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HomeMy WebLinkAboutChicken Bucket Sub. SHP-2025-0001 Findings CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI AND DECISION& ORDER In the Matter of the Request for a Short plat to subdivide an existing parcel consisting of 1.15 acres of land,into two(2)commercial lots in the C-G zone,by Focus Engineering. Case No(s). SHP-2025-0001 For the City Council Hearing Date of: February 25',2025 (Findings on March I1 ",2025) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of February 25t'',2025, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of February 25t'', 2025, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 25', 2025, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of March 11',2025, 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 I 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 25t1i,2025, incorporated by reference. The conditions are concluded to FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Chicken Bucket Subdivision—SHP-2025-0001) - 1 - 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 February 25',2025, 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 11-6B-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 § 67-652 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 February 25", 2025. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Chicken Bucket Subdivision—SHP-2025-0001) -2- By action of the City Council at its regular meeting held on the day of, 2025. COUNCIL PRESIDENT LUKE CAVENERVOTED_______ COUNCIL VICE PRESIDENTLIZ STRADERVOTED_______ COUNCIL MEMBER DOUG TAYLORVOTED_______ COUNCIL MEMBERJOHN OVERTONVOTED_______ COUNCIL MEMBERANNE LITTLE ROBERTSVOTED_______ COUNCILMEMBER BRIAN WHITLOCKVOTED_______ MAYOR ROBERT SIMISONVOTED_______ (TIE BREAKER) By Luke Cavener, Council President Attest: _______________________________ Chris Johnson City Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By:___ Dated: FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FOR(Chicken Bucket SubdivisionSHP-2025-0001)-3- Exhibit A COMMUNITY DEVELOPMENT C��fEPIDIAN*,- DEPARTMENT REPORT I DA H O HEARING 2/25/2025 '� Legend DATE: Project Location ? 0 TO: Mayor&City Council ::: Area of Impact 1 Lam;. = City Limits FROM: Nick Napoli,Associate Planner Analysis 208-884-5533 ; nnapoli@meridiancity.org @ � APPLICANT: Jake Standerwick � SUBJECT: SHP-2025-0001 . Chicken Bucket Subdivision LOCATION: Located at 667 S.Main Street in a part of ri �t� Government lot 2, Section 18, T.3N., R.IE. �� �l aR I. PROJECT OVERVIEW A. Summary Short plat to subdivide an existing parcel consisting of 1.15 acres of land, into two (2) commercial lots in the C-G zone. B. Recommendation Staff: Approval with conditions. C. Decision Council: Approval FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Chicken Bucket Subdivision—SHP-2025-0001) -4- II. COMMUNITY METRICS Table 1: Land Use Description Details Map Ref. Existing Land Use(s) Commercial - Proposed Land Use(s) Commercial - Existing/Proposed Zoning C-G/C-G V.A.2 Future Land Use Designation Commercial V.A.3 Table 2: Process Facts Description Details Preapplication Meeting date Monday,September 9,2024 Table 3: Community Metrics Agency/Element Description/Issue Reference Ada County Highway District III.B • Comments Received Ycs • Commission Action Required No • Access Accessed via S.Main Street and S.Meridian Road. ITD Comments Received No Meridian Public Works Wastewater Distance to Mainline:Available at site;Impacts or Concerns:No Meridian Public Works Water Distance to Mainline:Available at site;Impacts or - Concerns:no See City/Agency Comments and Conditions Section for all department/agency comments received or see public record. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Chicken Bucket Subdivision—SHP-2025-0001) -5- III. STAFF ANALYSIS Comprehensive Plan and Unified Development Code (UDC) A. General Overview/History The proposed short plat aims to subdivide the 1.15-acre subject property, located within the C-G zone,into two(2)commercial lots. The property currently consists of two(2) commercial buildings constructed in the early 2000s,which are situated on a single lot. The purpose of the subdivision is to separate these existing buildings for ownership purposes,with no proposed changes to the current uses or tenants. Table 4: Project Overview Description Details History CZC-01-032 Acreage 1.15 acres Lots 2 Commercial Lots B. Site Development and Use Analysis 1. Existing Structures/Site Improvements (UDC 11-1): There is two(2) existing commercial buildings on the property that are proposed to remain. 2. Dimensional Standards (UDC 11-2): The two proposed properties meet the dimensional standards of the C-G zoning district, except for the required 35-foot landscape buffer along Meridian Road and Main Street. However, since this is an existing development with no proposed changes beyond the subdivision,an alternative compliance application is not required at this time. Future redevelopment will be subject to UDC 11-3B-2,which permits phased landscape improvements as cumulative expansions occur. The city will monitor any future redevelopment,including additions and new construction,to ensure compliance with these requirements. C. Design Standards Analysis 1. Landscaping (UDC 11-3B): i. Landscape buffers along streets A 35-foot wide street buffer is required adjacent to S.Main Street and S. Meridian Road, arterial streets and designated as entryway corridors. This buffer should be landscaped per the standards listed in UDC 11-313-7C. The existing site is nonconforming with this standard due to a mix of road widening projects and code changes since the original entitlement of the property.Due to the existing nature of the site and no proposed changes beyond the subdivision, staff recommends an alterative compliance application not be required until future redevelopment. UDC 11-3B-2 allows for phased landscape improvements as cumulative expansions occur. Staff will monitor these thresholds and ensure compliance with the UDC.Additionally, the maintenance of the landscaping along the frontage of each lot should state the responsible party for the maintenance of these improvements in accord with UDC 11-3B-7C2.a and 11-3B-13. ii. Tree preservation FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Chicken Bucket Subdivision—SHP-2025-0001) -6- A Tree Mitigation Plan should be submitted with the final plat signature application detailing all existing trees and methods of mitigation outlined by the City Arborist before any trees are to be removed as set forth in UDC 11-3B-1OC.5. No trees are proposed to be removed with this application. However, any future changes to the landscaping will require tree mitigation. 2. Parking (UDC 11-3C): i. Residential parking analysis Off-street parking is required to be provided in accord with the standards listed in UDC 11- 3C-5. One space per 250 square feet of gross floor area is required for each building. The southern building is roughly 3,900 square feet which requires 16 parking stalls. The applicant has subdivided the property to incorporate 17 parking stalls exceeding the requirement. The northern building is roughly 3,700 square feet which requires 16 parking stalls. The applicant has provided 48 parking stalls exceeding the requirement. Staff recommends plat note# 6 include a shared parking agreement between Lots I and 2, Block 1. Transportation Analysis 3. Access (Comp Plan, UDC 11-3A-3, UDC 11-3H-4): Access to this property is provided via S. Main Street and S. Meridian Road. The plat notes state there is a blanket cross-access easement between Lot 1 and Lot 2, Block I to allow for access to both sites on either drive aisle. Since this is a blanket easement, it is not depicted on the plat. D. Services Analysis 1. Pressurized Irrigation(UDC 11-3A-15): Underground pressurized irrigation water is required to be provided to each lot within the subdivision as set forth in UDC 11-3A-15. 2. Storm Drainage (UDC 11-3A-18): An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. 3. Utilities (Comp Plan, UDC 11-3A-21): Connection to City water and sewer services is required and are available to be extended by the developer with development in accord with UDC 11-3A-21 and Goals 3.03.03G& 3.03.03F.Urban sewer and water infrastructure and curb, gutter, and sidewalks are required to be provided with development of the subdivision. III. CITY/AGENCY COMMENTS & CONDITIONS A. Meridian Planning Division 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 and landscape plan prepared by Evan J. Wood, on 11/26/2024, included in Section VI.A, shall be revised as follows: FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Chicken Bucket Subdivision—SHP-2025-0001) -7- - Graphically depict the landscape buffer easements along S. Meridian Road and S. Main Street and reference the instrument number for the ACHD license agreement for the landscaping within the right of way in accordance with UDC 11-3B-7C.2a. - Include a note to reference the ownership and maintenance of the landscaping outside of the right of way for Lots 1 and 2, Block 1. - Modify note#3 to include Lot 2, Block 1 into the cross-access agreement (2024-074215) or amend the agreement to include Lot 2, Block 1. - Modify note#6 to include a blanket shared parking agreement between Lot 1 and Lot 2, Block 1. - Remove plat note#8. This would be better achieved outside of the plat as a separate deed restriction. - Add a plat note stating direct access to S. Meridian Road and S. Main Street is prohibited. - Add a plat note stating all lots are subject to private blanket easements for irrigation and drainage to the benefit of all lots. 3. Future development shall comply with the dimensional standards listed in UDC Table H- 2B-3 for the C-G zoning district. 4. 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. Ada County Highway District(ACHD) IV. FINDINGS A. Short Plat In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: I. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; The Comprehensive Plan designates the future land use of this property as Commercial, the current zoning district of the site is C-G. The City Council finds the proposed short plat complies with the short plat standards listed in UDC I1-6B-5. The proposed development does not comply with the dimensional standards of the C-G zoning district listed in UDC Table 11-2A-5 as the sites do not have the 35 foot landscape buffer required. Due to the existing nature of the development with no proposed changes beyond the subdivision, an alternative compliance application is not required at this time. Future redevelopment will be subject to UDC 11-3B-2, which permits phased landscape improvements as cumulative expansions occur. The city will monitor any future redevelopment, including additions and new construction, to ensure compliance with these requirements. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Chicken Bucket Subdivision—SHP-2025-0001) -8- 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services will be provided and are adequate to serve the proposed lots. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; The City Council finds all required utilities will be provided with lot development at the developer's expense. 4. There is public financial capability of supporting services for the proposed development; The City Council finds that the development will not require major expenditures for providing supporting services as services are already being provided in this area. 5. The development will not be detrimental to the public health, safety or general welfare; and The City Council finds the proposed development will not be detrimental to the public health, safety or general welfare. 6. The development preserves significant natural, scenic or historic features. The City Council is not aware of any significant natural, scenic or historic features associated with short platting the structure on this site. IV. ACTION 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. City Council: The Meridian City Council heard these items on February 25t'', 2025.At the public hearing.the Council moved to approve the subiect Short Plat request. 1. Summary of the City Council public hearing: a. In favor: Trenton Smith b. In opposition: None C. Commenting: None d. Written testimony: Jake Standerwick: Asking clarifying questions on staff conditions of approval. Staff has coordinated with the applicant and both are in agreement. e. Staff presenting application: Nick Napoli £ 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 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Chicken Bucket Subdivision—SHP-2025-0001) -9- V. EXHIBITS A. Project Area Maps (link to Project Overview) 1. Aerial Legend Project Location m , Area of Impact G Analysis �4 e !Rrim 91 k-, p.w I e I- V 5 \\ FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Chicken Bucket Subdivision—SHP-2025-0001) - 10- 2. Zoning Map Legend R-1 ml wn■■Ila , u1�■n 1 0 Project Area of Impact C- Irk■� • AnalysisRUT ■�111i Z •� �.. H I 2 n.nr un.n �I Inillln�_._..���i••p4i = .•..:nun.+ . fi.���i:is iiiiii•� �� I I�I�IfIIIE TIC••'••• llflll.- „■ I11 I1110� 84 � -- • OYERL--AND _ ......... ►i�4• I .. •nn•11•V ..nn•■nn ram.:. • ,1��`��j• �oiii=�nr qq Ili -•nnr i.n.• Q I ■_p fi■r 3. Future 1 Use un .�:.nl nm■■Ilullll r. unl nn!.n Legend ■�ium nm:nu Project Location Area of Impact ® • ■e nut- In . 0 Analysise nfial �lii:p!�`���I:�•::�r Iq Me -Highlil�lmmm=i Density /1l1111 •::4fb ���� -" r..i1f.��h y�i�•1.� ■,� Z 4nn■u■:- 84Residentia 61JOffice »..., RL-ANC. �" - . Density JL Residential FINDINGS OF • • OF • ORDER FOR 000 4. Planned Development Map Mdr'F� GMrrrrn Legend WE ®®® Project Location la 0 City Limits Planned Parcels ® ° Area of Impact ® Analysis ' L m _ ®� 9 �1 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Chicken Bucket Subdivision—SHP-2025-0001) - 12- B. Subject Site Photos E. law mum acre oua� - FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Chicken Bucket Subdivision—SHP-2025-0001) - 13- C. Service Accessibility Report Description Location In City Limits Extension Sewer Trunkshed mains < 500 ft.from parcel GREEN Floodplain Either not within the 100 yr floodplain ar > 2 acres GREEN Emergency Services Fire Response time < 5 min. GREEN Emergency Services Police Meets response time goals most of the time GREEN Pathways Within 1/4 mile of current pathways GREEN Transit Within 1/4 mile of future transit route YELLOW Arterial Road Buildout Status Ultimate configuration {#of lanes in master street= GREEN plan) matches existing (# of lanes) School Walking Proximity From 1/2 to 1 mile walking YELLOW Either a High School or College within 2 miles OR a School ❑rivability Middle or Elementary School within 1 mile driving GREEN (existing or future) Either a Regional Park within 1 mile OR a Common t_; ParkWalkability Parkwithin 1/2 mile OR Neighborhood Parkwithir GREEN 1/4 mile walking FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Chicken Bucket Subdivision—SHP-2025-0001) - 14- A Landscape Plan(date: 8/23/2024) C. Tr -AM �� -�� near ......••.....,....-.•..•.,•..d�.... o=. -- ^!Y Y W�� o ` WMALL 3 ®4 LAM0.[[:APD E FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Chicken Bucket Subdivision—SHP-2025-0001) - 15- E. Short Plat(date: 11/12/2024) LEGEND x FINAL PLAT --- ,s.� :M, CHICKEN BUCKET SUBDIVISION A rARTOP COVERNMENT LOT 2,9WnON IS, , TOWIYSIRP 3 NORTFl,RANCE 1 EAST MME MERIDIAN, ••. MERIDIAN,ADA COUNff,IDAHO .aw].RM1rM ro.,u tfry nuamq I ver�u• GRAPMe SCALE I r_ _ r. - ■ I r � nn'A4Put ruxinikuI, 11 c xr ie ni..n.i ix nnn.i,unr •„•,�•• I I BLOCY.1 / f! � u.�..,��w:wr.�c„xv..hrAr nit �� --1— .nw.rn n•nxnrruM n�m raxsuvfr I ryl Ste £ SURVEYOR'S NARRATIVE LOT21 DETAIL OF SECTIONCOrrRO- mcuse ��•�� •••a« l OF 3 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Chicken Bucket Subdivision—SHP-2025-0001) - 16-