1987 05-12f I
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A G E N D A
MERIDIAN PLANNING & ZONING
MAY 12, 1987
ITEM:
MINUTES OF PREVIOUS MEETING HELD MARCH 9, 1987: (APPROVED)
MINUTES OF THE PREVIOUS DIEETING HELD APRIL 14, 1987: (APPROVED)
1. PUBLIC HEARING: REZONE REQUEST BY HAL HATCH & JOHN CLAXTON: (APPROVED)
2. DISCUSSION ON AMENDMENTS TO ZONING & DEVELOPMENT ORDINANCE:
MERIDIAN PLANNING & ZONING MAY 12, 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: Moe Alidjani:
Others Present: Hal Hatch, Kent Barney, Steve Wherry, Wayne Crookston:
The Motion was made by Cole and seconded by Jim Shearer to approve the
minutes of the previous meeting held April 14, 1987 as written:
Motion Carried: All Yea:
The Motion was made by Cole and seconded by Shearer to approve the minutes
of the meeting held April 14, 1987 as written:
Motion Carried: All Yea:
Item #1: Public Hearing: Rezone Request by Hal Hatch:
Chairman Morrow, is there someone present to represent this request and
if so would they come forward and exlain this request?
Mr. Hal Hatch was present, Hatch was worn by the City Attorney.
Hatch, I plan on selling off a portion of land, the portion that I am
requesting to be re-zoned approximately 30,000 square feet to Brady &
Tingy for a place for a dentist office.
Morrow, are there any questions of .the Commission members?
Johnson, I assume you are talking about the brown house there?
Hatch, no it will take out all three of them. It is all the way from
the church parking lot to the west edge of our property. There will
be a 50 foot roadway on the West side of the property.
Johnson, I have a question on the mobile home, I heard that there might
be an alternative proposal to that, are you still planning on going through
with that?
Hatch, when the property was purchased, the lady that owned it was given
life estate or whatever you want to call it, we have some other altern-
atives but I do not want to do that but if it comes to that we will have
to look at these. I have to put her in a place of equal value or some-
thing she would be satisfied with.
Johnson, where is she living now?
Hatch, in the green house that sets back aways from Cherry Lane. All the
house and trees would be removed and a new building erected by the
dentas~s on 30,000 square feet of land.
MERIDIAN P & Z• • • •
MAY 12, 1987
PAGE $ 2
Johnson, was there any negative feed back on this request?
City Clerk, no, we did not receive anything back at all, in fact the
Fujii's were in favor of this.
Shearer, I have no questions, it looks like this would be an improve-
ment to the area.
Cole, would the mobile home be isolated by some landscaping or fencing
or something?
Hatch, we have really never talked about it, in fact our plan now is to
go to the Embassy.
Crookston, is it your intention to remove the mobile home when she no
longer is able to live there?
Hatch, Yes,
Crookston, would the mobile home be at the back of the property?
Hatch, it would be at the back of the road along the West side or about
the back corner of the Catholic Church parking lot. The mobile home will
not be on the property the dentists are purchasing. She will have access
by the 50 foot rightaway road on the West side.
Johnson, have you read the comments by the ACRD, Irrigation District &
the City Engineer? Do you have any problem with any of these?
Hatch, yes I have read them and have no problems with any of them.
Morrow, I will now open the Public Hearing, is there anyone else in the
audience who wishes to offer testimony on this application? There was
no response. The Public Hearing was closed.
Morrow, can we have a motion to approve the Findings?
Cole, before we do that the date on the front states the hearing was
held on May 11 isn't today the twelfth::'
The Motion was made by Cole and seconded by .Johnson that the Meridian
Planning and Zoning Commission hereby adopts and approves the Findings
of Fact and Conclusions as prepared by the City Attorney on this
application with the date correction.
Motion Carried: Johnson, Yea: Shearer, Yea: Cole, Yea: Morrow, Yea:
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 in the application and the variance upon the condition that
all other City Ordinances are complied with, the comments and requirements
of the ACRD, Nampa Meridian Irriggation and the City Engineer~re met,
and regarding~he variance, that when the current resident on 'the property
no longer resides on the property, the mobile home will be removed.
Motion Carried: All Yea:
MERIDIAN P & Z• • • •
MAY 12, 1987
PAGE # 3
Item #2: Discussion on Amendments to the Zoning & Development Ordinance:
Chairman Morrow, basically what we are going to have is a type of work
shop, with your comments on some items that have been brought that need
some action taken and what we want to do and then the Counselor will
take these items and type up the areas we want to review and then
we can take action on them if needed. Probably the one thing that has
been suggested most has to do with Conditional Use Permits that go
contrary to subdivision covenants and restrictions.
There was much discussion on this item. It was the concensus of the
Commission that in reality the City of Meridian should not be put into
a position to enforce the dovenants of a subdivision but that some item
should be included in the applications stating that if the covenants of
a subdivision prohibited the type of useage requested that the application
could be denied on this basis.
The City Attorney brought up the item on covering of ditches or fencing
when a new subdivision was approved that this be a requirement under the
Ordinance. It was the concensus of the Commission that no action be
taken on this item.
One additional item was brought to the Commission attention, this had to
do with themiiimitn5>v lot area in a R-8 Zone for two-family dwellings. 2-410 A
only requires 4250 square ft. It was the concensus of the Commission
that this was a misprint and should be 4250 per dwelling unit.
The Motion was made by Cole and seconded by Johnson that this be construed
to be 4250 per dwelling unit until the Zoning & Development Ordinances
were amended.
Motion Carried: All Yea:
Being no further business to come before the Commission the Motion was
made by Cole and seconded by Shearer to adjourn the meeting at 8:35 p.m.:
Motion Carried: All Yea:
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
WALT MORROW, CHAIRMAN
ty
Mayor Council Statesman, ACRD, NIMD
P & Commission CDH, ACC, Settlers Irrigation
Att , Eng, Fire (Mail (1)
Pol ce, Mitich
Ward, Stuart, Kiebert File (1)
Hallett, Valley News
i _ ,~ • •
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
HAL HATCH, TOM HATCH AND JOHN CLAXTON
REQUEST FOR REZONE AND VARIANCE FROM THE MOBILE HOME ORDINANCE
1111 W. CHERRY LANE
MERIDIAN, IDAHO
PRELIMINARY
FINDINGS OF FACT AND CONCLUSIONS
The above entitled matter having come on for public hearing
May 1~-, 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 but not having heard public testimony makes the following
Preliminary Findings of Fact and Conclusions under the provisions
that they may require an amendment depending on testimony at the
public hearing:
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 1111 West Cherry Lane,
Meridian, Ada County, Idaho.
2. That the property is located in the Cairns
~ Neighborhood as designated on the Policy Diagram on page 7 of the
AMBRGSE,
'
' Meridian Comprehensive Plan.
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.
G ERAID
B CROOKSTON
AHOrmyx all0
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P.O. Box lZl
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3. That the property is presently zoned R-4 Residential
and is developed as such; that the property surrounding the
subject property is similarly zoned and developed except the
property to the South is the Meridian Junior High School; that
there is a dental office on the Northeast corner of Cherry Lane
and West 6th Street; there is intermittent development of
Commercial and Limited Office property along Cherry Lane.
4. That the Applicant's proposal is to change the zones
from R-4 to Limited Office so the land can be developed for
dental and dental related uses.
5. 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 tran-
sitional use. Connection to the Municipal Water and Sewer
System of the City of Meridian is a requirement in this
district.
6. The Comprehensive Plan contains Economic Policies on
pages 15 and 16; the pertinent policies to this Application are
stated as follows:
AM BROSE,
FITZGERALG
d CROOKSTON
Attom~ys NE
Counwlon
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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
impact.
9.~~Office uses can be, but may not necessarily be,
integrated within neighborhood, commuity, regional
shopping centers and Old Town.
7. That sewer and water are available within 300 feet.
8. That the City Engineer submitted comments which are
incorpora ted herein as if set forth in full.
9. That the Nampa and Meridian irrigation District
submitted comments which are incorporated herein as if set forth
in full.
10. That the Ada County Highway District submitted
comments and requirements which are incorporated herein as if set
forth in full.
11. That the proper notice has been given as required by
I ~ law and a ll procedures before the Planning and Zoning Commission
have been given and followed.
I
12.
That there presently is a residence on the property
and it i s the apparent desire of the Applicants to allow the
resident to remain on the property but to remove the residential
ANBNOSE, building and place a mobile home on the property to allow the
F1T2GEPALO
d CROOKSTON resident to remain living on the premises.
Attomeye ano
CpYnM1Or0
P.O. Box ~2T
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AMBROSE,
FIiZGERALD
6 OROOKSTON
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13. That the Mobile Home Ordinance requires that all
mobile homes placed in use must be located in a mobile home park
or subdivision; that the application requests a variance from
this requirement for a period of time.
14. That no adverse comments have been submitted up to the
time of preparation of these preliminary findings; if there are
adverse comments at the public hearing new findings may have to
be made.
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 the City has authority to grant variances
pursuant to Section 11-2-419.
3. That upon rezone and the granting of a variance, the
City of Meridian has authority to place conditions upon the
zoning amendment.
4, 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 Zoninq
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.
gMBROSE,
FITZG ERALD
6CROOKSTON
Attonrors anC
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(b) The area was not previously scheduled for a
rezone.
(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 Limited
Office (L-O).
(d) There has been a change in the area, the widening
of Cherry Lane, 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 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 ecogomic 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.
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 ~/1/y
Commissioner Shearer Voted
Commissioner Cole Voted ~r/1
Chairman Morrow (Tie Breaker3 Voted~;.rp-
DECISION AND RECOMMENDATION
AN 9ROSE,
fITZGERA'i0
d CROOKSTON
At1olMye NE
Counwbn
P.O. Boa 121
IAe'IEW ~ MNo
B2MY
TM,ggM MB/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 in the
applicaiton and the variance upon the condition that all other
City Ordinances are compiled with, the comments and requirements.
of the City Engineer, Nampa and Meridian Irrigation District, and
Ada County Highway District are met, and regarding the variance,
that when the current resident on the property no longer resides
on the property, the mobile home will be removed.
MOTION:
APPROVED: ~~' DISAPPROVED: