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