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HomeMy WebLinkAboutFindingsI ' • • BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION FREDRIC V. SHOEMAKER, et al APPLICATION FOR REZONE NW 15th STREET MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLIISIONS OF LAW The above entitled matter having come on for public hearing April 9, 1991, at the hour of 7:30 o'clock p.m. Testi- mony was presented in favor of request, and also in opposition thereto. The Planning and Zoning Commission 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 Application for Rezone was published for two (2) consecutive weeks prior to the said public hearing scheduled for April 9, 1991, the first publication of which was fifteen (15) days prior to said hear- ing; that the matter was duly considered at the April 9, 1991, 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 Petitioner, Fredric V. Shoemaker, et al, and is described in the application which description is incorporated herein. FINDINGS OF FACT AND CONCLQSIONS OF LAW - 1 • • 3. That the property is zoned Limited Office District (L-O). 4. That the Amended Restrictive Covenants and Restrictions covering Leisman Addition recorded in Instrument No. 8111915, records of Ada County, Idaho, specifically pro- vides in Section 2a that all of said lots shall be known and described as Commercial-Limited Office lots. That said Covenants and Restricts further provide in Section 3 that the Covenants may be amended by a majority of the owners of said lots. That a majority of said lot owners have consented to the rezone of the subject property. 5. That the rezone request is limited to Lots 1-5, Block 3 of Leisman Addition. That the request is for a rezoning of said :~.ats to R-15 zoning. 6. That city sewer and water is already available to the property, but the use may require additional charges or fees . 7. That notice was given to all property owners who are within 300 feet of the external boundaries of the land being considered, and all property owners included within the property being considered. 8. That the subject property is surrounded on three sides, the south, west and north by property zoned Limited- Office District (L-O). That the property on the east is FINDINGS OF FACT AND CONCLQSIONS OF LAW - 2 • • presently zoned R-4. CONCLIISIONS OF LAW 1. That all th.e procedural requirements of the Local- Planning Act and of the Ordinances of the City of Meridian have been met and complied with by Petitioner. 2. That the City of Meridian has authority to grant applications for rezone pursuant to 67-6511 Idaho Code and, pursuant to 11-2-416 of the Revised and Compiled Ordinances of the City of Meridian. 3. That the application for rezone being limited to Lots 1-5 in Block 3, is in effect only a partial rezone of the area, Lots 6 and 7, Block 3 is presently vacant land. 4. That 11-2-416 (R) of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for zoning amendments; that upon a review of those requirement and a review of the facts presented and the conditions of the area, the Planning and Zoning Commission concludes as follows: A. That the new zoning would be in accordance with the comiprehensive plan. B. The area included in the zoning amendment is not intended to rezoned in the future. C. The area included in the zoning amendment is in- tended to be developed in the fashion that would be allowed under the new zoning. FINDINGS OF FACT AND CONCLQSIONS OF LAW --3 •- • • D. There has not been any change in the area or adjacent areas which would dictate that the azea should be rezoned. E. The proposed uses will not be designed, constru- cted, operated and maintained to be hazmonious and appropriate in appearance with the existing or in- tended character of the general vicinity and that such use will change the essential character of the same area. F. The azea will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structure, refuse disposal, water and sewer. G. The area will not create excessive additional re- quirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. H. The proposed uses will not involve uses, activities, processes, materials, equipment and conditions of operation that will~be detrimental to any persons, pro- perty or the general welfaee by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. I. The vehicular approaches to the property will not create an interference with traffic on surrounding public streets. J. The use of the azea will not result in the destruc- tion, loss or damage of a natural or scenic feature of major importance. R. The proposed zoning amendment is not in the best interest of the City of N~eridian. 5. The request for rezone should be denied. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions of Law. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 4 P i ~ n • • 7?f1T.T. C`AT.T. COMMISSIONER HEPPER COMMISSIONER ROONTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI VOTED (~ ~. ~' VOTED (/, C q VOTED VOTED~~e J ~'" CHAIRMAN JOHNSON (Tie Breaker) VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they deny the request for rezone requested by the applicant for the property described in the application in accordance with the Findings of Fact and Conclusions of Law set forth herein. MOTION: APPROVED:~e9 DISAPPROVED: Jack C. Riddlemoser Attorney at Law Meridian, Idaho 83642 FINDINGS OF FACT AND CONCLIISIONS OF LAW - 5 ~ • BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION FREDRIC V. SHOEMAKER, et al APPLICATION FOR REZONE NW 15th STREET MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLDSIONS OF LAW The above entitled matter having come on for public hearing April 9, 1991, at the hour of 7:30 o'clock p.m. Testi- mony was presented in favor of request, and also in opposition thereto. The Planning and Zoning Com®ission 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 Application for Rezone was published for two (2) consecutive weeks prior to the said public hearing scheduled for April 9, 1991, the first publication of which was fifteen (15) days prior to said hear- ing; that the matter was duly considered at the April 9, 1991, 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 Petitioner, Fredric V. Shoemaker, et al, and is described in the application which description is incorporated herein. FINDINGS OF FACT AND CONCLIISIONS OF LAW - 1 3. That the property is zoned Limited Office District (L-O). 4. That the Amended Restrictive Covenants and Restrictions covering Leisman Addition recorded in Instrument No. 8111315, records of Ada County, Idaho, specifically pro- vides in Section 2a that all of said lots shall be known and described as Commercial-Limited Office lots. That said Covenants and Restricts further provide in Section 3 that the Covenants may be amended by a majority of the owners of said lots. That a majority of said lot owners have consented to the rezone of the subject property. 5. That the rezone request is limited to Lots 1-5, Block 3 of Leisman Addition. That the request is for a rezoning of said :lots to R-15 zoning. 6. That city sewer and water is already available to the property, but the use may require additional charges or fees . 7. That notice was given to all property owners who are within 300 feet of the external boundaries of the land being considered, and all property owners included within the property being considered. 8. That the subject property is surrounded on three sides, the south, west and north by property zoned Limited- Office District (L-O). That the property on the east is FINDINGS OF FACT AND CONCLUSIONS OF LAW - 2 presently zoned R-4. CONCLQSIONS OF LAW 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met and complied. with by Petitioner. 1. That the City of Meridian has authority to grant applications for rezone pursuant to 67-6511 Idaho Code and, pursuant to 11-2-416 of the Revised and Compiled Ordinances of the City of Meridian. 3. That the application for rezone being limited to Lots 1-5 in Block 3, is in effect only a partial rezone of the area, Lots 6 and 7, Block 3 is presently vacant land. 4. That 11-2-416 (R) of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for zoning amendments; that upon a review of those requirement and a review of the facts presented and the conditions of the area, the Planning and Zoning Commission concludes as follows: A. That the new zoning would be in accordance with the comprehensive plan. B. The area included in the zoning amendment is not intended to rezoned in the future. C. The area included in the zoning amendment is in- tended to be developed in the fashion that would be allowed under the new zoning. FINDINGS OF FACT AND CONCLQSIONS OF LAW --3 ' ~ ~. D. There has not been any change in the area or adjacent areas which would dictate that the area should be rezoned. E. The proposed uses will not be designed, constru- cted, operated and maintained to be harmonious and appropriate in appearance with the existing or in- tended character of the general vicinity and that such use will change the essential character of the same area. F. The area will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structure, refuse disposal, water and sewer. G. The area will not create excessive additional re- quirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. H. The proposed uses will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, pro- perty or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. I. The vehicular approaches to the property will not create an interference with traffic on surrounding public streets. J. The use of the area will not result in the destruc- tion, loss or damage of a natural or scenic feature of major importance. R. The proposed zoning amendment is not in the best interest of the City of Meridian. 5. The request for rezone should be denied. APPROVAL OF FINDINGS OF FACT AND CONCLDSIONS OF LAW The Meridian Planning and Zoning Co~i.ssion hereby adopts and approves these Findings of Fact and Conclusions of Law. FINDINGS OF FACT ATID CONCLIISIONS OF LAW - 4 D~1T_T_ ['aT_T_ COMMISSIONER HEPPER COMMISSIONER ROQNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI VOTED [~ N ~ VOTED !,' C g VOTED_y~ voTED 1~ Se ~ ~" CHAIRMAN JOHNSON (Tie Breaker) VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Comanission hereby recommends to the City Council of the City of Meridian that they deny the request for rezone requested by the applicant for the property described in the application in accordance with the Findings of Fact and Conclusions of Law set forth herein. MOTION: APPROVED :~}~J f (/~~9 DISAPPROVED: Jack C. Riddlemoser Attorney at Law Meridian, Idaho 83642 FINDINGS OF FACT AND (;ONCLDSIONS OF I,AW - 5