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AZ 05-048
MERIDIAN PLANNING & ZONING MEETING
APPLICANT Martin Artis
November 17, 2005
ITEM NO.
5
REQUEST Continued Public Hearing from November 3, 2005: Annexation and Zoning of
14.81 acres from RUT to R-4 zone for McGee Property - 3086 South Mesa Way and 1252
East Victory Road
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
See previous item packet / attached minutes
CITY PLANNING DIRECTOR:
CITY ATTORNEY
See attached staff report
CITY POLICE DEPT:
CITY FIRE DEPT:
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CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
SANITARY SERVICES:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS'IRRIGATION:
IDAHO POWER:
INTERMOUNTAIN GAS:
OTHER:
Contacted: ~ Date: 11-15' . 0 >' ~ 5\ ý;' t.{ - ~ t15T
EmaJled: J(-rA-Ac 0 M ~ ~ . (0}A.- Staff Initials:
Materials prese ted at public meetings ~hall become property of the City 0; erl Ian.
Meridian Plannina and Zonina Meetina
~ovember 3. 2005.
Meeting of the Meridian Planning and Zoning Commission of November 3, 2005, was
called to order at 7:00 p.m. by Chairman David Zaremba.
Members Present: Chairman David Zaremba, Commissioner Keith Borup,
Commissioner Wendy-Newton-Huckabay, Commissioner Michael Rohm, and
Commissioner David Moe.
Others Present: Ted Baird, Tara Green, Brad Hawkins-Clark, Josh Wilson, Mike Cole,
Joe Guenther, and Dean Willis.
Item 1:
Roll-Call Attendance:
Roll-call
X Keith Borup X
X Wendy Newton-Huckabay X
X Chairman David Zaremba
David Moe
Michael Rohm
Zaremba: Good evening, everybody. Welcome to this regularly scheduled Planning and
Zoning Commission meeting for Thursday, November 3rd. We will begin with a roll call
of Commissioners.
Item 2:
Adoption of the Agenda:
Zaremba: Next item is the adoption of the agenda and we will take each item in order,
but there are some items we are not going to talk about tonight, even some of them we
have people signed up for. So, let me tell you what's going to happen. Item 4 on Kohl's
Department Store we will discuss. Items 5 and 6, the McGee property, and the
Carrington property -- apparently there was either a failure or improper notice about this
hearing tonight and the thought is not everybody has been notified who might want to
be here. We will not discuss 5 and 6 tonight. We will continue that until the 17th of this
month. So, there will be no discussion on McGee or Carrington, but we will have that full
discussion with everybody present November 17th. Items 7 and 8 that relate to
Sunstone Subdivision we will talk about tonight. Items 9 -- thank you all. Come back
again in two weeks. Items 9, 10, and 11 that relate to Ellensburg Subdivision and also
12 and 13 that relate to Estancia Subdivision, both of those subdivisions have not been
reviewed by ACHD yet. The latest word they will not be reviewed and to our staff even
by our December 1 st meeting. So, both Ellensburg and Estancia, Items 9, 10, 11, 12,
13, we will continue until our meeting of December 15th and not discuss those tonight
either, other than to continue them. Then, the final thing on our agenda is Milford Creek
and we will have a full hearing on that tonight. So, the items that we will discuss tonight
are 4, 7 8, and 14, 15. And if you're here for one of the others, we invite you to come
back at another time. And let the record show that Commissioner Borup has joined us.
We are all here. That being said, unless I hear any other objections, we will consider the
agenda adopted as is.
Meridian Planning & Zoning
November 3, 2005
Page 21 of 53
of making their development attractive, not for the benefit of the City of Meridian, but
since this will be the building on this project and they want to attract other buildings,
they have already expressed the interest in making this building as attractive as
possible. I, from Mr. Seal's comments, feel that the Kohl's people are on board with that
and I'm perfectly comfortable essentially passing the buck to Brad to make the final
decision on this. I feel safe in this one that I feel that both Winston Moore and the Kohl's
people will go a direction that's comfortable for you to be the final judge on and I would
be comfortable with that. And while we are at it, I would also ask Mr. Seal to pass along
to the Kohl's people that we appreciate their interest in Meridian. So, I think this will be a
plus.
Zaremba: Mr. Moe. Commissioner Moe.
Moe: Mr. Chairman, I move file number CUP 05-048 as -~ I move to approve file number
CUP 05-048 as presented in the staff report for the hearing date of November 3rd,
2005, with the site plan dated October 2nd -- excuse me -- 7th, 2005, with the following
modifications to the conditions of approval. I'd like to have listed work with staff to
provide the requirements for the facades, roof line, and color slash material at the west
and south elevations as noted in the staff report and also instruct staff to prepare Facts
and Findings. End of motion.
Rohm: Second.
Zaremba: We have a motion and a second. All in favor say aye. Any opposed? That
motion carries. Thank you all.
MOTION CARRIED: ALL AYES.
Item 5:
Public Hearing: AZ 05-048 Request for Annexation and Zoning of 14.81
acres from RUT to R-4 zone for McGee Property by Martin Artis - 3086
South Mesa Way and 1252 East Victory Road:
Zaremba: Okay. I'll open the Public Hearing for AZ 05-048 related to the McGee
property and entertain a motion to continue it to November 17, 2005.
Rohm: Mr. Chairman?
Zaremba: Commissioner Rohm.
Rohm: I move that we continue Item No. AZ 05-048 to the regularly scheduled meeting
of November 17th, 2005.
Zaremba: Do we have a second?
Borup: Second.
Meridian Planning & Zoning
November 3, 2005
Page 22 of 53
Zaremba: Okay. We have a motion and a second. All in favor say aye. Any opposed?
That motion carries.
MOTION CARRIED: ALL AYES.
Item 6:
Pubic Hearing: AZ 05-049 Request for Annexation and Zoning of 5.15
acres from RUT to R-4 zone for Carrington Property by Mark & Karen
Carrington - 2955 South Locust Grove Road:
Zaremba: 1'1/ open the Public Hearing for AZ 05-048 relating to the Carrington property
and entertain a motion to continue it to November 17th, 2005.
Rohm: Mr. Chairman?
Zaremba: Commissioner Rohm.
Rohm: I move that we continue Item No. AZ 05-049 to the regularly scheduled meeting
of November 17th, 2005.
Mae: Second.
Zaremba: We have a motion and a second. All in favor say aye. Any opposed? That
motion carries.
MOTION CARRIED: ALL AYES.
Item 7:
Public Hearing: AZ 05-043 Request for Annexation and Zoning of 11.7
acres from RUT to R-4 zone for Sunstone Subdivision by Benchmark
Construction - 1155 and 1123 North Black Cat Road:
Item 8:
Public Hearing: PP 05-045 Request for Preliminary Plat approval for 23
single-family residential building lots and 3 common area lots on 11.17
acres in a proposed R-4 zone for Sunstone Subdivision by Benchmark
Construction - 1155 and 1123 North Black Cat Road:
Zaremba: Moving right along. Open the Public Hearing for AZ 05-043 and PP 05-045,
both relating to Sunstone Subdivision and we will begin with the staff report.
Wilson: Thank you, Mr. Chairman, Members of the Commission. The application before
you is for Sunstone Subdivision. It is located on the west side of Black Cat Road, south
of Cherry Lane, on approximately 12 acres, 11.7 to be exact. I will just first thing touch
on a -- one little error in the staff report. At the heading of the first page it does say that
it's a preliminary plat for 23 building lots and three other lots on 11.7 acres in an R-8
zone. That is supposed to an R-4 zone. It was noticed correctly and included on the
agenda correctly. That's just a typo and I believe that's the only place that that does
occur. So, sorry if that caused any confusion. As I mentioned, they are located on the
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 17, 2005
STAFF REPORT
TO:
Hearing Date: 11/17/2005
Planning & Zoning Commission
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FROM:
Craig Hood, Associate City Planner
City of Meridian Planning Department
208-884-5533
SUBJECT:
MeGee Property Annexation
AZ-05-048
Annexation and Zoning of 14.81 acres from RUT (Ada County) to
R-4 (Medium Low-Density Residential).
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Martin A. Artis, has applied for Annexation and Zoning (AZ) of 14.81 acres of
property currently zoned RUT in Ada County. The applicant is requesting an R-4 (Medium Low-
Density Residential) zoning designation for the entire 14.81 acres. The site is located on the north
side of Victory Road and on the east side of Mesa Way, approximately 600 feet west of Locust
Grove Road. This site is currently rural residential with two single-family residential building and
several accessory buildings. The site has been previously platted and is commonly known as Lots
3, 4, and 5, Block 1, Kachina Estates. NOTE: At the November 3, 2005 Planning & Zoning
Commission meeting, the Commission voted to continue this item to November 17, 2005, so the
applicant could properly post the notice of public hearing sign on the site.
2. SUMMARY RECOMMENDATION
The subject property is within the Urban Service Planning Area. Staff has provided detailed
analysis and recommends that the subject property be annexed into the City of Meridian with
provisions provided for development in a Development Agreement (DA)(see below for DA
provisions). Staff is recommending approval of the DroDosed MeGee Property Annexation,
submitted as AZ-05-048.
3. PROPOSED MOTION (to be considered after the public hearing)
Recommend Approval
I move to recommend approval to the City Council of File Number AZ-05-048 as presented in
Staff Report for the hearing date of November 3,2005 with the following modifications to be
included within a Development Agreement: (Add any proposed modifications.)
Recommend Denial
I move to recommend denial to the City Council of File Number AZ-05-048 as presented in the
Staff Report for the hearing date of November 3, 2005 for the following reasons: (You should
state specific reasons for denial. The reasons should address how the applicant might re-do the
application to gain your recommendation for approval.)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
3086 S. Mesa Way; 1252 E. Victory Road; Lot 3, Block 1, Kachina Estates / North of
Victory and west of Locust Grove Road, in 3NIE19
b. Owner:
Martin Artis
MeGee Property Annexation - AZ-05-048
PAGEl
CITY OF MERIDIAN PLANNING DEPARTMENT 5T AFF REPORT FOR THE HEARING DATE OF NOVEMBER 17, 2005
9292 W. Pandion Court
Garden City, Idaho 83714
c. Applicant:
Martin Artis
9292 W. Pandion Court
Garden City, Idaho 83714
d. Representative:
Jason Densmer, Roylance & Associates
e. Present Zoning: RUT (Ada County)
f. Present Comprehensive Plan Designation: Low Density Residential
g. Description of Applicant's Request: Request for Annexation and Zoning (AZ) to R-4
(Medium Low-Density Residential) for 14.81 acres of property currently zoned RUT in
Ada County.
h. Applicant's Statement/Justification: The proposed development and zoning classification are
both compatible with the surrounding area. The further development of these parcels may
consist of medium-density lots that tend to appeal to moderate-income residents which will
further increase the tax base of the City, and is predicted to provide sufficient property tax
revenue and service income (utility usage, etc.) to offset the City's cost of meeting emergency
service, educational and other community resource obligations (please see Applicant's
Submittal Letter).
5. PROCESS FACTS
a. The subject application will in fact constitute an annexation as detennined by City Ordinance.
By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is
required before the City Council on this matter.
b. Newspaper notifications published on: October 1 ih and 31 st, 2005
c. Radius notices mailed to properties within 300 feet on: October ih, 2005
d. Applicant posted notice on site by: November 7th, 2005
6. LAND USE
a. Existing Land Use(s):
site.
b. Description of Character of Surrounding Area: The parcels to the north, east and west
are 5-acre lots within Kachina Estates Subdivision. To the south is the grange hall and
Tuscany Village Subdivision. This area is rapidly transitioning from rural to urban.
c. Adjacent Land Use and Zoning:
1. North: Rural residential, zoned RUT (Ada County)
2. East: Rural residential, zoned RUT (Ada County)
3. South: Grange, zoned Rl (Ada County); Tuscany Village Subdivision, zoned R-8
4. West: Rural residential, zoned RUT (Ada County)
There are two existing homes and other outbuildings on the subject
d. History of Previous Actions:
N/A
MeGee Property Annexation - AZ-O5-048
PAGE 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 17,2005
e. Existing Constraints and Opportunities:
1. Public Works:
.-.----.---.--
-.----
Location of sewer: Sewer is available in E. Victory Road however it does not
run the entire length of Victory Road. There is a gap approximately 380-feet
west of the entrance into Tuscany Village without sewer lines in it.
Location of water: Water is readily available in E. Victory Road.
. ---issues or concerns: A major portion of this site, especially to the north ofTen
Mile Creek is in the FEMA 1 OO-year floodplain. Public Works staff is concerned
with potentially high groundwater at this site. They have submitted no test hole
data, but past excavations near the Ten Mile Creek have shown a propensity to
encounter higher levels of groundwater.
2. Vegetation: There are some existing trees on this site that should be protected or
mitigated for when this property develops.
3. Flood plain: The Ten Mile Creek floodway bisects the subject site. A significant
portion ohhis site is within the FEMA lOa-year floodplain of the Ten Mile Creek.
4. Canals/Ditches Irrigation: As noted above the Ten Mile Creek bisects this property.
There does not appear to be any other irrigation canals or drainage ditches on this site.
5. Hazards: Except for a portion of the site being within the Ten Mile Creek floodway
and floodplain, no hazards have been identified on this site.
6. Proposed Zoning: R-4 (Medium Low-Density Residential)
7. Size of Property: 14.81 acres
f. Subdivision Plat Infonnation: The applicant has not submitted a preliminary plat with
the subject annexation application. However, a conceptual plat has been submitted for how
this site may be subdivided in the future. It should be noted that the City is not approving the
submitted conceptual plan. Rather, statI recommends that the City include specific concepts
within a Development Agreement (DA) for developing the subject property. Please see
Analysis below for recommended DA provisions.
g. Landscaping:
1. Width of street buffer(s): Per City Code, a 20-foot wide landscape street buffer is
required adjacent to Victory Road, a collector roadway (UDC ll-2A-4).
2. Width ofbuffer(s) between land uses: N/A
3. Percentage of site as open space: With the submittal of a preliminary plat, open
space should be required in accordance with City Code.
h. Required Residential Standards: R-4
Setbacks
Proposed
Required
Front/Street Side Living Area N/A 15
Side Accessed Garage N/A 15
Front Accessed Garage N/A 20
Interior Side N/A 5
Rear N/A 15
MeGee Property Annexation - AZ-05-048
PAGE 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 17, 2005
Frontage
Lot Size
N/A
N/A
60
8,000
i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): As
mentioned above, the applicant is not proposing to develop/plat this property at this time. The
applicant has submitted a conceptual plat of how the property may develop with buildable
lots, open space and streets. The conceptual site plan depicts one street connection to Victory
Road and one street connection to Mesa Way. The conceptual site plan does not, however,
include the area containing the existing homes on Victory Road and Mesa Way. Staff is
generally supportive of the submitted conceptual plan and street layout for this property.
However, staffhas concerns with not including the existing homes within the boundaries of
the future plat. The concerns primarily revolve around direct lot access to Victory Road and
obtaining landscaping and sidewalk improvements adjacent to Victory Road and Mesa Way.
Staff recommends that the City require, as part of the Development Agreement for this
property, that public streets and not private streets be constructed when this property
develops. Staff further recommends that all 14.91 acres proposed for annexation with AZ-05-
048 be included with the future plat. Staff also recommends that no direct lot access be
allowed to Victory Road when this property is subdivided.
In their comments, the ACHD has made a special note to the City recommending that the
City require the existing home along Locust Grove Road to be part of the future subdivision.
City staff is in agreement with the ACHD' s staff comments and further believes that the
existing homes along Victory Road and Mesa Way be included within the boundaries of any
future proposed preliminary plat. Staff recommends that the City restrict, through the
Development Agreement, direct lot access to Victory Road for this site. This will minimize
access points to the collector roadway (Victory Road), the arterial roadway (Locust Grove
Road), and allow the City and ACHD to obtain consistent improvements on Mesa Way,
Victory Road and Locust Grove Road.
Staff also recommends that the City require, as part of the Development Agreement for this
property that public streets and not private streets be constructed when this property develops.
Staff further recommends that the public streets connect with the adjacent five-acre parcels.
The ACHD has submitted comments regarding the subject annexation request and concept
plat. No major changes to the concept plan for this property were mentioned by the ACHD
when reviewing AZ-OS-048. When this property is developed, ACHD is expected to submit
detailed comments and conditions to the City regarding the street system.
7. COMMENTS MEETING
On October 14, 2005, a joint agency and departments meeting was held with service providers in
this area. The agencies and departments present include: Meridian Fire Department, Meridian
Parks Department, Meridian Public Works Department, and the Sanitary Services Company.
Staff has included all comments and recommended actions in Exhibit B below. The comments
and recommended actions contained in Exhibit B are provided as infonnation only. They are
intended to help the applicant design and develop this property in accordance with the applicable
regulations of the various agencies and departments of the City.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Low Density Residential" on the Comprehensive Plan Future Land
Use Map. Low density residential areas are anticipated to contain up to three dwellings per acre.
The conceptual site plan includes 31 single-family lots on 14.81 acres for a gross density of 2.1
dwelling units/acre. Staff finds that if the site is developed with the density shown on the
MeGee Property Annexation - AZ-05-048
PAGE 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER] 7,2005
conceptual plan, the density would be consistent with the anticipated residential density for this
area. NOTE: The proposed conceptual density, 2.1 dwellings per acre, is just above what is
allowed in the R-2 zone (up to 2.0 dwellings per acre is allowed in the R-2 zone). Due to the
existing 5~acre parcels around this property, staff finds that an R-2 zoning (Low Density
Residential) of this property would also be consistent with the Comprehensive Plan Future Land
Use Map. Staff recommends that the Commission and Council rely on any verbal or written
testimony that may be provided at the public hearing when detennining the most appropriate zone
for this property.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply
to the subject property (staff analysis in italics below policy):
.
Require that development projects have planned for the provision of all public services.
(Chapter VII, Goal III, Objective A, Action 1)
When the City established its Area of City Impact, it planned to provide City services to the
subject property. The City of Meridian plans to provide municipal services to the lands
proposed to be annexed in the following manner:
. Sanitary sewer and water service will be extended to the project at the
developer's expense.
The subject lands currently lie within the jurisdiction of the Meridian Rural Fire
District. Once annexed the lands will be under the jurisdiction of the Meridian
City Fire Department, who currently shares resource and personnel with the
Meridian Rural Fire Department.
The subject lands currently lie within the jurisdiction of the Ada County Sheriff's
Office. Once annexed the lands will be serviced by the Meridian Police
Department (MPD).
The roadways adjacent to the subject lands are currently owned and maintained
by the Ada County Highway District (ACHD). This service will not change.
The subject lands are currently serviced by the Meridian School District #2. This
service will not change.
The subject lands are currently serviced by the Meridian Library District. This
service will not change and the Meridian Library District should suffer no
revenue loss as a result of the subject annexation.
.
.
.
.
.
Municipal, fee-supported, services will be provided by the Meridian Building Department,
the Meridian Public Works Department, the Meridian Water Department, the Meridian
Wastewater Department. the Meridian Planning Department, Meridian Utility Billing
Services, and Sanitary Services Company.
.
Protect existing residential properties from incompatible land use development on adjacent
parcels. (Chapter VII, Goal IV, Objective C, Action 1)
The applicant is proposing a residential zone. Staff finds that the existing residential
properties to the north. south, east and west are compatible with the proposed development.
Support a variety of residential categories (low-, medium-, and high-density single family,
multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of
providing the City with a range of affordable housing opportunities. (Chapter VII, Goal IV,
Objective C, Action 10)
.
MeGee Property Annexation - AZ-05-048
PAGES
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 17, 2005
The subject application includes a request for the R-4 zone. Although a majority of the City-
zoned properties in this area are zoned R-4, staff finds that the requested zoning designation
is consistent with the Comprehensive Plan designation for this area.
.
Require street connections between subdivisions at regular intervals to enhance connectivity
and better traffic flow. (Chapter VI, Goal II, Objective A, Action 6)
.
On the submitted conceptual plan, the applicant is proposing one access road to Victory
Road, a collector roadway, and one access road to Mesa Way, a local roadway. The concept
plan also depicts a stub street to both 5-acre properties to the north. and a roadway along the
northern property line of the parcels to the east. Staff is generally supportive qf the
conceptual connectivity proposed.
Review new development for appropriate opportumties to connect to local roads and
collectors in adjacent developments. (Chapter VI, Goal II, Objective A, Action 13)
.
The existing home on Victory Road should take access (connect) from a future internal street,
and not Victory Road. See bullet above.
Require new urban density subdivisions which abut or are proximal to existing low density
residential land uses to provide landscaped screemng or transitional densities with larger,
more comparable lot sizes to buffer the interface between urban level densities and rural
residential densities. (Chapter VII, Goal I, Objective D, Action 8)
.
Staff recognizes that there are some existing low density residential land uses to the east and
north and recommends that larger lots be platted next to the existing 5-acre lots in Kachina
Estates Subdivision. Stalf also finds that an R-2, rather than R-4 zone may be appropriatefor
this site. Staff recommends that the Commission and Council rely on any written or verbal
testimony providedfrom neighbors when determining the most appropriate zoning
designation for this property.
Permit new residential, commercial, or industrial developments only where urban services
can be reasonably provided at the time of final approval and development is contiguous to the
City. (Chapter IV Goal II, Objective A)
.
All urban services can be made available to this site.
Require new residential development to provide pennanent perimeter fencing to contain
construction debris on site and prevent windblown debris from entering adjacent agricultural
and other properties. (Chapter VII, Goal I, Objective D, Action 9)
.if permanent fencing is not constructed, temporary construction fencing should be installed
prior to issuance of building permits on this site.
.
Restrict curb cuts and access points on collectors and arterial streets. (Chapter VII, Goal IV,
Objective D, Action 2)
Exceptfor one public street, access to Victory Road should beprohibited.
Stqfffinds that the proposed R-4 zoning designation is generally harmonious with and in
accordance with the Comprehensive Plan. Staff further finds that if the Commission and Council
believe that an R-2 zone is more appropriate for this site, it too would comply with the
Comprehensive Plan.
McGee Property Annexation - AZ-05-048
PAGE 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 17, 2005
9. ZONING ORDINANCE
a. Zoning Schedule of Use Control: Meridian City Code 11-2-1 lists single-family homes as
pennitted uses in the R-4 zoning district.
b. Purpose Statement of Zone:
R-4 Medium Low-Density Residential: The purpose of the residential districts is to
provide for a range of housing opportunities consistent with the Meridian Comprehensive
Plan. Connection to the City of Meridian water and sewer systems is a requirement for all
residential districts. Residential districts are distinguished by the allowable density of
dwelling units per acre and corresponding housing types that can be accommodated
within the density range.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation:
1. AZ Application: Based on the policies and goals contained in the Comprehensive
Plan, staff believes that the requested R-4 zone is appropriate for this property. Please
see Exhibit D for detailed analysis of the required facts and findings.
The annexation legal description submitted with the application (stamped on
September 15,2005 by Hugh W. Edwards, PLS) shows the property as contiguous to
the existing corporate boundary of the City of Meridian.
Special Considerations:
Development AQIeement: UDC 11-5B-3.D.2 and Idaho Code § 65-6711A
provides the City the authority to require a property owner to enter into a
Development Agreement (DA) with the City that may require some written
commitment for all future uses. Staff believes that a DA is necessary to ensure
that this property is developed in a fashion that is consistent with the
comprehensive plan designation and does not ne~ativelv impact nearby
properties.
.
Prior to the annexation ordinance approval, a Development Agreement (DA)
shall be entered into between the City of Meridian, property owner (at the time of
annexation ordinance adoption), and the developer. The applicant shall contact
the Citv Attornev. Bill Nary. at 888-4433 to initiate this process. The DA shall
incorporate the following:
. That all future uses shall not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any
persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors.
That all future development of the subject property shall be constructed
in accordance with City of Meridian ordinances in effect at the time of
development.
That the applicant will be responsible for all costs associated with the
sewer and water service extension.
That any existing domestic wells and/or septic systems within this
project will have to be removed from their domestic service, per City
Ordinance Section 5-7-517, when services are available from the City of
Meridian. Wells may be used for non-domestic purposes such as
landscape irrigation.
.
.
MeGee Property Annexation - AZ-05-048
PAGE 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 17, 2005
.
That the following shall be the only allowed uses on this property:
single~family detached homes and allowed accessory uses of the R-4
zone.
That prior to issuance of any building pennit, the subject property be
subdivided in accordance with the City of Meridian Unified
Development Code.
That the applicant will construct a minimum 10-foot wide multi-use
pathway from Victory Road to Mesa Way, along the south side of the
Ten Mile Creek when this property develops.
That development shall not commence until either FEMA approves a
Map Revision and the flood designation has been revised for Ten Mile
Creek, or if the Map Revision is not approved by FEMA, the applicant
shall comply with all City of Meridian regulations regarding building in
a floodplain.
That a master grading and drainage plan shall be submitted with any plat
for this property.
That a street buffer, constructed in accordance with City Code, be
installed along Victory Road prior to occupancy of any new dwelling
units.
That when a preliminary plat is submitted to the City, all 14.81 acres that
are included in AZ-05-048 will be included within the boundary of the
subdivision.
That when a preliminary plat is submitted to the City, one public street
access, and no driveways, will be allowed to Victory Road. Existing
driveway(s) to Victory Road may be utilized until the internal streets
within the plat are constructed and approved by the Transportation
Authority (ACHD). At such time, direct lot access to Victory Road shall
be prohibited.
That public roads and not private streets be constructed with the platting
and development of this property.
That at least one public stub street shall be provided to the property to the
west (Parcel No. R4814130025).
That at least one public stub street shall be provided to both of the
properties to the north (Parcel Nos. R4814130125 & R4814130150).
.
.
.
.
.
.
.
.
.
.
b. Staff Recommendation: Staff recommends that the subject property be annexed into
the City with an R-4 zoning designation with the aforementioned Annexation & Zoning
provisions included in a Development Agreement.
11. EXHmITS
A. Drawings
1. Conceptual Plat (dated: 7~14-05)
B. Comments and Recommendations from Other Agencies and Departments
1. Meridian Fire Department
C. Legal Description
D. Required Findings from Zoning Ordinance
MeGee Property Annexation - AZ-05-048
PAGE 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 17, 2005
A. Drawings
1. Conceptual Plat (dated: 7-14-05)
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Exhibit A - Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 17, 2005
B. Comments and Recommendations from Other Agencies and Departments
1. Meridian Fire Department
1.1 One and two family dwellings will require a fIre-flow of 1,000 gallons per minute available for
duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500'
apart. International Fire Code Appendix C.
1.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department
and water quality by the Meridian Water Department for bacteria testing.
1.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each side of the
hydrant location.
e. Fire Hydrants shall be placed on comers when spacing permits.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
g. Fire hydrants shall be place 18" above finish grade.
h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5.
1.4 The phasing plan may require that any roadway greater than 150' in length that is not
provided with an outlet shall be required to have an approved turn around.
1.5 All entrance and internal roads shall have a turning radius of 28' inside and 48' outside
radius.
1.6 Operational fIre hydrants, temporary or pennanent street signs and access roads with an all
weather surface are required before combustible construction is brought on site.
1.7 The roadways shall be built to Ada County Highway Standards cross section requirements
and shall have a clear driving surface, available at all times, which is 20' wide. Streets with
less than a 29' street width shall have no parking. Streets with less than 33' shall have
parking only on one side. These measurements shall be based on the face of curb dimension.
1.8 All portions of the buildings located on this project must be within 150' of a paved surface as
measured around the perimeter of the building.
1.9 Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as
measured by an approved route around the exterior of the facility or building, on-site fire
hydrants and mains shall be provided where required by the code official. For buildings
equipped throughout with an approved automatic sprinkler system installed in accordance with
Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183).
For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet
(183 m).
Exhibit B - Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 17,2005
For buildings equipped throughout with an approved automatic sprinkler system
installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement
shall be 600 feet (183 m).
Exhibit B - Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 17,2005
C. Legal Description
Roylance & Associates, P.A.
Engineers. Surveyors. Lanrjplanners
391 W. State Sireet,-SuiteT, Eagle. Idaho 83616- --'------ ----"------fèlephoné(208) 939-2824 f:ax(208) 93¡¡:-2855-
September 15, 200S
Project No, 2700
Exhibit "A-I"
Legal Description
MeGee Property
Annexation & Rezone Area
14.81 Acres
A tract of land for annexation purposes, being Lots 3, 4 and S, Block I, Kachina Estates (a recorded
subdivision on file in Book 35 of Plats, at Pages 3016 and 3017, records of Ada. County, Idaho), and;1
portion of the Southeast One Quarter of Section 19, Township 3 N0I1h, Range 1 I':ast, Boise Meridian,
Ada County, Idaho, described as follows:
Commencing at 5/8-inch steel pin monumenting the SoUlhcasl Comer of SHid Section 19, thence
following the soulherly line of said Section 19, South 89°42'1)" West II distance of 626.1.8 fcetto the
POINT OF BEGINNING;
Thence following Ihe soulhcrly line of said Section 19, Soulh 89"42' 13" West a distance of
945,20 fcelto a point on the cenlerline of Mesa Way;
Thence following said centerline, North 00" 17'47" West a distance of 664,39 feel 10 a point:
Thence 94,14 feet following the arc of 11 circular curve 10 the tight, said curve buYing 11 radius or
13S.38 feet, a central angle of 39°50'28". a chord hearing of North 19"37'27" East and a chord
distance of 92.25 feet to a point:
Thence North 39°32'41" East a distance of 80.42 feet 10 a point;
Thence leaving said centerline, Soulh 50"27' 19" East a dislance of 302.61 feet 10 a point;
Thence North 81 "55'48" EaSl H dislance of 527.J 7 feel to a II2-sleel pin;
Thence North 89°38'37" East a distance of 106.46 feel to a 1I2-sleel pin;
Thence South 00"23']7" East a distance of 690.42 feel 10 the POINT OF BEGINNING-
The above-described tract of Innd conlnins 14.81 Acres, more or less, subjcclto all existing easements
and rights-of-wHY,
Prepared By:
ROYLANCE & ASSOCIATES, P.A,
391 W, STATE STREbl, SUITE E
EAGLE, IDAHO 8361.6 R~PPf:vtt;7---
208-939-2824 BV
208-939-2855 (FAX)
MERIDIAN PUBLIC
WORKS DEPT-
X_\rn~",¡:"\M'>(1ee, ^'""nI.:'7(x)lAdIIUIl\t-<ral,lAllllex M',{.;."C.d""
Exhibit C - Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 17,2005
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8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 17, 2005
D. Required Findings from Zoning Ordinance
1. Annexation Findings:
Exhibit D - Page 1
Upon recommendation from the Commission, the Council shall make a full
investigation and shall, at the public hearing, review the application. In order to
grant an annexation and/or rezone, the Council shall make the following findings:
1.
The map amendment complies with the applicable provisions of the
comprehensive plan;
The applicant is proposing to zone all ofthe subject property to R-4. Staff finds
that the proposed zoning map amendment complies with the applicable
provisions ofthe comprehensive plan. Please see Comprehensive Plan Policies
and Goals, Section 8, of the Staff Report.
2.
The map amendment complies with the regulations outlined for the
proposed district, specifically the purpose statement;
No development is proposed concunent with the zoning map amendment. Staff
finds that future development of this property should comply with the established
regulations and purpose statement of the R-4 zone.
The map amendment shall not be materially detrimental to the public
health, safety, and welfare;
Staff finds that the proposed zoning amendment will not be detrimental to the
public health, safety, or welfare. Staff recommends that the Commission and
Council rely on any oral or written testimony that may be provided when
detennining this finding.
The map amendment shall not result in an adverse impact upon the delivery
of services by any political subdivision providing public services within the
City including, but not limited to, school districts; and,
Staff finds that the proposed zoning amendment will not result in any adverse
impact upon the delivery of services by any political subdivision providing
services to this site.
3.
4.
5.
The annexation is in the best of interest of the City (UDC 11-5B-3.E).
If the applicant enters into a Development AlUeement CDA) with the Citv. staff
finds that the annexation and zonin¡z of this property to R-4 would be in the best
interest of the City.
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To:
Planning & Zoning Commission
From: Craig Hood, Associate City Planner
CC: Applicant, Anna Canning, Bill Nary, Project File
Date: November 3, 2005
Re:
MeGee Property Annexation (AZ-05-048) and Carrington Property Annexation
(AZ-05-049) Applications for 11-3-05 Planning & Zoning Commission Meeting
The applicants of AZ-05-048 (MeGee Property Annexation) and AZ-OS-049
(Carrington Property Annexation) have failed to post the public hearing notices on
site in accordance with the timelines established in UDC 11-5A-S.D. Therefore, staff
recommends that the Planning & Zoning Commission not make a recommendation
to the City Council on the above-mentioned applications at the November 3, 2005,
Planning & Zoning Commission meeting. Staff further recommends that the public
hearings for AZ-05-048. MeGee Property Annexation and AZ-05-049. Carrington
Property Annexation. be opened and continued to the November 17. 2005. Plannina
& Zonina Commission meetina.
Attachment: Letter from Applicants' Representative, dated October 28, 2005
..--,
Roylance & Associates P .A.
391 W. S1aIe SIÆet. SUIø E, EsgIø, Idaho B3616
Engineers. Surveyors. Landplanners
T eIep/ø1e (208) 93&-2824 Fax (208) 939-2655
October 28, 2005
Project No. 2700
Planning & Zoning Commissioners
City of Mcridiqn
660 E. WBten:o~, Ste. 202
Meridian, ID 83642
RE~ MeGee Property (AZ.0s.048) & Carrington Property (AZ-0s-049)
Dear Commissioners.
My clierus, Aaron McG:.c and Mart. & Karen Canington are on the November 3. 1005 P&Z hearing agenda
resarding the anneutioo aDd n:zonc of propenies northwest of the intcnlection at VictOly Road and Locust
Grove Road. In speasking with my clients B few days ago I dcIcnnined that they had failed to pœt P&Z
hearing signs at least ten (10) days prior 10 the hearing. Upon this milizatiOll, I clune outright and informed
Cmg Hood of this mishap, In turn we deIermined thB1 bumping us off of the November 3n1 agenda was in
orcIer. In an effort to ccntinue the progmis of my client's projects, I am asking that both projects mentioned
above be added 10 the November 17f> public hearing agenda.
If you should have any further questions rt:garding this request. please feel fme to contact me at 939-2824.
Sincm:ty,
RO~/ ~SSOClATES, P.A.
f/?C-- -
ERIC CRONIN
X:\ProjlXU\MeGee. .won1271nAùm;~1Meri<Ian 051 O2II.duc
CITY OF MERIDIAN
PUBLIC HEARING
SIGN-UP SHEET
RECEIVED
NOV 0 3 2005
Ctt$" of .&rid!an
Cit~ Cl...k OHiCÆ
DATE
November 3,2005
ITEM #
5
PROJECT NUMBER
AZ 05-048
McGee Property
PROJECT NAME
FOR
AGAINST NEUTRAL
.:
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,~
"1""'/1"
iIi,'~ ' .,
clfe;idl~1~':.3\ TRANSM lIT ALS TO AGENCIES FOR COM M ENTS ON
IO,'>HO ~ DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN
~þ
~n Þ
.~'
~~j"'h'TI1EAs[J"EV^,j.E' SIN" To insure that your comments and recommendations will be considered by
1903 the Meridian Planning and Zoning Commission please submit your
comments and recommendations to Meridian City Hall
MAYOR
T~l1l~my de Weerd
CITY COUNCIL MEMBERS
Keith Bird
Christine Donnell
Charles M. Rmmtree
Shaun Wardle
CITY DEPARTMENTS
Fire
540 E. Franklin Road
888-1234 / fax 895-0390
Parks & Recreation
11 W. Bower Street
888-3579 / fax 898-5501
Planning
660 E, Watertower Lane
Suite 202
884-5533 / fax 888-6844
Police
1401 E. Watertower Lane
888-6678 / 846-7366
Public Works
660 E. Watertower Lane
Suite 200
898-5500 / fax 898-9551
- Building
660 E. Watertower Lane
Suite 150
887-2211 / fax 887-1297
- Wastewater
3401 N. Ten Mile Road
888-2191 / fax 884-0744
- Water
2235 N,W 8th Street
888-5242/ fax 884-1159
Attn: Will Berg, City Clerk, by: October 27,2005
Transmittal Date: October 3, 2005 File No.: AZ. 05-048
Hearing Date: November 3, 2005
Request: Public Hearing - Annexation & Zoning of 14.81 acres from
RUT to R-4 zone for McGee Property
By: Martin Artis
Location of Property or Project:
Victory Road
, ",
3086 South -~~ Way and 1252 East
(--" ..t'",
,{ t' , ,',\
O(t¡o., "","'",--":>,:,
, -.., ~ian School'Qistrict (No FP) ,
;'~N'y1èf(Q~n Post°rfice(FP/Pp only)
'< ~!~ì:Ja County H~Ì1way District
~ -i&a 'County Development Services
~entralOistrict Health
-""'..,--
- Nàmpé! Meridian Irrig. District
Settlers Irrig. District
== Idaho Power CO. (FP,PP,CUP)
- Owest (FP/PP only)
Intermountain Gas (FP/PP only)
- Bureau of Reclamation (FP/PP only)
- Idaho Transportation Dept. (No FP)
- Ada County Ass. Land Records
== Meridian Development Corp.
Historical Preservation Comm.
- David Zaremba (no FP)
David Moe (no FP)
-Wendy Newton-Huckabay (No FP)
- Michael Rohm (No FP)
= Keith Borup (No FP)
Tammy de Weerd, Mayor
- Charlie Rountree, C/C
- Christine Donnell, C/C
- Keith Bird, C/C
- Shaun Wardle, C/C
- Water Department
~ Sewer Department
- Sanitary ServiceS(No VAR, VAC, FP)
- Building Department
- Fire Department
- Police Department
= City Attorney
City Engineer
= City Planner
- Parks Department
Your Concise Remarks:
No-C~~H~€i~.t
-it
CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433
CITY CLERK - FAX 888-4218 CITY ATTORNEY I HR - FAX 884-8723 FINANCE & UTILITY BILLING - FAX 887-4813 MAYOR'S OFFICE - FAX 884-8119
Printed On reçycled paper
---- - -- .
RECEIVED
OCT 2 1 2005
City of Meridian
City Clerk Office
~ & ~ '1~ 'Dé4tUa
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-463-0092
17 October 2005
phones: Area Code 208
OFFICE: Nampa 466-7861
SHOP: Nompa 466-0663
-- - ----
William G. Berg Jr., City Clerk
City of Meridian
33 East Idaho Ave.
---- l\1eridían, ID - 8364t--
- --,,--- --~-~-- ~------ --- --
- ---- -- ~ - -- ------."
RE:
AZ 05-048/McGee Property
Dear Will:
Nampa Meridian Irrigation District has no comment on the above referenced application for
Annexation and Zoning of 14.81 acres from RUT to R-4 zone for McGee Property.
Sincerely,
/J ,;;-ø I:f- ~-
Bill Henson
Asst. Water Superintendent
Nampa & Meridian Irrigation District
BH/dbg
c: Crew Foreman
File ~ Office/Shop
APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS. 23,000
BOISE PROJECT RIGHTS - 40,000
~ CENTRAL
{it B[61I~
CENTRAL DISTRICT HEALTH DEPARTMENT
Environmental Health Division ,.. .
RECEIVEL,
¡/ Z OS--ot.{ r OC,T 13 ~..
City of Meridi~n
City Clerk Qfhte
Rezone #
Conditional Use #
Preliminary / Final/Short Plat
Mt~é7.r ~~~.J::¡
Return to:
0 Boise
0 Eagle
0 Garden City
$Meridian
0 Kuna
OACZ
0 Star
~
02.
03.
04.
05.
We have No Objections to this Proposal.
We recommend Denial of this Proposal.
Specific knowledge as to the exact type of use must þe provided before we can comment on this Proposal.
We will require more data concerning soil conditions on this Proposal before we can comment.
Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of:
0 high seasonal ground water 0 waste flow characteristics
0 or bedrock from original grade 0 other
0 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or
surface waters.
0 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and
water availability.
0 8. After written approval from appropriate entities are submitted, we can approve this proposal for:
0 central sewage 0 community sewage system 0 community water well
0 interim sewage 0 central water
0 individual sewage 0 individual water
0 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare,
Division of Environmental Quality:
0 central sewage 0 community sewage system 0 community water
0 sewage dry lines 0 central water
0 10. Run-off is not to create a mosquito breeding problem.
0 11. This Department would recommend deferral until high seasonal ground water can be determined if other
considerations indicate approval.
0 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State
Sewage Regulations.
0 13. We will require plans be submitted for a plan review for any:
0 food establishment 0 swimming pools or spas
0 beverage establishment 0 grocery store
0 child care center
0 14. Please see attached stormwater management recommendations
015.
Date: /t!.J. t / Ó J---
Reviewed By: ~ ff~-'
15726.001EHO904
Review Sheet
CITY OF MERIDIAN..
PUBLIC HEARING
SIGN-UP SHEET
DATE
November 17, 2005
ITEM #
5
PROJECT NUMBER
AZ 05-048
McGee Property
PROJECT NAME
NAME (PLEASE PRINT)
-~
,&t
FOR AGAINST NEUTRAL
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ASPEN REALTY, INC.
660 E. Franklin Rd., Ste 140
Meridian, Idaho 83642
Office: 20B /884.1300
FAX: 208/884.1306
www.cbaspen.com
E0n0 39\;;1d
90£ "I: 17888ØG
170:G't S0. 0"1: nON
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TO:
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Attention: L /1;;; 0 r J1/f e.r-/ c-II r fA. 1/\
Company: I
FAX Number: ?f-'V... ,/7../8
Date: J¡I/() loS
, .
Total # of Pages: :? (includes tbis cover page).
If you did not receîye all of
the pages. please call our
Office at 208/884-1300
FROM:
N awe:
Phone:
FAX #:
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90E1Þ88802:
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23:43
2088841306
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To whom it may concern,
On Saturday November 5th, 2005 Two, City of Meridian Public Hearing Notice
signs were posted on the NW comer of Locust Grove and Victory. The first sign was
placed on the south/east comer of the property located at 2955 S. Locust Grove, approx.
10 feet from me street and perpendicular. This application was submitted by Mark &
Karen Carrington. The second sign was placed on the south/west side of the property
located at 1255 E. Victory, approx 12 feet from the street and perpendicular. TIllS
application was submitted by Aaron MeGee. The properties have public hearing
meetings on November 17th, 2005 at the Meridian City Hall, located at 33 E. Idaho St.
Attached you will tìnd the pictures taken of the signs in place.
Thanks,
Aaron MeGee
~JJ}oÞ
2005, by
Œ/2:0 3Ðt'd
NdSt' ~3~Nt'a ll3MGlOO
90E 1r88802:
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