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MAR 0 2 2005
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City Of Meridian
City Clerk Office
STAFF SUMMARY
OF
PLANNING AND ZONING COMMISSION
RECOMMENDATION TO CITY COUNCIL
Date of Recommendation: March 2, 2005
Project Name: Robert Monson
Case No(s): CUP-OS-001 RZ-OS-001
Applicant: Wescot Edwards
P&Z Commission Hearing Date: February 3, 2005
Recommendation: Approve with conditions
A. Summary of Public Hearing:
1. In favor:: Robert Monson, Owner -Wes Edwards, Architect
2. In opposition: none
3. Commenting: Greg Thueson
4. Staff presenting application: Josh Wilson
5. Other staff commenting on application: None
B. Key Issues of Discussion by Commission:
1. Placement of Sign outside of future right of way
2. Overall Use of the basement for the business
C. Key Commission Changes to Staff Recommendation:
Relocation of the sign would be done at the expense of the developer if required by ACHD
in the future.
D. Outstanding Issue(s) for City Council:
None.
E. CUP Site Plan
1. Date of Original Site Plan: Site Plan drawn 11/15/04
F, Recommended Conditions of Approval (by Commission, if applicable)
Exhibit A -Conditional Use Permit (City staff)
EXHIBIT A
Robert Monson
RZ-OS-001 CUP-OS-001
Legal Description
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WARRANTY DEED
For vehx received Harry D Burke ®d Bernice 5 Burke, hwbud and wife, who awyuirtd Nle as
Flerty D Burke (oo veuiog),
dre Granmr, hereby gangs, bugaiaa. yells, conveys and vrertanty mm
Robert l Mownn xltd Tatyaru V Ftdemva, hnsbaM and wife, husband and wile
the Gmnta, whose enrrealt eddtga iy 104gg Seneca Drive, 6oine, m 83709
the following described premises, W vric
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Parcel Number 89123750008
SD1L16C,T TO; Crmwt General Taxes, a liar m tl!e protean of aasesmnans, not yet 3u~~.
or payable. Fascmenb, [esttictieoa, lesmetiom, provisions ofrxord, atN assessments, if any,
TO NAVE ANO TQ NO1.Q the ,mid praniyw, with their appuryenmoea unto the said
Gmutee, [hair heirs and assign forever. Acrd Ibe avid Grantor dace hereby covenant to end with
0w raid ('rtantee, chat i[ is tha owner in fa: simply of said pranisea, that cold premises am free
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73te Faa half of Lot I, ut Block k of West View Addition, According [o the aBicial Plat thereat.
filed in Book 2 of Ylau et Page fit, tizeds of Ada County, , EXCEPTING that ponioo
deeded to Ada t:aunry i-FighwnY District 1yy W'ananty 13eed receded January 16, 1948 as
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EXHIBIT A
Robert Monson
RZ-OS-001 CUP-OS-001
Approved Site Plan
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EXHIBIT B
ICinetico Quality Systems
RZ-04-018
Site Specific and Standard Comments
SITE SPECIFIC COMMENTS tRezonel
The legal description submitted with the application is accurate and meets the
requirements of the City of Meridian and State Tax Commission.
2. The subject property is within the Urban Services Planning Area.
A Development Agreement will not be necessary with this rezone. All conditions
of approval will be made as part of the conditional use permit.
SPECIAL CONSIDERATIONS
1. Meridian Road Rieht-of-Wav: One major issue affecting this project is the future
right-of--way for Meridian Road. ACHD's Capital Improvements Plan has
identified Meridian Road as being a 3-lane roadway with 4-lanes at the major
intersections, however it is fair to say that the ultimate configuration of Meridian
Road is in flux, and could be wider. The current right-of--way width adjacent to
the project is 30 feet from centerline. ACHD's report requests an additional 12
feet of right-of--way, which would make 42 feet from centerline, half of the 84-
foot minimum needed for the planned 4-lane intersection with curb, gutter, 5-foot
detached sidewalk and bike lanes.
While the applicant does not propose to alter the existing structure with this
application, the City of Meridian needs to allow for any future right-of--way issues
in regards to Meridian Road and prevent encroachment that would inhibit any
road expansion projects. The City of Meridian and the Ada County Highway
District are presently completing a jointly funded Downtown Meridian
Transportation Improvement Plan. Once complete,, the study will provide a
recommendation that Meridian Road will either be afive-lane (96-feet of total
right-of--way, 48-feet of centerline) or a three-lane facility (70-feet of total right-
of-way, 35-feet from centerline). The City of Meridian should protect the
additional right-of--way required for the five-lane alternative, therefore Staff
recommends that the applicant should be required to dedicate a temporary
easement in favor of the ACHD or the City of Meridian for the additional 6-feet
ofright-of--way. The applicant shall submit revised plans showing the requested
right-of--way dedication by ACHD and the easement requested by the City, and
submit 10 copies of the revised plan to the City Clerk's office at least 10 days
prior to the next hearing on this application.
2. Sienaee: No freestanding signs are proposed for this project and none are
approved. Since Old Town does not have specific signage regulations, any wall
signs should be regulated by the L-O standards in the zoning ordinance. See
Condition #5 below.
3. Alternative Com 1~: The uses to the south and west of the proposed project
are cun•ently residential. A strict interpretation of the landscape ordinance would
require a 20-foot buffer between land uses. However, staff supports alternative
compliance for this small site, provided that the applicant works with staff to
determine what additional plantings may be necessary. The Commission should
consider any testimony from the adjacent property owrier when making this
allowance. Alternative Compliance for this site is supported under MCC 12-13-
18-2(B) & (C). See Condition #6 below.
4. Basement of the Structure: The applicant has provided as many parking spaces as
the constraints of the site will allow. Five (5) parking spaces are required to meet
the requirements of Meridian City Code for the proposed 1399 square feet of
building space. Staff is aware that the structure has a basement which is not
included in the 1399 square feet of proposed office and retail space. The
applicant shall be prohibited from utilizing the basement for the retail and office
uses, due to the inability to provide any further parking on the site to meet the
requirements of MCC 11-13-5.
5. Irritation: Meridian City Code requires that this site be served with an automatic
underground irrigation system. Use of non-potable irrigation water is required
when determined to be available by the City Public Works Department as
regulated by City Ordinance 9-1-28. If city potable water is used, a separate
water meter is recommended so the owner can avoid paying sewer fees for
irrigation water. If non-potable irrigation water is not available, the applicant
shall provide evidence to that effect to the Public Works Department. (See
condition #6 below.)
CONDITIONS OF APPROVAL
1. The building and site improvements shall be constructed per the approved plans
with all modifications required by this application.
2. The project is approved for a maximum of 1,399 total square feet of commercial
use. The ratio of off ce to retail use shall not exceed the parking requirements per
MCC 11-13-5(2) and shall adhere to the provisions stated in 11-13-5(7).
3. Prior to issuance of a Certificate of Zoning Compliance, the applicant shall
provide a 6-foot temporary right-of--way easement along Meridian Road in favor
of ACRD or the City of Meridian, beyond the 42-foot right-of--way dedication
required by ACHD.
4. The applicant shall be prohibited from utilizing the basement for the retail and
office uses, due to the inability to provide any further parking on the site to meet
the requirements of MCC 11-13-5. If additional off-street parking designated for
this property is provided in the future, the basement may be converted as long as
all Meridian City Codes in effect at the time can be met.
5. The applicant shall revise the site plan to show the requested right-of--way
dedication and easement, and submit 10 copies of the revised plan to the City
Clerk's office at least 10 days prior to the next hearing on this application.
6. Meridian City Code requires that this site be served with an automatic
underground irrigation system. Use of non-potable irrigation water is required
when determined to be available by the City Public Works Department as
regulated by City Ordinance 9-1-28.
7. No freestanding signs approved for this project. Any wall signs shall be regulated
by the L-O standards for signage in the zoning ordinance.
8. Sanitary sewer and water service shall be from the city of Meridian's existing
systems adjacent to the site. Upgrading of existing service lines may be necessary
to provide a level of service different from a residential use.
9. The buffers between land uses and street buffers are approved per the dimensions
shown on the approved site/landscape plan. The applicant shall work with City
staff to determine any additional plantings to be required through Alternative
Compliance.
10. This conditional use permit shall be subject to the expiration provisions set forth
in MCC 11-17-4.B.
11. All parallel parking stalls shall be at least 9 feet wide and 23 feet long per
Ordinance 11-13-4.F. All drive aisles adjacent to parallel parking shall be at least
12 feet wide.
12. The existing Black Locust tree proposed for removal may be removed without
mitigation.
13. All parking and drive aisles shall be paved for all uses, in compliance with the
submitted plans. Handicap parking spaces shall be signed and striped in
compliance with Federal accessibility guidelines.
14. All exterior lighting, whether attached to the building or located within the
parking lot, shall be down-shielded or otherwise altered so that the light does not
spill over onto adjacent properties or right-of--way. All parking lot lighting shall
be in accordance with Ordinance 11-13-4C.
15. All signage shall be in accordance with the standards set forth in this report and
Section 11-14 of the City Zoning and Development Ordinance. All signage shall
require separate sign permit(s).
16. All construction and site improvements shall conform to the requirements of the
Americans with Disabilities Act and the adopted building and fire codes.
17. A drainage plan designed by a State of Idaho licensed architect or engineer is
required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all
off-street parking areas. Storm water treatment and disposal must be designed in
accordance with Department of Environmental Quality 1997 publication Catalog
of Storm Water Best Management Practices for Idaho Cities and Counties and
City of Meridian standards and policies. Off-site disposal into surface water is
prohibited unless the jurisdiction which has authority over the receiving stream
provides written authorization prior to development plan approval. The applicant
is responsible for filing all necessary applications with the Idaho Department of
Water Resources regarding Shallow Injection Wells.
18. Certificate of Occupancy: All required improvements must be complete prior to
obtaining a Certificate of Occupancy for the proposed development. A temporary
Certificate of Occupancy may be obtained by providing surety to the City in the
form of a letter of credit or cash in the amount of 110% of the cost of the required
improvements (including paving, striping, landscaping, and irrigation). A bid
must accompany any request for temporary occupancy.
Fire Department Comment:
1. Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
2. Final Approval of the fzre hydrant locations shall be by the Meridian Fire
Department.
a. Fire Hydrants shall have the 4 %z "outlet face the main street or parking
lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on
it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with Jire hydrants shall have the curb painted red 10' to each
side of the hydrant location.
e. Fire Hydrants shall be placed on corners.
f Fire hydrants shall not have any vertical obstructions to outlets within
10'.
3. Building setbacks shall be per the Building Code for one and two story
construction.
4. Commercial and office occupancies will require a fare flow consistent with the
International Fire Code to service the proposed project. Fire hydrants shall be
placed an average of 300' apart.
5. Maintain a separation of 5' from the building to the dumpster enclosure.
6. Provide a Knoxbox entry system for the complex.
7. The first digit of the Apartment/Office Suite shall correspond to the floor level.
8. Please contact the Fire Marshal at 888-1234 to work specific issues associated with
this project.
Sanitary Services Comment:
1. Prior to issuance of a Certificate of Zoning Compliance, the applicant shall submit
an approved site plan from SSC.
Police Denartment Comment:
1. The Police Department has no concerns related to the site design submitted with
the application.
Parks Denartment Comment:
1. The Parks Department has no concerns with the site design as submitted with the
application.
ACHD COMMENTS:
ACRD Special Recommendation to the City of Meridian
The City of Meridian and the Ada County Highway District are presently
completing a jointly funded Downtown Meridian Transportation Improvement
Plan. Once the study is complete, the study will provide a recommendation that
Meridian Road will either be afive-lane (96-feet of total right-of--way, 48-feet
from centerline) or a three-lane facility (70-feet of total right-of--way, 35-feet from
centerline) south of the railroad tracks. For this development, the District
recommends that the City ensure that any structures or permanent landscaping
features (i.e. trees) be set back far enough to accommodate either roadway
section.
ACHD Site Specific Conditions of Approval
1. Dedicate 42-feet ofright-of--way from the centerline of Meridian Road abutting
the parcel by means of a warranty deed. Theright-of--way purchase and sale
agreement and deed must be completed and signed by the applicant prior to
scheduling the final plat for signature by the ACHD Commission or prior to
issuance of a building permit (or other required permits), whichever occurs first.
Allow up to 30 business days to process the right-of--way dedication afrer receipt
of all requested material. The owner will be paid the fair market value of the
right-of--way dedicated which is an addition to existing ACHD right-of--way if the
owner submits a letter of application to the impact fee administrator prior to
breaking ground, in accordance with the ACHD Ordinance in effect at that time
(currently Ordinance #200), if funds are available.
2. Construct a 13-foot wide right-out ONLY curb return type driveway (15-foot curb
radii minimum) that intersects Meridian Road at the south property line,
approximately 65-feet south of Pine Avenue (measured from curb line to near
edge). Pave the driveway its full width of 13-feet and 30-feet into the site beyond
the edge of Meridian Road. Provide adequate signage to restrict this driveway to
aright-out ONLY and designate as "DO NOT ENTER".
3. Construct a 13-foot wide right-in/left in curb retum type driveway (15-foot curb
radii minimum) that intersects Pine Avenue approximately 120-feet west of
Meridian Road (measured from curb line to near edge). Pave the driveway its full
width of 13-feet and 30-feet into the site beyond the edge of Pine Avenue.
Provide adequate signage to restrict this driveway to a right-in/left-in ONLY and
designate as "ENTRANCE".
4. Relocate any existing irrigation facilities outside of the right-of--way.
5. Other than the access points that have specifically been approved with this
application, direct lot access to Pine Avenue and Meridian Road is prohibited.
6. Comply with all Standard Conditions of Approval.
ACHD Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of--way.
2. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
Replace any existing damaged curb, gutter and sidewalk and any that maybe
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at
387-6258 (with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standazds and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required
design changes.
Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8. Payment of applicable road impact fees aze required prior to building construction
in accordance with Ordinance #200, also known as Ada County Highway District
Road hnpact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the
right-of--way. The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County Highway
District. The burden shall be upon the applicant to obtain written confirmation of
any change from the Ada County Highway District.
11. Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions. in force at
the time the applicant or its successors in interest advises the Highway District of
its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
EXHIBIT C
Robert Monson
RZ-OS-001
Required Findings for Zoning Amendment
STANDARDS FOR ZONING AMENDMENT
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 (11-I 5-11):
A. Will the new zoning be harmonious with and in accordance with the
Comprehensive Plan and, if not, has there been an application for a
Comprehensive plan amendment;
Staff finds that the requested Old Town (O-T) zoning designation is in accord
with the Comprehensive Plan's Future Land Use Map, which delineates the
subject property as "Old-Town". The text of the Comprehensive Plan (page 99)
supports a variety of uses in the O-T zone, including offices and retail. In
addition, it states, "In order to provide and accommodate preservation of the
historical character, specific design requirements may be imposed. Pedestrian
amenities would be emphasized."
B. Is the area included in the zoning amendment intended to be re-zoned in the
future;
Staff finds that the proposed re-zone and accompanying development plans
comply with the requested zone and staff does not anficipate that the property will
be rezoned in the future.
C. Is the area included in the zoning amendment intended to be developed in the
fashion that would be allowed under the new zoning;
Staff finds that the applicant has submitted detailed development plans for a
Conditional Use Permit for the property. Staff further finds that the proposed
office/retail use will only be allowed with the approval of a Conditional Use
Permit in the proposed O-T zone.
D. Has there been a change in the area or adjacent areas which may dictate that
the area should be rezoned;
Staff finds that the City's Comprehensive Plan has provided the applicant with the
ability to request the O-T zone for the subject property. Much of Meridian Road
has already redeveloped from residential to office or commercial uses.
E. Will the proposed uses 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;
Staff finds that the proposed development'is designed in a manner that will be
harmonious with and appropriate in appearance with the existing neighborhood.
The proposed office/commercial use will be in harmony with the intended uses in
Old Town.
F. Will not be hazardous or disturbing to existing or future neighboring uses;
Staff finds that the requested rezone should not be disturbing to existing or future
neighboring uses. Through the comp plan process, the City determined that
compact, infill development is appropriate for the area. Any future change of use
on the property that may have a significant impact on the surrounding properties
will require conditional use approval under current ordinances, and adjoining
property owners will have an opportunity to comment.
Staff anticipates that the proposed office/retail building use will not be hazardous
or disturbing to the neighboring uses. The Commission and Council should
consider all public testimony, oral and written, before making this finding.
G. Will be served adequately by essential public facilities and services such as
highways, street, police, and fire protection, drainage structures, refuse
disposal, water, sewer or that the person responsible for the establishment of
proposed conditional use shall be able to provide, adequately any such
service;
Staff finds that the proposed uses can be adequately served by all essential public
services and facilities. Drainage will need to be retained on site.
H. 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;
Staff finds that the requested uses will not create excessive additional
requirements at public costs for public facilities and services. Additionally, staff
finds that the proposed rezone would not be detrimental to the economic welfare
of the community.
I. Will not involve uses, activities, processes, materials, equipment, and
conditions that will be detrimental to any persons, property, or general
welfare by reason of excessive production of traffic, noise, smoke, fumes,
glare or odors;
Staff finds that the proposed O-T zoning designation of the property does not
inherently allow uses that will generate activities, processes, materials,
equipment, and conditions that are detrimental to the general welfare of the
community.
J. Will have vehicular approaches to the property which shall be so designed as
not to create an interference with traffic on surrounding public streets;
Staff finds that the proposed O-T zoning will not interfere with general traffic
patterns on any public streets. Please refer to the revised ACHD staff report for a
full report on traffic issues.
K. Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance.
Staff finds that no natural or scenic features will be lost or damaged by the
project.
L. Is the proposed zoning amendment in the best interest of the City;
Staff fmds 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.
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of a request to rezone 0.249 acres from R-8 (Medium Density Residential) to
O-T (Old Town) and for a Conditional Use Permit for a new Office/Retail Building in a
Proposed O-T Zone, by Robert Monson
Case No(s): RZ-OS-001, CUP-OS-001
For the City Council Hearing Date of: March 8, 2005
A. Findings of Fact
Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the first publication appearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300')
of the external boundaries of the property. The notice of public hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing. All other noticing was done consistent with Idaho Code §67-
6509.
The matter was duly considered by the City Council at the February 3, 2005, public
hearing(s). The applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction of the City of Meridian were
given full opportunity to express comments and submit evidence.
b. Written and oral testimony was received on this matter, as reflected in the records
of the City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony).
c. The Planning and Zoning Commission conducted a public hearing and issued a
written recommendation on the subject matter to the City Council.
d. The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
2. Process Facts
a. There has been compliance with all notice and hearing requirements set forth in
Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
3. Application and Property Facts
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-OS-D01 CUP-OS-001 - PAGE I of4
a. In addition to the application and property facts noted in the staff report and the
Planning & Zoning Recommendation for the subject application(s), it is hereby
verified that the property owner(s) of record at the time of issuance of these
findings is Robert Monson.
4. Required Findings per Zoning and Subdivision Ordinance
a. See Exhibit C for the findings required for this application.
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 Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, 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 August 6, 2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code
§ 11-17-9.
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 and Zoning Department, the Public Works Department and
any affected party requesting notice.
7. That this approval is subject to the Legal Description in Exhibit A, the Site Plan dated
November I5, 2004 as shown in Exhibit B and the Site Specific and Standard
Comments in Exhibit C. 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 § 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's CUP Site Plan as evidenced by having submitted the site plan dated
November 15, 2004 is hereby conditionally approved; and
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW' AND DECISION & ORDER
CASE NO(S). RZ-OS-001 CUP-OS-001 -PAGE 2 of 4
2. The Site Specific and Standazd Comments aze as shown in Exhibit B.
D. Notice of Applicable Time Limits
1. Notice of Eighteen (18) Month Conditional Use Permit Duration
Please take notice that the conditional use permit shall be valid for a maximum period
of eighteen (18) months unless otherwise approved by the council. During this time,
the permit holder must commence the use as permitted in accordance with the
conditions of approval, satisfy the requirements set forth in the conditions of approval,
acquire building permits and commence construction of permanent footings or
structures on or in the ground. In this context "structures" shall include sewer and
water lines, streets or building construction. The applicant has specified in the
application and to the commission and council a construction schedule and completion
date for the project. If the completion date specified for the project is exceeded, the
conditional use application shall become null and void. However, the applicant may
submit an application for a time extension on the project for city council review. The
application for time extension shall be submitted at least thirty (30) days prior to the
deadline for completion of the project. For projects requiring platting, the final plat
must be recorded within this eighteen (18) month period. For projects with multiple
phases, the eighteen (18) month deadline shall apply to the first phase. In the event that
the development is made in successive contiguous segments or multiple phases, such
phases shall be constructed within successive intervals of one year from the original
date of approval by the council. If the successive phases are not submitted within one
year intervals, the conditional approval of the fixture phases shall be null and void.
(MCC 11-17-4.B.)
E. .Notice of Final Action and Right to Regulatory Takings Analysis
1. 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.
2. 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 the issuance or denial of
the conditional use permit approval 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. Exhibits
Exhibit A: Legal Description
Exhibit B: Approved Site Plan CUP
Exhibit C: Site Specific and Standard Comments
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-OS-OOl CUP-OS-001 -PAGE 3 of 4
Exhibit D: Zoning Amendment Findings
By action of the City Council at its regular meeting held on the
_ , 2005.
COUNCIL MEMBER SHAUN WARDLE .VOTED
COUNCIL MEMBER CHRISTINE DONNELL VOTED
COUNCIL MEMBER CHARLIE ROUNTREE VOTED
COUNCIL MEMBER KEITH BIRD VOTED
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
Mayor Tammy de Weerd
Attest:
William G. Berg, Jr., City Clerk
day of
Copy served upon Applicant, The Planning and Zoning Department, Public Works Department
and City Attorney.
By:
City Clerk
Dated:
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAbi' AND DECISION & ORDER
CASE NO(S). RZ-OS-001 CUP-05.001 -PAGE 4 of 4