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1984 09-10 A G E N D A MERIDIAN PLANNING & ZONING September 10,1984 I ITEM Minutes of Regular Meeting Held August 13, 1984 APPROVED Minutes of Special Meeting Held August 27, 1984 APPROVED 1. PUBLIC HEARING: Annexation & Zoning Request by Upland Industries On Johnson Properties. APPROVED 2. PUBLIC HEARING:. Annexation & Zoning Request by Rex Harrison. APPROVED 3. FINDINGS GF FACT AND CONCLUSION°3: High Country of Idaho Conditional Use Permits: APPROVED 4. Workshop on Comp rehensive Plan Amendments. ~~ J4~~~ MERIDIAN PLANNING AND ZONING SEPTEMBER. 10,1984 REGULAR MEETING OF THE MERIDIAN PLANNING AND ZONING CALLED TO ORDER BY CHAIRMAN BOB SPENCER AT 7:35P.M. MEMBERS PRESENT: WALT MORROW, JIM JOHNSOi:I, JIM SHEARER, TOM COLE, ABSENT: MOE ALDIJANI OTHERS PRESENT: LLOYD HOWE, BERNICE JOHNSON, RAY JOHNSON, REX HARRISON, WAYNE CROOKSTON. MINUTES OF THE REGULAR MEETING HELD AUGUST 13,1984 APPROVED AS WRITTEN. MINUTES OF THE SPECIAL MEETING HELD AUGUST 27;1984 APPROVED'/AS WRITTEN. ITEM ~k 1 - PUBLIC HEARING ANNEXATION AND ZONING REQUEST BY UPLAND ND~U TRIES OF JOHNSON PROPERTY. MR. LLOYD HOWE WAS PRESENT TO REPRESENT THE REQUEST. CHAIRMAN SPENCER: ARE THERE ANY QUESTIONS OF THE COMMISSION? THERE WERE NONE CHAIRMAN SPENCER OPENED THE MEETING FOR PUBLIC HEARING. THERE WERE NO COMMENTS. PUBLIC HEARING CLOSED. THE MOTION WAS MADE BY MORROW AND SECONDED-JOHNSON'TO INSTRUCT THE CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSION ON THIS REQUEST AND THAT THE FINDINGS REFLECT RECOMMENDATION OF APPROVAL TO THE CITY COUNCIL. MOTION CARRIED: ALL YEA ITEM ~{ 2 -ANNEXATION AND ZONING REQUEST BY REX HARRISON. MR. REX HARRISON WAS PRESENT TO REPRESENT THIS REQUEST. CHAIRMAN SPENCER: ARE THERE ANY QUESTIONS FROM THE COMMISSION? JOHNSON; HAVE YOU READ THE MAYORS COMMENTS ABOUT THE WATER/SEWER FEES BEING PAID AT TIME OF ANNEXATION. THESE FEES AMOUNT TO $300.00 FOR WATER AND $400.00 FOR SEWER. MR HARRISON; THIS SOUNDS REASONABLE AND I SEE NO PROBLEM IN PAYING THESE FEES. IS THIS BASED ON FRONTAGE? JOHNSON; THESE ARE THE STANDARD RESIDENTIAL FEES. HARRISON ADVISED THAT THE CENTRAL DISTRICT HEALTH WAS GOING TO TEST GROUND WATER THIS MONTH AND AT THE PRESENT TIME THE STONE- HOUSE CHURCH WAS NOT READY TO HAVE THEIR PROPERTY ANNEXED. CHAIRMAN SPENCER OPENED THE;2~IEETING FOR PUBLIC TESTIMONY. THERE WE~ZE` Nb CPJ1~Il"IENTS. ~' THE PUBLIC HEARING WAS'CLOSED. THE MOTION WAS MADE SY JOHNSON AND SECONDED BY SHEARER TO HAVE THE CITY ATTORNEY TO`~REPARE FINDINGS OF FACT AND CONCLUSION OF LAW ON THIS REQUEST, AND THAT THESE FINDINGS RECOMMEND APPROVAL TO THE CITY COUNCIL. MOTION CARRIED: ALL YEA ITEM 4k 3 -FINDINGS OF FACT AND CONCLUSION: HIGH COUNTRY OF IDAHO N~ITIONAL USE PERMIT. CHAIRMAN SPENCER 1fSKED IF THERE 'WERE ANY QUESTIONS OF THE COMMISSION OR CHANGES IN THE FINDINGS AS PREPARED. THERE WERE NONE. THE MOTION WAS MADE BY MORROW AND SECONDED BY SHEARER THAT THE MERIDIAN PLANNING AND ZONING COMMISSION HEREBY ADOPT AND APPROVE THESE FINDINGS OF FACT AND CONCLUSION. MOTION CARRIES: ALL YEA THE MOTION WAS MADE BY MORROW AND SECONDED BY COLE THAT THE MERIDIAN PLANNING AND ZONING COMMISSION HEREBY RECOMMEND TO THE CITY COUNCIL OF THE CITY OF MERIDIAN THAT THEY APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY HIGH COUNTRY OF IDAHO, INC. FOR THE PROPERTY DESCRIBED I1H THE APPLICATION UNDER THE CON- DITION STATED HEREIN. MOTION CARRIED: ALL YEA CHAIRMAN SPENCER SAID HE HAD RECEIVED A REQUEST FOR A SPECIAL MEETING TO HEAR THE FENSTERMAKER ANNEXATION IN CHECKING THE CALENDAR THE EARLIEST MEETING WILL BE HELD OCTOBER 4. 1984 SO THEREFOR IT WAS CONSENSUS OF COMMISSIONER TO HEAR THIS REQUEST AT THIS REGULAR MEETING HELD OCTOBER9,1984. ITEM ~~ 4- WORKSHOP ON PROPOSED COMREHESIVE PLAN AMENDMENTS. IN REVIEWING THE PROPOSED AMENDMENTS THE COMMISSION WAS OF THE OPINION THAT ALL THE AMENDMENTS SHOULD BE HEARD WITHOUT ANY CHANGE AT THIS TIME, WITH THE PUBLIC HEARING TO BE SCHE7DULED FOR OCTOBER 9, 1984 AT THE MERIDIAN CITY HALL. THE CITY ATTORNEY WAS ASKED TO MAKE A NOTICE FOR THIS HEARING DATE. TAPE ON FILE WITH THESE MINUTES AT THE CITY CLERKS OFFICE. BEING THERE NO FURTHER BUSINESS TO COME BEFORE THE COMMISSION THE MOTION WAS MADE BY JOHNSON AND SECONDED BY COLE TO ADJOURN AT 8:20P.M. MOTION CARRIED: ALL YEA APPRO ACHD; NMID; CDHD; ACC; APA; ACDZ; FILE (~) MAIL (~) POLIC; FIRE; JUB ATTY; KIEBERT;WARD STUART; MITICH; REIN; STATESMAN; VALLEY NEWS ~, BEFORE THE MERIDIAN PLANNING AtdD ZONING CO.MPIISSION HIGH COUNTRY OF IDAHO, INC REQUEST FOR CONDITIONAL USE PERMITS FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for pudic hearing on August 27, 1984, at the hour of 7:30 o'clock, the petitioner appearing by and throuch Doug Mikelson and the Planning and Zoning Commmision of the City of Meridian having duly considered t'.~.e evidence in the matter, makes the following findings of fact and conclusions: FINDINGS OF FACT 1. Thtat notice of a public hearing on the Conditicnal Lse Permits was published for two (2) consecutive weeks prior to the said public hearing scheduled for August 27, 1984, the first pub- lication of which was 15 days prior to said hearing; that the matte was duly considered at the August 27, hearing and that the public was given full opportunity to express comments; that copies of all notices were made available to newspaper and radio and television stations. 2. That the Fetitioner for the Conditional iJSe Permits has AMBROSE, FITZGERAID B CROOKSTON Attomaya antl Counaelon P.O. Box lZ7 Mehtlbn, IWlio 83812 TelspNOM BBBM81 control over all the land contained in the Petition and upon closin of the sales of the various parcels of land, the Petitioner would be the owner of all the land contained in the Petition. 3. That Notice of the Public Hearing on the Conditional Use Page 1. i~_, Permits set for August 27, 198, was mailed by certified mail to property owners owning land within 300 feet of the external bound- aries of the land contained in the Petition; that the Petition in- cludes the signatures of at least 75% of the property owners within 300 feet of the external boundaries showing that said owners consent to the Permits and have no objection thereto. 4. That the proper notices and consents for a conditional use permit have been given and obtained and all procedures before the Planning and Zoning Commission have been given and followed. 5. That the property is located within the City of Deridian and is generally described as a portion of the N 1/2, NE 1/4, SE 1/4, and a portion of the SE 1/4, NE 1/4, of Section 13, T. 3 N. R. 1 W., Boise Meridian, Ada County, Idaho, and a more particular description of the property is included in the Petition, which description is hereby included herein by this reference as if set forth in full; that the property is zoned General Retail and Ser- vice Commercial (C-G) . 6. That the property is largely located in an area designated as a Mixed Use Review Area by the Meridian Comprehensive Plan; that land designated as a Mixed Use Review Area must be developed as a Planned Unit Development and approved as a conditional use. 7. That the Petitioner has Petitioned for a Conditional Use Permit for development of the land as a Plannned Unit Development and has Petitioned fora conditional use permit for the operation qM SROSE, FITZG ERALO of an alcoholic establishment andthe operation of a lounge and a BCROOKSTON livestock facility. Attomeye ena Couneeloie F.G. BoY X27 MMElen,lee~o 8J8~Y Telephone ESS~eEt Page 2. 8. That the evidence submitted by the Petitioner shows that it intends to develop the property as 100 room motel and a rest- aurant with a lounge for the serving of liquor by the drink and as including a facility for the overnight housing of livestock; that the Planning and Zoning Commission has processed this application on the basis of the Petitioners representations, 9. That the general area within which the land is contained is largely residential and agrarian; that the subject property is, however, zoned C-G and cpable of being developed as requested; the property to the east across Highway 69 is zoned commercial and des- ignted as a regional shopping center site; the property to the north and west is largely residential and agrarian oriented; the property to the south is residential and vacant land of an agrarian nature and a part of Interstate I-84 is adjacent thereto; the por- tion of the subject property south of Waltman Lane is designated in the Peridian Comprehensive Plan as a Mixed tise Review Area which is capable of being developed in the fashion presented in the Peti- tioner's application or industrially or commercially; that the sub- ject property is contained in an Interstate Interchange Area which by the Meridian Comprehensive Plan is encouraged to be developed commercially or industrially. 10. That the proposed development of the property is a com- AM BROSE, F1T2GERALD &CROOKSTON Attomeya anE Counsalore P.O. Boz 1]T MerlElan, IEano Bxaz Taleplrons 888-IMt mercial use. The owner would be required under the City Ordinances to commercial rates for water, sewer and track and to pay pay for the requisite number of hookup fees required by the Petitioner's Page 3. 11. That the water and sewer lines are not presently within 300 feet of the proposed development. 12. That the City of Peridian presently has five liquor li- censes which are being operated in the City limits; that State law provides that there can only be one liquor license for every 1,500 people except £or the first two licenses; that a new liquor license will not be available in the City of Meridian until the population reaches 7,500; that in order for this Petitioner and development to include a lounge for the sale of liquor by the dring it would have to buy an existing license or gait until it could obtain a li- cense when the population reached 7,500, i£ it even were in line to receive one at that time; that this petition and development re- quest do not involve the issuance of a liquor license but only the right to operate an alcoholic es tablishement on the subject prop- erty; the issuance o£ a liquor license would be a separate matter. 13. That the Conunission heard oral testimony and received AM BROSE, FITZGERALD A CROOKSTON Attorneys end Counselors I P.O. Boz IZi Merl0lan, IEMIo 83812 Tele0liona 888~1M1 written testimony; that there were petitions submitted in opposi- tion to the sale and service of liquor on the premises; one person testified that she was against not only the sale of liquor but also the project; other persons testified in support of liquor and the entire project; that no objections were received from the public regarding the plating of the property, which does not require findings of fact or conclusions upon a decesion; th at governmental agencies involved in the development submitted comments and their requirements regarding the development which agencies included Page 4. the Ada County Highway District, the Central District I3ealth Depar men t, and the Nampa & Meridian Irrigation District. CONCLUSIONS 1. That since the land which is the subject of this Petition is contained within a Mixed Use Review Area, the development must be processed as a planned unit development under the conditional use procedures even though the property is zoned for the uses re- quested in the petition; that the use of the property for an alcoh- lic establishment must be processed and approved as a conditional use permit. 2. That the City of Meridian has authority to grant Condi- tional Use Permits pursuant to Title 67, Chapter 65, Idaho Code, and pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of n'Ieridian. 3. That upon the issuance of a Conditional Use Permit, the City of P4eridian has authority to place conditions upon the Permit and the use of the property. 4. That 11-2-418 (C) of the Revised and Compiled Ordinances AMBROSE, PITZG ERALD B CROONSTON Atlomeye end Counselors P.O. BOZ 12] Meddlsn, lONo eae~z Telsplana BB&IMl of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional L'se Permits; that upon a review of those requirements and a review of the facts presented and the con- ditions of the area, the Planning and Zoning Commission specificall concludes as follows: Page 5. a. The uses, in fact, constitute a conditional use and a con ditional use permit is required by ordinance. b. The uses will be harmonious with and in accordance with the Comprehensive Plan and the Toning Ordinance. c. The uses will be designed, constructed, operated, and maintained to be harmonious in appearance with the in- tended character of the general vicinity such being des- ignated for commercial or industrial development in a Mixed Use Review Area. d. That the uses will not be hazardous or disturbing to ex- isting of future neighboring uses. e. The Petitioner is responsible for the extension of the sewer and water lines and it should be able to provide adequately those services. f. The uses will not create excessive additional requiremen at public cost for public facilities and services and will not be detrimental to the economic welfare of the community . g. The uses will not involve uses, activities, processes, materials, equipment and conditions of operation that wil be detrimental to any person, property or the general wel fare by reason of excessive production of traffic, noise, sraoke, fumes, glare or odors. h. The uses and development will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding pub- lic streets. i. The development and uses will not result in the destruc- tion, loss or damage of a natural or scenic feature of major importance. 5. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code and the Ordinances of the City of Meridian have been complied with. 6. That the Commission may take judicial notice of laws and AMRROSE, F1T2G ERALD 6 CROONSTON Altomeye Ntl Counwloro v.o.9o.~zT Merltllan, ItlAo B3B42 Telp~one BBB~N1 ordinances and of actual existing conditions. Page 6. 7. That the recommendations and requirements submitted by the Ada County Highway District are incorporated herein as if set forth in full and they must be complied with. 8. That the recommendations and requirements submitted by the Nampa & Pleridian Irrigation District are incorporated herein as if set forth i.n full and they must be complied with. 9. That the comments and requirements of the Central Distric Health Department are incorporated herein as if set forth in full and they must be complied with. 10. That the State of Idaho Department of Transportation did not submit any comments but since a State Highcaay is involved in this development any requirements of that Department must be com- lied with. 11. That objections to the sale and serving of liquor as a AMBROSE, FIT2GERALD S CROOKSTON Attorneys 8ntl Counaelon P.O. eoz 12] Merltllen, ItleKo 83812 TlIpKOM 888-1181 part of the development are of concern to the Commission; the ob- jections to the point that another liquor establishment is not needed nor desireable in the City of b2eridian are muted to a large extent by the fact that if the population does not increase to 7,500, the project would not mean an additional license but a transfer of location of an existing licese already being operated within the City. The comments of one witness to the effect that it is not alcohol itself that creates a problem but the people that abuse its use are also well taken; that the benefits of this project and development to the City of P4eridian outweigh the pos- sible detriments of transfering a liquor license to this location. Page 7. II • • 12. That the addition of a Motel-Restaurant-Lounge complex to the City of 1`Qeridian will be in the best interest of the City of Meridian. 13. That the City shall retain design review of all devel- opment and the project; the use of the property and the construc- tion and development must conform to the Ordinances of the. City of Meridian; The Petitioner would specifically be required to extend sewer and water lines to the project at its own cos t and at a size determined by the City of Meridian. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commision hereby adopts and ap- roves these Findings of Fact and Conclusions. ROLL CALL: Commissioner Morrow Vote Commissioner Alidjani Vote Commissioner Johnson Vote Commissioner Shearer Vote Commissioner Cole Vote Chairman Spencer (Tie Breaker) Vote DECISION AND RECOMIAENDATION gMBROSE, FITZGERALO bCROOKSTON Attomsye eno Couneelon P.O. eon ART MxI01en, IOalw e~ux TebPOOne 8B6ME1 The ?4eridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Conditional Use Permits requested by High Country of Idaho, Inc. for the property described in the application under the conditions stated herein. MOTION: APPROVED: DISAPPROVED Fage S.