Loading...
HomeMy WebLinkAboutNahas, R.T. MI 02-010 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR APPROVAL OF A PRIVATE ROAD BY R. T. NAHAS, LOCATED AT THE SOUTHEAST CORNER OF SOUTH PROGRESS A VENUE AND SOUTH INDUSTRY WAY, MERIDIAN, IDAHO BY: R. T. NAHAS, APPLICANT CIC 11/12//02 ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. MI-02-0l0 REQUEST FOR APPROVAL OF A PRIVATE ROAD The above entitled matter coming on regularly for public hearing before the City Council on November 12, 2002, at 7:00 o'clock p.m. at the Meridian City Hall located at 33 East Idaho, and Brad Hawkins-Clark, Interim Director ofthe Planning and Zoning Department, and Larry Reed, appeared and testified, and the City Council having received a report from Brad Hawkins- Clark, Interim Director of 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 his application for a request for approval of a private road to serve three existing commercial lots, and which application is herein received and adjudged by the City Council pursuant to Meridian City Code ~ 8-2-5, and being fully advised in the premises does hereby make the following Findings of Fact and Conclusions of Law and Order of Decision, as follows: REQUEST FOR APPROVAL OF APRlVATEROAD FOR R. T. NAHAS FOR MI-02-O 10 - 1 FINDINGS OF FACT 1. The property is generally located at the southeast corner of South Progress Avenue and South Industry Way, Meridian, Idaho. 2. The applicant of the subject property is R. T. Nahas Company ofIdaho whose address is 102 South 17th Street, Suite 300, Boise, ill. 83702. 3. The owner of the subject property is R. T. Nahas Company ofIdaho whose address is 102 South 17th Street, Suite 300, Boise, ill. 83702. 4. The location of the subject property is presently located in a CoG General Retail and Service Commercial zone, and which subject property is located on the east side ofS. Industry Way, east of the Home Depot and south of the United Heritage building, 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 applicant, R. T. Nahas, has requested approval of a new, private street to serve three (3) existing commercial lots immediately north ofI-84, in Block 4 of Central Valley Corporate Park off of S. Industry Way. The proposed street name is E. Sonata Lane. Lee Reed Jewelers is the use on Lot 14, Block 4, the easternmost lot. A new proposed furniture store would be the use on Lot 13, the middle lot. Lot 12, the westernmost lot, is currently vacant (but slated for a restaurant on the Site Plan included with the application.) 7. This miscellaneous application is only for approval of a private street as the three (3) lots currently take access off ofIndustry Way via a private driveway that is constructed across the south end of the lots. The driveway (and future street) have off-street parking on both sides. REQUEST FOR APPROVAL OF A PRlV ATE ROAD FORR. T. NAHAS FORMI-02-01O - 2 The Applicant is requesting a formal private street so, in part, a separate street name and address may be used by the lots fronting on Lot 11 - rather than addressing off "Industry Way". 8. 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 private road it will not impose expense upon the public if the following conditions of approval are imposed: Adopt the Recommendations andlor Considerations of the Planning and Zoning staff as foUows: Recommendations: 1. A minimum 25-foot wide permanent vehicular cross-access easement shall be recorded across the south end of Lots 12-14, Block 4 of Central Valley Corporate Park No. 6 in the location of the proposed private street. A copy of said easement shall be submitted to the Planning & Zoning Department and to the Public Works Department prior to signing the new street. 2. The private street shall be constructed to ACHD design standards or the design shall receive approval from the City of Meridian Public Works Department 3. The Applicant shall ensure the private street is accessible by emergency vehicles at all times, to the satisfaction of the Meridian Fire Department. 4. Prior to erecting a street sign, the proposed name of the private street, E. Sonata 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. Adopt the Recommendations, Notations andlor Considerations of the ACBD as follows: 1. The Ada County Highway District submitted a no review letter and has no site improvement requirements attributable to the application. REQUEST FOR APPROVAL OF A PRIVATE ROAD FORR. T. NAHAS FORMI-02-010 - 3 Adopt the Recommendations andlor Considerations ofthe Nampa & Meridian Irrigation District as foUows: 1. The District's Eightmile Lateral courses along the north side of the proposed project. The Eightmile Lateral easement must be protected; any encroachments without approval plans and a signed License Agreement is unacceptable. Adopt the Recommendations, notations andlor Considerations of the Meridian Water Department as follows: 1. As long as the private road does not affect the department's facilities, the Water Department does not object to the project. CONCLUSIONS OF LAW 1. Approval of this request for a private street is consistent with the City's ordinances and planning objectives. 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 private road by R. T. Nahas, for the property located at the southeast corner of South Progress Avenue and South Industry Way, Meridian, Idaho; and that the applicant shall be required to comply with all the above conditions and requirements of staff and governmental entities. '\ _ By acti~he City Council at its regular meeting held on the $. ~ day of 8:!!:.C(?f'YW , 2002. ROLL CALL COUNCILWOMAN deWEERD VOTED~ VOTED~<L- COUNCILMAN BIRD REQUEST FOR APPROVAL OF A PRlV ATE ROAD FORR. T. NAHAS FORMI-02-010 - 4 COUNCILMAN NARY VOTED~ VOTED~ COUNCILWOMAN McCANDLESS MAYORROBERTD. CORRIE (TIE BREAKER) ~ , ~n<.e~.-,oItV Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney \\""""""'11' . ,,\,\~ Of MEFi"l(/'/"/ ~-":-, ~ .,,"/ ,>' c} i\P"'" ",,'~ 2 _,c,o -. ~Il:<-_ ~ ,~ X) _ Dated: /2 - 3-tlt.--f ~ VOTED - ByJl~~~9 City Clerk Z:\Work\M\Meridian\Meridian IS36llMIR.T. Nahas MI-02-010\FlClsOrdMI-02-010.doc REQUEST FOR APPROVAL OF A PRlV ATE ROAD FORR. T. NAHAS FOR MI-02-01O - 5