Northpointe Commercial - SHP-12-001CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
~E IDIZ IAN*~
~J
In the Matter of Short Plat for Northpointe Commercial, Located on the Northwest Corner of N.
Linder Road and W. McMillan Road, by Blaclchawk/Meridian LLC.
Case No(s). SHP-12-001
For the City Council Hearing Date of: February 21, 2012 (Findings on March 7, 2012)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of February 21, 2012, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of February 21, 2012, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of February 21,
2012, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of February 21, 2012, 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 at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact 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-12-001
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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 February 21, 2012, 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 February 21, 2012, 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 11-6B-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, 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 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 may be 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 may be adversely affected by the final action of the
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). SHP-12-001
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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 February 21, 2012
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). SHP-12-001
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By action of the City Council at its regular meeting held on the
2012.
COUNCIL PRESIDENT BRAD HOAGLUN
COUNCIL VICE PRESIDENT CHARLIE ROUNTREE
COUNCIL MEMBER DAVID ZAREMBA
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
~~ day of ~t Q~-~- ,
VOTED
VOTED
VOTED
VOTED
___---
VOTED
.~
Mayor T y de Weerd
~4o4~'t~D A U~~S~
Attest: ~o j
~~ ~~~
City of
TD~A N~
~d~rto
Jaycee man, City Clerk ~' ,~
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~' SEAI,
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~~Oft~~~' ~~5~4~~
Copy served upon Applicant, The Planning epartment, Public Works Department and City Attorney.
B Dated:
Ci erk's i
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). SHP-I2-001
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EXHIBIT A
STAFF REPORT
Hearing Date: February 21, 2012 E IDIAN
TO: Mayor and City Council I D A H O
FROM: Bill Parsons, Associate City Planner
208-884-5533
Scott Steckline, Land Development Supervisor
208-887-2211
SUBJECT: SHP-12-001 -Northpointe Commercial
I. APPLICATION SUMMARY
The applicant, Blackhawk/Meridian LLC, has applied for short plat approval for two (2) commercial lots
on 1.40 acres of land in a C-G zoning district. The subject property is currently platted as Lot 4, Block 1
of the Northpointe Commercial Subdivision. Lot 1 of the proposed plat received conditional use permit
(CUP) approval for a bank with associated drive-through. Since the bank is planned to develop on a
portion of the platted lot (Lot 4, Block 1) and the bank wants to own the portion it plans to develop, a
condition of the CUP requires subdividing the property to convey ownership of the proposed lot (Lot 1,
Block 1) to the bank.
The subject property is located on the northwest corner of N. Linder Road and W. McMillan Road at
4853 N. Linder Road in the southeast'/< of the southeast'/4 of Section 26, T.4N., R.1 W.
II. STAFF RECOMMENDATION
Staff finds the proposed plat is eligible to be processed as a short plat based on the following criteria:
1) the lot is part of a recorded subdivision;
2) the property is not part of a previous short plat;
3) the proposed plat does not exceed four (4) buildable lots;
4) no new street dedication is required and:
5) there are no impacts to health, safety of general welfare and the proposed subdivision is in the best
interest of the city.
Based on the aforementioned criteria, Staff recommends approval of the Northpointe Commercial Short
Plat with the conditions and Findings stated in this report. The Meridian City Council heard this item
on Februarv 21, 2012 At the public hearing, the Council aRnroved the subject SHP request.
~, Summary of City Council Public Hearing:
i. In favor: Gerald Martens
jL In oRnosition: None
lii, Commenting: None
jy, Written testimony: None
y, Staff nresentin~ annlication: Pete Friedman
y1, Other staff commenting on annlication: None
l~ Key Issues of Discussion by Council:
i. LY4n.~
~, Key Council Changes to Staff/Commission Recommendation
~. N°ne
Northpointe Commercial - SHP-12-001 PAGE 1
EXHIBIT A
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: January 30, 2012, and February 13, 2012
c. Radius notices mailed to properties within 300 feet on: January 26, 2012
IV. SITE SPECIFIC CONDITIONS
The Applicant shall meet all terms of the approved annexation (AZ-03-013), development
agreement (instrument # 1 03 1 8 1 095), the preliminary plat (PP-03-014), conditional use permits
(CUP-03-028 and CUP-11-006) and final plat (FP-07-035) for this subdivision.
Revise or add the following note(s) on the face of the plat prepared by EHM Engineers, Inc., prior
to signature of the short plat by the City Engineer:
- The plat shall be stamped and signed by the surveyor.
- Revise note #11 on the face of the plat to include internal cross access between lotl and
lot 2, Block 1.
3. Complete the Certificate of Owners.
4. If the City Engineer's signature has not been obtained by 02/21/2014, the Short Plat approval for
this subject project shall expire.
The applicant shall comply with the landscape plan submitted and approved with Northpointe
Commercial final plat (FP-07-035), dated January 4, 2008.
Staff s failure to cite specific ordinance provisions of the Unified Development Code does not
relieve the applicant of responsibility for compliance.
V. GENERAL REQUIltEMENTS
1. All development improvements, including but not limited to water, sewer, fencing, pressurized
irrigation and landscaping shall be installed and approved prior to obtaining certificates of
occupancy.
2. A written certificate of completion shall be prepared by the landscape architect, landscape
designer or qualified nurseryman responsible for the landscape plan upon completion of the
landscape installation. The Certificate of Completion shall verify that all landscape
improvements, including plant materials and sprinkler installation, are in substantial compliance
with the approved landscape plan.
3. The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public
right of way (include all water services and hydrants). 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, 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
Northpointe Commercial - SHP-12-001 PAGE 2
EXHIBIT A
Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this
document.
4. Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to construction plan approval.
Compaction test results must be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
6. Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
7. 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 building is at least 1-foot above.
8. The applicant's 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 the ACRD. 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.
9. 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.
10. The applicants design engineer shall certify that all seepage beds out of the public right-of--way
are installed in accordance with the approved design plans. This certification must be received by
the City of Meridian Public Works Department prior to the project receiving final approval.
VI. EXHIBITS
A. Zoning/Vicinity Map
B. Proposed Short Plat
C. Required Findings from the Unified development Code
Northpointe Commercial - SHP-12-001 PAGE 3
EXHIBIT A
EXHIBIT A - Zoning/Vicinity Map
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Northpointe Commercial - SHP-12-001 PAGE 4
EXHIBIT A
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Northpointe Commercial - SHP-12-001 PAGE 5
EXHIBIT A
EXHIBIT 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 Commercial. The
current zoning district of the proposed plat is C-G. 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 approval of
the Northpointe Commercial Subdivision (aka Kelly Creek Commercial) (FP-07-035).
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 finds 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 recognizes the fact that traffic and noise may increase with the approval of this
subdivision; however, the Council does not believe that any additional amount generated will be
detrimental to the general welfare of the public in the surrounding area. The Council finds that the
development of this site 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 of this site.
Northpointe Commercial - SHP-12-001 PAGE 6