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 Ri t -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 35 -linear feet be provided along both sides of the paths. Additional width is
encouraged to allow trees to be planted finther from the pathways and prevent root
damage to the path.
D. Fencine. 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 We of
fence is anticinated along the west and north sides of the plat Closed-vision/sight-
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-wsion/sight-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 S feet from
the edge of pavement. Unless otherwise approved by the City, all fencing shall be
constructed in accordance with MCC 12-4-10. 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 12-4-13.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.
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 ACBD 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 irrigation/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 CONDMONS
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.
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 Agency/Department Comments & Conditions
MERIDIAN PARKS DEPARTMENT
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 FME DEPARTMENT
Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a. Fire Hydrants shall have the 4'/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 comers.
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.
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.
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.
7. 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.
RECOMMENDATION
Staff recommends approval of the submitted Annexation & Zoning (AZ -04-004) and
Preliminary Plat (PP -04-004) applications, with the conditions listed above.
.conn ,j. rranoen,
vavw r=. veyunuup isr vice rreswent
Susan S. Eastlake, 2nd Vice President
Sherry R. Huber, Commissioner
Dave Bivens. Commissioner
Ada County Highway District
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
On March 24, 2004, the Ada County Highway District acted on your
referenced project. The attached report lists site-specific requirements,
street improvements, which are required.
3775 N
Garden City ID 83714-6499
Phone (208) 387-6100
FAX (208) 387-6391
E-mail: tellus(aACHD.ada.ld.us
RECEIVED
A C.:1.. -(j(p,
City of Meridian
City Clerk office
application for the above
conditions of approval and
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:,r�i . u, lopment project file
Construction Services
Drainage
Utilities
Engineering Solutions
150 East Aikens Street Suite B
Eagle, Idaho 83616
UNFRO
Ada County Highway District
Right -of -Way & 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 -6977 -phone, 208 -387 -6393 -fax, atuning(a)achd.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 comer 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.
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
7. 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).
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.
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 -tum 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.
El
♦ 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.
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-F1 B, 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.
(-i
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.
Graveled 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.
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.
9
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 -tum lane on Ustick Road for west bound traffic at the Ustick RoadlBurley 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.
7. Construction, use and property development shall be in conformance with all applicable requirements
of the Ada County Highway District prior to District approval for occupancy.
8. Payment of applicable road impact fees are required prior to building construction in accordance with
Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant
shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking
ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in
the event any ACHD conduits (spare or filled) are compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they 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, 0 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
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
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Apr 29 2004 2.25PM Engineering Solutions
E!RNEERING
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SIRUTIONSUP
April2g, 2004
Planning & Zoning Commission
Mayor and City Council
City of Meridian
33 East Idaho Avenue
Meridian, ID 83642
208 938 0941 P,1
RECTA ED
APR 2 3 7004
City Of Meridian
City Clerk Office
150 East Aikens Street,
Eagle, ID
Phone: (208)93
Fax: (208)93
E-mail: es-beckvm0aa
Re: McNelis Subdivision Annexation and Zoning and Pr*fiminary Plat
Files Nos. AZ -04-004 and PP -04-041
Dear Commissioners/Mayor and Council:
We have reviewed staff comments for the hearing date of April 29, 2004, and have the
responses:
2. Noted
3. The applicant will comply.
4. The applicant will enter into a development agreement that will: Indicate which
require a conditional use permit; require Certificates of Zoning Compliance pric
building or structural alterations; restrict business hours in the I -L and I,-0 wt
required by the Meridian City Council; and incorporate the appn
permitted/prohibited uses list.
5. The applicant will comply.
A.
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to
if
The applicant will construct a ten foot asphalt pathway. However, the construe on
standards as outlined in the Meridian Parks and Recreation System Plan for he
multi -use pathway are excessive. The standards specify 12 inches of pit run, six
inches of road mix compacted to 95% and two inches of asphalt paving. his
standard exeeeds that of a public street and makes the construction of a pathway an
extreme financial burden. If the City wants the cooperation of the development
RPR 29 '04 15:41 208 938 0941 PAGEI01
Apr 29 2004 2:226PM Engineering Solutions 208 938 0941
Planning & Zoning Commission
Mayor and City Council
April2g,2004
Page 2
community on the construction of these pathway networks their standards most
reasonable and affordable.
B. The access points delineated on the preliminary plat meet all requirements of
County Highway District. We have submitted a traffuh study which has analyzed
functionality and safety of these driveways. The traffic engineers (ie. WGI
ACED) have agreed that the locations as specified 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 modifiers 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 existing trees.
We cannot agree to the condition requiring landocaping within the public righ f
way. Typically we cannot determine the amount! of area between the face of
sidewalk aad the edge of new pavement until a dna is completed. I have ad
projects that this condition was placed upon than and ager design of the do -eel ne
we did not meet the greater than 13 foot distance.
The had use buffer will be provided when lots 4, deck 2 and 3 & 4, block 1 re
developed.
The applicant is opposed to landscaping the multi -use pathway. Hown
landscaping be installed when the Parks Department standards require six fee 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 ity
pathway.
D. I believe the appropriate type of feacing would be chain link.
E. The applicant will comply.
F. The applicant will comply.
SITE SPECIFIC CONDITIONS (PRELi WARY PLATT
1. The applicant has agreed to construct the ten foot asphalt pathway and pro an
easement to the City for pedestrian use. However, the applicant will not coast ct
the path to the excessive standards as outlined in the Comprehensive Parks ad
Recreation Plan. The standards set forth in the plan exceed the design standard of
a public street. The cost would be extreme and the standard makes oo sense w
considering the usage is pedestrians and bicycle traffic. The applicant is oppos to
landscaping any of the pathways.
RPR 29 104 15:41 208 938 0941 PRGE102
p.2
Fpr 29 2004 2:25PM Engineering Solutions 208 938 0941
Planning & Zoning Commission
Mayor and City Council
April28, 2004
Page 3
2. The applicant will comply with the requirements of'Ada County Highway Dis
and is opposed to the City of Meridian imposing restrictions not based on
specific standards.
3. The applicant will comply.
C 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 landosped with lawn or vegel
ground cover.
Provide a minimum 5 -foot wide landscape strip, with one tree :for every 33-1
feet, along both aides of the multi -nae pathways (on the west and north sides c
development). Additional width is encouraged to allow trees to be planted fa
from the pathway and prevent root damage to the path.
Please see the reasons for opposition in the previous domments.
5. The applicant will comply.
6. The applicant will comply.
7. The applicant will comply.
8. The applicant will comply.
9. The applicant will comply.
10. The applicant will comply.
STANDARD CONDITIONS
1. Noted.
2. The applicant will comply.
3. The applicant will comply.
4. The applicant will comply.
5. The applicant will comply.
6. The applicant will comply.
7. The applicant will comply.
APR 29 104 15:42
208 938 0941
PAGE. 03
p.3
npr 28 2UU4 2:25PM Engineering Solutions 208 838 0541
P.4
Planning & Zoning Commission
Mayor and City Council
April 28, 2004
Page 4
8. The applicant will comply.
9. The applicant will comply.
W. 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.
OAR AGENCY/DEP RTMEHT COMMENTS & COOMONS
MERIDIAN PARKS DEPARTMENT
1. The applicant is opposed to eausbucting the pathway to a standard which
that of a public street.
2. The applicant will comply.
3. The applicant will comply.
MERMIAN FLEE DEPARTMENT
1. The applicant will comply.
I 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
building permit review process.
6. The applicant will comply.
7. The applicant will work with the fire departs gent wlien development of let 4, bla
takes place.
MERIDIAN POLICE DEPARTMENT
RPR 29 '04 15:42 208 938 0941 PRGE.04
Apr 29 2004 2:25PM Engineering Solutions 208 938 0941
Planning & Zoning Commission
Mayor and City Council
April 28, 2004
Page 5
1. The applicant will comply.
Please feel flmc to call me if you have additional comments or questions.
Sincerely,
Eng' cering Solution/s, LLP
Becky
Partner
BM:ss
cc: Mr. Leon Blaser
Mr. Ed McNelils
APR 29 '04 15:42
I
208 938 0941 PAGE05
P.5
CITY OF MERIDIAN
PUBLIC HEARING
SIGN-UP SHEET
DATE April 29, 2004 ITEM # 8
PROJECT NUMBER PP 04-004
PROJECT NAME MCNeIIS Subdivision
NAME (PLE E PRINT)
�_s