HomeMy WebLinkAboutFarmers & Merchants State Bank RZ-02-005
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 12-17-02
IN THE MATTER OF THE )
REQUEST FOR REZONE OF .8 )
ACRE FOR FARMERS & )
MERCHANTS STATE BANK FROM )
L-O TO C-G ZONING, LOCATED )
ON THE NORTH-WEST CORNER )
OF FAIRVIEW AVENUE AND N. )
HICKORY WAY, MERIDIAN, )
IDAHO )
)
FARMERS & MERCHANTS STATE )
BANK, )
Applicant. )
)
Case No: RZ-02-005
FINDINGS OF FACT AND
CONCLUSIONS OF LAW,
DECISION AND ORDER
GRANTING APPLICATION FOR
REZONE
The above entitled matter on the rezoning application of .8 acres having come on
for public hearing on December 17,2002, at the hour of7:00 o'clock p.m., and Council having
received the report of David McKinnon Planner II of the Planning and Zoning Department, and
Bruce Freckleton of the Public Works Department, and Brad Hawkins-Clark Interim Director for
the Planning and Zoning Department, and Richard Toney, appeared and testified, and no one
appeared in opposition, and the Council having received the record ofthis matter made before
the Planning and Zoning Commission, and having received their Recommendation to the City
Council, and the City Council having duly considered the evidence and the record in this matter
therefore makes the following Findings of Fact and Conclusions of Law, Decision and Order:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .8 ACRES FROM L-O TO C-G
BY FARMERS & MERCHANTS STATE BANK I (RZ-02-005) - 1
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 December 17, 2002,
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 December 17, 2002, 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 SS 67-6509 and 67-6511, and Meridian City Code SS 11-15-5 and 11-16-1.
3. The City Council takes judicial notice of its zoning, subdivisions and
development ordinances codified at Meridian City Code Title 11 and Title 12, and all current
zoning maps thereof, and the Amended Comprehensive Plan ofthe City of Meridian adopted
August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing tl).e Impact
Area Boundary.
4. The property is approximately .8 acre in size, and said legal includes the
adjacent right-of-way which is being rezoned also, with a total acreage of 1.39 acres. The
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .8 ACRES FROM L-O TO C~G
BY FARMERS & MERCHANTS STATE BANK / (RZ-02~005) - 2
property is located on the north-west corner ofFairview Avenue and N. Hickory Way, Meridian,
Idaho, and a copy ofthe legal description is on file at the City Clerk's office, Meridian City Hall,
33 East Idaho, Meridian, Idaho.
5. The owner of record of the subject property is Farmers & Merchants State
Bank, 4128 Adams Street, Boise, Idaho 83714.
6. The Applicant is owner of record.
7. The property is presently zoned as Limited Office (L-O), and consists of
vacant land.
8. The Applicant requests the property be rezoned to General Retail and
Service Commercial (C-G).
9. The proposed site is bordered to the north and east by Capital Christian
Church, to the south by a commercial car wash, and to the west by Louie's Restaurant.
10. The property which is the subject of this application is within the Area of
Impact of the City of Meridian.
11. The entire parcel of the property is included within the Meridian Urban
Service Planning Area as defined in the Meridian Comprehensive Plan.
12. The Applicant proposes to develop the subject property in the following
manner: As commercial property.
13. The Applicant requested rezoning 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 Commercial.
14. There are no significant or scenic features of major importance that affect
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .8 ACRES FROM L~O TO C-G
BY FARMERS & MERCHANTS STATE BANK / (RZ-02-005) - 3
the consideration of this application.
15. In review of the application for rezone it is provided at Meridian
City Code S 11-15-1lfor 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 The new zoning will be harmonious with and in accordance with the
Comprehensive Plan;
15.2 The area included in the zoning amendment is not intended to be rezoned
in the future;
15.3 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 ofthe
conditional use process;
15.4 The proposed use will not be hazardous or disturbing to existing or future
neighboring uses, subject to the conditions of the conditional use process;
15.5 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
adequately any of such services;
15.6 The use will not create excessive additional requirements at public cost for
public facilities and services and will not be detrimental to the economic
welfare of the community;
15.7 The use will not involve uses, activities, processes, materials, equipment
and conditions of operation that will be detrimental to any persons,
property or the general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors;
15.8 The area will have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding public
streets;
15.9 The use will not result in the destruction, loss or damage of a natural or
scenic feature of major importance; and
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .8 ACRES FROM L~O TO C-G
BY FARMERS & MERCHANTS STATE BANK / (RZ-02-005) - 4
15.10 The proposed zoning will be in the best interest of the City of Meridian.
15.2 Staff and Agency recommendations and/or conditions provide as follows:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
Conditions of Approval
1. All signage in the proposed project shall be in accordance with the standards set forth
in Section 11-14 of the City of Meridian Zoning and Development Ordinance.
2. Provide off-street parking in accordance with the City of Meridian Ordinance 11-13
for use of property.
3. All construction shall conform to the requirements of the Americans with Disabilities
Act.
4. Any assessments or re-assessments for sewer and water service for any new uses will
be determined during the Certificate of Occupancy process.
5. Development of the property shall be in conformance with the Meridian City Code.
B. Adopt the Recommendations of the ACHD as follows:
Site Specific Conditions of Approval
If the rezone is approved and the District receives a development proposal, the District
intends to provide site-specific requirements that apply upon review offuture
development. The Findings for Consideration cover a portion of the District policies that
will pertain to any development proposal for this site.
1. Construct a 5~foot wide detached concrete sidewalk on Fairview Avenue located
2-feet within the right-of-way. Coordinate the location and elevation ofthe
sidewalk with District staff. If the sidewalk meanders outside of the "right-of-way,
provide an easement for the sidewalk. The District will require a license
agreement for the landscape strip with the detached sidewalk. Please contact the
Right-of-Way Division at 387-3271 for guidelines.
2. Construct a 5-foot wide detached concrete sidewalk on Hickory Way that ties into
the existing sidewalk on Hickory Way. Coordinate the location and elevation of
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .8 ACRES FROM L-O TO C-G
BY FARMERS & MERCHANTS STATE BANK / (RZ-02-005) - 5
the sidewalk with District staff. If the sidewalk meanders outside ofthe right-of-
way, provide an easement for the sidewalk. The District will require a license
agreement for the landscape strip with the detached sidewalk. Please contact the
Right-of-Way Division at 387-3271 for guidelines.
3. Direct lot access to Fairview Avenue shall be restricted to this lot. A shared access
with Lot 1, Block 1, Angel Park Subdivision located near the northwest property
line and in alignment with the existing driveway across Hickory Way is preferred.
4. As required by District policy, restrictions on the width, number and locations of
driveways, shall be placed on future development of this parcel
5. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
3. Replace any existing damaged curb and gutter and any that may be damaged
during the construction of the proposed development. Contact Construction
Services at 387-6280 for details.
4. Utility street 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.
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 ofIdaho 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 OF APPROVAL OF
REZONING OF .8 ACRES FROM L-O TO C-G
BY FARMERS & MERCHANTS STATE BANK/ (RZ-02-005) - 6
8. Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #195, also known as Ada County Highway District
Road hnpact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the
right-of-way. 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 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.
16. It is found that the adopted Comprehensive Plan's Future Land Use Map
delineates the property as "Commercial". The requested C-G zoning is harmonious with the
"Commercial" designation and is in accordance with the overall goals and policies of the
Comprehensive Plan.
17. It is found that the proposed zoning amendment complies with the intended
zone(s) supported by the Future Land Use Map. It is not anticipated that the property will be
rezoned in the future.
18. It is found that the Applicant has not submitted detailed development plans for the
un-built parcels within the development; however, it is found that the land to be rezoned will be
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .8 ACRES FROM L-O TO C-G
BY FARMERS & MERCHANTS STATE BANK / (RZ-02M005) - 7
developed as a single commercial building. If the property is developed in accordance with the
MCC, new commercial development would be allowed under the new C-G zoning designation.
19. The recent adoption of the Comprehensive Plan changed the land use designation
ofthe property from "Existing Urban" to "Commercial" on the City's Future Land Use Map.
20. It is found that all development within the subdivision will be required to comply
with the MCC, and that the future development of the land will be in harmony the existing and
intended character of the area. All commercial development applications will have to be
weighed on the merits of the specific application. All development will require a Certificate of
Zoning Compliance or Conditional Use Permit application, as determined by the Schedule of Use
Control in the City's Zoning Ordinance.
21. It is found that the re-zone to C~G should not be disturbing to existing or future
neighboring uses. Specific uses allowed (either permitted uses or conditional uses) within the C-
G zone may be disturbing to future or existing neighbors; however each development will be
required to comply with the approval requirements of the MCC.
22. It is found that the proposed uses will be adequately served by all essential
public services and facilities.
23. It is found that the requested uses will not create excessive additional
requirements at public costs for public facilities and services. Additionally, it is found that the
proposed rezone would not be detrimental to the economic welfare of the community.
24. It is found the C-G zoning designation ofthe property does not inherently
allow uses that will generate activities, processes, materials, equipment, and conditions that are
detrimental to the general welfare of the community.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .8 ACRES FROM L~O TO C-G
BY FARMERS & MERCHANTS STATE BANK I (RZ-02-00S) - 8
25. It is found that the proposed C-G zoning will not interfere with general traffic
patterns on any public streets. The lot does not have direct lot access to Fairview Avenue,
however, a shared access to Fairview Avenue (to the west of the subject property) has been
approved of by ACHD as part of an earlier development proposal.
26. It is not found that any natural or scenic feature will be lost, damaged or
destroyed by approval of this rezone.
27. It is found that the zoning amendment would be in the best interest of the City
by allowing a property owner to make improvements to the property that would otherwise not be
allowed without the zoning amendment.
CONCLUSIONS OF LAW
1.
The Council may take judicial notice of government ordinances, and
policies, and of actual conditions existing within the City and State.
2. The City of Meridian has exercised its authority and responsibility as
provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho
Code by the adoption of Amended Comprehensive Plan City of Meridian adopted August 6,
2002, Resolution No. 02-382.
3. The requested zoning of General Retail and Service Commercial District, (C-G) is
defined in the Zoning Ordinance at 11-7 -2 K as follows:
fC-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 oftravel-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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .8 ACRES FROM L-O TO C~G
BY FARMERS & MERCHANTS STATE BANK/ (RZ-02-005) - 9
4. Idaho Code S 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 S 67-6511A provides:
Each governing board may, by ordinance adopted or amended in accordance with the
notice and hearing provisions provided under section 67-6509, Idaho Code, require or
permit as a condition of rezoning that an owner or developer make a written commitment
concerning the use or development ofthe 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 911-15-12 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. S 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 centerlines or street lines of streets, or the centerlines or right-of-way lines of
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .8 ACRES FROM L-O TO C-G
BY FARMERS & MERCHANTS STATE BANK/ (RZ-02-005)-1O
highways, such district boundaries shall be construed as being parallel 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.
8. S ll-15-110fthe 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
zomng.
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 facilities and services such
as highways, streets, police and fire protection, drainage structures, r~fuse
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;
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .8 ACRES FROM L-O TO C-G
BY FARMERS & MERCHANTS STATE BANK I (RZ-02-00S) - 11
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 ofthe City of Meridian.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINUS
OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN ADOPTED, the City
Council does hereby Order and this does Order:
1. The Applicant's request for rezone of approximately .8, which said legal includes
the adjacent right-of-way which is being rezoned also, with a total acreage of 1.39 acres, to
develop the subject property as commercial property under the proposed C-G zone, is granted,
subject to the terms and conditions of this Order hereinafter stated; and
2. The following special terms and conditions of use and development relate to this
application to-wit:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
Conditions of Approval
1. All signage in the proposed project shall be in accordance with the standards set forth in
Section 11-14 ofthe City of Meridian Zoning and Development Ordinance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .8 ACRES FROM L-O TO C-G
BY FARMERS & MERCHANTS STATE BANK I (RZ-02-00S) - 12
2. Provide off-street parking in accordance with the City of Meridian Ordinance 11-13 for
use of property.
3. All construction shall conform to the requirements ofthe Americans with Disabilities
Act.
4. Any assessments or re-assessments for sewer and water service for any new uses will be
determined during the Certificate of Occupancy process.
5. Development of the property shall be in conformance with the Meridian City Code.
B. Adopt the Recommendations of the ACHD as follows:
Site Specific Conditions of Approval
If the rezone is approved and the District receives a development proposal, the District
intends to provide site-specific requirements that apply upon review offuture
development. The Findings for Consideration cover a portion of the District policies that
will pertain to any development proposal for this site.
1. Construct a 5-foot wide detached concrete sidewalk on Fairview Avenue located 2-feet
within the right-of-way. Coordinate the location and elevation ofthe sidewalk with
District staff. lfthe sidewalk meanders outside of the right-of-way, provide an easement
for the sidewalk. The District will require a license agreement for the landscape strip with
the detached sidewalk. Please contact the Right-of-Way Division at 387-3271 for
guidelines.
2. Construct a 5-foot wide detached concrete sidewalk on Hickory Way that ties into the
existing sidewalk on Hickory Way. Coordinate the location and elevation of the sidewalk
with District staff. lfthe sidewalk meanders outside of the right-of-way, provide an
easement for the sidewalk. The District will require a license agreement for the landscape
strip with the detached sidewalk. Please contact the Right-of-Way Division at 387-3271
for guidelines.
3. Direct lot access to Fairview Avenue shall be restricted to this lot. A shared access with
Lot I, Block 1, Angel Park Subdivision located near the northwest property line and in
alignment with the existing driveway across Hickory Way is preferred.
4. As required by District policy, restrictions on the width, number and locations of
driveways, shall be placed on future development of this parcel
5. Comply with all Standard Conditions of Approval.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROY AL OF
REZONING OF .8 ACRES FROM L-O TO C-G
BY FARMERS & MERCHANTS STATE BANK / (RZ-02-005) - 13
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
3. Replace any existing damaged curb and gutter and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280
for details.
4. Utility street 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.
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 ofIdaho 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 #195, 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. 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 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .8 ACRES FROM L-O TO C-G
BY FARMERS & MERCHANTS STATE BANK/ (RZ-02-005) -14
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 ofthe property which is the subject ofthis
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.
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 (C-G) General Retail and Service Commercial District (Meridian
City Code S 11~7-2 K) which ordinance shall be considered for passage.
4. Subsequent to the passage of the Ordinance, provided for in Section 2 ofthis
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 S 11-21-1 in
accordance with the provisions of the rezoning ordinance.
NOTICE OF FINAL ACTION
Please take notice that this is a final action ofthe governing body of the City of
Meridian, pursuant to Idaho Code S 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 ofthis decision and order, seek ajudicial review
as provided by Chapter 52, Title 67, Idaho Code.
./It
By action of the City Council at its regular meeting held on C7d /l.u~ 14 :2003.
ROLL CALL
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .8 ACRES FROM L-O TO C-G
BY FARMERS & MERCHANTS STATE BANK I (RZ-02-005) -15
COUNCILMAN BIRD
COUNCILWOMAN deWEERD
COUNCILWOMAN McCANDLESS
COUNCILMAN NARY
MAYOR ROBERT CORRIE (TIE BREAKER)
DATED: (-/4-03
MOTION: ~
APPROVED:~
DISAPPROVED:
VOTED~
VOTED~
VOTED~
VOTED~
-
VOTED
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department
and the City Attorney.
BY:~~~ Q,..
City Clerk t/ (/
Dated: /-/ -f-tJ 3
Z:\ Work\M\Meridian\Meridian 15360M\Angel Park Development RZ02-Q05\FfsCls0rderREZ.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .8 ACRES FROM L-O TO C-G
BY FARMERS & MERCHANTS STATE BANK/ (RZ-02-005) -16
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