Nine Mile Creek Bungalows SHP-2023-0003 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 subdivide an existing residential lot(S1119141856),
consisting of 1.34 acres of land,into four(4)building lots, one(1) common driveway lot,and one(1)
common lot in the R-4 zoning district,by Robyn Shea.
Case No(s). SHP-2023-0003
For the City Council Hearing Date of: February 27,2024 (Findings on March 12, 2024)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of February 27, 2024, incorporated
by reference)
2. Process Facts(see attached Staff Report for the hearing date of February 27,2024, incorporated
by reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of February 27,
2024, incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of February 27, 2024, 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 February 27,2024,incorporated by reference. The conditions are concluded to be
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(NINE MILE CREEK BUNGALOWS-FILE#SHP-2023-0003)
- 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 February 27, 2024,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 11-613-7.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 11-
6B-7C).
Notice of Conditional Use Permit Duration
Please take notice that the conditional use permit,when granted, shall be valid for a maximum
period of two(2)years unless otherwise approved by the City. During this time,the applicant
shall commence the use as permitted in accord with the conditions of approval, satisfy the
requirements set forth in the conditions of approval, and acquire building permits and
commence construction of permanent footings or structures on or in the ground. For
conditional use permits that also require platting,the final plat must be signed by the City
Engineer within this two(2)year period.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-5B-6.G.1,the Director may authorize a single extension of the time to commence the
use not to exceed one (1)two(2)year period.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 conditional use comply with the current provisions of Meridian
City Code Title 11(UDC 11-513-6F).
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(NINE MILE CREEK BUNGALOWS-FILE#SHP-2023-0003)
-2-
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
period.
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.
G. Attached: Staff Report for the hearing date of February 27, 2024
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(NINE MILE CREEK BUNGALOWS-FILE#SHP-2023-0003)
-3-
By action of the City Council at its regular meeting held on the 12th day of March
2024.
COUNCIL PRESIDENT JOE BORTON VOTED
COUNCIL VICE PRESIDENT LIZ STRADER VOTED
COUNCIL MEMBER DOUG TAYLOR VOTED
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER JOHN OVERTON VOTED
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. Simison 3-12-2024
Attest:
Chris Johnson 3-12-2024
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: 3-12-2024
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(NINE MILE CREEK BUNGALOWS-FILE#SHP-2023-0003)
-4-
EXHIBIT A
STAFF REPORT E COMMUNITY
N --
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 2/27/2024
DATE: Legend
Project Location o g
TO: Mayor&City Council
z a
FROM: Stacy Hersh,Associate Planner �E PUFFIN N n
�, ohs
208-884-5533
EMASTIFF ,n i
-ST c ---------------
SUBJECT: Nine Mile Creek Bungalows z
SHP-2023-0003
m p
- -E BEAG
LOCATION: 2055 S. Locust Grove Road.,in the SE 1/4
of the SE 1/4 of Section 19,T.3N.,R.IE. F� E BLUE TIC I H n
E GRIFFON u p ________
ST _
kA -- -
I. PROJECT DESCRIPTION
Short plat to subdivide an existing residential lot(S1119141856), consisting of 1.34 acres of land,
into four(4)building lots,one(1) common driveway lot, and one(1)common lot in the R-4 zoning
district.
IL APPLICANT INFORMATION
A. Applicant: Robyn Shea, Owner.— 12316 N. Humphreys Way,Boise,ID 83714
B. Owner: Same as Applicant
C. Representative: Same as Applicant
III. NOTICING
City Council
Posting Date
Legal notice published in
newspaper
2/11/2024
Radius notice mailed to property
owners within 500 feet 2/10/2024
Posted to Next Door 2/15/2024
Page 1
IV. STAFF ANALYSIS
The short plat proposes to further subdivide parcel#Sl 119141856,consisting of 1.34 acres of land,
into four(4)building lots, one(1) common driveway lot, and one(1)common lot in the R-4 zoning
district. The proposed density of 2.99 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. The proposed lots comply with the dimensional standards listed in UDC Table 11-2A-6 for the
R-4 zoning district.
Existing structure: The existing home is connected to City water and sewer service and is proposed
to remain on Lot 1,Block 1. The detached garage/shop and accessory structure on Lots 2 and 3 are
proposed to be removed upon development of the subdivision. Additionally,the carport for the
existing home is proposed to be removed to comply with the rear setback. Once the carport and the
detached garage are removed the existing home would not meet the required number of off-street
parking spaces.Per UDC Table 11-2A-5, a four-bedroom home must provide four(4)parking spaces,
at least two (2)in an enclosed garage, other spaces may be enclosed or a minimum 20-foot by 20-foot
parking pad.
By removing the required parking from the property, a CUP may be required per the non-
conforming regulations set forth in UDC 11-04, unless the existing garage is retained.At a
minimum, staff recommends that the applicant retain the existing carport and install the
required parking pad so that in the future a garage could be constructed to avoid having to
obtain CUP approval for any expansion. This requires some of the lot lines on the plat to be
adjusted to accommodate the carport prior to City Engineer's signature on the plat.
Easements: The plat is missing the required public utility, irrigation, and drainage (PUDI)
easements for each lot(5-feet along interior lot lines and 10-feet along the perimeter and rear lot
lines). Additionally,the consecutive numbering of all lots in each block, including the common
lots, should be included.
The common lot depicted on the north encompasses the easement for the Nine Mile Creek on a
portion of this property. Staff recommends that the proposed 25-foot easement for the landscape
buffer along the Locust Grove Street frontage terminate at the shared property line of Lot 4, Block
1, and the northern common lot(refer to the figure below).
Access: Access to this property is provided via a driveway from S. Locust Grove Road,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 S. Locust Grove Road is prohibited. The Fire Department has approved
the design of the proposed common driveway which shall be signed"No Parking Fire Lane"per the
Page 2
2108 IFC. A common driveway exhibit that reflects compliance with the standards listed in
UDC II-6C-3D was not submitted. The Applicant should submit a common drive exhibit that
depicts setbacks,fencing,building envelope, and orientation of the lots and structures,
including the existing home on Lot 1,Block 1 prior to City Engineer's signature on the plat.
Road improvements: ACHD recently completed the widening of S. Locust Grove Road,
incorporating a new 10-foot wide pathway adjacent to this site and a 30' curb cut into this site. No
additional roadwork is required for this project.
Landscaping: A twenty-five-foot landscape buffer is required along S. Locust Grove Road in
accordance with UDC 11-3B-7. There is existing landscaping(i.e.trees)to remain and eight(8)new
trees are proposed to be planted with rock mulch. All required landscape buffers along streets shall
be designed and planted with a variety of trees, shrubs, lawn, or other vegetative ground cover.
Plant materials in conjunction with site design shall elicit design principles including rhythm,
repetition,balance, and focal elements. Staff recommends that the Applicant include a variety
of shrubs along with the trees within the planters along S. Locust Grove Road (refer to figure
below). The 25-foot wide landscape buffer area north of the driveway should comply with
these standards for landscaping and requires a license agreement for NMID for any
landscape in their easement. The open space standards allow natural waterways that
intersect, cross, or lie within the developed area to remain unimproved per UDC 11-3G-5B.1.
FIGURE 1
�I
i
The landscape plan specifies that the use of"weed fabric is not recommended". If rock mulch is
used, a weed barrier fabric shall be used beneath the rock in accordance with UDC 3B-3.H.
Impermeable plastic weed barriers are prohibited because they restrict water and oxygen to
the plants.Within stormwater facilities, mulch may not float. Staff recommends that the
Applicant install a weed barrier fabric beneath rock mulch as required by the UDC code.
Page 3
There are a few existing trees on this site, of which two(2)are proposed to be removed.A mitigation
plan was not submitted;however,the landscape plan included in Section VI.B, depicts existing trees
that are proposed to be removed vs. retained. Mitigation should be proposed on the landscape
plan in accordance with the standards listed in UDC 11-3B-10C.5. The Applicant should
provide a description outlining how existing trees to be retained are to be protected during
construction. Furthermore,the landscape plan is missing a calculation table for project
components, necessary for demonstrating compliance with the UDC requirements.
There is no fencing proposed with this application. The Applicant is responsible for
constructing fences abutting common open space lots to distinguish common from private
areas,particularly adjacent to the Nile Mile Creek, to enhance safety. Staff recommends
installing an open vision or semiprivate fence up to six(6)feet in height, along the northern
common lot in accordance with UDC 11-3A-7A.7.b.
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.
V. DECISION
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.
A. The Meridian ON Council heard these items on February 27,2023. At the public hearing,the
Council moved to approve the subject Short Plat request.
l. Summary of the City Council public hearing:
a. In favor: Robyn Shea.Owner
b. In opposition: None
c. Commenting:None
d. Written testimony:None
e. Staff presenting application: Stacy Hersh.Associate Planner
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. Concerns with the amount of outstanding details to be corrected with the short plat.
4. City Council change(s)to Commission recommendation.
a. None
Page 4
VI. EXHIBITS
A. Short Plat(date: 02/07/2023)
PRELIMINARY PLAT 5HOW)NG FnR
MNE ivS[LE CREEK BUNGALOWS
r
.:
Y `- r
MEW
7
NINE MILE CREEK
BUNGALOWS
cxRnmrArr•!u!]WHIRS
rrxnPrcnrc oP AIRl'll'OR courrn nrroanrRs cxenrlcArr:
.,LLmi.rew-well wi-e.xuiamiuc.na..rur s" I r�sT' APPl M. AnA CD11MY COMMmow.m s �
aoxnovo�c�uc nc�o.�o><w ,� �1�
^~ r..c n....r*. CPAi1S1C.IT[OT CIX1Nry nUAA1RP11 - A1.nLSfR 1 PAl.TI f CSRT CAnf
ews w.ni..irw r,.vxm,ucc:iar¢r: ^x.w.w.wsscwrx 'ffi'f �P�
�.cruarxr unrmm-rc�xrrcamnoawm �g�s ��"s APPR(1VA1..1 RfiA CCfllhlV][[I:I fN'.RY nCSTA]CT
cwxn iir..wn,ocmc+c"�csawnir a.a �.
.m,x rir s,rsc�sw rsr�rxrx 9
�ilTF1r�LTT Of COIMiI'W Rl'F.l'O9!
ACN FA]W IlnGNPNi .�.
}y.
'11MRI:RLIR4:
wry.. . ulxvi:"NG
Page 5
B. Landscape Plan(dated: 12/13/2023)
� � z
� a
w
{ �Z
w
A-w9w9mim
�Z
Page 6
C. Aerial Map&Elevations of Existing Home
i
2055 S LOCUST GROVE F X
Show search results for 2055 5...
Nnertrle Leek
I MR
R � i
� E LAIS DR
Y
t+'r
Page 7
f�-
r':
VII. CITY/AGENCY COMMENTS&CONDITIONS
A. Planning Division
Site Specific Conditions:
1. 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.
2. The short plat prepared by Timberline Surveying on 2/7/2023,included in Section VI.A, shall
be revised as follows:
a. Revise Note#2: "Building setbacks and dimensional standards in this subdivision shall
be in compliance with the applicable zoning regulations of the City of Meridian."
b. Note#5: Lots shall not be reduced in size without prior approval from the health
authority and the City of Meridian.
c. Note#8: Include the recorded instrument number of the CC&R's.
d. Remove Note#9
e. Add Note#10: "Lot 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 Nine Mile Creek Bungalows. The common drive shall have a paved surface
capable of supporting Ere vehicles and equipment."
f. Add Note#11: Direct lot access via Locust Grove Road is prohibited.
g. Depict the required PUDI easements for(each 5-feet along interior lot lines and 10-feet
along the perimeter and rear lot lines)
h. Add Note#12: Specify who is to own and maintain the northern common lot.
i. Modify the plat to readjust the 25-foot landscape buffer along the street frontage.
j. Graphically depict the Nile Mile Creek easement on the plat.
k. Adjust the lot lines to accommodate the carport on Lot 1,Block 1 to ensure compliance
with the rear setback requirements for the existing home.
1. Depict the Land Surveyor's signed seal on the plat.
3. Prior to signature on the plat,the landscape plan shall include the following revisions:
a. Mitigation shall be required for all existing trees four-inch caliper or greater that are
removed from the site with equal replacement of the total calipers lost on site up to an
amount of one hundred(100)percent replacement per UDC 11-3B-1OC.5
b. Revise the landscape plan to include a variety of shrubs along with the trees within the
landscape buffer along S. Locust Grove Road in accordance with UDC 11-313-7.
c. Install a weed barrier fabric beneath the rock mulch in accordance with UDC 11-313-3H.
d. Install fencing along the common lot adjacent to the Nile Mile Creek and remove any
prohibited fencing in accordance with UDC 11-3A-7.
4. Future development shall comply with the dimensional standards listed in UDC Table 11-2A-
5 for the R-4 zoning district and the common driveway standards listed in UDC 11-6C-3D.
Additionally,the Applicant shall submit a common drive exhibit that depicts setbacks,
Page 9
fencing,building envelope,and orientation of the lots and structures for the future homes,
including the existing home on Lot 1,Block 1 prior to City Engineer's signature on the plat
5. As a result of the non-conformity to the existing home due to the off-street parking
requirements in UDC 11-3C-6,the Applicant/Owner is required to apply for a Conditional
Use Permit for any future expansions on the property. Additionally,the existing carport
shall be retained and the Applicant shall install the required parking pad in accordance with
UDC 11-3C-6.
6. Once the plat records,the existing home may require a new address.
7. All existing structures that don't comply with the minimum dimensional standards listed in
UDC Table 11-2A-5 for the R-4 zoning district shall be removed prior to signature on the final
plat by the City Engineer.
8. The Applicant shall secure a license agreement with NMID for landscaping within the Nile
Mile Creek easement.
9. Staff s 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
https://weblink.meridianciV.orglWebLinkIDocView.aspx?id=330915&clbicl=0&repo=MeridianC
ity
C. Fire Department
https://weblink.meridianciU.oLglWebLinkIDocView.aspx?id=330945&dbid=0&repo=MeridianC
ity
D. Idaho Transportation Department(ITD)
https:11weblink.meridianciU.org/WebLink/DocView.aspx?id=331977&dbid=0&r0o=MeridianC
hty
E. Idaho Department Of Environmental Quality
https://weblink.meridianciU.orglWebLinkIDocView.aspx?id=331967&dbid=0&repo=MeridianC
Lty
F. Ada County Highway District(ACHD)
https://weblink.meridianciU.or lWebLinkIDocView.aspx?id=334303&dbid=0&repo=MeridianC
ky
VIII. REQUIRED FINDINGS FROM THE UNIFIED DEVELOPMENT CODE
In consideration of a short plat,the decision-making body shall make the following findings:
A. The plat is in conformance with the Comprehensive Plan and is consistent with the
Unified Development Code;
The Comprehensive Plan designates the future land use of this property as Medium Density
Residential and the current zoning district of the site is R-4. Staff finds the proposed short plat
complies with the short plat standards listed in UDC 11-6B-5.
B. Public services are available or can be made available and are adequate to accommodate
the proposed development;
Page 10
Staff 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;
Staff 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;
Staff 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
Staff finds the proposed development will not be detrimental to the public health, safety or
general welfare.
F. The development preserves significant natural,scenic or historic features.
Staff is not aware of any significant natural, scenic or historic features associated with short
platting the structure on this site.
Page 11