HomeMy WebLinkAboutMcNelis Subdivision PP 04-004BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 05/25/04
IN THE MATTER OF THE
REQUEST FOR PRELIMINARY
PLAT FOR McNELIS
SUBDIVISION FOR 16
COMMERCIAL BUILDING LOTS
AND 5 COMMON LOTS ON 34.6
ACRES LOCATED ON THE
NORTHWEST CORNER OF
USTICK ROAD AND TEN MILE
ROAD, WTTHIN SECTION 34 OF
TOWNSHIP 4 NORTH, RANGE 1
WEST, MERIDIAN, IDAHO
Case No. PP-04-004
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY
PLAT
BY: FALCON CREEK, LLC,
APPLICANT
The above entitled matter coming on regularly for public hearing before the City Council
on May 25, 2004, and Brad Hawkins-Clark for the Planning and Zoning Department, Becky
McKay, Kathleen Denny, Nathan Denny, Charles Crane, Dana Borquist, Janet Wilder, Steve
Weber, and Bruce Mills, appeared and testified, and the City Council having received a report
from Craig Hood for the Planning and Zoning Department, and Bruce Freckleton, Engineering
Technician III, and the City Council having received as part of the record of this matter the
recommendation to City Council of the Planning and Zoning Commission and the Preliminary
Plat "McNELIS SUBDIVISION PRELIMINARY PLAT, LOCATED IN THE SE '/ OF
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
McNELIS SUBDIVISION / (PP-04-004)
Page 1 of 19
SECTION 34, T.4N., R.1W., B.M., MERIDIAN, ADA COUNTY, IDAHO, DWG.DATE:
01/08/04 bkb, PROJ. NO. 3002 PRE, /3002-PRE.DWG, STAMPED: JAN 15 2004, FALCON
CREEK, LLC -OWNERS OF RECORD/DEVLEOPER, BECKY McKAY -
PLANNER/CONTACT", Falcon Creek, LLC, Developer, submitted. for preliminary plat
approval and which preliminary plat for approval application is herein received and adjudged by
the City Council pursuant to Meridian City Code § 12-3-3. Therefore the City Council makes the
following findings:
FINDINGS OF FACT
1. That the proposed development is in conformance with the Amended
Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in
the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis
Amended Comprehensive Plan Map, adopted August 6, 2002, Resolution No. 02-382, and the
property is presently zoned RUT by Ada County, however, an application for annexation and
zoning to L-O, C-G, and I-L is before the Council, and requires connection to the Municipal
Water and Sewer System. [Meridian City Code § 11-7-2]
2. The preliminary plat is in conformance with the Amended Comprehensive Plan
City of Meridian adopted August 6, 2002, Resolution No. 02-382. The proposed subdivision
meets goals of the Comprehensive Plan through the following:
Chapter N, Goal I, Objective A, Action item 6
Chapter VII, Goal IV, Objective A, Action item 4
Chapter VII, Goal I, Objective B
Chapter VII, Goal IV, Objective A, Action item 2
Chapter VI, Goal N, Objective A, Action item 1 i
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
McNELIS SUBDIVISION / (PP-04-004)
Page 2 of 19
Chapter VII, Goal IV, Objective A, Action item 8
Chapter VII, Goal IV, Objective A, Action item 1
Chapter fV, Goal II, Objective C, Action item 1
Chapter VII, Goal IV, Objective D, Action item 2
Chapter VI, Goal II, Objective A, Action item 12
Chapter VII, Goal IV, Objective D, Action item 4
Chapter V, Goal III, Objective D, Action item 5
Chapter V, Goal I, Objective A, Action item 11
Chapter V, Goal 1, Objective A, Action item 4
Chapter VI, Goal II, Objective A, Action item 3
With compliance of the Site Specific and Standard conditions listed within the staff
report, it is found that the proposed subdivision would be in compliance with the Comprehensive
Plan.
It is determined that public services can be made available to accommodate the
proposed development. 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. It is found that there will not be
excessive additional requirements at public cost and that the annexation and zoning will not be
detrimental to the community's economic welfare.
4. The proposed development is a continuity of the proposed development within the
City's Capital hmprovement Program and if the conditions, which are requested by the Planning
and Zoning Administrator and the Engineering Technician III, and as proposed by the developer
as stated on the preliminary plat, and there should not be a conflict with the capital improvement
program because the developer is required to install sewer, water, local street infrastructure,
utilities and irrigation, for the development at their cost. It is found that the City and its related
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
McNELIS SUBDIVISION / (PP-04-004)
Page 3 of 19
services are capable of servicing the proposed development. The development will not require
major expenditures for providing supporting services.
5. The development if built in accordance with the conditions and as proposed, will
not create health, safety or environmental problems and there have been no specifics of any such
concerns brought to the Council's attention, except for the inherit problems (real and/or
perceived) associated with the wastewater treatment facility. ACHD considers road safety issues
in their analysis; no hazardous natural features have been identified on the site.
6. It is found that the Recommendation To City Council of the Planning and Zoning
Commission is reasonable and appropriate for the conditions of approval of the preliminary plat
as hereinafter set forth. Other than previously noted above, it is not found that there would be
any other health, safety or environmental problems associated with this subdivision.
7. The applicant has submitted for consideration of this approval drawing of the
preliminary plat herein designated as "McNELIS SUBDNISION PRELIMINARY PLAT,
LOCATED IN THE SE'/ OF SECTION 34, T.4N., R.1W., B.M., MERIDIAN, ADA
COUNTY, IDAHO, DWG.DATE: 01/08/04 bkb, PROJ. NO. 3002 PRE, /3002-PRE.DWG,
STAMPED: JAN 15 2004, FALCON CREEK, LLC -OWNERS OF RECORD/DEVLEOPER,
BECKY McKAY - PLANNER/CONTACT".
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. There are
no other significant or scenic features of major importance that affect the consideration of this
application.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
McNELIS SUBDIVISION / (PP-04-004)
Page 4 of 19
9. The City Council recognizes the concerns of neighbors, and the neighboring
homeowners association contained in a petition submitted pertaining to this matter.
DECISION AND ORDER
Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted:
IT IS HEREBY ORDERED AND THIS DOES ORDER
The Preliminary Plat of the applicant as evidenced by having submitted the
Preliminary Plat "McNELIS SUBDIVISION PRELIMINARY PLAT, LOCATED IN THE SE
'/ OF SECTION 34, T.4N., R.1W., B.M., MERIDIAN, ADA COUNTY, IDAHO,
DWG.DATE: 01/08/04 bkb, PROJ. NO. 3002 PRE, /3002-PRE.DWG, STAMPED: JAN 15
2004, FALCON CREEK, LLC -OWNERS OF RECORD/DEVLEOPER, BECKY McKAY -
PLANNER/CONTACT", Falcon Creek, LLC, Developer is hereby conditionally approved; and
2. The conditions of approval are as follows to-wit:
A. Adopt the Special Recommendations of the Planning and Zoning Commission as
follows:
1. Modify Site Specific Condition #1 to state that the multi-use pathways will include
shoulders that give a total width of 14 feet and be designed to standards of HS-20 or
as jointly agreed by Planning and Zoning staff, the applicant, Public Works, and the
Parks Department.
2. Modify the first sentence in the last bullet in Site Specific Condition #4 to read:
Provide a minimum 5-foot wide landscape strip with one tree for every 351inear
feet along the interior sides of the multi-use pathways (on the west and north
sides of the development).
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
McNELIS SUBDIVISION / (PP-04-004)
Page 5 of 19
3. Add a new bullet to the end of Site Specific Condition #4 that reads:
Landscaping shall be maintained by the business owner's association of this
project.
B. Adopt the Conditions and Recommendations of the Meridian Planning & Zoning
and Public Works Departments as follows:
SITE SPECIFIC CONDITIONS OF APPROVAL IPRELIIVIINARY PLAT)
1. Construct a 10-foot wide, hard-surfaced pathway along the west property line, from
Ustick Road to the north property line (approximately). Construct a 10-foot wide,
hard-surfaced pathway along the north property line, from the west property line to
the east property line (Idaho Power property). Said pathways shall be fully improved
prior to issuance of the first building permit in the development. Prior to occupancy
of any building, a permanent pedestrian easement, in favor of the City of Meridian,
shall be recorded for the multi-use pathway. The easement(s) shall be sufficient
width to cover the 10-wide pathways. Buildings are precluded from being
constructed within this easement. Additionally, a note shall be added to the face of
the final plat(s) indicating the City of Meridian is responsible for the maintenance of
the pathway surface located within the easement. The applicant shall conform to the
Meridian Parks and Recreation Department standazds 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. The multi-
use pathways will include shoulders that give a total width of 14 feet and be
designed to standazds of HS-20 or as jointly agreed by Planning and Zoning staff,
the applicant, Public Works, and the Parks Department.
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:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
McNELIS SUBDIVISION / (PP-04-004)
Page 6 of 19
• 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 oftheright-of--way being landscaped with
lawn or other vegetative groundcover. A license agreement from ACHD for
landscaping within the right-of--way will be required.
• Remove the proposed conifer trees from the proposed landscape buffers on
Ustick Road and Ten Mile Road.
• Depict a 25-foot wide land use buffer on the south side of Lot 4, Block 2,
and a 20-foot wide land use buffer on the north and west sides of Lots 3 and
4, Block 1. Construction of the land use buffers shall be in accordance with
MCC 12-13-12-3.
• Provide a minimum 5-foot wide landscape strip, with one tree for every 35-
linear feet, along bath the interior 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.
• Landscaping shall be maintained by the business owner's association of
this project.
10 copies of a revised landscape plan, depicting the above-mentioned changes, have
been submitted to the City Clerk.
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 the or cover the Five Mile Creek or the
Nine Mile Creek. Any ditch, canal or lateral to be piped shall be shown on plans,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
McNELIS SUBDIVISION / (PP-04-004)
Page 7 of 19
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.
Underground year-round pressurized irrigation must be provided to all lots within
this development. The City ofMeridian requires that pressurized irrigation systems
be supplied by a year-round source of water. If the pressurized irrigafion 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 ofthe pressurized irrigation system
O&M manual shall be submitted prior to plan approval. The applicant shall be
required to utilize any existing surface or well water for the primary source. If a
surface or well source is not available, asingle-point connection to the culinary
water system shall be required. If a single-point connection is utilized, the developer
shall be responsible for the payment of assessments for the common areas prior to
signature on the final plat by the City Engineer.
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 prepazed by a soils
scientist with the final plat. Any drainage areas (detention/retentionbasfns) must
be designed to ensure that water will percolate or discharge within a period of
time not to exceed 24 hours for all storms up to and including a 100-year storm
event. Side slopes within drainage azeas shall not exceed 3:1. The project
engineer should pay close attention to the results of field studies determining the
groundwater, soil type & and chazacteristics during the design and construction
phases.
10. Maintenance of all common azeas shall be the responsibility of the McNelis
Business Owners Association.
STANDARD CONDITIONS
1. All conditions of the accompanying Annexation/Rezone application shall also be
considered conditions of the Preliminary Plat.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
McNELIS SUBDIVISION / (PP-04-004)
Page 8 of 19
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 aze at street intersections and/or fire hydrants.
5. A detailed fencing plan shall be submitted upon application of the final plat. A 6-
foot solid fence shall be required around the perimeter of the subdivision unless the
City agrees in writing that such a fence is not required. All fences shall taper down
to 3 feet maximum within 20 feet of all right-of--way.
6. A detailed landscape plan for the common areas, including pathways and types of
construction, shall be submitted for review and approval with the submittal of the
final plat applications. The plan must include sizes and species of trees, shrubs,
berming/swale details, and all proposed ground cover/treatment.
7. Any tree over 4" in caliper that is removed from the property shall be replaced by
installing additional trees, being the equivalent number of caliper inches of trees
that were removed. Required landscaping trees will not be considered as
replacement trees for those trees that have to be removed.
8. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service per MCC 9-1-4 and 9-4-8. Wells maybe 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, pazcel 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).
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
McNELIS SUBDIVISION / (PP-04-004)
Page 9 of 19
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.
C. Adopt the Recommendations of ACHD as follows:
1. The applicant shall do one of the following:
a. Dedicate by donation a total of 48-feet ofright-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 alorig 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 ofright-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 sidewallc along Ten Mile Road, located at the back edge of the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
McNELIS SUBDIVISION / (PP-04-004)
Page 10 of 19
existing right-of--way. Accomplish all necessary adjustments to properly
accommodate existing drainage and utilities.
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.
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
McNELIS SUBDIVISION / (PP-04-004)
Page 11 of 19
11. Construct aright-tum lane on Ustick Road for west bound traffic at the Ustick
Road/Burley Avenue intersection, as recommended by the submitted traffic
impact study. Coordinate the design of the turn lane with District staff.
12. Construct two 10-foot wide islands/medians that aze 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.
Standard Conditions of Aonroval
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 home by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that maybe
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at
387-6258 (with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standazds 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
McNELIS SUBDIVISION / (PP-04-004)
Page 12 of 19
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
construcfion 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 ACRD 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.
D. Adopt the Meridian Fire Department Recommendations as follows:
Final approval of the fire hydrant locations shall be by the Meridian Fire
Deparhnent.
a. Fire Hydrants shall have the 4'/~"outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each side of
the hydrant location.
e. Fire Hydrants shall be placed on corners.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
McNELIS SUBDIVISION / (PP-04-004)
Page 13 of 19
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
2. All entrance and internal roads shall have a turning radius of 28' inside and 48'
outside.
3. Operafional fire hydrants and temporary or permanent street signs aze required
before combustible construction begins.
4. The roadways shall be build to Ada County Highway District standards and shall
have a clear driving surface available at all times, which is 20' wide.
5. Provide a Knoxbox entry system for any gated uses within the development.
6. All trash dumpsters shall be a minimum of 5-feet away from any building.
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.
E. Adopt the Recommendations of the Central District Health Department as
follows:
1. This proposal can be approved for central sewage & central water after written
approval from appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfaze, Division of
Environmental Quality.
3. Run-off is not to create a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy Swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
The engineers and architects involved with the design of the subject project shall
obtain current best management practices for stormwater disposal and design a
stormwater management system that prevents groundwater and surface water
degradation.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
McNELIS SUBDIVISION / (PP-04-004)
Page 14 of 19
F. Adopt the Recommendations of Nampa Meridian Irrigation District as follows:
1. Applicant shall apply for a land use change application prior to final platting.
2. All laterals and waste ways must be protected.
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.
4. All municipal surface drainage must be retained on site. If any surface drainage
leaves the site, the Nampa & Meridian Irrigation District must review drainage
plans.
5. The Developer must comply with Idaho Code 31-3805.
6. NMID recommends that irrigation water be made available to all developments
within the Nampa & Meridian Irrigation District.
G. Adopt the Recommendations of the Meridian Police Department as follows:
1. 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.
H. Adopt the Recommendations of the Meridian Parks Department as follows:
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
McNELIS SUBDIVISION / (PP-04-004)
Page 15 of 19
I. Adopt the Requirements and Recommendations of the Idaho Power Company as
follows:
Required National Electric Safety Code Clearances:
a. Any building or structure located on the lots that aze adjacent to the line may
have height restrictions in accordance with the NESC (Nafional Electric Safety
Code).
b. 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.
c. 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.
2. Necessary Grading and Excavation Cleazances: 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.
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.
4. 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/bondinginstalled bythe builder to eliminate any potential
effects of electrical induction. The need for grounding should be evaluated by the
developer's electrical engineer or electrical. 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.
Adopt the action of the City Council taken at their May 25, 2004 meeting as follows:
For clarification:
The applicant shall work with the Nampa & Meridian Irrigation District to
make sure that the pump station is not located directly across from Mr.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
McNELIS SUBDIVISION / (PP-04-004)
Page 16 of 19
Crane's bedroom window.
2. The applicant shall be allowed convenience stores and gas stations in the C-
G zone for consideration as conditional uses on the corner of Ten Mile and
Ustick Roads. A detailed conditional use permit application would be
required for any uses in the proposed C-G zone. Through this process,
conditions can be placed on the facilities to minimize impacts on residential
properties.
3. The applicant shall provide for the pathway easement for connectivity
between the north and south point of the pathway on the northern portion of
the property line.
4. The access point onto Ten Mile which is proposed as a right in, right out, as
shown on the preliminary plat be eliminated.
5. On the I-L portion of the project, if a contractor yard is constructed, any
company vehicles, equipment, and any and all materials, must be either in an
enclosed building or behind site obscuring fences during non-working hours,
and such shall be located at the rear of the property.
6. Across-access agreement shall be required between all lots adjacent to the
commercial property on the comer.
7. There is a widely recognized need for infrastructure improvements
sooner, rather than later, especially as it respects large developments, the
Owner/Developer, as condition of annexation and zoning, shall
participate in the negotiations with Ada County Highway District, and
shall become a party to any eventual agreements worked out by the
developer/ACHD Group.
Therefore, as a condition of annexation, and as a condition of the
Development Agreement, Applicant shall participate in any road
infrastructure agreements negofiated with ACRD and shall faithfully
perform the terms of such agreement or agreements.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
McNELIS SUBDNISION / (PP-04-004)
Page 17 of 19
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAHINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner
may request a regulatory taking analysis. Such request must be in writing, and must be
filed with the City Clerk not more than twenty-eight (28) days after the final decision
concerning the matter at issue. A request for a regulatory takings analysis will toll the
time period within which a Petition for Judicial Review maybe filed.
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has
an interest in real property which maybe adversely affected by this decision may, within
twenty-eight (28) days after the date of this decision and order, seek a judicial review as
provided by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the ~~~
day of a/~lirc~ , 2004.
ROLL CALL:
COUNCILMAN SHAUN WARDLE VOTED (/ c~
COUNCILMAN BILL NARY VOTED v_ l/ ~--
COUNCILMAN CHARLIE ROUNTREE VOTED_~~
COUNCILMAN KEITH BIRD VOTED
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
McNELIS SUBDIVISION / (PP-04-004)
Page 18 of 19
Mayor y de Weerd
Attest: '9 '
o
__ SEAL
- _
9
William G. Berg, Jr., Cit Clerk :%9p'~'~T Est ,e ~ ,`
P
9 ,'
~~'~~i//FcoU~Y ~ ~9 \
\,.
F~Fl FiYil1Uf11\
Copy served upon Applicant, The Planning and Zoning Department, Public Works
Department and City Attorney.
BY~ ~,~~ Dated: ,1X19_. ~5 ~ a~~
City Cler s Office
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
McNELIS SUBDNISION / (PP-04-004)
Page 19 of 19