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
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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
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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.
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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.
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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
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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
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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