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1987 09-08171 ITEM: A G E N D A MERIDIAN PLANNING & ZONING SEPTEMBER 8, 1987 9 MINUTES OF THE PREVIOUS MEETING HELD AUGUST 11, 1987 (APPROVED) 1: PUBLIC HEARING: REZONE REQUEST BY FRED FENDER: (APPROVED) 2: PUBLIC HEARING: AMENDMENTS TO THE ZONING & DEVELOPMENT ORDINANCE: (APPROVED) 0 0 MERIDIAN PLANNING & ZONING SEPTEMBER 8, 1987 Regular Meeting of the Meridian Planning & Zoning Commission called to order by Chairman Walt Morrow at 7:30 p.m.: Members Present: Moe Alidjani, Jim Johnson, Tom Cole: Members Absent: Jim Shearer: Others Present: Fred Fender, Steve Wherry, Wayne Crookston, Mr. & Mrs. Grosso: The Motion was made by Alidjani and seconded by Johnson to approve the minutes of the previous meeting held August 11, 1987 as written: Motion Carried: All Yea: Item #1: Public Hearing: Rezone Request by Fred Fender: Chairman Morrow: Is there someone in the audience to represent this request? Fred Fender,1147 East Willowbrook:Fender was sworn by the City Attorney: Fender: I am considering purchasing the property at 1001 Meridian Street the location of the First Curch of Christ that burned down and am asking for a rezone from R-4 to Limited Office for the purpose of building a new doctors office: There probably would not be over two physicians at this location. I feel there would be room for the required parking. The building has not been designed as yet. Chairman Morrow: Any Questions of the Commission? Alidjani: Do you have any problems with the recommendations of ACHD and the City Engineer? Fender: I have no problems with their recommendations. Cole: That portion of State Street along the South boundry of the property was vacated? Fender: Yes, the School District had that vacated so half of that Street now belongs to this property. Chairman Morrow: Are there any other questions of the Commission? There was no response, I will now open the Public Hearing, is there anyone in the audience who wishes to testify on this application? There was no response, the Public Hearing was closed. The City Attorney has prepared preliminary findings on this application, what is the Commissions desire? The Motion was made by Cole and seconded by Alidjani that the Meridian Planning & Zoning Commission hereby adopts and approves the Findings of Fact and Conclusions as prepared on this application: Motion Carried: Roll Call Vote: Alidjani, Yea: Johnson, Yea: Cole, Yea: Morrow, Yea: MERIDIAN PLANN# & ZONING • SEPTEMBER 8, 1 PAGE # 2 The Motion was made by Cole and seconded by Alidjani that the Meridian Planning & Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the application for the rezone of the property to Limited Office as requested in the application, upon the condition that all City Ordinances are complied with and the comments and requirements of the City Engineer and other governmental agencies are met: Motion Carried: All Yea: Item #2: Public Hearing: Amendments to the Zoning & Development Ordinance: Chairman Morrow: These are the amendments that were discussed at the August 11, 1987 meeting, are there any questions of the Commission? There was no response. I will now open the Public Hearing, is there anyone in the aud- ience who wishes to testify on these amendments? There was no response, the Public Hearing was closed. Commission Members you have preliminary findings on these amendments are there any questions or comments? The Motion was made by Alidjani and sconded by Cole that the Meridian Plan- ning and Zoning Commission hereby adopts and approvelthe Findings of Fact and Conclusions as prepared on this application: Motion Carried: Roll Call Vote: Alidjani, Yea: Johnson, Yea: Cole, Yea: Morrow, Yea: The Motion was made by Aldjani and seconded by Johnson that the Meridian Planning & Zoning Commission hereby recommends to the City Council that the Planning & Zoning Commission's proposed Amendments to the Zoning and Development Ordinances should be approved and adopted: Motion Carried: All Yea: Other Business: Chairman Morrow; One thing we did not incorporate into the amendments was having to do with temporary signs. Morrow advised what other cities in the areD were doing as far as these type of signs, different permit fees, time allowed and etc. There was quite a bit of discussion on this item and it was the concensus of the Commission that additional invest- igation needed to be done on this item. It was also brouca t to the attent- ion of the Commission under 2-415 D of the present Zoning & Development Ordinance a fee could be charged for these signs as long as they were permitted: Chairman Morrow: This will be Mr. Coles last meeting as he has accepted a transfer to Idaho Falls and I want to personally thank him for the efforts he has put forth on the Planning & Zoning Commission; Being no further business to come before the Commission the Motion was made by COLE and seconded by Alidjani to adjourn at 8:00 p.m.: Motion Carried: All Yea: MERIDIAN P & SEPTEMBER 8, 19 PAGE # 3 (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: Z6 L -1 - WALT MORROW, CHAIRMAN ATTEST: Japk Niemai}h, City Mayor & Council P & Z Members Atty, Eng, Fire Police, Ward, Stuart, Mitich. Hallett, Valley News, Statesman Kiebert, ACHD, NIMD, CDH, ACC, Settlers Irrg. File (2) Mail (1) B AMBROSE, FITZGERALD d CROOKSTON Attorneys and Counaelorn P.O. Bot 427 Meridian, Idaho 83842 Telephone 8884481 0 0 BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION DR. FRED W. FENDER REQUEST FOR REZONE 1001 MERIDIAN STREET MERIDIAN, IDAHO PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing September 8, 1987 at the hour of 7:30 o'clock p.m., the Petitioner 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 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 1001 Meridian Street, Meridian, Ada County, Idaho. 2. That the property is presently zoned R-4, Residential, and previously had a church located thereon which burned and was removed; the property is now a vacant lot; that the property surrounding the subject property is similarly zoned and is AMBROSE, FITZGERALD &CROOKSTON Allomays and Coun"lom P.O. Boz 427 Maddlan, IdMo S.i842 TalaPllona 808401 0 0 either in OLD TOWN or is developed as R-4 Residential; there is some intermittent development of Limited Office property along Meridian Street. 3. That the Applicant's proposal is to change the zone from R-4 to L -O, Limited Office so applicant's property will be so zoned and to eventually use the property in an office fashion for a doctor's office; no immediate office use is intended for this property. 4. The requested Limited office zone is described in the Zoning Ordinance as follows: (L -O) Limited office District: The purpose of the (L -O) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The L -O District is designed to act as a buffer between other more intense non-residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal Water and Sewer System of the City of Meridian is a requirement of this district. 5. The Comprehensive Plan contains Economic Policies on 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. 0 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. 9. Office uses can be, but may not necessarily be, integrated within neighborhood, community, regional shopping centers and Old Town. 6. The property is connected to sewer and water. 7. That the City Engineer submitted comments which are incorporated herein as if set forth in full. 8. That the Nampa and Meridian Irrigation District had 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. That the Central District Health Department submitted comments which are incorporated herein as if set forth in full. 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. AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Bos 427 Meddler, Idaho 83842 TBIeP110ne 855//81 AMBROSE, FITZGERALD &CROOKSTON Attorneye erd Couneelorn P.O. Box 427 Meridian, Idaho 83842 Telephone 8884481 0 0 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 concluded 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 probably going to be commercial 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 Limited Office (L -O). (d) There has not been a change in the area. (e) The Applicant made representations that the area would be designed and constructed to be harmonious with the surrounding area. 0 (f) A proposed use was mentioned, that being doctor offices and, therefore, it is known that 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 uses 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. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. AMBROSE, FITZGERALD &CROOKSTON Attomeya and Counselors P.O. Box 427 Meddlan, Idalto &1842 Telwllone 8884481 0 ROLL CALL: Commissioner Alidjani Voted U Commissioner Johnson Voted Lee q Commissioner Shearer Voted Commissioner Cole Voted Chairman Morrow (Tie Breaker) Voted DECISION AND RECOMMENDATION 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 Limited Office as requested in the application, upon the condition that all City Ordinances are complied with and the comments and requirements of the City Engineer and other governmental agencies are met. MOTION: APPROVED:_ DISAPPROVED: AMBROSE, FITZGERALD A CROOKSTON Attorneys and Counselors P.O. Bos 121 Meridien, Idaho &1642 Telephone aBB146/ AMBROSE, FITZGERALD BCROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 888-4461 • • NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at 7:30 o'clock p.m. on September 8, 1987, at the Meridian City Hall, 728 Meridian Street, Meridian, Idaho for the purpose of considering the following amendments to the Zoning and Development Ordinances: 1. Changing the Conditional Use procedures of Section 11-2-418 as they pertain to original applications regarding land in OLD TOWN to eliminate the requirement to have 75% of the land owners within 300 feet sign the petition and to have only one public hearing before the Planning and Zoning Commission. 2. Changing the Conditional Use requirements of Section 11-2-418 as they pertain to applications regarding 1,and in OLD TOWN to allow transfers of conditional use permits for like -to -like uses and from owner to owner or occupant to occupant by petitioning the Zoning Administrator and if the Zoning Administrator has a question as to whether a transfer should be made he _,can refer it to the City Council but no public hearing shall be held.. 3. Changing the Conditional Use requirements of Section 11-2-418 as they pertain to all zoning districts other than OLD TOWN to allow a transfer of conditional use permits by application to the City Council, the City Council holding one public hearing after notice to property owners within 300 feet of the external boundaries of the property by certified mailing. 4. By adding to the Conditional Use Application requirements of Section 11-2-418 by requiring the Applicant to state whether or not the proposed use is a violation of any subdivision or land covenants and restrictions or deed restrictions. 5. By removing from Section 11-2-410A, Zoning Schedule of Bulk and Coverage Controls, the Maximum Lot Coverages in all residential zones and to allow the set back requirements to govern the amount of lot that may be covered in all residential zones. 6. By changing the Variance Procedures and Guidelines, • r ection 11-2-419, to remove the language that variances "shall of be granted on the grounds of convenience or profit," but to ake convenience or profit a consideration in determining whether variance should be granted. Any and all interested persons may testify and the public is lcome. DATED thi s4LL4day of August, 1987. AMBROSE, FITZGERALD 8 CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 888.4481 AMBROSE, FITZGERALD ACROOKSTON Attorneys and Counselors R.O. Box 427 Meddlen, Idaho 931142 Telephone US -4461 0 PLANNING AND ZONING COMMISSION'S APPLICATION TO AMEND THE MERIDIAN ZONING ORDINANCE 0 The Meridian Planning and Zoning Commission hereby proposes to itself and to the Meridian City Council that the Meridian Zoning Ordinance be amended in the following particulars: 1. That Section 11-2-418 B. CONTENTS OF CONDITIONAL USE APPLICATION, be amended to change subsection 12 thereof to read as follows: "12. A petition signed by three-fourths (3/4) or seventy-five percent (758) of all those persons owning property within said three hundred (300) feet approving of the Conditional Use, and a petition signed by one hundred percent (1008) of all landowners within the area being considered showing their approval of the proposed Conditional Use; provided however, that conditional use application land in the OLD TOWN District the application does not need to include a petition signed by 75% of the owners owning land within 300 feet of the subject property." 2. That Section 11-2-418 B be amended to add to that section a subsection 15, which would read as follows: "15. A statement that the proposed use does or does not violate any subdivision covenants or restrictions or deed restrictions." 3. That Section 11-2-418 E, PROCEDURE FOR HEARING AND NOTICE, be amended to read as follows: "E. Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Section 2-416, Zoning Amendment Procedures, of this Ordinance. Provided however, that Conditional Use applications for land in OLD TOWN District shall only be required to AMBROSE. FITZGERALD SCROOKSTON Atlomeys and Counaelom P.O. Box 427 MBNdlen, Id Wo 83642 Tolephq 8884481 0 have one public hearing which shall be held before the Planning and Zoning Commission and after the recom- mendation of the Commission is made the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 4. That Section 11-2-418 be amended by the addition of a new subsection J which would read as follows: J. TRANSFERS: a. OLD TOWN --Conditional Use Permits for land in OLD TOWN may be transferred from old owners to new owners or from old occupants to new occupants or from like to like uses by petitioning the Zoning Administrator for approval. The Zoning Administrator may approve or deny the transfer or refer it to the City Council for decision but no public hearing shall be held. Appeals may be taken from the Zoning Administrator to the Council. b. NON -OLD TOWN --Conditional Use Permits for land in any other district other than OLD TOWN may be transferred from old owners to new owners or old occupants to new occupants for the same use for which the original conditional use was granted by petitioning the City Council. The City Council shall hold a public hearing on the petition after notice of said hearing having been mailed by certified mail to all property owners within the subject land and to all property owners within 300 feet of the external boundaries of the subject land. 5. That Section 11-2-410, ZONING SCHEDULE OF BULK AND COVERAGE CONTROLS, be amended to delete the maximum lot coverage for all residential zones and to delete the footnote to said section which allows garage area not to be included in the computation for maximum lot coverage in residential zones. 6. That Section 11-2-419 A be amended to read as follows: The Council may authorize in specific cases a variance from the terms of this Ordinance or from the Subdivision and Development Ordinances as will not be 0 0 contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Ordinance would result in unnecessary hardship. No non -conforming use of neighboring lands, structures or buildings in the same district and no permitted or non -conforming use of lands, structures or buildings in other districts shall be considered grounds for issuance of a variance. Variances shall be granted only where strict application of the provisions of this Ordinance would result in unnecessary hardship. A variance application does not go to the Commission unless directed by the Council. 7. That Section 11-2-419 B, APPLICATION AND STANDARDS FOR VARIANCES, be amended by the addition thereto of a new subsection to be known as 23 which shall read as follows: 23. A statement of how the granting of the variance would convenience the applicant and how the applicant would profit therefrom which statement shall also represent whether profit and convenience is the sole reason why the variance is requested. DATED this 6_::�l day of September, 1987. W It Morrow Chairman, Planning & Zoning Commission AMBROSE, FITZGERALD h CROOKSTON Attomeye end Couneeiom F.O. So. 427 Meridien, Meho 831142 Telephone888401 BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION PLANNING AND ZONING COMMISSION'S APPLICATION TO AMEND MERIDIAN ZONING ORDINANCE AND THE DEVELOPMENT ORDINANCE I PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS The above entitled application to amend the Meridian Zoning I, and Development Ordinance having come on for public hearing on I September 8, 1987 and the Planning and Zoning Commission having 'I heard any and all testimony 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 1. That notice of the public hearing on the application I was published for two (2) consecutive weeks prior to the said public hearing scheduled for September 8, 1987, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the September 8, 1987 hearing and was duly considered by the Planning and Zoning Commission; that copies of all notices were available to newspapers, and radio and television stations. AMBROSE. 2. That the proposed amendments are as set forth in the FITZGERALD acaooKsroN Application which is incorporated herein by this reference as if Attorney. and P.O. Box 42] Meridien, Idaho 808.2 Telephone8864481 l 0 set forth in full hereat. That the general reasons and purposes for amending the zoning and Development Ordinance are to reduce the time and difficulty for applicants to obtain a conditional use permit and to allow transfers on such permits in certain zones; to allow in conditional use applications consideration of the covenants and restrictions, if any, that apply to the parcel; to remove the maximum lot coverage in residential zones; and to remove restrictive language in the variance procedures. 3. That the amendments have been proposed by the Commission itself. 4. That there has been objection to the length of time it takes to obtain a conditional use permit and to the fact that such permits are not transferable even when the uses are the same or similar. 5. That there has recently been a problem in the application of the maximum lot coverage in a residential zone which appears to make the existing requirement of 358 unworkable. 6. That the existing requirement that a variance not be granted for convenience or profit is not realistic as those factors will almost always be a part of a variance request. AMBROSE, FITZGERALD &CROOKSTON Attorneys and Coomelore P.O. Bos 427 Meridian, Idaho 83842 Telephone 5084461 AMBROSE, FITZGERALD S CROOKSTON Almrneysana Counselors P.O. Box 427 Merlalan, Idaho 89812 Telephone 8884481 0 0 CONCLUSIONS 1. That the City has authority to amend its Zoning and Development Ordinances pursuant to Title 67, Chapter 65, Idaho Code, specifically Section 67-6511, Idaho Code, and Section 11- 2-416 of the Zoning Ordinance and Section 11-9-614 of the Development 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 since the proposed amendments are proposed by the Commission, the technical requirements for an amendment application may be waived, and are hereby waived. 4. 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. 5. That the Commission may take judicial notice of governmental statutes, ordinances and policies, and of actual conditions existing within the City, County, and State. 6. That the City has authority to establish standards for development pursuant to its own ordinances and pursuant to Section 67-6518, Idaho Code. AMBROSE, FITZGERALD 0 ACounselorsltomeYaeM P.O. Boa 127 erlCisn, IEMo &W2 0 0 7. That it is desirable to change the conditional use requirements to allow freer use of property and to reduce the time requirements so that economic change and development can occur in a timely fashion. 8. That it is reasonable to have different conditional use requirements between original application and changes in uses or transfers for existing conditional uses. 9. That it is reasonable to have different requirements for conditional uses in different zones, as it is felt stricter requirements must be maintained and observed in residential areas to protect the quality of home and family life and surroundings. 10. That it is concluded that in residential areas the set back ordinance requirements are sufficient to protect fire and emergency access to residents to allow sufficient space for family out -door use and recreation on the residential lot. 11. That it is concluded that the existing restriction of not granting variances where convenience or profit is involved is not realistic as those will likely be involved in all applications; that such items should, however, be a consideration in granting variance for if that is the sole reason for a variance it may not be appropriate to grant the variance. 0 12. That it is finally concluded that the proposed amendments are in the best interests of the City and its residents. 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 Cole Chairman Morrow (Tie Breaker) RECOMMENDATION Voted Voted :ie a - Voted A j Voted Voted `lei - The Meridian Planning and Zoning Commission hereby recommends to the City Council that the Planning and Zoning Commission's proposed Amendments to the Zoning and Development Ordinances should be approved and adopted. APPROVED_ DISAPPROVED AMBROSE, FITZGERALD S CROOKSTON Attomeysane Counselors P.O. Box 427 Merlolen, ICWo 83612 TSISPI one 888-4461