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1997 11-25 MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING AGENDA TUESDAY, NOVEMBER 25, 1997 - 5:30 P.M. CITY COUNCIL CHAMBERS PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 62.06 ACRES TO L-0 FOR A CITY PARK AND PUBLIC SERVICE FACILITIES BY CITY OF MERIDIAN -WEST OF MERIDIAN ROAD, NORTH OF USTICK ROAD: PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING OF 62.06 ACRES TO L-O FOR A CITY PARK AND PUBLIC SERVICE FACILITIES BY CITY OF MERIDIAN: (APPROVED FINDINGS; PASS ON RECOMMENDATION TO CITY COUNCIL) 2. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 47.58 ACRES TO I-L FOR A WASTE WATER TREATMENT PLANT AND RELATED FACILITIES BY CITY OF MERIDIAN -WEST OF TEN MILE ROAD, NORTH OF USTICK ROAD: PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING OF 47.58 ACRES TO I-L FOR A WASTEWATER TREATMENT PLANT AND RELATED FACILITIES BY CITY OF MERIDIAN: (APPROVED FINDINGS; PASS ON RECOMMENDATION TO CITY COUNCIL) MERIDIAN PLANNING ~ ZONING COMMISSION SPECIAL MEETING AGENDA TUESDAY, NOVEMBER 25, 1997 - 5:30 P.M. CITY COUNCIL CHAMBERS 2. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 62.06 ACRES TO L-0 FOR A CITY PARK AND PUBLIC SERVICE FACILITIES BY CITY OF MERIDIAN -WEST OF MERIDIAN ROAD, NORTH OF USTICK ROAD: PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING OF 62.06 ACRES TO L-O FOR A CITY PARK AND PUBLIC SERVIC~j F CILITIES BY CITY OP MERIDIAN: ~~~f-a v~,~/r ~clCli. ~-,-. ~.. cCe aC y co°~e c-ti ~m~ PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 47.58 ACRES TO I-L FOR A WASTE WATER TREATMENT PLANT AND RELATED FACILITIES BY CITY OF MERIDIAN - WEST OF TEN MILE ROAD, NORTH OF USTICK ROAD: PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING OF 47.58 ACRES TO I-L FOR A WASTEWATER TREATMENT PLANT AND. RELATED FACILITIES BY CITY OF MERIDIAN: Li'Y/G'~ {,~ ~ C:l( CU~C C'27-t'G~ bzv ERIDIAN PLANNING & ZONING COMMISSION NOVEMBER 25, 1997 The special meeting of the Meridian Planning and Zoning Commission was called to order by Chairman Jim Johnson at 5:30 P.M.: MEMBERS PRESENT: Mark Nelson, Byron Smith, Keith Borup: OTHERS PRESENT: Wayne Crookston, Will Berg, Shari Stiles, Gary Smith, Joe Simunich, Ted Williams, Dennis Bramble, AI Klein: ITEM #1: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 62.06 ACRES TO L-O FOR A CITY PARK AND PUBLIC SERVICE FACILITIES BY CITY OF MERIDIAN -WEST OF MERIDIAN ROAD, NORTH OF USTICK ROAD: PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING OF 62.06 ACRES TO L-O FOR A CITY PARK AND PUBLIC SERVICE FACILITIES BY CITY OF MERIDIAN: Johnson: I will now open the public hearing and ask that the City's representative address the Commission at this time. Shari Stiles, 33 East Idaho, Meridian, was sworn by the City Attorney Stiles: Mr. Chairman and Commissioners this request for annexation is for the city park that is located at the NW comer of Ustick and Meridian Road. The purpose of the annexation is so that we can control how that is developed without going through the County so the City can save the building permit fees that would otherwise go to Ada County. Johnson: Any questions of the applicant? Borup: This is addition to existing City limits somewhere? Stiles: Yes Johnson: Any other questions? This is a public hearing, anyone else wish to testify at this time on the park? Jce Simunich, 955 W. Ustick Road, Meridian, was sworn by the City Attorney. Simunich: Mr. Chairman, 1 would like to ask you what are the permitted uses under this zoning? Johnson: There are several, it is best we get you a copy of the zoning book so you can read those. Those are available through the City Clerk anytime you want to know what limited office means. I don't have those in front of me. Meridian Planning & Zo~g Commission • Special Meeting November 25, 1997 Page 2 Stiles: Mr. Chairman and Commissioners the zone we are requesting is limited office, the only reason we are requesting that zone is because we are still developing a zone that is specifically for parks that would allow only parks or public service facilities in that zone. One thing that we didn't want to happen was for someone to come in and try to do residential development or some commercial development thinking they were going to use some of the city's property. That was the reason for the L-O zone it was really because we didn't have anything else that fit. Simunich: I noticed now there is well drilling going on I understand there is going to be some kind of a water tank set up there. Stiles: There is a proposal fora 2 million gallon water reservoir at that site and that would be permitted with the design review. Simunich: You have already started that prior to being annexed and zoned. Johnson: They own it. Simunich: I know they own it, I own some property too but 1 can't do anything I want with it. Stiles: What they are doing on the property now does not require a permit other than through the Department of Water Resources or any action. No other action is required, we don't have to go through the County for that, it is just they are drilling a test well. Simunich: Including the storage tank that is proposed also? Stiles: The storage tank has not been submitted for building plans yet. It is in the design process in this zone once the property is annexed it will be permitted for design and that wilt go through the City Council. Simunich: One more question, is it a possibility that the race track could move over there, would that be permissible zoning? Stiles: Not at this time no, the race track is a private enterprise as I understand a privately run business. The City has no plans to put the race track there at this time that I am aware of. It is being purchased, the property is being purchased with park impact fees and I don't believe that would lend itself to allowing something like that to be put there. If you have heard something to that effect it is possible that a rumor has been going around but there are absolutely no plans at this time to relocate the track there. Simunich: Under this zoning that would not be permitted Meridian Planning & Zon~g Commission • Special Meeting November 25, 1997 Page 3 Stiles: That is correct. Simunich: Thank you Johnson: Would anyone else like to testify or ask questions? Ted Williams, 3080 North Meridian Road, Meridian, was sworn by the City Attorney. Williams: My question is I was under the understanding that to annex property it needed to touch another piece of annexed property in the City. Is that true? Johnson: That is true it has to be contiguous. Williams: And this may have already been answered but I didn't understand it. On this map here is it contiguous meaning part of the road? Johnson: Right, it can be across the road, that is the definition. Williams: Is there going to be some areas along the road that are going to be annexed that aren't already annexed? Johnson: If people apply for that. The City of Meridian only responds to applications. Right now we don't have any applications that affect any other property there. Williams: So these areas 1, 6, 30 and 36 are already annexed, the long thin sections? Johnson: I don't know what your numbers refer to. (Inaudible) Williams: So that is talking about the whole section? Johnson: Those are just directions to the section numbers. In other words those four sections come together at that intersection. 36, 30 and 1 and 6 come together. That is just an identification. So it is Township 3N., Section 30 for example. Williams: So I guess I don't see where this annexed property is going to be touching any other city property. That is not important? Johnson: Yes it is important, it is on the map there is it not? Stiles: It is showing a section of the right of way that is being annexed and this is being done at the direction of the City Council. Meridian Planning & Zon~g Commission • Special Meeting November 25, 1997 Page 4 Johnson: Which is this line (inaudible) into that other piece of land that is already in the City right, is that what you are talking about on the map? Stites: Yes Johnson: So this is being annexed which is the right of way and this property is already in the City Williams: So the right of way is going to be annexed it is not annexed at this point, that was my question earlier. Johnson: That is part of the legal is it not? Stiles: Yes it is. Williams: What is the dimension of that annex from the centerline of the road out? Johnson: I don't know, do you know Shari? Stiles: It would be between 50 and 90 feet when you get right next to the park site I believe it would be about 25 feet because it is from the Centerline of the road. Williams: So you are saying 25 feet from the centerline of the road? Stiles: Yes Williams: Now how is that going to affect if my property lies in that area how does that affect me as far as taxes? Stiles: Where are you located? Williams: 1 am located at 3080 N. Meridian Road. Johnson: Where is it on the map? Williams: I am this property right there, just south. Stiles: How many acres do you have there? Williams: An acre and a half. Stiles: Once you are surrounded by the City the City would have the ability to force an annexation if it is 5 acres or under. The City has not done that in the past, it doesn't have immediate plans to do that except in the more densely populated areas of the City Meridian Planning & Zonllfg Commission • Special Meeting November 25, 1997 Page 5 that are surrounded. It is a possibility in the future that you could be annexed but that is not the intent at atl at this time. Williams: I understand that except part of my property it is my understanding will be annexed. I don't know exactly how much, you are saying 25 feet from the centerline of the road. So a portion of my road frontage will be annexed. Stiles: That is already public right of way and it doesn't belong to those property owners. It is a dedicated public right of way Williams: Okay, so this isn't going above and beyond the right of way that is already there? Stiles: No Williams: Okay, the only other questions I had were also regarding the water tank, are there going to be some future hearings on that? Is the site set? Johnson: This application is just for the zoning it is not for any structures. That will have to be done through permit process. Williams: That is all I had then. Johnson: Anyone else? Any questions by the Commissioners to anyone? Borup: Just some clarification, I think there was reference earlier to an L-0 rather than and IL. The application calls for IL Johnson: Everything on here is L-O, the sewer plant is IL. Borup: I am reading in the findings not in the application. Johnson: Well there are some corrections for the findings when we get to that. I think that is one I have circled. Any further discussion, if not I will Gose the public hearing. What would you like to do. We do have some preliminary findings prepared already, if you are ready we can talk about those. Let's talk about those. I have a few, just a couple of typographical errors in here to point out. These are really draft copies anyway, on the first page the time of the meeting is wrong. That needs to be corrected to 5:30. On page 2, item 3 there is a typographical the second word of that paragraph is "the". The zoning boiler plate description there is for a different zoning, should be L-O and that is on page 3, item 12. Borup: It is also mentioned in the top of the page in item 9. Meridian Planning & Zon~g Commission • Special Meeting November 25, 1997 Page 6 Johnson: This is very minor, it is probably not even an error but the letters are usually capitalized under conclusions and recommendations. It is not very important, that is all I have. Any other discussion regarding those or any other corrections? Smith: Mr. Chairman, page 5, item 12 references an I-L zone, also page 6, item 13. Johnson: So those all should be changed to L-0 right? Any other corrections or discussion? Wayne we can take these preliminaries can we not and incorporate the testimony given tonight and go ahead with those or do they need to be redrawn? Crookston: You can incorporate the testimony. Johnson: That would be my preference. Smith: Mr. Chairman, I would like to make a motion that we ask the City Attorney to draft final, no. I would like to make a motion that the Meridian Planning and Zoning Commission hereby adopt and approves these findings of fact and condusions of law with the inclusion of the testimony and corrections noted tonight. Borup: Second Johnson: tt is moved and seconded that we approve the findings of fact and conclusions of law as prepared by the City Attorney with the additions and corrections from the testimony this evening, roll call vote. ROLL CALL VOTE: Borup -Yea, Smith -Yea, Nelson -Yea, MacCoy -Absent. MOTION CARRIED: All Yea Johnson: Is there a recommendation you wish to pass onto the City Council at this time? Smith: Mr. Chairman, the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning as stated above in the conclusions for the property described in the application with the conditions set forth in the preliminary findings of fact and conclusions of law and that the applicant be specifically required to meet all the ordinances of the City of Meridian specifically including the development time requirements and the conditions of these preliminary findings and conclusions. And that if the conditions are not met that the property be de-annexed. Borup: Second Meridian Planning & Zo~g Commission • Special Meeting November 25, 1997 Page 7 Johnson: Moved and seconded we pass the recommendation to the City Council as stated by Commissioner Smith, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #2: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 47.58 ACRES TO I-L FOR A WASTE WATER TREATMENT PLANT AND RELATED FACILITIES BY CITY OF MERIDIAN -WEST OF TEN MILE ROAD, NORTH OF USTICK ROAD: PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING OF 47.58 ACRES TO I-L FOR A WASTE WATER TREATMENT PLAN AND RELATED FACILITIES BY CITY OF MERIDIAN: Johnson: I will now open the public hearing and invite the applicant's representative to address the Commission. Shari Stiles, 33 East Idaho, Meridian, was swum by the City Attorney Stiles: Mr. Chairman and Commissioners this request is for the waste water treatment plant located west of Ten Mile Road and North of Ustick Road. The facilities have been in existence there since I believe the late 1970's. The desire of the City is to have it annexed so we don't have to continue the conditional use process. We have received a conditional use permit for the facilities through Ada County but we have some extensive construction on there and it would be a considerable amount of money saved in building permit fees. Light Industrial is consistent with comprehensive plan and future plans for that property. Johnson: Thank you, any questions of Ms. Stiles? Smith: The construction you referenced is that the expansion of the current facilities? Stiles: They have recently completed 1 believe the additional clarifier out there and now they are having an additional office building built. I think the dog pound facility they want to expand. They are alsa going to do some landscaping out there and those are all related to the present construction projects. Borup: And Meridian doesn't want to pay the permit fees to Ada County. Stiles: No Johnson: Any other questions? Is there anyone else here to testify on this application? Seeing no on then I will close the public hearing at this time. We also have preliminary findings of fact and conclusions of law prepared. 1 have a couple of minor corrections on Meridian Planning & Zon~g Commission • Special Meeting November 25, 1997 Page 8 those as well. Page one is the same thing the time of the meeting. On page two item 4 there is a spelling error, "zone" the last word in the first sentence. Then a question on page six, fourth sentence there are a couple of errors. The third word and the next to the last utirord. I assume that should be "that" and the second word should be "stated", just a couple of missing letters. Anyone else have any comments or any corrections on these preliminary findings of fact and contusions of law? Entertain a motion. Borup: Mr. Chairman, I move that the Meridian Planning and Zoning Commission hereby adopts and approves these preliminary findings of fact and contusions as corrected. Smith: Second Johnson: Moved and seconded that we adopt the preliminary findings of fact and conclusions of law for annexation and zoning for the waste water treatment plant, roll call vote. ROLL CALL VOTE: Borup -Yea, Smith -Yea, Nelson -Yea, MacCoy -Absent MOTION CARRIED: All Yea Johnson: Your recommendation to the City Council? Borup: Mr. Chairman, 1 move the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning as stated above in the contusions for the property described in the application with the conditions set forth in the correct preliminary findings of fact and conclusions of law. That the applicant be spec~cafly required to meet all the ordinances of the City of Meridian specifically including the development time requirements and the conditions of these preliminary facts and conclusions. Thatrf the conditions are not met that the property be de-annexed. Smith: Second Johnson: We have a motion and a second to pass the recommendation on as stated by Commissioner Borup, all those in favor? Opposed? MOTION CARRIED: All Yea Nelson: Mr. Chairman I move we adjourn. Smith: Second Johnson: We have a motion and a second to adjourn, all those in favor? Opposed? Meridian Planning & Zonirfg Commission • Special Meeting November 25, 1997 Page 9 MOTION CARRIED: All Yea MEETING ADJOURNED AT 5:55 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ~~sl~ JIM SON, CHAIRMAN ATTEST: WILLIAM G. BERG, JR., CITY CLERK ~ CITY OF MERIDIA~ PUBLIC MEETING SIGN-UP SHEET ~;1~~iz1-ar."z~) s J~'+'/h_~ CdJta-+..:.-...-,'3Si~ln- t RECTE:~;V,Ep Nf1V 15 1997 ®~ ~~~~ "//.y/ f~f~. - ~[-c/ ~ci .511- -lo la ~e~ f~~~~~~~tn~-~ gay - ~o~~j