HomeMy WebLinkAboutMarcon MI 02-007
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 09/03/02
IN THE MATTER OF THE )
REQUEST FOR REQUEST FOR )
APPROVAL OF A 24-FOOT-WIDE )
PRIVATE ROAD FOR THE )
LANDLOCKED MARCON PARCEL )
BY ELAINE MARTIN, LOCATED )
AT THE NORTHWEST CORNER )
OF NORTH LINDER ROAD AND )
WEST FRANKLIN ROAD, )
MERIDIAN, IDAHO )
)
BY: ELAINE MARTIN, )
)
)
APPLICANT )
)
CASE NO. MI-02-007
REQUEST FOR APPROVAL OF A
24-FOOT-WIDE PRIVATE ROAD
FOR THE LANDLOCKED
MARCON PARCEL
The above entitled matter coming on regularly for public hearing before the City Council
on September 3,2002, at 7:00 o'clock p.m. at the Meridian City Hall located at 33 East Idaho,
and Brad Hawkins-Clark of the Planning and Zoning Department, Elaine Martin, Lisa
Rasmussen, Justin Martin, Brad Miller, and Kenny Bowers-Fire Chief, appeared and testified,
and the City Council having received a report from Brad Hawkins-Clark, Planner III for the
Planning and Zoning Department, and the City Council having received testimony as part of the
record of this matter, and the applicant having submitted her application for a request for
approval of a 24-foot-wide private road to the landlocked Marcon parcel, and which application
is herein received and adjudged by the City Council pursuant to Meridian City Code S 8-2-5, and
REQUEST FOR APPROVAL OF A 24-FOOT - WIDE PRIVATE ROAD
FOR THE LANDLOCKED MARCON PARCEL BY ELAfNE MARTIN FOR MI-02-007 - 1
being fully advised in the premises does hereby make the following Findings of Fact and
Conclusions of Law and Order of Decision, as follows:
,
FINDINGS OF FACT
I. The property is generally located at Locust Grove and Franklin Roads, Meridian,
Idaho.
2. The applicant of the subject property is Elaine Martin whose address is 6236 E.
Hunt Ave., Nampa, Idaho 83687.
3. The owner of the subject property is Haz-Tech Drilling, Inc. whose address is I
Wildwood, Garden Valley, Idaho 83622.
4. The location of the subject property is presently located in an I-L Light Industrial
zone, and which subject property is located on the west side ofN. Linder Road, approximately Y.
mile north ofW. Franklin Road,just south of the railroad, within Section II, Township 3 North,
Range I West, Meridian, Idaho.
5. The legal description of the property is on file in the City Clerk's office located at
33 East Idaho Street, Meridian, Idaho.
6. The subject property is surrounded to the north by two industrial development
parcels, one with Haz-Tech and the other vacant, zoned I-L. The UPRR rail corridor lies north
of these lots; to the south by one 2.6-acre parcel, zoned I-L, containing new Storage Cubbies
project. A 10-foot landscape strip is adjacent to the south side of the proposed private street.
Cafarelli Subdivision, including Interstate Battery, lies south of the Eight Mile Lateral on the
south side of the Martin property; to the east is a childcare facility, zoned L-O, and single family
residences, zoned RI (Ada Co.); and to the west is the 13.8-acre Martin parcel which lies at the
REQUEST FOR APPROVAL OF A 24-FOOT -WIDE PRIVATE ROAD
FOR THE LANDLOCKED MARCON PARCEL BY ELAINE MARTIN FOR MI -02-007 - 2
west terminus of the private street. A 42-acre vacant parcel owned by Mr. Ronald VanAuker lies
west of the Martin parcel.
7. The applicant, Elaine Martin, has requested approval of a new, private street to
serve a 13.8-acre vacant parcel off Linder Road. The parcel is currently landlocked and,
according to interpretation of the Zoning Ordinance, must secure legal access from a public
street in order to become a legal parcel. An approved private street connecting to Linder Road is
considered a form oflegal access. The proposed street is 24-feet-wide and lies within a 30-foot-
wide easement on the adjoining property. The applicant intends to use the land as a contractor's
yard for storage of concrete barriers.
8. This miscellaneous application is only for approval of a private street and
technically has no bearing on the use of the 13.8-acre Martin parcel to the west. The applicant
included information on this parcel to inform of the need for the street. Since this parcel is
annexed and deemed a buildable lot once access is provided, the applicant may submit directly for
administrative approval of a Certificate of Zoning Compliance if the private street is approved.
9. Giving due consideration to the comment received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction, public facilities
and services required by the proposed application for approval of a 24-foot-wide private road for
the landlocked Marcon parcel will not impose expense upon the public if the following
conditions of approval are imposed:
Adopt the Recommendations and/or Considerations of the Planning and Zoning
staff as follows:
Recommendations:
I. The private street shall be constructed to ACHD design standards.
REQUEST FOR APPROVAL OF A 24-FOOT -WIDE PRIVATE ROAD
FOR THE LANDLOCKED MARCON PARCEL BY ELAINE MARTIN FOR MI-02-007
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,
2. A blanket easement shall be provided over the 24-foot-wide street section for City
of Meridian sanitary sewer and water utilities. The utilities within the private
street easement shall be designed to Public Works Department standards.
3. Before any expanded use, (with the exception of an accessory office building or
other light industrial use), the applicant shall, prior to any other development,
secure a public street access to said parcel.
4. The private street shall be clearly signed with "No Parking" signs to prohibit any
parking within the 24-foot-wide street section.
5. A minimum six-foot-wide landscape strip shall be provided along the north side
of the private street, to be improved with at least nine (9) trees and some
vegetative groundcover the full length.
6. The applicant shall ensure the proposed 24-foot-wide gate shown at the west
terminus of the private street (see Driveway Plan, Sheet ST-I, 4-18-02) is
accessible by emergency vehicles, to the satisfaction of the Meridian Fire
Department.
7. Prior to erecting a street sign, the proposed name of the private street, Marcon
Lane, must be approved by the Ada County Street Naming Committee. Applicant
shall ensure the Community Planning Association has received a copy of the
proposed name and submit a copy of the approval letter to the Public Works
Department prior to opening the street.
Consideration:
8. That approval ofthe private street does not constitute approval of access by
Parcel No. SI211449010 to said street.
Adopt the Recommendations and/or Comments of the Ada County Highway
District as follows:
Site Specific Conditions of Approval:
1. In September 23, 1998, ACHD approved the driveway located at the south
property line of the site on Linder Road, for application MSPR-14-98. The
private road location is approved as proposed.
2. Comply with all Standard Conditions of Approval.
REQUEST FOR APPROVAL OF A 24-FOOT- WIDE PRIVATE ROAD
FOR THE LANDLOCKED MARCON PARCEL BY ELAINE MARTIN FOR MI-02-007
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2. A blanket easement shall be provided over the 24-foot-wide street section for City
of Meridian sanitary sewer and water utilities. The utilities within the private
street easement shall be designed to Public Works Department standards.
3. Any expanded use, with the exception ofan accessory office building or other
light industrial use, the applicant shall, prior to any other development, secure a
public street access to said parcel.
"
4. The private street shall be clearly signed with "No Parking" signs to prohibit any
parking within the 24-foot-wide street section.
5. A minimum six-foot-wide landscape strip shall be provided along the north side
of the private street, to be improved with at least nine (9) trees and some
vegetative groundcover the full length.
6. The applicant shall ensure the proposed 24-foot-wide gate shown at the west
terminus of the private street (see Driveway Plan, Sheet ST-I, 4-18-02) is
accessible by emergency vehicles, to the satisfaction of the Meridian Fire
Department.
7. Prior to erecting a street sign, the proposed name of the private street, Marcon
Lane, must be approved by the Ada County Street Naming Committee. Applicant
shall ensure the Community Planning Association has received a copy of the
proposed name and submit a copy of the approval letter to the Public Works
Department prior to opening the street.
Consideration:
8. That approval of the private street does not constitute approval of access by
Parcel No. S 12114490 I 0 to said street.
Adopt the Recommendations and/or Comments of the Ada County Highway
District as follows:
Site Specific Conditions of Approval:
1. In September 23, 1998, ACHD approved the driveway located at the south
property line ofthe site on Linder Road, for application MSPR-14-98. The
private road location is approved as proposed.
2. Comply with all Standard Conditions of Approval.
REQUEST FOR APPROVAL OF A 24-FOOT -WIDE PRIVATE ROAD
FOR THE LANDLOCKED MARCON PARCEL. BY ELAINE MARTIN FOR MI-02-007
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Standard Conditions of Approval:
1. Any existing irrigation facilities shall be relocated outside ofthe right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction ofthe proposed development.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements, Construction
Services procedures and all applicable ACHD Ordinances unless specifically
waived herein. An engineer registered in the State ofIdaho shall prepare and certify
all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required design
changes.
7. Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8. Payment of applicable road impact fees are required prior to building construction
in accordance with. Ordinance #195, also known as Ada County Highway District
Road Impact Fee Ordinance.
9. It is the responsibility of the 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 DIGLINE (1-800-342-
1585) at least two full business days prior to breaking ground within ACHD right-
of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the
event any ACHD conduits (spare or filled) 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 applicant's authorized
representative and an authorized representative 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 District.
REQUEST FOR APPROVAL OF A 24-FOOT-WIDE PRIVATE ROAD
FOR THE LANDLOCKED MARCON PARCEL BY ELAINE MARTIN FOR MI-02-007
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11. Any change by the applicant in the planned use of the property which is the subject
ofthis application, shall require the applicant to comply with all 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 waiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time
the change in use is sought.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as
follows:
1. The District requires a Land Use Change/Site application be filed.
2. All laterals and waste ways must be protected and all municipal surface drainage
must be retained on site. If any surface drainage leaves the site, the District must
review drainage plans. The developer must comply with Idaho Code 931-3805.
Adopt the Recommendations of the Meridian Fire Department as follows:
1. Provide a fire-flow as required by the 1997 Uniform Fire Code Appendix III-A.
Provide a fire hydrant on the west end of the ingress/egress road. In addition,
show all proximity within 500' ofthe project on the resubmitted plat.
2. All roads shall have a 28' inside radius and 48' outside radius.
3. Final approval of fire hydrant locations (if any) shall be by the Fire Department.
4. The roadway shall be posted "No Parking Fire Lane".
5. Any future development of this parcel shall require two separate means of
ingress/egress.
CONCLUSIONS OF LAW
1. Approval of this request for a private street is based upon the information
provided by the applicant on the private street, as presently the parcel is currently landlocked.
REQUEST FOR APPROVAL OF A 24-FOOT-WIDE PRIVATE ROAD
FOR THE LANDLOCKED MARCON PARCEL BY ELAINE MARTIN FOR MI-02-007
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DECISION AND ORDER
Pursuant to the City Council's authority as provided in Meridian City Code 9 12-
3-5 and based upon the above and foregoing Findings of Fact which are herein adopted:
IT IS HEREBY ORDERED AND THIS DOES ORDER
1. That the applicant is granted approval for a 24-foot-wide private road for the
landlocked Marcon parcel by Elaine Martin, for the property located at the
northwest comer of North Linder Road and West Franklin Road, Meridian, Idaho;
and that the applicant shall be required to comply with all the above conditions
and requirements of staff and governmental entities.
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By jlction of the City Council at its regular meeting held on the day of
de-f'fOwbt-V,2002.
ROLLCALL
COUNCILMAN BIRD
VOTED ~
VOTED ~
COUNCILWOMAN deWEERD
COUNCILWOMAN McCANDLESS
VOTED flet<..-
COUNCILMAN NARY
VOTED$
MAYOR ROBERT D. CORRIE
(TIE BREAKER)
VOTED
--
REQUEST FOR APPROVAL OF A 24-FOOT-WIDE PRIVATE ROAD
FOR THE LANDLOCKED MARCON PARCEL BY ELAINE MARTIN FOR MI-02-007 - 7
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department
and City Attorney.
BY~ff~~
jty Clerk '
Dated:
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Z:\Work\M\Meridian\Meridian 15360M\Marcon MI02-007 Private Rd\FfClsOrdMl-02-007.doc
REQUEST FOR APPROVAL OF A 24-FOOT - WIDE PRIVATE ROAD
FOR THE LANDLOCKED MARCON PARCEL BY ELAINE MARTIN FOR MI-02-007
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