Victory Commons Condominiums SHP-2022-0002 Findings and Order 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 Building to Create
Ten(10)Units for Ownership Purposes,on 2.419 Acres of Land in the C-G Zoning District,by
BVA Development.
Case No(s). SHP-2022-0002
For the City Council Hearing Date of: March 22, 2022 (Findings on April 5,2022)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of March 22,2022,incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of March 22, 2022, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of March 22, 2022,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of March 22,2022, 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 § 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(Victory Commons Condominiums—FILE#SHP-2022-0002)
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7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of March 22, 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 § 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 March 22,2022, 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 11-6B-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 1I-
6B-7C).
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
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Victory Commons Condominiums—FILE#SHP-2022-0002)
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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 March 22,2022
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Victory Commons Condominiums—FILE#SHP-2022-0002)
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By action of the City Council at its regular meeting held on the 5th day of April
2022.
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 4-5-2022
Attest:
Chris Johnson 4-5-2022
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: 4-5-2022
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Victory Commons Condominiums—FILE#SHP-2022-0002)
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item#21. EX H I BIT A
STAFF REPORTC�WE IDIANn-=-
COMMUNITY DEVELOPMENT DEPARTMENT A H O
HEARING 3/22/2022
Legend e
DATE:
�F*c�ecy LocoSar.
TO: Mayor&City Council
FROM: Alan Tiefenbach,Associate Planner
208-884-5533
SUBJECT: SHP-2022-0002
Victory Commons Condominiums
LOCATION: The site is located at 2976 S. Meridian _
Rd., in the southwest 1/4 of Section 19,
T.3N. R.IE.
5
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1. PROJECT DESCRIPTION
Short plat to condominiumize an existing building to create ten(10)units for ownership purposes,by
BVA Development.
II. APPLICANT INFORMATION
A. Applicant:
Jackson Cleverley,BVA Development—2775 W.Navigator Dr,Meridian,ID 83642
B. Owner:
BVA Victory Commons Flex No 1 LLC-PO Box 51298,Idaho Falls, Idaho 83405
C. Representative:
Same as Applicant
III. NOTICING
City Council
Posting Date
Legal notice published in
newspaper 3/6/2022
Radius notice mailed to property
owners within 500 feet 3/7/2022
Posted to Next Door 3/8/2022
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Item#21.
IV. STAFF ANALYSIS
The subject property contains an existing 29,600 sq. ft. flex building which was approved by
Certificate of Zoning Compliance in April of 2020(A-2020-0007). At the time the CZC was
approved,the property was being constructed on a lot that was platted with the Mussell Corner
Subdivision.
In June of 2020,the property was replatted as Lot 4,Block 1 of Victory Commons Subdivision(H-
2020-0086). In March of 2022,the lot was reconfigured as Lot 4, Block 2 of Victory Commons
Subdivision No. 2(H-2021-0054).
The present proposal is to condominiumize the existing building into 10 units of air space. The
individual unit spaces can be seen on Page 2 of the short plat shown 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 these items on March 22,2022.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: Tom Peterson
b. In opposition:None
C. Commenting: None
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. One citizen testified with concerns re ag rding traffic and construction impacts of the
Victory Commons development.
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#21.
VI. EXHIBITS
A. Short Plat(date: 11/8/2021)Cd'
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Item#21.
VICTORY COMMONS CONDOMINIUMS BOOK-PAGE-
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Item#21.
VII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
Site Specific Conditions:
1. All development shall comply with the terms of the approved preliminary plat(H-2019-
0150), development agreement(Inst. 2019-119405), final plat(H-2021-0054), certificate of
zoning compliance(A-2020-0007) and any future amendments to that agreement as
applicable.
2. 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.
3. 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
(Common) SITE SPECIFIC CONDITIONS:
1. Developer is required to enter into a reimbursement agreement for the installation of one streetlight
that was installed on Chinden Boulevard as part of the widening project.The developer is required
to sign the reimbursement agreement and pay the installation amount of$8,465.00 prior to signature
of the plat.
2. No changes to public works infrastructure was shown with the application, any public works
changes must be reviewed by public works engineering prior to approval or construction.
GENERAL CONDITIONS:
1. 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.
2. 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.
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 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 11-313-14A.
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
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Item#21.
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. 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.
9. 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.
10. 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.
11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that
may be required by the Army Corps of Engineers.
12. Developer shall coordinate mailbox locations with the Meridian Post Office.
13. All grading of the site shall be performed in conformance with MCC 11-1-413.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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 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.
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Item#21.
19. 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.
20. Applicant shall be responsible for application and compliance with and NPDES permitting that
may be required by the Environmental Protection Agency.
21. 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.
22. 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.
23. 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.
24. 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 C-G. 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;
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#21.
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. 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
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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