Z - Signed Findings Item#8.
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW E IDIAN�'
AND DECISION& ORDER A
In the Matter of the Request for a Short Plat to condominiumize a vertically integrated 4-story
building consisting of one(1)commercial space and 33 residential units for ownership purposes on
0.429 acres of land in the O-T zoning district,by Bryan Appleby,Rennison Design.
Case No(s). SHP-2021-0001
For the City Council Hearing Date of: May 11,2021 (Findings on May 25, 2021)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of May 11,2021,incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of May 11,2021, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of May 11,2021,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of May 11,2021, 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.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Creamery South Condominiums—FILE#SHP-202 1-000 1)
- I Page 137
Item#8.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of May 11,2021, 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 May 11,2021, 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 11-6B-7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with I I-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).
Notice of Conditional Use Permit Duration
Please take notice that the conditional use permit,when granted, shall be valid for a maximum
period of two(2)years unless otherwise approved by the City. During this time,the applicant
shall commence the use as permitted in accord with the conditions of approval, satisfy the
requirements set forth in the conditions of approval, and acquire building permits and
commence construction of permanent footings or structures on or in the ground. For
conditional use permits that also require platting,the final plat must be signed by the City
Engineer within this two(2)year period.
Upon written request and filed by the applicant prior to the termination of the period in accord
with I I-5B-6.G.1,the Director may authorize a single extension of the time to commence the
use not to exceed one(1)two(2)year period. Additional time extensions up to two(2)years as
determined and approved by the City Council may be granted. With all extensions,the Director
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Creamery South Condominiums—FILE#SHP-202 1-000 1)
-2-
Page 138
Item#8.
or City Council may require the conditional use comply with the current provisions of Meridian
City Code Title 11(UDC 11-5B-6F).
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s) and returned to the city within six(6)months of the city council granting the
modification.
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six(6)month approval
period.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. 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 11,2021
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Creamery South Condominiums—FILE#SHP-202 1-000 1)
-3 Page 139
Item#8.
By action of the City Council at its regular meeting held on the 25th day of May 2021.
COUNCIL PRESIDENT TREG BERNT VOTED
COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED
COUNCIL MEMBER JESSICA PERREAULT VOTED
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER JOE BORTON VOTED
COUNCIL MEMBER LIZ STRADER VOTED
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. Simison 5-25-2021
Attest:
Chris Johnson 5-25-2021
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated:
5-25-2021
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Creamery South Condominiums—FILE#SHP-202 1-000 1)
-4 Page 140
►tem#s. EXHIBIT A
STAFF REPORT E IDIAN�.
COMMUNITY DEVELOPMENT DEPARTMENT J A H
HEARING 5/11/2021
DATE: Legend �C�' L-O0
Project Location E CARLTON A
TO: Mayor&City Council R-15
E STATE AVE
FROM: Joseph Dodson,Associate Planner R=4 `^
o
208-884-5533 n�I N o R-8
� Z M H
SUBJECT: SHP-2021-0001 R=15 R=8 E JDAHO AVEz
Creamery South Condominiums(a.k.a. �� Z Jz 13 W
O-T =,a ii
E BROADWAY AVE z
Old Town Lofts) O-T O-T o J L
O~T F O-T C
LOCATION: Project is located at 703 N. Main Street. 4
14
�Q E Bow —
C-G �O E ADA ST
C-G
L PROJECT DESCRIPTION
Short Plat request to condominiumize a vertically integrated 4-story building consisting of one(1)
commercial space and 33 residential units for ownership purposes on 0.429 acres of land in the O-T
zoning district,by City Center Redevelopment,LLC.
II. APPLICANT INFORMATION
A. Applicant:
Bryan Appleby,Rennison Design—410 E. State Street, Suite 120,Eagle,ID 83616
B. Owner:
City Center Redevelopment,LLC—410 E. State Street, Suite 100,Eagle, ID 83616
C. Representative:
Same as Applicant
III. NOTICING
City Council
Posting Date
Legal notice published in
newspaper
4/23/2021
Radius notice mailed to property
owners within 500 feet 4/21/2021
Pagel
Page 141
Item#8.
Posted to Next Door 4/21/2021
IV. STAFF ANALYSIS
The proposed short plat depicts subdivision of air space within a vertically integrated building that is
currently under construction to create 34 separate condominium units (33 residential and 1
commercial) for future ownership purposes.
According to the Applicant,there is no intention of utilizing these units as a for-sale product but is
proposing to condo-map the two Old Town Loft buildings in order to respond to any market changes
in the future.No piece of the development is structurally changing and nor are any revisions proposed
to parking, amenities, or open spaces; all of the project elements are remaining as previously
approved. The subject site obtained CZC and DES approval for a vertically integrated structure in
2019 and that building is currently under construction(A-2019-0032; Building"A"). In addition,the
property received Vacation approval(H-2019-0057)for a public utility easement and approval of a
Property Boundary Adjustment in 2019(A-2019-0164).
Due to the City's and Meridian Development Corporation's(MDC)involvement in the sale of the
subject property, Staff recommended the Applicant obtain a letter from MDC outlining their
understanding of the proposed short plat and confirm the proposal still complies with the joint
agreement. In response,the Applicant took this proposal to the MDC board and the board voted on
April 28,2021 to amend the existing agreement and include a new provision that the units be utilized
as rental units for a period of at least 5 years following construction completion. Therefore, Staff
finds this proposal to be compliant with the joint agreement between the City of Meridian,Meridian
Development Corp., and the property owners.
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 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 and in accord with the findings in Section VIII.
Council:
The Meridian City Council heard these items on May 11,2021,At the public hearing.the
Council moved to approve the subject Short Plat request.
1. Summary of the City Council public hearing:
a. In favor: Josh Evarts,Applicant Representative
b. In opposition:None
C. Commenting: Josh Evarts:Amanda Schaus,Applicant Legal Representation
d. Written testimony:None
e. Staff presenting application: Joseph Dodson,Associate Planner
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. Pose of condo platting property if there is no intent to sell units;
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Item#8.
b. Does the agreement to maintain units and for-rent units run with the land or with the
ownership—agreement likely runs with the land but if it does not,Applicant noted they are
not opposed to recording it against the land as well.
4. City Council change(s)to Staff Rep_ ort:
a. None
VIA EXHIBITS
A. Short Plat(date: March 25, 2021)
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Page 4
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Item#8.
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Page 5
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Item#8.
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Page 6
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Item#8.
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Page 7
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Item#8.
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: A-2019-0032 (CZC,DES, &ALT); H-2019-0057 (VAC);A-2019-0164
(PBA).
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 Sawtooth Land Surveying,LLC,prepared on March 25,2021 by
Jeff Beagley, included in Section VI.A shall be revised as follows:
a. Note#10: Include recorded parking easement agreement 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. There are no new changes to the domestic water or wastewater infrastructure serving this
development. The City will not bill individual condos owners for water and sewer usage.There
will be a single bill to the HOA, and it is the HOA's responsibility to bill tenants.
General Conditions:
2. 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.
3. Developer shall coordinate mailbox locations with the Meridian Post Office.
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 Old Town and the
current zoning district of the site is O-T. Council finds the proposed short plat complies with
the Comprehensive Plan and is being developed in accord with UDC standards for the existing
zoning district.
B. Public services are available or can be made available and are adequate to accommodate
the proposed development;
Council finds that public services will be provided to this property and are adequate to serve
the building sites currently under construction.
C. The plat is in conformance with scheduled public improvements in accord with the City's
capital improvements program;
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Item#8.
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;
Council finds that the development will not require major expenditures for providing
supporting services as services are already being provided to the immediate area.
E. The development will not be detrimental to the public health, safety or general welfare;
and
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.
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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