HomeMy WebLinkAboutZ - Approved 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 Two(2)Year Time Extension on the Preliminary Plat(H-2016-
0001),by Engineering Solutions.
Case No(s). TECC-2024-0002
For the City Council Hearing Date of: August 20, 2024 (Findings on September 3, 2024)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of August 20, 2024,incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of August 20, 2024, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of August 20,
2024, incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of August 20,2024, 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.
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 August 20,2024, incorporated by reference. The conditions are concluded to be
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR BRUNDAGE ESTATES TECC-2024-0002 - I -
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 time extension on the preliminary plat is hereby approved per the
conditions of approval in the Staff Report for the hearing date of August 20,2024, 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 11-613-7A).
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-713).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-613-7.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-
613-7C).
E. Judicial Review
Pursuant to Idaho Code § 67-6521(1)(d),if this final decision concerns a matter enumerated in Idaho
Code § 67-652 1(1)(a), an affected person aggrieved by this final decision may,within twenty-eight
(28)days after all remedies have been exhausted, including requesting reconsideration of this final
decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as
provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of
Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA.
F. Notice of Right to Regulatory Takings Analysis
Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the
subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory
takings analysis.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR BRUNDAGE ESTATES TECC-2024-0002 -2-
G. Attached: Staff Report for the hearing date of August 20,2024
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR BRUNDAGE ESTATES TECC-2024-0002 -3-
By action of the City Council at its regular meeting held on the 27th day of August
2024.
COUNCIL PRESIDENT LUKE CAVENER VOTED
COUNCIL VICE PRESIDENT LIZ STRADER VOTED
COUNCIL MEMBER DOUG TAYLOR VOTED
COUNCIL MEMBER JOHN OVERTON VOTED
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED
COUNCIL MEMBER BRIAN WHITLOCK VOTED
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. Simison 8-27-2024
Attest:
Chris Johnson 8-27-2024
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: 8-27-2024
City Clerk's Office
Charlene Way, Assistant City Clerk
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR BRUNDAGE ESTATES TECC-2024-0002 -4-
EXHIBIT A
COMMUNITY DEVELOPMENTDEPARTMENT REPORT
REPORT ✓✓ rY L
HEARING 8/20/2024 legend ✓9
DATE:
Project Location , _�, @' �r
TO: Mayor&City Council ...Area or impact @ @_
y y = City Limits
FROM: Sonya Allen,Associate Planner O Analysis J
208-884-5533
sallen@meridiancity.org
APPLICANT: Engineering Solutions
SUBJECT: TECC-2024-0002
Brundage Estates—TECC
LOCATION: 3770 S. Linder Rd., in the west 1/2 of
Section 25,T.3N., R.l W. -- -
I. PROJECT OVERVIEW
A. Summary
Two(2)year time extension on the preliminary plat(H-2016-0001)to obtain the City Engineer's
signature on the first phase final plat.
B. Issues/Waivers
None
C. Recommendation
Staff: Approval with the conditions included below in Section IV.
D. Decision
Council: Approval as recommended by Staff.
IL COMMUNITY METRICS
Table 1•Land Use
Description Details Map Ref.
Existing Land Use(s)/Proposed Use There is currently one single-family home on this rural -
residential/agricultural property
Proposed Land Use(s) A total of 366 single-family homes are entitled to develop on this site
Existing Zoning R R-4(medium low-density residential) VII.A.2
Future Land Use Designation LDR(Low-density Residential)&MDR(Medium-density VII.A.3
Residential)
Table 2: Process Facts
Description Details
Preapplication Meeting date 6/4/2024
Neighborhood Meeting 6/20/2024
City of Meridian I Department Report I. Project Overview
Description Details
Site posting date 7/10/2024
Table 3: Community Metrics
Agency/Element Description/Issue Reference
Ada County Highway District
• Comments Received Yes -
• Commission Action Required No -
See City/Agency Comments and Conditions in Section IV and in the public record for all comments
received.
III. STAFF ANALYSIS
Comprehensive Plan and Unified Development Code (UDC)
A. General Overview
The UDC states that approval of a preliminary 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. If phased, each phase must be signed by the City Engineer within two(2)
year successive internals. They Applicant may request an extension of time of up to two(2)years
if such request is filed prior to the termination period. With all extensions,the City Council may
require the preliminary plat to comply with the current provisions of the UDC. See UDC 11-6B-
7C for more information.
A two(2)year time extension is requested on the preliminary plat(H-2016-0001)in order to
obtain the City Engineer's signature on the first phase final plat. The extension would give the
Applicant until July 26, 2026 to obtain signature on the final plat.
The reason for delay in moving forward with this development in the past is that the developer
has been focused on development of the adjacent Biltmore Estates(Oakwood) and Graycliff
Estates subdivisions. There were no new conditions of approval placed on the development with
the previous time extensions as the project was determined to be in compliance with the UDC
standards in effect at that time, including open space and site amenity standards.
The delay since the last time extension is due to improvements to Harris Street(to the east)being
completed with Stapleton Subdivision and the City of Meridian extending sewer south in Linder
Rd. from Fall Creek Subdivision. Since that time, Stapleton Subdivision has been partially
constructed and construction of surrounding developments have necessitated some design
changes to match adjacent improvements. The Applicant is currently in the design process of
phases 1 and 2 of Brundage Estates. Completed plans are anticipated to be submitted to agencies
for review in September of this year; construction of the subdivision improvements is planned for
November or December of this year with paving in the Spring or Summer of 2025.As conditions
of the subject time extension, Staff recommends 10-foot wide detached sidewalks are
provided in lieu of 5-foot sidewalks along S.Linder Rd. and W.Harris St.for public safety;
and internal local and collector streets align with stub streets to this property.Note:A 5-foot
wide detached sidewalk has already been constructed along most of S. Oakbriar Way along the
eastern boundary of the site with development of Graycliff Estates subdivision to the east.
The development includes private open space areas with playgrounds,picnic shelter and
pathways.A 10-foot wide multi-use pathway and landscaping is planned through the Williams'
Pipeline easement corridor and an 8-acre City park is planned within the development. Services
are available at the site for extension with development. Development of this subdivision will
allow Harris Street, a mid-mile collector,to be extended from the east boundary through the site
to Linder Rd. in accord with ACHD's Master Street Map.
City of Meridian I Department Report III. Staff Analysis
Approval of the subject time extension will allow the Applicant to move forward with
development as entitled without having to go back through the preliminary plat process again.
The proposed low-density development will provide larger lot sizes (i.e. average of 10,193 square
feet)than is typical these days with an overall gross density of 2.68 units per acre,which is
consistent with Policy#2.01.01 in the Comprehensive Plan,which states, "Encourage diverse
housing options suitable for various income levels, household sizes, and lifestyle preferences."
The provision of a City park is also consistent with Policy#4.02.02,which states,"Provide a
variety of park types (neighborhood parks, community parks, regional parks) with a diversity of
uses and activities interspersed throughout the community."
Table 4:Proiect Overview
Description Details
History AZ-13-014 Victory South(Ord.#14-1594);H-2016-0001 (PP Brundage
Estates);A-2018-0231 (11t time extension);TECC-2020-0001 (2nd time
extension);TECC-2022-0001 (3rd time extension)
Acreage 13 6.63-acres
B. History and Process
The preliminary plat(H-2016-0001) for this property was approved in 2016. Three (3)previous
time extensions have been approved for this subdivision,the last of which would have expired on
July 26,2024 had the subject time extension request not been submitted.
IV. CITY/AGENCY COMMENTS& CONDITIONS
A. Meridian Planning Division
1. The Applicant shall comply with all previous conditions of approval associated with this
development(i.e. A7--13-014 Victory South; H-2016-0001 (Brundage Estates PP);A-2018-
0231,TECC-2020-0001, TECC-2022-0001 Brundage Estates)as well as those listed below.
2. Ten(10) foot wide detached sidewalks shall be constructed along S. Linder Rd. and W.
Harris St.
3. Internal local and collector streets shall align with stub streets to this property.
4. The Applicant shall obtain the City Engineer's signature on the first phase final plat on or
before July 26,2026; or, apply for a time extension prior to that date as set forth in UDC 11-
6E-7 in order for the preliminary plat to remain valid.
Other Agency comments may be accessed in the proiect file, included in the public record.
V. ACTION
A. Staff:
Staff recommends approval of the proposed TECC application and finds it in conformance with
the Comprehensive Plan and the UDC with the conditions included in Section IV.
A. City Council:
The Meridian City Council heard this item on August 20 2024. At the public hearing,the Council
moved to approve the subject TECC request.
1. Summary of the City Council public hearing:
a. In favor: Becky McKay, Engineering Solutions
b. In opposition: None
c. Commenting:None
City of Meridian I Department Report V. Action
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. None
4. City Council change(s)to Staff recommendation:
a. None
City of Meridian I Department Report V. Action
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City of Meridian Department Report VI. Exhibits
C. Approved Preliminary Plat(dated: 1/16/16)
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City of Meridian Department Report VI. Exhibits
D. Service Accessibility Report
PARCEL S1225233910 SERVICE ACCESSIBILITY
Overall Scare: 22 11 th Percentile
Description
Location In City Limits
Extension Sewer Trunkshed mains a 500 ft.from parcel
Floodplain Either not within the 100 yrfloodplain or a 2 acres
Emergency Services Fire Response time a 9 min.
Emergency Services Police Meets response time goals most of the time
Pathways Within 1/4 mile of current pathways
Transit Not within 1/4 of current or future transit route
Arterial Road Buildout Status Ultimate configuration(#of lanes in master streets YELLOW
plan)a existing(#of lanes)&road IS in 5 yr work plan
School Walking Proximity From 1/2 to 1 mile walking YELLOW
School Drivability Not within 2 miles driving of existing or future school
Park Walkability No park within walking distance by park type
Report generated on 07-31-2024 by MERIDIA%sallen
City of Meridian I Department Report VI. Exhibits