Troutner Business Park AZ
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
IN THE MATTER OF THE APPLICATION ) AMENDED
OF TROUTNER BUSINESS PARK ) FINDINGS OF FACT AND
DEVELOPMENT CORPORATION, SOUTH OF) CONCLUSIONS OF LAW AND
FRANKLIN ROAD AND WEST OF MERIDIAN) RECOMMENDATION TO CITY
ROAD, THE APPLICATION FOR ) COUNCIL
ANNEXATION AND ZONING FOR A )
PORTION OF THE NE % SECTION 13 T 3N, )
R 1W, MERIDIAN, IDAHO )
The above entitled application to amend having come on for public hearing on July
7, 1998 and August 31, 1998, at the hour of 7:00 o'clock p.m., on said dates 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 application to amend was published for
two (2) consecutive weeks prior to the said public hearings scheduled for July 7, 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
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having been posted upon the property under consideration more than one 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 July 7, 1998 and August 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 S67-6509, 6512, and S11-2-416E 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 South of Franklin Road and West of Meridian Road, 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 to amend.
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 (L-O) Limited Office District and (C-
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G) General Retail and Service Commercial. The zoning of the Limited Office District (L-
0) and General Retail and Service Commercial (C-G) is defined within the City of
Meridian Zoning and Development Ordinance, Sections 11-2-408B(7) & (11).
7. The City Council issued Findings of Fact and Conclusions of Law approved
by the City Council on August 20, 1998, which Findings of Fact and Conclusions of Law
are incorporated herein in full by this reference.
8. The City Council approved the Development Agreement on April 29, 1997,
which Development Agreement is incorporated herein in full by this reference.
9. The City Council approved the Annexation and Zoning Ordinance on
September 3, 1996, which Annexation and Zoning Ordinance is incorporated herein in full
by this reference.
9. The proposed application requests an amendment to the Findings of Fact
and Conclusions of Law as approved by the City Council on August 20, 1996, wherein
the applicant was required to process any further uses or developments in the (L-O) and
(C-G) zones by way of conditional use permit applications. The conditional use permit
restrictions were subsequently adopted into the April 29, 1997, Troutner Business Park
Development Agreement and Meridian City Ordinance No. 739. Specifically, the
applicant requests amendment to allow the use and development of C-G zoned Block 1:
Lots 2 and 4; Block 2: Lots 2 - 4, Lots 6 - 12, and Lots 14 and 15; Block 3: Lots 1 - 3 and
Lots 5 - 7; Block 4: Lots 1 - 3; and Block 5: Lots 1 - 3, without processing conditional use
permits. The use and development of L-O zoned Block 1: Lots 6 - 10 and Lots 12 and
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13, which are adjacent to existing homes, will remain subject to the conditional use permit
conditions as provided in the August 20, 1996, Findings of Fact and Conclusions of Law.
10. The testimony at the public hearings established that the particular
characteristics of the subject property make the proposed amendment desirable.
11. The Meridian Planning and Zoning Administrator, Shari Stiles, submitted
comments by and through testimony during the public hearings on this matter. Such
comments are hereby incorporated herein.
12. The Central District Health Department, the Meridian City Police
Department, the Nampa & Meridian Irrigation District, and the Meridian Fire Department
submitted comments which are also hereby incorporated herein.
13. The proposed amendment within the subject application will be harmonious
with and in accordance with the Comprehensive Plan in this Ordinance.
14. The uses proposed within the subject application will be designed,
constructed, operated and maintained to be harmonious and appropriate in appearance
or attended character of the general vicinity and that such uses will not change the
essential character of the same area.
15. The uses proposed within the subject application will not be hazardous or
disturbing to existing or future neighboring uses.
16. The uses proposed within the subject application will be served adequately
by central public facilities and seliJices such as highways, streets, police and fire
protection, drainage structures, refuse disposal, water, and sewer.
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17. The uses 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
"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. When property is annexed and zoned, the City Council may require or
permit, as a condition of the zoning, that an owner or developer make a written
commitment concerning the use or development of the subject property (Section 11-2-
417(0), City of Meridian Zoning and Development Ord.). The City Council is authorized
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to modify or terminate commitments (Section 11-2-417(D) & (E), City of Meridian Zoning
and Development Ord.).
4. To occupy and use real property which is designated and zoned as Limited
Office District (L-O) and General Retail and SeNice Commercial (C-G) within the City of
Meridian 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 to amend to determine prior to granting the same that
the evidential showing supports the finding but the following standards are met (Section
11-2-416K, City of Meridian Zoning and Development Ord.):
a. Will be harmonious with and in accordance with the Comprehensive
Plan and this Ordinance;
b. 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;
c. Will not be hazardous or disturbing to existing or future neighboring
uses;
d. 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;
e. Will not create excessive additional requirements at public cost for
public facilities and seNices and will not be detrimental to the
economic welfare of the community;
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f. 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;
g. Will have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding
public streets;
h. Will not result in the destruction, loss or damage of a natural or
scenic feature of importance; and
i. The proposed amendment is in the best interest of the City of
Meridian.
6. Prior to modifying a Finding of Fact and Conclusion of Law one (1) public
hearing shall be conducted with notice 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 11-2-416(E)2 City of Meridian 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 2-416(E)2, City of Meridian Zoning and Development
Ordinance.)
8. Having made the afore stated Findings of Fact and Conclusions of Law, the
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City of Meridian Planning and Zoning Commission hereby approves the proposed
amendment set forth hereinabove with the following conditions:
a. That the amendment to the conditional use permit restrictions as
contained in the August 20, 1996 Findings of Fact and Conclusions
of Law shall only extend to C-G zoned Block 1: Lots 2 and 4; Block
2: Lots 2 - 4, Lots 6 - 12, and Lots 14 and 15; Block 3: Lots 1 - 3
and Lots 5 - 7; Block 4: Lots 1 - 3; and Block 5: Lots 1 - 3.
b. Conditional Use Permit proceedings are still a requirement as to use
and development of L-O zoned Block 1: Lots 6 - 10, and Lots 12
and 13.
c. All unmodified conditions and restrictions as contained in the
August 20, 1996, Findings of Fact and Conclusions of Law,
Meridian City Ord. 739, and the April 29, 1997, Troutner Business
Park Development Agreement shall remain effective and are
incorporated herein.
d. All comments and conditions set forth by Shari Stiles, the Meridian
Planning and Zoning Administrator, the Meridian City Police,
Meridian Fire District, Central District Health Department, and
Nampa & Meridian Irrigation District must be complied with.
9. The above conditions are concluded to be reasonable and the applicant
shall meet such requirements as a condition of approval of the amendment application.
10. It is hereby recommended by the Meridian Planning and Zoning
Commission that should the applicant meet the afore stated conditions that the
requested amendment set forth hereinabove be granted by the Meridian City Council to
the applicant.
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OF LAW - ANNEXATION AND ZONING -
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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
COMMISSIONER SMITH
COMMISSIONER DEWEERD
COMMISSIONER NELSON
CHAIRMAN MALCOLM MACCOY (TIE BREAKER)
DECISION AND RECOMMENDATION
The Meridian Planning and Zoning Commission hereby recommends to the City
Council of the City of Meridian that they adopt and approve the proposed amendment to
the August 20, 1996, Findings of Fact and Conclusions of Law, the April 29, 1997,
Troutner Business Park Development Agreement and Meridian City Ordinance No. 739
as 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: J
101398-Final
DISAPPROVED: b
11/tOV:
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APPROVAL.oF FINDINGS OF FACT AND CONCLUSIONS
The Meridian City Council hereby adopts and approves these Findings of Fact and
Conclusions of Law on this /7-11 day of d yti/1n k~ I 1998.
ROLL CALL
COUNCILMAN BIRD
COUNCILMAN BENTLEY
VOTED ~'-
VOTED d~--'
VOTED~
VOTED~
COUNCILMAN ROUNTREE
COUNCILMAN ANDERSON
MAYOR CORRIE (TIE BREAKER)
VOTED
(INITIAL) ~ _-
APPROVED
-=:c--y
DISAPPROVED
FINDINGS OF FACT AND CONCLUSIONS OF LAW ~
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