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1992 08-11 A G E N D A MERIDL?1N PLANNING & ZONING AUGUST 11, 1992 ITEM: MINUTES OF THE PREVIOUS MEETING HELD JULY 14, 1992 (APPRVED) 1: PREL~INARV PLAT ON THE LANDING SUBDIVISION: TABLID AT LAST MEETING: (APPROVED) 2: REQUEST FOR ANNEXATION & ZONING W/PRELIMINARY PLAT: STRATE SUBDIVISION: TABLID AT LAST MEETING: (FINDINGS ~ BE PREPARED) 3: FIIVDINGS OF FACT ON REZONE REQUEST BY JAMES THC+IPSON: (APPROVED) 4: FINDINGS OF FACT ON REZONE REQUEST W/PRELIMINARY & FINAL PLAT ON THE CO12~iJER OE' THE VINEYAIt[1S # 2 : (APPROVID ) 5: FIDIDINGS OF FACT ON REQUEST FOR CONDITIONAL USE PERMIT i~Y GINGER BARIlG/RR: (APPROVED) 6: FINDINGS OF FACT ON REZONE REQUEST W/CONDITIONAL ~JSE PERMIT BY' LIDIDA PADDOCTC: (DENIED) 7: FIIVDINGS OF FACT' ON REQUEST FOR CONIDITIONAL USE; PEE~4IT BY KAYLYN HERDING & TAMERA DAMS: (APPROVED) 8: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERb'LiT BY KARIN & WAYNE FORRFY: (FINDINGS TO BE PREPARED) 9: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT BY R.T.NAHAS: (FINDINGS TO BE PREPARED) 10: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PEE~IIT BY GARY FARNSWORTH: (FINDINGS TO BE PREPARED) 11: FINDINGS OF FACT & CONCLUSIONS ON REQUEST FOR CONDITIONAL USE PEF3VLiT BY BETTY CAVANAUGH: TABLID AT LAST MEETING: (TABLED) 12: PUBLIC HEARING: ANIENDNIE[VTS TO THE ZONING & DEVETAPMENT ORDINANCE: (FINDINGS TO BE PREPARED) MERIDIAN PLANNING & ZONING AUGUST il. 1992 The Regular meeting of the Meridian Planning and Zoning Commission was called to order by Chairman Jim Johnson at 7:30 P. M. . Members Present: Tim Hepper, Charlie Rountree: Members Rbsent: Moe Alidjani, Jim Shearer: Dthers Present: Don Bryan, Steven Breen, Gene Strate, Laura Conner, Wayne S. Forrey, Karen L. Forrey, James M. Reas, Steve Kurka, Kathe' Mitchell, Billy Ray Strite, Wayne Crookston, Oscar Saavedera: MINUTES OF THE PREVIOUS MEETING HELD JULY 14, 1992: The Motion was made by Rountree and seconded by Hepper to approve the minutes of the previous meeting held July 14, 1992 as written: Motion Carried: Hepper - Yea; Rountree - Yea, Johnson - Yea: ITEM #1: PRELIMINARY PLAT ON THE LANDING SUBDIVISION: TABLED RT LRST MEETING: Johnson: There is a new design on this. Any discussion? Rountree: Jack I have a question about the functional classification of the roads in that area. Does it show, on the functional classification map, Waltman being a Collector? Clerk Niemann: I'm not sure on the latest one how its shown. Rountree: I thought the functional classification was to be a collector. Discussion Held (See Tape: The Motion was made by Rountree and seconded by Hepper to recommend approval of the preliminary plat as redesigned conditioned on meeting the recommendations from ACHD and that Waltman Lane phase connecting to Linder to the west be designed to a Collector. Motion Carried: Rountree - Yea; Hepper - Yea; Johnson - Yea: ITEM #2: REQUEST FOR ANNEXATION 8 ZONING W/PRELIMINARY PLAT: STRATE SUBDIVISION: TABLED AT LAST MEETING: MERIDIAN PLRNNING & ZONING AUGUST 11, 1992 PRGE 2 Johnson: We tabled this because we had some questions of the developer and he was not present. Is he present tonight? We will re-open the Public Hearing at this time conditioned upon that. Jim Reas, 707 N. 27th, Boise, was sworn by the attorney. Reas: I am the engineer for the developer and the developer Mr. Strate is also here to answer questions. Rountree: The only question I have is in reference to a comment from ACRD and the classification of Chateau, not allowing direct access without a circular drive. You have one lot shown on the plat that will have to access Chateau, what's the situation on that lot? Reas: That is true. Actually that lot at present has access onto Chateau from the existing house that we are going to change and have the existing house onto the new road that goes through there. The driveway is there, we will have the builder put a turn-around on it so they will not be backing onto Chateau. Hepper: Is the minimum square feet 1300 on the structures? Reas: That is what the developer intends to do. Johnson: We had a call from a lady that lives in Gem Park #2, says there is all kinds of junk, etc. around and behind the old house that sits in this subdivision. We are bringing that up for your comments on that at this time. Reas: It needs to be cleaned up, it's a mess. We would like to start tearing that old building down and cleaning as soon as possible. We thought we should have at least approval before we do that. Hepper: Do you have pressurized irrigation or are you going to go with paying the fees to the City? Reas: I'm not sure at this time. We will pipe, there is an irrigation ditch across it that will be piped. Hepper: Do you have any problem with any of the comments from ACHD or the Engineer? Reas: No problem with ACHD or Engineer comments. MERIDIAN PLANNING & ZONING AUGUST 11, 1992 PAGE 3 Johnson: Anyone else to testify? No response. I will close the Public Hearing. The Motion was made by Hepper and seconded by Rountree to have the attorney prepare Findings of Facts and Conclusions of Law. Motion Carried: Hepper - Yea; Rountree - Yea; Johnson - Yea; ITEM #3: FINDINGS OF FACT ON REZONE REQUEST HY JAMES THOMPSON: The Motion was made by Rountree and seconded by Hepper that the Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. Roll Call Vote: Hepper - Yea; Rountree - Yea; Shearer - Absent; Rlidjani - Absent; Johnson - Yea: Motion Carried: All Yea: The Motion was made by Rountree and seconded by Hepper that the Meridian Planning and Zoning Commission hereby recommends to the City Council that they approve the rezone request by the applicant for the property described: Motion Carried: Rountree - Yea; Hepper - Yea; Johnson - Yea; ITEM #4: FINDINGS OF FACT ON REZDNE REQUEST W/PRELIMINARY 8 FINAL PLAT ON THE CORNER OF THE VINEYARDS #2: The Motion was made by Rountree and seconded by Hepper that the Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. Roll Call Vote: Rountree - Yea; Hepper - Yea; Shearer - Absent; Alidjani - Absent; Johnson - Yea; Motion Carried: All Yea: The Motion was made by Rountree and seconded by Hepper that the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the rezone application by the applicant for the property described, and as stated in the decision and recommendation with one minor small correction in the last sentence, to read the property be rezoned to R-4 and no other uses other than church will be allowed. Motion Carried: Rountree - Yea; Hepper - Johnson - Yea: MERIDIAN PLANNING & ZONING AUGUST 11, 1992 PAGE 4 The Motion was made by Hepper and seconded 6y Rountree to recommend approval of the preliminary and final plat. Motion Carried: Hepper - Yea; Rountree - Yea; Johnson - Yea; ITEM #5: FINDINGS OF FACT ON REQUEST FOR CONDITIONAL USE PERMIT BY GINGER BARKER: The Motion was made by Hepper and seconded by Rountree that the Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. Roll Call Vote: Hepper - Yea; Rountree - Yea; Shearer - Rbsent; Alidjani - Yea; Johnson - Yea; Motion Carried: All Yea: The Motion was made by Hepper and seconded by Rountree that the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Conditional Use Permit requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law. Motion Carried: Hepper - Yea; Rountree - Yea; Johnson - Yea; ITEM #6: FINDINGS OF FACT DN REZONE REQUEST W/CONDITIONAL USE PERMIT BY LINDR PADDOCK: The Motion was made by Rountree and seconded by Hepper that the Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions which recommend denial of this request. Roll Call Vote: Hepper - Yea; Rountree - Yea; Shearer - Rbsent; Alidjani - Absent; Johnson - Vea; Motion Carried: All Yea: The Motion was made by Rountree and seconded by Hepper that the Meridian Planning and Zoning Commission, based on these Findings of Fact and Conclusions of Law, hereby recommends to the City Council of the City of Meridian that this request far rezone be denied: Motion Carried: Rountree - Yea; Hepper - Yea; Johnson - Yea; MERIDIAN PLRNNING 8 ZONING AUGUST il, 1992 PAGE 5 ITEM #7: FINDINGS OF FACT ON REQUEST FOR CONDITIONRL USE PERMIT BY KAYLYN HARDING & TRMERR DAVIS: The Motion was made by Hepper and seconded by Rountree that the Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. Roll Call Vote: Hepper - Vea; Rountree - Yea; Shearer - Rbsent; Rlidjani - Rbsent; Johnson - Yea: Motion Carried: R11 Yea: The Motion was made by Hepper and seconded by Rountree that the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Conditional Use Permit requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law and that the Rpplicant be specifically required to meet all of the Ordinances of the City of Meridian, specifically including the Uniform Building Code, the Fire Code, the Life Safety Code, the Electrical Code, and the Plumbing Code. Motion Carried: Hepper - Yea; Rountree - Yea; Johnson - Yea: Johnson: On this particular application, Mr. Hepper thought it would be appropriate that we read Item #10 on the Findings of Fact and Conclusions of Law. Due to the many objections, it i pointed out that a conditional use, which the property is located, is conditions placed on the use but it are indication or evidence that the or general welfare; the objections not constitute such a situation. s specifically concluded and if allowed in the district in an allowed use but it may have cannot be denied unless there use would incur a life safety put before the Commission did ITEM #8: PUBLIC HERRING: REQUEST FOR CONDITIONRL USE PERMIT BY KAREN & WAYNE FDRREY: Johnson: I will open the Public Hearing. Wayne Forrey, 3045 Thayen Place, Boise, was sworn by the attorney. MERIDIAN PLANNING 8 ZONING AUGUST 11, 1992 PAGE 6 Forrey: My wife and I have been looking for an older home to convert to an office for ourselves and possibly one other tenant. Right after I purchased the property I contact the Highway District and asked them the status of Williams Street because there is no access on Franklin. They indicated it was unknown to them what the official status was. I wrote a letter to RCHD asking about curb, gutter, sidewalk, etc. I indicated in that letter that I want to put in curb, gutter and sidewalk on the portion that abuts Williams if they can decide the future status of that road. It's all gravel and no-one has done anything with it. I don't have any problems with the conditions, I think they are good. Just those site specific requirements from the Highway District that pertain to Williams and actually if the Highway District wants 10' out front for future expansion of Franklin, that's fine, although I asked them about that and there's nothing in the planning for any improvement to Franklin. Johnson: What is the use of the immediate contiguous properties? Forrey: On the east side it's the Home Federal Bank and on the west side it's a rental property and the owner of that property also owns the Tangles Beauty Parlor. Farther west of that is the Meridian Office Plaza. Johnson: None of those areas other than those developed with paving have any access off Franklin do they? Forrey: The Tangles has access. The rental property and the property we bought do not have a curb cut on Franklin. Discussion. Forrey: The other thing in their comment #1, they are asking us to pave from the curb to the centerline on the south side and then also to pave twelve feet north of centerline. That might be excessive in that, the other side of the centerline perhaps is St. Vincents responsibility. Johnson: Have you read the City Engineer's comments and do you have any problem with them? Forrey: Yes and I have no problems. Johnson: Your business, does it generate much in the way of traffic? MERIDIAN PLANNING & ZONING AUGUST 11, 1992 PAGE 7 Forrey: No. I had one visitor in the first quarter of this year and that's about it. There is parking far employees and this tenant. Rountree: What's the status of the parking, is it surfaced or is it turf? Forrey: It's lawn. Johnson: Thank you. Anyone else to testify? No response. I will close the Public Hearing. Rountree: Just a point about ACHD's comments, they are not terribly inconsistent with what they have told us about some situations in Old Town as well, that they don't have any answers for us and I don't see that this is any different. The Motion was made by Rountree and seconded by Hepper to have the attorney prepare Findings of Fact and Conclusions of Law with a favorable recommendation to the City Council, with one of the conditions in the Findings of Fact addressing waiving of RCHD's comments until such time as the status of Williams Street can be resolved. Motion Carried: Hepper - Yea; Rountree - Yea; Johnson - Yea; ITEM ii9: PUBLIC HERRING: REQUEST FOR CONDITIONAL USE PERMIT BY R. T. NAHAS: Johnson: I will open the Public Hearing. Is there a representative present for this request? Billy Ray Strite, 1087 River Street, Boise, was sworn by the attorney. Strite: I'm here on behalf of the R.T. Nahas Company. This request I've run past most of the agencies, the only thing that I find that may be of question to you folks is comments made by the City Engineer. On Sheet 3 of your packet comments relative to the intersection and future signalization. I believe that the signal will still be installed at latest spring of 1993. The reason for the evaluation today is not so much from traffic numbers or volumes but the problem with that westerly leg coming off just south of Meridian Road, they are having a little difficulty trying to figure out how they are going to handle that. This particular project, I'm told that the number generated by this would have probably absolutely no affect on the potential signalization. MERIDIAN PLANNING 8 ZONING AUGUST 11, 1992 PAGE B You might also note that ACRD makes no comment relative to the traffic there. I think Gary being out here and seeing what happens there and I myself went out there today for lunch just to see what it was like and it's pretty miserable. We have no problems with anything else that has be placed before us. I will be happy to answer any questions you have. Clerk Niemann: CH2M Hill is holding a public information meeting on August 25th from 6:00 - 8:00 P. M. here at City Hall. Rountree: With respect to the one comment Gary made about sharing common access with Chevron Gas and Convenience Store, has that been resolved with Nahas or whoever owns that piece of property? St rite: Yes sir. Rountree: When would you expect to open? Strite: I understand, weather permitting they would like to have a spring opening. I think that the way things are going today if we get through this process we've got another thirty to sixty days. Start construction probably early spring. Johnson: Anyone else to testify? No response. I will close the public hearing. The Motion was made by Hepper and seconded by Rountree to have the City Attorney prepare Findings of Fact and Conclusions of Law. Motion Carried: Hepper - Yea; Rountree - Yea; Johnson - Yea; The Motion was made by Hepper and seconded by Rountree to pass on a favorable recommendation to the City Council. Motion Carried: Hepper,- Yea; Rountree - Yea; Johnson - Yea; ITEM X10: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT BY GARY FRRNSWORTH: Johnson: I will open the public hearing. Is there a representative present for this request? Oscar Saavedera, 355 S. 3rd St., Boise, was sworn by the attorney. MERIDIAN PLANNING & ZONING AUGUST 11, 1992 PAGE 9 Saavedera: I'm representing Gary Farnsworth, I am the architect on the project. I have reviewed the comments from the City Engineer. Regarding the water services, he's asking us to where the water would be coming from and most likely we will be going towards Cherry Lane on the north side where there is water service at that point. As far as item #3 - the sewer - Mr. Farnsworth is discussing this matter with the owner of the property. #6 - the property is totally owned by Maverick but a portion of it has not been developed and that's a portion that Mr. Farnsworth will be leasing from the Maverick Co.. It will be a lease with a possible purchase. Rs far as the 39 foot access easement that's shown, the 25' was with regard to - it had a fifteen foot setback which left it approx. 25' remaining on that easement and that's why that plat shows it that way. Any of the other comments we don't see any problem with meeting those regulations. Rountree: We don't have a particularly good drawing of how this relates to the area that was just rezoned on Linder and how it relates to the rest of the Vineyards Subdivision Development and what the potential conflict might be with vacuums in peoples backyards, if in fact that's the case. Could you address that? Saavedera: The owner has been speaking to the developer and there has been talk about a fence that would be constructed on the south and west properties I believe. Rountree: Which portions of this property would be bordered by residential? Saavedera: The west and the south. Discussion on boundaries. Rountree: You will have landscaping between this and the next subdivided commercial lot? Saavedera: Yes. Hepper: Is there going to be any automatic bays in this or is it strictly hand? Saavedera: Right now there are four bays that are just hand but the owner is considering making one of those an automatic. Johnson: How much property are we actually going to utilize for this? MERIDIRN PLANNING & ZONING RUGUST il, 1992 PAGE 10 Saavedera: It's 1/2 acre. Johnson: Rre those vacuums right or they kind of back a ways? up to the edge of the property Saavedera: I would say the vacuums are at least a good sixty feet from the south property line. Presented drawing of site for P & Z review. Johnson: Thank you. Anyone else to testify? Richard Boesiger, 131 E. Williams, Boise, was sworn by the attorney. Boesiger: We just received a notice on this last week. We all agree that we have no objections to the proposed use. We did want to look at the plans to see architectural if it was a proper building to fit the neighborhood. We attempted to get through to Mr. Farnsworth but wasn't able to as he was out of town. My intent isn't to slow down this process. We assume that if we do have some objections after reviewing these plans we can bring it up at Council. Basically we would like some time to look at the plans and if we have any objections we will voice them at the Council level. Rountree: I believe this development was originally Boesiger Development along with the rezone request for commercial on this corner. If your concerned about design and quality of structures on that corner now, why weren't you when you sold the property? Boesiger: We had intended to have some input. The Mavericks when they bought their corner lot, they took an option on the second lot, this particular lot. We had expressed our interest at that time that we have some input on the use and the architectural design to the Mavericks. We didn't have the time to get together and get that done. Rountree: Is it your opinion that the development there now is what you would a reasonable design that fits with the neighborhood now? Boesiger: Yes. The concerns get stronger as we go back because the Church property gives us a certain amount of buffer and as we move back into those future lots, those lots become closer and closer to the residential. We still own those lots and will have control. Johnson: Thank you. Anyone else to testify? No response. MERIDIAN PLANNING & ZONING AUGUST 11, 1992 PAGE 11 I will close the public hearing. The Motion was made by Rountree and seconded by Hepper to have the attorney prepare Findings of Fact and Conclusions of Law with a favorable recommendation to the City Council. Motion Carried: Rountree - Vea; Hepper - Yea; Johnson - Yea: ITEM #11: FINDINGS OF FRCT AND CONCLUSIONS ON REQUEST FOR CONDITIONAL USE PERMIT BY BETTY CAVANAUGH: TABLED AT LAST MEETING: The Motion was made by Rountree and seconded by Hepper to table this until the next meeting which is September 8, 1992: Motion Carried: Rountree - Yea; Hepper - Yea; Johnson - Yea; ITEM k12: PUBLIC HEARING: RMENDMENTS TO THE ZONING & DEVELOPMENT ORDINANCE: Johnson: I will open the public hearing. Is there anyone who wishes to testify? Don Bryan, 2070 N. Locust Grove, was sworn by the attorney. Bryan: Questions concerning the tiling of ditches. Crookston: That actually is requirement that they t he the was a little confusion as to s fact the boundary line. This take measures to t he the ditch on their boundary. an amendment, we already have a ditches on the property. There ome properties where a ditch in in basically says that they have to even though half of it may not be Bryan: Concerns about fencing on developing ground adjacent to agricultural ground. Explained - see tape. Discussion - see tape. Crookston: I think it's great that Don appears and voices his opinions. Johnson: I have a note here from Engineer Smith regarding tiling of irrigation ditches outside the jurisdiction. His comments need to be incorporated into this. Crookston: We need to make a motion to add it to the petition. Rountree: If I read this correct, it's just an amendment to existing language in this. Johnson: That's correct. I'm going to read this. "In light of several recent problems involving the piping of irrigation ditches I suggest the following be added to our petition for the zoning and subdivision ordinances. The tiling of any irrigation or drainage ditch not inside a jurisdiction of an irrigation/drainage district shall be done so as to not impede the movement of the amount of water crossing the property in the open ditch prior to development. The pipeline shall have a sloped bar-gated inlet structure and access clean out boxes at a maximum four hundred foot spacing and at all angle points of the pipeline." Any questions on that? Anyone else to testify? No response. I will close the public hearing. The Motion was made by Rountree and seconded by Hepper to amend our petition on development ordinance to include the statement as highlighted on the paragraph before you from the City Engineer, will he Page 12, Item 29. Motion Carried: Rountree - Yea; Hepper - Yea; Johnson - Yea; The Motion was made by Rountree and seconded by Hepper to have the attorney prepare Findings of Fact and Conclusions of Law with a favorable recommendation to the City Council. Motion Carried: Rountree - Yea; Hepper - Yea; Johnson - Yea; The Motion was made by Rountree and seconded by Hepper to adjourn at 8:50 P. M.: Motion Carried: All Yea: (TAPE ON FILE OF THESE PROCEEDINGS) MERIDIAN PLRNNING & ZONING AUGUST 11, 1992 PAGE 12 [i MERIDIAN PLRNNING & ZONING AUGUST 11, 1992 PAGE 13 RPPROVED: JI JOHI N, CHAIRMAN RTTEST: JAC~,C NIEMANN, ,CITY CLERK cc: Mayor & Council, P & Z Members, Rtty., Bldg., Police, Ward, Stuart, ACC, ACRD, NMID, APA, CDH, Settlers, Valley News, Hallett File (7) Mail (7) BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION PIONEER INVESTMENTS AND W.J. BUCHANAN ANNEXATION AND ZONING A PORTION OF SECTION 6, TOWNSHIP 3 NORTH, RANGE 1 EAST MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on July 14, 1992, and continued until August 11, 1992, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony, and the Engineer for the Developer, Jim Reas, and the Applicant, W. Eugene Strate, appearing in person and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT AMBROSE, FITZG ERALD d CROOKSTON Attorneys entl Counselors P.O. Box lT7 MeriClan, Itleho B38AZ Telsplwne SB&d81 1. That notice of public hearing on the annexation and zoning was published for two ( 2 ) consecutive weeks prior to the said public hearing scheduled for July 14, 1992, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the July 14, 1992, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were made available to newspaper, radio and television stations; 2. That the property included in the application for annexation and zoning is described in the application, and by this FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 1 reference is incorporated herein; that the property is approximately 4.79 acres in size; it is located on the west of Locust Grove Road and is adjacent to Gem Park Subdivision and Gem Park Subdivision No. 2, and also adjacent to Chief Joseph Elementary School; the legal description is included in the application and is incorporated herein as if set forth in full. 3. That the property is presently zoned by Ada County as R-8 Residential and the proposed use would be for a residential subdivision and the requested zoning is R-8 Residential. 4. The general area surrounding the property is used residentially; Chief Joseph Elementary School is adjacent on the west. 5. That the property is adjacent and abutting to the present City limits. 6. The Applicant, William J. Buchanan, is the owner of record and he has consented to annexation. 7. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 8. 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. 9. That the Application requests that the parcel be annexed AMBROSE, FITZG ERALO dCROOKSTON Attorneys and Counaeloro P.O. Boa 147 MarMlan, Itlaho 838/4 TelaPhone 8881181 and zoned R-8; that the present use of the property is for a single family dwelling; that the applicant indicated that the intended development of the property would be for a residential subdivision and has submitted a proposed preliminary plat. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 2 10. There were no property owners in the immediate area that testified objecting to the Application. 11. That the property is in the NORTH CURVE Neighborhood as set forth in Policy Diagram in the Meridian Comprehensive Plan. 12. That the property can be serviced with City water and sewer. 13. Ada County Highway District, Central District Health Department, Nampa & Meridian Irrigation District, City Engineer, Sewer Department, and the City Fire Department submitted comments and such are incorporated herein as if set forth in full. 14. That the R-8 Residential District is described in the Zoning Ordinance, 11-2-408 B. 2 as follows: (R-81 MEDIUM DENSITY RESIDENTIAL DISTRICT: The purpose of the (R-8) District is to permit the establishment of single and two (2) family dwellings at a density not exceeding eight (8) dwelling units pre acre. This district delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two (2) family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal Water and Sewer systems of the City of Meridian is required. 15. That proper notice was given as required by law and all AMBROSE, FITZG ERALD SCROOKSTON Apomeye eno Counselors P.O. Box s2T Merl0len, ICello 87NP TalePftone BBNN1 procedures before the Planning and Zoning Commission were given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 3 Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a Legislative function. 3. That the Planning and Zoning Commission has judged this annexation and zoning use application contained in Section 50-222; Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated with AMBROSE, FITZGERAlO dCROOKSTON Attorneys snE Couneelon P.O. Boz IZ7 MerlOlen, IOe~o 88E12 Taleplrone SBBJeB1 the consent of the owner and the annexation is not upon the initiation of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 4 AMBROBE, FITZG ERALO 6CROOKBTON Attomeye entl Counselors P.O. Box 12] Merltllan, Itla~o 838x2 TeleONOne BB&aa81 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616 which pertains to development time schedules and requirements; that the Applicant will be required to connect to Meridian water and sewer; that the property will be subject to the Subdivision and Development Ordinance; that any waterways and canals within the property will have to be tiled. 10. That proper and adequate access to the property is available and will have to be maintained. 11. That the comments submitted by the City Engineer will have to be met and complied with as well as the comments of the Ada County Highway District (ACHD). 12. That since the Applicant's property is in the NORTH CURVE NEIGHBORHOOD of the Comprehensive Plan, the annexation and zoning Application is in conformance with the Comprehensive Plan. 13. Therefore, based on the Application, the testimony and evidence, these Findings of Fact and Conclusions, and the Ordinances of the City of Meridian, it is ultimately concluded that Applicant's property should be annexed and zoned as requested; that the conditions should be those stated above and other conditions to be explored at the City Council level; that such annexation would be orderly development and reasonable if the conditions are met. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 5 14. That any ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled the property shall be subject to de-annexation. 15. That any of the requirements of the Nampa Meridian or AMSROSE, FITZGERALD d CROOKSTON Attorneys en0 Couneeloro P.O. Bov lZ7 MMCIen, IENo 8.982 telselwne BB&N61 Settlers Irrigation Districts shall be met as well. 16. With compliance of the conditions contained herein, the annexation and zoning of R-8 Residential would be in the best interest of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 6 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER VOTEDf~y ~ COMMISSIONER ROUNTREE VOTED G`, COMMISSIONER SHEARER VOTED COMMISSIONER ALIDJANI VOTED ~ `~ CHAIRMAN JOHNSON (TIE BREAKER) VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends AM BROSE, FITZGERALD 6 CROO KSTON Allomaye end Counsalore P.O. Boz 127 MMEbn, 10No 83812 TeleplaM 8861181 to the City Council of the City of Meridian that they approve the Annexation and zoning requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law and that the Applicants be specifically required to the all ditches, canals and waterways as a condition of annexation and that the Applicants meet all of the Ordinances of the City of Meridian, specifically including the development time requirements. MOTION: //,,~~nn l ~ APPROVED •y V'Y` DISAPPROVED: I FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 7 BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION WAYNE and KAREN FORREY CONDITIONAL USE PERMIT 52 WEST FRANKLIN ROAD MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing August 11, 1992, at the hour of 7:30 o'clock p.m., the Petitioner appearing in person, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing on the Conditional AM BROSE, FIRGERALD 6 CROOKSTON Attorneys en0 Counselors P.O. Bov l2] MerlEisn, IOSKo 83862 Telephone BB&N81 Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for August 11, 1992, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the August 11, 1992, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations; 2. That the property is located within the City of Meridian; the property is described in the application which description is incorporated herein. FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 1 II • • 3. That the property is zoned Old Town, which requires a conditional use permit for the operation of professional office buildings for two small professional firms which the application requests. 4. That the Old Town District is described in the Zoning Ordinance, 11-2-408 B. 10. as follows: (OT1 Old Town District: The purpose of the (OT) 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, and 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 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 provide strip commercial development, and must be approved as a conditional use, unless otherwise permitted. 5. That the use proposed by Applicant is a specific allowed conditional use in the Zoning Schedule of Use Control, 11-2-409 B. 6. That the abutting properties are used for commercial purposes. 7. That proper notice has been given as required by law and AMSROSE, FITZG ERALD d CROONSTON Attorneys an0 Counselors P.O. Soy ~Py Mer101en, IENo 83&2 TalepNOne BB&N8t all procedures before the Planning and Zoning Commission have been given and followed. FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 2 AMBROSE, FIT2GERALD BCROOKSTON Attorneys en0 Counselors F.G. BoY ~2T McNElan, l0e~o 83842 TelepNOne BB&N81 8. That sewer and water is available to the property, but the property will have to comply with the commercial sewer and water rates. 9. That the City Engineer, Ada County Highway District (ACHD), Central District Health Department, Nampa & Meridian Irrigation District, Fire Department, Police Department and Sewer Department have submitted comments and they are incorporated herein as if set forth in full herein. 10. That there was no testimony objecting to the application. 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property; 2. That the City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian; 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 3 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 concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit is required by ordinance. b. The use should be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use. c. The use apparently would be designed and constructed, to be harmonious in appearance with the intended character of the general vicinity. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses. e. The property has sewer and water service available. f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community. g. The use would not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. AMBROSE, FIT2G ERALD d CROOKSTON Attorneys antl Counaelon P.O. Boa e17 Me~ltllan, IGNo 838/I Telapnone 888-He1 h. That sufficient parking for the property and the proposed use will be required. FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 4 i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. That the comments of the City Engineer must be met and complied with. 6. The requirements of the Ada County Highway District must be met, except for those comments pertaining to Williams Street which only must be met when Ada County Highway District (ACRD) commences construction on Williams Street; that the requirements of the Nampa 6 Meridian Irrigation District and Sewer Department shall be met. 7. That all ordinances of the City of Meridian must be met, AMBROBE, FITZOERALD S CROOKSTON Attomaye me Counealore P.O. Box 1Y7 MarlOlan, IE1~o 83812 Telap~ona BBB-1181 including but not limited to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, the Fire and Life Safety Code, all parking and landscaping requirements. FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 5 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 r COMMISSIONER HEPPER VOTED `1fL ~---' COMMISSIONER ROUNTREE VOTED ~-J COMMISSIONER SHEARER VOTED ~/` ~ COMMISSIONER ALIDJANI VOTED ' CHAIRMAN JOHNSON (TIE BREAKER) VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Conditional Use Permit requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law. MOTION: :;, APPROVED: DISAPPROVED: AMBROSE, FITZG ERALD S CROOKSTON Attomeye antl Counselors I P.O. Boz ~Y7 Merltllen, Itle~o 83BeZ TelepMna 886L1B1 FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 6 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER VOTED COMMISSIONER ROUNTREE VOTED COMMISSIONER SHEARER VOTED COMMISSIONER ALIDJANI VOTED CHAIRMAN JOHNSON (TIE BREAKER) VOTED DECISION AND RECOMMENDATION AMSROSE, FITZGERALD b CROOKSTON The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Conditional Use Permit requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law. MOTION: APPROVED: DISAPPROVED: Attomsye and D°°"'°I°" FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 6 P.O. Soz IZ7 MerMl~n, WNo BJM2 T~N°NOn~ bbbNbt „- BEFORE TBE MERIDIAN PLANNING AND ZONING COMMISSION R.T. NAHAS COMPANY CONDITIONAL USE PERMIT LOT 2, BLOCK 3, CENTRAL VALLEY CORPORATE PARK MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing August 11, 1992, at the hour of 7:30 o'clock p.m., the Petitioner appearing in person, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing on the Conditional AMBROSE, FITZG ERALD d CROOKSTON Atlorneye entl Coonseloro P.O. BoM X27 Merltllen, Itleflo &'f M2 TelepMne B88 {~6t Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for August 11, 1992, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the August 11, 1992, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations; 2. That the property is located within the City of Meridian; the property is described in the application which description is incorporated herein. FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 1 3. That the property is zoned C-G Commercial with a Planned Unit Development, which requires a conditional use permit for the operation of a fast foot restaurant drive-thru which the application requests. 4. That the (C-G) GENERAL RETAIL AND SERVICE COMMERCIAL is described in the Zoning Ordinance, 11-2-408 B. 9. as follows: IL-~~ IiCNN'HA1, RE~PAIL AND SERVICE COMMERCIAL: The purpose of the (C-G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service .oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. 5. That the use proposed by Applicant is a specific allowed conditional use in the Zoning Schedule of Use Control, but the use calls for a drive-in window which requires a Conditional Use Permit and the Planned Unit Development requires a Conditional Use Permit. 6. That the property to the north, south, east and west are used commercially. 7. That proper notice has been given as required by law and AM BROSE, FITZG ERALO dCROO KSTON Auomeye antl Counseloro P.O. Bax IY7 Merltllan, Itla~o BSNE TeleP~ona 88BL181 all procedures before the Planning and Zoning Commission have been given and followed. 8. That sewer and water is available to the property. 9. That the City Engineer, the Ada County Highway District (ACRD), Central District Health Department, Nampa & Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 2 Irrigation District, Meridian Police, Fire Department and Sewer Department have submitted comments and they are incorporated herein as if set forth in full herein. 10. That no people submitted objections to the application. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property; 2. That the City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian; 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 AMBROBE, FITZGERALD B CROOKSTON Attorneys m0 Counselors P.O. Box 12T Merltllan, Itle~o B8B12 TalePNOne 8881x81 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 3 conditions of the area, concludes as follows: the Planning and Zoning Commission a. The use, would in fact, constitute a conditional use and a conditional use permit is required by ordinance. b. The use should be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use. c. The use apparently would be designed and constructed, to be harmonious in appearance with the intended character of the general vicinity. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses. e. The property has sewer and water service available. f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community. g. The use would not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. h. That sufficient parking for the property and the proposed use will be required. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. That the comments of the City Engineer must be met and AMBROSE, RITZGERALO B CROOKSTON Attorneys an0 Counaelore P.O. Box {27 Merltllan, IEeKo &1812 Telephone BBBJ~81 complied with. FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 4 AMBROSE, FITZG ERALD S CROOKSTON Attomeye end Coonaelora P.O. BOx 02] McMtllan, Itlallo 83G2 Talap~one B8BJ~81 6. The requirements of the Ada County Highway District, the Central District Health Department, the Nampa & Meridian Irrigation District must be met. 7. That all ordinances of the City of Meridian must be met, including but not limited to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, the Fire and Life Safety Code, all parking and landscaping requirements. 8. That the planning and construction shall be subject to Design Review. FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 5 AMBROSE, FITZG ERALG d CROONSTON 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 i COMMISSIONER HEPPER VOTED~- COMMISSIONER ROUNTREE VOTED G` COMMISSIONER SHEARER VOTED ~ cl ~~ COMMISSIONER ALIDJANI VOTED CHAIRMAN JOHNSON (TIE BREAKER) VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Conditional Use Permit requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law. MOTION: APPROVED: DISAPPROVED: Attomeye ane COY"eB10f° FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 6 P.O. Boz /Z7 Merl0len, IEWIo 89M2 Teleptlone BSSJZEI BEFORE THE MERIDIAN PLANNING AND ZONING GARY FARNSWORTH CONDITIONAL USE PERMIT DIRECTLY WEST OF THE MAVERICK STORE AT THE SW CORNER OF CAERRY LANE AND CINDER ROAD MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing August 11, 1992, at the hour of 7:30 o'clock p.m., the Petitioner appearing in person, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing on the Conditional AM BROSE, FI72GERALD 6 CROOKSTON ArrOfneYe NE Counselors P.O. BOM X27 Merl0len, IENo 83M2 TelspMm BBB-N6/ Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for August 11, 1992, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the August 11, 1992, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations; 2. That the property is located within the City of Meridian; the property is described in the application which description is incorporated herein. FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 1 3. That the property is zoned (C-N) Neighborhood Business District, which requires a conditional use permit for the operation of a four (4) bay self-serve car wash which the application requests. 4. That the (C-N) Neighborhood Business District is described in the Zoning Ordinance, 11-2-408 B. 6. as follows: (C-N1 NEIGABORHOOD BUSINESS DISTRICT: The purpose of the (C- N) District is to permit the establishment of small scale convenience business uses which are intended to meet the daily needs of the residents of an immediate neighborhood (as defined by the policies of the Meridian Comprehensive Plan); to encourage clustering and strategic siting of such businesses to provide service to the neighborhood and avoid intrusion of such uses into the adjoining residential districts. All such districts shall give direct access to transportation arterials or collectors, be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute all or any part of a strip development concept. 5. That the use proposed by Applicant is a specific allowed conditional use in the Zoning Schedule of Use Control, 11-2-409 B. 6. That the property to the west is used as a residential subdivision; that property to the north is used for a residence and agricultural; that the property to the east is a Maverick Convenience Store with gasoline facilities; that the property to the south is used for residential and a church is planned. 8. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been given and followed. 9. That sewer and water is available to the property. AMRROSE, FITZG ERALD d CROOKSTON Attorneys antl Counaeloro P.O. Bov 1T] Msritllen, Me~o 83812 Telsplwne BB6N61 FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 2 10. That the City Engineer has submitted comments and they are incorporated herein as if set forth in full herein. 11. That the Ada County Highway District (ACHD) has not submitted comments but they may and they shall be incorporated herein as if set forth in full herein. 12. That Nampa Meridian Irrigation District, Central District Health Department, and the Meridian Fire Department may submit comments and they shall be incorporated herein as if set forth in full. 13. That there was testimonial comments submitted by the owner of the adjacent Vineyards Subdivision; that the comments were not objecting to the proposed use but desired adequate protection for the subdivision. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property; 2. That the City of Meridian has authority to grant AM BROSE, FITZGERALD dCROOKSTON ATtomsye end Coonaelore D.O. Boz 12] MerlOlen, IoNo B3BIt TsIeDNOns BBB MEI 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; 3. That the City of Meridian has authority to place conditions on a conditional use permit and the use of the property FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 3 pursuant to 67-6512, Idaho Code, and pursuant to 11-2-416(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 concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit is required by ordinance. b. The use should be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use. c. The use apparently would be designed and constructed, to be harmonious in appearance with the intended character of the general vicinity. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses. e. The property has sewer and water service available. f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community. AM BROSE, FITZG ERALD dCROOKSTON Attorneys end Counselors P.O. BOY 1T] Meridian, IONo &9812 TeleDlwne 8881181 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 4 general welfare by reason of excessive production of traffic or noise. h. That sufficient parking for the property and the proposed use will be required. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. That the comments of the City Engineer must be met and complied with. 6. The requirements of the Ada County Highway District, if submitted prior to City Council action, must be met; that the requirements of the other governmental agencies shall be met. 7. That all ordinances of the City of Meridian must be met, including but not limited to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, the Fire and Life Safety Code, all parking and landscaping requirements. 8. The construction shall be subject to Design Review. 9. In the Design Review process adequate buffers and fencing shall be required to protect the adjacent residential subdivision. 10. The conditional use may be terminated if the conditions AMBROBE, F1T2GERALD 0. CROO KSTON Attomays Antl Counaelore P.O. Boa IY7 Merltllen, ItlNo 8382 Telsplrone BB&~M1 stated herein are not met and the conditional use may be terminated for cause. FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 5 AMBROSE, FITZG ERALD 6 CROOKSTON Anomeya anE Counsaloro P.O. Boz 127 Merltllan, IONo 83842 Telsp~ona 88&1181 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 VOTED' COMMISSIONER HEPPER ~~J~~J,,,,,,pppppp VOTEDG`- COMMISSIONER ROUNTREE VOTED w" COMMISSIONER SHEARER VOTED L l" COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Conditional Use Permit requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law. MOTION: ,~ J APPROVED:~~ DISAPPROVED: .; FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 6 , ~ ; ; . • BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION CITY OF MERIDIAN'S JULY 1992 APPLICATION TO AMEND THE ZONING ORDINANCE AND THE SUBDIVISION AND DEVELOPMENT ORDINANCE FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled application to amend the Meridian Zoning Ordinance and the Subdivision and Development Ordinance having come on for public hearing on August 11, 1992 at 7:30 o'clock p.m., and the Planning and Zoning Commission having heard any and all testimony that was submitted, which there was no testimony, including the taking of judicial notice of matters of which it may take judicial notice, and including its knowledge of existing conditions and prior findings of fact and conclusions of law adopted on prior amendments to the above Ordinances and having duly considered all the evidence, officially noticed evidence and the facts of the Ordinance themselves, the Local Planning Act of 1975, the Comprehensive Plan of the City of Meridian, the Planning and Zoning Commission makes the following: FINDINGS OF FACT AMBROSE, FITZG ERALD 8 CROOKSTON Attomeya entl Couneelora P.O. Boa 427 MetlClan, ItlMo &7812 TelePlwne B8B 4181 1. That the Application was submitted by the Planning and Zoning Commission and is an amendment proposed by the Commission after holding special work sessions which were duly noticed. 2. That there are two specific types of amendments involved FINDING OF FACTS AND CONCLUSIONS OF LAW - PAGE 1 r ~ II • • in the Petition which are 1) context, procedural, definitional and text amendments to clarify and 2) substantive amendments. 3. That there are amendments that pertain to specific parcels of land but there are no amendments to the zoning boundaries of any Zoning District; there are two amendments which add two new residential districts and two essentially commercial districts pertaining to the Foreign Trade Zone. 4. That the amendments are legislative and do not specifically involve the owners or users of any specific property or of the specific uses of any property, except for the parcels of land that are being rezoned. 5. That at the public hearing held before the Planning and Zoning Commission there were no public comments or testimony or evidence submitted on the Petition to amend objecting to the amendments. 6. The amendment to Section 11-2-402 A. 11., of the INTENT AND PURPOSE declaration of the Zoning Ordinance is to change the mandatory language as it exists so that it is not mandatory to integrate commercial uses into all residential areas. 7. The amendment to 11-2-404 C, COMMISSION, 3., Rules, AMBROSE, FITZG ERALD BCROOKSTON Allorneye end Couneelore P.O. Box 02] MerlElsn, Idaho 8782 TeleOhone BB%ebl Records and Meetings, is to make it discretionary to the Planning and Zoning Commission to adopt by-laws. 8. The amendment to Section 11-2-405 B. 2. is to reflect the previous Zoning Ordinance interpretation by the City Council that grandfather rights shall not be transferred upon the conveyance of the property. FINDING OF FACTS AND CONCLUSIONS OF LAW - PAGE 2 9. The amendment to Section 11-2-405, by the addition thereto of two new subsections, is to adopt a procedure where an applicant for a matter before the City desires to amend or change the application or to change the approved use. 10. The amendment to Section 11-2-408 B. by the addition of two new subsections is to add two new residential zoning districts to the Zoning Ordinance to allow for larger lots with consequent less density. 11. The amendment to Section 11-2-408 B. is to add two new zoning districts that pertain to the Foreign Trade Zone to afford protection from infringing uses. 12. The amendment to Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, A., Residential, is to allow family child care homes and home occupations as a Permitted Accessory Use in the R-4 District; that it is believed that the existing restrictions are too prohibitive. 13. The amendment to Section 11-2-409, ZONING SCHEDULE OF AMBROSE, F1T2GERAlD B CROOKSTON Allomeys anO Counselors P.O. BOZ 42] MeriEisn, ICello 83812 TalePnone 888J1B1 USE CONTROL, B., Commercial, Automobile Repair Shop, is to change the District in which automobile repair shops is a permitted use and to change it to a conditional use for the reason that it has been the experience of the City that these types of repair shops can turn into junk vehicle collection businesses, and therefore it is more appropriate to allow them as conditional uses. 14. The amendment to Section 11-2-410, ZONING SCHEDULE OF BULK AND COVERAGE CONTROLS, A., is to add bulk and coverage controls for the new Residential Districts of R-2 and R-3. FINDING OF FACTS AND CONCLUSIONS OF LAW - PAGE 3 ;~ . ii • ~ 15. The amendment to 11-2-410, ZONING SCHEDULE OF BULK AND COVERAGE CONTROLS, A., relating to the Residential Districts of R-4 and R-8, is to increase the lot requirements for the R-4 and R-8 districts, due to the fact that the City has a large amount of small lot subdivisions. 16. The amendment to 11-2-410, ZONING SCHEDULE OF BULK AND COVERAGE CONTROLS, A., footnote 8, is to define how the minimum lot size is determined so that streets, highways, alleys, roads, rights-of-way, irrigation easements, and some utility easements, are not included as part of the lot size. 17. The amendment to 11-2-410, D. 1. b., should be stricken as it is in conflict with the amendment to 11-2-409, ZONING SCHEDULE OF USE CONTROL, A. Residential, and the intent of the proposed amendment was to allow home occupation and family child care homes in the R-4 Residential District. 18. The amendment to Section 11-2-411, RESIDENTIAL HOUSING STANDARDS, D., is to set the minimum square footage of houses in the new R-2 and R-3 Residential Districts at 1,500 square feet and increasing the minimum square footage in the R-4 District to 1,400 square feet; the reason for these minimum square footages is due to the fact that the City of Meridian has an over abundance of small sized homes within the City limits. The amendment also changes the minimum square footages in the AMBROBE, FITZGERALD &CROOKSTON Attomeya an0 Counaelore P.O. BOK 427 MerlElan, IOello BSBA2 Talep~ona BBB-x481 R-8 and R-15 zones to 1, 301 square feet, but homes of smaller sizes, down to 1, 000 square feet, may be constructed in those zones if they are disbursed according to the percentages in the FINDING OF FACTS AND CONCLUSIONS OF LAW - PAGE 4 AMBROSE, FITZG ERALD 6 CROOKSTON Atlornaya antl Couneelora P.O. Boa <R] Merltllan, Itlalro 838AY Talaplwne SSSJ~S1 amendment throughout the subdivision. 19. The amendment to Section 11-2-411, RESIDENTIAL HOUSING STANDARDS, pertaining to duplex sizes, is to establish a minimum square footage for duplex units, and to state that a double garage is a minimum requirement. 20. The amendment to Section 11-2-411, RESIDENTIAL HOUSING STANDARDS, F., is to state that the disbursement of houses smaller than 1,350 feet within the subdivision does not apply to the Residential Districts of R-2, R-3 and R-4. 21. The amendment to Section 11-2-411, RESIDENTIAL HOUSING STANDARDS, is to add a new sub-section numbered I., which provides for manufactured housing; the provisions provide that manufactured homes shall be considered single family dwellings and may be placed in the R-8, R-15, R-40 and Old Town Districts; the provisions provide for regulations of manufactured houses; that there were no provisions for manufactured houses within the zoning ordinance and such are necessary since manufactured housing has become a viable housing option. 22. The amendment to Section 11-2-416, adds a new section to be known as L., and relates to development agreements; that the 1991 Legislature passed a provision that enabled cities to adopt provisions for development agreements upon the rezone of any property; that such agreements are an appropriate vehicle to assist the zoning and development of property. 23. The amendment to Section 11-2-417, is to renumber the two existing paragraphs and to add three additional paragraphs FINDING OF FACTS AND CONCLUSIONS OF LAW - PAGE 5 which relate to the City only being able to annex and zone property that is within the Meridian Urban Service Planning Area, and that if it is not in the Urban Service Planning Area that the applicant for annexation shall also apply for an amendment to the Comprehensive Plan to amend the Urban Service Planning Area; that the amendment also reflects that the City may also require the owner or developer making application for annexation and zoning to enter into a written commitment concerning the use and development of the property; that the amendment also authorizes the City Council to adopt rules governing the creation, form, recording, modification, and termination of commitments for development of the property, which commitments were entered into at the time of annexation and zoning. 24. The amendment to Section 11-2-416, E., PROCEDURE FOR HEARING AND NOTICE, is to adopt an expedited hearing procedure for conditional use applications in the industrial and commercial districts. 25. The amendment to Section 11-2-416, to add a new paragraph K. , known as REVOCATION, is to adopt in writing the existing policy of the City, which is that conditional use permits are subject to revocation by the City Council; the amendment establishes a procedure for revocation. 26. The action on 11-2-419, C. 2., is to remove the "self- AMBROSE, FIRGERALD B CROOKSTON Attorneys sne Counselors P.O. BDY sY7 Menoi.n, ia.no exez Telephone BBB.Npt inflicted" idea that previously existed to obtain a variance. The removal of the "self-inflicted" will make it easier for the City to grant variances but the other requirements will still restrict FINDING OF FACTS AND CONCLUSIONS OF LAW - PAGE 6 AMBROSE, FITZGERALD B CROOKSTON A~~omeys and Counselors P.O. Box OR7 MerlElan, Idaho SBB42 Telephone BBB~U81 the ability to obtain a variance and the requirements will still have to be met. 27. The amendment to Section 11-2-423, is to add to the Zoning Ordinance the penalties that are contained in the Subdivision and Development Ordinance. 28. The amendment to rezone Lots 16 and 17 in Block 2 of Bowers Addition, is to reflect the actual use of the lots and the proposed use. 29. The amendment to 11-2-425, is to reflect the addition of the Foreign Trade Zone and to reflect what areas would be in that zone. 30. The amendment to 11-9-601 C., JURISDICTION, is to reflect that the Subdivision and Development Ordinance only applies within the Meridian City limits, and not within the Area of Impact. 31. The repeal of 11-9-604 C. 4 c., is to reflect that the City of Meridian, rather than the applicant, now notifies the adjoining property owners of hearings. 32. The amendment to amend the first sentence of 11-9-604 C. 9 c., is to reflect that the City notifies the property owners. 33. The amendment to Section 11-9-604 H. 1 a., is to increase the number of copies of final plats that are required to be submitted. 34. The amendment to Section 11-9-605 B. 3 a., is to reflect an increase in the width in minor arterials to 80 feet from 66 feet. FINDING OF FACTS AND CONCLUSIONS OF LAW - PAGE 7 35. The amendment to Section 11-9-605 M., PIPING OF DITCHES, is to reflect that there has been problems with the previous requirement on piping of irrigation ditches where the ditches are in fact the property line and the property line runs down the middle or a portion of the ditch. The new provisions will supply guidance for such situations, and still require the piping of the ditch. 36. The amendment to Section 11-9-606, IMPROVEMENT STANDARDS, A. Responsibility for Plans and Requirements, is to reflect that any improvements included on the plat of a subdivision are the responsibility and liability of the subdivider and owner of the land being subdivided to install. 37. The amendment to the first paragraph of Section 11-9- 606 B., IMPROVEMENTS, Public, 14. Pressurized Irrigation System, is to remove the authorization to the City Engineer to establish rules and regulations and standards for pressurized irrigation systems and substitute that any such systems have to be approved by the City Engineer. 38. The repeal and re-enactment of Section 11-9-612 A. 2 b., is to remove from the variance procedure the "self-inflicted" requirement; this has been too restrictive and this amendment dove-tails the amendment to the variance procedure in the Zoning Ordinance. 39. The amendment to Section 11-9-613, adds a new section AM BROBE, FITZOERALD iCROOKSTON Allomeye entl Counselors V.O. Boz 42] MerlElen, ItlNo B3M2 TelsV~one 8BBa4l1 which allows the City to withhold, and elect not to issue, building, electrical, or plumbing permits, zoning certificates, FINDING OF FACTS AND CONCLUSIONS OF LAW - PAGE 8 AMBROSE, FITZG ERALD 6 CROOKSTON Attorneys end Counselors P.O. Box e27 Msdtllen, Itle~o 83802 Telsenona 88BJx81 or certificates of occupancy, due to violations of the Subdivision and Development Ordinance or the Zoning Ordinance. CONCLUSIONS OF LAW 1. That the requirements 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 recommend changes to the Zoning Ordinance and the Subdivision and Development Ordinance. 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 and amending the Zoning Ordinance and the Subdivision and Development Ordinance is a legislative function mandated by the Local Planning Act itself. 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 the procedures of 67-6509, Idaho Code, be met and thus Findings of Fact and Conclusions have been made. 5. That the Application itself is concluded to meet the requirements of the Local Planning Act. FINDING OF FACTS AND CONCLUSIONS OF LAW - PAGE 9 AMRROSE, F1T2G ERALO d CROOKSTON Allomaye end Counaslon P.O. Boz ~YT MarlElen, IEeNo 89M2 Telap~one BBBJ~61 6. That it is concluded that there has been changes in the area such as many smaller sized housing subdivisions developed and the addition of a foreign trade zone which warrant changes to the Ordinances and their substantive provisions. 7. That there have been circumstances which have arisen which make application of the present requirements of the Ordinances unworkable and too restrictive; examples of these situations are the "self-inflicted" requirement of the variance provisions, the piping of irrigation and waterways where the property line is the waterway, and home occupations and family child care facilities only being allowed in R-8 and R-15 Districts. 8. That there have been new developments and laws passed which require provisions to be made to provide regulation therefor; examples of theses situations are manufactured housing and development agreements. 9. That there have been situations arise where the enforcement provisions of the Ordinances have been ineffective to control the violations and additional enforcement means were necessary. 10. That it is concluded that the amendments are necessary to improve the Ordinances and that they are in the best interest of the City and its residents. 11. That there were no specific facts presented to the Commission other than its own thinking and items that the Commission can take judicial notice of. FINDING OF FACTS AND CONCLUSIONS OF LAW - PAGE 10 12. That the Commission concludes that the facts presented and the officially noticed facts are sufficient to amend the Ordinances. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions of Law. ROLL CALL: Commissioner Hepper Voted Commissioner Rountree Voted '~~9 Commissioner Shearer Voteci Commissioner Alidjani Votedf,% ~ _ Chairman Johnson (Tie Breaker) Voted The Meridian Planning and Zoning Commission hereby recommends AMBROBE, F1T2GERAlD B CROOKBTON to the City Council that the Planning and Zoning Commission's proposed Amendments to the Meridian Zoning Ordinance and Subdivision and Development Ordinances be approved and adopted. MOTION: APPROVED: / ~~~IC~ - DISAPPROVED: AtiMneye end Coune.lon FINDING OF FACTS AND CONCLUSIONS OF LAW - PAGE 11 P.O. Box ~R7 Mar101en, IMIro Q'N~7 TslePllone BBB~pE1