Gyro Subdivision (H-2020-0061) Findings Item#6.
CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI N~'
AND DECISION&ORDER A,
In the Matter of the Request for a Short Plat to create two buildable lots,by Tealey's Land
Surveying.
Case No(s).H-2020-0061
For the City Council Hearing Date of: July 28,2020 (Findings on August 11,2020)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of July 28,incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of July 28,2020, incorporated by
reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of July 28,2020,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of July 28, 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 as
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by
ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian,
which was adopted December 17,2019,Resolution No. 19-2179 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 July 28, 2020, incorporated by reference. The conditions are concluded to be
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(GYRO SHORT PLAT—FILE#H-2020-0061) - I -
Item#6.
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 July 28,2020, 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 11-613-7A).
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 11-613-713).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-613-7.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 1I-
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.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(GYRO SHORT PLAT—FILE#H-2020-0061) -2-
Item#6.
F. Attached: Staff Report for the hearing date of July 28,2020.
By action of the City Council at its regular meeting held on the 1 Ith day of August 2020
COUNCIL PRESIDENT TREG BERNT VOTED AYE
COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED AYE
COUNCIL MEMBER JESSICA PERREAULT VOTED AYE
COUNCIL MEMBER LUKE CAVENER VOTED AYE
COUNCIL MEMBER JOE BORTON VOTED AYE
COUNCIL MEMBER LIZ STRADER VOTED AYE
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. Simison
Attest:
Chris Johnson
City Clerk
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: Dated: 8-11-2020
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(GYRO SHORT PLAT—FILE#H-2020-0061) -3-
Item#6.
EXH I BIT A
STAFF REPORTC�WE IDIANn-=-
COMMUNITY DEVELOPMENT DEPARTMENT A H O
HEARING 7/28/2020 Legend
DATE:
TO: Mayor&City Council
FROM: Alan Tiefenbach,Associate Planner
208-498-0573 - - - --
SUBJECT: H-2020-0061
Gyro Short Plat
LOCATION: 3030 E. Magic View Drive -
.00
I. PROJECT DESCRIPTION
The Applicant proposes a Short Plat to create two(2)buildable lots on approximately 0.973 acres in
the L-O zoning district.
IL APPLICANT INFORMATION
A. Applicant:
Pat Tealey—Tealey's Land Surveying— 12594 W. Explorer Drive, Boise,ID 83713
B. Owner:
Douglas Miller-412 E. Parkcenter Blvd,Tuite 205,Boise,ID 83706
C. Representative:
Jeff Hatch,Hatch Design Architecture—200 W. 361" Street, Boise,ID 83714
III. NOTICING
City Council
Posting Date
Newspaper Notification 7/10/2020
Radius notification mailed to
properties within 300 feet 7/8/2020
Page 1
Item#6.
IV. STAFF ANALYSIS
The Applicant proposes to subdivide the subject property(Lot 3 Block 1 of the Boyd Subdivision)
into a new plat consisting of 2 lots. The eastern 0.60 acres(Lot 1)will contain an existing restaurant
(Gyro Shack). The western vacant 0.38 acres will be separated into Lot 2.
The subject property is approximately 0.97 acres,is located in the northwest quadrant of S. Eagle
Road and E.Magic View Drive, and is zoned L-O. The property was annexed into the City in early
2000 and is regulated under Development Agreement No. 100021869. The Development Agreement
restricts the land use to professional office uses only.
In 2002,the Development Agreement was amended(#102067379)to allow a drive through restaurant
at the southeast portion of the property. Concurrently with the amended development agreement, a
conditional use(CUP 01-045)was approved to allow a 1,700 square foot Subway Restaurant(with a
drive through.)A Certificate of Zoning Compliance(CZC 02-060)for the Subway was approved in
November of 2002 and the Subway was constructed. In 2019,the Subway was converted into a Gyro
Shack. The western portion of the site(at the corner)has remained undeveloped.Five-foot wide
sidewalks have already been installed along the entire lengths of E. Magic View Drive and S. Allen
Street,but landscape buffers only exist along street frontages adjacent to the developed portions of
the property.
Staff has reviewed the proposed short plat for substantial compliance with the criteria set forth in
UDC I I-6B-5 and deems the short plat to be in substantial compliance with said requirements. Per
UDC 11-213-3, a 10' landscape buffer is required along E.Magic View Drive(a local road) and a 20'
wide landscape buffer is required along S. Allen Street(a collector road).UDC 11-313-7-2b requires
all commercial, industrial and other nonresidential street buffers to be on a common lot or in a
permanent dedicated buffer,maintained by the property owner or business owners'association. Also,
UDC 11-3A-3 states"where access to a local road is available,the applicant shall reconfigure the site
circulation plan to take access from such local street.Where access to a local street is not available,
the property owner shall be required to grant cross access/ingress easements to adjoining
properties."The developed portion of the site (proposed as Lot 1)presently takes access from E.
Magic View Drive, a local road. There is no access to Lot 2 from S. Allen Street. The applicant
should be required to dedicate cross access easements from Lot 1 to Lot 2 as a condition of approval
of this short plat.
It is important to note the existing conditional use only allows restaurant uses on the southeastern
portion of the property(Lot 1). If any future use is proposed for Lot 2 other than professional offices,
another conditional use will be required.
Staff has reviewed the requested short plat proposal and has determined that it meets the criteria for
approval per UDC 11-613-5.
V. DECISION
A. Staff:
Staff recommends approval of the proposed short plat with the conditions noted in Section VII of
this report.
B. The Meridian City Council heard this item on July 28,2020.At the public hearing,the Council
moved to approve the subject short plat request.
1. Summary of the City Council public hearing:
Page 2
Item#6.
a. In favor: Douglas Miller.Owner
b. In opposition:None
C. Commenting: Douglas Miller.Owner
d. Written testimony: None
e. Staff presenting application: Alan Tiefenbach
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
Page 3
Item#6.
VI. EXHIBITS
A. Existing Boyd Subdivision
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Page 4
Item#6.
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Page 5
Item#6.
VII. CITY/AGENCY COMMENTS & CONDITIONS
A. Planning Division
Site Specific Conditions:
1. The short plat prepared by Patrick Tealey of Teley's Land Surveying included in Section
VI.B shall be revised as follows:
a) The plat shall be revised to reflect a common lot or permanent dedicated buffer
easement sufficient to contain a 20' landscape buffer along S. Allen Road and
10' wide buffer along E. Magic View Drive.
b) Add a note to the plat that specifies the shared access between the two lots or
graphically depict a cross-access/ingress-egress easement between Lot 1 and Lot
2 in accord with the provisions of UDC 11-3A-3A2.
c) Add a note to the plat that prohibits direct lot access to S. Allen Street.
d) N. Allen Street on the plat shall be replaced with S. Allen Street.
2. Prior to the City Engineer's signature on the plat, a landscape plan shall be submitted to the
City for review and approval,which meets the street buffer requirements of UDC 11-313-7.
Required street buffers will be comprised of landscaping type and density consistent with
what has already been installed along S. Allen Street to the north and E. Magic View Drive to
the east.
3. Applicant shall comply with all previous conditions of approval associated with this
development(AZ 99-022, DA 100021869,DA 102067379, CUP 01-045, CZC 02-060).
4. 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 11-613-7.
5. Development of any lot shall require submission of Certificate of Zoning Compliance and
Design Review per UDC-I 1-5B-1 and shall meet all applicable requirements of City of
Meridian code.
6. Staff s failure to cite specific ordinance provisions or conditions from the previous approvals
as noted in condition 3. above,does not relieve the Applicant of responsibility for compliance.
B. Public Works
Site Specific Conditions:
1. Each lot shall be required to have independent water and sewer services. Any existing
services that are not to be used, or happen to be outside of the standard locations shall be
abandoned per the Public Works Department requirements.
General Conditions:
1. Sanitary sewer service to this development is available via existing mains adjacent to the
development.
2. Water service to this site is available via existing mains adjacent to the development.
3. All improvements related to public life,safety and health shall be completed prior to occupancy
of the structures. Where approved by the City Engineer, an owner may post a performance
surety for such improvements in order to obtain City Engineer signature on the final plat as set
Page 6
Item#6.
forth in UDC 11-5C-3B.
4. Upon installation of the landscaping and prior to inspection by Planning Department staff,the
applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A.
5. 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.
6. The City of Meridian requires that the owner post with the City a performance surety in the
amount of 125% of the total construction cost for all incomplete sewer, water infrastructure
prior to final plat signature. This surety will be verified by a line item cost estimate provided
by the owner to the City. The applicant shall be required to enter into a Development Surety
Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable
letter of credit, cash deposit or bond. Applicant must file an application for surety, which can
be found on the Community Development Department website. Please contact Land
Development Service for more information at 887-2211.
7. The City of Meridian requires that the owner post to the City a warranty surety in the amount
of 20% of the total construction cost for all completed sewer, and water infrastructure for a
duration of two years. This surety amount will be verified by a line item final cost invoicing
provided by the owner to the City.The surety can be posted in the form of an irrevocable letter
of credit, cash deposit or bond. Applicant must file an application for surety, which can be
found on the Community Development Department website. Please contact Land
Development Service for more information at 887-2211.
8. Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
9. 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.
10. Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
11. Developer shall coordinate mailbox locations with the Meridian Post Office.
12. All grading of the site shall be performed in conformance with MCC 11-1-4B.
13. 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.
14. 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.
15. At the completion of the project, the applicant shall be responsible to submit record drawings
per the City of Meridian AutoCAD standards. These record drawings must be received and
approved prior to the issuance of a certification of occupancy for any structures within the
proj ect.
16. The applicant shall provide easement(s)for all public water/sewer mains outside of public right
of way(include all water services and hydrants). The easement widths shall be 20-feet wide
Page 7
Item#6.
for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,
but rather dedicated outside the plat process using the City of Meridian's standard forms. The
easement shall be graphically depicted on the plat for reference purposes. Submit an executed
easement(on the form available from Public Works), a legal description prepared by an Idaho
Licensed Professional Land Surveyor, which must include the area of the easement (marked
EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for
review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO
NOT RECORD. Add a note to the plat referencing this document. All easements must be
submitted,reviewed, and approved prior to signature of the final plat by the City Engineer.
17. Applicant shall be responsible for application and compliance with and NPDES permitting that
may be required by the Environmental Protection Agency.
18. 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 Commercial.The current
zoning district of the site is L-O. 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 improvements for 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
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.
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