Second & Broadway - SHP-11-001FINDINGS OF FACT, CONC~L SIU ONS OF LAW (~~ 1~1L~1 ~1 %-
AND IDAHb
DECISION & ORDER
In the Matter of Short Plat for the Second and Broadway Condominiums, Located on Northeast
Corner of N. East 2°`~ Street and E. Broadway Avenue, by Meridian Development Corporation.
Case No(s). SHP-11-001
For the City Council Hearing Date of: November 15, 2011 (Findings on December 6, 2011)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of November 15, 2011, incorporated
by reference)
2. Process Facts (see attached Staff Report far the hearing date of November 15, 2011, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of November 15,
2011, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of November 15, 2011, 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 (LC. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the hnpact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA.
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
Planning Department, the Public Works Department and any affected party requesting notice.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). SHP-I1-001
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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 November 15, 2011, 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-SA 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 conditionally approved per the conditions of
approval in the attached Staff Report for the hearing date of November 15, 2011, 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 (iJDC 11-6B-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, maybe 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 maybe 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 (iJDC 11-
6B-7C).
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review maybe filed.
2. 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 maybe adversely affected by the final action of the
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSTONS OF LAW AND DECISION & ORDER
CASE NO(S). SHP-11-001
-2-
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 November 15, 2011
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). SHP-11-001
-3-
By action of the City Council at its regular meeting held on the
2011.
COUNCIL PRESIDENT DAVID ZAREMBA
COUNCIL VICE PRESIDENT BRAD HOAGLUN
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIlZD
MAYOR TAMMY de WEERD
(TIE BREAKER)
de Weerd
4~~8D Au !!
Attest: God ~,,9
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day of ° ~ e yr'~'a'') ,
VOTED CA.
0
VOTED ~'
VOTED
VOTED
VOTED '~~
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E Ii3~AN
IQANO
Jaycee man, City Clerk °'~ ~,, ~,
Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney.
Dated: ~ a 7 02 d
Cit le c's ice
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAVV AND DECISION & ORDER
CASE NO(S). SHP-11-001
-4-
EXHIBIT A
STAFF REPORT
Hearing Date:
TO:
FROM:
November 15, 2011
Mayor and City Council
Bill Parsons, Associate City Planner
208-884-5533
Scott Steckline, Land Development Supervisor
208-887-2211
~~i1~1 E IDIAN~--
1l:3AH0
SUBJECT: SHP-11-001 -Second and Broadway
I. APPLICATION SUMMARY
The applicant, Meridian Development Corporation, has applied for short plat approval of four (4)
condominium units within a professional office building on approximately 0.28 acres in an O-T zoning
district. Per UDC 11-6B-SA.2, a condominium plat may be processed in any district when the building is
either constructed or has received a building permit. The building permit was issued on March 28, 2011.
The office building is currently under construction and the development of the site was approved with
CZC-10-065. A separate property boundary adjustment (PBA-11-011) was approved by the Planning
Department creating the current parcel configuration. Based on the aforementioned analysis, Staff finds
the proposed condominium plat is eligible to be processed as a short plat.
The subject property is located on the north side of E. Broadway Avenue between N. East 2nd Street and
N. East 3`d Street in the SW '/ of Section 7, T.3N., R.lE.
H. STAFF RECOMMENDATION
Staff recommends approval of the Second and Broadway Short Plat with the conditions and Findings
stated in this report. The Meridian City Council heard this item on November 15.2011. At the ouhlic
earing. the Council anoroved the suhiect SHP reouest
~, ummarv of City Council Pnhlic Rearing:
L In favor: Ashley Ford. MDC Administrator
ll. In onnosition: Nnne
111. Commenting: None
jy, Written testimony: None
y, Staff nresentinp apnlication: Bill Parsons
yj, Other staff commenting on application: None
lz, ev issLes of Discussion by Council:
L None
e, Kev Council Changes to Staff/Commission Rewmmendation
L Nnne
III. PROCESS FACTS
a. The subject application will in fact constitute a short plat as determined by City Ordinance. By
reason of the provisions of UDC 11-SB-3, a public hearing is required before the City Council on
this matter.
b. Newspaper notifications published on: October 24, 2011, and November 7, 2011
c. Radius notices mailed to properties within 300 feet on: October 20, 2011
Second and Broadway -SHP-11-001 PAGE 1
EXHIBIT A
IV. SITE SPECIFIC CONDITIONS
1. Revise or add the following note(s) on the face of the plat prepared by Civil Survey Consultants,
Inc., stamped on 10/10/11 by Glenn IZ. Bennett, prior to signature of the short plat by the City
Engineer:
- Note #2 -Include instrument number.
2. Complete the Certificate of Owners.
3. If the City Engineer's signature has not been obtained by 11/15/2013, the Short Plat approval for
this subject project shall expire.
4. Comply with all applicable conditions of approval associated with CZC-10-065.
5. Comply with all conditions of the Ada County Highway District as they relate to this short plat.
6. Staff's failure to cite specific ordinance provisions of the Unified Development Code does not
relieve the applicant of responsibility for compliance.
V. EXHIBITS
A. Zoning/Vicinity Map
B. Proposed Short Plat
C. Required Findings from the Unified development Code
Second and Broadway - SHP-11-001 PAGE 2
EXHIBIT A
EXHIBIT A - Zoning/Vicinity Map
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Second and Broadway - SHP-11-001 PAGE 3
EXHIBIT A
EXHIBIT B -Proposed Short Plat
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Second and Broadway- SHP-11-001 PAGE 4
EXHIBIT A
SECOND & 9ROADIPAY CONDON/N1UNS
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Second and Broadway- SHP-11-001 PAGE 5
6ECOND FLOOR
EXHIBIT A
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Second and Broadway - SHP-11-001 PAGE 6
EXHIBIT A
EXIIIBIT C -Required Findings from 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 Old Town. The current
zoning district of the proposed plat is O-T (Old Town District). The Comprehensive Plan allows
for a mix of office, retail, residential, entertainment and public uses. The proposed office building
condo units are an allowed use in the O-T zone. Therefore, the proposed short plat complies with
the Comprehensive Plan and the UDC.
B. Public services are available or can be made available and are adequate to accommodate
the proposed development;
The Council finds that public services are adequate to serve the site as evident by the issuance of
the CZC and building permit.
C. The plat is in conformance with scheduled public improvements in accord with the City's
capital improvements program;
The 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 Council fmds that the development will not require major expenditures for providing
supporting services. The developer and/or future unit owners will finance the extension of sewer,
water, utilities and pressurized irrigation to serve the project. The primary public costs to serve
the future tenants will be fire and police services.
E. The development will not be detrimental to the public health, safety or general welfare; and
The Council does not believe that any additional traffic or noise will be generated with the
approval of this plat; the approval for the subject buildings was previously granted. This
subdivision will not be detrimental to the general welfare of the public in the surrounding area.
The Council finds that the subject subdivision will not involve uses that will create nuisances that
would be detrimental to the public health, safety or general welfare.
F. The development preserves significant natural, scenic or historic features.
The Council is not aware of any significant natural, scenic or historic features associated with the
development ofthis site.
Second and Broadway - SHP-1 I-001 PAGE 7