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HomeMy WebLinkAboutHansen, Larry & Kay 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, Flre Chief W.L. "BILL" CORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE UALLEI' COUNCIL MEMBER A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA EE C GLENN R. BENTLEY 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMIS. ION (208) 888.4433 • FAX (208) 887-4813 Public WorksBuilding DepaRment (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: Annexation/Zonina of approx one acre to R-15 BY: L r~~ Kav Hansen LOCATION OF PROPERTY OR PROJECT: NW 9th and Pine Avenue JIM JOHNSON, P2 MALCOLM MACCOY, P/Z 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. (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 ANNFxe~rin~r "ND ZONIN OR FZONF PROPOSED NAME OF SUBDIVISION: ~ ~, c 5-{- ~ e. ~~o ~ S ~~ h. GENERAL LOCATION: _ lileta ~- /~/~^) ~ ~ ~ P, h ~, A U P LEGAL DESCRIPTION (ATTACH IF LENGTHY): ft~'~ ~~,~,-~ OWNER(S) OF RECORD: L„a~~,~ ,~ ADDRESS: ~1~s yz APPLICANT: C~ W ~,~ ,~- PHONE: ADDRESS: ENGINEER, SURVEYOR, OR PLANNER: PHONE: ADDRESS: TYPE (RESIDENTIAL, INDUSTRIAL, COMMERCIAL) : Pc i, i r.~.a~ ., ~~ ~~ ACRES OF LAND IN PROPOSED ANNEXA'T'ION: ~_ PRESENT LAND USE:__~cc s~" v.. ~ PROPOSED LAND USE: __ IM, ~,~, (-~-(~ w ~~ ~ ~ U ~l ~ PRESENT ZONING DISTRICT: ~r-,I~,, ~',~ ,~~' PROPOSED ZONING DISTRICT: 0~1~ ~~~ -/S ig Applicant 1. Applicant/Owner: Larry A. Hansen hm. 884-0118 wk. 396-4416 935 1/2 W. Pine Meridian, ID. 83642 2. See Attached 3. N/A 4. See Attached January 31, 1997 5. Present Land Use: The Northernmost 1/4 acre of the parcel of land known as #89322500300 is currently being used as the residence of the above mentioned applicantlowner. The Southernmost 3/4 acre of the parcel is vacant pasture land. 6. Proposed Land Use: The Northernmost 1/4 acre of the subject property shall continue to be used as the residence of the above mentioned applicandowner. The Southernmost 3/4 acre of the parcel shall be developed for multi-family dwellings such as duplexes or fourplexes. 7. Present Zoning and Jurisdiction: The subject property is currently zoned RT in Ada County and has not yet been annexed into Meridian City proper. 8. Proposed Zoning District: ~e i u3bject property is proposed to become part of the City of Meridian zoning district. 9. Characteristics: This area lies near the railroad tracks causing low density single family zoning to be undesirable to home buyers. Multi family dwellings such as duplexes and fourplexes are often found in areas such as this. 10. Harmony: This property lies very near an area of Meridian that is currently zoned 815 and populated with apartments. 11. Meridian Comprehensive Plan: This rezoning proposal is in agreement with the City of Meridian Comprehensive plan. 12. See Attached 13. See Attached 14. See Attached 15. Paid at time of application. 16. N/A 17. Affidavit of posting: The property will be posted 1 week before the public hearing. 18. Affidavit of Verification: I have read the contents thereof and verify that the information contained therein is true and correct to the bes~t,gf my knowledge. Date: • - WARRANTY DEED For Value Received Ronda K. Parker, an unmarried person, ... iils'~ iii ';,;ll;',f;(iC 9CtSE ID FlRST AMERICAN TITLE CO. '95 (t1flY 17 Pi l ` O1 r~ FEE~_.._._... _. RECORUEO :ai Ti'E R:QUEST 0 hereinafter referred to as Grantor, does hereby grant, bargain, sell, and convey unto Larry A. Hansen and Kay M. Hansen, husband and wife hereinafter referred to es Grantee, whose current address ie 9351/2 West Pine Avenue, Meridian, ID 83642 the following described premises, to-wit: SEE ATTACHED EXHIBIT "A" HERETO AND INCORPORATED HEREIN BY THIS REFERENCE. To HAVE AND TO HOLD the said premises, with their appurtenances unto tho said Grantee, his heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances except current yeazs taxes, levies, and assessments, and except U.S. Patent reservations, restrictions, easements of record, and easements visible upon the premises, and that Grantor will warrant and defend the same from all claims whatsoever. Dated: May 12, 1995. ~l~cX>>4xxxxxxxxx>¢Xx ~ ~coc9c xxsc x4cal~(x x x x x x x x x ~~ d(acxlt,~cxaao~tydwy~»x,~xlixlc~l~al~x~x~rx~xt~~ISltaraclt~yxat(~Ir~xi~x~~oc~~xCC~~~~x ~/ ~x~xx~~conc4cxacxcr~~~xx~xux~~cct~~xac~C~grE~t~cxac~a(xx xr~ac~lsxac>shx#~i>~>~I~a~sxtxxlol~fxxxxl~xxxas:xxxx §TATE OF iDA1IO. COtIN'lY OF~a - --~-- - - j ~~x~~YX On this 12th day of A4ay , ig95 , r`I~(l(d(X#$t~~9]{DkXX i XXdHIdbXsl;DftYtYe)>ij4#iEdEX)C)V~';(X~BXX"~"~ before me, a notary public in and Eor said State, personally appeared i Rondd ~K. Pariz'ex' vt ~ • .. ,~ :. ~ ~ known to me to be the pePSon whthe nafie:'' ~~ 3 subscribed to with instrumCpt. a ack owledged to me that he• ~ "" ' x` ~ executed the same. ' y. ) R . (/ i ~ • ~ , ury Public Raiding at BO l Se ~ ,Idaho Comm. Expiry 7-15-98' ~. . :~ • EXHIBIT "A" • r ~. PARCEL I: A Part of Lot 2 of WESTLAWN SUBDIVISION, according to the official plat thereof, filed in Book 2 of plats at page 94, Of:icial Records o~ Ada county, Idaho, more particularly described as hallows: commencing at the Northeast corner of Lot 1 of said WESTLAWN SUHDIVISIDN; thence West 126 feet along the south line of West Pine Avenuep thence South 125 feet; thence West 398.40 feet to the REAL, Polar OF BEGINNING; thence continuing West, 1.30. p feet; tbenCe _ South 335.07 feet; thence East 130.00 feet; thence North 335,07 feet to the~POINT OF BEGINNING. PARCEL II: A part of the East half of Lot 2 of WESTLAWN SUBDIVISION, aeeQrdinq to the official plat thereof, filed in Book 2 of Plats alt Page 94, Official Records of Ada County, Idaho, more particularly described as follows: Commencing at the Northeast corner of Lot 1 of WE9TLAWN SIIBDIVISION; thence Wcst along-the South side of Weat Pine Avenue and the North line of said Lots 1 and 2, a distance of 524.4 feet; thence South 125 feet; thence West 40 feet; thence North 125 feet; thence East 40 feet to the REAL POINT OF BEGINNING. Page 5 r ~,~ f r:' .- ~ :~~r}BOER v. U ~t ~r I ':1~ s-i ~~ i~~ f t 1 V so~s~ c~ WARRANTY DEED FlRST AMERICAN TITLE CO. For Value Received ~ Ronda K. Pazker, an unmarried person, FEE~.._..__~i ~-;' RECOf~U~..~ :~i T; .. R;:QUEST 0 hereinafter referred to as Grantor, does hereby grant, bargain, sell, and convey unto Lazry A. Hansen and Kay M. Hansen, husband and wife hereinafter referred to as Grantee, whose current address is 935 1/2 West Pine Avenue, Meridian, ID 83642 the following described premises, to-wit: SEE ATTACHED EXHIBIT "A" HERETO AND INCORPORATED HEREIN BY THIS REFERENCE. To HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, his heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances except current yeazs taxes, levies, and assessments, and except U.S. Patent reservations, restrictions, easements of record, and easements visible upon the premises, and that Grantor will warrant and defend the same from all claims whatsoever. Dated: May 12, 1995. • • 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 Larry and Kay Hansen, for annexation and zoning of approximately 1 acre of land located in a part of Lot 2 of Westlawn Subdivision Boise Meridian, Ada County, Idaho, and which property is generally located near NW 9th and Pine Avenue. The Application requests a zone of R-15. 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, JR., Ct C RK PUBLISH April 18 and April 25, 1997. 0 R i 1 V n J III _ __ .-1 Jr.___ to _ F ~ _ ^, _ .. __ _. I __.~ _ _ - m _ - .- n •' m _ x _ mss, rY. ~ ISIN a~ i~\'E.D i ~~~ I I - a / ~ m ~ :.l ~ ~ - .. ~ o !~ w ~ _ - Y yy 14 TH VE. N ~ ~r ~ `~~ ~ - -...~~~~~ © N N W ~Z ~ YY/AC~- i L~ D ~ Z ~ ~ ...- • ti 3s r • ~'~\ ~~ i 11 ^ I`l `~ O j ~ ys~ Ay V 1 t f ~A' ~' F~:J e 0 ~' .a .~ ~~-v N :. 1 ~...~ ~ ~I 4~ ~ ~ , Y 13Th ,i ~.. • O J 6~ N ~ w ~~ J~ v tl~ ! r !~ (!~ 1 [~ ~ , rrp.-F.. ~ ---L: i N .~_i`I ,~ ~ ~ =, -c D ~ _~ ~ _ ,~ CW _Iryl y ~' ~~: ~ ~ -'~-`= IZ i ~ ~ i~ ~ t~ - ' ' 1 ^~ `J 'J a as _ a ~0 D < - •~ . ~ ~ ~ ~ ? I O v ~ ~ ~ -~ N t O Y W ~' - (~ G ~ th ST I ~ 8 L/i o (~ STR E E T - a®ow® - _ ~ ~ I °° J ~ ~ ? W N.V _ ~I lJ/~l N 1. ESTATE.; 8 ~ F Q rs ~ w s /d /~ ~ !~ Q ~ --- -- N. WEST TT H. puC.` ~ F I U A W` N I(v0 O l~J__~_ _ 7rh ST_ WEST ~ ~ ~ o. I 7 r~ 5 ~ ~ A ~ o ~ ~ ~~T_. - 1- 1 ~ I ~ 2 I U Z d ~ ,~ r---~--~' 7 - - • • 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 Larry and Kay Hansen, for annexation and zoning of approximately 1 acre of land located in a part of Lot 2 of Westfawn Subdivision Boise Meridian, Ada County, Idaho, and which property is generally located near NW 9"' and Pine Avenue. The Application requests a zone of R-15. 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. LLIAM G. BERG, JR C CLERK PUBLISH February 21 and February 28, 1997. • ti ' ~ A.Jt1 i~ ~ i N• N - - ' ! ~ R2942~i 04b''~. ~ 8048 .~ .w ~ -~ i ' ° rs~ ., • ' , 8932250043 ;°s,~~ s ~ ? a °o~ a°o "- .. + , ~ N ~ ~ ~ ~ N '~ i N f V N r ' r[~JLLJCIU4 I '~ N C 89322500200 '~~~' `~ ~; 0 0 0 ~. ~, ` ~~ - ~ . o ~ ~ o O ~ ~ O `O O L N N N N 89322500040 N N ~ ~ o '- N „ ~ ., cr -~ ~ /~/ ~ ~ A N ~• M K S A Q ,L ~•~~ S12124280; 89322500300 _'--- - - __`_, _~ .~. ~~ 89322500020 0 O "' 167, l7 ~ ~ ~~~ ~ m o a0 j~.:~'~ Rt Ngn i • ~ 9 3001 ~ ~, ~, R 0 0 0 - ~ R 0883090 ~ ^ `r R 3000 066.e v' 6srso }"~~'~ ! ~ R 1 883000 5 ~~'~-~~ ~~~ 81088 0070 -. ;~ Rt 883000 ~ S1212428~ .~. ~ . R1 308 ! ' I ' 810 8 0 067 ;Y;'`' 0O s '~` R t 0 N N 1 ~ i - ~~d o, m :.._...---- ---~ ~ ---:ice:-----1------~-- _. ~f ,, ,, o, I N ~ ~ ao , N ~ ~ N ~ ~ ~ ` /~ /_ // i~ M n n Larry Hansen Rezone application item #14. Mailing address list for all property owners within 300 feet. 81278140040 Eric & Lisa Centers 925 NW. 9th St. Meridian, ID. 83642 81278140050 Jerry & Pam Kantola 1848 Badger Rd. Apt. A North Pole, AK. 99705-5059 81278140070 Canna Lily Homeowners 988 W. Pine Ave. Meridian, ID. 83642 81278140160 Canna Lily Homeowners 988 W. Pine Ave. Meridian, ID. 83642 81278140170 Canna Lily Homeowners 988 W. Pine Ave. Meridian, ID. 83642 89322500020 Broadway Estates (Lorin Saunders -Buyer) P.O. Box 1000 Meridian, ID. 83680-1000 89322500040 Ronald & Julie Tolsma P.O. Box 382 Meridian, ID. 83680-0382 89322500051 Mary Ann Newkirk 847 W. Pine Ave. Meridian, ID. 83642 89322500200 Broadway Estates & Lorin Saunders 7190 N. Meridian Rd. Meridian, ID. 83642 89322500100 Larry & Kay Hansen 935 1/2 W. Pine Ave. Meridian, ID. 83642 89322500580 Henry & Geraldine Achurra 859 W. Pine Ave. Meridian, ID. 83642 89322500590 Allen Fleming 935 W. Pine Ave. Meridian, ID. 83642 89322500600 Meridian Friends Church Inc. 1021 W. Pine Ave. Meridian, ID. 83642 89322500700 Fiscal Funding Co. Inc. 101 California St. Ste. 2000 San Francisco, CA. 94111-5852 51212244316 Ronald & Monta Shuyler 913 W. 10th St. Meridian, ID. 83642 51212244330 AL & MC Young Trustees 7310 Rim Acreas Ln. Boise, ID. 83709-5558 51212244340 Clinton & Mildred Shuyler (Linda Cope -Buyer) 132 E. Overland Rd. Meridian, ID. 83642 S 1212244510 Vern & Angelina Alleman 2101 E. Ustick Rd. Meridian, ID. 83642 S 1212244700 Robert & Ruby Sumner 830 W. Pine Ave. Meridian, ID. 83642 RECEIVF~'~~ AUG 2 0 2001 n CITY OFe}MERIDIr'+.' _/ L/GQ.~'IGCt 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Via Facsimile / 345-8488 August 15, 2001 Victor Johnson, Project Manager Homan Land Development Inc. 2229 W. State St. Boise, ID 83702 Re: Tremont Place Subdivision Dear Victor: Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 This letter is in reference to the above-mentioned project and our on-site meeting on August 14, 2001. As I pointed out to you, the only access the Nampa & Meridian Irrigation District has to the Cairns Lateral is the gate at the head end where it crosses Broadway. The west boundary is fenced off and the fence is installed on the District's pressure irrigation line. The fences must be moved to provide the District access to the Cairns Lateral as well as the pressure irrigation line. All other encroachments can be covered in a License Agreement, i.e. Rutledge Drain and Ninemile Drain. The proposed updating on the pump station appears to be acceptable but must be completed in a timely manner as Tremont Place Subdivision is causing the existing use to be low on pressure. If you have any questions, please feel free to contact me. Sincerely, ~~~~~ Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln Cc; File Board of Directors Secretary-Treasurer Water Superintendent ~ ~- Ringert Clark Chartered - B. Farris Pressure Irrigation Specialist - T. Clinton APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 { . O~=NANCE ~o. ~6~ AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS SOUTH OF PINS STREET AND WEST OF 8TH STREET, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFBCTIVB DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the beat 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 1: A part of Lot 2 of WESTLAWN SUBDIVISION, according to the official plat thereof, filed in Book 2 of Plats at Page 94, Official Records of Ada County, Idaho, more particularly described as follows: Commencing at the Northeast corner of Lot 1 of said WESTLAWN SUBDIVISION; thence 97065072 West 126 feet along the South line of West Pine Avenue; thence South 125 feet; thence .,gin,..,: •i~.,,r.~,r,~ West•398.40 feet to the REAL POINT OF BEGINNI~G';,~f~ence continuing West 130.0 feet; thence ~ i~~t~~- ~~ South 335.07 feet; thence Bast 130.00 feet;9t~1~~~~ P~ i 5 ~~00 North 335.07 feet to the REAL POINT OF BEGI•NNI116'.----- ~=~~ HECGF;~d~ :.; iF ~~iJES OF PARCEL II: A part of the East half of Lot 2 of WESTLAWN SUBDIVISION, according to the official plat thereof, filed in Book 2 of Plats at Page 94, Official Records of Ada County, Idaho, more particularly described as follows: Commencing at the Northeast corner of Lot 1 of WESTLAWN SUBDIVISION; thence ANNEXATION ORDINANCE - LARRY HANSEN PAGE 1 West along the South side of West Pine Avenue and the North line of said Lots land 2, a distance of 524.4 feet; thence South 125 feet; thence West 40 feet; thence North 125 feet; thence East 40 feet to the REAL POINT OF BEGINNING. is hereby annexed to the City of Meridian, and is zoned R-4 Residential; that the reason for the R-4 zoning is to allow the northern one-quarter acre of the property to continue to be used as a residence of the Applicants, and the southern three-quarters acre of the property to be developed for multi-family dwellings such as duplexes and four-plexes; 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; that all ditches, canals and waterways shall be tiled including those that are property boundaries or only partially located on the property. Section 2. That the property shall be subject to de- annexation if the owner shall not meet the following requirements: a. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land. b. That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. c. That, as a condition of annexation and rezoning, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address inclusion into the development the requirements of 11-9-605 of the Revised and Compiled Ordinances of the City of Meridian and other matters; that the property may be de-annexed if ANNEXATION ORDINANCE - LARRY AANSEN PAGE 2 ~ r the terms and conditions of the Development Agreement are not satisfied. d. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, 11-9-605 M. which pertains to the tiling of ditches and waterways, and 11-9-606 B 14. which. pertains to pressurized irrigation. e. That these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. f. That the Applicant shall meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the City of Meridian. g. That the Applicant is required to enter into a development agreement and perform development of the property as a townhouse project each with a two car garage for each unit for which Applicant must apply for, and obtain a conditional use permit. h. ~ The development of the property must be performed as a planned unit development and meet all the requirements to obtain the planned unit development. Section 3 . That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 4. 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 b~ the Mayor of the City of Meridian, Ada County, Idaho, this .~ - day of August, 1997. APPROVED: ~> ~~ -- ROBERT D. CORRIE ATTEST: ANNEXATION ORDINANCE - LARRY HANSEN PAGE 3 CLERR -- WILLI~ '. BERG, JR ,`,~~ir~~t a rrY rri,~,~ ~~ ~~~j~~ ~:.a' 'sir ~~~i~ 7 'r~~~ 1 70 r t~~ , • .rp ,~: ,~,"~e ~~, ~,,,. ANNEXATION ORDINANCE -LARRY BANSEN PAGE 4 • . STATE OF IDAHO,) ss. County of Ada, ) I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby. certify that the above and foregoing is a true, full and correct copy of an Amended Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICB IS DESCRIBED AS SOUTH OF PING STREET AND WEST OF 8TH STREET, BOISE MERIDIAN, ADA COUNTY,_IDAHO; AND PROVIDING AN EFFECTIVE DATE"; passed as Ordinance No. 766 , b the City Council and Mayor of the City of Meridian, on the ~~= day of August, 1997, as the same appears in my office. DATED this ~~ day of August, 1997. ````~~tia~~ti~~ntari,,,r a,r~ :~ = w SEAL ~~~~~hNt~ ~u~ta~~~~ City Clerk, City of M "i an Ada County,. Idaho STATE OF IDAHO,) ss. County of Ada, ) On this _ ~~ ~ day of August, 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. .~` ~C E ~ . '~. 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Ii I: ~ }f • _ L , 7{I: I. , ".,- ~ o I r r I n.t.<<(1;''Pi,ODAT!pi•!,. ~ I THI~t MF.P ISI FURNISHES r{~ c~F. GEtJERALLY STRICTLY tOR TI Ii PUF'~1 I) ~ •.~ ; i LISc,ATII~G FrL: LP ~) n n ~r > I~I!)f f'r PRESENT A ,, r I. I .-I'll f ~''l I !r'l'f ANY SUR>rEY ~~,- i ~: I r;F~FiF~SFf1T,~.;,~, ,;; ,,,,L,, `tl~C.f~,;;rAORANY (lltli-rz , ~;j;; r I_/,~' IIil).II!{• I•P,I'I~ SHOWN I I ;I,.~ t TAYL<7R AV[ - ll . ~ ~, Meridian City Council August 5, 1997 Page 6 Corrie: As I mentioned we received a letter from Mr. Yorgason's representative to table item 5, I will entertain a motion to that effect. Morrow. So moved Bentley: Second Corrie: Motion made by Mr. Morrow, second by Mr. Bentley to table item #5 the final plat for Crossroads Subdivision No. 6, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: ORDINANCE #765 - SAUNDERS REZONE: Corrie: AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF A CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A TRACK OF LAND LOCATED IN THE NE'/., SW %4 SECTION 12, T.3N, R.1W , B.M. AND THE CITY OF MERIDIAN ,ADA COUNTY, IDAHO AND PROVIDING FOR AN EFFECTIVE DATE. This is a rezone ordinance for the Saunders property. Is there anybody from the audience that would like to have Ordinance #765 read in its entirety? Hearing none I will entertain a motion from the Council Rountree: Mr. Mayor, I move that we approve ordinance #765 with suspension of rules. Tolsma: Second Corrie: Motion made by Mr. Rountree, second by Mr. Tolsma to approve Ordinance #765 with suspension of rules, roll call vote. ROLL CALL VOTE: Tolsma -Yea, Bentley -Yea, Rountree -Yea, Morrow -Yea MOTION CARRIED: All Yea ITEM #7: ORDINANCE #766 - HANSEN ANNEXATION: Corrie: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS THE SOUTH OF PINE STREET AND WEST OF 8T" STREET, BM, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. This is the ordinance for the Larry Hansen property, is there anybody from the audience that would like to have this ordinance read in its entirety? Seeing none, hearing none Council I will entertain a motion on Ordinance #766. Rountree: Mr. Mayor I move that the Council approve Ordinance #766 with suspension of rules. .--. ~. Meridian City Council August 5, 1997 Page 7 Tolsma: Second Corrie: Motion made by Mr. Rountree,- second by Mr. Tolsma to accept Ordinance #766 with suspension of rules, roll call vote. ROLL CALL VOTE: Tolsma -Yea, Rountree -Yea, Bentley -Yea, Morrow -Yea MOTION CARRIED; All Yea ITEM #S: FINAL PLAT FOR GRANITE CREEK SUBDIVISION, 23 LOTS AND A DEVELOPMENT AGREEMENT BY KEVIN HOWELL CONSTRUCTION: Corrie: Is a representative of Kevin Howell or a representative here tonight. Tomlinson: Good evening Mr. Mayor and Council members my name is Rich Tomlinson, I work with Hubble Engineering. I don't know too much to talk about, it is the same plat that you guys approved a couple of years ago. I believe you have a copy of a letter from Tracy Persons addressing staff comments from last week. There was really nothing that we didn't agree with or needed to change. Bentley: Mr. Mayor, I have a question for Gary, have your site specific comments and all of your questions been answered satisfactorily? Smith: Yes they have. Morrow. Mr. Mayor I would move that we approve the final plat for Granite Creek Subdivision subject to all compliance with all staff conditions. Bentley: Second Corrie: Motion made by Mr. Morrow, second by Mr. Bentley to approve the final plat for Granite Creek Subdivision with the approval of the staff, any further comments? All those in favor? Opposed? . MOTION CARRIED: All Yea Come: Mr. Counselor, do we need that development agreement approved as well is that correct? Crookston: That is correct. Corrie: Okay Morrow. I have a question for the counselor with respect to the development agreement, you have reviewed the development agreement and found it to be satisfactory? t • Meridian City Council July 15, 1997 Rage 14 Rountree: Second Corrie: Motion made and seconded to approve the decision and .recommendation as read, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING OF APPROXIMATELY ONE ACRE TO R-8 BY LARRY & KAY HANSON: Corrie: Council, again it is open for discussion. Rountree: Mr. Mayor, I move that we approve and adopt these findings of fact and conclusions. Morrow: Second Corrie: Motion made and seconded that we approve the findings of fact and conclusions of law as adopted and approved by City Council. Roll call vote ROLL CALL VOTE:. Morrow -Yea, Bentley -Absent, Rountree Yea, Tolsma - Abstain, Corrie -Yea MOTION CARRIED: All Yea Corrie: Entertain a motion for the decision. Rountree: Mr. Mayor, I move that the Meridian City Council hereby decides that the property set forth in the application shall be annexed and zoned as R-8 under the conditions set forth in these findings of fact and conclusions. Including that the applicant or their successors, interests, assigns, executors or personal representatives enter into a development agreement that the property only be developed as a planned unit development under the conditional use process. And that upon that annexation as conditions of annexation the development of the property shall restricted to a minimum of 2 family two house dwellings 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 to enter into a development agreement, the property should not be annexed. Morrow. Second Corrie: Motion made and seconded on the decision, all those in favor? Opposed? Meridian City Council July 15, 1997 Page 15 MOTION CARRIED: All Yea ITEM #4: FINAL PLAT FOR CROSSROADS SUBDIVISION NO. 6, 37 LOTS BY RAMON AND MARILYN YORGASON: Corrie: As I mentioned there was a request by the senior project manager to table this until August 5~'. Morrow. Mr. Mayor, I move to table the application for final Plat for Crossroads Subdivision No. 6 by Ramon and Marilyn Yorgason to August 5, 1997. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to table to the August Stn meeting the final plat for Crossroads Subdivision No. 6, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: FINAL PLAT FOR HONOR PARK SUBDIVISION NO. 3, 23 LOTS BY WILLIAM HON: Corrie: Is Mr. Hon or a representative here tonight, Becky Bowcutt: Becky Bowcutt, Briggs Engineering, I am representing Mr. Hon on this project. We faxed over our responses to staff comments, Will did you receive those. Just to address a couple of things. I think we were in agreement, we did speak with Mr. Hon today and went over some of these issues. The only one of the problems we had was item 6 in note revisions. They asked us to change the word private road to private lane. The State code refers to public and private as roads not lanes. The Ada County Engineer's interpretation of the State code is you cannot put the word lane on a final plat. I think there are four references to changing private road to private lane. addressed that in my responses. We have made the requested modifications ~to the plat. Item 11, there is a discussion concerning the roadway widths, the improved width of 37 back to back 50 foot right of way. There is a discussion about ACRD and their standards. for a commercial streets being a 58 foot road right of way with a 41 back to back. If you recall when we came through with preliminary plat we discussed this item in length, we were deferred. This was one of the items that we were told to meet with staff and try to come up with an acceptable standard. We did state that the construction of the road would be built to Ada County Highway District standards, that is the structural construction. The base, asphalt, compaction and so forth will meet Ada County Highway District Standards. The reason that if you recall that we reduced the right of way width and roadway width was the fact that we had such a low number of lots and those culdesacs are very. short. We did agreed that we would put no parking along there, we understand it is the responsibility of the lot owners to enforce the no parking • ~ MERIDIAN CITY COUNCIL MEETING: July 15,1997 APPLICANT: LARYY 8~ KAY HANSON ITEM NUMBER; 3 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION/ZONING 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 i~ ~l~ ` o~~ ~-~' ~P e ~d a4~~~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ~ ~ BEFORE THE MERIDIAN CITY COUNCIL LARRY A. AND KAY M. BANSEN APPLICATION FOR ANNE%ATION AND ZONING SOUTH OF PINE STREET AND WEST OF 8TH STREET MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter. having come on for public hearings on April 1, April 15, May 6, May 20, June 3, June 17, July 1, 1997, at the hour of 7:00 o'clock p.m., the Applicant, Larry A. Hansen, appearing in person, the City Council 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 April 1, 1997, the first publication of which was fifteen (15.) days prior to said hearing; that the matter was duly considered at the April 1, 1997, hearing and at some of the subsequent hearings; 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 is incorporated herein as if set forth in full. The property is approximately one acre in size. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. HANSEN 3. The Applicants are the owners of record of the property. 4. The property is presently zoned by Ada County as RT, Rural Transitional. Pursuant to the application, the northern one- quarter acre of the property is used as the residence of the Applicants, and the southern three-quarters acre of the property is vacant pasture land. The Applicants' initially requested the property be zoned to (R-15), Medium High Density Residential District, however during the process the Applicants saw the light and reason for having the property zoned R-8, Medium Density Residential District. The Applicants have requested the annexation and this zoning, and the application is not at the request of the City of Meridian. 5. Pursuant to the application, the northern one-quarter acre of the property shall continue to be used as the residence of the Applicants. The southern three-quarters acre of the property shall be developed for multi-family dwellings such as duplexes and four-plexes. 6. The property is located off of Pine Street and west of 8th Street, and is in close proximity to existing homes and residential areas. The Applicants submitted their Application at the same time as Lorin Saunders did for his property and the two Applications have proceed along the same course of hearings and events, basically at the Applicants request. 7. The Ada County Highway District has or may submit comments, and such comments are hereby incorporated herein as if FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. HANSEN set forth in full or shall be incorporated herein as if set forth in full when submitted. 8. Bruce Freckleton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator, submitted comments which comments are incorporated herein ae if set forth in full. Their comments included the following. a. The Applicants need to provide a legal description of the property prepared and stamped by an Idaho Registered Land Surveyor per City Resolution 158; b. 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; c. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance 5-7-517. Wells may be used for- non-domestic purposes such as landscape irrigation; d. Water service to this development is contingent upon positive results from a hydraulic analysis by the City's computer model; e. The treatment capacity of the Meridian Wastewater Treatment Plant is currently being evaluated. Approval of this application needs to be contingent upon the City's ability to accept the additional sanitary sewage generated by this proposed development. Sanitary sewer to this site will not be a simple task. Existing sewer mains in Pine Street are shallow and may not be able to provide service to the site. Extensions through Idaho Street, in coordination with the Lorin Saunders development [to the east of the property, could be a viable alternative. Water could be provided via existing mains in Pine Street. The Applicants will be responsible to construct the sewer and water mains to and through any proposed development. The designer of any future development is to coordinate main sizing and routing with the Meridian Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. AANSEN CSI west sides of roadway centerlines. Water lines shall be located on the north and east sides of roadway centerlines; f . This request for annexation and zoning of R-15 would appear to be compatible with the surrounding uses, provided buffering of adjacent single-family homes is included in development plans. Several single-family homes have been split off along Pine Street, and this property has no frontage. The Applicants do, however, own a separate 40 feet wide parcel of land fronting on Pine Street to allow access to the parcel. It would be desirable for a planned development to incorporate this access. Idaho Avenue will need to be extended to the western-most property boundary in accordance with Ada County Highway District .standards, with five feet wide sidewalks on both sides. The Applicants are to provide 50 feet radius paved temporary turnarounds at any proposed stub streets; g. All developments within the R-15 zone must have direct access to a transportation arterial or collector, abut or have direct access to a park or open space corridor, and be connected to the Municipal water and sewer systems of the City of Meridian. The Applicants have submitted no information to substantiate conformance with these requirements; h. In the R-15 zone, minimum lot size is 2,400 square feet per dwelling unit. Any duplex units would be required to have a two-car garage for each unit. Single- family detached housing would require a minimum size of 1,301 square feet. Duplex units would require a minimum of 800 square feet per unit, exclusive of a garage; i. A development agreement/detailed conditions of approval are required as a condition of annexation. Because of the numerous issues involved, and as no uses or site plan are shown for the property, annexation should not be considered without the requirement that all uses, regardless of whether permitted in the R-15 zone, are to be developed under the conditional use permit process. The Applicants should coordinate plans with Lorin Saunders, a contiguous property owner, for a planned unit development; and j. Further conditions will be examined when the application(s) for conditional use permit/plat are submitted. If planned correctly, this property could be an excellent in-fill development project. No splitting FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. HANSEN M ~ of parcels will be permitted without going through the platting and recording process. 9. The Meridian Fire Department, Meridian City Police Department, and Nampa & Meridian Irrigation District submitted comments which respective comments are incorporated herein as if set forth in full. 10. Central District Health Department submitted comments which comments are incorporated herein as if set forth in full. Its comments included that after written approval from appropriate entities are submitted, it can approve this proposal for central sewage and central water; that plans for central sewage and central water must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality; that street runoff is not to create a mosquito breeding problem; that it recommends the first one half inch of storm water be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that the engineers and architects involved with the design of this project should obtain current best management practices for storm water disposal and design a storm water management system that prevents groundwater and surface water degradation. 11. Larry Hansen, one of the Applicants, testified at the Planning and Zoning hearing substantially as follows. The property borders property owned by Lorin Saunders. If this application is approved, it is the Applicants' intention to work with Mr. Saunders to develop the property through the construction of duplexes, and, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. HANSEN with the Applicants' understanding of Mr. Saunders' intentions, extend Idaho Street westward. The extension of Idaho Street would intersect and pass through the property. Sewer and water services would be brought to the property through Idaho Street. He has received and read the comments submitted on this application. Mr. Hansen testified at the last City Council hearing that he agrees with the things that Mr. Saunders stated at his hearing before the City Council, which was just prior to his hearing. Therefore, it is found that the Hansens agreed with the same exact things that Mr. Saunders agreed to and his Findings of Fact are hereby incorporated herein as if set forth in full 12. In response to questions of Commissioner Borup, Mr. Hansen further testified. With reference to access to the property from Pine Street, he has not discussed with the Ada County Highway District such issue. However, he does not believe access from Pine Street in feasible because the access would come within 10 feet of the front door of his residence. If .the access was brought through on the 40 feet section, which the Applicants own and which is their driveway, such access would conflict with the use of their house. He does not have any intention of accessing the property from Pine Street. He recognizes that such access would be desirable, but he does not know whether it would be feasible. 13. In response to questions of Commissioner MacCoy, Mr. Hansen testified that he has received, read and has no problems with the comments on this application. With regard to the comments, there exist matters, which without the cooperation of Mr. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. HANSEN Saunders, would be very difficult to meet. The hope is that the Applicants and Mr. Saunders can make the development of their respective properties a joint effort and jointly meet the comments and requirements imposed. With regard to the proposed development of the property with the construction of multi-family dwellings, in the area there are multiple four plexes. The proposed development of the property would be compatible with the development of Mr. Saunders' property. 14. Vern Alleman testified substantially as follows in opposition to the application. His concerns pertain to an increase in the crime rate and other impacts which occur in a high density (R-15) development of property. He has spoken with several of his neighbors and not one of them are in favor of the R-15 zoning of the property. In view of his concerns and Mr. Saunders' intentions with regard to the development of his property, the zoning of the property .should be limited to R-8. 15. There were no other comments by the public regarding this Application at the Planning and Zoning hearing and the Applicants, nor the public, submitted specific testimony at the City Council hearings. 16. 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. 17. The property can presently be physically serviced with City water if the Applicants construct and install the necessary FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. HANSEN equipment and facilities; however, the property cannot be easily serviced by City sewer. The existing sewer in Pine Street may be too shallow to provide service to the property. The extension of the sewer in coordination with the development of Lorin Saunders property, located to the west of the property, could be a viable option to provide City sewer to the property. The Applicants would have to construct and install the necessary equipment and facilities for the extension of the City sewer to the property. 18. 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. 19. The R-15, Rural Low Density Residential District is described in the Zoning and Development Ordinance, 11-2-408 B 5. as follows: ~n-iii r~eaium bs.an Density Residential District: The purpose of the (R-15) District is to permit the establishment of medium-high density single-family attached and multi-family dwellings at a density not exceeding fifteen (15) dwelling units per acre. All such districts must have direct access to a transportation arterial or collector, abut or have direct access to a park or open space corridor, and be connected to the Municipal Water and Sewer systems of the City ~of Meridian. The predominant housing types in this district will be patio homes, zero lot line single-family dwellings, town houses, apartment buildings and condominiums. The R-8, Medium Density Residential District is described in the Zoning and Development Ordinance, 11-2-408 B 4. as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. AANSEN ~n-u- Meaium Density Residential District: The purpose of the (R-8) Districts is to permit the establishment of single and two (2) family dwellings at a density not exceeding eight (8) dwelling units per acre. This district delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two (2) family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal .Water and. Sewer systems of the City of Meridian is required. 20. 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, town houses, 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. 21. Section 11-9-605 M of the Zoning and Development Ordinance provides in part: 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. 22. 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. HANSEN • including the mailing of notice to owners of property within 300 feet of the external boundaries of the 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. 5. The Planning and Zonincj Commission and the Council may take judicial notice of government ordinances, and policies, and of the actual conditions existing within the City of Meridian and the state of Idaho. 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. The annexation application has been initiated by the Applicants, and is not upon the initiation of the City of Meridian. 8. As the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. HANSEN • annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d. 1075 (1983). 9. The development of annexed land must meet and comply with the Ordinances of the City of Meridian. 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; It shall additionally be subject to, and controlled, by the Conclusions of Law for the Saunders rezone Application and such are incorporated herein as if set forth in full; therefore the Applicant is required to construct town houses, and not duplexes on the property; and that a density of R-8 would compliment the area; it is further concluded, as a condition of the grant of the annexation, the development of this property shall be restricted to a minimum of townhouse dwellings at a density not exceeding eight dwelling units per acre. It i,s further concluded that, as a condition of the grant of annexation, the Applicant must meet ,and comply with the comments, recommendations and requirements of Bruce Freckleton, Assistant to the City Engineer, which comments, recommendations and requirements included, those set forth in the Conclusions of Law set forth in the Saunders Conclusions of Law, which are incorporated herein as if set forth in full, which include much of the following, but if there is conflict with the Conclusions of Law set forth in the Saunders Conclusions of Law, the Saunders Conclusions shall control. FINDINGS OF ,FACT AND CONCLUSIONS OF LAW - Page 11. HANSEN • 11. The City adopted the Comprehensive Plan at its meeting on January 4, 1994, and has not amended the Zoning and Development Ordinance to reflect the changes made in the Comprehensive Plan. Thus, uses may be called for or allowed in the Comprehensive Plan but the Zoning and Development Ordinance may not address provisions for the use. It is concluded that upon annexation, as conditions of annexation, the City may impose restrictions that are not otherwise contained in the current Zoning and Subdivision and Development Ordinances. 12. Although, pursuant to the application, the Applicants intend to develop a portion of the property with townhouse dwellings, the Applicants have not presented any specific plans concerning their intention for the development of the property. The property could be annexed and zoned (R-8) Medium Density Residential District, but once the property was zoned (R-8) Medium Density Residential District, the Applicants must place townhouse dwellings, with two car garages, that. comply with that R-8 zone and only done under the conditional use process for a planned unit development under the conditional use process. 13. Section 11-2-417 D of the Meridian Zoning And Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12. HANSEN • It is concluded, however, that it is .more appropriate for a development agreement to be entered into when plans for development of the property are determined and confirmed, and, therefore, as a condition of annexation a development agreement must be entered into prior to development of the property or issuance of final plat approval. 14. It is further concluded that upon annexation, as conditions of annexation, the Applicants shall be required to enter into a development agreement as authorized by 11-2-416 L, and that the development agreement shall address, among other things, the following: a. Inclusion into the development the requirements of 11-9-605; b. Payment by the Applicants, or if required, any successors in interest, assigns, heirs, executors or personal representatives, of any impact, development, or transfer fee, adopted by the City; c. Addressing the property access linkage, screening, buffering, transitional land uses and traffic study; d. An impact fee, or fees, for park, police, and fire services as determined by the City; e. Appropriate berming and landscaping; f. Submission and approval of any required plats; g. Submission and approval of individual building, drainage, lighting, parking, and other development plans of the property; h. Harmonizing and integrating the site improvements with the surrounding residential development and other development; i. Addressing the comments of the Planning & Zoning Administrator; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13. HANSEN • • j. The sewer and water requirements; k. Traffic plans and access into and out of any development; and 1. Any other items deemed necessary by the City Staff, including design review of all development, and conditional use processing. 15. It is concluded that the annexing and zoning of the property is in the best interests of the City of Meridian, and it is concluded that the annexation shall be conditioned on meeting the requirements of these Findings. of Fact and Conclusions of Law and if they are not met the land may be de-annexed. 16. The Council takes judicial notice of the following. When the Council approved and adopted the .Findings of Fact and Conclusions of Law and made its recommendations on Lorin Saunders' application for the rezone of the property, it concluded, as a condition of the grant of the zoning amendment, that the development of that property shall be restricted to a minimum of town houses at a density not exceeding eight dwelling units per acre. As the property is similarly situated to the property of Mr. Saunders, the Commission concludes that the imposition of the same condition as imposed with regard to Mr. Saunders' property is appropriate based upon conditions existing in the area. of the property and within the City of Meridian. It is, therefore, concluded, that, upon annexation, as conditions of annexation, the development of the property shall be restricted to a minimum of two-family town houses at a density not exceeding eight dwelling units per acre. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14. HANSEN • 17. The requirements of the Meridian City Engineer, Ada County Highway District, Meridian Planning and Zoning Administrator, Central District Health Department, the Nampa & Meridian Irrigation District and other governmental agencies shall be met and addressed in a development agreement. 18. All ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled, the property shall be subject to de-annexation. 19. Pressurized irrigation shall be installed and constructed, and if not so done the property shall be subject to de-annexation. 20. The Applicants 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. 21. The development of the property shall be subject to and controlled by the Zoning and Development Ordinance and the development agreement, and it shall only be developed under the conditional use process. 22. These conditions shall run with the land and bind the Applicants and their successors in interest, assigns, heirs, executors or personal representatives. 23. With compliance of the conditions contained herein, the annexation and zoning of the property as (R-8) Medium Density FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15. HANSEN Residential District would be in the best interest of the City of Meridian. 24. 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 Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions of Law. ROLL CALL COUNCILMAN MORROW COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN TOLSMA MAYOR CORRIE (TIE BREAKER) VOTED VOTED VOTED-~~ VOTED ,~~ v~ VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16. HANSEN ~ ~ DECISION The Meridian City Council hereby decides that the. property set forth in the application shall be annexed and zoned as R-8 under the conditions set forth in these Findings of Fact and Conclusions of Law, including that the Applicants or their successors in interest, assigns, heirs, executors or personal representatives enter into a development agreement, that the. property only be developed as a planned unit development under the conditional use process and that, upon annexation, as conditions of the annexation, the development of the property shall be restricted to a minimum of two-family townhouse dwellings at a density not to exceed eight dwelling units per acre. If the Applicants are not agreeable with these Findings of Fact and Conclusions of Law and are not agreeable with entering into a development agreement, the property should not be annexed. MOTION: `~ APPROVED: ~ DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17. HANSEN 6 I ~~~ ~ ~~~ ~ «l / 9 ~1 ~ ~~ ~71~~~0+' 9~ ~v-c.~Ce~i ~ ~ ~~~~ ~~ ~ ~.-~>~j ~~~ J U l i 5 1997 Meridian City Council July 1, 1997 Page 6 Morrows Mr. Mayor, point of discussion I guess what I would favor is seeing an R-8 zoning with the planned unit development put together. I think also if that is avenue that we choose to go we will need to do new findings of fact and conclusions. I know it has been some time since we last discussed this issue but if memory serves me there was substantial discussion by the public in the original presentation. We have been tabled three times awaiting Mr. Lee's presentation. So my preference would be the R-8 with the planned unit development concept. Corrie: Any further discussion Council? Rountree: That is my preference also, I think we get the concerns we have taken care and I think it probably addresses the flexibility that Mr. Saunder wants to have (inaudible). There are some advantages to the developer. (Inaudible) Saunders: I have no problem at all with it, we can come in with whatever you want. It sounds good to me, it looks to me like that would be able to make it so that we could put something together that was marketable as well as satisfy everyone's concerns. I think it would also be something that people down there would feel good about as well. So I don't have any problem with that request whatsoever. Corrie: With that in mind any comments from the Council? Morrow: Mr: Mayor I would move that we instruct the City Attorney to prepare new findings of fact and conclusions of law for the rezone of approximately 9.42 acres from R-4 to R-8 with a planned unit development. Bentley: Second Corrie: Motion made by Mr. Morrow, second by Mr. Bentley to go to R-8 with a PUD any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: TABLED JUNE 17, 1997: REQUEST FOR ANNEXATION AND ZONING OF APPROXIMATELY ONE ACRE TO R-15 BY LARRY AND KAY HANSON: Corrie: Is Larry or Kay or a representative here this evening? Hanson: I am Larry, I have nothing new to present. Scott, as you may have noticed on the plat that JUB prepared included our property in that. I wanted to state that like Lorin I will happily agree to R-8 and a planned unit development arrangement. Morrow: I have no discussion, I think the same issues apply. Meridian City Council July 1, 1997 Page 7 Rountree: I just want confirmation from Shari that there are no additional issues with this property. If we were to pursue and a PUD. Stiles: I don't have any as far as the rezone. Morrow. Mr. Mayor, that being the case I would move that we instruct the City Attorney to prepare findings of fact and conclusions of law. Crookston: I just want to reference that this is not a rezone this is an annexation and zoning. Corrie: Mr. Morrow you may proceed. Morrow. The motion would be that we instruct the City Attorney to prepare findings of fact and conclusions of law for a request of annexation and zoning of approximately one acre to R-8 by Larry and Kay Hanson with a Planned Unit Development. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to instruct the City Attorney to draw up new findings of fact and conclusions of law with a PUD on the annexation, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: AMENDED ORDINANCE #764 - PACKARD SUBDIVISION NO. 2 ANNEXATION: Corrie: Gary, did you have time to read this amended ordinance? Smith: I believe that my assistant Bruce Freckleton reviewed that and said it was okay. We started a process of sending a legal description to Wayne for inclusion into the ordinances that is stamped as approved and signed off by Bruce. I think you got that right Wayne for this ordinance? Crookston: That is correct but we did not get the legal description until yesterday at approximately 1:00. But Bruce and I have done that and he has reviewed the legal description and he says that it is fine. Corrie: AMENDED ORDINANCE #764, AN ORDINANCE OF .THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE NW'/4, SECTION 5, T.3N, R.1 E, B.M. ADA COUNTY, IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from the audience that would like to have Amended Ordinance #764 read in its entirety? • MERIDIAN CITY COUNCIL MEETING: July 1,1987 APPLICANT: LARRY S KAY HANSEN ITEM NUMBER; S REQUEST: REQUEST FOR ANNEXATION AND ZONING OF APPROX ONE ACRE TOR 1S AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLIDE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS ~ ~P old ~~h~ ~~~~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ~ ~ MERIDIAN CITY COUNCIL MEETING: June 17 1897 APPLICANT: LARRY A KAY HANSEN ITEM NUMBER; 2 REQUEST• REQUEST FOR ANNEXATION20NING TO R-15 AGENCY COMMENTS 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: ~~~~ ~~ OTHER: All Materials pn3sented at public meetings shall become property of the City of Meridian. RE~V~D J U ~! 1 7 1997 ~~ ~~ ~~~~ • 2101'E. USTICK PN.888-2~M '"~~, MERIDIAN, ID a3~42 ,~~ ~ ~ ~ `~ /~ bG~y~ ~c J ~,r~-cif-~~-~~ j ~~'7'`t °,1: `L~-.' ~~~-~',~-,~~ ,~' I~~~ ~ , Y ivy ~a~p~ , / Meridian City Council June 3, 1997 Page 3 ITEM #2: TABLED MAY 20,~ 1997: REQUEST FOR A REZONE OF APPROXIMATELY 9.42 ACRES FROM R-4 TO R-15 BY LORIN SAUNDERS: Corrie: Council, you have a request by letter by Mr. Saunders to table that to the June 17th meeting, do I have a motion? Morrow: So moved Bentley: Second Corrie: Motion made by Mr. Morrow, second _by Mr. Bentley to table item #2 until June 17th meeting, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: TABLED MAY 20, 1997: REQUEST FOR ANNEXATION AND ZONING OF APPROXIMATELY ONE ACRE TO R-15 BY LARRY & KAY HANSEN: Morrow: Mr. Mayor, since that is in conjunction. or running with item #2 the Saunders issue, I think it would be in their best interest that vve table that to the 17th also. Bentley: Second Corrie: Motion made by Mr. Morrow, second by Mr. Bentley to table item #3 until June 17th, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: TABLED MAY 20, 1997: ORDINANCE #760 -COMMISSIONS, BOARDS, COMMITTEES: Morrow. Mr. Mayor, I think that we did not address that at our last meeting pending some further action on both ordinances concerning Commissions, Boards, Committees and the Traffic Safety. I think it is the desire of the Council to take a look at those at our planning .session at the end of the month. So I would like to table item 4 and 5 to our July meeting for official action at that time. Rountree: Second Corrie: To the July 1St meeting? Morrow: Yes f ~ Meridian City Council May 20, 1997 Page 7 ITEM #2: TABLED MAY 6, 1997: REQUEST FOR A REZONE OF APPROXIMATELY 9.42 ACRES FROM R-4 TO R-15 BY LORIN SAUNDERS: Morrow: We are in receipt of a letter Council from Mr. Sanders requesting that he be put on the agenda for the June 3`d meeting (inaudible) would a motion to table to June 3`~ be appropriate? Tolsma: So moved Rountree: Second Morrow: It has been moved and seconded to table the request to rezone of 9.42 acres from R-4 to R-15 by Lorin Saunders to June 3`d, all those in favor? Opposed? MOTION CARRIED: All Yea Rountree: He has requested the rezone be to an R-8, so do we need to consider rehearing that? Crookston: Since it is a request to change the zoning which is a lesser use than the R- 151think we can go fon-ward with it on that R-8 basis. It is not clear whether the concept or his request is going to be R-8. He is clearly going to go with an R-8. I think at this juncture it would be best to leave it at the R-15 (inaudible) Morrow. We can deal with that in a meeting when he is here to present himself. ITEM #3: TABLED MAY 6, 1997: REQUEST FOR ANNEXATION AND ZONING OF APPROXIMATELY ONE CARE TO R-15 BY LARRY & KAY HANSEN: Morrow. It is my understanding that Shari has talked to them this was kind of dove tailed along with the Lorin Saunders project, Shari? Stiles: Councilman Morrow, Councilman. I did receive a call from Larry Hansen today and since he is trying to coordinate with Lorin Saunders he has asked that he be tabled also to June 3`d Morrow. Is there a motion to table to June 3`d~ Rountree: I move to table item #3 to June 3`d Tolsma: Second Morrow It has been moved and seconded to table item 3 to June 3`~, that being the request for annexation and zoning of approximately one acre to R-15 by Larry and Kay Hansen, all those in favor? Opposed? Meridian City Council May 20, 1997 Page 8 MOTION CARRIED: All Yea ITEM #4: ORDINANCE #760 -COMMISSIONS, BOARDS, COMMITTEES: Morrow. (Inaudible) had this presented at a strategic planning meeting when neither Mr. Rountree or Tolsma were present. Are we comfortable reviewing this ordinance or adopting it tonight. Bentley: I would like to motion to table this and take it back to our next strategic planning meeting. There are some errors in it and we need to get it corrected. Rountree: Second Morrow. It has been moved and seconded to item #4 Ordinance #760 to a date certain Mr. Bentley, June 3~d~ Bentley :Yes we should have it cleared up by then. Morrow. Okay, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: ORDINANCE #761 -TRAFFIC SAFETY COMMISSION Morrow. Are all the Council comfortable with this ordinance in the form that it is in? Mr. Bentley? Bentley: I have one question I would like to pose before Council. In our different sections we have members from the Ada County Highway District Commissioner or official, Meridian Police Chief, Joint Meridian Schoof district school administrator and one public works director. Do we want that to read as I read it or do we want to have it or their designee? Morrow. I think as I recall it was for their designee, we did not wish to have these people locked in to having to appear on that. They were to designate somebody. Bentley: That was my understanding, I think we should table this one until June 3`~ and get the "or designee" inserted in the proper location. Rountree: Can we amend this? Crookston: You can amend it and I can redo it. The reason the "or designee" on some of these it was because I had a discussion with Mayor Corrie and asked him about that. He said he wanted to leave it the way it is. We had one change or two changes but he • MERIDIAN CITY COUNCIL MEETING: Mav 20.1997 APPLICANT: LARRY ~ KAY HANSEN ITEM NUMBER; 3 REQUEST:REQUEST FOR A REZONE OF APPROXIMATELY 1 ACRE FROM R-4 TO R-15 AGENCY COMMENTS 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: ~p~/ ~v~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ~. 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'/ West Pine, Meridian, was sworn by the City Attomey. 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 Meridian City Council ~ • May 6, 1997 Page 17 recommended by an employee of the City that we apply for R-15. It seems to me that R-15 has become a hard spot and an issue and it wasn't our intent to have that density. It was at the suggestion of the City. Even if we were to put tri-plexes on here we would have R-7 or a 7 units per acre density. This drawing I showed also indicates our next door neighbors house and the fence line of his backyard. I have spoken with him about this development and he has no problem with this and suggested that he was in the hope that he could do a land swap with some land to the west of him because he is a pastor of the church and would like to increase his parking lot along Pine Street. Corrie: Any questions? Anyone else from the public that would like to issue testimony? Vern Alleman, 2101 East Ustick, Meridian, was sworn by the City Attorney. Alleman: I own property at 842 West Pine and oppose the proposed R-15. Maybe we have that solved in as much as he said he was willing to go with a 5 instead of, which would come within the boundaries of the R-8 which I would support. So, the reason I don't want, or wouldn't support an R-15 is because of the concerns that I expressed in Mr. Saunders which is the crime that type of development (inaudible) impacts the city's need for police, parks, recreation facilities, plus traffic problems. Also there is a problem with providing for the educational needs. I support an R-8 zone and I assume that there is no R-5 zone? So the five would come within the boundaries of the R-8 (inaudible). With the single story duplexes and single story one family residence this would lend to the likelihood these types of dwellings would be largely owner occupied. And then I support a six foot steel chain link fence on the north side of this property. Corrie: Thank you Vern, anyone else from the public that would like to issue testimony at this time? Council, any questions, discussion? Hearing none .I will close the public hearing, questions of staff? Morrow: I would like to hear Gary and Shari's comments Mr. Mayor. Smith: I don't have any other comments besides what was submitted. Stiles: I have no comments in addition to those that I have already made. Morrow. Mr. Mayor, as a point of discussion, I guess from my perspective since we are holding on Mr. Saunders application to see a better defined plan and since the access to this property is contingent upon incorporation within that plan I would tike to see that this is tabled until we see a good representation based on the Saunders application. I think basically these two are going hand in hand and we need to have the same criteria for both and we need to see how they are integrated together. So it would be my recommendation that we table until this can be presented along with a well defined Saunders plan and exactly how it fits in and access lines up. I certainly don't have a problem with the R-8 as opposed to R-15. ,- Meridian City Council • . May 6, 1997 Page 18 Bentley: Mr. Mayor, I would agree that these two items need to be tied together in some fashion and the R-8 is I think the zoning I think we need on this also. Rountree: I don't have anything more to add. Corrie: I will entertain a motion to that effect. Bentley: Mr. Mayor, I move we table the request for annexation and zoning of one acre by Larry Hansen until May 20. Rountree: Second Corrie: Motion made by Mr. Bentley, second by Mr. Rountree to table the request for annexation and zoning, item 5 until May 20th meeting, any further discussion? All those in favor? Opposed? MOTION CARRIED:. All Yea ITEM #6: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF APPROXIMATELY 4.26 ACRES TO L-O BY A'a LLC: Corrie: I will open the public hearing at this time and invite the representative from the A'a LLC to come forward. Roger Smith, 870 N. Linder Road, Suite B, Meridian, was sworn by the City Attorney. Smith: Mr. Mayor and Council members, I am representing this project which is essentially what you have before you. It is three professional office buildings which are on the southwest corner of Franklin and Eagle roads. This is intended to be a professional office use which is going to be a daytime strictly normal working hours 8 to 5 type operation. We have had several discussions with the Highway District which is probably our most significant concern right now. Which have resulted in reshaping the usable area for the lot. The Highway District has come down on a resolution just in the last few weeks that and we finally had a final copy of that at the end of last week which is going to take an extra 43 feet on the west side of Eagle Road which will cut into our property which was not an option that was every .previously discussed with the Highway District and the State transportation department. The highway district has also settled upon taking an additional 24 feet on Franklin Road side which has a taper. This all centers around a proposed urban interchange that is planned for that intersection and basically the 2015 budget. It is a significant distance in the future we feel we will be maintaining approximately 70 feet of landscaping between the building and the current edge of pavement on each side of the property for at least we consider to be approximately 20 years. To make this project as attractive as possible for the investors • MERIDIAN CITY COUNCIL MEETING:_ Mav 6.1997 APPLICANT: LARRY ~ KAY HANSEN ITEM NUMBER; 5 REQUEST: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 1 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: COMMENTS MINUTES FROM 3-11-97 P ~ Z SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: SEE ATTACHED COMMENTS ~~`'~ iv~ 20~ ~~~~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. 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'/z 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: 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"' 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 & Z~g Commission March 11, 1997 Page 44 MacCoy: How long have you had those in your hand? Hansen: Since yesterday afternoon. MacCoy: I take it now that you have read them. Hansen: Yes I read them yesterday evening and again this afternoon. MacCoy: Do you have any problem with any of those? Hansen: No I don't. MacCoy: I noticed several things in here that I thought might give you a question, but if you have taken care of it fine. Hansen: There are things that I think would be very difficult to execute in the absence of cooperation of Mr. Saunders. But I believe, the hope is that we can make this a joint effort. I think that we can satisfy these requirements jointly. MacCoy: You are talking about doing multi-family living in the area in the future. In your immediate neighborhood are there other buildings of that type? Hansen: Yes there are, on 7th and 8th Street between Broadway, Idaho and Pine there are multiple. four plexes. MacCoy: So you would fit right in, in other words. Hansen: With the property that borders Mr. Saunders property. MacCoy: I don't have anymore questions. Borup: One final one, I assume you will be splitting off your house from the development, (inaudible) Hansen: No I haven't, one issue is the fact that Idaho would have to jog due to the fact If it continued straight beyond my west property boundary it would go straight through my next door neighbors home. So it would have to jog towards the south. So, I think given that, that is going to affect what sort of lot I will end up with on the south side of Idaho versus the north side. My house, presently my house is at the northern most edge of our acre and it is a 960 square foot home. The remainder of the lot is vacant. It is pretty much an open book. Johnson: Anyone else from the public that would like to address the Commission? Meridian Planning & Z~g Commission March 11, 1997 Page 45 Vern Alleman, 2101 East Ustick, Meridian, was sworn by the City Attorney. Alleman: I have the same concerns. about this zoning of this property to R-15 as I stated before concerns crime and so .forth. When I say before. I had the same comments in regard to the Saunders property. As I stated before crime and so forth that comes with this dense of a population. I have talked to several of my neighbors and have not found anyone in favor of this R-15 zone. In view of this and Mr. Saunders indication on this property that he felt he could make R-8 zoning work I feel this should be limited to an R-8. And personally I don't understand a lot about where he has indicated he can do it why don't we zone it for R-8. It seems (inaudible) so that is my comment. Johnson: Thank you Vern, I appreciate it. Is there anyone else? At this time I will close the public hearing. MacCoy: Mr. Chairman, I move we have the Attorney prepare findings of fact and conclusions of law for this project. Borup: Second Johnson: Moved and seconded we have the City Attorney prepare findings of fact and conclusions of law, all those in favor? ,Opposed? MOTION CARRIED: All Yea ITEM #16: REQUEST FOR A CONDITIONAL USE PERMIT FOR A GENERAL COMMERCIAL USE BY HUNTER INVESTMENTS INC.: Johnson: I will now open the public hearing. Howard Foley, 2875 Autumn Way, Meridian, was sworn by the City Attorney. Foley: We have submitted the application, I am sure the Commission is familiar with it, I won't take time to review it. In terms of the comments we received from the City we have the following responsive comments or concerns. One of them and I am not sure whether it is standard indicates that the Zoning Administrator will provide a statement if requested as to whether this conditional use required. Rather than just try to be obstinate about it that might be appropriate, we are in old town. There are just a lot of things .that have gone on in old town and the building that we are dealing with which is to the-North of the Sunrise and to the south of the Nazarene Church has been Popcorn Alley and its original construction was the original telephone building in Meridian. It is kind of a guess for all of us and I don't mean any offense to anybody but it truly is a guess to all of us as to whether we can have unlimited commercial use which has been in that building historically or whether we should have office use or what we should do. OFFICIALS • • CO C HUB OF TREASURE VALLEY UN IL MEMBERS WILLIAM G. BERG, JR., City Clerk A Good Place to Live WALT W. MORROW, President JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer CITY OF MERIDIAN RONALD R. TOLSMA EE C BRUCE D. STUART, Water Works Supt. GLENN R. BENTLEY JOHN T SHAWCROFT, waste water supt. 33 EAST IDAHO DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P 8 Z Administrator MERIDIAN, IDAHO 83642 P & Z COMMISSION PATTY A. WOLFKIEL, DMV Supervisor Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON Chairman KENNETH W. BOWERS, Fire Chief Public WorksBuilding Department (208) 887-2211 W.L. "BILL" GORDON Police Chief , TIM HEPPER , Motor Vehicle/Drivers License (208) 888-4443 WAYNE G. CROOKSTON, JR., Attorney JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor TO: Planning & Zoning Commission, Mayor & Council FROM: Bruce Freckleton, Assistant to City Engineer C~ Shari Stiles, P&Z Administrator ~~ DATE: March 6, 1997 SUBJECT: Request for Annexation and Zoning of 1 Acre to R-15 by Larry Hansen Following are comments to be considered during your review of this project: Provide a legal description of the property prepared and stamped by an Idaho Registered Land Surveyor per City Resolution 158. 2. 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. 3. 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. 4. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. 5. The treatment capacity of the Meridian Wastewater Treatment Plant is currently being evaluated. Approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this proposed development. Sanitary sewer to this site will not be a simple task. Existing sewer mains in Pine Street are shallow and may not be able to provide service to the site. Extensions through Idaho Street, in coordination with the Lorin Saunders development, could be a viable alternative. Water could be provided via existing mains in Pine Street. Applicant will be responsible to construct the sewer and water mains to and through any proposed development. The designer of any future development is to coordinate main sizing and routing with the Meridian Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of roadway • P&Z Commission/Mayor & Council March 6, 1997 Page 2 centerlines. Water lines shall be located on the north and east sides of roadway centerlines. 6. This request for annexation and zoning of R-15 would appear to be compatible with the surrounding uses, provided buffering of adjacent single-family homes is included in development plans. Several single-family homes have been split off along Pine Street, and this property has no frontage. The Applicant does, however, own a separate, 40-foot- wide parcel of land fronting on Pine Street to allow access to the parcel. It would be desirable for a planned development to incorporate this access. Idaho Avenue will need to be extended to the westernmost property boundary in accordance with Ada County Highway District standards, with five-foot-wide sidewalks on both sides. Provide SO-foot radius paved temporary turnarounds at any proposed stub streets. 7. Applicant proposes zoning of R-15. All developments within the R 15 zone must have direct access to a transportation arterial or collector, abut or have direct access to a park or open space corridor, and be connected to the Municipal Water and Sewer systems of the City of Meridian. No information has been submitted to substantiate conformance with these requirements. 8. In the R-15 zone, minimum lot size is 2,400 square feet per dwelling unit. Any duplex units would be required to have atwo-car garage for each unit. Single-family detached housing would require a minimum 1,301-square-foot house size. Duplex units would require a minimum of 800 square feet per unit, exclusive of garage. 9. A development agreementJdetailed conditions of approval are required as a condition of annexation. Because of the numerous issues involved, and as no uses or site plan are shown for the property, annexation should not be considered without the requirement that all uses, regardless of whether or not permitted in the R-15 zone, are to be developed under the conditional use permit process. The Applicant should coordinate plans with Lorin Saunders, a contiguous property owner, for a planned unit development. 10. Further conditions will be examined when the application(s) for conditional use permit/plat are submitted. If planned correctly, this could be an excellent in-fill development project. No splitting of parcels will be permitted without going through the platting and recording process. • BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION LARRY A. AND KAY M. HANSEN APPLICATION FOR ANNEXATION AND ZONING SOUTH OF PINE STREET AND WEST OF 8TH. 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, Larry Hansen, 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 is incorporated herein as if set forth in full. The property is approximately one acre in size. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. HANSEN • • 3. The applicants are the owners of record of the property. 4. The property is presently zoned by Ada County as RT, Rural Transitional. Pursuant to the application, the northern one- quarter acre of the property is used as the residence of the applicants, and the southern three-quarters acre of the property is vacant pasture land. The applicants request the property be zoned (R-15), Medium High Density Residential District. The applicants have requested the annexation and this zoning, and the application is not at the request of the City of Meridian. 5. Pursuant to the application, the northern one-quarter acre of the property shall continue to be used as the residence of the applicants. The southern three-quarters acre of the property shall be developed for multi-family dwellings such as duplexes and fourplexes. 6. The property is located off of Pine Street and west of 8th Street, and is in close proximity to existing homes and residential areas. 7. 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. 8. 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. HANSEN a. The applicants need to of the property prepared Registered Land Surveyor per • provide a legal description and stamped by an Idaho City Resolution 158; b. 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; c. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation; d. Water service to this development is contingent upon positive results from a hydraulic analysis by the City's computer model; e. The treatment capacity of the Meridian Wastewater Treatment Plant is currently being evaluated. Approval of this application needs to be contingent upon the City's ability to accept the additional sanitary sewage generated by this proposed development. Sanitary sewer to this site will not be a simple task. Existing sewer mains in Pine Street are shallow and may. not be able to provide service to the site. Extensions through Idaho Street, in coordination with the Lorin Saunders development [to the east of the property], could be a viable alternative. Water could be provided via existing mains in Pine Street. The applicants will be responsible to construct the sewer and water mains to and through any proposed development. The designer of any future development is to coordinate main sizing and routing with the Meridian Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of roadway centerlines. Water lines shall be located on the north and east sides of roadway centerlines; f . This request for annexation and zoning of R-15 would appear to be compatible with the surrounding uses, provided buffering of adjacent single-family homes is included in development plans. Several single-family homes have been split off along Pine Street, and this property has no frontage. The applicants do, however, own a separate 40 feet wide parcel of land fronting on Pine Street to allow access to the parcel. It would be FINDINGS OF. FACT AND CONCLUSIONS OF LAW - Page 3. HANSELd • • desirable for a planned development to incorporate this access. Idaho Avenue will need to be extended to the westernmost property boundary in accordance with Ada County Highway District standards, with five feet wide sidewalks on both sides. The applicants are to provide 50 feet radius paved temporary turnarounds at any proposed stub streets; g. All developments within the R-15 zone must have direct access to a transportation arterial or collector, abut or. have direct access to a park or open space corridor, and be connected to the Municipal water and sewer systems of the City of Meridian. The applicants have submitted no information to substantiate conformance with these requirements; h. In the R-15 zone, minimum lot size is 2,400 square feet per dwelling unit. Any duplex units would be required to have a two-car garage for each unit. Single- family detached housing would require a minimum size of 1,301 square feet. Duplex units would require a minimum of 800 square feet per unit, exclusive of a garage; i. A development agreement/detailed conditions of approval are required as a condition of annexation. Because of the numerous. issues involved, and as no uses or site plan are shown for the property, annexation should not be considered without the requirement that all uses, regardless of whether permitted in the R-15 zone, are to be developed under the conditional use permit process. The applicants should coordinate plans with Lorin Saunders, a contiguous property owner, for a planned unit development; and j. Further conditions will be examined when the application(s) for conditional use permit/plat are submitted. If planned correctly, this property could be an excellent in-fill development project. No splitting of parcels will be permitted without going through the platting and recording process. 9. The Meridian Fire Department, Meridian City Police Department, and Nampa & Meridian Irrigation District submitted comments which respective comments are incorporated herein as if set forth in full. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. HANSEN • 10. Central District Health Department submitted comments which comments are incorporated herein as if set forth in full. Its comments included that after written approval from appropriate entities are submitted, it can approve this proposal for central sewage and central water; that plans for central sewage and central water must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality; that street runoff is not to create a mosquito breeding problem; that it recommends the first one half inch of stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that the engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. 11.. Larry Hansen, one of the applicants, testified substantially as follows. The property borders property owned by Lorin Saunders. If this application is approved, it is the applicants' intention to work with Mr. Saunders to develop the property through the construction of duplexes, and, with the applicants' understanding of Mr. Saunders' intentions, extend Idaho Street westward. 'The extension of Idaho Street would intersect and pass through the property. Sewer and water services would be brought to the property through Idaho Street. He has received and read the comments submitted on this application. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. HANSEN • • 12. In response to questions of Commissioner Borup, Mr. Hansen further testified. With reference to access to the property from Pine Street, he has not discussed with the Ada County Highway District such issue. However, he does not believe access from Pine Street is feasible because the access would come within 10 feet of the front door of his residence. If the access was brought through on the 40 feet section, which the applicants own and which is their driveway, such access would conflict with the use of their house. He does not have any intention of accessing the property from Pine Street. He recognizes that such access would be desirable, but he does not know whether it would be feasible. 13. In response to questions of Commissioner MacCoy, Mr. Hansen testified. that he has received, read and has no problems with the comments on this application. With regard to the comments, there exist matters, which without the cooperation of Mr. Saunders., would be very difficult to meet. The hope is that the applicants and Mr. Saunders can make the development of their respective properties a joint effort and jointly meet the comments and requirements imposed. With regard to the proposed development of the property with the construction of multi-family dwellings, in the area there are multiple fourplexes. The proposed development of the property would be compatible with the development of Mr. Saunders' property. 14. Vern Alleman testified substantially as follows in opposition to the application. His concerns pertain to an increase in the crime rate and other impacts which occur in a high density FINDINGS OF FACT AND CONCLUSIONS OF-LAW - Page 6. HANSEN • (R-15) development of property. He has spoken with several of his neighbors and not one of them are in favor of the R-15 zoning of the property. In view of his concerns and Mr. Saunders' intentions with regard to the development of his property, the zoning of the property should be limited to R-8. 15. There were no other comments by .the public regarding this application. 16. 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. 17. The property can presently be physically serviced with City water if the applicants construct and install the necessary equipment and facilities; however, the property cannot be easily serviced by City sewer. The existing sewer in Pine Street may be too shallow to provide service to the property. The extension of the sewer in coordination with the development of Lorin Saunders' property, located to the west of the property, could be a viable option to provide City sewer to the property. The applicants would have to construct and install the necessary equipment and facilities for the extension of the City sewer to the property. 18. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. HANSEN '~ .. • 19. The R-2, Rural Low Density Residential District is described in the Zoning and Development Ordinance, 11-2-408 B 5. as follows: (R-151 Medium High Density Residential District: The purpose of the (R-15) District is to permit the establishment of medium-high density single-family attached and multi-family dwellings at a density not exceeding fifteen (15) dwelling units per acre. All such districts. must have direct access to a transportation arterial or collector, abut or have direct access to a park or open space corridor, and be connected to the Municipal Water and Sewer systems of the City of Meridian. The predominant housing types in this district will be patio homes, zero lot line single-family dwellings, townhouses, apartment buildings and condominiums. 20. 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. 21. Section 11-9-605 M of the Zoning 'and Development Ordinance. provides in part: 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. 22. Proper notice was given as required by law and all procedures before the Planning and Zoning Commission were given and followed. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. HANSEN 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 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 not~.ce and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian.. 5. The Planning and Zoning Commission and the Council may take judicial notice of government ordinances, and policies, and of the actual conditions existing within the City of Meridian and the state of Idaho. 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. The annexation application has been initiated by the applicants, and is not upon the initiation of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. HAPISEN 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 development of annexed land must meet and comply with the Ordinances of .the City of Meridian. 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. The City adopted the Comprehensive Plan at its meeting on January 4, 1994, and has not amended the Zoning and Development Ordinance to reflect the changes made in the Comprehensive Plan. Thus, uses may be called for or allowed in the Comprehensive Plan but the Zoning and Development Ordinance may not address provisions for the use. It is concluded that upon annexation, as conditions of annexation, the City may impose restrictions that are not otherwise contained in the current Zoning and Subdivision and Development Ordinances. 12. Although, pursuant to the application, the applicants intend to develop a portion of the property with multi-family dwellings such as duplexes and fourplexes, the applicants have not presented any specific plans concerning their intention for the development of the property. The property could be annexed and zoned (R-15) Medium High Density Residential District, but once the property was zoned (R-15) Medium High Density Residential District, the applicants could place different uses on the property without FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. HANSEN • additional approval from the City other than building permits, which limits the control that the City should have over the development and the uses of the property due to the mandates of the Comprehensive Plan. It is, therefore, concluded, as a condition of annexation and zoning, that any use or development of the property shall only be allowed under the conditional use process. 13. Section 11-2-417 D of the Meridian Zoning And Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. It is concluded, however, that it is more appropriate for a development agreement to be entered into when plans .for development of the property are determined and confirmed, and, therefore, as a condition of annexation a development agreement must be entered into prior to development of the property or issuance of final plat approval. 14. It is further concluded that upon annexation, as conditions of annexation, the applicants shall be required to enter into a development agreement as authorized by 11-2-416 L, and that the development agreement shall address, among other things, the following: a. Inclusion into the development the requirements of 11-9-605; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. HA1`ISEN • b. Payment by the applicants, or if required, any successors in interest, assigns, heirs, executors or personal representatives, of any impact, development, or transfer fee, adopted by the City; c. Addressing the property access linkage, screening, buffering, transitional land uses and traffic study; d. An impact fee, or fees, for park, police, and fire . services as determined by .the City; e. Appropriate berming and landscaping; f. Submission and approval of any required plats; _ g. Submission and approval of individual building, drainage, lighting, parking, and other development plans of the property; h. Harmonizing and integrating the site improvements with the surrounding residential development and other development; i. Addressing the comments of the Planning & Zoning Administrator; j. The sewer and water requirements; k. Traffic plans and access into and out of any development; and 1. Any other items deemed necessary by the City Staff, including design review of all development, and conditional use processing. 15. It is concluded that the annexing and zoning of the property is i n the best interests of the City of Meridian, and it is concluded that the annexation shall be conditioned on meeting the requireme nts of these Findings of Fact and Conclusions of Law and if they a re not met the land may be de-annexed. 16. The Commission takes judicial notice of the following. When the Comm ission approved and adopted the Findings of Fact and Conclusions of Law and made its recommendations to the City Council FINDINGS OF FACT AND CONCLUSIONS OF-LAW - Page 12. HANSEN for Lorin Saunders' application for the rezone of the property, it concluded, as a condition of the grant of the zoning amendment, that the development of that property shall be restricted to a minimum of two-family dwellings (duplexes) at a density not exceeding eight dwelling units per acre. As the property is similarly situated to the property of Mr. Saunders, the Commission concludes that the imposition of the same condition as imposed with regard to Mr. Saunders' property is appropriate based upon conditions existing in the area of the property and within the City of Meridian. It is, therefore, concluded, that, upon annexation, as conditions of annexation, the development of the property shall be restricted to a minimum of two-family dwellings (duplexes) at a density not exceeding eight dwelling units per acre. 17. The requirements of the Meridian City Engineer, Ada County Highway District, Meridian Planning and Zoning Administrator, Central District Health Department, the Nampa & Meridian Irrigation District and other governmental agencies shall be met and addressed in a development agreement. 18. All ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled, the property shall be subject to de-annexation. 19. Pressurized irrigation shall be installed and constructed, and if not so done the property shall be subject to de-annexation. 20. The applicants shall be required to connect the property to City water and sewer, extend the water and sewer lines to serve FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13. HANSEN • 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. 21. The development of the property shall be subject to and controlled by the Zoning and Development Ordinance and the development agreement, and it shall only be developed under the conditional use process. 22. These conditions shall run with the land and bind the applicants and their successors in interest, assigns, heirs, executors or personal representatives. 23. With compliance of the conditions contained herein, the annexation and zoning of the property as (R-15) Medium High Density Residential District would be in the best interest of the City of Meridian. 24. If these conditions of approval are not met, the property shall not be annexed or if already annexed, it shall be de-annexed. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14. HANSEN • 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 BORUP VOTED COMMISSIONER OSLUND VOTED G`-~ COMMISSIONER MACCOY VOTED - COMMISSIONER MANNING VOTED CHAIRMAN JOHNSON (TIE BREAKER) VOTED FINDINGS OF FACT AND CONCLUSIONS OF-LAW - Page 15. HANSEN 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, including that the applicants or their successors in interest, assigns, heirs, executors or personal representatives enter into a development agreement, that the property only be developed under the conditional use process and that, upon annexation, as conditions of the annexation, the development of the property shall be restricted to a minimum of two-family dwellings (duplexes) at a density not to exceed eight dwelling units per acre. If the applicants are not agreeable with these Findings of Fact and Conclusions of Law and are not agreeable with entering into a development agreement, the property should not be annexed. MOTION: APPROVED:" \f / DISAPPROVED: QI `'6 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16. HANSEN • HUB OF TREASURE VALLEY WILLIAM G. BERG, JR., Clty Clerk JANICE~L. GASS, City Treasurer GARY D. SMITH, P.E., Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Adminlstrator PATNA. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Flre Chief W.L. "BILL" GORDON, Pollee Chief WAYNE G. CROOKSTON, JR., Attorney ROBERT D. CORRIE Maya COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & 2 COMMISSION JIM JOHNSON, Chalrrnan KEITH BORUP JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8 Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: WII Berg, City Clerk by: March 4. 1997 TRANSMITTAL DATE: 1/25/97 HEARING DATE: 3/11/97 REQUEST: AnnexatioNZonina of aaarox. one acre .to R-15 BY: Larry ~ Kav Hansen LOCATION OF PROPERTY OR PROJECT: NW 9th and Pine Avenue 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 OFFlCE (PRELIM. 8~ 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 (PRELIM. & FlNAL PLAT) INTERMOUNTAIN GAS (PRELIM. ~ FINAL PLAT) BUREAU OF REC N (PRELIM. & FlNAL PLAT) CITY FlLES OTHER: ~ ' YOUR CONCISE REMARKS: A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • FAIL (~) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 FE827 x.91 ttrY OF ~[EIt1DUN A ~~ k~~s 4~.M n v. t; t~ WILLIAM G. BERG, JR., Clty Clerk ' JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P 8 2 Adminlstrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Flre Chlef W.L. "BILL" GORDON, Pollee Chlef WAYNE G. CROOKSTON, JR., Attorney ROBERT D. CORRIE Mayes GOUNGIL R!ER!B R.R WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman KEITH BORUP JIM SHEARER GREG OSLUND MALCOLM MACCOY 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: Annexation2onin4 of aaprox. one acre to R-15 BY: Larry ~ Kav Hansen LOCATION OF PROPERTY OR PROJECT: NW 9th and Pine Avenue 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 HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888.4433 • FAX (208) 887.4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers Liceese (208) 888443 \, MERIDIAN SCHOOL. DISTRICT MERIDIAN POST OFFICE (PRELIM. & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. 8~ FINAL PLAT) U.S. WEST (PREEN. ~ FINAL PLAT) INTERMOUNTAIN GAS (PRELIM. 8 FINAL PLAT] BUREAU OF RECLAMATION (PRELIM. & FINAL PLAT) CITY FlLES OTHER: ~. ~ ~ r9 ` ~~ YOUR CONCISE REMARKS: y ~--ti- Ni>~J o x ~ s t~,l e ~J G c SUSAN S. EASTLAKE, President GARY E. RICHARDSON, Vice President SHERRY R. HUBER, Secretary March 17, 1997 Larry and Kay Hansen 935 1~2 W. Pine Avenue Meridian, Idaho 83642 Re: Staff Level Approval MA-03-97 Facts and Findings: 9th St and Pine Ave RT to R-15 A. The Ada County Highway District (ACHD) staff has received the above referenced application requesting annexation from RT to R-15. The 1-acre site is located on the south side of Pine Avenue, approximately 300-feet west of 8th Street. Development of this site is estimated to generate 96 total additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. ' B. The parcel abutting the applicant's eastern and southern property lines was reviewed (MRZ-1- 97) and approved by the Ada County Highway District's Commissioners on February 12, 1997, for the same zoning classification of R-15. That report contained the following Fact and Finding: To maintain intra-neighborhood connectivity, staff recommends that the grid system be continued through this site by extending Idaho Avenue and Broadway Avenue from the site's east boundary to the site's west boundary. Additional north-south roads may be constructed as needed. District policy requires the residential streets to be constructed as 37 foot street sections with curb, gutter and S foot wide sidewalks within SO feet of right-of--way. The subject applicant should coordinate with the applicant to the east in order to continue the grid system that was required of their site. C. The application and site plan received by the City of Meridian and submitted to the District on February 28, 1997, have been reviewed by the ACRD Development Services staff and conforms to applicable District standards/policy, or can be made to conform with the change(s) to the plan described in the requirements stated below. ada county highway district 318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7680 • • This item will not be heard by the ACHD Commission unless the site plan is changed in such a manner as to not conform with District standards/policy or an appeal of the Development Services staff decision is submitted as described within the Standard Requirements outlined below. If the rezone is 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. Continue the grid system through this site by extending Idaho Avenue from the site's east boundary to the site's west boundary, or any other approved street circulation system. District policy requires the residential street to be constructed as 37-foot street sections with curb, gutter and 5-foot wide sidewalks within 50-feet of right-of--way. Coordinate with the applicant to the east in order to continue the grid system that was required of their site. 2. 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 number) for details. In accordance with District policy, stub streets to the undeveloped parcels abutting this site may be required upon review of a future application for this site. 4. Access to Pine Avenue will be reviewed upon submittal of a specific site plan. Standard Requirements: 1. This decision of the Development Services Supervisor may be appealed to the Ada County Highway District Commission by the applicant or by an owner of property within 300-feet of the parcel within 15 calender days from the date of this report. The request shall specifically identi each requirement to be reconsidered and include a written explanation of why such a rgquirement would result in a substantial hardshiF or inequity The request will be heard by the District Commission at an evening meeting within 20 calender days of the District's receipt of the appeal letter. The appellant will be notified of the date and time of the Commission meeting. 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 specifically MA0397.SLA Page 2 • • identi , each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of it's 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. 3. 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. 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. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 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. 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. 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 Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. MA0397.SLA Page 3 • Conclusion of Law: 1. 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 ACRD Development Services staff at 345-7662. Sincer ly, ~L a ry Sale Development Services Supervisor cc: Project file Lead agency MA0397.SLA Page 4 • ~ \ ~ ,. i•- ~ STATE ST ' t uf.btUOl10? I ~ [~ 1 11 i In.l.l.•crli ur.l _ `~ ~ ~' _ _ ~ ; II ~ _,~__ u[ _ -,.r. . Iii ] n1.t.Wln]o t~'J 1111 A.10l1C 72 ~ [ , J ~ .• '. . I ~ ~ ' ~ I ' ..:A ,, ;~FAI ~ ~ y. ' ~ 1111408002. I - [ n •• _ _ I ~~ t't ~~_. ' [ ~ v, e ; ln~Nnl. W C(/1FiINDI, ...~`~ i~ ut44on0oc•,1 ti .' , Ir~..'r~[L~M1I o. o I. nt_ t'1•.li~~.~" I _~.~ . I ~- i.', ~ ~1. :7i'•IA 111' nr ~a I ~ I St: t.:: 4 ntanouahl ~ „' I ~ .. 1 ,t rt ^ W PINE AVE -- -- - r. i~ ~ 1 --1 in1,27`.r00,G0 i 1 I ,•C i I ~ ~ I 1 I t l I ... Lr •~ I fya . 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Fl~r ` ,' ~F ' r,l-` ~~,_7JERALLY . ~(~(;Aili;(;~F11`:lP;l;•, li (..,~-•;Irll I,~ ~'f1ESENTA ~UR':IEY r' I' - ,J;~,~_~QRAPJY ~;FPP~r:SE~ITr''_'n = ' I'I ~ .;,- ,i 111 ~ ~' I~ SHOWN I I~ TAVLfl11 AVE ' . ~ .~ 71 v , - y, r ___ i --_~.. v ~- I Q 3 .a; - . ,~ -~ ~ r-1 ~1 `0 i~; T Qr _ I ~ ~~ .~ I - ~I s ' I ~ - -~-p I .s -G ~ ~ ~ I a _ ~ 1' _ - I- - y--~ H1L 153M ~N -- ---- ~- N 1, n I,~ ( Qabl ~C~~~S~~ ~ 51~~4~ o .i l~--xy~/e~-7OtlOmmM98 N n I rn ~ I ~ ~y r I a0 N - - - '._ilJ '~' LiJ L ~ ~ Z1 i c~ ~ ~ /~1 g 5 ~~ ~f'T I c' l 0 ~ IU ~ I m \ ~ o ~ ~ ~ 1• I P ;i ~ I ~ 1 ~ ~ O I c n ~o ~- I m _-,-. __ • ~ ~ .W 9th' ~ ~ N ~ ~ N ~ - i r ~ , ~ N r ~I O ° ^ ~ . I ..... ~ ~ ~~ p i ` ~~ ~' o ~ I /. II 9 I P a ~ ,o ~ ^ 1 ~~ .~;. • ^ .v Ay 1,l I l 31 ~~~ ' . d'- ; ~ ~ ~ ~ o ir_ J ~ 1 ~ v, 1 N n ~D Z 7I.~ `~ S . _aJ N r- , WI r la I o - N Q~ J I • I , ^ , J : ~'c~:> ~S3M 133aLS ~1'H~ ---~ 1 I "' a- I I O I n I N ^ Z j <~ ~> _ I ~+ i I I~ ~ ~c _` .i 9NIHSVrn Z ~CO ~~_. 1 I J c0 I ~~ i -~ I tT- ~ ~ 'V 7,s~ •~~R~• \v\/ ~' t~/ ~~ * ~~ .~ I '~ 'h .~ Imo- _ t h \ ~ ,.. • ~ eN • k ~~--- - v v ~ ~V _~ ~+ O J ti ¢ o~ o~ ~ ~ ~ Z ~ Q r-n _ _ _ ._ ___ y wi I 1 L l 1 1 ~ ~- ~ \/~/~ ~ ,M , ~ T .. - ~ Q ~ 2 / ~ c 7 I, ~~ ~ - ~ ~ ~ ~: m ;v i t <Q ~~, J . ~ 3 --- _ -ice ~ ~. __ \- i - - ~ ---" - - - - - ~ I - J 'I 7 °r ---- AI j _I~ I I r~ •I ' 1 u ~ ~ ~ ' ~ ~ ~ 4 1 S C'~NTRAL C •• DISTRICT pR'HEALTH DEPARTMENT Rezone # Conditional Use # Preliminary /Final /Short Plat ~~ 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 .lamcentral water ,~ 10. Street Runoff is not to create a mosquito breeding problem. ^ I I. Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rules. ^ Groundwater Protection ^ 12. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 14. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store p~ ,~ 15. ~'O/~i lnr~" ~2 /Ll~1f-G~iyc~ ~',~Cf~,Mi7~1~it~7a~S Date: 02 / 0~0 / F7 fl-~`rC~7j Reviewed By: ~ Review heet CDND 10/91 rcb, rev. I/9S DISTRICT HEALTH DEPAR11~fENT Environmental Health Division f 4'.. CENTRAL • 1• DISTRICT 'HEALTH DEPARTMENT MAW ORICf ~ 107 N. AI~tSTRONC PL • 801SE. ID. 83104 ~ 3155211. F/1X ~,~ Zb pr+eot+u and that dix~aae and diaabiiity; to proamts ~attlyl ~ and m 1 ~ the hs~oltlt and quality of our laic. S'TORMWATER MANAGEMENT RECOMMENDATIONS We recommend that the first one half inch of stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: ,~) GUIDELINES FOR TREATMENT AND DISPOSAL OF STORMWATER RUN OFF. Idaho Division of Environmental Quality, Southwest Idaho Regional Office, September 1995. 2) STORMWATER MANAGEMENT b~IANUAL FOR THE PUGET SOUND, State of Washington Department of Ecology, February 1992. 3) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND SITE DRAINAGE MANAGEMENT. s~ vau~y, s~ ana ~ countfa va1r~, caaM ~ Ado ~ IeM CaanM Gin wrc ~a:. • Wdaoe e~ns uoer+ Ana. earn ore. 590 E ~ SMM K guo~. easih ale. d tnrMarnMrai tMar+ P.G 0a ~ a ~ ~ c 7m K,~.~ronpa o o eo:. Mouton Non». a. Laos d+r..r a . a Me ~ y•~ivr eoi.. a ~ baio. ~Narh 1Z7•~~ . . 81106 vR 3a~uS6 eJeu R~ sel~+~l Mahan r+om.. 0. also vti se7~as fan+i~r par+r+a m•~roo >z~ M«iaon. a .,,,,..,~.,..,,,,.. n~.uyf e1e~ ~ eebebzs • HUB OF TREASURE VALLEY WILLIAM G. BERG, JR., Clty Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Perks 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 to Live CITY OF MERIDIAN 33 EAST IDAHO ~ ~ (~ r MERIDIAN, IDAHO 8364 lJ L~ (208) 888.4433 • FAX (208) 887.4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivets License (208) 888-4443 ROBERT D. CORR~ GOUNGIL MEMBERc WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY JIM JOHNSON, Chairman KEITH BORUP JIM SHEARER GREG OSLUND MALCOLM MACCOY Mayor NAM~A ~ MEwRIDIAN IRRIGATION ©ISTRICT 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, plea ,e submit ycur comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: March 4. 1997 TRANSMITTAL DATE: 1/25/97 HEARING DATE: 3h1/97 REQUEST: Annexation/Zoninal of aaarox. one acre to R-15 BY: Larry & Kav Hansen LOCATION OF PROPERTY OR PROJECT: NW 9th and Pine Avenue JIM JOHNSON, P2 MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P2 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. (PRELIM. & FINAL PLAT) WALT MORROW, C/C U.S. WEST (PRELIM. & FINAL PLAT) GLENN BENTLEY, C/C INTERMOUNTAIN GAS (PRELIM. & FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION (PREEN. ~ 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 IRRI ATION DISTRICT HAS NO COMMENT_ON THE ABOVE REFEREN D A .Tr.ATION. T ,..,.,..,,..., ~IT.T. HF.NSnN_ ASST WeTtau STTPFAT*Tm~'nrn~t~m NAMPA & MERIDIAN IRRIGATION DISTRI T ._,_,_, • • RECEl~1~D MAY - 6 197 t~TY ®~ ~~~I~~AI~ Meridian Planning & Zo~g 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 Planning and Zoning Commission of the City of Meridian hereby adopts and approves these findings of fact and conclusions of law. 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 i ~ ~ MERIDIAN,PLANNING & ZONING COMMISSION MEETING: Aaril 8.1997 APPLICANT: LARRY & KAY HANSEN AGENDA ITEM NUMBER: 6 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION/ZONING TO R-15 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 I~~~ l~ ~ ~' ~,~ ~( ~J ~~ ~ r~ ~ Wt~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Meridian Planning & ~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 fhe 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 9th 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 8~ ~ng Commission March 11, 1997 Page 44 MacCoy: How long have you had those in your hand? Hansen: Since yesterday afternoon. MacCoy: I take it now that you have read them. Hansen: Yes I read them yesterday evening and again this afternoon. MacCoy: Do you have any problem with any of those? Hansen: No I don't. MacCoy: I noticed several things in here that I thought might give you a question, but if you have taken care of it fine. Hansen: There are things that I think would be very difficult to execute in the absence of cooperation of Mr. Saunders. But I believe, the hope is that we can make this a joint effort. I think that we can satisfy these requirements jointly. MacCoy:. You are talking about doing multi-family living in the area in the future. In your immediate neighborhood are there other buildings of that type? Hansen: Yes there are, on 7th and 8th Street between Broadway, Idaho and Pine there are multiple four plexes. MacCoy: So you would fit right in, in other words. Hansen: With the property that borders Mr. Saunders property. MacCoy: I don't have anymore questions. Borup: One final one, I assume you will be splitting off your house from the development, (inaudible) Hansen: No I haven't, one issue is the fact that Idaho would have to jog due to the fact If it continued straight beyond my west property boundary it would go straight through my next door neighbors home. So it would have to jog towards the south. So, I think given that, that is going to affect what sort of lot I will end up with on the south side of Idaho versus the north side. My house, presently my house is at the northern most edge of our acre and it is a 960 square foot home. The remainder of the lot is vacant. It is pretty much an open book. Johnson: Anyone else from the public that would like to address the Commission? Meridian Plannin & • g Z~ng Commission March 11, 1997 Page 45 Vern Alleman, 2101 East Ustick, Meridian, was sworn by the City Attorney. Alleman: I have the same concerns about this zoning of this property to R-15 as I stated before concerns crime and so .forth. When I say before I had the same comments in regard to the Saunders property. As I stated before crime and so forth that comes with this dense of a population. I have talked to several of my neighbors and have not found anyone in favor of this R-15 zone. In view of this and Mr. Saunders indication on this property that he felt he could make R-8 zoning work I feel this should be limited to an R-8. And personally I don't understand a lot about where he has indicated he can do it why don't we zone it for R-8. It seems (inaudible) so that is my comment. Johnson: Thank you Vern, I appreciate it. Is there anyone else? At this time I will close the public hearing. MacCoy: Mr. Chairman, I move we have the Attorney prepare findings of fact and conclusions of law for this project. Borup: Second .Johnson: Moved and seconded we have the City Attorney prepare findings of fact and conclusions of law, all those in favor? .Opposed? MOTION CARRIED: All Yea ITEM #16: REQUEST FOR A CONDITIONAL USE PERMIT FOR A GENERAL COMMERCIAL USE BY HUNTER INVESTMENTS INC.: Johnson: I will now open the public hearing. Howard Foley, 2875 Autumn Way, Meridian, was sworn by the City Attorney. Foley: We have submitted the application, I am sure the Commission is familiar with it, I won't take time to review it. In terms of the comments we received from the City we have the following responsive comments or concerns. One of them and I am not sure whether it is standard indicates that the Zoning. Administrator will provide a statement if requested as to whether this conditional use required. Rather than just try to be obstinate about it that might be appropriate, we are in old town. There are just a lot of things that have gone on in old town and the building that we are dealing with which is to the North of the Sunrise and to the south of the Nazarene Church has been Popcorn Alley and its original construction was the original telephone building in Meridian. It is kind of a guess for all of us and I don't mean any offense to anybody but it truly is a guess to all of us as to whether we can have unlimited commercial use which has been in that building historically or whether we should have office use or what we should do. • MERIDIAN PLANNING ~ ZONING COMMISSION MEETING: March 11.1997 APPLICANT: LARRY ~ KAY HANSEN AGENDA ITEM NUMBER: 15 REQUEST: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF APPROX ONE ACRE TO R-15 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: rte, MERIDIAN SCHOOL DISTRICT: cX~ MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ~~~{ ~~ ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: fp OTHER: All Materials presented at public meetings shall become property of the City of Meridian. c~nVc SUSAN S. EASTLAKE, President GARY E. RICHARDSON, Vice President SHERRY R. HUBER, Secretary March 17, 1997 QEcE~vELI MAR 1 4 1997 CITY OF MERIDIAN Larry and Kay Hansen 935 1~2 W. Pine Avenue Meridian, Idaho 83642 Re: Staff Level Approval MA-03-97 9th St and Pine Ave RT to R-15 Facts and Findings: A. The Ada County Highway District (ACHD) staff has received the above referenced application requesting annexation from RT to R-15. The 1-acre site is Iocated on the south side of Pine Avenue, approximately 300-feet west of 8th Street. Development of ,this site is estimated to generate 96 total additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. B. The parcel abutting the applicant's eastern and southern property line was reviewed (MRZ-1- 97) and approved by the Ada County Highway. District's'Commissioners on February 12, 1997, for the same zoning classification of R-15`. That report contained the following Fact and Finding: To maintain intro-neighborhood..connectivity, staff recommends that the grid system be continued through this site by extending Idaho Avenue and Broadway Avenue from the site's east boundary to the site `s west boundary. Additional north-south roads may be constructed as needed. District policy requires the residential streets to be constructed as 37 foot street sections with curb, gutter and S foot wide sidewalks within SO feet of right-of--way. The subject applicant should coordinate with the applicant to the east in order to continue the grid system that was required of their site. C. The application and site plan received by the Ciry of Meridian and submitted to the District on February 28, 1997, have been reviewed by the ACHD Development Services staff and conforms to applicable District standards/policy, or can be made to conform with the change(s) to the plan described in the requirements stated below. ada c©unty highway district 318 East 37Th • Boise, Idaho 83714-6499 • Phore (208) 345-7680 ~ • This item will not be heard by the ACHD Commission unless the site plan is changed in such a manner as to not conform with District standards/policy or an appeal of the Development Services staff decision is submitted as described within the Standard Requirements outlined below. If the rezone is 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. ~e ' to 33-feet of right-of-way from the street centerline of Pine Ave tmg the parcel by means ordation of a final subdivision plat or ex a warranty deed prior to issuance of a buil m 't (or other re rmits), whichever occurs first. The owner will be compensated for this a right-of--way from available impact fee revenues in this benefit zone. If the o wishes to be paiZb a additional right=of-way, the owner must submit a lette • application to the impact fee administra 'or to breaking ground, in accor a with Section 15 of ACHD Ordinance #1$8. ,~ 2. Continue the grid system through this site by extending. Idaho Avenue from the site's east boundary to the site's west boundary. District policy requires the residential street to be constructed as 37-foot street sections with curb,. gutter and 5-foot wide sidewalks within 50- ,~% feet of right-of--way. Coordinate with the applicant to the east in order to continue the grid system that was required of their site. 3. Provide the District with written verification showing how the subject parcel is to access Pine Avenue. 4. 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 number) for details. 5. In accordance with District policy, stub streets to the undeveloped parcels abutting this site may be required upon review of a future application for this site. 6. Access to Pine Avenue will be reviewed upon submittal of a specific site plan. MA0397.SLA Page 2 Standard Requirements: This decision of the Development Services Supervisor may be appealed to the Ada County Highway District Commission by the applicant or by an owner of property within 300-feet of the pazcel within 15 calender days from the date of this report. The request shall specifically identify each requirement to be reconsidered and inch e a written explanation of why such a requirement would result in a substantial hard hj~ or inea~ity The request will be heazd by the District Commission at an evening meeting within 20 calender days of the District's receipt of the appeal letter. The appellant will be notified of the date and time of the Commission meeting. 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 specifically identi each requirement to be reconsidered and inchidP written documentation of data th t was not available to the Commission at the t'm of it' 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 heazd. 3. Payment of applicable road impact fees are required prior to buildug construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. 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 any 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. 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. MA0397.SLA Page 3 • 8. 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 Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. Conclusion of Law: 1. 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 ACRD Development Services staff at 345-7662. Sincerely, Larry Sale Development Services Supervisor cc: Project file Lead agency MA0397.SLA Page 4 - ~~• ~ ' t'~ c- .._ ~ r STATE ST I .. .. . a utAAUxoo,+ ~ I , <`; I ~ ~ I ' utA.l.+cl•um. l .. I, I ~ ~.'iV ~_ _^ii! I ...',. ' , N. 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