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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 ST A T Wae w w S CITY OF MERIDIAN ROBERT D. CORRIE WALTW.MORROW BRUCE D. U R pt. o , 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: ~~~~~ Jl~L1~i'~~ CITY ®F ~~~.II~~A~ y • 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) f ~. ~, ~C. c~ n ~ ~ ~ ~~ (i.E'.. 4°'l 2- ~~ ~ 7~ -Z ~.- ~ (OWNER(S OF RECORD) (NAME) (TELEPHONE N0.) t) . i auk 1 ( , ~'t~ ~ s ~ , /t( . ~ `` ~-~ t ~~ 3 t ~ ~~. /` l ~' e ~_~~ r .~,~.,. (ADDRESS) r >~, N I y (.~ ~ { ~~ ~. , ~ ~d ~~'J z~.. I ~ (APPLICANT) (NAME) (TELEPHONE N0.) ~U~ 11Uk ~( ~Jt~ ~ IG~. ~.~~~ I (ADDRESS) (ENGINEER, SURVEYOR OR PLANNER) (NAME) (TELEPHONE N0.) (ADDRESS) (JURISDICTION(S) REQUIRING APPROVAL) ~" :. 1 e ~( ~~ F (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 , ~. ~ l•' C•' • • ' 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, ' ~i B ~~ ~ I /, ~~ G~~" ' a K~ ', ~'-~ w ~,,,~ 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. r ~y i U '~ Q W M W ~ ~ ~ ~ U r H .- ~T L i_i I L W ~.iJ U ~. a .~ n W ~ . 2 1 J ~, ~ 2 x' ~ ~ U 1 s z„ a~ L N ~ ~ ~ I __ W N ~ ~ ~ S 1 \J N~ 4 IV 1 C I ~~ 3 0. 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W ' ~ i1 ~ W ~f -- -- rA i ~ -- ~ - - - - ~ ~ I ~ ~ ~ QVp2~ N111Q1?!3W `1/~ ~jss:bl~ ~^C'PPT ;0'd Zi0'oN h7: 9T bh~f3T I~fl ~~~i?~:-~..t,c--s?n?:I1T c'1rE-~-~--i~.~~~~a~_i ~ i ~ , .~ ~, v `~ r~ A Q h a N i ... i7' ~i_ wf ~7 u N 1~ Q 1 3!~r'. 7/ ~ v ( Q W 4 a N ~ _ 3 N y N ~i ao ~~ Q o a w3/1tf H101 ~N ~o ,n / x .~ N ~ ~ D: - m a' v ' .l W ~ Q' 01 ` ~ a, - ~'- !a' ~ M q Gl I N m - O fv 0+ ~ ~tl J,JIt-3n"IOM 'NU M LL1 ~ --- a ~ W ~__I, N w ~~ n ~ -- N N ~ ~ r ~~, ~ and N i~b ~~ ~Itl ` ~/ - N N N N ~! ~ ti ~ /, i0 ~~~ a i M a -.~ - a i N W ~ ' '~ ~ e - ~ N M a n b P W Of ~ _- NI • r O . 1D ~ 'AM 00~3dtl0 N N rn - ~V$E CT. ~o Q ~ - N ~ ~ a' _ ~ O ~~ m i ~b ~ ~ Q M r ~ _ _A o N- ~ ~ N N N a N q - _ _ w r+ d0 ~ n _ o o w n dS v a _ ~ ~ M ~ N ~~ ~ I m / bQ ~ - ~iJ j _ ~ /~ N _ ~~ O w N N ~V ~ ~ - Q A ti OQ,b Yl a _\ N N ~ ~~~ j V V' (n ~ N ~ ` m r Q~ `~ ~,, ~ Y ~ MIO ~ \ N - N N N N n ` i w ~ .~ v '\` r Z ~~ Cl w ~ m w C _ N M1 ~ `l~'.. J J Q ~ p ~ 6L ~ Q ~ ~ ~ I r _ m ~ ~ Q LLi ~ ti N ~ M N ~ ~ • ~a ' c. tlH3~ iy„~ ~rl~~~ ~~ __~_ v 3atY~ _. _. _~ - _, _ --~ w~ ~n N i ~ o ~ N~: 9 ' ~ .. ///~y ~ 10 1 ~ I \. > ' ~ ~t- r. ~ - C a :, .~ h ~~ ~.JL ~ ~ ~~ `~ tl V ..,,,Y .~ ' _ _ N !~ ~ ~~ r ~ ~ ~ __ .~ f~ ~ N t r ~~~ . . 0 • 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 ~.j ~ ~ . i,~ _ ~ ~ ` 4 c Z N ~ ~ _ _ ....` l r ~ ~ (D - 10 Q: ~ ~ 1- s10 ~ ~ O _ U 11 n N ti ~ ~' _o . ~ ~ M Q m o r w3nV' Hl OI .y N . - i ~ Q Vl N = ~ ~_ •. fD N ~-- ~ V_ ° u> . 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'~ ~ ~ "~o ~_ ~ C~ w ~~ j 1 C.~ jJ C i N ~ ~ f; .~ }~ I~ ~~~ • 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 i i h ~, _{~ Y ~ o ~ ll.l ~~ 3 ~. N -~~. _ N o O ~• ~ N m ~~ ~ r wand H101 ~'J v `„ .. N ~-- ° ~ ' ~' S h 4a In N ~ . M ~ W ~ ~ ~ ~ _.... _. Ir' ~ M O Q' ~ N ~ Ql _ O ~ Ot l ~ ~ ~ ~ ' N W ~ h~ h N ~M J~aid3n-tOM 'N N qp W ._ r _.~ ` _..__~ W `___I. _._ p ~. N N N N N /~ ~ ~/~ /tc I c~ a ~n r. _ O N ( o ~ m r_ _ .. ,~ ~e .. I ~ N n ~.. N M or a n m c- ~, m ~ rn r r e 'AM 00~3dtl~ N N '~ - ugE CT. rp e a -_ a v~ v m a ~' m h 0, 17 10 ~ M O h -_ OI N h _ po N N ~ ~ Y N N _ fA h VO h M _ _ m o a a'S a a i OO r J N ~1~~ h ~ N ~ W 01 7C ~'' N ~ y N - Z M _ ; .t, Va N V' N ~ ,._.~ v~i ~ or ~ -- m '° ~ Z L MO ~ M N n. C~~ J (~ Y S \ - N N N N Ifl ~ a ~~ ~ v M v .e M ~ ^' o o N Py~~ •~ ~. o L.L. ~ ~ p ~s o •C ~ o q - m s h \ "~ . (~ ~~' ~... 3nv vH3art~.. _ ' 9 r ~ al n~ ~ ._ ~ ~ .~ i 'd• I r': ~ ~ ~ I ' - ' r ~' r, !/ ~ ~ , N "' ~ a ~~ ,f1 ~, , ~ ~Sn' N ^/~. ~ ~ i _ ~ r ~.. « i, «~c ~w : rr .t •' I' ri ~ _ V . o.. - ~ Yl•b 01N~~~ ~ / ~ ~xq9 I a :~ rr ~ "' / ~ ~~a* ,~I ~ O 1 ~ ~', . r r w ( h ~~ era d _ I ~~ ~ ~' ~ t N ~ ~ S f , . ,~ ' ~~ - - - - - ~' .t tl3 r `-- 3nV - i v 3 `^ • f I . ~br~-vv ~ ~ 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-- . ~,.~+: ~.~ :. ~ •~~ e,.... ' r ~~ SEAL ~• ^,° ~"'' -. ~'~, ~"~ • ~;~ 'U B L 's~~~.' ~p••; .,~ ~~F ®®~,,,, ar Public for~aho esi ng at Meridian, Idaho My mmission Expires ANNEXATION ORDINANCE - BILLY QUINN PAGE 5 ~~i 0 Z I 0 z 0 W ° ~ m W Z ~. Z Z~ N ~ ~z O V L ~ W ~o ~ ~ ~ I~ ~ O J~ ~~ 3 I ~~ W ~0 m= ~~ Q I~ Z {~ W I F` Z W H m O y f /I ~\~.I '1i 7 C~ I N ._ EI s Z S N Ob w ~~ VN ~ g Q J 4 ~ 2. 4 Z 1 ` Z W ~ ~ ~ N yy '^ O < ~ ~ j e N ~ Z ~ ~ J 9 ~ ® o • ` ~ ~: .. ~~ ~ - ~8 ~< r ~ ~ ~ ~ = ~.~ ~ }~ ~~ 3 tl ~ ~bS~ ~ ~ tF ~~ ~~ p 4~r~ ~N / 1 d' _~ . ~ pha m W~3~1} y Y .gg 0 ~~~~~~ q °'°~ ~ ~ W aj~~ a W=~. ~ k'~~ W r n3i~a~ . M ~ ::N1r~ia Iii ~ ij ~ 1 . i t ~ ~ 1 +~ o ,~ i ~ . ~ n , g 1 t .,. $~_ i :, ~,- t. 1 • , 1 ~ I it ,1~, . z ' ~ 1 ' W + ~ ; 1 .1 , ' 1 'f : ~ W ~ =.1 1 .1 ~ .i ~ ~~ ._ ~? W! ~ ~ - 2 ~ I J ' .~ ~ , ;~ s m • I •O I . 1 ~ ) ~ ~ .~ + ~; _ ;~ ~.') ~ / ~ I~ ~ ~ T 1 ~~ -~--~-~ ~.y I ~ 1 ~ I ~ _ s ~N ~ 1``11 y • i l ~ ~ yy~ a' 1 . 1 ~ 1 , W ~ 1 . ~ N 1 ~ / t ~~ jl ' ) r ~ MaP .:.~.i IZ .1. . , ~roYi ,1 1 j { rl .1 S ) 1 ' i I G ~ y : ~ ~ ~ 0 ~ +` ~ ~ ; .L ~ ~ + ~ S ~ ~ ~_ ~ a 1 ~ ~ ~ 1 ! ~ ~I . ~ a n ~°• """ '~°`.~ woa Mrww3 =~~ ON~TJr/~R ~~ 518~•-O 3~~ cif _ I ., ss o • a ~iN~ A . _ ,~.i, I e r6 ~ ~s a ~~~$~ O ~ ~ m 1 ~f ~~ h ~o ~ m .. ~~ ~ A ~~ it i ~~& _ • 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: reG~ ~~ c~ u- 1G OTHER: ~~ pr~ ovPro~ ~y'L~I, Q ~Q¢~~~J a,,' o~ ~ ~P ~' o-P ~~~ cif pF~ ~1l e~"~ 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 • • ~~~ a/-s~s afr BEARING ~ ~g~ ~ , CL idERID1AN ROAD soozs~ ,w.,, .!L-.W ~ 231. >% ~ ~.00 ~ m g~ ~ '°°'-s'°''`----r-- -~- -- - - Ili 1~ _ \' ~ ~ ' r C ~ ' • ~ ~''~~ .~ ~ ~~ ~ ~ ~ : 1R V y ~ ~. ~ .. ~ ' . ~ , i ~ ~ ~ ~ ~+ I 1 ~ ~ ~,'BC. or' i i ~~~ i, m`s"a w 1 ' ~ I i ~ -. ~ 1 r-~ _ ~ ~ E N ~'. ~~I ~ ~~ ~ . ~~ ~ ~~ ~ 1 ~ ~ I , ~' 1 ,~ ' s~. ~ - ~~ * , ; ~' ~i^ : m :r a ~ " I ~ m , ~~~~1 mcn5eT--- isso+ ~ ~-~ ~ - 1ia%-.. Z i . ~. ~: ,: ~~ ,~ ~,~ Z ; m ~~ ~h I . 1' i I F c, (` 4g ~ ~I, ~ ~ ~ ,, ~• ~~ ~ , i) } ~r . -~foomar~'t osso ~~' ~ ..-~ `^+ p90>~yl ~ Z V N' ~nTM ~m~ ~ ~~~ '• yyovN co~K ~ ~~gi /'~ ~ ! t . n A9 ~ i C S ~ S@!! -~ O ~~~Fv PI w=~ o $a,~ b u.,, > f t~ • o ® B 6 ~~ ~ ~N C~ ~ ~ p m ` C ,~ ~y~ e ~ gt~Qm .rTi T9rK m au11 ~~ ~A ~ pp p z L~ C ~' o ~ .0 p C 0 p C 0 pp C 0 y? r~jg. ~~ ~ ~ N_~~ ~ - ~ i~ ~ ~ N N g ~ ~ Q • / p m C Ip yyK ~ fyy 02~S ~ m ~ 1~1 O. K ZC I~' ~ ~ ~ ~ N m € N ~ a N~N r' ~ ~~~ _ m ~2 ~ n z ~ ~ O ....7777 a .~ ~ ~o _ . ~ _ .. "'1 -___ ;\ ~n ~f j ~O 0 m D ryS O a o _ ~ ~ C ~~ o O , m '~ C '~ Z ", `Z c A G O I ~r 0 A~ o~ ~ ~ 0 00 ~ ~~ ~ ~C 0 z~'Y, aZ:; W z ~ I~ m 3 D ^^D •J O C Z 0 D I ~~ O I~ .O i 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' ~, ~~~s~~ ~~ 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) '' ~ O ~ USTICK R z N W 2 m F- ~ Z - LVWr1~ ~T W N LAI RE S I .Z. N ~ ~ h09 _ ~` a 1I =1 = O ~ CHATEAU y ~_' ~ . W ~ a ~ FAIRWO D CTD~-~ ~` rn 3 _ C ~ ~ Q~K L. J~ _ 1G = cc''SS ti - 4L SI7~ LUE HERON "OHO OK DR ' CRAMER DR RC J ,I' I. -O ~ rOPW~ z Z r ,,, < _ ~ ~ ~CHERRV PLAZA ~" Si ~:HERRV LN (SHOPPING CTR USTICK RD. ~ ~~ INGS .y F .ING a SWOOG Ci ,OOD A K'A 0 = cF F i ,9 4NDAL OOD T =C NEWPOR ST 'OREV ST DR Z < ST REV AV NOa~MI ~z N RADIAL CT ~ a m O = m vOST j _ In i CT ti YOST AV _ m in MERIDIAN JR ~ - NORTHGATE AV CT s HIGH SCH ~ _ ~ ti, s °L ° ELM Ci _ ~ rn vtA295. W PD ~' y3 ; ~OJ.O ¢~I¢.>~ MEgm O m W 3 < • Q.' 3WG'9gS O ¢ BLUE HERON ST TOURMALINE ST i x ~ ST SAPPHIRE RE J a Z p JOS~HSCH PER in HA EAU DR ST = ~ a Y < AvgO ^ ` o m 0,9 72 G ~ xa ~ MEf WILL K ^'~a al • 9~I pq CLARENE > ST ~ y I RE ~ in DR N 7v W a a a 3 p ~ IR O <, TAMMY U ~, _ ST a ! c~RO: sT FAIRVIEW AV ~ 1 3 NORT m rn w VIEW D h SHOP ~ g D y N '~ N EL AV 2 CROSSBI+L _. _ _ NOTT GRUBER AV a W .I ADO ¢ W KATEL Di T j ~ J o a :'q0p rCHATEAU~3. OCD ST~O'SE c~ D > w a > `~ a rr W o '_- > 8 W Z a ,~ a x ~ fA I O WILSON LN ~. ACRD Commission Date -August 2, 1995 - 12:00 p.m. 7~ ~ n v ~ m "+" W v _ Q _ ~~ ~ ~ f. ~ V V L.~- , V N r` ,l. ~,,,; o o N :,; N °° - o , F W3Ad H101 ~,'3N FF ~. N ~ N RI a' ° Z- n N = ~ w ~ i \, ~ C7 ~L ~ fh ~ ~ Q, ~ ~ 'f/~ I ~1 m ~ N J 1 ~ _n r C N fh O „ N J a ~ ~ ~ N C I 1 - 1j- O1 ~ O ~ N 01 m - O 10 • pl W ~ ~ u ~ ~f` ~ _ I ~ O h ~ N 111 ~~ n ~M ]rila3n'IOM 'N N aD W ~ ~ ~ '3Ad N~lb 1 ry ld N ~ ~ _ _ .D . 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I n ~ / - ~ :N o ~ i V ~ _ + ` ~ / " . ~- ;~ r ~~ _ 1 ~ f ~~ • _ Sn• N ~ ~ rt \ ~~ /• ftl~T 1 • ~ ~ ~ I I r f /a• ~ 111 ~ ~ _'1 - ~ ' I ^R'tl OWN ~I ~ ~ ~ li t- C;.! ~ ~ , f ~ ~l r, w l ;~ '•' .~ ._ __l P . ~ , ~ i 1 i `~ , /. ~ .~ 14 T r • . j ~ ~ ~ a `~' ~, / a~i / ' .~ ~~ ' M .~ ~I T t ~ /~ tY i 0 t^ ~ c~ ~° o ~~ v o ~_ ~ ~ ~ ~ ~ ~° ~ ~ ~` ~ ~_. `~ .i ~ ~ r air L~, a ~ s~. i. ~ i~ ~M \^~/ ~O ~e~_ _~~:. ' ~, '~{-.- 'Z ~~ ~ / /~ 0 ``(~ r ~` ~/ / O o , q~ i ~ ~ ~0 p ~ . ~ o`° ~- i ~, ::. o. ,,, jk b1 ,, ,.I .~'r "~t/ i a; ..,. ~:z Si ~ ~ ~: . !7 .. oc c r . q ~ ~ ^"c ~ , i`a d ~. h ~ ~ ° ~ `9 M !QQ ~ C \ c9 x'66/ .~,:=. ~'~ S -~ obi 'Jd s.. ~T• ~~ (:1 i J,.~ L J (}~ f'~ /~Z V U 4 .Q W r- tL' 2 M r- C~ 2 _/ Q r ~ ~ L R ~ I ~.1 ~ U 1 j ~ Vl L Z z "~" ~ i ^^~ `~~~ ~ ~ `J Z O W ~ .- _1 '~ ~w~us 1~_ ~ cv ~ ~4•~a~ ~ ~ a W ~~ ., .-,l ~ I ~ •~ ,~ ~ ~ ~ ~ .~ -- __ i -- 0 ~ ~ i i i ~~ ~ -- -- ~~ __ ~ • ~ --• - ' ' - .. 1 1 ~'- w ® -~,-~ _~... ~~ ; ., ~ 1 ~ ~ o o' --- I ; _.. ' - I _. , a ~.---...... --~' ~.._ ' . - ~ ---- _ ~ --- d W '~ ~ Z ~ ~ O W F= W _ °W O --~ m z avow rvviaia3w ~/~ Poss,bl~ ~Dn~~ ~`~ ~ ~! F a~ ~; .~. ~~ x~~~ T n • o r.i • 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 1 c ~~ ~~ v 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: ~`I 1. Right-of;-way requ' ent; 2. Road ltnp''~ovem ~, ~~~ }~, .~; .. 3. 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D , GA W ~• ~` TAMMY ~ ~ ST U a ~ w AV AWN : ~ ~ ~CHERRV PLAZA ti'Y 3T W • C~=pL ST < x - DALE ;4ERRV LN ' (SHOPPING CT R FAIRVIEW AV 1 S N N '~ MERIDIAN JR D i ; NORT y W > ~ ~ NORTMGATE AV CT HIGN SCH ~ n = y ; VIEW n D SHOP ~ ~ D O ~ W O _ • W WILSON LN ~M ~ ~ ELM CT L'~ N D N EL AV Z Z CROSSBILL STONEHE ~ • PL ~ ,~s~oc •vnn m =. N ._ - NOTT GRUBER AV q O ACHD Commission Date -August 2, 1995 - 12:00 p.m. ~, ~h' ' `~ ~ v r a !- W a. -_~ o ~ m a c l' ~~ - 'n ~ i V V i ~ N ~ V -. .. ~ ~. h• - ~ g p 1r ;;, N m ~ a ~ r W3nV H101 (~3.'J N ~ y .n Q ~ M ^~~ ~.' 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' - 1 I 1 1 0 ~ ~ ~ / o ~~ ' ~ ~ ----.----------------1----------1 ovoa rvdiaia3w ~/o ~ -----~rw-~ Poss,ble ~~ceyf ~kl ~~ f G ,~ ~; ~c ~~ Trn• 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~._ r. ~~,. ~~~~s. )F ~~1i _~., r~~~ .. ti~.r .~', F ~; s: i f.i ~ r~~: k ~ }~ .<~f {~!r < l ~a ~~ ~y X,~~~~;~. e~ 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 ~. '~~xTa '~s f r ~ » k 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