Loading...
1985 06-10 A G E N D A MERIDIAN PLANNING & ZONING JUNE 10, 1985 ITEM: MINUTES OF PREVIOUS MEETING HELD MAY 13, 1985: (APPROVED) 1. ANNEXATION & ZONING REQUEST BY MOE ALIDJANI FROM THE TABLE. (ATTORNEY TO PREPARE FINDINGS OF FACT & CONCLUSIONS) 2. FINDINGS OF FACT AND CONCLUSIONS ON CONDITIONAL USE PERMIT REQUEST BY JOHN HAYWARD. (APPROVED) MERIDIAN PLANNING & ZONING COMMISSIOPd JUNE 10,1985 Regular Meeting of the Meridian Planning & Zoning Commission called to order by Chairman Bob Spencer at 7:30 p.m. Members Present: Walt Morrow; Jim Johnson; Jim Shearer; Tom Cole: Chairman Spencer advised that Mr. Alidjani had been granted a leave of absence from the Planning & Zoning Commission by Mayor Kingsford until further notice. Others Present: Aline DeNardi, JoAnne La Casse, Betty Wolfe, Andrew Wolfe, Elaine Smith, Vera Hornbaker, Loren Hornbaker, Pat Fabricius, Brenda Fabricius, Opal Farrington, Irene Chastain, Al Chastaine, Esther Tuckness, Lawerence Tuckness, Lawerence Smith, Helen Alidjani, Geneviene Moore, Arthur Moore, Richard Parcells, Blanche Wolff, Lila Wilkins, Martin Fabucuis, Gary Haar, Peggy Harr, Jim Potter,C.L. Morgan,Phil Brendel, Leonard Rhodes, Mary Rhodes, Steve Gratton,MOe Alidjani, Wayne Crookston, Harry Jensen, The Motion was made by Morrow and seconded by Johnson to approve the minutes of previous meeting held May 13, 1985 as written: Motion Carried: All Yea: Chairman Spencer announced that the Commission would act on Item #2 on the Agenda before proceeding with the Public Hearing on Mr.Alidjani's request for annexation & zoning: Item #2: Findings of Fact & Conclusions on request for Conditional Use Permit by John Hayward: Chairman Spencer, members of the Commission have you read these Findings and are there any questions? There was no response. The Motion was made by Johnson and seconded by Morrow that the Meridian Planning and Zoning Commission hereby adopts and approves the Findings of Fact and Conclusions on the Conditional Use Permit for John Hayward. Motion Carried: Morrow, Yea: Johnson, Yea: Shearer, Yea: Cole, Yea: The Motion was made by Morrow and seconded by Cole that the Meridian Planning & Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Conditional Use Permit request- ed by John Hayward & John Dobaranfor the property described in the application under the conditions stated in the Findings of Fact and Conclusions. Motion Carried: All Yea: Item #1: Annexation & Zoning Request by Moe Alidjani from the table: Chairman Spencer advised that this request would be a Public Hearing and Hearing would be conducted under the conditions as stated in City Ord- inance #446 and there would be a three (3) minute time limit set on testimony. MERIDIAN P &Z• • JUNE 10, 1985 PAGE #2 Chairman Spencer opened the Public Hearing and advised there had been some written testimony received since the last Hearing on April 8, 1985 and this testimony was being entered for the record. The written test- imony is four letters which object to this request. Moe Alidjani, 2023 Turnberry, Meridian, Idaho Mr. Alidjani was sworn by Chairman Spencer. Mr. Alidjani, Last time when I was here on the request for annexation & zoning of the eleven acre parcel located in an industrial area I did have a feeling my opposition group felt I should be treated as a Conditional Use Permit and for that matter I brought some statistics and fact findings that I can present here tonite. Mr. Alidjani showed the Commission a drawing of what the plan would look like in phase I. This drawing showed the building and landscaping. This eleven acres is located in proximity with apporoximately 467 acres of Industrial ground also if this property ever came up for zoning on another request there could not be a buffer zone as there is industrial property to the West of it and to the East & South this property is bounded by property already zoned industrial. Some other facts I would like to bring up is my business has been conducted in this area for 40 years and have never ever had any citations from health department or other authorities, never broken any laws or regulations and business has been conducted in a professional manner. There seem to be four main objections, (1) debris and garbage flying around, odor, noise and traffic. I will try to explain one by one what could or could not be the problem. (1) Traffic I have no control as North Locust Grove is designated as a Collector Street. This will make this street serve a large area with a large amount of increased traffic. This is the way it is designated in the Comprehensive Plan. (2) Garbage flying around, I have one picture here this is the immediate house to this eleven acres, they have garbage right here, burning trash on the ground without a burning permit and they are not hauling their trash and I am happy to say Meridian City Limits do haul their trash and do not pile it on the ground or burn it on the ground. This is a violation of the fire code and a health hazzard. (3) for noise and odor, as you know I am now conducting business on West Broadway, I basically do not have any problems with my neighbors and some of their houses are within forty feet and they have not complained about the noise or odor, we have to use that street which is not a collector and on certain days there is as many as two hundred cars in the area. This business is not a City Dump it is a hauling business, the only way we can make money is hauling trash, not collecting it and keeping it for several days. I do not believe we have an odor, noise or traffic problem that is reason according to State Law and City Ordinance we have to be in Industrial Zoned Property also in property zoned industrial my business is a permitted use. Mr. Alidjani presented some brochures showing what other locations looked like and stated his location would be kept very clean. He also stated that this operation had to be approved by Central District Health and the State D.O.E and plans had to be submitted. Chairman Spencer, any questions of the Commission? Cole, just for the record this is going to be in an enclosed building? Alidjani, everything I do is going to be in enclosed building. MERIDIAN P & • • JUNE 10, 1985 PAGE # 3 Cole, easment for the access will be included in the annexation? Alidjani, Yes, also I will only be using 15 to 18% of this property for my operation the balance will be some type of Industrial Park. Cole, what hours would you be operating? Alidjani, 8 A. M. to 4 P.M. maximum to 5:00 P.M. Cole, I understand there is one located in Lewiston and one in Spokane where are they located in relationship with the City Limits, at the edge or where? Alidjani, They are located in the City Limits, the one in Spokane is located in an Industrial Park again I wish to state everything is inside. Johnson, where on this schematic would you place the building or where do you have in mind to place the building? Alidjani, it would be in the extreme North East Corner of the property which would 800 feet away from the closest house. Alidjani, I also wish to submit some pictures showing the location of the site in relationship with the property for the record.(On File at City Hall) There were no other questions of Mr. Alidjani. Aline DeNardi, 1850 Wildwood, Boise, Idaho, I own the property at 1315 North Locust Grove. Mrs. De Nardi was sworn by Chairman Spencer: Mrs. De Nardi, my daughter lives in Kennwick, Washington and I had her take picture of a similar business also there is a letter and I would like to submit this to the Commission. I think the pictures will explain what we are talking about. In May we went up to see our daughter and they had big fire at this Basin Recycle & Reload Center, Mrs. De Nardi had newspaper clipping of this fire and she submitted that for the record. I went to the Meridian Fire Dept, and talked to Chief Bowers and asked him how long it would take to respond to fire at this location, he said depending on the weather and the traffic the fastest they could arrive would five to six minutes. There were no questions of the Commission. (Pictures & Clipping on File At City Hall) JoAnne LaCasse, Defer my time to Jim Potter: Betty Wolfe, Defer my time to Jim Potter: Andrew Wolfe, Defer my time to Jim Potter: Elaine Smith, Defer my time to Jim Potter: Vera Hornbaker, Defer my time to Jim Potter: MERIDIAN P & • JUNE 10, 198 PAGE # 4 Loren Hornbaker, 1190 North Locust Grove Road: Mr. Hornbaker was sworn by Chairman Spencer: Mr. Hornbaker, I have some aerial photos that show the location we are talking about and I also have a photo of the location that is up on Liberty Road this show what we are afraid of, I would like to present these two pictures to the Commission and relinquish the rest of my time to Mr. Potter. (Pictures on file at City Hall) Pat Fabricius, defer my time to Martin Fabricius: Brenda Fabricius, defer my time to Martin Fabricius: Opal Farrington, defer my time to Mr. Potter: Lawerence Smith, donate my time to Mr. Potter: Richard Parcells, donate my time to Mr. Potter: Blanche Wolff, donate my time to Mr. Potter: Martin Fabricius, 1235 Adkins Road: Mr. Fabricius was sworn by Chairman Spencer: Mr. Fabricius read from a prepared statement which is made a part of these minutes as Attachment "A": ( 8 PAGES) Shearer, Mr. Fabricius would you point out your property on the map? Mr. Fabricius outlined his property on the map. Morrow, let me ask you this based on some of these pictures submitted do you feel part of the problem is based on lack of control over this type of operation? Mr. Fabricius, after talking to other official-there is very little control over these type of operations. Morrow, a transfer station is an allowable use in Industrial Zoned Property and if it were not for the fact that Mr. Alidjani was wishing to annex and zone some property he could purchase a piece of the property already zoned Industrial in your area and start building tomorrow, I think the point here is that by him coming before us and the way he is choosing to do we have the opportunity to place some very, verb strict control on him that are absent on the one on Victory: It seem5to me if we are to have this type of operation in Meridian it would be in the best interest of the City to have some very strict control on the operation. I think this is one aspect we will consider. Mr. Fabricius, I can not disagree with what you say, as I think you can not have to many controls on this type of operation. Jim Potter, Garden Valley, Idaho Mr. Potter was sworn by Chairman Spencer: MERIDIAN P &Z~ • JUNE 10, 1985 PAGE # 5 Mr. Potter read from a prepared statement which is made a part of these minutes as Attachment "B": (10 PAGES) Chairman Spencer, any questions of the Commission? Shearer, I wish to question the statement about the litter on Fairview Ave, it seems to me there would be less after the units were reloaded than if the pickup units were making the trip down Fairview. Potter, not according to statistics the top loading units are far more conducive to litter than the collection truck. There is no top loading device yet that is litter tight. Mr. Potter was questioned by the Commission about the statement on the amount of Light Industrial property needed in the area.(Page #3 of prepared statement) There was discussion on the Comprehensive Plan regarding this area. Morrow, with the oppmsitiolito more Industrial ground, in my opinion if Mr. Alidjani is turned down,in the future someone else wars~t rezoned it sets a precedence. There was more discussion on this. There were no other questions of Mr. Potter. Morrow, I would like to ask Mr. Alidjani from some of the .testimony we have heard and from some of the pictures we have seen some of the major problems with the transfer stations are that they are also recycling stations, from the pictures the station in Boise clearly indicates it is also a recycling station, Mr. Alidjani$application does not elude to there being any recycling. Mr. Alidjani, one thing Mr. Potter did not elude to is that when the station is open to the Public we have no control over how they cover or haul their trash into the station, we do not have a recycling plant nor are we going to be open to the Public for them to haul their trash into dump. We have not asked for a transfer station at this time as that is planned for the second phase of operation. That is why we have not applied for any permits from the State or County. At the present time the plan is to just build a shop and move my business and have a place to repair my own trucks and store them. Shearer, what kind°plans are you thinking about? Alidjani, two to three years depending on financing. Morrow, let me ask you this are l-ou planning on an enclosed unit or a top dump? Alidjani, it won't be a top dump, they are a problem there is several other type I have seen. MERIDIAN P & ~ • JUNE 10,1985 PAGE # 6 Morrow, what type of system are you planning on using when you have the transfer system complete? Alidjani, this would be an entirely enclosed system. I have not at this time decided which type of system it would be. Shearer, you will not have any public allowed to bring in their own trash? Alidjani, No, no public, everything is going to be landscaped and a buffer zone installed. There were no other question, Chairman Spencer closed the Public Hearing. Mrs. Elaine Smith presented a petition containing eighty signatures of property owners in the area who were opposed to this request. There were several of the signatures who were husband & wife. (Petition on file with these minutes) The motion was made by Cole and seconded by Johnson to have the City Attorney prepare Findings of Fact and Conclusions on the Alidjani request. Motion Carried; Morrow, Yea: Johnson, Yea: Cole, Yea: Shearer,Abstained: City Attorney Crookston advised the Commission that he had a conflict of interest on this request as he had preformed work for Mr. Alidjani. There was discussion on this subject; The motion was made by Morrow and seconded by Cole that the Commission did not feel there was conflict and for Mr. Crookston the City Attorney to proceed with the Findings of Fact and Conclusions: Motion Carried: Morrow, Yea: Johnson, Yea: Cole, Yea: Shearer Abstained: Being no further business to come before the Commission the motion was made by Cole and seconded by Johnson to adjourn at 9:15 p.m. Motion Carried: All Yea: (TAPE ON FILE OF THESE PROCEEDINGS) APPROV BO R, CHAIRMAN ST: N Mayor & Council Mitich, Valley News P & Commission Hein, Statesman, ACHD. Ward, Stuart, Fire CDH.,ACC,ACZ,NIMD,APA, Police, Atty., Eng., Mail: (2) File: (2) a r, _ / fi ~ v (//T l~.Y•~~ ~ ti~r'-~ ~.,-f`'~/l'2r3.'J L.L~tl,c~--t.l~.l_.:. (,~'~- .~~~-~1. ~G/~ ~ ~ O ~~ ~ ~ ~t " s~~e~~ 1 i c:~:- 1 1~1.~.-~t~~~~ ~j, '7~,zfc-C~~,,~-~-.~ 5 O / ,f~ `'- /~ ~L~~ _ ,c. ( //A. 1. ~~ -JJ Q-ciUl...a~ ~~~ J ..:> ' V ` (L' ~ i ~ ~ (/II 4~ J ~j i~ f ~~'~ ~,~i .,,~e~f,°%:_,z.. ~ /6r-k.^tl ~ ,,tlc..~ -{ i,~`tii,~~i2,-~L: ~~ L~YL'~~~ ~~ ~ !!~ a < ,~ ~ ~'~~, i ~ c `~" ~~0.1 ~-~{ ~~r~,C..~ ~-q, QiL~ h.C.y;.~t.~ /t-O ~ LC.v,"-~ ~-/I?'' it~.~~C. j ~ }~' ,; ~~'~^..,vt-tom , ~i~.-~ ~;'(:9--~ C-~ , ' F .-~.,~.-~ ~ / (~ •~-~=f~~`F..: (/VI ~'~''~'.~1 /~'~' IL.~v rte'-1 ~' ~~ / ~ `/ '~~. ) ~R~ ~ V ' ~-C~ L(-~: ~ LL`~x?.i,L>~tt /(,,t-t,C LLc.^L: .G.~ ~ _,-(~-~ Z~ ~ .~ .~ C` .- `/ ~ 4~r1 lafi~j YN) e • ~ _, ~~u4~..'k4. -) '_, ~..-~.:..~ ~';L 4: ~ ~l~~n'--^~} '~~'"l. /-'C'fr~'4' ~-.GG~Y~ U rl. ~-- n ~! ~r e i c ~• ~~)) ~. O ~i y1 O ., `" , i ,~~'~~, . J~t-~ I/ ;C.,(~ ~ /;-"-1 tL~ ..,c (t.{ a p .. ' d _tf,. . t.t ( .~~.i i' v i ~ C L, ~ p ~~-c.t. ~ ~-d~ .~.~-t~.c,:Jt;. , 1 1 E x.~ L.c.,'~JJra 6-, ~ L~~c~~/,/ ~ -- /1%~V":-,cC,~t-~ ,~t~L~.J~.r G r~' ~~"~:J~'``~.9~ /E-v\... /L~~IA~ ,.~ '~ ~.S,..E.,'~ ,. ...~ , ~ ~ c Lw~ { ~^ f , ~, ~. . , ~ Y'.,%.-1~-°-`'`•/3~-, s~, (~1F4.~~ ` ,;~ .'C1-~"t`_.'-h{ ~•l, ~~r-C~-''~.-4., ;~-."'^' \,.~6~''~..~..sl. i ~ [ , ~ F` i' ~f--0•.'_.s3~: G`~~'~ /{'.Y^~l"C^'~,~',,_.~,.~ ,//~'yh•+ „s• (f i-1--'f', +:.: ~,.~.i:j[r. 1 ~t I' ~_._. ~,. 'J al ~ • ~', r /~,,, , ~.~-~; /yL~~ ,.~t."~.s_(~~„c:~., /~iGl.~` ~%~j0~~~-H'z-~-> Cj /tt~ccgij,~,c~,`,cH, ff / y C,~--n.C,~~-~c,1,c-a.y ~...; i ~ ~.Q tom- ~,- ~ i ~--~ /' , ,_ ~.~ GC-~~E'-~~L`T~-k=C-~~-~, ~- `~.~._ i a ~ ,,-- 1i~`~'-a/~-~ .~t/ d rl.-~ k_~; ~ '~-t~t~-~%~Cin'49{,~ /{Zt~t~ ~GGL,t~e1... G~/S.~ r ' ~~~.~, ~'.(i(i~' , - ~(,: ~~-L~.t.~~ /i~' G(-.C'L'~ .--"7'x:.1 A'14 ~ {~'~ E ~ !`. ~~ , ~ ~ l l~-vYL~ ~ : ~.,CL-,.,~~,<,q 41 t, / ,/f r ~' C. ', / o f: l c G~ n i ~f ' V ' r / l .~L.'V'•,,(' 1 ~.,Yl(.~r ~ c~t°k.'(\ ij~t.(...`.,d :-"~'YLv1l.~G'`LeL.t-GL/L..J G~-~( .,CLFC,C,X t;y ~ y} td-~-~ CGc"s'Y2.y ~,~..,i~-~-d~ r ,,. r y ~f~- u ~ x.11. ~ r7,,;Lr~L. ~ ~~( :Lt,c.-~z..c~"~ / ~ ~ `~ - V a ~,~ ~~t°-st. ~ c~ ., i /~'--t=ip= ~c..~, , . -! -,~-- '1,,~- Y i ~~ r • • o ~7~0-~-~~/1 Lei y't:~.~:~tA_. ~ ~ i I1~`t-~-~-d~ ,'! ~-~' Ldp., ~ ~J ~ /~n ~ ,~-;~i.~_xl~~ f, f .~.'.... ~}-~ti0 /~t.d~'U'E. > d~ .Ltl-~-eJ( ~ > ~ ~ QQ / V (.?-'t_JC~L~ ,1G~i ~~ ,., ~ /ii .,~'~.!-L,I~.-r.ZO-'~L.~Ly~ i 1 i ~ 6 L ~-J ~~~ ~~~~s.~~_ :: a <, ~""~"~,~-r1Ji~.!'c-~Y'Y'uC.. L.~~ !~`~i"'~X ~ i'iliL't~-zy L'C:~l.~: ~~k.: ~ ii1•~-<-. ~~ ,~ ~ i ~' ~ _~r~ ~~l'-31- 1-s ~-.!rs-tiri.~ ly- ~ .ti ~`'1~_L~..:--(~ ;., ~. ~"/vYYL~JG~T ~.c.-~'t_-~.fil. ~-- ~.- /}L<-~-!.. ~i.G~~'~ P J~ ~ y6 J .~i,~~i.,C.-~:' "/,"x!!4,_t?t,~'\.~. ~',~i~-vii ~-c~r~,. ~f ~.'/~-~~f. Y14,.i t ~' ~~ ~ C~'(/~-' ~ ~a ~, ~Y~~-~.(i~.-l'.eC[a:e-,s..: _.''~-"E t!_!~ /~ ~-C~c1..i, Gt.., .~ZJi=.v..4a.C~.rt~" _ n ~yf , ~; , ,, , ~ ,, 1 _ , ~` : '~ ~ C ~.. ,;~.(, { ~ _ (., ~c.4.C'k; ',,_,. ''~ `~. L ~ : ~ +::rC~. %_ ~/`u-"~--mss ~'J // ~,~LC_:<1LL.-lit_3~, v ~ ~ ~~ lr~-•9'L,~ ; ~`-C` ./~ ~.'.C~Gi~?-z'+_t?,cam' l / / - ,: f ~2~%YL~Yi,C~r-Q G1• ~ `- ~L}"r ~,f,-v ~ ~ w z- ~. / ~ ;^ v , C ~~~~,: ~ ,a ~~~ ,~-'~ ~~c,~ ~V <: n~= ~ i - ~ ,J/~- ~~ , cat /' /~' C'` ,.-:21~1.~-,~._ ,r-c,~-E-c.c .,fie _~C.~ ~~-~~-*~-~C., ~. ~ / t U ~ _. Q ' ~ n ~ I .., ~ a c G ti's.. ' ~~ ~~~',~ C~C`"~-- `~~2-~ .(~r~ ~ ~~.,~, ~__ i.~Z~.tc~C~CI ,. ( f /~ , ~ ~ ,; T /// ,~~~ ~~ .: ~ ~ ti ~ / `1Y~-N ./`T l,:v~~4-Nl l~u - i -A,~'.°^J~;' ~ ~,~'Z ~'f~`~ C 'I i V'/l' 'V / j ~i~C,! _ j:_.i2.~~:,i~,._rt' C,s,..ti ..-! G~1-ES-r`..,: ~~~[LE ~f<~'..d- Ni`.i~ ^.+.....: LV,j.`_~ ~ / 11 .~,n,_/'w` Q..1,-~4~QJ~/ /~/9''r/~r~'L~"{ ,~ ~i j f ~~; %1 v _ 'y ~ :,t,~ Ct iL ~ _ - I ~ GL-f-~ ~~ i r E,.a..._ ~,~ ~w<,,..,cL,,,. ~. ~;Lc!.`yL Gil. ' GS-,` ~-- i''cL-r.,d ~-taw /~ C n ~ti-~ ~...e i!C"-\ rr- 1 , u }..t.vvL~e..~; f'~ ~-~.-fit.. ~' ~-~"e-'.~.'~ ~~ y ~ ~ n ,, I ...q_ ~ ~ ~ .r ~. `.,~-o.~ .~J-<..~,j.~ '~.~ .;A~ ..-Prot,-c•.G.a.c' ' ` ~n1.G.; ~,,~;~ (~' ~~ fj'~ c (L-~ ~ ~(,,t`~..G ~.a.,c vl.-6j _~,.KL~f!~ldl• G-" ~-k-~(,r` (~ ~~ p / ~ ~ ! ~ > > ~' L.t~At,k:.t j ;;1. ~...~ ~.(~ f<~ut; ' t,eQ `l_ !. 3 ~ ~ ~iG v . f ` ,f~%~ ~-ct-, `-a_ ~~ Jf~ t,(.v'--~ C G~`r1 i i t ~ Lt d Ll~, ~_ Ft . ,, ~L~ ` : { ~~C ~ L-C~--U.'~'tt.c~ CS-r, ~ /'; ~~~ ~ ~7` ~ L .~ z /~~i z~,~l ~-f- L` ~". -:`-j1 k t ~_: ~ ".-¢. ,L 1'~ ~ ~<-at. lZ- L.EeL, .t~L~~-~tti. U / ~ ~'..G_ . c~ ~ ,W~tA. ~-,•~,,T,e.~~._c.~, ~~ ,~~E ,~t~r-L~ ti~Q-~;t~;,,~~-a. ~~ -~p-Ei.~ V .,,~ ,~- °7=- s t ~. ~- ,; /' :.~..~.~ ,'~.a.~.~, C~-,~L4...~ r~.~..~ _.L.c..-tea ~~ _~..y~,//~-t~,o- V ~/ ,r ~~ GC. ~t~~-~,C-E. ,-~.Gct c h ~., ~ ~f c R ~'~ /G t..c ~ f < l /y-~'~'.-Q..C_ /~~'~~'-~i /wG-~.-. //ILk~Q~ ~.Led~-.~1.6~~ /t/(/`QJK. --- ' -~-- f; . ~~, ~~ ~l -/~~-~.~J..t~..b.... mac.-, ~U~a-<.<,~ ., n~' ..~-r-~,.<.~~L ~ tee., , ~ ' ~~4. ~° Y/l/ ~ f, a ~ 1.,..~ ~..e~il~:kt-~v~~... c~-f' ~~kc:;~;f ; t-~.~, ,~:~~t~-ems., ~ ~ ~~ .,ice--ail-~` r%~Y''r" ~ ~~~''F~`Ce..~""..°'C,: ~'~''' l /~ ~"r ~-ri'VY~'L" `.."'~ /.~~t t'".~` .- ~ - ~ ~ `- ~~v~} ,./ "` ~~ e .t4c~_t r ~~ ,r, j..~'li.vL~f,ri~~.~-'~i[.f-r,/~/~0.~ ,~c:LU~~~..,~.. ~-~.,o a~t..~ ~~`~.-~:,N.-c~l.Z-~.~C ' Dry.-',w~, J ~~ `Y`~`~'~'4 ) l..~-''~-G'G'ti~ -'c':-"1,2d-n,`- ~-r~ ~Gf ~'~'/,11~L ~ {- ~ ~ r`. ~ ` ~ ""`V /~._,,-,.~.~-i.. , ,~~...cL1-'-~-t~:.. ~~~:~.. ,,~i„'_'1G~e~-~.+.-~L ,,,,`~I'lr-ec, t,C..r M~ `~ /li"~ ~'Ll~`zA~4._., tC_ G~-s'~, .,~~':-"'~"-T-.r° ~._;.`~ 4(.c'Y![ai'.eGet-~Z.G.,1~. ~ u ., i~L- ~ u-~-~, .,C,1,o-rLLc ;~ ' `_~.. ,,~.~L. ,~.-a; rk=~L~u- ,: c~ .~ " _ `. /-.z~ GC ~rt.-tit ~-~"-t.: .%G~t,G~. ~a~~ ~., 7 -- JJ ~~ , ~/~/~C..CL ~ n./ 1.C"YY'~-+ ~'LS-r.C..-v~-U X~f'°clY'~-l~ .i~Yl.l. - ~~t'Ld/t.~.. /YL"..~-Q., ~v`--~ l~-uit -~ (7~~~.,a .~-tic"; ~,,t,^..l`: ~ L ,c~c~:r~ c+',~ ~~ L. v Y ( ~ ~ / ~ a C-~, ~%4t~'L,'-Ctt iy~-~'~" G~ ~ f.~sr (~tyt~ k~. .LL-~--t~.~l.i /Q~t.i. f~ rvi~.,l..~ ~y(~-' A : ~..,:.~f ~ . z--r~-c4 i7"1{til. ~~,~.~.z ~ ~O t,L,tL„ ~ LL-tits' i, ~` ~ ~ Y /L,'Vli(`ktC.zk„ .~iri-~ ,r t.`-~~~. ,~',~,-t,c.t...C.., %.~~~'~--•:.~,f''~ ~~ {; ~~ ~~ ;~ ~/,~ ~ l~'YVt~rru,.a-Q.,c.4.,'""' ~~` ' (.d-rti-, ~-,,~~~ ~,g~?-u~. tea.. ~, ,~., yj. i~~~n~ GL C~ -! a ~~ ~- ~,~ ~ .Lift,.(.,,°,~.t:"B L~" )l.i.t,cQ:,r,~z,, ~ f l r c~ f (~~ 1 ~~.~ ~f-~t.et.:~.~....: ~e~-t /C,-l~.t`-~.~; ~ ~ ~Gl...~...., ~~ ,t,L ult.'-~ ~~ .. ~-~ ~_ < i ( ; - °~. Ls'Gt..~,+.s.~A_..+-3 .1....y-Fr !~-7'-~c ~C~~~'.. ~ f` iI %. .; ~t~. ~•~ ~.~ ,~u-~t.-3(,.c ~'~., F-~ POT*ER LAND SURVEYING ~~ Surveying 8 Mapping • Planning 8 Design • Bounds Consuitin •''"""' P°""' ~ s rY 9 a'~rxsa~.raaus: IJ May, 1985 Chairman Spencer, and fellow Commissioners Meridian City PIanraing and Zoning Commission City Hali • . Meridian, Idaho Re: PLS Fite No. 85-121 City Anneantion mid Zoning of that certain parcel of Land in the S~, NW1, Section 8, T.3N., R1E.,'B.M., requested by Mohammad Aiidjant. Chairman Spencer and Fellow Commissioners: My Name is James V. Potter, principal of Poster Lurid Surveying. T reside in Carden Valley, Idaho. My Business address is Bos 4403 Garden Valley, Idaho 83622, and my Business telephone number is 462-3232. I am spearing this evening on behalf of the East Meridian Property Owners Association. I am a Licensed Lard Suveyor, registered (n the State of Idaho, and have practiced to the fields of Lard Plmining and Land Sirveying for more than thirty years. I Lived 6i the Meridian area for more than thirteen years, and maintained a private practice ba the City of Meridian for several years. Through my Local residency, private practice, participation in the Meridian Chamber of Commerce and Citizen Advisory Committees, I have gained a ,general loaowledge of the citys pions for,growth, Further, I have been personally involved in several of the turd development Dimas affecting Lands fn the near vicinity of the proposed annexation. I am, therefore, very familiar with the specific area, the present and proposed Lard uses. fi appevring on behalf of the East Meridian Property Owners Association, I represent more that 50 persons, all of whom reside within the City of Meridian's Area of Impact. As residents of the City's Area of Impact, they believe that they are entitled to fair representation on, and before the City's Planning and Zoning Commission. Their belief in this right is Dared upon Idaho Code 67-6526 (f), which states, in part "If the area of impact has Deen delimited pursuant to the provisions of subsection (a) (1) of this section, persons Living within the delimited area of impact shall be entitled to representntion on the planning, zoning, to the planning mrd zoning commission of the city of impact Such representation shatI as nearly as possible reflect the proportion of population living within the city as opposed to the population living within the areas of impart for that city...." They believe this subsection to apply in as much as subsection (oJ (1) has been complied with, in that..."Application of the city pimr and ordinances (have Dees) adopted ruder this chapter Lo the area of city impact.." Therefore, mid in light of the above cited codes, my clients believe that the questions raised concerning their city residency at the public hearing on Phis matter on 8 April 1985, Lo be a mute point. As indicated to you to the home owners petition filed with you during the above referenced public hearing, My clients believe that the City's favorable consideration of this annexation and zoning request, would be to their personal grad financiat detriment, they believe that the futility planned /or the site would materiatiy and detrimentniy affect their personal enjoyment of their own real property; and would Um(t the alternatives for the future use of their Iand. This iimttation, they believe, will significmrtly reduce their maticipated profits from their lands when they desire to se1L 13 May 1985 • • 85-121 Meridian P&Z page 2 After carefully reviewing the proposed land use, historical data concerning similar operations, and the present and proposed land use plans of the City and County, I believe that my clients have reason for serious concern. Based upon this research, I believe that I can demonstrate to you this evening, that an approval of this application would be detrimental to The populace, commerce and industry within the City's area of impact, the City, itself as well as the concerned citi-Pns Bodging this testimony of opposition. I have prepared a composite map, showing both the City and County zoning surrounding the subject property, including thereon certain preliminary plans which have been approved. This map provides a reference for several sppecific issues which I would like to address. ( Brief explaination of map given ) Notice, if you will, the established pattern of zoning and Land use. North of the site, there is a residential zone only 200 feet from the site. Northeast is some agricultural land beyond which is more residential and Light Industrial To the East is Light Industrial The Light Industrial to the East and Northeast, is of specific consideration, since this property is planned for a Business Center- invoivinq, perhaps high Lech. industry and certain allowable commercial uses. To the South and Southeast lie more agricultura[ lands, beyond which is more Light Industrial Southwest of the site, is more Light Industrial To the West, and Northwest, is the Old Towne planned development comprehen- sive plan--a concept plan for twentynine individual properties , coTMiprisinq 188 Acres, previously aporoved by this Commission and the City Council At first glance, it would appear that the present request for annexation and zoning as Light Industrial would be compatible with the City's overall plan and with the area's established trend. On the other hand, a closer examination provides several sound reasons why this property should not be considered for Light Industrial Zoning; especially for the intended use specified in Lhe application. Your attention is drawn to the deridian Comprehensive Plan, Goals, page 8, goals 1 and 2. " to preserve Meridian's environmental quality....improve the total natural environment ....to insure growth and development occur in an orderly fashion..." and in Goal 10 " To create an Urban Service Planning Area which is visually attractive..." Proper planning and subsequent zoning, if it is to accomplish these goals, must look to achieving balance of land uses and the bulk area of Lands contained with each zone. In addressing this area of community planning, noted authorities Joseph De Chiara and Lee Koppelman, cite the works of still another authority, George Nez, in his book " Standarcls for Urban Development", published by the Urban Land Institute. In this volume, Mr. Nez states that studies indicate that the "Total Gross Land requirement for all industry"..in a city, is.."12 Acres/1,000 population; and that the "Land require- ments for Light Industry"..is.."2acres/1,000 population". In addition to the present Land requirements, Mr. Nez addresses the matter of reserve for future ,growth. " Requirements for industrial land reserve: reserve land for minimum of 50 years future growth". The 1980 census indicated that the City of Meridian had a population within the Ciiy of just under 7,000 ;and approximately .9,000 in the City and that area now within its impact area. This in city population was down 12% from that projected in 1976. Using this as an adjustment factor, the Ada Planning Association corrected its project- ions for future years. Their proiection for the year 2000, is now 25,150. If this straight line projection is continued fora 50 year period, it would result in a population 13 May 1985 • • 85-121 Meridian P&Z page 3 of 50,500, in 2035 AD. Thus, on this basis, Meridian's present population requires approximately 25 Acres of Light Industrial; in the year 2000, our needs will be approx- imately 50 acres; and in the year 2035-50 years hence- approximately 100 acres. In contrast to this need, the City of Meridian, and its impact area, presently contain 1100 acres of lands zoned Light Industrial If we compare our available reserve to the regional needs, there is still great disparity. The present population of Ada County is 197,000, and Lhat of the entire Treasure Valley approximately 360,000. Thus the current needs of light industrial property in our region amount to under 400 acres for Ada County, or just over 700 acres for alt of Treasure Valley. In the year 2000, these same populations are expected to reach X89,000 for the County, and 550,000 for the valley, Thus, to 2000 AD the County will require a total area of 580 Acres and the Valley of 1100 Acres of light industrial Meridian could fill these needs, even if there were no other Light industrial lands available in all of Treasure Valley. In contrast to our available reserve, an inspection of those lands thus presently zoned, will show that the actual need--as demonstrated by fhe acreage developed, and in use-- to bevery near the guidelines for good planning, given by the authorities cited. Thus, on the basis of available reserve vs. present and projected need for Lands within the Light Industrial Zone, I would suggest to you that there is no vublic need for further lands to be thus zoned. To further expand the Light industrial reserve, would merely delay further, the other lands thus zoned adversely affecting the owner's values. The second matter of significance in this annexation and rezone request before you this evening, is its compatibility, or lack thereof, with the surrounding present and proposed land uses. One of the basic tenents of zoning in Meridian, as cited from Section 2-402- A (5) of the Zoning and Development Ordinance, is " To protect residential, commercial, industrial and civic areas from the intrusion of incompatible uses and to provide oppor- tunities for establishments to concentrate for efficient operation in mutually beneficial relationships to each other and to share services." The property owners and residents of the East Aeridian Property Owners Association, perceive that the approval of the subject application would, in fact, be an intrusion of an incompatible use; would not result in efficiency of their operations; and would not be conducive to mutually beneficial relationships. For these reasons, they believe that approval of this application would violate, rather than protect their established and proposed land uses--and the rights appertaining thereto. To assist you in anatizinq this claim against the counterclaims of the applicant, I would draw your attention to the following citations and references: Refering again, to Mr. George Nez, author of "Standartls for New Urban Development, the Urban Land Institute, he specifies certain "General Requirements for Industrial Location: (a) Fast, easy and convenient access to ,good transportation facilities inciudinq rail, highway and air. (b) Reasonable Location with respect to Labor supply, raw- materials source and markets (c) An adequate amount of suitable land, free from foundation and drainage problems (d) An adequate and reliable supply of utilities: water, waste water, power and fuel (e) Protection from encroachment of residential or other land uses (f) Location so as to minimize obnoxious external effects on neighboring land uses The Meridian Zoning and Development Ordinance, Section 2-413 B, provides that... No Land or building in any district shall be used or occupied in any manner creating dangerous, injurious, noxious, or otherwise objectional conditions which could adversely 13 May 1985 • • 85-121 Meridian P&Z page 4 affect the surrounding areas or adjoining premises.....". And in the Meridian Comprehensive Plan, Section I-4, under Comprehensive Plan Objectives, it states..." The following land use activities are not in compliance with the basic goals and objectives of the Comprehensive Plan: fa) Poliutinq industries. There is strong evidence to suggest that a Solid Waste Transfer Station is, in fact, a pollutioq industry and cannot be operated and managed in a manner to avoid the creation of dangerous, injurious, noxious, or otherwise objectionable conditions, as called for in the City's Comprehensive Plan and Zoning and Development Ordinonce. The first piece of such evidence is drawn from State of Idaho Code, Title 31, Chapter 44. This taw provides that all solid waste systems--other than those established and/or maintained by a city--shall come under the jurisdiction of the Board of County Commiss- ioners. It also provides that all solid waste systems be located, maintained and operated in accordance to the rules and regulations adopted by the State Board of Health and Welfare. The Board of Health rules and regulations stated purpose in governing this activity, is..." To protect the public health, prevent nuisances, prevent saftey hazards, prevent pollution of water and air, prevent excessive Land abuse..." Section 1-6001.01. These rules specifically include a solid waste transfer station in the term 'system'.... "Solid waste management site means any land area used for storage, transfer, processing, separation, incineration, composting, treatment, recycling, reuse, or disposal of solid wastes." Section 1-6001.33 These rules further specifically define a Transfer Station, as follows:.."means a fixed or mobile facility used as an adjunct to a solid waste management system whereby solid wastes may be recompacted or otherwise processed and transferred from one vehicle or container to another for transportation to another place." Section 1-6001.36 Further, section 1-6013.01 requires that "Transfer stations for solid waste shall be operated under a conditional use permit issued by the department." To obtain such a permit, these rules provide that ..." Plans, maps, specifications, and a report on operational proceedures for solid waste management sites and facilities..... shall be submitted to the Department for review and approval before any construction or operation is begun..." Section 1-6005.01. Regarding the criteria for issuance of such a permit, the rules state......." To be considered for qualification of a conditional use permit, several of these conditions or circumstances shall prevail: subsection (1)..... "Extreemely low population density in an isolated area." Section 1-6005.02 (b) (1). This process is conducted as a joint endeavor by and between the State Board of Health and Welfare and the Central District Health Department. The review is designed to insure that the environment is protected, thus protecting the general public. A review of the referenced legislation and rules and regulations, indicates that a solid waste transfer station is not considered as normal Light industry. It has certain aspects which require it to be governed by a State Conditional Use Permit. These aspects, are clearly defined as its potential for environmental poIution and general health hazards. This would indicate that such a facility is clearly considered as a poluting industry, and as such does not meet the basic goats and objectives of the City's Comprehensive Pian---that poluting industries are in non compliance therewith. Further, a careful review of Idaho Code 31-44, would appear to indicate that the Location of such facilities within the corporate Limits of a city was not envisioned, since the operation thereof was left clearly under the jurisdiction of the Board of County Commissioners. 13 May 1985+ • 85-121 Meridian P&Z page 5 In reference to the poiution capabilities of solid waste transfer stations, you have been invited, by several of my clients, to visit the site at 2785 South Liberty Road, in Boise. The operator has indicated fo my clients that we should not use their facilities as an example, as there are better operations. However, the important fact about this site, is that it is apparently operating within the norm considered in the preparation and promulgation of the State Board of Health's rules and regulations. Their conditional use permit has not been cancelled, nor their operation suspended. It would also appear that Ada County Board of County Commissioners, under whose jurisdiction they operate, are satisfied with the present practices. It is important to remember that these same regulatory agencies will be jurisdictionaly responsible for any such operation in the environs of Meridiatt. In defference to the operator of the Liberty Road site, and his opinion that there were better operations to use as examples, 1 have contacted other governmental units in our adjacent states to gain first hand knowledge of their operations and associated problems. The most in-depth interview I was able to obtain was with Mr. Dave Nyblom, Manager of the Solid Waste Department, Public Works Division, of King County, Washington. This contact was made on 7 May 1985, and Mr. Nyblom was most cooperative. His observations and recommendations concerning the siting and operation of a solid waste transfer station are as follows: General statistics and operational problems regarding Solid Waste Transfer Stations Assumptions given concerning proposed Meridian operation: a) 20 Trucks per day, hauling an average of 5 Tons each of compacted solid waste b) 100 Ton/day operation with room for expansion c) possible public access for delivering waste to transfer station General site requirements a) 8 to 10 acres required for 100-150 ton/day operation, plus additions! space if overnight parking of trucks and/or truck maintainance is to be on-site b) Site should be surrounded with cyclone fencing to reduce litter problems c) transfer station should be in an enclosed structure of concrete or metal-- wood structures more easily infested with rats, mice and other vermin. d) Facility should be served by central sewers. Wash down water is often highly toxic, and the concentration of solids therein makes septic systems subject to early failure. Optional, is an on-site waste treatment lagoon General siting requirements a) preferably no residences within one quarter mite b) pre ferabiy no residential developments within a thircl mile c) preferably no commercial, technical or office space within one-half mile d) should be considered as a nusiance industrial use, as far as planning and zoning e) best placed in area with low land value for any other use f) best adjacent Land uses are: Truck,/Transport terminal, Gravel pits, Concrete or asphalt plants (King County tried putting one in a warehousing zone, and found the results to be very unsatisfactory) 13 May 1985 • • 85-121 Meridian P&Z page 6 Environmental concerns in siting consideration a) Traffic b) Noise c) Qior d) Dust e) Litter f) Lighting g) Wastewater Disposal h) Visual or Asihetic i) Rodents and other vermin General Operational Problems a) Greatest operational problem is public access to transfer station. Public's transport of waste causes greatest amount of litter. They also contribute to traffic problem, and are a significant problem to the operator. Beattie, Washington has been sued on numerous occasions for the public getting hurt on the premises. Estimate that nearly two-thircls of Lhe operational problems are associated with public's access to the facilities. b) Traffic can be a significant problem. Each coIIection truck load represents two daily trips on access roads. In addition, each three to four collection trucks represents one transport trailer load to land fill, resulting in two more trips on the same access roads. Pubtic access to the facility exaberates these traffic concerns. c) Odor is a significant problem. Transport trailers must leave for Land fill within a very few hours of loading. Facility washdown also creates additional orors. If the facility cannot be Located in an area remote from higher Land uses, a spray system with dedorant feed is a must. d) Noise is a major concern. The operation of the re-compacting unit, while the most constant noise, is not the greatest. The unloading of the collection trucks, and dipsy dumpsters creates the greatest noise. Even with an enclosed structure located on 8 to 10 acres, the noise level at the property line will often exceed 90 to 100 decibels. e) Dust is the most prevasive problem. No good answer for dust control has been found, according to bfr. Nybiom. Moreover, the problem is not simplistic. The dust often contains contaminants including certain construction material residue, household and agricultural pesticides, etc. Proper screening by natural topography, or other means is best available control at present. f) Litter is a continual problem. Even in their best operated transfer stations, there is a noticibie increase of titter within a quarter mite radius, and will be noticibie along transport routes to the transfer station and to the land fill. g) Lighting can be a problem for adjacent land uses. Waste transfer operations require very good lighting for proper operation. Estimates that plant needs about 50% more candle power than other uses in any industrial zone. h) Wastewater disposal has been addressed above, but its toxicity should be stressed. great care should be taken to insure that site wastewater does not enter shallow groundwater acquifiers. i) Visual or asthetic values should be considered. Presence of solid waste transfer stations in close proximity with other land uses has been found to beunsatisfactory, except whrn located in association with other nuisance industrial uses. j) Rodents and Vermin have not been a significant problem with King County, in view of the fact that Their Health Department maintains rodent and vermin bait stations surrounding each site. These are monitored, and when necessary, an area extermination program is conducted. The transport of rodents and vermin to and from the station, in loads of solid waste is greatest concern in this area. 13 May 198 • 85-121 Aeridian P&Z page 7 General Recommendations a) keep away from higher Land uses wherever possible b) install horizontal ram type transfer trailer units-- no vertical toad system is litter tight c) Biggest complaint from public is increased litter and odor. attendants must pick up litter on a daily basis, and must use some type of deodoran t spray in washdown operations d) Protect operators and the public, insofar as possible, from the air borne dust which is often toxic e) siting of structure important to insure it doesn't operate as an air tunnel distributing litter f) keep public out of facility if at all possible g) make sure that land fill operator will provide additional turnaround and unloading areas h) King County Transfer Station to Land Fi11 trip averages about 45 miles. 10 mile transport is considered minimum break even transport trip to justify transfer station. i) in siting, consider it a nusinance industrial use, because this is how the public perceives it. To assit you in considering Mr. Nyblom's comments, and their relationship to the site now under consideration--*_hct is, the effect on the environment and the socio-economic values of the City, its impact area, and the property owners of the East Meridian Property Owners Association, I have prepared an overlay to the composite zoning and land use map. The first item of consideration is traffic. The comprehensive plan of the city, states that ,,,," Access to industrial areas from collector and local streets should be discouraged." SectionlV, Industrial Policies No. S. Locust Grove Road is considered a minor arterial; however Locust Grove cannot be accessed continually without passage over a portion of East Pine Avenue, which is classified as a Collector, Further, the stte has no public road access, but is proposed to be served by an easement. Traffic will increase along Pine Avenue principally, as the most direct route from the city to the site. This will be particularly grevious if public transport of solid waste is permitted to the site. As an example of this problem, Snohomish County, Washington operates three transfer stations. At the site most nearly compatible to the one proposed, a 200 ton/ day station, they expect an average of 500 to 600 private vehicles a day during the weekends. In addition, the transport vehicles used by both King County and Snohomish County, have a loaded gross weight of approximately 40 tons. These loads, the increase of traffic--together with the present concentration of School District busses in the site vicinity could result in premature failure of the base materials on the streets subjected to this increase. Further, the fact that the proposed site is accessed by an easement, rather than a public right - of- way, appears to violate the intent of the city's Comprehensive PIan and Zoning and Development Ordinances. A privat? stroot over an ea3~arrnt seems inappropriate to an industrial site which will serve commerce (c ommercial solid waste c ollectors) and the ,general public (persons deiiverinq their own solid waste to the station. The second item of concern is the noise factor. King County has indicated that the noise generated by their facility is in the range of 100 decibels at the property line. Based upon this assumption, then noticabie noise polution will exist for nearly one-third mile from the center of the site to the point at which the decibel rating has dropped to 50. It should be noted that the normal household noise level is around 40 decibels, so that even at this distance, the noise of the operation would be descernabie. 13 bfay 1985 • • 85-121 Meridian P&Z page 8 Odor and dust are related problems, in that they are dispursed with the wind currents. The Annual Surface [Vind Rose for the Meridain area, as published by the U.S. Department of the Interior, indicates that Meridain air currents are traveling at 4 to 15 miles per hour, for nearly ftft:y percent of the time.'. veloci-ties of 16 to 31 miles per hour _ ten percent of the time, ana under three miles per hour for the remaining 40 percent. This results in an average wind velocity of 8.4 miles per hour. Twentyfive percent of the time *he. ~.dird is from the Northwest, and twentythree percent of the time from the Southeast. Thus; any dust or odor problems and liter carried aloft would be expected to concentrate in the direction of these prevailing surface winds. For the purpose of demonstrating the effect of the wind carried litter, dust polutants and orciors, we have delimited the area affected within a two and five minute range at the average wind velocity of 8.4 miles per hour. This area of contamination can, of course, be much worse, depending on the particulate size of the material and the velocity of the wind . The litter problem, is directly associated with the visual or asthetic values of the local environment. Again, using Afr. Nyblom's comments that there will be a visual difference in the amount of litter within one quarter mile of the facility, and along the principle transport and collection routes, we have deliniated the-area potentialy affected by the proposed Land use. Waste water disposal, and its potential effect on the shaiiow ground water acquifiers, is of major concern. Both Mr. Nybtom, of King County, and Mr. Costa of Snohomish County, stress the mandatory requirement of central sanitary sewers for disposal of process and wash down water from such a facility. Both stress the problem of the waste water rapidly blinding out a septic type disposal system, and Mr. Costa, in particular, stressed the effect of a septic disposa,' system on the ground water. He points out that said waste water carries large amounts of leachates, oil and greases, and common household pesticides and herbicides. The Meridian Comprehensive Plan and Zoning and Development Ordinances recognize the potential effect of industrial uses on our acquifiers. Section 2-408 / 12 of the Zoning and Development Ordinance states "this district must also be in such proximity to insure connection to the Municipal Water and Sewer systems of the City of Meridian." And in Section IV, Industrial Policy No. 13, it states "Industrial uses should be located where their generated water can be properly treated and pretreated to eliminate any adverse impacts upon the city sewer treatment facility and irrigated Lands that recieve industrial runoff water." And under Policies, page 4, Sewage Facilities and Service, item 1, it states "ail new subdivisions, planned developments, and Large commercial and industrial development projects shall be required to connect to the municipal sewer service." and under Municipal waste treatment, policy No.2, page 69, of the Comprehensive Plan it states "the City of Meridian shall assure that any industrial or commercial discharges to their public wastewater treatment facility shall provide pre-treatment as specified by their NPDES permit....." While it may well be the applicants intent to extend the community services to the site and provide for pre-treatment- no evidence of -this has been made available to my clients. This is of particular concern service the ,ground water on the subject site is extreemiy high, preventing even most agricultural pursuits. In this reguarcl, I would note that on page 71 of the Comprehensive Plan, it states "the City of Meridian wilt encourage and support studies that will determine ground water quality conditions for the purpose of protecting the publics' health and will determine mans impact on the groundwater aquifiers." 13 bfay 1985 • • 85-121 Meridian P6cZ page 9 Based upon previous studies, Meridian is aware of the fact that our shallow ground acquifiers flow generaly to the Northwest, following the patterns of the areas irrigation and drainage facilities. This was of great enough significance io the city several years ago to prompt it to support the "Southwest Ada County Building and Development moritortum. The concern was primarily based on the infuuence of the great number of septic systems in that area on the wells and surface waters in Meridian. Less than 300 feet Northerly of the proposed site, the Cresson drain carries shallow ground water drainage to the Northwest This source could carry contaminants to wells Located in that direction-particularily in the Carol subdivision and surrounding lands. The general area of influence hos been delineated on the overlay. The problem of rodents and other vermin, and their potential disbursement from the site, cannot be readily mapped. However, the potential health hazard is real Left unchecked, this problem could result in the vermin spreading out into surrounding areas, particularly Southeast and Northwest, where their travel would be aided by water course travel along the existing waterways. On the other hand, proper esiermin- ation measures carried forth could mitigate the outward disbursement, but at the same time result in dead and dying vermin being consumed by household pets, thus spreading the hazard of any disease they might carry and the pesticides used to exterminate Lhem onto the surrounding properties. This is, no doubt, one of the principle reasons why the criteria published by the State for these facilities, recommends a remote very low density area with goad drainage. Lighting, is a lessor, but still important concern. You will recaii that Mr. Nybiom, of King County Washington, states that a solid waste transfer station requires approxi- mately 50% more iightinq than most other Light industrial uses. In this requarti, the Citys Zoning and Development Ordinance, ~ctim 2-413. B (1) (f) states "No direct or reflected glare shah be permitted which is visible from any property outside an industrial district or from any street." Based on the foregoing analysis it is difficult to see how the applicants proposed use of the site can meet the following criteria of the City Orclinances: "to protect residential, commercial, industrial, and civic areas from the intrusion of incompatible uses........," Section 2 - 402 , 5 Zoning Ordinance, and "Industrial uses adjacent Lo residential areas should not create noise, odor, air pollution and visual pollution, greater than Levels normally associated with surround- ing residential activities." Comprehensive Plan, page 17, Industrial Poltcy No. 6. In, Summary, my clients believe; 1. That there is no justification or public need to rezone any more land as light industrial at this time. 2. That the proposed annexation and zoning, and stated use, would be in conflict with established and proposed land uses in the area. 3. That the environmental and sotto -economic effect of the approval of this application would result in a taking a value from them. 4. That any action by the City, other than denial, would be inappropriate since the applicant has not; (a) "provided a detailed economic analysis, so that specifics of ...plans, designs and development will be known ...." as called for under the Industrial review area guidelines of the Comprehensive Plan. (b) applied for consideration and approval of the Ada County Board of County Commissioners, under whose jurisdiction he must operate. 13 May 198 • 85-121 Meridian P6cZ page 10 (c) Applied for review and approval of the Central District Health, who may specify certain approval conditions, such as groundwater monitoring of the site prior to approval (d) Applied for a Conditional use Permit from the State Board of Health and Welfare. Finally, my clients would Fike Moe to know that they appreciate the service that he provides the community, and they applaud his efforts to improve this service by making a very substantial capital investment. They do, however, feel that Moe has done an inadequate job in the site selection and in pursuing the necessary permits and approvals. qr.t~~. A • • ',;e c:;L tarlciur:}i;_;ncu. Uciri, scsia.crlt~ ~1iu or prtJ~er~;y o~aler;i c~::~~_e i:ti;T'i (11.±21'v=. t;y% .e }TS,(.iflCfi :.Y't; U-'. OLU j3USG ~Ii'.. ZO-1G7.iir~ TBCjUG i~ft;:3 vta'i, EiCt U".' J..~......_ .lA ;~1:t. t.,j zurli ~~lT' ti'i C. ~) Z'~~I. a21 ti:'.- S~ U~ 'G~ E: Iv e~~. t) AGG'G1 Osl "S ~'i °J Yd f 1~ ~. IS•! 7~?}3.H:-1'i3 G'll. cliwn! :'.Cl E1 Ii OLL11 "G ~, f .L C'l:zI10 ti?lf; t'. :L f3 Ii?Oi'~t ;..u: 17 ~r~ 1'lilt3 ;.;'~• r„[;TS(:l _:113 l.CI E'.'L103 UTl ~".;. i Slt.o i't tET~~ a'X'Ot2l_ :i t:.; t...t T.i.•.: i~_'U J:i (; i. i:'.:3e 0'~ ~Y't3c. ~'. I)S'OI.~C%!.`ti~F t70U1tI. UY' G0111. (): Cis c..., (:iCt .L1J i:~:. isC:'~: ~.~ iIu .1! ,_ 1~9 u; ~ 1iv~riiliG~;~ cuL do x);,.,_ol:: U_: u:: ~. 11_;_. .ulc i[t;'.G _ ~ ~b'~c 'cracku :.~)t- r,~.a '~~_-_n,ci•~r ~'~~.~~.;,1t.~:.f -.- ;.c.< c..i t,Y1~,1 ,.,t.i ~~u ..tit: ~S".'.~~~.10 JX1 ~+.i~ C(7Ti!1..L u!+>r', T'J iCi :::e .I.11 2"i. ~~U11i; l~Z':il ., Ci l::.. '. .~1~. ;iS C6i11d 1•c'4.U.Cc ~Gi1 t3 81~~C:Y'rli'v iVi; ".1 _.. ... 7. •~:. U,;.'_• ', ...1 G<: '_ .,. Uy __~~ L; _, .._ t :+. ., 4:.. t6i ~ ~,liw1't:U~ C't._. t):C 1.Vt: its 3 ., it ~: t131 Cr 3':::'.'t .. :u 3 .. .,i~c rYz.::>; of C.*.31~„ ;;c z=cup'"u t.., :,cat ~_.:d rno.,t p~. i„::;~1>; u:-,; J.,,, 1: ita. !" ' ' ;~,,.., .., ti_ , ~•~~~ `7-~ V ~la~f ~~~ ~, ~~~ ~~' w1~-~~LyC_ ~h~-- ~~t a.~~Z ~3~ yz. ~f3~~~- ~ ,, ~ ~ ~ 7 ~~ ~ ~ , , ` r_" ~ ,S _ ~,.< C%L-< .~ ~~ _/ _ - ii~E c ~~. "., V /. c~-Y-~~, S , ~~ ?'~ t:-~-t,YL-cam' L ~..~iC/'^ '~~~ ~ i ~~~ih~~~r f ;-'r~fh .<-~ ; ~C ~._ t l ti` -;:ice Vii, <• ~ ~ _ ,~ ~ / ;? .~ ~.. ' ~~t`~ i r- F),'r-c ~~;~ ~ ~~-. _ r'Z~~ Sys ~. t_ ~. ~, '~ 7 ~ f'-,-.---1 °~y y .e,iti~ ,. 43' ~ ~ - x 3 3 ^~'- Y Y S ~° i 4/ / _; ,. _ ~ ~_ << _ ~/~~~ ~ ~o~~ r ,. fn l [^ ._.. ~i ~1 / '.., .:'~~"a r j is ~. D ''~P .f . w 'Xi .... N %1 -, =,~<.~. /'V i.,y: ~CCe~ P~'Y+-~. ~<{l0 ..Ga/i.G~ ~ J/ Ct{~1,.7 0.' ;~n/J~. ~,~. ~/4 ,~:~~ k ,fir .~~~~~ d I,~en ~~ & ~. 7'~7,~h ~-~..-Lc~- ~` I~ ex_c.~..c. /~~Ja G~ i~a.,a..r.-C~- lis .~~~~~-y1.ct~wY~..- / 90 5'C~ ~ ~~ ~ y s. y~. ~.~~~~ ~. ~, yam. ~93~ f ~~~ ~ ~-u ~~.w ~3~ ~:.~ ~~o C~~p, y~~.~ ~~~~z 7 5~ C~~_~ ~ .-' ,,~,z~,x'-cam-... cf ~ 6 y_Z. ~5" GG! LEx ~ ~~~.~ - „~~/.~¢~/c~--=~ X3'6 Y ~ I Si~C_ ~,~ 5i /j `;'ti'~.rA.~4.a:-V.- b d ~ ~5 x ~-nY 64So~- / / J J ~G~~~-~J'C . YP j~~p/~yi(.,~~p-0~-~-' 2~ D O 'b! ~~ «.~ ~ @-~~ ~., 11'l +Gn..~. +W-Aic~- ~i~ ~~ `-~~? S 2 pus ('l~~w~ ~-~~.~~~~, ~ ~~~8 -, ~. - ~'6 ~~ ~~ue~~ 'i:~z%o~ ~ te~•.ri"_ra.o~ / ~ 11 4 O ~ ~GJ ~! -' r, ~~~E _tGt -~ «.;~ ~ z- ~ '- ` ~ ,-- ,,;. L, o ~ ~~e.,..~.~~ `~?7 .emu ~~ ~ s ~ - ~ ~ ~/ 3 ~ 9.~ ~~L~,~ u e S ~ ~ ~ s / Z> z9s ~ < g~ g-~ s~ o -- ~::,~, '~.ic f..1. E1 l ~lx;.: :::i >,tl di., F,.O e.P:?. Y(3S1Q _.. ~.; 'u.11Q 0:'"' j.) O. ~.:ti~/ O\,S1~ST'a 0:~. v5. i; i~.iui' , (: L.. .11 v1 L;- l.. lr'~C-~ a :; £1 O .`{, .S it 1,:1? ZO]1 E: L21~~ l..~U~::1t a cC3 ElYi ~C: Ci _Nor''~ino o ,~', o ' cle 11 .;~. o~ ;;c ~ic,Yl u, by ;..o t ne.d _irx' j..ni Po:;~ ;;n~ , ~~ 3 ~;, :, 1~., ~oiae-~:.eridian, :.dam C;o~flxty, ia'~ho r;k_ich is kno~~n as: 1.7 d.~ ..,-~~ -'~. 8 ;;t. 18 t1Q1 c.ll, 1C,....._,^~, OI7. t,:_c ~ C'::'-i: ~ l" ~OLliiQS t~L'J."G ~.: _ p ~ ' t12 : 1 C )0: 1.G .~ .. .. i,a La7 O-?cI ~; :iOU.LQ Or OOU.~ Q U o:.~ t,1C ' ! l~~ ,:_1_ 8C t]l rri ~t '. 1_i"'~~r O_~V11f(: .1"i.. C1 11 Vu.1Ji ~i ~''~ UUc v0 1iOS`:l YJ ~"(i OG;ir :_. U~. 2101:; E3 allQ :j,l J 1'~i<'Oli „dF it ~.(~8 Lf'1ZC.~S t;;t Lii. c'. ~Y ~. 1alC~" Ol ULt 3.Z10Y1., d.~ ~:v!_1 ~i:> Ll ,c : ~1~~ i~l"c .]u ~,~.~ .,o_ul;;etillg roc~dU. ]n l,t~e 1o12r~; j,~]'r~:a ,~.!Ci! L`l1S]"' 6': S CO :.l% :f 8C1 t1CC iiti ~. 1:."L~;cP111 1. ~aV ~. U..., c`S .w. ~ '7",11Cr1 OAr .,. d, ~, :ren ~_e; i u , ne ur~o"c°>ir•n~d, i.!G it ~ ., - Ci10.-iCc -GO ., C+~2 ~, a c.:, a ll: L 2)l i) .. ~~ nl2 -~dSEJ Ct OZ,LI' l~~llc:. IjCG'L Y~C,'d`:3~~Y.~~vz~-~<"L-NYC {r ~ Sc~' C~ .-ljECX'YZ~-y~.'K ~T~c~ . {/~rG~GG~iCa,rl ~ c~fl~;~' _~C ~2.- c F~LC ~YLt. L~.:~~.% .n~ ~-, .~t',~~-,c'8--~ '(~ ~; !.4; 2..c,;;(-kt-.ti: J-.:~C ,; ~titi. ct- ,..i ~-. ~ ~ .` ~.,~ ~~~ "/ r'.. ~ ~ }~°' 1 ~ LC~~(/~fl /a~A'. ~~'I~( '4"c. L.~C k x. ._ ~'!L ~/.~(;;•~?.~.. ~.`/ i I t Gt ~Y~L~.'~ / L ~~C/V/ ,~ ~-~~ ~ !~G` ,,.-.^`" Sai Sri cn~Le ~d ~o~-~..~:_ ~~ 23GyL ?/J /~ /~1 C~y$/.~~~ ~2"s ,.rte G-'-~-' .~S'U ~._r<~ 'sdd'~ l~ r ~ ~ ~ ~ t~. 5 L Git ~ ~ ~~C ~ ~~ ~F~ ~~ ~~ ~~ ~.~,- ~{ ~/~ .~ ~~ ~~"~ Vim- ~df".%~~y ~,~`~d~ %~~,~e<,C~.~,v ~/ • ~a.~ uT,[.u-~ ~ a ~ 5 ,way ~' 'Aj~ reed ,,~~0 ~ ~G y~- ~it,9it~_ ~%r~il-cc~~t~ /t3~ ~%/~!ucd- d"''/ j~~Gf.1~.'<u. :~?~n/ri P3t~ ~/~- Cl,~-,-,z• ~~~'~, 1 3 ~S N ~ v-c~ ~r ~u•w-~ Vh.ati-~~~ ~+'~w ~3 ~ Yt_ ~~ 4~~;,; ~~ n 2t << ~~ ~ t ~! n/ , ~~ ~ ~"tip-°-~ ~ D ~~ ~ ~-~ , a~ ~~~~ ~~ ~ ~~~n~~ ~> ~,~ r i i__ i~ t ~~ i L V ^. ~~' i _ i ~` / /`~ > CITY CWNCIL and PLANNIIJG and ZONING City of Meridian • Ada County, Idaho • ORDINANCE 446 VERBAL TESTIMONY of SPEAKERS at PUBLIC HEARING SIGN-UP SHEET i ,, L, ~;,~; ~ ~]'J~RYC'Nr. 1`~:'P SIi3.~ 'P.IS u 3P ~': o. X. PRINTED NAME SIGNID NAME RESIDENTIAL ADDRESS TO SPEAK ~~ L~ r~l ~ ~. !V R ~D ~ ti J o 6~'- ~ ,, ,, ~~ ~ ~~ /B"D s' y' .FhcL V~ o /3 ilRo /!/ oeust ~,ruve_ ~. ~ k~ ~~~ ~ ~ r ~~a-v `~ brr ~ s ~ ~ r~ ~ ~ '~ 6 d~ ~~ s ~ ~~ ~~ ~ .~ ~ ~ .~ ~~ \ ^^ ry ~V J i1 _ fl_ n ~ ~f_11.. ~ ~~C~ .rJC°~- ~~~,, ~I ~~ ~ 2 ~~ ~~~ ~~ ~~ r ~~ ~~ ~ ~~~ ~w~ q'Or~eu/a~ e~a.~ _. ~~~a ,~~~ ~ ~ ~~, ~ ~~ ~~~~ ~ ~~ ~ ~ ~~~-~ ~ ~~~~ ~~~p ti ~~ ~~ ~Gl' ~ ~ ~ Uc/ ?~' ~jI "\ ~, T I~.,. ~ ~~~ ..~~~~ ,~~ /~ /eve C~ f" ~ /~~/7 BEFORE THE MERIDIAN PLA.NIQING AND ZONING COt2•IISSION JOHN L. HAYWARD and JOHN DOBARAN CONDITIONAL USE PERMIT 521 E. 1st Street South MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing May 13, 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'Mleridian having duly considered the evidence and the matter make the following Findings of Fact and Conclusions: FINDIN 6 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 sai public hearing scheduled for May 13, 1985, the first publication of which was fifteen (15) days prior to said hearing; that the matt r was duly considered at the May 13, 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; 2. That this property is located within the City of Meridian AMBROSE, FITZGERgLD BCROOKSTON Attorneys and Gounsebre P.O. Boa l3T MerWlen, Itlello aserx r.uPnonesBaaeei and is owned by the applicant, John Dobaran, and is described as Parcel #3660 of Government Lot 2, Section 18, T. 3N., R. lE., Bois Meridian, Ada County, Idaho; and is known as 521 East First Street South; that this property pertaining to this application is dis- tinguished from the Dobaran/Martensen Conditional Use property in this application concerns approximately 175 feet of frontage along P.1 t~ East First Street/Highway 69 and includes. the exisiting office space in the building located on the above described property. 3. That the property is located in a commercial district, which requires a conditional use permit for the operation of a used recreational vehicle and automobile sales lot 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 Com- mission have been given and followed. 5. That no persons appeared at the hearing objecting to the use of the property as a mobile home sales lot. 6. That the property is presently used for commercial purpos 7. That at the public hearing there was no public comment except for the applicants' 8. That any sign meet the City's Sign Ordinance; that any additional sewer and water hook-up fees be required to be paid additionally, the Nampa and Meridian Irrigation District commented that there shall be no encroachment on their right-of-way and that drainage must be retained on site. 9. That a used recreational vehicle and automobile gales lot is allowed in a commercial district under a Conditional Use Permit, CONCLUSIONS 1. That all the procedural requirements of the Local P AMBRO SE. FITZG ER AID dCROOKSTOR Attorneys ana Couroebra P.O. Do. QT MedObn, belro BDB~t tebP~one DBbaABt Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 ~i feet of the external boundaries of the applicant's property and having obtained the consent of 758 of the owners of property within) P.2 P 300 feet of the external boundaries of the applicant's property. 2. That the City of Meridian has authority to grant conditi 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 conditi 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 con- ditions of the area, the Planning and Zoning Commission specificall concludes as follows: a. The use, in fact, constitutes a conditional use and a conditional use permit is required by ordinance. AM EROS E, I~ FITZG ERALD I BCROOKSTON Attorneys ana Counsebre P.3 P.O. Bor aPl ~ MMEIMi, 10NO BJ6/Z TalpNOne 886M81 b. The use 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 in- tended character of the general vicinity such being des- iganted for commercial uses. d. That .the use will not be hazardous or disturbinq_ to ex- isting or future neighboring uses. e. The property if not already connected to sewer and water lines must be so connected and those services should be able to be provided adequately. f. 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 communit . g. The use 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, nois , smoke, fumes, glare or odors. h. The 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 publ streets and must meet the parking requirements. i. The development and uses will not result in the destruc loss or damage of a natural or scenic feature of major importance. 5. That the Applicant shall be required to pay appropriate rates for sewer, water, and trash and shall be required to pay for any and all connection fees for water and sewer necessitated by his uses. That the comments of the City Engineer and the Nampa and Meridian Irrigation District are reasonable and must be compiled with by the Applicant. 6. That the permit once granted shall be personal to the AM BROSE, PIT2GERALD 6 CROOKSTON Altomaya and Counaalora P.O. Boz a2] Mar10Mn, IENo BBM2 Talaplgna BB&Ibl a} b«.° +. ., H,u.. ., Applicants and shall not be transferrable to other individuals -or property. P.4 APP120VAL OF FIPdDTNGS 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 /~o~ Commissioner Alidjani Voted Commissioner Johnson Voted ~(„~ Commissioner Shearer Voted-' ~ Commissioner Cole _ Wted Chairman Spencer (tie breaker) Voted DECISION AND RECOM:AENDATION 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 Applicants for the property described in the application under the conditions stated herein. 7NmTI ON APPROVED ~ DISAPPROVED AMBROSE, FITZG ERALD S CROOKSTON Altornaye eno P ~ 5 Counselors P.O. Boa 12] MMIOIen, IoNo BBMY Telephone lBBJNt