1984 01-09•
A G E N D A
MERIDIAN PLANNING & ZONING
January 9, 1984
ITEM:
Minutes of Previous Meeting Aeld December 12, 1983
Welcome & Introduce New Planning & Zoning Member
APPROVED
1. Findings of Fact and Conclusions of Law
Tower Center Annexation Request APPROVED
Annexation Request
Tower Center Annexation
Plat Request
Tower Center
RECOMMEND
DENIAL
NO ACTION
Meridian Planning & Zoning January 9, 1984
Regular meeting of the Meridian Planning and Zoning called to order by Chairman
Bob Spencer at 7:33 p. m.
Members Present: Marnell Chenowith; Jim Johnson; Moe Alidjani; Walt Morrow;
Jim Shearer;
Others Present: Wayne Crookston Jr.; Norman Fuller; Don Hubble; Jack Niemann;
Minutes of the previous meeting held December 12, 1983, were approved as written.
Chairman Bob Spencer welcomed new Commission Member Jim Shearer, and introduced
him to the other Commission Members and the public.
Item
1 Findings of Fact and Conclusions of Law - Tower Annexation Request
Chairman Bob Spencer read the Findings of Fact and Conclusions of Law regarding
the Tower Center Annexation Request in its entirey into the record. (Tape on
File - City Clerk's Office; Document on file with these Minutes)
The Motion was made by Johnson and seconded by Morrow that the 7th line in Item
#9 of the Findings which reads "and Waltman Lane on the South ." be corrected
to read "and Waltman Lane on the North .".
Motion Carried: Chenowith,yea; Johnson, yea; Alidjani, yea; Morrow, yea;
Shearer, yea;
Commission Member Johnson questioned Item #9 of the Conclusions, stating that the
applicant's proposal for sewer service conflicts with present sewer policy and
ordinances.
City Attorney, Wayne Crookston explained that the applicant proposes to develop
the property in such a fashion that no streets within the development would be
dedicated to public use but rather would be easements for public use with
the property owner retaining ownership of the land. Crookston said that the
present sewer ordinances of the City of Meridian provide that the City of Meridian
maintain the sewer lines up until they reach-the connection point for the line
servicing the property or the property line, which ever comes first.
Norman Fuller said that the streets would be deeded to a Business Owner's Association.
Crookston stated that this would be an owner otherthan ACHD or the City, and was
in conflict with present Ordinances.
Johnson also said that he would like to "go onrecord" that while the City does
have a substantial amount of industrially zoned property which is not presently
being developed, this is "no .excuse for not looking at other bonafide industrial
developments." Johnson said that he felt that the Commission should be "open
minded in that area".
There was more discussion regarding Item #9 of the conclusions(Tape on File)
The Motion was made by Johnson that Item #9 of the Conolusions (That the applicant's
proposal for sewer service conflicts with present sewer policy and ordinances)
be deleted from the Findings of Fact and Conclusions of Law on the Tower Center
Annexation Request.
There was discussion. (Tape on File - City Clerk's Office)
Commission Member Walt Morrow said that he felt the City's responsibility was
well defined in that it ends at the property line. Morrow said that if there
is a conflict with this proposal, why delete.
Meridian Planning & Zoning 2. January 9, 1983
Chairman Spencer said that he felt that Item #9 was not going to change the
overall effect of the Findings of Fact and Conclusions of Law.
The Motion was seconded by Morrow.
Motion Carried: Johnson, yea; Alidjani, yea; Morrow, yea; Shearer, yea;
Chenowith, nay;
Crookston told the Commission and Fuller that the comment in Item #9 was that
the City's responsibility ends at the property line or the connection whichever:
comes first.
There was discussion again regarding #9 of the Conclusions. (Tape on File)
The Motion was made by Chenowith and seconded by Morrow to reinstate Item #9
of the Conclusions, with the insertition of the word MAY, reading "That the
applicant's proposal for sewer service MAY conflict with present sewer policy and
ordinances".
Motion Carried: Chenowith, yea; Alidjani, yea; Morrow, yea; Shearer, yea;
Johnson, nay;
Morrow said that he felt that many issues could be resolved if Pennwood were
a dedicated street now. Morrow said that he felt this should be included in
the Findings of Fact and Conclusions of Law.
Chairman Spencer told Morrow that the issue of Pennwood Street being a dedicated
Street goes along with the plat request. The Findings of Fact and Conclusions of
Law as presented is for annexation consideration only.
The Motion was made by Chenowith and seconded by Alidjani that the;Meridian Planning
and Zoning Commission adopt and approve the Findings of Fact and Conclusions of
Law as amended.'.
Motion Carried: Chenowith, yea; Alidjani, yea; Morrow, yea; Shearer, yea;
Johnson, nay;
The Motion was made by Chenowith and seconded by Alidjani that the Meridian
Planning and Zoning Commission recommend to the City Council that the annexation
request for Tower Center Annexation, by N&D Inc., be denied based upon the
Findings of Fact and Conclusions of Law.
Motion Carried: Chenowith, yea; Alidjani, yea; Shearer, yea;
Johnson, nay;
Morrow, Abstain;
The Motion was made by Morrow and seconded by Chenowith thatthe Meridian Planning
ahd Zoning Commission take no action on the Plat request of Tower Center Annexation,
by N&D Inc.
Motion Carried: Chenowith, yea; Alidjani, yea; Shearer, yea; Johnson, yea;
Morrow, yea;
Being there no other business to come before the Commission .
The Motion was made by Morrow and secondedby Alidjani to adjourn at 8:20 p.m.
Motion Carried: Chenowith, yea; Alidjani, yea; Shearer, yea; Johnson, yea;
Morrow, yea;
ATTEST:
L~,~„K-~^~-
Jac H. Niemann City Clerk
APPROVED:
CHAI ; BO SPENCER
~~
.•
~~
BEFORE THE P~IERIDIAN PLANNING AND ZOPIING CONll"IISSION
TOWER CENTER AIINEXATION
FINDINGS OF FACT AND CONCLUSIONS
The above entitled annexation havina come on for considera-
tion on Nove,-:u~er 14, 1983, and continued and additionally ??eard
on December 12, 1983, at approximately 8:00 o'clock p.m. on said
dates, at the P4eridian City Hall, 728 Meridian Street, Meridian,
Idaho, and the Commission having heard and taken oral and written
testimony and having duly considered the matter, the Planning
and Zoning Commission makes the follovaing:
FINDINGS OF FACT
1. That notice of a public hearing on the annexation was
published for two (2) consecutive weeks prior to the said public
hearing scheduled for November 14, 1983, the first publication of
aA~hich was 15 days prior to said hearing; that the matter was duly
considered at the November 14 hearing and that the matter was
then continued lawfully to December 12, 1983, for further consider-
ation; that copies of all notices were made available to newspaper,
radio and television stations.
2. That the Planning and Zoning Commission (P`F-Z Comm.)
received both oral and written testimony.
3. That the property included in the Application for annexa-
AMBROSE,
FITZG ERALO
bCROOKSTON
Attomaye an0
Counaelon
V.O. Boz 42]
MariElan, Idaao
BfBKY
Tslapltona BBBda81
tion is described in the application, and by this reference is
incorporated herein; that the property generally lies adjacent
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to Meridian Road north of Waltman Lane and South of Franklin Road,
and consists of approximately four (4) acres of land, and is
generally known as 417 South Meridian Road, Meridian, Idaho.
4. .That the property is adjacent and abutting to the present
City limits;
5. That the property included in the annexation is within
the Area of Impact of the City of Meridian as adopted by Ordinance
No. 319, but which Area of Impact has not been adopted by Ada
County.
6. 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 1978 Comprehensive Plan:
7. That the application for annexation requests that the
parcel be annexed and zoned "D" INDUSTRIAL; that the present use
of the property is vacant ground and residential.
8. That the proposed use of the property would be to con-
struct small shop spaces designed for industrial capability
cahereby the lot purchaser would own the lot and building in the
nature of a townhouse design except it would be used for industrial
purposes.
9. That the property is located for Comprehensive Plan
AMBROSE,
FITZGERALO
d CROOKSTON
Attomeye entl
Coonealoro
P.O. Boz IZ]
Meddlen, IdNo
83M2
TaleP~one BBB~~B1
purposes within what is re £erred to as Linder Acres which is a
neighborhood as defined by the Comprehensive Plan and designed for
residential use; that the property is not located in the mixed use
area which is adjacent to Linder Acres in that the mixed use
review area is bounded by the Kuna-Meridian Road on the east
and Waltman Lane on the South and everything north of Waltman
Lane would be in the Linder Acres designation.
10. That the City of Meridian already has a substantial
amount of industrial designated property which is presently vacant
and is not being used £or any purpose.
11. That one of the industrial policies of the Comprehensive
Plan is that industrial development should be encouraged to locate
adjacent to existing industrial uses; that there are no existing
industrial uses in the area which is the subject hereof and the
predominant adjacent uses are residential.
C O N C L L' S I O N S
AMBROSE,
FITZG ERALO
6 CROOKSTON
AROrneya antl
Counaelore
P.O. Bow ~2T
Meritllen, IWI~o
838aR
TelePlaM BBB1M1
1. That the City has authority to annex land pursuant to
50-222, Idaho Code; that exercise of the City's annexation
authority is a Legislative function.
2. That the Planning and Zoning Commission has judged the ann
tion application by the guidelines, standards, criteria, and
policies contained in Section 50-222, Title 67, Chapter 65,
Idaho Code, the Meridian City Ordinances, and the 1978 Meridian
Comprehensive Plan.
3. That all notice and hearing requirements set forth in
Title 67, Chapter 65, Idaho Code, and the Ordinances o£ the City
of Meridian have been complied with.
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4. That the City may take judicial notice of governmental
statutes, ordinances, and policies, and of actual conditions
existing within the City and State.
5. That all land within the proposed annexation is contig-
uous 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
N & D, Inc. and is not at the request or initiation o£ the City
of Meridian.
7. That the applicant desires to develops the property in
such a fashion that no streets within the development would be
dedicated to public use but rather would be easements for public
use with water and .sewer lines running through the proposed ease-
ments with the property owner retaining ownership of the land.
8, That the sewer ordinances of the City of Meridian provide
that the City of Meridian maintains the sewer lines up until they
reach the connection point for the line servicing the property or
the property line of the property being considered.
9. That the applicant's proposal for sewer service conflicts
with present sewer policy and ordinances.
10. That the zoning of the property as industrial is not
AMBROSE,
F1T2G ERALD
SCROOKSTON
Attorneys and
Counaeloro
P.O. Box ~Y7
Maf101an, bMo
818aI
Talepllone BB8~B1
in compliance with the Comprehensive Plan of the City of Meridian
in that the property is located in an area that is presently desig-
nated as a neighborhood for residential development and the appli-
cation requests industrial zoning.
11. That the City of Meridian has a substantial amount of
industrially zoned property which is not presently being developed
and one of the industrial policies of the Comprehensive Plan is to
encourage the location of industrial development adjacent to
existing industrial uses.
12. That it is finally concluded that the annexation of
the subject property is not in the best interest of the City of
Meridian; that the annexation of the property. as industrial ground
is not reasonable and would be in violation of the City of Meridian
Comprehensive Plan in that the property is presently located in
a neighborhood which is reserved for residential development and
the Comprehensive Plan has a policy of encouraging industrial
development to locate near existing industrial uses.
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian Planning and Zoning Commission hereby adopts and
approves these Findings of Fact and Conclusions.
Poll Call
Commissi_oner Plorrow Voted '~ G'e~--
Commissioner Alidjani Voted y
Commissioner Geisler Voted
Commissioner Chenowith Voted ~cq
Commissioner Johnson Voted
Chairman .Spencer (Tie Breaker] Voted
d o ~ w ^-----_, e
~'~'~ '"" DECISION AND RECOMMENDATION
The Meridian Planning and Zoning Commission hereby recommends
AMBROBE,
FIT2GERALD
6 CROOKBTON
Attomeyn ~n0
CoonaBlon
P.O. Box 12T
MM81en, IGIa
8381E
THpBOns 8881187
to the City Council that this annexation request be denied based
• .
AMBROSE,
FITZGERALD
6 CROOKSTON
Attomeya an0
Counaeloro
P.O. BOR 421
MarlElen, lONo
88N2
Trrleplions 8884487
upon the above Findings of Fact and Conclusions.
Motion:
Approved
~e~.w n~,~~.~
Disappryoved
Ob ~~ca~-p H, ~/
HU6 OF TREASURE VALLEI'
A Good Place to Live
OFFICIALS
JACK NIEMANN, Clty Clerk
A. M. KIEBERT, Trw9unr
RICMARO D. NICNOLS. CNNf of Polip
BRUCE D. BTGART, WAM WoA~ 9up1.
JONN O. FIRGEMLD, AROm~y
EARL WARD. Wun WafwSupt.
CITY OF MERIDIAN.
728 Meridian Street
MERIDIAN, IDAHO
83842
Phone 888-4433
JOSEPH L.GLAISYER January 9, 19$4
M•ror
Mr. Don Hubble, P.E.
3952 Daisy Way
Boise. Idaho 83709
Dear Mr. Hubble:
Re: Tower Center Subdivision
Meridian, Idaho
COUNCILMEN
GRANT P. KINGSFORD
BILL BREWER
RICHARD F. ORTON. JR.
RONALD R. TOLSMA
BOB SPENCER
Chairman Zoning d PlAnnlnp
In accordance with your request, a meeting was held with you in the
Meridian City Hall Conference Room on December 27, 1983, to discuss fire
protection requirements for the subject project. The city staff people in
attendance were:
Gary D_ Smith, P_E. - City Engineer
Bruce Stuart - City Water Superintendent
Skip Voss - City Fire Marshall
As a result of that meeting, you need to take the following items into
account for your project development:
1. A water and sewer service will need to be provided for each building
or user- The water meter the shall be located in a planter area or
out of driveway, otherwise a cast iron ring and cover on a concrete
the will be required.
2. The 24-foot width of Pennwood Lane is not adequate for fire fighting
access. Minimum width shall be 30 feet.
3. A minimum 20-foot wide access shall be provided to and along the
north side of Block 3 for fire fighting access-
4. All building construction shall conform to the requirements to the
Meridian City Building Department.
5. The "existing water line" shown on the "utility plan" sheet is
located along the east edge of Meridian street pavement.
6. The water line in Pennwood Street shall be relocated to the north
side of centerline, in accordance with the Ada County Highway District
utility corridor location map- This water line shall be continued
to the west property line for future extension by adjacent property
owners.
Mr. Don Hubble, P.E. -2- January 9, 1984
7. Two hydrants are required and they shall be located on Pennwood
Street, north of centerline. The easterly most hydrant will be
adjacent to Pennwood Street and Pennwood Lane turfing right as you
enter the subdivision. The westerly most hydrant will be adjacent
to the westerly boundary line.
8. It is not necessary to loop a water line around the south side of
Block 1 since services for these lots will come from Pennwood Street.
9. Provide a minimum 10-foot wide walk through access between buildings
in the middle of Block 1.
Si erely,
/ '~--~
Gary D. Smith, P.E.
City Engineer
GDS:mz
bcc:
Bruce Stuart
Skip Voss
Earl Ward