Newkirk No.1 Subdivision FP-2023-0020 Final Order BEFORE THE MERIDIAN CITY COUNCIL
HEARING DATE: JANUARY 23, 2024
ORDER APPROVAL DATE: FEBRUARY 6, 2024
IN THE MATTER OF THE )
REQUEST FOR FINAL PLAT )
CONSISTING OF 62 (44 SINGLE- ) CASE NO. FP-2023-0020
FAMILY ATTACHED AND18 )
TOWNHOMES) BUILDING LOTS ) ORDER OF CONDITIONAL
AND 10 (8 LANDSCAPE, 1 ) APPROVAL OF FINAL PLAT
COMMON DRIVEWAY, 1 ALLEY) )
COMMON LOTS ON 21.41-ACRES )
OF LAND IN THE TN-R )
(TRADITIONAL NEIGHBORHOOD )
RESIDENTIAL)ZONING )
DISTRICT FOR NEWKIRK NO. 1 )
SUBDIVISION. )
BY: LAREN BAILEY, CONGER
GROUP APPLICANT
This matter coming before the City Council on February 6, 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:
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR NEWKIRK NO.1 SUBDIVISION FP-2023-0020
Page 1 of 3
1. The Final Plat of"PLAT SHOWING NEWKIRK NO.1 SUBDIVISION,
LOCATED IN THE SW 1/4 OF THE SW 1/4 SECTION 10, TOWNSHIP 3N,
RANGE I W, MERIDIAN, ADA COUNTY IDAHO, 2023, STAMPED BY JEFF
BEAGLEY, 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 October, 2023, 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
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR NEWKIRK NO.1 SUBDIVISION FP-2023-0020
Page 2 of 3
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 pursuant to Idaho
Code§ 67-52.
By action of the City Council at its regular meeting held on the 6th day of
February , 2024.
By:
Robert E. Simison 2-6-2024
Mayor, City of Meridian
Attest:
Chris Johnson 2-6-2024
City Clerk
Copy served upon the Applicant,Planning and Development Services Divisions of the Community
Development Department and City Attorney.
By: Dated: 2-6-2024
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR NEWKIRK NO.1 SUBDIVISION FP-2023-0020
Page 3 of 3
EXHIBIT A
STAFF REPORT (::�WERIDIAM,-_
COMMUNITY DEVELOPMENT DEPARTMENT I D A H O
HEARING January 23, 2024 Legend pf�
DATE:
Project Location
TO: Mayor&City Council ��ULULL.ppI
FROM: Linda Ritter,Associate Planner ,
�
208-884-5533
-
------ -
SUBJECT: Newkirk Subdivison No. 1 --------
FP-2023-0020
LOCATION: 4250 W. Franklin Rd.,in the SW 1/4 of
Section 10,T.3N.,R.1 W. (Parcel
#51210346801)
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I. PROJECT DESCRIPTION
Final Plat consisting of 62(44 single-family attached and18 townhomes)building lots and 10 (8
landscape, 1 common driveway, 1 alley) common lots on 21.41-acres of land in the TN-R(Traditional
Neighborhood Residential)zoning district for Newkirk No. 1 Subdivision.
II. APPLICANT INFORMATION
A. Applicant:
Laren Bailey, Conger Group—4824 W. Fairview Avenue, Boise, ID 83706
B. Owner:
Chris Nolan,Lansing Farm LLC—P.O Box 372,Eagle, ID 83616
C. Representative:
Laren Bailey, Conger Group—4824 W. Fairview Avenue, Boise,ID 83706
III. STAFF ANALYSIS
Staff has reviewed the proposed final plat for substantial compliance with the approved
preliminary plat(H-2022-0088)as required by UDC 11-613-3C.2. The submitted final plat is for
the same number of building lots and common area as approved with the preliminary plat;
therefore,the proposed plat is in substantial compliance with the approved preliminary plat as
required. ACHD required the applicant to extend Skill Hill Street from the Ascent Subdivision as
part of the preliminary plat approval. After further review of the area,ACHD determined the
grade was too steep and removed this condition of approval. Revised plans were submitted to the
city and ACHD for approval.
Page 1
Alternative Compliance
Per UDC 11-6C-3D, common driveways shall serve a maximum of four(4)dwelling units. In no
case shall more than three(3) dwelling units be located on one(1)side of the driveway. The
applicant requested alternative compliance for the proposed four(4)lots on the north side of the
common driveway as depicted in the drawing below.
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The proposed dwelling units are two sets of attached units and not individual detached dwelling
units as shown in the drawing below. Because the dwellings are attached units and cannot be
separated to meet the code requirement, staff has no objection to granting the alternative
compliance request based on the unique circumstances presented by the attached units in this
specific development plan.
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Page 2
Findings:
1. Strict adherence or application of the requirements are not feasible; or
The proposed dwelling units are two sets of attached units and not individual detached
dwelling units as shown in the drawing below. Because the dwellings are attached units and
cannot be separated to meet the code requirement
2. The alternative compliance provides an equal or superior means for meeting the requirements;
and
Staff has no objection to granting the alternative compliance request based on the unique
circumstances presented by the attached units in this specific development plan.
3. The alternative means will not be materially detrimental to the public welfare or impair the
intended uses and character of surrounding properties.
The alternative means only affects the lot located off of the common drive and will not be
detrimental to the public welfare or impair the intended uses and character of the
sourrounding properties.
IV. DECISION
A. Staff:
Staff recommends approval of the proposed final plat with the conditions of approval in Section
VI of this report. Director has approved the request for alternative compliance for the common
driveway within the development per the conditions in Section VI, in accord with the analysis in
Section 111.
Page 3
V. EXHIBITS
B. Preliminary Plat(dated: 3/29/23)
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C. Final Plat(10/2023)
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D. Common Drive Exhibit
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Page 8
E. Landscape Plan—Final Plat(dated: 12/8/23)
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F. Common Open Space Exhibit&Calculations
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Project: Newkirk Neighborhood Date: 11.11.2022
Let Sqft Open Space Oimenslons Description pride SUCUM
1 1 4,051 4131'x 98' Collector Frontage C
1 31 159,46o Multi•Famlly Open Space MF
2 9 4,485 188'x 21.06' End Cap a
2 18 39,734 Large Park A
4 1 8,792 Collector Frontage/Park AC
5 2 85,885 Collector Frontage AC
6,550 Parkway Strip E
Subtotals Acm Percent oll Total
Total Sgft 308,927 7.09197M
Qualified Open Space Ac, 7.09
Total Pralett Acres 20.45
Mon-Quallfying Open Spate 0.80
Percertt of Qualified Open
Spate 34.69%
Arterial and Collector
Frontage 2.2" 31.96%
Buffers&Endcaps 4AW 0.10 1.4S%
Hillside 0.00 0.00%
"Useable" 4-72 6659%
Page 11
G. Site Amenities
Prnposcd ArneniticsSingle-family Area.
A. Largc 1-Acre,Play Park(Block Z,Lot 18)- The Newkirk Neigh borhood Park will-nmkain the folks wing
recreation fadliodes: { -_
+ Play Structure ,•+ t` r
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+ Seating Scnches }
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+ Climbing Rocks
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+ Playground Fencing for safety
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Page 12
9. Pathways-The Newkirk Neighborhood will
include the fallowing pedestrian pathways:
Y Vide Separated Pedestrian
Pathway on Both sides of N.San
Marco Way-7,770 LE
Pedestrian pathways within the Newkirk }
Wiehborhood will Iota]over r}ne half
rnile in length.
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- V C. PaUrmayr Park(Block 4,Lot 1)-The Newkirk
FATrW4AA —{T f P Neighborhood Park wi€I tantain a small pedestri an
*, park including:
Shade Struchwe
• Additional Pa may
Seating Areas
Attra tii*e Landscaping
57�f�.TURE
VI. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
I. Applicant shall comply with all previous conditions of approval associated with this
development: H-2022-0088 (AZ,PP); DA Inst. #2023-051358,PBA Inst#2023-047023 and
A-2023-0135.
2. The final plat shown in Section V.B,prepared by Sawtooth Land Surveying,LLC, stamped on
10/23/23 by Jeff Beagley, shall be revised prior to signature on the final plat by the City
Engineer,as follows:
Plat Notes:
a. Note#6: Include the recorded ACHD license agreement number.
b. Note#9: Include the development agreement instrument number.
c. Note#14: Include the recorded instrument number for ACHD sidewalk easement.
d. Note#15: Include the recorded instrument number of the City of Meridian water
easement.
e. Note#16: Include the language for the construction of the common driveway/lot
which should include the following language: "capable of supporting an imposed
weight of 82,000 GVW per IFC Section 503.2.4.
f. Note#17: Include the recorded license agreement instrument number for the Nampa
Meridian Irrigation District.
Page 13
g. Add note that states access for lots within Block 3 shall take acess from Lot 11 which
is a private alley.
h. Add note to state"Direct access to Franklin Road and San Marco Way/Aviator Street
is prohibited.
i. Remove the Ski Hill Street extension as the grade is too steep per ACHD.
3. Future development shall be consistent with the minimum dimensional standards listed in
UDC Table 11-2D-6 for the TN-R zoning district.
4. The Applicant shall comply with all ACHD conditions of approval.
5. The Applicant shall obtain Certificate of Zoning Compliance and Administrative Design
Review approval for the multi-family development prior to building permit submittal.
6. The landscape plan prepared by Kimberely C. Segen Thaler,JensenBelts Associates dated
1/15/2024,included in Section VE,is approved as submitted.
7. A perpetual ingress/egress easement shall be filed with the Ada County Recorder for the
common driveway,which shall include a requirement for maintenance of a paved surface
capable of supporting fire vehicles and equipment. This may be accomplished through
depiction of the easement on the face of the final plat and an accompanying note. If a separate
easement is recorded,a copy shall be submitted to the Planning Division with the final plat for
City Engineer signature.
8. Per UDC 11-2D-6F, all dwelling units shall have a minimum of two(2)lights at the front of
the unit. All dwelling units on alley accessed properties shall have a minimum of two(2)lights
along the alley. All lighting shall prevent uplighting and shall be on a photocell that activates
the lighting at dusk and turns it off at dawn.
9. Zimmerman Lane will not be dedicated as public right-of-way, except for the two stub
locations at Atomic St. and Chair Lift St. Dedicate such stub locations to ACHD in
configurations required by ACHD prior to the City Engineer's signature on the first final plat.
Before recordation of the annexation ordinance AND the City's acceptance of the modified
AZ and Plat boundaries to remove Zimmerman Lane,the applicant shall record a property
boundary adjustment between the Newkirk property and the three(3)selected adjacent County
parcels immediately to the west to facilitate conveyance of the Zimmerman Lane property as
proposed. Proof of such conveyance shall be provided to City staff prior to City Engineer's
signature on the first final plat.The alternative compliance request has been approved as
submitted.
10. 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
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C. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID)
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D. IDAHO TRANSPORTATION DEPARTMENT(ITD)
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E. IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ)
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