HomeMy WebLinkAboutNoe Valley Condominiums SHP-08-003CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND
DECISION & ORDER
E IDIAN~~,
t.DAHO
In the Matter of Noe Valley Condominium Short Plat consisting of 4 Residential
Condominium units within 1 building on 0.15 acres in an O-T zone, by James McLean and
Karen Swett.
Case No(s). SHP-08-003
For the City Council Hearing Date of: May 20, 2008 (Findings on the June 3, 2008 City
Council agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of May 20, 2008
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of May 20, 2008,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of May 20,
2008 i~ncorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of May 20, 2008, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers confened upon it by the "Local Land Use
Planning Act of 1975," codif ed 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 Amencied
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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). SHP-08-003
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 irnposed.
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, Short Plat, and the Conditions of
Approval all in the attached Staff Report for the hearing date of May 20, 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
3/26/08, is hereby conditionally approved; and,
2. The site specific and standard conditions of approval are as shown in the attached Staff
Repor,t for the hearing date of May 20, 2008, incorporated by reference.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Piease 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 prelirninary 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, may be considered for final approval without resubrnission 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 cornply with
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). SHP-08-003
-2-
the current provisions of Meridian City Code Title 11. If the above timetable is not rnet
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 may be 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 may be 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 May 20, 2008
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). SHP-08-003
-3-
By action of the City Council at its regular meeting held on the ~ r~ day of
~'~~ , 2008.
COUNCIL MEMBER DAVID ZAREMBA VOTED~
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
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VOTED~
VOTED~
VOTED~
VOTED ~~
Weerd
Jaycee H an, City Clerk ; y `~ ;
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Copy served upon Applicant, The~ ~~~~ ~~~~~~hnent, Public Works Department and City
Attorney.
By: w~Q /Vv~ Dated: ~" 5~ 0 g
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). SHP-08-003
-4-
CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT
STAFF REPORT: Hearing Date: May 20, 2008 (~E 1~TA1~l~..
1DAHO
TO: Mayor and City Council
FROM: Jenny Veatch, Assistant City Planner G~
208-884-5533
Scott Steclcline, Development Services Coordinator -S~
208-898-5500
SUBJECT: Noe Valley Condominiums
Request for Short Plat Approval of Noe Valley Condorniniums to create 4
condominium units from an existing 4-plex on 1 residential building lot in an O-
T Zone by James McLean and Karen Swett (File# SHP-08-003).
We have reviewed this submittal and offer the following comments, as conditions of the applicant. These
conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian
City Council:
SUMMARY RECOMMENDATION
~
i, In favor: None
ii. In onnosition: None
iii. Commentine: None
iv. Written testimonv: Ehno Tiddens
v. ~ Staff nresentin~ annlication: Anna Cannin~
vi, Other staff commentinQ on annlication: None
b. ev Issues of Discussion bv Council•
i. None
c. Kev Council Chan~es to Staff Recommendation
i. None
APPLICATION SUMMARY & LOCATION
The applicants, James McLean and Karen Swett, have applied for short plat approval of 4 condominium
units within 1 residential building on 0.15 acres in an O-T zone for Noe Valley Condominiums. A
building pernut has been issued for the subject building and the building has been constructed.
Noe Valley Condominiums are located east of N. Main Street and south of E. King Street at 121 E. King
Street in the SW % of Section 7, T.3N., R.lE.
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 ofNoe Valley Condominiurns Short Plat with the comments and conditions
stated in this report.
SHP-08-003 Noe Valley Condominiums SHP.doc PAGE 1
CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT
PROCESS FACTS
a. The subject application wili in fact constitute a short plat as deternuned by City Ordinance. By
reason of the provisions of UDC 11-SB-3, a public hearing is required before the City Council on
this rnatter.
b. Newspaper notifications published on: Apri128, 2008, and May 12, 2008
c. Radius notices mailed to properties within 300 feet on: April 25, 2008
REQLTIItED FINDINGS FROM UDC 11-6B-6
In considerafion 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 Old Town. The cunent
zoning district of the proposed plat is O-T (Old Town District). The Comprehensive Plan allows
for a variety of residential uses, including reuse of existing buildings for residential uses. The
Thornton Four Plex received conditional use approval June 18, 2002. Therefore, the proposed
short 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 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;
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 the responsibility 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 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
Council 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. Council 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.
SHP-08-003 Noe Valley Condominiums SHP.doc PAGE 2
CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT
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 DEPARTMENT - SITE SPECIFIC CONDITIONS
l. Revise or add the following plat notes on the face of the plat prepared by Tealey's Land
Surveying, and dated 3/26/08:
7.) Include survey number and instrument nurnber.
8.) Include instrument number.
*.) Add a note addressing the maintenance responsibilities of the common area and
landscaping.
2. Complete the Certificate of Owners.
3. If the City Engineer's signature has not been obtained by 03/26/09, the Short Plat approval for
this subject project shall expire.
4. Comply with all conditions of Williams Addition Subdivision.
5. Comply with all conditions of the Ada County Highway District as they relate to this short plat.
6. Staff's failure to cite specific ordinance provisions of the Unified Development Code does not
relieve the applicant of responsibility for compliance.
GENERAI. CONDITIONS
1. All development features shall comply with the Arrmericans with Disabilities Act and the Fair
Housing Act (if applicable).
STAFF RECOMMENDATION
Staff recommends approval of the Noe Valley Condominiums Short Plat (SHP-08-003) with the
above stated comments and conditions.
EXHIBITS
1. Submitted Short Plat (3 pages)
SHP-08-003 Noe Valley Condominiums SHP.doc PAGE 3
CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT
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