HomeMy WebLinkAboutElixir Sub MI 02-004 MAYOR
Robert D. Corfie
CITY COUNCIL MEMBERS
William L. M. Nary
Keith Bird
Tammy deWeerd
Cherie McCandless
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
(208) 888-4433 · Fax (208) 887-4813
City Clerk Office Fax (208) 888-4218
LEGAL DEPARTMENT
(208) 288-2499 · Fax 288-2501
PUBLIC WORKS
(208) 898-5500 · Fax 887-1297
BUILDING DEPARTMENT
(208) 887-2211 · Fax 887-1297
PLANNING AND ZONING
(208) 884-5533 · Fax 888-6854
TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian City
Council please submit your comments and recommendations to Meridian City Hall
Attn: Will Berg, City Clerk, by:
Transmittal Date:
File No.:
Request:
May 2, 2002
By:
Location of Property or Project:
April 25, 2002 Headng Date: May 7, 2002
MI 02-004
Request for modification of the Findings of Fact and Conclusions of Law and
Order of Conditional Approval of Preliminary Plat regarding sidewalk requirement
Paul Clayton
52t N. Eagle Road
David Zaremba, PtZ ~ VA~ VAC, ~P~
Jerry Centers, P/Z
Leslie Mathes, P/Z
Keven Shreeve, P/Z
Keith Borup, P/Z
Robert Corrie, Mayor
Bill Nary, C/C
Tammy deWeerd, C/C
Keith Bird, C/C
Cherie McCandless, C/C
Water Department
Sewer Department
Sanitary Service
Building Department
Fire Department
Police Department
City Attorney
City Engineer
City Planner
Parks Department
Your Concise Remarks:
Meddian School District ~w
Meridian Post Office ~P/PPOnly)
Ada County Highway Distdct
Community Planning Assoc.
Central Distdct Health
Nampa Meridian Irrig. District
Settlers Irrigation District
Idaho Power Co. ~/ppo.~
U.S. West (FP/PPonly)
i ntermountain Gas (FP,,'PP on/y)
Bureau of Reclamation
Idaho Transportation Department
Ada County (~o,,~
CITY OF MERIDIAN
Planning & Zoning Department
660 E. Watertower Ln., Ste. 202, Meridian, ID 83642
(208) 884-5533 Phone / (208) 888-6854 Fax
FILE
M I - oz-ooH
MISCELLANEOUS APPLICATION
APPLICANT:
ADDRESS: ~'OI
OWNER:
PHONE: ~? 7"' ~'"g 0%/
I Y~ gs~q2..
PHONE: ~. to) 7(0'7" 3qO0
CP~ qO Z.q&
GENERAL LOCATION: ~ ~; ~¢'
LEGAL DESCRIPTION OF PROPERTY:
PROOF OF OWNERSHIP OR VALID OPTION: A copy of your property deed or option
agreement must be attached.
PRESENT ZONE CLASSIFICATION:
VICINITY SKETCH: A vicinity map and/or site plan at a scale approved by the City showing
property lines, existing streets, easements, and such other items as the City may require (35
copies).
SURROUNDING PROPERTY OWNERS: A list of all property owners and addresses (from
authentic tax records of Ada County) within, contiguous to, directly across the street from, and
within a 300' radius of the proposed vacation must be attached (if applicable).
Fee: $225.00
I hereby certify that the information contained herein is true and correct. I also certify that I will
post the property one (1) week before each public hearing.
Rev. 2/1/02
Bergey Land Surveying
4232 Adams Street
Boise, Idaho 83714
672-8407
To: City of Meridian
From: Doug Bergey
RE: Miscellaneous Application, Elixir Subdivision
April 12, 2002
This application is filed to request removal of the conditional requiremem for the 5-foot
wide sidewalk on Eagle Road as stated in item 17 of the "Findings of fact and
conclusions of law and order of conditional approval of preliminary plat", Case No. PP-
01-014 dated 09/04/01.
Please see attached letters from Michael Fuss, PE to Dan Coonce, P.E. and letter in
response to Mr. Fuss from Mr. Coonce.
Thank you for your consideration on this matter.
!
!
November 21,2001
Mr. Dan Coonce~ P.E.
~d~ho Transportation Department, District 3
81 $0 Chinden Boulevard
Boise, ID 83714
3130 South Owyhee Street
Boise, Idaho 83105-4168
208.342.5400
Fax 208.342.5353
City of Meridian - Order of Conditional Approval of Preliminary Plat
Elixir Properties Subdivision,
521 N. Eagle Road, Meridian, Idaho
Elixir Industries, Applicant
Mr. Coonce:
The Meridian City Council Case No. PP-01-014 Order of Conditional Approval of Preliminary
Plat condition number 11 requires that the Elixir Subdivision "[c]omply with the requirements of ITD
for Eagle Road." We respectfully request a coordinated review of the following proposals associated
with conditions:
13.
17.
Pave the private roadway a minimum of 24-feet wide and at least 30-feet into the site beyond the
edge of pavement of Eagle Road and install pavement tapers with 15-foot radii abutting the
existing roadway edge. The applicant shall provide a plan showing how the Private road grade
meets the public road. District Policy requires a design approach speed of 20 MPH and a
maximum intersection approach grade of 2% for at least 40-feet.
Construct a 5-foot wide concrete sidewalk on Eagle Road located 2-feet within the right-of-way.
Coordinate the location and elevation of the sidewalk with District Staff.
Regarding condition 13, the subject roadway, Commercial Lane, was in place prior to the
reconstruction of Eagle Road. Commercial Lane was recently reconstructed and improved with a new
asphalt section. The intersection of Commercial Lane with Eagle Road was reconstructed as part of
the Eagle Road Project, and was constructed with 40-foot edge of pavement radii. The intersection
appears to have functioned adequately since the reconstruction, and is not unlike similar roadway
intersecting applications along Eagle Road. We respectfully request retaining the existing condition of
the Commercial Lane intersection with Eagle Road. We further request that the 3% roadway approach
grade of Commercial Land with Eagle Road be maintained as it currently, and formerly, existed.
whpacific, corn
Filcnamc: 833004_2N l.doc
planners surveyors engineers
landscape architects
Regarding condition 17, the finding to construct a 5-foot sidewalk on Eagle Road was a
recommendation of Ada County Highway District. The preliminary review of W&H Pacific indicates
that a significant amount of earthen fill material will be required to construct a sidewalk at the roadway
grade. The construction of sidewalk along Eagle Road will affect the current storm water drainage
conveyance system, and may conflict with existing utilities. We request the elimination of the
sidewalk requirement and propose sidewalk construction coincide with future ITD roadway and storm
drainage improvements. This request aligns with the directive provided to W&H Pacific subsequent to
discussion with ITD personnel.
We understand that these conditions require interagency coordination be,w,'een the Idaho
Transportation Department and the Ada County Highway District and ask your coordinated effort to
review these requests.
Your immediate attention to this request will be greatly appreciated. If you have any questions
and/or comments, or desire additional substantiation, please do not hesitate to contact us.
Sincerely,
W&H PACIFIC
Project Engineer
DOuglas Unger, P.E.
Project Manager
CC:
David KcKinnon, City of Meridian
Bruce Freckleton, City of Meridian
Joyce Newton, Ada County Highway District
Paul Clayton, Elixir Industries
David Holm, Holm Construction Management
Steve Trout, Trout Architects
Douglas Bergey, Bergey Land Surveying
Attachments:
Vicinity Sketch
Elixir Subdivision Preliminary Plat
Topographic survey of the existing intersection
Ada County Highway District Staff Comments
City of Meridian Order of Conditional Approval of Preliminary Plat
whpacific.corn
planners surveyors engineers
landscape architects
Osc-C?-O1 15:46 From-~&H Pacfic Boise, I0 837C$ 20t 342 $353 T-5?Z P.OOI/OQ1 F-268
TRANSPORTATION DEPARTMENT
DISTRICT3 · P.O. 80X 80~$ · 9015E, I0 · 83707-202a · (~08) 334.8300
W & H PACIFIC
DEC 7 2001
RECEIVED
December 6, 2001
Michael Fuss, P.I~.
W & H Pacific
3130 South Owyhee Street
Boise, Idaho' 837054768
Post-it~ Fax Note 7071 Date I i, ct ·
[page&-
From ~
P~ N P~ne ~
F= ~ F~ ~
Re: Elixir Subdivision No. PP-10-014 Commercial Lane & Eagle Road
Dear Michael,
We have no objection to the Proposed development. Since none of the development as proposed
requixes work on the State r/ght of way no perm.it will be required from I.T.D. We have no
requirement for sidewalk and would prefer the sidewalk (if required by other agencies) to be
placed outside of the State right of way.
Please call me at 334-8340 if you have any questions.
District Traffic Engineer
DC:LDS;lds
- An Equal Opportuni~ Employer
(Sigmtur~)
, will see that the property is posted at least one week
THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 09/04/01
IN THE MATTER OF THE
REQUEST FOR REZONE OF
APPROXIMATELY 1 ACRE IN
SIZE AND PART OF A LARGE
PARCEL OWNED BY THE
APPLICANT, FOR PROPOSED
ELIXIR SUBDMSION, FROM I-
L TO L-O, LOCATED ON THE
WEST SIDE OF EAGLE ROAD,
JUST NORTH OF THE
RAILROAD TRACIr~S,
MERIDIAN, IDAHO
ELIXIR INDUSTRIES,
APPLICANT.
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Case No: RZ-OI-O06
FINDINGS OF FACT AND
CONCLUSIONS OF LAW,
DECISION AND ORDER
GRANTING APPLICATION
FOR REZONE
The abOve entitled matter on the rezoning application of 1 acre in size
and part.of a large parcel owned by the applicant, having come on for public hearing
on September 4, 2001, at the hour of 6:30 o'clock p.m., and Council having received
the report of Shari Stiles, Planning and Zoning Administrator, and Shari Stiles,
Planning and Zoning Administrator, appeared and testified, and appearing and
testifying on behalf of the Applicant was Paul Clayton, and appearing and testifying
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 1 AGRE IN SIZE AND PART OF A LARGE
PARCEL OWNED BY THE APPLIGANT FROM I-L TO L-O
BY: ELIXIR iNDUSTRIES / (RZ-OI-006) - 1
5vith comments or concerns were: Brad Miller and Becky Bowcutt, and no one
appeared in opposition, 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
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
September 4, 2001, 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 September 4, 2001,
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 1 ACRE IN SIZE AND PART OF A LARGE
PARCEL OWNED BY THE APPLICANT FROM I-L TO L-O
BY: ELIXIR INDUSTRIES/(RZ-01-O06) - 2
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.
3. The City Council takes judicial notice of its zoning, subdivisions
and development ordinances codified at Meridian City Code Title 1 ! and Title 12,
and all current zoning maps thereof, and the Comprehensive Plan of the City of
Meridian adopted December 2 l, 1993, Ordinance No. 629 -- January 4, 1994, and
maps and the ordinance Establishing the Impact Area Boundary.
4. The property is approximately 1 acre in size and part of a large
parcel owned by the applicant. The property is generally located on the west side of
Eagle Road, just north of the railroad tracks, in Meridian, Idaho, and is described as
follows:
A parcel of land being a portion of the SE I/4 of Section 8, T. 3N., R. 1E., B.M.,
Meridian, Ada County, Idaho and being more particularly described as follows:
Commencing at a brass cap marking the Southeast comer of said SE I/4 of Section 8,
thence North 01°29'03'' East 1298.35 feet along the Easterly boundary of said SE 1/4
to the Northerly right of way line of the Union Pacific Railroad, thence North
88°28'27'' West 70.00 feet along said Northerly right-of-way line to a point on the
Westerly right-of-way line of N. Eagle Road, thence North 01°29'03'' West 279.93
feet along said Westerly right-of-way line to the REAL POINT OF BEGINNING;
Thence leaving said Westerly right-of-way line, North 88°28'27" West 259.63 feet to
a point;
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 1 ACRE IN SIZE AND PART OF A LARGE
PARCEL OWNED BY THE APPLICANT FROM I-L TO L-O
BY: ELIXIR INDUSTRIES / (RZ-O 1-006) - 3
Thence North 01°29'03' East 170.00 feet to a point;
Thence South 88°28'27'' East 202.61 feet to a point on said Westerly right-of-way
line;
Thence South 69004'04" East 60.47 feet along said Westerly fight-of-way line to a
point;
Thence South 01029'03'' West 149.91 feet along said right-of-way line to the point of
beginning, comprising 1.00 acres, more or less.
SUBJECT TO:
Any easements of record or appearing on the above described parcel of land.
5. The owner of record of the subject property is Elixir Industries of
Gardena, California.
6. The Applicant is Paul B. Clayton for Elixir Industries, Meridian,
Idaho.
lot.
7. The property is presently zoned as I-L, and is used as a parking
8. The Applicant requests the property be rezoned to L-O.
9. The proposed site is surrounded by vacant land owned by Elixir
Industries and zoned I-L and land north of the railroad zoned I-L.
10. The subject property is within dry limits 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 1 ACRE IN SIZE AND PART OF A LARGE
PARGEL OWNED BY THE APPLICANT FROM I-L TO L-O
BY: ELIXIR INDUSTRIES / (RZ-OI-006) - 4
12. The Applicant proposes to develop the subject property in the
following manner: Construction of a Primary Health Medical Building.
13. The Applicant's requested rezoning of the subject real property as
L-O is consistent with the commercial designation on the Meridian Comprehensive
Plan Generalized Land Use Map.
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
City Code § 11-15-11for 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
15.2
15.3
15.4
The new zoning will be harmonious with and in accordance with
the Comprehensive Plan;
The area included in the zoning amendment is not intended to be
rezoned in the future;
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,
subiect to the conditions of the conditional use process;
The proposed use will not be hazardous or disturbing to existing
or future neighboring uses, subject to the conditions of the
conditional use process;
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 1 ACRE IN SIZE AND PART OF A LARGE
PARCEL OWNED BY THE APPLICANT FROM I-L TO L-O
BY: ELIXIR INDUSTRIES / (RZ-O 1-006) - 5
15.5
The area 5vill 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.
15.2 Staff conditions provide approval of the rezoning to L-O for the
property with conditions as follows:
Adopt the Recommendations of Planning and Zoning staff and Engineering
staff as follows:
No conditions were applied. There are conditions attached to the
Preliminary Plat, of which this parcel is part.
Adopt the Recommendations of the Meridian Fire Department as
follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 1 ACRE IN SIZE AND PART OF A LARGE
PARCEL OWNED BY THE APPLICANT FROM I-L TO L-O
BY: ELIXIR INDUSTRIES / (RZ-OI-O06) - 6
Provide a fire-flow as required by the 1997 Uniform Fire Code AppendLx
III-A. Show all proximity hydrants within 500' of the project.
3. All comers shall have a 28' inside radius and 48' outside radius.
Comply with the 1997 Uniform Fire Code for the storage of Medical
Gases.
Adopt the Recommendations of the Ada County Highway District as follo~vs:
Applicant shall be required to comply with the Ada County Highway
District's letter dated July 18,2001, including the Special
Recommendations to the City of Meridian, Special Recommendations
to Idaho Transportation Department, Site Specific Requirements and
Standard Requirements prior to ACHD's approval of the final plat.
Adopt the Recommendations of the State of Idaho Transportation Department
as follows:
The Department has no problems with the project at this time, but as
long as no work is done on the SH-55 right of way no permits shall be
needed from ITD.
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.
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 Comprehensive Plan City of Meridian adopted
December 21, 1993, Ord. No. 629, January 4, 1994.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 1 ACRE IN SIZE AND PART OF A LARGE
PARCEL OWNED BY THE APPLIGANT FROM I-L TO L-O
BY: ELIXIR INDUSTRIES / (RZ-O 1-006) - 7
3. The requested zoning of Limited Office (L-O) is defined in the Zoning
Ordinance at 11-7-2 G as follows:
(L-O) Limited Office District: The purpose of the L-O District is to permit the
establishment of groupings of professional, research, executive, administrative,
accounting, clerical, stenographic, public service and similar uses. Research
uses shall not involve heavy testing operations of any kind of product
manufacturing of such a nature to create noise, vibration or emissions of a
nature offensive to the overall purpose of this District. The L-O District is
designed to act as a buffer between other more intense nonresidential uses and
high density residential uses, and is thus a transitional use. Connection to the
Municipal water and sewer system of the City is a requirement in this District.
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, induding school districts, within the City's planning jurisdiction and that it
is in conformance with the Comprehensive Plan.
5. Idaho Code § 67-651 lA 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 ordinance provisions governing the
creation, form, recording, modification, enforcement and termination of
conditional commitments.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 1 ACRE IN SIZE AND PART OF A LARGE
PARCEL OWNED BY THE APPLICANT FROM I-L TO L-O
BY: ELIXIR INDUSTRIES / (RZ-O 1-006) - 8
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. § i 1-6-1 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 centefline of street lines, highway right-of-way lines,
streams, lakes or other bodies of water, the centefline 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 centeflines or street lines of streets, or the centeflines 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 Offidal 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 railroad line, such boundary
shall be deemed to be located in the middle of the main tracks of said
railroad line.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF l ACRE IN SIZE AND PART OF A LARGE
PARCEL OWNED BY THE APPLICANT FROM I-L TO L-O
BY: ELIXIR INDUSTRIES / (RZ-O1-006) - 9
8. § 11-15-1 lof the Meridian City Code GENERAL STANDARDS
APPLICABLE TO ZONING AMENDMENTS provides in part as follosvs:
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 follo~ving questions
about the proposed zoning amendment:
8.1 The new zoning will be harmonious with and in accordance with the
Comprehensive Plan.
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 adiacent areas which would
dictate the area should be rezone&
8.5
8.6
8.7
8.8
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;
The proposed uses will not be hazardous or disturbing to existing or
future neighboring uses;
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 th.e establishment of proposed zoning amendment shall be able to
provide adequately any of such services;
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;
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 1 ACRE IN SIZE AND PART OF A LARGE
PARCEL OWNED BY THE APPLIGANT FROM I-L TO L-O
BY: ELIXIR INDUSTRIES / (RZ-01-006) - I 0
8.9
8.10
8.11
8.12
The proposed uses ~vill 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;
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;
The use will not result in the destruction, loss or damage of a natural or
scenic feature of major importance; and
The proposed zoning amendment is in the best interest of the City of
Meridian.
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 for rezone of approximately 1 acre in size and
part of a large parcel owned by the applicant for construction and development of a
Primary Health Medical Building., subject to the terms and conditions of this Order
hereinafter stated; and
2. The f(illowing spedal terms and conditions of use and
development relate to this application to-wit:'
Adopt the Recommendations of Planning and Zoning staff and Engineering
staff as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 1 ACRE IN SIZE AND PART OF A LARGE
PARCEL OWNED BY THE APPLICANT FROM I-L TO L-O
BY: ELIXIR INDUSTRIES / (RZ-OI-O06) - I l
No conditions were applied. There are conditions attached to the
Preliminary Plat, of which this parcel is part.
Adopt the Recommendations of the Meridian Fire Department as follows:
o
Adopt
5.
Adopt
as follows:
e
Provide a fire-flow as required by the 1997 Uniform Fire Code Appendix
III-A. Show all pro, miry hydrants within 500' of the proiect.
All comers shall have a 28' inside radius and 48' outside radius.
Comply with the 1997 Uniform Fire Code for the storage of Medical
Gases.
the Recommendations of the Ada County Highway District as follows:
Applicant shall be required to comply with the Ada County Highway
District's letter dated July 18, 2001, including the Special
Recommendations to the City of Meridian, Special Recommendations
to Idaho Transportation Department, Site Specific Requirements and
Standard Requirements prior to ACHD's approval of the final plat.
the Recommendations of the State of Idaho Transportation Department
The Department has no problems with the project at this time, but as
long as no work is done on the SH-55 right of way no permits shall be
needed from lTD.
The City Attorney shall prepare for consideration by the
City Coundl the appropriate ordinance for the re-designation of the zoning for the
real property which is the subject of the application to (L-O) Limited Office District
(Meridian City Code § 11-7-2 G) which ordinance shall be considered for passage.
4. Subsequent to the passage of the Ordinance, provided for in
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 1 ACRE IN SIZE AND PART OF A LARGE
PARCEL OWNED BY THE APPLICANT FROM I-L TO L-O
By: ELIXIR INDUSTRIES / (RZ-O 1-006) - 12
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
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 pe.rs, on being a person
who has an interest in real property which may be adversely affected by the issuance
or denial of the rezo.ning may, within twenty-eight (28) days after the date of this
decision and order, seek a iudicial review as provided by Chapter 52, Title 67, Idaho
Code.
of
By action of the City Council at its regular meeting held On the
efl/-e/ , 2oo .
ROLL CALL
COUNCILMAN RON ANDERSON
COUNCILMAN KEITH BIRD
COUNCILWOMAN TAMMY deWEERD
COUNCILWOMAN CHERIE McCANDLESS
VOTED
VOTED
VOTED
VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 1 ACRE IN SIZE AND PART OF A LARGE
PARGEL OWNED BY THE APPLIGANT FROM I-L TO L-O
BY: ELIXIR INDUSTRIES / (RZ-OI-O06) - 13
Ci
MAYOR ROBERT CORRIE (TIE BREAKER)
DATED: ~'~/~ -a/
VOTED
MOTION:
APPROVED.~~
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney.
City Clerk
Dated:
Z:\WorkXM~leridianXMeridian 15360M~lixier Sub RZ01-006 PP0 I-014 VAR01-012~fsClsOrderREZ01-006.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 1 ACRE IN SIZE AND PART OF A LARGE
PARCEL OWNED BY THE APPLICANT FROM I-L TO L-O
BY: ELIXIR INDUSTRIES / (RZ-OI-006) - 14