Bengal Parking H-2019-0045CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0045 - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for Short Plat to Create Two (2) Buildable Lots on 18.96 Acres of
Land in an I-L Zoning District, by West Ada School District.
Case No(s). H-2019-0045
For the City Council Hearing Date of: 04/23/2019, (Findings on May 7, 2019)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of April 23, 2019, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of April 23, 2019, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of April 23, 2019,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of April 23, 2019, 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.
Meridian City Council Meeting Agenda May 7, 2019 – Page 181 of 537
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0045 - 2 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of April 23, 2019, 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 Short Plat is hereby approved per the conditions of approval in the
Staff Report for the hearing date of April 23, 2019, 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 April 23, 2019.
Meridian City Council Meeting Agenda May 7, 2019 – Page 182 of 537
441
By action of the City Council at its regular meeting held on the rl day of
2019.
COUNCIL PRESIDENT JOE BORTON VOTED
COUNCIL VICE PRESIDENT LUKE CAVENER VOTED p _
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED
COUNCIL MEMBER TY PALMER VOTED
COUNCIL MEMBER TREG BERNT VOTED
COUNCIL MEMBER GENESIS MILAM VOTED
MAYOR TAMMY de WEERD
(TIE BREAKER)
Copy served upon Applicant,
Attorney.
VOTED \
5oe rtt�, Counci resrter4
Development Department, Public Works Department and City
By: Dated:
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
3
FILE NO(S). H-2019-0045
EXHIBIT A
Page 1
HEARING
DATE:
04/23/2019
TO: Mayor & City Council
FROM: Kevin Holmes, Associate Planner
208-884-5533
Bruce Freckleton, Development
Services Manager
208-887-2211
SUBJECT: H-2019-0045
Bengal Parking
LOCATION: 915 E. Central Dr.
I. PROJECT DESCRIPTION
The Applicant proposes a Short Plat to create two (2) buildable lots on approximately 18.96 acres in
the I-L zoning district. The applicant is also requesting alternative compliance per UDC 11-5B-5 to
defer the landscape buffer improvements required by UDC 11-3B-7 along E. Central Dr. until the Lot
1, Block 1 develops.
II. APPLICANT INFORMATION
A. Applicant:
West Ada School District – 1303 E. Central Drive, ID 83642
B. Owner:
Same as applicant
C. Representative:
Keller Associates, Inc. – 131 SW 5th Avenue, Meridian, ID 83642
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
Meridian City Council Meeting Agenda May 7, 2019 – Page 184 of 537
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III. NOTICING
City Council
Posting Date
Legal notice published in
newspaper 4/5/2019
Radius notice mailed to
properties within 300 feet 4/3/2019
IV. STAFF ANALYSIS
The proposed short plat creates two (2) building lots on 18.96 acres in the I-L zoning district. The
applicant has met with staff to discuss developing Lot 2, Block 1 as a parking facility for the Idaho
State University campus. Lot 1, Block 1 is proposed to be a future school for the West Ada School
District.
Currently, the proposed Lot 1, Block 1 is developed with a parking lot and athletic fields. A portion
of the existing landscape buffer adjacent to E. Central Drive (approximately 8’) doesn’t meet the 20-
foot requirements of UDC Table 11-2C-3 or landscaped in accord with UDC 11-3B-7C. Further,
approximately 225 feet is not landscaped at all. UDC 11-1A-1, the subdivision of the property
constitutes development and therefore requires a dedicated 20-foot wide landscape buffer along the
entire street frontage. Because development is not proposed for Lot 1, Block 1 at this time, the
applicant has submitted an alternative compliance request to defer the installation of the required 20-
foot wide landscape buffer on Lot 1, Block 1 until future development. The director is amenable to
allowing the existing landscaping to suffice for the landscape requirement until further development
however, the other 225 feet of frontage that currently is undeveloped must conform to UDC
standards. The remainder of the non-conforming buffer (area in front of the parking lot) will need to
meet UDC standards with future development of Lot 1, Block 1.
In reviewing ACHD’s comments the applicant is not required to do any further improvements to the
adjacent street. However, a new curb cut is proposed at the eastern boundary which will facilitate the
closure of the existing access directly to the east of the proposed one. ACHD has indicated review of
the new access will be reviewed with a future development application (CZC for the new parking
lot). The accesses that serve the existing parking lot will also be evaluated with future development of
Lot 1, Block 1 in accord with UDC 11-3A-3. Because the applicant is closing an existing access to
the east and providing cross access to facilitate better site circulation for the abutting property to the
east, staff is supportive of the new access as proposed by the applicant.
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. Staff
has reviewed the requested alternative compliance proposal and has determined that it meets the
criteria for approval per UDC-5B-5.
Meridian City Council Meeting Agenda May 7, 2019 – Page 185 of 537
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V. DECISION
Staff:
Staff recommends approval of the proposed short plat and alternative compliance within the
conditions noted in Section VI of this report.
Council:
The Meridian City Council heard these items on April 23, 2019. At the public hearing, the
Council approved the subject short plat request.
a. Summary of City Council Public Hearing:
i. In favor: Ryan Morgan
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 Recommendation
i. Council incorporated the conditions of approval provided by the Parks Department in
the memo dated 04/23/2019 (see conditions of approval below).
ii. Removed the requirement to dedicate additional right-of-way for a right hand turn lane.
ACHD indicated that no improvements were required with the development.
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VI. EXHIBITS
A. Proposed Short Plat
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B. Proposed Landscape Plan (dated: 02/28/2019) (NOT APPROVED)
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VII. CITY/AGENCY COMMENTS & CONDITIONS
A. Planning Division
Site Specific Conditions:
1. Applicant shall comply with all previous conditions of approval associated with this
development (AZ-09-001, DA #99050962, PFP-03-005, CPA-07-005).
2. 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.
3. 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.
4. Development of any lot shall require submission of Certificate of Zoning Compliance and
Design Review per UDC-11-5B-1 and shall meet all applicable requirements of City of
Meridian code.
5. The landscape plan, prepared by Keller Associates, dated 02/28/2019, shall be revised to
depict the current buffer along E Central Drive and include a 20-foot wide landscape buffer
for the remaining street frontage that is currently not landscape (approximately 225 feet).
6. The short plat prepared by Keller Associates by Thomas Taylor, included in Section VI.A
shall be revised as follows:
a. All sheets of the plat shall be stamped and signed by a registered professional land
surveyor.
b. Graphically depict required twenty-foot (20’) landscape buffer along E. Central Drive.
c. Insert instrument number of existing access easement.
d. Dedicate and depict ACHD ROW for right hand turn lane along E. Central Drive.
7. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat
and/or development agreement does not relieve the Applicant of responsibility for compliance.
8. The Master Pathways Plan depicts a multi-use pathway on this site. The applicant shall
coordinate with Kim Warren, 888-3579 with the Meridian Parks and Recreation for the location
of the 10-foot multi-use way. Once the location of the pathway is determined by both parties,
the applicant shall record a pedestrian easement and construct a 10-foot multi-use pathway in
accord with UDC 11-3A-8 and UDC 11-3B-12.
9. Comply all Nampa Meridian Irrigation requirements as outlined in the letter dated April, 2019.
10. The two (2) accesses that serve the existing parking lot for the athletic field will be evaluated
with future development of Lot 1, Block 1 in accord with UDC 11-3A-3.
11. The applicant’s request for alternative is approved as follows:
a. The existing buffer along the frontage may continue in its current state until such time
as Lot 1, Block 1 redevelops and
b. The undeveloped portion of the frontage of Lot 1, Block 1, approximately 225 feet east
of the parking lot, shall a 20-foot wide landscape buffer and landscaped in accord with
UDC 11-3B-7C.
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Page 9
B. Public Works
Site Specific Conditions:
1. No new public sewer or water infrastructure is being planned as part of this project; therefore,
Public Works has no comment.
C. Parks Department
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VIII. 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 I-L. 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 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.
E. The development will not be detrimental to the public health, safety or general welfare; and
The Council finds the proposed short plat 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 the
development of this site.
In order to grant approval for alternative compliance, the director shall determine the following
findings:
A. Strict adherence or application of the requirements is not feasible; OR
Strict adherence to the application of the requirements is feasible due to an existing parking lot
that serves the proposed athletic field. However, the undeveloped portion, approximately 225
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feet, east of the parking lot, can be improved and landscaped in accord with UDC standards
(UDC Table 11-2C-3 and UDC 11-3B-7).
B. The alternative compliance provides an equal or superior means for meeting the
requirements; and
The applicant has proposed to develop the lot along E. Central Dr. with the construction of the
proposed school facility in the future. At the time of development, the existing landscaping that is
currently along the E. Central frontage lot shall be landscaped to meet the full requirements of
UDC Table 11-2C-3 and UDC 11-3B-7. Therefore, the Director finds the applicants proposed
alternative compliance does provide equal or superior means to meet these requirements.
C. The alternative means will not be materially detrimental to the public welfare or impair the
intended uses and character of the surrounding properties.
The Director finds that the proposed alternatives will not be detrimental to the public welfare or
impair the intended use/character of the surrounding properties.
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