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HomeMy WebLinkAboutFindings MERIDIAN PLANNING & ZONING MEETING: JUNE 8. 1999 APPLICANT: LARRY 8 KAY HANSEN ITEM NUMBER: 12 REQUEST: REZONE OF .967 ACRES (FROM R-4 TO R-8 WITH CONDITIONS FOR SINGLE FAMILY RESIDENTIAL) FOR TREMONT PLACE SUBDIVISION NO 2 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS REVIEWED SEE ATTACHED COMMENTS REVIEWED REVIEWED REVIEWED 1~,~~~,~ V" All Materials presented at public me 'ngs shall become roperty of the City of Meridian. ~ ~ ~' `~~s~ HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT Council Mem CITY OF MERIDIAN (208)884-4264 r PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (zo8) ss~-22I I RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD DEPARTMENT (208)584-5533 MEMORANDUM: June 4, 1999 To: Planning & Zoning Commission, Mayor & Council From: Bruce Freckleton, Assistant to City!En~gine Shari Stiles, P&Z Administrator c~"O Re: Request for Rezoning from R-4 with. Conditions to R-8 to Allow Single-family Residential on .967 Acre, and a Request for Preliminary Plat for 4 Building Lots by Larry and Kay Hansen We have reviewed this submittal and offer the following comments, as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL INFORMATION: Original conditions of the rezone request by Larry & Kay Hansen included requirements that the property be developed as amulti-family project under the conditional use permit process as a planned development. The property was annexed under Ordinance No. 766. A development agreement was required as a condition of annexation. Staff concurs that single-family housing in lieu ofmulti-family development would be acceptable. 2. Sanitary sewer service to this site is being proposed via an existing main adjacent to Nine Mile Creek near the Sunrise Health Care (formerly Western Pines) facility and extensions through the proposed Tremont Place Subdivision No. 1. 3. The proposed sewer profiles submitted with the application indicate that the sewer system is being proposed at less than minimum grades and, in some cases, less than minimum depths. Fill material may be necessary to achieve the desired design criteria. 4. Water service to this site is proposed from an extension of existing 6" mains located in W. Eighth Street and Broadway Avenue. 5. The plan indicates that the pressurized irrigation system within this development is to be an extension of the system being proposed in Tremont Place Subdivision No. 1. Tcemon[ Place2.RZ.PP RZ-99-006 PP-99-007 Ma or, Council and P&Z Y June 4, 1999 Page 2 6. Applicant is requesting a variance from the 1,301 s.f. dwelling requirement. 7. The legal description submitted with the application does not go to the centerline of Pine Street. 8. No sanitary sewer or water services are shown to Lot 3, Block 1. 9. Water service to this development is contingent upon positive results from a hydraulic analysis from our computer model. GENERAL REQUIREMENTS: 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be piped per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral ,users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non- domestic purposes such as landscape irrigation. 3. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 4. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 5. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. 6. Respond, in writing, to the each of the comments contained in this memorandum by 12:00 noon Tuesday, June 8, 1999. Submit ten copies of the revised preliminary plat map to the City Clerk's office a minimum of one week prior to the hearing by the Meridian City Council. SITE SPECIFIC REQUIREMENTS: 1. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of centerline. 2. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Tremont Place2.RZPP AZ-99.006 PP-9007 M • Mayor, Council and P&Z June 4, 1999 Page 3 3. One-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations aze at street intersections and/or fire hydrants. 4. Please respond with your ownership plans for the pressurized irrigation system. 5. Applicant shall be responsible to construct asix-foot-high, permanent perimeter fence along property boundary, except where the City has expressly agreed, in writing, that such fencing is not necessary. Said fencing shall be installed across the ends of the future stub streets. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. 6. Additional groundwater monitoring may be required to determine the seasonal high groundwater elevation. This testing shall be performed by a soils scientist. Testing needs to be done north of Nine Mile Creek. 8. Revise the preliminary plat to include all utilities to all lots within the subdivision. 9. Revise the preliminary plat map to indicate line sizes as previously discussed with John Carpenter. 10. The reason for asking for a vaziance from the 1;301-squaze-foot house requirement is not valid, as there is ample room to construct a 1,301-square-foot house even with the turnarounds. Add note that minimum house size is 1,301 squaze feet, exclusive of gazages. 11. Provide a turnaround on W. Idaho Street to meet the requirements of Ada County Highway District and the Meridian City-Rural Fire District. 12. Submit a revised legal description to meet all of the criteria required by Meridian City Resolution 158, and the Idaho State Tax Commission. T~a~ P~z.xzPP nz-99-006 PP-99.007 BEFORE THE PLANNING AND ZONING COMMISSION In The Matter of The REQUEST FOR REZONE of APPROXIMATELY .967 ACRES FOR PROPOSED TREMONT PLACE SUBDIVISION N0.2 Case No. RZ-99-006 RECOMMENDATION TO CITY COUNCIL LARRY & I<AY HANSEN Applicant INTRODUCTION 1. The property is approximately .967 acres in size and is located at 951 W. Pine St., between Broadway and 8`'' Street in Meridian, Idaho. 2. The applicants, Larry and I<ay Hansen, are the owners of record of the subject property of 951 W. Pine St., Meridian, Idaho. 3. The property is presently zoned as Low Density Residential (R-4) and is currently used for a single family residence. 4 The Applicant requests the property be rezoned to Medium Density Residential (R-8) with conditions for single family residential development. RECOMMENDATION TO CITY COUNCIL - 1 REZONE OF TREMONT PLACE SUBDIVISION N0.2 BY LARRY ~ I<AY HANSEN. 5. The proposed site is surrounded by Low Density Residential (R-4), and Medium High Density Residential District (R-15). The site is located on the west side of 8t'' Street approximately 125 feet south of Pine Ave. in Meridian. 6. The subject property is within city limits of the City of Meridian. 7. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 8. The Applicant proposes to develop the subject property in the following manner: Develop and construct 5 Single Family Residential lots, (one existing and 4 new lots) for a net density of 5.17 dwellings per acre. 9. The Applicant's requested rezoning of the subject real property as Medium Density Residential District (R-8) is consistent with the designation on the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Existing Urban. 10. There are no significant or scenic features of major importance that affect the consideration of this application: RECOMMENDATION 1. The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the rezoning as requested RECOMMENDATION TO CITY COUNCIL - 2 REZONE OF TREMONT PLACE SUBDIVISION N0.2 BY LARRY SL I<AY HANSEN. by the Applicant for the property described in the application, subject to the following: Adopt the Amended Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 1.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9- 605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 1.2 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. Wells may be used for non- domestic purposes such as landscape irrigation. 1.3 Applicants shall provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 1.4 Applicants shall submit letter from the Ada County Street Name Committee, approving the subdivision and street names. 1.5 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.6 Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Worlcs Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of centerline. 1.7 Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to RECOMMENDATION TO CITY COUNCIL - 3 REZONE OF TREMONT PLACE SUBDIVISION N0.2 BY LARRY & I<AY HANSEN. coordinate main sizing and routing with the Public Works Department. 1.8 One-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Worlcs Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 1.9 Applicant shall submit ownership plans for the pressurized irrigation system. 1.10 Applicant shall be responsible to construct asix-foot-high, permanent perimeter fence along property boundary, except where the City has expressly agreed, in writing, that such fencing is not necessary. Said fencing shall be installed across the ends of the future stub streets. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. 1.11 Additional groundwater monitoring may be required to determine the seasonal high groundwater elevation. This testing shall be performed by a soils scientist. Testing needs to be done north of Nine Mile Creek. 1.12 Developer shall construct a turnaround on W. Idaho Street to meet the requirements of Ada County Highway District and the Meridian City-Rural Fire District. Adopt the Ada County Highway District's Recommendations as follows: 1.13 Applicant shall provide a recorded cross access easement for the parcel to the north to use Lot 1, Bloclc 1, for access to the public streets prior to issuance of a building permit (or other required permits). 1.14 Applicant shall extend Idaho Street to the west property line as a 37-foot street section with curb, gutter, and 5-foot wide concrete sidewalk within 50-feet of right-of-way. RECOMMENDATION TO CITY COUNCIL - 4 REZONE OF TREMONT PLACE SUBDIVISION N0.2 BY LARRY SL I<AY HANSEN. 1.15 Applicant shall stub Idaho Street to the west, as proposed, and provide a paved temporary turnaround at the east end of the stub with a temporary easement provided to the District, all of which shall be coordinated with the District. 1.16 Utility street cuts in the new pavement on Meridian Road are not allowed unless approved in writing by the District. ey/Z:\Work\M\Meridian 15360M\TremontPlace Plat&Rez\Rezone2.Rec RECOMMENDATION TO CITY COUNCIL- 5 REZONE OF TREMONT PLACE SUBDIVISION N0.2 BY LARRY & I~AY HANSEN. MERIDIAN CITY COUNCIL MEETING: JULY 6, 1999 APPLICANT: LARRY 8~ KAY HANSEN AGENDA ITEM NUMBER: 16 REQUEST: REZONE OF TREMONT PLACE SUBDIVISION N0.2 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT:. MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: U S WEST: SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED RECOMMENDATION REVIEWED REVIEWED SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS ~~ ~~ ~~~' INTERMOUNTAIN GAS: C~' BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. u MERIDIAN CITY COUNCIL MEETING: JULY 20 1999 APPLICANT: LARRY & KAY HANSEN AGENDA ITEM NUMBER: 9 REQUEST: REZONE FOR TREMONT PLACE N0.2 AGENCY CITY CLERK: C1TY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: COMMENTS SEE ATTACHED MINUTES FROM 7/6/99 ~ ,~~~~ ~ ~, c,w~~~i~~ ~, ~~ t INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become properly of the City of Meridian. ~ ~ Meridian City Council Meeting July 6, 1999. Page 42 ENGINEERS, INC.- EAST OF STRATFORD DR & NORTH & SOUTH OF WATER TOWER LN: (CONTINUE PUBLIC HEARING UNTIL JULY 20, 1999) 16. PUBLIC HEARING: REQUEST FOR REZONE OF .967 ACRES (FROM R-4 TO R-8 WITH CONDITIONS FOR SINGLE FAMILY RESIDENTIAL) FOR TREMONT PLACE SUBDIVISION NO. 2 BY LARRY & KAY HANSEN- BROADWAY & 8T" STREET (951 W. PINE STREET): (CONTINUE PUBLIC HEARING UNTIL JULY 20, 1999) 17. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR TREMONT PLACE SUBDIVISION NO. 2 (ONE EXISTING, FOUR NEW BUILDING LOTS) BY LARRY & KAY HANSEN-BROADWAY & 8T" STREET (951 W. PINE STREET): (CONTINUE PUBLIC HEARING UNTIL JULY 20, 1999) 18. PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING OF 27.86 ACRES (FROM RT & R-4 TO R-8) FOR PROPOSED WILKINS RANCH SUBDIVISION BY STEINER DEVELOPMENT LLC-SOUTH OF USTICK & WEST OF TEN MILE: (CONTINUE PUBLIC HEARING UNTIL JULY 20, 1999) 19. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR WILKINS RANCH SUBDIVISION (89 BUILDING LOTS ON 27.86 ACRES) BY STEINER DEVELOPMENT LLC -SOUTH OF USTICK & WEST OF TEN MILE: (CONTINUE PUBLIC HEARING UNTIL JULY 20, 1999) Corrie: Due to the lateness of the hour, it's 10:30. We've got some other things to go. would suggest with the Council's approval we table the public hearing on 14, 15, 16, 17, 18, and 19 at this point . Bentley: So moved. Anderson: Second. Corrie: Motion is made and second to table items number 14, 15, 16, 17, 18, and 19 to be on the first of the agenda on;July the 20tH. Is there any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: Okay they will be on the first of the agenda on the 20tH 20. FINAL PLAT FOR SHERBROOKE HOLLOWS NO. 4 SUBDIVISION BY GEM .PARK II -EAST SIDE OF LOCUST GROVE AND NORTH OF VICTORY: (TABLE UNTIL JULY 20, 1999) Corrie: Staff comments from Shari? • WHITE, PETERSON, PRUSS, MORROW &GIGRAY, P.A. ATTORNEYS AT LAW JUSTIN P. AYLSWORTH 200 EAST CARLTON AVENUE, SUITE 31 JULIE KLEIN FISCHER POST OFFICE BOX 1150 WM. F. GIGRAY, [Il MERIDIAN, IDAHO 83680-1150 D. SAMUEL JOHNSON TEL (208) 288-2499 WILLIAM A. MORROW FAX (208) 288-2501 CHRISTOPHER S. NYE Email via Internet @ wfg@wppmg.com PHILIP A. PETERSON STEPHEN L. PRUSS ERIC S. ROSSMAN _ ~L_,i~~~_V~~ ~ ~, ~ TODD A. ROSSMAN R. STEPHEN RUTHERFOAD J U L 2 9 1999 TERRENCE R. WHITE City ~nf Mer. i?iZr City Cierk ~~ffiee July 27, 1999 William G. Berg, Jr., City Clerlc MERIDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653.0247 TEL (208) 466.9272 FAX (208) 466.4405 PLEASE REPLY TO MERIDIAN OFFICE Re: TREMONT PLACE SUBDIVISION NO. 2 REZONE BY: LARRY AND I~AY HANSEN Dear Will: Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FORANNEXATION AND ZONING prepared as per instructions from the Council meeting of July 20, 1999, and which are on the agenda for August 3, 1999. After the Council meeting of August 3, 1999, if Council approves the Findings of Fact and Conclusions of Law for the above matter, please serve copies upon the Applicant, Planning and Zoning, Public Worlcs and the City Attorney. If you have any questions please advise. Very truly yours, ~r Wm. F. Gigray, III msg~:\Worlc\M\Meridian 15360M\TremontPlace Plat&Rez\FFCL Cllcltx BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR REZONE OF APPROXIMATELY .967 ACRES FOR PROPOSED TREMONT PLACE SUBDIVISION NO. 2 LARRY ~ I<AY HANSEN, Applicant. Pte- ~ ~ a ~~~ Case No: RZ-99-006 ~ FINDINGS OF FAC'rRw~--- ___ CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR REZONING The above entitled matter on the, rezoning application of .967 acres having come on for public hearing on July 20, 1999, at the hour of 7:30 o'clock p.m., and Council having received the report of Shari Stiles, Planning and Zoning Administrator, and Shari Stiles, Planning and Zoning Administrator, and Bob Unger of Pinnacle Engineers, Inc., appearing on behalf of the applicant, and both having testified, and no one appeared in opposition to the request, and the Council having received the record of this matter made before the Planning and Zoning Commission, and having received their Recommendation to the City Council, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, Decision and Order: FINDINGS OF FACT The notice of public hearing on the application for rezoning was published for two (2) consecutive weeks prior to said public hearing scheduled for FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .967ACRES TREMONT PLACE SUBDIVISION NO. 2 (HANSEN) - 1 July 20, 1999, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the July 20, 1999, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and §§ 11-2-416E and 11-2-417A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629 -January 4, 1994, and maps and the ordinance Establishing the Impact Area Boundary. 4: The property is approximately .967 acres in size. The property is generally located at 951 W. Pine Street, between Broadway and 8th Street in FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .967ACRES TREMONT PLACE SUBDIVISION NO. 2 (HANSEN) - 2 • Meridian, Idaho. 5. The owner of record of the subject property is Larry and I<ay Hansen, Meridian, Idaho. 6. The Applicant is the owner of record. 7. The property is presently zoned Low Density Residential (R-4). 8. The Applicant requests the property be rezoned to Medium Density Residential (R-8) with conditions for single family residential development. 9. The proposed site is currently used for a single family residence. 10. The subject property is within the city limits of the City of Meridian. 11. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 12. The Applicant proposes to develop the subject property in the following manner: Develop and construct 5 Single Family Residential lots, (one existing and 4 new lots) for a net density of 5.17 dwellings per acre. 13. The Applicant's requested rezoning of the subject real property as Medium Density Residential District (R-8) is consistent with the designation on the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Existing Urban. 14. This proposed zoning amendment falls .within the scope and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .967ACRES TREMONT PLACE SUBDIVISION NO. 2 (HANSEN) - 3 • policies of the City's Comprehensive Plan. 15. The original conditions of the rezone request by Larry and I<ay Hansen included requirements that: The property be developed as amulti-family project under the conditional use permit process as a planned development. The property was annexed under Ordinance No. 766. A development agreement was required as a condition of annexation. Staff concurred that single-family housing in lieu of multi-family development would be acceptable. 16. Sanitary sewer service to this site is being proposed via an existing main adjacent to Nine Mile Creek near the Sunrise Health Care (formerly Western Pines) facility and extensions through the proposed Tremont Place Subdivision No. 1. 17. The proposed sewer profiles submitted with the application indicate that the sewer system is being proposed at less than minimum grades and, in some cases, less than minimum depths. Fill material may be necessary to achieve the desired design criteria. 18. Water service to the site is proposed from an extension of existing 6" mains located in W. Eighth Street and Broadway Avenue. 19. Plans indicate that the pressurized irrigation system within this development is to be an extension of the system being proposed in Tremont Place Subdivision No. 1. 20. The legal description submitted does not go to the centerline of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .967ACRES TREMONT PLACE SUBDIVISION NO. 2 (HANSEN) - 4 • Pine Street. 21. No sanitary sewer or water services are shown to Lot 3, Bloclc 1. 22. Water service to the development is contingent upon positive results from a hydraulic analysis. 23. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: Adopt the Amended Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 23.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9- 605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 23.2 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. Wells may be used for non- domestic purposes such as landscape irrigation. 23.3 Applicants shall provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 23.4 Applicants shall submit letter from the Ada County Street Name Committee, approving the subdivision and street names. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .967ACRES TREMONT PLACE SUBDIVISION NO. 2 (HANSEN) - 5 • 23.5 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 23.6 Applicant shall be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Worlcs Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of centerline. 23.7 Applicant shall be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 23.8 One-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 23.9 Applicant shall submit ownership plans for the pressurized irrigation system. 23.10 Applicant shall be responsible to construct asix-foot-high, permanent perimeter fence along property boundary, except where the City has expressly agreed, in writing, that such fencing is not necessary. Said fencing shall be installed across the ends of the future stub streets. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. 23.11 Additional groundwater monitoring may be required to determine the seasonal high groundwater elevation. This testing shall be performed by a soils scientist. Testing needs to be done north of Nine Mile Creelc. 23.12 Developer shall construct a turnaround on W. Idaho Street to meet the requirements of Ada County Highway District and the Meridian City-Rural Fire District. Adopt the Ada County Highway District's Recommendations as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .967ACRES TREMONT PLACE SUBDIVISION NO. 2 (HANSEN) - 6 • 23.13 Applicant shall provide a recorded cross access easement for the parcel to the north to use Lot 1, Block 1, for access to the public streets prior to issuance of a building permit (or other required permits). 23.14 Applicant shall extend Idaho Street to the west property line as a 37-foot street section with curb, gutter, and 5-foot wide concrete sidewalk within 50-feet of right-of-way. 23.15 Applicant shall stub Idaho Street to the west, as proposed, and provide a paved temporary turnaround at the east end of the stub with a temporary easement provided to the District, all of which shall be coordinated with the District. 23.16 Utility street cuts in the new pavement on Meridian Road are not allowed unless approved in writing by the District. 24. There are no significant or scenic features of major importance that affect the consideration of this application. 25. The area will have vehicular approaches to the subject property which shall be so designated as not to create an interference with traffic on surrounding public streets. CONCLUSIONS OF LAW 1. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 2. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .967ACRES TREMONT PLACE SUBDIVISION NO. 2 (HANSEN) - 7 • • 3. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 3.1 This proposed zoning amendment falls within the scope and policies of the City's Comprehensive Plan. 4. The requested zoning of Medium Density Residential District, (R-8) is defined in the Zoning Ordinance at 11-2-408B(4) as follows: ~R-~ Medium Density Residential District: The purpose of the (R-8) District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This district delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two-family dwellings in well- established neighborhoods of comparable land use. Connection to the Municipal Water and Sewer systems of the City of Meridian is required. 5. That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, A, Residential, lists residential uses allowed in the R-4, R-8, R-15 and R- 40 zone. 6. That Idaho Code § 67-6511 provides and requires that the City shall establish by ordinance one or more zones or zoning districts in accordance with the adopted Comprehensive Plan and the ordinance establishing zoning districts can be amended with particular consideration given to the effects of any proposed zone change upon the delivery of services by any political subdivision providing public services, including school districts, within the City's planning jurisdiction and that it is in conformance with the Comprehensive Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .967ACRES TREMONT PLACE SUBDIVISION NO. 2 (HANSEN) - 8 7. § 11-2-407 A ZONING DISTRICT MAP provides in part as follows: The districts established in this Ordinance as shown on the Official Zoning Map, together with all explanatory matter thereon, are hereby adopted as part of this Ordinance. Where uncertainty exists with respect to the boundaries of any of the zoning districts as shown on the Official Zoning Map, the following shall apply: 7.1 Where district boundaries are indicated as approximately following the centerline of street lines, highway right-of-way lines, streams, lakes or other bodies of water, the centerline shall be construed to be such boundary; 7.2 Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries; 7.3 Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Official Zoning Map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the Official Zoning Map; and 7.4 Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of said railroad line. 8. That § 11-2-416 K GENERAL STANDARDS APPLICABLE TO ZONING AMENDMENTS provides in part as follows: The Commission and Council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment: Will the new zoning be harmonious with and in accordance with FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .967ACRES TREMONT PLACE SUBDIVISION NO. 2 (HANSEN) - 9 the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; 2. Is the area included in the zoning amendment intended to be rezoned in the future; 3. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning -for example, a residential area turning into commercial area by means of conditional use permits; 4. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; 5. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; 6. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; 7. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 8. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 9. Will the proposed uses 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, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .967ACRES TREMONT PLACE SUBDIVISION NO. 2 (HANSEN) - 10 • glare or odors; 10. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 11. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 12. Is the proposed zoning amendment in the best interest of the City of Meridian. 9. That at § 11-2-417 A and C it states in part as follows: 2-417 A Prior to annexation of an unincorporated area, the Council shall request and receive a recommendation from the Planning and Zoning Commission on the proposed annexation and the proposed zoning for the annexed area. The Commission, the City, the applicant, and the Council shall follow the notice and hearing procedures provided in Section 11-2-416, Zoning Amendment Procedures. Provided, however, that the final decision of the Council shall not be appealable since such decision is a legislative function even though the procedure is designed to be quasi-judicial in nature and provides due process to the applicant. The application for annexation shall include a request for a zoning designation and, upon annexation, the property shall be zoned; however, procedurally, the property shall be deemed to have been annexed prior to being zoned and for appeal rights, there can be no appeal from the zoning decision if the property is not first annexed. If the annexation shall necessitate an amendment to the Comprehensive Plan, the Commission shall advise the applicant to request a Comprehensive Plan Amendment prior to further consideration of the annexation. If the Commission and Council approve an annexation request, the Commission and Council shall insure that said annexation is in accord with this Ordinance and the Comprehensive Plan. 2-417 C No property shall be annexed and zoned if it is not within the Meridian Urban Service Planning Area as set forth in the Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .967ACRES TREMONT PLACE SUBDIVISION NO. 2 (HANSEN) - 11 • Comprehensive Plan. An application for annexation and zoning of land not within the Meridian Urban Service Planning Area may be submitted to the City if it is accompanied by an application to amend the Meridian Comprehensive Plan to change the Meridian urban Service Planning Area to have the land for which annexation has been applied for included in the Meridian Urban Service Planning Area. The application to amend the Comprehensive Plan and Meridian Urban Service Planning Area must be processed and granted either simultaneously or prior to the annexation application. If the application to amend the Comprehensive Plan and the Urban Service Planning Area is not granted, the annexation application shall not be granted. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN ADOPTED, the City Council does hereby Order and this does Order: That the City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the redesignation of the zoning for the real Property included in the application to (R-8) Medium Density Residential District. 2. The Meridian City Council hereby approves the rezoning as requested by the Applicant for the property described in the application subject to the following: 2.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9- 605.M. Plans will need to be approved by the appropriate irrigation drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .967ACRES TREMONT PLACE SUBDIVISION NO. 2 (HANSEN) - 12 of any ditches crossing this project. 2.2 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. Wells may be used for non- domestic purposes such as landscape irrigation. 2.3 Applicants shall provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 2.4 Applicants shall submit letter from the Ada County Street Name Committee, approving the subdivision and street names. 2.5 Coordinate fire hydrant placement with the City of Meridian Public Worlcs Department. 2.6 Applicant shall be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Worlcs Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of centerline. 2.7 Applicant shall be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Worlcs Department. 2.8 One-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Worlcs Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 2.9 Applicant shall submit ownership plans for the pressurized irrigation system. 2.10 Applicant shall be responsible to construct asix-foot-high, permanent perimeter fence along property boundary, except where the City has expressly agreed, in writing, that such fencing is not necessary. Said fencing shall be installed across the ends of the future stub streets. A letter of credit or cash surety will be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .967ACRES TREMONT PLACE SUBDIVISION NO. 2 (HANSEN) - 13 required for the improvements prior to signature on the final plat. 2.11 Additional groundwater monitoring may be required to determine the seasonal high groundwater elevation. This testing shall be performed by a soils scientist. Testing needs to be done north of Nine Mile Creek. 2.12 Developer shall construct a turnaround on W. Idaho Street to meet the requirements of Ada County Highway District and the Meridian City-Rural Fire District. 2.13 Applicant shall provide a recorded cross access easement for the parcel to the north to use Lot 1, Bloclc 1, for access to the public streets prior to issuance of a building permit (or other required permits). 2.14 Applicant shall extend Idaho Street to the west property line as a 37-foot street section with curb, gutter, and 5-foot wide concrete sidewalk within 50-feet of right-of-way. 2.15 Applicant shall stub Idaho Street to the west, as proposed, and provide a paved temporary turnaround at the east end of the stub with a temporary easement provided to the District, all of which shall be coordinated with the District. 2.16 Utility street cuts in the new pavement on Meridian Road are not allowed unless approved in writing by the District. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .967ACRES TREMONT PLACE SUBDIVISION NO. 2 (HANSEN) - 14 NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the rezoning may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ~r day of i'~lrl , 1999. ROLL CALL COUNCILMAN RON ANDERSON VOTED COUNCILMAN KEITH BIRD VOTED COUNCILMAN GLENN BENTLEY VOTED COUNCILMAN CHARLIE ROUNTREE VOTED MAYOR ROBERT CORRIE (TIE BREAKER) VOTED DATED: ~~~`~y MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .967ACRES TREMONT PLACE SUBDIVISION NO. 2 (HANSEN) - 15 • Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and City Attorney. By: ~ Dated: T/ ~ ~~7 City Clerk ~~~~~aen~tttttr~r~i ~ msg/Z.\Worlc\Ni\Nleridian 15360M\TremontPlace Plat&Rez\FfC1DecOrd.RZ ~ ~ ~4 j~ `Q B~~L T 'f . %~~'O~ Q~ ,,. ~~~~~~~f~AOt d~t~t~4f4b! FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .967ACRES TREMONT PLACE SUBDIVISION NO. 2 (HANSEN) - 16 MERIDIAN CITY COUNCIL MEETING: AUGUST 3.1998 _ APPLICANT: TREMONT PLACE SUBDMSION N0.2 AGENCY ITEM NUMBER: 6 REQUEST: F/F8~C/L• REQUEST FOR REZONE OF .967 ACRES (FROM R-4 TO R-8 WrTH CONDITIONS FOR SINGLE FAMILY RESIDENTIAL) BROAD 8~ 8 STREET AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS SEE F/F&C/L ATTACHED BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. i~~ ~ a5 ~~u~ MERIDIAN CITY COUNCIL MEETING: AUGUST 3.1998 __ APPLICANT: TREMONT PLACE SUBDMSION N0.2 AGENCY ITEM NUMBER: 7 REQUEST REZONE ORDINANCE OF 967 ACRES (FROM R-4 8 R-8 WITH CONDITIONS FOR SINGLE FAMILY RESIDENTIAL) AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS Q3~, SEE ATTACHED ORDINANCE BUREAU OF RECLAMATION: (1TNFR• All Materials presented at public meetings shall become property of the City of Meridian.