Loading...
HomeMy WebLinkAboutAlidanji, MoeAGENDA MERIDIAN CITY COUNCIL AUGUST 5, 1985 TEM: MINUTES OF REGULAR MEETING HELD JULY 15, 1985: (APPROVED) - MINUTES OF SPECIAL MEETING HELD JULY 16, 1985: (APPROVED) MINUTES OF SPECIAL MEETING HELD JULY 22, 1985: (APPROVED) 1, PUBLIC HE ANNEXATION & ZONING REQUEST BY MOEAUGUSTA19,1 85 (ED UNTIL MEETING) 2, PRE -TERMINATION HEARING: WATER/SEWER/TRASH DELINQUENCIES: (APPROVED) 3. APPROVE THE BILLS: (APPROVED) 4. APPROVE NECESSARY AGREEMENTS PERTAINING TO REVOLVING (AP RFUND)GRANT: 5. DEPARTMENT REPORTS: we t+n-rnTPI,T rTmv rouNCIL AUGUST 5, 1985 Regular Meeting of the Meridian City Council called to order by Mayor Grant Kingsfprd at 7:30 p.m. Members Present:.Bill Brewer; Ron Tolsma; Bert Myers; Bob Giesler: Others Present: Gary Schaffer, Lloyd Howe, Helen Alidjani, Kevin Keyt, S,. Michaelson, Dale Newberry, Dick & Susan Weaver, Eugene & Pat Keith, Dwayne & Linda Mikeal Benedict, Betty Muccic, Art Moore, Genevieve Moore, Betty Wolde, Andrew Wolfe, Richard Orton, Opal Farrington, Bill Barkell,-- Pat Fabricius, Aline DeNardi, Joe DeNardi, Richard Parcells, Blanche Wolff, Martin Fabricuis, Marcella Heffner, Elaine Smith, Vera Hornbaker, Art Finnell, Lawrence Smith, Loren Hornbaker, Gary Harr, Mr. & Mrs. Leonard Rhodes, Ila Thomson, Bill Thornspa, JoAnne LaCass.e, Paul Bolinger,_ Alma Bolinger, Mary Jensen, Harry Jensen, Doris Oliason, S.C. Anderson, Steve Gratton, Fred Martin, Bill Ebert, Janet Ebert, G.R. Peterson, Delmar Ouderkirk, Shirley Peterson, Terry McCarthy,Jim Potter, Wayne Crookston, Mohammad Alidjani, Michael Burkett, Ronda Lowe, Walt Morrow, Bob Spencer, Gary Smith, Miriam Barr, The Motion was made by Myers and seconded by Giesler to approve the minutes of the regular meeting held July 15, 1985 as written: Motion Carried: All Yea; The Motion was made by Tolsma and seconded by Myers to approve the minutes of the Special Meeting held July 16, 1985 as written: Motion Carried: All Yea: The Motion was made by Tolsma and seconded by Brewer to approve the minutes of the Special Meeting held July 22, 1985 as written: Motion Carried: All Yea: Item #1: Annexation & Zoning Request by Mohammad Alidjani: Mayor Kingsford, according to the rules adopted by the Meridian City Council by Ordinance #446 all those people giving testimony will be asked to take an oath swearing that the testimony they give true and I will ask the City Attorney to admister this oath. Iwould likeea for begin by having everyone look at the map of the City, those nge are currently annexed and zoned Light Industrial, according to our Ordinances a permitted use in any of that area would be for a trash and if it occurred in any of that land collection service, the issue at h this meeting would not take place, the applicant co - information just pick up a information ahead time, we could make building permit, this is for your no conditions what so ever. Mr. Alidjani I might ask you to point out on the map the land that has been asked to be annexed, Mr. Alidjani pointed out the property on the map. Mayor opened the Public Hearing and advised - it would be done by order of sign in. Pat Fabricius, I defer my time to Martin Fabricius. Aline DeNardi, I defer my time to Jim Potter; MERIDIAN CITY COUNCIL AUGUST 5, 1985 Page #2 Joe DeNardi, I defer my time to Jim Potter: Richard Parcells, I defer my time to Jim Potter: Blanche Wolff, I defer my time to Jim Potter: Martin Fabricius, Mr. Fabricius was sworn by the City Attorney. Mr. Fabricius, before my remarks this evening.gentlemen, I would like to submit for your consideration this statement I made before the Plan- ning & Zoning on June 10, 1985, and I want to make absolutly sure it is -J made a part of the record, it giveCa bit of the background what has transpired out there as far as some of the exiting property owners, I _ think itis very important to us: (This item made part of the record as Exibit "A"). I would also like to make the comment somehow I was _ - enticed in to making a television appearance today, I did not ask for that, and there were four comments I was supposed to have made and I only made one of them. Mr. Fabricius resides at 1235 Atkins Road, Meridian Idaho, Mr. Fabricius gave testimony from a prepared statement which is made part of the record as Exhibit "B". Mayor Kingsford, any questions of Mr. Fabricius by the Council? There were none. Marcella Heffner, I defer my time to Jim Potter. Elaine Smith, I have a petition here with 171 signatures and the one that was handed into the Planning & Zoning probably has one page morethat is not included in this, so there will be approximately 180-185 signatures protesting this. (Petition on file with these minutes) Councilman Giesler had a question for Mrs. Smith, Attorney Crookston swore Mrs. Smith as she had not been sworn previously. Giesler, how large of an area do these signatures cover? - Mrs. Smith West of Eagle Road, to the City Limits on Pine, Mayor Kingsford, how far North & South? Smith, Franklin & Fairview, just our area that will be directly impacted.-- - Vera Hornbaker, I defer my time to Jim Potter: Lawrence Smith, I defer my time to Jim Potter: Loren Hornbaker, I defer my time to Jim Potter: Michael Burkett, Mr. Burkett was sworn by Attorney Crookston: Mr. Burkett, I am here as attorney for the East Meridian Property Owners Association and I will be raising some more or less procedural issues rather than testimony to facts. The first issue I would like to address is the authority that is before this Council as well as Planning & Zoning Commission to make this determination on placement of a Solid Waste MERIDIAN CITY COUNCIL AUGUST 5, 1985 PAGE # 3 System, or a plant that is in effect part of a solid waste disposal system. I would like to point to the Council that under Idaho Code, Chapter 44, Section 4401, or Chapter 44, Idaho Code 31 that-. it states that this type of._ system, solid waste system is to be located in the County and that the County, which would be Ada County would have jurisdiction over site locat- ion and application to obtain and construct such a site. I will qoute in part the very first section which is 4401, it is hereby declared to be the policy of the State of Idaho that the solid waste disposal systems be established, maintained and operated in each of the several counties, that is in the counties as opposed to inside a city limits. I think by your annexation proposal, you are proposing to bring this property inside the city limits and at that point and time a solid waste disposal system woul3 be developed inside the city limits as opposed to in the county. The next section, Section 31-4402 goes on to state that the Board of County Commiss-_ ioners in each of the several counties is hereby authorized to aquire, establish & etc. solid disposal systems, so I would like the Council to - be aware of these provisions and address in your Findings of Fact & Con- clusion of Law regarding what authority the Council has to basically determine. a.site..location .for a solid waste disposal system. I think by that point alone the appropriate action by the Council would be to deny this application and make note that this application should be submitted to the County. The second issue, the Findings of Fact and Conclusions of Law which were issued by the Planning & Zoning Commission, which are now before this Council, in my brief review of these Findings, I found virtuely no consideration for the great amount of testimony in evidence which was supplied by those who object to the application. I think the Findings are seriously flawed in that regard, in the fact that there is no means in those Findings to address these valid points that were brought up by those who object to the application, certainly when a body of evidence is before the Commission of that magnitude it is their duty to address those facts and evidenceand information that is put in front of them, I don't think that was done, I think this Council could appropriately return this application to the Planning & Zoning Commission for additional findings. Findings in particular regarding the objections and those facts and evidence presented to those who object to this application. At this time _the vast amount of information from those who object is not before you. Additionally regarding the Planning & Zoning Hearing and the process the Commission went through I think there were irregularities in the manner in which that evidence and testimony was heard and conducted, there are comments within the transcript itself, which indicate that testimony which was presented by persons outside the City Limits was either not considered or, was given less weight simply�beca-use those -people were outside the City Limits. In this particular application the property is in the Meridian Impact Zone which is currently outside the City Limits and the testimony and evidence and information provided by the residents in that area should if anything be given greater weight. I think the comments that are on record which indicate and can be inferred to indicate that these people were living outside the City Limits and questioning the validity of the testimony they were giving as inappropriate, and this action as well would support, provide a basis for this Council to return this application to the Planning Commission to make sure that information is given proper weight. Another point I would like to make to the the Council which I think is of some interest and I realize in a town the size of Meridian there is always bound to be conflicts of interest, I think something that should be given serious consideration by this Council is the obvious conflict MERIDIAN CITY COUNCIL AUGUST 5, 1985 PAGE # 4 of interest in this situation between the applicant and the Planning & Zoning Commission, when that applicant sits on the Commission, even though I realize he abstained'from any vote on this application. Also we have an M. applicant that is under contract with the City actually you have an agent of the City applying to the City through its Planning & Zoning process for - special consideration. There inherent conflicts of interests here, these parties, many of those who are represented by the same parties, this is something that should be given serious consideration by this Council. I think an appropriate decision on the part of the Council in that regard would be to require this application process, in order to attempt to avoid conflicts of interest to go through the rezoning procedure, which is norm— ally used in a rezoning application, which is opposed to the procedure be— ing used which I understand is an annexation aid new zoning. I think those conflicts of interest in particular warrant a closer scrutiny that is -- - required under a rezoning application. I understand this property is zoned - agricutural under the County Zoning at this time and I think that the - appropriate procedure for this Council is to only consider the Annexation at this point.After the annexation if it occurs do a rezone on the property, as opposed to doing it with the pr9gpdgre that is now in placethe Zoning and the Annexation all in one swoop. I think that point as well would require this Council to essentially deny this application and require' that new application be submitted for annexation only. The final point I see no evidence in the Findings that Federal Law or Statutes which apply to this situation have been addressed with the Planning Commission or are before this Council for consideration, in particular I think there are EPA regulation that must be followed. I think in general that there are EPA requirements that are designed to protect the human hazards that might be generated by this project, and the health hazards that might be generated and that is one of the major considerations that should be before this body. This is something that should be looked into and the applicant should be required to come forward with these requirements. Finally I would like to put the Council on notice that if this Annexation & Zoning does take place that there is, it is in the process right now of planning what litigation or what action would be appropriate on the taking of property by the property owners that live in that area without just compensation - - so I would urge the Council to look into that issue as to what might be just compensation for those property owners out there who's property is - obviously going to be devalued or debased as aresult of allowing a solid waste disposal center to go in there. Finally there is a lot of property that is already Zoned Light Industrial which would allow this type of use. -- Mayor Kingsford, any questions of the Council? Myers, you mentioned that only Ada County can control sewage treatment plants, as I understand this application,this application is not for a sewerage treatment plant it is for a solid waste transfer station, there is a difference there. Burkett, The ordinance speaks to solid waste disposal system, I don"t know that this Code has been construed but I definately think it is broad - enough to include, this would be a system, it would be something that would be used in handling solid waste disposal. MERIDIAN CITY COUNCIL AUGUST 5, 1985 PAGE # 5 Mayor Kingsford, I would like to make a comment as to your regard to your conflict of interest, I was interagated in Federal Court some two years ago on the same *Subject and the Federal Judge insured us that no matter what happens in a small town you are going to have the possibility of conflict of interest and you do the best you can and I am certainly not going to shirk that duty to someone else because of your saying we may have a conflict of interest. I also despise your threats, every- thing we -do we are open to some attorney saying they are going to sue us, I do not think that should be a consideration here today, I don't appreciate in a public hearing being threatened by a attorney, attorneys are not my favorite people in the world anyway, in regard to the EPA _ -- I think you have taken a broad interpretation there. I do agree with several of your comments however. Any other questions or comments? Councilman Brewer, I would concur with the Mayors' comments, for some _ - reason attorneys, you have the ability to antagonize my soul and undes-_ ervinly I feel, I take heart to some of your comments however you have made several comments proposed that can tie this whole thing up in the Court system for two or three years, which would cost the City of Meridian and the people involved with no good coming with any of it. Mayor Kingsford, you mentioned possiblity of Annexing and keeping in present zone, we do not have provision in the City of Meridian for Agricultural Zone. Burkett, my comments were not ment as a threat at all. Kingsford, they certainly sounded like it. Burkett, in regard to the conflict of interest, hopefully that was my suggestion to do the best you can, maybe if it is possible go through a process that can avoid as much as possible. Gary Harr, I defer my time to Jim Potter: Richard Weaver, I defer my time to Jim Potter: JaAnne La Crosse, I defer my time to Jim Potter: Paul Bolinger, Mr. Bolinger was not present at this time. Mary Jensen, -1 -would like the Council aware that my husband & I submitted a letter to the Planning & Zoning and we also submitted one to the Council please take these into consideration: Alma Bolinger, Mrs. Bolinger was not present at this time: Harry Jensen, Mr. Jensen was swore by City Attorney: Mr. Jensen, we own 20 acres which is North of the eleven -acres and have invested a large sum of money in our property, most of the winds come from the South, we are not within the 300 foot area from the eleven acres, we would like to develop our property into area for homes like we have. we are really opposed to this application, we feel it is the wrong area. MERIDIAN CITY COUNCIL AUGUST 5, 1985 PAGE # 6 Councilman. Giesler, Mr. Jensen you stated this is not the right place for something like this, I am concerned also, have you thought about where in the City would be a place for this? Mr. Jensen, at present time City boundaries are to small, they have to be expanded where these types of business would not bother residential, areas. I know you can't do this out on the desert but there is better areas than one mile from town. I think this would be determental to the area. Mayor Kingsford, this operation is closer to the center of town now than --- it would be out there. I echo Mr. Gieslers comment, I would like to know where, I think this was the reason for my preliminary remarks, anywhere (referring to the Zoning Map) on there where it is orange he could buy and we are talking one.inch from where he is asking and we would have - no control whatsoever, under our Ordinances'. I really want you to consider this, I certainly echo your concern about having the amount of land in the City Industrial that we have today not being used. Jim Potter, Mr. Potter was sworn by City Attorney. Mr. Potter, Mr. Potter had a prepared testimony which is made a part of these minutes for the record. This is basically the same testimony that was presented to the Planning & Zoning Commission. This is made a part of these minutes as Exhibit "C".) Mr. Potter asked that the maps submitted to the Planning & Zoning be allowed to be used in this hearing. Mayor Kingsford questioned Mr. Potter about the Old Towne concept being approved and if it was approved whether it would still be valid. Mr. Potter demonstratedto the Council with the maps and overlays the area which could be effected by the noise, trash blowing & etc. Mohammad Alidjani, Mr. Alidjani was sworn by City Attorney: Mr. Alidjani, I have asked for annexation & zoning of this eleven acres and I feel in reviewing everthing available it meets all the criteria for being annexed to the City. I am aware of the conditions that are req- uired by the various Government Agencies. We have no problems with these _ conditions as we have been working under these regualations since 1948. I assure you__ even though trey have-,.probhl-ems- in other areas , We do not have any problems at our present location which is a lot closer to residential than this proposed new location would be. I do not see any thing in the Ordinances or Comprehensive Plan why I shouleSe annexed. The problems that have been brought up are with someone elses location not mine. I will abide by any regulations you want to put on my operation within reason. Giesler, what do you actually plan on doing, what is your proposal? Alidjani, I would plan to put a shop for myself and that would be all enclosed.with shrubbery and trees that would be phase I and phase II if it is possible put a transfer station with all the regulations met if we can do it. MERIDIAN CITY COUNCIL AUGUST 5, 1985 PAGE # 7 This operation would only use about 18 % of the land the rest would be developed for some other use. Giesler, then you do not plan on starting up with the transfer station? Alidjani, No. Giesler, then at first you will just have a shop and office? Alidjani, Yes. Giesler, how do you propose the next phase if it does work out for you? Alidjani, that is probably two years or more,down the road, I have no - idea at this time. Giesler, it does state in the application it will be enclosed? Alidjani, everything will be enclosed. Giesler, any plans to widen the road that you have seen? Alidjani, I have checked and this is a collector road and has never been developed. As far as I know there is no plans at this time to improve. Giesler, where do you plan on setting this operation? Alidjani, at this time we are planning on having operation on the far NE corner of the property. The closest house would be about 800 feet away from the shop.Mr. Alidjani the Council on the map the egress to the property and where the plant would be located. Should be no problem getting in & out. Giesler, supposing you construct the transfer station and the small trucks are dumped, how do you get the garbage to the land fill? Alidjani, they have several different types of ways to do this. Mr. Alidjani- explained the different ways this could be done. This would happen inside a building. If roadway stays the way it is a semi could never get in or out. -- There was discussion on the traffic problem the compatability of the school buses and the garbage trucks. Mr. Potter, have you done any market anaylsis what your trips are going to increase, lets say if the regional shopping center goes in or if the Upland site develops? Alidjani, I have no idea at this time as it might take five years for full occupancy. Potter, if this transpires and the mall is built and Upland develops, it seem to me under the County ordinances this could be a County wide transfer station, I wonder if that area is really large enough. MERIDIAN CITY COUNCIL AUGUST 5, 1985 PAGE # 8 Alidjani, I feel if I own the ground that they could not do this. _ Potter, I think this is one of the major questions by the people I am working for. The additional trips and the County wide transfer station. This is some of the concerns my clients have. Mayor Kingsford, in regards to that Mr. Potter and in answer to some - ones question back here awhile ago, the City does have a Contract with - Mr. Alidjani it is a matter of Public Record. He has had it for some time and that contract specifies he will haul all the trash in the City of Meridian. He can only handle City of Meridian trash. If he was to take - in the County that would be violation of his contract, we would have to approve that. Potter, would that be true of transfer as well as collection? Mayor Kingsford, Yes, it specifically speaks to the transportation of trash over City Streets. Mayor Kingsford, again on my prd.iminary remarks about him being able to buy another piece that is already zoned, I feel a lot better about repre- senting you people on this where we can put some stringent controls than having him purchase property where we have no controls. Potter, I think my clients would feel more comfortable if it has to be there if it were a conditional Use Permit with some time period rather than something permanent so that if Mr. Alidjani is not there it could keep from creating a problem. Mayor Kingsford, I can see some value to that. Fabricuis, As I recall at one of the other meetings the question was asked of Mr. Alidjani with all the property already zoned Industrial why don't you take your operation on some of this land and as I hear him tonite he has given a different answer basically something to the effect that -- I am going this route because I can purchase 11 acres for the same price I would have to pay for 3 acres that is already zoned. I am hearing a different reason tonite why you are going on this property and I would like to hear your comment on why. Alidjani, many reasons why I am going on this property, not just one, I the reason I am over there is for economy reasons. Mary Jensen, Mr. Jensen was sworn by City Attorney. Mrs. Jensen, I am confused, is this request for Annexation & zoning simply to move the business from where it is presently located to that location, or to continue the present location and a solid waste transfer on the eleven acres, he simply wants to move his business to this new location? Mayor Kingsford, that certainly was my understanding. Mrs. Jensen, this was not my interpetation of the request. i G g t -.' x SS, •§-.,�,�'. fi".a�:�� y %� �Xq nXrs"�� t MERIDIAN CITY COUNCIL AUGUST 5, 1985 PAGE # 9 Alidjani, at the present location it is quite small for my operation and we do plan in a two phase project hopefully to occupy approximately 180 of that property and move our operation from where it is presently to that location. Mrs. Jensen, I was totally confused then as to what was taking place. Mayor Kingsford, I heard him say before that before that transfer station if it were to take place that he would have to get all the approval from other governmental agencies. Potter, if in fact he is moving his business and in fact there may or may — not be a transfer station, in fact he may sell part of the land to other users, it would appear to me that we are looking at a sub -standard access to an Industrial Park. _ Mayor Kingsford, I don't think there is any question to that unless like he said before he was able to improve that access. Smith, you say you have no complaints from the neighbors where you are now located, I believe there are some on record and you do not have a transfer station down there so this is something entirely different in our neighborhood. Alidjani, I might have a transfer station out there and I might never have one out there it would depend on the economy. Richard Parcell, Mr. Parcell was sworn by City Attorney: Mr. Parcell, I would like to know if he is going to park his garbage trucks out there if that is his proposal, would these trucks be parked in an enclosed area, or would they be parked out on cement slabs. Would trucks be free of debris when parked or would he be allowed to' keep garbage in them when parked out there Alidjani, when they are parked out there they will be inside buildings. Mayor Kingsford, I have two letters that are to be entered for the record one from Blanche Wolff 1030 N. Locust Grove Road which opposes this application and one from D'Arlene Stutzman 1960 East Franklin Road who also opposes this use. (Letters,on file with these Minutes) - Mayor Kingsford read these letters for the record. Mayor Kingsford thanked the people for their testimony and appearance at the hearing, being no other testimony the Public Hearing was closed. Any comments from the Council? Councilman Tolsma, due to all the testimony brought forward tonite and the discrepencies brought up in the Findings for the Planning & Zoning I would like to see this tabled for about 30 days to look over and check on the facts.Mr. Tolsma made this in the form of a motion. Councilman Brewer, I feel even though this application does meet a great deal of the critera for and Industrial Annexation & Zoning there are many points against it as was testified here tonite, with the large amount of ta 2�� � r fi4&"'Pd"�ka �. 53av..� z c� #, r,;�a r 4'•��ot 4,r3 ��`j= -A,'S'-�' 3. f A 111"i 1,11M. 1114 411 W. t "x 4, .k *� -XV k ;�: a"q '.4Y R� yr *�.4ba Sti .a. `tsa aSix "£"s ;.a� 4 fi'iGmra °rns Y t } T v 3! VA NEVU MORN ff PW MERIDIAN CITY COUNCIL AUGUST 5, 1985 PAGE # 10 property already zoned Industrial, I do not see any reason to have addit- ional property for something along this line. When you take into consid- eration the Public opposition to this request, I personally would not want to pursue anything that had this kind of opposition. I think there has to be some place for Mr. Alidjani and his business and I believe it should be somewhere between Meridian and the landfill. I don't feel this should be in the City Limits should be in the County, I would personally recommend denial of the request. Testimony is all negative. Councilman Giesler, we have heard a lot of negative things on this, and some very good points although I have not had the opportunity to go out •- and look the sitution over. I feel I would like to look into this more. I have some real problems with it that I would like answered, therefore I would second the motion. _ Councilman Myers, I have a conflict of interest as I am the Sewer & Sanitation Commissioner and have to work with Mr. Alidjani. I can appreciate the problems the people have brought tonite, there have been a lot of rumors floating around and some of them have been dispelled, there have been a lot of facts brought before us. Knowing Mr. Alidjani he is not going to do anything that is going to hurt anybody, sure he can go in there and buy two acres right next door and open up the operat- ion tomorrow, but he wanted to come through this process and it stirred up some controversity. The transfer station is somewhere down the road. I am not sure he is going to ever put one in there.but it is possible. I am looking at it as to the cost to the taxpayers of the City, if he can save some money it will save the taxpayers money. Brewer, I think we are wasting 30 days by doing this. Mr. Tolsma withdrew his motion and Giesler withdrew the second. The Motion was made by Tolsma and and seconded by Giesler to table this request until the August 19, 1985 meeting. Motion Carried: Tolsma, Yea: Myers, Yea: Giesler, Yea: Brewer, Nay: Item #2: Pre -Termination Hearing Wate/Sewer/ Trash Delinquencies: Mayor Kingsford, This is to inform you if you choose, you are entitled to the right to a pre -termination hearing August 5 before the Mayor and Council, to appear in person to be judged on facts.and defend the claim made by the City that your water, sewer and trash bill is delinquent. You may retain counsel. This service will be discontinued August 13 unless payment is made in full. Is there anyone present who wishes a hearing?No one was present. Due to their failure to pay their water bill or to present any valid reason why the bill has not been paid, their water shall be turned off on August 13, 1985. In order to have their water turned back on, there will be an additional fee of $10.00. They are hereby informed that they may appeal or have the decision of the City reviewed by the Fourth Judicial District Court, Pursuant to Idaho Code. Even though the appeal the water will be shut off. MERIDIAN CITY COUNCIL AUGUST 5, 1985 PAGE # 11 The Motion was made by Tolsma and,seconded by Giesler to approve the turn-off list. Motion Carried: All Yea: Mayor Kingsford announced the amount of delinquencies was $4,749.20: Item # #: Approve the Bills: The Motion was made by Tolsma and seconded by Myers to approve the bills. Motion Carried: All Yea: Item #4: Approve Necessary Agreements Pertaining to RLF GRant: The Motion was made by Brewer and seconded by Giesler to approve all the necessary agreements and documents involved in the Revolving Loan Fund Grant between the City and the Economic Development Corporation of the City of Meridian and authorized the Mayor to execute these agreements & documents. Motion Carried: Brewer, Yea: Tolsma, Yea: Myers, Yea: Giesler, Yea: Department Reports: Mayor Kingsford, I would ask the Council to carefully look over the Late Comer's Ordinance prepared by the City Attorney, I would like to have that on the next meetings agenda. Councilman Myers brought up the subject of the creamery building and Mr. Amyx. There was discussion on this subject. It was suggested a Civil Suit be brought against Mr. Amyx. Councilman Tolsma, I have had some complaints about the trailer repair in the middle of town. I also have been advised that we have no access - over the curbs at the Park for the handicapped. Mayor Kingsford, I suggest that you work with the Park Superintendent and get this problem resolved in regards to handicapped access. In reg ards to the mobile home repair and dismantling I again suggest if it your pleasure to get with the City Attorney and proceed with Civil Action,- Councilman ction- Councilman Brewer, I have had a call on Mr. Nesmith, problems with cars parked around fire hydrants, junk cars, wreckers parked and other items. Mayor Kingsford, again I suggest you contact the Attorney and proceed with Civil Action. Being no further business to come beforethe Council the Motion was made by Myers and seconded by Tolsma to adjourn at 9:50 p.m. Motion Carried: All Yea: (TAPE ON FILE OF THESE PROCEEDINGS) ATTEST: Jack Niemann, City Clerk APPROVED: GRANT KINGSFORD, MAYOR *��{ -"fig' M` } t 05 +.F i A*ivk"i bdS 7 S p3 '`aS�, xNi­­ u.` R "ri { S y. -?Y 'r3lE,i fi t;- �1H. 3 i :1M%o*l - 3Ve`}r j d E Y 3 fir' ;ti/ h, 2rS ,-6 S �. RR.i, pj'-'h*+��43 �'L d"p"i �X Y t ,. •f � `�t� HF''*�R'rv'4 ,r F i J� -,V=iM1S"'is' Statement presented to the Meridian Planning and Zoning Commission on June 10, 1985. By: Martin H. Fabricius 1235 Adkins Rd. Meridian, Idaho Subject: Property owners concerns on the proposal to anneX and rezone approximately eleven (11) acres of land east of the City of Meridian for use as a Garbage Transfer Station. While much has been said regarding Mr. Alidjani's proposal to establish a garbage transfer station in the subject area over the - past several weeks, my remarks this evening are limited to two - major areas of concern. The first of these remarks are on the live-ablility of surrounding property impacted by such an oper- ation and secondly the effect on future property values in the impact area. Following the meeting of the Meridian Planning and . Zoning Com- mission on April 8, 1985, I must admit to having some pretty iinxious thoughts on the issue. Given the line of questioning and statements by the Commission Members that evening, it appeared that the annexation and rezoning request presented by Mr. Alidjani had a better thn even chance of being approved. Hopefully, that will not be the case. Since that earlier meeting on April 5, the residents and property oi:•ners located immediately East of Meridian have become more know- ledgable on the location and operation of garbage transfer stations. Their findings &:ave not eliminated any early concerns -quite the contrary. Further, contacts with responsible State and County officials and persons from other states familiar with garbage transfer operations have not reduced the concerns of surrounding residents and property owners. The conclusion reached from these - observations and contacts is always the same- garbage transfer or handling stations are not acceptable if we are to maintain the live -ability of our neighborhood and community. And while we are on the subject of neighborhood and community _ I believe some comments on that issue are appropriate. During the April 51—h meeting, those persons voicing opposition to Mr. Alidjani's request were asked whether they reside within the City � �b17 Ap -1- z t ,.s.;d t t r� 4Rri .. .. ... �. , . . ..k.v5IT.os.zr� Of Meridian. Further members of the Planning and Zoning Commission directly or indirectly made comments to the effect that the area to be impacted by the proposed transfer station is not a neigh- borhood. For the record, it must be recognized that those of us who have, are, or will voice opposition to the proposed transfer station are residents of the impact zone within the jurisdiction of the City of Meridian. As such we are entitled to the same considerations as Mr. Alidjani even though'. ,he is a Meridian City _ resident businessman, and member of the Planning and Zoning Com- mission. As to whether the impacted area is a neighborhood, every -- available definition of the term indicates that it is. As a resident of the area for twenty (20) years, I can assure you that the 25 to 30 households most immediately effected by the proposed garbage transfer station represent a cross section of nearly any subdivision of similar size in Treasure Valley. If we can't be recognized and represented as such, then our neighbor- hood has a problem and the Planning and Zoning Commission has a problem, because we are headed on a collision course. Earlier, I indicated concern over the effect on surrounding property values if a garbage transfer station were to be placed on the site in question. From conversations with realtor's and others familiar with property values, there is complete agreement that a drastic reduction of value would occur in the vicinity of the transfer station and greatly reduced values would be expeti- - enced within a wide radius of the site. While each property owner in the neighborhood would be effected differently depending upon the location, size and type of property involved, we all have a legitimate concern. In my own particular situation, my wife and I own a home and approximately 45 acres of land located East of the Meridian City limits and extending to Locust Grove Road. This property is es- sentially bordered by Pine Street on the South and Fairview Avenue on the North. On two seperate occasions, in 1976 and again in 1980, we worked closely and cooperatively with Meridians Planning and _ Zoning Commission and City Council on planned developments in this area which were conceived to be worthy additions to the City and -2- ftp and surrounding community. The first of these efforts took place when the City was constructing a r,ew and expanded sewage treatment plant. At that time City officials contacted us and expressed an interest in locating one of the main service lines on our property - East of the City limits to better serve what was considered to be a growth area. For our part, we were asked to formulate a plan for a future residential neighborhood that would include a major North-South connector road aligned on top o"f the sewer service line -.-- These plans were undertaken, completed, and approved by all parties involved. I might add, they were not completed without the expen- diture of many thousands of dollars and many months of effort by my wife and I. The second effort to come up with a planned development of the area which includes our property, is referred to as the Old Towne Development. Generally, speaking, this was an expansion of the earlier plan to include existing commercial properties along Fair- view Avenue and those of some 28 other small property owners within the area bordered by the City Limits, Pine Street, Locust Grove Road and Fairview Avenue, Despite the broader sharing of costs and efforts with other landowners this was also an expensive under- taking. Given the background outlined above, I find it quite ironic to be here this evening attempting to stop a garbage transfer station from being located one-quarter mile from our property line. Such a development is certainly not compatible with single family dwellings and multiple housing units included in the earlier plans. If Mr. Alidjani's request is favorably acted upon by the existing Planning and Zoning Commission, I can only assume there has been a change in the thinking of Meridian City Officials. For those of us who have already expended our dollars, time, and effort toward an orderly and acceptable growth pattern for Meridian, this is very disappointing and we will have to pursue whatever recourse we might have. T -3- i;npacted area appear to be more concerned with the proposed use of the land to be rezoned than the rezoning action itself. While this can be refuted by the earlier testimony given, we do admit to being very concerned over the liveability of our neighbor- - hood. This is a result of having to put up with the many problems created by a poorly managed drive -in -theatre, a junk yard being operated illegally, and an inadequate roadt.system each and every- day of our lives. So, we are under no illusions as to how addi- tional nonselective development in our neighborhood will impact - its liveability. The land area most immediately impacted by the current rezoning proposal can generally be described as being located between Five Mile Creek to the West, Pine Street to the South, Fainrview Avenue to the North, and within approximately 2 mile of Eagle Road to the East. As most of you know this is an area currently made up of homes on residential size lots and small acreages devoted to agri- culture. Due to the existing ownership pattern, the location of any so called "nuisance industry or business" will have an immediate depressing effect upon a large number of the property owners. People actively engaged in the real estate market assure me this will be the case. For those of us who, may for some reason, have to dispose of our property in the future, the longer range econ- omic impact is even more bleak. If the above described area is to be considered for commercial and light industrial use only, then we property owners will have to directly compete with some i :,;,nexation, and in some cases pre -development stages. Our buyers will be those who can purchase property at bargain Mates and hold their investment over a long period of time until the demand for commercial and industrial property finally exceeds the supply which is available. Residents and property owners in the area East of Meridian know they cannot afford to become part of a. no mans land" with regard to development on either a short or long term basis. Certainly, the question has to be asked whether the City of Meridian " can afford that either in view of expenditures already made to ex- tend services into the area and a need to expand its taxing author- ity. As recently as 5 years ago, City Officials shared the view that the area in question had the potential for mixed, use develop- ment including plans for single family and multiple unit housing. on This concept was basedAexisting studies for preferred urban -suburban ti,re 4 - growth and the fact that the existing coreAof Meridian was favorably located to service this growth. From comments made during the recent deliberations of the Planning and Zoning Commission, we are now led to believe City Officials have a different view of how Meridian should grow and develop. If this is the case, then we property awners in the impact area who have so much at stake should be so advised and afforded an opportunity for input into the process. Thus fa -r, most of the emphasis has dealt with losses to be incurred from Mr. Alidjani's request. When someone loses it seems there should be some gains realized but will this be the case The consultant hired by the East Side Property Owners has researched and provided ample evidence that Mr. Alidjani cannot now, or in the foreseeable future , economically justify the -3- -,4 3- y J . f . i ��k++ kAye"q :i PTf • i �.pe7-ation of a garbage transfer station given the volumn of material to be handled. An official located in this area, whose duties permit him to observe gargage transfer station operations throughout the Western United States, also commented to me that such an oper- ation did not appear feasible at this time. Mr. Alidjani has, him- self cast doubt upon the advisability of constructing the transfer station at this time but until business war -rants this facility, h'e proposes to use the rezoned property as a parking area for his existing equipment and utilize the unneeded portion for "like uses." Given these conditions, it does not sound as though the customers of Mx. Alidjani stand a very good chance of benefiting from his venture either. If adjacent landowners are to incur reduced land values, the City of Meridian is to lose or at the very minimum defer devel- opment of an area within its impact zone, and existing customers cannot be assurred of stabilized or reduced rate schedules, then who stands to gain from Mr. Alidjani's proposal? This question needs to be considered by each of you and answered to your satis- faction before arriving at a decision. Your time and patience in hearing my thoughts on this matter are greatly appreciated and if there are any quesitons I will attempt to answer them to the best of my knowledge. -1 E' � ., yi�i.Y.,„'' fig” p 9 'fid �h .F.. i �k µ 4Y� 7 qq OR s # A , +4 TY i2ml'Rd x �{7 t�% +"; ➢ 'V F", .X, N#` h x�x j{ �tfi h R qlF (SH A 1`41 eF^`14 ea x _ f ;x rSD -1 NO V; . POTTER LAND SURVEYING J&ffas V. Pott*i L.S Surveying & Mapping • Planning B* Design • Boundary Consulting ApoaM,z:geoo=XXXx: 13 May, 1885 Chairman Spencer, and fellow Commissioners Meridian City Planning and Zoning Commission City Hari Meridian, Idaho Re: PLS File No. 8S-121 City Annexation and Zoning of that certain parcel of land in the Si, NWf, Section 8, T.3N.0 RIE.,'B.M., requested by Mohammad Alidjani. Chairman Spencer and Fellow Commissioners.- My ommissioners: illy Name is James V. Potter, principal of Potter Land Surveying. I reside in Garden Valley, Idaho. My Business address is Box 4403 Garden Valley, Idaho 83622, and my Business telephone number is 462-3232. t am apearing this evening on behalf of the East Meridian Property Owners Association. I am a Licensed Land Surveyor, registered in the State of Idaho, and have practiced in the fields of Land Planning and Lard Surveying for more than thirty years. 1 lived In the Meridian area for more than thirteen years, and maintained a private practice In the City of Meridian for several years Through my local residency, private practice, participation in the Meridian Chamber of Commerce and Citizen Advisory Committees. I have gained a aenerai knowledge of the citys plans for gmwth. Further, I have been personally involved in several of the Land development plans affecting lands in the near vicinity of the proposed annexation. Iam, therefore, very familiar with the specific area, the present and proposed lard uses �pe-on behalf of the East Meridian Property Owners Association, I represent persons, all of whom reside within the City of Meridian's Area of Impact. residents of the City's Area of Impact, they believe that they are entitled to fair representation on, and before the City's Planning and Zoning Commission. Their belief in this right is based upon Idaho Code 67-6526 (f), which states, in part "If the area of impact has been delimited pursuant to the provisions of subsection (a) (1) of this section, persons living within the delimited area of impact shall be entitled to representation on the planning, zoning, to the planning and zoning commission of the city of impact. Such representation shall as nearly as possible reflect the proportion of population living within the city as opposed to the population living within the areas of impgpt for that city...." They believe this subsection to apply in as much as subsection (a) (1) has been complied with, in -that... "Application of the city plan and ordinances ( have be en n) )adopted under this chapter to the area of city impact..." therefore, and in light the above cited codes, my clients believe that the questions raised concerning their y residency at the public hearing on this matter on 8 April 1985, to be c mute point. J As indicated to you in the home owners petition filed with you during the above referenced public hearing, My clients believe that the City's favorable consideration of this annexation and zoning request, would be to their personal and financial detriment. They believe that the facility planned for the site would materially and detrimentaly affect their personal enjoyment of their own real property; and would limit the alternatives for the future use of their land. This limitation, they believe, will significantly reduce their anticipated profits from their lands when they desire to sell. =I . . 13 May 1985 85-121 Meridian P&Z page 2 After carefully reviewing, the proposed land use, historical data concerning similar operations, and the present and proposed land use pians of the City and County, I believe that my clients have reason for serious concern. Based upon this research, I believe that I can demonstrate to you this evening, that an approval of this application would be detrimental to The populace, commerce and industry within the City's area of impact, the City, itself as well as the concerned citi;,pns lodging this testimony of opposition. I have prepared a composite map, showing both the City and County zoning surrounding the subject property, including thereon certain preliminary plans which have been approved, This map provides a reference for several specific issues which I would like to address. ( Brief explaination of map given) Notice, if you will, the established pattern of zoning and land use. North of the site, there is a residential zone only 200 feet from the site. Northeast is some agricultural land beyond which is more residential and Light Industrial. To the East is Light Industrial. The Light Industrial to the East and Northeast, is of specific consideration, since this property is planned for a Business Center— involving, perhaps high tech. industry and certain allowable commercial uses. To the South and Southeast lie more agricultural lands, beyond which is more Light Industrial. Southwest of the site, is more Light Industrial. To the West, and Northwest, is the Old Towne planned development comprehen- sive plan --a concept plan for twentynine individual properties , comprising 188 Acres, previously approved by this Commission and the City Council At first glance, it would appear that the present request for annexation and zoning as Light Industrial would be compatible with the City's overall plan and with the area's established trend. On the other hand, a closer examination provides several sound reasons why this property should not be considered for Light Industrial Zoning; especially for the intended use specified in the application. Your attention is drawn to the Meridian Comprehensive Plan, Goals, page 8, goals 1 and 2. " to preserve Meridian's environmental quality.... improve the total natural environment ....to insure growth and development occur in an orderly fashion..." and in Goal 10 " To create an Urban Service Planning Area which is visually attractive..." CProper planning and subsequent zoning, if it is to accomplish these goals, must look to achieving balance of land uses and the bulk area of lands contained with each zone. In addressing this area of community planning, noted authorities Joseph De Chiara and Lee Koppelman, cite the works of still another authority, George Nez, in his book " Standards for Urban Development", published by the Urban Land Institute. In this volume, Mr. Nez states that studies indicate that the " Total Gross Land requirement for all industry"..in a city, is.."12 Acres/1,000 population; and that the " Land require- ments for Light Industr"..is.."2 acres/1,000 population". In addition to the present Iand requirements, Mr. 'Nez addresses the matter of reserve for future growth. " Requirements for industrial land reserve: reserve land for minimum of 50 years future growth". The 1980 census indicated that the City of Meridian had a population within the City of just under 7,000 ; and approximately 9,000 in the City and that area now within its impact area. This in -city population was down 12% from that projected in 1976. Using this as an adjustment factor, the Ada Planning Association corrected its project- ions for future years. Their projection for the year 2000, is now 25,150. If this straight line projection is continued for a 50 year period, it would result in a population NO "Mi -i ` Cot 13 May 1985 85-121 Meridian P&Z page 3 of 50,500, in 2035 AD. Thus, on this basis, Meridian's present population requires approximately 25 Acres of Light Industrial; in the year 2000, our needs will be approx- imately 50 acres; and in the year 2035-50 years hence-- approximately 100 acres. In contrast to this need, the City of Meridian, and its impact area, presently contain 1100 acres of lands zoned Light Industrial. If we compare our available reserve to the regional needs, there is still great disparity. The present population of Ada County is 197,000, and that of the entire Treasure Valley approximately 360,000. Thus the current needs of light industrial property in our region amount to under 400 acres for Ada County, or just over 700 acres for all of Treasure Valley. In the year 2000, these same populations are expected to reach X89,000 for the County, and 550,000 for the valley. Thus, in 2000 AD the County will require a total area of 580 Acres and the Valley of 1100 Acres of light industrial. Meridian could fill these needs, even if there were no other light industrial lands available in all of Treasure Valley. In contrast to our available reserve, an inspection of those lands thus presently zoned, will show that the actual need --as demonstrated by the acreage developed, and in use -- to be very near the guidelines for good planning, given by the authorities cited. Thus, on the basis of available reserve vs. present and projected need for lands within the Light Industrial Zone, I would suggest to you that there is no public need for further lands to be thus zoned. To further expand the light industrial reserve, would merely delay f er, the other and thus zoned adversely affecting the owners values. 2�S-t +ACX»ov% 11�� td•�•�./►a y1�: cd" -m L 6 yb�. ZdYIJS - -- _ The second matter of significance in this annexation and rezone request before you this evening, is its compatibility, or lack thereof, with the surrounding present and proposed land uses. One of the basic tenents of zoning in Meridian, as cited from Section 2-402- A (5) of the Zoning and Development Ordinance, is 11 To protect residential, commercial, industrial and civic areas from the intrusion of incompatible uses and to provide oppor- tunities for establishments to concentrate for efficient operation in mutually beneficial relationships to each other and to share services." The property owners and residents of the East Meridian Property Owners Association, perceive that the approval of the subject application would, in fact, be an intrusion of an incompatible use; would not result in efficiency of their operations; and would not be conducive to mutually beneficial relationships. For these reasons, they believe that approval of this application would violate, rather than protect their established and proposed land uses --and the rights appertaining thereto. To assist you in analizing this claim against the counterclaims of the applicant, I would draw your attention to the foUowing citations and references: Refering again, to Mr. George Nez, author of "Standards for New Urban Development, the Urban Land Institute, he specifies certain "General Requirements for Industrial Location: - (a) Fast, easy and convenient access to ,good transportation facilities including rail, highway and air. (b) Reasonable location with respect to labor supply, raw materials source and markets (c) An adequate amount of suitable land, free from foundation and drainage problems (d) An adequate and reliable supply of utilities: water, waste water, power and fuel (e) Protection from encroachment of residential or other land uses (f) Location so as to minimize obnoxious external effects on neighboring land uses The Meridian Zoning and Development Ordinance, Section 2-413 B, provides that... " No land or building in any district shall be used or occupied in any manner creating dangerous, injurious, noxious, or otherwise objectionai conditions which could adversely f 3 a C � f P � a t 13 May 1985 85-121 Meridian P&Z page 4 affect the surrounding areas or adjoining premises.....". And in the Meridian Comprehensive Pian, Section 1-4, under Comprehensive Plan Objectives, it states..." The following land use activities are not In compliance with the basic goals and objectives of the Comprehensive Plan: (a) Polluting industries. There is strong evidence to suggest that a Solid Waste Transfer Station is, in fact, a polluting industry and cannot be operated and managed in a manner to avoid the creation of dangerous, injurious, noxious, or otherwise objectionable conditions, as called for in the City's Comprehensive Plan and Zoning and Development Ordinance. ( w.n.•W. %a ••a +%.kc -v- " h -,-1J,) ay -,1 1 (The first piece of such evidence is drawn from State of Idaho Code, Title 31, Chapter 44. This law provides that all solid waste systems --other than those established and/or maintained by a city—shall come .Ender the iurisdictinty Commiss- iane; s. It also provides that all solid waste systems be located, maintained and operated in accordance to the rules and regulations adopted by the State Board of Health and Welfare. The Board of Health rules and regulations stated purpose in governing this activity, is..." To protect the public health, prevent nuisances, prevent saftey hazards, prevent pollution of water and air, prevent excessive land abuse..." Section 1-6001.01. These rules specifically include a solid waste transfer station in the term 'system'... "Solid waste management site means any land area used for storage, transfer, processing, separation, incineration, composting, treatment, recycling, reuse, or disposal of solid wastes." Section 1-6001.33 These rules further specifically define a Transfer Station, as follows:.."means a fixed or mobile facility used as an adjunct to a solid waste management system whereby solid wastes may be recompacted or otherwise processed and transferred from one vehicle or container to another for transportation to another place." Section 1-6001.36 Further, section 1-6013.01 requires that "Transfer stations for solid waste shall be operated under a conditional use permit issued by the department.- LJ c w To obtain such a permit, these rules provide that ..." Plans, maps, specifications, and a report on operational proceedures for solid waste management sites and facilities..... shall be submitted to the Department for review and approval before any construction or operation is begun..." Section 1-6005.01. Regarding the criteria for issuance of such a permit, the rules state......." To be considered for qualification of a conditional use permit, several of these conditions or circumstances shall prevail: subsection (1)..... "Extreemely low population density in an isolated area." Section 1-6005.02 (b) (1). This process is conducted as a joint endeavor by and between the State Board of Health and Welfare and the Central District Health Department. The review is designed to insure that the environment is protected, thus protecting the general public. A review of the referenced legislation and rules and regulations, indicates that a solid waste transfer station is not considered as normal light industry. It has certain aspects which require it to be governed by a State Conditional Use Permit. These aspects, are clearly defined as its potential for environmental polution and general health hazards. This would indicate that such a facility is clearly considered as a poluting industry, and as such does not meet the basic goals and objectives of the City's Comprehensive Pian ---that poluting industries are in non compliance therewith. Further, a careful review of Idaho Code 31-44, would appear to indicate that the location of such facilities within the corporate limits of a city was not envisioned, since the operation thereof was left clearly under the jurisdiction of the Board of County Commissioners. 13 May 1985 85-121 Meridian P&Z page 5 In reference to the polution capabilities of solid waste transfer stations, you have been invited, by several of my clients, to visit the site at 2785 South Liberty Road, in Boise. The operator has indicated to my clients that we Should not use their facilities as an example, as there are better operations. However, the important fact about this site, is that it is apparently operating within the norm considered in the preparation and promulgation of the State Board of Health's rules and regulations. Their conditional use permit has not been cancelled, nor their operation suspended. It would also appear that Ada County Board of County Commissioners, under whose jurisdiction they operate, are satisfied with the present practices. It is important to remember that these same regulatory agencies will be jurisdictionaly responsible for any such operation in the environs o Meridian, < < .�'t�lJ)r�fl4.eo -caw In defference to the operator of the Liberty Road site, and his opinion thafthere - were better operations to use as examples, I have contacted other governmental units - in our adjacent states to gain first hand knowledge of their operations and associated _ problems. The most in-depth interview I was able to obtain was with Mr. Dave Nyblom, Manager of the Solid Waste Department, Public Works Division, of King County, Washington. This contact was made on 7 May 1985, and Mr. Nyblom was most cooperative. His observations and recommendations concerning the siting and operation of a solid waste transfer station are as follows: General statistics and operational problems regarding Solid Waste Transfer Stations Assumptions given concerning proposed Meridian operation: a) 20 Trucks per day, hauling an average of 5 Tons each of compacted solid waste b) 100 Ton/day operation with room for expansion c) possible public access for delivering waste to transfer station General site requirements a) 8 to 10 acres required for 100-150 ton/day operation, plus additional space if overnight parking of trucks and/or truck maintainance is to be on-site b) - Site should be surrounded with cyclone fencing to reduce litter problems c) transfer station should be in an enclosed structure of concrete or metal -- wood structures more easily infested with rats, mice and other vermin. d) Facility should be served by central sewers. Wash down water is often highly toxic, and the concentration of solids therein makes septic systems subject to early failure. Optional, is an on-site waste treatment lagoon General siting requirements a) preferably no residences within one quarter mile b) preferably no residential developments within a third mile c) preferably no commercial, technical or office space within one -ha If mile d) should be considered as a nusiance industrial use, as far as planning and zoning e) best placed in area with low land value for any other use f) best adjacent land uses are: Truck/Transport terminal, Gravel pits, Concrete or asphalt plants ( King County tried putting one in a warehousing zone, and found the results to be very unsatisfactory) y 13 May 1985 85-121 Meridian P&Z page 6 Environmental concerns in siting consideration a) Traffic -- b) Noise c) (Nor d) Dust e) Litter f) Lighting g) Wastewater Disposal h) Visual or Asthetic i) Rodents and other vermin _ General Operational Problems a) Greatest operational problem is public access to transfer station. Public's transport of waste causes greatest amount of litter. They also contribute _ to traffic problem, and are a significant problem to the operator. Seattle, Washington has been sued on numerous occasions for the public getting hurt on the premises. Estimate that nearly two-thirds of the operational problems are associated with public's access to the facilities. b) Traffic can be a significant problem. Each collection truck load represents two daily trips on access roads. In addition, each three to four collection trucks represents one transport trailer load to land fill, resulting in two more trips on the same access roads. Public access to the facility exuberates these traffic concerns. c) Odor is a significant problem. Transport trailers must leave for land fill within a very few hours of loading. Facility washdown also creates additional orors. If the facility cannot be located in an area remote from higher land uses, a spray system with dedorant feed is a must. d) Noise is a major concern. The operation of the re -compacting unit, while the most constant noise, is not the greatest. The unloading of the collection trucks, and dipsy dumpsters creates the greatest noise. Even with an enclosed structure located on 8 to 10 acres, the noise level at the property line will often exceed 90 to 100 decibels. e) Dust is the most prevasive problem. No good answer for dust control has been - - found, according to Mr. Nyblom. Moreover, the problem is not simplistic. The dust often contains contaminants including certain construction material residue, household and agricultural pesticides, etc. Proper screening by natural topography, or other means is best available control at present. f) Litter is a continual problem. Even in their best operated transfer stations, there is a noticible increase of litter within a quarter mile radius, and will be - - noticible along transport routes to the transfer station and to the land fill. g) Lighting can be a problem for adjacent land uses. Waste transfer operations require very good lighting for proper operation. Estimates that plant needs - about 50% more candle power than other uses in any industrial zone. h) Wastewater disposal has been addressed above, but its toxicity should be stressed. great care should be taken to insure that site wastewater does not enter shallow groundwater acquifiers. i) Visual or asthetic values should be considered. Presence of solid waste transfer stations in close proximity with other land uses has been found to beunsatisfactory, except whrn located in association with other nuisance industrial uses. j) Rodents and Vermin have not been a significant problem with King County, in view of the fact that Their Health Department maintains rodent and vermin bait stations surrounding each site. These are monitored, and when necessary, an area extermination program is conducted. The transport of rodents and vermin to and from the station, in loads of solid waste is greatest concern in this area. x' Mzt ; ��.� 13 May 1985 85-121 Meridian P&Z page 7 General Recommendations a) keep away from higher Iand uses wherever possible- b) ossible-b) install horizontal ram type transfer trailer units— no vertical load system is litter tight c) Biggest complaint from public is increased litter and odor. attendants must pick up litter on a daily basis, and must use some type of deodorant spray in washdown operations d) Protect operators and the public, insofar as possible, from the air borne dust which is often toxic _ e) siting of structure important to insure it doesn't operate as an air tunnel distributing litter f) keep public out of facility if at all possible g) make sure that land fill operator will provide additional turnaround and unloading _ areas h) King County Transfer Station to Land Fill trip averages about 45 miles. 10 mile transport is considered minimum break even transport trip to justify transfer station. i) in siting, consider it a nusinance industrial use, because this is how the public perceives it. To assit you in considering Mr. Nyblom's comments, and their relationship to the site now under consideration—thet is, the effect on the environment and the socio-economic values of the City, its impact area, and the property owners of the East Meridian Property Owners Association, I have prepared an overlay to the composite zoning and land use map. The first item of consideration is traffic. The comprehensive plan of the city, states that ...." Access to industrial areas from collector and local streets should be discouraged." SectionIV, Industrial Policies No. 5. Locust Grove Road is considered a minor arterial; however Locust Grove cannot be accessed continually without passage over a portion of East Pine Avenue, which is classified as a Collector. Further, the site has no public road access, but is proposed to be served by an easement. Traffic will increase along Pine Avenue principally, as the most direct route from the city to the site. This will be particularly grevious if public transport of solid waste is permitted to the site. As an example of this problem, Snohomish County, Washington operates three transfer stations. At the site most nearly compatible to the one proposed, a 200 ton/ day station, they expect an average of 500 to 600 private vehicles a day during the weekends. In addition, the transport vehicles used by both King County and Snohomish County, have a loaded gross weight of approximately 40 tons. These loads, the increase of traffic—together with the present concentration of School District busses in the site vicinity could result in premature failure of the base materials on the streets subjected to this increase. Further, the fact that the proposed site is accessed by an easement, rather than a public right.- of- way, appears to violate the intent of the city's Comprehensive Plan and Zoning and Development Ordinances. A private street ever an easawnt seems inappropriate to an industrial site which will serve commerce (commercial solid waste c ollectors) and the ,general public (persons delivering their own solid waste to the station. The second item of concern is the noise factor. King County has indicated that the noise generated by their facility is in the range of 100 decibels at the property line. Based upon this assumption, then noticable noise polution will exist for nearly one-third mile from the center'of the site to the point at which the decibel rating has dropped to 50. It should be noted that the normal household noise level is around 40 decibels, so that even at this distance, the noise of the operation would be descernable. pt , 13 May 1985 Meridian P&Z page 8 Odor and dust are related problems, in that they are dispursed with the wind currents. The Annual Surface Wind Rose for the Meridain area, as published by the U.S. Department of the Interior, indicates that Meridain air currents are traveling at 4 to 15 miles per hour, for nearly My percent of the time. ; velocities of 16 to 31 miles per hour _ ten percent of the time, and under three miles per hour for the remaining 40 percent. This results in an average wind velocity of 8.4 miles per hour. Twentyfive percent of the time the wind is from the Northwest, and twentythree percent of the time from the Southeast. Thus, any dust or odor problems and Titer carri'eaaiofi would be expected to concentrate in the direction of these prevailing surface winds. For the purpose of demonstrating the effect of the wind carried Iitter, dust polutants and ordors, we have delimited the area affected within a two and five minute range at the average wind velocity of 8.4 miles per hour. This area o contamination can, of course, be much worse, depending on the particulate size of the material and the velocity of the wind. The litter problem, is directly associated with the visual or asthetic values of the local environment. Again, using Mr. Nyblom's comments that there will be a visual difference in the amount of litter within one quarter mile of the facility, and along the principle transport and collection routes, we have deliniated the: area potentialy affected by the proposed land use. Waste water disposal, and its potential effect on the shallow ground water acquifiers, is of major concern. Both Mr. Nyblom, of King County, and Mr. Costa of Snohomish County, stress the mandatory requirement of central sanitary sewers for disposal of process and wash down water from such a facility. Both stress the problem of the waste water rapidly blinding out a septic type disposal system, and Mr. Costa, in particular, stressed the effect of a septic disposa,' system on the ground water. He points out that said waste water carries large amounts of leachates, oil and greases,, and common household pesticides and herbicides. The Meridian Comprehensive Plan and Zoning and Development Ordinances recognize the potential effect of industrial uses on our acquifiers. Section 2-408 / 12 of the Zoning and Development Ordinance states "this district must also be in such proximity to insure connection to the Municipal Water and Sewer systems of the City of Meridian" And in Section IV, Industrial Policy No. 13, it states "Industrial uses should be located where their generated water can be properly treated and pretreated to eliminate any adverse impacts upon the city sewer treatment facility and irrigated lands that recieve industrial runoff water." And under Policies, page 4, Sewage Facilities and Service, item 1, it states " all new subdivisions, planned developments, and large commercial and industrial development projects shall be required to connect to the municipal sewer service." and under Municipal waste treatment, policy No.2, page 69, of the Comprehensive Plan it states " the City of Meridian shall assure that any industrial or commercial discharges to their public wastewater treatment facility shall provide pre-treatment as specified by their NPDES permit....." While it may well be the applicants intent to extend the community services to the site and provide for pre-treatment- no evidence of this has been made available to my clients. This is of particular concern service the ,ground water on the subject site is extre,emly high, preventing even most agricultural pursuits. In this reguard, I would note that on page 71 of the Comprehensive Plan, it states "the City of Meridian will encourage and support studies that will determine ground water quality conditions for the purpose of protecting the publics' health and will determine mans impact on the groundwater aquifiers." 13 May 1985 85-121 Meridian P&Z page 9 Based upon previous studies, Meridian is aware of the fact that our shallow ground acquifiers flow generaly to the Northwest, following the patterns of the areas irrigation and drainage facilities. This was of great enough significance to the city several years ago to prompt it to support the "Southwest Ada County Building and Development moritorium. The concern was primarily based on the infulence of the great number of septic systems in that area on the wells and surface waters in Meridian Less than 300 feet Northerly of the proposed site, the Creason drain carries shallow ground water drainage to the Northwest. ?his source could carry contaminants to wells located in that direction—particularily in the Carol subdivision and surrounding lands. The general area of influence has been delineated on the overlay. The problem of rodents and other vermin, and their potential disbursement from the site, cannot be readily mapped. However, the potential health hazard is real. Left unchecked, this problem could result in the vermin spreading out into surrounding areas, particularly Southeast and Northwest, where their travel would be aided by water course travel along the existing waterways. On the other hand, proper extermin- ation measures carried forth could mitigate the outward disbursement, but at the same time result in dead and dying vermin being consumed by household pets, thus spreading the hazard of any disease they might carry and the pesticides used to exterminate them onto the surrounding properties. This is, no doubt, one of the principle reasons why the criteria published by the State for these facilities, recommends a remote very low density area with good drainage. Lighting, is a Iessor, but still important concern. You will recall that Mr.'Nyblom, of King County Washington, states that a solid waste transfer station requires approxi- mately 50% more lighting than most other light industrial uses. In this requard, the Citys Zoning and Development Ordinance, 8�ctian 2-413. B (1) (f) stages "No direct or reflected glare shall be permitted which is visible from any property outside an industrial district or from any street," Based on the foregoing analysis it is difficult to see how the applicants proposed use of the site can meet the following criteria of the City Ordinances: "to protect residential, commercial, industria and civic areas from the h f intrusion of incompatible uses........," Section 2 - 402, 5 Zoning Ordinance, and " Industrial uses adjacent to residential areas should not create noise, odor, air pollution and visual pollution, greater than levels normally associated with surround- ing residential activities." Comprehensive Plan, page 17, Industrial Policy No. 6. In, Summary, my clients believe; 1. That there is no justification or public need to rezone any more land as light industrial at this time. 2. That the proposed annexation and zoning, and stated use, would be in conflict with established and proposed land uses in the area. 3. That the environmental and socio - economic effect of the approval of this application would result in a taking a value from them. 4. That any action by the City, other than denia4 would be inappropriate since the applicant has not; (a) "provided a detailed economic analysis, so that specifics of ...plans, designs and development will be known...." as called for under the Industrial review area guidelines of the Comprehensive Plan. (b) applied for consideration and approval of the Ada County Board of County Commissioners, under whose jurisdiction he must operate. 13 May 1985 85-121 Meridian P&Z page 10 (c) Applied for review and approval of the Central -District Health, who may specify certain approval conditions, such as groundwater monitoring of the site prior to approval. (d) Applied for a Conditional use Permit from the State Board of Health and WeINre. Finally, my clients would dike Moe to know that they appreciate the service that he provides the community, and they applaud his efforts to improve this service by making a very substantial capital investment. They do, however, feel that Moe has done an inadequate job in the site selection and in pursuing the necessary permits and approvals. NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to the Ordinances of the City of Meridian, that a Public Hearing will be held before the City Council on Monday, the 5th day of August, 1985 at 7:30 o'clock p.m., at the Meridian City Hall, 728 Meridian Street, Meridian, Idaho, on the Application of Mohammad Alidjani, for the purpose of annexing and zoning of real property which is generally described as a portion.of the S 1/2 of the NW 1/4 of Section 8, T. 3N., R. 1E., Boise Meridian, Ada County, Idaho, and a more particular description of the property is on file with the City Clerk's Office and such may be inspected at any time and the general address of which is known as: 1740 E. Pine Street, Meridian, Idaho; said pro- perty has been requested to be zoned as (I -L) Light Industrial. The proposed use of said property is to locate an industrial build- ing for a solid waste transfer station. Any and all interested persons will be heard at said hearing. DATED Thisj� day of July, 1985. AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 8W2 Telephone 8884481 NOTICE OF PUBLIC HEARING IINOTICE IS HEREBY -GIVEN, pursuant to Ordinances of the Citv of .Meridian, that a Public Hearing will be held before the Planning and Zoning Commission on Monday, the 8th day of April, 1985, at 7:30 o'clock p.m., at the Meridian Primary School, 48 W. State Avenue, Meridian, Idaho, on the Application of Mohammad Alidjani, for the purpose of annexing and zoning of real property which is generally described as a portion of the S1/2 of the NW1/4 of Section 8, T. 3N., R. 1E., Boise -Meridian, Ada County, Idaho and a more particular description of the property is on file with the City Clerks Office and such may be inspected at any time and the general address of which is known as: 1740 E. mine Street, meridian, Idaho; said property has been requested to be zoned as (I -L) Light Industrial. The proposed use of said property is to locate an industrial building for a solid waste transfer station. Any and all interested persons will be heard at said hearing. DATED this day of March, 1985. c� Jack Iiem nn,`City Cle AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telsphone 888.4481 nn rf 0 1y rL rr, r+ V, CL V. 2 r, rr ✓, C. c o 0 c = G V r, c rt L r• � a � r - r T R C a c a n o � .o = w r+ w V7 N :3 g rz w M -0 n CD 0 > o H 0 ti n LU L) r+ (n J. N = O til OD O u, z J J J. �+ CT � fD PT LJ G L c ` r, Q r c r: r_ ?_ C- D C. 3 r. r- c c r - a r - G T — r: c C_ C` y �% a r* G G c V = - r C c ri f� � .• = -- r+ y vi V, Lr- cyr =7 i c�� O -i, — LID' .�. J. to JW r+ (D w' J r+ ��. w r+ J. C7 J. Vf ♦ / rD - TM VI •Y r+ Z "I J. O orD rD O J 0 -5 J r+ C7 �• C+ 'D r+ L~ C+ A J. J. 0 r+ •• -7 z � CD r0+ U, to C= O w --� w ;;o m C �+ w r+ O O rDI!J m J 'D -t. HO T o n C) m H PT LJ G L c ` r, Q r CC) Si V' F- r r' a U. - r* R Er PT LJ x t1] H zz^ 4, d H t1i ror 7d t"I H o G: ^i z W 00 N Ln p z H z Q m m .-e r A t1i -s H HCl F-1 A q z Q z H z ci Z N L z H 3 O rD N3 2. M n 3 M a z n .� w o= N co rt w- rn N . k l MV M q} � uN "F F CC) Er m n c-1) r) H -o > 3 Z 00-0 H O N 5• D fD L~ rD z � CD r0+ U, r�r y w O rDI!J 'D -t. HO o n O H C=) n -s r, 3 rD[ o y n �J x t1] H zz^ 4, d H t1i ror 7d t"I H o G: ^i z W 00 N Ln p z H z Q m m .-e r A t1i -s H HCl F-1 A q z Q z H z ci Z N L z H 3 O rD N3 2. M n 3 M a z n .� w o= N co rt w- rn N . k l MV M q} � uN "F F CC) m c-1) r) H -o > 3 Z 00-0 H O N 5• D fD L~ rD z � CD r0+ r�r y w O rDI!J 'D ?r-5 HO o n rLnn H C=) n -s rD 3 rD[ o y n D � rD Z cL c_ ttj CD n z N n C) 3 w H O O n C x 0 0 En i ¢. O a ,w hi H -00 H 6) txJ t' x w c+ En :Do H r+ ro H H J. zJ• �1 LC `n ro H C r+ w tri z En m C ttj • n 0 H � C En H OLA H r � + C � 1 trJ tij H x t1] H zz^ 4, d H t1i ror 7d t"I H o G: ^i z W 00 N Ln p z H z Q m m .-e r A t1i -s H HCl F-1 A q z Q z H z ci Z N L z H 3 O rD N3 2. M n 3 M a z n .� w o= N co rt w- rn N . k l MV M q} � uN "F F Y y 5 a u^ � � 3 z. qgC €p Yr � SUPPLEMENTAL INFORMATION 1. Present Land Use - agricultural. 2. Proposed Land Use - Industrial. Building for use as a solid waste transfer station. 3. Present District - Ada County Agricultural Preserve - AP -2. 4. Proposed District - City of Meridian Industrial - I. 5. Characteristics of the Property - Adjacent to existing industrial zoning =j and approved industrial uses. Utilities are available to the site. 6. Desirability and Harmony - The annexation and rezone are being requested to allow the applicant to construct a solid waste transfer station. This station will be used by the City's solid waste contractor to improve the efficiency of solid waste disposal. All solid waste transfer activity will be conducted inside the proposed building. The proposed activity will have minimal aesthetic, noise and odor impacts. Adjacent properties are industrial and the proposed use will be in harmony with these adjacent uses. 7. Meridian Comprehensive Plan - The Meridian Comprehensive Plan allows for industrial uses in the general area in which the applicant's property is located. The City has recently approved large scale industrial zoning and industrial development proposals adjacent to the applicant's property. SAW • • f South 89 19 West 208.71 feet to a point; o thence South 0041' 00" Fast 208.71 feet along a line Easterly of cad parallel to the said Westerly boundary of the NW 1/4 at Section 8 to the point of beginning. • sogsther with thw following described easement which shall ••.' Midath o! 5VLde 000 fees to tfrom Parcel andlength ofI200 00 fast, ve and hto witsich :Ls in the :• an easement for a riga-at-way of egress and Apress across the following described property: . portion of s e S C;oun 2y of the Wand4of Seed" moore p rl 9 N.. ,as l E .M., Ada ly described at the brass cap marldng the Southwest corner d. the said W 1 4 at Section 8; �thium North 88057'50" East (formerly describe! u North 84000 East in Instrument No. 756596) 687.40 feet along the Southerly boundary of the add S 1/2 of the NW 1/4 of Section 8, which is also the center line of East Pine Avenue to an iron pts. the REAL POINT OF BEGINNING; theN 0°41'00" W 200.00 feet along aline Buterl of cadnce parallel to the Westerly boundary at the said NW I I dwow 3 88057150" W Moo teat; thence S 0041'00" E 24 00 feet; thence N 8805750" E 50.00 feet to the REAL POINT OF BEGDAWG It is noted that this easement is not exclusive but is also appurtenant to the parcel described above "'Parcel ii. • 1C K K .0 Subject also to an additional easement which is appurtenant to Parcel II which easement is also 50.00 feet in wideth and 200.00 feet in length and described as follows, to wits r_ ABCEL 1 t • As eassssat tot ingress and @gross over a portion of the South 1/2 of the Northwest 1/4 of Section 6, Township 3 North, Range 1 Bast, Boise Meridian, Ada Cssatyo Idabol and more particularly described as follows; NBissiag at the brass cap seeking the Southwest corner of the said Northwest 1/4 of Section 8; thence NdrU 88057150" East (formerly described as North 89000' Bast in Instrument No. 756596) 667.40 fat along the Southerly boundary of the said South 1/2 of the Morthwest 1/4 of Section 8, which is also the center Use of East line Aveda to an iron pin; thence Mostb 0041100" West 350.00 fat along a line Easterly of and parallel to the Westerly boundary of the said Northwest 1/4 of Section 8, which is also the center Lias of Locust Grove Road to a point, also said point being the REAL POW of BEGINNING; thence Merck 89'19' East 50 feet to a point; thence 8estk 0041100" East 200.00 feet along a lice Easterly of and parallel to the aid Westerly boundary of the NW 1/4 of Section 8 to a point; thence South 88057'50" West SO feet to_a point: th ce _ North -0411000 Vast 200 feet along a line Easterly of and parallel to the said -....• _ _Ikkal tlXjumindery of the NW 1/4 of 4g9O0 8 to the POINT OF BROMUG. 5W M -CAI 0 a SL: A :ilql!El, �41 L-4 Ovi,,,f 4 a M-1 5`11 ® s March 8, 1985 '0 0 March 6, 1985 We the undersigned, Donald D. Harris and Mary T. Rhoades owners of the property located at 1800 East Pine. Provide ledgal discription as in "Exhibit A" (copy available). Due note this statement as pre -requested for zoning and annexation. Notary for State Of Idah.o residing at Meridian, Id 83642 Donald D. Harris 0 1 0 March 8, 1985 We the undersigned, Herbert C. iieaman and Lillian eaman oweners of the property located at approxirnately� Last Pine. Provide legal description in "Exhibit All (copy available). Due note this statement as pre -requested by City of Meridian fbr annexation and zoning. e 4��7/ __ Notary Public for the State Of Idaho residing at Meridian, Idaho February 2, 1984 _ COUNCILMEN BILL BREWER RONALD R. TOLSMA J. E BERT MYERS ROBERT GIESLER BOB SPENCEP Chairman Zoning & Planning NAME AND HOME ADDRESS OF MAYOR & CITY COUNCIL MEMBERS: Mayor: Grant Kingsford 1844 Lawndale Meridian, Idaho 83642 Council: Bill Brewer 105 East Carlton Ave. Meridian, Id. 83642 Ron Tolsma 1009 W. Washington Meridian, Id 83642 J. E. Myers, Jr. 1908 NW 10th Meridian, Id. 83642 Bob Giesler 941 Storey Ave. Meridian, Id. 83642 vv E a �y fi 6 x} RaFe^T� fi 3'A'"aN'fi,i M# Y8 '� 3lk:e Hi L, GF TF1:A,�T. PF I',41-1 FY A Good Place to Live ,;AGK NSE ."ANN. City Gen Ci CITY OF MERIDIAN A M KIEBERT Treas • e RICHARD O NICHOLS Ch e' of Poli:E 738 Meridian Street BPUCE D STUAR' Wale, WO'vs Supt A1, NE G CROOKSTON JP Attorney MERIDIAN, IDAHO EARL WARE,. Waste Water Sup:. 83642 KENN, BOWERS Fire Chia! Phone 883-4433 GRANT P. KINGSFORD Mayor February 2, 1984 _ COUNCILMEN BILL BREWER RONALD R. TOLSMA J. E BERT MYERS ROBERT GIESLER BOB SPENCEP Chairman Zoning & Planning NAME AND HOME ADDRESS OF MAYOR & CITY COUNCIL MEMBERS: Mayor: Grant Kingsford 1844 Lawndale Meridian, Idaho 83642 Council: Bill Brewer 105 East Carlton Ave. Meridian, Id. 83642 Ron Tolsma 1009 W. Washington Meridian, Id 83642 J. E. Myers, Jr. 1908 NW 10th Meridian, Id. 83642 Bob Giesler 941 Storey Ave. Meridian, Id. 83642 vv E a �y fi 6 x} RaFe^T� fi 3'A'"aN'fi,i M# Y8 '� 3lk:e A Page 2 VALLEY NEWS July 11, 1985 ®pinion P&Z takes right course on request If federal funds don't quite spray Olsen said he first heard about ' vo There was a lot of concern ex currently operating his business holds would otherwise be unable to pressed at last Monday's regular more residential dwellings, establish. The Idaho Stv meeting of the Planning and Zoning even though it is zoned light in. We feel the Commission acted in a pout was held ai Commission over a request by Mo 'dustrial, than the site which he has proper and well -conceived manner. weer, Cascade ar. Alidjani to re -locate his $anitary Proposed. We also feel it is unjust the 7. Services, Inc., solid waste disposal Secondly, and most importantly, Commission be termed "stacked", O business. Alidjani does ,not have to look to un- as one resident said after the ° Residents living near the annexed land to relocate his meeting was concluded. 00n proposed new location un- business. There are plenty of areas As the old saying goes, "You can derstandably don't want a garbage zoned light industrial which he can, please some of the people some of pitching contest. dumpestablished next door. Who choose from and if he decided to � the time, but you can never please divisions. can blame them? move his business to one of those ,all of the people all of the time." In the mens cla But the Commission listened to locations the city would be hard When faced with a situation of this gale won first, a; the testimony provided them at Monday's public hearing, and pressed to place any of the restrictions they were able to place nature, the most reasonable course won second. carefully considered that testimony upon the new location. to take that which provides the most benefit. Exp, before reaching their decision. By exercising the city's an- feel that is the course of action Step Three. Then go to the op, 1 their decision was a just 'gVe fee ] nexation authority, a legislative the Planning and Zoning Com - posite side of the field with all your one for two reasons. function, the city can place con- mission has taken in this instance. � $i Fred �- First, the area in which Alidjani is ditions upon the annexation they As the Peden t rtin a car larger and larg found to decrease Because a lar :oda Mo Journey To wake the darn thing go. And raise the dog -gone hood. national budget t care (Medicare Did you ever try to start a car Some say "hold the gas pedal down All you see is a bunch of junk, these programs When you're ignorant about the And just turn the little key, So you call the auto shop. scrutiny for poter thing' Some say pump it up and down, He comes and starts it right off In an earlier s You pump and run the batteries That'll make it go; you711 see. You feel like ori ignorani flop. the Lift down Group) program And don't even get a "ping". You push and pump and sweat and You're all a dither about this time, hospitals on the swear And tenser and tenser you grow; diagnosis, wheat You flood the carburator, they say, Not a thing does any good Just trying to make a darned old car hospital two days How in Hell do you know, So you get out a bawling, get started and really go. Linder this pro; Just what you're supposed to do discharge the i hospital as soon a Tired o f hoppers. Fact them If federal funds don't quite spray Olsen said he first heard about anywhere. The grass -covered the heck out of the grasshoppers, eating grasshoppers from reading trench offers- a haven from the some farmers may be forced into about the great grasshopper confusion, and literally thousands of The Idaho Stv some Paiute measures, are outdoor roundups of the primitive Paiutes hoppers will seek refuge there, pout was held ai wildlife author said. long be€ore white men started filling it nearly to the top. weer, Cascade ar. Larry D. Olsen, author of Outdoor rounding up cattle. Step Five. Just at the right 7. Survival Skills& said desert Indians Here is how Olsen catches the moment, everyone drops his willow A pot Huck supe of the West literally depended on the hoppers: and starts throwing lighted matches Friday evening. annual hatch of grasshoppers for a Step One. Across one end of a at the dry grass covering the long The Saturday substantial part of their diet. hopper -infested field or meadow, trench. Poof! Roasted hoppers. was followed b "The nutty flavored hopper dig a small trench approximately That ends the roundup• pitching contest. made great additions to soups and' one shovelful wide and one shovelful The following are real-life true divisions. stews. They were always well deep. recipes from Olsen that require In the mens cla cooked and never eaten raw," he Step Two. Lay a thin layer of roasted hoppers: gale won first, a; said. dried grass over the top of the long Flap Hoppers, Farm Style won second. T trench so that the interior is shaded APs milk In the mens cl s and dark. 2 eggs DeWeese won Step Three. Then go to the op, '4 cup oil Gallant won sece; posite side of the field with all your 2 cups flour In the ladle friends and kids, each armed with 3tsp. baking powder DeWeese won fi G f « G mn s TV . err a rpsscs • 1 Y meq, is NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to the Ordinances of the City of Meridian, that a Public Hearing will be held before the City Council on Monday, the 5th day of August, 1985 at 7:30 o'clock p.m., at the Meridian City Hall, 728 Meridian Street, Meridian, Idaho, on the Application of Mohammad Alidjani, for the purpose of annexing and zoning of real property which is generally described as a portion.of the S 1/2 of the NW 1/4 of Section 8, T. 3N., R. 1E., Boise Meridian, Ada County, Idaho, and a more particular description of the property is on file with the City Clerk's Office and such may be inspected at any time and the general address of which is known as: 1740 E. Pine Street, Meridian, Idaho; said pro- perty has been requested to be zoned as (I -L) Light industrial. The proposed use of said property is to locate an industrial build- ing for a solid waste transfer station. Any and all interested persons will be heard at said hearing. DATED Thish�_!_3 day of July, 1985. AMBROSE, FITZGERALD &CROOKSTON ARomeye and Coaneeiare P.O. Box 427 Meridian, Idaho 83642 Telephone 88&1461 0 Ir -2 .50X ?.ODS -3 -naPess-EgKss F So X 200 EgLsein-nll P)MAN AVLEAWR ip 19 0 Ir -2 .50X ?.ODS -3 -naPess-EgKss F So X 200 EgLsein-nll P)MAN AVLEAWR CJ 8 .r 107 - 5; 2., C,-,� A ip CJ 8 .r 107 - 5; 2., C,-,� A OFFICIALS JACK NIEMANN, City Clerk A.M. KIEBERT. Treasurer BRUCE D. STUART, Water Works Supt WAYNE G. CROOKSTON, JR., Attorney EARL WARD, Waste Water Supt. KENNY BOWERS, Fire Chief October 9, 1985 eNUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 728 Meridian Street MERIDIAN, IDAHO 83842 Phone 8884433 GRANT P. KINGSFORD Mayor Mr. Mohammad Alidjani 2023 Turnberry Way Meridian; Idaho 83642 Dear Moe, COUNCILMEN BILL BREWER RONALD R. TOLSMA J. E BERT MYERS ROBERT GIESLER BOBSPENCER Chairman Zoning 6 Planning At the Meridian City Council meeting held October 7, 1985 your application for annexation and zoning of eleven acres located on East Pine Street was denied based upon the Find- ings of Fact and Conclusions of Law that were prepared for the Meridian City Council. You have received a copy of these Findings of Fact and Conclusions. Sincerely, city] c :;w MEPJDIAN CITY COUNCIL• AUGUST 19, 1985 PAGE # 2 a someone else to prepare these. Councilman Brewer, would that not entail another Public Hearing so that Hearing Officer would have all of the testimony? Mayor Kingsford, no, he would work from the minutes and the tapes. Councilman Myers, what is the additional expense going to be involved in that? Mayor Kingsford, I have advised Mr. Alidjani that it could be more money than if we did it in house but I think it could be open for a great deal of challenge, were we not to have someone else do this. Myers, is it not the duty of the Attorney to gather up the facts and findings and put them together with no opinion? Crookston, when I do Findings on any application, I make the factual findings and discuss the application with the body involved and then base the conclusions on my discussion with the appropriate govenoring body, I feel the ultimate approval comes from the Council or the Commiss- ion but it would be my recommendation to go ahead and find someone else to do the Findings if for no other reason that I have represented Mr. Alidjani as I have represented some of the Councilman, you know you can not get away from conflicts in a small town, I think it is appropriate to help if anything lessen the friction that is in this application, whether or not I`could do it without prejudice one way or the other may not be the question but it might be better off for all parties involved that someone else do this and I would concur in this request by Mr. Burkett. Myers, I take exception to that, I do not agree with him at all but if you are saying that is what you want to do that is fine with me but I have no problem with you doing it. If that is the case than I have a conflict as I work with Mr. Alidjani as the Commissioner for the sanitation, so that means I should step down to I suppose. Crookston, I think that is each individual Council Members opinion, I think you really do not have a conflict of interest in the application unless you have some type of relationship with Mr. Alidjani either as family type relationship or that you have a monetary interest in the property or you are his employer, certainly there is a contract between the City of Meridian and Sanitary Services but I do not think the Council is in the position of an employer based upon a private contract that is negotiated every now and then. Myers, that was going to be my next question, if there was a conflict then the whole City Council would be in conflict because Mr. Alidjani works for the City, in a sense with his contract. Maybe we should have someone do the whole thing beside the City Council. Crookston, I do not think you can do that, I do not think you can advocate the decision making process, I think for purposes of this application and to solve some of the friction I believe it would be appropriate to have someone else draw up the Findings, then you will ultimately have to make the decision anyway as it is your decision not the person drawing up the MERIDIAN CITY COUNCIIO AUGUST 19, 1985 PAGE # 3 s Findings of Fact and Conclusions. Brewer, as the East Side Hom�heners FindingsAssociation Factwhat and Conclusions that validcomplaint two weeks ago was came out of Planning & Zoning Commission did not in any way exemplify all of their testimony, so that means it is not in those Findings but I Fact, n not I suppose it is in the records, in the minutes and so on, help but feel maybe it will lack some fairness fOointth sides concerned and the Hearing Officer to pick this up at this p ll Mayor Kingsford, It is not lng recordland,thatyislwhatehasetorbegdone Findings of Fact from the written anyway. Both written and oraltestimony and ny oall the oral testimony is on the tape and we have the written Brewer, who do you direct to do this sort of thing? Mayor Kingsford, I think we will have to do some research and find a competent Attorney that would illnot havehave toabe done findOf tthattperson. and a certain amount of research w The Motion was made by Giesler and seconded by Tolsma to instruct the Attorney to prepare Findings oflaact aith theupeorson selected tonSs. on the xpreform ation & Zoning request by Mohammad Al janiw this to be reviewed by the Council. Motion Carried: All Yea: Item #2: Ordinance #451: e of the itle 7 Mayor Kingsford, An Ordinancd compliedlordiancesty Of lofathe mCity nofTMeridian, Chapter 5, of the revised an p entitled sewer use, by the addition thereto of a new section which shall ntribution of proportionate be known as "Section 7-527 A: Payment or co ucting sewer lines; Co-op cost and expenses of constrerative Agreements", and providing an effective date. is there There waon-p in stno response.he audience who wishes Ordinance #451 read in its entirety. The Motion was made by Brewer and seconded by Tolsma that the rules and provisions of 50-902 and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that ordinance Number 451 be passed an pp Motion Carried: Brewer, Yea; Tolsma, Yea: Myers, Yea; Giesler, Yea: Item #3: Resolution #100: Tentative Budget: Mayor Kingsford, A Resolution authorizing Publication of ffan estimatethe of May the expenses for all purposes for the City of Meridian, year beginning the 1st day of October 1985 anl d ending the 30th day of September 1986 and giving notice of public hearing prior to passage of of the annual appropriation bill. The probable revenues $2,393.385-00J necessary amount ntsuenone.393'385.00. Any comments from the Council? Therewere Giesler and seconded by Brewer to approve Resolution The Motion was made by #100 for the Tentative Budget. k rj y r X t, a r= 4" y ' p 1 J!v I MERIDIAN CITY COUNCIIO AUGUST 19, 1985 PAGE # 3 s Findings of Fact and Conclusions. Brewer, as the East Side Hom�heners FindingsAssociation Factwhat and Conclusions that validcomplaint two weeks ago was came out of Planning & Zoning Commission did not in any way exemplify all of their testimony, so that means it is not in those Findings but I Fact, n not I suppose it is in the records, in the minutes and so on, help but feel maybe it will lack some fairness fOointth sides concerned and the Hearing Officer to pick this up at this p ll Mayor Kingsford, It is not lng recordland,thatyislwhatehasetorbegdone Findings of Fact from the written anyway. Both written and oraltestimony and ny oall the oral testimony is on the tape and we have the written Brewer, who do you direct to do this sort of thing? Mayor Kingsford, I think we will have to do some research and find a competent Attorney that would illnot havehave toabe done findOf tthattperson. and a certain amount of research w The Motion was made by Giesler and seconded by Tolsma to instruct the Attorney to prepare Findings oflaact aith theupeorson selected tonSs. on the xpreform ation & Zoning request by Mohammad Al janiw this to be reviewed by the Council. Motion Carried: All Yea: Item #2: Ordinance #451: e of the itle 7 Mayor Kingsford, An Ordinancd compliedlordiancesty Of lofathe mCity nofTMeridian, Chapter 5, of the revised an p entitled sewer use, by the addition thereto of a new section which shall ntribution of proportionate be known as "Section 7-527 A: Payment or co ucting sewer lines; Co-op cost and expenses of constrerative Agreements", and providing an effective date. is there There waon-p in stno response.he audience who wishes Ordinance #451 read in its entirety. The Motion was made by Brewer and seconded by Tolsma that the rules and provisions of 50-902 and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that ordinance Number 451 be passed an pp Motion Carried: Brewer, Yea; Tolsma, Yea: Myers, Yea; Giesler, Yea: Item #3: Resolution #100: Tentative Budget: Mayor Kingsford, A Resolution authorizing Publication of ffan estimatethe of May the expenses for all purposes for the City of Meridian, year beginning the 1st day of October 1985 anl d ending the 30th day of September 1986 and giving notice of public hearing prior to passage of of the annual appropriation bill. The probable revenues $2,393.385-00J necessary amount ntsuenone.393'385.00. Any comments from the Council? Therewere Giesler and seconded by Brewer to approve Resolution The Motion was made by #100 for the Tentative Budget. ' `} rj t, y ' p 1 ,•5 p � Y 0 LAW OFFICES C. BEN MARTIN MARTIN, CHAPMAN, PARK & BURKETT J. F. MARTIN (1893 • 1967) P.O. BOX 2898 JOHN S. CHAPMAN STATEHOUSE CENTER BUILDING TELEPHONE 343.6485 W. ANTHONY PARK 775 N. 8TH STREET • SUITE 200 AREA CODE 208 F. MICHAEL BURKETT, JR. CHRISTOPHER W. CLARK BOISE, IDAHO 83702 August 9, 1985. Meridian City Council City Hall 728 Meridian Meridian, Idaho 83642 Re: Application of Mohammad Alidjani for Annexation and Rezoning Dear Sir: On behalf of the East Meridian Property and Home Owner's Association, I am submitting this letter as a formal objection to participation in this action by the current retained attorney of the City Council. Although the members of the Association have no personal misgivings about the qualifications or integrity of Mr. Crookston, we do feel that his prior representation of the applicant, Mohammad Alidjani presents a conflict of interest that can easily be mitigated by having independent counsel work for the Council in the preparation of Findings of Fact and Conclusions of Law and the other functions normally performed by the City's attorney in conjunction with an application for annexation and rezoning. FMB/aw Very truly yours, MARTIN, CHAPMA PARK & BURKETT /A i MA RK TT, JR. A MERIDIAN CITY COUNCIL AUGUST 5, 1985 Regular Meeting of the Meridian City Council called to order by Mayor Grant Kingsfprd at 7:30 p.m. Members Present:.Bill Brewer; Ron Tolsma; Bert Myers; Bob Giesler: _ Others Present: Gary Schaffer, Lloyd Howe, Helen Alidjani, Kevin Keyt, S,. Michaelson, Dale Newberry, Dick & Susan Weaver, Eugene & Pat Keith, Dwayne & Linda Mikeal Benedict, Betty Muccic, Art Moore, Genevieve Moore, Betty Wolde, Andrew Wolfe, Richard Orton, Opal Farrington, Bill Barkell, Pat Fabricius, Aline DeNardi, Joe DeNardi, Richard Parcells, Blanche Wolff, Martin Fabricuis, Marcella Heffner, Elaine Smith, Vera Hornbaker, Art Finnell, Lawrence Smith, Loren Hornbaker, Gary Harr, Mr. & Mrs. Leonard Rhodes, Ila. Thomson,, Bill Thorgson, JoAnne LaCasse, Paul Bolinger,_ Alma Bolinger, Mary Jensen, Harry Jensen, Doris Oliason, S.C. Anderson, Steve Gratton, Fred Martin, Bill Ebert, Janet Ebert, G.R. Peterson, Delmar Ouderkirk, Shirley Peterson, Terry McCarthy,Jim Potter, Wayne Crookston, Mohammad Alidjani, Michael Burkett, Ronda Lowe, Walt Morrow, Bob Spencer, Gary Smith, Miriam Barr, The Motion was made by Myers and seconded by Giesler to approve the minutes of the regular meeting held July 15, 1985 as written: Motion Carried: All Yea; The Motion was made by Tolsma and seconded by Myers to approve the minutes of the Special Meeting hold July 16, 1985 as written: Motion Carried: All Yea: The Motion was made by Tolsma. And seconded by Brewer to approve the minutes of the Special Meeting held July 22, 1985 as written: Motion Carried: All Yea: Item #1: Annexation & Zoning Request by Mohammad Alidjani: Mayor Kingsford, according to the rules adopted by the Meridian City Council by Ordinance #446 all those people giving testimony will be asked to take an oath swearing that the testimony they give true and I will ask the City Attorney to admister this oath. I would like to begin by having everyone look at the map of the City, those area colored orange are currently annexed and zoned Light Industrial, according to our Ordinances a permitted use in any of that area would be for a trash collection service, the issue at hand if it occurred in any of that land this meeting would not take place, the applicant could just pick up a building permit, this is for your information ahead time, we could make no conditions what so ever. Mr. Alidjani I might ask you to point out on the map the land that has been asked to be annexed, Mr. Alidjani pointed out the property on the map. Mayor opened the Public Hearing and advised _ it would be done by order of sign in. Pat Fabricius, I defer my time to Martin Fabricius. Aline DeNardi, I defer my time to Jim Potter; MERIDIAN CITY COUNCII AUGUST 5, 1985 Page #2 Joe DeNardi, I defer my time to Jim Potter: Richard Parcells, I defer my time to Jim Potter: Blanche Wolff, I defer my time to Jim Potter: Martin Fabricius, Mr. Fabricius was sworn by the City Attorney. Mr. Fabricius, before my remarks this evening gentlemen, I would like to submit for your consideration this statement I made before the Plan- ning & Zoning on June 10, 1985, and I want to make absolutly sure it is -- made a part of the record, it give5a bit of the background what has -- transpired out there as far as some of the exiting property owners, I think it is very important to -us: (This item made part of the record as Exibit "A"). I would also like to make the comment somehow I was _ - enticed in to making a television appearance today, I did not ask for that, and there were four comments I was supposed to have made and I only made one of them. Mr. Fabricius resides at 1235 Atkins Road, Meridian , Idaho, Mr. Fabricius gave testimony from a prepared statement which is made part of the record as Exhibit "B". Mayor Kingsford, any questions of Mr. Fabricius by the Council? There were none. Marcella Heffner, I defer my time to Jim Potter. Elaine Smith, I have a petition here with 171 signatures and the. one that was handed into the Planning & Zoning probably has one page more'that is not included in this, so there will be approximately 180-185 signatures protesting this. (Petition on file with these minutes) Councilman Giesler had a question for Mrs. Smith, Attorney Crookston swore Mrs. Smith as she had not been sworn previously. Giesler, how large of an area do these signatures cover? - - Mrs. Smith West of Eagle Road, to the City Limits on Pine, Mayor Kingsford, how far North & South? Smith, Franklin & Fairview, just our area that will be directly impacted. -- Vera Hornbaker, I defer my time to Jim Potter: Lawrence Smith, I defer my time to Jim Potter: Loren Hornbaker, I defer my time to Jim Potter: Michael Burkett, Mr. Burkett was sworn by Attorney Crookston: Mr. Burkett, I am here as attorney for the East Meridian Property Owners Association and I will be raising some more or less procedural issues rather than testimony to facts. The first issue I would like to address is the authority that is before this Council as well as Planning & Zoning Commission to make this determination on placement of a Solid Waste MERIDIAN CITY COUNCIL AUGUST 5, 1985 PAGE # 3 System, or a plant that is in effect part of a solid waste disposal system. I would like to point to the Council that under Idaho Code, Chapter 44, Section 4401, or Chapter 44, Idaho Code 31 that.. it states that this type of system, solid waste system is to be located in the County and that the County, which would be Ada County would have jurisdiction over site locat- ion and application to obtain and construct such a site. I will qoute in part the very first section which is 4401, it is hereby declared to be the policy of the State of Idaho that the solid waste disposal systems be established, maintained and operated in each of the several counties, that is in the counties as opposed to inside a city limits. I think by your annexation proposal, you are proposing to bring this property inside the city limits and at that point and time a solid waste disposal system wou13 be developed inside the city limits as opposed to in the county. The next section, Section 31-4402 goes on to state that the Board of County Commiss-_ ioners in each of the several counties is hereby authorized to aquire,- establish & etc. solid disposal systems, so I would like the Council to - be aware of these provisions and address in your Findings of Fact & Con- clusion of Law regarding what authority the Council has to basically determine a site.. location_ for -a_ solid -waste disposal system. I think by that point alone the appropriate action by the Council would be to deny this application and make note that this application should be submitted to the County. The second issue, the Findings of Fact and Conclusions of Law which were issued by the Planning & Zoning Commission, which are now before this Council, in my brief review of these Findings, I found virtuely no consideration for the great amount of testimony in evidence which was supplied by those who object to the application. I think the Findings are seriously flawed in that regard, in the fact that there is no means in those Findings to address these valid points that were brought up by those who object to the application, certainly when a body of evidence is before the Commission of that magnitude it is their duty to address those facts and evidencehnd information that is put in front of them, I don't think that was done, I think this Council could appropriately return this application to the Planning & Zoning Commission for additional findings. Findings in particular regarding the objections and those facts and evidence presented to those who object to this application. At this time the vast amount of information from those who object is not before you. Additionally regarding the Planning & Zoning Hearing and the process the Commission went through I think there were irregularities in the manner in which that evidence and testimony was heard and conducted, there are comments within the transcript itself, which indicate that testimony which was presented by persons outside the City Limits was either not considered ' or was given 1 -e -ss weight simply because those people were outside the City Limits. In this particular application the property is in the Meridian Impact Zone which is currently outside the City Limits and the testimony and evidence and information provided by the residents in that area should if anything be given greater weight. I think the comments that are on record which indicate and can be inferred to indicate that these people were living outside the City Limits -and questioning the validity of the testimony they were giving as inappropriate, and this action as well would support, provide a basis for this Council to return this application to _ the Planning Commission to make sure that information is given proper weight. Another point I would like to make to the the Council which I think is of some interest and I realize in a town the size of Meridian there is always bound to be conflicts of interest, I think something that should be given serious consideration by this Council is the obvious conflict MERIDIAN CITY COUNCII AUGUST 5, 1985 PAGE # 4 of interest in this situation between the applicant and the Planning & Zoning Commission, when that applicant sits on the Commission, even though I realize he abstained'from any vote on this application. Also we have an applicant that is under contract with the City actually you have an agent of the City applying to the City through its Planning & Zoning process for - special consideration. There inherent conflicts of interests here, these parties, many of those who are represented by the same parties, this is something that should be given serious consideration by this Council. I think an appropriate decision on the part of the Council in that regard would be to require this application process, in order to attempt to avoid conflicts of interest to go through the rezoning procedure, which is norm— ally used in a rezoning application, which is opposed to the procedure be- ing used which I understand is an annexation and new zoning. I think those conflicts of interest in particular warrant a closer scrutiny that is required under a rezoning application. I understand this property is zoned - agricutural under the County Zoning at this time and I think that the appropriate procedure for this Council is to only consider the Annexation at this point.After the annexation if it occurs do a rezone on the property, as opposed to doing it with the procedure-that,is now in placethe Zoning and the Annexation all in one swoop. I think that point as well would require this Council to essentially deny this application and require that new application be submitted for annexation only. The final point I see no evidence in the Findings that Federal Law or Statutes which apply to this situation have been addressed with the Planning Commission or are before this Council for consideration, in particular I think there are EPA regulation that must be followed. I think in general that there are EPA requirements that are designed to protect the human hazards that might be generated by this project, and the health hazards that might be generated and that is one of the major considerations that should be before thishould body. This is something that should be looked into and the app licantbe required to come forward with these requirements. Finally I would like to put the Council on notice that if this Annexation & Zoning does take place that there is, it is in the process right now of planning what litigation or what action would be appropriate on the taking of property - by the property owners that live in that area without just compensation so I would urge the Council to look into that issue as to what might be just compensation for those property owners out there who's property is obviously going to be devalued or debased as a result of allowing a solid waste disposal center to go in there. Finally there is a lot of property that is already Zoned Light Industrial which would allow this type of use. Mayor Kingsford, any questions of the Council? Myers, you mentioned that only Ada County can control sewage treatment plants, as I understand this application,this application is not for a sewerage treatment plant it is for a solid waste transfer station, there is a difference there. Burkett, The ordinance speaks to solid waste disposal system, I don"t know that this Code has been construed but I definately think it is broad - enough to include, this would be a system, it would be something that would be used in handling solid waste disposal. MERIDIAN CITY COUNCIJO • AUGUST 5, 1985 PAGE # 5 Mayor Kingsford, I would like to make a comment as to your regard to your conflict of interest, I was interagated in Federal Court some two years ago on the same -subject and the Federal Judge insured us that no matter what happens in a small town you are going to have the possibility of conflict of interest and you do the best you can and I am certainly not going to shirk that duty to someone else because of your saying we may have a conflict of interest. I also despise your threats, every- thing we do we are open to some attorney saying they are going to sue us, I do not think that should be a consideration here today, I don't appreciate in a public hearing being threatened by a attorney, attorneys arenot my favorite people in the world anyway, in regard to the EPA _ I think you have taken a broad interpretation there. I do agree with several of your comments however. Any other questions or comments? _ Councilman Brewer, I would concur with the Mayors' comments, for some - reason attorneys, you have the ability to antagonize my soul and undes-_ erviniy I feel, I take heart to some of your comments however you have made several comments proposed that can tie this whole thing up in the Court system for two or three years, which would cost the City of Meridian and the people involved with no good coming with any of it. Mayor Kingsford, you mentioned possiblity of Annexing and keeping in present zone, we do not have provision in the City of Meridian for Agricultural Zone. Burkett, my comments were not ment as a threat at all. Kingsford, they certainly sounded like it. Burkett, in regard to the conflict of interest, hopefully that was my suggestion to do the best you carp; maybe if it is possible go through a process that can avoid as much as possible. Gary Harr, I defer my time to Jim Potter: Richard Weaver, I defer my time to Jim Potter: JaAnne La Crosse, I defer my time to Jim Potter: Paul Bolinger, Mr. Bolinger was not present at this time. _ Mary -Jensen, I would like the Council aware that my husband & I submitted a letter to the Planning & Zoning and we also submitted one to the Council please take these into consideration: Alma Bolinger, Mrs. Bolinger was not present at this time: Harry. Jensen, Mr. Jensen was swore by City Attorney: Mr. Jensen, we own 20 acres which is North of the eleven -acres and have invested a large sum of money in our property, most of the winds come from the South, we are not within the 300 foot area from the eleven acres, we would like to develop our property into area for homes like we have. we are really opposed to this application, we feel it is the wrong area. MERIDIAN CITY COUNCIL • AUGUST 5, 1985 PAGE # 6 Councilman. Giesler, Mr. Jensen you stated this is not the right place for something like this, I am concerned also, have you thought about where in the City would be a place for this? -- Mr. Jensen, at present time City boundaries are to small, they have to be expanded where these types of business would not bother residential. areas. I know you can't do this out on the desert but there is better areas than one mile from town. I think this would be determental to the area. Mayor Kingsford, this operation is closer to the center of town now than --- it would. be out there. I echo Mr. Gieslers comment, I would like to know where, I think this was the reason for my preliminary remarks, anywhere - (referring to the Zoning Map) on there where it is orange he could buy- - and we are talking one.inch from where he is asking and we would have - no control whatsoever, under our Ordinances'. I really want you to consider this, I certainly echo your concern about having the amount of land in the City Industrial that we have today not being used. Jim Potter, Mr. Potter was sworn by City Attorney. Mr. Potter, Mr. Potter had a prepared testimony which is made a part of these minutes for the record. This is basically the same testimony that was presented to the Planning & Zoning Commission. This is made a part of these minutes as Exhibit "C".) Mr. Potter asked that the maps submitted to the Planning & Zoning be allowed to be used in this hearing. Mayor Kingsford questioned Mr. Potter about the Old Towne concept being approved and if it was approved whether it would still be valid. Mr. Potter demonstratedto the Council with the maps and overlays the area which could be effected by the noise, trash blowing & etc. Mohammad Alidjani, Mr. Alidjani was sworn by City Attorney: Mr. Alidjani, I have asked for annexation & zoning of this eleven acres and I feel in reviewing everthing available it meets all the criteria for being annexed to the City. I am aware of the conditions that are req- uired by the various Government Agencies. We have no problems with these - 1 conditions as we have been working under these regualations since 1948. I assure you even though trey have -problems in other areas , We do not have any problems at our present location which is a lot closer to residential than this proposed new location would be. I do not see any thing in the Ordinances or Comprehensive Plan why I shouleS-e annexed. The problems that have been brought up are with someone elses location not mine. I will abide by any regulations you want to put on my operation within reason. Giesler, what do you actually plan on doing, what is your proposal? _ Alidjani, I would plan to put a shop for myself and that would be all enclosed.with shrubbery and trees that would be phase I and phase II if it is possible put a transfer station with all the regulations met if we can do it. MERIDIAN CITY COUNCIL AUGUST 5, 1985 PAGE # 7 This operation would only use about 18 % of the land the rest would - be developed for some other use. Gies,le;, then you do not plan on starting up with the transfer station? Alidjani, No. Giesler, then at first you will just have a shop and office? Alidjani, Yes. Giesler, how do you propose the next phase if it does work out for you? Alidjani, that is probably two years or more,down the road, I have no - idea at this time. Giesler, it does state in the application it will be enclosed? Alidjani, everything will be enclosed. Giesler, any plans to widen the road that you have seen? Alidjani, I have checked and this is a collector road and has never been developed. As far as I know there is no plans at this time to improve. Giesler, where do you plan on setting this operation? Alidjani, at this time we are planning on having operation on the far NE corner of the property. The closest house would be about 800 feet away from the shop.Mr. Alidjani the Council on the map the egress to the property and where the plant would be located. Should be no problem getting in & out. Giesler, supposing you construct the transfer station and the small trucks are dumped, how do you get the garbage to the land fill? Alidjani, they have several different types of ways to do this. Mr. Alidjani- explained the different ways this could be done. This would happen inside a building. If roadway stays the way it is a semi could never get in or out. - There was discussion on the traffic problem the compatability of the school buses and the garbage trucks. Mr. Potter, have you done any market anaylsis what your trips are going to increase, lets say if the regional shopping center goes in or if the Upland site develops? Alidjani, I have no idea at this time as it might take five years for full occupancy. Potter, if this transpires and the mall is built and Upland develops, it seem to me under the County ordinances this could be a County wide transfer station, I wonder if that area is really large enough. MERIDIAN CITY COUNCIL AUGUST 5, 1985 PAGE # 8 0 Alidjani, I feel if I own the ground that they could not do this. Potter, I think this is one of the major questions by the people I _- am working for. The additional trips and the County wide transfer station. This is some of the concerns my clients have. Mayor Kingsford, in regards to that Mr. Potter and in answer to some - ones question back here awhile ago, the City does have a Contract with Mr. Alidjani it is a matter of Public Record. He has had it for some time and that contract specifies he will haul all the trash in the City of Meridian. He can only handle City of Meridian trash. If he was to take - in the County that would be violation of his contract, we would have to approve that. Potter, would that be true of transfer as well as collection? - Mayor Kingsford, Yes, it specifically speaks to the transportation of trash over City Streets. Mayor Kingsford, again on my pry urinary remarks about him being able to buy another piece that is already zoned, I feel a lot better about repre- senting you people on this where we can put some stringent controls than having him purchase property where we have no controls. Potter, I think my clients would feel more comfortable if it has to be there if it were a conditional Use Permit with some time period rather than something permanent so that if Mr. Alidjani is not there it could keep from creating a problem. Mayor Kingsford, I can see some value to that. Fabricuis, As I recall at one of the other meetings the question was asked of Mr. Alidjani with all the property already zoned Industrial why don't you take your operation on some of this land and as I hear him tonite he has given a different answer basically something to the effect that I am going this route because I can purchase 11 acres for the same price I would have to pay for 3 acres that is already zoned. I am hearing a differendt reason tonite why you are going on this property and I would like to hear your comment on why. Alidjani, many reasons why I am going on this property, not just one, the reason I am over there is for economy reasons. Mary Jensen, Mr. Jensen was sworn by City Attorney. Mrs. Jensen, I am confused, is this request for Annexation & Zoning simply to move the business from where itis presently located to that location, or to continue the present location and a solid waste transfer on the eleven acres, he simply wants to move his business to this new location? Mayor Kingsford, that certainly was my understanding. Mrs. Jensen, this was not my interpetation of the request. U ITI_IlBii`ft��� ^c9- MERIDIAN CITY COUNCITO 0 AUGUST 5, 1985 PAGE # 9 Alidjani, at the present location it is quite small for my operation - and we do plan in a two phase project hopefully to occupy approximately 18% of that property and move our operation from where it is presently to that location. _ Mrs. Jensen, I was totally confused then as to what was taking place. Mayor Kingsford, I heard him say before that before that transfer station if it were to take place that he would have to get all the approval from other governmental agencies. Potter, if in fact he is moving his business and in fact there may or may -- not be a transfer station, in fact he may sell part of the land to other users, it would appear to me that we are looking at a sub -standard access to an Industrial Park. Mayor Kingsford, I don't think there is any question to that unless like he said before he was able to improve that access. Smith, you say you have no complaints from the neighbors where you are now located, I believe there are some on record and you do not have a transfer station down there so this is something entirely different in our neighborhood. Alidjani, I might have a transfer station out there and I might never have one out there it would depend on the economy. Richard Parcell, Mr. Parcell was sworn by City Attorney: Mr. Parcell, I would like to know if he is going to park his garbage trucks out there if that is his proposal, would these trucks be parked in an enclosed area, or would they be parked out on cement slabs. Would trucks be free of debris when parked or would he be allowed to keep garbage in them when parked out there Alidjani, when they are parked out there they will be inside buildings. Mayor Kingsford, I have two letters that are to be entered for the record one from Blanche Wolff 1030 N. Locust Grove Road which opposes this application and one from D'Arlene Stutzman 1960 East Franklin Road who also opposes this use. (Letters on file with these Minutes) Mayor Kingsford read these letters for the record. Mayor Kingsford thanked the people for their testimony and appearance at the hearing, being no other testimony the Public Hearing was closed. Any comments from the Council? Councilman Tolsma, due to all the testimony brought forward tonite and the discrepencies brought up in the Findings for the Planning & Zoning I would like to see this tabled for about 30 days to look over and check on the facts.Mr. Tolsma made this in the form of a motion. Councilman Brewer, I feel even though this application does meet a great deal of the critera for and Industrial Annexation & Zoning there are many points against it as was testified here tonite, with the large amount of 2 J ftse ...x.e f m^ P w h- "�x t,ntrNl s i t^ rfi 3 y 5 M r=r wl1104, r1k y # p . sp 1 k ? e r , V v a. , ", elk np aY k 5& - c. 'i's'✓'+,e1, soy., - Rll . s. a .. ,.. ... �A.....�t,..kM..wt tii$i$+•�it°$i�ii9����k.e. .d."s. .s ..w e�eu �' ..,, tR�&'iw�W'tt�i�"'zr�i�k .. c..... ., _,. z MERIDIAN CITY COUNCII9 AUGUST 5, 1985 PAGE # 10 property already zoned Industrial, I do not see any reason to have addit- ional property for something along this line. When you take into consid- eration the Public opposition to this request, I personally would not want to pursue anything that had this kind of opposition. I think there has to be some place for Mr. Alidjani and his business and I believe it - should be somewhere between Meridian and the landfill. I don't feel this should be in the City Limits should be in the County, I would personally recommend denial of the request. Testimony is all negative. Councilman Giesler, we have heard a lot of negative things on this, and some very good points although I have not had the opportunity to go out and look the sitution over. I feel I would like to look into this more. I have some real problems with it that I would like answered, therefore I would second the motion. Councilman Myers, I have a conflict of interest as I am the Sewer & Sanitation Commissioner and have to work with Mr. Alidjani. I can appreciate the problems the people have brought tonite, there have been a lot of rumors floating around and some of them have been dispelled, there have been a lot of facts brought before us. Knowing Mr. Alidjani he is not going to do anything that is going to hurt anybody, sure he can go in there and buy two acres right next door and open up the operat- ion tomorrow, but he wanted to come through this process and it stirred up some controversity. The transfer station is somewhere down the road. I am not sure he is going to ever put one in there but it is possible. I am looking at it as to the cost to the taxpayers of the City, if he can save some money it will save the taxpayers money. Brewer, I think we are wasting 30 days by doing this. Mr. Tolsma withdrew his motion and Giesler withdrew the second. The Motion was made by Tolsma and and seconded by Giesler to table this request until the August 19, 1985 meeting. Motion Carried: Tolsma, Yea: Myers, Yea: Giesler, Yea: Brewer, Nay: Item #2: Pre-Termination Bearing Wate/Sewer/ Trash Delinquencies: Mayor Kingsford, This is to inform you if you choose, you are entitled to the right to a pre-termination hearing August 5 before the Mayor - and Council, to appear in person to be judged on facts and defend the claim made by the City that your water, sewer and trash bill is delinquent. You may retain counsel. This service will be discontinued August 13 unless payment is made in full. Is there anyone present who wishes a hearing?No one was present. Due to their failure to pay their water bill or to present any valid reason why the bill has not been paid, their water shall be turned off on August 13, 1985. In order to have their water turned back on, there will be an additional fee of $10.00. They are hereby informed that they may appeal or have the decision of the City reviewed by the Fourth Judicial District Court, Pursuant to Idaho Code. Even though the appeal the water will be shut off. RMO 77777 :a s,a ' .• - # r a � � ¢ 1'> ,+.s 15 h>` } f �• �n f' t - r�047"; x fit s M E 1,41,a T. zq �a s�_ �..g e. �; 99 - T •v a5- �'" t • ,_ t jz vy� r�x��r4x9t1�d ' RAM `. VT : - Vqt3 a vt T°a x ti �y *€ ,"' 4r*,3'``., NO a ;^,*,t• y x -a We c ,Yntw s m ` &h. 4 fi0 a c �y��`. bs4M�q yam ."�'�a.,•lffi . , p da'�,*waa;aG a`lf'?, t f j I MERIDIAN CITY COUNCIL* AUGUST 5, 1985 PAGE # 11 The Motion was made by Tolsma and,seconded by Giesler to approve the - turn-off list. Motion Carried: All Yea: Mayor Kingsford announced the amount of delinquencies was $4,749.20: Item # #: Approve the Bills: The Motion was made by Tolsma and seconded by Myers to approve the bills Motion Carried: All Yea: Item #4: Approve Necessary Agreements Pertaining to RLF GRant: - The Motion was made by Brewer and seconded by Giesler to approve all the necessary agreements and documents involved in the Revolving Loan Fund Grant between the City and the Economic Development Corporation of the City of Meridian and authorized the Mayor to execute these agreements & documents. Motion Carried: Brewer, Yea: Tolsma, Yea: Myers, Yea: Giesler, Yea: Department Reports: Mayor Kingsford, I would ask the Council to carefully look over the Late Comer's Ordinance prepared by the City Attorney, I would like to have that on the next meetings agenda. Councilman Myers brought up the subject of the creamery building and Mr. Amyx. There was discussion on this subject. It was suggested a Civil Suit be brought against Mr. Amyx. Councilman Tolsma, I have had some complaints about the trailer repair in the middle of town. I also have been advised that we have no access over the curbs at the Park for the handicapped. Mayor Kingsford, I suggest that you work with the Park Superintendent and get this problem resolved in regards to handicapped access. In reg ards to the mobile home repair and dismantling I again suggest if it your pleasure to get with the City Attorney and proceed with Civil Action Councilman Brewer, I have had a call on Mr. Nesmith, problems with cars parked around fire hydrants, junk cars, wreckers parked and other items. Mayor Kingsford, again I suggest you contact the Attorney and proceed with Civil Action. Being no further business to come beforathe Council the Motion was made by Myers and seconded by Tolsma to adjourn at 9:50 P.M. Motion Carried: All Yea: (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ATTEST: GRANT KINGSFORD, MAYOR Jack Niemann, City Clerk 4,z it .; s MOO? a, Or ti e t vb t € XRIC f x��p,'`'}1 �na . Ile pp 61 r artt r x AR �1'11000 t ., Y � a 0 0 of Meridian. Further members of the Planning andZoningtCommission. m issi on. he directly or indirectly made comments to the effect rea to be impacted by the proposed transfer station is not a neigh- borhood. For the record, it must be recognized that those of us who have, are, or will voice opposition to the proposed transfer station are residents of the impact zone within As such we are entitled the tojurisdiction of the City of Meridian. .- the same considerations as Mr. Alidjani even though'.,fie is a Meridian City _ resident businessman, and member of the Planning and Zoning C every— available As to whether the impacted area is a neighborhood, available definition of the term indicates that it is. As a resident of the area for twenty (20) years, I can assure you that the 25 to 30 households most immediately effected by the proposed garbage transfer station represent a cross section of nearly any subdivision of similar size in Treasure Valley. If we can't be recognized and represented as such, then IL our neighbor- hood has a problem and the Planning and Zoning Commission has a problem, because we are headed on a collision course. Earlier, I indicated concern over the effect on surrounding property values if a garbage transfer station were to'be placed on the site in question. From conversations with realtor's and others familiar with property values, there is complete agreement that a drastic reduction of value would occur in the vicinity - of the transfer station and greatly reduced values would be experi- enced within a wide radius of the site. While each property wner in the neighborhood would be effected differently depending upon the location, size and type of property involved, we all have a - legitimate concern. In my own particular situation, my wife and I own a home and approximately 45 acres of land located East of the Meridian City limits and extending to Locust Grove Road. This property is es- sentially bordered by Pine Street on the South and Fairview Avenue on the North. On two seperate occasions, in 1976 and again in 1980, we worked closely and cooperatively with Meridians Planning and _ Zoning Commission and City Council on planned developments in this area which were conceived to be worthy additions to the City and -2- Is 2- f *'td; r te � 7 ��yy e and surrounding community. The first of these efforts took place when the City was constructing a new and expanded sewage treatment plant. At that time City officials contacted us and expressed an interest in locating one of the main service lines on our property East of the City limits to better serve what was considered to be a growth area. For our part, we were asked to formulate a plan for a future residential neighborhood that would include a major North-South connector road aligned on top of the sewer service line -.- These plans were undertaken, completed, and approved by all parties involved. I might add, they were not completed without the expen- diture of many thousands of dollars and many months of effort by my wife and I. The second effort to come up with a planned development of the area which includes our property, is referred to as the Old Towne Development. Generally, speaking, this was an expansion of the earlier plan to include existing commercial properties along Fair- view Avenue and those of some 28 other small property owners within the area bordered by the City Limits, Pine Street, Locust Grove Road and Fairview Avenue, Despite the broader sharing of costs and efforts with other landowners this was also an expensive under- taking. Given the background outlined above, I find it quite ironic to be here this evening attempting to stop a garbage transfer station - from being located one-quarter mile from our property line. Such a development is certainly not compatible with single family dwellings and multiple housing units included in the earlier plans. If Mr. Alidjani's request is favorably acted upon by the existing Planning and Zoning Commission, I can only assume there has been a change in the thinking of Meridian City Officials. For those of us who have already expended our dollars, time, and effort toward an orderly and acceptable growth pattern for Meridian, this is very disappointing and we will have to pursue whatever recourse we might have. rt,< -3- 2•i r � � 4 -3- Statement Presented to the Meridian City Council on August 5, 1985. By: Martin H. Fabricius 1235 Adkins Rd. Meridian, Idaho Subject: A Proposal to Annex and Rezone approximately eleven acres of land located East of the City of Meridian for the purpose of establishing a Garbage Transfer Station. u -- In setting down some thoughts to be presented here this evert- ing, I will admit that is has been very tempting to review the pro=- ceedings with regard to Mr. Alidjani's request that have taken - place over the past three months. It is tempting because of the time, effort, expense and emotions spent by a lot of good friends and neighbors in opposing Mr. Alidjani's proposed development and any "like uses" that may come up for consideration in the future. It is also very tempting because those of us opposing the rezoning and annexation request have, despite our efforts, observed the Meridian Planning and Zoning Council, adopt a ruling in favor of the proposal which we feel is not supportable on the basis of test- imony presented. However, the matter is now before this Council and each of _ you have or will, in the near future, review the oral and written testimony presented by Mt. Alidjani and those opposing this request. With that in mind, we can only ask that you review the facts and thoughts presented and reach your decision accordingly. In doing - so I might suggest that the lack of pertinent facts could be equal- ly if not more important in arriving at that decision. Before getting directly to the points I wish to cover this evening there is one other item worthy of comment. In the Findings of Facts and Conclusions prepared for the Planning and Zoning Com- mission, the assertion is made several times that citizens of the ,Exibr 8 -1- � is � p ib t�''"� UM -'f �"" �r a E � s a? a x orb 4stiu'§ 0 0 0 :;patted area appear to t{e more concerned with the proposed use of the land to be rezoned than the rezoning action itself. While this can be refuted by the earlier testimony given, we do admit to being very concerned over the liveability of our neighbor- hood. This is a result of having to put up with the many problems created by a poorly managed drive -in -theatre, a junk yard being operated illegally, and an inadequate road*,system each and every- day of our lives. So, we are under no illusions as to how addi- tional nonselective development in our neighborhood will impact its liveability. The land area most immediately impacted by the current rezoning proposal can generally be described as being located between Five Mile Creek to the West, Pine Street to the South, Fairview Avenue to the North, and within approximately 2 mile of Eagle Road to the East. As most of you know this is an area currently made up of homes on residential size lots and small acreages devoted to agri- culture. Due to the existing ownership pattern, the location of any so called "nuisance industry or business" will have an immediate — depressing effect upon a large number of the property owners. People actively engaged in the real estate market assure me this h For those of us who, may for some reason, have will be t e case - to dispose of our property in the future, the longer range econ- omic impact is even more bleak. If the above described area is to be considered for commercial and light industrial use only, then we property owners will have to directly compete with some 1,100 acres of land already zoned commercial - light industrial - for potential buyers and tenants. Our chances of doing that are quite remote since most of the 1,100 acres is more ideally located for such purposes and has already been through the rezoning, —2— its 2— t p yy �q ;o-106 l c 046 . s r, M�»t, i t AN oAN VON' Vri°E :;,nexation, and in some cases pre -development stages. Our buyers will be those who can purchase property at bargain yc.ates and hold - their investment over a long period of time until the demand for commercial and industrial property finally exceeds the supply which is available. Residents and property owners in the area East of Meridian know they cannot afford to become part of a "no mans land" with - regard to development on either a short or long term basis. _ Certainly, the question has to be asked whether the City of Meridian can afford that either in view of expenditures already made to ex- tend services into the area and a need to expand its taxing author- ity. As recently as 5 years ago, City Officials shared the view that the area in question had the potential for mixed%use develop- ment including plans for single family and multiple unit housing. DSI This concept was basedAexisting studies for preferred urban -suburban growth and the fact that the existing coreAof Meridian was favorably located to service this growth. From comments made during the recent deliberations of the Planning and Zoning Commission, we are now led to believe City Officials have a different view of how Meridian should grow and develop. If this is the case, then we property owners in the impact area who have so much at stake should be so advised and afforded an opportunity for input into the process. Thus feLr, most of the emphasis has dealt with losses to be incurred from Mr. Alidjani's request. When someone loses it seems there should be some gains realized., but will this be the case The consultant hired by the East Side Property Owners has researched and provided ample evidence that Mr. Alidjani cannot now, or in the foreseeable future , economically justify the -3- 4,9 .a 14 t �� �, 4 opeiation of a garbage transfer station given the volume of material to be handled. An official located in this area, whose duties permit him to observe gargage transfer station operations throughout the Western United States, also commented to me that such an oper- ation did not appear feasible at this time. Mr. Alidjani has, him- self cast doubt upon the advisability of constructing the transfer -- L station at this time but until business warrants this facility, t;e proposes to use the rezoned property as a parking area for his existing equipment and utilize the unneeded portion for "like uses:" Given these conditions, it does not sound as though the customers of Mt. Alidjani stand a very good chance of benefiting from his venture either. If adjacent landowners are to incur reduced land values, the City of Meridian is to lose or at the very minimum defer devel- opment of an area within its impact zone, and existing customers cannot be assurred of stabilized or reduced rate schedules, then who stands to gain from Mr. Alidjani's proposal? This question needs to be considered by each of you and answered to your satis- faction before arriving at a decision. Your time and patience in hearing my thoughts on this matter are greatly appreciated and if there are any quesitons I will attempt to answer them to the best of my knowledge. -4- 13 May 1985 85-121 Meridian P&Z page 2 After carefully reviewing. the proposed land use, historical data concerning similar operations, and the present and proposed land use plans of the City and County, 1 believe that my clients have reason for serious concern. Based upon this research, I believe that I can demonstrate to you this evening, that an approval of this application would be detrimental to The populace, commerce and industry within the City's area of impact, the City, itself as well as the concerned cit?7pns lodging this testimony of opposition. I have prepared a composite map, showing both the City and County zoning surrounding the subject property, including thereon certain preliminary pians which have been approved.- This map provides a reference for several specific issues which I would like to address. < ( Brief explaination of map given) Notice, if you will, the established pattern of zoning and land use. North of the site, there is a residential zone only 200 feet from the site. Northeast is some agricultural land beyond which is more residential and Light Industrial. To the East is Light Industrial. The Light Industrial to the East and Northeast, is of specific consideration, since this property is planned for a Business Center— involving, perhaps high tech. industry and certain allowable commercial uses. To the South and Southeast lie more agricultural lands, beyond which is more Light Industrial. Southwest of the site, is more Light Industrial. To the West, and Northwest, is the Old Towne planned development comprehen- sive plan --a concept plan for twentynine individual properties „ con=nrising 188 Acres, [:reviousiv approved by this Commission and the City Council. At first glance, it would appear that the present request for annexation and zoning as Light Industrial would be compatible with the City's overall plan and with the area's established trend. On the other hand, a closer examination provides several sound reasons why this property should not be considered for Light Industrial Zoning; especially for the intended use specified in the application. Your attention is drawn to the Meridian Comprehensive Plan, Goals, page 8, goals 1 and 2. 11 to preserve Meridian's environmental quality.... improve the total natural environment ....to insure growth and development occur in an orderly fashion..." and in Goal 10 " To create an Urban Service Planning Area which is visually attractive..." CProper planning and subsequent zoning, if it is to accomplish these goals, must look to achieving balance of land uses and the bulk area of lands contained with each zone. In addressing this area of community planning, noted authorities Joseph De Chiara and Lee Koppelman, cite the works of stili another authority, George Nez, in his book " Standards for Urban Development" published by the Urban Land Institute. In this volume, Mr. Nez states that studies indicate that the 11Total Gross Land requirement for all industry"..in a city, is.."12 Acres/1,000 population; and that the "Land require- ments for Light Indust "..is.."2 acres/1,000 population". In addition to the present ., ry land requirements, Mr. Nez addresses the matter of reserve for future ,growth. " Requirements for industrial land reserve: reserve land for minimum of 50 years future growth". The 1980 census indicated that the City of Meridian had a population within the City of just under 7,000 ; and approximately . 9,000 in the City and that area now within its impact area. This in -city population was down 12% from that projected in 1976. Using this as an adjustment factor, the Ada Planning Association corrected its project- ions for future years. Their projection for the year 2000, is now 25,150. If this straight line projection is continued for a 50 year period, it would result in a population 13 May 1985 85-121 Meridian P&Z page 3 of 50,500, in 2035 AD. Thus, on this basis, Meridian's present population requires approximately 25 Acres of Light Industrial; in the year 2000, our needs will be approx- imately 50 acres; and in the year 2035--50 years hence-- approximately 100 acrescontain In contrast to this need, the City of Meridian, and its impact area, presently 1100 acres of lands zoned Light Industrial. If we compare our available reserve to the regional needs, there is stili great disparity. The present population of Ada County is 197,000, and that of the entire Treasure Valley approximately 360,000. Thus the current needs of light industrial property in our region amount to under 400 acres for Ada County, or just over 700 acres for all of Treasure Valley. In the year 2000, these some populations are expected to reach ,89,000 for the County, and 550,000 for the valley. Thus, tin 2000 AD the County will require a total area of 580 Acres and the Valley of 1100 Acres of light industrial. Meridian could fill these needs, even if there were no other light industrial lands available in all of Treasure Valley. In contrast to our available reserve, an inspection of those lands thus presently zoned, will show that the actual need --as demonstrated by the acreage developed, and in use -- to be very near the guidelines for good planning, given by the authorities cited. Thus, on the basis of available reserve vs. present and projected need for lands within the Industrial Zone, I would suggest to you that there is no public need for further Light Indthus zoned. To further expand the light industrial reserve, would merely lands to u delays(=er,the other and,S thus zoned adversely of f;�ctinq theown�r's valuesr 2� +�lov%� t)%IN td_kpC;0 Sly,= Cdv vn L 1��- W S' u this The second matter of significance in this annexation �,` � roid zming present before evening, is its compatibility, or lack thereof, land uses. One of the basic tenents of zoning in Meridian, as cited from Section 2-402- A (5) of the Zoning and Development Ordinance, is " To protect residential, commercial, industrial and civic areas from the intrusion of incompatible uses and to provide oppor- tunities for establishments to concentrate for efficient operation in mutually beneficial relationships to each other and to share services." The property owners and residents of the East Meridian Property Owners Association, perceive that the approval of the subject application would, in fact, be an intrusion of an incompatible use; would not result in efficiency of their operations; and would not be conducive to mutually beneficial relationships. For these reasons, they believe that approval of this application would violate, rather than protect their established and proposed land uses—and the rights appertaining thereto. To assist you in analizing this claim against the counterclaims of the applicant, I would draw your attention to the following citations and references: Refering again, to Mr. George Nez, author of "Standards for New Urban Development, the Urban Land Institute, he specifies certain "General Requirements for Industrial Location: - (a) Fast, easy and convenient access to ,good transportation facilities including rail, highway and air• raw materials source and markets (b) Reasonable location with respect to labee romsupyfoundation and drainage problems (c) An adequate amount of suitable land, f (d) An adequate and reliable supply of utilities: water, waste water, power and fuel (e) Protection from encroachment of residential or other land uses (f) Location so as to minimize obnoxious external effects on neighboring land uses The Meridian Zoning and Development Ordinance, Section 2-413 B, provides eating 11 No land or building in any district shall be used or occupied in anymanner dangerous, injurious, noxious, or otherwise objectional conditions which could adversely 5�11 13 May 1985 85-121 Meridian P&Z page 4 affect the surrounding areas or adjoining premises.....". And in the Meridian Comprehensive Plan, Section I-4, under Comprehensive Plan Objectives, it states..." The following land use activities are not In compliance with the basic goals and objectives of the industries. There is strong evidence to suggest Comprehensive Plan: (a) pollutingustry and that a Solid Waste Transfer Station is, in fa the crealuting tion on of dangerous, injurious, noxious, operated mid managed in a manner to avoid or otherwise objectionable conditions, as called for the Cites C� P ;�1 Plan and Zoning and Development Ordinance. Chapter The first piece of such evidence is drawn from waste systems—other te of Idaho hnan those established and/or 144. This law provides that all solidunderhe 'urhsdictio and o County Commiss- maintained by a city --shall come io_neirs. It also provides that all solid wast adopted by the State Board of Health a, maintained and nd ie in accordance to the rules and regula nd P Se in governing this Welfare. The Board of Health rules and regulationsnt nuisances, prevent saftey hazards, activity, is..." To protect the public health, p prevent pollution of water and air, prevent excessive land abuse..." Section 1-6001.01. These rules specifically include a solidwaste almond area used for storage,er station in the ttransfer, processing, "Solid waste management site means any separation, incineration, composting, treatment, recycling, reuse, or disposal of solid wastes." Section 1-6001.33 xed These rules further specifically define a end waster e managemon, as ent system whereby solid or mobile facility used as an adjunct to a wastes may be recompacted or otherwise another pin e." transferred ct on 1-6001 36 Furthe or container to another for transportation section 1-6013.01 requires that "Transfer stations for solid waste shall be operated under a conditional use permit issued by the departmen C To obtain such a permit, these rules provide that ..." Plans, maps, specifications, and a report on operational proceedures for solid waste management sites and f con traction shall be submitted to the Department for review and approval before any " Section 1-6005.01. Regarding the criteria for issuance of such or operation is begun..• a permit, the rules state......." To be considered ncircufor uaait prevail: subsection (1)i•�e permit, several of these conditions o "Extreemeiy low population density in an isolated area." Section 1-6005.02 (b) (1). and between he State Board of Health This process is conducted as a joint endeavor by Department. The review is designed to and Welfare and the Central District Health thegeneral public. insure that the environment is protected, thus protecting A review of the referenced legislation and rules and regulations, indicate that a has certain solid waste ch req station be governed by a State Conditidered as normal ional Use Permit. These aspects which require general aspects, are clearly defined as its indicat�thatlal for such a facility isnciea�yuconsih d as a health hazards. This would poiuting industry, and as such does no Comprehensive Pian ---that poluting industries aremeet the innon compliance omplianceObjectivesls and e therewith.City's Further, a careful review of Idaho Code 31-44, would appear to indicate that the location of such facilities within the cle corporate jurisdiction of the Board ofits Of 0 city was not , since the operation thereof was left Y under County Commissioners. 13 May 1985 S 85-121 Meridian P&Z page S In reference to the poiution capabilities of solid waste transfer stations, you have Road, been invited, by several of my clients, to visit the site at 2785 South Liberty ot use their in Boise. The operator has indicated to my clienrations. However, that we -�hould �the important facilities as an example, as there aree operations. within the norm considered fact about this site, is that it is apparently pe g in the preparation and promulgation of the State Band f Health's rules operation suspended tions. Their conditional use permit has not been cancelled, It would also appear that Ada County Board of County Commissioners, under whose jurisdiction they operate, are satisfied with the present practices. It is important to _ remember that these same regulatory agencies will be jurisdictionaly responsible for any such operation in the environs o MeridT* (y rd his op ton - " In defference to the operator of the Liberty have contacted other governmental units were better operations to use as examples, _ in our adjacent states to gain first rhand knowledge bieof their to obtain wasawithsMrdDavecNyb om, problems. The most in-depth ante Manager of the Solid Waste Department, Public Works Division, of King Crat ounty, Washington. This contact was made on 7 may 1985, cern nq the sit ng and operatiod Mr. Nyom was most nive. His ofa solid waste observations and recommendations con transfer station are as follows.- General ollows:General statistics and operational problems regarding Solid Waste Transfer Stations Assumptions given concerning proposed Meridian operation: a) 20 Trucks per day, hauling an average of 5 Tons each of compacted solid waste b) 100 Ton/day operation with room for expansion c) possible public access for delivering waste to transfer station General site requirements lus additional space a) 8 to 10 acres required for 100-150 ton/day operation, p if overnight parking of trucks and/or truck maintainance is to be on-site b) - Site should be surrounded with cyclone fencing to reduce litter problems c) transfer station should be in an enclosed structure of concrete or metal -- wood structures more easily infested with rats, mice and other vermin. d) Facility should be served by central sewers. Wash down water is often highly toxic, and the concentration of solids therein makes septic systems subject to early failure. Optional, is an on-site waste treatment lagoon General siting requirements a) preferably no residences within one quarter mile b) preferably no residential developments within a third mile c) preferably no commercial, technical or office space within one-half mile d) should be considered as a nusiance industrial use, as far as planning and zoning e) best placed in area with low land value for any other use f) best adjacent land uses are: Truck/Transport terminal, Gravel pits, Concrete or asphalt plants ( King County tried putting one in a warehousing zone, and found the results to be very unsatisfactory) 13 May 1985 s 85-121 Meridian P&Z - page 6 Environmental concerns in siting consideration a) Traffic b) Noise C) Odor d) Dust e) Litter f) Lighting g) Wastewater Disposal h) Visual or Asthetic i) Rodents and other vermin General operational Problemser station. _ - a) Greatest operational problem is public ourit o Litterto . They also contribute _ cess transport of waste causes greatest f Seattle, to traffic problem, and are a significant problem to the operator. Washington has been sued on numerous occasions for the public getting hurt on the premises. Estimate that nearly two-thirds of the operational problems are associated with public's access to the facilities. b) Traffic can be a significant problem. Each collection truck load represents two daily trips on access roads. In addition, each three to four collection trucks represents one transport trailer a°ad to land to thetfac 1'tyting in two more exaberates these trips on the same access roads. Public access traffic concerns. c) Odor is a significant problem. Transport trailersshdmo n leave creates additional within a very few hours of loading. Facility wa orors. if the facility cannot be located in an area remote from higher land uses, a spray system with dedorant feed is a must. unit, while d) Noise is a major concern The operation of the re -compacting the most constant noise, is not the greatest. The unloading of the collection trucks and dipsy dumpsters creates the greatest noise. Even with an enclosed structure located on 8 to 10 acres, the noise level at the property line will - — often exceed 90 to 100 decibels. e) Dust is the most prevasive problem. NoVe°�O°ihe problem s not sanswer for dust implistic. The found, according to Dir. Nyblom. Moreover,ction material residue, dust often contains contaminants ertincluding prr screening by natural topography, and agricultural pesticides, or other means is best available control at present. Litter is a continual problem. Even in their bestami etedtrad use and will ransfr be - - f) there is a noticible increase of litter within a quarter noticible along transport routes to the transfer station and to the land landfill. g) Lighting can be a problem for adjacent lam uses. ropera tions require very good lighting for proper opeiEstimates tant need s about 50% more candle power than other uses in any industrial zone. P its h) Wastewater disposal has been addressed above,t water doily not enter shallow stressed. great care should be taken to insure that site groundwater acquifiers. ste transfer i) Visual or asthetic values should be considered . Presence °oi�idi u beunsat sfactory, stations in close proximity with other land uses has except whrn located in association with significant problem wce ith King County, j) Rodents and Vermin have not beetrial uses. n a sign ft and vermin in view of the fact that Their Health hese are when necessary, bait stations surrounding each site. of rodents and an area extermination program is conducted. The transport greatest concern in vermin to and from the station, in loads of solid waste is g this area. Oaty k $ 3kkai� t.'s4�'�'�rx 5:. .p t a r s ate" F TI t) ra - y, ? �. E tr Pit a P+'"a '�'k" z €'j -.,ar "., a ,' { �;a,0.i •t : ., . � t i 5 -44 r r 6 14 f xa ;, �r'` A� $V 3 F E"`R.zavE unr�£�+i ' `ivy z Y + xa� ` Fig n jYM4, £ }ter 3rr ;...,. . 41POW g 4,Oir TO W VA s. a"FAr + NO p`{ 13 May 1985 O 85-121 Meridian P&Z page 7 General Recommendations a) keep away from higher land uses wherever possibIer' b) install horizontal ram type transfer trailer units— no vertical load system is litter tight c) Biggest complaint from public is increased litter and odor. attendants must pick up litter on a daily basis, and must use some type of deodorant spray in washdown operations d) Protect operators and the public, insofar as possible, from the air borne dust which is often toxic - e) siting of structure important to insure it doesn't operate as an air tunnel distributing Iitter f) keep public out of facility if at all possible g) make sure that land fill operator will provide additional turnaround and unloading areas h) King County Transfer Station to Land Fill trip averages about 45 miles. 10 mile transport is considered minimum break even transport trip to justify transfer station. i) in siting, consider it a nusinance industrial use, because this is how the public perceives it. To assit you in considering Mr. Nyblom's comments, and their relationship to the site now under consideration—thct is, the effect on the environment and the socio-economic values of the City, its impact area, and the property owners of the East Meridian Property Owners Association, I have prepared an overlay to the composite zoning and Iand use map. The first item of consideration is traffic. The comprehensive plan of the city, states that ...." Access to industrial areas from collector and local streets should be discouraged." SectionIV, Industrial Policies No.5. Locust Grove Road is considered a minor arterial; however Locust Grove cannot be accessed continually without passage over a portion of East Pine Avenue, which is classified as a Collector. Further, the site has no public road access, but is proposed to be served by an easement. Traffic will increase along Pine Avenue principally, as the most direct route from the city to the site. This will be particularly grevious if public transport of solid waste is permitted to the site. As an example of this problem, Snohomish County, Washington operates three transfer stations. At the site most nearly compatible to the one proposed, a 200 ton/ day station, they expect an average of 500 to 600 private vehicles a day during the weekends. In addition, the transport vehicles used by both King County and Snohomish County, have a loaded gross weight of approximately 40 tons. These loads, the increase of traffic—together with the present concentration of School District busses in the site vicinity could result in premature failure of the base materials on the streets subjected to this increase. Further, the fact that the proposed site is accessed by an easement, rather than a public right.- of- way, appears to violate the intent of the city's Comprehensive Plan and Zoning and Development Orclinances. A private street ever an eas+anent seems inappropriate to an industrial site which will serve commerce (commercial solid waste collectors) and the ,general public (persons delivering their own solid waste to the station. The second item of concern is the noise factor. King County has indicated that the noise generated by their facility is in the range of 100 decibels at the property line. Based upon this assumption, then noticable noise polution will exist for nearly one-third mile from the center of the site to the point at which the decibel rating has dropped to 50. It should be noted that the normal household noise level is around 40 decibels, so that even at this distance, the noise of the operation would be descernable. Bei wroam 4 # f F I 13 May 1985 � O ` - • 85-121 Meridian P&Z page 8 Odor and dust are related problems, in that they are dispursed with the wind currents. The Annual Surface Wind Rose for the Meridaan area, as published by the U.S. Department of the Interior, indicates that Meridaan air currents are traveling at 4 to 15 miles per hour, for nearly fey percent of the time. !, velocities of 16 to 31 miles per hour _ ten percent of the time, and under three miles per hour for the remaining 40 percent. This results in an average wind velocity of 8.4 miles per hour. Twentyfive percent of the time the wind is from the Northwest, and twentythree percent of the time from the Southeast. Thus, any dust or odor problems an niter carne aloft would be expected to concentrate in the direction of these prevailing surface winds. For the purpose of demonstrating the effect of the wind carried litter, dust polutants and ordors, we have delimited the area affected within a two and five minute range at the average wind velocity of 8.4 miles per hour. This area of contamination can, of course, be much worse, depending on the particulate size of the material and the velocity of the wind. The litter problem, is directly associated with the visual or asthetic values of the local environment. Again, using Mr. Nyblom's comments that there will be a visual difference in the amount of litter within one quarter mile of the facility, and along the principle transport and collection routes, we have deliniated the= area potentiaiy affected by the proposed land use. Waste water disposal, and its potential effect on the shallow ground water acquifiers, is of major concern. Both Mr. Nyblom, of King County, and Mr. Costa of Snohomish County, stress the mandatory requirement of central sanitary sewers for disposal of process and wash down water from such a facility. Both stress the problem of the waste water rapidly blinding out a septic type disposal system, and Mr. Costa, in particular, stressed the effect of a septic disposa,' system on the ground water. He points out that said waste water carries large amounts of leachates, oil and greases, and common household pesticides and herbicides. The Meridian Comprehensive Plan and Zoning and Development Ordinances recognize the potential effect of industrial uses on our acquifiers. Section 2-408 / 12 of the Zoning and Development Ordinance states "this district must also be in such proximity to insure connection to the Municipal Water and Sewer systems of the City of Meridian." And in Section IV, Industrial Policy No. 13, it states "Industrial uses should be located where their generated water can be properly treated and pretreated to eliminate any adverse impacts upon the city sewer treatment facility and irrigated lands that recieve industrial runoff water." And under Policies, page 4, Sewage Facilities and Service, item 1, it states " all new subdivisions, planned developments, and large commercial and industrial development projects shall be required to connect to the municipal sewer service./and under Municipal waste treatment, policy No.2, page 69, of the Comprehensive Plan it states 11the City of Meridian shall assure that any industrial or commercial discharges to their public wastewater treatment facility shall provide pre-treatment as specified by their NPDES permit....." While it may well be the applicants intent to extend the community services to the site and provide for pre-treatment- no evidence of this has been made available to my clients. This is of particular concern service the ,ground water on the subject site is extreemly high, preventing even most agricultural pursuits. In this reguard, I would note that on page 71 of the Comprehensive Plan, it states "the City of Meridian will encourage and support studies that will determine ground water quality conditions for the purpose of protecting the publics' health and will determine mans impact on the groundwater aquifiers." 13 May 1985 85-121 Meridian P&Z page 9 Based upon previous studies, Meridian is aware of the fact that our shallow ground acquifiers flow generaly to the Northwest, following the patterns of the areas irrigation and drainage facilities. This was of great enough significance to the city several years ago to prompt it to support the "Southwest Ada County Building and Development moratorium. The concern was primarily based on the infulence of the great number of septic systems in that area on the wells and surface waters in Meridian Less than 300 feet Northerly of the proposed site, the Creason drain carries shallow ground water drainage to the Northwest. This source could carry contaminants to wells located in that direction—particularily in the Carol subdivision and surrounding lands. The general area of influence hos been delineated on the overlay. The problem of rodents and other vermin, and their potential disbursement from the site, cannot be readily mapped. However, the potential health hazard is real. Left unchecked, this problem could result in the vermin spreading out into surrounding areas, particularly Southeast and Northwest, where their travel would be aided by water course travel along the existing waterways. On the other hand, proper extermin- ation measures carried forth could mitigate the outward disbursement, but at the same time result in dead and dying vermin being consumed by household pets, thus spreading the hazard of any disease they might carry and the pesticides used to exterminate them onto the surrounding properties. This is, no doubt, one of the principle reasons why the criteria published by the State for these facilities, recommends a remote very low density area with good drainage. Lighting, is a lessor, but still important concern. You will recall that Mr. Nyblom, of King County Washington, states that a solid waste transfer station requires approxi- mately 50% more lighting than most other light industrial uses. In this requard, the Citys Zoning and Development Ordinance, Sbct ion 2-413. B (1) (f) stages "No direct or reflected glare shall be permitted which is visible from any property outside an industrial district or from any street." Based on the foregoing analysis it is difficult to see how the applicants proposed use of the site -can meet the following criteria of the City Ordinances: "to protect residential, commercial, industrial, and civic areas from the intrusion of incompatible uses........," Section 2 - 402, 5 Zoning Ordinance, and " Industrial uses adjacent to residential areas should not create noise, odor, aur pollution and visual pollution, greater than levels normally associated with surround- ing residential activities." Comprehensive Plan, page 17, Industrial Policy No. 6. In, Summary, my clients believe; - 1. That there is no justification or public need to rezone any more land as light industrial at this time. 2. 77iat the proposed annexation and zoning, and stated use, would be in conflict with established and proposed land uses in the area. 3. That the environmental and socio- economic effect of the approval of this application would result in a taking a value from them. 4. That any action by the City, other than denial, would be inappropriate since the applicant has not; - (a) "provided a detailed economic analysis, so that specifics of ...plans, designs and development will be known ...." as called for under the Industrial review area guidelines of the Comprehensive Plan. (b) applied for consideration and approval of the Ada County Board of County Commissioners, under whose jurisdiction he must operate. JULY 8, 1985 MERIDIAN PLANNING & ZON of the ridi n Planning & Zoning Commission called to Regular Meeting order by Chairman Bob Spencer at 7:30 p.m-: Members Present: Walt Morrow, Jim Johnson, Jim Shearer, Tom Cole: nbaker, Opal Others Present: Elaine Smith, Pat FabrAlidjani, MoeVera rAlidjani, oliverCloussl E. Faye Brewer, Darwin Buchanan, Helenelen 7 Norma Lloyd Howe, Lawerence Smith, Martin Fabricius, Max Yerrington, Y Miriam Barr: Thompson, Wayne Crookston, Ronda Lowe, Morrow and seconded by Johnson to approve the The Motion was made by held June 10, 1985 as written: minutes of the previous meeting Motion Carried: All Yea: Fact and Conclusions on Annexation & Zoning Request Item #1: Findings of by Moe Alidjani. Chairman Spencer, has the Commission read questions or discussion? the Findings and is there any There was no response. ing held June 3, 1985, Councilman Chairman Spencer, at the Council Meet lic- Giesler had some comments abrin the F nstermaker our attention. Theonal UseCouncilmanpmade ation that I would like to bring Y the recommendation that in the fuetPremits.the CMr. Gieslerouncil 's reasons hfor mak- at application for Condtional Use we ing this recommendation, and I quote from the minutes of that meeting, have a lot of annexed and zoned property all ready to gr. I think that we need to try to promote our business to these areas, and I feel that support of we really need to keep ournci residential statementsresidentialinssuppwe c Mayor Kingsford and Council approximately Councilman Giesler's statements. I have concers of ns with ropethat has 800 acres of Industrial and 300 acre esits idle. I also have concerns with been annexed over the yea e developed and now the several commercial and industrial parcels that arinion we should sit empty with for sale or lease signs on them. In my op zoning change ver hard at each and every annexation and zoning, be looking y application that come before us to assure that barring and conditional use app or, recommendation of approval is in the best interest of the City sit would natebinlanestablished the best unique circumstance , commercial interestoro recommend that the applicant loc Industrial Area. Morrow and seconded by Cole that the Meridian The Motion was made by and approves the Findings of adopts Planning & Zoning Commission hereby request by Fact and Conclusions as prepared on the annexation & zoning Sanitary Services, Inc. Moe Alidjani: Yea: Motion Carried: Morrow, Yea: Johnson, Yea: Shearer, Abstain: Cole, MERIDIAN P & Z: JULY 8, 1985 PAGE # 2 s The Motion was made by Morrow and seconded by Cole That the Meridian Planning & Zoning Commission hereby recommends to the City Council that the Annexation & Zoning request by Moe Alidjani be granted under the - conditions and restrictions as stated in the Findings of Fact and Conclusions. Motion Carried: Morrow, Yea: Johnson, Yea: Shearer, Abstained: Cole, Yea: Item #2: Public Hearing, Conditional Use Permit for E. Faye Brewer: Chairman Spencer, it has came to my attention that some of the members of the Commission as well as myself may have conflicts with this app- lication, therefore I will ask the Commission to make a motion appoint- ing Mr. Hugh Mossman as a Hearing Officer, to hear the testimony, pre- pare the Findings of Fact and make a recommendation to the Commission on this application. Morrow, it seems to me at the P & Z level we are nothing more than a recommending body to the City Council, I also think at this level it is a waste of the City's money to use a Hearing Officer as nothing is conc- rete or binding at this level. Chairman Spencer, when this came up I knew I had a conflict as I live with- in 300 feet of this property, also Tom Cole may have a conflict and Wayne Crookston may have a conflict. The reason the Hearing Officer was decided on was these possible conflicts. Morrow , does everybody feel the potential for conflict that they would conflict themselves out? Spencer, I do myself, Cole, My potential conflict is that I have looked at the house and would like to buy it if possible. Crookston, I have done personal work for Mr. Bill Brewer. Morrow, basically under thoese condition I have no problem with Hearing Officer. Johnson, I think the point that is most important is Crookstons position, based upon the possible conflict I would agree to Hearing Officer. The Motion was made by Morrow and seconded by Shearer to appoint Mr. Hugh Mossman as Hearing Officer to conduct the Public Hearing for the E. Faye Brewer application. Motion Carried: All Yea: Chairman Spencer turned the Meeting over to Mr. Hugh Mossman. For the record my name is Hugh Mossman & I am the appointed Hearing Officer for this matter, for the record this is the Conditional Use Permit for E. Faye Brewer for property located at 1303 East First St. for office space for a Funeral Service Center. �_ Aa .' Ftr•.! _ 3 C iA> q£t`'eb,r�, A 'S F The above entitled annexation and zoning application having come on for final consideration on June 10, 1985, at approximately 7:30 o'clock p.m. on said date, at the Meridian City Hall, 728 Meridian Street, Meridian, Idaho, and the Commission having heard and taken oral and written testimony and the applicant, appearing in person, and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of the public hearing on the annexation and zoning application was published for two (2) consecutive weeks prior to the public hearing sechuled for April 8, 1985, the first publication of which was 15 days prior to said hearing; that the Public Hearing was continued to May 13, 1985 and again continued to June 10, 1985, at which time additional testimony and evidence was received; that the matter was duly considered at the April 8 and June 10, 1985 hearings; that copies of all notices were made available to newspaper, radio and television stations. 2. That notice of the public hearing is required to be sent to property owners within 300 feet of the external boudaries of the land being considered pursuant to 11-2-416 E, of the Revised and Compiled Ordinances of the City of Meridian; that this requirement has been met. _ location is 423 W. Broadway, Meridian, Idaho which area is a predominantly residential area, even though zoned industrial, containing mostly single family dwellings of an approximate denisty of four units to the acre; that the property has been used in the past as agricultural property. 9. That the subject property is located basically at the intersection of East Pine Avenue and Locust Grove Road; that the entrance to the property would be by means of a 50 foot easement which would be an extension of Locust Grove Road since Locust Grove Road does not at this time extend North beyond East Pine Avenue; that Locust Grove Road from Fairview Avenue to Overland Road is a minor arteriel which includes a portion of East Pine Avenue. 10. That the Meridian comprehensive Plan designates the area within which the Applicant's property is located as being the Eastern Industrial Review Area; Applicant's proposed use is an industrial use; that under the Economic Development section of the Plan beginning at Page 16 there are stated the general industrial policies and those particularly pertinant to this Application are as follows: "1. The development considerations for each of the In- dustrial Review Areas should be phased and priori- tized to provide for oderly growth and development, minimize the cost of providing utilities and trans- _ t tr within the Urban Service Planning Area. 2. Industrial development within the City limits should receive the highest priority. 3. An annexation program shall be established in con- junction with the development for each Industrial Review Area`. 5. Access tgrindustrial areas from collector and local streets be discouraged. 6. Industrial uses adjacent to residential areas should not create noise, odor, air pollution and visual pollution -greater than levels normally associated with surrounding residential activities. 7. Industrial development should not be located adja- cent to primary and secondary schools. 8. Industrial uses that exist within areas planned for other types of uses should be encouraged to relocate to an Industrial Review Area. 9. Industrial development should be encouraged to locate adjacent to existing industrial uses. 10 .Industrial areas should be located within proximity to major utility, transportation and service facilities. 11. Industrial uses which require the storage or the production of large quanities of explosive or toxic materials should not be located near residential areas, and should conform to disposal, spill and storage measures as outlined within the 208 Hazardous Waste Management Plan. 13. Industrial uses should be located where their generated water can be properly treated and pretreated to elimiate any adverse impacts upon the City sewer treatment facility and irrigated lands that receive industrial runoff water. 14. Industrial areas should be located where adequate water supply and pressure are available for fire protection. 15. Zoning and development within each of the industrial review areas should be analyzed to ascertain if there are potential problems or conflicts which would hinder the development of these areas by private industrial and business interests. 16. All industrial proposals that pertain to the industrial review areas shall be reviewed and monitored so that approved uses are compatible with surrounding uses and preserve the integrity of the review areas. 11. That on page 18 of the Plan there are contained Industrial Policies. that pertain specifically to the Eastern Industrial Review Area and among those are to promote an overpass at I-84 and the Locust Grove Road and that the character, site improvements and type of industrial developments should be harmonized with the residential area to the south (on the upper bench) and the contiguous residential area to the north. 12. Under Transportation Policies pertaining to the Eastern Industrial Review Area on page 33 of the Plan it states that access points to the Eastern Industrial Review Area should be encouraged either from Locust Grove Road or Eagle Road. 13. That under Solid Waste Management Policies of the Plan at page 37 the following is stated: 111. Services as provided by the contract holders should be reviewed as growth and developement continues within the Meridian Urban Service Planning Area to ensure that both the present and anticipated populations are served. 2. The location of a central (County or Bi -County) solid waste transfer station within the Meridian Area of Impact should be investigated and coordinated with solid waste plans for Ada and Canyon Counties. 3. Interest concerning the recycling of solid waste should be coordinated with any feasible study for a County or Bi -County recycling plant." 14. Additionally at page 69 of the Plan under Municipal Waste Water Treatment Policies it states that industrial discharges to the sewage facility should provide pre-treatment as specified by the National Pollutant Discharge Elimination System permit as issued by the EPA. 15. That under the Intent and Purpose section of the Zoning Ordinance in Section 11-2-402 A. 5. it states that one of the objectives of the Zoning Ordinance is to "protect residential, commercial, industrial and civic areas from the intrusion of incompatible uses and to for establishments to concentrate for provide opportunities effecient operation in mutually beneficial relationships to each other and to shared services." 16. That under Section 11-2-408 B, Zoning Districts, the Light Industrial District is outlined as follows: "11. (I -L) Light Industrial: The purpose of the (I-L)Light Industrial District is to provide for light industrial development opportunities for employment of Meridian citizens and area residents and reduce the need to commute to neighboring cities; to encourage the development of manufacturing and wholesale establishments which are clean, quiet and free of hazardous or objectionable elements, such as noise, odor, dust, smoke or glare and that are operated entirely or almost entirely within enclosed structures; to delineate areas best suited for iw� industrial development because of location, topography, existing facilities and relationship to other land uses. This District must also be in such proximity to insure connection to the Municipal Water and Sewer Systems of the City of Meridian. Uses incompatible with light industry are not permitted, and strip development is prohibited." 18. That uder Section 11-2-413 B. 1., Provisions For Commercial and Industrial Uses, it states that no land or building in any district shall be used or occupied in any manner creating dangerous, noxious, or otherwise objectionable conditions which could adversely affect the surrounding areas or adjoining premises except that any use permitted by this Ordinance may be undertaken and maintained if acceptable measures and safeguards to reduce dangerous and objectionable conditions to acceptable limits as established by the performance requirments stated in this section; that the section goes on to set the performance requirments for fire hazard, radioactivity and electrical disturbances, noise, vibration, air pollution, glare, erosion, and water pollution. 19. That Section 11-2-413 B. 2. provides that the Zoning Administrator prior to the issuance of a Certificate of Zoning Compliance may require the submission of statements and plans indicating the manner is which dangerous and objectionable elements involved in the P■� 0 _ processing and in equipment operations are to be eliminated or reduced to acceptable limits and tolerances. 20. That the property is contained in a survey section in which a large portion of the land is already zoned industrial; that the land is adjacent to the Upland Industrial Park; that it is across Locust Grove Road and East Pine Avenue from industrially zoned property; that it is in close proximity to industrial ground which is being used for an industrial purpose on the corner of Locust Grove Road and East Pine Avenue by a tooling manufacturer. 21. That there were many people testifying at the public hearing objecting to the use of the property as proposed by the Applicant; that their objections basically related to possible traffic, noise, odor, debris, and dust problems with some objecting that the conduct of the Applicant's operation would tend to reduce their property values; some of those persons objecting owned residences nearby and some were quite distant. 22. That the Applicant testified that his operation would be operated within an enclosed building, that his business hours would basically be between 8:00 a.m and 5:00 p -m., that his operation in the first phase would use about 15% to 18% of the eleven acres, that the location of the building would be apporximately 800 feet from the nearest house, that at the present time his operation would include _ his present business operation, shop, and a place to repair and store his garbage trucks; additionally the Applicant testified that at this time he is not planning on a transfer station but would in the future, that his business does not include a recycling operation, and the public would not have access to his location for delivery of garbage; he additionally testified that whatever type of operation he installed regarding a transfer station that it would be an entirely enclosed system; he testified that the location would be landscaped and a buffer zone would be provided and that garbage would not be maintained on the premises longer than for a period of 24 hours. 23. That there is property in the immediate vicinity that is already zoned industrial and upon which the Applicant need only obtain a building permit and he could locate and construct his business and a transfer station without meeting many of the requirements that can now be place upon him due to the annexation procedure. 24. That the Central District Health Department submitted a comment sheet regarding the Applicant's proposal; that the comments did not evidence an objection to the proposal or to the use; -that the commnent on the report was that the Applicant would have to obtain approval from Central District Health and the State of Idaho Division of Environment for a solid waste transfer station _ _ and in that regard plans would have to be submitted. CONCLUSIONS 1. That all the procudural 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 subject property. 2. That the City has authority to annex land pursuant to 50-222, Idaho Code; that the exercise of the City's annexation authority is a legislative function; that as a legislative function, the City may place conditions on an annexation. 3. That the Planning and zoning Commision has judged the annexation and zoning application by the guidelines, standards, criteria, and policies contained in Section 50-222, Idaho Code, Title 67, Chapter 65, Idaho Code, the Meridian Ordinances, the Meridian Comprehensive Plan, and the record submitted to it and the things of which it can take judicial notice. 4. That the Commission may take judicial notice of its own proceedings, governmental statutes, ordinances, and policies, and actual conditions existing within the City and State. 5. That all the land within the proposed annexation is °1• Mt}�Rn 5 p a r4 °1• Mt}�Rn 5 contiguous to the present City Limits of the City of Meridian and the annexation would not be a shoestring annexation. 6. That the annexation application has been initiated by the Applicant and is not at the request or initiation of the City of Meridian. 7. That the annexation and zoning of (I -L) Light Industrial would be in compliance with the Meridian Comprehensive Plan and Zoning Ordiance; that the annexation and zoning would be in the best interests of the City of Meridian. B. That the Zoning Ordinance of the City of Meridian allows a solid waste business and solid waste transfer station in the (I -L) Light Industrial zone and such is a permitted use in that zone. 9. That many of the industrial policies contained in paragraph 10 of the Findings indicate that Applicant's zoning and use are in compliance with the Plan for the following reasons: a. Applicant's proposal would be phased and would be oderly growth and would minimize the cost of transportation. b. It is an industrial use which industrial uses receive the highest priority in the Plan; c. It is a request for annexation in an industrial _ review area; d. Acess will be from a minor arteriel; e. It is an industrial use that is not adjacent to a residential area as such residential areas are depicted in the Plan; the area is an Industrial Review Area even though the area contains residences and small farms; that the possible problems of noise, odor, air and visual pollution are legitimate concerns, however, they can be controlled by conditions being placed under the annexation procedure and under Section 11-2-413 B. of the Zoning ordinance pertaining to Provisions For commercial and Industrial Uses; f. Applicant's present business operation is in a predominanty residentail area even though it is zoned industrial and the Plan encourages industrial operations located in truly residential areas to relocate; g. There are existing industrial uses operating and planned in the area where Applicant proposes to locate and such location next to similar uses in encouraged in the Plan; h. The policies regarding industrial uses that produce large quantities of explosive or toxic materials do not dictate deniel of the application since the area is not designated residential but rather industrial and no evidence was shown as the quantity of toxic material that _ of an industrial use within the Eastern Industrial Review Area, even though next to existing residences, does not violate those policies. ement policies on page 37 of 12. The solid waste manag the Plan indicate that a transfer station should be located within the Meridian Area of Impact and Applicant's proposed location is in the Meridian Area of Impact. 13. Under Section 11-2-402 A. 5. of the Zoning Ordinance referred to in Finding 15, the location of Applicant's business in the Eastern Industrial Review Area would not constitute an intrusion of an incompatible use since the area is an industrial area and Applicant's use is industrial. 14. That under 11-2-413 B. 1. of the Zoning ordinance referred to in Finding 18 and since the zoning allows Applicant's use, the Applicant's use can be undertaken and maintained provided acceptable measures and safeguards to control dangerous and objectionable conditions are set up, followed, performed, and if necessary enforced; the safeguards can be imposed under the above zoning ordinance section or as a condition of annexation. 15. That as long as the annexation and the zoning are not really objectionable, as evidenced by the testimony, and since Section 11-2-413 B. basically allows a permitted use to begin operation even though possibly some dangerous _ or objectionable conditions could be created, if those dangerous and objectionable conditions are controlled, the Commission concludes that the use should be allowed under certain restrictions which should control any objectionable conditions, if they arise. 16. That the Zoning Administrator has authority under 11-2-413 B. 2. to require submission of statements and plans which show objectionable elements will be eliminated or reduced to acceptable levels; in this regard the Commission concludes that the following areas are of concern and the zoning Administrator shall see that measures are undertaken and maintained to control odor, noise, vibration, litter and debris, air and water pollution, rodent control and glare; that the Commission concludes that screening and buffer fences or landscaping should be required; that some form of deodorant system shall be required, if deemed necessary, particularly if the Applicant proceeds with plans to operate a transfer station; and the Commission further concludes that the controls referred to in Section 11-2-413 B. be enforced and that the operation should be monitored for continued compliance; additionally the Commission concludes that the above measures and controls should be in addition to any requirements of the Central District Health Department or the State of Idaho Division of Envirommnent. 1 1 O IN `a p' , a z } tay .e } 2431 77, x.; 4.3•.h i� k k +t i #r& v�.w..�� or objectionable conditions could be created, if those dangerous and objectionable conditions are controlled, the Commission concludes that the use should be allowed under certain restrictions which should control any objectionable conditions, if they arise. 16. That the Zoning Administrator has authority under 11-2-413 B. 2. to require submission of statements and plans which show objectionable elements will be eliminated or reduced to acceptable levels; in this regard the Commission concludes that the following areas are of concern and the zoning Administrator shall see that measures are undertaken and maintained to control odor, noise, vibration, litter and debris, air and water pollution, rodent control and glare; that the Commission concludes that screening and buffer fences or landscaping should be required; that some form of deodorant system shall be required, if deemed necessary, particularly if the Applicant proceeds with plans to operate a transfer station; and the Commission further concludes that the controls referred to in Section 11-2-413 B. be enforced and that the operation should be monitored for continued compliance; additionally the Commission concludes that the above measures and controls should be in addition to any requirements of the Central District Health Department or the State of Idaho Division of Envirommnent. 1 1 IN 4.0"0010 a po e r. s to 2431 77, x.; 4.3•.h k k +t #r& v�.w..�� 1 k pa O"s c a 17. The Commission concludes that the representations made by the Applicant as set forth in Finding 22 should be requirements, particularly, the hours of operation, that all work be performed within a building, and that no garbage be allowed to sit at the location longer than 24 hours. 18 The Commission finally concludes that the annexation and zoning are in the best interests of the City; that the proposed use, while it could be offensive and objectionable if not operated properly, can be operated under the above controls so as not to be objectionable; that at present the proposed use is a permitted use in the industrial zone and therefore the application should receive approval from the City Council with the above restrictions and any others the Council may deem appropriate. 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 Cole Commissioner Shearer Commissioner Johnson Commissioner Morrow Voted Y94- Voted-I&6'T Voted /-`�- Voted-y&L- Chairman Spencer (Tie Breaker) Voted----- s DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council that this Annexation and Zoning Application be granted under the conditions and restrictions above stated in these Findings of fact and Conclusions. MOTION: APPROVED-- DISAPPROVED-------- 0 A G E N D A MERIDIAN PLANNING & ZONING JUNE 10, 1985 [TEM: MINUTES OF PREVIOUS MEETING HELD MAY 13, 1985: (APPROVED) 1. ANNEXATION & ZONING REQUEST BY MOE ALIDJANI FROM THE TABLE. (ATTORNEY TO PREPARE FINDINGS OF FACT & CONCLUSIONS) 2. FINDINGS OF FACT AND CONCLUSIONS ON CONDITIONAL USE PERMIT REQUEST BY JOHN HAYWARD. (APPROVED) _ t "nr 'i"�&.� Y'p 71 ... ''gym trOpt .. k d ,k' t ¢ `7.ra R r .. S- # t r` Yom`"�ssY,Tt7" r�rtTsy.%��'YJ ; "f"F"K 0-40i At �% G¢o ".3'�']'i,L. Y MIA i 3 !"I MERIDIAN P &Z JUNE.10, 1985 PAGE #2 Chairman Spencer opened the Public Hearing and advised there had been some written testimony received since the last Hearing on April 8, 1985 and this testimony was.being entered for the record. The written test- imony is four letters which object to this request. Moe Alidjani, 2023 Turnberry, Meridian, Idaho Mr. Alidjani was sworn by Chairman Spencer. Mr. Alidjani, Last time when I was here on the request for annexation & zoning of the eleven acre parcel located in an industrial area I did have a feeling my opposition group felt I should be treated as a Conditional Use Permit and for that matter I brought some statistics and fact findings that I can present here tonite. Mr. Alidjani showed the Commission a drawing of what the plan would look like in phase I. This drawing showed the building and landscaping. This eleven acres is located in proximity with apporoximately 467 acres of Industrial ground also if this property ever came up for zoning on another request there could not be a buffer zone as there is industrial property to the West of it and to the East & South this property is bounded by property already zoned industrial. Some other facts I would like to bring up is my business has been conducted in this area for 40 years and have never ever had any citations from health department or other authorities, never broken any laws or regulations and business has been conducted in a professional manner. There seem to be four main objections, (1) debris and garbage flying around, odor, noise and traffic. I will try to explain one by one what could or could not be the problem. (1) Traffic , I have no control as North Locust Grove is designated as a Collector Street. This will make this street serve a large area with a large amount of increased traffic. This is the way it is designated in the Comprehensive Plan. (2) Garbage flying around, I have one picture here this is the immediate house to this eleven acres, they have garbage right here, burning trash on the ground without a burning permit and they are not hauling their trash and I am happy to say Meridian City Limits do haul their trash and do not pile it on the ground or burn it on the ground. This is a violation of the fire code and a health ha_zzard. (3) for noise and odor, as you know I am now conducting business on West Broadway, I basically do not have any problems with my neighbors and some of their houses are within forty feet and they have not complained about the noise or odor, we have to use that street which is not a collector and on certain days there is as many as two hundred cars in the area. This business is not a City Dump it is a hauling business, the only way we can make money is hauling trash, not collecting it and keeping it for several days. I do not believe we have an odor, noise or traffic problem that is reason according to State Law and City Ordinance we have to be in Industrial Zoned Property also in property zoned industrial my business is a permitted use. Mr. Alidjani presented some brochures showing what other locations looked like and stated his location would be kept very clean. He also stated that this operation had to be approved by Central District Health and the State D.O.E and plans had to be submitted. Chairman Spencer, any questions of the Commission? Cole, just for the record this is going to be in an enclosed building? Alidjani, everything I do is going to be in enclosed building. MERIDIAN P & Z DUNE '10, 1985 PAGE # 3 Cole, easment for the access will be included in the annexation? Alidjani, Yes, also I will only be using 15 to 180 of this property for my operation the balance will be some type of Industrial Park. Cole, what hours would you be operating? Alidjani, 8 A. M. to 4 P.M. maximum to 5:00 P.M. Cole, I understand there is one located in Lewiston and one in Spokane where are they located in relationship with the City Limits, at the edge or where? Alidjani, They are located in the City Limits, the one in Spokane is located in an Industrial Park again I wish to state everything is inside. Johnson, where on this schematic would you place the building or where do you have in mind to place the building? Alidjani, it would be in the extreme North East Corner of the property which would 800 feet away from the closest house. Alidjani, I also wish to submit some pictures showing the location of the site in relationship with the property for the record.(On File at City Hall) There were no other questions of Mr. Alidjani. Aline DeNardi, 1850 Wildwood, Boise, Idaho, I own the property at 1315 North Locust Grove. Mrs. De Nardi was sworn by Chairman Spencer: Mrs. De Nardi, my daughter lives in Kennwick, Washington and I had her take picture of a similar business also there is a letter and I would like to submit this to the Commission. I think the pictures will explain what we are talking about. In May we went up to see our daughter and they had big fire at this Basin Recycle & Reload Center, Mrs. De Nardi had newspaper clipping of this fire and she submitted that for the record. I went to the Meridian Fire Dep,, and talked to Chief Bowers and asked him how long it would take to respond to fire at this location, he said depend;ng on the weather and the traffic the fastest they could arrive wouldive to six minutes. There were no questions of the Commission. (Pictures & Clipping on File At City Hall) JoAnne LaCasse, Defer my time to Jim Potter: Betty Wolfe, Defer my time to Jim Potter: Andrew Wolfe, Defer my time to Jim Potter: Elaine Smith, Defer my time to Jim Potter: Vera Hornbaker, Defer my time to Jim Potter: MERIDIAN P & Z . ,JUNE 10, 1985 :. PAGE # 4 1 Loren Hornbaker, 1190 North Locust Grove Road: Mr. Hornbaker was sworn by Chairman Spencer: r Mr. Hornbaker, I have some aerial photos that show the location we are talking about and I also have a photo of the location that is up on Liberty Road this show what we are afraid of, I would like to present these two pictures to the Commission and relinquish the rest of my time ,t to Mr. Potter. (Pictures on file at City Hall) Pat Fabricius, defer my time to Martin Fabricius: Brenda Fabricius, defer my time to Martin Fabricius: Opal Farrington, defer my time to Mr. Potter: " Lawerence Smith, donate my time to Mr. Potter: f Richard Parcells, donate my time to Mr. Potter: A, Blanche Wolff, donate my time to Mr. Potter: Martin Fabricius, 1235 Adkins Road: Mr. Fabricius was sworn by Chairmen Spencer: " Mr. Fabricius read from a prepared statement which is made a part of these minutes as Attachment "A": ( 8 PAGES) Shearer, Mr. Fabricius would you point out your property on the map? L Mr. Fabricius outlined his property on the map. Morrow, let me ask you this based on some of these pictures submitted do you feel part of the problem is based on lack of control over this type of operation? Mr. Fabricius, after talking to other official there is very little control over these type of operations. Morrow, a transfer station is an allowable use in Industrial Zoned Property and if it were not for the fact that Mr. Alidjani was wishing to annex and zone some property he could purchase a piece of the property already zoned Industrial in your area and start building tomorrow, I think the to point here is that by him coming before us and the way he is choosing do we have the opportunity to place some very, very strict control on ,... . him that are absent on the one on Victory: It seem5to me if we are to have this type of operation in Meridian it would be in the best interest of the City to have some very strict control on the operation. I think this is one aspect we will consider. Mr. Fabricius, I can not disagree with what you say, as I think you can not have to many controls on this type of operation. � Jim Potter, Garden Valley, Idaho Mr. Potter was sworn by Chairman Spencer: _ ------------'01 �MR 01, .7 iAk a^ taqmp 3 Pw.�✓G r i i, 3Tyy}k A "01%k f X H i. iT �&�.'.� l' � � t c t 1% h^ "dFl F 2-..&`df tSa`}•,t 5 .{+.6 r.Tr_'+'� i ,�: Sr ix w,t'5j a, y�tT "'d r. k d 2 '6 bL `"^'X, Pr i i s 3 ' r.y q 4ti� �. tpii 5�. >n,t ,, • °z�`/a€'`D R,r s -: X4 1041 OF j"i mY }.jJi e E k � k P'4;`j1.. •' ^'S.' +'''d +`-"Yi `k r�d Yi3�` rod . 'Y 'i . fh �'� F�1 �i3K Y � i Y' A 5. g yq'�1'o- n k F 1 ?4 ky1 Kry5yd'4fa" ,! y r r i ,y.i'y5 � Y t '°� .;i ,., lea _ ,. .. r:. �t 1 k',.�s" }T7� `ifs + / 2 iAwft' -`{'�' JUNE 10, 1985 PAGE # 5 Mr. Potter read from a prepared statement which is made a part of these minutes as Attachment "B": (10 PAGES) Chairman Spencer, any questions of the Commission? Shearer, I wish to question the statement about the litter on Fairview Ave, it seems to me there would be less after the units were reloaded than if the pickup units were making the trip down Fairview. Potter, not according to statistics the top loading units are far more condusive to litter than the collection truck. There is no top loading device yet that is litter tight. Mr. Potter was questioned by the Commission about the statement on the amount of Light Industrial property needed in the area.(Page #3 of prepared statement) There was discussion on the Comprehensive Plan regarding this area. Morrow, with the oppmsit-ion to more Industrial ground, in my opinion if Mr. Alidjani is turned down,in the future someone else wa-n-ts rezoned it sets a precedence. There was more discussion on this. There were no other questions of Mr. Potter. Morrow, I would like to ask Mr. Alidjani from some of the testimony we have heard and from some of the pictures we have seen some of the major problems with the transfer stations are that they are also recycling stations, from the pictures the station in Boise clearly indicates it is also a recycling station, Mr. Alidjani application does not elude to .there being any recycling. Mr. Alidjani, one thing Mr. Potter did not elude to is that when the station is open to the Public we have no control over how they cover or haul their trash into the station, we do not have a recycling plant nor are we going to be open to the Public for them to haul their trash into dump. We have not asked for a transfer station at this time as that is planned for the second phase of operation. That is why we have not applied for any permits from the State or County. At the present time the plan is to just build a shop and move my business and have a place to repair my own trucks and store them. Shearer, what kind plans are you thinking about? Alidjani, two to three years depending on financing. Morrow, let me ask you this are you planning on an enclosed unit or a top dump? Alidjani, it won't be a top dump, they are a problem there is several other type I have seen. _ E ,Y MERIDIAN P & Z JUNE,10,1985 PAGE # 6 Morrow, what type of system are you planning on using when you have the transfer system complete? Alidjani, this would be an entirely enclosed system. I have not at this time decided which type of system it would be. Shearer, you will not have any public allowed to bring in their own trash? Alidjani, No, no public, everything is going to be landscaped and a buffer zone installed. There were no other question, Chairman Spencer closed the Public Hearing. Mrs. Elaine Smith presented a petition containing eighty signatures of property owners in the area who were opposed to this request. There were several of the signatures who were husband & wife. (Petition on file with these minutes) The motion was made by Cole and seconded by Johnson to have the City Attorney prepare Findings of Fact and Conclusions on the Alidjani request. Motion Carried; Morrow, Yea: Johnson, Yea: Cole, Yea: Shearer,Abstained: Cites Attorney Crookston advised the Commission that he had a conflict of _ interest on this request as he had preformed work for Mr. Alidjani. There was discussion on this subject; The motion was made by Morrow and seconded by Cole that the Commission did not feel there was conflict and for Mr. Crookston the City Attorney to proceed with the Findings of Fact and Conclusions: Motion Carried: Morrow, Yea: Johnson, Yea: Cole, Yea: Shearer Abstained: Being no further business to come before the Commission the motion was made by Cole and seconded by Johnson to adjourn at 9:15 p.m. Motion Carried: All Yea: (TAPE ON FILE OF THESE PROCEEDINGS) TTEST: J Citv Cler pcf; Mayor & Council P & Commission Ward, Stuart, Fire Police, Atty., Eng., APPROVED: BOB SPENCER, CHAIRMAN Mitich, Valley News Hein, Statesman, ACHD. CDH.,ACC,ACZ,NIMD,APA, Mail: (2) File: (2) d' ws 1`fi�'�+k i .. a N x �,} " ini�"'Y�4 i "' ! It RRn.9t: y: ASS f 4k 7 A � s �''has.. &sy t'�`s"�`�}s. a# 4w, ,.o-%'y�,; ,q..i?�' ,r- P it 5?? wy � �F"� t 5 fit, `°w �" tri•`' .�, I 44 z,' i..,a,' "R 1 lass Po -�tL' J� .,cam-.�.� .ec ►ti � f�-�� lu o VE h WW �} A t At i l 1 � � s i r t; 1 lass Po -�tL' J� .,cam-.�.� .ec ►ti � f�-�� lu o VE h WW �} A t At i k �p 5� Y �?Y� FkT� 3� R 1 .4 y �. ., I JK k b'�4 ^i w x�4 ^WkA 1qg � a /h /f . . Dei L 2, I � Y ui AF} �z n ,� 5� �?Y� FkT� 3� R 1 .4 y �. ., I '.. R#L'air :;' .,� ?ni ^i w x�4 ^WkA F u${s h >3 � 4 10 a � a t I, ui AF} �z n ,� a'"D" rn'x"�w'""1 11 • -7-4 '4� . � Q Co&w.A, d44LI� dx�/ 6 zz , e - POTTERI.AND SURVEANG F- n Surveying & Mapping a Planning & Design • Boundary Consulting Ao.az»XM=2X2x. 13 May, 1985 Chairman Spencer, and fellow Commissioners Meridian City Planning and Zoning Commission City Hall Meridian, Idaho Re: PLS File No. 85-121 City Annexation and Zoning of that certain parcel of lard in the Si, NWf, Section 8, T.3N., RIE.,'B.M., requested by Mohammad AlidjanL Chairman Spencer and Fellow Commissioners: My Name is James V. Potter, principal of Potter Land Surveying. I reside in Garden Valley, Idaho. My Business address is Box 4403 Garden Valley, Idaho 83622, and my Business telephone number is 462-3232. 1 am apearing this evening on behalf of the East Meridian Property Owners Association. I am a Licensed Land Surveyor, registered in the State of Idaho, and have practiced in the fields of Land Planning and Land Surveying for more than thirty years. 1 lived in the Meridian area for more than thirteen years, and maintained a private practice in the City of Meridian for several years. Through my local residency, private practice, participation in the Meridian Chamber of Commerce and Citizen Advisory Committees. I have gained a general knowledge of the citys plans for growth, Further, I have been personally involved in several of the land development pians affecting lands in the near vicinity of the proposed annexation. I am, therefore, very familiar with the specific area, the present and proposed land uses. Jh appenring on behalf of the East Meridian Property Owners Association, I represent more than 50 persons, all of whom reside within the City of Meridian's Area of Impact. As residents of the City's Area of Impact, they believe that they are entitled to fair representation on, and before the City's Planning and Zoning Commission. Their belief in this right is based upon Idaho Code 67-6526 (f), which states, in part "If the area of impact has been delimited pursuant to the provisions of subsection (a) (1) of this section, persons living within the delimited area of impact shall be entitled to representation on the planning, zoning, to the planning and zoning commission of the city of impact. Such representation shall as nearly as possible reflect the proportion of population living within the city as opposed to the population living within the areas of impart for that city...." They believe this subsection to apply in as much as subsection (a) (1) has been complied with, in that... "Application of the city pian and ordinances ( have been ) adopted under this chapter to the area of city impact..." Therefore, and in light of the above cited codes, my clients believe that the questions raised concerning their city residency at the public hearing on this matter on 8 April 1985, to be a mute point. As indicated to you in the home owners petition filed with you during the above referenced public hearing, by clients believe that the City's favorable consideration of this annexation and zoning request, would be to their personal and financial detriment. 77ney believe that the facility planned for the site would materially and detrimentaly affect their personal enjoyment of their own real property; and would limit the alternatives for the future use of their land. This limitation, they believe, will significantly reduce their anticipated profits from their lards when they desire to sell. c� � l 13 May 1985 85-121 Meridian P&Z page 2 After carefully reviewing- the proposed land use, historical data concerning similar operations, and the present and proposed land use plans of the City and County, I believe that my clients have reason for serious concern. Based upon this research, I believe that I can demonstrate to you this evening, that an approval of this application would be detrimental to The populace, commerce and industry within the City's area of impact, the City, itself as well as the concerned citi:,Pns lodging this testimony of opposition. I have prepared a composite map, showing both the City and County zoning surrounding the subject property, including thereon certain preliminary plans which have been approved. This map provides a reference for several specific issues which I would hke to address. (Brief explaination of map given) Notice, if you will, the established pattern of zoning and land use. North of the site, there is a residential zone only 200 feet from the site. Northeast is some agricultural land beyond which is more residential and Light Industrial. To the East Light Industrial. is ration, since this The Light Industrial to the East and Northeast, is of specific conside property is planned for a Business Center involving, perhaps high tech. industry and certain allowable commercial uses. To the South and Southeast lie more agricultural lands, beyond which is more Light Industrial. Southwest of the site, is more Light Industrial. To the West, and Northwest, is the Old Towne planned development comprehen- sive plan --a concept plan for twentynine individual properties , comprieng 188 Acres, rreviouslv approved by this Commission and the City Council. At first glance, it would appear that the present request for annexation and zoning as Light Industrial would be compatible with the City's overall plan and with the area's established trend. On the other hand, a closer examination provides several sound reasons why this property should not be considered for Light Industrial Zoning; especially for the intended use specified in the application. Your attention is drawn to the Meridian Comprehensive Plan, Goals, page 8, goals 1 and 2. 11 to preserve Meridian's environmental quality.... improve the total natural environment ....to insure growth and development occur in an orderly fashion..." and in Goal 10 11 To create an Urban Service Planning Area which is visually attractive... Proper planning and subsequent zoning, if it is to accomplish these goals must look to achieving balance of land uses and the bulk area of lands contained with each zone. In addressing this area of community planning, noted authorities Joseph De Chiara and 7". Lee KoppeZman, cite the works of still another authority, George Nez, in his book Standards for Urban Development" published by the Urban Land Institute. In this volume, Mr. Nez states that studies indicate that the 11 Total Gross Land requirement for all industry"..in a city, is.."12 Acres/1,000 population; and that the 11 Land require- ments forLight Industry..is.. 112 acres/1,000 population". In addition to the present � land requirements, Mr. Nez addresses the matter of reserve for future growth. Requirements for industrial land reserve: reserve land for minimum of 50 years future growth". The 1980 census indicated that the City of Meridian had a population within the City of just under 7,000 ; and approximately - 9,000 in the City and that area now within its area. This in -city population was down 12% from that projected in 1976. impact a e Ada Planning Association corrected its project - Using this as an adjustment factor, th ions for future years. Their projection for the year 2000, is now 25,150. If this straight line projection is continued for a 50 year period, it would result in a population I 13 May 1985 O 85-121 Meridian P&Z page 3 of 50,500, in 2035 AD. Thus, on this basis, Meridian's present population requires approximately 25 Acres of Light Industrial; in the year 2000, our needs will be approx- imately 50 acres; and in the year 2035-50 years hence— approximately 100 acres. In contrast to this need, the City of Meridian, and its impact area, presently contain 1100 acres of lands zoned Light Industrial. there is stili great disparity. If we compare our available reserve to the regional needs, 9 The present population of Ada County is 197,000, and that of the entire Treasure Valley approximately 360,000. Thus the current needs of light industrial property in our region amount to under 400 acres for Ada County, or just over 700 acres for all of Treasure Valley. In the year 2000, these same populations are expected to reach ?89,000 for the County, and 550,000 for the valley. Thus, in 2000 AD the County will require a total area of 580 Acres and the Valley of 1100 Acres of light industrial. Meridian could fill these needs, even if there were no other light industrial lands available in all of Treasure Valley. In contrast to our available reserve, an inspection of those lands thus presently zoned, will show that the actual need—as demonstrated by the acreage developed, and in use— to be very *rear the guidelines for good planning, given by the authorities cited. Thus, on the basis of available reserve vs. present and projected need for lands within the Light Industrial Zone, I would suggest to you that there is no public need for further lands to be thus.zoned. To further expand the light industrial reserve, would merely delay further, the other lands thus zoned adversely affecting the owner's values. The second matter of significance in this annexation and r rezone in request before t and proposed evening, is its compatibility, or lack thereof, with the 9 land uses. One of the basic tenents of zoning in Meridian, as cited from Section 2-402- A (5) of the Zoning and Development Ordinance, is " To protect residential, commercial, industrial and civic areas from the intrusion of incompatible uses and to provide oppor- tunities for establishments to concentrate for efficient operation in mutually beneficial relationships to each other and to share services." The property owners and residents of the East Meridian Property Owners Association, perceive that the approval of the subject application would, in fact, be an intrusion of an incompatible use; would not result in efficiency of their operations; and would not be conducive to mutually beneficial relationships. For these reasons, they believe that approval of this application would violate, rather than protect their established and proposed land uses --and the rights appertaining thereto. To assist you in analizing this claim against the counterclaims of the applicant, I would draw your attention to the following citations and referer}ces: Refering again, to Mr. George Nez, author of "Standards for New Urban Development, the Urban Land Institute, he specifies certain "General Requirements for Industrial Location: (a) Fast, easy and convenient access to ,good transportation facilities including rail, highway and air. (b) Reasonable location with respect to labor supply, raw materials source and markets (c) An adequate amount of suitable land, free from foundation and drainage problems (d) An adequate and reliable supply of utilities: water, waste water, power and fuel (e) Protection from encroachment of residential or other land uses (f) Location so as to minimize obnoxious external effects on neighboring land uses ` The Meridian Zoning and Development Ordinance, Section 2-413 B, provides that... " No land or building in any district shall be used or occupied in any manner creating - dangerous, injurious, noxious, or otherwise objectionai conditions which could adversely f1; 13 May 1985 85-121 Meridian P&Z page 4 • affect the surroundinq areas or adjoining premises.....". And in the Meridian Comprehensive Plan, Section I--4, under Comprehensive Plan Objectives, it states..." The following land use activities are not in compliance with the basic goals and objectives of the Comprehensive Plan: (a) Polluting industries. There is strong evidence to suggest that a Solid Waste Transfer Station is, in fact, a polluting industry and cannot be operated and managed in a manner to avoid the creation of dangerous, injurious, noxious, or otherwise objectionable conditions, as called for in the City's Comprehensive Plan and Zoning and Development Ordinance. The first piece of such evidence is drawn from State of Idaho Code, Title 31, Chapter 44. This law provides that all solid waste systems --other than those established and/or maintained by a city—shall come under the jurisdiction of the Board of County Commiss- ioners. It also provides that all solid waste systems be located, maintained and operated in accordance to the rules and regulations adopted by the State Board of Health and Welfare. The Board of Health rules and regulations stated purpose in governing this activity, is..." To protect the public health, prevent nuisances, prevent saftey hazards, prevent pollution of water and air, prevent excessive land abuse..." Section 1-6001.01. These rules specifically include a solid waste transfer station in the term 'system'.... "Solid waste management site means any land area used for storage, transfer, processing, separation, incineration, composting, treatment, recycling, reuse, or disposal of solid wastes." Section 1-6001.33 These rules further specifically define a Transfer Station, as follows:.. "means a fixed or mobile facility used as an adjunct to a solid waste management system whereby solid wastes may be recompacted or otherwise processed and transferred from one vehicle or container to another for transportation to another place." Section 1-6001.36 Further, section 1-6013.01 requires that "Transfer stations for solid waste shall be operated under a conditional use permit issued by the department." To obtain such a permit, these rules provide that ..." Pians, maps, specifications, and a report on operational proceedures for solid waste management sites and facilities..... shall be submitted to the Department for review and approval before any construction or operation is begun..." Section 1-6005.01. Regarding the criteria for issuance of such a permit, the rules state......." To be considered for qualification of a conditional use permit, several of these conditions or circumstances shall prevail: subsection (1)..... "Extreemely low population density in an isolated area." Section 1-6005.02 (b) (1). This process is conducted as a joint endeavor by and between the State Board of Health and Welfare and the Central District Health Department. The review is designed to insure that the environment is protected. thus protecting the general public. A review of the referenced legislation and rules and regulations, indicates that a solid waste transfer station is not considered as normal light industry. It has certain aspects which require it to be governed by a State Conditional Use Permit. These aspects, are clearly defined as its potential for environmental polution and general health hazards. This would indicate that such a facility is clearly considered as a poluting industry, and as such does not meet the basic goals and objectives of the City's Comprehensive Plan ---that poluting industries are in non compliance therewith. Further, a careful review of Idaho Code 31-44, would appear to indicate that the location of such facilities within the corporate limits of a city was not envisioned, since the operation thereof was left clearly under the jurisdiction of the Board of County Commissioners. 13 May 1985 O 85-121 Meridian P&Z page 5 In reference to the polution capabilities of solid waste transfer stations, you have been invited, by several of my clients, to visit the site at 2785 South Liberty Road, in Boise. The operator has indicated to my clients that we should not use their facilities as an example, as there are better operations. However, the important fact about this site, is that it is apparently operating within the norm considered in the preparation and promulgation of the State Board of Health's rules and regulations. Their conditional use permit has not been cancelled, nor their operation suspended. It would also appear that Ada County Board of County Commissioners, under whose jurisdiction they operate, are satisfied with the present practices. It is important to remember that these same regulatory agencies will be jurisdictionaly responsible for any such operation in the environs of Meridian. In de f ference to the operator of the Liberty Road site, and his opinion that there were better operations to use as examples, I have contacted other governmental units in our adjacent states to gain first hand knowledge of their operations and associated problems. The most in-depth interview I was able to obtain was with Mr. Dave Nyblom, Manager of the Solid Waste Department, Public Works Division, of King County, Washington. This contact was made on 7 May 1985, and Mr. Nyblom was most cooperative. His observations and recommendations concerning the siting and operation of a solid waste transfer station are as follows: General statistics and operational problems regarding Solid Waste Transfer Stations Assumptions given concerning proposed Meridian operation: a) 20 Trucks per day, hauling an average of 5 Tons each of compacted solid waste b) 100 Ton/day operation with room for expansion c) possible public access for delivering waste to transfer station General site requirements a) 8 to 10 acres required for 100-150 ton/day operation, plus additional space if overnight parking of trucks and/or truck maintainance is to be on-site b) Site should be surrounded with cyclone fencing to reduce litter problems c) transfer station should be in an enclosed structure of concrete or metal -- wood structures more easily infested with rats, mice and other vermin. d) Facility should be served by central sewers. Wash down water is often highly toxic, and the concentration of solids therein makes septic systems subject to early failure. Optional, is an on-site waste treatment lagoon General siting requirements a) preferably no residences within one quarter mile b) preferably no residential developments within a third mile c) preferably no commercial, technical or office space within one-half mile d) should be considered as a nusiance industrial use, as far as planning and zoning e) best placed in area with low land value for any other use f) best adjacent land uses are: Truck/Transport terminal, Gravel pits, Concrete or asphalt plants ( King County tried putting'one in a warehousing zone, and found the results to be very unsatisfactory) 13 May 1985 O 85-121 Meridian P&Z page 6 Environmental concerns in siting consideration a) Traffic b) Noise c) (Nor d) Dust e) Litter f) Lighting g) Wastewater Disposal h) Visual or Asthetic i) Rodents and other vermin General Operational Problems a) Greatest operational problem is public access to transfer station. Public's transport of waste causes greatest amount of litter. They also contribute to traffic problem, and are a significant problem to the operator. Seattle, Washington has been sued on numerous occasions for the public getting hurt on the premises. Estimate that nearly two-thirds of the operational problems are associated with public's access to the facilities. b) Traffic can be a significant problem. Each collection truck load represents two daily trips on access roads. In addition, each three to four collection trucks represents one transport trailer load to land fill, resulting in two more trips on the same access roads. Public access to the facility exaberates these traffic concerns. c) Odor is a significant problem. Transport trailers must leave for land fill within a very few hours of loading. Facility washdown also creates additional orors. If the facility cannot be located in an area remote from higher land uses, a spray system with dedorant feed is a must. d) Noise is a major concern. The operation of the re -compacting unit, while the most constant noise, is not the greatest. The unloading of the collection trucks, and dipsy dumpsters creates the greatest noise. Even with an enclosed structure located on 8 to 10 acres, the noise level at the property line will often exceed 90 to 100 decibels. e) Dust is the most prevasive problem. No good answer for dust control has been found, according to Mr. Nyblom. Moreover, the problem is not simplistic. The dust often contains contaminants including certain construction material residue, household and agricultural pesticides, etc. Proper screening by natural topography, or other means is best available control at present. f) Litter is a continual problem. Even in their best operated transfer stations, there is a noticibie increase of litter within a quarter mile radius, and will be noticibie along transport routes to the transfer station and to the land fill. g) Lighting can be a problem for adjacent land uses. Waste transfer operations require very good lighting for proper operation. Estimates that plant needs about 50% more candle power than other uses in any industrial zone. h) Wastewater disposal has been addressed above, but its toxicity should be stressed. great care should be taken to insure that site wastewater does not enter shallow groundwater acquifiers. i) Visual or asthetic values should be considered. Presence of solid waste transfer stations in close proximity with other land uses has been found to beunsatisfactory, except whrn located in association with other nuisance industrial uses. j) Rodents and Vermin have not been a significant problem with King County, in view of the fact that Their Health Department maintains rodent and vermin bait stations surrounding each site. These are monitored, and when necessary, an area extermination program is conducted. The transport of rodents and vermin to and from the station, in loads of solid waste is greatest concern in this area. �Y. F y4.%'' i'. 13 May 1985 85-121 Meridian P&Z page 7 General Recommendations a) keep away from higher land uses wherever possible b) install horizontal ram type transfer trailer units-- no vertical load system is litter tight c) Biggest complaint from public is increased litter and odor. attendants must pick up litter on a daily basis, and must use some type of deodorant spray in washdown operations d) Protect operators and the public, insofar as possible, from the air borne dust which is often toxic e) siting of structure important to insure it doesn't operate as an air tunnel distributing litter f) keep public out of facility if at all possible g) make sure that land fill operator will provide additional turnaround and unloading areas h) King County Transfer Station to Land Fill trip averages about 45 miles. 10 mile transport is considered minimum break even transport trip to justify transfer station. i) in siting, consider it a nusinance industrial use, because this is how the public perceives it. To assit you in considering Mr. NybIom's comments, and their relationship to the site now under consideration--that is, the effect on the environment and the socio-economic values of the City, its impact area, find the property owners of the East Meridian Property Owners Association, I have prepared an overlay to the composite zoning and land use map. The first item of consideration is traffic. The comprehensive plan of the city, states that ...." Access to industrial areas from collector and local streets should be discouraged." SectionlV, Industrial Policies No.5. Locust Grove Road is considered a minor arterial; however Locust Grove cannot be accessed continually without passage over a portion of East Pine Avenue, which is classified as a Collector. Further, the site has no public road access, but is proposed to be served by an easement. Traffic will increase along Pine Avenue principally, as the most direct route from the city to the site. This will be particularly grevious if public transport of solid waste is permitted to the site. As an example of this problem, Snohomish County, Washington operates three transfer stations. At the site most nearly compatible to the one proposed, a 200 ton/ day station, they expect an average of 500 to 600 private vehicles a day during the weekends. In addition, the transport vehicles used by both King County and Snohomish County, have a loaded gross weight of approximately 40 tons. These loads, the increase of traffic—together with the present concentration of School District busses in the site vicinity could result in premature failure of the'base materials on the streets subjected to this increase. Further, the fact that the proposed site is accessed by an easement, rather than a public right - of- way, appears to violate the intent of the city's Comprehensive PIan and Zoning and Development Ordinances. A private street over an easanent seems inappropriate to an industrial site which will serve commerce (c ommercial solid waste collectors) and the general public (persons delivering their own solid waste to the station. The second item of concern is the noise factor. King County has indicated that the noise generated by their facility is in the range of 100 decibels at the property line. Based upon this assumption, then noticable noise polution will exist for nearly one-third mile from the center of the site to the point at which the decibel rating has dropped to 50. It should be noted that the normal household noise level is around 40 decibels, so that even at this distance, the noise of the operation would be descernabie. a 13.May 1985 85-121 Meridian P&Z page 8 Odor and dust are related problems, in that they are dispursed with the wind currents. The Annual Surface Wind Rose for the Meridain area, as published by the U.S. Department of the Interior, indicates that Meridaan air currents are traveling at 4 to 15 miles per hour, for nearly fifty percent of the time.', velocities of 16 to 31 miles per hour _ ten perceaht of the time; and under three miles per hour for the remaining 40 percent. This results in an average wind velocity of 8.4 miles per hour. Twentyfive percent of the time the kind is from the Northwest, and tliter carried wentythree percent of the time from the Southeast. Ther any dust direction o f thesesprev ailing surface aloft winds.ould For be expected to concentrate to th the purpose of demonstrating the effect of the wind carried litter, dust polutants and ordors, we have delimited the area affected within a two and five minute range at the average wind velocity oen mmo a th a pnrour. This ticulate sale of therea of �imaterialion can, and the of course, be much worse, dep g velocity of the wind . The litter problem, is directly associated with the visual or asthetic values of the local environment. Again, using Mr. Nyblom's comments that there will be a visual difference in the amount of litter within one quarter mile of the facility, and along the principle transport and collection routes, we have deliniated the area potentialy affected by the proposed land use. Waste water disposal, and its potential effect on the shallow ground water acqui fiers, is of major concern. Both Mr. Nybiom, of King County, and Mr. Costa of Snohomish County, stress the mandatory requirement of central sanitary seweAt for disposal of process and wash down water from such a facility. Both stress the problem of Mr. Costa, the waste water rapidly blinding out a septic type disposal system, and and water. in particular, stressed the effect of a septic disposa,.- system on the ground He points out that said waste water carries large amounts of leachates, ail and greases, and common household pesticides and herbicides. The Meridian Comprehensive Plan and Zoni aand cquiDev Development Section2-4/ nances recocognize the potential effect of industrial uses oo ur Zoning and Development Ordinance states "thisd Sewer systems of rict must also th in such proximity of Meridian." to insure connection to the Municipal And in Section IV, Industrial policy No. 13, it where their generated water can be properly uld *eQtedrand pretreated t industrial usesoelimbinateated any adverse impacts upon the city sewer treatment facility and ir irrigated eaFacilities that recieve industrial runoff water." And under Policies, page9 and Service, item 1, it states " all new subdivisions, planned developments, and large commercial and industrial development projects shall be required to lie No 2, to the municipal sewer service." and under Municipal wast Median shall assure that page 69, of the Comprehensive Plan it states 11the City of any industrial or commercial discharges their public wastewater .treatment facility b shall provide pre-treatment as specifiedy While it may well be the applicants intent to extend the community services toto the site and provide for pre -treatment - evidence the ,ground water on the subjeceen made i site my clients. This is of particular concern service is extreemly high, preventing even most agricultural pursuits. In this reguanl, I would note that on page 71 of the Comprehensive Plan, it states "the City of Meridian will encourage and support studies that will determine ground water quality conditions for the purpose of protecting the publics' health and will determine mans impact on the groundwater aquifiers." 13 May 1985 85-121 Meridian P&Z page 9 Based upon previous studies, Meridian is aware of the fact that our shallow ground acquifiers flow generaly to the Northwest, following the patterns of the areas irrigation and drainage facilities. ?his was of great enough significance to the city several years ago to prompt it to support the "Southwest Ada County Building and Development moritorium. The concem was primarily based on the infulence of the great number of septic systems in that area on the wells and surface waters in Meridian Less than 300 feet Northerly of the proposed site, the Creason drain carries shallow ground water drainage to the Northwest. This source could carry contaminants to wells located in that dire ction—particuiarily in the Carol subdivision and surrounding lands. The general area of influence has been delineated on the overlay. The problem of rodents and other vermin, and their potential disbursement from the site, cannot be readily mapped. However, the potential health hazard is real. Left unchecked, this problem could result in the vermin spreading out into surrounding areas, particularly Southeast and Northwest, where their travel would be aided by water course travel along the existing waterways. On the other hand, proper extermin- ation measures carried forth could mitigate the outward disbursement, but at the same time result in dead and dying vermin being consumed by household pets, thus spreading the hazard of any disease they might carry and the pesticides used to exterminate them onto the surrounding properties. This is, no doubt, one of the principle reasons why the criteria published by the State for these facilities, recommends a remote very low density area with good drainage. Lighting, is a lessor, but still important concern. You will recall that Mr. Nyblom, of King County Washington, states that a solid waste transfer station requires approxi- mately 50% more lighting than most other light industria3 uses. In this requard, the Citys Zoning and Development Ordinance, Sbction 2-413. B (1) (f) states "No direct or reflected glare shall be permitted which is visible from any property outside an industrial district or from any street." Based on the foregoing analysis it is difficult to see how the applicants proposed use of the site can meet the following criteria of the City Ordinances: "to protect residential, commercial, industrial, and civic areas from the intrusion of incompatible uses........," Section 2 - 402, 5 Zoning Ordinance, and " Industrial uses adjacent to residential areas should not create noise, odor, air pollution and visual pollution, greater than levels normally associated with surround- ing residential activities." Comprehensive Plan, page 17, Industrial Policy No. 6. In, Summary, my clients believe; _ 1. That there is no justification or public need to rezone any more land as light industrial at this time. 2. That the proposed annexation and zoning, and stated use, would be in conflict with established and proposed land uses in the area. 3. That the environmental and socio - economic effect of the approval of this application would result in a taking a value from them. 4. That any action by the City, other than denial, would be inappropriate since the applicant has not; - (a) "provided a detailed economic analysis, so that specifics of ...plans, designs and development will be known ...." as called for under the Industrial review area guidelines of the Comprehensive Pian (b) applied for consideration and approval of the Ada County Board of County Commissioners, under whose jurisdiction he must operate. Wrg 13 May 1985 85-121 Meridian P&Z page 10 (c) Applied for review and approval of the Central District Health, who may specify certain approval conditions, such as groundwater monitoring of the site prior to approval. (d) Applied for a Conditional use Permit from the State Board of Health and Welfare. Finally, my clients would Like Moe to know that they appreciate the service that he provides the community, and they applaud his efforts to improve this service by making a very substantial capital investment. They do, however, feel that Moe has done an inadequate job in the site selection and in pursuing the necessary permits and approvals. May 9, 1985 TO: Meridian Planning and Zoning Council Mr. Mohammad Alidjani Mr. Tom Cole Mr. Jim Johnson Mr. Walt Morrow Mr. Jim Shearer Mr. Bob Spencer Dear Gentlemen: We are residents of the East Meridian Neighborhood. We object to the rezoning of land purchased by Mr. Alidjani in our neighborhood. We understand that Mr. Alidjani originally purchased the land to build a solid waste transfer station. 1. We are aware that rezoning this land would not automatically allow a solid waste transfer station to be built. It would, however, automatically allow Mr. Alidjani to park his garbage trucks there. We are very concerned about the effect on the traffic on North Locust Grove. The road is not wide enough to pass a school bus without driving on the shoulder. Adding garbage truck traffic to the current school bus traffic will be noisy, destructive, and dangerous. 2. We understand from our legal counsel that rezoning land for a special purpose is called Contract Zoning and is illegal. Since there is already a great deal of unused industrial land already in our area, there is no reason to rezone Mr. Alidjani's land unless you are doing so for a special purpose - parking garbage trucks. Please believe that we can appreciate the economics of a solid waste transfer station somewhere in the vicinity of Meridian. We just ask that you, Mr. Alidjani and the rest of the Council look at the long term goals of Meridian planning and ask yourselves if rezoning this land is in the best interests of all concerned and react accordingly. Sincerely, �E Peggy and Gary Haar 1280 North Locust Grove Meridian, Idaho 888-4817 LU To: Meridian Planning and Zoning Commission Chairman: Bob Spencer Re: Trash transfer requested by Mohammod Alidjani Date: May 13, 1985 From: Harry R. Jensen and Mary Jensen 2075 E. Fairview Meridian, ID 83642 Dear Sirs, We just received our 1985 Ada County Assessment notice. Our home is assessed at $85,700, with a total assessment of $113,621.00 on our property at 2075 E. Fairview. Our home is located on the South Western corner of our property. Our home is a split level thus giving us a great view of the property in question from our living room, dining room and kitchen. We object to the re -location of the Meridian garbage and trash transfer business to the Locust Grove, East Pine, Fairview area. We object to any facility that would result in a reduction of our property value. We encourage you to deny Mr. Alidjanisrequest. Thank you for your immediate attention. MERIDIAN PLANNING & ZONI,N,� MAY 13, 1985 Regular Meeting of the Meridian Planning & Zoning Commission called to order by Chairman Bob Spencer at 7:30 p.m.: Members Present: Walt Morrow, Jim Johnson, Jim Shearer, Tom Cole: Members Absent: Moe Alidjani: Others Present: Aline Denardi, Loren Hornbaker, Kim Fabricius, Pat Fabricius, Brenda Fabricius, Opal Farrington, Lila Wilkins, Georgene Davis, Voyle Davis, Kieth Stokes, Elaine Smith, Lawrence Smith, Blanche Wolff, Vera Sinnemaki, George Sinnemaki, Fern McKague, Vera Hornbaker, JoAnne LaCasse, Betty Wolfe, Mary Jensen, Wayne Crookston: The Motion was made by Morrow and seconded by Johnson to approve the minutes of the Regular Meeting held April 8, 1985 as written: Motion Carried: All Yea: The Motion was made by Morrow and seconded by Johnson to approve the minutes of the Special Meeting held April 25, 1985 as written: Motion Carried: All Yea: Item #1: Request for Annexation & Zoning by Moe Alidjani, tabled at April 8, 1985 Meeting: Chairman Spencer read a letter from Mr. Moe Alidjani which he had received on April 13, 1985 which stated, due to the fact of what I recall from the last meeting, Commissioner's Cole and Morrow asked for more information and data in regards to my request for Zoning the subject property, unfort- unatly I am out of town at this time to collect this information as you requested. Please if you would, put this matter on your Agenda for two weeks from now or at your next regular meeting June 10th, 1985. Chairman Spencer advised the Commission that they had some different options as to what they could do with this request at this time: (1) they could table until a future date; (2) they could hear the testimony and then decide what they wanted to table (3) or have the Public Hearing and continue it for a number of days to accept written testimony: What is the wish of the Commission? It was the consensus of the Commission after discussion that Mr. Alidjani should be present when the testimony was given. The Motion was made by Morrow and seconded by Cole that this matter be tabled until the June 10, 1985 Regular Meeting: Motion Carried: All Yea: Item #2: Public Hearing,'Conditional Use Permit for John Hayward for RV & Automobile Sales Lot: MERIDIAN P & Z. APRIL 8, 1985 PAGE # 7 Chairman Spencer, any comments or questions of the Commission? Johnson, in #18 of the conclusions it states applicant shall be required to make annual report to the City and mail copies therof to the property owners within 300 ft. Why the extra burden on the applicant? Why not just to the City? There was discussion on this item. The motion was made by Johnson and seconded by Morrow to delete the requirement of the mailing of copies to the property owners within 300 feet. Motion Carried: All Yea: The Motion was made by Morrow and seconded by Johnson that the Meridian Planning & zoning hereby adopts and approves the Findings of Fact and Conclusions on the Fenstermaker request as prepared by the City Attorney with the deletion of the requirement that annual report be mailed to property owners within 300 feet. Motion Carried: Cole, Yea: Shearer, Absent: Johnson, Yea: Alidjani, Yea: Morrow, Yea: The Motion was made by Johnson and seconded by Alidjani that -the Meridian Planning and Zoning Commission hereby recommends to the City Council that the Fenstermaker annexation and zoning request be granted and that the Applicant's request for a conditional use be considered after due consideration by the Council of the Applicants' request for a variance. The Commission makes no recommendation on the variance but if granted the Commission recommends approval of the Conditional Use Permit, how- ever, conditional as stated in the Findings of Fact and Conclusions. Motion Carried: All Yea: 'i�tem*5: Public Hearing, Annexation & Zoning Request by Moe Alidjani: Chairman Spencer opened the Public Hearing and advised there would be a three minute time limit on the speakers under the provisions of City Ordinance #446. Spencer, the Commission has received two items of written testimony to be entered into the record which I will do at this time. (Copy of this testimony attached to these minutes as Exhibit B) Mohamad Alidjani, 2023 Turnberry, Meridian, Idaho. Mr. Alidjani was sworn by Chairman Spencer. Mr. Alidjani, some of us have business which no one likes to have - next door or next to their house, somewhere we have to go with our business I have located apiece of property, it is eleven acres, it does have -some problems, ingress and egress, really you can not do anything with-_-_ that piece of property; basically that was our concern and I am trying to develop the property to Industrial Business Park: Of course -- -the name or the nature of the business might not be to presentable or some people might not like to talk about it. I would be very glad MERIDIAN P& Z. e APRIL 8, 1985 PAGE # 9. this will definitely not be my last. Anyone who lives in the neighbor- hood knows the amount of traffic we have on Locust Grove Road and this is going to complicate the problem, would be dangerous situation. This is a neighborhood,I am sure the residents would like to keep it a neighborhood, I do not believe a trash site or whatever you want to I believe my neighbors feel the call it belongs in our neighborhood, same way. I am against this and will fight approval of this. a Johnson, where is your property on this diagram? { Mr.Parcells,indicated his property on the diagram. Johnson, are in the City Limits? Parcells,no. Johnson, the reason Mr. Alidjani does not pickup your trash. now is because you are not in City Limits. JoAnne LaCasse, 1215 No. Locust Grove Road, Meridian, Idaho Ms. LaCasse was sworn by Chairman Spencer _. Ms. LaCasse, right up the street from me, I rive next to Mr.Parcells; I have a junk car lot and a drive-in theater and it is so loud we can not sleep to four o'clock in the morning and I was wondering what kind of noise this conveyor or grinder or whatever would make the noise worse in the neighborhood, I am also wondering if my property is zoned- Industrial. onedIndustrial. Spencer, You residents are not in the City as yet but the Comprehensive Plan for that area is Light Industrial. Ms. La Casse, I am against this request: Loren Hornbaker 1190 N. Locust Grove,Meridian, Idaho 83642: Mr. Hornbaker, was sworn by Chairman Spencer: Mr. Hornbaker, why can't this go into one of the Industrial Parks, what are their restictions on this type of operation in their park. Alidjani, they have no restrictions, it is just the price of the prop- erty, and I can not afford that kind of price. Hornbaker, being one of the land owners, I feel it will decrease the value of my property immensely if you come into our area, if it were a Light Industrial business like the Tool Company on the corner I would favor it. You can't tell me a person is going to take a build- ing enclosed, transfer garbage that has been around for a week and live with it in that building, work withitwithout having the -windows or doors have the stench - go - tout to the neighborhood. - Morrow, are currently in the City Limits? I take it you are opposed to this? Hornbaker, No to the first question, yes to the second question. 4 k may. k,> r MERIDIAN P& Z. e APRIL 8, 1985 PAGE # 9. this will definitely not be my last. Anyone who lives in the neighbor- hood knows the amount of traffic we have on Locust Grove Road and this is going to complicate the problem, would be dangerous situation. This is a neighborhood,I am sure the residents would like to keep it a neighborhood, I do not believe a trash site or whatever you want to I believe my neighbors feel the call it belongs in our neighborhood, same way. I am against this and will fight approval of this. a Johnson, where is your property on this diagram? { Mr.Parcells,indicated his property on the diagram. Johnson, are in the City Limits? Parcells,no. Johnson, the reason Mr. Alidjani does not pickup your trash. now is because you are not in City Limits. JoAnne LaCasse, 1215 No. Locust Grove Road, Meridian, Idaho Ms. LaCasse was sworn by Chairman Spencer _. Ms. LaCasse, right up the street from me, I rive next to Mr.Parcells; I have a junk car lot and a drive-in theater and it is so loud we can not sleep to four o'clock in the morning and I was wondering what kind of noise this conveyor or grinder or whatever would make the noise worse in the neighborhood, I am also wondering if my property is zoned- Industrial. onedIndustrial. Spencer, You residents are not in the City as yet but the Comprehensive Plan for that area is Light Industrial. Ms. La Casse, I am against this request: Loren Hornbaker 1190 N. Locust Grove,Meridian, Idaho 83642: Mr. Hornbaker, was sworn by Chairman Spencer: Mr. Hornbaker, why can't this go into one of the Industrial Parks, what are their restictions on this type of operation in their park. Alidjani, they have no restrictions, it is just the price of the prop- erty, and I can not afford that kind of price. Hornbaker, being one of the land owners, I feel it will decrease the value of my property immensely if you come into our area, if it were a Light Industrial business like the Tool Company on the corner I would favor it. You can't tell me a person is going to take a build- ing enclosed, transfer garbage that has been around for a week and live with it in that building, work withitwithout having the -windows or doors have the stench - go - tout to the neighborhood. - Morrow, are currently in the City Limits? I take it you are opposed to this? Hornbaker, No to the first question, yes to the second question. MERIDIAN P &Z O e APRIL 8, 1985 PAGE # 10 Vera Hornbaker, 1190 North Locust Grove, Meridian, Idaho i Mrs. Hornbaker stated her husband had voiced her opinion. Betty Wolfe, 1470 North Locust Grove, Meridian, Idaho Mrs. Wolfe, Mr. Hornbaker has voiced my opinion. Morrow, Mrs. Wolfe are you in the City Limits? Mrs. Wolfe, no. Blanche Wolff, 1030 North Locust Grove , Meridian, Idaho Mrs. Wolff was sworn by Chairman Spencer: I have a petition that has fifty signatures on it that I would like to read, We the undersigned, who are residents of the East Pine, North Locust Grove, East Fairview area, oppose the zoning request presented by Mohammad Alidjani for the portion of SZ of the NWh of Section 8, T. 3N.,R.1E., Boise -Meridian,, Ada County, Idaho, also known as : 1740 E. -Pine Street; -Meridian, Idaho, on the short term grounds that the pro- - posed'use of that property would and could drastically affect the quality of life and livability due to possible odor and noise from - garbage trucks and transfer operations as well as increased truck traffic on connecting roads. In the long term such a business could reduce the alternative uses for which our parcels of land might be used, thereby deprive us, the undersigned, the right of choice to secure the best and most profitable use of our land. Petition was presented for the record. (Petition on file with these minutes as Exhibit C) Morrow, do you know how many of the people who signed the petition live in the City Limits? The answer was none. Johnson, the fifty signatures, do you know how many residents that represents, are there more than one signature at an address? Mrs. Wolff, yes, there are husband & wife signatures. Johnson, more like twenty five different residents then? Mr. Johnson's question was not answered. Gary Haar, 1280 North Locust Grove, Meridian, Idaho. Mr. Haar, I will pass,what has been said is pretty much what I would say. Chairman Spencer, that is all the people I have signed up to testify does the Commission wish to question any of the people who testified? There was no response from the Commission. Chairman Spencer closed the public hearing. ,,MERIDIAN P &Z APRIL 8, 1985 PAGE # 10 Vera Hornbaker, 1190 North Locust Grove, Meridian, Idaho Mrs. Hornbaker stated her husband had voiced her opinion. Betty Wolfe, 1470 North Locust Grove, Meridian, Idaho Mrs. Wolfe, Mr. Hornbaker has voiced my opinion. Morrow, Mrs. Wolfe are you in the City Limits? Mrs. Wolfe, no. Blanche Wolff, 1030 North Locust Grove , Meridian, Idaho Mrs. Wolff was sworn by Chairman Spencer: I have a petition that has fifty signatures on it that I would like to read, We the undersigned, who are residents of the East Pin,North Locust Grove, East Fairview area, oppose the zoning request presented by Mohammad Alidjani for the portion of S2 of the NWa of Section 8, T. 3N.,R.lE., Boise -Meridian, Ada County, Idaho, also known as : 1740 E. Pine Street, Meridian, Idaho, on the short term grounds that the pro- posed use of that property would and could drastically affect the quality of life and livability due to possible odor and noise from garbage trucks and transfer operations as well as increased truck traffic on connecting roads. In the long term such a business could reduce the alternative uses for which our parcels of land might be used, thereby deprive us, the undersigned, the right of choice to secure the best and most profitable use of our land. Petition was presented for the record. (Petition on file with these minutes as Exhibit C). Morrow, do you know how many of the people who signed the petition live in the City Limits? The answer was none. Johnson, the fif�heresignatures, thandoneyou signaturehow atmany an address?residents that represents, are Mrs. Wolff, yes, there are husband & wife signatures. Johnson, more like twenty five different residents then? Mr. Johnson's question was not answered. Gary Haar, 1280 North Locust Grove, Meridian, Idaho. Mr. Haar, I will pass,what has been said is pretty much what I would say. Chairman Spencer, that is all the people I have signed up to testify does the Commission wish to question any of the people who testified? There was no response from the Commission. Chairman Spencer closed the public hearing. ,MERIDIAN P &Z • • APRIL 8, 1985 PAGE # 11. Morrow, it seem to me what needs to be done here is we need some study work done by Mr. Alidjani in terms of, obviously there is a neighbor- hood problem, and I think some of those issues need to be addressed. It seems to me some studies should be in order in terms of traffic, some study should be done in terms of odor problems, the distance these homes are from the proposed site. It seems to me at this point Mr. Alidjani you should give us some more data, by which we can make a decision. Johnson, I think what Mr. Morrow is saying, in lite of the opposition, and there is a lot of opposition, I think what he suggesting is not presenting this information now, but tabling this matter and trying to answer these questions after some study has been done, I don't feel in my mind that I can resolve the issue tonite. It is obviously a very controversial thing and so I can'make a decision now, I want to go out there and see the location of all the property and get a better feel for the property rather than look at the map. Mr. Alidjani, informed the Commission that the property located South and East of this property was zoned Industrial and this property was adjacent to the property on the East. That this property could be considered a landlocked Industrial piece of ground.. Morrow, with respect with what Mr. Johnson is stating, I also feel uncomfortable trying to render any kind of decision on this tonite. Cole, I was wondering if maybe we could not get some of the answers to these questions and include it in a special meeting, have him do some research, maybe get some information from other locations, get some stat_ments from them, maybe notorized statements from adjacent property owners, some information as to how their operation works, what their problems are. - Morrow, in a Industrial Zone a solid waste transfer station is a permitted use, if he wished to buy a lot in an Industrial Park or some other property that was zoned industrial that is directly across the street from some of you now, that is already zoned, he could start building the station tomorrow, he would not have to go through this process, I think you should bear this in mind. The Motion was made by Morrow and seconded by Johnson to table the application by Mr. Alidjani for Annexation & Zoning until the regular meeting in May, 1985. Motion Carried: Morrow, Yea: Johnson, Yea: Cole, Yea: Alidjani abstained. Being no further business to come befog the Commission the Motion was Made by Johnson and seconded by Morrow to adjourn at 9:35 p.m. Motion Carried: All Yea: ATTEST: Ja k Nke ann, City C (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: BOB SPENCER, CHAIRMAN Air. Alidjani and the City of Meridian have nothing to Those by this rezoning, Kr. Alidjani makes a profit, and the City of Meridian gains an Industrial Sewage Facility, of which the useage fees would go on into the next century. Mr. and Airs. Donald R. Miller loose the value of their investment of said 1800 E. Pine St. As the nature of said property, located at 1800 E. Pine St „ is Residential, it is our belief that the members of the Planning and Zoning Commission can come to the same conclusion as we did. We would not want to have to try and sell our property that would have as its nearest neighbor, a sewage processing station, which would become public knowledge as soon as the surrounding property is rezoned and construction begins. This letter is not to say we are against rezoning of Mr. Alidjani's property, because the City of Meridian, of the County of Ada, and the State of Idaho would claim right of eminent domain, and in all probability condemn said residential property to get the much needed waste treatment facility for the eastern section of the industrial impact area of Meridian. All that we are asking is that some consideration be given, by the powers that be, to help in disposing of said property to clear the way for progress that is much needed in the impact area. D RI,:: k j u. cc Tom Clark G.R.I. Wright Patterson Meridian, Idaho file Sincerely Yours, Mr. and Mrs. Donald R, Miller Real Estate Elm - WR 7. o are 0 the Flne, EOrth Locust ,- We the undersib-neu,,whIpr,��sented by zoneing request the -airviev - - - - - ------ e LTrov 01 the Y�. Of section Oi S2 ad for the portion , C . 3-740 also IMO'wn idohalam County, Idal-IC9 Noise-I,ieriaiL�nv ub that 314 short term grOuRas i,eridiL-n, Idako: on theE�ffect the kine St- d dr&sticL�lly y: oul d or could O -n that property L f r Old proposed us odor and IIOiS to possible livabi -,y due li�71 Of life &n increased qu a -w ell as e transfer O-Pperations as a- Lh ter: ge trucks _1 such a FD e longi; --it�:tirib rocas. cj�7- tra-if . ic On tru -jj-jich our parcels tLe co 0 tE;rl C I _ji reuuc= ti. _Ve USec' bu�,inesc- C,.Pr-Lve use the u-yidersi,-Smed, thr ri-It L' be- USt�d, 11 ---"-27 !-I"Ld . I - land it-,-ble u,�e-of 0 ail beE�t -j2',Ost Prc- 60 secur'- Q-'; choic: L J V Air z) LC le .2 mwmmm� - 2 '' �'G' Ity �Y. �. ��.-.__..-•-`-t_-i�-s+- Vii.».. �-.�.. _. �.._.-_.-._ _ 't_.r_ ? _.1 - � J,• e_ q1 _ k+ �.. ,yy6,_-s_�sE._ .�" -"--' .Y+_."+it..-- -//t (////� A' ' 1 • /, S 1 23 1 Al zap CIO Y-r-ri ?fir L r 1f%?UV 1 IILI/t. LIC, a > _ -- � .i �L.. 1- � , S . _ .."+_o----vim.= L� ✓''��-vim ,_J 3W7 ` r r MERID AN CITY COUNCIL OCTOBER 7, 1985 Regular Meeting of the'Meridian City Council called to order by Mayor Grant Kingsford at 7:30 p.m. Members Present: Bill Brewer; Ron Tolsma; Bert Myers; Bob Giesler: Others Present: Mrs. Andrew Wolfe, Betty Wolfe, Opal Farrington, Julie Tolsma, Linda Mitich, Genvieve Moore, Art Moore, Blanche Wolff, JaAnne LaCrasse, Vera Hornbacker, Max Berrington, Bob Mitich, Steve Gratton, Pat Fabricuis, Elaine Smith, Lawrence Smith, Martin Fabricius, Keith Jacobs, Lloyd Howe, Bill & Jan Clark, Harry Jensen, Chet & Lorraine Hosac, Roy Porter, Mary Rhoades, Leonard Rhodes, Moe Alidjani, Kenny Bowers, Gary Smith, Steve Hosac, Darwin Buchanan, Faye Brewer, Gary Haar, Peggy Harr, Peggy Wood, Lee Roy Nelson, Gary Schaffer, Miriam Barr, Aline DeNardi, Wayne Crookston, Bob Spencer, The Motion was made by Tolsma and seconded by Myers to approve the minutes of previous meeting held September 16, 1985 as written: Motion Carried: All Yea: Item #1: Findings of Fact and Conclusions on Alidjani application for annexation & zoning. Mayor Kingsford, Council Members you have had these Findings for a few days, are there any comments or questions of the Council? Councilman Brewer, I want you to know Mr. Alidjani that there are no personal feelings connected with your request and we respect you very highly as a member of our community, however it is my personal feelings a aon going back to the comments of the neighbors and making reference to items 8 through 12 of the conclusions , I beleive are enough to substantiate a no vote on this request. Councilman Tolsma, basically I had about the same thing, even though he did conform to all the laws and ordinances and the uses, the fact that he was very honest with the people about what he was going to put in out there created the biggest drawback to getting the annexation and zoning. Even though I am probably going with a no vote, the fact remains that he has a business to run and sooner or later it is going to have to be somewhere in the City Limits. The public testimony was overwhelming against this and I would have to support the Findings of Fact and Conclusions on this application . Councilman Myers, I know the public testimony was very much against this proposal however, I feel where that property is located, there is land outside that already zoned industrial and I do not see any problem zon- ing this property industrial to bring it into the City. It is not way out and the services go right by this property. I think this would be controlled growth. I believe this is not a bad location for what Mr. Alidjani had planned. I have no problem with this annexation even though there was overwhelming testimony against this type of open tion going in there. The way the Planning & Zoning came up with their recommendations and conditions that were involved with it was very stringent and very well done and I would have to vote against the Findings and Conclusions of Law. I f h s -a' ,r gk{}3 k kH F + 4 r !O 4Tp }N t 'S"A' Y ° #°F`"JPE` 4C L id •-X i"{:t Y: ��3,° �y'�W k`�",;�,-� r x r % `t Y x k8-�s•,Fr t „F k, 441 TV r 'u Al r IN s °i l N Y *" 4e rfi r r MERID AN CITY COUNCIL OCTOBER 7, 1985 Regular Meeting of the'Meridian City Council called to order by Mayor Grant Kingsford at 7:30 p.m. Members Present: Bill Brewer; Ron Tolsma; Bert Myers; Bob Giesler: Others Present: Mrs. Andrew Wolfe, Betty Wolfe, Opal Farrington, Julie Tolsma, Linda Mitich, Genvieve Moore, Art Moore, Blanche Wolff, JaAnne LaCrasse, Vera Hornbacker, Max Berrington, Bob Mitich, Steve Gratton, Pat Fabricuis, Elaine Smith, Lawrence Smith, Martin Fabricius, Keith Jacobs, Lloyd Howe, Bill & Jan Clark, Harry Jensen, Chet & Lorraine Hosac, Roy Porter, Mary Rhoades, Leonard Rhodes, Moe Alidjani, Kenny Bowers, Gary Smith, Steve Hosac, Darwin Buchanan, Faye Brewer, Gary Haar, Peggy Harr, Peggy Wood, Lee Roy Nelson, Gary Schaffer, Miriam Barr, Aline DeNardi, Wayne Crookston, Bob Spencer, The Motion was made by Tolsma and seconded by Myers to approve the minutes of previous meeting held September 16, 1985 as written: Motion Carried: All Yea: Item #1: Findings of Fact and Conclusions on Alidjani application for annexation & zoning. Mayor Kingsford, Council Members you have had these Findings for a few days, are there any comments or questions of the Council? Councilman Brewer, I want you to know Mr. Alidjani that there are no personal feelings connected with your request and we respect you very highly as a member of our community, however it is my personal feelings a aon going back to the comments of the neighbors and making reference to items 8 through 12 of the conclusions , I beleive are enough to substantiate a no vote on this request. Councilman Tolsma, basically I had about the same thing, even though he did conform to all the laws and ordinances and the uses, the fact that he was very honest with the people about what he was going to put in out there created the biggest drawback to getting the annexation and zoning. Even though I am probably going with a no vote, the fact remains that he has a business to run and sooner or later it is going to have to be somewhere in the City Limits. The public testimony was overwhelming against this and I would have to support the Findings of Fact and Conclusions on this application . Councilman Myers, I know the public testimony was very much against this proposal however, I feel where that property is located, there is land outside that already zoned industrial and I do not see any problem zon- ing this property industrial to bring it into the City. It is not way out and the services go right by this property. I think this would be controlled growth. I believe this is not a bad location for what Mr. Alidjani had planned. I have no problem with this annexation even though there was overwhelming testimony against this type of open tion going in there. The way the Planning & Zoning came up with their recommendations and conditions that were involved with it was very stringent and very well done and I would have to vote against the Findings and Conclusions of Law. I f h s -a' ,r gk{}3 k kH F + 4 r !O 4Tp }N t 'S"A' Y ° #°F`"JPE` 4C L id •-X i"{:t Y: ��3,° �y'�W k`�",;�,-� r x r % `t Y x k8-�s•,Fr t „F k, 441 TV r 'u Al r IN s °i l ARIDIAN CITY COUNCIO OCTOBER 7, 1985 PAGE # 2: Councilman Giesler, If we did not have the public hearings our system really would not work that well, but we do have them , I think that the opposition that we had at the public hearings, phone calls and letters was overwhelming, if in the application it was to zone and annex this property to move a shop out there, move his trucks out there and keep inside as the applicant has stated during his testimony, I would not have a problem with that, I believe it would be a good area for that. The problem I do have is the transfer station what he had in mind and what the application is about. I do not feel a transfer station should be located in that area, I realize in our plan it says it is allowed in industrial area but we use that as a guideline, I think this is a poor area for a transfer station. I would have to go along with the findings. Mayor Kingsford, I might just make the comment which is the same thing I said at the public hearing that logically that should be a industrial zone, I think on that amount of land he could operate it well but I would also agree with. the Council tree members when you have a public hearing you have to be responsive, I think it would be unfortunate for you people out there if that or any other business that can be used with- out any kind of public hearing, you will not have these controls as I stated previously at the public hearing, I think you may have done your- self a diservice but none the less I think we have more than adequate industrial land annexed. There were no other comments. The Motion was made by Giesler and seconded by Tolsma that the Meridian City Council hereby adopts and approves the Findings of Fact and Concl- usions as prepared on the request by Alidjani for annexation 7 zoning. Roll Call Vote: Brewer, Yea; Tolsma, Yea; .,'.Myers, Nay; Giesler, Yea: Motion Carried: The Motion was made by Brewer and seconded by Giesler that the Meridian City Council hereby decides that this Annexation & Zoning request by Mr. Alidjani be denied based upon the Findings of Fact and Conclusions as prepared. Motion Carried; Brewer, Yea; Tolsma, Yea; Myers, Nay; Giesler, Yea: Item #2: Findings of Fact & Conclusions on Conditional Use Permit for Faye Breuer: l Mayor Kiihgsford, Council you have had these Findings for a period of time, is',there any comments or discussion? Councilman Brewer, Mr. Mayor, I will abstain from voting on this appli- cation due to conflict of interest. Councilman Giesler, the application was for a Conditional Use Permit, during Mrs. Brewer presentation I felt it should be a rezone, I still believe this should be handled with a rezone, Mrs. Brewer stated that a rezone would change the atmosphere and I can not believe it would. Also you did inot know if you could get signatures for rezone, you did get the signatures for the Conditional Use Permit, I do not know why it would change on obtaining the necessary signatures for a rezone. You are adjacent to Commercial property., we have had a lot trouble with Condit- ional Uses, if I had my way I do not think there should be Conditioaftl Use Permits , we just seem to have a problem with these, therefore I l S j� A � � we •,�, 4 A rt +F` Y x 4• L�� S S a � hu BEFORE THE MERIDIAN CITY COUNCIL SANITARY SERVICES, INC. ANNEXATION AND ZONING APPLICATION FINDINGS OF FACT AND CONCLUSIONS 0 • The above entitled annexation and zoning application having come on for final consideration on August 5, 1985, at approximately 7:30 o'clock p.m. on said date, at the Meridian City Hall, 728 Meridian Street, Meridian, Idaho, and the Commis- sion having heard and taken oral and written testimony and the Applicant, appearing in person, and having duly considered the matter, the Meridian City Council makes the following: FINDINGS OF FACT 1. That notice of the public hearing on the annexation and zoning application was published for two (2) consecutive weeks prior to the public hearing scheduled for August 5, 1985, the first publication of which was 15 days prior to said hearing; that the matter was duly considered at the August 5, 1985 hear- ing; that copies of all notices were made available to newspaper, radio and television stations. 2. That notice of the public hearing is required to be sent to property owners within 300 feet of the external bounda- ries of the land being considered pursuant to 11-2-416 E, of the Revised and Compiled Ordinances of the City of Meridian; that this requirement has been met. 3. That the final hearing was held before the Meridian Planning and Zoning Commission on June 10, 1985, and after receiving both oral and written testimony, the Planning and Zoning Commission recommended that the annexation and zoning application be granted under certain stated conditions. At the FINDINGS OF FACT AND CONCLUSIONS - 2 I r � 4) 0 City Council hearing on August 5, 1985, both oral and written testimony was received. 4. That the property included in the Application for Annexation and conditional use is described in the application, and by this reference is incorporated herein; that the property is generally known as 1800 East Pine Street, Meridian, Idaho; that the property is presently zoned by Ada County as Agricultur- al Preserve (AP -2); that the land is titled in the name of Herbert C. and Lillian Reaman; that Donald Harris and Mary T. Rhoades are contract purchasers from the Reamans. 5. That the property is adjacent and abutting to the present City limits. 6. That the property included in the annexation application is within the Area of Impact of the City of Meridian. 7. That the entire 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. 8. That the application for annexation requests that the parcel be annexed and zoned (I -L) Light Industrial with a proposed Phase I use of the operation of a solid waste disposal business and eventually in Phase II a solid waste transfer station; that the Applicant's present business location is 423 W. Broadway, Meridian, Idaho which area is a predominantly residen- tial area, even though zoned industrial, containing mostly single family dwellings of an approximate density of four units to the FINDINGS OF FACT AND CONCLUSIONS - 3 11 0 acre; that the property has been used in the past as agricultural Property. g ultural 9. That the subject property is located basicall the intersection of East Pine Avenue and Locust GY at Grove Road; that the entrance to the property would be by means easement which would be °f a 50 foot an extension of Locust Grove Road since .� Locust Grove Road does not at this time extend North beyond East Pine Avenue; that Locust Grove Road from FairviewiAvenue to Overland Road is a minor arterial which includes East Pine Avenue. a Portion of 10. That the Meridian Comprehensive Plan desi n the area within which the Applicant'g ates s property is located as being the Eastern Industrial Review Area; Applicant's proposed use is an industrial use; that under the Economic Development section of the Plan beginning at Page 16 there are stated the general industrial policies and those particularly this Application are as follows: Pertinent to "l• The development considerations for each of the Industrial Review Areas should be Phased and prioritized to provide for orderly growth and development, minimize the cost of provid- ing utilities and transportation services and promote unified development within the Urban Service Planning Area. 2. Industrial development within the city limits FINDINGS OF FACT AND CONCLUSIONS - 4 0 11. That on page 18 f • Industrialo that pertain the Plan there Policies are contained Industrial Specifically to Review Area and amongthe Eastern at I_84 those are to promote and the Locust Grovean overpass Road and that the character, improvements and tYPe of industrialsite the harmonized with developments should residential be bench area to the south 1 and the contiguous residential area to Con the upper 12. the north. Under Transportation Policies pertaining to the Eastern Industrial Review Area on that page 33 of the Plan access points , it states to the Eastern Industrial Review Area should be encouraged either from Locust Grove Road or Eagle Road. 13. That under Solid Waste Plan at Management Policies of the page 37, the following is stated: "1• Services as provided by the contract should be holders rev ' sewed as growth and continues development within the Meridian Urban Servi Planning Area to a ce ensure that both the present and anticipated populations are se 2. The rued. location of a central Bi -Count (County or Bi -County) solid waste transfer sta ' within tion the Meridian Area of Impact should be investigated and coordinated with Plans for solid waste .,.- Ada and Canyon Counties. 3. Interest concerning the recycling of so ' waste should be lid coordinated with any feasible FINDINGS OF FACT AND CONCLUSIONS - 7 F U •a y[8�4T gig, 3 �x � 3 } z sr ✓`4{� y, } F i � k t yg S } 3 7 4 µfry OC area residents need to commute to and reduce the and cities; to encourage development of manufacturi the menu ng and wholesale establish - which are clean quiet and free of ohazardous or objectionable elements, such as smoke or glarenoise, odor, dust, and that are operated entirely or almost FINDINGS OF FACT AND CONCLUSIONS - 8 IM III I entirely within enclosed structures; to delineate areas I best suited for industrial developmentlocation, Pment because of Itopography, existing facilities and relation- ship to other land uses. This District must also be in such proximity to insure connection to the Municipal Water and Sewer S Ystems of the City of Meridian. Uses incompatible with light industry are not Permitted, strip development is and Prohibited." 17• That Section 11-2-413 B. 1• Commercial and Industrial Provides for Uses, it states that' no land or building in any district shall be used or occupied in any manner creating dangerous noxious, or otherwise objectionab condition which could adverselyle affect the surrounding areas or adjoining.. premises except that nay use permitted Ordinance may be undertaken by this and maintained if acceptable measures and safeguards to reduce dangerous andobjecti� onable to acceptable conditions limits as established by the requirements stated in this section; Performance that the section set the Performance� goes on to requirements for fire hazard, radioactivity and electrical disturbances noise, vibration, air � glare pollution, erosion, and water pollution. 18• That the property .., Y is contained in a surve in which a large portion of the land iY section • s already zoned industrial; that the land is adjacent to the Upland Industrial Park; that it is across ',Locust Grove Road and East ,. Pine` Avenue from FINDINGS OF FACT AND CONCLUSIONS - 9 747777 77 + y4J Al.: industrially zoned property; that it is in close industrial proximity to ground which is being used for an industrial purpose on the corner of Locust Grove Road and East Pine Avenue tooling manufacturer, by a 19• That there were many people testifying at the Public hearing objecting to the use of thero P perty as proposed by the Applicant; that their objections basical Possible traffic lY related to noise, odor, debris 17 and dust problems with some objecting that the conduct of the Applicant's operation would tend to reduce their propertyP ration values; some of those persons objecting owned residences nearby and some were quite distant. 20. That the Applicant testified that his operation would be operated within an enclosed building, that his business hours would basically be between 8:00 a.m. and 5:0 his o 0 p.m. that operation in the first phase would use about 15% to 180 0 the eleven acres• f that the location of the building would be approximately 800 feet from the nearest house; that at the Present time his o : Peration would include his operation present business shop, and a place to repair and store his trucks; additionall garbage Y, the Applicant testified that at this time he is not planning on a transfer station but would that his business does not include a recycling in the future, operation, and the Public would not have access to his location for de Barba e• livery of g , he additional testified that whatever type of o e he installed regardingP ration a transfer station that it would be an FINDINGS OF FACT AND CONCLUSIONS - 10 r s development within the City limits as the highest priority; No. 5, providing for access to industrial areas from collector and local streets to be discouraged; No. 6, providing that industrial uses adjacent to residential areas should not create noise, odor, air pollution, and visual pollution greater than levels normally associated with surrounding residential activities. 0. Tnat the requested annexation and zoning of (I -L) Light Industrial would not be in compliance with the Meridian Zoning Ordinance; specifically, Section 2-402 A.4., providing for the encouragement of orderly growth and development and 5. providing for the protection of residential uses from the intru- sion of incompatible uses. 9. If approved, the Applicant's proposed land use would create objectionable conditions which would adversely affect surrounding areas or adjoining properties, including such conditions as heavy traffic, increasing litter, noise, odor and dust. 10. The annexation of the Applicant's property cannot be reasonably assumed to be used for the orderly development of the City., 11. Under Section 2-413 B, of the Meridian Zoning Ordinance; the Applicant's land would be used or occupied in a manner likely to create dangerous, injurious, noxious or other- wise objectionable conditions which would adversely affect the surrounding areas or adjoining premises. That acceptable FINDINGS OF FACT AND CONCLUSIONS - 13 T DECISION AND RECOMMENDATION The Meridian City Council hereby decides that this Annexation and Zoning Application be denied based upon the Findings of Fact and Conclusions attached hereto. MOTION: APPROVED DISAPPROVED « d / \�� S� y.��\ � �� y �� 3 ©!� :.yam: \��� 3��1 ©�� `� \\�� :� : ' ¢ � \ . l / . � : 2 � � \��\�. : \�� � m.� :6»y \�� .«:�� � � f \ \ `%� � �� ?�� � �\ � � ®` }\ � a. «�> : :, 1 / \ »� \ j \ a. .. % �\\ \ \ • � ® -26- IL d ` ` O l 0 ' • - ��-- 1 �4 �C4 y`. "`� �� � c �:"�" G L-f.J�.�;, � !.• � :�r -cif-cam'. - ,.�`� r _y,.� - n—c _ � ' y �e�. �.' �- _ _ �=•t ..-- —fir.—" f � ,-- � rye—.+ • � _ i i e _ / pp n ____ - -� -I-, ,. ; � � -�°_ s: — . ,,vis,.✓', .�. ,� - �;.. - - - - Ll _ r La?L 0_- I C 7,0n t1i 0 0 1, U e t C: Z�' 0 AV u'J U, U It Z7 . 0 L qqL-:L L: 1.1,-9 (:o-zLtyv idaho which is known LLO 1740 i-'ine bt. o, or. tla; -_I -1 o i - -c� tem, t­roundt� t_,at 111L jjZ'jDj)oL 4-11�t. pj,opoy_'w. V'.OUld. C)r C ould di as tic "lly th,_z: u li vy o-' life zzid livu.bility dUL -t;c) possible odor -nd �YLL cu:.t frwi ryL.LrbLge trucks Ln. the tr�zIL'fer o'pper"-Aions -as i;eil 3:u tlL,- connicting roads• in the lon', Tt;-:-�A could reduce the Llternit�_Ve uBeb fcr which our iifight be used. tfif_-reby Lepriv_c us, -Lie lu cLc;:tc(, to -secure the Lest :-nc ii-ost a b 1 e i?Et. 01 Cy ur "� f i / � `� C fila,' f; ( 1/.L � -,��, l,n� � _ /��'t �Lyj �'�L Li--_ ~ A. .I` `.�'.l � ✓.Ii(,,, �-a.e�, _ a+vo.7A`` tl..� �L��. . ......... a /T v /PW < afk_.4 Z{=�-�c e `_' SL -7- -31 1 7 /E - COOL 0 ,Jv -/v -T -3 57 I/ Lki CIL 61 �- cam` �G�-�� 2 � � S l c �- r - , � _ ` _ _. 0It Y 01) 241.5 A,�Ytt WLvt- Lu 04 �; L44PL- 7VY67. 573 /00 400Si J Lj6 0_0 (V P j` �,�-i �.$- �,.�- 2-,53 �`� c-� 6�YL�.-L� 241.5 A,�Ytt WLvt- Lu 04 �; L44PL- 7VY67. 573 /00 400Si J 0 -0 MOE ALIDJANI ANNEXATION & ZONING EAST PINE STREET C O M M E N T S 1. Mayor Kingsford: Would recommend this be screened from view with some type of vegetation: 2 -Councilman Brewer:Approve of this location for this purpose. 3.Earl Ward: Sewer available to property: 4,Nam-Meridian Irrigation: All lateral ditches must be protected and maintained. Surface drainage must be retained on site. 5. Central District Health: Central sewer & water, no mosquito problem. Solid waste trasfer station must be approved by CDH personnel & State D.O.E. personnel; Plans must be submitted. 6. Ada County Highway: Provide by dedication 30' of right -a -way from the centerline of E. Pine Ave. abutting parcel. Relocate all obstructions outside of the proposed street improvements. Maintain drainage through the borrow ditch (culvert may be required) 7. Gary Smith; City Engineer: See Comments Attached. 8. Planning & Zoning Commission April 8, 1985, Public Hearing held tabled until regular May Meeting. 9. Planning & Zoning Meeting Held May 13, 1985, tabled until June Meeeting. 10. PLanning & Zoning Meeting held June 10, 1985 Public Hearing held, City Attorney to prepare Finding of Fact and Conclusions. 11. Planning & Zoning Meeting held July 8, 1985 ,Findings of Fact approved and recommendation to City Council for approval of this request. MR 3 N lz;e to +-► ao co •r L � _'li z H LD z O N z O La z z O E-4 J I 3 t atm F-, d¢A k5 I w O' w H 4 h A H A M: L Q E G E G p p E- A ri rz c mi Ei a a U O L y 0 L CL i (A c •s /� P4 o v �t 3 !► 0W L- v 4-J �' V a C Q P4 -= 41 C � h h Ei .,a ti 4 z CL_ 4a z 14 b o r xd�� O L C) ���d N LU GO N Ln •r Oc L ,� ¢ 3 NO-0 O Z In r ( to z u U ~ N- �3 VIP H0 Ln LLJ N co •«► o S a a•p• _v Z 00 'Zi ` ` ``� ~ r 0 Ln H l�•Q f - O ;, wlu Of of c� 14 P4r WW a ,S •� 9. 6 +r Nth 4-3 P4 ,y+4..J4-3 U c H 3'� s u Claion a -►- fir i �c4 = ;, o � '0NL u a 4L• o o by 3 W LLa.ou _. �, �( c. o 4-3 rn ca c a (1 C r r � U= L = •r 7 1 :Ls 4 Tj ?, _ �4 3 t k5 va w O' w H 4 h A H A M: L Q E G E G p p E- A ri rz c mi Ei a a U O L y 0 L CL i (A c •s /� P4 o v �t 3 !► 0W L- v 4-J �' V a C Q P4 -= 41 C � h h Ei .,a ti 4 z CL_ 4a z 14 b o r xd�� O L C) ���d N LU GO N Ln •r Oc L ,� ¢ 3 NO-0 O Z In r ( to z u U ~ N- �3 VIP H0 Ln LLJ N co •«► o S a a•p• _v Z 00 'Zi ` ` ``� ~ r 0 Ln H l�•Q f - O ;, wlu Of of c� 14 P4r WW a ,S •� 9. 6 +r Nth 4-3 P4 ,y+4..J4-3 U c H 3'� s u Claion a -►- fir i �c4 = ;, o � '0NL u a 4L• o o by 3 W LLa.ou _. �, �( c. o 4-3 rn ca c a (1 C r r � U= L = •r 7 1 :Ls 4 Tj ?, _ �4 OTRAL DISTRICT HEALTH DEPARTMEO ENVIRONMENTAL HEALTH DIVISION 1455 North Orchard Boise, Idaho - 83706 REVIEW SHEET Return to: _ Rezone # Boise _ Conditional Use # Eagle Preliminary/Final/Short Plat _X Meridian Kuna ACZ 1. We have no objections to this Zfi17In� 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. — We will require more data concerning the depth of (high seasonal ground water)(solid lava) from original grade before we can comment concerning individual sewage disposal. 6. — We can approve this proposal for individual sewage disposal to be located (2,4) feet above solid lava layers. 7. We can approve this proposal for: _Central sewage _Interim sewage _Individual sewage — Comm mity sewage system and Central water Individual water — Community water well. 8. — Plans for Central sewage C m unity sewage system _Sewage dry lines, and _Central water Community water must be submitted to and approved by the Regional Health and Welfare Environmental Services Field Office. 9. X Street runoff is not to create a mosquito breeding problem. 10. — This department would recommend deferral until high seasonal ground water can be determined if 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 review for any (food, establishment)(beverage estaa�b--l__ishment)(swinming pools or spas)(grocery store). 13. 7rUQ 51ri use � f Reviewed INom V cm L r,rt ;z` C- rt = -` _ - c _ C = - L = r r L' c G R r' L = r �. V.. S, ,, ,7 rr.' I ,,,� }. t . r b a '-' _ z = ft L L G. V V. •� r.., C h'r ,r�' C- c' r. v s D v z -+ _ FD CD LD CL N W CD C+ [* i a a O -s Z r+ (r N CD Q (D (•i• J H •• O Z v 'C� z , ui Sd i 3,, Ln t� _'• /(gyp D � ; ,. • I � —J � � "��� � lo- ,� ' ., ro •a oW- ,0 *� ��; �� A H O (D rt j. x C co S WLn C+07 > 24 • v b t�< 00 -O -F .-. p H Lq " U7 m 00 z a n 4C (Dco N 0 610 m Z a '.a Agg 7, t7 b cn > i - n a rt w W N G w In �O O �• a -n 3�J d in n•n O m m J• � 4 b rt r F h �y 3 .Z7 aapx��' 0-w n w w rt i-+ w m C -)n 1 a s z m c a N• n n w w �s H o n = O N -t r, q)n a m w rt n cn _ G� -c (D .. z Cl CD (D tl w w r z cn (D r+ a r+ y p, r a K w w N v in in r, 0o O(D -D ZCL Ul z a N• ao G w r• 1-3 y b ->, C-) (D O rt w m OQ rt O a -s (D r , p 3 rr 0C n y a H y Dw ` H (D o o Lbs CL)O s � rt? a n G m o rt IrDD bd O v I n > (D ��, O Z _ �� s d s' N rt -� (D d rt W -- f3C r+ H O O sl�N `_� M N rt ��`� --� N Z .�. Z w Z L J. �- O 0 F3 th O n v O N cr' Z N (D j a O C '►7r" C7 H �� J ' z Z 3 �. < ty prti •tj C ¢. y O t'i G1 (Dn, _ ® p O H wo FJ- FJ - rt m G� c LTJ [sJ x n gF F n o ��� - �• �d y H���` rt`� 7d Z m ® O a C vow , r+ a trJ Z EAVF cn ct p �� a %� t71 y CC) C+ m a 01 L2 `y y 7d f N (D K En H O Vf y� t� �} y $, �� ash ,63M m ! P` ? �- + r R s i d 5 - ' q.+ R �• x ,Y 8 o I'D ®r ZOy�+ �Ryy�t I�fi�r 3F. Z. }.»•.fir#+ li ,q {' "!: ut } ( d t a #&j. 'rq i A i, C 4 Im 41 IM a 3 • 1 lLP �v'I c s b4 $ - ' Y 41 1 C L C C- - � � r R T rt c n c < J Z a n C• c C J. — i w r+ w to f Qw F1 Q J• fD �n HO (DD P, ci J. w w Le) r+ \ O O O OD -O f Ui J Q TT ,Y m O 3 3 m z N a Z 0 m m 0 3 3 m z G a O Z N J n o t7lo 5 (D _c J. -0 fD N � � N M r+ J• VI N O CD O O O • r+ '"s cr OL [D O O iD- rD � Q 3 w fD r+ .S J. Q w `n �Q Q -DO c SW r+ r+ CQ N w � Q -.o c N (D O N C-+ `I 10 O z C. H H O H O C ro r d H z 0 C: En H H r� fro{ N O ro M H K —1 (D -a z O 5 r+ Ln 0 C) w C-+ CD CL z O y M O pli t?i rn H ro H z tzi En H N H FJ N p0 Ci] H H H O W tai N O 1.z��1 LJ d r H IH 1 H 1z I d Ic U) H H I�* J. n /L -n O d H d L4 H mm^ -V C_ m N C- L r r - c - Lr r -- •-f r ^ i-•- '� C tt C. _ L1 ' h -j 2 L ,7 � F rl C �` t7 C- u - f r �S Lrt; rrt R U. n k_ L R 'S O n 1 .J. �a T •D IW' J. w a n LA (D r+ /� •D - J x w — c+ �. -.S r+ r+ J. (A ^+. J O O O r+ -1 n -3 r+ ►� Q M J. n H Z7 r+ J. 4• Ln a b -mss J. R� H n Z •• L.J (+ J •• to w C: -� >ro m � w error H m c+ t+ z C ►-� 0 H co J /z� \ YJ T OD N `-"(n O m z H z a m O 3 3 m z N a Z 0 m m 0 3 3 m z G a O Z N J n o t7lo 5 (D _c J. -0 fD N � � N M r+ J• VI N O CD O O O • r+ '"s cr OL [D O O iD- rD � Q 3 w fD r+ .S J. Q w `n �Q Q -DO c SW r+ r+ CQ N w � Q -.o c N (D O N C-+ `I 10 O z C. H H O H O C ro r d H z 0 C: En H H r� fro{ N O ro M H K —1 (D -a z O 5 r+ Ln 0 C) w C-+ CD CL z O y M O pli t?i rn H ro H z tzi En H N H FJ N p0 Ci] H H H O W tai N O 1.z��1 LJ d r H IH 1 H 1z I d Ic U) H H I�* J. n /L -n O d H d L4 H mm^ -V C_ m N ' r o c c C Lr L �. R R R = L L r- � �c c R R C n = 2 -� Or (� �c O C) c �• "5 3 Cr Vf CA 'I N Q O CD n >ka0 ro� HO rD ti a J. a w y C+ J. O O O N � y OD -O f U7 'Z -'• C-) J J. T+ rD QT rD G C- n o vo rD =_ ---o y Z = Ln rD r+ J, y y O rD rt 0 CL n ti 00 crt rD OL c-+ M- J, y a• n� Q � O c W r'+ clt cn y a o � OL so C: N rD o y c•+ 1 st, IP r�S `I 1 n O z H H G1 C, O rr^ VJ H O C ro ti H z d H x H t1J ED ro O ro t�J H k N CJ H H H O bd tij N O z tij d r H x H H z d c EO H H N [D C F x H ^^z YI d y N T 0 m C= m —t ig m m 0 z I 3•g - r r -r - C': c c n c -r L _ = rrt - L =7 v _— r + C cry` C O � C] J. J O n y 111 Ln r•r 5 n -o n z C-+ J c+ a z J. � � to C W w .J J Po m C r --i m a r+ p .J T _T C-) m C- n o vo rD =_ ---o y Z = Ln rD r+ J, y y O rD rt 0 CL n ti 00 crt rD OL c-+ M- J, y a• n� Q � O c W r'+ clt cn y a o � OL so C: N rD o y c•+ 1 st, IP r�S `I 1 n O z H H G1 C, O rr^ VJ H O C ro ti H z d H x H t1J ED ro O ro t�J H k N CJ H H H O bd tij N O z tij d r H x H H z d c EO H H N [D C F x H ^^z YI d y N T 0 m C= m —t ig m m 0 z I j LT Q Cr RLe r - C, R cr r r+ fC V, tD' O rD rD C- n o vo rD =_ ---o y Z = Ln rD r+ J, y y O rD rt 0 CL n ti 00 crt rD OL c-+ M- J, y a• n� Q � O c W r'+ clt cn y a o � OL so C: N rD o y c•+ 1 st, IP r�S `I 1 n O z H H G1 C, O rr^ VJ H O C ro ti H z d H x H t1J ED ro O ro t�J H k N CJ H H H O bd tij N O z tij d r H x H H z d c EO H H N [D C F x H ^^z YI d y N T 0 m C= m —t ig m m 0 z ar % lalc� -- :� C- L L C, c c t7 r A M: r t7' Ci a O Fr L r c C- CL rrt 4< Y LP LID V. c-..: l< ar lalc� -- :� C- L C, c c t7 r r M: r t7' a O Fr L r n C- -Ij rl V, 4< Y rL LID iz: c-..: l< O v C r. = (D = rl. c c ri cr, C) C) r+ v, t1i --Ih --h CD E (D CD r) f< =aj, J. w C) 0 (D (A c+ V+ IW — C+ J. to :3J. 911 :3' c+ -1 -o r) rD ED J. -5 (D C+ rD r) -0 r+ J. ti J r+ M Ln 0 C+ 1-3 Q (D -n tzi C+ OL to w J. Q) C= Lj LA C+ V) J. F -J Ln t.0 m rt OD -0 :F_ --- F--4 C) ul -1 -. m =3 C-) Q -TI m 7 fL >1 po H t -I F -I 00 z % 0 FA Z %D 00 eq vi 0 z H z Q -n 0 :00 t -I C4 4 Lr M Me -7 1 1 1 1 1 1 1 1 1 1 777777 C- L L7 t7 r r M: t7' a O Fr Er. Cl -Ij rl V, Y LID r.C O (D t1i z 1-3 tzi 7 fL >1 po H t -I F -I 00 z % 0 FA Z %D 00 eq vi 0 z H z Q -n 0 :00 t -I C4 4 Lr M Me -7 1 1 1 1 1 1 1 1 1 1 777777 _ ���; � �, of �. Cl+ Q, (T vi tZ < tT 0 C-) 0 0 cy, 0 CD --0 CD V) CD r+ J. U) Ln 0 CD :3 0 • r+ (D CL C-+ 0 00 C -t =- rD fD = 0- -7K 0� rD c-+ IJ. —.0 L2 0 Ln cr -00 C c-+ c-+ J. La Ln a -5 =5 CD r -,j CD 0 v) r+ W -5 (D 0 -0 CD 5 ct V) 0 C") 0) C+ (D 0 -3 3j n -3 F� F -J 1-3 1-3 H 0 w tij N 0 z F -i z 0 C-4 ti F -i z t.0 00 N Ul 0 z -n 0 F -I 0 C4 I 00 tD 00 ul M m C= rn Lor) 1-3 F -I 0 0 ) N 0 Ej Z f -D rQ 5 OD L1 3 (D CL co C+ -Ph m I Z V, r) rr L. C-- C, l< CL L Z rL l< Sl C. c CL m r) 0 C) LOT l< r+ to J.M r) CD oi- C. CD r) (D Ln Iw 4m C+ cu Ln C+ — C.+ c+ Ln = 2: 0- jw J. 0 r+ =- 0 C+ -u m O Or+ N4 CL (D -0 "D C+ J. C-+ r+ 0 (D -n r+ ti ci0) CU iA 0) LA.) Ln r+ LIT) J. F -i 0 Ln m C+ 00 -0 :E C) Ul -1 m l< (D -n C-) m Li rt 0 =3 0) Ln =r (D Pfl ti Qj _ ���; � �, of �. Cl+ Q, (T vi tZ < tT 0 C-) 0 0 cy, 0 CD --0 CD V) CD r+ J. U) Ln 0 CD :3 0 • r+ (D CL C-+ 0 00 C -t =- rD fD = 0- -7K 0� rD c-+ IJ. —.0 L2 0 Ln cr -00 C c-+ c-+ J. La Ln a -5 =5 CD r -,j CD 0 v) r+ W -5 (D 0 -0 CD 5 ct V) 0 C") 0) C+ (D 0 -3 3j n -3 F� F -J 1-3 1-3 H 0 w tij N 0 z F -i z 0 C-4 ti F -i z t.0 00 N Ul 0 z -n 0 F -I 0 C4 I 00 tD 00 ul M m C= rn Lor) 1-3 F -I 0 0 ) N 0 Ej Z f -D rQ 5 OD L1 3 (D CL co C+ -Ph m I 6 r �► o z -'GR V''NEXATION PL ROVAL & ZONING Meridian �:anning & Zoning Commission Filing Information I. GENERAL INFORMATION No subdivision required. (Proposed Name of Subdivision) Northeast of East Pine Avenue and Locust Grove Road (General Location) Attached (Legal Description - attach if lengthy) Herbert C. and Lillian Reaman (Owner(s) of Record) (Name) 1740 E. Pine, Meridian, Idaho 83742 (Address) - - - -- ---- --- Sanitary Service, Inc. (Mohammad Alidjani) --- P. 0. Box 626, Meridian, Idaho 83642 (A_30"ress� - ---- --- — -- -- J-U-B ENGINEERS, _Inc_. (Engineer, Surveyor or Planer) -(Name) 250 S. _Beechwood Avenue, Boise, Idaho 83709 (Address) ---"- City of Meridian Zoning Commission and City Council (J,irisdiction(s) Requiring Approval) 888-2435 (Telephone No. ) 888-7131 888-3999 (Telephone No. ) 376-7330 (Telephone Nc. ) Industrial building for -solid waste transfer station. (Type of Subdivision -Residential, Commericial, Industrial) ± 50 None Acres of Land in Contiguous Ownership. _ SUPPLEMENTAL INFORMATION 1. Present Land Use - agricultural. 2. Proposed Land Use - Industrial. Building for use as a solid waste transfer station. 3. Present District - Ada County Agricultural Preserve - AP -2. 4. Proposed District - City of Meridian Industrial - I. 5. Characteristics of the Property - Adjacent to existing industrial zoning and approved industrial uses. Utilities are available to the site. 6. Desirability and Harmony - The annexation and rezone are being requested to allow the applicant to construct a solid waste transfer station. This station will be used by the City's solid waste contractor to improve the efficiency of solid waste disposal. All solid waste transfer activity will be conducted inside the proposed building. The proposed activity will have minimal aesthetic, noise and odor impacts. Adjacent properties are industrial and the proposed use will be in harmony with these adjacent. uses. 7. Meridian Comprehensive Plan - The Meridian Comprehensive Plan allows for industrial uses in the general area in which the applicant's property is located. The City has recently approved large scale industrial zoning and industrial development proposals adjacent to the applicant's property. 11"N Vl-1 f F # i, EXHIBIT "A" PARCEL I R. 1 E., B.,M., Ada Coune S ty,Idahof the N and more particularly d scribed as follows: Beginning at the brass cap marling the Southwest corner of the said NW 1/4 of Section 8; thence North 88057'50" East (formerly described as North 89000' East in Instrument No. 756596) 687.40 feet along the Southerly boundary of • the said S 1/2 of the NW 1/4 of Section 8, which is also the center line of East Pine Avenue to an iron pin; thence North 0041'00" West 150.00 feet along a line Easterly of and parallel to the Westerly boundary of the said NW 1/4 of Section 8, which is also the center line of Locust Grove (toad to an iron pin, also said point being the REAL POINT OF BEGINNING; thence North 88057'50" East (formerly described as North 89000' East) 817.54 feet along a line Northerly of and parallel to the said Southerly boundary of the S 1/2 of the NW 1/4 of Section 8 to an iron pin; thence North 0041'00" West 655.73 feet (formerly described as 656.69 feet) along a line Easterly of and parallel to the said Westerly boundary of the NW 1/4 of Section 8 to an iron pin; thence South 89019'00" West 817.52 feet to an iron pin; thence South 0041'00" East 660.77 feet along a line Easterly of and parallel to the said Westerly boundary of the NW 1/4 of Section 8 to the point of beginning, comprising 12.35 acres, more or less. -� EXCEPT PARCEL 1I.Described belows PARCEL II - A portion of the S 1/2 of the NW '1/4 of Section 8, 'T. 3 N., R. 1 E., B.M., Ada County, Idaho, and more particularly described as follows: Beginning at the brass cap marking the Southwest corner of the said NW 1/4 of Section 8; thence North 88057'50" East (f ormerly described as North 89000' East in Instrument No. 756596) 687.40 feet along the Southerly boundary of the said S 1/2 of the NW 1/4 of Section 8, which is also the center line of East Pine Avenue to an iron pin; ` thence North &41'0011 West 350.00 feet along a line Easterly of and parallel to the Westerly boundary of the said NW 1 4 of Section 8, which is also the center line of Locust Grove Road to a- point, also said point being the REAL POINT OF BEGINNI NG; thence North 89019' East 208.71 feet to a point•, thence North 0041' 00" West 208.71 feet along a line Easterly of and parallel to the said Westerly boundary of the NW.1/4 of Section 8 EXHI BIT, "A'•, P. 1 l t x yx 'r a f -it 000410, �� s n 90 411 <Eu ,�r # R f 4.' a n .� -�, : a #'` s,s t " ri4' r # $' zq + i ��v4 �xr.,. n ° 4 F. s a m gni 4 ��3##��,, 10, A,r rs•. & } Y 1 A", 9 zsTP, Z,Y f } 4 'z;.4i , p, 1011H" t000 `� 0• ° $ rat s` "at :t`EE'Ya¢x� k v+* ' then" South SAW West 208.71 foes to a point; thence South 0041' 00" East 208.71 feet along a line Easterly of and parallel to the said Westerly boundary at the NW 1/4 at Ssctlai 8 co the point of beginnlag. x x x Together with the following desoribed easement which shall provide access to and from Parcel i above and which is in the widoth of 50.00 feet and length of ;00.00 feet, to wit: an easement for a risco-cf vraY of eve" and logsass Sao" the following described property; A portloa at the S 1/2 at the NW 1 ga� T & Ne 'aa' 1follaiva: M• • Ada County' Idaho' and y described dw said lVW 17at the at Section brass;�p awsldn8 the Southwest corner Cr thence North 88037150" East (formerly described as North 89000' East in Instrument No, 756596) 687.40 feet along the Southerly boundary of the said S 1/2 at the NW 1/4 of Section 8, which is also the center line at Eat PimAvenue to an iron pion chs REAL POINT OF BECINN=; thence N 0041.00" W 200.00 feet aloe a line Easterly of and pass" to chs Waverly boundary of ft said NW 1/4; theme S ee 371V W Moo feet; theow S 0041'00" E 200•, 00 teed ditW N 88057'50" E 50.00 lees to the REAL POINT OF o It is noted that this easement is not exclusive but is also��O� appurtenant to the parcel described above as'Parcel 11. Subject also to an additional easement which in a t to Parcel 11 which easement is also 50.00 fest in widish urtenaandn200.00 feet in length and described as follows, to wit: As easessat for ingress and egress over a portion of the South 1/2 of the Nortbwst 1/4 of Section 8, Township 3 North, Range 1 East, SOLIDS Neridian, Ada Cwatys Idaho, and sees particularly described as follows; ls"ina at tbt brass cap smelting the Southwest corner Of the said Northwest 1/4 of section 8; thence Nertb 86'57'50" tact (forserly described as North 89000' Last in Instrusent No. 756596) 681.40 fest •lona the Southerly boundary of the said South 1/2 of the Northwest 1/4 of Section 8, which to also the center line of Bast Pint Avenue to an iron PIGS- thence North 0041'00" West 350.00 tett along a line Easterlyof and parallel to the Westerly boundary of the said Northwest 1/4 of Sales 8. which to also the anter line of Locust Grove Road to a point, also said point being the REAL POINT Of BEGINNING; thence North 89'19' last 50 feet to a point; thence South 0041100" last 200.00 feet sloag a line Easterly of and parallel to the said Wstarly boundary of the NV 1/4 of Section 8 to a point; thence south 8857'50" West 50 feet to. a Point: the _ North 0'41'00" Vast 200 foot along a line Easterly of and parillel to the said - _ -W"&ti j.jM stsdsry of the NY 1/4 of Section 8 to the POINT Of BEGINNING. r� Y �s *a 24g 4 Q � O � ,� � _� �� a