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HomeMy WebLinkAbout1990 09-18• A G E N D A MERIDIAN CITY COUNCIL SEPTEMBER 18, 1990 ITEM: MINUTES OF THE PREVIOUS MEETING HELD SEPTEMBER 4, 1990: (APPROVED) 1: FINDINGS OF FACT ON ANNEXATION REQUEST BY TREASURE VALLEY BAPTIST CHURCH: (TABLED UNTIL NEXT MEETING) 2: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT BY MOORE - & WURST: (FINDINGS TO BE PREPARED) 3: DEPARTMENT REPORTS: • ~ MERIDIAN CITY COUNCIL SEPTEMBER 18, 1990 Regular Meeting of the Meridian City Council called to order by Mayor Grant Kingsford at 7:30 p.m.: Members Present: Ron Tolsma; Bert Myers; Bob Giesler; Max Yerrington: Others Present: Ralph Christensen, K. Beumeler, Wayne Crookston, Terry Moore, Bill Gordon, Moe Alidjani: The Motion was made by Tolsma and seconded by Myers to approve the minutes of the previous Meeting held September 4, 1990 as written: Motion Carried: All Yea: Item #l: Findings of Fact on Annexation request by Treasure Valley Baptist Church. Mayor Kingsford: This item has been verbably asked to be withdrawn, although we have not received written confirmation that, I would make the recommendation that we table this until the next meeting: The Motion was made by Myers and seconded by Tolsma to table the request for Annexation by Treasure Valley Baptist Church until the next meeting: Motion Carried: All Yea: Mayor Kingsford: Out of order, Mr. Christensen, Meridian Lions Club: Christensen: I had advised earlier. that we would keep the City updated on the Rodeo we are having on October 29 and 30th. We opened the registration for the Bull riding last night and received 35 entries. The rest of the entries are open until tonight at 8:00 p.m.: I do need to meet with the Police Chief and get the security lined out, the evening of the 28th at 5:00 o'clock, we would like your presence over at the one barn, we are going to serve chicken and whatever goes with it, Mr. Reiman will be there with his Saratoga and his stagecoach to give rides to everybody and we have a band. The following afternoon at around two o'clock all of you should be prepared to ride in on the Saratoga and again on the 30th. The conflict we have right now is I need to have a Meridian Flag, as we planned on flying the Meridian Flag and I understand you do not have one, I would like to have a Centennial Flag,and I would like to have. the State Flag. On the evening of the 29th the Chamber of ,Commerce is having a barbeque.Everything has seemed to come together and the Lion's Club is very satisfied. K.D. Hartwell is the Grand Marshall. Item #2: Public Hearing: Request for Conditional Use Permit by Moore & Wurst for Car Lot at 225 East Fairview: Mayor Kingsford: At this time I will open-the public Hearing, is there anyone in the audience who wishes to testify on this request? There was no response, the Public Hearing was closed. Any questions of the Council, Mr. Moore is present. ~~ MERIDIAN CITY COUNCIL. --~ SEPTEMBER 18, 1990 RAGE # 2 Giesler: The only thing I would like to bring up is, is that I would like to make sure that we do not end up with a lot of trash or more of a storage yard or something like that, broke down vehicles or things like that that would accumulate, we have had problems with that throughout '. .. the area. Moore: That is not our intent. The Motion was made by Tol.sma and seconded by Myers to have the City Attorney prepare Findings of Fact on this request. Motion Carried: All Yea: Department Reports: Police Chief: The letter from the Prosecutor's Office regarding the agreement with St. Alphonus Hospital, I had some questions about that and contacted the City Attorney to provide me with comments also, did you come up with anything other than what we discussed Counselor? City Attorney: I did have a chance to talk to Greg Bower, I would just as soon talk to you about it and see what you think. Being no further business to come before the Council the Motion was made by Myers and seconded by Giesler to adjourn at 7:43 p.m.: Motion Carried: All Yea: (TAPE ON FILE OF THESE PROCEEDING) APP VED: G ANT KINGSFORD, MAYOR T: ~~ Ja iem~nn City Clerk ~., .,J May.6r P & Z Atty, Ward, Bldg, State SIRD, & Council Members Eng, Police, Fire Stuart, Gass, Hallett Dept. Valley News sman, ACHD, NIMD, CDH File (2) Mail (2) BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN MOORE & WURST CONDITIONAL USE PERMIT 225 EAST FAIRVIEW AVENUE MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having corne on for public hearing September 18, 1990 at the hour of 7:30 o'clock p.m., the Petitioner appearing in person, the City Council of the City of Meridian having duly considered the evidence and the matter, makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. That a notice of public hearing on the Conditional Use AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Marldian, Idaho 83842 Telephone 888.4481 Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for September 18, 1990, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the November 14, 1989, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices. were available to newspaper, radio and television stations; 2. That this property is located within the City of Meridian and is owned by the Applicants and is described in the • application, which description is incorporated herein as if set forth in full; the property is generally described as at the southeast corner of East 2 1/2 Street and Fairview Avenue; that the .property fronts on Fairview Avenue; the proposed use of the property is to operate an automobile sales lot for new and used cars. 3. That the property has been used for commercial businesses for some period of tirne in the past, and particularly as an automobile sales lot. The parcel is zoned C-G General Retail and Service Commercial according to the present zoning maps. The surrounding property is zoned either Community Commercial or General Retail and Service Commercial. 4. The C-G General Retail and Service Commercial District requires a conditional use permit for the operation of the use the application requests which is to operate a new and used car sales lot. 5. That the C-G District is described in the Zoning AMBROSE, FITZGERALD 6CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 888.4481 Ordinance, 11-2-408 B. 9 as follows: (C-G) GENERAL RETAIL AND SERVICE COMMERCIAL: The purpose o the -G District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. 6. That the use proposed by the Applicant is an enumerated allowed conditional use in the C-G District. 7. That the property to the west is a self-service gasoline station and a self-service car wash and is zoned Community Commercial; the property to the east is a bulk gasoline and oil distributor business and is zoned R-8 but the property has grandfather rights for the existing operation; the property to the south is a single family residence but is zoned R-8 rather than R-4; the property to the north is Fairview Avenue and the property north of Fairview Avenue is partially vacant ground, a seat cover business, an automobile transmission business, a tire shop, and other service and general retail operations largely automotive related and the property is zoned either Community Commercial or General Retail and Service Commercial. 8. That the present use of the property is for an auto body and recreational repair shop pursuant to a conditional use permit; that the immediate past use was for an automobile sales lot. 9. That proper notice has been given as required by law and all procedures before the City Council have been given and followed. 10. That the Applicant has submitted the names of the AMBROSE, FITZGERALD BCROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan, Ideho 83842 Telephone888-4481 people owning property within 300 feet of the property but their approval of the use of the property is not required because the property is not a residential district. 11. That no person submitted testimony at the hearing. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Complied Ordinances of the City of Meridian, Idaho; 3, That the City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code, and pursuant to 11-2- 418(D) of the Revised and Compiled Ordinances of the City of Meridian, Idaho; 4. That 11-2-418(C) of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which t he City Council shall review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area, the Planni ng and Zoning Commission preliminarily concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit is required by ordinance. AMBROSE, FITZGERALD 6 CROOKSTON Attorneys end Counaelore P.O. Box 427 Merldlan, Idaho 83842 Telephone 8884481 b. The use should be harmonious with and in. accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow • the use, c, The use is being designed and constructed, to be harmonious in appearance with the intended character of the general vicinity, such being designated as set forth in the definition of C-G as contained in Section 11-2-408 B 9. d. That from a zoning standpoint, the use should not be hazardous nor should it be disturbing to existing or future neighboring uses. e. The sewer and water service availability is in doubt and something will have to be done to provide sewer and water. f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community. g, The use should not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise, if operated in accordance with the requirements contained herein. h. Sufficient parking for the property and the proposed use must be provided. i, The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5, That comments may be submitted by the Ada County Highway District, the Idaho Transportation Department, the Central District Health Department, the Nampa & Meridian Irrigation District, and the City Engineer; that those comments are incorporated herein and shall be a requirement for issuance of the conditional use permit at this time. 6. That all applicable fire, life safety, building codes, AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counaelora P.O. Box 427 Meridian, Idaho 83842 Telephone 8884481 and other codes and regulations shall be met. 7. That if the Applicant fails to meet the requirements and conditions herein stated the conditional use permit may be ~ , ., revoked after an opportunity to be heard. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The City Counci 1 of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL: Councilman Yerrington Councilman Giesler Councilman Myers Councilman Tolsma Mayor Kingsford (Tie Breaker) DECISION Voted Voted Voted Voted Voted The Meridian City Council hereby approves the Conditional AMBROSE, FITZGERALD BCROOKSTON Attorneys end Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 8884481 Use Permit requested by the Applicant for the property described in the application, subject to the conditions stated herein, MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE - 6