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:
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-. 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
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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
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AMBROSE,
FI7ZGERALD
B CROOKSTON
Attarnayx ra
Coumslan
P.O. Box 127
Msn01~n, IOMIo
82814
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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
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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: