Blingey Condominimums (H-2019-0131)I TEM SHEET
C ouncil Agenda I tem - 3.I .
Presenter:
Estimated Time f or P resentation: 0
Title of I tem - F indings of F act, C onclusions of L aw for Blingey Condominiums (H-2019-0131)
by K M Engineering, L L P, Located at 37 W. Archerfield D r.
AT TAC HM E NT S:
Description Type Upload D ate
F indings Findings/Orders 1/22/2020
E xhibit A E xhibit 1/22/2020
Meridian City Council Meeting Agenda January 28, 2020 – Page 128 of 229
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FOR BLINGEY CONDOMINIUMS – SHP H-2019-0131 - 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 an Existing Structure into Two
(2) Spaces for Ownership Purposes, by KM Engineering, LLP.
Case No(s). H-2019-0131
For the City Council Hearing Date of: January 14, 2020 (Findings on January 28, 2020)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of January 14, 2020, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of January 14, 2020, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of January 14,
2020, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of January 14, 2020, 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 January 14, 2020, incorporated by reference. The conditions are concluded to be
Meridian City Council Meeting Agenda January 28, 2020 – Page 129 of 229
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FOR BLINGEY CONDOMINIUMS – SHP H-2019-0131 - 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 January 14, 2020, 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 January 14, 2020
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EXHIBIT A
Page 1
HEARING
DATE:
01/14/2020
TO: Mayor & City Council
FROM: Sonya Allen, Associate Planner
208-884-5533
Bruce Freckleton, Development
Services Manager
208-887-2211
SUBJECT: H-2019-0131
Blingey Condominiums
LOCATION: 37 W. Archerfield Dr.
I. PROJECT DESCRIPTION
The Applicant proposes a Short Plat to condominiumize an existing building into two (2) spaces for
ownership purposes.
II. APPLICANT INFORMATION
A. Applicant:
KM Engineering, LLP – 9233 W. State St., Boise, ID 83714
B. Owner:
Blingey Properties, LLC – 37 W. Archerfield St., Meridian, ID 83646
C. Representative:
Stephanie Leonard, KM Engineering, LLP – 9233 W. State St., Boise, ID 83714
III. NOTICING
City Council
Posting Date
Legal notice published in
newspaper 12/27/2019
Radius notice mailed to property
owners within 300 feet 12/23/2019
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
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Applicant posted site with public
hearing notice sign 12/18/2019
Posted to Next Door 12/23/2019
IV. STAFF ANALYSIS
The short plat proposes to subdivide the air space of a 2-story 9,394 square-foot medical office
building currently under construction. The property was previously platted as Lot 1, Block 2,
Paramount Square Subdivision. The proposed short plat will create two (2) separate tenant spaces and
three (3) common areas for ownership purposes.
The proposed development obtained CZC and DES approval prior to submitting the short plat
application (A-2018-0298). Compliance with the design standards, parking and landscaping were
reviewed and approved with those applications.
Staff has reviewed the proposed short plat for substantial compliance with the criteria set forth in
UDC 11-6B-5A.2 and deems the short plat to be in substantial compliance with said requirements.
V. DECISION
A. Staff:
Staff recommends approval of the proposed short plat within the conditions noted in Section VII
of this report.
B. The Meridian City Council heard this item on 1/14/20. At the public hearing, the Council moved
to approve the subject SHP request.
1. Summary of the City Council public hearing:
a. In favor: Stephanie Leonard, Applicant’s Representative
b. In opposition: None
c. Commenting: None
d. Written testimony: Stephanie Leonard, Applicant’s Representative (in agreement with
staff report)
e. Staff presenting application: Cameron Arial
f. Other Staff commenting on application: None
2. Key issue(s) of public testimony:
a. None
3. Key issue(s) of discussion by City Council:
a. None
4. City Council change(s) to Commission recommendation:
a. None
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VI. EXHIBITS
A. Short Plat (date: 11/5/2019)
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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-03-006; PP-15-002; FP-15-020; Development Agreement Inst.
#103137116 and #113083665).
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, obtain the signatures of the Ada County
Highway District and the Central District Health Department.
4. The short plat prepared by KM Engineering stamped on 11/05/2019 by Kelly S. Kehrer,
included in Section VI.A shall be revised as follows:
a. Note #5: Include recorded instrument number.
5. Staff’s failure to cite specific ordinance provisions or conditions from the previous approvals
noted above does not relieve the Applicant of responsibility for compliance.
B. Public Works
Site Specific Conditions:
1. This site is currently receiving sanitary sewer and water service from the City of Meridian, and
no new services are being proposed with this application; therefore, the Public Works
Department has no comment.
2. 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.
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 C-G. The City Council finds the proposed short plat
complies with the Comprehensive Plan and is being 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 City Council finds that public services will be provided to this building and are adequate
to serve the site.
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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 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 City 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 City 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 City 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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