HomeMy WebLinkAboutFranklin Mini Storage AZ-01-011BEFORE THE MERIDIAN CITY COUNCIL
C/C 09-18-01
IN THE MATTER OF THE
APPLICATION OF RON
OSBORNE, THE APPLICATION
FOR ANNEXATION AND ZONING OF
9.79 ACRES FOR FRANKLIN MINI
STORAGE, LOCATED AT 1975 E.
FRANKLIN ROAD, MERIDIAN, IDAHO
Case No. AZ-O1-011
FINDINGS OF FACT
AND CONCLUSIONS
OF LAW AND
DECISION AND
ORDER GRANTING
APPLICATION FOR
ANNEXATION AND
ZONING
The above entitled annexation and zoning application having come on for
public hearing on September 18, 2001, at the hour of 6:30 p.m., and Shari Stiles,
Planning and Zoning Administrator, appeared and testified, and appearing and
testifying was the Applicant, Ron Osborne, and Kent Brown appeared and testified
on behalf of the Applicant, and appearing with comments and/or concerns was Scott
Beecham, 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, and Decision and Order:
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY RON OSBORNE /
FRANI(.LIN MINI STORAGE (AZ-01-011 )
Page 1
FINDINGS OF FACT
1. The notice of public hearing on the application for annexation and
zoning was published for two (2) consecutive weeks prior to said public hearing
scheduled for September 18, 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 heating 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 September
18, 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 Code §§ 11-15-5
and 11-16-1.
3. The City Council takes judicial notice of its zoning, subdivisions and
development ordinances codified at Titles 11 and 12, Meridian City Code, and all
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY RON OSBORNE /
FRANKLIN MINI STORAGE (AZ-01-011 )
current zoning maps thereof, and the Comprehensive 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 which is the subject of the application for annexation and
zoning is described in the application, and by this reference is incorporated herein as
if set forth in full.
5. The property is approximately 9.79 acres in size and is located at 1975
E. Franldin Road. The property is designated as Franldin Mini Storage.
6. The owner of record of the subject property is Ron and Carla Osborne
of Meridian, Idaho.
7. Applicant is Ron Osborne of Meridian, Idaho.
8. The property is presently zoned by Ada County as RUT, and consists of
vacant land and 1 single family dwelling.
9. The Applicant requests the property be zoned as C-G.
10. The subject property is bordered to the north by the proposed
Sparrowhawk Subdivision, zoned C-G, to the south by Woodbridge Subdivision,
zoned R-4, to the east by Greenhill Estates Subdivision, zoned R-I, and a single-
family dwelling and agricultural land, zoned RUT, and city limits of the City of
Meridian are adjacent and abut to the north and south of the subject property.
11. The property which is the subiect of this application is within the Area
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY RON OSBORNE /
FRANKLIN MINI STORAGE (AZ-01-011)
of Impact of the City of Meridian.
12. The entire parcel of the property is included within the Meridian Urban
Service Planning Area as defined in the Meridian Comprehensive Plan.
13. The Applicant proposes to develop the subject property in the following
manner: develop a mini-storage facility.
14. The Applicant requests zoning of the subject real property as C-G which
is consistent with the Meridian Comprehensive Plan Generalized Land Use Map
which designates the subject property as Mixed Planned Use Development.
15. There are no significant or scenic features of major importance that
affect the consideration of this application.
16. The City Council recognizes the concerns of Derrick O'Neill on behalf
of the Woodbridge Community, LLC, Greenhill Estates Homeowners Association,
Sara Seidl of Seidl Home Company, and Ron Whitney of Whitney Homes, and
Robin Paulson.
17. Giving due consideration to the comment received from the
governmental subdivisions providing services in the City of Meridian planning
jurisdiction, public facilities and services required by the proposed development will
not impose expense upon the public if the following conditions of development are
imposed:
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY RON OSBORNE /
FRANKLIN MINI STORAGE (AZ-01-011)
Page 4
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
17.1
Applicant shall be required to enter into a Development Agreement with
the City as a condition of annexation. The Development Agreement
shall address, among other things, specific landscape/common area
requirements, phasing timeframes, any building height limitations,
signage, pathways, lighting and noise, hours of operation, and other
items as required by the Commission or Council. Prior to annexation,
the applicant shall provide documentation that Ada County has
approved a combination/split of the properties to reflect the lots as
proposed are legal lots. If such documentation is not submitted, the
applicant shall be required to prepare a subdivision plat for recordation
prior to obtaining building permits. If annexed, all future uses shall be
required to be approved through the planned development process and
as conditional uses.
17.2
All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the parcel shall
be tiled per City Ordinance 12-4-13. Plans shall be approved by the
appropriate irrigation/drainage district, or lateral users association, with
written confirmation of said approval submitted to the Public Works
Department. The Five Mile Drain is a natural waterway and will not be
tiled.
17.3
17.4
17.5
Any existing domestic wells and/or septic systems within this project
shall have to be removed from their domestic service per City Ordinance
Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes
such as landscape irrigation.
Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights shall
be required at locations designated by the Public Works Department.
All streetlights shall be installed at the developer's expense. Typical
locations are at street intersections and/or fire hydrants.
Outside lighting shall be designed and placed so as not to directly or
indirectly illuminate any nearby residential areas or public right-of-ways
and shall be in accordance with City Ordinance Sections 11-13-4.C. and
12-5-2.M.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY R0N OSBORNE/
FRANICLIN MINI STORAGE (AZ-01-011)
Page 5
17.6 Applicant shall comply with all of the General Requirements of the Staff
comments listed in their July 2,2001 letter.
Adopt the Recommendations of the Ada County Highway District as follows:
17.7
Dedicate 48 -feet of right-of-way from the centerline of Franklin Road
abutting the parcel by means of recordation of a final subdivision plat or
execution of a warranty deed prior to issuance of a building permit (or
other required permits), whichever occurs first.
17.8
Provide a $6,600 deposit to the Public Rights-of-Way Trust Fund for
the cost of constructing a 5-foot wide concrete sidewalk on Franklin
Road abutting the parcel (approximately 330-£eet) prior to issuance of a
building permit, or District approval of a final plat, whichever occurs
first.
17.9
17.10
17.11
17.12
17.13
The proposed driveway located approximately 135-feet west of the east
property line is approved with this application, should this site develop
prior to driveway plans being submitted for the Sparrowhawk
Subdivision on the north side of Franldin Road. Otherwise, the
driveway shall align or offset a minimum of 1 85-feet frown any
driveways within the Sparrowhawk Subdivision.
Pave the driveway its full width of 30 to 35-feet and at least 30-feet into
the site beyond the edge of pavement of Franklin Road and install
pavement tapers with 15-foot radii abutting the existing roadway edge.
Only one driveway is approved with this application. Any existing
driveway(s) shall be closed using berming, landscaping, curbing, or other
method approved by the District.
Locate any proposed gated entry a minimum of 50-feet from the new
Franklin Road right-of-way. Coordinate the location of any proposed
gated entry with District staff.
Utility street cuts in pavement less than five years old are not allowed
unless approved in writing by the District.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY RON OSBORNE /
FRANKLIN MINI STORAGE (AZ-01-011 )
Page 6
! 7.14 Any existing irrigation facilities shall be relocated outside of the right-of-
way.
17.15 Other than the access point specifically approved with this application
(as noted on the submitted site plan), direct lot or parcel access to
Franklin Road is prohibited.
17.16 Applicant shall additionally comply with all the Standard Requirements
listed in the ACHD's letter dated June 22,2001.
Adopt the Recommendations of the Nampa & Meridian Irrigation
District as follows:
17.17 If a pressure urban irrigation system is planned that shall be owned,
operated and maintained by the Irrigation District, then Applicant shall
coordinate with the District concerning the installation of the pressure
' system, and also fill out and return a questionnaire of the pressure
urban irrigation system.
Additionally, the Applicant shall comply with the City Council's action
from their meeting held on Tuesday, September 18, 2001, as follows:
17.18 Use of a portion of the property as a non-conforming use may continue.
However, there shall be no more than four adult horses and 1 colt
alIowed to pasture as a non-conforming use.
18. It is found that if the developer pays for the requested improvements
and complies with the conditions set forth in these Findings of Fact No. 17, and all
sub-parts, the economic welfare of the City and its residents and tax and rate payers
will be protected, which requirement shall be included in a development agreement, a
condition of annexation and zoning designation.
19. It is also found that the development considerations as referenced in
Finding No. 17 are reasonable to require and must be taken into account, in order to
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY KON OSBORNE /
FRANKLIN MINI STORAGE (AZ-01-011)
assure the proposed development is designed, constructed, operated and maintained
in a manner which is harmonious and appropriate in appearance with the existing, or
intended character of the general vicinity, in order to assure that the proposed use
will not change the essential character of the affected vicinity and will insure that the
proposed uses will not be hazardous or disturbing to the existing, or future
neighboring uses, particularly considering the impact of proposed development on
potential to produce excessive traffic, noise, smoke, fumes, glare and odors.
20. It is found that the zoning of the subject real property as General Retail
And Service Commercial District (C-G) requires connection to the Municipal Water
and Sewer systems and will be compatible with the Applicant's development
intentions, and will assure that the zoning is consistent with the Meridian
Comprehensive Plan Generalized Land Use Map which designates the subject
property as Mixed Planned Use Development.
2 I. The subject annexation request and zoning designation and proposed
development relates and is compatible to the goals and policies of the Comprehensive
Plan of the City as follows:
21.1 The consideration of the provisions of the Comprehensive Plan and the
requirements of the zoning ordinance assure that the processing of such
application is the management of growth with the aim to achieve high-
quality development. Enhancement of Meridian's quality of life for all
residents is achieved by applying the criteria of the Comprehensive Plan
and the zoning ordinance of the City to all applications such as the
subject application.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY RON OSBORNE /
FRANKLIN MINI STORAGE (AZ-01-O11)
Page 8
21.2
This proposed new growth development will finance public service
expansion by the requirement herein that the applicant comply with the
requests submitted of the political subdivisions responses within the
Meridian Urban Service Planning Area submitted in the record of this
matter.
21.3
21.4
21.5
21.6
The application is consistent with Meridian's self identity.
The preservation and improvement of the character and quality of
Meridian~s man-made environment while maintaining its identity as a
self-sufficient community is achieved by applying the criteria of the
Comprehensive Plan and the zoning ordinance of the City to the subject
application.
Compliance with the requests of the political subdivisions providing
services, assures that community services are being provided for existing
and projected needs and that the land use patterns of the City are
balanced to insure that revenues pay for services and that the Urban
Service Planning Area is visually attractive, efficiently managed and
clearly identifiable.
Compatible and efficient use of land through innovative and functional
site design is achieved by applying the criteria of the Comprehensive
Plan and the zoning ordinance of the City to the subject application.
22. The property can be physically serviced with City water and sewer, if
applicant extends the lines.
CONCLUSIONS OF LAW
1. The City of Meridian has authority to annex real property upon written
request for annexation and the real property being contiguous or adjacent to city
boundaries and that said property lies within the area of city impact as provided by
Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FORANNEXATION AND ZONING/BY RON OSBORNE /
FRANKLIN MINI STORAGE (AZ-01-011)
Page 9
annex real property that is within the Meridian Urban Service Planning Area as set
forth in the City's Comprehensive Plan.
2. The Council may take judicial notice of government ordinances, and
policies, and of actual conditions existing within the City and State.
3. 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 'Comprehensive Plan, City of Meridian, adopted
December 21, 1993, Ord. No. 629, lanuary 4, 1994.'
4. The following are found to be pertinent provisions of the City of
Meridian Comprehensive Plan and are applicable to this Application:
4.A The Goals of the Comprehensive Plan are set forth at Page 5 and
include:
4.1
4.2
To preserve Meridian's environmental quality and to mal<e
provisions for and improve the total natural environment
by adopting City-wide and Urban Service Planning Area
policies, which deal with area-specific policies and
programs.
To ensure that growth and development occur in an
orderly fashion in accordance with adopted policies and
procedures governing the use of land, residential
deVelopment the provision of services and the distribution
of new housing units within the Urban Service Planning
Area.
4.3
To encourage the Kind of economic growth and
development which supplies employment and economic
self-sufficiency for existing and future residents, reduces
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY RON OSBORNE /
FRANKLIN MINI STORAGE (AZ-01-01 i)
Page 10
the present reliance on Boise and strengthens the City's
ability to finance and implement public improvements,
services and its open space character.
4.4 To provide housing opportunities for all economic groups
within the community.
4.5 To preserve and improve the character and quality of
Meridian's man-made environment while maintaining its
identity as a self-sufficient community.
4.6 To encourage cultural educational and recreational
facilities which will fill the needs and preferences of the
citizens of Meridian and to insure that these facilities are
available to all residents of the City.
4.7 To provide community services to fit existing and proiected
needs.
4.8 To establish compatible and efficient use of land through
the use of innovative and functional site design.
4.9 To encourage a balance of land use patterns to insure that
revenues pay for services.
4.10 To create an Urban Service Planning Area which is visually
attractive, efficiently managed and clearly identifiable.
4.B Comprehensive Plan Policies:
The goals and policies listed below most directly apply to the proposed project:
Goals of the Comprehensive Plan
Goal 7: To provide community services to fit existing and projected needs.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY RON OSBORNE/
FRANKLIN MINI STORAGE (AZ-01-01 i)
Page 11
Economic Development Chapter
1.2--...set aside areas where commercial interest and activities are to dominate.
1.4--Positive programs should be undertal<en to support existing commercial areas to
ensure their continued vitality...
Land Use Chapter
4.3U---Encourage new commercial development within trader-utilized existing
commercial areas.
4.8U--Encourage commercial uses...to locate in the Old Town district, business parks,
shopping centers and near high-intensity activity areas, such as freeway interchanges.
Community Design Chapter
2.2U--Encourage area beautification through uniform sign design that enhances the
community.
4.4U--Encourage landscaped setbacks for new development.
5. The 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 Retail 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 dose proximity to major 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.
6. By authority of the City of Meridian under the Comprehensive Plan, a
conditional use permit is required for Applicant to construct and develop a mixed
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY RON OSBORNE /
FRANKLIN MINI STORAGE (AZ-Oi-O11)
Page 12
planned use development on this parcel of land.
7. Since the annexation and zoning of land is a legislative function, the City
has authority to place conditions upon the annexation of land. See Burt vs. The City of
Idaho FaH~, 105 Idaho 65,665 P2d 1075 (1983).
8. The development of the annexed land, if annexed, shall meet and comply
with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-
4 which pertains to development time schedules and requirements; Section 12-4:13,
which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to
pressurized irrigation systems.
9. The development of the property shall be subject to and controlled by the
Zoning and Subdivision and Development Ordinances of the City of Meridian.
10. Section 1 l-16-4 A of the Zoning and Development Ordinance provides in
part as follows:
If property is annexed and zoned, the City may require or permit, as a condition
of the zoning, that an owner or developer make a written commitment concerning
the use or development of the subject property. If a commitment is required or
permitted, it shall be recorded in the office of the Ada County Recorder and shall
take effect upon the adoption of the ordinance annexing and zoning the property,
or prior if agreed to by the owner of the parcel. Unless the commitment is
modified or terminated by the City Council, the commitment shall be binding on
the owner of the parcel, each subsequent owner, and each other person acquiring
an interest in the property. A commitment is binding on the owner of the
property even if it is unrecorded; however, an tmrecorded commitment is binding
on subsequent owners and each other person acquiring an interest in the property
only if the subsequent owner and each other person acquiring an interest in the
property has actual notice of the commitnrent.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY RON OSBORNE /
FRANKLIN MINI STORAGE (AZ-01-011)
Page 13
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does
hereby Order and this does Order:
1 The applicant's request for annexation and zoning of approximately
9.79 acres to General Retail and Service Commercial District (C-G) is granted subject
to the terms and conditions Of this Order hereinafter stated.
2. The application is for annexation and zoning of 9.79 acres. The legal
description shall be prepared by a Registered Land Surveyor, Licensed by the State of
Idaho, and shall conform to all the provisions of the City of Meridian Resolution No.
158. The legal description for annexation must place this parcel contiguous to the
Corporate City Limits per Ordinance No. 686.
3. Developer enter into a Development Agreement that provides in the
event the conditions therein are not met by the Developer that the property shall be
subject to de-annexation, with the City of Meridian, which provides for the following
conditions of development, to-wit:
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
3.1
Applicant shall be required to enter into a Development Agreement with
the City as a condition of annexation. The Development Agreement
shall address, among other things, specific landscape/common area
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FORANNEXATION AND ZONING/BY RON OSBORNE /
FRANICLIN MINI STORAGE (AZ-01-011)
Page 14
requirements, phasing timeframes, any building height limitations,
signage, pathways, lighting and noise, hours of operation, and other
items as required by the Commission or Council. Prior to annexation,
the applicant shall provide documentation that Ada County has
approved a combination/split of the properties to reflect the lots as
proposed are legal lots. If such documentation is not submitted, the
applicant shall be required to prepare a subdivision plat for recordation
prior to obtaining building permits. If annexed, all future uses shall be
required to be approved through the planned development process and
as conditional uses.
3.2
All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the parcel shall
be tiled per City Ordinance 12-4-13. Plans shall be approved by the
appropriate irrigation/drainage district, or lateral users association, with
written confirmation of said approval submitted to the Public Works
Department. The Five Mile Drain is a natural waterway and will not be
tiled.
3.3
3.4
3.5
Any existing domestic wells and/or septic systems within this project
shall have to be removed from their domestic service per City Ordinance
Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes
such as landscape irrigation.
Two-hUndred-fifty- and 100-~vatt, high-pressure sodium streetlights shall
be required at locations designated by the Public Works Department.
All streetlights shall be installed at the developer's expense. Typical
locations are at street intersections and/or fire hydrants.
Outside lighting shall be designed and placed so as not to directly or
indirectly illuminate any nearby residential areas or public right-of-ways
and shall be in accordance with City Ordinance Sections 11-13-4.C. and
12-5-2.M.
3.6
Applicant shall comply with all of the General Requirements of the Staff
comments listed in their July 2, 2001 letter.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY RON OSBORNE
FRANKLIN MINI STORAGE (AZ-01-011 )
Page I5
Adopt the Recommendations of the Ada County Highway District as follows:
3.7
Dedicate 48 -feet of right-of-way from the centerline of Franldin Road
abutting the parcel by means of recordation of a final subdivision plat or
execution of a warranty deed prior to issuance of a building permit (or
other required permits), whichever occurs first.
3.8
Provide a $6,600 deposit to the Public Pdghts-of-Way Trust Fund for
the cost of constructing a 5-foot wide concrete sidewalk on Franklin
Road abutting the parcel (approximately 330-feet) prior to issuance of a
building permit, or District approval of a final plat, whichever occurs
first.
3.9
3.10
3.11
3.12
3.13
3.14
The proposed driveway located approximately 135-feet west of the east
property line is approved with this application, should this site develop
prior to driveway plans being submitted for the Sparrowhawk
Subdivision on the north side of Franldin Road. Otherwise, the
driveway shall align or offset a minimum of 1 85-feet from any
driveways within the Sparrowhawk Subdivision.
Pave the driveway its full width of 30 to 35-feet and at least 30-feet into
the site beyond the edge of pavement of Franldin Road and install
pavement tapers with 15-foot radii abutting the existing roadway edge.
Only one driveway is approved with this application. Any existing
driveway(s) shall be closed using berming, landscaping, curbing, or other
method approved by the District.
Locate any proposed gated entry a minimum of 50-feet from the new
Franldin Road right-of-way. Coordinate the location of any proposed
gated entry with District staff.
Utility street cuts in pavement less than five years old are not allowed
unless approved in writing by the District.
Any existing irrigation facilities shall be relocated outside of the right-of-
way.
3.15 Other than the access point specifically approved with this application
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY RON OSBORNE /
FRANKLIN MINI STORAGE (AZ-01-01 l)
Page 16
(as noted on the submitted site plan), direct lot or parcel access to
Franldin Road is prohibited.
3.16 Applicant shall additionally comply with all the Standard Requirements
listed in the ACHD's letter dated June 22,200 i.
Adopt the Recommendations of the Nampa & Meridian Irrigation
District as follows:
3.17 If a pressure urban irrigation system is planned that shall be owned,
operated and maintained by the Irrigation District, then Applicant shall
coordinate with the District concerning the installation of the pressure
system, and also fill out and return a questionnaire of the pressure
urban irrigation system.
Additionally, the Applicant shall comply with the City Council's action
from their meeting held on Tuesday, September 18, 2001, as follows:
3.18 Use of a portion of the property as a non-conforming use may continue.
However, there shall be no more than four adult horses and 1 colt
allowed to pasture as a non-conforming use.
4. The City Attorney shall prepare for consideration by the City Council
the appropriate ordinance for the annexation and zoning designation of the real property
which is the subject of the application to (C-G) General Retail And Service Commercial
District, and Meridian City Code § 11-7-2 K.
5. Subsequent to the passage of the Ordinance provided for in section 4 of
this Order the engineering staff of the Public Works Department shall prepare the
appropriate mapping changes of the official boundaries and zoning maps as provided in
Meridian City Code § 11-21-1 in accordance with the provisions of the annexation and
zoning ordinance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY RON OSBORNE /
FRANKLIN MINI STORAGE (AZ-0 I-011 )
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 is a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the annexation and zoning and who 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 the
of ffCi/-av ~ ,2001.
ROLL CALL
COUNCILMAN RON ANDERSON
day
VOTED
COUNCILMAN Ird~ITH BIRD
COUNCILMAN TAMMY deWEERD
COUNCILMAN CHERIE McCANDLESS
VOTED
VOTED
VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY RON OSBORNE /
FRANKLIN MINI STORAGE (AZ-01-011)
Page 18
MAYOR ROBERT O. CORRIE (TIE BREAKER)
DATED: /~7--/~__~/
VOTED
MOTION:
APPROVE~:~ ~
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney.
Dated:
Z:\Work~MVleridian~Vleridian 15360M~Franldin Mini StorageAZ01-011 CUP01-024'
AZFfC sOt det',~,.d~ ~ t~;
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY RON OSBORNE /
FRANKLIN MINI STORAGE (AZ-01-011 )
Page 19