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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