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1984 12-10 A G E N D A MERIDIAN PLANNING & ZONING DECEMBER 10, 1984 ITEM: MINUTES OF PREVIOUS MEETING HELD NOVEMBER 12, 1984. (APPROVED) 1. FINDINGS OF FACT AND CONCLUSIONS ON CONDITIONAL USE PERMIT FOR ROSS SIMERLY. (APPROVED) 2. FINDINGS OF FACT AND CONCLUSIONS ON CONDITIONAL USE PERMIT FOR LEON GINGRICH. (APPROVED) MERIDIAN PLANNING DECEMBER 10, 1984 Meeting called to order by Chairman Bob Spencer at 7:30 p.m. Members Present: Walt Morrow: Moe Alidjani; Jim Johnson; Jim Shearer; Tom Cole; Others Present: Wayne Crookston The Motion was made by Morrow and seconded by Alidjani to approve the minutes of the meeting held November 12, 1984 as written: All Yea: Item #1: Findings of Fact and Conclusions on Simerly Conditional Use Permit: Chairman Spencer, are there any comments from the Commission? There were none: The Motion was made by Morrow and seconded by Shearer that the Meridian Planning & Zoning Commission hereby adopts and approves the Findings of Fact and Conclusions. Motion Carried: Morrow, Yea; Alidjani, Yea; Johnson, Yea; Shearer, Yea; Cole, Yea; The Motion was made by Morrow and seconded by Johnson that the Meridian Planning & Zoning Commission hereby recommends to the City Council that they approve the Conditional Use Permit requested by the Applicant for the property described in the application under the conditions stated in the Findings of Fact and Conclusions. Motion Carried: All Yea: Item #2: Findings of Fact and Conclusions on Gingrich Conditional Use Permit: Chairman Spencer, are there any comments from the Commission? There were none: The Motion was made by Alidjani and seconded by Shearer that the Meridian Planning & Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions: Motion Carried: Morrow, Yea; Alidjani, Yea; Johnson, Yea; Shearer, Yea; Cole, Yea: The Motion was made by Shearer and seconded by Alidjani that the Meridian Planning & Zoning Commission hereby recommends to the City Council that they approve the Conditional Use Permit requested by the Applicant for the property described in the application under the conditions stated in the Findings of Fact and Conclusions: P & Z, 12/10/84 • Page #2 Motion Carried: All Yea: Being no further business to come before the Commission the Motion was made by Shearer and seconded by Morrow to adjourn at 7:35 p.m.: Motion Carried: All Yea: ATTEST: Y Mayor & Council P&Z Commission Police, Fire, JUB Stuart, Ward, Kiebert Atty, Hein, Mitich Valley News, Statesman ACHD, ACC, ACZ, NMID APA, CDH File (2) Mail (2) APPROVE BO SP , CHAIRMAN ~,~ BEFORE THE PIERIDIAN ??CANNING AND ZONIN!; COfd`dISSION ROSS AND LILA SIr1ERLY CONDITIONAL i:SE PER"tIT At 532 East Pine Street Meridian, Idaho FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing November 12, 1984, at the hour of 7:30 o'clock p.m., t_ze Petitioner appearing in person, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the natter makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That. notice of a public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to the saic public hearing scheduled for Povember 12, 1984, the first publicatic of ;which was fifteen (1.5) days prior to said hearing; that the mat° ter was duly considered at the November 12, 1984, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices mere made available to newspaper, radio and television stations. 2. That this property is located within the City of r![eridian and is ok~ned by the applicant and is known as 532 East Pine Street; 3. That the property is located in a residential area; and 1S zoned residential; AMBROSE, FIT2GERALD B CROO KSTON Page 1 Atlomsys an0 CounMrloro P.O. Boz ~Y7 MMONn, IWNo B3NII Tel~pNOn~ BlMN7 -... =di_ :.rte 4. That proper notice has been given as required 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 radiator repair and tractor tire repair shop which is a commercial use; 6. T}tat the property has been used for. the above purposes in the past without objection; 7. That at the public hearing two individuals orally stated their support for the permit and two letters approving of_ the permi were submitted; that the applicant stated he only kneca of. one individual disapproving of the permit and that individual refused to sicn his application but did not appear at the public hearing; 8. That the Ada County Highway District submitted recom- mendations which recommendations are incorporated herein by thi:> reference as if set forth ih full hereat; 9. That the City Engineer submitted comments which comments are incorporated herein by this reference as if. set forth in full hereat; 10. That the proposed use of the property, which is a com- mercial activity, is not in compliance ~oith the zoning ordinances or the allowed uses in a residential zone. CONCLUSSONS 1. That all the procedural requirements. of the Local Planni AMBROSE, FIRGERAID B CROOKSTON Atlom~y~ vb CounsNpt R.o. eo: uT Mwg1Y~,IMo a~e~z T~IpIlO~M!!ldMt Act and of the .:ordinances of the City of Pleridian have been met Page 2 including the mailing of notice to owners of property within 300 feet of the external boundaries of the agplicant'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 Meridian has authority to grant condi- tional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian, Idaho; 3. That the City of P4eridian has authority to place conditi on a conditional use permit and the use of. the property pursuant to 67-6512, Idaho Code, and pursuant to 11-2-n18(D) of the Revised and Compiled Ordinances of the City of P4eridian, Idaho; 4. That 11-2-418(C) of the Revised and Compiled Ordinances AM BROBE, FITZGERAID 6 CROOKSTON Attorneys ono GOUfINIOA P.O. BoK 147 MvMMn,MNo BBH4 TsMpNan~BBB11B1 of the City of P4eridian 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, the Planning and Zoning Commission specificall concludes as follows: a. The use, in fact, constitutes a conditional use and a con ditional use permit is required by ordinance. b. The use will be harmonious with and in accordance with the Cor.:^rehensive Plan and the Zoning Ordinance. c. The use is designed, constructed, operated, and maintaine to be harmonious in appearance with the intended characte of the general vicinity. d. That the use will not be hazardous or distrubing to ex- isting or future neighboring uses. Page 3 e. 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 com- munity. f. 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 wel- fare by reason of excessive production of traffic, noise, smoke, fumes, glare or ordors. g. The use will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. That the recommendations and requirements submitted by the Ada County Highway District are felt to be onerous to the Applicant and shall not be required. 6. That the Applicant shall be required to pay commercial rates for sewer, water, and trash and shall be required to pay for any additional connection fees for water and sewer necessitated by his uses. 7. That the permit once granted shall be personal to the Applicants and shall not be transferrable to other individuals nor shall the permit run with the land. 8. That the City has authority to review conditional use permits, and may do so to see that the use is still appropriate in the area and whether it should be continued. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS AM BROBE, FIT2GERALD BCROOKSTON AttwnWevW Counwlon I P.O. box ~Y7 MM61vi, 16Nro 67812 TNpNOM 8881161 The Meridian Planning and Zoning Commission hereby adopts and ap- proves these Findings of Fact and Conclusions. Page 4 AMBROSE, FIRGERALD 6 CROOKSTON Attorneys MM Goonasbre P.O. Box ~7 McMMn, IOYq B9B/2 TelepNmeMNN1 ROLL CALL: Commissioner Commissioner Commissioner Commissioner Commissioner Chairman Spe Poo rrow Vote d Alidjani Voted Johnson Voted Shearer voted Cole Voted zcer (TIE DREAKE:R) Voted DECISION AND ?tECOD1P~ENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Aeridian that they approve the Conditional Use Permit requested by the Applicant for the property described in the application under the conditions stated herein. MOTION: APPROVED: ~{} ff~S Page 5 DISAPPROVED: t ,- • • BEFORE THE '4E2IDII~N PLANNING AND ZONING CO"1MISSION LEOtd A. ~INGRICIi CONDITIONAL USE PEft.°1.IT At Lots S, 6 & 7, Block 6 Bowers Addition Meridian, Idaho FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing November 12, 1984, at the hour of 7:30 o'clock p.m., the Petitioner appearing in person, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing on the Conditional Use Permit was published for two (7.) consecutive weeks prior to the sai public hearing scheduled for November 12, 1984, the first publicati of which was fifteen (15) days prior to said hearing; that the mat- ter was duly considered at the November 12., 198A, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were made available to nezaspaper, radio and television stations. 2. That this property is located within the City of Ieridian and is owned by the applicant and is described as Lots 5, h & 7, Block 6, Bowers Addition, Meridian, Idaho 3. That the property is located in the OLD T06dN ZONE, that AMBROSE, FITZGERALD b CROOKSTON Attomays ~nE Counplon P.O. Box t2] Maridbn, bNo B9MR T~IpNOn~BBM,l1 r>;:.n:.. -. .. all development in OLD TOWN requires a conditional use permit; 4. That proper notice has been aiven as required by law and Page 1 all approvals and procedures before the Planning and Toning Com- mission have been given and followed: 5. That no persons appeared at the hearing objecting to the use of the property as a multi-family dwelling cahich is a residenti~ use; 6. That the property has been vacant and underdeveloped ground in the past; 7. That at the public hearing one individual orally stated his support for the permit and one letter approving, of the permit was submitted; 8. That the Ada County Highway District submitted recom- mendations which recommendations are incorporated herein by this reference as if set forth in full hereat; 9. That the proposed use of the property, as a four-plex is a multi-family dwelling. CONCLUSIONS 1. That all the procedural requirements of the Local ?Mann 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 of .r.•4eridian has authority to grant condi- AMBROSE, FRIG ERALD B CROOKSTON Attomay~ nM Couns~bn P.O. Bov 147 81srItllAn, k4K0 83814 Telplpm BBBdM1 F. .. tional uses pursuant to 67-651?., Idaho Code, and, pursuant to 11-2-418 of the 2evised and Compiled Ordinances of the City of Meridian, Idaho; Page 2 .i • • 3. That the City of tileridian has authority to place conditio on a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code, and pursuant to 11-2-418 (D) of the Revised and Compiled Ordinances of the City of Leridian, Idaho; 4. That 11-2-415(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, the Planning and Zoning Commission specificall; concludes as follows: a. The uses, in fact, constitute a conditional use and a ditional use permit is required by ordinance. b, The uses will be harmonious with and in accordance with the Comprehensive Plan and the Zoning Ordinance. c. The uses 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 mixed development. d. That the uses will not be hazardous or disturbing to ex- isting o~ future neighboring uses. e. The Petitioner is responsible for the extension of. the sewer and water lines and it should be able to provide adequately those services. f. The uses will not create excessive additional requirem at public cost for public facilities and services and will not be detrimental to t_he economic welfare of the community . AMBROSE, FITZGERALD B CROONSTON Atlomsye entl Couneelo.e P.O. Boz 117 Mvltllen,MNo BtMR TeMpllane NB-1111 g, mhe uses will not involve uses, activities, processes, materials, equipment and conditions of operation that wil] be detrimental to any person, property or the general wel- fare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. Page 3 AMBROSE, FIRGERALO B CROOKSTON AHpMys LW OouneMaa P.O. BOx /2] MNMNA, IAYIo BJOIt TNp11oM lBBdM1 h. The uses and development shall be required to have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets. i. The development and uses will not result in the destruc- tion, loss or damage of a natural or scenic feature of major importance. 5. That the recommendations and requirements submitted by the Ada County Highway District are felt to be appropriate and the Applicant had no problem with complying with them and they shall be required; 6. That the Applicant shall be required to pay appropriate rates for sewer, water, and trash and shall be required to pay for any and all connection fees for crater and sewer necessitated by his uses; 7. That the permit once granted shall not be personal to the Applicants and shall be transferrable to other individuals and the permit shall run caith the land but it may not be transferred to another parcel of property; II. That a Conditional Use Permit is required for all development in the OLD TOWN DISTRICT and these projects and applications meets the guidelines contained in 11-2-408(9.9), OLD TOWN DISTRICT. APPROVAL OF FINDINGS OF FACT I~ND CONCLUSIONS The 14eridian Planning and Zoning Commission hereby adopts and ap- proves these Findings of Fact and Conclusions. Page 4 ROLL CALL: Commissioner Commissioner Commissioner Commissioner Commissioner Chairman Spe Morrow Alidjani Johnson Shearer Cole icer (TIE BREAKER) Voted Voted DECISION AND RECOPU'RENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of •4eridian that they approve the Conditional Use Permit requested 'by the Applicant for the property described in the application under the conditions stated herein. MOTION:. APPROVED:~_~ DISAFP'_20VED: AMBROSE, FIRGERALD a CROOKSTON Attonroya via COYIINIOIB P.O. Boz ~l Mv104n, NYw laNY TWq~on~aB&Mat Page 5