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
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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
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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
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TWq~on~aB&Mat
Page 5