1990 10-09S
A G E N D A
MERIDIAN PLANNING & ZONING
OCTOBER 9, 1990
ITEM:
MINUTES OF THE PREVIOUS MEETING HELD SEPTEMBER 11, 1990: (APPROVED)
1: PUBLIC HEARING: ANNEXATION & ZONING REQUEST BY BRITTON, SPENCER
& FULLER-SCOTT INVESTMENTS: (FINDINGS TO BE PREPARED)
2: PUBLIC HEARING: REZONE REQUEST BY CLUDAS & LOVELAND ON FRANKLIN
ROAD : ( TABLED )
MERIDIAN PLANNING & ZONING
OCTOBER 9, 1990
The Regular Meeting of the Meridian Planning & Zoning Commission was called to order
by Chairman Jim Johnson at 7:30 p.m.:
Members Present: Moe Alidjani, Charlie Rountree, Jim Shearer, Tim Hepper:
Others Present: Jim McDill, Sara Cludas, Norman Fuller, Shannon Spencer, Eric Jensen,
Ira L. Gunn, Don Hubble, Chuck Fuller, Wayne Crookston, Al Loveland, Betty Loveland,
Eric Jensen, Jim Mowery:
The Motion was made by Alidjani and seconded by Shearer to approve the Minutes of
the previous meeting held September 11, 1990 as written:
Motion Carried: All Yea:
ITEM #1: PUBLIC HEARING: ANNEXATION & ZONING REQUEST BY BRITTON, SPENCER & FULLER-
SCOTT INVESTMENTS:
Johnson: Is there a representative here for this request, if so please come forward
and present your project, the Public Hearing is now open.
Don Hubble, 3952 Daisy Way, was sworn by the attorney.
Hubble: I am the representative for this project. What we are proposing here is to
annex and zone two 10 acre parcels. The one parcel would be partly zoned R-8 and the
balance would be zoned R-4. The other parcel would be zoned entirely R-4.
Alidjani: Do you have any problem with the City Engineer's comments?
Hubble: We are aware of the comment and the owners of this property also owns the
Meridian Greens Subdivision and during the planning we will work with the City Engineer
to work something out for another well site. We don't have any problems with any of
his comments.
Rountree: Is the area adjacent to Meridian Greens in your proposed annexation, is
that part of Meridian Greens Subdivision?
Hubble: The southerly portion will be become a part of Meridian Greens.
Rountree: You've spread ,out some different zoning catagory's, you obviously have
something in mind for that parcel on Overland, where does that fit in in your
concept?
Hubble: That would be higher density residential.
Rountree: You've seen the comments from Ada County Highway District? The only other
comment that they made was to provide curb, gutter and sidewalk, they indicate to
match existing but I don't think there is any existing out there is there?
Clerk Niemann: No I don't believe so.
Hubble: The right of way would be no problem. Would that be a condition of the rezone
and annexation or would that be a condition of further development?
Rountree: Further development.
Hepper: On the R-8, would that be multi family housing or single family housing with
a higher density?
MERIDIAN P & Z
OCTOBER 9, 1990
PAGE #2
Hubble: I'm not sure if plans have progressed that far yet.
Johnson: Is there anyone else from the public who would like to come forward and
testify on this application? Being no response the Public Hearing was closed.
The Motion was made by Rountree and seconded by Alidjani to have the attorney prepare
the Findings of Fact and Conclusions of Law for this request.
Motion Carried: All Yea:
The Motion was made by Rountree and seconded by Shearer to recommend to the City Council
a favorable recommendation.
Motion Carried: All Yea:
ITEM #2: PUBLIC HEARING: REZONE REQUEST BY CLUDAS & LOVELAND ON FRANKLIN ROAD:
Johnson: Is there a representative here. The Public Hearing is now open.
Al Loveland, 411 Resseguie, Boise, was .sworn by the attorney.
Loveland: We intend to put a fish pond in, we are combining two acres subject to the
rezoning. The fish pond will be 65x40 and we are going to put a well there. Wastewater
will be absorbed on this ground. We intend to put in sanitary facilities and a fence
around it.
Johnson: What kind of an arrangement do you have with the other four acres.
Loveland: The owners agreed that we could use their water for irrigation.
Johnson: Is that the same owner you are purchasing your property from?
Loveland: Yes.
Johnson: What did you have in mind in terms of facilities for restrooms?
Loveland: We intend to put up a building for male and female occupancy.
Alidjani: Are you going to hook it up to City sewer?
Loveland: I haven't explored that yet. I would like to hook it up with the City sewer,
yes.
Hepper: It says here on the City Engineer's comments that no sewer line exists
adjacent to the property, so apparently there is no City sewer available is that correct?
Loveland: I think there is. there is apartment complexs on both sides of this.
we do intend to investigate that.
Rountree: Have you had the opportunity to go over the comments from Ada County Highway
District? How do you propose to deal with their site specific requirements.
Loveland: We will have to deal with it.
MERIDIAN P & Z
OCTOBER 9, 1990
PAGE #3
Rountree: You're willing to put in curb, gutter and sidewalk?
Loveland: Yes, if its required.
Rountree: Do you have a sketch of the project?
Loveland: I don't have a sketch, we did have one but I don't know what happened
to it.
Rountree: Have you investigated the use of your wastewater forirrigation purposes.
Loveland: I went to the Fish & Game and they said no trouble at all. There was
concern that we'd have trash fish in there but we are not going to have that. Other-
wise they had no comment on it.
Rountree: Did they address the nuisance or possibility of nuisance with the smell?
Loveland: No, I went to the water resources also and I never got any decision from
them. I've paid for the Water Resources and I do have a receipt.
Rountree: The information indicates it is a doable project in terms of even the
wastewater for irrigation purposes but they don't indicate whether it could
become a nuisance.
Loveland: We went to the Fish & Game and there was a question of where the water
would be polluted or not, but according to their findings there is nothing wrong with
using the water for irrigation, in fact they said that it's more beneficial that other
types of fertilizer.
Johnson: In any of your discussions Mr. Loveland did anybody talk about smell?
Loveland: No. There wasn't anybody that said anything about smell.
Rountree: Have you ran accross anything about mesquito problems? Would that be
taken care of with the management of the pond?
Loveland: I don't think that will be a problem, we intend to put in a fountain
so that the water will be moving all the time. The water won't be still.
Alidjani: I have a question for the attorney. If this is zoned commercial, is there
a way that this can be used for anything else because it's zoned commercial?
Crookston: Once it's zoned commercial it can be used for anything that is commercial.
Alidjani: So on the other hand aren't we leaving our self wide open if its zoned
coaunercial with no indication of having it particularly for just this use, and later
on for one reason or another it doesn't go through and we have no commercial in that
particular area. Could that propose a problem in the future.
Crookston: It could, yes. You could make it conditionary.
Johnson: With respect to this Fish Health Inspectors note to you regarding fish
ponds and the wastewater permit, what would be your annual fish production per year?
MERIDIAN P & Z
OCTOBER 9, 1990
PAGE #4
Loveland: We don't intend to raise fish, we buy the fish from Buhl.
Johnson: Two of the concerns with the Central District Health have to do with
mosquito breading problems. Is there a way of controlling that with spray?
Loveland: We could spray if necessary.
Johnson: Is there anyone else from the public who would like to come forward
and give testimony.
Jim McDill, 965 S. Milwaukee, was sworn by the attorney.
McDill: I own two of the buildings on SW. 7th adjacent to this. I would think
that before we could go ahead with something like this there should be a plot
plan showing what's going to go in there. I would like to know more about this
before it's passed. Will there be trash bins, trash trucks coming in early and late?
Alidjani: What would you like to hear?
McDill: I would like to see a plot plan. I understand that the water used for
irrigation but when its turned loose and just sits there is going to be stagnet
water back there that will draw mosquitos.
Rountree: Your property abutts this project?
McDill: Yes, I have one on the east side of NW 7th Street, one of them backs up to
this property and one is across the street from it. There are four units in each
building.
Johnson: Anyone else from the public who would like to come forward.
Eric Jerrson, 120 S. Crestwood, was sworn by the attorney.
Jetson: Presented a petition signed by 49 homeowners of Crestwood Estates which
is adjacent to this property, there is a total of 62 signatures that are all in
opposition to this project. My house borders against this. Voiced concerns about
having children nearby and mosquitos.
Johnson: This petition is entered into record.
Rountree: Could you tell us of some of the problems that you know of with fish
ponds?
Jetson: Even if the water is moving there is still still. water along the edges which
promotes mosquitos. Out of everybody I contacted they were all against it except
one couple which was undecided. There are 62 total signatures against this.
Johnson: Is there anyone else from the public who wishes to testify.
Ira Gunn, 211 SW 7th Ave., was sworn by the attorney.
Gunn: My property backs up with the back of this project. I'm on the corner of
SW. 7th, my patio would be right in back of this. We've got enough problems over there
now with mosquitos and things now, we don't need any more. The water being spread
MERIDIAN P & Z
OCTOBER 9, 1990
PAGE #5
over this is going to cause more. It will cause more problems with people trying
to get into the place and so forth.
Johnson: Anyone else from the public who would like to come forward.
Jean Mowery, 958 Crestwood Dr., was sworn by the attorney.
Mowery: I am half of the undecided couple. We wanted to hear some more about it
before we made a decision. We are going to have a 65x40 pond out there, what if
this project doesn't make it, who is going to fill the pond up. Will the parking
lot be paved or will it be something that will cause a bunch of dust? Will there
be people there at night fishing, if not who will secure the thing? Our front
living room windows look right out onto this so we will be affected by what goes in
there.
Johson: Anyone else to testify, being no response, the Public Hearing was closed.
The Motion was made by Shearer and seconded by Alidjani to have the attorney prepare
Findings of Fact and Conclusions of Law.
Hepper: How about some discussion. Would we want to have a plat map drawn up and
maybe take a little closer look at what he has proposed and perhaps have the sanitary
facilities explored a little more to find out where the sewer line would be or what
you'd be looking at?
Johnson: In review of the testimony and the concerns I would certainly think that all
those things would be appropriate.
The Motion made by Shearer was withdrawn and also the seconded by Alidjani was with-
drawn.
The Motion was made by Hepper and seconded by Rountree to table this until Nov. 13, a site plan,
sanitary requirements, noise, parking lot, hours of use, security, are things that need
to be answered.
Motion Carried: All Yea:
Johnson: We do have a Special Meeting on October 30, 1990 at 7:30 pm. to consider the
changes with respect to our Impact Area.
The Motion was made by Shearer and seconded by Hepper to adjourn at 8:12 p.m.:
Motion Carried: All Yea:
Meeting Adjourned:
APPROVED:
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JIM JOHNSON, CHAIRMAN
ATTEST
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JA C NIE , CITY CLERK
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3EFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
BRIT70N, SPENCER, AND FULLER-SCOTT
ANNEXATION AND ZONING APPLICATION
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled annexation and zoning application
having come on for consideration on October 9, 1990, 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 through their engineer and the Commission 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, zoning
AM BROSE,
FITZGERALD
A CROOKSTON
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and conditional use was published for two (2) consecutive weeks
prior to the said public hearing scheduled for October 9, 1990,
the first publication of which was fifteen (15) days prior to
said hearing; that the matter was duly considered at the October
9, 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Page - 1
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 20 acres in size; that it is a rectangular parcel
of land with regular boundaries; it is on the south side of
Overland Road and it has frontage along Overland Road; the
property is east of Meridian Road.
3. That the property is presently zoned by the county as
AP-2; the proposed use would be for R-4 and R-8 residential
development; the applicant proposes to have approximately 17.863
acres zoned as R-4 residential and a parcel in the northwest
corner consisting of 2.280 acres zoned as R-8 residential.
4. The genera] area surrounding the property is used as
follows: the property to the north is zoned industrial and
commercial and is so used; the property to the west is zoned R-4
residential and is being so used and so developed; the property
to the south and to the east is zoned R-4 Residential.
5. That the property is adjacent and abutting to the
present City limits abutting the Meridian Greens Subdivision and
abutting property within the City limits to the north of
Overland Road.
6. The Applicants are the owners of the property.
7. That the property included in the annexation and
AMBROSE,
FITZGERALD
6 CROOKSTON
Allomeye en0
Counselors
P.O. Bor 4Y'!
MerlOlen, IOeNo
83812
Telephone BB&//8/
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 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.
The parcel is included in the area designated by the
Comprehensive plan as the Meridian Hills Neighborhood; that the
Application does not require a Comprehensive Plan amendment.
9. That the Application requests that the parcel be
annexed and zoned as set forth in paragraph 3 above and the
Applicants propose to develop the property in the fashion
allowed in the requested respective zones.
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 can be serviced with City water and
sewer at this time and such are available. If annexed, upon
development, the parcel would have to connected to City sewer
and water pursuant to the Ordinances of the City.
12. Ada County Highway District submitted comments and
such are incorporated herein as if set forth in full.
13. That the City Engineer, Central District Health
Department and irrigations districts may submit comments and
such shall be incorporated herein as if set forth in full
herein.
14. That the (R-4) Law Density Residential District is
AMBROSE,
FIRGERALD
ACROOKBTON
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described in the Zoning Ordinance, 11-2-408 B. 1. as follows:
(R-4) Low Density Residential District: The purpose of the
R-4 District is to permit the establishment of low density
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Page - 3
single-family dwellings, and to delineate those areas where
predominately residential development has, or is likely to
occur in accord with the Comprehensive Plan of the City,
and to protect the integrity of residential areas by
prohibiting the intrusion of incompatible non-residential
uses. The R-4 District allows for a maximum of four (4)
dwelling units per acre and requires connection to the
Municipal Water and Sewer systems of the city of Meridian.
15. That the (R-8} Medium Density Residential District is
described in the Zoning 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) dwellings per acre. This district delineates
those area 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 of the City of Meridian is required.
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 there was no testimony at the hearing objecting
to the Application.
CONCLUSIONS OF LAW
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 annex land
AMBROSE,
FITZG ERALD
B CROOKSTON
Attorneys a~M
COUnNlpnl
P.O. Box s2T
MME4n, IOeho
BJBIt
Telephone BB&u8t
pursuant to 50-222, Idaho Code, and pursuant to 11-2-417 of the
Revised and Compiled Ordinances of the City of Meridian; that
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Page - 4
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 6e a shoestring annexation.
7. That the annexation application has been initiated by
the Applicant and 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
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FITZGERgLD
6 CROOKSTON
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comply with the Ordinances of the City of Meridian and in
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Page - 5
AM BROSE,
FITZGERALD
6 CROOKSTON
Attornaya eno
Counselor
P.O. Box ~YT
MmlAlen, torso
BSM2
TalepoOne BBBI~81
particular Section 11-9-b16 which pertains to development time
schedules and requirements; that the Applicant, at his own cost,
will be required to connect to Meridian water and sewer upon
development; that the property will be subject to the
requirements of the Ada County Highway District, and the
requirements of the Central District Health Department
requirements, the Nampa & Meridian Irrigation District, and the
comments of the City Engineer.
10. That since the Applicant's property is in the Meridian
Hills Neighborhood as designated in the Comprehensive Plan, the
annexation and zoning Application is in conformance with the
Comprehensive Plan.
11. 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 of ~_aw, and the
Ordinances of the City of Meridian, it is ultimately concluded
that the annexation of the Applicants' property is reasonable
and is in the best interests of the City of Meridian and that
Applicant's property should be annexed and zoned as requested;
that the conditions should be those stated above 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Page - 6
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 ~~~~`?
Commissioner Shearer Voted ,~/;_
Commissioner Alidjani Voted r~~~~.,,,E
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 requested by the Applicant for
the property described in the application, subject to the
conditions stated herein.
MOTION:
APPROVED: y~ DISAPPROVED:
AM BROSE,
FIT2GERALD
6 CROOKSTON
Allomeys an0
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
Page - 7
PETITION TO AMEND THE AREA OF IMPACT
AND ASSOCIATED ORDINANCES
AMRROSE,
FIRGERALD
BCROOKSTON
Atlomays An0
Counwlon
P.O. BOa /I7
MerlEiAn, IEMo
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The Meridian Planning and Zoning Commission hereby
petitions itself and the Meridian City Council to amend Chapter
13, Title I, Area of City Impact, of the Revised and Compiled
Ordinances of the City of Meridian.
The proposed amendments Chapter 13, Title 1, Area of City
Impact, are as follows:
1. To change the Area of City
extend it on a portion of the west
and to extend it in the northeast
west of Cloverdale Road and to 1/
Millan Road. The proposed Area of
as shown on the attached map.
Impact boundary tc
to Mc Dermott Road
corner to 1/4 mile
4 mile south of Mc
Impact boundary is
2. To repeal Chapter 13, Title 1, Area of City
Impact and to re-enact it to re-organize it and to set
forth the Area of Impact boundary and map; to delete
one of the "Renegotiation" provisions since there is
now a duplication of the same provision; to state and
reaffirm that the Meridian Comprehensive Plan shall
apply to the Meridian Area of City Impact; to state
that within the Area of Impact but outside the City
limits land use applications shall be governed by the
Ada County Zoning and Subdivision Ordinances; to state
that all proposed subdivision plats within the
unincorporated area of impact shall be submitted to
both the City of Meridian and Ada County for approval;
to state that proposed subdivision plats in Ada
County's Rural Transition Zone and in Meridian Urban
Service Planning Area Boundary shall contain a street
and utility easement plan which provides for
resubdivision to urban densities, unless a waiver of
that requirement is obtained from the Meridian City
Council; to state that subdivisions in the Ada County
Rural Transition Zone and in the Meridian Urban
Service Planning Area, prior to the issuance of the
first building permit shall install dry line sewer and
water lines to accommodate future resubdivision to
Urban densities unless a written waiver of this
requirement is granted by the Meridian City Council;
to provide for a referral process between the City and
Ada County for land use applications and providing for
a referral process resolution; to provide for a
renegotiation procedure for the Area of Impact and the
Area of Impact Agreement contained in Chapter 13,
Title 1, and to state that during renegotiation the
existing provisions shall apply.
.DATED this,~~ day of October,/1990.
~HAI18~1.A'N, MERIDIAN PLANNING &
ZONING COMMISSION
AMBROSE,
FITZGERALD
B CROOKSTON
AROmeya antl
Cquna9lpro
P.O. Box ~II7
Marltllan, Msho
BJM2
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