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HomeMy WebLinkAboutStrickland Sub RZ 03-012R~~1,.1~ M~~~ FEB ' 4 1004 City Of Meridian Cii"y clerk Ol~ce KEVIN E. DINIH$ JULIE KLVIN FISCHBR CHRISTOPHER D. GABHERT WM. F. GIGRAY, III T. Guv HALLAM'" JILL $. HOUNHA JOHN R. KORMANIK WILLIAM A. MORROW WILLIAM F. NICxOIS `* WHITE PETERSON ATTORNEYS AT LAW WHTTE PETERSON, P.A. CANYON PARKAT THE IDAHO CENTER $700 E. FRANKLIN F.D., SD1TE zoo NAMPA; IDAHO 83687-79oL TEL (zo8)g66-9272 FAx (zo8)q66-g4og February 20, 2004 CHRISTOPHER S. NYE PHILIPA, PETERSON TODD A. ROS$mAN TERAENCE R. WHITE *"* * Also admitted in CA " Also admitted in OR *'" Also admitted in WA William G. Berg, Jr., City Clerk MERIDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 Re: STRICKLAND SUBDIVISION /REZONE FINDINGS /REZONE ORDINANCE & CERTIFICATION OF CLERK /SUMMARY ORDINANCE AND SUMMARY COVER LETTER - RZ-03-012 Dear Will: Please find enclosed the original ofthe FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR REZONE prepared as per instructions from the Council meeting of February 17, 2004, and which aze on an upcoming agenda. Also, please find enclosed the above Rezone Ordinance and the Certification of the Clerk for the rezone for City of Meridian. After the Findings of Fact and Conclusions have been adopted, then please place this ordinance on the City Council agenda. This ordinance should not appucatton for Kezone are adopted. Additionally, I have enclosed a Summary Ordinance and the cover letter, which Summary Ordinance will need to be presented to the Council at the same time the full zoning ordinance is presented to Council for approval. If you have any questions arise, please advise. Very truly yours, ~,~ 2~w~Z/v` Wm. I ols Z:1Work1MlMeridianlMeridian 15360MStrickland Sub RZ-03-O12 PFP-03-006 CUP-D3-0631FFCL and OrdinanceClk 02 20 04.doc BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 02-17-04 IN THE MATTER OF THE REQUEST FOR REZONE OF 0.85 ACRE FOR STRICKLAND SUBDIVISION FROM R-15 TO O-T, LOCATED AT 1225 MAIN STREET, MERIDIAN, IDAHO ROY STRICKLAND, APPLIICANT. Case No: RZ-03-012 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING APPLICATION FOR REZONE The above entitled matter on the rezoning application of .165 acres having come on for public hearing on February 17, 2004, at the hour of 7:00 o'clock p.m., and Council having received the report of Anna Powell Planning Director for the Planning and Zoning Department, and Charles Eldredge, appeared and testified, and the Council having received the record of this matter made before the Planning and Zoning Commission, and having received their Recommendation to the City Council, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, Decision and Order: FINDINGS OF FACT The notice of public heazing on the application for rezoning was published for two (2) consecutive weeks prior to said public hearing scheduled for February 17, 2004, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 0.85 ACRE FROM R-15 TO O-T BY: ROY STRICKLAND FOR STRICKLAND SUBDIVISION - / (RZ-03-012) PAGE 1 OF 16 before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the February 17, 2004, public heazing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§67-6509 and 67-6511, and Meridian City Code §§11-15-5 and 11-16-1. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Meridian City Code Title 11 and Title 12, and all current zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately 0.85 acre in size and is at 1225 Main Street, Meridian, Idaho, and said legal description is on file with the Clerk's office at Meridian City Hall, 33 East Idaho, Meridian, Idaho. The legal description submitted with the application is accurate and meets the requirements of the City of Meridian and State Tax Commission. 5. The owner of record of the subject property is Lynn M. Hamilton, who has FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 0.85 ACRE FROM R-15 TO O-T BY: ROY STRICKLAND FOR STRICKLAND SUBDIVISION - / (RZ-03-012) PAGE 2 OF 16 given consent for the applicant to submit the requested applications. 6. The Applicant is Roy Strickland. The property is presently zoned as R-15 and has an existing house on the property. 8. The Applicant requests the property be rezoned to O-T. 9. The proposed site is bordered to the north by an existing house, zoned R- 15, and a gift shop, zoned C-C, to the south by an existing residence, zoned R-15, and a kazate studio, zoned C-C, to the east by the Meridian Post Office, zoned R-15, and to the west by an existing residence, zoned R-4, and Allstate Insurance, zoned L-O. 10. The Applicant proposes to develop the subject property in the following manner: as a multi-tenant medical/office building. 11. There are no significant or scenic features of major importance that affect the consideration of this application. 12. In review of the application for rezone it is provided at Meridian City Code § 11-15-1 lfor the General Standards that the Commission and Council review this proposed zoning amendment and pursuant to the criteria of said section finds that: 12.1 The new zoning will be harmonious with and in accordance with the Comprehensive Plan; 12.2. The area included in the zoning amendment is not intended to be rezoned in the future; 12.3 The proposed use will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area, subject to the conditions of the conditional use process; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 0.85 ACRE FROM R-15 TO 0-T BY: ROY STRICKLAND FOR STRICKLAND SUBDIVISION - / (RZ-03-012) PAGE 3 OF 16 12.4 The proposed use will not be hazardous or disturbing to existing or future neighboring uses, subject to the conditions of the conditional use process; 12.5. The area will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 12.6 The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 12.7 The use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 12.8 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 12.9 The use will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 12.10 The proposed zoning will be in the best interest of the City of Meridian. 12.2 Staff conditions provide as follows: A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: SITE SPECIFIC COMMENTS (Rezone) 1. A Development Agreement will not be necessary with this rezone. All conditions of approval will be made as part of the plat and conditional use permit. B. Adopt the Recommendations of the ACHD as follows: Site Specific Conditions of Approval 1. Construct a 5-foot wide detached concrete sidewalk on Meridian Road located 2-feet within the right-of--way. Coordinate the location and elevation of the sidewalk with District FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF O.SS ACRE FROM R-15 TOO-T BY: ROY STRICKLAND FOR STRICKLAND SUBDIVISION - / (RZ-03-012) PAGE 4 OF 16 staff. If the sidewalk meanders outside of the right-of--way, provide an easement for the sidewalk. The District will require a license agreement for the landscape strip with the detached sidewalk. An agreement must be approved prior to the issuance of a building permit (or any other required permits). Please contact the Right-of--Way Division at 387- 3271 for guidelines. 2. Replace unused curb cut on Main Street with standazd curb, gutter and concrete sidewalk to match existing improvements. 3. The applicant shall be required to provide access to the two lots internally from the improved alley. 4. Dedicate additional right-of--way to provide 10-feet from centerline of the alley. 5. Provide additional pavement to the alley with the dedication ofright-of--way. 6. Other than the access point(s) specifically approved with this application, direct lot or parcel access to Main Street and Meridian Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 7. Comply with all Standard Conditions of Approval. Standard Conditions of Approval Any existing irrigation facilities shall be relocated outside of the right-of--way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five yeazs old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF O.SS ACRE FROM R-15 TO O-T BY: ROY STRICKLAND FOR STRICKLAND SUBDMSION - / (RZ-03-012) PAGE 5 OF 16 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance # 198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right- of-way. The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative ofthe Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Provide afire-flow per the International Fire Code Appendix D to service the project. Fire hydrants shall be placed an average of 400' apart. 2. All internal roads shall have a taming radius of 28' inside and 48' outside. 3. All access roads within the project shall have a cleaz driving surface with a minimum width of 20' available at all times. Provide a 20' driving surface in the alley for building access. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 0.85 ACRE FROM R-15 TOO-T BY: ROY STRICKLAND FOR STRICKLAND SUBDIVISION - / (RZ-03-012) PAGE 6 OF 16 16. It is found that the requested zoning designation of O-T is in accord with the Comprehensive Plan's Future Lane Use Map, which delineates the subject property as "Old Town". The text of the Comprehensive Plan (page 99) supports a variety of uses in the O-T zone, including offices. In addition, it states, "In order to provide and accommodate preservation of the historical character, specific design requirements may be imposed. Pedestrian amenities would be emphasized." 17. It is not anticipated that the applicant intends to rezone the subject property again in the future, and the proposed re-zone and accompanying development plans comply with the requested zone. 18. It is found that the applicant has submitted detailed development plans for a Conditional Use Permit for the property. It is further found that the proposed multi-tenant office use will only be allowed with the approval of a Conditional Use Permit in the proposed O-T zone. 19. It is found that the recent adoption of the City's new Comprehensive Plan has provided the applicant with the ability to request the O-T zone for the subject property. Much of Meridian Road has already redeveloped from residential to office or commercial uses. 20. It is found that the proposed development is designed in a manner that will be harmonious with and appropriate in appearance with the existing neighborhood and intended character of the area. The applicant has placed the parking in the rear of the building, with new detached sidewalks along Meridian Road. 21. It is found that the requested rezone should not be disturbing to existing or future neighboring uses. Through the comp plan process, the City determined that compact, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 0.85 ACRE FROM R-15 TO O-T BY: ROY STRICKLAND FOR STRICKLAND SUBDIVISION - / (RZ-03-012) PAGE 7 OF 16 infill development was an appropriate use for the area. Any future use of the property that will have a significant impact on the properties will require conditional use approval under current ordinances, and adjoining property owners will have an opportunity to comment. It is anticipated that the proposed office building use will not be hazardous or disturbing to the neighboring uses. 22. It is found that the proposed uses can be served adequately by all essential public services and facilities. Drainage will need to be retained on site. 23. It is found that the requested uses will not create excessive additional requirements at public costs for public facilities and services. Additionally, it is found that the proposed rezone will not be detrimental to the community's economic welfare. 24. It is found that the proposed O-T zoning designation of the property does not inherently allow uses that will generate activities, processes, materials, equipment, and conditions that are detrimental to the general welfaze of the community. 25. It is found that the proposed O-T zoning will not interfere with general traffic patterns on any public streets. Review of the revised ACHD report, dated December 23, 2003, will provide a full report on traffic issues. 26. It is found that there are several existing mature trees on the site. Some will be affected by the proposed parking area. It is recommended that the applicant coordinate with the City Arborist, Elroy Huff, at the Parks Department for a determination on whether the trees must be mitigated for. 27. It is also found that the proposed rezone would be in the best interest of the City by allowing a property owner to make improvements to the property for re-development that would otherwise not be allowed without the rezone. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 0.85 ACRE FROM R-15 TO O-T BY: ROY STRICKLAND FOR STRICKLAND SUBDIVISION - / (RZ-03-012) PAGE 8 OF 16 CONCLUSIONS OF LAW for rezone. The City of Meridian has authority to rezone real property upon written request 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. 4. The requested zoning of Old Town District, (O-T) is defined in the Zoning Ordinance at 11-7-2 L as follows: (O-T) Old Town District: The purpose of the OT District is to accommodate and encourage further expansion of the historical core of the community; to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, quasi-public, cultural, financial and recreational center of the City. A variety of these uses integrated with general business, medium-high to high density residential, and other related uses is encouraged in an effort to provide the appropriate mix of activities necessary to establish a truly urban City center. The District shall be served by the Municipal water and sewer systems of the City. Development in this District must give attention to the handling of high volume of traffic, adequate parking, and pedestrian movement, and to provide strip commercial development, and must be approved as a conditional use, unless otherwise permitted. Idaho Code § 67-6511(c) provides in matters where the City Council is considering a zoning designation application as follows: "If the request is found by the governing board to be in conflict with the adopted plan, or would result in demonstrable adverse impacts upon the delivery of services by any political subdivision providing public services, including school districts, within the planning jurisdiction, the governing board may require the request to be submitted to the planning or planning and zoning commission or, in absence of a commission, the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 0.85 ACRE FROM R-15 TO O-T BY: ROY STRICKLAND FOR STRICKLAND SUBDIVISION - / (RZ-03-012) PAGE 9 OF 16 governing board may consider an amendment to the comprehensive plan pursuant to the notice and hearing procedures provided in section 67-6509, Idaho Code. After the plan has been amended, the zoning ordinance may then be considered for amendment pursuant to section 67-6511(b), Idaho Code." 6. The City of Meridian by the adoption of Meridian City Code § 11-15-12 has exercised its authority to require or permit as a condition of rezoning that an owner or developer make a written commitment concerning the use or development of the subject property. 7. § 11-6-1 ZONING DISTRICT MAP provides in part as follows: The districts established in this Ordinance as shown on the Official Zoning Map, together with all explanatory matter thereon, are hereby adopted as part of this Ordinance. Where uncertainty exists with respect to the boundaries of any of the zoning districts as shown on the Official Zoning Map, the following shall apply: 7.1 Where district boundaries are indicated as approximately following the centerline of street lines, highway right-of--way lines, streams, lakes or other bodies of water, the centerline shall be construed to be such boundary; 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. § 11-15-1 lof the Meridian City Code GENERAL STANDARDS APPLICABLE TO ZONING AMENDMENTS provides in part as follows: The Commission and Council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 0.85 ACRE FROM R-15 TO O-T BY: ROY STRICKLAND FOR STRICKLAND SUBDIVISION - / (RZ-03-012) PAGE 10 OF 16 8.1 The new zoning will be harmonious with and in accordance with the Comprehensive Plan. 8.2 The area is not intended to be rezoned in the future. 8.3 The azea is intended to be developed in the fashion that is allowed under the new zoning. 8.4 There has been no change in the area or adjacent areas which would dictate the area should be rezoned. 8.5 The proposed uses will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended chazacter of the general vicinity and that such use will not change the essential character of the same area; 8.6 The proposed uses will not be hazardous or disturbing to existing or future neighboring uses; 8.7 The area will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 8.8 The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 8.9 The proposed uses will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 8.10 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 8.11 The use will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 8.12 The proposed zoning amendment is in the best interest of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 0.85 ACRE FROM R-15 TO O-T BY: ROY STRICKLAND FOR STRICKLAND SUBDIVISION - / (RZ-03-012) PAGE 11 OF 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: The Applicant's request for rezone of 0.85 acre as a multi-tenant medical/office building, is subject to the terms and conditions of this Order hereinafter stated; and 2. The following special terms and conditions of use and development relate to this application to-wit: A. Adopt the Recommendations of the Meridian Planning & Zoning, Department as follows: SITE SPECIFIC COMMENTS (Rezone) A Development Agreement will not be necessary with this rezone. All conditions of approval will be made as part of the plat and conditional use permit. B. Adopt the Recommendations of the ACHD as follows: Site Specific Conditions of Approval Construct a 5-foot wide detached concrete sidewalk on Meridian Road located 2-feet within the right-of--way. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside of the right-of--way, provide an easement for the sidewalk. The District will require a license agreement for the landscape strip with the detached sidewalk. An agreement must be approved prior to the issuance of a building permit (or any other required permits). Please contact the Right-of--Way Division at 387-3271 for guidelines. 2. Replace unused curb cut on Main Street with standard curb, gutter and concrete sidewalk to match existing improvements. The applicant shall be required to provide access to the two lots internally from the improved alley. 4. Dedicate additional right-of-way to provide 10-feet from centerline of the alley. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 0.85 ACRE FROM R-15 TOO-T BY: ROY STRICKLAND FOR STRICKLAND SUBDIVISION - / (RZ-03-012) PAGE 12 OF 16 5. Provide additional pavement to the alley with the dedication ofright-of--way. 6. Other than the access point(s) specifically approved with this application, direct lot or parcel access to Main Street and Meridian Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 7. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of--way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACRD right-of--way. The applicant shall contact FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 0.85 ACRE FROM R-IS TO O-T BY: ROY STRICKLAND FOR STRICKLAND SUBDIVISION - / (RZ-03-012) PAGE 13 OF 16 ACRD Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent fo change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Provide afire-flow per the International Fire Code Appendix D to service the project. Fire hydrants shall be placed an average of 400' apart. 2. All internal roads shall have a turning radius of 28' inside and 48' outside. 3. All access roads within the prof ect shall have a clear driving surface with a minimum width of 20' available at all times. Provide a 20' driving surface in the alley for building access. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the re-designation of the zoning for the real property which is the subject of the application to (O-T) Old Town District (Meridian City Code § 11-7-2 L) which ordinance shall be considered for passage. 4. Subsequent to the passage of the Ordinance, provided for in Section 2 of this Order, the engineering staff of the Fublic Works Department shall prepare the appropriate mapping changes of the official Zoning Maps as provided in Meridian City Code § 11-21-1 in accordance with the provisions of the rezoning ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 0.85 ACRE FROM R-15 TO O-T BY: ROY STRICKLAND FOR STRICKLAND SUBDIVISION - / (RZ-03-012) PAGE 14 OF 16 NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerlc not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which maybe adversely affected by this decision 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 ~'hGti ~ 2 , 2004. ROLL CALL COUNCILMAN SHAUN WARDLE VOTED' COUNCILMAN BILL NARY VOTED COUNCILMAN CHARLIE ROUNTREE VOTED_ _~~- COUNCILMAN KEITH BIRD VOTED~~ ~' MAYOR TAMMY de WEERD (TIE BREAKER) VOTED DATED: 3~ Z-©~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 0.85 ACRE FROM R-15 TOO-T BY: ROY STRICKLAND FOR STRICKLAND SUBDIVISION - / (RZ-03-012) PAGE 15 OF 16 MOTION: APPROVED: DISAPPROVED: Weerd Attest: William G. Berg, Jr., City Copy served upon Applicant, the and the City Attorney. By: City Clerk Z:\WorklMlMeridian\Meridian 15360M~Strickland Sub .'`~ (~' ~pPP~lEO ~' = gEAL 9 ~~ '~~/ CT-\~oa~t r~ '~ 9 s~Ld: 9a Usr IsS •, .~ .. Public Works Department o~ ," FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 0.85 ACRE FROM R-15 TOO-T BY: ROY STRICKLAND FOR STRICKLAND SUBDIVISION - / (RZ-03-012) PAGE 16 OF 16