Feguson Townhomes SHP-2022-0007Revised 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 19, 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)
- 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 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 26th 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 7-26-2022
Attest:
Chris Johnson 7-26-2022
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: 7-26-2022
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*-
COMMUNITY DEVELOPMENT DEPARTMENT a A H O
HEARING 6/28/2022 Legend /
DATE: ■ ■
�,R"a'Lccafian
TO: Mayor&City Council
FROM: Alan Tiefenbach,Associate Planner
208-498-0573
� w
SUBJECT: SHP-2022-0007 a
Ferguson Townhomes Short Plat
LOCATION: 1335 NE 41h Street
—TR
I. PROJECT DESCRIPTION
The Applicant proposes a Short Plat to create two buildable lots on approximately 0.31 acres in the R-
8 zoning district.
II. 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, ID 83706
III. NOTICING
City Council
Posting Date
Newspaper Notification 06/09/2022
Radius notification mailed to
properties within 500 feet 06/10/2022
— Page 1
IV. STAFF ANALYSIS
The applicant proposes to replat Lot 1,Block 1 of Olive Dale Subdivision No. 1 into two(2)lots to
construct single family attached units; one on each lot. The applicant has submitted construction
plans which indicate the intended floorplans and reflects curb, gutter and a 5 ft. wide attached
sidewalk being constructed along the frontage of the property.As NE 4'St. is a local road, a
landscape buffer is not required.
A large portion of the property is shown to be within a 100-year floodplain. The Floodplain
Administrator has noted a floodplain permit will be required prior to building permit. The short plat
indicates the area of the floodplain and has a note requiring compliance with the City's floodplain
regulations as required by UDC 10-6.
Staff has reviewed the requested short plat proposal. If the plat is revised to adjust the internal lot line
between Lots 1 and 2 so both lots meet the minimum 40 ft. frontage requirement in the R-8 zoning
district,the proposal would meet the criteria for approval per UDC I I-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 this item on June 28,2022. At the public hearing,the Council
moved to approve the subject short plat request.
I. 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 issue(s)of public testimony:
a. None
3. Key issue(s)of discussion by City Council:
a. None
4. City Council change(s)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.3111.,R.IE_R.M.
ADA COUNTY, IDAHO N
19B$
N va Src r
eo :a a _ _i4o yrn
>IcdLc IN 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
3 r O i 91 SIS OF H[/MMQ
5 y c 3 _ 4 .°a q S 3 m g 4 $ o
Ld
rr
m o I 2 W�p W
W.to
n --- -- ----- �� ---- --___ --- ¢ w I H
� N.a9.36 q"E. E74Z ]IAo' 1I.00 IfiU.79 Q
N ti BLick ;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
"all
nOrE
91rtf1 turn-a nmd En,em.M 73PAC
to Slrn n•S
wl�n l N..1 eel,neee.
p{7ll I I W
Q �
Irrgotlon W UNPLATTE❑
re 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 ei4
C-9 f SW o �809 3lc Seya 520
Page 3
B. Proposed Short Plat(date: 3/11/2022)
PLAT SHOWING
J FERGUSON TOWNHOM£S
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,TCNVNS 11P 3 NORTH,RANG 1 EAST,
BOISE MER'DiAN,CITY OF MERIDIAN ADA COUNTY.IDAHO
2022
BADLEY dVEh�lE �y
30W
I
I I I
I � I
I o + N
1�8 mI I t.
L
�g LOT 3(PI) LQT4 WTI aI 2
PQ
I I d
aI E• M
� W FMEI.IENf ti
r I 1
s
LOT2(PY7 eLo SHB'3G'7H"E I6Q7d
b s
�e I
cp
lU.x 2w
—f- — — — —i �-— — — - — - -- - - =� norm• ,"to
�p � SR6'ii'i3"W Iv;fafa9
i Y �' ]IA3 �6'S6V6vf ISO.7T 588'b9'33'W `
588'A'S3'W SI3.i3' LEGEND BASIS OF BEARING ` P09
UNALATTEO
iU60MLON PARCEL 90UIOdRY I]NE i
LOT HWNOARY II NE
• ....•• .ADJACENT RECORD&WIDARY IINE{RII
F)R'-SINOEASEMENTB NNARY
Page 4
C. Conceptual site plan(date: 2/11/2022)
I
r I f
I' I
I I I
oHw Is8 091 3n8TI95a5es J
i-
_I
I
L ❑ I' I
Ez w I rn
3
`,— frslit
_ w n I Z
II In i l
Q
❑ LUo
- r71 "U 1 U
t jl I L
N
J I
LL'49T M'ArD.9SASS Q J
Ui
FL
F I I
En I I a
o z
a
Q
Page 5
VII. 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 VI.B is
approved with the following revision:
a) The applicant shall reconfigure the internal lot between Lots 1 &2 to meet the
minimum 40 ft. lot frontage requirement of the R-8 zoning district.
b) The internal lot line between Lots 1 &2 shall be graphically depicted as a zero-
lot line.
2. The applicant shall obtain a floodplain permit in conformance with 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
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.
5. 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.
6. The short plat shall be recorded prior to submission of a building permit.
7. The development 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 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
Page 6
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 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
Page 7
approved prior to the issuance of a certification of occupancy for any structures within the
project.
18. 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.
19. Applicant shall be responsible for application and compliance with and NPDES permitting 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 continue to 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
utilized,the developer will be responsible 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 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.
Page 8
VIII. FINDINGS
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 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 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 9