Loading...
1985 10-15C, A G E N D A MERIDIAN PLANNING & ZONING OCTOBER 15, 1985 ITEM: • MINUTES OF THE REGULAR MEETING HELD SEPTEMBER 9, 1985: (APPROVED) MINUTES OF SPECIAL PQEETING HELD SEPTEMBER 23, 1985: (APPROVED) MINUTES OF SPECIAL MEETING HELD SEPTEMBER 30, 1985: (APPROVED) 1: ANNEXATION & ZONING REQUEST BY CECIL THOMAS AND TERTELING TRUST # 7: PUBLIC HEARING:(ATTORNEY TO PREPARE FINDINGS) 2. PUBLIC HEARING: CONDITIONAL USE PERPQIT APPLICATION BY SAMUEL & ROBERTA LYTLE FOR HOME BEAUTY SALON: (ATTORNEY TO PP.EPARE FINDINGS) MERIDIAN PLANNING & ZONING OCTOBER 15, 1985 Meeting called to order by Chairman Bob Spencer at 7:30 P.M.: Members Present: Walt Morrow; Moe Alidjani, Jim Johnson, Jim Shearer, Tom Cole: Others Present: L. G. Hawley, Kathleen Hawley, Gary Schaffer, Roberta Lytle, Sam Lytle, Bill Nary, Clyde Weber, Clair Miles: The Motion was made by Morrow and seconded by Cole to approve the minutes of the regular meeting held September 9, 1985 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 September 23, 1985 as written: Motion Carried: All Yea: The Motion was made by Alidjani and seconded by Cole to approve the minutes of the special meeting held September 30, 1985 as written: Motion Carried: All Yea: Item #1: Annexation & Zoning Request by Cecil Thomas & Terteling Trust #7: Chairman Spencer, this is a Public Hearing and the hearing will be conducted under the rules of City Ordinance #446: Chairman Spencer opened the Public Hearing: Is there someone present to represent this request? Mr. R. Clair Miles, 530 Bighorn Drive, Boise, Idaho 83709 was present. Mr. Miles was sworn by Chairman Spencer. Mr. Miles, I am Vice President and General tdanager of Western States Equip- ment Company, the State of Idaho has condemmed the property that we present- ly occupy on Fairview Avenue and served notice that we need to be out of this location by June 30, 1987. It is our desire to move our corporate headquarters to this property we are requesting annexation and zoning for. We do business in four states and look forward to coming to Meridian and should bring about 125 jobs. There were no questions of Mr. Miles and he advised the Commission Mr. Clyde Weber, Architect was also present and would explain the concept plan . Mr. Clyde Weber, 5155 No. Leatherplace, Boise, Idaho 83704: Mr. Weber was sworn by Chairman Spencer: Mr. Weber, I have here a copy of the drawing which was delivered earlier to City Hall for your review prior to the meeting, we are looking at a fairly large parcel of property with approximately 600 feet of frontage on Overland Road on the South and the Freeway on the North. The proposal is for one large building with a single large main en"ry~ . MERIDIAN P & Z: • OCTOBER 15, 198 PAGE # 2: There will be employee parking to the left of the entrance and visitor and customer parking to the right. There will be a security gate that will keep persons from entering the balance of the property.which will be fenced. Mr. Weber went to explain which areas would be paved and which would be concrete. Mr. Weber explained the rest of the concept as shown on the drawing with regard to location of the different buildings, display areas and landscaping. The Company wants to make a nice front door and also a nice area along the freeway. We will fence the ditch on the East Boundry and leave that ditch open. As far as utilities are concerned the biggest item would be water and sewer which. are not provided by the City on this side of the Freeway, therefore we are proposing that the City allow for a septic drain field for sewage and probably for a well for water. I will be happy to answer any questions you gentlemen have . Alidjani, is there any well or any existing water system available at this time? Weber, there are two existing homes on the property at this time with wells, these homes would be removed whether the wells are large enough for this project is not known at this time. Spencer, have you seen Central District Health's latest comments? Weber, Yes, the indication is that we have a high water table in this area, which was just checked, they are recommending that a septic system be allow- ed as long as it is an alternate type system, this would probably mean a mound type system with a lift pump. We have no problem with this, I have been involved in several projects between Boise and Meridian where this has been the case and they work fine. Johnson, how many acres are we talking about? Weber, 16 ;, there is one acre on the West boundry that has already been annexed and the rest is in the County. Morrow, from my point of view I do not see any problem with either the septic system or the well, it looks like a good project to me and I think it would behoove us in Meridian to have this project. Spencer, for the record the orginal application requested a CC Zone, the application you are requested is not allowed in this zone, I have before me a letter dated the 23rd of August where you requested a CG Zone, which allows this useage, is that correct? Weber, Yes. Johnson, I think this is the type of thing Meridian needs and the jobs it creates in the Meridian area. Spencer, have you reviewed the comments from Ada County Highway District? Weber, Yes and we have no problems with their comments. Cole, I agree with the comments, it would be great for Meridian, the only MERIDIAN P & Z. • • OCTOBER 15, 1985 PAGE # 3: problem I can see and it is not their problem that they are creating it but sooner or later it is going to develop on that side of the Interstate and somehow sooner or later you are going to have to get sewer and water over to that side and I realize this is not a large enough development to handle entension on their own, but sooner or later when it is extended over there they are going to benefit from it, I think some policy ought to be established or something for a fund that development puts into for cost of the extension. I think the City needs to set some kind of a policy. Morrow, I believe that the late comers charge or the participation program that was recently passed by the City Council covers those kinds of things. Whoever extends it out there, whoever else joins on pays their prorata share. There was discussion on what the enforcement on something like this would be.There was also discussion on the subject of establishing a fund. Spencer, is there anyone else in the audience who caishes to comment on this application? There was no response. The Public Hearing was closed. Alidjani, I have one other question, what is your timetable for construction? Weber, we would have to start construction in April in order to be out of our present location by June 30, 1987. The Motion was made by Morrow and seconded by Cole to have the City Attorney prepare Findings of Fact and Conclusions. Motion Carried: All Yea: The Motion was made by Morrow and seconded by Shearer that the Findings reflect a positi.le recommendation to the City Council. Motion Carried: All Yea: Item #2: Public Hearing: Conditional Use Permit by Roberta Lytle for Home Beauty Salon. Spencer, this hearing will be conducted under the provisions of City Ordin- ance #446, is there anyone present to represent this request? Roberta Lytle, 1440 West Cherry Lane , Meridian, Idaho: Mrs. Lytle was sworn by Chairman Spencer: Mrs. Lytle, I am here requesting approval to place a Beauty Salon in my home at 1440 West Cherry Lane, I placed a drawing in my application show- ing my location, I do have suffi^ient parking and I have no objections from the people around me. Spencer, you do understand there will be additional hookup fees? Mrs. Lytle, yes this was made quite clear. Shearer, there will not be any changes to the exterior of the house? MERIDIAN P & Z: • • OCTOBER 15, 1985 PAGE # 4 Mrs. Lytle, no, there will not be any change to the exterior of the home. Morrow, how many neighbors were opposed? Mrs. Lytle, none, I was able to visit with everybody with the exception of the Church behind me. I did have a Conditional Use Permit in the house already for a bookkkeeping business. Alidjani, are you still using that? Mrs. Lytle, No, I am working as a hairdresser full time. Spencer, is there anyone else present who wishes to testify on this applic- ation? No Response. Public Hearing closed. The Motion was made by Morrow and seconded by Shearer to have the City Att- orney prepare Findings of Fact and Conclusion of Law on this application. Motion Carried: All Yea: The Motion was made by Morrow and seconded by Alidjani that the Findings show a favorable recommendation to the City Council: Motion Carried: All Yea: City Clerk, I have one item before you adjourn, Mrs. Brewer has picked up an application for a rezone and will probably be on the next agenda for this application, does the Commission wish to have a Hearing Officer? It was the consensus of the Commission not to have a Hearing Officer if this application was filed. Being no further business to come before the Commission the Motion was made by Cole and seconded by Shearer to adjourn at 8:00 P.M.: Motion Carried: All Yea: (Tape on file of these proceedings) APPROV .C. SPENCER, HAIRMAN City Clerk yor & Council &Z Commission Atty., Eng., Ward Stuart, Mitich, Fire, Kiebert, Police, Hallett, Statesman galley News, ACHD NIMD, CDH, ACC, ACZ, APA, BRA FILE ( 2) MAIL ( 2) BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION THE TERTELING TRUST #7 ANNEXATION AND ZONING FINDINGS OF FACT AND CONCLUSIONS AM BROSE, FITZGERALD B CROOKSTON AllorneyA U10 Cwneelws P.O. Box 127 MMWIAn, MMo 83!14 TNpAOne BBBdM1 The above entitled annexation and zoning application having come on for consideration on October 15, 1985, 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 October 15, 1985, the first publication of which was 15 days prior to said hearing; that the matter was duly considered at the October 15, 1985 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, .tt -: ,.: ~7 Revised and Compiled Ordinances of the City of Meridian; that this requirement has been met. AMBROSE, FITZGERALD B CROOKSTON AtlorMys YM Counwloro P.O. Bo%147 MMONn, W,11o !7814 TNpNaN BBBMl1 ;)_ ,fir-y^,`~.. w. 3. That the Planning and Zoning Commission (P S Z Comm.) received both oral and 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 Terteling Trust #7; that the owner of the parcel is Thomas Farms, LTD., a limited partnership. 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. 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 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 with the proposed use being a corporate headquarters for Western States Equipment Company including sales and AMBROSE, FITZGERALD 8 CR001(STON Allomeye Mb Coumalon P.O. Bo. lZ7 Msrl0bn.141w NM2 servicing of Catepillar Tractor Equuipment. 11. That the Applicant is not the owner of all the property contained in the annexation and zoning Application; that the Applicant does contain requests for annexation and zoning by the owner; that the owner of the parcel involved in the annexation has requested to be annexed and zoned by the City and the City, if it does annex the property involved, would be doing so at the owner's request and the City would not be taking any unilateral action to annex said parcel. 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." 13. That the parcel is contained within the Meridian Sewer and Water District; that said District does not have facilities to provide sewer and water services; that a letter from the President of said District which states the District is "very willing to support and cooperate with the City of Meridian and Terteling Trust #7 to accomplish and complete this request"; that Section 50-224 upon annexation by a City of land contained in another taxing district which provides the same or similar services, the land is relieved of taxes or assessments in that taxing district; however, that City water and sewer does not presently extend south of I-84 and is therefore not presently available to the parcel; that if Applicant desires City water and sewer services, it would be its responsibility to extend those services to the parcel. 14. That the Central District Health Department (CDHD) submitted a two Review Sheets regarding this Application; the first one dated 9-25-85 indicates that CDHD could approve the request with a central water system or an individual water system; that the second review sheet dated 10-11-85 indicates that the ground water is too high to allow sewerage to be provided by a convential subsuzface septic system but that an alternative sewerage system could be used; that an alternative system would have to be designed by an engineer or qualified person and must comply with all applicable design criteria; that the alternative system must be reviewed and approved by CDHD prior to issuance of a sewage permit. 15. That the Ordinances of the City of Meridian require that once a parcel of property in the City comes within 300 feet of City water and sewer it must be connected to City water and qM BROSE, FITZGERALD B CROOKSiON ABOmeys m0 Counwbn P.O. BOZ I2] Me~W Wf, lEHlo 8~Z THp1aM B!!-IM7 sewer. 16. That the Ada County Highway District (ACHD) submitted recommendations pertaining to ACHD requirements; that said comments and recommendations are incorporated herein by this reference as if set forth in full hereat. 17. That the purposes in the proposed zone of "C-G) General Retail and Service Commercial is to "provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed Commercial Uses which are auto and service oriented and are located in close proximity to major highway or arteriel streets; to fulfill the need for travel-related services as well as retail sales for the transient and permanent motoring public," 11-2-408 8, Meridian Zoning Ordinance. That section also requires that property zoned C-G he connected to Municipal Water and Sewer and not constitute Strip Commercial Development. 18. That there was not testimony, oral or written objecting to the Application. CONCLUSIONS AMBfiOSE, FITZGERALD 6 CROOKSTON Attomsys YW Counbior~ MMOWt, IO,Ito BJ!/2 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, _,.F r, ~... xy. AMBROBE, F172GERALD 6 CROOKBTON Attorneys anE Collneelore P.O.BO>t~ZI :. ~!'.il criteria, and policies contained in Section 50-222, Title 67, chapter 65, Idaho Code, the Meridian City Ordinances, Meridian Comprehensive Plan, and the recozd 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 Applicants and the owner of the parcel and is not at the request or initiation of the City of Meridian. 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 except for the requirement contained in Section 11-2-408 8 which requires that land zoned C-G be connected to municipal water and sewer; that the Applicant would either be required to extend City sewer and water to its land or request a variance from Section 11-2-408 8 so that the zoning and development would not be in violation of the Zoning Ordinances. 9. That since the land is presently in the Meridian Sewer ry AMBROSE, FITZGERALD B CROOKSTON Attom~yx YW CounNbn P.O. Box t27 MMMIM,MNo 8~ TPIp11MPBBB~161 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. 10. That at this juncture the Commission has no objection to interim sewer and water facilities so long as the requirements of the Central District Health Department approves of them. 11. That since annexation is a legislative function, the City may place conditions on annexation or, where appropriate, conditionally annex and zone a parcel of land. 12. That the comments of the Ada County Highway District and the Central Health Department are reasonable and the Applicant should be required to comply therewith. 13. 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. 14. That the Applicant has made development representations in its Application and in the testimony and evidence it has submitted; that it is reasonable that Applicant be required to honor those representations. 15. That the City has recently enacted and approved a Site k AMBROSE, FIROERALD d CROOKSTON Anwnly.lna Counwlpl P.O. BOx 127 MMMIM,WNo pN2 T111p11pN N6/N/ A-tAI~. .e~,: r-~ e Planning Review provision as part of the Zoning Ordinance; Section 11-2-410 C SZTE PLANNING REVIEW; that any development should be subject to site planning review. 16. 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~~ Voted V Voted _ ~. J Voted V voted __ _ .F . a ' , ' •I n ' • • 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:~_ DISAPPROVED: AMBROSE, FITZGERALD i CROOKSTON Attomsys YM Counesbn P.O.Ib~ /2T MMOW1, IOY1o KitNY TeleplloM BBl4/Mt BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION SAMUEL LYTLE AND ROBERTA LYTLE CONDITIONAL USE PERMIT 1440 W. CHERRY LANE MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing AMBROSE, FIT2GERALO 6 CROOKSTON Attomsys and Counaebrs P.O. Box ~7 MxMMn,Wda 83612 Wp1~drBMMBI October 15, 1985, at the hour of 7:30 o'clock p.m., the Petitioner appearing in person, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for October 15, 1985, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the October 15, 1985 hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were made available to newspaper, radio and television stations; .-y 2. That this property is located within the City of Meridian and is owned by the applicant and is known by the address of 1440 West Cherry Lane, Meridian, Idaho; 3. That the property is located in a residential district, that requires a conditional use permit for the operation of a home occupation which is what a beauty salon is and which is the use the application requests; 4. That a proper notice has been given as required by law and all approvals and procedures before the Planning and Zoning Commission have been given and followed; 5. That no persons appeared at the hearing objecting to the use of the property as a two operator beauty salon which is a commerical use; 6. That the property had a prior conditional use permit for a bookkeeping business; 7. That at the public hearing there was no public comment except for the applicants'; 8. That the Central District Health Department and City Engineer submitted recommendations which recommendations are incorporated herein by this reference as if set forth in full hereat; 9. That a home occupation is allowed in a residential district under a Conditinal Use Permit; that said use is a commercial use. AMeROSE, I CONCLUSIONS FITZGERALD B CROOKSTON AttarnMx~no Counssbre P.O. Box ART MMMMn, NWw 83!12 Tslplaru 8861M1 AMBROSE, FITZGERALD d CPOOKSTON Attonroye h0 GOUnNlors R.D. BOY /Z7 MMWMn, WYq B]MY isNgwns BBMM7 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 and having obtained the consent of 758 of the owners of property within 300 feet of the external boundaries of the applicant's property; 2. That the City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian, Idaho; 3. 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 pursuant to 11-2-418(D) of the Revised and Compiled Ordinances of the City of Meridian, Idaho; 4. 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 specifically concludes as follows: a. The uses, in fact, constitute a conditional use and a conditional use permit is required by ordinance. b. The uses will be harmonious with and in accordance with the Comprehensive Plan and the Zoning Ordinance. c. The use will be designed, constructed, operated, and maintained to be harmonious in appearance with the intended character of the general vicinity such being designated for residential use. d. That the uses will not be hazardous or disturbing to existing or future neighboring uses. e. The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. f. The uses will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any person, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. g. That applicant shall be required to have parking for the property which shall be so designed as not to create an interference with traffic and parking on surrounding public streets and which parking meets the City Ordinances. h. The development and uses will not result in the AM BROSE, FITZGERALD B CROOKSTON AKOfMyb NO GounaNae P.O. aoz all MMUWI, IENo 63M2 destruction, loss or damage of a natural or scenic feature of major importance. ~..,_ 5. That the recommendations and requirements submitted by the Central District Health Department and City Engineer are reasonable and the Applicant shall be required to comply with them and they shall be required; 6. That the Applicant shall be required to pay appropriate rates for sewer, water, and trash and shall be required to pay for and and all connection fees for water and sewer necessitated by his uses; 7. That the permit once granted shall be personal to the Applicants and shall not be transferrable to other individuals or AMBROSE, FIRGERALD d CROOKSLON Atlomlyl uW COU11MI01! P.O. BO. 111 Mar101Yi, M111o 87!11 TaMp11dN B!&1M/ property. f41 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS AM SROSE, FITZGERALD B CROOKSTON AttomeystnE CounaNOn P.O. Sort ~Z7 MMMIN,bYro BJMII TtN~pApb SS6{Mt ~;y,..... ..~.. The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions ROLL CALL: Commissioner Morrow Voted f!~ Commissioner Alidjani Voted,~Y..i _ Commissioner Johnson Voted~V, s Commissioner Shearer Voted~,~_ Commissioner Cole Voted Chairman Spencer (Tie Breaker) Voted _,_ DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Conditional Use Permit requested by the Applicant for the property described in the application under the conditions stated herein. MOTION: APPROVED: _~ DISAPPROVED: ~r_