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HomeMy WebLinkAboutMemo from Planning Project: Harks Canyon Creek ---------- - -- ------------ RE-eE-IVE-I}-- OCT 1 0 2006 City of Meridian City Clerk Office Location: south side of Franklin, west of Linder Applications: miscellaneous application for a DA modification Highlights of Proposed Development: The applicant is proposing to amend Site Specific Condition #6.1.5 on the fifth page of the unsie-ned Development Agreement: The Owner/Developer shall maintain Lot 19, Block 3 in a state free of accumulation of junk, noxious weeds, and shall fence the perimeter of Lot 5, Block 3 to limit public access to the waterway. The applicant would like to construct a temporary construction fence along Lot 5 Block 3, rather than provide a pennanent fence along Lot 5 Block 3 which would limit public access to the Ten Mile Creek waterway amenity. Other: The issue of fencing on this lot was not raised at the public hearings. Subsequent to approval, the applicant discovered the condition in the Development Agreement regarding the pennanent fencing of Lot 5 Block 3 and asked for a temporary construction fence instead. The- UDC does not require fencing along drains if it can be demonstrated by the applicant that the drain will be improved or developed as a water amenity (UDC-11-3A-6B-2). Further, we have a letter from Bill Henson at Nampa-Meridian Irrigation that states they are not requiring fencing adjacent to the Ten Mile Creek. Staff prepared their report to reflect the Master Pathway Agreement between the Nampa & Meridian Irrigation District and the City of Meridian which conditions the City to take appropriate action to protect the public who use the pathways and to prevent litter, trash or other material to gather or be deposited along the pathway. Staff Recommendation: approve modification. Outstanding Issue(s) for City Council: None. Notes: If Council decides to approve this request. the motion should direct the Le(:!:al Department to draft an amendment to the Development Agreement as stated in the staff report and/or modified by Council. - Requested Changes to the Agenda: None. RECEIVED oel '0 2006 City of Meridian City Clerk Office Final Plats: None.