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Home My WebLink AboutFFCL - Ruger Gardens SHP (H-2022-0006) V1(E IDI� IAN,<- APPROVED CITY OF MERIDIAN aaTL 05/11/22 NGS OF FACT, CONCLUSIONS OF LAW E Nty FNENIMBEJLSHP-2022a os AND DECISION & ORDER In the Matter of the Request to Short Plat Lot 7 of the Knighthill Center Subdivision No. 2 into two (2) commercial building lots, by KM Engineering, LLP. Case No(s). SHP-2022-0006 For the City Council Hearing Date of: April 26, 2022 (Findings on May 10, 2022) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 26, 2022, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 26, 2022, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 26, 2022, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 26, 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 I 1 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 parry requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of April 26, 2022, incorporated by reference. The conditions are concluded to be FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FOR (Ruger Gardens SHP — FILE #SHP-2022-0006) - 1 - (E IDI� IAN,<- APPROVED asonable and the applicant shall meet such requirements as a condition of approval of the DATL 05/1 v22 plication. FU NIMBER. SHP-2022-0W6 ion 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 April 26, 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 11-6B-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 11-613-713). 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 1I- 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 11-513-6.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 I I (UDC 11-5B-6F). FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FOR (Ruger Gardens SHP — FILE #SHP-2022-0006) -2- (E IDI� IAN,a- APPROVED DATE: 05/11/22 FNE NIMBER: SHP-2022-0W6 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 § 67-652 1 (1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-652 1 (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 §§ 67-652 1 (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 April 26, 2022. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FOR (Ruger Gardens SHP — FILE #SHP-2022-0006) - 3 - �E Q__, APPROVED DAM 05" 1122 FU NOR. s"P'1112 wl of the City Council at its regular meeting held on the CTNCIL PRESIDENT BRAD HOAGLUN COUNCIL VICE PRESIDENT JOE BORTON COUNCIL MEMBER JESSICA PERREAULT COUNCIL MEMBER LUKE CAVENER COUNCIL MEMBER TREG BERNT COUNCIL MEMBER LIZ STRADER MAYOR ROBERT SIMISON (TIE BREAKER) Mayor Robert Simison Attest: Chris Johnson City Clerk day of , VOTED VOTED VOTED VOTED VOTED VOTED VOTED Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: City Clerk's Office Dated: FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FOR (Ruger Gardens SHP — FILE #SHP-2022-0006) - 4 -