HomeMy WebLinkAboutCity Clerk ChecklistCITY CLERK FILE CHECKLIST
Project Name: Stokesberry Subdivision No. 2
Contact Name: Daren Fluke
Date Received from Planning and Zoning Department:
Planning and Zoning Level:
0 Transmittals to agencies and others:
0 Notice to newspaper with publish dates:
❑ Certifieds to property owners:
File No. AP 07-007
Phone: 376-7330
August 2, 2007
Hearing Date: N/A
and
❑ Planning and Zoning Commission Recommendation: ❑ Approve ❑ Deny
Notes:
City Council Level:
0 Transmittals to agencies and others:
❑ Notice to newspaper with publish dates:
❑ Certifieds to property owners:
❑ City Council Action:
Hearing Date: August 28, 2007
August 2, 2007
08/06/07 and 08/20/07
Approve ❑ Deny
❑ Findings / Conclusions / Order received from attorne o
Notes:
LN
y n.
Findings
/ Conclusions / Order:
❑
Approved by Council:
Ongnel R. Copy Mi Cent noo utebk
Copy Res/Copy Con Olycj-
El
Copies Disbursed:
City Engineer
City Ph —
Cib Altorn y
Findings Recorded
R 4rg Coaeers
Protect Flle
Ree/Corar
Copy Res / Original Cert:
Development Agreement:
Ada County (CPAs)
AM-1 lnoo-mino.
Sent for signatures:
Onginal "rntebook
Copies to City Clark
Signed by all parties:
State Tax C.—
StAe Tr---, Auditor, Assessor
SterlingC.611-
Approved by Council:
City Attorney
Qty Engineer
Citypte,e
❑
Recorded:
Proj.ct fil.
APDoody(if appl.)
_KI,
Copies Disbursed:
Flrvdklp. / Orders:
Original: Minotebook
COPieato Ap heat
Project file
Ordinance
No. Resolution No.
Cdy Engineer
City
City
Approved by Council:
Attorney
Attorney
Deputy Clerk
Fk-*.11
❑
Recorded: Deadline: 10 days
Recorded O.velopm.rd Aywswrds;
Origins' Fireproof File
C°PProje tfile �
Project
❑
Published in newspaper.
file
Clty Engineer
City Plenner
Copies Disbursed:
City Attorney
D" Clerk
CI"IY OF
an a "n TRANSMITTALS TO AGENCIES FOR COMMENTS ON
IDAHO DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN
tiF
ce�ER 10*TRFASUREVl-' % To insure that your comments and recommendations will be considered by
-•�. "9°' the Meridian City Council please submit your
MAYOR I Tammy de Weerd comments and recommendations to Meridian City Hall
CITY COUNCIL MEMBERS
Keith Bird
Joseph W. Borton
Charles M. Rountree
David Zaremba
CITY DEPARTMENTS
City Attorney/HR
703 Main Street
898-5506 (City Attorney)
898-5503 (FIR)
Fax 884-8723
Fire
540 E. Franklin Road
888-1234 / fax 895-0390
Parks & Recreation
11 W. Bower Street
888-3579/fax 898-5501
Planning
660 E. Watertower Lane
Suite 202
884-5533/fax 888-6854
Police
1401 E. Watertower Lane
888-6678/fax 846-7366
Public Works
660 E. Watertower Lane
Suite 200
898-5500/fax 898-9551
Building
660 E. Watertower Lane
Suite 150
887-2211 / fax 887-1297
Wastewater
3401 N. Ten Mile Road
888-2191/fax 884-0744
Water
2235 N.W.8th Street
888-5242 / fax 884-1159
Attn: Will Berg, City Clerk, by: August 21, 2007
Transmittal Date: August 2, 2007 File No.: AP 07-007
Hearing Date: August 28, 2007
Request: Public Hearing- Appeal of the Planning Director's decision to deny the CZC
request for Lot 10, Block 1 based on UDC Table 11-213-3, which requires a rear bldg
setback in L-O zone of 20ft; the applicant believes a 10ft rear bldg setback was previously
approved for this site. Further, the applicant is requesting that Lots 11 & 13 also be
allowed to develop with a 10ft rear bldg setback for Stokesberry Subdivision No 2
By: JUB Engineers
Location of Property or Project: northwest corner of Eagle Rd. & River Valley St
Steve Siddoway (no FP)
David Moe (no FP)
Wendy Newton-Huckabay (No FP)
Michael Rohm (No FP)
Tom O'Brien (No FP)
Tammy de Weerd, Mayor
Charlie Rountree, C/C
Joe Borton, C/C
Keith Bird, C/C
David Zaremba C/C
Water Department
Sewer Department
Sanitary Services(No VAR, VAC, FP)
Building Department / Rich Greene
Fire Department
Police Department
City Attorney
City Engineer
City Planner
Parks Department
Economic Dev. (CUP only)
Your Concise Remarks:
Meridian School District (No FP)
Meridian Post Office(FP/PP only)
Ada County Highway District
Ada County Development Services
Central District Health
Nampa Meridian Irrig. District
Settlers Irrig. District
Idaho Power Co. (FP,PP,cuP)
Qwest (FP/PP only)
Intermountain Gas (FP/PPonly)
Bureau of Reclamation (FP/PP only)
Idaho Transportation Dept. (No FP)
Ada County Ass. Land Records
Downtown Projects:
Meridian Development Corp.
Historical Preservation Comm.
South of RR / SW Meridian:
NW Pipeline
New York Irrigation District
Boise-Kuna Irrigation District
CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433
CITY CLERK -FAX 888-4218 FINANCE & UTILITY BILLING -FAX 887-4813 MAYOR'S OFFICE -FAX 884-8119
Printed 011 recycled paper
Hearing Date: August 28, 2007
File No.: AP-07-007
AUt 0 2 2007
City Of Meridian
City Clerk Office
Project Name: Stokesberry Subdivision No. 2, Lots 10, 11, & 13, Block 1
Request: Appeal of the Planning Director's decision to deny the Certificate of Zoning
Compliance request for Lot 10, Block 1, Stokesberry Subdivision No. 2, based on
UDC Table 11-2B-3, which requires a rear building setback in the L-O zone of 20
feet; the Applicant believes a 10-foot rear building setback was previously
approved for this site. Further, the applicant is requesting that Lots 11 & 13 also
be allowed to develop with a 10-foot rear building setback.
Location: Lots 10, 11, & 13, Block 1, Stokesberry Subdivision No. 2, in Section 5, T.3N.,
R.lE. Generally located on the northwest corner of Eagle Road and River Valley
Street.
crry ,lIDAHO
Planning Department
COMMISSION & COUNCIL REVIEW APPLICATION
Type of Review Requested (check all that apply)
❑ Alternative Compliance
❑ Annexation and Zoning
❑ Comprehensive Plan Map Amendment
❑ Comprehensive Plan Text Amendment
❑Conditional Use Permit
❑ Conditional Use Permit Modification
❑ Design Review
❑ Final Plat
❑ Final Plat Modification
❑ Planned Unit Development
❑ Preliminary Plat
❑ Private Street
❑ Rezone
❑ Time Extension (Commission or Council)
❑ UDC Text Amendment
❑ Vacation (Council)
❑ Variance
X Other Appeal of a Director's Decision
Applicant Information
STAFF USE ONLY:
File number(s): RP- 071 -OO —)
Project name: SAI*Y-4 %
Date filed: $- 1-'Ol Date complete: —1-0-7
Assigned Planner:
Related files:
Hearing date: ` -ZZ-01 ❑ CommissiongCouncil
Applicant name: J-U-B ENGINEERS Phone: (208) 376-7330
Applicant address: 250 S. Beechwood Ave. Boise ID
Applicant's interest in property: ❑ Own ❑ Rent ❑Optioned X Other Zip: 83709
Owner name: Properties West Inc
Phone: 888-7523
Owner address: 1406 N. Main Street Ste. 215
Zip:83642
Agent name (e.g., architect, engineer, developer, representative): Daren Fluke
Firm name: J-U-B ENGINEERS Inc.
Phone: (208)376-7330
Address: 250 S. Beechwood Avenue Suite 201 Boise ID
Zip: 83709
Primary contact is: ❑ Applicant ❑ Owner X Agent ❑ Other
Contact name: Daren Fluke
Phone: (2081376-7330
E-mail: dfluke •ub.com
Fax: _ (208) 323-9336
Subject Property Information
Location/street address
Northwest corner of Ea le Road and River Valle Street
Assessor's parcel number(s): R8173430020 08173430030- R8173430040• R8173430050
Township, range, section: Sec. 5 T3N R1E
Total acreage: 4.15
Current land use: Office complex
Current zoning district: L-O
660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
1
2 or more Bedrooms:
Proposed building height:
Average property size (s.f.):
Net density (DU/acre-excluding roads & alleys):
Acreage of open space:
(See Chapter 3, Article G, for qualified open space)
Type of open space provided in acres (i.e., landscaping, public, common, etc):
Type of dwelling(s) proposed: ❑ Single-family ❑ Townhomes ❑ Duplexes X Multi -family
Non-residential Project Summary (if applicable)
Number of building lots:_
Gross floor area proposed:
Hours of operation (days and hours):
Percentage of site/project devoted to the following:
Landscaping:
Total number of employees:
Project Description
Project/subdivision name: Stokesberry Subdivision No 2
General description of proposed project/request: An appeal of a director's decision to enforce a 20' rear
setback on Lots 10-13 Block 1 Stokesberry Subdivision No. 2.
Proposed zoning district(s): L-O
Acres of each zone proposed:
Type of use proposed (check all that apply): ❑ Residential ❑ Commercial X Office ❑ Industrial ❑ Other
Amenities provided with this development (if applicable):
Who will own & maintain the pressurized irrigation system in this development?
Which irrigation district does this property lie within?
Primary irrigation source: Secondary:
Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water):
Residential Project Summary (if applicable)
Number of residential units:
Number of common and/or other lots:
Number of building lots:
Proposed number of dwelling units (for multi -family developments only):
1 Bedroom:
Minimum square footage of structure(s) (excl. garage):
Minimum property size (s.f):
Gross density (Du/acre-total land): _
Percentage of open space provided:
Percentage of useable open space: _
Building:
Other lots:
Existing (if applicable):
Building height:
Paving:
Maximum number of employees at any one time:
Number and ages of students/children (if applicable): _
Total number of parking spaces provided:
Authorization
Print applicant name:
Seating capacity: _
Number of compact spaces provided:
Applicant signature:
Date:
660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
2
(Rev. 9121106)
i
rJ-Uf
July 31, 2007
City Council
City of Meridian
660 E. Watertower Lane, Ste. 202
Meridian, ID 83642
Members of the Council:
`J J-U-B ENGINEERS, Inc.
ENGINEERS • SURVEYORS • PLANNERS
Regional Office
250 South Beechwood Avenue, Suite 201
Boise, ID 83709-0944
RE: Stokesberry Subdivision No.2 - Appeal
208-376-7330
Fax: 208-323-9336
www.jub.com
On behalf of Properties West Inc. and the landowners within Stokesberry Subdivision, please
accept this appeal application of the staff decision detailed in a letter dated July 24, 2007
from Anna Canning to Glenn Walker, The aforementioned decision only addresses one lot, but
it will create a precedent that affects four lots within the development. We are therefore
requesting that the decision of the Director to apply a 20' rear setback to all lots within
Stokesberry Subdivision No. 2 be overturned and that Lots 10, 11, 1'2� and 13 be allowed to
develop with buildings as depicted on the final plat of Stokesberry Subdivision No. 2.
Properties West developed the Stokesberry Subdivision and subsequently sold the lots within
the project to various individuals and companies to develop with office buildings. The lots
were sold with the understanding that building envelopes were designated on the plat,
represented by dashed lines on each lot. As you can see from the staff decision referenced
above, this concept was not fully realized within the record and the staff feels that they have
no option to approve a site plan with anything less than a 20' rear setback.
While we recognize that the staff analysis is technically correct, and while we appreciate the
predicament they find themselves in, we believe that there are good and compelling reasons
for issuing the last four building permits within this project utilizing a 10' rear setback.
Specifically:
➢ The adopted Findings of Fact and Conclusions of Law specifically reference the
Building Site Plan drawing (attached) that graphically depicts a building envelope
for each lot within the project. It is clear from this drawing that the development
concept for the project has always been to treat the development as an integrated
collection of buildings on a large parcel of land. Lots were created due to the
requirements of the zoning ordinance and the need to sell the ground to individual
buyers, but the above drawing clearly shows the overall development concept, a fact
borne out by the issuance of at least three building permits with 10' rear setbacks.
➢ Building permits have been issued on other lots with the ten foot setback. While this
point alone is not a good enough reason to issues others with the same error, it does
verify that the record is unclear at best. Further, it demonstrates that the 10' setback
�i
C&U-BI
Engineers Surveyors Planners Appeal Narrative
Stokesberry Subdivision No.2
July 31, 2007
Page 2
is at least somewhat supported by the record, is perfectly reasonable within the
context of the project, and does not create a public nuisance nor a harmful precedent
for the city.
Nothing is gained by the city, but much is lost by the applicant with this action. The
lots were sold and bought in good faith by both parties based upon the recorded plat
and the Building Site Plan. Further, the appellant understood that previous permits had
been issued and was under the understandable impression that the entire project could
be developed in accordance with the Building Site Plan as referenced in the Findings of
Fact. Denying building permits at this stage has already delayed one project and will
certainly kill the project if it is upheld. Furthermore, it will likely result in litigation
between the buyers and the seller, causing financial harm to both parties. If this were
of benefit to the City or its citizens it might be justifiable, but this action will result in
no substantial benefit to anyone, it only harms the landowners and the appellant.
The concept of a rear setback has little or no meaning in the context of this
project. All lots are clustered around an internal shared parking area and do not have
traditional public road frontage with front, rear, and side setbacks. The individual site
plans work well within the context of the project and create a cohesive and attractive
development as designed.
The mandatory 20' rear setback will likely be changed anyway. The staff has
indicated that a 20' setback in the L-0 zone is excessive given the purpose of the zone
and intends to bring forward an ordinance amendment to modify the setback
requirement. Unfortunately this process will take approximately six months and is of
no real benefit to the landowners who are ready to go now and will likely lose their
financing if forced to wait that long for a resolution to this issue.
Summary
The Council clearly has the authority to offer relief in this case. Although the record on this
issue is somewhat muddled, the mere fact that the Findings of Fact reference the Building Site
Plan is justification enough to allow 10' rear setback and would be defensible in court.
Moreover, it is extremely unlikely that the issue would ever go to court because it does not
harm anyone, to the contrary it results in a much nicer and more cohesive development.
Based on all the above, we respectfully request that the Council uphold the appeal and allow
the owners to develop the project as it was originally envisioned.
Sincerely,
J-U-B ENGINEERS, INC.
Daren Fluke, AICP
Senior Planner
F:\ProiectManagers\GAL\11927 - Stokesberry 2\11927-Admin\appeal ltr 7-31-07.doc
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STOKESB
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J-U-B LNGINEERS, Inc.
250 S. Beechwood Avenue
(A-U-B .1 Suite 201
f Boise, Idaho 83709-0944
Telephone: 208/376-7330
FAX: 208/323-9336
TO: Anna Canning
City of Meridian
660 E. Watertower Ln
Meridian, ID 83642
--t-ETTER OF TRANSMITTAL
DATE: 08-01-07 Project No. 11927
PROJECT NAME: Stokesberry #2
PROJECT MANAGER: Daren Fluke, AICP
SUBJECT:
Director decision Appeal
GENTLEMEN:
We are sending you the following items: ® ATTACHED ❑ UNDER SEPARATE COVER via
❑ SHOP DRAWINGS ❑PLANS ❑ PRINTS ❑ SAMPLES ❑ SPECIFICATIONS
❑ COPY OF LETTER ❑ CATALOG SHEETS ❑ CHANGE ORDER ® Check for $603 00
COPIES DATE or No. DESCRIPTION
1 08-01-07 Commission & Council Review Application for an Appeal
1 08-01-07 City Council Review Application Checklist
1 08-01-07 Narrative for the Appeal
1 Vicinity Map
THESE ARE TRANSMITTED AS CHECKED BELOW:
® FOR APPROVAL ❑ AS REQUESTED
❑ FOR YOUR USE ❑ FOR REVIEW AND COMMENT
❑ FOR BIDS DUE
REMARKS:
❑ FOR SIGNATURE
❑ RETURNED FOR CORRECTIONS
❑ PRINTS RETURNED AFTER LOAN TO US
Please let us know if you need anything else or have any questions.
Thank you.
IF ENCLOSURES ARE NOT AS NOTED, KINDLY NOTIFY US AT ONCE.
J-U-B ENGINEERS, Inc.
COPY FOR
SIGNED:
RECEIVED BY: Daren Fluke, AICP
DATE:
PLFASF SIGN DATF ANn RETURN CnPY TO J-U-
RADIUS NOTICE REPORT FILE NAME: stoap
02 Aug-2007
Owners Owner Address
BOYLE MAUREEN E W
3109 LESLIE DR
MERIDIAN, ID 83646-5715
Property Address:
stoap
CAMPBELL FREDRIC G
3165 E LESLIE DR
CAMPBELL TAMARA L
MERIDIAN, ID 83646-5715
Property Address:
stoap
CHAN KIN SAN
2064 S DOE CREEK WAY
HUANG MAO HUA
BOISE, ID 83709-0000
Property Address:
stoap
DBS ENTERPRISES LLC
291 W CAVE BEAR CT
MERIDIAN, ID 83642-0000
Property Address:
stoap
GRIFFETH JEFFREY P
12416 W BRADDOCK DR
GRIFFETH TERRI
BOISE, ID 83709-0000
Property Address:
stoap
HALLMARK ENTERPRISES INC
225 N 09TH ST STE 210
BOISE, ID 83702-0000
Property Address:
stoap
HALLMARK EXECUTIVE SUITES LLC
225 N 09TH ST STE 210
BOISE, ID 83702-0000
Property Address:
stoap
KANE RAYMOND J &
3047 LESLIE DR
KANE JUDY L
MERIDIAN, ID 83646-5715
Property Address:
stoap
KLEINER WALTER BERMAN
KLEINER ELIZABETH S
PO BOX 4003
BELLEVUE, WA 980094003
Property Address:
stoap
1
Owners Owner Address
MERIDIAN JOINT SCHOOL DIST NO 2
1303 E CENTRAL DR
MERIDIAN, ID 83642-0000
Property Address:
stoap
MERIDIAN JOINT SCHOOL DIST NO 2
1303 E CENTRAL DR
MERIDIAN, ID 83642-0000
Property Address:
stoap
MONVAND ENTERPRISES LLC
875 W FRANKLIN RD
MERIDIAN, ID 83642-0000
Property Address:
stoap
MOONLIGHT INDUSTRIES INC
2525 N STOKESBERRY PL STE C
MERIDIAN, ID 83646-1144
Property Address:
stoap
OH MEE SOOK
13325 W ELMSPRING ST
BOISE, ID 83713-0000
Property Address:
stoap
PROPERTIES WEST INC
1406 N MAIN ST STE 215
MERIDIAN, ID 83642-1746
Property Address:
stoap
PROPERTIES WEST INC
1406 N MAIN ST STE 215
MERIDIAN, ID 83642-1746
Property Address:
stoap
PROPERTIES WEST INC
1406 N MAIN ST STE 215
MERIDIAN, ID 83642-1746
Property Address:
stoap
PROPERTIES WEST INC
1406 N MAIN ST STE 215
MERIDIAN, ID 83642-1746
Property Address:
stoap
RANI LLC
11650 S STATE ST STE 300
MBJR LLC
DRAPER, UT 84020-0000
Property Address:
stoap
N
Owners Owner Address
RIVER ROCK INVESTMENTS LLC
Property Address:
S & T PROPERTIES LLC
Property Address:
SGI LLC
Property Address:
SHOHET GARRY
SHOHET KRISTI
Property Address:
SPECIALTY CONTRACTING LLC
Property Address:
TRIPLE 7 LLC
Property Address:
URWIN SHAIN
URWIN RHONDA
Property Address:
WYNDHAM DEVELOPMENT LLC
Property Address:
WYNDHAM DEVELOPMENT LLC
Property Address:
ZENOR SAMUEL W
ZENOR CINDY S
Property Address:
1406 N MAIN ST STE 215
MERIDIAN, ID 83642-0000
stoap
1458 S EAGLE FLIGHT WAY
BOISE, ID 83709-0000
stoap
4631 BERKSHIRE DR
BOISE, ID 83704-0000
stoap
9520 FAIRVIEW AVE
BOISE, ID 83704-0000
stoap
2525 N STOKESBERRY PL STE A
MERIDIAN, ID 83646-1144
stoap
800 COLDWATER CREEK CIR
NICEVILLE, FL 32578-0000
stoap
2484 N STOKESBERRY PL
MERIDIAN, ID 83646-5035
stoap
5885 S HORSESHOE PL
BOISE, ID 83716-0000
5885 S HORSESHOE PL
BOISE, ID 83716-0000
stoap
stoop
2572 N STOKESBERRY PL
MERIDIAN, ID 83646-0000
stoap