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Ferguson Townhomes SHP-2022-0007 Findings CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAWC� f IDIAN: AND DECISION&ORDER p H In the Matter of the Request for Short Plat to Create Two Buildable Lots on Approximately 0.31 Acres in the R-8 Zoning District,by Matthew Ferguson. Case No(s). SHP-2022-0007 For the City Council Hearing Date of. June 28,2022 (Findings on July 12, 2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of June 28, 2022, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of June 28,2022, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of June 28,2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of June 28,2022,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 June 28, 2022, incorporated by reference. The conditions are concluded to be FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(FERGUSON TOWNHOMES SHORT PLAT-FILE#SHP-2022-0007) - 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 June 28,2022,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 11-6B-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 I I- 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(FERGUSON TOWNHOMES SHORT PLAT-FILE#SHP-2022-0007) -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 June 28,2022 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(FERGUSON TOWNHOMES SHORT PLAT-FILE#SHP-2022-0007) -3- By action of the City Council at its regular meeting held on the 12th day of July 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 7-12-2022 Attest: Chris Johnson 7-12-2022 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 7-12-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(FERGUSON TOWNHOMES SHORT PLAT-FILE#SHP-2022-0007) -4- EXHIBIT A STAFF REPORTC� fE IDIAN*, - COM M UNI TY DEVEL OPM ENT DEPARTM ENT '°� HEARING 6/28/2022 legend DATE: Fro Lx a fan , TO: Mayor & City Council J FROM: Alan Tiefenbach, Associate Planner 208-498-0573 SUBJECT: SH P-2022-0007 Z � Ferguson Townhomes Short Plat LOCATION: 1335 NE 4th Street 1. PROJECT DESCRIPTION The Appl i cant proposes a Short Rat to create two buildable lots on approximately 0.31 acres in the R- 8 zoning di strict. I I. APPLICANT INFORMATION A. Applicant/ Owner Matthew Ferguson - 652 E. Bonita Canyon St., Meridian, ID 83646 B. Representative: Kellen Ericson, Alpha Omega Engineering—652 E. Bonita Canyon St., Boise, I D 83706 111. NOTICING City Council Posting Date Newspaper Notification 06/09/2022 Radius notification mailed to properti es withi n 500 feet 06/10/2022 Pagel I V. STAFF ANALYSIS The appl i cant proposes to repl at Lot 1, BI ock 1 of OI i ve Dal e Subdi vi si on No. 1 i nto two (2) 1 ots to construct single family attached units; one on each lot. The applicant has submitted construction pl ans whi ch i ndi cate the i ntended f I oorpl ans and ref I ects curb, gutter and a 5 ft. wi de attached sidewalk being constructed along the frontage of the property. As NE 41h St. is a Iocal road, a landscape buffer is not required. A I arge porti on of the property i s shown to be wi thi n a 100-year f I oodpl ai n. The FI oodpl ai n Administrator has noted afIoodplain permit will be required prior to building permit. The short plat i nd i cates the area of the f I oodpl ai n and has note requi ri ng com pl i ance w i th the City'sfIoodplain regul ati ons as requi red by UDC 10-6. Staff has revi ewed the requested short pl at proposal. I f the pl at i s revi sed to adj ust the i nternal I of I i ne between Lots 1 and 2 so both lots meet the mi ni mum 40 ft. frontage requi rement i n the R-8 zoni ng district, the proposal would meet the criteria for approval per UDC 11-613-5. V. DECI SI ON A. Staff: Staff recommends approval of the proposed short plat with the conditions noted in Section VI I of this report. B. The Meridian City Council heard this item on June 28, 2022.At the public hearing.the Council moved to approve the sub!ect short pl at request. 1. Summary of the City Council public hearing: a. In favor: Matthew Ferguson b. In opposition: None c. Commenting: Matthew Ferguson d. Written testimony: None e. Staff presenting application: Alan Tiefenbach f. Other Staff commenting on application: None 2. Key i ssue(s)of pubs i c testi monv: a. None 3. Key i ssue(s)of di scussi on by Ci ty Counci 1: a. None 4. City Council change(sl to Commission recommendation: a. None Page 2 VI. EXHIBITS A. Existing Olive Dale Subdivision No 1 OLIVE DALE 5[JBDIVIS[ON NO. 1 1'oRTION OF x I/E. NE I14. NI'IA. SECTION T,T.W.R.IE_R.M. ADA COUNTY, IDAHO N 19B$ N va Src r eo :a a _ _i4o yrn >IcdLc al EccT 1086.64 492o.OG eao�la' srsl'3a 1 C.HAPIN SUBDIVISION 610, NO. 2 UNPLATTED 50 h W 1 I I I + BAILEY 'm _ AVENUE -�� I Avlr S.89'54'10'W. 585.38' °/ 31A0 91.42' 71.01' M1 ]I.00 IE0.9E 3O.Od I o �.e o 3 r O i 91 SIS OF H[/MMQ 5 y c 3 _ 4 .°a q S 3 m g 4 $ o Ld rr 2 W W.to n --- -- ----- �� ---- --___ --- ¢ w I H � N.a9.36 q"E. IE7,4Z ]IAo' 1I.00 IfiU.79 Q N ti BL�CK ;2 3 9LccX 1 p CL � 2 o � rn 62 5, o.oi 3001' IB29'/ 7103 3001 lo.oi n.03� N.o•CO'00°f. N.BS'21'55"E. 565.25` YT99 �IN� I s avoi 3o"w. n0}E 91rtf1 turn-a nmd En,em.M 73PAC to n•trl fo IP,ppw l}Oxn, � wl�n S-1 N..1— p{7ll I I W Q � Irrgotlon W UNPLATTE❑ rr I A Cv.8en.7 S-A"'30'w. Cm lh S.e.i Wing orRr 1. ob a v8 8. ,,p Ien A. CURVE DATA CARVE R a ITI L I CM-_1 CO. aER C•� Tco IA li4 C-9 f SW o �809 3lc Seya 520 Page 3 B. Proposed Short Plat (date: 3/11/2022) PLAT SHOWING FERGUSON TOWNHOM£S 1 A REPLAT OF LOT 1,BLOCK 1,OF OLIVE DALE SIJSD-VISION NO.1 LOCATED VATH IN THE NE 114 OF THE NW TIA OF SECEION 7,TOATSHIP 3 NORTH,RANG 1 EAST, BOISE MER'DiAN,CITY OF MERIDIAN ADA COUNTY.IDAHO 2022 FADLEY AVEN-UR �y �B'3I'S]'L ccc�r JO W I I I I Igr mI T. I2'r LOT 3(PI) LOT4,0-1) aI 2 R I I d a�I I �• I E• M � W FMEI.IENf ti r I 1 s r� LOT2(PY7 eLo SHB'3G'7H"E I6Q7d �e I cp lU.x 2w � —f- — — — —i �-— — — - — - -- - - =� norm• ,�� �p � SR6'ii'i3"W Iv;fafa9 i Y �' ]IA3 �6'S6V6vf ISO.7T 588'b9'33'W ` swss rw 313.ST LEG ENb BASIS OF BEARING ` 309 UNPLATTEO iU60MLON PARCEL 90UIOdRY I]NE i LOT HWNOARY II NE • ....•• .ADJACENT RECORD&WIDARY ONE{RII F)R'-SINOEASEMENTB NNARY Page 4 C. Conceptual site plan (date: 2/11/2022) I ,,Hw�sa Q93 �„ar,ss:a6as � I I L ❑ I' I Ez w I rn 3 `,— frlit _ w n I Z Q ❑ LUo N J I LL'49r M,ArMSASS Q J Ui FL F I I En I I a o z a Q Page 5 VI I. CITY/AGENCY COMMENTS& CONDITIONS A. Planning Division Site Specific Conditions: 1. The short plat prepared by Aaron P Rush PLS, dated 3/11/2022, included in Section V I.B is approved with the folIowing revision: a) The applicant shall reconf i gure the i nternal lot between Lots 1 & 2to meet the mi ni mum 40 ft. I of f rontage requi rement of the R-8 zoni ng di stri ct. b) The i nternal I of I i ne between Lots 1 & 2 shal I be graphi cal I y depi cted as a zero- lot line. 2. The appl i cant shall obtain a f I oodpl ai n permit in conformance wi th UDC 11-613-5 prior to building permit. 3. Administrative design review is required prior to building permit for all new attached residential structures containing two (2)or more dwelling units. 4. If the City Engineer's signature has not been obtained within two(2)years of the City Counci I's approval of the short plat, the short plat shall become null and void unl ess a ti me extension is obtained, per UDC 11-613-7. 5. Staff's failure to cite specific ordinance provisions or conditions from the previous approvals as noted i n conditi on 3. above, does not rel i eve the Appl i cant of responsi bi I i ty for compliance. 6. The short plat shall be recorded prior to submission of a building permit. 7. The devel opment shall comply with all bulk, use, and development standards of the R-8 zoning listed in UDC Chapter 2 District regulations. B. Public Works Site Specific Conditions: 1. Applicant to provide DEQ approval of the setbacks with proposed water design. In addition to any DEQ requirements, applicant shall case water line per City requirements and extend the casing 10 feet past the edge of the infiltration trench and 10 feet past the sewer manhole. General Conditions: 1. Sanitary sewer service to this development is available via extension of existing mainsadjacent to the development.The applicant shall i nstal I mai ns to and through this subdivision; appl i cant shall coordinate main size and routing with the Publ i c Works Department,and execute standard forms of easements for any mains that are required to provi de servi ce. 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 shal I 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 i nstal I water mains to and through this development, coordinate main sizeand routing with Public Works. 3. All improvements related to public I ife,safety and health shall be comp)eted prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such i mprovements i n order to obtai n City Engineer si gnature on the fi nal plat asset Page 6 forth in UDC 11-5C-3B. 4. Upon install ati on of the I andscapi ng and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion asset forth in UDC 11-313-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete f enci ng, I andscapi ng, ameni ti es, pressuri zed i rri gati on, pri or to si gnature on the f i nal pl at. 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 Devel opment Servi ce for more i of ormati on at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety i n the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a durati on of two years. Thi s surety amount wi I I be verif i ed by a I i ne item f i nal cost i nvoi ci ng provi ded by the owner to the Ci ty. The surety can be posted i n the form of an i rrevocabl e I etter 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 Devel opment Servi ce for more i of ormati on at 887-2211. 8. 1 n the event that an appl i cant and/or owner cannot compl ete non-I ife, non-safety and non-heal th improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth i n UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction i nspecti on f ees, as determi ned duri ng the pl an revi ew process, pri or to the i ssuance of a pl an approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Ameri cans wi th Di sabi I i ti es Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compl i ance wi th any Section 404 Permitting that may be requi red by the Army Corps of Engi neers. 12. Devel oper shal I coordi nate mai I box I ocati ons with the M eri di an Post Off i ce. 13. Al I gradi ng of the si to shal I be performed i n conformance with M CC 11-1-413. 14. Compacti on test resul ts shal I be submitted to the M eri di an Bui I di ng Department f or al I bui I di ng pads receiving engineered backfill, wherefooting would sit atop fill material. 15. The engi neer shal I be requi red to certify that the street centerl i ne el evati ons are set a mi ni mum of 3-feet above the highest established peak groundwater elevation. This isto 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 drainagefaci Iity withi n this project that do not fall under thej urisdiction of an irrigation district or ACH D. The desi gn engi neer shal I providecertification that the faciIities have been instalIed 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 responsibleto submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and Page 7 approved prior to the issuance of a certification of occupancy for any structures within the proj ect. 18. The appl i cant shall I provi de easement(s)for al I publ i c water/sewer mai ns outsi de of publ i c ri ght 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 avai I abl e f rom Publ i c Works), a I egal descri pti on prepared by an I daho 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 thefinal plat by the City Engineer. 19. Applicant shall beresponsiblefor application and compliancewith and NPDESpermitting that may be required by the Environmental Protection Agency. 20. 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 continueto be used, or provide record of their abandonment. 21. 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. 22. 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 uti I i zed,the devel oper wi I I be responsi bl e for the payment of assessments for the common areas prior to development plan approval. 23. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and conti guous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,theapplicant shall comply with Idaho Code42-1207 and any other appl i cabl e I aw or regul ati on. Page 8 VI I I. FINDINGS Inconsideration of a short plat, the decision-maki ng body shal I 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 High Density Residential. The current zoning district of the site is R-8. 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 areadequatetoaccommodatethe 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 publicfinancial capability of supporting servicesfor 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. Thedevelopment 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 wel fare. 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 9