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HomeMy WebLinkAboutSond Subdivision MFP-07-002 BEFORE THE MERIDIAN CITY COUNCIL C/C April 17, 2007 IN THE MATTER OF THE ) APPLICATION OF CLA YN ) SONDEREGGER FOR FINAL PLAT ) MODIFICATION OF 23 SINGLE- ) FAMILY RESIDENTIAL BUILDING ) LOTS AND 3 COMMON AREA ) LOTS ON 11.17 ACRES IN R-2 AND ) R-4 ZONES LOCATED AT 1155 ) AND 1123 NORTH BLACK CAT ) ROAD IN A PORTION OF THE SE ) 'l.t OF THE NE 'l.t OF T. 3N., R. lW., ) SECTION 9 ) . ) CASE NO. MFP-07-002 ORDER OF CONDITIONAL APPROVAL FOR A MODIFICATION TO THE FINAL PLAT This matter coming before the City Council for a Modification to an approved Final Plat pursuant to Unified Development Code ll-5A-2 on April 17, 2007, and the Council finding that the Administrative Review is complete from Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: April 17 , 2007, to the Mayor and Council, and the Council having considered the requested modification to the conditions of the approved final plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The additional requirements from the action of the Council taken at their April 17, 2007 meetings as follows, to-wit: ORDER OF CONDITIONAL APPROVAL FOR A MODIFICATION TO THE FINAL PLAT FOR SOND SUBDIVISION / (MFP-07-002) Page 1 of 4 1.1 Adopt the action of the Council taken at their April 17 , 2007 meeting, and specifically pertaining to Conditions of Approval, 12, and 13, such now they reads as follows: CONDITIONS OF APPROVAL 12. Remove any buildings that do not meet setback requirements, prior to signature on the plat by the City Engineer. If the applicant chooses not to remove the bui1dinQ:s at this time. the followinQ: conditions shall be addressed prior to signature on the final plat: . Provide three bids for removal of the two existing houses. 110% of the median bid shall be provided prior to signature on the fmal plat by the City Enl!ineer. . Provide surety for the removal of the wells and the septic systems. . The number of buildinQ: permits issued shall be limited to 12 prior to complete removal or demolition of the 2 existing houses. No additional building permits shall be issued until the applicant removes the existinQ: homes and installs all required improvements. · Provide a cOPv of the rental agreement between the applicant and the tenants in the aforementioned houses that verifies that the applicant has the authority to remove the tenants once construction of the two replacement houses is complete. 13. If aRY of the existing buildiRgs are to rem.aiR the applieant shall be respoftsible for the payment of assessments and the aetual physieal fl00k up to City services. The Citv Council has allowed the existing homes to remain on a temporary basis not to exceed one year from signature on the fmal plat. 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: ORDER OF CONDITIONAL APPROVAL FOR A MODIFICATION TO THE FINAL PLAT FOR SOND SUBDIVISION I (MFP-07-002) Page 2 of 4 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash 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 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 ajudicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the \'l -t-h day of -APYI< \ ,2007. BY.~fi<~Z MAYOR TA Y de WEERD ATTEST: ORDER OF CONDITIONAL APPROVAL FOR A MODIFICATION TO THE FINAL PLAT FOR SOND SUBDIVISION I (MFP-07-002) Page 3 of 4 .\\\\\dl\IIIUI111! \' . C r '.r 1'1 "'\..1 Pl- I...;'c.ft?",' 1/. " L '\ .' '(..M '// " .-\..' "'....---" '''1.-':' .::;.::::' U-~(fi:;.PO!-t1j'r; ~,.,..~ ~ .v ~o ~ ~~J-~l d 7~ L_oL:' '" ) WILLIAM G. BERG, JR., Cny C~ :0 (t::';S't 13' .'~ f' j ,,/i'I ~to,;~ ..." ~1C ~,." "/"1 OUN......,(. \,,,,, 1111 t ,\\"\ 1IIIIIIIIlll\\'\' Copy served upon: V Applicant .v Plaiming Department v . Public Works Department v City Attorney By:J J\fMY\:M UJ--J City Clerk's Office Dated: 4 ~ 2.u ....0 1 ORDER OF CONDITIONAL APPROVAL FOR A MODIFICATION TO THE FINAL PLAT FOR SOND SUBDIVISION / (MFP~07-002) Page 4 of 4 STAFF MEMO City Council Hearing Date: April 17, 2007 City Council t ~;;di~\ 1J),>\J.IOt . f TO: FROM: SUBJECT: Michael Cole, Development Services Coordinator Sond Subdivision . MFP-07-002 Request to modify final plat site specific condition #12, to allow for two existing homes to temporarily encroach into the required setbacks, and site specific condition # 13 to modify the requirement for the existing homes to pay assessment fees and hook up to city services (sewer and water) SUMMARY: After the City Council hearing on April 101h for this application, staff directed the City Engineer to work an agreement with the applicant that would accomplish the goals of this application. Staff hereby requests the City Council to replace condition #12 and #13 in FP-06-008 with the following: 12. Remove any buildings that do not meet setback requirements, prior to signature on the plat by the City Engineer. If the applicant chooses not to remove the buildings the following conditions shall be addressed prior to signature on the final plat: . Provide three bids for removal of the two existing houses, 110% of the median bid shall be provided prior to signature on the fmal plat by the City Engineer. . Provide surety for the removal of the wells and the septic systems. . The number of building permits issued shall be limited to 12 prior to complete removal or demolition of the two existing houses. . A copy of the rental agreement between the applicant and the tenants in the aforementioned houses that verifies that the applicant has the authority to remove the tenants once construction ofthe two replacement houses is complete. 13. If any of the existing buildings are to remain the applicant shall be responsible for the payment of assessments and the actual physical hook-up to City services. If the existing buildings are allowed to remain, by City Council, on a temporary basis then the applicant shall provide surety for the removal of the wells and septic prior to signature on the fmal plat by the City Engineer. If you have any questions please feel free to contact me at (208) 898-5500 or Colem(lV,MeridianCity.orl!.