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1990 06-12R A G E N D A MERIDIAN PLANNING & ZONING JUNE 12, 1990 ITEM: MINUTES OF THE PREVIOUS MEETING HELD MAY 8, 1990: (APPROVED) 1. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REZONE REQUEST W/PRELIMINARY PLAT ON MISTY MEADOWS: (APPROVED) 2. FINDINGS OF FACT AND CONCLUSIONS OF LAW: PROPOSED AMENDMENTS TO THE MERIDIAN COMPREHENSIVE PLAN: (APPROVED) ~3. PUBLIC HEARING: REQUEST BY NEW CONCEPTS DEVELOPERS FOR ANNEXATION AND ZONING WITH CONDITIONAL USE PERMIT: (FINDINGS TO BE PREPARED) 4. PUBLIC HEARING: BRENT & GWEN ALGERS - CONDITIONAL USE PERMIT 114 E. STATE ST.: (FINDINGS 7b BE PREPARED) & ZONING JUNE 12, 1990 The Regular Meeting of the Meridian Planning & Zoning Commission was called to order by Jim Johnson at 7:30 p.m.: Members Present: Moe Alidjani, Charlie Rountree, Tim Hepper: Members Absent: Jim Shearer: Other Present: Roy B. Johnson, Gary A. Lee, Erik Gabrielson, Dennis Marshall, Beverly Fricke, Gwen & Brent Alger, Wayne Crookston, John Navarro: MINUTES OF THE PREVIOUS MEETING HELD MAY 8, 1990: The Motion was made by Alidjani and seconded by Rountree to approve the minutes of the previous meeting held May 8, 1990 as written: Motion Carried: All Yea: MINUTES OF THE SPECIAL MEETING HELD MAY 29, 1990: The Motion was made by Rountree and seconded by Hepper to approve the minutes of the special meeting held May 29, 1990 as written: Motion Carried: All Yea: ITEM #1: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REZONE REQUEST W/PRELIMINARY PLAT ON MISTY MEADOWS: Rountree: Suggested that the agreement to increase the lot size of the lots on the south boundary be increased to 7500 sq. feet and be included in the Findings of Fact. The developer agreed to this at the Public Hearing. The Motion was made by Rountree and seconded by Alidjani to approve the Findings of Fact and Conclusions of Law with the stipulation that an item be added that discusses the increased lot size for that portion of the subdivision to be a minimum of 7500 sq. feet. Roll Call Vote: Hepper - Yea; Rountree - Yea; Alidjani - Yea; Motion Carried: All Yea: The Motion was made by Alidjani that Planning & Zonnq hereby recommend to the City Council for approval of the rezone .and preliminary plat. Rountree: What is the language about the preliminary plat with regard to the stub street. Johnson: It's basically as stated that there would be access to the Hatch property on .,-the south side. The Motion was withdrawn by Alidjani. The Motion was made by Rountree and seconded by Hepper to make a recommendation to the City Council to approve the rezone and the preliminary plat with the stipulations regarding lot size and that the stub street to the Hatch property be identified on the plat as a stub street to the property line. MERIDIAN PLANNING & ZONING JUNE 12, 1990 PAGE #2 Motion Carried: All Yea: ITEM #2: FINDINGS OF FACT AND CONCLUSIONS OF LAW: PROPOSED AMENDMENTS TO THE MERIDIAN COMPREHENSIVE PLAN: Johnson: Does anybody have any questions on these? The Motion was made by Rountree and seconded by Alidjani that the Meridian Planning & Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. Roll Call Vote: Hepper - Yea; Rountree - Yea; Alidjani - Yea; Motion Carried: All Yea: The Motion was made by Hepper and seconded by Alidjani that the Meridian Planning & Zoning Commission hereby recommends to the City Council that the Planning & Zoning Commission's proposed Amendments to the Meridian Comprehensive Plan should be approved and adopted. Motion Carried: All Yea: ITEM #3: PUBLIC HEARING: REQUEST BY NEW CONCEPTS DEVELOPERS FOR ANNEXATION AND ZONING WITH COAIDITIONAL USE PERMIT: Johnson: I will now open the Public Hearing, is there anyone representing the developer that would like to come forward. Gary Lee, JUB Engineers, 1990 Turnberry Way, Meridian, was sworn by the Attorney. Lee: I will give you a brief overview of the project. This request is for annexation and zone to an L-0 Limited Office District with general planned unit development. Along with that is a COnditional Use request for the different uses identified in the planned unit development preliminary plat. Included in that Conditional Use is the multi-family housing district, the daycare facility, a nursing home - retirement center and a mini storage warehouse facility. There are eleven lots one of which we are planning along the eastern border of the project to include 108 multi family apartment complex. The improvements for the site at this point will include public sanitary sewer system, that we intend to extend from W. Pine Street from an existing facility, there has been some concern expressed by the City Engineer about the depth of cover requirement on the project, we did a preliminary concept engineering plan which was submitted to your City Engineer, indicating that there would be some areas requiring additional fill over the natural ground. It will require about one to two feet of additional fill. The domestic water system will again be an extension of the public facility on Pine Street. The project will also have private streets within the facility. The streets will be maintained by the Homeowners Association. The development will include a pressurized irrigation facility. We are contimplating on reworking that floodway through there to incorporate it as a greenbelt and also to maintain its integrity as a floodway. Johnson: Does anyone have any questions? Dennis Marshall, 1921 Incline Way, Meridian, was sworn by the attorney. Marshall: Showed Members of the Commission a Plan of the facility. We have 60 cony. units, 30 intermediate care units and 40 retirement units. The building is an exact duplicate on the outside as Capital Care Center. The apartment projects will be mainly two & three MERIDIAN PLANNING & ZONING JUNE 12, 1990 PAGE #3 bedroom units. These will rent from $400.00 to about $550.00. Again this is designed to be in the middle-upper range, nothing in the lower range we are not interested in having another Farm Home project. The apartments will have open parking,some will have carports and some garages. Johnson: Are those multi-level? Marshall: Two story, no three story. Johnson: Any recreational areas? Marshall: Yes, there is a pool and lots of area for park area. Johnson: Any fencing involved? Marshall: No sir not at this point. Johnson: Have you contemplated this in stages? Marshall: At this point, this is all of one project. Johnson: what kind of office buildings? Marshall: Western Health Care Management and part owner of this project will have their main offices located here. The Day Care Center we will be leasing to a National Franchise. Johnson: How would you maintain land that you have set aside for future development? Marshall: we will keep it looking nice or it would mess up the whole project. Johnson: What consideration, if any, have you given with regard to access to Linder? Marshall: We tried to purchase this ground on the west side from Nadine Miller, we had made several offers and she had rejected them, the last offer 1 was told that it already had been sold. Rountree: Have you precluded the possibility of working .with the irrigation district to use that maintenance easement on the southern edge to get access. Marshall: We have not tried that. We are not opposed to that. Johnson: It's a nice looking project. Gary Lee: That subdivision west of the project, they have planned to replat that southern portion of that WestLawn and preclude that access to the boundary. Johnson: If this is approved this will be the single largest dollar project in Meridian in forever maybe. We're talking eleven million. Lee: I had some concerns about the intersection at Linder & Pine. I contacted ACRD and they have done studies on this intersection. The traffic would be at 60$ of capacity. Johnson: Did either one of you address these two properties that the City Engineer addressed MERIDIAN PLANNING & ZONING JUNE 12, 1990 PAGE #4 in his comments. ~~ Lee: That access along the Rutledge easement, I don't know how that would be with Nampa-Meridian. Rountree: Between the office space and the apartment units do you have any type of buffer or barrier? Marshall: We would prefer not to, just grass and landscape. Rountree: The homeowners association would be covenants maintain Nine Mile Creek easement. Marshall: Yes; Rountree: How about the back easmeent along Rutledge canal? Again do the homeowners accept maintenance of that area. Marshall: It is important to us that it is well maintained. There will be little traffic for the convelescent center, the same goes with the intermediate care. We will provide parking for the retirement center, and we will provide a van for them also. Rountree: Have you notified people on Pine .Street that this project is going to happen. Marshall: I gave a list of all the owners to the City Clerk. Hepper: Would any of the lots on the apartment areas or any of the lots be sold? Marshall: Our intention is to maintain it ourselves. The apartments are all in one spot, if they wanted to buy they would have to buy the whole thing. Hepper: When you talk about the homeowners association maintaining the common areas, there really wouldn't be any other homeowners other than the developers themselves. Marshall: The land in between, if someone came along and wanted to buy it I'm not saying we wouldn't sell. Johnson: Is there .anyone else from the public who wishes to offer testimony? There was no response, I will now close the Public Hearing. The Motion was made by Alidjani and seconded by Rountree to have the attorney prepare the Findings & Fact and Conclusions of Law regested by New Concepts Developers. Motion Carried: All Yea: The Motion was made by Rountree and seconded by Alidjani to recommend approval to the City Council and also in that recommendation to condition that further investigation be done with regards to access to Linder. Motion Carried: All Yea: MERIDIAN PLANNING & ZONING JUNE 12, 1990 PAGE #5 ITEM #4: PUBLIC HEARING: BRENT & GWEN ALGERS - COAIDITIONAL USE PERMIT 114 E. STATE ST.: Johnson: I will now open the Public Hearing, is there a representative present. Gwen Algers, 120 E. State St., was sworn by the attorney. Algers: The driveway is not part of Meridian Vision, we own that. Johnson: When I went by there looked like there was some delivery trucks parked there? Algers: No trucks parked there unless it's during a funeral. Johnson: Anything else you wish to add. Alidjani: I have a question for the City attorney, would I have any conflict of interest if I was one of the people that was notified about this request. Crookston: No. Rountree: Did you get a copy of ACHD's comments about replacing the sidewalks. You are agreeable to doing that. Algers: Yes. Hepper: Did you get the comments from the City Engineer, that says fencing is required for the parking area and residential lot. Algers: But there is no residential lot. It wouldn't apply as far as I can see. Crookston: Your proposal is just east of the Vision Center, isn't there some blacktop between the Vision Center and that home property. Alger: Right, we own all that. Johnson: Is there anyone else who wishes to testify? No response. I will now close the Public Hearing. The Motion was made by Rountree and seconded by Alidjani to have the Findings of Fact and Conclusions of Law prepared by the attorney also to recommend approval to the City Council. Motion Carried: All Yea: The Motion was made by Rountree and seconded by Alidjani to adjourn at 8:25 p.m.: MEETING ADJOURNED: (TAPE ON FILE) APPROVED: .,_- • JI JOH SON, IRMAN ~~ . ~ e i BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION NEW CONCEPTS DEVELOPERS, INC. ANNEXATION, ZONING AND CONDITIONAL USE FOR GENERAL PLANNED UNIT DEVELOPMENT LOTS 3, 4, & 5 WESTLAWN SUBDIVISION MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation, and zoning and conditional use application having come on for consideration on June 12, 1990, at the hour of 7:30 o'clock p.m, on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Commission having heard and taken oral and written testimony and the applicants appearing and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation, zoning and conditional use was published for two (2) consecutive weeks prior to the said public hearing scheduled for June 12, 1990, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the June 12, 1990, hearing; that the public was given full opportunity to express comments and submit evidence; and that AMBROSE, FirzcERA~o copies of all notices were available to newspaper, radio and BOROOKSTON Acoosam'oa F NDINGS OF FACT AND CONCLUSIONS OF LAW R.o. 6o..zl P g e - 1 Manaia~, iaeno e3eaz reieonooe eeea~si gMRROSE, FITZG ERALD 6 CROONSTON Atlorneya and F I Counaelore P a P.O. Boz 127 MerlEien, lAafto 8781P TelepNOne BBBra81 television stations. 2. That the property included in the application for annexation, zoning and conditional use is described in the application, and by this reference is incorporated herein; that the property is approximately 29 acres in size; it is on the south side of Pine Street about 300 feet east of Linder Road. 3. That the property is presently zoned by the county and is used agriculturally; the proposed use would be for offices, multi-family housing, child care facilities, nursing home/retirement center and mini-storage units. 4. The general area surrounding the property is used in a mixed fashion; the property to the north is used agriculturally and as office use and residences; the property to the west is a mobile home subdivision; the property to the east is a residence and vacant land; and the property to the south is railroad and agricultural property. 5. That the property is adjacent and abutting to the present City limits and is surrounded by the City on three sides. 6. The Applicant is not the owner but the owner is Equities International, Inc. 7. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 8. That the entire parcel of ground is included within the Meridian Urban Service Planning Area as the Urban Service DINGS OF FACT AND CONCLUSIONS OF LAW e - 2 Planning Area is defined in the Meridian Comprehensive Plan. 9. That the Application requests that the parcel be annexed and zoned Limited Office (LO), and further requests a conditional use permit for a General Planned Unit Development to allow the requested uses as set forth in paragraph 3. 10. That if the land were annexed at this time the City would be obligated to provide, at a minimum, police and fire protection services. 11. That the property is in the Warrior Neighborhood as set forth in Policy Diagram in the Meridian Comprehensive Plan Area. 12. That the property can be serviced with City water and sewer and such are available. 13. Ada County Highway District, the Department of Health, and Nampa & Meridian Irrigation District submitted comments and such are incorporated herein as if set forth in full. 14. That the City Engineer and Meridian Police Chief submitted comments and such are incorporated herein as if set forth in full. 15. That the (LO) Limited Office District is described in the Zoning Ordinance, 11-2-408 B. 5 as follows: AMBROSE, FITZGERALD BCROOKSTON Attorneys end F I Counaelora P a P.O. Bo, <EP Merltllen, Itle~o B3B~2 Tolepftone BBBJ/81 (L-0) LIMITED OFFICE DISTRICT: The purpose of the (L-0) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or DINGS OF FACT AND CONCLUSIONS OF LAW e - 3 emissions of a nature offensive to the overall purpose of this district. The L-0 District is designed to act as a buffer between other more intense non-residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal Water and Sewer System of the City of Meridian is a requirement in this district. 16. That a Planned General Development is defined as follows as set forth below and is an allowed conditional use in the Limited Office District: PLANNED GENERAL DEVELOPMENT (PD-G) -- A eve opment not o herwise istinguished under Planned Commercial, Industrial, Residential Developments, or in which the proposed use of interior and exterior spaces requires unusual design flexibility to achieve a completely logical and complementary conjunction of uses and functions. This PD classification applies to essential public services, public or private recreation facilities, institutional uses, community facilities or a PD which includes a mix of residential, commercial or industrial uses. 17. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission were given and followed, 18. That the Applicant has not submitted petitions signed ' AMBROSE, FITZG ERALO 6 CROO KSTON Altomaye and F I Cqunaelora P a R.o.eo.6xT Meridian, l0efto 83862 by at least 75% of the people owning property within 300 feet of the property indicating their approval of the use of the property as requested as such is only required in residentially zoned districts. ----__~ (DINGS OF FACT AND CONCLUSIONS OF LAW e - 4 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. 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a Legislative function. 3. That the Planning and Zoning Commission has judged this annexation and zoning use application by the standards contained in Section 50-222, Title 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. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been compiled with, 5. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the 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. AMBROSE, FIT2G ERALD B CROOKBTON Attomays ene F Couneelore R.o. eo..z7 P MariCien, IEafto 838.1 Ts1aD~one 888..81 7. That the annexation application has been initiated by ~NDINGS OF FACT AND CONCLUSIONS OF LAW ge - 5 the Applicant and the owners, and the annexation is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function the City has authority to place conditions upon the annexation of land pursuant to 67-6512, Idaho Code, and Section 11-2-418(D) of the City Zoning Ordinances. 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616 which pertains to development time schedules and requirements; that the Applicant will be required to connect to Meridian water and sewer; that the property will be subject to Site Planning Review; that the property will be subject to the requirements of the Ada County Highway District, the Central District Health Department requirements, the Nampa & Meridian Irrigation District, and the comments of the City Engineer. 10. That proper and adequate access to the property is available and will have to be maintained. il. That there has been an increase in population and a reduction in residential lots capable of being built in which warrants conversion of land previously used agriculturally to residential uses. 12. That since the Applicant's property is in the Warrior Neighborhood of the Comprehensive Plan, the annexation and zoning Application is in conformance with the Comprehensive Plan AM BROSE, FITZG ERALO 6 CROONSTON Attorneys end Counaelora P.O. Boa d2] Maritlian, Itlefta 83842 TelepBOne 8884481 and does not conflict with the Rural Areas policies. F~NDINGS OF FACT AND CONCLUSIONS OF LAW P qe - 6 13. That it is concluded that the annexation and zoning would be in the best interests of the City of Meridian. 14. Therefore, based on the Application, the testimony and evidence, these Findings of Fact and Conclusions, and the Ordinances of the City of Meridian, it is ultimately concluded that Applicant's property should be annexed and zoned as requested; that the conditions should be those stated above upon issuance of final platting or issuance of a building permit and other conditions to be explored at the City Council level; that such annexation would be orderly development and reasonable if the conditions are met. 15. That in regards to the conditional permit for the Planned unit developments it is hereby found that 11-2-418(C) of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area, the Planning and Zoning Commission preliminarily concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit is required by ordinance. b. The use would be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use. AMBROSE, FIT2GERAlD bOROOKSTON Anomeya ana F Counaelon P P.O. Box ~D MepElan, lae~o BSSaY TeleDKOna 888~~/81 c. The use apparently would be designed and constructed, to be harmonious in appearance with the ~NDIN65 OF FACT AND CONCLUSIONS OF LAW ge - 7 intended character of the general vicinity. d. That from a zoning standpoint, the use should not be hazardous nor should it be disturbing to existing or future neighboring uses. e. The property has sewer and water service available. f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community. g. The use would not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. h. Sufficient parking for the property and the proposed use must be provided. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. AM BROSE, FITZG ERALD d CROOKSTON Atlorneye end F counselors P P.O. Box 62] MeriClen, IEeho B386Z Telephone Be66681 ~NDINGS OF FACT AND CONCLUSIONS OF LAW ge - 8 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 Hepper Commissioner Rountree Commissioner Shearer Commissioner Alidjani Voted ~'~~ Voted~~--~ Voted h l~ Voted~~- Commissioner Johnson (Tie Breaker) Voted DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning requested by the Applicant for the property described in the application, subject to the conditions stated herein and recommend approval of the conditional use upon the conditions set forth in the findings of fact and the conclusions of law. MOTION: APPROVED: ~-~.~ DISAPPROVED: AMBROBE, FITZGERALD B CROOKSTON Allorneyn ene FI DINGS OF FACT AND CONCLUSIONS OF LAW Counaelom P a e - 9 P.O. Boa 427 MeriOian, le6~o 83802 eeo~one BBB-p61 BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION BRENT ALGER CONDITIONAL USE PERMIT 114 E. STATE STREET MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing June 12, 1990, 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 AM BROSE, FIT2G ERALD &CROOKSTON Atlornaye anC Counselors P.O. BoK 121 MerlElan, Idaho 83802 TaleOhona BBBde81 Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for June 12, 1990, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the June 12, 1990, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations; 2. That this property is located within the City of Meridian and is owned by the Applicant and is described in the application which description is incorporated herein. 3. That the property is zoned Old Town (OT), which requires a conditional use permit for the operation of a handcrafted gift shop which the application requests; that the proposed use is a retail store; that in Old Town conditional uses are generally required for any use where the property was not previously used for that purpose. 4. That the 0-T District is described in the Zoning Ordinance, 11-2-408 B. 10 as follows: (0-T) OLD TOWN DISTRICT: The purpose of the S'I'T istrict is o accommodate and encourage further expansion of the historical core of the community; to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, quasi-public, cultural, financial and recreational center of the City. A variety of these uses integrated with general business, medium- high to high density residential, and other related uses is encouraged in an effort to provide the appropriate mix of activities necessary to establish a truly urban City center. The district shall be served by the Municipal Water and Sewer systems of the City of Meridian. Development in this district must give attention to the handling of high volumes of traffic, adequate parking, and pedestrian movement, and to provide strip .commercial development, and must be approved as a conditional use, unless otherwise permitted. AMBROSE, FITZG ERALD S CROOKSTON ABOrneyn antl Counselors P.O. Boa 42] Meritll8n, Itla~o &9842 Telep8one 8BBJ481 5. That the use proposed by Applicant is an allowed conditional use in the 0-T district. 6. That other property in the area is used commercially and residentially; that the property to the south is used residentially and as a service station; the property to the north is a mortuary and funeral business; the property to the west is an optometrist office; the property to the east is residential. 7. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been given and followed. 8. That the building on the property is presently used as a residence. 9. That sewer and water is already connected to the property, but the use may require additional charges or fees. 10. That the City Engineer submitted comments and they are incorporated herein as if set forth in full herein. 11. That the Ada County Highway District (ACRD) submitted comments and they are incorporated herein as if set forth in full herein. 12. That the Applicant did not need to submit petitions signed by at least 75% of the people owning property within 300 feet of the property indicating their approval of the use of the property as requested by Applicant since the property is in the Old Town District. 13. That there was no public comment objecting to the Application. CONCLUSIONS 1. That all the procedural requirements of the Local AMBROSE, FITZGERALO 6 GROOKSTON Attorneys an0 Counaelore P.O. Box a2r MerlElAn, IEANo 87842 TelePNOna BBB~UB+ 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; that obtaining the consent of 75% of the owners of property within 300 feet of the external boundaries of the Applicant's property is not required. 2. That the City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian; 3. That the City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 07-6512, Idaho Code, and pursuant to 11-2- 418(D) of the Revised and Compiled Ordinances of the City of Meridian, Idaho; 4. That i1-2-418(C) of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area, the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit is required by ordinance. b. The use would be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use. c. The use is designed and constructed, to be harmonious in appearance with the intended character of the general vicinity. AM BROSE, FIT2G ERALD 6GROOKSTON Attorneys and Counselors v.o. Bo. azT MetlGien, nano a~Baz Telephone BB&aael d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses. e. The property has sewer and water service available. f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community. g, The use would not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. h. That sufficient parking for the property and the proposed use will be required. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. That the comments of the City Engineer must be met except for the fencing. 6. That the requirements of the ACRD shall be met as well as the requirements of Nampa & Meridian Irrigation District. AM BROSE, FITZGERALD &CROOKSTON Attorneys antl Counselors P.O. Box ~2T Merl0len, Itleho 83813 TaleOhone 888-N81 ~i APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. Dnl I rnl 1 COMMISSIONER HEPPER COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) DECISION AND RECOMMENDATION VOTED ~~~~- U VOTED E ~~- VDTED Q ~~ ~'~~~~ VOTED L rti VOTED The Meridian Planning and Zoning Commission hereby AMRROSE, FITZG ERALD 6CROOKSTON AttornaYS end Counselors P O. Boz l2] MerlEian, IEa~o 838a2 Ts1sDNOne BBB~U81 recommends to the City Council of the City of Meridian that they approve the Conditional Use Permit requested by the Applicant for the property described in the application with the conditions set forth in the Findings of fact and Conclusions of Law and that the property be required to meet the water and sewer requirements, the fire and life safety codes, and the Uniform Building Code, and other Ordinances of the City of Meridian. MOTION: APPROVEDz -l~" DISAPPROVED: