Ennis-Thrivent SHP-13-002CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
~E IDR IAN,;=-
~J
In the Matter of Short Plat approval of 3 condominium units within an existing building on .42
acres in a C-G zoning district for Ennis-Thrivent Condominiums, Located at 24501';. Gala Street,
by Dave Evans Construction, LLC.
Case No(s). SHl'-13-002
For the City Council Hearing Date of: August 27, 2013 (Findings on September 10, 2013)
A. Findings of Fact
1. I-Tearing Facts (see attached Staff Report for the hearing date of August 27, 2013, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of August 27, 2013, incorporated by
reference}
3. Application and Property Facts (see attached Staff Report for the hearing date oi'August 27,
2013, incorporated by reference)
d. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of August 27, 2013, incorporated by reference}
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Laud Use
Planning Act of 1975," codified at Chapter G5, Title G7, 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. "hhe 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. 1 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 unposed.
C1TY Ol' MERIDIAN I'INDINGS OP PACT, CONCLUSIONS OP LAW AND DECISION & ORDER
CASE NO(S). Sl IP-13-002
6. That the City has granted an order of approval in accordmice 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 August 27, 2013, 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 August 27, 2013, 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 preliminary plat or the combined preliminary and fmal plat or 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 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 ] ] . 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
L 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 maybe 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 August 27, 2013
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). SFiP-13-002
2
By action of the City Council at its regular meeting held on the ~ day of ,
2013.
COUNCII" PRESIDENT BRAD HOAGLUN
Copy served upon Applicant, The Plann~
COUNCIL VICE PRESIDENT CHARLIE ROUNTREE
COUNCIL MEMBER DAVID ZAREMBA
COUNCIL MEMBER KETTH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED U,~ y~
VOTED
VOTED
VOTED
VOTED
Mayor Tam ~ e Weerd
Attest: ~4O~pt'•-D AUCLST,
`GO 9°w
1 ~ ~ _ n ~ n city of
Jaycee IQDlman, City Clerk ~`" " " \'
~' SEAL
~.
Public Works Deparhnent and City Attorney.
By: Dated:.-~()T T ~(~ ~~ 13
Ci CI rk's ffi e
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW ANll DECISION & ORDER
CASE NO(S). SHP-13-002
-3-
EXHIBIT A
STAFF REPORT p ,~
Hearing Date: August 27, 2013 (~~1il E IDIAN~-~-
TO: Mayor and Ciry Council 1 U ~ Ft O
FROM: I{risty Vigil, Assistant City Planner
208-884-5533
SUBJECT: SHP-13-002-Ennis-Thrivent Condominiums Short Plat
L APPLICATION SUMMARY
The applicant, Dave Evans Construction, LLC, has applied for short plat approval of 3 condominium
units within mt existing building on .42 acres in a C-G zoning district for Ennis-Thrivent Condominiums.
A Certificate of Zoning Compliance has been issued for the subject building (CZC-13-048). The applicant
has applied for a building permit and has commenced construction.
The subject property is located at 2450 E. Gala Street in the northeast'/ of Section 20, T.3N., R.lE.
H. STAFF RECOMMENDATION
Staff finds the proposed plat is eligible to be processed as a short plat based on the following criteria:
1) The parcel is an original parcel of record;
2) The property is not part of a previous short plat;
3) The proposed plat does not exceed four (4) lots;
4) No new sheet 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 Ennis-Thrivent Condominium
Short Plat with the conditions and Findings stated in this report _. The Meridian Citv Council heard this
it m nn August 27.2013. At the ouhlic hearin .the Council annroved the c ~hiect SHP reouest
~_, ummarv of City Council Public H earin
L In fav or: Tim Molcwa
i~ In onn osition: None
iii _Commentine: None
~, Writt en testimony Tim Mokw a in favor
y, Staff p resenting annlication• J uctin Lucas
Yi, Other staff commenting nn ann lication• None
Li, ev Issue s of Discussion by Counci l•
i< one
~ Kev Coun cil Changec to Staff/ pm mission Recommendation
L None
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
Ennis-Thrivent-SHP-13-002 PAGE 1
EXHIBIT A
Code Title 11, Chapter 5. The UDC does not require the property to be posted.
b. Newspaper notifications published on: August 5"' and 19°', 2013
c. Radius notices mailed to properties within 300 feet on: August 2, 2013
IV. SITE SPECIFIC CONDITIONS
1. Revise or add the following note(s) on the face of the plat prepared by IQvI Engineering, prior to
signature of the short plat by the City Engineer:
a. Add a note, "Parcels A and B, created by Record of Survey 9424, are hereby designated
as having a permanent cross access and ingress/egress easement."
2. Complete the Certificate of Owners.
3. Comply with all current City of Meridian ordinances and previous conditions of approval
associated with this site (PBA-13-002, AZ-06-021, PP-06-019, FP-06-048, DA #106141056,
CZC-13-048, and DES-13-047
4. The short plat approval shall be null and void if the applicant fails to either I) obtain the City
Engineer signature on the plat within two years; or 2) gain approval of a time extension as set
forth in UDC 11-6B-7.
5. Staff's failure to cite specific city ordinance provisions does not relieve the applicant of
responsibility for compliance.
V. EXIIIBITS
A. Zoning/Vicinity Map
B. Proposed Short Plat
C. Required Findings from the Unified development Code
Ennis-Tln ivent - SHP-13-002 PAGE 2
EXI-IIBIT A
IJXHII3IT A - Zoning/Vicinity Map
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Ennis-Thrivent - SI [P-13-002 PAGE 3
EXHIBIT A
EXHIBIT B -Proposed Short Plat
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Ennis-Thrivent- SHP-13-002 PAGE 4
EXHIBIT A
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Ennis-Thrivent- SHP-13-002 PAGE 5
EXHIBIT A
EXIIIBIT 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 future land use of this property as Mixed Use Regional.
The current zoning district of the proposed plat is C-G (General Retail and Service Connnercial
District). The Comprehensive Plan recommends a mix of employment, retail, residential
dwellings, and public uses neu' arterial intersections. The proposed healthcare and office
condominiums are an allowed use in the C-G zoning district and incorporate a variety of
employment and public use opportunities. Thus, staff finds that the proposed short plat is
consistent 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;
Staff 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;
Staff finds that the development will not require the expenditure of capital improvement 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;
Staff finds that the development will not require major expenditures far providing supporting
services.
E. The development will not be detrimental to the public health, safety or general welfare; and
Staff 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.
Staff is not aware of any significant natural, scenic or historic features associated with the
development of this site.
Ennis-Thrivent - SHI'-13-002 PAGE 6
Kristy Vigil
From: Tim Mokwa <tmokwa@kmengllp.com>
Sent: Wednesday, August 21, 2013 11:17 AM
To: Kristy Vigil
Cc: Jaycee Holman; Machelle Hill; JacyJones;'Robert P'
Subject: RE: Ennis-Thrivent staff report
Got it Kristy. I reviewed the Staff Report and have no questions/concerns on the findings or recommendations.
Thanks!
Tim Molcwa, R.L.A.
KM Engineering LLP
9233 w. State Street
Boise, ID 83714
P.(208)639-6939
F.(208)639-6930
C.(208)869-9785
tmokwa(a~kmenellp.com
From: Kristy Vigil [mailto:kvigil@meridiancity.org]
Sent: Wednesday, August 21, 2013 10:52 AM
To: tmokwa@kmengllp.com
Subject: FW: Ennis-Thrivent staff report
From: Kristy Vigil
Sent: Wednesday, August 21, 2013 9:03 AM
To: 'tmokwa@kmengllp.com'; Jacy Jones; Jaycee Holman; Machelle Hill
Subject: Ennis-Thrivent staff report
Good morning,
I have attached the staff report for the proposed short plat for Ennis-Thrivent (SHP-13-002). This item is
scheduled to be on the Council agenda on August 27, 2013. The public hearing will be held at City Hall, 33 E.
Broadway Avenue, beginning at 6:00 pm.
Tim -Please submit any written response you may have to the staff report to the City Clerk's office
(Iholman(aJmeridiancitv.ore, mhill(1a meridiancity.ors and jlones@meridiancity.orB) and myself
(kvi~il(rrJmeridiancitv.ors or 489-0574) as soon as possible.
If you have any questions, please do not hesitate to contact me by email or at 884-5533.
Thank you,
Kristy