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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