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Healthy Living Condominiums - SHP H-2017-0075CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0075 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Short Plat to Condominiumize a Structure into Two (2) Separate Spaces for Separate Ownership, by The Boise Family YMCA. Case No(s). H-2017-0075 For the City Council Hearing Date of: July 18, 2017 (Findings on August 8, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 18, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 18, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 18, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 18, 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. 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 Community Development 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 July 18, 2017, incorporated by reference. The conditions are concluded to be CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0075 - 2 - 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 approved per the conditions of approval in the Staff Report for the hearing date of July 18, 2017, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary 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. 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 July 18, 2017 By action of the City Council at its regular meeting held on the day of /' pi I , 2017. COUNCIL PRESIDENT KEITH BIRD COUNCIL VICE PRESIDENT JOE BORTON COUNCIL MEMBER ANNE LITTLE ROBERTS COUNCIL MEMBER TY PALMER COUNCIL MEMBER LUKE CAVENER COUNCIL MEMBER GENESIS MILAM MAYOR TAMMY de WEERD TIE BREAKER) Mayor Weerd Attest: 0 p City of w C`.- E IDIAN- IDAHO C. ay Coles SEAL City Clerk o 2T VOTED /" Q. VOTED /'-4 VOTED 1 VOTED )^ VOTED r'I VOTED VOTED Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: - - GJ / j( i Dated: b Z City Clerks Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0075 - 3 - EXHIBIT A Healthy Living Condominium – SHP H-2017-0075 PAGE 1 STAFF REPORT HEARING DATE: July 18, 2017 Continued from: July 5, 2017) TO: Mayor and City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Healthy Living Condominiums – SHP (H-2017-0075) I. APPLICATION SUMMARY The applicant, The Boise Family YMCA, has applied for a short plat (SHP) to condominiumize a structure to accommodate separate ownership for the YMCA and St. Luke’s. II. STAFF RECOMMENDATION Based on the criteria listed 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 these items on July 18, 2017. At the public hearing, the Council approved the subject SHP request. a. Summary of City Council Public Hearing: i. In favor: Kelly Kehrer, KM Engineering ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Bill Parsons 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- 0075 as presented in the staff report for the hearing date of July 18, 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-2017-0075, as presented during the hearing on July 18, 2017, for the following reasons: (You should state specific reasons for denial.) EXHIBIT A Healthy Living Condominium – SHP H-2017-0075 PAGE 2 Continuance I move to continue File Number H-2017-0075 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 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: June 16, 2017 c. Radius notices mailed to properties within 300 feet on: June 8, 2017 V. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 5175 S. Howry Lane, in the NW ¼ of Section 33, Township 3N., Range 1E. B. Applicant/Owner(s): The Boise Family YMCA 1177 W. State Street Boise, ID 83702 C. History: A Certificate of Zoning Compliance and Design Review application was approved for the construction of a 61, 552 square foot structure on this site in 2016 (A-2016-0299). VI. STAFF ANALYSIS The purpose of this subdivision is to condominiumize the building that is currently under construction on the YMCA property to accommodate separate ownership of air space between the YMCA and St. Luke’s. The proposed short plat depicts subdivision of air space for 2 units. 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: 7/13/17) B. Agency Comments/Conditions of Approval C. Required Findings from Unified Development Code EXHIBIT A Healthy Living Condominium – SHP H-2017-0075 PAGE 3 Exhibit A.1 – Vicinity/Zoning Map EXHIBIT A Healthy Living Condominium – SHP H-2017-0075 PAGE 4 Exhibit A.2 – Short Plat (dated: 7/13/2017) EXHIBIT A Healthy Living Condominium – SHP H-2017-0075 PAGE 5 EXHIBIT A Healthy Living Condominium – SHP H-2017-0075 PAGE 6 EXHIBIT A Healthy Living Condominium – SHP H-2017-0075 PAGE 7 EXHIBIT A Healthy Living Condominium – SHP H-2017-0075 PAGE 8 Exhibit B. Conditions of Approval SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the annexation & zoning and development agreement (H-2015- 0024, Inst. #2016-106278) approved for this property. 2. The final plat prepared by KM Engineering, stamped on 5/11/2017 by Kelly S. Kehrer, shall be revised as follows: a. Note #1: Include the recorded instrument number of the development agreements. b. Note #6: Include the recorded instrument number. c. Complete the Reference notes shown at the bottom of Sheet 1. 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, as well as the signatures of the Ada County Highway District and the Central District Health Department. 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. 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. EXHIBIT A Healthy Living Condominium – SHP H-2017-0075 PAGE 9 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 Mixed Use - Neighborhood. The current zoning district of the site is C-N. The City Council finds the proposed short plat complies with the Comprehensive Plan and the dimensional standards in the UDC for the C-N district. B. Public services are available or can be made available and are adequate to accommodate the proposed development; The City 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 City 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 City 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. E. The development will not be detrimental to the public health, safety or general welfare; and The City Council recognizes the fact that traffic and noise will increase with the approval of this subdivision and subsequent development; however, the City Council does not believe that it will be detrimental to the general welfare of the public in the surrounding area. The City 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 City Council is not aware of any significant natural, scenic or historic features associated with the development of this site.