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HomeMy WebLinkAboutBerry Patch AZHUB OF TREASURE VALLEY OFFICIALS WAYNE S. FORREY, AICP, City Clerk JANICE GASS, Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney JOHN SHAWCROFT, Waste Water Supt. KENNY BOWERS, Fire Chief BILL GORDON, Police Chief GARY SMITH, P.E., City Engineer A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208)888-4433 FAX (208) 887-4813 GRANT P. KINGSFORD Mayor COUNCILMEN RONALD R. TOLSMA ROBERT GIESLER MAX YERRINGTON ROBERT D. CORRIE Chairman 2oning & Planning JIM JOHNSON Centennial Coordinator PATSY FEDRIZZI TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning_Commission, may we have your answer by: TRANSMITTAL DATE : A' `~ ~~"1 L~ HEARING DATE : ~~~~ , ~ qq~~ REQUEST : ~~~_`~C7"'\~ -~-~,.,~ `~ AC~y~ C~C~I\1T~- ~--l(f ~~~L( )l [ DI/IIC~ C O!~ BY : tit ~. c~~a~~~~ll4 ~, ?Y LOCATION OF PROPERTY flR PRO.IECT:~~ ~~, ~~~,,~'~~~ 1`I E ~~~ lam' StGTi C-'~t 4 i T',~ i l 1~ t l ~ ~ k~. t"S~- ~fY~~2lfJ1'A~ JIM JDHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C BOB GIESLER, C/C MAX YERRINGTON, C/C BRUCE STUART, WATER DEPT. JOHN SHAWCRDFT, SEWER DEPT. BUILDING INSPECTOR FIRE DEPARTMENT POLICE DEPARTMENT MERIDIgN SCHODL DISTRICT MERIDIAN POST OFFICE (PREL.B FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRR. DISTRICT SETTLERS IRRIGATIDN DISTRICT IDAHO POWER CO. (PREL. & FINAL PLAT) U. S. WEST (PREL. & F I NAL PLAT ) INTERMOUNTAIN GAS (PREL. & FINAL PLAT) BUREAU OF RECLAMATION .(PREL. & FINAL PLAT) WAYNE FORREY, AICP, PLANNER CITY ATTORNEY CITY FILES OTHER• GARY SMITH, P.E. ENGINEER APPLIATION FOR ANNEXATION APPROVAL & ZONING OR REZONE MERIDIAN PLANNING AND ZONING COMMISSION FILING INFORMATION I. GENERAL INFORMATION ~~ 8~,~y ~~TC,~ (PROPOSED NAME OF SUBDIVISION) 1 z 9 3 /~/ 8~9e~ C~~T (GENERAL LOCATION) S'EE' <I TTR e~/E~ (LEGAL DESCRIPTION - ATTACH IF LENGTHY) ~~L soy/ /~ ~- 1iIY~eNA G' Z3E,~~ y 8b'~- 5~~9D (OWNER(S) OF RECORD) (NAME) (TELEPHONE N0.) 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V y y ,~ ` ' VS oa N F ~ : V 5+ n y ~ v 2 a -~ ~ ~. ., ~ ro ~ ~ ~~ , L' ~ ~5 o ~~ v ~ ~ W Ni Q s.,.y ~ a o ~~ ~ ~ ~ N a State of IdaYn Qounty of ADA A F F I D A V I T We, Nelson N. and Myrna Go Berry, have on May .3,_1993 posted on our pivperty at 1293 N Black Cat, the following "Notice of Hearing", where it will rem-iin until after the said hearing on May 11, 1993: NOTICE OF HEA1tIlQG NOTICE I3 HEREBY GIVEN PURSUANT TO THE ORDINANCES OF THE CITY OF MERIDIAN AND THE LAWS OF THE STATE OF IDAHO, THAT THE PLANNING AND ZONING COMMISSION OF THE CITY OF MERIDIAN WILL HOLD A PUBLIC HEARING AT THE MERIDIAN CITY HALL, 33 EAST IDAHO STREET, MERIDIAN, IDAHO, AT THE HOUR OF 7:30 P.M., ON TUESDAY, MAY 11, 1993, FOR THE PURPOSE OF REVIEWING AND CONSIDERING THE APPLICATION OF NELSON N. BERRY AND MYRNA G. BERRY, FOR ANNEXATION AND ZONING OF APPROXIMATELY 5 ACRES GENERALLY LOCATED AT 1293 N. BLACR CAT ROAD, MERIDIAN, ADA COUNTY, IDAHO, WHICH PROPERTY IS DESCRIBED AS THE NORTHEAST 1/4 OF SECTION 9, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE, MERIDIAN. ADA COUNTY, IDAHO. THAT APPLICATION REQUESTS A ZONING OF R-4. I, 2~ FPM ©. ~.~-ec~~ being a Notary Public, do hereby certify that on this ~~ day of 3~ , 19_3 the above affiant, having been first duly sworn,,,, appeared before me and signed the foregoing affidavit. __ _ ~^ -- -_ ~~ ~ '.~ - _ g a of lic - ;_, - _ _ ~ ~ Notary Public residing at_~~~~ C~ ~ ~~ ~--a -`~`` ~--= My commission expires on ~© Ja.,.t~ar-, ~qq~ - _ , THESE ARE ITEMS NEEDED FOR ANNEXATION & ZONING REQUESTS 1. Name, address and phone number of applicant; 2. Name, address and phone number of owner of subject property, and proof of title in said owner; 3. Notarized request for zoning amendment from titled owner, successor of said owner, or valid title option holder or contract purchaser with consent from the titled owner if not requested by the titled owner; 4. Legal description of property; 5. Legal description of all adjoining rights-of-way, railroads, roadways, highways and easements the full length of the property; 6. Present land use; 7. Proposed land use; 8. Present district; 9. Proposed district; 10. Characteristics of subject property which make the zoning amendment desirable; 11. Necessity or desirability of development pertaining to the zoning amendment and its harmony with adjacent development; 12 . One ( 1) map o f sca l e one ( 1 ) i nch equal s one hundred ( 100 ) feet of the property concerning the zoning amendment; 13. Thirty (30) copies of a vicinity map of a scale of one (1) inch equals three hundred (300) feet; 14. A list of the mailing addresses of all property owners, from authentic tax records of Ada County, who are within three hundred (300) feet of the external boundaries of the land being considered, and all property owners included within the property being considered; 15. A statement of how the proposed zoning amendment related to the Meridian Comprehensive Plan; 16. A fee as established by the Council; Less than 1 acre = $400.00; Over 1 acre = $400.00 + $15.00 per acre over portion thereof. In addition to above fee applicant shall pay cost of certified mailings at rate of $1.29 per notice. 17. The property will be posted 1 week before hearing stating they have applied for a Conditional Use Permit or Zoning. There must be a signed affidavit that this has been done as part of the application. PROCEDURES FOR ANNEXATION & ZONING REQUESTS 1. The Commission shall: a. Conduct at least one public hearing at which interested persons will have the opportunity to be heard. At least 15 days prior to hearing notice of the time and place shall be published in newspaper. b. Within 45 days after hearing the Commission, shall transmit its recommendation to the Council with supportive reasons, the Commend shall recommend the application be approved, approved with conditions or denied. The Commission shall insure that any approval is in accordance with the Comp. Plan, this Ordinance and State Law. 2. The Council: a. The Council shall conduct one public hearing after notice requirements as above. b. After hearing the Council shall approve, approve with conditions or deny, with supportive reasons. NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., on Tuesday, May 11, 1993, for the purpose of reviewing and considering the Application of NELSON N. BERRY and MYRNA G. BERRY, for annexation and zoning of approximately 5 acres generally located at 1293 N. Blackcat Road, Meridian, Ada County, Idaho, which property is described as the Northeast 1/4 of Section 9, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho. That the Application requests annexation with zoning of R-4. A more particular legal description is on file in the office of the City Clerk of the City of Meridian and is available upon request. A copy of the Application is available upon request. Public comment is welcome and will be taken and heard. DATED this ~ day of April, 1993. ~~~ WAYNE S. FORREY, AICP CITY CLERK N07ICE OF' HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, hleridian, Idaho, at the hour of 7:30 p.m., on July 2U, 1993, for the purpose of reviewing and considering the Application of Nelson and Myrna Berry, far annexation and zoning of approximately 5 acres of land located in the Northeast 1/4, 3eetion ~~, 1"ownshiP 3 North, Range 1 West, Boise-Meridian, Ada County, Idaho, and which PrapeY-ty is generally located at 1293 N. Blackcat Raad,Meridian, Ada County, Idaho. That the Application requests annexation with zoning of R--4. ~"urther Applicant requests Preliminary Plat approval of the parcel of land above described for 1"he Berry Patcl-~ Subdivision . A more particular legal description of the above property is on file in the City Clerk's office at Meridian City H,~all , 3::~ East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon requewt. Any and all interested Persons shall be heard at said public hearing and the public is welcome and invited t.o submit testimony. Dated this _..,..Z_.`'._..,,",,._ day of June , 1993 . WAYNE S . I ~"ORPE1~' , mmCITY CLE K CENTRAL •• DISTRICT HEALTH _ Return to: DEPARTMENT RECEI'tr,~~ ^ Bolse ^ Eagle REVIEW SHEET MAY 1 2 »~3 ^GardenCity Rezone # ~i+fN~X~'r'~''~ ~b 4~`` CITY QF I:~IF~~~~> ~-~d '~Mer'~dian Conditional Use # ^ Icuna Preliminary/Final/Short Plat ~/~ ~~~~~ ~r ~c,~~iU«%~~--' ^ ACz ^ 1. We have no objections to this proposal. ^ 2. We recommend denial of this proposal. ^ 3. Spec'Ific knowledge as to the exact type of use must be provided before we can comment on this proposal. ^ 4. We will require more data concerning soil conditions on this proposal before we can comment. ^ 5. Before we can comment concerning individual sewge disposal, we will require more data concerning the depth of ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can approve this proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ~- 7. After written approval from appropriate entities are submitted, we can approve this proposal for: Central sewage ^ Community sewage system ^ Community water well ^ Interim sewage ~' Central water ^ Individual sewage ^ Individual water 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental G~uality: ® Central sewage Community sewage system^ Community water ^ Sewage dry lines ~ Central water ® 9. Street runoff is not to create a mosquito breeding probelm. ^ 10. This department would recommend deferral until high seasonal ground water can be determined 'rf other considerations indicate approval. ^ 11. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 12. We will require plans be submitted for a plan reiew for any: ^ Food establishment ^ Swimming pools or spas ^ Beverage establishmentt ~^ Gro/cery store `~,,~-r~,~ ~~ ~ ~~ ~ ~- Guess ^ Child Care Center DATE: ~ /~~' Reviewed by: ~ ~it.~1 CDHD 10-91 rcb J 2 Q ~~ SUPERINTENDENT OF SCHOOLS Bob L. Haley DEPUTY SUPERINTENDENT Oa EXCEL ~~ Dan Mabe, Finance & Administration DIRECTORS Z~ Jim Carberry, Secondary I~~-~~~ Christine Donnell, Personnel Darlene Fulwood, Elementary Doug Rutan, Special Services JOINT SCHOOL DISTRICT N0.2 911 MERIDIAN STREET MERIDIAN,IDAH083642 PHONE(208)888-6701 April 22, 1993 City of Meridian 33 East Idaho Meridian, Idaho 83645 Re: The Berry Patch Subdivision Dear Councilmen: I have reviewed the preliminary plat for The Berry Patch Subdivision. This planned development will accelerate the need for Joint School District No. 2 to construct additional classrooms and/or to adjust school attendance boundaries. Meridian Schools do not have excess capacity. Nearly every school in the district is beyond capacity. The Meridian School District supports economic growth for Idaho and specifically the district's area, but such growth produces a need for additional school construction. We ask your support for a development fee statute on new home construction or a real estate transfer fee to help offset the costs of building additional school facilities. If this support is lacking .then we ask that additional residential development be denied. Residents of the new subdivision cannot be assured of attending the neighborhood school as it may be necessary to bus students to available classrooms across the district. We ask that you assure the developer will provide walkways, bike paths and safe pedestrian access. Sincerely, ~ m~ Dan Mabe, Deputy Superintendent DM:gr HUB OF TREASURE VALLEY A Good Place to Live OFFICIALS COUNCILMEN P~CityClerk CITY OF MERIDIAN R RROBERTGI SLERA Teasure JANICEGASS BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO MAX YERRINGTON .ROBERT D. CORRIE JOHN SHAWCROFT, waste Water Supt. MERIDIAN, IDAHO 83642 Chairman Zoning 8 Planning KENNY BOWERS, Fire Chief Phone (208) 888-4433 JIM JOHNSON BILLGORDON, Police Chief GARY SMITH, P.E., City Engineer FAX (208) 887-4813 Centennial Coordinator GRANT P. KINGSFORD PATSY FEDRIZZI Mayor MEMORANDUM May ~' * 1 `~~'=' TO: MAYOR, COUNCIL, PLANNI R ZONING FROM: GARY D. SMITH, Ft. E. RE : NELSON R MY RNA HE Rf2Y tANNEXATION) I have reviewed this s~ebmittal and have the following comments fot^ your information arty` rai" '~ansider^~rtion as conditions of the applicant dttrirrg you~~ 'decision making pt~ocess: 1 . The east erg y bottndat°y of thi ~, pit^ce3 i s eont i gstous t o the western bo:titnd`ary of pt^aperty previau sly+ annexed tinder Ot^d i nanc e No. 347 y dot ed 7- ] E+-79'- ~'. No City sanitary aewet^ or domestic I'aate•r~ service is available" to this ,par ce.l at" this tz'~e. 5ewer^ sex^vice wot_tld only be availatt]e at such time as the 113ack Cat Road/Ten Mile C><^eek Interceptor line is built. The closest water service is in Chet^r°y Lane Rd. approximate ly 1/.~ mile east of Black Cat Rd. HUB OF TREASURE VALLEY OFFICIALS WAYNE S. FORREY, AICP, City Clerk JANICE GASS, Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney JOHN SHAWCROFT, Waste Water Supt. KENNY BOWERS, Flre Chief BILL GORDON, Police Chief GARY SMITH, P.E., Clty Engineer A Good Place to Live CITY OF MERIDIAN RONALD R. TOLSMA C ROBE T GI SLER 33 EAST IDAHO MAX YERRINGTON ROBERT D. CORRIE MERIDIAN, IDAHO 83642 Chairman Zoning & Planning Phone (208) 888-4433 JIM JOHNSON FAX (208) 887-4813 Centennial Coordinator GRANT P. KINGSFORD PATSY FEDRIZZI Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zonin~g~~Commission, may we have your answer by: TRANSMITTAL DATE : A~P~LL, ~~ F~~ REQ BY: HEARING DATE: ~~I ,~ ~ ~ qa~~ LOCATION OF PROPERTY" tIR'PROJECT:~aG~~j ~~, ~~~,~~~~~-~ 1~Jt ~~- rte- StGTCV`t 4 .T,~ >J , ~t t~ ) t~~~- ~~2c`J».~ JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C BOB GIESLER, C/C MAX YERRINGTON, C/C BRUCE STUART, WATER DEPT. JOHN SHAWCROFT, SEWER DEPT. BUILDING INSPECTOR FIRE DEPARTMENT POLICE DEPARTMENT GARY SMITH, P. E. ENGINEER MERID3AN SCHOOL DISTRICT MERIDIAN POST OFFICE (PREL.& FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRR. DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PREL. 8 FINAL PLAT) U. S. WEST (PREL. 8 FINAL PLAT) INTERMOUNTAIN GAS (PREL. & FINAL PLAT) BUREAU OF RECLAMATION (PREL. & FINAL PLAT) WAYNE FORREY, AICP, PLANNER CITY ATTORNEY ~ a ~ ~ 3 CITY FILES { OTHER: /Y7.e~~ r.Q~~~~r-^~ /~2 ~ ,~,~~p !~a ax W t W : G ~- i(J ~.~c~ Turr~ys-,eo~..~d r ~. f ~'~.e ~tiO O-~ L Arve . 71ie L~~Q f.•~~LL~.F,..~c~% ~ 73~rra~tZ- DATE: ~;LiQ~,_ ~~1~`1,~ MERIDIAN CITY COUNCIL AGENDA I TEM NUMBER ~ APPLICANT : l~S~n ~ YY1~ Y((10. ~.`~t'~.I REQUEST:. ~-IY1'V~9,1(a.~-iOVt, ~~c~vt~~~ci. ~-~ AGENCY COMMENTS: MERIDIAN POLICE - MERIDIAN F IRE DEPT. -~ 1~`~QCkO~ Cdw~v~~~ MERIDIAN C I TY ENGINEER - S12.Q Iq ~4o~C~-e d COr~~S MERIDIAN ATTORNEY - MERIDIAN POST OFFICE - _~ lA~lq.~ ~rik5 MERIDIAN SCHOOL DISTRICT MERIDIAN BUILDING DEPT. - ADA COUNTY HIGHWAY DISTRICT - ADA STREET NAME COMMITTEE - ~ ~~~d ~~~~s CENTRAL DISTRICT _ HEALTH NAMPA MERIDIAN IRRIGATION - SETTLERS IRRIGATION - IDAHO POWER - US WEST - INTERMOUNTAIN GAS - BUREAU OF RECLAMATION - OTHER COMMENTS: MERIDIAN CITY ATTORNEY -~I~IVIC~S 6~ FQG~' ~CC51'1CLUS(~-S O~ ~~ NELSON & MYRNA BERRY PARCEL #512109110010 ATTACHMENT TO ANNEXATION APPLICATION SURROUNDING PROPERTY OWNERS WITHIN 300 FEET PARCEL # NAME ------------------------------------------------- S1210233600 VEDA J. MCFADDAN 950 N. BLACK CAT MERIDIAN, ID 83G42 S1209110110 SAMMY & JUDY J. FISHER 4831 SUNFISH LN. MERIDIAN, ID 83642 S1209110231 DAVID L. & BARBARA K. CAMPBELL 5055 SUNFISH LN. MERIDIAN, ID 83642 51209110241 JOHN A. & NANCY J. BENSON P.O. BOX 155 DONNELLY, ID 83615 S1209141900 RALPH T. & MARTHA J. KLINE (DECEASED) 1133 N. BLACK CAT MERIDIAN, ID 83642 51209141802 FOREST J. & DEBRA J. KLINE 1155 N. BLACK CAT MERIDIAN, ID 83642 S1209141800 FOREST J. & DEBRA J. KLINE 1155 N. BLACK CAT MERIDIAN, ID 83642 S1209142010 ROBERT J. & VIRGINIA G. BURT 1123 N. BLACK CAT MERIDIAN, ID 83642 HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live WAYNE S. FORREY. AICP, City Clerk JANICE GASS, Treasurer CITY OF MERIDIAl~ COUNCILMEN RONALD R. TOLSMA BRUCE D. STUART, Water Works Supt. ROBERT GIESLER WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO MAX YERRINGTON JOHN SHAWCROFT, waste water Supt. KENNY BOW R MERIDIAN IDAHO 83642 ROBERT D. CORRIE E S, Fire Chiet + Chairman Zoning 8 Planning BILL GORDON, Police Chief P11011C (208) 888-4433 JIM JOHNSON GARY SMITH, P.E., City Engineer FAX (208) 887-4813 Centennial Coordinator GRANT P. KINGSFORD PATSY FEDRIZZI Mayor NI7-. David Abo June 11, 1993 Fada County F~lanning Director 650 Main Street F3oise , Idaho B.S702 Gear Mr. Abos To be ,efficient and save paper I will address 2 items in this letter. 1. The City of Meridian fully intends to annex property owned by Mr. Nelson 8e7-r;~. The City of'Meridan will also process any building permit applications we receives from Mr. Berry. ~'. 1"he City of Meridian requests Ada County to delay action on :.any 'Y t.~.one , Cubdivisian or Conditional., Use Permit Applications that are within the Mleridian Imr~act o~- Referral ,~r;=as. !fie are in the process of updating. our Comprehensive Plan which should be' ccsmPl~ted by ' September 10t1~~ , 1995 , Until our ,Cbmpref*~~nsive Plan is updated, please hold your final appr~~val of any devel'opment' proposals within our Impact and hwferral Areas. Thank ~,~ou fc~r c<~a~°dnati n<~ so well with the c~.ty of Meridian . we. appreciate your partner~hip,'Keep up your good work!' ,~ Respt~ctful ly ; ~:.,.1_t~~ i>r MF:r idzan UU ,~A1 ~A ~~(( ~''7 , City Planning hector DAVE: ~ q~ MERIDIAN PLANNING ~D ZONING COMMISSION AGENJJA I TEM NUMBER APPLICANT : IV a~~, rh REQUEST: ~Y1Y14~~~ C~i(ld n/1 ~ 2-~ - - ~- AGENCY COMMENTS: MERIDIAN POLICE - MERIDIAN FIRE DEPT. - MERIDIAN CITY ENGINEER - MERIDIAN ATTORNEY - MERIDIAN POST OFFICE - MERIDIAN SCHOOL DISTRICT - MERIDIAN BUILDING DEPT. - ADA COUNTY HIGHWAY DISTRICT - ADA STREET NAME COMMITTEE - CENTRAL DISTRICT HEALTH - NAMPA MERIDIAN IRRIGATION - SETTLERS IRRIGATION - IDAHO POWER - US WEST - INTERMOUNTAIN GAS - BUREAU OF RECLAMATION - MERIDIAN CITY ATTORNEY -rjQl~ ~'}i1(~C.~~ F11(1~1V~C1~j ~~- ~00.G~ MERIDIAN PLANNING DIRECTOR - OTHER COMMENTS: . ~ • • BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION NELSON N. BERRY & MYRNA G. BERRY ANNEXATION AND ZONING SOUTHEAST CORNER OF USTICK ROAD AND TEN MILE ROAD MERIDIAN, IDAHO FINDINGS OF FAST AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on May 11, 1993, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony, .and the Applicant appearing, and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two ( 2 ) consecutive weeks prior to the said public hearing scheduled for May 11, 1993, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the May 11, 1993, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations; 2. That the property included in the application for annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is approximately 5.00 acres in size; it is on the west side of Black FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 1 ~~ • • Road between Cherry Lane Road and Ustick Road. 3. That the property is presently zoned by Ada County RT (Rural Transition) and the proposed use would be for R-4 Residential type development; the Applicant stated during the hearing that the proposal is to break off one acre from the five acres so that his son could build a home on the one acre. 4. The general area surrounding the property is used agriculturally and residentially. 5. That the property is adjacent and abutting to the present City limits. 6. The Applicant is the owner of record of the property. 7. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 8. That the parcel of ground is not included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan but is adjacent thereto. 9. That the Application requests that the parcel be annexed and zoned R-4 Residential; that the present use of the property is for one residence on the five acres and for limited agriculture; that the applicant indicated that the intended development of the property is as above stated in Paragraph 3. 10. There were no property owners in the immediate area that testified objecting to the Application. 11. That the property would most likely be in the CHERRY LANE Neighborhood, if it was extended, as set forth in Policy Diagram in FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 2 the Meridian Comprehensive Plan; that under Housing Development on page 25 and 26 of the Comprehensive Plan property inside the Urban Service Planning Area may be developed at greater densities than one dwelling unit per acre and it is the policy that a density of greater than 1 dwelling unit per 5 acres may not be exceeded outside of the Urban Service Planning Area. 12. That in the Rural Area section of the Comprehensive Plan it does state that land in agricultural activity should so remain in agricultural activity until it is no longer economical to exclude orderly. growth and development to maintain agricultural pursuits. 13. That the property cannot be serviced with City water and sewer at this time and the Applicant will have to rely on private wells and septic systems to provide water and sewer service; that the house already in existence on the five acres has a private well and septic system and the Applicant is not requesting municipal sewer or water at this time; that the Applicant stated at the hearing that he would provide sewer and water stub outs to Black Cat Road for eventual connection to Meridian City sewer and water. 14. Ada County Highway District, the Department of Health, the Nampa Meridian Irrigation District, Settlers Irrigation District, and Bureau of Reclamation may submit comments and such shall be incorporated herein as if set forth in full; that the Meridian City Engineer and the Meridian Fire Chief submitted comments and they are incorporated herein as if set forth in full; the Fire Chief's comment was that a turn-around will be needed at FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 3 ' • j< . the end of the lane and the lane will need to be graveled or paved. 15. That the R-4, Residential District is described in the Zoning Ordinance, 11-2-408 B. 1 as follows: SR-41 Low Density Residential District: Only Single Family Dwellings shall be permitted and no conditional uses shall be permitted except for Planned Residential Development and public schools. The purpose of the (R-4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominately residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non-residential uses. The (R-4) District allows for a maximum of four (4) dwelling units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian. 16. That the Applicant has requested a zoning of R-4 but has indicated that he is desirous of splitting off an acre so that his son can build a home on that acre; the City of Meridian does not have a residential zone for one acre development but does have a zone for two lots per acre which is the R-2 District; that the R-2 District is defined as follows: (R-21 RURAL LOW DENSITY RESIDENTIAL DISTRICT: The purpose of the (R-2 ) District is to permit the establishment of rural low density single-family dwellings, and to delineate those areas where predominately rural residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of rural residential areas by prohibiting the intrusion of incompatible non-residential uses. The (R-2) District allows for a maximum of two (2) dwelling units per ~dre and requires connection to the Municipal Water and Sewer systems of the City of Meridian. 17. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been complied with. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 4 • • _~ CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a Legislative function. 3. That the Planning and Zoning Commission has judged this .. annexation and zoning application under Section 50-222, Idaho Code, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, the Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant and the annexation is not upon the initiation of the City FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 5 . ~ • of Meridian. 8. That since the `annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616 which pertains to development time schedules and requirements; that the Applicant will be required to provide sewer and water stub outs to Black Cat Road for eventual connection to Meridian water and sewer. 10. That proper and adequate access to the property is available and will have to be maintained. 11. That since the Ap~3tlicant's property is most likely in the CHERRY LANE NEIGHBORHOOD, if extended, of the Comprehensive Plan, the annexation and zoning Application is in conformance with the Comprehensive Plan but does conflict with the Rural Areas policies in that there would be a density of grater than one dwelling unit per five acres. 12. That the Comprehensive Plan, regarding the nature of the Comprehensive Plan, at page 1, states as follows: "A Comprehensive Plan is an official document, adopted by local governments and public agencies, which serves as a policy for decisions concerning the physical development of a community. It indicates, in a general way, how the community may develop in the next 20 to 30 years." 13. That it has been~~eld that the Comprehensive Plan of a city is not the primary controlling zoning document of a city but the zoning ordinance of the city governs over the Comprehensive FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 6 • Plan. Bone v. City of Lewiston, 107 Idaho 844, 693 P.2d 1046 (1984). 14. That since this Replication is only for annexation and zoning for five acres, only two houses will be on the five acres, and the Applicant is not requesting City sewer and/or water and such cannot be provided at this time, it is concluded that the Comprehensive Plan must be used only as a guideline and not as a definitive marker and thus the annexation and zoning would be in the best interest of the City even though the density would be in violation of the Comprehensive Plan. 15. It is concluded that development of five acres with two homes is not R-4 type development and that R-4 zoning would not fit the land; that it is concluded that the best and most applicable zoning for the parcel is R-~~. If the Applicant does not want the land zoned R-2, it is concluded that this Application should be denied. If the Applicant Agrees with the R-2 Zone, then it is the recommendation of the Planning and Zoning Commission that the property be annexed and zoned R-2. 16. That all ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled the property shall be subject to de-annexation; that a turn-around at the end of the lane shall be constructed and the lane shall be paved or graveled and maintained. 17. With compliance of the conditions contained herein, the annexation and zoning of R-2, Residential would be in the best ~~ interest of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 7 `` • • 18. That also as a condition of annexation the Applicant must connect to City water and sewer when it becomes available, i.e. within 300 feet of Applicant's property, and Applicant must provide stub outs for sewer and water from the residences to Black Cat =a Road. 19. That if the conditions of approval are not met the property shall be subject to de-annexation. ,. ~. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 8 r i APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL =J COMMISSIONER HEPPER COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) VOTED VOTED VOTED VOTED VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning as stated above in the Conclusions for the property described in the ap'plication' with the conditions set forth in the Findings of Fact and Conclusions of Law and that the Applicant be specifically required to the all ditches, canals and waterways as a condition of annexation and that the Applicant meet all of the Ordinances of the City of Meridian, specifically including the development time requirements and the conditions of these Finds and Conclusions an that if the conditions are not met that the property be de-anne ed. MOTION: ~ ~. .. . APPROVED: ~ DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 9 '~~