HomeMy WebLinkAboutMontvue Medical AZ 03-004BEFORE THE MERIDIAN CITY COUNCIL
C/C OS-06-03
IN THE MATTER OF THE )
APPLICATION FOR ANNEXATION )
AND ZONING OF 1.37 ACRES FOR )
PROPOSED MONTVUE MEDICAL )
CLINIC, LOCATED AT 360 EAST )
MONTVUE DRIVE, MERIDIAN, )
IDAHO )
PINNACLE ENGINEERS, INC., )
APPLICANT )
Case No. AZ-03-004
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 May 6, 2003, at the hour of 7:00 p.m., and Brad Hawkins-Clark Planner III for the Planning
and Zoning Department, JoAnn Butler, and Thora Willis, appeared and testified, 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
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.
2. The City Council takes judicial notice of its zoning, subdivision and development
ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof,
and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING APPLICATION FOR
ANNEXATION AND ZONING MONTVUE MEDICAL CLINIC (AZ-03-004)
PAGE 1 OF 16
Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary.
3. The property which is the subject of the application for annexation and
zoning is described in the application, is approximately 1.37 acres in size and is located at 360
East Montvue Drive, Meridian, all within the Area of Impact of the City of Meridian and the
Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan.
4. The owner of record of the subject property is Patricia Ruyf, 360 East Montvue
Drive, Meridian, Idaho 83642. Developer is SJJV, L.L.C., c/o Mark Bottles Real Estate, 5418
North Eagle Road, Suite 160, Boise, Idaho 83713. Applicant is Pinnacle Engineers, Inc. (Clint
Boyle), 12552 W. Executive Drive, Ste. B, Boise, Idaho 83713.
The property is presently zoned R-1 (Ada County), and consists of residential
property.
6. The Applicant requests the property be zoned as L-O (Limited Office District).
The subject property is bordered to the north and west by Montvue Subdivision
consisting of 1+ acre residential lots, zoned R-1 (Ada County), to the south by St. Luke's
Medical Complex, zoned L-O, to the east by Meadow Lake Village, zoned L-O.
8. The Applicant proposes to develop the subject property in the following manner:
medical office.
9. The Applicant requests zoning of the subject real property as L-O, which is
consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates
the subj ect property as Commercial.
10. There are no significant or scenic features of major importance that affect the
consideration of this application.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING APPLICATION FOR
ANNEXATION AND ZONING MONTWE MEDICAL CLINIC (AZ-03-004)
PAGE 2 OF 16
11. Giving due consideration to the comments 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:
A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows:
Annexation and Zoning Conditions of Approval
1. Remove any existing domestic wells and/or septic systems within this project from
their domestic service, per City Ordinance Section 5-7-517, when services are available from
the City of Meridian. Wells may be used for non-domestic purposes such as landscape
irrigation.
2. All future development or re-development of the subject property shall be in
accordance with City of Meridian ordinances in effect at the time of development. A CZC
shall be required from the City prior to re-development of the subject property to a use
permitted within the L-O zone. All other uses of the property maybe allowed only upon
approval of a conditional use permit.
3. A Development Agreement shall be required for this annexation and shall address
uses and other development impacts of the property and include language similar to other
development agreements in an L-O zone. The agreement shall require the building
construction and site layout to be in substantial conformance with the site plan presented
with the application. A minimum 29-foot wide, permanent, open, vehicular roadway
connecting S. Montvue Drive with St. Luke's Drive must be constructed prior to any
Certificate of Occupancy issued on the site. (Revised per City Council's action taken at
their May 6, 2003 meeting.)
4. The applicant shall be required to construct sanitary sewer and water mains in the
private road to comply with the "to and through" policy of the City of Meridian. Proper
easements will be required over the utility locations.
B. Adopt the Recommendations of ACHD as follows:
Antici ated Site-S ecific Conditions
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING APPLICATION FOR
ANNEXATION AND ZONING MONTWE MEDICAL CLINIC (AZ-03-004)
PAGE 3 OF 16
The following conditions are intended to cover the District policies that will pertain to
any development proposal for this site. Upon the receipt of a development application in
the future for this site the District intends to include the following conditions and may
add additional conditions that may also apply to this site.
1. Dedicate an additional ?-feet ofright-of--way for Montvue Drive abutting the site
and widen Montvue Drive abutting the site to one-half of a 40-foot street section and
construct curb, gutter and sidewalk.
2. Construct any driveways on Montvue Drive a minimum of 50-feet from any
intersection. Any driveways on Montvue Drive should be constructed to be a maximum
of 35-feet wide. Pave any driveway(s) abutting public streets to their full width and at
least 30-feet into the site beyond the edge of pavement of Montvue Drive.
3. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
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 yeazs 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 Standazds 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING APPLICATION FOR
ANNEXATION AND ZONING MONTWE MEDICAL CLINIC (AZ-03-004)
PAGE 4 OF 16
7. 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 aze required prior to building construction
in accordance with Ordinance #197, 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. Existing utilities damaged by the applicant shall be repaired by the
applicant at no cost to ACHD. 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 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.
C. Adopt the Recommendations of the Meridian Fire Department as follows:
Provide afire-flow per the Uniform Fire Code Appendix III-A to service the project.
Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A
2. Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
All roads shall have a fuming radius of 28' inside and 48' outside.
4. All access roads within the proj ect shall have a clear driving surface with a minimum
width of 20' available at all times. UFC 902.2.2.1
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING APPLICATION FOR
ANNEXATION AND ZONING MONTWE MEDICAL CLINIC (AZ-03-004)
PAGE 5 OF 16
5. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins. UFC 901.4.2 & 901.3
6. W e would request that the private road be given a name and the property addressed off
of that street.
Provide a vertical clearance of 13'6" in drive thru areas.
D. Adopt the Recommendations/Comments of Sanitary Service as follows:
Is it possible for the service vehicle to approach or exit the water enclosure on the
south side of the facility, vehicles aze 9' wide and 38' feet long.
2. No enclosure plans have been submitted.
12. The Comprehensive Plan depicts the subject property as "Commercial" on the Future
Land Use Map, allowing the applicant to request an L-O (Limited Office) zoning designation and
remain in compliance with the Comprehensive Plan. It is found that the requested medical office
use is in compliance with the adopted Comprehensive Plan.
13. It is not anticipated that the applicant intends to rezone the subject property in the
future.
14. It is found that the proposed medical office/clinic will be allowed as a permitted use
within the requested L-O zone.
15. The recently approved (8/02) Comprehensive Plan depicts the entire Montvue
Subdivision as future commercial land. Many ofthe home owners within the Montvue Subdivision
testified at public hearings for the Comprehensive Plan that they wanted a commercial designation
for the entire subdivision and the City agreed with them.
Montvue Subdivision has only one (1) point of ingress and egress, located on Eagle Road,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING APPLICATION FOR
ANNEXATION AND ZONING MONTWE MEDICAL CLINIC (AZ-03-004)
PAGE 6 OF 16
approximately 320' south of Franklin. This entrance into the subdivision is not easily accessible to
vehicles traveling south on Eagle Road due to the high number of vehicles that stack up at the
Franklin and Eagle intersection. Additionally, it is very difficult to make a left hand turn out of the
subdivision onto Eagle Road. The proposed annexation would provide a secondary vehicular
connection to Eagle Road from the Montvue Subdivision. The traffic light located at St. Luke's
Drive and Eagle Road will help facilitate traffic movement for the existing residential and future
commercial traffic.
St. Luke's and other medical uses are located within the same area and have been developed
or proposed in a similar fashion to the proposed annexation.
Review of the St. Luke's private drive history within the ACRD report on pages 3-6 provides
additional information regarding the surrounding developments.
16. It is found that the proposed medical use will be designed appropriately to match with
the intended character of the general vicinity. The two story office building is different from the
adjacent single family houses; however, it is designed to be harmonious with the St. Luke's buildings
on the south side of the subject property. The proposed change in the existing character ofthe area is
in harmony with the intended future land use envisioned by the Comprehensive Plan.
17. It is not anticipated that the proposed medical office use will be hazardous or
disturbing to future or existing neighbors, as long as the recommended conditions of approval are
complied with.
The proposed private street will connect to a public street (Montvue Drive) to a private street
(St. Luke's Drive) and will create additional vehicle trips into and out of the subdivision across the
new private street. One by-product of the new road, whether it is constructed as a private road or
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING APPLICATION FOR
ANNEXATION AND ZONING MONTV[JE MEDICAL CLINIC (AZ-03-004)
PAGE 7 OF 16
public road, will be the possible use of the road for cut-through traffic. In the near future Montvue
Subdivision will connect with the Touchmark Senior Housing Project to the west, therebyproviding
access to Franklin Road. The roadway, when complete, will allow motorists to avoid the Eagle and
Franklin intersection by cutting through the Montvue Subdivision.
The increase in traffic may be disturbing to the homeowners near the subject property, but the
increase of traffic near the subject property will not be a result of the proposed use, as most motorists
will use St. Luke's private drive to access the subject property and not enter the subdivision. Future
commercial uses within Montvue will have a greater impact on the number of vehicles within the
subdivision.
18. It is found that the property to be annexed will be served adequately by all essential
public facilities and services. Applicant shall be required to extend water and sanitary sewer mains
to and through the proposed development, thereby making them available to the adjacent properties.
Review of the ACHD and Fire Department's comments concerning this subdivision will provide
further information regarding public services when the property develops.
19. It is found that there will not be excessive additional requirements at public cost and
that the annexation and zoning will not be detrimental to the community's economic welfare.
20. It is found that the proposed annexation and use will not create excessive traffic, noise
or other nuisances that would be detrimental to the general welfare ofthe surrounding area. The fact
is also that traffic will increase on St. Luke's private road and that is an issue that will need to be
worked out between the Neighborhood and the Hospital. I t i s not anticipated that the traffic
generated by the proposed office use will be detrimental to the public welfare of the city.
21. It is found that the new private street connection between the hospital and the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING APPLICATION FOR
ANNEXATION AND ZONING MONTVLTE MEDICAL CLIlVIC (AZ-03-004)
PAGE 8 OF 16
neighborhood will help to reduce the existing problem of accessing Montvue Subdivision by
providing a secondary access controlled by an intersection. The access to the office will affect traffic
on the existing private street and will impact the traffic light on Eagle Road. It is found that the
proposed use will not create significant interference, but the addition of other commercial uses
within the subdivision may create a burden on the public street system if improvements are not made
to the traffic light and Eagle Road.
Review of ACRD comments will provide concern of vehicular approaches and traffic
generation.
22. It is found that no natural or scenic features of major importance will be lost or
damaged by approving the annexation and re-zone. Any existing trees larger than 4"caliper that are
removed shall be mitigated for, per the Landscape Ordinance.
23. It is found that the annexation of this property would be in the best interest of the
City.
24. 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. 11, and all sub-parts, the
economic welfare of the City and its residents and tax and rate payers will be protected, a
condition of annexation and zoning designation.
25. It is also found that the development considerations as referenced in Finding No.
11 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING APPLICATION FOR
ANNEXATION AND ZONING MONTVIIE MEDICAL CLINIC (AZ-03-004)
PAGE 9 OF 16
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, glaze and odors.
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 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 the Amended Comprehensive Plan City of Meridian adopted August 6, 2002,
Resolution No. 02-382.
4. The following aze found to be pertinent provisions of the City of Meridian
Comprehensive Plan and are applicable to this Application:
Goals 1 through 10, inclusive.
5. The zoning of Medium DensityResidential (R-8) is defined in the Zoning Ordinance
at § 11-7-2 D as follows:
(L-Ol Limited Office District: The purpose of the L-O District is to permit the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING APPLICATION FOR
ANNEXATION AND ZONING MONTVIJE MEDICAL CLINIC (AZ-03-004)
PAGE 10 OF 16
establishment of groupings of professional, research, executive, administrative,
accounting, clerical, stenographic, public service and similar uses. Research uses shall not
involve heavy testing operations of any kind or product manufacturing of such a nature to
create noise, vibration or emissions of a nature offensive to the overall purpose of this
District. The L-O District is designed to act as a buffer between other more intense
nonresidential uses and high density residential uses, and is thus a transitional use.
Connection to the Municipal water and sewer system of the City is a requirement in this
District.
6. 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).
7. 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, and Zoning and
Subdivision and Development Ordinance of the City of Meridian.
8. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner
and/or developer shall enter into a Development Agreement, if such is required by the City.
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:
The applicant's request for annexation and zoning of approximately 1.37 acres to
Limited Office (L-O) is granted subject to the terms and conditions of this Order hereina8er stated.
2. The application is for annexation and zoning of 1.37 acres. The legal description
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING APPLICATION FOR
ANNEXATION AND ZONING MONTVCTE MEDICAL CLINIC (AZ-03-004)
PAGE 11 OF 16
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.
Developer shall be required to met the conditions set forth and in the event the
conditions herein 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:
A. Adopt the Recommendafions of the Meridian Planning & Zoning Department as follows:
Annexation and Zoning Conditions of Approval
1. Remove any existing domestic wells and/or septic systems within this project from
their domestic service, per City Ordinance Section 5-7-517, when services are available from
the City of Meridian. Wells may be used for non-domestic purposes such as landscape
irrigation.
2. All future development or re-development of the subject property shall be in
accordance with City of Meridian ordinances in effect at the time of development. A CZC
shall be required from the City prior to re-development of the subject property to a use
permitted within the L-O zone. All other uses of the property maybe allowed only upon
approval of a conditional use pernrit.
3. A Development Agreement shall be required for this annexation and shall address
uses and other development impacts of the property and include language similar to other
development agreements in an L-O zone. The agreement shall require the building
construction and site layout to be in substantial conformance with the site plan presented
with the application. A minimum 29-foot wide, permanent, open, vehicular roadway
connecting S. Montvue Drive with St. Luke's Drive must be constructed prior to any
Certificate of Occupancy issued on the site. (Revised per City Council's action taken at
their May 6, 2003 meeting.)
4. The applicant shall be required to construct sanitary sewer and water mains in the
private road to comply with the "to and through" policy of the City of Meridian. Proper
easements will be required over the utility locations.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING APPLICATION FOR
ANNEXATION AND ZONING MONTV[JE MEDICAL CLIIdIC (AZ-03-004)
PAGE 12 OF 16
B. Adopt the Recommendations of ACHD as follows:
Anticipated Site-Specific Conditions
The following conditions are intended to cover the District policies that will pertain to
any development proposal for this site. Upon the receipt of a development application in
the future for this site the District intends to include the following conditions and may
add additional conditions that may also apply to this site.
1. Dedicate an additional 7-feet ofright-of--way for Montvue Drive abutting the site and
widen Montvue Drive abutting the site to one-half of a 40-foot street section and
construct curb, gutter and sidewalk.
2. Construct any driveways on Montvue Drive a minimum of 50-feet from any
intersection. Any driveways on Montvue Drive should be constructed to be a
maximum of 35-feet wide. Pave any driveway(s) abutting public streets to their full
width and at least 30-feet into the site beyond the edge of pavement of Montvue
Drive.
3. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING APPLICATION FOR
ANNEXATION AND ZONING MONTWE MEDICAL CLINIC (AZ-03-004)
PAGE 13 OF 16
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. 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 #197, 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. Existing utilities damaged by the applicant shall be repaired by the applicant
at no cost to ACHD. 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 ACHD Traffic Operations 387-6190 in the event any
ACRD conduits (spaze 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 propertyunless 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.
C. Adopt the Recommendations of the Meridian Fire Department as follows:
Provide afire-flow per the Uniform Fire Code Appendix III-A to service the project.
Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A
2. Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
3. All roads shall have a fuming radius of 28' inside and 48' outside.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING APPLICATION FOR
ANNEXATION AND ZONING MONTV[TE MEDICAL CLINIC (AZ-03-004)
PAGE 14 OF 16
4. All access roads within the project shall have a clear driving surface with a minimum
width of 20' available at all times. UFC 902.2.2.1
5. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins. UFC 901.4.2 & 901.3
6. We would request that the private road be given a name and the property addressed off
of that street.
7. Provide a vertical clearance of 13'6" in drive thru areas.
D. Adopt the Recommendations/Comments of Sanitary Service as follows:
1. Is it possible for the service vehicle to approach or exit the water enclosure on the
south side of the facility, vehicles are 9' wide and 38' feet long.
2. No enclosure plans have been submitted.
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 subj ect of the
application to (L-O) Limited Office District, and Meridian City Code § 11-7-2.
5. Subsequent to the passage of the Ordinance provided for in section 4 ofthis 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.
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 maybe 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING APPLICATION FOR
ANNEXATION AND ZONING MONTV[IE MEDICAL CLINIC (AZ-03-004)
PAGE 15 OF 16
provided by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the ~ day of
~'l,~lAk , 2003.
ROLL CALL
COUNCLMAN KEITH BIRD
COUNCII,WOMAN TAMMY deWEERD
COUNCILWOMAN CHERIE Mc LANDLESS
COUNCILMAN WILLIAM L.M. NARY
MAYOR ROBERT D. LOBATE (TIE BREAKER)
DATED: 5 - `LO-03
MOTION:
APPROVED: DISAPPROVED:
Attest:
William G. Berg, 7r., City Clerk
Copy served upon Applicant, the
the City Attorney.
By: ~'10J1 d~ \ C
City Clerk
VOTED ~- ~l
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FINDINGS OF FACT AND CONCLUS~10-~~.'A~`W AND
DECISION AND ORDER GRANTING APPLICATION FOR
ANNEXATION AND ZONING MONTVUE MEDICAL CLINIC (AZ-03-004)
PAGE 16 OF 16