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1986 10-27 MERIDIAN P INNING & ZONING OCTOBER 2" Special Meeting of the Meridian Planning & Zoning Commission called to order at 7:30 p.m. by Chairman Bob Spencer: Members Present: Walt Morrow, Jim Johnson, Moe Alidjani, Jim Shearer: Members Absent: Tom Cole: Others Present: Douglas & Barbara Fraser, Wayne Crookston: Chairman Spencer, the purpose of this Special Meeting is a Public Hearing on a Conditional Use Permit Application by Douglas and Barbara Fraser. I will now open the Public Hearing. Is there somone present to represent this request? Mr. Douglas Fraser, East Amity Road, Meridian; Mr. Fraser was sworn by Chairman Spencer: Fraser, I would like to construct a building at and Meridian Street for the purpose of one for for my family and second for a shop and office Instrument Company. Our main endeavor is sales electronic equipment. Especially computers and would be about 1600 square feet. the corner of King ~ family residence space area for Fraser and service of vcr's. The building Chairman Spencer, any questions of the Commission? Johnson, have you read the comments of the Ada County Highway District and the City Engineer? Fraser, yes I have, the only comment that I took exception to was the requirement for curb, gutter and a four foot sidewalk along Kina and Meridian Road. That at this time would be the only curb, gutter and sidewalk in this area south of the railroad track. I am not opposed to having it there, I think it would be a good idea but think it should all be done at once. Johnson, do you have any problems with the engineers comment about the landscaping and parking? I guess what I am asking is if you know what this means under 2-414-D-2a-c of the Zoning Ordinance. Fraser, you might explain this provision to me. Chairman Spencer, read this requirement from the Zoning & Development Ordinance. Actually what this is saying is that if there is a residence next to your Commercial there should be some kind of screening between the two. Fraser, it sounds like we should be able to comply with this. Morrow, I have a couple questions in terms of this project, it seems that this area long term is going to be more commercial than residential .~ MERIDIAN PLA~NG & ZONING OCTOBER 27, 86 PAGE # 2 L J are you designing this project so that later the residential portion will be phased out? Fraser, Yes. Morrow, then you have no problem with some of the neighbors in the future changing their property to 100 o Commercial? Fraser, no I would not oppose that. Looking three to five years down the road we thought this might all be commercial. The way we designed the building we could abandon the residential down the road to office space. Chairman Spencer, is there anyone else present who wishes to testify in this matter? There was no response. The Public Hearing was closed. Any other questions or discussion by the Commission? There was none. The Motion was made by Morrow and seconded by Shearer that the Meridian Planning & Zoning Commission hereby adopts and approves the Findings of Fact and Conclusions as prepared by the City Attorney on this request. Motion Carried: Morrow, Yea: Alidjani, Yea: Johnson, Yea: Shearer, Yea: The Motion was made by Shearer and seconded by Johnson that the Meridian Planning & Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Conditional Use Permit request- ed by the Applicant for the property described in the application. Motion Carried: A11 Yea: Being no further business to come before the Commission the Motion was made by Shearer and seconded by Johnson to adjourn at 7:40 p.m.: Motion Carried: All Yea: (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ~~/~/J ~{{ / /,/ /(~fi BOB SPE EPIC R, CHAI N ATTEST: ~ ~ -. c s2',,,( i -C~~,_~-~-..__ - Jac Niemann, City Clerk i '~ pc:/ Mayor &' Council File (1) ~ P & Z Members Mail (1) Atty, Eng, Fire, Police Stuart, Ward, Kiebert, Hallett, ACHD, NIMD CDH, ACC, ACZ Valley News, Statesman BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION DOUGLAS AND BARBARA FRASER CONDITIONAL USE PERMIT NE CORNER OF KING STREET & MERIDIAN STREET MERIDIAN, IDAHO PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing AMBROBE, F1T2GERALD 6 GROOKSTON Attomays ana Counwbn R.O. BOx /t7 MarMMn, WYq BB61II October 27, 1986, 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 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 October 27, 1986, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the October 27, 1986 hearing; that the public was 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 the Estate of Barbara Nesmith, and is described in the application which description is incorporated herein; the property is in the Northeast corner of the intersection of King Street and Meridian Street; the Applicant's are Douglas and Barbara Fraser who are the proposed purchasers of the property; 3. That the property is located in OLD TOWN district, which requires a conditional use permit for the operation of a business for the sales and service of computers and video cassett recorders which is the use the application requests; that such use is a retail use; the Applicant also desires to have his home located in the same building which does not require a conditional use but is a permitted use in OLD TOWN. 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 (OT) District is to accommodate and encourage further expansion of the historical core of the community; to delineate a centralized 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 move- ment, and to provide strip commercial development, and must be approved as a conditional use, unless otherwise permitted. AMSROSE, F1T2GERALD B CROOKSTON 5. That the retail use proposed by Applicants is an Attorneys end Couneslon P.O. Sow tY7 MxlGlen, lONo B7MY TeNq~o~M MFMSI 1 ,_ AMBBOSE, FITZGEPALD d CROONSTON Aliorn•ys YW Counwlon P.O. BOw u'7 MaMMn, IGM pMt TsIpIgM!l6~M1 allowed conditional use in the OLD TOWN district. 6. That the property to the west is vacant ground; the property to the east is a parking lot; the property to the south is vacant land; the properties to the north are residences. 7. That a proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been given and followed; 8. That the property is presently a vacant lot and has been used in the past to unlawfully store junk vehicles; 9. That the Applicant has submitted petitions signed by at least 758 of the people owning property within 300 feet of the property indicating their approval of the use of the property as requested by Applicants. 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 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 specifically concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit would he 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 would not be hazardous nor should it be AMeROSE, disturbing to existing or future neighboring uses. FITZGERALD B CROOKSTON Atto,RSrs an0 Couneabrs P.O. BOZ ~2T MwW1An, qYq S.YQ TWpIgMl~Ml L~.tr~-, _ _ _ _. s'a ii • • AMBROSE, FI7ZGERALD B CROOKSTON Attarnayx ra Coumslan P.O. Box 127 Msn01~n, IOMIo 82814 TN~pnolul888M8/ 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 destruction, loss or damage of a natural or scenic feature of major importance. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS AMBROSE, FITZGERAID 6 CROOKSTON AKamys MM DouANkrcs P.0.8oa 137 Merltll~n, ItlNo BM12 Telsplrons 6tlN61 The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL: Commissioner Morrow Voted Commissioner Alidjani Voted Commissioner Johnson Voted Commissioner Shearer Voted/tir "' Commissioner Cole Voted Chairman Spencer (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 Conditional Use Permit requested by the Applicant for the property described in the application. MOTION: APPROVED: DISAPPROVED: