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HomeMy WebLinkAboutHartz, Matthew & Danita RZ i1~- • HUB OF TREASURE VALLEY Mayor ROBERT D. CORR[E A Good Place ti) Live LEGAL DEPARTMENT Council Mem rc CITY OF MERIDIAN P UBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTI-EY MERIDIAN, IDAHO 83642 (?os) 8s7-» 1 i RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD DEPARTMENT TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: .May 4, 1999 TRANSMITTAL DATE:_ March 18, 1999 HEARING DATE: May 11, 1999 FILE NUMBER: RZ-99-004 REQUEST: REZONE OF .323 ACRES FROM R-15 TO L-O BY: MATTHEW 8~ DANITA HARTZ LOCATION OF PROPERTY OR PROJECT: 1990 N MERIDIAN RD _ TAMMY DE WEERD P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C ~LENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO -POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) RECEIVETI . .,r°; MAR 2 4 1999 '' ~- ~'..F`.~ CITY OF MERIDIAN ~ -~ - YOUR CONCISE REMARKS: ~(/~_~~,,.,~~~ HUB OF TREASURE VALLEY Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live , , I_os> ssa-~_~a o.n it M mb rc CITY OF 1VIERIDIAN PUBLIC W"ORKS CHARLES ROUNTREE 33 EAST IDAIEIO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 ~~ ~^' ~ ~ ~ 8s~ ~~ 1 I RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 (~ (L. AND ZONING KEITH BIRD MAR ~ 9 1999D 08A84~ ;ENT City of iVleridian City Clerk Office TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: May 4, 1999 TRANSMITTAL DATE: March 18, 1999 HEARING DATE: May 11, 1999 FILE NUMBER: RZ-99-004 REQUEST: REZONE OF .323 ACRES FROM R-15 TO L-O BY: MATTHEW 8~ DANITA HARTZ LOCATION OF PROPERTY OR PROJECT: 1990 N MERIDIAN RD TAMMY DE WEERD P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) MARK NELSON, P/Z ADA COUNTY HIGHWAY DISTRICT BYRON SMITH, P/Z ADA PLANNING ASSOCIATION KEITH BORUP, P/Z CENTRAL DISTRICT HEALTH ROBERT CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RON ANDERSON, C/C SETTLERS IRRIGATION DISTRICT CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) _KEITH BIRD, C/C U.S. WEST(PRELIM & FINAL PLAT) GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL) SEWER DEPARTMENT IDAHO TRANSPORTATION DEPARTMENT BUILDING DEPARTMENT ADA COUNTY (ANNEXATION) FIRE DEPARTMENT /~,, (~ _POLICE DEPARTMENT ~~ I ~ YOUR CONCISE REMARKS: `~ _I CITY ATTORNEY CITY ENGINEER ; S i,~,, i.v4 w ~ L L. N~`~ ~ CITY PLANNER ~ $, J~\w-~ rnti~-v CENTRAL CEN~AL DISTRICT HEALTH DEPAR111RENT •• DISTRICT Environmental Health Division H EA LT H Return Boise DEPARTMENT ^ Eagle 323 C~c~ ~ ~-/,S'- ~_ D ^ Garden city Rezone # ,~C] Meridian Conditional Use # ^ Kuna Preliminary /Final /Short Plat ^ ACZ ~~~(JL1V-~7~ ,~ I . We have No Objections to this Proposal. MAR 2 ~ 1999 ^ 2. We recommend Denial of this Proposal. pity of 1l7eri~!ia~ ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ^ 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ^ central sewage ^ community sewage system ^ community water well ^ interim sewage ^ central water ^ individual sewage ^ individual water ^ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water ^ 10. Street Runoff is not to create a mosquito breeding problem. ^ I I. Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rules. ^ Groundwater Protection ^ 12. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 14. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store ^ 15. Date: ~ / Z,3 / 9 Reviewed By: ~/1~ Review Sheet CDND ID/91 rcb, rev. I/95 ~' r RECD=~~ MAR 3 1 1999 CITY OF iVIERIDIAN ~. I 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 City Of Merid~ar- 33 Fast Idaho Meridian, ID 83642 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Re: RZr99-004 Rezone of .323 Acres mom R-15 to LO for Matthew & Danita Hartz Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the above referenced application. sincerely, ~ f ~ ~- Bill Henson, Asst. water superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH:dln cc: File -Shop File -Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 30 March 1999 ~ ` MERIDIAN PLANNING AND ZONING MEETING: MAY 11 1999 APPLICANT: MATTHEW ~ DANITA HARTZ ITEM NUMBER:,~11 REQUEST: REZONE OF 323 ACRES (FROM R-15 TO E-Ol AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORN EY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS REVIEWED SEE ATTACHED COMMENTS REVIEWED ~,v 0" REVIEWED REVIEWED JQ ~~ OTHER: All Materials presented at public meetings shall become property of the City of Meridi~nn ~n~1/ ,~ •, ` ~~~. - g pia ~~~- ~ ~~~~ - ~' 'YY~~ U ~ ~ / I~ • ~ May 11, 1999 To: Shari Stiles, P&Z Administrator Bruce Freckleton, Assistant to City Engineer From: Matthew & Danita Hartz Reference: File #RZ-99-004 Dear Ms. Stiles and Mr. Freckleton R~c~~D ~~~~~ MAY 1 1 1999 City of iVferi~ian ~',ity (`terk Cf'fic<;: This letter is to notify you that we have reviewed the general comments, requirements, and site specific comments in your memorandum dated May 7 and will agree to the conditions as specified. Thank you, -; ~ ;- ~~~~ r' ~ ' ~ ~~`~~ /i Matthew & Dania Hartz NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on June 15, 1999, for the purpose of reviewing and considering the application of Matthew & Danita Hartz for rezone of .323 acres of land, which is generally located at 1990 N. Meridian Road, Meridian, Idaho. The application requests a zone change from R-15 to L-O. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 24th day of May, 1999. WILLIAM G. BERG, JR., LERK y~~~~~eee~tlltllrfrff f~j'+ PUBLISH May 26 and June 9, 1999. ,~~•*'~~t ~ ~~'r~4i * t3- •. :A ~ ~: ~w .: w s 1 7 ,~ O O O 0 0 N V O O TI ~D ~D r+ -~ ~ ~ . ~O N t0 ~ Z r• m~ ~~ vo c- ~z ~v v <_ nm z~ ~_ n D~ ~N ** TX CONFIRt~N REPORT ** AS OF MAY 24 ~13~06 PAGE.01 CITY OF MERIDIAN DATE TIME TOiFROM 04 0524 13 06 208 888 1097 MODE MINiSEC PGS CMD#t STATUS EC--S 00'30" 001 252 OK NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on June 15, 1999, for the purpose of reviewing and considering the application of Matthew 8 Danita Hartz for rezone of .323 acres of land, which is generally located at 1990 N. Meridian Road, Meridian, Idaho. The application requests a zone change from R-15 to L-O. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 24"' day of May, 1999. PUBLISH May 26 and June 9, 1999. WILLIAM G. BERG, JR., LERK •~ a~'b BSAL ~' ~ ~~'~( ,J,~?~~~i~inin n~fN~`~~~~``,~ ~ ~ NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m. on May 11, 1999, for the purpose of reviewing and considering the application of Matthew & Danita Hartz for rezone of .323 acres of land, which is generally located at 1990 N. Meridian Road, Meridian, Idaho. The application requests a zone change from R-15 to L-O. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 19"' of April, 1999. G. BERG, JR. f,GIT6(CLERK PUBLISH Aprit 21 & May 5, 1999. ,~'``~~ aL ~' ~ w 9© T19'~• q ~~.. `` ** TX CONFIRt~N REPORT ** • AS OF APR 19 '99 11 40 PAGE.01 CITY OF MERIDIRN DATE TIME TOiFROM 07 04119 11 39 208 888 1097 MODE MINiSEC PGS CMDit STATUS EC--S 00'30" 001 128 OK NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m. on May 11, 1999, for the purpose of reviewing and considering the application of Matthew ~ Danita Hartz for rezone of .323 acres of land, which is generally located at 1990 N. Meridian Road, Meridian, Idaho. The application requests a zone change from R-15 to L-O. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony- DATED this 19~' of April, 1999. PUBLISH April 21 &~ May 5, 1999. .~` { OF ~~'''~ a` 81~.L L'. 9 y~T'~ .,~v~ ~ p~`~a • HUB OF TREASURE VALLEY Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live (208) 884-4264 b C il M CITY OF MERIDIAN PUBLIC WORKS ers ounc em BUILDING DEPARTMENT CHARLES ROUNTREE 33 EAST IDAHO (20g) 887-2211 GLENN BENTLEY MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING RON ANDERSON DEPARTMENT KEITH BIRD (208) 884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: May 4 1999 TRANSMITTAL DATE: March 18, 1.999 HEARING DATE: May 11, ~ 999 FILE NUMBER: RZ-99-004 REQUEST: REZONE OF .323 ACRES FROM R-15 TO L-O BY: MATTHEW & DANITA HARTZ LOCATION OF PROPERTY OR PROJECT: 1990 N MERIDIAN RD TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) -BUREAU OF RECLAMATION(PRELIM 8~ FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: • CITY OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 Phone: (208) 888-4433 Fax: (208) 887-4813 ~~~~~~~ CI'~Y nF ~'1I!IIIBIA~ ~3I~v~IN(ir ~e 7()I~~r 4 APPLICATION FOR ANNEXATION AND ZONING OR REZONE 'V PROPOSED NAME OF SUBDIcV~ISgION: GENERAL LOCATION: .~ 1 1 ~ ICI ~~T-~~~ ~ ~" ~ ~`~ TYPE (RESIDENTIAL, INDUSTRIAL, COMMERCIAL): ~~~ ~~~~ ~~ ACRES OF LAND IN PROPOSED ANNEXATION: ~. ~ 23 ~c.~Z~ PRESENT LAND USE: ~S i~~T ~ ~ ~- k ~ ~ ~ ~- c ~ STtZ~3<.~ O ~ PROPOSED LAND USE: MyS i ~- ~ ~ ST(L~; CT1 ~ ~ PRESENT ZONING DISTRICT: 1`. ( 5 PROPOSED ZONING DISTRICT: L' ~ ~ APPLICANT: ~v~~ti~ -~~ Z- PHONE: Z~'" $~ `E - ~3 ~ Z ADDRESS: i~- `lb nl M~~Ac 4-N ~-~ M.~ 2t'~r~~ j t ~ ~ ~~`{ Z ENGINEER, SURVEYOR, OR PLANNER:P~~~t~~ ~ i-tJl~`r-~- PHONE: ~~" ~ 5 - `ib`~~ ~ _ ~ 5~-~ ADDRESS: 1 l ~ ~ ~T'`'' 'moo ~~-- ~ i ~ 4331 o Z II~~ OWNER(S) OF RECORD: V '' ~c„3 "~~`~ ~ RN -rE} ~" ` ~-~4E(LTZ PHONE: 2`~'~ - ~~~ ' ~ ~t 'z.._ ADDRESS: !~i q o N ~-t~Z-r ~r r4t ~1 l2~ ~-i~-r~+ ~N r ~ ~~~`-F2_ .~~~~ ~ ~ ~d..~- Signature of Applic PLEASE PROVIDE THE FOLLOWING INFORMATION ON A SEPARATE SHEET OF PAPER AND/OR ON SEPARATE ATTACHMENTS Name, address, and phone number of applicant; 2. Name, address, and phone number of owner of subject property and proof of title of said owner (warranty deed). 3. Notarized request for zoning amendment from titled owner, successor of said owner, valid title option holder, or contract purchaser with consent from the titled owner if not requested by titled owner; 4. Legal description of property including all adjoining rights-of--way, railroads, roadways, highways and easements the full length of the property which is signed and stamped by a land surveyor registered in the State of Idaho; 5. Description of present land use; 6. Description of proposed land use; 7. Present zoning district and jurisdiction; 8. Proposed zoning district; 9. A statement describing the characteristics of subject property which make the zoning amendment desirable; 10. A statement outlining the necessity or desirability of development pertaining to the zoning amendment and its harmony with adjacent development; 11. A statement of how the proposed zoning amendment relates to the City of Meridian Comprehensive Plan. 12. One (1) map of scale of one (1) inch equals one hundred (100) feet of the property concerning the zoning amendment; 13. Thirty (30) copies of a vicinity map of a scale of one (1) inch equals three hundred (300) feet; 14. A list of the mailing addresses of all property owners within three hundred feet (300 of the external boundaries of the land being considered. This list can be obtained from the City of Meridian Planning & Zoning Department. Please request list seven days prior to submitting application. i • 15. A fee established by the Council; Less than 1 acre = $400.00. Over 1 acre = $400.00 plus $15.00 for each additional acre or portion thereof. In addition to above fee applicant shall pay cost of certified mailings at a rate of $1.73 per notice. Please double the mailing fee on this application. (All annexation & caning or rezone applications require two public hearings - 1 before Planning & Zoning Commission and 1 before City Council). 16. A signed affidavit stating that the property will be posted 1 week before the public hearing. Posting must contain name of applicant, description of zoning amendment, and time and date of public hearing. Official notices aze available at City Hall. 17. A signed affidavit stating the applicant has read the contents thereof and verifies that the information contained therein is true and correct. ~Xt-E~~ ;'Z' ~ ' S c`T~ ~~..PtN~ ~1( F~tg~'~ ~j `. ~F4c~~'OS dF S'i~'S ~T p (~R-D 0~.(2~( Ci • • ~ MATTf~W & DANITA HARTZ 1990 N MERIDIAN RD MERIDIAN, ID 83642 (208)884-8312 ~~:~. ~ ~ Z ~r . .~ A Pioneer C.omp"nY PIONEER TTiZ E COMPANY ~ ADA COt1NTY 8151 VY. Rifleman Ave 1 Boise. Idaho 83704 1(208) 377-2700 i""' ~~ P-161801 DK / CS WARRANTY DEED (IIiDit+mUAL) FOR VALUE RECEIVED DON BROWNING and BARBARA BROWNING, Husband and Wife Grantors . do hereby grant, bargain. sell aad oomey unto ~:**,'1'~s<>i>`A: ,~ Husband and Wife the Graatce s ,whose current address is: 1990 NOR2I1 MERIDIAN ROAD, MERIDIAN, ID 83642 the following destxibed real property in ADA County. State of ldabo, more pariiculary dac°bed as follows, to-wit: SES ATTACHBD "EXHIBIT A", WHICH BY THIS REFERENCE BECOMES A PART HEREOF, WHICH IS COMPRISED OF ONE (1) PAGE. 9 7 0 9 9 5 0 6 ' ,,,I~ ,,.r ,. .. ~~r~pRO .r:.,., gQiSE ID AlON=Efi rfTl.r: co '9? NUU 28 :~. . Pfl `~~ ~~ ti . ~ tL ~~ ~ 1~:: - _.. t cE _ {i~C(~`'.C': ;.. ._ .:...:.00057 OF TO HAVE AND TO HOLD the said premises, with their appwteoances unto the said Grantee aid ~~ hairs aml assigns forever. And the said Grantor ado hereby covenant to and with the said Oramee a .the Grantor s are the owner s ir- fee simple of said premises: that said premises are frees from ail encumb trances, E7C~ ~ ~ totoreservations, conveyanex is expressly made subject and those made. snfferai or done by restrictions. dedications, essenrents. rights of way and agreements, Cf any) of reeord, sad general ~ andthat~Gr~rmntor ( irrigation and utility assesarrteota, (if say) for the cotrattyear, which are not yet due and 1-aY will wammt a~ defend the same from all lawful claiaas whstsoever. Dated: Nonembe 26 , 1497 w DON BROWNING BARBARA DROWNING STATE OF T6AH0 ,County Of Adn , u• On this ~ .,"t,~r . in the year of_] 997 ,before roe nt nnw Kelloo° a~ blic, ~~ .,.,~" Y w iee®vs the pew ~~ ~ ~-- .-rr. subscrlbea w the within inawrn~nr, and . ~~ •~_gtecated the scene. • ...~ s - %'t` S; ~'UBL1G ~ *~ Notary Pnbtic: ~v' "'~ ~~~ 0~ Residing at: '+s~'f?~ ON I9~~s My Comminion F.xPires: ~ ~ ~ 3 03/08/99 We, Matthew & Danita Hartz, husband & wife, do hereby request a zoning change for a parcel of land that we own at 1990 N Meridian Road. The parcel number is: 87039001060 The property is presently zoned R-15 and we request that it be changed to L-O. Th9 c you, ~G' ~~ :.~t ~ _ _ _____ ACKNOWLEDGM~E~N~T -Individual STATE OF r~+~'/.L~Z~ County of ~ , ss. On t 11 ~i day of ~~,`~~~-~(~-(_'~- , in the year of _~, before me ,~7c~~,A /~' y~~i~~,.~. _ ,notary public know i~~riti i me to be the person _~ vvKose name ~ subscribed tot ' t, and acknowledged to me that he executed the sam _~ ''2~~A~1_~~~`~'~ Notary Public: -w~ ~ = AZ/81 ~G ,~ ~~ `_ Residing at: ,LC`~~~-~~-' ~~z~.;9~' `~~<s`', My Commission Expires: ~ ~ ~ ad~~` ,,,~ 0 F ..,.~ r ~ ii Quadrant Consulting, Inc. March I I , 1999 File Numtrer:Pt6t801 " L]OtIDI7' A " A TRACT OF LAND IN LOT 8 OF J.E. PFOST'S SUBDIVISION 1N LOT 6 Of SECTION 8, TOWNSHIP S NORTH, RANGE 1 EAST, 80ISE MERIDIAN, Al?A COUNTY] IDAHO, 1NORE PARTICULJIRLY DESCRIBED AS FOLLOtYS: COMMENCING A7 THE 'NEST OVAATER SECTION CORNER OF SECTION 6, TONMSHIP 3 NORTH, AANOE t EAST, 60ISE MERIDIAN, ADA COUNTY, IDAHO; THENCE SOUTH ALONG THE SECTION LINE 1323.98 FEET TO A RAILROAD SPIKE MARKING THE SOUTHWEST CORNER OF LOT is OF SAID SECTION 9; THENCE NORTH il4 DEGREES te' F.J~ST 90.00 FEET TO THE SOUTHYfEST CORNER OF lOT 8 OF THE ADAFCOUNTYSRECIOROEROS OfFICEi 80ISETHIOAHOICTHE REAL POINT OFON FILE IN BEGINNING; THENCE NORTH 88 DEGREES 18' EAST ALONG THE SOUTH BOUNDARY LINE OF SAID SUBDIVISION 170.40 FEET TO A POINT IN 5•MILE CREEK; THENCE NORTH ALONG S-MILE CREEK, 85.00 FEET TO A POINT; THENCE 501TiiS a9 DECREES 18' WEST 45.95 FEET TO A STEEL PIN; THENCE SOUTH 25.00 FEET TO A STEfI PIN; THENCE SOUTH 6@ DEGREES 1E' WES7 10.00 FEET TO A STEEL PIN; THENCE , NORTH 25.00 FEET TO A STEEL PIN; THENCE SOtlTH 89 DEGREES tS' WEST 114.65 FEET TO A STEEL PIN OH THE WEST LINE OF SAID LOT 8; THENCE SOUTH 85.00 FEET TO THE REAL POINT Of BEOINNINC. END OF LE6At DESClIIPTION THIS PROPERTY DESCRIPTION HAS BEEN PROVIDED BY THE CLIENT AND HAS BEEN VERIFIED FOR MATHEMATICAL CLOSURE. NO FIELD SURVEY HAS BEEN PERFORMED TO VERIFY THE LOCATION OF THE PROPERTY. i c~~~ .;~ a 405 S. 8th Street, Ste. 295 • Boise, ID 83702 • Phone (208) 342-0091 • Fax (208) 342-0092 • Internet: quadrant®micron.net Civil Engineering • Surveying • Construction Management 5. Description of present land use ~ S ~1 The present land use is residential where music lessons are also taught. 6. Description of proposed use The proposed land use is for music instruction and small retail store specializing in violins, guitars and music supplies. 7. Present caning district and jurisdiction Zoning district: R-15 Jurisdiction: City of Meridian 8. Proposed zoning district L-0 9. A statement describing the characteristics of subject property which make the zoning amendment desirable The subject property is located on a major arterial, Meridian Road The L-0 zone makes sense with commercial development all around the property including: To the North 8c East: The James Court Apartment Complexes To the West: An empty lot currently zoned L-0 To the South: A property advertising the Evans Appaloosa Ranch Also, the property is not desirable as a residence mainly due to high traffic volume on Meridian Road and also the lack of other residences near the subject property. 10. A statement outlining the necessity or desirability of development pertaining to the zoning amendment and its harmony with adjacent development. The city of Meridian does not currently have a shop specializing in stringed instruments. The residential character of the old Victorian farmhouse would be retained and this would be a perfect match for a shop with old violins and guitars. The setup of the house also lends itself very nicely for music instruction. (i.e. multiple bedrooms for teaching studios) 11. A statement of how the proposed zoning amendment relates to the City of Meridian Comprehensive Plan. The subject property lies in an existing "commercial corridor" on the Fast side of Meridian Road running from Cherry Lane to Ustick Road. It is currently designated "Existing Urban" by the City of Meridian Comprehensive Plan which seems to be in line with other commercial properties in the area. Isl. ~~~~~ ~~I~1 ~~~~./ souTN 85.00' N_ ^ r ~ Z ~ e fi 0 i~~ ~~~~ I I I I c~ 1~ I I ~, I a E (~ I I "~ I ( ( I ( lD NORTH 25.00' 0 0 I E I ® 80UTH 250' - ~ CA I I~ E I I W NORT1-I 85~m' -MII 1= G~~1=K ~r+t _~ ~~_, ~ J ~~t .. .~ '• • ~ { 4 J'r•rr r ~~ t ~~ ~ '- ..~ .. _ 'l .` /L 1 ~~ • '. ~ '. 'y (6 ~ 1 ? I Matthew Hartz state that I will post the subject property 1 week before the ublic hearing. -_ I Matthew Hartz have read the contents of this application and state th~t I have verified that the information contained herein is true and correct. i ~,.__ i ~Et ~~3( l • ~ =2~c~ mot- s~~~~~ ~~~T~y C ~~~~EZ-~ t,. z,o vC.;,v b So :, z ~ d a, k' %,~- T~ C _ v A M ~7 .'~ t~ d ~' ~R • ~ ~ I `, , .:x . `" '~ ` d~, ~~ '~ h ~f ~` ~~`~ '' >-y- ~x~~3~~ G ~Et ~~itT 2t~c~C~ mot- s~~~cT ~~,~ ~ r ~~~~-~`( s~~~~~T ~, z~dv~.~ ~ ~ 5o JT ~ ~ ~ i~ MATTHEW &DANITA HARTZ -1990 N. MERIDIAN RD. PROPERTY OWNERS WITHIN 300' CLEARBROOK REAL ESTATE INVESTMENTS INC 2162 E KATELYN DR MERIDIAN TD 83642-5777 S MERIDIAN RD SPARANO DAVID A 58 W WILLOWBROOK DR MERIDIAN ID 83642-1656 BARNARD WILLIAM D & BARNARD SUSAN R 30 W WILLOWBROOK DR MERIDIAN ID 83642 DAVIES MICHAEL A & ANGELA D 11713 W EDNA ST BOISE ID 83713-3642 N MERIDIAN RD MCFADDEN G LEONARD & CLEORA W 615 W CHERRY LN MERIDIAN ID 83642-1614 104 W CHERRY LANE JAMES COURT ASSOCIATES IDAHO HOUSING & FINANCE ASSOC PO BOX 7899 BOISE ID 83707-1899 JAMES ST HARTZ MATTHEW C &DANITA G 1990 N MERIDIAN RD MERIDIAN ID 83642-1641 PIONEER INVESTMENT INC 214 OLD QUARRY WAY BOISE ID 83709-0543 158 E CARMEL DR 134 E CARMEL DR 122 E CARMEL DR 110 E CARMEL DR 100 E CARMEL DR 109 E CARMEL DR SALAVITCH MELVIN P & JOYCE L 146 E CARMEL DR ,'- .MERIDIAN ID 83642 EVANS LEONARD W & DORIS B 1970 N MERIDIAN RD MERIDIAN ID 83642-1641 PIFARI DAVID S & KAREN ETAL PO BOX 8354 BOISE ID 83707-2354 N MERIDIAN RD HENDERSHOT CONSTRUCTION INC PO BOX 923 EAGLE ID 83616 135 E CARMEL DR 121 E CARMEL DR • i ~\• \• ~• i i - _ _. _.c..''--. F~.; = I,_~~ _- J - _~ _.. __- -_ - t+~•~ .•~.C~~iTY ftcAU E"R CITY OF M~~I~I~V ~k ~: ~~ X999 ~~ ~., ORDINANCE NO. ~.~ ~ s~ECO~et~~o-~EO~~sr o~ o F .. ~P~'~"~9375~32 AN ORDINANCE FINDING THAT THE OWNER OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION FOR REAL PROPERTY THAT LIES WITHIN THE BOUNDARIES OF THE CITY OF MERIDIAN FROM R-15 (MEDIUM HIGH DENSITY RESIDENTIAL) ZONING DISTRICT TO L-O (LIMITED OFFICE DISTRICT) AS DEFINED UNDER § 11-2-408B(7) OF THE MUNICIPAL CODE OF THE CITY OF MERIDIAN, REPEALING ALL ORDINANCES, RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID REZONING DESIGNATION TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: 1. The owner of the following described property has made a written request for a re-zone of the zoning classification for the subject Real Property herein described from R-15 (Medium High Density Residential) District to L-O (Limited Office) District as defined under § 11-2-408B (7) of the Municipal Code of the City of Meridian; and 2. The City of Meridian Planning and Zoning Commission and City Council having given notice MATTHEW AND DANITA HARTZ RE-ZONE ORDINANCE - 1 • • and conducted all public hearings in accordance with la~v and having issued its findings of fact and conclusions of law and Decision and Order granting the application for rezone; and 3. The real property which is the subject of this ordinance is legally described as: A tract of land in Lot 6 of J.E. Pfost's Subdivision in Lot 6 of Section 6, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the West quarter section corner of Section 6, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho; thence South along the section line 1323.98 feet to a railroad spike marking the Southwest corner of Lot 6 of said Section 6; thence North 89 degrees 18' East 30.00 feet to the Southwest corner of Lot 6 of J.E. Pfost's Subdivision according to the official plat thereof on file in the Ada County Recorder's Office, Boise, Idaho, the real point of beginning; thence North 89 degrees 18' East along the South boundary line of said subdivision 170.00 feet to a point in 5- Mile Creelc; thence North along 5-Mile Creelc, 85.00 feet to a point; thence South 89 degrees 18' West 45.35 feet to a steel pin; thence South 25.00 feet to a steel pin; thence South 89 degrees 18' West 10.00 feet to a steel pin; MATTHEW AND DANITA HARTZ RE-ZONE ORDINANCE - 2 • • thence North 25.00 feet to a steel pin; thence South 89 degrees 18' West 114.65 feet to a steel pin on the West line of said Lot 6; thence South 85.00 feet to the real point of beginning. SECTION 2. That the above-described real Property be, and the same is hereby re-zoned and designed (L-O) Limited Office District. SECTION 3. That the City Engineer is hereby direct to alter all use and area maps as well as the official zoning maps depicting the City of Meridian land use zones in accordance with this ordinance. SECTION 4. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 5. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, 2~~- r- this _ day of ~ 1999. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, ~~ this _ day of ~~ 1999. ATT , ST: City Clerlc ~ r~o ~ 5~~~ _ msg~Z:\Worlc\M\Meridian 15360M\Hartz CUP~2Z. d ~: .% ~ ~~~T ~~ ~3 ti MATTHEW AND DANITA HAS - INANCE - 3 ,~~ffftfllt ttf{tt!\1,~\ C~ STATE OF IDAHO, Countv of Ada ss. • On this day of ~ , 1999, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Cleric of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. .•~','1~GEee• j'e•sllll •~~~ '~. Q• •eo ee• J' ''. ~~~~~n. a ., • S ~' ~I~T~ r :~: "° :*: ° AUBLS'C' e' ®°° ~~° o•• ,e• lO ,,~~ °e °•eaeN• '`' ~~ l./`~ NOT Y PUBLIC FOR~IDAHO RESIDING AT: MY COMMISSION EXPIRES: MATTHEW AND DANITA HARTZ RE-ZONE ORDINANCE - 4 CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerlc, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. 8~n3 passed by the City Council of the City of Meridian, on the ZOO' day of G~-e , 1999, is a true and correct copy of the original of said document which is in the re, custody and control of the Cit~ Clerk of the City of Meridian. a~~~,~~~,~f-~f«, ,,,~f~~ ;~ n` ~~r r+,. =w. G~ ~~'~ T~ r ;: ' yc_.. S~~I' ~NILLIAM G. BERG, JR. / fi T V ~~ ~y STATE OF IDAHC§'r,,~,~~,`t •~~~~~~ ''~{~-~:ct o~s~tNt'~ County of Ada, On this a ~ day of , in the year 1999, before me, a Notary Public, appeared WILL .BERG, JR., known or identified to me to be the City Clerlc of the City of Meridian, Idaho that executed the said instrument,~and acknowledged to me that he executed the same on behalf of the City of Meridian. • •. lam` ~ ~T AR r •: Notary blic for Idaho,,~/ • G Commission Ex fires: ~'~ :• SUB LZ •,' a~ msg~,~ mot ~ ~ an 15360M\Hartz CUP\CertifClerkRZOrd CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN ** TX CONFIRMA~N REPORT ** AS OF JUL 16 '?~ 13 ~ 54 PAGE. 01 CITY OF MERIDIAN DATE TIME TOiFROM 08 0?i16 13 53 PUBLIC WORKS MODE MINiSEC PGS CMDtt STATUS OF--S 00'5?° 005 221 OK ~lavo~ nvtlV~ tnG4JUKt VALLt:Y R06ERT o. CORR~ .4 Guod Plan (o Live 4 CITY OF MERIDIAN CHARLES ROUNYREB 33 EAST IDAHO GLEvN 9ENTLEY dIERIDIAN, IDAHO S3Cr12 ROH ANDERSON Phona (,08) 888.3x33 • Fax (206) 887•.3$ l3 KEITH BIRD LEGAL OEPART~tENT t:09! 39j•.t:ti1 PUBLIC WORKS BUILDING DEPART.IEVT (:09991•=III PLANNING .aNO 20NING DEPARTMENT (208)99a•SSJ3 FACSIMILE COVER SHEET FAX NUMBER; RR`t - ~ ,q~I DATE: TO:-~~'~~_i~~ Yril~ T1TLElDEPARTMENT: CONFIDENTIAL: YES NO 1C TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET): <S FROM: CITY OF MERIDIAN - FAX NUMBER: (208) $88-4218 n ~ ~, . PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS SUCCESSFULLY (208) 888-4433. TITLEIDEPARTMENT: A~ 180IY~ ~ DEVELOPMEl~ T PARTIES: 1. City of Meridian~g~9,~- 22 (~~`1 ~' ~ 6 2. Matthew and Danita Hartz RECOROEO-REO T OFD ~~EDE 99072887 THIS DEVELOPN~,~NT AGREEMENT (this '"A re~ement"), is made and entered into this~~ day ofs tt,j l~/~ ~ , by and between CITY OF MERIDIAN, a municipal co oration of the State of Idaho, hereafter called "CITY", and MATTHEW and DANITA HARTZ, husband and wife, hereinafter called "DEVELOPER", whose address is 1990 N. Meridian Road, Meridian, Idaho 83642. 1. RECITALS: 1.1 WHEREAS, "Developer" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto _ and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. §67-6511A, Idaho. Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the owner or "Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-2-416L and 11-2-417D, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "Developer" has submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of Limited Office (L-0~,, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Developer" made representations at the public hearings both before the Meridian Planning Sz Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT - 1 • 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the ~~ day of ~~~, 1999, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the "Findings" require the "Developer" enter into a development agreement before the City Council takes final action on zoning designation; and 1.9 "DEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Zoning and Development Ordinance codified in Title 11, Municipal Code of the City of Meridian. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: DEVELOPMENT AGREEMENT - 2 ~ ~ 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "DEVELOPER": means and refers to Matthew and Danita Hartz, husband and wife, whose address is 1990 N. Meridian Road, Meridian, Idaho 83642 the party - developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 If rezoned to L-O, use of the property for residential use will no longer be a conforming use. Prior to use of the property for office use, residential use will need to be discontinued or a conditional use permit will need to be applied for and granted by the Meridian City Council. Use of the building exclusively as a retail or commercial site is not permitted within the L-O zone. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Developer" has submitted to "City" an application for conditional use permit, and shall be required to obtain the "City"'s approval thereof, in accordance to the City's DEVELOPMENT AGREEMENT - 3 • Zoning & Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1 "Developer" shall develop the "Property" in accordance with the following special conditions: 6.1.1 Applicants shall upgrade the building to satisfy all code requirements, both Fire and Electric. 6.1.2 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Worlcs Department. No variances have been requested for tiling of any ditches crossing this project. 6.1.3 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5- 7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 6.1.4 Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. - 6.1.5 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. DEVELOPMENT AGREEMENT - 4 • 6.1.6 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 parking areas. All site drainage shall be contained and disposed of on-site. 6.1.7 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-14.D.3. 6.1.8 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. _ 6.1.9 Applicants shall provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9- 606.B. 6.1.10A11 construction shall conform to the requirements of the Americans with Disabilities Act. 6.1.11 Provide site plan detailing parking, landscaping, trash enclosures, etc., for review to ensure zoning compliance prior to applying for Certificate of Occupancy. 6.1.12Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 6.1.13Applicant shall provide calculation of asphalt area with future site plans. A minimum of one (1) three- inch (3") caliper tree per 1,500 square feet of asphalt are required per Ordinance. 6.1.14As Meridian Road is an entryway corridor, Applicant shall install and maintain a minimum 20- foot-wide landscape strip beyond required right-of- way adjacent to Meridian Road. DEVELOPMENT AGREEMENT - 5 ~ ~ 6.1.15Applicant shall coordinate locations and construction requirements of trash enclosure with Sanitary Services, Inc., and provide a letter of approval from their office prior to applying for occupancy. 6.1.16Applicant shall provide letter of approval from Ada County Highway District with submittal of site plan prior to issuance of Certificate of Zoning Compliance. 6.1.17Applicant shall provide handicapped accessible parking spaces and associated signage in accordance with the Americans with Disabilities Act. All building and parking lot construction needs to meet the requirements of the Americans with Disabilities Act. 6.1.18A11 Uniform Codes need to be met. 6.1.19Five Mile Creelc is adjacent to the easterly boundary of the property. This area is designated as a multiple use pathway in the Meridian Comprehensive Plan. Fish, wildlife and vegetation species and habitat should be protected and maintained, provided it is in the best interests of the City of Meridian. Consideration shall be made for the land uses in these areas to minimize the risk of pollution and to preserve the natural beauty of Five Mile Creek. 6.1.20 Signage should be limited to one low-profile monument type sign. Detailed signage plans will be subject to design review. 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Developer" or "Developer"'s heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of subject "Property" of this agreement within two (2) years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or recodifications thereof. DEVELOPMENT AGREEMENT - 6 • 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Developer" consents upon default to the de-annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer" and if the "Developer" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "Developer", "Developer"'s heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement maybe modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Developer" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the DEVELOPMENT AGREEMENT - 7 ~ ~ Exhibits, at "Developer"'s cost, and submit proof of such recording to "Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. DEVELOPMENT AGREEMENT - 8 ~ ~ 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under 11-9-606 C of the Meridian City Code, to insure that installation of the improvements, which the "Developer" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Developer" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 DEVELOPER: Matthew and Danita Hartz 1990 N. Meridian Road Meridian, Idaho 83642 with copy to: City Clerlc City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 DEVELOPMENT AGREEMENT - 9 ~ ~ 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or DEVELOPMENT AGREEMENT - 10 f ~ implied, between "Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the ""City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerlc. DEVELOPMENT AGREEMENT - 11 ACIQVOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. BY: i i ~- MATTHEW C. HARTZ, BY: DANITA G. HARTZ, CITY OF MERIDIAN BY: R ROBERT D. CORRIE Attest: _ ~ CITY CLERK /~~ BY RESOLUTION NO. G~~ ti> `~, ~~~p~p~ ~. w ~+~~ T s~ 1 ~ ~/~ 1i R. „~, «// s r '~ w _ S~~L r ~~ ., , ~ ,~ '3rd ~9'T ~g-~ . ~~ ~~~~+n r. ~ i rs m~~~~~~ ey/Z:\Work\M\Meridian 15360M\Hartz CUP\DevelopAgr DEVELOPMENT AGREEMENT - 12 ~ ~ STATE OF IDAHO ) :ss COUNTY OF ADA ) ;this ~ day of , in the year 1999, before me, a Nota Pu ic, personally appeared MATTHEW C. HART nd DANITA G. HARTZ, husband and wife, known or identified to me to be the persons who executed the instrument and acknowledge to me having executed the same. t (SEAL) Nota Pu is for Idaho Commission expires: ! (~/1S~aO~ STATE OF IDAHO :ss County of Ada ) On this ~ ~ day of ~ ~%~,~ ~ , in the year ~, l before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, know or identified to me to be the Mayor and Clerlc, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. e ~SE~I.}~O ~ ~ o~ ~ o~° ~ ,~, s e ~ PUBLZG ~ s ~~ oI~°oe ,9 e'0av~o~~~~~~~0~~~ •e4eae~u•a• c Not Public for Idaho Commission expires: /~t~$~a.~~ DEVELOPMENT AGREEMENT - 13 EXHIBIT "A" Legal Description Of Property A tract of land in Lot 6 of J.E. Pfost's Subdivision in Lot 6 of Section 6, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the West quarter section corner of Section 6, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho; thence South along the section line 1323.98 feet to a railroad spike marking the Southwest corner of Lot 6 of said Section 6; thence North 89 degrees 18' East 30.00 feet to the Southwest corner of Lot 6 of J.E. Pfost's Subdivision according to the official plat thereof on file in the Ada County Recorder's Office, Boise, Idaho, the real point of beginning; thence North 89 degrees 18' East along the South boundary line of said subdivision 170.00 feet to a point in 5-Mile Creelc; thence North along 5-Mile Creelc, 85.00 feet to a point; thence South 89 degrees 18' West 45.35 feet to a steel pin; thence South 25.00 feet to a steel pin; thence South 89 degrees 18' West 10.00 feet to a steel pin; thence North 25.00 feet to a steel pin; thence South 89 degrees 18' West 114.65 feet to a steel pin on the West line of said Lot 6; thence South 85.00 feet to the real point of beginning. EXHIBIT "A" TO DEVELOPMENT AGREEMENT - 14 EXHIBIT B w Findings of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT - 15 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE ) Case No: RZ-99-004 REQUEST FOR REZONE OF ) FINDINGS OF FACT AND APPROXIMATELY .323 ACRES ) CONCLUSIONS OF LAW AND FOR PROPOSED MUSIC ) DECISION AND ORDER RETAIL STORE AND ) GRANTING APPLICATION INSTRUCTION FACILITY ) FOR REZONING The above entitled matter on the rezoning application of .323 acres having come on for public hearing on June 15, 1999, at the hour of 7:30 o'clock p.m., and Council having received the report of Shari Stiles, Planning and Zoning Administrator, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and the Applicant, Matthew Hartz, having appeared, and both parties agreed with the Recommendations of the Planning and Zoning Commission, and no one appeared in opposition to the request, and the Council having received the record of this matter made before the Planning and Zoning Commission, and having received their Recommendation to the City Council, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for rezoning was published for two (2) consecutive ~veelcs prior to said public hearing scheduled for FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 1 June 15, 1999, before the City Council, the first publication appearing and written notice having been mailed to property o~«lers or purchasers of record within three hundred (300') feet 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 ne`vspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the June 15, 1999, 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 §§ 11-2-416E and 11-2-417A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of Meridian, 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 property is approximately .323 acres in size. The property is generally located at 1990 N. Meridian Road, in Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 2 • 5. The owners of record of the subject property are l~'Iatthew and Danita Hartz, Meridian, Idaho. 6. The Applicants are the owners of record. 7. The property is presently zoned as Medium High Density Residential (R-15), and is being occupied as a residence. 8. The Applicant requests the property be rezoned to Limited Office (L-O). 9. The proposed site is surrounded by the James Court apartment comple,c to the north and east and an empty lot, zoned Limited Office (L-O) to the west that is unoc-cupied, and property advertising the Evans Appaloosa Ranch to the south. The site is located near the corner of Meridian Road and Usticlc Road. 10. The subject property is within the city limits of the City of Meridian. 11. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 12. The Applicant proposes to develop the subject property in the following manner: to establish and operate a music instruction and small music retail facility. 13. The Applicant's requested rezoning of the subject real property as Limited Office (L-O) is consistent with the commercial designation on the Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 3 Comprehensive Plan Generalized Land Use Map which designates the subject property as Existing Urban. 14. The subject rezoning request designation and proposed development relates to the goals and policies of the Comprehensive Plan of the City as follows: 14.1 The Goals of the Comprehensive Plan are set forth at Page 5 and include: 14.1.1 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. 14.1.2 To ensure that grotivth 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. 14.1.3 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 and strengthens the City's ability to finance and implement public improvements, services and its open space character. 14.1.4 To preserve and improve the character and quality of Meridian's roan-made environment while maintaining its identity as aself-sufficient community. 14.1.5 To encourage cultural, educational and recreational facilities which will fill the needs and preferences of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 4 ~ ~ the citizens of Meridian and to ensure that these facilities are available to all residents of the City. 14.1.6 To provide community services to fit e:cisting and projected needs. 14.1.7 To establish compatible and efficient use of land through the use of innovative and functional site design. 14.1.8 To encourage a balance of land use patterns to ensure that revenues pay for services. 14.1.9 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. 14.2 Forecast Needs are set forth at page 16 and states: Forecast Needs: Based upon the City's aggressive Economic Development Partnerships plus the recommended employment forecast, additional land for employment -related land uses will be required in the community. Community actions other than land use will also be required to meet the employment needs of the City. 14.3 Commercial Activity Centers are set forth at page 17 and states: Commercial Activity Centers: Retail, commercial and office development are frequent partners within Commercial Activity Centers. In order to support residential and industrial developments, areas should be set aside as Commercial Activity Centers and their development carefully guided. _ 14.4 The Employment Goal Statement at page 19 states: Meridian will achieve and support a business climate that will offer diverse employment opportunities to satisfy personal goals and economic needs. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 5 2.2U Encourage and support job market expansion that provides for mid-and upper-range wage scale and benefits. 14.5 Under LAND USE at page 21: Commercial and retail areas are established along major arterials, and include small commercial centers and individual businesses. Uses include retail, wholesale, service, office, and limited manufacturing. Land Use Goal 1.5U states at page 23: 1.5U Encourage a balance of land uses to ensure that Meridian remains a desirable, stable and self-sufficient community. 14.6 Under Commercial Policies at page 26 it states: - 4.5U Discourage isolated neighborhood commercial development in residential areas unless the uses are compatible with the Planned Neighborhood Commercial designation. 4.8U Encourage commercial uses, offices and medical-care uses to locate in the Old Town district, business parks, shopping centers and near high-intensity activity areas, such as freeway interchanges. 14.7 Under Community Design at page 71 it states: 14.7.1 Community Identification Goal Statement - Create visual quality and functional identity for the City of Meridian and its surrounding environment. 1. Policies 1.1 All commercial and industrial developments should be reviewed by the City for adequate site planning. 1.2 Neighborhood areas should be identified for future planning purposes to assure that development will FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 6 ~ ~ strengthen the community feeling of quality. 14.7.2 Special Community Design Areas Goal Statement: 2.1 U Require businesses and government to install and maintain landscaping. 14.7.3 Quality of Environment Goal Statement: 5.2U Ensure that all ne~v development enhances rather than detracts froth the visual quality of its surroundings, especially in areas of prominent visibility. 15. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, pubic 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 Meridian Fire Department's Recommendations as follows: 15.1 Applicants shall upgrade the building to satisfy all code requirements, both Fire and. Electric. Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 15.2 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9- 605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 15.3 Any existing domestic wells and/or septic systems within this FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 7 • project will have to be removed from their domestic ser~zce per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. 15.4 Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 15.5 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 15.6 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 parking areas. All site drainage shall be contained and disposed of on-site. 15.7 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-14.D.3. 15.8 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. 15.9 Applicants shall provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 15.10 All construction shall conform to the requirements of the Americans with Disabilities Act. 15.11 Provide site plan detailing parking, landscaping, trash enclosures, etc., for review to ensure zoning compliance prior to applying for Certificate of Occupancy. 15.12 Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 15.13 Applicant shall provide calculation of asphalt area with future site FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 8 • plans. A minimum of one (1) three-inch (3 ") caliper tree per 1,500 square feet of asphalt are required per Ordinance. 15.14 As Meridian Road is an entryway corridor, Applicant shall install and maintain a minimum 20-foot-wide landscape strip beyond required right-of-way adjacent to Meridian Road. 15.15 Applicant shall coordinate locations and construction requirements of trash enclosure tivith Sanitary Services, Inc., and provide a letter of approval from their office prior to applying for occupancy. 15.16 Applicant shall provide letter of approval from Ada County Highway District with submittal of site plan prior to issuance of Certificate of Zoning Compliance. 15.17 Applicant shall provide handicapped accessible parking spaces and associated signage in accordance with the Americans with - Disabilities Act. All building and parking lot construction needs to meet the requirements of the Americans with Disabilities Act. 15.18 If rezoned to L-O, use of the property for residential use will no longer be a conforming use. Prior to use of the property for office use, residential use will need to be discontinued or a conditional use permit will need to be applied for and granted by the Meridian City Council. Use of the building exclusively as a retail or commercial site is not permitted within the L-O zone. 15.19 All Uniform Codes need to be met. 15.20 Five Mile Creels is adjacent to the easterly boundary of the property. This area is designated as a multiple use pathway in the Meridian Comprehensive Plan. Fish, wildlife and vegetation species and habitat should be protected and maintained, provided it is in the best interests of the City of Meridian. Consideration shall be made for the land uses in these areas to minimize the risk of pollution and to preserve the natural beauty of Five Mile Creels. 15.21 Signage should be limited to one low-profile monument type sign. Detailed signage plans will be subject to design review. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 9 :~ 16. There are no significant or scenic features of major importance that affect the consideration of this application. 17. The proposed development will serve e;cisting and growing needs and will provide services to surrounding institutional, commercial and residential development. CONCLUSIONS OF LAW 1. The Council may take judicial notice of government ordinances, and policies, anc~ of actual conditions e;dsting within the City and State. 2. The City of Meridian has e,cercised 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. 3. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 3.1 The Goals of the Comprehensive Plan are set forth at Page 5 a_ nd include: 3.1.1 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 10 C~ 3.1.2 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. 3.1.3 To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for e:dsting and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. 3.1.4 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as aself-sufficient community. - 3.1.5 To encourage cultural, educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to ensure that these facilities are available to all residents of the City. 3.1.6 To provide community services to fit existing and projected needs. 3.1.7 To establish compatible and efficient use of land through the use of innovative and functional site design. 3.1.8 To encourage a balance of land use patterns to ensure that revenues pay for services. 3.1.9 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. 3.2 Forecast Needs are set forth at page 16 and states: Forecast Needs: Based upon the City's aggressive Economic Development Partnerships plus the recommended employment forecast, additional land for employment -related land uses will be required in the community. Community actions other than FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 11 land use will also be required to meet the employment needs of the City. 3.3 Commercial Activity Centers are set forth at page 17 and states: Commercial Activity Centers: Retail, commercial and office development are frequent partners within Commercial Activity Centers. In order to support residential and industrial developments, areas should be set aside as Commercial Activity Centers and their development carefully guided. 3.4 The Employment Goal Statement at page 19 states: Meridian will achieve and support a business climate that will offer diverse employment opportunities to satisfy personal goals and economic needs. 2.2U Encourage and support job market expansion that provides for mid-and upper-range wage scale and benefits. 3.5 Under LAND USE at page 21: Commercial and retail areas are established along major arterials, and include small commercial centers and individual businesses. Uses include retail, wholesale, service, office, and limited manufacturing. Land Use Goal 1.5U states at page 23: 1.5U Encourage a balance of land uses to ensure that Meridian remains a desirable, stable and self-sufficient community. 3.6 Under Commercial Policies at page Z6 it states: 4.5U Discourage isolated neighborhood commercial development in residential areas unless the uses are compatible with the Planned Neighborhood Commercial designation. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 12 4.8U Encourage commercial uses, offices and medical-care uses to locate in the Old Town district, business parks, shopping centers and near high-intensity activity areas, such as freeway interchanges. 3.7 Under Community Design at page 71 it states: 3.7.1 Community Identification Goal Statement - Create visual quality and functional identity for the City of Meridian and its surrounding environment. 1. Policies 1.1 All commercial and industrial developments should be reviewed by the City for adequate site planning. 1.2 Neighborhood areas should be identified for future - planning purposes to assure that development will strengthen the community feeling of quality. 3.7.2 Special Community Design Areas Goal Statement: 2.1 U Require businesses and government to install and maintain landscaping. 3.7.3 Quality of Environment Goal Statement: 5.2U Ensure that all new development enhances rather than detracts from the visual quality of its surroundings, especially in areas of prominent visibility. 4. The requested zoning of Limited Office, (L-O) is defined in the Zoning Ordinance at 11-2-408B(7) as follows: (L-O) Limited Office District: The purpose of the (L-O) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 13 CJ • 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 non-residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal Water and Sewer systems of the City of Meridian is a requirement in this district. 5. That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, B, Commercial, lists commercial uses allowed in the various zoning districts of the City which provides that public and quasi public uses are permitted uses in the (L-O) Limited Office District zone. 6. That 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. 7. § 11-2-407 A 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 14 ~ ~ following the centerline of street lines, highway right-of-way lines, streams, lakes or other bodies of water, the centerline shall be construed to be such boundary; 7.2 Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries; 7.3 Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlines or right-of-~vay 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. That § 11-2-416 IC 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 find adequate evidence answering the following questions about the proposed zoning amendment: 8.1 Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; 8.2 Is the area included in the zoning amendment intended to be rezoned in the future; 8.3 Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the ne~v zoning -for example, a residential area turning into commercial area by means of conditional use permits; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - I5 • • 8.4 Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, ne~v railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; 8.5 Will the proposed uses 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 Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; 8.7 Will the area 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 for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 8.8 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 Will the proposed uses 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 Will the area 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 Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 8.12 Is the proposed zoning amendment 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 .323 ACRES FOR MATTHEW AND DANITA HARTZ - 16 DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN ADOPTED, the City Council does hereby Order and this does Order: That the City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the redesignation of the zoning for the real Property included in the application to (L-O) Limited Office District. 2. The Meridian City Council hereby approves the rezoning as requested by the Applicant for the property described in the application subject to the following: - 2.1 Applicants shall upgrade the building to satisfy all code requirements, both Fire and Electric. 2.2 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9- 605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2.3 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. 2.4 Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 2.5 Paving and striping shall be in accordance with the standards set FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 17 • • forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Aailericans with Disabilities Act (ADA) requirements. 2.6 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 parking areas. All site drainage shall be contained and disposed of on-site. 2.7 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-14.D.3. 2.8 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. 2.9- Applicants shall provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 2.10 All construction shall conform to the requirements of the Americans with Disabilities Act. 2.11 Provide site plan detailing parking, landscaping, trash enclosures, etc., for review to ensure zoning compliance prior to applying for Certificate of Occupancy. 2.12 Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 2.13 Applicant shall provide calculation of asphalt area with future site plans. A minimum of one (1) three-inch (3") caliper tree per 1,500 square feet of asphalt are required per Ordinance. 2.14 As Meridian Road is an entryway corridor, Applicant shall install and maintain a minimum 20-foot-wide landscape strip beyond required right-of-~vay adjacent to Meridian Road. 2.15 Applicant shall coordinate locations and construction requirements of trash enclosure with Sanitary Services, Inc., and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 13 ~ ~ provide a letter of approval from their office prior to applying for occupancy. 2.16 Applicant shall provide letter of approval from Ada County Highway District with submittal of site plan prior to issuance of Certificate of Zoning Compliance. 2.17 Applicant shall provide handicapped accessible parking spaces and associated signage in accordance with the Americans with Disabilities Act. All building and parking lot construction needs to meet the requirements of the Americans with Disabilities Act. 2.18 If rezoned to L-O, use of the property for residential use will no longer be a conforming use. Prior to use of the property for office use, residential use will need to be discontinued or a conditional use permit will need to be applied for and granted by the Meridian City Council. Use of the building exclusively as a retail or commercial site is not permitted within the L-O zone. 2.19 All Uniform Codes need to be met. 2.20 Five Mile Creelc is adjacent to the easterly boundary of the property. This area is designated as a multiple use pathway in the Meridian Comprehensive Plan. Fish, wildlife and vegetation species and habitat should be protected and maintained, provided it is in the best interests of the City of Meridian. Consideration shall be made for the land uses in these areas to minimize the risk of pollution and to preserve the natural beauty of Five Mile Creelc. 2.21 Signage should be limited to one low-profile monument type sign. Detailed signage plans will be subject to design review. 3. That the City Attorney is directed to prepare a Development Agreement with the subject conditions of rezone as set forth in Part 2 of this Order. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 19 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 ~vho has an interest in real property which may be adversely affected by the issuance or denial of the rezoning may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on ~u-~ 6 ~~ , 1999. ROLL CALL COUNCILMAN RON ANDERSON COUNCILMAN GLENN BENTLEY COUNCILMAN KEITH BIRD COUNCILMAN CHARLIE ROUNTREE MAYOR ROBERT CORRIE (TIE BREAKER) DATED: 7_ 6 - ~~ VOTED VOTED~'~ VOTED (~ VOTED ~~- VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 20 r~ U MOTION: APPROVED• • DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. By: ,~ ~ j ity Cleric mseJZ:\Worl<WI\~leridian 15360M\Hartz CUP\RZffcs Dated: ~~ ~G - `~~,~~I1R~Illffllll,' l ti` ~ Ar S '~ ~" $ f 7t,~1 f(frf~l(/1jt~l~j~tty11/Ft~~~,` FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 21 • • Meridian City Council Meeting July 20, 1999 Page48 Bird: Oh, yeah. I change that to August 17`h, 1999. Corrie: Is there a second. Bentley: Motion made and second to continue the public hearing on number 16 until August the 17~h. Any further comment? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 17. PUBLIC. HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR CHURCH PARKING, RECREATIONAL USES AND CONTRACTOR'S BUSINESS BY TREASURE VALLEY BAPTIST CHURCH 1 K. D. ROOFING- NORTH OF OVERLAND RD, SOUTH OF I-84 & EAST OF TEARE AVE: Corrie: I'll entertain a motion to do that for the 17~h as well. Bentley: So moved. Rountree: Second. Corrie: Motion made and second that we have the conditional use permit on number 17 noticed for a public hearing for August 17~h. Further comments? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 18. DEVELOPMENT AGREEMENT BY MATTHEW & DANITA HARTZ FOR 1990 N. MERIDIAN ROAD: Corrie: We do have that development agreement. Bentley: Is it signed? Corrie: Yes, looks like it. Mr. Clerk, that has been signed. It shows here it has. Any comments or questions on the development agreement, item number 18? Rountree: Mr. Mayor I just ask that staff has any comments? Stiles: No. Corrie: No staff comments, all right. • • Meridian City Council Meeting July 20, 1999 Page49 Bentley: Mr. Mayor I move we approve the development agreement, authorize the Mayor to sign and the Clerk to attest. Bird: Second. Corrie: Motion made and second to approve the development agreement for the Mayor to sign and the Clerk to attest. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 19. ORDINANCE #833 -- REZONE ORDINANCE BY MATTHEW & DANITA HARTZ FOR 1990 N. MERIDIAN ROAD (R-15 TO L-O): Corrie: City Clerk to read the ordinance and give it a number and read it by title only. Berg: Thank you Mr. Mayor. (ORDINANCE #833 WAS READ BY TITLE ONLY) Corrie: Is there anyone present who would like to have Ordinance #833 read in its entirety? Hearing none, I'll entertain a motion for Ordinance #833. Bentley: Mr. Mayor I move we approve Ordinance #833 with suspension of rules, authorize the Mayor to sign and the Clerk to attest. Rountree: Second. Corrie: Motion is made by Mr. Bentley second by Mr. Rountree to approve Ordinance #833 with suspension of rules, the Mayor to sign and the Clerk to attest. Any further discussion? Hearing none, all those in favor of the motion roll call vote. ROLL CALL: ROUNTREE, AYE. ANDERSON, YEA. BENTLEY, YEA. BIRD, YEA. MOTION CARRIED: ALL YEAS. 20. DEVELOPMENT AGREEMENT BY CURTIS & KIM PECK FOR 2400 E. OVERLAND ROAD (JOHN BEAGLEY CUP): Corrie: Question here Mr. Berg, is do we have a signed agreement? Berg: Mr. Mayor and members of the Council, no I did not receive the signed agreement. We were made commitments that were not followed through to meet the agenda, so either we can table it or just strike it off the agenda until I get a signed development agreement. • Meridian City Council Meeting July 20, 1999 Page49 Bentley: Mr. Mayor I move we approve the development agreement, authorize the Mayor to sign and the Clerk to attest. Bird: Second. Corrie: Motion made and second to approve the development agreement for the Mayor to sign and the Clerk to attest. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 19. ORDINANCE #833 -- REZONE ORDINANCE BY MATTHEW & DANITA HARTZ FOR 1990 N. MERIDIAN ROAD (R-15 TO L-O): Corrie: City Clerk to read the ordinance and give it a number and read it by title only. Berg: Thank you Mr. Mayor. (ORDINANCE #833 WAS READ BY TITLE ONLY) Corrie: Is there anyone present who would like to have Ordinance #833 read in its entirety? Hearing none, I'll entertain a motion for Ordinance #833. Bentley: Mr. Mayor I move we approve Ordinance #833 with suspension of rules, authorize the Mayor to sign and the Clerk to attest. Rountree: Second. Corrie: Motion is made by Mr. Bentley second by Mr. Rountree to approve Ordinance #833 with suspension of rules, the Mayor to sign and the Clerk to attest. Any further discussion? Hearing none, all those in favor of the motion roll call vote. ROLL CALL: ROUNTREE, AYE. ANDERSON, YEA. BENTLEY, YEA. BIRD, YEA. MOTION CARRIED: ALL YEAS. 20. DEVELOPMENT AGREEMENT BY CURTIS & KIM PECK FOR 2400 E. OVERLAND ROAD (JOHN BEAGLEY CUP): Corrie: Question here Mr. Berg, is do we have a signed agreement? Berg: Mr. Mayor and members of the Council, no I did not receive the signed agreement. We were made commitments that were not followed through to meet the agenda, so either we can table it or just strike it off the agenda until I get a signed development agreement. MERIDIAN CITY COUNCIL MEETING: JULY 6, 1999 APPLICANT: MATTHEW & DANITA HARTZ AGENDA ITEM NUMBER: 7 REQUEST: REZONE OF 1990 N. MERIDIAN ROAD AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: COMMENTS SEE ATTACHED MINUTES FROM 6/15/99 SEE ATTACHED FINDINGS a~'"~ q,o IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. • • Meridian City Council Meeting June 15, 1999 Page 41 Gigray: Platting is still within your jurisdiction. You have the authority over all plats in your impact area, and there was I think some pending jurisdiction there. I think you would want to retook at the preliminary plat given your action you could have tabled it if you wanted to for further report from the administrator, but as I interpret and how I will prepare the order from the action taken and the discussions of the Council is that we had I think a finding that it wasn't compatible with the comprehensive plan, which is an essential consideration of any zoning designation. You have absolute discretion on annexation anyway and I believe as I understood the facts and as I understood the decision making of the Council, I would preparing Findings on the denial of the preliminary plat in line of the fact that the proposal is presently submitted and the ability of the city to provide services is just not compatible with your comprehensive plan. Bird: Okay, thank you. 16. PUBLIC HEARING: REQUEST FOR REZONE OF .323 ACRES (FROM R-15 TO L-O) BY MATTHEW 8~ DANITA HARTZ-1990 N. MER1DlAN RD: Corrie: At this time I will open the public hearing and staff comments. Stiles: Mr. Mayor and Council, this is the existing home on Meridian Road. They would like to turn it into a music store and be able to give lessons there. They have agreed with all of our recommendations for approval. The staff has recommended approval of the project. Corrie: This is a public hearing. I'll invite the applicant to come forward. Hartz: Matthew Hartz, 1990 N. Meridian Road. Any questions? Corrie: Have you read the recommendations of the Planning and Zoning? Hartz: Yes. Corrie: Do you agree with all of those? Hartz: Yes, agree to comply with everything. Corrie: Anything else? Hartz: No. Corrie: Thank you. Is there anyone from the public who would like to issue testimony on item number 16 here tonight? Hearing none, Council any further questions? ~ ~ Meridian City Council Meefing June 15, 1999 Page 42 Bird: 1 have none. Corrie: I'll entertain a motion to close the public hearing on item number 16. Bentley: So moved. Bird: Second. Corrie: Motion made and second we close the public hearing on item number 16 request for a rezone. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: Discussion Council? 1'll entertain a motion on the request for rezone. Rountree: Mr. Mayor I move that we instruct the City Attomey to prepare Findings of Fact and Conclusions of Law, Decision and Order, and annexation ordinance for the requested rezone. Bentley: Second. Corrie: Motion is made and second that we have the attorney draw up the Findings of Fact and Conclusions of Law on the request for rezone. Discussion? I have one. I]o we need a development agreement here Shari? No? We do? Yeah, you're right. Thank you Mr. Attorney. Okay, any further discussion? Gigray: It may be worth opening the public hearing because (think - Bird: Let's amend our thing - Gigray: I mean if you're going to have conditions I can tell you (inaudible) if you're going to have conditions on annexation, you're going to have to have a development agreement. (Inaudible) Gigray: You can do it on a rezone. Rountree: It's part of a rezone. Bird: That's part of your motion was the development agreement. Rountree: Include that as part of the motion. r • Meridian City Council Meeting June 15, 1999 Page 43 Corrie: Motion is to have the attorney draw up the Findings of Fact and Conclusions of Law and development agreement for the rezone of .323 acres by Matthew and Danita Hartz. Any further discussion? Hearing none, roll call vote. ROLL CALL VOTE: ROUNTREE, YEA. ANDERSON, YEA. BENTLEY, YEA. BIRD, YEA. MOTION CARRIED: ALL YEAS. 18. FINAL PLAT FOR MAWS N0.3 SUBDIVISION (7 BUILDING LOTS) BY TEALEY'S LAND SURVEYING-NORTH OF PINE & WEST OF LOCUST GROVE RD: Corrie: Staff report, Shari? Stiles: Mr. Mayor and Council, hopefully you have our comments that are dated June 11th, 1999 because of the lateness of our comments, we did not ask for a written response. We would like the issues of pressurized irrigation to be addressed. I don't think that was ever finalized and also the other item that may be of concern is we have requested the copy of the Ada County Highway District's storm drainage easement. They're showing a 30 foot easement. Typically those easements are not encroachable. If that were the case, it would not be a usable area and should not be included as part of a lot. It should be a separate lot. They do show that five feet of the 30 feet encroaching on to a buildable lot. Those are the major items that we would ask that the applicant's representative respond to. Corrie: Is the applicant here tonight? Yes, sir. Pavelek: Mr. Mayor and Council, my name is Richard Pavelek. I'm with Tealey's Land Surveying. We have offices at 915 W. Jefferson in Boise. I do have a response to the two issues. The first one if I could approach t have a letter from Nampa Meridian irrigation District. Bird: What's the date on this letter? I can't read it. Pavelek: I'm sorry. This came in the latter part of May. It was faxed to me June 4th and it was a response to an inquiry made by Mr. Gregory regarding the irrigation. This is not exactly clearly what we had hoped to get from Nampa Meridian, but in the start of the second paragraph, it clearly states there is no currently operating capacity. This letter is actually the second inquiry. Mr. Gregory did in fact contact the developer of Danbury to inquire whether or not there would be water available for Maws No. 3 and was told that there would not be. I think if you look at paragraph three, what Nampa Meridian is • • / ~~ BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE ) Case No: RZ-99-004 REQUEST FOR REZONE OF ) FINDINGS OF FACT AND APPROXIMATELY .323 ACRES ) CONCLUSIONS OF LAW AND FOR PROPOSED MUSIC ) DECISION AND ORDER RETAIL STORE AND ) GRANTING APPLICATION INSTRUCTION FACILITY ) FOR REZONING The above entitled matter on the rezoning application of .323 acres having come on for public hearing on June 15, 1999, at the hour of 7:30 o'clock p.m., and Council having received the report of Shari Stiles, Planning and Zoning Administrator, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and the Applicant, Matthew Hartz, having appeared, and both parties agreed with the Recommendations of the Planning and Zoning Commission, and no one appeared in opposition to the request, and the Council having received the record of this matter made before the Planning and Zoning Commission, and having received their Recommendation to the City Council, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for rezoning was published for two (2) consecutive weeks prior to said public hearing scheduled for FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 1 June 15, 1999, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet 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 15, 1999, 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 §§ 11-2-416E and 11-2-417A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of Meridian, 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 property is approximately .323 acres in size. The property is generally located at 1990 N. Meridian Road, in Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 2 ~~ 5. The owners of record of the subject property are Matthew and Danita Hartz, Meridian, Idaho. 6. The Applicants are the owners of record. 7. The property is presently zoned as Medium High Density Residential (R-15), and is being occupied as a residence. 8. The Applicant requests the property be rezoned to Limited Office (L-O). 9. The proposed site is surrounded by the James Court apartment complex to the north and east and an empty lot, zoned Limited Office (L-O) to the west that is unoccupied, and property advertising the Evans Appaloosa Ranch to the south. The site is located near the corner of Meridian Road and Ustick Road. 10. The subject property is within the city limits of the City of Meridian. 11. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 12. The Applicant proposes to develop the subject property in the following manner: to establish and operate a music instruction and small music retail facility. 13. The Applicant's requested rezoning of the subject real property as Limited Office (L-O) is consistent with the commercial designation on the Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 3 Comprehensive Plan Generalized Land Use Map which designates the subject property as Existing Urban. 14. The subject rezoning request designation and proposed development relates to the goals and policies of the Comprehensive Plan of the City as follows: 14.1 The Goals of the Comprehensive Plan are set forth at Page 5 and include: 14.1.1 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. 14.1.2 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. 14.1.3 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 and strengthens the City's ability to finance and implement public improvements, services and its open space character. 14.1.4 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as aself-sufficient community. 14.1.5 To encourage cultural, educational and recreational facilities which will fill the needs and preferences of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 4 • the citizens of Meridian and to ensure that these facilities are available to all residents of the City. 14.1.6 To provide community services to fit e;cisting and projected needs. 14.1.7 To establish compatible and efficient use of land through the use of innovative and functional site design. 14.1.8 To encourage a balance of land use patterns to ensure that revenues pay for services. 14.1.9 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. 14.2 Forecast Needs are set forth at page 16 and states: Forecast Needs: Based upon the City's aggressive Economic Development Partnerships plus the recommended employment forecast, additional land for employment -related land uses will be required in the community. Community actions other than land use will also be required to meet the employment needs of the City. 14.3 Commercial Activity Centers are set forth at page 17 and states: Commercial Activity Centers: Retail, commercial and office development are frequent partners within Commercial Activity Centers. In order to support residential and industrial developments, areas should be set aside as Commercial Activity Centers and their development carefully guided. 14.4 The Employment Goal Statement at page 19 states: Meridian will achieve and support a business climate that will offer diverse employment opportunities to satisfy personal goals and economic needs. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 5 2.2U Encourage and support job market expansion that provides for mid-and upper-range wage scale and benefits. 14.5 Under LAND USE at page 21: Commercial and retail areas are established along major arterials, and include small commercial centers and individual businesses. Uses include retail, wholesale, service, office, and limited manufacturing. Land Use Goal 1.5U states at page 23: 1.5U Encourage a balance of land uses to ensure that Meridian remains a desirable, stable and self-sufficient community. 14.6 Under Commercial Policies at page 26 it states: 4.5U Discourage isolated neighborhood commercial development in residential areas unless the uses are compatible with the Planned Neighborhood Commercial designation. 4.8U Encourage commercial uses, offices and medical-care uses to locate in the Old Town district, business parks, shopping centers and near high-intensity activity areas, such as freeway interchanges. 14.7 Under Community Design at page 71 it states: 14.7.1 Community Identification Goal Statement - Create visual quality and functional identity for the City of Meridian and its surrounding environment. 1. Policies 1.1 All commercial and industrial developments should be reviewed by the City for adequate site planning. 1.2 Neighborhood areas should be identified for future planning purposes to assure that development will FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 6 • strengthen the community feeling of quality. 14.7.2 Special Community Design Areas Goal Statement: 2.1 U Require businesses and government to install and maintain landscaping. 14.7.3 Quality of Environment Goal Statement: 5.2U Ensure that all new development enhances rather than detracts from the visual quality of its surroundings, especially in areas of prominent visibility. 15. 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 Meridian Fire Department's Recommendations as follows: 15.1 Applicants shall upgrade the building to satisfy all code requirements, both Fire and Electric. Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 15.2 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9- 605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 15.3 Any existing domestic wells and/or septic systems within this FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 7 • project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. 15.4 Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 15.5 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 15.6 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 parking areas. All site drainage shall be contained and disposed of on-site. 15.7 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-14.D.3. 15.8 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. 15.9 Applicants shall provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 15.10 All construction shall conform to the requirements of the Americans with Disabilities Act. 15.11 Provide site plan detailing parking, landscaping, trash enclosures, etc., for review to ensure zoning compliance prior to applying for Certificate of Occupancy. 15.12 Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 15.13 Applicant shall provide calculation of asphalt area with future site FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 8 u plans. A minimum of one (1) three-inch (3") caliper tree per 1,500 square feet of asphalt are required per Ordinance. 15.14 As Meridian Road is an entryway corridor, Applicant shall install and maintain a minimum 20-foot-wide landscape strip beyond required right-of-way adjacent to Meridian Road. 15.15 Applicant shall coordinate locations and construction requirements of trash enclosure with Sanitary Services, Inc., and provide a letter of approval from their office prior to applying for occupancy. 15.16 Applicant shall provide letter of approval from Ada County Highway District with submittal of site plan prior to issuance of Certificate of Zoning Compliance. 15.17 Applicant shall provide handicapped accessible parking spaces and associated signage in accordance with the Americans with Disabilities Act. All building and parking lot construction needs to meet the requirements of the Americans with Disabilities Act. 15.18 If rezoned to L-O, use of the property for residential use will no longer be a conforming use. Prior to use of the property for office use, residential use will need to be discontinued or a conditional use permit will need to be applied for and granted by the Meridian City Council. Use of the building exclusively as a retail or commercial site is not permitted within the L-O zone. 15.19 All Uniform Codes need to be met. 15.20 Five Mile Creelc is adjacent to the easterly boundary of the property. This area is designated as a multiple use pathway in the Meridian Comprehensive Plan. Fish, wildlife and vegetation species and habitat should be protected and maintained, provided it is in the best interests of the City of Meridian. Consideration shall be made for the land uses in these areas to minimize the risk of pollution and to preserve the natural beauty of Five Mile Creelc. 15.21 Signage should be limited to one low-profile monument type sign. Detailed Signage plans will be subject to design review. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 9 L~ 16. There are no significant or scenic features of major importance that affect the consideration of this application. 17. The proposed development will serve existing and growing needs and will provide services to surrounding institutional, commercial and residential development. CONCLUSIONS OF LAW 1. 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 Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 3. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 3.1 The Goals of the Comprehensive Plan are set forth at Page 5 and include: 3.1.1 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 10 3.1.2 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. 3.1.3 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 and strengthens the City's ability to finance and implement public improvements, services and its open space character. 3.1.4 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as aself-sufficient community. 3.1.5 To encourage cultural, educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to ensure that these facilities are available to all residents of the City. 3.1.6 To provide community services to fit existing and projected needs. 3.1.7 To establish compatible and efficient use of land through the use of innovative and functional site design. 3.1.8 To encourage a balance of land use patterns to ensure that revenues pay for services. 3.1.9 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. 3.2 Forecast Needs are set forth at page 16 and states: Forecast Needs: Based upon the City's aggressive Economic Development Partnerships plus the recommended employment forecast, additional land for employment -related land uses will be required in the community. Community actions other than FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 11 • land use will also be required to meet the employment needs of the City. 3.3 Commercial Activity Centers are set forth at page 17 and states: Commercial Activity Centers: Retail, commercial and office development are frequent partners within Commercial Activity Centers. In order to support residential and industrial developments, areas should be set aside as Commercial Activity Centers and their development carefully guided. 3.4 The Employment Goal Statement at page 19 states: Meridian will achieve and support a business climate that will offer diverse employment opportunities to satisfy personal goals and economic needs. 2.2U Encourage and support job market expansion that provides for mid-and upper-range wage scale and benefits. 3.5 Under LAND USE at page 21: Commercial and retail areas are established along major arterials, and include small commercial centers and individual businesses. Uses include retail, wholesale, service, office, and limited manufacturing. Land Use Goal 1.5U states at page 23: 1.5U Encourage a balance of land uses to ensure that Meridian remains a desirable, stable and self-sufficient community. 3.6 Under Commercial Policies at page 26 it states: 4.5U Discourage isolated neighborhood commercial development in residential areas unless the uses are compatible with the Planned Neighborhood Commercial designation. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 12 4.8U Encourage commercial uses, offices and medical-care uses to locate in the Old Town district, business parks, shopping centers and near high-intensity activity areas, such as freeway interchanges. 3.7 Under Community Design at page 71 it states: 3.7.1 Community Identification Goal Statement - Create visual quality and functional identity for the City of Meridian and its surrounding environment. 1. Policies 1.1 All commercial and industrial developments should be reviewed by the City for adequate site planning. 1.2 Neighborhood areas should be identified for future planning purposes to assure that development will strengthen the community feeling of quality. 3.7.2 Special Community Design Areas Goal Statement: 2.1U Require businesses and government to install and maintain landscaping. 3.7.3 Quality of Environment Goal Statement: 5.2U Ensure that all new development enhances rather than detracts from the visual quality of its surroundings, especially in areas of prominent visibility. 4. The requested zoning of Limited Office, (L-O) is defined in the Zoning Ordinance at 11-2-408B(7) as follows: (L-O) Limited Office District: The purpose of the (L-O) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 13 • 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 non-residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal Water and Sewer systems of the City of Meridian is a requirement in this district. 5. That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, B, Commercial, lists commercial uses allowed in the various zoning districts of the City which provides that public and quasi public uses are permitted uses in the (L-O) Limited Office District zone. 6. That 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. 7. § 11-2-407 A 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 14 • following the centerline of street lines, highway right-of-~vay lines, streams, lakes or other bodies of water, the centerline shall be construed to be such boundary; 7.2 Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries; 7.3 Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Official Zoning Map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the Official Zoning Map; and 7.4 Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of said railroad line. 8. That § 11-2-416 IC 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 find adequate evidence answering the following questions about the proposed zoning amendment: 8.1 Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; 8.2 Is the area included in the zoning amendment intended to be rezoned in the future; 8.3 Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning -for example, a residential area turning into commercial area by means of conditional use permits; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 1 S • 8.4 Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; 8.5 Will the proposed uses 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 Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; 8.7 Will the area 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 for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 8.8 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 Will the proposed uses 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 Will the area 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 Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 8.12 Is the proposed zoning amendment 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 .323 ACRES FOR MATTHEW AND DANITA HARTZ - 16 • DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN ADOPTED, the City Council does hereby Order and this does Order: That the City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the redesignation of the zoning for the real Property included in the application to (L-O) Limited Office District. 2. The Meridian City Council hereby approves the rezoning as requested by the Applicant for the property described in the application subject to the following: 2.1 Applicants shall upgrade the building to satisfy all code requirements, both Fire and Electric. 2.2 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9- 605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2.3 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. 2.4 Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 2.5 Paving and striping shall be in accordance with the standards set FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 17 forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 2.6 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 parking areas. All site drainage shall be contained and disposed of on-site. 2.7 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-14.D.3. 2.8 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. 2.9 Applicants shall provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 2.10 All construction shall conform to the requirements of the Americans with Disabilities Act. 2.11 Provide site plan detailing parking, landscaping, trash enclosures, etc., for review to ensure zoning compliance prior to applying for Certificate of Occupancy. 2.12 Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 2.13 Applicant shall provide calculation of asphalt area with future site plans. A minimum of one (1) three-inch (3") caliper tree per 1,500 square feet of asphalt are required per Ordinance. 2.14 As Meridian Road is an entryway corridor, Applicant shall install and maintain a minimum 20-foot-wide landscape strip beyond required right-of-way adjacent to Meridian Road. 2.15 Applicant shall coordinate locations and construction requirements of trash enclosure with Sanitary Services, Inc., and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 18 • provide a letter of approval from their office prior to applying for occupancy. 2.16 Applicant shall provide letter of approval from Ada County Highway District with submittal of site plan prior to issuance of Certificate of Zoning Compliance. 2.17 Applicant shall provide handicapped accessible parking spaces and associated signage in accordance with the Americans with Disabilities Act. All building and parking lot construction needs to meet the requirements of the Americans with Disabilities Act. 2.18 If rezoned to L-O, use of the property for residential use will no longer be a conforming use. Prior to use of the property for office use, residential use will need to be discontinued or a conditional use permit will need to be applied for and granted by the Meridian City Council. Use of the building exclusively as a retail or commercial site is not permitted within the L-O zone. 2.19 All Uniform Codes need to be met. 2.20 Five Mile Creelc is adjacent to the easterly boundary of the property. This area is designated as a multiple use pathway in the Meridian Comprehensive Plan. Fish, wildlife and vegetation species and habitat should be protected and maintained, provided it is in the best interests of the City of Meridian. Consideration shall be made for the land uses in these areas to minimize the risk of pollution and to preserve the natural beauty of Five Mile Creelc. 2.21 Signage should be limited to one low-profile monument type sign. Detailed signage plans will be subject to design review. 3. That the City Attorney is directed to prepare a Development Agreement with the subject conditions of rezone as set forth in Part 2 of this Order. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 19 • 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 may be adversely affected by the issuance or denial of the rezoning may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on ~/~c-l 6 ~~ , 1999. ROLL CALL COUNCILMAN RON ANDERSON COUNCILMAN GLENN BENTLEY COUNCILMAN KEITH BIRD COUNCILMAN CHARLIE ROUNTREE MAYOR ROBERT CORRIE (TIE BREAKER) DATED: 7' 6 - ~~ VOTED VOTED~C,~/~_ VOTED (~ VOTED ~,~~ VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 20 S MOTION: APPROVED• r~ u DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. By: ~ ,~~ j ~ Dated: ~~ ~ -~~ ity Clerk _~„„~„~„~~_ msg/Z:\Work\MWleridian 15360M\Hartz CUP\KZffcs .~```r ~ ~~''~, ~~ ~ b ~7 7 ~Q T 13'~ •, ~~, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .323 ACRES FOR MATTHEW AND DANITA HARTZ - 21 WHITE, PETERSON, PRUSS, MORROW &GIGRAY, P.A. ATTORNEYS AT LAW JUSTIN P. AYLSWOATH JULIE KLEIN FISCHER WM. F. GIGRAY, III D. SAMUEL JOHNSON WILLIAM A. MORROW CHRISTOPHER S. NYE PHILIP A. PETERSON STEPHEN L. PRUSS ERIC S. ROSSMAN TODD A. ROSSMAN R. STEPHEN RUTHERFORD TERRENCE R. WHITE City Clerlc City of Meridian 33 Idaho Meridian ID 83642 Re: MATTHEW and DANITA HARTZ REZONE: NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653.0247 TEL (208) 466.9272 FAX (208) 466.4405 PLEASE REPLY TO MERIDIAN OFFICE ~cE~vED 'R. -~ -~ 01 1999 i an . _„ .,rlflCe 1. Findings of Fact 2. Ordinance and Certification of Clerlc 3. Development Agreement, Resolution and Certificate of Clerk Dear City Clerlc: Please find attached to this memo the above listed documents. The ordinance of rezone for the above referenced property will need to be forwarded to the City Council for approval and signature. The ordinance may be considered after the adoption of the FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER. I recommend the ordinance not be passed until the Development Agreement is signed by the Developer and approved by City Council. I have also enclosed the originals of the Resolution and Certificate of the Clerlc for the Development Agreement. When you have obtained the necessary signatures, please provide the appropriate conformed copies of the Findings, Development Agreement and the Ordinance to the City Engineer, with a copy to the Planning and Zoning Department. When the ordinance becomes effective, please direct the City Engineer to comply with Section 3 of said ordinance. Also, please make sure the Ordinance is recorded. Very truly yours, Enclosure 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288-2499 FAX (208) 288-2501 Email via Internet @ wfg@wppmg.com June 30, 1999 ~~ m. F. Gigray, I msg.~Z:\Work\M\Meridian 15360M\1Iartz CUP\C1kLtrRZOrd • MERIDIAN CITY COUNCIL MEETING: JUNE 15 1999 APPLICANT: MATTHEW 8. DANITA HARTZ AGENDA ITEM NUMBER: 16 REQUEST: REZONE OF .323 ACRES FROM R-15 TO L-O AGENCY CITY CLERK: G1TY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: CO.._.. N!ENTS SEE ATTACHED MINUTES SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED RECOMMENDATION REVIEWED REVIEWED REVIEWED ~~ SEE ATTACHED COMME g~ SEE ATTACH MENTS ~~ ~~AA ~ ~ ~, l Vv~ Y INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Atl Materials presented at public meetings shall become property of the City of Meridian. i • Meridian Planning and Zoning Commission May 11, 1999 Page 104 MacCoy: Do you have any questions for Mr. Knopp at this point? De Weerd: No, but I would move to continue this to June grn Borup: Second. MacCoy: Okay I guess we are going to get that taken care of too. Any discussion? No. All in favor? MOTION CARRIED: All ayes. MacCoy: All ayes have it No. 10 will be continued. ITEM NO. 11: PUBLIC HEARING: REQUEST FOR REZONE OF .323 ACRES FROM R-15 TO L-O) BY MATTHEW ~ DANITA HARTZ-1990 N. MERIDIAN RD. MERIDIAN, ID: Stiles; Mr. Chairman, commissioners, you have our staff report dated May 7, 1999. This is an existing residence on Meridian Road. It's zoned R-15, they are proposing to rezone it to L-O to allow use for music instruction and sale of music supplies and instruments. With the conditions that we've outlined in our memo, staff recommends approval. I would like to do detailed signage review and hopefully that could be handled at staff level. If it was something that we didn't approve, we would get your input. MacCoy: Is that it for you two? Bruce do you have anything? Stiles: We did need a new legal description to match up to the center line of the road. MacCoy: Bruce is still figuring this out or what? Okay, is the applicant here then? Please come forward and. state your name and address. MATTHEW HARTZ, 1990 N. MERIDIAN RD., MERIDIAN, ID. Hartz: I do understand that a realtor worked on it yesterday and found three more existing surveys on the property that one of them. I should if I don't have that then I will get a surveyor to come out and do that, that's not a problem at all. MacCoy: Anything else you want to say about your project or your property? Hartz: Other than my wife and I specialize in music construction, violin especially. The house is a 1905 structure with a lot of original cabinetry on the inside that has been Meridian Planning and Zoning Commission May 11, 1999 Page 105 preserved and it really, really fits that vibe real well. The project lends itself well to teaching~facility because of the multiple bedrooms and things like that and everything. MacCoy: Did you research this the standpoint that it's 1905? Hartz: Yes. MacCoy: I was going to ask you what kind of vintage was you are buying here. Is it in pretty good condition? Hartz: Yes, it was completely-well, other than me remodeling the kitchen a little bit with my father, it was completely redone before I moved in, by the owner who I bought it from in November of 1997. MacCoy: It's nice to find old homes that have stood the test of time. Do you have any problem with the general comments or... Hartz: No, none at all. The one I guess question that I have when you know as far as dedicating the 48 feet of right-of-way is that I will have the 20 foot setback for the landscaping. When and if that does happen after hearing about all this, if I have to have another 20 foot setback, from another 18 feet, that's going to put that pretty close to- I'm worried a little bit about modifying my parking situation a little bit, but not much. MacCoy: What about signage for your place? Hartz: We are going to do a real nice just a pole sign. There are existing-not a pull sign. (Inaudible) There is a little iron gate over the entrance of the property right now. We are just going to put just a small hanging sign right there. MacCoy: Would you please give us a diagram of that so staff can do that? Hartz: Yes, that will all be provided. MacCoy: Commissioners do you have anything you want to ask him? Barbeiro: I peddle by your house every week, I think it is fabulous that you come up with an innovative way to make use of the property. Hartz: Well, the one thing that-it just, we found out by living there, it doesn't work as a residence anymore just because of the high volume of traffic and the lack of the residences around it. Mr. Evans to the south, he is all for this. Right across the street is L-O too. Meridian Planning and Zoning Commission May 11, 1999 Page 106 MacCoy: You can sit down then, since this is a public hearing is there anybody here who would like to support his request? If not, is anybody here wishing to state that they don't care for him to rezone his place? I don't see none of each. Back to the commissioners again. This is a rezone from R-15 to L-O. What do you want to do? Borup: Mr. Chairman, I move we recommend-Close the public hearing first. De Weerd: Second. MacCoy: I would like to have that happen. All in favor? MOTION CARRIED: All ayes. MacCoy: Thank you, now go ahead. Borup: Mr. Chairman, I move we recommend the approval of rezone of .323 acres from R-15 to L-O to include all staff comments. De Weerd: Second. MacCoy: Okay, any discussion? De Weerd: Nope. MacCoy: All in favor? MOTION CARRIED: All ayes. MacCoy: Okay you can go home and be happy with that one. You waited a long time. Good luck to you. ITEM NO. 12: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR MULTIPLE BUILDINGS ON ONE LOT BY WES WORCESTER D/B/A SANTEE CONSTRUCTION-SOUTH OF E PINE ST ~ WEST OF N RALSTIN ST: MacCoy: Staff what. do you want to tell me now. Us? Stiles: Mr. Chairman, commissioners, we have reviewed this application and you have our comments dated May 7, 1999. Had no major problems with it, I think most of it could be (Inaudible) in the building permit review process because we will be watching him really closely. MacCoy: All right, would the applicant take the stand. HUB OF TREASURE VALLEY Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live (208) 884-4264 1 b CITY OF MERIDIAN PUBLIC WORKS Coun is Mem ers BUILDING DEPARTMENT CHARLES ROUNTREE 33 EAST IDAHO (208) 887-221 ~ GLENN BENTLEY MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING RON ANDERSON DEPARTMENT KEITH BIRD (208) 884-5533 MEMORANDUM: May 7, 1999 To: Planning & Zoning Commission, Mayor and City Council From: Bruce Freckleton, Assistant to City En eer Shari Stiles, P&Z Administrator Re: Request for Rezone from R-15 to L-O by Matthew & Danita Hartz We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL COMMENTS: The legal description submitted with this application for rezone doesn't include '/2 of the Meridian Road right-of--way. Please submit a revised metes and bounds legal description that includes '/2 of the adjacent Meridian Road right-of--way and is referenced to the recognized government corners. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. 2. Assessments for sewer and water service will be reviewed to see if additional load would justify an adjustment. Please provide any information that you may have with regard to your anticipated water demand. Applicant will be required to enter into an Assessment Agreement with the City of Meridian prior to operation. 3. Meridian Road is designated as an entryway corridor in the Meridian Comprehensive Plan. The site is designated as Existing Urban in the Meridian Comprehensive Plan.. Although this application is only for rezoning, comments reflect additional ordinance requirements of which the Applicant needs to be aware. 4. The L-O zone does not permit retail stores, even as a conditional use. The applicant is requesting the L-O zone for music instruction and sale of violins, guitars and music supplies, which would be permitted in the L-O zone as a professional and sales office. RZ-99-004 g~y.Rz • • P&Z Commission/Mayor & Council May 7, 1999 Page 2 GENERAL REQUIREMENTS: 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written coir6rmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project wdl have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells maybe used for x~om domestic purposes such as landscape irrigation 3. Off-street pazking shaIl be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 4. Paving and striping of driveways and parking lot shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zonin$ and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 5. A drainage plan designed by a State of Idaho licensed azchitect 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. 6. Outside lighting shall be designed and placed so as not to direct illumination on any neazby residential azeas and in accordance with City Ordinance Section 11-2-414.D.3. 7. All signage shall be in accordance with the standards set forth in Section 11-2-4I 5 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 8. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 9. All construction sha11 conform to the requirements of the Americans with Disabilities Act. SITE SPECIFIC COMMENTS 1. Provide site plan detailing parking, landscaping, trash enclosures, etc., for review to ensure zoning compliance prior to applying for Certificate of Occupancy. 2. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. RZ 99A04 HsRzRZ • • P&Z Commission/Mayor & Council May 7, 1999 Page 3 3. Provide calculation of asphalt area with future site plans. A minimum of one (1) three-inch (3") caliper tree per 1,500 square feet of asphalt are required per Ordinance. 4. As Meridian Road is an entryway corridor, staff recommends a minimum 20-foot-wide landscape strip beyond required right-of--way adjacent to Meridian Road. 5. Coordinate locations and construction requirements of trash enclosure with Sanitary Services, Inc., and provide a letter of approval from their office prior to applying for occupancy. 6. Provide letter of approval from Ada County Highway District with submittal of site plan prior to issuance of Certificate of Zoning Compliance. 7. Provide handicapped accessible parking spaces and associated signage in accordance with the Americans with Disabilities Act. All bu>7ding and parking lot construction needs to meet the requirements of the Americans with Disabilities Act. 8. If rezoned to L-O, use of the property for residential use will no longer be a conforming use. Prior to use of the property for office use, residential use will need to be discontinued or a conditional use permit will need to be applied for and granted by the Meridian City Council. Use of the building exclusively as a retail or commercial site is not permitted within the L-O zone. 9. All Uniform Codes need to be met. 10. Five Mile Creek is adjacent to the easterly boundary of the property. This area is designated as a multiple use pathway in the Meridian Comprehensive Plan. Fish, wildlife and vegetation species and habitat should be protected and maintained, provided it is in the best interests of the City of Meridian. Consideration should be made for the land uses in these areas to minimi_,e the risk of pollution and to preserve the natural beauty of Five Mile Creek. 11. Signage should be limited to one low profile monument type sign Detaded signage plans will be subject to design review. 12. A development agreement may be required as a condition of rezoning. RZ-99-004 Hartz.RZ L BEFORE THE PLANNING AND ZONING COMMISSION In The Matter of The REQUEST FOR REZONE of APPROXIMATELY .323 ACRES FOR PROPOSED MUSIC RETAIL STORE AND INSTRUCTION FACILITY Case No. RZ-99-004 RECOMMENDATION TO CITY COUNCIL MATTHEW ~ DANITA HARTZ, Applicant INTRODUCTION 1. The property is approximately .323 acres in size. The property is generally located at 1990 N. Meridian Road, in Meridian. 2. The owners of record of the subject property are Matthew and Danita Hartz, of 1990 N. Meridian Road, Meridian, Idaho. 3. The Applicants are the owner of record. 4. The property is presently zoned as Medium High Density Residential (R-15), and is being occupied as a residence. 5. The Applicant requests the property be rezoned to Limited Office (L-O). 6. The proposed site is surrounded by the James Court apartment complex RECOMMENDATION TO CITY COUNCIL - 1 REQUEST FOR REZONE -MATTHEW & DANITA HARTZ -FROM R-15 TO L-O ~ ~ to the north and east and an empty lot, zoned Limited Office (L-O)to the west that is unoccupied, and property advertizing the Evans Apaloosa Ranch to the south. The site is located near the corner of Meridian Road and Ustick Road. 7. The subject property is within city limits of the City of Meridian. 8. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 9. The Applicant proposes to develop the subject property in the following manner: to establish and operate a music instruction and small music retail facility. 10. The Applicant's requested rezoning of the subject real property as Limited Office (L-O) is consistent with the commercial designation on the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Existing Urban. 11. There are no significant or scenic features of major importance that affect the consideration of this application. RECOMMENDATION 1. The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the rezoning as requested by the Applicant for the property described in the application. Adopt the Meridian Fire Department's Recommendations as follows: RECOMMENDATION TO CITY COUNCIL - 2 REQUEST FOR REZONE - MATTHEW ~ DANITA HARTZ -FROM R-15 TO L-O 1.1 Applicants shall upgrade the building to satisfy all code requirements, both Fire and Electric. Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 1.2 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 1.3 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City,Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 1.4 Off-street parking shall be provided in accordance with Section 11-2- 414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 1.5 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 1.6 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 parking areas. All site drainage shall be contained and disposed of on-site. 1.7 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-14.D.3. 1.8 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. RECOMMENDATION TO CITY COUNCIL - 3 REQUEST FOR REZONE -MATTHEW & DANITA HARTZ -FROM R-15 TO L-O • No temporary signage or flashing signs will be permitted. 1.9 Applicants shall provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 1.10 All construction shall conform to the requirements of the Americans with Disabilities Act. 1.11 Provide site plan detailing parking, landscaping, trash enclosures, etc., for review to ensure zoning compliance prior to applying for Certificate of Occupancy. 1.12 Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 1.13 Applicant shall provide calculation of asphalt area with future site plans. A minimum of one (1) three-inch (3") caliper tree per 1,500 square feet of asphalt are required per Ordinance. 1.14 As Meridian Road is an entryway corridor, Applicant shall install and maintain a minimum 20-foot-wide landscape strip beyond required right-of-way adjacent to Meridian Road. 1.15 Applicant shall coordinate locations and construction requirements of trash enclosure with Sanitary Services, Inc., and provide a letter of approval from their office prior to applying for occupancy. 1.16 Applicant shall provide letter of approval from Ada County Highway District with submittal of site plan prior to issuance of Certificate of Zoning Compliance. 1.17 Applicant shall provide handicapped accessible parking spaces and associated signage in accordance with the Americans with Disabilities Act. All building and parking lot construction needs to meet the requirements of the Americans with Disabilities Act. 1.18 If rezoned to L-O, use of the property for residential use will no longer be a conforming use. Prior to use of the property for office use, residential use will need to be discontinued or a conditional use permit will need to be applied for and granted by the Meridian City Council. RECOMMENDATION TO CITY COUNCIL - 4 REQUEST FOR REZONE -MATTHEW & DANITA HARTZ -FROM R-15 TO L-O ~ ~ Use of the building exclusively as a retail or commercial site is not permitted within the L-O zone. 1.19 All Uniform Codes need to be met. 1.20 Five Mile Creek is adjacent to the easterly boundary of the property. This area is designated as a multiple use pathway in the Meridian Comprehensive Plan. Fish, wildlife and vegetation species and habitat should be protected and maintained, provided it is in the best interests of the City of Meridian. Consideration shall be made for the land uses in these areas to minimize the risk of pollution and to preserve the natural beauty of Five Mile Creek. 1.21 Signage should be limited to one low-profile monument type sign. Detailed signage plans will be subject to design review. Z:\work\M\Meridian 15360M\Hartz CUP\1'Z.Rec RECOMMENDATION TO CITY COUNCIL - 5 REQUEST FOR REZONE - MATTHEW ~ DANITA HARTZ -FROM R-15 TO L-O HUB OF TREASURE VALLEY Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live (~08) 88-i-~1'_'6d council Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BU[LDIIVG DEPARTMENT (_08)887-__11 GLENN BENTLEY MERIDIAN, IDAHO 83612 ~~ J C'! ~ ~ 7--~ m RON ANDERSON Phone (208) 888-4433 • Fax (208) 887- - r L~LANNING AND ZONING DEPARTS-LENT KEITH BIRD MAR 2 2 1999 (''08) 881-533 Cite of Meridian ~"itg~ ~Ierk f;fl'ic~ TRANSMITTAL TO AGENCIES FOR COMMENTS. ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN - To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: May 4 1999 TRANSMITTAL DATE: March 18, 1999 _ HEARING DATE: May 11, 1999 FILE NUMBER: RZ-99-004 REQUEST: REZONE OF .323 ACRES FROM R-15 TO L-O BY: MATTHEW & DANITA HARTZ LOCATION OF PROPERTY OR PROJECT: 1990 N MERIDIAN RD TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT IRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDWN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLp,MATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE R