HomeMy WebLinkAboutNola Subdivision PFP
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 AndersonIL.ockwood
Foundation.
Case No. PFP-04-008
For the City Council Hearing Date of: March 15, 2005
A. Findings of Fact
l. 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.
The matters were duly considered by the City Council at the March 15, 2005, public
hearing. The applicant, affected property owners, and govermnent 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 public hearings and issued a
recommendation for approval to 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.
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 Preliminary/Final Plat application.
B. Conclusions of Law
l. 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 (I.C. §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 from the govermnental
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:
l. 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-O4-034 - 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
l. 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. Arequest 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:
Legal Description
Approved Preliminary Plat (1-20-05, with conditions)
Exhibit B:
Exhibit C:
Preliminary/Final 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
I'no..liI h ,2005.
IS-th
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-O4-034 - PAGE 3 of4
COUNCIL MEMBER KEITH BIRD
VOTED~
MAYOR TAMMYdeWEERD
(TIE BREAKER)
VOTED-=-
Attest:
and City Attorney.
BY;~ (ì À H.ffi-/
. ty Clerk's Office
Dated: 3-1~"'OS
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO, PP-O4-034 -PAGE40f4
EXHIBIT A
Nola Subdivision
PFP-04-008
Legal Description
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- UNLIMITED BOUNDARIES, INC.'ÒBA
Bergey Land Surveying
1103 W. Main St.
Middleton, ID 83644
Walt Neitz, PlS
Doug Bergey, PlS
PIIane, 208.585.5858
Fax' 208.585.9001
IIIISCRIPTZON -
JlNDBRSOIII/LOcmrooI> iOtDIDA'fZON
. NOLA SmmZVZ8ZON
A PO1\TZON OF TBE NW1/4S1f1/4
SBCTZON 8, T.3N., R.lB., B.M.,
ADA COtlN'l'Y, lDAIIO
BLOCK 1, being a parcel of land as shown on Record of
Survey No. 5037, Instrument Number 100054657, of the
official records of Ada County, Idaho, and lying in the
NWl/4SW1/4 of Section 6, T.3N.. R1E.. B.I'I., Ada County,
Idaho, and being more particularly described as follows:
Commencing at the Northwest Corner of said NWl/ 48Wl/ 4 of
Section 6; thence, S69°54'09"E, 60.00 feet, along the
northerly boundary line of said SW1/4 of Section 8 ,to the
PODI'Z OF BBGIIIII'DIG:
Thence, continuing along said northerly boundary line,
S69"54'09"E, 547.35 feet, to a point,
Thence, departing said northerly boundary line,
SOO"27'5l"W, 666.04 feet, to an iron pin,
Thence, N66"30' OO"W, 547.20 feet, to an iron pIn,
Thence, NOO"26' 40"E, 672.64 feet, to the POzm OF
1I1IIGIIIII'ZNG, of said Block 1, comprising 6.53 acres,
more or less.
SWlJIIC'f 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-04-008
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 of the 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
from 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 required 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
compliance with Title 11 and Title 12 of the Meridian CiN Code unless
otherwise modified bv Conditional Use Permit (CUP-O4-025i which
allowed for reduced lot sizes and lot fi-ontaf!es. "
(6.) "Re-word, responsibility lies with the business owner's association. "
(12.) "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, W ate¡- De 'Iartmeat"
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 Avenue 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 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 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 from 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.
11. 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 shall be installed and approved
prior to obtaining certificates of occupancy. A letter of credit or cash surety in the
alllount 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. Staffs 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 AGENCYIDEPARTMENT 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 Y:z" 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
combustible construction begins.
required before
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 International Fire
Code.
SANITARY SERVICE COMPANY
1. Prior to issuance of a certificate of zoning compliance, that applicant shall submit an approved
site plan from 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 from 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 N ampa & Meridian
Irrigation District and no further review will be required. However, if any surface
drainage leaves the site, the Nail1pa & 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 Nail1pa & Meridian Irrigation District.
CENTRAL DISTRICT HEALTH DEPARTMENT
1. After written approvals from 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
enhancemems). An annualsur;øy will be required of Ihs TMAfTMO 10 monitor partidp.ation in
-nail"" lransportstlon programs and lorwardad 10 the ACHD Commuteride 0IIIce,
5.
Other Ar:c:ess
Pine AYenus Is - as a minor arterial, Other than Ihs a- spacifically approved willi this
application, no additJonal acœss points will bo approved, A note of this a""""" _00 shall be
plaœd on Ihs.final pial,
C.
Special NotIce to the City of Meridian
Lot 1 d- not have a dtIvaway _10 Pine Avenua or 10 Ihs lulure Locust Gro"" Road. Only one
drlvewey will be aBowed 00 Pine Avenue for this develop¡nenl The applicant should placa a note on
the plat that would p!DVide ""'"" aoœss among all of tha lols and ensure that aach 101 can utilize Ihs
one shared driveway 00 PIne Avenus.
D.
Site Specific Conditions of Approval
1,
C<lordlnata Ihs _al rIght.-ol-way dediœtion with DIstrIct - for tha soulhaast comer of the
lotersoctJon of PI"" Avenue and Locust Grove Road. Tha rlgh~y purçhase and sale agreement
and - must be comp/ated and signed by Ihs eppllcant 1>rI<!r1l! sd1aduting Ihs flnal plat lor
sl¡¡na\l¡re by Ihs ACHD C""""lsoIon or plior 10 issuance of a building parm~ (or other required
"""",Ita). whtchever OCCUIS fIRIt. Allow up 10 30 busineu daya 10 procesa tho r1ght-of-way dedication
sfter reœlp! 01 all requ_"-"'. The owner will be pø/cl1h.1a~ marlæ1 value of tho right-of-way
dedlœted which Is 8IJ _10 existing ACHD right-of-way n the owner submits a ¡otter of
appIloaUon 10 the II11peI¡t fee _nIolralor prior 10 breoldr1g gn:u1d. In accordance willi the ACHD
Ordl""nca In - at that.me (currenlly Ordlnanca #2001 . fund& are avallab/o.
Dedicate a total of 48-foo of right-of-way from lhe cantorllne of Pine Avenua abuttIng the parcel by
- of a warranty _. The rig-way purchase and sele agreement and deed must be
oomploled and signed by tha applicant prior 10 schedulIng lholltiJal plat for signalure by the ACHD
C<lmm!sslon or prior 10 issuanœ '" a building permit (or - required permlta), whichever oa:urs
first. Allow up 10 30 buoll18llll daY" 10 _stho rtg--way dedication sfter receipt 01 all requesled
m_. The owner will be paid the fair marlœt value '" the rig--way dedicatad which is an
addltIon 10 O>datIng ACHD righkt-way . the ow"..r submits a letter of application 10 tha impact lee
adninl""'lorprior 10 bteekIng gruund, In eccordanca willi the ACHD Ordlnonca In effect at that lime
(c:urronUy Ordinance 11198). If fund& are avalab/e.
2.
,;;.' I Provide a FOed trust 10 the DIstrk:t for the coat'" tho. sldewal!< ablllllng the sJto for Locust Grove Road
V The sppraxlmate cost '" the rœd _I would be ~ ($20 a lneal foot, 630-feel),
4.
Construct 0 5-foot d- sidewalk 00 Pine Avenuo abutting the site from the Intersection of Pine
Avenue end Nola Road 10 a pø IIt 45G,feet .....t, as proposed. Submit a rood trust 10 the District for
the portion of sld- proposed to NOT be constructed at thIe lime (approximately l00-feet), The
approJdmate cost of the road trust mulll be $2,000 ($20 a lineel foot. 100-reot), '!'he portion of the
oIdewalk to be constructed shell be located a minimum of 41- from the cantarllne of PIne Avenue,
5,
Construct vertl<al curt>, gutter, ...... a 5-foo1 concrete sidewalk ~g the slta on Nola Road. as
PJOPOSed,
6,
Cœslrud one driveway on PIne Avenue located In aNgnmant wtth !he driveway on !he north side 01
Pine A_ue, This aÐgnmanl will place lI1e driveway appl'O>llmataly 300.teat _I oIlI1e Intarsl!Clion
01 Plna A_ua andl.ocust Grove Road (measured near edge 10 near edge), Construct lI1e driveway
as a aJob-retum type driveway, 4( .faet In w1d!h, The driveway she. be peved its full wld1h eod at
leasl 3O-feetlnto the sDe,
7,
Close !he OJdatlng shored drivewey on NoIe Road located 24S-fe8l BOuIl1 oIlIle north property Hne
wIth metchlng reedwey Improvements (I... _I curb, gUlter, eod sldewelkJ. if !he driveway is
prOposed 10 NOT b. ufJIJzed.
8,
Locate any new driveway on Nola Road e rronImum 0I5~feat ftom IIle ìntarsacIJon 01 Pine Avenue
and Nola Road (menwed néar edge 10 near edge).
Comply will1 all Slanderd Conditione 01 Approvel.
9,
D.
Standard Conditions of Approval
1,
2,
Any existing Irrtgetion IacIIffIes sheg be relocated outside 01 ÖIe rfghkJl-way.
AU utility relocation coats essoclaled wtth Improving _at rrontages ebuUIng ÖIe site shall be Þorne
Þy lI1a developer.
3,
Replace any mating damaged QJrb, gutter and sidewalk and any Ih8t may be damaged during lI1a
conslnJclion of o.a proposed --nt, Contact eon-on SaNices el 387.6280 (wllI1 file
number)for_l8.
U1IDIy _t cuts In pa...ment Ieoslhan ftve years old are not anowed uoleos approved In writing by
the Olstr1ct, Contaol!he Oislricl's U1IIity Coordinator at 387-6266 (wtth file numbers) fordelalls.
4.
5,
All cIesIgn and con""'CUon shen be In accordance wtth the Ada County Highwey Disbict Policy
Manual, fSPWC StanØllrds and approved supplements, Construction ServIces procedures end all
appNcebie ACHD OR:tlnanceo unIasa apecII!cally waivad herein. An engineer registered In the SI<oIa
oIldsho shalt prep"", and certify aIt Improvement plans,
The appllcent shali subm~ revised plena for Sfaff approval, prior 1<1 Issuance of building permit (or
other required pemllts), - Incorporatas any required design chonges,
6,
7,
CÕnslr\Jctlon. use and "",party developmenl sheD be In co_nee wtth all appUcable requirements
of !he Ada County Hig/lweyDl6trlct prIor!(J DI6trIct approve! for occupancy.
8,
Paymanl of appIlœbIe rœd ~ lees are required prior 1<1 I>uIldlng constructiOn in accordenee with
Ordinance #200. IIIso "'-" es Ada County Highway District Road Impact Fe. Ordinance.
It Is !he responsibility of the applicant 10 ...1iIy all existing utJlIUes wtIhIn o.e righl.of-wey, The
applicanl at no cost 1<1 ACHD .hen repelr existing utilüles damaged Þy !he applicant The applicant
shall be required 1<1 cell DlGUNE (1-8Q0.342-1565) at least two fuH business days prior 10 breaking
ground wIU1in ACHD righk>l-way, The applicant shan oontaciACHD Traffic Operations 367-6190 In
0.. event any ACHD conduits (apare or fillad) are compromleed during any phase of construction,
9.
10.
No ""onge In the tetmll end c:cndltions of Ihls approval shall be valid unløss they are in writing and
aignec by the applicant or the applicant's au1horized repreasntatlw and an authorized representative
of the Ada County HIghway Diab1ct, The burdan shan ba upoo the applicant to obtain writteo
confirmation of any c:hI¡nga fmm the Ada County Highway Diatr1ct,
MY chango by the appllcanlln the planned use of Ihe Propertywhleh Is the subjectoflhis
appUcation, shall require the applicant to comply wilh aU rules. ~ulallons, ordnances. piaPS. or olher
n!g\I1atory end Il!! al reatric\lQna.1n force at the time the applicant or lis SUCC8SSOlS in interest advises
the HIghway Dlslrlct of Its intent to ""aoge Ihe planned use of the subject property unless a
waiver/Varlanca of said requlremenls or other legel reUeI Is granted pu.....nt to the law In effect althe
time the c:hI¡oge in usa Is !!OU hl
11.
E.
Conclusions of Law
1.
The proposed site plan Is approIIIId, if aU of Ihe Site SpecIfic and Standard Conditions of Approval are
satisfied,
ACHe requirements are Intendeà to ass"", that the proposed uael<levelopmenl will not place an
undue burtlan on the Bldstlng vehicular and po_n lransporlallon swtem within Ihe vicinity
Impacted by the propollid development,
Att8chments
1, VIcinity Map
2, SIIe Plan
3, Appeal Guldellnas
2,
EXHIBIT D
Nola Subdivision
PFP-04-008
Required Findings
PRELIMINARY PLAT FINDINGS
Meridian City Code (MCC) 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 fmds the 2002 Comprehensive Plan Future Land Use Map
designates all of the subject property as "Industrial." The purpose ofthe 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 fmds 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 Program (2007)
and Capitallmprovements Plan (#80). Locust Grove is anticipated to be 5 lanes
from 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 same 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 from 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 (SSC).
Trash enclosures must be built in the location and to the size approved by SSC.
All dumpster(s) must be screened in accordance with MCC 11-12-1.C.
E.
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.
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