1990 03-13i ~
A G E N D A
MERIDIAN PLANNING & ZONING
MARCH 13, 1990
ITEM:
MINUTES OF THE PREVIOUS MEETING HELD FEBRUARY 13, 1990: (APPROVED)
MINUTES OF THE SPECIAL MEETING HELD FEBRUARY 27, 1990: (APPROVED)
1: PUBLIC HEARING: PRELIMINARY PLAT FOR CHERRY LANE VILLAGE $3 SUBDIVISION: (RECOMMENDED
APPROVAL)
2: PUBLIC HEARING: PRELINllNARY PLAT FOR MERIDIAN PLACE # 3 SUBDIVISION: (RECOMMENDED APPROVAL)
3: PUBLIC HRARTNG: REZONE REQUEST BY BOESIGNER, INC: (APPROVED)
4: FINDINGS OF FACT & CONCLUSIONS ON REQUEST FOR CONDITIONAL USE PERMIT BY
JACK BRUCK: (APPROVED)
5: FINDINGS OF FACT & CONCLUSIONS OF LAW ON REQUEST FOR CONDITIONAL USE PERMIT
BY VALENTI & TIMSON: (APPROVED)
6: FINDINGS OF FACT & CONCLUSIONS ON REQUEST FOR REZONE BY W.H.P~OORE: (APPROVED)
MERIDIAN PLANNING & ZONING MARCH 13, 1990
The Regular Meeting of the Meridian Planning and Zoning Commission was called to order
by Chairman Jim Johnson at 7:30 P.M.:
Members Present: Tim Hepper ,Charles Rountree,. Jim Shearer, Moe Alidjani:
Others Present: Max Boesiger, Marcia Burton,, Gary Lee, Scott Swanbeck, Barb Stotts,.
Wayne Crookston, Max Yerrington. Walt Casey,. Paul White,. Chris Korte,, Max Boesiger Jr.,
Julie Parker,. Terry Delaney,, Raleigh Hawe, Loring & Julie Evans, Steve Boyer, Michelle Atkinson,
Liz Bolts, Bob Strasser,:
The Motion was made by Alidjani and seconded. by Rountree to approve of the Minutes
of the previous meeting held February 13, 1990 as written:
Motion Carried: All Yea:
The Motion was made by Rountree and seconded by Alidjani to approve of the Minutes
of the Special Meeting held on February 27, 1990 as written:
Motion Carried: All Yea:
ITEM #1: PUBLIC HEARING: PRELIMINARY PLAT FOR CHERRY LANE VILLAGE #3 SUBDIVISION:
Johnson: I will open the Public Hearing, is there a representative here to address the
Commission on this issue, please come forward and be sworn by the attorney.
Gary Lee, JUB Engineers, I reside at 1990 Turnberry Way, was sworn by the Attorney.
Lee: Cherry Lane Village has been in development since 1978. This phase is phase 3.
Phase 3 is located off Ten Mile Road and is boardered by the Golf Course, adjacent to
Cherry Lane Village #2. The tentative plat for Cherry Lane #3 was approved in 1979.
The project consists of 35 acres, there will be 96 single family lots. Density on that
particular side is approximately 2.7 lots per acre, very low density in a zone of R-4.
The minimum lot size is 8,000 sq. feet. We will be requesting a variance on a few of
the lots for the minimum 70 ft. frontage requirement. The minimum structure size
identified on the original plat is 1250 sq. ft., we'd like to request that that be
modified to 1300 sq. ft. to meet the City's minimum requirement. The access to the
project is from Ten Mile Road, Arrodemy, and it's an extension of Woodmont Drive.
The irrigation system, even though this plan was approved some years ago, we will be
providing irrigation for phase 3 by a pressurized system. We've spoke with ACRD about
some of their concerns about the alignment of the Streets, again this plat was revised
to meet current standards. If there is any questions I'd be glad to answer them.
Alidjani: Have you had a chance to look at Gary SMith's comments, and do you have any
problems with them?
Lee: Yes, I have. No problems. We are looking at the concern stated about the depth
of the sewer.
Rountree: The letter from ACHD indicated that there would be a dedication of 33 ft. of
right of way from center line of Ten Mile, your plat shows 40 and that's consistent
with our Ordinance so if there is no confusion on your part it should be forty feet on
Ten Mile.
Ci
MERIDIAN PLANNING & ZONING
MARCH 13, 1990
PAGE#2
Lee: I think what we will probably do on that is, ACRD doesn't want to take any more
right of way than they feel they can maintain and that section is 33 ft. right of way
halfwidthyrhich will show on the final plat but will also show as an additional 7 ft.
future road easement available to the City, at such time they may need to develop a
wider street through there. In the meantime what will happen is that the fence lines
will be constructed on the 33 ft. right of way and the maintenance will be on the
property owner.
Rountree: Has there been any consideration given to fence & landscaping on Ten Mile?
Lee: The preliminary plat shows a fence line along Ten Mile on the right of way line,
it's showing on the 40 ft. line but I think we will have to put it on the 33 ft. line.
Rountree: Is that a common fence to be put in by the developer? Is there going to be 7
different fences or -
Lee: I'll ask Mr. White to comment on that.
White: To be put in by the Developer.
Rountree: You indicated there was some minor modifications on the final plat, could
you show what those are.
Lee: Basically what we've done is modified the lots that were substandard in domension.
Rountree: In extending the sewer main line down Woodmont to Ten Mile is that tieing
into an existing trunk line on Woodmont.
Lee: Yes it is.
Rountree: You've indicated that this is the 3rd development out there. Is there
a current concept for what's going to happen in Cherry Lane Village.
Lee: There is a master plan for the entire project which entails the 18 hole golf
course, there hasn't been any recent updates to what has been done.
Rountree: In the construction phase you have 40 lots in Phase A, how many in Phase B?
Lee: Probably 25 or so.
Rountree: There is a note on the plat, note 8 the final plat- The description of the
project indicates that the covenants are to be the same covenants that exist for
1 & 2 and that doesn't include a home owners association, that was generated by the
folks that live out there. This makes reference to a home owners association is that
going to be included in the covenants?
Lee: There will have to be a home owners association for this phase because of the
irrigation system. That is again one of the gray areas.
Rountree; One area that I think is going to become a problem is that area of the
irrigation facility along Woodmont. It's going to be behind a number of lots even with
the lateral and it's going to be between those lot fence lines and the access and the
golf course, any discussion either to surface that area or how to provide some maintenance.
MERIDIAN PLANNING & ZONING
MARCH 13, 1990
PAGE #3
Lee: That particular boundary line there separates what the development includes and
what the City of Meridian owns. It's on City property.
Hepper: The only question I had was on the square footage on the garages, the 360
sq. ft. garage, is that going to be adequate for two medium sized cars?
Lee: That was a figure we generated just as an estimate, 20x18, I'm sure that there
will be some garages that will be bigger than that.
Crookston: Has ACRD expressed any concern about protection where that road is going to
curve around the number 5 green?'
Lee: There was no concern stated in their comments.
Johnson: Anyone else present to address the COmmision on this issue, please come
forward and be sworn.
Loring Evans, 1955 N. Ten MIle, was sworn by the attorney.
Evans: I just had a questions on the usage of irrigation. I just needed to confirm
the availability of that water. There is only two of us that have rights to that water
in that ditch that runs adjacent to the property that is in question.
Lee: There will be a tiled pipeline installed.
Terry Delaney, 3671 Woodmont Dr., was sworn by the attorney.
Delaney: I'm a resident of Woodmont Drive, I purchased property there approximately
five years ago, the master plan was that Stanwich would be a go through street to
tie into Ten Mile, therefore eliminating most of the traffic. If Woodmont becomes
the access, we are opposed to that.
Steve Boyer, 3663 Woodmont Drive, was sworn by the Attorney.
Boyer: I also share the concern over Woodmont becoming the major connector. My concern
is that Woodmont will become a raceway from the back of Cherry Lane to Ten Mile, I'd
like to see something done to eliminate that problem.
Barbara Stotts, 3659 Woodmont Drive, was sworn by the attorney.
Stotts: We live at Lot 69 which is the end of the subdivision right now and we were
told when we moved in by a Realtor that it would be at least fifteen years before that
land would be platted. We bought the house under that assumption because we do have
small children. The culdesac at our house is constantly being used as a turn around by
teenagers.
Michelle Atkinson, 3721 Woodmont Drive, was sworn by the Attorney.
Atkinson: I just wondered why there currently are no stop signs or anything like that
in the subdivision?
Rountree: At this point, there isn't sufficient traffic volume to warrant any stop
signs.
MERIDIAN P & Z
MARCH 13, 1990
PAGE #4
Delaney: I would like to ask if Paul White or the gentleman that was here first could
comment on the possibilities of putting Stanwhich through. Any consideration to that
or do we leave here frustrated knowing that the subdivision is going to go in.
Johnson: One of the main functions of the P & Z is to gather testimony, we are not
the decision making body, we just make recommendations to the City Council.
Evans: The concept of the fence along Ten Mile, what my concern is, I'm a landscape
architect. At this point and time Ten Mile is just a country road. If you look
at it from a long term consideration, it will I believe in the future have a high
impact on the development and overall appearance of Meridian. If we simply address
a 30 ft. setback and a fence without any consideration given to landscape, if you think
of the long term affect of that I think it would be good if we could work with Mr. White
on perhaps some kind of proposal that we could do something to enhance the appearance
of Ten Mile other than just the fence.
Alidjani: The problem I see with that is we are going to have the same problem that we
have now and that is the existing side. There has to be some kind of maintenance
program and who is going to pay for that.
Evans: I can respect that but something has to be done.
Alidjani: Isn't there an irrigation ditch that goes along Ten Mile.
Evans: No sir, all that is there now is just a turf and then there is a small ditch.
In that area where development is proposed it is just an open ditch.
Gary Lee: We do have an extension on Stanwich planned. I do share the concerns
about the traffic problems because I live on Turnberry. By putting Woodmont in
I think it will more equally distribute the traffic. Addressing the concern about
the ditch and the fencing, the developer has indicated that since we are going to have
a homeowners association for the irrigation system and we will have irrigation water
available, it would lend itself to develop some landscape along Ten Mile, and I'm
sure we could work out some sort of fencing and landscape plan that would work.
Boyer: When will that future development be?
Lee: No time table developed for this project.
Delaney: I have two more comments, I think that 70-BOg although I do feel for Gary cause
I know he's on that corner. Most of the traffic coming there does come from the Boise
area rather than coming from Nampa The majority of that traffic will come through
I would venture to say that the greatest majority would come through Woodmont and
Interlachen will only be for the people going directly to the golf course. Is it a
possibility to put a mound fronting down Ten Mile Road. ~ ~,
J
Johnson: I will now close the Public Hearing. ~~L~
Rountree: I have the same concerns that the folks have expressed related to the traffic
problems. g, I think JUB and the developer coiYld s4t'down
with ACHD and possibly work out some solution for what I'm concerned with on Woodmont '~
not necessarily traffic v lames but traffic speeds. vi(w~^ {~- ~L
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MERIDIAN P & Z
MARCH 13, 1990
PAGE #5
The Motion was made by Rountree and seconded bg Shearer. to recommend to the City Council
to consider approval of Cherry Lane #3 with the conditions that are outlined in my
previous comment relative to design review for landscaping along Ten MIle, some
design consideration for reducing speeds on Woodmont and irrigation variance with
successful result of those issues approve the subdivision.
Alidjani: Are you asking for redesign or reroute the whole Woodmont to go through off of
Sugar Creek?
Rountree: No, I'm looking at some design features that could be put in there from the
traffic stand point in terms of signing, speed bumps, etc.
Alidjani: So you motion is for the design to stay as it is, but you just need some
design changes.
Rountree: Just some design changes to incorporate some of those features.
Motion Carried: All Yea:
PUBLIC HEARING: PRELIMINARY PLAT FOR MERIDIAN PLACE #3 SUBDIVISION:
Johnson: Is there anyone present who wishes to testify, please come forward. I will
open the Public Hearing.
Julie Parker, 10900 Goldenrod Ave., was sworn by attorney.
Parker: I am representing the developer. what we are basically proposing to do is
to take that large lot that was platted under Phase 2 and develop 41 buildable lots
with Lot 1 Block 1 being set aside for a well lot for the presurrized irrigation system
you require. We are extending NE 10th Ave. into the subdivision along with Chateau Dr.
and ending it up in our NW corner. They do share a corner north and west from our
NW corner they have another 40 acres but they don't have access to this project. We are
reducing the size of Chateau Drive with ACHD's approval from a 60 to a 50 in order to use
it as a residential street rather than a collector. We are proposing City sewer and water
and we are taking our storm drainage off of street draining it into a drop inlet with an
oil trap and piping it into the Jackson Stub drain which will itsself be tiled. We got
a current zoning of R-8 which means a 6,000 sq. ft. minimum and all of out lots exceed
8,000 sq. ft. We would like to add a note to the face of the plat stating that the owner
of that lot willbe entitled to a one time split. The developer will be constructing some
duplexes. There will four homes with the minimum of 1000-1099 sq. ft., eight homes
from 1100 to 1199, sixteen from 1200-1299 sq. ft., and 13 at 1300 sq. ft. and greater.
Mr. Raleigh Hawe has sent a letter expressing a concern about an easement for his
lateral which is the Stokeberry Lateral and the water distribution box that serves for the
irrigation for his property. This will be addressed and taken care of when we get
into the final engineering design stage and do a more extensive survey to find out where
that crosses our property and where it leaves.
Alidjani: Do you have any problem with the concerns of our City Engineer.
Parker: I tyaven't received his comments.
Alidjani: It reads that since Chateau is a main feeder line from the East I
wonder if it should be a more curved alignment to the NE 10th Ave. to provide a more
definite flow.
MERIDIAN P & Z
MARCH 13,1990
PAGE Ilb
Parker: I don't understand what he means by a more curved alignment ,with NE 10th
from Chateau abutting on the east. Explained further on comments from Engineer.
Alidjani: So do you have any problems with the comments?
Parker: No I don't.
Rountree: Your description indicates 4 to 6 duplexes, do you have any idea which
Lot and blocks those will be?
Parker: We will have one on Lot 8, Blk 4 and probably will have a cluster of three in
that culdesac area. They wanted some of the larger lots to have the duplexes on them.
They will be marked on the plat.
Rountree: Have you talked to ACRD, we haven't received comments from them.
Parker: Yes we have.
Hepper: On the presurrized irrigation system are you going to implement that.
Parker: Yes.
Crookston: It was my understanding that Chateau was a Collector Street.
There was some discussion.
Scott Swanbeck, 944 Claybourne Drive, was sworn by the Attorney.
Swanbeck: I have a couple of questions. It was indicated to our block at one time that
there is going to be a school going in somewhere out there, is this true?
Clerk Niemann: The School owns a piece of property. to the East of this property.
Swanbeck: How far will the houses go back up to that drain ditch that is there now?
Parker: That ditch will be covered with this development.
Swanbeck: With making the streets smaller like that won't that cause more problems
with people, everyone parks their cars on the street as it is anyway.
Alidjani: Your street is 50 ft. now which is what that will be.
Swanbeck: Ok, then that's all I have about that. Voiced some concerns about property
values being less with duplexes being put in also about water problems with pressure.
The last thing I wanted to mention, is that with more houses going back into that area
it will put a burden on the school districts. My children are bused 6 miles away now to
go to primary school. What are the plans for taking care of all these children that
will be in these houses in that area?
C,
MERIDIAN P & Z
MARCH 13, 1990
PAGE Ill
•
Shearer: I'd like to comment on that. If you get enough houses in an area then
the schools will have to make accomodations. They have already bought that piece
of ground out there.
Swanbeck: I'm not a person that's against building and all this but we need to
think ahead and have some preparations made.
Liz Bolts, 984 Claybourne Drive, was sworn by the Attorney.
Bolts: I have concerns about the traffic problems, my other concern is about having
duplexes, is this going to end up being a rental area with broken down everything.
I am glad to hear that the ditch will be covered. I've called the City officials about
my water pressure being bad now, what will it be like with all these houses put in.
Marsha Burton, 1011 E. Chateau, was sworn by the Attorney.
Burton: My first concern is also about the water. Not only is it an inconvenience but
it is also a concern if there was a fire will there be sufficient water pressure.
Asked about the square footage of these houses that are going in? Again, as far as
the duplexes are concerned, we don't want them to be run down.
Bob Strasser, 3165 N. Meridian Rd., was sworn by the attorney.
Strasser: A friend of mine mentioned to me that with all the
on in Meridian that the Schools being so crowded the way they
that we might be able to do is to put a bedroom tax on all de
because when you get a 4 or 5 bedroom house you probably have
will need school, you put some type of bedroom tax on and the
off of the tax payer.
Raliegh Hawe, 530 Blue Heron Ln., was sworn by the Attorney.
building that is going
are, one of the things
velopment that's going on
four or five kids that
developer taked the burden
Hawe: I own the property to the west of this parcel that is being subdivided. At the
NW corner of this subdivision is the point that I pick up the water for my property
which involves about 25 acres. Their subdivision is right at that edge of that
irrigation box. They are talking about easements and that - I notice they have a lot
that is proposed right at that particular junction where this irrigation lateral
is picked up. It's very key that a width of area has to be provided for access for
maintenance of that box, not only does it serve my farm but it serves several others
including the proposed developer for this particular place. Expressed concerns about
drainage and water tablesin the area.
Johnson: The drainage specifications will have to meet approval of Nampa-Meridian
Irrigation District.
Hawe: The fencing is the next question I have. The fencing that was put into the Willows
section all complied with the covenants of the subdivision with the exception of lot 5.
Voiced concerns about a wood fence with fire dangers. My next concern is about the
sewer lines, and that is that I show two streets here, one is the street that runs east
and west it's an extension of Chateau, at that point is the sewer connection going to be
stubbed off so that there could be an extension of that in the street. Just how the main
sewer line go through there to be handling these houses.
Clerk Niemann: That's something that's up to the Engineer.
z.
MERIDIAN P & Z • •
MARCH 13, 1990
PAGE #8
Johnson: I will now close the Public Hearing.
Alidjani: Do we have an adequate easement for the NW corner?
The Motion was made by Rountree and seconded by Shearer to recommend approval to the
City Council with conditions set forth for a resolution of the domestic water & drainage &
irrigation problems are taken care of.
Motion Carried: All Yea:
ITEM #3: PUBLIC HEARING: REZONE REQUEST BY HOESIGNER, INC.:
Johnson: I will now open the Public Hearing, if you wish to testify come forward and
be sworn.
Max Boesiger, 3710 Camborne, was sworn by the attorney.
Boesiger: A short time ago we submitted to you a plat of the Vineyards. This project
is beautiful and will have very large lots. We believe it will take from 7 to 10 years
to market the project. This project must be designed to be compatible with the community,
and designed in such a way to be an asset to the Vineyards Community. I'd like to introduce
to you our Planning & Real Estate Consultant, Chris Korte.
Chris Korte, 499 Main Street, Boise, was sworn by the attorney.
Korte: Presented a conceptual site plan. What the project entails is a small commercial
center approximately 4 acres in size. The types of uses we are contemplating is a convenience
commercial center which is small retail, office, dental, medical and daycare. Landscaping
on project is guaranteed. Explained report that was given out to Commission. (Tape on File)
Hepper: It states in the Comp. Plan that no more than one corner of an intersection
:should be developed as a neighborhood shopping center.
Korte: We believe that one corner is not enough to meet the needs of this area. Explained
further or. _hs. (Tape on File.)
Johnson: I will close the Public Hearing.
The Motion was made by Alidjani and seconded by Shearer to have the attorney prepare
the FIndings of Fact and Conclusions of Law.
Motion Carried: All Yea:
The Motion was made by Shearer and seconded by Hepper to recommend approval for this
rezone to the City Council.
Motion Carried: All Yea:
ITEM #4: FINDINGS OF FACT &
BRUCK:
ON REQUEST FOR CONDITIONAL USE PERMIT BY JACK
The Motion was made by Rountree and seconded by Shearer that the Meridian Planning and
Zoning Commission hereby adopts and approves these Findins of Fact and Conclusions.
Roll Call Vote: Hepper - Yea; Rountree - Yea; Shearer - Yea; Alidjani -Yea;
Motion Carried: All Yea:
MERIDIAN P & Z
MARCH 13, 1990
PAGE #9
The Motion was made by Rountree and seconded by Alidjani that the Meridian Planning
and Zoning Commission hereby recommends to the City Council of the City of Meridian
that they approve the Conditional Use Permit requested by the Applicant for the property
described in the application, subject to the conditions stated herein.
Motion Carried: All Yea:
ITEM #5: FINDINGS OF FACT AND CONCLUSIONS OF LAW ON REQUEST FOR CONDITIONAL USE PERMIT
BY VALENTI & TIMSON:
The Motion was made by Shearer and seconded by Rountree that the Meridian Planning &
Zoning Commission hereby adopts and approves the Findings of Fact and Conclusions.
Roll Call Vote: Hepper - Yea; Rountree - Yea; Shearer - Yea; Alidjani - Yea;
Motion Carried: All Yea:
The Motion was made by Alidjani and seconded by Rountree that the Meridian Planning
& Zoning Commission hereby recommends to the City Council of the Cityof Meridian that
they approve the rezone requested by the Applicant for the property described in the
application, subject to the conditions stated herein.
Motion Carried: All Yea:
ITEM #6: FINDINGS OF FACT & CONCLUSIONS ON REQUEST FOR REZONE BY W.H. MOORE:
The Motion was made by Hepper and seconded by Rountree that the Meridian Planning &
Zoning Commission hereby adopts and approved these Findings of Fact and Conclusions.
Roll Call Vote: Hepper - Yea; Rountree - Yea; Shearer - Yea; Alidjani - Yea;
Motion Carried: All Yea:
The Motion was made by Hepper and seconded by Shearer that the Meridian Planning & Zoning
Commission hereby recommends to the City Council of the City of Meridian that they approve
the Rezone requested by the Applicant for the property described in the application,
subject to the conditions stated herein.
Motion Carried: All Yea:
Crookston: Gave a brief overview of the meeting held regarding the changes to the Comp.
Plan. (TAPE ON FILE)
The Motion was made by Rountree and seconded by Shearer to adjourn at 9:30 P.M.:
(TAPE ON FILE)
ATTEST: APPRO
.~ ''
L~,._--._...
JAC IE N, TY CLERK J 1 JOHI SON CHAIRMAN
i
~ ~
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
BOESIGER, INC.
REQUEST FOR REZONE
1302 EAST FIRST STREET
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AMBROSE,
FIT2G ERALD
B CROOKSTON
Attorneys antl
Counaelora
F.G. BaR OZ]
Marltllan, Itlaho
8384Y
TeIeDKOne BB&t~81
The above entitled matter having come on for public
hearing March 13, 1990, at the hour of 7:30 o'clock p.m., the
Petitioner appearing through Max Boesiger and Chris Korte, and
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 of Law:
FINDINGS OF FACT
1. That a notice of public hearing on the rezone request
was published for two (2) consecutive weeks prior to the said
public hearing scheduled for March 13, 1990, the first
publication of which was fifteen (15) days prior to said
hearing; that the matter was duly considered at the March 13,
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
PAGE - 1
Meridian and is described in the application, which description
is incorporated herein as if set forth in full and is at the
Southwest corner of the intersection of Linder Road and Cherry
Lane; the property is presently zoned R-4 Residential and is
and has in the past been used as farm ground; the proposed use
of the property is to locate neighborhood convenience shopping
and possibly a day care center.
3. That most of the surrounding property is zoned R-4
Residential, however the property to the East across Linder
Road is zoned C-N, Neighborhood Business.
4. The Applicant requests that the property be rezoned
from R-4 Residential to C-N Neighborhood Business (C-N).
5. That the property is contained in the WARRIOR
neighborhood as designated on the Policy Diagram at Page 7 of
the Meridian Comprehensive Plan; neighborhoods are defined in
the Plan at Page 6 and states as follows:
NEIGHBORHOOD: "The neighborhood is a residential area
with uni orm characteristics of a size comparable to
that usually served by an elementary school or a small
business convenience center or a local park. Although
neighborhoods occur in various shapes and sizes, a
section of the City measuring one-half to one-and-one-
half miles across is usually used for planning
purposes. It has facilities within easy walking
distances and provides the basis for community
identification."
6. That the C-N District is described in the Zoning
AMBROSE,
FITZGERALD
ACROOKSTON
Attorneys and
Counaelon
V.O. Box 12T
Me/IOlen, Itlel~o
8]812
TeleVKOne 888-1181
Ordinance, 11-2-408 B. 6 as follows:
(C-N) NEIGHBORHOOD BUSINESS DISTRICT: The purpose of
the (C-N) District is to permit the establishment of
small scale convenience business uses which are
intended to meet the daily needs of the residents of
FINDINGS OF FACT AND CONCLUSIONS OF LAW
PAGE - 2
an immediate neighborhood (as defined by the policies
of the Meridian Comprehensive Plan); to encourage
clustering and strategic siting of such businesses to
provide service to the neighborhood and avoid
intrusion of such uses into the adjoining residential
districts. All such districts shall have direct
access to transportation arterials or collectors, be
connected to the Municipal Water and Sewer systems of
the City of Meridian, and shall not constitute all or
any part of a strip development concept.
7. That the uses proposed by the Applicant are allowed in
the C-N District except for the day care use which requires a
conditional use in any zone.
8. That the property to the west is presently farm ground
but is proposed to be developed for residential purposes; the
property to the east is presently vacant but is zoned (C-N); the
property to the south is farm ground but is proposed to be
developed as a residential subdivision; the property to the
north is a residence, and farm ground.
9. That the property is a parcel of ground that is
approximately 4 acres in size.
10. That the property can be connected to City sewer and
water.
11. That Cherry Lane is designated as a principal arterial
and Linder Road is designated as a minor arterial.
12. That while the southeast corner of Linder Road and
AM BROSE,
FITZG ERALO
S CROOKSTON
Allorneye end
Counsslorn
P.O. Bo><~27
MerlOlan, IONo
8382
Telephone BBB~A81
Cherry Lane is designated as C-N, there presently is no
development on that property; that there is no existing
commercially used property within one-half mile of the subject
property.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
PAGE - 3
13. That there was no public testimony at the public
hearing objecting to the proposed use.
14. That comments were submitted by the City Engineer,
Nampa & Meridian Irrigation District and the Ada County Highway
District; those comments are incorporated herein as if set forth
in full herein.
15. That the Applicant submitted a Commercial Analysis for
the property prepared by Chris Korte.
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 grant
zoning amendments and rezones pursuant to Title 67, Chapter 65,
Idaho Code, and pursuant to 11-2-416 of the Revised and
Complied Ordinances of the City of Meridian, Idaho.
3. That the City has the authority to take judicial
notice of its own ordinances, other governmental statues and
ordinances, and of actual conditions existing within the City
and state.
4. That the City of Meridian has authority to place
AMBROSE,
FITZG ERALD
d CROOKSTON
Attorneys antl
Coonselon
P.O. Box ~2T
MerlElan, Itlelto
8382
Telepftone BB&x~8t
conditions upon granting a zoning amendment.
5. That the City has judged this Application upon the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
PAGE - 4
basis of guidelines contained in Section 11-2-416 of the Revised
and Compiled Ordinances of the City of Meridian and upon the
basis of the Local Planning Act of 1975, Title 67 Chapter 65,
Idaho Code, the Comprehensive Plan of the City of Meridian, and
the record submitted to it and the things of which it can take
judicial notice.
6. That 11-2-416 (K) of the Revised and Compiled
Ordinances of the City of Meridian sets forth standards under
which the City shall review applications for zoning amendments;
that upon a review of those requirements and a review of the
facts presented and conditions of the area, the Planning and
Zoning Commission specifically concludes as follows:
(a) The new zoning would be harmonious with and in
accordance with the Comprehensive Plan and no
Comprehensive Plan amendment is required.
(b) The area is in the WARRIOR neighborhood which
allows some commercial uses and a rezone of the
subject property is in line with that designation.
(c) The area included in the zoning amendment was not
intended to be developed in the future in the fashion
that would be allowed under the new zoning but the
zoning of the southeast corner of Linder and Cherry
Lane indicate the new zoning would not be contrary to
the allowed uses in the area.
(d) The roads have been widened at the intersection
which tend to dictate that the area may lend itself to
be rezoned for a commercial use.
(e7 That the property should be designed and
constructed to be harmonious with the surrounding
area, and such is a requirement and condition of the
rezone.
AMBROSE,
FITZGERALD
B CROOKSTON
Attorneys and
CAUnaalor8
P.O. Box X17
Mer101~n, IOSha
838x2
Telephone 886U81
(f) The proposed uses would not be hazardous or
disturbing to the existing or future uses of the
neighborhood.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
PAGE - 5
(g) The property should be able to be adequately
served with public facilities, and connection to
municipal sewer and water is required.
(h) The proposed use would not create excessive
additional requirements at public cost for public
facilities and services and would not be detrimental
to the economic welfare of the community but should
in fact be beneficial.
(i) The proposed uses will not involve any
detrimental activity to any person's property or the
general welfare.
(j) Development should not cause a significant
increase in vehicular traffic and should not interfere
with surrounding traffic patterns.
(k) That this rezone will not result in the
destruction, loss or damage of any natural or scenic
feature or major importance.
(1) The proposed zoning amendment is in the best
interest of City of Meridian.
7. The development of the property should not create a
tendency towards strip development.
8. That the comments submitted by the Nampa & Meridian
Irrigation District, Ada County Highway District, and the City
Engineer as incorporated herein shall be a requirement for the
rezone.
9. That all applicable fire, life safety, building codes,
AMBROSE,
FITZG ERALD
Attorneys anE
Counaebre
G.G. BOR lZ]
and other codes and regulations and all of the ordinances of the
City of Meridian shall be met prior to occupancy and
thereafter; that development shall be subject to design review
pursuant to 11-2-410 C.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
PAGE - 6
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
Chairman Johnson (Tie Breaker}
DECISION AND RECOMMENDATION
Voted
Voted
Voted
Voted
Voted
The Meridian Planning and Zoning Commission hereby
recommends to the Cit~C~~i~ of the City of Meridian that they
approve the Conditional,~,jj5,66 Permit requested by the Applicant
for the property described in the application, subject to the
conditions stated herein.
MOTION:
APPROVED: W~j DISAPPROVED:
~WN~^'~
AMBROSE,
FITZG ERALO
B CROOKSTON
Attorneys an0
C.OUn9BlOf!
P.O. Box 421
Meritllan, Itlaha
83842
FINDINGS OF FACT AND CONCLUSIONS OF LAW
PAGE - 7