HomeMy WebLinkAboutMinert Plaza SHPCITY OF MERIDIAN ~~E IDIAN~--
FINDINGS OF FACT, CONCLUSIONS OF LAW I D A H O
AND
DECISION & ORDER
In the Matter of Short Plat approval of three (3) lots in an existing C-G zone, for Minert
Plaza Subdivision, by Specialty Construction, LLC
Case No(s). SHP-07-006
City Council Hearing Date: October 16, 2007
Findings for the City Council Regular Meeting of: November 7, 2007
A. Findings of Fact
l . Hearing Facts:
The Meridian City Council heard this item on October 16, 2007. At the public hearing they
approved the subject short plat application.
a. Summary of City Council Public Hearing:
i. In favor: David Bailey (Applicant's Representative)
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Anna Canning
vi. Other Staff commenting on application: None
b. Key Issues of Discussion by Council
i. Cross-access to property to south
c. Key Council Changes to Commission Recommendation:
i. None
2. Process Facts:
a. The subject application will, in fact, constitute a short plat, as determined by City
Ordinance. By reason of the provisions of the Meridian City Code Titie 11, a public
hearing is required before the City Council on this matter.
b. Newspaper notifications published on:
September 24, 2007, & October 8, 2007 (City Council)
c. Public Service Announcements made on:
September 24, 2007, & October 8, 2007 (City Council)
d. Radius notices mailed to properties within 300 feet on:
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER
CASE NO(S). SHP-07-006
September 21, 2007 (City Council)
3. Application and Property Facts (see attached Staff Report for the hearing date of October
16, 2007, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of October 16, 2007, 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.
The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11-SA.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
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 Legal Description, Plat, and the Conditions of
Approval all in the attached Staff Report for the hearing date of October 16, 2007,
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-SA and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The Applicant's Short Plat, as evidenced by having submitted the Plat, dated August
22, 2007, is hereby conditionally approved;
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER
CASE NO(S). SHP-07-006
2. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of October 16, 2007, incorporated by reference.
D. Notice of Applicable Time Limits
1. 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 record a final plat
within two (2) years of the approval of the preliminary plat or one (1) year of the
combined preliminary and final plat or short plat. 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 eighteen (18) months, maybe considered for final approval
without resubmission for preliminary plat approval. 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 record the final plat not to exceed eighteen
(18) months. Additional time extensions up to eighteen (18) months 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.
E. Notice of Final Action and Right to Regulatory Takings Analysis
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit entitles the Owner to request a regulatory taking analysis. Such
request must be in writing, and must be filed with the City Clerk not more than twenty-
eight (28) days after the final decision concerning the matter at issue. A request for a
regulatory takings analysis will toll the time period within which a Petition for Judicial
Review maybe filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian. Pursuant to Idaho Code § 67-6521, an affected person being a person who has
an interest in real property which maybe adversely affected by the issuance or denial of a
conditional use permit approval may within twenty-eight (28) days after the date of this
decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F. Attached: Staff Report for the hearing date of October 16, 2007
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER
CASE NO(S). SHP-07-006
By action of the City Council at its regular meeting held on the
2007.
COUNCIL MEMBER DAVID ZAREMBA VOTED
COUNCIL MEMBER JOE BORTON VOTED
COUNCIL MEMBER CHARLIE ROUNTREE VOTED
COUNCIL MEMBER KEITH BIRD VOTED
TIE BREAKER
MAYOR TAMMY de WEERD VOTED
ATTEST:
WILLIAM G. BERG, JR., CITY CLERK
Copy served upon:
By:
City Clerk's Office
MAYOR TAMMY de WEERD
Applicant
Planning Department
Public Works Department
City Attorney
Dated:
day of
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER
CASE NO(S). SHP-07-006
CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS COUNCIL
REPORT
COUNCIL REPORT: E IDIAN~
TO: Anna Canning, Planning Director I D A H O
FROM: Jenny Veatch, Assistant City Planner
208-884-5533
Scott Steckline, Development Services Coordinator
208-898-5500
DATE: October 16, 2007
SUBJECT: Minert Plaza Subdivision Short Plat
Request for Approval of Minert Plaza Subdivision Short Plat Consisting of 3 Building
Lots on 0.98 Acres in a C-G Zone by Specialty Construction, LLC (File# SHP-07-006)
We have reviewed this submittal and offer the following conditions of the applicant.
APPLICATION SUMMARY & LOCATION
The applicant, Specialty Construction, LLC, has applied for short plat approval of 3 commercial building
lots on 0.98 acres in a C-G zone for Minert Plaza Subdivision.
Minert Plaza Subdivision is located at 623 E. Shiller Lane on the west side of S. Statford Drive, just south
of east Franklin Road in the NW '/o of Section 18, T.3N., R.lE. This property was previously platted as
Lot 10, Block 2 of Honor Park Subdivision No. 3.
The subject property meets all of the applicability requirements as stated in UDC 11-6B-SA and is
eligible to be processed as a short plat.
Council recommends approval of Minert Plaza Subdivision Short Plat with the comments and conditions
stated in this report.
REQUIRED FINDINGS FROM UDC 11-6B-6
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;
The Comprehensive Plan designates the future land use of this property as commercial. The
current zoning district of the proposed subdivision is C-G (General Retail and Service
Commercial). The proposed subdivision plat complies with the Comprehensive Plan.
B. Public services are available or can be made available and are adequate to accommodate
the proposed development;
Council finds that public services are available to accommodate the proposed development.
Water and sewer services are proposed to be extended into each lot from adjacent streets. Fire,
police, solid waste and irrigation services are all adequate. The adjacent public roadways have
been completed to the required design and approach standards.
SHP-07-006 Minert Plaza Subdivision SHP.doc PAGE 1
CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS COUNCIL
REPORT
C. The plat is in conformance with scheduled public improvements in accord with the City's
capital improvements program;
Council finds that the subdivision will not require the expenditure of capital improvement funds.
All sewer and water extension for this area were planned to be developer driven. All required
utilities are either in place or will be put in as a requirement of the developer.
D. There is public financial capability of supporting services for the proposed development;
Council finds that the development will not require major expenditures for providing supporting
services. The developer and/or future lot owners will finance the extension of sewer, water,
utilities and pressurized irrigation to serve the project.
E. The development will not be detrimental to the public health, safety or general welfare; and
Council recognizes the fact that traffic and noise may increase with the approval of this
subdivision; however, Council does not believe that any additional amount generated will be
detrimental to the general welfare of the public in the surrounding area. Council fmds that the
development of this site will not involve uses that will create nuisances that would be detrimental
to the public health, safety or general welfare.
F. The development preserves significant natural, scenic or historic features.
Council is not aware of any significant natural, scenic or historic features associated with the
development of this site that the Director and City Engineer should be aware of.
PLANNING & PUBLIC WORKS DEPARTMENTS -SITE SPECIFIC CONDITIONS
Applicant is to meet all terms of the approved preliminary and final plat for Honor Park
Subdivision Number 3.
2. This Short Plat shall become null and void if not recorded within one year of the approval date of
the Short Plat.
3. Revise or add the following plat notes on the face of the plat prepared by Bailey Engineering,
Inc., and dated 08/22/07:
7.) Revise to include instrument number.
4. For all private roadways, driveways, and as each lot develops a drainage plan designed by a State
of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer
(Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be
designed in accordance with Department of Environmental Quality 1997 publication Catalog of
Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian
standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction
which has authority over the receiving stream provides written authorization prior to development
plan approval. The applicant is responsible for filing all necessary applications with the Idaho
Department of Water Resources regarding Shallow Injection Wells.
The landscape plan, prepared by Bailey Engineering, Inc. and dated August 16, 2007 is approved
with the following changes:
SHP-07-006 Minert Plaza Subdivision SHP.doc PAGE 2
CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS COUNCIL
REPORT
a.) Revise to include calculations table.
b.) Revise to include 1 tree in each landscape planter in front of the buildings on Lots 1 and
2, Block 1 (UDC 11-3B-SC.1 d).
c.) Revise to include ground cover in the required street landscape buffer along E. Schiller
Lane and S. Stratford Drive, and the entire parking lot perimeter landscape buffer.
Shrubs, plants or grass must cover at least 70% of required planting area at maturity
(UDC 11-3B-SH).
6. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (LJDC 11-3B-6-D). 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, asingle-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
signature on the final plat by the City Engineer.
7. Applicant is required to have two water connections due to fire flow requirements in S Stratford
Drive and E Schiller Lane with a future connection line stubbed to the south. The applicant shall
install mains to and through this subdivision; applicant shall coordinate main size and routing
with the Public Works Department, and execute standard forms of easements for any mains that
are required to provide service. Minimum cover over sewer mains is three feet, if cover from top
of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of
City of Meridian Public Works Departments Standard Specifications.
Council's failure to cite specific ordinance provisions of the Unified Development Code does not relieve
the applicant of responsibility for compliance.
GENERAL CONDITIONS
Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to signature on the final plat.
2. Applicant shall be responsible for application and compliance with any Section 404 Permitting
that maybe required by the Army Corps of Engineers.
Applicant shall be responsible for application and compliance with and NPDES Permitting that
may be required by the Environmental Protection Agency.
4. All development features shall comply with the Americans with Disabilities Act and the Fair
Housing Act.
FIRE DEPARTMENT COMMENTS
All aspects of the building systems (including exiting systems), processes & storage practices shall
be required to comply with the International Fire Code.
COUNCIL RECOMMENDATION
COUNCIL recommends approval of the short plat for Minert Plaza Subdivision Short Plat (SHP-
07-005) with the above stated conditions.
SHP-07-006 Minert Plaza Subdivision SHP.doc PAGE 3
CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS COUNCIL
REPORT
Exhibits
1. Submitted Short Plat
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EXillblt 1
CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS COUNCIL
REPORT
Exhibit 1