HomeMy WebLinkAboutHoly Nativity RZ 02-002
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR REZONE OF 1.52
ACRES FOR HOL Y NATIVITY
EPISCOPAL CHURCH FROM R-4
TO L-O, LOCATED AT 1021 W. 8TH
STREET, MERIDIAN, IDAHO
HOL Y NATIVITY EPISCOPAL
CHURCH,
Applicant.
C/C 10-01-02
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Case No: RZ-02-002
FINDINGS OF FACT AND
CONCLUSIONS OF LAW,
DECISION AND ORDER
GRANTING APPLICATION FOR
REZONE
The above entitled matter on the rezoning application of 1.52 acres having come
on for public hearing on October 1, 2002, at the hour of7:00 o'clock p.m., and Council having
received the report of Steve Siddoway of the Planning and Zoning Department, and Bruce
Freckleton of the Public Works Department, and Brad Hawkins-Clark of the Planning and
Zoning Department, and Janice Avera, 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
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 October I, 2002, before
FINDINGS OF FACT AND CONCLUSIONS OF LA W
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 1.52 ACRES FROM R-4 TO L-O
BY HOLY NATIVITY EPISCOPAL CHURCH / (RZ-02-002) - 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 October 1,2002, 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 Comprehensive Plan of the City of Meridian adopted December 21,
1993, Ordinance No. 629 C January 4, 1994, and maps and the ordinance Establishing the
Impact Area Boundary.
4. The property is approximately 1.52 acres in size. The property is located at
1021 W. 8th Street, Meridian, Idaho, and a copy of the 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 Episcopal Diocese ofIdaho.
6. The Applicant is Holy Nativity Episcopal Church of Meridian, Idaho.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 1.52 ACRES FROM R-4 TO L-O
BY HOLY NA TIVITY EPISCOPAL CHURCH / (RZ-02-002) - 2
7. The property is presently zoned as R-4, and contains an existing church
building.
8. The Applicant requests the property be rezoned to Limited
Office. (L-O).
9. The proposed site is bordered to the north by single-family residences
(Gregory Subdivision), to the south by multi-family residences, to the east by single-family
residences (Frost's Westside Subdivision), and to the west by single-family residences (Canna
Lilly Estates Subdivision).
10. The subject property is within city limits of the City of Meridian.
11. The entire parcel of the property is included within the Meridian Urban
Service Planning Area as defined in the Meridian Comprehensive Plan.
12. The Applicant proposes to develop the subject property in the following
manner: The Applicant seeks zoning consistent with the existing church development, and may
wish to sell the property to other users in the future.
13. The Applicant's requested rezoning of the subject real property as L-O is
consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates
the subject property as Public/Quasi-Public.
14. There are no significant or scenic features of major importance that affect
the consideration ofthis application.
15. In review of the application for rezone it is provided at Meridian
City Code S Il-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:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 1.52 ACRES FROM R-4 TO L-O
BY HOLY NATIVITY EPISCOPAL CHURCH / (RZ-02-002) - 3
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 ofa natural or
scenic feature of major importance; and
15.10 The proposed zoning will be in the best interest of the City of Meridian.
15.2 Staff and Agency recommendations and/or conditions provide as follows:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 1.52 ACRES FROM R-4 TO L-O
BY HOLY NATIVITY EPISCOPAL CHURCH / (RZ-02-002) - 4
Site-Specific ReQuirements
1. The site must be brought into compliance with all current ordinances as part of any
expansion, addition, or change in use on the property.
2. The Applicant shall have the option to either develop under a Planned Unit Development
or to subdivide the land.
3. The off-premise sign shall be grandfathered and will be allowed despite its non-
conformance to Meridian City Ordinance. At such time as the property's use changes
then the sign shall be removed if at that time it does not conform to Meridian City Code.
4. The Applicant shall be given a period of six (6) months to reduce the three current signs
to one.
Standard Conditions
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.
B. Adopt the Recommendations of the ACHD as follows:
If the rezone is approved and the District receives a development proposal, the District
intends to provide the following requirements, in addition to any additional requirements that
may apply upon District review offuture development, to the City of Meridian:
Site Specific Conditions of Approval
1. In accordance with District f,olicy, construct a 5 foot wide detached concrete sidewalk
(match improvements) on 8" Street abutting the undeveloped portion of the site located 2
feet within the right-of-way. Coordinate the location and elevation of 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. 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.
2. In accordance with District policy, replace unused curb cuts on 8th Street with concrete
sidewalk to match existing improvements.
3. In accordance with District policy, driveways located on collector or arterial roadways
with a speed limit of 30 are to align or offset a minimum of 125 feet from any existing or
proposed driveway.
4. In accordance with District policy, the Applicant shall be required to pave any driveway
its full width and at least 30 feet into the site beyond the edge of pavement of 8th Street
with 15 foot radii abutting the existing roadway edge.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 1.52 ACRES FROM R-4 TO L-O
BY HOLY NATIVITY EPISCOPAL CHURCH / (RZ-02-002) - 5
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, 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 year old are not allowed nnless 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 of Idaho shall prepare and certify all improvement plans.
6. The Applicant shall submit revised plans for staff approval, prior to issuance of building
permit (or other required permits), which incorporates any required design changes.
7. Construction, use, and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for
occupancy.
8. Payment of applicable road impact fees is required prior to building construction in
accordance with Ordinance #195, also known as Ada Connty Highway District Road
Impact Fee Ordinance.
9. It is the responsibility ofthe 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 mGUNE (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 of 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 1.52 ACRES FROM R-4 TO L-O
BY HOLY NATIVITY EPISCOPAL CHURCH / (RZ-02-002) - 6
16. It is found that the current Comprehensive Plan Land Use Map delineates the
property as "Public/Quasi-Public". Churches are a quasi-public use. The requested L-O zoning
is harmonious with the "Public/Quasi-Public" 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. The property is not intended for another rezone
in the future.
18. It is found that the existing church development is in accordance with the uses
permitted in the proposed L-O zone. Any other use would have to be considered nnder the
appropriate zoning review process.
19. The existing legal, non-conforming uses, such as the church and several multi-
family dwellings in the area, suggest that it may be appropriate to rezone the area to make those
uses legal, conforming uses. The proposed rezone would have such an effect on the church
property.
20. It is found that the existing church use is appropriate and harmonious with the
existing area and that it will not change the essential character of the general vicinity (as it has
been there for nearly 30 years). Any other uses, such as office or daycare, could be harmonious
with the existing and intended character of the same area, if constructed and operated
appropriately. Any application for a change in use will have to be weighed on the merits of the
specific application. Any change in use 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 1.52 ACRES FROM R-4 TO L-O
BY HOLY NATIVITY EPISCOPAL CHURCH / (RZ-02-002)-7
21. It is found that the re-zone to L-O should not be disturbing to existing or future
neighboring uses.
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 that any proposed L-O zoned property will not involve uses, activities,
processes, materials, equipment, and conditions that are detrimental to the general welfare of the
community.
25. It is found that the proposed use will not interfere with general traffic patterns on
any public streets. The street is already heavily traveled for access to the Meridian Middle
School.
26. 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 1.52 ACRES FROM R-4 TO L-O
BY HOLY NATIVITY EPISCOPAL CHURCH I (RZ-02-002) - 8
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 Limited Office District, (L-O) is defined in the Zoning
Ordinance at 11-7-2 G as follows:
(L-o) Limited Office District: The purpose of the L-O District is to permit the
establishment of groupings of professional, research, executive, administrative,
accounting, clerical, stenographic, public service and similar uses. Research uses shall
not involve heavy testing operations of any kind or product manufacturing of such a
nature to create noise, vibration or emissions of a nature offensive to the overall purpose
of this District. The L-O District is designed to act as a buffer between other more intense
nonresidential uses and high density residential uses, and is thus a transitional use.
Connection to the Municipal water and sewer system of the City is a requirement in this
District.
4. Idaho Code 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 1.52 ACRES FROM R-4 TO L-O
BY HOLY NATIVITY EPISCOPAL CHURCH I (RZ-02-002) - 9
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
nncertainty 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
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. 9 11-15-11 of 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 1.52 ACRES FROM R-4 TO L-O
BY HOLY NATIVITY EPISCOPAL CHURCH I (RZ-02-002) - 10
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
ofthe 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
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;
8.1 0 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 1.52 ACRES FROM R-4 TO L-O
BY HOLY NATIVITY EPISCOPAL CHURCH I (RZ-02-002) - 11
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN ADOPTED, the City
Council does hereby Order and this does Order:
1. The Applicant's request for rezone of approximately 1.52 acres for zoning
consistency with the existing church development, and for future selling ofthe property to other
users in the future, 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:
Site-Specific ReQuirements
I. The site must be brought into compliance with all current ordinances as part of any
expansion, addition, or change in use on the property.
2. The Applicant shall have the option to either develop under a Planned Unit Development
or to subdivide the land.
3. The off-premise sign shall be grandfathered and will be allowed despite its non-
conformance to Meridian City Ordinance. At such time as the property's use changes
then the sign shall be removed if at that time it does not conform to Meridian City Code.
4. The Applicant shall be given a period of six (6) months to reduce the three current signs
to one.
Standard Conditions
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 1.52 ACRES FROM R-4 TO L-O
BY HOLY NATIVITY EPISCOPAL CHURCH I (RZ-02-002) - 12
B. Adopt the Recommendations of the ACHD as follows:
If the rezone is approved and the District receives a development proposal, the District
intends to provide the following requirements, in addition to any additional requirements that
may apply upon District review of future development, to the City of Meridian:
Site Specific Conditions of Approval
1. In accordance with District policy, construct a 5 foot wide detached concrete sidewalk
(match improvements) on 8th Street abutting the undeveloped portion of the site located 2
feet within the right-of-way. 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.
2. In accordance with District policy, replace unused curb cuts on 8th Street with concrete
sidewalk to match existing improvements.
3. In accordance with District policy, driveways located on collector or arterial roadways
with a speed limit 000 are to align or offset a minimum of 125 feet from any existing or
proposed driveway.
4. In accordance with District policy, the Applicant shall be required to pave any driveway
its full width and at least 30 feet into the site beyond the edge of pavement of 8th Street
with 15 foot radii abutting the existing roadway edge.
5. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
I. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
3. Replace any existing damaged curb, gutter, and sidewalk and any that may be damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five year 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 1.52 ACRES FROM R-4 TO L-O
BY HOLY NATIVITY EPISCOPAL CHURCH I (RZ-02-002) - 13
occupancy.
8. Payment of applicable road impact fees is 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 (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 of 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.
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 (L-O) Limited Office District (Meridian City Code 911-7-2 G)
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 9 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 1.52 ACRES FROM R-4 TO L-O
BY HOLY NATIVITY EPISCOPAL CHURCH I (RZ-02-002) - 14
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 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 alo6tv
,2002.
ROLL CALL
COUNCILMAN BIRD
VOTED~
COUNCILWOMAN deWEERD
VOTED~
COUNCILWOMAN McCANDLESS
VOTED~
COUNCILMAN NARY
VOTED~
-
MAYOR ROBERT CORRIE (TIE BREAKER)
DATED: (0-/5-02-
MOTION: ~ --7
APPROVE~ DISAPPROVED:
VOTED
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department
and the ~'~~to~ey.
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Dated:
Z:\Work\M\Meridian\Meridian I 5360M\Holy Nativity Episcopal Church RZ-02.002\FfsCtsOrderREZ.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 1.52 ACRES FROM R-4 TO L-O
BY HOLY NATIVITY EPISCOPAL CHURCH I (RZ-02-002) - 15