HomeMy WebLinkAboutSTATEMENT OF COMPLIANCE V1E IDI� 11
APPROVED
DA EI 02/04/22
CITY OF MERIDIAN
GS OF FACT, CONCLUSIONS OF LAW (:�WE Nty
AND DECISION & ORDER
In the Matter of the Request for Rezone, Short Plat, Development Agreement Modification, and
Conditional Use Permit applications, by Baron Black Cat, LLC.
Case No(s). H-2020-0022
For the City Council Hearing Date of: October 13, 2020 (Findings on October 27, 2020)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of October 13, 2020, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of October 13, 2020, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of October 13,
2020, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of October 13, 2020, 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 I I 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.
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 October 13, 2020, incorporated by reference. The conditions are concluded to be
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FOR (MODERN CRAFTSMAN — FILE #H-2020-0075) - I - Page 161
APPROVED Portable and the applicant shall meet such requirements as a condition of approval of the
DAT 02/04/22 pplication.
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 Rezone, Short Plat, Development Agreement Modification, and
Conditional Use Permit is hereby approved per the conditions of approval in the Staff Report
for the hearing date of October 13, 2020, 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 11-6B-7B).
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).
Notice of Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a maximum
period of two (2) years unless otherwise approved by the City. During this time, the applicant
shall commence the use as permitted in accord with the conditions of approval, satisfy the
requirements set forth in the conditions of approval, and acquire building permits and
commence construction of permanent footings or structures on or in the ground. For
conditional use permits that also require platting, the final plat must be signed by the City
Engineer within this two (2) year period.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-513-6.G.1, the Director may authorize a single extension of the time to commence the
use not to exceed one (1) two (2) year period. 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 conditional use comply with the current provisions of Meridian
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FOR (MODERN CRAFTSMAN — FILE #H-2020-0075) -2-
Page 162
APPROVED
DA EI 02/04/22
City Code Title 11(UDC 11-5B-6F).
of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s) and returned to the city within six (6) months of the city council granting the
modification.
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six (6) month approval
period.
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 October 13, 2020
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FOR (MODERN CRAFTSMAN — FILE #H-2020-0075) - 3 - Page 163
E IDI� 11
APPROVED
DA EI 02/04/22
of the City Council at its regular meeting held on the
UNCIL PRESIDENT TREG BERNT
COUNCIL VICE PRESIDENT BRAD HOAGLUN
COUNCIL MEMBER JESSICA PERREAULT
COUNCIL MEMBER LUKE CAVENER
COUNCIL MEMBER JOE BORTON
27th day of October
VOTED AYE
VOTED AYE
VOTED AYE
VOTED AYE
VOTED AYE
COUNCIL MEMBER LIZ STRADER VOTED AYE
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Fri t
Mayor Robert E. Sinison 1
Attest:
Chris Johnson%
City Clerk
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
,t 1
By: L, ,. Dated: _10-27-2020
City Clerk's Office
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FOR (MODERN CRAFTSMAN — FILE #H-2020-0075) - 4 - Page 164
(E IDI� I.�1\
APPROVED /AGENCY COMMENTS & CONDITIONS
DATE 02/04/22
CANNING DIVISION
FU NIA IER: FPS- G21a
The subject property shall no longer be subject to the terms of the existing Development
Agreements (DA) (Inst. #'s: 106151218; 107025555; 107141993; 110059432; and 2014-
065517) upon the property owner(s) entering into a new agreement. The new DA shall be
signed by the property owner(s) and returned to the Planning Division within six (6) months
of the City Council granting subject modification. The new DA shall incorporate the
following provisions: DAIS RECORDED
a. Future development of this site shall be generally consistent with the submitted
plat, site plan, landscape plan, open space exhibit, and conceptual building
elevations for included in Section VII and the provisions contained herein.
UNDERSTOOD AND WILL COMPLY
b. The 10-foot multi -use pathway along Chinden Boulevard shall be constructed
with Phase 1 of the development.. and should be placed at least four (4) feet
from the edge of the common lot abutting the common lot reserved for ITD.
DONF F C�C�PIPROVAT�
c. Direct lot access to in en ou evard (420/26) shall be prohibited.
DONF S.EJ PL,A�
d. The existing accesses onto hm en ou evard and N. Black Cat Road shall be
closed upon development of the subject site. DONE WITH PLAT AND SITE GRADING
e. Additional right-of-way shall be reserved for dedication to Idaho
Transportation District for the future widening of Chinden Boulevard, as
shown on the plat as Lot 1, Block 1. SEE PLAT
f The only approved aeeess to N. Blaek Cat Read is the nei4hefnmest aeeess
shown on the pfoposed CUP Plan as W. Wa-vet4en La-fle, unless City Cetineil
approves the seeend aeeess in aeeef with UPC 1 1 3A-3.
g. The required landscape street buffers shall be constructed and vegetated along
the entire perimeter (along N. Black Cat and Chinden Boulevard) with the first
phase of development. DONE WITH CZC APPROVAL
h. The Applicant shall vegetate the common lot (Lot 1, Block 1), reserved for
future dedication to Idaho Transportation Department (ITD), with grass and not
gravel until such time that this lot is dedicated to ITD. DONE CZC APPROVAL
i. The proposed commercial building located near the intersection of N. Black
Cat Road and W. Chinden Boulevard (SH 20/26) shall be constructed as a two-
story structure as depicted in the submitted concept renderings (see exhibit
III and as noted on the revised CUP Site Plan. WILL COMPLY
j. The Vertically Integrated Residential Project area of the-site..,s1 aazdberg-lo-the�PROVAL
specific use standards as outlined in UDC 11-4-3-41.
k. The reauired land use buffer between the C-C zonine district and the R-15
zoning district is hereby waived as approved by City Council; the minimum
distance between buildings and across zoning districts is ten (10) feet per the
multi -family specific use standards (UDC 11-4-3-271. DONE CZC APPROVAL
2. The short plat included in Section VII.B, dated June 2020, shall be revised as follows prior to
the City Council hearing:
a eemmen let(s)per UPC-11 3B-7C 2.
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(E IDI� I.�1\
APPROVED
DATE 02/04/22
FRB MMBBR: FPS- G21a
c. Stamped and signed by the licensed land surveyor. SEE PLAT
3. The landscape plan included in Section VII.D, dated 06/18/2020, shall be revised as follows
prior to submittal of the Certificate of Zoning Compliance application:
a.
The Landseape Galettlations/Requifements table shall inelude the fellewing� 1) the total
linear- feet of pathways and the required au4aeF of tfeesper- UPC 11 3B-1-2); the total
squafe footage of eoFmnen open spbermstrees per- UDC -11 39-3E.
b. Revise the landseape plans to show the fequir-ed modulation in the r-equifed noise
3n wall along W. Chinden Blvd. in aeeer-d with UDC 11 314 4 D.
c. ,
and other- vegetative ground eever- to
the areas of the landseape buffer-s between the futufe eommer-eial buildings and Chifide
Blvd. andBlaek Eat Road in accord with UDC „ 3B 7C
.... . ... . ........
e
. ......... . . ...........
ME- --------
e. Revise the landscape plans to show trash receptacles and bags for waste disposal
throughout the proposed dog park area. DONE WITH CZC APPROVAL
g. Show the common lot dedicated forfuture ITD ri ht-of-wav (Lot 1, Block 1) to be
landscaped with grass and not rg=avelDONE WITH CZC APPROVAL
4. The residential elevations included in Section VII.G, dated Febfuafy 2020, shall be revised a
flows at least 10 days prior- to the City Couneil he -ir'-: are approved as submitted.
a.
Add additional area of a seeendafy field fnater-ial for- the pf:epesed toyalhome un
help br-eak up the large amettat of stueee as a field material.
5.
6. Future development shall be consistent with the minimum dimensional standards listed in
UDC Table 11-2A-6, UDC Table 11-2B-3, and those listed in the specific use standards for
multi -family development, UDC 11-4-3-27. DONE WITH PLAN APPROVAL
7. Off-street parking is required to be provided in accord with the standards listed in UDC Table
11-3C-6 for mu1*bqtVfplLbAsNdAgtr of bedrooms per unit.
8. With the CZC submittal, the Applicant shall correct the applicable plans to show additional
colored or stamped concrete (or similar) of the main pedestrian sidewalk that traverses
through the center of development to further delineate the pedestrian pathways.
DONE WITH CZC APPROVAL
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(E IDI� I.�1\
APPROVED
DATE 02/04/22
FU NUMBER: FPS- G21a
11
The Applicant shall work with the City Arborist on an appropriate alternative to their
proposed "Ash" tree selection and obtain approval from the City Arborist prior to Final Plat
approval. DONE WITH CZC APPROVAL
The Applicant shall- DOWYAAWARIVN 0 fik i
The Applicant shall obtain Administrative Design Review approval for the future commercial
buildings with the submittal of the Certificate of Zoning Compliance for the entire site. The
architecture ofAeon�iNalpuildings shall complement that of the residential portion of
the project. G 1� �tl
12. The Applicant shall obtain Certificate of Zoning Compliance approval for the entire subject
site prior to applying for any building permit. CZC IS DONE
13. Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-
12. WILL COMPLY
14. Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-
3A-15, UDC 11-3B-6 and MCC 9-1-28. DONE WITH PLAN APPROVAL
15. Upon completion of the landscape installation, a written Certificate of Completion shall be
submitted to the Planning Division verifying all landscape improvements are in substantial
compliance with the approved landscape plan as set forth in UDC 11-3B-14.
WILL COMPLY
17. The applicant and/or assigns shall com�pp1 with the vate street standards as set forth in
UDC 11-3F-3 and 11-3F-4. DONE WITpri
H PLAN APPROVAL
18. The conditional use approval shall become null and void unless otherwise approved by the
City if the applicant fails to 1) commence the use, satisfy the requirements, acquire building
permits and commence construction within two years as set forth in UDC 11-5B-6F.1; or 2)
obtain approval ofp 1�y NSf0r4VifL1]ff Iff d6f .4.
19. Prior to issuance of Certificate of Occupancy on any building, the applicant shall submit a
public access easement for the multi -use pathway(s) along Chinden Boulevard to the
Planning Division�rc�v]Eb,�Council and subsequent recordation.
20. Business hours of operation within the C-C zoning district shall be limited from 6 am to 11
pm asset forth in UDC 11-2B-3A.4. WILL COMPLY
B. PUBLIC WORKS
1. Site Specific Conditions of Approval
1.1 Design and number of units clustered together is of particular concern— staff is unclear as to
how all units will be serviced. A utility layout depicting how all of the units will be serviced
while still meeting design requirements shall be required. WORKED OUT IN PLAN APPROVAL
1.2 Sanitary sewer mainlines are not allowed within common drives, only sewer services
(reminder that a maximum of three services are allowed into a manhole, with a minimum 30-
degrees of angle separation). DONE WITH PLAN APPROVAL
1.3 A street light plan will need to be included in the final plat application. Street light plan
requirements are listed in section 6-7 of the City's Design Standards. A future installation
agreement is required for the streetlights on Chinden Blvd. Contact the Meridian
Transportation and Utility Coordinator for additional information.
DONE WITH PLAN APPROVAL
1.4 Water service to this site is being proposed via extension of water mains under the
jurisdiction of SUEZ North America.
DONE WITH PLAN APPROVAL
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(E IDI� I.�1\
APPROVED
DATE 02/04/22
FU NUMBER: FPS- G21a
.5 Though the City of Meridian will not own or maintain the water system in this development,
final fire hydrant location shall be coordinated with and receive approval from the Meridian
Public Works Depart%r kWj x %Rey ft6, f�y to construction plan approval.
NE
.6 Structures of 3600 square feet and larger including the garage, shall comply with the fire
flow, and hydrant requirements off aapppendix�b and c�off the 2015 International Fire Code.
.7 Prior to construction plan pproval, �hPe applican sha-lTl it documentation from SUEZ
North America indicating that they have approved the water plans. DONE WITH PLAN APPROVAL
1.8 Prior to scheduling of a pre -construction meeting, the applicant shall submit documentation
from SUEZ North America that all of their requirements have been met to be able to go to
construction. DONE WITH PRE -CON MEETING
2. General Conditions of Approval
2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works
Department, and execute standard forms of easements for any mains that are required to
provide service outside of a public right-of-way. 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. DONE WITH PLAN APPROVAL
2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water
mains to and through this development. Applicant may be eligible for a reimbursement
agreement for infrastructure enhancement per MCC 8-6-5.DONE WITH PLAN APPROVAL
2.3 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 development
plan approval. DONE SEE PLAT
2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-
round source of water (MCC 12-13-8.3). 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 topriorto receiving development plan approval.
2.5 All existing s�lckes thaae%gmredtoti�emoLed shall be prior to signature on the final
plat by the City Engineer. Any structures that are allowed to remain shall be subject to
evaluation and possible reassignment of street addressing to be in compliance with MCC.
2.6 All irrigation di�cFiesvEanaJsT�atars orDa�nsO, 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.
DONE WITH PLAN APPROVAL
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(E IDI� I.�111
APPROVED .7
DATE 02/04/22
FU NWAMR: FPs-zoziaoea
►-
Any existing domestic well system within this project shall be removed from domestic
service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering
Department at (208)898-5500 for inspections of disconnection of services. Wells may be
used for non -domestic purposes such as landscape irrigation if approved by Idaho
Department of Water Resources Contact Robert B. Whitney at (208)334-2190.
DONE WITH SITE GRADING AND DEMO
Any existing septic systems within this project shall be removed from service per City
Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment
procedures and inspections (208)375-5211. N/A
2.10 Prior to applvine for building hermits. the followine minimum items shall
completed: street signs are to be in place, the installation of sanitary sewer and water
systems (with the water system being fully activatea a com acted road base capable of
importing an 80,000 lb. fire truck shall be approved by design engineer, with written
confirmation of such apV&NQ6ubnjjAQi th%lVle idian $uildine Department.
2.11 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, etc., prior to signature on the final plat.
SURETY 2021-0079
2.12 All improvements related to public life, safety and health shall be completed prior to
occupancy of the structures. Where approved by the City Engineer, an owner may post a
performance surety for such improvements in order to obtain City Engineer signature on the
final plat as set forth in UDC 11-5C-3B. SURETY 2021-0079
2.13 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter. DONE WITH PLAN APPROVAL
2.14 It shall be the responsibility of the applicant to ensure that all development features comply
with the Americans with Disabilities Act and the Fair Housing Act.
2.15 Applicant stlaCtTe resp nstkeyfor application and compliance with any Section 404
Permitting thha/tt may be required by the Army Corps of Engineers.
2.16 Developer shall coordinate mailbox locations with the Meridian Post Office.
SEE EXHIBIT 2.16
2.17 All grading oiiNNih 6�F6Knx$kg gwce with MCC 11-12-3H.
2.18 Compaction test results shall be submitted to the Meridian Building Department for all
building pads receiving
npengi�gineered backfill, where footing would sit atop fill material.
2.19 The design engineer 6ePreq ired 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 spaccees' of homes is at least 1-foot above.
2.20 The applicanit d�Egh erigH P1'spia�l�e�e�9ns41e 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 cefeRaVy is issued for any structures within the project.
2.21 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
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APPROVED
DATE 02/04/22
FU NUMBER: FPS- G21a
received and approved prior to the issuance of a certification of occupancy for any structures
within the project. WILL COMPLY
.22 A street light plan will need to be included in the civil construction plans. Street light plan
requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A
copy of the standards can be found at
http://www.meridiancity.org/public_works.aspx?id=272. DONE WITH PLAN APPROVAL
2.23 The City of Meridian requires that the owner post to the City a performance surety in the
amount of 125% of the total construction cost for all incomplete sewer, water and reuse
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 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 DepartmentgU:sj_P�s�_0079
contact Land Development Service for more information at 887-2211. KK ' Y
2.23 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, water and reuse
infrastructure for duration of two years. This surety will be verified by a line item cost
estimate 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.
C. FIRE DEPARTMENT
WILL COMPLY
https:Ilweblink. meridiancity, org/WebLink/Doc View. aspx?id=184359&dbid= 0&repo= Meridian C
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D. POLICE DEPARTMENT
https: llweblink. meridiancit�orglWebLinkIDocView. aspx?id=184598&dbid= 0&repo=MeridianC
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E. PARK'S DEPARTMENT
htWs:11weblink. meridiancity, org/WebLinklDocView.gWx?id=185184&dbid= 0&repo=MeridianC
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F. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO (COMPASS)
https:llweblink. meridiancity. orglWebLinkIDocView. aspx?id=184930&dbid= 0&repo=MeridianC
iv
G. BOISE PROJECT BOARD OF CONTROL
https: //weblink. meridiancity, org/WebLink/DocView. aspx?id=184482&dbid= 0&r0o=MeridianC
hty
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