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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: r _~ ~ _ ~, JIM JOHNSON, CHAIRMAN ATTEST jc... JA C NIE , CITY CLERK t., . 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 Attorneys rvM CounNloro P.O. Boz /Z7 Mnnet.n, le.no Bx~z Tsleptwne B88-zMl 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 Atiwneys An0 CounaelOrs P.O. eoz 127 Merltllan, la.no eae~z Tel.Pnone Bee-wet 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 qM BROSE, FITZGERgLD 6 CROOKSTON Attomeya antl Cooneabn R.o. ao. asT MMONn, IAano tUMZ TslpNOne 888-M81 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 Coonaelwe o.o. eo. ~T MsNAlen, IONo B3B/2 TelepNOne 88NM1 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 B3B~4 TlISDIWne BBNM1 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 Tslpirone BB8~a81