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1988 02-09 A G E N D A MERIDIAN PLANNING & ZONING FEBRUARY 9, 1988 ITEM: MINUTES OF THE PREVIOUS MEETING HELD JANUARY 12, 1988: (APPROVED) 1: PUBLIC HEARING: ANNEXATION & ZONING REQUEST BY THE CHURCH OF LATTER DAY SAINTS: 2: FINDINGS OF FACT AND CONCLUSIONS OF LAW ON ANNEXATION AND ZONING REQUEST BY CHURCH OF LATTER DAY SAINTS. (APPROVED) 3: DARRELL CALHOUN: WILLIS & SONS PROPERTY: MERIDIAN PLANNING & ZONING FEBRUARY 9, 1988 Regular Meeting of the Meridian Planning & Zoning Commission called to order by Chairman Walt Morrow at 7:30 p.m.: Members Present: P4oe Alidjani, Jim Johnson, Jim Shearer, Charles Rountree: Others Present: Darrell & Chris Calhoun, Jim Lough, James Gipson, Rev. C. F. Huit, Steve Wherry, Lee Stucker, Wayne Crookston: The Motion was made by Alidjani and seconded by Shearer to approve the Minutes of the previous meeting held January 12, 1988 as written: Item #1: Public Hearing: Annexation & Zoning Request by the Church of Latter Day Saints: Chairman D4orrow: Is there a representative in the audience and if so would they come forward and state their name and be sworn by the City Attorney. Mr. James Gipson, 82 East State St, Eagle, Idaho, the project Architect Gipson was sworn by the City Attorney. Gipson: This property is approximately at Cherry Lane & Ten Mile a bit South on Ten Mile. The property is surrounded on three side by property which is currently in the City Limits. The Church presently owns the property and wish to develop it as a normal church facility, similar in many respects to other facilities that the church has built in the area. There will be two wards going to this new facility and will serve basically people who already live in the area, there is sufficient number of church members in the area that there is a need for this facility. The church will be a one story building, with a classroom area upstairs, it is a standard type of plan similar to many others which have been built. The exterior will be brick with metal soffet and faci and a concrete the roof. The building will be surrounded on three side with parking, a way in, a way behind the church and a way out. The size of the parcel is five acres, the front 2z acres will be used for the facility and the back 2~ acres used for recreational purposes. There will be no outside lighting proposed for the recreat- ional area. We have investigated the possiblity of services to the site and we propose to extend the 10" water line to the property from Cherry Lane and install the necessary fire hydrants. At this time the property is not serviced by the sewer however, there is plan to extend the sewer to serve this property and it would be the desire of applicant to do that if it can be made available at this time. We do not know the answer to that at this point in lieu of that a septic system would be proposed for the church on an interim basis, we have worked with the Health Department on those possibilities and the amount of affluent we would anticipate to be discharged would be about 7000 gallons per month. We have visited with the Fire Department and are not aware of any unusual requirements. We are aware of the Highway District requirements and will meet those requirements. Chairman Morrow: Are there any questions of the Commission? MERIDIAN PLAN~G & Z~NG • • FEBRUARY 9, 1 PAGE # 2 Johnson: I really do not have any questions of Mr. Gipson, just a clarification on the City Engineers comments, on #4 he suggests the applicant work with Mr. Stucker and Ben Fran to extend the sewer from the existing lines. I would like to know what he means. It was explained that this property could be sewered from two diff- erent locations and it might be well for the church to contact these people to see if something could be worked out for them to share in the cost. Johnson: The other item is irrigation water in respect to the recre- ation area. Morrow: This refers to that maybe they should have a surface well for this purpose rather than using City Water. Gipson: This is the intent of the applicant to have a small irrigation well for the recreational area. Rountree: How many members would be served by this facitity? Gipson: Approximately 800, 400 per ward. Chairman Morrow: We will n in the audience who wishes There was no response, the comments by the Commission Members, you have Findings wish to take? ~w open the Public Hearing, is there anyone to offer testimony on this application? Public hearing was closed. Are there any Members? There were none. Commission of Fact before you, what action do you The Motion was made by Shearer and seconded by Alidjani that the Meridian Planning & Zoning Commission hereby adopts and approves the Findings of Fact and Conclusions as prepared by the City Attorney on this application. Motion Carried: Roll Call Vote: Rountree, Yea: Shearer, Yea: Johnson, Yea: Alidjani, Yea: Morrow, Yea: The Motion was made by Shearer and seconded by Alidjani that it is hereby recommended to the City Council that the property should be annexed and zoned R-4 Residential and the Conditional Use Permit be granted under the conditions stated in the Findings of Fact and Conclusions of Law and those investigated and set forth by the City Council: tdotion Carried: All Yea: Item #2: Darrell Calhoun: Willis & Sons Property: Chairman Morrow: Mr. Calhoun is here for a general discussion on the former Willis & Sons Lumber Company property. Mr. Calhoun would you come forward and tell us what you want to do? Calhoun: I am in the process of trying to aquire the Willis & Sons property located on East Third and I want to know what the Planning & Zoning Commission feeling is concerning what',;I would like to use MERIDIAN PLAN G & Z~NG FEBRUARY 9, 1~ PAGE # 3 the property for. Most of you know I am an auctioneer and I want to hold auctions there and also use the retail space of the facility as a retail outlet. Alidjani: How often do you plan on holding auctions there? Calhoun: Four or five per month, probably on Saturdays. Johnson: What are the facilities for parking, I understand there is a vacant lot nearby, is that part of it? Calhoun: The vacant lot across the street is not part of this proposed purchase, it is just the main building, as far as the parking, you have parking in front, parking across the street and some parking along the South side. Johnson: This would accomodate how many cars? Calhoun: I would have to measure it off. Johnson: The retail store, that would be open during the week? Calhoun: That would probably be open 5 to 6 days a week. Aldjani: Would this be similiar to what they used to do, have a varity of items? Calhoun: Yes as far as the retail, it would be various items, we do quite a few liquidations which is what the retail would be. Alidjani: The things you had for sale, would they be inside the premises or would you have it out? Calhoun: No, everything would be done within the perimeter of the property. Johnson: Would there be any additional need for signage? Calhoun: There is basically no signs on the property at this time, I would probably want to put a sign on two sides of .the building. Alidjani: Would you follow the City Ordinance's as far as the signs go? Calhoun: Yes: Alidjani: I would just like to make a comment, I have been in this area several times and there is plenty of parking on the East side of the building and also on the South side and I do not see this as a problem at this time. Rountree: Would you anticipate much storage of merchandise? Calhoun: Yes, in the back building on the west side of the property would be primarily storage. FEBRUARX 9LAi~G & Z~NG • • PAGE # 4 Rountree: How about out in the open in the general yard area? Calhoun: No, you can not leave to much of the type of merchandise we deal with out in the open most everything would be under cover. There might be an occasion where we had a vehicle or a boat, something like that we had picked up for a bank and very seldom we hold any merchandise over 30 to 40 days. This would be the only time some- thing would be outside. City Attorney: We have had some problems with unsightlyness of the area recently I can not remember whether there is an open area there that would need to be fenced or something like that, what is the situation there? Calhoun: There is very little open area on the property most of it is covered by the building, there is probably an area approximately 100 feet by 50 feet that is chain link fenced and that is the only open area and that is to the Bower Street side. City Attorney: That is in Old Town isn't it, they would need a Conditional Use Permit? City Clerk: I did not really have a problem with the retail & storage but had some question on the auction and that is why I had Mr. Calhoun come to the meeting to get the Commission's imput and feeling on this use. Calhoun: The Conditional Use is one thing we had hoped would not be necessary, we have been negotiating with the bank and they are wanting to close on this property by the end of the month if possible. Morrow: I might make a suggestion that you consider screening the chain link fence with slatting of some sort. Calhoun: I would not have a problem with that. Morrow: The other thing I would have that is a major concern is the amount of traffic if it is like the Main Auction in Boise it is tough to get around. The question I have is how do you anticipate solving the parking problem so they do not impact the neighborhood, the residential and any other businesses. Calhoun: The only other business that is open on Saturday in that area would be down on Bower & Meridian Street which is D&D Feed. As far as residential there is one house on the Southeast corner of Bower & East Third Street and if it was necessary and we had a problem there I would be more than willing to work with the owners of that property, even if we had to do signage or etc. to solve the problem. There is also one. half block on the west side of East third along the vacant lot. If everything go right and we get started I hope to aquire the vacant lot across the street also. Johnson: I have one other question, are you considering any type of restaurant operation there? Calhoun: Yes, eventually of use anything we set up will have to be MERIDIAN PLANG & Z~NG • • FEBRUARY 9, 1 PAGE # 5 inspected by the Health Department even if we use a temporary eating stand those have to be graded by the Health Department, I would not have one at my facility without it being inspected due to the lia- bility. There is a possibility prior to winter we would want to put lunch counter type situation in there. Johnson: That would impact the Old Town Conditional Use requirement wouldn't it? Attorney: Yes, that would be a change of use. It seem to me the key question Mr. Calhoun is looking at is whether or not this Commission feels that the change of use is sufficient enough to require that he go through the Conditional Use Permit. The retail use is not so much different than was there before, it is the auction use that the City Clerk & Mr. Calhoun are looking for Commission imput on it sounds like. Under our present Ordinance if it is a similiar use the Zoning Adminstrator can approve it, if it is not he has to request imput as to whether it should go through the Conditional Use Permit process. Chairman Morrow: I do not personally see that it is that big of a difference, it seems to me if the prior business had been successful the traffic volume would be up substantially on a day to day basis probably comparable to what his one day a week is going to generate. I do not see that it is a real radical change in use. Alidjani: I am of the same opinion as Mr. Morrow, I went over there today and drove around and he has plenty of parking space on the East side and the South side and I am sure that if he wishes to he can talk to Mr. Wilkins ,:the Blacksmith and arrange for more parking. Calhoun: I did talk to Mr. Wilkins and if I clean up the property and such, I could probably use some of his area for additional park- ing. If it b~come~ a problem this is one alternative. Johnson: I have a question, I do agree with what has been said, I think it is a suitable spot for an auction, I do not have a problem with that part of it, but if we put ourselves in a postiion of not requiring the Conditional Use Permit approval what are our recourses at a later date if we get complaints and there are violations with respect to the change. This is the only thing I would be concerned about. City Attorney: Without going through the Conditional Use Permit procedure of course there would be no conditions on the use as he has presented, so there would be no specific controls over his proposal however if he changes the use then he may be required to come back for a Conditional Use Permit. Johnson: Who makes that judgement is my question?. City Attorney: It is initially up to the Zoning Adminstrator and then would come back to the Commission on whether or not it is a sufficient change of use to require a Conditional Use Permit. The restaurant specifically would be sufficient change to require the permit. MERIDIAN PLAN~G & Z~NG FEBRUARY 9, 19 8 PAGE # 6 • Shearer: I think all my questions have been answered and i certainly do not have any problem with this. Rountree: I have no problem with this. Chairman Morrow: Mr. Calhoun does that answer all your questions? I think basically what we have just told you is that you will not have to go for the Conditional Use Permit process through normal channels. Being no further business to come before the Commission the Motion was made by Shearer and seconded by Rountree to adjourn the meeting at 7:45 p.m.: Motion Carried: All Yea: (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: WALT MORROW, CHAIRMAN ~k Niemann' City Clerk Mayo & Council P Z Members Afty, Eng, Fire Police, Ward, Stuart Gass, Hallett, Mitich Valley News, Statesman ACHD, NIMD, CDH, ACC Settlers, Irrg. Mail (2) File (2) BEFORE THE MERIDIAN PLANNING AND 20NING COMMISSION LDS CHURCH ANNEXATION AND ZONING WITH CONDITIONAL USE PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS AM RROSE, FITZG ERALD E CROOKSTON Attorneys and Counaelora P.O. Roz dZ] MarlElan, IGaha 838d2 Telephone BB&Nei The above entitled annexation, zoning and conditional use application having come on for consideration on February 9, 1988, at approximately 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Commission having heard and taken oral and written testimony and the applicant appearing and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of the public hearing on the annexation, zoning and conditional use was published for two (2) consecutive weeks prior to the said public hearing scheduled for February 9, 1988, the first publication of which was 15 days prior to said hearing; that the matter was duly considered at the February 9, 1988 hearing; that copies of all notices were made available to newspaper, radio and television stations. 2. That the property included in the Application for Annexation and Zoning is described in the application, and by this reference is incorporated herein; that the property is approximately 5 acres in size; it is South of Cherry Lane; it has direct access to Ten Mile Road. 3. The property is presently zoned by the county agriculturally AP-2 (Agriculture/Urban Expansion) and the present use is the same. 4. That the property to the South is vacant land which is not in the Meridian City limits; the property to the East is vacant land zoned R-4 by the City; the property to the North is vacant land zoned R-4 by the City; the property to the west is a residence and vacant ground. 5. That the property is adjacent and abutting to the present City limits and in fact is surrounded by the City except on the South. AMBROBE, FITZG ERALD B CROOKSTON Attorneys and Counselors P.O. Box 4ZT MarlClen, IOaho B38K2 Telephone BBB~aa81 6. The Applicant is the owner of the property. 7. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 8. 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 Meridian Comprehensive Plan; that the property is in the Warrior Neighborhood as designated on the Policy Diagram contained in the Comprehensive Plan. 9. That the Application requests that the parcel be annexed and zoned R-4 Residenital and receive a conditional use; that there is no present use of the property other than vacant ground; that the Applicant indicated that the intended development of the property was for a church for which a conditional use is required in the R-4 zone. • 10. That the Applicant did submit a request for a conditional use for development. 11. That if the land were annexed at this time the City would be obligated to provide, at a minimum, police and fire protection services. 12. That there was no testimony from the public objecting to the Application. 13. That the property can be serviced with City water but sewer would have to be handled on site or Applicant would have to extend sewer lines more than 300 feet. 14. Ada County Highway District and the Department of Health submitted comments and such are incorporated herein as if set forth in full. 15. That the Central District Health Department submitted comments which are incorporated herein as if set forth in full. 16. That the City Engineer submitted comments which are incorporated herein as if set forth in full. 17. That the R-4 zone is described in the Zoning Ordinance 11-2-408 B.l, as follows: AMBROB E, FITZG ERALD S CROOKSTON Attomeye antl Counseiora P.O. Bos d2] Metltlian, Itleho B3B/2 TBlephoMB8BJ~81 (R-4> Low Density Residential District: The purpose of the (R-4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominately residential development has, or is likely to occur in accord with with the Comprehensive Plan of the City, and to pro- tect the integrity of residential areas by prohibiting the intrusion of incompatible non-residential uses. The (R-4) Distirct allows for a maximum of four (4) dwelling units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian. AMBROSE, FITZG ERALD B CROOKSTON Attorneys and Counselors P.O. Box L2] MerlElen, l0eno 8382 TelepMne BBB-N81 18. That Section 11-2-409 B provides that churches are allowed conditional uses in the R-4 zone. 19. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been given and met. 20. That the Applicant has submitted petitions signed by at least 758 of the people owning property within 300 feet of the external boundaries of the property indicating their approval of the property as requested by the Applicant. CONCLUSIONS 1. That the City has authority to annex land pursuant to 50-222, Idaho Code and authority to grant conditional uses pursuant to 67-6512, Idaho Code and Section 11-2-418(D) of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a Legislative function. 2. That the Planning and Zoning Commission has judged this annexation, zoning and conditional use application by the guidelines, standards, criteria, and policies contained in Section 50-222; Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, Meridian Comprehensive Plan as amended February 19, 1985, and the record submitted to it and things of which it can take judicial notice. AMBROSE, FITZG ERALD B CROOKBTDN A~~orneys entl Counaelora P.O. Box 62] Meridian, Idea 83862 TelePNOne BBBd681 3. 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. 4. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 5. That the land within the proposed annexation is contiguous 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 the Applicant, with consent of the owners, and the annexation is not upon the initiation of the City of Meridian. 7. That since the annexation and zoning of land is a III legislative function the City has authority to place conditions ! upon the annexation of land and that the City of Meridian has authority to place conditions on a conditional use permit and the ~ use of the property pursuant to 67-6512, Idaho Code, and Section 11-2-418(D> of the City Zoning Ordinances. 8. That 11-2-418(C) of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area, the Planning and Zoning Commission preliminarily concludes as follows: The use, would in fact, constitute a conditional use and a conditional use permit would be required by AM BROSE, F1T2G ERALO &CROOKSTON ALLOmeys and CiOUlbBbli P.O. BoK 627 MehElan, IEa~o 87812 Telephone 8881181 ordinance. b. The use would be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the same. c. The use apparently would be designed and constructed, to be harmonious in appearance with the intended character of the general vicinity. d. That the use should not be hazardous nor should it be disturbing to existing or future neighboring uses. e. The property has water service available and sewer will have to be provided for. f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community. g• The use would not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. h. Sufficient parking for the property and the proposed use must be provided. i. The development and uses will not result in the AMBROSE, FIRGERALD 6 CROOKSTON Attorneys uM Counselors P.O. Bos,Z7 Msritllsn, IdNo NNY TNepswu BB&sel7 destruction, loss or damage of a natural or scenic feature of major importance. 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616 which pertains to development time schedules and requirements; that the applicant should be required to connect to Meridian water and provide sewer on site until such time that sewer lines come within 300 feet of the external boundaries of the site; that the property will be subject to Site Planning Review. 10. That proper and adequate access to the property is available but will have to be improved to allow the proposed development. i 11. That it is concluded that the annexation, zoning and conditional use would be in the best interests of the City of Meridian. 12. Therefore, based on the Application, the testimony and evidence, these Findings and Conclusions, and the Ordinances of the City of Meridian, it is ultimatley concluded that Applicant's property should be annexed and zoned as requested and the conditional use granted; that the conditions should be those stated above and upon issuance of final platting or issuance of a building permit and other conditions to be explored at the City Council level; that such annexation would be orderly development and reasonable if the conditions are met. . . 13. That due to the fact that these findings and conclusions were prepared prior to hearing they may have to be altered, changed or amended after the hearing, APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL Commissioner Rountree Voted lr~~- Commissioner Shearer Voted iPg-- Commissioner Johnson Voted-rfy~~ Commissioner Alidjani Voted YC>f~. Chairman Morrow Voted JP RECOMMENDATION AMBROSE, FITZGERALD B CROOKSTON Attomsys MlE Countelon P.O. Bor s47 Ms~Mlen, MMro BJMY TabpnwNESSJMI It is hereby recommended to the City Council that the property should be annexed and zoned R-4 Residential and the conditional use be granted under the conditions stated hereinabove and those investigated and set forth by the City Council. MOTION: APPROVED ~~` Ca DISAPPROVED