HomeMy WebLinkAboutDevlin Place Subdivision No. 2 RZ-00-008BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 02-06-01
IN THE MATTER OF THE
REQUEST FOR REZONE OF
APPROXIMATELY 5.17ACRES
FOR PROPOSED DEVLIN
PLACE NO. 2, LOCATED ON
THE NORTH SIDE OF CHERRY
LANE, EAST OF TEN MILE
ROAD, MERIDIAN, IDAHO
JUB ENGINEERS,
Applicant.
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Case No: RZ-00-008
FINDINGS OF FACT AND
CONCLUSIONS OF LAW,
DECISION AND ORDER
GRANTING APPLICATION
FOR REZONE
The above entitled matter on the rezoning application of 5.17 acres
having come on for public hearing on February 6, 2001, at the hour of 6:30 o'clock
p.m., and Council having received the report of Shari Stiles, Planning and Zoning
Administrator, and Gary Smith, Public Works Director, both appeared and testified,
and appearing and testifying on behalf of the Applicant was Daren Fluke, and no one
appeared in opposition, and the Council haVing received the record of this matter
made before the Planning and Zoning Commission, and having received their
Recommendation to the City Council, and the City Council having duly considered
the evidence and the record in this matter therefore makes the following Findings of
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 5.17 ACRES FROM L-O TO R-4
BY: JUB ENGINEERS / (RZ-00-008)
-1
Fact and Conclusions of Law, Decision and Order:
FINDINGS OF FACT
1. The notice of public hearing on the application for rezoning was
published for two (2) consecutive weeks prior to said public hearing scheduled for
February 6, 2001, before the City Council, the first publication appearing and
written notice having been mailed to property owners or purchasers of record within
three htmdred 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 February 6, 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 tal<es judicial notice of its zoning, subdivisions
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 5.17 ACRES FROM L-O TO
BY: JUB ENGINEERS / (RZ-00-O08)
-2
and development ordinances codified at Meridian City Code Title 11 and Title 12,
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 property is approximately 5.17 acres in size. The property is
generally located on the north side of Cherry Lane, east of Ten Mile Road, in
Meridian.
The owner of record of the subject property is Dan Wood, of
Boise, Idaho.
6.
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9.
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Meridian.
11.
The Applicant is JUB Engineers, Inc., Boise, Idaho.
The property is presently zoned as L-O, and is vacant.
The Applicant requests the property be rezoned to R-4.
The proposed site is surrounded by residential development.
The subject property is within the city limits of the City of
The entire parcel of the property is included within the Meridian
Urban Service Planning Area.
12. The Applicant proposes to develop the subject property in the
following manner: construct a single family residential development.
13. The Applic0a~t's requested rezoning of the subject real property as
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 5.17 ACRES FROM L-O TO R-4
BY: JUB ENGINEERS / (RZ-O0-O08)
-3
R-4 is consistent with the commercial designation on the Meridian Comprehensive
Plan Generalized Land Use Map which designates the subject property as Existing
Urban.
14. There are no significant or scenic features of ~-aajor importance
that affect the consideration of this application.
15. In review of the application for rezone it is provided at Meridian
City Code § 11-15-11 for the General Standards that the Commission and Council
review this proposed zoning amendment and pursuant to the criteria of said section
finds that:
15.1.1 The new zoning will be harmonious with and in
accordance with the Comprehensive Plan;
15.1.2The area included in the zoning amendment is not
intended to be rezoned in the future;
15.1.3 The proposed use will be designed, constructed, operated
and maintained to be harmonious and appropriate in
appearance with the existing or intended character of the
general vicinity and that such use will not change the
essential character of the same area, subject to the
conditions of the conditional use process;
15.1.4The proposed use will not be hazardous or disturbing to
existing or future neighboring uses, subject to the
conditions of the conditional use process;
15.1.5 The area will be served adequately by essential public
facilities and services such as highways, streets, police and
fire protection, drainage structures, refuse disposal, water,
sewer or that the person responsible for the establishment
of proposed zoning amendment shall be able to provide
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 5.17 ACRES FROM L-O TO R-4
BY: JUB ENGINEERS / (RZ-00-O08)
~4
adequately any of such services;
15.1.6The use will not create excessive additional requirements at
public cost for public facilities and services and will not be
detrimental to the economic welfare of the community;
15.1.7The use will not involve uses, activities, processes,
materials, equipment and conditions of operation that will
be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise,
smoke, fumes, glare or odors;
15.1.8The area will have vehicular approaches to the property
which shall be so designed as not to create an interference
with traffic on surrounding public streets;
15.1.9The use will not result in the destruction, loss or damage of
a natural or scenic feature of major importance; and
15.1.10The proposed zoning will be in the best interest of the
City of Meridian.
15.2 Staff conditions provide as follows:
Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
15.2. I The subject lot can be adequately served by public facilities and
the proposed uses will allow for orderly expansion of the city
limits, as this is an infill parcel.
15.2.2 The existing Development Agreement, Instrument No.
98031450, must be modified as a condition of rezone.
Specifically, items 2 a-e, page 2, must be modified to reflect the
change of land uses.
15.2.3 The existing Conditional Use Permit must be revoked by City
Council in conformance with Section 11-17-9 of the Meridian
City Code. To do this, Council must notify the permit holder
(D.D. & F.) of their intention to revoke the permit and provide
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 5.17 ACRES FROM L-O TO R-4
BY: JUB ENGINEERS / (RZ-00-O08)
-5
D.D. & F. with the opportunity to contest the revocation. If
D.D. & F. contests the revocation, a public hearing must be held.
If D.D. & F. has no objection, Council would direct the City
Attorney to prepare findings of fact and conclusions of law to
revoke the Conditional Use Permit.
15.2.4Any existing irrigation/drainage ditches crossing the property to
be included in this project shall be tiled per City Ordinance. The
ditches to be piped shall be shown on the site plans. Plans shall
be approved by the appropriate irrigation/drainage district, with
written confirmation of said approval submitted to the Public
Works Department. No variances have been requested for tiling
of any ditches crossing this project.
15.2.5Any existing domestic wells and/or septic systems within this
project shall be removed from their domestic service per City
Ordinance. Wells may be used for non-domestic purposes such
as landscape irrigation.
15.2.6Provide five-foot-wide sidewalks in accordance with City
Ordinance.
15.2.7All construction shall conform to the requirements of the
Americans with Disabilities Act.
Adopt the Recommendations of the Meridian Fire Department as follows:
15.2.8 Street name signs and roads shall be installed before building is
started.
Adopt the Recommendations of the Ada County Highway District as follows:
15.2.9Extend Gemstone Drive into the site at the east property line
between Lot 9, Block 1 and Lot 1 Block 5, as proposed, and
connect it to Gemstone Drive at the west property line between
Lot 13, Block 1 and Lot 13, Block 5.
15.2.10Extend Higan Street into the site at the north property line as
proposed to connect to the proposed Gemstone Drive. Construct
Higan Street as a 29-foot street section as proposed, within 42-
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 5.17 ACRES FROM L-O TO R-4
BY: ~UB ENGINEERS / (RZ-00-008)
-6
feet of right-of-way with parking prohibited on one side. Parking
shall be restricted on one side of the roadway. A signage plan
shall be submitted for review and approval by Planning and
Development staff.
15.2. i 1Any proposed landscape islands/medians within the public right-
of-way dedicated by this plat shall be owned and maintained by a
homeowners association. Notes of this shall be required on the
final plat.
15.2.12Unless otherwise approved, the applicant shall be required to
construct all public roads, within the subdivision as 36-foot street
sections with curb, gutter, and 5-foot wide concrete sidewallcs
within 50-feet of right-of-way.
15.2.13 Construct the turnaround to provide a minimum turning radius
of 45-feet.
15.2.14Utility streets cuts in pavement less than five years old are not
allowed unless approved in writing by the District. Contact
Construction Services at 387-6280. (with file numbers) for
details.
15.2.15A request for modification, variance or waiver of any requirement
or policy outlined herein shall be made in writing to the ACHD
Planning and Development Supervisor. 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 written request
shall be submitted to the District no later than 9:00 a.m. on the
day scheduled for ACHD Commission action. Those items shall
be rescheduled for discussion with the Commission on the next
available meeting agenda.
Requests submitted to the District after 9:00 a.m. on the day
scheduled for Commission action do not provide sufficient time
for District staff to remove the item from the consent agenda and
report to the Commission regarding the requested modification,
variance or waiver. Those items will be acted on by the
Commission unless removed from the agenda by the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 5.17 ACRES FROM L-O TO
BY: ~[UB ENGINEERS / (RZ-O0-O08)
-7
Commission.
15.2.16After ACHD Commission action, any request for reconsideration
of the Commission's action shall be in writing to the Planning
and Development Supervisor within six 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.
15.2.17Payment of applicable road impact fees are required prior to
building construction in accordance with Ordinance # 193, also
known as Ada County Highway District Road Impact Fee
Ordinance.
15.2.18All 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.
15.2.19The applicant shall submit revised plans for staff approval, prior
to issuance of building permit (or other required permits), which
incorporates any required design changes.
15.2.20Construction, use and property development shall be in
conformance with all applicable requirements of the Ada County
Highway District prior to District approval for occupancy.
15.2.21 It is the responsibility of the applicant to verify all existing
utilities within the right-of-way. Existing utilities damaged by the
applicant shall be repaired by the applicant at no cost to ACHD.
The applicant shall be required to call DIGLINE (1-800-342-
1585) at least two full business days prior to brealdng ground
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 5.17 ACRES FROM L-O TO R-4
BY: JUB ENGINEERS / (RZ-00-O08)
-8
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.
15.2.22No 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.
15.2.23Any 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.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows:
15.2.24The Nampa & Meridian Irrigation District's Rutledge Lateral
courses along the south and west boundaries of the above-
mentioned proposed project. The easement of the Rutledge
Lateral must be protected.
16. The legal description of the property that is the subject of this
application is on file with the City Clerk's office.
CONCLUSIONS OF LAW
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 exercised its authority and responsibility as
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 5.17 ACRES FROM L-O TO R-4
BY: IUB ENGINEERS / (RZ-O0-O08)
-9
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.
3. The requested zoning of Low Density Residential District, (R-4) is
defined in the Zoning Ordinance at 11-7-2 C as follows:
(R-4 ) Low Densi~ Residential District: Only single-family
dwellings shall be permitted and no conditional uses shall be
permitted except for planned residential development and public
schools. The purpose of the K-4 District is to permit the
establishment of low density single-family dwellings, and to
delineate those areas where predominantly residential
development has, or is likely to occur in accord with the
Comprehensive Plan of the City, and to protect the integrity of
residential areas by prohibiting the intrusion of incompatible
nonresidential uses. The R-4 District allows for a maximum of
four (4) dwelling traits per acre and requires connection to the
Municipal water and sewer systems of the City.
4. Idaho Code § 67-6511 provides and requires that the City shall
establish by ordinance one or more zones or zoning districts in accordance with the
adopted Comprehensive Plan and the ordinance establishing zoning districts can be
amended with particular consideration given to the effects of any proposed zone
change upon the delivery of services by any political subdivision providing public
services, including school districts, within the City's planning jurisdiction and that it
is in conformance with the Comprehensive Plan.
5. Idaho Code § 67-651 lA provides:
Each governing board may, by ordinance adopted or amended in
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 5.17 ACRES FROM L-O TO R-4
BY: JUB ENGINEERS / (RZ-O0-008) - lO
accordance with the notice and hearing provisions provided under
section 67-6509, Idaho Code, require or permit as a condition of
rezoning that an owner or developer make a written commitment
concerning the use or development of the subject parcel. The
governing board shall adopt ordinance provisions governing the
creation, form, recording, modification, enforcement and
termination of conditional commitments.
6. The City of Meridian by the adoption of Meridian City Code §
11-15-12 has exercised its authority to require or permit as a condition of rezoning
that an owner or developer make a written commitment concerning the use or
development of the subject property.
7. § 11-6-1 ZONING DISTRICT MAP provides in part as
follows:
The districts established in this Ordinance as shown on the
Official Zoning Map, together with all explanatory matter
thereon, are hereby adopted as part of this Ordinance. Where
uncertainty exists with respect to the boundaries of any of the
zoning districts as shown on the Official Zoning Map, the
following shall apply:
7.1
Where district boundaries are indicated as approximately
following the centerline of street lines, highway right-of-
way lines, streams, lakes or other bodies of water, the
centerline shall be construed to be such boundary;
7.2
Where district boundaries are so indicated that they
approximately follow the lot lines, such lot lines shall be
construed to be said boundaries;
7.3
Where district boundaries are so indicated that they are
approximately parallel to the centedines or street lines of
streets, or the centerlines or right-of-way lines of highways,
such district boundaries shall be construed as being parallel
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 5.17 ACRES FROM L-O TO R-4
BY: IUB ENGINEERS / (RZ-00-O08)
oll
thereto and at such distance therefrom as indicated on the
Official Zoning Map. If no distance is given, such
dimensions shall be determined by the use of the scale
shown on the Official Zoning Map; and
7.4
Where the boundary of a district follows a railroad line,
such boundary shall be deemed to be located in the middle
of the main tracks of said railroad line.
§ 11-15-1 lof the Meridian City Code GENERAL STANDARDS
APPLICABLE TO ZONING AMENDMENTS provides in part as follows:
The Commission and Council shall review the particular facts and
circumstances of each proposed zoning amendment in terms of
the following standards and shall find adequate evidence
answering the following questions about the proposed zoning
amendment:
8.1
The new zoning will be harmonious with and in
accordance with the Comprehensive Plan.
8.2 The area is not intended to be rezoned in the future.
8.3
The area is intended to be developed in the fashion that is
allowed under the new zoning.
8.4
There has been no change in the area or adjacent areas
which would dictate the area should be rezoned.
8.5
The proposed uses will be designed, constructed, operated
and maintained to be harmonious and appropriate in
appearance with the existing or intended character of the
general vicinity and that such use will not change the
essential character of the same area;
8.6
The proposed uses will not be hazardous or disturbing to
existing or future neighboring uses;
8.7 The area will be served adequately by essential public
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 5.17 ACRES FROM L-O TO R-4
BY: JUB ENGINEERS / (RZ-O0-O08)
-12
facilities and services such as highways, streets, police and
fire protection, drainage structures, refuse disposal, water,
sewer or that the person responsible for the establishment
of proposed zoning amendment shall be able to provide
adequately any of such services;
8.8
The use will not create excessive additional requirements at
public cost for public facilities and services and will not be
detrimental to the economic welfare of the community;
8.9
The proposed uses will not involve uses, activities,
processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property
or the general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors;
8.10
The area will have vehicular approaches to the property
which shall be so designed as not to create an interference
with traffic on surrounding public streets;
8.11 The use will not result in the destruction, loss or damage of
a natural or scenic feature of major importance; and
8.12 The proposed zoning amendment is in the best interest of
the City of Meridian.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND
FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH
ARE HEREIN ADOPTED, the City Council does hereby Order and this does Order:
The Applicant's request for rezone of approximately 5.17 acres for
construction and development of a single family r.esidential development is granted,
subject to the terms and conditions of this Order hereinafter stated; and
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 5.17 ACRES FROM L-O TO R-4
BY: JUB ENGINEERS / (RZ-00-008)
- 13
2. The following special terms and conditions of use and
development relate to this application to-wit:
Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
2.1
The subject lot can be adequately served by public facilities and
the proposed uses will allow for orderly expansion of the city
limits, as this is an infill parcel.
2.2
The existing Development Agreement, Instrument No.
98031450, must be modified as a condition of rezone.
Specifically, items 2 a-e, page 2, must be modified to reflect the
change of land uses.
2.3
The existing Conditional Use Permit must be revoked by City
Council in conformance with Section 11-17-9 of the Meridian
City Code. To do this, Council must notify the permit holder
(D.D. Sc F.) of their intention to revoke the permit and provide
D.D. Sc F. with the opportunity to contest the revocation. If
D.D. Sc F. contests the revocation, a public hearing must be held.
If D.D. Sc F. has no objection, Council would direct the City
Attorney to prepare findings of fact and conclusions of law to
revoke the Conditional Use Permit.
2.4
Any existing irrigation/drainage ditches crossing the property to
be included in this project shall be tiled per City Ordinance. The
ditches to be piped shall be shown on the site plans. Plans shall
be approved by the appropriate irrigation/drainage district, with
written confirmation of said approval submitted to the Public
Works Department. No variances have been requested for tiling
of any ditches crossing this project.
2.5
Any existing domestic wells and/or septic systems within this
project shall be removed from their domestic service per City
Ordinance. Wells may be used for non-domestic purposes such
as landscape irrigation.
2.6
Provide five-foot-wide sidewalks in accordance with City
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 5.17 ACRES FROM L-O TO R-4
BY: JUB ENGINEERS / (RZ-00-008)
- 14
Ordinance.
2.7
All construction shall conform to the requirements of the
Americans with Disabilities Act.
Adopt the Recommendations of the Meridian Fire Department as follows:
2.8 Street name signs and roads shall be installed before building is
started.
Adopt the Reconunendations of the Ada County Highway District as follows:
2.9
Extend Gemstone Drive into the site at the east property line
between Lot 9, Block 1 and Lot 1 Block 5, as proposed, and
connect it to Gemstone Drive at the west property line between
Lot 13, Block 1 and Lot 13, Blod~ 5.
2.10
Extend Higan Street into the site at the north property line as
proposed to connect to the proposed Gemstone Drive. Construct
Higan Street as a 29-foot street section as proposed, within 42-
feet of fight-of-way with parldng prohibited on one side. Parking
shall be restricted on one side of the roadway. A signage plan
shall be submitted for review and approval by Planning and
Development staff.
2.11
Any proposed landscape islands/medians within the public right-
of-way dedicated by this plat shall be owned and maintained by a
homeowners association. Notes of this shall be required on the
final plat.
2.12
Unless otherwise approved, the applicant shall be required to
construct all public roads, within the subdivision as 36-foot street
sections with curb, gutter, and 5-foot wide concrete sidewalks
within 50-feet of right-of-way.
2.13
Construct the turnaround to provide a minimum turning radius
of 45-feet.
2.14
Utility streets cuts in pavement less than five years old are not
allowed unless approved in writing by the District. Contact
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 5.17 ACRES FROM L-O TO R-4
BY: JUB ENGINEERS / (RZ-00-O08)
-15
Construction Services at 387-6280. (with file numbers) for
details.
2.15
A request for modification, variance or waiver of any requirement
or policy outlined herein shall be made in writing to the ACHD
Planning and Development Supervisor. 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 written request
shall be submitted to the District no later than 9:00 a.m. on the
day scheduled for ACHD Commission action. Those items shall
be rescheduled for discussion with the Commission on the next
available meeting agenda.
Requests submitted to the District after 9:00 a.m. on the day
scheduled for Commission action do not provide sufficient time
for District staff to remove the item from the consent agenda and
report to the Commission regarding the requested modification,
variance or waiver. Those items will be acted on by the.
Commission unless removed from the agenda by the
Commission.
2.16
2.17
After ACHD Commission action, any request for reconsideration
of the Commission's action shall be in writing to the Planning
and Development Supervisor within six days of the action and
shall include a minimum fee of $1 I0.00. 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.
Payment of applicable road impact fees are required prior to
building construction in accordance with Ordinance # 193, also
known as Ada County Highway District Road Impact Fee
Ordinance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 5.17 ACRES FROM L-O TO R-4
BY: JUB ENGINEERS / (RZ-O0-O08)
-16
2.18
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.
2.19
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.
2.20
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.
2.21
It is the responsibility of the applicant to verify all existing
utilities within the right-of-way. Existing utilities damaged by the
applicant shall be repaired by the applicant at no cost to ACHD.
The applicant shall be required to call DIGLIN£ (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.
2.22
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.
2.23
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 5.17 ACRES FROM L-O TO R-4
BY: IUB ENGINEERS / (RZ-O0-O08)
-17
use is sought.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows:
2.24 The Nampa & Meridian Irrigation District's Rutledge Lateral
courses along the south and west boundaries of the above-
mentioned proposed project. The easement of the Rutledge
Lateral must be protected.
3. The City Attorney shall prepare for consideration by the City Council
the appropriate ordinance for the re-designation of the zoning for the real property
which is the subject of the application to (R-4) Low Density Residential District
(Meridian City Code § 11-7-2 C) which ordinance shall be considered for passage.
4. Subsequent to the passage of the Ordinance, provided for in
Section 2 of this Order, the engineering staff of the Public Works Department shall
prepare the appropriate mapping changes of the official Zoning Maps as provided in
Meridian City Code § 11-21-1 in accordance with the provisions of the rezoning
ordinance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 5.17 ACRES FROM L-O TO R-4
BY: JUB ENGINEERS / (RZ-00-O08)
-18
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the
City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a
person who has an interest in real property which may be adversely affected by the
issuance or denial of the rezoning 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.
day of
ROLL CALL
COUNCILMAN RON ANDERSON
By action of the City Council at its regular meeting held on the
,2001.
COUNCILMAN ICEITH BIRD
COUNCILWOMAN TAMMY deWEERD
COUNCIL WOMAN CHERIE McCANDLESS
MAYOR ROBERT CORRIE (TIE BREAKER)
DATED: .~-- ~g:~ --O//
MOTION:APPROVED~
DISAPPROVED:
VOTED ~
VOTED__~
VOTED__~~-~
VOTED__~
VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 5.17 ACRES FROM L-O TO R-4
BY: }'UB ENGINEERS / (RZ-00-O08)
-I9
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney.
msg/Z:\Work~/l~MeridianXaMeridian 15360M~Devlin Place 2 RZ008 PP025~FfsClsOrderREZ
Dated:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 5.17 ACRES FROM L-O TO R-4
BY: JUB ENGINEERS / (RZ-O0-O08)
- 2O