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HomeMy WebLinkAbout1991 11-12A G E N D A MERIDIAN PLANNING & ZONING NOVEMBER 12, 1991 ITEM: MINUTES OF THE PREVIOUS MEETING HELD OCTOBER 8, 1991:(APPROVED) MINUTES OF THE SPECIAL MEETING HELD OCTOBER 29, 1991: (APPROVED) 1: FINDINGS OF FACT & CONCLUSIONS ON REQUEST FOR CONDITIONAL USE PERMIT BY MARLA WEST: (APPROVED) 2: FINDINGS OF FACT & CONCLUSIONS ON REQUEST FOR REZONE BY SAM ZENOR: (APPROVED) 3: PUBLIC HEARINCt: REQUEST FOR REZONE BY SELLS, PATCH & GIBSON:(FINDINGS TO BE PREPARED) 4: PUBLIC HEARING: APPLICATION FOR ACCESSORY USE PERMIT BY KATHY ROOT: (FINDINGS TO BE PREPARED) 5: PUBLIC HEARING: PRELIMINARY & FINAL"PLAT ON FIELD OF DREAMS SUBDIVISION: (APPROVED) 6: PUBLIC HEARING: ANNEXATION & ZONING REQUEST W/ PRELIMINARY PLAT ON KEARNEY PLACE SUBDIVISION BY GORDON`& PEGGY WOODS: (FINDINGS TO BE PREPARED) :fERIDlAN_]?LANNING ~x_ZONING____ _.__,. _.NOV._1^^<~l_991 The Regular :leeting of the tteridian Planning & Zoning Commission ,aas called to order by Chairman Sim Johnson at 7:30 P.I1.. 2~~lembers Present: Charlie Rountree, Ploe Alidjani, Tim Hepper: 1-lembers Absent: Jim Shearer: Others Present: btarguerite Patch, Helen Gibson, Gloria Sells, Helen Sliarp, Aaren Sharp, Daie Sharp, Denise Hilbard, Don Bryan, Burke Borup, Hal Leifson, Dan Ylood, L1. Barnes, Valerie Davidson, Gary Lee, Doug Crabtree, Lee Stucker, Sam Zenor, llayn2 Crookston, Lee Sells, Kathy Root, Pat Tealy: P4INUTES OF THE FREVIOUS ]`QEETING HELD OCTOBER S, 1991: The notion was made by Alidjani and seconded by Rountree to approve the minutes of the previous ;Meeting held October 8, 1991 as F7r1 tten: Piotion Carried: All Yea: t4INUTES GF THE SPECIAL A4EETING HELD OCTOBER 29, 1991: The biction was made by Alidjani and seconded by Hepper to approve the minutes of the Special Meeting held October 29, 1991 as written: Pdotion Carried: All Yea: ITEM #l: FINDINGS GF FACT AND CONCLUSIONS ON REQUEST FOR CONDITIONAL USE PERMIT BY MARLA WEST: The Plotion ;gas made by Rountree and seconded by Aiidjani to approve the Findings of Fac*_ and Conclusions of Lae:. Roll Call Vote: Hepper - Yea; Rountree - Yea; Shearer - Absent; Al idjar;i - Yea; Motion Carried: Ail Yea: The [-lotion ~;aas made by Rountree and seconded by Hepper that the t]eridian Planning and Zoning Commission hereby recommends to the City Council of the City of P4eridian that they approve the Conditional Use Permit request by the Applicant'. tPOtion Carried: All Yea: ITEiI # FINDINGS GF FACT & CONCLUSIONS ON REQUEST FOR P.EZONE BY SAIut ZEN OP--.: A'IERIDIAN PLANNING & ZONING NOV. 12, 1991 PAGE 2 The tfotion eras made by Rountree and seconded by Alidjani that the leridian Planning & Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions and conveys a favorable reccanmendation to the City Council. Roll Call Vote: Hepper - Yea; Rountree - Yea; Shearer - Absent; Alidjani - Yea: Plotion Carried: All Yea: ITEFI #3: PUBLIC HEARING: REQUEST FOR REZONE BY SELLS, PATCH & GIBSON: Johnson: I tai11 now open the Public Hearing. Is there a representative present, if so please come forward. Lee Sells, 1323 E. 1st St., yeas sworn by the attorney. Johnson: Basically c~~e have all the documents in front of us if you just want to highlight cahat you want to do. Se11s: ive don't plan to do anything. It will remain the same. Marguerite is living in her home. Gloria and I have our residence there but we also have a Conditional use Permit at the present time for an office behind and Helen Gibson is using her home as a residence also. Our purpose would be just to, we are bordered on both sides by commercial right at the present time to the north and to the south of us and across the street. The Post office is going in across from us and tae look to see E. rust Street really go basically as a commercial part of P9eridian and we just feel that it is proper at the present time to put our properties in the same prospect as the rest of the properties on E. First Street, or most of the properties on E. First Street. Johnson: Any questions? Hepper: Have you seen the ACHG comments? Se11s: Yes I have. Hepper: Do you have any problem with any of those? Sells: T sure don`t. Johnson: Is there anyone else from the public to testify? No response. I will close the Public Hearing. IdERIliiADI PLANNING & ZONING NOV. 12, 1991 PAGE 3 The Pdotion was made by Rountree and seconded by Hepper to have the Findings of Fact and Conclusions of Law prepared for this application caith a favorable recommendation to the City Council. Motion Carried: All Yea: ITE14 #4: PUBLIC HEARING: APPLICATION FOR ACCESSORY USE PERI4IT BY KATHY ROGT: Johnson: I wiil open the Public Hearing. Is there a representative present, if so please come forward and be sworn. Kathy Root, 1255 Darrah, was sworn by the attorney. Root: I wanted to start a day care at my home so that I could take in a fesa kids. I am trying to get my day care iicense and in order to get that I have to have the permit. 1•ly license would be for six children or Less. Since P4eridian is yrovaing so much there is a need for a quality day care. I would have health and fire inspections. The children that I babysit would be in my home or in my i.~ack yard. They wouldn't be out running in the street, I wouid be supervising them at all times. Ny yard is completely fenced. I have a six foot cedar fence all the way in the front and the sides and the back has a five foot chain link fence. I have a feca more letters to enter into the record in favor of this request. Aiidjani: Does your back yard have a fenced area? Root: A six. foot high cedar fence around the front and the sides and then the back is a five foot chain link fence. Rountree: The accessory use caould a11o~r up to five children. Root: I tirould have five or less. Hepper: How many of your ocar, k-.ids? Root: I have three of my own, two in school. Hepper: Is there a gate in your back. fence? Foot: No. Hepper: 5o there i5 no cagy %hey cai; get Doti' Root; T'.O_ PIERIDIAN PLANNING & ZONING NOV. 12, 1991 PAGE 4 Hepper: vlhat hours would you operate? Rcot: Seven until six in the evening. Hepper: what about on weekends? Root: No weekends, Alidjani: Do you have any idea shat age group? Root: I have been babysitting at my home since July and the age group that I have now is three toddlers that are age 2 and then I have a kindergartener that lives in our neighborhood and I have two four year olds. Rountree: Are your clients generally within your neighborhood? Root: i have four parents, two live in my neighborhood and one comes from P4eridian P4anor and the other one comes fror~i Eagle. Hepper: How many parking spaces do you have? Root: I have a tmro car garage. Then cae put in some more cement, probably three in my driveway and then in front of my house. Hepper: So you have three off street parking spaces. Root: Right. Hepper: During the time that you would be open, how :navy vehicles of your own would you have there? Roo`: Just one. Johnson: The driveway has been extended and there is three spots at least in front of the home. Crookston: If you can, characterize the traffic in your neighborhood. Root: tdoderate to light. Johnson: Thank you very much. At this point we do have three letters that are not opposed from David & Tina Clark, Patrick & Kimberly Igo and Deborah Rabehl. These are entered into the record as not opposing t his request. Is there anyone else from the public to testify: hIERIDIAN PLANNING & ZONING NOV. 12, 1991 PAGE 5 Denise Hibbard, 1232 Darrah Drive, was scaorn by the attorney. Hibbard: YJe think this area should stay as a residential area and niy husband and I oppose this request. Johnson: Anyone else from the public' No resper.se. I will close the public hearing. This is an accessory use permit so it is a situation that we approve or disapprove. The tiotinn caws made by Rountree and seconded by Alidjani to have the attorney prepare Findings of Fact and Conclusions of Laca with approval of the application for accessory use. llotion Carried: All Yea: iTEPI #5: PUBLIC HEARING: PRELIP4iNARY & FINAL PLAT GN FIELD OF DREAMS SUBDIVISION: Johnson: I will Hera open the public hearing. Is there someone representing the applicant? Pat Tealy, 479 P4ain Street, Boise, was sworn by the attorney. Tealy: Z've read the comments and recommendations as prepared by the City Engineer. t^]e have no questions on these. I'd be happy to ansaaer any questions. Hepper: Does this include the variance for the pressurized irrigation? Johnson: That's correct. Clerk Niemann: The variance is really only heard by the Council. Hepper: These lots twill be ready to be built on for residential houses? Tealy: Yes. Hepper: If there aras FHA financing, FHA does not allow flood irrigation. It looks to me like flood irrigation around a house could be a real problem. Tealy: It could be and I really don't have an anse~rer for that. They do have access to the ditch and they can put a pump in to pump out of the ditch. Hepper: If they did receive the variance would they be willing to contribute to a water resource fund for a near vaell? IdERIDIAN PLANNING ~ ZONING NOV. lam, 1991 PAGE; 6 Tealy: We ~~ri11 preserve the existing system and supply crater to each lot as it is irrigated note. Hopper: 6^]hat square footage? City Ordinance is either mixed footage basis or else 1300 sq, ft.. Tealy: That's pretty hard for us to say right noc~r. the really can't dictate as a developer tahat our exact square footage would be. If there is a minimum square footage of 1300 sq. ft, then I'm sure that condition will be met. Rountree: Have you seen the comments from RCHD? Tealy: Yes. Rountree: I assume that the Davidson's are adiacent to this on Leisure Lane crith some consideration given to a utility easement across this subdivision to provide for future se~~rer and crater into that area. Clerk Niemann: There is already one coming in from Dunten Place. Johnson: Anyone else to testify? 1JO response. I c>>ill close the public hearing. The 1lotior caas made by Rountree and seconded by Alidjani that meeting the conditions of the City Engineer and ACRD that ~~re recommend a approval. notion Carried: All Yea: ITE1.1 #6: PUBLIC HEARING: ANNEYATION & ZGNING REQUEST W/PRELIbIINARY PLAT ON KEARNEY PLACE SUBDIVISION BY GORDGN & PEGGY WGODS: Johnson: I will nos=r open the public hearing. Is there someone representing the applicant? Gary Lee, JUB Engineers, 2SG So. Beechc~rood, Boise, taas sworn by the attcrney. Lee: Handed out to Commission a revised preliminary plat for review. The major change on that drawing there rs the extension of a stub street northerly off of Devlin Drive. It is nocv tied to the north boundary. This request is for annexation and zoning to R-8 and a preliminary plat for 79 lots. The property is bordered to the west by Chateau 1leadoors Easi Subdivision and also Ili rage tteadolrs lays south and westerly of our southti~rest corner. This 1fERIDIAN PLANNING & ZONING NOV. 12, 1591 PAGE 7 property being adjacent to the existing city limits. The property is about 20 acres in size, tae Have designed the preliminary plat for 79 single family residential lots. That result=: in a density of just a ii*_tle under four units per. acre. Zoning requirement for F-4 ie. four but .ae vrauld like to go to an R-8 in this case to allow fo.. a little srnailer frontage on some of the Tats. Some of the square footages cvili be a little less than 3,000 in the R-4 requirement, so that is the reason for the R-8 request. This will be similar to Chateau lteadoors. The price range ,gill b2 in the same neighbarhaeds, probably $86,000.00 to 5220,000.00. House sizes wi 11 be 1 X00 sq. ft. and up. There wi 11 be tcao and three car garages cn most all the lots, with of minimum of two car. The improvements far this project s-rill be again an extension cf the Chateau Meadows Subdivision on the west boundary. Streets will meet reith ACRD Standards. For the first stayer of this project, we would like to provide a terr~porary emergency vehicle access that trill front itself on Dixie Lane. It eaill be a graveled, all weather raadway that can be used for emergency vehicles. our storm ~~rater eri 11 all be retained ors site. we oai 11 have landscaped burros at the entrance on Chateau Drive. t<le've determined erith Nampa Meridian Irrigation District is that we ~:'ill fence along their right of way line and leave the ditch rider road as is. The irrigation system itself will be phased out as the subsequent phases of the project are developed. P1e've met with the property owners that may be affected in the area concerning drainage and spoke faith Mr. Aschenbrenner about his fields to the east and have coordinated t-rhat will be required to take care of the irrigation and storm water runoff in these fields. I'd be happy to answer any questions. Hopper; I assume that the irrigation pipe on the southerly end there is sized and everything and that will be put in by the develop. Is that correct'? Lae: That's correct. We will put in pipe for each phase as it is being developed. Rountree: On that emergency vehicle access: road the 12 ft. right of tiray your going to block out of there, how are you going to propose to keep that from being an access point for the residents back there: Lee: we could probably install some break ac-aay gates if there eras an emergency vehicle coming through there. Rcantree: Questioned drainage. Lee: 1Je are going to sat up se~reIls in the set back. areas running along and adjacent to the streets. hiERiDIAN PLANNING & ZONING NOV. 12, 1951 PAGE 8 Rountree: ACHD has agreed to maintain those? Lee: 1^]e've been caorking with ACRD on that on just hosa it's best to set that up. They c-~i11 have some involvement on maintenance. Rountree: what is the plan of events as far as phasing tt'iis? Lee: The first phase we are looking at next spring for construction. Johnson: Is there any common ground in here? Lee: No. Johnson: Gary have you had a chance to discuss the School District blo. 2 letter regarding a suggested $500.00 per lot for the developer to pay'? Lee: We talked to 1^4r. Babe not to long ago about some of the concerns the school district has about gro,rth. At tha*_ time the X500.00 fee didn't come up. Johnson: He has caritten a specific letter for this project. Lee: Yes. Johnsen: Rnyone else to testify? Don Bryan, 207G N. Locust Grove fid., was sworn by the attorney. Bryan: I have numerous questions. The first concerning traffic, are they going to put the traffic of 70 residential lots down Chateau Lane along c~ith all the other traffic that goes into that subdivision? From 7:OG to 7:3G AM. I can't get out onto Locust Grove Road. Have there been any studies relating to traffic on Locust Grove: I also have a reai problem with the drainage. They say they are going to put in storm water retention, I don't know [chat t'r,at is but I have pictures of a flood from last spring, the water from the two subdivisions come dos•m to the front of my house and they back up tc that storm drain_ Fit YlLU LI(< F'Lfti lal~l F:~L 2 rL)Ill tai L; >t~IUV. 12, 1591 i~4i Lit `l Hr-yan: R new s-.rbdivision is only goln was told by i.he Hosac Developers that for my orchard for all the run-oft. alter it ail backed ~_rp and went into ACHD, I~M1D, and the developers, they fault. They have since put in a dr-~ain g to add to the problem. I they would supply a drain They never pi.,t it in so my Casement Lhen I tailed all said it wasn't their for the orchard. Alidjani: This problem with the flooding was that within the last six months or last spring o'r when`:' Hryan: It was approximately the end of J~.me, first of J~.,ly. Rlidjani: Haw long have you been there? Hr^yan: Six years. AlidJani: Ttus is the first trme you ever hatl a problem'' Rr^yan: The only time I had a pr^oblem is when that subdivision came in. Hepper^: Didn't the irrigation district, developers and the City Engineer have a meeting t0 get this resolved? Rr°yan: They had everybody out there having a meeting to try to figure a~.rt how to alleviate the problem. I haven't heard anything since. They decided the drain pipe in Chateau Meadows is inadequate, but that will J~_rst provide more water coming down. L'iscussion. (Tape on file) Johnson: Thank you. Anyone else to testify John Harnes, IN 4 Justin F'lace, was sworn by the attorney. Rar°n es: 1 wor_rld like to speak in favor ofi this development. Ihis is the Gest use for this property. The whole project is designed well and will make a nice neighborhood. Johnson: Rnyone else to testify% Helen Sharp, 2445 Wingate Lane, was swot°n by the attorney. Sharp: i am opposed to this development for many reasons. The Woods are very goad neighbor^s. Voiced concerns about the temporary emergency vehicle r^oad being installed and additional =hildren in area. r^eally think we need to plan for this. I believe in progr^ess but 1 have to question if this is progress. • (*iENltl ti-±N t~L biNi~lihlG fl BONING NOV. 12, 1991 i1AGE 1~~ Rlid;anx: I don't see why a s+_rbdxvision is against children`' Y!h at are yo!: prapcsing"' Sharp: The high density pap~_rlation in a given err^ea that crawds the schools In the immediate area. Hlid,)ani: What ea we do with them"~ Sheri^p: If the homes aren't mere they won't move that^e. Alid.7ani: Then where do they live? Sharp: I'm asking that yo~_i do a little bit mor^e planning -.gip front sa that schools have a chance to at least absor^b a little bit slower° than what they are having to do. Johnson: Anyone else to come forward? Dale Shar^p, 2445 Wingate Lane, was sworn by the attorney. Sharp: I have some of the same concerns including the traffic impact. My property goes across the irrigation road, it's the ditch rider road there antl there is a ditch on the other side of that ditch rider r^oad and that also belongs to me. They are talking about p~_rtting a 40 foot right of way, what does this encompass and are they going to put signs up they^e so people can't ~.rse that ditch rider road other than people that have reason to use it? At the pr^evious meeting I voiced the problem with the irrigation also. You p+.rt another^ subdivision in there and you will have more pr^oGlems. Johnson: Thank you. Rnyone else to testify? Dan Wood, b:'8 Lawndale, was sworn by the attorney. Wood: I will try to answer same of the g+_iestions asked. F'r^esented a Gook showing homes in the price range of E80,000.041 to E120,QIN0.Q10. My folks have owned this property far twenty years. Part of the problem we will all somewhat agree would be the south bo~_rndary of Chat ea+,r Meadows and it wo+_rld be Mirages north boundary, that pipe that was installed was somewhat of a problem from the very start. Hopef+.rlly we are going to get that corrected. With the ponds that we are yoing to have there sho!aldn't be as march water going down there. The catch ponds will take care of the water. The other issue that was brought up was about the emergency vehicle access. Don't see that this is a problem. fdt=RLDI(aN pLANNING & [UNINL, !JCV. lc. i9`i 1 r AuE 11 Wood: T^.e other iss~.re abo~_rt the schools, I can't answer the q~_restiorr un that one. There rs going to be mor^e growth a~.lt ther^e no matter. Ftu^ther E>;plan at.i on. r=+lid~7ani: Did 1 hear you indicating ttrat. there is a pr^oblem with the piping to oar^row and you will take care of it in the near f~.lture"+ Wood: No. What I'm indicating is in between Chateau Meadows and Mirage Meadows with what Don was saying is Chey have plans, 1 was under the impression this fall they were going to r^e pair the problem. 1=11 id~ani: So there is a plan that's on the way that would take care of some of the water problem. Further Discussion. .lohnson: Anyone else to testify? Hurke Hortrp, cb40 Wingate Lane, was savor^n by the attorney. Horrrp: Why can't we fix t:he water problem and know that it is fixed before we develop any farther I think we need to fix the problem then contim.le developing. Another q+.restion 1 have is, 1 don't think the Woods own Dixie Lane in its entirety. My family moved to Wingate Lane for the quality of life that. the privacy provides in that area. Nnw if a developer can come in and take a private lane to use it for ewer^gency access that doesn't have total ownerstu p, and 1 don't know if they do ar not, what prevents them f>^om taking Wingate Lane and doing the same thing? Cler^k Nieman r.: That is only going to be used fur Fire Trucks far emergency. borup: Hut yo+_n^ increasing it by 'i x. Johnsan: Agencies r^eact to gr^owth. Just like we react to things. We don't have jurisdiction over^ the irrigation water and I tYrink you 4cnow that. Porup: I'd like to see the problems iri the area taken car^e of before furtner-~ development takes ptace. MER1Dtard l~LAhn~11P~3 ~ zuivlraia NOV. ! c_, 1991 F'f-1GE Lc Alid.~ani: Wog-rldn't you say on the other hand that we are going to penalize Mr. Wood's development beca~-ise somebody else didn't do their .fob ~_ip front SQ10 yards ahead. It's dust not fair for either party. Gr^oblems with the school and traffic, the user pays for ~t. the proGlems go way hack. So far what I hear is that we have a water problem, the rest of it is supply and demand, it will take care of rtself. Johnsan: Thank you. Anyone else to testify? Aaron Sharp, 696 Fulmer Court, was sworn by the attorney. Sharp: It's sounds to be that the planning part of this process has been whitewashed. It's like we've gat growth and we are not. even planning for it. I think we should plan far rt. .iohnson: So yotr think we are not doing our .job? We do have a Comprehensive Flan which is made up or" public input. We want to attract ind~.rstry and be self-sufficient. Sharp: I'm all for growth. I think we are building subdivisions and then worrying about the schools. Johnson: Our^ Engineer tries to work these things o~-rt with Nampa Meridian Ir^r^igation. Thank yo~.i for your comments. Anyone else to testify? Lee Sty-icker, 2695 West Cherry Lane, was. sworn by the attorney. Stucker: I think the Commission does p~.it a lot of time and effort into trying the best that they can to develop proper plans. I think they are ma4cing every effort to develop a plan that is appropriate. I can appreciate people wanting prrvacy. I do think that appropriate planning is being done, we can never look ahead and see every obstacle that is befor°e us. If we cut o~_rt development then our grand kids won't be able to live here 3n the f~.rture. I appreciate the planning and efforts put into development. Pryor: I .dust want to say that I don't have a problem with development. When I had the problem I addressed it to Nampa Meridian, they said it is City of Meridian's problem not ours. I asked the City of Meridian and they say it's Nampa Meridian irrigation's problem. Maybe somebody can take responsibility fur the problem. MERIDIRN PLRNNIhIG 8 ZONING P~fOV. 1~'_, t99t pRCiE 1 Johnson: Thank yau. Rnyone else? IJO response. 1 wrll close the public hearing. Rountree: I have a couple of questions for Mr. Lee. Explain the Stokesberry Lateral, your proposing a forty foot right of way, I'm ass~.~ming that's a combination of existing easement and right of way there for the later^al as well as addit~onai properties put in easement by the Woods for that right of way. Lee: Tha±. forty foot dimension is a dimension that was estabi~shed by Nampa Meridran Irrigation District in their requirements for easements. They claim they already have the forty feet. Rotmtree: The only water coming off of this particular parcel would be that water that goes through the either piped or mod~fred or redirected irrigation flows. Rny s~.rrface water that would be generated by the development in terms of surface run off Gy code has to be maintained within that development and that's the only surface water that we can address. Lee: That's correct. Stokesber^r^y Lateral for indicates a fence alon continle that fence right that should take car^e of r^o ad. I might add another point about that Mr. Sharp. Our preliminary plat g our northerly propet^ty and we wrll across that stub street temporarily and any direct access to that ditch rider Crookston: Who owns the pr^bperty that Stokesberry Lateral is on that runs through? Lee: The actual ditch is on the parcel north of us. Crookston: There is no recorded easement and there is no deed for it? Lee: Well they recorded easements for ail their ditches in the County illegally. Hepper: This temporary emergency vehicle access, under what crrcumstances would that be used-+ Lee: It's strictly for fire protection and possibly medical emergency's and police. Hepper°: It would only be used if the main entrance was blocked. Lee: That's correct. MERIDIAN PLANNING $ ZONItdCi i.iOV. lc, 19'31 FA[sF 2 4 Hepper: Yo~_r said something abo~_it the street st~_rb to the south, the Woods. don't own the land from there to Fairview, is that correct? Lee: That's correct. Hepper: If I remember right at the time that. Chateau Meadows was put in there was a ]ot of people on Wingate Lane that wasn't rn favor of that. I would probably fig~.rre that at some point in the future that the whole area out there is going to be subdivisions. Lee: Eventr.rally. Johnson: Thanks Gary. Okay we will close (tie public hearing. Rountree: 1 have some questions to Clerk Niemann as it pertains to tcus drarnage problem. Uo we know if it's all irrigation water? What's happenrng? Niemann: The only time that it flooded Uon is when we had that big rain last. spring and Rschenbrenner was irrigating his beets. Ther^e is a problem, way before our time, down in Meridian place, it's my understanding is Nampa 1+7eridian let them put in like a 12" or 14" t he which isn't big enough. Explained further - See tape: Discussion: The Motion was made by Rountr^ee and seconded by Alid~ani to have the attorney prepare Findings of Fact and Conclusions of Law with one stipulation that addresses the issue of drainage and drainage water problems in the area. Motion Carried: All Yea: Johnson: No recommendation at this time. The Motion was made by Rlidjani and seconded by Rountree to ad,.7ourn at 9:0~ G.M.: Motion Carried: All Yea: (TAPE ON FILE OF THESE GROCEEUIN6S) .., • • MERIDIAN PLANNING & ZONING NOV. lc', 1991 PAGE 15 AP'P'ROVED: t` ~~~~ ~J I M~ JQHNSOhi, HA I RMAN ATTES7: / JH~ I I/ i TY CLERK hlayor 6 Council, P &~ Z Members, Atty, Eng., @1dg, Stuart, Ward, ACHD, NMID, ACC, Hallett, CDH, Valley News, Mail (b) File (6) 6EFORE THE MERIDIAN PLANNING AND ZONING COMMISSION SELLS, PATCH AND GIBBON REZONE APPLICATION 1331, 1323 AND 1335 EAST FIRST STREET MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing AMBROSE, FITZGERALD B CROO KSTON Attornoya antl Counaelore P.O. Boz a27 MerlOlan, Idaho 898/2 ulaononaeee~ust November 12, 1991 at the hour of 7:30 o'clock p.m., the Petitioners appearing in person, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter, makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing on the Rezone Application was published for two (2) consecutive weeks prior to the said public hearing scheduled for November 12, 1991, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the November 12, 1991, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations; 2. That this property is located within the City of Meridian and is owned by the Applicants and which property is described in the application which description is incorporated herein; that the property is presently zoned R-15 Residential; the FINDINGS OF FACE AND CONCLUSIONS OF LAW - PAGE 1 area in which Applicants' property is located is developed as a residential area but several of the properties have been rezoned to commercial. 3. That the Applicants propose to have the property zoned (C-C) Community Commercial. 4. That the C-C District is described in the Zoning Ordinance, 11-2-408 B. 7 as follows: (C-C) Community Business District: The purposed the (C- istrict is to permit the establishment of general business uses that are of a larger scale than a neighborhood business, and to encourage the development of modern shopping centers with adequate off-street parking facilities, and associated site amenities to serve area residents and employees; to prohibit strip commercial development and encourage the clustering of commercial enterprises. All such districts shall have direct access to transportation arterial or collectors, be connected to the Municipal Water and Sewer systems of the City of Meridian. 5. That the properties have frontage on East First Street; that one of the properties has been previously used as an insurance office under a conditional use. 6. That the uses of the properties surrounding the subject gMBROSE, FITZG ERALD 6 CROOKSTON Attomaye and Copnaelora P.O. Boz 62] Merltl lan, Itle~o 89802 TalepNOne 8880081 property are for single family dwellings but several of the properties have been rezoned. 7. That there was no testimony at the hearing objecting to the Application; that no specific uses were mentioned for the properties to be rezoned. 8. That sewer and water is available and are connected to the properties, but the use may require additional charges and FINDINGS OF FACE AND CONCLUSIONS OF LAW - PAGE 2 fees. 9. That comments may be submitted by the City Engineer, Nampa Meridian Irrigation District, Meridian Police Department, Ada County Highway District, Meridian Fire Department, and the Meridian Sewer Department and other agencies and those comments will be incorporated herein as if set forth in herein. 10. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been followed. 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 Applicants' property. 2. That the City has the authority to take judicial notice of its own ordinances, other governmental statues and ordinances, and of actual conditions existing within the City and state. 3. That the City of Meridian has authority to place AMBROSE, FITZGERALD B CROOKSTON A~~orneya antl Counselors P.O. Boa <ZT Merltllen, IONo 838sY TelepNOne BBed~61 conditions upon granting a zoning amendment. 4. That the City has judged this Application for a zoning amendment upon the basis of guidelines contained in Section 11-2- 416 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of FINDINGS OF FACE AND CONCLUSIONS OF LAW - PAGE 3 ', Meridian, and the record submitted to it and the things of which it can take judicial notice. 5. That 11-2-416 (K) of the Revised and Compiled Ordinances of the City of Meridian sets forth standards under which the City shall review applications for zoning amendments; that upon a review of those requirements and a review of the facts presented and conditions of the area, the Planning and Zoning Commission specifically concludes as follows: (a) The property is in an area where commercial and office uses are likely to desire to locate and there has been several properties in the area rezoned to commercial. The new zoning should be harmonious with and in accordance with the Comprehensive Plan and no Comprehensive Plan amendment is required. (b) The area is on the main street of Meridian where substantial commercial property is located. A rezone of the subject property is in line with that use. (c) The area around in the proposed zoning amendment is developed in a residential fashion but has had several properties rezoned. The new zoning of C-C Commercial should not be contrary to the other uses in the area. (d) There has been a change in the area or adjacent area which dictate that the property should be rezoned and the area is very likely to be developed in an office or commercial fashion. (e) That the property is designed and constructed to be harmonious with the surrounding area. (f) Commercial uses should not be hazardous or disturbing to the existing or future uses of the neighborhood. (g) The property will be able to be adequately served with public facilities, and connection to municipal AenRROSE, sewer and water is required. FIT2G ERALD 6 CROO KSTON (h) Commercial uses should not create excessive All°~°°Y°°na additional requirements at public cost for public c°""°el°'° facilities and services and would not be detrimental to R.o. Rox ezT rA.na~~m°n° FINDINGS OF FACE AND CONCLUSIONS OF LAW - PAGE 4 T°IaOnone 888-<081 the economic welfare of the community. (i) The proposed use should not involve any detrimental activity to any person's property or the general welfare. (j) Development should not cause a significant increase in vehicular traffic and should not interfere with surrounding traffic patterns in that the property has substantial street frontage. (k) That this rezone will not result in the destruction, loss or damage of any natural or scenic feature of major importance. (1) The proposed zoning amendment is in the best interest of City of Meridian. 6. It is further concluded that the comments, recommendations and requirements of other governmental agencies will have to be met and complied with. 7. That any signs placed on the property shall meet the Meridian Sign Ordinance and shall not be lighted so as to shine in the eyes of vehicles traveling on East First Street. 8. That since the uses of the properties are not known, any AM BROGE, FITZGERALO &CROOKBTON Attorneys and Counselors P.O. Box IZ] MerlEisn, IEaKo Bsaxz TelapNOne BBBJ~81 uses and the properties shall be subject to design review. FINDINGS OF FACE AND CONCLUSIONS OF LAW - PAGE 5 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL P, COMMISSIONER HEPPER VOTEDi`haf-_ COMMISSIONER ROUNTREE VOTED `~~' ~ COMMISSIONER SHEARER ~/ ~ VOTED f~tCfbd(~,n COMMISSIONER ALIDJANI VOTED~~`l ~ CHAIRMAN JOHNSON (TIE BREAKER) VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends AMBROSE, FITZGERALD 6 CROO KSTON Attorneys and COUna810ra R.o. eoa azT MerlOlan, IEeno e~+~ TaleOnone 888-~~81 to the City Council of the City of Meridian that they approve the Rezone requested by the Applicant for the properties described in the application with the conditions set forth in the Findings of fact and Conclusions of Law and that the property be required to meet the water and sewer requirements, Fire Department requirements, Sewer Department requirements, the Nampa Meridian Irrigation requirements, the fire and life safety codes, and the Uniform Building Code, and other Ordinances of the City of Meridian, and shall be subject to design review. MOTION: J APPROVED: ~~t -'~'-~' -~ DISAPPROVED: FINDINGS OF FACE AND CONCLUSIONS OF LAW - PAGE 6 w r BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN KATHY ROOT ACCESSORY USE PERMIT 1255 DARRAH MERIDIAN, IDAHO AMSROSE, F1T2G ERALD B CROOKSTON Attorneys and Counselors P.O. Sos A2] MerlElan, lama 83842 TeleOnone 8864481 FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing November 12, 1991 „ at the hour of 7:30 o'clock p.m., the Petitioner appearing in person, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing on the Rezone Application and the Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for November 12, 1991, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the November 12, 1991, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations; 2. That this property is located within the City of Meridian and the Applicant owns the property which property is described in the application which description is incorporated herein; that the surrounding properties are residential homes. 3. That the Applicant requests an accessory use permit for the operation of a Family Child Care Home; that such use requires gMBROSE, FIT2G ERALD BCROOKBTON Allomaya and Counsalore P.O. Box ~2T Marldlen, ItlNo 838'2 Telapnone 888-4181 an accessory use permit in any zone where allowed. 4. Ttrat the property is contained in the CAIRNS neighborhood as designated on the Policy Diagram at Page 7 of the Meridian Comprehensive Plan; neighborhoods are defined in the Plan at Page 6 and states as follows: "Definition: The neighborhood is a residential area with'- uniform characteristics of a size comparable to that usually served by an elementary school or a small business convenience center or a local park. Although neighborhoods occur in various shapes and sizes, a section of the City measuring one-half to one and one- half miles across is usually used for planning purposes. It has facilities within easy walking distances and provides the basis for community identification." 5. That the use proposed by the Applicant is set forth above and the Applicant proposes to care for 5 or fewer children and indicates that she will be state licensed and is attempting to obtain that license. 6. That the day care use proposed b•y Applicant is an allowed accessory in the R-4 and R-8 districts of which the Applicant's property is zoned. 7. That the subject property is occupied by the Applicant and her family; that the yard is completely fenced and the Applicant testified that there was no gate in the fence; that the property does have irrigation canals or facilities in the area; that these canals and irrigation facilities are a visible hazards. 8. That sewer and water is already connected to the property, but the use may require additional charges or fees. 9. That there was written and oral testimony submitted in opposition to the application; that the reasons cited as grounds for objection relates to the proximity to Five Mile Creek and to AMBROSE, FITZG ERALD SCROOKSTON Allorneyf entl Couneelore P.O. Boz t2] MBtltllln, Itle~o 83NI TeleP~onn BBB~U81 another irrigation ditch, the fact that the Applicant lives on a dead-end street and as such there is little parking, it was expressed that the day care would interfere with the residential character of the area and would hinder the resale of property. There was no testimony submitted in favor of the Application but there was one letter submitted supporting the application. 10. That the Applicant testified that the children would be supervised at all times; that her hours of operation would be from 7:00 a.m. to 6:00 p.m.; that she was now caring for 4 children, two from her neighborhood and two from outside of the neighborhood; and that she had parking spaces for three cars in her driveway; and that she lived on a cul-de-sac. That the Applicant also testified that her license from the state would allow her to care for up to six children. 11. That the Applicant does not live on an arterial or collector street. 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 which abut the external lot or boundary lines of the property under consideration. 2. That the City of Meridian has authority to grant Accessory Uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-410 D of the Revised and Compiled Ordinances of the City of Meridian; and 3. That the City has the authority to take judicial notice of its own ordinances, other governmental statues and ordinances, and of actual conditions existing within the City and state. 4. That the City of Meridian has authority to place conditions on an accessory use permit 5. That 11-2-410 D of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission shall review applications for Accessory Use Permits; that those standards are as follows: Family Child Care Home Standards: It is the intent of this provision to provide for accessory family child care homes which will not adversely impact surrounding properties due to children's noise, traffic and other activities, and which are located away from and properly screened from adverse impacts to the health, safely and welfare of the children. The following conditions shall apply: (1) Secure and maintain a child care license from the Idaho State Department of Health and Welfare-Child Care Licensing Division if required. (2) Acquire an occupancy certificate. (3) Provide one (1) off-street parking space per employee which may be the driveway to the home. (4) Provide for child pick-up are located off or arterial or collector streets. (5) Provide for screening of adjacent properties to protect children from adverse impacts and to provide a buffer between properties. (6) Provide for a fence of appropriate height/construction, to enclose play areas, protecting children from traffic on arterial or collector streets. 6. That due to the proximity of the irrigation facilities AMBROSE, F1T2G ERALO B CROOKSTON Attorneys en0 Counselors P.O. Bos 12] MarlClAn, IEaNo 83812 TelaPNOne BBB-N81 and waterway nearby to the property, the Applicant keep the children in the fenced yard at all times except for drop-off and pick-up times when the parents shall be required to bring the children into the Applicant's home and come into the home to the pick the children up. The children shall at no time be allowed out side of the fenced area when not accompanied by an adult. AMBROSE, FITZG ERALD BCROOKSTON AttomeYS antl Counselors P.O. Boa 627 Meritl lan, Itlaho &9802 Telephone BB8~0081 That the City has judged this Application for an accessory use permit upon the basis of guidelines contained above and the record submitted to it and the things of which it can take judicial notice. 7. That the State of Idaho Health and Welfare Child Care Licensing for a Family Child Care Home allows up to Six (6) children to be cared for but the ordinances of the City of Meridian only allow up to five (5) children under the Family Child Care Home. The Applicant shall be limited to a maximum of five (5) children to be cared for under this accessory use permit. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER VOTED ~`'v' COMMISSIONER ROUNTREE VOTED ~7`' - ~- COMMISSIONER SHEARER VOTED COMMISSIONER ALIDJANI VOTED'~~~_. CHAIRMAN JOHNSON (TIE BREAKER) VOTED~___ DECISION The Meridian Planning and Zoning Commission hereby approves the Accessory Use Permit requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law, which specifically include the requirements and conditions cited in AM BROSE, FITZGERALD &OROO KSTON Atlornaya anE Counselors F.O. BOY s2T Marl0lan, Idaho 83NY TelaOhone BBB-NB1 Conclusions of Law number five (5), six (6) and seven (7) set forth above, and that the property be required to meet the water and sewer requirements, the fire and life safety codes, and the Uniform Building Code, and other Ordinances of the City of Meridian. The conditional use shall be subject to annual review upon notice to the Applicant by the City. MOTION: ~(, APPROVED:/'i r, -~ DISAPPROVED: __ROLL CALL ~~~ l~ .^ BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION GORDON R. WOOD AND MARGARET WOOD ANNEXATION AND ZONING NORTH 1/2 NORTHEAST 1/4 SOUTHWEST 1/4, SECTION 5, T. 3 N. R. I E. MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on November 12, 1991, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Council having heard and taken oral and written testimony and the Applicant, Dan Wood, son of the owners and the developer of the property, appearing in person and through his engineer, Gary Lee, and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning AM BROSE, RITZGERALO fi CROO KSTON Attorneys antl Caunaelora P.O. Box a2T MarlOlen, Itle~o B38a2 TeleononeeBBaei was published for two (2) consecutive weeks prior to the said public hearing scheduled for November 12, 1991, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the November 12, 1991, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were made available to newspaper, radio and television stations. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 1 AMBROSE, FITZG ERALD &CROOKSTON Attomaye ena Counselors P.O. Boa 427 Maritl lan, Itlaho eas4z Telephone BBB~4481 2. That the property included in the application for annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is approximately 20 acres in size; it is north of Fairview Avenue and east of Locust Grove Road. 3. That the property is presently zoned by the county RT (Rural Transition) and the proposed use would be for R-8 Residential but with only single family dwellings. 4. The general area surrounding the property is used agriculturally and residentially; that most of the residential property is zoned R-8, Residential. 5. That the property is adjacent and abutting to the present City limits. 6. The Applicant is Dan Wood and he is not the owner of record of the property but is the owners' son and the owners, Gordon R. Wood and Margaret Wood, have requested annexation and consented to the Application. 7. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 8. That the entire parcel of ground is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 9. That the Application requests that the parcel be annexed and zoned R-8 Residential but that only single family dwellings will be constructed on the lots; the Application further states that the minimum lot size will be 7,000 square feet and that the FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 2 minimum house size will be 1,300 square feet; that the present use of the property is for agriculture and for a residence; 10. There were property owners in the immediate area that testified and objected to the application stating that there were water and drainage problems in the area and that those problems needed to be resolved before additional development is allowed, that the development would interfere with the rural quality of life in the area, and that the development would further impact the school district by the likely addition of children. That the drainage problem in the area was not likely to have been caused by the owners or the owners' property, it appearing to have been likely caused by the Chateau Meadows East subdivision or down stream development that did not adequately size drainage pipes and devices. 11. That in the immediate area there are other subdivisions that have been developed in the past three to four years and are on-going developments and there is likely to be additional development of those subdivisions. 12. That the property is in the NORTH CURUE Neighborhood as AMBROSE, F1T2G ERAlD dCROOKSTON Attomeya entl Coonaelors P.O. Boa a2] McMtlisn, ItlNo eaeaz TelePNOne BBBJa81 set forth in Policy Diagram in the Meridian Comprehensive Plan; that under Housing Development on page 25 and 26 of the Comprehensive Plan, property inside the Urban Service Planning Area may be developed at greater densities than one dwelling unit per acre and it is the policy that a density of greater than 1 dwelling unit per 5 acres may not be exceeded outside of the Urban Service Planning Area. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 3 13. That in the Rural Area section of the Comprehensive Plan it does state that land in agricultural activity should so remain in agricultural activity until it is no longer economical to exclude orderly growth and development to maintain agricultural pursuits. 14. That Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots. 15. That the property can be serviced with City water and sewer. 15. Ada County Highway District did not submit comments but they may, the Department of Health, the Nampa Meridian Irrigation District, City Engineer, Police Department and City Fire Department submitted comments and such are incorporated herein as if set forth in full. The Meridian School District submitted comments and they are also incorporated herein as if set forth in full. 16. That the R-8, Residential District is described in the AM BROSE, F1T2G ERALO 6 CROO KSTON Attomeya end GOUOBBIOfa R.o. eo. a2T Menalaa laeno eaBaz Teleplrona BBBa~61 Zoning Ordinance, 11-2-408 B. 2. as follows: (R-8) MEDIUM DENSITY RESIDENTIAL DISTRICT: The purpose the~j District is t~ o permit the establishment of single and two (2) family dwellings at a density not exceeding eight (8) dwelling units pre acre. This district delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two (2) family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal Water and Sewer systems of the City of Meridian is required. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 4 13. That in the Rural Area section of the Comprehensive Plan it does state that land in agricultural activity should so remain in agricultural activity until it is no longer economical to exclude orderly growth and development to maintain agricultural pursuits. 14. That Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots. 15. That the property can be serviced with City water and sewer. 15. Ada County Highway District did not submit comments but they may, the Department of Health, the Nampa Meridian Irrigation District, City Engineer, Police Department and City Fire Department submitted comments and such are incorporated herein as if set forth in full. The Meridian School District submitted comments and they are also incorporated herein as if set forth in full. 16. That the R-8, Residential District is described in the AMBROSE, FITZGERALD B GROG KSTON Attorneys end Counselors P.O. Box 02T MB/Itl lsn, IEano BTB12 TalaOhone BBB~~~81 Zoning Ordinance, 11-2-408 B. 2. as follows: (R-8) MEDIUM DENSITY RESIDENTIAL DISTRICT: The purpose the R-8 District is to permit the establishment of single and two (2) family dwellings at a density not exceeding eight (8) dwelling units pre acre. This district delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two (2) family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal Water and Sewer systems of the City of Meridian is required. (FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 4 AM BROBE, FITZGERALD B CROOKSTON Attorneys and C.OIIn9810r8 P.O. Boz 02] Merltllan, Kano eBS~z TelePnone BBBJ.t81 17. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission were given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local ~, Planning Act and of the Ordinances of the City of Meridian have (been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that the exercise of the City's annexation authority is a Legislative function. 3. That the Planning and Zoning Commission has judged this annexation and zoning use application by the standards contained in Section 50-222, Title 57, Chapter 65, Idaho Code, the Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions (FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 5 ~~ AMBROSE, F1T2G ERALD 6CROOKSTON Attomeya an0 Coonaelora V.O. Box 62] MerlOlan, IEano 836/2 TelaOnone bab-H61 existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant, with the consent of the owners, and the annexation is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616 which pertains to development time schedules and requirements; that the Applicant will be required to connect to Meridian water and sewer; that the property will be subject to Site Planning Review and the Subdivision and Development Ordinance. 10. That the requirements of the City Engineer must be met, specifically including but not limited thereto, his comments that the emergency access road must be an all weather surface, some provision must be made for maintenance of emergency access and the drainage swales, and a blow-off valve must be placed on all dead-end water mains. That engineering plans must be submitted to the City Engineer for his approval for the conveyance of irrigation water and drainage through the subdivision to meet the historical drainage responsibilities of the property; that the .FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 6 Applicant should co-operate with the City and other land owners and developers in the area and west of Locust Grove Road to ascertain the water drainage problem to resolve it. 11. That the requirements of the governmental agencies and irrigation districts other than the Meridian School District shall be complied with as a condition of annexation; that while there no doubt is a school overcrowding problem, which development of the subject property would only contribute to, such is not the sole responsibility of the City to solve and any solution, such as the requested $500 impact fee proposed by the School District, if attempted by the City without Boise and Eagle and Ada County, would isolate the City and cause other adverse impacts far the City. Any solution to the school problem must at least be School District wide and include all governing jurisdictions and the need for such solution is imminent and must be pursued as soon as possible or the failure to reach a solution may cause the cessation of residential development. 12. That proper and adequate access to the property is available and will have to be maintained. 13. That since the Applicant's property is in the NORTH AM BROSE, FITZG ERALD 6 CROONSTON Atlorneye and Counselors P.O. Boa 62] Merltl len, Itleno 89812 releononee9e~us+ CURVE NEIGHBORHOOD of the Comprehensive Plan, the annexation and zoning Application is in conformance with the Comprehensive Plan and does not conflict with the Rural Areas policies. 14. Therefore, based on the Application, the testimony and evidence, these Findings of Fact and Conclusions, and the Ordinances of the City of Meridian, it is ultimately concluded FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 7 that Applicant's property should be annexed and zoned as requested; that the development of the property shall be at a density of not greater than four (4) dwelling units per acre; that the conditions should be those stated above and upon issuance of final platting and other conditions to be explored at the City Council level; that such annexation would be orderly development and reasonable if the conditions are met; that the property shall be subject to de-annexation if the R-8 density is exceeded and no dwellings other than single family dwellings shall be allowed and this restriction shall be noted on the plat of the subdivision. 15. That all ditches, canals, drainages and waterways shall be tiled as a condition of annexation and if not so tiled the property shall be subject to de-annexation. 16. With compliance of the conditions contained herein, the AMBROSE, FITZGERALD B OROO KBTON Ad0lOey5 d00 COUn9el0(8 P.O. Boz d2] MeriE lan, Keno Bssdz TeieonmeeBB+dai annexation and zoning of R-8, Residential would be in the best interest of the City of Meridian, however, as requested in the application, the subject property shall be limited to lot sizes of at least 7,000 square feet and all structures must be at least a minimum size of 1,300 square feet. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 8 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER VOTED~~~ COMMISSIONER ROUNTREE VOTED_~ % i COMMISSIONER SHEARER VOTED '%~ ~ COMMISSIONER ALIDJANI VOTED CHAIRMAN JOHNSON (TIE BREAKER) VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends AMBROSE, FIRGERgID 6CROOKSTON Atlornaya and Counsalon P.O. BOR /21 Maridlan, ItlMo e3e.s TelaDhone tl8&//81 to the City Council of the City of Meridian that they approve the Annexation and zoning requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law and that the Applicant be specifically required to the all ditches, canals, drainages and waterways as 'a ~Qndition of annexation, that the lot sizes be PR1p,~'" a limited tor,7,000 square/feet and the structure sizes constructed ~~ •t~~lc,~t«..--~~! thereon be at--list 1,300 square feet in size, and that the Applicants meet all of the Ordinances of the City of Meridian, specifically including the development time requirements. MOTION: APPROVED: f~yZ ;~~ ~~ DISAPPROVED: ~"~~ FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 9