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Whitmire RZ~)~ l~~y DATE: _ MERIDIAN PLANNING AND ZONING ~-- ' I AGENDA I TEM NUMBER ~ I APPLICANT :~b~,~ ~ tRZ+~ w REQUEST • . - O "~ L- o AGENCY COMMENTS: f ~ ~ ~~ MERIDIAN POLICE - MERIDIAN FIRE DEPT. - MERIDIAN CITY ENGINEER - ~`' MERIDIAN ATTORNEY - MERIDIAN POST OFFICE - MERIDIAN SCHOOL DISTRICT - MERIDIAN BUILDING DEPT. - ADA COUNTY HIGHWAY DISTRICT - ADA STREET NAME COMMITTEE - CENTRAL DISTRICT HEALTH - /-~"~' G~~ NAMPA MERIDIAN IRRIGATION - ~-~ SETTLERS IRRIGATION - IDAHO POWER - US WEST - INTERMOUNTAIN GAS - BUREAU OF RECLAMATION - MERIDIAN CITY ATTORNEY - MERIDIAN PLANN I.NG D I RECTOR - ~-- ~~~~~ OTHER COMMENTS: HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk RONALD R. TOLSMA JANICE L. GASS, City Treasurer CITY OF MERIDIAN MAX YERRINGTON GARY D. SMITH, P.E. City Engineer ROBERT D. CORRIE BRUCE D. STUART, Water Works Supt. WALT W. MORROW JOHN T. SHAWCROFT, waste water supt. 33 EAST IDAHO WAYNE S. FORREY, AICP KENNY W. BOWERS, Fire Chief MERIDIAN IDAHO 83(]42 Planner S Zoning Administrator W.L. "BILL" GORDON, Police Chief ~ WAYNE G. GROOKSTON, JR., Attorney Phone (208) 888433 • FAX (208) 887813 JIM JOHNSON Public Works/Building Department (208) 887-2211 Chairman-Planning Stoning GRANT P. KINGSFORD Mayor MEMORANDUM To: Mayor, City Council, Planning & Zoning Commission From: Gary D. Smith, P.E. Date: January 6, 1994 RE: WHITMIRE REZONE I have reviewed this submittal and offer the following comments for your information and or consideration as conditions of the applicant during the hearing process: 1. Sewer and Water Assessments: The present structure has paid an assessment of 1.0 Equivalent Residential Units. This should be adequate for a construction office use. However, we do reserve the right to review the water use after one year and make a re- assessment if appropriate. 2. Parkina: For an office use the Ordinance requires one (1) parking space for each 400 square feet of gross floor area. Size of spaces in accord with Zoning Ordinance. 3. Landscabina SlJrinklina Screening, Drainage Lighting, Pavinc~,~, and Stripina Shall be done in accordance with Section 2- 414 ( D ) - "Design Standards for Of f-Street Parking" of the City Zoning Ordinance. 4. Signs: The installation of any advertising sign shall be done in accordance with the Uniform Sign code as adopted by the City Council. (Section 2-415 - Signs) ~ f CENTRAL •• DISTRICT `~1"HEALTH Return to: DEPARTMENT ^^ BOISe REVIEW SHEET ^Eagle / ^ Garden City Rezone # (/ Meridian Conditional Use # ~^ Kuna Preliminary/Final/Short Plat ^ ACz ~ _ 1. We have no objections to this proposal. ^ 2. We recommend denial of this proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this proposal. ^ 4. We will require more data concerning soil conditions on this proposal before we can comment. ^ 5. Before we can comment concerning individual sewge disposal, we will require more data concerning the depth of ^ high seasonal ground water ^ solid lava from original grade ^ 6. W n approve this proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ^ 7. After written approval from appropriate entities are submitted, we can approve this proposal for: ^ Central sewage ^ Community sewage system ^ Community water well ^ Interim sewage ^ Central water ^ Individual sewage ^ Individual water ^ 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality: ^ Central sewage ^ Community sewage system ^ Community water ^ Sewage dry lines ^ Central water ^ 9. Street runoff is not to create a mosquito breeding probefm. ^ 10. This department would recommend deferral until high seasonal ground water can be determined rf other considerations indicate approval. ^ 11. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. 12. We will require plans be submitted for a plan reiew for any: ^ 13. ^~ Food establishment ^ Swimming pools or spas ^ Beverage establishment ^ Grocery store ^ Child Care Center DATE: .~~~1J .yJ Reviewed by: ~~ -='!~~~ .. CDHD 10-91 rcb f ~ r HUB OF TREASURE VALLEY ~_ OFFICIALS A Good Place to Live _. ~ .. COUNClLM WAYNE S. FORREY. AICP, City Clerk ~ TT V O~ ~ /~r ~ T'r\ T /~ ~ ROBEAT G E9 JANICEGASS.7reasurer j 1 i 11/~+"~++, 1Llj~y~ BRUCE D. STUART. Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney 33 EA$T IDAHO MAX YERRING JOHN SHAWCROFT, Waste Water Supt. Irk, ROBERT 0. CO KENNY BOWERS. Fire Chiet MERIDIAN, IDAHO 83642 . U~t 1~'°,r~a U~ ~o Chairman Zoning S BILL CORDON. Police Chief Phone (~) 888-4433 ~~~~ JIM JOHNSC GARY SMITH, P.E.. City Engineer FAX (208} 887-4813 /y Centennial Coorc GRANT P. KINGSFORD v , ~~ (,' 19D~ PATSY FEDRt Mayor Nglyp J ~RRIGAT/pN p S RAN CT TRANSMITTAL TO AGENCIES FOR COMlMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your comments and recommendations will be consideret~ by the Meridian ma>~ we have your answer by : ~ S i yY~'~ TRANSMITTAL DATE : 12-' 2 ' Q ~ REQUEST: f _;HE~RING DATE: ... .. f.. l i~1 d~ I-11-9y B Y : _~CTL.3~.~ C3v~,., ~ ~~..~~1..~~ LOCATION OF PROPERTY OR PROJECT: ~O ~'~ JIM JOHNSON P/Z MERIDIAN SCHOOL DISTRICT MOE ALIDJANI,P/Z 1ERIDIAN POST OFFICE (PRELIM AND FINAL PLATS) JIM SHEARER, P/I ADA COUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P/Z AOR PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT NfALTH GRANT KINGSFORD, MAYOR MpNPA MERIDIAN IRR.:OISTRICT RONALD TOLSMA, C/C SQTLERS IRRIGATION DISTRICT BOB CORRIE, C/C IDAfO POWER C0.-(PRELIM AND FINAL PLATS} BOB GIESLER, C/C -tl~: WEST (PRELIM AND FINAL PLATS) MAX YERRINGTON, C/C INTERMOUNTAIN GAS (PRELIM AND FINAL PLATS) BRUCE STUART, WATER DEPT. BUREAU OF RECLAMATION (PRELIM AND FINAL PLATS) JOHN SHAWCROFT, SEWER DEPT. CITY FILES BUILDING INSPECTOR OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: Nampa & Meridian Irigation POLICE DEPARTMENT Irrigation District has no comment on this CITY ATTORNEY application. GARY SMITH, P.E. ENGINEER WAYNE FORREY, AICP, PLANNER /~` Bill Henson, Foreman • , HUB OF TREASURE VALLEY OFFICIALS WILLIAM G. BERG, JR., City Clerk A Good Place to Live JANICEL.GASS,CityTreasurer GARY D. SMITH, P.E. City Engineer CITY OF MERIDIAN BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, waste water supt. 33 EAST IDAHO KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief MERIDIAN ,IDAHO 83642 WAYNE G. GROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM To: Planning & Zoning Commission, Mayor and City Council From: Wayne S. Forrey, Planning Directpr ~. Date: January 6, 1994 RE: REZONE REQUEST FROM R-8 TO LIMITED OFFICE (L-O) BY ROBERT AND FRAN WHITMIRE COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW WAYNE S. FORREY, AICP Planner 8 Zoning Administrator JIM JOHNSON Chairman ~ Planning & Zoning This zone change request from R-8 to L-O generally complies with the Meridian Comprehensive Plan and development objectives in this portion of the City. It is in the proximity of existing concentrated commercial neighborhood and other Limited Office Zoning which promotes the City's goal of clustered business uses and discourages strip development. A development agreement is required stipulating compliance with the City's site development standards and the Zoning Administrators and Building Inspector's checklist's. ~~ .. ~. ~~ Na --~ wti; firs; ~~ ~°~ C~ ~/s/9y ORDINANCE NO. ~ y Z AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 1, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to amend and change the zoning from R-8 Residential to L- O, Limited Office, for the described parcel in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property which is described as The South 198 feet of the East 110 feet of the SW 1/4 of the SE 1/4 of Section 1, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, EXCEPT a parcel of land for public right-of-way lying in the South 198 feet of the East 110 feet of the SW 1/4 of the SE 1/4 of Section 1, Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho, and more particularly described as follows: Beginning at the South one-quarter corner of the said Section 1; thence South 89°26'46" East 1,3.31.20 feet along the Southerly boundary of the said SE 1/4 of Section 1, which is also the centerline of Cherry Lane, to a point; thence North 0°12'46" West 25.00 feet to a point, also said point being the REAL POINT OF BEGINNING; thence continuing North 0°12'46" West 15.00 feet to a point; thence North 89°26'46" West 110.15 feet along a line 40.00 feet .Northerly of and parallel to the said Southerly boundary of the SE 1/4 of Section 1 to a point; REZONE ORDINANCE - WHITMIRE Page 1 n .. _ ~ ~ thence South 0°25'46" East 15.00 feet to a point; thence South 89°26'46" East 110.09 feet along a line 25.00 feet Northerly of and parallel to the said Southerly boundary of the SE 1/4 of Section 1 to the REAL POINT OF BEGINNING. be and the same is hereby rezoned from R-4 Residential to L-O, Limited Office, and Section 11-2-425, Official Zoning Maps is hereby amended to reflect the same. This rezoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian City Council on the request for rezone. Section 2. The Applicant shall t.ile all ditches, canals and waterways. Section 3. That if Applicant shall fail to meet the above conditions the property shall be subject to rezone back to R-4. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the Meridian City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this day of 1994. APPROVED: MAYOR -- GRANT P. KINGSFORD ATTEST: WILLIAM G. BERG, JR. -- CITY CLERK STATE OF IDAHO,) ss. County of Ada, ) I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS GENERALLY DESCRIBED AS A PORTION.OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 1, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE;" passed as REZONE ORDINANCE - WHITMIRE Page 2 n .~ ~ Ordinance No. , by the City Council Meridian, on the day of the same appears in my office. DATED this day of STATE OF IDAHO,) ss. County of Ada, ) and Mayor of the City of 1994, as 1994. City Clerk, City of Meridian Ada County, Idaho On this day of , 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR., known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. SEAL REZONE ORDINANCE - WHITMIRE Notary Public for Idaho Residing at Meridian, Idaho Page 3 MERIDIAN CITY COUNCIL MEETING: MARCH 1 .1994 APPLICANT: ROBERT AND FRAN WHITMIRE AGENDA ITEM NUMBER: 16 REQUEST: REZONE REQUEST A ENCY COMMENTS CITY CLERK: CITY EINGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: FINDINGS OF FACTS AND CONCLUSIONS OF LAW CITY POLIGE DEPT: "REVIEWED" CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live WILLIAM G. BERG. JR., City Clerk CITY OF MERIDIAN JANICE L. GASS. City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. sHAwcROI=T, waste water supt. 33 EAST IDAHO KENNY W. BOWERS. Fire Chief MERIDIAN W.L. "BILL" GORDON, Police Chief ,IDAHO 83642 WAYNE G. GROOKSTON, JR.. Attorney Phone (208) 888.4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM To: Mayor, City Council, Planning & Zoning Commission From: Gary D. Smith, P.E. Date: January 6, 1994 RE: WHITMIRE REZONE COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW WAYNE S. FORREY, AICP Planner 8 Zoning Administrator JIM JOHNSON Chairman -Planning 8 Zoning I have reviewed this submittal and offer the following comments for your information and or consideration as conditions of the applicant during the hearing process: 1. Sewer and Water Assessments• The present structure has paid an assessment of 1.0 Equivalent Residential Units. This should be adequate for a construction office use. However, we do reserve the right to review the water use after one year and make a re- assessment if appropriate. 2. Parking: For an office use the Ordinance requires one (1) parking space for each 400 square feet of gross floor area. Size of spaces in accord with Zoning Ordinance. 3. Landscabina, Sprinkling Screening, Drainage, Lighting Pavinq, and Striping: Shall be done in accordance with Section 2- 414 (D) - "Design Standards for Off-Street Parking" of the City Zoning Ordinance. 4. Signs: The installation of any advertising sign shall be done in accordance with the Uniform Sign code as adopted by the City Council. (Section 2-415 - Signs) HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live WILLIAM G. BERG, JR., City Clerk I S CITY GAR Y D. SM TH P.E. City Eng Weer OF MERIDIAN BRUCE D. STUART, Water Works Supt. JOHN T. sHAwcROFT, waste water supt. 33 EAST IDAHO KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief MERIDIAN ,IDAHO 83642 WAYNE G. GROOKSTON, JR., Attorney Phone (208) 888433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM To: Planning & Zoning Commission, Mayor and City Council From: Wayne S. Forrey, Planning Director 4. Date: January 6, 1994 11WI~ RE: REZONE REQUEST FROM R-8 TO LIMITED OFFICE (L-O) BY ROBERT AND FRAN WHITMIRE COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW WAYNE S. FORREY, AICP Planner & Zoning Administrator JIM JOHNSON Chairman ~ Planning 8 Zoning This zone change request from R-8 to L-O generally complies with the Meridian Comprehensive Plan and development objectives in this portion of the City. It is in the proximity of existing concentrated commercial neighborhood and other Limited Office Zoning which promotes the City's goal of clustered business uses and discourages strip development. A development agreement is required stipulating compliance with the City's site development standards and the Zoning Administrators and Building Inspector's checklist's. n ~OG'~T BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION ROBERT AND FRAN WHITMIRE REZONE APPLICATION 408 WEST CHERRY LANE FROM RESIDENTIAL (R-8) TO LIMITED OFFICE (L-O) MERIDIAN. IDAHO .FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing January 11, 1994, at the hour of 7:30 o'clock p.m., the Petitioners, Robert and Francille Whitmire not appearing, but appearing through their representative Sheryl Ott-Ward. 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 notice of a public hearing on the Rezone Application was published for two (2) consecutive weeks prior to the said public hearing scheduled for January 11, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the January 11, 1994, 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 Robert and Francille Whitmire, Whitmire Construction; Applicant being Cheryl Ott-Ward, The Real Estate FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 1 n Group. The property is described in the application which description is incorporated herein; that the property is presently zoned R-8 Residential; the area surrounding is a mix of commercial and residential use properties. 3. That the property to be re-zoned from R-8 to L-O is proposed to be used for construction's business office. 4. That this zone change request complies with the Meridian Comprehensive Plan and development objectives in this portion of the City. 5. That the L-0 District is described in the Zoning Ordinance, 11-2-408 B. 5 as follows: (L-O) LIMITED OFFICE DISTRICT: The purpose of the (L-O) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The L-O District is designed to act as a buffer between other more intense non-residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal Water and Sewer System of the City of Meridian is a requirement in this district. 6. That the property is located west of Meridian Road on Cherry Lane in area of mixed residential and commercial use. 7. Applicant feels this property would be compatible with other small businesses that have minimal traffic flow. 8. The circle driveway offers easy off access on Cherry Lane and feels that it would not impede the traffic flow. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 2 ~ n 9. Wayne Forrey, City Planner, commented that the property site is within the proximity of concentrated commercial neighborhood and other L-0 zoning which promotes the City's goal of clustered business uses and discourages strip development 10. The City Engineer, Gary Smith, commented that the present structure has paid an ,assessment of 1.0 Equivalent Residential Units; that this should be adequate for a construction office use; that water lines are located 12 feet east and north of street centerline; that sewer laterals are located on the west and south side of street centerline; that for office use the Ordinance requires one (1) parking space for each 400 square feet of gross floor area; that landscaping, sprinkling, screening, drainage, lighting, paving and striping shall be done in accordance with Section 2-414 (D) "Design Standards for Off-Street Parking" of the City Zoning Ordinance; that any advertising sign shall be done in accordance with the Uniform Sign code, (Section 2-415 - Signs). 11. That the Central District Health Department, Nampa & Meridian Irrigation District, Ada County Highway District and the Meridian Police Department submitted comments. 12. That the Ada County Highway District requires a minimum of 90-feet of right-of-way on arterials in an urban area, width sufficient for 5 traffic lanes, 5-foot sidewalks, and bicycle pathways. 13. That the property is located on Cherry Lane and it is designated an Entryway Corridor in the Comprehensive Plan; the Entryway Corridors Goal Statement includes the following statement: FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 3 ~ n 4.4U Encourage 35-foot landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors. 14. That there have been recent zoning changes along Cherry Lane to allow commercial and limited office uses, including dental and orthodontic offices, insurance offices, day care, and there have been such uses along Cherry Lane for some period of time. 15. There were no comments given at the public hearing objecting 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 Applicants' property. 2. That the City has the authority to take judicial notice of its own ordinances, other governmental statues and ordinances, and of actual conditions existing within the City and state. 3. That the City of Meridian has authority to place conditions upon granting a zoning amendment. 4. That the City has judged this Application for a zoning amendment upon the basis of guidelines contained in Section 11-2- 416 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record. submitted to it and the things of which it FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 4 ~ ~ can take judicial notice. 5. That 11-2-416 (K) of the Revised and Compiled Ordinances of the City of Meridian sets forth standards under which the City shall review applications for zoning amendments; that upon a review of those requirements and a review of the facts presented and conditions of the area, the Planning and Zoning Commission specifically concludes as follows: (a ) The new zoning would be harmonious with and in accordance with the Comprehensive Plan and no Comprehensive Plan amendment is required. (b) The property located on 408 West Cherry Lane is designed for residential but there are other uses which support residential needs and a mix of those uses and a rezone of the subject property for use as a construction business office is in line with that use. (c) The area around the proposed zoning amendment property is in the proximity of existing concentrated commercial neighborhood and other Limited Office Zoning which promotes the City's goal of clustered business uses. (d) There has not been a change in the area or adjacent area which may dictate that the property should be rezoned but the property will be developed in a fashion which comports with the existing development and the planned residential development in the area. (e) That the property must be designed and constructed to be harmonious with the surrounding area. (f ) The proposed use should not be hazardous or disturbing to the existing or future uses of the neighborhood. (g) The property will be able to be adequately served with public facilities, and connection to municipal sewer and water is required. (h) The proposed use would not create excessive additional requirements at public cost for public facilities and services and would not be detrimental to the economic welfare of the community. (i) The proposed use should not involve any detrimental activity to any person's property or the general welfare. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 5 (j) Development should not cause a significant increase in vehicular traffic and should not interfere with surrounding traffic patterns. (k) That this rezone will not result in the destruction, loss or damage of any natural or scenic feature of major importance. (1) The proposed zoning amendment is in the best interest of City of Meridian. 6. It is further concluded that the comments, recommendations and requirements of the City Engineer, Central District Health Department, and Nampa Meridian Irrigation District, will be met and complied with. 7. The requirements of the Ada County Highway District shall have to be complied with. 8. As a condition of rezoning, if there is room, the property shall meet the requirements of the Entryway standard of a 35 foot landscaped set back. 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 CHAIRMAN JOHNSON (TIE BREAKER) FINDINGS OF FACT AND CONCLUSIONS OF LAW VOTED ~` VOTED VOTED_ ~~~'~-~ VOTED ~,~''" VOTEDR Page 6 DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Rezone requested by the Applicant for the property described in the application with the conditions set forth in these Findings of Fact and Conclusions of Law and that the property be required to meet the water and sewer requirements, Sewer Department requirements, the Nampa Meridian Irrigation requirements, the fire and life safety codes, and the Uniform Building Code, and other Ordinances of the City of Meridian; and that the Applicant meet the 35 foot landscaped set back required under the Meridian Comprehensive Plan. MOTION: APPROVED: ~'~- DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 7 ~. ~~~ ~~ .~~, TAMES E. ~3RUCE, President G~E~~1N J. RHODES. Vice President ~~ERRY R HUBER Secretary TO: January 5, 1994 Cheryl Ott 1323 E. 1st Meridian ID FROM: Larry Sale Developm~ Street 83642 -'Super i or Se SUBJECT: MERIDIAN REZONE - 408 CHERRY LANE /'\ I~EC~I~~D ,I ~ N t fl 194 CYTY ®F I~ERpI~iAN R-8 to L-O Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on January 5, 1994. The attached staff report lists the conditions of approval and street improvements which are required. If you have any questions, please feel free to call me at 345-7680. LS cc: Development Services Chron Meridian City Hall ada county highway district 318 East 37th Boise, Idaho 83714 • Phone (208) 345-7680 ~ n rte, 1 ~-~' `,, -i NTER--DEFARTP~IENT ^(_%RF.ES?~ONDENCE .TAMES E. BRUCE, Presiaent GLENN J. RHODES, Vice President i~:EP,r^•,7C4/]~STECH SHERRYR HUBER,Secretary 1-~~-94 TC-. ~?CHD Commission DATE: December 28, ].993 ~'rtOM: Development Sezvices _:??BJECT: Meridian Rezone 408 Ch erry Lane R-8 to L-O (Applir_ant - Cheryl Ott, 1323 E. 1st St., Meridian, ID 8~i642 ) (Representati~re - :game ) FACTS & FI2dDINGS 1. :'beryl Ott is requesting a rezone from K-8 to L-O for 0.4 :zcres of property located an the north side ~.~f Cherry Lane approximately 50-feet :nest of W. 4th Street. The requested ?oning designation of L•-O would allow the existing residential building to be used. as an office building. 2.. Cherry Lane currently has 80-feet of right-of-way and is im- proved with a 65-foot street section with 5--foot sidewalks. The 2000 Urban Functional Street Classification Map designates ^herry Lane as a minor arterial roadway. The District re- q~uires a minimum of 90-feet of right-of-way on arterials in an urban area, width sufficient for 5 traffic lanes, 5-foot side- walks, and bicycle pathcaays. The ultimate right-•of-way will be acquired now as development is occuring. 3. 'ibis application is sroheduled for public hearing by the Meridi- an Planning ~ Zoning Commission on January 11, 1994. ~~f the rezone is approved and development proceeds, the District wa.ill provide the following recommendations to Meridiar. Planning & Zoning as conditions for approval. SITE SPECIFIC REQUIRErIEIv~'S 1 • Dedicate 45-feet of right-of-~•~ay from the centerline ~f Cherry Lane abutting parcel (5 additional feet). The owner ado county.. highway district 318 East 37th Boise, Idaho 83714 • Phone (208) 345-7680 MERIDIAN PLANNING & ZONING MEETING: FEBRUARY 8, 1994 APPLICANT: ROBERT AND FRAN WHITMIRE AGENDA ITEM NUMBER; 5 REQUEST: REOUEST FOR REZONE AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA STREET NAME COMMITTE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: n BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION ROBERT AND FRAN WHITMIRE REZONE APPLICATION 408 WEST CHERRY LANE FROM RESIDENTIAL [R-8) TO LIMITED OFFICE (L O) MERIDIAN, IDAHO .FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing January 11, 1994, at the hour of 7:30 o'clock p.m., the Petitioners, Robert and Francille Whitmire not appearing, but appearing through their representative Sheryl Ott-Ward. 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 notice of a public hearing on the Rezone Application was published for two (2) consecutive weeks prior to the said public hearing scheduled for January 11, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the January 11, 1994, 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 Robert and Francille Whitmire, Whitmire Construction; Applicant being Cheryl Ott-Ward, The Real Estate FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 1 a ~ ~ ~` ~'\ Group. The property is described in the application which description is incorporated herein; that the property is presently zoned R-8 Residential; the area surrounding is a mix of commercial and residential use properties. 3. That the property to be re-zoned from R-8 to L-O is proposed to be used for construction's business office. 4. That this zone change request complies with the Meridian Comprehensive Plan and development objectives in this portion of the City. 5. That the L-O District is described in the Zoning Ordinance, 11-2-408 B. 5 as follows: (L-O) LIMITED OFFICE DISTRICT: The purpose of the (L-O) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The L-O District is designed to act as a buffer between other more intense non-residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal Water and Sewer System of the City of Meridian is a requirement in this district. 6. That the property is located west of Meridian Road on Cherry Lane in area of mixed residential and commercial use. 7. Applicant feels this property would be compatible with other small businesses that have minimal traffic flow. 8. The circle driveway offers easy off access on Cherry Lane and feels that it would not impede the traffic flow. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 2 ~ ~ ~~ 9. Wayne Forrey, City Planner, commented that the property site is within the proximity of concentrated commercial neighborhood and other L-O zoning which promotes the City's goal of clustered business uses and discourages strip development 10. The City Engineer, Gary Smith, commented that the present structure has paid an assessment of 1.0 Equivalent Residential Units; that this should be adequate for a construction office use; that water lines are located 12 feet east and north of street centerline; that sewer laterals are located on the west and south side of street centerline; that for office use the Ordinance requires one (1) parking space for each 400 square feet of gross floor area; that landscaping, sprinkling, screening, drainage, lighting, paving and striping shall be done in accordance with Section 2-414 (D) "Design Standards for Off-Street Parking" of the City Zoning Ordinance; that any advertising sign shall be done in accordance with the Uniform Sign code, (Section 2-415 - Signs). 11. That the Central District Health Department, Nampa & Meridian Irrigation District, Ada County Highway District and the Meridian Police Department submitted comments. 12. That the Ada County Highway District requires a minimum of 90-feet of right-of-way on arterials in an urban area, width sufficient for 5 traffic lanes, 5-foot sidewalks, and bicycle pathways. 13. That the property is located on Cherry Lane and it is designated an Entryway Corridor in the Comprehensive Plan; the Entryway Corridors Goal Statement includes the following statement: FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 3 a ~~ ~1 4.4U Encourage 35-foot landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors. 14. That there have been recent zoning changes along Cherry Lane to allow commercial and limited office uses, including dental and orthodontic offices, insurance offices, day care, and there have been such uses along Cherry Lane for some period of time. 15. There were no comments given at the public hearing objecting 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 Applicants' property. 2. That the City has the authority to take judicial notice of its own ordinances, other governmental statues and ordinances, and of actual conditions existing within the City and state. 3. That the City of Meridian has authority to place conditions upon granting a zoning amendment. 4. That the City has judged this Application for a zoning amendment upon the basis of guidelines contained in Section 11-2- 416 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 4 n can take judicial notice. 5. That 11-2-416 (K) of the Revised and Compiled Ordinances of the City of Meridian sets forth standards under which the City shall review applications for zoning amendments; that upon a review of those requirements and a review of the facts presented and conditions of the area, the Planning and Zoning Commission specifically concludes as follows: (a ) The new zoning would be harmonious with and in accordance with the Comprehensive Plan and no Comprehensive Plan amendment is required. (b) The property located on 408 West Cherry Lane is designed for residential but there are other uses which support residential needs and a mix of those uses and a rezone of the subject property for use as a construction business office is in line with that use. (c) The area around the proposed zoning amendment property is in the proximity of existing concentrated commercial neighborhood and other Limited Office Zoning which promotes the City's goal of clustered business uses. (d) There has not been a change in the area or adjacent area which may dictate that the property should be rezoned but the property will be developed in a fashion which comports with the existing development and the planned residential development in the area. (e) That the property must be designed and constructed to be harmonious with the surrounding area. (f ) The proposed use should not be hazardous or disturbing to the existing or future uses of the neighborhood. (g) The property will be able to be adequately served with public facilities, and connection to municipal sewer and water is required. (h) The proposed use would not create excessive additional requirements at public cost for public facilities and services and would not be detrimental to the economic welfare of the community. (i) The proposed use should not involve any detrimental activity to any person's property or the general welfare. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 5 n (j) Development should not cause a significant increase in vehicular traffic and should not interfere with surrounding traffic patterns. (k) That this rezone will not result in the destruction, loss or damage of any natural or scenic feature of major importance. (1) The proposed zoning amendment is in the best interest of City of Meridian. 6. It is further concluded that the comments, recommendations and requirements of the City Engineer, Central District Health Department, and Nampa Meridian Irrigation District, will be met and complied with. 7. The requirements of the Ada County Highway District shall have to be complied with. 8. As a condition of rezoning, if there is room, the property shall meet the requirements of the Entryway standard of a 35 foot landscaped set back. 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 CHAIRMAN JOHNSON (TIE BREAKER) FINDINGS OF FACT AND CONCLUSIONS OF LAW VOTED VOTED VOTED VOTED VOTED Page 6 ~ ~ DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Rezone requested by the Applicant for the property described in the application with the conditions set forth in these Findings of Fact and Conclusions of Law and that the property be required to meet the water and sewer requirements, Sewer Department requirements, the Nampa Meridian Irrigation requirements, the fire and life safety codes, and the Uniform Building Code, and other Ordinances of the City of Meridian; and that the Applicant meet the 35 foot landscaped set back required under the Meridian Comprehensive Plan. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 7