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1988 10-11 A G E N D A MERIDIAN PLANNING & ZONING OCTOBER 11, 1988 ITEM: MINUTES OF THE PREVIOUS MEETING HELD SEPTENIDER 13,1988: (APPROVID) 1: PUBLIC HEARING: CONDITIONAL USE PERMIT FOR I(JRIN & GAYLA ROSS: (APPROVAL BY CITY COUNCIL R]DID) 2: PUBLIC HEARING: ANNEXATION & ZONING REQUEST W'?CONDITIONAL USE PERMIT BY SEVENTH DAY ADVENTIST C'HURCfi: (APPROVAL BY CITY COUNCIL REC(~IDID) 3: PUBLIC ~'~R~G: PROPOSID AMINDMENTS TO THE COMPREHENSIVE PLAN: (FIIVDINGS TO BE PREPARID) MERIDIAN 4G & ZONING October 11 Regular Meeting of the Meridian Planning & Zoning Carntission called to order by Chairman Walt Morrow at 7:30 p.m.: Manbers Present: Moe Alidjani; Jim Johnson; Charles Rountree: Manbers Absent: Jim Shearer: Others Present: Loren & Gayla Ross, Rich Allison, Wayne Crookston, Laura Connors, Mr. & Mrs. Priest, Jim Miller: The Motion was made by Alidjani and seconded by Johnson to approve the Minutes of the previous Meeting held September 13, 1988 as written: Motion Carried: All Yea: Item $1: Public Hearing: Conditional Use Permit for Loren & Gayla Ross: Chairman Morrow: Is there saneone in the audience to represent this request, if so would you please cane forward and be sworn and advise the Caiiartission about your project. Loren Ross, 1383 Linderwood, Meridian, Mr. Ross was sworn by the City Attorney. Ross: We have owned this property for seventeen years, it has been residential rental, there are twv banes involved, the address of these properties is 50 & 52 East State, 52 is the one we are requesting the Conditional Use Permit for a used book store and a typing service which will be operated by us. There will be additional parking in place, in the category of a 1000 square feet, this will be off street parking, located to the rear of the property , will be paved, there will be cosmetic work done to make it more appealing, you have copies of the drawings that were sukgnitted. Alidjani: Will there be anybody living in this unit along with the business? Ross: No, the other unit will remain as a residence. Johnson: What is the definition of upscale? Ross: I guess to differentiate between what you normally see in used book stores, a quality approach. Johnson: Under our new program for Conditional Use Permits we are noticing people instead of collecting signatures? City Clerk: This just applies to the Old Town District. Johnson: We had no negative feedback? City Clerk: No. Ross: One thing, the remodel might take six months, is there a problem with this? Morrow: Once the permit is approved, the rarodel becanes an issue for the Building Department. MERIDIAN P & Z • OCPOBII2 11, 1988 PAGE # 2 • Chairman Morraa: I will now open the Public Hearing, is there anyone in the audience who wishes to offer testimony on this request? There was no response, the Public Hearing was closed. Are there any additional Garments or questions of the Carntission? There were none. Carmission Members you have Preliminary Findings of Fact and Conclusions, is there a Motion to approve these Findings? The Motion was made by Alidjani and seconded by Rountree that the Meridian Planning & Zoning Camtission hereby adopts and approves the Findings of Fact and Conclusions as prepared by the City Attorney: Notion Carried: Roll Call Vote: Alidjani, Yea: Johnson, Yea:Rountree, Yea: Morrow, Yea• The Motion was made by Rountree and seconded by Johnson that the Meridian Planning & Zoning Omission hereby recarer~nds to the City Council of the City of Meridian that they approve the Conditional Use Permit requested by the Applicants for the property described in the application: Notion Carried: All Yea: Item #2: Public Hearing: Request for Annexation & Zoning W/Conditional Use Permit~by the Seventh Day Church: Chariman Morrow: Is there saneone present to represent this request? If so would they please cane forward and state their name and address and be sworn by the City Attorney. Rich Allison, 1040 East Pine, Mr. Allison was sc~rorn by the City Attorney: Allison: The Seventh Day Adventist Church is requesting Annexation & Zoning of approximately five acres of property located at the NE corner of Ten Mile and Cherry Lane, the Church is also requesting a Conditional Use Permit on approximately 3 1/4 acres for a church location, the remaining property will be purchased by a sewnd party, myself, due to the nature and the way the property lays the saner prefers to sell the five acres as one parcel~ince it is surrounded by irrigation ditches on two sides. I have read the Garments as received, the only area that would require quite a bit of additional review and study mould be the sewer, if in fact adjacent owners, or nearby aaners to this property would be in agreanent to share in the costs we could possibily extend the sewer service. We would also have to have the cooperation of the caner of the property in Cherry Lane Village Subdivision that has not as yet been platted arrive at a route fran Turnberry Way to Ten Nlile Road. Rountree: What is going to happen to the additional parcel that is being split off? Allison: The additional parcel, I am going to purchase and I plan on building a have for myself on this property. City Attorney: In the Findings of Fact item #10 reflect that water & sewer are available, when I prepared these I did not have the Engineers ccnments so they will need to be amended to reflect the problem with the sewer, I did however incorporate the Engineers Garments assrmring they would be available by this hearing. Johnson: Item #10 states that the property can be serviced with water & sewer not that it is available, I would not think they would need changed. City Attorney: I guess it would be alright then as long as the reference is made to the Engineers Garments. MII2IDIAN P & Z ~ • OCTOBER 11, 1988 PAGE # 3 Chairman Nbrrow: I will now open the Public Hearing, is there anyone fran the audience who wishes to testify on this request? There was no response, the Public Hearing was closed. Are there any more cat[nPnts or questions of the Cacmission? There were none. Camtission N~~bers, you have Findings of Fact & Conclusions, is there a Notion to approve these Findings? The Motion was made by Rountree and seconded by Alidjani that the N~ridian Planning & Zoning Carmission hereby adopts and approves the Findings of Fact and Conclusions as prepared by the City Attorney on this request: Notion Carried: Roll Call Vote: Rountree, Yea: Johnson, Yea: Alidjani, Yea: Nbrrow, Yea: The Motion was made by Johnson and seconded by Alidjani that it is hereby recacmended to the City Council that the property should be annexed and zoned R-4 Residential and the Conditional Use Permit be granted under the conditions stated in the Findings of Fact and Conclusions and those investigated and set forth by the City Council. Notion Carried: All Yea: Item #3: Public Hearing: Proposed Amenchnexlts to the Canprehensive Plan: Chairman NY~rrow: I would ask the City Attorney to give a brief overview of what the proposed amendments are: City Attorney: The major cYkznge is to change the NE quadrant of I-84 and Meridian Road which is presently designated as regional shopping center site, the change is to change the designation fran that to a mixed use area to accanplish that we need to clkznge several items in the Canprehensive Plan, which would be the Policy Diagram sane text amendments throughout the Plan which reference the shopping center site, sane of the policies relating to development are changed, the other three quadrants are already mixed use areas, there has to be a change in the arterial transportation concept plan, the other changes are to the amendnent procedures as now stated in the Plan. Chairman Nbrrow: I will now open the Public Hearing, is there anyone in the audience who wishes to testify on this matter? There was no response, the Public Hearing was closed. Is there any questions or discussion fran the Canmission? There was none. I would then entertain a Motion for Findings. The Motion was made by Johnson and seconded by Rountree to have the City Attorney prepare Findings of Fact and Conclusions on these proposed amendments: Motion Carried: All Yea: The Notion was made by Alidjani and seconded by Rountree that the Findings of Fact and Conclusions show a favorable recamlendation to the City Council: Notion Carried: All Yea: Chairman Morrow: I will give the Commission a report on the meeting I attended of the Idaho Planning Association last week, the sessions I attended in terms of the courses were the Historic Preservation issue which was simply a tour of the Pocatella area they have a whole bunch of historic buildings, they want to perserve everything but it all has to cane fran government funds because the private sector is not willing to spend the monies it would take, they were all for that we are talking primarily MERIDIAN P & Z ~ • OCTOBER 11, 1988 PAGE # 4 about professional planners, the purpose of me going to this was to see if the City of Meridian ought to stay a member, probably is not going to hurt to stay a member for the fee involved. It gives us an opportunity to see what professional people are thinking. The second session I attended was the revenue allocation financing, probably the best thing from that conference that would apply to the City of Meridian, and basically it was incremental increases in the property tax simply if you take a piece of property and improve that property, you can finance the improved portion of that with the increases in tax revenue fran the property tax. The next. seminar was the hearing examiner system, it does not make a lot of sense for anyone to use that as it just prolongs the process. The last thing I attended was law and litigation in terms of planning esentially the most outstanding thing to cane from that is that basically that you can be sued for anything and there was a case in Idaho Falls that said that when you issue public notice in the paper of your hearings you should also mail out your mailings on that same date and apparently the City of Idaho Falls lost sane litigation because the tcw dates did not coincide, this might be snhhing for the Counselor to look into. That was the only great point that was brought up with the exception of civil rights apparently a large percentage of the land use cases that are brought and are successful have been brought under civil rights litigation. They had a panel discussion on Friday afternoon with the people in the audience discussing the problans they have with their local Planning & Zoning Carmissions and haaever they choose to do it.ESSentially the impression I had frem this session was the system that we have in the City of Meridian is probably quite candidly one of the best in the State of Idaho, it seems to be the most efficient, it sears to be the most objective, it seems to be the imst well run quite frankly in many other cases they have hearing examiners, they have boards of appeal, all of them yy~~eem rathe_*^_ bulkly, do not seen to get done what needs to be done in particulapthe City of Idaho Falls, apparently anybody serving on the P & Z Conmtission over th e are marked persons by and large the general gist I got fran attending this conference was that there seems to be a conflict between professional planners and elected officials. It seems to me that the general impression that the planners have is that no one should be responsible to the electoral and that planning and zoning more or less ought to be a function of the textbook as opposed to what the realities are, based on that it seems to me that we ought to remain a n~iber, we probably ought to attend the annual meeting, beyond that I do not think we ought to extend our involy- ment in the association very much. I think the City is to be congratulated on the way it handles things, it is obvious it is far better than other pfces and the other thing is I think that probably based on what I saw there is the closer we can keep the system that we have to the general public and to the citizens that we work for the better off we are meaning simply that we do not want to get into the position of anploying professional planners. Being no further business to cane before the CalTCL1SSlOn the Motion was made by Rountree and seconded by Johnson to adjourn at 8:07 p.m.: Notion Carried: All Yea: (TAPE ON FILE OF THESE PROCEIDINGS) ATTEST: l e~.'° ~ /m~~--~ ~. J ck~Niemann City Clerk APPROVED: ~,~ ~ 12~2~'l~iJ 1AL~ BORROW RMAN BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION LOREN AND GAYLE ROSS CONDITIONAL USE PERMIT 52 EAST STATE STREET MERIDIAN, IDAHO AMBROSE, FITZGERALD 6 CROOKSTON Allomeye entl Cooneelore P.O. SoM 1Y7 Msritllen, ItlNo B3BeP TelsDlwne 888JM1 PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing October 11, 1988, at the hour of 7:3C o'clock p.m., the Petitioners appearing in person, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter, but not having heard public comments, ~' makes the following Preliminary 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 October 11, 1988, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the October 11, 1988 hearing; that the public will be 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 Petitioners, and is described in the application as Lots 11 and 12 and Lot 13 except the East 15 feet thereof, all in Block 6, F.A. Nourses 2nd Addition to Meridian, Ada County, Idaho; the property is known by the address 52 East State Street, Meridian, Idaho; the proposed use of the property is to operate an upscale used book business, typing service, notary public and copy service. 3. That the property is located in OLD TOWN District, which requires a conditional use permit for the operation of a business which is the use the application requests; that such use is a commercial use; that the previous use was residential. 4. 'Phat the OLD TOWN (OT) District is described in the Zoning Ordinance, 11-2-408 B. 9 as follows: (O-T) OLD TOWN DISTRICT: The purpose of the (O-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. AMBROSE, FITZGERALD 6CROOKSTON Attomeye AnE DOYlIONOR P.0.6ox/Z7 MN1616n,WYlo 87612 Tel~plwns 686/161 5. That the use proposed by Applicants is not an enumerated allowed conditional use in the OLD TOWN (OT) District j • • AMBROSE, FIRGERALO d CROOKSTON A1lomeys ~n0 GounealDro P.O. Boy ~T MNIUIan,IGNo B3MY TslsDhone BB&1N7 but is similar to the allowed conditional uses of accounting services, retail stores, and professional offices. 6. That the property to the west is developed residentially; the property to the east is commercial; the property to the south is used residentially and a conditional use photography studio; 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 property has been used in the past as a rental for residential purposes. 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 approval of the use of the property as requested by Applicant. CONCLiJSI ONS 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 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 Y I • • AMBROSE, FIRGERAID B CROOKSTON Allomsys YM Cwnwkxs P.O. Bov 1pT A/arI61N,I6N0 B8M8 T1lpigne 88&1161 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, Zdaho; 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 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, such being designated as set forth in the definition of OLD TOWN as contained in Section 11-2-408 B 9. d. That 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. AMBROSE, FITZGERALD d CROOKSTON AuomeYS.nO Counwbrs P.O. BOa X37 MMOIAn, WYq B3M4 TNap~ona BB&/M1 5. That since these findings and conclusions are preliminary, if there is public comment objecting to the use, these findings and conclusions may be amended. 6. That it is concluded that since 11-2-408 B OLD TOWN does allow development under a permit if it is not specifically permitted and since 11-2-407 D 3 does recognize that prior uses may be continued with Council approval, that the use proposed by I the Applicant should receive a recommendation of approval subject to the City Council approval and review. 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 Alidjani Voted iri;''" -.-- Commissioner Johnson Voted ~7r%r Commissioner Rountree Voted`je~- Commissioner Shearer Votedl,f `~;-~~~ Chairman Morrow (Tie Breaker) Voted `~-'~~~ DECISION AND RECOMMENDATION AMBROSE, FITZGERAID d CROOKSTON Auomsys nW CoonMlors P.O. Boa 137 MxIAIN, IONO B7B~Y TeNp~oiN BlNM1 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 Applicants for the property described in the application. EMOTION: APPROVED: /~'~%' DISAPPROVED: AMBROSE, FITZGERALD 6 CROONSTON Atlomeys anU Counselan P.O. Box 127 MarblN, INIa 83612 TebpBOM BB6-1161 BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION 7TH DAY ADVENTIST CHURCH ANNEXATION, ZONING, AND CONDITIONAL USE PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS The above entitled annexation, zoning and conditional use application having come on for consideration on October 11, 1988, at approximatley 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 applicant appearing and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of the public hearing on the annexation, zoning and conditional use was published for two (2) consecutive weeks prior to the said public hearing scheduled for October 11, 1988, the first publication of which was 15 days prior to said hearing; that the matter was duly considered at the October 11, 1988 hearing; that copies of all notices were made available to newspaper, radio and television stations. 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 five (5) acres in size; it is bound on the South by Cherry Lane, on the North by farm ground, on the West by Ten Mile Road, and, on the East by farm ground; access to AMBROSE, FRZOERALD d CROOKSTON AIIOTeye enE Coonselon P.O. Boy t3T MerlElen, IUNo 87N2 TelepROns BB&N81 the property could be from Cherry Lane or from Ten Mile Road; there is residential property to the west across Ten Mile Road. 3. The property is presently zoned by the county as AP-2, Agricultural Preservation and the present use is farm ground; the Applicant is requesting annexation and zoning of R-4 Residential with a conditional use for a church on 3.25 acres and a residence on 1.5 acres. 4. That the property is adjacent and abutting to the present City limits. 5. The owner of the property is Joan P. Priest, personal representative of the Davidson Estate and she has consented to the Application. 6. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 7. That the entire 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; that the property is in the Cherry Lane Neighborhood as designated on the Policy Diagram contained in the Comprehensive Plan. 8. That the proposed use of the property is for a church land residence. 9. That if the land were annexed at this time the City would be obligated to provide, at a minimum, police and fire protection services. 10. That the property can be serviced with City water and sewer. 11, That the Applicant did submit a request for a conditional use for developement as a church. 12. That there was no testimony from the public objecting to the Application. 13. Ada County Highway District and the Department of Health may submit comments and such will be incorporated herein as if set forth in full. 14. That the Central District Health Department may submit comments which will be incorporated herein as if set forth in full. 15. That the City Engineer may submit comments which will be incorporated herein as if set forth in full. 16. That the R-4 zone is described in the Zoning Ordinance 11-2-408 B.1. as follows: (R-4) Low Density Residential District: The purpose of the (R-4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominately residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of in- compatible non-residential uses. The (R-4) District allows for a maximum of four (4) dwelling units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian. AMBiIOSE. flTZGERAlO d CROOKSTON AnWrroys ulE CounNlon P.O. BOt ~1T MlnUlAn,bYro BJNI TsNpIroN BBSIMt 17. That Section 11-2-409 B provides that churches are allowed conditional uses in the R-4 zone. 18. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been given and met. 19. That the Applicant has submitted petitions signed by at least 758 of the people owning property within 300 feet of the external boundaries of the property indicating their approval of the property as requested by the Applicant. CONCLUSIONS 1. That the City has authority to annex land pursuant to 50-222, Idaho Code and authority to grant conditional uses pursuant to b7-6512, Idaho Code and Section 11-2-418(D) of the Revised and Compiled Ordinances of the City of Meridian; that ', exercise of the City's annexation authority is a Legislative (function. AMSROSE, FITZGEMLD 6CROOKSTON Atmmsy, arM CounNMn P.O. Soy ~YT MNWI~n, qNo SeM2 TslpMna SB&Ilei 2. That the Planning and Zoning Commission has judged this annexation, zoning and conditional use application by the guidelines, standards, criteria, and policies contained in Section 50-222; Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, Meridian Comprehensive Plan as amended February 19, 1985, and the record submitted to it and things of which it can take judicial notice. 3. 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 complied with. 4. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. I 5. 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. 6. That the annexation application has been initiated by the Applicant, with consent of the owner, and the annexation is not upon the initiation of the City of Meridian. 7. That since the annexation and zoning of land is a legislative function the City has authority to place conditions upon the annexation of land and 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 Section 11-2-418(D) of the City Zoning Ordinances. 8. 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: AMBBOSE. FITZGEBALD B CROOKSTON Attomays eIM CounNbro G.O. Bov 1YT MenBlen, Wello 88812 Telephone 8881181 a. The use, would in fact, constitute 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 same. 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 should not be hazardous nor should it be disturbing to existing or future neighboring uses. e. The property has water and sewer 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 invovle 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. 9. That the development of annexed land must meet and AMBRO8E, F1T2GERALD 6 CROOKBTON AROmaye en0 CAVIIIeWfe P.O. BOx 12] Msrlolen, IENo BJ812 TslePlwne 88&1161 comply with the Ordinances of particular Section 11-9-616 which the City of Meridian and in pertains to development time AMBROSE, FIRGERALD 6 CROOKSTON AtlOmays Lb CounsNOn P.O. BO>t ~2T MMWISn, NINo 8J612 T~IaWion~SSB1~0/ schedules and requirements; that the applicant shall be required to connect to Meridian water and sewer; that the property will be subject to Site Planning Review. 10. That proper and adequate access to the property is available but will have to be improved to allow the proposed development. 11. That it is concluded that the annexation, zoning and conditional use would be in the best interests of the City of Meridian. 12. Therefore, based on the Application, the testimony and evidence, these Findings 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 and the conditional use granted; that the conditions should be those stated above and upon issuance of final platting or issuance of a building permit and other conditions to be explored at the City Council level; that such annexation would be orderly developement and reasonable if the conditions are met. 13. That due to the fact that these findings and conclusions were prepared prior to hearing they may have to be altered, changed or amended after the hearing. 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 Rountree Commissioner Shearer ' Commissioner Johnson Commissioner Alidjani Chairman Morrow VotedL ~'~ Voted Cc^~ Voted c~ Voted y~y Voted 1'~, ec~ RECOMMENDATION AMBROSE, FITZGERALD Q CROOKSTON Atlomsys AnC Counsslon P.O. Box /27 MNW W, Wtlto 83Mt Telpltons~tlt It is hereby recommended to the City Council that the property should be annexed and zoned R-4 Residential and the conditonal use be granted under the conditions stated hereinabove and those investigated and set forth by the City Council. MOTION: t APPROVED ~~` v~~'y DISAPPROVED i BFIFORE THE MERIDIAN PLANNING AND ZONING COMMISSION CI'PY OF MERIDIAN'S APPLICATION TO AMEND THE MERIDIAN COMPREHENSIVE PLAN FINDINGS OF FACT AND CONCLUSIONS AMBROSE, PITZGERALO d CROOKSTON Atlonro,saM CounNlon P.O. Boz 12] MMOISn,10No 89812 TNSpIwM B8&IM1 The above entitled application to amend the Meridian ,Comprehensive Plan having come on for public hearing on October x!11, 1988, at 7:30 o'clock p.m., and the Planning and Zoning Commission having heard any and all testimony that was submitted, including judicial knowledge, and including its knowledge of existing plans and conditional use applications for the area under consideration and having duly considered all the evidence, officially noticed evidence and the facts of the Comprehensive Plan itself, the Local Planning Act of 1975, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That the Application was submitted by the Planning and Zoning Commission and is an amendment proposed by the commission. 2. That the specific property involved is in the Northeast Quadrant of the I 84 Interchange at the Kuna/Meridian Road. That there are other changes being requested which do not relate to any specific parcel of property, but are text amendments; that the Application by the Planning and Zoning Commission to amend the Meridian Comprehensive Plan is hereby incorporated herein as if set forth in full. ' 3. That the specific parcel of property to which the Application applies is contained within Meridian's Area of Impact and is in the City limits of the City of Meridian. 4. That the land to which this amendment speaks specifically is designated in the Meridian Comprehensive Plan presently as a site for a Regional Shopping Center; that the land is presently zoned by the Meridian Zoning and Development (Ordinance as C-G, General Retail and Service Commercial. AMBROBE, FITZGERALD 6 CROOKSTON Allomsys end Counselors P.O. Box ~R7 MerblN, IWlro B3M2 Telepllorro 8B8-NEI 5. That the specific property to which the Application deals is bounded on the North by the Meridian Speedway and the Meridian City Park and undeveloped property; on the East the property is bounded by farmland; on the South the property is bounded by the Interstate and commercially developed property and pasture land and farm ground; on the West the property is bounded by Meridian/Kuna Highway and on the other side of the highway is property zoned commercial and residences and property developed commercially. 6. That there has been developed in the City of Boise a Regional Shopping Center; that a Regional Shopping Center has very little likelihood, if any, of being developed at the location of this specific parcel involved in the Application; that a Conditional Use and Zoning Application to develop the property as a Planned Unit Development/General has been submitted by the owner of the property and is being processed at this time i by the City of Meridian and has been recommended to be approved by the Planning and Zoning Commission. 7. That the Meridian Policy Diagram on Page 7 of the Comprehensive Plan designates the Northwest and the Southwest and the Southeast Quadrants of the Intersection of I 84 and Meridian/KUna Road as Mixed-Use areas. 8. That the Application requests that the specific area of land to which the Application pertains be designated as Mixed-Use, the same as the other three Quadrants of the Intersection. 9. That Mixed-Use Review Areas are dealt with at Page 14 under Economic Development of the Meridian Comprehensive Plan where it states as follows: AMBROSE, FITZGERALO B CROOKSTON Attorneys bM CoonMlas P.O. Bow t2] MerWIAn, IEYIO BJ617 T~ISpoorH BBB~Nl1 "MIXED-USE REVIEW AREAS--Mixed-Use is a general planning category which refers to the cordinated development of two or more major uses as a part of a single project, such as speciality retail-commercial, higher density residential, offices, motels, industrial, service commercial, and public and semi-public uses. As per the policy diagram, three areas have been designated for Mixed-Uses. The development of mixed-uses and compatible land uses should be carefully guided through specific project plans." lU. That the City of Meridian has applied for and received AMBROSE, F172GERALD 6 CROOKSTON AttorMye anC CouneNOre F.G. BOY I17 MNWIN, klYw !]M2 ialpNmeBBNMt an Economic Development Block Grant to provide sewer, water, curbs, gutters and streets within a portion of the specific area under consideration and the owner of the property has proposed to develope the property as a business, technological, and industrial park, with commercial endeavors also. That the City is therefore aware of development proposals and plans for at least a portion of the area. 11. That there are text amendments as part of the Application to change the Regional Shopping Center designation at this location under consideration to reflect that it would be a Mixed-Use Review Area. 12. That the Application has been processed under the current Amendment Provision and Procedures that the Plan has set forth on Pages 54, 55, and 56 of the Plan. 13. Pursuant to the Amendment Provision and Procedures of the Plan the Application was found to merit further study after the requiste duly public hearing was held. 14. The Application itself was found to meet the requirements of the Amendment Provisions and Procedures. 15. Subsequent to the determination that the Application merited further study the Commission held a duly noticed public hearing on October 11, 1988, as required by Title 67, Chapter 65, Idaho Code, and the Meridian Comprehensive Plan; that no changes have been made in the Application since it was submitted. 16. The Applicants reason why the Plan should be amended are stated in the Findings hereafter below. 17. That the Application in general terms request that the specific parcel under consideration be identified and designated in the Plan as a Mixed-Use Review Area. The Application also amends the Amendment Procedures and Provisions so that the Comprehensive Plan can be amended every six months without regard to specific dates in October and April. 18. The reasons why the Plan should be amended are stated in the Application as being the fact that a Regional Shopping Center has been developed in Boise and it is highly improbable that an additional Regional Shopping Center would be built at the subject property, and the present amendment procedure is cumbersome, in that, it only allows amendment to the Comprehensive Plan in April and October, even though a previous amendment might have been more than six months prior to that time. 19. That the Plan in dealing with economic and industrial and commercial policies states as follows: INTERCHANGE DEVELOPMENT: Meridian is encouraging the development of interchange access and commercial and industrial development at interchange accesses. The location where access and development are encouraged are at Ten Mile Road, Meridian Road, Locust Grove Road, and Eagle Road. AMBROSE, FIRGEHALD B CROOKSTON ANOmeYe ua Counselor P.O. BoM ~T MMUIen, IOel~o 8J8/Y TaleP~one 88B-~N1 AMBROSE, FIROERALD 6 CROOKSTON AttolMy! tl10 Cou~WOn P.O. eaz 127 MMOI~n, kYq l~EA2 T~NgwM BBBdMt ECONOMIC POLICIES: 1) The City of Meridian shall make every effort to create a positive atmosphere which encourages industrial and commercial enterprises to locate in the City of Meridian. 2) It is the policy of the City of Meridian to set aside areas where commercial and industrial interests and activities are to dominate. 5) Stripping of industrial and commercial uses are not in compliance with the Comprehensive Plan. 10) New commercial development should consolidate access points, on site parking and internal vehicle circulation, and where possible existing commercial development should be encouraged to consolidate. INDUSTRIAL POLICIES: 2> Industrial development within the City limits should receive the highest priority. 5) Access to industrial areas from collector and local streets should be discouraged. 7) Industrial development should not be located adjacent to primary and secondary schools. 9) Industrial development should not be encouraged to locate adjacent to existing industrial uses. 10> Industrial areas should be located within proximity to major utility, transportation, and service facilities. 14) Industrial areas should be located where adequate water supply and water pressure are available for fire protection. 15) Zoning and development within each of the industrial review areas should be analyzed to ascertain if there are potential problems or conflicts which would hinder the development of these areas by private, industrial and business interests. 20. Under Commercial Activity Areas, the Comprehensive Plan identifies Mixed-Use Review Areas, of which the area under consideration would become one; that existing policies already in place which are relevant to the Application are as follows: "MI%ED-USE AREAS BETWEEN I 84 AND OVERLAND ROAD: Both AMBROSE, PIT2GERA~D B CROOKSTON Allornsys na Counwlorc P.O. BoM l27 MMOI~n,MMO &Y13 TMpIgM BBNMI areas are unique in that they are surrounded by arterials, immediatley adjacent to the freeway, are relatively level in topography, have a distinct linear shape, and are greatly affected by contiguous industrial, residential, and commercial land uses. In order that compatible land uses and efficient use of the land might occur, special plans should be formulated for both areas. Probable mixed-uses for the areas could be service commercial, combined higher and medium density residential, open space uses, (as a means to buffer highway noise), motels, and industrial. AMBROBE. FIRGERALO d CROOKBTON Allomsys and Counaslols P.O. BOa 177 MxMIAn, 18Ya 898/7 TslsplaM BBB~I61 POLICIES 1) Development of a variety of compatible land uses should be provided in specific plans and proposals for the future development of both Mixed-Use Review Areas." 21. Under the housing component of the Meridian Comprehensive Plan, under the policies at Page 26 it states as follows: "Every effort shall be made by the City of Meridian to encourage commercial and industrial growth and development which furthers employment and economic self sufficiency and reduces Meridian's present reliance on Boise's Metropolitan economic and employment center." 22, That the Local Planning Act of 1975 indicates in Section 67-6508 that the Plan should be based on the following nents: Population, Economic Development, Land Use, Natural Resources, Hazadrous Areas, Public Services, Facilities, and Utilities, Transportation, Recreation, Special Areas or Sites, Housing, Housing Design, and Implementation. 23. That the Application only addresses economic development and land use. That economic development is spoken to in the Application by the change of Regional Shopping Center Plans and the construction of a Regional Shopping Center in Boise and the development of a Business and Industrial Park through a Planned Unit Development. 24. The land use portion of the Comprehensive Plan components is addressed in the mere fact that there would be a change of use of the property from a Regional Shopping Center to an Industrial and Business Park. 25. That the Application would delete the Northeast Quadrant of the Intersection of I 84 and Meridian/Kuna Road as a Regional Shopping Center, however, there would still be a designation in the Comprehensive Plan for a Regional Shopping Center located at the Northeast Quadrant of the Intersection of Eagle Road and I 84. AMBROSE. FfTZOERAlO d CROOKSTON Altornay~ulE CounMIM P.O. BoM ~Y7 MMMIMI, IEYro 61Mt T~bpMMBBM~B1 26. That although reference to the below may inferentially be stated in other findings, the following goals, polices and objectives of the Meridian Comprehensive Plan are specifically noted. "GOAL 3: To encourage the kind of economic growth and development which supplies employment and economic self- sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. GOAL 8: To establish compatible and efficient use of land through the use of inovative and functional site design. The following land use activites are not in compliance with basic goals and objectives of the Comprehensive Plan; a) polluting industries, b) strip commercial and strip industrial; ..." 27. The following statements of the Meridian Comprehensive AMBROSE, F1T2GERALD B CROONSTON Attorneys ~nE Counaelwe P.O. Boa t2T MxlAlen, IENo BJ612 Tslapiione BBBJe81 Plan are noted: "Forward: The Comprehensive Plan is primarily a policy document identifying policies to guide future development within and outside of the City of Meridian. The Comprehensive Plan is recognizably the primary step in identifying the quality of life the City residents desire and relating goals to its capacity to achieve particular end results. It was developed with a broad base of community-wide citizen input and is both sensitive to the changing needs of the community and AMBROSE, FITZGERAlO d CROOKSTON AHOmeys enE CounNlon P.O. Box t2] MNIGIan, Malro 87612 TMpHpKl888-U81 recognizes a commitment to preserve the values identified by the City residents. NATORE OF THE COMPREHENSIVE PLAN: A Comprehensive Plan is an official document, adopted by local governments and public agencies, which serves as a policy guide for decisions concerning the physical development of a com- munity. It indicates, in a general way, how the community may develop in the next 20 to 30 years. The essential characteristics of the Comprehensive Plan are that it is comprehensive, general, long-range and represents a process---not a product. Comprehensive means that the plan encompasses all areas of the com- munity and all functional elements which bear on physical development. General means that the plan summarizes policies and proposals and does not develop detailed site plans. Long_range means that the plan looks beyond the pressing current issues toward the aspect of problems which the community may face in the future. Finally, as a process (not a product), the Comprehensive Plan is an ongoing process for directing change that occurs inevitably in a community---not a document that is written once, for all time. ECONOMIC POLICIES: 1. The City of Meridian shall make every effort to create a positive atmosphere which encourages industrial and com- mercial enterprises to locate in Meridian. 2. It is the policy of the City of Meridian to set aside areas where commercial and industrial interest and activities are to dominate. 4. Positive programs should be undertaken to support existing industrial and commercial areas to ensure their continued vitality, such as: (c) Zoning changes to assure desired economic development. 8. The City of Meridian intends to establish Commercial Development Design Guides which: (a) Provide for the grouping of commercial buildings on a single parcel of land in such a manner as to create a harmonious, efficient and covenient retail shopping environment. AMBROSE, FITZGERALD d CROOKSTON Atlomeye NE Couneelore I v.o. So: exT M.nalan, la.no ex~z rel.onoReeeB~ei POLICY DIAGRAM: With the anticipation of growth and development pressures during the next decade, the Comprehensive Plan summarizes the potential distributions of land use activities within the Urban Service Planning Area that are based upon policy recommendations. The Policy Diagram attempts to make general designations of appropriate and compatible land use, expresses the ultimate growth of the Meridian community if all the land were developed, and provides a flexible framework for further detailed land use decisions. AMBROSE, FIRGERALD 6 CROOKSTON Attomsys mE COUfINIMO P.O. Bov ~I7 MMOWy MMq B]M2 Tslsp~ons ll~bt The Policy Diagram is to be used as a general guide for land use decision making---not as a legalistic, literal and definitive map. As applications and proposals of land uses are submitted, the Policy Diagram is not intended to be used as the sole, authoritative means for decision-making. Rather, it is but one of the many tools which are available for public officials as they exercise their responsibility regarding the health, safety and welfare of the general public. COMPREHENSIVE PLAN REVIEW: If the Comprehensive Plan is to be useful and effective, it should not be filed away but should be continually reviewed and updated. The recommendations within the Comprehensive Plan should not be interpreted as unalterable commitments, but rather as a reflection of the best foreseeable directon at a given point in time. It is recommended by the Meridian Planning and Zoning Commission that at least a yearly review shall be held of the Comprehensive Plan to update and/or reaffirm the Plan to fit the changing needs as well as unforeseen planning problems and opportunities." gMBROSE, FITZGERALD 6 CROOKSTON Attomeya en0 Counseton P.O. Boz ~Y] Meri0len, IUNo BJ613 TsleOnoM BBM/E1 28. That there was no testimony submitted adverse to the granting of the Application. CONCLOSIONS 1. That the procedural requirements of the Meridian Comprehensive Plan, hereafter referred to as the "Plan", and of the Local Planning Act, Title 67, Chapter 65, Idaho Code, including all notice and hearing requirements have been met; that the Planning and Zoning Commission has authority to amend the Comprehensive Plan. 2. That the Application was initiated by the Planning and Zoning Commission and not by any individual or private entity. 3. That the Commission may take judicial or official notice of existing conditions in the City, County and State, and of governmental actions, policies and ordinances and of its own prior findings in other land use Applications and those of the City Council. 4. That the function of adopting, amending, or repealing a AMBROSE, FITZGERALO 6 CROOI(STON Altomeye snE Counselors P.O. Bos sYT Ma101en, 109110 87MY Tsleplloru BBB~eEt Comprehensive Plan is a legislative function. Burt vs The City of Idaho Falls, 105 Idaho 65, 665 P.2d 1075 (1983). That even though this is a legislative function, the Local Planning Act requires that Findings of Fact and Conclusions be made for any Application provided for in the Act. 5. That the Application itself is concluded to meet the requirements of the Amendment Provision and Procedures of the Plan; that it is concluded that the Application does not affect all components of the Comprehensive Plan and therefore those components other than land use and economic development are concluded not be be relevant to this Application. 6. That it was previously concluded in prior Comprehensive Plan Amendments that the Plan can be amended to reflect "Good Planning" and the desires and goals of the citizens and the City Council and the Planning and Zoning Commission, as the citizens representatives. 7. That the Plan is what it says it is. It is a Plan. The portions of the Plan set forth in Finding Number 27 reflect that the Plan "Summarizes Polices and Proposals and does not develope detailed site plans". The comment to the Policy Diagram indicates that the Diagram "is to be used as a general guide for land use ', decision-making, not as a legalistic or literal and definitive I! map". The Plan therefore should be liberally construed but still maintained as the functional guideline for land use decisions; i.e., the Plan policies a.nd objectives cannot be willing AMBROSE, FIT2GERALD 60ROOKSTON Attomsys 1n0 DounNlors P.O. BOx 12] MMCISn, Itl111o 83612 TNp6ona B661M1 disregarded when there is an apparent conflict between the Plan and the proposed use. The City has the duty to continually plan; that the Commission treats amendments proposed either by private entities or the City itself as part of the planning duty and function. S. That there has been a significant change in the area warranting a change in the Comprehensive Plan; that change is the fact that a Regional Shopping Center has been constructed in Boise and it is concluded to be very unlikely that an additional one will be constructed at the specific site location dealt with in the Application. 9. That since the Local Land Use Planning Act requires the City to consider several components in developing a Comprehensive Plan, it is felt that the impact an amendent would have on those components must likewise be examined or at least there must be an examination of the components affected by the Amendment. That it is therefore concluded that a business industrial park developed at the specific location would meet the general policies of the Plan regarding economic development. The Plan indicates that every effort should be made to encourage industrial and commercial enterprises to locate in Meridian, and that areas should be set aside where commercial and industrial activities are to dominate. The proposed development, a planned unit development, if developed would add jobs, both during construction and upon operation. It would tend to reduce the need to commute to neighboring cities. It would add to the property tax pace. That regarding land use, the proposed development at the specific location would not create strip commercial, That it has previously been concluded that the other components required to be reviewed upon adoption or amendment of a Comprehensive Plan are not relevant and therefore have not been considered. 10. That one of the major themes, if not the most prominent theme, of the Plan is that Meridian wants growth and development which is orderly and balanced. This is evidenced by the Plan at Page 2 where it states: "The goals and objectives and policies herein expressed underlie and shape the character and orientation of Meridian's Comprehensive Plan. They deal with the three major concerns of the people of Meridian: 1. Orderly growth and development; 2. Economic growth and balance; and AMBROSE, FITZOERALD Q CROOKSTON Attonroys ~nE Cqunwlon P.O. Boz 1Y7 MMOISn, IEYq B~61Y TANPAwia BBNM1 3. Improvement of the quality of life." AMBROBE, FITZGERALD 6 CROOK3TON Allomsys YM CounNlore P.O. Bow ~] MMUIen, MMa 88M2 T~bp~ons BBB~NE/ 11. That throughout the Plan the theme and desire for economic growth and jobs and self sufficiency is repeated. That it is concluded that a business and industrial park would add to the growth and development of the City of Meridian. 12. That the Commission concludes that the facts presented by the Applicant and the officially noticed facts are sufficient to amend the Plan; that the facts, particularly that there has been a Regional Shopping Center developed in Boise and it is unlikely that one will be developed at the subject site, are sufficient reasons to amend the Plan. 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 Rountree Voted Commissioner Shearer Voted Commissioner Johnson Voted ~' ~~~~ Commissioner Alidjani Voted G~ec Chairman Morrow (Tie Breaker) Voted RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council that the Planning and Zoning Commission's proposed Amendments to the Meridian Comprehensive Plan should be approved and adopted. MOTION: APPROVED~~~ lQ~__ DISAPPROVED__ _ AMBROSE, PI7ZGERAID B CROOKSTON Attorrwys sn0 Counselors P.O. Bos a27 Merblsn,ltls~o B'lB/4 TalspMme 888-/N1 PLANNING AND ZONING COMMISSION'S APPLICATION TO AMEND THE MERIDIAN COMPREHENSIVE PLAN AMBROSE, FITZGEMID l CNOOI(STON AtlorMy~YM Cd1~IMbl~ v.o.9o. ~ uwaw~. MWo aerx TM~FIwrN6N61 The Planning and Zoning Commission hereby applies to itself and to the Meridian City Council for amendments to the Meridian Comprehensive Plan. This Application is submitted pursuant to the Amendment Provision and Procedures of the Plan at page 54 thereof and pursuant to Title 67, Chapter 65, Idaho Code, known as the Local Planning Act of 1975. In support Commission submits the following: 1. The changes being requested are under paragraph number 8. of the Application the hereinafter set forth 2. The specific property involved is the northeast quadrant of the I-84 interchange at the Runa/Meridian Road. Other changes are being requested which do not relate to any specific parcel of property but are text amendments. 3. The condition and situation which warrants the change in the Plan is that a regional shopping mall is being developed in Boise; the specific area has potential for multiple uses; the other three quadrants of the interchange are already designated in the Plan as mixed use areas; that the City has applied for an Economic Development Block Grant to aid in the construction of water lines and other services to the area; and mixed development is likely to occur in the area and the City is aware of development proposals and plans for at least a portion of the area. As far as the changes which do not relate to the specific land, the changes are to correct clerical mistakes and to make the plan's amendment procedures less onerous and to facilitate ease of amendment and still meet the requirements of 67-6509, Idaho Code. 4. The need and benefit for the amendment is to recognize that it is likely that in the forseeable future another regional shopping mall would not be constructed and it would be beneficial to the City in general to have the property in the northeast quadrant capable of being developed in a fashion other than as a regional shopping center. As far as the text amendments are concerned the need and benefit is to correct clerical errors and ease restrictions, somewhat, in the timetable for amendments. 5. There is no documentation that no other solutions to the problem presented by current policy of the Plan are possible or reasonable; however, it can be assumed that since a regional mall is almost completed in Boise, that it is likely that there is no need to maintain a designation for such a site in the Comprehensive Plan of Meridian. 6. The development intentions are not specifically known by the Commission at this time, but due to presentations for the Economic Development Block Grant the Commission is aware that Computrol is desireous of locating a manufacturing, processing, warehouse and distribution facility in the area and that the owner of some of the property is desireous of developing other land in the area for use by commercial and industrial users. 7. The major reason for the proposed amendment is to recognize the fact that a regional mall is unlikely to be coming to the northeast quadrant and there is therefore no need to designate the site for such use. The amendment would probably benefit the owners of land in the quadrant as it would allow several uses in the area; it is not believed to hurt any person or entity; the change would not seem to cost anyone anything. 8. The specific proposed amendments are as follows: PLAN AMENDMENTS 1. p. 7. MERIDIAN POLICY DIAGRAM Delete the Regional Shopping Center designation from the Northeast quadrant of .Meridian-RUna Road I-84 Interchange and designate that area as a mixed use review area. 2. p. 14. In the last line of the page, which reads "Policy Diagram, three areas have been designated for mixed use. The develop-", change the word "three" to "certain" so the line would read as follows: "Policy Diagram, certain areas have been designated for mixed use. The develop--" AMBROSE, FRZ(iERALD I C1100KSTON AROmq~ r~E Counrlon F.O.lm X27 Ywgln, IOYa ~tM2 T lMOI 3. p. 16. In 8 d., second line of the paragraph, change the second word from "to" to "so". 4. p. 19. Under Regional Shopping Center, fourth line, delete the following language: " in the northeast quadrant of the I-84/Runa Meridian Road interchange and" 5. p. 20. Under Regional Shopping Center, last sentence of the paragraph, delete the entire sentence and replace with the following sentence: "Therefore, Meridian is encouraging the develop- ment of a regional shopping center near the Eagle Road/Interstate 84 Intersection in the northeast quadrant. 6. p. 20. Under Policies, paragraph 1, delete the entire paragraph and replace it with the following: 1. It is the policy of the City of Meridian to encourage and support the development of a Regional Shopping Center at the site listed above. 7. p. 21. Mixed-Use Review Areas a. Change the first sentence which reads as follows "The Comprehensive Plan identifies three Mixed-Use Review Areas: "to the following sentence. "The Comphrensive Plan identifies the following Mixed-Use Review Areas:" b. After the last mixed use review area is defined insert the following definition of a new mixed use review area, as follows: "THE AREA EAST OF RUNA/MERIDIAN ROAD, NORTH OF I-84 AND SOUTH OF THE MERIDIAN SPEEDWAY AND STOREY PARK.(See Policy Diagram. P. 7.) 8. p. 23. Insert the following language after paragraph numbered 4. and prior to HOUSING DEVELOPMENT, which language shall read as follows: "MIXED-USE REVIEW AREA EAST OF RUNA/MERIDIAN AMBBOBE, FlTZOEMLD \CBOO"STON 11"aMY~anO Counrlon v.o. Bo. ~ wnein. Mono as~x twpwrw~n POLICIES 1. it is the policy of the City of Meridian to encourage and promote the further development of the Meridian Road/I-84 Interchange into a full diamond or clover leaf interchange. 2. The City shall encourage the development of commercial, industrial, and technological uses in this area and, even though the area is a mixed use, residential uses shall be discouraged. 3. Develpment should be conducted under Planned Unit Development Procedures and as conditional uses, especially when two or more differing uses are contemplated. 4. The character, site improvements, and type of development should be harmonized with pre viously developed land in the area and, where located adjacent to or near any existing residence or residential area, shall be harmonized with residential uses and all reasonable efforts shall be made to reduce the environmental impact on residential areas, including noise reduction, traffic routes, air and water pollution. 5. Strip Development along the arterial and col- lector streets included within this mixed-use area is not in compliance with the goals, ob- jections and policies of the Comprehensive Plan. 6. Clustering of uses and controlled vehicular access points along arterials and collector streets should be encouraged." w"~asE, F11RiEMlD t Cl1001(STON 111ipMy, YM Cawiwlon 9. p. 32. Arterial Transportation Concept Plan. Delete the Regional Shopping asterik (*) located in the northeast quadrant of the intersection of Runa- Meridian Road and I-84 from the Concept Plan. 10. p. 34.Paragraph 8. which reads "The following trans- portation policies shall apply for Commercial Activity Centers:" shall be deleted and restated as follows: "8. The following transportation policies shall apply in the below stated areas and uses:" P.O. b~~27 1br104n, Wln L]M7 11. p. 34.The designation of "REGIONAL SHOPPING CENTER" shall be deleted and in its place the following language inserted; we"ose, FfIZOEMID iCROOKSTON AtlpnMr~ ~nE Cwmwbn -A.la K7 Nnfebn. MYro L1N4 t~Yq~w~lMt "Mixed-Use Review Areas North of I-84." 12, p. 34.Paragraphs la and lb and paragraph 2 under what now reads "REGIONAL SROPPING CENTER" shall be deleted and restated to read as follows: 1. The Mixed-Use Review Areas, north of the I-84N/Runa/-Meridian Road Intersection, should include two frontage roads: a. A frontage access road from Eagle Road to the West to East First Street and along the East perimeter of the area. This frontage road should run parallel to the north side of I-84N so that the residential neighborhood proposed for this area is not adversely impacted by large volumes of traffic, as generated by Commercial and Industrial Uses in the area. The number of access points from the frontage road should be adequate enough to maintain a smooth flow of traffic. b. A frontage road between the Ten Mile/ Z-84N intersection and East First Street. This proposed frontage road would run parallel to and north of the Interstate I-84N and thus have the least impact on the existing and proposed neighborhood between I-84N and Franklin Road. (See Policy Diagram, Page 7, for the illustrative location of the two frontage roads.) 2. The possible mixed uses in these areas in the northeast and northwest quadrants of the Eagle Road and I-64 intersections should be adequatley served by existing arterials if improved. When developed the location and number of curb cuts and private access roads to these two areas should be reviewed by the City Engineering staff to provide for orderly traffic movement into and out of the areas. 13. p. SS.That the Amendment Provisions and Procedures shall be amended by deleting paragraphs d., e., f., g., h., i., j., and k., thereof and re-adopting paragraphs d., e., f., g., h. and i., which shall read as follows: "d. Once the application is complete, the Commission may appoint a committee to report on the application and after the Commission has received the committee report, if a committee has been .appointed, shall hold a public hearing on the application after proper notice as required by Idaho Code 67-6509. At said hearing, the amendment shall be presented to the Commission by the Applicant and the Commission shall accept testimony and evidence from the public. At the hearing or within 45 days of the hearing the Commission shall make a recommendation to the City Council supported by findings of fact and conclusions of law. If the recommendation includes or contains a material change in the proposed amendment, the Commission shall conduct at least one additional public hearing on the application and the material change in the proposed amendment prior to forwarding its recommendation, findings of fact and conclusions to the City Council. After the hearing the Commission may alter its findings of fact and conclusions of law. e. All Applicants shall be notified of the Com- mission's decision by mail. Any Applicant whose application is denied may appeal to the City Council within thirty (30) days from the date of notification of the decision by filing a written appeal stating the reasons for the appeal. The City Council may direct the Commission to consider any application previously rejected which the City Council, by a majority vote, deems to warrant further study by the Commission or may uphold the deniel of the application which shall be supported by adopting the Commission's findings of fact and conclusions or by making its own findings and conclusions based on the record. ,wenosE, FfiZ(iEMLD ICROOKSTON A"pn~y~.nE Counwlon P.O. b.~27 YMWb, MYo •7MT TWpOpr~N/1 f. Upon receipt of the Planning and Zoning Commission's recommendations on Comprehensive Plan amendments, the City Council will set a date for public hearing on the application. At the public hearing, the proposed amendments will be presented and the City Council will receive the report of its Committee, if one has been appointed, and public testimony on each application. g. At the public hearing or within 45 days thereafter, the City Council shall approve or deny the application (except that with the written agreement of the applicant, an additional amount of time, which shall be specified, may be taken). All applicants shall be notified by mail of the City Council's decision and the decision shall be supported by findings of fact and conclusions, if the City Council makes a material change in the proposed plan amendment it shall conduct one additional public hearing prior to adopting the proposed amendment as changed and may alter its findings of fact and conclusions of law. h. All applications for Compehensive Plan amend- ments shall be acted upon by the City Council within 16 months fzom their date of filing unless, upon written agreement of the ap- plicant, an additional amount of time may be specified, or unless the provisions of Section (i) are applicable requiring additional time for study. AMBROBE. FRZ6ERIILD a craoicsTOn •m~.r•.b cwnw.w. F.o. so. m rwiawe 10rw ~x TMphprMaM61 i. If the Planning and Zoning Commission deter- mines that a study of the proposed application or conditions affecting the proposed application is necessary., and the necessary funds for such a study are not available, the application may be tabled for up to a one-year period to allow the budgeting of the necessary funds for the study, unless the applicant agrees to pay in advance the estimated cost of the study." ri~ DATED this ~ day of August, 1988. ~~ ~(,~!~ LT MORROW ~ 22~ PLANNING & ZONING COMMISSION CHAIRMAN