HomeMy WebLinkAboutBonito Lot 15 Condominiums SHP-07-007In the Matter of Short Plat approval of three (3} condominium units within one (1} building
in an existing C-G zone, for Bonito Lot 15 Condominiums, by Dave Evans Construction,
Case No(s}. SHP-07-007
City Council Hearing~~~bate: November 7, 2007
Findings for the City Council Regular Meeting of: November 20, 2007
A. Findings of Fact
1. Hearing Facts: ~~
The Meridian City Council heard this item on November 7, 2007. At the public hearing they
approved the subject short plat application.
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a. Summary of City Council Public Hearing:
i. In favor: None
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11. In opposition: None
111. Commenting: None
iv. Written testimony: Jay Hovde (Applicant's Representative}
v. Staff presenting application: Anna Canning
vi. ether Staff commenting on application: None
b. Key Issues of Discussion by Council:
i. None
c. Key Council Changes to Commission Recommendation:
1. None
2. Application and Property Facts (see attached Staff Report for the hearing date of
November 7, 2007, incorporated by reference}
3. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of November 7, 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}.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER
CASE NOBS}, SHP-07-a07
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. 02-3 82 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 comments} 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 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 November 7, 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 Drder
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 Short Plat, as evidenced by having submitted the Plat, dated nctober 2,
2007, is hereby conditionally approved;
2. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of November 7, 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
CITY OF ME I FINDINGS 4F FACT, CCLUSIQNS F LAW, DECISION Q E
CASE NOBS). SP-07-007
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conforms substantially to the approved preliminary plat, such segments, if submitted
within successive intervals of eighteen ~1$}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
X18} months. Additional time extensions up to eighteen X18} months as determined and
approved by the City Council maybe granted. VL~ith all extensions, the Director or City
Council may require the preliminary plat, combined preliminary and f nal 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
1. The Applicant is hereby notif ed 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 X28} 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 may be filed.
2. Please take notice that this is a f nal 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 X28} 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 November 7, 2007
CITY OF ERIDI FINDINGS F FACT, CONCLUSIONS OF LAw, D DECISION O E
CASE NO(S}. S-7-07
By action of the City Council at '~ regular meeting held on the ~ ~~~ day of
..
.r , ~ ~ __ .. 2007
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IX . '::
COUNCIL MEMBER DAVID ZAREMBA VOTED
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COUNCIL MEMBER JOE B4RT4N VOTED ~:.}
C CIL C LIE TEE V
C CIL KEITH V®T
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Copy served upon Applicant, The Planning Department, Public Works Department and City
Attorney.
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By.
~. ~ _.: Dated: ~_ : ~~
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAVV, AND DECISION & ORDER
CA5E NOBS}. SHP-07-007
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
CITY 4F MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT
STAFF REPORT: kf~:.
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HEARING DATE: November 7, 2007 ~ ~ , , r ~_~ +' Y....
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TO: Mayor & City Council .` ~ -.'
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FROM: Kristy Vigil, Assistant City Planner ~~`
205-884-5533
Scott Steckline Develo ment Services Coordinatorx
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208-898-5500
SUBJECT: Bonito Lot 15 Condominiums
Request for Short Plat Approval of Bonito Lot 15 Condominiums consisting of 3
Commercial Condominium units within 1 building in an existing C-G Zone by Dave
Evans Construction (File# SHP-07-00~.
We have reviewed this submittal and offer the following comments, as conditions of the applicant. These
conditions shall be considered in full, unless expressly modif ed or deleted by motion of the Meridian
City Council:
APPLICATION SUMMARY & LOCATION
The applicant, Dave Evans Construction, has applied for short plat approval of 3 condominium units
within 1 building on 0.178 acres in a C-G zone for Sparrowhawk Condominiums on Lots 12 and 15,
Block 1 of Bonito Subdivision No. 3. A building permit has been issued and the building is currently
under construction.
Bonito Lat 15 Condominiums are located south of Overland Road and west of Eagle Road at 2971 E.
Copper Point Drive in the NE ~ of Section 20, T.3N., R.1 E.
The subject property meets all of the applicability requirements as stated in UDC 11-6B-5A and is
eligible to be processed as a short plat.
Staff recommends approval of Bonita Lot 15 Condominiums Short Plat with the comments and
conditions stated in this report.
PROCESS FACTS
a. The subject application will in fact constitute a short plat as determined by City Ordinance. By
reason of the provisions of UDC 11-5B-3, a public hearing is required before the City Council on
this matter.
b. Newspaper notifications published on: October 22, 2007 and October 29, 2047
c. Radius notices mailed to properties within 300 feet on: October 19, 2007
C 11- -6
SHP-07-007 Bonita Lot 15 Condominiums SHP.doc PAGE 1
CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT
In consideration of a short plat, the decision-making body sh~il 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 plat is C-G General Retail and Service Commercial
District}. 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;
Staff finds that public services are available to accommodate the development. 'Later and sewer
services have already been installed with the Bonito Subdivision No. 3 improvements. Fire,
police, solid waste and irrigation services are all adequate. The adjacent public roadways have
been completed to the required design and approach standards.
C. The plat is in conformance with scheduled public improvements in accord with the City's
capital improvements program;
Staff 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 the responsibility of the developer.
D. There is public financial capability of supporting services for the proposed development;
Staff finds that the development will not require major expenditures for providing supporting
services. The developer andlor future unit owners will finance the extension of sewer, water,
utilities and pressurized irrigation to serve the project. The primary public costs to serve the
future tenants will be fire and police services.
E. The development will not be detrimental to the public health, safety or general welfare; and
Staff does not believe that any additional traffic or noise will be generated with the approval of
this plat; the approval for the subject buildings was previously granted. This subdivision will not
be detrimental to the general welfare of the public in the surrounding area. Staff finds that the
subject subdivision 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.
Staff 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 DEPARTMENT -SITE SPECIFIC CONDITIONS
Revise or add the following plat notes on the face of the plat prepared by Toothman-Orton
Engineering Company, and dated 10102107:
9.} Include instrument number.
1 S.} Include survey number.
*.} Revise to read on sheet ~4} Four "...This Plat of "Bonito Lot 15 ~~ Condominium. .
SHP-07-D07 Bonito Lot 1 S Condominiums SHP.doc PAGE 2
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2. Complete the Certificate of Owners.
3. Comply with all conditions of Bonito Subdivision No. 3.
4. Comply with all conditions of the Ada County Highway District as they relate to this short plat.
5. Staffs failure to cite specif c ordinance provisions of the Unified Development Code does not
relieve the applicant of responsibility for compliance.
GENERAL C4NDITIUNS
1, Plat approval shall be subj ect to the expiration provisions set forth in 11- -7.
2. All development features shall comply with the Americans with Disabilities Act and the Fair
Housing Act.
STAFF RECOMMENDATIaN
Staff recommends approval of the short plat for Bonito Lot 15 Condominiums Short Plat (SHP-07-
007~ with the above stated comments and conditions.
EXHIBITS
1. Submitted Short Plat (2 pages)
SHP-07-007 Bonito Lot 15 Condominiums SHP.doc
PAGE 3
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