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CITY OF MERIDIAN
ORDINANCE NO. 01- 402f'Z0
AN ORDINANCE FINDING THAT THE ESTATE OF ALLEN GENTRY,
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-8 (MEDIUM DENSITY RESIDENTIAL DISTRICT)
ZONING DISTRICT TO C-C (COMMUNITY BUSINESS DISTRICT) AS
DEFINED UNDER MERIDIAN CITY CODE § 11-7-2 1, 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:
I. 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-8 (Medium Density
Residential) District to C-C (Community Business) District as
defined under Meridian City Code § 11-7-2 I; and
SOL C. YAUN / (C-C) RZ-01-007
RE-ZONE ORDINANCE I
2. The City of Meridian Planning and Zoning Commission and City
Council having given notice and conducted all public hearings in
accordance with law 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 follows:
A parcel of land located in the E '/2 of the NE 1/4 of the NE 1/4 of
the NW 1/4 of Section 7 and the SE 1/4 of the SW 1/4 of Section 6,
T.3N., R.IE., B.M., Meridian, Ada County, Idaho, more
particularly described as follows:
Beginning at the N1/4 corner of said Section 7;
thence along the North-South centerline of said Section 7 South
00°34'39" West, 548.43 feet to a point on a curve to the left,
said point also being on the centerline of Five Mile Creek;
thence along the centerline of Five Mile Creek the following 4
courses;
along said curve 18.73 feet, said curve having a radius of 60.00
feet, a central angle of 17°52'55" and a long chord of 18.65 feet
which bears North 53°25'31" West;
thence North 62°20'48" West, 322.40 feet to the beginning of a
non-tangent curve to the right;
thence along said curve 32.23 feet, a radius of 30.00 feet, a
central angle of 61°32'59" and a long chord of 30.70 feet which
bears North 31°32'36" West;
thence North 00°44'24" West, 307.24 feet to a point on the
SOL C. YAUN / (C-C) RZ-01-007
RE-ZONE ORDINANCE - 2
southerly boundary line of Ada County tax parcel No.
51107212530;
thence along said southerly boundary line North 62°58'35" East,
115.32 feet to a point on the centerline of Fairview Avenue (U.S.
Highway 30);
thence along the centerline of Fairview Avenue North 88°47'00"
East, 223.46 feet;
thence leaving said centerline South 00°34'39" West, 2.86 feet to
the POINT OF BEGINNING. Contains 3.35 acres, more or less.
4. The following conditions shall be required as follows to-wit:
1. Applicant shall work with the Public Works Department on
dedication of an easement paralleling the Five Mile Creek for a
future sanitary sewer relief main.
2. Dedicate 60-feet of right-of-way from the centerline of Fairview
Avenue abutting the parcel by means of recordation of a final
subdivision plat or execution of a warranty deed prior to issuance
of a building permit (or other required permits), whichever occurs
first.
3. Construct a 5-foot wide concrete sidewalk on Fairview Avenue
abutting the parcel. Coordinate the location and elevation of the
sidewalk with District staff.
4. Construct a 24 to 30-foot wide driveway at the west property line
to align with Barbara Street on the north side of Fairview Avenue.
5. Required by District policy, restrictions on the width, number
and locations of driveways, shall be placed on future development
of this parcel.
SOL C. YAUN / (C-C) RZ-01-007
RE-ZONE ORDINANCE - 3
6. Upon review of a specific development application, ACHD may
have additional requirements not addressed in their report.
7. Comply with all Standard Requirements of the February 21,
2001 ACHD Commissioners letter, which they acted on MRZ-
01-001, and which conditions and requirements also apply to this
application (RZ-01-007).
8. That all uses on this property shall require a conditional use
permit.
9. That a significant portion of the property is within the flood
plain, which Five Mile Creek runs along; that Five Mile Creek is
designated as a multiple use pathway and in the future open
discussion on how to accommodate a pathway through the area
shall be required, which shall be included as part of the
conditional use permit process in the future.
SECTION 2. That the above-described Property be, and the same is hereby re-
zoned and designed (C-C) Community Business 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
SOL C. YAUN / (C-C) RZ-01-007
RE-ZONE ORDINANCE - 4
passage, approval and publication, according to law.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this
day of ,A 'I-a4,C-4— , 2002.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
day of GjV 2002.
ATTES
City Cleric
First Reading: 3—S 0 2—
Adopted after first readin by suspension o ' 'owed pursuant to Idaho
Code 50-902: YES NO
Second Reading:
Third Reading: —
SOL C. YAUN / (C-C) RZ-01-007
RE-ZONE ORDINANCE - 5
STATE OF IDAHO,)
ss.
County of Ada. )
On this day of �I Yl &kteL 3 , 2002, 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.
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(SEAL) C NOTARY PUBLIC FOR IDAHO
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SOL C. YAUN / (C-C) RZ-01-007
RE-ZONE ORDINANCE - 6
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 Cleric, of the City of Meridian, Ada County,
State of Idaho, do hereby certify that the attached copy of Ordinance No. 02;q4o
passed by the City Council of the City of Meridian, on the day of /Y-0- <K,,
2002, is a true and correct copy of the original of said document which is in the care,
custody and control of the City Clerk of the City of Meridian.
•
WILLIAM G. BERG, JR.
STATE OF ID
.S
County of Ada, )
On this -J day of in the year 2002, before me,
S�V a Notary Public, appeared
WILLIAM G. BERG, JR., known or identified to me to be the City Clerk 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.
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(S�) :��, OTl\ �A"to"!, Notary Public for Idaho
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CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN - 1
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BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 02-05-02
IN THE MATTER OF THE ) Case No: RZ-01-007
REQUEST FOR REZONE OF )
APPROXIMATELY 3.35 ACRES ) FINDINGS OF FACT AND
FOR FUTURE RETAIL ) CONCLUSIONS OF LAW,
DEVELOPMENT, LOCATED AT ) DECISION AND ORDER
725 FAIRVIEW AVENUE, ) GRANTING APPLICATION
MERIDIAN, IDAHO ) FOR REZONE
SOL C. YAUN, )
Applicant. )
The above entitled matter on the rezoning application of 3.35 acres
having come on for public hearing on February 5, 2002, at the hour of 6:30 o'clock
p.m., and Council having received the report of Shari Stiles, Planning and Zoning
Administrator, and appearing and testifying were: Shari Stiles, Planning and Zoning
Administrator, and Greg Carter, and the Council having received the record of this
matter made before the Planning and Zoning Commission, and having received their
Recommendation to the City Council, and the City Council having duly considered
the evidence and the record in this matter therefore makes the following Findings of
Fact and Conclusions of Law, Decision and Order:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 3.35 ACRES FROM R-8 TO C-C
BY: SOL C. YAUN/ (RZ-01-007) - 1
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
February 5, 2002, 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 5, 2002,
public hearing; and the applicant, affected property owners, and government
subdivisions providing services within the planning jurisdiction of the City of
Meridian, having been given full opportunity to express comments and submit
evidence.
2. There has been compliance with all notice and hearing
requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City
Code §§ 11-15-5 and 11-16-1.
3. The City Council takes judicial notice of its zoning, subdivisions
and development ordinances codified at Meridian City Code Title 11 and Title 12,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 3.35 ACRES FROM R-8 TO C-C
BY: SOL C. YAUN/ (RZ-01-007) - 2
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 3.35 acres in size. The property
is generally located at725 Fairview Avenue in Meridian, Idaho, and is described in
the application.
5. The owner of record of the subject property is the Estate of Allen
Gentry of Boise, Idaho.
6. The Applicant is Sol C. Yaun through Hubble Engineering of
Meridian, Idaho.
7. The property is presently zoned as R-8, and is vacant.
8. The Applicant requests the property be rezoned to (C-C)
Community Business District.
9. The proposed site is surrounded by a mobile home park,
apartment complex, auto repair and detailing shop and other commercial
developments.
10. The subject property is within 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 3.35 ACRES FROM R-8 TO C-C
BY: SOL C. YAUN/ (RZ-01-007) - 3
12. The Applicant proposes to develop the subject property in the
following manner: develop land for retail uses.
13. The Applicant's requested rezoning of the subject real property as
C-C is consistent with the commercial designation on the Meridian Comprehensive
Plan Generalized Land Use Map which designates the subject property as Mixed
Planned Use Development.
14. There are no significant or scenic features of major importance
that affect the consideration of this application.
15. In review of the application for rezone it is provided at Meridian
City Code § 11-15-11for the General Standards that the Commission and Council
review this proposed zoning amendment and pursuant to the criteria of said section,
and Staff conditions provide as follows:
Adopt the Recommendations of Planning and Zoning and Engineering Staff as
follows:
1. Applicant shall work with the Public Works Department on dedication
of an easement paralleling the Five Mile Creek for a future sanitary
sewer relief main.
Adopt the Recommendations of the ACHD as follows:
2. Dedicate 60-feet of right-of-way from the centerline of Fairview Avenue
abutting the parcel by means of recordation of a final subdivision plat or
execution of a warranty deed prior to issuance of a building permit (or
other required permits), whichever occurs first.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 3.35 ACRES FROM R-8 TO C-C
BY: SOL C. YAUN/ (RZ-01-007) - 4
3. Construct a 5-foot wide concrete sidewalk on Fairview Avenue abutting
the parcel. Coordinate the location and elevation of the sidewalk with
District staff.
4. Construct a 24 to 30-foot wide driveway at the west property line to
align with Barbara Street on the north side of Fairview Avenue.
5. Required by District policy, restrictions on the width, number and
locations of driveways, shall be placed on future development of this
parcel.
6. Upon review of a specific development application, ACHD may have
additional requirements not addressed in their report.
7. Comply with all Standard Requirements of the February 21, 2001
ACHD Commissioners letter, which they acted on MRZ-01-001, and
which conditions and requirements also apply to this application (RZ-
01-007).
Additionally, comply with the action of the City Council at their February 5,
2002 meeting as follows:
8. That all uses on this property shall require a conditional use permit.
9. That a significant portion of the property is within the flood plain,
which Five Mile Creek runs along; that Five Mile Creek is designated as
a multiple use pathway and in the future open discussion on how to
accommodate a pathway through the area shall be required, which shall
be included as part of the conditional use permit process in the future.
16. 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; it is found that the current Comprehensive Plan Land Use Map
delineates the property as "Mixed Planned Use Development". The requested C-C
zoning is harmonious with the "Mixed Planned Use Development" designation and is
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 3.35 ACRES FROM R-8 TO C-C
BY: SOL C. YAUN/ (RZ-01-007) - 5
in accordance with the overall goals and ideas of the Comprehensive Plan.
17. Is the area included in the zoning amendment intended to be re-zoned
in the future; it is found that the applicant does not intend to re-zone the property in
the future.
18. Is the area included in the zoning amendment intended to be developed
in the fashion that would be allowed under the new zoning; it is found that the
proposed C-C zone would be developed as in accordance to the uses permitted in the
C-C zone (retail uses are a permitted use in the C-C zone). Because this property is
located within a "Mixed Planned Use Development" section of the Comprehensive
Plan Land Use Map, all uses on this property shall require a conditional use permit.
19. Has there been a change in the area or adjacent areas which may dictate
that the area should be rezoned; it is found that there has been no change in the area
that would dictate how the area should be rezoned.
20. Will the proposed uses be designed, constructed, operated and
maintained to be harmonious and appropriate 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; it is found that the proposed uses,
retail, can be designed, operated and maintained in a manner that is appropriate and
harmonious with the existing area and that it will not change the essential character
of the general vicinity, (which currently incorporates commercial, industrial and
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 3.35 ACRES FROM R-S TO C-C
BY: SOL C. YAUN/ (RZ-01-007) - 6
office uses). If constructed and operated appropriately, the uses could be harmonious
with the existing and intended character of the same area.
21. Will not be hazardous or disturbing to existing or future neighboring
uses; it is found that the re-zone to C-C will not be disturbing to existing or future
neighboring uses.
22. Will be served adequately by essential public facilities and services such
as highways, street, police, and fire protection, drainage structures, refuse disposal,
water, sewer or that the person responsible for the establishment of proposed
conditional use shall be able to provide adequately any such service; it is requested
that the dedication of an easement paralleling the Five Mile Creek for a future
sanitary sewer relief main. The location of said easement is somewhat flexible, and
can be better determined upon review of the development site plans. It is also found
that the proposed uses will be adequately served all essential public services and
facilities.
23. 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; 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 use would not be detrimental to the economic welfare of the
community.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 3.35 ACRES FROM R-8 TO C-C
BY: SOL C. YAUN/ (RZ-01-007) - 7
24. Will not involve uses, activities, processes, materials, equipment, and
conditions that will be detrimental to any persons, property, or general welfare by
reason of excessive production of traffic, noise, smoke, fumes, glare or odors; it is
found that the proposed C-C zoned development will not involve uses, activities,
processes, materials, equipment, and conditions that are or may be detrimental to the
general welfare of the community.
25. Will have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding public streets; it
is found that the proposed use will not interfere with general traffic patterns on any
public streets.
26. Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance; it is not found that any natural or scenic feature will be
lost, damaged or destroyed by issuance of this rezone.
27. Is the proposed zoning amendment in the best interest of the City; it is
found that the zoning amendment would be in the benefit of the city by allowing a
property owner to make improvements to this property that would otherwise not be
made without the zoning amendment.
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 3.35 ACRES FROM R-8 TO C-C
BY: SOL C. YAUN/ (RZ-01-007) - 8
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 requested zoning of Community Business District, (C-C) is defined
in the Zoning Ordinance at 11-7-2 I as follows:
(C-C) Community Business District: The purpose of the C-C District is to
permit the establishment of general business uses that are of a larger scale than
a neighborhood business, and to encourage the development of modern
shopping centers with adequate off-street parking facilities, and associated site
amenities to serve area residents and employees; to prohibit strip commercial
development and encourage the clustering of commercial enterprises. All such
districts shall have direct access to a transportation arterial and collector and
be connected to the Municipal water and sewer systems of the City.
4. Idaho Code § 67-6511 provides and requires that the City
shall establish by ordinance one or more zones or zoning districts in accordance with
the adopted Comprehensive Plan and the ordinance establishing zoning districts can
be amended with particular consideration given to the effects of any proposed zone
change upon the delivery of services by any political subdivision providing public
services, including school districts, within the City's planning jurisdiction and that it
is in conformance with the Comprehensive Plan.
5. Idaho Code § 67-6511A provides:
Each governing board may, by ordinance adopted or amended in accordance
with the notice and hearing provisions provided under section 67-6509, Idaho
Code, require or permit as a condition of rezoning that an owner or developer
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 3.35 ACRES FROM R-8 TO C-C
BY: SOL C. YAUN/ (RZ-01.007) - 9
make a written commitment concerning the use or development of the subject
parcel. The governing board shall adopt ordinance provisions governing the
creation, form, recording, modification, enforcement and termination of
conditional commitments.
6. The City of Meridian by the adoption of Meridian City Code §
11-15-12 has exercised its authority to require or permit as a condition of rezoning
that an owner or developer make a written commitment concerning the use or
development of the subject property.
7. § 11-6-1 ZONING DISTRICT MAP provides in part as
follows:
The districts established in this Ordinance as shown on the
Official Zoning Map, together with all explanatory matter thereon, are hereby
adopted as part of this Ordinance. Where uncertainty exists with respect to
the boundaries of any of the zoning districts as shown on the Official Zoning
Map, the following shall apply:
7.1 Where district boundaries are indicated as approximately
following the centerline of street lines, highway right-of-way lines,
streams, lakes or other bodies of water, the centerline shall be construed
to be such boundary;
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 3.35 ACRES FROM R-8 TO C-C
BY: SOL C. YAUN/ (RZ-01-007) - 10
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. § 11-15-11of 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:
8.1 The new zoning will be harmonious with and in accordance with the
Comprehensive Plan.
8.2 The area is not intended to be rezoned in the future.
8.3 The area is intended to be developed in the fashion that is allowed
under the new zoning.
8.4 There has been no change in the area or adjacent areas which would
dictate the area should be rezoned.
8.5 The proposed uses will be designed, constructed, operated and
maintained to be harmonious and appropriate in appearance with the
existing or intended character of the general vicinity and that such use
will not change the essential character of the same area;
8.6 The proposed uses will not be 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;
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 3.35 ACRES FROM R-8 TO C-C
BY: SOL C. YAUN/(RZ-01-007) - 11
8.8 The use will not create excessive additional requirements at public cost
for public facilities and services and will not be detrimental to the
economic welfare of the community;
8.9 The proposed uses will not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any
persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors;
8.10 The area will have vehicular approaches to the property which shall be
so designed as not to create an interference with traffic on surrounding
public streets;
8.11 The use will not result in the destruction, loss or damage of a natural or
scenic feature of major importance; and
8.12 The proposed zoning amendment is in the best interest of the City of
Meridian.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN
ADOPTED, the City Council does hereby Order and this does Order:
I. The Applicant's request for rezone of approximately 3.35 acres to develop land
for retail uses, is granted, 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:
Adopt the Recommendations of Planning and Zoning and Engineering Staff as
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 3.35 ACRES FROM R-8 TO C-C
BY: SOL C. YAUN/ (RZ-01-007) - 12
follows:
1 Applicant shall work with the Public Works Department on dedication
of an easement paralleling the Five Mile Creek for a future sanitary
sewer relief main.
Adopt the Recommendations of the ACHD as follows:
2. Dedicate 60-feet of right-of-way from the centerline of Fairview Avenue
abutting the parcel by means of recordation of a final subdivision plat or
execution of a warranty deed prior to issuance of a building permit (or
other required permits), whichever occurs first.
3. Construct a 5-foot wide concrete sidewalk on Fairview Avenue abutting
the parcel. Coordinate the location and elevation of the sidewalk with
District staff.
4. Construct a 24 to 30-foot wide driveway at the west property line to
align with Barbara Street on the north side of Fairview Avenue.
5. Required by District policy, restrictions on the width, number and
locations of driveways, shall be placed on future development of this
parcel.
6. Upon review of a specific development application, ACHD may have
additional requirements not addressed in their report.
7. Comply with all Standard Requirements of the February 21, 2001
ACHD Commissioners letter, which they acted on MRZ-01-001, and
which conditions and requirements also apply to this application (RZ-
01-007).
Additionally, comply with the action of the City Council at their February 5,
2002 meeting as follows:
8. That all uses on this property shall require a conditional use permit.
9. That a significant portion of the property is within the flood plain,
which Five Mile Creek runs along; that Five Mile Creek is designated as
a multiple use pathway and in the future open discussion on how to
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 3.35 ACRES FROM R-8 TO C-C
BY: SOL C. YAUN/ (RZ-01-007) - 13
accommodate a pathway through the area shall be required, which shall
be included as part of the conditional use permit process in the future.
3. 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 (C-C) Community Business
District (Meridian City Code § 11-7-2 I) which ordinance shall be considered for
passage.
4. Subsequent to the passage of the Ordinance, provided for in
Section 2 of this Order, the engineering staff of the Public Worlcs Department shall
prepare the appropriate mapping changes of the official Zoning Maps as provided in
Meridian City Code § 11-21-1 in accordance with the provisions of the rezoning
ordinance.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City
of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person
who has an interest in real property which 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 3.35 ACRES FROM R-8 TO C-C
BY: SOL C. YAUN/ (RZ-01-007) - 14
By action of the City Council at its regular meeting held on �hc aitvl �q
2002.
ROLL CALL
COUNCILMAN KEITH BIRD VOTED
COUNCILWOMAN TAMMY deWEERD VOTED_/ i�v
COUNCILWOMAN CHERIE McCANDLESS VOTED
COUNCILMAN BILL NARY VOTED
MAYOR ROBERT CORRIE (TIE BREAKER) VOTED
DATED:
APPROVED: DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney.
By: Dated: 2'19'y Z
rty Clerk
ZAWork\M\Meddian\N4eridian 15360M\S01 C.Yaun RZ01-0070sClsOrde REZtwo.doe
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 3.35 ACRES FROM R-8 TO C-C
BY: SOL C. YAUN/ (RZ-01.007) - 15