1986 02-10~ ~ ~ ~ ~ ~
A G E N D A
MERIDIAN PLANNING & ZONING
FEBRUARY 10, 1986
ITEM:
MINUTES OF PREVIOUS MEETING HELD JANUARY 13, 1986: (APPROVED)
1. PUBLIC HEARING, ANNEXATION & ZONING OF 30 FOOT STRIP BY TERTELING
TRUST # 7: (RECOMMENDED APPROVAL BY CITY COUNCIL)
2. FINDINGS OF FACT AND CONCLUSIONS ON PROPOSED AMENDMENTS TO THE
ZONING & DEVELOPMENT ORDINANCE: (RECOMMENDED APPROVAL BY CITY COUNCIL)
•
,~~nunARY 10, 198
Meeting called to order by Chairman Bob Spencer at 7:30 p•Tn•'
Members Present: Walt Morrow, Jim Johnson, Jim Shearer, Tom Cole,
Moe Alidjani arrived at 7:35 p•m "
Others Present: Steve Wherry, Wayne Crookston, Ronda Lowe:
Morrow and seconded by Cole to approve the minutes
held January 13, 1986 as written:
The Motion was made by
of the previous meeting
Motion Carried: All Yea: Request for Terteling Trust
Item #1: Public Hearing, Annexation & Zoning
#~` ro erty on the West
this is a thirty foot thatphad notpbeen previously
Chairman Spencer, Trust property
Boundry of the Terteling ro ert contiguous to the
annexed and this annexation willroaerttheThispis a Public Hearing and
property West of the Terteling p P y~
the Hearing will be conducted under the rules of City Ordinance #446:
Are there any questions of the Commission? There was no response. I
will now open the Public Hearing: Is there anyone present who wishes to
testify in the matter? There was no response, Public Hearing was closed:
The Motion was made by Morrow and seconded by Shearer that the Meridian
Planning and Zoning Commission aredbb aahetCitydAttorneys the Findings
of Fact and Conclusions as prep Y
Motion Carried: Roll Call Vote: Cole, Yea: Shearer, Yea: Johnson, Yea:
Morrow, Yea:
The Motion was made by Morrow and seconded by Cole that it is hereby
recommended that Applicant's property be annexed and zoned C-G, provided
the City Council approves of a variance from 11-2-408 8; that the Appli-
cant be required to meet the requirements of the Ada County Highway
District and the Central District Health Department; that development
be subject to Site Planning Review; that a long term agreement on sewer
and water be encouraged between the Applicant, the City and the Meridian
Sewer and Water District; and that the property be subject to the Ordin-
ances of the City of Meridian:
Motion Carried: All Yea:
Item #2: Findings of Fact on Amendments to the Zoning & Development
Ordinance:
Spencer, any questions of the Commission?
Shearer, is there a way we can separate these proposed amendments and
act on them -one at a time, I do not agree with the proposed amendment
to the fence r~yulations. It appears there are no restrictions in the
Ordinance at this time for fence highth in Commercial and Industrial
Zoned property and this is putting on more restrictions with the 8 foot
MERIDIAN P & Z ~ • • •
FEBRUARY 10, 19
PAGE # 2
in the Commercial & industrial Zones. There was additional discussion
on this item;
The Motion was made by Morrow and seconded by Cole that the Meridian
Planning and Zoning Commission hereby adopts and approves the Findings
of Fact and Conclusions prepared by the City Attorney:
Motion Carried: Roll Call Vote: Morrow, Yea: Alidjani, Yea: Johnson, Yea
Shearer, Yea: Cole, Yea:
The Motion was made by Shearer and seconded by Cole that the Meridian
Planning and Zoning Commission hereby recommends to the Meridian City
Council that the Planning and Zoning Commission's proposed Amendments
to the Zoning and Development Ordinances should be approved and adopted:
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 8:00 p.m.:
Motion Carried: All Yea:
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
BOB CER, CHAIRMAN
Mayor & Council
P & Z Commission
Atty, Eng, Fire
Police, Ward, Stuart
Mitich, Hallett, Kiebert
ACHD, ACC, ACZ, NIMD
CDH
Mail (1)
File (2)
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
THE TERTELING TRUST #7 ANNEXATION AND ZONING
FINDINGS OF FACT AND CONCLUSIONS
AMBROSE,
FITZGERALO
6 CROOKSTON
Attorneys end
Counseloro
P.O. SOS 12]
Merl0len, IENo
0.7l~2
TelePlione SS6MEt
The above entitled annexation and zoning application having
come on for consideration on February 10, 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 February 10, 1986, the
first publication of which was 15 days prior to said hearing;
that the matter was duly considered at the February 10, 1986
hearing; that copies of all notices were made available to
newspaper, radio and television stations.
2. That notice of the public hearing is required to be
sent to property owners within 300 feet of the external
boundaries of the land being considered pursuant to 11-2-416 E,
AM BROSE,
F1T2GERALD
B CROOKSTON
Atlomsyz en0
Counsaloro
P.O. Boz ~2T
MxMI~n,ItlNo
BJMY
TN~pNOm BBB1M1
Revised and Compiled Ordinances of the City of Meridian; that
this requirement has been met.
3. That the Planning and Zoning Commission (P & Z Comm.)
received no oral or written testimony.
4. 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
generally described as being in the southwest quarter of Section
18, Township 3 North, Range 1 East of Boise-Meridian.
5. That the Applicant is the City of Meridian; that the
land is owned by Terteling Trust #7; that the land is a Parcel
less than five (5) acres in size.
6. That the property is presently zoned by Ada County as
AP-2.
7. That the property is adjacent and abutting to the
present City limits.
S. 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 as defined in the Meridian Comprehensive Plan.
10. That the Application for annexation requests that the
parcel be annexed and zoned (C-C) Community Commercial but which
request has been changed to (C-G) General Retail and Service
Commercial.
11. That the City is proposing to annex this property due
to the fact that the Parcel was inadvertently omitted from two
prior annexations. That it is necessary to annex this Parcel to
square-up the legal description of the two prior annexations.
12. That the property is contained in the Mixed Use Area
between I-84 and Overland Road as shown on the Meridian Policy
Diagram of the Comprehensive Plan; that the Comprehensive Plan
states at page 22 regarding the mixed use area: "Probable
mixed-uses for the areas could be service commercial, combined
higher and medium density residential, open space uses (as a
means to buffer highway noise), motels and industrial."
CONCLUSIONS
AMBROSE,
FITZOERALD
6 CROOKBTON
AttOmayt NO
CounNloro
P.O. Box KRT
MMEIVi, IGM
tt7MS
Tslplion~888N1t
1. That all the procedural requirements of the Local
Planning Act and of the Ordinances of the City of Meridian have
been met including the mailing of notice to owners of property
within 300 feet of the external boundaries of the applicant's
property.
2. That the City has authority to annex land pursuant to
50-222, Idaho Code; that excerise of the City's annexation
authority is a Legislative function.
3. That the Planning and Zoning Commission has judged the
annexation and zoning application by the guidelines, standards,
criteria, and policies contained in Section 50-222, Title 67,
AMBROBE,
fIROERALD
6 CROONBTON
Attom~ya ~n0
CounNim
P.O. BoX III7
M~rWlul, ICNo
B3B17
TN~pIgN EBB.11B1
chapter 65, Idaho Code, the Meridian City Ordinances, Meridian
Comprehensive Plan, and the record submitted to it and things of
which it can take judicial notice.
4. That the Commission may take judicial notice of it own
and the City Council's proceedings, governmental statues,
ordinances, and policies, and of actual conditions existing
within the City and State.
5. That all 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 by the City and the City has power to so initiate said
annexation in that the land is under five acres in size.
7. That the annexation is in compliance with the Meridian
Comprehensive Plan.
8. That the zoning of C-G is in compliance with the
Meridian Comprehensive Plan and the Zoning Ordinance.
9. That since the land is presently in the Meridian Sewer
and Water District but upon annexation the land would not be
subject to the District taxes if both the City and the District
provide the same services and yet at this time neither the
District nor the City actually provide any water or sewer
services, some agreement between the City, the Sewer and Water
District, and the Applicant needs to be made regarding who has
jurisdiction over sewer and water and who will provide the
•
service in the long term.
AMBROBE,
fIT20ERALD
6 CROOKBTON
Allom~yl Intl
CoYM~lOI/
P.O. BoK 127
MMtlMn, IANo
B2N2
T1NpMtMBB61M7
10. That upon annexation and zoning, the land would be
subject to the Ordinances of the City of Meridian and development
would have to comply therewith.
11. 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 Applicants
property should be annexed and zoned, provided a variance is
requested from Section 11-2-408 8 and that such is in the best
interest of the City; that the conditions of the annexation and
zoning should be those contained in the following Recommendation.
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
Commissioner
Commissioner
Commissioner
Commissioner
Chairman Spe
Cole
Shearer
Johnson
Alidjani
Morrow
ncer (Tie Breaker)
voted
Voted ~ p ,r
Voted
Voted ~'~-~`
Voted
Voted /
•
RECOMMENDATION
It is hereby recommended that Applicant's property be
annexed and zoned C-G, provided the City Council approves of a
variance from 11-2-408 8; that the Applicant be required to meet
the requirements of the Ada County Highway District and the
Central Health Department; that development be subject to Site
Planning Review; that a long term agreement on sewer and water be
encouraged between the Applicant, the City, and the Meridian
Sewer and Water District; and that the property be subject to the
Ordinances of the City of Meridian.
MOTION:
APPROVED: e DISAPPROVED:
AMBROBE,
FITSOERALD
7 CROOK7TON
Attonty77n0
Coun7NOn
P.O. BOZ IT7
MMA4n, W7No
6171]
T11~p~oi»B77•bMt
•
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
PLANNING AND ZONING COMMISSION'S
APPLICATION TO AMEND
MERIDIAN ZONING ORDINANCE AND THE DEVELOPMENT ORDINANCE
FINDINGS OF FACT AND CONCLUSIONS
AM BROSE,
FITZGERALD
6 CROOKSTON
Attorneys erb
Counselors
P.O. Box AR]
MerMlen, IENo
8381E
TelpBOne 88&1181
The above entitled application 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 •f the public hearing on the application
was published for two (2) consecutive weeks prior to the said
public hearing scheduled for Janaury 13, 1986, the first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at the Janaury 13, 1986,
hearing and was duly considered by the Planning and Zoning
Commission; that copies of all notices were available to
AMBROSE,
FITZG ERALD
d CROOKSTON
Attomeye uW
CquneelOA
P.O. BOx 127
MerlElan, IEWo
83812
Tslpllwro 88&1181
newspapers, and radio and television stations.
2. That the proposed amendments are as set forth in the
Application which is incorporated herein by this reference as if
set forth in full hereat. That the general reasons and purposes
for amending the Zoning and Development Ordinance are to
establish standards for fences not only in the residential zones
but also in commercial and industrial districts; to establish a
procedure for adjusting lot lines without going through the full
platting process; to establish standards for zero lot line
set-backs where a zero lot line lot is adjacent to a non-zero lot
line lot; and to establish a lighting guideline in the event
street lights are waived.
3. That the amendments have been proposed by the
Commission itself.
4. That at the public hearing held January 13, 1986, at
7:30 O'clock p.m. there was no public comment, either oral or
written, on the application.
5. That the present Zoning and Development Ordinance does
not specifically address fencing requirements in zones other than
residential zones.
6. That there have been occassions where it has been
either necessary or desirable to adjust lot lines without
requiring the owners of the lots involved to go through the
entire platting process; that the full platting process is too
time consuming and expensive to require such just to adjust lot
AMBROSE,
FIT2GERALG
B CROOKSTON
AIIOMBy! ME
CounNlpl
P.O. BoM 1Y7
Mxl06m,16No
83612
TBISpIgM BB&L181
lines.
7. That there are some subdivisions within the City that
contain zero lot line lots; that at present a zero lot line lot
could be adjacent to a non-zero lot line lot with the structure
being built on the zero lot line; such would violate the set-back
requirements normally relied upon by adjacent lots.
8. That there has been an occassion where a variance was
granted in the street light requirements to not require street
lights; that where there are no street lights some measure needs
to be adopted to provide street lighting to the subdivision.
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 compiled 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
the text of a zoning or development ordinance is a legislative
•
AM BROKE,
FIT20ERALD
8 CROOI(BTON
AHOmM/~ NO
DoaRNlcn
P.O. BOZ IY7
MNIObn, IONo
B3M7
TNpMN BBNN7
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 polices, and of actual
conditions existing within the City, County, and State.
6. That the City has authority to establish standards for
development pursuant to its own ordinances and pursuant to
Section 67-6518, Idaho Code .
7. That it is desireable to establish fencing standards in
all zoning districts so that maximum heights for fences will be
uniform in each district.
8. That it is desireable and in the best interest of the
City to allow for the adjustment of lot lines without requiring
the owner to go through the entire platting requirement; that the
safeguards and requirements of the platting process are not
necessary where only minor adjustments are to be made to lot
lines.
9. That it is in the best interest of the City to prevent
construction on a zero lot line where the zero lot line is a
common boundary line with a non-zero lot line lot; that if such
regulation were not adopted there easily could be encroachments
and lack of access to zero lot line lots or create a necessity to
trespass.
•
10. That it is in the best interests of the City to
establish a lighting requirement in residential subdivisions in
the event the street light requirements are waived, where they
are not feasible or necessary.
11. That it is finally concluded that the proposed
amendments are in the best interests of the City and its
residents.
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
Commissioner
Commissioner
Commissioner
Commissioner
Chairman Spe
Morrow
Alidjani
Johnson
Shearer
Cole
ncer (Tie Breaker)
Voted Y~
Voted
Voted~_
Voted ((„~/
Voted ~/„~_
Voted-7~~
RECOMMENDATION
AMRROSE,
FITZG ERALO
A CROOKSTON
Allolnsya NE
Counwlon
P.O. Bov t2]
MMObn, MYw
B3N2
TalpRwn BBB~Mt
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
AMBROSE,
FITZOERALD
B CROONSTON
Attomsye en0
Cquneelwt
P.O. Boy 12T
MsrlUlen, 16N0
88611
TelaPllone BB61M7