HomeMy WebLinkAboutNIDAYS Addition RZ 04-001I~,E~~~VED
MAY 0 6 2004
City O£ Meridian
City Clerk Office
WHITE PETERSON
ATTORNEYS AT LAW
REVM DINIUS
JULIE KLEIN FLRCHER
CHRISTOPHER D. GABHERT
WM. F. GIGMY, III
T. GUY HALLAbI `*
JILL $. HOLINNA
Joxx R. KORMAN[K*
WILLIAM A. MORROW
WILLIAM F. Nlceols ""
CANYON PARKATTHE IDAHO CENTER
570o E. FRANRLnd RD., SDrrE zoo
NAMPA, IDAHO 8368y-9goL
TEL (zo8)466-9272
FAx (zo9) 966-g4og
CHRISTOPHER S. NYE
PHILIP A. PETERSON
TODDA. ROSSMAN
TERRENCE R. WHITE ***
* Also admitted in CA
** Also admitted in OR
**` Also admitted in WA
May 5, 2004
William G. Berg, Jr., City Clerk
MERIDIAN CITY HALL
33 East Idaho
Meridian, Idaho 83642
Re: MERLYN D. SCHMECKPEPER AND BRANDON F. SCHMECKPEPER /REZONE FINDINGS /
REZONE DEVELOPMENT AGREEMENT /ORDINANCE & CERTIFICATION OF CLERK /
SUMMARY ORDINANCE AND SUMMARY ORDINANCE COVER LETTER / RZ-04-001
Dear Will:
Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING APPLICATION FOR REZONE prepared as per
instructions from the Council meeting of Apri127, 2004, and which are on an upcoming Councll
agenda. I have also attached the original of the Development Agreement for the owner(s)and/or developer(s)
signatures. After the Council meeting, if Council approves the Findings of Fact and Conclusions ofLaw forthe
above matter, then the Findings will need to be attached to the Development Agreement as Exhibit "B". After
the Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Rezone have
been adopted, please submit the Development Agreement to the owners(s) and/or developer(s) for signatures.
Also, please find enclosed the above RZ Ordinance and the Certification of the Clerk for the
rezoning for the City of Meridian. After the Findings of Fact and Conclusions have been adopted,
then please place this ordinance on the City Council agenda. This ordinance should not be passed
Application for Rezone are adopted. Additionally, I have enclosed a Summary uratnance ana rrre
cover letter, which Summary Ordinance will need to be presented to the Council at the same time the
full rezoning ordinance is presented to Council for approval.
If you have any questions arise, please advise.
Very y yo
/ m. rc s
Z:\WorkVvllMeridian\IvIeridian I5360MWidays Addition RZ-04-001 CUP-04-0OS\FFCL DEV AGMT ORD Clerk Ltr OS OS O4.doc
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 04-27-04
IN THE MATTER OF THE
REQUEST FOR REZONE OF .353
ACRES FROM R-4 TO O-T,
LOCATED AT 230 WEST PINE
AVENUE, MERIDIAN, IDAHO
MERLYN AND BRANDON
SCHMECKPEPPER,
Applicant.
Case No: RZ-04-001
FINDINGS OF FACT AND
CONCLUSIONS OF LAW,
DECISION AND ORDER
GRANTING APPLICATION FOR
REZONE
The above entitled matter on the rezoning application of .17 acres having come on
for public hearing on Apri127, 2004, at the hour of 7:00 o'clock p.m., and Council having
received the report of Wendy Kirkpatrick for the Planning and Zoning Department, and Bruce
Freckleton of the Public Works Department, and Anna Powell Planning Director for the Planning
and Zoning Department, Merlyn Schmeckpepper, Charlene Rokovitz, Bob Crispelle, and Audra
Priest, appeared and testified, and the Council having received the record of this matter made
before the Planning and Zoning Commission, and having received their Recommendation to the
City Council, and the City Council having duly considered the evidence and the record in this
matter therefore makes the following Findings of Fact and Conclusions of Law, Decision and
Order:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING FOR 353 ACRES FROM R-4 TO O-T
BY: MERLYN AND BRANDON SCHMECKPEPPER - / (RZ-04-001)
PAGE 1 OF 15
FINDINGS OF FACT
1. The notice of public hearing on the application for rezoning was published
for two (2) consecutive weeks prior to said public hearing scheduled for Apri127, 2004, before
the City Council, the first publication appearing and written notice having been mailed to
property owners or purchasers of record within three hundred feet (300') of the external
boundaries of the property under consideration more than fifteen (15) days prior to said hearing
and with the notice of public hearing having been posted upon the property under consideration
more than one week before said hearing; and that copies of all notices were made available to
newspaper, radio and television stations as public service announcements; and the matter having
been duly considered by the City Council at the Apri127, 2004, public hearing; and the applicant,
affected property owners, and government subdivisions providing services within the planning
jurisdiction of the City of Meridian, having been given full opportunity to express comments and
submit evidence.
2. There has been compliance with all notice and hearing requirements set
forth in Idaho Code §§67-6509 and 67-6511, and Meridian City Code §§11-15-5 and 11-16-1.
The City Council takes judicial notice of its zoning, subdivisions and
development ordinances codified at Meridian City Code Title 11 and Title 12, and all current
zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian adopted
August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the hnpact
Area Boundary.
4. The property is approximately .353 acres in size and is at 230 West Pine
Avenue, Meridian, Idaho, and said legal description is on file with the Clerk's office at Meridian
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING FOR .353 ACRES FROM R-4 TOO-T
BY: MERLYN AND BRANDON SCI3NIECKPEPPER - / (RZ-04-001)
PAGE 2 OF 15
City Hall, 33 East Idaho, Meridian, Idaho. The legal description submitted with the application
is accurate and meets the requirements of the City of Meridian and State Tax Commission.
5. The owners of record of the subject property are Merlyn and Brandon
Schmeckpepper.
6. The Applicant is Merlyn Schrneckpepper.
The property is presently zoned as R-4, and consists of asingle-family
residence.
8. The Applicant requests the property be rezoned to O-T.
9. The proposed site is bordered to the north by R-4, to the south by R-8, to
the east by R-4, and fo the west by R-4.
10. The subject property is within the Area of Impact of the City of Meridian.
11. The entire parcel of the property is included within the Meridian Urban
Service Planning Area as defined in the Meridian Comprehensive Plan.
12. The Applicant proposes to develop the subject property in the following
manner: as an accounting and dispatch office for Seal Co.
13. The Applicant's requested rezoning of the subject real property as O-T is
consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates
the subject property as Old Town.
14. There are no significant or scenic features of major importance that affect
the consideration of this application.
15. In review of the application for rezone it is provided at Meridian
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING FOR .353 ACRES FROM R-4 TO O-T
BY: MERLYN AND BRANDON SCHMECKPEPPER -! (RZ-04001)
PAGE 3 OF 15
City Code § 11-15-1 lfor the General Standards that the Commission and Council review this
proposed zoning amendment and pursuant to the criteria of said section finds that:
15.1 The new zoning will be harmonious with and in accordance with the
Comprehensive Plan;
15.2 The area included in the zoning amendment is not intended to be rezoned
in the future;
15.3 The proposed use will be designed, constructed, operated and maintained
to be harmonious and appropriate in appearance with the existing or
intended character of the general vicinity and that such use will not change
the essential character of the same area, subject to the conditions of the
conditional use process;
15.4 The proposed use will not be hazardous or disturbing to existing or future
neighboring uses, subject to the conditions of the conditional use process;
I5.5 The area will be served adequately by essential public facilities and
services such as highways, streets, police and fire protection, drainage
structures, refuse disposal, water, sewer or that the person responsible for
the establishment of proposed zoning amendment shall be able to provide
adequately any of such services;
15.6 The use will not create excessive additional requirements at public cost for
public facilities and services and will not be detrimental to the economic
welfare of the community;
15.7 The use will not involve uses, activities, processes, materials, equipment
and conditions of operation that will be detrimental to any persons,
property or the general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors;
15.8 The area will have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding public
streets;
15.9 The use will not result in the destruction, loss or damage of a natural or
scenic feature of major importance; and
15.10 The proposed zoning will be in the best interest of the City of Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING FOR .353 ACRES FROM R-4 TO O-T
BY: MERLYN AND BRANDON SCHMECKPEPPER - / (RZ_04-001)
PAGE 4 OF 15
15.2 Staff conditions provide as follows:
A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows:
1. Modify the second line on page five of the staff report by deleting the text referring to
measuring the setbacks from the south side of the existing home and replace it with text referring
to measuring setbacks from the north survey property line.
B. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows:
CONDITIONS OF APPROVAL
1. Remove any existing domestic wells and/or septic systems within this project from their
domestic service per City Ordinance. Wells may be used for non-domestic purposes such as
landscape irrigation.
2. All signage in the proposed project shall be in accordance with the standards set forth in
Section 11-14 of the City of Meridian Zoning and Development Ordinance.
Provide off-street parking in accordance with the City of Meridian Ordinance 11-13 for use
of property.
4. All construction shall conform to the requirements of the Americans with Disabilities Act.
Any assessments or re-assessments for sewer and water service for any new uses will be
determined during the Certificate of Occupancy process.
6. Development of the property shall be in conformance with the Meridian City Code.
7. A Development Agreement shall be required. If the subject property is used for a
commercial use, a ten foot buffer shall be established between the subject property and the
residence located directly north of the subject property. A cedar fence shall be placed 10 ft.
from the north survey property line and a cement curb shall be placed on the north property
line ofthe subject property. The area between the fence and the curb shall be landscaped and
maintained by the owner of the subject property.
C. Adopt the action of the City Council taken at their Apri127, 2004 meeting as follows:
For clarification:
1. The primary concern of the neighbors objection to the rezone is that the
commercial use is incompatible with the surrounding residential uses.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING FOR .353 ACRES FROM R-4 TO O-T
BY: MERLYN AND BRANDON SCHMECKPEPPER - / (RZ-04-001)
PAGE 5 OF 15
2. There was a home occupation business being run out of the residence located at
230 W. Pine Avenue for seven months before the AUP request was presented to
the City. The home occupation for a bookkeeping business, AUP-03-021, was
approved on the subject property on March 4, 2004, but as stated in public
testimony this Accessory Use Permit has been operating illegally by allowing
commercial activity on the premises.
3. There is currently a boundary dispute between the applicant's property, which is
located at 230 W. Pine Avenue, and the adjacent property owner, Charlene
Rokovitz, and which property is currently being rented by Ms. Rokovitz's son,
Damn Rokovitz, and which property is located at 918 West 3`d Street. There
needs to be a resolution of this boundary dispute, between the applicant and the
adjacent property owner, Charlene Rokovitz, either by written agreement between
the two parties or by court order, before a usage of the property by conditional use
permit can be considered.
16. The City Council recognizes the concerns of Damn Rokovitz and Charlene
Rokovitz addressed in their letters dated 4/27/2004 and stamped RECEIVED APR 27 2004
CITY OF MERIDIAN, and Harold Briscoe in his letter which has no date but is stamped
RECEIVED APR 27 2004 CITY OF MERIDIAN.
17. It is found that the requested zoning designation of O-T is in accord with the
effective Comprehensive Plan (02') and Future Land Use Map which designates the subject
property as "Old Town". The text of the Comprehensive Plan (page 99) supports the conversion
of existing single family homes in the O-T zone for uses other than residential uses.
18. The applicant has not indicated that they intend to re-zone the property in the
future.
19. It is found that the applicant has submitted detailed development plans for a
Conditional Use Permit for the property. It is further found that the proposed accounting and
dispatch office use will only be allowed with the approval of a Conditional Use Permit in the
proposed O-T zone.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING FOR .353 ACRES FROM R-4 TO O-T
BY: MERLYN AND BRANDON SCHMECKPEPPER - / (RZ-04-001)
PAGE 6 OF 15
20. It is found that the recent adoption of the City's new Comprehensive Plan has
provided the applicant with the ability to request the O-T zone for the subject property.
Additionally, the classification of Pine Street as a collector and the other commercial uses in the
vicinity of the subject property dictate that the area should be rezoned. Commercial uses in the
vicinity of the subject property include a commercial office and a beauty salon on West 1 S` Street
and a medical office at the intersection of Pine Avenue and West 4s' Street.
21. It is found that the proposed use is appropriate for the area with the inclusion
of an adequate buffer between the proposed commercial use and existing residential uses. There
is an ongoing property line dispute between the property owner and, the neighbor directly to the
north of the subject property. hi recognition of this disputed property line, it is recommended
that the be required as a condition of approval to establish a 10'buffer including privacy fencing
and landscaping between the subject property and the neighboring residence. The existing
building(s) will remain on site and not be altered dramatically for the proposed accounting and
dispatch office.
22. It is found that the requested rezone has the potential to be disturbing to
existing uses based on the complaints that have already been received from neighboring property
owners. A buffer between the proposed use and the neighboring residential property to the north
will be critical to reducing disturbances to adjoining land uses.
23. It is found that the proposed uses will be adequately served by all essential
public services and facilities. The existing residence on the subject property is currently served
by all essential public facilities and services. Drainage will need to be retained on site.
24. It is found that the requested uses will not create excessive additional
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING FOR 353 ACRES FROM Rat TO O-T
BY: MERLYN AND BRANDON SCHMECKPEPPER - / (RZ-04-001)
PAGE 7 OF 15
requirements at public costs for public facilities and services. Additionally, it is found that the
proposed rezone will not be detrimental to the community's economic welfare. As an infill
development the proposed development has a low public cost vs. benefit to the community.
25. It is found that the proposed O-T zoning designation of the property does
not inherently allow uses that will generate activities, processes, materials, equipment, or
conditions that are detrimental to the general welfare of the community.
26. It is found that the proposed O-T zoning will not interfere with general
traffic patterns on any public streets. The subject property is located on a collector street and the
property will be accessed from both an existing alley on the east side of the property and West 3ra
Street, a local road.
27. It is not found that any natural or scenic feature will be lost, damaged or
destroyed by approval of this rezone, as the subject property has already been developed.
28. It is also found that the proposed rezone would be in the best interest of
the City by allowing a property owner to make improvements to the property for re-development
that would otherwise not be allowed without the rezone.
29. It is found that approval of the proposed rezone must be considered
independent of the accompanying Conditional Use Permit application.
30. Approval of this proposed rezone does not automatically approve the
accompanying Conditional Use Permit application, which must stand or fall on its own merit.
CONCLUSIONS OF LAW
1. The Council may take judicial notice of government ordinances, and
policies, and of actual conditions existing within the City and State.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING FOR .353 ACRES FROM R-4 TO O-T
BY: MERLYN AND BRANDON SCHMECKPEPPER - / (RZ-04-001)
PAGE 8 OF 15
2. The City of Meridian has exercised its authority and responsibility as
provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho
Code by the adoption of the Amended Comprehensive Plan City of Meridian adopted August 6,
2002, Resolution No. 02-382.
3. The requested zoning of Old Town District, (O-T) is defined in the Zoning
Ordinance at 11-7-2 L as follows:
(O-T) Old Town District: The purpose of the OT District is to accommodate and
encourage further expansion of the historical core of the community; to delineate a
centralized activity center and to encourage its renewal, revitalization and growth as the
public, quasi-public, cultural, financial and recreational center of the City. A variety of
these uses integrated with general business, medium-high to high density residential, and
other related uses is encouraged in an effort to provide the appropriate mix of activities
necessary to establish a truly urban City center. The District shall be served by the
Municipal water and sewer systems of the City. Development in this District must give
attention to the handling of high volume of traffic, adequate parking, and pedestrian
movement, and to provide strip commercial development, and must be approved as a
conditional use, unless otherwise permitted.
4. Idaho Code § 67-6511 provides and requires that the City shall establish by
ordinance one or more zones or zoning districts in accordance with the adopted Comprehensive
Plan and the ordinance establishing zoning districts can be amended with particular consideration
given to the effects of any proposed zone change upon the delivery of services by any political
subdivision providing public services, including school districts, within the City's planning
jurisdiction and that it is in conformance with the Comprehensive Plan.
Idaho Code § 67-6511A provides:
Each governing board may, by ordinance adopted or amended in accordance with the
notice and hearing provisions provided under section 67-6509, Idaho Code, require or
permit as a condition of rezoning that an owner or developer make a written commitment
concerning the use or development of the subject parcel. The governing board shall adopt
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING FOR .353 ACRES FROM R-4 TO O-T
BY: MERLYN AND BRANDON SCHMECKPEPPER - / (RZ-04-001)
PAGE 9 OF 15
ordinance provisions governing the creation, form, recording, modification, enforcement
and termination of conditional commitments.
6. The City of Meridian by the adoption of Meridian City Code § 11-15-12 has
exercised its authority to require or permit as a condition of rezoning that an owner or developer
make a written commitment concerning the use or development of the subject property.
7. § 11-6-1 ZONING DISTRICT MAP provides in part as follows:
The districts established in this Ordinance as shown on the Official Zoning Map, together
with all explanatory matter thereon, are hereby adopted as part of this Ordinance. Where
uncertainty exists with respect to the boundaries of any of the zoning districts as shown
on the Official Zoning Map, the following shall apply:
7.1 Where district boundaries are indicated as approximately
following the centerline of street lines, highway right-of--way lines, streams, lakes
or other bodies of water, the centerline shall be construed to be such boundary;
7.2 Where district boundaries'are so indicated that they approximately follow the lot
lines, such lot lines shall be construed to be said boundaries;
7.3 Where district boundaries are so indicated that they are approximately parallel to
the centerlines or street lines of streets, or the centerlines or right-of--way lines of
highways, such district boundaries shall be construed as being parallel thereto and
at such distance therefrom as indicated on the Official Zoning Map. If no distance
is given, such dimensions shall be determined by the use of the scale shown on the
Official Zoning Map; and
7.4 Where the boundary of a district follows a raih•oad line, such boundary shall be
deemed to be located in the middle of the main tracks of said railroad line.
8. § 11-15-1 lof the Meridian City Code GENERAL STANDARDS
APPLICABLE TO ZONING AMENDMENTS provides in part as follows:
The Commission and Council shall review the particular facts and circumstances of each
proposed zoning amendment in terms of the following standards and shall find adequate
evidence answering the following questions about the proposed zoning amendment:
8.1 The new zoning will be harmonious with and in accordance with the
Comprehensive Plan.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING FOR .353 ACRES FROM R-4 TO O-T
BY: MERLYN AND BRANDON SCHMECKPEPPER - / (RZ-04-001)
PAGE 10 OF 15
8.2 The area is not intended to be rezoned in the future.
8.3 The area is intended to be developed in the fashion that is allowed under the new
zoning.
8.4 There has been no change in the area or adjacent areas which would dictate the
area should be rezoned.
8.5 The proposed uses will be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance with the existing or intended character
of the general vicinity and that such use will not change the essential character of
the same area;
8.6 The proposed uses will not be hazardous or disturbing to existing or future
neighboring uses;
8.7 The area will be served adequately by essential public facilities and services such
as highways, streets, police and fire protection, drainage structures, refuse
disposal, water, sewer or that the person responsible for the establishment of
proposed zoning amendment shall be able to provide adequately any of such
services;
8.8 The use will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of the
community;
8.9 The proposed uses will not involve uses, activities, processes, materials;
equipment and conditions of operation that will be detrimental to any persons,
property or the general welfare by reason of excessive production of traffic, noise,
smoke, fumes, glare or odors;
8.10 The area will have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding public streets;
8.11 The use will not result in the destruction, loss or damage of a natural or scenic
feature of major importance; and
8.12 The proposed zoning amendment is in the best interest of the City of Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING FOR .353 ACRES FROM R-4 TO O-T
BY: MERLYN AND BRANDON SCHMECKPEPPER - / (RZ-04-001)
PAGE 11 OF 15
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN ADOPTED, the City
Council does hereby Order and this does Order:
1. The Applicant's request is for rezone of .353 acres and the applicant intends to
have the property used as an accounting and dispatch office for Seal Co., which is subject to the
terms and conditions of this Order hereinafter stated; and
2. The following special terms and conditions of use and development relate to this
application to-wit:
A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows:
1. Modify the second line on page five of the staff report by deleting the text referring to
measuring the setbacks from the south side of the existing home and replace it with text referring
to measuring setbacks from the north survey property line.
B. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows:
CONDITIONS OF APPROVAL
1. Remove any existing domestic wells and/or septic systems within this project from their
domestic service per City Ordinance. Wells may be used for non-domestic purposes such
as landscape irrigation.
2. All signage in the proposed project shall be in accordance with the standards set forth in
Section 11-14 of the City of Meridian Zoning and Development Ordinance.
3. Provide off-street parking in accordance with the City of Meridian Ordinance 11-13 for
use of property.
4. All construction shall conform to the requirements of the Americans with Disabilities
Act.
5. Any assessments or re-assessments for sewer and water service for any new uses will be
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING FOR .353 ACRES FROM R-4 TO O-T
BY: MERLYN AND BRANDON SCHMECKPEPPER-/ (RZ-04-001)
PAGE 12 OF 15
determined during the Certificate of Occupancy process.
6. Development of the property shall be in conformance with the Meridian City Code.
7. A Development Agreement shall be required. If the subject property is used for a
commercial use, a ten foot buffer shall be established between the subject property and
the residence located directly north of the subject property. A cedar fence shall be placed
10 8. from the north survey property line and a cement curb shall be placed on the north
property line of the subject property. The area between the fence and the curb shall be
landscaped and maintained by the owner of the subject property.
C. Adopt the action of the City Council taken at their Apri127, 2004 meeting as follows:
For clarification:
The primary concern of the neighbors objection to the rezone is that the
commercial use is incompatible with the surrounding residential uses.
2. There was a home occupation business being run out of the residence located at
230 W. Pine Avenue for seven months before the AUP request was presented to
the City. The home occupation for a bookkeeping business, AUP-03-021, was
approved on the subject property on March 4, 2004, but as stated in public
testimony this Accessory Use Permit has been operating illegally by allowing
commercial activity on the premises.
There is currently a boundary dispute between the applicant's property, which is
located at 230 W. Pine Avenue, and the adjacent property owner, Charlene
Rokovitz, and which property is currently being rented by Ms. Rokovitz's son,
Darrin Rokovitz, and which property is located at 918 West 3Ta Street. There
needs to be a resolution of this boundary dispute, between the applicant and the
adjacent property owner, Charlene Rokovitz, either by written agreemerit between
the two parties or by court order, before a usage of the property by conditional use
permit can be considered.
3. The City Attorney shall prepare for consideration by the City Council the
appropriate ordinance for the re-designation of the zoning for the real property which is the
subject of the application to (O-T) Old Town District (Meridian City Code § 11-7-2 L) which
ordinance shall be considered for passage.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING FOR .353 ACRES FROM R-4 TO O-T
BY: MERLYN AND BRANDON SCHMECKPEPPER - / (RZ-04-001)
PAGE 13 OF 15
4. Subsequent to the passage of the Ordinance, provided for in Section 2 of this
Order, the engineering staff of the Public Works Department shall prepare the appropriate
mapping changes of the official Zoning Maps as provided in Meridian City Code § 11-21-1 in
accordance with the provisions of the rezoning ordinance.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAHINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
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 maybe filed.
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an
interest in real property which maybe adversely affected by this decision 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.
By action of the City Council at its regular meeting held on the day of
2004.
ROLL CALL
COUNCILMAN SHAUN WARDLE VOTED
COUNCILMAN BILL NARY VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING FOR .353 ACRES FROM R-4 TO O-T
BY: MERLYN AND BRANDON SCHMECKPEPPER - / (RZ-04-001)
PAGE 14 OF 15
COUNCILMAN CHARLIE ROUNTREE VOTED
COUNCILMAN KEITH BIItD VOTED
MAYOR TAMMY de WEERD (TIE BREAKER) VOTED
DATED:
MOTION:
APPROVED:
Attest:
DISAPPROVED:
Mayor Tammy de Weerd
William G. Berg, Jr., City Clerk
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department
and the City Attorney.
By:
City C1erk's Office
Dated:
z:Iwof~~e;a~~~~rswownxadme~xzoa-ooi coe-oa-oos~c~oderxe2.aa
FINDINGS OF FACE AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING FOR .353 ACRES FROM R1l TO O-T
BY: MERLYN AND BRANDON SCFIl1'IECKPEPPER - / (RT.-04-001)
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