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1986 09-08 • • A G E N D A MERIDIAN PLANNING & ZONING SEPTEMBER 8, 1986 ITEM: MINUTES OF THE PREVIOUS MEETING HELD AUGUST 11, 1986: (APPROVED) 1. FINDINGS OF FACT & CONCLUSION ON PROPOSED AMENDMENTS TO THE ZONING & DEVELOPMENT ORDINANCE. (APPROVED) 2. VACATION OF PLAT LOT #1, TIMOTHY SUBDIVISION: (APPROVED) MERIDIAN PLANNING & ZONING SEPTEMBER 8, 1986 Regular Meeting of the Meridian Planning & Zoning called to order by Acting Chairman Walt Morrow at 7:30 p.m. Members Present: Jim Johnson, Jim Shearer, Tom Cole: Members Absent: Bob Spencer, Moe Alidjani: Others Present: Steve Wherry, Dennis Kelly, Wayne Crookston, Gary Smith, Ronda Lowe: The Motion was made by Johnson and seconded by Shearer to approve the minutes of the previous meeting held August 11, 1986 as written: Motion Carried: All Yea: Item #1: Findings of Fact & Conclusions on proposed Amendments. to Zoning & Development Ordinance: Chairman Morrow, has the members read the Findings and are there any comments or questions? There was no response. The Motion was made by Cole and seconded by Shearer that the Meridian Planning & Zoning hereby adopts and approves the Findings of Fact and Conclusions as prepared: Motion Carried: Roll Call Vote: Johnson, Yea: Cole, Yea: Shearer, Yea: Morrow, Yea: The Motion was made by Cole and seconded by Johnson that the Meridian Planning & Zoning Commission hereby recommends. to the City Council that the Planning & Zoning Commission's proposed Amendments to the Zoning and Development Ordinances should be approved and adopted: Motion Carried: All Yea: Item #2: Vacation of Plat on Lot 1 Timothy Subdivision: Chairman Morrow, this section of Timothy Subdivision has been zoned Industrial as part of the Van Aucker Annexation and they are asking that the plat of this lot be vacated. It was explained to the Commission that under the Ordinances the Commission has to make a recommendation to the City Council to approve, disapprove or approve with conditions the vacation of a plat after which time there would be a Public Hearing held before the Council. The Motion was made by Shearer and seconded by Johnson that the Meridian Planning & Zoning Commission hereby recommends. to the City Council that the Vacation o£ the Plat of Lot 1, Timothy Subdivision be approved: Motion Carried: All Yea: MERIDIAN P & SEPTEMBER 8, ~86 PAGE # 2 The City Attorney and City Engineer were present to ask the Commission to consider amending the Zoning & Development Ordinance to include a provision that irrigation ditches either be fenced or tiled in a subdivision. The pros & cons of this item were discussed and it was the consensus of the Commission that this item be discussed further at a future meeting. Being no other business to come before the Commission the Motion was made by Shearer and seconded by Johnson to adjourn the Meeting at 7:50 p.m.: Motion Carried: All Yea: (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: WALT MORROW, ACTING CHAIRMAN ATTEST: 1 Ja~l~-Niem~.fin, City Clerk Mayor & Council P & Z Members Atty, Eng, Fire Police, Ward, Stuart, Mitich, Hallett Statesman, Valley News ACHD, NIMD, ACC CDH, ACC File (2) Mail (1) ~.. BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION PLANNING AND 20NING COMMISSION'S PETITION TO AMEND MERIDIAN ZONING ORDINANCE AND THE DEVELOPMENT ORDINANCE FINDINGS OF FACT AND CONCLUSIONS The above entitled Petition to amend the Meridian Zoning and Development Ordinance having come on for public hearing and the Planning and Zoning Commission having heard any and all testimony that was submitted and having duly considered the evidence, the facts judicially noticed and its own opinions and the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of the public hearing on the application was published for two (2) consecutive weeks prior to the said public hearing scheduled for August 11, 1986, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the August 11, 1986, hearing and was duly considered by the Planning and Zoning Commission; that copies of all notices were available to newspapers, and radio and television stations. 2. That the proposed amendments are as set forth in the Petition which is incorporated herein by this reference as if set forth in full hereat. That the general reasons and purposes set AB,BROSE, forth in the Petition for amending the Zoning Ordinance are to FIRGERALD B CROOKSTON Atlomsys ens DOYnMlorn P.O. Boa t2] MMB1Bn, MBM BBBIII T~4p~ons BBB M01 II • • AMSROSE, FITZGERALD B CROOKSTON AHOmays arM CounNrlon v.o. eo. rzT MxMbn, WN1o lSE/! TN~plan~!l6~NH allow the R-40, high density residential district in areas other than Old Town as set forth in the Meridian Comprehensive Plan; to allow lower density uses in areas which are zoned for higher density uses; and to clearly indicate that in the R-4, R-8, and R-15 residential districts that the garage area is not to be included in determining the maximum lot coverage as set forth in the Zoning Schedule of Bulk and Coverage controls. 3. That the Petition sets forth as the reasons and purposes for amending the Development Ordinances are to co-ordinate the City of Meridian's schedule of highway and street types with that of the Ada County Highway District. 4. That the amendments have been proposed by the Commission itself. 5. That at the public hearing held August 11, 1986, at 7:30 o'clock p.m. there was no public comment, either oral or written, on the application. 6. That there presently exists multi-family residential developments within the City which probably contain 40 or more dwelling units to the acre which developments are not in Old Town; that there are parcels of land outside of Old Town which are, or may be, suitable for development under the R-40 designation. 7. That there may be land presently zoned medium or high density residential which could be more feasibly developed at a lower density; that a change in the zoning ordinance which allows ~.. lower density development on a parcel having a higher density designation allows more flexibility in the residential zoning districts. S. That the current trend in lot sizes is to smaller lots; that if the 358 maximum lot coverage includes the garage, the size of house, particularly a single level house, is limited; that a 358 maximum lot coverage, not including the garage, would not interfere with aesthic value or lot line set backs. 9. That it is desireable to have the Ada County Highway District and the City of Meridian road specifications and designations identical. CONCLUSIONS 1. That the City has authority to amend its Zoning and Development Ordinances pursuant to Title 67, Chapter 65, Idaho Code, specifically Section 67-6511, Idaho Code, and Section 11-2-416 of the Zoning Ordinance and Section 11-9-614 of the Development Ordinance. 2. That all notices and hearing requirements set forth in Title 67, Chapter 65, Idaho Code and the Ordinances of the City of Meridian have been complied with. 3. That since the proposed amendments are proposed by the Commission, the technical requirements for an amendment application may be waived, and are hereby waived. 4. That the function of adopting, amending, or repealing AMSROSE, FITZGER~LD the text of a zoning Or development ordinance 15 a legislative ECROOKSTON ~ttarneys nlE CounNlrn P.O. ~.l17 MpI01Y1, MYa 89512 TNpta~ro BB&N81 ii • • AMBROBE, F1T2GERALD 6 CROOKSTON AKOmayt MIU DounMlon P.O. Box 1Y7 MsWMn, 1EYro B7M2 T~IpIgM BBBdMt function in that such does not pertain to any specific parcel or parcels of property; that the Local Planning Act of 1975 requires findings of fact and conclusions regardless of whether the function is legislative or quasi-judicial. 5. That the Commission may take judicial notice of governmental statutes, ordinances and policies, and of actual conditions existing within the City, County, and State. 6. That it is concluded that allowing the R-40 Residential District to be only located in the Old Town Area as designated in the Meridian Comprehensive Plan was too restrictive and that there are, or may be in the future, parcels of land outside of Old Town which should be developed under the R-40 standards; that the zoning procedures themselves are sufficient protection for protecting land which should not be developed under the R-40 standards. 7. That it is desireable that land be capable of actually being developed at a lower residential density than the zone with which the land is designated; that such leeway allows for more beneficial use of land and more efficient governmental controls; that in densities higher than R-15 or in commercial or industrial zones there may be more necessity to ensure that the development of a parcel meet the strict requirements of the zoning it carries. 8. That it is desireable to exclude the garage from the lot coverage when determining the maximum lot coverage so that a .,, .s, v ,.~. .. _.. "~ II • • larger house may be constructed on a smaller lot; such allows for a higher tax base. 9. That the proposed amendments are reasonable, desireable and in the best interest of the City of Meridian. 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 Morrow Voted Yt,~ Commissioner Alidjani Voted Commissioner Johnson Voted Commissioner Shearer Voted y 2A Commissioner Cole Voted `f~,(}_ Chairman Spencer (Tie Breaker) Voted RECOMMENDATION AMBROSE, FIRGERAlO B CROOKSTON ARwnry~rW Coumsbn P.O. Boz 177 MMEMn, WYq OMII T~Mgair MMMt The Meridian Planning and Zoning Commission hereby recommends to the City Council that the Planning and Zoning Commission's proposed Amendments to the Zoning and Development Ordinances should be approved and adopted. APPROVED~_ DISAPPROVED