HomeMy WebLinkAboutMedical Millennium FindingsRECIEI~7EIJ
MAR 13 2008
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND
DECISION & ORDER
City Of Meridian
City Clerk Office
. E IDIAN~,
LDAHO
In the Matter of Medical Millennium Condominiums Short Plat consisting of 4
Commercial Condominium units within 1 building on 1.259 acres in an L-O zoning district,
by The Land Group, Inc.
Case No(s). SHP-08-002
For the City Council Hearing Date of: March 4, 2008 (Findings on the March 18, 2008 City
Council agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of March 4, 2008
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of March 4, 2008
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of March
4, 2008 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of March 4, 2008 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. 02-3 82 and Maps.
The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11-SA.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). SHP-08-002
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 Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Short Plat and Conditions of Approval all in the
attached Staff Report for the hearing date of March 4, 2008 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 Short Plat dated
01/04/08 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 March 4, 2008 incorporated by reference.
D. Notice of Applicable Time Limits
Notice of Short 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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). SHP-08-002
-2-
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 rrlust 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 March 4, 2008
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). SHP-08-002
-3-
By action of the City Council at its regular meeting held on the day of
2008.
COUNCIL MEMBER DAVID ZAREMBA VOTED
COUNCIL MEMBER JOE BORTON VOTED
COUNCIL MEMBER CHARLIE ROUNTREE VOTED
COUNCIL MEMBER KEITH BIRD VOTED
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
Mayor Tammy de Weerd
Attest:
Jaycee Holman, City Clerk
Copy served upon Applicant, The Planning Department, Public Works Department and City
Attorney.
By:
City Clerk's Office
Dated:
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AIVD DECISION & ORDER
CASE NO(S). SHP-08-002
-4-
CITY OF MERIDIAN PLANNING AND PUBLiC WORKS DEPARTMENTS STAFF REPORT
STAFF REPORT:
HEARING DATE: March 4, 2008 ~ Ir'I a ~T
TO: Mayor and City Council 111..!!1 Dl`AH-10~
FROM: Kristy Vigil, Assistant City Planner
208-884-5533
Scott Steckline, Development Services CoordnatorS..5
20.8-898-5.500
SUBJECT: Medical Millennium Condominiums
Request for Short Plat Approval of Medical Millennium Condominiums consisting of 4
Commercial Condominium units within 1 building in an existing L-O Zone by The Land
Group, Inc (File# SHP-08-002).
We have reviewed this submittal and offer the following conditions of the applicant.
SUMMARY RECOMMENDATION
i. In favor: None
ii. In onnosition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff nresentins? annlication: Anna Canning
vi. Other staff commenting on annlication: None
b. Key Issues of Discussion by Council:
i. one
c. Key Council Changes to Staff 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 11-5$-3, a public hearing is required before the City Council on
this matter.
b. Newspaper notifications published on: February 11, 2008, and February 25, 2008
c. Radius notices mailed to properties within 300 feet on: February 8, 2008
APPLICATION SUMMARY & LOCATION
The applicant, The Land Group, Inc., has applied for short plat approval of 4 condominium units within 1
building on 1.259 acres in an L-O zone for Medical Millennium Condominiums on Lot 3, Block 1 of
Resolution Subdivision. A building permit has been issued for the subject building and the building is
currently under construction.
SHP-08-002 Medical Millennium Condominiums SHP.doc PAGF
CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT
Medical Millennium Condominiums are located south of Overland Road and approximately a 'h mile east
of Locust Grove Road at 1828 S. Millennium Way in the NW `/ of Section 20, T.3N., R.1 E.
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 Medical Millennium Condonniums Short Plat with the comments and
conditions stated in this report.
REQUIItED 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 and high
density residential. The current zoning district of the proposed plat is L-O (Limited Office
District). The Comprehensive Plan allows for other uses in the high density designation, if the
development is a approved as a planned development. Resolution Subdivision received planned
development approval June 6, 2000. Therefore, 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. Water and sewer
services have already been installed with the Resolution Subdivision 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 and/or 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.
SHP-08-002 Medical Millennium Condominiums SHP.doc PAGF
CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT
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
1. Revise or add the following plat notes on the face of the plat prepared by The Land Group, Inc.,
and dated 01/04/08.:
1.) Delete note.
7.) Include instrument number.
10.) Revise to read, "...Set forth 1n rTro nn n~ c~ rrro nn ni ~~ ..~a CUP-00-017."
*.) Add a note, "This plat is subject to a development agreements recorded as instrument
numbers 100056509 and 107005524 of Ada County Records."
2. Complete the Certificate of Owners.
3. Add a signature space for the City Clerk.
4. If the City Engineer's signature has not been obtained by 03/18/09, the Short Plat approval for
this subject project shall expire.
3. Comply with all conditions of Resolution Subdivision.
4. Comply with all conditions of the Ada County Highway District as they relate to this short plat.
5. Staff's failure to cite specific ordinance provisions of the Unified Development Code does not
relieve the applicant of responsibility for compliance.
GENERAL CONDITIONS
1. All development features shall comply with the Americans with Disabilities Act and the Fair
Housing Act (if applicable).
STAFF RECOMMENDATION
Staff recommends approval of the Medical Millennium Condominiums Short Plat (SHP-08-002)
with the above stated comments and conditions.
EXHIBITS
1. Submitted Short Plat (4 pages)
SHP-08-002 Medical Millennium Condominiums SHP.doc PAGE
CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT
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