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Velvet Point Subdivision H-2016-0068CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0068 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Combined Preliminary and Final Plat Consisting of One (1) Building Lot on 0.19 of an Acre of Land in the R-4 Zoning District for Velvet Point Subdivision , by Mussell Construction Case No(s). H-2016-0068 For the City Council Hearing Date of: August 16, 2016 (Findings on September 6, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of August 16, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 16, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 16, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 16, 2016, 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 at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0068 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of August 16, 2016, incorporated by reference. The conditions are concluded to be 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 combined preliminary and final plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of August 16, 2016, 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). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to 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 issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0068 - 3 - F. Attached: Staff Report for the hearing date of August 16, 2016 By action of the City Council at its regular meeting held on the day of 2016. COUNCIL PRESIDENT KEITH BIRD VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED kC, COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER TY PALMER VOTED Y4, COUNCIL, MEMBER LUKE CAVENER VOTED 6t COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED " (TIE BREAKER) Mayor Tammy Weerd QgP,rD A UGVsr, r,Attest: _ 'moo c•��y .r w (E IDIAN+� z '� IDAHO -Z C. - y Coles City Clerk 2TFRorrha TReP���� Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By:y, -�w/ 604 Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0068 - 4 - Exhibit A Velvet Point Subdivision – PFP H-2016-0068 PAGE 1 STAFF REPORT HEARING DATE: July 7, 2016 TO: Mayor & City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Velvet Point Subdivision – PFP (H-2016-0068) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Mussel Construction, has submitted an application for a combined preliminary and final plat (PFP) consisting of 1 building lot on 0.19 acres of land in the R-4 zoning district for Velvet Point Subdivision. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed PFP application based on the Findings of Fact and Conclusions of Law in Exhibit C of this report. The Meridian Planning & Zoning Commission heard these items on July 7, 2016. At the public hearing, the Commission moved to recommend approval of the subject Preliminary and Final Plat requests. a. Summary of Commission Public Hearing: i. In favor: Kent Mussell (Applicant) ii. In opposition: Erick Shaner iii. Commenting: Eric Shaner iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Bill Parsons b. Key issue(s) of Public Testimony: i. Losing this as “open space” for the existing development. c. Key Issues of Discussion by Commission: i. Height of the proposed home, whether one-story of two-story. d. Commission Change(s) to Staff Recommendation: i. The applicant shall comply with the submitted elevation. e. Outstanding Issue(s) for City Council: i. None The Meridian City Council heard these items on August 16, 2016. At the public hearing, the Council approved the subject combined preliminary and final plat request. a. Summary of City Council Public Hearing: i. In favor: Kent Mussell (Applicant) ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: None Exhibit A Velvet Point Subdivision – PFP H-2016-0068 PAGE 2 b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Council: i. None di. Key Council Changes to Staff/Commission Recommendation i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to recommend approval of File Number H-2016-0068, as presented in the staff report for the hearing date of July 7, 2016, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to recommend denial of File Number H-2016-0068, as presented during the hearing on July 7, 2016, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2016-0068 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 site is located at 2795 S. Velvet Falls Way, in the SE ¼ of Section 19, Township 3N., Range 1E. B. Applicant/Representative: Mussel Construction PO Box 3304 Nampa, ID 83651 C. Owner: Nampa & Meridian Irrigation District 1503 1 st Street Nampa, ID 83651 D. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a combined preliminary and final plat. A public hearing is required before the Planning & Zoning Commission and City Council, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: June 20 and July 4, 2016 (Commission) July 25 and August 8, 2016 (Council) C. Radius notices mailed to properties within 300 feet on: June 16, 2016 (Commission) July 21, 2016 (Council) D. Applicant posted notice on site(s) on: June 20, 2016 (Commission) August 1, 2016 (Council) Exhibit A Velvet Point Subdivision – PFP H-2016-0068 PAGE 3 VI. LAND USE A. Existing Land Use(s): The parcel was created in 1998 as Lot 5, Block 7 of the Salmon Rapids Subdivision No.4. The lot was created as a common lot for the subdivision and housed an irrigation well and pump house. The pump house and well have been abandoned and removed from the property. B. Character of Surrounding Area and Adjacent Land Use and Zoning: The property is located within Salmon Rapids Subdivision No. 4 and is surrounded by single- family residential parcels, zoned R-4. C. History of Previous Actions: • The preliminary plat for Salmon Rapids Subdivision was approved in 1994, and the Salmon Rapids No. 4 Final Plat was approved in 1995. D. Utilities: 1. Location of sewer: The city currently owns and maintains sanitary sewer mains directly adjacent to the proposed development. 2. Location of water: The city currently owns and maintains water mains directly adjacent to the proposed development. 3. Issues or concerns: The applicant shall be responsible for the installation of additional water and sewer services to the project. E. Physical Features: 1. Canals/Ditches Irrigation: NA 2. Hazards: Staff is not aware of any hazards that exist on this site. 3. Flood Plain: This site does not lie within the floodplain overlay district. VII. COMPREHENSIVE PLAN The Comprehensive Plan Future Land Use Map (FLUM) designates this site as Medium Density Residential (MDR). MDR designated areas allow smaller lots for residential purposes within City limits. Uses may include single-family homes at gross densities of 3 to 8 dwelling units per acre (d.u./acre). The applicant proposes to develop this 0.19 acre site with one (1) single-family structure, which is consistent with the density desired in MDR designated areas. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics ): • “Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi-family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development.” (3.07.03B) The single-family residential development will contribute to the variety of housing types available within this part of the City. • “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) City sewer and water services are available to be extended to the subject property with development of the site. Exhibit A Velvet Point Subdivision – PFP H-2016-0068 PAGE 4 • “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) The single-family residential development should be compatible with existing single-family residential uses within the existing subdivision. • “Support infill of vacant lots in substantially developed, single-family areas at densities similar to surrounding development.” (3.07.02I) The subject property is adjacent to existing medium density homes and similar lot sizes as the property is located within the Salmon Rapids Subdivision. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. The medium density residential (R-4) district allows a maximum gross density of 4 dwelling units per acre. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-5 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-4 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the site for single- family detached dwellings is a principal permitted use in the R-4 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Tables 11-2A-5 for the R-4 zoning district. D. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family dwellings. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: PRELIMINARY /F INAL PLAT (PFP): A combined preliminary and final plat is proposed consisting of 1 building lots on 0.19 of an acre in the R-4 zoning district for Velvet Point Subdivision (see Exhibit A.2). The lot was originally designated as a common lot for the Salmon Rapids Subdivision but was never landscaped as part of the development. Later, it was deeded to Nampa Meridian Irrigation District to be used as a well lot for irrigation purposes. The lot is no longer needed by NMID and it has become a surplus lot in which the applicant intends to purchase to construct a new single family home. The lot was never included in the open space requirements for the Salmon Rapids Subdivision. A site plan and home elevations have been submitted with application that shows a home can dimensionally fit on the buildable lot. Staff has verified the proposed plat complies with the dimensional standards listed the R-4 zoning district. Because the proposed lot was platted as a common lot City utilities were not stubbed to the property. With the development of the home, the applicant will be required to extend water and sewer service to the parcel. Since the parcel was platted with Salmon Rapids, the applicant has discussed incorporating the subject property into the Salmon Rapids Homeowner’s Association (HOA); however, an official agreement has not yet been reached. Exhibit A Velvet Point Subdivision – PFP H-2016-0068 PAGE 5 Fencing: If fencing is proposed as part of the construction of the lot, it must comply with the fencing standards set forth in UDC 11-3A-7. Pressurized Irrigation: An underground pressurized irrigation system is required to be provided for the development in accord with UDC 11-3A-15 as proposed. Staff recommends approval of the subject applications with the conditions listed in Exhibit B per the Findings in Exhibit C. Exhibit A Velvet Point Subdivision – PFP H-2016-0068 PAGE 6 X. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Preliminary/Final Plat (dated: 05/27/2016) 3. Site Plan 4. Elevations B. Agency Comments/Conditions of Approval 1. Planning Division 2. Public Works Department 3. Fire Department 4. Police Department 5. Sanitary Service Company 6. Parks Department 7. Ada County Highway District C. Required Findings from Unified Development Code Exhibit A Velvet Point Subdivision – PFP H-2016-0068 PAGE 7 Exhibit A.1: Vicinity/Zoning Map Exhibit A Velvet Point Subdivision – PFP H-2016-0068 PAGE 8 Exhibit A.2: Preliminary/Final Plat (dated: 05/27/2016) Exhibit A Velvet Point Subdivision – PFP H-2016-0068 PAGE 9 Exhibit A.3: Site Plan Exhibit A Velvet Point Subdivision – PFP H-2016-0068 PAGE 10 Exhibit A.4: Elevations Exhibit A Velvet Point Subdivision – PFP H-2016-0068 PAGE 11 B. Agency Comments/Conditions 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 Development of the site shall substantially comply with the preliminary/final plat, site plan and elevations included in Exhibit A, and the conditions in this report. 1.1.2 If an agreement can be reached with the Salmon Rapids HOA, the applicant shall amend the CCR’s and incorporate the proposed subdivision . Written documentation of this occurring shall be provided prior to signature on the final plat. 1.1.3 The applicant shall record the final plat prior to applying for a building permit. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC Chapter 2 District regulations. 1.2.2 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. 1.2.3 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.4 Construct all off-street parking areas consistent with the standards as set forth in UDC Table 11- 3C-6. 1.2.5 All fencing constructed on the site shall comply with the standards as set forth in UDC 11-3A-7. 1.2.6 The project is subject to all current City of Meridian ordinances. 1.2.7 The applicant shall pay any applicable impact fees prior to the issuance of a building permit. 1.2.8 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-5C-3C. 1.2.9 The preliminary/final plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years of the approval of this combined preliminary/final plat; or 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.2.10 The applicant shall comply with the submitted elevations. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 The applicant shall be responsible for the installation of additional water and sewer services to the subject development. 2.1.2 A street lighting plan will not be required for this project. 2.1.3 Applicant shall be required to utilize the existing pressurized irrigation system serving the Salmon Rapids Subdivision. 2.1.4 The existing well on the site shall be properly abandoned per the guidelines of the Idaho Department of Water Resources, contact Robert B. Whitney at (208)334-2190. 2.2 General Conditions of Approval 2.2.1 Developer shall coordinate mailbox locations with the Meridian Post Office. Exhibit A Velvet Point Subdivision – PFP H-2016-0068 PAGE 12 2.2.2 All grading of the site shall be performed in conformance with MCC 11-1-4(b). 2.2.3 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. 3. FIRE DEPARTMENT 3.1 The Fire Department has no comment on this application. 4. POLICE DEPARTMENT 4.1 The Police Department has no comment on this application. 5. REPUBLIC SERVICES 5.1 Republic Services has no comment on this application. 6. PARKS DEPARTMENT 6.1 The Park’s Department has no comment on this application. 7. ADA COUNTY HIGHWAY DISTRICT ACHD has no conditions for this project. Exhibit A Velvet Point Subdivision – PFP H-2016-0068 PAGE 13 C. Required Findings from Unified Development Code 1. PRELIMINARY PLAT : In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information . b. Public services are available or can be made available and are adequate to accommodate the proposed development; City Council finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Because City water and sewer and any other utilities have already been provided to the first phase and will be provided by the developer to the second phase at their own cost, City Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; City Council relies upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and City Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. City Council considers all public testimony that may be presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which City Council is unaware. f. The development preserves significant natural, scenic or historic features. City Council is unaware of any significant natural, scenic or historic features that exist on this site.