Pet Care Clinic AP-10-001BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE REQUEST ) Case No. AP-10-001
TO WAIVE THE 20' X 20' WIDE DRIVEWAY )
ON THE WESTERN BOUNDARY AND THE )
CONSTRUCTION OF THE MULTI-USE )
PATHWAY ADJACENT TO FAIRVIEW )
AVENUE BOUNDARY APPROVED WITH )
THE PET CARE CLINIC CERTIFICATE OF )
ZONING COMPLANCE (CZC-09-056) )
ORDER OF
CONDITIONAL
FOR ) APPROVAL
WENPHI PROPERTIES )
BY: BRS ARCHITECTS (Applicant) )
The above entitled matter having come on for public hearing before the City
Council on February 2, 2010, at the hour of 7:00 o'clock p.m. at Meridian City Hall, 33
East Broadway Avenue, Meridian, Idaho, and the City Council takes judicial notice of its
action of the approval with conditions of the request to waive two Unified Development
Standards required for the Pet Care Clinic Certificate of Zoning Compliance (CZC-09-
056) City Council Review (AP-10-001) and the hearing was opened on the application.
Bill Parsons, Associate City Planner, Anna Canning, Planning Director and Steve
Siddoway, Parks Director for the Planning Department and the Parks Department, and
Scott Stom, BRS Architects, and Phil Larkin on behalf of Wenphi Properties, appeared
and testified, and the City Council based upon its Findings of Fact and Conclusions of
Law, and Decision and Order in Case No. AP-10-001 does hereby approve the request to
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF THE DIRECTOR'S
DECISION FOR PET CARE CLINIC; CASE NO. AP-10-001
PAGE 1 OF 3
modify the conditions of approval for the Pet Care Clinic Certificate of Zoning
Compliance.
FINDINGS OF FACT
The approved Certificate of Zoning Compliance required the Applicant to
construct a 20' X 20' wide driveway along the western boundary. Further, the Unified
Development Code required the construction of a 10-foot wide multi-use pathway
adjacent to Fairview Avenue (northern property boundary). The Applicant's request was
to construct the improvements with the future extension of Jericho Road and the future
widening of Fairview Avenue. It is found that the Applicant's request to City Council is
not reasonable granted as requested, however Council has approved the request to modify
width of the multi-use pathway and has directed Legal Staff to enter into a signed
agreement with the applicant in Case No. AP-10-001 with the following conditions.
DECISION AND ORDER
The Council ordered that the Applicant's appeal of a Director's decision is
approved with conditions. Pursuant to the City Council's authority as provided in
Meridian City Code Section 11-SA-6 and based upon the above and foregoing testimony,
comments, Findings of Fact which are herein adopted with the following additional
conditions and considerations:
1) The applicant shall construct a 6-foot wide multi-use pathway along
Fairview Avenue in lieu of the 7-foot requirement;
2) The applicant agrees to construct the 20' X 20' foot wide driveway at the
time future Jericho Road is extended along the western boundary and close off access to
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF THE DIRECTOR'S
DECISION FOR PET CARE CLINIC; CASE NO. AP-10-001
PAGE 2 OF 3
Fairview Avenue. If said driveway is not constructed at that time, the applicant shall pay
the compensatory amount as outlined in the attached agreement labeled as Exhibit A.
IT IS HEREBY ORDERED AND THIS DOES ORDER, that the City Council does
hereby approve the request to construct the 20' X 20' wide driveway at the time future
Jericho Road is constructed as described in the agreement attached as Exhibit A and
approves the reduction of the multi-use pathway from 7 feet in width to 6 feet in width
along Fairview Avenue approved with the Pet Care Clinic Certificate of Zoning
Compliance (CZC-09-056).
By action of the City Council at its regular meeting held on the ~ ~Iday of
~~W
~; 2010. ~
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Joyce .Holman, City Clem 9~ ~`'
Copy served upon Applicant, the°3~~ ~a`~ Department, Public Works
Department, and City Attorney ~°s"t;,;P,,,,~+~~~`~
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF THE DIRECTOR'S
DECLSION FOR PET CARE CLINIC; CASE NO. AP-10-001
PAGE 3 OF 3