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