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Home My WebLink AboutZ - Signed Findings CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN:-, AND DECISION& ORDER In the Matter of the Request for a Short Plat Consisting of Three(3)Buildable Lots on 2.0 Acres of Land in the C-C Zoning District for Fluid Estates Subdivision,by Idaho Survey Group. Case No(s). SHP-2021-0008 For the City Council Hearing Date of: January 4,2022 (Findings on January 18,2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of January 4, 2022,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of January 4,2022, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 4, 2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of January 4,2022,incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019, Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of January 4,2022, incorporated by reference. The conditions are concluded to be FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR FLUID ESTATES SHP-2021-0008 - 1 - reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for a short plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of January 4,2022, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat,or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 11- 6B-7C). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board 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. F. Attached: Staff Report for the hearing date of January 4, 2022 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR FLUID ESTATES SHP-2021-0008 -2- By action of the City Council at its regular meeting held on the 18th day of January 2022. COUNCIL PRESIDENT TREG BERNT VOTED COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert Simison 1-18-2022 Attest: Chris Johnson 1-18-2022 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 1-18-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR FLUID ESTATES SHP-2021-0008 -3- Item#8. EXHIBIT A STAFF REPORTC�WE COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT f D A H 0 HEARING 1/4/2022 DATE: TO: Mayor&City Council Ef FROM: Sonya Allen,Associate Planner 208-884-5533 Property SUBJECT: SHP-2021-0008 W. McMillan Road Fluid Estates LOCATION: 3110 W. Quintale Dr., in the NW 1/4 of Section 35,TAN.,R.1W. II � I. PROJECT DESCRIPTION Short plat consisting of 3 buildable lots on 2.0 acres of land in the C-C zoning district. II. APPLICANT INFORMATION A. Applicant: Michael Byrns, Idaho Survey Group—9955 W. Emerald St.,Boise,ID 83704 B. Owner: Eric Wall,Fluid Real Estate Investments,LLC—2880 E. 14t'',Ammon, ID 83401 C. Representative: Same as Applicant III. NOTICING City Council Posting Date Legal notice published in 12/19/2021 newspaper Radius notice mailed to property owners within 500 feet 12/15/2021 Posted to Next Door 12/15/2021 Page 1 Page 121 Item#8. IV. STAFF ANALYSIS The short plat proposes to re-subdivide Lot 2,Block 25,Bridgetower Crossing Subdivision No. 7 into three (3)buildable lots. The property consists of 2.00 acres of land in the C-G zoning district. Staff has reviewed the proposed short plat for compliance with the criteria set forth in UDC 11-6B-5 and deems the short plat to be in compliance with said requirements. Street buffers were constructed and landscaping installed adjacent to N. Ten Mile Rd.,W. McMillan Rd. and W. Quintale Dr. with the previous subdivision improvements. Future development of the proposed lots should comply with the dimensional standards listed in UDC Table 11-2B-3 for the C-G zoning district. Access to this property should be provided via the two existing access easements/driveways at the east boundary of this site as depicted on Record of Survey#11816 included in Section VI.C; direct lot access via N. Ten Mile Rd.,W. McMillan Rd. and W. Quintale Dr. is prohibited. The existing Development Agreement(AZ-01-003—Inst. #101117652,note#4 on pg. 6) for this property requires approval of a conditional use permit prior to development of this property.Note#12 on the Bridgetower Crossing Subdivision No. 7 plat also states development of this property may only occur through the CUP process. V. DECISION Staff: Staff recommends approval of the proposed short plat with the conditions noted in Section VII of this report and in accord with the findings in Section VIII. A. The Meridian City Council heard these items on January 4,2022. At the public hearing the Council moved to approve the subject SHP request. I. Summary of the City Council public hearing: a. In favor: Michael Byrns,Eric Wall b. In opposition: None c. Commenting:None d. Written testimony:None e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. Impacts on parking for the overall site if two additional building lots are created. 4. City_ Council change(s)to Commission recommendation: a. None Page 2 Page 122 Item#8. VI. EXHIBITS A. Short Plat(date: 11/18/21) Plat Showing N Fluid Atdtes SllbdA'Ni01? A Re—subdivision of lot 2 In Black 25 at Brld"to -or CrassiIg SubdMsfan No- 7, � � Sltuoted in the Northwest Doter of the Northwey} WQrter of Section 35, W � Township 4 North. Range t Went. 9niss Meridian, 1�LL , City of meridian Id, Ado County, aho. aoi�nw 40 2427 s7r cs� w.rawer ae. 98959'19'E Y99Z82' , �1>�03tf74'E S 9Y16 - &Zm ¢ 7abr��' _''—__ T . 14 s o m '� �a'�, !�' I•I�� rrur+F+.¢pun MaN4a Mwq� � + ¢ S �r�I. +��` �� 4r�', �:I� � • s.,,h'.3r'`..r.o.e �rb.n��wx..�e2 naer' + r $'.�:'j + ��' I�,� � &,S.;.N-w en w�xw•wrlk 9�4MY�4a��eN - � a i O r.ae x.e s.��o.,..,r�r me m.e�ws i iva• fI I < I - - - - - - • 1�1 � i ki X'�� 'L la..n M1ue t,iaiww R.n tti"�..rnoe,iw.i.l bw�.. .fly Wane 1 i Il.ww.r�rwWY.,—j k6j . a Ww.W�Eawrl lYw a+"r w....i L" _lid u � f +sua.v.u. anex�n I.Akd ..mow .. a _ r arwnr --�T ��_�2—��¢ _ -J.OI~_' x�uw wi.w. drw TAM i riaemnnr mxrr ..............-.............. ,.i.. an. Wou w,w. ore. aien e.rnu aioro r.� —'— —$--- .—.�- ---- r�°0 fr n>' a»w o.rar aea.a•,rk ran IDAHO �'•""°' Bad< nose %74 xao- rieo-'eseee se-er SURVEY ,ew as 5nace, �r a GROUP,LLC Page 3 Page 123 Item#8. }luid&tates Subdivision m ew...ae N.sw a.�n.a M wln.I.G.nll r.md....wr9 w.e.• L.aLfJelf Nannt].a S M11WM,4 war a�..� a up�..+MY.Fw c M sr.Mel�a Mn 1+woad.M+;.l►i.IbY k.lMn el�a..I �rM.a�..n u*ia wYYy.r Vp�a�... �.b4W.•. �..,y...W�.r ua�.ir.m.ed uc mo.iu.r 6 m F.1Y Y.�1.9 ML.oA F.r ra Y+!u.aonn.�4h ni !dal Ir ura..i w.a.....i :�i...L .w cnl.eY.w +..o.nan w 11[a I1Vewl Ixa alKama Mihrsv a�R N e��rf se wcl w+vl nxl rawb.q nlw+a.e.ea. bvb I.H F.1�[m W.rl.Ywd eo IY Y+yn ny YY5M1f e y a.a......b.., .e.w„i.r.. o-r......aa.........w cha. I,o:sb xw:�I� �`wr:Mr,�ca:.yexe ti aalw�rw rwkpdeimw�`l��w `"°tea° 'vti��°ir�r�aa.°o�"aa�,.. �' ce Iwe.w eww�w.wn h..i6�F-016..fY T. aM.al..w1.[�I.1K.aT4Catt@ W WV.�WWa^We—M-tiY 5�11`+i Fwewre. ___ _ oe trr.:l n,eo.n..�arer..a xa r>le..a,.r.nor lI L•� Bonk Page suavEY _......._. s, � , GROUP.LLC a Page 4 Page 124 Item#8. B. Proposed Landscape Plan(dated: 11/16/21) MCI IFCE aeour o s 171I11J k i - M . Ion S ' J Q PLAN W-4LlIWALE.DR. j • �L100 P Page 5 Page 125 Item#8. IMAN Siff{Iac[ 6S uP 2 L a LPJ�CArE _ NO1—dA OETAJLS 1 eaud BLIRUW TREE PLANTING SHRl6 PLAN{111G 3 PLANTER ISLAND GUAIL _�. L150 Page 6 Page 126 Item#8. C. Record of Survey#11816 RECORD OF SURVEY NO. /tom ACCE$S EASEMENT FOR LD'12 OVER LCT S,ULOCK 25.&iIpGETOWER CROSSING$IIE@IV IQHbN Lf'r��►��1} LOCATED IN THE NW114 OF SECTION 35,7OWN$IJIP4 NORTH,RAROE 1 WE$T BOISE MERIDIAN,CITY OF MERIDIAN,ADA COUNTY,IDAHO w � toP � 2019 LEGEND coarlEa x,. Rexr-0x-rn.r�xL 27 26 ST 95 0 raxo cw rwlrPn w.IL1YIuiH RCrIN Iwmtrt �� SfP� 9� a.. tp mr F FpTR a!N R411 PCO Ls Ploim a'�[t si1.a. I� sm=_a�ut sass �� srr op'max[Ire rw,Ls•.e�co I I' xw S.\ I x sicu.rw voxi-.oce.e si ue ron 3 R �Sa850 OTL ADCEss eNY LIP_L1�L�4a��a ']E-47A awl' �' Y I—g xuwm oirn+C rwaRx*•m� sett xau. -�.._r ,�. ^,„•�� 4 �,j C 1 I 1 17 I tf x f H07E I D q y�� j !! �r�d ntn sxler n ro INI.nr.o uaL.iui sr, ;i BASIS OF BEARINGS I ,ra,cos I � I I I g �rrxmc a�ieugi.�[� �mc f�tm�l xwes &I •��er,[�n s � �� REFERENCES^LLm..xas owl.ra nao x � Pui a eaoccwnw ea�xc Aevrery xa a F i � RECORDERS CERTIFICATE 6 1 d} I I• 1 � oom Ww=— I r I rS�� d ��irawrm�r p�E REacsia rme.rp Ixtmnom cw•u- ,xvffe.Icxi �'•��s+%+s x�� V. a 5 7 CERTIFICATE OF SURVEYOR «mF - POB �� rxr=� 1 L.ne e.auPv m rtxar xiknEr mwi x sr• 11H sexlolAL�X �S' ��I 'NR'.Itll9"w 1�t-0Y �—�� J 9.kVENNR r RRRfr2afIIiRfY iklirl H{YE IXWIID Y1x nTE Y.,r IeNI�°"�a..�A yN uvmv la Iwm mte. AI® i w.'Y z IiM LIxE Tadr LNE f -E LI/Y TAd£ d.cnC Tanr RrRLT i?gIC yi�talEpt I [cf>rr9 aprp � I= ue IM}T1A aetx� fmm x aLxe� Vf neLmee•r Nelrrre dcC.[ N�S incrn rt'xrm• Seaa•xm ee_e.•ow��-.'gymK12 -'E 1TA5 1t�5'A•i e. 31A1' ALte mrn'xdY NLry LYI w 477EX e. —N —W nrWaYE er.x' T•O CNGIWCLFI1ii s LiYynryt tv.LY m'4tT m.aY x�iaoo' ayx W. T m — Ltw6wrv?tatrq mama 34 F35—.grp,LdgE •mir'L mlpt1:11o11 Ytmu ./OEnOn9NRCCN •,.tORVER n�mtt x'xY[ PeTY _-.-_.._ •�nrtrv_wRrrrnaene.nrle.rv.nrrA SHEET NO.70F1 Page 7 Page 127 Item#8. VII. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development: AZ-01-003 (Development Agreement Inst. #101117652) &CUP-01-006 (PUD). 2. If the City Engineer's signature has not been obtained within two(2)years of the City Council's approval of the short plat,the short plat shall become null and void unless a time extension is obtained,per UDC 11-6B-7. 3. The short plat prepared by Idaho Survey Group on November 18, 2021 by Michael Byrns, included in Section VI.A shall be revised as follows: a. Note#1: ". . . from the Health Authority and the City of Meridian." b. Note#13: Include recorded instrument number for cross-access easements. c. Include a note stating direct lot access via W. Quintale Dr. is prohibited.Access to this property should be provided via the two existing access easements/driveways at the east boundary of this site as depicted on Record of Survey#11816 included in Section VI.C. 4. The landscape plan prepared by Stack Rock Group on 11/16/21, included in Section VI.B is approved as submitted. 5. Staff s failure to cite specific ordinance provisions or conditions from the previous approvals noted above does not relieve the Applicant of responsibility for compliance. B. Public Works General Conditions: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department,and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life,safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff,the applicant shall provide a written certificate of completion as set forth in UDC 11-313-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing,landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the Page 8 Page 128 Item#8. amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City.The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life,non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD.The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Page 9 Page 129 Item#8. Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x I I" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so,how they will continue to be used, or provide record of their abandonment. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C.1).The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. VIII. REQUIRED FINDINGS FROM THE UNIFIED DEVELOPMENT CODE In consideration of a short plat,the decision-making body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan and is consistent with the Unified Development Code; The Comprehensive Plan designates the future land use of this property as Commercial and the current zoning district of the site is C-G. The City Council finds the proposed short plat complies with the short plat standards listed in UDC 11-6B-5. Future development should comply with the dimensional standards for the C-G district listed in UDC Table 11-213-3. B. Public services are available or can be made available and are adequate to accommodate the proposed development; Page 10 Page 130 Item#8. The City Council finds that public services will be provided and are adequate to serve the proposed lots. C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvements program; The City Council finds all required utilities will be provided with lot development at the developer's expense. A There is public financial capability of supporting services for the proposed development; The City Council finds that the development will not require major expenditures for providing supporting services as services are already being provided in this area. E. The development will not be detrimental to the public health, safety or general welfare; and The City Council finds the proposed development will not be detrimental to the public health, safety or general welfare. F. The development preserves significant natural, scenic or historic features. The City Council is not aware of any significant natural, scenic or historic features associated with short platting the structure on this site. Page 11 Page 131