HomeMy WebLinkAboutBellingham Park Subdivision No. 3 MFP-07-005
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF BELLINGHAM
PARK, LLC FOR FINAL PLAT
MODIFICATION TO SITE
SPECIFIC CONDITION #10 AND
ELIMINATION OF CONDITION
#11 TO ALLOW DEVELOPMENT
OF BELLINGHAM PARK
SUBDIVISION, NO.3 LOCATED
EAST OF LOCUST GROVE AND
SOUTH OF VICTORY IN T. 3N., R.
IE., SECTION 29
C/C July17, 2007
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CASE NO. MFP-07-005
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 11-5A-2 on July 17, 2007, and the Council finding that
the Administrative Review is complete from Bill Parsons, Associate City Planner for the Planning
Department, dated: Hearing Date: July 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 July 17,
2007 meetings as follows, to-wit:
ORDER OF CONDITIONAL APPROVAL FOR A MODIFICATION TO THE FINAL PLAT
FOR BELLINGHAM PARK SUBDIVISION NO.3 I (MFP-07-005)
Page 1 of 4
1.1 Adopt the action of the Council taken at their July 17, 2007
meeting, and specifically pertaining to Conditions of
Approval, 10, and 11, such now they reads as follows:
CONDITIONS OF APPROVAL
10. This property has a DevelopmOflt Agroement that
states, "That developmOflt of Phases III and IV shall not
eOlflflleflee until FEMA approves the proposed Letter
of Map Revision and the flood designation has been
revised for Too. Mile Creek. If the flood plain and
floodway boundaries presoo.ted with this applieatioR are
not appro'led by FEM,,^~, the applieant shall ha','e two
options: 1) remove any lots v.'itfHn the FEl\1A approved
floodplain boundaries or 2) resubmit for preliminary
plat appro','al of Phases II and III." Therefore, the City
v/illnot issue building permits on this phase lffitil the
FEMA approved LOMAR is submitted to Public
Works. The developer shall obtain a floodplain
development permit application for the proposed
construction that affects the floodplain with the
exception of the culvertJbridge crossing at Wrightwood
Drive which requires separate approval. The Citv of
Meridian may issue building -permits after the
developer submits a Letter of Map Revision (LOMR),
to FEMA for the completed construction and grading of
the site. The Developer shall also submit for a
floodplain development permit application for the
proposed culvertJbridge crossing ofTen Mile Creek at
Wrightwood Drive to be constructed with Bellingham
Park Subdivision No.4.
11. If tho bridge emssing of tho Ten Mile Croek is to be
done on this phase a "No Rise Analysis" shaH be
subm.itted to Public Works prior to plan approT:al.
Condition was removed with approval ofMFP-07-005.
ORDER OF CONDITIONAL APPROVAL FOR A MODIFICATION TO THE FINAL PLAT
FOR BELLINGHAM PARK SUBDIVISION NO.3 / (MFP-07 -005)
Page 2 of 4
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:
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 a judicial review as provided by Chapter 52, Title 67,
Idaho Code.
ORDER OF CONDITIONAL APPROVAL FOR A MODIFICATION TO THE FINAL PLAT
FOR BELLINGHAM PARK SUBDIVISION NO.3 / (MFP-07-005)
Page 3 of 4
By action of the City Council at its regular meeting held on the
11~
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,2007.
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Copy served upon: ~ Applicant
~ Planning Department
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Dated: ~-l- Ol
ORDER OF CONDITIONAL APPROVAL FOR A MODIF'ICA TION TO THE FINAL PLAT
FOR BELLINGHAM PARK SUBDIVISION NO.3 / (MFP-07 -005)
Page 4 of 4
CITY OF MERIDIAN PLANNING AND ZONING DEP ARTMENT STAFF REPORT FOR HEARING DATE OF JULY 17, 2007
l
SUBJECT:
Hearing Date: July 17, 2007
Mayor and City Council
Bill Parsons, Associate City Planner
(208) 884-5533
Bellingham Subdivision, Phase 3
. MFP-07-005
Request to modify final plat (FP-06-052) site specific condition #10 and eliminate condition
#11 to allow development of Final Plat, Bellingham Park Subdivision, Phase 3.
STAFF REPORT
TO:
FROM:
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant is requesting to modify final plat site specific requirement condition # 10 and eliminate condition #11 to
allow for the development of Bellingham Park Subdivision, Phase 3 (FP-06-052). Currently condition #10 of the site
specific requirements does not allow the development of Bellingham Park Subdivision, Phase 3, until FEMA approves a
Letter of Map Revision (LOMR), and approves the revised flood designation for Ten-Mile Creek. The applicant is also
requesting the removal of site specific condition #11 ofthe Bellingham Park Subdivision, Phase 3 (FP-06-052) which
requires a no rise analysis to be submitted to Public Works prior to plan approval for the proposed culvert/bridge crossing
ofTen Mile Creek at Wrightwood Drive. The proposed modified condition consolidates condition #10 and #11 to address
staffs concerns regarding the development of Bellingham Park Subdivision, Phase 3. Staff proposes combining conditions
# 10 and # II into one modified condition # I 0 to read: "The developer shall submit a floodplain development permit
application for the proposed construction that affects the floodplain with the exception of the culvert/bride:e
crossine: at Wrie:htwood Drive which reauires separate approval. The City of Meridian may issue buildine: permits
after the developer submits a Letter of Map Revision (LOMR). to FEMA for the completed construction and
e:radine: of the site. The Developer shall also submit for a floodplain development permit application for the
proposed culvert/bride:e crossine: of Ten Mile Creek at Wrie:htwood Drive to be constructed with Belline:ham Park
Subdivision. Phase 4."
With the modifications to the conditions, the applicant is still required to obtain a Letter of Map Revision and
work with Public Works on development within the floodplain. Staffhas contacted the applicant, and the
applicant supports staffs recommendation of approval for the above mentioned modified condition.
Furthermore, staff is in agreement with the applicant, site specific condition #11 is no longer applicable in its
current form and is addressed sufficiently in the proposed modified condition #10. NOTE: Planning Staff
researched the previous approvals for Bellingham Park Subdivision and found that the Development Agreement
also contains the provisions of the LOMR and has determined the proposed condition #10 does not conflict with
the requirement of the Development Agreement. If the City Council approves the subject MFP application staff
will interpret the Development Agreement to be consistent with the language of modified condition #10.
2. SUMMARY RECOMMENDATION
Staff is recommending approval of the subject request to modify the Final Plat for Bellingham Park Subdivision,
Phase 3 (MFP-07-005) the reasons listed herein. Staff finds that the modification to condition # 10 and the deletion
of condition #11 is in substantial compliance with conditions of approval for FP-06-052.
3. PROPOSED MOTION (to be considered after the public hearing)
Approval
After considering all staff, applicant and public testimony, I move to approve File Number MFP-07-005 as
presented in the staff report for the hearing on July 17, 2007.
Bellingham Park Subdivision, Phase 3 MFP~07-005
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF JULY 17,2007
Denial
After considering all staff, applicant and public testimony, I move to deny File Number MFP-07-005 as
presented in the staff report for the hearing of July 17, 2007. (You should state specific reasons for denial.)
Continuance
After considering all staff, applicant and public testimony, I move to continue File Number MFP-07~005 to the
hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific
reason(s) for continuance.)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
East of South Locust Grove and South of East Victory Road
b. Owner
Bellingham Park LLC
738 South Bridgeway Place
Boise, II) 83616
c. Applicant:
Same as owner
d. Representative: Scott Noriyuki, Bailey Engineering
e. Present Zoning: R-8/PD
f. Present Comprehensive Plan Designation: Medium Density Residential
5. NEIGHBORING USES & ZONING
1. North: Nampa & Meridian Irrigation District property, zoned RUT (Ada County).
2. East: Vacant proposed Bellingham Subdivision, Phase 4, zoned R-8
3. South: Estancia Subdivision and vacant land, zoned R-4
4. West: Bellingham Subdivision, Phase 2, zoned R-8
6. EXHIBITS / ATTACHMENTS
A. Vicinity Map
B. Subdivision Map
C. Flood Plain Map
Bellingham Park Subdivision, Phase 3 MFP-07-005
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF mL Y 17, 2007
A. Vicinity Map
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Bellingham Park Subdivision, Phase 3 MFP-07-005
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF ruLY 17,2007
B. Subdivision Map
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Bellingham Park Subdivision, Phase 3 MFP-07-005
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF JULY 17, 2007
c. Flood Plain Map
Bellingham Park Subdivision, Phase 3 MFP-07-005