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
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FITZGERALD
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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
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FITZGERALD
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Attorneys entl
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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
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BCROOKSTON
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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,
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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
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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
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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]
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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