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1990 02-13.., ~ ~ • A G E N D A MERIDIAN PLANNING & ZONING FEBRUARY 13, 1990 I ITEM: MINUI~S OF THE PREVIOUS MEEPING HELD JANUARY 9, 1990: (APPROVED) 1: CONDITIONAL USE PERMIT FOR PUD BY WAYNE & MARY WILLLAPISON: 2: FINDINGS OF FACT & CONCLUSIONS OF LAW ON PROPOSID AMEPIDMENTS TO THE ZONING AND DEVELlJPMENT ORDINANCE: (APPROVAL RECOMMENDED) 3: PUBLIC HEARING: PRELIMINARY PLAT ON THE VINEYARDS SUBDIVISION: (APPROVAL) 4: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR USID CAR SALES I~OT BY SAM FISHEL & DALES BATES AT VALLEY IMPLEMENT PROPERTY: (APPROVED) 5: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT BY TAMI SHOII~7AI~R FOR CUSTOM DECOR & GIFT SHOP AT 1031 EAST FIRST STREET: (AppROVED) 6: DISCUSSION ON SOME AMIIVDMENTS TO THE COMPREHINSIVE PLAN: MERIDIAN PLANNING & ZONING FF~aNRY ~ The Regular Meeting of the Meridian P & Z COMM. was called to order by Chairman Jim Johnson at 7:30 P.M.: Members Present: Moe Alidjani Charles Rountree, Jim Shearer, Tim Hepper: Others Present: Dale Bates,, Max Boesiger~, Darrell Calhoun Gary Lees, Louise Bird,, Penny McCathron~ Wayne Crookston, Dale Batesr. Sam Fishel~, ~'ami Shoemaker Elmer Martin: ' The Motion was made by Alidjani and seconded by Rountree to approve of the Minutes of the previous Meeting held January 9, 1990 as written: Motion Carried: All Yea: ITEM #1: CONDITIONAL USE PERMIT FOR PUD BY WAYNE & MARY WILLIAMSON: Chairman Johnson: Read a letter received from Mary & Wayne Williamson requesting a change in their application. (Tape on File) The Motion was made by Shearer and seconded by Alidjani to reflect the change in the application in the Findings of Fact. Motion Carried: All Yea: OTEM #2: FINDINGS OF FACT & CONCLUSIONS OF LAW ON PROPOSED AMENDMENTS TO THE ZONING AND DEVELOPMENT ORDINANCE: Johnson: These are the items that the Planning & Zoning Commission have proposed changing or clarifying. Does anyone have comments on this? Shearer: We have a slight error on Page #3 in the definition, it should be 3 or more for kennel definition, and also instead of being within in should be over three months of age. There was further discussion. (Tape on file) Rountree: I have a question on Page 8, item 15, about the length of a culdesac, was that a recommendation from our Fire Department, the length? Clerk Niemann: Yes, that is what they wanted. They only carry 1200 ft. of hose. The Motion was made by Rountree and seconded by Shearer that the Findings & Fact be approved with the corrections noted. Roll Call Vote: Hepper - Yea; Rountree - Yea; Shearer - Yea; Alidjani - Yea: Motion Carried: The Motion was made by Hepper and seconded by Rountree that the Meriidan Planning & Zoning Commission hereby recommends to the City Council of the City of Meridian that the Planning and Zoning Commission's proposed Amendments to the Zoning & Development Ordinances should be approved and adopted with the changes noted. MERIDIAN PLANNING & ZONING • • FEBRUARY 13, 1990 PAGE #2 Motion Carried: All Yea: Johnson: We are going to change the order of the Agenda, so now we will go to Item #4: ITEM#4: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR USED CAR SALES LOT BY SAM FISHEL & DALE BATES AT VALLEY IMPLEMENT PROPERTY: Johnson: I will now open the Public Hearing, is there a representative present to represent this request, please come forward and be sworn by the attorney. Sam Fishel, 734 Pennwood Street, Meridian, Idaho, was sworn by the attorney. Fishel: You are all familar with Alpine Wood Products located at 225 W. Franklin Rd., right next door to the Farmer's Club. I am proposing to take that side of the parking lot which is on the side of the lava rock building, which is 120 ft. back, 60 ft. wide and take that little lava rock building and remodel it and turn it into a sales office. I would like to call my place Centennial Motors and call it the Credit Car Company and I would like to put approximately 20 cars on the lot. I will be running the older model cars, $2,000.00 and below there won't be any late model cars. Of course I will get a state banking license and everything that's required by the State of Idaho. I read all the comments that have been made and I don't have any problems with any of them. The City Engineer made the recommendation that 30~ of the lot be used for customer parking, I would like to make a comment on that, I took 8 ft. all the way around the outside perimeter of the lot and that would leave the center of the lot open and vacant for customer parking, doing that will leave 36$ of the footage, which the City only requires 30~. There will be no auto detailing. Alidjani: I don't have any questions, I just want to make the comment that he has more than 36~ for parking. Fishel: I sold out in Phoenix. You will find in the folder I gave you Letters of Recommendation from people that I have worked with please feel free to call any of those people. Rountree; Alpine Wood will still remain in operation there. Fishel: Yes. Rountree: You spoke of remodeling the lava building, is that identified as a historic structure? Clerk Niemann: Not that I know of. Fishel: It'll be a beautiful place when I get through with it. Rountree: You indicated you wouldn't be doing any detailing there, would you be doing any repair? Fishel: No. I will have an air tank & a battery charger there. Rountree: Are you going to improve the surface out there or leave it road mix? Fishel: I want to plant trees and shrubs all around out there to make it look nice. MERIDIAN PLANNING & ZONING FEBRUARY 13, 1990 PAGE #3 Hepper: Will there be any bathroom facilities? Fishel: Yes there will in the main Alpine building there is two big bathrooms. I also came down and talked to the City Inspector, and he said that would be more than good. The chimney will come out and I will be putting in electric heat. Johnson: How about lighting or fencing for security purposes? Fishel: No. Crookston: What's the relationship between you and Alpine Wood, are you leasing this property? Fishel: Yes, I'm leasing 120 ft. back, 60 ft. across and the lava rock building, our discussion was I'll pay for the materials used and they'll furnish the labor. Crookston: Does your lease provide for your use of their sanitary facilities? Fishel: Yes sir that is in the agreement. We haven't signed a lease or anything, we are waiting on the decision of the Planning & Zoning Board and of course the City Council. Crookston: Are you prepared to bring the building up to the Building Code Requirements? Fishel: Yes. Johnson: Is there anyone who wishes to testify, please come forward and be sworn. Elmar Martin, 50 Rose Circle, was sworn by the attorney. Martin: Our concern is about the traffic and dust & dirt caused from the cars coming and going. I don't understand about the parking behind the building. We've also had problems with the weeds. Will he be responsible for keeping the weeds down? Alidjani: He's actually about 150 to 200 ft. away with the driveway that he is going to use. Martin: Unless he goes back behind there and uses the Alpine part, that's what I'm concerned about. Fishel: That doesn't go back past that chain link fence. Also, there won't be any dust from me whatsoever because the drive is paved and my cars will be parked. Johnson: Is there anyone else who wishes to testify? Darrell Calhoun, 2586 Misty, Meridian, was sworn by the attorney. Calhoun: I've known Sam Fishel for a little over a year, been doing some business with him, selling for him, most of you know I'm an auctioneer in town. I think he would be an asset and an improvement on Franklin Road to see that building occupied. I think they are going to see a definite improvement there as far as the weeds, Alpine Wood was kind of late getting in there this last year. I think with those people in there it will help everyone. Johnson: Is there anyone else who wishes to testify? MERIDIAN PLANNING & ZONING FEBRUARY 13, 1990 PAGE #4 Chet, 12 Goldie Drive, Boise, was sworn by the Attorney. Chet: I'd just like to say that Sam is a real nice guy and he will be good for the community. Johnson: I will close the Public Hearing at this time. Crookston: We haven't addressed the ACRD comments. Mr. Fishel have you had a chance to review the ACRD comments? Fishel: Yes I have. Crookston: Do you have any problems with those? Fishel: No Sir. 2 called the ACRD this afternoon and I asked them if there would be any problems with them, in other words what to expect with the Planning & Zoning Board, I told them I was going to the Public Hearing this evening and he said there would be no problem with anything, it depends on whatever your recommendations are. Fishel: If you ever do decide to put curb & gutter along that street or whatever, 2'm going to be 100 in front of the line to make my contribution because that's going to enhance my business and make it look alot better. But at this time I am not financially prepared to come up with that kind of money. Crookston: So you do have a problem with the financial committment. Fishel: That should be up to the property owners. If you don't require it then they won't. That's what he told me. Johnson: I will now close the Public Hearing. The Motion was made by Rountree and seconded by Alidjani to have the Findings of Fact prepared for the Conditional Use Permit. Motion Carried: All Yea: The Motion was made by Rountree and seconded by Alidjani to recommend approval to the City Council. Motion Carried: All Yea: ITEM #5: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT BY TAMI SHOFmAxFR FOR CUSTOM DECOR & GIFT SHOP AT 1031 EAST FIRST STREET: Johnson: Is there a representative present, please come forward and be sworn. Tami Shoemaker, 1031 E. First Street, was sworn by the attorney. Shoemaker: We are taking an area of 325 sq. ft. in the house, we're putting a little gift shop, with basically handmade gifts from Idaho and we are living in the rest of it. It's just a small shop and there will not be any public restrooms. My husband did want to ask on the parking, do we just need two off road parking places? We did have a letter from Richard Orton, he was concerned that this would not be good for the neighborhood. MERIDIAN PLANNING & ZONING • • FEBRUARY 13, 1990 PAGE #5 We just want to make it look really nice. On the comment from ACHD, is the sidewalk something we have to pay for? Johnson: Eventually you will. Shearer: My only con¢nent on this would be that I don't think that they need to put forth that financial commitment, because that's going to be the LID, which I presume will betaken care of, the four foot walk on Carlton, that's a separate item. Why aren't we going for a rezone? Johnson: Carlton is the boundary for Old Town. Rountree: Just make sure the sign you are going to put out doesn't get into the site triangle of E. 1st and Carlton. Shoemaker: We park on Carlton now, we would just delete some of our yard there and just have it there. Hepper: Would the garage there have to be moved? Shoemaker: No, the driveway is quit wide there. Alidjani: So what you are proposing is the parking would be on Carlton Street. Shoemaker: Right, I think it would look alot nicer if we could keep it off of East First. Johnson: I will open the Public Hearing at this time, is there anyone present who wishes to testify, please come forward and be sworn. Hearing no response, I will close the Public Hearing. The Motion was made by Alidjani and seconded by Rountree to prepare the Findings of Fact and Conclusions of Law for Tami Shoemaker at 1031 East First Street. Motion Carried: All Yea: The Motion was made by Shearer and seconded by Rountree to recommend favorable upon this request to the City Council. Motion Carried: All Yea: ITEM #3: PUBLIC HEARING: PRELIMINARY PLAT ON THE VINEYARDS SUBDIVISION: Johnson: Is there a representative here, please come forward and be sworn in. Max Boesiger, 1399 E. Monteray Drive, Boise, was sworn by the Attorney. Boesiger: Our firm developed Sunnybrook Farms here in Meridian, also some others in Boise. As you know it's located at the intersection of Cherry Lane and Linder. We have to compete with Boise and we have some expenses here that we wouldn't have in Boise, MERIDIAN PLANNING & ZONING FEBRUARY 13, 1990 PAGE #6 one of those is the fact that we have to develop an irrigation system, pressurized system here in Meridian that's not yet required in Boise, also the domestic water system, in Boise the system we have there part of the developers costs are reimbursed as hookups are brought on, plus the system here itself is more costly than the one in Boise. Since we can't really compete well on a cost basis, we believe that by putting in a better designed product, one that is more better suited for the market place we think we can compete with that Boise market. We plan to do that with deeper lots. These will average about 130 ft deep. We are tageting houses that range from $85,000 to $130,000., lot prices will range from $18,000 to $22,000. Going up and down Cherry Lane and Linder where our project abutts to those streets, there will be about a 7ft. distance between back of sidewalk and the property line. We like to burn that up so that the property line is right about the top of that berm, and then landscape with sod, trees and shrubs or whatever that 7 ft. distance. We also intend to put in a real nice lighted entry sign with landscaping around it also. Explained further about the Commercial corner. We intend to plat in May and start foundations hopefully in June. We expect that we will probably be finishing up the last phase in 1998. Rountree: Where is the sign located? Boesiger: In the corner where it is more visible. Hepper: Are we addressing the irrigation. Crookston: I have a question on the fence on the burin, how tall of a fence are you talking about? Boesiger: I should think four feet possibly five feet. Crookston: The height including the fence and the burin is maximum 6 ft. Rountree: One point of clarification, that burin and fence is around the entire perimeter. Boesiger: Just about, there is an existing house, we wouldn't be doing that of course. Johnson: Thank you very much. I will now open the Public Hearing at this time. Gary Lee, 1990 Turnberry Way, Meridian, was sworn by the Attorney. Lee: I am with JOB Engineers, as Max indicated we are the engineers on this project. We have worked with Max Boesiger Inc. in preparing the preliminary plat and all the documents you have on this project. The project is 70i acres total, there is about 66i acres which is residential. There is a trunk line sewer that runs along the south border of the project along the west that falls back of the Nine Mile Drain and that will be our tie in as far as sanitary sewer. On the west end a 20 ft. wide public right a way that Mr. Smith had mentioned in his comments, we had planned to run the sanitary sewer and the storm drain line. Z have discussed this with ACHD and I think we are going to reach a conclusion that we can use an easement there. There is an existing 10" main that runs along Linder and also along Cherry Lane, we'll tie into that main line on Elm Drive with an 8 inch, then along the road and connect back in at Cherry Lane on the Northwest corner of the property. MERIDIAN PLANNING & ZONING FEBRUARY 14, 1990 PAGE #7 Lee: Went over ACRD requirements, irrigation, etc. (TAPE ON FILE) Clerk Niemann: I might mention that Gary submitted his comments on the variance request and he didn't have any problem with letting them defer that irrigation until we had some, doing the dry lines and stuff, and also on the 70 ft. lot frontages. Rountree: You show a utility easement along Nine Mile Drain on the West end, is that going to be fenced or just be in somebody's back yard and platted that way. Lee: The easement will be there, the fence will go along the lot side of the easement thereby leaving the access open to the Nine Mile Drain. Rountree: On the south side along that same corridor, I was wondering what the distance was for Nine Mile Creek, but that must be the main line sewer. There is a corner in the southwest corner of the area that's not part of the development it's between Nine Mile Drain and the Rutlege Drain, I think it's on the back portion of the Church, is that going to be land lodc~br is that owned by adjacent property or what's the situation with that? Lee: As far as I know it's not land locked. Rountree: You said you didn't have any problems with ACHD's comments, would you run by what your proposals is for curb, gutter and sidewalk on the perimeter of the project? Lee: That will be a widened section, we will be adding a lane on the south side of Cherry Lane. Rountree: Have you given any consideration to a turn lane or a turn median? Lee: What they are thinking about doing is painting the center media and go with the three lane section. There is also an irrigation ditch that has to be piped. Johnson: How many lots are there in the first phase? Lee: Twenty Seven (27) Lots. Rountree: On your appllication you indicate there is 32 acres set aside for commercial, and we have an action next month that indicates that is 4.5 acres. Lee: Probably the difference is the 4.5 measures to the center line and the 3z didn't. Rountree: Are you sure that you mailed notices to all the people on the mailing list? Hepper: Is the irrigation system something we want to discuss on the preliminary plat? How are these people going to water their yards for the next two or three years until these dry lines are activated? Clerk Niemann: City Water I suppose if the Council approves. Hepper: Would there be some sort of security or bond or something to insure that that would be completed? Boesiger: That's a reasonable request. Rountree: In you covenants are you going to have mandatory membership in the homeowners association and some kind of tool that the homeowners association can land on these MERIDIAN PLANNING & ZONING • • FEBRUARY 13, 1990 PAGE #8 people to take care of those things. What kinds of thoughts do you have on the irrigation system: Lee: We have an access right now at the SE corner right off Linder next to the Nine Mile Drain and everything irrigates to the west, we can pick that water up there and by sizing the pipes large enough we can deliver the water pretty effectivly from one point. There is a delivery point that crosses Linder. Boesiger: I might just say that there is two obstacles in the irrigation system that I think we face, and the two major issues are #1 the irrigation water comes into the ditches about a month after you want to start watering your lawn, #2 is the screening. We need to resolve these problems as a community. Crookston: Did 2 understand that ACHD has dropped this requirement about making Burgandy a culdesac? Johnson: It's an either or situation. Crookston: I think you need- Johnson: Is there anybody else that wishes to testify, if so please come forward and be sworn. Louise Bird, 1915 W. Cherry Ln., Meridian, was sworn by the Attorney. Bird: I'm the one that is effected the most by this. I've owned that land all my life, that land is some of the most prime farm land in the Meridian area. That land has been improved, it's been leveled it has approximately 2,000 running feet of cement ditches on there, which is not that big of a deal until you figure that the government paid for those ditches, there is no legal obligation for the new owners to repay the government for that cost on those ditches, but there is amoral obligation there as far as any of us who have farmed and the government helped with those ditches. I won't go into the wildlife that's there etc. When sitting at the intersection of Cherry Lane and Linder you would look directly into the houses backyards, the most unkept part of a house. Voiced some concerns about the landscaping & traffic. How about some real concerns, how about City services, right now we are running our Fire Department on a strictly volunteer basis, is it fair to put the responsibility of 209 more homes onto the backs of volunteers. The Police Department has twelve on it's staff, that's a pretty limited staff considering that big of an addition. Also some concerns about school overcrowding. What are the kids going to do for recreation? I hope that this subdivision would be completed in a timely manner and not just let go for the weeds. On your lots 6 & 7, has our septic tank drain field water stands there in the spring when there is a high water table. I would hate to owners of lots 6 & 7 and then find this out. Please take my comments under advisement. Alidjani: When you refer to the government paid for these ditches- Bird: That's the Soil Conservation Agency. Johnson: Anyone else from the public who wishes to come forward. Penny McCatheron, 1533 Elm Place, Meridian, was sworn by the attorney. McCatheron: I am a teacher in Meridian School District. I have some concerns about the overcrowding & the traffic. ... MERIDIAN PLANNING & ZONING FEBRUARY 13, 1990 PAGE #9 Johnson: Anyone else from the Public that wishes to testify? Being no response the Public Hearing is closed. Rountree: I agree about the concerns of overcrowding in the schools. The Motion was made by Rountree and seconded by Shearer to recommend approval to the City Council. Motion Carried: All Yea: ITEM #6: DISCUSSION ON SOME AMEPIDMENTS Tn THE COMPREHENSIVE PLAN: Clerk Niemann: The County is changing their ordinance, anyway we have to sign a new agreement and they are suggesting that we amend our comp. plan with respect to the rural areas. Johnson: Jack & I met with a professional planner that had made these recommendations. I think we need to do something as soon as possible. It was discussed to have a workshop to discuss these matters on March 7th at 7:30 P.M.: The Motion was made by Rountree and seconded by Shearer to adjourn the meeting at 9:30P.M.: (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: / ~"~-t~,___ - Z M J 6N, CHAIRMAN ATTEST: Mail (5) File (5) P&Z Members, Atty, Eng., Bld., Fire, Police, Ward, Stuart, ACHD, NMID, ACC, Valley News, Statesman, CDH, Hallett, Settlers I 1 ~~~ ^ i . t ' ! j a ~' ~ 1 i / ~ ~ FEBRUARY 9, 1990 MERIDIAN CITY HALL attention: JACK NEIMANN MERIDIAN, IDAHD 83642 ~~: ;,~ r , ~~ ~ I r ~~ I ~~A ~ L, l We request a change of our application for a PUD for 5 triplexs and a single dwelling to PUD for 6 single dwelling houses on our property in the 1400 block on West 4th, Meridian, if this can be accomplished without requalifying with resdents within 300 feet of said property. We are witdrawing our request for a rezone to R-15. Sincerily, ~ Wayne williamson & Mary Williamson 323-0062 PARK POINTE REALTY, 939-0919 home v w a H N m r u N 'i m N N L N £2 6 J 3 r l --- 2 N J w 3 w r 3 ~ ~ i a a i i a i ~ 1 N 1 N a i o 1 Y a ~ v 1 W v U e m 2 o a i o 1 m i N ~ O 1 •N 1 N 1 C t ri E f d > O i Y 0 0 .a r N ~( a > `^ x i' a J 4. `~ ~ S yh r Y ~.r ~, FFn~ ' on 2~ ---i x Ix ~ y e v d ~ C e' ~ Fes-- ~' { --- Z Y Y ~ 4' 2 .. ,~g~ I.n J ~ I Q ~r Q ro ~'- T 2 N U F + Y Y- V 3 u e z ~ b F 3 'S 0~~ C Z 1 __~: ti 'M ~~ b ~~ C "v `~ b Z1 ? n .. fA ~ ~ R `~!- 3 ~ N ~ 'j -~ a d J~,J llU 0 ~ ~ r ~ 1Z ~ ~ '\ 4 0 J~ ~- ~~ -~J ~~ ~ ~ iS; J'~ V ~o v ~~ Z1 vo p G ~~ „ ~._.__ ~^ -, S b o a -- .~ ~ m. -~. r, ~ ~, ~ X _ ~ C K 4 as iu ~~ m _ 1 x_ N F ` ~ _ 0 0 cr c N a (D N F'~ f 7 N• N r w N 7 Q tl~ N Q N C S N• C Ch d N 0 m cF H ~ N `G N ~ ~ r• m N m r D_ o ~ N (U X N r~ C N Q r+ i r• a ~ r~ <n r• 3 N H '~ a w a N• m n c~ n O a m N 7 n r c a ~~ N (D fi v m n F (/1 -i (D f/1 N N• r r-~ Q h O X r• d m E D Z m H r r H 3 N O Z _j> 3 a H r r H n 3 (n O Z BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION PLANNING AND ZONING COMMISSION'S PETITION TO AMEND MERIDIAN ZONING ORDINANCE AND THE DEVELOPMENT ORDINANCE FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled Petition and Verbal Addendum made during a regular scheduled Planning and Zoning meeting to amend the Meridian Zoning and Development Ordinance, having come on for public hearings and the Planning and Zoning Commission having heard any and all testimony that was submitted and having duly considered the evidence, the facts judicially noticed and its own opinions and the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That a notice of public hearing on the application was published for two (2) consecutive weeks prior to each of the two public hearings scheduled for November 14, 1989, and January 9, 1990, respectively, the first publication of which was fifteen (15) days prior to each of said hearings; that the matter was duly considered at the November 14, 1989 and January 9, 1990 AMBROSE, FITZG ERALD SCROOKSTON Albrneya ana Couneebre P.O. Box eZr MerlClan, Kano 87612 relevnona aee~lel hearings and was duly considered by the Planning and Zoning Commission; that copies of all notices were available to FINDINGS OF FACT AND CONCLUSIONS - PAGE 1 newspapers, and radio and television stations. 2. That these proposed amendments are as set forth in the Petition and the Verbal Addendum. That the general reasons and purposes set forth in the Petition and Verbal Addendum for amending the Zoning Development Ordinances are to set forth a simpler procedure for variances from the fence ordinance, to establish a minimum garage size for single family detached housing units, to establish a prohibition from maintaining livestock and poultry within the city limits except for meat and poultry processing facilities which are now not specifically prohibited, to specifically set forth that the 4,250 square foot lot size for duplexes is 4,250 per dwelling unit and not 4,250 for the entire duplex, to reduce the size of required widths of parking spaces to allow more parking spaces and to meet the factual circumstances that many cars are smaller these days and are compact and thus meeting the requests for property owners by also allowing compact car parking spaces, to clear up any possible confusion as to when an occupancy permit can be issued which is after completion of placement of all utilities, to set AMBROSE, FIT2G ERALD E CROOKSTON A~~orneya ene Counselors P.O. Box 1]T MerlElen, ICNo 8]812 Telepsone BBB-1181 forth that a building permit will not be issued unless all improvements have been completed provided however that they may be issued if security is posted for completion of improvements, to meet the proposals of the Ada Planning Association to establish 80 foot right-of-way widths for section line roads, to make mandatory the construction and placement of pressurized irrigation systems where water is available from an irrigation FINDINGS OF FACT AND CONCLUSIONS - PAGE 2 district, to establish a definition for kennel which would bye, 1 L. rlr d~ ,b to set forth that where two or more domestic animals within three months of age are maintained, to set forth the minimum length of the street which ends in a culdesac which maximum length has been deleted from the provisions of the Ada County Highway District and there is a need to set forth that maximum limit, to correct an oversight in the original zoning ordinance passed April 2, 1984, to properly zone Lot 1 and Lot 2, Chappin Subdivision No. 2, and that property known by the address 305 E. Fairview Avenue, which properties are zoned R-15 and were so zoned by the original zoning ordinance but which property at the time of passage of the original zoning ordinance were used commercially. 3. That the amendments have been proposed by the Commission itself. 4. That at the public hearings held before the Planning and Zoning Commission there were no public comments or testimony submitted on the application to amend. 5. That there are many applications for a variance from AMBROSE, FITZG ERALD SCROOKSTON Attorneys ane Counaelora P.O. Box dR] MxlElen,IM~o B3Bd2 TeI00~ono 888~d<81 the fence ordinances of the City of Meridian, which in large part pertain to corner lots; that in large part the variances are worked out by the City Clerk, City Engineer and the Chief of Police and it is more appropriate to have a simpler procedure unless requested to do so. 6. That it has been the policy of the City of Meridian in the past to require single family detached units to have two car FINDINGS OF FACT AND CONCLUSIONS - PAGE 3 garages but there has been no minimum size set for the garages and it is desireable to have that set, so that the requirement is definitive. 7. That the present Zoning Ordinance does not prohibit livestock and poultry within the City of Meridian, and such were previously prohibited and it was an oversight in the original zoning ordinance not to include that prohibition. 8. That the present Zoning Schedule of Bulk and Coverage Controls is ambiguous and is in need of clarification as to the square foot lot requirements for duplexes. 9. That cars are becoming smaller and it is found that the 10 foot width of parking spaces is unnecessary and 9 foot is more reasonable and more practical and since there are many compact cars that there should be a compact car space designation. 10. That there have been requests by developers to allow people to occupy homes prior to all utilities having been put in service to the subdivision and there is a need to set forth that no occupancy permits will be allowed without the placement of utilities. 11. That there are on occasions times when it is necessary AMBROSE, F1T2GERALD d CROOKSTON Attorneys and Counselors P.O. Boa 027 MerlAlan, IEeso BJSS2 TaleP~ono BBb~e81 to allow building of a structure to commence where improvements have not been totally completed and it is found to be necessary to allow building permits to be issued where all improvements have not been placed provided the developer places and posts security for the completion of the improvements. (FINDINGS OF FACT AND CONCLUSIONS - PAGE 4 12. That the Ada Planning Association has set a goal of having 80 foot right-of-way requirements on section line roads, and it is therefore desireable to meet that goal so that it is uniform throughout the County. 13. That there have been, in the past, many complaints by residence in subdivisions that they are assessed for water taxes and assessments and yet receive no water for irrigation. 14. That the existence of a number of domestic animals can be disturbing and often times is, for neighbors. 15. That the Ada County Highway District removed from its regulations the maximum length to which a street ending in a culdesac could be constructed. 16. That the properties located on Lot 1 and Lot 2, Chappin Subdivision No. 2 and at 305 E. Fairview Avenue, are presently used and were so used at the time of passage of the original Zoning Ordinance in April of 1984, in a commercial fashion. CONCLUSIONS OF LAW 1. That the City has authority to amend its Zoning and Development Ordinances pursuant to Title 67, Chapter 65, Idaho Code, specifically Section 67-6511, Idaho Code, and Section 11- 2-416 of the Zoning Ordinances and Section 11-9-614 of the Development Ordinance. 2. That all notices and hearing requirements set forth in AMBROSE, FITZG ERAID S CROOKSTON Allomeyn enE Counselors P.O. Boa ~2l MariElen, IONa 8382 TeleD~one BBB~NeI Title 67, Chapter 65, Idaho Code and the Ordinances of the City of Meridian have been complied with. (FINDINGS OF FACT AND CONCLUSIONS - PAGE 5 3. That since the proposed amendments are proposed by the Commission, the technical requirements for an amendment application may be waived, and are hereby waived. 4. That the function of adopting, amending, or repealing the text of a zoning or development ordinance is a legislative function in that such does not pertain to any specific parcel or parcels of property; that the Local Planning Act of 1975 requires findings of fact and conclusions regardless of whether the function is legislative or quasi-judicial. 5. That the Commission may take judicial notice of governmental statutes, ordinances and policies, and of actual conditions existing within the City, County, and State. 6. That it is concluded that it is not in the best interest of the City of Meridian and its residents to require full variance procedures for fence variances and that the proposed procedure will provide adjacent owners with the required notice and provide them with full opportunity for input and provide for appeal, which if there is an unresolved issue or disagreement between the applicant and the adjacent property owners within 200 feet can be resolved as if it were a full variance procedure. 7. That it is desireable to keep cars from being parked AMBROSE, FITZGERALD B OROOKSTON Attorneys and Counselor R.o. Bo, m MarlOlan, ItlMo BJM2 TeleeKOne BBBMBt at all times along the streets of the City of Meridian and that a requirement of a two car garage will facilitate keeping many cars from being parked along the streets of the City of Meridian which in certain and many areas are narrow and are a hinderance (FINDINGS OF FACT AND CONCLUSIONS - PAGE 6 to safety and emergency vehicles. 8. That it is desireable to keep livestock and poultry from being kept and maintained within the City limits; that such were generally prohibited under the Zoning Ordinances in effect prior to April 2, 1984; that it was an oversight not to prohibit livestock and poultry within the City under the Zoning Ordinance adopted April 2, 1984; that if such animals are presently being maintained that the ordinance amendment will provide a procedure for grandfather rights. 9. That the Zoning Schedule of Bulk and Coverage Controls was ambiguous as to the minimum lot size for duplexes. 10. That it is concluded that parking spaces needed to be amended to fit the existing and present sizes of midsize and compact cars, and that the 10 foot requirement for width, other than in 45 degree parking was excessive due to the prevalence of small sized vehicles. 11. It is concluded that no structure should be allowed to be occupied until all utilities are connected to service the property. 12. That it is concluded that on occasion it is appropriate to issue a building permit prior to the placement of all improvements provided the applicant for the building permit or his agent or the developer of the subdivision posts adequate security for the completion of the improvements and that such improvements are completed prior to occupancy. AMBROSE, FITZGERALD B CROOKSTON Attorneys enE Counselors P.O. Box IZ] MsrlAlen, ItlaKo B7GZ TeISPKOna BBBw.61 13. That it is concluded that it is necessary to require FINDINGS OF FACT AND CONCLUSIONS - PAGE 7 80 foot rights-of-way for mile section line roads, in that, this is the goal throughout the County and it is necessary to have uniformity throughout the County. 14. That it is concluded that it is necessary, if at all possible, that property owners receive water which they are paying for and that requiring a pressurized irrigation system will facilitate that need. 15. That it is concluded that for safety reasons it is necessary to restrict the length of a street which ends in a culdesac to 450 feet so that fire and safety vehicles are not hindered for access. 16. That due to the fact that the properties located at Lot 1 and Lot 2, Chappin Subdivision and at 305 E. Fairview Avenue, are used commercially and it is concluded that it is in the best interest to bring the zoning of those properties in line with the actual use. 17. That the proposed amendments are reasonable, desireable and in the best interest of the City of Meridian and its residences. AMePOSE, FITZG ERALD S CROOKSTON Attorneys ena FINDINGS OF FACT AND CONCLUSIONS - PAGE 8 Counselors P.O. Bur d27 MerlAlen, ICMo 83842 Telephone BBBN81 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 Voted04f~~~- -~ Commissioner Rountree ~ti Voted Commissioner Shearer Voted ~ Commissioner Alidjani Voted Chairman Johnson (Tie Breaker) Voted iy~-G~ RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that the Planning and Zoning Commission's proposed Amendments to the Zoning and Development Ordinances should be approved and adopted. MOTION: APPROVED: V DISAPPROVED: AM BROBE, FITZGERALD d CROO KSTON Attomeye ena Counselors P.O. Boy l2] MsrlCien, IENo B38s2 Telaplrone BB&d61 FINDINGS OF FACT AND CONCLUSIONS - PAGE 9 BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION TAMI SHOEMAKER CONDITIONAL USE PERMIT 1031 E. FIRST STREET MERIDIAN, IDAHO AMBROSE, FITZGERALD B CROOKSTON Arrorneya ana Counselors P,O. Box 127 Marltllen, ItlN10 89812 TelepMns BBB~NBt PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing February 13, 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 i. That a notice of a public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for February 13, 1990, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the February 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 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 custom decor and 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 0-T District is to 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. 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 AMBROSE, FITZG ERAlO 6 CROOKSTON A~~orneya antl Couneelora P.O. Box lZ] MarlGlan, ItleNo B]B12 TeleDNOne BBBdlel and residentially; that the property to the south is used commercially; the property to the east is a mortuary and funeral business; the property to the westr~is resid;gntial; the Arfvsa ~ ~ L~,~f d~ property to the north has .previously bee n_ used commercially; the property kitty corner is owned by the U.S. Past Office and is proposed to be used as a post office. 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 the Applicant stated that the 325 square feet closest to Carlton Street would be used for the business; that she would supply two (2) off-street parking spaces on the north side of the house; and that she would meet the sign code. 10. That the area has a large traffic count presently and is expected to increase, at least until the Eagle Road/I-84 interchange is completed. 11. That sewer and water is already connected to the property, but the use may require additional charges or fees. 12. That the City Engineer submitted comments and they are incorporated herein as if set forth in full herein. 13. That the Ada County Highway District (ACRD) submitted comments and they are incorporated herein as if set forth in full herein. 14. That Richard Orton submitted written comment objecting AMBROSE, FIRGERALO 6 CROOKSTON Mtorneya aiM Counselor P.O. Bos X27 Meritllan,IMllo 83Ba2 Teleptrone BB&UBt to the application; that no public comments were given at the hearing. 15. 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. 16. That there may be improvement to streets and sidewalks for part of the area around the Applicant's property, as part of a possible local improvement district. 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; 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 AMBROSE, FITZGERALO B CROOKSTON Atrorneya en0 Coonaelora P.O. Boa IZT MerlClen, IGNo 83B/Z TelePNona BB6aaB1 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 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 far 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 apparently would be designed and constructed, to be harmonious in appearance with the intended character of the general vicinity. 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 far the property and the proposed use will be required. AMBR06E, FITZG ERALD B CROONBTON Atbrneye enE Counselors P.O. Box l2] MeriEien, IEe~o 838lt TelspMne 888!!61 i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major irnportance. 5. That the comments of the City Engineer must be met and complied with. 6. That site specific requirement No. I of the ACRD need not be met; that site specific requirement No. 2 need not be met at this time, but may be required at a later date if the local improvement district (LID) does not perform the work or if the LID does not do all of the sidewalks, and then Applicant will have to as a condition of this conditional use permit. 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 +-"~v '~ COMMISSIONER ROUNTREE VOTEDt~ "~ COMMISSIONER SHEARER VOTED'"~"' COMMISSIONER ALIDJANI VOTED~~~7 CHAIRMAN JOHNSON (TIE BREAKER) VOTED L,;'~~' DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby AM BROSE, FIT2G ERALD B CROO KSTON Attorneys antl Counaelon G.O. Boz 127 MxlElan, Itlaho 83812 Telephone 8881181 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: APPROVED:I;f ~~ _ DISAPPROVED: ~' AM BROSE, FITZGERALD B OROOKSTON Attorneys and Counaalora P.O. Boz ART MerlElen, IAaho 8882 Telepllorre88BJ~81 BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION DALE BATES, VALLEY IMPLEMENT, INC., AND SAM FISHEL CONDITIONAL USE PERMIT 225 W. FRANKLIN ROAD MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW AM BROBE, FITZGERALD BCROOKSTON Atlorneye and Counselors P.O. Box IZ7 Merl0len, IEWIo 8]812 TslepAone 88&esB1 The above entitled matter having come on for public hearing February 13, 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 Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for February 13, 1990, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the February 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 - PAGE 1 Meridian and is owned by Applicant, Valley Implement, Inc., and is described in the application, which description is incorporated herein as if set forth in full; the proposed use of the property is to operate a used car sales lot. 3. That the property is located in a C-G General Retail and Service Commercial District, which requires a conditional use permit for the operation of the use the application requests; that the previous use of the property was for a sales yard of manufactured wood products, vacant structure and land. 4. 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 of the (C-G) District is to provide 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. 5. That the use proposed by the Applicant is an enumerated allowed conditional use in the C-G District. 6. That the property to the west is used as a beer and AMBROSE, FITZG ERALO 6CROOKSTON Altomays and Counselors P.O. 8oz 4T] Meritlian, Itlallo 838~I TaleP~one BBSd~et wine tavern; the property to the east is in use as a mobile home subdivision; the property to the south is used as part of a manufactured wood products business; the property to the north is used commercially. 7. That the City Engineer submitted written comments and FINDINGS OF FACT AND CONCLUSIONS - PAGE 2 they are incorporated herein as if set forth in full. 8. That the Ada County Highway District (ACRD) submitted written comments and they are incorporated herein as if set forth in full. 9. That there was public testimony objecting to possible dust that could be created and objected to the weed condition to the south of Alpine Wood Products; that the Applicant, Fishel, testified there would be no dust created by his operation of the used car lot and the weed problem was Alpine Wood Products' problem and weeds would not be a problem on the sales lot. 10. That the Applicant Fishel stated there would only be 20 cars for sale on the lot at one time; that there would be no detailing and no washing of cars on site, no vehicle repair, and that there would not be any dilapidated vehicles on the premises; he also stated that he had no problem with the City Engineers comments; that he did have objection to the ACHO financial deposit but not to the dedication of right-of-way. 11. That Sam Fishel testified that he will operate the sales lot under a lease and that the lease would provide that he will have full access to the sanitary facilities at Alpine Wood Products. 12. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been given and followed. 13. That the Applicant has submitted the names of the AMBROSE, FIT2G ERAlD d CROOKSTON Attorneys end Counselors P.O. BOa IT] MMebn, lOMo BSM2 Telsplrone 88B~N81 people owning property within 300 feet of the property but their FINDINGS OF FACT AND CONCLUSIONS - PAGE 3 approval of the use of the property is not required because the property is not in a residential district. 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. Z. 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 11-2-418(C) of the Revised and Compiled AM BROSE, FITZGERALD 6CROO KSTON Attorneys and Counselors R.o. Boa An MeriObn, laeno 8384Y TelepNOne BBBSSet 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 FINDINGS OF FACT AND CONCLUSIONS - PAGE 4 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 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 C-G as contained in Section 11-2-408 B 9. 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 sewer and water service availability is through Alpine Wood Products and a satisfactory lease provision will have to evidence Fishel's right to use those facilities. Also, as Commented in the City Engineers comments, additional load on the septic tank and drain field must be cleared through the Central District Health Department. f. The use should not create excessive additional requirements at public cost for public facilities and services and the use should 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 as commented on by the City Engineer. 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 shall have to AMBROSE, FITZGERALO B CROOKSTON Allomays ana Coonaelore P.O. BoK 127 MsrlEian, IEMo 83812 TelepNOne 888~a61 be complied with; that the site specific requirement of ACRD number 1 must be complied with; that the site specific requirement number 2 shall not be a condition for the issuance FINDINGS OF FACT AND CONCLUSIONS - PAGE 5 of the conditional use. 6. That all applicable fire, life safety, and building AM BROSE, FIT2GERALD S CROOKSTON Atlorneya ono Coonselon v.o. ao. ~zv Msriolen, losAo 83NE Talepftone BSeJ/!1 code requirements must be met prior to occupancy and an executed copy of the lease between Mr. Fishel and the owners or tenants of Alpine Wood Products must be provided showing Mr. Fishel's right to use the sewer, water and sanitary facilities of Alpine Wood Products. FINDINGS OF FACT AND CONCLUSIONS - PAGE 6 AM BROSE, FIT2GERALD B CROOKSTON Allorneye anE Counselors P.O. Bor sT Merlelen, IENo B3H4 Telapeone BBB-IMl 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 Nepper Voted ~.~=?- Commissioner Alidjani Voted1 Commissioner Rountree Voted Commissioner Shearer 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 and that such conditional use be reviewed on an annual basis for compliance with the conditions stated herein, MOTION: APPROVED: DISAPPROVED: /~, FINDINGS OF FACT AND CONCLUSIONS - PAGE 7