Parmount Sub 32 H-2017-0014CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2017-0014 - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for Short Plat Consisting of Two (2) Building Lots and One (1)
Common Area Lot on 0.71 of an Acre of Land in the R-8 Zoning District, by SCS Brighton, LLC.
Case No(s). H-2017-0014
For the City Council Hearing Date of: March 21, 2017 (Findings on April 4, 2017)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of March 21, 2017, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of March 21, 2017, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of March 21, 2017,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of March 21, 2017, 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.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of March 21, 2017, incorporated by reference. The conditions are concluded to be
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2017-0014 - 2 -
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 short plat is hereby approved per the conditions of approval in the
Staff Report for the hearing date of March 21, 2017, 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.
F. Attached: Staff Report for the hearing date of March 21, 2017
By action of the City Council at its regular meeting held on the day of
2017.
COUNCIL PRESIDENT KEITH BIRD
COUNCIL VICE PRESIDENT JOE BORTON
COUNCIL MEMBER ANNE LITTLE ROBERTS
COUNCIL MEMBER TY PALMER
COUNCIL MEMBER LUKE CAVENER
COUNCIL MEMBER GENESIS MILAM
MAYOR TAMMY de WEERD
(TIE BREAKER)
Mayor Tammy
Attest: `O�
�G
c
+1b,
m
, <J J
C. y Col
City Clerk
VOTED ✓&�
VOTED ye4
VOTED ✓&6
VOTED—Y64
VOTED Y
VOTED fes►
VOTED
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: Dated:
City Clerk's Office If
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2017-0014 -3 -
EXHIBIT A
Paramount Subdivision No. 32 – SHP H-2017-0014 PAGE 1
STAFF REPORT
HEARING DATE: March 21, 2017
TO: Mayor and City Council
FROM: Sonya Watters, Associate Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Paramount Subdivision No. 32 – SHP (H-2017-0014)
I. APPLICATION SUMMARY
The applicant, SCS Brighton, LLC, has applied for short plat (SHP) approval of 2 building lots and 1
common area lot on 0.71 of an acre of land in the R-8 zoning district.
II. STAFF RECOMMENDATION
Based on the criteria noted in UDC 11-6B-5, Staff finds the proposed plat is eligible to be processed
as a short plat. Therefore, Staff recommends approval of the proposed short plat with the conditions
and Findings stated in this report.
The Meridian City Council heard these items on March 21, 2017. At the public hearing, the
Council approved the subject SHP request.
a. Summary of City Council Public Hearing:
i. In favor: Mike Wardle
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Mike Wardle
v. Staff presenting application: Sonya Allen
vi. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
i. None
c. Key Issues of Discussion by Council:
i. None
d. Key Council Changes to Staff/Commission Recommendation
i. None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2017-
0014 as presented in the staff report for the hearing date of March 21, 2017, with the following
modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0014,
as presented during the hearing on March 21, 2017, for the following reasons: (You should state
specific reasons for denial.)
Continuance
I move to continue File Number H-2017-0014 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
EXHIBIT A
Paramount Subdivision No. 32 – SHP H-2017-0014 PAGE 2
IV. PROCESS FACTS
a. The subject application will in fact constitute a short plat as determined by City Ordinance. By
reason of the provisions of UDC 11-5B-3, a public hearing is required before the City Council on
this matter.
b. Newspaper notification published on: March 3, 2017
c. Radius notices mailed to properties within 300 feet on: February 24, 2017
V. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located approximately ¼ mile east of N. Linder Road on the north side of W.
McMillan Road, in the SW ¼ of Section 25, Township 4N., Range 1W.
B. Applicant/Owner(s):
SCS Brighton, LLC
12601 W. Explorer Dr., Ste. 200
Boise, ID 83713
C. History:
In 1989, a Record of Survey (#1387) was approved by Ada County (see letter from Ada
County in application submittal dated December 19, 2016) that created the configuration of
the subject property.
In 2006, this property was included in the annexation and zoning (AZ-06-026) and
preliminary plat (PP-06-025) application for the larger Paramount South 60 Subdivision.
VI. STAFF ANALYSIS
The proposed short plat depicts two 2 residential building lots and 1 common area lot on 0.71 of an
acre of land in an R-8 zoning district.
Both of the lots in the proposed subdivision comply with the dimensional standards listed in UDC
Table 11-2A-6 for the R-8 zoning district. The common area lot consists of a 25-foot wide street
buffer along W. McMillan Road which was landscaped and a detached sidewalk constructed with a
previous phase of Paramount Subdivision.
Staff has reviewed the proposed short plat for substantial compliance with the criteria set forth in
UDC 11-6B-5 and deems the short plat to be in substantial compliance with said requirements to
recommend approval as proposed.
VII. EXHIBITS
A. Drawings
1. Vicinity/Zoning Map
2. Short Plat (dated: 02/07/17)
B. Agency Comments/Conditions of Approval
C. Required Findings from Unified Development Code
EXHIBIT A
Paramount Subdivision No. 32 – SHP H-2017-0014 PAGE 3
Exhibit A.1 – Vicinity Map
EXHIBIT A
Paramount Subdivision No. 32 – SHP H-2017-0014 PAGE 4
Exhibit A.2 – Proposed Short Plat (dated: 01/24/2017)
EXHIBIT A
Paramount Subdivision No. 32 – SHP H-2017-0014 PAGE 5
Exhibit B. Conditions of Approval
SITE SPECIFIC CONDITIONS
1. Applicant shall meet all terms of the approved annexation & zoning and preliminary plat (AZ-06-
026 and PP-06-025) for this subdivision.
2. The final plat prepared by The Land Group, stamped on 01/24/2017 by James R. Washburn, shall
be revised as follows:
a. Note #13: Include recorded instrument number.
3. 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.
4. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the
accompanying acknowledgement signed and notarized, as well as the signatures of the Ada
County Highway District and the Central District Health Department.
ONGOING CONDITIONS OF APPROVAL
1. The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets
the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth
in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. The existing landscape buffer to the
south along W. McMillan Road shall remain and be protected during the construction on
this site.
2. The applicant and/or property owner shall have an ongoing obligation to prune all trees to a
minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the
area.
3. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set
forth in UDC 11-3A-11.
4. The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping
and constructed features within the clear vision triangle consistent with the standards in UDC 11-
3A-3.
GENERAL REQUIREMENTS
1. 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.
2. 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 11-3B-14A.
3. 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.
4. 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.
EXHIBIT A
Paramount Subdivision No. 32 – SHP H-2017-0014 PAGE 6
5. 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.
6. Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
7. Developer shall coordinate mailbox locations with the Meridian Post Office.
8. All grading of the site shall be performed in conformance with MCC 11-1-4B.
9. 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.
10. Applicant shall be responsible for application and compliance with and NPDES permitting that
may be required by the Environmental Protection Agency.
11. 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 Water Department at
(208)888-5242 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.
12. 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.
13. 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.
EXHIBIT A
Paramount Subdivision No. 32 – SHP H-2017-0014 PAGE 7
Exhibit C – 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 Medium Density
Residential. The current zoning district of the site is R-8. The proposed short plat complies with the
Comprehensive Plan and the dimensional standards in the UDC for the R-8 district.
B. Public services are available or can be made available and are adequate to accommodate the
proposed development;
The Council finds that public services are adequate to serve the site.
C. The plat is in conformance with scheduled public improvements in accord with the City’s
capital improvements program;
The Council finds that the development will not require the expenditure of capital improvement
funds. All required utilities are being provided with the development of the property at the
developer’s expense.
D. There is public financial capability of supporting services for the proposed development;
The Council finds that the development will not require major expenditures for providing supporting
services. The developer and/or future lot owner(s) will finance the extension of sewer, water, utilities
and pressurized irrigation to serve the project.
E. The development will not be detrimental to the public health, safety or general welfare; and
The Council recognizes the fact that traffic and noise may increase with the approval of this
subdivision; however, staff does not believe that any additional amount generated will be detrimental
to the general welfare of the public in the surrounding area. The Council finds that the development
of this site will not involve uses that will create nuisances that would be detrimental to the public
health, safety or general welfare.
F. The development preserves significant natural, scenic or historic features.
The Council is not aware of any significant natural, scenic or historic features associated with the
development of this site.