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Home My WebLink AboutSilhouette Sub MI 03-009I~~C~IV~I~ oEC o 2 2003 f~;i~ty OPMeridian ^' °ity Clerk Office BEFORE THE CITY COUNCIL, OF THE CITY OF MERIDIAN C/C 11/25/03 IN THE MATTER OF THE REQUEST FOR REQUEST FOR MODIFICATION OF A CONDTTION TO LEAVE THE ONWEILER LATERAL OPEN AND CONSTRUCT A 10 FOOT WIDE PAVED MULTI-USE PATHWAYAND PLACE A 5 FOOT CHAIN LINK FENCE ALONG THE SOUTH BANK OF THE CANAL FOR SILHOUETTE SUBDIVISION, LOCATED EAST OF NORTH MERIDIAN ROAD, SOUTH OF EAST USTICK ROAD BY: SILHOUETTE, LLC, APPLICANT CASE NO. MI-03-009 FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR MODIFICATION OF A TO LEAVE THE ONWEILER LATERAL OPEN AND CONSTRUCT A 10 FOOT WIDE PAVED MULTI-USE PATHWAY AND PLACE A 5 FOOT CHAIN LINK FENCE ALONG THE SOUTH BANK OF THE CANAL FOR SILHOUETTE SUBDIVISION The above entitled matter coming on regulazly for public hearing before the City Council on October 14, 2003 and continued until November 25, 2003, at 7:00 o'clock p.m. at the Meridian City Hall located at 33 East Idaho, and Anna Powell Planning Director for the Planning and Zoning Department, and Ron Sargent, appeazed and testified, and the City Council having received a report from Steve Siddoway Associate Planner for the Planning and Zoning FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR MODIFICATION OF A CONDITION TO LEAVE THE ONWEII.ER LATERAL OPEN AND CONSTRUCT A 10-FOOT WIDE PAVID MULTI-USE PATHWAY AND PLACE A 5-FOOT CHAIN LINK FENCE ALONG Tf-IE SOUTH BANK OF CANAL FOR SII,HOUETTE SUBDIVISION -FOR MI-03-009 PAGE 1 OF 7 Department, and Bruce Freckleton, Engineering Technician III, 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 modification of a condition to leave the Onweiler Lateral open and construct a 10 foot wide paved multi-use pathway and place a 5 foot chain link fence along the south bank of the canal for Silhouette Subdivision, 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: FINDINGS OF FACT 1. The property is generally located east of North Meridian Road, south of East Ustick Road, Meridian, Idaho. 2. The applicant of the subject property is Silhouette, LLC whose address is 4915 W. Camas St., Boise, Idaho 83705. 3. The owner of the subject property is Silhouette, LLC whose address is 4915 W. Camas St., Boise, Idaho 83705. 4. The location of the subject property is presently located in an R-8 zone, and is located on the east side of Meridian Road, appro~rimately'/4 of a mile south of Ustick Road. 5. The legal description of the property is on file in the City Clerk's office which is located at 33 East Idaho Street, Meridian, Idaho. 6. The subject property is surrounded on the north by rural residential and pasture FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR MODIFICATION OF A CONDTITON TO LEAVE THE ONWEILh'R LATERAL OPEN AND CONSTRUCT A 10-FOOT WIDE PAVED MULTI-USE PATHWAY AND PLACE A 5-FOOT CHAIN LINK FENCE ALONG THE SOUTH BANK OF CANAL FOR SILHOUETTE SUBDIVISION -FOR MI-03-009 PAGE 2 OF7 zoned RUT (Ada County), to the south and east by Highgate Subdivision recently approved and zoned R-8, and to the west by Salisbury Subdivision zoned R-4. 7. The applicant, Silhouette, LLC, has requested modification of a condition to leave the Onweiler Lateral open and construct a 10 foot wide paved multi-use pathway and place a 5 foot chain link fence along the south bank of the canal for Silhouette Subdivision. 8. The annexation, preliminary plat, and conditional use permit for Silhouette Subdivision were approved on February 19, 2002. The final plat was approved on October 22, 2002 and construction is currently underway. General requirement #1 of the final plat states that "all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent to the area being subdivided shall be tiled per City Ordinance 12-4-13." The same ordinance referenced above states that "the City may waive the requirement for covering such ditch, lateral or canal, if it finds that the public purpose requiring such will not be served in the in the individual case" (MCC 12-4-13.A.2). The applicant proposes to have such a case and is petitioning the Council to waive the requirement to file the Onweiler Lateral. In return for the waiver from the ditch tiling requirement, the applicant is proposing to widen the current 5-foot wide path requirement to be a 10-foot wide multi-use pathway and grant a public access easemern across it. The proposed pathway alignment has been identified by the Parks Dept. as a potential alternate route for the pathway currently depicted along the South Slough. The applicant is also proposing to landscape the lot and use the open ditch as a water amenity for the pathway. FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR MODIFICATION OF A CONDITION TO LAVE THE ONWEILER LATERAL OPEN AND CONSTRUCT A 10-FOOT WIDE PAVED MULTI-USE PATHWAY AND PLACE A 5-FOOT CHAIN LINK FENCE ALONG THE SOUTH BANK OF CANAL FOR SILHOUETTE SUBDIVISION - FOR MI-03-009 PAGE 3 OF7 There is no objection to the idea of the Onweiler as a water amenity for amulti-use pathway with public access. Last month, the Nampa & Meridian Irrigation District (NMID) expressed their disapproval of having a pathway adjacent to an open imgation lateral. In response to NMID's objection to the proposed ditch tiling waiver and pathway, the applicant requested to have their hearing continued to 11/25 to give them a chance to meet with NMID to discuss their options. The applicant submitted a detailed site/landscape plan as requested by staff for review and comment. Staff has verified on 11/19 in a phone conversation with Bill Henson of NMID that they have given verbal approval of the site plan as submitted by the applicant, provided that a 6- foot chain link fence is placed between the pathway and the lateral. This miscellaneous application is only to modify the condition to leave the Onweiler Lateral open and construct a 10 foot wide paved multi-use pathway and place a 5 foot chain link fence along the south bank of the canal for Silhouette Subdivision. 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 to modify conditions, it will not impose expense upon the public if the following conditions of approval are imposed: a. Adopt the Recommendations of the Planning and Zoning Department as follows: 1. The applicant shall construct a 10 foot wide multi-use pathway, per the Parks Department construction standards, in place of the previously required 5 foot path. FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR MODIFICATION OF A CONDTTION TO LEAVE TILE ONWER.FR LATERAL OPEN AND CONSTRUCT A 10-FOOT WIDE PAVED MULTI-USE PATI-IWAY AND PLACE A 5-FOOT CHAIN LINK FENCE ALONG THE SOUTH BANK OF CANAL FOR SILHOUETTE SUBDIVISION - FOR MI•03-009 PAGE 4 OF7 2. The two trees and park bench shown on the north side of the pathway within the Qnweiler Lateral easement shall be moved to the south side, outside of the easement unless approved by Nampa & Meridian Imgation District (NN1ID). The 10 Columnar Hornbeam trees shown along the pathway are required unless prohibited by NMID; if prohibited they shall be replaced with shrubs. All other landscaping is required as depicted on the submitted plan. 3. A public easement shall be recorded for the pathway lot prior to occupancy of ar~y structures in the subdivision. Submit a copy of the recorded easement to the P18nning and Zoning and Parks Departments. b. Adopt the Recommendations of the Meridian Fire Department as follows: 1. All access roads within the project shall have clear driving surface with a minimum width of 10' to be able to access grass fires. CONCLUSIONS OF LAR' Approval of this request for modification of a condition to leave the Onweiler Lateral open and construct a 10 foot wide paved multi-use pathway and place a 6 foot chain link fence (per NMID) along the south bank of the canal for Silhouette Subdivision, located east of North Meridian Road, south of East Ustick Road, Meridian, Idaho, is based upon the information provided by the applicant, staff comments, and testimony at the public hearing. The applicant is required to comply with the conditions as stated in Findings of Fact No. 9. 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: FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR MODIFICATION OF A CONDITION TO LEAVE THE ONWEII.ER LATERAL OPEN AND CONSTRUCT A 10-FOOT WIDE PAVED MULTI-USE PATHWAY AND PLACE A 5-FOOT CHAIN LINK FENCE ALONG THE SOUTH BANK OF CANAL FOR SILHOUETTE SUBDIVISION - FOR MI-D3-009 PAGE 5 OF7 IT IS HEREBY ORDERED AND THIS DOE5 ORDER That the applicant is granted approval to their request for modification of a condition to Ieave the Onweiler Lateral open and construct a 10 foot wide paved multi-use pathway and place a 6 foot chain link fence along the south bank of the canal for Silhouette Subdivision, located east of North Meridian Road, south of East Ustick Road, Meridian, Idaho; and that the applicant shall be required to comply with all the above conditions and requirements in Findings of Fact No. 9 of staff and/or governmental entities. By action of the City Council at its regular meeting held on the ~~ day of ,(~-fig, 2003. ROLL CALL COUNCILMAN BIRD VOTED~~- COUNCIIWOMAN deWEERD VOTED~Ct.- COUNCILWOMAN McCANDLESS COUNCILMAN NARY MAYOR ROBERT D. CORRIE (TIE BREAKER) T FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR MODIFICATION OF A CONDITION TO LEAVE THE ONWEILER LATERAL OPEN AND CONSTRUCT A 10-FOOT WIDE PAVED MULTI-USE PATHWAY AND PLACE A 5-FOOT CHAIN LINK FENCE ALONG THE SOUTH BANK OF CANAL FOR SII.HOUETTE SUBDIVISION - FOR MI-03-009 PAGE 6 OF7 VOTED~~ VOTED ~~~ VOTED ~Q, Gt/GItiR'i ,~-~ C~ C~,~ncr 2 `\\\\1111111111111 I/,~ `~~,.~y pF MEq~~i ~','% c`~~ v' coaPO~a r q'L ~'- ~? FO Attest: SEAL William G. Berg, Jr., City lerk ~'''.,,, ~Ut+fT`(• ~~,o'~~• Copy served upon Applicant, the Planning and Zoning Department, Public Work~~~~rA~,~Q~'%,i and City Attorney. `,o`G~~C oaPOrty '0'L '~„ ~2o TFo By: .T.~i--- r Dated: 2 - ~'~3 y SEAL City Clerk ~ 9c ~°~' :9~ c~spis't•1 dp: OQ ~` Z:1WodclbDMetidianlMcridian 15360M1Silhouelte Subdivision Ml-03.0091FiCIsOrdMIA3-009.doc /'/~''~,CpU1~17Y1`I`\.\~\\` FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR MODIFICATION OF A CONDITION TO LEAVE THE ONWEILER LATERAL OPEN AND CONSTRUCT A 10-FOOT WIDE PAVED MULTI-USE PATHWAY AND PLACE A 5-FOOT CHAIN LINK FENCE ALONG THE SOUTH BANK OF CANAL FOR SII,HOUETTE SUBDIVISION -FOR MI-03-009 PAGE 7 OF7