1990 02-27
A G E N D A
SPECIAL MEETING
MERIDIAN PLANNING & ZONING
FEBRUARY 27, 1990
ITEM:
1: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT BY JACK BRUCK FOR AUIb
SALES & DETAIL SHOP AT 436 EST FIRST STREEP: (FINDINGS OF FACT TO BE PREPARED)
2: PUBLIC HEARING: REZONE REQUEST FOR VALENTI/TIMSON AT 1302 EAST FIRST STREET:(FINDINGS OF
FACT TO BE PREPARED WITH APPROVAL RECOMMENDED)
3: PUBLIC HEARING: REZONE REQUEST BY W.H. MOORE, INC. ON OVERLAND ROAD: (FINDINGS OF FACT
FACT TO BE PREPARED WITH APPROVAL RECOMMENDED)
4: FINDINGS OF FACT & CONCLUSIONS OF LAW ON REQUEST FOR CONDITIONAL USE PERMIT
BY BATES/FISHEL FOR USID CAR IOT AT 225 WEST FRANKLIN: (APPROVED)
5: FINDINGS OF FACT & CONCLUSIONS OF LAW ON REQUEST FOR CONDITIONAL USE PERMIT BY
TAMI SHOFlNAKER AT 1031 EAST FIRST STREET FOR CUSTOM DECOR & GIFT SHOP: (APPROVED)
6: FINDINGS OF FACT AND CONCLUSIONS OF LAW ON REQUEST BX WAYNE & MARY WILLIAMSON FOR
CONDITIONAL USE PERMIT FOR A PUD RESIDENTIAL SINGLE FAMILY DEVELOPMENT: (APPROVED)
SPECIAL PLANNING &
FEBRUARY 27
The Special Meeting of the Meridian Planning & Zoning Commission was called to order
by Chairman Jim Johnson at 7:30 P.M.:
Members Present: Jim Shearer, Tim Hepper, Moe Alidjani, Charlie Rountree:
Others Present: Rich Allison, Jack Bruck, Dave Roylance, Winston Moore, Dale Ownby,
Gary & Peggy Timson, Tami & Jim Shoemaker, Wayne Crookston:
ITEM#1: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT BY JACK BRUCK FOR AUTO
SALES & DETAIL SHOP AT 436 EAST FIRST STREET:
Johnson: I will now open the Public Hearing, is there anyone present who wishes to
testify, if so please come forward and be sworn by the Attorney.
Rich Allison, 1040 E. Pine, was sworn by the Attorney.
Allison: Mr. Bruck has currently made an offer to purchase the property at 436 E. First
Street contingent upon a Conditional Use Permit to run an Auto Sales Lot & Detail Shop
on the property. Basically he plans to remove an existing older home on the property
and two existing old storage sheds and then grade a parking lot and relandscape, which
it will certainly clean it up and make it more attractive. We have read the comments,
one thing on the City Engineer's comments, he indicates that City water & sewer would
not be currently being used on the property with the removal of the house, actually the
block building does contain a restroom including a toilet and sink, so there would be
City water service and sewer service in the block building as well. Under the other
comments we see no problem meeting these requirements. I noticed that we received a
copy of a letter from a Mrs. Thompson who lives within the 300 ft. radius of this
property, her comments address traffic problems. I did drive by the property and I do
understand what her problem is, in the past the conditional use permits that clients
or customers of mine that have a pride have fulfilled the requirements as per the
presentation we have made. I would certainly agree that I would feel as badly as Mrs.
Thompson and others do if in fact I owned the property adjacent and that if the party
applying for the Conditional Use Permit did not fulfill the requirements certainly
they would be subjected to City review.
Shearer: I'd like to point out a couple of items in the ACHD request for right of way.
They're under the impression that that is a 60 ft. right of way, there is already an
80 ft. right of way there so they won't be taking any of the property of the lots.
I assume the client is aware of the LID that is coming up that will take care of the
sidewalks & curbs, etc.
Allison: Yes, the client and I did meet with Terry Smith and he did receive a copy
of the costs and the proposed plan for the renewing of First Street. There is a 90 ft.
radius required at the corner which will I guess will be moved back or out depending on
houw the engineer designed it for the project.
Shearer: Does your client currently have an operation in Booise.
Allison: Yes, he is currently the owner of College Auto Body, which is located near
the University. Jim Matlock who lives in the area was asked by a number of the owners
to go over and review his operation so see if it was a clean and appropriate operation,
he reported favorably.
SPECIAL MEETING P & Z
FEBRUARY 27, 1990
PAGE #2
Rountree: What nature of repair work will be done.
Allison: I'd rather have Mr. Bruck to address that.
Rountree: How many service bays will there be?
Bruck: Well currently there is only one service bay in the block building, and then in the
metal building itself it has one roll up door as well.
Rountree: So the block building would be sales and associated activities with service-
Bruck: No that would be auto detailing and the other building only has electrical service
in it at this time, it would be more of a storage area.
Rountree: Does the bill board go?
Allison:That hasn't been discussed in detail. I believe that he'd like to keep it.
Bruck: Yes, I'd like to keep the bill board.
Rountree: What's the landscaping going to consist of?
Allison: It will consist of landscaping the portion between the sidewalk and the curb.
Hepper: The parking lot, is it going to be paved?
Bruck: Yes, eventually.
Allison: The plan does meet the requirements of the City with a 10 x 19 foot
parallel parking or 90 parking and that the drive does exceed 25 feet which also meets
the City requirements.
Hepper: What about lights?
Bruck: Yes.
Hepper: Would you mainly be selling used cars?
Bruck: Mainly used cars. I do have a license now.
Jack Bruck, 1295 w. McMillan Rd., was sworn by the Attorney.
Hepper: Would there be any non-running cars?
Bruck: No.
Hepper: I think that should be a condition of the Conditional Use, is that no junk cars
or parts be allowed.
Crookston: On the ACHD requirements, they have indicated that the urban renewal project
will satisfy there site specific requirement #3 if the LID and the urban renewal project
is not for some reason unsuccessful, are you prepared to meet item #3?
Allison: There currently exists a 5 foot sidewalk throught the front of the property.
SPECIAL MEETING P & Z
FEBRUARY 27, 1990
PAGE #3
As far as the curb and gutter, that is existing, and as far as matching paving you
know the entire street is paved to the curb at the present time, are w~ addressing
moving the street back an additional 3 feet as per the requirement under the renewal
plan or are we talking about what exists today?
Crookston: Well I don't know I just want to make sure that if your consenting to ACHD's
site specific requirements that in the event the LID and the urban renewal project
is not commenced are you still prepared to meet these ACRD requirements.
Allison: My understanding is that if E. First is reconstructed that it is going to be
widened to a 6 foot right of way, if the City project does not commence my understanding
is that that is what is there right now.
Johnson: Did you mention anything about fencing?
Bruck: Explained where he is going to fence.
Johnson: Is there anyone else from the Public who would like to offer testimony, hearing
no response the Public Hearing is closed.
The Motion was made by Rountree and seconded by Alidjani to have the Findings of Fact and
Conclusions of Law prepared for this proposal.
Motion Carried: All Yea:
The Motion was made by Rountree to have a recommendation to approve the Conditional Use
with the conditions stated in the attached comments from ACRD and conditioned that all
excess auto body parts be hauled away from the property.
Alidjani: Rich, did you ask for a variance just in case the downtown redevelopment
project did not go through or did you agree that the expense would be on the land owners
for the setbacks and curbs & gutters and whatever else ACRD might have, I'm not sure if
I'm clear on that.
Allison: My understanding is that if the project is not complete as we have it planned
at the present that it would be taken in to consideration to redo the project next year.
It would not be the intention of the purchaser to redo curb, gutter and sidewalk at this
time, if in fact within the next two years it's going to be done and he's also going to
be charged a fairly sizable amount of money to have it renewed. So it would be our intention
to allow that his Conditional Use take effect at such time that the street is renewed he
would pay his proportionate share.
The Motion was seconded by Alidjani.
Shearer: In regard to the Motion I'd like to with hold my Yea or Nay as far as approval
until I can research his existing.
Alidjani: I have seen some of Mr. Bruck's work, it's great.
Motion Carried: All Yea:
ITEM #2: PUBLIC HEARING: REZONE REQUEST FOR VALENTI/TIMSON AT 1302 EAST FIRST STREET:
Johnson: I will now open the Public Hearing, is there a representative to come forward.
SPECIAL MEETING P & Z
FEBRUARY 28, 1990
PAGE #4
Dale Ownby, 1195 E. Overland, Meridian, was sworn by the Attorney.
Ownby: I think all questions have been answered in the application, I would just like
to state for the record that existing usage as residential with zoning R-15 and being
asked to change it to a Commercial Zone in a Professional Photographers Studio for the
property. Also, the property immediately south of the subject property has been purchased
by the United States Postal Service. Adjoining property to the east is two duplexes, and
the adjoining property iaanediately to the north is a residential use, however from that
point north clear to Fairview is zoned Commercial. In regard to comments that the City
Engineer has made I would just state that the Mr. & Mrs. Timson are in favor of the
new improvements that are going to be made along E. First Street and with regard to the
parking spaces, all of the parking that is proposed is on the south side of the house and
immediately east of the house where there will be a turn around. The portion of the
building that will be used fosthe shop is only the main level which is 908 square feet.
Any chemicals that are used in the developing process, most all of Kodak's are free
of any hazard as far as any environmental problems and he does not plan on moving the
lab to that location. The Timson's do not have any problem allowing for ingress and
egress throught the property to maintain the sewer line, they would like to request
to have some type of control if the City would decide to extend that sewer line from the
existing point which is on the north boundary to the south boundary, one of the main
reasons he's purchasing the property is for the aesthetic of the back yard. He would
like to have the priveledge of moving any trees or shrubs forward that needed to be moved.
Alidjani: I would like to inform you that I am a realtor, even though I'm not involved
with that particular sale would that be a conflict of interest?
Crookston: You would be wise not to participate.
Shearer: My place is just down the street so I am familar with the property, there
is a problem with the irrigation between the irrigation box and the next property which
belongs to Thomsons, I don't know what's wrong, but it's at that property and it needs to
be taken care of.
Ownby: Which end of the property, the north or south?
Shearer: On the south end of the property is where the box is and for some reason there
is not enough volume to take care of the water.
Ownby: It was my understanding also that if this project did in fact move forward that
all of the existing irrigation ditches that were either in the right of way or near
the right of way would be redone. I have to assume if that project is completed that it
would betaken care of, if not then I would have to assume that my understanding of
irrigation water, anytime properties beyond that point any owners are also responsible.
Shearer: This is something that needs to betaken care of.
Rountree: You indicated that there is an upstairs, what is the proposed use for that?
Ownby: They don't propose to use the upstairs for any type of commercial use, they may
use it for storage or perhaps a lounge area or something like that.
Hepper: I didn't catch what you said about the off street parking.
Ownby: The requirement is 1 space for every square foot of usable tbuilding and so
there proposal is to double the width of the driveway so that there would be ingree and
agree in the driveway at the same time. That would beat least six spaces.
SPECIAL MEETING P & Z • •
FEBRUARY 27, 1990
PAGE #5
Johnson: Anyone else from the public who wishes to testify, hearing none the Public Hearing
is now closed.
The Motion was made by Shearer and seconded by Rountree to have the Findings of Fact and
Conclusions of Law of drawn up and reflect approval in these Findings of Facts.
Motion Carried: All Yea:
ITEM #3: PUBLIC HEARING: REZONE REQUEST BY W.H. MOORE, INC. ON OVERLAND ROAD:
Johnson: I will open the Public Hearing is there anyone present who would like to
come forward and testify of this issue.
Winston Moore, 11665 Thomas Drive, Boise, was sworn by the Attorney.
Moore: I am not here to give testimony, but am here to answer any questions you might
have.
Shearer: This abutts industrial property now, right, there is not a property between
Western States and this that's zoned commercial.
Moore: There is a property between my property and Western States, I'm not sure how it
is zoned. In response to not receiving ACHD's comments, Dave Roylance is present
and he has been working with ACRD the last few days. We understand what they are asking
and we have agreed to that. They are requireing another 15 feet of right of way on the
north side of Overland Road to create a sixty foot total right of way and a couple of
other items that we agreed to.
Dave Roylance, 285 First Street, Eagle, was sworn by the Attorney.
Roylance: There is currently 25 feet of right of way and we are going to dedicate another
15 feet for a total of 40 on that side, a total of 80 ft. There is a couple of other
things that they wanted done that are concerned with the geometry of the street which
is standard and we are prepared to do that. The only thing that we have asked for and
they have verbally agreed to is that we don't want to put sidewalks in. This particular
property doesn't need alot of frontage, we just like to put a little interest in our
project.
Rountree: You indicated there is some landscape this appears to be to the east of the
display pad, you can't really tell what happens on the west side.
Roylance: There is a sign there and some landscaping in the front.
Rountree: The bulk of the yard is going to be gravel.
Roylance: Yes that's right.
Hepper: It states in your application that the final agreement has not been reached with
Arnold Machinery, has the final agreement been reached?
Moore: The final agreement has been reached, yes.
Roylance: No decision on the sewer yet.
Moore: It is our intention to work with the City. We have agreed to contribute an amount
SPECIAL MEETING P & Z • •
FEBRUARY 27, 1990
PAGE #6
equal to what it would cost us to extend the trunk line from where it is now at Western
Equipment to the corner of our property.
Johnson: Is there anyone else who wishes to testify, hearing no response the Public
Hearing is closed.
The Motion was made by Hepper and seconded by Shearer to have the attorney prepare the
Findings of Fact and Conclusions of Law with a recommendation for approval.
Motion Carried: All Yea:
ITEM #4: FINDINGS OF FACT & CONCLUSIONS OF LAW ON REQUEST FOR CONDITIONAL USE PERMIT
BY BATES/FISHEL FOR USED CAR LOT AT 225 WEST FRANKLIN:
Johnson: If you don't have any questions please entertain a motion.
The Motion was made by Alidjani and seconded by Rountree that the. Meridian Planning
and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions.
Roll Call Vote: Alidjani - Yea; Rountree - Yea; Shearer - Yea; Hepper - Yea:
Motion Carried: All Yea:
The Motion was made by Alidjani and seconded by Rountree 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 and that such conditional
use be reviewed on an annual basis for compliance with the conditions stated herein.
Motion Carried: All Yea:
ITEM aIS: FINDINGS OF FACT & CONCLUSIONS OF LAW ON REQUEST FOR CONDITIONAL USE PERMIT BY
TAMI SHOEMAKER AT 1031 EAST FIRST STREET FOR CUSTOM DECOR & GIFT SHOP:
Johnson: Are there any questions on these Findings of Facts?
Shearer: I am still bothered by ll6 the second line that indicates the property to the
north has previously been used commercially I think that should read that it is currently
zoned commercially.
Johnson: We can make that notation, that is correct it is zoned commercially.
The Motion was made by Rountree and seconded by Shearer that the Meridian Planning &
Zoning Commission hereby adopts and approved these Findings of Fact and Conclusions of
Law in addition to the amendment to Item 1~6.
Roll Call Vote: Hepper - Yea; Rountree - Yea; Shearer - Yea; Alidjani - Yea;
Motion Carried: All Yea:
The Motion was made by Rountree and seconded by Shearer that the Meridian Planning &
Zoning Commission hereby recommends to the City Council of the City of Meridian that they
SPECIAL MEETING P & Z
FEBRUARY 27, 1990
PAGE Ik7
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 Carried: All Yea:
ITEM Ik6: FINDINGS OF FACT AND CONCLUSIONS OF LAW ON REQUEST BY WAYNE & MARY WILLIAMSON
FOR CONDITIONAL USE PERMIT FOR A PUD RESIDENTIAL SINGLE FAMILY DEVELOPMENT:
., Johnson: Reviewed the change in application for Wayen & Mary Williamson.
The Motion was made that the Meridian Planning & Zoning Commission hereby adopts
and approved these Findings of Fact and Conclusions, by Hepper and seconded by
Alidjani.
Roll Call Vote: Hepper - Yea; Alidjani - Yea; Rountree - Yea; Shearer - Yea;
Motion Carried: All Yea:
The Motion was made by Hepper and seconded by Rountree 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 under the conditions contained herein, specifically
11-9-607 of the Revised and Compiled Ordinances of the City of Meridian, and subject
to approval of the final development plan and design review and subject to approval
of the home owners association documents and of the restrictive covenants.
Motion Carried: All Yea:
Being no further business to come before the Commission the Motion was made by Shearer
and seconded by Rountree to adjourn at 8:15 P.M.:
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
__ J
jI JOH SON, CHAIRMAN
ATTEST:
~ ,<
c
JA N CITY CLERK
`~ ~ i
• •
AMENDED NOTICE OF SPECIAL MEETING
NOTICE IS HEREBY GIVEN that the Planning and Zoning
AMBROSE,
FIT2G ERALD
d CROOKSTON
Atlomays an0
GOUn9910ra
P.O. Boa 187
Mer181an, IMllo
83811
TelapAOne BBB~1181
Commission of the City of Meridian will hold a special meeting
at 7:30 o'clock p.m., Tuesday, February 27, 1990, at the
Meridian City Hall, 33 East Idaho Street, Meridian, Idaho. The
purpose of said meeting is to consider and take action on the
Application of Humbert Valenti and Gary and Pe99y Timson for a '
rezone request for a professional photography studio at 1302
East First Street, Meridian, Idaho, and the Application of Jack
Bruck for a conditional use permit for an automobile sales and
detailing shop at Lots 9 and 10 Bowers First Addition, on the
S„E. corner of First and Bower Streets, known by the address of
436 E. First, Meridian, Idaho, and the Application of W. H. ~
Moore and Company for a rezone of a portion of the S 1/2 of the
SW 1/4 of Section 18, T. 3N., R. lE., B.M., Ada County, Idaho,
fclr a new regional facility for ARNOLD MACHINERY. This property
is generally located North of Overland Road and 500 feet West of
Western States Equipment Company, Meridian, Idaho.
IT IS FURTHER NOTICED that the Planning and Zoning
Commission will also consider and take action on the Findings of
Fact and Conclusions of Law on the Applications of DALE BATES,
VALLEY IMPLEMENT, INC., and SAM FISHELS' for a conditional use
- - .
permit at 225 W. Franklin Road, Meridian, Idaho, of TAMI
SHOEMAKER for a conditional use permit at 1031 E. First Street,
Meridian, Idaho, and WAYNE and MARY WILLIAMSON'S conditional use
application for a residential planned unit development in the
1400 Block of West 4th Street, Meridian, Idaho.
The public is welcome but no testimony and comments will be
taken regarding the above matters.
DATED this.".~nl~ day of February, 1990.
~.,~ ;i ~ ~ ~~-~~,
JACK--NI~MANN, ITY LERK
AMRROSE,
FITZG ERALD
E CROOKSTON
Attorneys and
Counaelon
R.O. Boz atT
Mendian, IONo
8381P
TelepOOne BBBd~81
NOTICE OF SPECIAL MEETING
NOTICE IS HEREBY GIVEN that the Planning and Zoning
Commission of the City of Meridian will hold a special meeting
at 7:30 o'clock p.m., Tuesday, February 27, 1990, at the
Meridian City Hall, 33 East Idaho Street, Meridian, Idaho. The
purpose of said meeting is to consider and take action on the
Application of Humbert Valenti and Gary and Peggy Timson for a
rezone request for a professional photography studio at 1302
East First Street, Meridian, Idaho, and the Application of Jack
Bruck for a conditional use permit for an automobile sales and
detailing shop at Lots 9 and 10 Bowers First Addition, on the
S.E. corner of First and Bower Streets, known by the address of
436 E. First, Meridian, Idaho, and the Application of W. H.
Moore and Company for a rezone of a portion of the S 1/2 of the
SW 1/4 of Section 18, T. 3N., R. lE., B.M., Ada County, Idaho,
for a new regional facility for ARNOLD MACHINERY. This property
is generally located North of Overland Road and 500 feet West of
Western States Equipment Company, Meridian, Idaho.
The public is welcome and testimony and comments will be
taken regarding the above matters.
DATED this ~ ~h day of February, 1990.
AMBROSE,
FITZG ERALD
S CROOKSTON
A~~orneya enC
Counsalore
P.O. Box <Z1
Meridian, IEeho
87812
TelepKOne SBB-N61
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
VALENTI AND TIMSON
REQUEST FOR REZONE
1302 EAST FIRST STREET
MERIDIAN, IDANO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled matter having come on for public
hearing February 27, 1990, at the hour of 7:30 o'clock p.m.,
the Petitioners appearing through their real estate agent, Dale
Ownby, 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 Conditional
AMBROSE,
FIT2GERAlD
B CROO KSTON
Atlorneye end
COUnaelor6
P.O. eon t2]
Merltllan, ItleNo
83NI
Telephone BB8~~~8t
Use Permit was published for two (2) consecutive weeks prior to
the said public hearing scheduled for February 27, 1990, the
first publication of which was fifteen (15) days prior to said
hearing; that the matter was duly considered at the February
27, 1990, hearing; that the matter was heard at a special
meeting of the Commission which was duly noticed; 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;
FINDINGS OF FACT AND CONCLUSIONS OF LAW
PAGE - 1
2. That this property is located within the City of
Meridian and is owned by the Applicant Valenti and is described
in the application, which description is incorporated herein as
if set forth in full and is known by the address 1302 East
First Street; that the property fronts on East First Street;
the property is presently zoned R-15 Residential and has in the
past been used as a single family dwelling; the proposed use of
the property is to operate a professional photography studio
but there would be no photo processing or laboratory work
performed at the location.
3. The surrounding property is zoned R-15 Residential,
however there are properties in the area that have been granted
conditional uses for the operation of commercial enterprises
and the United States Post Office has purchased the property to
the south of the subject property; there have also recently
been requests for rezones which have been granted on the same
side of the East First Street which have been granted and there
is only one house between the subject property and property
which has been rezoned to allow commercial uses.
4. The Applicant requests that the property be rezoned
AM BBOSE,
FIT2GERALD
6 CROOKSTON
Attorneys en0
Couneelora
P.O. Box 1Y7
Merl0lan, IONo
BJ812
TaleONOne SBB.ea81
from R-15 Residential to General Retail and Service Commercial
(C-G).
5. That the property is contained in a mixed use area as
designated on the Policy Diagram at Page 7 of the Meridian
Comprehensive Plan; mixed-use review area are addressed in the
Plan at Page 15 and it states as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
PAGE - 2
5
•
"Mixed-use is a general planning category which refers
to the coordinated development of two or more major
uses as part of a single project, such as specialty
retail-commercial, higher density residential,
offices, motels, industrial services, service
commercial and public and semi-public uses. As per
the Policy Diagram, certain areas have been
designated for mixed uses. The development of mixed
and compatible land uses should be carefully guided
through specific project plans."
5. That the C-G District is described in the Zoning
Ordinance, 11-2-408 B, 9 as follows:
(C-G) GENERAL RETAIL AND SERVICE COMMERCIAL: The
purpose o e - istrict is o prove e for
commercial uses which are customarily operated
entirely or almost entirely within a building; to
provide for a review of the impact of proposed
commercial uses which are auto and service oriented
and are located in close proximity to major highway or
arterial streets; to fulfill the need of travel-
related services as well as retail sales for the
transient and permanent motoring public. All such
districts shall be connected to the Municipal Water
and Sewer systems of the City of Meridian, and shall
not constitute strip commercial development and
encourage clustering of commercial development.
6. That the use proposed by the Applicant is considered
to be that of a professional office since no photographic
processing or laboratory work would be performed on the premises
and therefore as a professional office use, the use is a
permitted use in the C-G District.
7, That the properties to the west and across East First
AMBROSE,
FITZG ERALD
6 CROOKSTON
Attorneys Ntl
Couneebra
P.O. Box d21
MerlElan, Itlafto
83864
Talep~one BBB-Id81
Street are used for residential purposes; the properties to the
east are used residentially and a couple are duplexes; the
property to the south is a vacant field which the United States
Post Office has purchased intending to build a post office; the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
PAGE - 3
property to the north is a residence and further north are
properties which have been rezoned to allow commercial uses.
8.
246'.
9.
and water.
10.
That the property is a parcel of ground that is 92' X
That the property is presently connected to City sewer
That there was no public testimony at the public
hearing objecting to the proposed use.
11. That comments were submitted by the City Engineer and
AMBROBE,
FITZG ERALD
6 CROOKSTON
A1lorneys enO
Counaelora
P.O. Box 417
MetlElen, IEeNo
B38.Y
Telap~one 88&4181
Nampa & Meridian Irrigation District; that prior to the adoption
of these findings of fact and conclusions of law the Ada County
Highway District may submit comments; those comments are
incorporated herein as if set forth in full herein.
12. The Applicant's representative testified that there
would be parking available by the Applicant doubling the width
of the driveway with a turn-around in the back of the premises
and that there would be six parking spaces available; the
Applicant's representative further testified that there was no
problem with the City having access to the sewer manhole
located in the backyard or the premises but that if the City
desired to relocate that manhole that some notice would be
appreciated to allow time to move shrubbery. The Applicant's
representative further stated that there would be no living
quarters in the building.
CONCLUSIONS
FINDINGS OF FACT AND CONCLUSIONS OF LAW
PAGE - 4
AM BROSE,
FITIGERALD
B CROO KSTON
Attomeyn ana
GOUntBlOf6
P.O. Boa 41T
MBrldlan, lOeKo
838'2
TslsPlione 888481
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
conditions upon granting a zoning amendment.
5. That the City has judged this Application upon the
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
PAGE - 5
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 not
Comprehensive Plan is required.
(b) The area is designed to be a mixed use area and a
rezone of the subject property is in line with that
designation.
(c) The area included in the zoning amendment is
intended to be developed in the future in the fashion
that would be allowed under the new zoning of General
Retail and Service Commercial.
(d) There has recently been rezones and conditional
use permits in the area which tend to dictate that the
area may lend itself to be rezoned.
(e) That the property is already designed and
constructed to be harmonious with the surrounding
area.
(f) That the representation was made that there would
be no photography processing and no laboratory
equipment on the premises and therefore the use would
not be hazardous or disturbing to the existing or
future uses of the neighborhood.
(g) The property is already adequately served with
public facilities.
(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 use 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.
AMBROSE,
FITZGERALD
fl CROO KSTON
Atlomayn Antl
Couneebro
P.O. eo. 42]
Metltllen, Itleho
83812
Telephone BB&N61
(k) That this rezone will not result in the
destruction, loss or damage of any natural or scenic
feature or major importance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
PAGE - 6
(1) The proposed zoning amendment is in the best
interest of City of Meridian.
7. That the comments submitted by the Nampa & Meridian
Irrigation District and the City Engineer as incorporated herein
and shall be a requirement for the rezone. That the Ada County
Highway District had not submitted comments at the time of the
hearing before the Planning and Zoning Commission and therefore
no specific conclusions are made regarding those comments, but
it is concluded that if comments are submitted prior to the
hearing before the City Council that they be considered.
8. That all applicable fire, life safety, building codes,
and other codes and regulations and all of the ordinances of the
City of Meridian shall be met prior to occupancy and
thereafter.
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
AM BROSE,
FITZGERALD
6 CROOKSTON
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)
Attorneys and FINDINGS OF FACT AND CONCLUSIONS OF LAW
cponaelo,e P A G E - 7
R.o. eo. szT
Marialen, laano
eaeaz
Telephone SBS~N81
Voted
Voted
Voted
Voted
Voted
DECISION AND RECOMMENDATION
The Meridian Planning and Zoning Commission hereby
recommends to the City Council of the City of Meridian that they
/QC' Zo n/C
approve the &end~a~~-}~-.ta.e--rc~+I~.Tt requested by the Applicant
for the property described in the application, subject to the
conditions stated herein.
AMBROSE,
FITZGERALO
B CROO KSTON
Attornaya and
Counselors
P.O. Boz /2T
MerlElan, Idaho
BJB12
TeleOhone BBBL181
MOTION:
APPROVED:
DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
PAGE - 8
..~. .
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
W. H. MOORE
REQUEST FOR REZONE
FIVE ACRES NORTH OF OVERLAND ROAD WEST OF WESTERN STATES
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled matter having come on for public
hearing February 27, 1990, at the hour of 7:30 o'clock p.m.,
the Petitioner appearing in person and through the project
engineer 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 Conditional
AMRROSE,
FITZG ERALD
B CROOKSTON
AttorneTe end
Counxlora
P.O. Box ~]T
MsrlElan, IOe~o
&t802
Telap~one BS&~~81
Use Permit was published for two (2) consecutive weeks prior to
the said public hearing scheduled for February 27, 1990, the
first publication of which was fifteen (15) days prior to said
hearing; that the matter was duly considered at the February
27, 1990, hearing; that the matter was heard at a special
meeting of the Commission which was duly noticed; 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;
FINDINGS OF FACT AND CONCLUSIONS OF LAW
PAGE - 1
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 as if set
forth in full, and is north of Overland Road and approximately
500 feet west of Western States Equipment; that a portion of
the property fronts on Overland Road; the property is presently
zoned Community Commercial (C-C) but the applicant has stated
that it is zoned General Retail and Service Commercial (C-G)
and is presently vacant ground; the proposed use of the
property is to operate a regional facility for Arnold Machinery
Company for sales, service and rental of construction, mining,
industrial and farm machinery and equipment.
3. That some of the surrounding property is zoned C-G by
AMRROSE,
FITZG ERALD
BCROOKSTON
Atlomaye antl
Counselors
p.o. eo. an
Metltllan, Idaho
ax+z
Telephone SS&~~81
the City and a portion of the surrounding property is zoned as
residential by the County of Ada; that there is industrial
property to the east which is in use in a similar fashion as
that use proposed by the Applicant.
4. The Applicant requests that the property be rezoned
to Light Industrial (I-L).
5. That the property is contained in a mixed use area as
designated on the Policy Diagram at Page 7 of the Meridian
Comprehensive Plan; mixed-use review areas are addressed in the
Plan at Page 15 and it states as follows:
"Mixed-use is a general planning category which refers
to the coordinated development of two or more major
uses as part of a single project, such as specialty
retail-commercial, higher density residential,
offices, motels, industrial services, service
commercial and public and semi-public uses. As per
FINDINGS OF FACT AND CONCLUSIONS OF LAW
PAGE - 2
the Policy Diagram, certain areas have been
designated for mixed uses. The development of mixed
and compatible land uses should be carefully guided
through specific project plans."
6. That the I-L District is described in the Zoning
Ordinance, 11-2-408 B. 12 as follows:
(I-L) Light Industrial: The purpose of the (I-L)
District-is to prov ids for light industrial
development and opportunities for employment of
Meridian citizens and area residents and reduce the
need to commute to neighboring cities; to encourage
the development of manufacturing and wholesale
establishments which are clean, quiet, and free of
hazardous or objectionable elements, such as noise,
odor, dust, smoke or glare and that are operated
entirely or almost entirely within enclosed
structures; to delineate areas best suited for
industrial development because of location,
topography, existing facilities and relationship to
other land uses. This district must also be in such
proximity to insure connection to the Municipal Water
and Sewer systems of the City of Meridian. Uses
incompatible with light industry are not permitted,
and strip development is prohibited.
7. That the use proposed by the Applicant is that as
recognized in 11-2-409 C., Industrial, Zoning Schedule of Use
Control, Equipment - Heavy, Farm, Etc. (Sales & Repair) and such
use is a permitted use in the I-L District.
8. That the property is a parcel of ground that is
AMBROSE,
FIT2GERALD
6 CROOKSTON
•ttomeye ena
Counselors
P.O. Bo. 42]
Men81an, 18efto
83812
7elep~one 8B6p81
approximately five acres is size.
9. That the property is not presently connected to City
sewer and water. There is a six inch water line in Overland
Road however to connect the property to sewer the sewer line
will need to be extended from the northwest corner of Western
States Equipment or connect to a proposed line in the Ten Mile
FINDINGS OF FACT AND CONCLUSIONS OF LAW
PAGE - 3
Drain which has hot yet been constructed. The Applicant stated
that he was prepared to work with the City and he agrees to
contribute an amount of money equal to what it would cost him
to extend the trunk line from the Western Equipment property to
the corner of his property.
10. That there was no public testimony at the public
hearing objecting to the proposed use.
11. That comments were submitted by the City Engineer,
Central District Health Department, and Nampa & Meridian
Irrigation District; that prior to the adoption of these
findings of fact and conclusions of law the Ada County Highway
District may submit comments; that there was some discussion of
the ACRD requirements; all of the above mentioned comments are
incorporated herein as if set forth in full herein.
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
qM BROSE,
FITZGERALO
B CROO KSTON
RROmeya and
Counselors
P.O. Box t2T
MerlCbn, IOeno
83812
TslaDlione 888~M81
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
PAGE - 4
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
conditions upon granting a zoning amendment.
5. That the City has judged this Application upon the
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 shalt 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 is required.
(b) The area is designed to be a mixed use area and a
rezone of the subject property is in line with that
designation.
(c) The area included in the zoning amendment is
intended to be developed in the future in the fashion
that would be allowed under the new zoning of Light
Industrial.
AMBROSE,
FITZG ERALD
B CROOKSTON
Attorneys antl
Counselor
p.o. eo: ~n
Merl8lan, Itlano
83802
Talep~one B88~~~81
(d) There has been changes in the area which tend to
dictate that the area in ay lend itself to be rezoned;
those changes are the construction of Western States
FINDINGS OF FACT AND CONCLUSIONS OF LAW
PAGE - 5
Equipment's facility and the reconstruction of the
Kuna/Meridian Road and the changes to the I-84
interchange.
(e) That the representations of the Applicant that
the facility would be similar to Western States
Equipment's indicate that the property will be
developed, designed and constructed to be harmonious
with the surrounding area.
(f) That the proposed use would not be hazardous or
disturbing to the existing or future uses of the
neighborhood if developed as represented.
(g) The property will have to connect to public
facilities.
(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 use will not involve any detrirental
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. That the comments submitted by the Central District
AMBROSE,
FITZGERALD
d CROO KSTON
Attorneys end
Counealore
P.O. Bo, e1T
Msrl0len, IEeno
&b12
TelePeone BB&~~el
Health Department, Nampa & Meridian Irrigation District and the
City Engineer as incorporated herein shall be a requirement for
the rezone. That the Ada County Highway District had not
submitted comments at the time of the hearing before the
Planning and Zoning Commission but there was discussion
pertaining its requirements and therefore no specific
FINDINGS OF FACT AND CONCLUSIONS OF LAW
PAGE - 6
AM BROSE,
FITZGERALD
6 CROOKSTON
conclusions are made regarding those comments, but it is
concluded that if comments are submitted prior to the hearing
before the City Council that they be considered.
8. That all applicable fire, ]ife safety, building codes,
and other codes and regulations and all of the ordinances of the
City of Meridian shall be met prior to occupancy and
thereafter.
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)
Allorneye antl FINDINGS OF FACT AND CONCLUSIONS OF LAW
Counselors
P.O. BOS 62] PAGE - 7
Meritllan, Itlelro
838eI
Telepftone BBB-N81
Voted
Voted
Voted~_
Voted t,~j
Voted-~`
DECISION AND RECOMMENDATION
The Meridian Planning and Zoning Commission hereby
recommends to th~City Council of the City of Meridian that they
,~Io ~`
approve the Ce^a~*~^^-' "°^ °^--`t requested by the Applicant
for the property described in the application, subject to the
conditions stated herein.
MOTION:
APPROUED:~ / DISAPPROVED:
.~1y0
~l~
AMBROSE,
FITZGERgLD
S CROOKSTON
ntmrneye ana
Counselors
P.O. Box 127
MerlElen, IEMo
83812
rolevnoneeae~uei
FINDINGS OF FACT AND CONCLUSIONS OF LAW
PAGE - 8
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
JACK BRUCK
CONDITIONAL USE PERMIT
436 EAST FIRST STREET
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled matter having come on for public
hearing February 27, 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 of Law:
FINDINGS OF FACT
1. That a notice of public hearing on the Conditional
AMBROSE,
FITZGERALO
B CROOKSTON
aromere ena
Counaelore
P.O. Boa e27
Merltlian, Itleno
878/2
relevnoneeaB~++Br
Use Permit was published for two (2) consecutive weeks prior to
the said public hearing scheduled for February 27, 1990, the
first publication of which was fifteen (15) days prior to said
hearing; that the matter was duly considered at the February
27, 1990, hearing; that the matter was heard at a special
meeting of the Commission which was duly notice; 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;
FINDINGS OF FACT AND CONCLUSIONS OF LAW
PAGE - 1
2. That this property is located within the City of
Meridian and is owned by the Partridge Estate and is described
in the application, which description is incorporated herein as
if set forth in full; the property is generally described as at
the southeast corner of East First Street and Bower Street;
that the property fronts on East First Street; the proposed use
of the property is to operate an automobile sales and detailing
business.
3. That the property has been used for commercial
businesses for some period of time in the past, and
particularly as a wrought iron fabrication shop.
4. The surrounding property is zoned Old Town.
5. That the Old Town District is described in the Zoning
AMBROSE,
FIT2G ERALD
SCROOKSTON
At~orneya antl
Counselors
P.O. eoz 427
Meritllen, Itlat~o
83842
TelepKOne 888~448t
.ta
Ordinance, 11-2-408 B. 10 as follows:
(0-T) OLD TOWN DISTRICT: The purpose of
the - 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
PAGE - 2
permitted.
6. That the use proposed by the Applicant is not an
enumerated allowed permitted or conditional use in the Old Town
District as there are no listed permitted uses in the Old Town
District but only conditional uses; the proposed use is not
listed as permitted conditional use in the Old Town District;
pursuant to 11-2-407 D., uses not specifically listed as a
permitted use may be allowed, under a conditional use ~i
procedure, if it is determined that such use is similar to an
compatible with listed permitted uses.
7. That the property to the west and across East First
Street is a residence; the property to the east is a meat
processing plant and retail sales of meat products business;
the property to the south is used for offices of an insurance
agency; the property to the north is an agricultural and farm
products and feed and seed business; that kitty corner to the
subject property is an automobile sales lot.
8. That the immediate past use was for a wrought iron
fabrication business but the property is not being used at this
tune.
9. That the Applicant has submitted the names of the
AM BROSE,
fITZGERALO
BCROOKSTON
Atlorneya an0
Counaelore
R.o. Bo: axT
Marl0lan, Kano
eaeoz
TeleOnone B88-N81
people owning property within 300 feet of the property but
their approval of the use of the property is not required
because the property is not in a residential district.
10. That there was no public testimony at the public
hearing objecting to the proposed use however there was one
FINDINGS OF FACT AND CONCLUSIONS OF LAW
PAGE - 3
letter submitted prior to the hearing objecting to the use on
the basis of traffic, parking problems and possible junk
vehicles which was considered by the Commission.
11. 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.
12. The Applicant testified that there would be
landscaping between the sidewalk and street curb, the parking
lot would be paved, the premises would be lighted at night,
there would be some fencing, and there would be no junk
vehicles or junk automobile parts on the premises.
13. The Applicant agreed with the comments of the City
Engineer, ACHD, and Nampa & Meridian Irrigation District,
except for ACHD's number 3 Site Specific requirement.
14. There was discussion pertaining to the possible Local
Improvement District pertaining to the sidewalk and street
improvements and the Applicant agreed to support the LID.
15. That the Zoning Ordinance does address specific
provisions for commercial and industrial uses in Section 11-2-
413 8. of the Revised and Compiled Ordinances of the City of
Meridian and that section is incorporated herein as if set
forth in full and is attached hereto for the Applicants' notice
and information.
CONCLUSIONS
AMRROSE, 1 That all the procedural requirements of the
FIT2G ERALD
E CROONSTON
AR°,"°r°."e FINDINGS OF FACT AND CONCLUSIONS OF LAW
P.O. 80° AT]
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
conditional uses pursuant to 67-6512, Idaho Code, and, pursuant
to 11-2-418 of the Revised and Complied Ordinances of the City
of Meridian, Idaho;
3. That the City of Meridian has authority to place
conditions on a conditional use permit and the use of the
property pursuant to 67-6512, Idaho Code, and pursuant to 11-2-
418(D) of the Revised and Compiled Ordinances of the City of
Meridian, Idaho;
4. That it is concluded that the proposed use is similar
to and compatible with listed permitted uses in the Old Town
District and with the existing uses presently in the immediate
vicinity of the subject property even though there are no
listed permitted uses since all uses in the Old Town District
are only allowed under a conditional use.
5. That 11-2-418(C) of the Revised and Compiled
AMBROSE,
FITZG ERALD
e CROOKSTON
Albrneya and
Couneelon
P.O. Bo. ~9
MerlElen, IEe~o
83812
TeleOftone BBB~1181
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:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
PAGE - 5
a. The use, would in fact, constitute a conditional
use and a conditional use permit is required by
ordinance and under 11-2-407 D.
b, The use, if operated in compliance with
applicable building code, fire code, life safety
code, and other applicable codes for the type of
operation and materials and supplies used in the
operation, 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 apparently would be designed and
constructed, to be harmonious in appearance with the
intended character of the general vicinity, such
being designated as set forth in the definition of
Old Town as contained in Section 11-2-408 B 10.
d. That from a zoning standpoint, the use should
not be hazardous nor should it be disturbing to
existing or future neighboring uses, if operated in
accordance with the conditions contained herein.
e. The sewer and water service is 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 should 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, if operated
in accordance with the requirements contained herein.
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 rnajor importance.
5. That the comments submitted by the Ada County Highway
AMBROSE,
FITZG ERALD
d CROOKSTON
Atlorneye and
Counselwe
P.O. Box IZ]
MerlElen,lEeNo
BJ812
Telephone 88&e~S1
District, the Nampa & Meridian Irrigation District, and the
City Engineer as incorporated herein and shall be a requirement
for issuance of the conditional use permit at this time except
FINDINGS OF FACT AND CONCLUSIONS OF LAW
PAGE - 6
AMBROSE,
FIRGERALD
B CROOKSiON
Attorneys end
Counselors
R.O. BoY I2]
Merlelen, IOano
83N2
Tslepeona BS&NSt
for the ACRD Site Specific requirement # 3.
6. That all applicable fire, life safety, building
codes, and other codes and regulations that pertain to the
paints and chemicals and other associated materials and
supplies that will be used in the business be met prior to
occupancy and thereafter.
7. That due to the nature of the business and the
closeness of the residential use on the south, it is concluded
that the conditional use, if granted, will have to comply with,
and be subject to, the requirements of Section 11-2-413 and the
fire, life safety, building codes, and other regulations that
may apply to the business and the materials and supplies that
are used in the business; that the conditional use may be
revoked for violation of any of these conditions.
8. That also as a condition of retaining the conditional
use permit, if granted, the Applicant will have to perform his
representations contained in paragraph 13 of the Findings, and
all requirements of the City Engineer and ACRD, except as noted
above.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
PAGE - 7
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 Voted
Commissioner Rountree Voted ~/
Commissioner Shearer Voted
Commissioner Alidjani Voted(,
`
Chairman 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 Conditional Use Permit requested by the
Applicant for the property described in the application,
subject to the conditions stated herein.
MOTION:
APPROVED: DISAPPROVED:
u
AMBROBE,
FIT2G ERALD
d CROOKSTON
Attornap and
Counselors
F.O. BOY s1]
Merlelen. ICMO
BJBS2
TeleO~one BBB~U91
FINDINGS OF FACT AND CONCLUSIONS OF LAW
PAGE - 8