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1996 05-22 L~ MERIDIAN PLANNING & ZONING COMMISSION AGENDA SPECIAL MEETING TUESDAY, MAY 22, 1996 - 5:30 P.M. CITY COUNCIL CHAMBERS FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REZONE REQUEST BY EVERETT & ROEN WILSON: (APPROVE FINDINGS; PASS ON FAVORABLE RECOMMENDATION TO CITY COUNCIL) 2. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT REQUEST FOR AN AUTO SALES LOT BY ADVANTAGE AUTO INC.: (APPROVE FINDINGS; PASS ON FAVORABLE RECOMMENDATION TO CITY COUNCIL) MERIDIAN PLANNING & ZONING COMMISSION MAY 22. 1996 The Special meeting of the Meridian Planning and Zoning Commission was called to order by Chairman Jim Johnson at 5:30 P.M.: MEMBERS PRESENT: Tim Hepper, Jim Shearer, Malcolm MacCoy: MEMBERS ABSENT: Greg Oslund: OTHERS PRESENT: Wayne Crookston, Gary Smith, Shari Stiles, Steve Sherer, Rick Zamzow, Mr. & Mrs. John Fitzgerald: Johnson: Number one on our agenda is findings of fact and conclusions for a rezone from R-15 to C-C by Everett and Roen Wilson. You have read the findings of fact, do you have any discussion or any corrections, deletions? Crookston: I have a comment, I believe that I have a conflict of interest because Laura Fitzgerald is going to be an occupant. She is not the applicant but she is going to be, is now a proposed lessee of it. I think that 1 have to declare that conflict and inquire whether or not the Commission desires me to still preside and whether or not you want to accept the findings that I have prepared. Johnson: It would be my desire that we accept your findings and that we ask you to step down. Anybody have any other comments. Crookston: I think there needs to be a motion. Johnson: You are really worried about this aren't you? Croakston: I am not so worried about I think it needs to be done. Johnson: Can we have a motion to the effect that the findings of fact as prepared by Wayne C. Crookston, Jr. are acceptable by the Commission, would someone like to make that motion? Hepper: So moved MacCoy: Second Johnson: Moved and seconded that we accept the findings of fact as prepared by City Attorney Crookston, all those in favor? Opposed? MOTION CARRIED: All Yea Shearer: That should have been a roll call vote Jim. Meridian Planning & Zoning Commission Special Meeting May 22, 1996 Page 2 Johnson: No it shouldn't have. Shearer: Sure we adopted and approved these findings. Johnson: But we are not doing that yet, we haven't done that yet. Shearer: That is what you just said. Johnson: No, that is not what I said. Shearer: Same thing. Johnson: No, I can't make the motion. Would someone like to make a motion on the findings of fact and conclusions of law? MacCoy: I make a motion that the City of Meridian Planning and Zoning Commission hereby adopts and approves these findings of fact and conclusions. Hepper: Second Johnson: Moved and seconded we adopt the findings of fact and conclusions as written, roll call vote. ROLL CALL VOTE: Hepper -Yea, Oslund -Absent, Shearer -Yea, MacCoy -Yea MOTION CARRIED: All Yea Johnson: Is there a recommendation you wish to pass on to the City Council? MacCoy: I recommend that the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve of the rezone request by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law. And that the property be required to meet the comments of the Meridian departments and other government agencies. Shearer: Second Johnson: Moved and seconded we pass a recommendation onto the City as stated by Commissioner MacCoy, all those in favor? Opposed? Meridian Planning & Zoning Commission Special Meeting May 22, 1996 Page 3 MOTION CARRIED: All Yea Johnson: The next item on our agenda is findings of fact and conclusions of law for conditional use permit request for an auto sales lot by Advantage Auto Sales. Hepper: Mr. Chairman, due to a possible conflict I need to step down. Johnson: Step down please Commissioner Hepper. I have a couple of editorial changes, page 4, last sentence, I believe that should read hazardous waste, is that correct? Crookston: Yes Johnson: Page eight, item 3, first sentence, the existing, I believe that is supposed to be northern driveway, is that correct? Crookston: The testimony was the middle driveway. Johnson: You are spelling middle norther? Crookston: If you want to. Johnson: Do you think the testimony was middle? (Inaudible) Johnson: Yes, why don't you do that Mr. Zamzow, you don't need to be sworn or anything, but, I am sorry Mr. Sherer. Sherer: Into the property that Zamzow's owns are three curb cuts. The premise that is being leased simply includes two of those curb cuts and not the third one. So it may be referred to the northem most curb cut on the application as it exists is actually the middle of the three. Since I haven't reviewed your findings of fact and conclusions I can't speak to what issue that addresses. Johnson: That is the one that makes sense to eliminate because you can only turn right there the other most southerly one you can turn both directions and you probably want to save the other curb cuts since you are only going to get two for the part that is undeveloped. We will change that to middle also a little further down 15 foot, is that a word or is that supposed to be radius, same page, item 3. s • Meridian Planning & Zoning Commission Special Meeting May 22, 1996 Page 4 Crookston: It is just 15 feet. Johnson: It is radii is the word, is that a word, that will work, is that an engineering term? Crookston: If you want it to be, I don't have a copy of the findings with me. Johnson: Page 10, item 4, second to the last line, I believe it is supposed to say on the exterior, the sentence reads that the center curb cut will be eliminated that the building would be painted and it says ion it must be on the exterior at other times. Okay. Anyway that is all I had, any other discussion, any other corrections that anyone else has? Shearer: Yes, Mr. Sherer's name is misspelled in two places or spelled correctly. He doesn't have an A in his name and I noticed it on the front and again on page 4 I believe and possibly elsewhere. Johnson: Okay we will make that correction, any further discussion any other corrections? If not I wilt entertain a motion regarding the findings of fact. Shearer: Mr. Chairman, I move the Meridian Planning & Zoning Commission hereby approves these findings of fact and conclusions of law. MacCoy: Second Shearer: Discussion, where did Shari go, that 4000 feet, square feet on page 12, Shari, the 4000 feet on page 12 is the equivalent of 20 feet wide the length of the property that is discussed. Stiles: I don't know for sure if that is the entire (inaudible) or if that is just the (inaudible). Crookston: The map said that it had 200 feet of frontage. Shearer: Okay that is what I wanted to know. Johnson: We have a motion and a second, roll call vote. ROLL CALL VOTE: Hepper -Abstain, Oslund -Absent, Shearer -Yea, MacCoy -Yea, Johnson -Yea (Tie Breaker) MOTION CARRIED: All Yea Meridian Planning 8 Zoning Commission Special Meeting May 22, 1996 Page 5 Johnson: Any decision or recommendation to pass on to the City Council? Shearer: Mr. Chairman, I move the Meridian Planning and Zoning hereby recommend to the City Council of the City of Meridian that they approve the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law and any other required by the City Council. MacCoy: Second Johnson: We have a motion and a second to pass the decision onto the City Council as read, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: Anyone else have anything else they would like to bring before the Commission at this time? If not I will entertain a motion for adjournment. Shearer: I move we adjourn. MacCoy: Second Johnson: Moved and seconded we adjourn, all those in favor? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 5:41 P.M. (TAPE ON FILE OF THESE RROCEEDINGS) APPROVED: /~~ll j~~p c~ ~-~-~ JOHN HAIRMAN ATTEST: LIAM G. BERG, JR., CI CL RK ,C~c c ~ CITY OF PUB~C MEETIP MERIDIA~ fG SIGN-U HEET v W a,~.,~e C, dtoc,u~c~. A crn~c~' - 7YUre~l b~ T.+~,... 2 ~ '}1~tA.Q.cv~!-w~. ¢a accGpf' , FF/cL ao ~p ow...t a~ Urc+.y-~. c . wrl~l. h~.. atecutia~ ~. • 6 e~vN.~o~ Yvtottiax b y m at.~o~„„ _ Z ~-9 T.~,,;._ ,~o~r {~ F~' /c C /~~d~ra~,"~ ~ b~ Tom„,... S. {-~ aapf l~~/cL ~ ~u~,,~.c.a ;by athr~ Pi-.QVG,.a tv-, - ~.~ •~ . ~yy~,Gtd,c,.l.~„-, i2vGi ca.F.t - au ya.a (~~rJ Y~- ~: ~m ~.o-~.~.i. l~lt.w-~c ~-60.~~' BEFORE TH8 MERIDIAN PLANNING AHD ZOHIHO COMMISSION EVSRETT AND ROEN WILSON ~~ REZONS APPLICATION 1123 S. 18T STREST C\ MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing May 14, 1996, at the hour of 7:30 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. That a notice of a public hearing on the Rezone Application was published for two (2) consecutive weeks prior to the said public hearing scheduled for May 14, 1996, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the May 14, 1996, 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. 2. That this property is located within the City of Meridian and the titled owners are Everett and Roen Wilson, who have FINDINGS OF FACT AND CONCLU3IONS OF LAW%NILSON Page 1 consented to the rezone of the property; the property is described in the application which description is incorporated herein; that the property is presently zoned R-15 Residential; the area in which Applicant's property is located is developed as a residential area but several of the properties have been rezoned to commercial. 3. That the Applicants propose to have the property zoned (C-C) Community Commercial. 4. That the C-C District is described in the Zoning Ordinance, 11-2-408 B. 9. as follows: (C C1 Community Business Dist=ict: The purpose of the (C-C) District 1s to permit the establishment of general business uses that are of a larger scale than a neighborhood business, and to encourage the development of modern shopping centers with adequate off- street parking facilities, and associated site amenities to serve area residents and employees; to prohibit strip commercial development and encourage the clustering of commercial enterprises. All such districts shall have direct access to a transportation arterial and collector and be connected to the Municipal Water and Sewer systems of the City of Meridian. 6. That the property fronts on East First Street which is a minor arterial. 7. That the uses of the properties surrounding the subject property are operating businesses; three doors to the south of the subject property is Cottage Expressions, Karate training is four doors north and the U. S. Post office is across the street. 8. That sewer and water are available and are connected to the property, but the use may require additional charges and fees. 9. That Planning & Zoning Administrator, Shari Stiles, FINDINGS OF FACT AND CONCLUSIONS OF LAN/NILSON Page 2 commented that this rezone is consistent with the goals and policies of the Meridian Comprehensive Plan; that fire access and hydrant locations be provided in accordance with the Uniform Fire Code and Meridian Fire Department policies; provide one (1) three- inch (3") caliper tree for every 1,500 square feet of asphalt; provide paved parking, and driveway areas, striping and signage in accordance with Meridian City Ordinance and the Americans with Disabilities Act; that any ditches crossing or bordering the property be tiled and approval be obtained from the irrigation district and/or downstream water users association; to coordinate dumpster site locations with the City's solid waste contractor and locate dumpsters so as not to impede fire access; that all trash areas are to be provided with a screened enclosure; that lighting shall not illuminate adjacent residential properties or cause glare; that the Applicant is required to obtain a Certificate of Occupancy prior to operation of any commercial business. 10. That comments were submitted by the Meridian City Police and Fire Departments, Central District Health Department and Nampa and Meridian Irrigation District. 11. That the Meridian City Engineer's Department and the Ada County Highway District may submit comments and they shall be incorporated herein as is set forth in full. 12. Commissioner MacCoy submitted a statement that he had no objections or comments to this rezone request at this time. 13. That there was no testimony at the hearing objecting to the Application; that the Applicant's representative, Roen Wilson, FINDINGS OF FACT AND CONCLUSIONS OF LAW/WILSON Page 3 testified that they desire to have this First Street property rezoned from R-15 (Medium-High Density Residential) to C-C (Community Business District); that this will be a nice addition to the neighborhood; that thin property is located to the north of The Red Door. 14. There was no other testimony. 15. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been followed. CONCLUSIONS 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 within 300 feet of the external boundaries of the Applicants' property. 2. 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. 3. That the City of Meridian has authority to place conditions upon granting a zoning amendment. 4. That the City has judged this Application for a zoning amendment 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW/WILSON Page 4 Meridian, and the record submitted to it and the things of which it can take judicial notice. 5. 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; that upon a review 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 property is in an area where commercial and office uses are likely to desire to locate and many of the properties in the area have been rezoned to commercial. The new zoning should be harmonious with and in accordance with the Comprehensive Plan and no Comprehensive Plan amendment is required. (b) The property is on East First Street, the main street of Meridian where substantial commercial property is located. A rezone of the subject property is in line with that use. (c) The area around the property proposed for the zoning amendment is developed in a residential fashion but has had several properties rezoned. The new zoning of C-C Commercial should not be contrary to the other uses in the area. (d) There has been a change in the area which dictates that the property should be rezoned and the area is very likely, and is being, developed in an office or commercial fashion. (e) That the property is designed and constructed to be harmonious with the surrounding area. (f) Commercial uses should not be hazardous or disturbing to the existing or future uses of the neighborhood. (q) The property will be able to be adequately served with public facilities and connection to municipal sewer and water is required. (h) Commercial uses should not create excessive additional requirements at public cost for public FINDINGS OF FACT AND CONCLUSIONS OF LAW/WILSON Page 5 facilities and services and would not be detrimental to the economic welfare of the community. (i) The proposed use should not involve any detrimental activity to any person's property or the general welfare. (j) Development should not cause a significant increase in vehicular traffic and should not interfere with surrounding traffic patterns in that the property has good street frontage. (k) That this rezone will not result in the destruction, loss or damage of any natural or scenic feature of major importance. (1) The proposed zoning amendment is in the best interest of City of Meridian. 6. It is further concluded that the comments, recommendations and requirements of City of Meridian Departments, particularly the comments of Shari Stiles, Planning and Zoning Administrator, and other governmental agencies, will have to be met and complied with. 7. That any signs placed on the property shall meet the Meridian Sign Ordinance and shall not be lighted so as to shine in the eyes of vehicles traveling on East First Street. S. That the Applicant and all users of the property shall meet and comply with all of the Ordinances of the City of Meridian, specifically including the water and sewer requirements, Fire Code, Fire and Life Safety Code, and the Uniform Building, Electrical, and Plumbing Codes. FINDIN~iB OF FACT AND CONCLUSIONS OF LAW/WILSON Page 6 APPROVAL OF FINDINGS OF FACT ARD The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER BEPPER COMMISSIONER OSLUND COMMISSIONER SEEARER COMMISSIONER MacCOY CHAIRMAN JOHNSON (TIE BREAKER) DECISIOR AND VOTED VOTED VOTED ~ VOTED ~ VOTED The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Rezone requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law and that the property be required to meet the comments of the Meridian Departments and the other governmental agencies. MOTION: APPROVED: ~~Z21~~, DISAPPROVED: FIliDINGB OF FACT AND CONCLUSIONS OF LAH/WILSON Page 7