Knighthill H-2019-0043CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0043 - 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 1.61 acres of land
in the C-G zoning district, by JRW Construction.
Case No(s). H-2019-0043
For the City Council Hearing Date of: May 7, 2019 (Findings on May 21, 2019)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of May 7, 2019, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of May 7, 2019, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of May 7, 2019,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of May 7, 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.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of May 7, 2019, incorporated by reference. The conditions are concluded to be
Meridian City Council Meeting Agenda May 21, 2019 – Page 149 of 576
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0043 - 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 May 7, 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 May 7, 2019
Meridian City Council Meeting Agenda May 21, 2019 – Page 150 of 576
By action of the City Council at its regular meeting held on the day of M a ,
2019.
COUNCIL PRESIDENT JOE BORTON VOTED A �n
COUNCIL VICE PRESIDENT LUKE CAVENER VOTED
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED
COUNCIL MEMBER TY PALMER VOTED
COUNCIL MEMBER TREG BERNT VOTED_n
COUNCIL MEMBER GENESIS MILAM VOTED N,0
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
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Mayor Tamm d Weerd
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Attest: o� �
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Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By:LPDated: "oma I ' pl� I
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0043 - 3 -
Knigv4h; l l
EXHIBIT A
Page 1
HEARING
DATE:
5/7/2019
TO: Mayor & City Council
FROM: Stephanie Leonard, Associate Planner
208-884-5533
Bruce Freckleton, Development
Services Manager
208-887-2211
SUBJECT: H-2019-0043
Knighthill Center Subdivision No. 3
LOCATION: 6343 N. Linder Road, in the NE ¼ of the
NE ¼ of Section 26, Township 4N,
Range 1W.
I. PROJECT DESCRIPTION
The applicant has applied for a short plat (SHP) to divide one (1) building lot in an existing commercial
subdivision into two (2) building lots on 1.61 acres of land in the C-G zoning district.
II. APPLICANT INFORMATION
A. Applicant:
JRW Construction
1676 N. Claredon Way
Eagle, ID 83616
B. Owner:
Knighthill, LLC.
1676 N. Clarendon Way
Eagle, ID 83616
C. Representative:
Mason and Associates, Inc.
924 3rd Street South, Site B
Nampa, ID 83651
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
Meridian City Council Meeting Agenda May 21, 2019 – Page 152 of 576
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III. NOTICING
City Council
Posting Date
Newspaper Notification 4/19/2019
Radius notification mailed to
properties within 300 feet 4/16/2019
Nextdoor posting 4/16/2019
IV. STAFF ANALYSIS
The proposed short plat creates two (2) building lots from one (1) existing building lot on 1.61 acres
of land in the Knighthill Center subdivision in the C-G zoning district. The proposed plat is a re-
subdivision of Lot 5, Block 1 of the Knighthill Center subdivision to create one (1) 0.61-acre parcel
and one (1) 1-acre parcel.
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.
Required landscape street buffers and a 10-foot multi-use pathway were installed in conformance
with UDC standards with final plat approval of the Knighthill Center Subdivision.
V. DECISION
A. Staff:
Staff recommends approval of the proposed short plat and within the conditions noted in Section VII
of this report.
B. Council
The Meridian City Council heard these items on May 7, 2019. At the public hearing, the
Council approved the subject short plat request.
a. Summary of City Council Public Hearing:
i. In favor: Renny Wylie, Applicant
ii. In opposition: None
iii. Commenting: Renny Wylie, Applicant
iv. Written testimony: None
v. Staff presenting application: Stephanie Leonard
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. None
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VI. EXHIBITS
A. Knighthill Center Subdivision (dated: 2/13/15)
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Page 4
B. Proposed Short Plat (date: 3/11/2019)
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Page 5
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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-06-006, PP-13-031; FP-14-020; MDA-13-019, DA #114014784).
2. Except for the access points approved by the Knighthill Center Subdivision, direct access to
W. Chinden Blvd. and N. Linder Road is prohibited.
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. 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.
6. The short plat prepared by Mason & Associates by Darin Holzhey, included in Section VI.B
shall be revised as follows:
a. Note #6: Replace “isle” with correct spelling of “aisle”.
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.
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.
Meridian City Council Meeting Agenda May 21, 2019 – Page 157 of 576
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VIII. FINDINGS
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 proposed short plat complies with the Comprehensive Plan and has been 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.
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