Loading...
HomeMy WebLinkAboutBrewer, E. Faye Rezone~'~ri ,_ MERIDIAN CITY COUNCIL JANUARY 20, 1986 PAGE # 2 Motion Carried: All Yea: Item #2: Transfer of Beer & Wine License Farmers Club: Mayor Kingsford, Chief Porter do you have any problems with this? Porter, I have checked this out and found nothing derogatory. The Motion was made by Giesler and seconded by Brewer to transfer the beer and wine license of the Farmers Club from Pat Rogers to Authur Moore: Motion Carried: All Yea: Item #3: Audit Report: Mayor Kingsford, I would like to defer this item until the next meeting. We visited with the auditor tonite and believe it would be in the best interest of the City to have an explanatory note added to the report. The Motion was made by Brewer and seconded by Giesler to table this item until the February 3, 1986 meeting. Motion Carried: All Yea: Item #4: Amended Ordinance #459: Mayor Kingsford, this is a amended Ordinance on the Terteling Trust Annexation , Mr. Smith will you explain the correction? Smith, the ending of the description did not end up back at the point of beginning. Mayor Kingsford, an Ordinance amending Ordinance #459 which Ordinance annexed and zoned a part of the Southwest Quarter, Section 18, Township 3 North, Range 1 East, Boise-Meridian, Ada County, Idaho:. and providing an effective date, is there anyone in the audience who wishes Amended Ordinance #459 read in its entirety?There was no response: The Motion was made by Tolsma and seconded by Brewer that the rules and provisions of 50-902 and all rules and provisions requiring that Ordin- ances be read on three different days be dispensed with and that Amended Ordinance #459 be passed and approved: Motion Carried: Roll Call Vote: Brewer, Yea: Tolsma, Yea: Myers, Yea: Giesler, Yea: Item #5: Ordinance #461: Rezone of Faye_Brewer Property: Mayor Kingsford, An Ordinance amending and changing the zoning of certain real property which is part of Blocks 2 and 3 of the amended plat of F.A. Nourse's third addition to Meridian, Ada County, Idaho, also known as 1303 East First Street, Meridian, Idaho., is there anyone in the audience who wishes Ordinance #461 read in its entirety? There was no response. 1 ~..' ~~ ` ~< >1 x74 ~:, err 3F'~`~...: ?~' :?.,9 ~4.~e a. -# ~,,: *r, '.,~' ~~ `~ s »f ~;~ '~~ .~3 ,. ~. ';.=~ (Y' ~: 0.~. ~3` i~ MERIDIAN CITY COUNCIL® JANUARY 20, 1986 PAGE # 3: The Motion was made by Tolsma and seconded by Myers that the rules and provisions of 50-902 and all rules and provisions requiring that Ordin- ances be read on three different days be dispensed with and that Ordinance #461 be passed and approved: Motion Carried: Roll Call Vote: Myers, Yea: Giesler, Yea: Tolsma, Yea: Brewer, Abstained: Department Reports: Chief Porter, the City of Meridian does not have a Pawn Shop Ordinance and I believe we should have something to cover this. I would like to review some other Cities Ordinance and meet with Mr. Giesler and the City Attorney to draft up an Ordinance to cover Pawn Shops. It was the consensus of the Council to proceed with this item: Being no further business to come before the Council the Motion was made by Myers and seconded by Tolsma to adjourn at 7:40 p.m.: Motion Carried: All Yea: (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: r GRANT KINGSFORD, MAYOR ATTEST: // J,eck -Nie ann City Clerk '~~~ pc : Mayon & Council P&Z Commission Atty, Eng, Fire Police, Ward, Stuart, Mitich, Kiebert, Hallett Valley News, Statesman ACC, ACHD,ACZ,CDH, NIMD Mail (3) File (5) r~, ~~~" ~,~ ' f , ~~, ri `__ ~j k. _ • N. ~!' CORNEN ~~ SEC. 7 - E.FQY~ BREWER BONE CNAN6~-pRQ¢b1 2, ~~~. ~~ _ N.W,Y45~G,7, T3N., R-IL.,BM•-r4DA•C0. °' .~ ~ - /. /S fis'L. ~oiG CHERRY `~L~I. ' .- _ ~~~. - .._!~' ~ ............ ,r~. ;,E~ si- .~ ~ '` : ,~ '' M ,~§ ~: ; - - ~ ~ ~ ~. T ~ 1 L ~ . ~ ~ ~ ~ ~ r`; - -. ~I ~ , l .j ~rj~Ilifl'I tlSt ~ :~l ~ -i~ '{.. y _, ` Y'±~' a ~.', i~'.~Alf~.~ Ats.i _. _ ,,~ _ ~~ ~. .. ~ ~! ~~ Q ~ ~ x ~ ~ !' if4.6 ~ 1Mf.5 ~ ~~~lJ~.. get •t ~~ ._. tom`;:;; - ~ ~ ~. s ,l~..i `~ X11 i L M AV. MZt ~ t~a.j a rec. s ~`, ~ ~ ir. • • ~ j~\~ ,, v 7J ~ IN. > ~ O I ` , \ ~ V ~•Z4 r b ~ r No t r'JcN • h~ N!.'J r r i2i 1D -- '~'~, * ~; r-~ ~ ~ eAp~ Y ~ ~.< ~ a a ~ e1~ _~ Q ~ ~~.Its~ 9~wi MAPLE A~/. ~a.l ~ t.. ~-• _ :~ ~' - ~ k f ~ K~ ~~. . N ~ ~ - L ~ 3 v ..~ a - ,.s ~• y ~+ g~ r, r06 ~~ 1 ~ v, L 04 N r y t•v ~ ~ w ~ • ~ 0 ~~ ~ ~;`. CHERRY AV. `•~.• ter.` `' ~~~: __ ,:t ~: t H ~ _ ~ ?:PAYE 6R~WisR :..~.. , + s ~ s i... W ~ ~ON~ G1~ANISF~ TO + « ,, ~ ~ ~ 1 ~s•• ~~- r ~ ~ ~ ~ ~ i~ f H b l7 ~i ~J ~ ~ t s ~ __~T- ~~; s • ,. ,..:~ ~ .t ~ ~ ' t.: ~ ~ ~ ~~ ~ ~ ~ ~' a' Q O N ~ y ~5. f t 9' •• f ` ~# 3 Y ss ~ R ~ ~ ~ a - ~ i ~ ~ i I ~ ~ ..1.~. 3~_ ~ _'~ t, -. ~. Ian ~f • , ' ,'~. ! • !;~'° • ~ '~- ~ ~ ~ 1 ~ ! ~ .~ '!!~ 7. - Q 1 ti ~,Y a» ~.` • • ii i Ij •. ~ do B~ to ~ ~ t s~ re fP wa~c~sw~~.: u~~ a ~ s ~ .•~ is b .. _, .' °• - ~ i a;~~s'~ • •''`' ~r~t ~/ a s o s s ~ i s io. N• t s! s ! t. 7" i< i u ~s v ~; ,.~' +• i ~i ~ ~:, 3~ ~~'tl ~ii ,:. ~~~`~ ~'r ' .i 3' Vii;; :.i e~ o ORDINANCE N0. f---~ AN ORDINANCE AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY WHICH IS A PART OF BLOCKS 2 AND 3 OF THE AMENDED PLAT OF F.A. NOURSE'S THIRD ADDITION TO MERIDIAN, ADA COUNTY. IDAHO, ALSO KNOWN AS 1303 EAST FIRST STREET, MERIDIAN, IDAHO. WHEREAS, The City Council and the Mayor of the City of Meridian, Idaho, have concluded that is in the best interest of said City to amend and change the zoning from "R-15" Residential to "L-0" Limited Office for the following described land: The North 8 feet of the East 170 feet of Block 2 and the South 75 feet of the East 170 feet of Block 3 of the amended Plat of F.A. Nourse's Third Addition to Meridian, according to the Plat thereof, filed in Book 7 of Plats at page 299, records of Ada County, Idaho. ~;3':v, ~~' C~%i: AMBROSE, FITZGERALD 8 CROOKSTOPI Attorneys end Counselors P.O. Box 427 Merldlsn, Idaho 83842 Telephone BSe-4181 NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of Meridian, Ada County, Idaho. Section 1. That the aforementioned real property which is described as follows: The North 8 feet of the East 170 feet of Block 2 and the South 75 feet of the East 170 feet of Block 3 of the amended Plat of F.A. Nourse's Third Addition to Meridian, according to the Plat thereof, filed in Book 7 of Plats at page 299, records of Ada County, Idaho. Be and the Same hereby is rezoned from "R-15" Residential to "L-O" Limited Office and Section 11-2-425, Official Zoning Maps is hereby amended to reflect the same. i ~. , fi. ~S=t: _ lY 4 ~~~ ~P .,;.:r. ;; ~ f: Section 2. This Ordinance shall be in full force and effect '~` -' from and after its passage and approval as required by law. Passed by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this ~~ day of January, 1986. ~~TA ;, ., _<.. J '} ~^. P. APPROVED: ~:y' ~~ ..fit=~ _ h• • ~/ MAYOR--GRANT P. RING FORD ~- ~` ATTEST fh,{' ~P} f[ do '- 4/~T' t CITY r CLERK--JACK NIEMANN ~c~_ j J/ S ~ ~fi i_~tl Y! ,, :'~' AMBROSE, ,x , ~i'~ FITZGERALD d CROOKSTON 's' Attomeye and Counaelora _ P.O. Box 427 Marldlan, Idaho 83842 Te~ePhare 8884481 x:-a~u ~[~~( .. .;.~:: '"~' _i _ , , .., ~y~ .. {~ _ .. - ' ~_ ~ ;h.~" ~~4~,'~ ~x i, 4 #, (' '. ' ~: ~;: ;.,.;;.p'4. r- .'. ~~,;. a _` ~, ~~ ° 'iS+s ~~~< ;.- ,,. s~ MERIDIAN C1'PY C~~t'"3C LL 'JANUARY 6, 1986 PAGE # 2 _ The Motion was made by Myers and seconded by Giesler that the rules and provisions of 50-902 and all rules and provisions requiring that Ordinances: be read on three different days be dispensed with and that Ordinance #460 as read be passed and approved: Motion Carried: Brewer, Yea: Tolsma, Yea: Myers, Yea: Giesler, Yea: Mayor Kingsford, the Council needs to approve the summary of this Ordin ance as prepared by the City Attorney for publication purposes. The Motion was made by Tolsma and seconded by Brewer to approve the summary of Ordinance #460. Motion Carried: All Yea: Mayor Kingsford, I will now turn the meeting over to Mr. Hugh Mosslication will conduct the Public Hearing as the Hearing Officer for the app for a re-zone request by E. Faye Brewer: --s Mr. Mossman, this is the time and place set for the hearimg.for the re-. zone request by Faye Brewer, I am the appointed Hearing Officer in this case and this will be a Public Hearing and at this time it appears Mrs. Brewer is the only person signed up to te?tTherenwaslnomresponses Ihwill anyone else present who wishes to testify. roceed with your then open the Public Hearing and Mrs. Brewer you may p presentation. Mrs. Brewer was sworn by Mr. Mossman. Brewer gave a brief presentation on what she was planning, it was basic- ally the same as when she requested a Conditional Use Permit, again no services would be held here, they would be held at another public place at the Cemetery or at a Church, it would be just for embalming, meeting with the family and viewing. P & Z did make one of their stipulations that I be required to have a u-shaped driveway to the back of the home. I have had a planner look at the home and he forsees no problems with what I plan on doing. Mr. Mossman do you have any questions? Mossman, I have heard your presentation before and I believe I have all the information needed. Are there any questions of the Council? Tolsma, you are having a casket showing room, how do you propose to get the truck in for unloading? Brewer, they would not be able to use the u-shaped drivewroblemtwithathen is going to be a drive-thru, but there would not be any p using the exit drive and backing around. This driveway will be fourteen feet wide. Tolsma, what I was referring to, the truck I havtrafficwwhen unloadingt semi and was worried about the tractor blocking Brewer, different casket companies use different size trucks, I believe .there is plenty of room eaebelofftthesstreetge truck to back along the. North side of the home an Giesler, there would not~be any unloading out on the highway? Brewer, No. ~:-n;, .: < ; , ., r ,.~ , ,. ,, ,.. I .. .. 11. ~~~' .,, ~, ..~,~ _`~~_ r:TZ= iy ry, ` MERIDIAN CITY COUNCIL JANUARY 6, 1986 PAGE # 3 Myers, the parking is going to be in the back then? Brewer, Yes. Tolsma, you did not have any problems with the City Engineers comments ? -_ Brewer, No. I had a question on the drainage but that has been answered: I do have approval on the curb cut from the State. Mossman, any other questions of the Council? There were none. I will note there is a petition dated December 8, 1985 signed by various individuals indicating support for the re-zone that will be entered as part of the record. Mrs. Brewer, I do have one other request, at previous hearing it was brought up that the filing fee be waived if I proceeded with the re-zone application, I did pay that .fee and would like your consideration on _ .3_ refunding that portion. Mossman, any other individuals to testify in this matter? There was no response. I will now close the public hearing. There was discussion on what action should be taken on this request. Mayor Kingsford advised the newly elected Council Members should be sworn in before any decision was made. _. _ Mr. Ronald Tolsma and Mr. Robert Giesler, who were tee-elected to the City- Council at the November 5, 1985 election for a four year term were at this time sworn in by the City Clerk. The Motion was made by Tolsma and seconded by Giesler to nominate Mr. Bill Brewer as President of the Council. Motion Carried: All Yea: Mayor Kingsford, I would like to reappoint the Council Members to the Commission they held for the past two years. Councilman Brewer for Special Projects and Fire, Councilman Giesler for Police, Councilman Myers for Wastewater Treatment and Councilman Tolsma for Public Works & Parks. _ Mayor Kingsford, the next item is what the Council wants to do on the - - Faye Brewer re-zone, whether you want additional findings, have you read the findings as prepared for the Planning & Zoning? What is the Councils decision? Myers, I do not think we need new ones, things have not changed a lot, I think it would be waste of time and money to have done over again. I think we can just use these. Mayor Kingsford, is that a Motion? The Motion was made by Myers and seconded by Giesler that the Findings' of Fact and Conclusions prepared for the Planning & Zoning Commission as amended by the Planning & Zoning Commission hereby be adopted. Motion Carried: Giesler, Yea: Tolsma, Yea: Myers, Yea: Brewer Abstained: ~~<. > ~;.~~.; ~~~'~,` '` ~. Zr1N 4,xL~ ~i" ~ a-::: ~.~?. ::tK~, ~~; a=, .' ~.F <~~: pia 44` "~-~ f `z -~, #, ;~~->. ~~ S;d ~,~ ~'`` ,`', ~. ~T: MERIDIAN CITY COUNCIL JANUARY 6, 1986 PAGE # 4 U The Motion was made by Myers and seconded by Tolsma to approve the- re-zone of the property located at 1303 East First Street to Limited Office under the conditions as set forth 3n the Findings of Fact and Conclusions. Motion Carried: 3 Yea: 1 Abstention: The Motion was made by Tolsma and seconded by Myers to refund the $160.00 filing fee to Mrs. Brewer paid on this application. Motion Carried: 3 Yea: 1 Abstention: The Motion was made by Myers and seconded by Tolsma to have the City Attorney prepare the necessary Ordinance for the re-zone of the property: Motion Carried: 3 Yea: 1 Abstention: Item #4: Pre-Termination Hearing Water/Sewer/Trash Deliquencies: 'j- Mayor Kingsford, You have been informed in writing, you have the right to a pre-termination hearing before the Mayor & Council, to appear in person to be judged on facts and defend the claim made by the City that- your water, sewer and trash bill is delinquent You iday retain counsel. Is there anyone in the audience who wishes a hearing? There was no resp- onse. Due to their failure to pay their water bill or present any-valid reason why the bill has not been paid, their water shall be turned off on January 14th, 1986. In order to have their water turned back on, there will be an additional fee of $10.00. They are hereby informed that they may appeal or have the decision of the City reviewed by the Fourth Judicial District Court, pursuant to Idaho Code. Even though they appeal, the water will be shut off. The Motion was made by Tolsma and seconded by Giesler to approve the turn-off list. Motion Carried: All Yea: Mayor Kingsford announced the delinquent amount was $4,470.75: Item #5: Approve the Bills: The Motion was made by Brewer and seconded by Tolsma to approve the bills: Motion Carried: All Yea: Department Reports: Gary Smith, City Engineer', it has been brought in the past that we might have some problems as far as capacity of the sewer plant if all of the property in Meridian was developed. By adding a secondary clarifier to the plant we could approximately double the capacity. I have contacted the engineering firm who helped design the plant and they have done some preliminary cost estimating. Cost has been from a low of $165,000 to a high of $250,000. I have visited with them to determine what kind of engineering and the costs involved to refine this cost estimate so we f ; ` 1 s ~~ BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION E. FAYE BREWER REQUEST FOR RE-ZONE 1303 East First Street Meridian, Idaho FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing November 19, 1985, at approximately 7:30 o'clock p.m., the Petitioner appearing in person, and the Planning and Zoning Commission of the City of Meridian having duly considered the evidence in this matter, makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That the property is located within the City of Meridian and is generally described as 1303 East First Street and a more particular description is included in the Application, which description is hereby included herein Qy this reference as if set forth in full; 2. That the property is located in a residential area and is presently zoned Residential and that the Petitioner desires to place a nonresidential operation upon said property and that is the reason for the request for rezone; 3. That the Applicant's proposed use of the property is to convert an existing residential structure to a funeral services home; 1t'1.`.t.'=. ~~:; FINDINGS OF FACT AND CONCLUSIONS - 1 ~P ~,~~.,.. ~~ ~. 4. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been given and followed; 5. That various commercial or nonresidential uses exist within the immediate neighborhood of the proposed rezone, including but not limited to the following: two insurance offices, one as an office only, and one as a residence and office building; an art supply dealer and seller; a dog grooming busi- ness; a vacant gift shop; a chiropractic office; a ceramic supply dealer; an air conditioning and heating dealer and repair shop; two churches; the Meridian Intermediate School; a proposed I~Iountain States Tumor Institute Office; two shopping centers with numerous commercial uses; and the Old Towne business district. *** 6. That the proposed rezone area is now a ~ae~a~(Delete see minutes) single family residential home and lot; *** 7. That the Applicant proposes to have access for customers onto East First Street with plans for a driveway to the back of the existing residence for off street parking and ade- quate room for fire, safety, and delivery equipment; ~~~~,B~~~~.INUTES) $. That the proposed use of the property and purpose of the rezone is for commercial activity. The owner of the property will be required to pay commercial rates for water, sewer and trash, and to pay for the requisite number of hookups required by the Applicant's proposed use; ADDITIONAL TO #7: THAT U-SHAPED DRIVEWAY BE REQUIRED FINDINGS OF FACT AND CONCLUSIONS - 2 9. That the Applicant filed with the city Clerk a Petition indicating that more than 750 of the owners of property within 300 feet of the land proposed to be rezoned, have no objection to the rezone or the use of the property for profes- sional offices; 10. That all notices were mailed to all appropriate parties; _ ._~ ,-. r s ~, ~. :~ ,_ >,,: .~ ~ 4 y' c''~ "~-<a ~ ~~ y iulr, _,.... il. That no one appeared at the public hearing on November 19, 1985, at 7:30 o'clock p.m., objecting to the pro- posed rezone. CONCLUSIONS 1. The City of Meridian has the authority to grant zoning amendments and rezones pursuant to Title 67, Chapter 65, Idaho Code, and pursuant to 11-2-416 of the Revised and Compiled Ordinances of the City of Meridian; 2. That upon rezone, the City of Meridian has authori- ty to place conditions upon the zoning amendments; 3. That 11-2-416(K) 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 requirements and a review of the facts presented and the conditions of the area, the Planning and Zoning Commis- sion specifically concludes as follows: FINDINGS OF FACT AND CONCLUSIONS - 3 r~ ~ , (a) The new zoning will be harmonious with and in accordance with the Comprehensive Plan and no Comprehensive Plan Amendment is rey~uired; (b) The area was not previously scheduled for a rezone; (c) The area included in the zoning amendment is intended to be ~_}~~ developed in the fashion that would be allowed under the new zoning of Limited Office (LO); **** (d) ~i~e~e-bras- beer-~a-ge•-~a-~.~-~r~-e~-~ad~~a -a~°eErs- -va~~ri~~r -e~ i e €a ~ e s - ~ h a ~ - ~i~e-,a-r~- -s-he3trl~- -be- -~eao~rec~ - i e - ~ ~i a ~- ~~re ~-areas-~zaite- beer-r-ele~e3.frpc~ ire-a--f-a-s~rio~r-~-i-~rl~~-fie-~~ ~rropos~-~`e'~i`le'-e31~a•f (DELETE, SEE MINUTES) (e) That the Applicant represented that the proposed construction and use of the property would be designed, con- structed, and operated and maintained in harmony with the exist- ing and intended character of the surrounding property; (f) The proposed use will not be hazardous or disturb- ing to existing or future neighborhood uses; (g) The area will be adequately served by public facilities and services as those are already available and in place adjacent to the property; (h) The proposed use would not create excessive addi- tional requirements of public costs for public facilities and services and would not be detrimental to the economic welfare of the community; (i) The proposed use will not involve any detrimental activity to any person's property or the general welfare; (j) The proposed use will not cause a significant increase in vehicular traffic and should not interfere with surrounding traffic patterns; (k) That this rezone will not result in the destruc- tion, loss or damage of any natural or scenic feature of major importance; (1) The proposed zoning amendment is in the best interest of the City of Meridian. 4. The following comments were submitted at the public hearing by the following public agencies: FINDINGS OF FACT AND CONCLUSIONS - 4 :: .~~_ ~^ '. 'f` '~K t s< ~~': z ~~ ~. ~ ~. =:; ~r ~; (,-~a. are .. `~ i`a: i Zit ~~ -.:tY• ~R~. ,y ~ -' Yr;~.•, `'r,'i r'i' . ~.' " ., ~; e (a) Ada County Highway District: no requirements. (b) Central District Health Department: can ~~prove with central sewer and water. (c) Nampa-Meridian Irrigation District: surface drainage must be retained on site, irrigation on West property line must be protected and maintained. (d) Gary Smith, City Engineer: (1) Applicant needs to provide off street parking in accordance with Ordinance Section 2-414-D6. Number of spaces = 1 space for every 3 seats and 1 space for each funeral vehicle kept on the premises; (2) Applicant shall provide landscaping and screening conforming to Ordinance Section 2-414-D2 a, b, c; (3) Water: a)Install a cross-connection device on water line device to be approved in accordance with Ordinance; b)furnish plumbing plan to assess for connection fee requirement; ~~ (4) Sewer: Furnish plumbing plan to asses for connec- *** tion fee requirement; (5) ~Prarff-rcr-suggest-"right-torn{DELETE on-l~r"-o~r~cr-~ast-~i~st-~re~et-~herr-exit=rig-the-property;SEE MIN- and (6) Sign: Any sign installed shall meet theUTES) requirements of the "Uniform Sign Code" as specified in City Ordinance Section 2-415. (e) Earl Ward, Sewer Superintendent: No comments at this time. 5. That the use of the property and the construction and development of the property must conform to the Ordinances of the City of Meridian. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL Commissioner Morrow Voted Commissioner Alidjani Voted Commissioner Shearer Voted .~ Commissioner Cole Voted o~ Commissioner Johnson Voted ,~ FINDINGS OF FACT AND CONCLUSIONS - 5 ~;~ . ,, ;, i,. t+ ~ 4~ ~ Chairman Spencer (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 approve the Application of E. Faye Brewer for rezone of the property described in the Application, under the condition the development of the property conform to the requirements listed above and that the construction and development proceed and that all requirements of the Ordinances of the City of Meridian must be met and complied with. MOTION: APPROVED• P /~ ~~] DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS - 6 ~~; <;,. ~~: CaC~ 7~- ?~ ~: ~; ,' M: -~ i;'~., . ~J ~., ~;~ a~~ , ~~ 4i F ~. ~r 4-- . 4, ~Y ~~i t, 4.y; ~` ^ `1 3 ~~.- x» ~- t :i: 5'~. •_ ., ti v = ~~ Let~ke~ Sra saappo~~ of Fa;~e Br~ewae~ ~ ~e-~oPee apps 1 ~ ~a~k fl ®~ m ..~_ ~ , ~"'~~ o-d.~.r~ .385 v use l~n,~:~-Q-~ . 88~= i~lSs f ^ lW ~ ~ ~~ n ~~~ ~n ~~ 9~ac~e ~ of z • I ~~ .'t s • s r. '( i 4 e L ~.~ ° _ p&' ~ } s~ k~' ~ u. ~ d i Y, P' . ~ { -. ~: a .a ~;.~ _ A f ~ z, ?f { ~ ~.. ~~ b{~ s x .tl~~_. ~ ~ rr ~_: t t ~.r N®1MF Ad9D~~5~ PQ-I~IVE 1 ~;;>> ~~~ ~~~ k :. (~' _:: t~ ~.f: `V' ..... ~. ~. ;- ~i , ~..': ;t~ C O M M E N T S E. Taye Brewer Rezone Request 1303 East First St. R-15 to Limited Office 1. Ada County Highway District: No Requirements: 2. Central District Health: Can approve with Central Sewer & Water: 3. Nampa Meridian Irrigation: Surface drainage must be retained on site, Irrigation Ditch along West property line must be protected and maintained. 4. Gary Smith, City Engineer: See Comments attached: 5. Earl Ward, Sewer Superintendent: No Comments at this time. 6. Planning & Zoning Meeting held November 19, 1985, Public Hearing held, Findings of Fact to be prepared that show recommendation of approval to ,City Council. 7. Planning & Zoning Meeting held December 9, 1985 P@Z Approved Findings as amended and recommended °pproval by ahe.City Council. '3 4. 1 vf` f` . ~ gg CO~,a~y d ~ ti 4 ~~ v~ x~~ i ~~ `rY ~i Z~ ,~.- _ .. ri i.. "a''-i ~. ~ ~ ~~ ~ :T. Fi ~ ~ S. ,~ ~~-,, _. Y ' ~, >',' ~ ~ ~,, x, s 4 f.:,y: ~ ~ (. .. - 9- ~~ ~~ ~ A ~ •;,R ~:: ~' P :}-~ Y.. ~: if',, *'.~ ~,, ]~(~y\, 1303 East First Street Post Office Box 383 Meridian, Idaho 83642 ,: ~:~ i' u. s ~_; ~;.. ,,, r` ,. '` ` ~~. x r _; j Z ! -~ ~,' `~ ~~ ,~: f k w~ F y ~. .. , __, `~ ~ ~. `,I '; Mr. Jack Niemann, City Clerk Meridian City Hall 728 Meridian Street Meridian, Idaho 83642 Dear Jack: In compliance with the requirements concerning my application for rezoning of my property at 1303 East First Street, a copy of the letter sent to the applicable property owners is attached. This letter along with the official notice of the public hearing of January 6, 1986, has been sent to the property owners concerned on the list previously proviced you and as in my rezoning application. Thank you for your assistance and concern. efb attachments SUBSCRIBED AND SWORN before me, Darwin Buchanan, a Notary Public for the State of Idaho, on this day, December 20, 1985. __ Sign ;. r~s'~/ (Seal) .. ,~ s ~'~ .' ~~'i ,. ~`, '~ a~~ `~; u ~. ~. ;;-, ~;. ; . ~1,,, ; ;~' '~ , + ,: ~' ` ~s u~, u? .:, '. .~i~t'. Y; `r . r'- `~ rt::' ,, r' ~ ,. Dear Property Owner: 1303 East First Street Post Office Box 383 Meridian, Idaho 83642 December 19, 1985 Enclosed is a copy of the official notice from City Hall concerning a public hearing to be held on January 6, 1986 at the Meridian City Hall, at 7:30 P.M. This hearing concerns my application for rezoning for my property and home at 1303 East First Street for a funeral service center. As you know, my application for conditional use permit was turned down after some months and the recommendation made that I apply for rezoning. Planning and Zoning Commission recommended approval for rezoning to City Council in their findings of fact earlier this month. If you should have questions or concerns with which I may help, please come by the house or telephone me at 888-5833. Thank you for all your patience, and blessings of the season to you. Sincere y, . F ye Brewer efb enclosure Vic: t~ ~ R • i _~ ~; a ,; , ~'; '~ ;:-`s MBROSE, ~ZGERALD ROOKSTON om~y1 snd uunwlors Boy 191 •dtin IOMO n-e~a ~, t:-::> :~~er NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council will hold a public hearing on January 6, 1986 at 7:30 o'clock p.m. at the Meridian City Hall, 728 Meridian Street, Meridian, Idaho for the purpose of considering the Application of Faye Brewer to rezone from R-15 Residential to "L-0" Limited Office, the property is located at 1303 E. First Street, Meridian, Idaho; the Applicant's proposed use of the property is the performance of funeral services. Amore particular description is on file at the City Clerks office and may be seen during office hours at City Hall. Any and all interested persons shall be heard at said public hearing. DATED this/~ day of December, 1985. ieman~f, City Clerk ;~ ~` :.~, rt. r; ~y, x k 4~ ~ ~ F F . ,.. 'c'i.. - i ~,.., ~. ~ `_ ~•C ~~,_ „~.. 3 r i~ ~~ ti' ry ~, .::.TM.. ~ . f^' t... `y. 1'.. ~d_ '`~~ U ~ 5• > r, ~ ~ _~~ ! e r i s 3' .'; ` ~: ~- r;., ~~~ ~` r:, ~; ; :~: j'- .. ~_,;-.s 4- ._ ~: NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council will hold a public hearing on January 6, 1986 at 7:30 o'clock p.m. at the Meridian City Ha11, 728 Meridian Street, Meridian, Idaho for the purpose of considering the Application of Faye Brewer to rezone from R-15 Residential to "L-O° Limited Office, the property is located at 1303 E. First Street, Meridian, Idaho; the Applicant's proposed use of the property is the performance of funeral services. Amore particular description is on file at the City Clerks-office and may be seen during office hours at City Hall. Any and all interested persons shall be heard at said public hearing. DATED this~~~~ day of December, 19$5. :;; AMBROSE, ' `t, ~~ ~ ~'' FITZGERALD >` - & CROOKSTON Attorneys and ~ • r '-s.. Counselors P.O. Box 427 Meridian, Idaho 83842 F~~ ', Telephone 8884481 ,7ackf Nieman~r; City Clerk ._ -'~' ~. ;A` ;' _ ~ 3 MERIDIAN CITY COUNCIL DECEMBER 16, 1985 ~> Regular Meeting of the Meridian City Council called to order by Mayor Grant Kingsford at 7:30 p.m.: Members Present: Bill Brewer, Ron Tolsma, Bert Myers, Bob Giesler: Others Present: Miriam Barr, Bill Barkell, Gary Schaffer, Wayne Crookston, Bob Spencer, Ronda Lowe; ?a The Motion was made by Myers and seconded by Brewer to approve the Minutes of the previous Meeting held December 2, 1985 as written: Motion Carried: All Yea: Mayor Kingsford read a Proclamation declaring the Week_ of December 15-21, 1985 as "National Drunk and Drugged Driving Awareness Week". ~~~'~ Item #1: Price/Claremont Settlement: Mayor Kingsford advised the Council that the recent payment made by the Price/Claremont Development Company was not in aggreement with the Development Agreement they had signed and even the Council had approved this verbally it was necessary to approve for the record. Price/Claremont ~" had submitted a letter of credit along with $25,000.00 instead of the $450,000.00 the agreement called for. This letter of credit expires on June 4, 1986: The Motion was made by Tolsma and seconded by Myers to approve the Letter of Credit and the $25,000.00 received from Price/Claremont Development Company in lieu of the $450,000.00 cash until June 4, 1986 at which time it has to be renewed or renegotiated. ~~ Motion Carried: All Yea: Item #2: Air Quality Ordinance: k; , . Vii. Myers, I have visited with one of our Board Members Mr. Michelson and he advised that the Ada County Commissioners do not have this on their Agenda until Werl~nesday, December 18, 1985, therefore I would make a Motion to table~'il~is item until our next meeting or until Ada County takes some action. The Motion was seconded by Tolsma. Motion Carried: All Yea: ,..:. ~~.., Department Reports: Mayor Kingsford, on the January 6, 1986 meeting the Faye Brewer Applic- ation for a re-zone comes up for a hearing, what is the Council desire to have a Hearing Officer or not? It was the consensus of the Council to have a Hearing Officer. Brewer abstained from this discussion. fir,: ~. a. ts,. »-, . ~,. r ~; T ,, t ". ~~ :: ~' ~; "~s~ ;- ,- ~.;:;= u;; : _ • MERIDIAN PLANNING & ZONING COMMISSION ~ ~' DECEMBER 9, 1985 Meeting called to order~~at 7:30 p.m. by Chairman Bob Spencer: Members Present: Walt Morrow, Moe Alidjani, Jime Shearer, Tom Cole: Members Absent: Jim Johnson: Others Present: Faye Brewer, Darwin Buchanan, Gary Schaffer, Wayne Crookston: The Motion was made by Morrow and seconded by Cole to approve the minutes of the previous meeting held November 19, 1985 as written: Motion Carried: All Yea: Item #l: Findings of Fact and Conclusions on E. Faye Brewer request for rezone: Chairman Spencer relinquished the Chairmanship of the meeting to Walt Morrow for this item due to possible conflict of interest. Acting Chairman Morrow, has the Commission read the Findings and are there any comments or questions? Cole, on page 2-#5 it mentions a proposed Mountain States Tumor Institute Office, I thought this was already in place. It was explained that they had not as yet opened when Public Hearing was held. Cole, on page 2-#6, it states the area to be rezoned is now a vacant single family residential home, I understood that Faye was living in this home and it was not vacant. Morrow that is true. The Motion was made by Cole and seconded by Alidjani that the word vacant be struck from #6 page 2 of the Findings of Fact. Motion Carried: All Yea: Cole, on page 4, paragraph d, I have a question on what the definition of adjacent is? The houses on both sides of this are residential curr- ently, don't you have to skip down some house on both side to have some- thing different than residential? This also sound like just because one area is zoned a certain way the property next to it should be zoned the same way. I do not agree with any of this statement I believe the whole paragraph should be struck. There was discussion on this item. The Motion was made by Cole and seconded by Alidjani that paragraph (d) on page 4 of the Findings be struck in its entirety: Motion Carried: All Yea: Cole, on page 4 paragraph (e), what do they mean by this? ~,:. `~ ~ ,-MERIDIAN P & Z. • • DECEMBER 9, 1985 PAGE # 2: 4':. . Shearer, my understanding is that it will be kept so property would blend ~``'` with the other residential property in this area. The exterior would not be changed from the home atmosphere look. Cole, what stops someone from going in there after it is rezoned and removing the building and building something else? "'' There was discussion on this. Morrow, nothing could be done on this with the exception it would have to ~~~" be Office as we are rezoning Limited Office, at the present time someone could go in and remove home and build multi-family as this is zoned R-15: r Shearer, what this is saying is when occupancy is complete it will look. very much as it does now. Alidjani, it is my understanding that architecurally it will remain the same and still retain the residential appearance and blend with the ~;~-~~ surrounding property. ~} - Cole, ok, on page #5 paragraph (d-5), City Engineer suggested right turn ~, only onto East First Street, are we going to require that or only leave it as a suggestion. I believe we should require a right turn only or strike out completely. :` ~``°~ The motion was made by Cole that the word suggest be struck from this :~ "r' paragraph. ~~ '~ Motion died for lack of second. The Commision had discussion on this. Alidjani asked the question how this could be enforced. There would have to be a sign installed by ACHD in order -~'' for the City Police to enforce. Shearer I think this is a good suggestion ~~~ but feel it should not be mandatory to enforce on this property when other t. °~~ properties along this street would not be required to conform to this. I `"~~ think this should be left in as a suggestion and let the owner use their ~h own judgement whether it is a good idea. Cole, to put suggestions in the ,w~~, Findings it really isn't telling them anything, they should either say F this be done or it should be left out entirely. Morrow, apparently this is E ~''x'' the first time this has been brought up and the other industries do not -~ have right or left hand turn only, I guess the question here is do we want ;~ to start doing this, obviously we cannot do anything about what has al- ready been done or with the residential. Cole I still think it should be ;~ struck completely. Alidjani, I do not think we should single out one '~ individna~,if we are going to do this it should be for everyone out there. ~`~~'~',Y There was more discussion whether to leave in Findings or strike out. ` `:: The Motion was made by Cole and seconded by Alidjani #(5) paragraph (d) '~~'~~F~ of the Findings of Fact and Conclusions be deleted: .~ w3 Motion Carried: All Yea: `~ Cole, I have one other comment, on page #4 paragraph (k) I do not argee ~ ~ with this. ~'~~ Shearer, on page #4 paragraph (c) there is typing error also on page #5 s,~~. paragraph (b) word should be approve not improve. ~. '~ _ 1 . MERIDIAN P & Z. DECEMBER 9, 1985 PAGE # 3 0 Morrow, any further comments of the Commission? There was no further comment Morrow, I have a comment on page #2, Item #7, how does the Commission feel about making this be a u-shaped driveway? Shearer, I don't feel we should enforce this without having it drawn out on paper, I don't think there is enough space on the North side of house for a driveway. There was discussion among the Commission members on this. It was pointed out that the planned entrance and exit was along the North side of the home. Cole was of the opinion that just to make this function properly, they would discover that the u-shaped driveway was needed. ~ ~, Morrow it seems to be the problem we are trying to resolve here is to keep people from backing out onto East First Street. The u-shaped drive would solve this problem. This was the way the orginal proposal was submitted. More discussion followed, Mrs. Brewer was brought into this discussion and advised the Commission that the main entrance would be on the North side of the home even if the Commission required a u-shaped driveway, she would make a breeze way through the present garage if u-shaped drive was required. Morrow, we have the option of leaving this as is or mandating that a u-shaped driveway be required in her plans. There was more discussion among the members. Morrow do we go back to the orginal application and require the u-shaped driveway or leave this as is which leaves it open to any type of driveway, also this driveway would not be wide enough for cars to enter and exit at same time. Shearer, with the length and width of the driveway on the North, I think the necessity is to have the u-shaped driveway required to eliminate problems with cars trying to get in and out the same driveway. The Motion was made by Morrow and seconded by Cole that paragraph #7 page #2 of the Findings of Fact and Conclusions be amended to reflect that a u-shaped driveway be required. Motion Carried: All Yea: The Motion was made by Alidjani and seconded by Shearer that the Meridian Planning and Zoning Commission hereby adopts and approves the Findings of Fact and Conclusions as amended on the E. Faye Brewer application for a rezone. Motion Carried: Roll Call Vote: Alidjani, Yea: Shearer, Yea: Cole, Nay: Morrow, Yea: Johnson, Absent: The Motion was made by Shearer and seconded by Alidjani that the Meridian Planning & Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Application of E. Faye Brewer for rezone of the property described in the Application, under the condition -: ., r._ t- ., rz .. MERIDIAN P &Z DECEMBER 9, 1985 PAGE # 4: the development of the property conform to the requirements as stated in the Findings of Fact and Conclusions and that the construction and development proceed and' that all requirements of the Ordinances of the City of Meridian must be met and complied with. Motion Carried: Alidjani, Yea: Shearer, Yea: Morrow, Yea: Cole, Nay: Morrow returned the Chairmanship to Spencer. Item #2: Discussion on Amendments to Zoning Ordinance: Chairman Spencer, the Commission has received the two items the City Engineer has submitted for consideration, one has to do with Lot Line Adjustment and the other is concerning Zero Lot Lines. There was discussion on these two items and it was the consensus of the Commission to pass these on to the City Attorney for clarification and have included with other items, for the Zoning & Development Ordinance Amendments. Chairman Spencer, another item that needs consideration is the Ordinance only speaks to six foot fence, I think some provision should be made to pertain to fences in Industrial and Commercial Zones. There was discussion on this item and it was the decision of the Commission that the present Ordinance did not address anything but fences in residential zones so the six foot fence did not have any effect in Industrial & Commercial Zone. It might be well and good to have something in the Ordinances to address this. Chairman Spencer, the other item that needs consideration is the application of Conditional Use Permits, where they should be used and when. ,There was discussion on this item and it was decision of the Commission that this item should receive some more imput and that the Commission probably should have a workshop with the Council before any amendments to this item were proposed. The Motion was made by Morrow and seconded by Cole to instruct the City Attorney to define the two items submitted by City Engineer, the fence suggestion and the Conditional .Use Permit as to the Ordinances, each item to be separate for consideration . Morrow, I think we should consider all of these items but should get add- . itional imput on the Conditional Use Permit. The other items are more or less house cleaning items and we need to design something separately on each item that can be forwarded on to the Council. Motion Carried; All Yea: Being no further business to come before the Commission, the Motion was made by Cole and seconded by Shearer to adjourn at 8:45 p.m.: Motion Carried: All Yea: (TAPE ON FILE OF THESE PROCEEDINGS) TEST: APPROVED: C't Clerk BOB SPENCER, CHAIRMAN ', >~; >. Ja k Nie an , i y ( ee back `f or distribution) - - - -- ~! ,~,. , . .. <,,~: ~, 1.., , ,_, ~-. ,. s>, ~~ . e o ~ BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION E. FAYE BREWER REQUEST FOR RE-ZONE 1303 East First Street Meridian, Idaho FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing November 19, 1985, at approximately 7:30 o'clock p.m., the Petitioner appearing in person, and the Planning and Zoning Commission of the City of Meridian having duly considered the evidence in this matter, makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That the property is located within the City of Meridian and is generally described as 1303 East First Street and a more particular description is included in the Application, which description is hereby included Herein by this reference as if set forth in full; 2. That the property is located in a residential area and is presently zoned Residential and that the Petitioner desires to place a nonresidential operation upon said property and that is the reason for the request for rezone; 3. That the Applicant's proposed use of the property is to convert an existing residential structure to a funeral services home; FINDINGS OF FACT AND CONCLUSIONS - 1 >„ ;~ ;' ~ ,. ® o 4. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been given and followed; 5. That various commercial or nonresidential uses exist within the immediate neighborhood of the proposed rezone, including but not limited to the following: two insurance offices, one as an office only, and one as a residence and office building; an art supply dealer and seller; a dog grooming busi- ness; a vacant gift shop; a chiropractic office; a ceramic supply dealer; an air conditioning and heating dealer and repair shop;,' two churches; the Meridian Intermediate School; a proposed Mountain States Tumor Institute Office; two shopping centers with numerous commercial uses; and the Old Towne business district. *** 6. That the proposed rezone area is now a ~ae~aa~(Delete see minutes) single family residential home and lot; *** 7. That the Applicant proposes to have access for customers onto East First Street with plans for a driveway to the back of the existing residence for off street parking and ade- quate room for fire, safety, and delivery equipment; ~~~,BLS~~~INUTES) 8. That the proposed use of the property and purpose of the rezone is for commercial activity. The owner of the property will be required to pay commercial rates for water, sewer and trash, and to pay for the requisite number of hookups required by the Applicant's proposed use; ADDITIONAL TO #7: THAT U-SHAPED DRIVEWAY BE RE4UIRED FINDINGS OF FACT AND CONCLUSIONS - 2 9. That~~the Applicant filed with the city Clerk a Petition indicating that more than 750 of the owners of property within :i00 feet of the land proposed to be rezoned, have no objection to the rezone or the use of the property for profes- sional offices; 10. That all notices were mailed to all appropriate parties; il. That no one appeared at the public hearing on November 19, 1985, at 7:30 o'clock p.m., objecting to the pro- posed rezone. ~' CONCLUSIONS 1. The City of Meridian has the authority to grant zoning amendments and rezones pursuant to Title 67, Chapter 65, Idaho Code, and pursuant to 11-2-416 of the Revised and Compiled Ordinances of the City of Meridian; 2. That upon rezone, the City of Meridian has authori- ty to place conditions upon the zoning amendments; 3. That 11-2-416(K) 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 requirements and a review of the facts presented and the conditions of the area, the Planning and Zoning Commis- sion specifically concludes as follows: FINDINGS OF FACT AND CONCLUSIONS - 3 ~~>' Rj~ h ~f ': ,., ~. f - I._ , _ ~. - ,R f ~ (a) The new zoning will be harmonious with and in accordance with the Comprehensive Plan and no Comprehensive Plan Amendment is rey~uired; (b) The area was not previously scheduled for a rezone; (c) The area included in the zoning amendment is intended to be ~_~~ developed in the fashion that would be allowed under the new zoning of Limited Office (LO); * * * * ( d ) ~~ie~e-brae- ~~r-$--c~t~ra~ge--is--t~re•---~r~-e~-add-a~~ -a~e-as ~rl°riepr -die€a~ea -~he~- ~~ie- ~-r~ -lam -be--r-e~so~rec~ -~a - ~~ia~.- ~.~e ad~-ecQrt~-a~e$s--~ra~e- beetr-ele~+e3ope~ ii3--a--f-a~-iofr~i~rl~~-fie-~~ gi'opv~ec~-1°'e~1ze'-ar-ea; (DELETE, SEE MINUTES) (e) That the Applicant represented that the proposed construction and use of the property would be designed, con- structed, and operated and maintained in harmony with the exist- ,, ing and intended character of the surrounding property; (f) The proposed use will not be hazardous or disturb- ing to existing or future neighborhood uses; (g) The area will be adequately served by public facilities and services as those are already available and. in place adjacent to the property; (h) The proposed use would not create excessive addi- tional requirements of public costs for public facilities and services and would not be detrimental to the economic welfare of the community; (i) The proposed use will not involve any detrimental activity to any person's property or the general welfare; (j) The proposed use will not cause a significant increase in vehicular traffic and should not interfere with surrounding traffic patterns; (k) That this rezone will not result in the destruc- tion, loss or damage of any natural or scenic feature of major importance; (1) The proposed zoning amendment is in the best interest of the City of Meridian. 4. The following comments were submitted at the public hearing by the following public agencies: FINDINGS OF FACT AND CONCLUSIONS - 4 s, ,,,~,: ; 1 (a) Ada County Highway District: no requirements. (b) Central District Health Department: can i~prove with central sewer and water. (c) Nampa-Meridian Irrigation District: surface drainage must be retained on site, irrigation on West property line must be protected and maintained. (d) Gary Smith, City Engineer: (1) Applicant needs to provide off street parking in accordance with Ordinance Section 2-414-D6. Number of spaces = 1 space .~ for every 3 seats and 1 space for each funeral vehicle ° kept on the premises; (2) Applicant shall provide landscaping and screening conforming to Ordinance Section 2-414-D2 a, b, c; (3) Water: a)Install a cross-connection device on water line device to be approved in accordance with Ordinance; b)furnish , plumbing plan to assess for connection fee requirement;-~ (4) Sewer: Furnish plumbing plan to asses for connec- *** tion fee requirement; ( 5 ) -'Praffic'-s~erggest-"rsght-tnrn-EDELETE ~~,L,~„~.-g~~-~.~.e~~]rerr-exi-trrrg-the-property;SEE MIN- and t6) Sign: Any sign installed shall meet theUTES) requirements of the "Uniform Sign Code" as specified in City Ordinance Section 2-415. le) Earl Ward, Sewer Superintendent: No comments at this time. 5. That the use of the property and the construction and development of the property must conform to the Ordinances of the City of Meridian. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL Commissioner Morrow Voted _ Commissioner Alidjani Voted Commissioner Shearer Voted t• Commissioner Cole Voted a~ Commissioner Johnson Voted .~ FINDINGS OF FACT AND CONCLUSIONS - 5 e y~:: ~i~, ~ ~,_; ,i , ...E __ . ~- ~~}" Chairman Spencer (tie breaker) Voted ~4~ r~-?.~~~ DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission he reby recommends to the City Council of the City of Meridian that they _. ;; approve the Application of E. Faye Brewer for rezone of the ~~~~' [ ' h property described in the Application, under the condition the ~~tt`` ~ p' My4 e~"~~ . "'i~ development of the property conform to the requirements listed above and that the construction and development proceed and that all requirements of the Ordinances of the City of Meridian must ;1 v" be met and complied with. -~' ~~ ~~ '~" ~. MOTION: APPROVED • P ~ /" ~' ~ ] DISAPPROVED ~,, t ~~~~~ - -. .:.''~t.' ~! h ~? ~ ': ~. S, . _, ~ t. ~y 0 l ~tr`~ ~~11 4. ~i - ~~i FINDINGS OF FACT AND CONCLUSIONS - 6 =y }. -~ ~'y r yam{ .. ~' f , r . i ~,. ,. Special Meeting of the Meridian Planning & Zoning Commission called to order by Chairman Bob Spencer at 7:30 p.m.: Members Present: Walt Morrow, Moe Alidjani, Jim Johnson, Jim Shearer, Tom Cole: Others Present: Gary Schaffer, E. Faye Brewer, Ronda Lowe: The Motion was made by Morrow and seconded by Cole to approve the Minutes of the previous meeting held October 15, 1985 as written: Motion Carried: All Yea: The Motion was made by Shearer and seconded by Alidjani to approve the Minutes of the Special Meeting held October 28, 1985 as written: Motion Carried: All Yea: The Motion was made by Alidjani and seconded by Johnson to approve the Minutes of the meeting held November 12, 1985 as written: Motion Carried: Item #1: Rezone request for E. Faye Brewer: Chairman Spencer, I have a conflict with this request as I am a resident within three hundred feet of the property for which a rezone is being requested, I will therefore at this time turn the Chairmanship over to Mr. Morrow who will conduct this Public Hearing. Acting Chairman Morrow, this Public Hearing will be held under the prov- isions of City Ordinance #446: Morrow, I will now open the Public Hearing and call on E. Faye Brewer to testify; E. Faye Brewer, 1303 East First Street, Meridian, Idaho 83642: E. Faye Brewer was sworn by Spencer: Brewer, my project is the same as it was at the time I requested a Conditional Use Permit some time ago as you know it was turned down not because of the project itself but because they felt I should have requested a Rezone rather than Conditional Use Permit on that property at 1303 East First Street and that is where I would like to open a Funeral Services Center. I plan on remodeling the home that is there, the basement has been remodeled and I have been living there since the first part of September. I did purchase the home in August of this year. None of my plans have changed on this new application that was furnished you, I feel this is compatible with the neighborhood. Specifically in the Comprehensive Plan, the purpose of the Plan is to encourage compatible i a MERIDIAN PLANNING & ZONING COMMISSION NOVEMBER 19, 1985 ~, , - t. , , ;:' ;.,, . ~. :~ ~~ t MERIDIAN P & ~ NOVEMBER 19, 1985 PAGE # 2 intergated growth in all residential areas. I feel this would be compat- ible because it would remain primarly as before, with the residential appearance with the exception of the sign and the driveway, I did get Highway approval however I might have to reapply as that approval was until January 31, 1986. I have noted that this same concept of intergated homes has been done on Warm Springs Avenue in Boise. The Mountain States Tumor is remodeling a home on East First Street and they plan on keeping the home look at their location. Are there any questions the Commission would like to ask? Morrow, you are familiar with the comments that have been made in relat- ion to the application? Brewer, Yes. Morrow, do you understand about NMID, the surface drainage must be retain- ed on site, that simply means that you have to provide a drain field in your parking lot. Brewer, right and there is the ditch which has to be left open. Morrow, review again with me the number of seats, the maximum seating capicity. Brewer, I have not had a planner as yet look at it however I do not plan to have permanent seats other than just chairs and sofa and that kind of comfortable seat. The other seat I do plan to have would be of the folding type of which I would have no more than two dozen. This would require me to have eight parking spaces. Morrow, plus your funeral vehicles which would be two? Brewer, I would have only one, which would be my personal vehicle as well. Morrow, you would need nine spaces then. You are planning on entering on the North Side, a parking lot behind the building than exiting on the South Side through the garage, is this correct? Brewer, I don't know, I was going to have it just the opposite way, that was my orginal plan, as I have said I have not had a planner look at this there may be some problems with where the electricity enters the home. Morrow, it woulfl be a u-shaped driveway no matter which way you went, the point I am getting at here is that people do not come into a nine lot parking lot and have to back out on East First. Brewer, they will not have to back out, I believe there is room to have a driveway along the side of the garage, I have not wanted to do this as it would require taking out of a tree. Morrow, what about casket trucks, how do you plan on unloading them? Brewer, I have two plans, I had someone look at it and his plan was to instead of making the garage a drivethru to use it as a casket room and to make one of the bedrooms into the embalming room that way I could leave the kitchen area for conference area. I think I could: have a '~ku ~...... .. '$~, .;.,. * ~.~.1'. ~~ . MERIDIAN P &Z NOVEMBER 19, 1985 PAGE # 3 e turn-around in the back. I need to have a planner look at this for me and lay out the parking lot. This way I could utilize the driveway on the North for entering as well as exiting. Alidjani, how many feet do you have in the back? Do you think you have enough space back there? Brewer, the width of the back yard is 83 feet, the entire.-lot is 170 feet deep. I have a large back yard. Alidjani, you understand that this rezone will require you to pay Commer- cial rate for water/sewer and trash? Do you have any problem with this? Brewer, there will not be much increase in the usage other than I will have to pay Commercial fee. I am approved by Central Distict Health the way the water and sewer is, I will have to install a back-flow device. Alidjani, will you have any problem with meeting the commercial code for plumbing? Brewer, No Alidjani, I would like to just make one more comment, why is there the suggestion of the right turn only? Morrow, any more comments or questions of the Commission? There was no response. One other question, if the ingress-egress and parking becomes a problem what about taking the garage completely out, is that a solution to that problem? Brewer, I think it wouldn't be a problem if I made the garage a drive- thru , I am not wanting to make ~tha:t ~itxch change to: the home . Morrow, is there anyone else present who wishes to testify? There was no response. I will now close the Public Hearing. Any more comments from the Commission? Alidjani, I still am.. wondering about the right turn only. It was explained that this was so cars would not be trying to go across traffic. Cole, I have the same comments I had before, I personally like areas that there are older homes in, I realize that this area has been encroached in that the odds of it ever retaining a residential neighborhood are slim and none, I think that it is a shame that towns let that happen to certain areas. I think that this is one of the area in Meridian that businesses have been let in to the extent they have is a shame. The Motion was made by Shearer and seconded by Alidjani to have the City Attorney prepare Findings of Fact and Conclusions. Motion Carried: All Yea; ~. v.; .~ r: -~ ~. ,, ,'~- E. ~ .. 't-~ a. ~. 9.. MERIDIAN P &Z NOVEMBER 19, 1985 PAGE # 4 The possibility of the City Attorney having a conflict of interest in this application was discussed. Morrow, Mrs. Brewer do you have any objections to the City Attorney preparing these Findings? Brewer, I have no objections, however I feel that the City Attorney may. The Motion was made by Shearer and seconded by Alidjani to amend the first motion to reflect that the City Attorney or a designee prepare Findings of Fact and Conclusions of Law on this application. Motion Carried: All Yea: The Motion was made by Johnson and seconded by Alidjani that the Findings of Fact and Conclusion show a recommendation of approval to the City Council of this application: Motion Carried: Alidjani, Yea: Johnson, Yea: Shearer, Yea: Cole, Nay: Morrow did not vote as Acting Chairman: Mr. Morrow turned the Chairmanship of the Commission back to Mr. Spencer. Being no further business to come before the Commission the Motion was made by Cole and seconded by Johnson to adjourn at 7:55 p.m.: Motion Carried: All Yea: (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: BOB SPENCER, CHAIRMAN WALT MORROW, ACTING CHAIRMAN ST: Jac Nieitiann City Clerk pc Mayor & Council P& Z Members At Eng: Fire: Police: Ward: Stuart: Keibert: Valley News: Statesman: Hallett: ACHD: CDH: ACC: ACZ: NIMD: Minch File (1) Mail (1) yr %~ .. ~~. ~;: .~ ?- ~._._. ~, ~ , : ~. ~ .:~~. Aid. :;. '~w -ri ~. ~ ~s> H;.1 ~. L, y,~~ ?, S; F~ ~~-:~. :r,;r i' s "? :: ~~ 1~-.~`. MY~t fro. . ~?y ' i;2~. ...~ _ ,1..~.. }, ~ K " S' ~?'... a' gALf:: o e E. Faye Brewer Rezone Request 1303 East First St. R-15 to Limited Office C O M M E N T S 1. Ada County Highway District: No Requirements: 2. Central District Health: Can approve with Central Sewer & Water: 3. Nampa Meridian Irrigation: Surface drainage must be retained on site, Irrigation Ditch along West property line must be protected and maintained. 4. Gary Smith, City Engineer: See Comments attached: 5. Earl Ward, Sewer Superintendent: No Comments at this time. 6. Planning & Zoning Meeting held November 19, 1985, Public Hearing held, Findings of Fact to be prepared that show recommendation of approval to ,City Council. ?. Planning & Zoning Meeting held December 9, 1985 P@Z Approved Findings and recommend approval by the City Council. ~7 ~j ~~ ;~ ;r , '. , ~,,: _`. r,1 ~ ~. ~ f • .. ~ C C ,. r. ~ _ .. ~ r -• ' r• ~ G V ~ .- r, G -s -ti r. r• '~ = ~ L7 E 3 y ca to W -- p r* H 3 -a z C1 ~' Y' 3 S f7 [~• ro ~ • tx o tr - b7 o ut r• bo a q0 o k a o o r• r• o a ~c ~ a o a ~o a ~ ~ s ce ~ r r a K i~ o ~ r k tr• , c tr ~ K o a ~ a 3 ~ J tr• E rt , a ~ a m~~ 'o rt a k r• t r. .c ,~ r• ce ~ r rt a ~ o r* rt b n cn c, ~ ~• ~ rt - rt o a k ro r ~ ~ o a --• a r. a ~ ~ ~ v 3 r• a ~ r• w 3 a 3 ~ o o' o ' ~ w~ ] ~ ~ o a i s - o r• ro 3 i--~ ~ ~ rt w ~ • m - ~* cn m K m a ~t y 7c w o K r• a ~ m ~ a T ar ~ o a o o ~ ° ] ~ C c r• rr ~ " k v, ~ a s ro ~C o o ~ ~ ~ ~ o a ;c<. rr n ' ~ ~ E c~ K o N o ~ K O . a cD O fD O fG ~ rt W fD r• r• r• 'G ro to rt :~ ~ O a fD K fD K w E ~ K K K a 't a O n O a m i•t a m O • rr w r r• ~••~ x O to r ~ o ~ rt ~ a M . p ~ M ' a ~ K ~ m c~ ~. • ~ m ~ o ~ ':'. : r• w o a ro H rt a ~ ~n r d N ~ ~ O a rt to k K o a n tE~ ~n ~ a N c~ ro k x ~ -t r• r• ~-- ~'' m c ~~M r•m r• n to •3 N 3 H d H ~n t c~C K CL ~ N a k~ -O.+ a rt a rt y r• O N cD K r• r ~/- --~ x ~ ~ tr ~ k ~ a~ o ~ ~s K ~ ~ ~ ~ ~' b rt ~ sl -a. ~ M ~ z ~ v ~ 5 _ 47 ~ ~ ~ ~ ~ ,~ ~, o o -~~~rt ~ + ~ d ~ ~ a. o ro --~ r- z ~' ' ~ <' N ~ H ~ N• n N w ro rt N ~ c .P • ~ ~ ~ th .. ~ ~~ ~ ~• o• ro rt a ~ ~ A ~ ~ , ~ ~ r ~ N ra+No ro .L. y ° ~ C ~ ~ rt tt ~C ~ ~ ~ O ~ `G ~ ~ ~ io ~ ~n 5 ~ ~ r~ :;k ~, `; ~ ;: 1 4; ~ ~= n. r• G •--~ ~~ i G ~. << v - n r. u m • ~ y o -~ a~ ~ N H ~/~• ~ ~ ~ ~ N ~1 ~ ~O H ~~ v v v ~ ~ U7 G7 ~ P ~ ~~ O ~~ w ~ ~5 A ~ ~ ~ n`~n Wo -o ~ ~ z ~ t~ v 1i ~s ~cn ~' ~ ~'~ ~ z otro K ~ ~ S • 3 ~ u, S ~ ~ fD ~ ~''' b ~ r, ~j y Z S ~ N ~ ~° •}9i.- }nom u N ~ r• b a ~i m rn -~ ro S ~ _ S r A o ?-~ ~ ~ ~' to -t O y~ ~ V] a '~D' t., ~, ~ ~ ~ '6 5 ~ ~~s ~ p o ~ m H ''~ ~ ~ LK t~ji zy ~ ~'~ ~ N -5 'P 0 0 0 -'• H K ~ N H ~ ti ~ i° <° ~ ~ P O a+ ~ ~ O~ p, ~ tr1 ~ SS'' 6 ~ ~ ~~ ~ ~ ~ ~ ~ ~ z O O ~ '~ 00 ~ O v S W cn K r• ~ tai o ~• o ~ °° ~ 5 p ~ a m E ''~ ~ m N 0 6 y ~q to ~ _ ~ ~ ~ ~ ~ m ~ ~ ....... ~ ~e+ {~Q N a ,n N '~' S ~. ~ S1 P ~ N O ~ n O N l~+rr: ~~~~ c®ur~~- 318 BAST 37TH STR~~T BOISL, IDAHO 83714 Inter-Department Correspondence To: Ada County Highway District Cortrtnission Date: October 31, 1985 From: Development Services Subject: MERIDIAN REZONE EAST 1ST STREET Funeral Parlor FACTS & FINDINGS: 1. To convert a residence into a funeral parlor on the west side of East First Street, in Meridian. 2. East First Street has 80-feet of right-of-way, which is adequate, and is improved with curb and 44-feet of pavement. There is a 5-foot sidewalk on the east side of East First Street and to the north of parcel. 3. East First Street is under the Idaho Department of~Transportation jurisdiction. RECCNIN~NDATIONS 1. No requirements. POLICY IMPLICATIONS: 1. Recommendations are made to Meridian Planning & Zoning Commission as condition for compliance. SIGNATURE OF STAFF SUBMITTING: Allan F. Samuels, P.E. ~~ ~, , '' _ , t ,< ',,. .. -,.,. ,,- 1 "..." v p ,- ,„ `. ~~~a i ~,; i s ,, w-:~. -: i • '>~~ f~ ;~~ ~" ;, - :' ~' f "!L -.1 ~, ~NTRAL DISTRICT HEALTH DEPARTM~ ENVIRONMENTAL HEALTH DIVISION 1455 North Orchard Boise, Idaho 83706 REVIEW SHEET Return to: Boise - Rezone # Eagle Conditional Use # _~ Meridian _ Preliminary/Final/Short Plat Kuna 1. - We have no objections to this proposal. 2. - We recommend denial of this proposal. 3. Specific knowledge as to the exact type of use must be provided before we can comment on this proposal. 4. We will require more data concerning soil conditions on this proposal before we can comment. 5. - We will require more data concerning the depth of (high seasonal ground water)(solid lava) from original grade before we can comment concerning individual sewage disposal. 6. - We can approve this proposal for individual sewage disposal to be located (2,4) feet above solid lava layers. 7. ~ We can approve this proposal for: Central sewage Interim sewage _Individual sewage - Community sewage system and Central water Individual water - Comrn.u~ity water well. 8. ~ Plans fork Central sewage _Community sewage system _Sewage dry lines, and ~G Central water _Comrnu~ity water must be sutanitted to and approved by the Regional Health and Welfare Environmental Services Field Office. 9. ~ Street runoff is not to create a mosquito breeding problem. 10. _ This department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. 11. - If restroom facilities are to be installed then a sewage system MUST be installed to meet Idaho State Sewage Regulations, 12. - We will require plans be submitted for a plan review for any (food establishment)(beverage establishment)(swimnjng pools or spas)(grocery store). 13. !l ~ .~ Reviewed by Date P'~ . , _. '?~, ,, i ~j':S' .:I ,' `' ~: ~ :;~~ ;E~I ~i ~ '~,~' ~. s s~ _ g N d' ~ ~ ~ ~ H ~Q .~ b •S•/ ~ •rl ~ b N N r E O z H Z 0 N A ~~ Z H z a Z RC H A H a H a O G4 w a WWIWW ~I w ~i w w O w W U H w w O A W H H H a 0 N W O N a CElI w a a 3 O ro b 0 O U b O O W W -~, z .'., 3 v 1~ ~ ro U O H N .~ S-1 ro O a v F ~ ~ ro o N N D' b a~ •~ c ,~ •rl ~ f.. a ro C C b O •~ •.1 3r ~ ~ N .C O ~ ~ ~ O N O N UI •'•1 A U H U ~~ rn ~•~•~ w Q Q z O ~ `, A z - O WU ~» Q E+ Z 0 d> ,-1 ~s a O .~ U O N -d ~, a, +.~ ~ ~ h-i N cd G a +~ -~ o N cd ~+ ~+ +-~ a ~ ~ N •~ •F-~ U ~ ~ +~ 3 . u to 'ty ~ oar .~ ~ p cd ,~ A .u ro w +~ ~ W U Gp p j o a~ o .,~ ~v o +~ o ~, v p O .-I ~ [ ~+ ~ cti ~ a . ,n N ..p y.i ao +~ v ~, n ~~~ H S O H p v 'r'~ FJ 'd c[1 F+ ~ ro `~ n ~ ~ n ~+ ~, ~ o o • b N O cC cC ~ x G 'TJ •rl ~ ~ N H ,1.~ ~VJ U ~ ~ ~ ~ R3 bQ ~ ~ •I-~ ~ ~ •r~ ~ ~ vo v~ , ..o o .~ •~ •~, •~ ~ ~ y H o +•~ ~ x Ga z O ~ ~1 H 01 ®~ ,. z ~+ o ~ ® ' W N ~ ~ i U s~ ~ ~ ~ ,;: ~ ~ 3 A ~ + ~ <` H awpqq Z ® U ~ ~ ~ ° H > .~ r-1 V m1 ~ W ~ 0 ~ c >+ 3 a a o ~ a2 ~ ~ ~ N c ~ ~~ ro a ~°a o ° rx - w N .. O C!I H +~ •rl N - w 1J a ro r-I 1J q1 R'i W N ,~ ~ ~• z ~~ m a c v •~ W A ~ Q ~ ro O m ~.~ ro `' V O z r-1 U ~ ca w • U p g h x ~ + •~ u~ro~~~ ro - ro ~ ~b 3 ~~ Q A ~ v + ~ v v q ro rn • a •~ v •-+ ~ r, c n w o O x ~ a ~ ro ~ C A r H m [ .~ w 3 m~ H a ro ~ rn •~ b CT H O .~ u1 U C7 O O ~ G ~i ~1 ~ O b+ Q •~ G O •~•+ 7 0 H O ro W >. O ~ •-1 f~ rd U H C C ~ O N ~ ~ ~ x ~ c ~ Q 3.1 3 N u 1 N 1.1 1.1 ~•1 O U O ~ O '17 1y 4J ro ro TJ i ro E ~ a ~ ~ ~ A ~ E-~ v ~ a i ~ ~ o ~ a i ~ ai c n + + ti c ~ a + ~ ~a ~ a •~ ~ o v ~ rn v - a., O ,~ o ~-•~ ~ ~d ~ Rt •.~ ~ q v n 3 d •~ •~ O H ro ~ .b ~ >..~ ~ N cn h cn U d +~ H C7 41 E U b b U a fa ro 0 +~ +~ v -~ +•+ ~3 ~ ~ ' A 6 ~ ~ v .-1 ro ~ ~ '•.1 A O ~ A ~ rl -+ ~ ti N '~ 4 ro b ro a, , ro b v '~ b o c b >, o ~ ~ a o •~+ h •~ h o o F ~ ro ~, 3 c~ o rx v as •~ ra o ~ + ~ o ~ ~ :~. o a a c~ w -+ U ~ v ~ ~d ~d U z ~ ~ ~ . ~ . ti -. 'a - ~ a ~. J .~ r: `+ ~V ~ -1 _ •r .7 ~ _I ~ 1 i f .~ -,~ I ~/^• 4A;s.t =.~~ ,• hi :: / • ~'~ t i k ~' `, ,~i ti~ e~ ~. y: F~ N }; . L .x :S ~ f; ~ Z 1, ~ (i ~3 v x -, c _ •3 ~ ~ G U -• F ~ -s h a r r. ~' ~ ro = G. 0. N G P* ~••~ .3 -"'{ Z (7 ~ .'~' .'~ S n LT_ I ~ ro ~ a Il' GD OD bD ,ro L7 ~ 3 y [..i ~ bo a~ ~ ,~ a rt ° w ~d ~ a a ~ ~° r ° n ~ K• b' c b' ~ ~ ~ a °~' c°~ °~ ~ ~ b- rt ~ • ~ " ~ a ° dipp' a -ti o a a a ~ v~ m v ~ ° ~ 00 3 a rt 3 ~ o ~ o ~c r~r a< ro~ ~~ E ~i d~ ~ ~ ~ 0 a rt fi A C ~' E ~ Oy ~ K a N ~ ~ n c~ ~ rt oo m r• r• r• -< ro cn k x ~ a m a k ~ ~ o ~ ~ ~ a a° a m k a cn o o n o K k r^i w ~~~ ~ a o r• --- ~• ~ w x cn ~ ° N o 0 0~ n k --• rt o ~t t~ a o O G r• ~ O~ r• ~ ~O O p k --• w o a ro H rt~ f Fn r• ~~ w crtn ~' m ~vK x~ K i d m v, O ~ k r• m N• n w ~ ~ a ror•cow a s t7 m rt K k~~a--art N• k x k N a N rt rt N• cn r• t~] rr~ k ~ a~~~•~~ ~ ~ rt ~ ~ -C f,,• fG H z ~ ~ ~ a ~ ~ rt ~ ~ ~ o~Ow ~~ort yy d r a w -b ~ ~• z~ y bD N N. ~ rar ~ rt to ~ ~ z o o -~ o °rt' ~ °~' z ro ~ v, a o p rn o £ rt ~ ~ ~ C N f7 1~-~ O v~ H rt ~ H rt y ~ ` VVO ~~..~~.y{ ~/-\~ 1 ~ ~ M N •/ ~ ~ 1 N 4/ rrJ N F • H ~ N n ~ rz ~z ~ c~ • O • G O ~ 1•r k: am o ~ c . o tr o ~ g g ~3 g ~ ~ 5 p ~ 8 r• h7 cD . y ~ N rt K G W Z D f d ~ • ~ ~ o ~ ~ ~ z ~ ~ rt K ~ o a ~ ~ R ~ 0 0 ¢ m ~ v. y H R+ z ~ rt ~ to K N- rt: •• ~• o w A N - (A •F. a K Q~ ~ - rog ~ c ,'~. ~ rt W N ~ ~ ' O -i a c \ ,} ~ ~ rt 1 w~ ~~ . ~: `'': s ~;~ ., y 3 yH yyy t'' d y (•d ,y 1~1 '•d' N ~ N o ro Z ~ ~ tli w y 'O ti r• •• 2 M tt ~ ~ ro rr a H ~' H < ~ z z o t~ a ~ t~ ~ ~ H p, ~ tli H d ~ 7d O cn ~ 0 `~ a' ~ ~ o ~j a ~ z H H Z ~ H G i O ~ ~ E ~ fD N k OD ~ ~ ' a 3 H W fD ~ ~ N ~ . ~, ~ a to '• ~- O w~ rn• N I I ~', ~.: ~'d '~Y, ',~~ 5 '~ ~' :'~i ~'~~ ~;M M'. ~. ~ d .i~"% d: .~ w~~ ~ , .M ^` '~i t ~n ~ p ~ d ~ ~ ~4 { S?~"~~ x~ ;f 4 r ~~ ~ ~~. ~~; ~- r~# a {; :-.~~' ~~