Chimney Peak Subdivision SHP-2023-0002 Findings CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAWC f1E AND DECISION DECISION&ORDER
In the Matter of the Request for a Short Plat to Re-subdivide Lot 18,Block 24,Fulfer Subdivision
No.6 into Four(4)Building Lots and One(1) Common Lot on 1.45-Acres of Land in the R-8
Zoning District for Chimney Peak Subdivision,by Centurion Engineers,Inc.
Case No(s). SHP-2023-0002
For the City Council Hearing Date of. May 23,2023 (Findings on June 6,2023)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of May 23,2023,incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of May 23,2023,incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of May 23,2023,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of May 23,2023,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 (LC. §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.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR CHIMNEY PEAK SUBDIVISION SHP-2023-0002 -I-
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of May 23,2023,incorporated by reference. The conditions are concluded to be
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 a short plat is hereby approved per the conditions of approval in the
Staff Report for the hearing date of May 23,2023,attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Short 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 11-6B-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 1I-
6B-7C).
E. Judicial Review
Pursuant to Idaho Code § 67-6521(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.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR CHIMNEY PEAK SUBDIVISION SHP-2023-0002 -2-
G. Attached: Staff Report for the hearing date of May 23,2023
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR CHIMNEY PEAK SUBDIVISION SHP-2023-0002 -3-
By action of the City Council at its regular meeting held on the day of
2023.
COUNCIL PRESIDENT BRAD HOAGLUN VOTED
COUNCIL VICE PRESIDENT JOE BORTON VOTED
COUNCIL MEMBER JESSICA PERREAULT VOTED
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER JOHN OVERTON VOTED
COUNCIL MEMBER LIZ STRADER VOTED
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert Simison
Attest:
Chris Johnson
City Clerk
Copy served upon Applicant,Community Development Department,Public Works Department and City
Attorney.
By: Dated:
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR CHIMNEY PEAK SUBDIVISION SHP-2023-0002 -4-
EXHIBIT A
STAFF REPORT E COMMUNITY
N --
COMMUNITY DEVELOPMENT DEPARTMENT p`
HEARING 5/23/2023 -
Legend
DATE: let Lacafkan
TO: Mayor&City Council -
FROM: Sonya Allen,Associate Planner
208-884-5533 R-8
SUBJECT: SHP-2023-0002
Chimney Peak Subdivision
YVM ILLAN'RD �.
LOCATION: 4853 N. Chimney Peak Ave.,in the SEC ~�
of Section 26,TAN.,R.1W. R.-15-
R
R.1'&.I
i�K=is
.-. IrTfll
L PROJECT DESCRIPTION
Short plat to re-subdivide Lot 18,Block 24,Fulfer Subdivision No. 6,consisting of 1.45 acres of
land,into four(4)building lots and one(1)common lot in the R-8 zoning district.
II. APPLICANT INFORMATION
A. Applicant: Tamee Bilbo,Centurion Engineers,Inc. -2323 S.Vista Ave.,Boise,ID 83705
B. Owner: Colton and Leo Yasinski-4853 N. Chimney Peak Ave.,Meridian,ID 83646
C. Representative: Same as Applicant
III.NOTICING
City Council
Posting Date
Legal notice published in
newspaper 5/7/2023
Radius notice mailed to property
owners within 500 feet 5/5/2023
Posted to Next Door 5/5/2023
IV. STAFF ANALYSIS
The short plat proposes to re-subdivide Lot 18,Block 24,Fulfer Subdivision No. 6,consisting of 1.45
acres of land,into four(4)building lots and one (1)common lot in the R-8 zoning district. The
Page 1
proposed density of 2.76 units per acre is consistent with the density desired of 3 to 8 dwelling units
per acre in the Medium Density Residential Future Land Use Map designation for this site.
There is an existing home and two(2) accessory structures on the property that are proposed to
remain on Lot 1. The smaller of the two structures consists of approximately 80 square feet(s.f)and
is located approximately 2-feet off the side yard property line; it's not required to comply with the
setback requirements of the district as it's less 200 square feet in area. The larger structure is over 200
s.f in area and complies with the setback standards. The existing home complies with the setback
requirements of the district and is connected to City water and sewer service.
Staff has reviewed the proposed short plat for compliance with the criteria set forth in UDC 11-6B-5
and deems the short plat in compliance with said requirements.
Access to this property is provided via an existing paved driveway from N. Chimney Peak Ave.,
which will be platted as a common lot for a common driveway that will provide access to all lots in
the proposed subdivision. Direct access via W.McMillan Rd. is prohibited. The Fire Department has
approved the design of the proposed common driveway and turnaround. A common driveway exhibit
was submitted as shown in Section VLD that reflects compliance with the standards listed in UDC
11-6C-3D.
The street buffer adjacent to the southern boundary of the site along W. McMillan Rd.was
constructed with the subdivision improvements for Fulfer Subdivision No. 6. There is existing
landscaping(i.e. trees and lawn)along both sides of the existing driveway that complies with the
standards for common driveways listed in UDC 11-6C-3D.5.
Because the site is below 5 acres in size,the standards for common open space and site amenities do
not apply per UDC 11-3G-2.
There are a lot of existing trees on this site,many of which are proposed to be removed.A mitigation
plan was submitted,included in Section VLB,that depicts existing trees that are proposed to be
removed vs. retained and mitigation requirements as determined by the City Arborist.Mitigation is
proposed in accord with the standards listed in UDC 11-3B-IOC.5.
Future development of the proposed lots should comply with the dimensional standards listed in UDC
Table 11-2A-6 for the R-8 zoning district and the common driveway exhibit in Section VLD.
V. DECISION
A. Staff:
Staff recommends approval of the proposed short plat with the conditions noted in Section VII of
this report and in accord with the findings in Section VIII.
B. The Meridian City Council heard this item on May 23,2023. At the public hearing.the Council
moved to approve the subject SHP request.
1. Summary of the City Council public hearing
a. In favor: Anna Canning,Centurion Engineers
b. In opposition: None
C. Commenting. None
d. Written testimony: None
e. Staff presenting application: Sonya Allen
f. Other Staff commenting on application: None
2. Ke, ids)of public testimony
a. None
3. Key issue(s)of discussion by City Council:
a. None
Page 2
4. City Council change(s) to Commission recommendation:
a. None
Page 3
#t EXHIBITS
A Short Plat(date: 2/15/23)
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Chimney Peak Subdivision
Notes Certificate of Owners
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1
GENTUR/oti
CENTURION ENGINEERS,INC.
Consulting Engine rs,Land 5—eyors.Planners
2323 S.Vista Ave.Ste.2061 Boise,ID 83705
208.343.3381 1 we—enteng.tom
ehCINEE4s Chimney Peak SuW.M.Wion
Sheet 2 of 3
Page 5
B. Landscape Plan(dated: 2/21/23)&Mitigation Plan
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D. Common Driveway Exhibit
4 - Driveway Exhibit For:
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CENTURION ENGINEERS.INC.
tonsolting Engineers,Lana surveyor,Planners
2323 S.Vista Are,Ste.2051 Boise,In 83705
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Page 9
E. Fire Department Approved Turnaround
Chimney Peak Subdivision
Turnaround Sketch
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INSTALL"NO PARKING FIRE LANE"
SIGN PER APPENDIX D OF THE 2018 r
IFC AND INSTALLED PER ACHD i
STANDARDS. (TYPICAL)
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Note
ALL COMMON BE
CENTURION ENGINEERS, INC. MAINTAINED ATDALMESIvEWAYSAND F R ACC�ESSSHALL BY FIRE,
Consulting Engineers,Land Surveyors,Planners POLICE, AND EMAS AT ALL TIMES OF THE YEAR.
2323 S.Vista Ave.Ste.2061 Boise,ID 83705
208.343.3381 1 www.centengr.com
30 0 3a
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Page 10
VIL CITY/AGENCY COMMENTS&CONDITIONS
A. Planning Division
Site Specific Conditions:
1. The Applicant shall comply with all previous conditions of approval associated with this
development: AZ-03-013 (Development Agreement Inst. 4103181095),CUP-03-028,PP-03-
014 (Kelley Creek Subdivision); and FP-05-036 (Fulfer Subdivision No. 6),as applicable.
2. If the City Engineer's signature has not been obtained within two(2)years of the City
Council's approval of the short plat,the short plat shall become null and void unless a time
extension is obtained,per UDC 11-6B-7.
3. The short plat prepared by Joseph D. Canning,Centurion Engineering on 2/15/2023,included
in Section VLA, shall be revised as follows:
a. Note 42: Include the recorded instrument number of the CC&R's.
b. Note 44: `Building setbacks and dimensional standards in this subdivision shall be in
compliance with the applicable zoning regulations of the City of Meridian end eenditie
c. Note 45: "Lots shall not be reduced in size without prior approval from the health
authority and the City of Meridian."
d. Note 46: "Lots 5,Block 1;is designated as a common drive lot to be owned and
maintained by the Homeowners' Association. Lot 5 will provide ingress/egress to all the
lots within Chimney Peak Subdivision. The common drive shall have a paved surface
capable of supporting fire vehicles and equipment."
e. Note 99: Include side and subdivision boundary PUDI easements if applicable.
f. Note#10: Delete note pertaining to direct lot access via McMillan Rd. (access is
prohibited).
4. Future development shall comply with the dimensional standards listed in UDC Table 11-2A-
6 for the R-8 zoning district and the common driveway exhibit in Section VLD.
5. All existing structures that don't comply with the minimum dimensional standards listed in
UDC Table 11-2A-6 for the R-8 zoning district shall be removed prior to signature on the final
plat by the City Engineer.Note:All structures less than 200 square feet in area are not required
to comply with the minimum setback standards.
6. Staffs failure to cite specific ordinance provisions or conditions from the previous approvals
noted above does not relieve the Applicant of responsibility for compliance.
B. Public Works
Site Specific Conditions of Approval
1. Common Driveways with 4 or more lots need to have a private sewer line that will be the
responsibility of the HOA. A manhole in the common driveway located at the property
boundary is required with a lid that states"Private".
2. Ensure no sewer services pass through infiltration trenches
3. Ensure no permanent structures (trees, bushes, buildings, carports, trash receptacle walls,
fences,infiltration trenches,light poles,etc.)are built within the utility easement.
Page 11
General Conditions:
1. Applicant shall coordinate water and sewer 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.
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.
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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
project.
18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street
Lighting (http://www.men'diancity.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
source of water(UDC 11-313-6). 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
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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.
C. Fire Department
https://weblink.meridiancity.oEg1 ebLink/DocView.aspxTid 295088&dbid 0&repo Meridi
anCi
D. Idaho Transportation Department(ITD)
https:llweblink.meridiancity.org/WebLinkIDocView.aspx?id 295691&dbid O&repo Meridi
anCity&cr1
E. Ada County Highway District(ACHD)
https://weblink.meridiancity.oCgj ebLink/DocView.aspxTid 297271&dbid 0&repo Meridi
anCi
VIIL 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 and the current zoning district of the site is R-8. The City Council finds the
proposed short plat complies with the short plat standards listed in UDC 11-613-5. Future
development should comply with the dimensional standards for the R-8 zoning district listed
in UDC Table 11-2A-6.
B. Public services are available or can be made available and are adequate to accommodate
the proposed development;
City Council finds that public services will be provided and are adequate to serve the proposed
lots.
C. The plat is in conformance with scheduled public improvements in accord with the City's
capital improvements program;
City Council finds all required utilities will be provided with lot development at the developer's
expense.
D. There is public financial capability of supporting services for the proposed development;
City Council finds that the development will not require major expenditures for providing
supporting services as services are already being provided in this area.
E. The development will not be detrimental to the public health, safety or general welfare;
and
City Council finds the proposed development will not be detrimental to the public health,
safety or general welfare.
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F. The development preserves significant natural, scenic or historic features.
City Council is not aware of any significant natural, scenic or historic features associated with
short platting the structure on this site.
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