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1983 01-24 SPECIAL MEETING Meridian Plannin & Zoning Commission Janua 24, 1983 Special bfeeting of the Meridian Planning & Zoning Commission called to order by Chairman Bob Spencer at 8:20 pm. Members Present: Marnell Chenowith; Bob Giesler; Gerry Sweet; Tom Eddy Others Present: Wayne Crookston Jr.; Al Marsden; Jack H. Niemann Item 1 Application for Comprehensive Plan Amendment - Dobaran et al City Attorney Wayne Crookston Jr. read the Findings of FactandConclusions regarding the Application for Comprehensive Plan Amendment by Alvin 5. Marsden on behalf of Dobaran, et al. (See exhibit A, Findings of Fact and Conclusions, attached; Tape on file, City Clerk's Office) The Motion was made by Chenowith and seconded by Sweet to adopt the Findings of Fact and Conclusions concerningthe application for Comprehensive Plan Amendment by Alvin S. Marsden on behalf of Dobaran, et al, as read. Motion Carried: Eddy, yea; Giesler yea; Chenowith, yea; Sweet, yea Unanimous The Motion was made by Eddy and seconded by Giesler to deny the application for Comprehensive Plan Amendment by Alvin S. Marsden on behalf of Dobaran, et al. Motion Carried: Eddy, yea; Giesler,yea; Chenowith, yea; Sweet, yea Unanimous Item 2 Dobaran et al Annexation Request Planning & Zoning Chairman Bob Spencer read the Findings of Fact and Conclusions concerning the Dobaran et al Annexation request. (See Exhibit B, Findings of Fact and Conclusions, Attached; Tape on File, City Clerk's Office) The Motion was made by Sweet and seconded by Chenowith to adopt the Findings of Fact and Conclusions regarding the Dobaran et al Annexation request as read. Motion Carried: Eddy, yea; Giesler yea; Chenowith, yea; Sweet, yea Unanimous The Motion was made by Eddy and seconded by Giesler to recommend to the City Council that--this annexation request be denied. Motion Carried: Eddy, yea; Giesler yea; Chenowith yea; Sweet, yea Unanimous Chairman Spencer informed Marsden that he wouldbe notified in writing of the decisions of the Commission, andthat he had 30 days in which to appeal the decisions of the Commission to the City Counci L The Motion was madeby Eddy and seconded by Sweet to adjourn the Special Meeting of the Meridian Planning and Zoning Commission, January 24, 1983, at 9:02 pm. Motion Carried: Eddy, yea; Giesler yea; Chenowith, yea; Sweet yea. APPROVED: CH , BOB SPENCER ATTEST: -ack H. Nieman , City Clerk ,• APPLICATION FOR COMPF,EHENSIVE PLAPd AMENDMENT EY ALVIN S. MARSEN 021 BEfIALF OF DOBARAN, ET AL. FINDINGS OF FACT AND CONCLUSIONS FINDINGS OF FACT 1. This application for amendment to the 1973 Aleridian Comprehensive Plan was submitted by Alvin S. Marsden as the applicant on behalf of Dobaran et al.; the application was received October 14, 1982, by the Meridian City Clerk; that a public hearing as required by the Local Land Use Planning Act could not be scheduled until December 13, 19 R2, due to a lack of a quorum on the Meridian Planning and Zoning Commission. 2. That the applicant requests amendment to the 1978 t"eridi Comprehensive Plan in the following particulars: A. Extend the Urban Service Planning Area (USPA) to the centerline of Cloverdale Road. B. Designate the area adjacent to the iJnion Pacific Railroad west of Cloverdale as Industrial. C. Designate the area west of Cloverdale Road and north and South of I-84 as an Interchange Enterprise Area. D. Designate Cloverdale Road as a major arterial. 3. That a public hearing was held on December 13, 1932, AMBROSE, F1T2G ERAlD B CROOKSTON AROmeye entl Couneelore P.O. Boa <R] MerlOlen, IEe~o &1812 Taleplane 8881181 concerning the proposed amendment; that notice of said hearing was published fifteen days prior to hearing as required by la~.a; that said hearing was open to the public; that the Planning and Zoning Commission held a special meeting workshop on January 5, 198.3, to consider the proposed amendment which special meeting workshop was duly noticed by publication prior to the special meeting; that notices of both meetings were available to papers, radio and television stations. E}uYIBIT "A" P & Z 9':E'.ETING 1/24/83 12 Pages • • Q. That an amendment to the 1973 ffleridian Comprehensive Plan was submitted to the Meridian City Council on or about September 2. 1982; that if this proposed amendment were recommended to the City Council, it would be recommended after an additional hearing in April of 1983, and, thus, Comprehensive Plan Amendments would not have been recommended to the City Council more often than every six (6) months. 5. That no public comment was given at the public hearing or the workshop; that the Commission heard testimony and took evic~en from Alvin S. Marsden, the applicant on behalf of Dobaran et al:, and City officials, and there were questions and answers between the Commission, the applicant and City officials. 6. That after the December 13, 1982 public hearing and the Sanuary 5, 1983 workshop, no changes were made in the application for amendment either by the applicant or by the Planning and Zoning Commission. 7. That the 1978 Meridian Comprehensive Plan sets forth an Amendment Procedure; that this application has been submitted and processed pursuant to that procedure; that, additionally, the Lo ca] Land Use Planning Act has been followed and complied with; that the application substantially complied with the requirements of para- graph b of the Amendment Provision and Procedures on page 62 of the 1978 Meridian Comprehensive Plan; however, the Commission felt that the application was lacking in the requirement of number 4--The Public need for and benefit from such a change in the Plan--and, number 6--Development intentions for any land involved. 8. That the City of Meridian adopted, pursuant to the AMBROSE, FITZG ERALD B CROOKSTON Altomaye anE Counxlon P.O. Box 12] MerlClan, IEa~o 83814 Tslaplwne 88&1181 requirements of Section 67-6526, Idaho Code, an Area of Impact; the Area of Impact was adopted by Ordinance 319 and was passed December 29, 1977, and included the ,following area.: The west boundary being the Ada-Canyon County line; the north boundary being Highway 20; the east boundary being Cloverdale Road until such point as Cloverdale reaches the Interstate-Overland Area, then including the Five- PQile, Eight-D1ile and Ten-LQile Creek Drainage areas, but in no event shall it extend east past Cole Road or the New York Canal, whichever is closest; and bounded on the south being generally following the Rawson Canal to the point it intersects with the Ada-Canyon County line. However, the Area of Impact has not been negotiated, as required by 67-6526, Idaho Code, by the City of Meridian and Ada County or the City of Boise; that Ada County has not adopted the Meridian Area of Impact by means of an Ordinance. 9. That Ada County has adopted the Boise City Area of Impact by means of County Ordinance 126; that said Area of Impact of the City of Boise extends at least to the quarter section line west of Cloverdale Raod; thus, the duly adopted Area of Impact of the City of Boise overlaps at least a quarter of a mile onto the Area of Impact of the City of Meridian which has only been adopted by the City of Meridian, but not by Ada County. 10. That a large portion of. the land. where the applicant proposes Meridian's USPA be extended to is now included in the Area of Impact of the City of Boise. 11, That the application sets forth as the one overriding nificant change which has occurred and which results in a material descrepancy between the 1.97E Comprehensive elan and present existing conditions is the proposed construction-of an interstate interchange at I-84 and Cloverdale Road: that the application for amendment is basically grounded and based upon the addition of the interchange at Cloverdale Road. 12. That the applicant, in testimony and the application, AMBROSE, FITZG ERALD BCROOKSTON AROmeys entl Counseloro P.O. Box 12] Merltllen, Itle~o 83812 TsISpMM8B8e181 indicated that the intended development included in the area which the proposed extension of the USPA would include would be indus- trial; that the City of Meridian now has within its City limits over 800 acres of industrial zoned land with a total railroad fron- tage of approximately 14,550 feet; that more than one-half of the above industrial ground has not been developed and almost all of it has no existing industries located therein; that outside the City limits, but within the USPA, there is additional land zoned by Ada County industrially. 13. That in order to serve the area included in applicant's extension of the USPA boundary, water lines would have to be extende~:_ approximately 5/8ths of a mile and sewer lines would have to be extended 7/8ths of a mile. 14. That the present USPr; boundary is located basically alone Eagle Road; [that while the USPA boundary is not of demarcation, applicant's request would extend approximately one mile east); that the applicant the USPA boundary be defined as Cloverdale Road; and Zoning Commission has previously recommended that the USPA boundary be extended to the one-ha between Eagle Road and Cloverdale Road, but this yet acted upon by the City Council. a definite line the boundary proposes to have that the Planning to the City Counci Lf section line has not been as 15. That the Idaho Department of Transportation has approved construction of an I-84 Interstate Freeway interchange at the inte section of I-84 and Cloverdale Road; that along with a freeway interchange, development o". one kind or another will likely come about as a result of the access to the freeway; that historically, in areas of population, such as the Treasure Valley and the Boise-Meridian area particularly, growth and development occurs where transportation facilities and access exist. 16. That now included within i•?eridian's Area of Impact are AMBROSE, f172G ERALD B CROO KSTON Aporneye end Couneelon P.O. BoK l27 Merlelen, IGNo 8~II TelepNOne BSNM1 three freeway interchanges, one in existence at I-84 and teridian Road, one in the planning stage at I-84 and. Eagle Road, and one in the planning stage.' at I-84 and Cloverdale Road; that at the time of the adoption of the 1978 Meridian Comprehensive Plan, there was only the one interchange at P•leridian Road. 17. That it is the goal of the Commission to encourage regional enterprises; that regional enterprises require and tend to locate where there are sufficient transportation facilities such as railway and freeway access; that Meridian has in its Area of Impact, as adopted by Meridian but not approved by Ada County, three, one at Meridian Road, and two under planning at Eagle Road and Cloverdale Road; that the best possible locations for regional enterprises are at freeway interchanges where access to the freeway is the best; that the City of Boise and Ada County now have, however, included the Cloverdale Interchange Enterprise Area within the Boise Area of Impact. 18. That the present capacity of the Meridian Sewage Treat- ment Facility is for a population equivalent to 21,000; that current utilization is a population equivalence of 7,000; that the plant has the capability of being expanded to serve an approximate population equivalence of 42,000; that in order to serve all the annexed property in the City of Meridian, the sewer treatment plan would have to have a capacity of approximately 50,000 population equivalence; that not all annexed property would require sewer service at one time; to allow Growth, either residential, commer- cial, or industrial, additional means of treating sewage will have to be developed, publicly or privately, to compliment service by the existing plant. 19. That water service to the land in the proposed extension AMBROSE, FITZG ERALD B CROOKSTON Altorneye en8 Couneelore P.O. Box 12] MerlOlen, IGa~o 83812 TBlepeone 88&1181 of the USPA could be handled by means of additional wells; that a funding mechanism would have to be found to relieve the expense burden on the City of any new wells and their operation and main- ten ance. 20. Police protection would still be provided by County services in the area included in the application as it is at the present time. No change would occur in this regard until annexa- tion occurs and, at that time, the Meridian police force will be impacted to a significant degree due to the amount of land include in the application. 21. Fire Protection would still be furnished by the Il4eridian Rural Volunteer Fire District and Cole-Collister Fire District which are not funded by the City; this, of course, like police protection, would change if and when annexation occurs, and then fire protection would have to be provided by the City and a means to provide and fund that service would have to be considered. 22. Population considerations due to the proposed amendment are of little significance in that the area is intended to be developed industrially. 23. Economic development is likely to occur as the result o the addition of an interchange at I-84 and Cloverdale Road; the construction of this interchange, however, will not begin until at least 1986; additionally, the interchange would be in Boise's Area of Impact unless that is chanced. 24. Land use in the proposed east extension of the USPA would change from agriculture to commercial and industrial; this change will occur very gradually, at least until the economic rescession is alleviated; that then the change will occur more rapidly; land sales would increase and property values would increase. AMBROSE, FIRGERgID 6 CROOKSTON Attomeye end Couneelore P.O. Box ~P) MeriElen, IOeho fi1N2 Telephone BBB~MI U 25. That the Amendment would have little affect on housing since there already is an abundance of available building lots. 26. There would be no impact on hazardous areas or special areas or recreation due to the Amendment and the Commission felt there was no comment necessary on natural resources. 27. The Amendment would have no, or at least minimal, affect on the soils. 28. The Community design would not be significantly changed. 29. That there was no public input on the proposed Amendment. CONCLUSIONS 1. That all the requirements of the 1978 Peridian Comprehen- sive Plan Amendment Provision and Procedures and of the Local Land Use Planning Act, Title 67, Chapter 65, Idaho Code, including all notice requirements and planning considerations have been met; that the requirements of Section 67-6508, Idaho Code, have been consider ed. 2. That the Comprehensive Plan is designed for the planning of the City of Meridian and its Area of Impact as adopted in Ordinance No. 319. 3. That the 1978 Meridian Comprehensive Plan was adopted pursuant to the Local Land Use Planning Act, Title 67, Chapter 65, Idaho Code, and all requirements of that act have been met and were complied with. 4. That in considering any amendment to the Comprehensive Plan, the goals and policies of the present plan must be looked to and considered; that all such coals and policies have been con- side re d; that the following listed goals and policies are considere to be of utmost importance in the present application for amend- AMBROSE, FITZGERALD ment and are somewhat controllin in li ht of the findin s: 8CR00 KSTON g g g ABOmeya Ntl CouneelOre P.O. Box t1T MerlGlen, ItlNo 838/Y iele8none BBB~eEt Goals of the Comprehensive Plan (p. 8) GOAL 2: To ensure that growth. and development occur in an orderly fashion it accordance with adopted policies and procedures governing the use of land, residential development, the provision of services and the distribution of new housinR_ units within the Urban Service Planning Area. GOAL 7: To provide community services to fit existing and projected needs. GOAL 10: To create an Urban Service Planning Area which is visually attrac- tive, efficiently managed. and clearly identifiable. i;conomic Policies (p. 15) AMBROSE, FITZG ERALD d CROONSTON Attomeye uM Counsebro P.D. Bor I4T MsNC4m, ICNo &7M2 Talplgna BBNAl1 * * ~ 2. It is the policy of the City of Meridian to set aside areas where commercial and industrial interest and activities are to dominate. 4. Positive programs should be undertaken to .support existing industrial and commercial areas to ensure their continued vitality, .. Industrial Policies (p. 16) 1. The development considerations for each of the Industrial Review Areas should be phased and prioritized to: provide for orderly growth and development; minimize the cost of providing utilities and transportation services and promote unified development within the Urban Service Planning Area. 2. Industrial development within the City limits should receive the highest priority. * * * Rural Policies 3. Although it is recognized that urbanized development does exist within the rural areas of the Urban Service Planning Area, the rural lands should be kept in agricultural production as long as possible until alternative urban services can be accomodatei through planned community services. 4. Uses in the rural areas of the Urban Service Planning Area not scheduled for urban services (municipal sewer and water facilities and other essential services) should be maintained in agricultural use until such land has been identified as .part of a City capital improvement program for development. 5. That the above goals and policies, particularly that support should be given to existing industrial areas and that industrial development within the City limits should receive the highest priority, in conjunction with the finding that there are already over 800 acres of industrial zoned property within the City limits, a significant amount of which is undeveloped, dictate that the USPA should not be extended any further to the east and that the area adjacent to the Union Pacific Railroad west of Cloverdale Road should not be designated as Industrial. 6. That the Commission may take judicial notice o` State laws, City and County Ordinances, and economic conditions and of governmental actions, policies, and decisions, including its own, and. may consider knowledge obtained in considering prior amend- ments and duplication is to be avoided; that the Commission specifically takes notice of the Dobaran Annexation application which includes land extending to Cloverdale Road. 7. That no public need for or benefit from the proposed amendment was shown significant enough to warrant the adoption of the amendment; that the representations as to public need were speculative and based in large part upon the proposed construction of an interchange at I-84 and Cloverdale Road, which will be dis- cussed below. 8. That the applicant maintains that one significant change has occurred within the Area of Impact which is a material change necessitating the adoption of the applicant's amendment and that AMSROSE, FITZG ERALD bein that the construction of an In to rch an e at I-84 and BCROONSTON g g Attorneys end Coonaeloro P.O. Bov tT MerlElen, IWlio BSle2 TBlsphone SBBMl1 for the City of Boise that extends at least 1/4 mile west of Cloverdale Road and that the Peridian Area of Impact, cahich has not been approved by Ada County, extends to Cloverdale Road, creates an overlap and a conflict in the two Cities' Areas of Impact; that this overlap cannot be ignored. and it puts the applicant's amendment in limbo because the question of which City has jurisdiction is confused. Until this conflict is decided, this conflict alone, is sufficient justification to deny the applicant's proposed amendment. ~~ u Cloverdale Road has been approved; that the Commission has in the past when considering a prior amendment to the Comprehensive Plan found that such an Interchange is sufficient to warrant a change in the Comprehensive Plan; that two factors, however, are significantly different in this application: 1) the proposed amendment here is basically for an Industrial use of which industrial use land is overabundantly available and undeveloped within the City limits and 2) the Meridian Area of Impact may not ultimately include the Cloverdale Intercahnge. Due to these differences, the proposed Interchange is not a sufficient material discrepancy between the 1978 Comprehensive Plan and actual existing conditions which warrant a change in the Plan. 9. The fact that Ada County has approved an Area. of Impact AMBROSE, FITZGERAID BCROOKSTON Attorneys end Counselon 10. That while the Commission has in the past maintained that regional enterprises are encouraged and that regional enterprises are likely to develop around freeway interchanges, the fact that Boise's Area of Impact may now include the proposed Cloverdale Interchange clouds the jurisdiction over the Interchange and dictates that it would not be logical or prudent to designate the Cloverdale Interchange Area as an Interchange Enterprise Area and extend the L'S PA boundary to include Cloverdale Road. P.O. Box 4PT MsrlGl~n, NINo 87MR TslapNOM BBMMt 11. That even disregarding the Area of Impact problem, the Commission concludes that, in light of its prior recommendation to the City Council to extend the USPA boundary approximately 1/2 mile east of Eagle Road, the further extension of the USPA boundary another 1/2 mile to the east would not be prudent without sufficient assurances that the area could be sewered with the present capacity of the sewage treatment plant, or an expansion thereof, and that sufficient water could be supplied for ind.ustria and fire fighting purposes. 12. Additionally, the problems of police and fire protection in the event and likelihood of annexation were not sufficiently addressed, particularly in light of the Dobaran Annexation appli tion which has been filed by the applicant in conjunction with this application to amend the 1978 Peridian Comprehensive Plan. 13. The Amendment Provision and Procedures of the 1978 Comprehensive Plan states that the Commission shall take an application for amendment, hold at least one public hearing and determine whether the application merits further study. If the Commission determines that the application does not merit further study, that is, the application is denied, the Commission shall so notify the applicant by mail and the applicant shall have 30 days within which to appeal the decision to the City Council. If the Commission determines the application merits further study, it shall hold at least one additional public hearing and then recom- mend to the City Council approval or denial. 14. The Commission concludes and determines that the appli- AMBROSE, FIRGERALD E CROOKSTON Attorneys en0 Counselor P.O. BoK 131 MeriElan,ICaNo 83862 TelapBOna BBB~N1 cation of Alvin S. Marsden on behalf of Dobaran, et al. for amendment to the 1978 Meridian Comprehensive Plan, as set out in the application, does not merit further study; that the applicant may appeal this decision and these findings of fact and conclusio to the City Council within 30 days from the date of notification of this decision. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS AND DECISION The Meridian Planning and Zoning Commission hereby adopts these Findings of Fact and Conclusions and it is the decision of the Commission that the application of Alvin S. Marsden on be- half of Dobaran et al. for amendment to the 1978 Meridian Compre- hensive Plan does not merit further study and is hereby denied. Applicant shall have the appeal rights set forth in Conclusion number 14 and as set forth in the Meridian Comprehensive Plan, on pages 62 and 63. ROLL CALL: Commissioner Eddy Voted y~ Commissioner Geisler Voted y~ Commissioner Ghenowith Voted yEA Commissioner Sweet Voted yFA Chairman Spencer (Tie Breaker) Motion for adoption of Findings of Fact and Conclusions: Approved Ar•T~ ~n Disapproved Mot".on to Deny Application to Amend the Comprehensive Plan: Approved PILL YEA Disapproved AM BROSE, FIT2GERgLO B CROO KSTON Attorneys onE Counselors P.O. Bos lTT MerlElen, IEeNo &7MR TelepNOns BBBW81 i:, _f ~ • BEFORE THE DIERIDIAN PLANNING AND ZOT7ID7G COT'IMISSION DOBARAN et al. ANNEXATION FINDINGS OF FACT APdD CONCLUSIONS The above entitled annexation having come on for consideration on January 24, 19II3, at the hour of 8:00 o'clock p.m., at the Peridian City Hall, 728 Meridian Street, Meridian, Idaho, and the Commission having held prior hearings and meetings and having heard and taken oral and written testimony and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of the special meeting on the anne}ration was duly published in the Valley News for one (1} issue; that notice of a public hearing on the annexation was published for two (2) consecutive weeks prior to the public hearing scheduled for November 8, 1982, the first of which publication was 15 days prior to the hearing; that the hearing on November 8, 1982 was convened but due to a lack oL a quorum and at the applicants request the matter was tabled until December 13, 1982; that notice of a public hearing on the matter was dul}> published for two consecutive weeks prior to the publir_ hearing scheduled for December 13, 1982, the first of which publication was 15 days prior to December 13, 1982; that additionally, a workshop was held on a connected Comprehensive Plan Amendment and this annexation on January 5, 1983, notice of which was published; that copies of all notices were made availble to newspaper, radio and television stations. 2. That the Planning and Zoning Commission (P & Z Comm.) AMBROSE, FITZG ERALD d CROOKBTON Attorneys eno Couneelon P.O. Box t17 Merlolen, IOeAo &'il~Y Telapnone BBB~MI received both oral and written testimony. r~:IBIT "B" P &Z t!,-_~"~".,iI_~rG 1/24/83 5 Paaes 3. That the property included in the Application for annexa- tion is described in the application, and by this reference incorporated herein; that the property generally lies between Eagle Road and Cloverdale Road and Franklin Road and Fairview Avenue, and abutts the Union Pacific Railroad. 4. That the property is adjacent and abutting to the present City limits; that it connects and abutts the City limits at its initial point for a distance of over 1500 feet; that all parcels included in the annexation rely on continuous abutting boundaries to meet the contiguous requirement; that no common boundary for any parcel is less than 100 feet. 5. That owners of all properties included in the application have petitioned and requested the City for annexation with the exception of the owners of that parcel number 5 which is railroad property and may be annexed by statute, parcel numbers 7 and 8 owned by Hollister, both which parcels are under five acres in size and may be annexed by statute, and parcel number 10 which is owned by Idaho Power Company and is less than five acres and may be annexed by statute. 6. That the annexation application was submitted by Alvin S. Marsden on behalf of all the petitioning owners; that the indivi- dual owners have requested annexation in their own right and each request is separate. All owners have requested annexation, except as mentioned in Finding number 5, but the following owners have not requested industrial zoning, contrary to the representation of D4r. Marsden, in fact, they have not requested any zoning: Dobaran, Cook, Sallaz, Spencer and Waugh. 7. That the property included in the annexation. is within the AMBROSE, FITZG ERALO A CROOKSTON Attorneys end Counselors P.O. Boa 121 MetlElen, Itlelw 83M2 Teleplrone 8881181 Area of Impact of the City of Meridian as adopted by Ordinance 319 but the Area of Impact has not been adopted by Ada County and Ada County has adopted the Area of Impact of the City of Boise which 5 • • extends one quarter mile west of Cloverdale Road which would in- clude a large portion of the area requested to be annexed. 8. That almost the entire area included within the annexa- tion is not included within the Urban Service Planning Area as the Urban Service Planning Area is defined in the 1978 Comprehensive Plan; that some of the land included in the annexation easterly of Eagle Road does abutt the Urban Service Planning Area boundary; that the Urban Service Planning Area boundary is not a definite line of demarcation. 9. That Alvin S. Marsden on behalf of Dobaran, et al. has filed an application for a Comprehensive Plan Amendment that would extend the Urban Service Planning Area to Cloverdale Road, which extension would cause this annexation to be in compliance with the Meridian Comprehensive Plan; that the Commission hereby takes judicial notice of the file and record on the application of Alvin S. Marsden on behalf of Dobaran, et al. for amendment to the Meridian Comprehensive Plan and the Findings of Fact and Conclu- sions and Decision made therein. 10. That since the amendment proposed by Mr. Dlarsden on be- half of Dobaran, et al. to the Comprehensive Plan has been denied, the area proposed to be annexed in this application is not in compliance with the Meridian Comprehensive Plan. CONCLUSIQNS 1. The City has authority to annex land. pursuant to 50-222, Idaho Code. 2. That all the land within the proposed annexation is con- AMBROSE, FITZG ERALD B CROOKSTON Attomaya ana Counaelora R.o. Bo:4zT Ma~ltllan, IEMo 83842 TelapMna BBB M81 tiguous to the present City limits of the City of Meridian, even though all parcels rely on a domino effect to meet the contiguous requirement; that is, if it were not for an adjacent parcel being contiguous, the next parcel would not be contiguous. 3. That the proposed annexation has been initiated by the petitioner, Alvin S. Marsden on behalf of Dobaran, et al., with consent and request by the various owners of the parcels, and. not at the initiation of the City, except for those parcels number 5, 7, 8 and 10; that the above parcels are, however, five acres or less in size for which consent is not necessary and which the City can annex without the owner's petition, or railroad property which can be annexed pursuant to Idaho Code, X50-222. 4. That the annexation is not a "shoestring" annexation in that there is no common boundary less than approximately 100 feet. 5. That the City can take judicial notice of governmental statutes, ordinances and policies. 6. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 7. That the Findings of Fact and Conclusions made in the application of Alvin S. Marsden on behalf of Dobaran, et al., for amendment to the Comprehensive Plan may be judicially noticed, and they are so noticed; further, they are incorporated herein as if set forth in full. 3. That due to the fact a conflict now exists between the Area of Impact of Boise, as adopted by Ada County pursuant to Idaho Code, §67-6526, and the Area of Impact of Meridian which has only been adopted by the City of Meridian and not by Ada County pursuant to the above statute, the jurisdiction of the City of. Meridian to plan for the area in conflict, let alone annex a part thereof, is in question and doubt, and prevents the Commission at this time from annexing this property until the conflict is removed AMBROSE, Or settled. FITZG ERALD B CROO KBTON Altomsys ln0 Couneslore P.O. Box 12T MttI01an, IGa~o 83814 Tslep~ona 8BB 1181 .:; • • 9. That additionally, the fact that there are over 800 acres o£ industrial property already within the City limits, most of whic is undeveloped and not in use and in closer proximity to the City, and the fact the existing Comprehensive Plan states that developrmen of industrial property within the City limits should receive the highest priority, dictate that the Commission cannot recommend the annexation of this property at this time. 10. That with the denial of the Comprehensive Plan Amendment, the annexation and the area included therein is not in compliance with the Comprehensive Plan, and, therefore, the annexation must be denied. The wording and interpretation of Idaho Coc?e, X67-6526 require the above in that it indicates that any annexed area must comply with the present Comprehensive Plan or with a subsequent but concurrent amendment allowing the annexation and its zoning. Since the Commission has seen fit to deny the amendment which would allow the annexation, the annexation must likewise fail. APPROVAL OF FINDINGS OF FACT AND CONCLi1SIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. Roll Ca 11 Commissioner Ec'..dy Voted yea_ Commissioner Geisler Voted 'Yea Commissioner Chenowith Voted _ Yea Commissioner Sweet Voted _ "y ea Chairman Spencer (Tie Breaker) Voted _ _ ` DECISION AND' RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council that this annexation request be denied based nMBROSE, upon the above Findings of Fact and Conclusions. FIT2GERALO B CROOKSTON Motion: A[tomaYn enE ~^~^~I~ Approved P.LL YEA P.O. Box ~R7 ` MehElan, loalio B3B/4 Telplwna BB6M81 Disapproved