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W.H. Moore RZ AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counsslors P.O. Box 427 Msrldlan, Idsho 63642 Telephone 868-4461 BEFORE THE CITY COUNCIL OF THE CITY OFMERIDIAN \>J. H. MOO R E REQUEST FOR REZONE FIVE ACRES NORTH OF OVERLAND ROAD WEST OF WESTERN STATES MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing April 17, and again on May 1,1990, at the hour of 7:30 o'clock p.m., the Petitioner appearing in person and 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 Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for April 17, 1990, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the April 17, 1990, 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; that notice is required to be mailed to owners of property within 300 feet of the subject property; that the FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE - 1 AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. BOl< 427 Meridian, Idaho 83042 Tolephone 888-4461 owners of three parcels of ground were inadvertently omitted by the Applicant from the mailing list; however, the owners of those parcels have executed waivers of notice and those waivers are on file. 2. That this property is located within the City of Meridian and is owned by the Appl icant and is described in the application, which description is incorporated herein as if set forth in full, and is north of Overland Road and approximately 500 feet west of Western States Equipment; that a portion of the property fronts on Overland Road; the property is presently zoned Community Commercial (C-C) but the applicant has stated that it is zoned General R"tail and Service Commercial (C-G) and is presently vacant ground; the proposed use of the property is to operate a regional facility for Arnold Machinery Company for sales, service and rental of construction, mining, industrial and farm machinery and equipment. 3. That some of the surrounding property is zoned C-G by the City and a portion of the surrounding property is zoned as residential by the County of Ada; that there is industrial property to the east I'Jhich is in use in a similar fashion as that use proposed by the Appl icant. 4. The Applicant in his Application requested that the property be rezoned to Light Industrial (I-L); that at the hearing before the City Council the Applicant requested that only the portion of the property used by Arnold Machinery be rezoned to (C-G) General Retail and Service Commercial and that FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE - 2 AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P,O. Box 427 Meridian, Idaho 83642 Telephone 888-4461 the remainder of the property remain (C-C); that the portion of the property to be rezoned is described in Exhibit "A" attached hereto. 5. That the property is contained in a mixed use area as designated on the Pol icy Diagram at Page 7 of the Meridian Comprehensive Plan; mixed-use review areas are addressed in the Plan at Page 15 and it states as follows: "Mixed-use is a general planning category which refers to the coordinated development of two or more major uses as part of a single project, such as specialty retail-commercial, higher density residential, offices, motels, industrial services, service commercial and public and semi-public uses. As per the Policy Diagram, certain areas have been designated for mixed uses. The development of mixed and compatible land uses should be carefully guided through specific project plans." 6. That the C-G District is described in the Zoning Ordinance, 11-2-408 B. 9 as follows: (C-G) GENERAL RETAIL AND SERVICE COMMERCIAL: The purpose of the (C-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. 7. That the use proposed by the Appl icant is that as recognized in 11-2-409 C., Industrial, Zoning Schedule of Use Control, Equipment - Heavy, Farm, Etc. (Sales & Repair) and such use is a permitted use in the C-G District. FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE - 3 AMBROSE, FITZGERALD & CROOKSTON Attorneys and Cou nsalors P.O. BOle 427 Meridian, Idaho 83642 'olophono 888.4461 8. That the property is a parcel of ground that is approximately five acres is size. 9. That the property is not presently connected to City sewer and water. There is a six inch water line in Overland Road however to connect the property to sewer the sewer line wi 11 need to be extended from the northwest corner of Western States Equipment or connect to a proposed line in the Ten Mile Drain which has hot yet been constructed. The Applicant stated that he was prepared to work with the City and he agrees to contribute an amount of money equal to what it would cost him to extend the trunk line from the Western Equipment property to the corner of his property. 10. That there vJas publ ic testimony at the publ ic hearing which voiced concern over the proposed use and what measures would be taken to screen the residential areas south of Overland Road; that at the continuation of the hearing the concerns had been resolved between the Applicant and Objecting parties. 11. That comments were submitted by the City Engineer~ Central District Health Department~ and Nampa & Meridian Irrigation District; that prior to the adoption of these findings of fact and conclusions of law the Ada County Highway District may submit comments; that there was some discussion of the ACHD requirements; all of the above mentioned comments are incorporated herein as if set forth in full herein. CONCLUSIONS FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE - 4 AMBROSE, FITZGERALD & CROOKSTON Allorneys and CounselorS P,Q. Box 427 Meridian, Idaho 83642 .elephono 888><1461 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 \fJithin 300 feet of the external boundaries of the Applicant's property or the wavier of notice of having been obtained from owners who had not been initially noticed. 2. That the City of Meridian has 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 Complied Ordinances of the City of Meridian, Idaho. 3. That the City has the authority to take judicial notice of its own ordinances, other governmental statues and ordinances, and of actual conditions existing within the City and state. 4. That the City of Meridian has authority to place conditions upon granting a zoning amendment. 5. That the City has judged this Application upon the basis of guidelines contained in Section 11-2-416 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it can take judicial notice. 6. That 11-2-416 (K) of the Revised and Compiled Ordinances of the City of Meridian sets forth standards under which the City shall review applications for zoning amendments; FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE - 5 AMBROSE, FITZGERALD & CROOKSTON Attornoys and Counselors P,D. Box 427 M arldlen, Ideho 83642 'elephone BSB.4461 that upon a revieltJ of those requirements and a review of the facts presented and conditions of the area, the Planning and Zoning Commission specifically concludes as follows: (a) The new zoning would be harmonious with and in accordance with the Comprehensive Plan and no Comprehensive Plan is required. (b) The area is designed to be a mixed use area and a rezone of the subject property is in line with that designation. (c) The area intended to be that would be Industri ale included in the zoning amendment is developed in the future in the fashion allowed under the new zoning of Light (d) There has been changes in the area which tend to dictate that the area may lend itself to be rezoned; those changes are the construction of Western States Equipment1s facility and the reconstruction of the Kuna/Meridian Road and the changes to the 1-84 interchange. (e) That the representations of the Applicant that the facility would be similar to Western States Equipment1s indicate that the property will be developed, designed and constructed to be harmonious with the surrounding area. (f) That the proposed use would not be hazardous or disturbing to the existing or future uses of the neighborhood if developed as represented. (g) The property will have to connect to public facilities. (h) The proposed use would not create excessive additional requirements at publ ic cost for publ ic facilities and services and would not be detrimental to the economic welfare of the community but should in fact be beneficial. (i) T~e proposed use will not involve any detrimental activity to any person1s property or the general \'Jelfare. (j) Development should not cause a significant increase in vehicular traffic and should not interfere with surrounding traffic patterns. FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE - 6 AMBROSE, FITZGERALD & CROOKSTON AUomeys and Counselors P,O.80)(427 Meridian, Idaho 8:1642 felephone 6884461 ( k ) T hat t his r e Z 0 n e vJ ill not res u 1 tin the destruction, loss or damage of any natural or scenic feature or major importance. (1) The proposed zoning amendment is in the best interest of City of Meridian. 7. That the comments submitted by the Central District Health Department, Nampa & Meridian Irrigation District and the City Engineer as incorporated herein shall be a requirement for the rezone. That the Ada County Highway District had not submitted comments at the time of the hearing before the Planning and Zoning Commission but there ~1as discussion pertaining its requirements and therefore no specific concl usions are made regarding those comments, but it is concluded that if comments are submitted prior to the hearing before the City Council that they be considered. 8. That all applicable fire, life safety, building codes, and other codes and regulations and all of the ordinances of the City of Meridian shall be met prior to occupancy and thereafter. 9. That it is concluded that the request by the Applicant to have the property zoned C-G rather than I~L is not a significant or material change in the request and does not require new notices as likewise the reduction in the size of the property to be rezoned is not a material change requiring new notice. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE - 7 AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P,O, Box 427 Merld lan, Idaho 83642 Telephono 8llll..\46 1 Findings of Fact and Conclusions. ROLL CALL: COUNCILMAN YERRINGTON COUNCILMAN GIESLER COUNCILMAN MYERS COUNCILMAN TOLSMA MAYOR KINGSFORD (TIE BREAKER) VOTEO VOTE 1/t(7 z-;r- V 0 TEl) Vir' 9' / I VOTED/ APPROVED: crC( l,fel~ ~ DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE - 8