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HomeMy WebLinkAboutDanbury Faire Subdivision RZ... r 1 APPLIATION FOR ANNEXATION APPROVAL & . ZONING OR ONE MERIDIAN PLANNING AND Z ING COMMISSION FILING INFORMATION I. GENERAL INFORMATION (PROPbSED NAME OF SUE{DI'VISION) ~~~~- S~~'fia~J ~' T'~~J• , ~-1~..8.Yn-. FDA- Gau,v-t~r. I2 (GENERAL LOCATI N) (LEGAL DESCRIPTION - ATTACH IF LENGTHY) 1-0-~~~_$1~~. l ~ihn ~-f -' ~ ~ 8~~.~.. ~a~Dav-bu.vh~.. ~u.tr Sub~~J4S~d~/ ~o. ,~o .khe Sou 35.00 ~„~ o~ I,~,~Z, ~tiock.. ~,~ ~ SD r 30 ~ ~ ~ ~ ~ (,o-h- 2 , BLo Dlr.- 2. ©~. ~Gw~ bu,v~ ~ua,/ su,b~w/1,~ ~~r ~- ~ (O~(S^) 0 RECORD) NAME) (TELEPHONE NO.) ~i.W • ~ lr~G. ~5 ~3 ~ - 8a~s~ (ADD ESS) (APPLICANT) (NAME) .-- (ADDRESS) (ENGINEER, D (ADDRESS) lrtc~ PLANNER) P~~s~. l0~ ~3~~4~syl~s~ (TELEPHONE N0.) (TELEPHONE N0.) (JURISDICT~IOoN(S) REQUIRING APPROVAL) ~' l"`~'~ (TYPE OF SUBDIVISION - RESIDENTIAL, COMMERCIAL, INDUSTRIAL) +50 ~{~ ACRES OF LAND IN CONTIGUOUS OWNERSHIP. (ACCEPTED BY:) (FEE) `L ,~ -.~./~% `t` PIONEER TITLE COMP OF ADA COUNTY 821 West State Street Boise, Idaho 83702 (208)336-6700 888 North Cole Road • Boise, Idaho 83704 (208)377-2700 P-107035 ib/liEli y 1 6~ t'ION ~ °• ADA COUNTY, I D. FOR J. DAVID NAVARRO REOORDER BY '91 G PSI q '~ SPACE ABOVE FOR RECORDING DATA WARRANTY DEED (INDIVIDUAL) FOR VALUE RECEIVED RICHARD A. ALLISON and TONI E. ALLISON, husband and wife, GRANTOR(S), does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto B • W • I NC . , an Idaho Corporation, GRANTEE(S), whose current address is: 1523 E. BOISE AVE., BOISE, ID 83706 the following described real property in ADA County, State of Idaho, more particularly described as failows, to wit: LOT 6 OF EAST SIDE ADDITION TO MERIDIAN, ACCORDING TO THE PLAT THEREOF FILED IN BOOK 4 tJf PLATS AT PAGE 158, RECORDS OF ADA COUNTY, IDAHO. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantee(s) heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said Grantee(s), the Gtantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (includes irrigation and utility assessments, (if any) for the current year. which are not yet due and payable, and that Grantor(s) will warrant and defend the same from all lawful claims whalsocvcr. Dat m 0 991 STATE OF,•~•"•'[Id, o .County of Ada , ss. On this ~,~ ,, = ~`'~' day of Decembez , in the year of 1991 _ , brfure me • 3anet L ~ Blosch _...__. a notary public, -. _.~... _~__~ . •1.f--- _-~ T.-J L• Al ~., ...... ~--'1 _ `know~trr ic(cnlilicd ~,i ant` to he the Itt•rsnn Isl whose name Isl _ . ttre insi~ttment. ~nd'acknot4ledtu°d to me that t he ~ executed the same. j suha'ritr•d trr) the within _.. ,~' ~{ Notary PuHtis:_ %ci'w"t ~ `'' '~ LL~~. Residing at: Boise, Idaho My Commissior~•Px~(iires: 3 / 17 / 93 ~,---~~ /~~ ti BASIS OF~ BEARING-, ~ E. PINE STREET S. 89'07'04" W. ~ _ 11 N 2647.51' ~ 1166.0 89'0704" W. 14.69' ~~~F.~ ~ 1323.76 ~ .....-* ~ u ~= i0 s,,," 4 ~ it .= 1 ~ `}~ ~ °Z o x & ~ - 4~ k~~ "k`~ ~ .P 7" is ~ Z ~ [~ • .'<'v~r ~ O ~. ~ ~~~ P !~. s. 8s~57' " v ~ © W o Z ~ 1+1 S 8957'01" E ~a I~Qp a ~ N~ g Z S. 89'57'01• ~. D ..., tD o0 O O ~ s. 8937'rn• E ~ z~ .'..~ ~ O W v s. 89~7~01" E y ~ 148.1 C-8~1 Z m I O O 17.30' V C-`~ N. ST48'1~5'CE.4~ ~ 84. . 53'24'39' E • 2245' n %Jj ~ O r o ~..- '00 7 O~ ~~~pl. 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O 1 •a~ ~ a ~ ~ ,~ ~ O .W.L.S.AO 'N ~ 3 .~O,LS.6Q 'S C oo°o • MQ Z ~ ~ ~ ~ © ~~ ~ ~ ~ F ~ W z z . M .w.csss ~ ~ ~ .w.csse a~ ~ F . .. N p ~ O ® O~ C C 0~~. ~ SID ~ ~ (~ ~"' •a p® ~ p® ~ ~ ~ _ ~ ~' a ~ ~p ~ ~ M .IO.LS.~ 'N _ ~ 4j ~ N ~ O ,- u .. ~~ ,~,..`:'3q .mac O ~ ~~~'ttf"*r:Pi7".~~ :~^. "w'd~-'_ yam' fy Lai.: _'•' '~~-~~' ~ s ~~ . ~ 9L•£zsc 8 :t~~,69'1-L 'M . L0.6B ~o•ss~t ~ ~s•c~-sa 133tl1.S 3N Id ' 3 .M .~~ t-9N121d38 ~~0.. S~8 ~~illlll I II H ~ N Hd d C~ ~ r~ iyyni ~~ i"~~i C C~ G70 O ~ 3 O 3 ~ G ~ ~ ~ H F~C ~ FL' H CrJ N n ~ CrJ 3 o ~ ~ ro d d n ~ ~ c~ ~ v, C~ C ~ I H F-I ',per ~n C~J d H i-t n d t~ Ca 2 ,,~,~, ~ Z ~ ~ d ~ z y ~ ~ d ~j y~ ~j ~ y H ~ (n ~ O n ~y H ~~ OO G ~ ~ d C H O Z~ o C~ Z r H ~ N y ~ o ~ ~ Z b g y~~ ~ r ~ ~ Z ~ ~~ ~N ~~d N ~ ro Z~ K ~~ ZO ~ H ~ ~ d CrJ 7d • 3 d ~ 1~ y N • N N y wTi O y '~' ` ~ ~~ R' 3 y 2 d z ~ ~ d ~ ~ 3 F~, ~ y .. ~ ro a'' ?] b d ~ y ~ ~ H H ~ O y ~ n o ~ ,~ ~ o ~ b H tin r ~- t~ ~ ;~ v iii y ~ ~ H O r ~ ~ v ~ vCi '~~ `~ ~ K 8 ~ ~ ~ ~ ~• ~ d ~ ~ ~ ~ ~ ~ (N m ~yi K f..~ -~ •• ~ ~ N W `~ • F-' W V ~ N ~ ~ . ~ ~ ~~ W d ~ ~ ~ ~ ~ ~~~ o ~ '~~ d ~ H Gi U N ~ ~ ~~ ~ ~ ~ ~ ~~ ~ ~~ ~ to ~ .~ r, ~1 r~ ~ ~ oN~ b ~. T ~ y ~. ~ p O H ~-3 ~ ~ ~ w O O t" O '=J l'a ~, z h] "'C ~ ~' C+] ~ ~ ~ U1 ~ ~ ~ _ ~ ~ i i REZONE REQUEST LO TO R-8 B & W INC. COMMENT S 1: ACRD: SEE C~V'I'S ATTACHED: 2: CENTRAL DISTRICT HEALTH: NO OBJECTIONS TO THIS PROPOSAL: 3: SCHOOL DISTRICT: SEE T,F'T*rFR ATTACHID: 4: CITY ENGINEER: NO CQDM~IDVTS: 5: FIRE DEPT: NO OBJECTIONS: ~: POLICE DEPT: NO OBJECTIONS: JAMES E. BRUCE, President GLENN J. RHODES, Vice Prudent CHARLES L. WINDER, Secretary TO: ACHD Commission FROM: Development Services INTER-DEPARTMENT CORRESPONDENCE MERRZ193/DSTECH i-z~-93 DATE: January 20, 1993 SUBJECT: MERIDIAN -REZONE Pine & Stonehenge LO to R-8 (B .W. , Inc. , 1523 E. Boise Ave. , Boise, ID 83706) FACTS & FINDINGS: 1. B . W . , Inc . is requesting a rezone from LO to R-8 of property located on the northeast and northwest corners of Pine Street and Stonehenge Way. The property was recently platted as lots in Danbury Fair #1 Subdivision, a single family residential subdivision. There is a note on the plat which prohibits direct lot access to Pine Street. 2. Pine Street currently has 55-feet of right-of-way (30-feet north and 25-feet south of centerline) and is improved with 32-feet of pavement. There are curb and sidewalk improvements (41-foot street section} along the parcel frontages. The 2000 Urban Street Functional Street Classification Map designates Pine as a collector roadway. 3. Stonehenge Way is a local street that has 50-feet of right-of-way and is fully improved with a 36-foot street section. 4. This application is scheduled for public hearing by the Meridian Plan- ning & Zoning Commission on February 9, 1993. The following requirements are provided to Meridian Planning & Zoning as conditions for approval. SITE SPECIFIC REQUIREMENTS: 1. Direct lot or parcel access to Pine is prohibited, in compliance with District policy. ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 MERIDIAN RZ Pi~& Stonehenge LO to R-8 January Z0, 1993 Page 2 STANDARD REQUIREMENTS: 1. Submit site drainage plans and calculations for review and appropriate action by ACHD. The proposed drainage system shall retain all storm water on-site. 2. A right-of-way permit must be obtained from ACHD for any street or utility construction within the public right-of-way. Utility cuts should be combined where practical to limit pavement damage. Conta.et Con- struction Services at 345-7667 (with zoning file number) for details. 3. A request for modification, variance or Waiver of any requirement or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar days of the original Commission action. The request shall include a statement explaining why such a requirement would result in substantial hardship or inequity. Should you have any questions or comments, please contact the Develop- ment Services section at 345-7662. STAFF SUBMITTING: DATE OF COMMISSION APPROVAL: Larry Sale ~:{:.H.D. -ENG. CENTRAL • • DISTRICT REVIEW SHEET C HEALTI~ Rezone # ~- ~ ` ~ ~ ~ Conditional Use # Preliminary/FinaUShort Plat Return to: ^ Boise ^ Eagle ^ Garden City Meridian ^ Kuna ^ Acz ~- 1. We have no objections to this proposal. ^ 2. We recommend denial of this proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this proposal. ^ 4. We will require more data concerning soil conditions on this proposal before we can comment. ^ 5. Before we can comment concerning individual sewge disposal, we will require more data concerning the depth of ^ high seasonal ground water ^ solid lava from original grade ^ 6. We^can approve this proposal for individual sewage disposal to be fixated above solid lava layers: 2 feet ^ 4 feet ~- 7. After written approval from appropriate entities are submitted, we can approve this proposal for: Central sewage ^ Community sewage system ^ Communiity water well ^ Interim sewage ~ Central water ^ Individual sewage ^ Individual water ^ 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental duality: ^ Central sewage ^ Communiity sewage system^ Community water ^ Sewage dry lines ^ Central water 9. Street runoff is not to create a mosquito breeding probelm. ^ 10. This department would recommend deferral until high seasonal ground water can be determined 'rf other considerations indicate approval. ^ 11. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 12. We will require plans be submitted for a plan reiew for any: ^ Food establishment ^ Swimming pools or spas ^ Beverage establishment ^ Grocery store ^ 13. ^ Child Care Center DATE: ~ r~~~ ~ Reviewed by: `- 2 CDHD 10-91 rcb ro ~ I ~~ I I I I I ~ z V I I I I I I ~ ~ ~I I I I I N~ ~ V I I I ~~ ~z~~~ ~~~~~H ~~~~~~~o o ~n~3 H O r b rd C7 0~~ fC N ~j t+ n Cb 3 3 O !Q~ c ~ N ~ ~ r O H H ~ ~ ~ v C~J ~ ~ ~ ~ C+7 Fi ~ O Z o ~ r 3 td=J Z !n ?~ ~ ~ [=1 [~] x ,b H H ~ ~ Gf H N 0 ~ ~ ~ ~ ~ Fyy-I ~ 'Tj 4~ H C/j ~ ~] ~I ,b~ U] L1] H N ,(~ ~ y ~ ~ ~ ~ ~ 8 ~ ~ ~ ~ ~ ~ ~ ~~~b".~ ~~~d H ~ z ~ 3 ~ d ~ ~ y ° ~' ~ H H ^ 3 ~n H o y ; rop n ~ ~ r --+ y Z 0 z~ CrJ H -t ~ ~ z~ r~r~ d ~ b H 3 ~! t-r H ~ 3 ~ ~ ~ .. ~ t~ r' r << c H trJ ~ d ~" H r bd H b E-~ O H ~ C"' 2 ~ ~ ~ ~ ~ H ~ ~o ~z r ~ z ,~°~ r k~ ~.. ~ K ~~ w K K ~~ Z H ~ ro ~~ ~s~~~ d ..tr~ C ~ cn `~ oo ~ z H ~~ ~ zro~~ w~ y ~~~~ro N c ~ r N ~ ~ ~ ~ ~ Z ~ H • w ~ d N ~ ~ Cs7 .. .. ~~ ~ ~ ~ ~ ~ ~ ~ ~rc w ~ .~ ~ ~ ~ ~; w O ~ H H~ y d a'+ x1 ~ ,,,~ ,.d 7 o ~ ~~~ ro ~~~~x .. c ~o H H H ~ ... ~ ~ 1C0 3 ~ b ~ N ~ -HaJ R'~ ~ G7 7 CrJ [r~ x1 ~ R'+ ~ ~ ~~~~ ~ ~ ~o~~ H ~ ~, U] ~ ~ N ~ ~ ~ U1 ~ ~ n ~ H r" r ~ ---~ ~ .. z r ~ rr~ C~ y ~ ~ij G~ ~ N ~ .. ~~r ~ z ZZ~~ ~ ~ ~ ~ ~ H O NNr W `~ _ O y ~ ~ ~ ~ rn K _ f3 ~ •• ~iiiii N ~ ~ O d CrJ ~ ~ ~ O C~ O ~ O t~l~ y ~ ~ ~ ~ ~ r ~ ~ r Z ~ ~ ~ H ~ ~ b o r ~ z z 3 H d ` 4 b ~ 3 H o ~ ~ ~ ~ 3 ~ N ~ ro '~ ~ '~ d H y H ~ ~„~ Z H C=~ 't7 ~ C'i H H k r ~ z° [rJ ~ ~~.. ~~ ~ H ~~ w~ v ~~ ' w ~ b d H y H .. 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K K ~ v ~ H H .~ III O H I[t H ~ij (n CArJ d ~ ~ H ~~~ ~~~ ~Z~ Sy~y rr~ • r~ro ~~ H O y O ~~ ~+~ C O C~rJ II ~ o o r ~ H 0 O ~~~~i~ k~ E-~.. H H y ~~ O ~ x ~~~~~ ro~~ ~~~~b N I-~ 2 ~ ~ r° ~~ ~ ~o~~~ ro ro ~~x ~ro~~°~ ~~o~~ ~ ~~ ~~ r ~~ ~. N N~~ '~ CCi7j t-~ .. ~ ~d N N~ O I ~~ .. I H II N ~ 3 ~' o I 4 H 3 4 C+] 3 ~ z° ro .. QN ~G" Z ~-C ~ ~ F-+ w ,~ ~.' H ~ ~ N zO C~ Qz rS yO O 3 H r ~-I N w O H W w H 0 • C7 NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., on February 9, 1993, for the purpose of reviewing and considering the Application of B & W, INC. for a rezone of Lot 1, Block 1 and Lot 1, Block 2 and the southerly 35.00 feet of Lot 2, Block 1 and the southerly 30.00 feet of Lot 2, Block 2 of Danbury Fair Subdivision No. 1, Meridian, Ada County, Idaho, from LO Limited Office to R-8 Residential. The property is generally located at East Pine and Stonehenge Way, Meridian, Ada County, Idaho. A more particular legal description is on file in the office of the City Clerk of the City of Meridian and is available upon request. Public comment is welcome and will be taken and heard. DATED this~~ day of January, 1993. ~~,r CITY CLERIC ro N Z O W ~ S t~ ~ `~ o r ~ t7 ~~ W ~ . ~ I--' . ~ W d d H H K I I I I I I~ I I H ~ ~ ~ ~ ~ y~ ~ O H~'r C~ O ~ ~ ~ ~ ~ ~ fC ~ iC ir-- ~ H Cj C y. ~ ~' ro ~ d~ 3~~ z~ H O ''y ~ Z ~ d ~ fly ~ ~ H !d ~y O ~~ ~ :~i K7 .. H H H~~,, r~r~ d H o ~ ~ ~ z ~ ~ d ~' ~' z 3 H d ~' ~ H H^ ~ 't1ro, Q' 3 ; 3 z ~ Z '~ ~ ~y N H ~ ~ -~~ 'D~ ~CrJ 3 ~ ~~y' y y ~ 3 !t+ ro L~ • •• ~' H ~ ro ~' H day ~~ ro ~ y ~ o ~ ro I I I I 0 I I I O ~ ~ 3 g OO ~ ~i,~J ~ C 3 CJ H ~ ~ ~ O y o [t J i~7 ~ ZOO 3 H ~~ y y ~ H~~ L~7 H k d ~~ K ~ ~~ ~ ~ 4 ~ ~~ H O~yo~o~ ro~~ y ~~~~b ~~ ~~~ .. ~~ ~ ~ ~~~ r~~ . ~ ~~ zH Vi H •• O ~~ H ~~~ ~~ I~ ~~~~~ ~~x -°ti~~o~ [~ ~ ~ %a ~ O ~~ ~~ to H NCO ~~ N N C.,~ ~ .. .. b u~ N °z R'~ lD N l0 W H zN C~ y~ O H yy~ CrJ ~-I I--' W ~~ ~~ ~~ N W w ~n H O December 29, 1992 Mr. Jack Niemann City Clerk City of Meridian 33 East Idaho Street Meridian, Idaho 83642 RE: B.W., Inc. Rezone Request (portion of Danbury Fair Subdivision No. 1) Dear Jack: The attached rezone application is submitted to you to request approval to change the zone designation on Lot 1, Block 1 and Lot 1, Block 2 and the Southerly 35.00 feet of Lot 2, Block 1 and the Southerly 30.00 feet of Lot 2, Block 2 of Danbury Fair Subdivision No. 1 from L-0 to R-8. This zoning amendment is for property that has previously been approved by the City of Meridian for single-family residential development and platted as the same. Thank you for your time. Please call if you have any questions. Sincerely, Dennis M. Baker President B.W., INC. 539.Itr cc: Hubble Engineering, Inc. • • BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION B & W, INC. REZONE APPLICATION LOT 1, BLOCK 1 AND LOT 1, BLOCK 2 AND THE SOUTHERLY 35.00 FEET OF LOT 2, BLOCK 1 AND THE SOUTHERLY 30.00 FEET OF LOT 2, BLOCK 2 OF DANBURY FAIR SUBDIVISION NO. 1 MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing February 9, 1993, 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 Februa 9 1993 the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the February 9, 1993, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations; 2. That 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 LO Limited Office; the area in which Applicants' property is located is developed mostly as a FINDINGS OF FACE AND CONCLUSIONS OF LAW - PAGE 1 • residential area; that property south and east on Pine Street is zoned industrial. 3. That the Applicants propose to have the property zoned (R-8) Residential; that the Applicant is developing property adjacent on the north and west as R-8 Residential. 4. That the R-8 Residential District is described in the Zoning Ordinance, 11-2-408 B. 2 as follows: cx-u~ meaium llensity Residential District: The purpose of the (R-8) District is to permit the establishment of single and two family dwellings at a density not exceeding eight (8) dwelling units per acre. This district delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal Water and Sewer systems of the City of Meridian is required. 5. That the property is located at East Pine and Stonehenge Way. 6. That the uses of the properties surrounding the subject property are mostly for single family dwellings. 7. That there was no testimony at the hearing objecting to the Application. 8. That sewer and water is available and are connected to the property, but the use may require additional charges and fees. 9. That comments were submitted by the Central District Health Department, Meridian School District, Meridian Police Department, Ada County Highway District, and the Meridian Fire Department, those comments are incorporated herein as if set forth in full herein. 10. That the Planning and Zoning Commission made and adopted FINDINGS OF FACE AND CONCLU^IONS OF LAW - PAGE 2 • • findings of fact and conclusions of law when the property in which the subject is included was annexed to the City of Meridian; that those findings of fact and conclusions of law are noticed and incorporated herein; that in those findings and conclusions it stated that the property would be zoned R-8 Residential but only single family dwellings shall be constructed. 11. 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 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 that is generally residential and where residences have already been established. 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 Pine Street and Stonehenge Street of Meridian where substantial residential property is planned. A rezone of the subject property is in line with that use. (c) The area around the proposed zoning amendment is developed mostly in a residential fashion. The new zoning of R-8 Residential should not be contrary to the other uses in the area. (d) There has been a change in the area or adjacent area which dictates that the property should be rezoned and the area is very likely to be developed in a residential fashion. (e) That the property is designed and constructed to be harmonious with the surrounding area. (f) The Residential uses would 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 sewer and water is required and available. (h) Residential uses should not create excessive additional requirements at public cost for public facilities and services and would not be detrimental to the economic welfare of the community. FINDINGS OF FACE AND CONCLUSIONS OF LAW - PAGE 4 ~ • • (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. (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 it is concluded that the Findings of Fact and Conclusions of Law which pertained to the annexation of the property shall be met, specifically including that only single family dwellings shall be constructed even though the R-8 Residential zoning. allows duplExes,-- - 8. That the requirements of the Findings of Fact and Conclusions of Law on the annexation of the property continues to apply. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS FINDINGS OF FACE AND CONCLUSIONS OF LAW - PAGE 5 • • The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER VOTED_ ~Q.,~. COMMISSIONER ROUNTREE VOTED. (~-~~ COMMISSIONER SHEARER VOTED ~QO.• COMMISSIONER ALIDJANI VOTED (,~~ Q, CHAIRMAN JOHNSON (TIE BREAKER) VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Rezone 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 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, and shall be subject to design review and only single family dwellings shall be constructed. MOTION: APPROVED: `/ DISAPPROVED: FINDINGS OF FACE AND CONCLUSIONS OF LAW - PAGE 6 DATE: April 20. 1993 AGENDA ITEM NUMBER 7 MERIDIAN CITY COUNCIL APPLICANT : B. W. I NC. 1523 E. BOISE AVE. BOISE. I D. 83706 REQUEST: REZONE FROM LO TO R-8 AGENCY COMMENTS: MERIDIAN POLICE - "NO PROBLEM" MERIDIAN FIRE DEPT. - "NO PROBLEM" MERIDIAN CITY ENGINEER - "NO COMMENTS" MERIDIAN ATTORNEY - MERIDIAN POST OFFICE - MERIDIAN SCHOOL DISTRICT - SEE ATTACHED COMMENTS MERIDIAN BUILDING DEPT. - ADA COUNTY HIGHWAY DISTRICT - SEE ATTACHED COMMENTS ADA STREET NAME COMMITTEE - CENTRAL DISTRICT HEALTH - NO PROBLEM NAMPA MERIDIAN IRRIGATION -SEE ATTACHED COMMENTS SETTLERS IRRIGATION - IDAHO POWER - US WEST - INTERMOUNTAIN GAS - BUREAU OF RECLAMATION - OTHER COMMENTS: APPROVED BY MERIDIAN PLANNING AND ZONING COMMISSION. EX~E~ /ZC9 ~~~~r l~. Q 7 ~~ - JOINT SCIi00L DISTRICT N0.2 911 MERIDIAN STREET • MERIDIAN,IDAH083642 PHONE(208)888-6701 January 12, 1993 Meridian Planning 33 E. Idaho Meridian, Idaho & Zoning 83642 Re: Danbury Fair Subdivision lot #1 & 2, Blk 1; lot #1 & 2, Blk 2 Dear Commissioners: I have reviewed the application for Danbury Fair Subdivision. This planned development will accelerate the need for Joint School District No. 2 to construct additional classrooms and/or to adjust school attendance boundaries. Meridian Schools do not have excess capacity. Nearly every school in the district is beyond capacity. The Meridian School District supports economic growth for Idaho and specifically the district's area, but such growth produces a need for additional school construction. We ask your support for a development fee statute on new home construction. We ask your support for a development fee statute on new home construction or a real estate transfer fee to help offset the costs of building additional school facilities. If this support is lacking then we ask that additional residential development be denied. Residents of the new subdivision cannot be assured of attending the neighborhood school as it may be necessary to bus students to available classrooms across the district. We ask that you assure the developer will provide walkways, bike paths and safe pedestrian access. Sincerely, %~ Dube, Deputy Superintendent SUPERINTENDENT OF SCHOOLS Bob L. Haley DEPUTY SUPERINTENDENT Dan Mabe, Finance & Administration DIRECTORS Jim Carberry, Secondary Christine Donnell, Personnel Darlene Fulwood, Elementary Doug Rutan, Special Services DM:gr • ~ INTER-DEPARTMENT CORRESPONDENCE JAMES E. BRUCE, President MERRZ193/DSTECH GLENN J. RHODES, Vice President CHARLES L. WINDER, Secretary i-a7-93 TO: ACHD Commission DATE: January 20, 1993 FROM: Development Services SUBJECT : MERIDIAN -REZONE Pine & Stonehenge LO to R-8 (B .W. , Inc. , 1523 E. Boise Ave. , Boise, ID 83706) FACTS & FINDINGS: 1. B . W . , Inc . is requesting a rezone from LO to R-8 of property located on the northeast and northwest corners of Pine Street and Stonehenge Way. The property was recently platted as lots in Danbury Fair #1 Subdivision, a single family residential subdivision. There is a note on the plat which prohibits direct lot access to Pine Street. 2. Pine Street °''~urren~q~y" r has 55-feet of right-of-way (30-feet north and 25-feet south,. pf .centerline) and is improved with 32-feet of pavement. There are `curb and sidewalk improvements (41-foot street section) along the parcel frontages . The 2000 Urban Street Functional Street Classification Map designates Pine as a collector roadway. 3. Stonehenge Way is a local street that has 50-feet of right-of-way and is fully improved with a 36-foot street section. 4. This application is scheduled for public hearing by the Meridian Plan- ning & Zoning Commission on February 9, 1993. The following requirements are provided to Meridian Planning & Zoning as conditions for approval. SITE SPECIFIC REQUIREMENTS: 1. Direct lot or parcel access to Pine is prohibited, in compliance with District policy. • ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 cc~nV~ JAMES E. BRUCE, President GLENN J. RHODES, Vice Prudent CHARLES L. WINDER, Secretary January 28, 1993 TO: B.W., Inc 1523 E. Boise Ave. Boise ID 83706 FROM: Larry Sale, Supervisor Development Services SUBJECT: MERIDIAN - REZONE PINE & STONEHENGE LO TO R-8 Your application for the above referenced project was approved by the Commissioners of the Ada County Highway District on January 27, 1993. The attached staff report lists the conditions of approval and street improvements which are required. If you have any questions, please feel free to call me t 345-7680. cc: Development Services Chron Meridian City City Hall ada county highway district 318 East 37th • Boise, Idaho 83744 • Phone (208 345-7680 III.III-I~ill H 3 ~ ~ z (~ Q ~3~JJ ~ ~ o ~ ~ ro o d++ 'OrJ z ~ ~ d ~ ~ Z ~ ~ H v n z _ ~ ~' y ~ v o~ ~ K H d z° ~ 3 ~ d ~ ~ H ~ ~ ~ . H H y~ o y v ~ v a~ 3 y o z ;~ ~ H ~ G d ~ C] 3 ~ H ~ ~ ~ 3 y, r ~ y .. • R+ ~ ro C d H y C%+ dd H ro ~ ~ y ~ fC ~ H ~ro+ 3 y .~ ~ y H o 0 ~~ ~~ k k ~ K ~v H ro Iilllll~llilllill -C ~ ~ ~ ~ ~~+ ~ ~ Od O~ O 3 ~ 3 ~] t=] v Ch G~ ~ ~ C/~ ~ (n CrJ d H ~ try ~ 4 H d ~ ~ ~ cn ~ H ~ Cn H O tin ~ ~ H r ;~ ~ z x ~ ~ ~ ~~ H N v H H tC w ~ rt ~ • a. n ~ w ~ n p o n w E m N~ r• ~ C"1 rt L~. N r• m Gs. o r• m A. C ~ ~° ~' ~' ~D~ . c ~oP. w ~ ~ n ~' w w ~ ~ , v r• oo d a' m rt rt 04 O r• ~ b r• fD N cn w m r-~ rt v' rt rt w m m E ~• n rt ~ ~ w ~ •o~ ~ ~ z~ rt ~ ~ b ~ w.~ r -~H ~ rt w o ~ r+ H C~. to rt .. ~ ~ tr A. • Q, ~ y ~ ~ ~ rt C3. I--+ r{ fD ~ ~ fD O (D ~i b G m ~oa~•o n r-~ m r• rt rr b n ~ ~ n m ~~,~ rt w g ~s a ~ m .. E run H a p r• R. n rn ... ~ rt ~ ~ ~ ~ ~ • H b • ~ n H • ~ ri r-+ b ~i d r-h b ~C w r• r• N W Q4 to ~ r .. 2^+ N rt N rt n r• r• ~ K ~xx~ n yHy 'A I•C t0 Q3~~J Z ~~70d H H ~~~~~ ~€~ ~.. ~~ ~ °z ~ d ro ,~~ ~~~ ~ G~O~NH ro~~ ~ ~~~~b N N~~ ~, ~~o W t~J ~~~'~~ N H ro ~~ ro~~o~ ~~o ~ ~~ H ~~0 ~ ~ ~ ~ ~. ~„3 N W ~ ~ `~ .. ~~~ O ~ ~~ H .. r~ yO O H a, N W ro ~~ c~ R'~ N W W ~~ LJ MERIDIAN PLANNING & ZONING FEBRUARY 9, 1993 PAGE S The Motion was made by Alidjani and seconded by Rountree that the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they deny or table the application until a Comprehensive Plan amendment is approve which would allow the zoning requested by the applicant. Motion Carried: All Yea: ITEM #7: PUBLIC HEARING: REQUEST FOR REZONE FROM LO TO R-B BY B & W INC.: Johnson: I will now open the Public Hearing and invite a representative to speak first. Dan Torfin, 9550 Bethel Court, Boise, was sworn by the attorney. Torfin: This request is to rezone a portion of the Danbury Fair Subdivision from LO to R-8. It's the southerly 110 feet of Lots 1 & 2 of Block 1 & 2 of the Danbury Fair Subdivision. That final plat has been recorded. I think it was an oversight that we did not have that rezoned at the time of approval of the preliminary and final plat so we are seeking to clean that up at this time. Rountree: Did I understand you correctly that that is the way it was platted when submitted and your just requesting for the rezone to accommodate that. Torfin: Yes. Rountree: You've seen the comments from ACHD? Torfin: Yes I have. I believe that we've already stipulated those conditions on the final plat. Johnson: Thank you. Anyone else to testify? No response. I will close the Public Hearing. The Motion was made by Shearer and seconded by Rountree to have the attorney prepare Findings of Fact and Conclusions of Law indicating approval. Motion Carried: All Yea: NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., on February 9, 1993, for the purpose of reviewing and considering the Application of B & W, INC. for a 'rezone of Lot 1, Block 1 and Lot 1, Block 2 and the southerly 35.00 feet of Lot 2, Block 1 and the southerly 30.00 feet of Lot 2, Block 2 of Danbury Fair Subdivision No. 1, Meridian, Ada County, Idaho, from LO Limited Office to R-8 Residential. The property is generally located at East Pine and Stonehenge Way, Meridian, Ada County, Idaho. A..;more particular legal description is on file in the office of the City Clerk of the City of Meridian and is available upon request. Public comment is welcome and will be taken and heard. DATED this~~~day of January, 1993. • NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., on April 20, 1993, for the purpose of reviewing and considering the Application of B & W, INC. for a rezone of Lot 1, Block 1 and Lot 1, Block 2 and the southerly 35.00 feet of Lot 2, Block 1 and the southerly 30.00 feet of Lot 2, Block 2 of Danbury Fair Subdivision No. 1, Meridian, Ada County, Idaho, from LO Limited Office to R-8 Residential. The property is generally located at East Pine and Stonehenge Way, Meridian, Ada County, Idaho. A more particular legal description is on file in the office of the City Clerk of the City of Meridian and is available upon request. Public comment is welcome and will be taken and heard. DATED thi~~ day of March, 1993. CITY CLERK I~ LJ DECEMBER 29, 1992 DANBURY FAIR SUBDIVISION NO. 1 REZONE REQUEST L-0 TO R-8 PROPERTY OWNERS WITHIN 300 FEET • Dwight Spangler 11770 Goldenrod Street Boise, Idaho 83704 • Opal Farrington Trust 1180 E. Pine Street Meridian, Idaho 83642 • Smith and Bews 5206 Sorrento Circle Boise, Idaho 83704 • Richard Collins 1125 E. Pine Street Meridian, Idaho 83642 • William Humphrey 939 E. Pine Street Meridian, Idaho 83642 • Paul McKague 110 E. 1st Street Meridian, Idaho 83642 • 117.rpt • BENHAM PARK SUBDIVISION ADJACENT PROPERTY OWNERS 110450 Harold Sweeney HC 33 Box 3220 Boise, Idaho 83706 110453 Harold Sweeney HC 33 Box 3220 Boise, Idaho 83706 110300 Idaho First National Bank Raasch Joyce Trust Trust Department P. O. Box 7928 Boise, Idaho 83707 110110 Vasile Petrutiu 1295 North Locust Grove Road Meridian, Idaho 83642 110200 H. N. Benham P. O. Box 600 Challis, Idaho 83226 110150 Joseph Denardi 1850 Wildwood Boise, Idaho 83704 110100 Vasile Petrutiu 1295 North Locust Grove Road Meridian, Idaho 83642 110010 Chester LaCasse 1215 North Locust Grove Meridian, Idaho 83642 121075 James Daly unknown per County Records 110599 L. C. Jones 1235 Adkins Meridian, Idaho 83642 131299 Melvin Partridge 912 Kimball Boise, Idaho 83704 120900 Elenora Johnson 8306 West State Boise, Idaho 83703 • M. Fabricius Gordon Baker Page 1 • • BENHAM PARK SUBDIVISION ADJACENT PROPERTY OWNERS 121105 Nora Overton 8921 Sunflower Boise, Idaho 83704 120750 Jonas Lee 835 East Fairview Meridian, Idaho 83642 120700 Elenora Johnson 8306 West State Boise, Idaho 83703 120600 Clarence Morgan 1187 East Fairview Meridian, Idaho 83642 120620 Thomas Howell 2239 Calle Jalapa West Covina, California 91792 S110741 7300 Paul Wilson 1125 East Pine Meridian, Idaho 83642 86576000005 Onwiler Subdivision 0005 Lot 1 Doris Oliason 603 East Pine Meridian, Idaho 83642 0150 0250 Lot 2 Harold Wilkins 707 East Pine Meridian, Idaho 83642 Lot 6 William Thomas 745 East Pine Meridian, Idaho 83642 1125 George Strasser 825 East Pine Meridian, Idaho 83642 0934 Charlotte Iow 911 East Pine Meridian, Idaho 83642 Ruth Crow Page 2 BENHAM PARK SUBDIVISION ADJACENT PROPERTY OWNERS 0728 Paul McKague 110 East 1st Street Meridian, Idaho 83642 0744 Paul McKague 110 East 1st Street Meridian, Idaho 83642 0938 Paul McKague 110 East 1st Street Meridian, Idaho 83642 1380 William Humphrey 939 East Pine Meridian, Idaho 0950 Gerald Peterson 935 East Pine Meridian, Idaho 83642 R657600 0200 Voyle Davis 721 East Pine Meridian, Idaho 83642 0755 0805 R781377 Settler's Village 0380 Lot 1 Block 2 0390 Lot 2 Block 2 0400 Lot 3 Block 2 Glen Gordon 17350 West Shaw Aloha, Oregon 97005 0010 Lot 1 Block 1 Steven Hosac 1606 West Hayes Boise, Idaho 83702 0020 Lot 2 Block 1 Steven Hosac 1606 West Hayes Boise, Idaho 83702 Page 3 r I I BASiS ~ OF. 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