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