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1983 05-09;~ ~ ~ A G E N D A MERIDIAN PLANNING & ZONING May 9, 1983 ITEM: Minutes of Previous Meeting Held March 14, 1983 APPROVED Minutes of Previous Meeting Held April 11, 1983 APPROVED 1. PUBLIC HEARING - Meridian Friends Church Annexation Request APPROVED 1021 West Pine WITH STIPULATION '~ Meridian Planning & Zoning Commission May 9, 1983 Regular meeting of the Meridian Planning & Zoning Commission called ta:order by Chairman Bob Spencer at 8:00 p. m. Members Present: Walt Morrow; Bob Giesler; Marvell Chenowith Members Absent: Tom Eddy; Gerry Sweet Others Present: Jack Newell; Robert E. Beeson; Roy & Sue Peckham; Allen Fleming; Wayne Crookston Jr.; Jack H. Niemann Minutes of the previous meeting held March 14, 1983 were approved as written. Minutes of the previous meeting held April 11, 1983 were approved as written. Item 1 PUBLIC HEARING - Meridian Friends Church Annexation Request Jack Newell was present representing the Meridian Friends Church. Newell: "We are requesting annexation because we would like to build a house in the area that we tore down a house. We would like to be taken into the City so that we can have City Services, obviously at a reduced price. We understand that it does create an enclave. We have spoken to the two people involved in the enclave, Flemings and Peckhams, Flemings have no objections to comming in, it would be an advantage to them, and Peckhams are here and they can speak to their problems better than I can. In our discussions they are amicable to coming in, with some reservations because of the cost of hooking up to the services according to the City Ordinance. If something can be worked out there - a variance of some sort - they are amicable to joining us in coming into the City thus eliminating the enclave. I assume those are the major problems that we have." Spencer: "Are there any questions of the Commission?" Morrow: "My only concern is the enclave, and if they can settle that - that's fine." Giesler: "That's the way I feel." Spencer: "I will now open the Public Hearing, is there.. any comment at this time?" "If the other people would like to come up at this time and discuss their needs and wants. " Roy Peckham: "We live on the property concerned in the enclave." "I don't have any problem with, or anything against coming into the City, but as it is right now we have our own well and everything, and the cost of hook up is quite a problem." "I do havea question, would there be any change - right now as it is zoned I can put a horse out there in my pasture. I was wondering as I have not been able to get the fence finished, if this changes if I join the City?" Spencer: "The request is for A Residential." Peckham: "We moved in there last September. Since then my main objective has just been cleaning the .place up and making it livable. This summer I wanted to put a horse in there, that was my main objective for buying an acre." Crookston: "No horse in A Zone." "If he puts his horse on before we annex then he would have his Grandfather rights. Fleming: "We always thought that we were in the City because the water lines end at our property. We just found out this last year that we are not in City and that is why we are paying double Sewer and Water." Sue Peckham: "We have no objection to being annexed now, ifwe can get a variance to hooking up at a later time, because our well and septic tank are working just fine,.and there is no reason that we would want to go through that extra expense right now." Meridian Planning & Zoning Commission 2.., Ma 9, 1983 Item 1 Public Hearing - Meridian Friends Church Annexation Request Cont'd . Morrow: "What about the variance on the Water and Sewer hook up, if their systems are all functional and working now?" Crookston: "It's a pretty tough variance because of the bonding requirements, requiring that anybody within 300 feet of the water or sewer or both must hook up. It's pretty tough." Morrow: "Grandfather rights on Sewer and Water hookup?" Crookston: "If their house is in the City then they have to hook up. That is the determining factor." "They wouldn't have any grandfather rights because the require-~. ments are when they become annexed into the City and are within 300 feet of the lines they have to hook up. The only reason they have not had to hook up now is that their house is not in the City." Giesler: "If they did decide to come into the City how long after that would they have to hook up?" Crookston: "The Ordinance says 15 days after the City gives the notice." Crookston: "It's a real tough variance because you are not only giving them a variance from the Sewer and Water Ordinances, you are also in essence violating the Bonding Ordinances." Newell: "Obvious, the Peckham's don't really have any reason to want to come in the City. It's a large cost to them." "We with our Annexation request do not want to force them into a cost that really is unreasonable to them at this point in time. They are the only ones really that are adversely affected by this request." "If their systems go haywire in the immediate future, they are in the County, and there it nobody that is going to grant them a permit to re-dig a well or build another Sewer System, even though they are outside of the City, so it would cost them double to hookup. So there is that advantage." "They are trying to help us in our request to go into the City." "It seems to me that they are being cooperative to help the City in that growth area there, it seems that a variance might be,it seems like it is a logical request." "If their systems are working all :right and not causing any health problems." Commissioner Member Chenowith questioned Newell as to the immediate need of the annexation. Newell: "We have a price on a house that was good until May 1st. They extended it until tonight, so we could see where we stood. We are not going to force this. In fact, we may withdrawl this request if it is going to harm these people." "Dollar and cents wise it is mandatory that we be in the City. We would have to pay three double hook ups if we were to build that house there. Nobody will grant us a Building Permit without hooking up to the City Water and City Sewer, it would cost us $4,800.00 to hook up." Crookston: "To my knowledge, the City Council has never granted a variance from the hook up fees or the double hook up fees outside the City. I think the City Council would be more amiable to allowing an enclave than to grant a variance for the Sewer and Water." "The enclave seems to be less of a problem than the Sewer and Water because of the bonding." "It would be better to work within the enclave problem rather than violate the bond." Chenowith: "I am not willing to create an enclave. It sounds like you (Peckhams) are about ready to come into the City if not for the money problem." Morrow: "Does the City have any provisions for extended payments?" Niemann: "I think that they do. When it creates a hardship we can extend the payments over a period of time." Newell said that he felt the members of the Church would be willing to help the Peckhams dig the lines and installthe pipe for the sewer and water, if the City would allow them the time needed to build the house. Chenowith: "It sounds like that would be a good solution. It seems like everyone is more than willing to give you a helping hand." Meridian Planning & Zoning Commission 3. Ma 9, 1983 Item 1 Public Hearing - Meridian Friends Church Annexation Request Cont'd . Newell: "But they still have the dollars and cents problem." Morrow: "Obviously it is more cost effective for the Church to be able to put your parsonage on this piece of property." "What would be the feeling amongthe Church to write a long term low interest or no interest loan for the hook up fees so that the Peckhams pay you over the period of time." Newell: "There could be problems involved. It certainly would be an option however." Newell: "When we first initiated this thing we thought that our East line was the City line. We had no idea that we were involving other people until we got deep into it." Newell: "I_think that your suggestion would be up tothe Peckham's. If they would..... i think that we might be able tofinance something like that - possibly. At this point in time they have no expenseat all. They are living there happy and unconcerned and now all the sudden they are going to have expense - they are going to have monthly expense of the services - they are going to have increased tax." Chenowith: "But they will have the benefits of the services of the City." Newell: "But they have free benefits right now of all that. They have an awful good sewer and awful good water right now that doesn't cost them anything but electricity to run the pump." "This is a young couple starting out - and we don't want to force those types of problems on them." "We are willing to work with them if they are willing to work with us and ifthe City will work with all of us." Peckham: "We could run over some ideas and work together." Spencer: "IS there any other comments from the audience concerning this Annexation request?" There was no response. Spencer: "I will now close the Public Hearing." Morrow: "I think that I would recommend that everybody tries to see what they can work out themselves, and see if they can come to some sort of a solution. The thing to do, is for the City to look at what it can do, to try to make the thing work." "We don't have a solution to the problem to make a recommendation on." The Motion was made by Morrow and seconded by Chenowith that the Planning & Zoning Commission recommend to the City Council approval of the Annexation request by Meridian Friends Church on the condition that the Friends Church work out something with the Flemings and the Peckhams to that they will join in the request for annexation also. Motion Carried: Chenowith, yea; Giesler, yea; Morrow, yea Chairman Bob Spencer instructed the City Attorney Wayne Crookston to prepare the Findings of Fact and Conclusions of Law regarding the Annexation request by Meridian Friends Church. The Motion was made by Giesler and seconded by Morrow to adjourn at 8:55 p.m. Motion Carried: Chenowith, yea; Giesler, yea; Morrow, yea ATTEST: APPROVED: C , BOB SPENCER NOTICE OF HEARING PROPOSED ANNEXATION AND ZONING NOTICE IS HEREBY GIVEN, pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho that a hearing will be held before the Planning and Zoning Commission of the City of :4eridian at the City Hall in the City of Meridian, at the hour of 8:00 o'clock p. m. on May 9, 1983, for the purpose of annexing and zoning the following described property. Any and all persons interested shall be heard at said meeting: The following described property to be known as "DYERIDIAN FRIENDS CHURCH INNEXATION", and to be zoned "A" RESIDENTIAL: A parcel of land situated in the North ha ].f of the Southwest quarter of Section 12, Township 3 North, Range 1 [9est, Boise-Meridian, Ada County, Idaho, being known as the T•7est one-half of Lot 2 of WESTLAWDT 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: Commencing at the center quarter corner of said Section 12, marked by a brass cap; thence along the Fast-West 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 Union 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 [Vest Pine Street; thence along said South right-of-way North 90°00'00" East 224.45 feet to THE POINT OF BEGINNING. ALSO INCLUDED in the annexation property is the land between the above described parcel's North boundary and the centerline 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. DATED this-~~day of April, 1983. AMBROSE, FIT2GERA~D 6 CROOKSTON Atlwn~y~ ~nE CA1I11NIp~ P.O. B°~ X21 MwW W, lOYq !]!It TsNplron~OSp~{~IS1