HomeMy WebLinkAboutSmitchger Subdivision FP-04-081
BEFORE THE MERIDIAN CITY COUNCIL
CIC January 11, 2005
IN THE MATTER OF THE
APPLICATION OF USTICK
MARKETPLAC, LLC FOR
APPROVAL OF 11 BUILDING
LOTS AND 2 OTHER LOTS ON
36.93 ACRES IN A CoG ZONE
LOCATED ON THE NEC OF WEST
USTICK ROAD AND NORTH
EAGLE ROAD IN A PART OF THE
SW %OFSW %, T.3N.,R.IE.,
SECTION 33.
CASE NO. FP-04-081
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 January II, 2005, and the Council finding that the Administrative
Review is complete from Sonya Allen,. Assistant City Plauner for the Plauning and Zoning
Department, and Bruce Freckleton, Development Services Manager for the Public Works
Department, dated: Hearing Date: January 11, 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 SMITCHGER SUBDIVISION IN A PART OF
THE SW % SW %, T. 3N., R. lE., SECTION 33, BOISE MERIDIAN, MERIDIAN,
ADA COUNTY, IDAHO 2005, HANDWRITTEN DATE: 12/15/04, SHEET I OF 3,
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR SMITCHGER SUBDIVISION 1 (FP-O4-081)
Page 1 of4
EARL, MASON, AND STANFIELD", USTICK MARKETPLACE, 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 Plauner for the Plauning and Zoning Department and Bruce
Freckleton, Development Services Manager for the Public Works Department, dated:
Hearing
Date:
January
11,
2005,
listing
12
SITE
SPECIFIC
REQUIREMENTSIFINAL PLAT and 5 GENERAL REQUIREMENTS, a true and
correct copy of which is attached hereto marked Exhibit "A", and consisting of 3
pages, and by this reference incorporated herein, and the additional requirements
from the action of the council taken at their January 11,2005 meeting as follows, to-
wit:
1.1
Adopt the actionofthe City Council taken attheir January II,
2005 meeting, and specifically pertaining to the Staff Report,
under Conditions of Approval, number 3 note (7), number 3
note (10), number 4, and number 9, such that they now read
as follows:
CONDITIONS OF APPROVAL
3.
(7.) ~Direct lot access to N. Eagle RoadlHwy 55 and
E. Ustick Road is prohibited except for the access
points that have been specifically approved with this
subdivision by ACHD and lTD."
(10.) "The pressurized irrigation system within this
development will be owned and maintained by
Settlers Irrigation District."
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR SMITCHGER SUBDIVISION 1 (FP-O4-081)
Page 2 of 4
4.
Street signs are to be in place, water system shall be
approved and activated, fencing installed, access road
base approved by the Meridian Fire Department, and
the Final Plat for this subdivision shall be recorded,
prior to issuance of a building permit expect for the
existing Lowe's building and improvements and one
additional unused building permit available on the
current parcel, if eligible as determined by City Staff.
9.
The pressurized irrigation system within this
development is to be owned and maintained by
Settlers Irrigation District. 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 municipal water system shall be required. If a
single-point connection is utilized, the developer shall
be responsible for the payment of assessments for the
common areas prior to signature on the final plat by
the Meridian City Engineer.
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
The City Engineer has verified that all off-site improvements are completed
and/or the appropriate letter of credit or cash has been issued guaranteeing the
completion of off-site and required on-site improvements.
2.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
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
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR SMITCHGER SUBDIVISION 1 (FP-O4-081)
Page 3 of 4
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 maybe filed.
Please take notice that this is a [mal 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
\\-\ìr-
day
of .Jr¡ n \ LO1 Hj
,2005
J~Þ-
Attest:
BY:~
City Clerk's Office
Dated:
\-'2.4~cc)
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR SMITCHGER SUBDIVISION 1 (FP-O4-081)
Page 4 of 4
MAYOR
Tammy de Weerd
CITY COUNCIL MEMBERS
Keith Bini
Christine Donnell
Shaun Wardle
Charles M. Rountree
c::::lfe;;dldn
CITY HALL
(208) 888-4433 - Fax 887-4813
IDAHO
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887.2211- Fax 898-9551
LEGAL DEPARTMENT
(208)466-9272 - FAX 466-4405
STAFF REPORT:
City Council Date: January 11,2005
To:
Mayor & City Council
Sonya Allen, Assistant City Plauner ¿Ii ~
Bruce Freckleton, Development Services Manager ~
From:
Re:
Smitchger Subdivision
Request for Final Plat Approval of Eleven (11) Commercial Building Lots and Two
(2) Common Lots on 36.93 Acres in a CoG Zone for Smitchger Subdivision, by
Ustick Marketplace (File No. FP-O4-081)
We have reviewed the above-referenced submittal 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, Ustick Marketplace, has requested final plat approval for 11 commercial building
lots and 2 common lots on 36.93 acres in a CoG zone for Smitchger Subdivision.
The proposed subdivision is located at the NEC of N. Eagle Road and E. Ustick Road, in the SW
IA ofSectiOlß3, TAN., R.lE.
The submitted final plat substantially complies with the approved preliminary plat.
Staff recommends approval of the final plat for Smitchger Subdivision with the comments and
conditions stated in this report.
SITE .SPECIFIC REOUIREMENTS
1.
Applicant is to meet all terms of the approved Development Agreement (Instrument No.
104107404) and Preliminary Plat (pP-04-037) for this subdivision.
2.
Submit compaction test results to the Meridian Building Department for any building pads
within lots receiving engineered backfill.
Exhibit "A"
Mayor & City Council
Hearing Date: January II, 2005
Page 2 of3
3.
The following notes on the plat dated 12/15104, prepared by Earl, Mason & Stanfield, Inc.,
need to be revised or added:
íQ1 Add a note providing for cross access for all lots within the subdivision.
ill "Direct lot access to N. Eagle Road/Hwv 55 and E. Ustick Road is prohibited except
for the access points that have been specificallv approved with this subdivision bv
ACHD."
ŒJ. Add a note pertaining to the Right to Farm Act.
ŒJ "Any re-subdivision of this plat shall comply with the applicable Zoning Regulations
in.effect at the time of the re-subdivision."
Q.QJ. "The pressurized irrigation svstem within this development will be owned and
maintained bv Ustick MarketPlace. LLC."
a.u "The owner of each lot across which passes an irrigation/drainage ditch or pipe. is
responsible for the maintenance thereof. unless such responsibility is assumed bv an
irrigation/drainage district."
D1J The bottom elevation of structural footing shall be set a minimum of twelve (12")
inches above the highest established normal groundwater elevation."
4.
Street signs are to be in place, water system shall be approved and activated, fencing
installed, access road base approved by the Meridian Fire Department, and the Final Plat for
this subdivision shall be recorded, prior to applying for building permits.
5.
All development improvements, including sewer & water, fencing, pressurized irrigation
and landscaping shall be installed and approved prior to obtaining certificates of occupancy,
with the exception of the Lowe's parcel which is being developed under provisions within
the development agreement.
6.
A letter of credit or cash surety in the amount of 110% will be required for all fencing,
pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat.
7.
Sanitary sewer service and municipal water to this development shall be via extensions from
existing mains. Applicant will be responsible to construct, or re-construct the sewer and
water mains to and through this proposed development, thereby making them available to
adjacent properties. Subdivision designer to coordinate main sizing and routing with the
Public Works Department. Applicant shall execute City of Meridian standard form of
easements, for any mains that are required to provide service.
All lots within this development shall be subject to paying water latecomer fees at the time
of issuance of a building permit for each individual lot.
8.
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.
FP-04-08\
Exhibit "A"
Smitchger Sub FP.doc
Transmittal Date: January 7.2005
Mayor & City Council
Hearing Date: January II, 2005
Page 3 of3
9.
The pressurized irrigation system within this development is to be owned and maintained by
Ustick Marketplace, LLC. 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 municipal water system shall be required. If a single-point
connection is utilized, the developer shall be responsible for the payment of assessments for
the common areas prior to signature on the final plat by the Meridian City Engineer.
10.
Please submit a copy of the Ada County Street Name Committee's "Final" letter for the
street names and lot & block numbering. Make all corrections necessary to comply.
11.
Complete .the Certificate of Owners and accompanying Acknowledgment.
12.
Staffs failure to cite specific ordinance provisions or terms of the approved Development
Agreernent or Preliminary Plat does not relieve the Applicant of responsibility for
compliance.
GENERAL REOUIREMENTS
1.
Tile all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting,
crossing or lying adjacent and contiguous to the area being subdivided per City Ordinance
12-4-13. Submit written confirmation of plan approval from the appropriate
irrigation/drainage district, or lateral users association to the Public Works Department.
2.
Remove any existing domestic wells and/or septic systems within this project 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.)
3.
Install 250-watt, high-pressure sodium streetlights at locations designated by the Public
Works Department. Street light contractor shall obtain an approved design and permit ITom
the Public Works Department prior to commencing installations.
3.
Replace any tree over four (4) inch caliper that is removed from the property with an
equivalent number of caliper inches of trees. (Required landscape buffer trees will not be
considered as replacement trees for those trees that have to be removed.)
4.
Coordinate with the Meridian Public Works Department and the Meridian CitylRural Fire
Department to determine fife flow requirements. Provide a letter from the Fire Department
stating required fire flow requirements prior to final plat approval.
RECOMMENDATION
Staff recommends approval ofthe final plat with the above stated comments and conditions.
FP-04-081
Exhibit "A"
Smitchger Sub FP.doc
Transmittal Date: January 7, 2005