Whitehawk Sub SHP-12-003CITY OF MERIDIAN E IDIAN~
FINDINGS OF FACT, CONCLUSIONS OF LAW r-
AND IDAHO
DECISION & ORDER
In the Matter of the Request for Short Plat for Whitehawk Subdivision Consisting of Three (3)
Building Lots on 2.11 Acres of Land in a C-G Zoning District, by GGR, LLC.
Case No(s). SHP-12-003
For the City Council Hearing Date of: September 25, 2012 (Findings on October 9, 2012)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of September 25, 2012, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of September 25, 2012, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of September 25,
2012, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of September 25, 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. l 1-784 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-I2-003
-1-
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of September 25, 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 conditionally approved per the conditions of
approval in the attached Staff Report for the hearing date of September 25, 2012, attached as
Exhibit A.
D. Notice of Applicable Time Limits
Notice of Short Plat Duration
Please take notice that approval of a 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 short plat (UDC 11-6B-7A).
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 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
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 September 25, 2012
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). SHP-I2-003
-2-
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)
"1 ~ day of o
VOTED
VOTED
VOTED
VOTED~¢-~--
VOTED
Mayor T y de Weerd
~~~ED AUUUS
Attest:
~~' ~
City of
E IDIAN~--
Jaycee man, City Clerk ~ IDAHO
w
Yyr~+P 0 ~R~a~
Co served u on A licant, The Planning f th a T~ ~~ nt, Public Works Department and City Attorney.
pY p pp
By; Dated:
Ci ~ ler 's ic`e`---------~
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAVA AND DECISION & ORDER
CASE NO(S). SHP-12-003
-3-
EXHIBIT A
STAFF REPORT
Hearing Date: September 25, 2012
TO: Mayor & City Council
FROM: Sonya Wafters, Associate City Planner
208-884-5533
E IDIAN
il'~ANO
Scott Steckline, Land Development Supervisor
208-887-2211
SUBJECT: SHP-12-003 -Whitehawk Subdivision
I. APPLICATION SUMMARY
The applicant, GGR, LLC, has applied for short plat approval of Whitebark Subdivision consisting of
three (3) building lots on 2.11 acres of land in a C-G zoning district.
The subject property is currently platted as Lot 4, Block 1 of Sparrowhawk Subdivision No. 2. The
applicant proposes to subdivide the existing lot into three lots.
The subject property is located north of E. Franklin Road and east of N. Nola Road, in the southwest
'/4 of Section 8, 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 proposed Whitehawk
Subdivision short plat with the conditions and findings stated in this report.
The Meridian City Council heard these items on September 25, 2012. At the public hearing, the
Council approved the subiect SHP request.
a. Summary of City Council Public Hearing:
is In favor: Lance Warnick
ii= In opposition: None
iii. Commenting: Kerry Wysocki
i~ Written testimony: Lance Warnick
~ Staff presenting application: Bill Parsons
yi. Other staff commenting on application: Pete Friedman
~_ Key Issues of Discussion by Council:
i= None
~_ Key Council Changes to Staff/Commission Recommendation
is None
Whitehawk Sub SHP-12-003 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: September 3, 2012, and 17, 2012
c. Radius notices mailed to properties within 300 feet on: August 31, 2012
IV. SITE SPECIFIC CONDITIONS
The Applicant shall meet all terms of the approved annexation (AZ-00-024, Development
Agreement Instrument #101135901), preliminary plat (PP-00-026), final plat (FP-OS-001), and
development agreement modification (MI-07-003, Instrument # 107099629) approved for this
subdivision.
2. The proposed plat prepared by James Prince, dated 8/14/12 is approved as submitted.
3. Complete the Certificate of Owners.
4. If the City Engineer's signature has not been obtained within two (2) years of the approval of the
short plat, the short plat shall become null and void unless a time extension is obtained, per UDC
11-6B-7.
5. Staffls failure to cite specific ordinance provisions of the Unified Development Code does not
relieve the applicant of responsibility for compliance.
V. GENERAL REQUII2EMENTS
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
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.
5. 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.
Whitehawk Sub SHP-12-003 PAGE 2
EXHIBIT A
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 ACHD. 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.
11. 100 Watt and 250 Watt, high-pressure sodium street lights shall be required per the City of
Meridian Department of Public Works Improvement Standards for Street Lighting. All street
lights shall be installed at developer's expense. Final design shall be submitted to the Public
Works Department for approved. The street light contractor shall obtain the approved design on
file and an electrical permit from the Public Works Department prior to commencing
installations. The contractor's work and materials shall conform to the ISPWC and the City of
Meridian Supplemental Specifications to the ISPWC.
VI. EXHIBITS
A. Vicinity Map
B. Proposed Short Plat (dated: 8/14/12)
C. Required Findings from the Unified development Code
Whitehawk Sub SHP-12-003 PAGE 3
EXHIBIT A
EXHIBIT A -Vicinity Map
Whitehawk Sub SHP-12-003 PAGE 4
EXHIBIT A
EXHIBIT B -Proposed Short Plat (dated: 8/14/12)
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Whitehawk Sub SHP-12-003 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 City Council finds that public services are adequate to serve the site as evident by the
approval of the Sparrowhawk Subdivision No. 2 (FP-OS-001).
C. The plat is in conformance with scheduled public improvements in accord with the City's
capital improvements program;
The City 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 City 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 City Council recognizes the fact that traffic and noise may increase with the approval of this
subdivision; however, the City Council does not believe that any additional amount generated
will be detrimental to the general welfare of the public in the surrounding area. The City 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 City Council is not aware of any significant natural, scenic or historic features associated
with the development of this site.
Whitehawk Sub SHP-12-003 PAGE 6