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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: