Renewal Place - SHP-12-002CITY OF MERH)IAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
~ERID?ANa
In the Matter of Short Plat Consisting of Three Buildable Lots on 1.22 Acres of Land in an Old
Town Zoning District for Renewal Place Subdivision, Located at on the North Side of E. Broad way
Avenue, Between N. Meridian Road and N. Main Street, by Meridian Development Corporation.
Case No(s). SHP-12-002
For the City Council Heating Date of: May 22, 2012 (Findings on June 5, 2012)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of May 22, 2012, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of May 22, 2012, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of May 22, 2012,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of May 22, 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 (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 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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). SHP-12-002
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.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of May 22, 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 short plat is hereby approved per the conditions of approval in the
attached Staff Report for the hearing date of May 22, 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 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).
lii 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 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 1 L 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 procedm•e again (UDC ll-
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 concernuig 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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). SHP-12-002
-2-
who has an interest in real property which may be adversely affected by the final action of the
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 May 22, 2012
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). SHP-12-002
-3-
By action of the City Council at its regular meeting held on the - day of ,
2012.
COUNCIL PRESIDENT BRAD HOAGLUN VOTED
COUNCIL VICE PRESIDENT CHARLIE ROUNTREE VOTED t
COUNCIL MEMBER DAVID ZAREMBA VOTED `
COUNCIL MEMBER KEITH BIRD VOTED
Copy served upon Applicant, The Planning epaitment, Public Works Department and City Attorney.
By: c-- ~ ~ __ Dated: ~ ~ r~-
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). SHP-12-002
-4-
EXHIBIT A
I. APPLICATION SUMMARY
The applicant, Meridian Development Corporation, has applied for short plat approval of three (3)
buildable lots on 1.22 acres of land in an O-T zoning district. This is a re-subdivision of Lots 1 through 5
and 7 through 16 of the Meridian Townsite Amended Plat.
All tluee of the proposed lots are currently developed with three commercial buildings. No new
development is proposed at this time.
The subject property is located on the north side of E. Broadway Avenue, between N. Meridian Road and
N. Main Street Road in the northwest''/4 of the southwest'/4 of Section 07, T.3N., R.lE.
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 Renewal Place Short Plat with
the conditions and Findings stated in this report. The Meridian Citv Council heard this item on Mav
22.2012 At the nublic hearing. the Council annroved the subject SHP request
a. ummarv of City Council Public Hearin:
~ In favor: Ashley Ford
ii. n onnosition: None
~ Commenting: None
iy. W~•itten testimony: None
taff ni•esentin~ annlication: Pete Friedman
yi Other staff commenting on annlication: None
oL. ev Issues of Discussion by Council:
i one
~ Kev Comicil Changes to Staff/Commission Recommendation
' ne
Renewal Place - SHP-12-002 PAGE 1
EXHIBIT A
III. PROCESS FACTS
a. The subject application will in fact constitute a short plat as determined by City Ordinance. A
public hearing is required before the City Council on this matter, consistent with Meridian City
Code Title 11, Chapter 5.
b. Newspaper notifications published on: Apri130, 2012, and May 14, 2012
c. Radius notices mailed to properties within 300 feet on: Apri126, 2012
IV. SITE SPECIFIC CONDITIONS
1. The owner of proposed Lot 1, Block 1 shall meet all terms of the approved conditional use permit
(CUP-03-050), certificate of zoning compliance (CZC-04-017) and variance (VAR-03-021) for
this subdivision.
2. Revise or add the following note(s) on the face of the plat prepared by Civil Survey Consultants,
Inc., prior to signature of the short plat by the City Engineer:
Revise note #8 on the face of the plat to include internal cross access between all of the
proposed lots.
3. Complete the Certificate of Owners.
4. If the City Engineer's signature has not been obtained by 05/22/2014, the Short Plat approval for
this subject project shall expire.
5. Staff's failure to cite specific city ordinance provisions does not relieve the applicant of
responsibility for compliance.
V. EXHIBITS
A. ZoningNicinity Map
B. Proposed Short Plat
C. Required Findings from the Unified development Code
Renewal Place - SHP-12-002 PAGE 2
EXHIBIT A
EXHIBIT A - Zoning/Vicinity Map
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Renewal Place - SHP-12-002 PAGE 3
EXHIBIT A
EXHIBIT B -Proposed Short Plat
RENEWAL PLACE SUBDIVZSIDN
LOCATED /N THE NW 1/4 OF THE SW 1/4 OF 5EC770N 7, TOWNSHIP 3 NORTH, RM/Gf 7 EA5T,
BOISE CITY OF MfR/D/AN, AOA COUNTY, IDAHO ANO BEING A PART OF LOTS
MER/O/AN 1
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THROUGH 5 ANO 7 THROUGH 16 OF BLOCK 2 OF THE AMENDED PCAT OF THE TOWNSITE OF MERIDIAN.
A DEVELOPMENT BY THE MERIDAN DEVELOPMENT CORPORATION
2012
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Renewal Place - SHP-12-002 PAGE 4
EXHIBIT A
EXHIBIT C -Required Findings from Unified Development Code
In consideration of a short plat, the decision-malting 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 firture land use of this property as Old Town. The current
zoning district of the proposed plat is O-T. 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 existing
development constructed on the site.
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 >lnprovement
funds. All required utilities were provided with the development of the property.
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.
E. The development will not be detrimental to the public health, safety or general welfare; and
The Council fmds that the development of this site will not involve uses that will create miisances
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.
Renewal Place - SHP-12-002 PAGE 5
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Lam:
May 18, 2012
Mr. Bill Parsons, AICP
City of Meridian
33 East Broadway Avenue
Meridian, Idaho 83642
RE: Renewal Place Subdivision
Dear Mr. Parsons:
33 E. Broadway Ave.
Meridian, ID 83642
208.477.1632
www.meridiandevelopmentcorp. com
Please find the following responses to the staff report for the Renewal Place Subdivision:
1. The owner of proposed Lot 1, Block 1 shall meet all terms of the approved conditional use permit (CUP-
03-050), certificate of zoning compliance (CZC-04-017) and variance (VAR-03-021) for this subdivision.
Response: The Bank of the Cascades will meet all of the terms of the approved conditional use permit,
certificate of zoning compliance and variance for Lot 1, Block 1.
2. Revise or add the following note(s) on the face of the plat prepared by Civil Survey Consultants, Inc., prior
to signature of the short plat by the City Engineer:
- Revise note #8 on the face of the plat to include internal cross access between all of the proposed
lots.
Response: The note will be revised.
3. Complete the Certificate of Owners.
Response: The Certificate of Owners will be completed.
4. If the City Engineer's signature has not been obtained by 05/22/2014, the Short Plat approval for this
subject project shall expire.
Response: We understand.
5. Staff s failure to cite specific city ordinance provisions does not relieve the applicant of responsibility for
compliance.
Response: We understand.
Bill, thank you again for your assistance.
Best Regards,
Ashley Ford
Ashley Ford
MDC Administrator/Project Manager