HomeMy WebLinkAboutBear Creek 6 RZ 03-006BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 06-03-03
IN THE MATTER OF THE
REQUEST FOR REZONE OF 3.41
ACRES FOR BEAR CREEK NO.6
FROM R-4 TO R-8, LOCATED
WEST OF SOUTH MERIDIAN
ROAD AND SOUTH OF WEST
OVERLAND ROAD, MERIDIAN,
IDAHO
WESTPARK COMPANY,
Applicant.
Case No: RZ-03-006
FINDINGS OF FACT AND
CONCLUSIONS OF LAW,
DECISION AND ORDER
GRANTING APPLICATION FOR
REZONE
The above entitled matter on the rezoning application of 3.41 acres having come
on for public hearing on June 3, 2003 and continued until June 10, 2003, at the hour of 7:00
o'clock p.m., and Council having received the report of David McKinnon Planner II for the
Planning and Zoning Department, and Bruce Freckleton Engineering Technician III, and Anna
Powell Planning Director for the Planning and Zoning Department, and Steve Amold, appeared
and testified, and the Council having received the record of this matter made before the Planning
and Zoning Commission, and having received their Recommendation to the City Council, and
the City Council having duly considered the evidence and the record in this matter therefore
makes the following Findings of Fact and Conclusions of Law, Decision and Order:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 3.41 ACRES FROM R-4 TO R-8 '
BY: WESTPARK COMPANY FOR BEAR CREEK N0.6 - / (RZ-03-006)
PAGE 1 OF 16
FINDINGS OF FACT
The notice of public hearing on the application for rezoning was published
for two (2) consecutive weeks prior to said public hearing scheduled for June 3, 2003 and
continued until June 10, 2003, before the City Council, the first publication appearing and
written notice having been mailed to property owners or purchasers of record within three
hundred feet (300') of the external boundaries of the property under consideration more than
fifteen (15) days prior to said hearing and with the notice of public hearing having been posted
upon the property under consideration more than one week before said hearing; and that copies
of all notices were made available to newspaper, radio and television stations as public service
announcements; and the matter having been duly considered by the City Council at the June 3,
2003 and continued until Tune 10, 2003, public hearing; and the applicant, affected property
owners, and government subdivisions providing services within the planning jurisdiction of the
City of Meridian, having been given full opportunity to express comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set
forth in Idaho Code §§67-6509 and 67-6511, and Meridian City Code §§11-15-5 and 11-16-1.
3. The City Council takes judicial notice of its zoning, subdivisions and
development ordinances codified at Meridian City Code Title 11 and Title 12, and all current
zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian adopted
August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact
Area Boundary.
4. The property is approximately 3.41 acres in size and is located west of
Meridian Road, south of Overland Road, Meridian, Idaho, and said legal description is on file
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 3.41 ACRES FROM R-4 TO R-S
BY: WESTPARK COMPANY FOR BEAR CREEK N0.6 - / (RZ-03-006)
PAGE 2 OF 16
with the Clerk's office at Meridian City Hall, 33 East Idaho, Meridian, Idaho.
5. The owner of record of the subject property is Westpark Company, 660 E.
Franklin, Ste. 240, Meridian, Idaho.
6. The Applicant is same as owner of record.
The property is presently zoned as R-4, and consists of vacant land.
8. The Applicant requests the property be rezoned to R-8.
9. The proposed site is bordered to the north by Bear Creek Subdivision
(zoned R-4), to the south by vacant land owned by the Valley Shepherd Church (zoned R-8), to
the east by Edmunds Subdivision (zoned RUT, Ada County), and to the west by Bear Creek
Subdivision (zoned R-4).
10. The subject property is within the Area of Impact of the City of Meridian.
11. The entire parcel of the property is included within the Meridian Urban
Service Planning Area as defined in the Meridian Comprehensive Plan.
12. The Applicant proposes to develop the subject property in the following
manner: Single-family residential subdivision.
13. The Applicant's requested rezoning of the subject real property as R-8
which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which
designates the subject property as Low Density Residential and allows for one step up/down in
density.
14. There are no significant or scenic features of major importance that affect
the consideration of this application.
15. hi review of the application for rezone it is provided at Meridian
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 3.41 ACRES FROM R-4 TO R-S
BY: WESTPARK COMPANY FOR BEAR CREEK N0.6 - / (RZ-03-006)
PAGE 3 OF 16
City Code § 11-15-11 for the General Standards that the Commission and Council review this
proposed zoning amendment and pursuant to the criteria of said section finds that:
15.1 The new zoning will be harmonious with and in accordance with the
Comprehensive Plan;
15.2 The area included in the zoning amendment is not intended to be rezoned
in the future;
15.3 The proposed use will be designed, constructed, operated and maintained
to be harmonious and appropriate in appeazance with the existing or
intended character of the general vicinity and that such use will not change
the essential character of the same area, subject to the conditions of the
conditional use process;
15.4 The proposed use will not be hazardous or disturbing to existing or future
neighboring uses, subject to the conditions of the conditional use process;
15.5 The area will be served adequately by essential public facilities and
services such as highways, streets, police and fire protection, drainage
structures, refuse disposal, water, sewer or that the person responsible for
the establishment of proposed zoning amendment shall be able to provide
adequately any of such services;
15.6 The use will not create excessive additional requirements at public cost for
public facilities and services and will not be detrimental to the economic
welfare of the community;
15.7 The use will not involve uses, activities, processes, materials, equipment
and conditions of operation that will be detrimental to any persons,
property or the general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors;
15.8 The area will have vehiculaz approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding public
streets;
15.9 The use will not result in the destruction, loss or damage of a natural or
scenic feature of major importance; and
15.10 The proposed zoning will be in the best interest of the City of Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 3.41 ACRES FROM R-4 TO R-8
BY: WESTPARK COMPANY FOR BEAR CREEK N0.6 - / (RZ-03-006)
PAGE 4 OF 16
15.2 Staff conditions provide as follows:
A. Adopt the Recommendations of the Meridian Planning & Zoning Department as
follows:
RE-ZONE COMMENTS
1. Revise the legal descriptions for the Kodiak Subdivision and the Valley Shepard
Church's Development Agreements. The revised Development Agreements shall be recorded
prior to the recordation of the final plat.
2. The annexation of the "Kodiak" property shall be completed prior to City Council
approval of the rezone and preliminary plat.
B. Adopt the Recommendations of the ACHD as follows:
Site Specific Conditions ofApuroval
1. Comply with requirements of ITD for State Highway 69 (Meridian Road)
frontage. Submit to the District a letter from ITD regarding said requirements prior to
District approval of the final plat or issuance of a building permit (or other required
permits), whichever occurs first. Contact District III Traffic Engineer at 334-8340.
2. Construct West Cub Street as a 36-feet street section with curb, gutter and
sidewalk within 50-feet ofright-of--way as proposed.
3. Construct South Ice Bear Way as a 36-feet street section with curb, gutter and
sidewalk within 50-feet ofright-of--way as proposed.
4. Construct South Alaska Way located between Lot 24, Block 9 and Lot 2Q Block
22 as proposed. South Alaska Way shall be constructed as 36-foot street sections with
curb, gutter and sidewalks within 50-feet ofright-of--way. Install a sign at the terminus of
the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
5. Comply with all Standard Conditions of Approval.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 3.41 ACRES FROM R-4 TO R-8
BY: WESTPARK COMPANY FOR BEAR CREEK N0. 6 - / (RZ-03-006)
PAGE 5 OF 16
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 years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at 387-
6258 (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 ACRD Ordinances unless specifically waived
herein. An engineer registered in the State of Idaho shall prepare and certify all
improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required design
changes.
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. The applicant at no cost to ACHD shall repair existing utilities damaged by
the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least
two full business days prior to breaking ground within ACHD right-of--way. The
applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD
conduits (spare or filled) are compromised during any phase of construction.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 3.41 ACRES FROM R-4 TO R-8
BY: WESTPARK COMPANY FOR BEAR CREEK N0.6 - / (RZ-03-006)
PAGE 6 OF 16
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:
1. That afire-flow of 1,000 gallons per minute be available to service the entire project.
Fire hydrants shall be placed an average of 500' apart. 1997 UFC Appendix III-A
2. Operational fire hydrants and temporary or permanent street signs aze required before
combustible construction begins. UFC 901.4.2 & 901.3
3. Acceptance of water supply for fire protection is contingent upon acceptance of the
water system by the City of Meridian for water quality.
4. All radii shall be 28' inside and 48' outside radius.
5. Any dead-end exceeding 150' in length as the result of a phasing process will require an
approved turn-around.
16. It is found that the requested zoning designation of R-8 is harmonious with and in
accordance with the effective Comprehensive Plan (02') and Future Land Use Map which
designates the subject property as Medium Density Residential (3 to 8 dwelling units per acre)
and Low Density Residential (up to 3 dwelling units per acre). The project has a gross density of
3.25 dwelling units per acre.
17. It is not anticipated that the applicant intends to rezone the subject property
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 3.41 ACRES FROM R-4 TO R-S
BY: WESTPARK COMPANY FOR BEAR CREEK N0.6 - / (RZ-03-006)
PAGE 7 OF 16
again in the future.
18. It is found that the proposed single-family residential development will be a
permitted use within the requested R-8 zone.
19. It is found that land to the west and north has already been developed in a
manner similar to the proposed subdivision. The surrounding subdivisions are zoned R-4.
ACHD has reviewed and approved the proposed subdivision (with conditions). ITD is the
agency responsible for the frontage improvements on Meridian Road, and review of ITD
comments will provide additional information concerning SH 69.
20. It is found that the proposed use (single-family residential) is designed
appropriately to match with the existing and intended character of the general vicinity. The
proposed changes to the existing character of the area are in harmony with the intended future
land use envisioned by the Comprehensive Plan.
21. It is found that the proposed residential use will not be hazardous or disturbing
to existing or future neighboring uses, as long as the recommended conditions of approval are
complied with.
22. It is found that the property to annexed can be served adequately by al essential
public services and facilities.
23. 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.
24. It is found that the proposed subdivision will not create excessive traffic, noise
or other nuisances that would be detrimental to the general welfare of the surrounding area. It is
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 3.41 ACRES FROM R-4 TO R-8
BY: WESTPARK COMPANY FOR BEAR CREEK NO. 6 - / (RZ-03-006)
PAGE 8 OF 16
recognized that traffic and noise will increase with the approval of this subdivision, however, it is
not felt that the amount generated will be detrimental to the public welfare of the city.
25. It is found that the subdivision's vehicular approach located within the
previously approved Bear Creek Subdivision will not create interference with traffic on
surrounding roads. Review of the ACHD report will provide comments concerning vehicular
approaches and traffic generation.
26. It is not found that any natural or scenic feature will be lost, damaged or
destroyed by approval of this rezone. Any existing trees larger than 4" caliper that aze removed
shall be mitigated for, per the Landscape Ordinance.
27. It is also found that the zoning amendment would be in the best interest of the
City.
CONCLUSIONS OF LAW
The Council may take judicial notice of government ordinances, and
policies, and of actual conditions existing within the City and State.
2. The City of Meridian has exercised its authority and responsibility as
provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho
Code by the adoption of the Amended Comprehensive Plan City of Meridian adopted August 6,
2002, Resolution No. 02-382.
3. The requested zoning of Medium Density Residential District, (R-8) is defined in
the Zoning Ordinance at 11-7-2 D as follows:
(R-8) Medium Density Residential District: The purpose of the R-8 District is to permit
the establishment of single- and two-family dwellings at a density not exceeding eight (8)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 3.41 ACRES FROM R-4 TO R-8
BY: WESTPARK COMPANY FOR BEAR CREEK NO. 6 - / (RZ-03-006)
PAGE 9 OF 16
dwelling units per acre. This District delineates those areas where such development has
or is likely to occur in accord with the Comprehensive Plan of the City and is also
designed to permit the conversion of large homes into two-family dwellings in well-
established neighborhoods of comparable land use. Connection to the Municipal water
and sewer systems of the City is required.
4. Idaho Code § 67-6511 provides and requires that the City shall establish by
ordinance one or more zones or zoning districts in accordance with the adopted Comprehensive
Plan and the ordinance establishing zoning districts can be amended with particular consideration
given to the effects of any proposed zone change upon the delivery of services by any political
subdivision providing public services, including school districts, within the City's planning
jurisdiction and that it is in conformance with the Comprehensive Plan.
Idaho Code § 67-6511A provides:
Each governing board may, by ordinance adopted or amended in accordance with the
notice and hearing provisions provided under section 67-6509, Idaho Code, require or
permit as a condition of rezoning that an owner or developer make a written commitment
concerning the use or development of the subject parcel. The governing board shall adopt
ordinance provisions governing the creation, form, recording, modification, enforcement
and termination of conditional commitments.
6. The City of Meridian by the adoption of Meridian City Code § 11-15-12 has
exercised its authority to require or permit as a condition of rezoning that an owner or developer
make a written commitment concerning the use or development of the subject property.
7. § 11-6-1 ZONING DISTRICT MAP provides in part as follows:
The districts established in this Ordinance as shown on the Official Zoning Map, together
with all explanatory matter thereon, are hereby adopted as part of this Ordinance. Where
uncertainty exists with respect to the boundaries of any of the zoning districts as shown
on the Official Zoning Map, the following shall apply:
7.1 Where district boundaries are indicated as approximately
following the centerline of street lines, highway right-of--way lines, streams, lakes
or other bodies of water, the centerline shall be construed to be such boundary;
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 3.41 ACRES FROM R-4 TO R-8
BY: WESTPARK COMPANY FOR BEAR CREEK N0.6 - / (RZ-03-006)
PAGE 10 OF 16
7.2 Where district boundaries are so indicated that they approximately follow the lot
lines, such lot lines shall be construed to be said boundaries;
7.3 Where district boundaries are so indicated that they are approximately pazallel to
the centerlines or street lines of streets, or the centerlines orright-of--way lines of
highways, such district boundaries shall be construed as being parallel thereto and
at such distance therefrom as indicated on the Official Zoning Map. If no distance
is given, such dimensions shall be determined by the use of the scale shown on the
Official Zoning Map; and
7.4 Where the boundary of a district follows a railroad line, such boundary shall be
deemed to be located in the middle of the main tracks of said railroad line.
8. § 11-15-1 lof the Meridian City Code GENERAL STANDARDS
APPLICABLE TO ZONING AMENDMENTS provides in part as follows:
The Commission and Council shall review the particular facts and circumstances of each
proposed zoning amendment in terms of the following standards and shall fmd adequate
evidence answering the following questions about the proposed zoning amendment:
8.1 The new zoning will be harmonious with and in accordance with the
Comprehensive Plan.
8.2 The area is not intended to be rezoned in the future.
8.3 The area is intended to be developed in the fashion that is allowed under the new
zoning.
8.4 There has been no change in the area or adjacent areas which would dictate the
area should be rezoned.
8.5 The proposed uses will be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance with the existing or intended character
of the general vicinity and that such use will not change the essential character of
the same area;
8.6 The proposed uses will not be hazazdous or disturbing to existing or future
neighboring uses;
8.7 The azea will be served adequately by essential public facilities and services such
as highways, streets, police and fire protection, drainage structures, refuse
disposal, water, sewer or that the person responsible for the establishment of
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 3.41 ACRES FROM R-4 TO R-8
BY: WESTPARK COMPANY FOR BEAR CREEK N0.6 - / (RZ-03-006)
PAGE 11 OF 16
proposed zoning amendment shall be able to provide adequately any of such
services;
8.8 The use will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of the
community;
8.9 The proposed uses will not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any persons,
property or the general welfare by reason of excessive production of traffic, noise,
smoke, fumes, glare or odors;
8.10 The area will have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding public streets;
8.11 The use will not result in the destruction, loss or damage of a natural or scenic
feature of major importance; and
8.12 The proposed zoning amendment is in the best interest of the City of Meridian.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN ADOPTED, the Ciry
Council does hereby Order and this does Order:
The Applicant's request for rezone of approximately 3.41 acres as asingle-family
residential subdivision, subject to the terms and conditions of this Order hereinafter stated; and
2. The following special tenns and conditions of use and development relate to this
application to-wit:
A. Adopt the Recommendations of the Meridian Planning & Zoning Department as
follows:
RE-ZONE COMMENTS
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 3.41 ACRES FROM R-4 TO R-S
BY: WESTPARK COMPANY FOR BEAR CREEK N0.6 - / (RZ-03-006)
PAGE 12 OF 16
1. Revise the legal descriptions for the Kodiak Subdivision and the Valley Shepard
Church's Development Agreements. The revised Development Agreements shall be recorded
prior to the recordation of the final plat.
2. The annexation of the "Kodiak" property shall be completed prior to City Council
approval of the rezone and preliminary plat.
B. Adopt the Recommendations of the ACHD as follows:
Site Specific Conditions of Annroval
1. Comply with requirements of TI'D for State Highway 69 (Meridian Road)
frontage. Submit to the District a letter from ITD regarding said requirements prior to
District approval of the final plat or issuance of a building permit (or other required
permits), whichever occurs first. Contact District III Traffic Engineer at 334-8340.
2. Construct West Cub Street as a 36-feet street section with curb, gutter and
sidewalk within 50-feet ofright-of--way as proposed.
3. Construct South Ice Bear Way as a 36-feet street section with curb, gutter and
sidewalk within 50-feet ofright-of--way as proposed.
4. Construct South Alaska Way located between Lot 24, Block 9 and Lot 20, Block
22 as proposed. South Alaska Way shall be constructed as 36-foot street sections with
curb, gutter and sidewalks within 50-feet ofright-of--way. Install a sign at the terminus of
the roadway stating that, "THIS ROAD WILL BE EXTENDED 1N THE FUTURE".
5. Comply with all Standard Conditions of Approval.
Standard Conditions of Ap rn oval
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 3.41 ACRES FROM R-4 TO R-8
BY: WESTPARK COMPANY FOR BEAR CREEK N0.6 - / (RZ-03-006)
PAGE 13 OF 16
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at 387-
6258 (with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements, Construction
Services procedures and all applicable ACHD Ordinances unless specifically waived
herein. An engineer registered in the State of Idaho shall prepare and certify all
improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required design
changes.
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. The applicant at no cost to ACHD shall repair existing utilities damaged by
the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least
two full business days prior to breaking ground within ACHD right-of--way. The
applicant shall contact 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 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 3.41 ACRES FROM R-4 TO R-8
BY: WESTPARK COMPANY FOR BEAR CREEK N0.6 - / (RZ-03-006)
PAGE 14 OF 16
C. Adopt the Recommendations of the Meridian Fire Department as follows:
1. That afire-flow of 1,000 gallons per minute be available to service the entire project.
Fire hydrants shall be placed an average of 500' apart. 1997 UFC Appendix III-A
2. Operational fire hydrants and temporary or permanent street signs are required before
cembusfible construction begins. UFC 901.4.2 & 901.3
3. Acceptance of water supply for fire protection is contingent upon acceptance of the
water system by the City of Meridian for water quality.
4. All radii shall be 28' inside and 48' outside radius.
5. Any dead-end exceeding 150' in length as the result of a phasing process will require
an approved turn-around.
3. The City Attorney shall prepare for consideration by the City Council the
appropriate ordinance forthe re-designation of the zoning for the real property which is the
subject of the application to (R-8) Medium Density Residential District (Meridian City Code §
11-7-2 D) which ordinance shall be considered for passage.
4. Subsequent to the passage of the Ordinance, provided for in Section 2 of this
Order, the engineering staff of the Public Works Department shall prepare the appropriate
mapping changes of the official Zoning Maps as provided in Meridian City Code § 11-21-1 in
accordance with the provisions of the rezoning ordinance.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an
interest in real property which maybe adversely affected by the issuance or denial of the rezoning
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 3.41 ACRES FROM R-4 TO R-8
BY: WESTPARK COMPANY FOR BEAR CREEK N0.6 - / (RZ-03-006)
PAGE 15 OF 16
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 4~~G~ c ~~, 2003.
ROLL CALL
COUNCILMAN KEITH BIRD VOTED
COUNCILWOMAN TAMMY deWEERD VOTED__~
COUNCILWOMAN CHERIE McCANDLESS VOTED ~/~~'~'+~`
COUNCILMAN WILLIAM L.M. NARY VOTED_~
MAYOR ROBERT CORRIE (TIE BREAKER) VOTED `-
DATED: ~-( D3
MOTION:
APPROVED:
DISAPPROVED:
i
_.
Mayor Robert D. Co,~,ie
Attest:
G. Berg, Jr., City
Copy served upon Applicant, the Planning and Zoning
and the City Attorney.
City Clerk
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 3.41 ACRES FROM R-4 TO R-8
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BY: WESTPARK COMPANY FOR BEAR CREEK NO.6 - / (RZ-03-006)
PAGE 16 OF 16