01-923 RZ Partitions Specialties 01-003 (101080994)CITY OF MERIDIAN
ORDINANCE NO. 01-
AN ORDINANCE FINDING THAT RONALD D. AND COLEEN M. SCHAUB,
THE OWNERS 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-4 (LOW DENSITY RESIDENTIAL DISTRICT) ZONING
DISTRICT TO L-O (LIMITED OFFICE DISTRICT) AS DEFINED UNDER
MERIDIAN CITY CODE § 1 I-7-2 G, 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 i. FINDINGS:
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-4 (Low Density
Residential) District to L-O (Limited Office) District as defined
under Meridian City Code § 11-7-2 G; and
RONALD D. AND COLEEN M. SCHAUB / (L-O) RZ-OI-O03 /
RE-ZONE ORDINANCE (Revised 06-21-01)
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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
The real property which is the subject of this ordinance is legally
described as follows:
Lot 2, Block 3 of Niday's Second Addition to Meridian as filed in
Book 11 of Plats at Page 594 records of Ada County, Idaho and a
portion of the NE 1/4 of Section 12, T. 3N., R. 1W., B.M.,
Meridian, Ada County, Idaho more particularly described as
follows:
Commencing at the northeast corner of said Section 12;
thence along the East boundary line of said Section 12, South
1199.80 feet;
thence North 89050'00" West, 30.00 feet to the northeast corner
of said Lot 2, said point being the RF2& POINT OF
BEGINNING;
thence South 89050'00'' East, 30.00 feet to the centerline of
North Meridian Road;
thence along said centerline South 00°00'00'' West, 64.00 feet;
thence along the south boundary line of said Lot 2 and the
easterly extension thereof North 89°50'00'' West, 150.00 feet to
the southwest comer of said Lot 2;
RONALD D. AND COLEEN M. SCHAUB / (L-O) RZ-OI-O03 /
RE-ZONE ORDINANCE (Revised 06-21-01)
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thence along the West boundary line of said Lot 2 North
00°00'00'' East, 64.00 feet to the northwest comer of said Lot 2;
thence along the North boundary line of said Lot 2 South
89°50'00" East, 120.00 feet to the Real Point of Beginning,
containing 0.22 acres (9600 square feet), more or less.
The following conditions shall be required as follows to-wit:
The site shall be brought into compliance with Ordinance 11-13-
1, which requires one (1), paved off-street parldng space per every
400 s.f. of office use. The Applicant shall provide a calculation of
the gross square footage of office use in the building to determine
the total number of required parldng stalls. The parking lot shall
be located in the rear yard of the building with access tal<en off
the alley. The lot shall be striped and include a handicap-
accessible stall in conformance with the Americans with
Disabilities Act (ADA).
The existing site does not conform to the current standards of the
Landscape Ordinance, specifically the street buffer and
pressurized irrigation requirements. The square-footage of the
existing structure shall not be increased without bringing the site
into compliance with all current ordinances. Tenant
improvements that do not increase the square-footage of the
structure may be considered under the existing lot configuration.
Assessments or re-assessments for sewer and water service for the
new use shall be determined during the Certificate of Occupancy
process.
ACHD's policy does not allow them to place street or right-of-
way conditions on Annexation or Rezone applications - only
development applications. ACHD's rezone staff report for this
project lists eight (8) requirements, which only take effect when
ACHD receives a development application (i.e. CUP, Certificate
of Zoning Compliance, etc.). Therefore, as long as the current use
does not change, no street improvements can be required by
ACHD. However, the City can place development conditions as
part of Rezone and/or Annexation applications. The Applicant
shall comply with Ordinance 12-5-2.K and construct a 5-foot
RONALD D. AND COLEEN M. SCHAUB / (L-O) RZ-OI-O03 /
RE-ZONE ORDINANCE (Revised 06-21-01 )
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wide concrete sidewalk abutting Meridian Road. The Applicant
shall need to obtain a permit from ACHD to work in the public
right-of-way and shall contact the ACHD Development Services
Department to determine the exact sidewalk location. The
sidewalk shall be constructed prior to a Certificate of Occupancy
being issued on the property.
A Development Agreement shall not be required for this
application.
Any existing domestic wells and/or septic systems within this
project shall be removed from their domestic service per City
Ordinance. Wells shall be used for non-domestic purposes such
as landscape irrigation.
A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer
(Ord. 557, 10-1-91) for all off-street parking areas. All site
drainage shall be contained and disposed of on-site.
All signage in the proposed project shall be in accordance with
the standards set forth in Section 11-14 of the City of Meridian
Zoning and Development Ordinance. No temporary signage~
flags, banners or flashing signs shall be permitted.
Off street parking shall be provided in accordance with the City
of Meridian Ordinance 11-13 for use of property.
All construction shall conform to the requirements of the
Americans with Disabilities Act.
Dedicate 35-feet of right-of-way from the centefline of Meridian
Road 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.
Construct a 5-foot wide concrete sidewalk and match paving on
Meridian Road abutting the parcel. Improvements shall be
constructed to one-half of a 40-foot street section.
RONALD D. AND COLEEN M. SCHAUB / (L-O) RZ-01-003 /
RE-ZONE ORDINANCE (Revised 06-21-01 )
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SECTION 2.
Pave the alley it's full width of 16-feet from the north property
line to Cherry Avenue.
Direct lot access to Meridian Road shall be prohibited because
there is not ample space for parking and there is no on-site turn
arotmd to prohibit motorists from backing out into Meridian
Road.
All utility relocation costs associated with improving street
frontages abutting the site shall be borne by the developer.
Utility street cuts in pavement less than five years old are not
allowed unless approved in writing by the District.
Pave the driveways to their full-required width of 24 to 30-feet to
a point 30-feet beyond the edge of pavement.
4.18 As required by District policy, restrictions on the width, number
and locations of driveways, shall be placed on future development
of this parcel.
4.19 Applicant shall also comply with the Ada County Highway
District's Standard Requirements listed in their April 9, 2001
letter.
Additionally, adopt the requirements of the City Council from their
meeting held on Tuesday, June 5, 2001, as follows:
4.20 The office space shall comply and satisfy all fire code
requirements including those pertaining to water flow and fire
hydrants.
4.21Applicant shall apply for an "Occupancy Permit" and the Building
Department shall verify that all codes have been met.
4.22Paving and striping shall be in accordance with the standards set
forth in the City of Meridian Zoning and Development
Ordinance and in accordance with Americans with Disabilities
Act (ADA) requirements.
That the above-described Property be, and the same is hereby re-
RONALD D. AND COLEEN M. SCHAUB / (L-O) RZ-OI-O03 /
RE-ZONE ORDINANCE (Revised 06-21-01 )
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zoned and designed (L-O) Limited Office District.
SECTION 3. That the City Engineer is hereby direct to alter all use and area
maps as well as the official zoning maps depicting the City of Meridian land use
zones in accordance with this ordinance.
SECTION 4: All ordinances, resolutions, orders or parts thereof in conflict
herewith are hereby repealed, rescinded and annulled.
SECTION 5. This ordinance shall be in full force and effect from and after its
passage, approval and publication, according to law.
this
this
APPROVED BY THE
day of
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO,
~ ~"' day of ~ t~ ,2001.
OF THE CITY OF MERIDIAN, IDAHO,
2001.
City Clerk
RONALD D. AND COLEEN M. SCHAUB / (L-O) RZ-O1-003 /
RE-ZONE ORDINANCE (Revised 06-21-01)
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STATE OF IDAHO,)
: SS.
County of Ada. )
On this ~t~ dayof ~C~/a~ ,2001, before me, the
undersigned, a Notary Public in and for said Sgate, personally appeared ROBERT D. CORRIE
and WILLIAM G. BERG, IR., lmown 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.
NOTARY PUBLIC FOR IDAHO
RESIDING AT:.~~..
MY COMMISSION EXPIRES:
15360M~artition Specialties, Inc. RZOl-OO3kRZOrdinance,doc
RONALD D. AND COLEEN M. SCHAUB / (L-O) RZ-OI-O03 /
RE-ZONE ORDINANCE (Revised 06-21-01 )
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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 Clerk, of the City of Meridian, Ada ~Co, unr~_
' Stale of Idaho, do hereby certify that the attached copy of Ordinance No.
passed by the City Council of the City of Meridian, on the d~ day of~C,~
2001, is a true and correct copy of the original of said docu~ich is in the~are,
custody and control of the City Clerk of the City of Meridian.
~'ILLIAM G. BERG, Jla. r ~
STATE OF IDAHO,
SS.
County of Ada,
On this day of ~
, in the year 2001, before me,
, 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.
Notary Public for Idaho
Commission Expires: //--0~
Z:\WorkWNMeridianX/Vleridian 15360NBPartition Specialties, Inc. RZ01-003\CertlficationOfClerkRZOrd.doc
CERTIFICATION OF TI-DE CITY CLERK OF THE CITY OF MERIDIAN - 1
RZ-01-003
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