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Reflection Ridge Subdivision No. 2 MFP-13-002BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR A MODIFICATION TO THE FINAL PLAT FOR REFLECTION RIDGE SUBDIVISION N0.2 TO REMOVE THE STUB STREET TO THE NORTH ACROSS THE RIDENBAUGH CANAL BY: MISSION COAST PROPERTIES ID, INC. APPLICANT HEARING DATE: NOVEMBER 6, 2013 CASE NO. MFP-13-002 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on October 15, and November 6, 2013 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council fmding that the Administrative Review is complete by the Planning Department and Public Works Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary and final plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: The Final Plat of "REFLECTION RIDGE SUBDIVISION NO. 2, LOCATED IN A PORTION OF THE N''/2 OF THE SE'/ OF SECTION 30, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2013, HANDWRITTEN DATE: 10/1/13, FRITZ BROWNELL, PLS, SHEET 1 OF 3," is conditionally approved subject to those ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR REFLECTION RIDGE SUBDIVISION N0.2 (MFP-13-002) Page 1 of 3 conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning Division and the Development Services division of the Community Development Department dated November 6, 2013, a true and correct copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein; and those provisions approved by the City Council as follows: 1.1. The City Council approved the Applicant's request to remove the requirement for a stub street to the north across the Ridenbaugh Canal contingent upon approval by Ada County Highway District. The Ada County Highway District approved the Applicant's request at their hearing on November 20, 2013. 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 TAHINGS 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR REFLECTION RIDGE SUBDIVISION NO. 2 (MFP-13-002) Page 2 of 3 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 pursuant to Idaho Code§ 67-52. 4~- By action of the City Council at its regular meeting held on the ~~ day of / f , 2013. y __ Tammy-d~ ~eerd Mayor, C' of Meridian Attest: ,. <: ,~ , ,. ~~, ![31: s1R Jayce olman City Clerk ~ ~" a'~ Copy served upon the Applicant, Planning Department, Public Works Department, and City Attorney. Bye , I ~: __ Dated: ~( ~~~ - ~ C~ ,~ ;~ J~ ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR REFLECTION RIDGE SUBDIVISION NO. 2 (MFP-13-002) Page 3 of 3 EXHIBIT A STAFF REPORT Hearing Date: November 6, 2013 ~~++ TTT A '~7 (Continued front October I5, 2013) (~L'i 1L1C11 V ~'' TO: Mayor & City Council ` I D A H O FROM: Sonya Watters, Associate City Planner (208)884-5533 SUBJECT: MFP-13-002 -Reflection Ridge Subdivision No. 2 I. APPLICATION SUMMARY The Applicant, Mission Coast Properties ID, htc, has requested approval of a modification to the final plat for Reflection Ridge Subdivision No. 2 to remove the stub street (S. Luminous Avenue) that extends north to the Ridenbaugh Canal. II. STAFF RECOMMENDATION Staff recommends denial of the subject application. Further, Staff recommends the final plat be revised to extend the right-of--way for S. Luminous Way through the common lot (Lot 1, Block 7) to the north property boundary. HI. PROPOSED MOTION Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number MFP-13- 002, as presented in the staff report for the hearing date of November 6, 2013, for the following reasons: (You should state specific reasons for denial.) Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number MFP-13- 002, as presented during the hearing on November 6, 2013. Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number MFP- 13-002 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 subject property is located at 4275 S. Locust Grove Road, in the southeast '/< of Section 30, Township 3 North, Range 1 East. B. Applicant/Representative: Lome Duthie, Mission Coast Properties ID, Inc. 13402-13A Avenue Surrey, BC V4A 1C3 C. Owner: Same as applicant D. Applicant's Statement/Justification: Please see applicant's narrative for this information. Reflection Ridge Sub. 2 MFP-13-002 - 1 - EXHIBIT A 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 subject property is currently in the development process as a single- family residential development. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Rural residential/agricultural property, zoned R-8 East: Locust Grove Road and single-family residential uses, zoned R-8 South: Future residential properties in Reflection Ridge Subdivision, zoned R-8 West: Future residential properties in Reflection Ridge Subdivision, zoned R-8 C. History of Previous Actions: In 2006, this property received the following approvals: - Annexation and zoning (AZ-OS-045) of 91+/- acres of land with an R-4 zoning district with a development agreement (Instrument # 106108230); - Preliminary plat (PP-OS-048) for Reflection Ridge Subdivision consisting of 255 residential building lots and 29 common area lots (NOTE: This plat included the stub street in question along with a requirement to rood trust for % n crossing of the Ridenbaugh Canal); - Conditional use permit/planned development (CUP-OS-046) for a planned development with reductions to lot size, lot frontage, building setbacks, and exceeding the maximum block length allowed in the R-4 district. The preliminary plat and conditional use permit approvals have expired. • In 2009, this property received the following approvals: - Rezone (RZ-08-005) of 91+/- acres from R-4 to R-8; - Preliminary Plat (PP-08-010) for Cavanaugh Ridge Subdivision consisting of 255 residential building lots and 27 common lots (NOTE: This plat included ll:e stub street in question but did not require flee rood trust for'/, a crossing of the Ridenbnug/: Canal); - Development agreement modification (MDA-08-003) to include updated project information (Instrument #112007170). - Variance (VAR-09-006) to exceed the maximum block length allowed in residential districts for Blocks 7, 12, and 14. • In 2011, a time extension (TED-11-003) for the preliminary plat was approved. • On Jttly ] 6, 2013, a final plat (FP-13-020) was approved for phase I of the preliminary plat consisting of 61 residential building lots and 10 common/other lots on 24.87 acres in an R-8 district. • On July 23, 2013, a final plat (FP-13-030) was approved for Phase II of the preliminary plat consisting of 12 residential building lots and 2 common other lots on 5.41 acres in an R-8 zone. Reflection Ridge Sub. 2 MFP-13-002 - 2 - EXHIBIT A VII. STAFF ANALYSIS The applicant requests approval to modify the final plat for Reflection Ridge Subdivision No. 2 to remove the right-of--way and corresponding stub street (S. Luminous Avenue) that extends north to the Ridenbaugh Canal. In its place, the applicant proposes a 20-foot wide common lot containing a 5- footwide sidewalk that will connect to the multi-use pathway along the canal. Background lf'Zren this subdivision was originally approved in 2006, the northern boundaz of the site extended to the south easement line of the Ridenbaugh Canal. ACHD required the developer to subneit a road trust for half the cost of the bridge with the final plat for the phase containing the bridge; however, the road trust was never collected because the development fell apart and the preliminary plat expired prior to signature on the final plat by ACHD and submittal of the fiords. In 2007, the property to the north was preliminary platted as Normandy Subdivision and was regzired to constrzrct [he bridge with the funds that were szrpposed to be submitted by the developer of Reflection Ridge subdivision. The preliminary plat for expired and the bridge was not constructed. A new preliminary plat for Reflection Ridge was submitted in 2009 that corrected the northern bozrndary from the south side of the canal easement to the centerline of the canal. A condition of approval was not included in the new plat for a road trust to be szrbrnitted for the bridge. 77zerefore, no funds are being held for construction of the bridge. There is an existing 8-inch water main line in the area where the stub street was appraved,~ said water main wozrld need to be abandoned per Public Works' standards if the stzrb street is removed. The ACHD Commission heard the applicant's request to remove the stub street on October 23`d and required the stub street to remain and ROW be dedicated to the centerline of the canal/property line. ACHD did not require a road trust to be submitted for half the cost of construction of the bridge. Staff does not support the removal of the stub street and believes that eliminating the possibility for a future bridge connection at this location would be detrimental to connectivity in this area. A shib street at this location has been envisioned since the original approvals in 2006 on this site and has been shown on the all subsequent approvals for the development. Staff recognizes the confusing plat and property boundary history in this area and concurs with ACHD's recent action to not require a road trust for half the cost of the bridge over the Ridenbaugh canal. Staff understands that without the road trust for half the cost of the bridge alternative funding sources will be required to complete the bridge in the future. That stated, staff is extremely concerned that if the stub street is not conshucted as approved and the right-of--way is not preserved over the canal any chance for a vehicular bridge crossing at this location will be lost. There is only one other bridge crossing planned within this mile section in the Cavanaugh Subdivision approximately 2/3 of a mile from this location. Staff views the Reflection Ridge connection as an important link within this mile section and asserts that requiring the stub street now gives the City and ACHD options for connectivity when the property to the north develops (half of the bridge can still be required from the property to the north). Staff recommends the proposed 1VIFP be denied in accord with ACHD's decision on the matter and that the plat be revised to extend the ROW for S. Luminous Way through the common lot (Lot 1, Block 7) to the north property boundary. VIII. EXHIBITS A. Drawings L Vicinity Map 2. Approved Preliminary Plat Reflection Ridge Sub. 2 MFP-13-002 - 3 - EXffiBIT A 3. Approved Final Plat 4. Proposed Modification to Final Plat Reflection Ridge Sub. 2 MFP-13-002 - 4 - EXHIBIT A A. Drawings 1. Vicinity Map Reflection Ridge Sub. 2 MFP-13-002 - 5 - EXHIBIT A 2. Approved Preliminary Plat ~ - - ~ .~ ~ . y k;; ~ ~ `: `~ I `•J 11II ~ ~~I~lillu ai r.„" ~, `1VkY lYMy ,.eM n~mrRr {Txis] ..a uixi I~aFp .wa.. ~=s w ~. R p -.n a. ~m n n•e Preliminery Plet Cavanaugh Ridge Subdivision IaaaUMNb•VMM~M sMttnfo. Temd,b~ MuM Ilnw ~ ~ P'n~M~(6M~OYye1NU16M •N Cw,h Mein ~~ ~~` '.~. ,~ \~~ '~ OrvMpOrvMp M ~ a r.a i. bl dlYS~1 J - Y },~" N .~ Y. ~~.ItlJ"~'~v~L~14 1~.i° ii' 1 x+,is~usv~nia x, ~ 1 ~r~ ~~3~~~ ~~. ~.fi:m ., r x ~r ~,•,xwnw,,;..~. i r+Tm~ d'fy~~TS~I' i..,.F.~ a~ ~ i~ a kui*" ~mr.. Reflection Ridge Sub. 2 MFP-13-002 - 6 - EXHIBIT A 3. 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