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Findings for Approval Storey Park SHP 06042013CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER EIDIANDAHO �- In the Matter of Short Plat Consisting of 4 Commercial Lots in a C -G Zoning District on 18.81 Acres for Storey Park Located on the Southeast Corner of S. Main Street and E. Franklin Road, by City of Meridian Parks and Recreation Department. Case No(s). SHP-13-001 For the City Council Hearing Date of. June 4, 2013 (Findings on June 18, 2013) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 4, 2013, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 4, 2013, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 4, 2013, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 4, 2013, 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 April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). SHP-13-001 -1- 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 Conditions of Approval all in the attached Staff Report for the hearing date of June 4, 2013, 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 § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for a short plat is hereby conditionally approved per the conditions of approval in the attached Staff Report for the hearing date of June 4, 2013, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Short Plat Duration Please take notice that approval of a 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 the combined preliminary and final plat or short plat (UDC 11 -6B -7A). 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 two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-613-713). 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 obtain the City Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years 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 comply with 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 (UDC 11- 6B -7C). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application 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. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). SHP-13-001 -2- who has an interest in real property which may be adversely affected by the final action of the governing board 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 June 4, 2013 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). SHP-13-001 -3- By action of the City Council at its regular meeting held on the IS day of ju.-'111'� 2013. COUNCIL PRESIDENT BRAD HOAGLUN VOTED COUNCIL VICE PRESIDENT CHARLIE ROUNTREE VOTED COUNCIL MEMBER DAVID ZAREMBA VOTEDA1 COUNCIL MEMBER KEITH BIRD VOTED_V— MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Tam y e Weerd Attest: — �YO'PLED AUC�ST 7 JE olman, City Clerk Copy served upon Applicant, The P nublic Works Department and City Attorney. �` Dated: C' y Clei 's ice CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). SHP-13-001 -4- EXHIBIT A STAFF REPORT Hearing Date: June 4, 2013 E IDIAM-- TO: Mayor and City Council I D A W O FROM: Bill Parsons, Associate City Planner 208-884-5533 Bruce Freckleton, Land Development Manager 208-887-2211 SUBJECT: SHP-13-001 — Storey Park Short Plat I. APPLICATION SUMMARY The applicant, City of Meridian Parks and Recreation Department, has applied for short plat approval of four (4) buildable lots on 18.81 acres of land in a C -G zoning district. Currently, the site is developed as a public park. Ancillary uses include the Chamber of Commerce, City well and overflow parking for the speedway. The applicant is proposing to plat the property to accomplish the following: 1) Clean-up the discrepancy with the Land and Water Conservation Fund (LWCF). Since the Chamber exists on the property and is not deemed an outdoor recreation a separate parcel must be created (Lot 1). Further, an additional lot needs to be created to ensure the acquisition of the Park's property meets the guidelines of the grant (Lot 2); 2) create the well lot (Lot 4) for Public Works and; 3) create a lot (Lot 3) for a possible land exchange between the City and the Meridian Speedway. All of the proposed lots conform to the C -G zoning district. The subject property is located on the southeast corner of S. Main Street and E. Franklin Road in the northwest '/o of Section 18, T.3N., R.IE. II. STAFF RECOMMENDATION Staff finds the proposed plat is eligible to be processed as a short plat based on the following criteria: 1) the parcel is an original parcel of record; 2) the property is not part of a previous short plat; 3) the proposed plat does not exceed four (4) lots; 4) no new street dedication is required and: 5) there are no impacts to health, safety of general welfare and the proposed subdivision is in the best interest of the city. Based on the aforementioned criteria, Staff recommends approval of the Storey Park Short Plat with the conditions and Findings stated in this report. The Meridian City Council heard this item on June 4. 2013, At the public hearing. the Council approved the subject SIIP request Storey Park — SHP-13-001 PAGE 1 F I -To M FM To V TT F-03 \/ PIT 19 i i Storey Park — SHP-13-001 PAGE 1 EXHIBIT A inn i " ►ii Written teston�� �rii i ,� ••ii i i i-rditiqTs COTtaiTed staff re Staff presenting allIffication: Bill Parsons and Jay-Wbbons -YL Other staff commenting on application, Bill Naa and Steve Siddowa-, i, ICU Issues of Discussion L Cross access between the newly reate iL Abandonmentof i Rutledge LatuW easement i i,t runs underthe i ,iii Commerce building HL Buy i from the National on reconfiguring the p.rk i oller� Council Changesto StafVComm*ssion Recommkndaf= \i= III. PROCESS FACTS a. The subject application will in fact constitute a short plat as determined by City Ordinance. A public hearing is required before the City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. The UDC does not require the property to be posted. b. Newspaper notifications published on: May 13, 2012, and May 27, 2013 c. Radius notices mailed to properties within 300 feet on: May 10, 2013 IV. SITE SPECIFIC CONDITIONS Revise or add the following note(s) on the face of the plat prepared by Civil Survey Consultants, Inc., prior to signature of the short plat by the City Engineer: ➢ Note 46: Insert the cross access agreement instrument number on the face of the plat. Complete the Certificate of Owners. 3. The applicant shall coordinate with NMID on relinquishing the portion of the unused Rutledge Lateral easement that runs under the Chamber of Commerce building constructed on Lot 1, Block 1. 4. All future development on the subject lots must obtain Certificate of Zoning Compliance and Administrative Design Review approval from the Planning Division. 5. The short plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on the plat within two years; or 2) gain approval of a time extension as set forth in UDC 11-613-7. 6. Staff's failure to cite specific city ordinance provisions does not relieve the applicant of responsibility for compliance. V. EXHIBITS A. Zoning/Vicinity Map B. Proposed Short Plat C. Required Findings from the Unified development Code Storey Park - SHP-13-001 PAGE 2 EXHIBIT A EXHIBIT A — ZoningNicinity Map Storey Park — SHP-13-001 PAGE 3 ■ . _ Nei -� � R ����� ■■� 1 1 . ,. �!1■.� � 'will ■ "�... �il� rRUT � +— 111■■ ..� —� _ Central , RUT Storey Park — SHP-13-001 PAGE 3 EXHIBIT B — Proposed Short Plat EXHIBIT A STOREY PARK SUBDIVISION LOCATED /N THE NW f,4 Of SEC7XW fS, r0AWWP9 NORTH, RANGE f EAST, BOfSEMERMN, ADA COMM Aa4W 2013 I I � I y R •� Storey Park — SHP-13-001 PAGE 4 NOMS � "�"Aim.rr.'�"°".•.,a.J'"a.L"•:.���.L."' 1� w • FitJ JrNP�iJfrfJYJwiP�►��alAaw�n �iR. v I I � I y R •� Storey Park — SHP-13-001 PAGE 4 EXHIBIT A EXHIBIT C - Required Findings from Unified Development Code 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 is consistent with the Unified Development Code; The Comprehensive Plan designates the future land use of this property as Civic. A majority of the property is developed with a public park which meets the definition of a civic use in the comprehensive plan. Further, the existing use is a permitted use under the Unified Development Code. Council finds the proposed short plat is consistent 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; The Council finds that public services are adequate to serve the site as evident by the existing development constructed on the site. C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvements program; The Council finds that the development will not require the expenditure of capital improvement funds. All required utilities were provided with the development of the property. D. There is public financial capability of supporting services for the proposed development; The Council finds that the development will not require major expenditures for providing supporting services. E. The development will not be detrimental to the public health, safety or general welfare; and The Council finds 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. The Council is not aware of any significant natural, scenic or historic features associated with the development of this site. Storey Park— SHP-13-001 PAGE 5 Bill Parsons From: Jay Gibbons Sent: Friday, May 31, 2013 10:32 AM To: Bill Parsons; Jaycee Holman; Machelle Hill; Jacy Jones Cc: Glenn Bennett (gbennett@civilsurvey.net) Subject: Storey Park Subdivision - SHP-13-001 The City of Meridian Parks and Recreation Department, applicant on the short plat application, has reviewed the staff report and its conditions. We have no concerns. Thank you. Jay A. Gibbons, PLA, ASLA Parks & Pathways Project Manager Meridian Parks & Recreation 33 East Broadway Avenue, Suite 206 Meridian, ID 83642 P. 208-888-3579 (489-0553 direct line) C. 208-869-0747 F.208-898-5501 Email. *gibbons@meridiancity.org