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HomeMy WebLinkAbout1993 02-16i loyau� AGENDA MERIDIAN CITY COUNCIL FEBRUARY 16, 1993 IU MINUTES OF THE PREVIOUS MEETING HELD FEBRUARY 2, 1993: (APPROVED) 1: PUBLIC HEARING PROPOSED AMENDMENTS TO THE DTACT AREA AND THE URBAN SERVICE PLANNING AREA BOUNDARY: (APPROVED) 2: PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING W/PRELIMINARY PLAT ON RUNNING BROOK ESTATES: (FINDU S TO BE PREPARED) 3: FINDINGS OF FACT & CONCLUSIONS ON VARIANCE REQUEST BY GLENCO, INC.(FMMM APPROVED) 4: FINAL PLAT: HUNTS BLUFF SUBDIVISION, FORMERLY FARWEST SUBDIVISION: (APPROYED) 5: FINAL PLAT ON EASTBROOK VILLAGE SUBDIVISION(APPROVED) 6: BID ON DOWNTOWN PROJECT PHASE II: (BID AWARDED) 0 MERIDIAN CITY COUNCIL FEB. 16, 1993 PAGE 2 Grant: We would like our property to be in Ada County so our property can be included in Boise's Area of Impact. Discussion Held. Kris Corte, 499 Main Street, Boise, was sworn by the attorney. Corte: Representing owners from north of McMillan Road and also 1/4 mile south of MCMillan to 1/4 Mile South of Ustick. In the submittal to the City of Boise and the report is attached to the letter submitted for the record. In our request for Urban Service Planning Area Expansion into Boise we found that it can be served by municipal sewer and central water and is contiguous to the City limits and Urban Development existed on that property on two sides. The plans for fire protection are on their way and today the City of Boise purchased a fire station site at the corner of McMillian and Cloverdale Road. All levels of primary and secondary education were available within one mile of the site. It was also contiguous to major employment centers. (Further explanation - see tape) Documents submitted and read are on file in City Clerk's Office. Thanked Council for allowing him to present information. Crookston: In the materials you submitted to the Planning & Zoning Commission on this issue, did I interpret you to say that you had submitted a petition to change the Comp. Plan? Corte: We had submitted a petition to the Ada County Commissioners of which we sent a copy to you requesting that the 1991 January letter be honored and that they start the process of renegotiating the area of impact with you. That was done in March of last year and we have not pursued it any further but we now believe that it is the time that we get it resolved. Crookston: No petition has been submitted to the City of Meridian to change the Meridian Comprehensive Plan to delete this area, is that correct? Corte: Correct. • MERIDIAN CITY COUNCIL FEB. 16, 1993 PAGE 4 Ted Johnson, 5330 Farrah attorney. Street, Boise, was sworn by the Johnson: Most of what I wanted to say has been said. Mr. Grant has presented our answer to where we want to go and from what I can tell from going over the petition, it represents about 90% favoring Boise. I would ask this Council to make the decision and get on with it. We would appreciate it if you could make that decision as soon as you can. Thank you. Kingsford: Again, if that election would have taken place this would probably never be happening now. I would submit to you that the people that went out there and polled, the reason the election got cancelled is because they found that it wasn't going to Boise. Now whether that's here nor there on this issue but at least at that point that was the attitude both to the Statesman and one of the major clients out there. If you could go back and get those other two entities to say "we'll hold an election" we'll drop that case I think. That's all any of this body wants. We want to make sure everybody out there gets a fair chance at it. Thank you. Anyone else to testify? George Yost, 308 E. 2nd, Box 6869 Emmett, was sworn by the attorney. Yost: Sympathized with Council over these issues. Was raised in area of Ustick and Eagle and still owns 35 acres there that's been in his family since 1906. I also represent my brother who has acreage there. Explanation given - see tape. Not sure that Boise wants us but would like Council's help. Thank you. Kingsford: Anyone else? Louise Little, 4055 N. Eagle Rd., Meridian, was sworn by the attorney. Little: I'm speaking on behalf of my husband who is critically ill and he can't be present here tonight. He just wanted me to put it on record that we have an address of Meridian, Idaho but we have an Eagle telephone number and presently we're located in an area that is a no -mans land. Meridian isn't claiming us and providing no service to us except the volunteer fire department and it's time that something be done so that we are either assured that we will be receiving facilities for development or that we be annexed into the City of Boise. Kingsford: Thank you. Anyone else? • MERIDIAN CITY COUNCIL FEB. 16, 1993 PAGE 5 Dave Turnbull, 12301 W. Explorer Drive, Boise, was sworn by the attorney. Turnbull: I'm with Boise Research Center and we own 160 acres on the corner of Chinden and Cloverdale Rd. which a few years back the entire half mile by half mile section was annexed into Boise City Limits and when I received notice of your proposed amendment for Comprehensive Plan and an Impact Area change, the line was drawn straight through part of our section. I wanted to clear up that that either has been changed or is being changed. Kingsford: Thank you. Anyone else? Tony Marian, 4000 E. McMillan, Meridian, was sworn by the attorney. Marian: I agree with the Mayor here and this is a very political question. I also wish the election would have been held also but my only request, that I would like on record, let's let the courts decide and get it done with and over. Kingsford: I agree with that. Lea Melvin, 4280 N. Eagle Road, was sworn by the attorney. Melvin: I live in that same area so you know the whole story, and I also own 20 acres out there. Kingsford: Anyone else? Don Smitchger, 3890 E. Ustick Rd., was sworn by the attorney. Smitchger: Questioned vote procedures. Kingsford: Initially that vote was scheduled for both sections and then they cancelled that. Smitchger: I think this could be settled right now. I thought we was in a safe area. I think Meridian should drop their suit and go on about things. Further on tape. Kingsford: Thank you. Anyone else to testify? No response. I will close the public hearing. Crookston: Testimony pretty much the same as at the Planning & Zoning Meeting. If the Council wishes to have additional Findings they can. 0 • MERIDIAN CITY COUNCIL FEB. 16, 1993 PAGE 6 Kingsford: What's the Councils pleasure? Corrie: I really have feelings for the people here tonight, however, the papers from the Council from Boise and a lot of the people that I've talked to are quite concerned with the growth factor in the Boise Meridian area. We are in a growth form right now, there's a lot of people coming into both Boise and Meridian. The only way that City's can control growth is by their zonings, impact areas and moving as fast as they can. I personally feel that we need to make a decision tonight and that if we don't we're going to be delaying even more for everybody else. In looking at the Findings of Facts from the Planning and Zoning and what I'm hearing tonight is that the primary reason that they don't want the people that's here tonight, want to be in Boise is the fact that you want to have your properties being able to develop them now. I think it's to fast, I think that we can move perhaps a little more rapidly in our water and sewer but I would move tonight that we accept and adopt the Findings of Facts. The Motion was made by Corrie and seconded by Yerrington to adopt the Findings of Fact and Conclusions of Law as prepared for Planning and Zoning and go along with the impact area that we have set forth in the conclusions. Roll Call Vote: Yerrington — Yea; Giesler — Yea; Corrie — Yea; Tolsma — Yea; Motion Carried: All Yea: The Motion was made by Yerrington and seconded by Giesler to instruct attorney to prepare an Ordinance to reflect those Findings. Motion Carried: All Yea: ITEM #2: PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING W/PRELIMINARY PLAT ON RUNNING BROOK ESTATES: Kingsford: I will open the public hearing. At this time I will invite the owner or a representative to come forward and testify. • MERIDIAN CITY COUNCIL FEB. 16, 1993 PAGE 7 Richard Jewell, 1082 Arlington, Eagle, was sworn by the attorney. Jewell: Running Brooks Estates is a single family residential development. The lots are on the average about nine to ten thousand square foot. The subdivision has been redesigned to eliminate traffic through the Country Terrace Subdivision and provides access from Meridian Greens to Meridian Road. Most of the concerns of local residents have been addressed and solved. Kingsford: At the request of some of the property owners out there, I did go out this afternoon and walk out on that ground. To say it's soft is an understatement. How do you plan to deal with the issue of ground water? Jewell: The ground water that is out there is due to the embankment that was built up along the creek. There was also a drainage at one time that went from Country Terrace Subdivision over to the creek then drained through there, however over the years it has not been maintained and has been blocked. That is the reason for the wet area down there. The majority of the wet area is down by the well area and a good share of that is off of our property. Kingsford: My concern is specifically with the dampness, not the designation of wet -lands. Jewell: We are aware of the problem and we are going to make every effort to get some drainage done. Until we run further tests up there we're not sure exactly where the ground water will end up with the final grades but we will make every effort to avoid that. Kingsford: Thank you. Anyone else from the public that would like to offer testimony? Sid Harmon, 1635 Country Terrace Way, was sworn by the attorney. Harmon: We attended the Planning & Zoning Meeting and the discussion concerning the well house was not real clear as to what was finally resolved in that aspect. We would like to know what the final decision is concerning dedicated access to that site and whether that site will be fenced and to where the dedicated access itself will be fenced. There is some confusion on this. What we would like to see is a dedicated access to this fence and the well lot itself be fenced with a locked gate some place in that area to preclude access to the well lot itself. 0 MERIDIAN CITY COUNCIL FEB. 16, 1993 PAGE 8 On the ground water issue, we appreciate your visit today and I have some concerns to bring out about where that water came from. I am here representing the residents of Country Terrace Subdivision as the president of the Country Terrace Water Association. I am here to protect the Country Terrace Subdivision residents from the water table issue. Explained similar problem to Council (see tape - document read from on file in City Clerk's Office). Submitted to City Clerk a Field Percolation Test Report to the Idaho Land Developers performed in October 1974. These test pits were dug as shown on the map attached. (Further explanation given on ground water issue - documents given to City Clerk to keep on file with these minutes) Crookston: The purpose of bringing this to the City Council is that to prevent any possible actions or repercussions against property owners in Country Terrace from eventual owners in Running Brook? Harmon: Yes. Kingsford: Thank you. John Gaige, 1675 Country Terrace Way, was sworn by the attorney. Gaige: Even though there are some people in the subdivision that are dead set against this proposed subdivision, my personal feeling now is that as long as that traffic goes elsewhere, I don't care whether they build it or they don't build it. Gave example of similar ground water problem (see tape). Would like record of minutes tonight so that when this water problem arises and these people come to yell at us, we can say here's the data, it was presented to the City and by presenting it to the City the developer was made aware of this. Kingsford: Thank you. Anyone else? Dave Spangenberg, 3355 W. Tasa Drive, was sworn by the attorney. Spangenberg: I'm here non -bias on this issue and I just happen to have to work in that area once or twice a month and I know that it is very wet down there. So say that's it's damp is an understatement. Sometimes it goes for a long distance to the south and it's very wet to the north and to the east. I don't know exactly how far but many times I have to walk a long ways around that to get to that pump house over there. 0 MERIDIAN CITY COUNCIL FEB. 16, 1993 PAGE 9 Kingsford: For the record, you read the meter on that well house there? Spangenberg: I work for the Power Company, yes. Kingsford: Anyone else from the public who would like to offer testimony? Addy Huston, 1771 Country Terrace, was sworn by the attorney. Huston: My attorney couldn't be here tonight so I'd like to convey this information and it's not about water. I feel I have a right to 30 feet of property adjoining the Running Brook Estates and I've spent a lot of time in making improvements. I've hauled in 400 yards of top soil, I've landscaped it, put in a water system and power and over $1,000.00 worth of trees and shrubs that have been there for going on six years now. We're not trying to be unreasonable or anything, but we would like to have you defer any decisions you make tonight until my attorney and the land owners can get together and see if they can resolve this. I think Mr. Tolsma is aware and we've discussed the water table. I would like the consideration of deferring any decisions tonight. Crookston: Are you saying that part of the property that Running Brook is proposing to develop and have the City annex is in fact your property? Huston: There is a dispute over where the boundary line is and what has been done over the last six years concerning the improvements on it. Crookston: Your talking about 30 feet? Huston: Yes. Crookston: Where is this? Huston: It's Country Terrace Subdivision Lot 5, close to the lot 15 of the new subdivision. Crookston: Do you know the Block number in Country Terrace? Huston: One. Kingsford: Thank you. Anyone else? No response. I will close the public hearing. Ll MERIDIAN CITY COUNCIL FEB. 16, 1993 PAGE 10 • The Motion was made by Giesler and seconded by Corrie to have the attorney prepare Findings of Fact and Conclusions of Law pursuant to the new testimony at this hearing. Motion Carried: All Yea: ITEM #3: FINDINGS OF FACT AND CONCLUSIONS ON VARIANCE REQUEST BY GLENCO, I NC. : The Motion was made by Tolsma and seconded by Yerrington that the City Council of the City of Meridian does hereby approve these Findings of Fact and Conclusions. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Corrie - Yea; Tolsma - Yea; Motion Carried: All Yea: The Motion was made by Giesler and seconded by Tolsma that it is decided the Application shall be denied as to the variance from the cul-de-sac requirement on Jamaica Drive and that the variance of the Street Light Ordinance shall be granted but the Applicant shall be required to place street lights at all street intersections, including intersections of through streets and cul-de-sac street, and at the terminus of cul-de-sacs, and yard lights which meet the Ordinance are required. Motion Carried: All Yea: ITEM #4: FINAL PLAT: HUNTS BLUFF SUBDIVISION, FORMERLY FARWEST SUBDIVISION: Corrie: I have one comment, the Fire Department is requesting that we have a turn around on East (in -audible) until the other subdivision is put in. Is that possible? Developer: Yes we can. Clerk Niemann: I have one comment and I don't know if you want it on the plat or in the covenants but they agreed to some square footage and also some houses with a special roof type. The Motion was made by Yerrington and seconded by Corrie to approve the final plat for Hunts Bluff Subdivision conditioned upon the plat reflecting the stipulations of the previous meeting. Motion Carried: All Yea: • MERIDIAN CITY COUNCIL FEB. 16, 1993 PAGE 11 ITEM #5: FINAL PLAT ON EASTBROOK VILLAGE SUBDIVISION: The Motion was made by Corrie and seconded by Giesler to approve the final plat on Eastbrook Village Subdivision: Motion Carried: All Yea: ITEM #6: BID ON DOWNTOWN PROJECT PHASE II: Wayne Forrey: Last Friday, the 12th of February there was a bid opening at 2:00 P.M. here at City Hall to look at the construction bids on Phase II downtown. Presented summary to Council of Bids. I would recommend that we award the bid to Conco Construction subject to them meeting all the State and Federal Requirements and giving the Contractor the opportunity to proceed to construction or formerly withdraw. In that's the case then we would ask for a forfeiture of the 10% bid bond, put that back into the budget then proceed to the next lowest bidder which would be Barton Construction. Crookston: How are we going to come up with the difference between the $136 - the forfeiture of the bond is $11,144.00 that doesn't - - Forrey: We have two other options to address that. This is the least amount of LID, we have a chance of increasing that. The second option is we've got the land acquisition budget, we've got a small budget for construction of a parking lot and we've the demolition budget, so we've got three other budgets we can shift funds out of and into the construction fund. Kingsford: It would be my recommendation that we go ahead and award the bid to Conco Construction and proceed in those recommendations one, two and three in those steps. The Motion was made by Corrie and seconded by Tolsma to award the bid to Conco Construction subject to meeting all the requirements, if Conco Construction fails to sign the required contract documents, secure forfeiture of the 10% bid bond and transfer that to the project and proceed to the next low bidder which is Barton Construction. Motion Carried: All Yea: MERIDIAN CITY COUNCIL FEB. 16, 1993 PAGE 12 ITEM #7: DEPARTMENT REPORTS: • Tolsma: I believe we have a problem with the creamery building again. It's looking like a salvage yard again. The Motion was made by Giesler and seconded by Corrie to instruct the attorney to proceed on this matter. Motion Carried: All Yea: Tolsma: Gave brief update on cement plant problem. Kingsford: Thank you. We also need to get some type of screening up for that zone. The Motion was made by Giesler and seconded by Yerrington to have an Executive Session concerning personnel at 9:15 P.M.. Motion Carried: All Yea: The Council met in Executive Session to consider personnel and our personnel policy matters. The Meeting was called back to order by Mayor Kingsford at 9:39 P.M.. The Motion was made by Yerrington and seconded by Giesler to adjourn the meeting at 9:40 P.M. Motion Carried: All yea: (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: �-- --WMA ATTEST: A • • P E T I T I O N We, the undersigned residents and/or landowners in the area described below do hereby petition and request that the Mayor and City Council of Meridian, Idaho withdraw their opposition to the inclusion of our area in the Boise city are of impact as previously announced and approved by the Ada County Board of Commissioners pursuant to law and good reason. We desire the extension of sanitary sewer lines from the nearby West Boise Sewer Plant at the earliest possible time as Boise City has agreed to do and request that Meridian City immediately withdraw their opposition and lawsuit challenging that decision that construction may begin. The area concerned is described as: Bounded on the North by Bounded on the East by a Cloverdale Road, Bounded on the South by McMillan Road, Bounded on the West by a Road. Chinden Blvd, line 1/4 mile West of and parallel to a line 1/4 mile South of and parallel to line 1/4 mile West of and parallel to Eagle Address 83Va3 ` -O00 E /I% ///r IIA -1) f?DERr�iAtiJ �3Lya" 3-0d of 4� 7� -- fill" Ylet'i /fuc 0 ox A -e Signature 47 Address /,? �6/?/Oifl // Wm/Vj-.. R, MR 9 'for. fzt-- J. 379s 4 - Ge-rA,&rN /3Lv ��r &ZZ) 4 e � %a tLk o •. O'k-k � � a . 83 � 4Z- qo Ace L- - 37466 /V , g36 cea 2,1612Z&� 4 Signature Address Z�- • P E T I T I O N We, the undersigned residents and/or landowners in the area described below do hereby petition and request that the Mayor and City Council of Meridian, Idaho withdraw their opposition to the inclusion of our area in the Boise city are of impact as previously announced and approved by the Ada County Board of Commissioners pursuant to law and good reason. We desire the extension of sanitary sewer lines from the nearby West Boise Sewer Plant at the earliest possible time as Boise City has agreed to do and request that Meridian City immediately withdraw their opposition and lawsuit challenging that decision that construction may begin. The area concerned is described as; Bounded on the North by Chinden Blvd, Bounded on the East by a line 1/4 mile West of and parallel to Cloverdale Road, Bounded on the South by a line 1/4 mile South of and parallel to McMillan Road, Bounded on the West by a line 1/4 mile West of and parallel to Eagle Road. Signature ,. r Address 5 by �•'<V f-' r17 i`./0.v &E&Z14/i Mn/ 35dPC>,e M < M C(,Gt4N RD NC -PX OXOP ev,V 2, 2 5 Z- z Ir 0; 1 A, --; OFFICIALS JACK NIEMANN, City Clerk JANICE GASS. Treasurer BRUCE D. STUART, Water works SupL . W AYN E G. CROOKSTON,* JR., Attorney EARL WARD, Waste Water Supt. KENNY BOWERS, Fire Chief BILL GORDON. Police Chief GARY SMITH, City Engineer • HUB OF TREASURE VALLEY CIT Y January 2, 1991 A Good Place to Live COUNCILMEN It MA OF MERIDIAN RJJ..NALD E.BERT MYERS ROBERT OIESLER 33 EAST IDAHO MAXYERRINOTON MERIDIAN, IDAHO 83642 Chairman zoning a Planning Phone 88$-4433 •J1M JOHNSON GRANT P. KINGSFORD DLAN jj M Mayor B V ! .t 3 1991 ADA County Board o1 Commtssloner : i Mr. Vern Bisterfelt Honorable Chairman Ada County Commissioner 650 Main Street Boise, Idaho 83702 RE: Meridian Impact Area Road By: WU D:.13 L'r-m. Dist. No. I Comm. Dist No. � ` 9 CorrJrL Dist. No. 3 9 / The City of Meridian recently amended the Impact Area and changed the boundary in the North East area to be 1/4 West of Cloverdale Road and 1/4 South of McMillan Road. After the City had held the Public Hearings and amended our Ordinance and the County was in the process of approving this change several property owners in the area voiced concerns over being included in the Meridian Impact Area. It is the consensus of this Mayor and Council of the City of Meridian that if in the future those property owners desire to petition the City of Meridian to have the Impact Area Boundary changed in this vicinity there would be no objections. However, this change would be at the property owners expense. Sincerely, i a n it'y C1 rk pc: Mayor & Council Mr. Vern Bisterfelt Honorable Chairman Ada County Commissioner 650 Main Street Boise, Idaho 83702 RE: Meridian Impact Area Road By: WU D:.13 L'r-m. Dist. No. I Comm. Dist No. � ` 9 CorrJrL Dist. No. 3 9 / The City of Meridian recently amended the Impact Area and changed the boundary in the North East area to be 1/4 West of Cloverdale Road and 1/4 South of McMillan Road. After the City had held the Public Hearings and amended our Ordinance and the County was in the process of approving this change several property owners in the area voiced concerns over being included in the Meridian Impact Area. It is the consensus of this Mayor and Council of the City of Meridian that if in the future those property owners desire to petition the City of Meridian to have the Impact Area Boundary changed in this vicinity there would be no objections. However, this change would be at the property owners expense. Sincerely, i a n it'y C1 rk pc: Mayor & Council February 16, 1993 Meridian City Council 33 E. Idaho Ave. Meridian Idaho 83643 0 LAND DYNAMICS PLANNING & HEAL ESTATE CONSULTING 499 Main Street Boise, Idaho 83702 (208) 336-8299 RE: COMPREHENSIVE PLAN AMENDMENT, 1/4 MILE SOUTH OF MC MILLAN TO 1/4 MILE SOUTH OF USTICK. Dear Council Members; I represent the property owners indicated on the map attached as EXHIBIT 1. Their combined ownership of land involves approximately 380 acres within the boundaries of the proposed amendment. After extensive study of the facts regarding orderly development of this area, they have concluded that the subject properties can best be served by the City of Boise. Thus, they respectively request that the area 1/4 mile south of Ustick Road to 1/4 mile south of Mc Millan Road to 1/4 mile west of Eagle Road not be included within the Meridian Urban Service Planning Area. We wish to make it clear that we support the orderly development of Meridian and do not wish to prevent Meridian from establishing itself as a vibrant full service city. But we believe this decision must be based on solid planning principles regarding services, location, and timing. The facts in this matter are clear that services from Boise can best service this area, and the timing is appropriate. HISTORY 1. In 1990 Ada County held hearings regarding the expansion of the Area of Impact requested by the City of Meridian. We testified at those hearings and indicated that it was our preliminary conclusion that the subject area could best be serviced by Boise. This was based on meetings held with both Boise City and Meridian staffs. The findings of those meetings are attached as EXHIBIT 2. It was determined that Boise could provide the most full range of services in the shortest time frame. 2. The County Commissioners held public hearings on this matter in late 1990. Again testimony was submitted indicating a desire to not be included in the Meridian Area of Impact. To help facilitate the adoption of the Area of Impact we agreed to be included in Meridian's Area of Impact only under the condition that we could be removed if it was determined the area could best be served by Boise. Both the Meridian City Council and the County Commissioners agreed to that 1 FEARLESS FARRI S 20 ACRES 0 cn 0 0 n D r m 0 Z o m ru 0 0 0 w 0 0 0 W Cil o ST 10 AG, Eagle Road h Co ay IL o: c� CIO� ...... �� ..... .. co o nn ao � tm 3 o Q F PD08 OIDP.AOAOIO EXHIBIT 1 W D ---1 0 r*� D D r- 1 J x0m m -9D (n C7 r ---I D rrl Z p condition. Attached as EXHIBIT 3 are the letters from both Meridian and Ada County. 3. On March 5, 1992 the property owners submitted a letter to the Board of Ada County Commissioners requesting that the subject area be removed from the Meridian Area of Impact. That letter is attached as EXHIBIT 4. The letter was also sent to the City of Meridian. 4. A letter dated December 8, 1992 was submitted to the Meridian Planning and Zoning Commission requesting a delay in recommending the inclusion of the subject area into the Meridian Urban Service Planning Area until such time as an update on the service issues could be undertaken by the property owners. That letter is attached as EXHIBIT 5. 5. A meeting was held with Gary Smith of the City of Meridian and John Tensed of Boise City to determine if issues had changed regarding the provision of services to the subject area. Minutes of those meetings are attached as EXHIBIT 6. The conclusion reached regarding those meetings strengthened the fact that Boise could best service this area with a full range of urban services in the shortest period of time. Boise has now purchased a new fire station site and a large community park that will service this area. 6. A letter dated December 21, 1992 was transmitted to the Meridian Planning and Zoning Commission requesting the subject area be removed from Meridian Area of Impact. This letter is attached as EXHIBIT 7. The letter reenforces the fact that Boise can provide the full range of urban services to this area in a very short period of time. 2 r • 0 FINDINGS OF FACT FOR REMOVAL This decision must be based on facts regarding the provision of urban services and other requirements of the Local Planning Act. The main issue in this matter is to define the edge between the expanding areas of Boise and Meridian. The following findings of facts and conclusions represent the justification why this area should be removed from the Meridian Area of Impact. 1. MERIDIAN HAS AGREED TO PERMIT THIS AREA'S REMOVAL FROM THEIR AREA OF IMPACT: The City of Meridian agreed, as indicated in the letter dated January 23, 1991 (EXHIBIT 3) to consider removal of this area from the Meridian Area of Impact. On March 5, 1992 a petition was transmitted to Ada County and the City of Meridian requesting this area to be removed from the Meridian Impact Area. (EXHIBIT 4) The subject property owners respectively request the Meridian City Council modify the proposed comprehensive plan amendment to reflect this commitment. 2. THE RECOMMENDATION PREPARED BY THE MERIDIAN PLANNING AND ZONING COMMISSION IS NOT IN CONFORMANCE WITH THE FINDINGS REQUIRED IN SECTION 67-6508 OF THE IDAHO CODE: In amending the Comprehensive Plan the Commission must review and update the specific components listed in sections (a through I). This has not been accomplished. Of specific concern are: (a.) POPULATION: No population studies have been undertaken. (C.) LAND USE: No map has been prepared to update the Meridian Policy Diagram to indicate what review area the subject site is in and what policies will apply to development of the area. Without this there is no guidance regarding development opportunities and phasing of services. (f.) PUBLIC SERVICES, FACILITIES, AND UTILITIES: The only study that has been undertaken relates to the provision for central sewers. This is but one K urban service that must be considered. The other services include water, police protection, fire protection, schools, and public safety facilities. No plan or commitment has been made for these facilities. (h.) RECREATION: No analysis has been prepared on 1 recreation facilities will be acquired and integrated into this area. (i.) IMPLEMENTATION: No analysis has been undertaken determine the scheduling of public expenditures to provide for timely execution of the plan and services. The only analysis that been completed is for central sewer. The conclusion of that sti indicates providing central sewer to this area could take 10 to 20 ye or longer, for the North Slough intercepter to reach the subject aj 3. THE INCLUSION OF THESE LANDS WITHIN THE MERIDIAN URBAN SERVICE PLANNING AREA DOES NOT CONFORM TO THE FINDINGS REQUIRED IN SECTION 67-6526 IDAHO CODE: The 3 factors that must be considered are; trade area, geographic factors, an areas that are reasonably expected to be annexed by the city in the future. (1.) TRADE AREA: The subject site's trade area is directly related development contained within and adjacent to the City of Boise. T: includes employment at the Boise Research Center and Hewl( Packard, the schools located adjacent to the site, and commerc developments contained within Boise West Bench. (2.) GEOGRAPHIC FACTORS: The subject site is adjacent to th4 city limits of Boise and all services can be provided by Boise. Tho property is within one mile of all levels of primary education, withii two miles of major employment, within one mile of parks, sewer water, police, and fire protection. None of Meridian services an within one mile of the site. (3.) REASONABLY ANNEXABLE: In light of the fact that Bois( Services are adjacent and available to the site and Meridians are not, ii is not reasonable to expect annexation in the foreseeable future. Tc provide sewer, Meridian will have to extend the North Slougf, Intercepter 5 miles to reach the area. There is enough land between th( 4 • subject area and the treatment plant, served by the North Slough, support a population of nearly 30,000 people. It is estimated that t could take between 15 and 20 years to accomplish. This also does i take into account the lack of the availability of the other url services. Taking into consideration the geographic location of this W it is not reasonable to consider it annexable by Meridian. It wo become an island of agriculture in a sea of urbanization, yet all servi can be provided today by the City of Boise. 4. THE COMMISSION DID NOT MAKE A PROPER ANALYSIS O FINDINGS AS REQUIRED ON PAGE 58-59 OF THE MERIDIN COMPREHENSIVE PLAN. Section b of that section of the plan outlines findings that must be made approving the plan amendment. Of major concern are the following issues: 4. PUBLIC NEED OR BENEFIT: It is not in the public's benefit to locat, the subject lands in the Meridian Urban Service Planning Area. This wil deny the opportunity to permit development from occurring where not onl; all urban services are available, but also adjacent to major employmen centers. Three elementary, a junior, and senior high are within one mile o the site. It is important to allow development that is adjacent to thes facilities. Parks, police, and fire protection are planned or currently availabl in this area. Central sewer and water is available. Inclusion in Meridian' Urban Service Planning Area will delay development that is warranted ani needed today. 5. DOCUMENTATION THAT NO OTHER SOLUTIONS EXI Documentation has been submitted that other solutions do exist to permit orderly development in this area. That documentation strongly indicates area should be included in the Boise Urban Service Planning Area. 6. DEVELOPMENT INTENTIONS FOR LAND INVOLVED: development intentions in the subject area have been presented to Commission. The intention is to permit residential development to oc adjacent to existing development and where all forms of urban services currently available. 5 7. DOES THE PROPOSAL HELP OR HURT PROPERTY OWNERS Documentation has been submitted to the city indicating that the propose( inclusion into the Meridian Urban Service Planning Area will hurt existin3 property owners. The current owners have farmed these sites for decades They are now faced with rapid urbanization around them that impacts their farming operations. This includes impacts from domestic animals, tresspass vandalism to equipment, and impacts on water supplies. Inclusion int( Meridian's Urban Service Planning Area will delay the opportunity to develol their land for many years, yet they will have to accept the impacts to thei livelihoods. Inclusion into Boise's Urban Service Planning Area will permi them the opportunity to realize the highest and best use of their propert; while filling a public demand for housing adjacent to services, education, ani employment. 5. MERIDIAN DEVELOPMENT ORDINANCES REQUIREMENTS DELAY THE ORDERLY DEVELOPMENT OF THE AREA. 1. ANNEXATION AS A CONDITION OF SERVICES: Current policy requires annexation of land as a condition of services. The site car be legally annexed to Meridian because the area is not contiguous to Merid The Meridian Plan supports growth from the city center out in a contigs; fashion. Without services and the lack of being contiguous can pre, orderly development of the area. If Meridian deems this area is a low prio growth area, then annexation may not occur even if it is contiguous to city limits. Without urban services Meridian has no reason to annex the I 2. THE AREA OF IMPACT AGREEMENT WILL PREVET DEVELOPMENT OF THIS AREA: The current Area of Impact agreem( will only permit 5 acre lot densities to be developed. It further requires t] dry line sewers and water be developed with the five acre lots. This cane be economically accomplished. Thus, the impact is to prevent any form development, even though all services can be made available to the area. E-% if this requirement is waived, development into 5 acre lots would not m the public need for urban development adjacent to educational a employment centers, and where urban services are available. 2 • C� FACTS REGARDING BOISE SERVING THE AREA Attached as MAP 1 is a map that graphically represents the rational for inclusion this site into the Boise Urban Service Planning Area. These facts are not just bas on the availability of services, but the geographic reality of the area. 1. THE SITE CAN BE SERVICED BY SEWER IN THE SHORT TERM. Boise has indicated that their treatment plant can accommodate the incre; flow from this area. They also indicate that sewer lines can be brought it this area in the very near future. Central sewer is located within 1/4 mile the subject area. 2. CENTRAL WATER CAN BE MADE AVAILABLE. Boise Water Corporation has indicated the area can be serviced with cer water. A water main is located in McMillan Road, 1/4 mile north of subject area. 3. URBAN FIRE PROTECTION CAN BE MADE AVAILABLE. Boise has purchased a fire station site at the corner of Mc Millan Cloverdale Roads. This places the subject site within the 1.5 mile radius urban standard fire protection. 4. URBAN STANDARD PARKS CAN BE MADE AVAILABLE. Boise has purchased a community park within 1/4 mile of the subject area Eagle and Mc Millan Roads. The city is currently preparing a Comprehensi Park and Recreation Plan that will assure additional park sites are availab 5. URBAN STANDARD POLICE PROTECTION CAN BE AVAILABLE. The Boise City Limits are within 1/2 mile of the subject site. will assure that urban police protection is provided. 7 C 0 6. ALL LEVELS OF EDUCATION ARE AVAILABLE TO THIS AREA. Three elementary, one junior, and a senior high school are located within mile of the subject area. It is important to provide urban developn adjacent to educational facilities. This allows for the concept of neighborh schools where children can walk to school instead of driving or being bu 7. THE AREA IS WITHIN 2 MILES OF ONE OF ADA CO LARGEST EMPLOYMENT BASES. Both the Boise Research Center and Hewlett-Packard are within 2 miles the subject area. Development of this area will provide for housing n employment which reduces automobile trip lengths and helps encourage bi pedestrian, and other forms of alternate transportation to employment cent( 8. THE AREA IS CURRENTLY LEGALLY ANNEXABLE TO BOISE The subject area can be annexed into Boise at any time. With the purchase of fire station site Boise can now continue with the orderly annexation of the a This will assure that the proper services are available. Based on these facts we hope that Meridian will take into consideration the im this will have on the property owners and permit them to realize their dreams aspirations that they have waited so long to achieve Si rley; • S KORTE 8 0 0 LOCUST GROVE EAGLE CLOVER15ALE FIVE MILE m 0 C--- .... ....... ....... ..... ..... ..... ...................... ...................................... EAGLE CLOVER15ALE FIVE MILE m WA AXE W*% 11 C--- .... ....... ....... ..... ..... ..... WA AXE W*% 11 • EXHIBIT 2 ORIGINAL ANALYSIS i, • • cu 0 L a V ZR - CL / W ca I it / � ' �wwurooT 1 ,1 ti LU o j QyNy cwmvom00 :7 • ANALYSIS OF INCLUDING LANDS IN MERIDIAN AREA OF IMPACT The following is a brief analysis of the effect on lands if they are to be located in the Meridian Area of Impact. The area studied under this analysis are locate 1/4 mile south of Mc Millan, 1/4 west of Cloverdale , 1/4 mile south of Ustick, and a 1/4 mile west of Eagle Road. The information is very preliminary and must be based on the short period of time available to study the facts and conditions. EXISTING STATUS: These lands are currently in the Meridian Referral Area. This means the City of Meridian is notified of any applications that are pending in this area but the Ada County Comprehensive plan applies. Generally the Zoning classification for vacant lands is RR, Rural Residential. The following standards apply: A. Minimum lot size 10 acres. B. Density may be increased to 1 unit per 5 acres by a PUD. C. Minimum lot size under a PUD is 1 acre but a density of 1 unit per five acres. D. Urban density development is prohibited because the property is not included in any Urban Service Planning Area. STATUS IF IN THE MERIDIAN AREA OF IMPACT: This analysis is based on the current request before the county. The area would be included in Meridians Area of Impact but NOT in Meridians Urban Service Planning Area. Generally the Zoning classification for vacant lands would be RT Rural Transition. The following standards would apply: A. Minimum lot size of 5 acres. B. No provision is available for 1 acre lots at 5 acre densities is available as there is in the RR Zone. C. The Meridian Comprehensive Plan will apply to all lands in The Area of Impact. The following are the components of the Meridian Plan that apply. A. Maximum density is 1 unit per 5 acres. B. My interpretation is that no rezone to urban densities would be permitted without a comprehensive plan amendment including these lands in the Meridian Urban Service Planning Area. C. The coupty RT zone would apply. D. The Meridian Plan calls for retaining these areas as agricultural land as long as possible until urban services can be provided. If the site was included in the Meridian Urban Service Planning Area it is my interpretation the following would apply: A. One unit per five acres could be developed if dry line sewers and water lines 0 • are included, and a plan for future resubdividing of the property is included. (Rural policy 3b.) Dry lines could be waived by Meridian Council. B. Densities higher than 1 unit per 5 acres can only be approved if "Physical connection is made to the existing City of Meridian water and sewer services." This policy does not seem to provide room for Boise to provide sewer or for a private water company to be formed. (Rural. Policy 3c.) This position seems to be reenforced by Rural Policy 4 of the Meridian Plan. C. Commercial and industrial development would discouraged in rural areas with central sewer and water. Rural policy 5. INCLUDED IN THE BOISE AREA OF IMPACT: Boise and Ada County have not formally agreed on what policies will apply in the Boise Area of Impact. It may be the 5 acre lot RT zone or it might be the 10 acre RR zone or even the 40 acre RP zone. Without knowing what it will be it is hard to determine what the short term impact would be. INCLUSION INTO THE BOISE URBAN SERVICE PLANNING AREA: This would require the submittal of a request to amend the Boise Metropolitan Plan to include this area in Boise's Urban Service Planning Area. (USPA) To accomplish this, studies would have be undertaken to determine how the sewer system can be placed to serve the subject area. This would also require the city to determine if the new fire station can be located to serve the area. One is being planned in this area to Serve HP and the Boise Research Center. It is a high priority with the city. Development is occurring in this area that will promote more residential development in the area in the near future. 7 DEVELOPMENT QUESTIONS FOR MERIDIAN AND BOISE IN THE EAGLETLOVERDALE AREA 1. Have any studies been undertaken to determine if central sewer can be made available to the area? 2. Are any studies contemplated? 3. Can this area be provided with central sewer? A. How? B. When could this occur? C. How do you see it financed? D. Would major lift stations be required? E. Any other issues? G. Does your treatment plant have capacity to service this area in the short term and long term? 5. What other public services does your Public Works Department cover or provide? 7. Do you provide water service to your city? 8. Can water be provided by private water companies or must it be provided only by the city? 9. If only by the city, how would this area be provided with water in the short and long term? 10. Do you provide Fir protection? 11. What are the fire protection standards for your city? 12. How close is the fire station from the site? 13. Are any new fire station proposed in this area in the short or long term? 15. How will police protection be provided to this area? 16. Can urban development be approved without it being annexed to the city? IE not contiguous at the time of request for Urban development. U BOISE CITY PUBLIC WORKS MEETING JOHN TENSEND DEC 17TH ANSWERS TO QUESTIONS 1. Have any studies been undertaken to determine if central sewer can be made available to the area? No studies have been done to determine if the area can be provided with Boise Sewer. 2. Are any studies contemplated? No studies are currently proposed to provide sewer to this area but the SW interceptor study could address some of this area. 3. Can this area be provided with central sewer? The area to Eagle road could be provided with central sewer under three options. A. How? 1. A lift station could be provided in the area of Eagle Road and Chinden. It would service the area as far south as it could be planned. (south slough, or north slough). The lift station would feed back to the Research Center or the SW interceptor. 2. This would be the same option as A except a pressure ciphon system would feed down the hill to the plant without a lift station. 3. If Meridian and Boise would agree, the SW interceptor could be located near Eagle road and serve an area south as far as both entities could agree. It would need to be 2 or 3 square miles to be cost affective. THis option is not viable due to previous agreements with Boise and Meridian. B. When could this occur? This could occur byy first placing the area in the USPA of Boise, a detail master plan would be developed, using one of the options discussed above for movement back to the treatment plant. C. How do you see it financed? This system would most likely be accomplished by developer financing the system unless the city determined some public funds could be used. D. Would major lift stations be required? Depends which concept is used if a lift station is needed. 4 G. Does your treatment plant have capacity to service this area in the short term and long term? The treatment plant currently has the capacity to handle waste generated from this area. The long term consequences are predicted on changes in federal or state law. 5. The other service provided by Boise is street lights. 7. Do you provide water service to your city? No, water would be provided by Boise Water Corporation. 8. Can water be provided by private water companies or must it be provided only by the city? Private water company or Boise Water. The area would have to be included in Boise Water's certificated area, or a new water company created. Boise Water could expand into the area. Currently they have lines in Cloverdale at Lewis and Clark Subdivision an 1/4 mile west of Cloverdale, on Ustick. More study would be needed to determine what would be needed to service this area. 9. If only by the city, how would this area be provided with water in the short and long term? 10. Do you provide Fire protection? Yes, Currently the area is outside of the 1.5 mile driving distance criteria used by Boise. Boise is planning on moving a fire station into the Mc Millan and Cloverdale area which would provide adequate service to this area. That is predicated on a new station in the Mc Millan Cloverdale area. 11. What are the fire protection standards for your city? 12. How close- is the. fire station from the site? See 10 above. 13. Are any new fire station proposed in this area in the short or long term? Yes, see 10 above. 15. How will police protection be provided to this area? Police protection will be provided as the area is annexed. Currently there does not seem to be any problem with Boise Police protection in this area. 5 16. Can urban development be approved without it being annexed to the city? IE not contiguous at the time of request for Urban development. Yes, If you are in the Boise Urban Service Planning Area development can be approved if it is not contiguous to the city limits. If it is contiguous you must request annexation as a condition of services. CONCLUSION: The situation with Boise seems to indicate that the area indeed can be serviced. The decision that Boise will service the area should be subject to studies for providing services. Most services can be made available. If the elected officials want to service the area than Public Works feels there are ways to consider serving it. Joint agreements with Meridian can also be worked out if that is what is wanted. They know that growth pressures will impact this area in the near future and land use decisions will impact how this area will be served. Growth in this area is such that development is inevitable. It should be fairly simple to extend sewer and water to the area if the decision was made that Boise would service the area. This still would require inclusion in the Boise Urban Service Planning Area. Until that is done the question of development is still up in the air. G DEVELOPMENT QUESTIONS FOR MERIDIAN IN THE EAGLE\CLOVERDALE AREA MEETING WITH GARY SMITH AND JACK NEIMAN 1. Have any studies been undertaken to determine if central sewer can be made available to the area? Very preliminary studies have been done to determine if central sewers could be provided to this area. The south slough would be used. The line would have to be placed deep enough to serve the area north of the south slough. Some areas near the north slough may have to feed back to Boise or a lift station would have to be built. No plans have been done to determine how this line would be built. 2. Are any studies contemplated? Yes, The City of Meridian has sent out requests for proposals to update their facilities management plan. It should be completed by September or October of 1991. This area will be addressed in detail in the plan update. 3. Can this area be provided with central sewer? A qualified yes, see below. A. How? No line is currently built in the south slough. The line would have to be extended 2.75+- miles to reach the southern portion of the subject area and then extended into the area we are concerned about. There is no provision to permit pumping to the line south of Fairview at Eagle due to commitments for the industrial park. Again, there may be physical problems in the area of the north slough. B. When could this occur? It would most likely occur as development takes place. Meridian could help finance the extension if the City Council felt it was a priority. Steve Hosack is currently trying to get property owners along the slough to help contribute to its construction but it is not formally decided as to whether it can be accomplished yet. C. How do you see it financed? The extension would most likely be funded by developers. The city could contribute if they felt it was in the city's best interest to do so. The extension of the line to the Hosack site would cost around $500,000 to 7 0 $600,000. Again a deal would have to be made with the city to see if they would help contribute. Hook up fees would be paid to people who hook on that would be reimbursed to the city or to who extended the line. (a late comer fee) D. Would major lift stations be required? They don't think so, except for the area near the northern portions. E. Any other issues? G. Does your treatment plant have capacity to service this area in the short term and long term? The current system has the capacity to handle the area. The existing sewer plant can handle 4 mgd and flows average 2 million. This doesn't mean that the plant may have to expanded to service all of the Urban Service Planning area in the future. 5. What other public services does your Public Works Department cover or provide? Water. 7. Do you provide water service to your city? Yes 8. Can water be provided by private water companies or must it be provided only by the city? There was no clear answer to this question as they have not had to face it before. The issue of if Boise Water Corporation was to service this area was discussed. A decision of this nature would have to be made by the City Council. Thus it is not known what would happen if Boise Water was proposed in the area. 9. If only by the city, how would this area be provided with water in the short and long term? The developer would have to build the system to city standards and then dedicate it to the city. It would then become part of the city system. A 10 inch line is at Eagle and Fairview. It is not known if adequate water is available in that line. - A study would have to be conducted to determine how best to provide water. 1.1 10. Do you provide Fire protection? Yes, Meridian has a volunteer fire department. A full time staff member will be hired to administer the department. 11. What are the fire protection standards for your city? The area is covered by the Meridian rural fire district. The city of Meridian requires hydrants on 450 foot centers and a minimum of 1,000 gpm for urban developments. 12. How close is the fire station from the site? There is only one station and it is located in Downtown Meridian. 13. Are any new fire stations proposed in this area in the short or long term? No. The city does have a site at the sewage treatment plant that could be used. No other station sites have been acquired. 15. How will police protection be provided to this area? From downtown Meridian, if in the City limits. 16. Can urban development be approved without it being annexed to the city? IE not contiguous at the time of request for Urban development. A qualified yes. The decision would have to made by Meridian. Most likely a double hook up fee for sewer and water would have to paid. CONCLUSION There are a lot of ifs in providing services to this area in the short term. The extension of the sewer line could be long term if development does not occur to extend it. The city has not made a commitment either way to encourage extensions into this area. (IE pay for part of the cost.) The issue of water is also subject to study as to how a system could be started in this area or if Boise Water could provide service to part of the area. Some major studies need to be done answer those questions. P] .ia -in WbhFI n Err �1 MVP ME- � � w ISVI 60 �....�....,. moo. :::gin=- s MERIDIAN IMPACT AREA EXPANSION AND REZONES LEGEND � i AREA OF IMPACT Cfl'Y LMITS ••••••.•...... REFERRAL AREA VR8AY SERVICE PLUMNG AREA PROPERTIES ZONEDm&AP-2.1. RR SHBE REZONED:�J TORT E!tUNSION AREA �J. ssj�: Ac -1 ATTACHMENT 2 I!� Meridian A.C. 1 Boundary and II� Rezone Map 0 • EXHIBIT 3 MERIDIAN AND ADA COUNTY LETTERS • X UB OF TREASURE VALLEY a OFFICIALS A Good Place to Live COUNCILMEN JACK NIEMANN, ily ssurarr« CITY OF MERIDIAN ItONALOA TOLSMA .tANICE OARS, Traasyrar J. E. 9ERt MYERS ONVCE O, 111UAR7, Water Works Shpt, ACBER7 MESUR VIATNE G. CROOKSTON, JR„ Altorney 33 EAST IDAHO MAX YEARINOTON EARL WARD, Wasta Wats, Pups. KENNY BOWERS, Fire Cnlet MERIDIAN, IDAHO 63642 CIlaltman tent" { haneine BiLLGOAOON, P611ee Chat Phone 888.4433 JIM OONNSON GARY SM17 N, City EnpinNr GRANT P. KINGSTORD Mayor 28 1991 January 23, 1991 @OiTdpDQpmo�Batoners Rend By: Mrs Vern B i s t R e f e 1 t Conn �� Honorable Chairman �Lrwtl:a.i'. Ada County Commissioner Cas•.p;:r<,t;a.3=�9f 650 Main Street Boise, Idaho 83702 RE: Meridian Impact Area The City of Meridian recently amended the impact Area and changed the boundary in the North East area to be 1/4 West of Cloverdale Road and i/4 South of McMillan Road. After the City had held the Public Hearings and mended our Ordinance and the County was in the process of approving this change several property owners in the area voiced concerns over being included in the Meridian Impact Area. It is the consensus of this Mayor and Council of the City of Meridian that if in the future those property owners desire to Petition the City of Meridian to have the Impact Area Boundary changed in this vicinity there would be no objections. However, this change would be at the property owners expense. Sincerely, 46anatP.1 Kin for Mayor pc: Council Members Filo -" RECEIVED 1991' �`:' COMMISSIONLRS orFICE 650Main Streit ��A COUNTY Boise, Idaho 8370 1 , 383.4417 Dave O'Leary Judy M. Peavey Vernon L. Bisterfeidt Commissioner, First District Commissioner, Second District Commissioner, Third District December 27. 1990 John P. Connolly CONNOLLY A SMYSER CHARTERED 134 South 5th Street Boise, Idaho 83702 RE: Meridian Area of City impact Agreement Dear John; Pursuant to our conversation after the Agreement was adopted, the Meridian City agreed and communicated that agreement landowners concerning whether the City of the more appropriate entity to service clients and those similarly situated. R Meridian Area of City Impact Mayor and its City Council have to us to negotiate with the Meridian or the City of Boise is the area of land held by your The Board of County Commissioners wishes to extend its assurances to you and your clients that when the landowners have determined what it is they want to do and the direction they want to go, the City of Meridian. the City of Boise, or the landowners themselves may bring the resolution of the problem to the County Commissioners and we will reopen the Meridian City Area of City Impact Ordinance for renegotiation and adjust the boundaries appropriately. We look forward to receiving the results of your discussions with the two cities involved in this area. Very truly yours, BOARQ A COUNTY CMIMISSIONERS By. Vernon L, P s r e a man By. ABSENT u m. Feaveys commissioner By avn4eary, omiri oner cc: Theodore E. Argyle, Chief Civil Deputy Ada County Development Services t ^1 1. RECEIVED AN - 2 19-01 EXHIBIT 4 REQUEST TO ADA COUNTY FOR REMOVAL FROM MERIDIAN SENT BY: 1st Cams 1 tnts. FRoq 1 Fr{10— ^-92 11: 10PH ; 2087*49-; ; # 2 March 5, 1992 Board of Ada Conmissioners 650 Main Street Boise Idaho 83702 REa MERIDIAN AREA OF IMPACT, USTICK TO MC MILLAN Dear Commissioners; In December of 1990 the Board of Ada County Commissioners adopted the Meridian Area of Impact agreement. That agreement included lands generally located 1/4 anile west of Eagle Road, 1/4 south of Me Millan Road, 1/4 anile west of Cloverdale Road, and 1/4 mile south of Ustick Road. (See attached location map) We are property owners within this area. During the hearings on the Area of Impact, we expressed concerns regarding who could best serve this area, Boise or Meridian. On December 271 1990 the County Commissioners sent us a letter (attached) that indicated the subject area may be renegotiated if the landowners had determined that Boise could beat serve the area. That position was further supported by a letter from Grant Kingsford, Mayor of Meridian. (Also attached) We have been following the deliberations regarding the Area of Impact north of our area. The current decision seems to be to include that area north of us into the Boise Area of Impact. This would make our area contiguous to Boise's Urban Service Planning area on two sides. (To the north and east.) We have also followed the decision by Meridian to establish a moratorium for new development within their city limits. we also understand, that for our property to develop under the Meridian Comprehensive Plan, that we must be contiguous to the Meridian City Limits and request annexation. This can not be accomplished in the short term or perhaps the long term if Meridian decides to develop close to their existing city limits first. We have been studying the best options for providing services to our area. Our preliminary indications were that Boise could best serve this site, both in the long and short term. This included urban sewer, parks, fire, and police protection. Central water also is available from Boise Water Corporation. Development is expanding at a rapid pace on lands to the east of us but development went of us will be slowed due to the lack of services and distances to them. We have also met with the Mayor of Meridian to see if these service issues had changed over the last year. we believe the service issues have not changed. sewer service is but one issue of concern to us. Boise can also provide, urban standard fire protection. Boise is planning a new fire station that could service this area. Boise can provide urban standard police protection. Boise also has an extensive parks system. Decisions have also been made to build all levels of school facilities within 1 mile of our area. It seems proper planning to permit land adjacent to these facilities to develop now instead of bussing students to the schools from other areas. Based on these reasons, we feel it is in our best interest to be included into the Boise Area of impact and Urban Servite Planning Area. Thus, we would respectively request that the subject area be included in the current deliberations with Boise and Meridian and that the process be started to remove the area from the Meridian impact Area and place it in the Boise Urban Service Planning Area. This will permit the proper planning of cower and water extensions, and other services into the area. We would like to inform all parties involved that the decision we have made is based strictly on the geographic location and economic realities of our properties. The majority of us have farmed these areas for many years. The short term opportunity for development is very important to us. It zooms clear to us that the move to the Boise Area will best serve not only our needs, but the needs of the expanding population around HP, the Boise Research Center and schools. Please advise us of the procedure that will be instituted. we stand available to answer any questions or provide further information. Sincerely; C NAME ADDRESS OF ACRES 3 9, f Iy4r�iin__�c -A"tiJ�:�� r � -C L C. -I 9 lS E r �sds' 0 NAME ADDRESS IL Er+. � <aw:C�e-rte s a - .s • 3 of� ALA #' OF ACRES cQ_ ec: Boise Mayor, Meridian Mayor — u• .-------- • —=_1 .7T•.111 TCMll 1111.1•—I.— n — . 1A I1.-- 0 o m •' • �' a a rnw�v I 11 • ,N ! `a� � anww► � V, r. 11 :1 �1 •: a wu 1; .f • On►wM — u• .-------- • —=_1 .7T•.111 TCMll 1111.1•—I.— n — . 1A I1.-- • EXHIBIT 5 LETTER TO MERIDIAN P&Z December 8, 1992. Meridian P&Z Commission 33 E. Idaho Av. Meridian Idaho 83643 -AND DYNAMICS LANNINO & REAL ESTATE CONSULTING 499 Main Street Boise, Idaho 83702 (208) 336-8299 RE: COMPREHENSIVE PLAN AMENDMENT, 1/4 MILE SOUTH OF MC MILLAN TO 1/4 MILE SOUTH OF USTICK Dear Commissioners; I represent the property owners indicated on the attached map. The properties are generally located 1/4 mile east of Cloverdale Road, south of Mc Millan Road, 1/4 mile south of Ustick Road and a 1/4 mile west of Eagle Road. The total acreage involved is approximately 450 acres. We are here this evening requesting that the Commission delay the decision on including the above described area into Meridian's Urban Service Planning Area until such time as we have had a chance to analyze the newly revised Meridian Sewer Plan. We contemplate a 2 week period to assess its impact. Previous studies have indicated that this area may be best served by Boise City. The reasons for this is summarized in the attached letter sent to County Commissioners on March 5, 1992. This study was based, in part, on the previous Meridian Sewer Plan. Other issues studied also included urban standard police, fire, and parks. If indeed the City of Meridian can service this area in the near term, we are willing to consider inclusion into your Urban Service Planning Area. If not, then our position stated in the March 5 letter to the County Commissioners will stand. We apposed the original request to be included in Meridian's Impact Area. We agreed for temporary inclusion if it was clear that this could be amended, if it was determined that Boise could best serve the area. This is documented by the attached letters from the County Commissioners (Dated December 27, 1990) and from Mayor Kingsford. (Dated January 23, 1991) Both letters indicate agreement to renegotiate this area. Once we have analyzed the information we will come before the Commission with our requested position. Your consideration of this matter is sincerely appreciated. Sincerely; CAOO,4 CHRIS KORTE i • EXHIBIT 6 UPDATED ANALYSIS OF SERVICES VL/ EETING WITH JOEN TENSEND • �-�` ✓/ BOISE CITY PUBLIC WORKS I SEWER SERVICE UPDATE USTICK AND CLOVERDALE ROAD AREA ' DECEMBER 16, 1992 A meeting with was held with Boise City Public Works to update information regarding the availability of central sewer from Boise City to service the area 1/4 mile west of Eagle Road, 1/4 mile south of Mc Millan Road, 1/4 mile west of Cloverdale Road, and 1/4 south of Ustick Road. Issues regarding other services was also discussed. CURRENT SEWER STATUS Boise has not undertaken a detail study of providing sewer to this area but have undertaken some preliminary reviews of how the area can best be serviced with gravity feed sewer. A more detail study may be undertaken in January of 1993. The subject area, and the area 1 mile to the north, can be served by gravity feed sewer. A line would be located in or near Eagle Road and flow north and then down the bench and back to the treatment plant. INTERIM SEWER SERVICE TO THE SUBJECT AREA: Interim sewer service can be provided to portion of the area by temporary lift stations, until such time as the line connects to the treatment plant. This could be addressed in the sewer study. Public Works indicated, that with the number of inquiries they have been receiving, that the Eagle Road connection to the treatment plant could be viable in the near future. Extension of this facility would most likely be developer financed. Other options would have to be approved by the Boise City Council. CONCLUSIONS REGARDING SEWER SERVICE FROM MERIDIAN 1. Central sewer can be made available to the area with a line down Eagle Road. 2. The timing of this line will most likely he determined by the development community. Growth pressure indicates that this line is feasible in the short term if a consortium of land owners work together to accomplish the construction. 3. A more detail sewer study will probably be undertaken in January of 1993. 1 CENTRAL WATER Central water is provided by Boise Water Corporation. They currently have a line in Mc Millan Road. Expansion of their facility will require an amendment to their certificated service area. No major physical impediments exist in extending central water into this area. Water can be provided under the standard rules and regulations established by Boise Water Corp. ANNEXATION AND GROWTH MANAGEMENT The city of Boise has used annexation and services as a growth management tool. Under the Area of City Impact Agreement, land contiguous to the city limits must request annexation to the city. If the city does not annex, or the property is not contiguous to the city, then Boise will permit development, but a condition of approval will include annexation in the future. The -existing Boise City limits are less than 1 mile from the subject site. Very rapid growth has occurred in this area. Growth should continue. This is due to the fact that major employment is located in the area and primary and secondary education facilities are established. CONCLUSIONS REGARDING ANNEXATION 1. Boise will e irveIIto uiwurequiring is annexation. They willpermit require anneuation!the property t contiguous to the city limits. POLICE AND FIRE The Boise City limits are close to the subject area. Police protection is provided by patrol with the police station being located 4 road miles from the area. Urban fire protection is provided by fire stations located in the west bench. The city is moving closer to acquiring a fire station within 1 mile of the subject area. This new station will provide service to maintain Boise's current high fire rating. CONCLUSION REGARDING POLICE AND FIRE 1. Boise can provide urban standard police protection. They currently patrol lands within the city and adjacent to the subject area. 2. Boise can provide the site with urban standard fire protection. This will require the ea. truction of a now fi;; This station will be needed iwh therin I the mile of the subject subject site is annexed or not. 2 i If. BRENT COLES B O I S E MAYOR C I T 1 O F T R F. C ti I February 16, 1993 i Chris Korte Land Dynamics 499 Main Street Boise ID 83702 RE: Sewer Service West of Cloverdale Road Dear Mr. Korte: This letter is in response to your meeting with our staff regarding the potential for sewer service west of Cloverdale Road. Your specific questions centered on the area from Chinden Boulevard to '/ mile south of Ustick Road, and to '/ mile west of Eagle Road. We have undertaken a preliminary sewer feasibility study of this area and have concluded, that from a technical perspective, we can reasonably provide central sewer served by our West Boise Treatment facility. Our West Boise Treatment facility currently has capacity to serve this area and as development continues in the future, additional incremental capacity has been planned for and can be added. Financing of sewer extension to this area would be negotiated between the Developers & the City. Based on the location of our existing lines and treatment plant, and current extension policies, sewer extensions in this area could likely be accommodated in a relatively short period of time (i.e. one to five years). To formally undertake preparation of a plan for sewers, this area must be included in our area of impact which as you know, takes into consideration other issues besides sewers. If a decision is made to include this additional area ('/ mile south of McMillan to '/ mile south of Ustick) in our area of impact, we will be undertaking a more detailed study of this area in the near future. We will keep you informed of that progress. If you have any further questions, please feel free to contact me or John Tensen. Sincerely yours, / Charles R. Mic lson, P.E. Boise City Engineer CRM//blt cc: Jim Thompson, Mayor's Office Amanda Horton, Boise City Legal Department John Tensen P.E., Assistant City Engineer CF/SF CSP 646 6W1?/ADM/K0RTE.CRM P.O. BOX 500 • BOISE, IDAHO 83701-0500 An Equal Opportunity Employer 4 Printed on recycled paper 4 PARRS AND RECREATION Boise has an extensive parks and recreation program. The city has recently purchased 40 acres of land at Eagle and Mc Millan Roads. They are also in the process of negotiating a 27 acre park site in conjunction with the YMCA. That facility is being proposed in the Boise Research Center which is 1/2 mile from the subject area. Currently negotiations are under way to establish another major park facility near the West Boise Treatment facility. Boise is also undertaking a comprehensive Park and Recreation plan for the entire city. This plan will help assure that adequate park and recreation facilities are available to the residents of Boise. CONCLUSIONS REGARDING PARRS AND RECREATION 1. Boise City has committed significant financial resources to acquire park land in the area. 2. The subject area would be easily served by those facilities. � MEETING WITH GARY SMITH G MERIDIAN SERER PLAN UPDATE A DECEMBER 14v 1992 iz A meeting was held with the effected property owners in the section of land 1/4 mile south of Mc Millan, 1/4 mile west of Cloverdale, 1/4 west of Eagle and 1/4 south of Ustick Road. The purpose of this meeting was to ascertain how the area can be served by central sewer and water from Meridian, in the short and long term. Other issues regarding Meridian"s comprehensive plan and development procedure were also discussed. The development procedure is administered by the Meridian City Council and would be subject to their interpretation and policy. Comments regrading that procedure can only be verified by submitting formal requests to the Meridian City Council. CURRENT SEWER STATUS SOUTH SLOUGH INTERCEPTER: This 18" line is currently located at Meridian Road. Meridian will be extending this line 1/2 mile east in the spring of 1993. This line could possibly provide gravity feed sewer to the area approximately 1/4 mile north of Ustick Road. There has been interest to extend the line to Locust Grove by the fall of 1993. This would place the line within 1 mile of the western corner of the subject area. The South Slough Intercepter is sized to service a specific geographic area. To increase the flow in this line would be subject to study to determine if the increased in flow would impact the area currently planned to be served. Capacity could not be taken away from the planned gravity flow area without concurrence from the Meridian City Council. NORTH SLOUGH INTERCEPTER: This line will start at the treatment plant and go north and east to service approximately 5 square miles of land. The majority of the subject area would be serviced by this line. To reach the subject site would require a 5 to 6 mile extension of the intercepter. This would be a very long range project as sewers are typically extended at the developers expense. The area served by the line could accommodate a population of 20,000 to 30,000 people. INTERIM SEWER SERVICE TO THE SUBJECT AREA: Interim sewer to the subject area would have to involve the following: 1. The South Slough Intercepter would have to be extended to the subject area. 1 2. A pumping station would have to be constructed to feed back to the South Slough. 3. The amount of effluent placed in the South Slough Intercepter would have to determined to assure that the line can handle both the anticipated gravity flow effluent and effluent generated from the subject area. (This should also take into account the lands located North of Mc Millan.) 4. The expense of this interim system would have to born by the development community, unless the Meridian City Council deems alternative financing is available. 5. The subject area would gravity feed once the North Slough Intercepter is built. Timing of this would be subject to growth pressures. CONCLUSIONS REGARDING SEWER SERVICE FROM MERIDIAN 1. It is our opinion that if gravity feed sewer is required, then it could take 15 to 20 years to extend the line as development takes place. (This time line is based on the assumption that growth will start near the treatment plant and work east at the developers expense.) 2. To provide interim sewer would require the construction of the South Slough Intercepter to the subject site and a temporary lift station to pump to the South Slough. This decision would require a detail analysis to determine the impacts on the capacity of the south Slough Intercepter. 3. Both options will require significant expense and time if they are extended at the expense of development. CENTRAL WATER Currently the closet Meridian central water system is located at Fairview and Eagle Road, approximately 1 mile from the subject area. To service this area with Meridian central water would most likely require: 1. The extension of a line on Eagle Road. 2. The construction of new wells to be integrated with the Meridian system. 3. The cost associated with the system would be born by the development community. E . '0 0 CONCLUSIONS REGARDING WATER • 1. Delivery of central water will require line extensions and the construction of wells. The cost and timing of those facilities is unknown at this time. ANNEXATION AND GROWTH MANAGEMENT Typically service extensions are used as a growth management tool. Services will dictate where that growth will occur. One tool used is the requirement that development must be annexed into the city as a condition of using city services. If it is determined that the annexation of certain areas is not in the short term interest of the city, it can be denied or delayed until such time as the city determines that they can adequately service an area. This decision typically involves more than just sewer service. It involves the issues of providing fire, police, and park and recreation facilities. If a site is not contiguous to the city, then it cannot be annexed. If it cannot be annexed, then development may be delayed until it can be annexed. Meridian has such a policy. Meridian would have to grant a waiver to their policy to permit urban development to occur on lands that are not legally annexable. The Meridian City Limits are currently located approximately 3/4 of a mile south at the intersection of Eagle and Fairview Avenue. To reach the subject area would most likely require cooperation with the land owners in between. If there is not cooperation, then the Meridian City Council would have to grant a waiver from their annexation policy to permit development to occur prior to annexation. CONCLUSION REGARDING ANNEXATION 1. To permit the development of the subject area to occur would most likely require a waiver from the annexation policy for city services. 2. This waiver would have to be granted by the Meridian City council. POLICE AND FIRE Police and fire would be provided by the existing facilities located in downtown Meridian. There has been no indication of the establishment of new fire stations to service the area. 3 PARRS AND RECREATION There has been no indication of expansion by the City of Meridian for parks and recreation facilities in the area. 4 EXHIBIT 7 REQUEST FOR REMOVAL TO MERIDIAN P&Z `V A` .� December 21, 19920 .0 C, Meridian Planning and Zoning Commission 33 E. Meridian Av. Meridian Idaho 83643 ' RE: THE EXPANSION OF THE AREA OF CITY IMPACT AND URB SERVICE PLANNING AREA. Dear Commissioners; We the undersigned are property owners in the area shown on the attached map. At your last meeting we requested that we have some time to review -the new Meridian Sewer Plan to see if changes have been made that would permit development of our area in the near future. Attached you will find our analysis regarding this issue. After again reviewing the facts, we still believe that our area can best be served by the City of Boise. This decision is base strictly on who we feel can best service the area with a complete range of urban services in the least amount of time. Based on this, we would respectively request that the area designated on the attached map be considered for removal from the Meridian Area of Impact and Urban Service Planning Area. We realize that you may not agree with our request, but we hope that you will look at this issue objectively and from a property owners point of view. Most of us have held this land for generations and would like to have the opportunity sell our land. With all of the development occurring around us, farming is becoming extremely difficult. We believe it is now time to move forward and Boise is the best way for us to proceed. Thank you for your consideration in this matter. Page 2 /� N n D r m z rrim FEARLESS FARRIS 20 ACRES 0 LP 0 0 0 0 0 o CD o 0 0 w 0 0 0 c N_ A M 0 0 a • Qy�sT Ul Q a U). C') 'y Eagle Road CA CAy aQ N co�t o� pooa alopJOAOIO a� Ln 0 0 rn D o a =zz Nob >Ur o n o � 0 O a rl D rTj 0 n o V7 Z 0 o u� 0vz v 0 co�t o� a� 7 0 0 o a r. i December 8, 1992 Meridian P&Z Commission 33 E. Idaho Ave. Meridian Idaho 83642 -AND DYNAMICS LANNING & REAL ESTATE CONSULTING 499 Main Street Boise, Idaho 83702 (208) 336-8299 RE: AMENDMENTS TO THE MERIDIAN COMPREHENSIVE PLAN, NORTH OF MC MILLAN. Dear Commissioners; This letter is in opposition to including lands owned by States Investment into the Meridian Area of Impact. The subject site is approximately 80 acres in size and is located directly west of Centennial High School and south of the Boise Research Center. Attached as MAP A is a site plan showing the location of the property. We are apposed to the request for the following reasons. 1. BOTH ADA COUNTY AND BOISE CITY HAVE AGREED TO PLACE THE SITE IN THE BOISE URBAN SERVICE PLANNING AREA: In May of 1990 we submitted a request to amend the Boise Urban Service Planning Area to include the subject site. EXHIBIT 1 is a copy of our report with the proper findings of fact and conclusions. A summary of those findings are: A. It could be served municipal sewer. B. It could be served by central water. C. It was contiguous to the city limits and urban development exists on two sides. D. Plans for expanded fire protection were under way. E. All levels of primary and secondary education were available within one mile of the site. f. It was contiguous to major employment centers. 2. THE CITY OF BOISE HAS APPROVED A PRELIMINARY PLAT FOR DEVELOPMENT OF THE SITE. After approval of the inclusion in the Boise Area of Impact and Urban Service Planning Area, the City of Boise approved a preliminary plat for urban development on the subject site. 41 0 3. IN RELIANCE ON THOSE APPROVALS, CENTRAL SEWER AND WATER WERE EXTENDED TO AND THROUGH THE SITE. To assist in the opening of the new elementary school, municipal sewer was extend through this site, and central water was extended down Mc Millan Road. Our client has expended approximately $ 300,000 in reliance on those approvals. THE IMPACT OF INCLUDING THE SUBJECT SITE INTO THE MERIDIAN IMPACT AREA WILL PREVENT URBAN DEVELOPMENT FROM OCCURRING ON THE SITE. The proposal before the Meridian Planning and Zoning Commission will prevent any form of urban development from occurring on the subject site. The proposal is to place the site in the Area of Impact but not within the Urban Service Planning Area of Meridian. The plan amendment indicates that Meridian central sewer cannot be made available to the property. The impact of this decision would be that urban density zoning cannot occur because the site is not included in the Urban Service Planning Area. This is enforced by the fact that your new sewer study indicates the subject site cannot be provided with Meridian sewer. Only RT, Rural Transition Zoning would apply. This would mean only 5 acre lots could be constructed on the property, even though central sewer and water are on the property. This could not change until the area was included in the Meridian Urban Service Planning Area. Based on this information we would respectively request that the subject 80 acres be removed from the proposed Meridian Area of City Impact. This will permit us to proceed with our project in a timely fashion. Thank you for your consideration in this matter. Sincerely; Co� /4W4�w CHRIS KORTE MOOR LAND USE I ti 1 HEWLETT PACKARD BOISE RESEARCH CENTER � r• _ ---- 1 ISI I �. + � JOPLIN ELEM 'Y � �ti �•-� Com' ���i it /• LOWELL SCOTT I CENTENNIAL Hid .R. HIGH i I ' Li I � i i I 1!e IaID.SAN I I � � '1 1 — i ' LAND DYNAMICS MAP 0A 0 0 SLND4ARY OF FINDINGS Pursuant to section 67-6509 (d) of the Idaho Code, and Section 11-6-2 of the Boise City Zoning Ordinance, we are requesting consideration to amend the Boise Metropolitan Plan to include 80 acres of land, west of Centennial High and north of McMillan Road, into the Boise Urban Service Planning Area. After review of the area, we conclude there has been a substantial change in the actual conditions in the area to justify approval of the request. SUBSTANTIAL CHANGE IN THE AREA: Substantial change has occurred in the area surrounding the request that justifies consideration for inclusion of the site in the Urban Service Planning Area. The city has amended the plan to permit the construction of a major employment center to the north of the site. Hewlett Packard is also located within 1/2 mile of the subject site, which is one of Boise's major employers. Centennial High School has been approved and constructed contiguous to the eastern boundary of the site. Single family subdivisions have been approved contiguous to the northeast property line of the subject site. Major utilities have been extended and upgraded in conjunction with these developments and in anticipation of further development in the area. The subject site can be serviced by existing facilities without causing any major expansions of utilities or public services. IlVIPACTS: The request does not cause adverse impacts in the vicinity or to the Boise metropolitan area in general. 1. The request does not cause unanticipated employment or population shifts. The request will compliment existing major employment centers approved in the area. It will provide housing in close proximity to employment. Development of the site represents less than 1.2 % of the anticipated year 2010 population for the West Bench Planning Area. 2. The site can be served by existing public central sewer. The sewer system can be a gravity feed system. The site can be served by central water. Development of the site will provide increased water service for the community in general. 1 • 3. The site can be served by public safety and law enforcement. The city considers this area as a high priority for location of a new fire station. Law enforcement can easily be provided due to the fact the site is contiguous to the Boise City limits. 4. All essential utilities can be provided to the site. 5. The street system is planned for future growth in the area. The site can be accessed by two collector streets. This will provide good circulation. 6. The site contains no environmental features that would limit development. 7. Development of the site will not cause a significant loss in agricultural lands. The existing development adjacent to the site and increased traffic makes farming the site difficult. 8. The development of the site will have a positive effect on the economy of Boise. Full development of the site represents a $56,000,000 addition to the Boise economy. 9. Full development of the site will generate $752,000 in increased property tax for local government. Based on 1989 dollars, the contribution to Boise City would be $243,200 per year. 10. The inclusion of this request into the Urban Service Planning area has little effect on the over goals and objectives contained in the Boise Metropolitan Plan. PUBLIC POLICY: The request is sound public policy. Locating residential development adjacent to major employment bases provides the opportunity to reduce the commute distances, thus reduce impacts on transportation systems. Development in this area will use the existing infrastructure in place and those services planned in the future. The decision to permit major education and employment projects will be followed by residential projects that should be located near the infrastructure in place. This request meets that sound planning principal. 2 REQUEST BY STATES INVESTM ENT FOR AMENDMENT TO THE BOISE METROPOLITAN PLAN TO INCORPORATE 80 ACRES INTO THE URBAN SERVICE PLANNING AREA States Investment is requesting the inclusion of 80 acres of land into the Boise Urban Service Planning Area. The intended use of the property is for a low density single family residential project. Annexation and zoning will be accomplished through separate applications when development is contemplated. GEOGRAPHIC LOCATION The site is located 1/4 mile west of Cloverdale Road on the north side of McMillan Road. The parcel has approximately 1,320 feet of frontage on McMillan Road and is 2,640 feet deep. (SW 1/4, SE 1/4; NW 1/4, SE 1/4 Section 28 T 4N, R 1E) The Boise Urban Service Planning Area Boundary is contiguous to the east and north boundary of the site. Existing use is agriculture. The area has continually grown at rapid rate. Major employment industries have located in the area and are contiguous to the site. Urban services have been extended into the area in anticipation of the growth currently taking place in the area. MAP 1 shows the site in relationship to the Boise Metropolitan Area. LAND USE EXISTING LAND USE: The site is currently in agricultural use.' An old farm house is located on the southern portion of the property adjacent to McMillan Road. It is served by gravity feed irrigation which flows in a northwesterly direction. Two major soil types have been classified on the property by the Soil Conservation Service. These soil classifications are: K SITE C SITE LOCATION BOISE METROPOLITAN PLAN MAP 1 APA MAPPING 1. Abo silt loam which is considered considered good agricultural land. water. a Class Hw soil. This soil would be There are limitations due to ground 2. Purdam Silt Loam which is considered a Class IIe soil This would be considered good agricultural land. There are limitations in this soil due to hard pan. SURROUNDING LAND USE: Surrounding land use is in transition from a rural environment to urban. These uses consist of schools, single family subdivisions, technological industrial uses, and agricultural lands. Specific contiguous uses are: WEST: Agriculture and large single family lots. SOUTH: McMillan Road, large lot single family dwellings and agricultural lands. EAST: To the east is Centennial High School. To the north of the high school is single family residential subdivisions zoned County R- 8 and City R -1C. These subdivisions are being developed at approximately 3.5 to 4 units per acre. NORTH: To the north of the site is the Boise Research Center. Two major users have been constructed on the site, just north of the subject property. MAP 2 shows the surrounding land use. INTENDED USE OF THE SITE The site is contemplated to be developed as a single family subdivision. Trends in this area indicate a lower density development. Current planning would be for densities analogous to those found in the R -1B zone. Lot sizes would range in the 10,000 to 15,000 square foot category. This would equate to 2.75 to 3.5 unit per acre density, or 214 to 273 dwelling units. 4 DOM LAND USE HEWLETT PACKAM SOISE RESEARCH CENTER -------- --------------- ------ ca� ok II ABar ------ ------ DOME= LOWELL SCOTT CENTENNIAL HIGH JR. HIGH LAND DYNAMICS APPLICATION FINDINGS The following analysis answers the questions required in the Comprehensive Plan Amendment Application form. EVALUATION REQUIREMENTS 1. "DOES THE PROPOSED AMENDMENT ATTEMPT TO CORRECT AN ERROR MADE IN THE COMPREHENSIVE PLANT' No. The request does not attempt to correct an error in the original plan. 2. "IS THE PROPOSED AMENDMENT NECESSARY DUE TO CHANGES IN CONDITIONS WITHIN THE CITY WHICH JUSTIFY SAID AMENDMENT?" Yes. Substantial changes have occurred in this area of the city to justify the requested change. A. Major employment shifts have occurred and are planned to occur in the area. The city has amended the comprehensive plan and approved a major technological industrial park contiguous to the north side of the subject property. The Boise Research Center will encompass approximately 160 acres of land. Two major projects are under construction on the site. These businesses are located on the northern property line of the subject site. Ada Planning Association employment projections for the site indicate it could employ 3,000 people, with 2,000 project by the year 2000. The developers indicate an employment potential of 6,000 people, with a build -out in 5 to 8 years. Extended Systems has just completed a 100,000 sq. ft. buildings on 25 acres, directly north of the subject site. They plan and additional 300,000 sq.ft.. They currently employ 150 people. Hewlett Packard is completing a 75,000 sq.ft. building to house their Disk Memory Division. Another 50,000 sq.ft. building will be started for office use in the near future. B. Hewlett Packard is located less than 1/2 mile from the site. HP has been expanding its work force at a rapid rate. 1989 employment R estimates indicated approximately 2,800 people were employed at the site. HP's current employment is near what was estimated for the site by the year 2000. C. Centennial High School has been constructed on the eastern boundary of the subject site. This has caused a major shift in land use in the area. D. New single family subdivisions have been approved and built contiguous to the northeast property line of the subject site. All this development has created a substantial change in the area. This change warrants a consideration to permit orderly single family development to occur adjacent to major employment and education centers. 3. "IS THERE A PUBLIC NEED FOR THE AMENDMENT PROPOSAL?" Yes. The area around the Research Center and HP has become a primary residential growth area. There is a public need to provide housing near these major employment centers. The public has found a need and desire to reside close to these facilities. 4. "IS THE PROPOSED AMENDMENT THE PREFERABLE ALTERNATIVE, FROM A PUBLIC PERSPECTIVE, IN RESOLVING THE ISSUE AT HAND?" Yes. It is good public policy to locate residential uses near major employment and education facilities. It is also good public policy to locate development contiguous to existing development, where existing public services can be used. Prohibiting contiguous growth will cause the market to seek locations that require extensions of services and increased driving times to major employment centers. Development at this location will lessen the need to extend services to less desirable areas. 5. "WHY IS THIS AMENDMENT PROPOSAL NECESSARY TO ACHIEVE THE OBJECTIVES OF THE APPLICANT?" The subject site is in the path of urban growth. As development takes place around the property, it becomes much more difficult to 2 0 0 effectively farm the site. The increase in population and domestic animals makes it difficult to apply the needed fertilizers and pesticides. Burning and plowing of the fields become more controversial. Increased traffic makes it difficult to move farm equipment and products to and from the site. The alternative to amending the plan is to develop the site under the existing county regulations of 1 unit per 5 acre density. This would be a hinderance to future orderly development in the area. Based upon the location, availability of services, and major employment centers, the highest and best use for the site is single family residential at urban densities. INFORMATIONAL REQUIREMENTS 1. "DOES THE PROPOSED AMENDMENT CREATE OR ENCOURAGE UNANTICIPATED EMPLOYMENT AND OR POPULATION SHIFTS NOT CURRENTLY IDENTIFIED IN THE METRO PLANT' NO. The City of Boise has established, as public policy, that the Chinden and Coverdale area will become a major employment center for the city. Both the expansion of the Boise Research Center and HP will continue to provide pressures for residential development near these employment centers. Plans have been amended to assure proper services will be made available to the development planned. Inclusion of this site in the USPA will have minimal impact on population sifts in the West Bench Planning area. If the subject site developed at 3.5 units per acre, the estimated population at build -out would be 760 people. (3.5 * 78 acres * 2.8 people/unit) Population projections for the West Bench for the year 2000 and 2010 are 52,836 and 64,411. Development of this site would represent a 1.4% increase in the year 2000 and a 1.2% increase in the year 2010. This would be considered insignificant. 7 2. "WHAT UYIPACT, IF ANY, DOES THE PROPOSAL HAVE ON CENTRAL WASTE WATER COLLECTION AND TREATMENT AND CENTRAL WATER SERVICES BEING PROVIDED BY PUBLIC AND/OR AGENCIES?" SEWER: Boise City Public Works indicates the site can be served by central municipal sewer. Though the site is currently located outside the Boise Urban Service Planning Area, it can be served by gravity feed sewer. This system would be constructed in conjunction with the expansion of the Boise Research Center. The interim solution for sewer in this area will be to move the lift station from Spruce Meadows, to the east of the site, and temporarily pump back to the Cloverdale line. Once the Research Center is expanded the pumping station could be abandoned providing gravity feed to the north. The City has undertaken a study to provide sewer to the area south of I-84 and east of Cloverdale. This is commonly called the Southwest Sewer Study. This report indicated that a new intercepter will be needed to service the southwest. Location of the intercepter varies between 1/4 mile west of Cloverdale to Eagle Road. There is a possibility that the intercepter will run through the subject property. If that occurs the site will be easily served by a gravity system. In any event, the site can be served by gravity sewer. This can be accomplished without any major modification to the existing sewer plan or system. WATER: The site can be included in Boise Water Corporation's Certificated area. Currently Boise Water Corporations Certificated Boundary extends to Cloverdale Road. The water Company currently serves the High School and Spruce Meadows, to the east of the site. Though these locations are not in the Certificated Boundary, the water company can serve lands contiguous to the Boundary. E? • 0 For Boise Water to serve the site, a request for inclusion into the Certificated Boundary will be required. A petition will be submitted to the PUC for inclusion as a part of the plan amendment process. Approval should take less than one month. Boise Water indicated there would be no major problems serving the site with adequate water. Wells exist at Joplin Elementary and east of Frontier Elementary. If this site were to develop, Boise Water would consider this location for an additional well site. This would help tie the water systems together, increasing water pressure. 3. "WHAT IlAPACT, IF ANY, DOES THE PROPOSAL HAVE ON THE COST AND PROVISION OF PUBLIC SAFETY SERVICES (FIRE, LAW ENFORCEMENT, EMERGENCY) PROVIDED BY ANY PUBLIC AGENCY?" LAW ENFORCEMENT: The site is currently under the jurisdiction of the Ada County Sheriff. Standard protection is provided as in other portions of the County. Due to the fact the site is located adjacent to Centennial High, it is assumed that law enforcement patrol may be higher in this area because of the amount of activity. The site is bounded on the north by the Boise City limits, and on the east by Centennial High School and the Spruce Meadows Subdivision. All three of these areas are in the Boise City Urban Service Planning Area. Being contiguous to the Planning Area will limit the cost for Law Enforcement. FIRE PROTECTION: The site is located in the Meridian Fire District. Boise has a mutual aid agreement with Meridian and will respond if requested. Boise has an agreement with the Cole Collister Fire District to respond first for emergencies at Hewlett Packard. That agreement would probably apply to this site if it were annexed into Boise. This would be in effect until Boise builds a new station in the vicinity. The closest Boise fire station is at Ustick and Christine Streets. This station is outside the 1.5 mile driving distance standard used by the city. Cole Collister stations are located at Glenwood and the river, and on Emerald, 1/2 mile west of Five Mile. (SEE MAP 3) G1 FIRE STATION LOCATIONS CHINDEN BLVD SITE FAIRVIEW AVE FRANKLIN RD 1-64 McMILLAN RD MARIGOLD ale o O w J t� NORTHVIEW ST w Ww Y 7 Igo 3 EMERALD ST _ -------------------- --- FRAN --------------- STAT/ON LOCAT/ONS ARMING BO/SE - JWST/NG COLE COLL/SM VACANT SITE A POTENTIAL SITE ■ MAP 3 O USTICK RD V FAIRVIEW AVE FRANKLIN RD 1-64 McMILLAN RD MARIGOLD ale o O w J t� NORTHVIEW ST w Ww Y 7 Igo 3 EMERALD ST _ -------------------- --- FRAN --------------- STAT/ON LOCAT/ONS ARMING BO/SE - JWST/NG COLE COLL/SM VACANT SITE A POTENTIAL SITE ■ MAP 3 The Boise Fire Department rates the Hewlett Packard area as a high priority for a new station. The City currently owns a site for a station at 5 Mile and Edna. A station at this location would provide fire protection within 1.75 miles of the site. This site may be too close to existing stations. The Fire Department is analyzing locating a station near McMillan and Farrow Streets. A station at this location would place the subject site less than one mile from the new station. This site would also provide good coverage for both the Boise Research Center and HP. The city has been considering a bond issue to fund this station. 4. "WHAT RAPACT WILL THE PROPOSAL HAVE ON ANY OTHER PUBLIC SERVICES AND UTILITIES." UTILITIES: The site is curre from facilities along McMillan P have been upgraded in the area, of the Research Center, HP a improvements needed will be standard development contracts. fitly served by power and telephone gad. Both Power and phone systems in conjunction with the construction ad Centennial High. Any further made under the utility companies SCHOOLS: The site is located within the Meridian School District. It is centrally located and within one mile of Elementary, Junior, and Senior High Schools. (SEE MAP 2) Joplin Elementary and Lowell Scott Jr. High would service patrons from development in this area. Schools in this area are suffering from overcrowding. The Meridian School District is assessing the need for locating an additional elementary school in the West Bench. The subject site may not be considered a good location for a new school due to its close proximity to existing schools and being contiguous to the High School.. The 1980 census estimated the persons per house hold ranges from 2.62 to 3.42. This indicates there are .62 to per unit. If the subject site developed at 3.5 units per units, it would generate a range of school age children. A. .62 Children/unit ......................170 B. 1.42 Children/unit .....................388 10 in this area 1.42 children acre, or 273 0 • The 1.42 children per unit at 3.5 units per acre would be considered the worst case scenario. All trends indicate that the person per unit is still dropping. Further, the 3.5 unit per acre density is considered a high end density. Two Bond issues for the construction of two elementary schools have failed. 90% of the patrons in the vicinity of the site voted for the bond issues. The request at hand is not for the rezoning or development of the site, but is a request to be in an area that can be serviced and developed in the future. This site is very well located in relationship to all levels of education. 5. "WHAT RUPACT WILL THE PROPOSAL HAVE ON THE STREET NETWORK AND ANY PROPOSED OR ADOPTED TRANSPORTATION, TRANSIT, BICYCLE OR PEDESTRIAN PLANS?" TRANSPORTATION: The 1995 Urban Functional Street Classification, Boise Metropolitan Area, classifies McMillan as a Collector Street. The function of a collector is to gather traffic from within the connecting neighborhoods and move it to the arterial system. Collector status streets have a planned right-of-way width of 66 feet. This will permit the construction of a 4 lane facility with no parking on the street. McMillan is currently classified as a local street in front of the site. If the subject site were included in the Urban Service Planning Area, McMillan would be upgraded to a collector status Street. McMillan currently has a 50 foot right-of-way adjacent to the site. It is a two lane unimproved system. No curbs, gutters, or sidewalks exist. The road surface is in moderate condition. It will have to be upgraded as development takes place. The intersection of McMillan and Cloverdale is signalized: The best available traffic counts for this area were taken in 1988. Traffic counts for 1988 are shown on MAP 4. Counts on McMillan, west of Cloverdale were 1,757 trips. This number is strongly influenced by Centennial High School. Traffic counts on Cloverdale, north of McMillan, were 6,745 and south of McMillan 6,880. 11 If the subject site were developed as a lower density single family project, in the range of 2.75 to 3.5 units per acre, it could contain approximately 214 to 273 units. Trip generation from a single family project would range from 10 to 12 trips per day per unit. This would be considered a high end generation rate. The site's location adjacent to major employment and schools should reduce overall trip generation. Based on this estimate, projected trip generation is: A. 2.75 units per acre........................214 units 10 trips per day ........................2,140 trips 12 trips per day ........................2,568 trips B. 3.5 units per acre .........................273 units 10 trips per day ........................2,730 trips 12 trips per day ........................3,276 trips The site will be served by both De Meyer, on the north, and McMillan on the south. De Meyer will act as a local collector street and McMillan will function as the primary access point to the project. If McMillan is constructed to collector status it can carry 18,000 trips, at level of service C, the design capacity of the street. De Meyer is capable of accommodating 4,000 trips at level of service C. It is estimated 75% of the traffic from this project would use McMillan and 25% would use De Meyer. This represents 10.7% of design capacity for McMillan and 16% of De Meyer. (Based on 2,568 trips.) The development of this site will not overload the existing or proposed transportation system. TRANSIT, PEDESTRIAN, AND BICYCLE: No transit is currently available to the site. If the property is included in the USPA, transit can be made available to the area. There are no public plans for a bicycle route through this area. Details on bicycle and pedestrian movements can best be addressed in the design of the project. 12 1988 TRAFFIC COUNTS 2 WAY AVE. DAILY TRIPS CHINDEN BLVD ti SITE McMILLAN RD Lf) 1, 757 co USTICK RD 29851 FAIRVIEW AVE FRANKLIN RD 1-84 MARIGOLD 3j840 79533 w O) 109861H NORTHVIEW ST 14,495 O 0 V EMERALD ST MAP 4 6. "WHAT IlVIPACTS, IF ANY, WILL THE PROPOSED AMENDMENT HAVE UPON THE FOLLOWING ENVIRONMENTAL FACTORS AND/OR THE QUALITY OF LIFE FEATURES OF THE CONIA41JNITY2" WATER QUALITY: The inclusion of this site into the USPA will have a positive effect on water quality. Currently the site is in agricultural uses. These uses can produce a substantial amount of effluent from fertilizers, pesticides and animal waste material. This material enters into drain ditches and contributes to non point pollution sources. Under current Ada County ordinances this site could be developed at a 1 unit per 5 acre density. This would permit the development of 16 lots. These lots would be on wells and septic tanks. A development would also include agricultural uses and livestock. Development in this fashion would have a greater effect on water quality than as an urban subdivision. Development of the site will reduce the amount of material entering the drainage system. Central sewer and water will cause less demands on surface and ground water. Thus, the development of the site in the USPA will have a positive effect on water quality. AIR QUALITY: The inclusion of this site in the USPA will have both positive and negative effects on air quality. Under agricultural and suburban development, the site will still produce dust from cultivation, and burning will be permitted for the clearing of ditches and trash. Development in the county would not require the following of Boise's wood burning ordinances. Development within the USPA will increase densities, thus increase air emissions from automobiles. The location of the site adjacent to major schools and employers should help reduce the length of trips, thus mitigate air quality emissions. If the site is analyzed in relationship to the metro area air basin, development of this site will have negligible effect on air quality. NOISE: Development of this site into residential uses will increase the current level of noise in the area. The increase will be similar to any other residential development in the area and less than that created 13 • from the High School to the east. Noise will be within acceptable levels. DRAINAGE: Drainage from this site will be handled as required by Boise, Irrigation Districts, and the Ada County Highway District. The site drains in a northwesterly direction. Drainage will be detained on site. Final drainage plans will be submitted with any development concept. Development under the USPA will provide better drainage control than a five acre density development in the county. FLOODPLAIN: The site is not located in any designated floodplain. Thus, no flood protection measures will be necessary. TOPOGRAPHIC HAZARDS: The site is flat with slopes less than 2 percent. No topographic hazards exist on the site. WILDLIFE AND VEGETATION: The site is currently in agricultural use. It has been used to raise crops and for grazing. Under this intense use the site has little native vegetation, thus little wildlife. Developing the site will establish much more divers vegetation that will increase wildlife species. The increase in wildlife will be species compatible with urban environments. This includes squirrels, quail, song and migratory birds. GREENBELT/OPEN SPACE: The site is not connected to any major public open space or greenbelt system. No major open space system is planned in this area. Development of such a system would be addressed in the planning and review process. AESTHETIC VIEW IMPACTS: This site contains no topographic variations that would effect views or vistas. Development of the property would be similar to the other level areas of the west bench. 7. "WILL TMS PROPOSAL INVOLVE A LOSS OF SIGNIFICANT AMOUNTS OF AGRICULTURAL LAND? WILL THE AMENDMENT PROPOSAL HAVE A MAJOR IMPACT ON THE AGRICULTURAL INDUSTRY OF THE AREA?" No. The site is only 80 acres in size. This is insignificant in relationship to well over 100,000 acres of irrigated agricultural land in 14 El Ada County. This would represent less than one tenth of one percent of the agricultural land in the county. As state previously, urban development around the property makes it increasingly difficult to farm. Moving farm equipment in and out of the site is hazardous due to the traffic. The increase population of children and domestic animals makes it harder to manage as a farm. 8. "HOW WILL THE PROPOSED AMENDMENT AFFECT THE SHORT AND LONG TERM ECONOMY OF THE CITY." Development of this site will have a positive effect on the economy of Boise. Inclusion into the Urban Service But development of the site will provide a higher end project ni estimated value of homes in the units were built, it would add development into the Boise econ in over a 5 year time frame. Planning Area will have little effect. Zave a positive effect. The plan is to ar a major employment base. The project would be $200,000. If 273 $54,600,000 in increased economic Amy. This benefit would be phased 9. "DOES THE PROPOSAL HAVE ANY DIRECT OR INDIRECT IMPACTS ON THE COSTS OR REVENUES OF LOCAL OR STATE GOVERNMENT?" Development of the site will produce substantial tax revenues for local government. The following chart outlines anticipated tax revenues if the site were fully developed. Total estimated local property tax revenues, if the project was completely developed, would be $752,000 per year. If annexed to the city, the city's yearly portion would be $243,200. Long term tax revenues would increase as the market value and mill levy increases over time. 15 ESTIMATED TAX REVENUES FOR CAVIN PROPERTY 1989 TAX RATE TAXING DISTRICT MILL ESTIMATED MINUS ESTIMATED DWELLING ESTIMATED RATE VALUE EXEMPTION TAXES UNITS TAXES Ada County 0.003244 $200,000 $50,000 $487 273 $132,842 Emergency Medical 0.000163 $200,000 $50,000 $24 273 $6,675 State 0 $200,000 $50,000 SO 273 $0 ACND 0.001445 $200,000 $50,000 $217 273 $59,173 Meridian School 0.007487 $200,000 $50,000 $1,123 273, 5306,593 Joplin Cemetery 0.000011 $200,000 $50,000 $2 273 $450 Mosquito Abatement 0.000077 $200,000 550,000 $12 273 $3,153 Boise City 0.005939 $200,000 550,000 5891 273 $243,202 TOTAL 0.018366 $2,755 $752,088 10. "WHAT EFFECT_, IF ANY, WILL THE PROPOSED AMENDMENT HAVE ON ANY OTHER GOALS AND POLICIES OF THE METRO PLAN?" The request has little or no effect on the major Goals and Polices of the Boise Metropolitan Plan. The site is contiguous to existing development, all forms of urban services can be provided or are planned within the area. Gravity feed central sewer service can be provided. The site is contiguous to major employment. The City and School District have made a major commitment to establish educational and employment in this area. It seems prudent planning policy to permit residential development where services can be made available, contiguous to existing development, and adjacent to major employment and educational centers. 16 306,593 ESTIMATED LOCAL TAX REVENUES 1989 TAX RATE 59,17ff --- ® Ada County EEmergancy Medical 12,842 EM State ACHD ® Meridian School El Joplin Cemetery Mosquito Abatement Boise City February 16, 1993 I am here representing residents of Country Terrace Subdivision as the President of the Country Terrace Subdivision Water Association. I am here to protect Country Terrace Subdivision residents from a water table issue that confronted one of the current residents before moving to Country Terrace Subdivision. This resident's situation was remarkably similar to that of Country Terrace Subdivision and the proposed Running Brook Subdivision. His residence was adjacent to and above an area that had a history of a high water table. Houses were built on this land and residents encountered water seeping into their crawl spaces. The new residents believed that the owners of the higher properties were the source of their problems and threatened legal action to stop them from irrigating and watering lawns. There will be more on this issue later, but first I would like to present some history concerning the ground water levels in the property proposed for the Running Brook Subdivision. I would like to provide the City Council with a copy of my transcript and the documents to which I will be referring for inclusion into the minutes of tonight's meeting. The first document is a Fieid Percolation Test report to the Idaho Land Developers performed October 22, 1974. Three test pits were dug as shown on the map. On the test pits in the location of the proposed Running Brook Subdivision, ground water was encountered at 1.6 and 2.3 feet. In these areas the percolation rate, time required for water to drop one inch, was 240 minutes. On the test pit in the location where Country Terrace Subdivision now exists, ground water was encountered at 6.3 feet and the percolation rate was seven minutes. It should be noted that the soil composition at both test pits was clay, silty, saturated and soft, and sand, gravely; saturated and moderately dense. It should also be noted that this was before Country Terrace Subdivision existed and thus the higher water table in the lower area could not be the result of irrigation and septic waters from Country Terrace Subdivision. Where did this water come from? For that answer I turn to a 1970 water -level contour map (source: U. S. Geological Survey, Boise Office) that displays aquifer flow directions. This contour map indicates that the aquifer flows from an area near the Boise Airport towards Nampa. Any water that was encountered in the test holes in the proposed Running Brook Subdivision came from areas far to the east of Country Terrace Subdivision, from naturally occurring flooding or from farm land irrigation in the area. � A proposed subdivision at this same location was addressed in a June 13, 1981 letter from an Environmental Quality Specialist concerning applicability for on-site sewage disposal systems. Although no sewage disposal system is proposed for the Running Brook Subdivision, a significant part of the letter indicates that the property below Country Terrace Subdivision is frequently flooded. Mr. Tom Schmalz, Ada County Central District Health, related to a member of Country Terrace Subdivision that in September 1989 a test hole was drilled 200 feet west of Ten Mile Creek and that ground water was encountered at eight inches. It must be noted that this test hole was on the other side of Ten Mile Creek from Country Terrace Subdivision and there fore Country Terrace Subdivision could not have contributed to the ground water found at this point. An article appeared in a January 1993 issue of the Statesman concerning a groundwater study requirement for the Pepperhills Subdivision near the intersection of Cloverdale and Overland Road~ An Ada County planner has required the developer to conduct an extensive groundwater study because of a high groundwater table on the land. At least six 7oca), state and federal agencies have to approve this groundwater study. This ground water study is required in accordance with the Southwest Community Development Standard Overlay District. The estimated elevation of this property is about 2680 feet. The elevation of the proposed Running Brook subdivision is about 2620 feet; sixty feet below the Pepperhills development and in the direct path of the aquifer flow as seen from the 1970 water -contour map. If the Pepperhills development may have a high groundwater problem, then there may be a similar concern with the proposed Running Brook Subdivision.Should not Meridian consider similar studies particularly since the Corps of Engineers has declared a small portion of the subdivision to be wet lands. The residents of Country Terrace Subdivision have the following concern as it relates to the groundwater level in the proposed Running Brook Subdivision. It is clear to us that there is a high groundwater level in this area and that this high groundwater level is not the result of Country Terrace Subdivision irrigation or septic tank drainage. It is our desire that the following points be noted in the minutes of this meeting concerning the site of proposed Running Brook Subdivision: - It is suspected that this property has a high groundwater level. ~ 0 0 0 - The ground water level is not the result of irrigation or septic discharge of Country Terrace Subdivision. - In that the Meridian City Council may approve the proposed Running Brook Subdivision and that developer is, through this testimony, aware of the high groundwater levels of this property, future residents of the proposed Running Brook Subdivision shall direct any concerns or problems due to the high groundwater levels to the Meridian City Council and/or the developer. The residents of Country Terrace Subdivision have reason to be concerned of this scenario. A similar event took place at the Sherman Oaks Subdivision. I would like to ask current Country Terrace Subdivision resident, Mr. John Gaige, to relate his experience. GREAT FALLS • BILLINGS MONTANA Report of: _._Field Percolation Tests Performed on the Gibson Property near Meridian, Idaho Report to: - Land Developer (3) 20 South Cole Road Bszise I a � 83705 - Attn: Mr. Larry Sale a 1P. BOISE IDAHO Date October 22, 1974 .lob Number 73-345-14 Sheet 1_____ of = 3 - Sample Identification At your request, on October 8 and 9, 1974, our personnel performed field percolation tests at the locations shown on the attached sketch. The tests were performed in accordance with Idaho State Board of Health Regulations. Logs and locations of the test pits are shown on the attached sheets and the test results are as shown below. - -- Test Results Depth Below Test Pit No. Soil Classification Surface, Feet 2 CLAY, Silty; CL 1.0 3 GRAVEL, Sandy; GW 5.0 (Partially Cemented) Percolation Rate Minutes, Time Required for Water Level to Drop One Inch Certified q� 240 7 = / I: 0 8.40"� .!� ,�' l.i ;-//i�%��k.L_ N • Cj Z N.3' 0'00 w. I\�6 LOT 12 6 8 = 9 jt t0 / NTV �•'Z �\ 5- his, j i� IiS' y x,15• WAY v I a5' t u5' 10 1 by 1 /S( 2 i 3 - \ \x 2 s• j� J, x 170' ; 1 � O 5J 5 �p BLOCK 121 X 1 cD GG e 0 7 i c 116 3 Wr LL i c� �� 4 i 115' L, Jj N 9TL GIBBON x WAY 95115' !15' 2` 5 0! g BLOCKo� i 3 140' 1,325.14��- UNPLATTED f BOISE, IDAHO v "vPtRS 1=- • OCTOBER 22, 1974 73-345-14 Sheet 3 of 3 V 2 T d 3 � r O .m c N CL § _c �V b � co =fin • V / n 2 j CL coO v ( V tp > b d d tO J Lo � a 16 � y V V_ V C �• �. C V -, pl. � • rte. �/ l() • OCTOBER 22, 1974 73-345-14 Sheet 3 of 3 V 2 � d �t � r O .m c N CL § _c �V b � co =fin • V / n 2 coO v ( V tp > b d tO J � 16 • OCTOBER 22, 1974 73-345-14 Sheet 3 of 3 V 2 � d �t � r O .m c CL co • V / n 2 coO v ( V tp > b d tO J � � • OCTOBER 22, 1974 73-345-14 Sheet 3 of 3 V 2 - � r O .m c CL co • V / n 2 coO wane 13, 1931 Steve i.0 sac 2122 i1. Cole Road Boise, Idaho 83704 j(!/ 1 ::e: Country Te-rrace Sub. #2 Dear rx. Hosac: Lot 12, Bloch, 1 • Review of the site called Lot 12, Block 1, Country Terrace Sub-- _ division #2 indicates that this office can approve the site for ONE on-site sewage disposal system. The only suitable location on the lot is or. the bluff. '.his bluff site can support the size of sewage system necessary for eitbar a 2, 3 or 4 bedroom rotve according to plans su1mitted dated May 27, 1981. Me property below the bluff does not meet regulations for on-site sewage disposal systems and could not be approved for individua? sesege -� systems. ate lower portion of Vound is frequently flooded with irrigation waterand could constitute a mosquito breeding site. This lower property —' must be maintained in suG2 a manner t*tat it does not constitute a mosquito bre..edirg, site. Sincerely, i! ?fancy Goodell, E.H.S. Sr. Environmental Quality Specialist cc: Toga Turco, Chief of Environmental Heal-Lh Services Ada County Zing and they will needtime to exam- ine the results before the hear- ing, he said. Depending on the results, the agencies may require Blaser to monitor groundwater levels over a change of seasons, delay. BOISE ing the application for several Groundwater study will dewy more months, Elg said. public hearing on subdivision 6 Delays in a groundwater study for a 404 -lot subdivision pro- posed in the Southwest Boise Community will cause a delay in the public hearing on the subdi- vision. The public hearing, scheduled for Feb. 11, will not be held until at least Feb. 25, said Van Elg, the Ada County planner han- dling the application. Area residents have been or- ganizing in opposition to the ; Pepper Hills subdivision, pro- posed near the intersection of Cloverdale and Overland Roads. Opponents say the proposed density, four homes per acre, is too high for the area. Elg said the developer, Leon Blaser, had to conduct an exten- sive groundwater study because of a high groundwater table on the land. At least six local, state and federal agencies have to ap- prove the groundwater study, f BEFORE THE MERIDIAN CITY COUNCIL APPLICATION OF GLENCO DEVELOPMENT FOR A VARIANCE FROM THE CUL-DE-SAC MAXIMUM BLOCK LENGTH AND STREET LIGHT REQUIREMENTS FINDINGS OF FACT AND CONCLUSIONS The above entitled variance request having come on for consideration on February 2, 1993, at approximately 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the City Council having heard and taken oral and written testimony, the City Council of the City of Meridian makes the following: FINDINGS OF FACT 1. That notice of the public hearing on the variance was published for two consecutive weeks prior to the scheduled hearing for February 2, 1993, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the February 2, 1993, hearing; that copies of all notices were available to newspaper, radio and television stations. 2. That notice of public hearing is required to be sent to property owners within 300 feet of the external boundaries of the land being considered pursuant to 11-2-416 E., 11-2-419 D., and 11-9-612 B. l.b. of the Revised and Compiled Ordinances of the City of Meridian; that this requirement has been met. 3. That Ordinance 11-9-605 B 6., STREETS, requires that a FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 1 street that ends in a cul-de-sac or dead end shall be no longer than four hundred fifty feet; that Ordinance 11-9-606 B 13. requires that street lights be placed in a subdivision to meet the Boise Lighting Ordinance which was adopted, which requires that street lights be placed at specified distances from each other and the Meridian Ordinance requires that the placement of street lights be shown on the development plan; that the ordinance also allows that the street lighting ordinance can be waived if the developer ensures that yard lights are installed and that the yard light requirements are met. 4. That the Applicant has requested that he be granted a variance from the above cul-de-sac and street lights requirements and be allowed to exceed the maximum length of cul-de-sacs on Jamaica Drive and that he be allowed to place street lights at intersections in Meridian Greens Subdivision, Unit No. 3.; that the length of the cul-de-sac would be over 1,000 feet; that one prior Meridian Green Subdivision plat has been allowed to use yard lights instead of street lights and one prior subdivision of Meridian Greens was required to have street lights at intersection and yard lights throughout. 5. The entire property in question is described in the subdivision application and is incorporated herein as if set forth in full. 6. That the property is zoned R-4 Residential but is developed in an R-2 or R-3 fashion. 7. That the Applicant states that the special conditions and FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 2 circumstances which are peculiar to the land involved and which are not applicable to other lands in the same district is "The preliminary plat contains a cul de sac that runs parallel to the Ten Mile Creek. The narrow strip of ground adjacent to the creek provides an ideal location for a cul de sac. Additionally, there is a great demand to provide cul de sac lots."; in answer to the question why the granting of the variances would not confer upon the Applicant special privileges that are denied to other lands in the same district, the Applicant states as follows: "This particular variance has been granted in the past and can be mitigated by installing additional fire hydrants within the proposed cul de sac. Yard lights provide the necessary lighting for the residential development that is proposed." 8. That the Applicant owns the property. 9. That no people appeared at the hearing objecting to the variance application. 10. That the City Engineer commented that a street light should be placed at each street intersection and that fire hydrants . need to be placed at 400 feet spacing along the long cul-de-sac; that the Meridian Fire Department commented that it would not have a problem with the length of the cul-de-sac if parking inside Jamaica Court is allowed and that there can be no parking on the curb of the street; the Meridian Police Department commented that you can not get enough height from a yard light to prevent crime and that the police department recommended yard lights and street lights. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 3 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 has authority to grant variances pursuant to Section 11-2-419 of the Zoning Ordinance and pursuant to Section 11-9-612 of the Development Ordinances. 3. That the City Council has judged this application by the guidelines, standards, criteria, and policies contained in the Subdivision and Development Ordinance and upon the record submitted to it and the things upon which it may take judicial notice. 4. That the Council may take judicial notice of its own proceedings, those of the Commission, governmental statutes, ordinances, and policies, and of actual conditions existing within the City and the State. 5. That the following provision of Section 11-9-612 A. 1., of the Zoning Ordinance is noted which is pertinent to the Application: 11-9-612 A. 1. PURPOSE The Council, as a result of unique circumstances (such as topographic - physical limitations or a planned unit development), may grant variances from the provisions of this Ordinance on a finding that undue hardship results from the strict compliance with specific provisions or requirements of the Ordinance or that application of such provision or requirement is impracticable. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 4 6. That the specific requirements regarding a variance that must be evidenced and found by the City Council are as follows: 11-9-612 A. 2., FINDINGS No variance shall be favorably acted upon by the Council unless there is a finding, as a result of a public hearing, that all of the following exist: a. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Ordinance would clearly be impracticable or unreasonable; in such cases, the subdivider shall first state his reasons in writing as to the specific provision or requirement involved; b. That strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the subdivider because of unusual topography, the nature or condition of adjacent development, other physical conditions or other conditions that make strict compliance with this Ordinance unreasonable under the circumstances, or that the conditions and requirements of this Ordinance will result in inhibiting the achievement or objectives of this Ordinance. c. That the granting of the specified variance will not be detrimental to the public welfare or injurious to other property in the area in which the property is situated; d. That such variance will not violate the provisions of the Idaho Code; and e. That such variance will not have the effect of nullifying the interest and purpose of this Ordinance and the Comprehensive Development Plan. 7. That there does appear to be a specific benefit or profit, economic gain or convenience to the Applicant in that the cul-de-sac street to be constructed was not in existence at the time that Applicant purchased the property and the design of the subdivision was totally within the control of the Applicant; that FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 5 L' • the failure to meet the cul-de-sac maximum length was self- inflicted; that it would not be in the best interest of the City to grant the variance; that no undue hardship would result from strict compliance with the cul-de-sac length requirement. B. That regarding Section 11-9-612 A. 2., regarding the cul-de-sac length, it is specifically concluded as follows: a. That there are no special circumstances or conditions affecting the property that the strict application of the provisions of the cul-de-sac street Ordinance would clearly be unreasonable. The Applicant could easily design the subdivision without including a 1,000 foot cul-de-sac. The middle cul-de-sac which comes off of Jamaica Drive could easily be designed to connect to Vincent Drive, or other designs could be proposed. b. That strict compliance with the requirements of the cul- de-sac street Ordinance would not result in extraordinary hardship to the applicant as a result of factors not sell -inflicted since the subdivision could easily have been designed without the cul-de-sac. C. That the granting of a variance could likely be detrimental to the public's welfare or injurious to other property in the area in which the property is situated due to problems with fire access and traffic. d. That the variance would have the effect of altering the interests and purposes of the cul-de-sac Ordinance which is included in the Subdivision and Development Ordinance for fire safety. 9. The City has in the past granted similar variances as requested by the Applicant but has also denied such variances; each application must stand on its own merits and the granting of one variance is not a precedent for granting others. 10. That it is concluded the Application for a variance from the cul-de-sac ordinance should be denied. 11. That with regard to the street light requirement and FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 6 0 r Section 11-9-612 A. 2., it is specifically concluded as follows: a. That there are special circumstances or conditions affecting the property that the strict application of the provisions of the street light Ordinance would clearly be unreasonable. That special circumstance is that the City has previously granted the variance in this subdivision, but has required street lights at intersections which the Applicant has consented to. b. That strict compliance with the requirements of the cul- de-sac street Ordinance would not result in extraordinary hardship to the applicant as a result of factors not self-inflicted since the subdivision could easily be constructed to meet the street light Ordinance; however, the City has previously granted a variance for this subdivision from the Ordinance, but has required street lights at intersections. C. That the granting of a variance would not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated. d. That the variance would not have the effect of altering the interests and purposes of the street lighting Ordinance. 12. That it is concluded the Application for a variance from the street lighting Ordinance should be granted, but street lights should be required at street intersections, at the terminus of cul-de-sacs, and yard lights should be required which meet the Ordinance. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The City Council of the City of Meridian does hereby approve these Findings of Fact and Conclusions. ROLL CALL: COUNCILMAN YERRINGTON VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 7 d 1 k COUNCILMAN GIESLER COUNCILMAN CORRIE COUNCILMAN TOLSMA MAYOR KINGSFORD (TIE BREAKER) VOTED VOTED VOTED VOTED DECISION That it is decided the Application shall be denied as to the variance from the cul-de-sac requirement on Jamaica Drive and that the variance of the Street Light Ordinance shall be granted but the Applicant shall be required to place street lights at all street intersections, including intersections of through streets and cul-de-sac street, and at the terminus of cul-de-sacs, and yard lights which meet the Ordinance are required. APPROVED:111r� DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 8