1989 11-14
A G E N D A
MERIDIAN PLANNING & ZONING
NOVENIDER 14, 1989
ITEM:
MINUTES OF THE PREVIOUS MEETING BEND OCTOBER 10, 1989:
l: FINDIIVGS OF FACT' AND CONCLUSIONS OF LAW ON REQUEST FOR CONDITIONAL USE PERMIT
BY PETER COVIIQO & AMYX FAMILY LTD: (APPROVED - RECOMMENDATION MADE TO COUNCIL)
2: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT BY SANDY BRADEN:(FINDINGS OF
FACT TO BE PREPARED)
3: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERD7IT BY TERRY MOORE: (FINDINGS OF
FACT TO BE PREPARED)
4: PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING W/CONDITIONAL USE PERMIT
BY SCHULTZ & OLSON: (FINDINGS OF FACT TO BE PREPARED)
5: PUBLIC HEARING: AMENDMENTS TO THE ZONING & DEVEUJPMENT ORDINANCE: (APPROVED)
MERIDIAN PLANNING 8 ZONING NOV. 14 198y
Regular Meeting of the Meridian Planning & Zoning Commission called
to order by Chairman Jim Johnson at 7:30 p. m.:
Members Present: Jim Shearer, Charlie Rountree, Tim Hepper:
Members Absent: Moe Alid~ani:
Others Present: Jerry Teal, D.R. Lynn Stutzman, Vonda Yerby, Rene'
Yerby, Phil Yerby, Pete Covino, Sandy Braden, Terry Moore, Larry
Chetwood, Art Finnell, Dale Ownby, Richard Robertson, William H.
Olson, Wayne Crookston:
The Motion was made by Shearer and seconded by Rountree to approve
the Minutes of the previous meeting held October 10, 1989 as
written:
Motion Carried: All Yea:
ITEM #1: FINDINGS OF FACT AND CONCLUSIONS OF LAW ON RE9UEST FOR
CONDITIONAL USE PERMIT BY PETER COVINO 8 AMYX FAMILY LTD:
Chairman Johnson: Is there any questions or discussion.
There was no response.
The Motion was made by Rountree and seconded by Shearer to hereby
adopt and approve of these Findings of Fact and Conclusions of Law
as written:
Roll Call Vote: Hepper - Yea; Rountree - Yea; Shearer - Yea;
Motion Carried: All Yea:
The Motion was made by Rountree and seconded by Shearer that the
Meridian Planning and Zoning Commission hereby recommends to the
City Council of the City of Meridian that the Council either table
this matter or deny it until such time as a Certificate of Zoning
Compliance can be issued for the premises and if such is obtained
by the Applicants the Commission then could recommend approval of
the Conditional Use Permit requested by the Applicant for the
property described in the application, subject to the conditions
stated herein.
Motion Carried: All Yea:
ITEM #2: PUBLIC HEARING: RE9UEST FOR CONDITIONAL USE PERMIT BY
SANDY BRADEN:
Chairman Johnson: Is Sandy Braden present, please come forward and
be sworn by the Attorney.
MERIDIAN PLANNING 8 ZONING
NOVEMBER 14, 1989
PAGE #2
Sandy Braden, 524 E. State Ave., Meridian, was sworn by the
Attorney.
Chairman Johnson: Are there any Commission members with questions
of Sandy.
Hepper: Did you get the comments from the City Engineer and the
Ada County Highway District? Do you have any problems with those?
Braden: Are they saying that I have to put in a curb and a
sidewalk?
Johnson: What that is is a standard response to a Conditional Use
Permit Request. It's been the policy of the City in the past that
we do not require those until which time the entire area is
improved.
Braden: So are there any immediate changes I need to make to my
property.
Johnson: Not with respect to the County, no.
Hepper: How many children are you going to be watching.
Braden: Probably no more than 8 but I want to be licensed to have
up to twelve.
Hepper: Is there any problem with traffic congestion?
Braden: Right now they arrive and are picked up at different times
so there is no problem.
Johnson: This property is located at 524 E. State not 534 as we've
used several times. The area in the back appeared to me to be all
fenced, is that right.
Braden: Yes that is correct.
Johnson: I will now open the Public Hearing on this request. Is
there anyone present who wishes to testify on this request. There
was no response. The Public Hearing was closed.
The Motion was made by Hepper and seconded by Shearer to have the
Attorney prepare the Findings of Fact and Conclusions of Law for
a Conditional Uae Permit for Sandy Braden.
Motion Carried: All Yea:
MERIDIAN PLANNING & ZONING
NOVEMBER 14, 1989
PAGE k:3
The Motion was made by Rountree and seconded by Shearer to include
with the Findings and Facts a recommendation to the City Council
for approval.
Motion Carried: All Yea:
ITEM #~3: PUBLIC HEARING: REBUEST FOR CONDITIONAL USE PERMIT BY
TERRY MOORE:
Chairman Johnson: Is Mr. Moore present, please come forward and
be sworn by the Attorney.
Mr. Chairman, if it is permissible I am Mr. Moore's architect and
he has asked me to represent him.
Jerry Teal, 4090 West State, Boise, was sworn by the Attorney.
Teal: I have with me a drawing to show. The structure will be a
48x48 foot building constructed 1n the SE corner of the lot, we
have a concrete block structure painted with similar graphite ae
to what is on the existing building now which they will be using
as a office structure. We have no objections to the comments that
were made except Item #tl on the comments which they would like to
ask for some alleviation. The site is totally paved and grated et
this time and to change it to meet those particular requirements
would mean tearing up the pavement and creating considerable
additional expense.
Shearer: I don't have a problem with this project but in the past
the vehicle repair shops and auto body shops and so on and we seem
to end up with almost a wrecking yard in some of these and I would
really like to have some assurance from your client that we are not
going to have that kind of effect here.
Teal: They have the shop apace right now to keep the vehicles
inside and if there should become a point in the future that there
would be a need for additional storage, then it was there concern
to construct a site obscuring enclosure for impound.
Rountree: I just reinforce those same concerns as Mr. Shearer. Was
it ever a service station before?
Moore: There are no underground tanks and there is sufficient
vegetation growing around the outside. Basically, the only way we
make any money is working on fairly new cars and we are not
interested in having any type of junky operation.
MERIDIAN PLANNING & ZONING
NOVEMBER 14, 1989
PAGE #4
Attorney Crookston: What type of automotive work, body repair or
are we talking engine repair?
Teal: Body repair.
Johnson: I have a question concerning the fencing, particular in
the south side area, there is an inadequate fence there now which
is probably a fence that was put up by the property owner behind
the south there. That area has to be fenced as I understand it.
Crookston: What kind of chemicals, paints or thinners, things like
that, what kind of precautions are you going to have so that those
don't get into the ground or the atmosphere.
Teal: As far as the particulates from the overspray and that sort
of thing, those are swept up and of course floors are hosed down
to.
Crookston: Which building is going to be the paint building?
Teal: The one we are going to construct will be used for painting.
Hepper: Will this building have a separate paint booth or will the
whole building be used for painting.
Teal: One half of the building in affect be a booth. There will
be a concrete wall down the middle.
Chairman Johnson: I will now open the Public Hearing, is there
anyone present who wishes to testify on this issue? If so please
come forward and be sworn in by the Attorney.
Renee'Yerby, 1620 2 1/2 Street, Meridian, was sworn by the
Attorney.
Yerby: I am the owner of the house to the south of the proposed
construction and we would like to know specifically what kind of
barrier will be put up between us and the new buildings. We plan
on having a vegetable garden and we have two kids that play
outside. We just have concerns about our kids getting into
chemicals or anything that might be spilled or whatever.
Rountree: Do you have anything in mind in terms of the area or are
you just wondering what might be put in there.
Yerby: I would like to see a solid type fence that would keep out
a paint spill or chemical. I feel there needs to be a visual
barrier between also to keep our kids out of that area.
MERIDIAN PLANNING & ZONING
NOVEMBER 14, 1989
PAGE #~5
Shearer: What kind of a fence do we have there now?
Johnson: A picket fence about 3 feet high. Is there anyone else
from the public who wishes to testify. Being no response, the
Public Hearing was closed.
Shearer: If they are doing body work and painting in the building
then overspray would not be a problem.
Rountree: I'm trying to recall the response from Mr. Moore about
a fence.
Terry Moore, 4763 Ridgeview, Meridian, was sworn by the Attorney.
Johnson: We will now re-open the Public Hearing so that this
testimony can be heard.
Moore: He has a legitimate concern. What we would propose along
that line would be a chain link fence, maybe a 48" foot chaln link.
For our benefit we would probably put 1n a 5 or 6 foot chain link
and if mandatory then we would put in the slats and that would the
visual buffer.
Rountree: The other concern is about a potential spill.
Moore: Very low risk. With the new rules that are in effect we
will probably one of the cleaner neighbors to be by.
Johnson: Would you object if we made the fence part of our
recommendation.
Moore: The fence will go down the dividing line, from 2 1/2 Street
to Bodine's property.
Hepper: Do you do any spraying outside or are the doors open while
you are spraying.
Moore: No. Doors are always closed when spraying.
Johnson: We will close the Public Hearing, is there anyone else
who wishes to say anything, being no response, the Public Hearing
was closed.
The Motion was made by Rountree and seconded by Shearer to have the
Findings and Facts and Conclusions of Law prepared by the Attorney.
Motion Carried: All Yea:
MERIDIAN PLANNING & ZONING
NOVEMBER 14, 1989
PAGE #6
The Motion was made by Rountree and seconded by Shearer to
recommend approval by the City Council with the stipulation that
a chain link fence be installed with a minimum of 60" high.
Crookston: Did you want to address the slats in the fence in your
recommendation.
Shearer: Is that a commercial piece of property.
The Motion was amended by Rountree and seconded by Hepper to
include that the chain link include slats to provide visual
barrier.
Motion Carried: All Yea:
ITEM #4: PUBLIC HEARING: REQUEST FOR ANNEXATION & 20NING
W/CONDITIONAL USE PERMIT BY SCHULT2 8 OLSON:
Chairman Johnson: Is there a representative present, please come
forward and be sworn by the Attorney.
Dale Ownby, 1195 East Overland, Meridian, was sworn by the
Attorney.
Ownby: This is a unique piece of property. There is approximately
45 feet of frontage on Locust Grove Road and it widens out to a
point of 95 feet wide, as the applicatlon indicates he plans on
putting modular homes are here for sale. As far as water and
sewer, these modular homes not being permanent probably would use
one of these chemical toilets for any use of their customers or
sales people. Assume in time we would probably drill a well. It
was dust fenced about four years ago. The property does not have
a water right.
Shearer: Is this contiguous with our existing City limits.
Ownby: Yes, it is. Property zoned Commercial on the North aide
of the street.
Shearer: Why did you want to annex into the City of Meridian.
Ownby: They said that's completely up to the City.
Crookston: What's the access to the property for emergency
vehicles.
Ownby: It would be the 45 ft. along Locust Grove, what Mr. Olson
proposed to do would be to set a new fence back probably anywhere
i •
MERIDIAN PLANNING & ZONING
NOVEMBER 14, 1989
PAGE N7
from 50 to 100 ft. back off of Locust Grove so that the 45 foot
plus the 60 foot road would be adequate for 60 & 70 foot trailers
to be pulled in.
Crookston: What's the closest property on the south side of the
freeway.
Ownby: It would be the E1 Peso Natural Gas Company.
Rountree: We haven't received any comments from the Ada County
Highway District yet, but I anticipate them having the same
concerns I have and that's there is not enough room down at the end
of Locust Grove to turn around, it looks like there needs to be a
T-type turn around or a minimum of 40 or 50 foot radius type
turning circle at the end of the street in order to accommodate
Ownby: I think that would be taken care of by that somewhere
between 50 and 100 feet setback back into the property so that any
customers, clients or emergency vehicles, it would be very easy.
Rountree: There is also a comment from the Nampa Meridian
Irrigation District, I couldn't tell by looking at the parcel about
any irrigation that went through the property. Are there any?
Ownby: No there are none.
Hepper: Would he be parking the trailers on the grass?
Ownby: No, the top soil will have to be taken off and gravel put
in.
Hepper: Would that also be sterilized, or the weeds maintained.
Johnson: What kind of signage would you propose.
Ownby: The signage proposed would be a Bonner Type such as canvas
or a temporary type on each home.
Johnson: How about hours of business. Are we talking new and
used.
Ownby: Hours would be only daylight hours. Primarily new units,
with the possibility of some used.
Johnson: What would you anticipate the total number of units you
would have there.
NOVEMBER 14, 1989
PAGE A~8
Ownby: It's 1320 feet long, and you would have to leave something
like 100 feet off the west end and 100 feet off of the east end,
so approximately 1100 feet of useable property to display those.
As high as ten (10) units at one time.
Crookston: Modular Home are we talking mobile homes or pre-
manufactured homes.
Ownby: Pre-manufactured modular homes.
Olson: Manufactured houses, most of these will be doubles.
They' 11 meet the new codes of any of the zoning of the new HUD
codes. The footing and foundation will become a piece of real
property.
Crookston: This is dust a sales operation, right.
Ownby: Strictly sales, no repair.
Chairman Johnson: The Public Hearing is now open. If there is
anyone who wishes to testify please come forward and be sworn by
the attorney.
Richard Robertson, 1495 S. Locust Grove Rd., Meridian, was sworn
by the Attorney.
Robertson: I have two concerns, one is the kind of fences that
will be used around the perimeter and when you elevate the ground.
Through my irrigation what's going to happen to my piece of
property, because right now everything that I got dumps right into
it.
Johnson: They both run into that ditch.
Robertson: Not on the irrigation.
Ownby: It is not possible for Mr. Olson to use this property for
what he is proposing without raising it up to a level so that no
water will come on it.
Rountree: What about the fencing issue.
Ownby: The fence that is there is a barb wire fence that was put
in sometime in the last six years.
William H. Olson, 3204 S. Indianna, Caldwell, Idaho, was sworn by
the Attorney.
NOVEMBER 14, 1989
PAGE #9
Olson: On the water situation with Mr. Robertson, we'd be glad to
work with him. When we build our base up, I will bring a tractor
over and ditch a smell waste ditch down to where it flows to the
waste ditch. I don't think we'd have any problem with crime in
that area. In Caldwell we do have a six foot high fence because
we are in a high crime area. I think barb wire fence would be
enough. We'll be glad to work with Mr. Robertson as far as the
water.
Johnson: Is there anyone else who wishes to testify, being no
response the Public Hearing was closed.
The Motion was made by Rountree and seconded by Shearer to have the
attorney prepare the Findings of Fact and Conclusions of Law.
Motion Carried: All Yea:
The Motion was made by Hepper and seconded by Rountree to recommend
to the Meridian City Council that they approve of the annexation
and zoning for the Conditional Use Permit by Schultz & Olson.
Motion Carried: All Yea:
ITEM #5: PUBLIC HEARING: AMENDMENTS TO THE 20NING & DEVELOPMENT
ORDINANCE.
Johnson: I will now open the Public Hearing, is there anyone who
wishes to testify, being no response the Public Hearing was closed.
Rountree: I have one comment, it relates to the Kennel definition
#11. We again get ourselves in conflict with another section of
the Ordinance, so is there some way to correct this to affect all
other sections.
Shearer: I was wondering where we came up with 2 dogs, normally
they have three in Ada County and Boise before they go into a
kennel permit, isn't it. Why are we going 10 ft. with a 45 and
9 ft. with the rest of it for the parking. There was further
discussion on this.
The Motion was made by Rountree and seconded by Shearer to have the
Findings of Fact and Conclusions of Law prepared and recommend
approval to the City Council with the corrections that were
discussed.
Motion Carried: All Yea:
NOVEMBER 14, 1989
PAGE: #10
Being no further business to come before the Commission the Motion
ryas made by Hepper and seconded by Rountree to adjourn at 8:30
p. m. .
APPROVED:
J611-M-~JOrH+ SON, CHAIRMAN
ATTEST:
JAC19 AIE4fANN/ CITY CLERK
May6r & Council
P & Z Members,
Atty, Eng., Bldg,
Fire, Stuart, Ward,
Gase, Police, ACRD,
Valley News, Statesman,
NIMD, Hallett, CDH, ACC
MAIL (4)
FILE (4)
~ Y
i •
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
SANDY BRADEN
CONDITIONAL USE PERMIT
524 EAST STATE
MERIDIAN, IDAHO
AMBROSE,
FITZG ERALD
S CROOKSTON
Attomeyn end
Couneelore
P.O. Boz 127
Meritllan, IEeho
89812
TBIeDhonl888~/081
FINDINGS OF FACT AND CONCLUSIONS
The above entitled matter having come on for public hearing
November 14, 1989, at the hour of 7:30 o'clock p.m., the
Petitioner appearing in person, the Planning and Zoning
Commission of the City of Meridian having duly considered the
evidence and the matter makes the following Findings of Fact and
Conclusions:
FINDINGS OF FACT
1. That a notice of a public hearing on the Conditional
Use Permit was published for two (2) consecutive weeks prior to
the said public hearing scheduled for November 14, 1989, the
first publication of which was fifteen (15) days prior to said
hearing; that the matter was duly considered at the November
14, 1989, 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 Petitioner and is described in the
application which description is incorporated herein.
3. That the property is zoned R-8 Residential, which
requires a conditional use permit for the operation of a group
child care home, caring for less than 13 children, which is the
use the application requests; that such use requires a
conditional use permit in any zone where allowed.
4. That the R-8 District is described in the Zoning
Ordinance, 11-2-408 6. 2 as follows:
(R-8) MEDIUM DENSITY RESIDENTIAL DISTRICT:
The purpose o~the (R- District is to
permit the establishment of single and two
{2) family dwellings at a density not
exceeding eight (8) dwelling units pre acre.
This district delineates those areas where
such development has or is likely to occur
in accord with the Comprehensive Plan of the
City and is also designed to permit the
conversion of large homes into two (2)
family dwellings in well-established
neighborhoods of comparable land use.
Connection to the Municipal Water and Sewer
systems of the City of Meridian is required.
5. That the day car use proposed by Applicant is an
allowed conditional use in the R-8 district if it does not
violate subdivision covenants or deed restrictions, which
according to the application submitted by the Applicant, it does
not.
6. That the other property in the area is used
residentially.
7. That proper notice has been given as required by law
AMBR08E,
FITZG ERALD
S CROONSTON
Allorneya 6nE
Counealora
P.O. Box R7
MariElan, IEMo
83862
TeIeDIIDna 8886681
and all procedures before the Planning and Zoning Commission
have been given and followed.
8. That the subject property is presently used as a
residence and and family home.
9. Traffic will not be a problem.
10. That sewer and water is already connected to the
property, but the use may require additional charges or fees.
Also, the City Engineer submitted comments which are
incorporated herein as if set forth in full herein.
11. That the applicant has obtained the required 75% of
the signatures of owners of lots within 300 feet of the subject
property showing approval of the application.
12. That there was no testimony submitted in opposition to
the application.
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; including obtaining the consent of 75% of the 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 Compiled Ordinances of the City
of Meridian; and
3. That the City of Meridian has authority to place
AMBROSE,
FIT2GERALD
B CROOKSTON
Atmrneya end
Coonaelora
P.O. Boa ~2T
MarlElan, IEaKo
838a2
Teleplwrie BBBJ~S1
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 ii-2-418(C) of the Revised and Compiled
Ordinances of the City of Meridian sets forth the standards
under which the Planning and Zoning Commission and the City
Council shall review applications for Conditional Use Permits;
that upon a review of those requirements and a review of the
facts presented and the conditions of the area, the Planning and
Zoning Commission concludes as follows:
a. The use, would in fact, constituted a
conditional use and a conditional use permit
would be 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.
gMBROSE,
FITZG ERALO
dCROOKSTON
gllomeye and
Counselors
G.O. Boz e2T
Merldlen, Itla~o
BJBeY
Telephone 88&1181
h. That sufficient parking for the
property and the proposed use will be
required.
i. The development and uses will not
result in the destruction, loss or damage of
a natural or scenic feature of major
importance.
5. It is further concluded that the comments,
recommendations and requirments of the City Engineer wilt have
to met and complied with.
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 qq
%`Ifi~~l~~~
COMMISSIONER SHEARER VOTED X
~~
COMMISSIONER ALIDJANI VOTED
CHAIRMAN JOHNSON (TIE BREAKER) VOTED ~~
DECISION AND RECOMMENDATION
The Meridian Planning and Zoning Commission hereby
AMBROSE,
FIT2GERALD
SCROOKSTON
A~torneya antl
Couneelora
P.O. Bov l27
Marltllen, IEeAo
BJ814
TBIaDIIORa BBBMeI
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
gMBROSE,
FIIZG ERALO
B CROOKSTON
sewer requirements, the fire and life safety codes, and the
Uniform Building Code, and other Ordinances of the City of
Meridian.
MOTION:
APPROVED:
gltorneys end
Couneelon
pG~„~„ FINDINGS OF FACT AND CONCLUSIONS OF LAW
Mer~alen. ltleftp P a g e - 6
ex~x
Telspflone BBBJMI
DISAPPROVED:
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
MOORE, WURST & CHETWOOD
CONDITIONAL USE PERMIT
225 EAST FAIRVIEW AVENUE
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled matter having come on for public
hearing November 14, 1989, 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
AMBROBE,
FITZGERALD
BCROOKSTON
Altorneyn AnE
Counselors
F.G. BoY 121
MerlElen, IOeno
83812
TeleDlane 888-181
Permit was published for two (2) consecutive weeks prior to the
said public hearing scheduled for November 14, 1989, the first
publication of which was fifteen (15) days prior to said
hearing; that the matter was duly considered at the November 14,
1989 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
S tdtlOnS;
2. That this property is located within the City of
AMBROSE,
FITZG ERALO
d CROOKSTON
Atlomeye enE
Counselors
P.O. ear ~Y]
MerlElen, IEeho
&YU]
Teleplrone BBBJ~81
Meridian and is owned by the Applicant, Larry Chetwood, 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 2 1/2 Street and
Fairview Avenue; that the property fronts on Fairview Avenue;
the proposed use of the property is to operate an auto body and
recreational vehicle repair business.
3. That the property has been used for commercial
businesses for some period of time in the past, and
particularly as an automobile sales lot. The parcel is
apparently zoned R-8 according to the present zoning maps but
this zoning also appears to have been an over sight as when the
1984 Zoning Ordinance was passed the property was then in use
as an automobile sales lot which, under the 1984 Zoning
Ordinance, the parcel should have been zoned (C-G) General
Retail and Service Commercial. The surrounding property is
zoned either Community Commercial or General Retail and Service
Commercial and the property surrounding was so zoned at the
time of the passage of the 1984 Zoning Ordinance to conform the
zoning to the then existing use of the property. Since the
property was being used as an Automobile sales lot at the time
of the passage of the 1984 Zoning Ordinance, it should have been
zoned (C-G), General Retail and Service Commercial which is the
only zone that allows automobile sales lots under a conditional
use. That the City of Meridian has in the past stated that the
particular piece of property was commercially zoned and the
property is taxed as commercial property according to the
official tax records of Ada County.
4. It is therefore found that the zoning of the parcel
should be General Retail and Service Commercial and the parcel
shall be so treated. The C-G General Retail and Service
Commercial District requires a conditional use permit for the
operation of the use the application requests.
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 the - istrictis 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.
6. That the use proposed by the Applicant is an
enumerated allowed conditional use in the C-G District.
7. That the property to the west is a self-service
AMBROSE,
FITZG ERALD
ECROONSTON
Auomeys and
Counselors
P.O. Boz t27
MsM81an, IENo
83812
TelepMns BBN/61
gasoline station and a self-service car wash and is zoned
Community Commercial; the property to the east is a bulk
gasoline and oil distributor business and is zoned R-8 but the
property has grandfather rights for the existing operation and
like th subject property should have been zoned in 1984 to fit
the then current use; the property to the south is a single
family residence but is zoned R-8 rather than R-4; the property
to the north is Fairview Avenue and the property north of
Fairview Avenue is partially vacant ground, a seat cover
business, a automobile transmission business, a tire shop, and
other service and general retail operations largely automotive
related and the property is zoned either Community Commercial or
General Retail and Service Commercial.
8. That the immediate past use was for an automobile
sales lot but the property is not being used at this time.
9. That proper notice has been given as required by law
and all procedures before the Planning and Zoning Commission
have been given and followed.
10. That the Applicant has submitted the names of the
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 a residential district.
11. That the occupant of the residence south of the parcel
AMBROSE,
FITZG ERALO
&CROOKSTON
Atlorneya and
Counaelore
P.O. Box ~Ry
MerlAlen, Itlaho
87N2
TelaDllone BBBJ~Bt
appeared at the hearing and voiced concerns over noise, fumes,
both from chemicals and paints, and possible unsightliness that
could result from the proposed business and was concerned about
his small children being able to gain access to the parcel; that
the Applicant agreed to place a 60 inch chain link with slats so
that the view would be cut off from the house to the subject
parcel and such that his children could not gain access; the
Applicant further testified that there would be no paint or
chemical fumes that would spread over to the house as those
would used exclusively indoors and in accordance with
applicable regulations; that applicant did not address the
possible noise pollution that could result if not properly
operated other than to say that the operation would be conducted
indoors.
12. That the Zoning Ordinance does address specific
provisions for commercial and industrial uses in Section 11-2-
413 of the Revised and Complied 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
1. That all the procedural requirements of the Local
AMBROBE,
FITZGERALD
BCROOKBTON
Attorneys and
Counaelora
P.O. Boa 12]
MBhEISn, IEa~o
B78/2
TBIpMne BBBJ~81
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 11-2-418(C) of the Revised and Compiled
Ordinances of the City of Meridian sets forth the standards
under which the Planning and Zoning Commission and the City
Council shall review applications for Conditional Use Permits;
that upon a review of those requirements and a review of the
facts presented and the conditions of the area, the Planning and
Zoning Commission preliminarily concludes as follows:
a. The use, would in fact, constitute a conditional
use and a conditional use permit is required by
ordinance.
b. The use, 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 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, if operated in accordance
with the conditions contained herein.
e. The sewer and water service availability is in
doubt and something will have to be done to provide
sewer and water.
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.
AMRROSE,
FIT2G ERALO
BCROONSTON
Atlorneye anE
Gouneeloro
P.O. eoe 62T
MerlEian, IEetto
83861
TeleDNOne BBBa681
h. Sufficient parking for the property and the
proposed use must be provided.
i. The development and uses will not result in the
AMBROSE,
FITZOERALD
B CROOKSTON
Attorneys ane
Couneelore
P.O. BoM l27
MeriCien, IEMo
&7812
Teleplwne 8884181
destruction, loss or damage of a natural or scenic
feature of major importance.
5. That comments may be submitted by the Ada County
Highway District, the Idaho Transportation Department, the
Central District Health Department, the Nampa & Meridian
Irrigation District, and the City Engineer; that those comments
are incorporated herein and shall be a requirement for issuance
of the conditional use permit at this time.
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 i1-2-413 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 including the
failure to construct, and then maintain, the fence as above
agreed to by the Applicant.
8. That also as a condition of issuance of the
conditional use permit, if granted, the fence shall have to be
constructed prior to occupancy.
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 Alidjani Voted~_
Commissioner Rountree Voted!i .CSC-L'~'
Commissioner Shearer Voted~_
Chairman Johnson (Tie Breaker) Voted~_
DECISION AND RECOMMENDATION
AMBROSE,
FITZG ERALD
8 CROOKSTON
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:
Attorneys end
G°""'°'°r' FINDINGS OF FACT AND CONCLUSIONS OF LAW
R.o.eexazT P A G E - 8
Merltllen, ICelw
BJNP
Telepftone BBdd.181
d. The conversion is in compliance with all other relevant
codes and ordinances.
Z, Temporary Buildings: Temporary buildings, construction trailers,
equipment, andermitted lonly einlanyo district dur'ng therperiod
work may be p ro ress; however, such temporary
the construction work is in p 9
facilities shall be removed upon completion of the construction
work. Storage of such facilities or equipment beyond the -1
completion date of the project shall require a Certificate of
Zoning Compliance authorized by the Administrator.
3. Required Trash Areas: All trash and/or garbage collection
areas for commercial, industrial, and multi-family residential
uses shall be enclosed on at least three (3) sides by a solid
wall or fence of at least four (4) feet in height or within an
'ldin or structure. Adequate vehicular access to
closed bui g arba e
en of trash or g 9
ion
and from such area or areas for collect
as determined by the Administrator shall be provided.
~~j 2-413 B PROVISIONS FOR COMMERCIAL AND INDUSTRIAL USES
1. No land or building in any district shall be used or occupied
in any manner creating dangerous, injurious, noxious, or other-
wise objectionable conditions which could adversely affect the
~ surrounding areas or adjoining premises except that any use
permitted by this Ordinance may be undertaken and maintained if
acceptable measures and safeguards to reduce dangerous and
objectionable conditions to acceptable limits as established by
I', the following performance requirements:
a. Fire Hazards: Any activity involving the use or storage
of flammable or explosive materials shall be protected by
adequate fire-fighting and fire-prevention equipment and
by such safety devices as are normally used in the handling
of any such material. SUCK hazards shall be kept removed
from adjacent activities to a distance which is compatible
with the potential danger involved as specified in the
Uniform Fire Code and the National Safety Foundation
publications;
b. Radioactivit or Electrical Disturbances: No activity
shall emit harmful radioactivity at any point adversely
affecting the operation of any equipment at any point
other than that of the creator of such disturbance;
c. Noise: Objectionable noise which is due to volume, fre-
quency, or beat shall be muffled aratuseCUSed solelyllfor
Air-raid sirens and related app
public purposes are exempt from this requirement;
-54-
2-413
d. Vibration: No vibration shall be permitted which is
discernible without instruments on an adjoining lot or
property.
e. Air Pollution: Air pollution shall be subject to the
requirements and regulations established by the Health
Authorities;
f. Glare: No direct or reflected glare shall be permitted
which is visible from any property outside an industrial
district or from any street;
g- Erosion: No erosion by man, wind, or water shall be
permitted which will carry objectionable substances onto
neighboring properties;
h. Water Pollution: Water pollution shall be subject to the
requirements and regulations established by the Health
Authorities;
2. Enforcement Provisions: The Administrator, prior to [he issuance
of a Certificate of Zoning Compliance, may require the submission
of statements and plans indicating the manner in which dangerous
and objectionable elements involved in the processing and in
equipment operations are to be eliminated or reduced to accepta-
ble limits and tolerances;
3. Measurement Procedures: Methods and procedures for the determi-
nation of the existence of any dangerous and objectionable
elements shall conform to applicable standard measurement
procedures published by the American Standards Institute, New
York, the Manufacturing Chemists' Association, Inc., Washington,
D.C., the United States Bureau of Mines, and the Health Author-
ity; Section 13.03.
C PROVISIONS FOR UNIQUE LAND USES
Certain unique land uses pose special problems that may have detrimen-
tal influences on surrounding land uses. The following performance
standards for such unique land uses shall be adhered to in addition
to all other provisions of this ordinance.
1. Accessory Buildings:
a. All parts of an accessory building shall be located within
the lot of ownership. Where an alley has been vacated,
permitted accessory uses may be located at the centerline
of such alley, provided:
(1) Proof of ownership is established;
ti
4
-55-
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
SCHULTZ & OLSON.
ANNEXATION, ZONING AND CONDITIONAL USE
SCHULTZ & OLSON ANNEXATION
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled annexation, and zoning and conditional
use application having come on for consideration on November 14,
1989, at the hour of 7:30 o'clock p.m, on said date, at the
Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and
the Commission having heard and taken oral and written testimony
and the applicants appearing and having duly considered the
matter, the Planning and Zoning Commission makes the following:
FINDINGS OF FACT
1. That notice of public hearing on the annexation, zoning
and conditional use was published for two (2) consecutive weeks
prior to the said public hearing scheduled for November 14,
1989, the first publication of which was fifteen (15) days prior
to said hearing; that the matter was duly considered at the
November 14, 1989 hearing; that the public was given full
opportunity to express comments and submit evidence; and that
AMSROSE, copies of all notices were available to newspaper, radio and
FITZG ERAlO
E CROOKSTON
television stations.
Attorneys sn0
Counselors F DINGS OF FACT AND CONCLUSIONS OF LAW
p.o. eo. azT P e - 1
Meridian, IOMo
838/2
Telaplwne 886M81
2. That the property included in the application for
annexation, zoning and conditional use is described in the
application, and by this reference is incorporated herein; that
the property is approximately 1.55 acres in size; that it is a
long narrow strip of land with irregular boundaries; it has
forty-five feet of frontage along Locust Grove Road; it is 45
feet wide at its narrowest point and 95 feet at its widest point
and is 1,320 feet long; it is on the south side of Interstate I-
84 and is west of Locust Grove Road.
3. That the property is presently zoned by the
county as AP-2 and is used for pasture; the proposed use would
be for General Retail and Service Commercial (C-G) with a
conditional use permit for a modular and pre-fabricated home
sales lot.
4. The general area surrounding the property is used in
a agriculturally fashion with a kennel in the area also; the
property to the immediate west is also agriculturally used but
generally west is being developed industrially; the property to
the north is Interstate I-84 and across the freeway are
residential areas with a minimum lot size of one acre.
5. That the property is adjacent and abutting to the
present City limits across the freeway but is not abutting at
any point south of the freeway.
6. The Applicant, Schultz, is the owner.
7. That the property included in the annexation and
AMBROSE,
FITZGERALD
B CROOKSTON
Attorneys antl
Counselors
P.O. Boz 12T
Merltllan, Itleho
83812
Talepirone 8881181
zoning application is within the Area of Impact of the City of
F~NDINGS OF FACT AND CONCLUSIONS OF LAW
P ae - 2
AM BROSE, j
iITZGERALD 'I
BCROOKSTON I
Attorneys ena F I
Counselors P d
P.O. eoe KIl
MxlAlan, IOeno
e]es1
Telsplgne BB6ee81
Meridian.
8. That the parcel of ground is included within the
Meridian Urban Service Planning Area as the Urban Service
Planning Area is defined in the Meridian Comprehensive Plan.
The parcel is included in the area designated by the
Comprehensive plan as the Mixed-Use Area between I-84 and
Overland Road.
9. That the Application requests that the parcel be
annexed and zoned as General Retail and Service Commercial and
requests a conditional use permit to allow a pre-fabricated and
modular homes sales facility.
10. That if the land were annexed at this time the City
would be obligated to provide, at a minimum, police and fire
protection services.
11. That the property cannot be serviced with City water
and sewer at this time and such are not available. If annexed
the parcel would have to connected to City sewer and water when
they become available pursuant to the Ordinances of the City.
12. Ada County Highway District and the Department of
Health may submit comments and such shall be incorporated herein
as if set forth in full.
13. That the City Engineer and irrigations districts may
submit comments and such shall be incorporated herein as if set
forth in full.
14. That the (C-G) General Retail and Service Commercial
district is described in the Zoning Ordinance, 11-2-408 B. 9 as
DINGS OF FACT AND CONCLUSIONS OF LAW
e - 3
follows:
(C-G) GENERAL RETAIL AND SERVICE
COMMERCIAL: The purpose of the C-G)
istrict 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.
15. That 11-2-409 C. allows Sales Lots only under a
conditional use permit in the C-G zone.
16. That proper notice was given as required by law and
all procedures before the Planning and Zoning Commission were
given and followed.
17. That the Applicant has requested a conditional use
permit and submitted the names of personas owning property
within 300 feet of the external boundaries of the property;
That the applicant is not required to have a petition signed by
75% of those personas since the land is not contained in a
residential district.
18. That there was testimony that indicated that no
building or sign or any other type of construction or structure
of any kind could be located within 20 feet of the boundary line
AMBROSE,
F1T2GERALD
d CROOKSTON
Attorneys ana F
Gounaalon
P.O. Boz l27 P
MerlClan, IENo
B38It
TeleONOns BB&H81
between the Interstate and the parcel in question.
[IN DINGS OF FACT AND CONCLUSIONS OF LAW
ge - 4
• •
19. That there was on person, Richard Robertson, appearing
at the hearing and he voiced concern as to how his own property
would be able to drain and whether there would be raising of the
land level on the subject parcel; his other concerns were over
the irrigation is the area and how the property would be fenced.
20. That there was also concern of the amount of space
that was available for turn around purposes at the north end of
South Locust Grove Road.
CONCLUSIONS
1. That all the procedural requirements of the Local
Planning Act and of the Ordinances of the City of Meridian have
been met; including the mailing of notice to owners of property
within 300 feet of the external boundaries of the Applicant's
property.
2. That the City of Meridian has authority to annex land
pursuant to 50-222, Idaho Cade, and pursuant to 11-2-417 of the
Revised and Compiled Ordinances of the City of Meridian; that
exercise of the City's annexation authority is a Legislative
function.
3. That the Planning and Zoning Commission has judged
this annexation and zoning use application by the standards
contained in Section 50-222, Title 67, Chapter 65, Idaho Code,
the Meridian City Ordinances, Meridian Comprehensive Plan and
the record submitted to it and things of which it can take
AMBROSE,
FIRGERALO judicial notice.
BCROOKSTON
Albmeyn end
°o°""'°° F NDINGS OF FACT AND CONCLUSIONS OF LAW
F.o. ao. ~xr p g e _ 5
MarlElAn, ItlBlto
83MY
telBpMne BBBJ,SI
4. That all notice and hearing requirements set forth in
Title 67, Chapter 65, Idaho Code, and the Ordinances of the City
of Meridian have been compiled with.
5. That the Commission may take judicial notice of
government ordinances, and policies, and of actual conditions
existing within the City and State.
6. That the land within the proposed annexation is
contiguous to the present City limits of the City of Meridian,
and the annexation would not be a shoestring annexation.
7. That the annexation application has been initiated by
the Applicant and the owners, and the annexation is not upon
the initiation of the City of Meridian.
8. That since the annexation and zoning of land is a
legislative function the City has authority to place conditions
upon the annexation of land pursuant to 67-6512, Idaho Code,
and Section 11-2-418(D) of the City Zoning Ordinances.
9. That the development of annexed land must meet and
AMRROSE,
FITZG ERALO
6 CROOKSTON
Allureeye .ne F
Counselors P
P.O. Bos ~2l
Merltllen, Itleho
83612
Telephone BSB~N81
comply with the Ordinances of the City of Meridian and in
particular Section 11-9-616 which pertains to development time
schedules and requirements; that the Applicant, at his own cost,
will be required to connect to Meridian water and sewer when
they become available; that the property will be subject to Site
Planning Review; that the property will be subject to the
requirements of the Ada County Highway District, the Central
District Health Department requirements, the Nampa & Meridian
Irrigation District, and the comments of the City Engineer.
~NDINGS OF FACT AND CONCLUSIONS OF LAW
ge - 6
10. That proper and adequate access to the property is
available and will have to be maintained; that sufficient turn
around space will have to be constructed on Locust Grove Road
adjacent to the parcel.
11. That at the hearing the applicant agree to construct a
waste ditch so that the Robertson property could be adequately;y
drained and such waste ditch is a requirement.
12. That since the Applicant's property is in the Mixed
Use Area between the Interstate and Overland Road as designated
in the Comprehensive Plan, the annexation and zoning
Application is in conformance with the Comprehensive Plan and
does not conflict with the Rural Areas policies.
13. That it is concluded that the annexation and zoning
would be in the best interests of the City of Meridian.
14. Therefore, based on the Application, the testimony and
AM BROSE,
FITZGERALD
d CROOKSTON
A~~orneys Antl
Counaeloro
P.O. Box l1T
MariElan, IUBNo
B384S
TelepMne B88-p81
evidence, these Findings of Fact and Conclusions, and the
Ordinances of the City of Meridian, it is ultimately concluded
that Applicant's property should be annexed and zoned as
requested; that the conditions should be those stated above and
other conditions to be explored at the City Council level; that
such annexation would be orderly development and reasonable if
the conditions are met.
15. That in regards to the conditional permit for the
Planned unit developments it is hereby found that 11-2-418(C)
of the Revised and Compiled Ordinances of the City of Meridian
sets forth the standards under which the Planning and Zoning
F~NDINGS OF FACT AND CONCLUSIONS OF LAW
P qe - 7
Commission and the City Council shall review applications for
Conditional Use Permits; that upon a review of those
requirements and a review of the facts presented and the
conditions of the area, the Planning and Zoning Commission
preliminarily concludes as follows:
a. The use, would in fact, constitute a conditional
use and a conditional use permit is required by
ordinance.
b. The use would be harmonious with and in
accordance with the Comprehensive Plan but the Zoning
Ordinance requires a conditional use permit to allow
the use.
c. The use apparently would be designed and
constructed, to be harmonious in appearance with the
intended character of the general vicinity.
d. That from a zoning standpoint, the use should not
be hazardous nor should it be disturbing to existing
or future neighboring uses.
e. The property does not have sewer and water
service available and such will have to be provided on
site; however when the sewer and water becomes
available the property will have to be connected as
required by the Ordinances of the City of Meridian.
f. The use would not create excessive additional
requirements at public cost for public facilities and
services and the use would not be detrimental to the
economic welfare of the community.
g. The use would not involve a use, activity,
process, material, equipment or conditions of
operation that would be detrimental to person,
property or the general welfare by reason of excessive
production of traffic or noise.
h. Sufficient parking for the property and the
proposed use must be provided.
AM BROSE,
FITZGERALD
B CROOKSTON
Allomeye and
Couneelora
F.O. Boz 12]
MsrlElan, Kano
89!12
Tsleptrone 8881181
i. The development and uses will not result in the
destruction, loss or damage of a natural or scenic
feature of major importance.
F~NDINGS OF FACT AND CONCLUSIONS OF LAW
P oe - 8
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian Planning and Zoning Commission hereby adapts
and approves these Findings of Fact and Conclusions.
ROLL CALL:
Commissioner Hepper Voted
Commissioner Rountree Voted ,h;<~,j
Commissioner Shearer Voted
Commissioner Alidjani Voted~_
Commissioner Johnson (Tie Breaker) Voted
DECISION AND RECOMMENDATION
The Meridian Planning and Zoning Commission hereby
recommends to the City Council of the City of Meridian that they
approve the annexation and zoning requested by the Applicant for
the property described in the application, subject to the
conditions stated herein and recommend approval of the
conditional use upon the conditions set forth in the findings
of fact and the conclusions of law.
MOTION:
APPROVED:~___ DISAPPROVED:
AMBROSE,
FIT2GERALD
B CROOKSTON
Attorneys and
Counselors
P.O. BoK s27
Merltl{en, Itlello
838aY
Telepfwne BBBis81
F~NDINGS OF FACT AND CONCLUSIONS OF LAW
P ge - 9