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HomeMy WebLinkAboutZ - Approved Final Order BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: APRIL 23, 2024 ORDER APPROVAL DATE: MAY 7, 2024 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 30 BUILDING ) CASE NO. FP-2023-0032 LOTS AND 12 COMMON LOTS ON ) 8.072 ACRES OF LAND IN THE R-8 ) ORDER OF CONDITIONAL ZONING DISTRICT FOR ) APPROVAL OF FINAL PLAT FOXCROFT SUBDIVISION NO. 3. ) BY: KENT BROWN PLANNING ) APPLICANT ) This matter coming before the City Council on April 23, 2024 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 FOXCROFT SUBDIVISION NO. 3, LOCATED IN THE SE '/4 OF THE NE '/4 OF SECTION 10, TOWNSHIP 3N., RANGE 1 W., BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2024, HANDWRITTEN DATE: 2024, by CODY M. MCCAMMON, PLS, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(FOXCROFT NO. 3—FILE#FP-2023-0032) Page 1 of 3 SHEET I 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 April 23, 2024, a true and correct copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein, and the response letter from April 11, 2024, 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 issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(FOXCROFT NO. 3—FILE#FP-2023-0032) Page 2 of 3 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 7th day of May 2024. By: Robert E. Simison Mayor, City of Meridian 5-7-2024 Attest: Chris Johnson City Clerk 5-7-2024 Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 5-7-2024 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(FOXCROFT NO. 3—FILE#FP-2023-0032) Page 3 of 3 EXHIBIT A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 4/23/2024 Legend DATE: _rLi C-G Project Location C- 0 �c7 TO: Mayor&City Council _4 ' Rd ® R4 FROM: Stacy Hersh,Associate Planner �� R-8 208-884-5533 8 SUBJECT: Foxcroft No. 3 FP RU: R=� 5 �R=8 FP-2023-0032 ' �1-5 R-15 ��R-1�5 C-;C,J R1'S LOCATION: Phase 3 is located at 3720 W. Pine R 15 Avenue, in the SE 1/4 of the NE 1/4 of RUT _ R-15� - Section 10,Township 3N,Range 1W. TN-R C-G -M. . RU R;r40 ®R-15 jR,-15 R 15 ® C-N I-L_ _RUT R1 R�g R 15 RUT I. PROJECT DESCRIPTION Final Plat consisting of 30 residential building lots and 12 common lots on approximately 8.072 acres of land in the R-8 zoning district,by Kent Brown Planning. II. APPLICANT INFORMATION A. Owner: Corey Barton,Viper Investments— 1977 E. Overland Road, Meridian,ID 83642 B. Applicant Representative: Kent Brown,Kent Brown Planning—3161 E. Springwood Drive,Meridian, ID 83642 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2020-0113) and associated conditions of approval as required by UDC 11-6B-3C.2. There are two (2)more building lots depicted on the proposed final plat compared to the number indicated on the approved preliminary plat(32). However,the proposed final plat for Phase 2 depicted eight(8) fewer buildable lots compared to the number indicated on the approved preliminary plat. Additionally,there was one(1)less lot in Phase I than originally planned. The submitted final plat depicts the required street buffers and pathways as required by the Development Agreement(Inst. # 2021-126693)and the same amount of common open space as previously approved. Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as required. Page 1 IV. DECISION A. Staff: Staff recommends approval of the proposed final plat with the conditions of approval in Section VI of this report. V. EXHIBITS A. Preliminary Plat(dated: February 202 1) PRELIMINARY PU7 FOR 3; SUBDIVISION V --------------------- -- --------- w"Na'" 0 �U...... T­/ Q>_ A PLAN SHEET INDEX HEET E I TI k E L-T H=I U. I IU I IT TE LETS T EEr ENL L-T E T-LE T& I \0 I T- • %1 T, EL T,.LE ry, IT,-AR I­1T ­1 T b L1.-1T­­T--.TT­­ T--.TT iE1_1F— E > z D�11 I I T 1. ITT TI %-E.T I T T1 ET F > �F, W Te, IL EE� W x T =7- 0 L F­ TT Page 2 B. Final Plat roxcanrT SUBDIVISION AU --------- Q w till 1 ` b a...T°Mr� 111 r'_s:: �_- - � '~- :��--'off, •'�, gewr e I .O A •u•ra t s•r,r �1�,Ir ,.� V o ----- � SCALE M FEET MEND xv' m .rvr.- - _~ �•y •------^ ------ n, r ,.r urn.>ti ,• ms r uw �'sn •' mw m x i ----- ------------I • w r]Y' »x ro' ero,rmt SFS,OT �`� r•` O p ,�P • .m wm eve.u nns �. �a • .r w �°r F-T OF 1 t O ­j L nrrs �W nee C Jc/afiey Engineering,Inc. SEE MEET I OF 4 CmLEMEIMEERIMGIP MFncICADU FOR MOTES SHEET 2 OF Page 3 C. Landscape Plans(Revision date: 2/12/2024) -. IPLAur SCNepuue ,\\� +.fin- �• w i3 3N1 m wne �Y ocr�5 1 — , _ , 7 g --------------------------- N---0------- j ------®-- MOM _ z U �,aNN 11 1 -- :0-- _ .1 ----- 1 ® Z m 11 0 ----------- N y 0 Z 0 J m W 1 D 1 Ar •`y ,1,•1 1 --�- _ �BLOC�s __. JENSE J IL Q arc z -- -- L1 PLANT ee HFPA.F s S ,.....:.,.a,.=..,. . w.,.. W�E Oj SSE P1PNiIN6hiAKIN6 ®6'!.ESERw.nNG CEOPR PENCEvwwu �w exm�.n«. ,•.rna—.M. NOTES Q o w N 0. N f O51ELPGK IP.1pN OPEN VISION rgjCL. wg= ,�.�...,.—.,w„.pu,. Q ill IJ D 1 v ....��......�.�......,.a,... Q F Q d Q } e 'l "®` LANDSCAPL CALCULATIONS U J O Q X J p PLPN EF N BED ED6E mK�a� ._ .� z o rc � 4 F J�wscran Page 4 D. Common Driveway Exhibits T '. . I . I �; f ---- r` r / ---- t I + _ i . lp ; \ tea, so �x LIM AMAR - -------- >i I III WY x so as R ICJ• �AKA 3 ,ad SP I1 0. >I ±------ ----- ----- - NOEL LOT 32, BLOCK 5 SHARED ACCESS FOR LOTS 33. 34 & 35 BLOCK 5 20 a 10 2a 40 SCALE IN FEET r r Ll1YPW 1 9'..�, s1,.o.41.� ailey Engineering, Inc. 27 r—W iiuS M.,ft WAQ 2D'�SHARFO/ DRIV/}E1hAY C IV]LEHGINEERINGIPLANNINGI CAD D TYPICAL PICAL SECTKI I I'I I I!;..I:L s 111 :LL 'dhf16YLV�: _Lrrmn NOT i17 SCALE Page 5 I I I �OCK 3.0- " I I I ' SM IV I I a�-re MF I I I I r �, .• ,. ,ad II AY ----------------------- 4-------------------------......a 4 r LOT 24. BLOCK 5 .� < SHARED ACCESS FOR "' LOTS 22c 23 BLOCK 5 Q SCALE IN FEET 1.- . a r r� owe a � r ew"a ►+7GY[M lr„¢, fg,�r illy Engineering, Inc. dr_WIMA 20' SHARED DRIVE1hAY CMLENGIHEMUNGIPL4NHIHGI CAD TYPICAL SECTION +,i9��uitsnoii SMIL31U e}wu MO'T i4 SC&E Page 6 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-2020-0113 (DA Inst. #2021-126693);A-2022-0088 (Foxcroft No. 1 Pathway ALT); FP-2021-0049;A-2022-0184(CZC and DES);A-2022-0224(Foxcroft No. 2 pathway ALT); ;FP-2023-0031; ESMT-2024-0043 (Pedestrian Pathway Easement). 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years of the City Engineer's signature on the previous phase final plat(i.e.by February 13, 2026); or apply for a time extension,in accordance with UDC 11-6B-7. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat shown in Section V.B,prepared by Bailey Engineering,by Cody M. McCammon, is approved with the following conditions to be completed at the time of Final Plat Signature: a. Plat Note#11, add a reference regarding the maintenance of the common drives. b. Plat Note#12,include recorded instrument number. c. Plat Notes#14,include recorded instrument number. d. Add Note#15, include the recorded instrument number of the existing City of Meridian Development Agreement. e. Add Note#16, include the recorded pathway easement number(ESMT-2024-0043) on the plat. 5. The submitted landscape plans,as shown in Section V.C,prepared by Bailey Engineering, with a revision date of 2/12/2024,is approved as submitted shall be revised prior to submittal of the final plat for City Engineer signature, as follows: a. Stormwater swales incorporated into required areas shall be vegetated with grass or other appropriate plant materials. Such swales shall also be signed to accommodate the required number of trees as per Section 11-3B-7 if located in a street buffer or other required landscape area in accordance with UDC 11-3B-11. b. The Ten Mile Drain shall be protected during construction of the subdivision in accordance with UDC 11-3A-6. c. Provide a detail of the covered shelter on the landscape plans submitted with the final plat for signature. 6. Staff s 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. PUBLIC WORKS https:llweblink.meridianciV.org/WebLink/DocView.aspx?id=341644&dbid=0&r0o=MeridianC hty Page 7 C. IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:llweblink.meridiancily.orglWebLink/DocView.aspx?id=343053&dbid=0&redo=MeridianC ity D. IDAHO TRANSPORTATION DEPARTMENT(ITD) https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=341787&dbid=0&redo=MeridianC Page 8 Charlene Way From: kent brown <kentlkb@gmail.com> Sent: Thursday, April 11, 2024 11:58 AM To: Stacy Hersh Cc: Bill Parsons; Bill Nary; Kurt Starman; Chris Johnson; Tina Lomeli; Charlene Way Subject: Re: Foxcroft Subdivision No. 3 Final Plat Staff Report - FP-2023-0004 lfExteurunalll Seiindeur-Please use caution with links or attachments. We have reviewed the conditions of approval and can comply with these requirements Kent Brown On Thu,Apr 11, 2024 at 9:49 AM Stacy Hersh <shersh@meridiancity.org>wrote: Good Morning, Attached is the staff report for the final plat for Foxcroft Subdivision No. 3. This item is scheduled to be on the consent agenda at the City Council work session on April 23, 2024. The meeting will be held at City Hall, 33 E. Broadway Avenue, beginning at 4:30 pm. Please call or e-mail with any questions. If you are not in agreement with the provisions in the staff report, please submit a written response to the staff report to the City Clerk's office (comment@meridiancity.org) and me as soon as possible and the item will be placed on the regular meeting agenda at a subsequent meeting for discussion. Best regards, Stacy Hersh I Associate Planner City of Meridian I Community Development Department 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: (208)-489-0576, Fax: (208)-887-1297 i Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention,and may be released upon request,unless exempt from disclosure by law. Kent Brown Kent Brown Planning Services 3161 E. Springwood Drive Meridian, ID 83642 P: 208-871-6842 2