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"'° ° " ` PLANNING
RECOMME
Date of Recommendation: March 2, 2005
STAFF SUMMARY
OF
AND ZONING COMMISSION
NDATION TO CITY COUNCIL
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 Edwazds, 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 fixture right of way
2. Overall Use of the basement for the business
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e;ity Of 1bleridian
City Clerk Oll'ice
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)
RECENEI)
EXHIBIT A
Robert Monson
RZ-OS-001 CUP-OS-001
Legal Description
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EXHIBIT A
Robert Monson
RZ-OS-001 CUP-OS-001
Approved Site Plan
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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
0-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 recommendafion 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-001 CUP-OS-001 - PAGE I of 4
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
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 15, 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:
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 Standard Comments are 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 fime 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 aze not submitted within one
year intervals, the conditional approval of the future 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 Standazd Comments
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-OS-001 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 day of
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
Copy served upon Applicant, The Planning and Zoning Deparhnent, Public Works Department
and City Attorney.
City Clerk
Dated:
CITY OF MERIDIAN FINDTNGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ•OS-001 CUP-OS-001 -PAGE 4 of 4