Healthy Living Condominiums No. 2 SHP-2022-0001 Findings Item#8.
CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAWC f1E bN,,
AND DECISION& ORDER
In the Matter of the Request for Short plat to Condominiumize Portions of an Existing Building to
Create Two(2)Units for Ownership Purposes with Five(5)Limited Common Areas for Healthy
Living Condominiums No. 2,by KM Engineering,LLP.
Case No(s). SHP-2022-0001
For the City Council Hearing Date of: March 1,2022 (Findings on March 15,2022)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of March 1,2022, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of March 1,2022,incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of March 1,2022,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of March 1,2022,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 § I I-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 HEALTHY LIVING CONDOMINIUMS NO.2 SHP-2022-0001
- I - Page 99
Item#8.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of March 1,2022, 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 § I I-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 a short plat is hereby approved per the conditions of approval in the
Staff Report for the hearing date of March 1,2022, 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 11-6B-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-
613-7C).
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 March 1,2022
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR HEALTHY LIVING CONDOMINIUMS NO.2 SHP-2022-0001
-2-
Page 100
By action of the City Council at its regular meeting held on the 15th day of March
2022.
COUNCIL PRESIDENT BRAD HOAGLUN VOTED
COUNCIL VICE PRESIDENT JOE BORTON VOTED
COUNCIL MEMBER JESSICA PERREAULT VOTED
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER TREG BERNT VOTED
COUNCIL MEMBER LIZ STRADER VOTED
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. Simison 3-15-2022
By Brad Hoaglun, Council President
Attest:
Chris Johnson 3-15-2022
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: 3-15-2022
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR HEALTHY LIVING CONDOMINIUMS NO.2 SHP-2022-0001
-3-
Item#8.
EXHIBIT A
STAFF REPORT C�WEIIQI !iv�*--
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 3/l/2022
DATE:
TO: Mayor&City Council
'F a
f I�l�1
FROM: Sonya Allen,Associate Planner c=AM=IT-r�,RD=
208-884-5533
E IGLHIGA�R � L . r
SUBJECT: SHP-2022-0001 ?y
xis
!4 rMaC ltt gp LH
Healthy Living Condominiums No. 2
LOCATION: 5155 S. Hillsdale Ave., located in the
NW 1/4 of Section 33,T.3N. RJE. Y ;
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I. PROJECT DESCRIPTION
Short plat to condomiumize portions of an existing building to create two(2)units for ownership
purposes with five(5)limited common areas,by KM Engineering,LLP.
II. APPLICANT INFORMATION
A. Applicant:
Nick Bruyn,KM Engineering,LLP—5725 N. Discovery Way,Boise,ID 83713
B. Owner:
Young Men's Christian Association of Boise City,Idaho 1177 W. State St., Boise,ID 83702
C. Representative:
Same as Applicant
III. NOTICING
City Council
Posting Date
Legal notice published in
newspaper
2/13/2022
Radius notice mailed to property
owners within 500 feet 2/14/2022
Posted to Next Door 2/14/2022
Page 1
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Item#8.
IV. STAFF ANALYSIS
The Applicant proposes a re-subdivision of existing limited common areas(i.e. LC2 and LC3)of
Healthy Living Condominiums (H-2017-0075). Portions of the existing limited common areas have
been converted to tenant spaces resulting in the reduction and reconfiguration of limited common
areas. The proposed short depicts subdivision of air space within an existing building on the YMCA
property to create two(2)units(i.e. 8 and 9) for ownership purposes with five(5)limited common
areas. In order to accommodate separate ownership and to delineate between limited common areas
between the YMCA and St. Luke's portions of the building,the air space in the existing structure is
proposed to be condominiumized as shown on the short plat in Section VI.A.
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
A. 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.
B. The Meridian City Council heard this item on March 1,2022.At the public hearing.the Council
moved to approve the subject SHP reguest.
1. Summary of the City Council public hearing:
a. In favor: Stephanie Hopkins,KM Engineering(Applicant's Representative)
b. In opposition:None
C. Commenting: None
d. Written testimony: Stephanie Hopkins,KM Engineering(Applicant's Representative)
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 2
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Item#8.
VI. EXHIBITS
A. Short Plat(date: 10/5/2021)
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HEALTHY LIVING OONDOMINIUMS No.2
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Page 3
Page 104
Item#8.
PLAT OF
HEALTHY LIVING CONDOMINIUMS No.2
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Page 4
Page 105
Item#8.
PLAT OF
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Page 5
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Item#8.
VII. CITY/AGENCY COMMENTS & CONDITIONS
A. Planning Division
Site Specific Conditions:
1. Applicant shall meet all terms of the annexation & zoning and development agreement (AZ-
14-012, Inst. #2015-003138; PP-14-014; H-2017-0075) approved for this property.
2. The final plat prepared by KM Engineering, stamped on 5/11/2017 by Kelly S. Kehrer, shall
be revised as follows:
a. Note#5: Include the recorded instrument number for the amended declarations.
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. 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.
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. Sanitary sewer service to this development is available via extension of existing mains adjacent
to the development. The applicant shall install mains to and through this subdivision; applicant
shall coordinate main size and routing with the Public Works Department,and execute standard
forms of easements for any mains that are required to provide service. Minimum cover over
sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than
alternate materials shall be used in conformance of City of Meridian Public Works Departments
Standard Specifications.
3. Water service to this site is available via extension of existing mains adjacent to the
development. The applicant shall be responsible to install water mains to and through this
development, coordinate main size and routing with Public Works.
4. 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
forth in UDC 11-5C-3B.
5. 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 11-313-14A.
6. 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.
7. The City of Meridian requires that the owner post with the City a performance surety in the
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Item#8.
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.
8. 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.
9. 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.
10. 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.
11. 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.
12. Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
13. Developer shall coordinate mailbox locations with the Meridian Post Office.
14. All grading of the site shall be performed in conformance with MCC 11-1-4B.
15. 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.
16. The engineer shall be required to certify that the street centerline elevations are set a minimum
of 3-feet above the highest established peak groundwater elevation. This is to ensure that the
bottom elevation of the crawl spaces of homes is at least 1-foot above.
17. 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.
18. 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
project.
19. 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
contractor's work and materials shall conform to the ISPWC and the City of Meridian
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Item#8.
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.
20. 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
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 I I" 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.
21. Applicant shall be responsible for application and compliance with and NPDES permitting that
may be required by the Environmental Protection Agency.
22. Any wells that will not continue to be used must be properly abandoned according to Idaho
Well Construction Standards Rules administered by the Idaho Department of Water
Resources. The Developer's Engineer shall provide a statement addressing whether there are
any existing wells in the development, and if so,how they will continue to be used, or provide
record of their abandonment.
23. 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.
24. 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.
25. 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 Mixed Use -
Neighborhood. The current zoning district of the site is C-N. The City Council finds the
proposed short plat complies with the Comprehensive Plan and the dimensional standards in
the UDC for the C-N district.
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 are adequate to serve the site.
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Item#8.
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 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;
The City Council finds that the development will not require major expenditures for providing
supporting services. Sewer,water,utilities and pressurized irrigation already serve the project.
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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