HomeMy WebLinkAboutMussell Corner Subdivision PFP-03-007
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE REQUEST )
FOR PRELIMINARY/FINAL PLAT FOR)
MUSSELL CORNER SUBDIVISION ON )
21.38 ACRES IN A CoG ZONE, LOCATED ON )
THE NORTHEAST CORNER OF KUNA- )
MERIDIAN ROAD (SH 69) AND VICTORY)
ROAD, WITHIN SECTION 19, TOWNSHIP 3 )
NORTH, RANGE 1 EAST, MERIDIAN, IDAHO)
)
)
)
)
)
PINNACLE ENGINEERS, INC.,
APPLICANT.
C/C 05/11/04
C/C OS/25/04
C/C 06/08/04
C/C 07/06/04
CASE NO. PFP-03-007
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
AND ORDER OF
CONDITIONAL APPROVAL
OF PRELIMINARY/FINAL
PLAT
The above entitled matter coming on regularly for public hearing before the City Council
on May 11, 2004, and continued until May 25, 2004, June 8, 2004, and July 6, 2004, and Brad
Hawkins-Clark and Steve Siddoway for the Planning and Zoning Department, Dave McKinnon,
Jose Veneziano, and Steven H. Laney, appeared and testified at the hearing, and the City Council
having received a report ftom Craig Hood for the Planning and Zoning Department and Joho
Boyd, Engineering Technician II, and the City Council having received as part of the record of
this matter the recommendation to City Council of the Planning and Zoning Commission and the
applicant having submitted the Plat Drawing described as follows, "SITE PLAN, PROJECT
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARYIFINAL PLAT - MUSSELL CORNER SUBDIVISION
(PFP-O3-007)
PAGE 1 OF t8
TITLE: DOUBLE 'D' SEED AND FEED, PROJECT ADDRESS: MERIDIAN, ID, 06/29/04,
DATE: JUNE 29, 2004, PROJECT NO: 03078, DRAWN: EAP, CHECKED: SCEAP, FILE:
03078AO.l, SHEET NUMBER: AO.I SITE PLAN, STAMPED: RECEIVED JUN 29 2004
CITY OF MERIDIAN CITY CLERK OFFICE, COLE + POE ARCHITECTS, P.A.", Pinnacle
Engineers, Inc. submitted on behalf of Tim J. Mussell for preliminary/final plat approval, and
which preliminary/final plat application is herein received and adjudged by the City Council,
pursuant to Meridian City Code, Section 12-3. Therefore the City Council makes the following
findings:
FINDINGS OF FACT
1.
That the proposed development is in conformance with the Comprehensive Plan
by reason of the fact that it lies within the existing Urban Area as defined in the Meridian
Amended Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis
Comprehensive Plan and Map, adopted August 6, 2002, Resolution No. 02-382, and the property
is presently zoned CoG (General Retail and Service Commercial District), and requires
connection to the Municipal Water and Sewer System. [see Meridian City Code, Section 11-7-2
K]
2.
The preliminary plat is in conformance with the Amended Comprehensive Plan
City of Meridian adopted August 6, 2002, Resolution No. 02-382.
3.
It is found that the subdivision is in conformance with the Comprehensive Plan.
The Future Land Use Map designates the property as Commercial. In Chapter VII of the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARYIFINAL PLAT - MUSSELL CORNER SUBDIVISION
(pFP-O3-007)
PAGE 2 OF 18
Comprehensive Plan, Commercial areas are anticipated to provide a full range of commercial and
retail to serve area residents and visitors. Uses may include retail, wholesale, service and office
uses, multi-family residential, as well as appropriate public uses such as government offices. It is
found that the requested CoG zoning generally conforms to the stated purpose and intent of the
Commercial designation. The subject development is eligible for a combined preliminary/fmal
plat application because the proposed subdivision does not exceed four lots, there are no new
streets being dedicated or widened, and this development is not located within a floodplain,
hillside or the like (MCC 12-3-3). One of the four buildable lots (Lot 3) is for a new combination
feed store and gas/convenience station, located on the northeast comer of Victory Road and
Kuna-Meridian Road. Another one of the proposed lots will be for a future stand alone
commercial building. The remaining two proposed lots will be utilized in their current capacity
which includes: growing and storing materials for the on-site commercial landscape nursery, a
sprinkler/irrigation business, and a single-family residence/landscape office. The Applicant is
requesting detailed CUP/PD approval of the proposed feed store/gas station on Lot 3, and of the
existing structures on Lots I & 4. The existing coffee kiosk located near the intersection of
Victory Road and Kuna-Meridian Road will be removed if the application is approved.
4.
It is determined that public services are available to accommodate the proposed
development. It is found that the recent roadway improvements to Kuna-Meridian Road (SH 69)
should be adequate to serve this project for the short term. However, ITD has indicated that SH 69 is
not constructed to its ultimate section and will need to be widened again in the future. ITD needs
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARYIFINAL PLAT - MUSSELL CORNER SUBDIVISION
(PFP-O3-007)
PAGE 3 OF 18
additional right-of-way and/or a ftontage road adjacent to/through this property (see letter ftom ITD).
Improvements to Victory Road in this area have not taken place in the recent past, and except for the
anticipated signalization at SH 69, none are anticipated within the next 20 years (not in ACHD's
Five-Year Work Program). At full build out, it is believed that this site will add a significant amount
of traffic to the roadway system (see ACHD staff report for further details). This site has over 1,000
feet of ftontage on Victory Road. ACHD is requiring the Applicant to install roadway improvements
(pavement widening, sidewalk, bike lane, curb, gutter, etc.) on Victory Road. The ACHD is
recommending, with site-specific and standards conditions, approval of the subject development.
The subject site can be serviced by the City of Meridian's sanitary sewer and water systems.
Water mains would have to be extended in E. Victory Road ftom the Observation Point Subdivision.
A temporary sanitary sewer lift station would need to be installed near the northwest corner of the
development, and a pressure main would need to be extended approximately 1 ,400-feet north on N.
Kuna-Meridian Road to the existing sewer at the Elk Run Subdivision.
On January 23, 2004, a joint agency/department comments meeting was held with
representatives of key service providers to this property. The Meridian Fire Department has concerns
with serviceability of this site, as it is currently outside of their five-minute response zone. Because
the Fire Department does not know when a new station will be constructed in this area, south of the
freeway, all buildings within this development must be sprinklered.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARYIFINAL PLAT - MUSSELL CORNER SUBDIVISION
(PFP-O3-007)
PAGE 4 OF 18
SSC. All dumpster(s) must be screened in accordance with MCC 11-12-l.C.
It is found that the property proposed for annexation can be serviced by essential public
facilities and services.
The developer will be financing the extension of sewer, water, local/internal street
inftastructure, utilities and irrigation services to serve the project. The primary public costs to serve
the future site will be fire and police services. It is found that this development will not cause
excessive additional requirements at public cost, if the Applicant complies with the conditions of
approval for the annexation/zoning, conditional use/PD permit and preliminary plat applications.
5.
It is found that the subdivision will not conflict with the capital improvement
program because the developer is required to install sewer, water, local street inftastructure,
utilities and irrigation, for the development at their cost.
6.
It is found that the development will not require major expenditures for providing
supporting services. It is found that the recent roadway improvements to Kuna-Meridian Road (SH
69) should be adequate to serve this project for the short term. However, ITD has indicated that SH
69 is not constructed to its ultimate section and will need to be widened again in the future. ITD
needs additional right-of-way and/or a ftontage road adjacent to/through this property (see letter ftom
ITD). Improvements to Victory Road in this area have not taken place in the recent past, and except
for the anticipated signalization at SH 69, none are anticipated within the next 20 years (not in
ACHD's Five-Year Work Program). At full build out, it is believed that this site will add a
significant amount of traffic to the roadway system (see ACHD staff report for further details). This
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL AFPROV AL OF
PRELIMINARYIFINAL PLAT - MUSSELL CORNER SUBDIVISION
(PFP-03-007)
PAGE 5 OF 18
site has over 1,000 feet of ftontage on Victory Road. ACHD is requiring the Applicant to install
roadway improvements (pavement widening, sidewalk, bike lane, curb, gutter, etc.) on Victory Road.
The ACHD is recommending, with site-specific and standards conditions, approval of the subject
development.
The subject site can be serviced by the City of Meridian's sanitary sewer and water systems.
Water mains would have to be extended in E. Victory Road ftom the Observation Point Subdivision.
A temporary sanitary sewer lift station would need to be installed near the northwest corner of the
development, and a pressure main would need to be extended approximately 1 ,400-feet north on N.
Kuna-Meridian Road to the existing sewer at the Elk Run Subdivision.
On January 23, 2004, a joint agency/department comments meeting was held with
representatives of key service providers to this property. The Meridian Fire Department has concerns
with serviceability of this site, as it is currently outside of their five-minute response zone. Because
the Fire Department does not know when a new station will be constructed in this area, south of the
fteeway, all buildings within this development must be sprinklered.
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-I.C.
It is found that the property proposed for annexation can be serviced by essential public
facilities and services.
The developer will be financing the extension of sewer, water, local/internal street
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARYIFINAL PLAT - MUSSELL CORNER SUBDIVISION
(PFP-O3-007)
PAGE 6 OF 18
inftastructure, utilities and irrigation services to serve the project. The primary public costs to serve
the future site will be fire and police services. It is found that this development will not cause
excessive additional requirements at public cost, if the Applicant complies with the conditions of
approval for the annexation/zoning, conditional use/PD permit and preliminary plat applications.
7.
It is found that the gas station/convenience/feed store uses may involve activities,
processes, materials, equipment or conditions that will produce traffic, noise, fumes and/or odors. It
is not believed that the amount of traffic, noise, fumes and/or odors will be detrimental to the public.
MCC 11-12-2 and 11-12-3 are intended to mitigate impacts of special uses such as fire hazards, bulk
storage, noises. Conditions associated with a CUP and/or Development Agreement could establish
use parameters that would prevent detrimental effects. In order to establish some guidelines to
mitigate the detrimental aspects of the proposed use, the existing uses, and all future uses on-site, the
Applicant should clarify during the public hearing the hours of operation, hours of fuel delivery, any
potential for remgerated truck operation, and anticipated decibel levels generated at the site.
ACHD estimates this site will generate 1,632 additional vehicle trips per day (74
existing). Chapter VII of the Comprehensive Plan states that the City should "Restrict curb cuts
and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action
item 2). ACHD has evaluated access to this site ftom Victory Road, while ITD has jurisdiction
over access to Kuna-Meridian Road (SH 69). ACHD has approved two access points to Victory
Road. Review of the ACHD report for this project will provide additional information.
ITD has submitted a letter to the City stating that their policy for access to a Type IV
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARYIFINAL PLAT - MUSSELL CORNER SUBDIVISION
(PFP-O3-007)
PAGE 7 OF 18
Principal Arterial (SH 69) will be at intersections only, and spaced at one-half mile intervals in
urban areas. ITD allows approaches (other than intersections) in special cases and on a temporary
basis (see letter ftom ITD). ITD's policy on approaches lessens the ability of driveways to create
interference on the roadways. The driveways proposed to SH 69 for this site do not conform to
ITD's policy listed above for approaches on a Type IV roadway. Currently SH 69 has a posted
speed limit of 55 MPH. Vehicles leaving this site ftom the proposed access points will be
attempting to merge with, or cross, traffic that is going extremely fast. It is found that if the
approaches to the site are constructed as proposed, they will cause interference with the traffic
flow on SH 69. (See detailed analysis of access to SH 69 in the CUP/PD Special Considerations
section below.)
DECISION AND ORDER
Pursuant to the City Council's authority as provided in Meridian City Code,
Section 12-3-5 and based upon the above and foregoing Findings of Fact which are herein
adopted:
IT IS HEREBY ORDERED AND THIS DOES ORDER
1.
The Preliminary/Final Plat of the applicant as evidenced by "SITE PLAN,
PROJECT TITLE: DOUBLE 'D' SEED AND FEED, PROJECT ADDRESS: MERIDIAN, 10,
06/29/04, DATE: JUNE 29, 2004, PROJECT NO: 03078, DRAWN: EAP, CHECKED: SCEAP,
FILE: 03078AO.I, SHEET NUMBER: AO.l SITE PLAN, STAMPED: RECEIVED JUN 29
2004 CITY OF MERIDIAN CITY CLERK OFFICE, COLE + POE ARCHITECTS, P.A.", has
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARYIFINAL PLAT - MUSSELL CORNER SUBDIVISION
(PFP-O3-007)
PAGE 8 OF 18
been submitted for preliminary/final plat.
2.
The conditions of Staff pertaining to the Preliminary/Final Plat comments are as
set forth in the Memorandum to the Mayor and City Council ftom Craig Hood for Planning and
Zoning Department, and John Boyd, Engineering Technician II, dated: Transmittal Date: July 2,
2004, City Council Hearing Date: July 6, 2004, listing 29 PRELIMINARY /FINAL PLAT
CONDITIONS, a true and correct copy of which is attached hereto and marked Exhibit "A", and
consisting of twenty-one pages, and by this reference incorporated herein, and with the additional
requirements ftom the City Council from their meeting of July 6, 2004, and the requirements are
as follows, to-wit:
A.
Adopt the Recommendations of the Planning and Zoning Department as follows:
1.
All conditions of the accompanying Annexation/Rezone application and Conditional Use
Permit/PD application shall also be considered conditions of the Preliminary/Final Plat.
2.
Place a note on the face of the final plat that requires all future uses on the lots within this
subdivision to obtain Conditional Use Permit approval.
3.
Construct a maximum of one access to SH 69, if access is approved by ITD. If access is not
approved to SH 69 by ITD, then access shall be taken ftom Victory Road only. Depending on
the final decision by ITD, place a note on the face of the final plat stating that either: 1) Other
than the single access point approved by ITD, direct lot access to Kuna-Meridian Road (SH
69) is prohibited, OR 2) Access to Kuna-Meridian Road is prohibited, unless otherwise
approved by ITD and the City of Meridian.
4.
Other than the access points that have specifically been approved with this application by
ACHD, direct lot access to Victory Road is prohibited. Notes of the access restrictions
shall be noted on the final plat.
5.
Provide the City with a copy of a recorded cross access agreement for the lots in this
development to use the driveways to Victory Road and SH 69 (if applicable) as access to the
public street system.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARYIFINAL PLAT - MUSSELL CORNER SUBDIVISION
(PFP-O3-007)
PAGE 9 OF 18
6.
7.
8.
9.
10.
Construct 5-foot wide detached sidewalks adjacent to Victory Road and SH 69 in locations
approved by ACHD and ITD respectively.
To ensure that the pond will be retained and protected as an amenity for the lots within the
subdivision, place the pond area, currently shown within Lot 4, Block 1, in a common lot.
Prior to signature of the final plat by the City Engineer, enter into a license agreement with
ACHD for the proposed landscaping (shrubs, grass, etc.) in the right-of-way of Victory Road.
If a license agreement is not obtained ftom ACHD, provide a 20- foot wide landscape buffer
beyond the existing right-of-way for Victory Road.
Revise the plat to accurately depict the existing right-of-way dedicated to ACHD for Victory
Road in 1999 (48-feet to centerline).
Underground vear-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. Ifthe 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. Ifa 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.
11.
Sanitary sewer and water service to this site shall be via main line extensions from existing
mains. The applicant has proposed (per the staff memo prepared for the hearing on 4-15-04)
to extend a gravity sewer line in SH 69 ftom the Elk Run Subdivision. Water mains would
have to be extended in E. Victory Road ftom the Observation Point Subdivision. 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.
12.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY /FINAL PLAT - MUSSELL CORNER SUBDIVISION
(PFP-O3-007)
PAGE 10 OF 18
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
determining the groundwater, soil type & and characteristics during the design and
construction phases.
Maintenance of all common areas shall be the responsibility of the Mussell Corner
Business Owners Association.
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.
Coordinate fire hydrant placement with the City of Meridian Public Works Department.
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.
Any tree over 4" in caliper that is removed ftom 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.
Any existing domestic wells and/or septic systems within this project will have to be
removed ftom their domestic serviceperMCC 9-1-4 and 9-4-8. Wells maybe used for non-
domestic purposes such as landscape irrigation.
Developer shall coordinate mailbox locations with the Meridian Post Office.
All sidewalks shall be constructed in accordance with MCC 12-5-2.K. Prior to signature of
the final plates), all sidewalks shall be constructed or a financial guarantee that said
improvements will be completed shall be provided
All lot, parcel and tract sizes shall meet the minimum dimensional standards as established in
the zoning ordinance.
A note shall be placed on the final plat stating that unless otherwise approved, all building
setbacks shall meet the requirements of the zoning ordinance in effect at the time ofbuilding
permit submittal.
Unless otherwise approved through the CUPIPD, 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
PRELIMINARYIFINAL PLAT - MUSSELL CORNER SUBDIVISION
(PFP-03-007)
PAGE 11 OF t8
24.
25.
26.
27.
28.
29.
B.
1.
2.
a.
b.
c.
d.
e.
f.
3.
4.
5.
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.
A letter of credit or cash surety in the amount of 11 0% will be required for all landscaping,
pressurized irrigation, sanitary sewer, water, etc., prior to signature of the final plat.
Prior to signature of the final plat by the City Engineer, correct the errors on the plat
(p.U.D.I, right-of-way, notes, easements, legal description, spelling, etc.).
Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to signature on the final
plat per Resolution 02-374.
Plat approval shall be subject to the expiration provisions set forth in MCC.
Staff's failure to cite specific ordinance provisions or terms of the approved preliminary plat,
conditional use permit or development agreement does not relieve Applicant ofresponsibility
for compliance.
Adopt the Recommendations of the Meridian Fire Department as follows:
Acceptance of the water supply for fire protection will be by the Meridian Water Department.
Final Approval of the fire hydrant locations shall be . by the Meridian Fire
Department.
Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle.
The Fire hydrant shall not face a street which does not have addresses on it.
Fire hydrant markers shall be provided per Public Works spec.
Locations with fire hydrants shall have the curb painted red 10' to each side of the
hydrant location.
Fire Hydrants shall be placed on corners.
Fire hydrants shall not have any vertical obstructions to outlets within 10'.
All entrance and internal roads shall have a turning radius of 28' inside and 48' outside.
(Radii modification required near the northwest comer of the existing house and on the
easternmost driveway ftom Victory Road).
Insure that all yet undeveloped parcels are maintained tree of combustible vegetation.
Operational fire hydrants and temporary or permanent street signs are required before
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARYIFINAL PLAT - MUSSELL CORNER SUBDIVISION
(PFP-O3-007)
PAGE t2 OF 18
combustible construction begins.
6.
All driveways shall have a clear driving surface, available at all times, which is 20' wide.
(Width modification required near the southeast corner of the proposed feed store).
7.
Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature
landscaping.
8.
Commercial and office occupancies will require a fire-flow consistent with the Uniform Fire
Code to service the proposed project. Fire hydrants shall be placed an average of300' apart.
9.
The proposed project lies outside the five-minute response zone goal. Achievement of this
goal is subject to budgetary constraints and is intended to enhance the probability of a
favorable outcome on a request for Basic Life Support. The budget constraints are typically
defined as capital outlay for facilities that are located within 1.5 miles from a given location
and sufficient operational funds to staff the facilities.
10.
The fire department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. This cost of this installation is to
be borne by the developer.
11.
Any chemical storage on the site will require compliancewithIFC andMCC 11-12-3.A. This
includes agricultural fertilizers and chemicals.
12.
Any activity involving the use or storage of flammable or explosive materials shall be
protected by adequate firefighting and fire-prevention equipment and by such safety devises
as are normally used in the handling of any such material. Such hazards shall be kept
removed ftom adjacent activities to a distance which is compatible with the potential danger
involved as specified in the UFC, Uniform Life Safety Code, MCC 11-12-3.C, and the
National Safety Foundation publications.
13.
All buildings must be sprinklered.
C.
Adopt the Recommendations of Sanitary Service Co. as follows:
1.
Design the enclosure(s) per the standard recommendations ofSSC for access, gates, floor/pad,
container stops/bumpers, and dimensions. Coordinate the design with SSC. Approval of the
trash enclosure design will be required prior to issuance of a Certificate of Zoning Compliance
for the project.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARYIFINAL PLAT - MUSSELL CORNER SUBDIVISION
(PFP-O3-007)
PAGE 13 OF 18
Adopt the Ada County Highway District (ACHD) report date stamped: RECEIVED FEB
18 2004 CITY OF MERIDIAN CITY CLERK OFFICE, and the Applicant shall be
required to comply with all Site Specific Conditions of Approval, Standard Conditions of
Approval, and any all other requirements of ACHD.
D.
E.
Adopt the Recommendations of the Central District Health Department as follows:
I.
The Central District Health Department requires after written approval ftom the
appropriate entities are submitted, they can approve this proposal for central
sewage and central water; that plans must be submitted to and approved by the
Idaho Department of Health and Welfare, Division of Environmental Quality for
central sewage and central water; that run-off is not to create a mosquito breeding
problem; and it is suggested that stormwater be pretreated through a grassy swale
prior to discharge to the subsurface to prevent impact to groundwater and surface
water quality; that engineers and architects should obtain current best management
practices for stormwater disposal and design a stormwater management system
that is preventing groundwater and surface water degradation. Manuals for
guidance:
1.
State ofIdaho Catalog Of Stormwater Best Management Practices For
Idaho Cities And Counties. Prepared by the Idaho Division Of
Environmental Quality, July 1997.
2.
Stormwater Best Management Practices Guidebook. Prepared by City of
Boise Public Works Department, May 2000.
F.
Adopt the Recommendations of the Idaho Transportation Department as follows:
1.
2.
SH 69 has been designated a Principal Arterial. ITD wants ACHD and the
City of Meridian to help ITD preserve this corridor by recognizing the
following conditions. Future right of way widths will be, A: 120 feet each
side of centerline (240 feet total) for building setbacks and to include a
ftontage road, or B: 70 feet each side of centerline (140 feet total) if the
developer provides an internal ftontage road type system to feeder roads.
Access to a Principal Arterial Type IV will be intersections only, and spaced at
one mile intervals in rural areas and one-half mile intervals in urban areas.
Approaches (other than intersections) may be permitted in special cases and
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARYIFINAL PLAT - MUSSELL CORNER SUBDIVISION
(pFP-O3-007)
PAGE 14 OF 18
G.
on a temporary basis as follows:
I)
Allowed until state highway system is improved by a construction
project at which time an access will be provided to the property,
which may not directly access the state highway system, but may be
via a ftontage or backage road.
Shall be recorded at the County Recorders Office.
Temporary access restrictions will be noted on the permit.
2)
3)
3.
Noise abatement will be the responsibility of the developer and will be
constructed off of the State Right of Way, follow the Notice Abatement
Measures that were attached to the ITD's letter dated January 29, 2004.
4.
ITD would like to express that a variance to their policy for access will not be
considered unless the property has no other means of access except the
highway. This property ftonts Victory Road and has access to Victory Road.
5.
If a lot split has occurred since the approval ofITD's Access Control Policy
then a cross access agreement shall be required as direct access to the highway
will not be allowed.
6.
An access exists at the Northwest comer of this property. Further review of
this access will determine whether or not this access was previously approved
as well as the use of the access. This addition may exceed the access
requirements for the initial development therefore, ITD will require a Traffic
Impact Study and Safety Analysis. With receipt and review of the study and
analysis, ITD will conclude whether or not the access will require
modification to accommodate the new traffic conditions.
7.
An application for a permit must be submitted to the Department for
consideration of any new accesses or changes of use to any existing accesses
to the highway. Applicant shall contact Matt Ward at 8150 Chinden Blvd, in
Boise or call (208) 334-8341 for an application. Along with other conditions
required for the proposed permit, ITD will need a Traffic Impact Study and
Safety Analysis for the development.
Adopt the Nampa & Meridian Irrigation District as follows:
I. The District requires a Land Use Change Application be filed for review prior to final
platting.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARYIFINAL PLAT - MUSSELL CORNER SUBDIVISION
(PFP-O3-007)
PAGE 15 OF 18
2. All laterals and waste ways must be protected. The District's Kennedy Lateral
courses along the east and northern boundary of the proposed project. All laterals and
waste ways must be protected. All municipal surface drainage must be retained on
site. If any surface drainage leaves the site, the District must review drainage plans.
The Applicant shall contact Donna Moore at 466-7861 for further information.
3. The developer must comply with Idaho Code 31-3805.
H.
Adopt the action of the City Council taken at their July 6,2004 meeting as follows:
For Clarification:
1. Business hours for uses on this property shall presently have no restriction on hours of
operation. However, ifin the future the "no restriction" on hours becomes a problem or
hindrance to the surrounding area, then the City shall have the opportunity to re-evaluate
the hours of operation, and at that time possibly place hours of restriction upon the
businesses. Additionally, hours of fuel delivery, any potential for remgerated truck
operation, and other noise generated at the site shall comply with the Meridian City Code
Noise Ordinance. (Per action of the City Council taken at their July 6, 2004 meeting.)
2. The Applicant shall be allowed to provide the pond amenity within an easement, rather
than a common lot. The easement shall be maintained by the Property Owners'
Association.
3. The Applicant shall be allowed to use as a temporary access onto SH/69 which is located
at the far northern portion of the proposed project (Rumple Lane), until such area re-
develops.
4. The Applicant shall submit a revised Landscape Plan to reflect the northern boundary of
Victory Road, and provide a legal description pertaining to the pond area.
5. It is noted that ACHD will allow landscaping in their right-of-way but that they may
restrict the placement of trees, and a License Agreement shall be entered into between the
Applicant and ACHD.
3.
The final plat upon which there is contained the Certification and signature of
the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARYIFINAL PLAT - MUSSELL CORNER SUBDIVISION
(PFP-O3-007)
PAGE 16 OF 18
signed only at such time as:
a.
The Plat dimensions are approved by the City Engineer;
b.
The City Engineer has verified that all off-site improvements are completed
and/or the appropriate letter of credit or cash has been issued guaranteeing the
completion of off-site and required on-site improvements; and
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS 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 may be adversely affected by this decision may, within twenty-
eight (28) days after the date of this decision and order, seek a judicial review as provided by
Chapter 52, Title 67, Idaho Code.
. \\ , \ ~~ action of the City Council at its regular meeting held on the að it- day of
~, 2004.
BY~~
Tammy d e
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARYIFINAL PLAT - MUSSELL CORNER SUBDMSION
(PFP-O3-007)
PAGE 170F18
BY:~,~~ifY)
City Clerk's Office
Dated: I - '2.Lo -0,\
Z:\WorklMlMeridianlMeridian I 5360MlMussell Corner Sub AZ-03-038 PFP-OJ-O07 CUP-03-071IPFP FfCls.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARYIFINAL PLAT - MUSSELL CORNER SUBDIVISION
(PFP-O3-007)
PAGE 18 OF 18