Loading...
1989 08-08 A G E N D A PLANNING & ZONING AUGUST 8, 1989 ITEM #1. MINUTES OF PREVIOUS MEETING HELD JULY 11, 1989: (APPROVED) #2. CONDITIONAL USE PERMIT: NESMITH & ROSS - TABLED AT JUNE 13, _1989 MEETING: (Application Withdrawn) #3. PUBLIC HEARING: ANNEXATION & ZONING REQUEST W/PRELIMINARY PLAT - INTERWEST FINANCIAL & STUCKER:(EINDINGS TO BE PREPARED) #4. PUBLIC HEARING: PRELIMINARY PLAT - GOLF VIEW ESTATES #1:(APPROVED) #5. REQUEST FOR VACATION OF FUTUR IDA SUBDIVISION BY SUNDANCE PROPERTIES: (APPROVED) MERIDIAN PLANNING & ZONING AUGUST 8, 1989 The Regular Meeting of the Meridian Planning & Zoning Commission was called to order by Chairman Jim Johnson at 7:30 P.M.: Members Present: Jim Johnson, Jim Shearer, Charles Rountree, Moe Alidjani, Tim Hepper: Other Present: Helen Sharp, Dennis Marshall, Elliott Sheffield, Gerth Penrod, Bob Bodine, Bobby Lemke, Dale Sharp, David Collins, Leon Blazer, Roger L. Anderson, Lee R. Stucker, Gordon Wood, Maxine Monroe, Billie Jo Premoe, Dan Wood, Peggy Wood, Gary Smith, Wayne Crookston, Sumner Johnson, Don Bryan, The Motion was made by Alidjani and seconded by Rountree to approve the Minutes of the previous meeting held July 11, 1989 as written: Motion Carried: All Yea: Item #2: CONDITIONAL USE PERMIT: NESMITH & ROSS - TABLED AT JUNE 13, 1989 MEETING: Johnson: We do have a letter in file that this application for Conditional Use Permit has been withdrawn. Item #3: PUBLIC HEARING: ANNEXATION & ZONING REQUEST W/PRELIMINARY PLAT - INTERWEST FINANCIAL & STUCKER: Johnson: Is there a representative from Interwest & Stucker here tonight, if so please come forward. State your name & address and be sworn by the Attorney. Leon Blazer, 3785 Twilight Drive, Boise, was sworn by the Attorney. Blazer: We'd like to take this 56 acre parcel of ground and develop it into residential housing over approximately a three year period in phase developments. Rountree: Do you propose to be consistent with the Nampa-Meridian Irrigation Comments? Blazer: Yes, There will be a slight realignment of the road? Hepper: It shows here that there is 56.62 acres with a lots per acre 3.96, what's the particular reason that you are asking for an R-8 zone rather than an R-4? Engineer Collins: Because of the figuration of the lots needed to get the frontage. Hepper: If we did accept this and change it to that zone could we put an amendment on there that says no duplexes or multiple family housing be allowed. Blazer: Sure that's fine. Johnson: With respect to the recocrnnendations made by the City Engineer concerning access, what you did didn't exactly followthe recommendations but certainly a improvement from what you had before. Being no further questions from the Commission I will now open the Public Hearing. Is there anyone from the public who would like to address this issue, please step forward and be sworn. MERIDIAN PLANNING & ZONING • • AUGUST 8, 1989 PAGE #2 Helen Sharp, 2445 Wingate Lane, was sworn by the Attorney. Sharp: My understanding is that any subdivision has to have two accesses in and out. Where will these entrances and exits be? I am also concerned about the water table. Johnson: It's not a spot annex, there is no break between this property and the City property. Sharp: I am very opposed to the zone change but especially a zone change that would be so many houses per acre. Dan Wood, 628 Mondale Drive, Meridian, was sworn by the Attorney. wood: Are they going to require this subidivision hold back part of this ground for road. How about house size? City Clerk Niemann: It would have to be at least according to what the City Ordinances say. Wood: What would the City like to see as far as price range. Alidjani: What we have is a minimum square footage. What~the square footage that we have minimum and how many lots. Clerk Niemann: Explained costs and square footages. Wood: It would be nice to see Meridian encourage some higher price homes. Don Bryan, 2070 N. Locust Grove, was sworn by the Attorney. Bryan: I an next door to the proposed subdivision and I am here to voice my opposition against it because we don't need the excess traffic and I also question the two entrances in a subdivision of that size, I think there should be another way in somewhere behind the back. Dale Sharp, 2445 Wingate Lane, was sworn by the Attorney. Sharp: Had a question as to where N. Locust Grove is on the Map. We are right on the Ditchrider Road. My questin is, what are they going to do with that ditchrider road, are they going to put a gate there so that those people do not come down that ditch- rider road, because they are coming accross my property, I don't like that at all. I am certainly opposed to something like this. Gordon Wood, 2200 Dixie Lane, was sworn by the Attorney. Wood: I didn't understand about Dixie Lane and I don't think other people do either. This Lane is maintained mainly by myself and Mr. Monroe, if this went through other people would be using this as their alley. I also heard that Dixie Lane was also going to run East and I don't understand that. Until I understand these things, I would be against this, I want this explained to me. Johnson: We are working without benefit of the ACHD comments. right now, this is a first step in what's going to be a long process. PLANNING & ZONING AUGUST 8, 1989 PAGE /13 Does anybody else have any comments? David Collins, 2004 N. Atlantic, Boise, was sworn by the Attorney. Collins: I had a preliminary meeting with the staff at ACHD, two of the points discussed there were the alignment of Chateau rather than taking it directly east we are taking it up through north over against the five acre parcels, we looked at just taking it North of the two that are on Dixie Lane there so that in the future as land developed those residents could be left in place. The highway district indicated to me that the actual official, and I didn't get any indication from them whether it was public or a private street, they referred to it as lane.and My understanding is that term is used for private streets exclusively, in other words they would not own the right ofway. There is three accesses on the map also. Shearer: I've got a real problem here. We are requesting zoning for an R-8 and as I understand it that's a multiple family. Clerk Niemann: No its not. It only allows duplexes. Hepper: Do you have any indication of the square footage of the houses? We also have the question about the ditchrider road. Collins: We are in contact with Nampa-Meridian, I've talked two a couple of gentleman there today, I am meeting with the ditch rider on this lateral that goes through there. Hepper: Then on the R-8 zoning the reason for that was because of the lot size. Collins: It wasn't the area it was the frontage requirement. Alidjani: Do I understand you correctly that there will be a few one way and a few the other way? Collins: On this collector, no sir they will all face off, there will be no fronting lots on the Collector Road at all. Steve Hosac, 1802 N. 31st, Boise was sworn by the Attorney. Hosac: I am here to represent my parents Chuck & Lorraine Hosac who own the. ten (10) acres on the south border of this project. The first thing I would like to point out is that we are in support of this project. Our only concern is how this project may affect the future development of my parents project whichhas already been approved by the City. The annexation has been finalized but was a zoning classification given, I guess it's R-8. We would make a request with this project that they are required to extend their trunk line utilities all the way along their Locust Grove frontage so that we don't in the future have to start digging up a newly widdened street. We show on our preliminary map a road subbing to the north about the midway point, I understand that on the new map they have shown a road stubbing to the south. I do feel that there needs to be a north south connection somewhere and if Dixie Lane turns out to be the north south street I might point out that on their project that wil create double frontage situation along there easterly boundary.What I would like to suggest if Mr. Blazer & the Engineer is willing and if Planning & Zoning Commission Members are willing to set up an informal work session with the ACHD people & a representative or two from the Planning & Zoning Commission and my parents and myself and sit down with those folks and decide some of these road issues. MERIDIAN PLANNING & ZONING • • AUGUST 8, 1989 PAGE 114 Maxine Monroe, 2170 Dixie Lane, was sworn by the Attorney. Monroe: There was a question as to whether or not Dixie Lane went all the way to the end of the property and I do have some papers here that prove that it does go all the way, there is an exclusion off of the front of our property which is just before the Wood property. I don't know that it is dedicated but it is excluded from our property. There is also a question about a ditch that runs along Dixie Lane, it would be on the south side of this project, would that be covered. Alidjani: We do not know if it would be covered. Billie Jo Premoe, 3045 Wingate Lane, was sworn by the Attorney. Premoe: I would like to go on record as opposed to this project. We feel that anything moving in is an encroachment and we feel that a subdivision this large will sometime in the future cause them to feel that they need to use our private lane as a public access. Johnson: Anyone else wishing to testify? Being there no response the Public Hearing is closed. What we do is make a recommendation to the City Council based on the legality of the Ordinances. We have no authority to approve or disapprove, we just make a recommendation to the City Council. Engineer Smith: All of the ditches that are under control of the irrigation district will have to be taken care of and of course if they are required. There was further discussion. The City Attorney advised the Commission that the Preliminary Findings of Fact be revised to reflect the testimony that was received at this hearing. The Motion was made by Rountree and seconded by Shearer to have the City Attorney revise the Preliminary Findings. Motion Carried: All Yea: Item #4: PUBLIC HEARING: PRELIMINARY PLAT - GOLF VIEW ESTATES #1: Sumner Johnson, JUB Engineers, was sworn by the Attorney. Johnson: Explained the project. They have no problems with any of the comments received. Met with ACHD and resolved any problems they had. Johnson: I will now open the Public Hearing, is there anyone who wishes to testify. Being no response 2 will close the Public Hearing. The Motion was made by Hepper and seconded by Shearer to approve the Preliminary Plat of Golf Estate #1. Motion Carried: All Yea: MERIDIAN PLANNING & ZONING AUGUST 8, 1989 PAGE #5 ITEM #5: REQUEST FOR VACATION OF FUTUR IDA SUBDIVISION BY SUNDANCE PROPERTIES: Roger Anderson from Sundance Properties. Anderson: Explained the project. Wants a vacation for Lots 3&4 of Futuna Ida Sub- division to accomodate Freidman Bag Co. Hepper: The application wasn't supposed to be submitted until 15 days after it was received. Attorney Crookston: Advised this could be handled as a Variance through the City Council. The Motion was made by Rountree and seconded by Alidjani to approve this vacation. Motion Carried: All Yea: Being no further business to come before the Commission the Motion was made by Hepper and seconded by Alidjani to adjourn at 8:45 P.M.: (TAPE ON FILE) APPROVED: J N, CHAI ATTEST: J NIEMANtd/ CITY CLERK pc: Mayor & Council P & Z Members, Atty, Eng., Fire, Police, Stuart, Ward, Gass, Hallett, Valley News, Statesman, Stutzman, ACHD, NIMD, CDH, SID, ACC MAIL (3) FILE (3) r~. a • i ~ ~~1 ~ ~~~~ ~ .~ - ~~~ ~~~~~~ ~ s~ ,ter l~~ _ ~~~ ~~~ Q ~ r • BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION INTERWEST FINANCIAL AND LEE AND LEONARD STUCKER ANNEXATION AND ZONING 1/2 MILE NORTH OF FAIRVIEW AND EAST OF LOCUST GROVE MERIDIAN, IDAHO AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on August 8, 1989, at the hour of 7:30 o'clock p.m, on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Commission having heard and taken oral and written testimony and the applicants appearing and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and AM BROSE, FITZGERALD B CROOKSTON Attomaya and Counaelora P.O. Box 127 Meridian, Idaho 83812 TelepNOns 88BJ181 zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for August 8, 1989, the first publication of which was fifteen (153 days prior to said hearing; that the matter was duly considered at the August 8, 1989 hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all 4 notices were made available to newspaper, radio and television stations; 2. That the property included in the application for annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is approximately 58 acres in size; it is approximately 1/2 mile north of Fairview Avenue on the east side of Locust Grove Road. 3. That the property is presently zoned by the county AP- 1 (Agriculture) and the proposed use would be for R-4 Residential use even though the zoning requested is R-8. That R-8 zoning is requested because many of the lots do not meet the minimum 70 feet of street frontage required in the R-4 zone, but do meet the other requirements for R-4 Residential zoning. 4. The general area surrounding the property is used agriculturally with some residences; that the residential property is largely lots of an acre or greater in size. 5. That the property is adjacent and abutting to the present City limits. 6. The Applicant's Lee Stucker and Leonard Stucker are the owners of the property. 7. That the property included in the annexation and AMBRO6E, FITZGERALD E CROOKSTON Atlorney8 antl COUnNl0r9 P.O. BOx OZ] Marltlian, Itlafto 83612 Telephone BBBNBt zoning application is within the Area of Impact of the City of Meridian. 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 R-S Residential; that the present use of the property is for agriculture; that the applicant indicated that the intended development of the property is for a subdivision for which a R-8 Residential zoning is required; however the Applicant testified that the objections pertained to the development of the property at a greater density than is currently in existence in the surrounding area, to possible interference with surface irrigation and water rights, use of irrigation easements for possible access, and to a possible change in life style for the current adjacent property owners. 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 there was testimony from the public objecting to the Application. 12. That the property is in the North Curve Neighborhood as set forth in Policy Diagram in the Meridian Comprehensive AMBROSE, FITZG ERALD d CROONSTON Allorneya en8 Counselor R.O. BOR an McBGlan, lBNo 83812 Telaplwns B8&M81 Plan; that under Housing Development on page 25 and 26 of the Comprehensive Plan property inside the Urban Service Planning Area may be developed at greater densities than one dwelling unit per acre and it is the policy that a density of greater than 1 dwelling unit per 5 acres may not be exceeded outside of the Urban Service Planning Area. 13. That in the Rural Area section of the Comprehensive Plan it does state that land in agricultural activity should so remain in agricultural activity until it is no longer economical to exclude orderly growth and development for agricultural pursuits. 14. That Meridian has, and is, experiencing a population increase; that the number of residential building lots has significantly decreased in the last two to three years; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots; that a residential subdivision has previously been annexed and zoned which abuts the Applicant's property on the south. 15. That the property can be serviced with City water and sewer. 16. Ada County Highway District and the Department of Health may submit comments and such shall be incorporated herein AMRROSE, FITZG ERALO B CROONSTON Attomeye end Cpunselwe P.O. Bo. I37 MerlElan, IAA~o 83M2 Tsllplwns 888-NB1 as if set forth in full. 17. That the City Engineer may submit comments and such shall be incorporated herein as if set forth in full. 18. That the R-8 Residential District is described in the Zoninq Ordinance, 11-2-408 B. 2 as follows: (R-8) MEDIUM DENSITY RESIDENTIAL DISTRICT: The purpose of the (R-8) District is to permit the establishment of single and two (2) family dwellings at a density not exceeding eight (8) dwelling units per acre. This district delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City of Meridian 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. That the Applicant stated development would be at four (4) dwelling units per acre regardless of the zoning. 19. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission were given and followed. 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 AMRROSE, FITZGERALD B CROOKSTON Attorneys and C.OUnMIOre P.O. lloz ~2] Meddlsn, IdMro eJ6~2 Telephone BBB~e91 within 300 feet of the external boundaries of the Applicant's property. 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 contained in Section 50-222; Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, Meridian Comprehensive Plan as amended February 19, 1965, 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 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 AM BROSE, FITZGERALD &CROOKSTON Atlomeye enE CounNloro p.o. Bo: azT Meripian, ICMo 83B~t TalepNwb SSB M81 the Applicant, with consent of the owners, 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. 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616 which pertains to development time schedules and requirements; that the Applicant will be required to connect to Meridian water and sewer; that the property will be subject to Site Planning Review. 10. That proper and adequate access to the property is available and will have to be maintained. 11. That there has been an increase in population and a reduction in residential lots capable of being built in which warrants conversion of land previously used agriculturally to residential uses. 12. That since the Applicant's property is in the North Curve Neighborhood of the Comprehensive Plan, the annexation and zoning Application is in conformance with the Comprehensive Plan and does not conflict with the Rural Areas policies. AMBR08E, FITZG ERALD B CROOKSTON Allomays and Counaelora P.O. Boa ~1] Merltllan, Idaho 83802 Tebplwne 888~~81 13. That it is concluded that the annexation and zoning would be in the best interests of the City of Meridian. 14. Therefore, based on the Application, the 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 development of the property, even though zoned R-8, should be at a density of not greater than four (4) dwelling units per acre; that the conditions should be those stated above and upon issuances of final platting or issuance of a building permit 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. AMBROSE, FITZG ERALD S CROONSTON Attorneys and Counaelora P.O. Box 127 Mer181an, IMAo 83812 Talep1aM 8881181 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~Cbt Commissioner Rountree Voted Commissioner Shearer Voted~~ Commissioner Alidjani Voted~~ Commissioner Johnson (Tie Breaker) Voted DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning R-8 Residential requested by the Applicant for the property described in the application, subject to the conditions stated herein. MOTION: APPROVED:~_ DISAPPROVED: AMBROSE, FITZGERALD fl CROOKSTON Anorn•ye entl Counseiore V.O. Boz 027 Merltllen, ItlMo 83M2 TelpfloM BBS~/81