1989 07-11
A G E N D A
MERIDIAN PLANNING & ZONING
JULY 11, 1989
I ITEM:
MINUTES OF THE PREVIOUS MEETING HELD JUNE 13, 1989
1: FINDINGS OF FACT & CONCLUSIONS OF LAW ON REQUEST FOR CONDITIONAL
USE PERMIT BY ALIDJANI & BLAIR:~APPROVED)
MERIDIAN PLANNING & ZONING JULY 11, 1989
Regular Meeting of the Meridian Planning 6 Zoning Commission called to order by Chairman
Jim Johnson at 7:30 P.M.:
Members Present: Jim Johnson, Jim Shearer, Chazles Rountree, Tim Hepper:
Members Absent: Mce Alidjani:
Others Present: Wayne Crookston:
The Motion was made by Rountree and seconded by Shearer to approve the Minutes of the
previous meeting held June 13, 1989 as written:
Motion Cazried: All Yea:
Item #1: FINDINGS OF FACT & CONCLUSIONS OF LAW ON REQUEST FOR CONDITIONAL USE PERMIT
BY ALZA7ANI S BLAIR:
Johnson: Is there any discussion on this request?
The Motion was made by Shearer and seconded by Rountree to hereby adopt and approve
the Findings of Facts and Conclusions of Law.
Roll Call Vote: Hepper - Yea; Rountree - Yea; Shearer - Yea;
Motion Cazried: All Yea:
The Motion was made by Rountree and seconded by Hepper that the Meridian Planning ~
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 states herein.
Motion Cazried: All Yea:
Johnson: Before we adjourn we have an item for discussion. Some people have come to
?the City Clerk to have some water tested on the Reho property located on the northeast
corner of Meridian Road & Overland. They want to put up a convenience store and then
change that to a truck stop probably because of the zoning the way that it is.
We don't have anything from them formally or informally as to what they plan on doing
but they did mention putting in diesel pumps.
Shearer: Are they going to tear the old building down?
City Clerk: All the old buildings, all the old farm equipment will be gone.
Rountree: I think it's a super idea, but I still think it needs a Conditional Use Permit,
I really think it ought to go by ACHD.
Johnson: Being familiar with the property the only thing that struck me was that
the way the property is shaped and the restrictions because of the ditch and the overpass.
THERE WAS FURTHER DISCUSSION ON THIS ITEM (TAPE ON FILE)
MERIDIAN P 6 Z
JULY 11, 1989
PAGE #2
There was also some discussion on the size of mobile homes in the mobile home
parks. Walt is supposed to get with Johnson to go over this.
City Attorney: There are certain set backs for safety reasons.
Shearer: We either need to enforce them or do away with them.
City Clerk: We have a party at 1323 W. 4th that has a whole bunch of junk cars
and some horses, the papers will be served this week, do you want him to serve
on the horses at the same time.
City Attorney: The horses are a zoning violation and the junk falls under the
Planning & Zoning Administrator and the junk is handled initially by the Police
Department.
It was the consensus that both th_e horses and the junk vehicles could be served at
the same time.
Shearer: Has anything been done on the Radiator Shop?
City Clerk: Under the new 9rdinance the City can be a complaining party for places
that need to be cleaned up.
Being no further business to cane before the Commission the Motion was made by Shearer
andseconded by Hepper to adjourn at 8:00 P.M.:
Motion Carried: All Yea: (TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
~/ ` -
~t ~ -- j
JIM ~T , IRMAN
ATTEST:
pfayor ~ Council
P & Z Members,
Atty, Eng., Fire, Police,
Stuart, Ward, Gass, Hallett,
Valley News, Statesman, Stutzmian;
ACRD, NIMD, CDH, SID, ACC
Mail (1)
File '(1)
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
MOHAMMED ALIDJANI and BILL BLAIR, JR.
CONDITIONAL USE PERMIT
EAST CARLTON AND 2 1/2 STREET
MERIDIAN, IDAHO
PRELIMINARY
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled matter having come on for public
hearing June 13, 1989, at the hour of 7:30 o'clock p.m., the
Petitioner appearing in person, and Commissioner Alidjani not
participating due to a declared conflict of interest, the
Planning and Zoning Commission of the City of Meridian having
duly considered the evidence and the matter, makes the following
Preliminary Findings of Fact and Conclusions of Law:
FINDINGS OF FACT
1. That a notice of public hearing on the Conditional Use
AM BROSE,
FIT2GERglD
B CROOKSTON
Attorneys and
Counselors
P.O. Box 427
MeriEian, IW~o
83842
Teleplrone 8884481
Permit was published for two (2) consecutive weeks prior to the
said public hearing scheduled for June 13, 1989, the first
publication of which was fifteen (15) days prior to said
hearing; that the matter was duly considered at the June 13,
1989 hearing; that the public was given full opportunity to
express comments and submit evidence; and that copies of all
~,
notices were made available to newspaper, radio and television
stations;
2. That this property is located within the City of
Meridian and is owned by Mohammed Alidjani, 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
corner of East Carlton Street and 2 1/2 Street; the proposed use
of the property is to operate a church family worship center,
and a revival center.
3. That the property is located in the R-15 Residential
District, which requires a conditional use permit for the
operation of a church which is the use the application requests;
that the previous use was for school purposes.
4. That the R-15 Residential District is described in the
AMBROSE,
FITZGERALD
BCROOKSTON
Attorneys antl
Couneelora
I P.O. Box d2]
MsrlOlan, Idaho
BJBaP
TaleOhone 88&1181
Zoning Ordinance, 11-2-408 B. 3 as follows:
(R-15) MEDIUM HIGH DENSITY RESIDENTIAL
DISTRICT: The purpose of the (R-15)
District is to permit the establishment of
medium-high density single-family attached
and multi-family dwellings at a density not
exceeding fifteen (15) dwelling units per
acre. All such districts must have direct
access to a transportation arterial or
collector, abut or have direct access to a
park or open space corridor, and be
connected to the Municipal Water and Sewer
systems of the City of Meridian. The
predominant housing types in this district
will be patio homes, zero lot line single-
family dwellings, townhouses, apartment
buildings and condominiums.
5. That the use proposed by the Applicant is an
enumerated allowed conditional use in the R-15 Residential
District.
6. That the property to the west is proposed to be
developed as a post office; the property to the east is
residential; the property to the south is used residentially and
for church purposes; the property to the north is used
residentially.
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 entire parcel of property of which the
subject parcel has been is a part used in the past as a school
and the particular subject building was a cafeteria.
9. That the Applicant has submitted petitions signed by
at least 758 of the people owing property within 300 feet of the
property indicating their agproval of the use of the property as
requested by Applicant.
CONCLUSIONS
AM BROSE,
FIT2G ERALU
6 CROOKSTON
Attorneys snC
Counaelore
R.o. Bo. ~xT
MerlElan, IEeno
eaeez
Talsynone BBB1~81
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 and having obtained the consent of 75B 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 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.
AM BROSE,
FITZG ERALD
B CROOKSTON
Attomeya and
CAYneelWe
P.O. BoR 12y
MerlElen, ICeho
&1814
TslePhone 88&1181
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 R-15
Residential as contained in Section 11-2-408 B 3.
d. That from a zoning standpoint, the use should not
be hazardous nor should it be disturbing to existing
or future neighboring uses.
e. The property has sewer and water service
available.
f. The use would not create excessive additional
requirements at public cost for public facilities and
services and the use would not be detrimental to the
economic welfare of the community.
g. The use would not involve a use, activity,
process, material, equipment or conditions of
operation that would be detrimental to person,
property or the general welfare by reason of excessive
production of traffic or noise.
h. Sufficient parking for the property and the
proposed use must be provided.
i. The development and uses will not result in the
destruction, loss or damage of a natural or scenic
feature of major importance.
5. That comments were submitted by the Ada County Highway
District; that those comments shall not be a requirement for
issuance of the conditional use permit at this time.
6. That the adjacent school building, which is also owned
AM BROSE,
FITZG ERALO
B CROOKSTON
Allorneys and
('.0009810!!
P.O. Boa t2]
Meritllan, ItlaKo
83842
TelepKOlre BB&N81
by Mr. Alidjani must be made secure such that no persons, and
specifically children, may gain entrance or use the outside
stairway or fire escape; that this requirement must be
completed within 90 days of issuance of a conditional use
permit.
7. That all applicable fire, life safety, and building
codes must be met prior to occupancy.
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian Planning and Zoning Commission hereby adopts
AM BROSE,
PIT2GERAlO
B CROOKSTON
Attomaya antl
Couneeloro
P.O. Boz tP]
Merblen, Kano
8382
TsbpMne BB6N81
and approves these Findings of Fact and Conclusions.
ROLL CALL:
Commissioner Hepper
Commissioner Alidjani
Commissioner Rountree
Commissioner Shearer
Chairman Johnson (Tie Breaker)
Voted~~
Did not participate
Voted ~~
Voted~~
Voted~~
DECISION AND RECOMMENDATION
The Meridian Planning and Zoning Commission hereby
recommends to the City Council of the City of Meridian that they
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:
AM BROSE,
FITZOERALD
S CROOKSTON
Auomey6 and
Counselors
P.O. Bos I4]
Meridlaq Ideno
83814
Telephone 888~M81