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Destination Place No. 3 SHP H-2017-0013CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2017-0013 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Short Plat Consisting of Two (2) Commercial Building Lots on 1.77 Acres in the C-G Zoning District, for Destination Place Subdivision No. 3, Located at 1510 S. Celebration Ave., by Fulbright Investments, LLC. Case No(s). H-2017-0013 For the City Council Hearing Date of: March 7, 2017 (Findings on March 21, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 7, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 7, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of N March 7, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 7, 2017, 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). H-2017-0013 - 2 - 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 March 7, 2017, 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 March 7, 2017, attached as Exhibit A. 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 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 11-6B-7B). 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2017-0013 - 3 - 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 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 March 7, 2017 By action of the City Council at its regular meeting held on the day of , 2017. COUNCIL PRESIDENT KEITH BIRD VOTED VF COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED_[ I `" COUNCIL MEMBER TY PALMER VOTED Vecc COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER GENESIS MILAM VOTED._,1,'L MAYOR TAMMY de WEERD VOTED_ (TIE BREAKER) Mayor Tmy de Weerd Attest: L411 U, Jay Coles City Clerk � yORATL%1D lofb 14 r.3lxw �w aj'de TREdSUR6�hv Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. By: J6�/V l � Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2017-0013 -4- EXHIBIT A Destination Place No. 3 – H-2017-0013 PAGE 1 STAFF REPORT HEARING DATE: March 7, 2017 TO: Mayor and City Council FROM: Bill Parsons, Planning Supervisor 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Destination Place No. 3 – H-2017-0013 I. APPLICATION SUMMARY The applicant, Fulbright Investments, LLC, has applied for short plat (SHP) approval of two (2) commercial lots on 1.77 acres of land in the C-G zoning district. II. STAFF RECOMMENDATION Based on the criteria noted in UDC 11-6B-5, Staff finds the proposed plat is eligible to be processed as a short plat. Therefore, Staff recommends approval of the proposed short plat with the conditions and Findings stated in this report. The Meridian City Council heard this item on March 7, 2017. At the public hearing, the Council approved the subject short plat request. a. Summary of City Council Public Hearing: i. In favor: Gus Porter ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Bruce Chatterton vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Council: i. None d. Key Council Changes to Staff/Commission Recommendation i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017- 0013 as presented in the staff report for the hearing date of March 7, 2017, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0013, as presented during the hearing on March 7, 2017, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0013 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) EXHIBIT A Destination Place No. 3 – H-2017-0013 PAGE 2 IV. 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 11-5B-3, a public hearing is required before the City Council on this matter. b. Newspaper notification published on: February 17, 2017 c. Radius notices mailed to properties within 300 feet on: February 10, 2017 V. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 1510 S. Celebration Ave., in the SW ¼ of Section 17, Township 3N., Range 1E. B. Applicant/Owner(s): Fulbright Investments, LLC 5275 N. Brook Field Place Boise, ID 83713 C. History: In 2004, the property received preliminary plat approval (PP-04-042) of the eighteen (18) commercial lots on 33.10 acres in the C-G zone. A subsequent final plat was recorded (FP-05- 014) in 2005. In 2016, a certificate of zoning compliance was approved (A-2016-0225) to construct a 6,200 square foot restaurant. VI. STAFF ANALYSIS The proposed short plat depicts two (2) commercial lots on 1.77 acres of land in a C-G zoning district. The proposed plat is a re-subdivision of Lot 2, Block 2 of Destination Place Subdivision. All lots in the proposed subdivision comply with the dimensional standards listed in UDC Table 11- 2B-3 for the C-G zoning district, as applicable. A 6,200 square foot restaurant is approved and proposed to be constructed on Lot 2A. Future development of Lot 2B will require the approval of a certificate of zoning compliance and administrative design review application prior to applying for a building permit. The existing 10-foot wide landscape buffer along the north and west boundaries of the site were installed with the construction of the Destination Place Subdivision, and meet the current landscape standards, except for the area in the northeast corner of Lot 2B. This remaining portion of this buffer may be installed at the time of lot development in accord with UDC 11-3B-14B.3. All other existing landscaping must remain protected during the construction on this site. Staff has reviewed the proposed short plat for substantial compliance with the criteria set forth in UDC 11-6B-5 and deems the short plat to be in substantial compliance with said requirements to recommend approval as proposed. VII. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Short Plat (dated: 02/07/17) EXHIBIT A Destination Place No. 3 – H-2017-0013 PAGE 3 B. Agency Comments/Conditions of Approval C. Required Findings from Unified Development Code EXHIBIT A Destination Place No. 3 – H-2017-0013 PAGE 4 Exhibit A.1 – Vicinity Map EXHIBIT A Destination Place No. 3 – H-2017-0013 PAGE 5 Exhibit A.2 – Proposed Short Plat (dated: 02/07/2017) EXHIBIT A Destination Place No. 3 – H-2017-0013 PAGE 6 Exhibit B. Conditions of Approval SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved preliminary plat, final plat and certificate of zoning compliance (PP-04-042, FP-05-014 and A-2016-0225) for this subdivision. 2. The final plat prepared by Sawtooth Land Surveying, stamped on 02/07/2017 by Carl Porter, shall be revised as follows: a. Lots 2A and 2B shall be numbered consistent with the Ada County Assessor Office standards. 3. If the City Engineer’s signature has not been obtained within two (2) years of the City Council’s approval of the short plat, the short plat shall become null and void unless a time extension is obtained, per UDC 11-6B-7. 4. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 5. Prior to applying for a building permit for Lot 2B, Block 2, the applicant shall obtain the Planning Division’s approval of a certificate of zoning compliance and design review application. Future development shall be consistent with the design standards listed in UDC 11-3A-19 and the guidelines contained in the City of Meridian Architectural Standards. 6. Applicant shall be responsible for the extension of sanitary sewer and/or water services to each lot, and abandon any existing services that do not fall within design guidelines. ONGOING CONDITIONS OF APPROVAL 1. The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. The existing 10-foot wide landscape buffers along the north and west boundaries of the site must remain protected during the construction on this site. 2. The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 3. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 4. The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. GENERAL REQUIREMENTS 1. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 2. All development improvements, including but not limited to fencing, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-5C-1. EXHIBIT A Destination Place No. 3 – H-2017-0013 PAGE 7 3. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 4. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 5. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 6. Developer shall coordinate mailbox locations with the Meridian Post Office. 7. All grading of the site shall be performed in conformance with MCC 11-12-3H. 8. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 9. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 10. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 11. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 12. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. EXHIBIT A Destination Place No. 3 – H-2017-0013 PAGE 8 Exhibit C – Required Findings from the 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 Commercial. The current zoning district of the site is C-G. The proposed short plat complies with the Comprehensive Plan and the dimensional standards in the UDC for the C-G district. 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. 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 are being provided with the development of the property at the developer’s expense. 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. The developer and/or future lot owner(s) 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 The Council recognizes the fact that traffic and noise may increase with the approval of this subdivision; however, the Council does not believe that any additional amount generated will be detrimental to the general welfare of the public in the surrounding area. Staff 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.