1988 02-09
A G E N D A
MERIDIAN PLANNING & ZONING
FEBRUARY 9, 1988
ITEM:
MINUTES OF THE PREVIOUS MEETING HELD JANUARY 12, 1988: (APPROVED)
1: PUBLIC HEARING: ANNEXATION & ZONING REQUEST BY THE CHURCH
OF LATTER DAY SAINTS:
2: FINDINGS OF FACT AND CONCLUSIONS OF LAW ON ANNEXATION AND
ZONING REQUEST BY CHURCH OF LATTER DAY SAINTS. (APPROVED)
3: DARRELL CALHOUN: WILLIS & SONS PROPERTY:
MERIDIAN PLANNING & ZONING FEBRUARY 9, 1988
Regular Meeting of the Meridian Planning & Zoning Commission called to
order by Chairman Walt Morrow at 7:30 p.m.:
Members Present: P4oe Alidjani, Jim Johnson, Jim Shearer, Charles
Rountree:
Others Present: Darrell & Chris Calhoun, Jim Lough, James Gipson,
Rev. C. F. Huit, Steve Wherry, Lee Stucker, Wayne Crookston:
The Motion was made by Alidjani and seconded by Shearer to approve the
Minutes of the previous meeting held January 12, 1988 as written:
Item #1: Public Hearing: Annexation & Zoning Request by the Church of
Latter Day Saints:
Chairman D4orrow: Is there a representative in the audience and if so
would they come forward and state their name and be sworn by the
City Attorney.
Mr. James Gipson, 82 East State St, Eagle, Idaho, the project Architect
Gipson was sworn by the City Attorney.
Gipson: This property is approximately at Cherry Lane & Ten Mile a bit
South on Ten Mile. The property is surrounded on three side by property
which is currently in the City Limits. The Church presently owns the
property and wish to develop it as a normal church facility, similar
in many respects to other facilities that the church has built in the
area. There will be two wards going to this new facility and will serve
basically people who already live in the area, there is sufficient
number of church members in the area that there is a need for this
facility. The church will be a one story building, with a classroom
area upstairs, it is a standard type of plan similar to many others
which have been built. The exterior will be brick with metal soffet
and faci and a concrete the roof. The building will be surrounded
on three side with parking, a way in, a way behind the church and a
way out. The size of the parcel is five acres, the front 2z acres will
be used for the facility and the back 2~ acres used for recreational
purposes. There will be no outside lighting proposed for the recreat-
ional area. We have investigated the possiblity of services to the
site and we propose to extend the 10" water line to the property
from Cherry Lane and install the necessary fire hydrants. At this
time the property is not serviced by the sewer however, there is
plan to extend the sewer to serve this property and it would be the
desire of applicant to do that if it can be made available at this
time. We do not know the answer to that at this point in lieu of
that a septic system would be proposed for the church on an interim
basis, we have worked with the Health Department on those possibilities
and the amount of affluent we would anticipate to be discharged
would be about 7000 gallons per month. We have visited with the Fire
Department and are not aware of any unusual requirements. We are
aware of the Highway District requirements and will meet those
requirements.
Chairman Morrow: Are there any questions of the Commission?
MERIDIAN PLAN~G & Z~NG • •
FEBRUARY 9, 1
PAGE # 2
Johnson: I really do not have any questions of Mr. Gipson, just a
clarification on the City Engineers comments, on #4 he suggests
the applicant work with Mr. Stucker and Ben Fran to extend the
sewer from the existing lines. I would like to know what he means.
It was explained that this property could be sewered from two diff-
erent locations and it might be well for the church to contact these
people to see if something could be worked out for them to share in
the cost.
Johnson: The other item is irrigation water in respect to the recre-
ation area.
Morrow: This refers to that maybe they should have a surface well
for this purpose rather than using City Water.
Gipson: This is the intent of the applicant to have a small irrigation
well for the recreational area.
Rountree: How many members would be served by this facitity?
Gipson: Approximately 800, 400 per ward.
Chairman Morrow: We will n
in the audience who wishes
There was no response, the
comments by the Commission
Members, you have Findings
wish to take?
~w open the Public Hearing, is there anyone
to offer testimony on this application?
Public hearing was closed. Are there any
Members? There were none. Commission
of Fact before you, what action do you
The Motion was made by Shearer and seconded by Alidjani that the
Meridian Planning & Zoning Commission hereby adopts and approves
the Findings of Fact and Conclusions as prepared by the City
Attorney on this application.
Motion Carried: Roll Call Vote: Rountree, Yea: Shearer, Yea:
Johnson, Yea: Alidjani, Yea: Morrow, Yea:
The Motion was made by Shearer and seconded by Alidjani that it is
hereby recommended to the City Council that the property should be
annexed and zoned R-4 Residential and the Conditional Use Permit be
granted under the conditions stated in the Findings of Fact and
Conclusions of Law and those investigated and set forth by the
City Council:
tdotion Carried: All Yea:
Item #2: Darrell Calhoun: Willis & Sons Property:
Chairman Morrow: Mr. Calhoun is here for a general discussion on
the former Willis & Sons Lumber Company property. Mr. Calhoun would
you come forward and tell us what you want to do?
Calhoun: I am in the process of trying to aquire the Willis & Sons
property located on East Third and I want to know what the Planning
& Zoning Commission feeling is concerning what',;I would like to use
MERIDIAN PLAN G & Z~NG
FEBRUARY 9, 1~
PAGE # 3
the property for. Most of you know I am an auctioneer and I want to
hold auctions there and also use the retail space of the facility
as a retail outlet.
Alidjani: How often do you plan on holding auctions there?
Calhoun: Four or five per month, probably on Saturdays.
Johnson: What are the facilities for parking, I understand there is
a vacant lot nearby, is that part of it?
Calhoun: The vacant lot across the street is not part of this proposed
purchase, it is just the main building, as far as the parking, you have
parking in front, parking across the street and some parking along the
South side.
Johnson: This would accomodate how many cars?
Calhoun: I would have to measure it off.
Johnson: The retail store, that would be open during the week?
Calhoun: That would probably be open 5 to 6 days a week.
Aldjani: Would this be similiar to what they used to do, have a
varity of items?
Calhoun: Yes as far as the retail, it would be various items, we do
quite a few liquidations which is what the retail would be.
Alidjani: The things you had for sale, would they be inside the premises
or would you have it out?
Calhoun: No, everything would be done within the perimeter of the
property.
Johnson: Would there be any additional need for signage?
Calhoun: There is basically no signs on the property at this time, I
would probably want to put a sign on two sides of .the building.
Alidjani: Would you follow the City Ordinance's as far as the signs
go?
Calhoun: Yes:
Alidjani: I would just like to make a comment, I have been in this
area several times and there is plenty of parking on the East side
of the building and also on the South side and I do not see this as
a problem at this time.
Rountree: Would you anticipate much storage of merchandise?
Calhoun: Yes, in the back building on the west side of the property
would be primarily storage.
FEBRUARX 9LAi~G & Z~NG • •
PAGE # 4
Rountree: How about out in the open in the general yard area?
Calhoun: No, you can not leave to much of the type of merchandise
we deal with out in the open most everything would be under cover.
There might be an occasion where we had a vehicle or a boat, something
like that we had picked up for a bank and very seldom we hold any
merchandise over 30 to 40 days. This would be the only time some-
thing would be outside.
City Attorney: We have had some problems with unsightlyness of the
area recently I can not remember whether there is an open area
there that would need to be fenced or something like that, what is
the situation there?
Calhoun: There is very little open area on the property most of it
is covered by the building, there is probably an area approximately
100 feet by 50 feet that is chain link fenced and that is the only
open area and that is to the Bower Street side.
City Attorney: That is in Old Town isn't it, they would need a
Conditional Use Permit?
City Clerk: I did not really have a problem with the retail & storage
but had some question on the auction and that is why I had Mr. Calhoun
come to the meeting to get the Commission's imput and feeling on
this use.
Calhoun: The Conditional Use is one thing we had hoped would not be
necessary, we have been negotiating with the bank and they are wanting
to close on this property by the end of the month if possible.
Morrow: I might make a suggestion that you consider screening the
chain link fence with slatting of some sort.
Calhoun: I would not have a problem with that.
Morrow: The other thing I would have that is a major concern is the
amount of traffic if it is like the Main Auction in Boise it is
tough to get around. The question I have is how do you anticipate
solving the parking problem so they do not impact the neighborhood,
the residential and any other businesses.
Calhoun: The only other business that is open on Saturday in that
area would be down on Bower & Meridian Street which is D&D Feed.
As far as residential there is one house on the Southeast corner
of Bower & East Third Street and if it was necessary and we had a
problem there I would be more than willing to work with the owners
of that property, even if we had to do signage or etc. to solve the
problem. There is also one. half block on the west side of East third
along the vacant lot. If everything go right and we get started I
hope to aquire the vacant lot across the street also.
Johnson: I have one other question, are you considering any type of
restaurant operation there?
Calhoun: Yes, eventually of use anything we set up will have to be
MERIDIAN PLANG & Z~NG • •
FEBRUARY 9, 1
PAGE # 5
inspected by the Health Department even if we use a temporary eating
stand those have to be graded by the Health Department, I would not
have one at my facility without it being inspected due to the lia-
bility. There is a possibility prior to winter we would want to put
lunch counter type situation in there.
Johnson: That would impact the Old Town Conditional Use requirement
wouldn't it?
Attorney: Yes, that would be a change of use. It seem to me the key
question Mr. Calhoun is looking at is whether or not this Commission
feels that the change of use is sufficient enough to require that he
go through the Conditional Use Permit. The retail use is not so much
different than was there before, it is the auction use that the City
Clerk & Mr. Calhoun are looking for Commission imput on it sounds
like. Under our present Ordinance if it is a similiar use the
Zoning Adminstrator can approve it, if it is not he has to request
imput as to whether it should go through the Conditional Use Permit
process.
Chairman Morrow: I do not personally see that it is that big of a
difference, it seems to me if the prior business had been successful
the traffic volume would be up substantially on a day to day basis
probably comparable to what his one day a week is going to generate.
I do not see that it is a real radical change in use.
Alidjani: I am of the same opinion as Mr. Morrow, I went over there
today and drove around and he has plenty of parking space on the
East side and the South side and I am sure that if he wishes to he
can talk to Mr. Wilkins ,:the Blacksmith and arrange for more parking.
Calhoun: I did talk to Mr. Wilkins and if I clean up the property
and such, I could probably use some of his area for additional park-
ing. If it b~come~ a problem this is one alternative.
Johnson: I have a question, I do agree with what has been said, I
think it is a suitable spot for an auction, I do not have a problem
with that part of it, but if we put ourselves in a postiion of not
requiring the Conditional Use Permit approval what are our recourses
at a later date if we get complaints and there are violations with
respect to the change. This is the only thing I would be concerned
about.
City Attorney: Without going through the Conditional Use Permit
procedure of course there would be no conditions on the use as he
has presented, so there would be no specific controls over his
proposal however if he changes the use then he may be required to
come back for a Conditional Use Permit.
Johnson: Who makes that judgement is my question?.
City Attorney: It is initially up to the Zoning Adminstrator and
then would come back to the Commission on whether or not it is a
sufficient change of use to require a Conditional Use Permit. The
restaurant specifically would be sufficient change to require the
permit.
MERIDIAN PLAN~G & Z~NG
FEBRUARY 9, 19 8
PAGE # 6
•
Shearer: I think all my questions have been answered and i certainly
do not have any problem with this.
Rountree: I have no problem with this.
Chairman Morrow: Mr. Calhoun does that answer all your questions? I
think basically what we have just told you is that you will not have
to go for the Conditional Use Permit process through normal channels.
Being no further business to come before the Commission the Motion
was made by Shearer and seconded by Rountree to adjourn the meeting
at 7:45 p.m.:
Motion Carried: All Yea:
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
WALT MORROW, CHAIRMAN
~k Niemann' City Clerk
Mayo & Council
P Z Members
Afty, Eng, Fire
Police, Ward, Stuart
Gass, Hallett, Mitich
Valley News, Statesman
ACHD, NIMD, CDH, ACC
Settlers, Irrg.
Mail (2)
File (2)
BEFORE THE MERIDIAN PLANNING AND 20NING COMMISSION
LDS CHURCH ANNEXATION AND ZONING
WITH CONDITIONAL USE
PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS
AM RROSE,
FITZG ERALD
E CROOKSTON
Attorneys and
Counaelora
P.O. Roz dZ]
MarlElan, IGaha
838d2
Telephone BB&Nei
The above entitled annexation, zoning and conditional use
application having come on for consideration on February 9, 1988,
at approximately 7:30 o'clock p.m. on said date, at the Meridian
City Hall, 33 East Idaho Street, Meridian, Idaho, and the
Commission having heard and taken oral and written testimony and
the applicant appearing and having duly considered the matter,
the Planning and Zoning Commission makes the following:
FINDINGS OF FACT
1. That notice of the public hearing on the annexation,
zoning and conditional use was published for two (2) consecutive
weeks prior to the said public hearing scheduled for February 9,
1988, the first publication of which was 15 days prior to said
hearing; that the matter was duly considered at the February 9,
1988 hearing; that copies of all notices were made available to
newspaper, radio and television stations.
2. That the property included in the Application for
Annexation and Zoning is described in the application, and by
this reference is incorporated herein; that the property is
approximately 5 acres in size; it is South of Cherry Lane; it has
direct access to Ten Mile Road.
3. The property is presently zoned by the county
agriculturally AP-2 (Agriculture/Urban Expansion) and the present
use is the same.
4. That the property to the South is vacant land which is
not in the Meridian City limits; the property to the East is
vacant land zoned R-4 by the City; the property to the North is
vacant land zoned R-4 by the City; the property to the west is a
residence and vacant ground.
5. That the property is adjacent and abutting to the
present City limits and in fact is surrounded by the City except
on the South.
AMBROBE,
FITZG ERALD
B CROOKSTON
Attorneys and
Counselors
P.O. Box 4ZT
MarlClen, IOaho
B38K2
Telephone BBB~aa81
6. The Applicant is the owner of the property.
7. That the property included in the annexation and zoning
application is within the Area of Impact of the City of Meridian.
8. That the entire parcel of ground is included within the
Meridian Urban Service Planning Area as the Urban Service
Planning Area is defined in the Meridian Comprehensive Plan; that
the property is in the Warrior Neighborhood as designated on the
Policy Diagram contained in the Comprehensive Plan.
9. That the Application requests that the parcel be
annexed and zoned R-4 Residenital and receive a conditional use;
that there is no present use of the property other than vacant
ground; that the Applicant indicated that the intended
development of the property was for a church for which a
conditional use is required in the R-4 zone.
•
10. That the Applicant did submit a request for a
conditional use for development.
11. That if the land were annexed at this time the City
would be obligated to provide, at a minimum, police and fire
protection services.
12. That there was no testimony from the public objecting
to the Application.
13. That the property can be serviced with City water but
sewer would have to be handled on site or Applicant would have to
extend sewer lines more than 300 feet.
14. Ada County Highway District and the Department of
Health submitted comments and such are incorporated herein as if
set forth in full.
15. That the Central District Health Department submitted
comments which are incorporated herein as if set forth in full.
16. That the City Engineer submitted comments which are
incorporated herein as if set forth in full.
17. That the R-4 zone is described in the Zoning Ordinance
11-2-408 B.l, as follows:
AMBROB E,
FITZG ERALD
S CROOKSTON
Attomeye antl
Counseiora
P.O. Bos d2]
Metltlian, Itleho
B3B/2
TBlephoMB8BJ~81
(R-4> Low Density Residential District: The purpose
of the (R-4) District is to permit the establishment
of low density single-family dwellings, and to
delineate those areas where predominately residential
development has, or is likely to occur in accord with
with the Comprehensive Plan of the City, and to pro-
tect the integrity of residential areas by prohibiting
the intrusion of incompatible non-residential uses.
The (R-4) Distirct allows for a maximum of four (4)
dwelling units per acre and requires connection to the
Municipal Water and Sewer systems of the City of
Meridian.
AMBROSE,
FITZG ERALD
B CROOKSTON
Attorneys and
Counselors
P.O. Box L2]
MerlElen, l0eno
8382
TelepMne BBB-N81
18. That Section 11-2-409 B provides that churches are
allowed conditional uses in the R-4 zone.
19. That proper notice has been given as required by law
and all procedures before the Planning and Zoning Commission have
been given and met.
20. That the Applicant has submitted petitions signed by at
least 758 of the people owning property within 300 feet of the
external boundaries of the property indicating their approval of
the property as requested by the Applicant.
CONCLUSIONS
1. That the City has authority to annex land pursuant to
50-222, Idaho Code and authority to grant conditional uses
pursuant to 67-6512, Idaho Code and Section 11-2-418(D) of the
Revised and Compiled Ordinances of the City of Meridian; that
exercise of the City's annexation authority is a Legislative
function.
2. That the Planning and Zoning Commission has judged this
annexation, zoning and conditional use application by the
guidelines, standards, criteria, and policies contained in
Section 50-222; Title 67, Chapter 65, Idaho Code, the Meridian
City Ordinances, Meridian Comprehensive Plan as amended February
19, 1985, and the record submitted to it and things of which it
can take judicial notice.
AMBROSE,
FITZG ERALD
B CROOKBTDN
A~~orneys entl
Counaelora
P.O. Box 62]
Meridian, Idea
83862
TelePNOne BBBd681
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 Commission may take judicial notice of
government ordinances, and policies, and of actual conditions
existing within the City and State.
5. That the land within the proposed annexation is
contiguous 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
the Applicant, with consent of the owners, and the annexation is
not upon the initiation of the City of Meridian.
7. That since the annexation and zoning of land is a
III legislative function the City has authority to place conditions
! upon the annexation of land and that the City of Meridian has
authority to place conditions on a conditional use permit and the
~ use of the property pursuant to 67-6512, Idaho Code, and Section
11-2-418(D> of the City Zoning Ordinances.
8. That 11-2-418(C) of the Revised and Compiled Ordinances
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 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
preliminarily concludes as follows:
The use, would in fact, constitute a conditional use
and a conditional use permit would be required by
AM BROSE,
F1T2G ERALO
&CROOKSTON
ALLOmeys and
CiOUlbBbli
P.O. BoK 627
MehElan, IEa~o
87812
Telephone 8881181
ordinance.
b. The use would be harmonious with and in accordance
with the Comprehensive Plan but the Zoning Ordinance
requires a conditional use permit to allow the same.
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 use should not be hazardous nor should it be
disturbing to existing or future neighboring uses.
e. The property has water service available and sewer
will have to be provided for.
f. The use would not create excessive additional
requirements at public cost for public facilities and
services 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
AMBROSE,
FIRGERALD
6 CROOKSTON
Attorneys uM
Counselors
P.O. Bos,Z7
Msritllsn, IdNo
NNY
TNepswu BB&sel7
destruction, loss or damage of a natural or scenic
feature of major importance.
9. That the development of annexed land must meet and
comply with the Ordinances of the City of Meridian and in
particular Section 11-9-616 which pertains to development time
schedules and requirements; that the applicant should be required
to connect to Meridian water and provide sewer on site until such
time that sewer lines come within 300 feet of the external
boundaries of the site; that the property will be subject to Site
Planning Review.
10. That proper and adequate access to the property is
available but will have to be improved to allow the proposed
development.
i 11. That it is concluded that the annexation, zoning and
conditional use would be in the best interests of the City of
Meridian.
12. Therefore, based on the Application, the testimony and
evidence, these Findings and Conclusions, and the Ordinances of
the City of Meridian, it is ultimatley concluded that Applicant's
property should be annexed and zoned as requested and the
conditional use granted; that the conditions should be those
stated above and upon issuance of final platting or issuance of a
building permit and other conditions to be explored at the City
Council level; that such annexation would be orderly development
and reasonable if the conditions are met.
. .
13. That due to the fact that these findings and
conclusions were prepared prior to hearing they may have to be
altered, changed or amended after the hearing,
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 Rountree Voted lr~~-
Commissioner Shearer Voted iPg--
Commissioner Johnson Voted-rfy~~
Commissioner Alidjani Voted YC>f~.
Chairman Morrow Voted JP
RECOMMENDATION
AMBROSE,
FITZGERALD
B CROOKSTON
Attomsys MlE
Countelon
P.O. Bor s47
Ms~Mlen, MMro
BJMY
TabpnwNESSJMI
It is hereby recommended to the City Council that the
property should be annexed and zoned R-4 Residential and the
conditional use be granted under the conditions stated
hereinabove and those investigated and set forth by the City
Council.
MOTION:
APPROVED ~~` Ca DISAPPROVED