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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 R-4� r =R-8 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 A PORTON OF THE SOUTHEAST IA OF THE --------------_e�y� rrazTrasriracFsr�noNaar.xi..R.�w.,eose MERDLAN.CITY OF MERDM,ADACGUNTY,IDA40 2023 SHEET 7 OF2 ------------------- I f ----- -- �•� ------------ ------------i ---- J B35o RATFOR H ESFERIS LANDI NG S UM MSION 2023 SHEET2OF2 CESi11FICATE OF CIXIHD'TRFA9JRER IL .wma.mrr.u.,.nxrwu,uc an MPFifNAL Li.bACOIMII'HCINMY DI^RiCf ora»amu wincm wmau�o ruem 'xammwo wrxm�mn �.o.wroxr w,x.u.ma....xrrcwu�.. vl�ncw aca IEALTH CERTIFlGTE Page 3 B. Landscape Plan(dated: 2/24/23) WNM- MM57-21—: C. G 9 LLJ Li ID FL 1—.03 Liz. Page 4 C. Site Plan(dated: 1/10/23) 2EE LU LU ---�— '— J = Y N Pj 2 s 0 B 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