Budget Blinds Subdivision SHP-2022-0003 Findings CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI N-,
AND DECISION&ORDER
In the Matter of the Request for Short Plat to Create Two(2)Buildable Lots on Approximately
1.76 Acres in the C-N Zoning District.,by KM Engineering.
Case No(s). SHP-2022-0003
For the City Council Hearing Date of: March 15, 2022 (Findings on April 5,2022)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of March 15,2022,incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of March 15, 2022,incorporated by
reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of March 15, 2022,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of March 15,2022, 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 March 15,2022, incorporated by reference. The conditions are concluded to be
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(BUDGET BLINDS SUBDIVISION-FILE#SH -2022-0003)
- I -
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that:
1. The applicant's request for Short Plat is hereby approved per the conditions of approval in the
Staff Report for the hearing date of March 15,2022, 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 11-613-7.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 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
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(BUDGET BLINDS SUBDIVISION-FILE#SH -2022-0003)
-2-
period.
E. Judicial Review
Pursuant to Idaho Code § 67-652 1(1)(d),if this final decision concerns a matter enumerated in Idaho
Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight
(28)days after all remedies have been exhausted, including requesting reconsideration of this final
decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as
provided by chapter 52,title 67,Idaho Code. This notice is provided as a courtesy; the City of
Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA.
F. Notice of Right to Regulatory Takings Analysis
Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the
subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory
takings analysis.
G. Attached: Staff Report for the hearing date of March 15, 2022
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(BUDGET BLINDS SUBDIVISION-FILE#SH -2022-0003)
-3-
By action of the City Council at its regular meeting held on the 5th day of April
2022.
COUNCIL PRESIDENT BRAD HOAGLUN VOTED
COUNCIL VICE PRESIDENT JOE BORTON VOTED
COUNCIL MEMBER JESSICA PERREAULT VOTED
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER TREG BERNT VOTED
COUNCIL MEMBER LIZ STRADER VOTED
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. Simison 4-5-2022
Attest:
Chris Johnson 4-5-2022
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: 4-5-2022
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(BUDGET BLINDS SUBDIVISION—FILE#SHP-2022-0003)
-4 Page 230
EX H I BIT A
STAFF REPORT (�/
W IDIANn-=-
COMMUNITY DEVELOPMENT DEPARTMENT A H O
HEARING 3/15/2022 Legend
DATE: ILI LacaTron ---
TO: Mayor&City Council _
FROM: Alan Tiefenbach,Associate Planner
208-498-0573 W_CH1HDEH_BL'YD -------
SUBJECT: SHP-2022-0003
Budget Blinds Subdivision Short Plat AX
LOCATION: 1850 W. Everest Ln
1x
l
I. PROJECT DESCRIPTION
The Applicant proposes a Short Plat to create two(2)buildable lots on approximately 1.76 acres in
the C-N zoning district.
II. APPLICANT INFORMATION
A. Applicant/Representative:
Amanda Wiemiller—KM Engineering—5725 N. Discovery Wy,Boise, ID 83713
B. Owner:
Quent Blodgett—3230 N. Eagle Rd. STE 150,Meridian, ID 83646
III. NOTICING
City Council
Posting Date
Newspaper Notification 02/27/2022
Radius notification mailed to
properties within 300 feet 02/28/2022
Page 1
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Item#18.
IV. STAFF ANALYSIS
The subject property was annexed into the City in 2002 and zoned R-4 as part of the 354.38-acre
Lochsa Falls Subdivision(AZ-02-010,PP 02-009). Per the Lochsa Falls Development Agreement
(Instr. 103012598)and CUP-02-012, a conditional use permit was required prior to any commercial
development on the lot. In 2004 it was platted as part of Lochsa Falls Subdivision No 12 (FP-04-054),
and in 2007 the subject property was rezoned from R-4 to C-N(RZ-06-008). When the property was
rezoned to C-N, a Conditional Use Permit Modification was also approved to remove the requirement
for conditional use permit approval(MCU-06-008).
The Applicant proposes to subdivide the subject property(Lot 41 Block 49 of the Lochsa Falls
Subdivision 12)into a new plat consisting of 2 lots. The northern lot(Lot 2)will be 42,608 sq. ft. in
size and is proposed for an 8,100 sq. ft. retail business. The southern 33,916 sq. ft. lot(Lot 1)is
proposed for a future commercial lot.
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. As
required per UDC I I-2B-3, a 35 ft. wide landscape buffer in a common lot has already been provided
along W. Chinden Blvd, and there is already a 10 ft.wide residential buffer within a common lot
provided along the southern property line as required by the development agreement. A landscape
buffer is not required along the eastern property line as this is adjacent to a private driveway,but a 15
ft. wide easement for the north slough lateral is provided in this same area.
Access is shown to be provided by W. Everest Ln, a private road,which parallels the property along
the south and east property lines, including access to W. Chinden Blvd. However,W. Everest Ln,
along the eastern boundary of the property, is shown to be within the Knighthill Center Subdivision
No I and 2. The applicant will need to provide proof of cross access to the properties to the east(Lot
3,Block 1 of the Knighthill Center Subdivision No 1 and Lot 6,Block 1 of the Knighthill Subdivision
No 2)or configure future site plans for access only from the south. The applicant should be required
to dedicate cross access easements from Lot 1 to Lot 2 as a condition of approval of this short plat.
Staff has reviewed the requested short plat proposal and has determined that it meets the criteria for
approval per UDC 11-6B-5.
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 these items on March 15,2022.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: Stephanie Hopkins
b. In opposition:None
C. Commenting: Stephanie Hopkins
d. Written testimony: None
e. Staff presenting application: Alan Tiefenbach
f. Other Staff commenting on application:None
2. Key issue(s)of public testimonv:
Page 2
Page 232
Item#18.
a. None
3. Key issue(s)of discussion by City Council:
a. Questions regarding the access to the east, and narking issues along W. Everest Ln.
4. City Council change(s):
a. None
Page 3
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Item#18.
VI. EXHIBITS
A. Existing Lochsa Falls Subdivision No 12
2005
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Page 4
Page 234
Item#18.
B. Proposed Short Plat(date: 1/26/2022)
PLAT OF
BUDGET BLINDS SUBDIVISION
A RESUBDIVISION OF LOT 41,BLOCK 49,LOCHSA FALLS SUBDIVISION No.12,SITUATED IN
THE NORTHEAST 114 OF THE NORTHEAST 114,SECTION 26,TOWNSHIP 4 NORTH,
RANGE 1 WEST,BOISE MERIDIAN,CITY OF MERIDIAN,ADA COUNTY,IDAHO
2022
romn uwnuu crp
ry 1/0^gnxER SfLTlpx)E
'U.MbF W.2011-017169 .. ... ... .... .. .. _
RA51t OF gFMpl:
23 W_Chlnden Boulevard .23 24
26 25
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HE C.IANEYI 7P 1?-67Ll 76� CPkF 1co.26i7-072170 I
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Lot 46,Block 49
Lachsa Falls Subdivision No.12 - --
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Ladlsa Falls Subdivision No.12
Page 5
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Item#18.
C. Proposed Landscape Plan(date: 1/28/2022)
Nwro1 z ri�land.wnr~rixE E.�_ Tre,
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Page 6
Page 236
Item#18.
D. Conceptual Site Plan
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43 PARKING STALLS
(1/188 S
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PATIO FUTURE BUILDING PATIO Ley
7,560 S.F. y,,, •�s�
E E-_ E- _ - 39 PARKING STALLS sum
(11199 SF)
SIZE:34,9M 5F(.502 AC.);
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[ -1-E I E E E - I I-T1 E-E E Tm E m
1 ( L H-F-LL III W.Everest Lane H (PrNa4. H
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Page 7
Page 237
Item#18.
VII. CITY/AGENCY COMMENTS & CONDITIONS
A. Planning Division
Site Specific Conditions:
1. The short plat prepared by Kelly Kehrer of KM Engineering included in Section VI.B shall
be revised as follows:
a) Add a note to the plat that specifies the shared access between the two lots or
graphically depict a cross-access/ingress-egress easement between Lot 1 and Lot
2 in accord with the provisions of UDC 11-3A-3A2.
b) Applicant shall provide proof of cross access with the Knighthill Center
Subdivision No 1 &2(at the east)or all access shall occur from the south.
c) Add a note to the plat that prohibits direct lot access to W. Chinden Blvd.
2. Applicant shall comply with all previous conditions of approval associated with this
development(AZ-02-010, DA Inst. 104022054, PP 02-009, CUP 02-012,DA Instr.
103012598,MCU 06-002,RZ-06-008).
3. If the City Engineer's signature has not been obtained within two(2)years of the City
Council's approval of the short plat,the short plat shall become null and void unless a time
extension is obtained,per UDC 11-613-7.
4. Development of any lot shall require submission of Certificate of Zoning Compliance and
Design Review per UDC-11-5B-1 and shall meet all applicable requirements of City of
Meridian code.
5. Existing landscape buffer along W. Chinden Blvd shall be protected during all construction
activities.
6. A public access easement and sidewalk meeting the requirements of UDC 11-3A-17 shall be
provided along the south side of Lot 1, Block 1.
7. Staff s failure to cite specific ordinance provisions or conditions from the previous approvals
as noted in condition 3. above,does not relieve the Applicant of responsibility for compliance.
B. Public Works
(Common) SITE SPECIFIC CONDITIONS:
1. Developer is required to enter into a reimbursement agreement for the installation of one
streetlight that was installed on Chinden Boulevard as part of the widening project. The
developer is required to sign the reimbursement agreement and pay the installation amount of
$8,465.00 prior to signature of the plat.
2. No changes to public works infrastructure was shown with the application, any public works
changes must be reviewed by public works engineering prior to approval or construction.
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Item#18.
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 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.
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Item#18.
12. Developer shall coordinate mailbox locations with the Meridian Post Office.
13. All grading of the site shall be performed in conformance with MCC 11-1-413.
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 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
prof ect.
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 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.
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
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Item#18.
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 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.
The current zoning district of the site is C-N. 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.
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