1984 07-16
A G E N D A
SPECIAL MEETING
MERIDIAN PLANNING & ZONING
July 16,1984 @ 7:00 P. M.
ITEM:
1. Findings of Fact and Conclusions on Annexation Request by High
Country of Idaho, Inc. (APPRUVEDj
2. Findings of Fact and Conclusions on Conditional Use Permit Request
by Larry Palmer (APPROVED)
PLANNING AND ZONING ~fING (SPECIAL)
JuCy 11984
SPECIAL MEETING OF 7HE MERIDIAN, PLANNING AND ZONING CALLED TU
ORDER BY CHAIRMAN BUB SPENCER AT 7:00 P. M.
MEMBERS PRESENT: wALT MURRUUI, MUE ALIDIJANI, JIM JOHNSON, JIM SHEARER, TUM COLE.
OTHERS PRESENT: FRED FRAHM, HARRIET GATHERTZ, MRS. KEN REDINIUUS.
(ITEM #1)- F.Lnd,Lngb ab fact and Conekub~.an AnnexatLon and Zan,Lng nequeb~ by
High Cauvit/cy a{~ Idaho, Inc.
Chan,iman Spenee~c aaked ~,b any di~sewsb~an by membenb.
No D.iecubb.Lan.
Ma~:i.an made by Manhaw and becanded by Sheanex ,that the cammisb.Lan
hexeby adapt and appnave ab the F.Lnd,Lngb ob Faat and Conebub~.ans
as pnepaned by the C.%ty A~:tanney.
Ma~i,an Caxn~.ed: ALL YEA
The F.Lnd~ngb a~ Faat and CancCub.Lon an {.i,2e at .the City CKehlus o{~~~ce
with .the mi,nuxe6.
The madi.an was made by Jahwsan and becanded by Mavcow ,that the cammi~sb.Lon
heJceby neeammende the C.%ty Caunai.C .to accept .the annexat%an nequ~s.t
and ghat the pnapelaty be zoned C-G and .that ,the Deve2apmen~ paoeeed
ab pKanned Development Genenn,E and appnoved ab a Cand,~tiona~ ube ~ehrriit.
Ma~%on Ca~uri.ed: ALL YEA
(ITEM ~ 2)-F,Lnd,Lng ob Fae~ and Cane2ub,iows eanditianaK ube penmi~ fi.eque~s.t by Lcvucy
and Beelzy Pa2meh.
Cha.ucman Speneen abked ~,S #hehe wab any diheubb~.on.
Jahv~san: In Item 8 04 the F.Lnd~,ng ob Faex he .thaugh~ ab ~h.ih wab a
nepcwe bhop .the pawts ma~,n~a,i.ned an pnemi~ses wab ~a ne~S~h,%eti,ve.
Thene wab make di~euab.Lan.
The mo.t%an waa made by Shecueen and becanded by Marucaw ~o amend ~hih ~a head
non pahtJ., ma.%v~ta~ned an pnemi~seb .Ln pubP~e v.Lew.
Ma.t%on Ccvuri.ed: ALL YEA
Majucaw had a pnablem w.Lth Item 5 0{~ the eanaeuslanh ab the b~atemev~t
~hi~s be aleowed un~i.2 the P8Z Camm%b.son ah .the City lbun~i2
- g~.vel~ pe~,%ti.one~c nad:%ce ab a heeowsT.deha#.ianab .the the Candlfi%anal
ube pe~uni~. Ma~ucaw geP~t ghat ~ b home pvlv.,an had a phoblem w.itJi .this
opexa~,i,an .the peanut could be nevahed.
Then wab mane di~seub.Lan.
The ma.tuan wab made by Montcaw and beeonded by Aldijawi .to add an Item #6
~a xhe conc.2ub~.an .that Head a5 ba22awb, .that .th,i.a pehnut wauRd be goad
ban a peniad ab (1) one yeah and wauCd autamatLea,22y be neneiued
~.b the eanditians ab bet bonth ~.n .the FLndingb ab Fae~ and Canc.2ub~.an.1
wehe nod v.La 2a ted.
Ma~:i.on Carv~i.ed: ALDIJANI, MORROW, COLE, (YEA) •
JOHNSON, SHEARER, INAY)
The mafi%an was made by Mannaw and heconded by Cole ghat the cammish~.an
he~ceby adapts and appnave the bindingh ab bash and cavi,Ccv.,.Lans as
amended.
Madan Ca~utied: .ALL YEA
These b.indingh a{s Faat and canc.eus~ows cute an ~-%Qe T.n the C.%ty CLenhs
a 6 .ice w,i~h the mi,nu~e5 .
The ma.tivn wars made by A~dijan,i and ~secanded by Ma~ucaw ghat .the evmmis3ian
hereby hecommends ~v .the City COunai,e ghat .they appnave ,the Candi~iona2
use penmi~ ab LaNCy and Bechy Pa2men under. the candi~iann and agneemen~s as
bound and canakuded ~.n .the F.indingh o~ Faa~h and Con,Ccus~.ows cute amended .
Ma.tian Catvried: ALL YEA
Being #hene na gw,then. bwsinel~s ~a came bebone the eomm.i.Se~an
The mo.tc:an was made by Ma~ucaw and 3eeanded by Shecucen ,to adjocvcn at
7:23 P. hl
Mo#ian Ccuvu.ed: ALL YEA
PROVED
B S CER
MAYUR~ COUNCIL
P&Z C MM.
POLICE:FIRE:JUB:
ATTY:KEIBERT:WARD:
STUART:MITICH:
VALLEY NE(US
ACRD, NMID, CDHD,
ACC, APA, ACDZ
FILE: MAIL (21
FILE (2)
I
• •
BEFORE THE ^'IE'RIDIAN PLANNING AND ZONING CO1~?~IISSION
HIGH COUNTRY OF IDAHO, INC. ANNE'~TION
FINDINGS OF FACT AND CONCLUSIONS
The above entitled annexation having come on for considera-
tion on July 9, 1984, at approximately 8:00 o'clock p.m, on said
date, at the Meridian City IIall, 728 Meridian Street, Meridian,
Idaho, and the Commission having heard and taken any and all oral
and written testimony and having duly considered the matter, the
Planning and Zoning Commission makes the following:
FINDINGS OF FACT
1. That notice of a public hearing on the annexation was
published for two (2) consecutive weeks prior to the said public
hearing scheduled for July 9, 1984, the first publication of which
was 15 days prior to said hearing; that the matter was duly
considered at the July 9 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 Planning and Zoning Commission (P & Z Comm.)
received oral testimony.
3. That the property included in the Application for
AM EROS E,
=1T2G ERALD
d CROOKSTON
Attorneys end
Counselors
P.O. Box 02]
MetlEies, IENo
83662
Telephone 88&N01
annexation is described in the application, and by this reference
is incorporated herein; that the property generally lies adjacent
to teridian Road north and souti7 of 6valtman Lane and consists of
approximately thirty-five (35) acres of land and is generally
knoom by the following addresses:
160 Johnson Lane, Ieridian, Idaho
135 Waltman Lane, P~teridian, Idaho
627 South Meridian Street, 6?eridian, Idaho
235 4~laltman Lane, Meridian, Idaho
703 South Meridian Street, Meridian, Idaho
335 Vdaltman Lane, I•?eridian, Idaho
725 South I?eridian Str-et, 9?eridian, Idaho
601 South Peridian Street, Ieridian, Idaho
Parcel #7650 (located on the south side of TAaltman Lane)
Meridian, Idaho
155 Waltman Lane, Meridian, Idaho
Parcel #s 7520, 7400, 7220, 7600 and a portion of 82.95
(abutting State Highway No. 69 and Johnson Lane),
h?eridian, Idaho
613 Meridian Street, Ieridian, Idaho
295 Waltman Lane, L--?eridian, Idaho
365 Waltman Lane, Meridian, Idaho
Also included are the following:
A portion of Waltman Lane, a dedicated public road presently
maintained by the Ada County Highway District;
A portion of State Highway No. 69 west of the Boise Meridian
extending 661.58 feet south of the center line of Waltman
Lane; and
A portion of Johnson Lane.
4. That the property is adjacent and abutting to the
present City limits;
5. That the property included in the annexation is within
AM BROSE,
°IT2GERALD
B CROOKSTON
A„omeyf And
GDVIINIOA
P.O. Boy ART
Mer101~n, ICMio
61E~2
Telplwna 88BIM1
Area of Impact of the City of Meridian as adopted by Ordinance
No. 319, but which Area of Impact has not been adopted by Ada
County.
6. That the entire parcel of ground is included within the
Meridian Urban Service Planning Area as the iJrban Service Planning
Area is defined in the 1978 Comprehensive Plan and is in the Urban
Service Planning Area as presently proposed by the Citizen's
Committee which has recommended changes to the Area of Impact and
to the Urban Service Planning Area.
7. That the application for annexation requests that the
parcel be annexed and zoned "C-G'°, General Retail and Service
Commercial; that the present use of the property is vacant ground
and residential.
8. That the portion of. the land in this annexation south of
Waltman Lane is contained in the 24ixed Use Review Area caest of Kuna
Road, north of I-84 and south of Waltman Lane as designated in the
Meridian Comprehensive Plan as amended April ?., 1984; that the
portion of the land in this annexation lying north of Waltman Lane
is not contained in the above b2ixed Use Area but is adjacent there-
to and is also adjacent to Meridian Road. Additionallia, it is in
very close proximity to the I-84/*Qeridian Road freeway interchange.
As shown on the Policy Diagram o£ the Comprehensive Plan, p. 7, the
north portion of the annexation land is contained in the eastern
and southern edge in what is referred to in the Comprehensive
Plan as Linder Acres, a neighborhood.
9. That the land is across Meridian Road from the site of
AMBROS E,
°IT ZG ERALD
b CROOKSTON
At~orneya enE
Counselors
P.O. BoR ~2T
Mer101an, IEa~o
B36s2
Telapflona BB8~01
the regional shopping center at .Meridian Road and I-84; that the
land is included in the interchange area of ~![eridian Road and
I-84.
10. That the proposed use of the property would be to
construct a restaurant and motel facility;
11. That at the public hearing, there were questions and
concerns by residents of Waltman Lane as to how the property would
be developed; that only one resident specifically voiced objection
and disapproval of the annexation; that there were many comments
favorable to the annexation and t'~e developr.~ent proposal.
C O N C L U S I O N S
1. That the City has authority to annex land pursuant to
50-222, Idaho Code; that exercise of the City's annexation
authority is a Legislative function,
2. That the Planning and Zoning Commission has judged the
annexation application by the guidelines, standards, criteria,
and policies contained in Section 50-222, Title 67, Chapter 65,
Idaho Code, the reridian City Ordinances, and the 1978 :~4eridian
Comprehensive Plan as amended April 2, 1984.
3. 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.
4. That the City may take judicial notice of governmental
AM BROSE,
'ITZGERALO
B CROO KSTON
Attorneys sntl
Counselors
P.O. Box I2]
Meritllen, IMNo
B~U1
TslapNOne BBBMeI
statutes, ordinances, and policies, and of actual conditions
existing within the City and State.
5. That all land within the proposed annexation is contigu-
ous to the present City limits of the City of Meridian, and the
annexation would not be a shoestring annexation.
6. That the annexation application has been initiated by
High Country Inc. of Idaho and is not at the request or initiation
of the City of Meridian.
7. That on page 1, Nature of the Comprehensive Plan, of
the Comprehensive Plan, it indicates that the "plan sununarizes
policies and proposals and does not develop detailed site plans."
8. That on page 6 of the Comprehensive Plan it states:
"The Policy Diagram is to be used as a general guide for
land use de cisionmaking--not as a legalistic, literal and -
definitive map. As applications and proposals of land
uses are submitted, the Policy Diagram is not intended to
be used as the sole, authoritative means for decisioh-
making. Rather, it is but one of the many tools which are
available for public officials as they exercise their
responsibility regarding the health, safety and welfare of
the general public."
9. That the Comprehensive Plan, at page 15, under Economic
Development encourages commercial development at interchange
accesses, one of which is Meridian Road and I-=84.
10. That since the land included in the annexation north of
AM BROS E,
'ITZG ERALD
B CROOKSTON
Attorneys and
Counaeloro
P.O. Box 12]
Men0lan, IENo
&M12
]alaP~o~reeee+aei
Waltman Lane is on the very edge of the Linder Acres neighborhood,
that since it is adjacent to the b4ixed L'se Area south of Waltman
Lane, and that since it is across from the regional shopping center
site and part of an interchange development area, and the
Comprehensive Plan Policy Diagram is not a detailed site plan and
is to be used as a general guide for land use decisions, the
annexation is concluded to be in compliance with the Comprehensive
Plan as amended April 2, 1984, and the annexation land should be
treated entirely as being ~dixed Use.
11. That General Retail and Service Commercial (C-G) zone
is allowed in the Mixed Use Area o£ the Comprehensive Plan as
set forth on page 14 of the Comprehensive Plan as amended
April 2, 1984.
12. That the development in 1lixed i7se Areas is to be
guided by specific project plans.
13. That 11-2-408 B.14 states:
"Mixed Use Review Areas: Those areas which, because of
their unique location and varied potential need to be
planned as a whole, have been designated in the Meridian
Comprehensive Plan as Mixed Use Review Areas. These
areas shall be developed as Planned Development General
(PDG) and must be approved as a Conditional Use."
14. That it is concluded that the annexation is in the
best interest of the City of Peridian.
15. That Section 11-2-417 of the Revised and Compiled
AM EROS E,
=1TZG ERALD
B CROOKSTON
Altorneya an0
Counaelora
P.O. Box 12]
MerlElen, IEMc
838x2
Talsp~one 888{/81
Ordinances of the City of Meridian requires that upon annexation
the annexed property must be zoned; that the applicant has
requested a General Retail and Service Commercial Zoning (C-G);
that the property is contained in a P2ixed LTse Review Area which
allows such a zone; that 11-2-408 B.14 of the Revised and Compiled
Ordinances of the City of Meridian requires that land in a nixed
C~
•
Use Review Area be developed as a Planned Development General
and approved as a Conditional Use.
16. That since the land is across Meridian Road from a
possible regional shopping center, is adjacent to Meridian Road/
Highway 69, and is in an Intersta±e highway interchange area which
is being encouraged to develop commercially or industrially,
proper zoning for the land is General Retail and Service Commercial
(C-G).
17. That since the land is in a P9ixed Use Review Area, the
requirements of 11-2-408 B.14 referred to above dictate that even
though the C-G zoning is appropriate, the development of_ the land
must be in accordance with the guidelines for a Planned Development
General and approved as a Conditional Use.
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian Planning and Zoning Commission hereby adopts
and approves these Findings of Fact and Conclusions.
Roll Call
Commissioner 4orrow Voted (/~`~
Commissioner Alidjani Voted
Commissioner Shearer Voted ,,
Commissioner Cole Voted
Commissioner Johnson Voted
Chairman Spe ncer (Tie Breaker) Voted
DECISION ADID RECOb1"~ENDATION
AM BROSE,
=1TZG ERALD
B CROOKSTON
Atlornaya anE
Counaelon
I P.O. BoK t2]
MsrlElan, laa~a
B3B12
Telsplane BB6M81
The ~fleridian Planning, and Zoning Commission hereby recomnends~
to the City Council that this annexation request be approved and
that the property be zoned General Retail and Service Commercial
(C-G) and that development proceed as a Planned Development General
and approved as a Conditional [use Permit.
MOTION:
APPROVED: /Z1~ Cam( DISAPPP.OVED
AMBROSE,
=1TZGERALD
&CROOKSTON
A~~wneys and
Counsalwa
P.O. Box a2]
Meri0ln, ItlMc
8]MI
TelepNwie BBB-Nal
BEFORE THE MERIDIAN PI~INNING AND ZONING CO`?MISSION
LARRY PAL2tER AN1 BECKY PALMER
CONDITIONAL USE PERLdIT
At 41 E. Bower
Meridian, Idaho
FINDINGS OF FACT ARID CONCLLTSIONS
The above entitled matter having come on for public hearing
on July 9, 1984, at the hour of 7:30 o'clock p.m., the Petitioner
Larry Palmer appearing in person, the Planning and Zoning
Commission of the City of Meridian having duly considered the
evidence and the matters makes the follot,~ing Findings of r^.act
and Conclusions.
FINDINGS OF FP,CT
1. That this property is located taithin the City of Meridian,
2. That the property is located in a commercial area and is
zoned commercial but the zoning does not allow the uses proposed
by the applicant.
3. That proper notice has been given as required by law and
all approvals and procedures before the Planning and Zoning
Commission have been given and followed:
4. That no persons appeared at the hearing objecting to the
AMBROSE,
°IT2GERALO
B GROG KSTON
Atlorneye enE
GOUOOBIOA
P.O. eos ~2T
MerlElen, IEe~c
8TM2
TBIevOVne BBBJMI
use of the property as proposed in the application and one resident
of the area testified in favor of the issuance of the permit.
5. That the property has been used for various commercial
activities in the past including a radiator repair shop and
automotive related activities.
6. That since this is a commercial activity, the owner
of the property will be required to pay commercial rates for
water, sewer and trash and to pay for any additional hook-ups
required by the applicants' proposed use.
7. That the use of the property as a radiator repair shop
and including the sale of used cars and machinery, welding and
basic automotive repair, which is a commercial activity, is not
in compliance with the zoning ordinances or the allowed uses in
the commercial zone in which the property is located.
8. That the applicant agreed that he would have no more
than four (4) used cars :Eor sale at any one time; that he would
restrict the use of on-street parking; that there would be no junk
vehicles nor parts maintained on the premises y,
C O N C L U S I O N S
1. That the City of Meridian has authority to grant
AM BROKE,
=IT2GERALD
B CROOKSTON
A~~orneye and
Cooneelore
P.O. eon K2]
MerlElen, IONo
B8M2
TslapNOne 888-NBl
conditional uses, pursuant to 67-6512, Idaho Code, and pursuant
to 2-418 of the Revised and Compiled Ordinances of the City of
Meridian, Idaho;
•
2. That the City of T'[eridian has authority to limit the
time a conditional use may be in existence, pursuant to 67-6512,
Idaho Code, and pursuant to 2-418(D) of the Revised and Compiled
Ordinances of the City of Meridian, Idaho;
3. That the City has authority to grant conditional uses
pursuant to Chapter 65, Title 67, Idaho Code, even though the
proposed use is not in compliance with the zoning ordinances;
4. That the City has authority to place restrictions on
Conditional Use Permits.
~5. There having been no objection to the use of- the property
as proposed by Petitioners, it is hereby recommended by the
Planning and Zoning Commission of the City of Meridian that
Petitioners be allowed to use the said property as a radiator
repair shop, as a location for the offering for sale of no more
than four (4) used cars at one time, for machining and welding and
for other basic automotive related reapir until the Planning and
Zonina Commission or the City Council gives petitioners notice of
a reconsideration of their Conditional Use Permit.
APPROVAL -0F FINDINGS OP' FACT AND CONCLUSIONS
The Meridian Planning and Zoning Commission hereby adopts
AM RROSE,
=RZG ERALD
BCROOKSTON
Attomeya entl
G0009010,a
P.O. Boa A2]
Merltllan, Itleho
838a2
Telephone BBB~aaBt
and approves these Findings of Fact and Conclusions.
Roll Call
Commissioner 24orrow Voted L GQ
Commissioner Alidjani Voted
Commissioner Shearer Voted
Commissioner Cole Voted E~i~~
Commissioner Johnson Voted f7
Chairman Spencer (Tie Breaker) Voted
~~
DECISION AND RECOMMENDATION
u
The Meridian Planning and Zoning Commission hereby
gMBRO&E,
=1T2G ERALO
B GROG KSTON
Attomaye uW
Couneelon
P.O. Boz 12]
Merl0lan, IENo
B3M2
T81epNOne BeB-1181
recommends to the City Council of the City of Peridian that they
approve the Conditional Use Permit of Larry and Beclcy Palmer for
the operation of a radiator repair shop, a location for the offerin
for sale of no more than four (4) used cars, machining and welding
and basic automotive related repair at 41 East Bower, Meridian,
Idaho, under the above conditions and agrements as found and
concluded above.
"dOTION
APPicOVED• !a~ l~ DISAPPROVED: