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Rainier Villas MFP H-20117-0008 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT MODIFICATION FOR RAINIER VILLAS SUBDIVISION H-2017-0008 Page 1 of 2 BEFORE THE MERIDIAN CITY COUNCIL C/C FEBRUARY 21, 2017 IN THE MATTER OF THE REQUEST FOR A MODIFICATION TO RAINIER VILLAS FINAL PLAT TO REDUCE THE NUMBER OF LOTS, TO ALLOW THE ISSUANCE OF BUILDING PERMITS PRIOR TO SIGNATURE ON A FINAL PLAT AND TO CHANGE OTHER PROVISIONS OF THE FINAL PLAT. BY: SHANNON ROBNETT, ROBNETT PROPERTIES APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2017-0008 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT MODIFCATION This matter coming before the City Council on February 21, 2017, upon the Applicant’s submittal of a final plat modification application pursuant to Unified Development Code (UDC) Table 11-5A-2 and the Council finding that the Administrative Review is complete by the Planning Division, to the Mayor and Council, and the Council having considered the requirements of the modifications, the Council takes the following action: IT IS HEREBY ORDERED THAT: The above named applicant is granted approval to modify the Rainier Villas Subdivision final plat to reduce the number of lots, to allow issuance of building permits prior to signature on the final plat, and to modify certain other provisions subject to the conditions of approval in the attached Staff Report for the hearing date of February 21, 2017, incorporated by reference. Attached: Staff Report for the hearing date of February 21, 2017 By the action of the City Council at its regular meeting on the day of C'r- CA1 2017. DATED this l day of , 2017 Attest: C. y Colu, City Clerk Copy served upon the Applicant, Planning Department, Public Works Department, and City Attorney. BY: C. -nq `/ Dated: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT MODIFICATION FOR RAINIER VILLAS SUBDIVISION H-2017-0008 Page 2 of 2 Rainier Villas H-2017-0008 - 1 - STAFF REPORT Hearing Date: February 21, 2017 TO: Mayor and City Council FROM: Josh Beach, Associate City Planner (208) 884-5533 SUBJECT: H-2017-0008 – Rainier Villas I. APPLICATION SUMMARY The applicant, Shannon Robnett, has requested approval of a modification to the Rainier Villas final plat to reduce the number of approved buildable lots and modify several conditions of approval (Site Specific Conditions of Approval #9 and #14) to allow building permits to be issued before the recordation of the final plat and to delay the construction of Corporate Drive with the second phase of development. II. STAFF RECOMMENDATION Staff recommends approval of the subject application subject to the modifications listed in Exhibit D. III. PROPOSED MOTION Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number H-2017- 0008, as presented during the hearing on February 21, 2017. Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number H-2017- 0008, as presented in the staff report for the hearing date of February 21, 2017, for the following reasons: (You should state specific reasons for denial.) Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number H-2017- 0008 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) IV.APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located west of N. Meridian Road between W. Corporate Drive and W. Penwood Street (parcel #S1213142120) in the NE ¼ of Section 13, Township 3 North, Range 1 West, B.M. B. Applicant/Representative: Shannon Robnett, Robnett Properties 3818 Newby Street, Suite 101 Nampa, ID 83687 C. Owner: Intermountain Pacific, LLC 2610 E. Mercutio Meridian, ID 83642 D. Applicant's Statement/Justification: Please see applicant’s narrative for this information. Rainier Villas H-2017-0008 - 2 - V. PROCESS FACTS The subject application is for a modification to the final plat. By reason of the provisions of the Meridian City Code Title 11, Chapter 5, the City Council is the decision making body on this matter. A public meeting is required to be held for this type of application. VI. LAND USE A. Existing Land Use(s): The site is currently vacant commercial property, zoned C-G. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Vacant commercial property, zoned C-G South: Self-storage facility, zoned C-G East: Trade Plaza Subdivision, zoned C-G West: Vacant and developed commercial property, zoned C-G C. History of Previous Actions: In 2016 a preliminary plat was approved consisting of fifteen (15) multi-family residential lots and five (5) common lots; a conditional use permit was also concurrently approved for the property to have 90 multi-family units (H-2016-0041). Also in 2016, a final plat was approved consisting of fifteen (15) multi-family residential lots and five (5) common lots (H-2016-0107). VII. STAFF ANALYSIS As noted above, the applicant received approval to develop this property with 90 multi-family units on fifteen (15) buildable lots. After receiving development approval, the applicant is in the process of acquiring the four (4) commercial lots north of the proposed development. A pending CUP application has been heard by the Planning and Zoning Commission to increase the number of units from 90 to 180. During the hearing several requests were made by the applicant (delay construction of the roadway, allow development before the final plat records etc.) that affected the approved final plat. The Planning and Zoning Commission continued the application to March 2nd, to allow the applicant sufficient time to get a final plat modification application before City Council and address the Commission’s concerns they had with the changes being requested to the final plat. The proposed requests are consistent with the requests discussed at the Planning and Zoning Commission hearing. NOTE: A condition of approval in the pending CUP application also requires the applicant to obtain approval of a final plat modification prior to applying for a certificate of zoning compliance application. The applicant is seeking Council’s approval to reduce the number of buildable lots and modify several conditions of approval (Site Specific Conditions of Approval #9 and #14) approved with the final plat application. The modifications are desired so the applicant can: 1) Record a plat consistent with the new site layout and commence with the first phase of construction prior to recording a final plat as shown in Exhibit C and; 2) Delay the construction of W. Corporate Drive with the development of the second phase. Now that the pending project has increased in acreage and density, the project as previously approved does not comport to the approved final plat or the previous CUP site plan. Further, it is the applicant’s desire to phase the project from the north to the south. Currently, the 5.3 acre parcel, approved with the final plat, is not eligible for a building permit until a final plat is recorded. Because the scope of the project has changed significantly, the applicant would like greater flexibility with the development of the property. Staff is supportive of the requested changes based on the modifications to site specific conditions #9 and #14 as follows: 9. W. Corporate Drive and associated street landscape buffer shall be constructed in its entirety with this the second phase of development however; with the construction of the first phase of development the applicant shall provide an access to the signalized intersection of W. Rainier Villas H-2017-0008 - 3 - Corporate Drive and Meridian Road as proposed in Exhibit C. The associated landscape buffer and 5-foot detached sidewalk shall be constructed with each subsequent phase. The applicant will also be required to construct a water main through the project to complete a loop from Pennwood through the east drive access connection to W. Corporate Drive. 14. The applicant shall record the final plat prior to receiving issuance of any certificate of occupancies in the first phase of development applying for any building permits. Staff is supportive of the requested changes to the final plat. The requested changes are shown in Exhibit D. VIII. EXHIBITS A. Vicinity Map B. Approved Final Plat C. Proposed Multi-family Development Site/Phasing Plan D. Modifications to the Final Plat Note Rainier Villas H-2017-0008 - 4 - A. Vicinity Map Rainier Villas H-2017-0008 - 5 - B. Approved Final Plat Rainier Villas H-2017-0008 - 6 - C. Proposed Plat/Phasing Plan Rainier Villas H-2017-0008 - 7 - D. Modifications to the Final Plat 9. W. Corporate Drive shall be constructed in its entirety with this the second phase of development however; with the construction of the first phase of development the applicant shall provide an access to the signalized intersection of W. Corporate Drive and Meridian Road as proposed in Exhibit C. The 20-foot wide landscape buffer and 5-foot detached sidewalk shall be constructed with each subsequent phase. 14. The applicant shall record the final plat prior to the issuance of any certificate of occupancies in the first phase of development.