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1987 11-10 A G E N D A MERIDIAN PLANNING & ZONING NOVEMBER 10, 1987 ITEM: MINUTES OF THE PREVIOUS MEETING HELD OCTOBER 13, 1987: (APPROVED) 1. FINDINGS OF FACT AND CONCLUSIONS ON REZONE REQUEST BY W. R. JOHNSON: (APPROVED) MERIDIAN PLANNING & ZONING COMMISSION NOVEMBER 10, 1987 Regular Meeting of the Meridian Planning & Zoning Commission called to order by Chairman Walt Morrow at 7:30 p.m.: ChairmanMozx~w welcomed and introduced the new member of the Commission Charles Rountree. Members Present: Moe Alidjani, Jim Johnson, Charles Rountree: Members Absent: Jim Shearer: Others Present: Steve Wherry, Wayne Crookston. Ashlee Crookston, Wayne Crookston Jr. III: The Motion was made by Alidjani and seconded by Johnson to approve the minutes of the previous meeting held October 13, 1987: Motion Carried: All Yea: Item #1: Findings of Fact & Conclusions on Rezone Reauest by W. R. Johnson: Chairman Morrow: The Members have had the Findings, are there any questions or comments? There was no response. The Motion was made by Alidjani and seconded by Rountree that the Meridian PLanning & Zoning Commission hereby adopts and approves the Findings of Fact and Conclusion as prepared on this application: Motion Carried: Roll Call Vote: Alidjani, Yea: Roundtree, Yea: Morrow, Yea: Johnson, Abstained: Chairman Morrow: Let the record show that the name of Rountree is sub- stituted for Cole: The Motion was made by Alidjani and seconded by Rountree that the Meridian Planning & Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the application for rezone of the pro- perty to Community Commercial as requested in the application, upon the condition that all other City Ordinances are complied with and the com- ments and requirements of the City Engineer and other governmental agencies are met as set forth in the Conclusions: Motion Carried: All Yea: Johnson Abstained: Being no further business to come before. the Commission the Motion was made by Rountree and seconded by Alidjani to adjourn at 7:33.3 p.m.: Motion Carried: All Yea: AT T: Jack iemann City Clerk BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION WALTER R. AND VIRGINIA L. JOHNSON REQUEST FOR REZONE 1103 EAST FIRST STREET MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing on October 13, 1987, at the hour of 7:30 o'clock p.m., the Petitioners appearing in person, 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 AM BROSE, FITZGERALD S CROO KSTON Attorneys entl Counaeloro P.O. Box a27 MarlCien, Itlaho 83NZ Talsphorre BBB~aM/ 1. That the property is located within the City of Meridian and is described in the application and which description is incorporated herein as if set forth in full and which property is known by the address 1103 East First Street, Meridian, Ada County, Idaho. 2. That the property is presently zoned R-15, Residential, and is being used both as a residence and a commercial use; owners and the property have been issued conditional uses in the past for commercial uses; that the property surrounding the subject property is similarly zoned and • • is either in OLD TOWN or is developed as R-4 Residential; there is intermittent development of Commercial property along East First Street. 3. The property is situated West of the site for the new post office and Northwest of a funeral chapel. 4. That the Applicants' proposals is to change the zone from R-15 to C-C, Community Commercial so the Applicant's property will be so zoned and to eventually use the property in a commercial fashion, probably an office; no immediate Commercial use is intended for this property, however, the present occupant does operate a commercial venture. 5. The requested Community Commercial zone is described in the Zoning Ordinance as follows: (C-C) COMMUNITY BUSINESS DISTRICT: The purpose of the (C-C) District is to permit the establishment of general business uses that are a larger scale than a neighborhood business, and to encourage the development of modern shopping centers with adequate off-street parking facilities and associated site amenities to serve area residents and employees; to prohibit strip commercial development and encourage the clustering of commercial enterprises. All such districts shall have direct access to a transportation arterial and collector and be connected to the Municipal Water and Sewer systems of the City of Meridian. 6. The Comprehensive Plan contains Economic Policies on qM RROSE, FITZGERALD BCROO KSTON Attorneys an0 Counselor P.O. Boz 12T Merldlsn, Idaho 83812 Telaplwna BBBd181 pages 15 and 16; the pertinent policies to this Application are stated as follows: 1. The City of Meridian shall make every effort to create a positive atmosphere which encourages industrial and commercial enterprises to locate in Meridian. 2. It is the policy of the City of Meridian to set aside areas where commercial and industrial interest and activities are to dominate. 4. Positive programs should be undertaken to support existing industrial and commercial areas to insure their continued vitality, such as: c. Zoning changes to assure desired economic development. AMBROSE, FITZG ERALD d CROOKSTON Atlornaya and Counaelora F.O. Boa 64] Marltllan, hallo B38a2 Telephone BBB-IMl 7. The.property is connected to sewer and water. 8. That the City Engineer submitted comments which are incorporated herein as if set forth in full. 9. That the Ada County Highway District submitted requirements which are incorporated herein as if set forth in full. 10. There were comments at the public hearing but they were more in form of questions than an objection to the application. 11. That the proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been given and followed. CONCLUSIONS 1. The City of Meridian has the authority to grant Zoning amendments and rezones pursuant to Title 67, Chapter 65, Idaho Code, and pursuant to 11-2-416 of the Revised and Compiled Ordinances of the City of Meridian. 2. That upon rezone, the City of Meridian has authority to place conditions upon the zoning amendment. 3. That 11-2-416(A) 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 zoning amendments; 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 specifically concludes as follows: (a) The new zoning would be harmonious with and in accordance with the Comprehensive Plan and no Comprehensive Plan Amendment is required. (b) The area was not previously scheduled for a rezone but is designated to be commercial in in the future. (c) The area included in the zoning amendment is intended to be developed in the future in the fashion that would be allowed under the new zoning of Community Commercial (C-C). (d) There has been a change in the area in that other properties in the area have been similarly re-zoned. AMBROBE, FIT2G ERALD BCROOKSTON Atlorneya end Couneelon P.O. Boz l2] MerlElsn, IONo &i8'Y TeleP~one BBBN61 (e) The Applicant made representations that the area would be designed and constructed to be harmonious with the surrounding area. (f) The uses would not be hazardous or disturbing to existing or future neighborhood uses. (g) The area would be adequately served by public facilities and services as those are already available and in place on the property. (h) The possible proposed uses would not create excessive additional requirements of public costs for public facilities and services and would not be detrimental to the economic welfare of the community. (i) The proposed use will not involve any detrimental activity to any person's property or the general welfare. (j) Development should not cause a significant increase in vehicular traffic and should not interfere with surrounding traffic patterns. (k) That this rezone would not result in the destruction, loss or damage of any natural or scenic feature of major importance. (1) The proposed zoning amendment is in the best interest of the City of Meridian. 4. That the requirements and comments of the City Engineer and other governmental agencies are reasonable and should be a condition of the rezone and met by the Applicant, provided, however, the requirements of ACRD shall not be required to be met until the property is re-developed. 5. That the property and Applicant shall be required to meet all City Ordinances. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS AMBROSE, FITZG ERALD S CROONSTON Attorneys antl CovnNlora P.O. Bo. l2] Marltllen, ItlNa Q'Ma2 Telaptlone BB&a~e1 The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL: Commissioner Alidjani Voted_; ~re"_ Commissioner Johnson VotedA~bstained Commissioner Shearer Voted her Commissioner C'oie /3~1i~'fr~~- Voted e Chairman Morrow (Tie Breaker) Voted DECISION AND RECOMMENDATION AM BROSE, FIT2GERALD &CROOKSTON Almrneya an0 Counaelora P.O. Box 11l Marltllan, ItlahO 83812 TBIaP110M 88&1181 The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the application for rezone of the property to Community Commercial as requested in the application, upon the condition that all other City Ordinances are complied with and the comments and requirements of the City Engineer and other governmental agencies are met as set forth in the Conclusions. MOTION: APPROVED: ~~ DISAPPROVED: