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Home My WebLink AboutNola Subdivision MI BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF DAVID BOHECKER TO AMEND CONDITIONS OF PLAT APPROVAL, SPECIFICALLY THE REQUIREMENT TO ALLOW MUNICIPAL WATER AS THE PIDMARYSOURCEFORTHE PRESSUIDZED IRmGA TION SYSTEM LOCATED ON THE SOUTHWEST CORNER OF EAST PINE AVE AND NOLA ROAD IN THE SW % OF T. 3N., R.tE., SECTION 8 ) ) ) ) ) ) ) ) ) ) ) ) ) C/C June 28, 2005 CASE NO. MI-05-006 ORDER OF CONDITIONAL APPROVAL OF MISCELLANEOUS APPLICATION This matter coming before the City Council for Miscellaneous Application approval pursuant to Meridian City Code § 12-3- 1. B to amend conditions of plat approval, specifically the requirement to allow municipal water as the primary source for the pressurized irrigation system for David Bohecker, and the Council finding that the Administrative Review is complete from Michael Cole, Development Services Coordinator, for the Public Works Department, dated: Hearing Date: June 28, 2005 to the Mayor and Council, the council takes the following action: ORDER OF CONDITIONAL APPROVAL OF MISCELLANEOUS APPLICATION TO AMEND CONDITIONS OF PLAT APPROVAL, SPECIFICLL Y THE REQUIREMENT TO ALLOW MUNICIPAL WATER AS THE PRIMARY SOURCE FOR THE PRESSUlRZED IRRIGATION SYSTEM FOR DAVID BOHECKER (MI-O5-006) Page 1 of 3 IT IS HEREBY ORDERED THAT: ".--..---.-- -,. ,- --.- _.....---.._-'-.._._~-~-_.._---"'" 1. The subject application by David Bohecker, is approved subject to those conditions of Staff comments as set forth in the memorandum to the Mayor and City Council, Michael Cole, Development Services Coordinator, for the Public Works Department, dated: Hearing Date: June 28,2005 listing one Condition of Approval, a true and correct of which is attached hereto marked Exhibit "A", and consisting of two pages, and by this reference incorporated herein, and the letter from Nampa and Meridian Irrigation District, a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 1 page, and by this reference incorporated herein. 2. The Record of Survey (ROS) upon which there is contained the certificate and signature of the City Engineer verifYing that the drawing meets the City's requirements shall be signed only at such time as: 1. The ROS dimensions are approved by the City Engineer and; 2. 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. NOTICE OF FINAL ACTION AND IDGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the ûwnermay request a regulatory taking analysis. Such request must be in writing, and must be filed with the City ORDER OF CONDITIONAL APPROVAL OF MISCELLANEOUS APPLICATION TO AMEND CONDITIONS OF PLAT APPROVAL, SPECIFICLL Y THE REQUIREMENT TO ALLOW MUNICIPAL WATER AS THE PRIMARY SOURCE FOR THE PRESSUIRZED IRRIGATION SYSTEM FOR DAVID BOHECKER (MI-O5-006) Page 2 of3 - - ",n_.,___- 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 may be filed. Please take notice that this is a final 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 ofthis decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action ofthe City Council at its regular meeting held on the '2<6~ day of ,jU ~J ,2005. Copy served upon Applicant, the P City torney. ent, Public Works Department, and By. City Clerk's Office ORDER OF CONDITIONAL APPROVAL OF MISCELLANEOUS APPLICATION TO AMEND CONDITIONS OF PLAT APPROVAL, SPECIFICLL Y THE REQUIREMENT TO ALLOW MUNICIPAL WATER AS THE PRIMARY SOURCE FOR THE PRESSUlRZED IRRIGATION SYSTEM FOR DAVID BOHECKER (MI-O5-006) Page 3 of 3 ,/ MAYOR Tanuny de Weerd ,. .'..., - ", cM'e;;;¡ i~n- - ~.; \;, IDAHO ~ &~'t./\" "no., ~;.¡ .-" ~~~'i~~ CITY HALL (208) 888-4433 - Fax 887-4813 CITY COUNCIL MEMBERS Keith Bird Christine Donnell Shaull Wardle Charles M. Rountree ""'\' \~~, \' \j ß PUBLIC WORKS BUILDING DEPARTMENT (208) 887-22 II - Fax 898-9551 LEGAL DEPARTMENT (208) 888-4433 MEMORANDUM: Transmittal Date: June 21,2005 City Council Hearing Date: June 28, 2005 To: Mayor and City Council From: Michael Cole, Development Services CoordinatorM C Subject: Nola Subdivision, MI . Request to amend conditions of plat approval, specifically the requirement to allow municipal water as the primary source for the pressurized irrigation system in Nola Subdivision. Staff has reviewed the above referenced submittal and offers the following comments. APPLICATION SUMMARY & HISTORY The applicant, David Bohecker, is requesting a waiver from item #7 of the plan review checklist, regarding Irrigation System and Operation and Maintenance. Nola Subdivision preliminary/final plat was approved for four building lots. Staff is recommending approval of this request with the conditions included herein. LOCATION & SURROUNDING USES , The subject property is located on the southwest comer of the intersection of East Pine Avenue and North Nola Road. It is located in the NW ~, SW ~ of Section 8, Township 4 North, Range I East. The following uses surround the subject building site: North: One (1) parcel, totaling approx. 4.8 acres (zoned I-L, City of Meridian), and one (1) parcel, totaling approx. 1.5 acres (zoned RUT, Ada County). South: One (1) parcel, totaling approx. 7.7 acres (zoned I-L, City of Meridian). MI-O5-006 Exhibit "A" Page 1 East: One parcel (1) parcel, totaling approx. 4.9 acres, containing Crossroads Middle School (zoned T-E, City of Meridian), and one (1) parcel, totaling approx. 14.8 acres (zoned RUT, Ada County.) West: Railside Park Subdivision, including: one parcel (1) parcel, totaling approx. 1.2 acres (zoned I-L, City of Meridian), one (1) parcel, totaling approx. 1.4 acres (zoned I-L, City of Meridian), and one (1) parcel, totaling approx. 1.4 acres (zoned I-L, City of Meridian. ) OWNER OF RECORD The current property owner, Howard Anderson, has submitted notarized consent for David Bohecker to submit the subject application. STAFF ANALYSIS The applicant is required per Meridian City Code to provide underground pressurized irrigation to all lots in a new subdivision. All irrigation systems must use non-potable water for the primary source if deemed to be available. The applicant has submitted a letter Nampa and Meridian Irrigation district stating that there is inadequate water available to this subject property due to existing agricultural uses upstream. John Anderson has stated in his letter that a regional pump station is planned in the near future and this property's irrigation system shall be eligible to be included. SITE SPECIFIC CONDITIONS OF APPROVAL 1. The applicant shall install a pressurized irrigation system using potable water as its main source. The system shall be designed to N amp a and Meridian Irrigation District Standards, and be designed to facilitate a future hook up to the regional system that is being planned, according to John Anderson. Per MCC 12-5-2-N-4 the applicant shall be responsible to pay a one time well development fees for each lot in the subdivision that is being served by this system, the fee is currently $865.61 as of October 1 st, 2004. This fee is adjusted upward annually on October 1 S\ based on the Wall Street Prime Interest Rate on that date. RECOMMENDATION Staff recommends approval of MI 05-006 application with the above stated comments and conditions. MI-O5-006 Exhibit "A" Page 2 ---- ,,-, '--,-"'-.._"-"-"""^'""",,._~ - -'-----',,- --- ,--u ------- -"",,------- ~--,-' '-----"~- -,----,------_.,--"..",,-' -""--"",-",,,-,- -",,-' " ",,-,,'-- -----,-.- ,- ---,--",-- -,,-- - -""" -,,---- ,- ,--,- -,-,-""-,,,,-- ---- FRDI'I : FAX NO. :2083423342 JWi. 02 2005 08: 04Ar'1 Pi . JUN. 1. 2005 3:Ø2P¡" NAMPA MERIDIAN IRR 1'10.015 Þ.2/2 ~&~~Z>~ 1603 FIRST me!\' SOUTH NAMPA, IDAHO 63651.4395 PI« . 208-.463.0092 1 June, ~5 Phone,: Area. CexIt 206 OfFICE; Nampa 0466.786\ SHOP: Nompa 466-0663 VIA F ACSIMILB met MAIL An¡e1a COIIÛIh Bnø\1\8mna With A Mission 1523 W. Hays Boise ID 83703 0: Nola SubdMlton De~ An¡o1a: I am \Vriting this letIer, It yaw nquett, baaed 011 )'O1If May 13. 2005 letter regarding pP:8surized urban irrigation sya1em. Your pt'OpOfal to pmnp diteotly out of tbe SAydcr La~, below the DtatriQt's point of' . delivery, would not wOtk on a twenty~tbur. (~) Ílður. day butl. Somo oftbe sround upstream ia still bein(J illrmed and utilizing tbA 61Il head. J.t wwl4 be 1nY J:eçommendatian, if the City of MœrJ4tau wou1410 Ilona wit1l it. jJ thlt )IOu dry lina. Y a~ would Deed to enter into a contract wl1h N IUÇa & Meridian rm,.tton ~* før & rUle Qonttlmt and dry 1iM yQUI ~ liOIJth ofdtc rAfhaad traob. Havûag that in srùnd, the seveat)'.. ('70) acres directly IO\\th of that II pllU1Md to be developed, by Doug Tamara, in approxima.tcly the UbXt yoat' to )'tit Iftd . batt, Tbay plan on iMts1lin8 a regional pump stmon which NamplL" Møi4i~ )'JI:igat1oo District wou1d own, operate and P18h1tain. This woulð- prevenl: 8 bunch ofmbtiatvre p1.\tnp I.b- œ the IIanc: ~a11~on, Please üel free to contaot me if you feol1\1rther ~Iion ill requirød. S~:Jf? áwJ.-, ~ ;. Ar1dmon Water Superint:tanden NAMPA & MlWDIAN nwOATIONDISTlUcr 1PAldb¡ C! Board tlfDlrooton SðOr etæy/T'reaautl!i' N14 W- $U1I6riM~nt A. Damberger Tal CHatcm Wdo3 'Noe 'nok~. OilY ofMeridjm .~~ bllihit"W NP~MAT~ IftIUCiA.tl Ami IIN!1l PlOW RIGH1'8 . 23,000 BOISE P~J~CT RI1JHT6 . .co,ooo