HomeMy WebLinkAboutQuinn, Billy AZ EASUREVALLEY ~
~ HUBOFT
R COUNCILMEMSERS
OFFICIALS
1~ WILLIAM G. BERG, Jr., Clty Clerk A Good Place to Live MAX YERRINGTONA
JANICE L. GABS, Clty Treasurer
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CITY OF MERIDIAN ROBERT D. CORRIE
WALTW.MORROW
BRUCE D.
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pt.
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, P 8 Z COMMISSION
JOHN T. SHAWCROFr, Wasta Weter Supt.
DENN13 J. SUMMERS, Parks supt. 33 EAST IDAHO JIM JOHNSON, Chairman
SHARI S. STILES, P b Z Adm.
MERIDIAN, IDAHO 83642 MOE ALIDJANI
JIM SHEARER
KENNETH W. SOWERS, Flrs Chlaf
W. L. "BILL" GORDON, Police Chlsf Phone (208) 888433 • FAX (208)887.4813 CHARLIE ROUNTREE
TIM HEPPER
WAYNE G. CROOKSTON, JR., Attorney Public Works/Building Department (208) 887-2211
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 ~ Zoning Commission, please submit your comments and recommendation to
Meridian City Hall, Attn: Will Berg, City Clerk by: August 11995
TRANSMITTAL DATE: 7/18/95 HEARING DATE: 818/95
REQUEST: Annexation and zoning to R-40 for 2 3 acres
BY: Billy Quinn
LOCATION OF PROPERTY OR PROJECT: South of Blue Heron Lane and East of
Meridian Road
JIM JOHNSON, P2
MOE ALIDJANI, P/Z
JIM SHEARER, P/Z
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 8 FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & FINAL PLAT)
CITY FILES
OTHER:
YOUR CONCISE REMARKS:
~~~~~
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APPLIATION FOR ANNEXATION APPROVAL &
ZONING OR .REZONE
MERIDIAN PLANNING AND ZONING COMMISSION
FILING INFORMATION
I. GENERAL INFORMATION
(PR~OlPOSED NAME OF SUBDIVISION)
(GENERAL LOCATION)
(LEGAL DESCRIPTION - ATTACH IF LENGTHY)
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(OWNER(S OF RECORD) (NAME) (TELEPHONE N0.)
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(ADDRESS)
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(APPLICANT) (NAME) (TELEPHONE N0.)
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(ADDRESS)
(ENGINEER, SURVEYOR OR PLANNER) (NAME) (TELEPHONE N0.)
(ADDRESS)
(JURISDICTION(S) REQUIRING APPROVAL)
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(TYPE OF SUBDIVISION - RESIDENTIAL, COMMERCIAL, INDUSTRIAL)
+50
ACRES OF LAND IN CONTIGUOUS
OWNERSHIP.
(ACCEPTED BY:) (FEE)
•
BILLY QUINN
BROKER
2310 N. MERIDIAN RD.
MERIDIAN, IDAHO 83642
QUINN & CO.
Telephone (208) 887 2217
July 14, 1995
To: Meridian Planning and Zoning Commission
From: Billy Quinn
Re: Annexation/rezoning for Meridian property
I am the owner of record of the piece of property described in detail within this
application. The property is presently in Ada County. It is surrounded by the property
within the city limits of Meridian. City water and sewer are trunked to the edge of the
property along Meridian Road. I have had to replace my well once since I've owned this
property. Although I have not had any experience with difficulty with the septic system,
I am a single spare user. I don't know what I could expect from heavier usage. I would
like to be able to hook up to Meridian water and sewer for another reason and that is that
by doing that I would be able to apply for government insured financing, FHA or VA, not
available without the city amenities. Joining the city would allow me to be able to hook
up approximately one-half the cost of hooking up now. Having hooked up and joined the
city with the accompanying rezone, I would be able to reasonably accomplish a "one time
only" lot split between the house on a lot of approximately 9000 ft sq.
I would be requesting a rezone to a zoning recommended by the Meridian Comprehensive
Plan to include limited office usage. I have preliminarily had some platting done for four
plexes. My plans do not include any immediate development, but only the lot split/ finance
considerations for personal reasons. As far as developing the remaining approximately 2
acres; I would prefer to wait for a period of time until the Meridian building fever
subsides in order to better assess a highest and best usage. The concept of a combination
of office/resident townhouses fronting Meridian Road with some other residential usage
further to the east.
I am requesting annexation to the City of Meridian with an accompanying rezone to
R- `/4 '~/PUD as conforming with the designated area of the Comprehensive Plan of
Meridian, with a density of forty units per acre.
Respe lly, , ~
Billy i / ~ ~ I ,~,G , ~.
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• •
' TO: MERIDIAN PLANNING AND ZONING COMMISSION, AND MERIDIAN
PLANNER
FROM: BILLY QUINN, OWNER
RE: ANNEXATION AND ZONING OF PROSPECTIVE PROPERTY AS KUMU
SUB.
AT PRESENT THIS PROPERTY CONSISTING OF APPROXIMATELY 2.3 ACRES LIES
IN ADA COUNTY. THE CURRENT ZONING AND USE IS RURAL RESIDENTIAL,
ADA COUNTY. ADJACENT TO THIS PROPERTY TO THE SOUTH IS THE BOUNDARY
LINE FOR THE CITY OF MERIDIAN. THE PROPERTY SURROUNDING THIS
PROPERTY IN ALL DIRECTIONS, SAVE THE CUNNINGHAM AND KNAPP TO THE
EAST LIES IN THE CITY OF MERIDIAN. THE PREVAILING USES OF THE
SURROUNDING PROPERTY IS HIGH DENSITY RESIDENTIAL AND COMMERCIAL
USEAGE. THIS PROPOSAL WOULD CALL FOR INCORPORATION INTO THE CITY
OF MERIDIAN WITH ZONING TO INCLUDE HIGH DENSITY RESIDENTIAL AND
LIGHT COMMERCIAL USEAGE. THESE USES CONFORM BOTH TO THE INTEGRITY
OF THE SURROUNDING NEIGHBORHOOD AS WELL AS TO THE PROJECTIONS OF
THE MERIDIAN PLANNING AND ZONING COMMISSION AS REPRESENTED IN THE
COMPREHENSIVE PLAN.
THE NECESSITY AND DESIRABILITY OF DEVELOPMENT PERTAINING TO THE
HARMONY OF THIS PROPERTY WITH ITS IMMEDIATED SURROUNDINGS IS
EVIDENCED BY THE FACT THAT THIS RURAL ADA PASTURE IS THE EXCEPTION
RATHER THAN THE RULE AS ONE PROCEEDS NORTH BETWEEN CHERRY LANE AND
USTICK ON MERIDIAN ROAD WHICH IS THE NEIGHBORHOOD OF THE PROPERTY.
IT IS CONSISTENT WITH THE CURRENT USEAGE TO BE ANNEXED AND ZONED
APPROPRIATELY. IT IS ALSO CONSISTENT WITH THE INTENDED PROJECTIONS
ESTABLISHED BY THE MERIDIAN COMPREHENSIVE PLAN.
THE PROPERTY WILL BE POSTED 1 WEEK PRIOR TO HEARING STATING THAT AN
APPLICATION HAS BEEN MADE FOR ZONING CHANGE AND ANNEXATION. THIS
STATEMENT WILL SERVE AS AN AFFADAVIT TESTIFYING TO THE INTENT
HEREIN.
R ECT ULLY,
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EXI~IBIT 'A'
A TRACT OF LAND IN LOTS 1 AND 2 OF J.E. PFOSTS SUBDIVISION,
ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED IN BOOK 4 OF PLATS
~_T PAGE 15?, RECORDS OF ADA COUNTi', IDAi-iv, Iiv SECTIGN G, TO~:NSHIP
3 NORTH, RANGE 1 EAST, MORE PARTICULARLY DESCRIBED AS FOLLOL9S:
BEGINNING AT A STEEL PIN, THE NORTHL9EST CORNER OF LOT 1 OF J.E.
PFOSTS SUBDIVISION, L9HICH IS 33 FEET SOUTH AND NORTH 89°18' EAST
30 FEET FROM THE L~1EST QUARTER CORNER OF SECTION 6, TOL9NSHIP 3
NORTi~, RANGE 1 EAST, THE REAL POINT OF BEGINNING;. THENCE
• NORTH 89°18' EAST 311.00 FEET TO A POINT; THENCE
SOUTH ALONG A LINE PARALLEL TO THE LtiEST SECTION OF LINE OF
SECTION 6 A DISTANCE OF 185 FEET; THENCE
NORTH 89°42' EAST 156.00 FEET TO~A POINT; THENCE
SOUTH 00°Ol' WEST 93.20 FEET TO A POINT; THENCE
SOUTH S9°04' L4EST 467.00 FEET TO A POINT; THENCE
NORTH AND PARALLEL TO THE P1EST LINE OF SECTION 6 A DISTANCE OF
280.1 FEET TO THE REAL-POINT OF BEGINNING.
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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 p.m., on October 17, 1995, for the purpose of reviewing and considering the
Application of Billy Quinn, for annexation and zoning of approximately 2.3 acres of land
located in Lots 1 and 2 of J.E. Pfosts Subdivision, Boise Meridian, Ada County, Idaho, and
which property is generally located South of Blue Heron Lane and East of Meridian Road.
The Application requests annexation with zoning of R-40.
A more 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 28th day of September, 1995.
ILLIAM G. BERG, JR., I LERK
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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 August 8, 1995, for the purpose of reviewing
and considering the Application of Billy Quinn, for annexation and zoning of approximately
2.3 acres of land located in Lots 1 and 2 of J.E. Pfosts Subdivision, Boise Meridian, Ada
County, Idaho, and which property is generally located South of Blue Heron Lane and East
of Meridian Road. The Application requests annexation with zoning of R-40.
A more 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 17th day of July, 1995.
K
1
WILLIAM G. BERG, JR., LERK
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ORDINANCE NO. ~Cl
AN ORDINANCE OF TAE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN
REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND IN THE NW 1/4
OF THE SW 1/4 OF SECTION 6, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE
MERIDIAN, ADA COUNTY, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council and the Mayor of the City of
Meridian, Idaho, have concluded that it is in the best interest of
said City to annex to the said City real property which is
described in Section 1 below:
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council
of the City of Meridian, Ada County, Idaho:
Section 1. That the real property described as:
A parcel of land situated in the NW 1/4 of the SW 1/4 of
Section 6, Township 3 North, Range 1 East, Boise Meridian, Ada
County, Idaho, more particularly described as follows:
PARCEL ONE:
Commencing at a found brass cap marking the SW Corner of
said Section 6, T3N. , R1E, Thence along the westerly line
of said Section 6, said line also being the centerline of
Meridian Road N 00°25'30" W, a distance of 2648.37 feet
to a found aluminum cap monumenting the W 1/4 Corner of
said Section 6,
Thence continuing along said westerly line S 00°25'30" E,
a distance of 232.98 feet to a point, said point also
being the POINT OF BEGINNING.
Thence leaving said westerly line N 88°38'32" E, a
distance of 135.00 feet to a point,
Thence S 00°25'30" E, a distance of 80.00 feet to a
point,
Thence S 88°38'32" W, a distance of 100.00 feet to a 1/2"
steel pin w/cap,
Thence continuing S 88°38'32" W, a distance of 35.00 feet
to a point, said point being on the westerly line of
Section 6, and centerline of Meridian Road,
Thence along said westerly line N 00°25'30" W, a distance
of 80.00 feet to the POINT OF BEGINNING.
ANNERATION ORDINANCE - BILLY QUINN
PAGE 1
•
AND
PARCEL TWO:
A parcel of land situated in the NW 1/4 of the SW 1/4 of
Section 6, Township 3 North, Range 1 East, Boise Meridian, Ada
County, Idaho, more particularly described as follows:
Commencing at a found brass cap marking the SW Corner of
said Section 6,. T3N., R1E., Thence along the westerly
line of said Section 6, said line also being the
centerline of Meridian Road N 00°25'30" W, a distance of
2648.37 feet to a found aluminum cap monumenting the W
1/4 Corner of said Section 6, said aluminum cap also
being the POINT OF BEGINNING.
Thence leaving said westerly line and along the northerly
line of the SW 1/4 of said Section 6, N 88°51'43" E, a
distance of 341.02 feet to a point,
Thence leaving said northerly line S 00°25'30" E, a
distance of 33.00 feet to a 1/2" steel pin w/cap,
Thence continuing S 00°25'30" E, a distance 185.01 feet
to a 1/2" steel pin w/cap,
Thence N 88°51'43" E, a distance of 155.89 feet to a 1/2"
steel pin w/cap,
Thence S 00°25'30" E, a distance of 93.20 feet to a 1/2"
steel pin,
Thence S 88°38'32" W, a distance of 361.94 feet to a
point,
Thence N 00°25'30" W, a distance of 80.00 feet to a
point,
Thence S 88°38'32" W, a distance of 135.00 to a point,
said point being on the westerly line of Section 6, and
centerline of Meridian Road,
Thence along said westerly line N 00°25'30" W, a distance
of 232.98 feet to the POINT OF BEGINNING.
is hereby annexed to the City of Meridian; that PARCEL ONE is
zoned R-4 Residential and PARCEL TWO is zoned R-40 High Density
Residential but instructed to development at 20 units per acre;
that the annexation and zoning is subject to the conditions
referenced in the Findings of Fact and Conclusions of Law as
ANNEXATION ORDINANCE - BILLY QUIT PAGE 2
• •
adopted by the Meridian Council on the request for annexation and
zoning.
Section 2. That the property shall be subject to de-
annexation if the owner shall not meet the following requirements:
a. That the Applicant will be required to connect to
Meridian water and sewer and resolve how the water and
sewer mains will serve the land.
b. That the development of the property shall be subject to
and controlled by the Subdivision and Development
Ordinance and the Meridian Comprehensive Plan adopted
January 4, 1994.
c. 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 inclusion into the
subdivision of the requirements of 11-9-605 C, G., H 2,
K, L and M of the Revised and Compiled Ordinances of the
City of Meridian and other matters.
d. That the development of annexed land must meet and comply
with the Ordinances of the City of Meridian and in
particular Section 11-9-616, which pertains to
development time schedules and requirements, and 11-9-605
M. which pertains to the tiling of ditches and waterways.
e. That these conditions shall run with the land and bind
the Applicant, the titled owners, and their assigns.
f. Meet the requirements and conditions of the Findings of
Fact and Conclusions of Law and meet the Ordinances of
the City of Meridian.
g. That Applicant shall not develop, construct, or allow
construction, at a density greater than twenty (20)
dwelling units per acre in the land zoned R-40.
Section 3 . That the City Clerk shall cause one (1) copy of
the legal description and map which shall plainly and clearly
designate the boundaries of said property, to be filed with the Ada
County Recorder, Ada County Assessor, and the State Tax Commission
within ten (10) days following the effective date of this
Ordinance.
ANNEXATION ORDINANCE - BILLY QUINN PAGE 3
•
Section 4. This Ordinance shall be in full force and
effect from and after its passage, approval and publication as
required by law.
PASSED by the City Council and Approved by the Mayor of the
City of Meridian, Ada County, Idaho, this ~~f~" day of December,
1995.
APPROVED:
MA OR -- GRAN P. GSFORD
ATTEST:
r ~ ~~~~~
WILLIAM G. BERG, JR CITY CLERK
STATE OF IDAHO,)
ss.
County of Ada, )
I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian,
Ada County, Idaho, do hereby certify that the above and foregoing
is a true, full and correct copy of an Ordinance entitled "AN
ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL
PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND IN THE NW 1/4 OF
THE SW 1/4 OF SECTION 6, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE
MERIDIAN, ADA COUNTY, AND PROVIDING AN EFFECTIVE DATE,"
passed as Ordinance No. ZO, by the City Council and Mayor of the
City of Meridian, on the ,5~ day of December, 1995, as the same
appears in my office.
DATED this ~ day of December, 1995.
~~
City Clerk, City ridian
Ada County, Idaho
ANNEBPITION ORDINANCE - BILLY QUINN PAQ~E 4
n
LJ
STATE OF IDAHO,)
ss.
County of Ada, )
On this S ~ day of
undersigned, a Notary Public
appeared WILLIAM G. BERG, JR.
name is subscribed to the w~
acknowledged that he executed
December, 1995, before me, the
in and for said State, personally
known to me to be the person whose
.thin and foregoing instrument, and
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above
written., r--
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ANNEXATION ORDINANCE - BILLY QUINN PAGE 5
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•
Meridian City Council
December 5, 1995
Page 19
Crookston: I would doubt it.
Kingsford: I think it ought to be tabled then with items 6 and 7 and deal with it at the same
time. I think we have those findings prepared and ready to be deal with them but it is
inappropriate to grant a variance on something that is not in the City.
Yerrington: I move that we table to our next regular meeting on the 19th.
Corrie: Second
Kingsford: Moved by Max, second by Bob to table item 10 to the next meeting December
19, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #11: ORDINANCE #720 - BILLY QUINN ANNEXATION:
Kingsford: AN OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL
PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND IN THE NW 1/4 OF THE
SW 1/4 OF SECTION 6, T.3N, R.1E., BOISE MERIDIAN, ADA COUNTY, IDAHO; AND
PROVIDING AND EFFECTIVE DATE. Is there anyone from the public that would like to
have Ordinance #720 read in its entirety? Seeing none I would entertain a motion on
Ordinance No. 720.
Yerrington: Mr. Mayor, I move that we adopt Ordinance #720 with the suspension of the
rules.
Corrie: Second
Kingsford: Moved by Max, second by Bob to approve of Ordinance #720 with the
suspension of the Rules, roll call vote.
ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea,
MOTION CARRIED: All Yea
ITEM #12: FINAL PLAT FOR WHITESTONE ESTATES SUBDIVISION BY WHITESTONE
PARTNERSHIP:
Kingsford: Does the Council have any question on the final plat for Whitestone Estates?
F ~ ~ •
Meridian City Council
November 21, 1995
Page 2
trust?
Kingsford: Of course I will take it, we never tum down cash. Thank you very much. I will
give this to Mr. Berg so it is properly receipted.
ITEM #2: TABLED NOVEMBER $, 1995: REQUEST FOR ANNEXATION AND ZONING
OF 2.3 ACRES TO R-40 BY BILLY QUINN:
Kingsford: Does the Council have questions with regard to that?
Morrow: The legal description has been corrected as I understand it.
Quinn: Yes sir.
Kingsford: Other questions of Mr. Quinn?
Morrow: I have none of Mr. Quinn, I would like to ask our staff both Gary and Shari if they
are both totally satisfied at this point?
Smith: Mr. Mayor and Council members, we did receive the revised legal descriptions and
they were checked and found to comply with the requirements for the annexation.
Kingsford: Do you have any other comments on the annexation or proposal?
Smith: No I don't Mr. Mayor.
Kingsford: Shari?
Stiles: Mr. Mayor and Council, I believe there was some reference to the R-20 did you get
my memo dated November 3 that there was some confusion about the densities and what
was surrounding and what had been approved there. I just wanted to make sure you had
that memo.
Kingsford: Has the Council seen that? Any question of Shari on that? Anything else Shari?
Stiles: No
Quinn: (Inaudible)
Kingsford: That is up to the Council. Any other questions of the Council?
Meridian City Council
November 21, 1995
Page 3
•
Morrow: I have a question Mr. Mayor, the findings of fact and conclusions that we are
dealing with are the ones that were dated October 17 in our packet, is that correct?
Crookston: That is correct.
Morrow: On page 14, item 17, this may be the item that Shari was referencing in terms of
the confusion. It says that since the City has previously zoned property in the area to be
R-40 but restricted development to R-20 there is a scratch out in mine indicating R-15. And
then it says it is concluded that the City may take similar action in similar cases. In item 18,
it again refers to that it is concluded that since the property is 2.3 acres in size to zone the
property R-15 requiring a park or open space corridor is impractical. So what I am asking
of the City Attorney is was the intent in these findings of fact to be R-15 and that is a
typographical error?
Crookston: The intent was in the statement to state R-20 meaning we don't have a zone
that is called R-20 it is a referencing to 20 units per acre that is how I should have stated
it rather than using R-20 because we do not have that zone. The idea was to allow the
annexation but limit it in development to 20 units per acre which we have done in a
previous annexation and zoning where the request was for R-40.
Morrow: Then I have another question on page 16, under decision and recommendation
it says that on the property to be zoned R~10 development shall not occur at a density
greater than R-15. Are those two not in conflict with each other?
Crookston: That is in conflict. That should be R-20 or 20 units per acre.
Tolsma: On page 14, item 16, it says the request for the R-40 zoning was to avoid the
requirement to have a park or open space corridor.
Crookston: That is my understanding because in that zone in the R-15 zone you are
required to have that open space or access to a park.
Tolsma: So the R-40 zoning (inaudible) to bypass the park and the corridor (inaudible).
Crookston: I don't know what the applicant's thinking was, but that is the end result of
doing it that way. Having. the request at R-40 and then ultimately saying you will zone it
R-40 but you will limit development to 20 units per acre.
Tolsma: So limit the development to R-20
Kingsford: Limit it to 20 units. Any other questions? If it is your desire to approve of the
. ~- • ~
Meridian City Council
November 21, 1995
Page 4
findings of fact you need to amend page 16 and have it read 20 units rather than R-15 to
be consistent.
Morrow: Mr. Mayor, I would move that we amend the findings of fact and conclusions of
law as follows on page 14, item 17 starting with R-40 but restricted to development of 20
units per acre comma. Also to amend the decision and recommendation on line ten that
the development shall not occur at a density greater than 20 units per acre comma.
Corrie: Second
Kingsford: Moved by Walt, seconded by Bob to amend the findings of fact page 14, item
17 to say 20 units per acre comma and on page 16, line 10 to say 20 units per acre instead
of R-15, roll call vote..
ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea
MOTION CARRIED: All Yea
Kingsford: Is there a motion on the decision?
Morrow: Mr. Mayor I would move that the City Council of the City of Meridian approve the
annexation and zoning as stated above for the property described in the application with
the conditions set forth in the findings of fact and conclusions of law including R-4 for the
applicant's land that he desires to split off and including R-40 for the land other than the
property for his house. He shall provide separate legal descriptions for his house and the
property to be zoned R-4. That on the property to be zoned R-40 development shall not
occur at a density greater than 20 units per acre. That the applicant and owners be
specifically required to the all ditches, canals and waterways as a condition of annexation.
Applicant meet all of the ordinances of the City of Meridian specially including the
development time requirements and entering into the required development agreement
and the conditions of these findings of fact and conclusions of law. And if the conditions
are not met the property be de-annexed.
Yerrington: Second
Kingsford: Moved by Walt, second by Max to approve the decision, all those in favor?
Opposed?
MOTION CARRIED: All Yea
Crookston: Is it the Council's desire that I change the findings to meet as it was read?
•
Meridian City Council
November 21, 1995
Page 5
Kingsford: Do you need to do that or can we have them just (inaudible).
Crookston: It is up to the Council.
Kingsford: What is your decision Council, do you want those pages re-done?
Morrow: I would prefer that from my standpoint-.
Ki,~gsford: It looks like it is the will of the Council to have those re-done. Entertain a
motion to have him prepare an ordinance.
Yerrington: So moved
Tolsma: Second
Kingsford: Moved by Max, second by Ron to have the City Attorney prepare the
annexation and zoning ordinance for Billy Quinn, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #3: TABLED NOVEMBER 8, 1995: CONDITIONAL USE PERMIT FOR A FULL
SERVICE RESTAURANT, LOUNGE, AND MICRO-BREWERY BY SANDPIPER
RESTAURANTS:
Kingsford: We have a request for that to be tabled until the next meeting, is there a motion
to that effect.
Morrow: So moved
Tolsma: Second
Kingsford: Moved by Walt, second by Ron to table item 3 until the next meeting, all those
in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #4: TABLED NOVEMBER 8, 1995: AMENDED FINDINGS OF FACT AND
CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING REQUEST FOR SALMON
RAPIDS NO. 3 SUBDIVISION:
Kingsford: Any questions of the Council on those amended findings?
MERIDIAN CITY COUNCIL MEETING: NOVEMBER 21.1995
COMMENTS
APPLICANT: BILLY QUINN ITEM NUMBER; 2
REQUEST; TABLED NOVEMBER 8 1995• REQUEST FOR ANNEXATION AND ZONING OF 2 3 ACRES
TO R-40 BY BILLY QUINN (TABLED AT APPLICANT'S REQUEST PROBLEMS WITH LEGAL
DESCRIPTION)
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:
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OTHER:
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All Materials presented at public meetings shall become property of the City of Meridian.
,. ~,
BEFORE THE MERIDIAN CITY COUNCIL
BILLY OUINN
ANNEBATION AND ZONING
SECTION 6. TOWNSHIP 3 NORTH, RANGE 1 EAST
MERIDIAN. IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled annexation-and zoning application having
come on for consideration on November 21, 1995, at the hour of 7:30
o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho
Street, Meridian, Idaho, and the Council having heard and taken
oral and written testimony and the Applicant, Billy Quinn,
appearing in person, and having duly considered the matter, the
Meridian City Council 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 November 21, 1995, the first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at the November 21, 1995,
hearing; that the public was given full opportunity to express
comments and submit evidence; and that copies of all notices were
made available to newspaper, radio and television stations.
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
QUINN - FF/CL Page 1
`. ~
•
approximately 2.3 acres in size; it is in Section 6, Township 3
North, Range 1 East of J.E. Pfost's Subdivision, Ada County, Idaho.
3. That the property i:s presently zoned by the County RT
(Rural Transition); that the Applicant has requested that the
property be zoned R-40 High Density Residential and light
commercial usage, with a density of forty (40) units per acre.
That adjacent to this property to the south is the boundary line
for the City of Meridian; that the property surrounding this
property in all directions, except the Cunningham and Knapp land to
the east lies in the City of Meridian.
4. The Applicant, Billy Quinn, stated in his application
that this property is surrounded by property within the city limits
of Meridian; that city water and sewer are trunked to the edge of
the property along Meridian Road; that he would like to hook up to
Meridian water and sewer enabling him to apply for government
insured financing to accomplish a "one time only" lot split between
house on a lot of approximately 9000 foot square; that his plans
would be to develop the 2.3 acre portion, to include limited office
usage and four-plexes, but that these plans do not include
immediate development; that the concept of a combination
office/resident townhouses fronting Meridian Road with some other
residential usage further to the east.
5. The Applicant, Billy Quinn, is the owner of record of the
property and has requested this annexation and zoning and the
application is not at the request of the City of Meridian.
6. That the property included in the annexation and zoning
QUINN - FF/CL Page 2
~ fM
fr
application is within the Area of Impact of the City of Meridian.
7. That the parcel of ground is included within the Meridian
Urban Service Planning Area as the Urban Service Planning Area is
defined in the Meridian Comprehensive Plan.
8. That in the Rural Area section of the Comprehensive Plan,
Section 6.3, it does state that .land in agricultural activity
should so remain in agricultural activity until urban services can
be provided.
9. That Mr. Quinn testified before the Planning and Zoning
Commission that in his discussions with the City Planner that it
was arrived at that the R-40 zoning versus an R-15 zoning was a
reasonable request; that compared to neighbors and the surrounding
zoning he might have moderated it a little bit; that he is
surrounded by some pretty dense zoning; he stated that 'he was not
ready to develop at this time; he stated that he desired to split
his off of this property and use the rest for development; at the
City Council public hearing he stated that he would have no problem
with the land being zoned R-40 but have a development restriction
of R-20; that R-40 is described in the Zoning Ordinance, 11-2-408
B. 6. as follows:
1R-401 Aicrh Density Residential District: The purpose of
the (R-40) District is to permit the establishment of
high density residential uses at density not exceeding
.forty (40) dwelling units per acre. Connection to the
Municipal Water and Sewer Systems of the City of Meridian
is required.
and R-15 is defined as follows:
tic-i~~ Meaium High Density Residential District - The
purpose of .the (R-15) District is to permit the
QUINN - FF/CL Page 3
`~ •
•
establishment. of medium-high density single-family
attached and multi-family dwellings at a density not
exceeding fifteen (15 ) dwelling units per acre. All such
districts must have direct access to a transportation
arterial or collector, abut or have direct access to a
park or open space corridor, and be connected to the
Municipal Water and Sewer systems of the City of
Meridian. The predominant housing types in this district
will be patio homes, zero lot line single-family
dwellings, townhouses, apartment buildings and
condominiums.
that Meridian has no zoning district of R-20, but that designation
would refer to 20 units per acre; that the City has previously
annexed property and zoned it R-40 but has restricted development
to not more than 20 units per acres, one of which properties was
the Wolfe property which is to the north of this Applicant's land.
10. That at the Planning and Zoning public hearing, Shari
Stiles, Meridian City Planner, stated that in helping Mr. Quinn
with his application the purpose was to get hooked up to sewer and
water and split his lot, have development of either tri-plexes or
multi-family, allow his present single family dwelling that he
intends to remain there, and also offices; that all of those uses
fell under the R-40 zoning without having to go for a variance
which the City ran into with the Sciscoe's which lasted for months
and months because they wanted to have this little office and then
it ended up they had to have a variance to live in the home that
was already there as a single family residence; that he has R-40 to
the north of him, general commercial to the south and Shari Stiles
felt that the R-40 was not an inappropriate zone for the property
as long as the R-4 properties across Meridian Road were buffered
appropriately; that the requirement in the R-15 district it is
QUINN - FF/CL Page 4
,~ ~ ~ ~i i
required that it adjacent to a park or an open space corridor and
that is unlikely with the size of this piece of property.
11. For the Planning and Zoning public hearing, Doris Barrett
submitted written testimony; that she lives at 2250 N. Meridian
Road and although her property is zoned commercial she is being
surrounded by high density. zoning; that this application of R-40 be
reduced to single family dwellings with a maximum of 5 units per
acre so that it would compliment those across the street on
Meridian Road.
12. Meridian Police Department, Meridian Fire Department, the
Meridian City Engineer, Ada County Highway District, the Meridian
School District and the Meridian Planning Director, submitted
comments and such are incorporated herein as if set forth in full.
13. That the Meridian City Engineer specifically commented as
follows:
a. Any existing irrigation/drainage ditches crossing
the property to be included in this project, shall
be tiled per City Ordinance 11-9-605.M.; plans will
need to be approved by the appropriate
irrigation/drainage district, or lateral users
association, with written confirmation of said
approval submitted to the Public Works Department;
b. Any existing domestic wells and/or septic systems
shall be removed from their domestic service per
city Ordinance Section 5-7-517; that wells may be
used for non-domestic purposes such as landscape
,irrigation;
c. That water service to this development is
contingent upon positive results from a hydraulic
analysis by computer model;
d. Water service to the proposed site could be via the
existing water line stub installed in Blue Heron
Lane directly adjacent to the north.
QUtNN - FF/CL page 5
•
e. That a legal description for the proposed site
shall be submitted of the annexation perimeter;
that it shall be prepared by a Registered Land
Surveyor, Licensed by the State of Idaho and shall
include all those portions of adjacent Right-of-
Ways contiguous to the Corporate City Limits of the
City of Meridian; that the legal description must
place this parcel contiguous to the existing city
limit boundary.
f. That assessment-fees for water and sewer service
are determined during the building plan review
process; that in addition to these assessments,
water and sewer "Late Comers" fees will also be
charges against this parcel to help reimburse the
parties responsible for installing the water and
sewer mains to their current points.
14. That Shari Stiles, Planning and Zoning Administrator
specifically commented stating as follows:
a. That Blue Heron Road, which runs along the northern
boundary of this property, was dedicated to the
public in J. E. Pfost's Subdivision plat recorded
in 1908; that the strip is 33 feet in width; that
this road should be improved to ACHD standards at
the time of development of the property.
b. Meridian Road is identified as an entrance corridor
in the Meridian Comprehensive Plan; that a
landscape setback of 35 feet beyond required ACHD
right-of-way should be provided.
c. That detailed landscape plans will be required
under the conditional use process.
d. That a development agreement is required as a
condition of annexation.
e. That although Applicant's concept plan does not
indicate a density to R-40, it was determined this
,zoning was necessary to allow the variety of uses
proposed without requiring a variance (i.e.,
single-family, tri-plex, office).
15. That the Ada County Highway District submitted site
specific comments; that the Applicant dedicate 45 feet of right-of-
way from the centerline of Meridian Road abutting the parcel (15
QUINN - FF/CL page 6
additional feet) prior to issuance of building permit or other
required permits; that restrictions on the width, number and
locations of driveways, as required by the District policy, shall
be places on future development of this parcel; that direct lot or
parcel access to Meridian Road is prohibited and that lot access
l' restrictions shall be stated on-the final plat; that if the private
road will be graveled, pave, (a minimum of 20 feet wide), at least
20 feet beyond the edge of pavement of Meridian Road; install
pavement tapers abutting the existing curb returns on Blue Herron
Lane.
16. The Meridian School District submitted comments; that
there is no excess capacity in the schools of the District; that
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 the Meridian Comprehensive Plan, under Land Use,
Residential Policies, 2.1U states. as follows:
"Support a variety of residential categories (urban, rural,
single-family, multi-family, townhouses, apartments,
condominiums, etc. ) for the purpose of providing the City with
a range of affordable housing opportunities."
18. That the Meridian Comprehensive Plan, under Land Use,
Rural Areas, 6.3 c., it states as follows:
"Within the Urban Service Planning Area development may occur
in densities as low as 3 dwellings per acre if physical
connection is made to existing City of Meridian water and
sewer service and the property is platted and subdivided .
19. That the Meridian Comprehensive Plan, under Land Use,
QUINN - FF/CL Page 7
Rural Areas, 6.4, it states as follows:
"Residential development is allowed in the rural area provided
that said development does not exceed the Rural Residential
Agricultural density, unless it is inside the Urban Service
Planning Area and City sewer and water is provided, then Low,
Medium and High density residential may be considered. All
residential development must also comply with the other
appropriate sections of this plan."
20. That the Meridian Comprehensive. Plan, under Population,
Housing Policies, at page 66, it states as follows:
"1.1 The City of Meridian intends to provide for a wide
diversity of housing types (single-family, modular, mobile
homes, multi-family, townhouses, apartments, condominiums."
"1.3 An open housing market for all persons, regardless of
race, sex, age, religion or ethnic background."
"1.4 The development of housing for all income groups close
to employment and shopping centers should be encouraged."
21. That there is a population influx into the City of
Meridian at the present time which has been going on for some time
and is continuing; that the land is relatively close to Meridian
and economic conditions are making it difficult to continue farming
in the area.
22. That in 1992 the Idaho State Legislature passed
amendments to the Local Planning Act, which in 67-6513 Idaho Code,
relating to subdivision ordinances, states 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
subdivision.";
that the City of Meridian is concerned with the increase in
population that is occurring and with its impact on the City being
QUINN - FF/CL Page 8
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.
23. 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 imperilanent to the health, welfare, and
safety of the citizens of the City of Meridian.
24. 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."
25. 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
ar 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."
QUINN - FF/CL Page 9
•
26. 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;"
27. That Section 11-9-605 R 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:
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."
28. 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
Desian Manual for Ada County (as prepared by Ada County
Highway District) when reviewing bicycle and pedestrian
pathway provisions within developments.
QUI1~iN - FF/CL Page 10
•
29. That the proposed Meridian Comprehensive Plan, under Land
Use, Mixed-Planned Use Development, Mixed-Use Area at Locust Grove
Road and, Fairview Avenue Plus Areas North of Fairview Avenue, at
page 28, 5.16U, it states as follows:
"All Development requests will be subject to development
review and conditional 'use permit processing to ensure
neighborhood compatibility."
30. That the City has rezoned property in the vicinity of
Applicant's property to R-40-but has restricted development to an
R-20 standard, because of what that applicant stated.
31. That the Zoning Administrator commented that a
development agreement is required as a condition of annexation;
that a previous Zoning Administrator commented that an impact fee,
to help acquire a future school or park site to serve the area,
should be required on annexation, and that annexations should be
subject to impact fees for police and fire services as determined
by the City and designated in an approved development agreement;
that such comment is equally applicable to this Application.
32. 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.
QUINN - FF/CL
Page 11
•
2. That the City of Meridian has authority to annex land
pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised
and Compiled Ordinances of the City~of Meridian; that exercise of
the.City's annexation authority is a Legislative function.
3. That the Planning and Zoning Commission has judged this
annexation and zoning application under Section 50-222, Idaho Code,
Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, the
Meridian Comprehensive Plan, as amended, and the record submitted
to it and things of which it can take judicial notice.
4. That all notice and hearing requirements set forth in
Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of
Meridian have been complied with.
5. That the Commission may take judicial notice of
government ordinances, and policies, and of actual conditions
existing within the City and State.
6. That the land within the 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 titled owners and the annexation
is not upon the initiation of the City of Meridian.
8. That, since the annexation and zoning of land is a
legislative function, the City has authority to place conditions
upon the annexation of land. Burt vs. The City of Idaho Falls. 105
Idaho 65, '665 P.D 1075 (1983).
9. That the development of annexed land must meet and comply
QUINN - F'F/CL Page 12
with the Ordinances of. the City of Meridian and in particular
Section 11-9-616, which pertains to development time schedules and
requirements, and 11-9-605 M. which pertains to the tiling of
ditches and waterways.
10. That the Applicant's property is in compliance with the
Comprehensive Plan, and. therefore the annexation and zoning
Application is in conformance with the Comprehensive Plan.
11. That the requirements of the Meridian City $ngineer's
office, including those specifically stated in its comments and
those stated herein in these Findings and Conclusions, and of the
Ada County Highway District, Nampa & Meridian Irrigation District,
Meridian Fire Department, U.~S. West, and the comments of the
Meridian Planning Director shall be met and addressed in a
development Agreement.
12. 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.
13. That the Applicant will be required to connect to
Meridian water and sewer and resolve how the water and sewer mains
will serve the land; that the development of the property shall be
subject to and controlled by the Subdivision and Development
Ordinance except as otherwise required herein; that, as a condition
of annexation, the Applicant shall be require#d 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 1, H 2, R, L, M
QUINN - FF/CL Page 13
.~ •
and the comments of the. Planning Director, Shari Stiles; 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 impact,
development, 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.
14. That proper and adequate access to the property is
available and will have to be maintained.
15. That these conditions shall run with the land and bind
the applicant, the titled owners, and their assigns.
16. That it is concluded that the Applicant did not have
specific plans for development; that the request for R-40 zoning
was not made in consideration of specific plans but to avoid the
requirement in the R-15 zone that the land have access to a park or
open space corridor.
17. That since the City has previously zoned property in the
area to R-40 but restricted to development of 20 units per acre, it
is concluded that the City may take similar action in similar
cases; the City may also do this because it is an annexation
request, which is a legislative action; the Applicant did not
request any limitation on the density, but he also did not have any
determined plans for development; since it has been done for other
land in the area, it is concluded to make logical sense to do that
QUINN - FF/CL Page 14
.+ ~ ~ '
with this property.
18. That it is concluded that since the property is 2.3 acres
in size, to zone the property R-15 requiring a park or open space
corridor, would be iunpractical. ~.
19. That the Applicant shall be required to enter into a
Development Agreement.
20. That the requirements of the Meridian City Engineer, and
of the Ada County Highway District, Nampa & Meridian Irrigation
District, Meridian Fire and Police Departments, and the comments of
the Meridian Planning Director, would have to be met and addressed
in a development Agreement, if the property is annexed.
21. That all ditches, canals, and waterways shall be tiled,
if the land were annexed, as a condition of annexation and if not
so tiled the property shall be subject to de-annexation; that the
Applicant shall be required to install a pressurized irrigation
system, and if not so done the property shall be subject to de-
annexation.
22. That if the property is annexed and zoned the Applicant,
and the property, shall meet all of the Ordinances of the City.
23. That with compliance of the conditions contained herein,
annexation and zoning of R-40 Residential but not developed at more
than twenty (20) dwelling units per acre, would be in the best
interest of the City of Meridian; since that Applicant desired to
split off his house, he shall a provide separate legal description
for. his house and that property should be zoned R-4.
24. That if these conditions of approval are not met the
QUINN - FF/CL Page 15
• •
property shall be subject to de-annexation.
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian City Council hereby adopts and approves these
Findings of Fact and Conclusions.
ROLL CALL
COUNCILMAN MORROW
COUNCILMAN YERRINGTON
COUNCILMAN CORRIE
COUNCILMAN TOLSMA
MAYOR KINGSFORD (TIE BREAKER)
VOTED
VOTED
VOTED
VOTED
VOTED
DECISION AND RECOMMENDATION
The Meridian City Council hereby approves the annexation and
zoning as stated .above for the property described in the
application with the conditions set forth in the Findings of Fact
and Conclusions of Law, including R-4 for Applicant's land that he
desires to split off for his present single family dwelling and
including R-40 for the land, other than the property for his house,
and he shall provide separate legal descriptions for his house and
the property to be zoned R-4; that on the property to be zoned R-40
development shall not occur at a density greater than 20 units per
acre; that the Applicant and owners are specifically required to
the all ditches, canals and waterways as a condition of annexation
QUINN - FF/CL Page 16
4'~~~` ~'' ;,
and that the Applicant and owners meet all of the Ordinances of the _
City of Meridian, specifically including the development -time ^
requirements and entering into the required development agreement,
and.the conditions of these Findings and Conclusions of Law, and
that if the conditions are not met that~the property be de-annexed.
MOTION:
APPROVED:
----.e~ DISAPPROVED
QUINN - FF/CL
Page, l7
•
~
OFFICIALS HUB OF TREASURE VALLEY GOUNGIL MEMBERS
WILLIAM G. BERG, JR., City Clerk A Good Place to Live RONALD R. TOLSMA
JANICE L. GASS, City Treasurer
GARY D. SMITH, P.E., City Engineer
CITY OF MERIDIAN MAX YERRINGTON
BRUCE D. STUART, Water Works Supt. WALT W. MORROW
JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO
DENNIS J. SUMMERS, Parks Supt. P & Z COMMISSION
SHARI L. STILES, P & Z Administrator MERIDIAN, IDAHO 83642
PATTY A. WOLFKIEL, DMV Supervisor
Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman
MOE ALIDJANI
KENNETH W. BOWERS, Flre Chief
W.L. "BILL" GORDON, Police Chief Public WorksBuilding Department (208) 887-2211 JIM SHEARER
WAYNE G. CROOKSTON, JR., Attorney Motor Vehicle/Drivers License (208) 888-4443 CHARLIE ROUNTREE
TIM HEPPER
GRANT P. KINGSFORD
Mayor
MEMORANDUM: November 20, 1995
To: Mayor, City Council, Planning & Zoning
From: Bruce Freckleton, Assistant to City Engineer ' 1
Re: SOUTH OF BLUE HERON LN. & EAST OF MERIDIAN RD. -Billy Quinn
(Request for Annexation & Zoning to R-40 for 2.3 Acres)
I have reviewed this submittal and offer the following comments, for your information and
consideration as conditions of the Applicant during the hearing process:
1. Today I received two revised legal descriptions for the proposed annexation. Description
one describes a 0.25 acre parcel in the southwest corner of the total property. The
description indicates that the proposed zoning for this piece is to be R-4. The second
description describes the balance of the total property. the proposed zoning for this piece
is R-40. Both of these descriptions describe adjacent right-of way and meet all of the other
criteria required by the City of Meridian and Idaho State Tax Commission.
QUINNADD.P&Z
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legal Description:
BILLY QUINN
FOR: ANNEXATION TO CITY OF MERIDIAN
ZONE R-4
Situated in the NW 1/4 of the SW 1!4 of Section 6, Township 3 North, Range 1 East, Boise
Meridian, Ada County, Idaho, described as follows:
Commencing at a found brass cap marking the SW Comer of said Section 6, T3N., R1 E.,
Thence along the westerly line of said Section 6, said line also being the centerline of Meridian
Road N00°25'30"VN, a distance of 2648.37 feet to a found aluminum cap monumenting the
W 1/4 Corner of said Section 6,
Thence continuing along said westerly line S00°25'30"E, a distanceof 232.98 feet to a point,
said point also being the POINT OF BEGINNING.
Thence leaving said westerly line N88°38'32"E, a distance of 135.00 feet to a point,
Thence S00°25:30"E, a distance of 80.00 feet to a point,
Thence S88°38'32"W, a distance of 100.00 feet to a 1/2" steel pin w/cap,
Thence continuing S88°38'37'W, a distance of 35.00 feet to a point, said point being on the
westerly line of Section 6, and centerline of Meridian Road,
Thence along said westerly line N00°25'30W, a distance of 80.00 feet to the POINT OF
BEGINNING.
The above described tract of land contains 0.25 Acres, more or
less, subject to all existing easements and rights-of -way.
KECEIVED
AIIERDIAN CITY ~
1
Legal Description:
BILLY QUINN
FOR: ANNEXATION TO CITY OF MERIDIAN
ZONE R-40
Situated in the NW 1/4 of the SW 1/4 of Section 6, Township 3 North, Range 1 East, Boise
Meridian, Ada County, Idaho, described as follows:
Commencing at a found brass cap marking the SW Corner of said~Section 6, T3N., R1 E.,
Thence along the westerly line of said Section 6, said line also being the centerline of Meridian
Road N00°25'30'1N, a distance of 2648.37 feet to a found aluminum cap monumenting the
W 1/4 Corner of said Section 6, said aluminum cap also being the POINT OF [3EGINNING.
Thence leaving said westerly line and along the northerly line of the SW 1/4 of said Section 6,
N88°51'43"E, a distance of 341.02 feet to a point,
Thence leave said northerly line S00°25'30"E, a distance of 33.00 feet to a 1/2" steel pin w/cap,
Thence continuing S00°25'30"E, a distance 185.01 feet to a 1/2" steel pin w/cap,
Thence N88°51'43"E, a distance of 155.89 feet to a 1 /2" steel pin w/cap,
Thence S00°25'30"E a distance of 93.20 feet to a 1/2" steel pin,
Thence S88°38'32"W, a distance of 361.94 feet to a point,
Thence N00°25'30"W, a distance of 80.00 feet to a point,
Thence S88°38'32'1N, a distance of 135.00 to a point, said point being on the westerly line of
Section B, and centerline of Meridian Road,
Thence along said westerly line N00°25'30W, a distance of 232.98 feet to the POINT OF
BEGINNING.
The above described tract of land contains 2.53 Acres, more or
less, subject to all existing easements and rights-of -way.
RECEIVED
~aaa crry ~
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 a~'-'~ day of `~7/ld~/ ~ , 1995.
ROLL CALL
COUNCILMAN MORROW
COUNCILMAN YERRINGTON
COUNCILMAN CORRIE
COUNCILMAN TOLSMA
MAYOR KINGSFORD (TIE BREAKER)
(INITIAL)
APPROVED
~~~
VOTED
VOTED
VOTED
VOTED
VOTED
DISAPPROVED
OF FACT AND CONCLUSIONS OF LAW - ~ • ~2
",,, • •
Meridian City Council
November 8, 1995
Page 14
Kingsford: Any other questions? Thank you Mr. Johnson. Council has those amended
findings from P & Z is there a motion?
Corrie: Mr. Mayor, I move we approve the amended findings of fact and conclusions of law
from the Planning and Zoning Commission.
Yerrington: Second
Kingsford: Moved by Bob, second by Max to approve of the amended findings of fact and
conclusions of law for the Englewood Creek Subdivision, square foot sizes, roll call vote.
ROLL CALL VOTE: Morrow - No, Yerrington -Yea, Corrie -Yea
MOTION CARRIED: 2 Yea, 1 No
Kingsford: Is there a motion on the decision?
Corrie: Mr. Mayor I move we approve the decision of the Planning and Zoning Commission
as stated.
Yerrington: Second
Kingsford: Moved by Bob, second by Max to approve of the decision as prepared by the
P & Z, all those in favor? Opposed?
MOTION CARRIED: 2 Yea, 1 No
ITEM #10: TABLED OCTOBER 17, 1995: REQUEST FOR ANNEXATION AND ZONING
OF 2.3 ACRES TO R-40 BY BILLY QUINN:
Kingsford: It is my understanding we had a request to table that again, am 1 correct, Mr.
Berg? Shari, is this number 10 item, was it requested to be tabled again or did 1 just dream
that up?
Stiles: Mr. Mayor, that is Billy Quinn's he has requested that it be tabled so he can get his
legal description straightened out.
Kingsford: Did he ask for a date certain for it to be tabled to?
Stiles: Just to the next meeting on the 21st.
• •
Meridian City Council
November 8, 1995
Page 15
Morrow: So moved
Yerrington: Second
Kingsford: Moved by Walt, second by Marto table the request for annexation and zoning
for Billy Quinn to the November 21 meeting, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #11: TABLED OCTOBER 17, 1995: REQUEST FOR A CONDITIONAL USE
PERMIT TO OPERATE A DAY CARE FOR APPROXIMATELY 6 TO 12 CHILDREN BY
JUDY WILSON:
Kingsford: Does the Council have questions on that issue?
Morrow: And the reason for table on that?
Kingsford: What was the issue, Shari?
Stiles: Mr. Mayor and Council there was a question about the fence variance and she has
submitted that application.
Morrow: Mr. Mayor, question of Shari, your letter dated the 3rd indicates that you are
recommending the conditional use permit for the day care by approved at this time and the
applicant will follow up for a fence variance. She has in fact followed up with that request.
Mr. Mayor, I would move that we approve the findings of fact and conclusions of law as
prepared for Planning and Zoning for the conditional use permit to operate a day care for
approximately 6 to 12 children by Judy Wilson.
Corrie: Second
Kingsford: Moved by Walt, second by Bob to approve the findings of fact and
conclusions of law as prepared for P & Z to operate a day care center to 6 to 12 children
by Judy Wilson, roll call vote.
ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea
MOTION CARRIED: All Yea
Kingsford: Is there a motion on the decision?
MERIDIAN CITY COUNCIL MEETI
APPLICANT:
ITEM NUMBER; ,9'• ~l
REQUEST; TABLED OCTOBER 17,1995• REQUEST FOR ANNEXATION AND ZONING OF 2 3 ACRES TO
R-40 BY BILLY QUINN
G 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:
i~
~~~~~ fig'
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OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
z • •
1 ~ ~ ~~t~s V Ri s +f:: ~`„
JAMES E. BRUCE, President
SHERRY R. HUBER, Vice President
SUSAN S. EASTLAKE, Secretary August 3, 1995
TO: Billy Quann
PO Box 91
Boise ID 83701
FROM: Karen Gallagher, Coordi
Development Services Divis
SUBJECT: MA-2-95 Blue Heron Ln e/o Meridian R Annex/R-1 to R-40
Your application for the above referenced project was acted on by the Commissioners of the Ada
County Highway District on August 2, 1994. The attached staff report lists conditions of
approval and street improvements which are required.
If you have any questions, please feel free to call me at 345-7680.
KG
cc: Development Services
Chron
John Edney
Chuck Rinaldi
Meridian City Hall
ada county highway district
318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7680
• •
ADA COUNTY HIGHWAY DISTRICT
Development Services Division
Development Application Report
MA-2-95 - Annexation/R-1 to R-40
Blue Heron Lane e/o Meridian Road, City of Meridian
The applicant is requesting annexation approval with rezone from R-1 to R-40 fora multi-
family development consisting of six four-plexes. The 2.3-acre site is located on the southeast
corner of Blue Heron Lane and Meridian Road . This development is estimated to generate
192 additional vehicle trips per day depending on the use.
Roads impacted by this development:
Blue Heron Lane -Private road
- No traffic count available
Meridian Road -Minor arterial with bike lane designation
- Traffic count 5,378 on 6-16-93 (n/o Franklin Road)
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Facts and Findings:
A. General Information
Rl -Existing zoning
R-40 -Requested zoning
2.3 -Acres
264 -Traffic Analysis Zone (TAZ)
West Ada -Impact Fee Benefit Zone
Western Cities -Impact Fee Assessment District
Blue Heron Lane
Private road
No traffic count available
310-feet of frontage
•
Blue Heron Lane is a private road which is improved with 20-feet of gravel. There is a 28-
foot curb return entry constructed for Blue Heron Lane on Meridian Road.
Meridian Road
Minor arterial with bike lane designation
Traffic count 5,378 on 6-16-93 (n/o Franklin Road)
280-feet of frontage
63-feet existing right-of--way (30-feet e/o centerline)
90-feet required right-of--way (45-feet from centerline)
Meridian Road is improved with a 41-foot street section with curb, gutter and sidewalk on
both sides.
B. The site is currently developed with the a dwelling that fronts on Meridian Road and possibly
an out building and another dwelling located at the rear of the site. It is unclear if these
structures are on the site, and if so if they are to be removed.
C. The site plan showing a possible future development proposal for this site shows one
driveway on Blue Heron .Lane a distance of approximately 27~-feet from Meridian Road.
Staff supports this driveway location.
D. Staff has conflicting information on the private or public status of Blue Heron Lane. Blue
Heron Lane is identified with a blue, private road sign.. Some maps in the Right-of--way
Division show the road having a 33-foot wide right-of--way. The District's Maintenance
Department does not and has not maintained the road. If the road has public right-of--way,
the Development Policy Manual requires that it be improved to public road standards of one-
half of a 37-foot street section plus 12-feet of paving and curb, gutter, and 4-foot wide
sidewalk abutting the site, or vacate the right-of--way.
MA-2-95
Page 2
If there is not any righ~f-way, staff recommends that the gra~ed road be paved (a '
minimum of 20-feet wide), at least 20-feet beyond the edge of pavement of Meridian Road to
keep gravel from being tracked onto the public road.
E. Based on development patterns in this area and the resulting traffic generation, staff
anticipates that the transportation system will be adequate to accommodate additional traffic
generated by this proposed development.
F. This application is scheduled for a public hearing by the City of Meridian Planning and
Zoning Commission on August 8, 1995.
If the rezone is approved and development proceeds, the District will provide the following
recommendations to the City of Meridian.
Site Specific Requirements:
Dedicate 45-feet of right-of--way from the centerline of Meridian Road abutting the parcel
(15-additional feet) prior to issuance of building permit (or other required permits). The
owner will be compensated for this additional right-of--way from available impact fee
revenues in this benefit zone. If the owner wishes to be paid for the additional right-of--way,
the owner must submit a letter of application to the impact fee administrator prior to breaking
ground, in accordance, with Section 15 of ACHD Ordinance #188.
2. Restrictions on the width, number and locations of driveways, as required by District policy,
shall be placed on future development of this parcel.
3. Direct lot or parcel access to Meridian Road is prohibited, in compliance with District
policy. Lot access restrictions shall be stated on the final plat.
4. If Blue Heron Lane is private, it shall be paved at least 20-feet beyond the edge of pavement
of Meridian Road (a minimum of 20-feet wide). Provide a plan showing how the private
road grade meets the public road. District Policy calls for a design approach speed of 20
MPH and a maximum intersection approach grade of 2% for at least 80-feet.
If Blue Heron Lane is public, it shall be improved to one-half of 37-foot street section plus
12-feet of pavement with curb, gutter, and 4-foot sidewalk abutting the site within a 40-foot
right-of--way. ACHD staff will determine the status of Blue Heron Lane.
Standard Requirements:
1. A request for modification, variance or waiver of any requirement or policy outlined herein
shall be made in writing to the Development Services Supervisor. The regl~est shall
~P~ifically identify each requirement to be reconsidered and inc>»~P a written explanation of
why such a req~~~rpme^* .~,^"~~ rP~„ir ;,, a c,~hctantial hardship or inequity.
MA-2-95
Page 3
. ~ ,
Requests received prior to the date scheduled for Commission action shall be rescheduled for
discussion with the Commission on the next available meeting agenda.
2. A request for an appeal of the Commission's action shall be made in writing to the
Development Services Supervisor within 15 calendar days of the action and shall include a
minimum fee of $110.00. The appeal will be scheduled to be heard by the Commission
within 20 calendar days after receipt. The request for anneal shall specifically identify eac
wouia result m a ~nnctanr,ai nar~~h~p or inegl~
3. Aright-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. Contact Construction Services at 345-7667 (with zoning file number) for
details.
4. Submit site drainage plans and calculations for review and appropriate action by ACRD prior
to issuance of building permit (or other required permits). The proposed drainage system
shall retain all storm water on-site and shall conform to the requirements of the City of
Meridian.
Public street drainage facilities shall be located in the public right-of--way or in a common lot
owned by a homeowners association set aside specifically for that use. There shall be no
trees, fences, bushes, sheds, or other valuable amenities placed in said easement. Drainage
lots and their use restrictions shall be noted on the plat (when applicable).
5. Continue existing irrigation and drainage systems across parcel.
6. Continue borrow ditch drainage abutting parcel (culvert may be required).
7. Provide written approval from the appropriate irrigation/drainage district authorizing storm
runoff into their system.
8. Install a stop sign on every unsignalized approach of a project street to an intersection
involving a collector or arterial as the cross-street. The stop sign shall be installed when the
project street is first accessible to the motoring public.
9. Specifications, land surveys, reports, plats, drawings, plans, design information and
calculations presented to ACRD shall be sealed, signed and dated by a Registered
Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code,
Section 54-1215.
10. The applicant shall submit revised plans for staff approval, prior to issuance of building
permit (or other required permits), which incorporates any required design changes.
MA-2-95
Page 4
~ • ., ..
11. Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
Should you have any questions or comments, please contact the Development Services
Division at 345-7662.
AUK ~ 2 1995
MA-2-95
Page 5
CENTRAL
•• DISTRICT
~ITHEALTH
DEPARTMENT
Rezone #
Conditional Use #
CENTRAL DISTRICT HEALTH D
Environmental Health Division
~ • ~3 ~.~
Preliminary /Final /Short Plat
~.r/y Irv ~.~,~
T
°~teturn to:
1 I ~ ~.. ^
~ : 5 ~ C'. €'..:>,; Boise
^ Eagle
~-~° a,~ ;~~ ~;; ~ ,
~r ~ `'' ^ Garden city
Meridian
^ 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 ^ communiry sewage system ^ communiry 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 ^ communiry 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: ~ / ~ /~
Reviewed By:
CDHD 10191 rcb, rev. 1/95 Review Sheet
•
T
OFFICIALS HUB OF TREASURE VALLEY •
COUNCIL MEMBERS
WILLIAM G. BERG, Jr., Clty Clerk
A Good Place to Live RONALD R. TOLSMA
MAX YERRINGTON
JANICE L. GABS, Clty Treasurer
CITY OF MERIDIAN ROBERT D. CORRIE
WALT W. MORROW
BRUCE D. STUART, Water Work Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
P 62 COMMISSION
DENNIS J. SUMMERS, Parks supt. 33 EAST IDAHO JIM JOHNSON, Chairman
SHARI S. STILES, P ti 2 Adm.
.MERIDIAN, IDAHO 83642 MOE AUDJANI
JIM SNEAKER
KENNETH W. BOWERS, F-re Cmet
W. L. "BILL" GORDON, Pollce Chlef Phone (208) 888433 • FAX (208) 8874813 CHARLIE ROUNTREE
TIM HEPPER
WAYNE G. CROOKSTON, JR., Attorney public WorksBuilding Department (Z08) 887-2211 (~ ~~ ~ ~ ~ ~ ®
GRANT P. xiNGSFORD 2 1 ~ U ~ 1995
M
ayor
MEt~IDIAN
AMPA
&
N
~~
~~
pp~~
~~gg
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVEL~MENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning 8z Zoning Commission, please submit your comments and recommendation to
Meridian City Hall, Attn: Will Berg, City Clerk by: August 11995
TRANSMITTAL DATE: 7/18/95 HEARING DATE: 8/8195
REQUEST: Annexation and zoning to R,40 for 2.3 acres
BY: Billy Quinn
LOCATION OF PROPERTY OR PROJECT: South of Blue Heron Lane and East of
Meridian Road
JIM JOHNSON, P2
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
POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM Sr FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM 8r FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & FINAL PLAT)
CITY FILES
YOUR CONCISE REMARKS: Nampa & Meridian Irrigation
District has no comment on this annexation and
zoning request.
Bill Henson, Assistant Water Superintendent
Nampa & Meridian Irrigation District
~µ ,
SE7VT BY~ 8- 8-95 2=43PM ~ .
• •
DORIS F. BARRETT
2250 N. MERIDIAN ROAD
b1ERIDIAN, IDAHO 83642
August 8, 1994
Sherry Stiles
City of Meridian
Meridian, Idaho 83642
RE: Hilly Quinn
Request of Annexation
with R40 Zoning
Dear Sherry,
I am unable to attend Lhe hearing tonight on the above annexation
and zoning, but I wanted to present my concerns and proposal.
Even though our property is zoned commercial, we are being
surrounded by high density zoning.
We would appreciate hfs R40 proposal to be reduced. to single
family dwellings with a maximum of 5 units per acre. This would
be complimentary to those across the street.
Your consideration in this matter is greatly appreciated.
Sinc rely,
~~
Q/~
Doris F. Barrett
AUG 08 '95 14 42
2543
PAGE.01
OFFICIALS ~
~
HUB OF TREASURE VALLEY COUNCIL MEMBERS
WILLIAM G. BERG, JR., City Clerk A Good Place to Live RONALD R. TOLSMA
JANICE L. GASS, City Treasurer
GARY D. SMITH, P.E., City Engineer
CITY OF MERIDIAN MAX YERRINGTON
BRUCE D. STUART, Water Works Supt. WALT W. MORROW
JOHN T. SHAWCROFT, Waste Water Supt
DENNIS J. SUMMERS, Parks Supt. . 33 EAST IDAHO P & Z COMMISSION
SHARI L. STILES, P & Z Administrator MERIDIAN, IDAHO 83642 JIM JOHNSON
Chairman
PATTY A. WOLFKIEL, DMV Supervisor
KENNETH W. BOWERS
Fire Chief Phone (208) 888-4433 • FAX (208) 887-4813 ,
MOE ALIDJANI
,
W.L. "BILL" GORDON, Police Chief Public WorksBuilding Departrnent (208) 887-2211 JIM SHEARER
WAYNE G. CROOKSTON, JR., Attorney Motor Vehicle/Drivers License (208) 888-4443 CHARLIE ROUNTREE
TIM HEPPER
GRANT P. KINGSFORD
MEMORANDUM Mayor
TO: Mayor
and
Council
FROM: ~
~
Shan-' L.-Sfiies, Planning & Zoning Administrator
DATE: November 3, 1995
SUBJECT: Request for Annexation and Zoning of R-40 by Billy Quinn
This item was tabled on 10/17/95, in part because of the question about the allowed densities for
neighboring parcels. The Jeme Wolfe & Associates (Heron Cove) R-40 annexation to the north
of Billy Quinn's property was restricted to 20 units per acre because that is what they presented
in public hearings. The Dorado Development (Aspen Hills) R-40 annexation (Ordinance
No. 502) limits density to no more than 25 units per acre.
I recommend that the Findings be amended to delete references to R-20 because the zone does
not exist, which causes confusion, and put a restriction on density to no more than 20 or 25 units
per acre. I would also recommend that the Findings specifically incorporate in the Conclusions
the requirement that any development is to be approved under the planned
development/conditional use process.
As of this date, I am unaware if revised legal, descriptions prepared and stamped by a Registered
Land Surveyor have been submitted. These are needed to allow preparation of an annexation
ordinance in accordance with Resolution No. 158 and County Assessor guidelines.
•
Meridian City Council
October 17, 1995
Page 48
MOTION CARRIED: All Yea
ITEM #19: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 2.3
ACRES TO R-40 BY BILLY QUINN:
Kingsford: At this time I will open that public hearing and invite the owner or his designee
to speak first.
Billy Quinn, 2310 N. Meridian Road, was sworn by the City Attorney.
Quinn: Mr. Mayor, distinguished members of the Council good evening and (inaudible).
I wrote a long well thought out letter to you all which I was going to pass out to you then
I read the findings and found everything I said in my letter was already said in the findings.
So 1 will just cut straight to the chase as it were. In reading the findings I am generally in
agreement with the findings of fact. I do have one or two questions, on number 7 in the
conclusions, page 12, it states that the annexation application has been initiated by the
applicant which is true, I am being virtually surrounded by the City of Meridian so it seems
to me to be just a question of time whether you invite me in or I initiate it. The reason I
bring that up is in item #17 addresses the specific zoning, zoning of property in the area
from (inaudible) R-20. To be frank with you I don't have a problem with that, except that
in #23 I fail to see how (inaudible) then draw a conclusion that R-40 (inaudible) be
appropriate (inaudible) my request would be to stick with item #17 and to (inaudible) R-40
and restricted to R-20. Also I have some questions about the ACHD report, I would like
it to be just a matter of record that there is access to the property presently from Meridian
Road and that Chrisfield Road (inaudible) across the street from the property and probably
(inaudible) from Blue Heron Lane just as a matter of record. ACRD has mandated some
pretty specific directions as far as access to the property being only from Blue Heron Lane
and there seems to be some conflict and controversy as to the ownership of Blue Heron
Lane whether or not it is a private lane or a public road. (Inaudible) undeveloped, untaken
care of and unattended for a protracted period of time and the developer of this property
is then going to be required to bring Blue Heron Lane completely up to date. That is a
question that occurs to me is (inaudible). Those are my questions and I respectfully
request your approval for zoning to R-40 restricted use to R-20.
Kingsford: Just a comment, in those findings is a real problem and you have addressed
that with regard to, the City of Meridian doesn't have an R-20 zone. The R-15 is what is
should have been and there is a conflict there. We do not have an R-20 zone, there is R-
40, R-15.
Quinn: Well, it is not an R-20 zone but restricted to 20, it is R-40 restricted to 20 units per
acre.
• •
Meridian City Council
October 17, 1995
Page 49
Kingsford: That would need to be spelled out if that is the Council's pleasure rather than
an R-20 zone.
Quinn: I mispoke that then.
Kingsford: It does say in the findings R-20 and that is what I am suggesting is we don't
have such an animal.
Quinn: It is consistent with the properties surrounding me with the exception of the two
residences to the east that have also been approved by the City Council to R-40 with
restricted to 20 units per acre. The Wolfe property to the north and
Kingsford: I wouldn't have a problem with that, it would just need to be clarified that there
is no R-20 zone. Any other questions then of Mr. Quinn?
Morrow: t have a question, in our packet there, your original submittal there is a little
schematic of the ground (inaudible) that essentially shows what appears to be 5 four
plexes, I am sorry six four plexes. You intend to develop at that density or you are looking
at a higher density?
Quinn: My intention at this time is to annex the property and get a rezone so I can do the
lot split which I am allowed and split my lot, put my house on a lot that I can work
financing. As far as the (inaudible) the findings and conclusions will call for annexation
to be in my understanding to be PUD which mandates that I procedurally come forward
with a development design and an application for a conditional use (inaudible). That
particular schematic was provided as a part of what I though might either be necessary or
enhance my package as a request for annexation. That is not necessarily a final, certainly
not a final plat. It is merely a possibility.
Morrow: This particular possibility was six 4 plexes which was essentially 24 units on a 2
acre or about a 2 acre piece of ground is that what this says?
Quinn: That is the way that was drawn yes.
Morrow: And what you are asking for in terms of zoning is an R-40 that could have 40
units?
Quinn: Correct.
Morrow: And the findings of fact and conclusions are written R-40 with an R-15?
•
Meridian City Council
October 17, 1995
Page 50
•
Quinn: No, the findings of fact and conclusions state R-40 restricted to 20 (inaudible) R-40
and restricted to R-15 in another. In my original application requested R-40. In
consistency with the surrounding areas is R-~40 restricted to 20 units per acre. (Inaudible)
to your comments with relative to the Los Alamitos Subdivision, I am just trying to get as
much flexibility as I can.
Kingsford: Anyone else from the public that would like to offer testimony on this issue? I
will close the public hearing, Council members. Obviously no change to the findings, there
would need to be a change with regard to that zone.
Crookston: I would explain the reference to the R-20 that is to R-20 development. We do
not have an R-20 zone, we did the same thing in the Wolfe annexation which is to the
north of Mr. Quinn. That is all I was referencing there, the reference to the R-15 must be
in error.
Kingsford: I think really rather than to say, since we don't have an R designation that we
have to spell out 20 units.
Morrow: Let me ask the Counselor a question, on the Wolfe property to the north then
what we did was give them R-40 zoning but we restricted the development to 20 units per
acre.
Crookston: Yes
Morrow: Because our next zone would be R-15 which is 15 units per acre.
Kingsford: Right, which limits, you wouldn't be able to do the apartment type things
because you have some lot designations and so forth.
Morrow: Mr. Johnson, you are shaking your head as Chairman of the P & Z could you give
me the input of the shake please?
Johnson: (Inaudible) no reference to 20 anywhere.
Kingsford: So the reference in the findings with regard to the 20 was an error?
Johnson: Yes
Crookston: That could be.
Kingsford: Would you offer up comment then Mr. Johnson then with regard to the Wolfe
• •
Meridian City Council
October 17, .1995
Page 51
property versus that and the 20 units per acre there, just your thoughts from a planning
standpoint.
Johnson: I don't recall the Wolfe property situation as well, my mind doesn't work that
well. But on this specific incident, the only thing I remember is we were talking about R-15
and R-40 in our discussions and R-20 never came up. The intent is as the applicant
presented it. He was agreeable to conditions of R-15 and wanted the flexibility of R-40 and
we couldn't see a problem with that.
Quinn: My recollection of the P & Z is that I was asked about R-15's and I maintained a
position of R-40. The questions as I am reading the minutes were asked, Mr. Hepper
asked me twice about R-15's but we didn't have a collateralized agreement that I would
like to be annexed at R-15. He had some discussion with the City Planner regarding the
difference in R-15 and R-40 pertaining to parks and park requirements and adjacent, as
you stated some of the requirements. Again, consistent with the surrounding properties,
the 20 unit designation (End of Tape)
Kingsford: I would suggest to you that the Wolfe property is a larger property if that is in
fact 20 units per acre it wouldn't be inappropriate to maybe be consistent but I would like
to know that was in fact true, do a little research on that from my perspective.
Morrow: Mr. Mayor, my thought here is in a quick glance at the minutes apparently in my
packet the minutes from P & Z don't get to the final conclusion so I am short a couple of
pages, but I think what I would like to see is I would like to defer on this until we do some
research here to make sure that we address the Wolfe property and that we address these
things and I wouldn't think it would be inappropriate to table until our November 8 meeting
pending doing that research.
Tolsma: Mr. Mayor, I would also question this Blue Heron Lane is a private lane, who
owns, who maintains it and if he has to have access off of it who grants him the access?
Corrie: (Inaudible)
Kingsford: I am not sure of how much width is dedicated too, that is something that needs
to be established.
Smith: Excuse me Mr. Mayor and Council members, we still have not received a legal
description prepared by a licensed land surveyor, before this thing can progress to the
ordinance stage we need to have that legal description in hand and checked by myself,
my staff.
•
Meridian City Council
October 17, 1995
Page 52
Kingsford: So you realize you are short that?
Quinn: (Inaudible)
Kingsford: One by a certified land surveyor.
Smith: I have an update today from my assistant and no legal description has been
submitted as of this date. So I don't know, if it has come in we don't have it in my
department.
Quinn: It was submitted with the original package.
Smith: No it wasn't, the original comments that we prepared on August 3, item number
stated that the applicant shall submit an annexation perimeter legal description for
(inaudible) that was prepared by a licensed land surveyor. So in our review of the packet
that we had it was not included.
Kingsford: At any rate that would be necessary, if you have it then that would be
necessary, we need to have it here.
Morrow: Mr. Mayor, I would move that we table this request for annexation and zoning of
2.3 acres to R-40 by Billy Quinn until our November 8 meeting.
Yerrington: Second
Kingsford: Moved by Walt, second by Max to table the request for annexation and zoning
to R-40 by Billy Quinn for 2.3 acres until the November 8 meeting, all those in favor?
Opposed?
MOTION CARRIED: All Yea
Kingsford: Mr. Quinn, you might check and make sure if there is anything else on that list
that we have that prior to that meeting.
ITEM #20: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT TO
OPERATE. A DAY CARE .FOR APPROXIMATELY 6 TO 12 CHILDREN BY JUDY WILSON:
Kingsford: At this time I will open the public hearing and invite Ms. Wilson or her designee
to speak first.
Judy Wilson, 1239 Elm Court, was sworn by the City Attorney.
MERIDIAN CITY COUNCIL MEETING: OCTOBER 17.1995
APPLICANT: BILLY QUINN ITEM NUMBER;.... 19
REQUEST; REQUEST FOR ANNEXATION AND ZONING OF 2 3 ACRES TO R-d0
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:
COMMENTS
P 8 Z MINUTES FOR 8-8-95
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
FINDINGS OF FACT AND CONCLUSIONS OF LAW
"REVIEWED"
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
5EE ATTACHED COMMENTS
``~
~~
,~ ~,''I~
~e~, ~
OTHER:
AEI Materials presented at public meetings shall become property of the City of Meridian.
• •
Meridian Planning & Zoning Commission
August 8, 1995
Page 21
Wilson: No, they are not vicious at all, they have been around children.
Johnson: Any other questions? Thank you Judy, this is a public hearing, is there anyone
else that v-rould like to make comments regarding this application? Seeing no one then I
will close the public hearing at this time. Request for a conditional use permit it would
require findings of fact.
Shearer: Mr. Chairman, I move we have the attorney prepare findings of fact and
conclusions of law.
Rountree: Second
Johnson: It is moved and seconded we have the City Attorney prepare findings of fact and
conclusions of lawforthe conditional use permit for a group day care by Judy Wilson, all
those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #17: PUBLIC HEARING: CONDITIONAL USE PERMIT REQUEST FOR A GROUP
DAY CARE BY TAMI WOMACK:
Johnson: She has in writing requested to withdraw the application as it is contrary to
covenants in her subdivision.
ITEM #18: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 2.3
ACRES TO R-40 BY BILLY QUINN:
Johnson: I will now open the public hearing and request the applicant or his
representative to address the Commission at this time.
Billy Quinn, 2310 North Meridian, was sv~rn by the City Attomey.
Quinn: I am requesting that, I live on 2.3 acres on Meridian Road between Ustick and
Cherry lane. I am getting rapidly surrounded by the City of Meridian. I would like to get
annexed myself just to go with the flow I have a small house on 2.3 acres and I would like
to split it off. I am allowed a one time lot split and being annexed will be able to affect that.
Johnson: Thank you, are there questions from the Commission to the applicant?
Rountree: There is a statement in the fetter from Shari Stiles talking about the variety of
uses proposed on this piece of property. Would you explain your intent?
Meridian Planning & Zoning Commission
August 8, 1995
Page 22
Quinn: Sure, right now in order to be practical I've got about 9,000 square feet mapped out
to (inaudible) and that way I would be able to have the rest of the ground without any
financial encumbrances. At this point I am not ready to develop any further than that. It
is in a kind of what seems to be a (inaudible) into Meridian. The use is in the
Comprehensive Plan (inaudible) planned for four ptexes and it seemed like a good idea
to use the (inaudible) so at the time which I can better accommodate (inaudible) some kind
of density than 1 per acre, but not as dense as apartments would probably (inaudible)
possibly with, there have been possibilities mentioned, possibly some office front with
townhouse office attached. I am not sure, it would sort of depend on what the surrounding
area (inaudible) go up.
Crookston: You have apparently on the application R-40 do you intend to develop to that
zone? That is 40 units per acre.
Quinn: Correct, the Comprehensive Plan accommodates that in fact calls for that density
and zoning. Once we get (inaudible) parking and access and setbacks and everything
(inaudible) be able to accommodate 40 units per acre. (Inaudible) the appropriate request,
I am just complying to your comprehensive plan. (Inaudible)
Crookston: I don't recall that the plan calls for R-40
Quinn: Well it calls for planned unit development, it is an orange designation (inaudible).
Hepper: So with 2.3 acres at 40 units per acre you have a possible concept plan but are
you saying that could change. You could go as high as maybe 90 or 100 units if you so
decided or if you had somebody
Quinn: (Inaudible) I don't see how that could be possible considering the size and shape
and area and it would certainly not be anything that I would be aiming for.
Hepper: There are 24 units on the possible concept, which would be about 10 units per
acre, why are we going with an R~0 instead of an R-15? Do you know off hand, was that
a recommendation by one of the City staff members?
Quinn: In my discussions with the City planner that is what we arrived at as being a
reasonable request. I didn't see any conflict between requesting R-40 and the intent of
the comprehensive plan. I guess if the (inaudible) overstepping the bounds of density
compared to my neighbors and the surrounding zoning I might have moderated it a little
bit. I am surrounded by some pretty dense zoning. In the order of being able to comply.
Johnson: I am going to interject something there, a question to Shari Stiles. Do you recall
•
Meridian Planning & Zoning Commission
August 8, 1995
Page 23
that conversation regarding the densities, I don't think we have anything in excess of R-15
in that area.
Stiles: Mr. Chairman and Commissioners, the applicant asked that I help him with his
application and I tried to as best I could with not knowing really what he wanted. His main
purpose was to get annexed, zoned and he can get hooked up to sewer and water and it
would split his lot. With the things that he proposed for either a tri-plex, or multi family also
with his single family dwelling that he intends to remain there for a while, at least from my
understanding and also offices. All of those uses really fell under the R-40 without having
to go for a variance that we ran into with the Sciscoe's that went on for months and months
because they wanted to have this tittle office and then it ended up they had to have a
variance to live in the home that was already there as a single family residence. That was
the only suggestion I gave him. I am sure that if there is something some other zone that
you feel if more appropriate that would accommodate his needs I am sure he would be
open to that. But the R-40, he has R-40 to the north of him, he has commercial, general
commercial to the south of him, I don't feel it is an inappropriate zone for the property as
long as the R-4 properties across Meridian Road are buffered appropriately also.
Hepper: Shari, where is the R-40 that is north of this property?
Alidjani: (Inaudible) James Court
Stiles: It was the Jerry Wolfe property he had rezoned R-40.
Hepper: Is that the little triangle right next to Fothergill?
Smith: Yes, it is on the south side of the Jackson Drain, correct.
Hepper. I guess the problem I have with the R-40 is like that particular piece if that is R-40
vue have probably got stipulations in there of different requirements and stuff that we are
not aware of right now vine just know it has been zoned R-40. It kind of sets a precedent
for the area and I don't know that R-40 is really what this piece of property needs. I think
an R-15 would be more appropriate and pefiaps maybe some variances or something.
But just at an R-40 on that lane I think we are going to end up with a whole bunch of other
pieces of property wanting to come in at R-40 down through that lane there not being
aware of any stipulations or whatever that may have been placed on this piece. I am just
wondering if we are looking at the right zoning designation.
Quinn: It is zoned commercial immediately to the south and they are putting up multi family
multi-multis immediately to that. So I am kind of right smack in the middle of that
transitional zone.
•
Meridian Planning & Zoning Commission
August 8, 1995
Page 24
Stiles: Commissioner Hepper, another reason for the R-40 was the requirement in the R-15
that they be adjacent to a park or an open space corridor, it is really unlikely with the size
of this piece of property and the roadway improvements that are going to be needed that
would be possible.
Hepper: The R-40 doesn't have that requirement?
Stiles: No it doesn't.
Johnson: Any more questions or comments? Thank you very much, this is a public
hearing is there someone else that would like to come before the Commission at this time
on this application? Seeing no one then I will close the public at this time.
Rountree: Mr. Chairman, I would like to have Shari Stiles put together a graphic showing
what the zoning is in this area (inaudible) is not real specific as to what the zoning
changes have been. So we can have a look and see what is happening there. I know
what is in the Comp Plan but there are some changes that have been made in specific
changes to R-40 etc.
Stiles: Are you talking about the specific zoning that exists there now?
Rountree: Correct, in the vicinity of this request.
Stiles: R-4 is directly to the west across Meridian Road. Directly to the north is R-40, along
the entire length of this property and beyond. Directly to the south is C-G for the entire
length of the property and beyond. I believe there is a single family residence to the east
of you and then there is the meat plant or Meridian Meat is further east still in the county.
There is also another single family residence further east and there is a 40 acre
undeveloped property that will likely develop some time in the future as a subdivision.
Also, just to the south of this property and across Meridian Road has been approved
limited office zoning with a church and a day care approved for that site.
Rountree: (Inaudible)
Stiles: Yes, it is a single family home at this time but they intend to develop a commercial
use.
Johnson: Will that work or do you want to see a graphic of some sort.
Rountree: That is better than seeing it.
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" CORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
MEMORANDUM;
•
•
HUB OF TREASURE VALLEY COUNCIL MEMB RS
A Good Place to Live RONALD R. TOLSMA
CITY OF MERIDIAN MAX YERRINGTON
WALT W. MORROW
33 EAST IDAHO P & Z COMMISSION
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman
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
August 3, 1995
To: Mayor, City Council, Planning & Zoning
From: Bruce Freckleton, Assistant to City Engineer
Re: SOUTH OF BLUE HERON LN. & EAST OF MERIDIAN RD. -Billy Quinn
(Request for Annexation & Zoning to R-40 for 2.3 Acres)
I have reviewed this submittal and offer the following comments, for your information and
consideration as conditions of the Applicant during the hearing process:
This application is for a parcel of land adjacent to Annexation Ordinance No. s 225, 414
and the Amended Annexation Ordinance No. 630. A legal description (per. City of
Meridian Resolution No.158) for annexation was not included in the application. Applicant
shall submit an annexation perimeter legal description for the proposed site. The legal
description shall include all those portions of adjacent Right-of--Ways contiguous to the
Corporate City Limits of the City of Meridian. The legal description shall be prepared by
a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the
provisions of the City of Meridian Resolution No. 158. The legal description for
annexation must place this parcel contiguous to the existing city limit boundary.
2. Water service to this development is contingent upon positive results from a hydraulic
analysis by our computer model.
3. At the time the property is developed any existing irrigation/drainage ditches crossing the
property to be included in this project, shall be tiled per City Ordinance 11-9-605. M.
Plans will need to be approved by the appropriate irrigation/drainage district, or lateral
users association, with written confirmation of said approval submitted to the Public
Works Department.
4. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service per City Ordinance Section 5-7-517. Wells may be
used for non-domestic purposes such as landscape irrigation.
5. Sanitary Sewer service to the proposed site could be via the existing sewer line stub
installed in Blue Heron Lane directly adjacent to the north.
QUIIVN.P&Z
Mayor, Council and P&Z
June 7, 1995
Page 2
6. Water service to the proposed site could be via the existing water line stub installed in Blue
Heron Lane directly adjacent to the north.
7. Assessment fees for water and sewer service are determined during the building plan
review process. In addition to these assessments, water and sewer "Late Comers" fees will
also be charged against this parcel to help reimburse the parties responsible for installing
the water and sewer mains to their current points.
QUINN.P&Z
HUB OF TREASURE VALLEY
OFFICIALS COUNCIL MEMBERS
WILLIAM G. BERG, Jr., City Clerk
A Good Place to Live RONALD R. TOLSMA
MAX YERRINGTON
JANICEL.GASS,CItyTreasurer
GARY D. SMITH, P.E. City Engineer
BRUCE D. STUART, Water Works Supt. CITY OF MERIDIAN ROBERT D.CORRIE
WALT W. MORROW
JOHN T. SHAWCROFT, Watte Water Supt. P ti Z COMMISSION
DENNIS J. SUMMERS, Parka supt. 33 EAST IDAHO JIM JOHNSON, Chairman
SHARI S. STILES, P 6 Z Adm.
MERIDIAN
IDAHO 83642 MOE ALIDJANI
KENNETH W. BOWERS, FlreChlef , JIM SHEARER
W. L. "BILL" GORDON, Police Chief Phone (208) 888433 • FAX (ZO8) 887-0813 CHARLIE ROUNTREE
WAYNE G. CROOKSTON, JR., Attorney
Public Works/Building Department (208) 887-2211 TIM HEPPER
GRANT P. KINGSFORD
Mayor
MEMORANDUM
TO: Plannin & Zoning Commission, Mayor and City Council
FROM: Shari Stiles, Planning & Zoning Administrator
DATE: August 4, 1995
SUBJECT: Request for Annexation and Zoning of 2.3 Acres to R-40 by Billy Quinn
1. Blue Heron Road, which runs along the northern boundary of this property, was
dedicated to the public in J. E. Pfost's Subdivision plat recorded in 1908. The strip is
33' feet in width. This road should be improved to ACHD standards at the time of
development of the property.
2. Meridian Road is identified as an entrance corridor in the Meridian Comprehensive Plan.
A landscape setback of 35' beyond required ACHD right-of--way should be provided.
3. As no specific plans are shown, any uses on this site should be considered under the
conditional use process. Detailed landscape plans will be required at that time.
4. A development agreement is required as a condition of annexation.
5. Additional, site-specific comments will be made at the time of conditional use application.
6. Although Applicant's concept plan does not indicate a density to R-40, it was determined
this zoning was necessary to allow the variety of uses proposed without requiring a
variance (i.e., single-family, tri-plex, office).
_.
• C~OG°~~
BEFORE TAE MERIDIAN PLANNING AND ZONING COMMISSION
BILLY OUINN
ANNEXATION AND ZONING
SECTION_6, TOWNSHIP 3 NORTH. RANGE 1 EAST
MERIDIAN. IDAAO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled annexation and zoning application having
come on for consideration on August 8, 1995, at the hour of 7:30
o'clock p.m. on said date, at the Meridian City Ball, 33 East Idaho
Street, Meridian, Idaho, and the Commission having heard and taken
oral and written testimony and the Applicant, Billy Quinn,
appearing in person, 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 August 8, 1995, the first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at the August 8, 1995, hearing;
that the public was given full opportunity to express comments and
submit evidence; and that copies of all notices were made available
to newspaper, radio and television stations.
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
QUINN - FF/CL Page 1
• •.
approximately 2.3 acres in size; it is in Section 6, Township 3
North, Range 1 East of J.E. Pfost's Subdivision, Ada County, Idaho.
3. That the property is presently zoned by the County RT
(Rural Transition); that the Applicant requested in his letter of
submittal that the property be zoned R-40 High Density Residential;
in another document he requested that it be zoned high density
residential and light commercial. That adjacent to this property
to the south is the boundary line for the City of Meridian; that
the property surrounding this property in all directions, save the
Cunningham and Knapp to the east lies in the City of Meridian.
4. The Applicant, Billy Quinn, stated in his application
that this property is surrounded by property within the city limits
of Meridian; that City water and sewer are trunked to the edge of
the property along Meridian Road; that he would like to hook up to
Meridian water and sewer enabling him to apply for government
insured financing to accomplish a "one time only" lot split between
a house on a lot of approximately 9000 foot square; that his plans
would be to develop the 2.3 acre portion, to include limited office
usage and four-plexes, but that these plans do not include
immediate development; that the concept is of a combination
office/resident and town houses fronting Meridian Road with some
other residential usage further to the east; that the land was
within a Mixed/Planned Use Development Area.
5. The Applicant, Billy Quinn, is the owner of record of the
property and has requested this annexation and zoning and the
application is not at the request of the City of Meridian.
QUINN - FF/CL Page 2
•
6. That the property included in the annexation and zoning
application is within the Area of Impact of the City of Meridian.
7. That the parcel of ground is included within the Meridian
Urban Service Planning Area as the Urban Service Planning Area is
defined in the Meridian Comprehensive Plan.
8. That in the Rural Area section of the Comprehensive Plan,
Section 6.3, it does state that land in agricultural activity
should so remain in agricultural activity until urban services can
be provided.
9. That Mr. Quinn testified that in his discussions with the
City Planner that it was arrived at that the R-40 zoning, versus an
R-15 zoning, was a reasonable request; that compared to neighbors
and the surrounding zoning he might have moderated it a little bit;
that he is surrounded by some pretty dense zoning; he stated that
he was not ready to develop at this time; he stated that he desired
to split his off of this property and use the rest for development;
that R-40 is described in the Zoning Ordinance, 11-2-408 B. 6. as
follows:
(R-401 Hiah Density Residential District: The
purpose of the (R-40) District is to permit the
establishment of high density residential uses at
density not exceeding forty (40) dwelling units per
acre. Connection to the Municipal Water and Sewer
Systems of the City of Meridian is required.
and R-15 is defined as follows:
cx-t5- Meaium Hiah Density Residential District - The
purpose of the (R-15) District is to permit the
establishment of medium-high density single-family
attached and multi-family dwellings at a density not
exceeding fifteen (15 ) dwelling units per acre. All such
districts must have direct access to a transportation
QUINN - FF/CL Page 3
•
•
arterial or collector, abut or have direct access to a
park or open space corridor, and be connected to the
Municipal Water and Sewer systems of the City of
Meridian. The predominant housing types in this district
will be patio homes, zero lot line single-family
dwellings, townhouses, apartment buildings and
condominiums.
10. That Shari Stiles, Meridian City Planner, stated that in
helping Mr. Quinn with his application, while the purpose was to
get hooked up to sewer and water and split his lot, proposing
either a tri-plex, or multi-family also with his single family
dwelling that he intends to remain there, and also offices; that
all of those uses fell under the R-40 zoning without having to go
for a variance which the City ran into with the Sciscoe's which
lasted for months and months because they wanted to have this
little office and then it ended up they had to have a variance to
live in the home that was already there as a single family
residence; that he has R-40 to the north of him, commercial,
general-commercial to the south and Shari Stiles felt that the R-40
was not an inappropriate zone for the property as long as the R-4
properties across Meridian Road are buffered appropriately; that
the requirement in the R-15 is that they be adjacent to a park or
an open space corridor and that is unlikely with the size of this
piece of property.
11. Doris Barrett submitted written testimony; that she lives
at 2250 N. Meridian Road and although her property is zoned
commercial she is being surrounded by high density zoning; that
this application of R-40 be reduced to single family dwellings with
a maximum of 5 units per acre so that it would compliment those
QUINN - FF/CL Page 4
across the street at Meridian Road.
12. Meridian Police Department, Meridian Fire Department, the
Meridian City Engineer, Ada County Highway District, the Meridian
School District and the Meridian Planning Director, submitted
comments and such are incorporated herein as if set forth in full.
13. That the Meridian City Engineer's office specifically
commented as follows:
a. Any existing irrigation/drainage ditches crossing
the property to be included in this project, shall
be tiled per City Ordinance 11-9-b05.M.; plans will
need to be approved by the appropriate
irrigation/drainage district, or lateral users
association, with written confirmation of said
approval submitted to the Public Works Department;
b. Any existing domestic wells and/or septic systems
shall be removed from their domestic service per
city Ordinance Section 5-7-517; that wells may be
used for non-domestic purposes such as landscape
irrigation;
c. That water service to this development is
contingent upon positive results from a hydraulic
analysis by computer model;
d. Water service to the proposed site could be via the
existing water line stub installed in Blue Heron
Lane directly adjacent to the north.
e. That a legal description for the proposed site
shall be submitted of the annexation perimeter;
that it shall be prepared by a Registered Land
Surveyor, Licensed by the State of Idaho and shall
include all those portions of adjacent Right-of-
Ways contiguous to the Corporate City Limits of the
City of Meridian; that the legal description must
place this parcel contiguous to the existing city
limit boundary.
f. That assessment fees for water and sewer service
are determined during the building plan review
process; that in addition to these assessments,
water and sewer "Late Comers" fees will also be
charges against this parcel to help reimburse the
QUINN - FF/CL Page 5
•
parties responsible for installing the water and
sewer mains to their current points.
14. That Shari Stiles, Planning and Zoning Administrator
specifically commented stating as follows:
a. That Blue Heron Road, which runs along the northern
boundary of this property, was dedicated to the
public in J. E. Pfost's Subdivision plat recorded
in 1908; that the strip is 33 feet in width; that
this road should be improved to ACRD standards at
the time of development of the property.
b. Meridian Road is identified as an entrance corridor
in the Meridian Comprehensive Plan; that a
landscape setback of 35 feet beyond required ACRD
right-of-way should be provided.
c. That detailed landscape plans will be required
under the conditional use process.
d. That a development agreement is required as a
condition of annexation.
e. That although Applicant's concept plan does not
indicate a density. to R-40, it was determined this
zoning was necessary to allow the variety of uses
proposed without requiring a variance (i.e.,
single-family, tri-plex, office).
15. That the Ada County Highway District submitted site
specific comments; that the Applicant dedicate 45 feet of right-of-
way from the centerline of Meridian Road abutting the parcel (15
additional feet) prior to issuance of building permit or other
required permits; that restrictions on the width, number and
locations of driveways, as required by the District policy, shall
be places on future development of this parcel; that direct lot or
parcel access to Meridian Road is prohibited and that lot access
restrictions shall be stated on the final plat; that if the private
road will be graveled, pave, (a minimum of 20 feet wide), at least
QUINN - FF/CL Page 6
•
20 feet beyond the edge of pavement of Meridian Road; install
pavement tapers abutting the existing curb returns on Blue Herron
Lane.
16. The Meridian School District submitted comments; that
there is no excess capacity in the schools of the District; that
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 the Meridian Comprehensive Plan, under Land Use,
Residential Policies, 2.1U states as follows:
"Support a variety of residential categories (urban, rural,
single-family, multi-family, townhouses, apartments,
condominiums, etc. ) for the purpose of providing the City with
a range of affordable housing opportunities."
18. That the Meridian Comprehensive Plan, under Land Use,
Rural Areas, 6.3 c., it states as follows:
"Within the Urban Service Planning Area development may occur
in densities as low as 3 dwellings per acre if physical
connection is made to existing City of Meridian water and
sewer service and the property is platted and subdivided .
tl
19. That the Meridian Comprehensive Plan, under Land Use,
Rural Areas, 6.4, it states as follows:
"Residential development is allowed in the rural area provided
that said development does not exceed the Rural Residential
Agricultural density, unless it is inside the Urban Service
Planning Area and City sewer and water is provided, then Low,
Medium and Sigh density residential may be considered. All
residential development must also comply with the other
appropriate sections of this plan."
20. That the Meridian Comprehensive Plan, under Population,
Housing Policies, at page 66, it states as follows:
QUINN - FF/CL Page 7
"1.1 The City of Meridian intends to provide for a wide
diversity of housing types (single-family, modular, mobile
homes, multi-family, townhouses, apartments, condominiums."
"1.3 An open housing market for all persons, regardless of
race, sex, age, religion or ethnic background."
"1.4 The development of housing for all income groups close
to employment and shopping centers should be encouraged."
21. That there is a population influx into the City of
Meridian at the present time which has been going on for some time
and is continuing; that the land is relatively close to Meridian
and economic conditions are making it difficult to continue farming
in the area.
22. That in 1992 the Idaho State Legislature passed
amendments to the Local Planning Act, which in 67-6513 Idaho Code,
relating to subdivision ordinances, states 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
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
QUINN - FF/CL Page 8
• .
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.
23. 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.
24. 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."
25. 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."
26. 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;"
27. That Section 11-9-605 R 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
QUINN - FF/CL pgge g
•
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:
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."
28. 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.
29. That the proposed Meridian Comprehensive Plan, under Land
Use, Mixed-Planned Use Development, Mixed-Use Area at Locust Grove
Road and Fairview Avenue Plus Areas North of Fairview Avenue, at
page 28, 5.16U, it states as follows:
"All Development requests will be subject to development
review and conditional use permit processing to ensure
neighborhood compatibility."
30. That the City has rezoned property in the vicinity of
QUINN - FF/CL Page 10
• •
Applicant's property to R-40 but has restricted development to an
R-20 standard, because of what that applicant stated.
31. That the Zoning Administrator commented that a
development agreement id required as a condition of annexation;
that a previous Zoning Administrator commented that an impact fee,
to help acquire a future school or park site to serve the area,
should be required on annexation, and that annexations should be
subject to impact fees for police, and fire services as determined
by the city and designated in an approved development agreement;
that such comment is equally applicable to this Application.
32. That proper notice was given as required by law and all
procedures before the Planning and Zoning Commission were given and
followed.
CONCLUSIONS
1. That all the procedural requirements of the Local
Planning Act and of the Ordinances of the City of Meridian have
been met, including the mailing of notice to owners of property
within 300 feet of the external boundaries of the Applicant's
property.
2. That the City of Meridian has authority to annex land
pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised
and Compiled Ordinances of the City of Meridian; that 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
QUINN - FF/CL Page 11
~. ~ ~
Meridian Comprehensive Plan, as amended, and the record submitted
to it and things of which it can take judicial notice.
4. That all notice and hearing requirements set forth in
Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of
Meridian have been complied with.
5. That the Commission may take judicial notice of
government ordinances, and policies, and of actual conditions
existing within the City and State.
6. That the land within the 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 titled owners and the annexation
is not upon the initiation of the City of Meridian.
8. That since the annexation and zoning of land is a
legislative function, the City has authority to place conditions
upon the annexation of land. Burt vs. The City of Idaho Falls, 105
Idaho 65, 665 P.D 1075 (1983).
9. That the development of annexed land must meet and comply
with the Ordinances of the City of Meridian and in particular
Section 11-9-616, which pertains to development time schedules and
requirements, and 11-9-605 M. which pertains to the tiling of
ditches and waterways.
10. That the Applicant's property is in compliance with the
Comprehensive Plan, and therefore the annexation and zoning
Application is in conformance with the Comprehensive Plan.
QUINN - FF/CL Page 12
11. That the requirements of the Meridian City Engineer's
office, including those specifically stated in its comments and
those stated herein in these Findings and Conclusions, and of the
Ada County Highway District, Nampa & Meridian Irrigation District,
Meridian Fire Department, U. S. West, and the comments of the
Meridian Planning Director shall be met and addressed in a
development Agreement.
12. That all ditches, canals, and waterways, including the
Aunter Lateral, shall be tiled as a condition of annexation and if
not so tiled the property shall be subject to de-annexation.
13. That the Applicant will be required to connect to
Meridian water and sewer and resolve how the water and sewer mains
will serve the land; that the development of the property shall be
subject to and controlled by the Subdivision and Development
Ordinance except as otherwise required herein; that, as a condition
of annexation, the Applicant shall be require#d 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 1, H 2, R, L, M
and the comments of the Planning Director, Shari Stiles; 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 impact,
development, 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
QUINN - FF/CL Page 13
• •
and loss of City services, if the requirements of this paragraph
are not met.
14. That proper and adequate access to the property is
available and will have to be maintained.
15. That these conditions shall run with the land and bind
the applicant, the titled owners, and their assigns.
16. That it is concluded that the Applicant did not have
specific plans for development; that the request for R-40 zoning
was not made in consideration of specific plans but to avoid the
requirement in the R-15 zone that the land have access to a park or
open space corridor.
17. That since the City has previously zoned property in the
area to R-40 but restricted development to R-20, it is concluded
that the City may take similar action in similar cases; the City
may also do this because it is an annexation request, which is a
legislative action; the Applicant did not request any limitation on
the density, but he also did not have any determined plans for
development; since it has been done for other land in the area, it
is concluded to make logical sense to do that with this property.
18. That it is concluded that since the property is 2.3 acres
in size, to zone the property R-15 requiring a park or open space
corridor is impractical.
19. That the Applicant shall be required to enter into a
Development Agreement.
20. That the requirements of the Meridian City Engineer, and
of the Ada County Highway District, Nampa & Meridian Irrigation
QUINN - FF/CL Page 14
• •
District, Meridian Fire and Police Departments, and the comments of
the Meridian Planning Director, would have to be met and addressed
in a development Agreement, if the property is annexed.
21. That all ditches, canals, and waterways would have to be
tiled, if the land were annexed, as a condition of annexation and
if not so tiled the property shall be subject to de-annexation;
that the Applicant shall be required to install a pressurized
irrigation system, and if not so done the property shall be subject
to de-annexation.
22. That if the property is annexed and zoned the Applicant,
and the property, shall meet all of the Ordinances of the City.
23. With compliance of the conditions contained herein,
annexation and zoning of R-40 Residential, with restriction on
development to R-15, would be in the best interest of the City of
Meridian; since that Applicant desired to split off his house, he
shall a provide separate legal description for his house and the
property should be zoned R-4.
2,~.. That if these conditions of approval are not met the
property shall be subject to de-annexation.
QUINN - FF/CL Page 15
•
•
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
COMMISSIONER ROUNTREE
COMMISSIONER SHEARER
COMMISSIONER ALIDJANI
CHAIRMAN JOHNSON (TIE BREAKER)
VOTED ~'~~
VOTED '
voTED 1~~~ ~ ~ ~ S ~
9• ~
VOTED_UR~--.
VOTED
DECISION AND RECOMMENDATION
The Meridian Planning and Zoning Commission hereby recommends
to the City Council of the City of Meridian that they approve the
annexation and zoning as stated above for the property described in
the application with the conditions set forth in the Findings of
Fact and Conclusions of Law, including R-4 for Applicant's land
that he desires to split off and including R-40 for the land other
than the property for his house and he shall provide separate legal
descriptions for his house and the property to be zoned R-4; that
on the property to be zoned R-40 development shall not occur at a
density greater than R-15; that the Applicant and owners be
specifically required to the all ditches, canals and waterways as
a condition of annexation and that the Applicant meet all of the
QUINN - FF/CL Page 16
C
Ordinances of the City of Meridian, specifically including the
development time requirements and entering into the required
development agreement, and the conditions of these Findings and
Conclusions of Law, and that if the conditions are not met that the
property be de-annexed.
MOTION:
APPROVED: DISAPPROVED:
QUINN - FF/CL Page 17
3>,
OFFICIALS
COUNCIL MEMBERS
RONALD R. TOLSMA
MAX YERRIN<iTON
ROBERT D. CORRIE
WALT W. MORROW
WILLIAM Q. BERG, Jr., Clty Clerk
JANICE L. (SASS, Clty Treasurer
OARY D. SMITH, P.E. City Enplnesr
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFr, Wasts Water Supt.
DENNIS J. SUMMERS, Parks Supt.
8HARI S. STILES, P R 2 Adm.
KENNETH W. BOWERS, FIro Chief
W. L. "BILL" (iORDON, Police Chief
WAYNE d. CROOKSTON, JR., Attorney
HUB OF TREASURE VALLEY •
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888433 • FAX (208) 887.4813
Public Works/Building Department (208)887-2211
GRANT P. KINGSFORD
Mayor
P ¢ Z COMMI8SION
JIM JOHNSON, Chairman
MOE AUDJANI
JIM 8HEARER
CHARLIE ROUNTREE
TIM HEPPER
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: August 1~ 1995
TRANSMITTAL DATE: 7/18/95 HEARING DATE: 8/8/95
REQUEST: Annexation and zoning to R-40 for 2 3 acres
BY: Billy Quinn
LOCATION OF PROPERTY OR PROJECT: South of Blue Heron Lane and East of
Meridian Road
JIM JOHNSON, P2
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 & 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 RECLAMAT N(P LI INAL PLAT)
CITY FILES ~~
OTHER:
YOURCONCISE REMARK .
~.~~ ~
JUL 1 9 ~'~~~
C~1'Y 0~ N~ERIDdAN
.~
OFFICIALS
WILLIAM G. BERG, Jr., Clty Clerk
JANICE L. GASS, Clty Treesuror
GARY D. SMITH, P.E. Clty Enpfnesr
BRUCE D. STUART, Water Worke Supt.
JOHN T. SHAWCIiOFT, Weete Wetsr Supt.
DENN18 J. SUMMERS, Parka Supt.
8HARI S. 8TILES, P fL Z Adm.
KENNETH W. BOWERS, Flre Chief
W. L "BILL" GORDON, Pollcs Chief
WAYNE G. CROOKSTON, JR., Attorney
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 Works/Building Department (208) 887-2211
GRANT P. KINGSFORD
Mayor
COUNCIL MEMBERS
RONALD R. TOL8MA
MAXYERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
P 8 Z COMMISSION
JIM JOHNSON, Chairman
MOE AUDJANI
JIM SHEARER
CHARLIE ROUNTREE
TIM HEPPER
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 8r. Zoning Commission, please submit your comments and recommendation to
Meridian City Hall, Attn: Will Berg, City Clerk by: August 1, 1995
TRANSMITTAL DATE: 7/18/95 HEARING DATE: 8/8/95
REQUEST: Annexation and zoning to R-40 for 2 3 acres
BY: Billy Quinn
LOCATION OF PROPERTY OR PROJECT: South of Blue Heron Lane and East of
Meridian Road
JIM JOHNSON, P2
MOE ALIDJANI, P/Z
JIM SHEARER, P/Z
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 8~ FINAL PLAT)
U.S. WEST(PRELIM 8~ FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & FINAL PLAT)
CITY FILES r~ -~
OTHER: / ~ ~ ~ ~L~
YOUR CONCISE REMARKS:
c1 a /~ ~ ~ (~e.x- I~e~ : f
• S~RINTENDENT OF SCHOOLS
Bob L. Haley
DEPUTY SUPERINTENDENT
~~R EXCEL! Dan Mabe, Finance & Administration
E` ASSISTANT SUPERINTENDENT
Z~ Christine Donnell, Personnel & Instruction
~~~\~/~~ 1 to DIRECTORS
,.``~,A`` Sheryl Belknap, Elementary
Jim Carberry, Secondary
Doug Rutan, Special Services
JOINT SCHOOL DISTRICT N0.2
911 MERIDIAN STREET • MERIDIAN,IDAH083642 • PHONE(208)888.6701
~2
a
~~
July 25, 1995
gill Z ~ 195
City of Meridian
33 East Idaho
Meridian, Idaho 83642
Re: Kumu Subdivision
Dear Commissioners:
I have reviewed the annexation and zoning request submitted by
Billy Quinn for Kumu Subdivision. This will accelerate the
need for Joint School District No. 2 to construct additional
classrooms and/or to adjust school attendance boundaries.
Meridian Schools do not have excess capacity. Nearly every
school in the district is beyond capacity.
The Meridian School District supports economic growth for Idaho
and specifically the district's area, but such growth produces a
need for additional school construction. We ask your support
for a development fee statute on new home construction or a real
estate transfer fee to help offset the costs of building
additional school facilities. If this support is lacking then we
ask that additional residential development be denied.
Sincerely,
Mari Hyle
Budget and Financial Manager
MH:gr
OFFICIALS
WILLIAM G. BERG, JR., City Clerk
~ JAI;ICE L. GASS, City Treasurer
l 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, Polloe Chief
WAYNE G. CROOKSTON, JR., Attorney
• 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 Worlts/Buiiding Department (208) 887-2211
Motor Vehicle/Drivets License (208) 888-4443
CO N 1 M MB ?R
RONALD R.TOLSMA
MAX YERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
P b Z COMMICSION
JIM JOHNSON, Chairman
MOE ALJDJANI
JIM SHEARER
CHARLIE ROUNTREE
TIM HEPPER
GRANT P. KINGSFORD
Mayor
MEMORANDUM:
August 3, 1995
UPDATED 10/17/95
To: Mayor, City Council, Planning & Zoning
From: Bruce Freckleton, Assistant to City Enginee~~~`~~
Re: SOUTH OF BLUE HERON LN. & EAST OF MERIDIAN RD. -Billy Quinn
(Request for Annexation & Zoning to R-40 for 2.3 Acres)
I have reviewed this submittal and offer the following comments, for your information and
consideration as conditions of the Applicant during the hearing process:
1. This application is for a parcel of land adjacent to Annexation Ordinance No. s 225, 414
and the Amended Annexation Ordinance No. 630. A legal description (per. City of
Meridian Resolution No.158) for annexation was not included in the application. Applicant
shall submit an annexation perimeter legal description for the proposed site. The legal
description shall include all those portions of adjacent Public Rights-of--Way contiguous
to the Corporate City Limits of the City of Meridian. The legal description shall be
prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall
conform to all the provisions of the City of Meridian Resolution No. 158. The legal
description for annexation must place this parcel contiguous to the existing city limit
boundary.
NO.LEGAL DESCRIPTIONHAS BEENSUBMITTED AS OF THIS DA7E.
2. Water service to this development is contingent upon positive results from a hydraulic
analysis by our computer model.
3. At the time the properly is developed any existing irrigation drainage ditches crossing the
property to be included in this project, shall be tiled per City Ordinance 11-9-605.M.
Plans will need to-~be approved by the appropriate irrigation drainage district, or lateral
users association, with written confirmation of said approval submitted to the Public
Works Department.
4. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service per City Ordinance Section 5-7-517. Wells may be
used for non-domestic purposes such as landscape irrigation.
QUINN.P&Z
• •
. ~ Mayor, Council and P&Z
June 7, 1995
Page 2
5. Sanitary Sewer service to the proposed site could be via the existing sewer line stub
installed in Blue Heron Lane directly adjacent to the north.
6. Water service to the proposed site wuld be via the existing water line stub installed in Blue
Heron Lane directly adjacent to the north.
7. Assessment fees for water and sewer service are determined during the building plan
review process. In addition to these assessments, water and sewer "Late Comers" fees will
also be charged against this parcel to help reimburse the parties responsible for installing
the water and sewer mains to their current points.
QL7IlVN.P&Z
OFFICIALS • •
HUB OF TREASURE VALLEY COUNCIL MEMBERS
~ `V3ILLIAM G. BERG, JR., City Clerk A Good Place to Live RONALD R. TOLSMA
JANICE L. GASS, City Treasurer
GARY D. SMITH, P.E., City Engineer
CITY OF MERIDIAN MAX YERRINGTON
BRUCE D. STUART, Water Works Supt. WALT W. MORROW
JOHN T. SHAWCROFT, waste water supt. 33 EAST IDAHO
DENNIS J. SUMMERS, Parks Supt. P & Z COMMISSION
SHARI S. STILES, P & z Adm. MERIDIAN, IDAHO 83642
JIM JOHNSON
Chairman
PATTY A. WOLFKIEL, DMV Supervisor Phone (208) 888-4433 • FAX (208) 887-4813 ,
MOE ALIDJANI
KENNETH W. BOWERS, Fire Chief
W.L. "BILL" GORDON, Police Chief Public WorksBuilding l~epartrnent (208) 887-2211 JIM SHEARER
WAYNE G. CROOKSTON, JR., Attorney Motor Vehicle/Drivers License (208) 888-4443 CHARLIE ROUNTREE
TIM HEPPER
GRANT P. HINGSFORD
Mayor
MEMORANDUM: August 3, 1995
UPDATED 10/17/95
To: Mayor, City Council, Planning & Zoning
From; Bruce Freckleton, Assistant to City Enginee~'~~~
Re: SOUTH OF BLUE HERON LN. & EAST OF MERIDIAN RD. -Billy Quinn
(Request for Annexation & Zoning to R-40 for 2.3 Acres)
I have reviewed this submittal and offer the following comments, for your information and
consideration as conditions of the Applicant during the hearing process:
1. This application is for a parcel of land adjacent to Annexation Ordinance No. s 225, 414
and the Amended Annexation Ordinance No. 630. A legal description (per. City of
Meridian Resolution No.158) for annexation was not included in the application. Applicant
shall submit an annexation perimeter legal description for the proposed site. The legal
description shall include all those portions of adjacent Public Rights-of--Way contiguous
to the Corporate City Limits of the City of Meridian. The legal description shall be
prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall
conform to all the provisions of the City of Meridian Resolution No. 158. The legal
description for annexation must place this parcel contiguous to the existing city limit
boundary.
NO LEGAL DESCRIP770NHAS BEEN SUBM!'ITED AS OF THIS DATE.
2. Water service to this development is contingent upon positive results from a hydraulic
analysis by our computer model.
3. At the time the property is developed any existing imgation/drainage ditches crossing the
property to be included in this project, shall be tiled per City Ordinance 11-9-605.M.
Plans will need to be approved by the appropriate irrigation drainage district, or lateral
users association, with written confirmation of said approval submitted to the Public
Works Department.
4. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service per City Ordinance Section 5-7-517. Wells may be
used for non-domestic purposes such as landscape imgation.
QUIhTN.P&Z
' Mayor, Council and P&Z
June 7, 1995
Page 2
•
5. Sanitary Sewer service to the proposed site could be via the existing sewer line stub
installed in Blue Heron Lane directly adjacent to the north.
6. Water service to the proposed site could be via the existing water line stub installed in Blue
Heron Lane directly adjacent to the north.
7. Assessment fees for water and sewer service are determined during the building plan
review process. In addition to these assessments, water and sewer "Late Comers" fees will
also be charged against this parcel to help reimburse the parties responsible for installing
the water and sewer mains to their current points.
QUINN.P&Z
MERIDIAN PLANNING & ZONING COMMISSION MEETING: SEPTEMBER 12.1995
APPLICANT: BILLY QUINN AGENDA I TEM NUMBER: 9
REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION20NING TO R-40
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:
COMMENTS
~.~~• ~ ~
X37 v
FINDINGS OF FACT AND CONCLUSIONS OF LAW
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:
~~i~
~ ~~
~ed~ Q~~~
a~~ $~~ Y
~p~r
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
•
• ~Oo G°'~
BEFORE THE MERIDIAN PLANNING AND ZONING COMMI33ION
BILLY OUINN
ANNERATION AND ZONING
SECTION 6, TOWNSHIP 3 NORTH. RANGE 1 EAST
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled annexation and zoning application having
come on for consideration on August 8, 1995, at the hour of 7:30
o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho
Street, Meridian, Idaho, and the Commission having heard and taken
oral and written testimony and the Applicant, Billy Quinn,
appearing in person, 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 August 8, 1995, the first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at the August 8, 1995, hearing;
that the public was given full opportunity to express comments and
submit evidence; and that copies of all notices were made available
to newspaper, radio and television stations.
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
QUINN - FF/CL page 1
o ~ •
approximately 2.3 acres in size; it is in Section 6, Township 3
North, Range 1 East of J.E. Pfost's Subdivision, Ada County, Idaho.
3. That the property is presently zoned by the County RT
(Rural Transition); that the Applicant requested in his letter of
submittal that the property be zoned R-40 High Density Residential;
in another document he requested that it be zoned high density
residential and light commercial. That adjacent to this property
Y
to the south is the boundary line for the City of Meridian; that
the property surrounding this property in all directions, save the
Cunningham and Knapp to the east lies in the City of Meridian.
4. The Applicant, Billy Quinn, stated in his application
that this property is surrounded by property within the city limits
of Meridian; that City water and sewer are trunked to the edge of
the property along Meridian Road; that he would like to hook up to
Meridian water and sewer enabling him to apply for government
insured financing to accomplish a "one time only" lot split between
a house on a lot of approximately 9000 foot square; that his plans
would be to develop the 2.3 acre portion, to include limited office
usage and four-plexes, but that these plans do not include
immediate development; that the concept is of a combination
office/resident and town houses fronting Meridian Road with some
other residential usage further to the east; that the land was
within a Mixed/Planned Use Development Area.
5. The Applicant, Billy Quinn, is the owner of record of the
property and has requested this annexation and zoning and the
application is not at the request of the City of Meridian.
QUINN - FF/CL page Z
~. •
6. That the property included in the annexation and zoning
application is within the Area of Impact of the City of Meridian.
7. That the parcel of ground is included within the Meridian
Urban Service Planning Area as the Urban Service Planning Area is
defined in the Meridian Comprehensive Plan.
8. That in the Rural Area section of the Comprehensive Plan,
Section 6.3, it does state that land in agricultural activity
should so remain in agricultural activity until urban services can
be provided.
9. That Mr. Quinn testified that in his discussions with the
City Planner that it was arrived at that the R-40 zoning, versus an
R-15 zoning, was a reasonable request; that compared to neighbors
and the surrounding zoning he might have moderated it a little bit;
that he is surrounded by some pretty dense zoning; he stated that
he was not ready to develop at this time; he stated that he desired
to split his off of this property and use the rest for development;
that R-40 is described in the Zoning Ordinance, 11-2-408 B. 6. as
follows:
(R-40) High Density Residential District: The
purpose of the (R-40) District is to permit the
establishment of high density residential uses at
density not exceeding forty (40) dwelling units per
acre. Connection to the Municipal Water and Sewer
Systems of the City of Meridian is required.
and R-15 is defined as follows:
(R-15) Medium High Density Residential District - The
purpose of the (R-15) District is to permit the
establishment of medium-high density single-family
attached and multi-family dwellings at a density not
exceeding fifteen (15 ) dwelling units per acre. All such
districts must have direct access to a transportation
QUINN - FF/CL Page 3
~~
•
arterial or collector, abut or have direct access to a
park or open space corridor, and be connected to the
Municipal Water and Sewer systems of the City of
Meridian. The predominant housing types in this district
will be patio homes, zero lot line single-family
dwellings, townhouses, apartment buildings and
condominiums.
10. That Shari Stiles, Meridian City Planner, stated that in
helping Mr. Quinn with his application, while the purpose was to
get hooked up to sewer and water and split his lot, proposing
either a tri-plex, or multi-family also with his single family
dwelling that he intends to remain there, and also offices; that
all of those uses fell under the R-40 zoning without having to go
for a variance which the City ran into with the Sciscoe's which
lasted for months and months because they wanted to have this
little office and then it ended up they had to have a variance to
live in the home that was already there as a single family
residence; that he has R-40 to the north of hi.m, commercial,
general-commercial to the south and Shari Stiles felt that the R-40
was not an inappropriate zone for the property as long as the R-4
properties across Meridian Road are buffered appropriately; that
the requirement in the R-15 is that they be adjacent to a park or
an open space corridor and that is unlikely with the size of this
piece of property.
11. Doris Barrett submitted written testimony; that she lives
at 2250 N. Meridian Road and although her property is zoned
commercial she is being surrounded by high density zoning; that
this application of R-40 be reduced to single family dwellings with
a maximum of 5 units per acre so that it would compliment those
QUINN - FF/CL page 4
•
across the street at Meridian Road.
12. Meridian Police Department, Meridian Fire Department, the
Meridian City Engineer, Ada County Highway District, the Meridian
School District and the Meridian Planning Director, submitted
comments and such are incorporated herein as if set forth in full.
13. That the Meridian City Engineer's office specifically
commented as follows:
a. Any existing irrigation/drainage ditches crossing
the property to be included in this project, shall
be tiled per City Ordinance 11-9-605.M.; plans will
need to be approved by the appropriate
irrigation/drainage district, or lateral users
association, with written confirmation of said
approval submitted to the Public Works Department;
b. Any existing domestic wells and/or septic systems
shall be removed from their domestic service per
city Ordinance Section 5-7-517; that wells may be
used for non-domestic purposes such as landscape
irrigation;
c. That water service to this development is
contingent upon positive results from a hydraulic
analysis by computer model;
d. Water service to the proposed site could be via the
existing water line stub installed in Blue Heron
Lane directly adjacent to the north.
e. That a legal description for the proposed site
shall be submitted of the annexation perimeter;
that it shall be prepared by a Registered Land
Surveyor, Licensed by the State of Idaho and shall
include all those portions of adjacent Right-of-
Ways contiguous to the Corporate City Limits of the
City of Meridian; that the legal description must
place this parcel contiguous to the existing city
limit boundary.
f. That assessment fees for water and sewer service
are determined during the building plan review
process; that in addition to these assessments,
water and sewer "Late Comers" fees will also be
charges against this parcel to help reimburse the
QUINN - FF/CL Page 5
•
parties responsible for installing the water and
sewer mains to their current points.
14. That Shari Stiles, Planning and Zoning Administrator
specifically commented stating as follows:
a. That Blue Heron Road, which runs along the northern
boundary of this property, was dedicated to the
public in J. E. Pfost's Subdivision plat recorded
in 1908; that the strip is 33 feet in width; that
this road should be improved to ACRD standards at
the time of development of the property.
b. Meridian Road is identified as an entrance corridor
in the Meridian Comprehensive Plan; that a
landscape setback of 35 feet beyond required ACRD
right-of-way should be provided.
c. That detailed landscape plans will be required
under the conditional use process.
d. That a development agreement is required as a
condition of annexation.
e. That although Applicant's concept plan does not
indicate a density to R-40, it was determined this
zoning was necessary to allow the variety of uses
proposed without requiring a variance (i.e.,
single-family, tri-plex, office).
15. That the Ada County Highway District submitted site
specific comments; that the Applicant dedicate 45 feet of right-of-
way from the centerline of Meridian Road abutting the parcel (15
additional feet] prior to issuance of building permit or other
required permits; that restrictions on the width, number and
locations of driveways, as required by the District policy, shall
be places on future development of this parcel; that direct lot or
parcel access to Meridian Road is prohibited and that lot access
restrictions shall be stated on the final plat; that if the private
road will be graveled, pave, (a minimum of 20 feet wide), at least
QUINN - FF/CL Page 6
•
20 feet beyond the edge of pavement of Meridian Road; install
pavement tapers abutting the existing curb returns on Blue Herron
Lane.
16. The Meridian School District submitted comments; that
there is no excess capacity in the schools of the District; that
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 the Meridian Comprehensive Plan, under Land Use,
Residential Policies, 2.1U states as follows:
"Support a variety of residential categories (urban, rural,
single-family, multi-family, townhouses, apartments,
condominiums, etc. j for the purpose of providing the City with
a range of affordable housing opportunities."
18. That the Meridian Comprehensive Plan, under Land Use,
Rural Areas, 6.3 c., it states as follows:
"Within the Urban Service Planning Area development may occur
in densities as low as 3 dwellings per acre if physical
connection is made to existing City of Meridian water and
sewer service and the property is platted and subdivided .
.'
19. That the Meridian Comprehensive Plan, under Land Use,
Rural Areas, 6.4, it states as follows:
"Residential development is allowed in the rural area provided
that said development does not exceed the Rural Residential
Agricultural density, unless it is inside the Urban Service
Planning Area and City sewer and water is provided, then Low,
Medium and High density residential may be considered. All
residential development must also comply with the other
appropriate sections of this plan."
20. That the Meridian Comprehensive Plan, under Population,
Housing Policies, at page 66, it states as follows:
QUINN - FF/CL Page 7
•
"1.1 The City of Meridian intends to provide for a wide
diversity of housing types (single-family, modular, mobile
homes, multi-family, townhouses, apartments, condominiums."
"1.3 An open housing market for all persons, regardless of
race, sex, age, religion or ethnic background."
"1.4 The development of housing for all income groups close
to employment and shopping centers should be encouraged."
21. That there is a population influx into the City of
Meridian at the present time which has been going on for some time
and is continuing; that the land is relatively close to Meridian
and economic conditions are making it difficult to continue farming
in the area.
22. That in 1992 the Idaho State Legislature passed
amendments to the Local Planning Act, which in 67-6513 Idaho Code,
relating to subdivision ordinances, states 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
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
QUINN - FF/CL Page 8
~~ •
•
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.
23. 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.
24. 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."
25. 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."
26. 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;"
27. That Section 11-9-605 R 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
QUINN - FF/CL page 9
•
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:
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."
28. 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
Desicrn Manual for Ada County (as prepared by Ada County
Aighway District) when reviewing bicycle and pedestrian
pathway provisions within developments.
29. That the proposed Meridian Comprehensive Plan, under Land
Use, Mixed-Planned Use Development, Mixed-Use Area at Locust Grove
Road and Fairview Avenue Plus Areas North of Fairview Avenue, at
page 28, 5.16U, it states as follows:
"All Development requests will be subject to development
review and conditional use permit processing to ensure
neighborhood compatibility."
30. That the City has rezoned property in the vicinity of
QUINN - FF/CL Page 10
•
Applicant's property to R-40 but has restricted development to an
R-20 standard, because of what that applicant stated.
31. That the Zoning Administrator commented that a
development agreement id required as a condition of annexation;
that a previous Zoning Administrator commented that an impact fee,
to help acquire a future school or park site to serve the area,
should be required on annexation, and that annexations should be
subject to impact fees for police, and fire services as determined
by the city and designated in an approved development agreement;
that such comment is equally applicable to this Application.
32. That proper notice was given as required by law and all
procedures before the Planning and Zoning Commission were given and
followed.
CONCLUSIONS
1. That all the procedural requirements of the Local
Planning Act and of the Ordinances of the City of Meridian have
been met, including the mailing of notice to owners of property
within 300 feet of the external boundaries of the Applicant's
property.
2. That the City of Meridian has authority to annex land
pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised
and Compiled Ordinances of the City of Meridian; that 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
QUINN - FF/CL Page 11
Meridian Comprehensive Plan, as amended, and the record submitted
to it and things of which it can take judicial notice.
4. That all notice and hearing requirements set forth in
Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of
Meridian have been complied with.
5. That the Commission may take judicial notice of
government ordinances, and policies, and of actual conditions
existing within the City and State.
6. That the land within the 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 titled owners and the annexation
is not upon the initiation of the City of Meridian.
8. That since the annexation and zoning of land is a
legislative function, the City has authority to place conditions
upon the annexation of land. Burt vs. The Citv of Idaho Falls. 105
Idaho 65, 665 P.D 1075 (1983).
9. That the development of annexed land must meet and comply
with the Ordinances of the City of Meridian and in particular
Section 11-9-616, which pertains to development time schedules and
requirements, and 11-9-605 M. which pertains to the tiling of
ditches and waterways.
10. That the Applicant's property is in compliance with the
Comprehensive Plan, and therefore the annexation and zoning
Application is in conformance with the Comprehensive Plan.
QUINN - FF/CL Page 12
• •
11. That the requirements of the Meridian City Engineer's
office, including those specifically stated in its comments and
those stated herein in these Findings and Conclusions, and of the
Ada County Highway District, Nampa & Meridian Irrigation District,
Meridian Fire Department, U. S. West, and the comments of the
Meridian Planning Director shall be met and addressed in a
development Agreement.
12. That all ditches, canals, and waterways, including the
Hunter Lateral, shall be tiled as a condition of annexation and if
not so tiled the property shall be subject to de-annexation.
13. That the Applicant will be required to connect to
Meridian water and sewer and resolve how the water and sewer mains
will serve the land; that the development of the property shall be
subject to and controlled by the Subdivision and Development
Ordinance except as otherwise required herein; that, as a condition
of annexation, the Applicant shall be require#d 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 1, H 2, R, L, M
and the comments of the Planning Director, Shari Stiles; 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 impact,
development, 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
QUINN - FF/CL Page 13
and loss of City services, if the requirements of this paragraph
are not met.
14. That proper and adequate access to the property is
available and will have to be maintained.
15. That these conditions shall run with the land and bind
the applicant, the titled, owners, and their assigns.
16. That it is concluded that the Applicant did not have
specific plans for development; that the request for R-40 zoning
was not made in consideration of specific plans but to avoid the
requirement in the R-15 zone that the land have access to a park or
open space corridor.
17. That since the City has previously zoned property in the
area to R-40 but restricted development to R-20, it is concluded
that the City may take similar action in similar cases; the City
may also do this because it is an annexation request, which is a
legislative action; the Applicant did not request any limitation on
the density, but he also did not have any determined plans for
development; since it has been done for other land in the area, it
is concluded to make logical sense to do that with this property.
18. That it is concluded that since the property is 2.3 acres
in size, to zone the property R-15 requiring a park or open space
corridor is impractical.
19. That the Applicant shall be required to enter into a
Development Agreement.
20. That the requirements of the Meridian City Engineer, and
of the Ada County Highway District, Nampa & Meridian Irrigation
QUINN - FF/CL Page 14
., •
District, Meridian Fire and Police Departments, and the comments of
the Meridian Planning Director, would have to be met and addressed
in a development Agreement, if the property is annexed.
21. That all ditches, canals, and waterways would have to be
tiled, if the land were annexed, as a condition of annexation and
if not so tiled the property shall be subject to de-annexation;
that the Applicant shall be required to install a pressurized
irrigation system, and if not so done the property shall be subject
to de-annexation.
22. That if the property is annexed and zoned the Applicant,
and the property, shall meet all of the Ordinances of the City.
23. With compliance of the conditions contained herein,
annexation and zoning of R-40 Residential, with restriction on
development to R-15, would be in the best interest of the City of
Meridian; since that Applicant desired to split off his house, he
shall a provide separate legal description for his house and the
property should be zoned R-4.
20. That if these conditions of approval are not met the
property shall be subject to de-annexation.
QUINN - FF/CL Page 15
•
APPROVAL OF Ia'INDIN(~3 OF FACT AND CONCLUSIONS
The Meridian Planning and Zoning Commission hereby adopts and
approves these Findings of Fact and Conclusions.
ROLL CALL
COMMISSIONER HEPPER
COMMISSIONER ROUNTREE
COMMISSIONER SHEARER
COMMISSIONER ALIDJANI
CHAIRMAN JOHNSON (TIE BREAKER)
VOTEDiG
VOTED '
A~ ~
VOTED ~R^-~ ~ ( 2 ~ S
'' /
VOTED U~.~---.
VOTED
DECISION AND RECOMMENDATION
The Meridian Planning and Zoning Commission hereby recommends
to the City Council of the City of Meridian that they approve the
annexation and zoning as stated above for the property described in
the application with the conditions set forth in the Findings of
Fact and Conclusions of Law, including R-4 for Applicant's land
that he desires to split off and including R-40 for the land other
than the property for his house and he shall provide separate legal
descriptions for his house and the property to be zoned R-4; that
on the property to be zoned R-40 development shall not occur at a
density greater than R-15; that the Applicant and owners be
specifically required to the all ditches, canals and waterways as
a condition of annexation and that the Applicant meet all of the
QUINN - FF/CL Page 16
v •
Ordinances of the City of Meridian, specifically including the
development time requirements and entering into the required
development agreement, and the conditions of these Findings and
Conclusions of Law, and that if the conditions are not met that the
property be de-annexed.
MOTION:
APPROVED: DISAPPROVED:
QUINN - FF/CL Page 17
MERIDIAN PLANNING & ZONING COMMISSION MEETING: AUGUST 8.1995
APPLICANT: BILLY QUINN AGENDA I TEM NUMBER: 18
REQUEST: PUBLIC HEARING• REQUEST FOR ANNExAT1011L~ONING FOR 2 3 ACRES TO R-4Q__
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
COMMENTS
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
"REVIEWED"
SEE ATTACHED COMMENTS
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:
SEE ATTACHED COMMENTS
!~
SEE ATTACHED COMMENTS P
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IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
a~~~~"~'
AEI Materials presented at public meetings shall become property of the City of Meridian.
ADA
OUNTY HIGHWAY D
Development Services Divisia~
Development Applicati ep
MA-2-95 - Annexation/R-1 to R-40
Blue Heron Lane e/o Meridian Road, City of Merid„
The applicant is requesting annexation approval
family development consisting of six four-ple
corner of Blue Heron Lane and Meridian
192 additional vehicle trips per day depe mg o~
Roads impacted by this development°
~r
CT
~ -1 to R-40 for amulti-
.3-a a is located on the southeast
1 ent is estimated to generate
Blue Heron Lane _~ Coca , ith n ~ ; ay designation
tra ~ available
Meridian Road ~ arte ~ ~ ~ bike lane designation
~~ ~ ~ unt ~~ ~ 8 on 6-16-93 (n/o Franklin Road)
~'
Issues to be addressed:
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1. Right-of;-way requ' ent;
2. Road ltnp''~ovem ~, ~~~
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3. Acces~~ ~ ~ location
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Facts and Findings:
A. General Information
Rl -Existing zoning
R-40 -Requested zoning
2.3 -Acres
264 -Traffic Analysis Zone (TAZ)
West Ada -Impact Fee Benefit Zone
Western Cities -Impact Fee Assessment
Blue Heron Lane
Private road
No traffic count available
310-feet of front~e
Blue Herron Lane~i~a'pri
foot curb return entr~._
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is improved with 20-feet of gravel. There is a 28-
Herron Lane on Meridian Road.
Minor artea~al with bike lari designation
Traffic c;ornt 5,378 on 6~~16-93 (n/o Franklin Road)
280-feet of:frontage . >~''
..
63-feet e~ t` 't=of--way (30-feet e/o centerline)
90-feet requit ' fight-of--way (45-feet from centerline)
Meridian Road is improved with a 41-foot street section with curb, gutter and sidewalk on
both sides.
B. The site is currently undeveloped with the exception of an out building and possible dwelling
located at the rear of the site. It is unclear if these structures are on the site, and if so if they
are to be removed.
C. The site plan showing a possible future development proposal for this site shows one
driveway on Blue Herron Lane a distance of approximately 275-feet from Meridian Road.
Staff supports this driveway location.
D. Graveled private roads abutting public streets create maintenance problems due to gravel
being tracked onto the roadway. If the private road will be graveled, staff recommends that
the applicant pave, (a minimum of 20-feet wide), at least 20-feet beyond the edge of
pavement of Meridian Road and install pavement tapers abutting the existing curb returns on
Blue Herron Lane.
E. Based on development patterns in this area and the resulting traffic generation, staff
anticipates that the transportation system will be adequate to accommodate additional traffic
generated by this proposed development.
MA-2-95
Page 2
F. This application is scheduled for a public hearing by the City of Meridian Planning and
Zoning Commission on August 8, 1995.
~'
If the rezone is approved and development proceeds, the PSistrict will provide the following
recommendations to . ~ }
~''~~~ _
Site Specific Requirements:
1. Dedicate 45-feet of right-of--way from the.cente~l~u'; of Meridian Road abutting the parcel
rte` ..
(15-additional feet) prior to issuance of~buildin~°permirr(ar other required permits). The
~...,~
owner will be compensated for this.aclditional riglit~-sway from available impact fee
revenues in this benefit zone. If thejro~~~ner~~~~ishe~to be paid for the additional right-of--way,
the owner must submit a letter of'applic.ap,on to~the unpact fee administrator prior to breaking
ground, in accoreiance, with~Section 1~ ofA~I~D Ordinance #188.
,:.1 ,:, ,
2. Restrictions on the width, number a11d locations of driveways, as required by District policy,
shall be placed on tuture~:development$of this parcel.
3. Direct lot or. arcel access t~~~I~1~~ridian Road is prohibited, in compliance with District
policy. Lotfaccess restrictions shall be stated on the final plat.
~ ~> ~.
4. If the privae road wilLaie graveled, pave, (a minimum of 20-feet wide), at least 20-feet
,i:.
beyond the ~ ~f.pavement of Meridian Road. Install pavement tapers abutting the existing
curb return ue Herron Lane. Provide a plan showing how the private road grade
meets the public road. District Policy IV D.7.a. calls for a design approach speed of 20
MPH and a maximum intersection approach grade of 2 % for at least 80-feet.
Standard Requirements:
A request for modification, variance or waiver of any requirement or policy outlined herein
shall be made in writing to the Development Services Supervisor. The request shall
specifically identify each requirement to be reco idered and include a written explanation of
why such a reauirement would result in a substantial hardship or inequ~y.
Requests received prior to the date scheduled for Conunission action shall be rescheduled for
discussion with the Commission on the next available meeting agenda.
2. A request for an appeal of the Commission's action shall be made in writing to the
Development Services Supervisor within 15 calendar days of the action and shall include a
minimum fee of $110.00. The appeal will be scheduled to be heard by the Commission
within 20 calendar days after receipt. The request for appeal shall specifically identi each
~quirement to be reconsidered and include a written explanation of why such a reauirement
would result i_n a substantial hardship or inequity.
MA-2-95
Page 3
3. Aright-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 w e practical to limit
pavement damage. Contact Construction Services at 345-7667, ~, th zoning file number) for
~ ~._.
details. ~ -_ . ~..
s
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4. Submit site drainage plans and calculations for re~~iew and approprlate'a~ti~n by ACHD prior
to issuance of building permit (or other required permits). The prop~d drainage system
shall retain all storm water on-site and shall conto~rm:;ta the requirements of the City of
Meridian. - . ~ ` v~~a a:'~b
5.
6.
7.
8.
Public street drainage facilities shall be l~fed.= e pubad'right-of--way or in a common lot
owned by a homeowners association set~as~despecz~call~~for that use. There shall be no
rs<. .
trees, fences, bushes, sheds, or other valuable ameij~ies placed in said easement. Drainage
lots and their use restrictions shall be noted'~on the~~lat (when applicable).
3 ~,_„
Continue existing.,irrigation.and{dra~nage;sy5t~ms across parcel.
~.
Continue borrow dim raina~e abutting parcel (culvert may be required).
Provide wt
runoff into
system.
w
the appropriate irrigation/drainage district authorizing storm
Install a ;
involving
project s
sign on every unsignalized approach of a project street to an intersection
~llector o~~=arterial as the cross-street. The stop sign shall be installed when the
aiccessible to the motoring public.
9. Specifications, land surveys, reports, plats, drawings, plans, design information and
calculations presented to ACHD shall be sealed, signed and dated by a Registered
Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code,
Section 54-1215.
10. The applicant shall submit revised plans for staff approval, prior to issuance of building
permit (or other required permits), which incorporates any required design changes.
11. Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
Should you have any questions or comments, please contact the Development Services
Division at 345-7662.
Date of Commission Apgroval:
Development Services Staff
MA-2-95
Page 4