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1979 12-10~ i AGENDA P•1eridian Planning and Zoning December 10, 1979 IIEP1: Minutes of previous meeting approved as read. 1. Dave Reeves - 711 4!. Pine. Recommended to Council that the matter be carefully researched that the City Ordinances are being enforced. 2. Scout Annexation Hearing - adjacent to the proposed LDS Deseret Industries on Overland. Approved, subject to compliance of water and sewer requirements, design review, landscaping, construction of acceleration and deceleration lanes, subject to Fire and Police approval, and subject to the proposed zoning ordinance. 3. Home Federal Savings & Loan Desian Review on parking and access - corner of Franklin and E. 1st. Approved a 15 foot variance on the north property line, but highly request a "right-turn-only" of the exit onto E. First St. Peridian Planning and Zoning December 10, 1979 Meeting called to order by Chairman Don Sharp at 8:06 P.M. Members present: Rick Orton, Annette Hinrichs, Burl Pipkin, Lee Mitchell, Ken Tewksbury, absent. Others attending: Rex J. Black, David L. Peeves, Cecil Thomas, Carl Stewart, Ernest Lombard. The minutes of the previous meeting stand approved as read. Agenda 1 Dave Reeves - 711 W. Pine - Gem Estates Reeves referred to list of questions and statements of research that had been distributed to each member and stated he had talked to his attorney after appearing before the City Council without satisfaction. Reeves presented complaint of Gem Estates illegal development. (on file with these minutes.) Sharp commented that the Commission did not have time to research. He questioned that there was anything the Commission could do, reminding Reeves they are a recommending body rather than a decision body. Time was needed to research and answer questions. Hinrichs stated that this body is aware of unfavorable situation;., but there was nothing the Commission could do about it now. Orton reviewed the problem of an adjoining builder constructing a 4-Plex (2-story) giving exposure to Reeves house and asked if the Buidling Inspector had investigated. The City Clerk stated Vern Schoen had been contacted and that the foundation of the 4-Plex was 6 feet from Reeves property line which is within regulation. Reeves stated this is not all the facts. First of all, this building does not meet the high density requirements of the City of Meridian, it is better than 20 units per acre. Hinrichs stated that this was approved for multi-family before the Comprehensive Plan was adopted and that this type of development is exactly what this Commission had been striving to prevent. This body had no ,jurisdiction as the density was already approved in 1975. Pipkin stated that some of the outlined questions imply that this Commission would have some type of authority. He commented that this authority would be the City Council's. One possibility would be an injunction against the structure (4-Plex) and the construction of the stairs. Reeves stated that if the City cannot enforce the regulations they have in effect right now, then we don't need the City Administration. If every citizen has got to take his case to court to get an answer, there is something wrong with the administration. Sharp explained that Gem Estates did not come in under the current Comprehensive Plan and the requirements and limitations imposed by that. This was an approved development in 1975, 3 years prior to adoption of the Comprehensive Plan. They did set maximum densities. Reeves agreed, but stated the developer is not living up to what was approved five years ago, referring to the plot that was approved at that time. Pipkin stated that if the City is not responding in a manner he desires, this would be a matter of taking them (City) to court and having them (City) co-respondents in addition to the constructor, or owner of that property. The City would have to show good cause as to why they have not enforced their awn ordinances and if the court is not satisfied with it, then of course the court would invite the order to enforce the ordinance, cease the operation and whatever else is necessary. Pipkin stated that this problem is out of the Commission's hands and they could do Reeves no service. Mitchell stated that the City Council has to be the final enforcer of anything approved. Reeves stated he did not obtain any satisfaction with the City Council and wanted to make the Planning and Zoning aware that the City is not enforcing the Meridian Planning and December 10. 1979 the present ordinance. The Building Inspector says that this (Gem Estates) is an illegal subdivision so that plot doesn't count. If the plot doesn't count and the builder does not have to build according to that, then he has to meet the density codes of the present plan, which is a maximum of 15 on a high density area. He is allowing 20. Llhat authority does the Building Inspector have to approve those plans, he is taking it upon himself. Mitchell stated that the City has access to legal councel,where the Commission does not. They sympathize with Mr. Reeves, but the Commission can only recommend. Sharp stated this matter should be referred on to the City. Council's legal advisement. Reeves questioned that if the City Council sees fit, then there is nothing the Planning and Zoning can do about it. The Commission explained that the City Council can override any of their recommendations and must make the legal decisions. Reeves stated that he appreciated the position that the Planning and Zoning Commission is in, but something needs to be done to give the Planning and Zoning more of the say, there needs to be checks and balsa-noes. Hinrichs stated that they (Planning and Zoning) are appointed and they do not have that much power. Sharp stated that he thought the State limits the authority that can be given to a Planning and Zoning Commission. Hinrichs stated that the Council considers any matter before they do overrule. Reeves stated, then, on any matter that the City chooses to disregard present laws, State laws and so forth, it is beyond the Planning and Zoning Commission's control. He had researched and found out that Gem Estates is an illeq_al subdivison and cannot be divided, lots sold off are illegal. It is against State law to sell off lots on an unplatted piece of land. This has not been recorded in Ada County. He had been to Ada County and the Attorney General has varitten the City of R9eridian informing them that this is an illegal subdivision - it continues to operate - they continue to allow 4-Plexes to go up in violation. He felt that the City Council and the Planning. and Zoning has to work together and that the Planning and Zoning does have some obligation, if not legally, morally, to tell the City Council we don't like what is going on. The City Cauncil can override th:e Commission; but not State. Building Inspector does not have authority to authorize construction upon illegally sold off lots. He stated he would take Planning and Zoninp Commission advise and go before the Council. Hinrichs reminded Reeves that this body has not researched this matter, but would in behalf of the new zoning ordinances. Sharp stated that this development was all done under metes and bounds. Reeves stated that since the new Mayor has been in, there has been a mass building project down there. Things have set down there since 1975, but since Joe has been Mayor, over 40% have had construction started on them and they are all illegal. They do not comply with the plot approved in 1975. Something is going on. Citizen Carl Stewart spoke from those attending, stating that in his experience with government, that if this subdivision had not been recorded, they were certainly building illegally. The Motion was made by Mitchell and seconded by Pipkin that the Dave Reeves matter, located at 711 W. Pine, be passed on to the City Council with recommendation this matter be carefully researched that the City Ordinances are being enforced. Motion Carried: All yea. Meridian Planm•ng and Zoning .3. December l0, 1979 Agenda 2 Scout Annexation Hearing - adjacent to the proposed LDS Deser~tIndustries on Overland. Rex Black, Council Executive, aras present and stated that there was a need for Council service more geographically centered. Cecil Thomas has given the land, 85 feet wide by 512 feet long, which is adjacent to the City, to the Scout Council for Annexation. Black stated this location is right off the Interstate and for example, the people of Mountain Home would be much happier coming there than going to the present location back of fort Roise. Black stated this is an adult office, not a youth center, primarily for administration. Orton pointed out that the developments across the highway are all pulling together to bring water and sewer line across the Interstate. It would be quite awhile before the water and sewer is brought across the Interstate. Are they prepared for that wait. Black stated that they are prepared and it may be that one individual, who he did not wish to disclose the identity of, is interested in constructing the building. If the water and sewer is too long out of the way, they may come back and ask fora well and a septic tank. The use would be very light as far as sewer system. Mitchell questioned the adjoining access to the LDS DeseretComplex. Black stated that they have an agreement fora permanent easement to use the LDS Complex entrance. They are not using their own land for the entrance. Sharp expressed concern of putting more non-profit, non-tax paying entities clear out on the fringe where it will be difficult for the Police and Fire Department service. Closer in would not be as costly. Black stated that he felt there was not better location as far as servicing the Scout Council. Mitchell asked if this was supported by United Fund. Black stated yes, that 20% of their operating budget from United Way, the rest is through substaining membership enrollment,a minor portion through campaign activity and fees. They are not a government agency. The Motion was made by Orton and seconded by Hinrichs that the Commission recommend approval of the Scout Annexation, subject to compliance of water and sewer reouirements, design review, landscaping, construction of acceleration and deceleration lanes, subject to Fire and Police approval,and subject to the proposed zoning ordinance. P1otion Carried: Orton, yea, Hinrichs, yea, Mitchell, nay, Pipkin, nay, Chairman Don Sharp broke the tie by voting yea. Agenda 3 Home Federal Savings and Loan Ernest Lombard was present, representing. Lombard displayed map of design pointing out that the Highway Department has approved this plan. The building has been moved to the north, access points were pushed away from the intersection. The same type of building has won a design award. Trees have been saved and landscaping includes more trees. Lombard stated that a variance on alley side or dead end street side was needed. There is 5 feet from north property line to foundation. Pipkin stated that the E. First St. exit is a concern. There would be the crossing two lanes plus a left turn lane besides this being a busy intersection. Lombard said there is very little business through the drive-in window. The Motion was made by Mitchell and seconded by Hinrichs that the Home Federal Savings and Loan be granted a one 15 foot variance on the north property line, but highly request a "right-turn-only" of the exit onto E. First St. Motion Carried: All yea. Meridian Planning and Zoning .4. December 10, 1979 Richard Orton submitted his resignation to the Planning and Zoning Commission and stated that it had been an honor working with them. Sharp stated that it has been nice having him on the Commission and wished him the best on the Council. The Motion was made by Hinrichs and seconded by Mitchell that the meeting adjourn at 9:50 P.M. Motion Carried: All yea. :tea. iy,>rd-'~~ .,, ~ , ~~ / i ~ I~ ~,ity Clerk ~.'` ~ ` .~ _. -~ Chairman