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HomeMy WebLinkAboutWaltman Court Subdivision RZ-01-005BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 06/19/01 IN THE MATTER OF THE REQUEST FOR REZONE OF APPROXIMATELY 8.29 ACRES FOR PROPOSED WALTMAN COURT SUBDIVISION, FROM L-O TO C-G, LOCATED BETWEEN WALTMAN LANE AND TEN MILE ROAD MERIDIAN, IDAHO JOHN GOADE, Applicant. Case No: RZ-01-005 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING APPLICATION FOR REZONE The above entitled matter on the rezoning application of 8.29 acres having come on for public hearing on June 5, 2001 and continued until June 19, 2001, at the hour of 6:30 o'dodc p.m., and Council having received the report of Shaft Stiles, Planning and Zoning Administrator, and Shaft Stiles, Planning and Zoning Administrator, and Tom Kuntz, Parks and Recreation Director, appeared and testified, and appearing and testifying was the Applicant, John Goade, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 8.29 ACRES FROM L-O TO C-G BY: JOHN GOADE / (RZ-01-005) - I 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 June 5, 2001 and continued until June 19, 2001, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the June 5, 2001 and continued until June 19, 2001, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 8.29 ACRES FROM L-O TO C-G BY: JOHN GOADE/(RZ-01-005) - 2 Code §§ 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 2 l, 1993, Ordinance No. 629 -- January 4, 1994, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately 8.29 acres in size. The property is generally located between Waltman Lane and Ten Mile Road in Meridian, Idaho, and is described as follows: A parcel of land being a portion of the NE 1/4 of Section 13, T..3N., R. 1W., B.M., Ada County, Idaho, said parcel being more particularly described as follows: Commencing at the East 174 corner of Section 13, T.3N., R. 1W., B.M., Ada County, Idaho; thence N. 89°52'22" W. 1321.24 feet along the Latitudinal Center Line of said Section 13 to an iron pin marldng the CE 1/16 corner of said Section 13; thence, N. 00°13'15'' E., 25.00 feet along the East 1/16 Line of said Section 13 to the POINT OF BEGINNING; Thence, N. 89°52'22" W. 117.19 feet to the northerly bank of the Ten Mile Drain; Thence along said bank the following courses and distances: N. 30°08'45" W. 336.83 feet; Thence N. 62°02'20" W. 741.70 feet to the south line of Franklin Square Subdivision, records of the Ada County Recorder, Boise, Idaho; Thence leaving said centefline, S. 89°54'50" E. 282.00 feet to the Southeast corner of Lot 18, Block 3, said Franklin Square Subdivision; Thence, N. 00°08'42" E. 107.47 feet to the Southwest corner of Troumer Business Park, records of Ada County Recorder, Boise, Idaho; Thence along the south line of said subdivision the following courses and distances: S. 85°41'16" E. 147.43 feet; Thence, N. 79°54'52'' E. 523.46 feet to the Southeast corner of said FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 8.29 ACRES FROM L-O TO C-G BY: JOHN GOADE/(RZ-OI-O05) - 3 subdivision and said East 1/I 6 Line of Section 13; Thence, S. 00°13'15" W. 826.93 feet to the point of beginning, said parcel containing 8.29 acres. Meridian, Idaho. 6. 7. The owner of record of the subject property is Iohn Goade of The Applicant is owner of record. The property is presently zoned as L-O and C-G, and is bare ground with one single-family home. 8. The Applicant requests the property be rezoned to C-G. 9. The proposed site is surrounded by existing single-family residential and vacant properties to the south and west, Meridian Storage to the east and a future extension of corporate Drive and Troutner Business Park to the north. The site is located V4 west of Meridian Road on Waltman Lane. 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: office complexes. 13. The Applicant's requested rezoning of the subject real property as C-G is consistent with the commercial designation on the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Existing FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 8.29 ACRES FROM L-O TO C-G BY: JOHN GOADE/(RZ-OI-O05) - 4 Urban. 14. There are no significant or scenic features of major importance that affect the consideration of this application. ] 5. In review of the application for rezone it is provided at Meridian City Code § 11-15-1 l for the General Standards that the Commission and Council review this proposed zoning amendment and pursuant to the criteria of said section finds that: 15.1 The new zoning will be harmonious with and in accordance with the Comprehensive Plan; 15.2 The area included in the zoning amendment is not intended to be rezoned in the future; 15.3 The proposed use will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area, subject to the conditions of the 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 8.29 ACRES FROM L-O TO C-G BY: JOHN GOADE / (RZ-OI-O05) - 5 15.7 The use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 15.8 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 15.9 The use will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 15.10 The proposed zoning will be in the best interest of the City of Meridian. 15.2 Staff conditions provide approval of the rezoning to C-G for the property with conditions as follows: Adopt the Recommendations of Planning and Zoning staff and Engineering staff as follows: Sanitary sewer service to this site is proposed via extensions from an existing main in Troutner Business Park, and from the Ten Mile Trunk line. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. Water service to this site shall be via extensions from an existing main in Troutner Business Park. Applicant shall be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. A condition of the development agreement is that the applicant shall extend a water supply system to the proposed site. Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by an association or the Nampa & Meridian Irrigation District. If the system FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 8.29 ACRES FROM L-O TO C-G BY: JOHN GOADE/(RZ-OI-O05) - 6 is being proposed as a private system, plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual shall be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. Ten Mile Creek is designated as a multiple use pathway in the Meridian Comprehensive Plan. A condition of the development agreement is that the right-of-way for Ten Mile Drain shall be addressed before the land is developed. To date, this has not been done with any specificity. The easement for the pedestrian pathway shall be shown on the plat. Additionally, no easement for Ten Mile Creek is shown on the plan. The plan shall be revised to show the easement/right-of-way for the Ten Mile Drain and the pathway area as agreed to with the Meridian parLs Director. The right-of-way of Ten Mile Creek shall be contained within a separate common lot, with a pedestrian easement recorded for access. A pedestrian walkway shall be installed as part of this development. Coordinate pathway and fencing details with the Parks Director. Detailed landscape plans for this common lot shall be submitted for review and approval with submittal of the Final Plat application. A letter of credit or cash surety shall be required for the improvements prior to City signature on the Final Plat. Any entry signage for the subdivision shall be placed outside of a 40' X 40' clear sight triangle, measured from the intersection of Corporate Drive and S.W. Fifth Place. As part of the conditional use permits for the individual lots, include details of all proposed signage. Show any proposed entry signage location on the required landscape plan to be submitted with the final plat application. As a condition of annexation and the associated development agreement, all uses are required to be developed under the conditional FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 8.29 ACRES FROM L-O TO C-G BY: JOHN GOADE/(RZ-01-005) - 7 use permit process. Apparently, Ada County Highway District constructed drainage ponds in the area of Lot 1, Block 2, without a conditional use permit. The design of these ponds is of concern, particularly when the area shall be highly visible when Corporate Drive is extended and aesthetics need to be reviewed. Due to the fact that this northwest portion of the property is already developed (which was the primary concern of staff during the original annexation process), removal of the requirement for a separate conditional use permit process for each individual lot shall be allowed and request that the development agreement be amended accordingly if the City Council concurs. 11. 12. Add or modify the following notes to the Plat: 15. All lots within this subdivision are subject to the terms of a development agreement recorded as Instrument No. 99039306, records of Ada County, Idaho, and any amendments thereto. Due to the fact that Corporate Drive shall experience significant traffic once transitional properties are developed and access is available to the Landing Subdivision, direct access to Corporate Drive shall be prohibited for all lots within Block 3. Show dedication of required right-of-way on Waltman Lane on the plat. Provide a temporary turnaround at the west end of Corporate Drive and provide evidence of deposit of funds to Ada County Highway District for future bridge construction. Corporate Drive is intended to be connected to Greenhead in the Landing Subdivision in the future. Ten copies of a conceptual landscape plan and ten copies of a revised plat showing all easements and pathway location shall be submitted to the City Clerk at least one week prior to the hearing with City Council. Also submit one 8 1/2 x 11 reduction of each plan. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names with the final plat application. Make any corrections necessary to conform. 13. Coordinate fire hydrant placement with the City of Meridian Public FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 8.29 ACRES FROM L-O TO C-G BY: JOHN GOADE/(RZ-OI-O05) - 8 14. Works Department. Provide five-foot-wide sidewalls in accordance with City Ordinance 12- 5-2.K. 15. All construction shall conform to the requirements of the Americans with Disabilities Act. 16. Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance, except as provided for under site specific requirements. 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. 17. 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. 18. Two-hundred-fifty watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. I9. Indicate on the final plat map any FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. The Nampa & Meridian Irrigation District Recommendations are as follows: 20. Applicant shall be required to file a Land Use Change/Site Development application. 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 8.29 ACRES FROM L-O TO C-G BY: JOHN GOADE/(RZ-OI-O05) - 9 provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idal~o 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 General Retail and Service Commercial District, (C-G) is defined in the Zoning Ordinance at 11-7-2 K as follows: (C-G) General RetaiI And Service Commercial District: The purpose of the C- G District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to maior highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal water and sewer systems of the City, and shall not constitute strip commercial development and encourage clustering of commercial development. 4. Idaho Code § 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 § 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 8.29 ACRES FROM L-O TO C-G BY: IOHN GOADE/(RZ-OI-O05) - 10 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 § 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. 7. § 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 centedine 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 centedines 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 8.29 ACRES FROM L-O TO C-G BY: JOHN GOADE/(RZ-OI-O05) - 11 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. § 11-15 - 11 of the Meridian City Code GENERAL STANDARD S 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 8.4 The area is intended to be developed in the fashion that is allowed under the new zoning. There has been no change in the area or adjacent areas which would dictate the area should be rezone& 8.5 8.6 8.7 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; The proposed uses will not be hazardous or disturbing to existing or future neighboring uses; 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 8.29 ACRES FROM L-O TO C-G BY: JOHN GOADE / (P,Z-01-005) - 12 8.8 8.9 8.10 8.11 8.12 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 vehictflar 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. 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 8.29 acres for construction and development of office complexes, 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: Adopt the Recommendations of Planning and Zoning staff and Engineering staff as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 8.29 ACRES FROM L-O TO C-G BY: JOHN GOADE/(RZ-OI-O05) - 13 Sanitary sewer service to this site is proposed via extensions from an existing main in Troutner Business Park, and from the Ten Mile Trunk line. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. Water service to this site shall be via extensions from an existing main in Troutner Business Park. Applicant shall be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. A condition of the development agreement is that the applicant shall extend a water supply system to the proposed site. Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by an association or the Nampa & Meridian Irrigation District. If the system is being proposed as a private system, plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual shall be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. Ten Mile Creek is designated as a multiple use pathway in the Meridian Comprehensive Plan. A condition of the development agreement is that the right-of-way for Ten Mile Drain shall be addressed before the land is developed. To date, this has not been done with any specificity. The easement for the pedestrian pathway shall be shown on the plat. Additionally, no easement for Ten Mile Creek is shown on the plan. The plan shall be revised to show the easement/right-of-way for the Ten Mile Drain and the pathway area as agreed to with the Meridian parks Director. The right-of-way of Ten Mile Creek shall be contained within a separate common lot, with a pedestrian easement recorded for access. A pedestrian walkway shall be installed as part of this development. Coordinate pathway and fencing details FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 8.29 ACRES FROM L-O TO C-G BY: JOHN GOADE / (RZ-01-005) - i4 with the Parlcs Director. Detailed landscape plans for this common lot shall be submitted for review and approval with submittal of the Final Plat application. A letter of credit or cash surety shall be required for the improvements prior to City signature on the Final Plat. Any entry signage for the subdivision shall be placed outside of a 40' X 40' clear sight triangle, measured from the intersection of Corporate Drive and S.W. Fifth Place. As part of the conditional use permits for the individual lots, include details of all proposed signage. Show any proposed entry signage location on the required landscape plan to be submitted with the final plat application. As a condition of annexation and the associated development agreement, all uses are required to be developed under the conditional use permit process. Apparently, Ada County Highway District constructed drainage ponds in the area of Lot 1, Bloc_lc 2, without a conditional use permit. The design of these ponds is of concern, particularly when the area shall be highly visible when Corporate Drive is extended and aesthetics need to be reviewed. Due to the fact that this northwest portion of the property is already developed (which was the primary concern of staff during the original annexation process), removal of the requirement for a separate conditional use permit process for each individual lot shall be allowed and request that the development agreement be amended accordingly if the City Council concurs. 7. Add or modify the following notes: 15. All lots within this subdivision are subject to the terms of a development agreement recorded as Instrument No. 99039306, records of Ada Cotmty, Idaho, and any amendments thereto. Due to the fact that Corporate Drive shall experience significant traffic once transitional properties are developed and access is available to the Landing Subdivision, direct access to Corporate Drive shall be prohibited for all lots within Block 3. 9. Show dedication of required right-of-way on Waltman Lane on the plat. 10. Provide a temporary turnaround at the west end of Corporate Drive and provide evidence of deposit of funds to Ada County Highway District for FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 8.29 ACRES FROM L-O TO C-G BY: JOHN GOADE / (RZ-OI-O05). 15 future bridge construction. Corporate Drive is intended to be connected to Greenhead in the Landing Subdivision in the future. 11. Ten copies of a conceptual landscape plan and ten copies of a revised plat showing all easements and pathway location shall be submitted to the City Clerk at least one week prior to the hearing with City Council. Also submit one 8 ½ x 11 reduction of each plan. 12. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names with the final plat application. Make any corrections necessary to conform. 13. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 14. Provide five-foot-wide sidewallcs in accordance with City Ordinance 12-5-2.K. 15. All construction shall conform to the requirements of the Alnericans with Disabilities Act. 16. Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance, except as provided for under site specific requirements. 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. 17. 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. 18. Two-hundred-fifty watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 19. Indicate on the final plat map any FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. The Nampa & Meridian Irrigation District Recommendations are as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 8.29 ACRES FROM L-O TO C-G BY: JOHN GOADE / (RZ-01-005) - 16 20. Applicant shall be required to file a Land Use Change/Site Development application. 3. The City Attomey 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 o£ the application to (C-G) General Retail and Service Commercial District (Meridian City Code § 11-7-2 K) 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 § 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, Title 67, Idaho Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 8.29 ACRES FROM L-O TO C-G BY: JOHN GOADE/(RZ-OI-O05) - 17 By action of the City Council at its regular meeting held on ~Jbc.~ .-~'Q, 2001. ROLL CALL COUNCILMAN RON ANDERSON COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE McCANDLESS VOTED VOTED__~ VOTED_~ VOTED_~ MAYOR ROBERT CORRIE (TIE BREAKER) DATED: 7f 3- i~> / VOTED MOTION: APPRO~ DISAPPROVED: City Clerk Copy served upon Applicant, the Planning and Zoning Department, Public Department and the City Attorney. ~.a Dated: 7"--~'- t~9 / { Z:\Wor k~d~Vle ridian~Meridian 15360i~Waltman Court RZ01-005 PP-01-007~FfsClsOrder REZ01-005,doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 8.29 ACRES FROM L-O TO C-G BY: JOHN GOADE/(RZ-O1-005) - 18