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1990 08-14A G E N D A MERIDIAN PLANNING & ZONING AUGUST 14,1990 ITEM: MINUTES OF THE PREVIOUS MEETING HELD JULY 10, 1990: (APPROVED) MINUTES OF THE SPECIAL MEETING HELD JULY 31, 1990: (APPROVED) 1: PUBLIC HEARING.: REQUEST FOR ANNEXATION & ZONING BY THE TREASURE VALLEY BAPTIST CHURCH: (APPROVED) 2: ELSWORTH LOVELAND: PRESENT PROPOSED PROJECT AT 875 WEST FRANKLIN: (DISCUSSION HELD) MERIDIAN PLANNING & ZONING AUGUST 14, 1990 The Regular Meeting of the Meridian Planning & Zoning was called to order by Chairman Jim Johnson at 7:30 p.m.: Members Present: Moe Alidjani, Jim Shearer, Charlie Rountree, Tim Hepper: Others Present: Wayne Crookston, Elsworth & Betty Loveland, Tim Cathcart, Robert Aldrich, Richard DeMichele, Candy Tipton. The Motion was made by Rountree and seconded by Al~d~anf to approve the Minutes of the previous Meeting held July 10, 1990 as written. Motion Carried: All Yea: The Motion was made by Alidjani and seconded by Rountree to approve of the Minutes of the Special Meeting held July 31, 1990 as written: Motion Carried: All Yea: ITEM #1: PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING BY THE TREASURE VALLEY BAPTIST CHURCH: Johnson: I will open the PLYblic Hearing, is there a representative present for this request, if so please come forward and be sworn. Tim Cathcart, 5304 Cortez, Boise, was sworn by the attorney. Cathcart: We sometime back entertained a proposal to add to our church facility, what we are looking at because of the growth of the church, we felt that we needed a larger auditoriumas a result of this we propose to construct a new addition to the church facility. This new addition would consist of new larger auditorium and lavatory facilities. The existing facility would continue to be used as it now with the exception that the auditorium would be used for youth activities while the adults would be assembled. To facilitate this we felt that it would be in the interest of everyone concerned if we simply applied for annexation with the City and requested a Limited Office Zoning for the church property. Presented a sketch of the facility. Johnson: Your addition there would be all to the east? Cathcart: Right. I also have with me a site plan that shows the orientation of the new addition where it sets of the property. In addition to that I have a small plan that shows the area to be annexed. Johnson: Your property is divided by the fence line between you and Edmunds on the south, is that it? Cathcart: Yes. Johnson: You go to the freeway? Cathcart: Yes. Johnson: You don't go east of Teare, right. MERIDIAN P & Z AUGUST 14, 1990 PAGE 2 Cathcart: We don't go west of Teare, and we do not go east of Nine Mile Drain. Johnson: How close is the addition to the drain? Cathcart: It's a couple hundred feet. The only other comments are in response to the comments that were made and returned to us as a result of the application that we sent in. There were only three areas that I really have any comments on, Item #1 ACHD,there is one item there called site specific requirements it would be item #2, provide a deposit to the right of way trust fund, we would request that we not have to do that at this time if in the future there is additional development in that area we would be willing to pay our share, but at this time since there is no development we would request that we not have to do that. The second item that I would request that we would not have to comply with is Item #8 where the Fire Department requests two fire hydrants on the building property, we are not in close proximity to the City water at this time, so it would make it very difficult for us to comply with this request. Finally one comment of clarification on Item #2 Central District Health, what we propose to do is connect to the City Sewer System and we would continue to use the existing on site well for our drinking water supply. Johnson: Any questions of Mr. Cathcart. Rountree: If there is annexation to the City, one of the City Ordinances requires hooking up to City water. Is this do-able. Eng. Smith: If the property is within 300' of existing City services then they have to connect. Johnson: What's been the precedence over there with the other commercial development. Eng. Smith: Western States extended sewer and water for their project, Coca Cola tied onto that. Arnold Machinery is extending the main into their project. Shearer: Where does our main come now. Eng. Smith: It comes down the middle section line, crosses under the interstate and extends to Overland Road and at that point it's teed off for future extension along Overland Road. Your roughly 1/4 mile from the church property. On the extension of the water your looking at a 10" main on Overland Road and probably an 8" into VanAuker's property. Johnson: Once we bring them into the City we require facilities which includes fire, so what's our alternative. Eng. Smith: Any fire fighting would have to be done from a tanker truck. Alidjani: I talked with the Fire Chief and he was extremely cautious about what is going on in there regarding water supply. The closest MERIDIAN P & Z AUGUST 14, 1990 PAGE #3 fire hydrant that they have is on Coca Cola ground and is on a private ground and is locked up and they have no access to that. The one next to that is on caterpillar company and that is accessible. to them but there is no way they have enough line to put out to the fire hydrant. That is why they requested two fire hydrants minimum. Johnson: My feeling is that we'd have difficulty from City Council without that provision. I could be wrong. With respect to the deposit, there again Gary what has been our precedence on that? Eng. Smith: Sometime ago I think the Council has taken the attitude that if there aren't any improvements within the immediate area, such as Western States, it didn't have any where to go. If you put in curb & gutter along there you really didn't accomplish anything. The trust fund part allows the Highway District to have the money on hand for a certain length of time and if something doesn't happen within that period of time then I believe they refund that money to you with interest. The one thing that we have to be careful of is the possibility of future development and not having in hand a vehicle to do the improvements that would be needed for your property, say if something did happen out there. That's my own personal opinion. It's been so long since there has been one before the Council I don't recall what there attitude is. Crookston: It has enlarged depending on what the possibility of quote "near" posibilities of development are. Bob Aldrich, 3300 Falcon, Meridian, was sworn by the attorney. Aldrich: In response to the questions you raised about water and about the trust fund. One of the problems, we are raising all this money ourselves. We are doing no financing, we are building as we go. The cost of a ten inch main and an eight inch extension for 1/4 of a mile, quite frankly may kill the project. We may get to the point that we can't afford to do it. As that area extends water will be brought in and we know that when it gets within the 300' then we are. going to have to do it. The same thing applies to the deposit. We understand what the situation is, but it's going to be the same number of bodies there and the same number of people. I understand the situation of the fire department. We know we are going to be on City water in the long run, but we are asking for soffie leeway. We are committed to that area. Crookston: Do you know the Fire & Safety Codes and what. they are going to be, particularly a sprinkling requirement, are you going to be able to build and not have satisfactory water service without a fire connection. Aldrich: My understanding is that those can be met, now I haven't. gone throught those specifically, the bids we got have included all those things. The other problem is trying to meet pumping standards through a well, we can increase our pump size and so forth and hit sprinkling requirements for an internal sprinkling system, we can't realistically meet pumping requirements for a fire hydrant. . . MERIDIAN P & Z AUGUST 14, 1990 PAGE #4 HEPPER: It shows a retention pond, would there be any possibility of that retention pond being used as a resevior? Alidjani: Not in .the City they can't. The only personal concern I have is the fire. The requirement for curb & gutter ACRD can waive and they can get a variance on that. My concern is that when your pump goes down and the power is out the fire is going to take over your building. What is your gain to be in the City? Aldrich: We want to do things correctly, we are not trying to duck out on water for example, we just cannot afford bringing. that much water that far right now. We do want City sewer. Alidjani: Tim I have seen where that has been done before with a water resevior and a pressurized pump system. Rountree: Have you coordinated with VanAuker's development at all to see what the status of their development is? Aldrich: I try to keep track of .what he is doing. We haven't talked to him at all about that. Johnson: Anyone else from the Public who would like to come forward and testify? Being no response, the Public Hearing was closed. What are we looking at to extend the water, just a ball park figure. Eng. Smith: The ten inch pipe itself will probably cost about $10.00 a foot, and the eight inch probably $8.00 a foot. Approximately $20,000. Johnson: It would be approximately $24,000. Eng. Smith: Did you get your bid for the sewer? Aldrich: Yes, it's about $22,000. Shearer: It would appear to me that as far as the addition goes that the fire hydrant deal could be better deciphered by the code people which would have a crack at this when the Building Permit is issued. Johnson: I don't think it would ao that far, I think. this is something that has to be addressed and answered before. the Council. I don't think it will go by the Council without it. Rountree: Are there any other utility easements either adjacent to the interstate or up a block in that area where the line could tie straight accross. Eng. Smith: I think there is an existing drainage easement parallel to the interstate, there is also a sanitary sewer easement parallel to the interstate. We are trying to keep the water and sewer lines as much as possible out of easements and in public right of ways. MERIDIAN P & Z AUGUST 14, 1990 PAGE #5 Alidjani: So what your saying is that it's not possible right now. Eng. Smith: Anything is possible. I would say that the line would have to be extended through Coke's parking lot for example rather than down through their landscape which would require another ease- ment and digging up asphalt, once you got to the east boundary of Coke then you could go accross, then your in someone's property. Johnson: Any other discussion? We've had Findings prepared and we need to address those. Rountree: The Findings seem to address the comments that were made that would require connection with City water for annexation to the city as written. I don't think that a recommendation without that is going to meet their approval. Alidjani: I have no problem with a variance for the deposit and the curbs & gutters. Rountree: I would like to see if there is anything positive coming down the road from VanAuker. I don't have any problem with waiving the ACHD requirements. Alidjani: Wayne would we have a problem with annexing something like this and not having adequate fire protection? Crookston: You always have some exposure. Johnson: I would entertain whatever you guys want to do. Rountree: I still have some discussion. Johnson: If you not in agreement with the Findings we can amend them. Rountree: The real issue is Life & Safety with the fire, it doesn't seem that they are going to meet those requirements. It is my opinion that we approve the Findings of Facts as written and possibly alert the Council that that's what we feel. Shearer: I don't whether that building requires sprinklers or not. It's my opinion that there is no way you can fire sprinkle that building with anything other than City water at a reasonable cost. Hepper: Is the Fire Department capable of handling a structure like that with tankers. Alidjani: They only have two tankers. You have. to find hydrants then it takes at least 45 minutes to refill. the. tank. FURTHER DISCUSSION ON FILE. MERIDIAN P & Z AUGUST 14, 1990 PAGE #6 The Motion was made by Rountree and seconded by Alidjani tp hereby adopts and approves these Findings of Fact and Conclusions as written. Roll Call Vote: Hepper - Yea; Rountree - Yea; Shearer - Yea; Alidjani - Yea; Motion Carried: All Yea: The Motion was made by Rountree and seconded by Alidjani that the Meridian Planning & Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning requested by the Applicant for the property described in the application, subject to the conditions stated herein and amended to waive ACRD requirement for the deposit of funds for future roadway improvements. Motion Carried: All Yea: ITEM #2: ELSWORTH LOVELAND: PRESENT PROPOSED PROJECT AT 875 WEST FRANKLIN: Johnson: Is the applicant present to represent this project. Please come forward. Betty Loveland: We are proposing a 2 acre park with a 40x65 fish pond. The pond will be stocked with trout and we will charge per pound for the fish that are caught. It will all be landscaped, and have a picnic area. We'll get our water from a well and the canal. The fish will be brought here from the Buehl Fish Hatchery. We will have a small mobile home to be used as a small store, it will be fenced and locked when we are not open. We are not sure about our hours yet. Rountree: Is the park area accessible without charge? Loveland: Yes. Rountree: You'd have picnic tables, etc. there? Loveland: Yes. Hepper: Would the park be fenced or just the pond? Loveland: It would be all fenced, the whole thing. Johnson: What type of fence do you have in mind, and the height? Loveland: I would think about a five foot cyclone fence. Johnson: What you create when you create a pond is a attraction for children. Hepper: Would there be a resident care taker? Loveland: No. MERIDIAN P & Z AUGUST 14, 1990 PAGE #7 Johnson: Where do you have in mind for the location of the pond? Loveland: On the east side of her house. I thought I would ask those people there in the apartments what they would like. there as far as the fencing, etc.. DISCUSSION ON FILE. Eng. Smith: One thing I might point out is that there is an easement that goes with this eight mile lateral, so you'll have to go to the Bureau Of Reclamation also. Crookston: The other problem is going to be where you discharge your water, because you have to have continuous flow through that pond. Loveland Rountree: now? Eng. Smith: We intend to use the discharge for irrigation. You may not be able to do that R-4 zoning now. What is the zoning there Loveland: What kind of zoning does it need? Rountree: Some kind of Commercial Zoning. Johnson: Your better off to apply for a rezone. than a CUP, Crookston: Definitely. Rountree: Voiced concerns about if the project didn't work out then we'd be left with a hole in the ground. Alidjani: How deep would the pond be? Elsworth: About 5' deep. Johnson: To me it is do-able if you can get the proper zoning. Rountree: I would definitely want to see a specific site plan. Johnson: Also you will need a sketch of everything, parking, etc. You will also need to include restroom facilities. You can get an application from the City Clerk to proceed. Discussion about the mobile home on file. Being no further business to come before the Commission. the Motion was made by Rountree and seconded by Alidjani to adjourn at 8:40 p.m.: Meeting Adjourned: .. MERIDIAN P & Z AUGUST 14, 1990 PAGE #8 (TAPE ON FILE OF THESE PROCEEDINGS) ATTEST: JACK NIEMANN,.CITY CLERK pc: Mayor & Council P & Z Members, Atty., Gass, Stuart, Ward, Fire, Eng., Police, Bldg., ACRD, CDH, NMID, ~i APPROVER: JIM JOHNSON, CHAIRMAN FILE (2) MAIL (2) BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION TREASURE VALLEY BAPTIST CHURCH ANNEXATION AND ZONING LOT 2 OF TIMOTHY SUBDIVISION MERIDIAN, IDAHO PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation, and zoning and conditional use application having come on for consideration on August 14, 1990, at the hour of 7:30 o'clock p.m. Meridian City Hall, 33 East Idaho Street, the Commission having heard and taken oral and the applicant appearing and having matter, the Planning and Zoning Commission FINDINGS OF FACT on said date, at the Meridian, Idaho, and and written testimony duly considered the makes the following: 1. That notice of public hearing on the annexation, zoning AMBROSE, FITZGERALD i CROOKSTON Attorneys en0 Counealora P.G. BOY K2T MarlElen, IGaNo B]sKZ Teleplrone SB&N81 and conditional use was published for two (2) consecutive weeks prior to the said public hearing scheduled for August 14, 1990, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the August 14, 1990, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 1 2. That the property included in the application for annexation, zoning and conditional use is described in the application, and by this reference is incorporated herein; that the property is approximately. 6.3 acres in size; it is on the south side of I-84 and adjacent thereto; it is north of Overland Road east of MeridianJKuna Road and it is known by the address 1300 Tears Avenue, Meridian, Idaho. 3. That the property is presently zoned by the county and is used as a church under a conditional use permit from the county; the proposed use would be for continued use as a church and for expansion of the present size of the church. 4. The general area surrounding the property is used in a mixed fashion; the property to the north is freeway and across the freeway there is agriculturally used property; the property to the west is zoned and used industrially by the Coke bottling facility and farther west is the Caterpillar Tractor distributor; the property to the east vacant and agricultural ground and some has been recently annexed and zoned for use as a manufactured home sales facility; and the property to the south is pasture and a residence. 5. That the property is adjacent and abutting to the present City limits. 6. The Applicant is the owner. 7. That the property included in the annexation and AMBROSE, FITZGERALD &CROOKSTON Attorneys entl Counselors P.O. eos 19 Merltllen, Itleho B3&/2 Telephone BBB-1181 zoning application is within the Area of Impact of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 2 8. That the entire parcel of ground is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 9. That the Application requests that the parcel be annexed and zoned Limited Office (LO). 10. That if the land were annexed at this time the City would be obligated to provide, at a minimum, police and fire protection services. 11. That the property is in the Mixed Use Review Area south of the Interstate and east of Kuna-Meridian Road as set forth in Policy Diagram in the Meridian Comprehensive Plan Area; the Comprehensive Plan notes at page 23 that the probable mixed- uses for the area could be service commercial, combined higher and medium density residential, open spaces uses, motels and industrial. 12. That the property can be serviced with City water and sewer and such are available. 13. Ada County Highway District, the Department of Health, the City Engineer, and Nampa & Meridian Irrigation District may submit comments and such are incorporated herein as if set forth in full. 14. That the (LO) Limited Office District is described in AMBROSE, FIT2GERALD BCROOKSTON AUwneye atb Counselors R.o. eo. ~zT Manal.n, iano tueKz TaleOnone 888-,J81 the Zoning Ordinance, 11-2-408 B. 5 as follows: (L-0) LIMITED OFFICE DISTRICT: The purpose of the (L-0) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 3 service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The L-0 District is designed to act as a buffer between other more intense non-residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal Water and Sewer System of the City of Meridian is a requirement in this district. 15. That the actual present and the proposed used of the property as a church is allowed in the Limited Office Zone as set forth in Section 11-2- 409 B. of the Meridian Zoning Ordinance. 16. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission were given and followed. 17. That due to the fact that these findings are preliminary and have been prepared prior to the hearing and submittal of evidence and testimony, these findings may be required to be altered, amended, or modified as a result of the hearing. CONCLUSIONS 1. That all the procedural requirements of the Local AMRROSE, FITZG ERALD B CROOKSTON Allorneye en0 Couneelore P.O. Boy 62l Meri0len, IOa~o B38lP Telap~ona B88-abt Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 4 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a Legislative function. 3. That the Planning and Zoning Commission has judged this annexation and zoning use application by the standards contained in Section 50-222, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, Meridian Comprehensive Plan and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been compiled with. 5. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. 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 annexation. 7. That the annexation application has been initiated by AMBROSE, FITZG ERALO d CROONSTON AUOrnaya erM Counaelon P.O. Boa 62] Mar101an, 18No 83812 reieonooa eee-usi the Applicant, the owner, and the annexation is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function the City has authority to place conditions upon the annexation of land pursuant to 67-6512, Idaho Code, and Section 11-2-418(D} of the City Zoning Ordinances. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 5 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian; that the Applicant will be required to connect to Meridian water and sewer; that the property will be subject to Site Planning Review; that the property will be subject to the requirements of the Ada County Highway District, the Central District Health Department requirements, the Nampa & Meridian Irrigation District, and the comments of the City Engineer. 10. That proper and adequate access to the property is available and will have to be maintained. 11. That since the Applicant's property is in the Mixed Use Area south of the Interstate and east of Overland Road as set forth in the Comprehensive Plan, the annexation and zoning Application is in conformance with the Comprehensive Plan and does not conflict with the Rural Areas policies since the apparent proposal is to use the entire parcel of property for church purposes, 12. That it is concluded that the annexation and zoning would be in the best interests of the City of Meridian. 13. Therefore, based on the Application, the probable AMBROSE, F1T2GERglD B CROOKSTON Attorneys entl ceusee~on v.o. Bo. az~ Merltlbn, Itleho Bx~z TeleyMne BBB~MI testimony and evidence, these Findings of Fact and Conclusions, and the Ordinances of the City of Meridian, it is ultimately concluded that Applicant's property should be annexed and zoned as requested; that the conditions should be those stated above in the comments of the Central Health District, Nampa & Meridian Irrigation District and the City Engineer, and connection to FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 6 City sewer and water facilities and other conditions to be explored at the City Council level; that such annexation would be orderly development and reasonable if the conditions are met. 14. That all of the ordinances of the City of Meridian shall be complied with. 15. That due to the fact that these conclusions are preliminary and have been prepared prior to the hearing and submittal of evidence and testimony, these conclusions may be required to be altered, amended, or modified as a result of the hearing. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL: Commissioner Hepper Vote d, Commissioner Rountree Voted %i, i_. Commissioner Shearer Voted F- Commissioner Alidjani Voted ~'~~~~~ Commissioner Johnson (Tie Breaker) Voted DECISION AND RECOMMENDATION AMBROSE, FITZGERAID ECROOKSTON Atlomeye and Couns.lon P.O. Boa l2] Meridlen, IMKo BdB12 Tsleplwna BBB x181 The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning requested by the Applicant for the property described in the application, subject to the conditions stated herein. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 7