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Home My WebLink AboutNewton's Nook Subdivision SHP-07-009DECEIVED DEC 1 3 2007 City Of Meridian City Cier~ Q~ce CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER (j~~E ID$ IAN?- ~J In the Matter of Newton's Nook Condominium Short Plat for 4 condominium units on 1 building lot on 0.20 acres in a C-G zone, by Penwood III, LLC. Case No(s). SHP-07-009 For the City Council Hearing Date of: December 4, 2007 (Findings on the December 18, 2007 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 4, 2007 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 4, 2007 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the. hearing date of December 4, 2007 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 4, 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 (LC. §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. 3. 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). SHP-07-009 -1- 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 Short Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of December 4, 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 Condominium Short Plat as evidenced by having submitted the Condominium Short Plat dated 10/26/07 is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of December 4, 2007 incorporated by reference. D. Notice of Applicable Time Limits Notice of Twelve (12) Month 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 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 maybe 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AIVD DECISION & ORDER CASE NO(S). SHP-07-.009 -2- 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 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 the 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 December 4, 2007 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). SHP-07-009 -3- Q h B action of the City Council at its regular meeting held on the l 8 ~ day of 2007. COUNCIL MEMBER DAVID ZAREMBA VOTED__~~2~ COUNCIL MEMBER JOE BORTON VOTED_ ~~~~. COUNCIL MEMBER CHARLIE ROUNTREE VOTED_ `~ ,e ~ COUNCIL MEMBER KEITH BIRD VOTED_ <~Gt_ TIE BREAKER MAYOR TAMMY de WEERD VOTED ~~ ~. MAYO~~t(P~ ' ~ ~,pE WEERD ~\ \ e~ ~~ /'// ATTEST: : ~ C~ ~*c~~q ~y ~'~ T~. ~ O - ~~~~ _ WILLIAM G. BERG, JR., C CLEI~C ~ ~~' A~ Co served u on: V A licant ,//,'/~~~~'~~~~r„ „~~~~`~~~'\``\`\\\ PY p -~ pp ~ ~ ~ ~ Planning Department Public Works Department y City Attorney B Dated: I~~2~~~~ y Clerk's Of e CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). SHP-07-009 -4- CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS COUNCIL REPORT STAFF REPORT: E IDIAN. HEARING DATE: December 4, 2007 1 D A .H O TO: Mayor & City Council FROM: Jenny Veatch, Assistant City Planner 208-884-5533 Scott Steckline, Development Services Coordinator 208-898-5500 SUBJECT: Newton's Nook Condominiums Request for Short Plat Approval of Newton's Nook Condominiums consisting of 4 Commercial Condominium units within 1 building in an existing C-G Zone by Penwood III, LLC (File# SHP-07-009) We have reviewed this submittal and offer the following conditions of the applicant. SUMMARY RECOMMENDATION ~_ ummarv of Citv Council Public Hearin>i: i. In favor: None ii. onnosition: None iii. Conunentine: None iv. Written testimonv: Annlicant's letter of agreement with conditions v. Staff nresentine annlication: Anna Cannine vi. Other Staff commentine on annlication:_ None b. Key Issues of Discussion by Council: i. None c. Key Council Cban~es to Council Recommendation i. None 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-SB-3, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: November 12, 2007 and November 26, 2007 c. Radius notices mailed to properties within 300 feet on: November 9, 2007 APPLICATION SUMMARY & LOCATION The applicant, Penwood III, LLC, has applied for short plat approval of 4 condominium units within 1 building on 0.20 acres in a C-G zone for Newton's Nook Condominiums on Lot 4, Block 1 of Newton's Nook Subdivision. SHP-07-009 Newton's Nook Subdivision SHP.doc PAGE 1 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS COUNCIL REPORT Newton's Nook Subdivision is located at 429 SW 5"' Avenue on the south side of W. Franklin Road just west of S.W. 5"' Avenue, in the NE '/ of Section 13, T.3N., R.lE. This property was previously platted as Lot 4, Block 1 of Newton's Nook Subdivision. 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. Staff recommends approval of Newton's Nook Condominiums 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. C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvements program; Council fmds 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. SHP-07-009 Newton's Nook Subdivision SHP.doc PAGE 2 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS COUNCIL REPORT PLANNING & PUBLIC WORKS DEPARTMENTS -SITE SPECIFIC CONDITIONS 1. Comply with all conditions of Newton's Nook Subdivision. 2. This Short Plat shall become null and void if the applicant fails to obtain the city engineer's signature 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 J.J. Howard Engineering, and dated 10/26/07: (*) Add a note stating, "The bottom elevation of house footings shall be set a minimum of 12 inches above the highest known normal ground water elevation." 4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 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. Staff s failure to cite specific ordinance provisions of the Unified Development Code does not relieve the applicant of responsibility for compliance. GENERAL REQUIItEMENTS Per UDC 11-3A-6 all imgation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate imgation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2. Street signs are to be in place, water system shall be approved and activated, fencing installed, sewer line shall be installed and passed air test and video inspection, and road base shall be approved prior to applying for building permits. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All development improvements, including but not limited to water, sewer, fencing, micro-paths,. pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 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. SHP-07-009 Newton's Nook Subdivision SHP.doc PAGE 3 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS COUNCIL REPORT 7. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 8. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 9. Applicant shall be responsible for application and compl-fiance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 10. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. STAFF RECOMMENDATION Staff recommends approval of the short plat for Newton's Nook Subdivision Short Plat (SHP-07- 009) with the above stated conditions. Exhibit 1. Condominium Plat SHP-07-009 Newton's Nook Subdivision SHP.doc PAGE 4 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS COUNCIL REPORT Submitted Condominium Plat FRANKLIN SDIIAR~ SUBOM$IUN 5 00'27'CO' W 0+ msr.J' q 187.67 (its ss'; 3 Ixxo sr.s' [ irk PO:M DF BEGINNING )-, ^•; ; T Si Jn rye ~ SC:9B'cusr> ~L4'. 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