Hespurus SHP-2023-0005 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 subdivide an existing commercial lot
(R5652350045)into two(2)building lots on approximately 1.38 acres of land in the C-G zoning
district,by Antonio Conti,Ackerman-Estvold.
Case No(s). SHP-2023-0005
For the City Council Hearing Date of: January 9,2024 (Findings on January 23, 2024)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of January 9,2024,incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of January 9, 2024, incorporated by
reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of January 9,2024,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of January 9, 2024, 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(HESPERUS SUBDIVISION-SHP-2023-0005) - 1 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of January 9, 2024, 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 January 9,2024, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Short 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).
E. Judicial Review
Pursuant to Idaho Code § 67-652 1(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.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(HESPERUS SUBDIVISION-SHP-2023-0005) -2-
G. Attached: Staff Report for the hearing date of January 9,2024
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(HESPERUS SUBDIVISION-SHP-2023-0005) -3-
By action of the City Council at its regular meeting held on the 23rd day of January
2024.
COUNCIL VICE PRESIDENT JOE BORTON VOTED
COUNCIL MEMBER LIZ STRADER VOTED
COUNCIL MEMBER DOUG TAYLOR VOTED
COUNCIL MEMBER JOHN OVERTON VOTED
COUNCIL MEMBER ANN LITTLE ROBERTS VOTED
COUNCIL MEMBER LUKE CAVENER VOTED
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. Smison 1-23-2024
Attest:
Chris Johnson 1-23-2024
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: 1-23-2024
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(HESPERUS SUBDIVISION-SHP-2023-0005) -4-
EXHIBIT A
STAFF REPORTC�,WEIIDIAN --
COMMUNITY DEVELOPMENT DEPARTMENT .►A H O
HEARING 1/9/2024 Legend
DATE:
Project Location
TO: Mayor&City Council
FROM: Linda Ritter,Associate Planner
C2
208-884-5533
SUBJECT: SHP-2023-0005
L�O Rb
Hesperus Subdivision R
-88 ® R
LOCATION: 1737 S Meridian Rd.,in the SEC of -R- �
Section 24,T.3N.,R.1 W. _� ® L � �j R�4
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I. PROJECT DESCRIPTION
Short plat to subdivide Lot 4,Block 1,Medina Subdivision,consisting of 1.38 acres of land, into two
(2)building lots in the C-G zoning district.
II. APPLICANT INFORMATION
A. Applicant: Antonio Conti,Ackerman-Estvold—7661 W Riverside Dre, Ste 102, Garden City, ID
83714
B. Owner: Spencer Smith, Smith Frazier LLC—50 Henry Street, Cortez, CO 81321
C. Representative: Same as Applicant
III. NOTICING
City Council
Posting Date
Legal notice published in
12/24/2023
newspaper
Radius notice mailed to property
owners within 500 feet 12/15/2023
Posted to Next Door 12/11/2023
Page 1
IV. STAFF ANALYSIS
The short plat proposes to subdivide Lot 4,Block 1,Medina Subdivision, consisting of 1.38 acres of
land,into two(2)building lots in the C-G zoning district. The Short Plat is consistent with the
Commercial Future Land Use Map designation for this site.
The property is currently under construction for the installation of the approved Conditional use
Permit and certificate of zoning compliance and design review for a Chipotle restaurant and a two-
tenant building with the first tenant as a medical doctor's office.
Staff has reviewed the proposed short plat for compliance with the criteria set forth in UDC 11-6B-5
and deems the short plat in compliance with said requirements.
Access to this property is provided via an existing access point from S. Meridian Rd and W. Overland
Rd. The Fire Department has approved the design of the proposed drive aisles for the short plat. The
street buffer adjacent to the eastern boundary of the site along S. Meridian Rd. was constructed with
the subdivision improvements for Medina Subdivision. There is existing landscaping(i.e.trees and
lawn)along the street frontage that complies with the standards listed in UDC 11-3B-7.
Future development of the proposed lots should comply with the dimensional standards listed in UDC
Table 11-2B-3 for the C-G zoning district.
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 January 9, 2024. 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: Antonio Conti,Applicant
b. In opposition:None
c. Commenting: Antonio Conti
d. Written testimony: None
e. Staff presenting application: Linda Rjtter,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. Access within the development to the other businesses.
Page 2
VI. EXHIBITS
A. Short Plat(date: 12/1/23)
PLAT FOR
HESPERUS LANDING SUBDIVISION
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Page 3
B. Landscape Plan(dated: 2/24/23)
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Page 4
C. Site Plan(dated: 1/10/23)
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VII. CITY/AGENCY COMMENTS&CONDITIONS
A. Planning Division
Site Specific Conditions:
1. The Applicant shall comply with all previous conditions of approval associated with this
development: AZ-04-031 (Ord. #05-1179,DA Inst. #105134293)Meridian Gateway; VAR-
05-027 (access to SH-69/Meridian Rd.); MI-07-002 I"Addendum to DA(Inst. #107099630
Medina Subdivision);MDA-13-007 2'Addendum to DA(Inst. #2014-095963 Medina
Subdivision)PBA-2022-0017,H-2022-0094,A-2023-0060 and A-2023-0061as applicable.
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. The short plat prepared by Antonio Conti,Ackerman Estvold on 12/1/2023, included in
Section VI.A, shall be revised as follows:
a. Note#10: Include the recorded instrument number for the shared maintenance agreement,
this agreement will also need to address how drainage will be managed for the two
properties.
b. Call out and show the thirty-five(35') foot landscape buffer along Meridian Road.
Maintenance of this area shall be addressed in the maintenance agreement.
Page 5
4. Future development shall comply with the dimensional standards listed in UDC Table 11-2B-
3 for the C-G zoning district.
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
https://weblink.meridianciU.org/WebLink/DocView.aspx?id=313574&dbid=0&repo=Meridi
anCi
C. Fire Department
https:llweblink.meridianciU.org/WebLink/DocView.aspx?id=295088&dbid=0&repo=Meridi
anCi
D. Idaho Transportation Department
hgps://weblink.meridianciU.org/WebLinklDocView.aspx?id=313606&dbid=0&repo=Meridi
anCi
E. Idaho Department of Environmental Quality(IDEQ)
https:llweblink.meridiancity.orglWebLinkIDocView.aspx?id=313606&dbid=0&repo=Meridi
anCi
F. Ada County Highway District(ACHD)
https:llweblink.meridianciU.orglWebLink/DocView.aspx?id=313606&dbid=0&repo=Meridi
anCi
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. Staff finds the proposed short plat complies with the
short plat standards listed in UDC 11-6B-5. Future development should comply with the
dimensional standards for the C-G zoning district listed in UDC Table 11-2B-3.
B. Public services are available or can be made available and are adequate to accommodate
the proposed development;
Staff finds that public services is provided and are adequate to serve the proposed lots.
C. The plat is in conformance with scheduled public improvements in accord with the City's
capital improvements program;
Staff finds all required utilities are provided with lot development at the developer's expense.
D. There is public financial capability of supporting services for the proposed development;
Staff finds that the development will not require major expenditures for providing supporting
services as services are already being provided in this area.
E. The development will not be detrimental to the public health, safety or general welfare;
and
Page 6
Staff finds the proposed development will not be detrimental to the public health, safety or
general welfare.
F. The development preserves significant natural, scenic or historic features.
Staff is not aware of any significant natural, scenic or historic features associated with short
platting the structure on this site.
Page 7