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Home My WebLink AboutEnglewod Creek Development CorporationWILLIAM G. BERG, JR., Clty Clerk JANICE L. LASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P & Z Adm. PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chlef W.L. "BILL" GORDON, Police Chlef WAYNE G. CROOKSTON, JR., Attorney ~ • COUNCIL MEMBERS HUB OF TREASURE VALLEY A Good Place to Live RONALD R. TOLSMA CITY OF MERIDIAN MAX YERRINGTON WALT W. MORROW 33 EAST IDAHO P 8, Z COMMISSION MERIDIAN, IDAHO 83642 JIM JOHNSON, Chairman Phone (208) 888-4433 • FAX (208) 887-4813 MOE AUDJANI Public WorksBuilding Department (208) 887-2211 JIM SHEARER Motor Vehicle/Drivers License (208) 888-4443 CHARLIE ROUNTREE TIM HEPPER GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments. and recommendations will be considered by the Meridian Planning Si Zoning Con>rnission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: September 5. 1995 TRANSMITTAL DATE: 8/21/95 HEARING DATE: 9/12/95 REQUEST:~pplication to reduce the minimum sq. footage from 1800 to 1500 sa.ft. BY:__~nglewood Creek Dev. Corp. LOCATION OF PROPERTY OR PROJECT: SW comer of N. Ten Mile Road and Ustick Road JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT -POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER -CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8r FINAL PLAT) U.S. WEST(PRELIM 8 FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: ~r~r~VED AUG 2 1 1995 CITY OF ~[ERIDIAN VII 11 ~ 1 }~ AUG 18 '95 I' (i VI`7 r R 1. 1 I T Uf' 1' IGR ! L l lyl~l GrJO 00 f •YG 1 J 05~01PM MK ENVIRONMENTAL CITY OF MERl'DIAN 33 ,East Idaho Street, Meridian, .ID Phone: (208) 888-4433 Fax: (aos~ g87~4813 83642 YJL~YJ1 P.4 MIS(;E_L•i_-ANEOL~ APPL.iCATiON ~"Nl G~'!^/oD0 G/~~i~ l~Y COMP, APPLICANT: ~~' /~i~0 ~/ iy. !! I~~L L Phone: ~~r ' ~S~S ADDRESS • QB~~~ /~t/Cp TOi/ ~~ CsL ~; I~O~I f/d S~ ~o/~i OWNER: /QE1~/Af3~l1a / K~ ~~T~~ _ Phone: •~~-/BSCy ADDRESS• ~,~~ ~ ~/. ~,~G1D~ (//EIiS~ ~/SE; f,0. g~~4 5~ SdN G b.~/1 /~i~ 4~1 ' / GENERAL LOCATION: N. T~ti//~/_L ~D S~ UST/Ck ~~0. LEGAL DLSC1tIPTION OF PROPERTY: ~ ~D T/Oi1/ Q~ LOT S~E'~_ 3~ ~/~Y NATURE OF APPLiCATTON FOR PUBLIC • PRQOF Olr OWNERSHIP OR VALID_ PTIOI~C: A ropy of your properly deed or option agreement mu.~t be attached. PRESENT ZONE CL' ASS,IFICATION: Q" • YICiNITY S]CfiTCH: A vicinity map and/or site plan at a scale approved by the City showing property lines, existing; sweet,, easements, and such other items as the City may require (35 copies). • SURROUNDING PROPERTY OWNERS: A list Of all property owners and addresses (from authendc rax records of Ada Cou~tty) within, eoatiguous to, directly across the street from, and within a 300' radius of the proposed vacation must he atrae.hed. ,' .Fee: 91200.00 + $1.42lnotic:r/property owner to receive notice + publication costs I hereby certi!y that the information contained herein is true and corrat. T also certify that I will pact the property 1 weClc before each public hearing. SIGNA . ** Tt7TAL PAGE. 01 *~ rf AUG 18 '95 17 02 208 3866669 PAGE. 04 AUG 18 '95 05~01PM MK ENVIRONMENTAL P.5 APR-?'a-93 FR I 1 ~®3 COLIIWELL SANFG~2 ASPEN RE P ®3 B U Y D R (S) F I N A L C L 0 8 I N G 3 T A T E M h N T . - - - . - - - r - r - . - - . - • - - - . - - - - - r - - r r r r r ~ - - . - .. - - - - - - - . r - - - - - - r - - - - - - r - ~.. - - - r - . . . .. r . ~ Prepared by • ~ ~ Stewart Title of Idaho 8385 Emerald Street 8oiee, rdaho 83704 • (208) 378-1666 Buyer (s) ., .....: REWABI3AI K. PATEL 8eller(s).....1 ROBERT V. ENOLB, CLAUDINA M. ENGLS Lender,.......: Property.,.....: 3595 W. USTICK ROAD MERIDIAN, IDAHO 83641 Closing date..: 03/19/i993 Proration date: 03/19/1993 File Neer...: 9303x840 r - .. - - ~. - - r r .. r - .. - - - - - - - - - - - - - - - - r .. - r . - - . • . - . - - - - - - .. - .. - - - - - - - - - - - .. - r - - r - . - ... . ' DEBIT CREDIT SALES PRICE ...................................... 330,000.00 PRORATIONB: County T~cee .................................:... 142.91 £rom~0i/01/93 to 03/19/93 ~ $ x.85595 per day Srrigation .................................... .. 7.42.75 from~Ox/01/93 to 03/19/93 ~ $ 1.8539a per day $scROW CxARC~ES Sscrow Fe'e - 1/2 EACH .............. .........~, 175.00 ,. PAYEE..'.: 3TEWART TITLE OF IDAHO,~INC. RECORDING ~'EE8/TRANSFBR CHARGES: Recording Fee Deed amount X24.00 ................. x4.00 ,' PAXEE.,~.t 3TEWART TITLE OF IDAHO, INC. MISCELLANEOV3 CHARC3F8: 2rrigation - SPRING 1993....,...,,,,,,,,, ,,,,,, @.80 PAYEE..'.: NAMPA MERIDIAN IRRIGATION ••••••••••••••.......•••.••••••••••....SUHTOTALSs 330,207.80 385.66 •..••••••••••••••••.••....BALANCE DUE FROM BUYER: 329,9~a.14 :••••.•••••••••••••••••.•••••••••••••.....TOTALSs 330,207.80 330,207.80 - .. - - - - - - .. ~. - ~ r .. - - - - - • - - - - r .. r • - - . r . r .. - - - - - - - - ~ r - - - - - r - - - .. - r - w r - - - - r - - - - - ~ r - - - .. - . WS APPROVE TXS FOREGOING SETTLEMENT STATEMENT, IN ITS ENTIRETY, AUTYIOR7:ZE PAYMENTS tN ACCORDANCE THEREWITH AND ACKNOWLEDGE RECEIPT OF A COPY THEREOF, DATED THIS DAY OF _ _r~RC~t IN THE YEAR _ i ~ REW . STEWART TITLE OF IDAHO, INC. BY: xzuru, ru ~z, Escrow zcer DATE : 3/19/93 ~rao Zocccco onr_~ r. a ^ '~E~ AUG 18 '95 05~02PM MK ENVIRONMENTAL T ~ q 1"'' ~ - ~ ~ q = .goo' ..._..... - • r i .~ ~~ I *. ENGiL~Wooo cReElc~ ESTATES ~o~~r~ ~rl~ucrioN RT . ~~ AUG 18 '95 17 03 -RT ~ P.6 ,, ~ ~ 35 .'• ! ,~ I •~ . 7 ~ • ~ ME~iaraN CITY LIMI'f~_.... . .....t..,~ „ ~ E1~ ~ ~ e ,~ •, Y ~ ~/ • ' ~' ~ i..~. ., _. r ~ ~.• •wurwnisr ~i ... . ~ • ~ ~o u .~ u ~ ' K • YIpI1iE CT ' ~~ N b ,f O a /4"~~s;~Wr ~ ~ .• ' . . • ~ ,. . .. ; ~..: . , .' 208 ~AF~~~~ por,G ac °-_..~__.. AUG 18 '95 05~00PM MK ENVIRONMENTAL P.1 • • FACSIMILE TRANSMITTAL BOISE, IDAHO RUSH ^ DATE: TIME: CHARGE NO.: (Contract/eudget/VV.O.) FACSIMILE PHONE NO.: TO: NAME: ~ L ~"~ COMPANY: T' PHONE NO: FROM: NAME: LOCATION: ~M KgENV ~RObMaENTA PHONE NO.: ~ SERVICES DIV1810N NUMBER OF PAGES TRANSMITTED: _~ (INCLUDING THIS PAGE) OPERATOR: / PHONE NO. (208) 386-7025 FACSIMILE #: 208-386-6669, 208-386-6658 REMARKS: L }mob AUG 18 '95 05~00PM MK ENVIRONMENTAL P.2 • • ENGLEWOOD CREEK DEVELOPMENT CORPORATION 2460 S. MAPLE GROVE RD. -BOISE, IDAHO 83709 (208) 377-8263 / (F) 376-6222 City of Meridian Planning & Zoning 33 E. Idaho Meridian, Idaho 83642 August 18, 1995 Re: Englewood Creek Estates Subdivision Dwelling minimum square footage Dear Mayor Kingsford; We respectfully request a Public Hearing for a reduction in dwelling minimum square footage from 1800 square feet to 1500 square feet. I have had several conversations with the City Planner and City Attorney regarding the proper procedures in which this request should be submitted to the City. Apparently there has not been any previous cases similar to this, however, Planning & Zoning and the City Council do have the authority to approve this request through public hearings. The Facts and Findings will have to be revised to reflect the change because the annexation included the minlmum home square footages specified in the proposed subdivision covenants rather than the 1400 square foot homes that the R-4 zoning BIIOWS. As mentioned at a previous City Council meeting, the current market for larger homes is not selling and development at the larger square footages would result in the development laying bare and the developers suffering financial hardships. Approval of this request would make the development more saleable in the current market. The reasons for this request are as follows: 1. Mortgage interest rates have increased since the preliminary plat was submitted for approval, causing a substantial decrease in the market that would qualify for the mortgage loans. - Candlelight Subdivision 1500 Square Feet - Parkwood Meadows 1400 - Saddle View 1400 - Firelight 1400 - Cherry Lane Meadows 1250 2. Adjoining subdivisions have been approved for lesser square footage rnmin-sgft.ece AUG 18 '95 05~00PM MK ENVIRONMENTAL P.3 .~ s • PAZ re:ECE Continued 3. The overall market has subsided in the larger square footage homes and would cause substantial financial burden on the developer from the lack of lot sales because of no market for them. 4. If the developer is requested to resubmit for annexation, preliminary and final plat approvals, a substantial amount of un-necessary time, energy, and cost will be added to the City, the developer, and other agencies. We respectfully request your consideration in this matter and that you approve this request for the reduction in the minimum home square footages to match those of surrounding developments. ' rely, Richard J.H. Jewell rnmin-sgft.ece 2 PAGE.03 AUG 18 '95 05:00PM MK ENVIRONMENTAL • ENGLEWOOD CREEK DEVELOPMENT CORPORATION 2460 S. MAPLE GROVE RD. -BOISE, IDAHO 83709 (2081 377-8263 / (F) 376-6222 P.2 City of Meridian Planning & Zoning 33 E. Idaho Meridian, Idaho 83642 August 18, 1995 Re: Englewood Creek Estates Subdivision Dwelling minimum square footage Dear Mayor Kingsford; We respectfully request a Public Hearing for a reduction in dwelling minimum square footage from 1800 square feet to 1500 square feet. I have had several conversations with the City Planner and City Attorney regarding the proper procedures in which this request should be submitted to the City. Apparently there has not been any previous cases similar to this, however, Planning & Zoning and the City Council do have the authority to approve this request through public hearings. The Facts and Findings will have to be revised to reflect the change because the annexation included the minimum home square footages specified in the proposed subdivision covenants rather than the 1400 square foot homes that the R-4 zoning ~Ilows. As mentioned at a previous City Council meeting, the current market for larger homes is not selling and development at the larger square footages would result in the development laying bare and the developers suffering financial hardships. Approval of this request would make the development more saleable in the current market. The reasons for this request are as follows: 1. Mortgage interest rates have increased since the preliminary plat was submitted for approval, causing a substantial decrease in the market that would qualify for the mortgage loans. 2. Adjoining subdivisions have been approved - Candlelight Subdivision - Parkwood Meadows - Saddle View - Firelight - Cherry Lane Meadows rnmin-sgft.ece for lesser square footage. 1500 Square Feet 1400 1400 1400 1250 AUG 18 '95 1?~01 208 3866669 PAGE.02 AUG 18 '95 05~00PM MK ENVIRONMENTAL P.3 1 • • PAZ re:ECE Continued 3. The overall market has subsided in the larger square footage homes and would cause substantial financial burden on the developer from the lack of lot sales because of no market for them. 4. If the developer is requested to resubmit for annexation, preliminary and final plat approvals, a substantial amount of un-necessary time, energy, and cost will be added to the City, the developer, and other agencies. We respectfully request your consideration in this matter. and that you approve this request for the reduction in the minimum home square footages to match those of surrounding developments. rely, Richard J.H. Jewell rj\min-sgft.ece ~-a AUG 18 '95 17 01 208 3866669 PAGE.03 • HUB OF TREASURE VALLEY • OFFICIALS WILLIAM G. BERG, Jr., City Clerk A Good Place to Live JANICE L. GASS, Clty Treasurer :wow Su CITY OF MERIDIAN BRUCE D.STUA T Wet pt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parka supt. 33 EAST IDAHO SHARI S. STILES, P a z Adm. MERIDIAN IDAHO 83642 KENNETH W. BOWERS, Firo Chief W. L. "BILL" GORDON, Police Chief Phone (208) 888~t33 • FAX (208) 887813 WAYNE G. CROOKSTON, JR., Attorney Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COMPLAINT FORM ^ VERBAL ~ TELEPHONE MADE BY ADDRESS COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT 0. CORRIE WALT W. MORROW P 8 Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER ^ LETTER AFFECTED PROPERTY ~~~G~!j->7~ ~) '~~ ~`~GC/ 2~g~O ~ L~~h~ COMPLAINT: FOR: ^ PARKS DEPT. ^ WATER DEPT. ^ CITY ENGINEER ^ FIRE DEPT. POLICE DEPT. ^ BUILDING DEPT. ^ SEWER DEPT. ^ CITY COUNCIL ^ MAYOR ^ CITY CLERK ^ P&Z COMMISSION ^ P&Z ADMINISTRATOR ^ CITY TREASURER RECEIVED BY: ~'~ RECEIVED DATE: ~-z6 ~ ~~~ R~CEIiIEi~ au~ 2 ~ ~ss5 CITY OF 1W~~IDIAN RUG 21 '95 12 47 MK ENVIRONMENTRL SERVICES BHO • • FACSIMILE~TRANSMITTAL ~MK•ENVIRONMENTAL SERVICES DIVISION A DIVISION Of MK-FEROUSOTI BOISE, IDAHO RUSH a ~~ P. 1 GATE: TIME: CHARGE NO.: FACSIMILE PHONE NO.: TO: NAME: _ _~~{~~'/' ~/L~ \/ COMPANY: -_/y~/~/~~t/ G~/yY PHONE NO: FROM: NAME: LOCATION: ~MK-eNViAONMENra~ sERVK:ES avtswN AOIYMIOgor ~pYYfON PHONE NO.: ~+ ~~O ~ NUMBER OF PAGES TRANSMITTED: OPERATOR: FACSIMILE #: 208-386-6669, 208-386-6658 (INCLUDING THIS PAGE) / PHONE NO. (208 386-7025 REMARKS: ~~~~ '~~ ~~'~ /~i~0/o~i~T Y ~u/~Ll~i~S~ ~ .mod/L/.~ ~'o ~'i!i l.~L'~~c1oo0 .. AUG 21 '95 12 50 208 386 6658 PAGE.01 FiUG 21 '95 12 48 MK ENVIRONMENTAL SERVICES BHO ENGLEWOOD CREEK ESTATES C LIST OF PROPERTY OWNERS WITHIN 300 IfT. RADIUS Parcel No. & Address Parcel Ownner & Address S1203170030 /. Patel, Rewabhai K. & Karshan K. S1203110302 8589 W. Brookview S1203110395 Boise, Id. 83709 S1203110425 3595 W. Ustick Rd. Meridian, Id. 83642 S1203110395 2. Young, Robert L. & Maxine 3595 W. Ustick Rd. 3595 W. Ustick Rd. Meridian, Id. 83642 Meridian, Id. 83642 S1203110302 ,3 Englewood Creek Dev. Co. 3595 W. Ustick Rd. 2460 S. Maple Grove Rd. Meridian, Id. 83642 Boise, Id. 83709-2545 S1203110010 ~ Jestrabek, Rudolf Jr. & Catherine D. Family Trust 3175 N. Ten Mile Rd. 3157 N. Ten Mile Rd. Meridian, Id. 83642 Meridian, Id. 83642-5407 S1203110030 Jestrabek, Rudolf Jr. & Catherine D. Family Trust 3595 W. Ustick Rd. Meridian, Id. 83642 S1203110431 Jestrabek, Rudolf Jr. & Catherine D. Family Trust 3157 N: Ten Mile Rd. Meridian, Id. 83642 S1203110054 S. Grahm, James J. & Jacqueline S. 3157 N. Ten Mile Rd. 3157 N. Ten Mile Rd. Meridian, Id. 83642 Meridian, Id. 83642-5407 S1 2031 1 0072 ~ . Dunn, Jack W. & Betty A. 3095 N. Ten Mile Rd. 3095 N. Ten Mile Rd. Meridian, Id. 83642 Meridian, Id. 83642-5407 S1203110105 7, Meridian Land Investors II 3095 N. Ten Mile Rd. 2401 S. Apple Rd. #L-204 M®ridian, Id. 83642 Boise, Id. 83706 AUG 21 '95 12 50 208 386 6658 PAGE.02 RUG 21 '95 12 48 MK ErIVIRONMEIYTRL SERVICES BHO S1203120700 3875 W. Ustick Meridian, Id. 83642 • S. Aschenbrenner, Leonard A. & Feda Nadine 3875 W. Ustick Meridian, Id. 83642 P.3 S1203131335 !, Steiner, Louis J. & Brenda 0000 W. Sea Island 554 E. Bellevue Rd. Merid'+an, Id. 83642 Atwater Ca. 95301 S1203131285 /~. City of Meridian 0000 W. Sea Island 33 E. Idaho Ave. Mer'~dian, Id. 83642 Meridian, Id. 83642 S1203142000 /~ Teter, W.E. & Viola M. Trustees of Rev. Living Trust 2485 N. Ten Mile Rd. 2201 Allumbaugh Meridian, Id. 83642 Boise, Id. 83704 81277400040 /2. Larson, Gordon T. & Elise E. 2687 N. Hearth Ave. 2687 N. Hearth Ave. Meridian, Id. 83642 Meridian, Id. 83642 81277400050 2859 N. Hearth Ave. Meridian, Id. 83642 81277400060 2833 N. Hearth Meridian, Id. 83642 81277400070 3157 N. Ravenhurst Meridian, Id. 83642 81277400080 3123 N. Ravenhurst Meridian, Id. 83642 /3. Whitwell, Ronald J. & Rhonda L. 4402 Chaps Boise, Id. 83709 /,~ Mc Bee Corporation 2100 ZirCOn PI. Meridian, Id 83642 Mc Bee Corporation Mc Bee Corporation 86876950010 /,~ Smith, Bryan P. & Shannon M. 3180 W. Fieldstream Dr. 3180 W. Fieldstream Dr. Meridian, Id. 83642 Meridian, Id. 83642 86876950120 3151 W. Mirage Ct. Meridian, Id. 83642 AUG 21 '95 12 51 /G. Rue J. & Anne C. 3151 W. Mirage Ct. Meridian, Id. 83642 208 386 6658 PAGE.03 RUG 21 '95 1249 MK EI`IVIRONMEI`ITRL SERVICES BHO 86876950130 3156 W. Mirage Ct. Meridian, Id. 83642 86876950140 0000 W. Mirage Ct. Meridian, Id. 83642 86876950150 3138 W. Mirage Ct. Meridian, Id. 83642 86876950250 3095 Fieldstream Dr. Meridian, Id. 83642 AUG 21 '95 12 51 /7. Tuffley, Barbara F. 3156 W. Mirage Ct. Meridian, Id. 83642 /B, Voigt, Gary l.. P.O. Box 2094 Idaho Falls, Id. 83403 • /9 Mohr, Thomas & Dellaird D. P.O. Box 283 Boise, Id. 83707 ~. Burget, Arthur H. & Brenda A. 3095 Fieldstream Dr. Meridian, Id. 83642 208 386 6658 P.4 PAGE.04 • • 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 p.m., on September 12 1995, for the purpose of reviewing and considering the Application of Englewood Creek Dev. Corp., for a request fa- an application for reducing the minimum square footage requirement form 1800 square feet to 1500 square feet for land located in a portion of Lot 1, Section 3, T.3N, R.1 W, Boise Meridian, Ada County, Idaho, and which property is generally located on the SW comer of N. Ten Mile Road and Ustick Road. Amore particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 24th day of August, 1995. i~~~--r ~ WILLIAM G. BERG, JR., CI LERK E~ AU6 18 '95 05~02Pr~MK ENVIRONMEJ~ITAL T rfgr ~ P.6 1 -~ ~ ~• I ' •. U ~~ T 1 G K *. •~, ENlstLBWeoo GReEK`( ESTATES pROFl~~ED AdJI~E~GOC~I~rI RT . -RT T AUG 18 '95 17 03 i- ~ ~ 35 .~ n.._._. .~_ • M E!~ I t~ tAN C i TY LIM I'f~__.. ~. / s . • ~If~liplM !T ~ 1 ~ • '~ ; e.~- Y ~ •, ~ ~ ~ ~ ~ ~ . ~ s s ~ ~ '~ ~ t ~ ~." ~.• ~Mr~trwlllar •t ... . r ~ ~ ~0 11 ,~ ~ l0 N IT 1~ t1 I` ~ ' K YIAI(iE C't 1! N 1p ~' O .1 a~ .~ ,.•~ yr r I~41.~ i 116AY ~~ ~• N • ~ .1, . ~ 208 3866669 PAGE.06 i~r~ MERIDIAN CITY COUNCIL MEETING: NOVEMBER 8.1995 APPLICANT: ITEM NUMBER; ~8' ~9 REQUEST; TABLED OCTOBER 17 1985• AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW TO REDUCE REQUIRED MINIMUM HOUSE SIZE OF 1800 TO 1500 FOR ENGLEWOOD CREEK AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: Pik 1~~~ ~~F 7~~ ;~4G~a OTHER: COMMENTS C~I~~ h/"`~'~ ~~ ~~1 V .e ~~P~~ Alj Materials presented at public meetings shall become property of the City of Meridian. BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION ENGLEWOOD PARTNERSHIP ANNE7CATION AND ZONING A PORTION OF GOVERNMENT LOT 1. SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE, MERIDIAN MERIDIAN. IDAHO AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on June 8, 1993, at the hour of 7:30 o'clock p.m. on said date and again on September 12, 1995, on Applicant's request to reduce the required minimum house size of 1,800 down to 1,500 square feet, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant not appearing in person but through Richard Jewell, and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for June 8, 1993, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the June 8, 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 1 • 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 29.8 acres in size; it is in a portion of Government Lot 1, Section 3, Township 3 North, Range 1 West, Boise-Meridian, Ada County, Idaho. 3. That the property is presently zoned by the county as RT (Rural Transition) and the proposed use would be for R-4 Residential type development. 4. The general area surrounding the property is used agriculturally and residentially; that the residential property is zoned R-4, Residential; that the required minimum house size in the R-4 zone is 1,400 square feet; that Applicant stated in its preliminary plat application that the minimum house size was 1,800 square feet; that Applicant has come back to the City and requested that the minimum house size be decrease from the 1,800 square feet to 1,500 square feet. 5. That the property is adjacent and abutting to the present City limits. 6. The Applicant is not the owner of record of the property but the owner of record has requested the 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 2 • Area is defined in the Meridian Comprehensive Plan. 9. That the Application requests that the parcel be annexed and zoned R-4 Residential; that the present use of the property is for agriculture; that the applicant indicated that the intended development of the property is for an R-4 type subdivision and in the Application stated the density would be approximately 3.1 dwelling units per acre. 10. That Richard Jewell testified at the hearing commenting that Applicant is in agreement with the development fee statute; that developer will provide what is needed to work with the school district; that the property borders Ten Mile Road for 37 feet; that the island between Ten Mile Road and the proposed Application is owned and maintained by the homeowners; that pressurized irrigation would be provided if there is sufficient water available; that they will meet the street light ordinance; that a small park will be provided; that Applicant favors a real estate transfer fee; that Applicant is in favor of a green belt; that Applicant will work with all the public services; that Applicant will re-submit a preliminary plat. 11. That the property is in the CHERRY LANE Neighborhood as 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 3 • • unit per 5 acres may not be exceeded outside of the Urban Service Planning Area. 12. That in the Rural Area section of the Comprehensive Plan it does state that land in agricultural activity should so remain in agricultural activity until it is no longer economical to exclude orderly growth and development to maintain agricultural pursuits. 13. That 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. 14. That the property can be serviced with City water and sewer. 15. That the City Engineer, Meridian School District, Idaho Power, Bureau of Reclamation, and the Meridian Planning Director submitted comments and such are incorporated herein as if set forth in full. 16. The Meridian School District submitted comment and such is incorporated herein as if set forth in full; its comment was that there is no excess capacity in the schools of the District and that residents of the new subdivision could not be assured of attending the neighborhood schools; the School District asked for support for a development fee or a transfer fee to help offset the costs of building additional schools. 17. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 4 • • relating to subdivision ordinances, stated as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the proposed subdivision."; that the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and to those moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian School District which provide school service to current and future residents of the City; that the City knows that the increase in population does. not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks and recreation services; and the City knows that the increase in population does not provide sufficient tax base to provide for school services to current and future students. 18. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which if possible would be retroactive and apply to all residential lots in the City, because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 19. That the R-4, Residential District is described in the Zoning Ordinance, 11-2-408 B. 1 as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 5 • (R-4) LOW DENSITY RESIDENTIAL DISTRICT: The purpose of the (R-4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan or the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non-residential uses. The (R-4) District allows for a maximum of four (4) dwellings units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian. 20. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (10') wide." 21. That Section 11-9-605 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement;" 22. That Section 11-9-605 H 2. states as follows: "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision;" 23. That Section 11-9-605 K states as follows: "The extent and location of lands designed for linear open space corridors should be determined by natural features and, to lesser extent, by man-made features such as utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi- improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 6 • • 1. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; 3. To play a major role in conserving area scenic and natural value, especially waterways, drainages and natural habitat; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal; linkages; and 6. To link residential neighborhoods, park areas and recreation facilities. 24. That Section 11-9-605 L states as follows: Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Council shall consider the Bicycle-Pedestrian Design Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments. 25. That the Applicant submitted an application for preliminary plat along with the application for annexation and zoning which application included a preliminary plat. 26. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 7 • • 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a legislative function. 3. That the Planning and Zoning Commission has judged this annexation and zoning application under Section 50-222, Idaho Code, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, the Meridian Comprehensive Plan, ~s amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant, with the consent of the owner 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 8 • Section 11-9-616 which pertains to development time schedules and requirements and 11-9-605 M, Piping of Ditches; that the Applicant will be required to connect to Meridian water and sewer; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance; that, as a condition of annexation the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, K, L and the comments of the Planning Director, Wayne Forrey, relating to the lack of adequate recreation facilities and that land set aside for a future park would be desirable, that the City is in need of land set-asides for future public service use, that a school site was not reserved and the subdivision, when developed totally, would contribute 125 children to the School District, a greenbelt along Nine Mile Creek and co-ordination was needed with the Pathway Plan; that the development agreement shall, as a condition of annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any development fee or transfer fee adopted by the City; that there shall be no annexation until the requirements of this paragraph are met or, if necessary, the property shall be subject to de- annexation and loss of City services, if the requirements of this paragraph are not met. 10. That proper and adequate access to the property is available and will have to be maintained. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 9 11. That since the Applicant's property is in the CHERRY LANE 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. 12. It is concluded that the development, with a density of 3.15 dwellings units per acre, is an R-4 type development and should be zoned in that fashion; that the minimum house size was initially listed as being 1,800 square feet and that was required by the City because that is what was requested by the Applicant; since the Applicant has requested that the minimum house size be decreased to 1,500 square feet and other subdivisions in the area have similar minimum house sizes, that the minimum house size should be 1,500. 13. Therefore, based on the Application, the Findings of Fact and Conclusions, and the Ordinances of the City of Meridian, it is ultimately concluded that Applicant's property should be annexed and zoned R-4; that the development of the property shall be at a density of not more than 3.15 dwelling units per acre with a minimum house size requirement of 1,500 square feet; that any representations of Applicant's representative shall be a restriction on the development and all representations shall be met; 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-4 density is FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 10 • • exceeded, the 1, 500 square foot minimum house size is not followed, or dwellings other than single family dwellings are allowed; and this restriction shall be noted on the plat of the subdivision. 14. That all ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled the property shall be subject to de-annexation. 15. That any requirements from the Nampa Meridian and Settlers Irrigation Districts shall be met as well as any requirements of the Bureau Reclamation and the City Engineer. 16. With compliance of the conditions contained herein and the 1, 500 minimum house size followed, the annexation and zoning or R-4, Residential, would b,e in the best interest of the City of Meridian. 17. That if the conditions of approval are not met the property shall be subject to de-annexation. 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 COMMISSIONER SHEARER VOTED f 1~1~s COMMISSIONER ALIDJANI VOTED '~ CHAIRMAN JOHNSON (TIE BREAKER) VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 11 • DECISION AND RECOI~II~IENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning as stated above in the Conclusions for the property described in the 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 and waterways as a condition of annexation and that the Applicant meet all of the Ordinances of the City of Meridian, specifically including the development time requirements and the conditions of these Findings and Conclusions and that if the conditions are not met that the property be de-annexed. MOTION: APPROVED: DISAPPROVED: II ~~ Q~ ~~l FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 12 • APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions of Law on this ~ day of ~t/or,~~~L , 1995. ROLL CALL COUNCILMAN MORROW COUNCILMAN YERRINGTON COUNCILMAN CORRIE COUNCILMAN TOLSMA VOTED A '~ ~ VOTED VOTED VOTED MAYOR KINGSFORD (TIE BREAKER) (INITIAL) APPROVED VOTED DISAPPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW - ~~~~'~~`~°~ • Meridian Planning & Zoning Commission September 12, 1995 Page 6 maintenance of the pipe. It does drain a portion of the street from the I think there is a catch basin at I am not sure the name of the street but it is the first street in from East 1st, there is a point of catch right there and that pipe runs to the east and then to the north along in this easement and then to the east continuing along the north side of this property to Nine Mile Drain. So if the easement is to be vacated then the pipe needs to be relocated in another easement I would assume. It is not our pipe, it belongs to, I guess it is the Highway District's storm drainage pipe.. I am not certain of that but Larry could speak to that. Johnson: Thank you Mr. Smith. Larry Sale, anything to add. Sale: Mr. Chairman, members of the Commission, for the record I am Larry Sale with ACRD. The design plans for the storm drains indicate that is varies in depth from 8 feet in the street to about 10 feet deep along the property line. Obviously anything can be relocated if you spend enough money I guess. We would recommend that the applicant search for another means to reach their goals other than to vacate the easement and relocate the pipe. So we would reaffirm our recommendation that the easement not be vacated. Certainly until the applicant provides the Highway District with an adequate plan for suitable relocation. Johnson: Thank you Mr. Sale. Would the applicant like to make any further comment before we close the public hearing? At this time I will close the public hearing. Any further questions or discussion? Rountree: Do we have findings on this or do we make a decision? Crookston: I believe we have to. have findings. Rountree: Mr. Chairman, I move that we have findings of fact and conclusions of law prepared on this request for vacation of a 20 foot easement. Hepper: Second Johnson: It is moved and seconded that we have the City Attorney prepare findings of fact and conclusions of law on this application, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: PUBLIC HEARING: REQUEST TO REDUCE THE MINIMUM SQUARE FOOTAGE FROM 1800 TO 1500 SQUARE FEET FOR ENGLEWOOD SUBDIVISION BY ENGLEWOOD CREEK DEVELOPMENT: Y l C~ Meridian Planning & Zoning Commission September 12, 1995 Page 7 C Johnson: I will now open the public hearing and invite the applicant or his representative to come forward and. address the Commission. Is there anyone here representing the applicant? It is a possibility. Mr. Jewell is coming, he told our City Clerk that he might be a little late. It would be my recommendation that we defer this to the end of our agenda. ITEM #13: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A CELLULAR COMMUNICATION FACILITY BY US WEST NEWVECTOR GROUP, INC.: Johnson: 1 will now open the public hearing, is the applicant or his representative ready to address the Commission. Timothy McFadden, 11201 Southeast 8th St, Bellevue, WA, 98004, was sworn by the City Attorney. McFadden: I am an acquisition and zoning consultant for US West, I am the person that prepared the package that you have before you. US West is requesting permission conditional use permit to construct a cellular phone facility at the mini storage located on Meridian. The facility ~nrould consist of interior, there is currently covered storage there. What US West is proposing to do is to enclose one of those units with the radio equipment inside that enclosed unit and then put the pole with the equipment next to it with the equipment on it next to the building. This is for lack of a better term a second generation cellular site. By that I mean the first generation of cellular is typically found on the highest points around, for instance Table Rock and some of the 300 or 400 foot towers that they put in. The only way that the company or any cellular company can increase capacity is to add more sites. Given the explosive growth of the industry this is one of 4 or 5 sites that is going to be going in around the perimeter of the Boise area, the core area to increase capacity. From the standpoint .of US West this is a fairly basic facility, there is nothing unusual about this one that you wouldn't find in any other cellular facility. The equipment room will contain 2 way radio equipment, and as I said the pole will have the antennas on top. We have entered into an option to lease from the gentleman that owns the storage pending the obtaining of all the necessary permits. We would hope that once the permits if and when the permits are granted we would be able to move into construction as soon as possible. It is really all we have in the way of a presentation. Johnson: Thank you very much, are there any questions of Mr. McFadden? Rountree: Are there any specific cellular requirements that makes this site particularly good for you (inaudible). McFadden: My job is I am the real estate guy that goes out and finds it and does the permitting. The -way the files are assigned to me is the engineering department based in • • Meridian Planning & Zoning Commission September 12, 1995 Page 22 Sale: Mr. Chairman that is correct this is on the same schedule it will be before or tech review meeting this Friday morning and go to the Commission next Wednesday. Johnson: Thank you. Does anyone else have anything? I will close the public hearing at this time. Any discussion, what would you like to do? Rountree: I would like to see the plat modified to show your common lot for landscaping or have notes on the plat that would indicate how landscaping is going to accomplished and where. And I would like to see it reflect a final approved access points on Overland before I would make a recommendation to the City. Johnson: Does anyone else have any comments? Would anyone like to make a motion? Rountree: I guess in that situation we table it until it is done. Mr. Chairman, I make a motion that we table action on the preliminary plat for this item until we get resolve of the issues pointed out this evening here. Crookston: Do you want to leave the public hearing open or closed or an opportunity to re-open without further notice. Rountree: I will further expand that to leave the opportunity to re-open the public hearing without further notice if deemed necessary by the Commission to the next regularly scheduled meeting. Hepper: Second Johnson: We have a motion and .a second to table this item and with the condition that the public hearing can be reopened if we deem it necessary, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: PUBLIC HEARING: REQUEST TO REDUCE THE MINIMUM SQUARE FOOTAGE FROM 1800 TO 1500 SQUARE FEET FOR ENGLEWOOD SUBDIVISION BY ENGLEWOOD CREEK DEVELOPMENT: Johnson: I will now open the public hearing is the applicant or representative here that would like to address the Commission at this time? Richard Jewell, 1082 Arlington, Eagle, was sworn by the City Attorney. Jewell: Mr. Chairman and Commissioners, first of all I would like to apologize for getting • Meridian Planning & Zoning Commission September 12, 1995 Page 23 here late and I appreciate you holding it over. This request is for reduction in square footage of the dwellings for Englewood Subdivision from 1800 square feet to 1500 square feet. There are several reasons that we are requesting this. One of the major reasons those is due to the current market. The 1800 square foot homes are not really selling at this time, they have not been for the past year. Johnson: Enlighten me, what is the average sale price on an 1800 square foot home? Jewell: They range approximately between well right around $75 a square foot. Smith: $135,000 Jewell: We have another subdivision Running Brook Estates which had the minimum square footage of 1800 square feet, it is a different location or different area. However we have had some hardships in that particular subdivision because of the lack of lot sales. In addition to that the surrounding subdivisions that have been approved and are in the process of being developed are all in the neighbofiood of 1400 square feet. Originally we came to the City I guess it dates back to about April requesting the square footage reduction. There was some concern about how to proceed with this. So we decided to come back to Planning and Zoning as per the Mayor's recommendation. Do you have any questions? Johnson: Yes, why does the Mayor keep doing this? Jewell: Well in this particular case he was probably correct, the reason being is because in the preliminary plat process when we had the preliminary plat submitted along with the annexation request the City requested the preliminary covenants of which we submitted and they were generally what we intended however they were sketched from the last project we had at 1800 square feet and that is how it got sent through and the annexation tied the square footage of the dwelling units to the approval or the approval tied the square footage to the annexation which I believe is an incorrect thing but apparently that is how it's done. Johnson: The difference between that market, that $112,500 versus $135,000 I have no clue whether. that is a valid argument or not. I don't have any statistics on what is selling and what isn't. What you are telling us is there is a significant difference just to that 300 square foot range then as far as what people are able to afford at this point or that is what is selling. Jewell: Generally in the valley here, anything that is say up to $105,000 - $110,000 it is selling as fast as you can put them up generally speaking. You get up to $125,000 - • Meridian Planning & Zoning Commission September 12, 1995 Page 24 $150,000 on up to $250,000 somewhere in there and it is a very depressed market at least compared to what it was. Johnson: I know the upper market in the $200,000 to $250,000 range is really depressed but I wasn't aware it was at $135,000. Thank you very much, are there any other, any questions at all for Mr. Jewell? Thank you, this is a public hearing, does anyone else have any comments? Does anyone from staff have any comments on the reduction request in square footage of these homes? At this point I will close this public hearing. Is there any discussion, if not I will entertain a motion for whatever you would like to do. Alidjani: Mr. Chairman, 1 make a motion we have the City Attorney draw up findings. Rountree: Second Johnson: I assume we need findings on this request for a reduction, is that correct or not? Crookston: Well, there were findings prepared when we did the annexation and zoning. The findings indicate that the request for the 1800 square feet was at the developers request as I remember it was included in their application either in their plat application or in their annexation application. I think that you do need to amend, if your desire is to proceed with the amendment I think that those findings need to be amended. I don't think we need new findings but you would need amended findings. Johnson: That was the reason for my question. So we do have a motion and a second. Crookston: You can make a recommendation you still need the findings but you can make a recommendation. Johnson: I was thinking, I am trying to find a way to speed this process up is what 1 trying to do. Crookston: It would still have to approve the amended findings. Alidjani: So no matter what we do it is going to wait until the October 10th meeting in order to approve the amended findings or a new finding. Crookston: That is correct. Alidjani: Because how can any of us amend findings which we don't have the copy of right now anyway? • • Meridian Planning & Zoning Commission September 12, 1995 Page 25 Johnson: Isn't there a way we can proceed since we are only changing the square footage? Crookston: I think that you can make a finding that would amend the previously adopted findings down to the 1500 that I would prepare those findings and that can proceed onto the Council. Johnson: If that is legal that would be my recommendation that we do that so we are moving this thing along a little quicker. But on that motion we have on the floor then we either need it withdrawn then or vote on it. Alidjani: Mr. Chairman I take back my motion. Johnson: The motion has been withdrawn then, is there a new motion? Crookston: You either need to approve or deny the change and then request that findings be prepared to reflect your decision. Hepper: So moved Johnson: We have a motion then to approve the request of the reduction of the square footage, do we have a second? Rountree: Second Johnson: All those in favor? Opposed? MOTION CARRIED: All Yea Johnson: Is there an additional foot note? Hepper: I really don't see where it is a problem where there is not going to be any additional findings. Johnson: There is no additional testimony, there isn't anything else to add. Is there anything else anyone would like to bring up? Rountree: Do we want to talk about that letter from Gary Smith that was in our mailbox, has that been resolved? Johnson: I think I responded to your letter once and if that is the one Charlie is referring • MERIDIAN PLANNING & ZONING COMMISSION MEETING: SEPTEMBER 12.1995 APPLICANT: ENGLEWOOD CREEK DEVELOPMENT AGENDA I TEM NUMBER: 12 REQUEST: REQUEST TO REDUCE THE MINIMUM SQUARE FOOTAGE FROM 1800 TO 1500 SQ. FT. FOR ENGLEWOOD SUBDIVISION A NCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS COMMENTS FORTHCOMING "REVIEWED" SEE ATTACHED COMMENTS !1~~" I~su ~S~u u~q ~ }d`y ~ `~~ ~``i Y ~~ SEE ATTACHED COMMENTS 5 ~`~~~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., CIty Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P & Z Adm. PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Pollce Chief WAYNE G. CROOKSTON, JR., Attorney ~ • HUB OF TREASURE VALLEY COUNCIL MEMBERS A Good Place to Live RONALD R. TOLSMA MAX YERRINGTON CITY OF MERIDIAN WALT W. MORROW 33 EAST IDAHO p & Z COMMISSION MERIDIAN, IDAHO 83642 JIM JOHNSON, Chairman Phone (208) 888-4433 • FAX (208) 887-4813 MOE ALIDJANI Public WorksBuilding Department (208) 887-2211 JIM SHEARER Motor Vehicle/Drivers License (208) 888-4443 CHARLIE ROUNTREE TIM HEPPER GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8< Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by:~ptember 5 1995 TRANSMITTAL DATE: 8/21/95 HEARING DATE: 9/12/95 REQUEST:~pplication to reduce the minimum sa footage from 1800 to 1500 sa ft BY: Englewood Creek Dev Corp LOCATION OF PROPERTY OR PROJECT: SW comer of N. Ten Mile Road and Ustick Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P2 CHARLES ROUNTREE, P/Z _TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT ~C POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM ~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8 FINAL PLAT) U.S. WEST(PRELIM 8 FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMATIO P LIM INAL PLAT) CITY FILES OTHER: 7 YOUR CONCISE REMARK VED ~!.!~ 2 ~ ~g~5 ~:I~f ~C Ot' ~t~~lli3i~AN WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P & Z Adm. PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Flre Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • • HUB OF TREASURE VALLEY COUNCIL MEMBERS A Good Place to Live RONALD R. TOLSMA MAX YERRINGTON CITY OF MERIDIAN WALT W. MORROW 33 EAST IDAHO P & Z COMMISSION MERIDIAN, IDAHO 83642 JIM JOHNSON, Chairman Phone (208) 888-4433 • FAX (208) 887-4813 MOE AUDJANI Public WorksBuilding Department (208) 887-2211 JIM SHEARER Motor Vehicle/Drivers License (208) 888-4443 CHARLIE ROUNTREE TIM HEPPER GRANT P. HINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by:.~ptember 5, 1995 TRANSMITTAL DATE: 8/21!95 HEARING DATE: 9/12/95 REQUEST:~pplication to reduce the minimum sq. footage from 1800 to 1500 sa ft BY: Englewood Creek Dev. Corp. LOCATION OF PROPERTY OR PROJECT: SW comer of N. Ten Mile Road and Ustick Road JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P/Z TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT -SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY -CITY ENGINEER -CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PREUM 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8r FINAL PLAT) U.S. WEST(PRELIM 8r FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8r FINAL PLAT) CITY FILES ~ ~ ~ ~ ~'~ OTHER: YOUR CONCISE REMARKS: ~ i`2~ Gt,~u L ~ ss ~N / ~ 1 sF/i ~ a~s~s eLds e2 ~og~ ko~- ~.IEC~I~I~i) AUG 2 3 1995 ~;ITY U~- tvrlt:~iiluj~it~ CENTRAL •• DISTRICT ~1'HEALTH DEPARTMENT CENTRAL DISTRICT HEALTH DEPARTN~NT Environmental Health Division , ~ Return to: .~~ ~. ~~ y.v ~.• ^ Boise Rezone # rr• s:. D Conditional Use # Preliminary /Final /Short Plat ~NGG~ w Qv~ G~~C/~ d EYC~~~,~/~ ~rr.~ . ^ Eagle ^ Garden city ~h'leridian ^ Kuna ^ Acz ~. I . 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 sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ^ 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ^ central sewage ^ community sewage system ^ community water well ^ interim sewage ^ central water ^ individual sewage ^ individual water ^ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water ^ 10. Street Runoff is not to create a mosquito breeding problem. ^ I I. Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rules. ^ Groundwater Protection ^ 12. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 14. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ 15. ^ beverage establishment ^ grocery store Date: ~/ S /~ ~ , Reviewed By: EDHD ID/91 rc6, rev. I/95 Review Sheet WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P & Z Adm. PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Flre Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney GRANT P. xuvGSFORD ~•3 AUG 1995 M COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P & Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER ayor NAMPA ~ MERIDIAN lRRICaAT10N DISTRICT TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by:~ptember 5. 1995 TRANSMITTAL DATE: 8/21/95 HEARING DATE: 9/12/95 REQUEST:~pplication to reduce the minimum sq. footage from 1800 to 1500 sa.ft. BY: Englewood Creek Dev. Corn. LOCATION OF PROPERTY OR PROJECT: SW comer of N. Ten Mile Road and ~f ck Road JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P/Z TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8r FINAL PLAT] U.S. WEST(PRELIM 8 FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8 FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8r FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: ~ ~/ HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO .MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 U 11~~1~~ V 1l~..® Motor Vehicle/Drivers License (208) 888-4443 i.Y ~ Y ~~ imlCdYl1U'1/'li • ' I do not believe this request will impact Nampa & Meridian Irrigation District, but I would like to restate the District`s previous comments. Nampa & Meridian Lrrigation District`s Ninemile Drain courses along the center of the subdivision: The right-of-way of the Ninemile Drain is 100 feet: 50 feet from t1zQ~,_center etch way. See Idaho Code 42-1208. RIGHTS-OF-WAY NOT SUB- JECT TO ADV)R5E `POS~$SS~ION. The developer must contact John Anderson or Bill Henson at Nampa,&f,i~le;ridian Irrigation District, 466-0663 or 345-2431, for approval before ,ax~y;,enc;rpachment or change of right-of-way occurs. Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting. Contact Donna Moore at 343-1884 or 466-7861 for further information. All laterals and waste ways must be protected. Municipal surface drainage must be retained on site. If any surface drainage leaves the site, Nampa & Meridian Irrigation District must review drainage plans. It is recommended that irrig tion water be made available to all developments within this District. John P. Anderson, District Water Superintendent Nampa & Meridian Irrigation District