HomeMy WebLinkAboutResolution Business Park RZ-00-013BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
06-09-00
IN THE MATTER OF THE
REQUEST FOR REZONE OF
APPROXIMATELY 37.64 ACRES
FOR PROPOSED RESOLUTION
BUSINESS PARI( LOCATED AT
THE SOUTHEAST CORNER OF
OVERLAND ROAD AND S.
LOCUST GROVE ROAD,
MERIDIAN, IDAHO
G.L. VOIGT DEVELOPMENT,
Applicant.
Case No: RZ-00-003
FINDINGS OF FACT AND
CONCLUSIONS OF LAW,
DECISION AND ORDER
GRANTING APPLICATION
FOR REZONE
The above entitled matter on the rezoning application of 37.64 acres
having come on for public hearing on June 6, 2000, at the hottr of 7:30 o'clock p.m.,
and Council having received the report of Shaft Stiles, Planning and Zoning
Administrator, and appearing and testifying on behalf of the Applicant was Becky
Bowcutt of Briggs Engineering, Inc., and those appearing with comments or concerns
were: Maridn Burtell, Ted Suthefland, Bruce Waite, Dave Sheppard, John Shipley,
Lacey White, Norma Gale, and Michelle Barton, 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L-O
BY: G.L.VOIGT DEVELOPMENT/(RZ-00-O03) - 1
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 weelcs prior to said public hearing scheduled for
June 6, 2000, before the City Council, the first publication appearing and w~itten
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 trader consideration more than one
week before said hearing; and that copies of all notices were made available to
newspaper, ~adio and television stations as public service announcements; and the
matter having been duly considered by the City Council at the June 6, 2000, public
hearing; and the applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction of the City of Meridian, having
been given full opportunity to express comments and submit evidence.
2. There has been compliance with all notice and hearing
requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City
Code §§ 11~15-5 and 11-16-1.
i 3. The City Council takes judicial notice of its zoning, subdivisions
and development ordinances codified at Meridian City Code Title 11 and Title 12,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L-O
BY: G.L.VOIGT DEVELOPMENT/(RZ-O0-O03) - 2
and all current zoning maps thereof, and the Compreher(sive Plan of the City of
Meridian adopted December 21, 1993, Ordinance No. 629 --January 4, 1994, and
maps and the ordinance Establishing the Impact Area Boundary.
4. The property is approximately 37.64 acres in size. The property
is generally located at the southeast corner of Overland Road and S. Locust Grove
Road, in Meridian, and is described as follows:
A parcel of land including a portion of Overland Road right-of-way lying in the NW
1/4 of Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County,
Idaho, more particularly described as follows:
Commencing at the North 1/4 comer of Section 20, T., 3N., R. 1E., B.M., the REAL
POINT OF BEGINNING of this description;
Thence S 00°24'16" W 849.15 feet along the east line of the NW 1/4 to a point;
Thence N 89°52'19'' W 1,821.54 feet parallel with the north line of the NW 1/4 to a
point on the centerline of the Hunter Lateral;
Thence N 05°29'17"W 20.43 feet along said centerline to a point;
Thence N 16°14'08" W 216.98 feet along said centerline to a point;
Thence N 18027'39'' W 470.81 feet along said centerline to a point;
Thence N 67°06'04" W 175.77 feet along said centerline to a point on the centerline
of Overland Road, which is also the north line of said NW 1/4;
Thence S 89°52'19'' E 2,060.97 feet along said north line to the REAL POINT OF
BEGINNING of this description;
Said parcel Of land contains 38.018 acres more or less.
' 5. The owner of record of the subject property is G.L. Voigt, of
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L-O
BY: G.L.VOIGT DEVELOPMENT/(RZ-00-003) - 3
Idaho Falls,; Idaho.
6.
7.
8.
9.
The Applicant is owner of record.
The property is presently zoned as R-4, and is agricultural land.
The Applicant requests the property be rezoned to Limited (L-O).
The proposed site is surrounded by an RV Park (C-G) to the
north, an LDS church and a subdivision (R-1 and R-4) to the south, a residential
subdivision (R-4) and (R-T) to the west and vacant land (R-T) to the east.
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 the Urban Service Planning Area is defined in the
Meridian Comprehensive Plan.
12. The Applicant proposes to develop the subject property in the
following manner: planned commercial development.
13. The Applicant's requested rezoning of the subiect real property as
L-O is consistent with the conunercial designation on the Meridian Comprehensive
Plan Generalized Land Use Map which designates the subject property as Mixed
Planned unit Development.
14. There are no significant or scenic features of major importance
that affect the consideration of this application.
15. The subject application for rezone and the proposed development
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64[ ACRES FROM R-4 TO L-O
BY: G.L.VOIGT DEVELOPMENT/(RZ-O0-O03) - 4
relates and is compatible to the goals and policies of the Comprehensive Plan of the
City as follows:
The goals and policies listed below most directly apply to the proposed
project:
Goals Section
Goal 3: To encourage the ldnd of economic growth and development which supplies
employment and economic self-sufficiency for existing and future residents, reduces
the present reliance on Boise and strengthens the City's ability to finance and
implement public improvements, services, and its open space character.
G0al 4: To provide housing opportunities for all economic groups within the
communityi
Goal 8: To establish compatible and efficient use of land through the use of
innovative and functional site design.
Economic Development Chapter
1.1
The City of Meridian shall make every effort to create a positive
atmosphere that encourages.., commercial enterprises to locate in
Meridian.
1.3
The character, site improvements and type of new commercial or
industrial developments should be harmonized with the natural
environment and respect the unique needs and features of each area.
Land Use Chapter
1.4U - Encourage new development which reinforces the City's present development
pattern of higher-density development within the Old Town area and lower-density
development in outlying areas.
1.8U - Promote the development of high-quality and environmentally compatible
residential areas that contain the necessary parks, schools and commercial facilities to
maintain and form identifiable neighborhoods.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L-O
BY: G.L.VOIGT DEVELOPMENT/(RZ-00-O03) - 5
2.1U - Support a variety of residential categories for the purpose of providing the
City with a ~range of affordable housing opportunities.
2.2U - SupPort strategies for the development of neighborhood parks within all
reSidential areas.
2.3U - Protect and maintain residential neighborhood property values, improve each
neighborhood's physical condition and enhance its quality of life for residents.
4.8U - Encourage commercial uses, offices, and medical-care uses to located in the
Old Town district, business parks, shopping centers and near high-intensity activity
areas, such as freeway interchanges.
6.8U - New urban density subdivisions which abut or are proximal to existing rural
residential land uses shall provide screening and transitional densities with larger,
more comparable lot sizes to buffer the interface between the urban level densities
and rural residential densities.
Transportation Chapter
1.4U - Monitor and coordinate the compatibility of the land use and transportation
system.
1.20U - Encourage proper design of residential neighborhoods to ensure their safety
and tranquility.
Open Spaces, Parks and Recreation
2.5U - New subdivision development.., will be considered as opportunities to...
encourage the development of recreational open spaces and parks as part of new
planned developments.
Housing Chapter
1.1 - The City of Meridian intends to provide for a wide diversity of housing types...
in a variety of locations suitable for residential development.
1.4 - The deve. lopment of housing for all income groups close to employment and
shopping centers should be encouraged.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L-O
BY: G.L.VOIGT DEVELOPMENT/(RZ-00-003) - 6
1.6 - Housing proposals shall be phased with transportation, open space and public
service and facility plans, which will maximize benefits to the residents, minimize
conflicts and provide a tie-in between new residential areas and service needs.
1.19 - High-density development, where possible, should be located near open space
corridors or other permanent major open space and park facilities, and near major
access thoroughfares.
Community Design Chapter
5.2 - Ensure that all new development enhances rather than detracts from the visual
quality of its surroundings, especially in areas of prominent visibility.
6.5U - Establish land-use designations that reflect the character of existing
neighborhoods.
6.11U - Promote well-planned and well-designed affordable housing in all Meridian
neighborhoods.
16. In review of the application for rezone it is provided at Meridian
City Code § 11-15-1 lfor 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 induded 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,
subject to the conditions of the conditional use process;
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L-O
BY: G.L.VOIGT DEVELOPMENT/(RZ-O0-003) - 7
16.4
16.5
16.6
16.7
16.8
16.9
16.10
The proposed use will not be hazardous or disturbing to existing
or future neighboring uses, subject to the conditions of the
conditional use process;
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;
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 commuuity;
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;
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;
The use will not result in the destruction, loss or dmnage of a
natural or scenic feature of major importance; and
The proposed zoning will be in the best interest of the City of
Meridian.
16.2' Staff conditions provide as follows:
: 16.2.1Any existing irrigation/drainage ditches crossing the property to
be included in this project shall be tiled per City Ordinance. The
ditches to be piped shall be shown on the site plans. Plans shall
be approved by the appropriate irrigation/drainage district, with
written confirmation of said approval submitted to the Public
Works Department. No variances have been requested for tiling
of any ditches crossing this project.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L-O
BY: G.L.VOIGT DEVELOPMENT/(RZ-00-O03) - $
16.2.2Any existing domestic wells and/or septic systems within this
project shall have to be removed from their domestic service per
City Ordinance. Wells may be used for non-domestic purposes
such as landscape irrigation.
16.2.3Off-street parldng shall be provided in accordance with City of
Meridian Zoning and Development Ordinance and/or as detailed
in site-specific, requirements.
16.2.4Paving and striping shall be in accordance with the standards set
forth in the City of Meridian Zoning and Development
Ordinance and in accordance with Americans with Disabilities
Act (ADA) requirements.
16.2.5A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer
for all off-street parldng areas. All site drainage shall be contained
and disposed of on-site.
16.2.6Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance
with City Ordinance Section.
16.2.7Ai1 signage shall be in accordance with the standards set forth in
the City of Meridian Zoning and Development Ordinance. No
temporary signage, flags, banners or flashing signs will be
permitted.
16.2.8Provide five-foot-wide sidewalks in accordance with City
Ordinance.
16.2.9Ai1 construction shall conform to the requirements of the
Americans with Disabilities Act.
16.2.10 A Development Agreement shall be required.
16.2.11 Applicant shall provide an internal vehicular access connection
through the apartment complex to Locust Grove Road.
17. The legal description of the property that is the subject of this
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L-O
BY: G.L.VOIGT DEVELOPMENT / (RZ-O0-O03) - 9
application for re-zone is as follows:
A parcel of land including a portion of Overland Road fight-of-way lying in the NW
1/4 of Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County,
Idaho, more particularly described as follows:
Commencing at the North 1/4 corner of Section 20, T., 3N., R. 1E., B.M., the REAL
POINT OF BEGINNING of this description;
Thence S 00024' 16" W 849.15 feet along the east line of the NW 1/4 to a point;
Thence N 89°52'19'' W 1,821.54 feet parallel with the north line of the NW 1/4 to a
point on the centerline of the Hunter Lateral;
Thence N 05°29'17'' W 20.43 feet along said centefline to a point;
Thence N 16014'08'' W 216.98 feet along said centefline to a point;
Thence N 18027'39'' W 470.81 feet along said centefline to a point;
Thence N 07006'04'' W 175.77 feet along said centefline to a point on the centerline
of Overland Road, which is also the north line of said NW 1/4;
Thence S 89°52'19'' E 2,060.97 feet along said north line to the REAL POINT OF
BEGINNING of this description;
Said parcel of land contains 38.018 acres more or less.
CONCLUSIONS OF LAW
1. : The Council may take judidal notice of government ordinances, and
policies, and of actual conditions existing within the City and State.
2. The City of Meridian has exerdsed its authority and responsibility as
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L-O
BY: G.L.VOIGT DEVELOPMENT/(RZ-00-O03) - 10
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 following are found to be pertinent provisions of the City of
Meridian Comprehensive Plan and are applicable to this Application:
The goals and policies listed below most directly apply to the proposed project:
Goals Section
Goal 3: To encourage the ldnd of economic growth and development which supplies
employment and economic self-sufficiency for existing and future residents, reduces
the present reliance on Boise and strengthens the City's ability to finance and
implement public improvements, services, and its open space character.
Goal 4: Toprovide housing opportunities for all economic groups within the
community:
Goal 8: To establish compatible and efficient use of land through the use of
innovative and functional site design.
Economic Development Chapter
1.1 The City of Meridian shall make every effort to create a positive atmosphere
that encourages.., commercial enterprises to locate in Meridian.
1.3 The daaracter, site improvements and type of new commercial or industrial
developments should be harmonized with the natural environment and respect
the unique needs and features of each area.
Land Use Chapter
1.4U - Encourage new development which reinforces the City's present development
pattern of higher-density development within the Old Town area and lower-density
development in outlying areas.
FINDINGS )F FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L-O
BY: G.L.VOIGT DEVELOPMENT/(RZ-00-003) - 11
1.8U - Promote the development of high-quality and environmentally compatible
residential fireas that contain the necessary parks, schools and commercial facilities to
maintain and form identifiable neighborhoods.
2.1U - Support a variety of residential categories for the purpose of providing the
City with a range of affordable housing opportunities.
2.2U - Support strategies for the development of neighborhood parlcs within all
residential areas.
2.3U - Protect and maintain residential neighborhood property values, improve each
neighborhood's physical condition and enhance its quality of life for residents.
4.8U - Encourage commercial uses, offices, and medical-care uses to located in the
Old Town district, business parlcs, shopping centers and near high-intensity activity
areas, such as freeway interchanges.
6.8U - New urban density subdivisions which abut or are proximal to existing rural
residential land uses shall provide screening and transitional densities with larger,
more comparable lot sizes to buffer the interface between the urban level densities
and rural residential densities.
Transportation Chapter
1.4U - Monitor and coordinate the compatibility of the land use and transportation
system.
1.20U - Encourage proper design of residential neighborhoods to ensure their safety
and tranquility.
Open Spaces, Parks and Recreation
2.5U - New subdivision development.., will be considered as opportunities to...
encourage the development of recrearional open spaces and parks as part of new
planned developments.
Housing Chapter
1.1 - The City of Meridian intends to provide for a wide diversity of housing types...
in a variety of locations suitable for residential development.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L-O
BY: G.L.VOIGT DEVELOPMENT/(RZ-00-003) - 12
1.4 - The development of housing for all income groups dose to employment and
shopping centers should be encouraged.
1.6 - Housing proposals shall be phased with transportation, open space and public
service and facility plans, which will maximize benefits to the residents, minimize
conflicts and provide a tie-in between new residential areas and service needs.
1.19 - High-density development, where possible, should be located near open space
corfidors or other permanent major open space and park facilities, and near major
access thoroughfares.
Community Design Chapter
5.2 - Ensure that all new development enhances rather than detracts from the visual
quality of its surroundings, especially in areas of prominent visibility.
6.5U - Establish land-use designations that reflect the character of existing
neighborhoods.
6.11U - Promote well-planned and well-designed affordable housing in all Meridian
neighborhoods.
4. 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 Qffice 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.
5. Idaho Code § 67-6511 provides and requires that the City
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L-O
BY: G.L.VOIGT DEVELOPMENT/(RZ-O0-O03) - 13
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.
6. Idaho Code § 67-651 lA 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 of the subject
parcel. The governing board shall adopt ordinance provisions governing the
creation, form, recording, modification, enforcement and termination of
conditional commitments.
7. The City of Meridian by the adoption of Meridian City Code §
11-15-12 has exercised its authority to require or permit as a condition of rezoning
that an owner or developer make a written commitment concerning the use or
development of the subject property.
8. § 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:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L-O
BY: G.L.VOIGT DEVELOPMENT/(RZ-O0-003) - 14
8.1
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;
8.2
Where district boundaries are so indicated that they approximately
follow the lot lines, such lot lines shall be construed to be said
boundaries;
8.3
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
Offficial Zoning Map; and
8.4
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.
9. § 11-15-I 1 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:
9.1
The new zoning will be harmonious with and in accordance with the
Comprehensive Plan.
9.2 The area is not intended to be rezoned in the future.
9.3
The area is intended to be developed in the fashion that is allowed
under the new zoning.
9.4 There has been no change in the area or adjacent areas which would
dictate the area should be rezoned.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L-O
BY: G.L.VOIGT DEVELOPMENT/(RZ-00-O03) - 15
9.5
9.6
9.7
9.8
9.9
9.10
9.11
9.12
The proposed uses will be designed, constructed, operated
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;
The proposed uses will not be hazardous or disturbing to existing or
future neighboring uses;
The area will be served adequately by essential public fadlities 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;
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;
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;
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;
The use will not result in the destruction, loss or damage of a natural or
scenic feature of major importance; and
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 37.64 ACRES FROM R-4 TO L-O
BY: G.L.VOIGT DEVELOPMENT / (RZ-O0-003) - 16
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 37.64 acres
for construction and development of a planned commercial development 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:
2.1
Any existing irrigation/drainage ditches crossing the property to
be included in this project shall be tiled per City Ordinance. The
ditches to be piped shall be shown on the site plans. Plans shall
be approved by the appropriate irrigation/drainage district, with
written confirmation of said approval submitted to the Public
Worlcs Department. No variances have been requested for tiling
of any ditches crossing this project.
2.2
Any existing domestic wells and/or septic systems within this
project shall have to be removed from their domestic service per
City Ordinance. Wells may be used for non-domestic purposes
such as landscape irrigation.
2.3
Off-street parking shall be provided in accordance with City of
Meridian Zoning and Development Ordinance and/or as detailed
in site-specific requirements.
2.4
Paving and striping shall be in accordance with the standards set
forth in the City of Meridian Zoning and Development
Ordinance and in accordance with Americans with Disabilities
Act (ADA) requirements.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L-O
BY: G.L.VOIGT DEVELOPMENT / (RZ-00-003) - 17
2.5 A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer
for all off-street parking areas. All site drainage shall be contained
and disposed of on-site.
2.6 Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance
with City Ordinance Section.
2.7 All signage shall be in accordance with the standards set forth in
the City of Meridian Zoning and Development Ordinance. No
temporary signage, flags, banners or flashing signs will be
permitted.
2.8 Provide five-foot-wide sidewalks in accordance with City
Ordinance.
2.9 All construction shall conform to the requirements of the
Americans with Disabilities Act.
2.10 A Development Agreement shall be required.
2.11 Applicant shall provide an internal vehicular access connection
through the apartment complex to Locust Grove Road.
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
(Metidian City Code § 11-7-2 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 Worlcs Department shall
prepare the appropriate mapping changes of the official Zoning Maps as provided in
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
1LEZONING OF 37.64 ACRES FROM R-4 TO L-O
BY: G.L.VOIGT DEVELOPMENT/(RZ-00-O03) - 18
Meridian City Code § 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 of the governing body of the City
of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person
who has an interest in real property which may be adversely affected by the issuance
or denial of the rezoning may, within twenty-eight (28) days after the date of this
decision and order, seek a judicial review as provided by Chapter 52, Tide 67, Idaho
Code.
By action of the City Council at its regular meeting held on
2000.
ROLL CALL
COUNCILMAN RON ANDERSON
COUNCILMAN KEITH BIRD
COUNCIL PERSON TAMMY deWEERD
COUNCIL PERSON CHERIE McCANDLESS
VOTED
VOTED
VOTED
VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L-O
BY: G.L.VOIGT DEVELOPMENT/(RZ-O0-O03) - 19
VOTED
MOTION:
APPROVED:~
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public WorLs
Dated:
Department and the City Attorney.
City Clerk
msg/Z:\Work~A~Vleridlan 15360IVKResolution Business ParkAZ RZ CUP PI~fsClsOrderREZ
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L-O
BY: G.L.VOIGT DEVELOPMENT/(RZ-00-003) - 20