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HomeMy WebLinkAboutNorthhickory Condominium SHP-08-006CTI'Y OF MERIDIAN pk," FINDINGS OF FACT, CONCLUSIONS E ID~~- OF LAW AND I D A H O DECISION & ORDER In the Matter of Northhickory Condominiums Short Plat consisting of 4 office condominium units within 1 building on 0.66 acres in an I-L zone, by hickory Land Partners, LLC. Case No(s). SHP-08-006 For the City Council Hearing Date of: July 22, 2008 (Findings on the August 12, 2008 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 22, 2008, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 22, 2008, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 22, 2008, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 22, 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. 02-382 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-08-006 -1- 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 Legal Description, Short Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of July 22, 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 6/2/2008, 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 July 22, 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-08-006 -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 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 July 22, 2008 G. Attached: Applicant's response letter for the hearing date of July 1, 2008. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). SHP-08-006 -3- rlnll~nhed &,~tnde~, ,bra rlba ALS A ` [.sad Surv~in & ~iivili )~nglaeeclag cs~, S~ • 20& I Fsat ICristy bisil, Assistant Ci#y Planner July 2i, 2005 City of Meridian 6601« Watertcr lane, Suite 202 tyleridien, lQ. 83642 I2E: NorttiHickory Condorniniums Short Plat Gear ICtisty, This 1~r i$ in res~nse to your request for a follow up letter conc~rntrrg the City of Merid(ans Staff Report for Noit#thickory Condominiums. I have read the staff report„ and have addressed the she specific conditions item No. 1, note 12 coming the pressure fi~igatlon system, and the maintenance thereof, I have revised the Note 12 on tlTe firs! Page of the Plat to read: iRRttaA,TiON WATE~t FIRS Bt~N PRflVICEO PRC)f/t THE SETTIteR'S 6FtRlGATIQN f31STRitJ t', aND THE SUBJECT PRtaP~RTY tS 13E1NG SERWI"!3 f3Y A PR)<55UR[~Et3 iRRIt3ATIE3N SYSTEM 1/L'HICH tS OWNER AN®MAINTAIN~ BY THE SET17-~'S iRRiGA-TIC~N DISTRiC'F' UN13F.fi ~flREE~EN'iS WITH ~TTLER'S IRRiQ~ATImN C1sTRICT RECORDED AS tNSTRt1MENT No, 100456953. THE AWNER iNTENt33 TC~ COIIAPIY WiTf-1 T'HE= DISCItl~UI'tE REQUiREN1ENTS t~F tQAHC) CflUE SECTION'31-31315(2), OR iT'S PRQVIStONS 'f{iA-T Af~FI_'Y TO IFiF2iGATl©N tNATER R1C3H7'S. I have not found any other comments or concerns fi the staff repflrt that treed to Ise addressed on the Final Plat: I plan o3+ a8ending the City Council Hearing on duly. 22'~ to answer arty questions that mey arise. Please tirul the attacdred 4 coy~ies of the Final Plat for your review and comments. Thank yow Wease contact me. d there are arty questions or conr~rris. Sficerely: lawrent~ H. Koerner, P.LS. C8y df Meridian f~s~nse Le80tdec Page 1 712'al2©08 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). SHP-08-006 -4- By action of the City Council at its regular meeting held on the ~ ~ day of 2008. COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIltD MAYOR TAMMY de WEERD (TIE BREAKER) /~2~ Mayor Tam>~1 Attest: ,'''~ ~~ ~~~``'~q'l ~ N~ ,~\ / Teo Jaycee Holman, City Clerk Copy served upon Applicant, Attorney. .VOTED VOTED VOTED VOTED VOTED ~~ Weerd = ra,~ y ~ ,,~ P . The Pf ~t~, Public Works Department and City ~~~I /I I I p 1N 111` Dated: $- 2.5 - OFD City Clerk's O fice CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). SHP-08-006 -5- CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT STAFF REPORT: HEARING DATE: July 22, 2008 E IDIANh~ sa~~ TO: Mayor and City Council G~ FROM: Jenny Veatch, Assistant City Planner 208-884-5533 Scott Steckline, Development Services Coordinator~~ 208-898-5500 SUBJECT: Northhickory Condominiums Short Plat Request for Short Plat Approval of Northhickory Condominiums to create 4 office condominium units out of an existing commercial building, in an I-L Zoning District, by Hickory Land Partners, LLC (File# SHP-08-006J. 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: SUNIlVIARY RECOMIVIENDATION: The Meridian City Council heard this item on duly ?~,, 2008• e Council annroved the subiect short plat .~ y in savor: i.awrence xoerner ii. In opposition: None iji. o men 'ng~.None ~ Written testimony: None y~ , tall nresentin~~,pplication: Pete Friedman y1. Other staff commenting on annlication: None it, Key Issues of Discussion by Council: i. None ~, Kev Council Changes to Staff Recommendation L None APPLICATION SUNIlVIARY & LOCATION The applicant, Hickory Land Partners, LLC, has applied for short plat approval of 4 condominium units within 1 commercial building on 0.66 acres in an I-L zoning district for Northhickory Condominiums. A building permit has been issued for the subject building and the building has been constructed. Northhickory Condominiums are located north of E. Pine Avenue and west of N. Eagle Road at 1020 N. Hickory Avenue in the NE 1/0 of Section 8, T.3N., R.IE. 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. SHP-08-006 Northhickory Condominiums SHP.doc PAGE I CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT Staff recommends approval of Northhickory 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-SB-3, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: June 30, 2008, and July 13, 2008 c. Radius notices mailed to properties within 300 feet on: June 27, 2008 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 Light Industrial District. The current zoning district of the proposed plat is I-L (Light Industrial District). The Comprehensive Plan allows for incidental retail and office uses in the I-L Zone. The office building is part of the Gemtone Center No. 2 Subdivision (Lot 9, Block 2). 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 aze available to accommodate the development. Water and sewer services have already been installed with the Gemtone Center No. 2 Subdivision improvements. Fire, police, solid waste and irrigation services aze all adequate. The adjacent public roadways have been completed to the required design and approach standazds. 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 azea were planned to be developer driven. All required utilities aze 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 welfaze of the public in the surrounding azea. Council fmds that the SHP-08-006 Northhickory Condominiums SHP.doc PAGE 2 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 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. Council is not aware of any significant natural, scenic or historic features associated with the development of this site that the City Engineer should be aware of. PLANNING & PUBLIC WORK5 DEPARTMENT -SITE SPECIFIC CONDITIONS 1. Revise or add the following plat notes on the face of the plat prepared by Lawrence H. Koerner, and dated 6/2/08: 12.) Revise to include what irrigation district the property lies within and who will own and maintain the pressurized irrigation system. 2. Complete the Certificate of Owners. 3. If the City Engineer's signature has not been obtained by 7/22/09, the Short Plat approval for this subject project shall expire. 4. Comply with all applicable conditions of Gemtone Center No. 2 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. STAFF RECOMMENDATION Staff recommends approval of the Northhickory Condominiums Short Plat (SHP-08-006) with the above stated comments and conditions. EXITS 1. 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