HomeMy WebLinkAboutZ - FFCL for 7-28 CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAWC��(IEFI
AND DECISION& ORDER
In the Matter of the Request for Short Plat Consisting of a Re-subdivision of 0.98 Acre of Land(i.e.
Lot 2,Block 1,Northpointe Commercial Subdivision)into Two (2)Building Lots in the C-G Zoning
District for Treviso Subdivision,by McCarter-Moorehouse.
Case No(s). SHP-2026-0006
For the City Council Hearing Date of: July 14,2026 (Findings on July 28,2026)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of July 14, 2026, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of July 14,2026, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of July 14,2026,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of July 14,2026, 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.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR TREVISO SUBDIVISION SHP-2026-0006 - 1 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of July 14,2026, 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 short plat is hereby approved per the conditions of approval in the
Staff Report for the hearing date of July 14, 2026, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Short Plat Duration
Please take notice that approval of a 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 short plat(UDC 11-613-7A).
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 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 11-613-7C).
E. Judicial Review
Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho
Code § 67-6521(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 §§ 67-652 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 July 14,2026
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR TREVISO SUBDIVISION SHP-2026-0006 -2-
By action of the City Council at its regular meeting held on the day of ,
2026.
COUNCIL PRESIDENT JOHN OVERTON VOTED
COUNCIL VICE PRESIDENT ANNE LITTLE ROBERTS VOTED
COUNCIL MEMBER DOUG TAYLOR VOTED
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER LIZ STRADER VOTED
COUNCIL MEMBER BRIAN WHITLOCK VOTED
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. 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 TREVISO SUBDIVISION SHP-2026-0006 -3-
EXHIBIT A
COMMUNITY DEVELOPMENT (:�WEPIty
DEPARTMENT REPORT
HEARING 7/14/2026
DATE: 1892 1874 1856 1848 1840 1824 1792 1770 1748 1726 17"1682 1660 1638
W APGAR CREEK 0A
TO: Mayor& City Council M@
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FROM: Sonya Allen,Associate Planner 920 49 Y
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208-884-5533 w 1798 4995
898 4885 = 4 6
sallen@meridiancity.org 876 4863 4
4852
APPLICANT: Travis Butterfield,McCarter- 1750 1720 4853
Moorhouse 95 1873 1851 1843 1835
SUBJECT: SHP-2026-0006 }
Treviso Subdivision U 1711 Lk�4740 4
LOCATION: 1788 W.McMillan Rd.,in the southeast
1/4 of Section 26,TAN.,R.1W. (Lot 2,
Block 1,Northpointe Commercial
Subdivision)
I. PROJECT OVERVIEW
A. Summary
Short plat consisting of a re-subdivision of 0.98 acre of land(i.e. Lot 2,Block 1 of Northpointe
Commercial Subdivision)into two(2)building lots in the C-G zoning district.
B. Issues/Waivers
The Applicant requests City Council approval of a reduced buffer width from 25' to 15' to
residential uses along the west boundary and 8' along the north property line west of the access
road(S. Abruzzo Way)to allow maneuverability around the tight s-turn into the site [see Section
III.D.2(ii)below for more information].
C. Recommendation
Staff recommend approval of the proposed short plat per the provisions in Section IV in accord
with the Findings in Section V.
D. Decision
Approved
II. COMMUNITY METRICS
Table 1: Land Use
Description Details Map Ref.
Existing Land Use(s) Vacant undeveloped land t -
Proposed Land Use(s) Office -
Existing Zoning C-G(General Retail&Service Commercial) VII.A.2
Adopted FLUM Designation Commercial VII.A.3
City of Meridian I Department Report I. Project Overview
III. STAFF ANALYSIS
Comprehensive Plan and Unified Development Code(UDC)
A. History
This property was annexed(AZ-03-013) in 2003 with the requirement of a development
agreement(DA) (Inst. #103181095). A preliminary plat(PP-03-014)and a conditional use
permit/planned unit development(CUP/PUD) (CUP-03-028)was also approved for Kelly Creek
Subdivision.
A final plat(FP-07-035)was approved in 2007—this property is included in the final plat as Lot
2,Block 1,Northpointe Commercial Subdivision. An amendment to the DA was approved in
2014 (MDA-14-005 -Inst. #114036592 Northpointe Commercial).
The conceptual development plan approved with the CUP/PUD depicts a 14,100 square foot(s.f.)
building on this lot.
B. General Overview
The subject property is designated Commercial on the Future Land Use Map (FLUM)included in
the Comprehensive Plan.
The purpose of the Commercial designation is to provide a full range of commercial uses to serve
area residents and visitors.Desired uses may include retail,restaurants,personal and professional
services, and office uses,as well as appropriate public and quasi-public uses.
The proposed short plat will subdivide the existing 0.98-acre property into two (2)building lots
for the development of two(2) commercial office buildings. The first building is proposed to be
2,550 s.f. and the second building is proposed to be 3,300 s.f.
Table 2:Proiect Overview
Description Details
History AZ-03-013 (DA Inst.#103181095);PP-03-014;CUP-03-028(CUP/PUD);
FP-07-035;MDA-14-005 (DA amendment Inst.#114036592)
Acreage 0.98-acres
Lots 2 building lots
C. Site Development and Use Analysis
1. Existing Structures/Site Improvements (UDC 11-1):
There are no existing structures on this property. A drive(S. Abruzzo Way)exists to this site
and a drive extends along the west and south boundaries and along the south boundary that
provides access to the properties to the south. A 15' wide landscape buffer exists along the
west boundary of the site to buffer the residential uses to the west from the future commercial
uses on this site.Note: The drive is located on Lot 35, Block 24, Fulfer Subdivision No. 6 and
is a private drive to provide ingress/egress to the subject property. This lot is owned and
maintained by the Fulfer Subdivision No. 6 homeowner's association.
2. Proposed Use Analysis (UDC 11-2):
Professional services (i.e. Office)is listed in UDC Table 11-213-2 as a principal permitted use
in the C-G zoning district.
A conceptual site plan is shown on the landscape plan,included below in Section VII.B. The
site plan depicts two (2)buildings totaling 5,835 s.f. Because the total square footage is lower
(less intensive)than the 14,100 s.f. originally proposed with the CUP/PUD, Staff doesn't
recommend a modification to the previously approved development plan.
City of Meridian I Department Report III. Staff Analysis
3. Dimensional Standards (UDC 11-2):
The proposed plat and subsequent development is required to comply with the dimensional
standards listed in UDC Table 11-213-3 for the C-G district.
D. Design Standards Analysis
1. Structure and Site Design Standards (Comp Plan, UDC 11-3A-19):
Future development is required to comply with the structure and site design standards listed
in UDC I I-3A-19 and the design standards in the Architectural Standards Manual.
2. Landscaping (UDC 11-3B):
i. Landscape buffers along streets
There are no streets that abut this site; therefore,no street buffers are required.
ii. Landscape buffer to adjoining residential uses
There is an existing 15' wide landscape buffer along the west boundary of the site to
existing residential uses. A 25' wide buffer is required by UDC Table 11-213-3 adjacent
to residential uses in the C-G district. Residential uses exist along the north and west
boundaries of this site.
The Applicant requests approval of a reduced buffer width of 15' to residential uses
along the west boundary and 8' along the north property line west of the access road
(S.Abruzzo Way)to allow maneuverability around the tight s-turn.The proposed
structure will be 76' away from the west property line providing a large separation
between it and the back fence of the residential lots.
The reason for the request is that due to the configuration of this lot and the s-turn access
road that runs through it,they are unable to meet the minimum 25' wide buffer
requirement in those areas.Additionally,there is an 8"sewer main that runs along the 25'
mark which would put a curb over the sewer main.
The UDC(I 1-3B-9C.2) states the width of the buffer is determined by the district in
which the property is located,unless such width is otherwise modified by City Council at
a public hearing with notice to surrounding property owners. A reduction to the buffer
width shall not affect building setbacks; all structures shall be set back from the property
line a minimum of the buffer width required in the applicable zoning district.
As a provision of granting a reduced buffer width if determined appropriate by City
Council, Staff recommends additional landscaping is provided in the buffer if
necessary to result in a barrier that allows trees to touch within 5 years of planting
in accord with UDC 11-3B-9C.1b.The landscape plan submitted with the Certificate
of Zoning Compliance application(A-2026-0061) should be revised to reflect
compliance with this requirement.
A 25' wide landscape buffer should be provided along the north boundary east of
the access road and landscaped in accord with the standards listed in UDC 11-3B-
9C. The landscape plan submitted with the Certificate of Zoning Compliance
application should be revised to depict landscaping consistent with this standard.
iii. Landscaping along pathways
No pathways are proposed or required on this site; therefore,no landscaping is required.
iv. Storm integration
Per UDC 11-3B-11,the applicant shall meet the intent to improve water quality and
provide a natural, effective form of flood and water pollution control through the
integration of vegetated,well designed stormwater filtration swales and other green
City of Meridian I Department Report III. Staff Analysis
stormwater facilities into required landscape areas,where topography and hydrologic
features allow if part of the development.
Note: Landscaping within buffers to residential uses and parking lots will be reviewed
for consistency with UDC standards with the Certificate of Zoning Compliance
application as landscaping within those areas is not required to be installed with the
subdivision improvements.
E. Transportation Analysis
Per the ACHD report,there are no improvements required to the adjacent streets. The proposed
preliminary plat is approved without conditions,as this site is taking access from a private drive
constructed with Fulfur Subdivision, located directly adjacent to the north.
1. Access (Comp Plan 6.01.02C, UDC 11-3A-3, UDC 11-3H-4):
Access is proposed via a private drive (S. Abruzzo Way)at the north boundary across Lot 35,
Block 24,Fulfer Subdivision No. 6,which provides access to the site via W. Apgar Creek Dr.
A cross-access/ingress/egress easement is noted on the Northpointe Commercial Subdivision
plat for all lots in the subdivision.
A cross-access easement is graphically depicted on the proposed plat along the west and
south boundary of Lots 1 and 2,Block 1 for access between the proposed lots and those to the
south and east. A note should be included on the plat stating a cross-access/ingress-egress
easement is provided to the property to the east at 4895 N.Linder Rd. and to the south
at 1750 W.McMillan Rd.
2. Multiuse Pathways (UDC 11-3A-5):
There are no multi-use pathways depicted on the Pathways Master Plan across this site.No
pathways are proposed or required with development.
3. Sidewalks (UDC 11-3A-17):
A 5' wide attached sidewalk exists along both sides of the private drive to this site from W.
Apgar Creek Dr.No sidewalks are required with the proposed subdivision improvements.
F. Services Analysis
1. Waterways (UDC 11-3A-6)
There are no knows waterways that cross this site.
2. Pressurized Irrigation(UDC 11-3A-15):
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
utilized,the developer will be responsible for the payment of assessments for the common
areas prior to prior to receiving development plan approval.
3. Storm Drainage (UDC 11-3A-18):
An adequate drainage system is required in all developments by the City's adopted standards,
specifications, and ordinances. Design and construction shall follow best management
practices as adopted by the City as outlined in UDC 11-3A-18.
City of Meridian I Department Report III. Staff Analysis
4. Utilities (Comp Plan 3.03.03G, UDC 11-3A-21):
Ensure development is connected to City of Meridian water and sanitary sewer systems and
the extension to and through said developments are constructed in conformance with the City
of Meridian Water and Sewer System Master Plans in effect at the time of development.
Water main,fire hydrant and water service require a twenty-foot(20)wide easement that
extends ten(10)feet past the end of main,hydrant, or water meter.No permanent structures,
including trees are allowed inside the easement.
Comprehensive Plan policy 3.03.03G requires urban infrastructure be provided for all new
developments,including curb and gutter, sidewalks,water and sewer utilities(as applicable).
IV. CITY/AGENCY COMMENTS & CONDITIONS
A. Meridian Planning Division
1. Future development shall be consistent with the minimum dimensional standards listed in UDC
Tables I I-2B-3 for the C-G zoning district.
2. The plat submitted for City Engineer signature shall include the following revisions:
a. A note shall be included on the plat stating a cross-access/ingress-egress easement is provided
to the property to the east at 4895 N. Linder Rd. and to the south at 1750 W. McMillan Rd.
3. The landscape plan:s approved as s„bmittoa shall be revised to include additional trees alone the
west and north property boundaries adjacent to existing residential uses that result in a barrier that
allows trees to touch five(5)years after planting.
4. A reduced buffer width of 15' is allowed adjacent to residential uses along the west boundary of
Lot 1,Block I and a reduced buffer width of 8' is allowed adjacent to residential uses along the
north boundary of Lot 1,Block 1,west of the access drive(S. Abruzzo Way), if approved by Gi
mil. The full 25' wide buffer shall be provided adjacent to residential uses along the north
boundary of Lots I and 2, east of the entry drive. The landscape plan submitted with the
Certificate of Zoning Compliance application shall be revised to reflect compliance with City
Council's action and the standards listed in UDC 11-313-9C. The required buffer areas shall result
in a barrier that allows trees to touch five(5)years after planting.
5. Approval of the 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 short plat, as set
forth in UDC 11-613-7A. Upon written request prior to the expiration of the final plat,the
Applicant may request an extension of time to obtain the City Engineer's signature on the final
plat as set forth in UDC 11-613-7C.
B. Meridian Public Works
Water and sewer is available at the site.
https:llweblink.meridianciV.oEgzl ebLinkIDocView.aspx?id=447155&dbid=0&repo=MeridianC
hty
C. Meridian Fire Department
https:llweblink.meridianciV.orglWebLinkIDocView.aspx?id=447159&dbid=0&repo=MeridianC
ky
City of Meridian I Department Report IV. City/Agency Comments &Conditions
D. Idaho Department of Environmental Quality(DEQ)
https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=448973&dbid=0&repo=MeridianC
fty
E. Ada County Highway District(ACHD)
https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=447161&dbid=0&repo=MeridianC
fty
V. FINDINGS
A. Short Plat(UDC-6B-6)
In consideration of a preliminary plat,combined preliminary and final plat, or short plat,the
decision-making body shall make the following findings:
1. The plat is in conformance with the comprehensive plan and is consistent with this unified
development code;
The City Council finds the proposed plat is generally in conformance with the UDC with the
conditions noted in Section IV and with the guidelines in the Comprehensive Plan.
2. Public services are available or can be made available and are adequate to accommodate the
proposed development;
The City Council finds public water and sewer services are available to the subject property
and will be adequate to accommodate the proposed development.
3. The plat is in conformance with scheduled public improvements in accord with the city's
capital improvement program;
The City Council finds the plat is in conformance with scheduled public improvements for
this area in accord with the City's CIP.
4. There is public financial capability of supporting services for the proposed development;
The City Council finds there is public financial capability of supporting services for the
proposed development.
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 unaware of any significant natural, scenic or historic features that need
to be preserved with this development.
VI. ACTION
A. Staff:
Staff recommend approval of the proposed short plat per the provisions in Section IV in accord
with the Findings in Section V.
B. City Council:
The Meridian City Council heard these items on July 14,2026. At the public hearing.the Council
moved to approve the subject SHP request.
1. Summary of the City Council public hearing:
a. In favor: Travis Butterfield,Moorehouse Commercial(Applicant's Representative)
b. In opposition:None
City of Meridian I Department Report V. Findings
C. Commenting:None
d. Written testimony: Travis Butterfield,Moorehouse Commercial(Applicant's
Representative)
C. Staff presenting application: Sonya Allen
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. None
4. City Council change(s)to Staff's recommendation:
a. The Council approved the Applicant's request for a reduced buffer width with additional
landscaping as recommended by Staff.
City of Meridian I Department Report 0.
VII. EXHIBITS
A. Short Plat(date: 4/16/2026)
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B. Landscape Plan(dated: 4/21/2026)
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City of Meridian Department Report VII. Exhibits