Avebury Subdivision MFP, MDA, MISC, TEC H-2018-0141CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0141 - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for Development Agreement Modification to allow for the
construction of an attached single family home on Lots 14 and 15, Block 1 within the Avebury
Subdivision, by AD800, LLC.
Case No(s). H-2018-0141
For the City Council Hearing Date of: February 19, 2019 (Findings on March 5, 2019)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of February 19, 2019, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of February 19, 2019, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of February 19,
2019, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of February 19, 2019, 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.
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
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7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of February 19, 2019, 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 MDA is hereby approved per the conditions of approval in the Staff
Report for the hearing date of February 19, 2019, 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 11-5B-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
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
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or City Council may require the conditional use comply with the current provisions of Meridian
City Code Title 11(UDC 11-5B-6F).
Notice 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. 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 February 19, 2019
Meridian City Council Meeting Agenda March 5, 2019 – Page 183 of 487
By action of the City Council at its regular meeting held on the
2019.
COUNCIL PRESIDENT JOE BORTON
COUNCIL VICE PRESIDENT LUKE CAVENER
COUNCIL MEMBER ANNE LITTLE ROBERTS
COUNCIL MEMBER TY PALMER
COUNCIL MEMBER TREG BERNT
COUNCIL MEMBER GENESIS MILAM
MAYOR TAMMY de WEERD
(TIE BREAKER)
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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-2018-0141 - 4 -
EXHIBIT A
Page 1
HEARING
DATE:
2/19/2019
TO: Mayor & City Council
FROM: Stephanie Leonard, Associate Planner
208-884-5533
Bruce Freckleton, Development
Services Manager
208-887-2211
SUBJECT: H-2018-0141
Avebury Subdivision
LOCATION: North side of E. Pine Ave.; west of N.
Locust Grove Road, in the NE ¼ of
Section 7, Township 3N., Range 1E.
I. PROJECT DESCRIPTION
The applicant has requested three (3) applications for the Avebury Subdivision:
1). A final plat modification to depict three-foot PUDI easements on the east interior lot lines and
propose a zero lot line between Lots 14 and 15, Block 1;
2). A modification to the existing Development Agreement (DA) to allow for the construction of an
attached single family home on Lots 14 and 15, Block 1; AND
3). A miscellaneous application to extend the expired preliminary plat to allow a six-month extension
to obtain City Engineer’s signature on the final plat.
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
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Page 2
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 2.6
Future Land Use Designation MDR
Existing Land Use Undeveloped
Proposed Land Use(s) Single family detached and attached homes
Current Zoning R-15
Lots (# and type; bldg/common) 18 (14 bldg./4 common)
Physical Features (waterways,
hazards, flood plain, hillside)
Five Mile Creek runs across southern part of site
Neighborhood meeting date; # of
attendees:
November 7, 2018; 4 attendees
History (previous approvals) RZ-15-008, DA Inst. No. 2015-102166; PP-15-007; FP H-
2016-0108; H-2017-0037
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B. Project Area Maps
III. APPLICANT INFORMATION
A. Applicant/Owner:
AD800 LLC.
408 S. Eagle Rd. Ste. 103
Eagle, Idaho 83616
B. Representative:
Breckon Land Design
6661 N. Glenwood Street
Garden City, Idaho 83616
Future Land Use Map
Aerial Map
Zoning Map
Planned Development Map
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Page 4
IV. NOTICING
City Council
Posting Date
Newspaper Notification 2/1/2019
Radius notification mailed to
properties within 300 feet 1/29/2019
Public hearing notice sign posted 2/6/2019
Nextdoor posting 1/29/2019
V. STAFF ANALYSIS
The applicant is requesting a six-month time extension on the approved and expired Avebury
final plat (H-2016-0108), a modification to the original development agreement (DA Inst. No.
2015-102166) to revise lot lines and to allow for an attached single-family home, and a
modification to the approved plat to vary from the approved configuration of lots. A
miscellaneous application has also been submitted to request a six-month time extension since the
plat expired on September 8, 2017.
The original plat was configured with site drainage incorporated into on-site seepage beds. Upon
preparing for construction, the applicant discovered the groundwater level was too high for
seepage beds and needed to be accommodated through the use of a stormwater swale. Through
numerous iterations and reviews, a stormwater swale has been reviewed and approved by ACHD
within Lot 16, Block 1. The time and coordination required for several ACHD reviews caused the
applicant to neglect obtaining a time extension on the plat, as such the applicant is requesting a
miscellaneous application to process the six-month time extension for the plat. Both Planning and
Legal agreed that the miscellaneous application was the only remedy for the applicant to pursue
extension of the plat, predicated on Council’s action. Staff believes having the applicant start over
is not in the best interest of the City (tied to a recorded development agreement) and respectfully
request that the Council approve the request to extend the expiration date of the plat for an
additional six (6) months from the date of the miscellaneous hearing. With the exception of the
stormwater swale, all construction including utilities and landscaping has been completed.
The required location and size of the swale required that Lots 14 and 15, Block 1 be condensed,
resulting in a zero lot-line configuration and an attached single-family home. The approved plat
depicted fourteen (14) building lots for single-family detached residences and four (4) common
lots on three (3) acres of land. The proposed plat depicts fourteen (14) building lots with one (1)
zero lot line. Because of this change, the applicant is requesting to modify the final plat and
development agreement to reflect the single-family attached home and zero lot line between Lots
14 and 15, Block 1. The existing development agreement allows for a maximum of fifteen (15)
single-family detached homes; the applicant is requesting to change the agreement to include
fourteen (14) building lots with one (1) single-family attached unit.
Staff is amenable to the applicant’s proposal as the proposed plat has the same number of
building lots and common lots as the originally approved plat, but depicts a zero lot line and
three-foot interior side setbacks on building lots. Lot 1, Block 1 shall have a five (5) foot interior
side setback on the west side per UDC 11-2A-3H.
A. Landscaping (UDC 11-3B):
The landscape buffer within Lot 17, Block 1 shall be revised to include ten (10) additional trees
for a total of seventeen trees (17) as depicted in the originally approved final plat (H -2016-0108).
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B. Building Elevations (UDC 11-3A-19 | Architectural Standards Manual):
The attached single-family homes on Lots 14 and 15, Block 1 will be required to receive
Administrative Design Review (DES) approval prior to obtaining a building permit.
VI. DECISION
A. Staff:
Staff supports the modifications to the approved plat and development agreement, and the time
extension and miscellaneous application to extend the time needed to receive the City Engineer’s
signature on the final plat as proposed by the applicant with the conditions listed in Section VIII.
B. Council:
The Meridian City Council heard these items on February 19, 2019. At the public hearing, the
Council approved the subject MDA, MFP, and MI request.
a. Summary of City Council Public Hearing:
i. In favor: Jon Breckon, Breckon Land Design, Applicant Representative
ii. In opposition: None
iii. Commenting: Jon Breckon, Breckon Land Design, Applicant Representative
iv. Written testimony: None
v. Staff presenting application: Stephanie Leonard
vi. Other staff commenting on application: Bill Parsons, Bill Nary
b. Key issue(s) of Public Testimony:
i. None
c. Key Issues of Discussion by Council:
i. Length of time between plat expiration date and application to extend the time needed
to obtain the City Engineer’s signature on the plat due to ACHD requirements for an
unanticipated stormwater swale.
d. Key Council Changes to Staff/Commission Recommendation
i. None
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VII. EXHIBITS
A. Approved Final Plat (date: 3/27/2017)
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B. Proposed Final Plat (date: 1/17/2019)
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C. Approved Landscape Plan (date: 8/18/2016)
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Page 9
D. Proposed Landscape Plan - NOT APPROVED
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Page 10
REVISED LANDSCAPE PLAN – APPROVED (Date: 2/18/2019)
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E. Proposed Changes to the Developed Agreement
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following
special conditions:
a. Development of this site shall substantially comply with the preliminary plat and landscape
plan including the following: provide a pathway connection to the City's Five Mile Creek
10-foot multi-use pathway across Danbury Fair's common lot subject to the HOA 's
consent, provide additional landscaping adjacent to Danbury Fair (northwest corner and
southeast corner) and provide the street lighting as proposed in Exhibit A of the attached
Findings of Fact and Conclusions of Law (Exhibit “B”) and the revisions noted in the staff
report.
b. Future homes constructed within the subdivision must comply with the submitted
elevations attached in Exhibit A.4 of the attached Findings of Fact and Conclusions of Law
(Exhibit “B”) and the revisions noted in the staff report. Prior to issuance of a building
permit, the Planning Division will review all home elevations to ensure compliance with
the mix of materials and architectural details as represented in the attached elevations. The
following design features shall be included on each lot:
• Distinct variations in the front facades of the homes as shown in Exhibit A.4 of the
attached Findings of Fact and Conclusions of Law (Exhibit “B”) and the revisions noted
in the staff report (e.g. mix of materials, covered porches, variations in roof lines and
wall planes) that contributes to an attractive streetscape along Pine Avenue.
c. A maximum of fourteen fifteen (1514) single-family detached and attached homes shall be
constructed on the site. The single family attached dwellings shall only be constructed on
Lots 14 and 15, Block 1.
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VIII. CITY/AGENCY COMMENTS & CONDITIONS
1. PLANNING DEPARTMENT
1.1 Development Agreement Modification
1.1.1 The Development Agreement (Instrument No. 2015-102166) shall be amended in accord with the
change noted in Exhibit VII.E. The agreement shall be signed by the property owner(s) and
returned to the City within 6 months of the City Council granting the modification.
1.2 Final Plat Modification
1.2.1 The applicant shall obtain the City Engineer’s signature on the final plat within six (6) months
from the findings date for the time extension, if approved, in accord with UDC 11-6B-7 in order
for the preliminary plat to remain valid or a time extension may be requested.
1.2.2 Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the
accompanying acknowledgement signed and notarized.
1.2.3 The modified final plat prepared by Idaho Survey Group, LLC., stamped on 1/17/19 by Gregory
G. Carter, included in Exhibit VII.B shall be revised as follows:
a. Note #2: Graphically depict the three (3) foot wide public, utility, drainage and irrigation
easements on east and west side of lots; with the exception of Lot 1, Block 1 which will need
to have a five (5) foot wide PUDI easement on the west boundary.
b. Note #2: Graphically depict the zero lot line between Lots 14 and 15, Block 1 will be a zero
lot line to accommodate the attached dwelling units.
c. Note #7 and #13: Include the recorded instrument number of the license agreement for the
Nampa Meridian Irrigation District.
d. Include the recorded instrument number of the modified development agreement, if approved
and upon recordation.
1.2.4 The landscape plan prepared by Breckon Land Design, dated 5/4/18 stamped by John F. Breckon,
included in Exhibit VII.D shall be revised as follows:
a. Revise to include ten (10) additional trees for a total of seventeen trees (17) within Lot 17,
Block 1 as depicted in the originally approved final plat (H-2016-0108).
b. Submit a copy of a license agreement with the Irrigation District to allow the required
plantings to be placed in the existing Five Mile Creek irrigation easement.
1.3 Site Specific Conditions
1.3.1 Applicant shall meet all terms of the approved rezone and preliminary plat (RZ-15-008, PP-15-
007).
1.3.2 Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or
development agreement does not relieve the Applicant of responsibility for compliance.
1.3.3 The attached single-family homes on Lots 14 and 15, Block 1 will be required to receive
Administrative Design Review (DES) approval prior to obtaining a building permit. The building
elevations shall comply with the submitted elevations in Exhibit A.4 of the Findings of Fact and
Conclusions of Law for the original development agreement (RZ-15-008).
1.3.4 Prior to issuance of a building permit, the applicant shall record a final plat.
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