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1987 05-12f I • • • 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. FI1 . G ERAID B CROOKSTON AHOrmyx all0 CounsNOn P.O. Box lZl MNWMn,10Yw B3BI2 TWp"ons BBBIMI 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 v.o.eo.~x~ MMENn,10Yw 69N2 T~4p~orN BBNb~ • • I 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 \brlolm, loaKo 89M4 T~Np11orN ~B6M61 AMBROSE, FIiZGERALD 6 OROOKSTON Attomaya aM GouRNbA P.O. eoz X27 Mar1yW,10aRo TaNPMm iI8BME1 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 Counaabn R.o. eo: axT -Nrwua, nano exu Takpnona eaaaret (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: