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