1987 07-14• •
A G E N D A
MERIDIAN PLANNING & ZONING
JULY 14, 1987
ITEM:
MINUTES OF THE PREVIOUS MEETING HELD JUNE 9, 1987: (APPROVED)
1. FINDINGS OF FACT & CONCLUSIONS OF LAW ON BONNIE KELSO REZONE :(APPROVED)
2. FINDINGS OF FACT AND CONCLUSIONS OF LAW ON DKDG REZONE: (APPROVED)
3. FINDINGS OF FACT & CONCLUSIONS OF LAW ON ALLISON ANNEXATION &
ZONING: (APPROVED)
4. FINDINGS OF FACT & CONCLUSIONS OF LAW ON BUTTERFIELD, SPENCER,
HARTWELL & SHEARER REZONE: (APPROVED)
5. PUBLIC HEARING: CONDITIONAL USE PERMIT FOR(FINDIN G DIAP OVEiJORS:
6: REVIEW REZONE REQUEST FOR V. L. HOLLADAY THROUGH ADA COUNTY:
(NO OBJECTIONS)
7: REVIEW REZONE REQUEST FOR PAUL & SHIRLEY MCKAGUE: ADA COUNTY:
(NO OBJECTIONS)
MERIDIAN PLANNING & ZONING _ JULY 14, 1987
Regular Meeting of the Meridian Planning & Zoning Commission called to
order by Chairman Walt Morrow at 7:30 p.m.:
Members Present: Jim Johnson, Jim Shearer, Tom Cole:
Members Absent: tdoe Alidjani:
Others Present: Terry & Nancy Fairchild, Betty Hagler, V.L. Holiday &
Hilda Holiday, Rich Allison, Betty Raynor, Paul & Shirley A4cKague,
Bill Nary,
The Motion Was made by Shearer and seconded by Cole to approve the
minutes of the previous meeting held June 9, 1987 as written:
Motion Carried: All Yea:
Item #1:Findings of Fact & Conclusions of Law on Bonnie Kelso Rezone:
Chairman Morrow: Is there any discussion or comments from the Commission?
There was no comments.
The Motion was made by Johnson and seconded by Shearer that the Meridian
Planning & Zoning Commission hereby adopts and approves the Findings of
Fact & Conclusions as prepared by the City Attorney on the Bonnie I:elso
Rezone Request.
Roll Call Vote: Johnson, Yea: Shearer, Yea: Cole, Yea; Morrow, Yea:
The Motion was made by Johnson and seconded by Shearer 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 prop-
erty 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 are met.
Motion Carried: All Yea:
Item #2: Findings of Fact & Conclusions of Law on DKDG Rezone:
Chairman Morrow: Are there any questions or comments of the Commission?
There was no response.
The Motion was made by Shearer and seconded by Johnson that the Meridian
Planning & Zoning Commission hereby adopts and approves the Findings of
Fact & Conclusions as prepared by the City Attorney on the DKDG Rezone.
Roll Call Vote: Johnson, Yea: Shearer, Yea: Cole, Yea: Morrow, Yea:
The Motion was made by Shearer and seconded by Cole that the Meridian
Planning & Zoning Commission of the City of Meridian hereby recommends
approval of the application subject to the Ordinances of the City of
Meridian and the conditions and requirements of the Ada County Highway
District, with the exception of Item #3, the Nampa Meridian Irrigation
District and the City Engineer, It is further recommended that the App-
licant be required to give assurance that the easements for utilities
MERIDIAN P & Z• •
JULY 14, 1987
PAGE #2
and drainage are maintained or granted as questioned in the City Engineer's
comments. It is further recommended that the Applicant grant a deed
restriction that only single-family dwellings may be constructed on the
involved lots.
Motion Carried: All Yea:
Item #3: Findings of Fact & Conclusion on Allison Annexation & Zoning
Request.
Chairman Morrow: Are there any comments or questions of the Commission?
There was no response.
The Motion was made by Cole and seconded by Shearer that the Meridian
P1~ nning & Zoning Commission hereby adopts and approves the Findings
of Fact & Conclusions as prepared by the City Attorney on the Allision
Request for Annexation & Zoning.
Roll Call Vote: Cole, Yea: Shearer, Yea; Johnson, Yea: Morrow, Yea:
The Motion was made by Cole and seconded by Shearer that it is hereby
recommended to the City Council that the property should be conditionally
annexed and zoned as requested with the conditions stated in the Findings
of Fact & Conclusions.
Motion Carried: All Yea:
Item #4: Findings of fact & Conclusions on Butterfield, Spencer, Shearer
and Hartwell Rezone Request:
Chairman Morrow: I would ask Mr. Shearer to abstain. voting or commenting
on this issue, are there any comments or questions of the Commission on
this issue? There were none.
Commissioner Shearer: I will abstain from any voting or comments on this
item:
The Motion was made by Johnson and seconded by Cole that the Meridian
Planning and Zoning Commission hereby adopts and approves the Findings
of Fact & Conclusions as prepared by the City Attorney on this request.
Roll Call Vote: Johnson, Yea: Cole, Yea: Morrow, Yea: Shearer, Abstained:
The Motion was made by Johnson and seconded by Cole 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
property to Community Commercial as requested in the application upon
the condition that all City Ordinances are complied with and the
comments and requirements of the City Engineer are met and the require-
ments of Ada County Highway District are met with the exception of
Standard requirement #4:
Motion Carried: All Yea:
MERIDIAN P & Z• •
JULY 14, 1987
PAGE # 3
Item # 5: Public Hearing: Conditional Use Permit for Terry Fairchild dba
Engine Distributors:
Chairman Morrow: Is there someone in the audience to represent this
request?
Betty Raynor, 4011 Garnett Street, Boise, Idaho, Raynor was sworn by
Commissioner Johnson:
Raynor, Mr. Fairchild wishes to move his business located at 11777
Fairview Ave to the location requested in the application, he has
been at the Fairview location for approximately three and one-half
year, we have reviewed the comments and recommendations by the various
department and have no problems with any of these. We procurred more
than the required 75~ of the signatures of the surrounding property
owners. This location was previously used in a similiar type business.
Chairman Morrow: Are there any questions of the Commission Members?
Johnson: Did you get any objections from any of the property owners?
Raynor: I had one person who questioned, that question was installing
screening and not having an unsightly operation. Mr. Fairchild does have
in his plans that he submitted with his application a six foot fence
with screening for the back portion of the lot. The front portion will
be spruced up, there will be some planting put in. and at a later date
some addition built on the property.
Cole: Will there be any vehicles left outside or any parts left outside
the fenced area?
Raynor: No there will not everything will be kept in the screened area.
Chairman Morrow: If there are no other questions of the Commission, we
will now open the Public Hearing, is there anyone in the audience who
wishes to testify on this request? There was no response.
City Clerk: Mr. Chairman before the Public Hearing is closed the written
testimony from Jean Laing, 44 E. Franklin Road needs to be entered into
the record.
Chairman Dlorrow: Let the record show that the written testimony from
Jean Laing. is entered as testimony. Being no further testimony the
Public Hearing is closed. Commission Members we have Preliminary Findings
on this request, What is your decision?
The Motion was made by Cole and seconded by Shearer that the Meridian
Planning and Zoning Commission hereby adopts and approves the Findings
of Fact and Conclusions as prepared by the City Attorney:
Roll Call Vote: Johnson, Yea: Shearer, Yea; Cole, Yea: Morrow, Yea:
It was the concensus of the Commission that the screening of the property
be included in the recommendation.
MERIDIAN P & Z • •
JULY 14, 1987
PAGE # 4
The Motion was made by Johnson and seconded by Cole that the Meridian
Planning & Zoning Commission hereby recommends to the City Council of
the City of Meridian that they approve the Conditional Use Permit re-
quested by the Applicant for the property described in the Application
with the condition that the necessary screening be installed so as to
not create a unsightly operation.
Motion Carried: All Yea:
Item # 6: Review Rezone Request for V. L. Holladay:
Chairman Morrow: Mr. Holladay would you come forward and explain to the
Commission what you want to accomplish:
Holladay: Ada County Development Services needs a letter from the Meridian
Planning & Zoning Commission that they do not object to the splitting of
my property and I need to add 10 feet to the parcel from the other
property I own to have the necessary acreage for the split. I wish to
sell off the two acres and have it zoned R-l: This would allow me to
legally split the property under the Ordinances of Ada County.
The Motion was made by Johnson and seconded by Cole that the Zoning
Adminstrator write a letter to Ada County Development Services that
the Meridian Planning & Zoning Commission has no objections to the
request by V. L. Holladay to increase the size of the parcel by the
ten feet so the property can be legally split.
Motion Carried; All Yea:
Item #7: Zone Change Request by Paul & Shirley McKague:
Chairman Morrow: Mr. McKague would you come forward and advise the
Commission what your request is.
McKague: We are requesting a letter from the Planning & Zoning to Ada
County for a rezone, we wish to rezone from a rural residential to an
agriculture zone. We have six acres in our parcel.
There were no questions of the Commission.
The Motion was made by Cole and seconded by Johnson that the Zoning
Adminstrator write a letter to Ada County Development Services that
the Meridian Planning & Zoning Commission has no objections to the
rezone request of Paul & Shirley McKague.
Motion Carried: All Yea:
Other Business:
Chairman Morrow: The Commission is aware of the request that was made
before the City Council in regards to lot coverage in a residential
area and I believe the Commission needs to discuss this matter. We
have the setback requirements and wonder if we also need lot coverage.
There was discussion on this item.
MERIDIAN P & Z• •
JULY 14, 1987
PAGE # 5
It was the consensus of the Commission that the Zoning & Development
Ordinance needs amended to remove the coverage controls or at least
increased as long as the setbacks are met. This as well as any other
items which come up before the next meeting will be discussed and
an amendment to the Zoning & Development Ordinance started.
Being no further business to come before the Commission the Motion was
made by Cole and seconded by Shearer to adjourn at 8:0o p.m.:
Motion Carried: All Yea:
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
CHAIRMAN
T:
Mayor 5G/Council
P & Z -Commission
Atty, Eng, Fire
Police, Ward, Stuart
Mitich, Hallett, Kiebert
Valley News, Statesman
ACHD, NIMD, CDH, ACC
Settlers Irrigation
File: (7)
Mail: (7)
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BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
BONNIE KELSO
REQUEST FOR REZONE
1403 EAST FIRST STREET
MERIDIAN, IDAHO
PRELIMINARY
AMBROSE,
FITZGERALD
d CROOKSTON
Atlarm,s aM
Counsabn
P.O. Box /R7
M.nm.~, land
BsB~z
T~IpiaM MBJMt
FINDINGS OF FACT AND CONCLUSIONS
The above entitled matter having come on for public hearing
June 9, 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 1403 East First Street,
Meridian, Ada County, Idaho.
2. That the property is located in OLD TOWN Neighborhood
as designated on the Policy Diagram on page 7 of the Meridian
Comprehensive Plan.
3. That North 33 feet of the property is alzeady zoned
Community Commercial and the balance of the property is presently
i
zoned R-15 Residential and is developed as such; that the
property surrounding the subject property is similarly zoned and
developed; that the Meridian Building, an office building is
across the East First Street; there is intermittent development
of Commercial and Limited Office property along East First.
4. That the Applicant's proposal is to change the zones
from R-15 to Community Commercial so all of the Applicant's
property will be so zoned and to use the property as an antique
shop.
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.
AM BROSE,
F~TZGERALD
d CROOKSTON
ABOmsyt ono
Coun,elors
P.O. Box X21
MNWIYi, IONO
878/2
TNpIgM886M61
6. 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.
F=. ae-~~._..
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, commuity, regional
shopping centers and Old Town.
7. The property is connected to sewer and water.
S. That the City Engineer submitted comments which are
incorporated herein as if set forth in full and the Applicant had
no objection to those comments or requirements.
9. That the Nampa and Meridian Irrigation District had no
objection to the Application.
10. That the Ada County Highway District submitted no
requirements.
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.
12. There was no comment submitted at the public hearing.
CONCLUSIONS
1. The City of Meridian has the authority to grant Zoning
AMBROSE,
FITZGERALD
6CROOKSTON
AXOm~ye nA
COUMPIOn
P.O. BO. X27
MMMI~n, IUWio
C9MR
T~Mggns 86M87
amendments and rezones pursuant to Title 67, Chapter 65, Idaho
Code, and pursuant to 11-2-416 of the Revised and Compiled
.~.'w t,:-..
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.
AMBROSE,
FIROERALD
6CROOKSTON
Attorneys a~ul
Counsebrs
P.O. ~. e2T
MerIONn, IENo
NM2
TeMpleme WNBt
(c) The area included in the zoning amendment is
intended to be developed 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, many commercial
uses, which tends to dictate that the area may lend
itself to be rezoned.
(e) The Applicant has represented that the area would
be designed and constructed to be harmonious with
the surrounding area.
(f) The proposed use 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 proposed use 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) The 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 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 Zoninq Commission hereby adopts
and approves these Findings of Faet and Conclusions.
ROLL CALL:
Commissioner Alidjani Voted
Commissioner Johnson Voted yew
Commissioner Shearer Voted
Commissioner Cole Voted
Chairman Morrow (Tie Breaker) Votedh C~?-
DECISION AND RECOMMENDATION
AMBROBE,
FITZGERALG
bCROOKBTON
Attorneys mE
CounaMOn
P.O. Boz 1Y7
MHWNn,IOeKo
69M2
TsNpNOne el6~M1
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 are met.
MOTION:
APPROVED
DISAPPROVED•
a
•.
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
D.K.D.G. PROPERTIES
REQUEST FOR REZONE AND VACATION OF PEDESTRIAN AND ACCESS
EASEMENTS
MERIDIAN, IDAHO
~MSRDSE,
FITZUER~LD
6 CROOKSTON
11tlorMy! uq
DounMk1n
F.U. Boz 147
MNIEIN, IG110
B0M2
TNIpIgIN!l61M1
FINDINGS OF FACT AND CONCLUSIONS
The above entitled matter having come on for public hearing
June 9, 1987, at the hour of 7:30 o'clock p.m., the Petitioners
appearing by and through Don Hubble and the Planning and Zoning
Commission of the City of Meridian having duly considered the
evidence in the matters, makes the following findings of facts
and conclusions:
FINDINGS OF FACT
1. That the property is located within the City of
Meridian and is described as Lots 4,5,6, & 7, Blk 1, and Lots
4,5,6, & 7, Blk 2, Settlers Village Subdivision, Meridian, Ada
County, Idaho.
2. That the property is located in the North Curve
Neighborhood as designated on the Policy Diagram on page 7 of the
Meridian Comprehensive Plan.
3. That the property is presently zoned General Retail
and Service Commercial (C-G) and is undeveloped; that the
property to the north is zoned Residential R-8, but has been
developed as R-4, Residential; that the property to the south is
zoned General Retail and Service Commercial (C-G); the property
to the west is not in the City, the property to the east, Doris
Subdivision is not in the City and is zoned R-8 but is developed
as R-4 or less.
4. That the Applicant's proposal is to change the zones
from C-G to R-8, which allows duplexes but the Applicant
indicated in its application and testimony that single family
dwellings would be constructed thereon.
5. The Applicant also seeks to vacate the twenty foot
wide access easement on the west end of Lots 4,5,6, and 7, Block
1 and the twenty foot wide access easement on the east end of
Lots 4,5,6, and 7, Block 2, and the fifteen foot walkway easement
on the north sides of Lot 7, Block 1, and Lot 7, Block 2; the
Applicant desires the utility and drainage easements which are
located at the same locations to remain and not be vacated. At
the hearing the Applicant withdrew the request to vacate the
fifteen foot walkway easement on the north side of Lot 7, Block
1.
6. The property is divided by Jericho Street which is
AMBROSE,
FITZG ERALD
6 CROOKSTON
AHOnwys uM
Counaelora
P.O. BOx /21
MwWMn, l0eho
87814
T~MPNaIN BBNM1
designated as a collector street in the Comprehensive Plan at
page 32A; part of the property is near a small park which is
located in the residentially developed portion of Settler Village
Subdivision.
7. The requested R-8 zone is described in the Zoning
Ordinance as follows:
R-8) MEDIUM DENSITY RESIDENTIAL DISTRICT: The purpose of
the (R-8) District is to permit the establishment of
single and two (2) family dwellings at a density not
exceeding eight (8) dwelling units per acre. This district
delineates those areas where such development has or is
likely to occur in accord with the Comprehensive Plan of
the City and is also designed to permit the conversion of
large homes into two (2) family dwellings in well-
established neighborhoods of comparable land use. Con-
nection to the Municipal Water and Sewer Systems of the
City of Meridian is required.
8. The Comprehensive Plan contains Housing Policies on
pages 26 and 27; the pertinent policies to this Application are
stated as follows:
1. The City of Meridian intends to provide for a
wide diversity of housing types (single-family,
mobile homes and multi-family arrangements) and
choices between ownership and rental dwelling units
for all income groups in a variety of locations suit-
able for residential development.
3. An open housing market for all persons,
regardless of race, sex, age, religion or ethnic
background, shall be encouraged.
12. Land development regulations should be revised
to encourage the infilling of existing vacant parcels
within the city limits.
13. infilling of random vacant lots in substantially
developed, single-family areas should be encouraged at
densities similar to surrounding development.
9. That additionally the following notations from the
AM BROSE,
FITLGERALD
dCROOKSTON
Atlom~YZ UW
DounNblz
P.O. Soz 12T
MxW1sn,ICNo
C1M7
T~MPKar!l6~Mt
Comprehensive Plan should be noted:
1. Encourage the overall balance of public and
private proposals regarding residential development
and include a variety of densities, housing types
and housing opportunities for all segments of the
planning area population.
2. It is the policy of the City of Meridian to
encourage the overall residential density of
approximately 3.5 dwelling units per acre within
the Urban Service Planning Area.
10. That there was no public comment at the hearing but
there was a letter submitted in opposition to the Applicant.
11. That the Ada County Highway District submitted
comments and requirements and such are incorporated herein as if
set forth in full.
12. That the Nampa and Meridian Irrigation District
submitted comments and requirements and such are incorporated
herein as if set forth in full.
13. That the City Engineer submitted comments and
requirements and such are incorporated herein as if set forth in
full.
14. 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.
15. That the proposed rezone area is now a vacant lot and
has never had any use located upon it.
CONCLUSIONS
1. The City of Meridian has the authority to grant Zoning
AMBROSE,
FIRGERALD
BCROOKSTON
AROmgn uM
CWIIMIOI!
P.O. BOx IZ7
MNMbl1, IONo
B3l12
T~Mp11oM M6M81
amendments and rezones pursuant to Title 67, Chapter 65, Idaho
Code, and pursuant to 11-2-416 of the Revised and Compiled
i
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.
AMSROSE,
FITLGERAID
d CROOKSTON
Allonroy~ MM
DounWa~
P.O. Boz IY7
MwWNn,WNo
LT6t4
T~NpIgM!!&MEt
(c) The area included in the zoning amendment is
intended to be developed in the fashion that
would be allowed under the new zoning of R-8.
(d) There has been no change in the area which
dictates that the area should possibly be rezoned.
(e) The Applicant has represented that the area would
be designed and constructed to be harmonious with
the surrounding area and would be developed in
single-family dwelling fashion; the Applicant did
not submit drawings or specific proposals for
development or construction; no residents testified
that development would not be in harmony with their
residential uses. It must be concluded that the
single-family development would be harmonious and
appropriate in appearance with the existing
character of the general vicinity.
(f) The proposed use would not be hazardous.
a
'.
(g) The area would be adequately served by public
facilities and services as those are already
available and in place adjacent to the property.
(h) The proposed use 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) It is not known whether the proposed use would 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. The requirements and comments submitted by the Ada
County Highway District, except item 3, are reasonable; the
requirements of the Nampa and Meridian Irrigation District are
reasonable; the comments and requirements of the City Engineer
are reasonable; the above should be conditions of approval.
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
AMBROSE,
FITZGERALD
B CROOKSTON
Attomsys uM
Counmlow
P.O. BOx t2]
MxWbn, IOaNo
R1N4
TN~pNOIN 8B6NE1
The Meridian Planning and Zoning Commission hereby adopts
and approves these Findings of Fact and Conclusions.
ROLL CALL:
Commissioner Alidjani Voted
Commissioner Johnson Voted~1
Commissioner Shearer Voted_~{~
Commissioner Cole Voted4~t'
Chairman Morrow (Tie Breaker) Vote t,~~?
DECISION AND RECOMMENDATION
AMSROSE,
F1T2GERALD
6 CROOKSTON
Attomgs and
Counwbrs
R.o.9oa 12T
MMEbn, IENo
83612
T~rgaM 866-1M1
The Planning and Zoning Commission of the City of Meridian
hereby recommends approval of the Application subject to the
Ordinances of the City of Meridian and the conditions and
requirements of the Ada County Highway District, except item 3,
the Nampa and Meridian Irrigation District and the City Engineer.
it is further recommended that the Applicant be required to give
assurance that the easements for utilities and drainage are
maintained or granted as questioned in the City Engineer's
comments. It is further recommended that the Applicant grant a
deed restriction that only single-family dwellings may be
constructed on the involved lots.
MOTION:
APPROVED : DISAPPROVED:
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
ALLISON ANNEXATION AND ZONING
FINDINGS OF FACT AND CONCLUSIONS
The above entitled annexation and zoning application having
come on for consideration on June 9, 1987, at approximately 7:30
o'clock p.m. on said date, at the Meridian City Hall, 728
Meridian 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 and
zoning use was published for two (2> consecutive weeks prior to
the said public hearing scheduled for June 9, 1987, the first
publication of which was 15 days prior to said hearing; that the
matter was duly considered at the June 9, 1987 hearing; that
copies of all notices were made available to newspaper, radio and
television stations.
2. That the property included in the Application for
AMBROSE,
FITZGERALD
d CROOKSTON
Attonnys uW
DounMlOn
P.O. Bo>t /27
MMOMn, IONo
BMIII
TN~pIwrBBHMt
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 fronts on East Pine Street and
is generally known by the address 1000 East Pine Street,
Meridian, Idaho; access to the property would be from Pine Street
•
and there would be no other access; the property on the south is
zoned Industrial, the property to the southwest is zoned R-1
Residential, the property to the west is zoned R-S Resideential, i
the property to the north R-1 Residential, and the property to
east R-1 Residential.
3. The property is presently zoned by the county as R-1
Residential and the present use is the same; the Applicant is
requesting annexation and zoning with the 110.00 feet with
frontage on East Pine Street being zoned L-O, Limited Office and
the remainder of the property being zoned R-8, Residential and
developed under that zone with duplexes. The Applicant has not
made a decision to develop as a PUD or not; there is no request
at this time to approve a subdivision plat although the Applicant
did submit possible configuration drawings.
4. That the property is adjacent and abutting to the
present City limits provided the exact legal includes the
right-of-way for Pine Street.
5. The Applicants are the owners of the property and they
have consented to the Application.
6. That the property included in the annexation and zoning
application is within the Area of Impact of the City of Meridian.
7. 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
AMBROSE, the property is in the OLD TOWN Area as designated on the Policy
F172GERALD
d OROOKSTON
AttoreMls rq
COY~NIOf1
P.O. Boz 121
MwI01Yl, IOtlio
69412
TNp11aM lB6dN1
. ~ ~
Diagram contained in the Comprehensive Plan.
8. That the Applicant, not knowing his exact development
intentions, did not submit a request for a conditional use for a
planned unit development.
9. That if the land were annexed at this time the City
would be obligated to provide, at a minimum, police and fire
protection services.
10. That the City has in the recent past conditionally
annexed and zoned property conditioned upon final platting and
commencement of construction of sewer and water and other
reasonable conditions.
11. That there was no testimony from the public objecting
to the Application.
12. That the property can be serviced with City water and
sewer.
13. That the fire department submitted no input which
indicated that two adequate fire accesses were required.
14. Ada County Highway District and the Nampa and Meridian
Irrigation District submitted comments and such are incorporated
herein as if set forth in full.
15. The City Engineer submitted comments and such are
incorporated herein as if set forth in full.
CONCLUSIONS
AMBROSE, 1. That the City has authority to. annex land pursuant to
FITZGERAID
B CROOKSTON
AHOrnsys mE
CinYn!lIOIf
P.O. Box t2y
MxIEIN, MNo
BY~2
TNrrpllMSBM~IM1
.. .M;r
AMBROSE,
FITZGERALD
6 CROOKSTON
Anom.y. no
Coon.slOn
P.O. Box.ZI
MaW1An, IGllo
B3M7
T.4PNaM BBBMBI
50-222, Idaho Code; that excerise of the City's annexation
authority is a Legislative function.
2. That the Planning and Zoning Commission has judged this
annexation and zoning application by the guidelines, standards,
criteria, and policies contained in Section 50-222, Idaho Code,
Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances,
Meridian Comprehensive Plan as amended September 3, 1985, and the
record submitted to it and things of which it can take judicial
notice.
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 including
Pine Street 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 Petitioner, 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
legislative function the City has authority to place conditions
upon the annexation of land.
8. That the following provisions of the Meridian
Comprehensive Plan are noted in relation to this Application:
a. p.8 GOALS OF THE COMPREHENSIVE PLAN
GOAL 4: "To provide housing opportunities for all
economic groups within the community."
b. p.12 POPULATION GROWTH--POLICIES
3: "Unimproved or unrealized land within
Meridian City limits and Urban Service
Planning Area should be utilized in order
to maximize public investments, curtail
urban sprawl and protect existing
agricultural lands from unnecessary
infringement."
C. p.23 HOUSING DEVELOPMENT
1: "Encourage the overall balance
and private proposals
residiential development and
variety of densities, housin
housing opportunities for all
the planning area popluation."
p.26 3. HOUSING POLICIES
of public
regarding
includes a
g types and
segments of
(1.) "The City of Meridian intends to provide
for a wide diversity of housing types
(single-family, mobile homes and
multi-family arrangements) and choices
between ownership and rental dwelling units
for all income groups in a variety of
locations suitable for residential
development."
(4.) "The development of housing for all income
groups close to employment and shopping
centers should be encouraged."
AMBROSE,
FITZGERALD
6CROOKSTON
A"om.y..~a
Coonwlon
V.O. BOZ 12]
MarMl"I, IUello
B9Nt
T~Mplloi" BMHM7
p.27 (14.) "Design and performance standards should be
applied to infilling development in order
to reduce adverse impacts upon existing
adjacent development."
(19.) "High density development, where possible,
should be located near open space corridors
or other permanent major open space and
park facilities and near major access
thoroughfares."
p.30 TRANSPORTATION
Collectors:
Pine--Ten Mile to Eagle
9. That the following provisions of the Zoning Ordiance of
the City of Meridian are noted:
a.) 11-2-408 B 2. (R-8) MEDIUM DENSITY RESIDENTIAL
DISTRICT: The purpose of the (R-8) District is
to permit the establishment of single and two
(2) family dwellings at a density not exceeding
eight (8) dwelling units per acre. This district
delineates those areas where such development has
or is likely to occur in accord with the
Comprehensive Plan of the City and is also
designed to permit the conversion of large homes
into two t2) family dwellings in well-established
neighborhoods of comparable land use. Connection
to the Municipal Water and Sewer Systems of the
City of Meridian is required.
AMBROSE,
PIrZGERALD
acROOKSroR
AHany~YM
Couns~bn
P.O. Boz fit]
MwWMn, IANo
B3M2
r~Nglaw alHMt
b.) 11-2-408 B 5. (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 in this district.
10. 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 shall be required
to connect to Meridian water and sewer lines and extend such to
the development at its own cost; that the property will be
required to be platted and will be subject to Site Planning
Review.
11. That it is concluded that the annexation would be in
the best interests of the City of Meridian if the land was going
to be immediately developed.
12. That it is concluded that the Commission should only
conditionally recommend the annexation and zoning of the
property; that these conditions should be approval of a final
Plat or PUD and commencement of construction of sewer. and water
lines; additionally the comments of the City Engineer and the
Nampa and Meridian Irrigation District must be complied with. The
comments of Ada County Highway District, except 2 and 11, should
also be met; comments 2 and 11 should be settled between the
Applicant and Ada County Highway District.
13. It is pointed out to the Applicant that while
recommendation is being made for conditional annexation and
zoning, the Commission approves of the concept. The Commission
AMBROSE,
FITZGERALD
B CROOKSTON
reserves the right and ability to impose conditions and
Attomaya an0
Counselor
P.O. Boa 127
MsrIEIM,IeNo
B2M2
Tsleplgns BBBMOI
~ P -..,... - , .. ,. sskWl.- _ , n
•
restrictions upon platting and site planning review.
14. Therefore, based on the Application, the testimony and
evidence, these Findings and Conclusions, and the Ordinances of
the City of Meridian, it is ultimately concluded that Applicant's
property should be conditionally annexed and zoned as requested;
that the conditions should be those stated above; that such
annexation would be ordezly development and reasonable if the
conditions are met.
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
AMBROSE,
FITZGEPALD
d CROOKSTON
Attomsys mE
CounNbn
P.0.8oa 127
MMEIAn, IGM
8362
T~Iplrotn tll611l1
The Meridian Planning and Zoning Commission hereby adopts
and approves these Findings of Fact and Conclusions.
ROLL CALL
Votedl/F ~
Commissioner Cole
Commissioner Shearer Voted
'
Commissioner Johnson -
Voted1E
Commissioner Alidjani Voted
~~"
Chairman Morrow (Tie Breaker) Voted~
RECOMMENDATION
it is hereby recommended to the City Council that the
property should be conditionally annexed and zoned as requested
which conditions are stated hereinabove.
MOTION:
APPROVED
DISAPPROVED•
.~;
~.
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
BUTTERFIELD, SPENCER, HARTWELL, AND SHEARER
REQUEST FOR REZONE
1320, 1326, 1332, AND 1404 EAST FIRST STREET
MERIDIAN, IDAHO
PRELIMINARY
FINDINGS OF FACT AND CONCLUSIONS
The above entitled matter having come on for public hearing
June 9, 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
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 properties are known by the addresses 1320, 1326, 1332 and
1404 East First Street, Meridian, Ada County, Idaho.
2. That the property is located in OLD TOWN Neighborhood
as designated on the Policy Diagram on page 7 of the Meridian
Comprehensive Plan.
3. That the properties are presently zoned R-15,
AMeROSE. Residential and are used as single-family dwell-n,g units of
FITZG ERALG
B CROOKSTON
Attornaya UM
Coon,slon -
P.O. ~.II7
MeflCl~n, IEMo
69M2
TM~pNOns BBlaMt
B.a GP>i
approximately 4 units to the acre; that the property surrounding
the subject property is similarly zoned and developed; that the
Meridian Building, a major office building is on the East First
Street near the properties; there is intermittent development of
Commercial and Limited Office property along East First.
4. That the Applicants' proposals are to change the zones
from R-15 to Community Commercial so all of the Applicants'
properties will be so zoned and to eventually use the properties
in a commercial fashion; only Applicant Butterfield had immediate
commercial intentions for this property.
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
AMBROSE,
FITZGERAlO
6CROOKSTON
A1laneys mE
Counplan
P.O. Box 12T
MsrlOian, IENo
83812
T~MWions 88&1.181
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 ie 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, commuity, regional
shopping centers and Old Town.
7. The properties are connected to sewer and water.
8. That the City Engineer submitted comments which are
incorporated herein as if set forth in full and such are
reasonable requirements and are included in the Ordinances.
9. That the Nampa and Meridian Irrigation District had
comments but no objection to the Application.
10. That the Ada County Highway District submitted
requirements.
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.
12. There was comment submitted at the public hearing
which objected to a blanket rezone of all the properties without
a restriction requiring that eventual commercial uses retain the
AM BROSE,
FiT2GERALD
acROOKSroR "single-family dwelling" character of the area.
Attom~ye uM
COU11NlOf!
P.O. Boa l21
MMEMn, ItlNo
BBMY
TMpIwIw BBBN61
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 zequirements 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).
AMSROSE,
FITZGERALD
acROOKSroR
Auore~s~.na
GounMbro
R.o.m:uT
MMOI~n,IANo
87Mt
T~Iplgna a!l1181
(d) There has been a change in the area, many commercial
uses, which tends to dictate that the area may lend
itself to be rezoned.
(e) The Applicants made no representation that the area
would be designed and constructed to be harmonious
with the surrounding area.
.„ Yi:
(f) No proposed uses were mentioned other than the
plumbing business and therefore it is not known
whether 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 likely 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 possible proposed uses will likely not involve any
detrimental activity to any person's property or the
general welfare.
(j) Any 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 are reasonable and should be a condition of the rezone
and met by the Applicant.
5. That many of the requirements of the Ada County
Highway District are reasonable and shall be required upon actual
development; comment number 4, however, shall not be required or
shall be left to the Applicant to settle with the Ada County
Highway District.
AMBROSE,
FITZGERAID
6 CROOKSTON
Attormye Yld
GUYRlMIX~
P.O. Box ART
MmWKN, IEY1o
B361I
T~Nplgn, BBSMBI
:. .
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 Voted
Commissioner Johnson Voted jib
~g1lL~
Commissioner Shearer Voted -.
Commissioner Cole Vote d
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 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 are met and the
requirements of Ada County Highway District are met except
Standard requirement #4.
MOTION:
APPROVED:
AMBROSE,
F1T20ERAlD
B CROOKSTON
Atlornsys uM
Coun~Nan
P.O. Boc 12l
MNWIY~, MYw
!]NZ
TNp1aM MF{M1
DISAPPROVED•
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
TERRY FAIRCHILD
CONDITIONAL USE PERMIT
213 EAST FIRST STREET
MERIDIAN, IDAHO
AMBROSE,
FITZGERALO
d CROOKSTON
Atlomeya antl
COUM81oB
PA. Box A2]
M~NOIan, IEMo
B38a2
TN~phmsBlBMB1
PRELIMINARY
FINDINGS OF FACT AND CONCLUSIONS
The above entitled matter having come on for public hearing
July 14, 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, but not having heard public comments, makes the following
Preliminary Findings of Fact and Conclusions:
FINDINGS OF FACT
1. That a notice of a public hearing on the Conditional
Use Permit was published for two (2) consecutive weeks prior to
the said public hearing scheduled for July 14, 1987, the first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at the July 14, 1987 hearing;
that the public will be given full opportunity to express
comments and submit evidence; and that copies of all notices were
made available to newspaper, radio and television stations;
2. That this property is located within the City of
Meridian and is owned by L. B. Properties, Inc., and is described
in the application which description is incorporated herein; the
property is in the Southwest corner of the intersection of
Williams Street and East First Street; the Applicant is Terry
Fairchild who is the proposed purchaser of the property and the
individual who will be conducting the business known as Engine
Distributors.
3. That the property is located in OLD TOWN district,
which requires a conditional use permit for the operation of a
business for automotive engine exchange and replacement which is
the use the application requests; that such use is an industrial
use but is a use similiar to one that previously existed at that
location.
4. That the OLD TOWN district is described in the Zoning
Ordinance, 11-2-408 B. 9 as follows:
(O-T) OLD TOWN DISTRICT: The purpose of the (O-T) District
is to accommodate and encourage further expansion of the
historical core of the community; to delineate a
centeralized activity center and to encourage its renewal,
revitalization and growth as the public, quasi-public,
cultural, financial and recreational center of the City. A
variety of these uses integrated with general business,
medium-high to high density residential, and other related
uses is encouraged in an effort to provide the appropriate
mix of activities necessary to establish a truly urban City
center. The district shall be served by the Municipal Water
and Sewer systems of the City of Meridian. Development in
this district must give attention to the handling of high
volumes of traffic, adequate parking, and pedestrian
movement, and to provide strip commercial development, and
must be approved as a conditional use, unless otherwise
permitted.
AMBROSE,
FITZGERALD
bCRDOKSTON
ABOmeys ub
Coonwbrs
P.O. Box 17!
MmWluy bYlo
B30I4
TNpMns BBNM1
5. That Seetion 11-2-407 D. 3. provides as follows:
11-2-407 D. 3. It is to be noted that all uses in the Old
Town District have been stated as Conditional Uses. However,
many and varying uses presently exist in Old Town which may
be maintained and new uses of the same or similar nature
on the same parcel of property may not need to obtain a
conditional use permit for that new use. The Zoning
Administrator will provide a statement, if requested,
that a conditional use need be obtained or need not be
obtained. He may also refer the request to the City Council.
6. That the use proposed by Appliant is not an enumerated
allowed conditional use in the OLD TOWN district but is similar
to the allowed conditional uses of a service station and a prior
use of an automobile sales lot and repair previously existed on
the property.
7. That the property to the west is vacant ground; the
property to the east is commercial; the property to the south is
a banking institution; the property to the north is a grocery
store.
S. That proper notice has been given as required by law
and all procedures before the Planning and Zoning Commission have
been given and followed.
9. That the property is presently vacant and has been
used in the past as stated above and for commercial uses.
10. That the Applicant has submitted petitions signed by
AM BROSE,
FITZOERALD
6 CROOKSTON
Atlomlys uW
CoonMloro
P.O. Box 127
Mer1011n, IEalw
89!14
TNpigIN BB61M1
at least 75~ of the people owning property within 300 feet of the
property indicating their approval of the use of the property as
requested by Applicant.
r
AMBROSE.
FITZGERALD
S CROONSTON
Attamlyf Ntl
CounsNOn
P.O. Box X27
MMOIN,WNo
B7BIt
T~Np~on~ IBB~b1
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 Compiled Ordinances of the City of
Meridian, Idaho;
3. 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 pursuant to
11-2-418(D> of the Revised and Compiled Ordinances of the City of
Meridian, Idaho;
4. 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
i
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:
a. The use, would in fact, constitute a conditional use
AMEROSE,
FITZG ERALO
6 CROOKBTON
AHOmByB N0
fi0Y11MIM6
R.O. BOY 42l
MxlCim, IOeflo
B7N2
T~Mglorr BB&NB7
":_:?:,
and a conditional use permit would be required by
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 use.
c. The use apparently would be designed and constructed,
to be harmonious in appearance with the intended
character of the general vicinity such being
designated as set forth in the definition of OLD TOWN
as contained in Section 11-2-408 B 9.
d. That the use should not be hazardous nor should it be
disturbing to existing or future neighboring uses.
e. The property has sewer and water service available.
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
1 • • • • •
destruction, loss or damage of a natural or scenic
feature of major importance.
5. That since these findings and conclusions are
preliminary, if there is public comment objecting to the use,
these findings and conclusions may be amended.
6. That it is concluded that since 11-2-408 B OLD TOWN
does allow development under a permit if it is not specifically
permitted and since 11-2-407 D 3 does recognize that prior uses
may be continued with Council approval, that the use proposed by
the Applicant should receive a recommendation of approval subject
to the City Council approval and review.
~)
I
i
AMBROSE,
FITZGERALD
B CROOKSTON
Atlomsya anE
CounaekKa
P.O. Box a2]
MMEW,bNo
BBM1
TNpIgM B!&M61
•
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)
Voted__
C
Voted
Voted eFl
Voted
Voted` C
DECISION AND RECOMMENDATION
pMBROSE,
R17ZGERALD
d CROOKSTON
~nomey..na
Counaslors
P.O. Box t2]
MxMNn, IOWo
B7B1Y
TaMPNOM BBBdM1
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.
MOTION:
APPROVED:
DISAPPROVED•
• ~~~''~~ • DEVELOPMENT SERVICES
QS`~ ~D~ COU~T~ DE650ManNT
Boise, Idaho 83702
GLEN STEPHENS BUILDING DIVISION Phane~. (208) 3834423
Director PLANNING DIVISION (208) 383-4424
ZONING DIVISION (206) 383-4424
July 11, 1986
Mr. V. L. Holladay
2315 E. Ustick Road
Meridian, ID 83642
RE: PARCEL #51105212420, SECTION S, T3N R1E AND PROPERTY STATUS
REPORT #86-114
Dear Mr. Holladay,
A review of the above referenced parcel has revealed the following inform-
ation:
1. The parcel was created 12/2/50.
2. The parcel contains 3.40 acres. The northern 250' is
currently zoned R1. The southern 200' is zoned AP-2.
3. The parcel lies within the Meridian Area of City Impact.
4. The Rural Area Section of the Ada County Comprehensive
Plan applies to the rural area as identified on the Area
of City Impact Boundary Map.
5. All applications for rezones within the Meridian Area of
City Impact will be referred to the City of Meridian for
recommendation.
In light of the previous findings, I have made the following determinations:
1. Any rezone to R-1 should be discussed with the City of
Meridian prior to application through this department.
It would have to comply with the policies of the Rural
Area.
2. The southern 200' of the parcel (zoned AP-2) could be
split off and sold to your neighbor as an agricultural
parcel. ~. ~,tEax',~~. pax~els have n9. minimwp„.~,A.~ =rerx
This would be your "one-time split" allowed under
Section 8-10-3 (A3) which states:
"One division of a lot or parcel of contiguous land held
under a cotmnon ownership which is of record in the County
Recorder's Office or the County Assessor's Office prior to
January 1, 1985, into not more than two (2) parcels, pro-
viding said division is in compliance with minim~n zoning
standards. (Ord. 147, 2-26-86)."
Mr. V. L. Holladay
July 11, 1986
Page 2
3. This agricultural parcel WOULD NOT be eligible for a zoning
certificate for a single family dwelling.
If I can be of further assistance, please call me at 383-4424.
Sincerely,
~.~. ~~ ~
David F. Okerlund,
PIJINNF.R II
Ada County Development Services
DFO/cp
cc: file
DEVELOPMENT SERVICES
DEPARTMENT
650 Main
Boise, Idaho 83702
June 16, 1987
Dwayne C. Needles
700 E. Fairview #38
Meridian, Idaho 83642
BUILDING DIVISION
PLANNING DIVISION
ZONING DIVISION
RE: A PARCEL IN THE NE1/4 NW 1/4 SECTION 5 T3N R1E;
PARCEL #51105212420
Dear Mr. Needles:
Phone: (208)383-4423
(208) 383-4424
(208) 383-4424
As per our conversation, I have looked into the possibility of
splitting the above referenced parcel. The parcel is 335 feet
wide by 450 feet deep, with the southern 200 feet being zoned
agriculture (AP-2). That leaves 1.92 acres (250' X 335') in the
R1 zone. Unfortunately, as we discussed, there must be at least
two acres within the R1 zone in order to make a legal split.
Were the southern 200 feet to be rezoned to R1, the division of
property could be accomplished. Until that time, the ro ert
cannot be le ally s lit. A rezone wou d ave to be approve by
Meri ian City and t en processed by Ada County.
Please call if you have any further questions.
Sincerely,
~~~~~`'~
Scott R. SpjlPt'3
PLANNER II
Ada County Development Services
SRS/dd
Yage z Policy No. 1-1991 r
SCHEDULE A 1-26131
1. The Estate or interest covered by this policy:
Fee simple estate, presumptively as community property.
2. Description of tho property, title to which is insured by this policy:
IN THE COUNPY OF ADA, STATE OF IDAHO
BegiruLLng at the NE corner of the NE-,~,-NWu Section 5, being the
NE corner oi' Lot 3, T. 3 N. R. ? E.B:M., running thence West
on Section line 335 feet to a point, thence South parallel with
the West line of said Section 1}50 feet to a point, thence East
parallel with the North line of said Section 335 feet to a
point, thence TVorth 450 feet to the place of beiitu~:Lr~.
~JCL'Ll"1' ro<;ui, railro;ul r~,:Ad dii;c;li r:L~liLS-of-~vt.Ly.
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PROPERTY AS IS NOW ZONED
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PROPOSED ZONE CHANGE
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The parcel zoned R-1 to be increased from 335 ft.by 250 ft.
to 335 f t. by 260 f t.
This would be an ibcrease of .08 of an acre there by making
it large enough to make a legal split.
~~%~
.Tiny 9, 1987
,~?eridian Planning & Zoning
City Hall
728 6?eridian St.
R?eridian, Idaho 83642
RE: Zone-Change bequest
Paul & Shirley IvTclCague
933 P:• nine
P+?eridian, Idaho
Gentlemen:
This is a request for a letter from you to Ada County
Planning & Zoning Commission indicating your Committee will
not object to zone change of above-named property. It is
presently zoned ".Rural Residential" and we are asking it be
changed to "Agricultural".
',de have lived at this address since 1970 -- we do not wish
to subdivide and will make this our home for as long as we can
care for it. ',9e originally owned 1 acre and have subsequently
purchased property from two neighbors -- one parcel in 1976
and the other in 1986.
PJe assumed that if one owned ~ or more acres, as others
we know do, that it could be zoned "Agricultural" by simply
having it changed at the Assessor'S office. Pvot so.
The land is used for raising hay and cattle. When we
retire we plan to derive part of our income from this venture.
This property is all properly connected and is placed in
1 six-acre piece by the Ada County Assessor's Uffice. You will
find this shaded in yellow on the attached map.
Thank you for your consideration in this matter.
~cerely,
PAUL Lti . NiC KAGU~
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