HomeMy WebLinkAboutNola Subdivision PFP-04-008
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of a Request for Preliminary/Final Plat approval for four (4) commercial
building lots on 8.02 acres in an I-L zone for Nola Subdivision, by Anderson/Lockwood
Foundation.
Case No. PFP-04-008
For the City Council Hearing Date of: March 15, 2005
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 first 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.
b.
The matters were duly considered by the City Council at the March 15, 2005, 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.
Written and oral testimony was received on this matter, as reflected in the records
ofthe City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony).
c.
The Planning and Zoning Commission conducted public hearings and issued a
recommendation for approval to City Council.
The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
d.
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.
3. Application and Property Facts
a. 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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO. PP-O4-034 -PAGE I of4
verified that the property owner of record at the time of issuance of these findings is
Anderson/Lockwood Foundation.
4. Required Findings per Zoning and Subdivision Ordinances
a.
See Exhibit D for the findings required for the PreliminaryIFinal 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 October 26, 2004 as shown in Exhibit B, and the Conditions of Approval in
Exhibit C. 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:
1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat
dated January 20,2005 is hereby conditionally approved;
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO. PP-04-034 - PAGE 2 of 4
2. The following modification to the site specific conditions for the Preliminary/Final Plat
were made at the 3-15-05 City Council hearing;
a) Delete Site Specific Condition #6, which reads: "Applicant is to execute a
blanket easement which provides a permanent pedestrian easement in favor of
the City of Meridian on the subject property in the future of sufficient width to
cover a ten foot wide pathway along Locust Grove Road and East Pine
Avenue."
3. The site specific and standard conditions of approval are as shown in Exhibit C.
D. Notice of Final Action and Right to Regulatory Takings Analysis
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 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 the issuance or denial of
the approval 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.
E. Exhibits
Exhibit A:
Exhibit B:
Legal Description
Approved Preliminary Plat (1-20-05, with conditions)
Exhibit C:
PreliminaryIFinal Plat Conditions of Approval (all agencies)
Exhibit D: Preliminary/Final Plat Findings
By action of the City Council at its regular meeting held on the
1'no..1"(I}.., ,2005.
IS~
day of
COUNCIL MEMBER SHAUN WARDLE
VOTED~
COUNCIL MEMBER CHRISTINE DONNELL
VOTED~
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED~
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO. PP-04-034 - PAGE 3 of4
COUNCIL MEMBER KEITH BIRD
VOTED~
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED -
Attest:
and City Attorney.
BY~~À~
ty Clerk's Office
Dated: 3-1~-{)5
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO. PP-Q4-034 - PAGE 4 of4
EXHffiIT A
Nola Subdivision
PFP-04-008
Legal Description
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- UNLIMITED BOUNDARIES,INC.'óeA
Bergey Land Surveying
1103 W. Main Sf.
Middleton, ID 83644
Walt Neitz, PlS
Daug Bergey, PLS
Phone: 208.585.5858
Fax: 208.585.9001
DESCRIPTION FOIl
JlNDBBSON/LOC1IIfOOD FOIDIDATXON
. . NOLA SUBDIVISION
A ~ION OF TB1I NW1/4SW1/4
S1IC'.rION 8, T.3N., R.1E., B.II.,
ADA COUIiITY, IDAIIO
BLOCK 1, being a parcel of land as shown on Record of
Survey No. 5037, Instrument Number 100054857, of the
official records of Ada County, Idaho, and lying in the
NWl/4SW1/4 of Section 8, T.3N.. R1E., B.M.. Ada County,
Idaho, and being more particularly described as follows:
Commencing at the Northwest Corner of said NWl/4SW1/4 of
Section 8; thence, S89'54'09"E, 60.00 feet, along the
northerly boundary line of said SW1I4 of Section 8 ,to the
IIOIJIT OF JllBGtmlDIGI:
Thence, continuing along said northerly boundary line,
S89'54'09"E, 547.35 feet, to a point,
Thence, departing said northerly boundary line,
500'27' 51 "W, 686.04 feet, to an iron pin,
Thence, N88'30' OO"W, 547.20 feet, to an iron pin,
Thence, NOO'26' 40"E, 672.64 feet, to the 1IO:tNT OF
JllEGImlDIGI, of said Block 1, comprising 8.53 acres.
more or less.
SCJllJECT TO: Any easements or reserVations of record or
appearing on the above described parcel of land.
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EXHIBIT B
Nola Subdivision
PFP-04-008
Preliminary Plat
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EXHIBIT C
Nola Subdivision
PFP-O4-008
Conditions of Approval
SITE SPECIFIC CONDITIONS (PRELIMINARY PLAT/FINAL PLAT)
1. Make the following modifications to the final plat prior to recordation:
a. The 25-foot landscape easement along Locust Grove Road shall be extended
to the southern boundary of Lot 4.
b. The 10-foot landscape easement along Nola Road shall be extended to the
southern boundary of Lot 4.
c. Provide a note granting cross-access to Lots 1, 2, and 3 to utilize the new
drive access to East Pine Avenue.
d. Modify note #6 to include the extended landscape easements on Lot 4.
2. The applicant shall revise the Landscape Plan, dated 1/18/05 by Beck and Baird, and
submit 10 copies ofthe revised plan to the City Clerk's office at least 10 days prior to
the City Council hearing. The Landscape Plan shows a conifer placed within the
street buffer along Locust Grove Road near the property line between Lots 1 and 4,
which is prohibited by Meridian City Code 12-13-7-2. The conifer shall be removed
ITom the landscape plan or placed in a location which complies with MCC 12-13-7-2.
The Landscape Plan shall also be revise to show the four (4) additional trees required
in the street buffer along Nola Road.
3. The applicant shall submit CCR's that detail the responsibilities for the maintenance
of the landscaping and common parking and drainage areas for the subdivision prior
to the City Council hearing.
4. Water service to this site shall be via service line extensions from the existing mains
adjacent to the property. Applicant shall execute City of Meridian standard forms of
easements, for any mains that are required to provide service.
5. Sanitary sewer service to this site will be via main line extensions to an existing main
adjacent to the property. Applicant shall execute City of Meridian standard forms of
easements, for any mains that are requited to provide service.
6. 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.
7. Revise or add the following notes on the face of the plat:
(5.) "Buildinf! setbacks and dimensional standards in this subdivision shall be in
comvliance with Title 11 and Title 12 of the Meridian Citv Code unless
otherwise modified bv Conditional Use Permit (CUP-O4-025) which
allowed for reduced lot sizes and lot frontaf!es. "
(6.) "Re-word, responsibility lies with the business owner's association. "
(J 2.) "The owner of each lot across which passes an irrigation/drainage ditch or
pipe, is responsible for the maintenance thereof, unless such
responsibility has been assumed by an irrigation/drainage district. "
(13.)"The bottom elevation of structural footings shall be set a minimum of 12-
inches above the highest established normal groundwater elevation. "
8. Revise the Water Service Origin Statement in the Certificate of Owner's to simply
state". . . The City of Meridian, Water Def aFtffieftt"
9. Please submit a copy of the Ada County Street Name Committee's "Final" letter for
the street names and lot & block numbering. Make all corrections necessary to
comply.
10. Other than the access point specifically approved on East Pine A venue with this
application by ACHD, direct lot access to Locust Grove Road or East Pine Avenue is
prohibited.
11. Required landscape buffers/street improvements
developer/subdivider as part of the final plat.
shall be made by the
12. Provide a recorded copy of the cross access agreement for Lots 1,2, and 3 to utilize
the new drive access to East Pine Avenue.
GENERAL CONDITIONS (PRELIMINARY PLAT/FINAL PLAT)
1. 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.
2. Submit compaction test results to the Meridian Building Department for any building
pads within lots receiving engineered backfill.
3. 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. The applicant proposes connection to City
of Meridian water for irrigation. 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.
4. 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.
5. Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
6. Install 250-watt, high-pressure sodium streetlights at locations designated by the
Public Works Department. Street light contractor shall obtain an approved design
and permit ITom the Public Works Department prior to commencing installations.
7. Developer shall coordinate mailbox locations with the Meridian Post Office.
8. All proposed fencing must be in compliance with MCC 12-4-10.
9. 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.
10. 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.
II. 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.
12. Plat approval shall be subject to the expiration provisions set forth in MCC.
13. Street signs are to be in place, water system shall be approved and activated,
pressurized irrigation system approved and activated, drainage lots constructed, and
road base approved by the Ada County Highway District prior to applying for
building permits. All development improvements 8hall be installed and approved
prior to obtaining certificates of occupancy. A letter of credit or cash surety in the
amount of 110% will be required for all fencing, pathways, landscaping, pressurized
irrigation, sanitary sewer, water, etc., prior to signature on the final plat.
14. Complete the Certificate of Owners and accompanying Acknowledgment.
15. Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Army Corps of Engineers.
16. Applicant shall be responsible for application and compliance with and NPDES
Permitting that may be required by the Environmental Protection Agency.
17. Staff's failure to cite specific ordinance provisions or terms of the approved
preliminary plat or final plat does not relieve Applicant of responsibility for
compliance.
OTHER AGENCY/DEPARTMENT COMMENTS/CONDITIONS
MERIDIAN FIRE DEPARTMENT CONDITIONS
1. Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
2. Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a. Fire Hydrants shall have the 4 Yz" 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'.
3. All entrance and internal roads shall have a turning radius of 28' inside and 48'
outside radius.
4. Provide a 20' wide Fire Lane for all internal and external roadways.
5. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
6. Commercial and office occupancies will require a fire-flow consistent with the
International Fire Code to service the proposed project. Fire.hydrants shall be placed
an average of300' apart.
7. 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.
8. All processes & storage practices shall be required to comply with the Intemational Fire
Code.
SANITARY SERVICE COMPANY
1. Prior to issuance of a certificate of zoning compliance, that applicant shall submit an approved
site plan ii'om SSC.
MERIDIAN PARKS DEPARTMENT
1. Pathway and Trail standards: The proposed pathway and/or trail shall meet the
standards as set forth in the August 2003 Comprehensive Parks and Recreation
System Plan, pgs. 3-2 and 3-3, sections B & C.
2. Standard for City to assume Maintenance of a section of Pathway: The pathway must
connect ITom one major arterial to another, and either an easement or ownership deed
must be granted before the city will assume the maintenance of any section of
pathway.
3. Standard for Mitigation of trees: The standard established in the City of Meridian
Landscape Ordinance (MCC 12-13-13,6) will be followed.
4. 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.
NAMPAIMERIDIAN IRRIGATION DISTRICT
1. If all storm drainage is retained on site there will be no impact on Nampa & Meridian
Irrigation District and no further review will be required. However, if any surface
drainage leaves the site, the Nampa & Meridian Irrigation District requires a Land
Use Change Application be filed for review prior to final platting. Please contact
Donna Moore at 466-7861 for further information.
2. All laterals and waste ways must be protected.
3. The developer must comply with Idaho Code 31-3805.
4. It is recommended that irrigation water be made available to all developments within
the Nampa & Meridian Irrigation District.
CENTRAL DISTRICT HEALTH DEPARTMENT
I. After written approvals ITom appropriate entities are submitted we can approve this
proposal for central sewage and central water.
2. The following plans must be submitted and approved by the Idaho Department of
Health and Welfare: central sewage and central water.
3. Run-off is not to create a mosquito breeding problem.
4. 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.
ACHD CONDITIONS
enhancements). An annual survey wiD be required of II1e TMAITMO to mcnitor participation in
oltemaliYe lransportatlon programs and forwarded to the ACHe Commuteride Office.
5.
OtherAl:c:ess
Pine Avenue Is classifoed os a minor arterial. Othor lIIan the - specIIIcaJIy IIpproved with this
application, no additional access poinls will be approved. II nota of Ihls access restricIion shall be
placed on tha,fineI pial,
C.
Special Notice to the City of Meridian
L0I1 doaa nat have a driveway - to Pine Avenue or to the fuIur1¡ Locusl Grove Road. Only one
driveway wUl be llik>wed on PIll!! Avenuo lor this davatopmenl Tho """rlCOnt should place 0 note on
II1e plat that would provide croas - among all ollila 10111 and ensure that each lot can utilize II1e
one shored driveway on PIne Avenue.
D.
Site Specific Conditions of Approval
1.
Coordlna181he _naI rlghloof-way dedication with DlstI1ct sœtr lor 1110 southeasl comer "'the
I~on of PIne Awnue and Locust Grove Rœd. The rlgbk>kvay pun:haoo and sale agreement
and dead must be c:ompleted and signed by II1e applicant priorloecheåuUng tha fInol platlOf
signature by the ACHe Commisolon or prior to Issuance 01 e buillilng ponn~ (Of oIlIer required
permlla), whichever occurs firsl Allow up to 30 busin... days to process the right-of-way dedication
- receipt of aU requested _al. The owner will be paid tIle ,ro~ market veluo of the right-of-way
dedlcalad which Is en addition to exJsUng ACHD right-of-way It the owner suþmits a lelter of
eppllcatlon to the Irn¡ra<;t lee edmInIslrator prior to ÞrealdJlg ground, In """,rdance with the ACHD
Drdlnanoa In eIfact at thet Ume (currently Ordinance #2Og~ II funds ere available.
Dedlcale e IoIaI of 48-1ee1 of rIghI-oI-way from the oanterllne of Pine Avenue eÞutting the parcel by
moans of a Mn'IIIIIy deed. The right-oI-wey purå'lase and sale agreement and deed musl bo
com~ and slgneol by the applloaJlt prtorto scheduling 1II0finel plallorslgmlture by tho ACHD
Commission Of prior to Issuance of 0 building penn" (or oIher required pennllll), whichever occurs
firs.. Allow up to 30 business days to prooass the rlght-ol-wøy dedication - reoalpt of ell requested
materiel. The owner will be paid the ra~ market value of the r!ght,-of.-way dedicated. which Is en
addition to axlatJng ACHe rlghkll-way ntho owner submits a _of application to the impact leo
admlnlslretor prior to ÞraakIng gnound, in IICCIOrdenoa witIt IheACHD Ordinance In efFect at that Ume
(curranlly OrdInance#198~ llfunds.reavallable.
2.
t;.' j Pl'!IVkIea road trust to the DlsIrIcI for tho cost of. the old_lIte. bulllng the !lite lor Locust Grova Road
\_::/ The approodmate cost of the road trust wouid be ~ ($20 a llaoellooi. 63O-feet).
4.
eonslruct a 6.fuot delacheå.~aIk on Pine Avanuo abuttInO II1e site from the intersectIOn of Pine
Avanu. and Nola Road to. poInI450-feotweot. as proposed. Submit a rood lrust to th~ District for
the portion 0111- proposed k> NOT bs conslructed at1hie time (approximately 100-1001). Th.
~ coeI of 1I1e road trust would be $2,000 ($20 e Unealloot, 1OQ-feal). Tho portion of the
eldewaJk to be COI1oirucled shall be located . minimum of 41-1ee1 from the oanterllne 01 Pin. Avanue.
5.
Conalruct 'lSftlcal curb. gutter, and a 5-loat concrete sidewalk abutting the slæ on Nola Road, as
proposed.
6.
ConISIrud one driveway on Pine Avenue IoceIed In alignment with !he driveway on the north side of
PIne Avenue. ThIs allgrrnent win place the driveway approodrnetely 3QO-feet east of the intersection
of Pine Avenue and La<:ust Grove Reed (measured near edge to near edge). Conslruct the driveway
as a - type driveway. 40-_1n width. The driveway sllaJl be paved its fun width and at
leesl3IJ.._lnto the site.
Close the existing shored driveway on Nola Reed located 245-1'eet south 01 the north property line
with matching rœdway Impnwements (I.e. verticel curb, gutler. and sidewalk), œ the driveway is
proposed 10 NOT be utilized.
7.
8.
Locate any new driveway on NcIa Ri:>sd a minimum 01 ~ from the /nlersectlon of PI... Avenue
and Nola Rœd (meesured neer sdge 10 near edge).
Comply with aU SlandartJ CondItions 0/ Approvel.
g.
D.
Standard Conditions of Approval
1.
Arr¡ existing Irrigation faclHtIes shan be !8Iocated outside 0/ the right-of-way.
AI utUlty ralocetion - _lad with Impmvl!1 ¡ street frontages abutIi!1 ¡ the site shan be bonia
by the developer.
2.
3.
Replace any wOng damaged curb, guIIer and sidewalk and any that may be damaged duri!1 ¡ the
conslrucllon 0/ the proposed development. Contact Cons1ructIon - at 367.6280 (with file
number) for dalalla.
Utility street cu!a In pevement -then five years old era not aIIowsd unlass approved In writing by
the DIstrk:I. Contact the Dislrtcl's UtHIty Coord/nalor et 367-6256 (with file numbers) for delaDs.
4.
5.
AU cIeoIgn and conatnJI::tIon shllli be In accordance with the Ada County HIghway DistriCt Policy
Manuel, ISPWC SUondo"," and 8 O JfØ\Isd supplements, Con&Iruqtion Servicas procedures and all
appJ!cable ACHD 0n:IInances unless specifically waived herein. An engineer regl8tered In the State
0/ Idaho shall prepare end certify aIIlmprovemant plans.
6.
The applicant sheH submU - plans for staff approval, prior 10 losuance 0/ bulldl!1 ¡ pa""il (or
olhar requlrad pennllsJ, which Jncorporatss any required design~.
CÒI1s1rucl1on, uss and property development shell be In co-..anee with all applicable requirements
of the Ada County HIghway DIstrlcI prior to District approval for occupancy.
7.
8.
p~ 0/ sppllc¡¡ble road Impact fees ora required prior to building conslrucllohln acco,rtJance with
Ordlnanca #200, also known as Ada County HIghway DIstrlcIRo8d Impact Fee Ordinance.
U Is the responsibility 0/ the applicant to varify all existing utiIttiee within the right-of-way. The
applIcant at no cost to ACHD sheH rapatr exisUng utilities damaged by the applicant The applicant
shall be required to cell DII3l.INE (1-800-342-1585) at least two full business days prior 10 breaking
ground within ACHe righl-of-way. The appUcent shall contacIACHe Traffic Dparations 387-8190 in
the event any ACHD conduits (OpalS or filled) ara comproml8ed during any phase 0/ conslructlon.
9.
10.
No change In 1he 1erms and conditions 01 this approval shall ba valid unless !he!' .... in writing and
signed by the applicant or !he applicant's - representative and an authorized representative
01 Ilia Ada County Highway DIstrict. The burden shall be upon the applicant to obtain wrlttan
confirmatIon 01 any change from the Ada County Highway District.
MY change by the applicant In !he planned use of the property which is !he subject of this
application, shall require the applicanl to comply with aU rulas,l1!Bulallons, ordinances, plans, or other
regllialory and Il!!Ial reatricIIQne.1n føce at the time Ihe applica!1l or lie su""""'""" in interest advises
the HIghway District ollie Intent ID change tha planned usa oI1he subject property unless a
waiver/varianca 01 aald requirements or other Il!!IaJ rellaf Is gn¡I1Ied purauant to Ilia law In effect a! the
time the change in use Ia sough\.
11.
E.
Conclusions of Law
1.
The proposed site plan Is approved, if all of the Site Specific and Standard Conditions of Approval are
satisfied.
ACHD requirements ....Intended to assure that the proposed I$eklevalopmentwUl not place an
undUa burdan on !he e>Isting vehicular and pedestrian trans~ system within the vlçJnity
impactad by !he prapoaad daIoIIopment.
Attachments
1. Vlcln/ly Map
2, Sits Plan
3. Appeal GuldeUnas
2.
EXHIBIT D
Nola Subdivision
PFP-O4-008
Required Findings
PRELIMINARY PLAT FINDINGS
Meridian City Code (MCe) 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 Plan;
City Council finds the 2002 Comprehensive Plan Future Land Use Map
designates all of the subject property as "Industrial." The purpose of the Industrial
designation is "... to allow a range of industrial uses to support industrial and
commercial activities and to develop with sufficient urban services. In light
industrial areas, uses may include warehouses, storage units, light manufacturing,
and incidental retail and offices uses. Heavy industrial areas may include
processing, manufacturing, warehouses, storage units, and industrial support
activities. In all cases, standards for screening, landscaping, and adequate access
would be developed and implemented." (See Chapter VII, pg. 99.)
Staff finds that the proposed subdivision is in compliance with the
Comprehensive Plan.
B.
The availability of public services to accommodate the proposed
development;
Locust Grove is currently included in ACHD's Five-Year Work Progranl (2007)
and Capital Improvements Plan (#80). Locust Grove is anticipated to be 5 lanes
ITom Franklin Road to Fairview Avenue with curb, gutter, sidewalk and bike
lanes within 96-feet of right of way. The intersection of Locust Grove and Pine is
scheduled to be widened and signalized with that Sanle project.
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 by the developer fTom East Pine Avenue.
On November 12, 2004, a joint agency/department comments meeting was held
with representatives of key service providers to this property. The Meridian Fire
Department is supportive of the subdivision. The applicant should coordinate the
location and design 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.
City Council 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;
City Council finds that the subdivision will not conflict with the capital
improvement program because the developer is required to install sewer, water,
utilities and irrigation, for the development at their cost.
D.
The public fmancial capability of supporting services for the proposed
development;
The developer will be financing the extension of sewer, water, utilities and
irrigation services to serve the project. The primary public costs to serve the
future site will be fire and police services. City Council finds that this
development will not cause excessive additional requirements at public cost, if the
applicant complies with the conditions of approval for the and preliminary plat
application.
E.
The other health, safety or environmental problems that may be brought to
the Commission's attention.
ACHD considers road safety issues in their analysis; ACHD staff has approved
this subdivision, with conditions. There are no health, safety, or environmental
problems to bring to the Commission's attention