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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