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Home My WebLink AboutSTATEMENT OF COMPLIANCE V1E IDI� 11 APPROVED DAT 04ro6/22 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF 59 BUILDING LOTS AND 14 COMMON LOTS ON 17.50 ACRES OF LAND IN THE R-8 ZONING DISTRICT FOR SHELBURNESOUTH SUBDIVISION NO. 1 BY: KIMLEY-HORN & ASSOCIATES APPLICANT HEARING DATE: FEBRUARY 2, 2021 ORDER APPROVAL DATE: FEBRUARY 16, 2021 CASE NO. MFP-2021-0001 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on February 2, 2021 for final plat modification approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, 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 SHELBURNE SOUTH SUBDIVISION NO. 1, LOCATED IN THE SW '/4 OF THE SE'/4 OF SECTION 28, T.3N., R.IE., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2021, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SHELBURNE SOUTH NO. 1 MFP-202 1 -0001 Page 1 of 3 E IDI� 11 APPROVED DAT 04ro5/22 HANDWRITTEN DATE: 12/08/2020, by CLINTON W. HANSEN, PLS, SHEET 1 OF 4," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated February 2, 2021, a true and correct copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein, and the response letter from Kent Brown, Kent Brown Planning Services, a true and correct copy of which is attached hereto marked "Exhibit B" and by this reference incorporated herein. 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: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off -site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off -site and required on -site improvements. 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 Clerk not more than twenty-eight (28) days after the final decision concerning the matter at ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SHELBURNE SOUTH NO. 1 MFP-202 1 -0001 Page 2 of 3 Page 75 APPROVED DAT 04ro6/22 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 of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the February . 2021. Attest: 'tea Chris Johnsorf City Clerk 16th By: i 0 Robert E. Simis6n 2-16-2021 Mayor, City of Meridian day of Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. f r, „j 2-18-2021 By: 1 ; <A; t;' ; .+ Dated: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SHELBURNE SOUTH NO. 1 MFP-202 1 -0001 Page 3 of 3 Page 76 (E IDIAN — APPROVED GAT: 04/05/22 FILE NUMBER FPS-2022aW5 EXHIBIT A REPORT DEVELOPMENT DEPARTMENT HEARING 2/2/2021 DATE: TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 SUBJECT: MFP-2021-0001 Shelburne South No. 1 MFP-2021-0002 Shelburne East No. 3 LOCATION: 4425 S. Selatir Way, 4301 & 4330 E. Bott Ln. and 4320 E. Amity Rd., in the west '/z of the SE '/4 of Section 28, T.3., R.1 E. C � / (flE N I *,=, rAHO I. PROJECT DESCRIPTION Modification to the previously approved final plats for Shelburne East No. 3 (H-2019-0079) and Shelburne South No. 1 (H-2020-0001) to expand the boundary of Shelburne East No. 3 to include one additional (1) common lot and decrease the boundary of Shelburne South No. 1 to exclude two (2) common lots. II. APPLICANT INFORMATION A. Applicant: Kent Brown, Kent Brown Planning Services — 3161 E. Springwood Dr., Meridian, ID 83642 B. Owner: Shelburne Properties — 7440 E. Pinnacle Peak Rd., Ste. 1422, Scottsdale, AZ 85255 C. Representative: Kent Brown, Kent Brown Planning Services — 3161 E. Springwood Dr., Meridian, ID 83642 III. STAFF ANALYSIS The common lots proposed to be excluded from the final plat for Shelburne South No. 1 are Lots 14 and 15, Block 3. Lot 14 is owned by the Bureau of Reclamation and contains the Tenmile Feeder Page 1 OWER� APPROVED 1. The owner does not wish for the property to be included in the subdivision; therefore, the lot is ... o4/o5/22 sed to be removed from the plat. Lot 15 lies on the northeast side of the canal at the southern FUNLW6ER,,F,,.,22. dart' of Shelburne East No. 1 and cannot be included in Shelburne South if Lot 14 isn't included s have to be contiguous and can't be separated by land that isn't a part of the subdivision. To remedy this, the Applicant proposes to amend the boundary of Shelburne East No. 3 to include Lot 15 and amend the boundary of Shelburne South No. 1 to exclude Lots 14 and 15. Because the plats have not yet been recorded, Staff is supportive of the request. IV. DECISION Staff recommends approval of the final plat modifications as proposed with the updated revisions to the plats noted in Section V1. All other previous conditions of approval for the subdivisions shall remain the same. V. EXHIBITS A. Preliminary Plats for Shelburne East (dated: 9/7/2018) and Shelburne South (dated: 9/5/2019) WE DATA PRELIMINARY PLOT FOR � 0 _ +Er SHELBURNE EAST SUBDIVISION K! Ta }-k-,c: r Yi ...� c - 1i 1.4 UNETABM iwEanrlo nor s�rmm�m 1 w' � ...s.. t e IrIr 1 -tww m •1 1A �' � .+ �. � .n'.. y'! r - t,. i Y ..,o�,�. �� iY� �Y � •5• ��+. uR.;• � v.A. 6 � � •�• " PnnsmtcazoniNc �vnwr g� Y4� AE �. .. IY..,,. oC. ! e Y f . e,S. Yfi Y .S. • a ,,,,.,� ...aax ... ..... 8E 1 • ,.e. � . � i AS 6y� + i Z "'""•„'• clsr� t•ae�E KO mom ..ir .2. .Ar .s m 9 s - B 5 o ❑ _ 8844 1�rc i ..ES •.8. , ."` 0 CO co LU Z co co B L-Li r e LAI to Page 2 OWERIDI , APPROVED IV/AGENCY COMMENTS & CONDITIONS DAh: 04/05/22 lanning Division FUNWAMR:F-s 22-5 Ike Specific Conditions: Applicant shall comply with all previous conditions of approval associated with these developments [Shelburne East (H-2018-0112, Development Agreement Inst. #2019-017516; H-2019-0079) and Shelburne South (H-2019-0106, Development Agreement Inst. #2020- 138124; H-2020-0001)] unless otherwise modified by the following: final plat for Shelburne East No. 3 prepared by Land Solutions stamped on 12/8/202 b- Clinton ansen, included in Section V.B shall be revised as follows: a. Note #12: Inclu orded instrument number of the ACHD ' se Agreement. b. Note #17: Include who will in ' in Lot 14, Blo — the homeowner's association is required to maintain all common open as set forth in UDC 11-3G-3F.1. c. Include the recorded ins number of the City eridian pedestrian pathway easement graphic epicted on Sheet 1. d. Incl a recorded instrument number of the Meridian water easemen hically evicted on Sheet 1. 2. The final plat for Shelburne South No. 1 prepared by Land Solutions stamped on 12/8/2020 by Clinton W. Hansen, included in Section V.B shall be revised as follows: a. Note #10: Include the recorded instrument number of the Development Agreement (#2020-138124). SEE PLAT b. Note #12: Include the recorded instrument number of the ACHD License Agreement. SEE PLAT c. Note #13: Include the recorded instrument number of the C�&1,5 ARE NOT RECORDED YET d. Include the recorded Book and Page numbers for Shelburne East Subdivision No. 1 and No. 3 graphically depicted on Sheet 1. SEE PLAT e. Include the recorded instrument number for the existing slope easement graphically depicted on She-1 � D REMOVED THE REQUIREMENT FOR SLOPE EASEMENT f Include the recorded instrument number of the existing ACHD permanent sidewalk easement line in the Legend on Sheet 1 DONE SEE PLAT g. Include the existing ACHD temporary easement graphically depicted on Sheet 1. h. Include the recorded instruum nt number o� e 39' public right-of-way graphically depicted on Sheet 1. DONE SEE PLAT i. Include the recorded instrument number of the existing City of Meridian pedestrian pathway easement graphically depicted on Sheet 1.DONE SEE PLAT j. Include the recorded instrument number of the existing ingress/egress easement graphically depicted on Sheet 1. DONE SEE PLAT Page 8