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HomeMy WebLinkAboutSilverstone Corporate Plaza Condominiums SHP-08-008In the Matter of Silverstone Corporate Plaza Condominiums Short Plat consisting of 37 condominium units within an existing building in a C-C zoning district, by Sundance Investments, LP. Case No(s). SHP-08-008 For the City Council Hearing Date of: January 13, 2009 (Findings on the January 27, 2009 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of January 13, 2009, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of January 13, 2009, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 13, 2009, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of January 13, 2009, 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-08-008 -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 January 13, 2009, 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 12/05/2008, 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 January 13, 2009, 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-08-008 -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 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 January 13, 2009 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). SHP-08-008 -3- ~v' By action of the City Council at its regular meeting held on the 2~ day of ~n1 , 2009. Attest: Jaycee ~, - '~-, 9 -~GC~T'g~ ,,~~ Copy served upon Applicant D~~ ~ -~i ~ ~ ~~~trttttrtn n~a~~~~~~ Attorney. ity Clerk's Office ~O Public Works Department and City Dated: ~ ~ 2~1 ~ ~ 1 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). SHI'-08-008 COUNCIL MEMBER DAVID ZAREMBA VOTED Ikb COUNCIL MEMBER BRAD HOAGLUN VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED_~/~ • !!~_~ _ MAYOR TAMMY de WEERD VOTED (TIE BREAKER) ' ~~%~~' Mayor T de Weerd \`~~~„uut~ttt''t~'~,,~ .~` ~ ~ ~< =. ~ City -4- CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT STAFF REPORT: SUBJECT: SHP-08-008 Silverstone Corporate Plaza Condominiums Short Plat Sundance Investments, LP Request for Approval of Silverstone Corporate Plaza Condominiums Short Plat consisting of 37 Condominium Units within an Existing Building in a C-C Zoning District. STAFF RECOMMENDATION Staff recommends approval of the Silverstone Corporate Plaza Condominiums Short Plat (SHP-08-008) with the stated comments and conditions. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council. SUMMARY: The Meridian City Council heard this item on January 13, 2009. At the public hearing the Council approved the subject short plat with the conditions stated below. a. Summary of City Council Public Hearing: i. In Favor: Pat Tealey ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Pete Friedman vi. Other staff commenting on application: None b. Key Issues of Discussion by Council: i. None c. Key Council Changes to Staff Recommendation: i. None APPLICATION SiJ1VIlVIARY & LOCATION The applicant, Sundance Investment LP, has applied for short plat approval of 37 condominium units within an existing building on 6.2 acres in a C-C zoning district for Silverstone Corporate Plaza Condominiums. A Certificate of Zoning Compliance has been issued for the subject building (CZC-08- 073). The applicant has applied for a building permit and has commenced construction. Silverstone Corporate Plaza Condominiums is located south of E. Overland Rd. and east of S. Eagle Road at 3421 E. Overland Rd. in the NW '/a of Section 21, T.3N., R.1 E. SHP-08-008 Silverstone Corporate Plaza Condominiums SHP.doc PAGE 1 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT PROCESS FACTS a. The subject application is for a short plat as determined by City Ordinance. In accordance with UDC 11-SB-3, a public hearing is required before the City Council on this matter. b. 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. c. Newspaper notifications published on: December 22, 2008 and January 5, 2009 d. Radius notices mailed to properties within 300 feet on: December 19, 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 and the Unified Development Code (iTDC); The Comprehensive Plan designates the future land use of this property as Mixed-Use Regional. The current zoning district of the proposed plat is C-C (Community Business District). The Comprehensive Plan recommends a mix of employment, retail, and residential or public uses. The proposed office building condominiums are an allowed use in the C-C zone and incorporate a wide variety of employment and public use opportunities. Therefore, the proposed short plat complies with the Comprehensive Plan and the UDC. 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 are already installed with the Silverstone Subdivision and Silverstone Subdivision No. 3. Fire, police, solid waste and irrigation services are adequate. The adjacent public roadways are 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 fords that the development 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 since the approval for the subject building was previously granted. This subdivision will not be detrimental to the general welfare of the public in the surrounding area. Council finds that SHP-OS-008 Silverstone Corporate Plaza Condominiums SHP.doc PAGE 2 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 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. 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 1. Revise or add the following note(s) on the face of the plat prepared by Tealey's Land Surveying., stamped on 12/05/08 by Patrick A. Tealey, prior to signature of the short plat by the City Engineer: 9.) Include instrument number. *.) Add a note, "This plat is subject to the development agreement recorded as instrument number 101111016 of Ada County Records." 2. Complete the Certificate of Owners. 3. Re-number the plat to correctly reflect the number of condominium units from ~ to 37. 4. If the City Engineer's signature has not been obtained by 01/13/2010, the Short Plat approval for this subject project shall expire. 5. Comply with all applicable conditions of Silverstone Subdivision and Silverstone Subdivision No. 3. 6. Comply with all conditions of the Ada County Highway District as they relate to this short plat. 7. Staff's failure to cite specific ordinance provisions of the Unified Development Code does not relieve the applicant of responsibility for. compliance. EDITS 1. 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