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HomeMy WebLinkAboutZ - Approved Order BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: SEPTEMBER 10, 2024 ORDER APPROVAL DATE: SEPTEMBER 24, 2024 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF FOUR(4) ) CASE NO. FP-2024-0003 BUILDING LOTS AND ONE (1) ) COMMON LOT ON 15.99-ACRES ) ORDER OF CONDITIONAL OF LAND IN THE R-40 AND C-G ) APPROVAL OF FINAL PLAT ZONING DISTRICTS FOR ) MCDERMOTT VILLAGE ) SUBDIVISION NO. 1. ) BY: KIMLEY-HORN ) APPLICANT ) This matter coming before the City Council on September 10, 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 MCDERMOTT VILLAGE SUBDIVISION NO. 1, SITUATED IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2024, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MCDERMOTT VILLAGE NO. 1 FP-2024-0003 Page 1 of 3 HANDWRITTEN DATE: 6/14/24,by MICHAEL S. BYRNS, PLS, SHEET 1 OF 5," 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 September 10, 2024, 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. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MCDERMOTT VILLAGE NO. 1 FP-2024-0003 Page 2 of 3 Please take noticethat 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. 24th By action of the City Council at its regular meeting held on the _____________ day of September ________________________,2024. By: Luke Cavener, Council President 9-24-2024 Attest: Chris Johnson 9-24-2024 City Clerk Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. 9-24-2024 By:Dated: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FORMCDERMOTT VILLAGE NO. 1 FP-2024-0003 Page 3of 3 EXHIBIT A STAFF REPORTC�WEI� DIAN -- COMMUNITY DEVELOPMENT DEPARTMENT I D A H O HEARING 9/10/2024 Legend ® ®� DATE: Project Location ® �t 0 TO: Mayor&City Council ::: Area of Impact City Limits FROM: Sonya Allen,Associate Planner Analysis 208-884-5533 SUBJECT: McDermott Village No. 1 —FP,PS FP-2024-0003;A-2024-0078 LOCATION: Generally located at the NWC of W. Ustick Rd. and future SH-16 at 3235 N. McDermott Rd., in the SE 1/4 of Section 32. TAN., R.W. I. PROJECT DESCRIPTION The Applicant requests approval of a final plat(FP) consisting of four(4)building lots and one(1) common lot on 15.99-acres of land in the R-40 and C-G zoning district; and six(6)private streets (PS)within the multi-family portion of the development,by Kimley Horn. II. APPLICANT INFORMATION A. Applicant Nicolette Womack,Kimley-Horn—950 W. Bannock St., Se. 1100,Boise, ID 83702 B. Owners: Pacific McDermott Village Apartments,LLC—430 E. State St., Ste. 100, Eagle, ID 83616 Woodside Avenue Investors, LLC— 1132 E. Laguna Shore Ln., Eagle,ID 83616 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2022-0056)in accord with the requirements listed in UDC 11-6B-3C.2. In order for the proposed final plat to be deemed in substantial compliance with the approved preliminary plat as set forth in UDC 11-6B-3C.2,the number of buildable lots cannot increase and the amount of common area cannot decrease. Staff has reviewed the proposed final plat and there is no Page 1 increase to the number of buildable lots and the amount of common open space is the same; therefore, Staff deems the proposed final plat to be in substantial compliance with the approved preliminary plat as required with the conditions noted in Section VI below. The proposed private streets are depicted on the exhibit in Section V.E. IV. DECISION Staff recommends approval of the proposed final plat and tentative approval of the proposed private streets with the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat(dated: 10/25/21) mvr.cY®. OHWI'NVI1I13N yVll'o,( -LVld A8VNIW1138d Ujo N<Aa�UJ� 3sv iin uowa3a�N ��'� €'a 8 T �9 9" •9Y o� m L r rover _ - �_— �' a vmroassvrox - - _ � C c 5 �y� f rnxd.0. T J Page 3 B. Final Plat(dated: 06/14/24) ir 3IAFIa l A fjE �KMli ,�_, a u'o— a � as�d�a 9 "s a 9 t ao GY as3..b I ,12 m ON I I I I I abgi? p v, m° d ti v m.- g s 9fr I Eli =i O 8 - 'a Ex6t y c�'e a �� b i k p2 E nz- 9 °� B a rn t Z— pJ. q y� a oof a €6 s O C ap is is € _j, n, !. 3- s s a fie ® W 8 oyy.,'ed ^L] 0 ;jTd- s z '2a� fE g 6 � m �o I i V bra€$11fi� U e ss :? ts., 3 o ra "fin o sa s_ a3 - u 8«fr s€op a Y" Y Al YE ggS��s� � 8 a" 6fi g �Es e e a H .9- 91 s 3 ed As — �; � 6E� $t'' ff. o s a a a= - 's s e aQ §s i» a�s� aY x gs p3fr s ss o as�a b o 6 15 p "e Ea fi s M -Ffi § Bfi F6 S, a fi €^ Mg si_ Hv I n N .BO'LIGI M.9GAFa05 plgnd7 Pa ilouuaryW•N N iA L , 3,3 a M•1506.0.�0 �' S,16j g Wo a Hl�i 6� I wr rwdea N �6a - .as'tM 3.Lo,rc.00N Pa7i14-a I P.;md-n roans vbw oaw o I 8 S� I I = C18 - �:5 C. Landscape Plan(dated: 04/30/2024) 0 ` JET d o�w w ZO.0 ash-paxiw aaowiada W tl a€o,d ? w g 13S 07%00L 9D.1 'f f a•. sLU LU 01 ¢e¢a¢e¢am eaa¢ �I �f u tl ERR7G dlG 9�I���i��1BiB ��Ea�A1 J' v s, s Hill Hill s Hil E o �o - as Kasn_ w Page 5 D. Noise Abatement Berm/Wall Details&Cross-section 0 z 0 w< N zz"'m w Joz -wo Z QO Qw �� 3z— � II== II I a a�—III b II—III—II �� IIIIIIIIIIIIIIilllll - I��Iw -ate } ladTor— ¢ = III o �? M U i�i 0 'a "�m IIIIII 1 11IIIIIIIIII U 0 —III—III—I — I—III—III o — IIIIIIIIIIIIIIIIIII � III—III—III - - IIII III—II III—III—III o J IIIIIII—III—III Z I III III 1Q o IIIII III III N .III I IIIIIIIIII a m< I I I—III—I o IIIIIIIIIIiIII��IIII � �� IIII "1=ado=11 Ill�o I=Now � oN III" a. CVO oNdal'Nvlalaaw —� Ll.lOHK</(ajuu.A S1N3W3AOadwl IIA LLOW:RQOh 96 u I1,40 S"IIV134 S �•::z�:"^" I II II,_III,I,I,II IIII,II IVIL ?II III � � ���bb YR Y•>; 4§Yk Ye Sb y �g�4YYY•55 � ��I I_ � b� I. �O II I -. _____—_ — �f 15 aa:e e � tl i .xaa•v +45%R•"} C� � __ILA_ _I $ I :e� � � � �e�b. ��� � � • fic, F € o s it e ��tl tl m F, S tle II I I Ei §@ oil 114 �a Page 7 oa+ral'NVlalaaw 11�0�-J<((/�a�LUr slNawanoadwl $ too t (S d0 d 3111 a j ar U 8 NVId 31MAO 9NIAVd e" OZ zz z ©900®0® aQa44QOOQ0 n1l, M] AH53353NI1H�1NAge6� g I I I I all 11111H ¢¢ { II I , III `JiM III I I ' II I II'AVS Ive 81 a 11 z5R� I Va II I I ng I I� •,�,1p �0 I II n� Sa ,I ll' Q I g w 4tli -• In oHval'rlvlala3w UJOH«<Rajwr s1N3w3Aoadwl (sdor)3lldoad R NVM 3LSddO DNIAW 8 o.HN. 3F€� 5=qElfy a s;r.1.0 ON r n . I ' t I sfii ' of i R as - 3 NagpB IF i ena �tl2 gg@ ii Os sh pan ' ��v� - C �q V o ! $o ,Ianis l hl ppz H I py m e ES 99 �' kg SS G� .;•'s..a <: ' g$y}yd¢je9 4� b g b �' � �E fa'5�133H53353NI1H�IVNY Iv R R A �EH1�M �aaaaaaaa a Y VI — I 3aEoF� I I` Page 9 E. Private Street UJOH«<ADjwr OHVaI'NV1ORl3w 3EW-111A 110Wa3a7W n o 1191HX33WVN M3 LLS 31VAINd HIM� ,jw,I Mli�a�° I -------------- e LWlJJI I I I'I I I'm I I A I I I I I III I LW 111W l l l III l'l l l l I 4 OHtldl'NtlI01i13W LI.IU}{(K/�ajLll.A L3SVHd 3OYnIALLOMWi )W �" a DAR11!111 U a- An §IF u' k BBB 8 .s;as 0 e x j gWg `6 G9aa55 s�' q , �a e g w� Milt, ilt,�� i °oi�e� Fe Oil k� F Note: Detail#2 depicted as"alley" should be private street(no alleys are approved). Page 11 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division 1. The Applicant shall comply with all previous conditions of approval associated with H-2022- 0056(McDermott Village—A7, CUP,PP,VAR),including the provisions in the Development Agreement(Inst. #2023-019413), for this site. 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 December 20,2024),in accord with UDC 11-613-7,in order for the preliminary plat to remain valid; or, a time extension may be requested. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgment signed and notarized. 4. The final plat prepared by Idaho Survey Group, LLC, dated: 06/14/2024, included in Section V.B shall be revised as follows: a. Note#9: Include the recorded instrument number of the CC&R's. b. Note#14: Include the recorded instrument number of the ACHD permanent easement. c. Note#15: Include the recorded instrument number of the Eight Mile Lateral easement. d. Note#19: Include the recorded instrument number of the cross-access easement. e. If the 10-foot wide multi-use pathway along N. Alameda Creek Ave. adjacent to future SH- 16 is located outside of the public right-of-way, graphically depict a 14-foot wide public use easement for the pathway and include the recorded instrument number of the easement. f. Depict common lot(s)for the proposed private streets that provides access to all properties served by such private streets,in accord with UDC 11-317 4A.1. A copy of the revised plat shall be submitted with the final plat for City Engineer signature. 5. The landscape plan prepared by Pivot North Architecture, dated 4/30/2024,included in Section V.C, shall be revised as follows: a. Depict landscaping within street buffers in accord with the standards listed in UDC 11-3B- 7C.3.See standards for specific requirements. b. Depict landscaping along all pathways as set forth in UDC 11-3B-12C; include a calculations table that demonstrates compliance. See standards for specific requirements. c. Include tree classifications and size of trees and shrubs in the plant legend in accord with the minimum standards listed in UDC Table 11-3B-5-2 and 11-3B-7C.3. A copy of the revised plan shall be submitted with the final plat for City Engineer signature. 6. Noise mitigation shall be provided within the street buffer along future SH-16 in accord with the standards listed in UDC 11-3H-4D for residential uses adjoining a state highway. The wall shall be staggered every 300 linear feet as proposed. Prior to signature on the final plat,the Applicant shall submit manufacturer specifications demonstrating the wall is of a sound attenuating material appropriate adjacent to a state highway.A colored detail of the wall shall also be provided that demonstrates an aesthetic quality appropriate next to a state highway. 7. The proposed private streets are tentatively approved. The Applicant shall have one (1)year (by 9/4/25)to complete the tasks listed in UDC 11-3F-3B. Upon completion of these tasks, the Director shall issue a letter stating that the private street has been approved.No building permit shall be issued for any structure using a private street for access to a public street until the private street has been approved. 8. All private streets shall be posted as fire lanes with no parking allowed. In addition, if a curb exists next to the drive aisle,it shall be painted red in accord with UDC 11-317 4B.2d. 9. All private streets shall have a travel lane width of 26-feet and shall comply with the design and construction standards listed in UDC 11-3F-4. 10. Alleys are not approved with this application; all access drives within the multi-family portion of the development in Lot 1,Block 2 shall be constructed as private streets. 11. A 14-foot wide public use easement shall be submitted to the Planning Dept. for the 10-foot wide multi-use pathway located within the street buffers along N. Alameda Creek Ave. adjacent to SH- 16 if the pathway is located outside the adjacent right-of-way prior to submittal of the final plat for City Engineer signature. 12. The subject final plat shall be recorded prior to issuance of building permits for any structures within this development per requirement of the development agreement. 13. 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.meridiancily.orglWebLinkIDocView.aspx?id=357362&dbid=0&repo=MeridianC iv C. Department of Environmental Quality(DEQ) https:llweblink.meridiancity.orglWebLinkIDocView.aspx?id=359200&dbid=0&repo=MeridianC ity F. Idaho Transportation Department(ITD) https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=360549&dbid=0&repo=MeridianC VIL PRIVATE STREET FINDINGS: In order to approve the application,the Director shall find the following: 1. The design of the private street meets the requirements of this Article; The Director finds the design of the proposed private streets comply with the standards listed in UDC 11-3F-4. 2. Granting approval of the private street would not cause damage hazard,or nuisance, or other detriment to persons,property,or uses in the vicinity; and The Director does not anticipate the proposed private streets would cause any hazard, nuisance or other detriment to persons,property or uses in the vicinity if they are designed as proposed and constructed in accord with the standards listed in UDC 11-3F-4B. Page 13 3. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. The Director finds the use and location of the private streets within the multi family development does not conflict with the Comprehensive Plan and/or the regional transportation plan. 4. The proposed residential development(if applicable)is a mew or gated development. This finding is not applicable as the proposed private streets are for a multi family development.