HomeMy WebLinkAboutScottsdale Villas Sub RZ 03-002BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 02-25-03
IN THE MATTER OF THE
REQUEST FOR REZONE OF 3.66
ACRES FROM L-O TO R-IS ZONE
FOR SCOTTSDALE VILLAS
SUBDIVISION, LOCATED SOUTH
OF FRANKLIN ROAD ALONG S.W.
8Tx STREET AND ALDEN STREET,
MERIDIAN, IDAHO
PINNACLE ENGINEERS, INC.,
APPLICANT
Case No: RZ-03-002
FINDINGS OF FACT AND
CONCLUSIONS OF LAW,
DECISION AND ORDER
GRANTING APPLICATION FOR
REZONE
The above entitled matter on the rezoning application of 3.66 acres having come
on for public hearing on Febniary 25, 2003, at the hour of 7:00 o'clock p.m., and Council having
received the report of David McKinnon Planner II of the Planning and Zoning Department, and
Bruce Freckleton of the Public Works Department, and David McKinnon Planner II for the
Planning and Zoning Department, and Clint Boyle, appeared and testified, and no one appeared
in opposition, and the Council having received the record of this matter made before the Planning
and Zoning Commission, and having received their Recommendation to the City Council, and
the City Council having duly considered the evidence and the record in this matter therefore
makes the following Findings of Fact and Conclusions of Law, Decision and Order:
FINDINGS OF FACT
1. The notice of public hearing on the application for rezoning was published
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 3.66 ACRES FROM L-O TO R-15
FOR SCOTTSDALE VILLAS SUBDIVISION / (RZ-03-002) - 1
for two (2) consecutive weeks prior to said public hearing scheduled for February 25, 2003,
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 February 25, 2003, 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.
The City Council takes judicial notice of its zoning, subdivisions and
development ordinances codified at Meridian City Code Title 11 and Title 12, and all current
zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian adopted
August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact
Area Boundary.
4. The property is approximately 3.66 acres in size. The property is located
south of Franklin Road along S. W. 8`" Street and Alden 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 3.66 ACRES FROM L-O TO R-15
FOR SCOTTSDALE VILLAS SUBDIVISION / (RZ-03-002) - 2
5. The owner of record of the subject property is Wolfe Commercial
Enterprises, LLC, 1409 E. 151 Street, Meridian, Idaho 83642.
6. The Applicant is Clint Boyle, Pinnacle Engineers, 12552 W. Executive
Drive, Ste. B, Boise, Idaho 83713.
The property is presently zoned as L-O (Limited Office) and consists of
vacant land.
The Applicant requests the property be rezoned as R-15 (Medium High
Density Residential).
9. The proposed site is bordered to the north by Dreamland Daycare (L-O), to
the south by single-family residential (R-4), to the east by the multi-family residential (R-8), and
to the west by single-family residential (R-4).
10. The property which is the subject of this application is within the Area of
Impact of the City of Meridian.
11. The entire pazcel 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: 19 single-family residences and 2 common lots.
13. The Applicant requested rezoning of the subject real property as R-15. It
is found that the adopted Comprehensive Plan's Future Land Use Map delineates the subject
property as "Office". The requested R-15 zone appears to be in conflict with the land use
designation, however, the L-O zone in the City's zoning ordinance states that "The L-O zone is
designed to act as a buffer between other more intense non-residential uses and high density
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 3.66 ACRES FROM L-O TO R-I5
FOR SCOTTSDALE VILLAS SUBDIVISION / (RZ-03-002) - 3
residential uses and is thus a transitional use", (MCC 11-2-2), furthermore, the Comprehensive
Plan encourages residential infill to utilize existing services (pg 106).
14. There are no significant or scenic features of major importance that affect
the consideration of this application.
15. The City Council recognizes the concerns of Wendell Bigham, Joint
School District No. 2, expressed in his letter dated December 4, 2002.
16. In review of the application for rezone it is provided at Meridian
City Code § 11-15-11 for the General Standards that the Commission and Council review this
proposed zoning amendment and pursuant to the criteria of said section finds that:
16.1 The new zoning will be harmonious with and in accordance with the
Comprehensive Plan;
16.2 The area included in the zoning amendment is not intended to be rezoned
in the future;
16.3 The proposed use will be designed, constructed, operated and maintained
to be harmonious and appropriate in appearance with the existing or
intended chazacter of the general vicinity and that such use will not change
the essential character of the same azea, subject to the conditions of the
conditional use process;
16.4 The proposed use will not be hazardous or disturbing to existing or future
neighboring uses, subject to the conditions of the conditional use process;
16.5 The area will be served adequately by essential public facilities and
services such as highways, streets, police and fire protection, drainage
structures, refuse disposal, water, sewer or that the person responsible for
the establishment of proposed zoning amendment shall be able to provide
adequately any of such services;
16.6 The use will not create excessive additional requirements at public cost for
public facilities and services and will not be detrimental to the economic
welfare of the community;
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 3.66 ACRES FROM L-O TO R-15
FOR SCOTTSDALE VILLAS SUBDIVISION / (RZ-03-002) - 4
16.7 The use will not involve uses, activities, processes, materials, equipment
and conditions of operation that will be detrimental to any persons,
property or the general welfaze by reason of excessive production of
traffic, noise, smoke, fumes, glaze or odors;
16.8 The azea will have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding public
streets;
16.9 The use will not result in the destruction, loss or damage of a natural or
scenic feature of major importance; and
16.10 The proposed zoning will be in the best interest of the City of Meridian.
16.2 Staff and Agency recommendations and/or conditions provide as follows:
A. Adopt the Recommendations of the ACHD as follows:
Site Specific Conditions ofAnnrouxl
1. Construct driveways on SW 8`" Avenue and Alden Drive to offset a minimum of
50-feet from any controlled and/or uncontrolled intersection. All driveways are to be
constructed as curb cut driveways.
2. Pave the driveways to their full-required width (maximum of 35-feet) and to a
point 30-feet beyond the edge of pavement of SW 8a' Avenue and Alden Drive.
3. Said Easement (See Plat Note # 15 of Scottsdale Subdivision) shall be placed on
the plat of Scottsdale Villas Subdivision as delineated on the plat are covered by a Storm
Drainage Easement in favor of the Ada County Highway District for heavy maintenance
of drainage facilities. Said Easement shall remain free of all encroachments and
obstructions (including fences and trees) which may adversely affect drainage or
operation and maintenance of storm water facilities. Said Easement shall be placed on the
plat of Scottsdale Villas Subdivision.
4. Replace unused curb cuts on S W 8a' Avenue and Alden Drive with standard curb,
gutter and 5-foot wide concrete sidewalk to match the existing improvements.
Comply with all Standard Conditions of Approval.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 3.66 ACRES FROM Ir0 TO R-IS
FOR SCOTTSDALE VILLAS SUBDIVISION / (RZ-03-002) - 5
Standard Conditions ofApprourl
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 home by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that maybe
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 yeazs old aze 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 of Idaho shall prepaze 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. Constmction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District approval for
occupancy.
8. Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #195, also known as Ada County Highway District Road
Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the
right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by
the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least
two full business days prior to breaking ground within ACHD right-of--way. The
applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACHD
conduits (spare or filled) are compromised during any phase of construction.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 3.66 ACRES FROM L-O TO R-15
FOR SCOTTSDALE VILLAS SUBDIVISION / (RZ03-002) - 6
10. No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized representative and
an authorized representative of the Ada County Highway District. The burden shall be
upon the applicant to obtain written confirmation of any change from the Ada County
Highway District.
11. Any change by the applicant in the planned use of the property which is the
subject 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 awaiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time the
change in use is sought.
B. Adopt the Recommendations of the Meridian Fire Department as follows:
1. That afire-flow of 1,000 gallons per minute shall be available for duration oft hours to
service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC
Appendix III-A
2. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins. UFC 901.4.2 & 901.3
3. Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
4. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
5. All internal roads shall have a minimum radius of 28' inside and 48' outside radius.
6. The roadways shall be built to Ada County Highway Standards. UFC 902.2.1
7. An approved temporary turn-around is required for any dead-ends over 150'.
8. Approved fire department access roads shall be provided for all buildings or portions of
buildings to within 150' of any point on the exterior wall of the first story.
C. Adopt the Comments of the Meridian Water Department as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECLSION AND ORDER OF APPROVAL OF
REZONING OF 3.66 ACRES FROM LO TO R-15
FOR SCOTTSDALE VILLAS SUBDIVLSION / (RZ-03-002)
The water lines in this development were previously installed for commercial
development. To convert to residential service lines would be difficult.
17. It is found that the adopted Comprehensive Plan's Future Land Use Map
delineates the property as "Office". The requested R-15 zone appears to be in conflict with the
land use designation, however, the L-O zone in the City's zoning ordinance states that "The L-O
zone is designed to act as a buffer between other more intense non-residential uses and high
density residential uses and is thus a transitional use", (MCC 11-2-2), furthermore, the
Comprehensive Plan encourages residential infill to utilize existing services (pg 106). The
requested R-15 zoning is supported by staff as it will allow the transitional uses proposed by the
developer to be approved as a conditional use. If the property were to remain L-O the proposed
uses would be prohibited and a higher intensity use could be allowed at this location, reducing
the efficacy of the land as a transitional property. In 1998, prior to the adoption of the new
Comprehensive Plan, the property was rezoned from R-15 to L-O.
17. It is found that the proposed re-zone and accompanying development plans
comply with the requested zone, and it is not anticipated that the property will be rezoned in the
future.
18. It is found that the Applicant has submitted detailed development plans for the
property; and that the development would be allowed with a conditional use permit in the
proposed R-15 zone.
19. The recent denial of the two story apartment use on the western side of the subject
property indicates that single story attached housing will be more compatible and will offer a
better transition between the multi-family apartments on the east and the single-family units on
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 3.66 ACRES FROM L-O TO R-15
FOR SCOTTSDALE VILLAS SUBDIVISION / (RZ-03-002) - 8
the west. The R-15 zone would allow for this type of transition where an L-O zone would
prohibit the lower intensity uses such as the one proposed by the applicant.
20. It is found that the proposed development is designed in a manner that will be
harmonious with and appropriate in appearance with the existing neighborhood. The proposed
uses are less dense than the uses to the east, denser than the property to the west and less intense
than the office and daycare uses to the north.
21. It is found that the re-zone to R-15 should not be disturbing to existing or future
neighboring uses. Specific uses allowed (either permitted uses or conditional uses) within the R-
15 zone may be disturbing to future or existing neighbors; however it is anticipated that the
proposed development should not be disturbing to the area.
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 the proposed R-15 zoning designation of the property does not
inherently allow uses that will generate activities, processes, materials, equipment, and
conditions that are detrimental to the general welfare of the community.
25. It is found that the proposed R-15 zoning will not interfere with general traffic
patterns on any public streets. The re-zone from L-O to R-15 will actually decrease the
generation of traffic on the existing street.
26. It is not found that any natural or scenic feature will be lost, damaged or destroyed
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 3.66 ACRES FROM L-O TO R-15
FOR SCOTTSDALE VILLAS SUBDIVISION / (RZ-03-002) - 9
by approval of this rezone.
27. 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 re-zone.
CONCLUSIONS OF LAW
The Council may take judicial notice of government ordinances, and
policies, and of actual conditions existing within the City and State.
2. The City of Meridian has exercised its authority and responsibility as
provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho
Code by the adoption of Amended Comprehensive Plan City of Meridian adopted August 6,
2002, Resolution No. 02-382.
3. The requested zoning of Medium High Density Residential (R-15) is defined in
the Zoning Ordinance at 11-7-2 E as follows:
(R-1 S) Medium High Density Residential District: The purpose of the R-15 District is
to permit the establishment of medium-high density single-family attached and multi-
family dwellings at a density not exceeding fifteen (15) dwelling units per acre. All such
districts must have direct access to a park or open space corridor, and be connected to the
Municipal water and sewer systems of the City. The predominant housing types in this
District will be patio homes, zero lot line single-family dwellings, townhouses, apartment
buildings and condominiums.
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
FINDWGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 3.66 ACRES FROM L-O TO R-15
FOR SCOTTSDALE VILLAS SUBDIVISION / (RZ-03-002) - 10
subdivision providing public services, including school districts, within the City's planning
jurisdiction and that it is in conformance with the Comprehensive Plan.
Idaho Code § 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 commitrnent
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.
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.
§ 11-6-1 ZONING DISTRICT MAP provides in part as follows:
The districts established in this Ordinance as shown on the Official Zoning Map, together
with all explanatory matter thereon, are hereby adopted as part of this Ordinance. Where
uncertainty exists with respect to the boundaries of any of the zoning districts as shown
on the Official Zoning Map, the following shall apply:
7.1 Where district boundaries are indicated as approximately
following the centerline of street lines, highway right-of--way lines, streams, lakes
or other bodies of water, the centerline shall be construed to be such boundary;
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 aze 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. § 11-15-1 lof the Meridian City Code GENERAL STANDARDS
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 3.66 ACRES FROM L-O TO R-15
FOR SCOTTSDALE VILLAS SUBDMSION / (RZ-03-002) - 11
APPLICABLE TO ZONING AMENDMENTS provides in part as follows:
The Commission and Council shall review the particular facts and circumstances of each
proposed zoning amendment in terms of the following standards and shall find adequate
evidence answering the following questions about the proposed zoning amendment:
8.1 The new zoning will be harmonious with and in accordance with the
Comprehensive Plan.
8.2 The area is not intended to be rezoned in the future.
8.3 The azea 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
azea 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 chazacter
of the general vicinity and that such use will not change the essential chazacter 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 welfaze 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, glaze or odors;
8.10 The area will have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding public streets;
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 3.66 ACRES FROM L-O TO R-15
FOR SCOTTSDALE VILLAS SUBDIVISION / (RZ-03-002) - 12
8.11 The use will not result in the destruction, loss or damage of a natural or scenic
feature of major importance; and
8.12 The proposed zoning amendment is in the best interest of the City of Meridian.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN ADOPTED, the City
Council does hereby Order and this does Order:
The Applicant's request for rezone of approximately 3.66 acres to construct 19
single-family residences and 2 common lots under the proposed R-15 zone, is granted, subject to
the terms and conditions of this Order hereinafter stated; and
2. The following special terms and conditions of use and development relate to this
application to-wit:
A. Adopt the Recommendations of the ACHD as follows:
Site Specific Conditions of Annrolul
Construct driveways on SW 8s' Avenue and Alden Drive to offset a minimum of
50-feet from any controlled and/or uncontrolled intersection. All driveways are to
be constructed as curb cut driveways.
2. Pave the driveways to their full-required width (maximum of 35-feet) and to a
point 30-feet beyond the edge of pavement of SW 8s' Avenue and Alden Drive.
Said Easement (See Plat Note # 15 of Scottsdale Subdivision) shall be placed on
the plat of Scottsdale Villas Subdivision as delineated on the plat are covered by a
Storm Drainage Easement in favor of the Ada County Highway District for heavy
maintenance of drainage facilities. Said Easement shall remain free of all
encroachments and obstructions (including fences and trees) which may adversely
affect drainage or operation and maintenance of storm water facilities. Said
Easement shall be placed on the plat of Scottsdale Villas Subdivision.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 3.66 ACRES FROM L-O TO R-15
FOR SCOTTSDALE VILLAS SUBDIVISION / (RZ-03-002) - 13
4. Replace unused curb cuts on SW 8s' Avenue and Alden Drive with standard curb,
gutter and 5-foot wide concrete sidewalk to match the existing improvements.
5. Comply with all Standard Conditions of Approval.
Standard Conditions ofAnnrowl
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 maybe
damaged during the construction of the proposed development. Contact Construction
Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless approved
in writing by the District. Contact Construction Services at 387-6280 (with file
numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements, Construction
Services procedures and all applicable ACHD Ordinances unless specifically waived
herein. An engineer registered in the State 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.
Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance # 195, also known as Ada County Highway District Road
Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the right-
of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by
the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at
least two full business days prior to breaking ground within ACHD right-of--way. The
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 3.66 ACRES FROM L-O TO R-IS
FOR SCOTTSDALE VILLAS SUBDIVISION / (RZ-03-002) - 14
applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD
conduits (spare or filled) are compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they are
in writing and signed by the applicant or the applicant's authorized representative and
an authorized representative of the Ada County Highway District. The burden shall
be upon the applicant to obtain written confirmation of any change from the Ada
County Highway District.
11. Any change by the applicant in the planned use of the property which is the subject 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 awaiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time
the change in use is sought.
B. Adopt the Recommendations of the Meridian Fire Department as follows:
1. That afire-flow of 1,000 gallons per minute shall be available for duration of 2 hours to
service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997
UFC Appendix III-A
2. Operational fire hydrants and temporary or permanent street signs aze required before
combustible construction begins. UFC 901.4.2 & 901.3
3. Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
4. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
5. All internal roads shall have a minimum radius of 28' inside and 48' outside radius.
6. The roadways shall be built to Ada County Highway Standards. UFC 902.2.1
An approved temporary turn-around is required for any dead-ends over 150'.
8. Approved fire department access roads shall be provided for all buildings or portions of
buildings to within 150' of any point on the exterior wall of the first story.
C. Adopt the Comments of the Meridian Water Department as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 3.66 ACRES FROM L-O TO R-IS
FOR SCOTTSDALE VILLAS SUBDIVLSION / (RZ-03-002) - 15
The water lines in this development were previously installed for commercial
development. To convert to residential service lines would be difficult.
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 (R-15) Medium High Density Residential (Meridian City Code §
11-7-2 E) 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 ufficial 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 maybe 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 ~G`'' `~ , 2003.
ROLL CALL
COUNCILMAN BIRD VOTED
COUNCILWOMAN deWEERD VOTED_-
COUNCILWOMAN McCANDLESS VOTED_
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 3.66 ACRES FROM L-O TO R-15
FOR SCOTTSDALE VILLAS SUBDIVISION / (RZ-03-002) - 16
COUNCILMAN NARY VOTED'
MAYOR ROBERT CORRIE (TIE BREAKER) VOTED
DATED: ~-`l'~3
MOTION:
APPROVED: DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department
and the City Attorney. ,`~~uwuuappr
BY:, ~~/~
City Clerk
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Dated:3'~2'03 ~~
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PP-02-029 CUP-02-0451FfsClsOrderREZdac '~iy~f~(~d,#p,C-~~( y~\`p``~
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 3.66 ACRES FROM L-O TO R-15
FOR SCOTTSDALE VILLAS SUBDIVISION / (RZ-03-002)
-17