River Valley Retail Sub SHP-13-003CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
~E IDR IAN,
~J
In the Matter of the Request for a Short Plan Consisting of Two (2)13uilding Lots on 1.14 Acres of
Land in the C-G Zoning District for River Valley Retail Subdvision, Located at 3230 E. River
Valley Street on the Northeast Corner of N. Eagle Road and E. River Valley Street, by North Eagle
Road, LLC.
Case No(s). SHP-13-003
For the City Council Hearing Date of: September 24, 2013 (Findings on October S, 2013)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for• the hearing date of September 24, 2013, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of September 24, 2013, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of September 24,
2013, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of September 24, 2013, 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, X67-6503).
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 Plau 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, CONCLiJSIONS OF LAW AND DECISION & ORDER
CASE NO(S). SI3P-13-003
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6. ThaC the City has granted au order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Cleric and then a copy served by the Cleric upon the applicant, the
Planning Department the Public Works Department and any affected parry requesting notice.
That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of September 24, 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 § 1l-SA and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicants request for a short plat is hereby conditionally approved per the conditions of
approval in the attached Staff Report for the hearing date of September 24, 2013, attached as
Exhibit A.
D. Notice of Applicable Time Limits
Notice of Short Plat Duration
Please take notice that approval of a prelhnhrary 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 prelimiuary plat or the combined
preliminary and final plat or short plat (UDC ] 1-6B-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 segment's, 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 pria• 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
prelimhrary 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 regrilatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more thantwenty-eight (28) days after the
final decision concerning the matter at issue. A request for a re~datory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECiS1ON & ORDER
CASE NO(S). SHP-13-003
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2. Please take nofice 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 hr 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.
Attached: Staff Report for the hearing date of September 24, 2013
CITY OF MERIDIAN FINDINGS OF PACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). SHP-13-003
-3-
By action of the City Council at its regular meeting held on the 0 ~~day of
2013.
COUNCIL PRESIDENT BRAD HOAGLUN VOTED (~
COUNCIL VICE PRESIDENT CHARLIE ROUNTREE VOTED
COUNCIL MEMBER DAVID ZAREMBA VOTED
COUNCIL MEMBER KEITH BIRD VOTED
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
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Mayor Tai e Weerd
Attest: _~-~°°-~ .
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Jayce lman, City Clerk w: ~. as ~'',~~ r. d ~`a I`, /~ I`j~-.-
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Copy served upon Applicant, The Platlnia~g Departuaent, Public Works Department and City Attorney.
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~: IC ~- ~, _ _ Dated: ~ ~ - 1. - ~ X1;3
City~ler ' Office
CITY OF MERIDIAN FINDINGS OP FACT, CONCLUSIONS OF LAW AND DECISION & ORDIJR
CASE NO(S). SHP-13-003
-4-
By action of the City Council at its regular meeting held on the 0 ~~day of ~~~
2013.
COUNCIL PRESIDENT BRAD HOAGLUN VOTED
COUNCIL VICE PRESIDENT CHARLIE ROUNTREE VOTED
COUNCIL MEMBER DAVID ZAREMBA VOTED
COUNCIL MEMBER KEITH BIRD VOTED
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
.,.~J
~-y7~.~l ~ r~C~~~~
Mayor Tai e Weerd
Attest: ~~
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Jayce loran, City Clerk ~~ -~ `'' ~ ~ ".I~s .~,h1~~.
F ; 9 ~ ;, i ~. 49
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Copy served Lipon Applicant, The Planning Departi~-ent
Public Works Department and City Attorney.
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~' ~~.~` % ~~ Dated: ~ "
City~ler~C' Office
CITY OF MEKIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). SHP-13-003
-4-
EXHIBIT A
STAFF REPORT
Hearing Date: Septembet• 24, 2013
TO: Mayor & City Council
FROM: Sonya Wafters, Associate City Planner
208-884-5533
~~E IDIAN:---
SUBJECT: SHP-13-003 -River Valley Retail Subdivision
I. APPLICATION SUMMARY
The applicant, North Eagle Road, LLC, has applied for short plat approval of Rivel• Valley Retail
Subdivision consisting of two (2) building lots on 1.14 acres of land in the C-G zoning district.
The subject property is located on the northeast corner of N. Eagle Road and E. River Valley Street at
3230 E. River Valley Street, in the northeast'/~ of Section 4, T.3N., R.IE.
II. STAFF RECOMMENllATION
Based on the criteria noted in UDC 11-6B-5, Staff finds the proposed plat is eligible to be processed
as a short plat. Therefore, Staff recommends approval of the proposed shot•t plat with the conditions
and findings stated in this report,
The Meridian Citv Council heard this item on September 24 2013 At the public hearing the
,ouncil approved the subiect SHP rearrest.
a, marv of City Council Public Hearin:
a.. In favor: None
ii. In opposition: None
~ Conunenting• None
i~ ritten testimony: Becky Wri:iht, Applicant (in a reeme
taff na•esentin application: Sonya Waters
~_ ther• staff commentin on application: None
1~ ev Issues of Discussion by ConnciL•
i one
~ ICev Council Changes to Staff/Commission Recommendation
' None
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 2, 2012, and 16, 2013
c. Radius notices mailed to properties within 300 feet on: August 29, 2013
IV. SITE SPECIFIC CONDITIONS
1. The Applicant shall meet all terms of the approved annexation (AZ-O12-010, Development
Agreement instrument #113005608) and conditional use permit (CUP-12-008) approved for this
Sl1bC11VIS1011.
2. Complete the Certificate of Owners and accompanying acknowledgement.
River Valley Retail Sub SHP-13-003 PAGE 1
EXHIBIT A
3. If the City Engineer's signahu~e has not been obtained within two (2) years of the approval of the
short plat, the shn~•t plat shall become null and void unless a time extension is obtained, per UDC
11-6B-7.
4. Please revise the final plat to graphically depict the existing 35-foot wide sanitary sewer and
water easement crossing the southern portion of the parcel. The recording information for said
easement shall also be noted on the final plat.
5. Complete the recording instrument nwnber for the Deelarafion of Easements and Agreements
noted iu Plat note #7.
6. Staff's faihu•e to cite specific ordinance provisions of the Unified Development Code does not
relieve the applicant of responsibility for compliance.
V. GENERAL REQUIREMENTS
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 for any new structures.
2. A written certificate of completion shall be prepared by the landscape architect, landscape
designer or qualified nurseryman responsible for the ]andseape 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 easement(s) for all public water/sewer mains outside of public right of
way (include all water services and hydrants). The easement widths shall be 20-feet wide for a
shtgle utility, or 30-feet wide for two. 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 prepared by an Idaho
Licensed Professional Land Surveyor, which must include the area of the easement (marked
EXIIIBIT 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 Worlcs 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 Met~idian 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 Petmitting
that may be required by the Army Corps of Engineers.
7. 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.
8. At the completion of the project, the applicant shall be responsible to submit record drawings for
any new public utilities per the Ciry of MeridianAutoCAD standards. These record drawings
must be received and approved prior to the issuance of a certification of occupancy for any
structures within the project.
River Valley Retail Sub SHP-] 3-003 PAGE 2
EXHIBIT A
9. The applicants design engineer shall certify that all seepage beds out of the public right-of--way
are iustalled 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.
10. 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public
roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights
shall be installed at developer's expense. Final design shall be submitted as part of the
development plan set for approval. Street lighting is required at intersections, corners, cut-de-
sacs, and at a spacing that does not exceed that outline in the Standards. The contractor's work
and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications
to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500
for information on the locations of existhrg street lighting.
VI. EXHIBITS
A. Vicinity Map
B. Proposed Shot Plat (dated: 8/16/13)
C. Regiured Findings from the Unified development Code
River Valley Retail Sub SHP-13-003 PAGE 3
EXHIBIT A
EXHIBIT A -Vicinity Mag
River Valley Retail Sub SHP-13-003 PAG); 4
EXHIBIT A
EXHIBIT B -Proposed Short Plat (dated: 8/16/13)
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River Valley Retail Sub SHP-13-003 PAGE 5
EXHIBIT A
EXHIBIT C -Required Findings from Unified Development Code
In consideration of a shm•t plat, the decision-making body shall make the following findings:
A. The plat is iu confm•mance with the Comprehensive Plan and is consistent with the Unified
Development Code;
The Comprehensive Plan designates the fiihrre land use of this property as Commercial The
current zoning district of the site is C-G. The proposed short plat complies with the
Comprehensive Plan and the dimensional standards in the UDC for the C-G district.
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.
C. The plat is in conformance with scheduled public improvements in accord with the City's
capital improvements program;
The City Council fntds that the development will not require the expenditure of capital
improvement funds. All required utilites 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 expendihu~es for providhrg
supporting services. The developer and/or fixture lot owner(s) will finance the extension of sewer,
water, utilities and pressurized irrigation to serve the project. The primary public costs to serve
the fimue 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 detrmental to the general welfare of the public in the surrounding area. The City Council
Ends that the development of this site will not involve uses that will create nuisances that wotild
be detrimental to the public health, safety or general welfare.
F. The development preserves significant natural, scenic m• historic featm•es.
The City Council is not aware of any significant natural, scenic or historic feahu~es associated
with the development of this site.
River Valley Retail Sub SHP-13-003 PAGE 6