Smart Food Services (H-2019-0084)CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0084 - 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 2.94 Acres of Land
in an I-L Zoning District, by The Land Group, Inc.
Case No(s). H-2019-0084
For the City Council Hearing Date of: 08/27/2019, (Findings on September 10, 2019)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of August 27, 2019, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of August 27, 2019, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of August 27,
2019, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of August 27, 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 September 10, 2019 – Page 130 of 225
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0084 - 2 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of August 27, 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 August 27, 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 August 27, 2019.
Meridian City Council Meeting Agenda September 10, 2019 – Page 131 of 225
By action of the City Council at its regular meeting held on the day of G m ak--
2019.
COUNCIL PRESIDENT JOE BORTON VOTED I �P
COUNCIL VICE PRESIDENT LUKE CAVENER VOTED®\
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTEDk) p
COUNCIL MEMBER TY PALMER VOTEDp
COUNCIL MEMBER TREG BERNT VOTED
COUNCIL MEMBER GENESIS MILAM VOTED
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
Mayor Tammy de Wberd
Attest:`do130- �,ca° n`GUST fS"
City of
E 11 IAN&,
N + 7
Chris SEALl�
CitylCler
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By:4wu* Dated: -to
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0084 - 3 -
EXHIBIT A
Page 1
HEARING
DATE:
08/27/2019
TO: Mayor & City Council
FROM: Kevin Holmes, Associate Planner
Bruce Freckleton, Development
Services Manager
SUBJECT: H-2019-0084
Smart Food Service
LOCATION: 2250 E. Jewel St.
I. PROJECT DESCRIPTION
The Applicant proposes a Short Plat to create two buildable lots on approximately 2.64 acres in the I-
L zoning district.
II. APPLICANT INFORMATION
A. Applicant:
The Land Group – 426 E. Shore Dr. Ste. 100, Eagle, ID 83616
B. Owner:
Barclay Holdings LXXVII, LLC – 2390 E. Camelback Rd. #200, Phoenix, AZ 85016
C. Representative:
Same as applicant
III. NOTICING
City Council
Posting Date
Legal notice published in
newspaper 8/9/2019
Radius notice mailed to
properties within 300 feet 8/6/2019
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
Meridian City Council Meeting Agenda September 10, 2019 – Page 133 of 225
EXHIBIT A
Page 2
IV. STAFF ANALYSIS
The proposed short plat creates two building lots on 2.64 acres in the I-L zoning district. The owner
has received Certificate of Zoning Compliance and Design Review approval (A-2018-0351) for Lot
1, Block 1 for a grocery/restaurant supply store. Lot 2, Block 1 is being kept as building site for a
future commercial building. Commercial uses are allowed to develop on the property in accord with
the approved Planned Unit Development (Treasure Valley Business Center) approved in 1991.
All of the lots in the proposed subdivision comply with the dimensional standards listed in UDC
Table 11-2C-3 for the I-L zoning district. Future building height and setbacks are also required to
comply with the aforementioned standards.
Staff has reviewed the proposed short plat for substantial compliance with the criteria set forth in
UDC 11-6B-5 and has deemed the short plat to be in substantial compliance with said requirements.
V. DECISION
Staff:
Staff recommends approval of the proposed short plat with the conditions noted in Section VII of this
report.
Meridian City Council Meeting Agenda September 10, 2019 – Page 134 of 225
EXHIBIT A
Page 3
VI. EXHIBITS
A. Proposed Plat (dated: 7/9/2019)
Meridian City Council Meeting Agenda September 10, 2019 – Page 135 of 225
EXHIBIT A
Page 4
Meridian City Council Meeting Agenda September 10, 2019 – Page 136 of 225
EXHIBIT A
Page 5
B. Proposed Landscape Plan (dated: 02/6/2019)
Meridian City Council Meeting Agenda September 10, 2019 – Page 137 of 225
EXHIBIT A
Page 6
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 (Treasure Valley Business Center AZ, PP, FP from 1984, Treasure Valley
Business Center Planned Development approval from 1991, A-2018-0351).
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 SCJ Alliance, dated 02/06/2019, is approved as shown in
Section VI.B.
Meridian City Council Meeting Agenda September 10, 2019 – Page 138 of 225
EXHIBIT A
Page 7
6. The short plat prepared by The Land Group, Inc. by James R. Washburn, included in Section
VI.A shall be revised as follows:
a. Graphically depict required ten-foot landscape buffer along E. Jewel St.
b. Graphically depict required twenty-foot landscape buffer along W. Hickory Ave.
c. Note #1: Include declarations instrument number.
d. Remove Note #2.
e. Note #3: Include ACHD license agreement instrument number. Designate entity to own
and maintain landscaping.
f. Note #4: Include Settlers Irrigation license agreement instrument number.
g. Note #5: Include instrument number.
7. Staff’s failure to cite specific ordinance provisions or conditions of approval 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
2. Streetlights are to be installed and upgraded with the building improvements that are currently
taking place.
General Conditions:
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. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health
improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a
surety agreement may be approved as set forth in UDC 11-5C-3C.
3. 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.
4. Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
5. Developer shall coordinate mailbox locations with the Meridian Post Office.
6. All grading of the site shall be performed in conformance with MCC 11-1-4B.
7. 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.
8. 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.
9. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street
Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be
installed at developer’s expense. Final design shall be submitted as part of the development
plan set for approval, which must include the location of any existing street lights. The
Meridian City Council Meeting Agenda September 10, 2019 – Page 139 of 225
EXHIBIT A
Page 8
contractor’s work and materials shall conform to the ISPWC and the City of Meridian
Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and
Utility Coordinator at 898-5500 for information on the locations of existing street lighting.
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 Water Department at
(208)888-5242 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.
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 the Central District Health Department for
abandonment procedures and inspections.
13. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 9-1-28.C.1). The applicant should be required to use any existing surface
or well water for the primary source. If a surface or well source is not available, a single-point
connection to the culinary water system shall be required. If a single-point connection is
utilized, the developer will be responsible for the payment of assessments for the common areas
prior to development plan approval.
14. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per
UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207
and any other applicable law or regulation.
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 General Industrial. 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;
Staff 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;
Staff 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;
Staff 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.
Meridian City Council Meeting Agenda September 10, 2019 – Page 140 of 225
EXHIBIT A
Page 9
E. The development will not be detrimental to the public health, safety or general welfare; and
Staff 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.
Staff is not aware of any significant natural, scenic or historic features associated with the
development of this site.
Meridian City Council Meeting Agenda September 10, 2019 – Page 141 of 225