Julie Rivers Condominium SHP-2022-0009 Findings CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI
DIAN:-~'
AND DECISION&ORDER
In the Matter of the Request for Short Plat request to condominiumize eight(8) office buildings for
ownership purposes,by Julie Rivers Development.
Case No(s). SHP-2022-0009
For the City Council Hearing Date of: August 16,2022 (Findings on August 23, 2022)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of August 16,2022, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of August 16, 2022, incorporated by
reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of August 16,
2022, incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of August 16, 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.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of August 16,2022,incorporated by reference. The conditions are concluded to be
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(JULIE RIVERS OFFICE CONDOS-FILE#SHP-2022-0009)
- I -
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 August 16,2022,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 1I-
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 11-5B-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
or City Council may require the conditional use comply with the current provisions of Meridian
City Code Title 11(UDC 11-513-6F).
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(JULIE RIVERS OFFICE CONDOS-FILE#SHP-2022-0009)
-2-
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. Judicial Review
Pursuant to Idaho Code § 67-6521(1)(d), if this final decision concerns a matter enumerated in Idaho
Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight
(28)days after all remedies have been exhausted, including requesting reconsideration of this final
decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as
provided by chapter 52,title 67,Idaho Code. This notice is provided as a courtesy; the City of
Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA.
F. Notice of Right to Regulatory Takings Analysis
Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the
subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory
takings analysis.
G. Attached: Staff Report for the hearing date of August 16, 2022.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(JULIE RIVERS OFFICE CONDOS-FILE#SHP-2022-0009)
-3 -
By action of the City Council at its regular meeting held on the 23rd day of August
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 8-23-2022
Attest:
Chris Johnson 8-23-2022
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: 8-23-2022
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(JULIE RIVERS OFFICE CONDOS-FILE#SHP-2022-0009)
-4-
EXHIBIT A
STAFF REPORT E COMMUNITY
N --
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 8/16/2022 Legend
DATE: Project Location R-4
TO: Mayor&City Council
FROM: Joseph Dodson,Associate Planner RUT RUT � 4
208-884-5533 R, S. 8
SUBJECT: SHP-2022-0009 ® C-C
- RT
Julie Rivers Office Condominiums R1 U C-NC-C a o
R-15
LOCATION: Project is located at the northeast corner R1 p ® TN-R
R�4 9e ®o
of N. Linder Road and W.Ustick Road. Rr81
® RUT R-8
RUT
1. PROJECT DESCRIPTION
Short Plat request to condominiumize eight(8)office buildings for ownership purposes,by Julie
Rivers Development.
II. APPLICANT INFORMATION
A. Applicant:
Justin Waters,Julie Rivers Development— 1716 N. Stagno Bello Place,Eagle,ID 83616
B. Owner:
MRS Landholdings,LLC— 1716 N. Stagno Bello Place, Eagle, ID 83616
C. Representative:
Same as Applicant
III. NOTICING
City Council
Posting Date
Legal notice published in
newspaper
7/31/2022
Radius notice mailed to property
owners within 500 feet 7/28/2022
Page 1
Posted to Next Door 7/29/2022
IV. STAFF ANALYSIS
The proposed short plat depicts subdivision of air space within eight(8) separate office buildings that
are currently under construction and located on the same property at the northeast corner of the
Linder and Ustick intersection. The proposed short plat aims to create 32 separate office
condominium units for fixture ownership purposes—each building contains four(4)tenant suites so 8
times 4 gets us to the 32 office condo units.
According to the Applicant, all of the previously approved project elements are remaining with no
anticipated changes; none are proposed with this application. The subject site obtained CZC and DES
approval for each building in 2021 (Sawtooth Landing CZC Building,A-2021-0106 &A-2021-0133-
0138)with all associated building permits being approved and most buildings currently under
construction. In addition,the property received Development Agreement Modification approval in
2021 to update the concept plan(H-2021-0016); the subject application is in compliance with these
previous approvals.
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 August 16,2022. 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: Mark Bigelow,Applicant:Justin Waters.Applicant Representative
b. In opposition:None
c. Commenting: Justin Waters
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. Exterior design of buildings to match what is shown in presentation:
Type of condo plat,i.e. who maintains the exterior of the buildings if dozens of
owners=Applicant states only interior of buildings are sold and the business HOA will
own and maintain the site and exterior of the buildings.
4. City Council change(s)to Commission recommendation.
a. None
Page 2
VI. EXHIBITS
A. Short Plat(date: June 9,2022)
Plat Showing
Julie Rivers Office Condominiums x
Located within the South 1/2 of the Southwest 1/4 of the Southwest 1/4 of the
Southwest 1/4 of Section 36, Township 4 North, Range 1 West, Boise Meridian,
CFdtl City of Meridian, Ada County, Idaho.
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Page 3
Julie Rivers Office Condominiums
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Page 4
B. Previously Approved Plans (A-2021-0106)
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Page 5
Page 6
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: H-2021-0016 (MDA);A-2021-0106 (CZC for building 4 and overall site); A-
2021-0133 —0138 (CZC for buildings 1-3 and 5-8).
2. If the City Engineer's signature on this plat 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 Idaho Survey Group,LLC,prepared on June 9,2022 by Cody
McCammon, included in Section VI.A shall be revised as follows:
a. Note#8: Include recorded 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. Condominium Declaration for condo owners must state the following:
a. Association.Julie Rivers Office Condominiums at Sawtooth Landing Association,Inc., an
Idaho non-profit corporation organized pursuant to the Idaho Nonprofit Corporation Act,its
successors and assigns, of which all Owners shall be members,which corporation shall be
the governing and administrative body for all Owners for the protection,preservation,
upkeep,maintenance,repair,operation and replacement of the common elements, and the
government,operation and administration of the Condominium and the Condominium
hereby established.
b. Limited Common Elements. The Limited Common Elements,being those Common
Elements which are hereby designated as reserved for the use by specified Owners to the
exclusion of others, consist of the following(if any):
air handlers,pipes, ducts, electrical wiring, communication equipment, conduits, chutes,
flues, ducts,wires,plumbing fixtures,bearing walls,bearing columns or other fixtures are
partially within and/or partially outside the designated boundaries of a Unit,that portion
serving only that Unit is a Limited Common Element;however,that portion serving more
than one Unit or the Common Elements is a part of the General Common Elements
c. Utilities. Each Owner shall bear the cost of any utility service for his or her Unit which is
individually metered and billed directly by the utility company furnishing such service to
such Owner. Except to the extent such costs are borne by each Owner as set forth in the
preceding sentences,the cost of water, electricity,gas,trash removal and any other utility
service shall be a Common Expense. With the exception of common ownership with other
Owners,no Owner shall be deemed to own the utilities which run through his or her Unit
and serve one or more other Units.
Page 7
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 11-3B-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. 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. 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 11-14B.
13. Compaction test results shall be submitted to the Meridian Building Department for all building
Page 8
pads receiving engineered backfill,where footing would sit atop fill material.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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
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.
19. Applicant shall be responsible for application and compliance with and NPDES permitting that
may be required by the Environmental Protection Agency.
20. 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.
21. 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.
22. 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.
Page 9
23. 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
Community and the current zoning district of the site is C-C. City 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;
City 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;
City 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;
City 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
City Council finds the proposed short plat to condominiumize the existing or approved
structures will not be detrimental to the public health, safety or general welfare.
F. The development preserves significant natural,scenic or historic features.
City Council is not aware of any significant natural, scenic or historic features associated with
short platting the structure on this site.
Page 10