HomeMy WebLinkAboutMcNelis Subdivision FP-05-047
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF FALCON
CREEK, LLC FOR APPROVAL OF
16 BUILDING LOTS AND 4
COMMON LOTS ON 34.603 ACRES
IN L-O, I-L, AND C-G ZONES
LOCATED ON THE NORTHWEST
CORNER OF NORTH TEN MILE
ROAD AND WEST USTICK ROAD
IN A PORTION OF THE S Y2 OF
THE SE % OF T. 4N. R.IW.,
SECTION 34
CIC August 9, 2005
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CASE NO. FP-05-047
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council for Final Plat approval pursuant to
Meridian City Code § 12-3-7 on August 9, 2005, and the Council finding that the Administrative
Review is complete from Sonya Allen, Assistant City Planner for the Planning and Zoning
Department, and Michael Cole, Development Services Coordinator for the Public Works
Department, dated: Hearing Date: August 9, 2005, to the Mayor and Council, and the Council
having considered the requirements of the preliminary plat the Council takes the following action:
IT IS HEREBY ORDERED THAT:
1.
The Final Plat of "PLAT SHOWING MCNELIS SUBDIVISION LOCATED IN A
PORTION OF THE S 1'2 OF THE SE ~ OF T. 4N., R. 1 W., SECTION 34, BOISE
MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005, HANDWRITTEN
DATE: 06/27/05, SHEET 1 OF2, ENGINEERING SOLUTIONS, LLP", FALCON
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR MCNELIS SUBDIVISION 1 (FP-O5-047)
Page 1 of 3
CREEK, LLC, Developer, is Conditionally Approved subject to those conditions of
Staff comments as set forth in the Memorandum to the Mayor and City Council from
Sonya Allen, Assistant City Planner for the Planning and Zoning Department and
Michael Cole, Development Services Coordinator for the Public Works Department,
dated: Hearing Date: August 9, 2005,
listing 22 SITE SPECIFIC
REQUIREMENTS/FINAL PLAT and 13 GENERAL REQUIREMENTS, a true and
correct copy of which is attached hereto marked Exhibit "A", and consisting of
pages, and by this reference incorporated herein, and the response letter from
Engineering Solutions, LLP, a true and correct copy of which is attached hereto
marked Exhibit "B" and consisting of 3 pages, and by this reference incorporated
herein, and the response letter from Nampa & Meridian Irrigation District, a true and
correct copy of which is attached hereto marked Exhibit "c" and consisting of 2
pages, and by this reference incorporated herein.
2.
The final plat upon which there is contained the Certification and signature of the
City Clerk and the City Engineer verifying that the plat meets the City's requirements shall
be signed only at such time as:
1.
The Plat dimensions are approved by the City Engineer; and
2.
The City Engineer has verified that all off-site improvements are completed
andlor the appropriate letter of credit or cash has been issued guaranteeing the
completion of off-site and required on-site improvements.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULA TORY TAKINGS ANALYSIS
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR MCNELIS SUBDIVISION 1 (FP-O5-047)
Page 2 of 3
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.
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest
in real property which may be adversely affected by this decision may, within twenty-eight (28) days
after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67,
Idaho Code.
By action of the City Council at its regular meeting held on the ~
day
of
Ii
By:
Dated: <R - d1-(J;
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR MCNELIS SUBDIVISION 1 (FP-O5-047)
Page 3 of 3
MAYOR
Tammy de Weerd
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 898-5500 . Fax (208)898-9551
CITY COUNCIL MEMBERS
Keith Bird
Christine Donnell
Shaull Wardle
Charles M. Rountree
PLANNING AND ZONING
DEPARTMENT
(208) 884-5533' FAX 888-6854
STAFF REPORT:
Hearing Date: August 9, 2005
Transmittal Date: August 4, 2005
To:
Mayor and City Council
..(1-1
Sonya Allen, Assistant City Planner ()
Michael Cole, Development Services Coordinator rY\ G
From:
Re:
McNelis Subdivision
Request for Final Plat approval of 16 Commercial Building Lots and 4 Common
Area Lots on 34.603 Acres in I-L, L-O, and C-G Zones by Falcon Creek, LLC
(File No. FP-O5-047).
We have reviewed the above referenced submittals and offer the following comments as
conditions of approval. These conditions shall be considered in full, unless expressly
modified or deleted by motion of the Meridian City Council:
APPLICATION SUMMARY & LOCATION
The applicant, Falcon Creek, LLC, has applied for final plat approval of 16 commercial building
lots and 4 common area lots on 34.603 acres of land for McNelis Subdivision. The zoning
designation for the proposed subdivision is I-L (Light Industrial), L-O (Limited Office), and C-G
(General Retail and Service Commercial).
McNelis Subdivision is located at the north-west corner of W. Ustick Road and N. Ten Mile
Road, in the SE ~ of Section 34, TAN., R.IW.
The submitted final plat substantially complies with the approved preliminary plat.
Staff recommends approval of McNelis Subdivision with the comments and conditions stated in
this report.
SITE SPECIFIC COMMENTS 1 FINAL PLAT
1.
Applicant is to meet all terms of the approved annexation (AZ-04-004), development
agreement (Inst. No. 104093293) and preliminary plat (PP-04-004) for this subdivision.
FP-O5-047
Exhibit "A"
McNelis Sub FP.doc
7.
Mayor & City Council
Hearing Date: August 9, 2005
Page 2
2.
The applicant has indicated that the McNelis Subdivision Business Owner's Association
will own and maintain the pressure irrigation system within this development, however
the plat indicates it will be owned by Nampa and Meridian Irrigation District. If it is to
be maintained as a private system plans and specifications shall be reviewed by the
Public Works Department, with a draft copy of the Operations and Maintenance
submitted prior to plan approval.
If it is to be owned and operated by N amp a and Meridian Irrigation District, a license
agreement shall be entered into prior to scheduling a pre-construction meeting.
3.
The City of Meridian requires that pressurized irrigation systems be supplied by a year-
round source of water. If a creek or well source is not available, a single-point connection
to the culinary water system shall be required. If a single-point connection is used, the
developer shall be responsible for the payment of assessments for the irrigable common
areas prior to signature on the final plat by the Meridian City Engineer.
4.
All irrigation ditches, laterals or canals, (excepting the Five Mile Creek and Nine Mile
Creek) exclusive of natural waterways intersecting, crossing or lying adjacent and
contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans
will need to be approved by the appropriate irrigation/drainage district, or lateral users
association (ditch owners), with written approval or non-approval submitted to the Public
Works Department. If lateral users association approval can't be obtained, alternate plans
will be reviewed and approved by the Meridian City Engineer prior to final plat
signature.
5.
Sanitary sewer service to this site shall be from service line extensions from existing
mains adjacent to the site. The applicant shall be responsible to construct all necessary
mains to service this project. Subdivision designer to coordinate main sizing and routing
with the Public Works Department. Cover over sanitary sewer mains shall be no less than
3-feet from finish grade to the top of the pipe. If cover is less than 3-feet from the sub-
grade to the top of pipe, alternate pipe materials shall be used per the Meridian Public
Works Department's Standard Specifications. Applicant shall execute City of Meridian
standard forms of easements for any mains that are required to provide service.
6.
Water service to this site will be from main line extensions from existing water mains
adjacent to the site. The applicant shall construct all water mains necessary to service
this project. Coordinate main size and routing with Public Works. Applicant shall
execute City of Meridian standard forms of easements, for any mains that are required to
provide service.
Multi-use pathways shall include shoulders that give a total width of 14-ft. and be
designed to standards of HS-20 or as jointly agreed by Planning & Zoning staff, the
applicant, Public Works, and the Parks Department. The applicant shall conform to the
Meridian Parks and Recreation Department standards for construction of the regional
pathway.
FP-O5-047
Exhibit "A"
McNelis Sub FP.doc
13.
14.
15.
16.
Mayor & City Council
Hearing Date: August 9,2005
Page 3
8.
Multi-use pathways must be fully improved prior to issuance of the first building permit
in the development.
9.
The Applicant shall contact Bryce Farris of Ringert Clark Chartered Lawyers (or the
current attorney for Nampa Meridian Irrigation District) at 342-4591 to initiate the
License Agreement process for the public multi-use pathway located along the northern
& western boundaries of this subdivison. The License Agreement is required under the
Master Pathway Agreement between the City of Meridian and NMID, dated December
19, 2000. It is the developer's responsibility to initiate the License Agreement request
and provide all information required by NMID's attorney.
10.
Prior to occupancy of any building, a permanent pedestrian easement, in favor of the City
of Meridian, shall be recorded for the multi-use pathways. The easement shall be
sufficient width to cover the width of the pathway(s). Buildings are precluded from being
constructed within this easement.
11.
Applicant shall submit a "FINAL" street name approval letter from the Ada County
Street Name Committee prior to signature on the final plat by the Meridian City
Engineer.
12.
A 20-ft. wide landscape buffer is required on the south side of Lot 4, Block 2 where the
20-ft. wide sewer easement is proposed. Adjust the lot line common to Lots 3 & 4 so that
the sewer easement is contained in Lot 3 and the landscape buffer is contained in Lot 4.
Also, show the 20-ft. wide landscape buffer easement graphically on the face ofthe plat.
Graphically depict the 20-ft. wide landscape buffers required on the north and west side
of Lot 3, Block 1 and on the west side of Lot 4, Block 1.
Complete the instrument numbers of all existing easements that are shown on the plat.
All areas approved as open space shall be free of wet ponds or other such nuisances. All
stormwater detention facilities incorporated into the approved open space are subject to
MCC 12-13-14 and shall be fully vegetated with grass and trees. Sand, gravel or other
non-vegetated surface materials shall not be used in open space lots, except as permitted
under MCC 12-13-14. Where the applicant has submitted a preliminary landscape plan
and where staff has reviewed such plan, the landscaping shall be consistent with the
preliminary plan with modifications as proposed by staff. If the stormwater detention
facility cannot be incorporated into the approved open space and still meet the standards
ofMCC 12-13-14, then the applicant shall relocate the facility. This may require losing a
developable lot or developable area. It is the responsibility of the developer to comply
with ACHD, City of Meridian and all other regulatory requirements at the time of final
construction
Temporary construction fencing shall be installed prior to issuance of building permits
around the perimeter of the subdivision where permanent fencing is not proposed. Solid
fencing greater than 3-ft. in height is prohibited on the west side of the Nine Mile Creek
multi-use pathway. Solid fencing greater than 3-ft. in height is prohibited on the north
FP-O5-047 Exhibit "A" McNelis Sub FP.doc
22.
Mayor & City Council
Hearing Date: August 9, 2005
Page 4
side of the Five Mile Creek multi-use pathway. Fencing constructed on either side of a
multi-use pathway should be a minimum of 5-ft. from the edge of pavement. All fencing
shall be constructed in accordance with MCC 12-4-10.
17.
Provide the City with a copy of a recorded cross access agreement for the office and
commercial lots in Block 1, to use the driveways to Ustick Road and Ten Mile Road as
access to the public street system prior to signature on the final plan by the City Engineer.
18.
The applicant shall confirm that the pressure sewer easement shown on the face of the
plat conforms to the agreed upon easement that was signed on 7/27/05.
19.
A detailed conditional use permit will be required for any uses in the proposed C-G zone
per the development agreement. Through this process, conditions can be placed on the
facilities to minimize impacts on residential properties.
20.
Revise the landscape plan dated 6/17/05 as follows:
a.
Reflect the requirement in conditions #7 and #12 above.
21.
Add or revise the notes on the face of the plat dated 6/28/05 as follows:
(4.) If the pressurized irrigation system is to be maintained by the McNelis Business
Owners, revise note to state the true owner.
(7.) Include in the note that the McNelis Business Owner's Association is also responsible
for maintenance of all landscaping adjacent to the pathways.
(*.)Add a note advising "Bottom elevation of structural footings shall be set a minimum
of 12 inches above the highest established normal ground water elevations."
Staffs failure to cite specific ordinance provisions, or terms of the approved annexation,
or preliminary plat does not relieve the applicant of responsibility for compliance.
GENERAL REO UIRE¡vIENTS
1.
2.
3.
Any tree over 4" in caliper that is removed from the property shall be replaced by
installing additional trees, being the equivalent number of caliper inches of trees that
were removed. Required landscaping trees will not be considered as replacement trees for
those trees that have to be removed.
A letter of credit or cash surety in the amount of 110% will be required for all fencing,
landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
All development improvements, including sewer, fencing, micro-paths, pressurized
irrigation and landscaping shall be installed and approved prior to obtaining certificates
of occupancy.
FP-O5-047
Exhibit "A"
McNelis Sub FP.doc
9.
10.
11.
12.
13.
Mayor & City Council
Hearing Date: August 9, 2005
Page 5
4.
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.
5.
Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells
may be used for non-domestic purposes such as landscape irrigation.
6.
One hundred-watt, high-pressure sodium streetlights will be required at locations
designated by the Public Works Department. All streetlights shall be installed at
subdivider's expense. Typical locations are at street intersections andlor fire hydrants.
Final design locations and quantity are determined after power designs are completed by
Idaho Power Company. The street light contractor shall obtain design and permit from
the Public Works Department prior commencing installations.
7.
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.
8.
Applicant's engineer will be required to submit a signed, stamped statement certifying
that all street finish centerline elevations are set a minimum of three feet above the
highest established normal groundwater elevation.
Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Army Corps of Engineers.
Applicant shall be responsible for application and compliance with and NPDES
Permitting that may be required by the Environmental Protection Agency.
It shall be the responsibility of the applicant to ensure that all development features
comply with the Americans with Disabilities Act and the Fair Housing Act.
All grading ofthe site shall be performed in conformance with MCC 11-12-3H.
Coordinate fire hydrant placement with the City of Meridian Public Works Department.
STAFF RECOMMENDATION
Staff recommends approval of the final plat with the above stated comments and conditions.
FP-O5-047
Exhibit "A"
McNelis Sub FP.doc
ES~irf!f/!f:
150 East Aikens Street, Suite B
Eagle, ID 83616
Phone: (208) 938~980
Fax: (208) 938~941
E-mail: es-beckym@qwest.net
August 8, 2005
Mayor and City Council
City of Meridian
33 East Idaho Avenue
Meridian., ID 83642
Re:
McNelis Subdivision Final Plat
File No. FP-O5-047
Dear Mayor and Council:
We have reviewed the staff comments for the above-referenced project and have the following
responses :
SITE SPECIFIC CONDITIONS OF APPROVAL (FINAL PLA TI
1.
The applicant will comply.
2.
The pressurized urban irrigation system will be owned by Nampa & Meridian Irrigation
District. The applicant will enter into a construction contract for the pressurized
irrigation system with Nampa & Meridian Irrigation District.
3. The applicant will comply.
4. The applicant will comply.
5. The applicant will comply.
6. The applicant will comply.
7. The applicant will comply.
8. The applicant will comply.
9. The applicant will comply.
C,\Documents and Set1ings\cc)lcm\Local SdÛngs\TclII IQf1Ir)' ¡ nt""'~' Files\OLK ¡ A6\Rc.:sR,¡sponse.doc
Exhibit "B"
20.
21.
22.
Mayor and City Council
August 8, 2005
Page 2
10.
The applicant will comply.
11.
The applicant will comply.
12.
The applicant will adjust the easement lines as requested. We respectfully request that
this 'landscape buffer be allowed to be constructed as part of tbe building permit for
the iodividuallot, with completion prior to obtaining a certificate of occupancy.
13.
The applicant will graphically depict the landscape buffers; however, there is a City of
Meridian water easement on the west side of Lot 3, Block 1, so landscaping will be
restricted. We respectfully request that these landscape buffers be allowed to be
constructed as part of the building permits for the individual lots, with completion
prior to obtaining a certifICate of occupancy, and that we be allowed to work with
staff to provide acceptable landscaping as part of the future conditional use permits
for these lots.
14.
The applicant will comply.
15.
The applicant will comply.
16.
The applicant will comply.
17.
The applicant will comply.
18.
The applicant will comply.
19.
The applicant will comply.
The applicant will comply.
The applicant will revise the notes as requested.
Noted.
GENERAL REO UIREMENTS
1. The applicant will comply.
2. The applicant will comply.
3. The applicant wi)) comply.
4. The applicant wi)) comply.
5. The applicant will comply.
C;IDoCillnenls and SCltlÍngs\colemlLoçaI Settings\Temporary Internet Files\OLKt A6\RecsRC5ponse.doc
Exhihil "B"
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Mayor and City Council
August 8, 2005
Page 3
6. The applicant will comply.
7. The applicant will comply.
8. The applicant will comply.
9. The applicant will comply.
10. The applicant will comply.
11. The applicant will comply.
12. The applicant will comply.
13. The applicant will comply.
Please feel fi-ee to call me if you have additional comments or questions.
Sincerely,
Engineering Solutions, LLP
Becky McKay
Partner
BM:ss
cc: Mr. Leon Blaser
Mr. Ed McNelis
C:\DocnIßm\s and SdÚngs\wlem\Local Settingsï[empOl1lry Internet Filcs\OLKIA6\RcC$Rcsponsc.doc
Exhibit "B"
~ & ~ '7~ 7)i4tUct
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651.4395
FAX # 208.4630092
27 July 2005
Phones: Area Code 208
OFFICE: Nampo 466-7861
SHOP: Nompa 466-0663
William G. Berg Jr., City Clerk
City of Meridian
33 East Idaho Ave.
Meridian, ID 83642
. .., ."" .;. .; . " :
:'..,1: .' ;';."'.
RE:
FP 05-047/McNelis Subdivision
Dear Will:
Nampa & Meridian Irrigation District requires that a Land Use Change Application be filed, for
review, prior tofmal platting, Please contact Donna Moore at 466-7861 for further information.
AlJ laterals and waste ways must be protected. The District's 5-Mile and 9-Mile Drains course a1üng
the north and left boundaries ofthis proposed project. These facilities easements must be protected
and any encroachment without a signed License Agreement and approved plan, before any
construction is started, is unacceptable.
All municipal surface drainage must be retained on site. If any municipal surface drainage leaves the
site. the Nampa & Meridian Irrigation District must review drainage plans. The developer must
comply with Idaho Code 31.3805. It is recommended that irrigation water be made available to all
developments within the Nampa & Meridian Irrigation District.
Sincerely,
13~r/~
Bill Henson
Asst. Water Superintendent
Nampa & Meridian Irrigation District
BH/dbg
c:
Becky McKay; Engineering Solutions
Crew Foreman
File - Office/Shop
Exhibit "C"
APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS - 23,000
BOISE PROJECT RIGHTS - 40,000
~ & ~ 1~O~2da
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651.4395
FAX # 208-463-0092
29 July 2005
phone.: Arecl Code 208
OFFICE: Nampo 466-7861
SHOP; Nampa 466.0663
Kathy Stroschein
Becky McKay
Engineering Solutions, LLP
150 E. Aikens Street. Suite B
Eagle, 10 83616
RE:
Land Use Change Application - McNelis Subdivision
Please note the District now reQuires three (3) sets of plans
Dear Ms. Stroschein and Ms. McKay:
Enclosed please find a Land Use Change Application for your use to file with the Irrigation
District for its review on the above-referenced development. If this development is under a
"rush" to be finalized, I would recommend that you submit a cashier's check, money order or
cash as payment of the fees in order to speed the process up. If you submit a company or
personal check, it must clear the bank before processing the application.
Should this development be planning a pressure urban irrigation system that will be owned,
operated and maintained by the Irrigation District, I strongly urge you to coordinate with John P.
Anderson, Water Superintendent for the Irrigation District, concerning the installation of the
pressure system. Enclosed is a questionnaire that you must fill out and return in order to initiate
the process of contractual agreements between the owner or developer and the Irrigation
District for the ownership, operation and maintenance of the pressure urban irrigation system.
If you have any questions concerning this matter, please feel free to call on me at the District's
office, or John P. Anderson, at the District's shop.
Sincerely,
D~ìJ.
Ì¡ ) ,~
Donna N. Moore. Asst. Secretary/Treasurer
NAMPA & MERIDIAN IRRIGATION DISTRICT
DNM/smc
cc: File
Water Superintendent
Will Berg, City Clerk, Meridian City
Falcon Creek. LLC, 621 N. Robinson Road. Nampa. ID 83687
enc.
Exhibit "C"
APPROXIMATE IRRIGABLE ACRES
RIVER flOW RIGHTS - 23,000
BOISE PROJECT RIGHTS. 40,000