San Gorgonio Subdivision H-2018-0092 SHPCITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). [H-2018-0092] - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for a short plat (SHP) consisting of 4 building lots on 1.23 acres of land
in an existing R-8 zoning district for San Gorgonio Subdivision, by A Team Consultants.
Case No(s). H-2018-0092
For the City Council Hearing Date of: October 2, 2018 (Findings on October 16, 2018)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of October 2, 2018, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of October 2, 2018, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of October 2, 2018,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of October 2, 2018, 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 October 2, 2018, incorporated by reference. The conditions are concluded to be
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). [H-2018-0092] - 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 a miscellaneous application and a short plat are hereby approved per
the conditions of approval in the Staff Report for the hearing date of October 2, 2018, 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 October 2, 2018
Meridian City Council Meeting Agenda October 16, 2018 – Page 176 of 419
By action of the City Council at its regular meeting held on the t6 day of CA-abo ,
2018.
COUNCIL PRESIDENT JOE BORTON VOTED
COUNCIL VICE PRESIDENT LUKE CAVENER VOTED J
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED Y(!%
COUNCIL MEMBER TY PALMER VOTED \1��
COUNCIL MEMBER TREG BERNT VOTED / ek
COUNCIL MEMBER GENESIS MILAM VOTED / 6
MAYOR TAMMY de WEERD VOTED
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Mayor T m de Weerd
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City Clerk
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Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
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City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). [H-2018-00921 - 3 -
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EXHIBIT A
San Gorgonio Subdivision – H -2018-0092 PAGE 1
STAFF REPORT
HEARING DATE: October 2, 2018
TO: Mayor and City Council
FROM: Josh Beach, Associate Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: San Gorgonio Subdivision – SHP (H-2018-0092)
I. APPLICATION SUMMARY
The applicant, A Team Consultants, has applied for approval of a short plat (SHP) consisting of four
(4) building lots and one (1) common lot on 1.23 acres of land zoned R-8, for San Gorgonio
Subdivision.
II. STAFF RECOMMENDATION
Based on the criteria listed 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 October 2, 2018. At the public hearing, the
Council approved the subject SHP request.
a. Summary of City Council Public Hearing:
i. In favor: Penelope Constantikes (Applicant’s Representative)
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
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-2018-
0092 as presented in the staff report for the hearing date of October 2, 2018, with the following
modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0092,
as presented during the hearing on October 2, 2018, for the following reasons: (You should state
specific reasons for denial.)
Meridian City Council Meeting Agenda October 16, 2018 – Page 178 of 419
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Continuance
I move to continue File Number H-2018-0092 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
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: September 14, 2018
c. Radius notices mailed to properties within 300 feet on: September 7, 2018
V. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located at 200 Rosalyn Court, in the W ½ of Section 19, Township 3N., Range 1E.
B. Applicant/Representative
A Team Consultants
1785 Whisper Cove Avenue
Boise, ID 83709
C. Owner(s):
Saul Huerta
200 Rosalyn Court
Meridian, ID 83642
D. History:
The City Council approved the annexation (AZ-05-036) and the preliminary plat (PP-05-035) for
Larkspur Subdivision No. 2 on October 18, 2005. The approved preliminary plat consisted of 49
single-family residential building lots and 4 common lots on 10.30 acres of land. Also in 2005, the
applicant obtained approval for Larkspur Subdivision No. 2 (FP-05-070). This plat developed with 47
residential lots and 5 common lots on 10.29 acres.
VI. STAFF ANALYSIS
Short Plat: The proposed short plat consists of 4 building lots on 1.23 acres of land in the R-8 zoning
district and is a resubdivision of Lot 9, Block 4 of Larkspur Subdivision No. 2.
All 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. Future building height and setbacks are also required to
comply with the aforementioned standards.
This property has street frontage on E. Rosalyn Drive, a local street. The existing home will become a
lot and block in the subdivision and will continue to take access from E. Rosalyn Drive. The other
three residential lots will take access from a common driveway (Lot 5, Block 1).
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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: 8/21/2018)
3. Landscape Plan (dated: 7/19/2018)
B. Agency Comments/Conditions of Approval
C. Required Findings from Unified Development Code
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EXHIBIT A
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Exhibit A.1 – Vicinity/Zoning Map
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Exhibit A.2 – Short Plat (dated: 8/21/2018)
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Exhibit A.3: Landscape Plan (dated: 7/19/2018)
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SITE SPECIFIC CONDITIONS
1. Applicant shall meet all terms of the previous approvals for this property (AZ-05-036, PP-05-035,
and FP-05-070).
2. The final plat prepared by David Evans and Associates, Inc., stamped on 8/21/2018 by Sean P.
Sullivan, shall be revised as follows:
a. Note #3 shall read as follows: “Lot 5, Block 1 is a common lot and private drive and shall be
owned and maintained by the Home Owners Association.”
3. The landscape plan, prepared by A Team Land Development, dated 7/19/2018, is approved as
submitted.
4. 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.
5. 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.
6. A street light plan will need to be included in submittal of development plans. Street light plan
requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can
be found at http://www.meridiancity.org/public_works.aspx?id=272
7. With the final plat application, the applicant shall provide an exhibit that shows the setbacks,
building envelope, and orientation of the lots and structures on all common lots.
8. No new water mains are being proposed with this development. Applicant shall be responsible
for the installation of any new fire hydrants or other infrastructure that may be needed as a result
of this development.
9. Applicant must comply with the separation requirements for sanitary sewer and water service line
extensions in the private driveway.
10. Applicant shall be responsible for all costs, as well as the physical connection of sanitary sewer
and water services to the existing home at 100 E. Rosalyn Drive.
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.
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. Sanitary sewer service to this development is available via extension of existing mains adjacent to
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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 11-3B-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
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
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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 distr ict
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 6-5 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 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 11” 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 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.
22. Any existing septic systems within this project shall be removed from service per Ci ty 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.
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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 tiled 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.
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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 future land use map designates the property as Low 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 C-G district.
B. Public services are available or can be made available and are adequate to accommodate the
proposed development;
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;
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;
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
Council recognizes the fact that traffic and noise will increase with the approval of this subdivision
and subsequent development; however, Council does not believe that it will be detrimental to the
general welfare of the public in the surrounding area. 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.
CouncilA is not aware of any significant natural, scenic or historic features associated with the
development of this site.
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