Loading...
1985 02-11~ -; A G E N D A MERIDIAN PLANNING & ZONING FEBRUARY 11, 1985 ITEM: MINUTES OF PREVIOUS MEETING HELD JANUARY 14, 1985 1. F,.INDINGS OF FACT AND CONCLUSIONS ON CONDITIONAL USE PERMIT FOR DENNIS AND SANDRA MURPHY: APPROVED 2. PUBLIC HEARING: APPLICATION FOR COMPREHENSIVE PLAN AMENDIdENT BY CLAREMONT DEVELOPMENT TO DETERMINE IF IT WARRANTS FURTHER STUDY. ATTORNEY TO PREPARE FINDINGS OF FACT MERIDIAN PLANNING & ZONING COMMISSION FEBRUARY 11, 1985 Regular Meeting of the Meridian Planning & Zoning Commission called to order by Chairman Bob Spencer at 7:30 p.m. bYembers Present: Walt Morrow, Moe Alidjani, Jim Johnson, Jim Shearer, Tom Cole: Others Present: Rick Orton, Fred Martin, Duaine Rasmussen, Fred Bruning, Allen Norris, Al Lance, Art Davis, Ed Bews, Lloyd Howe, Bert Myers, Terry Smith, Phil Davidson, R. D. Bischoff, Betty Bischoff,Steve Gratton, Doris Oliason, Don Wimberly, Wayne Crookston, Jim Lemon, Jeff Gustin, Ronda Lowe: The Motion was .made by Morrow and seconded by Alidjani to approve the minutes of the previous meeting held January 14, 1985 as written: Motion Carried: All Yea: Item #1: Findings of Fact and Conclusions on Conditional Use Permit for Sandra & Dennis Murphy: Chairman Spencer, are there any comments or questions of the Commission? Johnson, I have a question on the parking requirements, was it decided there would need to be extra parking facilities? I am referring to #4-h of the conclusions. Chairman Spencer, do you wish this statement changed? Morrow, parking needs to be more defined, should not be a hinderance to the neighbors. Alidjani, there is a driveway that serves a multi-family next to this as long as it is kept open. The motion was made by Morrow and seconded by Johnson that Item #4-h be stricken from the Findings of Fact and Conclusions. Motion Carried: All Yea: There was no other questions or comments. The Motion was made by Morrow and seconded by Cole that the Meridian Planning and Zoning Commission hereby adopts and approves of the Findings of Fact and Conclusion as prepared by the City Attorney with the deletion of Item #4-H pertaining to the parking. tdotion Carried: Morrow, Yea: Alidjani, Yea: Johnson, Yea: Shearer, Yea: Cole, Yea: The Motion was made by Morrow and seconded by Alidjani that the Meridian Planning and 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 under MERIDIAN P&Z. PAGE # 2 Feb. 11, 1985 ~i the conditions stated herein with the exception of Item #4-h. Motion Carried: All Yea: Item #3: Public Hearing, Application by Claremont Development for a Comprehensive Plan Amendment. Chairman Spencer, this hearing is for the purpose of determining if the application by Claremont Development for a Comprehensive Plan Amendment for the designation of the property located on the North East corner of Eagle Road and I-84 as a Regional Shopping Center warrants further study by the City of Meridian. Mr. Phil Davidson, of Claremont Development from Bellevue, Washington was present to represent this application. Mr. Davidson, The Eagle Road Site is a good location and has good exposure and is in the center of Treasure Valley, This site has good access and is close enough to Meridian for Zoning. Our Company gained control of this site in July of 1983. I was first introduced to the situation in the Boise Marketplace in 1982 at that time I was with Sutterhill Development Company out of California. We have found a healthly climate in the City of Meridian both for population growth and for welcoming a Regional Shopping Center although Eagle Road is not the preferred location. After obtaining control of this site, I immediately set about to find some major tenants to anchor the shopp- ing site for us. Made trips down to Los Angles and talked to Sears and Penriys who were names we had heard that were interested but found from them they were pretty much committed to the John Price Development Company, not only to Price but to each other. At the time we found they along with Lamonts and DCMI wanted to anchor one large center, as they felt only one center could be supported out here. So they found it -convenient to committo John Price Development, who had developed quite a few sites and a very capable developer and he at the time was work- ing on the Cloverdale Road site. They all submitted letter to Price for that location, since then they have moved those letters down to Westpark Mall. Price has some problem with both of these sites, so we went to him and struck an agreement to jointly develop a regional shopping center at Eagle Road and Interstate 84 should it be approved here in Meridian. I would like to at this time ,. :oe have put together a team and I will introduce them now, Mr. Ed Bews, owner of the proper- ty; Mr. Al Lance, Attorney; Mr. Rick Orton, Engineer; Mr. R. D. Bischoff, Real Estate Broker; Mr. Al Norris, John Graham Company, Architect, Mr. Duaine Rasmussen and Mr. Fred Bruning, from the John Price Company. You have this Eagle Road site presented to you before, but let me assure you this is entirely a different proposal and different group of players. When you saw this proposal before it had an annexation route which was very questionable to the City of Meridian as the route was partly on the South side of I-84, as you have seen in our proposal we have a clean route of annexation to this property, also in 1981 when this property came up it was not in the Area of Impact. Today this site is included in Meridians Area of Impact. There was also, no tenants interest when reviewed in 1981 and decision made in 1983. MERIDIAN P~. • PAGE # 3 Feb. 11, 1985 I met with the Mayor and City Council several times and advised them I did not plan to bother with Comprehensive Plan Amendment or Annex- ation until we had some major tenant interest. I can happily report tonite'~hat we do have letters from major tenants, three major tenants to be exact, which have been reviewed by the Planning & Zoning Members and Mr. Bruning has advised me that they have negotiations going on with two or three other major tenants who have expressed a definite interest at becoming part of a shopping center at I-84 and Eagle Road but they want to make sure the Zoning is in place. Anything you can do to expe- dite this application would be appreciated and in April I think we will be able to show you some more letters. The applications which I have here and you have in front of you-has now been formly submitted and it addresses all the points required in the Comprehensive Plan and the City Ordinances for a Comprehensive Plan change and tonite we are asking for a motion which recognizes the merit of our request for a Comprehensive Plan Amendment and further study. Chairman Spencer, any questions of the Commission? There were no questions of Claremont. Chairman Spencer opened meeting for public hearing, there was no one present in the audience who wished to testify. Public hearing was closed. Chairman Spencer, under 67-6508 of the Land Use Planning Statue this application addresses the requirements needed with the exception of economic effect on the downtown Meridian business.The Commission was in agreement with this. Mr. Davidson advised this would be adressed at the April hearing if the Commission determined this request warranted further study. Chairman Spencer, I also believe this application adresses the standards on Page 19 of the Comprehensive Plan. The Commission was in agreement with this statement. The Motion was made by Morrow and seconded by Johnson to instruct the City Attorney to prepare Findings of Fact and Conclusions on the appl- ication by Claremont Development for a Comprehensive Plan Amendment. Motion Carried: All Yea: The Motion was made by Morrow and seconded by Johnson that the Findings of Fact and Conclusions recommend that the application by Claremont Development for a Comprehensive Plan Amendment warrants further study. Motion Carried: All Yea: Chairman Spencer, under 2-416-D2 of the Zoning & Development Ordinance it states no action can be taken on a zoning amendment until the Comprehensive Plan is amended to allow the Zoning Amendment. Mr. Crookston, is there any way that a public hearing can be held on Claremonts request before Comprehensive Plan Amendment is approved, even the possibility of appointing a Hearing Officer? MERIDIAN P & Z PAGE # 4 Feb. 11, 1985 Mr. Crookston, Any action taken on the Annexation and Zoning request would violate the Ordinances,as even with a Hearing Officer he would be acting on the City's behalf. Phil Davidson, Is there any way this could be completed any faster? Attorney Crookston, Special Meeting would speed the process along. Johnson, what about the Amendments the Planning & Zoning are propos- ing, are they going to be heard in April? Spencer, that was the next item I needed to bring up, we need to either have a Special Meeting before the 11th of March or after the 11th to consider these amendments in order to have in time to process in April. It was the consensus of the Commission to hold a Special Meeting on March 7, 1985 for a Public Hearing on the Amendments to the Comprehen- sive Plan that are being proposed by the Planning & Zoning Commission to determine if they warrant further study and to have a workshop on the Zoning & Development Ordinances after the Public Hearing. Being no further business to come before the Commission the Motion was made by Cole and seconded by Shearer to adjourn at 8:07 p.m. Motion Carried: A11 Yea: TAPE ON FILE OF THESE PROCEEDINGS: APPROVED BOB PENCER, CHAIRMAN ATTEST: Niematin, City Clerk. ~,_gd: Mayor~& Council P &Z Members Police, Fire, JUB Stuart, Ward, Kiebert Atty, Hein, Mitich Valley News, Statesman ACRD, ACC, ACZ, NMID APA, CDH Mail (2) File (2) AMSROSE, FIRGERALD dCROONSrON Attorneys anE Couneelore P.O. Boz X21 M0,104n, lAelq 69M2 TsNphab SB&N81 BEFORE THE MERIDIAN PLJ~NNING AND ZONICI~ CO^iT4ISSION DENNIS PQURPIiY and SANDP.A "SURPHY CONDITIONAL USE PERTIIT 1418 ?^T. 2nd F,treet Dieridian, Idaho FINnIN,S nF .^~cT .r ND corrcLlT~I~aNs The above entitled matter having come on for public hearing January 14, 1985, at the hour of 7:30 o'clock p.rm., the Petitioner appearing in person, the Planninr, and 7.oning Commission of the City of P4eridian havina duly considered the evidence and the matter make the following Findings of Fact and Conclusions: FIIdDINS O" FACT 1. That a notice of a public hearing on the Conditional tise °ermit was publishe3 for two (2) consecuti~re weeks prior to the sai~ nublic hearing scheduled for January 14, 1985, the first publicatior of 4?inch was fifteen (15) days prior to said hearings that the mat- ter was duly considered at the January 14, 1985 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 orithin the City of 'ieridian and is owned by the applicant and is described as Lot 4 in Block 1 of C4estern Subdivision, Sieridian, Idaho 3. That the property is located in a residential district, requires a conditional use permit for the operation of a home occupation which is what a beauty salon is and which is the use the ar~plication requests. PACE 1 t 4. That a proper notice has been given as re~3uired by law and all approvals and procedures before the Planning and Zoning Com-• mission have been given and followed; 5. That no persons appeared at the hearing objecting to the use of the property as a two operator beauty salon which is a commercial use; G. That the property. is presently used solely as a residence; 7. That at the public hearing there was no public comment except for the applicants'; 8. That the Ada County EEighway District and City Engineer submitted recommendations which recommendations are incorporated herein by this reference as if set forth in full hereats 9. That a home occupation is allowed in a residential distric under a Conditional Use Permit; that said use is a commercial use. CONC Li; S I ON S 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of r.~eridian 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 of ^teridian has authority to grant condi- AMBROSE, FITZGERALD 6 CROOKSTON ABOmsys an6 Coonsalon P.O. Box 137 MwIMn,Mtla BIMII TNpliar 8861161 fional uses pursuant to 57-5517., Idaho Code, and, pursuant to 11-2-413 of the ?evised and Co*cgiled Ordinances of the City of Meridian, Idaho; PA ~E 2 3. That the City of ^teridian has authority to place conditions on a conditional use permit and the use of the property pursuant to F7-6512, Idaho Code, and pursuant to 11-2-418(D) of the Revised and Compiled Ordinances of the City of ESeridian, Idxho~ 4. That 11-2-n18(C) of the Revised and Compiled Ordinances of the City of P4eridian set:> forth the standards under waich 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, the Planning and Zoning Commission specificall concludes as follows: a. The uses, in fact, constitute a conditional use and a con- ditional use permit is required by ordinance. b. The uses caill be harmonious with and in accordance with the Comprehensive Plan anti the Zoning Ordinance. c. The use will be designed, constructed, operated, and maintained to be harmonious in appearance caith the in- tended character of the general vicinity such being des- ignated for residential i~se. d. That the uses will not be hazardous or disturbing to ex- isting or future neighboring uses. e. The property is already connected to sewer and water lines and those services should be afile to be provided adequatel . 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 uses will not involve uses, activities, processes, materials, equipment and comiitions of operation that will be detrimental to an,7 person, property or the general wel- fare by reason of excessive production of traffic, noise, smoke, fumes, glare or. odors. AMBROSE, FIRGERALD B CROOKSTON PAGE 3 Atlomsys ~nE Coumalon P.O. Bor 1Y7 MMMMn, WYw BiM2 TN~p11pNlM{M/ h. The applicant. shall be required to have parkins; for the property which shall be so designed as not to create an interference with traffic and parking on surrounding public streets. i. The developement and uses will not result in the destruc loss or damage of a natural or scenic feature of major importance. 5. That the recommendations and requirements submitted by the Ada County FIighway District are felt to he onnerous and the Applicant shall not be required to comply with them and they shall not be required; 6. That the Applicant shall be required to pay appropriate rates for sewer, caater, and trash and shall be required to pay for any and all connection fees for water and sewer necessitated by Pis uses; that the other recommendations by the City Engineer shall not be required; 7. That the pernu t once granted shall be personal to the Applicants and shall not be transferrable to other individuals or property. APPRO~.IAL OF FINDINGS OF FACT AND CONCLUSIONS The Pieridian Planning and Zoning Commission hereby adopts and AMBROBE, FITZGERALD d CROOKSTON Ailomeys an0 Counselors P.O. BOS I27 Mer18W, ltletw 83812 TeNPlwne BBB-1M1 approves these Findings of. Fact and Conclusions. PAGE 4 ROLL CALL: Commissioner Commissioner Commissioner Commissioner Convnissioner Chairman Spe ^lorrow Alidjani Johnson Shearer Cole lcer (TIE B'2EAKER; Voted Vea Voted ~~,~ Voted Voted ~°~ ~~oted a j Voted -~- DECISION AND RECOMb1F.NDATIOid The Meridian Planning and Zoning Commission hereby recommends AMBROSE, FITZGERgLD d CROOKSTON •itom~ys ano Counssbn V.O. Box /Z] MsrlOlgn, MMo B7N2 T~MVMMBBB~MBt the City Council of the City of Meridian that they approve the Conditional Use Permit requested by theT-..pplicant for the property described in the application under the conditions stated herein. MOTION: APPROVED : y p.c PAGE 5 DISAPPROVED: