HomeMy WebLinkAboutCedar Springs No. 5 FP 04-012WHITE PETERSON
KEVIN E. Dm•[us
JULIE KLERI PISCHER
CHmSTOPHER D. GABBERT
Wm. F. GICRAe, III
T. GHY HALLAM *'
JILL $. HOLINKA
JOHN A. KORALIMK'
WILL1Ab1 A. MORROW
W]LL1AM F. NICHOLS"
ATTORNEYS AT LAW
WHITE PETERSON, P.A.
CANYON PARK AT THE IDAHO CENTER
Sy00 E. FRANKLIN RD., SUITE 200
NAMPA, IDAHO 8368y-y90L
TEL (208)466-gz7z
FAx (zo8)466-4405
CHRISTOPHER S. NYE
PHIL[PA. PETERSON
Tonn A. RossmaN
TERRENCE R. WHITE ***
* Also admitted in CA
** Also admitted in OR
*'* Also admitted in WA
March 16, 2004
William G. Berg, 7r.
City Clerk
33 East Idaho Street
Meridian, Idaho 83642
Re: KEVIN HOWELL /CEDAR SPRINGS SUBDIVISION NO. S /
FINAL PLAT - (FP-04-012)
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
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BEFORE THE MERIDLAN CITY COUNCIL
C/C 02/24/04
IN THE MATTER OF THE
APPLICATION OF KEVIN
HOWELL FOR APPROVAL OF 12
COMMERCIAL BUILDING LOTS
AND 5 COMMON LOTS ON 8.55
ACRES IN AN L-O ZONE FOR
CEDAR SPRINGS SUBDIVISION
NO. S, LOCATED
APPROXIMATELY'h MILE WEST
OF N. MERIDIAN ROAD ON THE
SOUTH SIDE OF W. McMILLAN
ROAD, IN THE NE '/. OF SECTION
36, T.4N., R.1W., MERIDIAN,
IDAHO
CASE NO. FP-04-012
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 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:
ORDER OF CONDTI'IONAL APPROVAL OF FINAL PLAT / (FP-04-012)
Page 1 of 4
IT IS HEREBY ORDERED THAT:
1. The Final Plat of "PLAT SHOWING CEDAR SPRINGS SUBDIVISION NO. 5,
A PORTION OF THEW '/z OF THE NE '/ OF SECTION 36 TOWNSHIP 4 NORTH, RANGE
1 WEST, BOISE MERIDIAN MERIDIAN, ADA COUNTY, IDAHO 2004, 11922-
Drafting\dwg\PhaseS\11922PH5FPl.dwg, 01/20/04, HANDWRITTEN DATE: 1-22-04, SHEET
1 OF 3, HOWELL-MURDOCH DEVELOPMENT CORP. -DEVELOPER, J-U-B
ENGINEERS, INC. -ENGINEERS", Kevin Howell, 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 14 SITE
SPECIFIC REQUIREMENTS and 4 GENERAL REQUIREMENTS, a true and con•ect copy of
which is attached hereto marked Exhibit "A", and consisting of four pages, and by this reference
incorporated herein, and the additional requirements from the acfion 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 enfities are submitted, they can
approve this proposal for central sewage and central water; that
plans must be submitted to and approved by 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 cun-ent best
management practices for stormwater disposal and design a
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-04-012)
Page 2 of 4
stormwater management system that is preventing groundwater and
surface water degradation. Manuals for guidance:
1. State of Idaho Catalog Of Stonnwater 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.
1.2 That the reference to Ustick Road within the Staff Report dated:
City Council Date: February 24, 2004 has been revised to reflect
the correct road being McMillan Road instead of Ustick Road. (See
the attached Staff Report as Exhibit "A".)
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 of off-site and required on-site
improvements.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKIIVGS 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
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-04-012)
Page 3 of 4
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 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 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 Z ¢~ day of
T .G 2004.
By:
Tammy erd
Mayor, of Meridian
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Attest: ``~~, ~~ C3F 1u"E~gl~~9,~,~.
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William G. Berg, Jr., City erk 9 ~~ ~ ~`
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Copy served upon Applicant, the Planning~an"d ZonYYlg Deparhr
and City Attorney.
By ~L~-•-+ Dated:
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ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-04-012) ~''~'~
Page 4 of 4
MAYOR
Tammy de Weerd
CITY COUNCIL MEMBERS
Kei[h Birti
William L.M. Nary
Shaun Wardle
Charles M. Rountree
i
n
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CTCY HALL
(208) 888-4433 -Fax 88711613
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887-2211 -Fax 898-9551
LEGAL DEPARTMENT
(208) 466-9272 -FAX 466-4405
STAFF REPORT: City Council Date: February 24, 2004
To: Mayor, City Council and Planning & Zoning Commission
From: Sonya Allen, Planner I ~~
Bruce Freckleton, Semor Engineering Tech
Re: Cedar Springs Subdivision No. 5
• Request for Final Plat Approval of Twelve (12) Commercial Building Lots
and Five (5) Common Lots on 8.55 Acres in an L-O Zone for Cedar Springs
Subdivision No. 5, by Kevin Howell (File No. FP-04-012)
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 SUIVIMARY
The applicant, Kevin Howell, has requested approval for the fifth phase of Cedar Springs
Subdivision, located approximately 'h mile west of N. Meridian Road on the south side of W.
I3stisk McMillan Road. This phase includes 12 commercial building lots and 5 common lots
on 8.55 acres of land. (Per action of the City Council taken at their February 24, 2004, Ustick
Road should be McMillan Road.)
The submitted final plat complies with the approved preliminary plat (PP-02-027). The
preliminary plat was approved under the name of Cedar Springs North Subdivision.
Staff recommends approval of the final plat for Cedar Springs Subdivision No. 5 with the
comments and conditions stated in this report.
LOCATION
The subject property is located approximately % mile west of N. Meridian Road on the south
side of W. Ustisle McMillan Road, in the NE '/< of Section 36, T.4N., R.1 W.
EXHIBIT "A" 1 OF 4
Mayor & City Council
Hearing Date: February 24, 2004
Page 2 of 4
(Per action of the Ciry Council taken at their February 24, 2004, Ustick Road should be
McMillan Road.)
SITE SPECIFIC REQUIREMENTS
1. Applicant is to meet all terms of the approved preliminary plat (PP-02-027) and non-
development agreement (Inst. No. 103192357).
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 acfivated, pressurized
irrigation system approved and activated, 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. The Landscape Plan prepared by The Land Group, Inc. dated 1/21/04 is approved as
submitted.
6. Sanitary sewer service and municipal water to this development shall be via extensions
from mains being installed in previous phases. 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.
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.
8. Developer shall coordinate mailbox locations with the Meridian Post Office.
9. 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
EXHIBIT "A" Z OF 4
Mayor & City Council
Hearing Date: February 24, 2004
Page 3 of 4
source of water. If a creek or well source is not available, asingle-point connection to
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.
10. Complete the Certificate of Owners and accompanying Acknowledgment.
11. Please clarify the dimensions north of Lots 6-8, Block 37 as it is hard to determine which
lines they refer to.
12. Please correct the distance shown along the north boundary (566.31'), as the length of
the easement as it appears to be in error.
13. Please add or revise the following plat notes:
(10. & 14.) Complete the recording information lines.
(12.) Correct spelling of "access".
(16.) The bottom elevation of structural footing shall be set a minimum of 12-inches
above the highest established normal ground water elevation.
Clarify the maintenance responsibilities between notes 7 and 14, as they are now in
conflict with each other.
14. Staffls 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
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 and 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.
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.)
EXHIBIT "A" 3 OF 4
Mayor & City Council
Hearing Date: February 24, 2004
Page 4 of 4
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.
EXI3IBIT "A" 4 OF 4