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City Clerk Checklist
CITY CLERK FILE CHECKLIST Project Name: Instant Equity Auto File No. Contact Name: Roger Collins Phone: Date Received from Planning and Zoning Department: Planning and Zoning Level: ❑ Transmittals to agencies and others: ❑ Notice to newspaper with publish dates: ❑ Certifieds to property owners: � 939-4041 Hearing Date: ❑ Planning and Zoning Commission Recommendation Notes: City Council Level: XI Transmittals to agencies and others: ❑ Notice to newspaper with publish dates: ❑ Certifieds to property owners: ❑ City Council Action: August 15, 2008 and ❑ Approve ❑ Deny Hearing Date: September 9, 2008 August 19, 2008 08/25/08 and 09/01/08 ❑ Approve ❑ Deny ❑ Findings / Conclusions / Order received from attorney on: Findings / Conclusions / Order: Resoli ❑ Approved by Council Onglnel Res, Copy car[ Mlnutab°°k Copy Res,CopyCart �y�an Clry Engineer Ciry Planner Copies Disbursed: C V Apomey srenpCp6fia5 Project Fila Findings Recorded Deputy Clark Copy R., CnDinal Cart Ada County (CPAs) Development Agreement: Applicant(nonCPAs) Recarasa°ranancas Onpinal. Minute000k Sent for signatures: ❑ copies ro: City Clark 3MRT. r.Aclbm easi state Trrer, Aualor, Assessor Signed by all parties: ❑ Staining Coat — Ciy Atlomey City Engineer ❑ Approved by Council: CiyIN— IMe Prow(i(appl.) AppllCanl Recorded: ❑ Dapuy Clerk Flnan�, °rars: CnDinel. Mlnuteo°ok ❑ Copies Disbursed: Cop" rI. AapNoanl Prpn n, Ciry Engineer City Planner Ordinance No. Resolution No. ty Dlp yC17 Approved by Council: •- R.00ra vaoeaon inan� Rxoraa D.vaonmma.oaraem.nts: D an�Firapr°otF„a ❑ Recorded: Deadline: 10 days np ee to AAPNcant Project file C;ry Engineer ❑ Published in newspaper: City Planner City N�i„ ❑ Copies Disbursed: Notes: royr_ j l�. n --Lkd �E IDIAN- TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN Mayor Tammy de Weerd City Council Members: Keith Bird Joe Borton Charles Rountree David Zaremba 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: Jaycee Holman, City Clerk, by: Transmittal Date: August 19, 2008 File No Hearing Date: September 9, 2008 AP 08-005 September 2, 2008 Request: Public Hearing -City Council Review of an Appeal of the Planning Director's denial of Instant Equity Auto's request for CZC approval (CZC 08-010) to operate w/out connection to city services & denial of an Alternative Compliance (ALT 08-004) request for reduced landscape buffers adjacent to Fairview Avenue & a residential zoning district for Instant Equity Auto By: The Land Group Location of Property or Project: 1065 E. Fairview Avenue Joe Marshall (No FP) David Moe (No FP) Wendy Newton-Huckabay (No FP) Michael Rohm (No FP) Tom O'Brien (No FP) Tammy de Weerd, Mayor Charlie Rountree, C/C Joe Borton, C/C Keith Bird, C/C David Zaremba C/C Water Department Sewer Department Sanitary Services (No VAR, VAC, FP) Building Department / Rich Greene Fire Department Police Department City Attorney City Engineer City Planner Parks Department Economic Dev. (CUP only) Your Concise Remarks: Meridian School District (No FP) Meridian Post Office (FP/PP/SHP only) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Irrig. District Settlers Irrig. District Idaho Power Co. (FP,PP,CUP/SHP only) Qwest (FP/PP/SHP only) Intermountain Gas (FP/PP/SHP only) Bureau of Reclamation (FP/PP/SHP only) Idaho Transportation Dept. (No FP) Ada County Ass. Land Records Downtown Projects: Meridian Development Corp. Historical Preservation Comm. South of RR / SW Meridian: NW Pipeline New York Irrigation District Boise-Kuna Irrigation District City Clerk's Office • 33 E. Idaho Avenue, Meridian, ID 83642 Phone 208-888-4433 • Fax 208-888-4218 • www.meridiancity.org WE IDtIANIZ,:-- TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN Mayor Tammy de Weerd City Council Members: Keith Bird Joe Borton Charles Rountree David Zaremba 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: Jaycee Holman, City Clerk, by: September 2, 2008 Transmittal Date: August 19, 2008 File No.: AP 08-005 Hearing Date: September 9, 2008 Request: Public Hearing -City Council Review of an Appeal of the Planning Director's denial of Instant Equity Auto's request for CZC approval (CZC 08-010) to operate w/out connection to city services & denial of an Alternative Compliance (ALT 08-004) request for reduced landscape buffers adjacent to Fairview Avenue & a residential zoning district for Instant Equity Auto By: The Land Group Location of Property or Project: 1065 E. Fairview Avenue Joe Marshall (No FP) David Moe (No FP) Wendy Newton-Huckabay (No FP) Michael Rohm (No FP) Tom O'Brien (No FP) Tammy de Weerd, Mayor Charlie Rountree, C/C Joe Borton, C/C Keith Bird, C/C David Zaremba C/C Water Department /Sewer Department Sanitary Services (No VAR, VAC, FP) Building Department / Rich Greene Fire Department Police Department XCity Attorney City Engineer City Planner Parks Department Economic Dev. (CUP only) Your Concise Remarks: Meridian School District (No FP) Meridian Post Office (FP/PP/SHP only) Ada County Highway District Ada County Development Services Central District Health J�Nampa Meridian Irrig. District _Settlers Irrig. District Idaho Power Co. (FP,PP,CUP/SHP only) Qwest (FP/PP/SHP only) Intermountain Gas (FP/PP/SHP only) Bureau of Reclamation (FP/PP/SHP only) Idaho Transportation Dept. (No FP) Ada County Ass. Land Records Downtown Projects: Meridian Development Corp. Historical Preservation Comm. South of RR / SW Meridian: NW Pipeline New York Irrigation District Boise-Kuna Irrigation District City Clerk's Office • 33 E. Idaho Avenue, Meridian, ID 83642 Phone 208-888-4433 • Fax 208-888-4218 • www.meridiancity.org WEIDIAM=. - Planning Department i , t COMMIS, REVIEW APPLICATION L 5 2008 Type of Review Requested (check all that apply) City of Meridian Manning Devartmelft ❑ Alternative Compliance ❑ Annexation and Zoning ❑ Comprehensive Plan Map Amendment STAFF USE ONLY: ❑ Comprehensive Plan Text Amendment File number(s): ❑ Conditional Use Permit ❑ Conditional Use Permit Modification ❑ Design Review ❑ Final Plat Project name:7_&40 4 ❑ Final Plat Modification Date filed: 71TA6 Da}}te complete: te� ❑ Planned Unit Development Assigned Planner: ,''C i .5 d ✓i ❑ Preliminary Plat T ❑ Private Street Related files: ❑ Rezone ❑ Time Extension (Commission or Council) ❑ UDC Text Amendment Hearing date: " ' 0 ❑ Commission 9L Council ❑ Vacation (Council) ❑ Variance / Other Applicant Information Applicantname: The- Land &McAf� We.. -� o42r Ca�I r, Phone: 4011 Applicant address: 4602. ram, uw. t)r. 6t&e (o r le 11) . Zip: h36ILp Applicant's interest inrproperty: ❑ Own ❑ Rent ❑ Optioned 1$Other Owner name: Lig�IZt✓tl l�+g QtA, - DaWt l K�r�r(Ap Phone:378 - 4'ZZ. Owner address: t b ZZ I Fai V-%he.w A c. , i A kt . 1C Zip: A W 114- Agent name (e.g., architect, engineer, developer, representative): '��pL61"i Cp 11NS Firm name:ye, Phone: Address: Primary contact is: Applicant 11 Owner Agent ❑ Other Contact name:L1t�4P.t� E-mail: Y`nOer Tine LQ YlQ Q rd(Azill G . Cam Subject Property Information Zip: Phone: U l - 4-1 Fax: q3,7- Location/streetaddress: 10(05 Aya - Assessor's parcel number(s): 5 l l07 ( 20(0 Township, range, section: 31J� � �T� 7 Total acreage: o - -74 ey, Current land use: Current zoning district: 6-4 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 1 Project/subdivision name: General description of proposed project/request: 1:04 , P ,Ia 6111&e5tof 1 gved C1ma far Cat- sabf Proposed zoning district(s): CtS--in a l�G� Acres of each zone proposed: _Q. 74 Type of use proposed (check all that apply): ❑ Residential Commercial ❑ Office ❑ Industrial ❑ Other Amenities provided with this development (if applicable): GV[CLEtual L Q-E 64rr,4 Who will own & maintain the pressurized irrigation system in this development?�MlD ['rr�n rt� cr.nd Which irrigation district does thisP property lie within? N!ftVA F 1 Primary irrigation source: �� M� fps Secondary: rQ /A . Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): f% Residential Project Summary (if applicable) Number of residential units: Number of building lots: Number of common and/or other lots: Proposed number of dwelling units (for multi -family developments only): 1 Bedroom: Minimum square footage of structure(s) (excl. garage): Minimum property size (s.f): Gross density (DU/acre-total land): Percentage of open space provided: Percentage of useable open spaces Type of open space Type of dw ng(s) 2 or more Bedrooms: building height: Average property size (s.f.): density (DU/acre-excluding roads & alleys): Acreage of open space: (See Chapter 3, Article G, for qualified open space) in acres (i.e., landscaping, public, common, etc): proposed: ❑ Single-family ❑ Townhomes ❑ Duplexes ❑ Multi -family Non-residential Project Summary (if applicable) Number of building lots: I Other lots: (?f Gross floor area proposed: Existing (if applicable): (,Te�•�. Hours of operation (days and hours): c1clM — , Building height: _ 196a tno Percentage of site/project devoted to the following: Landscaping: 306%p Building: 561p Paving: &5N> Total number of employees: Maximum number of employees at any one time: �2__ Number and ages of students/children (if applicable): _ t-A' Seating capacity:. WZ1,e., Total number of parking spaces provided: 2 Number of compact spaces provided: Authorization Print applicant name: Applicant signature: .. Date: �(O E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meiidiancity.org 2 (Rev. 414108) 1 1% / U July 25, 2008 Mayor and City Council City of Meridian 33 East Idaho Meridian, ID 83642 �\ ►AMW THE LAND GROUP, INC. Re: Narrative for Appeal on Instant Equity Auto CZC Denial (File #'s CZC-08-010 and ALT-08-004) Dear Mayor and City Council: On July 15, 2008, the Planning Director issued a denial of our client's applications for a Certificate of Zoning Compliance and for Alternative Landscape Compliance (see Tab 1 for both the denial letter and the original applications). The following is a narrative explaining the owner's appeal of that decision. To begin, we want to provide the Council some background on our client's property and previous City decisions in connection with the property. Background The property was annexed into the City January, 2002, and rezoned from R-1 to C-G. The annexation and rezone approval is found in Tab 2. The property contained (and still does) an existing building and parking lot. The property was owned (but not used) by a podiatrist, and the application for annexation was made by a potential purchaser of the property. The future use of the property was unspecified, which the minutes of the July 15, 2001 Council hearing make clear: Borup: Can you clarify that--? Is it your intention to remove the existing building, it sounds like then, or remodel it? Smith: Currently we don't know exactly what we are going to do. Ideally that's what we will do, is remove that and put some type of development on that. But, as of now we don't know exactly what --. Just because we are possibly purchasing that we are redoing the rezone to come into correction of the proper use zone. The sale of the property did not close and the property remained vacant. The same owner of the property approached the City in 2003 asking for a modification of the annexation conditions regarding landscape (due to the location of the existing building and parking lot), and sewer (due to the lack of availability). Ar _iZlY j�lrli1711t1`; l..ctliQ:Clx-<: �f(!T/eL'iG<Yc: • (,:,r,� - .'Ylll�+liY 4.��%i17;fG' �771�:I.XfiYr C?7`,17tit71s:C77YrS �fX1^<f1,. %.(irr)Jil1)"!o-'CI.'lt)t! • S7'?%l`�'iTly 462 E. Shore Dive, Ste. 100l agle, .Idaho 83616 • I? 208.939.4041 F 208-939.44 7 • www.tlzel,,iiidgroupuic.coiii Meridian Mayor and City Council July 25, 2008 Page 2 of 7 As recommended by staff (See Tab 3) the annexation conditions were modified by City Council in April, 2003. The modified annexation condition regarding landscape reads as follows: Existing landscaping may be modified to conform with the intent and purpose of the Landscape Code Pursuant to MCC 12-13-18 (Alternative Compliance) if the future use of the property is a permitted use in the C-G zone and the building footprint is not expanded or modified. Modifications to the landscaping may include additional trees as required and an irrigation system if there is not one provided on site. New construction or the request for a conditional use permit or subdivision of the property will require complete conformance with the adopted landscape Ordinance, in effect at the time of the new application. The City Council concurred with the recommendation stating: "The revised condition of approval will allow staff to approve a new landscaping plan that meets the intent of the ordinance, but does not require complete compliance at this time."' Staff also recommended, and the Council approved, deleting any requirement for a sidewalk because there are no sidewalks along East Fairview Avenue in the vicinity of the property. The second modified annexation condition regarding sewer reads as follows: • The applicant shall connect to city water, prior to any use on the property. Sewer is currently not available to this site. Applicant shall be required to connect this existing structure to the sanitary sewer system when it becomes available from the south. Expansion of the existing structure or new construction on the subject property will not be allowed unless sanitary sewer is brought to the site by the applicant. Again, the Council agreed with the recommendation stating: "The proper sewer connection for the subject property is located in the stub street within Danbury Faire Subdivision, located approximately 450 feet to the south. The original condition of approval would have made connection to city sewer cost prohibitive. ,2 Re -Application Our client made application for a Certificate of Zoning Compliance and for Alternative Compliance regarding landscape at the advice of staff. (The application is contained in Tab 1.) Our project originally consisted of two phases. Phase 1 was, and continues to be, located at 1065 East Fairview Avenue. Originally our client was planning a second phase in connection with a separate parcel located east of the subject property. That phase 2 will not be pursued by our client. Because of the length of time it has taken to obtain the Certificate of Zoning Compliance our client is actively marketing that second parcel. ' 2003 Annexation Finding, 4. 2 2003 Annexation Findings, p. 4 A%'ll.?LLiti T-al L1.�iC f�v Ar hi :;i::Ye • L.L7! � �J,�.;l?i'-.3'71,.� • irr! f (..,BI«f3o lr`?gatior, & T., rr, 92<'er q 0 GT X1lJiW, � r1YiT7iFL1/JJ.�.isrJ7? �' ;5:.'Yf>i�'r'7: 462 E. Shore Dnve, Ste. 100, Eagle, Idaho 83616 • (' 208,939.4041 F 208.939.4443 • wwu-.thelandgioupine.coui Meridian Mayor and City Council July 25, 2008 Page 3 of 7 Appeal Issues The July 15, 2008 staff letter states: UDC 11-213-3 requires a 25-foot wide landscape buffer along Fairview Avenue (a classified principal arterial roadway) and a 25-foot wide landscape buffer adjacent to residential uses (the property to the south is currently vacant but is planned for future residential uses). Staff Comment — The buffer widths you proposed are 17.5 feet wide along E. Fairview Avenue and 15 feet wide along the southern property boundary. Our client's response: East Fairview Avenue: Our client's request is consistent with the City Council -approved annexation condition regarding landscape. We proposed to reduce the buffer from the 25- foot requirement to 17.5-feet (a 30% reduction). We proposed to add 2 street trees (a 33% increase) and the addition of 23 densely planted deciduous shrubs arranged in a planter to soften the angular shape of any future building. The 17.5-foot buffer meets the requirement that reduced landscape must not be less than 10% of the lot depth. Southern Boundary of Property: A 15-foot buffer (vs. 25 feet) with an 8-foot high solid fence was shown on the original submittal, which submittal was developed after discussion with staff after several pre -application meetings. At those meetings staff said they would support the reduction in landscape width with the addition of the tall fence. In fact, our client was asking for a landscape buffer width that is excessive given the adjacent use of the property south of our client's parcel. Although the property to the south is zoned R-15, the Comprehensive Plan promotes commercial development (which would allow for a 5-foot buffer); that property is now being contemplated for commercial development (storage facility). Although not part of our client's original submittal, because of this commercial use to the south, we ask the Council to consider a 5-foot landscape buffer as required for the commercial adjacency. The July 15, 2008 staff letter states: UDC 11-5B-5B.2: Topography, soil, vegetation, or other site conditions are such that full compliance is impossible or impractical. Staff Comment — Staff does not believe any of these conditions exist, and full compliance is possible. and UDC 11-513-513.2 (B): The site involves space limitations or an unusually shaped lot. STAFF COMMENT — Staff believes the site does not involve any extraordinary space limitations nor is a usual shaped lot. Ir .S.'. ple1i.'7alg Czarr F1"ginioii"g • God j Covrse Im."' lVor, Z.?" F;qiime.rirrt:rfX,llb %.ori5iil.I.c-<rrltJlc - t7ii'j<i 462 E. Shore Drive, Ste. 100, E gle, Idaho 8361E • P 208.939.4041 F 208.939.4445 • «,ww.t.hel.tnd?,Toapiric.coiii Meridian Mayor and City Council July 25, 2008 Page 4 of 7 Our client's response: The property is constrained by the existing building and existing parking lot which the City previously acknowledged was the basis for modifying the landscape condition to allow for Alternative Compliance. Also, we provided the staff with the information requested by staff that our client's property is further constrained because there is no irrigation water at the property. The landscape that will exist will have to be watered with expensive (wasteful) potable water. These "site conditions" make the 25-foot buffer along all of the frontage of East Fairview Avenue and the southern boundary of the property impractical. Nonetheless, we are willing to expand the buffer along East Fairview Avenue to 25 feet. The City should recognize the proposed commercial use to the south that allows a 5-foot buffer. The July 15, 2008 staff letter states: UDC 11-5B-5B.2 (F): Additional environmental quality improvements would result from the alternative compliance. STAFF COMMENT — Staff believes the environmental quality would not improve as a result of reduced buffer widths. Staff believes the reduced buffers would increase the paving surface area and may affect the performance of the current septic system on site. Our client's response: Staff's speculation does not comport with the fact that this property will have improved drainage. Per our discussions with Public Works the existing drain field area is not to be covered by a non -permeable surface. Accordingly, the property will be improved using porous concrete as the paving surface; all rain water will be recharged into the local aquifer and not consolidated into a conventional storm water system. Further, the landscape buffers, although they may assist with on -site drainage, are not the technique to ensure on - site drainage and performance of the septic system (which is governed by the rules and regulations of Central District Health). in fact, given the proposed commercial use of the property to the south of our property, our client's buffer of 15 feet provides an improvement over the allowed 5-foot buffer. This fact is underscored by the City ordinance support for a 5-foot landscape buffer next to commercially -used property. With further regard to the septic system, staff understands that Central District Health, which has jurisdiction over the septic system and as a matter of course, will be reviewing the existing septic system when our client applies for a building permit. The July 15, 2008 letter from Meridian staff states: UDC 11-3A-21 requires that all development within the City provide services to the site. STAFF COMMENT— City sewer is not currently provided to the site. The City's Master Plan has sewer service being provided from the south. - zX' Pk%i. LY._i? a, kill C1,ii'lJ c' ATf,(7ifBia Y: •"74 F�fl.P,G?Icd li. • /ll' (A::ifG F loa�ifdlT P>' ; i., �' .� .Yl1Fr . a LL'; ` i. �7iiiN sY.:.c,71)t, )-->"%%i'yiIV 4621?. Shore Drive, Ste. 100, Elgle, Idaho 83616 • P 2t18.939.4041 .E 208.939.4447 • nww.tlielaaidgroupitic.cotit Meridian Mayor and City Council July 25, 2008 Page 5 of 7 Our client's response: We were surprised that this issue was raised by staff in its letter. The annexation condition is clear: our client has agreed to connect to City sewer when that sewer is available from the south. As far back as our first meeting with staff (October 2007) we were told by Public Works staff that, consistent with the annexation condition, our client would need to connect to service when sewer was available from the south or earlier if a new building was constructed. Staff also informed us that the use of the existing septic system was acceptable so long as the existing drain field was not covered with an impervious surface. As explained above, it will not be. The City Council should be aware that during a meeting held with staff in the spring, staff members from both Public Works and Planning changed their position and told our client that they preferred that our client jump out of its sewer shed (which is south of Fairview) and cut through Fairview by extending a main line along Fairview Avenue and then north into a different sewer shed. Such deviation from the City's sewer master plan would be extremely onerous for our client as well as contrary to the annexation condition. We expressed the same to the City's attorney, who advised us that we may rely on the modified annexation conditions (as discussed further below). However, because of the sentiments expressed by staff at that spring meeting, and because the July 15, 2008 letter ignores the annexation condition regarding sewer, our client has been left to wonder whether there is a hidden motivation behind ignoring the annexation condition. As mentioned above, our client's attorney received the following email correspondence from the City's attorney. You requested a clarification of the City's position regarding the sewer connection at 1065 E. Fairview in light of the modified annexation findings. It is the City's position that your client may take advantage of the modified findings, but they cannot pick and choose which ones they want to apply. Your client must apply for a Development Agreement (DA) that was anticipated at the time of the annexation. The DA will need to incorporate all of the conditions listed in the modified annexation findings. After reviewing all of the documentation (including the original annexation findings, attached hereto) it is apparent that the use approved at the time of annexation was for a podiatry office. Any other anticipated use was noted as "future development" for which a Conditional Use Permit must be secured. Accordingly, the DA must include a CU application requirement for all future development other than a podiatry office. The DA would, of course, also include the modified sewer requirement that you are seeking. As part of the CU, the City will require sign -off from Central District Health that the use of septic would be approved after the lot is paved and developed. The City will also be seeking the full landscaping provisions and the cross -access connections previously discussed. or Mite P1 %i.'1.dq * T wi f. c,-ape .= rchiieay. e' a Gii r Ir,�131:.'-I'll �r7% ` i .01:fF ft'%!' C??` 1 1, : t: ,a i , I-' (.tiY7iilf 462 E. Shore Drive, Ste. 100, Eggrle, Idaho 83016 • P 208.939.4041 F 208.939.4445 • www.thelandgroupinc.coni Meridian Mayor and City Council July 25, 2008 Page 6 of 7 The alternative to proceeding as outlined above would be to appeal the Planning Staff's denial of the CZC application. Staff is willing to re -issue an updated letter of denial to re- start the appeal timeline. The City's attorney indicated that our client "cannot pick and choose which [conditions] they want to apply must apply" and must apply for a development agreement and apply for a conditional use for a planned development. We want to assure the Council that it is our client's intention to comply with the conditions of annexation. We have been attempting to do this for quite some time. However, we must point out that we cannot comply with the suggestions of the City's attorney that our client apply for a development agreement and apply for a conditional use permit. We do not believe that these suggestions are appropriate. First, with regard to a development agreement: As the Council knows, a "development agreement" is a technique statutorily allowed to permit a city to require, as a condition of rezoning, that the owner or developer make a written commitment concerning the use or development of a subject property. Although recommended as a condition to the Council, the Council did not require a development agreement either in 2001 or 2003 because it could not. The Council could not have adopted a development agreement because, as stated above, neither the owner nor the developer, in either 2001 or 2003, could tell the City how it intended to use or develop the property. The suggestion that a development agreement could list the conditions contained in the annexation approval, while possible, would be redundant. The conditions of annexation approval are already contained in the annexation approval. Next, we believe that the council might be misled by the statement that future development is required to apply for a conditional use. As mentioned above, the actual condition states: All future development of this property shall be allowed only after a Conditional Use Permit for a Planned Development has been secured from the City of Meridian (Meridian City Code 11-7-2Q). [Emphasis added.] When staff was questioned in 2001 about the requirement that any use of the property would require a conditional use permit for a planned development, staff replied: McKinnon: That would be correct and the reason for that is under the existing code that we have adopted in Meridian, that anything that is developed in the planned development area of our Comprehensive Plan has to be developed as a Conditional Use Permit for a planned development. As the City knows, the City has revised its code and this provision is no longer applicable under the Unified Development Code. There is no such animal as a Conditional Use for a Planned Development and the City's staff and Council have minced no words in repeating during public hearings in which the concept has come up, that it will not honor the old "Conditional Use for a Planned Development" found in a now non-existent code. This condition is no longer legally accepted in Meridian. What governs this property is its zoning, C-G, and the remaining conditions of annexation. Even if this condition was applicable, which it is not, the Council should know that our client was told that a Certificate of Zoning Compliance was all that was needed for its application. or STII+' P/Eit.111nE �_{ll 1 t7i?t` �f {7ZiBbt Y<' �,!T i V,eer _V t +)l �,7::fSt;iUl • 5::771i' iila 462 E. Shore Diize, Ste. 100, Eagle, Idaho 83616 0 P 208.93<?.4t)41 ' 208.939.4443 wwvN,.thel,,uuldg-outzinc.ios7i Meridian Mayor and City Council July 25, 2008 Page 7 of 7 We look forward to meeting with the Council in connection with this matter. Sincerely, Roger Collins, Site Planner THE LAND GROUP, INC. cc: client Meridian Planning Department Meridian Public Works Department JoAnn C. Butler Y' Plaimliq iv a Tr7�.'R.jtiort T- x imenn P, q 462 E. Shore Drive, Ste. 100,.Eagle. 161)o83616 0 P -'W939.4041 1 20&939.444-5 • ww-NN,.tliel,,iiidgrotipiiic.coiii GQ t/�.e s� �� o �� �y 'r y Mr. Roger Collins The Land Group 462 E. Shore Drive, Suite 100 Eagle, ID 83616 Dear Mr. Collins: This letter is in response to your request to establish a vehicle sales lot and alternative landscape compliance for Instant Equity Auto Sales, proposed at 1065 E. Fairview Avenue (File #'s CZC-08-010 and ALT-08-004). In your request to establish a vehicle sales lot, you have also asked for alternative compliance to reduce the landscape buffer widths along the north (Fairview Avenue) and south (adjacent to R-15 zone) sides of the site. Staff has evaluated your request and finds the following: • UDC 11-5B-5 allows the Planning & Zoning Department to allow for a method of alternative means in which to meet the intended purposes of certain development regulations when explicit compliance is not feasible or the alternative means is superior to what is required. • UDC 11-2B-3 requires a 25-foot wide landscape buffer along Fairview Avenue (a classified principal arterial roadway) and a 25-foot wide landscape buffer adjacent to residential uses (the property to the south is currently vacant but is planned for future residential uses). The buffer widths you proposed are 17.5 feet snide along E. Fairview Avenue and 15 feet snide along the southern property boundary. • UDC 11-5B-5B.2 requires that one or more of the following conditions be present when granting alternative compliance: A. Topography, soil, vegetation, or other site conditions are such that full compliance is impossible or impractical. Staff does not believe any of these conditions exist; and full com possible. pliance is B. The site involves space limitations or an unusually shaped lot. Staffbelieves the site does not involve any extraordinary space limitations nor is a usual shaped lot. C. Safety considerations make alternative compliance desirable. Not applicable. D. Other regulatory agencies or departments having jurisdiction are requiring design standards that conflict with the requirements of this article. Not applicable. Planning Department . 660 E. Watertower Street, Suite 202, Meridian, ID 83642 Phone 208-884-5533 . Fax 208-888-6854 . www.meridiancity.org Page 2 1-.� E. The proposed design includes innovative design features based on "New Urbanism", "Neo- Traditional Design", or other site designs that promote walkable and mixed -use neighborhoods. Not applicable. F. Additional environmental quality improvements would result from the alternative compliance. Staff believes the environmental quality would not improve as a re ult of reduced beer widths Staff believer the reduced buffers would increase the paving surface area and may affect the performance of the current septic system on site. G. Because of a change of use on an existing site, the required landscape buffer is larger than can be provided. Staff believes the required 25 foot landscape buffers can be provided. H. The applicant is proposing a pond with a permanent water level in a required landscape area. (Ord. 895A, 12-5-2000) Not applicable. • UDC 11-3A-21 requires that all development within the City provide services to the site. City sewer is not currently provided to the site. The City's Master Plan has sewer service being provided from the south. In your letter dated March 7, 2008, you state the reductions to the landscape buffers are necessary to address the auto display area and the vehicular circulation requirements for the site. Staff has evaluated the submitted site and landscape plans and has concluded that a reduction in landscape buffers widths are proposed to increase the vehicle display area but does not provide for a hardship justification nor does it provide a superior design as required by UDC 11-5B-5A. Until sewer and water services are provided on site and the plans are revised to reflect the required landscape buffers, Staff cannot approve your request; CZC-08-010 and ALT-08-004 are hereby denied. In accordance with UDC 11-5A-3F and UDC 11-5A-6, you have the option to appeal this decision to the City Council. All City Council Reviews (appeals) shall be filed in writing with the Planning Department within fifteen (15) days after the date of this letter. The appeal will be forwarded to the City Council to conduct a public hearing. The appeal should specify the grounds upon which the appeal is filed. I have attached the City Council Review application and checklist to this letter, should you decide to file an appeal of the Director's determination.' Please feel free to contact Bill Parsons at 884-5533 if you have any additional questions. Sincerely, Anna Borchers Canning, AICP Planning Director CC: Dan Burrop u Hearing Date: September 9, 2008 Project Name: Instant Equity Auto File No.: AP-08-005 Request: City Council Review of the Planning Director's denial of Instant Equity Auto's request for Certificate of Zoning Compliance approval (CZC-08-010) to operate without connection to city services, AND denial of an Alternative Compliance (ALT-08-004) request for reduced landscape buffers adjacent to Fairview Avenue and a residential zoning district, by The Land Group. Location: South side of Fairview Avenue, approximately 1/4 of a mile west of Locust Grove Road; 1065 E. Fairview Avenue; in Section 7, T.3N., R.IE. F .zz% C,�v 0r M COMMITMENT OF PROPERTY POSTING Per Unified Development Code (UDC) 11-5A-5D, the applicant for all applications requiring a public hearing (except for a UDC text amendment, a Comprehensive Plan text amendment and/or vacations) shall post the subject property not less than ten (10) days prior to the hearing. The applicant shall post a copy of the public hearing notice of the application(s) on the property under consideration. The applicant shall submit proof of property posting in the form of a notarized statement and a photograph of the posting to the City no later than seven (7) days prior to the public hearing attesting to where and when the sign(s) were posted. Unless such Certificate is received by the required date, the hearing will be continued. The sign(s) shall be removed no later than three (3) days after the end of the public hearing for which the sign(s) had been posted. I am aware of the above requirements and will comply with the posting requirements as stated in UDC 11-5A-5. Appl an agent signature Date RADIUS NOTICE REPORT 07 Aug-2008 Owners ADAMS HARRY SD ADAMS LYNETTE Property Address: ALEMAN JOHN M ALEMAN GLORIA J Property Address: BARKHOFF DALE A Property Address: BLAU DALE V BLAU KARALEE A Property Address: DIRTY HARRY'S CAR WASHES INC Property Address: DIRTY HARRY'S CAR WASHES INC Property Address: DUTRA JONATHAN A Property Address: FAIRVIEW LAKES LLC Property Address: FAIRVIEW LAKES LLC Property Address: FILE NAME: auto Owner Address 1845 WILDWOOD ST BOISE, ID 83713-0000 auto 1557 N PENRITH PL MERIDIAN, ID 83642-0000 auto 1894 CHALK HILL CT RENO, NV 89509-0000 auto 1595 N PENRITH PL MERIDIAN, ID 83642-0000 auto 1845 WILDWOOD ST BOISE, ID 83713-0000 1845 WILDWOOD ST BOISE, ID 83713-0000 auto auto 20746 SEVILLA LN SARATOGA, CA 95070-0000 auto PO BOX 631 KETCHUM, ID 83340-0000 PO BOX 631 KETCHUM, ID 83340-0000 auto auto 1 ' Owners Owner Address FAIRVIEW LAKES LLC PO BOX 631 KETCHUM, ID 83340-0000 Property Address: auto INSTANT EQUITY PROPERTIES LLC 10221 W FAIRVIEW AVE BOISE, ID 83704-0000 Property Address: auto INSTANT EQUITY PROPERTIES LLC 10221 W FAIRVIEW AVE BOISE, ID 83704-0000 Property Address: auto JOHNSON ELNORA L 8306 W STATE ST JOHNSON ELNORA L TRUSTEE BOISE, ID 83714-0000 Property Address: auto LEE GRANT N 5603 N LOCUST GROVE RD LEE JOYCE MERIDIAN, ID 83646-5219 Property Address: auto PETERSEN MICHAEL E PO BOX 1625 GREAT FALLS, MT 59403-0000 Property Address: auto UNIVERSITY PALMDALE LTD PO BOX 191050 BOISE, ID 83719-0000 Property Address: auto VANDEGRIFF ALVIN L 1567 N LESLIE WAY MERIDIAN, ID 83646-0000 Property Address: auto WENPHI PROPRTIES LLC 11149 W HICKORY DR BOISE, ID 83713-0000 Property Address: auto WENPHI PROPRTIES LLC 11149 W HICKORY DR BOISE, ID 83713-0000 Property Address: auto 2 . THE LAND GROUP, INC. January 14, 2008 Revised March 7, 2008 City of Meridian Planning Department Re: Instant Equity Auto CZC Narrative The following is a narrative explaining the project requirements and detailed description of the Instant Equity Auto project located at 1065 (Phase 1) and 1139 (Phase 2) Fairview Avenue. The CZC application submitted here is for approval of the Phase 1 construction. The Phase 2 conceptual layout is included for clarity of why certain aspects of the design are presented as they are, as well as to give a master planned look at the overall property as an agreed -upon vision into the future use and layout of the propertjes. PROPERTY DEED: copies on file with original submittal. AFFIDAVIT OF LEGAL INTEREST: copies on file with original submittal. SANrrARY SERVICE COMPANY APPRovAL: Attached is a revised copy of the approval form from Doug Mason at SSC showing the revised location for the trash enclosure. PHOTOMETwc REPORT'. included in the drawings as sheet S1.03 is a revised photometric study of phase 1 including details of the fixtures and poles. RECORDED PLAT: There is no recorded plat that includes these properties. ADDRESS VERIFICATION: copies on file with original submittal. PROJECT DRAWINGS: Four full size plans and one reduction to 81/2" x 11" of the revised plans are attached. The site plan has been revised to show the new configuration of the buffer at Fairview Ave. and subsequent layout revisions to accommodate the change. A letter and fee is included in this submittal outlining the request for alternate compliance as mentioned in comment #1 in an email from Bill Parsons dated 2/5/08 for both the required landscape buffer at Fairview Ave. and the rear landscape buffer at the residential property. Ar .S Ih' t�%ii: rank Tdi7l.�4 trC .'�r:'�7,: c.'::r• (.lrii Fir9ilwerr r..g • &. J CAfi�fc I'mSalol; c.' F:ir,i: <'.r)i; {.17Ji:/.'l:' �.li?:ii ::!!l: dii9f! • •S ::rh'�lr.'t' 462 L•'. Shore D6%e, Sir RK), Engk. Idaho �3610 • P 2W.Q39.4W1 F-208.939.4445 • uw��.thetondgrou7i�tc.com March 7, 2008 Page 2 of 3 Regarding item #2 in the email mentioned above; we believe there is a misunderstanding in the proposed use and design of the project. The "parking lot" (customer parking) for this project is only a very small area of the development. The large majority of the development is for vehicle sales display and not customer parking. Therefore, we feel that parking lot replacement is far less than 50% as mentioned in the email. Per the UDC section 11-4-3-38, interior landscaping for a vehicle sales or rental use is calculated at 1 sf per 50 sf of display area. The landscaping plan exceeds this requirement. The landscaping calculations have been re -formatted to clarify how the areas were calculated. Regarding item #3: We have not included cross access agreements as requested. The owner to the west has been totally un-cooperative and in further discussions with ACHD, they are looking at future access coming from that property. We are currently in the process of resolving the access issue with ACHD, through an attorney and traffic engineer. We respectively request this not stymie the review, but let the CZC move forward and conditions be added to the approval to address the access issue as it is resolved through ACHD. Regarding item #4: The photometric plan has been revised and details added as requested. Regarding item #5: a fencing detail (picture of a completed 8' high vinyl fence) has been included on sheet S1.01. Regarding item #6: The properties involved are both assessed with surface water rights for irrigation out of the Ridenbaugh Canal. The existing delivery system, however is on a scheduled rotation and not available 24/7 which would preclude the use of a pressurized irrigation system. We have included a letter from the Nampa -Meridian Irrigation District to that effect. Regarding item #7: Photos of the existing building have been included on the new sheet 131.01. r Site h;[wah..,' - T CU1tf4ree rchhe:i::7d iffy ?:'rasa fl` fgvmaixg • Gr../,I..91I i fiK'.:T»Ni:'i/i4)J! • S::m,}'iq 4,2 B' shore Drive, Ste. 10-0, Lagle. Idaho X3610 • P 20S.934.4941 1' 208 939.44.45 • wa•w-Ili elindgroupaic.com Marche 7, 2008 Page 3of3 Please advise if you have any further questions or concerns that need to be addressed in this narrative. Sincerely, IP7-A-6#1 I Roger Collins, Site Planner THE LAND GROUP, INC. Ir 37te Pkimlaig ,-arrhhearfre p OW1 Fjv yr.'n� + (:.oF f.:a::rs� Tn gj6ok try F ##Freer "q a Gnrphii C-G.�i i 'ha Jfl il3 + .Sur,�•�i�q� 462 E. Stiore Dme,'Sie. 100, Eagle, Idaho 83616 + i' 2U8.939.40411--108.939.4445 + WWW.theland^roupuic.coin THE LAND GROUP, INC. Bill Parsons Meridian Planning and Zoning Department 660 E. Watertower lane, Suite 202 Meridian, ID 83642 RE: Instant Equity —Letter of Alternate Compliance Dear Bill, March 7, 2008 , i 1 As per your comments on the CZC submittal for this project, we are submitting this letter of alternate compliance in order to address a reduction in landscape buffering along Fairview Avenue (North side of the project) and a reduction in buffering at the adjacent residential zone (South side of the project). This reduction is necessary in order to address auto display area and the resulting circulation requirements for the site. We hereby request approval of the following method for alternate compliance. Fairview Ave. Buffer Proposal: As noted during discussions with staff, a reduction to not less than 10% of the depth of the lot is a possibility as long as an alternative to the full 25' buffer is provided. It is my understanding that in conversations with the owner (Daniel Burrup), you had Indicated that additional landscaping could be an alternative. Our proposal is to reduce the buffer from the 25' requirement to 17.5' (a 30% reduction). As an alternative we propose to add 2 street trees (a 33% increase); and the addition of 23 densely planted deciduous shrubs arranged in a planter to soften the angular shape of the future building. The existing lot depth is 175.61' hence the 17.5 foot buffer meets the 10%minimum requirement. Residential Lot Buffer Proposal: As noted during discussions with staff, it was discussed that a reduction in the rear buffer could be obtained with the addition of an 8' high screen fence. The plans include this fence along the entire southerly boundary of the property. A detail of this fence has also been added to the CZC drawings. We respectfully anticipate an affirmative response to this request. Should you have any questions or concerns, please do not hesitate to contact us. Sincerely, The Land Group, Inc. Roger ollins, Planner Ar ,t :.-d lute; . Y : n Y G N Co-ur.'t Tmy�fi�r. e'� Fr,� a r:r. • C ^' C u� sa r,;,arior. S Se,'r Stu. • i r ul'.;Sr • iri r, C[;k l v. i>teti t. - ,r. ,.r,. i`(pjo 462li. Shore Drive. Ste. 100, Eagle, Idaho 83016 a 1' 208.939.+041 F 20,9.939.44+; •,,\-zvw.thelaii igroupitic.com 1 Js ZZ0-3 L®®/t0@d M-1 i.jj�•.C: n_: ^r , INSTANT EQUITY AUTO? f�j INSTANT EQUITY AUTO OZC SITE PLAN I (( PHASE } -woul 63:66 801-90--£0 1503 RRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX * 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Greg Baer The Land Group, Inc. 462 E. Shore Drive Eagle ,ID 83616 RE: Instant Equity — Surface Water Delivery Issues Dear Greg: I am in receipt of your fax dated February 13, 2008 regarding the above -mentioned subject. You are correct in your statement that water is on a rotation and therefore inadequate for landscape irrigation as it is not available twenty-four hours a day, seven days a week. Therefore a pressure irrigation system is not feasible. In the future there is a possibility of hooking up to an existing pressure irrigation system when the land to the east of this site is developed. Sincerely, Bill Henson Asst. Water Superintendent Nampa & Meridian Irrigation District BH/dbg C: File - Office/Shop APPROXIMATE IRRIGABLE ACRES 1 RIVER FLOW RIGHTS - 23,000 I BOISE PROJECT RIGHTS - 40,000 gg _ = m 1 cn OC \ ` Ono �....'. \"s `` .✓r� >Vim - -. CD +I . - '•` :-: ":�_""-erg .." • I � � E CD \ \\ \\ \\ \ \\ \ \\ \ C .• a! � ' • P 1 I I� i xis — Cl)lt i R °;�+� INSTANT EQUITY AUTO INSTANT EQUITY AUTO CZC SITE PLAN PHASE 1�� x _ MERIDIAN, IDAHO 91 IM..9-L.-=•-• a 0 n 1rcn l in N - i ! - �+-JPCI��AY► OT' - S1M ur A. 1 - 1 INSTANT EQUITY AUTO INSTANT EQUITY AUTO "'! i It CZC SITE PLAN PHASE 2 j#_ MERIDIAN iDAHO rill ,0',0 o o d a p e+ ? d w u u A P e e C d O O 6 O C o d b d e g g u N v w1.? o o v o o e v o 8 •a � I� p h o +odi > j u • � L N � o b b o d 0 o v a a b b q a ` f} t o b QQ s rvr ; e 5 ti g� 9 • i e i e � d p o a d s a a v o O a a s Y b b p J w C O .. r.r:irt!t: � � � ) a Y i� r • + v i � ,N � r r � � e e V b, o e o d y g e e ze� "rrrrac:rrrr 000� b e a oo j_wrr"r a beoa b b o 0 i e e S b o 9 o OO O p y C e e o o + w w u � i • a IO�i eO � 1C L � b b o 0 o e pL :51- S e N d�H3 O g �� p ,k m C A m ;5v u 5E 54 C/O Ei 2 N Y N DISTANCE IN UNHS OF G10UNTING HEIGHT age Ia,gFpq gin e . g 2 fix • 6 M 6. i . tp�(6y]y 1it j D a 3 3 0 3 S r � i�Eta � 6 //�/� a oa cn o INSTANT EQUITY AUTO INSTANT EQUITY AUTO CA) PHASE 1 r yu CZC SITE PLAN MERIDIAN, iDAHO �II Iio a N n m x a DO m D) 1 O ° WORD IQ .110 go INSTANT EQUITY AUTO 411, INSTANT EQUITY===i AUTO PHASE 1 CZC SITE PLAN "I 11CMINAN. iDAHO `�f �5 J FI a3=f ��►rj INSTANT EQUITY AUTO INSTANT EQUITY AUTO PHASE 1 IN I CZC LANDSCAPE PLAN • a if i __ _. _. _ MERIDIAN, IDAHO 9, t• �v, N x n 9 ri) 9 Al N t 1 # # -- --------- - jjjt f s 1 # 1 ________________ _ (( k # � 3 E i � # t INSTANT EQUITY AUTO INSTANT EQUITY AUTO II p PHASE 2 (,�( CZC LANDSCAPE PLAN MERIDLAN, OAHO _ _ _ Yt IIF, 2 i 11 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF MARSHAL OGDEN, BOISE PODIATRY BUILDING, THE APPLICATION FOR ANNEXATION AND ZONING OF .99 ACRES FOR THE PODIATRY BUILDING LOCATED AT 1065 EAST FAIRVIEW AVE., MERIDIAN, IDAHO C1C 10-02-01 Case No. AZ-01-010 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on August 8, 2001, and re -noticed for September 4, 2001 and continued until October 2, 2001, at the hour of 6:30 p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and no one appeared in opposition, 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, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY MARSHAL OGDEN, BOISE PODIATRY BUILDING / (AZ-01-010) 0 zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for August 8, 2001, and re -noticed for September 4, 2001 and continued until October 2, 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 August 8, 2001, and re -noticed for September 4, 2001 and continued until October 2, 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 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 Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY MARSHAL OGDEN, BOISE PODIATRY BUILDING / (AZ-01-010) 0 adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance establishing the Impact Area Boundary. 4. The description of the property, which is the subject of the application for annexation and zoning, is attached as Appendix A, and by this reference is incorporated herein as if set forth in full. 5. The property is approximately .99 acres in size and is located at 1065 East Fairview Ave., Meridian, Idaho, 6. The owner of record of the subject property is Marshal Ogden, Boise Podiatry Building, at 700 Plano Lane, Boise, Idaho. 7. Applicant is owner of record. 8. The property is presently zoned by Ada County as R-1, and consists of a vacant medical office building. 9. The Applicant requests the property be zoned as C-G. 10. The subject property is bordered to the north by undeveloped land zoned RUT, to the south by a 4.11 acre parcel with single-family home and outbuilding, zoned R1-M, to the east by a single-family home, zoned R1-M, and to the west by a small office building zoned C-2, and the Daewoo car sales lot, zoned R- 8 (this designation appears to be an error). 11. The property which is the subject of this application is within the Area of Impact of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY MARSHAL OGDEN, BOISE PODIATRY BUILDING / (AZ-01-010) �J 0 12. The entire parcel of the property'is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 13. The Applicant proposes to develop the subject property in the following manner: development as existing and/or other uses permitted in C-G zone. 14. The Applicant requests zoning of the subject real property as C-G which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed/Planned Use Development. 15. There are no significant or scenic features of major importance that affect the consideration of this application. 16. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 16.1 All future development of this property shall be allowed only after a Conditional Use Permit for a Planned Development has been secured from the City of Meridian (Meridian City Code 11-7-2 Q). 16.2 All parking stalls shall be striped in accordance with standards adopted by the City of Meridian and in compliance with the ADA. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY MARSHAL OGDEN, BOISE PODIATRY BUILDING / (AZ-01-010) 0 0 16.3 Landscaping shall be brought into conformance with the adopted Landscape Ordinance. This shall include additional trees as required and an irrigation system if there is not one provided on site. 16.4 A five -foot -wide sidewalk shall be required along Fairview Avenue. 16.5 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 16.6 Any existing domestic wells and/or septic system within this project shall have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non -domestic purposes such as landscape irrigation. 16.7 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. 16.8 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. All site drainage shall be contained and disposed of on -site. 16.9 Off-street parking shall be provided in accordance with the City of Meridian Ordinance 11-13 for use of property. 16.10 All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. 16.11 Provide five -foot -wide sidewalks in accordance with City Ordinance Section 12-5-2.IC 16.12 All construction shall conform to the requirements of the Americans with Disabilities Act. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY MARSHAL OGDEN, BOISE PODIATRY BUILDING / (AZ-01-010) 0 • 16.13 Applicant shall connect to all essential city'services, including water and sewer, prior to any uses on the property. Adopt the Recommendations of the Ada County Highway District as follows: 16.14 Dedicate 60-feet of right-of-way from the centerline of Fairview Avenue abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed 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 after receipt of all requested material. The owner shall be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance # 193. 16.15 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 16.16 Construct 5-foot wide concrete sidewalk on Fairview Avenue abutting the parcel. The sidewalk shall be constructed 2-feet within the new right-of- way. 16.17 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact ACHD's Utility Coordinator at 387-2516 or 378-6258 (with file number) for details. 16.18 Locate driveways, in conformance with current District policy when future redevelopment occurs. 16.19 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development or redevelopment of this parcel. 16.20 Comply with all the Standard Requirements within the Ada County Highway District's letter dated June 20, 2001. 17. It is found that if the developer pays for the requested improvements FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY MARSHAL OGDEN, BOISE PODIATRY BUILDING / (AZ-01-010) • and complies with the conditions set forth in these Findings of Fact No. 16, and all sub -parts, the economic welfare of the City and its residents and tax and rate payers will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 18. It is also found that the development considerations as referenced in Finding No. 16 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 19. It is found that the zoning of the subject real property as General Retail and Service Commercial District (C-G) requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as MixedJPlanned Use Development. 20. The subject annexation request and zoning designation and proposed FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY MARSHAL OGDEN, BOISE PODIATRY BUILDING / (AZ-01-010) • 0 development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: 20.1 The consideration of the provisions of the Comprehensive Plan and the requirements of the zoning ordinance assure that the processing of such application is the management of growth with the aim to achieve high - quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to all applications such as the subject application. 20.2 This proposed new growth development will finance public service expansion by the requirement herein that the applicant comply with the requests submitted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this matter. 20.3 The application is consistent with Meridian's self identity. 20.4 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application. 20.5 Compliance with the requests of the political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. 20.6 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application. 21. The property can be physically serviced with City water and sewer, if FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY MARSHAL OGDEN, BOISE PODIATRY BUILDING / (AZ-01-010) applicant extends the lines. CONCLUSIONS OF LAW The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. 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.' 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.A The Goals of the Comprehensive Plan are set forth at Page 5 and include: 4.1 To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies, which deal with area -specific policies and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY MARSHAL OGDEN, BOISE PODIATRY BUILDING / (AZ-01-010) C� programs. • 4.2 To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of new housing units within the Urban Service Planning Area. 4.3 To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. 4.4 To provide housing opportunities for all economic groups within the community. 4.5 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community. 4.6 To encourage cultural, educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residents of the City. 4.7 To provide community services to fit existing and projected needs. 4.8 To establish compatible and efficient use of land through the use of innovative and functional site design. 4.9 To encourage a balance of land use patterns to insure that revenues pay for services. 4.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY MARSHAL OGDEN, BOISE PODIATRY BUILDING/ (AZ-01-010) • • 5. The zoning of General Retail and Service Commercial District (C-G) is defined in the Zoning Ordinance at § 11-7-2 K as follows: (C-G) General Retail And Service Commercial District: The purpose of the C-G District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel - related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal water and sewer systems of the City, and shall not constitute strip commercial development and encourage clustering of commercial development. 6. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is required for Applicant to use the existing development and/or other uses. 7. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 8. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2- 4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems. 9. The development of the property shall be subject to and controlled by the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY MARSHAL OGDEN, BOISE PODIATRY BUILDING/ (AZ-01-010) Zoning and Subdivision and Development Ordinances of the City of Meridian. 10. Section I 1-16-4 A of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. Unless the commitment is modified or terminated by the City Council, the commitment shall be binding on the owner of the parcel, each subsequent owner, and each other person acquiring an interest in the property. A commitment is binding on the owner of the property even if it is unrecorded; however, an unrecorded commitment is binding on subsequent owners and each other person acquiring an interest in the property only if the subsequent owner and each other person acquiring an interest in the property has actual notice of the commitment. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: The applicant's request for annexation and zoning of approximately .99 acres to General Retail and Service Commercial District (C-G) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of .99 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY MARSHAL OGDEN, BOISE PODIATRY BUILDING / (AZ-01-010) • 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. That the annexation and zoning of the subject property is subject to the following conditions which shall govern Administrative Staff review and approval of development permits required for the development of this property, as follows: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 3.1 All future development of this property shall be allowed only after a Conditional Use Permit for a Planned Development has been secured from the City of Meridian (Meridian City Code 11-7-2 Q). 3.2 All parking stalls shall be striped in accordance with standards adopted by the City of Meridian and in compliance with the ADA. 3.3 Landscaping shall be brought into conformance with the adopted Landscape Ordinance. This shall include additional trees as required and an irrigation system if there is not one provided on site. 3.4 A five -foot -wide sidewalk shall be required along Fairview Avenue. 3.5 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 3.6 Any existing domestic wells and/or septic system within this project shall have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non -domestic purposes such as landscape irrigation. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY MARSHAL OGDEN, BOISE PODIATRY BUILDING / (AZ-01-010) 0 9 3.7 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. 3.8 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. All site drainage shall be contained and disposed of on -site. 3.9 Off-street parking shall be provided in accordance with the City of Meridian Ordinance 11-13 for use of property. 3.10 All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. 3.11 Provide five -foot -wide sidewalks in accordance with City Ordinance Section 12-5-2.K. 3.12 All construction shall conform to the requirements of the Americans with Disabilities Act. 3.13 Applicant shall connect to all essential city services, including water and sewer, prior to any uses on the property. Adopt the Recommendations of the Ada County Highway District as follows: 3.14 Dedicate 60-feet of right-of-way from the centerline of Fairview Avenue abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed 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 after receipt of all requested material. The owner shall be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance # 193. 3:15 All utility relocation costs associated with improving street frontages FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY MARSHAL OGDEN, BOISE PODIATRY BUILDING/ (AZ-01-010) abutting the site shall be borne by the developer. 3.16 Construct 5-foot wide concrete sidewalk on Fairview Avenue abutting the parcel. The sidewalk shall be constructed 2-feet within the new right-of- way. 3.17 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact ACHD's Utility Coordinator at 387-2516 or 378-6258 (with file number) for details. 3.18 Locate driveways, in conformance with current District policy when future redevelopment occurs. 3.19 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development or redevelopment of this parcel. 3.20 Comply with all the Standard Requirements within the Ada County Highway District's letter dated June 20, 2001. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (C-G) General Retail and Service Commercial District, and Meridian City Code § 11-7-2 K. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY MARSHAL OGDEN, BOISE PODIATRY BUILDING / (AZ-01-010) 9 • 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 is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who 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 of l�61YekW_6Z` , 2001. ROLL CALL COUNCILMAN RON ANDERSON COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE McCANDLESS MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: /` 2©—D( FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY MARSHAL OGDEN, BOISE PODIATRY BUILDING / (AZ-01-010) day VOTED --��--A , VOTED_, � VOTED_0�- VOTED VOTED Page 16 • MOTION: APPROVE DISAPPROVED: Is Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. BY Dated: City Clerk ZAW0rkV1A\MeridianWleridian15360M1Podiatry Bldg AZ01-010AZFfC1S0rderTWO.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY MARSHAL OGDEN, BOISE PODIATRY BUILDING / (AZ-01-010) BEAL Page 17 APPENDIX A HUBBLE ENGINEERING, INC. 701 S. Allen St., Suite 102 . Meridian, ID 83642 Project No. 0105200 DESCRIPTION FOR ANNEXATION / REZONE OGDEN PROPERTY 208/322-8992 . Fax 208/378-0329 November 8, 2001 A parcel of land located in the NWT/4 of the NE1/4 of Section 7, T.3N., R.1 E., B. M., Ada County, Idaho and more particularly described as follows: Commencing at the corner common to Sections 5, 6, 7 and 8 of T.3N., R.1 E., B.M., from which the 1/4 corner common to said Sections 6 and 7 bears North 89°28'06" West, 2640.98 feet; thence North 89028'06" West, 1513.68 feet on the line common to said Sections 6 and 7 to the REAL POINT OF BEGINNING; thence continuing on said common line North 89028'06" West, 209.36 feet; thence leaving said common line South 00"42'04" West, 33.09 feet to a point on the southerly right-of-way of said Fairview Avenue; thence continuing South 00°42'04" West, 175.98 feet; thence South 88056-51" East, 208.52 feet; thence North 00055'50" East, 179.65 feet to a point on the said southerly right-of-way of Fairview Avenue; thence continuing North 00055'50" East, 31.32 feet to the Point of Beginning, containing 1.01 acres, more or less. Prepared by: HUBBLE ENGINEERING, INC. NOV 1 4 1 Meridian Public Works Dept. Patrick J. Scheffler, P.L.S. I:\WIP%Vickie\2001-Lega [Descriptions\PJS Wnnexation-11-08-01.doc BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A USED CAR LOT AND MORTGAGE OFFICE IN A C-G ZONE, LOCATED AT 1065 E. FAIRVIEW AVENUE, MERIDIAN, IDAHO O.P.M. ENTERPRISES, INC., APPLICANT C/C 09/16/03 Case No. CUP-03-037 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on September 16, 2003 at the hour of 7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Anna Powell Planning Director for the Planning and Zoning Department, and Justin Walker, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to -wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for September 16, 2003, before FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT , PAGE 1 OF 20 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 the 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 16, 2003, public hearings; 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, 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. This proposed development request is in a C-G zone and by reason of the Provisions of the Meridian City Code § I 1-17-4, a public hearing was required before the City Council on this application. 4• The property is located at 1065 E. Fairview Avenue, Meridian, Idaho, and the parcel is contiguous to existing city limits. 5. The owner of record of the subject property is Marshall Ogden. 6. Applicant is O.P.M. Enterprises, Inc. 7. The subject property is currently zoned C-G. The zoning district of C-G is defined FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 20 within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for a used car lot and mortgage office in a C-G zone. The C-G zoning designation within the City of Meridian Zoning and Development Ordinance requires a Conditional Use Permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1.) 9. The proposed application is in compliance with the Meridian Comprehensive Plan, which designates the subject property as Commercial. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. 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 and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. The City Council recognizes the concerns of Clarence and BemaDeanne Morgan, expressed in their letter dated July 24, 2003, 13. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERIVIIT PAGE 3 OF 20 City of Meridian, subject to the following: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. Modify site -specific number 1 on page 4 to require the applicant to modify the parking plan to comply with the Meriidan City Code and the driveway entrances to comply with ACHD's request for a single driveway at the center of the property. 2. Modify site specific requirement number 4 on page 4 to require a 25' landscape buffer to be installed on the northem edge of the subject property and a 6' cedar fence to be installed on the southern edge of the property and depicted on the revised site plan. 3. Modify site specific requirement number 13, page 5, second sentence to change the word "designer" to "applicant" and the fourth sentence to read "The applicant shall connect to water services prior to any use on the property." 4. Add a site specific requirement number 15 requiring that all wells on the subject property be abandoned. (Note: Existing wells maybe used for irrigation only, and not abandoned, if the wells are completely disconnected from the potable water system in the existing buildings. The disconnection must be physically inspected by the Water Department before the structures can be connected to the City water system.) 5. Add a site specific requirement number 16 requiring the applicant to tile the ditch on the subject property. 6. Add a site specific requirement number 17 requiring applicant to revise the Site Plan with all required revisions to the Site Plan and also a Landscape Plan and an application for alternative compliance to the landscaping requirements which shall be submitted ten days prior to the City Council hearing. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. All parking and areas of circulation shall be improved with a hard surface in accordance with MCC 11-13-4.1), and shall be installed and striped in accordance with the submitted site plan, ADA and MCC 11-13-4.F. 2. Four percent (4%) of the proposed parking lot must be landscaped. This landscaping must be depicted on the revised landscaping plan. 3. A van -accessible handicapped parking spot meeting ADA requirements must be included in the proposed parking lot and depicted on the revised site plan. 4. A 25' landscape buffer must be installed on the southem and northern edges of the subject FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERNM PAGE 4 OF 20 property and depicted on the revised site plans. 5. Ten parking spaces must be dedicated to customers of the used car lot and mortgage business. The parking spaces can be located in either the proposed parking lot or the existing parking lot. 6. 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 I I - 13-4C. 7. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon 3 days notice to the applicant. 8. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 9. 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 a 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. 10. Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wall or sight obscuring fence at least four feet in height in accordance with Ordinance 11-12-1C. Coordinate location and construction requirements with Sanitary Services, Inc. 11. 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. Any temporary occupancy will not exceed 60 days to complete the required improvements. 12. As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND RECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 20 13. Water and sewer service locations to serve this proposed building were not shown on the submitted site plan. The designer shall furnish the Public Works Department anew site plan showing existing and proposed utility mains and service connection. Sanitary sewer service is not available to the site at this time. The applicant shall connect to all essential city services, prior to any use on the property. Sewer is currently not available to this site. Applicant shall be required to connect this existing structure to the sanitary sewer system when it becomes available from the south. Expansion of the. existing structure or new construction on the subject property will not be allowed unless sanitary sewer is brought to the site by the applicant. 14. A Certificate ofZoning Compliance and a Building Permit shall be obtained prior to the start of construction. C. Adopt the Recommendations of the Ada County Highway District as follows: Site S ci tc Conditions ofApyrovai I. • The applicant shall do one of the following: a. Dedicate by donation a total of 60-feet of right-of-way from centerline along Fairview Avenue, and construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located a minimum of 41-feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located a minimum of 41-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct a 25-foot wide driveway that intersects Fairview Avenue approximately 85-feet east of the west property line, as proposed. Construct the driveway as a curb return type driveway and pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15-foot radii abutting the existing roadway edge. 3. Comply with all Standard Conditions of Approval. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 20 Standard Conditions ofApprovai 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. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the constriction 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 Standards and approved supplements, Construction Services procedures and all applicable ACED 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, 7. 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 are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact 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 anyACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terns 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 20 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 Hiles, 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 Iaw in effect at the time the change in use is sought. D. Adopt the Recommendations of Central District Health Department as follows: 1. Central District Health has no objections to the proposal. E. Adopt the Recommendations of the Nampa -Meridian Irrigation District as follows: 1. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. 2. The developer must comply with Idaho Code 31-3805. F. Adopt the Recommendations of the Meridian Fire Department as follows: I. That a fire flow consistent with Appendix III -A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III -A. Provide one fire hydrant within 350' of the proposed project. Show all fire hydrants within 500' of the project. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. All radii shall be 28' inside and 48' outside radius for all entrances and internal roads. 4. All fire lanes shall have an unobstructed width of 20'. UFC 902.2.1 G. Adopt the action of the City Council taken at their September 16, 2003 meeting as follows: 1. The Council takes into record and approves the applicant's memo dated September 16, 2003,which is on file in the Meridian City Clerk's office, 33 East Idaho Street, Meridian, Idaho, wherein the applicant submitted a Site Plan dated September 8, 2003 and a Landscape Plan showing a revision date of September 16, 2003, which both documents are approved. Also noted within the memo, the applicant is unable to comply with a landscape buffer along the west side of the property due to the existing building being too close to the property line. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 20 14. It is found that the MCC requires I parking space for each 200 square feet of floor area for the proposed mortgage office and requires that the one third of the parking lot for auto sales be dedicated to customer parking. The applicant will be required to provide five dedicated spaces for customers of the auto sales lot and five spaces for customers of the mortgage office. The applicant must also include a handicap parking space which will be van accessible per ADA requirements. The MCC's landscape ordinance requires that at least 4% of the proposed parking lot be landscaped. The applicant did submit on September 16, 2003 a memo with a Site Plan dated September 8, 2003, and a Landscape Plan showing a revision date of September 16, 2003. 15. The current Comprehensive Plan Land Use Map designates the property as "Commerical" and is currently zoned C-G. The proposed use is harmonious with the Comprehensive Plan. It is further found that the proposed use is in compliance with the Meridian City Code. 16. It is found that the proposed use will be compatible with the other commercial uses found on Fairview Avenue in the general vicinity of the subject property. The property to the north and to the west of the subject property is zoned for commercial use and there are many commercial uses found on -Fairview Avenue. 17. It is not anticipated that the proposed uses will have an adverse affect on the other Property in the vicinity due to the existing traffic conditions in the subject area and the potential for the proposed application to add to existing traffic problems. 18. It is found that the proposed development can be adequately served by the essential public facilities and services, including: streets, police and fire protection, drainage structures, refuse disposal, and water, with the exception of sanitary sewer. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 20 19. It is found that the proposed use will not create additional requirements at public cost for public facilities and service and will not be detrimental to the economic welfare of the community. 20. It is not anticipated that the proposed use will not be detrimental to any persons, property, or the general welfare. 21. It is found that the proposed use will not create interference with traffic on the surrounding public streets. 22. It is not found that any natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use PIanning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. Thd Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice Provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDPPIONAL USE PERMIT PAGE 10 OF 20 adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the' Proposed development: (Meridian City Code § 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; C. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; C. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or 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; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the C-G zone a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 20 for the conditional use permit all in accordance with the provisions of Meridian City Code § I1- 17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code § 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of thi development; F. Require the provision for an -site public facilities or services; and G. Require more restrictive standards than those generally required, in this FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 20 Ordinance. 8. 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. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: I. That the above named applicant is granted a conditional use permit for a used car lot and mortgage office in the C-G zone located at 1065 E. Fairview Avenue, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. Modify site -specific number 1 on page 4 to require the applicant to modify the parking plan to comply with the Mesiidan City Code and the driveway entrances to comply with ACHD's request for a single driveway at the center of the property. 2. Modify site specific requirement number 4 on page 4 to require a 25' landscape buffer to be installed on the northern edge of the subject property and a 6' cedar fence to be installed on the southern edge of the property and depicted on the revised site plan. 3. Modify site specific requirement number 13, page 5, second sentence to change the word "designer" to "applicant" and the fourth sentence to read "The applicant shall connect to water services prior to any use on the property." 4. Add a site specific requirement number 15 requiring that all wells on the subject property be abandoned. (Note: Existing wells may be used for irrigation only, and not abandoned, if the wells are completely disconnected from the potable water system in the existing buildings. The disconnection must be physically inspected by the Water Department before the structures can be connected to the City water system.) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 20 5. Add a site specific requirement number 16 requiring the applicant to tile the ditch on the subject property. 6. Add a site specific requirement number 17 requiring applicant to revise the Site Plan with all required revisions to the Site Plan and also a Landscape Plan and an application for alternative compliance to the landscaping requirements which shall be submitted ten days prior to the City Council hearing. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. All parking and areas of circulation shall be improved with a hard surface in accordance with MCC 11-134.1), and shall be installed and striped in accordance with the submitted site plan, ADA and MCC 11434.F. 2. Four percent (41/o) of the proposed parking lot must be landscaped. This landscaping must be depicted on the revised landscaping plan. 3. A van -accessible handicapped parking spot meeting ADA requirements must be included in the proposed parking Iot and depicted on the revised site plan. 4. A 25' landscape buffer must be installed on the southern and northern edges of the subject property and depicted on the revised site plans. 5. Ten parking spaces must be dedicated to customers of the used car lot and mortgage business. The parking spaces can be located in either the proposed parking lot or the existing parking lot. 6. 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. 7. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon 3 days notice to the applicant. S. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 9. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 20 Counties and City of Meridian standards and policies. Off -site disposal into a 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. 10. Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wall or sight obscuring fence at least four feet in height in accordance with Ordinance 11-12-1C. Coordinate location and construction requirements with Sanitary Services, Inc. 11. 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. Any temporary occupancy will not exceed 60 days to complete the required improvements. 12. As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. 13. Water and sewer service locations to serve this proposed building were not shown on the submitted site plan. The designer shall furnish the Public Works Department a new site plan showing existing and proposed utility mains and service connection. Sanitary sewer service is not available to the site at this time. The applicant shall connect to all essential city services, prior to any use on the property. Sewer is currently not available to this site. Applicant shall be required to connect this existing structure to the sanitary sewer system when it becomes available from the south. Expansion of the existing structure or new construction on the subject property will not be allowed unless sanitary sewer is brought to the site by the applicant. 14. A Certificate of Zoning Compliance and a Building Permit shall be obtained prior to the start of construction. C. Adopt the Recommendations of the Ada County Highway District as follows: Site Spec We Conditions ofAnurovd 1. The applicant shall do one of the following: a. Dedicate by donation a total of 60-feet of right-of-way from centerline along Fairview Avenue, and construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located a minimum of 41-feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 20 sidewalk along Fairview Avenue, located a minimum of 41-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct a 25-foot wide driveway that intersects Fairview Avenue approximately 85-feet east of the west property line, as proposed. Construct the driveway as a curb return type driveway and pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15-foot radii abutting the existing roadway edge. 3. Comply with all Standard Conditions of Approval. Standard Conditions ofApyrovad 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. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be 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 Standards 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. 7. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMTr PAGE 16 OF 20 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact 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. D. Adopt the Recommendations of Central District Health Department as follows: 1. Central District Health has no objections to the proposal. E. Adopt the Recommendations of the Nampa -Meridian Irrigation District as follows: 1. All municipal surface drainage must he retained on site. If any surface drainage leaves the site, the District must review drainage plans. 2. SThe developer must comply with Idaho Code 31-3805. F. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire flow consistent with Appendix III -A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UPC Appendix III -A. Provide one fire hydrant within 350' of the proposed project. Show all fire hydrants within 500' of the project. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. All radii shall be 28' inside and 48' outside radius for all entrances and internal roads. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 17 OF 20 4. All fire lanes shall have an unobstructed width'of 20'. UFC 902.2.1 G. Adopt the action of the City Council taken at their September 16, 2003 meeting as follows: 1. The Council takes into record and approves the applicant's memo dated September 16, 2003,which is on file in the Meridian City Clerk's office, 33 East Idaho Street, Meridian, Idaho, wherein the applicant submitted a Site Plan dated September 8, 2003 and a Landscape Plan showing a revision date of September 16, 2003, which both documents are approved. Also noted within the memo, the applicant is unable to comply with a landscape buffer along the west side of the property due to the existing building being too close to the property line. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code § 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit 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. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERWF PAGE 18 OF 20 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 future phases shall be null and void. (MCC 11-17- 4.B.) NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS 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 may be 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 may be 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERNIIT PAGE 19 OF 20 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 Z3� day of 2003. ROLL CALL: COUNCILMAN KEITH BIRD VOTED._ COUNCILWOMAN TAMMY deWEERD VOTED_,O� COUNCILWOMAN CHERIE Me CANDLESS VOTED _#�!� COUNCILMAN WILLIAM L.M. NARY VOTED_0 K- MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED �-- DATED:—y---.17--�; OJ? MOTION: APPROVED: DISAPPROVED: !dGGvcc, � Cau,,..cct Copy served upon Applicant, PIan Department and the City Attorney. �-23-03= Z\Wvrk\"midianlMaidian 15360MO.P.M. Fnkiprims CLIP-03-0371F&-h CUP-03-037.dm FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDPITONAL USE PERMIT PAGE 20 OF 20 �004 �. <a S1.L "t IS CbIJNTY►ttiti�p`,`` BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A USED CAR LOT AND MORTGAGE OFFICE IN A C-G ZONE, LOCATED AT 1065 E. FAIRVIEW AVENUE, MERIDIAN, IDAHO O.P.M. ENTERPRISES, INC., APPLICANT C/C 09/16/03 Case No. CUP-03-037 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on September 16, 2003, under the provisions of Meridian City Code § 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for a used car lot and mortgage office in s C-G zone located at 1065 E. Fairview Avenue, Meridian, Idaho, subject to the following conditions of use and development: ORDER CONDITIONAL USE PERMIT (CUP-03-037) . PAGE 1 OF 9 A. Adopt the Special Recommendations of the Planting and Zoning Commission as follows: 1. Modify site -specific number 1 on page 4 to require the applicant to modify the parking plan to comply with the Meriidan City Code and the driveway entrances to comply with ACHD's request for a single driveway at the center of the property. 2. Modify site specific requirement number 4 on page 4 to require a 25' landscape buffer to be installed on the northern edge of the subject property and a 6' cedar fence to be installed on the southern edge of the property and depicted on the revised site plan. Modify site specific requirement number 13, page 5, second sentence to change the word "designer" to "applicant" and the fourth sentence to read "The applicant shall connect to water services prior to any use on the property." 4. Add a site specific requirement number 15 requiring that all wells on the subject property be abandoned. (Note: Existing wells may be used for irrigation only, and not abandoned, if the wells are completely disconnected from the potable water system in the existing buildings. The disconnection must be physically inspected by the Water Department before the structures can be connected to the City water system.) 5. Add a site specific requirement number 16 requiring the applicant to tile the ditch on the subject property. 6. Add a site specific requirement number 17 requiring applicant to revise the Site Plan with all required revisions to the Site Plan and also a Landscape Plan and an application for alternative compliance to the landscaping requirements which shall be submitted ten days prior to the City Council hearing. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. All parking and areas of circulation shall be improved with a hard surface in accordance with MCC 11-13-4.13, and shall be installed and striped in accordance with the submitted site plan, ADA and MCC 11-13-4.F. 2. Four percent (4%) of the proposed parking lot must be landscaped. This landscaping must be depicted on the revised landscaping plan. 3. A van -accessible handicapped parking spot meeting ADA requirements must be included in the proposed parking lot and depicted on the revised site plan. 4. A 25' landscape buffer must be installed on the southern and northern edges of the subject ORDER CONDMONAL USE PERMIT (CUP-03-037) . PAGE 2 OF 9 Property and depicted on the revised site plans. 5. Ten parking spaces must be dedicated to customers of the used car lot and mortgage business. The parking spaces can be located in either the proposed parking lot or the existing parking lot. 6. 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. 7. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon 3 days notice to the applicant. 8. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 9. 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 a 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. 10. Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wall or sight obscuring fence at least four feet in height in accordance with Ordinance 11-12-1C. Coordinate location and construction requirements with Sanitary -Services, Inc. 11. 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. Any temporary occupancy will not exceed 60 days to complete the required improvements. 12. As part of a conditional use permit, the City of Meridian may impose additional ORDER CONDITIONAL USE PERMIT (CUP-03-037) . PAGE 3 OF 9 u restrictions/conditions, 13. Water and sewer service locations to serve this proposed building were not shown on the submitted site plan. The designer shall furnish the Public Works Department a new site plan showing existing and proposed utility mains and service connection. Sanita ry sewer service is not available to the site at this time. The applicant shall connect to all essential city services, prior to any use on the property. Sewer is currently, not available to this site. Applicant shall be required to connect this existing structure to the sanitary sewer system when it becomes available from the south. Expansion of the existing structure or new construction on the subject property will not be allowed unless sanitary sewer is brought to the site by the applicant. 14. A Certificate of Zoning Compliance and a Building permit shall be obtained prior to the start of construction. C. Adopt the Recommendations of the Ada County Highway District as follows: Site Specific Conditions ofAooroval 1. The applicant shall do one of the following: a. Dedicate by donation a total of 60-feet of right-of-way from centerline along Fairview Avenue, and construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located a minimum of 41-feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5400t wide concrete sidewalk along Fairview Avenue, located a minimum of 41-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct a 25-foot wide driveway that intersects Fairview Avenue approximately 85-feet east of the west property line, as proposed. Construct the driveway as a curb return type driveway and pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15-foot radii abutting the existing roadway edge. 3. Comply with all Standard Conditions of Approval. ORDER CONDMONAL USE FERNIIT (CUP-03-037) PAGE 4 OF 9 Standard Conditions ofAnproval I. 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, 3. Replace any existing damaged curb, gutter and sidewalk and any that may be 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 Standards 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. 7. 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. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also down as Ada County Highway District Road Impact 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 compmmised 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 ORDER CONDITIONAL USE PERMIT (CUP-03-037) PAGE 5 OF 9 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. D. Adopt the Recommendations of Central District Health Department as follows: 1. Central District Health has no objections to the proposal. E. Adopt the Recommendations of the Nampa -Meridian Irrigation District as follows: 1. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. 2. The developer must comply with Idaho Code 31-3805. F. Adopt the Recommendations of the Meridian Fire Department as foIIows: 1. That a fire flow consistent with Appendix III -A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III -A. Provide one fire hydrant within 350' of the proposed project. Show all fire hydrants within 500' of the project. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. All radii shall be 28' inside and 48' outside radius for all entrances and internal roads. 4. All fire lanes shall have an unobstructed width of 20'. UFC 902.2.1 G. Adopt the action of the City Council taken at their September 16, 2003 meeting as follows: 1. The Council takes into record and approves the applicant's memo dated September 16, 2003,which is on file in the Meridian City Clerk's office, 33 East Idaho Street, Meridian, Idaho, wherein the applicant submitted a Site Plan dated September 8, 2003 and a Landscape Plan showing a revision date of September 16, 2003, which both documents are approved. Also noted within the memo, the applicant is unable ORDER CONDMONAL USE PERAUT (CUP-03-037) PAGE 6 OF 9 to comply with a landscape buffer along the west side of the property due to the existing building being too close to the property line. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this permit. 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 Ieast 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 ORDER CONDmoNAL USE PERMIT (CUP-03-037) PAGE 7 OF 9 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 future phases shall be null and void. (MCC 11-17- 4.13.) NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS 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 may be 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. ORDER CONDITIONAL USE PERMIT (CUP-03-037) PAGE 8 OF 4 By action of the City Council at its regular meeting held on the 23 /,I!� day of vre�z,'V' ze't -' . 2003. %t n• le Attest:of IA TKO William G. Berg, Jr.,SE, Ali q '� 1tt tN1111/111/ Copy served upon Applicant, the Planning anal '1i bep tnent, Publi and City Attorney. OP4 - By Dated: - City Clerk 9, 7 Z:\W=kVd MaidianNaidien 15360NW.P.M. Fntmprises CUP-03-0370rdaCUP.doc 1rl►t1f1111tttt:tt ORDER CONDITIONAL USE PERNM (CUP-03-037) PAGE 9OF9 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR REQUEST TO AMEND CONDITIONS OF ANNEXATION FOR BOISE PODIATRY BUILDING, LOCATED AT 1065 FAIRVIEW AVENUE, MERIDIAN, IDAHO BY: MARSHALL OGDEN, APPLICANT F C/C 04/22/03 CASE NO. NU-03-004 FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR APPROVAL TO AMEND CONDITIONS OF ANNEXATION The above entitled matter coming on regularly for public hearing before the City Council on April 8, 2003 and continued until April 22, 2003, at 7:00 o'clock p.m. at the Meridian City Hall located at 33 East Idaho, and Brad Hawkins -Clark Interim Planning Director for the Planning and Zoning Department, and Marshall Ogden, appeared and testified, and the City Council having received a report from David McKinnon Planner II for the Planning and Zoning Department, and the City Council having received testimony as part of the record of this matter, and the applicant having submitted his application for a request for approval to amend conditions of annexation for Boise Podiatry Building, and which application is herein received and adjudged by the City Council pursuant to Meridian City Code § 8-2-5, and being fully advised in the FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST TO AMEND CONDMONS OF ANNEXATON FOR BOISE PODIATRY BUILDING BY MARSHALL OGDEN - FOR MI-03-004 PAGE 1 OF 9 premises does hereby make the following Findings of Fact and Conclusions of Law and Order of Decision, as follows: FINDINGS OF FACT 1. The property is generally located at 1065 Fairview Avenue, Meridian, Idaho. 2. The applicant of the subject property is Marshall Ogden whose address is 7000 Piano Lane, Boise, Idaho 83703. 3. The owner of the subject property according to the records of Ada County is Dr. Marshall D. Ogden whose address is 7000 Plano Lane, Boise, Idaho 83703. 4. The location of the subject property is presently located in a C-G zone, and which subject property has the physical address of 1065 Fairview Avenue, and is located on the south side of Fairview Avenue, approximately 1/3 of a mile west of Locust Grove. 5. The legal description of the property is on file in the City Clerk's office which is located at 33 East Idaho Street, Meridian, Idaho. 6. The applicant, Marshall Ogden, has requested modifications to the approved Findings of Fact and Conclusions of Law for the annexation of 1065 Fairview Avenue. Dr. Ogden is requesting that the requirements for improving the landscaping, constructing a sidewalk adjacent to Fairview Avenue and connecting to the City's sewer be postponed until a later date to accommodate the use of the property for retail sales in its current configuration. A small retail business, the Harvest House, would like the opportunity to use the existing building and improvements. If the applicant is required to comply with the aforementioned improvements at this time, the existing parking lot would be cut in half to accommodate new FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST TO AMEND CONDITIONS OF ANNEXATON FOR BOISE PODIATRY BUILDING BY MARSHALL OGDEN - FOR MI-03-004 PAGE 2 OF9 landscaping, the sewer line would have to be brought over 400 feet from the south, and anew sidewalk will be required on Fairview Avenue that does not connect with any other sidewalk within '/a of a mile in either direction. The applicant is willing and able to accommodate the other requirements of the annexation Findings of Fact and Conclusions of Law including, among other things, the connection to City water service, striping of the parking lot and compliance with the Sign Ordinance. 7. This miscellaneous application is only to amend the approved Findings of Fact and Conclusions of Law for the annexation, and in particular relating to improvements in the landscaping, connecting to the City's sewer, and constructing a sidewalk adjacent to Fairview Avenue, in Case No. AZ-01-010. 8. The properties surrounding the subject property are: North —The proposed Fairview Lakes development zoned C-G. South — Vacant land zoned R-IM (AdaCounty). East — Vacant land, zoned R 1-M (Ada County). West — Kock -a -Doodles retail store zoned C-G. 9. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed application for approval to amend conditions of annexation for Boise Podiatry Building for the annexation, Case No. -AZ-01-010, will not impose expense upon the public if the following conditions of approval are imposed: ]FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST TO AMEND CONDITIONS OF ANNEXATON FOR BOISE PODIATRY BUILDING BY MARSHALL OGDEN - FOR W-03-004 PAGE 3 OF9 A. Adopt the Recommendations of the Planning and Zoning Department as shown herein below from the old language to the new modifications in the Annexation and Zoning Findings of Fact and Conclusions of Law in Case No. AZ-01-010, as follows: 1. Lam*caaing: Item Number 16.3, Page 5 of the FF/CL shall now read as follows: Existing landscaping sly may be k modified iste to conform with the intent and purpose of the Landscape Code Pursuant to MCC 12-13-18 (Alternative Compliance) if the future use of the properly is a permitted use in the C G zone and the building footprint is not expanded or modified Modifications to the landsca-ping. This shag may include additional trees as required and an irrigation system if there is not one provided on site. New construction on and/or the request for a conditional use permit or subdivision of the property will require complete conformance with the adopted Landscape Ordinance, in effect at the time of the new application The revised condition of approval will allow staff to approve a new landscaping plan that meets the intent of the ordinance, but does not require complete compliance at this time. The landscaping for the subject property currently consists of a 61h foot wide strip ofweeds and grass adjacent to Fairview Avenue, a 7 %Z footwide lavarock buffer on the west property line with one tree, and 9 % foot wide buffer on the eastern property line with consisting of a weeds, grass and a lilac tree. Several new trees will be required in addition to the removal of the weeds from the buffers. 2. Sewer. Item Number 16.13, Page 6 of the FF/CL shall now read as follows: The applicant shall connect to all essen ial city sepiees, ine1whog water and sewer, prior to any use on the property. Sewer is currently not available to this site. Applicant shall be required to connect this existing structure to the sanitary sewer system when it becomes available from the south Expansion of the existing structure or new construction on the subject propertwill not be allowed unless sanitary sewer is brought to the site by the applicant The proper sewer connection for the subject property is located in the stub street within Danbury Faire Subdivision, located approximately 450 feet to the south. The original condition of approval would have made connection to city sewer cost prohibitive. FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST TO AMEND CONDITIONS OF ANNEXATON FOR BOISE PODIATRY BUILDING BY MARSHALL OGDEN - FOR MI-03-004 PAGE 4 OF9 3. Item Number 16.6, Page 5 will also need to be modified in the following manner: "Any existing domestic wells andfe.r.sstem within this project shall be removed from their domestic service per City Ordinance..." Std,_ewalkt Items 16.4 and 16.11, Page 5 of the FF/CL require a 5 foot wide sidewalk to be installed adjacent to Fairview Avenue. Staff recommends deleting both conditions from the FF/CL. Presentlythere are no sidewalks the south side of Fairview within at least V4 mile of the subject property. Furthermore, upon receipt of a conditional use permit or a preliminary plat application, the City of Meridian will again have the opportunity to require the construction of the sidewalk. B. Adopt the Recommendations of the Ada County Highway District as follows: L On June 20, 2001, the District acted on AZ01-010. The conditions and requirements also apply to MMI03-004. When the District receives a development proposal for the site, the District intends to provide the below site specific and standards requirements, in addition to any additional requirements that may apply; Site Snecillc Requirements: Dedicate 60-feet of right-of-way from the centerline of Fairview Avenue abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed 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 after receipt of all requested material. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 ofACHD Ordinance #193. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3• Constrict 5-foot wide concrete sidewalk on Fairview Avenue abutting the parcel. The sidewalk should be constructed 2-feet FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST TO AMEND CONDITIONS OF ANNEXATON FOR BOISE PODIATRY BUILDING BY MAR•SHALL OGDEN - FOR MI-03-oo4 PAGE 5 OF9 within the new right-of-way. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact ACHD's Utility Coordinator at 387-2516 or 378-6258 (with file number) for details. 5. Locate driveways, in conformance with current District policy when future redevelopment occurs. 6. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development or redevelopment of this parcel. Standard Requirements: This decision of the Planning and Development Supervisor may be appealed to the Ada County Highway District Commission by the applicant or by another party within 15 calendar days from the date of the report. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The request will be heard by the District Commission at an evening meeting within 20 calendar days of the District's receipt of the appeal letter. The appellant will be notified of the date and time of the Commission meeting.. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within two days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST TO AMEND CONDMONS OF ANNEXATON FOR BOISE PODIATRY BUILDING BY MARSHALL OGDEN - FOR NU 03-004 PAGE 6 OF9 ..i building construction in accordance with Ordinance 4193, also known as Ada County Highway District Road Impact Fee Ordinance, 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISP WC Standards 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. 5. 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. 6. 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. 7. 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 wavierlvariance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. 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. CONCLUSIONS OF LAW I . Approval of this request to amend conditions of annexation for Boise Podiatry Building located at 1065 Fairview Avenue, Meridian, Idaho, is based upon the information FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST TO AMEND CONDITIONS OF ANNEX ATON FOR BOISE PODIATRY BUILDING BY MARSHALL OGDEN - FOR MI-03-004 PAGE 7 OF9 provided by the applicant, staff comments, and testimony at the public hearing, and which amendments shall be made to the annexation findings for Case No. AZ-01-010. The applicant is required to comply with the conditions as stated in Findings of Fact No. 9. 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 AND THIS DOES ORDER That the applicant is granted approval to amend conditions of annexation for Boise Podiatry Building located at 1065 Fairview Avenue, Meridian, Idaho, and which amendments shall be made to the annexation findings for Case No. AZ-01- 010; and that the applicant shall be required to comply with all the above conditions and requirements in Findings of Fact No. 9 of staff and/or governmental entities. A By action of the City Council at its regular meeting held on the f� day of .2003. ROLL CALL COUNCILMAN BIRD VOTED__6 � COUNCILWOMAN deWEERD VOTED,�k_ COUNCILWOMAN McCANDLESS VOTED0� COUNCILMAN NARY VOTED Pe.- MAYOR ROBERT D. CORRIE VOTED r— FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST TO AMEND CONDITIONS OF ANNEXATON FOR BOISE PODIATRY BUILDING BY MARSHALL OGDEN - FOR MI-03-004 PAGE 8 OF9 (TIE BREAKER) Of r Attest: . ,gEAL 9 M William G. Berg, Jr., Ci Clerk' .� *'p r 15T ., gt •� �P Copy served upon Applicant, the PI �anfa£ D and City Attorney. g �� Public Works Department OF B Dated. lS D3 City Clerk 1 S1 •1� �� Z--RW0rk\MAleridian\Meridian13360M\BcisePodiatry Bldg MI03004\MW0rdMM3.004.doc 1. J.i. n Ht4tYt FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST TO AMEND CONDITIONS OF ANNLXATON FOR BOISE PODIATRY BUILDING BY MARSHALL OGDEN - FOR MI-03-004 PAGE 9 OF9 BEFORE THE MERIDIAN CITY COUNCIL C/C 10-02-01 Revised C/C 4/22/03 IN THE MATTER OF THE ) Case No. AZ-01-010 APPLICATION OF MARSHAL } OGDEN, BOISE PODIATRY ) AMENDED BUILDING, THE APPLICATION ) FINDINGS OF FACT AND FOR ANNEXATION AND ZONING ) CONCLUSIONS OF LAW AND OF .99 ACRES FOR THE ) DECISION AND ORDER PODIATRY BUILDING LOCATED } GRANTING APPLICATION FOR AT 1065 EAST FAIRVIEW AVE., ) ANNEXATION AND ZONING MERIDIAN, IDAHO ) The above entitled annexation and zoning application having come on for public bearing on August 8, 2001, and re -noticed for September 4, 2001 and continued until October 2, 2001, at the hour of 6:30 p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and no one appeared in opposition, 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, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for August 8, 2001, and re -noticed for September 4, 2001 and continued until October 2, 2001, before the City Council, the first publication appearing and written notice having been mailed to property owners AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APpLICAnON FOR ANNEXATION AND ZONING/BY MARSHAL OGDEN, BOISE PODIATRY BUILDING / (AZ-01-010) PAGE 1 OF 14 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 August 8, 2001, and re -noticed for September 4, 2001 and continued until October 2, 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 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 l l-16-1. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance establishing the Impact Area Boundary. 4. The description of the property, which is the subject of the application for annexation and zoning, is attached as Appendix A, and by this reference is incorporated herein as if set forth in full. 5. The property is approximately .99 acres in size and is located at 1065 East Fairview Ave., Meridian, Idaho. AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/By MARSHAL OGDEN, BOISE PODIATRY BUILDING / (AZ-01-010) PAGE 2 OF 14 6. The owner of record of the subject property is Marshal Ogden, Boise Podiatry Building, at 700 Plano Lane, Boise, Idaho. 7. Applicant is owner of record. 8. The property is presently zoned by Ada County as R-1, and consists of a vacant medical office building. 9. The Applicant requests the property be zoned as C-G. 10. The subject property is bordered to the north by undeveloped land zoned RUT, to the south by a 4.11 acre parcel with single-family home and outbuilding, zoned RI-M, to the east by a single-family home, zoned Rl-M, and to the west by a small office building zoned C-2, and the Daewoo car sales lot, zoned R-8 (this designation appears to be an error). 11. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 12. The entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 13. The Applicant proposes to develop the subject property in the following manner: development as existing and/or other uses permitted in C-G zone. 14. The Applicant requests zoning of the subject real property as C-G which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed/Planned Use Development. 15. There are no significant or scenic features of major importance that affect the consideration of this application. AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY MARSHAL OGDEN, BOISE PODIATRY BUILDING / (AZ-01-010) PAGE 3OF14 16. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 16.1 All future development of this property shall be allowed only after a Conditional Use Permit for a Planned Development has been secured from the City of Meridian (Meridian City Code 11-7-2 Q). 16.2 All parking stalls shall be striped in accordance with standards adopted by the City of Meridian and in compliance with the ADA. 16.3 Existing landscaping may be modified to conform with the intent and purpose of the Landscape Code pursuant to MCC 12-13-18 (Alternative Compliance) if the future use of the property is a permitted use in the C-G zone, and the building footprint is not expanded or modified. Modifications to the landscaping may include additional trees as required and an irrigation system if there is not one provided on site. New construction on and/or the request for a conditional use permit or subdivision of the property will require complete conformance with the adopted Landscape Ordinance. 16.4 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. PIans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 16.5 Any existing domestic wells within this project shall have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells maybe used for non -domestic purposes such as landscape irrigation. 16.6 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. 16.7 A drainage plan designed by a State of Idaho licensed architect or engineer is AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY MARSHAL OGDEN, BOISE PODIATRY BUILDING/ (AZ-01-010) PAGE 4 OF 14 required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off- street parldng areas. All site drainage shall be contained and disposed of on -site. 16.8 Off-street parking shall be provided in accordance with the City of Meridian Ordinance 11-13 for use of property. 16.9 All signage shall be in accordance with the standards set forth in Section 11-14 ofthe City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted 16.10 All construction shall conform to the requirements of the Americans with Disabilities Act. 16.11 The applicant shall connect to city water, prior to any uses on the property. Sewer is currently not available to this site. Applicant shall be required to connect this existing structure to the sanitary sewer system when it becomes available from the south. Expansion of the existing structure or new construction on the subject property will not be allowed unless sanitary sewer is brought to the site by the applicant. Adopt the Recommendations of the Ada County Highway District as follows: 16.12 Dedicate 60-feet of right-of-way from the centerline ofFairview Avenue abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed 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 after receipt of all requested material. The owner shall be compensated for all right- of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. 16.13 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 16.14 Construct 5-foot wide concrete sidewalk on Fairview Avenue abutting the parcel. The sidewalk shall be constructed 2-feet within the new right-of-way. 16.15 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact ACHD's Utility Coordinator at 387- 2516 or 378-6258 (with file number) for details. AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/By MARSHAL OGDEN, BOISE PODIATRY BUILDING / (AZ01-010) PAGE 5 OF 14 16.16 Locate driveways, in conformance with current District policy when future redevelopment occurs. 16.17 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development or redevelopment of this parcel. 16.18 Comply with all the Standard Requirements within the Ada County Highway District's letter dated June 20, 2001. 17. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 16, and all sub -parts, the economic welfare of the City and its residents and tax and rate payers will be protected, which requirement shall be included in a development agreement, a condition of annexation•and zoning designation. 18. It is also found that the development considerations as referenced in Finding No. 16 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 19. It is found that the zoning of the subject real property as General Retail and Service Commercial District (C-G) requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY MARSHAL OGDEN, BOISE PODIATRY BUILDING / (AZ-01-010) PAGE 6 OF 14 which designates the subject property as Mixed/Planned Use Development. 20. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: 20.1 The consideration of the provisions of the Comprehensive Plan and the requirements of the zoning ordinance assure that the processing of such application is the management of growth with the aim to achieve high -quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to all applications such as the subject application. 20.2 This proposed new growth development will finance public service expansion by the requirement herein that the applicant comply with the requests submitted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this matter. 20.3 The application is consistent with Meridian's self identity. 20.4 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application. 20.5 Compliance with the requests of the political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. 20.6 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application. 21. The property can be physically serviced with City water and sewer, if applicant extends the lines. CONCLUSIONS OF LAW AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY MARSHAL OGDEN, BOISE PODIATRY BUILDING / (AZ-01-010) PAGE 7 OF 14 The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. The City of Meridian has exerciser) 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." 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.A The Goals of the Comprehensive Plan are set forth at Page 5 and include: 4.1 To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies, which deal with area -specific policies and programs. 4.2 To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of new housing units within the Urban Service Planning Area. 4.3 To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY MARSHAL OGDEN, BOISE PODIATRY BUILDING! (AZ-01-010) PAGE 8 OF 14 and strengthens the City's ability to finance and implement public improvements, services and its open space character. 4.4 To provide housing opportunities for all economic groups within the community. 4.5 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self- sufficient community. 4.6 To encourage cultural, educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residents of the City. 4.7 To provide community services to fit existing and projected needs. 4.8 To establish compatible and efficient use of land through the use of innovative and functional site design. 4.9 To encourage a balance of land use patterns to insure that revenues pay for services. 4.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. The zoning of General Retail and Service Commercial District (C-G) is defined in the Zoning Ordinance at 11-7-2 K as follows: (C-G) General Retail And Service Commercial District: The purpose of the C-G District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel -related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal water and sewer systems of the City, and shall not constitute strip commercial development and encourage clustering of commercial development. 6. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is required for Applicant to use the existing development and/or other uses. AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY MARSHAL OGDEN, BOISE PODIATRY BUILDING / (AZ-01-010) PAGE 9 OF 14 7. Since the annexation and zoning of land, is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls,105 Idaho 65, 665 P2d 1075 (1983). 8. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to development time schedules and requirements; Section 124-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, 9. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinances of the City of Meridian. 10. Section 11-164 A of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. Unless the commitment is modified or terminated ' by the City Council, the commitment shall be binding on the owner of the parcel, each subsequent owner, and each other person acquiring an interest in the property. A commitment is binding on the owner of the property even if it is unrecorded; however, an unrecorded commitment is binding on subsequent owners and each other person acquiring an interest in the property only if the subsequent owner and each other person acquiring an interest in the property has actual notice of the commitment. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY MARSHAL OGDEN, BOISE PODIATRY BUILDING / (AZ-01-010) PAGE 10 OF 14 1. The applicant's request for annexation and zoning of approximately .99 acres to General Retail and Service Commercial District (C-G) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of .99 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. .:. 3. That the annexation and zoning of the subject property is subject to the following conditions which shall govern Administrative Staff review and approval of development permits required for the development of this property, as follows: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 3.1 All future development of this property shall be allowed only after a Conditional Use Permit for a Planned Development has been secured from the City of Meridian (Meridian City Code 11-7-2 Q). 3.2 All parking stalls shall be striped in accordance with standards adopted by the City of Meridian and in compliance with the ADA. 3.3 Existing landscaping may be modified to conform with the intent and purpose of the Landscape Code pursuant to MCC 12-13-18 (Alternative Compliance) if the future use of the property is a permitted use in the C-G zone, and the building footprint is not expanded or modified. Modifications to the landscaping may include additional trees as required and an irrigation system if there is not one provided on site. New construction on and/or the request for a conditional use permit or subdivision of the property will require complete conformance with the adopted Landscape Ordinance. 3.4 All irrigation ditches, laterals or canals, exclusive ofnatural waterways, intersecting, AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY MARSHAL OGDEN, BOISE PODIATRY BUILDING / (AZ-01-010) PAGE 11 OF 14 crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 124-13. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 3.5 Any existing domestic wells within this project shall have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells maybe used for non -domestic purposes such as landscape irrigation. 3.6 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. 3.7 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. All site drainage shall be contained and disposed of on -site. 3.8 Off-street parking shall be provided in accordance with the City of Meridian Ordinance 11-13 for use of property. 3.9 All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. 3.10 All construction shall conform to the requirements of the Americans with Disabilities Act. 3.11 The applicant shall connect to city water, prior to any use on the property. Sewer is currently not available to this site. Applicant shall be required to connect this existing structure to the sanitary sewer system when it becomes available from the south. Expansion of the existing structure or new construction on the subject property will not be allowed unless sanitary sewer is brought to the site by the applicant. Adopt the Recommendations of the Ada County Highway District as follows: 3.12 Dedicate 60-feet of right-of-way from the centerline ofFairview Avenue abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed 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 after receipt of all requested materiaL The owner shall be compensated for all right- of-way dedicated as an addition to existing right-of-way from available impact fee AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY MARSHAL OGDEN, BOISE PODIATRY BUILDING / (AZ-01-010) PAGE 12 OF 14 revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. 3.13 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3.14 Construct 5-foot wide concrete sidewalk on Fairview Avenue abutting the parcel. The sidewalk shall be constructed 2-feet within the new right-of-way. 3.15 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact ACHD's Utility Coordinator at 387- 2516 or 378-6258 (with file number) for details. 3.16 Locate driveways, in conformance with current District policy when future redevelopment occurs. 3.17 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development or redevelopment of this parcel. 3.18 Comply with all the Standard Requirements within the Ada County Highway District's letter dated June 209 2001. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (C-G) General Retail and Service Commercial District, and Meridian City Code, 11-7-2 K. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code 11- 21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY MARSHAL OGDEN, BOISE PODIATRY BUILDING / (AZ-01-010) PAGE 13 OF 14 Pursuant to Idaho Code 67-6521 an affected person is a person who has an interest m real property which may be adversely affected by the issuance or denial of the annexation and zoning and who 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 . 2003. ROLL CALL COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE McCANDLESS COUNCILMAN WILLIAM L.M. NARY MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED:=13--03 MOTION: APPROVED:—t= DISAPPROVED: G. Berg, Jr., Copy served upon Applicant, the the City Attorney. Clerk VOTED*,� VOTED_0i� VOTED_7— VOTED_��.�... VOTED — `0-%p Hrurrrrrrrrrrri ,.1 ::I lr/e- 7-:\waicWW=idian\Meridian15360M\?cfttryB1d8 AZ01-01 MAmendod AZ FF CL pa AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY MARSHAL OGDEN, BOISE PODIATRY BUILDING / (AZ-01-010) PAGE 14 OF 14 t, Public Works Department and OF ````��tri�rrtrrrrrrrrrr�i SEAL n4 22 03.doc $+h Cb ffr�fr4lri>itr+fw��t�O 0;