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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: