Paramount Point SHP H-2020-0082 Findings Item#15.
CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI
DIAN^'
AND DECISION&ORDER
In the Matter of the Request for Paramount Point Short Plat,by Brighton Development.
Case No(s).H-2020-0082
For the City Council Hearing Date of. August 25,2020 (Findings on September 8,2020)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of August 25,2020,incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of August 25, 2020, incorporated by
reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of August 25,
2020, incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of August 25, 2020, incorporated by reference)
B. Conclusions of Law
I. 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 § I I-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 25,2020, incorporated by reference. The conditions are concluded to be
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Paramount Point Short Plat—H-2020-0082) - I - Page 167
Item#15.
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 August 25,2020, 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 11-613-713).
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 1I-
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
or City Council may require the conditional use comply with the current provisions of Meridian
City Code Title I I(UDC 11-513-6F).
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Paramount Point Short Plat—H-2020-0082) -2-
Page 168
Item#15.
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. 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 August 25,2020
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Paramount Point Short Plat—H-2020-0082) -3- Page 169
Item#15.
By action of the City Council at its regular meeting held on the 8th day of September
2020.
COUNCIL PRESIDENT TREG BERNT VOTED YEA
COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED YEA
COUNCIL MEMBER JESSICA PERREAULT VOTED ------
COUNCIL MEMBER LUKE CAVENER VOTED YEA
COUNCIL MEMBER JOE BORTON VOTED YEA
YEA
COUNCIL MEMBER LIZ STRADER VOTED
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. Simison
Attest:
Chris Johnson
City Clerk
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: Dated: 9-8-2022
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Paramount Point Short Plat—H-2020-0082) -4- Page 170
Item#15. Exhibit A
STAFF REPORT C: E IDIAN -•-
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 08/25/2020 Legend
DATE: 0
I�l
U Project Location
TO: Mayor&City Council IC-3
FROM: Joseph Dodson,Associate Planner C_G C C Q C-,C� 15 CI-G
208-884-5533
SUBJECT: H-2020-0082 R=4 ®®
Paramount Point Short Plat m L-O RUT
LOCATION: 6357 N. Fox Run Way, in the NW 1/4 of
the NE /4 of Section 25,Township 4N.,
RUT ——
Range 1 W. I�
R-4
I. PROJECT DESCRIPTION
Request to short plat 4 commercial building lots and 2 common lots on 3.88 acres of land in the C-C
zoning district,by Brighton Development.
IL APPLICANT INFORMATION
A. Applicant:
Kody Daffer, Brighton Development—2929 W.Navigator Drive,Meridian,ID 83642
B. Owner:
DWT Investments,LLC—2929 W.Navigator Drive,Meridian,ID 83642
C. Representative:
Same as Applicant
III. NOTICING
City Council
Posting Date
Legal notice published in
newspaper 8/7/2020
Radius notice mailed to property
owners within 300 feet 8/4/2020
Pagel
Page 171
Item#15. Exhibit A
Posted to Next Door 8/4/2020
IV. STAFF ANALYSIS
The proposed short plat will create four(4) separate building lots and two(2)common lots for
ownership purposes. The northern common lot is being created along Chinden Boulevard for the
purpose of dedicating additional right-of-way to Idaho Transportation Department(ITD); the other is
a common lot being used as a buffer lot to the existing residential properties abutting the subject site
to the south. In addition,there are existing sidewalks and landscaping along both Chinden and N. Fox
Run Way adjacent to the subject site.
The subject site obtained CZC and DES approval for an urgent care facility in 2019 and that building
is proposed in the northwest corner of the site(A-2019-0365), on proposed Lot 2,Block 1. In
addition, an additional CZC and DES were approved in 2020 for a new bank building located in the
northeast corner of the site(A-2020-0078). The bank property is no longer a part of this property
because a Property Boundary Adjustment(PBA)was completed to move existing property lines and
place the bank on its own property. That PBA was approved in 2019 under A-2019-0364 in
conjunction with the urgent care facility application and was recently filed with the county assessor.
Compliance with the design standards,parking and landscaping were reviewed and approved with
those applications. Future commercial building sites will be reviewed through the CZC and DES
application process for code compliance and this includes cross-access for those proposed parcels that
do not have street frontage. The short plat does depict future easements for this and said instrument
numbers should be on the plat prior to obtaining City Engineer signature.
Submitted plans show that access to this site is proposed via driveway connections (see Exhibit
VII.A); one connection is proposed to N. Fox Run Way to the east and the other driveway connection
is shown near the south end of the site and connects to W. Plaza Shops Drive, a future east-west road
that bisects this property as part of the Linder Village project from the west. This future road is
already approved and the right-of-way is in the process of being dedicated outside of this process in
conjunction with the Linder Village project approvals—the road dedications are currently in escrow
according to the Applicant. Staff is recommending a condition of approval to ensure the road
dedication is executed prior to receiving signature on this plat. ACHD has approved of the proposed
driveway locations and the road dedication currently in process.
The submitted landscape plans show adequate parking lot landscaping in compliance with UDC
requirements. However,the landscape plans do not depict the landscape buffers to Chinden,Fox Run
Way, or the future Plaza Shops Drive. This should be corrected prior to receiving City Engineer
signature.
Staff has reviewed the proposed short plat for substantial compliance with the criteria set forth in
UDC 11-613-5A.2 and deems the short plat to be in substantial compliance with said requirements.
V. DECISION
A. Staff:
Staff recommends approval of the proposed short plat with the conditions noted in Section VII of
this report and in accord with the findings in Section VIII.
B. The Meridian City Council heard these items on August 25,2020. At the public hearing.the
Council moved to approve the subject Short Plat request.
1. Summary of the City Council public hearing:
a. In favor: Jon Wardle,Brighton Development
b. In opposition:None
Page 2
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Item#15. Exhibit A
C. Commenting: Jon Wardle
d. Written testimony: None
e. Staff presenting application: Joseph Dodson
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. Existing and proposed landscaping in relation to new east-west street that will bisect
sub'eci t site.
4. City Council change(s)to Commission recommendation.
a. None
VIA EXHIBITS
A. Short Plat(date: January 2020)
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LOT 1-a 22 ti RES TOIWSHIP 4 NORTH,RANGE 1 WEST,B.M.,CITY OF
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Page 173
Item#15. Exhibit A
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VII. CITY/AGENCY COMMENTS & CONDITIONS
A. Planning Division
Site Specific Conditions:
1. Applicant shall comply with all previous conditions of approval associated with this
development(AZ-13-005; PP-13-008; Development Agreement Inst. #103137116
113083665,2016-005060,2017-003462 and H-2017-066043).
2. Prior to the receiving City Engineer's signature on this short plat,the Applicant shall obtain a
Development Agreement Modification approval in order to be in compliance with the
previous development agreements and subsequent modifications on this site.
3. Prior to the receiving City Engineer's signature on this short plat,the Applicant shall provide
proof to the Planning Department that the right-of-way for W. Plaza Shops Drive has been
dedicated to ACHD.
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, obtain the signatures of the Ada County
Highway District and the Central District Health Department.
6. The short plat prepared by Horrocks Engineers prepared on January 2020 by Fritz Brownell,
included in Section VII.A shall be revised as follows:
a. Include recorded sewer instrument number.
b. Include recorded water main instrument number.
c. Include recorded public utility and drainage instrument number.
d. Include recorded Idaho Power instrument number.
e. Include recorded ingress and egress instrument number.
f. Include recorded ACHD instrument number for W. Plaza Shops Drive.
7. The landscape plan prepared by Baer Design Group, dated May 19, 2020, included in Section
VII.0 shall be revised prior to receiving City Engineer signature on the plat as follows:
a. Depict the required landscape buffers along Chinden Boulevard(SH 20/26), N. Fox Run
Way(a collector street),and future W. Plaza Shops Dr.
b. Show the existing landscaping within the street buffers to Chinden Boulevard and N. Fox
Run Way.
c. Show the required landscaping along future W. Plaza Shops Drive within the required
landscape buffer on Lots 4 and 5,Block 1, and on Lot 1, Block 2 in accord with UDC 11-
3B-7C.
d. Depict the location of the required 10-foot multi-use pathway along Chinden(SH 20/26).
8. Prior to submittal for City Engineer signature,the applicant shall submit a public access
easement for the multi-use pathway along Chinden Boulevard(SH 20/26). Submit easements
to the Planning Division for Council approval and subsequent recordation. The easements
shall be a minimum of 14' wide(10' pathway+2' shoulder each side).Use standard City
template for public access easement. Easement checklist must accompany all easement
submittals. Coordinate with Kim Warren from the City of Meridian Parks Department.
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Item#15. Exhibit A
9. Staff s failure to cite specific ordinance provisions or conditions from the previous approvals
noted above does not relieve the Applicant of responsibility for compliance.
B. Public Works
Site Specific Conditions:
1. The width of sanitary sewer and water mainline easements shall be provided consistent with
those detailed in General Condition#20 below without overlapping.
General Conditions:
2. Sanitary sewer service to this development is available via extension of existing mains adjacent
to 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.
3. 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.
4. 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.
5. 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 11-313-14A.
6. 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.
7. 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.
8. 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.
9. 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.
10. Applicant shall be required to pay Public Works development plan review, and construction
Page 8
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Item#15. Exhibit A
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
11. 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.
12. Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
13. Developer shall coordinate mailbox locations with the Meridian Post Office.
14. All grading of the site shall be performed in conformance with MCC 11-14B.
15. 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.
16. 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.
17. 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 district
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.
18. 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.
19. Street light plan requirements are listed in section 6-7 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.
20. 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 I I" 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.
21. Applicant shall be responsible for application and compliance with and NPDES permitting that
may be required by the Environmental Protection Agency.
22. 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-
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Item#15. Exhibit A
domestic purposes such as landscape irrigation if approved by Idaho Department of Water
Resources.
23. 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.
24. 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.
25. 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 addressed 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.
VIII. 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 Mixed Use
Community and the current zoning district of the site is C-C. Council finds the proposed short
plat complies with the Comprehensive Plan and is being developed in accord with UDC
standards for the existing zoning district.
B. Public services are available or can be made available and are adequate to accommodate
the proposed development;
Council finds that public services will be provided to this property and are adequate to serve
the future commercial building sites.
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 were 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 as services are already being provided to the immediate area.
E. The development will not be detrimental to the public health, safety or general welfare;
and
Council finds the proposed short plat to create new commercial building lots will not be
detrimental to the public health, safety or general welfare.
F. The development preserves significant natural, scenic or historic features.
Council is not aware of any significant natural,scenic or historic features associated with short
platting this site.
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