1992 01-28
A G E N D A
MERIDIAN PLANNING & ZONING
JANUARY 28, 1992
ITEM:
1: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT BY WTT.TTI~M HON: (APPROVED)
2: CONSIDERATION FOR AMENDING THE IMPACT AREA AND THE URBAN SERVICE PLANNING
AREA: (APPROVED)
iL MEETING MERIDIRN PLRNNING & ZONING JRN. 28 1992
The Special Meeting of the Meridian Planning & Zoning Commission
was called to order by Chairman Jim Johnson at 5:30 P. M.:
Members Present: Charlie Rountree, Jim Shearer, Moe Rlidjani,
Tam Hepper.
Others Present: Steve Hall, Jerrie Wolfe, Bill Hon, Wayne
Crookston:
ITEM #1: PUBLIC HEARING: REQUEST FOR CONDITIONRL USE PERMIT BY
WILLIAM HON:
Johnson: I will now open the Public Hearing. Is there someone
present to address the Commission?
William Hon, 3010State Street, Boise, was sworn by the attorney.
Hon: My request will be a Dairy Queen Restaurant of about 3,000
square feet. I have the architect present in case there are any
questions of him.
Hepper: Have you read the comments from ACHD?
Hon: Yes I did just a few minutes ago. It looks like everything
is okay.
Hepper: What kind of landscaping are you going to have along
East 1st Street?
Hon: The plan is to continue along E. 1st with the berm like
Nahas has done. It will be a similar arrangement.
Shearer: I was wondering how much of a hardship it would be on
you to extend the five foot sidewalk past your other lot, north
of the lot you are building on.
Hon: How far did you have in mind?
Shearer: Just by your property.
Han: Yes we planned on doing that.
Shearer: It is the East 1st sidewalk on the north side.
Rlidjani: Does the drive in portion go continuously around the
drive in?
Hon: Yes.
SPECIAL MEETING PLANNING & ZONING
JANUARY 28, 1992
Alidjani: Where would be your loading and unloading docks be?
I do have a problem with McDonald's the way it is.
Hon: Could my architect come up and show you?
Jerry Wolfe, 410 S. Orchard, Boise, was sworn by the attorney.
Wolfe: Presented a plan of the building to the Commission and
explained the layout.
Johnson: Any other questions of Mr. Wolfe? No response. Rnyone
else to testify? No response. Hearing none and seeing none I
will close the Public Hearing.
The Motion was made by Rountree and seconded by Shearer that the
Meridian Planning and Zoning Commission hereby adopt and approves
the Findings of Fact and Conclusions of law.
Roll Call Vote: Hepper - Yea; Rountree - Yea; Shearer - Yea;
Alidjani - Yea;
Motion Carried: All Yea:
The Motion was made by Rountree and seconded by Alidjani 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.
Motion Carried: All Yea:
ITEM #2: CONSIDERATION FOR AMENDING THE IMPACT AREA RND THE
URBAN SERVICE PLANNING RREA:
Crookston: So far as the area of impact now we are addressing
expanding the east boundary north and south a quarter mile west
of Cloverdale but the purpose of the meeting is to discuss and
make any recommendations to changes anywhere.
Discussion Held. (See Tape)
The Motion was made by Rountree and seconded by Shearer that we
change the area of impact for the City of Meridian to include
that area shown on exhibit "A" of City Records #537 and the south
portion referral area be added to the impact area and then the
north boundary of the City impact area add to the new impact area
boundaries the northern referral area extended to the west to
McDermott Road.
SPECIAL MEETING PLRNNING & ZONING
JRNUARY 28, 1992
PRGE 3
Motion Carried: R11 Yea:
The Motion was made by Rountree and seconded by Shearer to
return to the process to amend the impact area for the City of
Meridian and initiate contact with Ada County.
Motion Carried: All Yea:
The Motion was made by Shearer and seconded by Rountreeto adjourn
at 6:20 P. M.:
Motion Carried: R11 Yea:
(TRPE ON FILE)
APPROVED:
i'~ "'-~
IM JO S , CHRIRMRN
RTTEST:
JACK N EMANN, C~ Y CLERK
~-'pc: Mayor & Council
Planning & Zoning Members
File (1)
clt
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
WI!_LIAM HON
CONDITIONAL USE PERMIT
A PARCEL OF LAND IN THE NW 1/4 OF SECTION 18
MERIDIAN, IDAHO
AMBROSE,
FITZG ERA~D
d CROONSTON
Altorneya enJ
Counaelore
P.O. BoK It]
Merl0len, IEano
Bssez
TelePnone BBBi181
PRELIMINARY
FINDINGS OF FACT AND CONCLUSIONS
The above entitled matter having come on for public hearing
January 28, 1992, at the hour of 5:30 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
Use Permit was published for two (2) consecutive weeks prior to
the said public hearing scheduled for January 28, 1992, the first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at the January 28, 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 this property is located within the City of
Meridian and is owned by the Applicant and is described in the
application which description is incorporated herein.
3. That the property is zoned C-G General Retail and
FINDINGS OF FACT AND f,ONCLUSIONS OF LAW -- PAGE 1
Service Commercial, which requires a conditional use permit for
the operation of a drive-in facility which the application
requests; that the proposed use is a Dairy Queen restaurant with
a drive-in food service window.
4• That the C-G General Retail and Service Commercial is
described in the Zoning Ordinance, 11-2-408 B. 9 as follows:
(C-G) GENERAL RETAIL AND SERVICE CDMMERCIAL: 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 an allowed
conditional use in the C-G district pursuant to 11-2-409 B., but
does require a conditional use permit pursuant to 11-2-409 6.,
Drive-in Establishments.
6. That other property in the area is used commercially and
as farm ground; that one other establishment in the area has
drive-in food service window; that the present use of property is
farm ground and for a farm produce sales operation.
7. That proper notice has been given as required by law
and all procedures before the Planning and Zoning Commission have
AMRROSE,
FIT2GERALD been iven and followed.
g
E CROOKSTON
8. That sewer and water is available to the property.
Attorneys anE
COUn9elora
R.o. BOa .]l
MerlGlan, IEaAo FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 2
B38~P
Telephone BBBJa81
AMBROSE,
F1T2G ERALD
S CROOKSTON
Attorneys end
Counealora
P.O. Boa 02]
Meritl lan, IEMo
essax
TelePnone BBB-a,81
9. That the City Engineer may submit comments and they
shall be incorporated herein as if set forth in full herein.
10. That the Ada County Highway District (ACHD) may submit
comments and they will be incorporated herein as if set forth in
full herein.
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
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, 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 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.
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 any comments of the City Engineer and the Ada
AMBROSE,
FITZG ERALD
d CROOKSTON
Aflorneye one
Counselors
P.O. Box t2]
Marla lan,leano
eaBez
Telepnone BB&eeel
County Highway District, Nampa & Meridian Irrigation District and
other governmental agencies must be met and complied with.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 4
i ~ ~
t
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 VOTE D
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 and that the property be
required to meet the water and sewer requirements, the fire and
life safety codes, and the Uniform Building Code, and other
Ordinances of the City of Meridian and shall be subject to site
planning review.
MOTION:
AMSROSE,
FITZG ERALD
B CROOKSTON
Attorneys antl APPROVED:~~`-' ` DISAPPROVED' --
--
Counaelora 1_
P.O. Box a2]
Meritl len, Itlaho
eaeaz FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 5
Telephone SSS~Kdet