Terra Subdivision CUP
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
IN THE MATTER OF THE APPLICATION )
OF JIM HICKS, EAST OF W. 7TH AND SOUTH) FINDINGS OF FACT AND
OF IDAHO, THE APPLICATION FOR ) CONCLUSIONS OF LAW AND
CONDITIONAL USE PERMIT FOR 8 ZERO ) RECOMMENDATION TO CITY
LOT LINE TOWNHOUSES, LOTS 2 AND 3, ) COUNCIL
BLOCK 2, TERRA SUBDIVISION, MERIDIAN, )
IDAHO )
The above entitled conditional use permit application having come on for public
hearing on August 11, 1998 and August 31, 1998, at the hour of 7:00 o'clock p.m., on
said date at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the
Planning and Zoning Commission having heard and taken oral and written testimony and
the Applicant appearing in person, and having duly considered the matter, the Planning
and Zoning Commission makes the following Findings of Fact and Conclusions of Law:
FINDINGS OF FACT
1. A notice of a public hearing on the conditional use permit was published for
two (2) consecutive weeks prior to the said public hearings scheduled for August 11,
1998 and August 31, 1998, before the Planning and Zoning Commission, the first
publication appearing and written notice having been mailed to property owners or
purchasers of record within 300 feet of the external boundaries of the property under
consideration more than fifteen (15) days prior to said hearings and with the notice of
public hearing having been posted upon the property under consideration more than one
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
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week before said hearing and the copies of all notices were made available to
newspaper, radio and television stations as public service announcements; and the
matter having been duly considered by the Planning and Zoning Commission at the
August 11, 1998 and September 31, 1998 public hearings; and the applicant, affected
property owners, and government subdivisions providing services within the planning
jurisdiction of the City of Meridian, having been given full opportunity to express
comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set
forth in Idaho Code 967-6509,6512, and 911-2-416E and 418E as evidenced by the
Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff
report.
3. The property is located within the City of Meridian; that the general location
of the property is East of W. th and South of Idaho, Meridian, Idaho, and described in the
application which description is incorporated herein.
4. The applicant is the record owner of the property and has filed a written
request for a conditional use permit.
5. The Meridian Planning and Zoning Commission takes judicial notice of its
Zoning, Subdivisions and Development Ordinances codified at Title 11, Municipal Code of
the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of
the City of Meridian, adopted December 21, 1993, Ord. No. 629-Jan. 4, 1994 and Maps
and the Ordinance establishing the Impact Area Boundary.
6. The subject property is currently zoned (R-15), Medium High Density
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Residential District. The zoning of the Medium Density Residential District (R-15) is
defined within the City of Meridian Zoning and Development Ordinance, Section 11-2-
40BB(5).
7. The proposed application requests a conditional use permit for the subject
property subdivision of two existing four plexes into eight (B) zero lot line townhouses.
The R-15 zoning designation within the City of Meridian Zoning and Development
Ordinance requires that a conditional use permit be obtained for most uses including the
request by the applicant. (Meridian City Zoning and Development Ord., Section 11-2-
409).
B. The applicant testified at the public hearings that the particular
characteristics of the subject property make the proposed conditional use desirable.
9. The applicant has agreed to pay any additional sewer, water or trash fees
or charges, if any associated with the use.
10. The Assistant to the City Engineer, Bruce Freckleton, and the Meridian
Planning and Zoning Administrator, Shari Stiles, have submitted comments, by and
through a Memorandum dated August 7, 199B, and by and through testimony during the
public hearings on this matter. Such report and comments are hereby incorporated
herein.
11. The Meridian City Police Department, the Nampa & Meridian Irrigation
District, the Ada County Highway District, and the Meridian Fire Department submitted
comments which are also hereby incorporated herein.
12. The use proposed within the subject application will in fact, constitute a
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conditional use as determined by City Policy.
13. The proposed use within the subject application will be harmonious with
and in accordance with the Comprehensive Plan in this Ordinance.
14. The use proposed within the subject application will be operated and
maintained to be harmonious and appropriate in appearance or attended character within
the general vicinity and that such use will not change the essential character of the same
area.
15. The use proposed within the subject application will not be hazardous or
disturbing to existing or future neighboring uses.
16. The use proposed within the subject application will be served adequately
by central public facilities and services such as highways, streets, police and fire
protection, drainage structures, refuse disposal, water, and sewer.
17. The use proposed within the subject application will not create excessive
additional requirements at public costs, for public facilities and services, and will not be
detrimental to the economic welfare of the community.
18. The uses proposed within the subject application will not involve uses,
activities, processes, materials, equipment and conditions of operation that will be
detrimental to any persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors.
CONCLUSIONS OF LAW
1. The City of Meridian shall exercise the powers conferred upon it by the
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"Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the
"Act" codified at Chapter 65, Title 67, Idaho Code (I.C. 967-6503).
2. The Meridian Planning and Zoning Commission may exercIse all the
powers required and authorized under the "Act" except the power to adopt ordinances by
the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho
Code Section 67-6504 which the City Council of the City of Meridian has established by
the passage of the "City of Meridian Zoning and Development Ordinance" at Title XI,
Chapter I, Municipal Code of the City of Meridian.
3. As part of a zoning ordinance the City Council can, subject to hearing and
notice provision required, provide for the process of special and/or conditional use permits
which a proposed use is otherwise prohibited by the terms of the ordinance but allowed
with conditions under the specific provisions of the ordinance which the City of Meridian
has done in the adoption of its zoning ordinances.
4. To occupy and use real property which is designated and zoned as Medium
High Density Residential (R-15) District within the City of Meridian for zero lot line
townhouses requires approval by the Commission as provided for under the City of
Meridian Zoning and Development Ordinance, 11-2-409.
5. The Commission has the duty and responsibility to review the facts and
circumstances of each application for special use permit to determine prior to granting the
same that the evidential showing supports the finding but the following standards are met
(Section 11-2-418, City of Meridian Zoning and Development Ord.):
a. Will, in fact, constitute a conditional use as determined by City policy
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b. Will be harmonious with and in accordance with the Comprehensive
Plan and this Ordinance;
c. Will be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance with the existing or
intended character of the general vicinity and that such use will not
change the essential character of the same area;
d. Will not be hazardous or disturbing to existing or future neighboring
uses;
e. Will be served adequately by essential public facilities and services
such as highways, streets, police and fire protection, drainage
structures, refuse disposal, water, sewer or that the person
responsible for the establishment of proposed conditional use shall
be able to provide adequately any such services;
f. Will not create excessive additional requirements at public cost for
public facilities and services and will not be detrimental to the
economic welfare of the community;
g. Will not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons,
property or the general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors;
h. Will have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding
public streets; and
i. Will not result in the destruction, loss or damage of a natural or
scenic feature of major importance.
6. Prior to granting a conditional use permit in a Medium High Density
Residential (R-15) District, one (1) public hearing shall be conducted with notice to be
published and provided to property owners or purchasers of record within three hundred
feet (300') of the external boundaries of the land under consideration for conditional use
permit all in accordance with the provisions of Section 11-2-418(e) City of Meridian
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
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Zoning and Development Ordinance.
7. Following the public hearing and within 45 days after the conclusion of the
public hearing the Commission shall, transmit its recommendations to the Meridian City
Council with supportive reasons. The Commission shall recommend that the application
be approved, approved with conditions or denied. The Commission shall ensure that any
approval or approval with conditions of an application shall be in accordance with
Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and
Idaho State law. (Section 2-418(f), City of Meridian Zoning and Development Ordinance.)
8. When the Commission approves a conditional use permit it may impose
conditions of that approval that reasonably:
a. Minimize adverse impact on other development;
b. Control the sequence and timing of development;
c. Control the duration of development;
d. Assure that the development is maintained property;
e. Designate the exact location and nature of the development;
f. Require the provision for on-site public facilities or services; and
g. Require more restrictive standards than those generally required, in
this Ordinance.
9. Having made the afore stated Findings of Fact and Conclusions of Law, the
City of Meridian Planning and Zoning Commission hereby approves the proposed
application for a conditional use permit for the uses set forth hereinabove with the
following conditions:
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a. It is provided that all requested conditions set forth within the
memorandum of Bruce Freckleton, the Assistant to the Meridian
City Engineer, and Shari Stiles, the Meridian Planning and Zoning
Administrator, dated August 6, 1998 be complied with.
b. All comments and conditions set forth by the Meridian City Police,
Fire District, Ada County Highway District, and Nampa & Meridian
Irrigation District must be complied with.
10. The above conditions are concluded to be reasonable and the applicant
shall meet such requirements as a condition of approval of the application for a
conditional use permit.
11. It is hereby recommended by the Meridian Planning and Zoning
Commission that should be applicant meet the afore stated conditions that the
requested conditional use permit for the uses set forth hereinabove be granted by the
Meridian City Council to the applicant.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
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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 and Law.
ROLL CALL
COMMISSIONER BORUP
VOTED ~
VOTED ~~
VOTED Af-^
VOTED Ap
VOTED ---
COMMISSIONER SMITH
COMMISSIONER DEWEERD
COMMISSIONER NELSON
CHAIRMAN MALCOLM MAC COY (TIE BREAKER)
DECISION AND RECOMMENDATION
The Meridian Planning and Zoning Commission hereby recommends to the City
Council of the City of Meridian that they approve the conditional use permit for the uses
set forth within these Findings of Fact and Conclusions of Law as requested by the
applicant for the property described in the application with the conditions set forth within
these Findings of Fact and Conclusions of Law, and any other conditions required by the
Meridian City Council.
MOTION: APPROVED: ~'''l- 1A)
1 00998-Final CCl-t~
10/13/7&
DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
CONDITIONAL USE PERMIT - JIM HICKS ZERO LOT
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APPROVALOF FINDINGS OF FACT AND CONCLUSIONS
The Meridian City Council hereby adopts and approves these Findings of Fact and
Conclusions of Law on this /7ii1 day of ;r/tJ!/.e~-v ,1998.
ROLL CALL
COUNCILMAN BIRD
COUNCILMAN BENTLEY
COUNCILMAN ROUNTREE
COUNCILMAN ANDERSON
VOTED~
VOTED ~O..A
VOTED ~
VOTED LJ-l2A
MAYOR CORRIE (TIE BREAKER)
VOTED
(INITIAL)
APPROVE~=:::
DISAPPROVED .
RECEIVED
r~ 0 V 1 7 1998
CITY OF MERIDIAN
FINDINGS OF FACT AND CONCLUSIONS OF LAW M (! t{ p
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