1986 06-09
A G E N D A
MERIDIAN PLANNING & ZONING
JUNE 9, 1986
ITEM
MINUTES OF REGULAR MEETING HELD MAY 12, 1986: (APPROVED)
MINUTES OF SPECIAL MEETING HELD MAY 28, 1986: (APPROVED)
1. FINDING OF FACT AND CONCLUSIONS ON MICHELS REQUEST FOR
ANNEXATION & ZONING: (APPROVED)
2. PUBLIC HEARING: ANNEXATION & ZONING REQUEST BY C & O CONSTRUCTION:
(ATTORNEY TO PREPARE FINDINGS)
MERIDIAN PLANNING & ZONING JUNE 9, 1986
Regular Meeting of the Meridian Planning & Zoning called to order by
Chairman Bob Spencer at 7:30 p.m.:
Members Present: Walt Morrow, Moe Alidjani, Jim Johnson, Tom Cole:
Others Present: Stan Olsen, Steve & Glenn Michels, Mr. & Mrs Harry Hazen,
Bill Nary, Bob Wherry;
The Motion was made by Morrow and seconded by Cole to approve the Minutes
of the previous meeting held May 12, 1986 as written:
Motion Carried: All Yea:
The Motion was made by Morrow and seconded by Alidjani to approve the
Minutes of the Special Meeting held May 28, 1986 as written:
Motion Carried: All Yea:
Item #1: Findings of Fact & Conclusions on Michels request:
Chairman Spencer, are there any comments or questions on the Findings?
There were none.
The Motion was made by Johnson and seconded by Morrow that the Meridian
Planning & Zoning Commission hereby adopts and approves the Findings
of Fact and Conclusions as prepared on the Michels request for Annexation
& Zoning.
Motion Carried: Roll Call Vote: Cole, Yea: Shearer, Absent; Johnson, Yea;
Alidjani, Yea; Morrow, Yea:
The Motion was made by Johnson and seconded by Morrow that it is hereby
recommended to the City Council that Lots 1 & 2 should be conditionally
annexed and zoned C-G, General Retail and Service Commercial; that Lot
3 should be annexed and zoned C-G, General Retail & Service Commercial,
provided the covenants of Doris Subdivision are amended to allow this
lot to be Commercial: that the conditions of annexation should be
investigated and discussed by the City Council.
Motion Carried: A11 Yea:
Commissioner Shearer arrived at this time:
Item #2: Public Hearing: Annexation & Zoning request by C & 0 Construction:
Chairman Spencer, this is a Public Hearing and the hearing will be conducted
under the rules of City Ordinance #446: I will now open the Public Hearing.
Is there someone present to represent this Request:
Mr. Stan Olsen, 1117 13th Ave South, Nampa, Idaho:
Mr. Olsen was sworn by Chairman Spencer:
MERIDIAN P & Z• •
JUNE 9, 1986
PAGE # 2
We are planning on a medium to higher income retirement home on this
property, we have found that there is a lack of this type of unit in
this area and the residents now have to either go to Nampa or to
Boise for this type of residence. Meridian is centrally located for
this type of facility. We believe behind the Cherry Plaza is a good
location for this facility as it has good access to the shopping as
well as the downtown area. We would like to put a medium type center
on this property. We have been investigating what type of housing
would fit on that land, high rise, low rise or cottage type. We need
the higher density there to be able to get enough on the property to
make it financially feasable. We have found there is lot of people that
need this type of housing who want to move out of their homes and it
is just not available. We have a lot of people wanting into the
Golden Towers in Nampa and that is not as nice of facility as we are
planning. They are willing to pay in the price range of $300.00 to
$600.00. We have broke the facility down into two segments trying
to find the best ratio of property to building. One unit to be built
and if that was successful than the other unit would be built. We plan
on incorporating the stream into the landscaping.
Alidjani, are you planning on two stories?
Olsen, we propose up to five stories. The facility would be fully sprink-
eled, there is a problem with fire rescue, if the Fire Chief and the
City would, we have a scheme proposed that we might put the two together
and have an escape route from one building to the other, in other words
to have a free gap of forty feet to hit the other building and it is the
same as going to a public rightway. We are also seriously considering
with help to the City for a unit. This is one of the options we would
propose but this is a balancing game whether it would be feasible .
Alidjani, how many units are you proposing?
Olsen, anywhere from sixty to one hundred and twenty.
Johnson, do you have any drawings of what you are proposing?
Olsen, I just have some different schemes of layouts we are investigating.
Mr. Olsen showed the Commission the different layouts they were thinking
about. There was discussion on where the first unit would be built.
Alidjani, what do you have for ingress and egress?
Olsen, we have negotiated for entrance with extension of 2; Street and
we have a 30 foot deeded strip behind the mall. We are also negotiating
with the people to have access off of Meridian Road and also the possib-
ility of coming down the East side of the mall on that property. We plan
on having parking space for the people who have RV'S that are residents.
There was more discussion on the different layouts. A ladder truck would
be needed if the five stories was built, we would put .balconies on each
unit, five stories would be approximately forty feet high.
There was discussion on the access to this property.
Olsen, this project is conceptual at this time, it looks very good but
we are coming up to the point where if we obtain the zoning approval
MERIDIAN P & Z• •
JUNE 9, 1986
PAGE # 3
and other necessary items we can proceed with detail drawings.
Chairman Spencer, is there anyone else present who wishes to testify
in this matter? There was no response. The Public Hearing was closed.
Chairman Spencer advised the Commission at the present time they are
talking about a PUD where streets are not dedicated and the City as
well as the developer has some flexiblity.
Alidjani, advised he would like to see more detail on this project.
There was discussion on the deeded easement behind Cherry Plaza, also
the problem of fire protection for this type of unit.
Chairman Spencer, if the Commission is going to do something, it should
be contingent on the fire problem and making sure there is more than one
access to the property.
Morrow, I do not feel it is fair to make the applicant bring more details,
either you approve it conceptually or you disapprove the project. The
point of it is with this type of project to get what you are asking they
could spend 10 to 15 thousand dollars in design fees, then they do not
know whether they would be approved or not.
Cole, the concept of approving something like this with the possibility
of 120 units with only one guaranteed access to it that is a lot of
traffic to be coming out of one spot. If you have two of them, one on
both ends then that is no big deal.
It was decided that this was something that could be addressed in the
Findings of Fact and Conclusions that conditions covering these items
could be included.
The Motion was made by Johnson and seconded by Shearer to have the City
Attorney prepare Findings of Fact & Conclusions on this application with
no recommedation at this time.
Motion Carried: All Yea:
Being no further business to come before the Commission the Motion was
made by Cole and seconded by Alidjani to adjourn at 7:50 p.m.:
Motion Carried: All Yea:
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVE,. '
~ ~ ~
R.C. ^NC R, CHAIRMAN
pc: Mayor & Council Mitich, Hallett
P & Z Member Valley News
Atty, Eng, Fire, Statesman
Police, Ward, Stuart ACHD,CDH,ACC,
NIMD, ACZ
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
MICHELS ANNEXATION AND ZONING
FINDINGS OF FACT AND CONCLUSIONS
The above entitled annexation and zoning application having
come on for consideration on May 12, 1986, at approximately 7:30
o'clock p.m. on said date, at the Meridian City Hall, 728
Meridian 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 and
zoning use was published for two (2) consecutive weeks prior to
the said public hearing scheduled for May 12, 1986, the first
publication of which was 15 days prior to said hearing; that the
matter was duly considered at the May 12, 1986 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 a
AMBROSE,
EITZOERALD
B CROOKSTON
Attorneys entl
C.OYneelOfe
P.O. BOt<127
MerltllAn, Itle~o
89812
TelepNOne 888-NB1
part of Doris Subdivision, a residential subdivision developed
basically in an R-4 fashion; that the property abutts residential
lots on the North, Fairview Avenue on the South; some commercial
and residential on the East and some commercial lots on the West
and consists of approximately three (3) acres of land.
3. Lots 1 and 2 are presently zoned by the county C-2
which is a commercial zone; Lot 3 is zoned R-8 by the county
which is a residential zone.
4. The protective covenants of Doris Subdivision indicate
that all lots in the subdivision are to be used for single-family
residences except for those lots and land adjacent to Fairview
Avenue and 181 feet north thereof.
5. The lots adjacent to Lot 3 on North and East are used
for residential purpose.
6. That the property is adjacent and abutting to the
present City limits.
7. That the petitioners are the owners of the property.
8. That the property included in the annexation and zoning
application is within the Area of Impact of the City of Meridian.
9. 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 North Curve Neighborhood as designated on
the Policy Diagram contained in the Comprehensive Plan.
10. That the Application for annexation requests that the
AMBROSE,
FITZG ERALD
S CROOKSTON
Attorneys entl
Counselore
P.O. Boz 02]
Mentllen, IENo
838/2
TelepNOna 888 ue1
AMBROSE,
FITZGERALO
B CROOKSTON
Attorneys entl
Counselors
P.O. box 12T
Merltllen, Itlaho
B381Y
Telephone 888-1181
parcel be annexed and zoned C-G, General Retail and Service
Commercial; that there is no present use of the property other
than vacant ground; that the Applicant indicated he had no
immediate development plans for the property.
11. That the proposed use of the property apparently, would
be to develope the property for some type of commercial use.
12. That if the land were annexed at this time the City
would be obligated to provide, at a minimum, police and fire
protection services.
13. That the City has in the recent past conditionally
annexed and zoned property conditioned upon final platting and
commencement of construction of sewer and water and other
reasonable conditions.
14. That two owners of residences abutting Lot 3 of the
subject property testified objecting to the use of Lot 3
commercially; the fact that the Doris Subdivision Protective
Covenants prohibited commercial uses north of 181 feet of
Fairview was brought out and they testified that a commercial use
would not be beneficial to or conform to their present
residential uses.
15. That two other persons who were not owners of lots in
Doris Subdivision testified in favor of the Application.
CONCLUSIONS
1. That the City has authority to annex land pursuant to
AM BROSE,
FI72GERALD
B CROOKSTON
Attomeya ana
Counaelora
p.o. Box 02y
Meaalan, laano
lusaz
Tslsplwl» BBBd~BI
50-222, Idaho Code; that excerise of the City's annexation
authority is a Legislative function.
2. That the Planning and Zoning Commission has judged this
annexation and zoning 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.
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 Petitioner, who are the owners, and the annexation is not
upon the initiation of the City of Meridian and therefore the
five (5) acre limitations do not apply.
7. That since the annexation and zoning of land is a
legislative function the City has authority to place conditions
upon the annexation of land.
8. That since Lots 1 and 2 are adjacent to other presently
zoned and commercially used lots, front on Fairview Avenue, and
are not restricted by the Doris Subdivision Covenants, it is
concluded that those two lots should be annexed and zoned C-G.
9. That since Lot 3 is restricted by the Doris Subdivision
covenants from commercial uses and two lot owners of Doris
Subdivision objected to the use of that lot for commercial
purposes, it is concluded that Lot 3 should be annexed and zoned
R-4 which is the zone most similar to how the rest of Doris
Subdivision is developed.
10. That the Protective Covenants do not restrict the City
from zoning or rezoning property in a fashion contrary to the
allowed uses contained in the covenants; however, where there are
protective covenants which are contrary to a proposed zoning or
rezoning the City, as a policy, should not disturb the status quo
of the allowed uses and put owners in a conflict of use situation
that does not otherwise exist; this is true specifically where
there are no immediate plans for development and no overriding
public benefit to the changed use which is contrary to the
Protective Covenants; that when land is purchased in reliance on
protective covenants and the justification for any particular
restriction remains valid, the City should not adopt a zoning
contrary to the restriction unless there is an overriding public
benefit.
11. It is noted that the Doris Subdivision covenants allow
an amendment to the Covenants upon a majority authorization. It
AM BROSE,
F1T2G ERALO
B CROO KSTON
Attorneys an0
Counselors
P.O. Boz as]
Merltlbn, ItlNio
B38at
TslePliona BBBds61
is concluded that if the covenants were amended allowing
commercial use of Lot 3, the Commission would recommend the
requested C-G zoning to the City Council for Lot 3; however,
conditions would have to be placed on any commercial use, such as
screening and landscape buffers to decrease the impact on
surrounding residences.
12. 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 sewer lines and extend such to
the development at its own cost; that the property will be
subject to Site Planning Review.
13. That it is concluded that the annexation would be in
the best interests of the City of Meridian if the land was going
to be immediately developed.
14. Therefore, based on the Application, the testimony and
evidence, these Findings and Conclusions, and the Ordinances of
the City of Meridian, it is ultimately concluded that Applicant's
property should be conditionally annexed; that Lots 1 and 2
should be zoned C-G, General Retail and Service Commercial; that
Lot 3 should be zoned R-4 Residential; that the conditions should
be explored at the City Council level; that such annexation would
be orderly development and reasonable.
AMBROSE,
FIT2GERALD
B CROOKSTON
Altomeyf entl
Couneeloro
P.O. Bok ART
M..im.n. ia.no
Bx~x
TsIaONOne BBBMB7
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 Cole Voted~~s
Commissioner Shearer Voted
Commissioner Johnson Voted
Commissioner Alidjani Voted~.r
/
/
Commissioner Morrow Voted
e
/
Chairman Spencer (Tie Breaker) Voted
RECOMMENDATION
AMBROSE,
FIRGERAID
B CROOKSTON
Allorneys enn
Couneelora
P.O. eo. l2]
Merl0len, IUeNo
8381Y
TelapAOna BB6M81
It is hereby recommended to the City Council that Lots 1 and
2 should be conditionally annexed and zoned C-G, General Retail
and Service Commercial; that Lot 3 should be annexed and zoned
R-4, Residential; that the conditions of annexation should be
investigated and discussed by the City Council.
MOTION:
APPROVED:1~o~ DISAPPROVED: