HomeMy WebLinkAboutZ - Approved Order BEFORE THE MERIDIAN CITY COUNCIL
HEARING DATE: NOVEMBER 21, 2023
ORDER APPROVAL DATE: DECEMBER 5, 2023
IN THE MATTER OF THE )
REQUEST FOR FINAL PLAT )
CONSISTING OF 48 BUILDING ) CASE NO. FP-2023-0013
LOTS AND 8 COMMON LOTS AND )
1 OTHER LOT ON 9.8 ACRES OF ) ORDER OF CONDITIONAL
LAND IN THE R-15 ZONING ) APPROVAL OF FINAL PLAT
DISTRICT FOR AVIATION )
SUBDIVISION. )
BY: JADON SCHNEIDER, )
BRONZE BOW LAND )
APPLICANT )
This matter coming before the City Council on December 5, 2023 for final plat 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 AVIATION SUBDIVISION, LOCATED
IN THE SW 1/4 OF THE SW 1/4 SECTION 10, TOWNSHIP 3N, RANGE 1W,
MERIDIAN, ADA COUNTY IDAHO, 2023, STAMPED BY CODY M.
MCCAMMON, PLS, SHEET I OF 6," is conditionally approved subject to those
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR AVIATION SUBDIVISION FP-2023-0013
Page 1 of 3
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 November 21, 2023, a true and correct copy of
which is attached hereto marked "Exhibit A" 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
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
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR AVIATION SUBDIVISION FP-2023-0013
Page 2 of 3
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 5th day of
December , 2023.
By:
Robert E. Simison 12-5-2023
Mayor, City of Meridian
Attest:
Chris Johnson 12-5-2023
City Clerk
Copy served upon the Applicant,Planning and Development Services Divisions of the Community
Development Department and City Attorney.
By: Dated: 12-5-2023
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR AVIATION SUBDIVISION FP-2023-0013
Page 3 of 3
EXHIBIT A
STAFF REPORT E COMMUNITY
N --
COMMUNITY DEVELOPMENT DEPARTMENT p`
HEARING 11/21/2023
DATE: Legend
TO: Mayor&City Council RProject Location o
FROM: Linda Ritter,Associate Planner �,
208-884-5533 ,
SUBJECT: Aviation Subdivision FP-2023-0013 —'---
� � h
LOCATION: The site is located near the northeast
comer of N. Black Cat Rd. and W. ®' -
Franklin Rd. to the north and northeast '
of Compass Public Charter School,in the '------
SW'/4 of the SW'/4 of Section 10,
Township 3N.,Range 1W.
L PROJECT DESCRIPTION
Final Plat consisting of 48 buildable lots(6 single family attached lots, 31 townhomes lots 2 detached
single-family,and 9 multi-family lots)8 common lots,and 1 other lot on 9.8-acres of land in the R-15
zoning district. The Applicant also requests approval of private streets within the development(Le.
W. Director Ln.)for access to the proposed multi-family units.
II. APPLICANT INFORMATION
A. Applicant:
Jadon Schneider,Bronze Bow Land—3625 N. Carr Lane,Garden City,ID 83714
B. Owner
Larry Jacobson,Aviation Park LLC, 6956 W. 13700 S,Herriman,UT 84096
C. Applicant Representative:
Same as Applicant
III. STAFF ANALYSIS
Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary
plat(H-2021-0096) as required by UDC 11-6B-3C.2. The submitted final plat is for the same number
of building lots and common area as approved with the preliminary plat; therefore,the proposed plat
is in substantial compliance with the approved preliminary plat as required.
Page 1
Private Streets
Staff has reviewed the application for private streets within the development as shown on the final
plat. The streets are proposed to be located in common lot in the subdivision and will connect to a
local street;the point of connection of the private street to the public street is subject to approval by
ACHD. The Fire Dept. has approved the request contingent upon both sides of the street being signed
"No Parking Fire Lane."No gates or other obstacles are proposed or approved at the entries of the
private streets. The Director has tentatively approved the request subject to completion of the tasks
listed in UDC 11-3F-3B within one (1)year in accord with the Findings listed in Section VII below.
Alternative Compliance
The applicant has requested alternative compliance to the standards listed in UDC 11-3B-7C.3,which
requires:
`All required landscape buffers along streets shall be designed and planted with a variety of
trees, shrubs, lawn, or other vegetative ground cover.Plant materials in conjunction with site
design shall elicit design principles including rhythm, repetition, balance, and focal elements."
The request is for an alternate compliance for the required street buffer trees within the 20-foot buffer
on the south side of the W.Aviator extension. Baron Properties,the developer to the south of the
Aviator Subdivision project,is proposing to complete the landscaping improvements within the
specified area as part of their own development project. They have submitted a formal letter
committing to fulfilling the landscaping requirements for the southern frontage of W. Aviator Street.
The argument presented in favor of this request is that Baron Properties'commitment to fulfilling this
requirement would eliminate the need for duplicating efforts and could potentially achieve the
intended goal of the regulation equally or even more effectively than the original requirement.
The applicant also requested an alternative compliance to the standards listed in UDC 11-3B-12-C.2
Pathway Landscaping which requires:
"The landscape strips shall be planted with a mix of trees, shrubs, lawn, and/or other vegetative
ground cover. There shall be a minimum of one (1) tree per one hundred(100) linear feet of
pathway.If this calculation results in a fraction of five(S) or greater, round up to an additional
tree; if the calculation results in a fraction less than five (S), round the number down."
The area on the north side of West Topeka Street,within an easement granted to the Nampa&
Meridian Irrigation District(NMID).Historically NMID has not permit trees within their easements.
Due to this restriction,the applicant is making a request to exclude this area from the total required
tree landscaping calculations. Instead,they propose utilizing it as a grassy area,which aligns with
NMID's restrictions and is practical considering the historical context.
IV. DECISION
A. Staff:
Staff recommends approval of the proposed final plat with the conditions of approval in Section
VI of this report. The Director has approved the request for private streets within the development
per the conditions in Section VI.
Page 2
V. EXHIBITS
A. Preliminary Plat(date: 12/1/2021)
PRELIMINARY PLAT
FOR
ua'•v �• «��• AVIATION SUBDIVISION
LOCATED IN THE W OF THE SW'/,OF SECTION 10 T.3N.,RAW.,B.M.,
ADA COUNTY,IDAHO _
n,o.,_:.„w�•,p DECEMBER 2021
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Page 3
B. Final Plat(date: 9/18/2023)
Plat Showing IV
A viation Subdivision
Situated in the West 1/2 of the Southwest 1/4 of Section 10,
Township 3 North, Range 1 East, Boise Meridian, �L
City of Meridian, Ada County, Idaho. '7C
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VI. CITY/AGENCY COMMENTS & CONDITIONS
A. Planning Division
Site Specific Conditions:
1. Applicant shall comply with all previous conditions of approval associated with this
development: H-2021-0096 (Preliminary Plat);H-2020-0111,Aviator Sub. CPAM,MDA,
RZ; DA Inst. 42021-067235).
2. The applicant shall obtain the City Engineer's signature on the final plat within two (2)years
of the date of approval of the preliminary plat(i.e. by April 19,2024),in accord with UDC
11-6B-7,in order for the preliminary plat to remain valid; or,a time extension may be
requested.
3. Per City Council,no residential building permits shall be issued for the subject site until a
means of secondary public road access is available to the site and approved by the Planning
Division and Meridian Fire.
4. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the
accompanying acknowledgement signed and notarized.
Page 7
5. The final plat shown in Section V.B,prepared by Idaho Survey Group,LLC, stamped on
09/18/23 by Cody M.McCammon, shall be revised prior to signature on the final plat by the
City Engineer,as follows:
Plat Notes:
a. Note 910: Include the recorded instrument number of the ACHD permanent
easement.
b. Note 912: Include the recorded instrument number of the Purdam Gulch Drain
easement.
c. Note 413: Add a recorded instrument number for the City of Meridian Sanitary
Sewer easement.
d. Note 416: Include the recorded instrument number of the ACHD temporary
easement.
e. Note 417: Include the recorded instrument number of the ACHD bridge/culvert
maintenance easement.
f. Note 418: Include the recorded instrument number of the City of Meridian easement.
6. Prior to the City Engineer signature on the final plat,the applicant shall submit a license
agreement from the Nampa Meridian Irrigation District(NMID)and provide a copy of a
separate easement for the piped ditch.
7. Applicant shall continue working with ACHD on the extension of W. Aviator Street,the
Applicant shall extend W. Aviator to the east property boundary OR construct it to terminate
no greater than 150 feet east of the proposed local street and provide a road trust to ACHD
for the remaining portion of Aviator.
8. Future development shall be consistent with the minimum dimensional standards listed in
UDC Table 11-2A-7 for the R-15 zoning district and those listed in the specific use standards
for multi-family development,UDC 11-4-3-27.
9. Future development shall comply with UDC 11-3A-7 and UDC 11-3A-6 for any future
fencing constructed within the development.
10. The Applicant shall comply with all ACHD conditions of approval.
11. The Applicant shall obtain Administrative Design Review approval for the single-family
attached units and townhome units prior to building permit submittal.
12. The Applicant shall obtain Certificate of Zoning Compliance and Administrative Design
Review approval for the multi-family development prior to building permit submittal.
13. The landscape plan prepared by Paul Norberg,dated 09/12/2023,included in Section V.C,
shall is approved as submitted.
14. The private streets are approved subject to completion of the tasks listed in UDC 11-3F-3
within one year. Documentation of such shall be submitted to the Planning Division in order
to receive final approval.
15. The private streets within the development shall be 26-feet wide and constructed in accord
with the standards listed in UDC 11-3F-4B.2. Gates or other obstacles restricting access are
not approved.
16. Submit documentation from ACHD that they have approved the point of connection of the
private streets to the public streets as required by UDC 11-3F-4A.2 with submittal of the final
plat for City Engineer signature.
Page 8
17. "No Parking Fire Lane" signs shall be erected on both sides of the private streets within the
development per requirement of the Fire Dept. and UDC 11-3F-4B.2d.
18. Staffs failure to cite specific ordinance provisions or conditions from the preliminary plat
and/or development agreement does not relieve the Applicant of responsibility for
compliance.
B. PuBuc WORKS
https://weblink.meridianciToEg/RebLinkIBrowse.aspx?id 310491&dbid O&repo MeridianCit
Y
C. IDAHO TRANSPORTATION DEPARTMENT
https://weblink.meridiancity.org/WebLink/DocView.aspx?id 311210&dbid 0&repo MeridianC
i &cr1
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