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1988 09-13i ._. • ~ • A G E N D A MERIDIAN PLANNING & ZONING SEPTEMBER 13, 1988 ITEM: MINUTES OF THE PREVIOUS MEETING HELD AUGUST 9, 1988: (APPROVED) MINUTES OF SPECIAL MEETING HELD AUGUST 22, 1988: (APPROVED) 1: FINDINGS OF FACT & CONCLIISIONS OF LAW ON PROPOSED AMENDMENTS TO THE ZONING & DEVELOPMENT ORDINANCE: (APPROVED) 2: FINDINGS OF FACT & CONCLUSIONS OF LAW ON REQUEST FOR CONDITIONAL USE PERMIT FOR A PUD GENERAL BY NAHAS & SIMCO: (APPROVED) r -~ • • MERIDIAN PLANNING & ZONING • • 5~~ 13, 1988 Regular Meeting of the Meridian PLaimiing & Zoning Commission called to order by Chairman Walt Morraa at 7:30 p.m.: Members Present: Jim Johnson, Jim Shearer, Charles Rountree: Members Absent: Moe Alidjani: Others Present: Wayne Crookston: The Notion was made by Rountree and seconded by Shearer to approve the Minutes of the previous Meeting held August 9, 1988 as written: Motion Carried: All Yea: The Motion was made by Shearer and seconded by Morrow to approve the Minutes of the Special Meeting held August 22, 1988 as written: Iten #1: Findings of Fact & Conclusion on Propezsed Amendments to the Zoning & Development Ordinance: Chairman Morraa: Any comments or questions of the Commission McTCibers? There were none. The Notion was made by Shearer and seconded by Rountree that the Meridian Planning & Zoning Ca[SCIiSSlori hereby adopt and approves the Findings of Fact & Conclusions as prepared by the City Attorney on the proposed Amendments to the Zoning & Devel- ognent Ordinances: Motion Carried: Roll Call Vote: Rountree, Yea: Shearer, Yea: Johnson, Yea: Nbrrow, Yea: The Notion was made by Rountree and seconded by Shearer that the Meridian Planning & Zoning Camiission hereby recamiends to the City Council that the Planning and Zoning Camtission's proposed Amenc~ients to the Zoning Ordinances should be approved and adopted: Notion Carried: All Yea: Item #2: Findings of Fact & Conclusion on request for Conditional Use Permit for a PUD General by Nahas & Si[tx:o: Chairnian Nbrrow: Any cacments or questions of the Commission Metnbers? Shearer: Does this cover the whole project or do they have to cane back for further consideration when the rest of the project is laid out. City Attorney: There are specifics in the Subdivision Ordinance that requires Design Review as well as filing of a Subdivision: The Motion was made by Shearer and seconded~t~tountree that the Meridian Planning & Zoning Carm~ission hereby adopts and approves the Findings of Fact & Conclusions as prepared by the City Attorney on the request for a Conditional Use Permit for a PUD General by Nahas & Simco: ~- . MERIDIAN PLANN & ZONI. SEPTII~ER 13, ~8 PAGE # 2 • • Motion Carried: Roll Call Vote: Johnson, Yea: Shearer, Yea: Rountree, Yea: Morraa, Yea: The Notion was made by Rountree and seconded by Shearer that the Meridian Planning & Zoning Camtission hereby recamlends 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 under the conditions contained herein, specifically 11-9-607 of the Revised and Compiled. Ordinances of the City of Meridian: Notion Carried: All Yea: Being no further business to ccnie before the Omission the Notion was made by Johnson and seconded by Shearer to adjourn the Meeting at 7:40 p.m.: Motion Carried: All Yea: (TAPE ON FILE OF THESE PROLE®INGS) APPROVID ATPEST: Mayor Council P & N~nbers Atty, Eng, Fire, Police Stuart, Ward, Gass, Hallett Stutzman, Valley News Statesman, ACRD, NINID, CDH ACC, Settler Irrg. ~dl1LT MO , "CHAIRMAN File (2) Mail (3) >i BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION PLANNING AND ZONING COMMISSION'S APPLICATION TO AMEND MERIDIAN ZONING ORDINANCE FINDINGS OF FACT AND CONCLUSIONS The above entitled application to amend the Meridian Zoning Ordinance having come on for public hearing and the Planning and Zoning Commission having heard any and all testimony, oral and written, that was submitted and having duly considered the evidence, the facts judicially noticed and its own opinions and the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT AMBROSE, FITZGERALD d CROOKSTON Attomaye eM CaunNloro P.O. Box It] MMtlNn, ICello B3B'R Tslplrons BSSdb1 1. That notice of the public hearing on the application was published for two (2) consecutive weeks prior to the said public hearing held August 22, 1988, the first publication of which was 15 days prior to said hearing; that the matter was duly considered at the August 22, 1988, hearing and was duly considered by the Planning and Zoning Commission; that copies of all notices were made available to newspaper, radio and television stations. 2. That the proposed amendments are as set forth in the Application which is incorporated herein by this reference as if set forth in full hereat. 3. That the Meridian Zoning Ordinance contains a definition of Planned General Development (PD-G) but the Zoning Ordinance itself does not address general planned unit development. 4. That the Zoning Schedule of Use Control does address Residential and Commercial Planned Unit Developments but does not address General or Industrial Planned Unit Developments. 5. That the subdivision portion of the Zoning and Development Ordinance does address Planned Unit Developments, residential, commercial, industrial and general. 6. That there is presently before the Commission an application for a General Planned Unit Development. 7. That the application does not pertain to any specific parcel of property but is a text amendment. 8. That there was no public comment on the proposed AMBROSE. FIRGERALD d CROOKSTON Attorneys eM CqunsNOn P.O. Boz X27 MNlolen, WNo BJB~R TsMplpm BB&M61 amendment. 9. That the Zoning Ordinance, 11-2-408 B., Zoning Districts, 14. requires that mixed use area identified in the Comprehensive Plan shall be developed as Planned Unit Development-General. CONCLUSIONS 1. That the City has authority to amend its Zoning Ordinances pursuant to Title 67, Chapter 65, Idaho Code, specifically Section 67-6511, Idaho Code, and Section 11-2-416 of the Zoning Ordinance. 2. That all notices and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 3. That the function of adopting, amending, or repealing the text of a zoning or development ordinance is a legislative function in that such does not pertain to any specific parcel or parcels of property; that the Local Planning Act of 1975 requires findings of fact and conclusions regardless of whether the function is legislative or quasi-judicial. 4. That the Commission may take judicial notice of governmental statutes, ordinances, and policies, and of actual conditions existing within the City, County and State. 5. That the City has authority to establish standards for development pursuant to its own ordinances and pursuant to Section 67-6518, Idaho Code, which allows for standards to be set on public and private development. 6. That the Comprehensive Plan of Meridian speaks to Planned Developments at page 50 and states: PLANNED DEVELOPMENT (PD) A Planned Development (PD) is one of many devices used to implement a comprehensive plan. A developer of a PD may be allowed variations for subdivision and zoning requirements, if it is in the City's interest to encourage such a development.. AMSROSE, FRZGERALO b CROOKSTON AROrneys vb Counsslas P.O. Bot s3i MmWMA, IOSIq B38s2 TsNplgns 88&IM1 PD requlations are intended to encourage innovations in land development techniques so that the growing demands of the community may be met with greater flexibility and variety in type, design and layout of sites and buildings and by the conservation and more efficient use of open spaces and of other natural environmental features which enhance the quality of life. 7. That the failure to include provisions in the Zoning Ordinance for general and industrial Planned Unit Developments was an oversight. 8. That it is in the City's best interest to amend the Zoning Ordinance to address industrial and general Planned Developments. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS AMBROSE, PIRGERAID d CROOKSTON ARpnsys ~nE DounMkw! P.O. Bm SIT MMGIN, WYq 8782 TelaP110M BBB11S1 The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL: Commissioner Rountree Voted ~~, Commissioner Shearer Voted f~~y~"' Commissioner Johnson Voted~- Commissioner Alidjani Voted~rE',t/ Chairman Morrow (Tie Breaker) Voted~j/~- RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council that the Planning and Zoning Commission's proposed Amendments to the Zoning Ordinances should be approved and adopted. AMBROSE, FITZOERALD 6 CROOKSTON Attansys end Co11nNIWt P.O. Boz,27 MMIOIN, IUNO S3lIZ TslapMns BBMMt MOTION: APPROVED~~~ '~- DISAPPROVED II • • BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION GLENNBROOK PROPERTIES AND SIMIDA CORPORATION CONDITIONAL USE PERMIT MERIDIAN-KUNA ROAD/I-84 MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS AMBROSE, FITZGERALD 6 CROOKSTON Attorneys ula CWnNbA V.O. Boz 127 MOr104n,10Ya 87!14 Tslpllgro 88Bd18/ The above entitled matter having come on for public hearing August 22, 1988, at the hour of 7:30 o'clock p.m., the Petitioner appearing, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter, makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for August 22, 1988, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the August 22, 1988 hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were made available to newspaper, radio, and television stations; AMBROSE, FITZGERALD B CROOKSTON A1folnyeYW CounNlWs P.O. BOx/2~ MNEIen, IENO 89612 TslapBOM BBBd161 2. That this property is located within the City of Meridian and is owned by the Petitioners, and is described in the application which description is incorporated herein; the property is in the Northeast quadrant of the intersection of the Kuna-Meridian Road and I-84; Petitioners propose to develop the property in mixed use fashion containing both Commercial and Light Industrial uses as a planned unit development-general. 3. That the property is located in what is presently designated in the Meridian COmprehensive Plan as a Regional Shopping Center; that a regional shopping center is about to open in Boise; that it is likely another regional shopping center will not be constructed at the location; that the City has filed a petition to amend the Meridian Comprehensive Plan and Zoning Ordinance to remove the Regional Shopping Center designated from the location; that an initial hearing on the proposed Comprehensive Plan Amendment was heard on the same hearing date as this application. That the Comprehensive Plan and Zoning changes propose to designate the location as a Mixed Use Review Area which is the present designation of the other three quadrants of the intersection of the Kuna-Meridian Road and I-84. 4. That the specific proposed comprehensive plan amendment reads as follows: MIXED USE REVIEW AREA EAST OF KUNA/MERIDIAN ROAD, NORTH OF I-84 AND SOUTH OF MERIDIAN SPEEDWAY AND STOREY PARK. 1. It is the policy of the City of Meridian to encourage and promote the further development of the Meridian Road/i-84 Interchange into a full diamond or clover leaf interchange. 2. The City shall encourage the development of Commercial, industrial, and technological uses in this area and, even though the area is a mixed use, residential uses shall be discouraged. 3. Development should be conducted under Planned Unit Development Procedures and as conditional uses, especially when two or more differing uses are contemplated. 4. The character, site improvements, and type of development should be harmonized with previously developed land in the area and where located adjacent to or near any existing residence or residential area, shall be harmonized with residential uses and all reasonable efforts shall be made to reduce the environmental impact on residential area, including noise reduction, traffic routes, air and water pollution. 5. Strip Development along the arterial and collector streets included within this mixed-use area is not in compliance with the goals, objections and policies of the Comprehensive Plan. 6. Clustering of uses and controlled vehicular access points along arterials and collector streets should be encouraged." 5. That the specific proposed Zoning Amendments read as AMBROBE, FITIGENALD B CNOOKBTON Attomays rM Counsaors P.O. Box t2] MMtllsn, 1Oa11o BJ8~2 Tslapiwna BBBI18/ follows; 1. Amend 11-2-409 A, Zoning Schedule of Use Control, Residential, by placing after "Multi-Family Dwelling" and before "Planned Residential Development (PD)" the following: "Planned Unit Development-General" and to state that such is a conditional use in the following districts: R-40, L-0, C-N, C-C, C-G, OT, TE and I. 2. Amend 11-2-409 B, Zoning Schedule of Use Control, Commercial , by placing after "Planned Commercial Development" and before "Professional and Sales Offices" the following: Planned Unit Development- General" and to state that such is a conditional use in the following districts: R-40, L-O, C-N, C-C, C-G, OT, TE and I. 6. That the location is presently zoned C-G. 7. That a planned general development is defined as follows: Planned general Development (PD-G) - A development not otherwise distinguished under Planned Commercial, Industrial, Residential Developments, or which in the proposed use of interior and exterior spaces requires unusual design flexibility to achieve a completely logical and complementary conjunction of uses and functions. This PD classification applies to essential public services, public or private recreation facilities, institutional uses, community facilities or a PD which includes a mix of residential, commercial or industrial uses. 8. That the Zoning Schedule of Use Control does not presently contain a category for general or industrial planned unit developments; that there is a proposed amendment allowing a planned unit development general as a conditional use in the C-G zone; that the proposed schedule for the zoning amendment would allow the zoning amendment to be adopted prior to final action on this conditional use application. 9. That the property to the West is vacant ground, and AM"ROSE, FITLDERALD acROORSroR Atlomsys Mlo DOUI1MIIp! P.O. BOa ~R7 MMMIan,loNo 83612 Tsl6PllOne BB6-U61 residential and zoned commercially, the property to the East is vacant property and farm ground; the property to the South is Interstate and Light industrial; the property to the North is farm ground and vacant property. 10, That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been given and followed. 11. That the property is presently farm ground and vacant ground. 12. That the Applicant has submitted petition signed by at least 758 of the people owning property within 300 feet of the property indicating their approval of the use of the property as requested by Applicant. 13. That the City of Meridian has been granted the right to receive community development block grant funds for sewer, water, and streets within the location. 14. That the City of Meridian does have control, guidelines and requirements for planned developments in 11-9- 607 and such are incorporated herein as if set forth in full. ~MBROSE, FITZGEMLD dCROOKSTON Mtaneys anG Counaebrs P.O. Box ~R7 MM01sn, IOYro B]O/II Taleplane 886~/B/ 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 Applicant's property and having obtained the consent of 758 of the owners of property within 300 feet of the external boundaries of the applicant's property; 2. That the City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and pursuant to 11-2-418 of the Revised and Complies Ordinances of the City of Meridian, Idaho; 3. That the City of Meridian has authority to place AMBROSE, FITZOERALD d CROOKSTON Allomsys anE C.OU11NI0!! v.o. eo. uT MarIGIN,IEMo B7M2 TNapUOM BBB11E1 conditions on a conditional use permits and the use of the property pursuant to 67-6512, Idaho Code, and pursuant to 11-2- 418 (D) of the Revised and Complied Ordinances of the City of Meridian, Idaho; AMBROSE, FITZOERALD a CROOKSTON Allanroys N0 CqunNlon P.O. Bo>t ~Y7 MN101ln, kMM NM2 Talplwns BSB~M7 4. That 11-2-418 (C) of the revised and Complied Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoninq Commission and the City Council shall review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area, the Planning and Zoning Commission concludes as follows: a. The use would, in fact, constitute and a conditional use permit would be required by proposed ordinances. b. The uses would be harmonious with and in accordance with the Comprehensive Plan as amended, but the Zoning Ordinance, as amended, requires a conditional use permit to allow the use. c. The use apparently would be designed and constructed, to be harmonious in appearance with the intended character of the general vicinity. d. That the uses should not be hazardous nor should they disturbing to existing or future neighboring uses. e. Plans for sewer and water service are in progress. f. The use would create excessive additional requirements at public cost for public facilities and services, but such is deemed to generally aid the City and the use would not be detrimental to the economic welfare of the community. g. The use would not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. h. Sufficient parking for the property and the proposed use must be provided. i. The development and uses will not result in the destruction loss or damage of a natural or scenic feature of major importance. 5. That all development in the area shall be controlled and guided by design review, and shall be guided and controlled under 11-9-607, Planned Development, and shall meet all of the ordinances of the City of Meridian. 6. That it is concluded that the lack of specifics in the Zoning Ordinances for general planned unit developments was an oversight; that the proposed zoning amendments correct that oversight; that the application would meet the corrected zoning ordinances as a conditional use planned unit development. 7. That the granting of this application would be in the best interest of the City. AMBROBE, FITZOENALD d CNOOKSTON Altorneya UM Counwlon P.O. Boz ~Y7 MMOI~n, IOAIro 8761Y TsNPMne BlNN7 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 Alidjani Commissioner Johnson Commissioner Shearer Commissioner Rountree Chairman Morrow (Tie Breaker) Voted ~ ,N <;+ Voted C ~' G~ Voted ~(~ ~ Voted ~t'`i Voted ~l/;~`= DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends 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 under the conditions contained herein, specifically 11-9-607 of the Revised and Compiled Ordinances of the City of Meridian. G- , , APPROVED `~.~I. DISAPPROVED AMSROSE, FITZGERAID d CROOKSTON Atlomsye MIA Counselors MNIEIM,10N0 89M2 Telplwrb l