1985 04-08ITEM:
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A G E N D A
MERIDIAN PLANNING & ZONING
APRIL 8, 1985
MINUTES OF SPECIAL MEETING HELD MARCH 7, 1985: (APPROVED)
MINUTES OF REGULAR MEETING HELD MARCH 11, 1985: (APPROVED)
PUBLIC HEARING, COMPREHENSIVE PLAN AMENDMENT REQUEST BY CLAREMONT
DEVELOPMENT COMPANY: (ATTORNEY TO PREPARE FINDINGS)
PUBLIC HEARING, COMPREHENSIVE PLAN AMENDEMENT PROPOSED BY THE
PLANNING AND ZONING COMMISSION: ATTORNEY TO PREPARE FINDINGS)
PUBLIC HEARING, AMENDMENTS TO THE ZONING & DEVELOPMENT ORDINANCE
AS PROPOSED BY THE PLANNING & ZONING COMMI S SION: (ATTORNEY TO
PREPARE FINDINGS)
PUBLIC HEARING, CONDITIONAL USE PERMIT FOR RUSSELL MARTENSEN DBA
MERIDIAN MOBILE HOMES FOR A MOBILE HOME SALES LOT: (ATTORNEY TO
PREPARE FINDINGS)
PUBLIC HEARING, REQUEST FOR ANNEXATION AND ZONING BY MOE ALIDJANI:
(TABLED UNTIL MAY 13,1985)
FINDINGS OF FACT AND CONCLUSIONS ON REQUEST BY LEROY FENSTERMAKER
FOR ANNEXATION & ZONING WITH CONDITIONAL USE PERMIT. (APPROVED)
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MERIDIAN PLANNING & ZONING
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APRIL 8, 1985
Regular Meeting of the Meridian Planning & Zoning called to order by
Chairman Bob Spencer at 7:30 p.m.
Members Present: Walt Morrow, Moe Alidjani, Jim Johnson, Tom Cole:
Members Absent: Jim Shearer:
Others Present: Loren Hornbaker, Edegthe Hornbaker, Loren Hornbaker Sr.,
Mrs. Andrew T. Wolfe, Vera Hornbaker, Bruce McDonald, Hartzel Phelan,
Aline De Nardi, Belva Kerby, Donna Kesner, Gary Schaffer, JaAnne La Crasse,
Blanche Wolf, Richard Parcells, Peggy Haars, Gary Haars, Patrica Rgyf,
Gerald Ruyf, Richard Orton, Daisey Snyder, Opal Farrington, Kim Fabucius,
Martin Fabuciu$,Elaine Smith, Lawrence Smith, Mary Jensen, R.D. Bischoff,
Betty Bischoff, Ila & Bill Thompson, Phil Davidson, Lillian Reaman, Herbert
Reaman, Robert Giesler, Charlotte Low, Fern McKague, Roy McKague, Robert
Davis, William Polk, Alan Lance, Carl Olson, Duaine Rasmussen, Howard Foley,
Bert Myers, Phillip Hanson, Shirley Peterson, C.R, Peterson, Lloyd Howe,
James Kiser, D. J. Russell, Laura Conner, Delmer & Nell Ouderkirk, Steve
Anderson, Paul McKague, Mary Rhoades, Leonard Rhoades, Wayne Crookston,
Ronda Lowe, Rusty Martensen , Denise Giesler
The Motion was made by Morrow and seconded by Alidjani to approve the
minutes of Special Meeting held March 7, 1985 as written:
Motion Carried: All Yea:
The Motion was made by Morrow and seconded by Johnson to approve the
minutes of the Regular Meeting held March 11, 1985 as written:
Motion Carried: All Yea:
Item #1: Public Hearing, Comprehensive Plan Amendment, Claremont Development:
Chairman Spencer, this hearing will be conducted under the provisions of
City Ordinance #446 and there will be a three minute time limit on the
testimony established., I will now open the meeting for the Public Hearing.
Mr. Phil Davidson,515-116th Ave, N.E. Bellevue,Wa. President of Claremont
Development was present to represent this request.
Mr. Davidson was sworn by Chairman Spencer.
Mr. Davidson, I am happy that our application was given favorable consider-
ation in March for further study and am enthused to be here tonite repres-
enting Claremont Development Company and The John Price Company of Salt Lake
City and to tell you a little more about our project. Our goal here tonite
is to seek approval of our Comprehensive Plan change and to have it forward-
ed on to the City Council. We have quite a few members of our group here
tonite some who are speaking experts. Mr. Bill Polk of John Graham & Co.
will be telling you some more about our project as you see it up here,
indicating the drawings that they had brought. He will also be speaking
on economics , land use population and design. Mr. Rick Orton of our
MERIDIAN P &Z • •
APRIL g, 1985
PAGE # 2
Engineering Firm will be speaking on the transportation and utilities
aspect of our development. We also have our Legal Counsel and two rep-
resentatives of Price Development.
Mr. Bill Polk, John Graham & Company of Seattle , Washington.
Mr. Polk was sworn by Chairman Spencer:
Mr. Polk, explained the concept of the drawings, this would be a two
story maLl with six major department stores, one on each corner with
smallshops in between, there will also be a convience center located
away from the mall. There is ample room for parking, this plan will
probably be modified before construction, the population study shows
enough to support the mall, Meridian has plenty of sewer capacity to
support the population growth, will be 1000 construction jobs, assessed
valuation will go up 550, will employ 1500 full time employees and 500
part time employees there is ample residential lots for home building,
platted or to be platted, business will benefit from growth. $200,000.00
more per year in property taxes.
Richard Orton,Jr.
134 East State Meridian, Idaho
Mr. Orton was sworn by Chairman Spencer.
Mr.Orton explained the route the water and sewer lines would take to
the project and advised if not enough water was available a well would
be drilled and if necessary a small storage tank would be installed to
meet the demands. All drainage would be retained on site, solid waste
would be handled through Sanitary Service either with dumpsters or
compactors, would have no problem with transportation as site would
have ingress and egress both on Eagle Road and Franklin Road.All public
safety and building codes would be met, would have own security force.
Mr. Bill Polk, at the last meeting where we appeared you asked the dev-
eloper to inventory the existing businesses and asked the developer to
provide some kind of explanation as to what the impact would be on the
existing business in the City of Meridian. We have done that and I would
like to read part of the summary of this to you. 1. A regional mall in
Meridian would capture sales now being lost from Ada County from the
Meridian sales area: 2. Lost sales are estimated to be 100 million
dollars for Ada County and 4 million dollars for the Meridian sales
area. 3. any increase in total retail sales would go to well run existing
Meridian retail outlets, those supplying needed specialty goods at a
regional mall. 4. approximately 88% of the existing Meridian businesses
would not be affected by a regional mall, there could be some impact
on 12% of the businesses. 5. there would be no trip or traffic conflict
between convient shopping present Meridian retailers and comparision
shopping at a regional mall. Generally there is additional growth and
most of the existing business does better. This has been found in
shopping center after shopping center and you can control what kind
of sprawl come out of the shopping center.
Mr. Phil Davidson, I have a few closing comments, we feel we have a
violable project here as the John Price Development has demonstrated
MERIDIAN P &Z •
APRIL 8, 1985
PAGE #3
in the past they are able to build for major department stores, we feel
the Meridian market place is no exception. It is a known fact that there
are several major tenants that remain firmly committed to Price Develop-
ment Company. Even though we have this confidence we what to give the
City comfort by the fact should we would be willing to de -annex the
subject properties should we run into a problem and not be under construction
in eighteen (18) months from the date we receive approval. We also enter
into a Annexation agreement with the City. Our reason for being here
tonite is threefold, first of all we need public imput,we realize there are
two subdivisions close to this location we plan to meet with them in the
near future; second, we would like to see this matter sent on to the City
Council with Planning & Zoning blessing; third; we would ask if there is
anyway you could expedite the approval process, we would like to know tonite
if there is anyway we could get a Special Meeting scheduled should it be
decided tonite to have the City Attorney preparekhe Findings of Fact and
Conclusions of Law.
Chairman Spencer, at this time I would like to mention we have one item
of written testimony which at this time it will be entered into the record
in its entirety by this reference. (Copy of this testimony attached to
these minutes as Exhibit A)
Gerald Ruyf, 360 Montvue Drive, Meridian, Idaho
Mr Ruyf was sworn by Chairman Spencer.
Mr. Ruyf, I am in opposition to this shopping center, how many of the
people here would like to have this next to their house, would you like
to live next to the shopping mall. This entire area is homes,subdivision
here Montvue Drive people who have moved here to be in the open and get
away from the sprawl that comes with a regional shopping mall, my home is
located where there would be a shopping mall on two sides. They talk about
the possibility of having to dig a well, when they do what happens to the
water table, what happens to my well, or my neighbors wells. In the winter
time when the inversion hits and people come to do all this shopping, what
happens then, you were last year remember how bad it was, Channel 2 did
a study on small particle emission and what it does to respiratory systems
how many people will they bring from out of state, how many of you are
aware of the Nahas report which talked about the impact of a shopping
mall at this site on the people of Meridian, the figures I have here on
the report done by Camerios Ltd Research Group that a project like this
would cost the City of Meridian $604,710.00 annually above anticipated
revenues from such a development, now where do those dollars come from.
Alan Lance, 1370 Eggers Place, Meridian, Idaho
Mr. Lance was sworn by Chairman Spencer:
Mr. Lance, we have been for some time debating the issue of a shopping
center in this area, we have now the opportunity to add to the possible
sites that would benefit the City of Meridian, the site located at Eagle
Road and I-84, in the number of years we have debated this issue we have
never before met with a developer who had produced tenants, which would
indicate he could develop a site, we now have that before us. We would
MERIDIAN P&Z •
APRIL 8, 1985
Page #4.
ask you to give favorable consideration to
to the City Council approval of our request
change.
•
this proposal, and recommend
for a Comprehensive Plan
Howard Foley, 2875 Autumn Way, Meridian, Idaho
Foley was sworn by Chairman Spencer:
Mr. Foley, I came this evening to speak on behalf of the Meridian Chamber
of Commerce and to state again what I understand to be a long standing
position of the Meridian Chamber. First the Meridian Chamber led in the
initial argument over the Eagle Road Interchange and was supportive of
that interchange, we did that with the idea in mind that the leakage that
occurs in our commercial community, lost dollars and lost merchants with-
in our community results as a function that leakage, that leakage by the
admission that we have or the studies we have commissioned through Boise
State University and other institutions tells us that our problem in some
respects is lack of shopping, lack of goods and services and in some regards
lack of attitude on the shoppers that there are the sufficient goods and
services in our community, to attract shoppers to our community, I think
that has produced the Chamber position that we have encouraged a Regional
Shopping Center, we have encouraged fair and open competition for those
Regional Shopping Centers for the merchants and the goods and services
that will be brought to our community and revenues that they will produce.
On a personal note I would like to respond about the statements that have
been made about increased traffic and pollution and things that are going
to occur I think that is a forgone conclusion, at the time the State decid-
ed to put in an interchange at Eagle Road there was already going to be
that increased traffic, that increased pollution and you are going to have
the problems that are associated with traffic of that sort. I live in one
of those subdivisions and I understand the impact that is going to occur,
but I think it is necessary for the City of Meridian to establish our own
identity, and our commercial growth.
There were no other speakers on this hearing, Chairman Spencer closed the
public hearing. Is there any discussion by the Commission? There was none.
The Motion was made by Morrow and seconded by Alidjani to instruct the City
Attorney to prepare Findings of Fact and Conclusions on the application by
Claremont Development Company for a Comprehensive Plan Amendment.
Motion Carried: All Yea:
It was the concensus of the Commission not to make a recommendation until
after the Findings of Fact and Conclusions were completed.
There was discussion on Claremonts request for a Special Meeting.
The Motion was made by Morrow and seconded by Alidjani to hold a Special
Meeting on April 25, 1985 at 7:30 p.m. to consider Findings of Fact and
Conclusions on Claremonts request.
Motion Carried: All Yea:
Chairman Spencer excused anyone who wished to leave.
MERIDIAN P & Z. • •
APRIL 8, 1985
PAGE # 5
ITEM # 2: Public Hearing: Comprehensive Plan Amendment proposed by the
Planning & Zoning Commission:
Chairman Spencer opened the Public Hearing and advised the public that
since this Amendment was proposed by the Planning & Zoning Commission
there would no one presenting the Amendment. Chairman Spencer advised
the audience that all the hearings would be conducted under the provisions
of City Ordinance #446.
Mr. Lance and Mr. Foley who had signed up to testify at this hearing both
announced that being they had testified during the previous hearing they
would pass their testimony.
Bob Davis, 6631 Hummel Drive, Boise, Idaho:
Mr. Davis was sworn by Chairman Spencer:
Mr. Davis, my business will be affected by a shopping mall, increase
competition does not bother me, I welcome the opportunity to compete.
If they fail then they will fail no matter where the mall is. No matter
where the location, it will take the same amount of water, sewer and
services, the only difference is the response time, this is not sign-
ificate. We need a Regional Shopping Mall in Meridian, don't care where
the location is. I would love the competition, we have been talking
about the subject for so long, lets get it going.
Chairman closed the Public Hearing, any comments from the Commission?
There were none.
The Motion was made by Morrow and seconded by Cole to instruct the City
Attorney to prepare Findings of Fact and Conclusions on the Comprehensive
Plan Amendment as proposed by the Planning & Zoning Commission.
Motion Carried: All Yea:
The Motion was made by Morrow and seconded by Johnson that Findings of
Fact and Conclusions reflect recommendation of approval by the City
Council.
Motion Carried: All Yea:
The Motion was made by Morrow and seconded by Cole that these Findings
be included at the Special Meeting scheduled for April 25, 1985.
Motion Carried: All Yea:
Item #3: Public Hearing: Amendments to the Zoning & Development Ordinance
as proposed by the Planning & Zoning Commission.
Chairman Spencer opened the Public Hearing. The was no testimony on this
item, Public Hearing was closed.
The Motion was made by Alidjani and seconded by Morrow to have the City
Attorney prepare Findings of Fact and Conclusions on the amendments to
the Zoning & Development Ordinance as proposed by the Planning & Zoning
Commission.
MERIDIAN P & Z. •
APRIL 8, 1985
PAGE # 6
Motion Carried: All Yea:
•
The Motion was made by Morrow and seconded by Johnson that the Findings
reflect recommendation of approval to the City Council.
Motion Carried: All Yea:
Item #4: Public Hearing: Request for a Conditional Use Permit by Russell
Martensen for a Mobile Home Sales Lot:
Chairman opened the Public Hearing.
Russell Martensen, 6949 Grunder, Boise, Idaho:
Mr. Martensen was sworn by Chairman Spencer:
Mr. Martensen, I am seeking approval for a permit to operate a Mobile
Home Dealership across from the Meridian Speedway on the North portion
of the John Dobaron property. I have been in business for five years
and believe this is a good location located between Boise & Nampa.
Chairman Spencer, any questions of the Commission?
Morrow, have you addressed the comments made by Nampa -Meridian Irrigation
and Mr. Earl Ward and the City Engineer:
Mr. Martensen, I have not seen these comments, would like to look these
over and get back to you, but will comply with the regulations.
There was no other testimony, public hearing was closed by Chairman Spencer.
Morrow, this does make good sense, good location, good half -way point,
should generate some business.
The Motion was made by Morrow and seconded by Alidjani to have the City
Attorney prepare Findings of Fact and Conclusion on the request for a
Conditional Use Permit for a Mobile Home Dealership by Russell Martensen
with the stipulations of Earl Ward, City Engineer and Nampa -Meridian
Irrigation.
Motion Carried: All Yea:
The Motion was made by Alidjani and seconded by Morrow that Findings
reflect recommendation of approval to the City Council for the Conditional
Use Permit.
Motion Carried: All Yea:
Chairman Spencer, announced Item #6 would be brought before the Commission
and Item #5 would be left to last.
Item #6: Findings of Fact and Conclusions on Annexation & Zoning with a
Conditional Use Permit for Leroy Fenstermaker.
MERIDIAN P & • •
APRIL 8, 1985
PAGE # 7
Chairman Spencer, any comments or questions of the Commission?
Johnson, in #18 of the conclusions it states applicant shall be
required to make annual report to the City and mail copies therof
to the property owners within 300 ft. Why the extra burden on the
applicant? Why not just to the City? There was discussion on this
item.
The motion was made by Johnson and seconded by Morrow to delete the
requirement of the mailing of copies to the property owners within
300 feet.
Motion Carried: All Yea:
The Motion was made by Morrow and seconded by Johnson that the Meridian
Planning & zoning hereby adopts and approves the Findings of Fact and
Conclusions on the Fenstermaker request as prepared by the City Attorney
with the deletion of the requirement that annual report be mailed to
property owners within 300 feet.
Motion Carried: Cole, Yea: Shearer, Absent: Johnson, Yea: Alidjani, Yea:
Morrow, Yea:
The Motion was made by Johnson and seconded by Alidjani that the Meridian
Planning and Zoning Commission hereby recommends to the City Council
that the Fenstermaker annexation and zoning request be granted and that
the Applicant's request for a conditional use be considered after due
consideration by the Council of the Applicants' request for a variance.
The Commission makes no recommendation on the variance but if granted
the Commission recommends approval of the Conditional Use Permit, how-
ever, conditional as stated in the Findings of Fact and Conclusions.
Motion Carried: All Yea:
Item #5: Public Hearing, Annexation & Zoning Request by Moe Alidjani:
Chairman Spencer opened the Public Hearing and advised there would be
a three minute time limit on the speakers under the provisions of City
Ordinance #446.
Spencer, the Commission has received two items of written testimony to
be entered into the record which I will do at this time. (Copy of this
testimony attached to these minutes as Exhibit B)
Mohamad Alidjani, 2023 Turnberry, Meridian, Idaho.
Mr. Alidjani was sworn by Chairman Spencer.
Mr. Alidjani, some of us have business which no one likes to have next
door or next to their house, somewhere we have to go with our business
I have located apiece of property, it is eleven acres, it does have
some problems, ingress and egress, really you can not do anything with
that piece of property, basically that was our concern and I am
trying to develop the property to Industrial Business Park. Of course
the name or the nature of the business might not be to presentable
or some people might not like to talk about it. I would be very glad
MERIDIAN P & •
APRIL 8, 1985
PAGE # 8.
to explain what I have planned for this property. You keep your
garbage in your cans for one week, I dump them and garbage would
not stay in my trucks for more than 24 hours. I assure you we try
to keep a clean type business. At present time I am located next
to residential area and the, only thing they have against me, is
the fact that my trucks are in the area, they do not have anything
against my business. What I plan for the property is to maybe get
some different entrances and have a decent Industrial Park with
maybe a mechanics shop, maybe a transfer station, which I don't
know if you understand what a transfer station is or what they do.
What a transfer station is,is nothing more than box to box transfer
of trash. Transfer station is transfering trash from one unit to
another, not piling trash up and letting it set.
Chairman Spencer, any questions of the Commission?
Cole, this will allbe done inside of a building?
Alidjani, Yea:
Morrow, do you have any problems with the recommendations that have
been submitted?
Alidjani, No problems with comments or recommendations.
Johnson, for my own information what will you actually do with the
trash, how long will it be there, etc. ?
Alidjani, probably not more than 24 hours before it is taken to the
land fill. Trash would be hauled in here and transferred to larger
unit and hauled to landfill.
Johnson, why is this done , what is the advantage?
Alidjani, the advantage I have is it is 32 miles roundtrip to the
landfill, it is more cost efficient as far as fuel and maintenance
are concerned only to make one trip rather than four or five trips
per day.
Morrow, do you think this will in the long term have an effect on
trash rates, would this forstall increase or make increases less?
Alidjani, if the transfer station works, I feel it would have some
effect on the trash rates, could have positive effect on rate incr-
eases in the future. For your information they do use chemicals and
daily washing in transfer station to keep clean and control odors.
Richard Parcells, 1095 No. Locust Grove , Meridian, Idaho.
Mr. Parcells, was sworn by Chairman Spencer:
Mr. Parcells, first off I wish to say this is my first visit to the
Meridian Planning & Zoning and if such poor plans are to come out of
these meeting as the one as Mr. Alidjani has brought up here, then
MERIDIAN P& Z • •
APRIL 8, 1985
PAGE # 9.
this will definitely not be my last. Anyone who lives in the neighbor-
hood knows the amount of traffic we have on Locust Grove Road and
this is going to complicate the problem, would be dangerous situation.
This is a neighborhood,I am sure the residents would like to keep it
a neighborhood, I do not believe a trash site or whatever you want to
call it belongs in our neighborhood, I believe my neighbors feel the
same way. I am against this and will fight approval of this.
Johnson, where is your property on this diagram?
Mr.Parcells,indicated his property on the diagram.
Johnson, are in the City Limits?
Parcells,no.
Johnson, the reason Mr. Alidjani does not pickup your trash now is
because you are not in City Limits.
JoAnne LaCasse, 1215 No. Locust Grove Road, Meridian, Idaho
Ms. LaCasse was sworn by Chairman Spencer.
Ms. LaCasse, right up the street from me, I live next to Mr.Parcells,
I have a junk car lot and a drive-in theater and it is so loud we can
not sleep to four o'clock in the morning and I was wondering what kind
of noise this conveyor or grinder or whatever would make the noise
worse in the neighborhood, I am also wondering if my property is zoned
Industrial.
Spencer, You residents are not in the City as yet but the Comprehensive
Plan for that area is Light Industrial.
Ms. La Casse, I am against this request:
Loren Hornbaker 1190 N. Locust Grove,Meridian, Idaho 83642:
Mr. Hornbaker, was sworn by Chairman Spencer:
Mr. Hornbaker, why can't this go into one of the Industrial Parks, what
are their restictions on this type of operation in their park.
Alidjani, they have no restrictions, it is just the price of the prop-
erty, and I can not afford that kind of price.
Hornbaker, being one of the land owners, I feel it will decrease the
value of my property immensely if you come into our area, if it were
a Light Industrial business like the Tool Company on the corner I
would favor it. You can't tell me a person is going to take a build-
ing enclosed, transfer garbage that has been around for a week and
live with it in that building, work with it without having the windows
or doors have the stench go out to the neighborhood.
Morrow, are currently in the City Limits? I take it you are opposed
to this?
Hornbaker, No to the first question, yes to the second question.
MERIDIAN P &Z •
APRIL 8, 1985
PAGE # 10
Vera Hornbaker, 1190 North Locust Grove, Meridian, Idaho
Mrs. Hornbaker stated her husband had voiced her opinion.
Betty Wolfe, 1470 North Locust Grove, Meridian, Idaho
Mrs. Wolfe, Mr. Hornbaker has voiced my opinion.
Morrow, Mrs. Wolfe are you in the City Limits?
Mrs. Wolfe, no.
•
Blanche Wolff, 1030 North Locust Grove , Meridian, Idaho :
Mrs. Wolff was sworn by Chairman Spencer:
I have a petition that has fifty signatures on it that I would like
to read, We the undersigned, who are residents of the East Pine, North
Locust Grove, East Fairview area, oppose the zoning request presented
by Mohammad Alidjani for the portion of S� of the NW; of Section 8, T.
3N.,R.lE., Boise -Meridian, Ada County, Idaho, also known as : 1740 E.
Pine Street, Meridian, Idaho, on the short term grounds that the pro-
posed use of that property would and could drastically affect the
quality of life and livability due to possible odor and noise from
garbage trucks and transfer operations as well as increased truck
traffic on connecting roads. In the long term such a business could
reduce the alternative uses for which our parcels of land might be
used, thereby deprive us, the undersigned, the right of choice to
secure the best and most profitable use of our land. Petition was
presented for the record. (Petition on file with these minutes as
Exhibit C).
Morrow, do you know how many of the people who signed the petition
live in the City Limits?
The answer was none.
Johnson, the fifty signatures, do you know how many residents that
represents, are there more than one signature at an address?
Mrs. Wolff, yes, there are husband & wife signatures.
Johnson, more like twenty five different residents then?
Mr. Johnson's question was not answered.
Gary Haar, 1280 North Locust Grove, Meridian, Idaho.
Mr. Haar, I will pass,what has been said is pretty much what I would
say.
Chairman Spencer, that is all the people I have signed up to testify
does the Commission wish to question any of the people who testified?
There was no response from the Commission. Chairman Spencer closed the
public hearing.
MERIDIANP &Z • •
APRIL 8, 1985
PAGE # 11.
Morrow, it seem. to me what needs to be done here is we need some study
work done by Mr. Alidjani in terms of, obviously there is a neighbor-
hood problem, and I think some of those issues need to be addressed.
It seems to me some studies should be in order in terms of traffic,
some study should be done in terms of odor problems, the distance
these homes are from the proposed site. It seems to me at this point
Mr. Alidjani you should give us some more data, by which we can make
a decision.
Johnson, I think what Mr. Morrow is saying, in lite of the opposition,
and there is a lot of opposition, I think what he suggesting is not
presenting this information now, but tabling this matter and trying
to answer these questions after some study has been done, I don't feel
in my mind that I can resolve the issue tonite. It is obviously a very
controversial thing and so I can'make a decision now, I want to go
out there and see the location of all the property and get a better
feel for the property rather than look at the map.
Mr. Alidjani, informed the Commission that the property located South
and East of this property was zoned Industrial and this property was
adjacent to the property on the East. That this property could be
considered a landlocked Industrial piece of ground..
Morrow, with respect with what Mr. Johnson is stating, I also feel
uncomfortable trying to render any kind of decision on this tonite.
Cole, I was wondering if maybe we could not get some of the answers
to these questions and include it in a special meeting, have him do
some research, maybe get some information from other locations, get
some stat_ments from them, maybe notorized statements from adjacent
property owners, some information as to how their operation works,
what their problems are. --
Morrow, in a Industrial Zone a solid waste transfer station is a
permitted use, if he wished to buy a lot in an Industrial Park or
some other property that was zoned industrial that is directly across
the street from some of you now, that is already zoned, he could
start building the station tomorrow, he would not have to go through
this process, I think you should bear this in mind.
The Motion was made by Morrow and seconded by Johnson to table the
application by Mr. Alidjani for Annexation & Zoning until the regular
meeting in May, 1985.
Motion Carried: Morrow, Yea: Johnson, Yea: Cole, Yea: Alidjani
abstained.
Being no further business to come be£oxr the Commission the Motion was
Made by Johnson and seconded by Morrow to adjourn at 9:35 p.m.
Motion Carried: All Yea: (TAPE
ATTEST:
If
Ja k Nie ann, City Clerk
ON FILE OF THESE PROCEEDINGS)
APPROV
, C_�Z_
BO S ER, CHAI
NOTICE OF PUBLIC IIEATZIN17A
:^
F
NOTICE IS HEREBY GIVEN that the Planning and Zoning GoMission
of the City of. Meridian will hold a public hearing at 7 3h' o'clock
P.M.), on April 8, 1985, ;at the 21eridian primary School, 48-W. StateA-"
Avenue, Meridian, Idaho, for the purpose of considering the
r
amendments proposed by the Planning and Zoning Commission to amend"
the Comprehensive Plan of the'City of Meridian. The Planning and
Zoning. Commission's 'proposed amendments to chancre the Comprehensive_
"
Plan, in summary,,are;:
1) -Generally, to remove some specific site designation's "
from the Plan such' that specific sites for development'.
would be dealt with by the zoning ordinances;such as
removing the now existing designations of a regional
shopping center at the northeast quadrant of the
intersection of ;Meridian Road and 5-84 and the
designation of community shopping center'at:Fairview
Avenue and the north end of East First 'Street. such::
chances would include changes to the Policy Diagram
and text revisions;
2) To add effect on air quality to the development
standards for commercial activity: centersP
3) _ To remove .from the policies for a ' regional shopping
center the environmental.impact analysis procedure;
4) To re-organize the section on commercial activity
centers and the language pertaining to each sue', type
as a Commercial twit
a-ctivity and to add Old .own m. y
Center;
5) To remove the regional" shopping, center and,,xieighborhood
shopping center from the arterial transportation
concept Plan and to remove the o.specific frontage
roads along I-34 between Eagle Road: and Meridian Road
j.
and Meridian Road and men "dile Road;
i.
h) To remove the cornon the extension or.straighening�
of Locust Grove -oad between Fairview avenue and.
'
AMBROS
FITZGfRALD
Franklin Road;
+ �
S CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian. Idaho
83842
;?
Telephone 888.1481
J,
7) To make the Rural'�rea portion of the Plan coincide
with the Area of Impact Agreement between the City of
Meridian and Ada County; ,
3) To remove Sanitary Services, Inc. and Boise-Ada Disposal
as the designated solid waste contractors;
9) To change the community Urban Service planning Area
ass shown on page �.6 of the Plan to conform to the ex-
s ing Urban Service Planning Area;
.10)` To remove the reference on page 72 to the Ada Planning
Association membership;
j
_ r
rn� the designation throughout the Plan
. ,cYance
rec,ardiriq the Interstate from "I-34N" to "T=3 -"
This hearing is being held pursuant to Title 67, Chapter' 65
Idaho Code, the Revised and Compiled Ordinances, of the City of
Meridian, and the Meridian Comprehensive Plan. Ani and all inter-
ested persons may testify or present documentary evidence. A more
detailed listing and description of the proposed amendments
involved is on fide in the City Clerks office and is available for
inspection.
j7h day of March, 1935. -
DATED thiV
Jack Niemann, i y Clerk
AMBROSE,
FITZGERALD
6 CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83842
Telephone 8884481
JAMES W. KISER
ATTO2\EY AT LAH'
6000 FAIRCIFIP AVIt.
'FAIR%IFW Al MT\.%11:N DR,)
BOISE. IDAHO 83706
2O6 376-3100
April 8, 1985
Meridian Planning & Zoning Commission
Meridian City Hall
Meridian, Idaho 83642
Re: Proposed Amendments to Meridian Comprehensive
Plan to allow a Regional Shopping Center at
Eagle Road and I-84.
Sirs:
I write to you as the attorney for Simida Corporation (a
subsidiary of Melvin Simon & Associates) and Glenbrook Properties
(a subsidiary of the R. T. Nahas Company). As you know, these two
entities jointly own the Regional Shopping Center Site located at
Meridian Road and 1-84.
Except for a variation in the annexation route to the Eagle Road
site, this application for Comprehensive Plan Amendments and
Annexation of the Eagle Road Site is nearly the same application
as filed by Quong-Watkins Properties in 1981 and denied by the
Meridian City Council two years later, on March 7, 1983.
This letter is to protest in writing the Proposed Amendments to
the Comprehensive Plan. For purposes of this protest and in
support of this protest, my clients hereby incorporate all of the
record, testimony, evidence and exhibits which were introduced
into the Quong-Watkins hearings during 1981 and 1982 and hereby
make that body of material part of the record for this hearing.
Especially to be included in this record for the hearing to be
held April 8, 1985, are the Findings of Fact and Conclusions of
Law as adopted by the Meridian City Council on March 7 , 1983.
Since nothing significant has changed regarding the Eagle Road
site other than the names of the players, it is respectfully
submitted that this Application should be denied as the preceeding
application was de ni d.
Sinc rely,
7aimes W. Kiser
/WK: jt
EXHIBIT "A" ✓\� /
E
City of Meridian
Planning and Zoning Commission
Mr. Jack Nieman, City Clerk
Meridian, Idaho 83642
Honorable Sirs:
Dona R. Miller
6815 W. Vernon Av.
Phoenix, Az. 85035
Concerning the Public Hearing regarding the application of Mr.
Mohammed Alidjani for annexation and zoning of the real property,
located at 1740 E. Pine St., Meridian, Idaho; generally described as
a portion of S 1/2 of AW 1/4 of Sec. 8, T 3N., R. 1E., Boise -
Meridian, Ada County, Idaho.
Said purpose of which is to build a waste treatment plant or
pumping station. Our property, generally described as a portion of
the S. 1/2 of the NW 1/4 of Sec. 8, Township 3N, Range lE, Boise -
Meridian, Ada County, Idaho. More particularly described as follows:
Beginning at the brass cap marking the SW corner of the said NW 1/4
of Sec. 9, thence: 0
North 88 57'50" East (formerly described as N 8900' E in Instrument
No. 756596) 687.40 feet along the Southerly boundary of the said S
1/2 of the NW 1/4 of Sec. 8, which is also the center line of E. rine
St. to an iron pin, thence:
North 0°41'00 W. 350.00 feet along a line Easterly of and parallel
to the dresterly boundary of the said NW 1/4 of Sec. 8, to a point,
also said point being the REAL POINT OF BEGINNING, thence:
North 0°41'00" West 208.71 feet along a line Easterly of and parallel
to the said Westerly boundary of the NW 1/4 of Sec. 6 to a point,
thence:
North o9°19' East 20b.71 feet to a point, thence:
South 69019' West 20--.71 feet to a point, thence:
South 0°41'00" East 201,.71 feet along a line Easterly of and parallel
to the said Westerly boundary of the NW 1/4 of Sec. 8 to the POINT OF
BEGi N-ING.
Said ;:roperty more generally known as 1800 E. Pine St.
In other words, right in the middle of the property in question.
A rezoning of the said property for Mr. Alidjani for stated purpose
of locating a waste treatment plant or pumping station will be by
its ver; nature make the value of the property it surrounds "go down
the toilet", in a manner of speaking.
EXHIBIT "B" (1)
rir. Alidjani and the City of Meridian have nothing to loose
by this rezoning, Mr. Alidjani makes a profit, and the City of
ieridian gains an industrial Sewage Facility, of which the useage
fees would gc on into the next century. Mr. and Mrs. Donald R. Miller
loose the value of their investment of said 1800 E. Fine St.
As the nature of said property, located at 1800 E. Pine St.,
is Residential, it is our belief that the members of the Planning
and Zoning Commission can come to the same conclusion as we did.
We would not want to have to try and sell our property that would
have as its nearest neighbor, a sewage processing station, which
would become public knowledge as soon as the surrounding property is
rezoned and construction begins.
This letter is not to say we are against rezoning of Mr.
Alidjani's property, because the City of Meridian, of the County of
Ada, and the State of Idaho would claim right of eminent domain, and
in all probability condemn said residential property to get the much
needed waste treatment facility for the eastern section of the
industrial impact area of Meridian. All that we are asking is that
some consideration be given, by the powers that be, to help in
disposing of said property to clear the way for progress that is
much needed in the impact area.
Sincerely sours,
Mr, and Mrs. Donald R. Miller
DRM:kjQ:
cc Tom Clark G.R.I.
Wright Patterson Real Estate
Meridian, Idaho
file
0 0
April 8, 1985
Meridian Citv Council
Meridian, ID 83A42
We are owners of 20 acres near the pronosed
sight for the solid waste transfer denot.
We feel that such a project 4n the Proposed
area would not be conduc-ive to good planning
for East Meridian citv limits or of anv ben-
efit to anv land owners in the area.
We would like to eo on record onnosing the
construction of the solid waste transfer denot
in the area that is requested.
Sincerely,
Harr`?_ -Jensen
Mary Jensen
2075 East Fairview
Meridian, ID 83642
EXHIBIT "B" (2)
,e un un, >rsi.:mC., w' o z ,i;s o' Ur t line, ii orth LocuCt
rove, t.st irviet xew, c;;r,oN tr.e zoncin,; Coqu prcNcnluod by
..ioham,nae :=lidjrri for thc of a o:"L... tJ, 4 of suction 8, x.
jj�., t{. 1L., 1i01:ie !eriCtl _iu Fi i)OU..n-LJ, 10. 'Lo, also Iiio-,,;l 1740
..,• rine St. Idaho,on silor t t' - "-_'t -...
i O 70Seu.
U!,-, O "o P_u `op,',r UY ..0 -';Id Jr coll1G i.l :_., ::icy.. !I-, -C t'
:allLJi Ji i'_"c az, 11vabi,_'Cy due t Joz. 1ble odor u.�li:.
bU "e true .s U_.d the, tra _sfor u ;ler,_ Li-,iis ell as -'271c-0 .e;ou
bu- b
truci._ tr 1.:':Lic on rho roads. irl 1011 1 tern LL
U'1u -71eSS CU X11 �?C _C -hilt .]. GJ'"V LiVc J��.?8 ., 0t ll!_.icn our })"YYC C1S :ii
limo t "__gib oe (:, Lhc'_..-oby 1 � aS, U J .t_L_.. }'1HC, L.__ ri
%�q Jb'1 �(f�CG(GUQ Ie73S 67S
6- 4jLA-
IZ
� l
eAzz
✓s/eIt,
/y-'�''�—L�-'mac'-� � ��fis*-ws-rtr�Z 1 7 �f � ��J� j/ / ✓L-� ,C
Y i, 1
N
J
�N
i
--e_ Ct"L.92-zv
8�•
8a/
8<1.
C1:Y COUNCIL and PLANNING and ZONING
• City of Meridian
Ada County, Idaho
ORDINANCE 446
VERBAL TESTIMONY of SPEAKERS at PUBLIC HEARING
SIGN-UP SHEET
nV.:N'liiN i°;li: T G,d "S rTF T;i3Y 'T3H 'i a•'3tii::
PRINTED NAME SIGNED NAME RESIDENTIAL ADDRESS TO SPEAK
YES NO
IN
ipallm
i
!. .. � :
r. i 1 mss, � i .� ►. �
1 inr
SM
it
WAFm
��m
0
April 8, 1985
JAMES W. KISER
ATTORNEY AT LAW
6000 FAIRVIEW AVE.
(FAIRVIEW AT MTN. VIEW ORI
BOISE, IDAHO 83706
206 376-3100
Meridian Planning & Zoning Commission
Meridian City Hall
Meridian, Idaho 83642
Re: Proposed Amendments to Meridian Comprehensive
Plan to allow a Regional Shopping Center at
Eagle Road and I-84.
Sirs:
I write to you as the attorney for Simida Corporation (a
subsidiary of Melvin Simon & Associates) and Glenbrook Properties
(a subsidiary of the R. T. Nahas Company). As you know, these two
entities jointly own the Regional Shopping Center Site located at
Meridian Road and I-84.
Except for a variation in the annexation route to the Eagle Road
site, this application for Comprehensive Plan Amendments and
Annexation of the Eagle Road Site is nearly the same application
as filed by Quong-Watkins Properties in 1981 and denied by the
Meridian City Council two years later, on March 7, 1983.
This letter is to protest in writing the Proposed Amendments to
the Comprehensive Plan. For purposes of this protest and in
support of this protest, my clients hereby incorporate all of the
record, testimony, evidence and exhibits which were introduced
into the Quong-Watkins hearings during 1981 and 1982 and hereby
make that body of material part of the record for this hearing.
Especially to be included in this record for the hearing to be
held April 8, 1985, are the Findings of Fact and Conclusions of
Law as adopted by the Meridian City Council on March 7 , 1983.
Since nothing significant has changed regarding the Eagle Road
site other than the names of the players, it is respectfully
submitted that this Application should be denied as the preceeding
application was deni d.
Sinc rely,
s W. Kiser
:jt
Q���
l
n �/
Donald R. Miller
6815 W. Vernon Av.
Phoenix, Az. 85035
City of Meridian
Planning and Zoning Commission
Mr. Jack Nieman, City Clerk
Meridian, Idaho 83642
Honorable Sirs:
Concerning the Public hearing regarding the application of Mr.
Mohammed Alidjani for annexation and zoning of the real property,
located at 1740 E. Pine St., Meridian, Idaho; generally described as
a portion of S 1/2 of NW 1/4 of Sec. 8, T 3N., R. 1E., Boise -
Meridian, Ada County, Idaho.
Said purpose of which is to build a waste treatment plant or
pumping station. Our property, generally described as a portion of
the S. 1/2 of the NW 1/4 of Sec. 89 Township 3N, Range 1E, Boise -
Meridian, Ada County, Idaho. More particularly described as follows:
Beginning at the brass cap marking the SW corner of the said NW 1/4
of Sec. $, thence: 0
North 88 57'50" East (formerly described as N 8900' E in Instrument
No. 756596) 687.40 feet along the Southerly boundary of the said S
1/2 of the NW 1/4 of Sec. 8, which is also the center line of E. Pine
St. to an iron pin, thence:
North 0041'00 W. 350.00 feet along a line Easterly of and parallel
to the Westerly boundary of the said NW 1/4 of Sec. 8, to a point,
also said point being the REAL POINT OF BEGINNING, thence:
North 0041'00" West 208.71 feet along a line Easterly of and parallel
to the said Westerly boundary of the NW 1/4 of Sec. 8 to a point,
thence:
North 89019' East 208.71 feet to a point, thence:
South 89019' West 208.71 feet to a point, thence:
South 0041'00" East 208.71 feet along a line Easterly of and parallel
to the said Westerly boundary of the NW 1/4 of Sec. 8 to the POINT OF
BEGINNING.
Said property more generally known as 1800 E. Pine St.
In other words, right in the middle of the property in question.
A rezoning of the said property for Mr. Alidjani for stated purpose
of locating a waste treatment plant or pumping station will be by
its very nature make the value of the property it surrounds "go down
the toilet", in a manner of speaking.
0 0 -2-
Air. Alidjani and the City of Meridian have nothing to loose
by this rezoning, Mr. Alidjani makes a profit, and the City of
Meridian gains an Industrial Sewage Facility, of which the useage
fees would go on into the next century. Mr. and Mrs. Donald R. Miller
loose the value of their investment of said 1800 E. Pine St.
As the nature of said property, located at 1800 E. Pine St.,
is Residential, it is our belief that the members of the Planning
and Zoning Commission can come to the same conclusion as we did.
We would not want to have to try and sell our property that would
have as its nearest neighbor, a sewage processing station, which
would become public knowledge as soon as the surrounding property is
rezoned and construction begins.
This letter is not to say we are against rezoning of Mr.
Alidjani's property, because the City of Meridian, of the County of
Ada, and the State of Idaho would claim right of eminent domain, and
in all probability condemn said residential property to get the much
needed waste treatment facility for the eastern section of the
industrial impact area of Meridian. All that we are asking is that
some consideration be given, by the powers that be, to help in
disposing of said property to clear the way for progress that is
much needed in the impact area.
Sincerely Yours,
Mr. and Mrs.
DRM:kjm
cc Tom Clark G.R.I.
Wright Patterson Real Estate
Meridian, Idaho
file
Y, i
Donald R. Miller
0
April 8, 1985
Meridian City Co it
Meridian, ID 83 42
We are owners f 20 acres
sight for the olid waste
l
Y y,
1.
near �he proposed
transfer depot.
We feel that such a project in the proposed
area would not bei e to good planning
for East Meridian city limits or of anv ben-
efit to any land owners in the area.
6
We would like to go on record opposing the
construction of the solid waste transfer depot
in the area that is requested.
Sincerely,
Harr ensen
Mary" Jensen
2075 East Fairview
Meridian, ID 83642
=.
NOTICE OF PUBLIC HEARIN
41
NOTICE IS HEREBY GIVEN that the Planning and Zoning Commission
of the City of Meridian will hold a public hearing at 7:30 o'clock
p.m. on April 8, 1985, at the -Meridian Primary School,. 48 W.' State
Avenue, Meridian, Idaho, for the purpose of considering the_
amendments proposed :by the Planning -and Zoning Commission to amend
the Zoning Ordinance of the City of *Meridian.: The Planning and `
Zoning Commission's proposed amendments to change the Zoning
Ordinance, in summary, are:
1) To change the definitions of.Neighborhood Shopping
Center, at page 16, Community, Shopping Center, at
page 8, Regional Shopping Center, at page 20, to add
a, or expand the, square footage requirements;
2) To add to.the Zoning Districts described on pages 37
through 40 a Regional Shopping Center,T)strict which
would be the only .zoning district where a regional
shopping center could be located;
3) To change the Zoning Schedule-.. of Use Control,
Residential, Commercial and.Industrial, on pages
41 through 46, to reflect the new done district of
Regional Shopping Center District and to designate
what uses can be located in that zone;
4) To change,the Zoning Schedule of Bulk and Coverage
Controls on page 47, to reflect the new zone district
Regional > Shopping Center District and to -'designate
the bulk and coverage requirements for that district;
5<) To change` the Legend for Zoning Maps on page 92 to
reflect the addition of the new. -Regional Shopping
Center Zone;
6) To change the mailing requirement for a zoning
amendment application such that .a certified mailing
to property owners within 300 feet of the land being
considered shall only be required at the Planning and.
AMBROSE,
FITZGERALD
Zoning Commission leveland the mailing at the Council
&CROOKSTON
Attorneys and
r e
Counselor
P.O. Box 427
Meridian, Idsho
83842
Telephone 888.4461
AMBROSE,
FITZGERALD '
Q CROOKSTON
Attorneys and
Counselors
P.O. Box 421
Meridian, Idaho
83042
Telephone 888.4481
level shall be acdompli'shed by ordinary first class mail
with a verification of mailing, under oath, as to who �h
the mailinq was sent toandtheir respective addresses`.
7) To add a .statement in section 11-2--407 that indicates
that while new development in -Old Town requires a
Conditional Use, there are many uses in Old Town which
are recognized and may not need'a Conditional Use;
8) .`,To make several specific changes in the zoning maps
regarding zone changes that have been approved by, the
:City but for which an ordinance amending the maps
has not previously been adopted or the change was not
made when the Zoning Ordinance was passed., as follows.:
Lot:
Lot Blk 1, Lot 1. Blk 2, S 40 feet of T,ot 2,
Blk 2 of Teddy Subdivision
From R-4 tO (C -N)
b) Lot 1-5 Blk 2, Bowd i Amended .Addition
Lot 1-6, Blk 8 Bowens Second Addition
From Commercial to Old Town
c) N 250 feet. of the Thromburg:-Gentry-Lane
Annexation
From R-8 to (C -G.
d) Lots 16 & 17 Blk 2, Bowers Addition
From Old Town to C -Z1
e). That portion of the Gentry Property North of Five
*file Creek which Gentry Property was included in
the Throinburg-Gentry-Lane Annexation
From R-8 to (C-(3)
f) 162.5 W. Pine
From P-4 to Limited Office
g) 540 W. Cherry Lane
From R-4 to Limited Office
9) To.add a new section to the .Zoning,Ordinance entitled k
"Site Planning Review" which will be known as Section
11-2-424 and which will -generally allow the City to
AMBROSE;
FITZGERALD
B CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, ldsho
83842
Telephone 888441
II •
•
require, in its discretion, that -the -proposed use or
development of any parcel of, land undergo a site plan M°
review before, during, or at the end of construction;
Pd TICE 1T.S FURTHER GIVEN as above stated that the Planning and
Zoning Commission.will hold a hearing directly after the one
noticed above and at the same location concerning.the Planning and
Zoning Commissions proposed amendments to :the Meridian Subdivision
Ordinance which Subdivision Amendments, in summary, are as follows:
1) To amend Section 11-9-604 I 1. to require that any
extension of time to record a final plat. must be
requested by the applicant and the request for
extension must be filed before the original one year
period expires;
2) To amend Section 11-9-606 B. 13 . , Street' Lighting, to
co-ordinate Meridian's street lighting requirementsto
is on file at the meridian City Clerks office and is
available for inspection;.
3) To amend Section 11-9-604 A, Subdivision Approval
Required, to add a new paragraph dealing .with the
subdivision or resubdivision of lots located in a
pre-existing and recorded subdivision,notwithstanding
-the definition of Subdivision contained in 11-2.-403 B.
This paragraph would allow,`at'the discretion of the
City, re -subdivisions of an exisiting platted and
recorded subdivision without meeting all the requirements .
of the Subdivision Ordinance, specifically in the case
of commercial and industrial subdivisions;
Thesehearings are being held pursuant to-Title.67, Chapter 65
Idaho Code, the Revised and Compiled Ordinances of the City of
Meridian. Any and all interested persons may te8ti:fy or present
documentary evidence. A more detailed listing and description of
the proposed amendments involved is on file in the City Clerks offic
and is available for[ inspection.
�f_?
DATED this/ day of *March, 1985.
PLANNING AND Z.ONI r' C"MISSION'S.
APPLICATI-0I1 TO AT'TEN'D THE ZONING ORDINANCE AND
SUEDIVIST'ON -ORDINANCE OF THE CITY OF MERIDIAN
The Meridian Planning and Zoning Commission proposes to amend.
the Zoning Ordinances of.the City of Meridian as is more particular
set forth below, which amendments will be both textamendments and
zoning; map amendments. The general purpose of theproposed amend-
merits is to create a specific zoning district for a regional-shoppi
g
center and remove the capability of building a regional shonpinc,
r ,#.
center;in the C -G, General Retail and Service Commercial district.
Additionallj, the purpose of the proposed amendments is to
expand the gross floor space standards in the definition of
Neighborhood Convenience Center and the Community Shopping Center
t
and to insert a minimum gross floor space in the definition of
regional shopping center. There will also be specific changes to
the Zoning Schedule of Use Control, the Zoning Schedule of Bulk
and Coverage Controls, and the Legend for Zoning Mats, to _reflect
~.
the above changes in the Community Shopping; Center and-Neighborhodd
Convenience Center, Regional Shopping Center definitions and`the
4.
addition of the Regional Shopping Center District.
Also, the amendments include specific changes to the zoning..,
mans for some specific parcels of.Droperty. These changes are
housekeeping necessities as the parcels were either not correctly
r.
shown on the zoning maps as adopted in April, 1984, or a request ha
been made to rezone the parcel and no zoning amendment ordinances
3
AMBROSE,
FITZGERALD
scRooKSTON
has yet been adopted. The specific ;parcels 'as reflected in the
Attorneys
Counselors etora
detailed amendments set forth below.
`
P.O,,iitlx 427
''Meridian, Idaho
,
83842
:TaIeplXoee8B644i
PA(;E l
r
1
The proposed amendments would be incompliance and will dove-
tail tole 'amendments to the Meridian Comprehensive Plan which have
also lzeen 'proposed by the Meridian planning and Zoning"Commission.
The,.ather,requirements of a zoning amendment application
required ��p ll -2-L6 C of the Revised and Compiled Ordinances of th
Cit of Meridian are not addressed as the amendments relate to the
text of the Zoning Ordinances and do not deal with specific parcels
of property.
The Amendments are as'follows:
1.) 11-2-403 B DEFINITIONS
a. Page 8, Community Shopping Center (COM_1E.RCIAL)
This definition should be'amended to read as follows:
11C01MI NITY SHOPPINC CENTER (CQW1 ERCIAL)--
shopping center the size of'whidh generally falls
between neighborhood and regional shopping., centers.
Generally '100,000-400,000 square feet of gross
floor space on a site of 8 to 30 acres.
b. Page 16 , Neighbokhoad Convenience Center (CO114Ep.CIAL)
This definition should be amended to, read as follows
"NEIGHBORHOOD CONVENIENCE CENTER (COT.IMERCIAL--
A s opping center having approximately 3r,000 to
200,000 square feet of gross floorspace and on
a site of approximately 4 to 3 acres of land. It
would provide for the sale of convenience goods
hb
AMBROSE,
FITZGERALD
S,CROOKSTON
Attorneys and
Counselors
P.O. Boz 427
Merldlen, Idaho
83842
Telephone 8881
(food, drugs and sundries) and personal neigor-
hood services for the'day-to-day living; of the
immediate neighbor -hood within which it is located."
C. Page 20 Regional Shopping Center (CO101ERCIAL).
This definition should be amended to read as follows:
"REGIONAL SHOPPIWW, CENTER (C0,124ERCIAL) --
e largest of shopping centers which is all- ;
inclusive and Self-sufficient with at least
two (2) large department stores as the major
tenants and generally serves a copulation of
approximately 150,000 or more. It is a center
having over 750,000 square feet of. 'gross floor
space and be located on a side greater than 75 acres
,r,.
J3.
PAGE 2,
2 ) 11-2-408 B ZONING DISTRICTS Pages 37-40
This subsection should be amended to add a new zoning
district which Mould be known as the Regional Shopping
Center Business'`District (RSC) and should benumbered
as Section 11-2-408 B 8 with the present district
numbered as 9 and a change in the numbering-of all
the subsequent zoning districts. The new section-11-
ection 11-2-408
2-408B 8 would read as follows:
"(RSC) REGIONAL SHOPPING CEN BUSINESS DISTRICT:
The purpose of the RSC District is to provide for and
permit the establishment of general and retail business
uses that are intended to, and will serve,. the entire
region of the-Treasare Valley; to permit business uses
that>would be of a larger scale than in the Community
Business District.; to permit the development of a
regional shopping center or mall with adequate off-
street parking facilities and associated site amenities
to serve customers and employees; to prohibit strip
commercial and encourage the clustering of regional
commercial enterprises. All such.districts shall be
located in close proximity to major highway or principal.`
arterial streets. All such districts shall be connected
to the Municipal water and sewer systems of the City of�_
Meridian.
._
3.) 11-2-409 ZONING.SCHED.ULE OF USE CONTROL, Page 41-,46
This section, which is a table, should be amended to
reflect the addition of the new proposed zoning
district of RSC, Regional Shopping'Center Business
District, to show what uses are 'allowed in the RSC
district. Also, this section;,would be amended to
reflect that a regional'shoppngcenter could be placed
in the ECSC zone but not in the C-G zone.. Attached
hereto as Exhibit "A" and incorporated herein is the
Schedule of Use Control as amended.
4.) 11-2-410 A ZONING SCHEDULE OF BULK AND COVERAGE CONTROLS
Page 47
This section,.which is a table, should be amended to
reflect the addition of-the new proposed zoning district`
RSC to show the bulk and coverage requirements in that
district. The section as proposed to be amended is
attached hereto as Exhibit+ "B'"
AMBROSE,
FITZGERALO
5.) Page 92- LEGEND FOR ZONING M�IAPS
BCROOKSTON
This portion of section 11-2-425 should be amended to
CounseroCounselorsA`t and
Counselors
reflect the addition on the new RSC zone and attached
P.O. Boz 427
Meridian, Idaho
83842
PAGE 3
Telephone 888-4461
.hereto as Exhibit ''C" as the legend would read if
,amended as proposed
6.' -,Section 11-2-416 F. 1., HEARING at page 74 should be
amended to read As follows:
"HAg�ZNO: The Council shall conduct at least one (1)
pu'llcliearing following the notice requirements
contained in 2-416 E. 2 and the applicant having given
notice as required in 2-416 E. 1., provided however, the
f ` • applidcant need only mail the notice by ordinary first
class mail and provide a verification -under oath as to
who he mailed the notice to, each address towhich he
mailed the notice and that he in fact so mailed it
postage prepaid in full. Also provided,that in the
case of a variance which is only heard by the City
Council the applicant shall follow the certified mailing
procedures required under 2-416 E. 1..
7.) Section 11-2-407 D Uses Not Specifically Permitted or
Listed in Districts, on page 36 should be amended by
the addition of new subsection number 3 which mould,
read as follows:
"3. It is to be noted that all uses .in the Old Tom
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 Administrat6r will provide a statement, if
requested, that a conditional use Dermit need be obtained -
or need not be obtained. He may also refer the request
to the City Council.
The following specific.parcels of land should have the
zoning changed as indicated for one of two reasons.
Either the parcel was not correctly zoned when the
Zoning Ordinance and accompanying maps were adopted in
April of 1984 and now needtobe zoned as they are and
were used .or the owner or his agent reauest,a rezone
of the specific parcel and no amending Zoning Ordinance
had yet been approved. The following parels and the
respective zone change are as follows:
a) Lot 1 Blk 1, Lot 1 Blk 2 S 40 feet of Lot 2..'
AMBROSE,
FITZGERALD
&CROOKSTON
Attorneys and
Counselors
P.O. Box 421
Meridian, Idaho
83642
Telephone 888.4461
Blk 2 of Teddy Subdivision
From R-4 to (C -N)
b) Lot 1-5 Blk 2, Bown's Amended Addition
Lot 1-6, Blk S Bowers Second Addition
From Commercial to Old Town
PAGE 4
AMBROSE,
FITZGERALD
6 CROOKSTON
Attorneys and
Counselors
P.O, Bos 427
.Meridian, Idaho
83842
Telephone 886,4661
c) N 250 feet of the Tromburg-Gentry-Lane
Annexation
From R-8 to (C -G)
d) Lots 16 & 17 Blk 2, Bowers Addition
From Old Town to C -N
e) That portion of the Gentry Property North of Five
Mile Creek which Gentry Property was included in
the firomburg-Gentry-Lane Annexation
From R-8 to (C -G)
f) 1625 W. Pine
From R-4 to Limited Office
g) 540 W. Cherry Lane
From R -4 -to Limited Office
9.) Section 11-2-410 is proposed to be amended by the additio ,e
thereto of a new section known as 11-2-410 C SITE PIANNIN
REVIEW and which shall read as follows:
"11-2-410 C SITE PLANNING REVIEW
In addition to any other requirerients contained in this
Zoning Ordinance or in the.Subdivision Ordinance, the
City in its discretion may require as a.condition of,
approval, that any:use, development or construction have.
the plans, design, plat, specifications,.drawings,
actual construction landscaping, etc., reviewed and
approved by the City. The purpose of this review is to
ensure that development and construction occurs as it is
represented it will occur. Any violations of the repre-
sentations- or -conditions of approval shall be violations
of this Ordinance or the -Subdivision Ordinance.
The Meridian Planning; and Zoning Commission also proposes to
Amend the Subdivision Ordinance. These proposed amendments are as
follows:
1.) Section 11-9-604.1 1. on page'15 should be amended to
read as follows
Approval Period- `Final plat shall be filed with the Count,
Recorder w tTiin one ' (1) year after written approval by the{
Council; otherwise, such approval shall be, -come null and
void, unless -prior to said expi.ratl_on date ane' extension' x'
Of time is applied for ,btr the applicant and granted by the
PAG E 5
Council. The Council may authorize an extension of the
final plat for a period not to exceed one (1) year -from
the end of the original one (1) year period.
Any request for an extension must be filed with the
zoning; administrator prior to the` lapse of the original
one year and must be in writing.`
2sY Section 11-9=606 B 13 should be amended to read the same
:..
as the -;City of Boise's lighting ordinance. There are
some minor difference's; between.Boise's and Meridian's
b uniformity will aid developers. The.Bo.ise lighting
p'rbvi4ions are on file with the Meridian City Clerkand
they are hereby incorporated herein as if set.forth in
full and they may be reviewed at the Citv Clerk's office...
r,.
3.) Section 11-9-604 A should be amended by the addition of a
new paragraph dealing with the subdivision or re.-subdivis
oa<
of lots in a recorded subdivision. This new Daragraph
would -read as follows
"Notwithstanding the definition of subdivision" contained.
in 11-2-403 B, %#here an applicant desires to subdivide
an existing lot which is located in an existing .sub_
division which has been previously recorded.and the
required improvements made thereon, he may do so without
going through the entire platting, procedure required by
this Ordinance. He shall however sub:mitt an Application
for Re-Subdivision'showing the existing lot and how the
lot is proposed to be re-subdivided.—The City shall then
determine what requirements of this Ordinance,. -shall be
complied, with by the applicant. The City may require full
compliance if deemed necessary."
DATED this day of March, 1935.
Nob neer
;
Charman
Planning and Zoning Commission
AMBROSE.
FITZGERALD
& CROOKSTON
ti
Attorneys and
Counselors
P.O. Box 427
Meridian, ldahc
c
PACE L'
83642
Telephone 889-4481
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OFFICIAL ZONING MAPS
City of MERIDIAN, IDAHO
Passed and Approved, By: City Council, April 2, 1984
v' I
Mayor, CITY OF nOXIMIAN ,
LEGEND FOR ZONING MAPS
-92-
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R-4
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District Limits
• • • • •
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Meridian City Limits
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PROJECT Ct.�ih �M.PJL� G�itr. JOB NO. SHEET
DESIGNED DATE.
ITEM G+Vtl1 ��1 CHECKED DATE_
11 -7.61 -e4-
.7
0
1-U-B 460
10-78
!� • Revad 6/23/83
�rs� G�sY
STREET LIGHT STANDARDS
Wooden Pole: Class 6 minimum
5 foot minimum buried depth
Pole to be placed in accordance with the attached Boise City
Standard drawing.
Wooden pole to meet all requirements of Federal Specification
TT-W571h dated July 18, 1966, or as modified since July 18,
1966.
Mastarm and pole assembly shall be grounded by use of a
grounding rod, as approved by the Boise City Electrical
Department, using a No. 6 bare ground wire from mastarm,
along pole, to grounding rod. Insulated ground wire shall be
color coded in conformance with Idaho Power requirements.
Lamp Size and Minimum Mounting Height
Wattage Minimum Mounting Height
100 25 feet
200 30 feet
400 35 feet
Mast Arm: 2" diameter galvanized steel pipe
electric Cat. No. C623GO04 or approved equal.
r as approved by the City E
=squ=area!1Tvt=nize t ewas ers shall be
mastarm bolts.
Street Light Luminaires
100 Watt 4 -Way High Pressure Sodium
bracket General
Nominal length
i n e e r. 2 1 4,.;,yt;,,,,
installed under
Description: Luminaire, .100 Watt 120 Volt High
Pressure Sodium, Normal Power Factor
Reactor Ballast, Medium Semi -Cutoff Type
II 4 -Way Light Distribution, External PE
Receptacle, Glass Refractor.
Cat. Numbers: General Electric C760N679
Westinghouse RVIGSGS-ATEA
ITT 11.3-5701D
100 Watt Type II High Pressure Sodium
Description: Luminaire, 100 Watt 120 Volt High
Pressure Sodium, Normal Power Factor
Reactor Ballast, Medium Semi -Cutoff Type
II Light Distribution, External PE
Receptacle, Acrylic Refractor.
Numbers: ITT 1157.012-6
Cat. Num
General Electric C760N544
Westinghouse RVIASGS-A2EA
200 Watt Type II High Pressure Sodium
Description: Luminaire, 200 Watt 120 Volt High
Pressure Sodium, Normal Power Factor Light
Ballast, Medium Semi -Cutoff Type
Distribution, External PE Receptacle,
Glass Refractor.
Cat. Numbers General Electric C760N937
Westinghouse RVIGSUG-A2EA
400 Watt Type II High Pressure Sodium
Description: Luminaire, 400 Watt 120 Volt High
Pressure Sodium, High Power Factor Lag
Ballast, Medium Semi -Cutoff Type II Light
Distribution, External PE Receptacle,
Glass Refractor.
Cat. Numbers: General Electric C798N501
Westinghouse RV2GSPG-A2DA
Luminaire Set Back: Luminaire shall be placed over curb
line, but no greater than four (4) feet from face of curb.
Conduit: Galvanized Metal Conduit or PVC - Schedule 40 (1"
diameter minimum), anchored every 8 to 10 feet. Conduit to
extend minimum 10 feet above round. Minimum burial depth of
con uit shall be 18 inches, or as re uired b Ada Count
Highway District.
Conductor Size: The. standard for conductor size from the
use system to the underground splice box is No. 6 AWG. This
minimum size is necessary to make a water tight connection to
Company's underground secondary connectors.
Wiring: All work shall comply with Boise City Electrical
Cules and Regulations. All electrical wire shall be AWG
No. 12 or heavier, or as required by the Idaho Power
Company. The more restrictive requirement shall prevail.
Fuse system shall be requirlS_o• water ti hit aisconnect
bo,c _shaLL _be _._requiredy Overhead secondary wire shall be6
duplex with ASC_R neutral messenger, which shall be bonded to
pole ground. .��
•
•
Inspection: Prior to installation of street lights, a permit
shall be obtained from the Building Department, and the
Public Works Department shall be notified 48 hours prior to
the start of installation. Inspection of the electrical work
shall be performed by the electrical inspector and approval
obtained therefrom before acceptance of the work is given.
The Public Works Department will have final responsibility
for accepting or rejecting all work or for approving any
variances or exceptions from the requirements.
Workmanship and Material,Guarantee: The
indemnify and save harmless the City of
all defects appearing or developing
furnished and the workmanship performed
year after the date of acceptance of the
Boise.
TAS/5H
developer agrees to
Boise from any and
in the materials
for a period of one
work by the City of
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AMBROSE,
FITZGERALD
B CROOKSTON
Attomeys mE
Coun"lom
P.O. Box l
Msrld W, Who
B9BIY
TN�pIgtN BB6NB/
0 0
BEFORE THE MERIDIAN PLANNING AND ZONING C0114MISSION
FENSTERMAKER ANNEXATION AND CONDITIONAL USE
FINDINGS OF FACT AND CONCLUSIONS
The above entitled annexation and conditional use application
having come on for consideration on March 11, 1935, at approximatel
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, Leroy
Fenstermaker, and his attorney, Alan Lance, appearing in person and
having duly considered the matter, the Planning and Zoning
Commission makes the following:
FINDINCS OF FACT
1. That notice of the public hearing on the annexation and
conditional use was published for two (2) consecutive weeks prior
to the said public hearing secheduled for March 11, 1985, the first
publication of which was 15 days prior to said hearing; that the
matter was duly considered at the March 11, 1985 hearing; that
copies of all notices were made available to newspaper, radio and
television stations.
2. That notice of the public hearing is required to be sent
to property owners within 300 feet of the external boundaries of
the land being considered pursuant to 11-2-416 E, Revised and
Compiled Ordinances of the City of Meridian; that this requirement
has been met.
PAGE 1
AMBROSE,
FITZGERALD
&CROOKSTON
Attorney$ end
Coon"Il
P.O. Box 127
Mwittim, Idea
8]912
Telephone 9961401
0 0
3. That the Planning and Zoning Commission (P & Z Comm.)
received both oral and written testimony.
4. That the property included in the ATAplication for
Annexation and conditional use is described in the application, and
by this reference is incorporated herein; that the property is
generally known as 1665 West Pine Street, Meridian, Idaho; that the
property is presently zoned by Ada County as R-4 Residential.
5. That the property is adjacent and abutting to the present
Citv limits;
6. That the property included in the annexation and condit
use application is within the Area of Impact of the City of Mer
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.
8. That the application for annexation requests that the
parcel be annexed and zoned (R-4) Residential with a conditional use
permit to operate an automoble repair shop; that the property has
been used in the past as residential property and as a shop for the
repair of automobiles; that the repair shop was destroyed by fire.
9. That when the initial repair shop was constructed the land
was governed by Ada County which required a Zoning Certificate prior
to construction of a building; that the applicant or his builder
failed to obtain a Zoning Certificate prior to construction; that th
applicant has petitioned Ada County to allow him to reconstruct his
repair facility but the County only granted permission to construct<
900 square foot structure.
PAGE 2
AMBROSE,
FITZGERALD
B CROOKSTON
0 0
10. That the applicant previously applied to this Commission
for annexation and zoning; that he applied to have his parcel zoned
(R-4) Residential for the North 137 feet and as Light Industrial
(I -L) for the South 146 feet; that the Planning and Zoning Commissic
recommended denial of the previous application and the applicant
did not proceed on to the City Council but withdrew his application
and has now filed the present Application; that the Commission takes
official notice of the proceedings, file, evidence, and Findings of
Fact and Conclusions relating to the previous application.
11. That the property is located for Comprehensive Plan
purposes within what is referred to as "WA.RRTOR" which is a
neighborhood as defined by the Comprehensive Plan and designed
generally for residential uses; that the property in question lies
adjacent to industrially zoned property on the South and East which
is utilized by Meridian Storage for a large storage facility; that
the Meridian Storage property was annexed and zoned industrially in
1977 prior to adoption of the 1978 Meridian Comprehensive Plan; that
also adjacent to the property and across West Pine Street are
residences; that the 'Meridian High School is in the immediate area
and its tennis courts are within 300 feet of the applicant's propert
12. That street access for the Meridian Storage property is
from Linder Road and there is substantial street frontage on that
property; that access to the land proposed by Applicant to be used
as an automobile repair shop under a conditional use permit is from
West Pine Street; that the access to that portion to be used for an
automobile repair shop is the same access as that which would be us
Arlon iin011 PACE 3
Coonsalora
P.O. Box 427
MWWW.WYq
on"
Tempwim BBd1161
AMBROSE.
FITZGERALD
d CROOKSTON
Attorneys and
CiOUONIom
P.O. Box 427
Meddlan, Idaho
83642
TMaphom 11118,4487
by the residential portion of the property; that this present acces
is shared with the property adjacent on the east.
13. That the use of property as an automotive repair shop is
an industrial use; that the Meridian Comprehensive Plan, Industrial
Policies, state as follows:
p. 17 "5. Access to industrial areas from collector
and local streets should be discouraged."
"6. Industrial uses adjacent to residential
areas should not create noise, odor, air
pollution and visual pollution greater
than levels normally associated with
surrounding residential activities."
"7. Industrial development should not be
located adjacent to primary and secondary
schools."
"8. Industrial uses that exist within areas
planned for other types of uses should
be encouraged to relocate to existing
Industrial Review Area;"
that West Pine Street is designated as a collector street in the
_Meridian Comprehensive Plan at page 30.
14. That the applicant stated he had a water -to -air type heat
pump and did not want to connect to City water but was willing to p4y
for City water on some basis; that he indicated he would connect to
City sewer.
15. That in its comments on the application the Ada County
Highway District (ACRD) had several .recommendations; that the
applicant indicated he had problems with the requirements of
putting curb, gutter, and sidewalks and improving the south 1/2 of
Pine Street adjacent to the property in question and did not want t
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AMBROSE,
FITZGERALD
&CROOKSTON
Aft may. and
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or would not comply with the recommendations; that it has been the
policy of the City of Meridian to require compliances with ACHD
recommendations as a condition of annexation and development.
16. That the City Engineer, Gary Smith, made comment in writi
that City ordinances required the applicant to connect to water and
sewer and pay the prescribed connection fees;that he also commented
that the applicant did not submit a site plan as part of his
conditional use application which showed the building location,
parking and loading areas, traffic access and circulation, open
spaces, landscaping, refuse and service areas, utilities, signs
and yards; the Engineer also commented that the off-street parking
ordinances would have to be compiled with.
17. That in the prior annexation and zoning proceedings and
to some extent in these proceedings, objections to the use of the
property as an automotive repair shop were voiced; that in the
prior proceedings a petition signed by several people living in the
area in question was submitted which petition objected to the
buildin.- and operating of an automobile repair shop; that another
petition was submitted the signers of which stated that if the
application was granted it should be only granted conditioned upon
the following:
a. Six (6) foot screening fence be installed around
the property;
b. Automobile parts should not be stored outside;
C. No wrecked cars should be within 150 feet of the
front property line;
d. Regular business hours should be maintained;
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AMBROSE,
FITZGERALD
BCROOKSTON
Attorneys rid
Cwnwlo
P.O. Box 427
MrWMn. McKo
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e. All repair work to be done within the shop;
f. Regular inspection of the premises;
g. Enforcement of the above conditions;
that many of the signers consenting, to conditional use permit as an
automobile repair shop conditioned their consents on the basis that
the applicant meet the conditions stated above; that one individual
who testified, Robert Mitrch, requested that the screening fence
should be required to be in place prior to granting the premit, if
granted.
18. That Becci Carmack, who testified during, the prior
before the Commission testified that the applicant in the past
conducted business at all hours, parked unsightly vehicles on the
premises for years at a time, operated his business such that a
great amount of noise was created and at late night and early
morning hours, used offensive language, and testified the applicant'
business was and would be incompatible with the neighborhood, has nl
submitted a letter indicating that if the application was granted
based on the approximate same conditions listed above that she and
her husband would consent to the use of the property as an automobi'
repair shop.
19. That in the prior proceedings August Hein Superintendent
of the Meridian School District submitted a letter indicating that
althou'h the School. Board had not had an opportunity to take action
on the matter, he was recommending to the School Board that they
deny the application; that his reasons =or recommending deniel were
1. That the business operated there hra:: a junk -yard appearance and
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the business was not compatible with the residential area that exis
there; 2. That the High School was designed to be compatible with
the residences; and 3. That West Pine Street should be maintained
for residential use; that the applicant has now obtained the consen
of the School District as evidenced by the consent document signed
by Chuck Liche, Clerk of the School District Board of Trustees.
20. That the Nampa and Meridian Irrigation District previousl
voiced no objection so long as the lateral ditch crossing the
property on the south edge was protected.
21. That the Central District Health Department previously
indicated it could approve the application so long., as central water
and sewer were required.
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 75'/ of the owners of property within
300 feet of the external boundaries of the applicant's property.
2. That the City has authority to annex land pursuant to
50-222, Idaho Code, that exercise of the City's annexation authorit
is a Legislative function.
3. That the City of Meridian has authority to grant condi
uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-413 of
the Revised and Compiled Ordinances of the City of Meridian, Idaho.
4
PAGE 7
That the Planning and Zoning Commission has judged the
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annexation, Zoning and Conditional Use application by the guideline
standards, criteria, and policies contained in Section 50-222, Titl
67, Chapter 65, Idaho Code, the Meridian City Ordinances, Meridian
Comprehensive Plan, and the record submitted to it and things of
which it can take judicial notice.
5. That the Commission may take _judicial notice of its own
proceedings, governmental statutes, ordinances, and policies, and
of actual conditions existing within the City and State.
6. That all land within the proposed annexation is contiguous
to the present City limits of the City of Meridian, and the
annexation would not be a shoestring annexation.
7. That the annexation application has been initiated by
the Applicants, Leroy and Ida Fenstermaker and is not at the reques
or initiation of the City of Meridian.
S. That the annexation and zoning of (R-4) P.esidential would
be in compliance with the Meridian Comprehensive Plan and the
Zoning Ordinances; that the annexation and zoning would be in the
best interests of the City of Meridian.
9. That the Zoning Ordinances of the City do not allow an
automotive repair shop in the (R-4) Residential Zone, either as a
principal permitted use or as a conditional use; that to allow an
automobile repair shop in the R-4 zone the Applicant would have to
request a text amendment to the zoning ordinance or be granted a
variance to the Zoning Ordinance by the City Council; the Applicant
indicated that he would proceed to apply -or a variance pursuant to
AMBR03E,
FITZGERALD
&CROOKSTON
11-2-419 of the Revised and Compiled Ordinances of the City of
Attom"sand
Meridian.
COYONIOO
R.O. Box 427
MVI01N,148"
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AMBROSE,
FITZGERALD
&CROOKSTON
Attwnsys u
CO n"Im
P.O. Box 427
MwI01Y1, IOYIo
83842
TNPp11 8894461
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10. That without a variance request this Commission would ha
to deny Applicant's requested conditional use permit; however, bases
on the assumption a variance could be and would be granted by the
Council, the Commission shall proceed to consider the merits of the
conditional use application.
11. The Commission concludes that the Applicant has met the
procedural and notice requirements for the issuance of a condi
use permit.
12. That the adjacent property owners have valid concerns
the use of the property for an automotive repair business; that the
vast majority, however, have consented that the conditional use
permit be granted if the permit is conditional on the requirements
referred to in paragraph 16 of the Findings and that the screening
fence referred to be in place prior to issuance of the permit and
the conduct of business.
13. That the City of Meridian has authority to place condit
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
Compiled Ordinances of the City of Meridian, Idaho;
14. 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 con-
ditions of the area, and assuming all the conditions above would be
met by the Applicant, the Planning and Zoning Commission specificall
PAGE 9
concludes as follows:
a. The use; in fact, constitutes a conditional use and
a conditional use permit is required by ordinance.
b. The use will be harmonious with and in accordance with
the Comprehensive Plan and the Zoning Ordinance with a
variance.
C. The use will be designed, constructed, operated, and
maintained to be harmonious in appearance with the in-
tended character of the general vicinity such being des-
ignated for residential use.
d. That the use will not be hazardous or disturbing to
existing or future neighboring uses.
e. The property should be connected to sewer and water
lines and those services should be able to be provided
adequately.
f. The use will not create excessive additional requirements
at public cost for public facilities and services and
will not be detrimental to the economic welfare of the
community.
g. The use will not involve uses, activities, processes,
materials, equipment and conditions of operation that
will be detrimental to any person, property or the
general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors.
h. The applicant shall be required to have parking, for the
property which shall be so designed as not to create an
interference with traffic and parking on surrounding
public streets and meet the off street parking
requirements.
i. The development and uses will not result in the
destruction, loss or damage of a natural or scenic
feature of major importance.
15. That the recommendations and requirements submitted by tt
Ada County Highway District are felt to be onnerous and the
Applicant shall not be required to comply with them and they shall
AMBROSE, not be required;
FITZGERALD
6 CROOKSTON 16. That the Applicant shall be required to pay appropriate
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rates for sewer, water, and trash and shall be required to pay for
any and all connection fees for water and sewer necessitated by his
uses; additionally the other recommendations by the City Engineer
shall be required;
17. That the permit once granted shall be personal to the
Applicants and shall not be transferrable to other individuals or
property.
13. That the City has authority to restrict the time limit of
a conditional use; that this conditional use, if ultimatley granted
by the City Council shall be reviewed annually and the Applicant
shall be required to make an annual report to the City aaJb=ms&1
City determines the Applicant is not meeting the conditions containe
herein, then such shall be a basis for terminating the Applicant's
Conditional Use; that prior to terminating the Applicant's Conditior
Use Permit, the Applicant shall be afforded a hearing and notice of
the hearing which notice shall set forth the reasons for proposing
to terminate his conditional use permit.
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 Cole
Commissioner Shearer
Commissioner Johnson
Commissioner Alidjani
Commissioner Morrow
Chairman Spencer (Tie Breaker)
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Voted
w
,fel, Voted—
Voted/
Voted
Voted
Voted
it
AMBROSE,
FITZGERALD
d CROOKSTON
Atto ysand
Coon"Iem
P.O. Box 127
Mr Iw,Idaho
82812
Tatspt O 8884161
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DECISION AND RECOMIENDATIO14
The Meridian Planning and Zoning Commission hereby recommends
to the City Council that this annexation and zoning request be
granted and that the Applicant's request for a conditional use
be considered after due consideration by the Council of Applicants'
request for variance. The Commission makes no recommendation on
the variance but if such is granted the Commission recommends
approval of the Conditional Use Permit, however, conditional as
above stated in these Findings of Fact and Conclusions..
MOTION:
APPROVED ✓ DISAPPROVED
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