Z - Signed FindingsItem #11.
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW C�f[EFI
DIAN: -'
AND DECISION & ORDER
In the Matter of the Request for a Short Plat to create two buildable lots on 1.04 acres of land in the
C-C zoning district, by B&A Engineers Inc.
Case No(s). SHP-2021-0007
For the City Council Hearing Date of: October 26, 2021 (Findings November 9, 2021)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of October 26, 2021, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of October 26, 2021, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of October 26,
2021, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of October 26, 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.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of October 26, 2021, incorporated by reference. The conditions are concluded to be
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FOR (TRUST STORAGE SUBDIVISION NO 2 — FILE # H-2021-0007)
- 1 Page 108
Item #11.
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 October 26, 2021, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of 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 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 I I -
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 (TRUST STORAGE SUBDIVISION NO 2 — FILE # H-2021-0007)
-2-
Page 109
Item #11.
F. Attached: Staff Report for the hearing date of October 26, 2021.
By action of the City Council at its regular meeting held on the 9th
2021
COUNCIL PRESIDENT TREG BERNT
COUNCIL VICE PRESIDENT BRAD HOAGLUN
COUNCIL MEMBER JESSICA PERREAULT
COUNCIL MEMBER LUKE CAVENER
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER LIZ STRADER
MAYOR ROBERT SIMISON
(TIE BREAKER)
Attest:
day of November
VOTED
VOTED
VOTED
VOTED
\VL9111 o
VOTED
VOTED
Mayor Robert E. Simison 11-9-2021
Chris Johnson 11-9-2021
City Clerk
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By:
City Clerk's Office
Dated: 11-9-2021
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FOR (TRUST STORAGE SUBDIVISION NO 2 — FILE # H-2021-0007)
- 3 Page 110
Item #11.
WNN "I. It_1
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 10/26/2021
DATE:
TO: Mayor & City Council
FROM: Alan Tiefenbach, Associate Planner
208-498-0573
SUBJECT: SHP-2021-0007
Trust Storage Subdivision No. 2
LOCATION: SEC of E. Overland Rd. and S. Locust
Grove Rd.
( �/ WE IDIAN=
�a I -
I. PROJECT DESCRIPTION
The Applicant proposes a Short Plat to create two (2) buildable lots on approximately 1.04 acres in
the C-C zoning district.
II. APPLICANT INFORMATION
A. Applicant / Representative:
B&A Engineers Inc — 5505 W. Franklin Rd. Boise, ID 83705
B. Owner:
John Bliasdell — 904 E. Maple St, Caldwell, ID, 83605
I I I ►MI I [6J IeUl
Newspaper Notification
Radius notification mailed to
properties within 300 feet
City Council
Posting Date
10/ 10/202 l
10/7/2021
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Item #11.
IV. STAFF ANALYSIS
The Applicant proposes to subdivide the subject property (Lot 1 Block 1 of the Trust Storage
Subdivision) into a new plat consisting of 2 lots of approximately'/2 acre each.
The subject property is approximately 1.04 acres, is located near the southeast corner of E.
Overland Rd and S. Locust Grove Rd. and is zoned C-C. In 2000, 16.119 acres of land
(including the subject property) received annexation and zoning approval (AZ-00-004) with a
C-N zoning district (Resolution Business Park, Ordinance No. 882). A development
agreement was required as a provision of annexation (Instrument No. 10100056509).
In 2010, the property was rezoned from C-N to C-C and platted into 5 building lots as the
Somerton Subdivision (RZ-10-006, PP-10-006). A development agreement was required
with the rezone of the property and recorded as instrument #111037071. A conditional use
was approved to allow a car wash on a lot north of the subject property (CUP 10-011). In
2017, 9.28 acres of the property (including the subject property) was replatted as the Trust
Storage Subdivision (H-2017-0082) and a conditional use permit was approved to allow a
self -storage facility on Lot 2, Block 1, which is south and east of the subject property.
The present proposal is to subdivide the vacant 1.04 lot (Lot 1, Block 1) into two'/2 acre lots
for development of two separate commercial buildings. As requested by staff, the applicant
has submitted a concept plan to demonstrate all dimensional requirements can be met. The
plan reflects two commercial buildings of at least 3,000 sq. ft. on each lot and with associated
parking, setbacks and drive aisles. An existing cross access easement provides ingress and
egress from S. Locust Grove Rd. and to the north and south along the eastern property lines.
The short plat and landscape plan indicate a 25' wide landscape buffer within a 25' wide
landscape easement as required by UDC 11-2B-3 for arterial road and landscaped in accord
with the UDC 11-313-7C standards. Therefore, Staff finds the short plat meets the criteria for
approval per the criteria set forth in UDC 11-6B-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 Citv Council heard these items on October 26.2021. At the Dublic hearing. the
Council moved to approve the subject short plat request.
1.
Summary of the City Council public hearing:
a.
In favor: John Bliasdell
b.
In opposition: None
c.
Commenting None
d.
Written testimony: None
e.
Staff presenting -application: Alan Tiefenbach
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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Item #11.
VI. EXHIBITS
A. Existing Trust Filing 1 Subdivision
PLAT 5HOWING
TRUST STORA GE SUBDI VISION
LOCATED IN THE NW 1 f4 OF NW 1 f4 SECTION 20,
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Item #11.
B. Proposed Short Plat (date: 9/2/2021)
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Page 5
15
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Item #11.
C. Proposed Site Plan Layout (date: 9/2/2021)
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CURRENT ZONING: C-C NW34'181'E01
OFESTRFET PAWNG SPACES REQIJIREG=9 GIFFSTREET PARKING SPACES�REOIPER WERIDL0.N GLEE 11-3Cr6.9.1 PER MERMAN CODE 1��D(1 PER 500 GOSS SF. OF 9ULDINGj P PER 8W GROSS S.F. GAF 9LiLD
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Item #11.
VII. CITY/AGENCY COMMENTS & CONDITIONS
A. Planning Division
Site Specific Conditions:
1. The short plat prepared by B&A Engineers, Inc. included in Section VI. is approved
as submitted.
2. Applicant shall comply with all previous conditions of approval associated with this
development (H-2017-0082, DA Instr. 111037071).
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. Development of any lot shall require submission of a Certificate of Zoning
Compliance and Design Review application per UDC- 11-5B-1 and UDC 11-5B-8 and
shall meet all applicable requirements of City of Meridian code.
5. 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.
6. The existing 25-foot wide landscape buffer along S. Locust Road shall remain protected
during construction on the lots in accord with UDC 11-313-10.
B. Public Works
1. Any changes to Public Works infrastructure must be reviewed by Public Works prior to
construction.
2. Any unused services or mains must be abandoned at the main that will remain in
service.
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-C. The proposed short plat complies with the
Comprehensive Plan and will be developed in accord with UDC standards.
B. Public services are available or can be made available and are adequate to
accommodate the proposed development;
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;
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Item #11.
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;
Council 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
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.
Council is not aware of any significant natural, scenic or historic features associated with
the development of this site.
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