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The Motion was withdrawn by Alidjani.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
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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
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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:
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(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
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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.
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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,
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6 CROONSTON
Attorneys end
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83842
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and does not conflict with the Rural Areas policies.
F~NDINGS OF FACT AND CONCLUSIONS OF LAW
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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.
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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.
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FITZG ERALD
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MeriClen, IEeho
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~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
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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
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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
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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
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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: