HomeMy WebLinkAboutBoise Podiatry MI 03-004BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 04/22/03
IN THE MATTER OF THE
REQUEST FOR REQUEST TO
AMEND CONDITIONS OF
ANNEXATION FOR BOISE
PODIATRY BUILDING, LOCATED
AT 1065 FAIRVIEW AVENUE,
MERIDIAN, IDAHO
BY: MARSHALL OGDEN,
APPLICANT
CASE NO. MI-03-004
FINDINGS OF FACT
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING REQUEST FOR
APPROVAL TO AMEND
CONDITIONS OF ANNEXATION
The above entitled matter coming on regulazly for public hearing before the City Council
on Apri18, 2003 and continued until Apri122, 2003, at 7:00 o'clock p.m. at the Meridian City
Hall located at 33 East Idaho, and Brad Hawkins-Clazk Interim Planning Director for the
Planning and Zoning Department, and Mazshall Ogden, appeazed and testified, and the City
Council having received a report from David McKinnon Planner II for the Planning and Zoning
Department, and the City Council having received testimony as part of the record of this matter,
and the applicant having submitted his application for a request for approval to amend conditions
of annexation for Boise Podiatry Building, and which application is herein received and adjudged
by the City Council pursuant to Meridian City Code § 8-2-5, and being fully advised in the
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING REQUEST TO AMEND CONDITIONS
OF ANNEXATON FOR BOISE PODIATRY BUILDING
BY MARSHALL OGDEN - FOR MI-03-004
PAGE 1 OF 9
premises does hereby make the following Findings of Fact and Conclusions of Law and Order of
Decision, as follows:
FINDINGS OF FACT
The property is generally located at 1065 Fairview Avenue, Meridian, Idaho.
2. The applicant of the subject property is Marshall Ogden whose address is 7000
Plano Lane, Boise, Idaho 83703.
3. The owner of the subject property according to the records of Ada County is Dr.
Marshall D. Ogden whose address is 7000 Plano Lane, Boise, Idaho 83703.
4. The location of the subject property is presently located in a C-G zone, and which
subject property has the physical address of 1065 Fairview Avenue, and is located on the south
side of Fairview Avenue, approximately 1/3 of a mile west of Locust Grove.
5. The legal description of the property is on file in the City Clerk's office which is
located at 33 East Idaho Street, Meridian, Idaho.
6. The applicant, Marshall Ogden, has requested modifications to the approved
Findings of Fact and Conclusions of Law for the annexation of 1065 Fairview Avenue. Dr.
Ogden is requesting that the requirements for improving the landscaping, constructing a sidewalk
adjacent to Fairview Avenue and connecting to the City's sewer be postponed until a later date to
accommodate the use of the property for retail sales in its current configuration.
A small retail business, the Harvest House, would like the opportunity to use the existing
building and improvements. If the applicant is required to comply with the aforementioned
improvements at this time, the existing parking lot would be cut in half to accommodate new
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING REQUEST TO AMEND CONDITION:
OF ANNEXATON FOR BOISE PODIATRY BUILDING
BY MARSHALL OGDEN - FOR MI-03-004
PAGE 2 OF9
landscaping, the sewer line would have to be brought over 400 feet from the south, and a new
sidewalk will be required on Fairview Avenue that does not connect with any other sidewalk
within''/o of a mile in either direction.
The applicant is willing and able to accommodate the other requirements of the
annexation Findings of Fact and Conclusions of Law including, among other things, the
connection to City water service, striping of the parking lot and compliance with the Sign
Ordinance.
This miscellaneous application is only to amend the approved Findings of Fact
and Conclusions of Law for the annexation, and in particular relating to improvements in the
landscaping, connecting to the City's sewer, and constructing a sidewalk adjacent to Fairview
Avenue, in Case No. AZ-O1-010.
8. The properties surrounding the subject property are:
North -The proposed Fairview Lakes development zoned C-G.
South -Vacant land zoned R-1M (AdaCounty).
East -Vacant land, zoned Rl-M (Ada County).
West -Kock-a-Doodles retail store zoned C-G.
9. 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 application for approval to amend conditions of annexation for
Boise Podiatry Building for the annexation, Case No. AZ-O1-010, will not impose expense upon
the public if the following conditions of approval are imposed:
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING REQUEST TO AMEND CONDITIONS
OF ANNEXATON FOR BOISE PODIATRY BUILDING
BY MARSHALL OGDEN -FOR MI-03-004
PAGE 3 OF9
A. Adopt the Recommendations of the Planning and Zoning Department as shown
herein below from the old language to the new modifications in the Annexation
and Zoning Findings of Fact and Conclusions of Law in Case No. AZ-O1-010, as
follows:
1. Landscanina: Item Number 16.3, Page 5 of the FF/CL shall now read as
follows:
Existing landscaping shims ~ be ~t modified '
. to conform with the intent and purnose of
the Landscape Code Pursuant to MCC 12-13-18 (Alternative Compliance) if
the future use of the property is a permitted use in the C-G zone and the
building footprint is not expanded or modified. Modifications to the
landscaping. This shall may include additional trees as required and an
irrigation system if there is not one provided on site. New construction on
and/or the reouest for a conditional use permit or subdivision of the property
will require complete conformance with the adopted Landscape Ordinance in
effect at the time of the new application.
The revised condition of approval will allow staffto approve a new landscaping plan
that meets the intent of the ordinance, but does not require complete compliance at
this time. The landscaping for the subject property currently consists of a 6 'h foot
wide strip of weeds and grass adjacent to Fairview Avenue, a 7'/z foot wide lava rock
buffer on the west property line with one tree, and 9 % foot wide buffer on the eastern
property line with consisting of a weeds, grass and a lilac tree. Several new trees will
be required in addition to the removal of the weeds from the buffers.
2. Sewer: Item Number 16.13, Page 6 of the FF/CL shall now read as follows:
The applicant shall connect to allesse~tial city ^°~•~°°~~ water arm
sever, prior to any use on the property. Sewer is currently not available to
this site Applicant shall be required to connect this existing structure to the
sanitary sewer system when it becomes available from the south. Expansion
of the existing structure or new construction on the subiect property will not
be allowed unless sanitary sewer is brought to the site by the applicant.
The proper sewer connection for the subject property is located in the stub street
within Danbury Faire Subdivision, located approximately 450 feet to the south. The
original condition of approval would have made connection to city sewer cost
prohibitive.
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING REQUEST TO AMEND CONDTfIONS
OF ANNEXATON FOR BOISE PODIATRY BUII,DING
BY MARSHALL OGDEN -FOR MI-03-004
PAGE 4 OF9
3. Item Number 16.6, Page 5 will also need to be modified in the following
manner:
"Any existing domestic wells and/er--septic-system within this project shall be
removed from their domestic service per City Ordinance..."
Sidewalk: Items 16.4 and 16.11, Page 5 of the FF/CL require a 5 foot wide
sidewalk to be installed adjacent to Fairview Avenue. Staff recommends
deleting both conditions from the FF/CL. Presently there are no sidewalks the
south side of Fairview within at least '/4 mile of the subject property.
Furthermore, upon receipt of a conditional use permit or a preliminary plat
application, the City of Meridian will again have the opportunity to require
the construction of the sidewalk.
B. Adopt the Recommendations of the Ada County Highway District as follows:
1. On June 20, 2001, the District acted on AZOl-010. The conditions and
requirements also apply to MMI03-004. When the District receives a
development proposal for the site, the District intends to provide the below
site specific and standards requirements, in addition to any additional
requirements that may apply:
Site Specific Requirements:
1. Dedicate 60-feet ofright-of--way from the centerline of Fairview
Avenue abutting the parcel by means of recordation of a final
subdivision plat or execution of a wan'anty deed prior to issuance
of a building permit (or other required permits), whichever occurs
first. Allow up to 30 business days to process the right-of--way
dedication after receipt of all requested material. The owner will
be compensated for all right-of--way dedicated as an addition to
existing right-of--way from available impact fee revenues in this
benefit zone, if the owner submits a letter of application to the
impact fee administrator prior to breaking ground, in accordance
with Section 15 of ACHD Ordinance #193.
2. All utility relocation costs associated with improving street
frontages abutting the site shall be home by the developer.
3. Construct 5-foot wide concrete sidewalk on Fairview Avenue
abutting the parcel. The sidewalk should be constructed 2-feet
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING REQUEST TO AMEND CONDITIONS
OF ANNEXATON FOR BOISE PODIATRY BUILDING
BY MARSHALL OGDEN - FOR MI-03-004
PAGE 5 OF9
within the new right-of--way.
4. Utility street cuts in pavement less than five years old are not
allowed unless approved in writing by the District. Contact
ACHD's Utility Coordinator at 387-2516 or 378-6258 (with file
number) for details.
5. Locate driveways, in conformance with current District policy
when future redevelopment occurs.
6. As required by District policy, restrictions on the width, number
and locations of driveways, shall be placed on future development
or redevelopment of this parcel.
Standard Requirements:
1. This decision of the Planning and Development Supervisor may
be appealed to the Ada County Highway District Commission by
the applicant or by another party within 15 calendar days from
the date of the report. The request shall specifically identify each
requirement to be reconsidered and include a written explanation
of why such a requirement would result in a substantial hardship
or inequity. The request will be heard by the District
Commission at an evening meeting within 20 calendar days of
the District's receipt of the appeal letter. The appellant will be
notified of the date and time of the Commission meeting.,
2. After ACRD Commission action, any request for reconsideration
of the Commission's action shall be made in writing to the
Planning and Development Supervisor within two days of the
action and shall include a minimum fee of $110.00. The request
for reconsideration shall specifically identify each requirement to
be reconsidered and include written documentation of data that
was not available to the Commission at the time of its original
decision. The request for reconsideration will be heard by the
District Commission at the next regular meeting of the
Commission. If the Commission agrees to reconsider the action,
the applicant will be notified of the date and time of the
Commission meeting at which the reconsideration will be heard.
Payment of applicable road impact fees are required prior to
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING REQUEST TO AMEND CONDTITONS
OF ANNEXATON FOR BOISE PODIATRY BUILDING
BY MARSHALL OGDEN - FOR MI-03-004
PAGE 6 OF9
building construction in accordance with Ordinance #193, also
lrnown as Ada County Highway District Road Impact Fee
Ordinance.
4. 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 ACRD Ordinances unless specifically waived herein.
An engineer registered in the State of Idaho shall prepare and
certify all improvement plans.
5. 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.
6. 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.
Any change by the applicant iri 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 a
wavier/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.
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.
CONCLUSIONS OF LAW
Approval of this request to amend conditions of annexation for Boise Podiatry
Building located at 1065 Fairview Avenue, Meridian, Idaho, is based upon the information
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING REQUEST TO AMEND CONDITIONS
OF ANNEXATON FOR BOISE PODIATRY BUILDING
BY MARSHALL OGDEN -FOR MI-03-004
PAGE 7 OF9
provided by the applicant, staff comments, and testimony at the public hearing, and which
amendments shall be made to the annexation findings for Case No. AZ-Ol -010. The applicant is
required to comply with the conditions as stated in Findings of Fact No. 9.
DECISION AND ORDER
Pursuant to the City Council's authority as provided in Meridian City Code § 12-
3-5 and based upon the above and foregoing Findings of Fact which are herein adopted:
IT IS HEREBY ORDERED AND THIS DOES ORDER
That the applicant is granted approval to amend conditions of annexation for
Boise Podiatry Building located at 1065 Fairview Avenue, Meridian, Idaho, and
which amendments shall be made to the annexation findings for Case No. AZ-Ol-
010; and that the applicant shall be required to comply with all the above
conditions and requirements in Findings of Fact No. 9 of staff and/or
governmental entities.
h
By action of the City Council at its regular meeting held on the day of
~C//' , 2003.
ROLL CALL
COUNCILMAN BIRD VOTED
COUNCILWOMAN deWEERD VOTED,
COUNCILWOMAN McCANDLESS VOTED
COUNCILMAN NARY VOTED
~-
MAYOR ROBERT D. CORRIE VOTED
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING REQUEST TO AMEND CONDTfIONS
OF ANNEXATON FOR BOISE PODIATRY BUILDING
BY MARSHALL OGDEN -FOR MI-03-004
PAGE 8 OF9
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FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING REQUEST TO AMEND CONIDTTIONS
OF ANNEXATON FOR BOISE PODIATRY BUILDING
BY MARSHALL OGDEN - FOR MI-03-004
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PAGE 9 OF9
BEFORE THE MERIDIAN CITY COUNCIL
C/C 10-02-O1
Revised C/C 4/22/03
IN THE MATTER OF THE
APPLICATION OF MARSHAL
OGDEN, BOISE PODIATRY
BUILDING, THE APPLICATION
FOR ANNEXATION AND ZONING
OF .99 ACRES FOR THE
PODIATRY BUILDING LOCATED
AT 1065 EAST FAIRVIEW AVE.,
MERIDLAN, IDAHO
Case No. AZ-O1-010
AMENDED
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 August 8, 2001, and re-noticed for September 4, 2001 and continued until October 2, 2001, at
the hour of 6:30 p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and
testified, and no one appeared in opposition, 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
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 August 8,
2001, and re-noticed for September 4, 2001 and continued until October 2, 2001, before the City
Council, the first publication appearing and written notice having been mailed to property owners
AMENDED
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGBY MARSHAL OGDEN,
BOISE PODIATRY BUILDING / (AZ-O1-010)
PAGE 1 OF 14
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 August 8, 2001, and re-noticed for September 4, 2001 and continued
until October 2, 2001, public hearing; and the applicant, affected property owners, and
govenunent 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 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 description of the property, which is the subject of the application
for annexation and zoning, is attached as Appendix A, and by this reference is incorporated
herein as if set forth in full.
5. The property is approximately .99 acres in size and is located at 1065 East
Fairview Ave., Meridian, Idaho.
AMENDED
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGBY MARSHAL OGDEN,
BOISE PODIATRY BUILDING / (AZ-O1-010)
PAGE 2 OF 14
6. The owner of record of the subject property is Marshal Ogden, Boise Podiatry
Building, at 700 Plano Lane, Boise, Idaho.
Applicant is owner of record.
8. The property is presently zoned by Ada County as R-1, and consists of a vacant
medical office building.
9. The Applicant requests the property be zoned as C-G.
10. The subject property is bordered to the north by undeveloped land zoned RUT, to
the south by a 4.11 acre parcel with single-family home and outbuilding, zoned Rl-M, to the east
by asingle-family home, zoned Rl-M, and to the west by a small office building zoned C-2, and
the Daewoo car sales lot, zoned R-8 (this designation appears to be an error).
11. The property which is the subject of this application is within the Area 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 iri the following manner:
development as existing and/or other uses permitted in C-G zone.
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.
AMENDED
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGBY MARSHAL OGDEN,
BOISE PODIATRY BUILDING / (AZ-O1-010)
PAGE 3 OF 14
16. 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:
Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
16.1 All future development of this property shall be allowed only after a Conditional Use
Permit for a Planned Development has been secured from the City of Meridian
(Meridian City Code 11-7-2 Q).
16.2 All parking stalls shall be striped in accordance with standards adopted bythe City of
Meridian and in compliance with the ADA.
16.3 Existing landscaping may be modified to conform with the intent and purpose ofthe
Landscape Code pursuant to MCC 12-13-18 (Alternative Compliance) if the future
use of the property is a permitted use in the C-G zone, and the building footprint is
not expanded or modified. Modifications to the landscaping may include additional
trees as required and an irrigation system if there is not one provided on site. New
construction on and/or the request for a conditional use permit or subdivision of the
property will require complete conformance with the adopted Landscape Ordinance.
16.4 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.
16.5 Any existing domestic wells within this project shall have to be removed from their
domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells maybe used for
non-domestic purposes such as landscape imgation.
16.6 Outside lighting shall be designed and placed so as not to direct illumination on any
nearby residential areas in accordance with City Ordinance Sections 11-13-4.C. and
12-5-2.M.
16.7 A drainage plan designed by a State of Idaho licensed architect or engineer is
AMENDED
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGBY MARSHAL OGDEN,
BOISE PODIATRY BUILDING / (AZ-O1-010)
PAGE 4 OF 14
required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-
streetparking areas. All site drainage shall be contained and disposed of on-site.
16.8 Off-street parking shall be provided in accordance with the City of Meridian
Ordinance 11-13 for use of property.
16.9 All signage shall be in accordance with the standards set forth in Section 11-14 ofthe
City of Meridian Zoning and Development Ordinance. No temporary signage, flags,
banners or flashing signs shall be permitted.
16.10 All construction shall conform to the requirements of the Americans with Disabilities
Act.
16.11 The applicant shall connect to city water, prior to any uses on the property. Sewer is
currently not available to this site. Applicant shall be required to connect this
existing structure to the sanitary sewer system when it becomes available from the
south. Expansion of the existing structure or new construction on the subject
property will not be allowed unless sanitary sewer is brought to the site by the
applicant.
Adopt the Recommendations of the Ada County Highway District as follows:
16.12 Dedicate 60-feet ofright-of--way from the centerline ofFairview Avenue 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. Allow up to 30 business days to process the right-of--way dedication
after receipt of all requested material. The owner shall be compensated for all right-
of-way dedicated as an addition to existing right-of--way from available impact fee
revenues in this benefit zone, if the owner submits a letter of application to the
impact fee administrator prior to breaking ground, in accordance with Section 15 of
ACHD Ordinance #193.
16.13 All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
16.14 Construct 5-foot wide concrete sidewalk on Fairview Avenue abutting the parcel.
The sidewallc shall be constructed 2-feet within the new right-of--way.
16.15 Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact ACHD's Utility Coordinator at 387-
2516 or 378-6258 (with file number) for details.
AMENDED
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGBY MARSHAL OGDEN,
BOISE PODIATRY BUILDING / (AZ-O1-010)
PAGE 5 OF 14
16.16 Locate driveways, in conformance with current District policy when future
redevelopment occurs.
16.17 As required by District policy, restrictions on the width, number and locations of
driveways, shall be placed on future development or redevelopment of this parcel.
16.18 Comply with all the Standard Requirements within the Ada County Highway
District's letter dated June 20, 2001.
17. 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. 16, 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.
18. It is also found that the development considerations as referenced in Finding No.
16 are reasonable to require and must be taken into account, in order to 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.
19. 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
AMENDED
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGBY MARSHAL OGDEN,
BOISE PODIATRY BUILDING / (AZ-O1-010)
PAGE 6 OF 14
which designates the subject property as Mixed/Planned Use Development.
20. 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:
20.1 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.
20.2 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.
20.3 The application is consistent with Meridian's self identity.
20.4 The preservation and improvement of the character and quality of Meridian's
man-made environment while maintaining its identity as aself-sufficient
community is achieved by applying the criteria of the Comprehensive Plan and the
zoning ordinance of the City to the subject application.
20.5 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.
20.6 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.
21. The property can be physically serviced with City water and sewer, if
applicant extends the lines.
CONCLUSIONS OF LAW
AMENDED
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGBY MARSHAL OGDEN,
BOISE PODIATRY BUILDING / (AZ-O1-010)
PAGE 7 OF 14
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 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,
January 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 To preserve Meridian's environmental quality and to make
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.
4.2 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.
43 To encourage the kind of economic growth and development
which supplies employment and economic self-sufficiency for
existing and future residents, reduces the present reliance on Boise
AMENDED
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGBY MARSHAL OGDEN,
BOISE PODIATRY BUILDING / (AZ-O1-010)
PAGE 8 OF 14
and strengthens the City's ability to fmance 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 projected 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.
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 ofthe 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 major highway or arterial
streets; to fulfill the need oftravel-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 use the existing development and/or other uses.
AMENDED
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGBY MARSHAL OGDEN,
BOISE PODIATRY BUILDING / (AZ-01-010)
PAGE 9 OF 14
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 Falls, 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 subj ect to and controlled by the Zoning and
Subdivision and Development Ordinances of the City of Meridian.
10. Section 11-16-4 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 ternvnated 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 properly. A commitment is binding on the owner of
the property even if it is unrecorded; however, an unrecorded comritment 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 commitment.
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:
AMENDED
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGBY MARSHAL OGDEN,
BOISE PODIATRY BUILDING / (AZ-O1-010)
PAGE 10 OF 14
The applicant's request for annexation and zoning of approximately .99 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 .99 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 ResolutionNo.158. The legal description
for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No.
686.
That the annexation and zoning of the subject property is subject to the following
conditions which shall govern Administrative Staff review and approval of development permits
required for the development of this property, as follows:
Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
3.1 All future development of this property shall be allowed only after a Conditional Use
Permit for a Planned Development has been secured from the City of Meridian
(Meridian City Code 11-7-2 Q).
3.2 All parking stalls shall be striped in accordance with standards adopted by the City of
Meridian and in compliance with the ADA.
3.3 Existing landscaping may be modified to conform with the intent and purpose of the
Landscape Code pursuant to MCC 12-13-18 (Alternative Compliance) if the future
use of the property is a permitted. use in the C-G zone, and the building footprint is
not expanded or modified. Modifications to the landscaping may include additional
trees as required and an irrigation system if there is not one provided on site. New
construction on and/or the request for a conditional use permit or subdivision of the
property will require complete conformance with the adopted Landscape Ordinance.
3.4 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting,
AMENDED
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGBY MARSHAL OGDEN,
BOISE PODIATRY BUII.DING / (AZ-O1-010)
PAGE 11 OF 14
crossing or lying adjacent and contiguous to the pazcel 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.
3.5 Any existing domestic wells within this project shall have to be removed from their
domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells maybe used for
non-domestic purposes such as landscape imgation.
3.6 Outside lighting shall be designed and placed so as not to direct illumination on any
nearby residential areas in accordance with City Ordinance Sections 11-13-4.C. and
12-5-2.M.
3.7 A drainage plan designed by a State of Idaho licensed architect or engineer is
required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-
street pazking areas. All site drainage shall be contained and disposed of on-site.
3.8 Off-street parking shall be provided in accordance with the City of Meridian
Ordinance 11-13 for use of property.
3.9 All signage shall be in accordance with the standards set forth in Section 11-14 of the
City ofMeridian Zoning and Development Ordinance. No temporary signage, flags,
banners or flashing signs shall be permitted.
3.10 All construction shall conform to the requirements of the Americans with Disabilities
Act.
3.11 The applicant shall connect to city water, prior to any use on the property. Sewer is
currently not available to this site. Applicant shall be required to connect this
existing structure to the sanitary sewer system when it becomes available from the
south. Expansion of the existing structure or new construction on the subject
property will not be allowed unless sanitary sewer is brought to the site by the
applicant.
Adopt the Recommendations of the Ada County Highway District as follows:
3.12 Dedicate 60-feet ofright-of--way from the centerline ofFairview Avenue abutting the
parcel by means of recordation of a fmal subdivision plat or execution of a warranty
deed prior to issuance of a building permit (or other required permits), whichever
occurs first. Allow up to 30 business days to process the right-of--way dedication
after receipt of all requested material. The owner shall be compensated for allright-
of-way dedicated as an addition to existing right-of--way from available impact fee
AMENDED
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGBY MARSHAL OGDEN,
BOISE PODIATRY BUILDING / (AZ-O1-010)
PAGE 12 OF 14
revenues in this benefit zone, if the owner submits a letter of application to the
impact fee administrator prior to breaking ground, in accordance with Section 15 of
ACRD Ordinance #193.
3.13 All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
3.14 Construct 5-foot wide concrete sidewalk on Fairview Avenue abutting the pazcel.
The sidewalk shall be constructed 2-feet within the new right-of--way.
3.15 Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact ACHD's Utility Coordinator at 387-
2516 or 378-6258 (with file number) for details.
3.16 Locate driveways, in conformance with current District policy when fixture
redevelopment occurs.
3.17 As required by District policy, restrictions on the width, number and locations of
driveways, shall be placed on future development or redevelopment of this pazcel.
3.18 Comply with all the Standard Requirements within the Ada County Highway
District's letter dated June 20, 2001.
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 prepaze 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.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City of Meridian.
AMENDED
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGBY MARSHAL OGDEN,
BOISE PODIATRY BUILDING / (AZ-O1-010)
PAGE 13 OF 14
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 ~~ ~` day of
d'oL~~ , 2003.
ROLL CALL
COUNCILMAN KEITH BIRD
COUNCILWOMAN TAMMY deWEERD
COUNCILWOMAN CHERIE McCANDLESS
COUNCILMAN W1I,LIAM L.M. NARY
MAYOR ROBERT D. CORRiE (TIE BREAKER)
DATED: ~ 1.3--03
VOTED~~
VOTED-G~
VOTED
VOTED~~~
VOTED
MOTION:
APPROVED: DISAPPROVED: ~
<~i_ r
Copy served upon Applicant, the
the City Attorney.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGBY MARSHAL OGDEN,
df k/ee/r/ct,
GGnLve /'YGr/~C~
Public Works Department and
BOISE PODIATRY BUILDING / (AZ-O1-010)
PAGE 14 OF 14