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1983 12-12 A G E N D A MERIDIAN PLANNING & ZONING December 12, 1983 ITEM: 1. 2 3 Minutes of previous meeting held November 14, 1983 APPROVED Findings of Fact and Conclusions of Law APPROVED Janet Deppe - Conditional USe Permit Janet Deppe - Conditional Use Permit RECOMMEND Beauty Salon APPROVAL Finding of Fact and Conclusions of Law APPROVED Sunnybrook Farms #3 Sunnybrook Farms #3 RECOMMEND Variance Request APPROVAL PUBLIC HEARING: Annexation Request & Preliminary Plat CITY ATTY' Tower Subdivision by N&D Inc. PREPARE FINDINGS, CONCL Preliminary Plat - Tower Sub. TABLED Meridian Planning & Zoning Commission December 12, 1983 Regular meeting of the Planning & Zoning Commission called to order by Chairman Bob Spencer at 7:30 p. m. Commission Members Present: Bob Giesler; Walt Morrow; Jim Johnson; Moe Alidjani; Marnell Chenowith; Others Present: Harriet Guthertz; Russell E. Johnson; Janet Deppe; Norm Fuller; Don Hubble; Wayne Crookston; Gary Smith; Jack Niemann; Minutes of the previous meeting held November 14, 1983 were approved as written. Item 1 Findings of Fact and Conclusions of Law - Janet Deppe Conditional Use Permit Chairman Spencer asked for comments regarding the Findings of Fact and Conclusions. Member Jim Johnson questioned the recommendation•.made by ACHD that all damaged sidewalk sections be replaced. Johnson said that he could not see bad sidewalks in that area. Spencer explained that this is a normal. recommendation made by ACRD. Spencer mentioned that there were two stipulations in the orginal motion that were not included in the Findings of Fact and Conculsion. These were that the operation be limitedto one chair only and that the sign be left as it now exists. The Motion was made byMorrow and seconded by Alidjani approval of the Findings of Fact and Conclusions of Law. Motion Carried: Giesler, yea; Morrow, yea; Johnson, yea; Alidjani, yea; Chenowith, yea; The Motion was made by Morrow and seconded by Giesler to recommend to the City Council approval of the Conditional Use Permit by Janet Deppe to operate a Beauty Salon at 129 E. Pine, with the stipulation of one chair only and the sign be as existed prior. Motion Carried: Giesler, yea; Morrow, yea; Johnson, yea; Alidjani, yea; Chenowith, yea; item 2 Findings of Fact and Conclusions of Law - Variance & Final Plat Sunnybrook Farms The Motion was made by Giesler and seconded by Morrow to approve of the Findings of Fact and Conclusions of Law regarding Sunny Brook Farms No. 3. Motion Carried: Giesler, yea; Morrow, yea; Johnson, yea; Alidjani, yea; Chenowith, yea; The Motion was made by Morrow and seconded by Chenowith that the Planning and Zoning Commission recommend to the City Council that the Petitioner's application be granted. Motion Carried: Giesler, yea; Morrow, yea; Johnson, yea; Alidjani, yea; Chenowith, yea; 12. 1983 2 Item 3 PUBLIC HEARING: Annexation Request Tower Subdivison and Preliminary Plat Chairman Spencer asked Mr. Fuller if he had received the comments. Fuller replied that he had, and would like the project Engineer, Don Hubble to speak to thosecomments. Hubble said that the objectiveof putting the utilities in private dedication was to provided a perment easement for those facilities. Maintenance would be handled through the covents to guarantee operational maintenance for Sewer & Water. Hubble said that they are planning on leaving an opening foreseeing the extension to Penwood Street. This however, will not be a dedicated street. Commission Member Walt Morrow questioned that if this was not a dedicated street at the time it is extended through, it will have to become a dedicated street, "Who will have to pay the costs to bring it up to ACRD standards?" Hubble said that he felt this would be up to the assocation and whoever developes to the West. "This will be for private access and for public access too," Hubble said. Norm Fuller explained that he thought that the responsibilty for bringing the street up to ACRD standards should lie with the persons' behind when they decided to develop. Fuller said that because they had paid enough less for their property, as it was not a frontal piece of property, they should be responsible to pave the street when the time came. "It all works out in the free enterprise system," Fuller said. "Its' all been adjusted in the price of the land up to now." Morrow told Fuller that he could understand this logic, but felt that "each must pay his own fair share." This is no different than when a subdivision is put in and must dedicate the streets to ACRD standards Morrow said. Fuller said that he felt he had already paid for this in the price of the frontage property, and "I have to widen Meridian Street,. which is for their benefit as much as it is mine." Commission Member Chenowith: "It sounds to me that we are debating rules and regulations that are already set down." "These are standard rules & regulations." Fuller said that a PUD area allows this. "If I have to bring that street to County standards - now - it won't be feasible." "Under thisparticular use it just won't be feasible." Fuller cited economic conditions, financing, and inflation as his reasoning. There was discussion concerning the placement of the sewer line. (Tape on file - City Clerk's Office) Hubble said that they were open for comments and for a more practical way to do it. Hubble said that Earl Ward recommended that they use the manhole on Gem St., which is North of the project area, and would like to see the sewer line extended down Meridian Street. Hubble said they were given no other options at the time - and were open for any suggestions. Hubble told the Commission that they had not yet set down with the Fire Deparment and discussed the width of the street and the radius. They had some comment on the locations of fire hydrants but"have not arrived at anything." As far as runoff, Hubble said that if the streets are not paved, the runoff will be mininumal.but they may as an option, have an on-site system. If the streets are paved they would have to have a more extensive drainage system, Hubble said. They are proposing that the streets be graveled. Hubble presented the Commission with a topography map of the tract, which showed the relationship to existing buildings and irrigation facilities. Meridian Planning & Zoning Commission 3. December 12, 1983 Item #3 Cont'd . Commission Member Giesler told Hubble that he felt there was a real problem with the width of the street and with the radius as far as Fire equipment was concerned. Giesler said that this "needs work." Hubble said that an option would be to locate a fire hydrant at both ends or maybe even in the middle of the block. Morrow said that he is concerned with the Water and Sewer lines in the easement past the property line. Morrow said that it was his understanding that this could not be done. City Attorney Wayne Crookston said that under the Sewer Ordinance, the end point for the Citys' responsibility is at the connection point or the property line, which ever come first. There was discussion. (Tape on File - City Clerk's Office) Chairman Bob Spencer opened the Public Hearing. Russell E. Johnson was present. Mr. Johnson explained that he owned the property adjacent to the proposed annexation. Johnson said that he is concerned that if allowed, this will be mixing Commercial with Industrial. Johnson also pointed out that there is a considerable of property in the City that is all ready zoned Industrial, that has streets all ready put in, that is just sitting vacant. Morrow told Johnson that this would be considered "light Industrial." Johnson said that his concern is that once zoned Industrial there would be no means to restrict what might go in there, as it would be zoned for Industrial use. Johnson again pointed out that he felt there was enough Industrial in the City right now. Gieller questioned Fuller as to if there were any parties interested in going into the development right now. Fuller said that he had some persons interested and felt that there was "lots of opportunity" for such a project. There was no other Public Comment. Chairman Bob Spencer closed the Public Hearing. There was discussion among the Commission concerning the dedication of the streets, and the responsibility of the sewer and water lines ending at the property line. (Tape on File - City Clerk's Office) The Motion was made by Morrow and seconded by Giesler to instruct the City Attorney to prepare the Findings of Fact and Conclusions of Law concerning the annexation request for Tower Subdivision by N&D Inc. Motion Carried: Giesler, yea; Morrow, yea; Johnson, yea; Alidjani, yea; Chenowith, yea; The Motion was made by Chenowith and seconded by Alidjani to table action on the preliminary plat request for Tower Subdivision by N&D Inc. until such time as a decision is made on the annexation request. Motion Carried: Giesler, yea; Morrow, yea; Johnson, yea; Alidjani, yea; Chenowith, yea; Meridian & Zoninq 4• 19831 Being there no other business to come before the Commission . The Motion was made by Giesler and seconded by Alidjani to adjourn at 8:40 p.m. Motion Carried: Giesler, yea; Morrow, yea; Johnson, yea; Alidjani, yea; Chenowith, yea; Meeting adjpurned. APPROVED: -__.~- R.C. SPEN ~R, CHAIRMAN MERIDIAN PLANNING & ZONING COMMISSION ATTEST: pc: Mayor & Council (5) P&Z Comm. (6) Ward; Schoen; Stuart; JUB; City Atty.; Police; Fire; Kiebert; Valley News; Statesman; Press Tribune; Hein; ACRD; NMI; APA; CDH; ACZD; ACC; File: Deppe Sunnybrook Farms #3 Tower Svb. Mail: Deppe Sunnybrook Farms #3 (Boesinger) Tower Sub. (Norm Fuller) BEFORE THE T-1ERIDIAN PLANNING AND ZONING COMMISSION - DEPPE CONDITIONAL USE PERD4IT AT 129 E. PZNE, MERIDIAN, IDAFTO FINDINGS OF FACT and CONCLUSIONS OF LASS The above entitled matter having come on for public hearing on November 14, 1983, at the hour of 7:30 o'clock P.M., the Petitioner appearing in person and the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. That this property is located within the City of Meridian; 2. That the property is located in a residential area; 3. That proper notice has been given as required by law and all approvals and procedures before the Planning and Zoning Commission have been given and followed; 4. That no persons appeared at the hearing objecting to the use of the property as a Beauty Salon; 5. That the property has been used as a commercial use in the past pursuant to a conditional use permit; 6. That since this is a commercial activity, the owner of AMRROSE, FITZGERALD b CROONSTON Allorneya and Counaelora P.O. Boa IRT Merl0len, IEeno exls TeleOnone E88 M61 the property will be required to pay commercial rates for water, sewer and trash and to pay any additional hook-up fees required; FINDINGS OF FACT AND CONCLUSIOIS OF LAW - P. 1 ~i ~ ~ 7. That the use of the property as a Beauty Salon which is a commercial activity is not in compliance with the zoning ordi- nances or the allowed uses in a residential zone. CONCLUSICNS OF LA4; 1. That the City has authority to grant ccnditional uses pursuant to 67-6512, Idaho Code; 2. That the City has authority to limit the time a condi- tional use may be in existence pursuant to 67-6512, Idaho Code. 3. That the City has authority to grant conditional uses pursuant to Chapter 65, Title 67, Idaho Code, even though the proposed use is not in compliance with the zoning ordinance. 4. There having been no objection to the use of the pro- AMBROSE, FITZGERALD d CROO KSTON Allomeys and Counealora perty as proposed, the Petitioner shall be able to use the pro- perty as a Beauty Salon for a period of not exceeding year(s); i DATED This/~~ day of ~ e.K cr 1963. These Findings of Fact and onclusions of Law were ro~ee~. on a vote o Yea Nea R.o. eo,+s, ~ FID~D Ii1.GS OF FACT AND CONCLUSIONS OF LAW - P. 2 MBtlelan, IeNo eae+s Ts1sOMne BB8~++81 Mo Alidjanr~ ~, Jin Joi~nson ^`= 1 ° ~ -- 1._.. Walt-1~3orrow' : ~ AMBROSE, FITZGERALD d CROOKSTON Allorneye end Counselors P.O. BOR IZ] MarlUlen, IOefto 838{2 Talp~one BBBJ~8/ FINDINGS OF FACT AND CONNCLUSIONS OF LAW - P. 3 ti r ~ • BEFORE THE MERIDIAT7 PLANNING AND ZONING COPIMISSION VARIANCE REQUEST FO R. SUNNY BROOK L'ARMS NO. 3 FINDINGS OF FACT AND CONCLUSIONS The above entitled matter came on for hearing on I4ovember la, 1983, at the hour of 7:30 o'clock p.m., the petitsoner, nlax Boesiger appearing in person, the Planning and Zoning Commission having duly considered the evidence and the existing conditions makes the following Findings of Fact and Conclusions: 1, That Sunny Brook Farms No. 3 Subdivision is lccated in the City of Meridian; 2. That the preliminary plat approval was given to the Subdivision in 1978; 3. That request for final plat was made in October, 1983; 4. That City Ordinance Section 9-609 requires that not more than two years may elapse from the time preliminary plat approval is given until final approval is requested; 5. That more than two years elapsed since Sunny Brook Farms No. 3 received its preliminary plat approval until final plat approval was requested; 6. That economic conditions in the area have caused a severe reduction in the need for additional housing and, thereby, AMBROSE, PirzcERA~o n de velonment of residential subdivisions has not been feasible. dCROOKSTON Altornsys end Counselors P.O. Box!]] MstlAien, IANa 83812 TNaplwne 688!!81 ~ - ~~ CONCLUSIONS 1. That it would cause an economic hardship on the petitione to require him to go through the entire platting process; 2. That the purposes of the two-year requirement from preliminary plat approval to final plat approval will not be defeat• ed by granting a variance to the requirement in cases such as this as were caused by the general economic downturn which occurred from 1979 to 1983; 3. That the City has authority to grant variances to its Ordinances and, specifically, to grant variances pursuant to 67-6516, Idaho Code; 4. That the granting of this variance is not in conflict wi public interest and the denial of the variance would work a hard- ship on the petitioner. RECOMMENDATION The Planning and Zoning Commission hereby recomments to the AMBROSE, E1T2G ERALD BCROO KSTON Atlorneys snE Counselors P.O. Boa s11 MerlElen, MANo B3 W3 TelaDKOns BBB-a~8t City Council that Petitioner's application for a variance from Ordinance Section 9-609 be granted. DATED thi~~ day of ~ o ~rnp~r 1983. These Findings of Fact an Conclusions were t~oJc~ on a vote of Yea Nea Robe pencer, Chairman Marnell Chenowith ~) `~-~ - /y/ /~ . ~~ ~1tobErt ~~t.s3er - _ / ~, ,' . PQO Ahdjani ,, !~ Jim Johnson Walt Morrow AMBROSE, FITZGERALD d CROOKSTON Allorneye entl Counselors P.O. Box x27 MsrlOlsn, IAafto B3W1 TaNDNUris B8B1es/