1990 07-31
i •
SPECIAL MEETING OF THE MERIDIAN PLANNING & ZONING JULY 31,1990
Special Meeting of the Meridian Planning & Zoning Commission called to
order by Chairman Jim Johnson at 7:30 p.m.:
Members Present: Moe Alidjani, Jim Shearer, Charlie Rountree, Tim Hepper:
Others Present: Carol Hendershot, Monte Ralstin, Kent Barney, Keith Jacobs,
Wayne Crookston, Mr. & Mrs. Taylor, Jack Smith:
Chairman Johnson: We have one item on the agenda, that is a Public Hearing
on a request for rezone by Hendershot Construction, at this time I will
open the Public Hearing, is there anyone in the audience who wishes to
offer testimony on the request?
Keith Jacobs, Hubble Engineering,Jacobs was sworn by the Attorney:
Jacobs: We are requesting a rezone on two lots so it is possible to build
two houses in the area, the reason for the rezone if this is not granted
it will not be feasa~ble to purchase the lots and develop both..parcels and
there will be one lot that will be unattended.
Rountree: Is it your intention to build only a single family dwelling on
each lot, if it is rezoned and resubdivided?
Jacobs: Yes:
Rountree: What is the situation with respect to the existing covenants
with what you are proposing to do?
Jacobs: I do not know what the answer to that question is, I have not
reviewed the covenants:
Rountree: Have you seen the comments from the City Engineer?
Jacobs: No, I have not:
Chairman Johnson: Why don't you read those Mr. Rountree, they are not very
long:
Rountree: Sanitary Sewer: Construct new sewer service to Lot 11 from sewer
main in Crestwood Drive, Water:Abandon existing water meter tiles located
at the common lot line of the existing Lots 11 & 12; Dig up the existing
service line connection to the main and plug the tap as required by the
water department, retap the main and construct new service line to a
double yoke meter the located at the lot corner common to the new Lot
11 & 12:
Jacobs: I think that would be acceptable:
Chairman Johnson: There is a question I have regarding. the Covenants,it is
my understanding that in order. to reduce the size of the Lots, the
Covenants require that the Architectural Committee approve this.
Jacobs: I have not made contact but Mr. Barney has,. maybe he can address
this issue.
MERIDIAN P & Z: • •
JULY 31, 1990
PAGE # 2
Chairman Johnson: Is there anyone else from the Public that wishes to
offer testimony?
Kent Barney, 2375 N. Ten Mile: Barney was sworn by the Attorney:
Barney: The question of housing on these lots, our intention is to build
single family residents, we have one lot that has a buyer for it, the
house meets the City minimum square foot standards, this particular unit
has 1336 square feet.We have shown those plans to the President of the
Home Owners Association and his comment to me was that the response to
those plans was good and he did not forsee any problems. We do not have
a purchaser for the other lot but our intention is to have it around the
same size.
Chairman Johnson: At this time you do not have the written consent?
Barney: No we don't, we have not had time, we just made contact yesterday.
Alidjani: Do you forsee a problem asking him for a letter of some kind?
Barney: The comments back from him have been postive, I can't say for
certain that he would give us that, I think he would have to probably
go back to the Homeowners Association and get their approval to give us
an ok to do this.
Chairman Johnson: Can you give us a brief overview as to how this property
got into this problem:
Barney: As near as I can tell up on the corner. they were building town
house and they had comprimised some of the lot lines, I assume to build
larger town houses and as they came around the corner there was more and
more land being used for the homes, they got down to the first single
family residence that is there and apparently that house was given
twenty five feet of Lot #11 to install a septic tank and also make the
lot conform to the zoning requirements and the reason we are asking
for a new zone is there is not enough land there to accomodate the
present zoning for two houses:
Chairman Johnson: It just does not sound like it was thought out very well
you know it is a problem they have gotten. themselves into and I wanted to
hear your idea as to what really happened there. Is there anyone else
from the Public who wishes to offer testimony?
Monte Ralstin, Jr., 935 Crestwood, Ralstin was sworn by the Attorney:
Ralstin: The 25 feet was deeded for. the owners on Lot 10 to be able. to
install a septic system as they were unable to connect. to the city sewer,
since the sewer line has been completed they have now connected to the
system, there was some discussion at one time with a prior contractor
of buying a piece of that property from the owners of Lot #10, my under-
standing is if they were to buy that property two problems would arise,
one the mortage company may have a problem in giving up their. interest
in that property and secondly the septic system would have to be removed
to make it feasible to build on and then there is another consideration
it would then make the Lot substandard. I am President of the Homeowners
Association and on the Architectural Committee, the Chairman was unable
MERIDIAN P & Z • •
JULY 31, 1990
PAGE # 3
to be here tonite, but our feeling pretty much as an Association and as
neighbors that are within that 300 foot radius, we feel that we would
like to see the development completed under Crestwood #1 & 2, that has
been out there almost fourteen years now. So ptlr feeling is that what
ever we can do to accomodate that to see these things built on we would
be willing to go with that.
City Clerk: The Commission can not actually approve this until the
applicant obtains a letter from the Architectural Committee:
Ralstin: I just became aware of that this afternoon when Mr. Barney called
me and I did go back and look at the Covenants again and saw that paragraph
and I do not think this will be a problem.
Chairman Johnson: We can make a recommendation with contingencies:
Rountree: Do you have minimum square footage in the covenants?
Ralstin: Yes we do, this meets the City's, ours was actually less than
the City's present requirements. We are happy to see this larger size.
Chairman Johnson: Anyone else from the Public wish to testify?
Ralstin: One other comment, Ithink our only concern that the other house
that would be built would be similiar in size and that appropriate set-
backs be met.
Chariman Johnson: Being no one else wishes to offer testimony, I will now
close the Public Hearing?
The Motion was made by Rountree and seconded by Shearer that the Meridian
Planning & Zoning Commission hereby adopts and approves the Findings of
Fact & Conclusions as prepared by the City Attorney:
Motion Carried: Roll Call Vote: Hepper, Yea: Rountree, Yea: Shearer, Yea:
Alidjani, Yea:
The Motion was made by Alidjani & seconded by Shearer that the Meridian
Planning & Zoning Commission hereby recommends to the City Council of the
City of Meridian that they approve the Rezone requested by the Applicant
for the property described in the application upon the conditions staed
therein & the comments of ACRD, City Engineer & Nampa Meridian Irrigation
District contingent upon receiving a letter fron the Architectural Control
Committe of Crestwood Estates giving consent to reduce the lot size to
a lesser amount.
Motion Carried: All Yea:
Being no further business to come before the Commission the Motion was made
by Rountree & seconded by Shearer to adjourn at 7:50 p.m.:
Motion Carried: All Yea:
TEST: APPROVED:
/~~ ~ ~_~~ ~ik~..
J k ~liema City Clerk ~ JOHNSON, HAIRMAN °
.,
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
HENDERSHOT CONSTRUCTION
REZONE
LOTS 11 AND 12, BLOCK 1, CRESTWOOD ESTATES #1
MERIDIAN, IDAHO
PRELIMINARY
FINDINGS OF FACT AND CONCLUSIONS
The above entitled matter having come on for public hearing
July 31, 1990, at the hour of 7:30 o'clock p.m., the Petitioner
appearing in person, the Planning and Zoning Commission of the
City of Meridian having duly considered the evidence and the
matter makes the following Preliminary Findings of Fact and
Conclusions:
FINDINGS OF FACT
1. That a notice of a public hearing on the Rezone
AMBROSE,
FITZG ERALD
6 CROOKSTON
AllorneYa end
Counselors
P.O. Box dZT
Merltlian, Itlaho
83862
Telephone BBBd681
Application was published for two (2) consecutive weeks prior to
the said public hearing scheduled for July 31, 1990, the first
publication of which was fifteen (15) days prior to said
hearing; that the matter was duly considered at the July 31,
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
S tdtlOnS;
2. That this property is located within the City of
1
• •
Meridian, the owner of record is Washington Federal Savings and
loan, and the Applicant has an Agreement to Purchase said
property; the property is described in the Application which
description is incorporated herein; the property is in Crestwood
Estates Subdivision No. 1 which is South of Franklin Road and
East of Linder Road.
3. That the Applicant requests that the property, which
is now zoned R-4, be rezoned to R-8; the Applicant proposes to
construct single family dwellings on the two lots even though
the proposed R-8 zoning would allow duplexes; the reason for the
rezone is to reduce the required lot size and street frontage
requirements.
4. For single family dwellings the minimum lot size in
the R-4 District is 8,000 square feet and the minimum street
frontage is 70 feet; that in the R-8 zone the minimum lot size
is 6,000 square feet and the minimum street frontage is 60.00
feet.
5. That the R-8 District is described in the Zoning
AMRROSE,
FITZG ERALD
BCROOKSTON
Attorneys antl
Counaelore
R.o. 9oa en
Metltlian, Itleno
eaenz
TelaDnone 998~U81
Ordinance, 11-2-408 B 2 as follows:
(R-8) MEDIUM DENSITY RESIDENTIAL DISTRICT:
he purpose o the - istrict is o
permit the establishment of single and two
(2) family dwellings at a density not
exceeding eight (8) dwelling units pre acre.
This district delineates those areas where
such development has or is likely to occur
in accord with the Comprehensive Plan of the
City and is also designed to permit the
conversion of large homes into two (2)
family dwellings in well-established
neighborhoods of comparable land use.
Connection to the Municipal Water and Sewer
systems of the City of Meridian is required.
6. That Crestwood Estates Subdivision is an R-4 type
subdivision which was developed prior to the adoption of R-4, R-
8 zones under the 1984 Zoning Ordinance.
7. That the property is contained in the CINDER ACRES
NEIGHBORHOOD as designated on the Policy Diagram at Page 7 of
the Meridian Comprehensive Plan; neighborhoods are defined in
the Plan at Page 6 and states as follows:
"Definition: The neighborhood is a residential area
with' uni~rm characteristics of a size comparable to
that usually served by an elementary school or a
small business convenience center or a local park.
Although neighborhoods occur in various shapes and
sizes, a section of the City measuring one-half to
one and one-half miles across is usually used for
planning purposes. It has facilities within easy
walking distances and provides the basis for community
identification."
8. That the use proposed by the Applicant is set forth
above and the Applicant proposes to provide for two single
family building lots.
9. That if the rezone is not approved the remaining
portion of Lot 11 could not be built on under the R-4 Zoning and
would likely be neglected and weeds allowed to accumulate.
10. That the property can be connected to City sewer and
water and those services are available.
11. That comments may be submitted by the City Engineer,
AMBROSE,
FIT2G ERAED
6CROO KSTON
Attorneys and
Counsalore
P.O. Boz t2]
MerlElen, ICef,O
87812
TelepNOne 8881181
Nampa & Meridian Irrigation District, and by the Ada County
Highway District; if submitted those comments are incorporated
herein.
12. That these findings of fact and conclusions of law
have been prepared prior to hearing on the proposed rezone, and
may have to be amended as a result of testimony at the public
hearing.
CONCLUSIONS
1. That all the procedural requirements of the Local
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.
2. That the City of Meridian has authority to grant
zoning amendments and rezones pursuant to Title 67, Chapter 65,
Idaho Code, and, pursuant to 11-2-416 of the Revised and
Compiled Ordinances of the City of Meridian, Idaho.
3. That the City has the authority to take judicial
notice of its own ordinances, other governmental statues and
ordinances, and of actual conditions existing within the City
and state.
4. That the City of Meridian has authority to place
AM BROGE,
FIT2G ERALD
d CROOKSTON
Allomeya enn
Gounaelore
P.O. eo. ~2]
MerlElen, I~No
838e]
Talepnone B88-NEt
conditions upon granting a zoning amendment.
5. That the City has judged this Application upon the
basis of guidelines contained in Section 11-2-416 of the Revised
and Compiled Ordinances of the City of Meridian and upon the
basis of the Local Planning Act of 1975, Title 67 Chapter 65,
Idaho Code, the Comprehensive Plan of the City of Meridian, and
the record submitted to it and the things of which it can take
judicial notice.
6. That 11-2-416 (K) of the Revised and Compiled
Ordinances of the City of Meridian sets forth the standards
under which City shall review applications for zoning
amendments; that upon a review of those requirements and a
review of the facts presented and conditions of the area, the
Planning and Zoning Commission specifically concludes as
follows:
a. The new zoning would be harmonious with
and in accordance with the Comprehensive
Plan and no Comprehensive Plan amendment is
required.
b. The area is in the CINDER ACRES
neighborhood which is designed for
residential uses and a mix of those uses and
a rezone of the subject property is in line
with that designation.
c. The area included in the zoning
amendment was intended to be developed in a
neighborhood fashion which is the fashion
proposed.
d. There has not been a change in the area
or adjacent areas which may dictate the
parcels should be rezoned, but if it is not
rezoned one of the lots will not be able to
be built on and likely would accumulate
weeds and detract from the neighborhood.
e. That the property must be designed and
constructed to be harmonious with the
surrounding area, and such is a requirement
and condition of the rezone.
f. The proposed uses would not be
hazardous or disturbing to the existing or
future uses of the neighborhood.
g. The property will be able to be
adequately served with public facilities,
and connection to municipal sewer and water
is required.
AMBROBE,
FITZGERALD
BCROOKSTON
Allorneys antl
GOYna6I0A
P.O. Box 427
Ma/Itllan,ltlalro
&'1842
TelepNOne BBBJ461
h. The proposed use would not create
excessive additional requirements at public
cost for public facilities and services and
would not be detrimental to the economic
welfare of the community but should in fact
be beneficial.
..
i. The proposed uses will not involve any
detrimental activity to any person's
property or the general welfare.
j. Development would not cause a
significant increase in vehicular traffic
and should not interfere with surrounding
traffic patterns.
k. That this rezone will not result in the
destruction, loss or damage of any natural
or scenic feature or major importance.
1. The proposed zoning amendment is in
the best interest of the City of Meridian.
7. That the comments, if submitted, by the Nampa &
Meridian Irrigation District, the Ada County Highway District,
and the City Engineer as incorporated herein shall be a
requirement for the rezone.
8. That all applicable fire, life safety, building codes,
and other codes and regulations and all of the ordinances of the
City of Meridian shall be met prior to any occupancy.
9. That even though the requested rezone is to R-8 which
allows duplexes the use of the property shall be limited to
single-family dwellings and such shall be a restriction in the
rezone ordinance.
10. It is finally concluded that, provided the Applicant
AM BROSE,
FIT2G ERALD
B CROOKSTON
Atlorneya an0
Counselors
P.O. Boz IP7
Msrltllan,ltlano
8381]
releononaeeB~elBt
meets the conditions stated herein, the rezone will be in the
best interest of the area and the City.
'.
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 VOTED ~"
COMMISSIONER ROUNTREE VOTED t~~-
COMMISSIONER SHEARER VOTED ~ '~`~
COMMISSIONER ALIDJANI VOTEDt,yi'C~
CHAIRMAN JOHNSON (TIE BREAKER) VOTED t `~•___
DECISION AND RECOMMENDATION
The Meridian Planning and Zoning Commission hereby
AMBROSE,
F1T2G ERALD
BCROOKSTON
Atlornaya antl
Counaelon
P.O. Box 62]
Metltlian, Itlafto
83862
Telapftona 88Bd<8/
recommends to the City Council of the City of Meridian that they
approve the Rezone requested by the Applicant for the property
described in the application upon the conditions stated herein
and the comments of Ada County Highway District, City Engineer,
and Nampa & Meridian Irrigation District, if comments are
submitted,ALSO CONTINGENT UPON RECEIVING A LETTER FROM THE
ARCHITECTURAL CONTROL COMMITTEE OF CRESTWOOD ESTATES GIVING
CONSENT TO REDUCE THE LOT SIZE TO A LESSER AP40UNT:
MOTION: % t
APPROVED: ~ iIl ry ~ DISAPPROVED:
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
COMMISSIONER ROUNTREE
COMMISSIONER SHEARER
COMMISSIONER ALIDJANI
CHAIRMAN JOHNSON (TIE BREAKER)
VOTED
VOTED
VOTED
VOTED
VOTED
DECISION AND RECOMMENDATION
AMRROSE,
F1T2G ERALD
6 CROO KSTON
Attorneys an0
Counselors
P.O. Bot 127
MBrItlIAn, ItleM1O
8]812
Teleptlone 88&1181
The Meridian Planning and Zoning Commission hereby
recommends to the City Council of the City of Meridian that they
approve the Rezone and the Preliminary Plat requested by the
Applicant for the property described in the application upon the
condition that the lots on the south boundary be increased in
size to a minimum of 7,500 square feet, and access to the parcel
owned by Hal Hatch be provided and shown on the plat.
MOTION:
APPROVED
DISAPPROVED: