HomeMy WebLinkAboutMeridian Head Start RZ-02-006
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR REZONE OF .85
ACRES FROM I-L TO O-T ZONE
FOR MERIDIAN HEAD START,
LOCATED AT 321 AND 333 WEST
BROADWAY AVENUE,
MERIDIAN, IDAHO
FRIENDS OF CHILDREN, INC.,
APPLICANT
CIC 01-14-03
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Case No: RZ-02-006
FINDINGS OF FACT AND
CONCLUSIONS OF LAW,
DECISION AND ORDER
GRANTING APPLICATION FOR
REZONE
The above entitled matter on the rezoning application of .85 acres having come on
for public hearing on January 14, 2003, at the hour of 7:00 olclock 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 Lewis Landry, appeared and testified, and no one
appeared in opposition, and the Council having received the record of this matter made before
the Planning and Zoning Commission~ and having received their Recommendation to the City
Council, and the City Council having duly considered the evidence and the record in this matter
therefore makes the following Findings of Fact and Conclusions of Law, Decision "and Order:
FINDINGS OF FACT
1. The notice of public hearing on the application for rezoning was published
for two (2) consecutive weeks prior to said public hearing scheduled for January 14, 2003~ before
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .85 ACRES FROM I-L TO O-T
FOR MERIDIAN HEAD START I (RZ-02~006) - 1
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 January 14~ 2003, public hearing; and the
applicant~ affected property owners, and government subdivisions providing services within the
planning jurisdiction of the City ofMeridian~ 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 of the City of Meridian adopted
August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact
Area Boundary.
4. The property is approximately .85 acres in size. The property is located at
321 and 333 West Broadway Avenue, Meridian, Idaho, and a copy of the legal desqi.ption is on
file at the City Clerk's office, Meridian City Hall, 33 East Idaho, Meridian~ Idaho.
5. The owners of record ofthe subject property are Lois Marrs, 771 N.W.
15th, Meridian~ Idaho 83642 and Jeanette Shaffer, 2610 Polk Street, Caldwell, Idaho 83605.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .85 ACRES FROM I-L TO O-T
FOR MERIDIAN HEAD START / (RZ-02-006) - 2
6. The Applicant is Friends of Children and Families, Inc., 4709 W. Camas,
Boise, Idaho 83705.
7. The property is presently zoned as I-L (Light Industrial), and consists of
residential property.
8. The Applicant requests the property be rezoned as Old Town (0- T).
9. The proposed site is bordered to the north, east, and west by residential
property and to the south by railroad right-of-way.
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: Construct a two-classroom Head Start Center serving young children and their families
and also, a 400 sq. ft. community meeting room.
13. The Applicant requested rezoning of the subj ect real property as 0- T
which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which
designates the subject property as Old Town.
14. There are no significant or scenic features ofmajor importance that affect
the consideration of this application.
15. The City Council recognizes the concerns of James Cain expressed in his
letter dated November 15, 2002. The Council also recognizes the letters of support from Patty
Miles dated November 20, 2002; Marianne Watson dated December 4,2002; Kara Kerbs dated
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .85 ACRES FROM I~L TO O-T
FOR MERIDIAN HEAD START I (RZ-02-006) - 3
December 2~ 2002; Molly Struckman dated December 1,2002; Jan Cox dated December 2,2002;
Craig and Dawn Downum dated December 3, 2002.
16. 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:
16.1 The new zoning will be harmonious with and in accordance with the
Comprehensive Plan;
16.2 The area included in the zoning amendment is not intended to be rezoned
in the future;
16.3 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, subj ect to the conditions of the
conditional use process;
16.4 The proposed use will not be hazardous or disturbing to existing or future
neighboring uses, subject to the conditions of the conditional use process;
16.5 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;
16.6 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;
16.7 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;
16.8 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;
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .85 ACRES FROM I-L TO O-T
FOR MERIDIAN HEAD START I (RZ-02-006) - 4
16.9 The use will not result in the destruction, loss or damage of a natural or
scenic feature of major importance; and
16.10 The proposed zoning will be in the best interest of the City of Meridian.
16.2 Staff and Agency recommendations and/or conditions provide as follows:
A. Adopt the Recommendations of ACHD as follows:
Site Specific Conditions of Approval
1. In accordance with District policy, the applicant shall be required to
improve the unopened right-of-way of 4th Street.
Construct curb, gutter, 5-foot wide concrete sidewalk and match paving on
the unopened right-of-way abutting the parcel. Improvements shall be
constructed to one-half of a 40-foot street section.
OR
In accordance with District policy, the applicant shall vacate the unopened right-
of-way.
The applicant shall submit an application to vacate the unopened right-of-way
abutting the site at the west property line running the entire length ofthe site. The
applicant intends to vacate the right-of-way to incorporate that property in the site.
If the property is appraised at a value less than $2,500, the applicant will not
have to purchase the right-of-way.
2. Construct curb, gutter, 5-foot wide detached concrete sidewalk and match
paving on Broadway Avenue abutting the parcel as proposed on the site
plan. 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. An agreement must be
approved prior to scheduling the final plat for signature. Please contact
the Right -of-Way Division at 387-3271 for guidelines.
3. Construct the service driveway # 1 on Broadway Street located 15-feet
east of the west property line. This location does not meet District policy
for offsets from an intersection, but shall be approved by Commission
action with a modification of policy.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .85 ACRES FROM I-L TO O-T
FOR MERIDIAN HEAD START I (RZ-02-006) - 5
4. Construct driveway # 2 on Broadway Street located 110-feet east of the
west property line as proposed on the site plan. This location meets
District policy and is approved with this application.
5. Replace any unused curb cut on Broadway Avenue with standard curb,
gutter and 5-foot wide detached concrete sidewalk to match proposed
improvements.
6. Pave the driveways to their full-required width and to a point 30-feet
beyond the edge of pavement of Broadway Avenue.
7. 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, 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 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 ofthe 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 .85 ACRES FROM I-L TO O-T
FOR MERIDIAN HEAD START I (RZ-02-006) - 6
8. Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance # 19 5 ~ 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 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 ofthe subject property unless a
waiverlvariance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
B. Adopt the Recommendations of the Meridian Fire Department as follows:
1. A daycare center is required to pass a fire inspection as outlined by the
State Marshall's Office.
2. Meet the requirements of the 1997 Uniform Fire Code & applicable Building Codes.
17. It is found that the adopted Comprehensive Plan's Future Land Use Map
delineates the property as "Old Town". Therefore, the requested 0- T zoning designation is
harmonious with and in accordance with the overall goals and policies of the Comprehensive
Plan.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF AFPROV AL OF
REZONING OF .85 ACRES FROM I-L TO O-T
FOR MERIDIAN HEAD START I (RZ-02-006) - 7
18. 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.
19. It is found that the Applicant has submitted detailed development plans for the
properties at 321 and 333 West Broadway, and that the proposed preschool/quasi-public use will
be developed in a manner that would be allowed under the requested 0- T zoning designation.
20. The recent adoption of the Comprehensive Plan changed the land use designation
of the property from "Existing Urban" to "Old Town" on the City's Future Land Use Map.
21. It is found that all development on the subject property will be required to comply
with the MCC by obtaining a Conditional Use Permit and that the future development of the land
will be in harmony with the existing and intended character of the area.
22. It is found that the re-zone to 0- T should not be disturbing to existing or future
neighboring uses. Specific uses allowed (either permitted uses or conditional uses) within the 0-
T zone may be disturbing to future or existing neighbors; however it is not anticipated that the
proposed development will be hazardous or disturbing to the existing or future neighboring uses.
23. It is found that the proposed uses will be adequately served by all essential public
services and facilities.
24. 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 prl?posed
rezone would not be detrimental to the economic welfare of the community.
25. It is found the O-T zoning designation of the property does not inherently allow
uses that will generate activities, processes~ materials~ equipment, and conditions that are
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .85 ACRES FROM I-L TO O-T
FOR MERIDIAN HEAD START I (RZ-02-006) - 8
detrimental to the general welfare of the community.
26. It is found that the proposed O-T zoning will not interfere with general traffic
patterns on any public streets. The property to be rezoned will be required to comply with Ada
County Highway District requirements concerning traffic on the surrounding public streets.
27. It is not found that any natural or scenic feature will be lost, damaged or destroyed
by approval of this rezone.
28. 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 re-zoning the subject property.
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 Old Town, (O-T) is defined in the Zoning Ordinance at
11-7-2 L as follows:
(O-T) Old Towll District: The purpose of the OT District is to accommoda~e and
encourage further expansion of the historical core of the community; to delineate a
centralized activity center and to encourage its renewal, revitalization and growth as the
public, quasi-public, cultural, financial and recreational center of the City. A variety of
these uses integrated with general business, medium-high to high density residential~ and
other related uses in encouraged in an effort to provide the appropriate mix of activities
necessary to establish a truly urban City center. The District shall be served by the
Municipal water and sewer systems ofthe City. Development in this District must give
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .85 ACRES FROM I-L TO O-T
FOR MERIDIAN HEAD START I (RZ-02-006) ~ 9
attention to the handling of high volumes of traffic, adequate parking~ and pedestrian
movement, and to provide strip commercial development, and must be approved as a
conditional use, unless otherwise permitted.
4. Idaho Code 9 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 9 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. 9 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;
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .85 ACRES FROM I-L TO O-T
FOR MERIDIAN HEAD START / (RZ-02-006) - 10
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
highways, such district boundaries shall be construed as being parallel thereto and
at such distance therefrom as indicated on the Official Zoning Map. lfno distance
is given, such dimensions shall be determined by the use ofthe 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 11-15-110fthe 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
zOllIng.
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, refuse
disposal, water, sewer or that the person responsible for the establishment of
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .85 ACRES FROM I-L TO O-T
FOR MERIDIAN HEAD START / (RZ-02-006) - 11
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 CONCLUSlONS 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 .85 acres to construct a two-
classroom Head Start Center serving young children and their families and also, a 400 sq. ft.
community meeting room under the proposed 0- T 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 ACHD as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .85 ACRES FROM I-L TO O-T
FOR MERIDIAN HEAD START / (RZ-02-006) - 12
Site Specific Conditions of Approval
1. In accordance with District policy, the applicant shall be required to
improve the unopened right-of-way of 4th Street.
Construct curb, gutter, 5- foot wide concrete sidewalk and match paving on
the unopened right-of-way abutting the parcel. Improvements shall be
constructed to one-half of a 40-foot street section.
OR
In accordance with District policy, the applicant shall vacate the unopened right-
of-way.
The applicant shall submit an application to vacate the unopened right-of-way
abutting the site at the west property line running the entire length ofthe site. The
applicant intends to vacate the right-of-way to incorporate that property in the site.
lfthe property is appraised at a value less than $2,500, the applicant will not
have to purchase the right-af-way.
2. Construct curb, gutter, 5-foot wide detached concrete sidewalk and match
paving on Broadway Avenue abutting the parcel as proposed on the site
plan. Coordinate the location and elevation of the 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. An agreement must be
approved prior to scheduling the final plat for signature. Please contact
the Right-of-Way Division at 387-3271 for guidelines.
3. Construct the service driveway # 1 on Broadway Street located I5-feet
east of the west property line. This location does not meet District policy
for offsets from an intersection, but shall be approved by Commission
action with a modification of policy.
4. Construct driveway # 2 on Broadway Street located 1 IO-feet east of the
west property line as proposed on the site plan. This location meets "
District policy and is approved with this application.
5. Replace any unused curb cut on Broadway Avenue with standard curb,
gutter and 5-foot wide detached concrete sidewalk to match proposed
improvements.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .85 ACRES FROM I-L TO O-T
FOR MERIDIAN HEAD START / (RZ-02-006) - 13
6. Pave the driveways to their full-required width and to a point 30-feet
beyond the edge of pavement of Broadway A venue.
7. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
L Any existing irrigation facilities shall be relocated outside ofthe 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 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, lSPWC 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. The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DlGLINE (1-
800-342-1585) at least two full business days prior to breaking ground within
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .85 ACRES FROM I-L TO 0- T
FOR MERIDIAN HEAD START I (RZ-02-006) - 14
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 ofthe 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.
B. Adopt the Recommendations of the Meridian Fire Department as follows:
1. A daycare center is required to pass a fire inspection as outlined by the
State Marshall's Office.
2. Meet the requirements ofthe 1997 Uniform Fire Code & applicable Building Codes.
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 (O-T) Old Town (Meridian City Code S 11-7-2 L) 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 S 11-21-1 in
accordance with the provisions of the rezoning ordinance.
NOTICE OF FINAL ACTION
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .85 ACRES FROM I-L TO O-T
FOR MERIDIAN HEAD START / (RZ-02-006) -15
Please take notice that this is a final action of the governing body ofthe 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 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 0ld,uta1 Z!3 ,2003.
ROLL CALL
COUNCILMAN BIRD
VOTED /J1;~
COUNCILWOMAN deWEERD
VOTED~
COUNCIL WOMAN McCANDLESS
VOTED tjot-
d
VOTED$
COUNCILMAN NARY
-
MAYOR ROBERT CORRIE (TIE BREAKER)
. <? a
DATED: l-vv-03
VOTED
MOTION:
APPROVED:
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department
and the City Attorney.
ByJldd~~ ;J~,p~
City Clerk
Dated: /-Z-/3/0 3
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .85 ACRES FROM I-L TO O-T
FOR MERIDIAN HEAD START / (RZ-02-006) - 16