1991 02-12
A G E N D A
MERIDIAN PLANNING & ZONING
FEBRUARY 12, 1991
ITEM:
MINUTES OF THE PREVIOUS MEETING HELD JANUARY 8, 1991: (APPROVED)
MINUTES OF THE SPECIAL MEETING HELD JANUARY 22, 1991: (APPROVED)
1: PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING BY LINDA
ARNOLD: FINDINGS TO BE PREPARED)
2: FINDINGS OF FACT & CONCLUSIONS OF LAW ON REQUEST FOR PUD
GENERAL BY GEMTONE, INC. (APPROVED)
3: PUBLIC HEARING: PRELIMINARY PLAT ON CRYSTALSPRING SUBDIVISION: (APPROVED)
4: PUBLIC HEARING: REQUEST. FOR CONDITIONAL USE PERMIT BY JOHN
JACOBS FOR ONE CHAIR BARBER SHOP: (APPROVID)
5: REQUEST FOR VACATION OF WALKWAY EASEMENT IN SETTLERS VILLAGE
BY STEIN WOOD: (RECO~ENp APPROVAL TO CITY COUNCIL)
MERIDIAN PLANNING & ZONING FEBRUARY 12, 1991
The Regular Meeting of the Meridian Planning & Zoning Commission was called to order by
Chairman Jim Johnson at 7:30 P.M.:
Members Present: Charles Rountree, Jim Shearer, Moe Alidjani, Tim Hepper:
Others Present: David Powell, Oscar & Anita Kash, Robert & Sue Roberts, Arthur
Bealle, Chris Talley, D. Dwain Gugin, Stan & Pamela Wood, George Wilhelm, Thomas
Wright, Ethel Hawkins, John Calhoun, Terry Nyberg, Mike Preston, Pat Kol Max A.
Boesiger Jr., Wayne Crookston, John Jacobs:
MINUTES OF THE PREVIOUS MEETING HELD JANUARY 8, 1991:
The Motion was made by Rountree and seconded by Shearer to approve the Minutes of
the previous Meeting held Janaury 8, 1991 as written:
Motion Carried: All Yea:
MINUTES OF THE SPECIAL MEETING HELD JANUARY 22, 1991:
The Motion was made by Rountree and seconded by Shearer to approve the Minutes of
the Special Meeting held January 22, 1991 as written:
Motion Carried: All Yea:
ITEM #1: PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING BY LINDA ARNOLD:
Johnson: I will now open the Public Hearing, is there someone from the Public who
would like to come forward and addess the Commission, if so please come forward and
be sworn.
Dave Powell, 1802 N. 33rd St., was sworn by the attorney.
Powell: The project is a fifty acres parcel, located on Pine a short distance
west of the intersection of Linder Road and Pine. The proposal will be to develop
the fifty acre site into multiply phase single family development. It is proposed
at this time to have the project zoned R-8 in a hope that we can have some kind
of a mix that we can have some duplex and some single family residential.
Rountree: You indicated there would be a mix of residential either duplex or.
single family dwellings do you have a concept plan?
Powell: Not at this time. We are waiting until we find out whether or not we get
annexation before we actually do any conceptual planning. We are going the R-8 Zone
because it allows the duplex and single family developments without requiring any
of these special provisions in this ordinance, so that's the zone that we are
requesting at this time.
Rountree: With the Duplex Concept your looking at rental or owner occupied?
Powell: I don't believe that there will be any rental concept. I don't know whether
or not from a sales standpoint whether she would consider writing in special provisions
that the rental situation would be excluded.
Rountree: What kind of financing have you considered or have you considered financing
types for this?
MERIDIAN P & Z
FEBRUARY 12, 1991
PAGE #2
Powell: Right now I not completely clear on what the developers mode of financing
is. Mrs. Arnold and her husband are moving to Boise to finance and see the
construction for the first phase and I don't know whether she has financing taken
care of at this time.
Rountree: Did you see the comment from the City Engineer that would indicate that
there would be no direct access from any lots on Pine Avenue?
Powell: Yes. No problem with access.
Rountree: Does the presence of the road create any grief with the way you propose
to develop?
Powell: I put a couple of concepts before the owner, one of which would be to
possibly do a slide over X on the streets and actually create an earth and burin along
the Railroad and then possibly even a wooden fence to give further sound barrier. We
have also discussed having a slight green belt around the perimeter, which would also
outline the existing eight mile lateral to give a slight buffer in that area to.
Johnson: Anyone else to testify? Hearing no response, I will close the Public Hearing.
Rountree: It would be nice to have a more concrete concept before we advance it through
the zoning.
The Motion was made by Rountree and seconded by Alidjani to have the attorney prepare
Findings of Fact and Conclusions of Law.
Motion Carried: All Yea:
ITEM #2: FINDINGS OF FACT & CONCLUSIONS OF LAW ON REQUEST FOR PUD GENERAL BY GEMTONE,
INC.:
Rountree: I think the conclusions should be amended to reflect that access on
Fairview be limited to no more than #4, accesses that would jointly serve adjoining
subdivison parcels.
The Motion was made by Rountree and seconded by Shearer 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 - Yea; Alidjani - Yea:
Motion Carried: All Yea:
The Motion was made by Rountree and seconded by Shearer that the Meridian Planning
and Zoning Commission hereby recommends to the City Council of the City of Meridian
that the Council approve the Conditional Use Permit requested by the Applicant for
the property described in the application under the conditions contained herein,
MERIDIAN P & Z
FEBRUARY 12~ 1991
PAGE #3
specifically 11-9-607 of the Revised and Compiled Ordinances of the City of Meridian;
Limiting to four the number of access points off of Fairview Avenue East of North
Hickory Avenue, access points to be on the common lot lines. That any Conditional
Use granted by conditioned on compliance with the conditions herein and that the
Conditional Use be revoked for failure to comply with the conditions.
Motion Carried: All Yea:
ITEM #3: PUBLIC HEARING: PRELIMINARY PLAT ON CRYSTALSPRING SUBDIVISION:
Johnson: I will now open the Public Hearing, is there anyone present who wishes
to address the Commission, if so please come forward and be sworn.
Duane Gugin, 1692 Todd Way, was sworn by the attorney.
Gugin: I have a few questions. I live in the subdivision to the west of this
proposed subdivision. What are the prices ranges of these homes?
Johnson: We don't have prices, we have lot sizes. Minimum footage is 1400 sq. feet, so
your probably looking at around $80,000. to $90,000. price range.
Gugin: Question number two, I believe that Mr. Boesiger proposed to build another
subdivision on the southwest corner of Linder and Cherry Lane approximately six months
ago. Did that pass may I ask?
Johnson: It passed, but he dropped it.
Gugin: 120 Units is not a great deal and yet I have one question, in Suhnybrook
Farms at the present times, during the summer especially we have a water pressure
situation out there where it is very low, what is this going to do to our subdivision?
Johnson: That's a good question, I don't think anyone here is able to answer that.
The City Engineer is the one to answer that. You could contact him concerning this
water pressure problem.
Boesiger: We are looking at between $95000. and $125,000. price range.
Gugin: With only one access into this what is this going to do to the traffic
pattern? Cherry Lane is already congested. Also this 120 homes is not going to help
our schools. Are they going to offer help or .promote help in pursuant to their
subdivision to our schools?
Johnson: That's something that you need to ask the schools.
Johnson: At this time we'd like a representative to come forward so we can ask
some questions please?
Mike Preston, with Hubble Engineering, 420 Bitteroot Drive, was sworn by the attorney.
Preston: In relation to Mr. Smith's comments we can concur with the conditions put
on us in relation to the various technical issues. Explained on one of the
culdesacs they will betaking one home out as to meet the width requirements. We
are proposing to install eight street lights. We are also proposing to complete
MERIbIAN P & Z
FEBRUARY 12, 1991
PAGE #4
the irrigation system in the same format that we understand the City required of the
Cherry Lane Project. In relation to the traffic situation, I concur that the traffic
on Cherry Lane certainly will handle this amount of traffic, it does add a little
over 1,000 cars per day. Up in our northeast corner of our subdivision the Settlers
Canal runs through there and next to the Glennfield No. 2 Subdivision because of the
way that was constructed there is a problem with access. Read letter from Settlers
and read the two alternatives stated by Settlers'. The canal company has never
gained access from this property they have always been able to get into it from the
other side. We don't feel like we should be penalized for something that wasn't
built correct. We have expressed this to Settlers', and have stated that we would
be in agreement to work with them. I would encourage that maybe a condition be
put on the plat that at least Settlers' work with us on this to get the problem
resolved.
Alidjani: Asked about some of the Engineer's comments.
Preston: Essentially what we are saying is that we can concur with all the Engineer's
comments. The lots will all be 8,000 sq. foot, they will all have 70 foot minimum
width. The technical specifications on sewer and such we concur with Mr. Smith and
we have no problem with getting those resolved. ACRD did approve this subdivision
with two site specific requirements. One being, dedicate 33 feet of right of way
from the center line of Cherry Lane, and two is curb, gutter and a five foot side-
walk and match paving constructed on Cherry Lane, improvements shall be constructed
to a 52 foot back to back street section. We will concur with both of these.
Rountree: What are you proposing as far as landscaping or burros along Cherry Lane?
Preston: At our entry we will have an island which will be landscaped. It doesn't
show it on the preliminary plat but it will be there. There will be a burro along
Cherry Lane which will be maintained by the property owners.
Rountree: On your preliminary plat it talks about any storm water drainage thats greater
than that that can be handled by the existing drain, it says its going to be handled
in detention basins, I don't see detention basins shown on the plat.
Preston: They are along the drainage, they are hard to see. We've modified our
thinking since then and will probably have some pond systems right next to the drain.
There will be a detention system.
Rountree: You show a tie in to a street in Sunnybrook which would require some type of
structure accross Nine Mile, is that going to be culvert, bridge, or do you know at
this point?
Preston: We're certain that we can get by with a culvert at that point.
Hepper: Are you going to be doing this in phases?
Preston: Yes probably at least four phases. First Phase will be about 32 or 33
lots.
Hepper: You stated you'd have similar irrigation system as Cherry Lane, is that to
have the dry lines first and then later on hook up the system?
Preston: We weren't involved in that, but that is our understanding, yes.
MERIDIAN P & Z
FEBRUARY 12r 1991
PAGE #5
Heppe,: Is that what you have in mind for this is dry lines for the first phase?
Preston: If that meets the City Standards, yes.
Crookston: Are you planning on a mandatory property owners association?
Preston: Yes.
Johnson: For the record, what is your understanding of the average value of a home?
Preston: Mr. Boesiger indicated $90,000 to $125,000. in that ball park.
Johnson: Did you have any discussions at all with Engineer Smith about water pressure?
Preston: No.
Johnson: Anyone else to testify?
Debbie Moss, 1890 Kristen Way, was sworn by the attorney.
Moss: Explained concerns about traffic problems on Cherry Lane.
Johnson: Anyone else to testify, hearing no response I will close the Public Hearing.
Rountree: As I understand it the comments from ACHD state that they are to improve
Cherry Lane at this access point, is that right?
Clerk Niemann: Yes, they have approved it.
Johnson: I think that the traffic speeds on Cherry Lane should be something that
is referred to the City Council and maybe the TransportationCo~mnittee.
Johnson: I will Open the,Public Hearing. again to enter into the record a letter
received from Mark W. Crane asking that the Settler's ditch that runs along the
east boundary be tiled. The Public Hearing is again closed.
The Motion was made by Heppe, and seconded by Shearer to recommend approval of the
Preliminary Plat on Crystalspring Subdivision provided that the issue of the ditch
is resolved with Settlers Irrigation and the comments of all other agencies and staff.
Motion Carried: All Yea:
ITEM #4: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT BY JOHN JACOBS FOR ONE
CHAIR BARBER SHOP:
Johnson: Is there any one present who wishes to testify, the Public Hearing is now
open. I will enter into the :record a:letter received from Don &_Nancy_Brigham
in opposition to this request.
John Jacobs, 1432 E. 2z Street, was sworn by the attorney.
Jacobs: I'm proposing a one chair barber shop for my wife, she has had a business in
town since 79 and this is just a relocation. We will have off-street parking for
two cars. All customers are by appointment only, she has four to five days a week with
customers.
MERIDIAN P & Z
FEBRUARY 12, 1991
PAGE #6
Hepper: You've read the comments from the City Engineer?
Jacobs: As far as a fence, yes.
Hepper: It says here also about an extra assessment fee for one extra sewer and
water.
Jacobs: Yes I read that. No problem with that.
Hepper: The parking spaces you'll have two spaces for the residence plus two more
for the customers.
Jacobs: There shouldn't be more than one car there at a time unless maybe there
is an overlap, because its appointment only.
Rountree: You indicated its by appointment only I assume from that you
won't be doing any on street advertising like signs?
Jacobs: There will be a small sign, it wouldn't obstruct traffic or anything like
that.
Alidjani: This building is already existing or are you going to build on for the
one chair barber shop?
Jacobs: This is an existing shop on the garage.
Crookston: We do have a sign ordinance and you will have to meet that if a sign
is put up.
Jacobs: That's no problem.
Johnson: Is there anyone else from the Public to testify?
Arthur Beach, 403 Gruber Avenue, was sworn by the attorney.
Beach: I would like to express my whole hearted approval of Mr. Jacobs request.
In no way will this hurt anybody in the area. I strongly urge your approval of
this project.
Johnson: Anyone else to testify? Hearing no response the Public Hearing is now closed.
We do have the preliminary findings prepared on this. A comment for the record with
respect to the letter we received and entered into the Public Hearing from Mr. Brigham,
his property is already zoned commercial.
The Motion was made by Alidjani and seconded by Shearer to hereby adopt and approve
these Findings of Fact and Conclusions.
Roll Call Vote: Hepper - Yea; Alidjani- Yea; Rountree - Yea; Shearer - Yea:
Motion Carried: All Yea:
MERIDIAN P & Z
FEBRUARY 12, 1991
PAGE #7
The Motion was made by Shearer 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 Conditional Use Permit requested by the Applicant for the property
described in the application, subject to the conditions stated herein.
Motion Carried: All Yea:
ITEM #5: REQUEST FOR VACATION OF WALKWAY EASEMENT IN SETTLERS VILLAGE BY STEIN WOOD:
Shearer: It appears that there are some surface drainage pipes in that easement and
a possibility for some public utilities - -
Clerk Niemann: All he wants is to get rid of that walkway easement, he doesn't care
if the easement is there for utilities or irrigation.
Discussion (TAPE ON FILE)
The Motion was made by Rountree and seconded by Shearer to recommend approval to the
City Council for this request for vacation of walkway easement.
Motion Carried: All Yea:
Clerk Niemann: There will be an information meeting tomorrow night at City Hall on
the flood plain areas.
The Motion was made by Rountree and seconded by Shearer to adjourn at 8:35 P.M.:
Motion Carried: All Yea:
APPROVED:
I aCv- ~-'-'l
IM OHS , CHAIRMAN
ATTEST:
pc: Mayor & Council
P & Z Members, Atty.,
Bldg, Eng., Police,
Ward, Stuart, Hallett,
Valley News, Statesman,
ACHD, NMID, CDH,Settlers,
Gass
Mail (5) File (5)
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BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
LINDA J. ARNOI_D
ANNEXATION AND ZONING APPLICATION
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled annexation and zoning application having
come on for consideration on February 12, 1991, 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 Commission having
heard and taken oral and written testimony and the applicant
having appeared and the Commission having duly considered the
matter, the Planning and Zoning Commission makes the following:
FINDINGS OF FACT
1. That notice of public hearing on the annexation and
AMBROSE,
FITZG ERALD
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zoning was published for two (2) consecutive weeks prior to the
said public hearing schedule for February 12, 1991, the first
publication of which was fifteen (15) days prior to said
hearing; that the matter was duly considered at the February 12,
1991, 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
AM BROSE,
FIT2GER~LO
B CROOKSTON
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stations.
2. That the property included in the application for
annexation and zoning is described in the application, and by
this reference is incorporated herein; that the property is
approximately 50 acres in size; that it is a rectangular parcel
of land with regular boundaries; it is adjacent to and on the
south side of Pine Street and it has frontage along Pine Street;
the property is east of Linder Road but does not abutt Linder
Road.
3. That the property is presently zoned by the county as
D-2; the proposed use would be for single family and duplex
residential development; the applicant proposes to have the
property zoned as R-8 residential.
4. The general area surrounding the property is used as
farm ground and residences; that within the section there is
annexed industrial ground and some area is in the City and is
zoned R-4; the Meridian High School is north of Pine Street in
the same section and in the general area.
5. That the property is adjacent and abutting to the
present City limits.
6. The Applicant is the owner of the property.
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 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.
The parcel is included in the area designated by the
Comprehensive Plan as the Warrior Neighborhood.
9. That the Application requests that the parcel be
annexed and zoned as set forth in paragraph 3 above and the
Applicant proposes to develop the property in the fashion
allowed in the requested zone, with some single family
dwellings and some duplex dwellings; that the Applicant did not
present a development plan.
10. That if the land were annexed at this time the City
would be obligated to provide, at a minimum, police and fire
protection services.
11. That the property can be serviced with City water and
sewer at this tune and such are available. If annexed, upon
development, the parcel would have to be connected to City sewer
and water pursuant to the Ordinances of the City at the expense
of the Applicant.
12. Ada County Highway District submitted comments and
such are incorporated herein as if set forth in full.
13. That the City Engineer, Central District Health
Department and Nampa-Meridian Irrigation district submitted
comments and such are incorporated herein as if set forth in
full herein.
14, That the R-4 Low Density Residential District is
AMBROSE,
FITZG ERALO
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described in the Zoning Ordinance, 11-2-408 B. 1, as follows:
(R-4) Low Density Residential District: The purpose
of the R-4 District is to permit the establishment of
tow density single-family dwellings, and to delineate
those areas where predominately residential
development has, or is likely to occur in accord with
the Comprehensive Plan of the City, and to protect the
integrity of residential areas by prohibiting the
intrusion of incompatible non-residential uses. The
R-4 District allows for a maximum of four (4) dwelling
units per acre and requires connection to the
Municipal Water and Sewer systems of the City of
Meridian.
15. That the (R-8) Medium Density Residential District is
described in the Zoning Ordinance, 11-2-408 B. 2. as follows:
(R-8) 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) dwellings per
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 of the City of Meridian
is required.
16. That the predominant residential land use in the area
is single family dwellings.
17. That proper notice was given as required by law and
all procedures before the Planning and Zoning Commission were
given and followed.
18. That there was no testimony at the hearing objecting
to the Application.
CONCLUSIONS OF LAW
1. That all the procedural requirements of the Local
AMBROSE,
F17ZGERALD
B CROOKSTON
Attomays 1nE
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P.O. Boa 12T
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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 pursuant to 11-2-417 of the
Revised and Complied 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 by the standards
contained in Section 50-222, Title 67, Chapter 65, Idaho Code,
the Meridian City Ordinances, Meridian Comprehensive Plan 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 compiled 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 by
AMBROSE,
FnZGERAID
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Attomsye an0
Counselors
P.O. BOx e2]
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the Applicant and the owners, and the annexation is not upon the
initiation of the City of Meridian.
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 pursuant to 67-6512, Idaho Code, and
Section 11-2-418 D of the City Zoning Ordinances.
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, at her own cost,
will be required to connect to Meridian water and sewer upon
development; that the property will be subject to the
requirements of the Ada County Highway District, and the
requirements of the Central District Health Department, the
Nampa and Meridian Irrigation District, and the comments of the
City Engineer.
10. That since the Applicant's property is in the Warrior
Neighborhood as designated in the Comprehensive Plan, the
annexation and zoning Application is in conformance with the
Comprehensive Plan.
11. That it is concluded that the annexation and zoning
would be in the best interests of the City of Meridian.
12. Therefore, based on the Application, the testimony and
AMBROSE,
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evidence, these Findings of Fact and Conclusions of Law, and the
Ordinances of the City of Meridian, it is ultimately concluded
that the annexation of the Applicant's property is reasonable
and is in the best interests of the City of Meridian and that
Applicant's property should be annexed and zoned, the exact
zoning to be investigated and determined by the City Council;
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.
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
Commissioner Rountree
Commissioner Shearer
Commissioner Alidjani
Commissioner Johnson (Tie Breaker)
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Voted
DECISION AND RECOMMENDATION
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The Meridian Planning and Zoning Commission hereby
recommends to the City Council of the City of Meridian that they
approve the annexation subject to the conditions stated herein,
but recommend that zoning of the property be further
investigated including having the Applicant designate what areas
would be single family development and what would be developed
as duplexes and then appropriate zones established. A concept
plan for development should also be presented to the City
Council prior to final decision.
MOTION:
APPROVED i.-f~ry~`'---- DISAPPROVED:
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BEFORE THE PLANNING & ZONING COMMISSION OF THE CITY OF MERIDIAN
JOHN AND BEVERLY A. JACOBS
CONDITIONAL USE PERMIT
1432 E. 2 1/2 STREET
MERIDIAN, IDAHO
PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LAW
AMBROSE,
FITZGERALD
6CROOKSTON
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The above entitled matter having come on for public
hearing February 12, 1990, 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 of law:
FINDINGS OF FACT
1. That a notice of public hearing on the Conditional Use
Permit was published for two (2) consecutive weeks prior to the
said public hearing scheduled for February 12, 1991, the first
publication of which was fifteen (15) days prior to said
hearing; that the matter was duly considered at the February 12
1991, hearing; that the public was given full opportunity to
express comments and submit evidence; and that copies of all
notices were available to newspapers, radio and television
stations;
FINDINGS OF FACT & CONCLUSIONS OF LAW
PAGE 1
2. That this property is located within the City of
Meridian and is owned by the Applicants and is described in the
application, which description is incorporated herein as if set
forth in full; the property is generally known by the address
1432 E. 2 1/2 Street, Meridian, Idaho; that the property fronts
on East 2 1/2 Street; the proposed use of the property is to
operate a one chair barber shop.
3. That the property has not been used for a commercial
business in the past. The parcel is zoned R-8 Residential
according to the present zoning maps. The surrounding property
is also zoned residentially.
4. The R-8 District does not allow the proposed use as a
permitted use or as an allowed conditional use and therefore
requires a conditional use permit under 11-2-407 D. 1., for the
operation of the use the application requests.
5. That the R-8 Residential District is described in the
Zoning Ordinance, 11-2-408 B. 2 as follows:
(R-8) Medium Density Residential District: The
purpose o the R- District is to permit the
establishment of single and two family dwellings at a
density not exceeding eight (8) dwelling units per
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.
AMBROSE,
FITZGERAlO
d CROOKSTON
Aliwneys and
GOUPNIOfB
P.O. eov r27
MMMl~n, 10No
87812
TBNp8ona 88&1181
6. That the use proposed by the Applicant is not a
specifically enumerated allowed conditional use in the R-8
FINDINGS OF FACT & CONCLUSIONS OF LAW
PAGE 2
i .
•
District, but pursuant to 11-2-407 D., USES NOT SPECIFICALLY
PERMITTED OR LISTED IN DISTRICTS, when a use is not specifically
listed as a permitted use, such use may be permitted by
conditional use if the use is similar to and compatible with
listed permitted uses; permitted uses in the R-8 District are
single-family dwellings, two-family dwellings, home occupations
under an accessory use permit, and family child care homes under
an accessory use permit; there are several occupations and
businesses that are allowed as conditional uses in the R-8
District.
7. That the properties surrounding the subject property
are generally zoned residential and are so used.
8. That the immediate past use was for the subject
property is residential; that the applicant will continue to use
the property as a residence and will conduct the barber shop;
that the barber shop will not be located in the residence but
will be located in a separate structure; that there will be off-
street parking available for the barber shop.
9. That sewer and water service are available to the
subject property.
10. That proper notice has been given as required by law
and all procedures before the Planning and Zoning Commission
have been given and followed,
11. That the Applicant has submitted the names of the
AMBBO6E,
FITZGEBALD
S CflOOKBTON
Allomeys antl
Counselors
P.O. BOZ 127
Msrltlbn, Itleno
83612
Telaptane 88&1181
people owning property within 300 feet of the property but their
approval of the use of the property is not presently required in
FINDINGS OF FACT & CONCLUSIONS OF LAW
PAGE 3
the R-8 District.
12. That these findings of fact have been prepared prior
to the hearing as preliminary findings and as a result of the
public hearing and testimony may have to be amended.
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 Complied Ordinances of the City
of Meridian, Idaho;
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
AMSROSE,
FITZGERALD
d CROOKSTON
Attomeye an0
Counsebrs
G.O. Boz t2T
MMEMn.ICNo
eaerz
TslpMns SS&1eB1
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
FINDINGS OF FACT & CONCLUSIONS OF LAW
PAGE 4
Zoning Commission preliminarily concludes as follows:
a. The use, would in fact, constitute a conditional
use and a conditional use permit is required by
ordinance if the proposed use is to be permitted.
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 from a zoning standpoint, the use should not
be hazardous nor should it be disturbing to existing
or future neighboring uses, if operated in accordance
with the conditions contained herein,
e. The sewer and water service must be connected to
the structure in which the barber shop is located.
f, The use would not create excessive additional
requirements at public cost for public foci lities and
services and the use would not be detrimental to the
economic welfare of the community.
g. The use should 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, if operated in
accordance with the requirements contained herein.
h. Sufficient parking for the property and the
proposed use must be provided as required by
ordinance.
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 comments may be submitted by the Ada County
AMSROSE,
FITZG ERAID
d CROONSTON
Attomaye antl
CounNbro
P.O. Soz fit)
Merltllan, IM~o
&9B~1
TeleOtgne BBB~NB1
Highway District, the Idaho Transportation Department, the
Central District Health Department, the Nampa & Meridian
Irrigation District, and the City Engineer; that those comments
FINDINGS OF FACT & CONCLUSIONS OF LAW
PAGE 5
are incorporated herein and shall be a requirement for issuance
of the conditional use permit at this time.
6. That all applicable fire, life safety, building codes,
and other codes and regulations that pertain to the proposed
business must be complied with; that the conditional use may be
revoked for violation of any of these conditions.
7. That these conclusions of law have been prepared prior
to the hearing as preliminary conclusions and as a result of the
public hearing and testimony may have to be amended.
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian Planning and Zoning Commission hereby adopts
and approves these Findings of Fact and Conclusions.
ROU_ CALL:
Commissioner
Commissioner
Commissioner
Commissioner
Chairman Johr
Hepper Voted Lr
I
Alidjani Voted
Rountree Voted
Shearer Voted
ison (Tie Breaker) Voted ,i
DECISION AND RECOMMENDATION
AMBROSE,
FIT2GERALD
b CROOKSTON
Attorneys mtl
DounNlon
P.O. BOY X27
Merltllan, IOallo
Bx~z
TsleR~one 88B~M1
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
FINDINGS OF FACT & CONCLUSIONS OF LAW
PAGE 6
,..
AMBROSE,
FIT2GERALD
d CROOKSTON
Attomsys me
Counesloro
v.o. eo..z~
M.eel.n, le.no
eaB.x
TaleyMn.8BBN81
for the property described in the application, subject to the
conditions stated herein.
MOTION:
APPROVED:,,^7
ii
DISAPPROVED:
FINDINGS OF FACT & CONCLUSIONS OF LAW
PAGE 7
Planning and Zoning Commission
Application of:John & Beverly Jacobs
1432 East 2 1/2 St.
i
chair barber shop
We are not In favor of a zoning change to allow this. At the
moment the parking lot already has 3 to 4 cars in it. Once a
street gets one commercial place on it, the street just goes
down hill unless the whole street changes. You also would have
a sign giving a bad Ulesz`
(~ ~ 1 /,
Signed J._~E~.~'~,'' ~,! ~<'~, /~j~ „~
Date ~/~ li ~~> 4~ ~-
,~
Don & Nancy Brigham
1403 East 2
1/2 St.
~" ~l
~~`~~''
1