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1984 10-09b ~ . • • • J` A G E N D A MERIDIAN PLANNING & ZONING October 9, 1984 TEM: Minutes of Previous Meeting Held September 10, 1984. APPROVED 1. Public Hearing: Annexation & Zoninq Request by Leroy Fenstermaker."- (ATTORNEY TO PREPARE FINDINGS OF FACT) 2. Public Hearing: Preliminary & Final Plat Sunnybrook Farms #4. (APPROVAL RECOMMENDED TO CITY COUNCIL) 3. Public Hearing: Preliminary & Final Plat Meridian Place Subdivision #2. (APPROVAL RECOMMENDED TO CITY COUNCIL) 4. Findings of Fact & Conclusions: Annexation & Zoning Request by Upland Industries on Johnson Property. (APPROVED) 5. Findings of Fact & Conclusions: Annexation & Zoning Request by Rex Harrison. (APPROVED) • MERIDIAN PLANNING AND ZONING The regular meeting of the Meridian Planning & Zoning was 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: Lloyd Howe, David Carmack, Becci Carmack, Leona Price, Sara Ewing, Thelma Fothergill, Larry Grensing, Brett Stigle, Steve Gratton, Al Lance, Keith Borup, Linda Schiller, Jeffery Schiller, Wayne Gibbs, Wayne Crookston, Leroy Fenstermaker, Ida Fenstermaker, Raleigh Hawe. The motion was made by Morrow and seconded by Alidjani to approve the minutes of the previous meeting held September 12, 1984 as written. ITEM #1: Annexation and Zoning Request by Leroy and Ida Fenstermaker. Mr. Alan Lance was present to represent the Fenstermaker's request. Mr. Lance presented the City Clerk copies of the certified notice to clarify any problems with residents within 300 feet of the property receiving notice of this hearing. Mr. Lance advised the Commission that Mr. Fenstermaker had aquired this property in 1971 and the build- ing was built in 1973 and building was destroyed by fire in April of 1984. Mr. Fenstermaker has continously conducted a automobile repair business from this location since 1973. The property directly to the East has been annexed to the City of Meridian with the front portion zoned Residential and the rear portion zoned Light Industrial. We have submitted a similar request which would be basically identical to the contigous property on the East. The property to the West is in Ada County, property to South is zoned Light Industrial and the property to the North is Residential. Are there any questions of the Commission? Alidjani; was a building permit issued in 1973 at the time of const- ruction? Lance; It was not, Mr. Fenstermaker obtained the services of a professional building contractor and he did not purchase a permit. Morrow; at that time no building permits were required in Ada County all that was needed was a Zoning Certificate. There would not be a building permit issued. Lance; Zoning Permit was not obtained. We have reviewed the recomm- endations of the various departments to whom the annexation request was sent and in regards to the City Sewer and Water, Mr. Fenstermaker is certainly willing to comply, although the property directly to the East which is annexed to the City is not on the City Sewer and the water comes from Mr. Fenstermaker's well. Some questions have arose as to the drainage into the ditch, there is an artesian well on this property and a pond which drains into the ditch and Central Health has inspected and found no problems. My client has no problem with respect of ditch crossing South edge of property which is to be protected according to Nampa Meridian Irrigation. We think we can comply with Central District Health.. With regard to Ada County Highway District, willingly to dedicate additional right- way necessary as requested, with regards to the improvements recomm- ended on the South side of Pine Street, currently there no sidewalks in that area. We would have 125 feet of sidewalk with no sidewalks to the East or West. We ask .not to be required to put in sidewalks nor make any substanial alterations concerning curb and gutter. We ask the Commission to approve our request for annexation and zoning. Johnson; do you have any comments regarding the School Districts letter? Lance, we have reviewed these comments and the School property within 300 feet of Mr. Fehstermaker's property is the tennis court. The concern .over the appearance of the property, I have discussed with my client and due to inadequate building, yes there have been some cars parked on the front of the property. We have discussed a privacy fence on the property. Johnson, I recently went by and saw cars setting out by the street for sale. Is this part of School District concern? Mr. Fenstermaker explained most of the cars that were setting out were there for repairs, units had blown engines, etc. and part of the units were his and the family private cars. 6Ve do not plan on having cars setting on property. Johnson; do you have a Dealers License, do-you sell many cars? Fenstermaker, No to both questions. Johnson, any problems if this request approved having cars kept on back half of property? Fenstermaker, No. Shearer; Mr. Lance have they pur u~a this with Ada County? Why not do this thru Ada County. Lance, Ada County advised they thought this property belonged in the City of Meridian. Basically the County denied and were very candid about it that the property belonged in the City of Meridian. Property is in transitional zone and the property to West County intend to keep residential. County thinks property belongs in City of Meridian that is why the request for annexation. Morrow; Question on Ada County Highway recommendations on paving. Cole; explained this to Mr. Morrow the amount that would be necessary to pave. Alidjani; Any problem with the fencing in of autos and parts out of sight? Lance; No problems, my client needs to keep all cars and etc. in area that if approved would be zoned Light Industrial. Mr. Fenstermaker, advised he was in the process of cleaning up and everything would be out of sight and we do not plan to have any cars except units repaired to be picked up or units in the process of being repaired. Johnson; what would you estimate the maximum number of cars to be? Mr. Fenstermaker, four would probably be the maximum at any one time of customer cars, plus of course my own vehicles. Johnson, is there someone from the School here, if not let me ask this question, what do you suppose they are referring to Mr. Lance, when they say the School District and the residents of this area strongly recommend this be denied? Do you have a list of the residents that opposed this request? Lance, yes, Mr. & Mrs. Carmack who live directly to the West have voiced opposition. We have fourteen interested parties in the area including. Mr. & Mrs. Fenstermaker, we have yes end no comments,con- sisting of nine of the fourteen and yes with conditions from three. Conditions range from. fencing to keeping vehicles away from street side ofproperty. Morrow; why go for zoning like this opposed to a Conditional Use Permit? Lance this was considered but because it is consistent with what has already been done, the property to the East is zoned the same as we are requesting, however we are not opposed to the Conditional Use. Morrow, it is my opinion if the Conditional Use Permit avenue was used it would be easier for us to delete some of the recommendations of the Highway District. Johnson, would you be able to meet the requirements for a Conditional Use Permit in terms of signatures? Lance, we have secured a number of them, eight and with my client this would be nihe out of fourteen which would be close, we are right on the line with the exception of the School District signature on which there is some question as to the validity. Chairman Spencer asked if there were any more questions of the Commission at this time? Nane at this time. Chairman Spencer opened the meeting for public hearing. Mrs. Becci Carmack, 1705 West Pine. I am here not only representing myself as being opposed, but have petitions representing the neighbor committee. Mrs. Carmack presented the petitions for the record.There was one petition opposed to the request containing eight signatures and a petition containing two signatures with stipulations. (Petitions on file with these minutes) Also Mrs Carmack presented one letter with stipulations and the letter from the School District which had already been received. (Letters on file with theses minutes). In talking to the residents of the neighbor- hood only one person felt things were fine as they were, everyone else wanted change of some kind from major to minor. We feel it has been kept more as a junk yard approach rather than appearance as a professional business, junk cars, parts, etc. The property was this way before the fire, the junk cars border over one hundred feet of our common property. There are less now than has been in the past but in visiting with residents some have been there as long as seven years. Neighbors feel this is not a rotating thing but permanent, not just wits being repaired, they have even expanded to the front of the property. Another thing the neighborhood is concerned about is no regular business hours are kept. At Ada County hearing Mr. Fenstermaker testified he was open twenty four hours a day, seven days a week. We in the neighborhood would like to enjoy our homes and yards in the evening and on weekends without the constant goings on of a business. There is quite a lot of noise associated with a repair shop, engines being revved up, units being started, etc. Mr. Fenstermaker also has a problem with temper and foul language, which is his personal right but this does not belong in a neighborhood with small children. We are also concerned with the overall appearance as this road leads to the High School where many events are held and this exposes a lot of people to this not only from this area but other areas of the State. I have been asked by other neighbors to mention that this has been a worsening condition, started out with one building, then two, one car and then more. Overall we feel it is incompatible with the neigh- borhood, and Fenstermaker's have made no effort to make it compatible with the neighborhood. Mrs. Carmack presented a list of recommendations that the neighborhood had visited about. Recommendation #1, the first and forsmost action recommended is that the building and operating of an auto repair shop in the neighborhood not be allowed. The appear- ance of such a shop is not only offensive but incongruous with the rest of the neighborhood. The shop has operated in the past without regards for the legal zoning laws and without regard for the concerns and rights of surrounding neighbors. Recommendation #2, if recommendation #1 can not be taken, the following action is recommended in order to protect the rights of the neighborhood and community and to allow a satisfactory co-existence of all parties. 1) Six foot screened fence to surround the property, 2) No outside storage of auto parts, 3) No wrecked or junk cars or trucks within 150 feet of the front property line, 4)Regular business hours be kept, request five days a week, eight hours per day, no Sundays, 5) No outdoor repair of autos, all repair work to be done inside the shop, 6) Regular inspection of the premises to be done to insure compliance with these and other busin- ess regulations, 7) Revocation of license or enforcement by law if stipulations are violated. We are not in favor of this request. I have also been asked to mention that Mrs. Leona Price of 1775 West Pine is here, who does live within three hundred feet of the property and she has not been notified, their name does'not appear on the list of residents within three hundred feet and did not receive a certified mailing. Johnson, would you notate on these petitions who is a tenant and who is owner? Mrs. Carmack made the notations on the petitions, there were nine property owners and two tenants. Alidjani, questioned the residents on NW 15th who signed. Mrs. Carmack, explained this was the address for the Westlawn Mobile Home Subdivision where the residents owned their lots. Johnson, what have you or any of the residents in the area done prior to the fire to correct the unsightly situation? Mrs. Carmack, we spoke last summer with Mr. Fenstermaker and wanted to discuss it further but got the feeling from him being he was there first and that we had just moved there and knowing what was there, if we did not like it that was unfortunate. other neighbors have also discussed this problem with Mr. Fenstermaker. Morrow, what has the response been? Mrs. Carmack, we have not seen any change. Mrs. Leona Price, 1775 West Pine. I think Mrs.Carmack has expressed my feelings, this has been going on for a long time and we did not talk to them about this as we did not feel we had the right. We do not object to the business, but we do think these things need to be done. We do not totally object to this but he got this under false pretense in the first place I feel. Morrow, could expand on that for me? Mrs. Price, he never asked anybody, he just built the business and we have been there for nineteen years, just expanded the building and cars have been there for years. We have never approached Mr. Fenster- maker about his operation. Chairman Spencer, is ther anyone else from the public who wishes to testify? There was no response. Chairman Spencer, at this time we will give Mr. Lance, Fenstermakers representive a chance to speak to the testimony given. Mr. Lance, we would question Mr. Patterson's signature as to the validity of him being able to sign for the Quinault Indian Tribe. As for Mrs. Price whether she is within three hundred feet, my client has meas- ured and she is not. Mr. Lance went thru the rest of the residents who had signed Mrs. Carmack petitions. Mr. Lance presented letters and petition whom did not object to Mr. Fenstermaker (on file with these minutes). Mr. Lance pointed out that some of the residents had signed both sides of this and we don't know what their position is today, we would have to represent to you that they do not have objections if there are certain controls and Mr. Fenstermaker be made to apply with certain requirements. With regards to whether any effort was made by the Carmack's and the Fenstermaker's to resolve what appear to be differences, in July, 1983, the Fenstermaker's bought a strip of land from the Carmack's, the proceeds from this purchase were to be used to build a fence dividing the property, this fence was never erected. In summary the School District and the Carmack's are emphatic in their objection but the rest of the neighborhood would not object if certain conditions are met, therfor we ask the Commission to so act. Morrow, I have a couple questions to address to Mr. Fenstermaker, it is obvious to me some things are going to need to be resolved and you are willingly to resolve those. I feel regular business hours is a very valid point. Mr. Fenstermaker, I very seldom work past 8 p.m. at night or early in the morning, I do work on Saturdays and sometimes on Sunday. I try very hard not to work past 8:00 p.m. at night. Morrow, would you be willingly to establish regular hours if this was approved and have gate that would be closed at these times? Mr. Fenstermaker, yes, if that would be required, I have tried to do this and would willingly post business hours and install a gate. Johnson, did you know there .were negative opinions with your operation? Mr. Fenstermaker, did not know there was a negative opinion, one car has been there for four years which the oldest. Alidjani, I would to point out this property is not essentially comp- arable to the property located to the East as the property to the East has entrance from both Pine and Linder, while this property has entrance only from Pine. Shearer, does the break point between residential and ligh industrial match up with the property to the East? Lance, no, the 137 feet is the sight of the old shop, that is where we came up with the measurements. Johnson, was it determined what caused the fire? Fenstermaker, electrical short. Morrow, at present time I am not inclined to go along with the comb- ination of light industrial and residential zoning, best way to deal with the problems involved here for both Mr. Fenstermaker and the neighbors is residential with Conditional Use Permit concept, with annual renewal of the Conditional Use Permit. I would feel more at ease under this solution. Lance, would we be in position to proceed with this at the present time? Crookston, would have to submit ConditionalUSe Permit Application. Morrow, if you can arrive at agreement with neighbors and submit with Conditional Use Permit, I would be willingly to attend special meet- ings to obtain approval as soon as possible under the City Ordinances. Johnson, I do not concur with Mr. Morrow's opinion, issue better addressed by clearly defining where light industrial is going to • take place. I think this can best be done by separating the property as proposed and taking into account all of the valid recommendations made. The noise factor is one I had not considered and believe this is a real problem. Regular business hours would probably solve this to a great extent. I am not leaning to a Conditional Use Permit as the only solution. Chairman Spencer closed the public hearing. There was discussion on how soon this request could be approved if resubmitted with a Conditional Use Permit. Shearer, are any legal confortations with having entrance to Light Industrial Zone thru Residential property without rightways? Crookston, certainly, I would not imagine as long as same owner of both parcels. Morrow, when we act on this do we have to act on the way submitted or change, instead of Zone to Conditional Use Permit? Crookston, no, because the proper application was not submitted, do not have the required 75~ signatures for Conditional Use Permit. There was more discussion between the Commission Members. The motion was made by Johnson and seconded by Shearer to instruct the City Attorney to prepare Finding of Fact. Motion Failed: Morrow, Nay; Alidjani, Nay; Cole, Nay; Johnson, Yea; Schearer, Yea; Motion was made by Morrow to table this request. Motion died for lack of second. There was more discussion by the Commission on how to proceed with this request. It was the consensus of the Commission that this request would have to be acted upon. The motion was made by Johnson and seconded by Shearer to instruct the City Attorney to prepare the Finding of Fact. Motion Carried: Morrow, Yea; Johnson, Yea; Shearer, Yea; Cole, Yea; Alidjani, Nay; There was discussion between the Commission Member whether to make a motion that the Finding of Fact reflect recommendation or denial to the City Council, it was the decision of the Commission to wait until the Findings of Fact are prepared. It was the consensus of the Commission to have the Findings of Fact on the Special Meeting scheduled for October 18, 1984. Tape on file at the City Aall in the City Clerk's Office of these proceedings. Item #2: Preliminary and Final Plat; Sunnybrook Farms #4: Mr. Wayne Gibbs of JUB Engineers was present to represent this request. Johnson, do the people of the Subdivision know they are responsible for the upkeep of the Park as shown on Block #14? Gibbs, the Park is limited to Sunnybrook #4 and not the other phases of Sunnybrook Farms. Will be part of covenants. Johnson, are the convents similiar to the convents of Sunnybrook #1, #2 and #3? Gibbs, these are being prepared and it is my understanding they will be basically the same. Chairman Spencer opened the meeting for public hearing. Brett Stigle, 2110 Todd Way: I have a question regarding the square footage of the homesto be built in this phase, are they going to be small square footage? Steve Gratton, Marketing Director for Wright Patterson Realty: The square footage of the homes to be constructed are according to the mix and sizes required by the City Ordinance and in fact there is more restrictions than in Sunnybrook #1 and #2. Mr. Stigle, stated he had no objections to this development. Larry Grensing, 2111 Todd Way: I own the property, Lot 3, Block 10 and object to the way Lot #1 and #2, Block 13 are designed so that the back of these lots both side on my property. There was discussion on this problem as to how the lot could be fen- ced and the setbacks required. There was also discussion on how the home on Lot #1 could be set, this would not effect Mr. Grensing as great if the house was constructed with front facing Todd Way instead of Janell Street. Keith Borup, 2203 Leann Way: Mr. Borup questioned the house size designation on the Plat and asked if these sizes had to be built as shown or could be transferred from one lot to another. Mr. Borup was advised that this could not be done and it required a replat to accomplish this. Chairman Spencer closed the public hearing. The motion was made by Morrow and seconded by Cole to recommend approval of the Preliminary and Final Plat of Sunnybrook Farms #4 to the City Council contingent upon the Council granting the Variances requested. Motion Carried: All Yea Item #3: Preliminary and Final Plat, Meridian Place Subdivision #2: Mr. Wayne Gibbs from JUB Engineers was present to represent this request. Mr. Gibbs explained the property was owned by Earl Harmon and the School District was purchasing the site for a new school and being the school site was fronted by residential lots it was necessary to plat the property. Morrow, is there any problems with the comments made by the City Engineer? Gibbs, forsee no problems. Chairman Spencer opened the meeting for public hearing. Sarah Ewing, 2230 E. Fairview: I would like to know where the school is going to be built, as I have the property to the west listed for sale. Mrs. Ewing was shown the plat and the proposed location of the school. Raleigh Hawe, 530 Blue Heron Lane: Mr. Hawe expressed concern over the lateral ditch that runs on the North side of the property and is not shown on plat. There was discussion on this lateral and how the ditch would be kept open. It is not known for sure if this ditch borders property or not, but if it does an easement should be shown on plat. Chairman Spencer closed the public hearing. The motion was made by Morrow and seconded by Alidjani to recommend to the City Council that the Preliminary and Final Plat of Meridian Place Subdivision #2 be approved contingent upon the Council granting the Variance requested and that if the lateral ditch does indeed run along the North border of the property an easement for said ditch be shown on the plat. Motion Carried: All Yea Item #4: Findings of Fact and Conclusions on Annexation and Zoning Request by Upland Industries. Chairman Spencer asked if there were any question of the Commission, there were none. The motion was made by Morrow and seconded by Schearer that the Meridian Planning and Zoning Commission hereby adopts and approves the Findings of Fact and Conclusions. Motion Carried: Morrow, Yea; Johnson, Yea; Schearer, Yea; Alidjani, Yea; Cole, Yea; The motion was made by Morrow and seconded by Schearer that the Mer- idian Planning and Zoning Commission hereby recommends to the City • Council that this annexation request be approved and that the property be zoned Light Industrial under the conditons as stated in the Findings of Fact and Conclusions. Motion Carried; Zjll Yea Item #5: Findings of Fact and Conclusions Annexation and Zoning request by Rex Harrison: Chairman Spencer asked the Commission if they any questions? There was no response. The motion was made by Shearer and seconded by Johnson that the Meridian Planning and Zoning Commission hereby adopt and approves the Findings of Fact and Conclusions. Motion Carried: Morrow, Yea; Alidjani, Yea; Johnson, Yea; Shearer, Yea; Cole, Yea; The motion was made by Johnson and seconded by Shearer that the Meridian Planning and Zoning Commission hereby recommends to the City Council that the annexation request be approved and that the property be zoned residential (R-4) under the conditions as stated in the Findings of Fact and Conclusions. Motion Carried: All Yea Chairman Spencer reminded the Commission of the Special Meeting scheduled for Thursday, October 18, 1984. Being no further business to come befcsre the Commission the motion was made by Cole and seconded by Johnson to adjourn at 9:35 p.m. Motion Carried: All Yea. ST: pc: Mayor Council File: (5) P & Comm. Mail: (5) Po ice, Fire, JUB ty, Kiebert, Ward Stuart, Mitich, Hein Statesman, Valley News ACHD, NMID, CDH, ACC, APA, ACZ, APPROVED• BOB S CER, C??AIRMALI T•Whom It May Concern: • In the event that Mr. Fenstermaker is allowed to rebuild his auto repair shop we would like to request the following stipulations: 1. 6' screened fence to be installed around the property 2. No outside storage of auto parts 3. No wrecked cars within 150' of the front property line 4. Regular business hours be kept 5. All repair work to be done within the shop 6. Regular inspection of the premises by designated officials 7. Enforcement of above regulations NAME ADDRESS PHONE To Who~t May Concern: • We, the undersigned citizens of Meridian and~or Ada County, are opposed to the building and operating of an auto repair shop in our neighborhood. We do not approve of the appear- ance nor the effect of such an industrial establishment in this area. NAME ADDRESS PHONE ~~ ~ ~:? ~l~l~y ~~~~~ ~,~r~t ~: ~ C ~ -, ~ ; ~ ~ / <~-~ ' ft ~,a~vs ~// ~~~ z 'l // 1 `~~r~ vv r4 ~~ -~ ~- ~/~~ S ~~/~- .~-(: 1..C ~l ~~-~~l L..C ~'98a y~ Recommendation #1 The first and foremost action reoommended is that the building and operating of an auto repair shop in the neighborhood of the Pine/Cinder intersection in Meridian not be allowed. The appearance of such a shop ie not only offensive but incon- gruous with the rest of the neighborhood. This shop (1665 West Pine, Meridian) has operated in the past without regard for the legal zoning laws and without regard for the concerns and rights of surrounding neighbors. Recommendation #2 If for any reason Reoommendation #1 Dan not be taken, the following action ie recommended= In order to protest the rights of the neighborhood sad co®unity and to allow a satisfactory co-existence of ail parties, these etipn- lationa are requested: 1) 6' screened fenoe to eurronnd the property. This fence to be installed ao later than 5-30-85. 2~ No onteide storage of auto parts. 3) No xrecked or dunk Dare or trucks within.150' feet of the front (north) property line. 4) Regular business hours be kept. Request this be five days a week, 8 hours per day, no Sundays. Also request these regular hours be posted on the shop. 5) No outdoor repair of autos-ell repair work to be done xithin the shop. 6) Regular inspection of the premises to be done to insure compliance with these and other business regulations. 7) Revocation of 1lcense or enforcement by law if stipulations . are violated. .~ ~' ..L G ~~~ = ~~~~~/~J/~l~2Ct'G~ ~~t~fz.C-C/F~YC] GC.~ ~/.~L~I..L~ > .G6~i~^ r0 Q~~ri~-c~2~d./~~G~~.J ./_~,1~` ~ ~ti f .~-~Q .fie ~~~ ~. ~~~> ~992~'~2~~12~A1 ~2E'~G~~i~Za~ ~`~ ~-~i.-Q~, ~~/~~ ~ JJ, mac. G~2/.~f~c~rns/7'` .,i.-ate ~~3~/~/~~.~1~~~ `GL~fC~ /L{ G~,~1(h~C`'(i//f~~j~/[ .~.IZL~J~ '~~L~,~!%LGs~/~ _~C/fZ LGJG_' C'f ~~~-C.A~C-' o a„/~5'L~C! <~e~:.C ~JZ~fe~C Li[/c-c~ii/ ~C~-! ~~~ C///~ .~ _ /ZL'' U.,-GGGa-cam /,/f~/,G%'~~t L~ lt/~~C ~j'-~°a-~" r ~~ ~. ~~ ~~x~ ~ cx-.~;uai ~~ ~ ~ ~77Zt- j r ~ ~ , CLiv ~~ ~c,'! C+-it~-~'ic~/~ ,~'rr~~t.eF G~z~ /J ~ ,p ~ / /, /r- ~C ~,~G%G/,~Q~~ -t/l~1L~""~( ~ /~ -ILC~Lh~/Z' ?G~itz~~-L~-L/ LL /Zl4.r~' Gy rLt->2~-G~G C~er/~~pi ,q,oLl-~Gd ~~L.~• -C-L~Gt~ ,lL~.~ 4/T `t~,L ~//CL~ -J..CLC' G~~ ~~ =.~.~ ~~ PFTI TION REQUIREMENTS: 1. Petitioner must supply a comprehensive list of ALL residences within 300 feet from the proposed Conditional Use property line to include Name, Address, Telephone and Date. 2. Supply 20 copies of all required material. ~7~ ~ 3. Three-fourths (75b) of those persons "owning property within 300 feet must agree to this Conditional Use before the proposed use will be considered. i WE THE UNDERSIGNED DO NOT OBJECT TO / ~-- t ~G' y / ('/~~f P /~~~7~P/~7SING THE PROPERTY LOCATED AT f L -L ~ ~~~ , ~j/~~ ~ ~ ~ MERIDIAN, FOR THE PURPOSI~ OF ~' P h u, /p~/,~-' NAME ADDRESS PHONE DATE d ,: - ~ ~ :~~; i, ~ i;, ~ ~ ~ ; ~o ~ %, ~~, ~~ ~~~~~ -~-~, ~i ~ ~ ~ ~ ~ ~ ~ ~s~ ~ ~o ~ ~-- ~- ---------- - -- - -- - - r l ~` ~ \ l Ben F. Fowler 2535 Meadowridge West Jordan, UT 84084 August 21, 1984 To Whom it may Concern, Being the owner of the property at 1720 West Pine Meridian, Idaho, I consent to Leroy Fenstermaker of 1665 West Pine rebuilding his garage. Sincerely, Ben F. Fowler BFF/rf On the 21st day of August, 1984 personally appeared before me Ben F. Fowler the signer of the within instrument, who duly acknowledged to me that he executed the same. ~t~ Notary Public My Commission Expires. 10-15-85 Residing in: Salt Lake City, Utah -~ have i••o /o~Jec~~o~s ~o /~- e t-'°v( ~,u-~ 5 ~-, f`~" I/0. K e v- ~- e b u ~ ~ c~ ~ w,c~ Y~//~ S a ~t ~m S n m ~+ ~ ~,~ v ~• ~cl 4o w ti ~QV ~ ~ ev- ~ ~ t is k w~ ~-,,.w- -21 -~~ ~~Q-- ' ~. ~: i 7~0 ~v. ~,~e ~1uh, II • • BEFORE THE MERIDIAN PLANNING AND ZONING CO"24ISSION REX HARRISON ANNE`{ATION FINDINGS OF FACT AND CONLUSIONS The above entitled annexation having come on for con- sideration on September 10, 1984, at approximately 7:30 0' clock p.m, on said date, at the Meridian City Hall, 728'' Meridian Street, Meridian, Idaho, and the Commission having heard and taken any and all oral and caritten testimony and have duly considered the matter, the Planning and Zoning Commission makes the following; FINDINGS OF FACT 1. That notice of a public hearing on the annex- ation was published for two (2) consecutive weeks prior to the said public hearing scheduled September 19, 1984, the first publication of which was 15 days prior to said hearing; that the matter was duly considered at September 10 hearing and that the public was given full opportunity to express comments; that copies of all notices were made available to newspaper and radio and television stations. 2. That the Planning and Zoning Commission (P & Z Comm.) received no oral testimony bit written continents sere submitted. 3. That the property included in the Application for AMBROS E, FITZG ERALD b CROOKSTON Arromaya ene Counaelora P.O. Boz /2T MerlEl~n, IEa~o 83622 TalapKOns 68&a,6t annexation is described in the application, and by this reference is incorporated herein; that the property gen- erally lies adjacent to and east of Ten Aiile Road and consists of approximately one grid thirty-seven one • hundredths (1.37) acres of land. 4. That the property is adjacent and abutting to the present City limits. 5. That the applicant is Rex Harrison who is the deeded owner of the proposed parcel to be annexed. 6. That the property included in the annexation is within the Area of Impact of the City of r4eridain as ad- opted by Ordinance No. 319, but which Area of Impact has not been adopted by Ada County. 7. That the entire parcel of ground is included with- in the Meridian Urban Service Planning Area Plan but would not be presently proposed by recommended changes t~ Service Planning Area Service Plannino, Area as the Urban is defined in the 1978 Comprehensive in the Urban Service Planning Area as the Citizen's Committee which has ~ the Area of Impact and to the L'rban unless annexed. 8. That the application for annexation requests that the parcel be annexed and zoned "R-9", Residential, that the present use of the property is vacant ground and is zoned by the county as agricultural. 9. That the land in this annexation is contained in the "Neighborhood" known as Warrior as designated in the Leridian Comprehensive Flan as amended April 2, 198x. 10. That the proposed use of the property would be AM BROSE, FITZG ERALD S CROOKSTON Attomeye en8 Couneeloro P.O. Boa ~P1 Ma~IGNn, IEeBo 838/2 TelePNOne BB8~/81 to construct a single family residence. 11. That the Ada County Highway District recommeneded that the applicant provide by dedication forty feet (40`) of C~ C~ right-of-way from. the centerline of Ten rAile Road abutting the parcel proposed to be annexed, maintain the drainage through the borrow ditch which may require a culvert, and that any work in the right-of-way would require a permit. 12. That the closest city domestic water is located in Cherry Lane approximately 970 feet north of the north- erly most corner of the parcel to be annexed; that the closest city sanitary sewer is 2,640 feet to the east at the interceptor sewer line along Nine ~4ile Creek; that even though the water and sewer service is not available at present, the applicant agreed. to pay the sewer and water connection fees at this time and v3hen sewer and water come to within 300 feet of his property he would extend them to his property at his own cost; that ex- tension of water and sewer could require that the lines be sized larger than necessary to service this property alone. 13. That the Central District llealth Department com- mented that it has no objection to the annexation but could not approve a septic system until the. high seasona_t ground water could be determined. C O N C L U S I O N S 1. That the City has authority to annex land pur- AMRROSE, F1T2G ERALD d CROOKSTON Attorneys and Counselors suant to 50-222; Idaho Code; that exercise of the City's annexation authority is a Legislative function. 2. That the Planning and Zoning Commission has judged the annexation application by the guidelines, standards, criteria, and policies contained. in Section 50- P.O. eox lT] MeriGlan, Idaho &9812 222, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, and the 1978 Meridian Comprehensive Plan as amended April 2, 1984. 3. That all notice and .hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the or- dinances of the City of Peridian have been complied with. 4, That the City may take judicial notice of governmental statutes, ordinances, and policies, and of actual conditions exsiting within the City find State. 5. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian and the annexation would not be a shoestring an- nexation. 6. That the annexation has been initiated by Rex Harrison, deeded owner, and the annexation is not upon the initiation of the City of Meridian and therefore the five (5) acre limitation does not apply. 7. That no objections to the annexation Caere made at the public hearing. 8. That since the annexation of land is a leg- islative function the City has authority to place con- ditions upon the annexation of land. 9. That the development of the annexed land must AM BROSE, FITZG ERALD B CROOKSTON Ahorneya ena Counaelore P.O. Boa 42] Meri8i4n, IEeho 838,3 Telephone 8884181 meet and comply wi th the Ordinances of the City of Mer- idian; that the applicant will have to connect to Meridian water and sewer lines and extend such to the development at its own cost when such come within 300 feet of his pro- ~:. ~ • perty; that the development will be required to meet the requirements of the Ada County Highway District, and the Central District Health Department and other State and local governmental. agencies: 10. That it is concluded that the annexation is in the best interest of the City of Aieridian. AFPROVAL OF FINDINGS OF FACT AND CONCLUSLONS The D4eridian Planning and Zoning Commission hereby ad- opts and approves these Findings of Fact and Conslusions. ROLL CALL Commissioner Morrow Voted ~ Commissioner Alidjani Voted ~ Commissioner Johnson Voted Commissioner Shearer Vote d Commissioner Cole Voted .~e~ Chairman Spen cer (Tie Breakers Voted DECISION AND RECOMMENDATION The tderidian Planning and Zoning Commission hereby re- AM BROSE, FITZGERALO B CROOKSTON Attorneys end Counselors P.O. Boa ~P] MerlOlan, IGSAo B3es2 Talepllorle BB&N81 commends to the City Council that this annexation request be approved and that the property be zoned Residential (R-4) under the conditions above stated. MOTION: APPROVED: ~ DISAPPROVED: :~ EEFORE THE MERIDAIN PLANNING AND ZONING CO_T4MISSION UPLAND INDUSTRIES - JOHNSON ANNEXATION FINDINGS OF FACT AND CONCLUSIONS The above entitled annexation having come on for consid- eration on September 10, 1984, at approximately 7:30 o'clock p.m. on said date, at the Aeridian City Hall, 728 Meridian Street, Meridain, Idaho and the Commission having heard and taken any and all oral and written testimony and having duly considered the matter, the Planning and Zoning Commission makes the followings FINDINGS OF FACT 1. That notice o£ a public hearing on the annexation was published for two (2) consecutive weeks prior to the said public hearing scheduled for September 10, 1984, the first publication of which was 15 days prior to said hearing; that the matter was duly considered at the September 10 hearing and that the public was given full opportunity to express comments; that copies of all notices were made available to newspaper and radio and televis- ion stations. 2. That the Planning and Zoning Commission (P & Z Comm.) received no oral testimony but written comments were submitted. 3. That the property included in the Application for AM BROSE, FITZG ERALD B CRODKSTON Attorneys ens Counsalon R.o. So. azT MarlOlen, laeno 83812 Tsleplrone 8B8 M81 annexation is described in the application, and by this reference is incorporated herein; that the property lies adjacent to and East of Eagle Road and consists of approximately ten (10) acres of land and is generally. known by the following address; 1190 N. Eagle Road, Meridian, Idaho. .: • 4. That the property is adajcent and abutting to the present City limits and is now an enclave. 5, That this petitioner is Upland Industries Corpor- ation and the owners are Ray and Bernice Johnson who have signed a request and consent to annexation. 6. That the property included in the annexation is within the Area of Impact of the City of Meridian as adopted by Ordinance No. 319, but which P.rea of Impact has not been adopted by Ada County. 7. That the entire parcel of ground is included with- in the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the 1978 Comprehensive Plan and is in the Urban Service Planning Area as presently proposed by the Citizen's. Committee which has recommended changes to the Area of Impact and to the Urban Service Plan- ning Area. 8. That the application for annexation requests that the parcel be annexed and zoned "I-L", Light Indus trail; that the present use of the property is farm ground and a residential homesite. 9. That the land in this annexation contained in the AMBROSE, F1T2G ERALD d CROOKSTON ABO/neye NE Coonaelore Eastern Industrial Review Area East of Eagle Road, as des- ignated in the Meridian Comprehensive Plan as amended April 2, 1984: that the land in this annexation is surrounded by the Treasure Valley Business Center which is zoned "I-L" Light Industrial. The Meridian Comprehensive Plan states that industrial development should be encouraged to locate P.O. Boa alt MarlGlan, IONo 8~ • adjacent to existing industrial uses. 10. That the proposed use of the property would be to incorporate it into the Upland Industries development of the Treasure Valley Business Center. 11. That the Ada County Highway District stated that the applicant must provide seventy (70) feet of right- of-way from the centerline of Eagle Road to the annexed parcel. C O N C L U S I O N S 1. That the City ahs authority to annex land pur- suant to 50-222, Idaho Code; that exercise of the City's annexation authority is a Legislative function. 2. That the Planning and Zoning Commission has judged the annexation application by the guidelines, standards, criteria, and policies contained in Section 50-222, Title 67, Chapter 65, Idaho Code, the Meridian City Or- dinances, and the 1978 Meridian Comprehensive Plan as a- mended April 2, 1984. 3. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Or- dinances, of-the City-of Meridian have been complied with. 4. That the City may take judicial notice of govern- AM BROSE, FITZG ERALD d CROONSTON Attorneys ena Counaelora P.O. Boa a2] McNOien, loello B38a2 Talaplrone BBBN81 mental statutes, ordinances, and policies, and of actual conditions existing within the City and State. 5. That the land within the proposed annexation is contiguous to the present city limits of the City of b?er- idian and the annexation vaould not be a shoestring annexation. 6. That the annexation has been initiated by Upland Industries Corporation with consent and request made by the deeded owners and the annexation is not upon the in- itiation of the City of Meridian and therefore the five (5) acre limitation does not apply. 7. That no cbjections to the annexation were made at the public hearing. 8. That since the annexation of land is a leg- islative function the city has authority to place condi- tions upon the annexation of land. 9. That the development of the annexed land must meet and comply with the Ordinances of the City of Meridian; that the applicant will have to connect to Meridian water and sewer lines and extend such to the development at its own cost; that the development will be required to meet the requirements of the Ada County Highcaay District, the CentralDistrict Health Department and other state and local governmental agencies. 10. That it is concluded that the annexation is in the best interests of the City of Meridian. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Toning Commission hereby AM BROSE, FITZG ERALD BCROOKSTON Atlomeys Bntl CounMlloro I P.O. Box 12T Metltl4n, Itl1~o 83812 Talapl~one 8881181 adopts and approves these Findings of Fact and Conclusions. ROLL CALL Commissioner Morrow Voted cq Commissioner Alidjani Vote d . Commissioner Conunissioner Johnson Shearer Voted Vote d :II • • Commissioner Sek~sorCm le Voted ~q Chariman Spencer (Tie Brea:cer) Voted DECISION AND RECOMr1ENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council that this annexation re- quest be approved and that the property be zoned Light Industrial (I-L) under the conditions above stated, MOTION: APPROVED (.(.~-"' DISAPPROVED AMBROSE, FITZG ERALD B CROOKSTON Attorneys entl CqunNlwa P.O. Boa ~2] Maritllen, ItlNo B38a2 TalapROM BBBda81