Gurney Office Condos H-2018-0080 SHPCITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0080 - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for Short Plat to condominiumize an existing 11,160 square-foot
commercial building into three (3) tenant spaces and a common area, by Horrocks Engineers.
Case No(s). H-2018-0080
For the City Council Hearing Date of: September 4, 2018 (Findings on September 18, 2018)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of September 4, 2018, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of September 4, 2018, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of September 4,
2018, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of September 4, 2018, 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 September 4, 2018, incorporated by reference. The conditions are concluded to be
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0080 - 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 Short Plat is hereby approved per the conditions of approval in the
Staff Report for the hearing date of September 4, 2018, 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.
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 September 4, 2018.
Meridian City Council Meeting Agenda September 18, 2018 – Page 87 of 385
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By action of the City Council at its regular meeting held on the day of
2018.
COUNCIL PRESIDENT JOE BORTON
COUNCIL VICE PRESIDENT LUKE CAVENER
COUNCIL MEMBER ANNE LITTLE ROBERTS
COUNCIL MEMBER TY PALMER
COUNCIL MEMBER TREG BERNT
COUNCIL MEMBER GENESIS MILAM
MAYOR TAMMY de WEERD
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Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: W Dated:
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0080
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EXHIBIT A
Gurney Office Condominium – SHP H-2018-0080 PAGE 1
STAFF REPORT
HEARING DATE: September 4, 2018
TO: Mayor and City Council
FROM: Sonya Allen, Associate Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Gurney Office Condos – SHP (H-2018-0080)
I. APPLICATION SUMMARY
The applicant, Horrocks Engineers, has applied for a short plat (SHP) to condominiumize an existing
11,160 square-foot commercial building into three (3) tenant spaces and common area.
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 this item on September 4, 2018. At the public hearing, the
Council approved the subject SHP request.
a. Summary of City Council Public Hearing:
i. In favor: Peggy Breski, Horrocks Engineers
ii. In opposition: None
iii. Commenting: Peggy Breski
iv. Written testimony: None
v. Staff presenting application: Caleb Hood
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
ii. None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2018-
0080 as presented in the staff report for the hearing date of September 4, 2018, with the following
modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0080,
as presented during the hearing on September 4, 2018, for the following reasons: (You should state
specific reasons for denial.)
Continuance
I move to continue File Number H-2018-0080 to the hearing date of (insert continued hearing date
Meridian City Council Meeting Agenda September 18, 2018 – Page 89 of 385
EXHIBIT A
Gurney Office Condominium – SHP H-2018-0080 PAGE 2
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: August 17, 2018
c. Radius notices mailed to properties within 300 feet on: August 10, 2018
d. Posted to Next Door: August 14, 2018
V. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located at 1803 & 1831 S. Topaz Way, in the NW ¼ of Section 21, Township 3N.,
Range 1E.
B. Applicant:
Horrocks Engineers
5700 E. Franklin Rd. Ste. 160
Nampa, ID 83687
C. Owner(s):
BP Real Estate Meridian LLC.
1000 N Curtis Rd. Ste. 203
Boise, ID 83706
D. History: In 2017, a Certificate of Zoning Compliance and Design Review application was
approved for the construction of an 11,442 square foot structure on this site (A-2017-0058). In
2018, a Property Boundary Adjustment was tentatively approved to consolidate two parcels into
one (A-2018-0193). The Record of Survey has been recorded for the property consolidation (ROS
#11396); however final Property Boundary Adjustment approval has not yet been granted
approval by the Director.
VI. STAFF ANALYSIS
The proposed short plat depicts subdivision of air space in an existing 11,160 square foot building to
create three separate units and common area for ownership purposes.
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: June 4, 2018)
B. Agency Comments/Conditions of Approval
C. Required Findings from Unified Development Code
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Gurney Office Condominium – SHP H-2018-0080 PAGE 3
Exhibit A.1 – Vicinity/Zoning Map
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Exhibit A.2 – Short Plat (dated: June 4, 2018)
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Exhibit B. Conditions of Approval
SITE SPECIFIC CONDITIONS
1. Applicant shall meet all terms of the previous approval for this property (AZ-03-016, Inst. #2003-
103184140; PP-03-018; FP-03-002; A-2017-0058) approved for this property.
2. The final plat prepared by Horrocks Engineers, dated June 4, 2018 by Fritz Brownell, shall be
revised as follows:
a. Note #11: Include the recorded instrument number.
b. Add Professional Land Surveyor signature and date to stamp at bottom of plat.
c. Include a note stating ownership and maintenance responsibilities for the common areas.
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.
5. Obtain final approval of the property boundary adjustment application (A-2018-0193).
6. Applicant shall ensure that the responsibility for payment of the sanitary sewer and water billing
is addressed in the Condominium Declarations. Since the existing building is currently being
served by a single water meter and sewer service line, the responsibility shall be with the business
owners association.
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Gurney Office Condominium – SHP H-2018-0080 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 Mixed Use - Regional. The
current zoning district of the site is C-G. The proposed short plat complies with the Comprehensive
Plan and is developed in accord with UDC standards.
B. Public services are available or can be made available and are adequate to accommodate the
proposed development;
The Council finds that public services have been provided to this building and 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 were 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 as services are already being provided to the property.
E. The development will not be detrimental to the public health, safety or general welfare; and
The Council finds the proposed short plat to condominiumize the existing structure will not 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 short
platting the structure on this site.
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