HomeMy WebLinkAboutSmitchger Subdivision PP-04-037
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of Request for Preliminary Plat Approval of 11 Commercial Building Lots
and 2 Common Lots on 36.93+ Acres in a C-G Zone for Smitchger Subdivision
Case No(s). PP-04-037
For the City Council Hearing Date of: November 30, 2004
A. Findings of Fact
1. Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the fITst publication appearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300')
of the external boundaries of the property. The notice of public hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing. All other noticing was done consistent with Idaho Code §67-
6509.
The matter was duly considered by the City Council at the November 30, 2004,
public hearing. The applicant, affected property owners, and government
subdivisions providing services within the planning jurisdiction of the City of
Meridian were given full opportunity to express comments and submit evidence.
b.
Written and oral testimony was received on this matter, as reflected in the records
of the City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony).
The Planning and Zoning Commission conducted a public hearing and issued a
written recommendation on the subject matter to the City Council.
c.
d.
The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
2. Process Facts
a. There has been compliance with all notice and hearing requirements set forth in
Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S), PP-O4-037 - PAGE I of 4
3. Application and Property Facts
In addition to the application and property facts noted in the staff report and the
Planning & Zoning Recommendation for the subject application(s), it is hereby
verified that the property owner of record at the time of issuance of these findings is
Ustick Marketplace, LLC.
4. Required Findings per Zoning and Subdivision Ordinance
a.
a.
See Exhibit F for the findings required for the Preliminary Plat application.
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land
Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-
6503).
2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all
current zoning maps thereof. The City of Meridian has, by ordinance, established the
Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was
adopted August 6,2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code
§ 11-17-9.
4. Due consideration has been given to the comment(s) received ITom the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning and Zoning Department, the Public Works Department and
any affected party requesting notice.
7. That this approval is subject to the Legal Description in Exhibit A, the Preliminary Plat
dated 11-10-04 as shown in Exhibit B and the Conditions of Approval in Exhibits C, D
and E. The conditions are concluded to be reasonable and the applicant shall meet such
requirements as a condition of approval of the application.
C. 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 that:
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP-O4-037 - PAGE 2 of4
1. The applicant's Preliminary Plat as evidenced by having submitted the plat dated
11/10/04 is hereby conditionally approved; and
2. The following modifications to site specific conditions were made at the City Council
hearing:
a. Delete site specific conditions #2 and #3, as the applicant has already complied
with these conditions.
3. The site specific and standard conditions of approval are as shown in Exhibit C, D and
E.
D. Notice of Applicable Time Limits
1. Notice of Twelve (12) Month Preliminary Plat Duration
Please take notice that after the date of approval of the preliminary plat, the owner or
developer shall have one year within which to file the request for approval of the final
plat. After approval of final plat, the owner or developer shall have one year to begin
construction of the public utilities and one year thereafter to complete construction of
those public facilities. (MCC l2-2-4.B & C.)
Notice of Final Action and Right to Regulatory Takings Analysis
E.
1. 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 may be filed.
2. Please take notice that this is a final action of the governing body ofthe 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 the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek ajudicial review as provided by Chapter 52, Title 67, Idaho
Code.
F.
Exhibits
Exhibit A:
Legal Description
Approved Preliminary Plat
Exhibit B:
Exhibit C:
Final Conditions of Approval- City
Final Conditions of Approval- ACHD
Exhibit D:
Exhibit E:
Exhibit F:
Final Conditions of Approval- Central District Health
Preliminary Plat Findings
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S), PP-O4-037 - PAGE 3 of 4
Below This Point For City Clerk Use Onlv:
¡YC~Ïñ°~Cit: io~~~cil at its regular meeting held on the
If-Ii day of
COUNCIL MEMBER SHAUN WARDLE
VOTED ƣ~
COUNCIL MEMBER CHRISTINE DONNELL
VOTEDþ
VOTED~
VOTED~
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
MAYORTAMMYdeWEERD
(TIE BREAKER)
VOTED-
Attest:
and City Attorney.
By: j(U{)\ ffi7)J" ~ ö ffi J
City Clerk's Office
Dated:
12- 21-0Lt
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASENO(S).PP-O4-037 -PAGE4of4
EXHIBIT A
Legal Description ~
BAItL. MABozr. &. "'AUIi'PDDoD. bro.
PROFESSIONAL ENGINEERS, LAND,SUR VEYORS & PLANNERS
314BAnIOLAS,......,.
CALI>WELL, lIWIo 83605
1'ELEPBo"., (208) 454-<1".
FAX, ("'3) 4,,-1)979
£mall, "",Y@oman',.n,t
FOR:
JOB NO,:
DATE:'
SMITH BRIGHTON PROPERTIES
JAlI04
March 12, 2004
PROPERTY DESCRIPTION
Apareol of land hoing a portion of tho SWI/4 SW1I4 of Section 33, Township4 North, Ræ>go 1
But, Boile Moridim, Mc:ridian, Ada County Idaho, man partícuIaxly describe<! as follows:
Commencing "tho SW OOIDerofsaid Soction 33, s,jd comer monumented with al/2-incò
diamoter iron pin;
Thonce S 89° 49' 08" E., adistartoaof354.75 foot (fonnrrly354.74 faet) along tho southerly
boundary of s,jd SWII4 SWl/4 and tho centerlino ofUSiiok Road to the POINT OF BEGINNING,
s,jd pointboing coíncidentwith SImon 11+54.74 of the Ustick Road Survey as describod ÌD that
certam Warranty Deed Instr. No, 95023303 and moolllDcnted with a 518-mcl1 diarno"," iron pm;
Thonceloaving the BOUtberlyboundary ofs,jd SWII4 SWl/4 and tho oentorlino of said Ustick
RoB<!, N. 0" 10' 52" E., .distanGO of25.00faettD a point on the northerly rightofway line of
"",sting Ustick Road as descrihod in said Warranty DoodInstr. No. 95023303, s,jd point
monUIOentrd with a 5/8-ÌDeb ~ iron pin;
Thonce along tho northeJ-ly boundary of said Warrs.,ty Docd Instr. No. 95023303 tho following
co,"""" and distances:
ThonceN, 85° 21' 25"W., adi_ce of249,18 feot (fonnerly249.17 f"'t) to. 5/8-incò diamote.
iron pin;
ThmooN 43° 22' 56" W a ""'...e of 10 45 m1lQ.thonorthweaterly oom"LQÚoid.w=ny~___.
Deed Instr, No. 95023303, said """""lies on tho ""erlyboundary oftha! certain Warranty D..d
!IiM, No. 95023304 and i. monum<:ø1ed with a 518-inch diameter iron pm;
Thonce along the ....terly boundaryofa,jd Warranty Dord Ins... No, 95023304 the following
eours.. and distanc..:
ThonceN. 01' 50' 52" E" a distance of691.41 f",lto a 5/8-inch diarn- iron pin;
,.
Page 2 - Legal Description
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TI\m:Ice N. 0" 30' ~.1 " "'~f¡I !ce of 584.00 feet (f""""ly SB3.8S\ fMt) to a point on the northerly
b~of3aid:SWI/¡¡SWII4,saidpointhemS. 89'47' 55"E.,adistmoeofIl5.01 feet
(ÍÓlnlatly S. a9"45' 21" a.a ~ of 115.00 feet) ñmn IbNW- of said SWII4 SWII4
(11 1116 == 'OIIIIJWIìto~Ót¡s 32 and 33), said pam is ~ with a Sl8-inch diameter
iron pin;
Thence lcavingthe _ly~ ofsaid Warnmty DaedInstr.)Iq., 9502;3304,
S. 89' 47' 5S"E., .di5Í_~ <I2¡4. 8feetalOD8 the nmtbo<Iy_í!>rY of said SWll4 SWI/4 to
the NE comer of said SW1/J1S'W114 (SW 1116 corner), ssid """"'" mtID_!ed wjth a Sl8-inch
diamoter iron pin;
ThóDee S. 0" 29' OS" We, adjøl¡¡oce óf1326.66 feet alon¡thU's~y~1IlIÒ>IJ' of said SWI/4
SW!l4 to theSEeomerofsaidSWll4 SWll4 (W 1/16 com!!l'~ to Sections 4 !Old 33);
Th..... N, 89" 49' OS"W., adista'twc of974.95 feet alongtl:¡ellØll!bfa' :Yboundaxy ..fsaid SWI/4
SWI/4 to the POINT OJ'BEGINNING. ~
This psœJ contains 36.93 =ea mora or 1es3.
A1so, this parcel isSUBJECT1p oil-to and righ/s..of-wayqf1 Oeoni or implied.
AUaceordiJ>, : to Raeord of 5mByij... 3769, recorded sslnslr;No, 91POg74S in the Office of the
Ada Count)' Rocorder.
The information oontainecI j¡¡ Ib¡s!e¡al deseription was dl:rivaol ~ the data of record ... shown
on "Iœcœd of SurveyNo, 37~, btt, No. 97008745", IIIId.Is 1IC!tbase¡¡ anon actual field survoy.
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EXHIBIT B
Approved Preliminary Plat
Smitchger Subdivision
(PP-04-037)
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EXHIBIT C
Preliminary Plat
Smitchger Subdivision
(File PP-O4-037)
Site Specific Conditions of Approval- Planninl! & Zoninl! / Public Works
1. All conditions of the recorded Development Agreement (Instrument No. 104107404)
shall also be considered conditions ofthe Preliminary Plat (PP-04-037).
2. Applicant shall submit a revised, detailed Landscape Plan with the final plat
application that includes the 10-foot street buffer details on Baldcypress and the
"New Road." Said improvements shall be made by the developer/subdivider as part
of the final plat phase that includes these buffers/street improvements.
3. Any existing domestic wells and/or septic systems within this project will have to be
removed ITom their domestic service, per City Ordinance Section 5-7-517. Wells
may be used for non-domestic purposes such as landscape irrigation
4. Any tree over 4" in caliper that is removed ITom 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.
5. A detailed fencing plan must be submitted upon application of the final plat. Said
plan should show the location and construction details of the sound wall required in
the DA along the east boundary. Unless otherwise approved by the City, all fencing
shall be constructed in accordance with MCC 12-4-10.
6. In accordance with Meridian City Code, all irrigation ditches, laterals or canals that
cross, intersect or lie adjacent to the subject site shall be covered or tiled. 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. The applicant proposes Settlers Irrigation
District to own and maintain the pressurized irrigation system. 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.
Smitchger Subdivision - PP-Q4-037 - Exhibit C
Page I of4
8. Sanitary sewer and water service to this site shall be via main line extensions ITom
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 ITom finish grade to the top of pipe. Each
building lot within this development shall be subject to paying sanitary sewer and
water latecomer fees at the time of building permit issuance.
9. Other than the access points that have specifically been approved with this application
by ACHD, direct lot access to Eagle Road/SH 55 and Ustick Road is prohibited. The
developer shall work with ITD and City staff to design the most suitable right-
in/right-out traffic control device for the intersection of the center driveway and Eagle
Road/SH 55.
10. 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.
11. Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
12. 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.
13. Developer shall coordinate mailbox locations with the Meridian Post Office.
14. All sidewalks shall be constructed in accordance with MCC l2-5-2.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
15. 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 of building permit submittal.
16. 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.
17. 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.
Smitchger Subdivision-PP-04-037 - Exhibit C
Page2of4
18. 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.
19. Plat approval shall be subject to the expiration provisions set forth in MCC.
20. 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 of responsibility for compliance.
MERIDIAN FIRE DEPARTMENT CONDITIONS
1. The applicant is requested to coordinate with the Meridian Fire Marshall regarding
the addressing of future buildings on Lots 5 and 7, Block 1 to ensure adequate
emergency response to these lots /Tom Eagle Road.
2. Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
3. Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a. Fire Hydrants shall have the 4 y." outlet face the main street or parking lot
aisle.
b. The Fire hydrant shall not face a street which does not have addresses on
it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each
side of the hydrant location.
e. Fire Hydrants shall be placed on corners.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
4. The phasing plan may require that any roadway greater than 150' in length that is
not provided with an outlet shall be required to have an approved turn around.
5. Provide a 20' wide Fire Lane for all internal & external roadways.
6. All entrance and internal roads shall have a turning radius of 28' inside and 48'
outside.
7. Insure that all yet undeveloped parcels are maintained ITee of combustible
vegetation.
8. Operational fire hydrants and temporary or permanent street signs are required
before combustible construction begins.
Smitchger Subdivision - PP-O4-037 - Exhibit C
Page 3 of 4
9. Fire lanes and streets shall have a vertical clearance of 13'6". This includes
mature landscaping.
10. 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.
11. The 11 commercial lots lot will have an unlmown transient population and will have
an unlmown impact on Meridian Fire Department call volumes. The Meridian Fire
Department has experienced 2397 responses in the year 2003. According to a report
completed by Fire & Emergency Services Consulting Group our requests for service
are projected to reach 2800 in the year 2005 and 3800 by the year 2010.
12. 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
13. Maintain a separation of 5' from the building to the dumpster enclosure.
14. Provide a Knoxbox entry system for the complex.
15. Paint the curb red and provide signage "No Parking Fire Lane".
16. All processes & storage practices shall be required to comply with the International
Fire Code.
17. All portions of the buildings located on this project must be within 150' of a paved
surface as measured around the perimeter of the building.
18. No Parking signs and painted curbs will be required for all Fire Lanes.
19. Provide exterior egress lighting as required by the Intemational Building & Fire
Codes.
SANITARY SERVICE COMPANY
1. SSC has no comments related to this application.
MERIDIAN PARKS DEPARTMENT
1. Standard for Mitigation of trees: The standard established in the City of Meridian
Landscape Ordinance (MCC 12-13-13-6) will be followed.
2. Standard Plan for Protection of Existing Trees during Construction: The standard
established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be
followed.
Smitchger Subdivision - PP-04-037 - Exhibit C
Page4of4
EXHIBIT D
ACHD Conditions of Approval
Smitchger Subdivision
(File PP-O4-037)
(See attached - 3 pages)
,
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needed right-of-way. The applicant should enter inlo a development agreement with the District
regarding the proposed signal.
C.
Site Specific Conditions of Approval
1.
Dedicate 6O-f~t of right-of-way from the centerline of Ustick Road (from Eagle Road to 50D-feet east
of Eagle Road)_abutllng the peu:cel by means of e wan-anty deed. The right-of-way purchase and sale
agreement and deed IT1tJSt be completed and signed by the appJlcant prior 10 scheduling the final ptat
for signabJre by the ACHD Commiesion or prior 10 issuance 01 a building permit (eN' other required
permits), whichever occurs first Allow up 10 30 business days to process the right-of-way dedication
after receipt 01 all requested malarial. The owner will be paid the fair marnet value of the right-of-way
dedicated which Is an addition to existing ACHD right-of-way 11 the owner submits a letter of
eppllcation to the impact fee adminlslralor prior to breaking ground, In accordance with the ACHD
Ordlnence in effect at that lime (cunentiy Ordinance #198), Wfunds are available.
2.
Construct a 5-foot concrate sidewalk located a minimum of 53-feet from the centerline of Uslick Road
abutting the entire sUe. If the sidewalk meanders outside of the right-of-way, provide the District with
an easement for the sidewalk.
3.
Dedicate 48-feel of righl-of-way from the centerline of Ustick Road (from SOO-feet east of Eagle Road
to the easl property line) abLJlting the parcel by means of a wanenty deed. The right-of-way purchase
and sale agreement and deed must be completed end signed by the applicant prior 10 scheduling the
final plat for signature by the ACHD Commission or prior to issuance of a building perm" (or other
requked permits), whlcheYBr occurs first Allow up 10 30 business dsys to process the right-of-way
dedicaIJon after receipt of all requested materiel. The owner win be paid the fair marne! value of the
right-of-way dedicated which Is an add"ion to existing ACHD right-of-way if the owner submits a letter
of application to the lmpect fee admlnlslralor prior to breaking ground, in accordance with the ACHD
Ordinance In effect at that time (currently Ordinance #198), W lunds are available.
Construct a 5-loot conClete sidewalk located a minimum of 41-feel from the centeriine of Uslick Road
abLJlting the entire site. If the sidewalk meanders outside of 1I1e right-of-way, provide the District with
an easement for the sidewalk.
4.
5.
Construct a 26-foot wide fight-in righi-out driveway aNI. Y Ihat intersects Ustick Road approximately
392-feet east of Stete Highway 55 (Eagle Road), as proposed. Construct a 6-inch raised median
within Ustick Roed to restrict the driveways functions to righI-InIrIght-out aNI. y, Coordinate the
design end installation 01 the raised median with the District Slafl.
Construct a 3Moot wide full access driveway thatlnters&d8. U8IIck Road approximately 750-leel east
of Stete Highway 55 (Eagle Road), as proposed.
6.
7.
Construct a 36-foot wide full acœss driveway that lnlet'set!lalle proposed collector street thai Is
located on 1I1e property's east property line, as proposlld.
Construct a 36-foot wide fuN access driveway that In~ proposed collector street that is
located on the property's easl property line, as proPosed:\!!7:';,.
Construct a 36-loot wide driveway that Intersects Bald '~Road approximately 31 a-feet east of
State Highway 55 (Eagle Roed), as proposed. '.
8.
9.
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10. Construct a ~-Iool wide drIveway that intersects Bald Cypress Road approximately 300-feet wast of
the proposed commercial streat that Is located on the properly's east property line, as proposed.
11.
Construct a 36-loot wide driveway that Intersects Bald Cypress Road approximately 670-feet west of
the proposed commercial slraat that is located on the property's east property line, as proposed. ).
Construct a coll~ roadway that Intersects Uslick Road approximately 30-feet wast of the east
properly line, as proposed. -
12.
13.
Com¡¡leta the existing street section of Bald Cypress Road 10 provide a 36-foot slreet saction 10
Include vartical curb, gutter and 5-fool concrete sidewalk abutting the entire sita and widen the slraat
section at Ihe IntersectIon of S- Highway 55 (Eagle Road) to a 50-1001 streel section, as proposed,
10 accommodate for Ihrea traffic lanes. Dedicate the necessary rtghl.<>f-way 10 accommodate lor
three traffic lanes on Bald Cypress Road.
Construct the proposed collector roadway as a 36-loot street section with vertical curb, gutter and 5-
foot detached concrete sidewalk (or 7 -foot attached) abuttlng the majority of the site; transltloning to a
50-foot slraat section with vertical curb, gutter and sidewalk at the inlal1lactions of Ustlck Road and
Bald Cypress Road.
14.
15.
Dedicate the required right-of-way of the new collactor roadway by means 01 recordation of a final
subdivision plat or execution of a warranty deed prIor to acceptance of the public roadways.
Dedicate !he right-of-way that is necessary to extend BroadIaÐf Street to the newly proposed collector
roadway.
16.
17.
Construct a pedestrian pathway DNL Y from Broadleaf Street to the proposed collector street, as
proposed.
Construct the center turn lane on UsIIck Road to provide a turning pocket for all three of the access
points thai are proposed to intersect Ustlck Road. Coordinate tha design of the turn lane with District
staff.
18.
19.
Construct a rIght-turn lane on Ustick Road of at least 210 feat In length at the rtght-in/rtght-out
drIveway that is proposed to intel1lect Usl1ck Road approximately 392-leet east of State Highway 55
(Eagle Road). Coordinate the design of tha tum iane with [) strict staff.
Construct a rIght-turn lane on Uslick Road of at least 210 feet In length is warranted at Ihe full access
drIveway that Is proposed to Intersect Ustick Road approximately 750-Ieat east of State Highway 55
(Eagla Road). Coordinate the design of the turn lane with District staff.
20.
21.
Enter Into a development agreement with the Dislrtct regarding the proposed traffIC signal at the
intersection of Ustick Road and the new collector roadway.
Comply with requirements of ITD lor Slate Highway 55 (Eagta Road) fronlage. SUbmit a letter from
ITD regarding the said requirements prIor to Districl approval of the final plat or issuance of a building
permit (or other required permits), whichever OCCUl1l first Contact The Idaho Transportation
Deparlmenfs Districlill Traffic Engineer Dan Coonce at 334-3300.
22.
23.
Comply with all Standard Conditions of ApprovaL
12
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2.
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Standard Conditions of Approval
Any existing irrigation facilities shall be relocated outside of the right-of-way.
All utility relocation costs associated with Improving streat frontages abutting the sUe shall be bome
by the developer.
3.
Replace any e>Cisting damaged.curb, gutter and sidewalk and any that may be damaged during the
constructlon of tha proposed development. Contact Construction SeNlces at 387-6280 (with file
number) for details.
4.
Utility streat cuts In pavement less than five years old are not allowed unless approved in writing by
the Dis1rict. Contact the Dlsbicl's Utility Coordinator at 387-8258 (with file numbers) for datalls.
All design and construction shaD be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction SeNlces procedures and all
applicable ACHD Ordinances unless spectflcally waived herein. An englnaer registered In the State
of Idaho shall prepare and certify aU improvement plans.
5.
6.
The applicant shall submIt revised plans for staff approval, prior to issuance of building parmit (or
other required permits), which Incorporates any required design changes.
7.
Construction, use and proparty development shall be in conformance with all applicable requirements
of the Ada County Highway District prior to Disbict approval for occupancy.
Payment of applicabla road Impact fees are required prior to building construction in accordance with
Ordinanca #198, also known as Ada County Highway District Road Impact Fee Ordinance,
8.
9.
It is tha responsibility of tha 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 DIGUNE (1-800-342-1585) at least two full business days prior to breaking
ground within ACHD right-of-way. The applicant shaD contact ACHD Traffic Operations 387-6190 In
the event any ACHD condult$ (spare or fillad) 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 appllcanfs authorized representative and an authorized rapresentative
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 Dlsbict.
Any change by the applicant in the planned use of the property which is the subject of this
appllcellon, shell requIre the applicant to comply with a j 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
walverlvartance of said requirements or other legal relief is granted pursuant to the law in effect at the
lime the changa In use Is sought.
11.
EXHIBIT E
Central District Health Department
1. This proposal can be approved for central sewage & central water after written approval
ITom appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of Environmental
Quality.
3. Run-off is not to create a mosquito breeding problem.
4. StonTIwater shall be pretreated through a grassy swale prior to discharge to the subsurface
to prevent impact to groundwater and surface water quality.
5. The engineers and architects involved with the design of the subject project shall obtain
current best management practices for stOnTIwater disposal and design a stOnTIwater
management system that prevents groundwater and surface water degradation.
EXHIBIT F
The City Council hereby approves the following analysis of required findings by staff:
PRELIMINARY PLAT FINDINGS AND REOUIREMENTS
Sections 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a
proposed subdivision, the Commission/Council shall consider the objectives of this title
and at least the following:
A.
The conformance of the subdivision with the Comprehensive Development
Plan;
Staff finds the 2002 Comprehensive Plan Future Land Use Map designates all of
the subject property as "Mixed Use-Regional." The purpose of the Mixed Use
designation is "to provide for a combination of compatible land uses that are
typically developed under a master or conceptual plan. . .and to identify key areas
[of the City] which are either infill in nature or situated in highly visible or
transitioning areas of the City where innovative and flexible design opportunities
are encouraged. The intent of this designation is to offer the developer a greater
degree of design and use flexibility." (See Chapter VII, pg. 97.) The C-G zoning
generally conforms to this stated purpose and intent of the MU-Regional
designation and the applicant was required through the DA to provide some
professional office or other non-retail use on Lot 11, Block 1.
Staff finds the following Goals, Objectives, and Action items contained in the
2002 Comprehensive Plan to be applicable to this application (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)
. "Require all developments adjacent to designated entryway corridors to
provide a minimum of35 feet of high quality, professional landscaping on the
site adjacent to the roadway." (Chapter V, Goal III, Obj.B, #8)
. "Require all commercial businesses to install and maintain landscaping."
(Chapter V, Goal III, Objective D, Action item 5)
. "Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended
Approach" /Tom the National Center for Bicycling and Walking in all land use
decisions." (Chapter VI, Goal II, Objective A, Action item 3)
The new road profile submitted with the application (see Exhibit A) shows 5-
foot sidewalks and 5-foot bike lanes on both sides of the proposed new road.
Staff strongly supports this proposed street location and design and believes it
to be an asset of the application and development.
Smilcbger Subdivision - PP-O4-037 - Exhibit F
Page 1 00
B.
"Locate new community commercial areas on arterials or collectors near
residential areas in such a way as to complement with adjoining residential
areas." (Chapter VII, Goal I, Obj. B, #5)
The recorded DA requires the applicant to construct a 6-foot sound wall on
the east property line in addition to a 20-foot wide landscape buffer. Other
sound and light mitigation measures were placed upon future uses within the
subdivision.
Staff finds that the proposed subdivision is in compliance with the
Comprehensive Plan.
The availability of public services to accommodate the proposed
development;
Improvements to Ustick Road in this area have not taken place in the recent past,
and none are anticipated by ACHD within the next 10 years (the roadway is not in
ACHD's current Five-Year Work Program but is listed as project #85 in their 20-
year CIP). Both the City of Meridian (through the approved CZe) and ACHD
require a 5-foot detached sidewalk on Ustick Road abutting the site.
.
The subject site can be serviced by the City of Meridian's sanitary sewer and
water systems. Sanitary sewer and water mains would have to be extended into
the site ITom Ustick Road and Eagle Roads.
On October 8, 2004, a joint agency/department comments meeting was held with
representatives of key service providers to this property. The Meridian Fire
Department has some concern about effective address sigoage for Lots 5 and 7
but is otherwise supportive of the subdivision. The applicant should coordinate
the location and desigo of refuse container(s) with Sanitary Services Company
(SSe). 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.
The Commission and Council should reference any written or verbal testimony
submitted by the Meridian Police Department, and any other agency not listed
above, regarding their ability to adequately service this project.
Staff finds that the property proposed for development can be serviced by
essential public facilities and services.
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
inITastructure, utilities and irrigation, for the development at their cost.
Smitchger Subdivision - PP-04-037 - Exhibit F
Page 2 00
D.
The public fmancial capability of supporting services for the proposed
development;
The developer will be financing the extension of sewer, water, local/internal street
inITastructure, utilities and irrigation services to serve the project. The primary
public costs to serve the future site will be fire and police services. Staff finds that
this development will not cause excessive additional requirements at public cost,
if the applicant complies with the conditions of approval for the conditional use
permit and preliminary plat applications. The Commission and Council consider
the Meridian Police, Parks 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.
Staff finds the primary health and public safety issue related to this subdivision is
the increase in vehicular traffic and the ongoing challenges facing Eagle Road/SH
55. While this preliminary plat application does not, in and of itself, propose new
uses on the property, the plat does create the ability to more easily market and
convey lots to new commercial users. An approved preliminary plat grants the
owner an entitlement to create. final, buildable lots - assuming the final plat
substantially confonns. There are no required findings that must be made related
to traffic or public safety with final plat applications. The Commission and
Council should rely upon the traffic estimates and testimony oflaw enforcement,
emergency response and transportation professionals and regular drivers of Eagle
and Ustick Roads in making this required finding.
The Commission and Council should also note both the public and
agency/department testimony already in the public record regarding this site for
the Market Square hearings regarding traffic safety on Ustick and Eagle Roads.
ITD recently completed the Eagle Road Corridor Study which analyzed the
potential signalization of intersections in this area. The Traffic Impact Study
prepared for the Market Square annexation application (by Earth Tech Engineers)
projected the site at build-out will generate an external Average Daily Traffic of
10,825 vehicles per day, an AM peak traffic of272 vehicles per hour and a PM
peak traffic of945 vph. Approximately 35% of the total traffic is projected to
have Ustick Road destinations and 65% to have Eagle Road destinations. ACHD
is allowing two driveways, a right-in/right-out and a full-access, on Ustick Road.
They have also preliminarily approved the new signal proposed at the east
property line.
Smitchger Subdivision - PP-O4-037 - Exhibit F
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