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PZ - Ordinance RECORDED- REQUEST OF s OTC . ER J. CAVIG NAVARRO cr, . lii,",ilk FEEDEP &W'� Z002MR I I AM 9: 36 102028597 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. .� ,euqs •. )N S • • • • sl (SEAL) C NOTARY PUBLIC FOR IDAHO f RESIDING AT: ��� U vt`�%x Jotak o ielAo. MY COMMISSION EXPIRES: 04-28-05 ** so, ,,• Z:\WOIk\MWleridia \Meridian 15360M\Sol C.Yaun RZ01-007\RZOrdinance.doc 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. • OAT ••• Y� (S�) :��, OTl\ �A"to"!, Notary Public for Idaho 1 L Commission Expires: rA-28-Os Z • CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN - 1 RZ-01-007 � m C t� 3RD ST IT1 N W Z = O 7 0 p o frl o o N m << D 4i U J b N > s a W m D C1 Z Z 0 0 2 w a ,bZ'LO£ 6, N N O A ! w n PO — �? BARBARA DR � ,Uw N N .i rn r _ S00'34'39"W 648.43' S00'34'39"W - - 2.86' -. . al v m O Z - Z � Z � 47 _ D Z W �l7 < m D x7 5 m f a 0 m N f^ O z mu7 O1 D o 0(7 n z N Sm- � of z O m M7 rn r� D C� n Z o1 9M -Gv o N A Z Z Z N .. - p N O D < o b � 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