Z - Findings - UnsignedCITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2018-0010
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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND
DECISION & ORDER
In the Matter of the to vacate a City of Meridian water and sanitary sewer easement
located on Lot 5, Block 1 of Gramercy Subdivision No. 1, by Kent Brown.
Case No(s). H-2018-0010
For the City Council Hearing Date of: March 6, 2018 (Findings on the March 20, 2018 City
Council agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of March 6, 2018,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of March 6, 2018,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of March
6, 2018, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of March 6, 2018, 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 at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has, by ordinance, established the Impact Area and the Amended
Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2018-0010
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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 Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the attached Staff Report for the hearing date of March 6,
2018, incorporated by reference.
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 to be vacate thirty-nine (39) buildable lots and two (2) common
lots and associated public utility and common drive easements recorded with Jayker
Subdivision No. 1 is hereby approved as evidenced in the attached staff report dated
March 6, 2018.
D. Attached: Staff Report for the hearing date of March 6, 2018.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2018-0010
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By action of the City Council at its regular meeting held on the ___________ day of ________________,
2018.
COUNCIL PRESIDENT JOE BORTON VOTED_______
COUNCIL VICE PRESIDENT LUKE CAVENER VOTED_______
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED_______
COUNCIL MEMBER TY PALMER VOTED_______
COUNCIL MEMBER TREG BERNT VOTED_______
COUNCIL MEMBER GENESIS MILAM VOTED_______
MAYOR TAMMY de WEERD VOTED_______
(TIE BREAKER)
Mayor Tammy de Weerd
Attest:
_______________________________
C.Jay Coles
City Clerk
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By:__________________________________ Dated:________________________
City Clerk’s Office
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STAFF REPORT
Hearing Date: February 27, 2018
TO: Mayor and City Council
FROM: Josh Beach, Associate Planner
(208) 884-5533
SUBJECT: H-2018-0010 – Gramercy (Lot 5, Block 1)Vacation
1. APPLICATION SUMMARY
The applicant is requesting approval to vacate a City of Meridian water and sanitary sewer easement
located on Lot 5, Block 1 of Gramercy Subdivision No. 1.
2. STAFF RECOMMENDATION
Staff recommends approval of the subject vacation application.
The Meridian City Council heard this item on June 7, 2011. At the public hearing, the Council
approved the subject VAC request.
a. Summary of City Council Public Hearing:
i. In favor: Kent Brown
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Josh Beach
vi. Other staff commenting on application: None
b. Key Issues of Discussion by Council:
i. None
c. Key Council Changes to Staff Recommendation
i. None
3. PROPOSED MOTION
Approval
After considering all staff, applicant, and public testimony, I move to approve File Number H-2018-
0010, as presented in the staff report for the hearing date on , 2018.
Denial
After considering all staff, applicant, and public testimony, I move to deny File Number H-2018-
0010, as presented during the hearing on March 6, 2018, for the following reasons: (You should state
specific reasons for denial.)
Continuance
After considering all staff, applicant, and public testimony, I move to continue File Number H-2018-
0010 to the hearing date of (insert continued hearing date here) for the following reason(s): (you
should state specific reason(s) for continuance)
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4. APPLICATION AND PROPERTY FACTS
A. Site Address/Location: The site is located at 1715 S. Wells Avenue, in the NE ¼ of Section 20,
Township 3N., Range 1E.
B. Applicant:
Kent Brown
3161 E. Springwood Drive
Meridian, Idaho 83642
C. Owner:
R&A Nielson Properties, LLC
2330 Gala St. STE 400
Meridian, ID 83642
D. Applicant's Statement/Justification: Please see applicant’s narrative for this information and the
application file for the applicable relinquishment approvals.
5. PROCESS FACTS
The subject application is a request to vacate a platted easement created with Gramercy Subdivision
No. 1. Per Meridian City Code Title 11, Chapter 5, the City Council is the decision making body on
this matter. The UDC does not require the site to be posted with a public hearing notice sign.
A. Newspaper notifications published on: February 9, 2018
B. Radius notices mailed to properties within 300 feet on: February 2, 2018
6. LAND USE
A. Existing Land Use(s): This property is a commercial lot, zoned C-G.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: The surrounding area is
primarily developed with commercial businesses, zoned C-G.
C. History of Previous Actions:
The property was annexed and zoned as Kenai Subdivision (AZ-06-021), granted preliminary
plat as Kenai Subdivision (PP-06-019) and granted final plat as Gramercy Subdivision No.1
(FP-06-048).
In 2017, the property received CZC for Eye Site (A-2017-0108)) approval to construct a
4,577 square foot building on the lot.
7. STAFF ANALYSIS
The applicant is requesting approval to vacate a City of Meridian water and sanitary sewer easement
located on Lot 5, Block 1 of Gramercy Subdivision No. 1. As noted above, there is a building under
construction on the site. With the Certificate of Zoning Compliance, staff required the applicant to
vacate the easement.
The applicant has received approval from public works department to vacate the easement in
question, and abandon the existing utility stubs per Meridian Public Works Standards. Therefore staff
recommends approval to vacate easement as proposed.
8. EXHIBITS
A. Drawings
1. Vicinity Map
2. Recorded Plat
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3. Approved Site Plan
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A. Drawings
1. Vicinity Map
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2. Recorded Plat
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Gramercy (Lot 5, Block 1) Vacation – H-2018-0010 - 7 -
3. Approved Site Plan