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HomeMy WebLinkAboutCarmack, David & Becci AZWILLIAM 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 L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • ~ HUB OF TREASURE VALLEY COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA REE ~ L G ENN R. BENTLE 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public WorksBuilding Department (208) 887-2211 KEITH BORUP Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY 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: March 4, 1997 TRANSMITTAL DATE: 1!25/97 HEARING DATE: 3/11/97 REQUEST: AnnexatioNZoning of aaprox. one half acre BY: David ~ Becci Carmack LOCATION OF PROPERTY OR PROJECT: 1705 W. Pine JIM JOHNSON, P/Z MALCOLM MACCOY, P2 JIM SHEARER, P2 GREG OSLUND, P2 KEITH BORUP, P2 BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, CJC WALT MORROW, C/C GLENN BENTLEY, 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. & 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: . ~, CITY OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 Phone: (208) 888-4433 Fax: (208) 887-4813 APPLICATION FOR ANNEXATION AND ZONING OR REZONE PROPOSED NAME OF SUBDIVISION: GENERAL LOCATION: ~7D ~ /~. ~ -' ~ .levy Ot L/7~~~/J~ TYPE (RESIDENTIAL, INDUSTRIAL, COMMERCIAL): ~..(~~/L~~~~'l/~ ACRES OF LAND IN PROPOSED ANNEXATION: ~'~~'~l'OX~%~~Z~1~f'~~~GZ~!1~i PRESENT LAND USE: _ ~'~..~1~~~7~/~'' ,- ~`',, v / U PROPOSED LAND USE: ~//`~ ~ PRESENT ZONING DISTRICT: R' ~ ~l~IJA CD.) PROPOSED ZONING DISTRICT: ~ _ APPLICANT ADDRESS: ~ r ~ PHONE: ENGINEER, .SURVEYOR, OR PLANNER: PHONE: ADDRESS: OWNER(S) ADDRESS: ANNEXATION DESCRIPTION PARCEL I Part of the Northeast quarter Southeast quarter of Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho described as follows: Beginning at a point on the North line of said Northeast quarter Southeast quarter 280 feet West of the Northeast corner of said Northeast quarter Southeast quarter, the REAL POINT OF BEGINNING; thence South 203 feet; thence West 86.62 feet to a point 366.62 feet West of the East line of said Northeast quarter Southeast quarter; thence North 203 feet to a point on the North line of said Northeast quarter Southeast quarter which is 366.62 feet West of the Northeast corner of said Northeast quarter Southeast quarter; thence East along the North line of said Northeast quarter Southeast quarter 86.62 feet to the POINT OF BEGINNING. PARCEL II Part of the Northeast quarter Southeast quarter of Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, described as follows: Beginning at a point on the North line of said Northeast quarter Southeast quarter 366.62 feet West of the Northeast corner of said Northeast quarter Southeast quarter, the REAL POINT OF BEGINNING; thence South 203 feet; thence West 13.38 feet to a point 380.00 feet West of the East line of said Northeast quarter Southeast quarter; thence North 203 feet to a point on the North line of said Northeast quarter Southeast quarter which is 380.00 feet West of the Northeast corner of said Northeast quarter Southeast quarter; thence East along the North line of said Northeast quarter Southeast quarter 13.38 feet to the POINT OF BEGINNING. EXCEPT ditch and Road Rights-of--Way. FURTHER EXCEPT the following described parcel of land: Part of the Northeast quarter Southeast quarter of Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, described as follows: Beginning at a point 124 feet South of the North line of said Northeast quarter Southeast quarter, 280 feet West of the Northeast corner of said Northeast quarter Southeast quarter, the REAL POINT OF BEGINNING; thence South 79 feet; thence West 5.5 feet to a point 285.5 feet West of the East line of said Northeast quarter Southeast quarter; thence North 79 feet to a point 124 feet South of the North line of said Northeast quarter Southeast quarter which is 285.5 feet West of the East line of said Northeast quarter Southeast quarter; thence East 5.5 feet along a line which is 124 feet South of the North line of said Northeast quarter Southeast quarter to the POINT OF BEGINNING. ~d~pL LAN~dD ©~~~5 ~.~~15 TB~~ •p~,.~ ~~ o ~' 7045 ~ ~a 10- I~I-a~' C' ~~~'OF1~~'~ 5 TEEN M~4~ ~ ~/Yl_ H~~~s • 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 7:00 p.m., on March 11, 1997, for the purpose of reviewing and considering the Application of David and Becci Carmack, for annexation and zoning of approximately one-half acre of land located in the NE'/4, SE'/4 of Section 11, T.3N, R.1W, Boise Meridian, Ada County, Idaho, and which property is generally located at 1705 W. Pine. The Application requests a zone of R-2. 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 21 ~ day of February, 1997. WILLIAM G. BERG, JR.,~ I CLERK PUBLISH February 21 and February 28, 1997. ~ ~ 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 May 6, 1997, for the purpose of reviewing and considering the Application of David and Becci Carmack, for annexation and zoning of approximately one-half acre of land located in the NE %4, SE % of Section 11, T.3N, R.1 W, Boise Meridian, Ada County, Idaho, and which property is generally located at 1705 W. Pine. The Application requests a zone of R-2. 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 18th day of April, 1997. WILLIAM G. BERG, J , C CLERK PUBLISH April 18 and April 25, 1997. as c 'a 0 ti r v ea L U • Z ~Gi9~S ,,~.~ m c 'a 0 V Z m c 'a 0 n r m a 0 L a v ca L a Z ~G9~~ U • ~~-a3~~ Addresses fo~roperties within 300 feet of ~OS West Pine 1. John and Arvella Dobaran 6141 Gadwall Lane Boise, ID 83714 2. Lynda Hayward 1775 West Pine Meridian, ID 83642 3. Meridian School District 911 N. Meridian Rd. Meridian, ID 83642 4. Al and Susie Kadel 1616 West Pine Meridian, ID 83642 5. Wayne and Claudia Murray 1625 West Pine Meridian, ID 83642 6. Steven and Linda Eisele 737 N. Linder Meridian, ID 83642 7. Leroy and Ida Fenstermaker 1665 West Pine Meridian, ID 83642 Addresses fo~roperties within 300 feet ofTIIOS West Pine 8. Ken and Gretchen Lambert 1725 West Pine Meridian, ID 83642 9. Clyde L. Dempsey 1680 West Pine Meridian, ID 83642 10. Bill Grau 1927 Cairns Wav Meridian, ID 83642 11. Deanne LaFontaine 791 NW 15th Meridian, ID 83642 12. Edna Porter 771 NW 1 Sth Meridian, ID 83642 13. Lucile Wilkerson 751 NW 15th Meridian, ID 83642 14. Norman and Dorothea Raisch 741 NW 15th Meridian, ID 83642 (18 Parcels within 300 feet of 1705 West Pine-Parcel No. 51211417471 located along Pine and Linder Roads in Meridian) r Meridian City Council May 20, 1997 Page 9 felt that the what it was worded it was sufficient to include the designee such as one Ada County Highway District Commissioner or official, the or official kind of takes place of the or a designee that idea Morrow: I guess then the issue would be do you wish to discuss this further with Mayor Corrie at the strategic planning meeting and therefore table it or do you wish to amend it to include designee Mr. Bentley and press forward? Bentley: I would like to hear what Mayor Corrie's thoughts were on not changing it. Because I have not heard that he was against putting- "or designee" on this. So I then would motion we would table this to June 3~d and then we can take it up at our planning meeting. Rountree: It has been moved and seconded to table item 5, Ordinance #761 Traffic Safety Commission to June 3~d, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: ORDINANCE #762 -DAVID & BECCI CARMACK ANNEXATION: Morrow: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING. AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND SITUATED IN THE NE %4, SE %4 OF SECTION 11, T.3N, R.1 E..BOISE MERIDIAN, ADA COUNTY, IDAHO AND PROVIDING AN EFFECTIVE DATE. Is there anyone in the audience that wishes me to read the ordinance in its entirety? If not is there a motion concerning the ordinance? Rountree: I make a motion that we approve Ordinance #762 with suspension of rules. Tolsma: Second Morrow. You have in your packet two ordinances, one with items C & D and one without items C & D. Which one? Rountree: My motion would be without C & D. Tolsma: Second Morrow. So we are moving and second to approving Ordinance #762 without item C & D, Mr. Crookston? Crookston: What you are doing is you are not removing from Section 2 the paragraphs that are enumerated C & D because there are also paragraphs in both ordinances have a C & D in them. There is no E & F in one of the ordinances. Meridian City Council May 20, 1997 Page 10 Rountree: That being the case if we amend item C does that override the ordinance language? Crookston: What you would do, if you do not want some of the paragraphs and the reason I did it with both A through D and another ordinance with A through F was because of the problem of what is in those. So what you need to do is pass the ordinance that has A through D or A through F. Rountree: I understand the explanation. Morrow: What we would be eliminating with Mr. Rountree's motion would be on page 3, these conditions shall run with. the land and .bind the applicant (inaudible) and Item F would be meet the requirements and conditions of the findings of fact and conclusions of law. Would that be the two that would be stricken? Crookston: No, you are striking paragraphs, as you look at page 3 has A through F, what you are striking is the language in paragraph C & D you are re-lettering then. Bentley: E becomes C, D becomes F. Crookston: That is correct, because I didn't know whether or not you wanted that. The language that is in those paragraphs C & D included or not. Morrow. Is your motion then Mr. Rountree and Mr. Tolsma stand? Rountree: My motion stands with paragraph A through D. Morrow. Roll call vote ROLL CALL VOTE: Bentley -Yea, Rountree Yea, Tolsma -Yea MOTION CARRIED: All Yea ITEM #7: ORDINANCE #763 - A'a LLC ANNEXATION/L-O: Morrow. AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LOCATED IN THE NE '/4 OF THE NE '/4 OF SECTION 17, T.3N, R.1 E, B.M. ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the audience that wishes to Ordinance #763 to be read in its entirety? Is there a motion? Rountree: I move that we approve Ordinance #763 with suspension of rules. Bentley: Second r • ORDINANCE NO. AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF ,LAND SITUATED IN THE NORTHEAST QUARTER, SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; 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: PARCEL I Part of the Northeast quarter Southeast quarter of Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho described as follows: Beginning at a point on the North line of said Northeast quarter Southeast quarter 280 feet West of the Northeast corner of said Northeast quarter Southeast quarter, the REAL POINT OF BEGINNING; thence South 203 feet; thence West 86.62 feet to a point 366.62 feet West of the East line of said Northeast quarter Southeast quarter; thence North 203 feet to a point on the North line of said Northeast quarter Southeast quarter which is 366.62 feet West of the Northeast corner of said Northeast quarter Southeast quarter; thence East along the North line of said Northeast quarter Southeast quarter 86.62 feet to the POINT OF BEGINNING. 7~~~`f~~7~; PARCEL II Part of the Northeast quarter Southeast quart , =G~f~- .~~~~_ ~~~~ Section 11, Township 3 North, Range 1 West, ~oi.ae ~~~ Meridian, Ada County, Idaho, described as follows ~'.', `"~ ' " `' ' ' ~ ' Beginning at a point on the North line of said Northeasti9~ ~~~ ~ quarter Southeast quarter 366.62 feet West of the Northeast corner of said Northeast quarter Soin~l~east`~ ~'~ ~ `' ~~ quarter, the REAL POINT OF BEGINNING; thence South 203 feet; r~~ ~~~_ ~ _ ANNEXATION ORDINANCE - DAVID & BECCI CARMACR Page 1 • thence West 13.38 feet to a point 380.00 feet West of the East line of said Northeast quarter Southeast quarter; thence North 203 feet to a point on the North line of said Northeast quarter Southeast quarter which is 380.00 feet West of the Northeast corner of said Northeast quarter Southeast quarter; thence East along the North line of said Northeast quarter Southeast. quarter 13.38 feet to the POINT OF BEGINNING. EXCEPT ditch and Road Rights-of-Way._ FURTHER EXCEPT. the following described parcel of land: Part of the Northeast quarter Southeast quarter of Section 11, Township 3 North, Range T West, Boise Meridian, Ada County, Idaho, described as follows: Beginning at a point 124 feet South of the North line of said Northeast quarter Southeast quarter, 280 feet West of the Northeast corner of said Northeast quarter Southeast quarter, the REAL POINT OF BEGINNING; thence South 79 feet; thence West 5.5 feet to a point 285.5 feet West of the East line of said Northeast quarter Southeast quarter; thence North 79 feet to a point 124 feet South of the North line of said Northeast quarter Southeast quarter which is 285.5 .feet West of the East line of said Northeast quarter Southeast quarter; thence East 5.5 feet along a line which is 124 feet South of the North line of said Northeast quarter Southeast quarter to the POINT OF BEGINNING. is hereby annexed to the City of Meridian, and is zoned R-3 Residential; if the zoning requirements of the R-3 zone are not followed the property shall be subject to de-annexation; that the Findings of Fact and Conclusions of Law are incorporated herein by reference and requirements are a part of this Ordinance; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as 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: ANNEXATION ORDINANCE - DAVID & BECCI CARMACR Page 2 • • a. That the Applicant for this annexation is required to connect to the 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 these conditions shall run with the land and bind the applicant, the titled owners, and their assigns. d. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law. Section 3. That if Applicant shall fail to meet the above conditions the property shall be subject to de-annexation, which conditions subsequent shall run with the land and also be personal to the owner and Applicant. Section 4 . 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. Section 5. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this ~Q day of d 1997. APPROVED: MAy®RXxXXRQRER'$x$XxQQR&~ WALT MORROW, PRESIDENT - CITY COUNCIL ANNEXATION ORDINANCE - DAVID & BECCI CARMACR Page 3 ATTEST: a a~ ~ ~~ ? ? z z SI~AAL ~.~-~- ~ AM G. ERG, JR. - ITY CLERR ~ ~ ~. STATE OF O,) , ~ County of Ada, ) I, WILLIAM BERG, 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 SITUATED IN THE NORTHEAST QUARTER, SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE", passed as Ordinance No. 2 , by the City Council and Mayor of the City of Meridian, on the 20 day of ~L~ , 1997, as the same appears in my office. DATED this 2 ~ day of ~ Gt ~ , 1997. a~~+++.++++++yr-,,,/~~~ ~b , L ~ ~~•-~ ` yi City Clerk, City o e id~n Ada County, Idaho ~~ 9 t~ ~ ~~~~~tf IN/ I++++~~~,, STATE OF IDAHO,) ss. County of Ada, ) On this ~~ day of ~~y , 1997, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR. known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed 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~.•.,..,-- ,~~+aara~,,,~~,... ,. o ~~.\G E L . ~ ~.,~ SEAL ar ~ ,d ~S'' ~ ~' +, US1 ng at Meridian, Idaho sion Expires : 0 Ooh 9 ANNEXATION ORDINANCE - DAVID & BECCI CARMACR Page 4 r i ~- . ~ .. :. o. .. ,, ;. . ,.. .. Z ~ . zos ~+ Q ~ ~ Z ~~ 5, 2~3~ O ~ Q i ~ ' ~ ..,y ~. 2 . N- ~ s ~. y ,~ j i , ' ~ .~ . t ~ . ~ ~ ~ ~ 1 ~ ~ ' ~' ~ / /~~ I ., ~ o ! o Z ., LiN~Iz #~onr~ oI ,y, ~g~ r'' `'~ ~ ~ K. 203 W ~ N ~°AI~C.EL ='. N 5.203' ~- '~' ~S. l?q ~ m s ~. s `~ ~NEST~.4MlN EsT~+T~s Z m A t m m w ~~~ ~.i ~~ ~~ ~p Meridian City Council May 6, 1997 Page 8 Bowcutt: The last response that we got from the highway district they used to use a formula for each letter in each space based on the width of a sign. They now allow us to have 13 that including letters and spaces. I got a letter to that effect I think late last year. I stated in my response that I will get a .specific letter addressing this verbiage. I would like them to come out and instead of addressing each .time this happens just come out with their new policy statement on how they are dealing with the length of street names. Corrie: Questions of Ms. Bowcutt? Morrow: I have questions of both Gary and Shari, are you satisfied with the response provided in terms of your questions? Stiles: Councilman Morrow, Mayor and Council, I didn't have any separate comments on this proposal in addition to what Bruce had. But I believe they have answered any questions that I had. Morrow. Gary you are fine? Smith: Yes I am Councilman. Morrow. Mr. Mayor, I would move that, we approve the final plat for Salmon Rapids No. 4 subdivision by Farwest Developers subject to all staff, ACRD acid Nampa Meridian conditions of approval. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma to approve the final plat of Salmon Rapids No. 4 Subdivision as stated, any further discussion? Hearing none all those in favor? Opposed? MOTION CARRIED: All Yea ~ ITEM #4: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF APPROXIMATELY ONE HALF ACRE BY DAVID & BECCI CARMACK: Corrie: At this time I will open the public hearing and invite Becci or David or both. David Carmack, 1705 Pine Avenue, Meridian, was sworn by the City Attorney. Carmack: Just briefly we have been working on this annexation, we have a single family dwelling home, 40 year old modest brick home with my wife and several children. About a year ago we started this process having being naive and not known what we are getting into. We are just about ready to give up but we are here tonight to see if we can Meridian City Council May 6, 1997 Page 9 perhaps finalize this and get this going. If not we just want to withdraw it and give up and stay in the county I guess. We got a whole bunch of new things that we have to do from the Ada County Highway District including new driveways, sidewalks, curbs and gutters, this and that. And at this point we are ready to throw our hands up and say we withdraw our motion. We want to see if there is any way we can conclude this tonight. We are not a developer, every letter we get it addresses our developer to do this and the developer to do that. We are just a single family trying to annex into the city. My wife has done the majority of the work I am here basically to support her. She has done almost everything with Shari and others of the City Council. I would be happy to answer any questions. Corrie: Any questions of Council of David? Rountree: Have you read the findings of fact and conclusions that Planning and Zoning prepared. Carmack: I have to admit I have not, my wife has. Rountree: Some folks might have some questions of you. Becci Carmack, 1705 W. Pine, Meridian, was sworn by the City Attorney. Carmack: Thank you Mr. Mayor and Councilmen, we are a little discouraged with this process. It has been a year in just a few days and we are not developers so it has been, being without water for five days was difficult for our family of seven. Going through this process for the last year hasn't been much easier, it has been extremely difficult. I guess tonight what we would like to know is what you would expect from us at this point. As my husband said we just keep receiving things from one organization after another. We have been asked to build a road into our property by the Ada County Highway Department which we have a half an acre, I am not sure why they would like us to build a road next to the side of our property. They say that we should pave our driveways which have been paved for probably 20 years now. We just would like to know your expectations, what more you would want of us. What things we need to do in order to finalize this or to make our portion of the decision. So do you have feedback, could you let us know? Morrow. Mr. Mayor, I guess Becci I have a couple of questions, or basically one question. You say this has been almost a year in the process? Carmack: Yes it has sir. Morrow: Can you tell me a little bit or bring me up, I have read the minutes and the findings and quite candidly I can't understand why this process has taken so long. Can you bring us up to speed? Meridian City Council ~ • May 6, 1997 Page 10 Carmack: I think a significant amount of the process was way late because our application was lost by Planning and Zoning for a period of approximately 5 months. Since we weren't a developer and I didn't nag them, I wasn't sure when I talked to Mr. Ehlert, he said we will let you know when we need something from you and we didn't hear. And finally I did call and I said are we ever going to hear anything about this and he said we lost that. Some of that was due to that being lost. Also a lot of it was due to the fact that we were waiting to find out what was required of us so we would ask and then it would take quite some time before we received .news of what we were to do and to get that process underway. At one point when we were near to giving up before I came in and spoke with Mayor Corrie he said let's see what we can do to expedite this and make this a little bit better. He was very helpful and kind of streamlining the annexation process so that we were able to go ahead with it and I really appreciated that it was very useful. I am not exactly sure the answer to that other than it has been a series of delays in communication between what was expected and what we should do at each point. Morrow. Let me ask you this, my impression here is that this is very simply a half acre lot. Carmack: That is correct. Morrow. That fronts on Linder I am sorry on Pine, west of Linder, it is a home site that all you simply and to do is avail yourself with city facilities. Carmack: Our septic tank is currently fine, we haven't had any problems with it. In the beginning we were told that if there were to be any problems that we would not be allowed to repair them. That is certainly understandable, there is a hook up out front and we knew that from the onset that we wouldn't be allowed to make any repairs that is fine. We did need the water because of a foot valve I believe in the pump went out and then they couldn't pull it, they couldn't pull that out to fix it. So they kept off the well and we didn't have water and we needed the water. When we went through that we are a very small enclave there and they were very encouraging strongly encouraged us to pursue annexation along with getting hooked up rather than to do anything else, that is the recommendation we received from every office we spoke with. Rountree: The same question I asked your husband about the findings of fact and conclusions, that pretty much would state what the expectations were. What are the issues there that you have with those. Carmack: I have gone through that fairly carefully there are a couple of questions that I have. It mentions that we would be expected to hook up to sewer and so our question was that is different then what we have been told previously that we wouldn't be allowed to repair and we would have to hook up to sewer at that time. So I guess one question Meridian City Council May 6, 1997 Page 11 would be when would that be expected of us. I have heard Mr. Smith give testimony in other meetings that you are not exactly out beating the streets for customers, it is not that you need people to be hooked up to that. So I am not sure that you need us to be hooked up and we don't need. that service at this time. So I guess that is one of our questions. The other question is it does say in the conclusions of law at the end that we would be expected to comply with any of the other recommendations sent forth by all of the organizations involved. Which basically is everything else and our mains concerns would be those set forth by Ada County Highway District with regard to sidewalks, gutters, changing our driveway, curbing, etc. Which is number 14, page 10 on the conclusions. Those are our two main concerns. The property exists pretty much as it has for the last 40 years, the home has been there for quite some time. I am not sure what could be done to the property there is really no other place to build on it. There, our area fronting Pine is not wide enough from east to west to do any kind of building there. So there is really no development to be done and we don't have any plans except to live there. So I am not sure what is necessary as far as that goes. Are there other questions? Sometime during this meeting would you let us know what is expected because that would be something that we are certainly interested in. Carmack: My name again is Dave Carmack, are we here to make a decision here tonight or this going to be another meeting where we have to come back again? This is the final decision tonight? When will we know the decision? Morrow. In a few minutes. Corrie: Thank you, anybody else from the public that would like to issue testimony on this annexation? Hearing none, Council discussion, questions of staff? I will close the public hearing. Stiles: Mr. Mayor and Council, I just wanted to let you know, they were immediately hooked up when their septic system or water well failed which was back in May of 1996. Council directed them that as a condition of being hooked up to water they had to be annexed into the City. We received their application in October of 1996. They did, there was some problem with their application that it was misplaced and it was several months and until Mrs. Carmack called we didn't have it put on the agenda and it was finally put on the agenda in March of this year. All of the conditions that are in here are development conditions. Ada County Highway District I thought was pretty specific I think when we had our technical review meeting with them letting them known this is not something that you have to do today, this is something that you will do when further development takes place on your property. When you expand your building, anything like that and that was made very clear. As far as anything else, I know it is a lot to go through for a single family home. But I would just ask that you approve these findings as they are written with the understanding that it will be when the property is developed beyond what it is today. That the annexation ordinance be prepared for the R-3 zoning instead of the R-2 that was originally requested. Meridian City Council May 6, 1997 Page 12 Tolsma: Gary, do you have a problem with not hooking up the sewer to this property until the septic system fails? Smith: I would just follow your direction, the motion that was previously made by Councilman Morrow was that they were to connect to the sewer as soon as possible. So if you want to further define that for me that is fine. We can write it up that way. Tolsma: Well I was just thinking of the problems that we have had being lost and forlorn and the monetary losses that they have already suffered. It might not be too bad to let it ride for awhile until that septic system goes away. Smith: The ordinance requires that anyone within 300 feet of a sewer or water facility is required to connect, that is an ordinance requirement. If you want to, if the Council wants to be specific and vary from that to a future point in time then I guess if our City Attorney says you can do it that way, I don't know. But if that is within your jurisdiction to Morrow: (Inaudible) I made a motion with this issue? Smith: Yes sir Rountree: Back in May Morrow: A year ago (inaudible) Mr. Mayor, I guess the issue is that knowing the facts clearly in my mind this is an issue where bureaucracy has run amuck. I think this is very simply a half acre lot with a single family house on it that had some needs. 1 think that from my perspective I would like to see us approve the annexation. I would like to see the findings amended to reflect that the sewer be hooked up at the time of the failure of the septic system. And that we do away with the ACHD requirements, very candidly future development of a half acre site with an existing single family residential could be nothing more than an addition to the single family residential aspects or the addition of a shop or a garage or something that still continues to service a single family residence. At such time as (inaudible) at that point in time either through LID or water assessment ACHD can get their curb and gutter and sidewalk as types of improvement issues. So it seems to me in this case that this is something that should have been completed some months ago. I think what I want to see happen is that we delete the ACHD findings and we allow the sewer to be hooked upon failure. of septic system or upon sale of the house. (End of Tape) Bentley: (inaudible) sorry for the delay on this whatever all the situations that happened but I would agree, I think we need to resolve this. Meridian City Council May 6, 1997 Page 13 Corrie: I guess I have one question, I apologize for taking so long, I saw the name here and then I saw your face and thought good heavens haven't they got that yet. I remember our conversation. One question counselor, I feel for this whole situation, what is the law? Can we go ahead and do it and just the way that we are planning on doing it? Crookston: No, our ordinance requires that property within 300 feet of sewer or water that any homes connect to that. The only way you can get around that is to have a variance of that requirement. Morrow. What about connection date? Crookston: I would have to look at the ordinance again, I don't recall that it has a set time for performance but the ordinance says that they shall connect. Smith: Fifteen days. Corrie: If I am correct, 1 have a feeling of where we are going with this, we need a variance from them and then we (inaudible) has to go the other way again. Crookston: That is correct. Corrie: I want to do this so that you don't have any problems again. I don't want to, we have gone long enough with this. But I think we had better follow the procedure so it doesn't get tied up if something happens down the road. Crookston: Well I suppose the concern for the Carmack's is how much is it going to cost to obtain the variance just in filing fees and publications and things like that as opposed to how much is it going to cost to connect to the sewer. Which is something they will have to find out and make that decision. But we have ordinances and we are supposed to enforce them. The only way to get around enforcement of sewer and water development ordinances is to request a variance. Corrie: Hearing that Council Morrow: A theoretical question, when the City force annexes by enclave annexation how does the ordinance deal with that? Crookston: In the same fashion. Morrow: So in other words if we have, if we square up the city's boundaries and eliminate enclaves that we are telling those folks by virtue of annexation they have to hook up to sewer and water. Meridian City Council May 6, 1997 Page 14 Crookston: The way our ordinances read now that is correct. Rountree: Well one out of two isn't too bad, we can deal with ACHD. Morrow: That is true, but we can also (inaudible). Bentley: For their information because they are looking on time lines of when we can get this thing resolved. We can resolve the issue of the annexation, we can resolve the issue of ACRD. If they decide to apply for the variance. what time frame are we looking at that to get them trough that? Crookston: You are looking at approximately 30 to 45 days. You only have the one hearing before the City Council, the time line is the publication of the notice and having the City Council hearing. There also has to be findings of fact on (inaudible). Bentley: As a follow up I would like to ask one of the Carmacks what their feelings are whether they would prefer to go with the immediate hook up to the sewer or whether they would want to go for the variance? Carmack: Does anybody have an idea of what it would cost, $1000 or $2000? Morrow. If I might offer a suggestion, part of the variance application we can waive the fees of the application, so what I am suggesting to you and it is certainly up to you is I would go for the variance and ask for a variance hook up until the time the system fails and I would also ask for a waiver of fees for the variance. Carmack: We are not opposed to the sewer idea of hooking up, .we think if and when we ever sell it will be helpful to sell the home. Fifteen days, if it is more than just a couple thousand dollars, we have a little bit in savings but not a lot. Bentley: Would you be open to the suggestion that Councilman Morrow made, can you live with the 45 days to get through the variance? You have waited a year. Morrow: What the issue Mr. Carmack would be is your zoning application, annexation and zoning application is moving forward tonight. Then the option you could have would be asking for a variance from hooking up to the sewer and a variance of the fees thereof. Very likely what is liable to come back from the Council is that you probably get the variance subject to two conditions, either septic system failing at such time that you would hook up to the sewer or upon sale of the house you would hook up to the sewer. Carmack: I guess we have kind of lost our confidence in that it is as simple as you are saying. Morrow. We are now aware of the problem and I apologize. Meridian City Council May 6, 1997 Page 15 Carmack: If we are talking about one more meeting, another 45 days, no more cost to us, does the variance application cost, it was $400 for this application. Bentley: It is talking waiver of fees for it. Crookston: You would apply for a waiver of the fees as part of your variance request if that is what you desire. Carmack: The other option is that we have to hook up within 15 days as Gary has mentioned. If it is $4000 or $5000 we really don't have a choice. Either that or (inaudible) go with the variance then. Corrie: I think that is a good choice (inaudible). Stiles: What is it that you are considering now? Corrie: We are going to do the annexation and zoning now and then I will have them come to you for help. Morrow. Mr. Mayor, I would move that we adopt the amended findings of fact and conclusions of law. The amendment would be to strike the ACHD requirements and to strike the, let me rephrase the motion. I would move that we adopt the findings of fact and conclusions of law and amend them to delete the ACRD requirements for this property and to change the zoning to R-3. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to adopt the findings of fact and conclusions of law and delete the ACHD requirement and also to approve the zoning to an R-3, discussion? Shari was it R-3 or R-2 I am a little confused there? Stiles: It would be an R-3 which is a 12,000 square foot minimum. Corrie: Any further discussion? Roll call vote ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea Corrie: What we need now is to have you meet with Shari, you can start at my office and I will walk you over there. We will get you what you need to do for the variance and how to word it and we will get back here in the next 45 days. I apologize, I didn't realize ~ f Meridian City Council May 6, 1997 Page 16 it was lost. We deal so much with developers we think everybody is a developer and it is time we had a wake up call once in awhile like you. Morrow: Mr. Mayor, we need to adopt a decision also. I would move that the City Council of the City of Meridian approve the annexation and zoning under the conditions set forth in these amended findings of fact and conclusions of law. Bentley: Second Corrie: Motion made by Mr. Morrow, second by Mr. Bentley to approve the decision as given, all those in favor? Opposed? MOTION CARRIED: All Yea Morrow: Mr. Mayor I would move that we instruct the City Attorney to prepare an annexation ordinance. Bentley: Second Corrie: Motion made by Mr. Morrow, second by Mr. Bentley to have the City Attorney draw up the annexation and zoning ordinance, any further discussion? All those in favor? Opposed? . MOTION CARRIED: All Yea ITEM #5: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF APPROXIMATELY ONE ACRE TO R-15 BY LARRY AND KAY HANSEN: Tolsma: Mr. Mayor, I have a conflict in this also. Corrie: I will now open the public hearing. Larry Hansen, 935'/2 West Pine, Meridian, was sworn by the City Attorney. Hansen:. We have the hope of starting a development on a portion of our property. Our property is an acre and it sits off of Pine and it is adjacent to the property that is owned by Lawrence Saunders. It is bordered by that property to the south and to the west. We also own a 40 foot wide driveway that is not part of this development. I have drawn up a preliminary rough draft of what (inaudible) and that would be provided that we had street access brought in by the development posed by Lawrence Saunders we would have a street possibly Idaho running from east to west across our property. That would provide the ability to have two lots and then we would proceed to build duplexes on those two lots.- So the total density on our acre would be R-5. I would like to state that wen we applied for this zoning and annexation we went in and asked for R-8. It was a • MERIDIAN CITY COUNCIL MEETING: Mav 6.1997 APPLICANT: DAVID. ~ BECCI CARMACK ITEM NUMBER; 4 REQUEST: PUBLIC HEARING: REQUEST FOR ANNEX~-TION AND ZONING OF .5 ACRE 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 MINUTES FROM 3-11-97 P 8 Z SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS OTHER: All Materials presented at public mee#ings shall become property of the City of Meridian. WILLIAM G. BERG, JR., Clty Clerk JANICE L. GASS, Clty 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 L. STILES, P & 2 Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY . A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA E CH GLENN R. BENTLEY 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION (208) 888.4433 • FAX (208) 887-4813 Public WorksBuilding Ikpartrnent (208) 887-2211 JIM JOHNSON, Chairman KEITH BORUP Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY 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: March 4. 1997 TRANSMITTAL DATE: 1/25/97 HEARING DATE: 3/11/97 REQUEST: Annexation2onincl of aoarox. one half acre BY: David & Becci Canmack LOCATION OF PROPERTY OR PROJECT: 1705 W. Pine JIM JOHNSON, P2 MALCOLM MACCOY, P2 JIM SHEARER, P2 GREG OSLUND, P2 KEITH BORUP, P2 BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, 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. (PREUM. & FINAL PLAT) U.S. WEST (PREUM. & FINAL PLAT) INTERMOUNTAIN G S (PRELIM. & FINAL PLAT) BUREAU OF REC T (PRE . & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE RE KS: FE8 2 7 199/ CtlY Of ~1~itD1AN _ ~~;.: ;~~' t ~ • ~~ ~ b •z.6. 7 HUB OF TREASURE VALLEY . WILLIAM G. BERG, JR., Clty Clerk JANicE L. GASS, Clty 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 L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Flre Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place ba Live WALT W. MORROW, President CITY OF lYI~RIDIAN RONALD R. TOLSMA EE C GLENN R. BEN S 33 EAST IDAHO MERIDIAN, IDAHO 83642 P i Z COMMISSION (208) 888-4433 • FA% (~) 887.4813 Public Works/Building Dep~ent (208) 887-2211 JIM JIDHNSON, Chairman KEITH BORUP Motor Vehicle/Drivers Lime (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORR~ MALCOLM MACCOY Maycx 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: Wilt Berg, City Clerk by: March 4.1997 TRANSMITTAL DATE: 1/25/97 HEARING DATE: 3/11/97 REQUEST: Annexation2onin4 of aaarox. one half acre BY: David & Becci Carmack LOCATION OF PROPERTY OR PROJECT: 1705 W. Pine JIM JOHNSON, P2 MALCOLM MACCOY, P2 JIM SHEARER, P2 GREG OSLUND, P2 KEITH BORUP, P2 BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, 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 CENTRArt DISTRICT HEALTH NAMPAMERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. 8~ FINAL PLAn U.S. WEST (PRELIM. 8 FINAL PLAT) INTERMOUNTAIN GAS (PRELIM. 8~ FINAL PLAN BUREAU OF RECLAMATION (PRELIM. & FINAL PLAT) CITY FILES OTHER: ~ ~ ~ ~ `CI 7 YOUR CONCISE ARKS: !~ r0 '~~- c ~' i S' N~ X ~ 6 ADA ~UNTY HIGHWAY DIS•ICT Planning and Development Division Development Application Report MA-02-97 1705 Pine Avenue R-1 to R-2 The applicant is requesting annexation from R-1 to R-2. The 0.5-acre site is located on the south side of Pine Avenue, approximately 250-feet west of Linder Road. This development is estimated to generate 20 total additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. ~2EcEwEI~ Roads impacted by this development: Pine Avenue ` ~ i ~ ~~ ~~~ ~ GITY OF lNEi~IAN ACRD Commission Date -March 26, 1997 - 7:00 p.m. m c 'a 0 ti 1 a~ 0 L a Y V L ca U Ez . ' Z ~9~ a~ c a 0 ti r d a 0 L a Y V t4 L ~z • • Z ~~ U • Facts and Findings: A. General Information ' Dave and Becci Carmack -Owner yam, Same -Applicant R-1 -Existing zoning R-2 -Requested zoning 0.5 -Acres n/a -Square feet of existing building 272 -Traffic Analysis Zone (TAZ) West Ada County -Impact Fee' Benefit Zone Western Cities -Impact Fee Assessment District Pine Avenue Collector street with bike lane designation Traffic count 2;536 on 3/21/94 100-feet of frontage 58-feet existing right-of--way (29-feet from centerline) 66-feet required right-of--way (33-feet from centerline) Pine Avenue is improved with 35-feet of pavement with no curb, gutter or sidewalk abutting the site. There is curb, gutter and 5-foot wide sidewalk across from the site. B. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 345-7667 (with file numbers) for details. C. District policy requires the applicant to construct a 5-foot wide concrete sidewalk on Pine Avenue abutting the parcel (approximately 100-feet) prior to issuance of any required permits or District approval of a final plat, whichever occurs first. The sidewalk should be located one-foot within the right-of--way of Pine Avenue. D. The site has two existing driveways on Pine Avenue, located adjacent to the east and west property lines. There are several existing driveways on Pine Avenue that serve the parcels to the north, east and west of the site. All of these driveways are within 150-feet of the subject applicant's driveways. The applicant has 100-feet of frontage on Pine Avenue. District policy requires driveways on Pine Avenue be separated 150-feet. The applicant has insufficient frontage on Pine Avenue to locate two driveways that will comply with District policy. Staff recommends a variance to allow the use of the existing driveways, provided the applicant re-constructs the driveway as a loop driveway. The loop driveway will not be located according to policy but it will eliminate vehicles backing directly onto Pine Avenue. Coordinate the design of the loop driveway for approval by District staff. MA0297.COM Page 2 • • E. District policy states that direct access to arterials and collectors is normally restricted and that the developer shall try to use combined access poufs. In accordance with District policy the applicant should be required to provide a recorded :cross access easement for the parcels to the east and west to use this parcel for access to'~the public streets prior to issuance of a building permit (or other required permits). The District intends°to require a similar agreement of the owners of the parcels to .the east and west if they are the subject of a future development application. F. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with past?action by the District the applicant should be required to pave the driveway 'its full required width of 16-feet to at least 30-feet beyond the edge of pavement of Pine Avenue and install pavement tapers with 15-foot radii abutting the existing roadway edge. G. As required by Dstrictpolicy, restrictions on the width, number and locations of driveways, may be placed:: on future development of this parcel. H. The existing transportation system will be adequate to accommodate the additional traffic generated by this proposed development with the requirements outlined within this report. If the annexation and.rezone are approved and the District receives a development proposal, the District intends to provide the following recommendations, in addition to any additional recommendations that may apply upon District review of future development, to the City of Meridian: Site Specific Requirements: 1. Dedicate 33-feet of right-of--way from the centerline of Pine Avenue abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 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. Construct a 5-foot wide concrete sidewalk on Pine Avenue abutting the parcel. Locate the sidewalk one-foot within the new right-of--way of Pine Avenue. 3. Eliminate one of the driveways or construct a loop driveway. Coordinate the design of the loop driveway for approval by District staff. MA0297.COM Page 3 • • 4. Provide a recorded cross access easement for the parce~is to the east and west to use this parcel for access to the public streets prior to issuance of a building permit (or other required permits). 5. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 6. .Other than the access points specifically approved with this application, direct lot or parcel access to Pine Avenue is prohibited. 3 7. Utility street cuts in the new pavement are not allowed unless approved in writing by the District. Contact Construction Services at 345-7667 (with file number) for details. ;~ Standard Requirements: A request for modifcatian, variance or waiver of any requirement or policy outlined herein shall be made in writing to the 'ACHD Development Services Supervisor. The request shall rgq~Pst shall be submitted to the District no later than 9.00 a m. on the day scheduled for ACRD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Development Services Supervisor within two days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall snecifical~ identifyeach requirement to be reconsidered and include written documentation of data that was not available to the Comrr~ission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. MA0297.COM Page 4 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically' waived'herein. 5. The applicant shall submit revised plans for staff approval',prior to issuance of building permit (or other required permits), which incorporates airy required design changes. 6. 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. ;~' 7. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant'or the applicant's authorized representative and an authorized representative of the A'da County highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 8. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject. property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Conclusion of Law: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Development Services Division at 345-7662. Submitted bv: Date of Commission Action: Development Services Staff MA0297.COM Page 5 CENTRAL C •• DISTRICT ~1'HEALTH DEPARTMENT Rezone # Conditional Use # DISTRICT HEALTH DEPARI~°fENT Environmental Health Division urinary /Final /Short Plat ~~ oNE,~,q-/f~ ae~..P . Return to: ^ Boise ^ Eagle ^ 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 ^ community sewage system ^ community water well ^ interim sewage ^ central water ^ individual sewage ^ individual water ^ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water ^ I o. 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 q- ^ beverage establishment ^ grocery store ~ / ~./q 15. c.-o~t/N~c::r~~.J t71//.~I~-j.l vim//C! sz~.. 5~1~/~72 Date: ~ (( cS' ~ u ~ Go M p LETE7J , _ Reviewed By: Review Sheet CDHD 10/91 rcb, rcr. I/95 • • OFFICIALS . HUB OF TREASURE VALLEY ~ COUNCIL MEMBERS WILLIAM G. BERG, JR., Clty Clerk A Good P18Ce t0 Live WALT W. MORROW, President JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E., City Engineer RONALD R. TOLSMA E CITY OF MERIDIAN C BRUCE D. STUART, Water Works Supt. JOHN T SHAWCROFT, Waste Water Supt. GLENN R. BENTLEY 33 EAST IDAHO DENNIS J. SUMMERS, Parks Supt. ~j ~ ~ ~ SHARI L. STILES, P & 2 Administrator MERIDIAN, IDAHO 83642 V ~tS81Q~t PATTY A. WOLFKIEL, DMV Supervisor (208) 888.4433 • FA% (208) 887-4813 JIM J NSON Chairman KENNETH W. BOWERS, Flre Chief W.L. "BILL" GORDON, Police Chief , Public WottCS/Building Deportment (208) 887-2211 ~ ~ KEITH BORUP Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER WAYNE G. CROOKSTON, JR., Attorney GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayes NAM~'~ & M~PIDIA N IRRlCA1"IQI'V DIS7~fCT 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 Sr Zoning Comrr>I'sssion, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: March 4. 1997 TRANSMITTAL DATE: 1/25!97 HEARING DATE: 3/11/97 REQUEST: Annexation2onin4 of aaarox. one half acre BY: David 8~ Becci Carmack LOCATION OF PROPERTY OR PROJECT: 1705 W. Pine JIM JOHNSON, P2 MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, PIZ MERIDIAN POST OFFICE (PRELIM. ~ FINAL PLAT) JIM SHEARER, P2 ADA COUNTY HIGHWAY DISTRICT GREG OSLUND, P2 ADA PLANNING ASSOCIATION KEITH BORUP, P2 CENTRAL DISTRICT HEALTH BOB CORRIE, MAYOR ~NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT CHARLIE ROUNTREE, C/C IDAHO POWER CO. (PRELd1A. ~ FINAL PLAT) WALT MORROW, C/C U.S. WEST (PRELIM. ~ FINAL PLAT) GLENN BENTLEY, C1C INTERMOUNTAIN GAS (PRELIM. & FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION (PRELIM. 8 FINAL PLAT) SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: POLICE DEPARTMENT CITY ATTORNEY DEAR COMMISSIONERS: CITY ENGINEER CITY PLANNER THE NAMPA & MERIDIAN IRRIGATION DISTRICT HAS NO COMMENT ON THE ABOVE REFERENC ED APPLICATION. << BILL HENSON. ASST. WATER SUPERINTENDENT NAMPA & MERIDIAN IRRIGATION DISTRICT -1 f' ~, Meridian Planning & Zoni• Commission • April 8, 1997 Page 7 Johnson: Anyone else? We need a motion for approval Borup: Mr. Chairman, I move the Planning and Zoning Commission of the City of Meridian hereby adopts and approves these findings of fact and conclusions of law. MacCoy: Second Johnson: Moved and seconded for approval, roll call vote. ROLL CALL VOTE: Borup -Yea, Oslund -Yea, MacCoy -Yea, Manning -Yea MOTION CARRIED: All Yea Johnson: Recommendation for the City Council Borup: The Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law or similar conditions as found justified and appropriate by the City Council. And that the property be required to meet the water and sewer requirements, fire and life safety codes, uniform fire code, parking, paving and landscape requirements and all ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the applicant by the City. MacCoy: Second Johnson: A motion and second, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF ONE HALF ACRE TO R-2 BY DAVID AND BECCI CARMAC K: Johnson: ,Questions or comments concerning item 5? Borup: I have a couple of questions. On Page 10, item 16, pressurized irrigation needs to be installed. Is this something we are requiring for an existing property like this? Johnson: I can't answer that, it sounds like that is something that is boiler plate in there. What would be your comment on that Mr. Smith? • • Meridian Planning & Zoning Commission April 8, 1997 Page 8 Smith: Mr. Chairman I think that you are probably right, it is a standard comment. In this particular case, this is a residential lot and I believe they have flood irrigation on that property right now. Borup: Which would also tie into 15 which says it would also need to be tiled. I question whether that is also necessary. I thought these were normally statements for new construction. Then item 17, I thought we discussed this last time and maybe I was still unclear. That was the matter of hooking up to City sewer. Which again is the normal requirement to do both. I believe Mr. Smith stated one of the reasons for doing both sewer and water because the sewer bill is determined by the water usage. Which would not necessarily apply in this case. Looking back (inaudible) I couldn't tell what was decided for sure. I thought it was decided that they could hook up later on when their system fails or any time prior to that if they desire. Johnson: I remember comments to that effect, Mr. Smith? Smith: Mr. Chairman I think there were comments made to that effect. I pointed out to City Attorney Crookston after the meeting that in May of 1996 and this wasn't brought up at that meeting but in May 1996 the Meridian City Council allowed this property to proceed with the water connection. 1 will read the motion that was made by Councilman Morrow, "Mr. Mayor I would move that we allow the hook up to the Carmack's family for a one water hook up fee and that the annexation proceed and that the sewer hook up be done as quickly as possible." So that was part of the motion that was made by Councilman Morrow to allow them to connect to water. Borup: (Inaudible) at the time that the other was agreed, that was all part of the same agreement. Johnson: The original agreement. Smith: Yes, I am sorry that wasn't brought up in the last meeting but that was a matter of record. Johnson: Any other comments? Oslund: Is there any., I didn't see in here in the findings, was there any testimony given on how long that septic system that they are using now has been operating? (Inaudible) they are saying apparently testimony is saying here is that the applicant would be willing to hook up to the sewer .when their: system was no longer workable or usable. I am trying to get an idea of when that might be. Borup: (Inaudible) MacCoy: They didn't give any times though. • • Meridian Planning & Zoning Commission April 8, 1997 Page 9 Johnson: It was said as soon as possible. Smith: Mr. Chairman, I think if the applicant wants to do something different than what the motion was from the City Council they will need to petition the City Council to get that changed. Typically we have not pursued property connections to City sewer that are within the City limits just because we have lots of customers and we don't have that much extra space. But the ordinance does say that we can require the connection. Oslund: The motion by Council was that it be done as soon as possible is that right? Smith: That is correct. Oslund: That is fairly vague. Smith: Well that was May of 1996, we are approaching one year, as soon as possible I think they have stretched it out. Borup: I would think that would be appropriate to pass that on to City Council they are the ones that made the motion and if they want to modify it, it should be up to them. Mr. Chairman, I move that the Planning and Zoand conclusions of Iawltwn'th therexcept on of adopts and approves these. findings of fac paragraph 15 and 16, my motion would be to delete those two paragraphs. MacCoy: Second Johnson: Motion and a second to approve the findings of fact and conclusions of law as amended by Commissioner Borup s motion, roll call vote. ROLL CALL VOTE: Borup -Yea, Oslund -Yea, MacCoy -Yea, Manning -Yea MOTION CARRIED: All Yea Johnson: Any decision or recommendation? Borup: I recommend the Planning and Zoning Commission hereby recommends the property set forth in this application be approved by the City Council for annexation and zoning under the conditions set forth in these findings of fact and conclusions of law. And that if the applicant's are not agreeable with these findings of fact and conclusions of law the property should not be annexed. MacCoy: Second Johnson: Motion and a second to pass the recommendation onto City Council as read, all those in favor? Opposed? • Meridian Planning & Zoning Commission April 8, 1997 Page 10 MOTION CARRIED: All Yea ITEM #6: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF APPROXIMATELY ONE ACRE TO R-15 BY LARRY AND KAY HANSEN: Johnson: Any discussion regarding this document? MacCoy: I guess my comment is just a general comment to staff, I thought this was (inaudible) I thought staff did a good job in recording this and making some sense (inaudible). Johnson: To moves things along. MacCoy: Mr. Chairman, I recommend that the City of Meridian hereby adopts and approves. law. Planning and Zoning Commission of the these findings of fact and conclusions of Oslund: Second Johnson: Motion and a second to approve the findings as written and prepared, roll call vote. ROLL CALL VOTE: Borup - Oslund -Yea, MacCoy -Yea, Manning -Yea MOTION CARRIED: All Yea MacCoy: Mr. Chairman, the Planning and Zoning Commission hereby recommends that the property set forth in the application be approved by the City Council for annexation and zoning with the conditions set forth in these findings of fact and conclusions of law. Including that the applicant and their successors, interest, assigns, heirs, executors or personal representatives enter into a development agreement. That the property only be developed under the conditional use process. Upon annexation (inaudible) the development of the property shall be restricted to a minimum of 2 family dwellings, better known as duplexes at a density not to exceed 8 dwelling units per acre. If the applicant's are not agreeable with these findings of fact and conclusions of law and are not agreeable with entering into the development agreement the property should not be annexed. Johnson: Motion and a second to approve the findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea Meridian Planning & Z~g Commission March 11, 1997 Page 40 MacCoy: Mr. Chairman, I move we have the attorney prepare findings of fact and conclusions of law for this project. Borup: Second MacCoy: Moved and seconded we have the City Attorney prepare findings of fact and conclusions of law on the request for a conditional use permit for professional office buildings by A'a LLC, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #14: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF APPROX. ONE HALF ACRE TO R-2 BY DAVID AND BECCI CARMACK: Johnson: I will now open the public hearing and invite the applicant or the applicant's representative to address the Commission. Becci Carmack, 1705 West Pine, Meridian, was sworn by the City Attorney. Carmack: Well I am going to be awFully boring in comparison to all of this excitement. It has been pretty educational to be here. Unlike all of the other applicant's and it looks like the requests that normally come before this body, this is not a commercial project this is nothing to do with monetary gain and we are not going to be compensated for our expenses in any way as are the other people that you have heard from tonight. So I would like to ask you to keep that in mind as you make considerations about what will happen on our property. This is all as a result, just a little brief history, we have lived at this residence for almost 14 years now and it has been there in its current condition for longer than I have been alive. The house has been there and the property has been there it has not changed in that time. We have been a part of the County, we have been on our own water system and our septic system during that time period. Last May our well decided it had had enough I guess (End of Tape) water for five days with seven people in our family was an experience that I hope you all miss. Anyway at that time we had to have another water source, we made application to the City. We received some very strong encouragement from the City at that time the water department and also the office of the City Engineer that led us to believe that we should pursue annexation at that point and we did. It has been an interesting thing, because you are so busy with other things and because this is not the norm somehow our application was fot for about 5 months. So we have just kind of been waiting around to see what happened. Only this afternoon did I receive anything from Planning and Zoning about comments or anything. I got this when I got home from work today, so I have just barely had an opportunity to look at it myself. I don't see that there are any real problems. But I surprised to see on here that the comment that we, one condition might possibly be that we be asked to hook up to the Meridian sewer. As we have discussed this, in fact I even met with Mayor Corrie at one point about it, we were told Meridian Planning & Z~ng Commission • March 11, 1997 Page 41 that should anything happen to our septic system we would not be allow to repair that we would have to hook up to sewer at that time. That is certainly understandable and I have no problem with that. However, having to hook up to that immediately from what Mr. Smith said earlier is not necessarily a requirement but could be asked of us according to the City ordinance. I believe that is what he just stated in the previous testimony. So I would just ask that it continue to be as we have been lead to believe and that is if we do have a problem that obviously we would hook up to the sewer it is convenient, it _is out front. And we would do it at that time. The only other question that I have is also in the comments that we received from the City someone suggested that we be an R-3 zoning rather than R-2 I believe that was by Mr. Freckleton and Ms. Stiles. I am not sure what that would entail I don't see how the property could change from what it is, there is no building that could be done on this property. There is no place to put any other residences or anywhere. There is no frontage there is no way that anything can be built on there to change it. So I don't know you would have to educate me about why that should be changed. Those are the only two comments, I would hope that we would be allowed to go ahead with it on the basis of those considerations. Do you have any questions that you need to ask of me? Johnson: Any questions of the applicant at this point? MacCoy: Well you have answered some of my questions already. I also will pass along, I can well imagine minus the water situation. My daughter went through that this year (inaudible) family and no water. Carmack: It was real interesting. MacCoy: That is what she said. You have already stated that you have no problem with any of these things, I at this moment say I am satisfied. Borup: One of the questions I had I think you answered and that was the time frame. So you said you did make application 5 months ago initially? Carmack: When this happened, actually it is kind of a long story I am not sure you really want to hear all of it. Borup: Not really Carmack: Anyway they lost the application last fall and it has been in a file somewhere according to Mr. Ehlert who works with Mrs. Stiles and finally. They told us they would contact us and I didn't want to nag them but I finally ended up calling and saying what is going on. (Inaudible) try to follow up on this. So that is what happened. Borup: I think her comment on the R-3 zoning was R-2 requires minimum of 1800 square feet and you are just a little bit under that. Meridian Planning & Z~g Commission March 11, 1997 Page 42 Carmack: We are close to that but not quite. Borup: I think that was the only reason for that statement. Johnson: So you have no problem is we zone it R-3 as opposed to R-2 right? Carmack: I don't, I don't see that there is any difference. Johnson: Anyone else? Gary could you clarify that statement regarding a requirement or lack there of to hook up to sewer. Smith: Mr. Chairman, Commission members that is just a standard comment that we make for these projects that generally hook to water, we require that they hook to sewer at the same time. It is the same comment that was made for Builders Masonry products or Builders Marketplace when they requested to connect to sewer, we requested that they also hook to water. In that particular case we needed the water measurements in order to make the assessments for sewer. IN this case we wouldn't need to make that connection in order to bill for water because a meter will be installed or has been installed. Carmack: It has been installed and we have been paying water bills since last May Smith: May l ask a question while we are here. Did you pay a double assessment fee because you are in the County? Carmack: No we did not, because the agreement was made and .we did appear before the City Council and received a waiver for that because we had been advised that we should. I think in retrospect they were trying to get rid of the enclaves, we are a very tiny enclave and I think that they saw that as an opportunity to get rid of us as an enclave. Took advantage of our crisis to do it. So that was the impetus for that. And probably it will serve us well in the long run. Smith: They could have done that without the crisis. Carmack: Probably so, but then you would have had to bear the expense or at least part of it. Johnson: Thank you, this is a public hearing, anyone else want to testify? Seeing none I will close the public hearing at this time. MacCoy: Mr. Chairman, I move we have the City Attorney prepare findings of fact and conclusions of law for this project. ~ ~ + Meridian Planning & Z~ng Commission March 11, 1997 Page 43 Borup: Second Johnson: All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #15: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF APPROX. ONE ACRE TO R-15 BY LARRY AND KAY HANSEN: Johnson: I will now open this public hearing and ask the applicant to come forward or the applicant's representative. Larry Hansen, 935'/ West Pine, Meridian, was sworn by the City Attorney. Hansen: I guess I would like to open by saying that my property is bordered by a property that is owned by Lawrence Saunders. I intend if this is approved to work in conjunction or in cooperation with him to execute a development consisting of duplexes and his intention last time we spoke was the extension of Idaho Street directly westward. It would intersect our property boundary, the east boundary that we own and continue on through our property and terminate somewhere on the western boundary of our property. Services such as sewer, water and the like would be brought through on Idaho. I have received in red the conditions and have read all of them. Johnson: Thank you, any questions of the applicant? Borup: Just on the I think it is item 6 on the comments but in reference to you access to Pine Street, have you discussed that with ACHD at all as far as what they would require or would that need to be a private road? Hansen: I haven't discussed that with them, I don't believe it is feasible just due to the fact that access would come within about 10 feet of my front door. So if Pine Street were brought through, we own a 40 foot section that is our driveway and our driveway cuts right close to our front door. So if that were used say for the purpose of 9`h street which connected with Idaho it would probably conflict with our house. (Inaudible) Borup: So you didn't have any intention of tying. access to Pine Street then? Hansen: I don't have any intention I realize that would be desirable but I don't know if it is feasible. MacCoy: Have you received the staff comments? Hansen: Yes I have WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, 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 L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • COUNCIL MEMB S HUB OF TREASURE VALLEY ER A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA REE C GLENN R. BENTLE 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public WorksBuilding Department (208) 887-2211 TIM HEPPER Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor TO: Planning & Zonir~ Commission, Mayor & Council FROM: Bruce Freckleton, Assistant to City Engineer Shari Stiles, P&Z Administrator ~-~ DATE: March 6, 1997 SUBJECT: Request for Annexation and Zoning of 0.5 Acre to R-2 by David & Becci Carmack This annexation request is a result of well failure on the property and the applicant's need to hook up to City water. The City agreed to allow the emergency hookup provided annexation was initiated and completed by the Applicant. This was done in May of 1996. Following are comments to be considered during your review of this project: 1. This request for annexation and zoning of R-2 would appear to be compatible with the surrounding uses. The property to the north, south and east is zoned R-4, with the property on the western boundary zoned R-1 in Ada County. A request of R-4, because of the size of the property, could cause a higher property tax assessment due to the site's ability to be subdivided. It would appear that the minimum lot size of 18,000 square feet will not be met by this property (0.408 acre}. Perhaps the R-3 zoning, with a minimum lot size of 12,000 square feet, would be a more appropriate zone. This change would not be significant and would not require a new hearing. 2. Issuance of any future building permits would be contingent upon meeting the conditions of the R-3 zone. 3. 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 irrigation. 5. Sanitary sewer can be provided via a line in Pine Street. The Applicant will be required to pay applicable assessments and hook up to sewer service upon annexation per Meridian City Ordinance. Water has been provided via a line in Pine Street. C~ • BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION DAVID AND BECCI CARMACK APPLICATION FOR ANNEXATION AND ZONING 1705 W. PINE WEST OF CINDER ROAD, SOUTH OF PINE STREET MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for public hearing on March 11, 1997, at the hour of 7:00 o'clock p.m., one of the applicants, Becci Carmack, appearing in person, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for March 11, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the March 11, 1997, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. The property included in the application for annexation and zoning is described in the application, and by this reference FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. CARMACK • is incorporated herein as if set forth in full. The property is approximately one-half acre in size. 3. The applicants are the owners of record of the property. 4. On May 21, 1996, the applicants made a request to the City of Meridian to hook up to City water. Upon motion and unanimous vote of the City Council, the City granted the applicants' request to hook up to City water for a one water hook up fee, and requiring the applicants to proceed with annexation of the property, and to hook up to City sewer as quickly as possible. 5. The property is presently zoned by Ada County as R1 Estate Residential Zone, and is presently used as a residence by the applicants. The applicants request the property be zoned (R- 2), Rural Low Density Residential District. 6. The applicants do not intend to change the use of the property. 7 . The DrODBrtV iS 1[]Cafi[?rl wASZt of T.i nrlar Rnar~ and arl-i~~.on+ to Pine Street. 8. The Ada County Highway District has or may submit comments, and such comments are hereby incorporated herein as if set forth in full or shall be incorporated herein as if set forth in full when submitted. 9. Bruce Freckleton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator, submitted comments which comments are incorporated herein as if set forth in full. Their comments included the following. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. CARMACK • • a. This annexation request is a result of well failure on the property and the applicants' need to connect up to City water. In or about May of 1996, the City agreed to allow the emergency hookup provided annexation was initiated and completed by the applicants. b. This request for annexation and zoning of R-2 would appear to be .compatible with the surrounding uses. The properties to the north, south and east are zoned R-4, with the property on the western boundary zoned R-1 in Ada County. A request of R-4, because of the size of the property, could cause a higher property tax assessment due to .the property's ability to be subdivided. It appears that the minimum lot size of 18,000 square feet will not be met by this property (0.408 [acres in size]) . Perhaps a zoning of (R-3) Rural Medium Density Residential District, which requires a minimum lot size of 12,000 square feet, would be a more appropriate zone. This change would not be significant and would not require a new hearing. c. Issuance of any future building permits would be contingent upon meeting the conditions of the R-3 zone. d. 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. e. 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. f. Sanitary sewer can be provided via a line in Pine Street. The Applicant will be required to pay applicable assessments, and hook up to sewer service upon annexation per Meridian City Ordinance. Water has been provided via a line in Pine Street. 10. The Meridian Fire Department and the Meridian City Police Department submitted comments, which respective comments are incorporated herein as if set forth in full. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. CARMACK • 11. Central District Health Department submitted comments which comments are incorporated herein as if set forth in full; connection to Meridian municipal .sewer should be completed. 12. The Nampa & Meridian Irrigation District submitted comments, which comments are hereby incorporated herein as if set forth in full. 13. Becci Carmack, one of the applicants, testified substantially as follows. This application is not the result of a commercial project or monetary gain. The applicants will receive no compensation for their expenses. The applicants have resided at the property for approximately 14 years. The house and property have not changed since they have owned the premises. The property has had its own water system and septic system, until May of 1996. In May of 1996, the well went out and could not be repaired. The applicants were without water for five days. For.the purpose of securing. another water source, the applicants requested to hook up to City water. The applicants received encouragement from City staff to pursue annexation of the property into the City of Meridian, and they did pursue annexation. Their application was apparently lost for approximately five months. They have been waiting to see what would occur with their application. They received the comments from City staff on the evening of this hearing. They do not perceive any real problems with the comments, other than the requirement of connecting to City sewer. They have no problem hooking up to City sewer when their septic system no longer functions; however, they do not want to hook up until such FINDINGS OF. FACT AND CONCLUSIONS OF LAW - Page 4. CARMACK • • time. She requested that they not have to hook up to City sewer until their septic system fails. She also questioned the suggestion in the comments of City staff that the zoning of the property be R-3 rather than R-2. She does not .know what the different zoning classification would entail.. There exists no location on the property to construct another residence or to construct other structures. 14. Commissioner Borup commented that the comment on the R-3 - zoning of the property rather than R-2 related to the minimum square footage required for the R-2 zoning and that the size of applicants' property does not meet minimum square footage requirements for R-2 zoning. In response, Becci Carmack substantially stated that the size of the property is close but not quite the size. 15. In response to a question of Chairman .Johnson, Becci Carmack testified that she has no problem with an R-3 zoning of the property rather than an R-2 zoning; she does not perceive any difference. 16. In response to a request for clarification by Chairman Johnson, the City Engineer, Gary Smith, stated substantially as follows . As a standard comment, the City requires a hook up to City sewer at the same time there is a hook up to City water. It is a comment which is made in response to similar applications. 17. In response to a question of the City Engineer, Gary Smith, Becci Carmack further testified substantially as follows. Although the property had not been annexed into the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. CARMACK • Meridian, they did not pay a double assessment fee when they connected to City water, such requirement was waived. 18. There were no other comments by the public regarding this application. 19. The property requested to be annexed is presently included within the Meridian Urban Service. Planning Area (U.S.P.A.) as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan and in the Meridian Area of Impact. 20. The property can presently be physically serviced with City sewer and water if the applicant constructs and installs the necessary equipment and facilities. 21. The property is in an area designated on the Generalized Land Use Map of the Meridian Comprehensive Plan as existing urban. In the Comprehensive Plan property inside the Urban Service Planning Area may be developed at greater densities than one dwelling. unit per acre. 22. The R-2, Rural Low Density Residential District is described in the Zoning and Development Ordinance; 11-2-408 B. 1 as follows: (R-21 Rural Low Density Residential District: The purpose of the (R-2) District is to permit the establishment of rural low density single-family dwellings, and to delineate those areas where predominately rural residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of rural residential areas by prohibiting the intrusion of incompatible non-residential uses. The (R-2) District allows for a maximum of two (2) dwelling units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. CARMACK • C~ 23. Pursuant to the Zoning and Development Ordinance, 11-2- 410 A, the minimum lot area in the (R-2) Rural Low Density Residential District shall be 18,.000 square feet. 24. The R-3, Rural Medium Density Residential District is described in the Zoning and Development Ordinance, 11-2-408 B. 2 as follows: _(R-3) Rural Medium Density Residential District: The purpose of the (R-3) District is to permit the establishment of rural medium density single-family dwellings, and to delineate those areas where predominately medium density rural residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of the medium density rural residential areas by prohibiting the intrusion of incompatible non- residential uses. The (R-3) District allows for a maximum of three ( 3 ) dwelling units per acre and requires connection. to the Municipal Water and Sewer systems of the City of Meridian. 25. Pursuant to the Zoning and Development Ordinance, 11-2- 410 A, the minimum lot area in the (R-3) Rural Medium Density Residential District shall be 12,000 square feet.. 26. The following pertinent statement is made in the Meridian Comprehensive Plan under LAND USE, "2. RESIDENTIAL POLICIES 2.1U Support a variety of residential categories (urban, rural, single- family, multi-family, townhouses, duplexes, apartments, condominiums etc.) for the purpose of providing the City with a range of affordable housing opportunities." COMPREHENSIVE PLAN CITY OF MERIDIAN at page 23. 27. Section 11-9-605 M of the Zoning and Development Ordinance provides in part: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. CARMACK • All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous, or which canals, ditches or laterals touch either or both sides of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent in ability to detour access to said ditch, lateral or canal. 28. Proper notice was given as required by law and all procedures before the Planning and Zoning Commission were given and followed. CONCLUSIONS OF LAW 1. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicants' property.. 2. The City of Meridian has authority to annex land pursuant to Idaho Code Section 50-222 and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian. .The exercise of the City's annexation authority is a legislative function. 3. The Planning and Zoning commission has judged this annexation and zoning application under Idaho Code Section 50-222, Title 67, Chapter 65, Idaho Code, Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it may take judicial notice. 4. There has been compliance with all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. CARMACK • 5. The Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. The land within the proposed annexation is contiguous to the present city limits of .the City of Meridian, .and the annexation would not be a shoestring annexation. 7. As a requirement of the City's grant of the Applicants' request to connect to City water, the applicants have pursued the annexation of the property. 8. As the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d. 1075 (1983). 9. The annexed land, if annexed, and the development thereof shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 11-9-606 B 8. which pertains to the connection of City water and sewer; Section 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B 14., which pertains to pressurized irrigation systems. 10. The use and the development of the property shall be subject to and controlled by the Zoning and Development Ordinance of the City of Meridian. 11. As the square footage of the property does not meet the minimum lot area required in the (R-2) Rural Low Density FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. CARMACK ! • Residential District pursuant to 11-2-410 A, but meets the minimum lot area required in the (R-3) Rural Medium Density Residential District, and the applicants have no objection to an (R-3) zoning district of the property, it is concluded that the property should be annexed and zoned (R-3) Rural Medium Density Residential District. 12. The zoning of the property as an (R-3) Rural Medium Density Residential District would be compatible to the surrounding area. 13. It is therefore concluded that the annexing and zoning of the property is in the best interest of the City of Meridian, and it is concluded that the annexation shall be conditioned upon meeting the requirements of these Findings of Fact and Conclusions of Law and if they are not met the property may be de-annexed. 14. The requirements o.f the Meridian City Engineer, Meridian Planning. and Zoning Administrator, Central District Health Department, the Nampa & Meridian Irrigation District and other governmental agencies shall be met, and if not 'met the property shall be subject to de-annexation. 15. All ditches, canals, and waterways shall as a condition of annexation__an --' tiled, the property shall be subj. ct~'~ de-annexation. ~- ~66 _Pressurized irrigation__.~s~ha~l a installed and constructed, and,;,if _=not so roperty shall be subject to de-annexation . '"---._,.._ --____ FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. CARMACK • • 17. The Applicant shall be required to connect the property to City water and sewer, extend the water and sewer lines to serve the property, and resolve how the, water and sewer mains will serve the property, all of which shall be at the applicants', or their successor's, or successors' cost and expense. Said water and sewer requirements shall be performed immediately. 18. These conditions shall run with the land and bind the applicants and their successors in interest, assigns, heirs, executors or personal representatives. 19. With compliance of the conditions and requirements contained herein, the annexation and zoning of the property as (R- 3) Rural Medium Density Residential District would be in the best interest of the City of Meridian. 20. If these conditions of approval are not met, the property shall not be annexed or if already annexed, it shall be de-annexed. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Planning and Zoning Commission of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions of Law. ROLL CALL COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER CHAIRMAN JOH] BORUP OSLUND MACCOY MANNING VSON (TIE BREAKER) VOTED VOTED VOTED ~~ ~~ ~ VOTED VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. CARMACK • • DECISION AND RECOMMENDATION The Planning and Zoning Commission hereby recommends that the property set forth in the application be approved by the City Council for annexation and zoning under the conditions set forth in these Findings of Fact and Conclusions of Law; that if the applicants are not agreeable with these Findings of Fact and Conclusions of Law, the property should not be annexed. MOTION: ~~~ APPROVED• DISAPPROVED: FINDINGS OF .FACT AND CONCLUSIONS OF LAW - Page 12. CARMACK n U APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions of Law on this ~ ~ ~ day of , 199 COUNCILMAN MORROW COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN TOLSMA MAYOR CORRIE (TIE BREAKER) (INITIAL) APPROVED VOTED VOTED c . VOTED ^~ VOTED VOTED DfSAPPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW - ~ TJ ~o Pcc-~ ~~~a • • MERIDIAN PLANNING & ZONING COMMISSION MEETING: Aaril 8 1997 APPLICANT: DAVID 8~ BECCI CARMACK AGENDA ITEM NUMBER: 5 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION/ZONING TO R-2 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 4 cl" ~~~~~ 7 ,`4~` c ~ rE~ ~~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Meridian Planning & Z~g Commission March 11, 1997 Page 40 MacCoy: Mr. Chairman, I move we have the attorney prepare findings of fact and conclusions of law for this project. Borup: Second MacCoy: Moved and seconded we have the City Attorney prepare findings of fact and conclusions of law on the request for a conditional use permit for professional office buildings by A'a LLC, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #14: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF APPROX. ONE HALF ACRE TO R-2 BY DAVID AND BECCI CARMACK: Johnson: I will now open the public hearing and invite the applicant or the applicant's representative to address the Commission. Becci Carmack, 1705 West Pine, Meridian, was sworn by the City Attorney. Carmack: Well I am going to be awfully boring in comparison to all of this excitement. It has been pretty educational to be here. Unlike all of the other applicant's and it looks like the requests that normally come before this body, this is not a commercial project this is nothing to do with monetary gain and we are not going to be compensated for our expenses in any way as are the other people that you have heard from tonight. So I would like to ask you to keep that in mind as you make considerations about what will happen on our property. This is all as a result, just a little brief history, we have lived at this residence for almost 14 years now and it has been there in its current condition for longer than I have been alive. The house has been there and the property has been there it has not changed in that time. We have been a part of the County, we have been on our own water system and our septic system during that time period. Last May our well decided it had had enough I guess (End of Tape) water for five days with seven people in our family was an experience that I hope you all miss. Anyway at that time we had to have another water source, we made application to the City. We received some very strong encouragement from the City at that time the water department and also the office of the City Engineer that led us to believe that we should pursue annexation at that point and we did. It has been an interesting thing, because you are so busy with other things and because this is not the norm somehow our application was lot for about 5 months. So we have just kind of been waiting around to see what happened. Only this afternoon did I receive anything from Planning and Zoning about comments or anything. I got this when I got home from work today, so I have just barely had an opportunity to look at it myself. I don't see that there are any real problems. But I surprised to see on here that the comment that we, one condition might possibly be that we be asked to hook up to the Meridian sewer. As we have discussed this, in fact I even met with Mayor Corrie at one point about it, we were told Meridian Planning & Z~g Commission March 11, 1997 Page 41 that should anything happen to our septic system we would not be allow to repair that we would have to hook up to sewer at that time. That is certainly understandable and I have no problem with that. However; having to hook up to that immediately from what Mr. Smith said earlier is not necessarily a requirement but could be asked of us according to the City ordinance. t believe that is what he just stated in the previous testimony. So I would just ask that it continue to be as we have been lead to believe and that is if we do have a problem that obviously we would hook up to the sewer it is convenient, it is out front. And we would do it at that time. The only other question that I have is also in the comments that we received from the City someone suggested that we be an R-3 zoning rather than R-2 I believe that was by Mr. Freckleton and Ms. Stiles. I am not sure what that would entail I don't see how the property could change from what it is, there is no building that could be done on this property. There is no place to put any other residences or anywhere. There is no frontage there is no way that anything can be built on there to change it. So I don't know you would have to educate me about why that should be changed. Those. are the only two comments, I would hope that we would be allowed to go ahead with it on the basis of those considerations. Do you have any questions that you need to ask of me? Johnson: Any questions of the applicant at this point? MacCoy: Well you have answered some of my questions already. I also will pass along, I can well imagine minus the water situation. My daughter went through that this year (inaudible) family and no water. Carmack: It was real interesting. MacCoy: That is what she said. You have already stated that .you have no problem with any of these things, I at this moment say I am satisfied. Borup: One of the questions I had I think you answered and that was the time frame. So you said you did make application 5 months ago initially? Carmack: When this happened, actually it is kind of a long story I am not sure you really want to hear all of it. Borup: Not really Carmack: Anyway they lost the application last fall and it has been in a file somewhere according to Mr. Ehlert who works with Mrs. Stiles and finally. They told us they would contact us and I didn't want to nag them but I finally ended up calling and saying what is going on. (Inaudible) try to follow up on this. So that is what happened. Borup: (think -her comment on the R-3 zoning was R-2 requires minimum of 1800 square feet and you are just a little bit under that. Meridian Planning & Z~g Commission March 11, 1997 Page 42 Carmack: We are close to that but not quite. Borup: I think that was the only reason for that statement. Johnson: So you have no problem is we zone it R-3 as opposed to R-2 right? Carmack: I don't, I don't see that there is any difference. Johnson: Anyone else? Gary could you clarify that statement regarding a requirement or lack there of to hook up to sewer. Smith: Mr. Chairman, Commission members that is just a standard comment that we make for these projects that generally hook to water, we require that they hook to sewer at the same time. It is the same comment that was made for Builders Masonry products or Builders Marketplace when they requested to connect to sewer, we requested that they also hook to water. In that particular case we needed the water measurements in order to make the assessments for sewer. IN this case we wouldn't need to make that connection in order to bill for water because a meter will be installed or has been installed. Carmack: It has been installed and we have been paying water bills since last May. Smith: May I ask a question while we are here. Did you pay a double assessment fee because you are in the County? Carmack: No we did not, because the agreement was made and we did appear before the City Council and received a waiver for that because we had been advised that we should. I think in retrospect they were trying to get rid of the enclaves, we are a very tiny enclave and I think that they saw that as an opportunity to get rid of us as an enclave. Took advantage of our crisis to do it. So that was the impetus for that. And probably it will serve us well in the long run. Smith: They could have done that without the crisis. Carmack: Probably so, but then you would have had to bear the expense or at least part of it. Johnson: Thank you, this is a public hearing, anyone else want to testify? Seeing none I will close the public hearing at this time. MacCoy: Mr. Chairman, I move we have the City Attorney prepare findings of fact and conclusions of law for this project. • Meridian Planning & Z~g Commission March 11, 199.7 Page 43 Borup: Second Johnson: All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #15: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF APPROX. ONE ACRE TO R-15 BY LARRY AND KAY HANSEN: Johnson: I will now open this public hearing and ask the applicant to come forward or the applicant's representative. Larry Hansen, 935'/ West Pine, Meridian, was sworn by the City Attorney Hansen: I guess I would like to open by saying that my property is bordered by a property that is owned by Lawrence Saunders. I intend if this is approved to work in conjunction or in cooperation with him to execute a development consisting of duplexes and his intention last time we spoke was the extension of Idaho Street directly westward. It would intersect our property boundary, the east boundary that we own and continue on through our property and terminate somewhere on the western boundary of our property. Services such as sewer, water and the like would be brought through on Idaho. I have received in red the conditions and have read all of them. Johnson: Thank you, any questions of the applicant? Borup: Just on the I think it is item 6 on the comments but in reference to you access to Pine Street, have you discussed that with ACRD at all as far as what they would require or would that need to be a private road? Hansen: 1 haven't discussed that with them, I don't believe it is feasible just due to the fact that access would come within about 10 feet of my front door. So if Pine Street were brought through, we own a 40 foot section that is our driveway and our driveway cuts right close to our front door. So if that were used say for the purpose of 9`" street which connected with Idaho it would probably conflict with our house. (Inaudible) Borup: So you didn't have any intention of tying access to Pine Street then? Hansen: I don't have any intention I realize that would be desirable but I don't know if it is feasible. MacCoy: Have you received the staff comments? Hansen: Yes I have ~ ~ MERIDIAN PLANNING & ZONING COMMISSION MEETING: March 11.1997 APPLICANT: DAVID ~ BECCI CARMACK AGENDA ITEM NUMBER: 14 REQUEST: PUBLIC HEARING• REQUEST FOR ANNEXATION AND ZONING OF APPROX. ONE HALF ACRE 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 SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS "REVIEWED" SEE ATTACHED COMMENTS / ~~ r/ GI v c ,7 ~~ SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS OTHER: All Materials presented at public meetings shall become property of the City of Meridian.