HomeMy WebLinkAboutStokesberry Sub No. 2 FP 04-011MpR 16 22004
WHITE PETERSON
ATTORNEYS AT LAW
KEVIN E. Dw[us
SULIE KLEIN FISCHER
CHRItifOPHER D. GABBERT
Wy. F. GIGRAY, III
T. Guv H:1LL4M1[ **
SILL $. HoE1NRA
SoxN R. KORMANIK *
WILLIAM A. MDRROw
WILLIAM F. Nlcxols **
WHrrE PETERSON, P.A.
CANYON PARKAT THE IDAHO CENTER
570o E. FRANKLIN RD., SDrrE 200
NAMPA, IDAHO 83687-7901
TEE (zo8)466-9272
FAx (zo8)466-4405
CHRLSTOPHER $. NYE
PHIUPA PECERSHN
Touo A. ROESMAN
TERRENCER WHRE***
" Also admitted in CA
** Also admitted in OR
*** Also admitted in WA
March 16, 2004
William G. Berg, Jr.
City Clerk
33 East Idaho Street
Meridian, Idaho 83642
Re: JON BARNES, PROPERTIES WEST, INC. / STOKESBERRY
SUBDIVISION N0.2 /FINAL PLAT - (FP-04-011)
Dear Will:
Regarding the above referenced matter, please find enclosed the original of the
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT for approval and signature by the
Mayor and yourself. Please serve a copy of the ORDER upon the Applicant, with a Certificate of
Service in the file and a copy to Planning and Zoning and Public Works, and the attorney's office.
If you have any questions, please give me a call.
Very truly yours,
Wm. F. Nichols
Z:\Work\M\Mendian\NIeridian 1536DM1Stokesberry Sub No. 2 FP-04-011\ClerkFPltr 03 16 04.dw
BEFORE THE MERIDIAN CITY COUNCIL
C/C 02/24/04
IN THE MATTER OF THE
APPLICATION OF JON BARNES,
PROPERTIES WEST, INC. FOR
APPROVAL OF 15 COMMERCIAL
BUILDING LOTS ON 4.15 ACRES
IN AN L-O ZONE FOR
STOKESBERRY SUBDIVISION NO.
2, LOCATED ON THE WEST SIDE
OF N. EAGLE ROAD,
APPROXIMATELY'/: MILE
NORTH OF E. FAIRVIEW
AVENUE, MERIDIAN, IDAHO
CASE NO. FP-104-011
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council for Final Plat'',approvalpurcuant to
Meridian City Code § 12-3-7 on February 24, 2004, and the Council finding that the
Administrative Review is complete from Sonya Allen for the Planning and Zoning Department,
and Bruce Freckleton, Engineering Technician III, dated: City Council Date: February 24, 2004,
to the Mayor and Council, and that Anna Powell Planning Director for the Planning and Zoning
Department, commented at the hearing, and the Council having considered the requirements of
the preliminary plat the Council takes the following action:
IT IS HEREBY ORDERED THAT:
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-04-011)
Page 1 of 4
The Final Plat of "PLAT SHOWING STOKESBERRY SUBDIVISION NO.2, A
RE-SUBDNISION OF LOTS 1,2,3 AND 4 OF BLOCK 1 STOKESBERRY SUBDIVISION
BOOK 82, PAGES 8898 AND 8899 BEING A PORTION OF THE SE ''/ OF THE NE '/,
SECTION 5 TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN MERIDIAN, ADA
COUNTY, IDAHO 2004, GAL\11927FPl.dwg, SHEET 1 OF 2, 01/20/04, HANDWRITTEN
DATE: 1-22-04, PROPERTIES WEST, INC. C/O JON L. BARNES -DEVELOPER, J-U-B
ENGINEERS, INC. -ENGINEERS", Jon Barnes, Properties West, Inc.,,, Developer, is
Conditionally Approved subject to those conditions of Staff comments as set forth in the
Memorandum to the Mayor and City Council from Bruce Freckleton, Engineering Technician III,
and Sonya Allen for the Planning and Zoning Department, dated: City Council Date: February
24, 2004, listing 12 SITE SPECIFIC REQUIREMENTS and 4 GENERAL REQUIREMENTS, a
true and correct copy of which is attached hereto marked Exhibit "A", and consisting of three
pages, and by this reference incorporated herein, and the additional requirements from the action
of the Council taken at their February 24 2004 meeting as follows, to-wit:
1.1 Adopt the Recommendations of the Central District Health
Department as follows:
The Central District Health Department requires after written
approval from the appropriate entities are submitted, they can
approve this proposal for central sewage acid central water; that
plans must be submitted to and approved b'y the Idaho Department
of Health and Welfare, Division of Environmental Quality for
central sewage and central water; that run-off is not to create a
mosquito breeding problem; and it is suggested that stormwater be
pretreated through a grassy Swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water
quality; that engineers and architects should obtain current best
management practices for stormwater dispgsal and design a
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-04-011)
Page 2 of 4
stormwater management system that is preventing groundwater and
surface water degradation. Manuals for guidance:
1. State of Idaho Catalog Of Stormwater Best Management
Practices For Idaho Cities And Counties. Prepared by the Idaho
Division Of Environmental Quality, July 1997.
2. Stormwater Best Management Practices Guidebook. Prepared
by City of Boise Public Works Department, May 2000.
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:
The Plat 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 ofoff--site and required on-site
improvements.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAHINGS 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 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.
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-04-011)
Page 3 of 4
Please take notice that this is a fmal 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 maybe 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 2 ¢~
('2'~"Yln.ai'. ~- , 2004.
day of
By. s
erd
Mayor, City of Merman
"`~nwrFUrrrrp
Attest: ' ~~G~'~~o~~ fo<9,~ ~~.
T
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D~ - a7'6'r88L -
.vf-Gr-_.. - rG M
William G. Berg, Jr., Cit le ~ ~ °~'p BUST t s~ , ~` „~ .~°`
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"'ffi': ii ti; ill«~
Copy served upon Applicant, the Planning and Zoning Department, Public
and City Attorney.
B ' Dated: ~~~~~
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ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-04-011)
Page 4 of 4
MAYOR
Tammy de Weerd
CITY COUNCIL MEMBERS
Keith Bird
William L.M. Nary
Shaun Wardle
Charles M. Rountree
~ Q ~^ <:1TY OF
~~,•'Vi ~rl~l~'~'t
IS IDAHO
CITY HALL
(208) 888-0433 _ Eax 887-0813
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887-2211 -Fax 898-9551
LEGAL DEPARTMENT
(208) 466-9272 -FAX 466-0405
STAFF REPORT: City Council Date: February 24, 2004
To: Mayor, City Council and Planning & Zoning Commission
From: Sonya Allen, Planner I ,~~
Bruce Freckleton, Senior Engineering Tech
Re: Stokesberry Subdivision No. 2
• Request for Final Plat Approval of Fifteen (15) Commercial Building Lots
on 4.15 Acres in an L-O Zone for Stokesberry Subdivision No. 2, by
Properties West, Inc. (File No. FP-04-011)
We have reviewed the above-referenced submittal and offer the following comments, as
conditions of approval. These conditions shag be considered in full, unless expressly
modified or deleted by motion of the Meridian City Council:
APPLICATION SUNIl~IARY
The applicant, Properties West, Inc., has requested final plat approval for the second phase of
Stokesberry Subdivision, located on the west side of N. Eagle Road, approximately t/z mile
north of E. Fairview Ave. This phase is a re-subdivision of Lots 1, 2, 3 and 4 of Block 1,
Stokesberry Subdivision and includes 15 commercial building lots on 4:15 acres of land.
The submitted final plat complies with the approved preliminary plat (PP-03-026) for
Stokesberry Subdivision No. 2.
Staff recommends approval of the final plat for Stokesberry Subdivision No. 2 with the
comments and conditions stated in this report.
LOCATION
The subject property is located on the west side of N. Eagle Road, approximately % mile north
of E. Fairview Ave., in the NE'/< of Section 5, T.3N., R.lE.
EXIIIBIT "A" 1 OF 3
Mayor & City Council
Hearing Date: February 24, 2004
Page 2 of 3
SITE SPECIFIC REQUIREMENTS
1. Applicant is to meet all terms of the approved Conditional Use Permit (CUP-00-020),
Preliminary Plat (PP-03-026) and Development Agreement (Inst. No. 100052717).
2. ,Submit compaction test results to the Meridian Building Department for any building
pads within lots receiving engineered backfill.
3. Any drainage areas (detention/retention basins) must be designed to ensure that water
will percolate or discharge within a period of time not to exceed 24 hours for all storms
up to and including a 100-year storm event. Side slopes within drainage areas shall not
exceed 3:1.
4. Street signs are to be in place, water system shall be approved and activated, pressurized
irrigation system approved and acfivated, drainage lots constructed, perimeter fencing
installed, and road base approved by the Ada County Highway District prior to applying
for building permits. All development improvements shall be installed and approved
prior to obtaining certificates of occupancy. A letter of credit or cash surety in the
amount of 110% will be required for all fencing, pathways, landscaping, pressurized
irrigation, sanitary sewer, water, etc., prior to signature on the final plat.
5. Sanitary sewer service and municipal water to this development shall be via extensions
from existing mains. Applicant will be responsible to 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.
6. 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.
7. Developer shall coordinate mailbox locations with the Meridian Post Office.
8. Complete the instrument number for the 29' NMID easement indicated on the face of the
plat.
9. Correct the north end of the dimension leader for the S 00°36'05"W 2590.52' line along
the east side of Section 5, to run from the northeast section corner, and verify all
distances referenced, as there appears to be an error.
10. The applicant has indicated that this phase will be a continuation of the Settler's
Irrigation District pressure irrigation system being installed in previous phases. 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, asingle-point connection to
EXHIBIT "A" 2 OF 3
Mayor & City Council
Hearing Date: February 24, 2004
Page 3 of 3
the culinary 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.
11. Complete the Certificate of Owners and accompanying Acknowledgment.
12. Staff s failure to cite specific ordinance provisions or terms of the approved preliminary
plat does not relieve Applicant of responsibility for compliance.
GENERAL REQUIREMENTS
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
imgation/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 imgation.)
3. Install 100-watt, high-pressure sodium streetlights at locations designated by the Public
Works Department. Street light contractor shall obtain an approved design and permit
from 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 City/Rural
Fire Department to determine fire flow requirements. Provide a letter from the Fire
Department stating required fire flow requirements prior to final plat approval.
RECOMMENDATION
Staff recommends approval of the final plat, with the above stated comments and conditions.
EXHIBIT "A" 3 OF 3