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HomeMy WebLinkAboutZ - Approved Order BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: AUGUST 12, 2025 ORDER APPROVAL DATE: AUGUST 19, 2025 IN THE MATTER OF THE ) REQUEST FOR MODIFICATION ) TO THE FENCING TYPE ) CASE NO. MFP-2025-0002 APPROVED WITH THE FINAL ) PLAT FOR SOUTHRIDGE SOUTH ) ORDER OF CONDITIONAL NO. I ALONG THE RIDENBAUGH ) APPROVAL OF FINAL PLAT CANAL. ) MODIFICATION BY: THE LAND GROUP ) APPLICANT ) This matter coming before the City Council on September 12, 2025 for final plat modification approval pursuant to Unified Development Code (UDC) 11-613-3 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 SOUTHRIDGE SOUTH SUBDIVISION PHASE 1, LOCATED IN THE NORTHWEST 1/4 OF SECTION 23, TOWNSHIP 3 NORTH, RANGE I WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SOUTHRIDGE SOUTH NO. 1 MFP-2025-0002 Page 1 of 3 COUNTY, IDAHO, 2025, HANDWRITTEN DATE: 5/5/2025, by JAMES R. WASHBURN, PLS, SHEET I OF 6," 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 August 12, 2025, 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 SOUTHRIDGE SOUTH NO. 1 MFP-2025-0002 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 day of 2025. By: Robert E. Simison Mayor, City of Meridian Attest: Chris Johnson City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SOUTHRIDGE SOUTH NO. 1 MFP-2025-0002 Page 3 of 3 EXHIBIT A STAFF REPORT C� E IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 8/12/2025 INTERSTATE I-84 DATE: TO: Mayor&City Council _W.OVERLAND RD FROM: Sonya Allen,Associate Planner 208-884-5533 TR#, PROJECT AREA TB#Z SUBJECT: Southridge South No. 1 MFP-2025-0002 LOCATION: Generally located on the south side of W. y Overland Rd., approximately 1/4 mile east of S. Ten Mile Rd., in the NW 1/4 of Section 23,T.3N., R.1W. I. PROJECT DESCRIPTION Modification to the final plat(FP-2021-0059)approval to change the fencing type along the Ridenbaugh Canal from black wrought iron as required by City Council,to black open vision vinyl- coated chain link with posts installed in sleeves for easy removal as required by NMID. II. APPLICANT INFORMATION A. Applicant: Macy Lui, The Land Group—462 E. Shore Dr., Ste. 100, Eagle, ID 83616 B. Owner: Challenger Development,Inc.— 1977 E. Overland Rd.,Meridian,ID 83642 C. Representative: Same as applicant III. STAFF ANALYSIS The preliminary plat(H-2020-0083) for Southridge South subdivision was approved by City Council in 2021. At the time,the applicant proposed 6-foot-tall chain link fencing along the Ridenbaugh Canal to preserve public safety in accord with UDC 11-3A-6C to match existing fencing in Southridge Subdivision. There was a lengthy discussion by City Council pertaining to the fencing type and shared opinion that chain link was not a desirable material for aesthetic reasons; therefore, black wrought iron fencing was specifically required to be constructed adjacent to the City's multi- use pathway along the Ridenbaugh Canal in this development. The landscape plans submitted with the final plat(FP-2021-0059) application did not reflect the Page 1 required fencing type;therefore,a condition of approval was included for the plans to be revised accordingly. The final plat is now under review for City Engineer signature and cannot be signed unless the plan is revised to comply with this condition or the condition is modified by City Council. The proposed chain link fence has already been constructed on the site without approval from the Planning Division. The Applicant states in their application narrative that Nampa Meridian Irrigation District(NMID) required fence posts to be installed in sleeves to allow the fence to be easily removed when/if NMID needs access to their easement for the canal.A letter from Butte Fence,the Applicant's fence contractor,was included in the narrative stating they could only meet this"removable"requirement with chain link fencing. The Applicant requests City Council's approval to modify final plat condition#5d, as follows: The fencing type along the Ridenbaugh Canal shall be black wrought iren open vision vinyl- coated chain link as require approved by City Council with MFP-2025-0002; depict accordingly. IV. DECISION A. Staff: Staff finds the Applicant's proposal complies with UDC 11-3A-6C,which requires open irrigation canals to be fenced with an open vision fence at least six(6)feet in height and having an 11-guage,two-inch mesh or other construction, equivalent in ability to deter access to said canal. Because City Council was the decision-making body who required wrought iron fencing, City Council should determine if the proposed change is acceptable. B. City Council: City Council approved the Applicant's request as proposed. Page 2 V. EXHIBITS A. Final Plat(dated: 515125) -ACL e= 4 4 h x W 2 0 5 �6 � x � � � HIS 5 o® I'll �s � 1 � R- _ R pp I q q e Nx � ss M npg III ° W � ' �: a � HIM h41 � y yi o = i I f x �� vztN G I Q,r �1 �Q r1 0 Z 9 g ct, q1 A�! dir _ C-) s�� a CV i rr �I a III�r ■ w 4Y $� [6 L L] I CD L•i y y�,+II y 1 a 11 V 11 1 w J 1 a3 a tiJ �a an O 0 09rr J \ I � f � 3 9 9 $ $ $ $ $ $ $ h $ $ $ � � R � E 4 9 A � �•''`�� �to i 9 9 3 9 9 h 9 •� /�/ail /� G3iir�dun Page 3 B. Proposed Landscape Plan with 6-foot-tall black wrought iron fence alongRidenbaugh Canal CODLlivawdolanap aaf;ualleq� J 1 dd} 1 = �_ C L 3SVHd Him 3013WHIMNEI Sal A a s �, ,ram p J VIM j. MIS RIHIIHIHM Hill @ e I ljjlfiljllji�q IN r w. JIM RP Ell lip _ d ,Y� J Page 4 VI. CITY/AGENCY COMMENTS A. PLANNING DIVISION 1. Applicant shall comply with all previous conditions of approval associated with this development [MDA-12-009,Development Agreement Inst. #113077158(Linder 109)— replaced#111102269; H-2020-0083 (RZ&PP); FP-2021-0059],except as follows: Final plat condition of approval#5.d, shall be amended as follows: The fencing type along the Ridenbaugh Canal shall be black open vision vinyl- coated chain link as require approved by City Council with MFP-2025-0002; depict accordingly. Page 5