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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 .~ 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. r~ 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