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
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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
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"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
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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
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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