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1983 06-02r MERIDIAN PLANNI~& ZONING CONM1iSSION . JUNE 2, 1983 Special Meeting of Meridian PLaru7ing & Zoning Cca~anission called to order by Chairman Bob Spencer at 5:24 P.M. Notice of Special Meeting on file with these minutes. Members Present: Walt Morrow; Bob Giesler, Marnell Chenavith Members Absent: Tan Eddy; Gerxy Sweet Item 1 Finding of Facts and Conclusions on Meridian Friends Church annexation request; Chairman Bob Spencer asked if all menbers present had read the Findings of Fact and Conclusions prepared by Attorney Wayne Crookston on Meridian Friends Church Annexation Request. Members stated they had read the Finding of Fact & Conclusions, Spencer: "Any Question of the Omission?" There was no response Motion made by Morrow and seconded by Chenowith to approve the Findings of Fact and Conclusions as prepared by Attorney Wayne Crookston on the Meridian Friends Church Annexation Request. (Findings of Fact & Conclusions on file with these Minutes) Motion Carried: Chenowith, yea; Giesler, yea; Morrow, yea; There being no other business to came before the Omission the Notion was made by Giesler and seconded by Chenowith to adjourn at 5:32 p.m. Motion Carried: Morrow, yea; Chenowith, yea; Giesler, yea; APPROVED: SPENCER ATTEST: pc: Mayor & Council (5) P & Z Catmission (6) JUB, Attorney, Fire Earl, Bruce, Vern Valley News, Statesman Pres Tribune Police, Ann City Clerk Mail: Meridian Friends Church File: Meridian Friends Church j,~~~'l 0 '~ I'~ ~ !EiE~ Before: C!E ~l((N(~ 0 PLANNING AND ZONING COMMISSION Location: 728 Meridian Street Meridian, Idaho Time: Other 5.15 P.M. Date: THURSDAY JUNE 2, 1983 Items to be discussed are as follows: FINDIIVGS OF FACT AND CONCLUSION OF LAW MERIDIAN FRIENDS CHURCH ANNEXATION I _~ ., • MERIDIAN FRIENDS CHURCH ANNEXATION FINDINGS OF FACT and CONCLUSIONS The above entitled annexation having come on for hearing on May 9, 1983, at the hour of 8:00 o'clock p.m., the Petitioner, appearing through Jack Newell, before the Planning and Zoning Commission of the City of P4eridian and said Commission makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That all notices have been given as required by law and all approvals and procedures before the Planning and Zoning Commission have been given and followed; 2. That the property is adjacent and abutting to the present City Limits; 3, That the property is described as set forth below; A parcel of land situated in the North half of the Southwest quarter of Section 12, Township 3 North, Range 1 West, Boise-t9eridian, Ada County, Idaho, being known as the West one-half of Lot 2 of WESTLAWN SUBDIVISION, filed of record with the Ada County Recorder at Book 2, Page 94, also being that parcel shown on Record of Survey No. 456, filed as Instrument No. 8317278, at Book E, Page 468 of Surveys at the Ada County Recorders Office; more particularly described as follows: AMBROSE, FITZG ERALD B CROONBTON Attorneys and CountNlore P.O. Box 1YT McM01an, IOSNo BBM2 Teleplrons BBB-HBl Commencing at the center quarter corner of said Section 12, marked by a brass cap; thence along the East-TVest mid-section line North 90°00'00" West 670.03 feet to a point, marked by a P.K. nail; thence leaving said line South 0°02'15" West 30.00 feet to a point on the South right-of-way line of West Pine Street, marked by a one-half inch iron pin, THE REAL POINT OF BEGINNING; thence continuing South 0°02'15" West 998.14 feet to a point on the North right-of-way of the TJnion Pacific Railroad, marked by a one-half inch iron pin; thence along said North right-of-way North 89°01'43" West 224.44 feet to a point, marked by a one-half inch iron pin; thence leaving said right-of-way North 0°02'05" East 994.33 feet to a point on the South right-of-way of West Pine Street; thence along said South right-of-way North 90°00'00" East 7.24.45 feet to THE POINT OF BEGINNIN;. R ~ • • • • ALSO INCL[DED in the annexation property is the land between the above described parcel's North boundary and the center- line of Pine Street and the land between the above described parcel's South boundary and the South boundary of the Union Pacific Railroad right-of-way. ALSO INCLUDED is the following described property: Part of Lot 2 of WEST LAWN SUBDIVISION, according to the plat thereof, filed in Book 2 of Plats at page 94, records of Ada County, Idaho, described as follows: Commencing at the center of Section 12, T. 3N., R. 1W., B.P1., thence West along the East-West center line of said Section 12, which is also the center line of West Pine Avenue, a distance of 654.40 feet; thence due South to a point on the South right-of-way line of West Pine Avenue, the real place of beginning; thence continuing South a distance of 125 feet; thence East a distance of 90 feet; thence North a distance of 125 feet to a point on the South line of west Pine Avenue; thence [4est along the South line of West Pine Avenue, a distance of 90 feet to the Place of Beginning. 4. That the owners of the property are the Deridian Friends i Church and Paul Flemminer; ~~ 5. That the proposed zoning of the property as "A" Residentia is in accord with the Meridian Comprehensive Plan and the proposed zoning ordinance and present zoning laws; 6. That the existing use of the property is a residential one and the use will remain a residential use, that is a church with a detached residence for use as a parsonage; 7. That no persons appeared at the public hearing objecting to the annexation or the zoning; however, an adjacent property owner, Mr. and Mrs. Peckham, did appear due to the fact that if this annexation request is granted, it will create an enclave where his property is. The Petitioners had previously been informed that the City has a policy against annexations where they create enclaves. Attempts were made at the hearing to resolve the enclave problem by having the Peckham property included in this annexation. No resolution of the problem was AMBRORE, FITZG ERALD 6 CROOKBTON recahed at the hearing; Altorneye antl Couneeloro P.O. Box /Z] McNtllen, lBNo 83812 TsISDIIOM BBBd81 . ~ • 8. That the annexation of the property is reasonable and that it is not a shoestring annexation; 9. That the owners have requested annexation and that this annexation has been instituted by them and not the City; 10. That the annexation of this property will aid in the orderly development of the City; 11. That the Planning and Zoning Commission finds the annexa- tion and proposed use to be in harmony with the general purposes and uses of the area and will not be otherwise detrimental to the public health, safety and welfare; 12. That the property is presently within 300 feet of Meridian City water or sewer. CONCLUSIONS 1. That the City of Meridian has authority to annex property pursuant to 50-222, Idaho Code; 2. That the annexation of the proposed property is in the best interest of the City and has been performed in compliance with the Local Land Use Planning Act and the Ordinances of the City of Meridian; 3. That once the property comes within the 300-foot require- ment for water and sewer to be hooked up to the City, that that be done as required by Ordinance; 4. That the creation of an enclave is of concern to the Commission, but they also feel that the property should be annexed. RF COMPflEN DAT I ON We the Planning and Zoning Commission hereby recommend to the AM BROSE, FITZG ERALD Cit Council that this annexation be a roved on the condition tha dCROOKSTON y pp Altorneye enE Coeneeloro P.O. Boz 12] MBrlClen, IENo 83812 TsIaDNOn1 B8BJ181 ~•-- . ~. AMBROSE, FIT2GERALD S CRODKSTON Attorneys an0 Counselors P.O. Boa X17 MalElen, IOeNo 898x2 TelaPNOne 8881x81 ~ ::~x~-a,. cc. • the Meridian Friends Church work out something with the Peckhams so that their property would be included in the annexation. These Findings of Fact and Conclusions were Pu4?E on a vote of Yea ~_ Nea ~ AbS~~r }- BO _, HAIRMAN TOM EDDY GERRY SWEET