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Order Granting Appeal Aug 2002WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. KEVM E. DMNS PFlILIP A. PETERSON JULIE RLEIN FISCHkR ERICA S. PHILLIPS W'M. F. OIGRAI', III ERIC S. RDS$MAN T. GU1'HALLAM" TDODA. ROSSMAN D. $AXNEL JOHNSON DAVID M.SWARTLEY WILLIAM.4. MORROW PAMLLA J. TARLOW WILLIAM F. NICHOLS'^ TERRENCE R. WHITE"" CHRISTOPHER $. NVE NICHOLAS L. WDLLBV 'Also admitted in OR "'Also admitted in W'A William G. Berg, Jr. Meridian City Hall 33 East Idaho Meridian, Idaho 83642 ATTORNEYS AT LA W 830 N. MAIN STREET, SuITe 200 POST OFFICE BOX 11$6 MERIDIAN, IDAHO 83680-1150 rLL (208)288-2499 Fax (208)288-2507 August 23, 2002 Re: WALT MORROW APPEAL - (AP-Ol-00) Dear Will: NAlvIPA OFFICE 5700 E. FRANI:LIN RD., SDlre 200 NAMPA, IDAHO 836538402 TEL (208) 466-9272 PAR (208)466-4405 PLEASE REPLY TO MERIDIAN OFFICE .~ECEIVE~ CITY OF MERIDIgN CITY CLERK OFFI(`r= Regarding the above referenced matter, please find enclosed the revised original of the ORDER GRANTING APPEAL, OVERRULING PLANNING AND ZONING ADMINISTRATOR'S DENIAL OF APPLICATION, which revisions were made pursuant to Council's action at their August 20, 2002 meeting, and which should be set for their upcoming meeting to be held on September 3, 2002, upon the Consent Agenda. If approved, please serve a certified copy of the ORDER upon the Applicant, Planning and Zoning, Public Works Department, and the City Attorney. If you have any questions please so advise. Ve trul~ ~. Marlene St. George Legal Assistant Wm. F. Nichols Enclosure Z:\Work\M\,Meridian`.Meridian I$360M\MolroW Walt APOI-00 Stop Work Order\ClerkOrderAppea102401MemoLdoc BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C8/21/Ol C/C 9/04/01 GC 9/18/01 C/C 10/02/01 C/C 11/07/01 C/C 12/04/01 C/C 2/05/02 C/C 3/19/02 C/C 4/23/02 C/C 07/23/02 C/C 8/06/02 C/C 8/20/02 IN THE MATTER OF THE APPEAL OF THE PLANNING AND ZONING ADMINISTRATOR' S DENIAL OF APPLICATION FOR A STOP WORK ORDER FOR 2340 WEST FRANKLIN BY: WALT MORROW CASE NO. AP-O1-00 ORDER GRANTING APPEAL, OVERRULING PLANNING AND ZONING ADMINISTRATOR'S DENIAL OF APPLICATION This matter coming before the City Council on August 21, 2001, and tabled until September 4, 2001, September 18, 2001, October 2, 2001, July 23, 2002, August 6, 2002 and August 20, 2002, at the hour of 6:30 o'clock p.m., at the Meridian City Hall, 33 East Idaho, Meridian, Idaho, upon the appeal of Walt Morrow, and the Council having received the Appeal Application Form, and the record in this matter, and having heard the arguments and presentation of Shari Stiles, Planning and Zoning Administrator and Daunt Whitman, City Building Official, and the Applicant, Walt Morrow, and being fully advised in the premises issues the following Findings of Fact and Conclusions of Law and Decision and Order: ORDER GRANTING APPEAL, OVERRULING PLANNING AND ZONING ADMINISTRATOR'S DENIAL OF APPLICATION -- 1 FINDINGS OF FACT Walt Morrow submitted for approval, to the Building Department, two sets of plans and specifications for an accessory building to an existing land use at 2340 W. Franklin Road within an I-L zone, and Daunt Whitman of the Building Department approved the plans and specifications as a residential accessory building. 2. The Planning and Zoning Administrator's office placed a stop work order upon the accessory building to an existing land use located at 2340 W. Franklin Road upon the basis the Administrator determined that this building permit request did not meet the criteria for an accessory building, and, issued concerns in an a-mail on October 4, 2000, on the project to Daunt Whitman, in which the Administrator listed problems in the permit request for an accessory building to an existing land use, and which items are addressed in the February 2, 2001 letter to Mr. Walt Morrow from Gary Smith, Public Works Director, which included his opinion that the building needed to be processed as a request for a Conditional Use Permit, with the following additional concerns: a. Annexation requirements for the property have not been met, including making provisions for how the property will be served with sewer and water and design review of all buildings. b. The submitted building plans show expansion of anon-conforming use regarding landscaping, paving, land use, etc. c. Neededright-of--way dedication (sale) to ACHD for future widening of Franklin Road will place this building location within the setback area as set forth by City Ordinance. d. Water supply is not available to meet Uniform Fire Code requirements. e. ACHD impact fees need to be paid. 3. The comments of Joseph Silva, Deputy Fire Chief, Fire Prevention, were reviewed by the Council and the following conditions are required: Project Summary: Proposed Use: Storage Building Building size: 8,750 square feet Occupancy classification: S-2 (as determined by the Building Department) Type of Construction: Type III-N Storage: Equipment & Livestock/Maternity Area Public Water Suunly Required When Available: 1. The Owner acknowledges that City water is not currently available to the property, and that the water flow available from the Owner's well is insufficient to meet the requirements of the Uniform Fire Code. The Owner assumes the risk that may result from completion of construction of the building, and any subsequent fire which may occur without ORDER GRANTING APPEAL, OVERRULING PLANNING AND ZONING ADMINISTRATOR'S DENIAL OF APPLICATION -- 2 adequate fire protection. The water supply required by Appendix III-A of the 1997 Uniform Fire Code given building size of 8,750 and construction type of III-N would be 2,000 GPM fora 2-hour duration at a minimum residual pressure of 20psi. Two fire hydrants are required to deliver this flow and are typically spaced on 450' centers. The closest fire hydrant is usually 250' from the driveway or point on the street. When a water main is available to the W. Franklin Road frontage of Mr. Morrow's property, he will be required to connect to City water, and install two hydrants (at his cost). Other Miscellaneous Requirements: 1. Ensure that the address for this building is prominently posted and visible from, and face towards, W. Franklin. 2. The address numerals shall be at least 6" tall and their color shall contrast distinctly with their background. Fire Extinguishers: 1. Portable fire extinguishers shall be installed in occupancies and locations as set forth in this code and as required by the Chie£ UFC 1002.1 Fire extinguishers shall be of the 2A l OBC size and have the top of the extinguisher hung 3' to 5' off the floor. The fire extinguishers locations shall be by each front door, the travel distance shall not exceed 75' to a fire extinguisher. General Reauirements: 1. Storage shall not exceed 12' in height. UFC Section 209 2. Ceiling clearance shall be maintained at no less than 2' in unsprinkled buildings. UFC 1103.3.2.2. Additionally, any overlooked hazardous condition and/or violation of the Uniform Building and Fire Code does not imply approval of such condition or violation. If at some point the building, which is located within an I-L zone, is to be used commercially, then at that point a permit for tenant improvements shall be obtained and the process of a certificate of zoning compliance and the entire process for commercial application review shall be followed, including all fire codes for commercial zones shall be met. 5. Walt Morrow timely filed an appeal of the Administrator's determination and decision for hearing before the City Council. 6. The accessory building would occupy an existing land use. ORDER GRANTING APPEAL, OVERRULING PLANNING AND ZONING ADMINISTRATOR'S DENIAL OF APPLICATION -- 3 CONCLUSIONS OF LAW The City ordinances provide at Meridian City Code Section 11-3-4 for an appeal, hearing and review by the City Council of an order, requirement, decision, interpretation or determination by the Planning and Zoning Administrator. Good reasons exist for overruling the Administrator's decision. DECISION AND ORDER GRANTING APPEAL, OVERRULING PLANNING AND ZONING ADMINISTRATOR'S DENIAL OF A STOP WORK ORDER AT 2340 W. FRANKLIN ROAD OF WALT MORROW Based upon the above and foregoing Findings of Fact and Conclusions of Law IT IS HEREBY ORDERED AND THIS DOES ORDER THAT: The decision of the Planning and Zoning Administrator on the stop work order for the accessory building by Walt Morrow is hereby overruled, and the Applicant, Walt Morrow, is hereby allowed to continue the building construction at the accessory building located next to his residence located at 2340 West Franklin Road, Meridian, Idaho, if the conditions 2, 3 and 4, below, are met. The building shall only be used for storage and a loafing area for cattle. Any expansion of the use of this building for anything other than what is allowed under the current I-L zoning is prohibited, unless appropriate application is made to, and approved by, the City. 3. The following fire protection conditions must be met: Project Summary: Proposed Use: Storage Building Building size: 8,750 square feet Occupancy classification: S-2 (as determined by the Building Department) Type of Construction: Type III-N Storage: Equipment & Livestock/Maternity Area Public Water Supply Required When Available: The Owner acknowledges that City water is not currently available to the property, and that the water flow available from the Owner's well is insufficient to meet the requirements of the Uniform Fire Code. The Owner assumes the risk that may result from completion of construction of the building, and any subsequent fire which may occur without adequate fire protection. The water supply required by Appendix III-A of the 1997 Uniform Fire Code given building size of 8,750 and construction type of III-N would be 2,000 GPM fora 2-hour ORDER GRANTING APPEAL, OVERRULING PLANNING AND ZONING ADMINISTRATOR' S DENIAL OF APPLICATION -- 4 duration at a minimum residual pressure of 20psi. Two fire hydrants are required to deliver this flow and are typically spaced on 450' centers. The closest fire hydrant is usually 250' from the driveway or point on the street. When a water main is available to the W. Franklin Road frontage of Mr. Morrow's property, he will be required to connect to City water, and install two hydrants (at his cost). Other Miscellaneous Requirements: a. Ensure that the address for this building is prominently posted and visible from, and face towards, W. Franklin. b. The address numerals shall be at least 6" tall and their color shall contrast distinctly with their background. Fire ExtinEUishers: Portable fire extinguishers shall be installed in occupancies and locations as set forth in this code and as required by the Chief. UFC 1002.1 Fire extinguishers shall be of the 2A lOBC size and have the top of the extinguisher hung 3' to 5' off the floor. The fire extinguishers locations shall be by each front door, the travel distance shall not exceed 75' to a fire extinguisher. General Reauirements: a. Storage shall not exceed 12' in height. UFC Section 209 b. Ceiling clearance shall be maintained at no less than 2' in unsprinkled buildings. UFC 1103.3.2.2. Additionally, any overlooked hazardous condition and/or violation of the Uniform Building and Fire Code does not imply approval of such condition or violation. 4. if at some point the building, which is located within an I-L zone, is to be used commercially, then at that point a permit for tenant improvements shall be obtained and the process of a certificate of zoning compliance and the entire process for commercial application review shall be followed, including all fire codes for commercial zones be met. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the denial of the appeal may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. ORDER GRANTING APPEAL, OVERRULING PLANNING AND ZONING ADMINISTRATOR'S DENIAL OF APPLICATION -- 5 By action of the City Council at its regular meeting held on the 2002. ROLL CALL: Councilman Bird Voted Councilwoman deWeerd Voted Councilwoman McCandless Voted Councilman Nary Voted Mayor Robert D. Corrie (Tie Breaker) Voted DATED: MOTION: APPROVED: DISAPPROVED: day of Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. BY: DATED: CITY CLERK Zi~Wotk\M\Meridian\Meridian 16360M\Morrow Walt APOI-00 Stop Work OtderWppeal Order.doc ORDER GRANTING APPEAL, OVERRULING PLANNING AND ZONING ADMINISTRATOR' S DENIAL OF APPLICATION -- 6 Meritlian City Council Meeting August 20, 2002 Page 4 of 41 McCandless: I move that we award the contract for Meridian High School Main Line Project to Star Construction in the amount of $18,972, authorize the Mayor to sign and the Clerk to attest. Nary: Second. Cowie: Okay. Motion has been made and seconded to have Star Construction for $18,972 award of the bid. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Smith: Thank you, Mayor and thank you -- Item 5: (Items Moved from Consent Agenda) E. Tabled from August 6, 2002: Order Granting Appeal: AP 01- 002 Stop Work Order at 2340 West Franklin Road by Walt Morrow: Cowie: Thank you, Gary. Item No. 5 has been moved from the Consent Agenda, Item E, which is the Stop Work Order at 2340 West Franklin Road by Walt Morrow. Council, you got a letter of memorandum from the attorney in reference to the specific issues raised. Paragraph two on page four of the order, the building shall only be used for storage and loafing area for cattle and any expansion or use of this building will require a Conditional Use Permit. Mr. Morrow requested that paragraph two should read: This building can only be used for storage and a loafing area for cattle -- and you have two other alternatives there, so I will -- discussion, Council? Walt, are we doing that -- is that what --okay. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: The computer is smarter than me. I knocked my computer down, so I can't read the letters, but the way that the motion and everything read is what is on page four, paragraph two, when we appealed that it should read: The building should be only used for storage and loafing area for cattle. Any expansion or use of this building for anything other than what is allowed under our current I-L zoning is prohibited, unless appropriate application is made to and approved by the city. That instead of having the way it was -- the way it did read was the building shall only be used for storage and loafing areas of cattle. Any expansion of the use of this building will require a Conditional Use Permit. Meridian City Council Meeting August 20, 2002 Page 5 of 41 And that's not -- that's not what the appeal or minutes say, so I would state that in the findings that paragraph that I read first would be inserted at page four, paragraph two. De Weerd: Was that a motion? Bird: That's a motion. De Weerd: Second. Cowie: Okay. Motion has been made and seconded. Is there any further discussion? Okay. Roll-call vote, Mr. Berg. Roll-call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Cowie: Okay. All ayes. MOTION CARRIED: ALL AYES. Item 6: Ordinance No. RZ 00-010 Request to rezone 8.88 acres from an R-4 zone to an L-O zone for proposed St. Alphonsus Regional Medical Center Ambulatory Care Center by BRS Architects - southeast corner of Cherry Lane and Ten Mile Road: Cowie: All right. Well, we got it done now, so -- Item Number 6. Ordinance -- number, please. 02-970. This is a request to rezone 8.88 acres from an R-4 zone to an L-O zone for proposed St. Alphonsus Medical Center and Ambulatory Care Center. So at this time I would like to have the City Clerk read Ordinance No. 02-970 by title only. Berg: Thank you , Mr. Mayor, Members of the Council. Ordinance No. 02-970, an ordinance finding that St. Alphonsus Regional Medical Center is the owner of certain real property and has made a written request for rezone in the zoning classification for real property at the southeast corner of Ten Mile Road and Cherry Lane, Meridian, Idaho, that lies within the boundaries of the City of Meridian, from R-4, low density residential zoning district to L-O, Limited Office District, as defined under Meridian City Code 11-7-2(G), repealing all ordinances, resolutions, orders and parts thereof in conflict herewith, and directing the city engineer to add said rezoning designation to the official maps of the City of Meridian, Idaho. Cowie: Okay. You have heard the reading of Ordinance No. 02-970 by title only. Is there anyone who requests to have the ordinance read in its entirety? Hearing none, I will entertain a motion on Ordinance No. 02-970. De Weerd: Mr. Mayor? Cowie: Mrs. de Weerd.