Z - Signed Findings CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI
DIAN:-'
AND DECISION&ORDER
In the Matter of the Request for a Short Plat to create two buildable lots on .4 acres of land in the
R-8 zoning district,by ULC Management,LLC.
Case No(s).H-2021-0003
For the City Council Hearing Date of: August 24,2021 (Findings September 7,2021)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of August 24,2021, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of August 24, 2021, incorporated by
reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of August 24,
2021, incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of August 24, 2021, 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 as
Title 11 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 § 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 August 24,2021, incorporated by reference. The conditions are concluded to be
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(CREASON CREEK 3-FILE#H-2021-0003) - 1 -
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 24,2021, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of 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).
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.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(CREASON CREEK 3-FILE#H-2021-0003) -2-
F. Attached: Staff Report for the hearing date of August 24, 2021.
By action of the City Council at its regular meeting held on the 7th day of September
2021
COUNCIL PRESIDENT TREG BERNT VOTED
COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED
COUNCIL MEMBER JESSICA PERREAULT VOTED
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER JOE BORTON VOTED
COUNCIL MEMBER LIZ STRADER VOTED
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert E.Simison 9-7-2021
Attest:
Chris Johnson 9-7-2021
City Clerk
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: Dated: 9-7-2021
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(CREASON CREEK 3-FILE#H-2021-0003) -3-
EXHIBIT A
STAFF REPORT E COMMUNITY
N --
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 8/24/2021 Legend
HE
legPra}eci Lcoulon
TO: Mayor&City Council
FROM: Alan Tiefenbach,Associate Planner : . , -'Ytif CI44kp
208-498-0573
SUBJECT: SHP-2021-0003I
Creason Creek No 3 Short Plat
W- - -
I
LOCATION: The site is located on the east side of N. ;
Linder Rd., south of W. Ustick Rd. on �—"Q
Parcel#R1606170010 {
1. PROJECT DESCRIPTION
The Applicant proposes a Short Plat consisting of 2 buildable lots on 0.4 acres of land in the R-8
zoning district.
IL APPLICANT INFORMATION
A. Applicant:
Bob Unger,ULC Management—6104 N. Gary Lane,Boise,ID 83714
B. Owner:
Cory Swain, CS2 LLC—3363 E. Presidential Dr, Ste 200,Meridian, ID 83642
III. NOTICING
City Council
Posting Date
Newspaper Notification 8/6/2020
Radius notification mailed to
properties within 300 feet 8/4/2020
Page 1
IV. STAFF ANALYSIS
In September 2015,the subject property was part of the Creason Creek annexation and preliminary
plat(DA Inst. 2016-019362,AZ 15-009,PP 15-014). This plat consisted of 51 single family lots and
8 common lots on 16.08 acres. The entire property was zoned to R-8.At this time,the subject
property was identified as Lot 1,Block 1 and was designated as a common lot for the purpose of a
dog park. The first final plat(Filing One) for 34 buildable lots was approved by the Council in March
of 2016 and Filing Two for 13 residential lots and 2 common lots was approved in May of 2018 (H-
2018-0037).
In 2019,the Council approved a modification to the previously approved Final Plat No 2 (H-2019-
0139)to relocate the dog park designated for the subject lot to Lot 13 and portions of Lots 14 & 15 in
Block 1. It also adjusted the boundary of Phase Two to include additional land into the subject lot so
it could be subdivided into two buildable lots. This"land swap"increased common area from 16,183
sq. ft. to 16,268 sq. ft.
The current proposal(Phase 3)is a short plat to complete the subdivision of Lot 1,Block 1 into two
buildable lots(now shown as Lots 16& 17) as was discussed at the Council meeting for the Phase
Two modification. Access will occur via a common drive from NW 13t'St to the east.
Staff has reviewed the proposed short plat for substantial compliance with the criteria set forth in
UDC 11-6B-5. Staff notes the access proposed for the subject lots is via a common easement,
whereas UDC 11-6C-3.D requires all common driveways to be on a common lot. Staff has requested
the applicant provide an exhibit demonstrating there is sufficient building area with the 20' street
setback being measured from the property lines of the common lot versus across the driveway
common easement. This exhibit has been provided in VI.D. Otherwise, staff deems the short plat to
be in substantial compliance with said requirements.There is no increase in total lots and the amount
of open space has slightly increased.
V. DECISION
A. Staff:
Staff recommends approval of the proposed short plat with the conditions noted in Section VII of
this report.
B. The Meridian City Council heard this item on August 24,2021.At the public hearing.the
Council moved to approve the subject short plat rem
1. Summary of the City Council public hearing:
a. In favor: Bob Unger
b. In opposition: Steve Kiser. 1354 W Claire St
c. Commenting: Bob Unger
d. Written testimony: None
e. Staff presenting application: Alan Tiefenbach
f. Other Staff commenting on application:None
2. Key issue(s)of public testimony:
a. Steve Kiser expressed concerns regarding the lack of notification that occurred during
the final plat modification that allowed the subject lot to be buildable,the
unattractiveness of vinyl fencing, and potential water rights issues.
3. Key issue(s)of discussion by City Council:
a. Council discussed access to the dog park, and water rights issues associated with the
Creason Lateral.
4. City Council change(s)to Commission recommendation.
Page 2
a. None
Page 3
VI. EXHIBITS
A. Approved Preliminary Plat(date: 7/18/15)
II
y Y LS RG{RI
wnr -
71-Y Y' •
a � � 4,11
rt
i
9 MT ff
WNW
.11 Ilk
4 y
I• { Y ti ti I d -
i
f j —
11 r i
4
�■ °
1 !!
B. Approved Preliminary Plat Showing Area of Land Swap.
o -�
o
CD M
0 p 5
- ----------r — —
N _ m
EL
Final Plat Mod
H-2019-0139 changed
these buildable lots Nss os'35"w 7a9.a7'
to common lots to '"" " �&
accomodate the dog z T
park initially c
pro posed for the
subject lot.
9 @� s a 6 Am i�gpq�H" Subject lot.
Was
01
�
�3 originally
R" gm zi s� 7_�� designated y e s
.1 asado g e
a park.City s
t g' � �� A >� =` @�a 8 Council
I@ Fv� an l approved N89'17's P ls3-88'
�g� 8 ap W �, � �y s., $ o this being awe
5� a m � o K; converted
to two 1 1I I1}
/a IF e � a a € rya buildable
s e a �mwT� a .� $a � lots with
€o IF � 'u na ; 1 I Final Plat
good A A; ms g� v� �n=�� Mod
c M w � H-2019.013 Aa s R g
A � a
Page 5
C. Proposed Short Plat
�&F NUl
199.09E-93 zw Na
-BASIS Or BEARING 207-12DM6
3s _ w V511Gx RD, SBA-4S0 2-E 7562,34' 1 -M
-- — ---,- -- - --JIB 1/4
4 ,
Z
P N1
x
I 189.47'
LS 1111E
An
I V4
W A
vl POINT OF BE"IhVINGbrFF
f
FpJNp 1
PLS 1111E }.�� ,Q
sEr SIT c '4 BLXK 1
91E31 LYM SUM 15M
BK 48, 'G 3EPI-MM r4 D, _
�
FOUND %
T,dEJ 2•
PLS 11119
{ r
U a 07
I i BLOCK 1 i `
LS 111 6 L r EUgl3'___� L---------125,W-1-----973 fSOYAJd
N9977'55'W 15J,96' LS io--1
�•
4,5.5
�k'E9T3�OIF�
I
II WOUAN PARK WWM510N W. 1
L ■K. 43.PC 3856-M57
? 1
lfi
'Cd04+G955
Page 6
D. Proposed Site Layout
66
17,X
0 _
Im
C:) ft
a 0
LO
--ft 3' cn
0 ��
ILI
-40
4A 1 „
Page 7
VII. CITY/AGENCY COMMENTS & CONDITIONS
A. Planning Division
Site Specific Conditions:
1. The applicant shall comply with all applicable conditions of approval associated with this site
(AZ-15-009;PP-15-014; H-2016-0087; H-2016-0022;H-2019-0139) and recorded development
agreement instrument#2016-019362.
2. The applicant has until August 24,2023,to obtain City Engineer's signature on the short plat or
apply for a time extension in accord with UDC I 1-613-7.
3. The final plat prepared by Land Solutions,dated 4/19/2021,prepared by Clinton W. Hansen, shall
be revised as following:
a) The common driveway easement shall be revised to a separate lot,per UDC 1I-
6C-3.
b) Remove setback dimensions.
c) Note 11 shall be revised to address the common lot.
d) Note No. 9 shall include instrument number.
4. Prior to signature of the final plat by the City Engineer,the applicant shall provide a letter from
the United States Postal Service stating that the applicant has received approval for the location of
mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more information.
5. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat does not
relieve the applicant of responsibility for compliance.
6. Prior to City Engineer's signature on the final plat,the applicant shall provide a common drive
exhibit that demonstrates all requirements of UDC 11-6C-3 are met, including widths,fencing
and landscaping.
7. The applicant shall construct single family detached dwellings in accord with the recorded
development agreement.
8. A Flood Plain Development Permit is required prior to any earth moving development activity.
B. Public Works
Site Specific Conditions:
1. Do not route water or sewer service lines through Lot I to serve Lot 2, ensure water service lines
are run through the common drive.
2. Currently no water or sewer mains are proposed. If water or sewer mains are to be built,the
design must be reviewed and approved by Public Works Engineering.
3. Two flood plain elevation certificates are required. Initial certificate required prior to foundation
inspection approval. Final certificate required prior to C of O approval.
General Conditions:
1. 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
Page 8
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
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
Page 9
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 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.
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 6-7 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.
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 wells that will not continue to be used must be properly abandoned according to Idaho Well
Construction Standards Rules administered by the Idaho Department of Water Resources. The
Developer's Engineer shall provide a statement addressing whether there are any existing wells in
the development, and if so, how they will continue to be used, or provide record of their
abandonment.
22. 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.
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.
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 addressed per UDC
11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any
Page 10
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 Medium Density
Residential with a density range of 3 to 8 dwelling units per acre. The proposed lots sizes of 7,000
sq.ft.and 9,000 sq.ft.are within this density range,and the overall density of the entire subdivision
is 3.24 du/acre. The proposed short plat complies with the Comprehensive Plan and is developed
in accord with UDC standards.
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 improvements for 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 finds the proposed short plat 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 the
development of this site.
Page 11