HomeMy WebLinkAboutSaunders, Lorin RZWILLIAM G. BERG, JR., City Clerk
JANICE L. GASS, City Treasurer
GARY D. SMITH, P.E., City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Parks Supt.
SHARI L. STILES, P & Z Administrator
PATTY A. WOLFKIEL, DMV Supervisor
KENNETH W. BOWERS, Fire Chief
W.L. 'BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
•
HUB OF TREASURE VALLEY
COUNCIL MEMBER
A Good Place to Live
WALT W. MORROW, President
CITY OF MERIDIAN
RONALD R.TOLSMA
C
GLENN R. B NTLEYEE
33 EAST IDAHO
MERIDIAN, IDAHO 83642
P & Z COMMISSION
(208) 888-4433 • FAX (208) 887-4813
JIM JOHNSON, Chairman
Public Works/Building Department (208) 887-2211
KEITH BORUP
Motor Vehicle/Drivers License (208) 888-4443
JIM SHEARER
GREG OSLUND
ROBERT D. CORRIE
MALCOLM MACCOY
Mayor
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the
Meridian Planning & Zoning Commission, please submit your comments and
recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: February 4, 1997
TRANSMITTAL DATE: 1/22/97 HEARING DATE: 2/11/97
REQUEST: Rezone of 9.42 acres from R-4 to R-15
BY: Lorin Saunders
LOCATION OF PROPERTY OR PROJECT: South of W. Pine Avenue. West of W.
Broadway
JIM JOHNSON, P2
MALCOLM MACCOY, P2
JIM SHEARER, P2
GREG OSLUND, P/Z
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:
APPLICATION FOR REZONING
Date of Application: January 8, 1997.
Name of proposed subdivision: Broadway Estates West.
General location: West end of west Broadway in the city of Meridian, Idaho.
Name of applicant:
Lorin C Saunders Residents: 7190 No. Meridian, Rd, 83642
P.O. Box 1000 Business Phone: 208-321-9500
Meridian, ID 83680
888-7457
Engineer and Surveyor:
Verl G King, 2580 N Meridian Rd., Meridian, Id 83642.
Notarized request for zoning amendment is included near the end of this notarized application.
Legal description of property is attached.
Present land use: vacant field zoned R-4
Description of proposed land use: To zone the property so duplexes can be built thereon. This
requires a zoning change to R-15.
Present zoning district and jurisdiction: City of Meridian. R -y
Proposed zoning district: City of Meridian.
A statement describing the characteristics of subject property which make the zoning amendment
desirable: The property is presently zoned R-4 which requires too large of a house to make it
marketable in that area. Apartments, Condominiums, and Duplexes are the type of housing
located adjacent to the property. The railroad runs along one side of the property which makes it
undesirable for placing more expensive housing on the property. We have made an attempt to
have the property developed under the R-4 zoning but no builder will risk building the size of
housing required for the present zoning in that location.
Presently the vacant land is a weed patch and an open invitation for people to dump their trash on
it. The proposed zoning change would allow us to build units of the size that we could market and
would be a compliment to the area.
A Statement of how the proposed zoning amendment relates to the City of Meridian
Comprehensive Plan: From our discussions with Meridian zoning we feel this zoning change fits
in very well with Meridian's Comprehensive Plan.
A map of scale of one inch equals one hundred feet is attached.
Thirty copies of a vicinity map of a scale of one inch equals three hundred feet are enclosed.
A list of all property owners within 300 feet of the property proposed for re -zoning is attached.
This list was obtained from current County Assessor's office taxing records.
The fee established by the Council is enclosed:
$400.00 for the one acre
13 5. 00 for 9 additional acres. There is just under 10 acres in the acreage.
72.42 for $1.42 X 51 property owners within 300 feet of the property.
Total check inclosed is $607.42.
Signed affidavit stating that the property will be posted one [1] week before the public hearing:
I, Lorin C Saunders, agree to post a notice, the required size, at least one week before the public
hearing concerning the change in zoning request.
I also certify that I, Lorin C Saunders, am the owner of th4abbove operty t I am requesting to
be rezoned.
Lorin C Saunders
Date:
I have read the above information and verify that the contents *reof are�ogjifid correct.
Lorin C Saunders
Date: /— .P :
Lorin C Saunders cl `
General Partne Broadway Esta eLimited Partnership
Date 7
0 0
LEGAL DESCRIPTION AND AND PROF OF OWNERSHIP:
Attached is the following:
A legal description which includes all properties in the rezoning request.
Deeds related to the property.
Copies of County Tax records as of 1,7,97. These copies were furnished by Ada County and
show Lorin C Saunders and Broadway Estates as owners.
Broadway Estate is a limited partnership, Lorin C Saunders being the General Partner, and is
therefore authorized to sign and transact all business related to the partnership. A copy of the
Limited Partnership verbifying this is attached.
r
Lorin C Saunders
January 8, 1997
r
Lorin Saunders
Property Discription
A tract of land located in the NE1/4, SW1/4, Sec.12, T3N,
R1W, Boise Meridian (B.M.), in the city of Meridian, Ada County,
Idaho: more fully discribed as follows:
Beginning at the center 1/4 corner of Sec.12 , T3N, R1W,
B.M.; thence running S00°00'00"E along the North-South center
section line of the above said Sec.12 a distance of 687.50 ft.
to a point on the South right-of-way line of Broadway Ave. which
is the "Real Point of Beginning"; thence running S00°00'00"E
a distance of 296.95 ft. to a point which lies 125.00 ft. from
the centerline of the U.P.R.R.; thence running N89005'59"W
a distance of 659.49 ft. to a point; thence running N00°00'00"E
a distance of 483.35 ft. to a point; thence running N89056'30"E
a distance of 135.00 ft. to a point; thence running N00°00'00"E
a distance of 335.07 ft. to a point; thence running N89056'30"E
a distance of 359.42 ft. to a point on the West right-of-way
line of NW 8th Street; thence running S00°00'00"E along the
West right-of-way line of NW 8th Street a distance of 532.45
ft. to a point on the South right-of-way line of Broadway Ave.;
thence running N89057'30"E along the South right-of-way line
of Broadway Ave. a Distance of 164.98 ft. to the "Real Point
of Beginning".
The above discribed property contains 9.42 acres more or
less and is subject to rights-of-way of record and in use.
WARRANTY DEEP
For Value Received JACK W. DOWDLE and BARBARA T. DOWDLE,
husband and wife.,
the grantors, do hereby grant, bargain, sell and convey unto LORIN C. SAUNDERS
and CLEO F. SAUNDERS, husband and wife, Route #1,
Meridian, Idaho,
the grantees, the following described premises, to -wit:
A part of Lots 1 and 2 of Westlawn Subdivision, according to the
Plat thereof filed in Book 2 of Plats at page 94, records of Ada
County, Idaho, more particularly described as follows:
Commencing at the Northeast corner of said Lot 1; thence South
along the East line of Lot 1 a distance of 533.0 feet to the
point of beginning; thence South 453.0 feet to the Southeast
corner of Lot 1; thence Westerly along the South line of Lots 1
and 2 a distance of 654.40 feet; thence North -448.81 feet;
thence East 528.40 feet; thence North 4.19 feet; thence East
126.0 feet to the point of beginning.
TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantees ,
their heirs and assigns forever. And the said Grantors do hereby covenant to and
with the said Grantee3 , that t he y are the owners in fee simple of said' premises; that said
premises are free from all incumbrances
and that t hey will warrant and defend the same from all lawful claims whatsoever.
Dated: September Ya 1973.
STATE OF IDAHO, C(7ONTY OF ADA
On this . S67YK day of see�ppt , 18 7 a
before me, a notary.public in and for said tate, personally
appeared
JACK W:a'DO WDLE and BARBARA T.
DOW_ DLE,...husband and wife,
kndr�p ftp a. to les,tiie pgTsoa ` 3
whose name S i3
4iin instrument, and acknowledged to
y c. executed a same.
cr
(Notary Public
Idaho
re', '6/15/77
STATE OF IDAHO, COUNTY OF t2avct--
I hereby certify this inatru3nent wa led for record t
z
the request of � (rOC/
at _70 •minutes past o'clockAV,m.,
C
$
this cl 111- " day of,- ,
?V,
z
19 in my office, and duly recorded k
�3
of Deeds at page
z
JOHN BASTIDA
Ex -Officio Recorder
b
By
Fees i '402' Deputy.
Mail to:
warranty Dad 203-A Printed and For sale By aym&-York Company, Bob@
84034117
,,.
WARRANT` DEED 0�-,
For Value Received LORIN C. SAUNDERS and CLEO F. SAUNDERS, husband and
wife,
the grantor s, do hereby grant, bargain, sell and convey unto BROADWAY ESTATES, a Limited
Partnership, P.O. Box 7701, Boise, Idaho 83707,
the grantee , the following described premises, Ada County Idaho, to wit:
A portion of.Lots 1 and 2 of the Westlawn Subdivision,
according to the official plat thereof on file in the
Ada County Recorder's office, Boise, Idaho, more
particularly described as follows:
Commencing at the center of Section 12, Township 3
North, Range 1 West, Boise Meridian; thence South
along the midsection line and the Easterly boundary
line of said Lot 1, 563.00 feet to the real point of
beginning; thence South along the midsection line and
the Easterly boundary line of said Lot 1, 423.00 feet
to the Southeasterly corner of Lot 1 of said Westlawn
Subdivision; thence North 89°05110" West along the
Southerly boundary line of said Lots 1 and 2, 654.40
feet to a steel pin; thence North parallel to the
Easterly boundary line of said Lot 1, 418.81 feet to
a steel pin; thence South 89°05'10" East parallel to
the Southerly boundary line of said Lots 1 and 2,
528.40 feet to a steel pin; thence North parallel to the
` Easterly boundary line of said Lot 1, 4.19 feet to a
point; thence South 89°05110" East parallel to the
Southerly boundary line of said Lots l and 2, 126.00
feet to the real point of beginning. Said tract of
land contains 6.303 acres more or -less subject to
easements of record or in use.
TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee ,
its heirs and assigns forever. And the said Grantors do hereby covenant to and
with the said Grantee , that the y are the owner s in fee simple of said premises; that said
premises are free from all incumbrances except easements of record, if any, and
taxes and assessments for 1973
and that the y will warrant and defend the same from
Dated:
44
,h:_ ADa
STATE,;QF;'�])AHO, :COUNTY OF ;
On this^ •.�,' . �y.:ot.," . Q L. 19 ;'
befgi»e n�o2ai jtRpliFitkSn33gssaid State, personally
ap S J 't�R' P`-"SAUNDERS and
SAUVDERS,
ic� �'�/�In th:b fhe.perspn �f who se name s ar
'pt4>.
sfipsc ''bed to thej%iitun.insit zn'ert�t and acknowledged to
me't t i '+��' L:J executed the same.
or Notary Public
Residing at Boise , Idaho
Comm. Expires
// 7 7 i✓
�. J-49".-98 Co.
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Wiin
C' '�
Sa ders
r vs
e�aunder
STATE OF IDAHO, COUNTY OF
I herebycertify th natrument war,fil
rrecord at
the request
oast of40(� �Ql/ Lt�ai
at '20 minutes ast a o'clock% m.,
this VAday
Y '
19 0 y in my office, and duly recorde n Book
of Deeds at page
JOHN BAS.TIDA
Ex-Ofii
BY cio Recorder
�
(f0 Deputy.
Fees =
Mail to:
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tpo
r_
n
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,j
A
of %o%'-✓/ r
MIS
WARRANTY DEED! iib
For Value Received
JACK W. DOWDLE and BARBARA T. DOWDLE, husband and wife
the grantor e; do hereby grant, bargain, sell and convey unto
LORIN C. SAUNDERS and CLEO F. SAUNDERS
the grantee , the following described premises, in................Ada County Idaho, to wit:
�H That part of Lot I of West Lawn Subdivision in Ada County, State of
Idaho, as the same is shown on the official recorded Plat in book 2 of
Plats on Page 94, on file and of record in the office of the Recorder
of Ada County, State of Idaho, particularly described as follows, to-wii
a .
Beginning at the' NE corner of said Lot I, thence South along the East
boundary line of said Lot I, 295 feet to the real point of .beginning ;
thence continuing South 238 feet along the East boundary line of said
Lot I, to a point nn said boundary line; thence West parallel with'tha
South line of said Lot I, 126 feet to a point; thence North at right
angles and parallel with the East boundary of said Lot I, 238 feet to a
point; thence East at right angles and parallel with the South boundary
line of said Lot I, 126 fest to the real point of beginning.
Together with all water, water rights, ditches and ditch rights there-
unto appurtenant or belonging.
Grantors hereby'reserve an seaament 15 feet wide for road way purposes
along the West aide of the above described property and further reserve
an easement 25 feet wide for road way purposes along the North side of
the above described property.
TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee ,
their heirs and assigns forever. And the said Grantors do hereby covenant to and
with the said Grantee g, that t he y a r a the owners in fee simple of said premises; that they are free
from all incumbrances
and ,t.h4 t hey will warrant and defend the same from all lawful claims whatsoever.
]?ate 1972
`'errblr:. •
u 8 1_
,l
STATE''OF IDAHO, COUNTY OF 9
//
On this % T day of < , 19IA4
before me, a notary public in and for said State, personally
appeared
known to me to be the personA, whose name a- a/ W
subscribed to the ' hin instrument, and acknowledged to
me that executed the same.
Notary Public.
Residing at7/ C��iC��j Yom�.//,,, Idaho
Comm. Expires �/ /'/ %"
STATE OF IDAHO, COUNTY OF 0-4-Q—
Z
I hereby certif t1�t this instrument was filed for record at
b�t91 Title Co.
H
the request of
ro
at �� minutes past o'clock An.,
C
z
this S— day of ,Y, ,
x
19 1 2 y
in my office, and duly recorded in hook
H
.-of Deeds at page
c
CLARENCE A. iii ANTiei'
Ex -Officio Recorder Q)
Fe Deputy.
Fees ; � �, e o�.t-�.i
Mail to:
B R O R) AY El. ST R-' E S
�TNTHE. /4 5W1/4 SEC. t2,2
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135.00 - --.-.
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Neighbors 300 feet, Broadway
William Eric & Shawn L Root
Thompsen Family Trust
726 W Broadway Ave.
Clymens GFETal Trustees
Meridian, ID 83642-2407
729 W Idaho Ave.
Meridian, ID 83642
Jon Paul Vick
730 W. Broadway Ave.
Bob & Catherine Allen Trust
Meridian, ID 83642
Bob & Catherine Trustees
6155 S. Eagle Rd
Dana Simmons
Meridian, ID 83642-7058
710W8"'St.
Meridian, ID 83642
AL & MC Young Living Trust
AL & MC Young Trustees
Teresa M Gates
7310 Rim Acres LN
111 Broadway Ave Ste 133
Boise, Idaho 83709-5558
Boise, Idaho 83642-7200
Clinton & Mildred A Shuyler
John A & Cheryl A Wardle
Linda Lee Cope
8995 W Chinden
123 E Overland Rd
Meridian, ID 83642-5029
Meridian, ID 83642-3048
Melinda Ann Belt
Vern R & Angleina P Alleman
720 W 8"` #6
2101 E Ustick R.
Meridian, ID 83642
Meridian, ID 83642-5533
Steven W & Sime Marcee L Blackmer
Aloys C Schlekeway
724 W 8"' St
1200 W Franklin Rd
Meridian, ID 83642
Meridian, Idaho 8362-2417
Melvin L & Janet Scrivner
Robert L & Ruby L Sumner
2240 Turnberry Way
830 W Pine Ave
Meridian, ID 83642-1045
Meridian, ID 83642-2057
Curits N Stiltner
Norquist Investments
P.O. Box 822
Limited Partnership
Meridian, ID 83680
P.O. Box 7832
Boise, Idaho 83707-1832
Jessica L Johnson
734 W 8"' Unit #10
Idaho Tank & Culvert Inc.
Meridian, ID 8342
724 Taylor Ave
Meridian, ID 83642-02486
0
John & Bonnie Freeberg Trustee
Kay R Wooden
PO Box 542
Nampa, ID 83653-0542
Toolson Family Limited Partnership
533 14th St
Rupert, Id 83350-1212
Thomas A & Donna M Murrell
PO Box 982
Pismo Beach, CA 93448-0982
Scott C & April M Baird
740 W 7t" St.
Meridian, ID 83642
David G & Cindy L Hobson
Jeffry M & Sandra Hobson
4111 Overland Rd
Boise, Id 83704-2972
Richard S U Louise Hersey
Clifford B & Janet L Hersey
10910 W Bridgetower Dr.
Boise, Id 83709-0241
Joe E & Norma Randall
RR3
Kuna, Id 83634-9803
Paul L & Mary C Westberg
PO Box 280
Star, ID 83669-0280
Brent E Ross
700 W Idaho Ave
Meridian, Id 83642-2421
John & Bonnie Freeberg Trustee
Kay R Wooden
PO Box 542
Nampa, Id 83653-0542
U S Bureau of Reclamation
550 W Fort St
Boise, Id 83724-0101
Idaho Congregation of
Jehovahs Witnesses Inc
3733 S Mcgurie PI
Meridian, Id 83642-6989
Dennis F & Charlene Taylor
801 W Pine Ave
Meridian, Id 83642-2056
Henry J & Geraldine J Achurra
859 W Pine Ave
Meridian, Id 83642-2056
Allen R Fleming
93 5 W Pine Ave
Meridian, Id 83642-2058
Meridian Friends Church Inc
1021 W Pine Ave
Meridian, Id 83642-2060
Fiscal Funding Co Inc
101 California St Ste 2000
San Francisco, CA 94111-5852
Andrew A & Danita Lubacky
912 NW 7t' Ave
Meridian, Id 83642 -
Jerry & Pam Kantola
1848 Badger Rd Apt A
North Pole, AK 99705-5059
David L & June K Degendorfer
930 W Pine Ave
Meridian, Id 83642-2059
Canna Lily Homeowners Assn, Inc
988 W Pine Ave
Meridian, Id 83642-2059
0 •
Gerry R & Helen J Morisette
1438 Leslie Way
Meridian, Id 83642-5710
David L & M Darlene Ripley
;802 W Pine Ave
Meridian, Id 83642-2057
Ronald R. & Julie E Tolsma
PO Box 382
Meridian, Id 83680-0382
Mary Ann Newkirk
847 W Pine Ave
Meridian, Id 83642-2056
Charles R & Merlene K Stuart
821 W Pine Ave
Meridian, Id 83642-2056
Larry A & Kay M Hansen
935 '/2 W Pine Ave
Meridian, Id 83642-2058
James M & Mayre D Workman
4811 Parkwood St
Boise, Idaho 83704-2316
Dana & Janey R Thorne
12111 W Band Dr
Star, Id 83669-5103
Russell V Liddell
3250 So. Locust Grove RD.
Meridian, Idaho 83642-7065
Holly Properties
Western Pines Living Center
1475 N. Cole R.
Boise, Id 83704-8537
Jeppesen Family Ltd Ptnrship
4960 Glenbrook Dr.
Boise, Id 83704-2163
CERTIFICATE OF LIMITED PARTNERSHIP
To the: STATE OF IDAHO SECRETARY OF STATE
CORPORATIONS DIVISION
PHONE: (208) 334-2301 FAX: (208) 334-2847
700 W JEFFERSON PO BOX 83720 BOISE ID 83720-0080
1. The name of the limited partnership is: Broadway Estates L.P.
rn s
N
2. The name and business address of the registered agent are:
Lorin C. Saunders, 7190 N. Meridian Road, Meridian, Idaho 83642
(not a P.O. Box)
3. The name and business address of each general partner are: m C"
Name Address
Lorin C. Saunders 7190 N. Meridian Road, Meridian, Idaho 83642
(If more space is needed, continue in item 5.)
4. The latest date on which the partnership will dissolve is: December 31, 2016
5. Other matters (optional):
6. Sign res of all neraUparrtn s:
9/00V0rmyCLP.pm6 Fee: $100 if type wit no attachments
File in Duplicate Original $120 if not typed or if attachments are included
Secretary of State use only
IDAHO SECRETARY OF STATE
DATE 06/25/1996 0900 73021
2
CK #: 2018 CUST# 47708
LTD PTR DM
1@ 100.00= 100.00
#: L
PFMDOI 96 M IOS T E R U P D A T E • 1/07/97 11:22:55
Parcel R93225HO2O Code= Area 03. � Qty Value ACTIVE
Name BROADWAY ESTATES 1L� 5_6-10. 9Q00Q
Bu
Address
Last Change 1 By : A R_ WL
s •000�
B,qnk. Code_
Lien Code
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Annexation *NO
Notes *NO
WTIMExemption
6 17
Hardship- 65 Q
Property Zoningq R-4_ Flag _
Address 00835 W BROADWAYAVE' IDIAT ID 42 D.D.
Space # ype 1 AL Ro-1T1 cc. Action: -
FZ=Select- 'exit F5=Cor-reoted Notice.F6=Letters
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83642-0000 D.D.
Action:
•S
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PFMD01 96
PPaarcel
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R U P D A T E
03 Qty Value
1/07/97 11:22:43
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BR-R93225902E0—&
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2 3.70-0 590-00.
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Lien Code
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Prepaid _
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Last Change 1
Annexation *NO
Notes *NO
By . ASR2-ALLEN
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83642-0000 D.D.
Action:
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 February 11, 1997, for the purpose
of reviewing and considering the Application of Lorin Saunders, for a Rezone of
approximately 9.42 acres of land located in the NE %, SW %, Section 12, T.3N, RAW,
Boise Meridian, Ada County, Idaho, and which property is generally located South of w.
Pine Ave and West of W. Broadway. The Application requests a rezone from R-4 to 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 24th day of January, 1997.
WILLIAM G. BERG, JR., C LERK
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 April 1, 1997, for the purpose of reviewing and considering the
Application of Lorin Saunders, for a Rezone of approximately 9.42 acres of land located
in the NE %, SW A Section 12, T.3N, R.1 W, Boise Meridian, Ada County, Idaho, and
which property is generally located South of w. Pine Ave and West of W. Broadway.
The Application requests a rezone from R-4 to 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 14th day of March, 1997.
WILLIAM G. BERG, J TY CLERK
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R9322500200
R9322500300
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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, 1 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 % SECTION 12,
T.3N, RAW, 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.
ORDINANCE NO._
AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE
ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS
DESCRIBED AS A TRACT OF LAND LOCATED IN THE NE 1/4, SW 1/4,
SECTION 12, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, IN THE
CITY OF MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Council and the Mayor of the City of
Meridian, Idaho, have concluded that it is in the best interest of
said City to amend and change the zoning from R-4 Low Density
Residential to R-8 Medium High Density Residential, for the
following described parcel:
A tract of land located in the NE4, SWC, Section 12,
Township 3 N, Range 1 W, Boise Meridian (B.M.), in the
City of Meridian, Ada County, Idaho; more fully
described as follows:
Beginning at the center 4 corner of Section 12, Township
3 N, Range 1 W, B.M.; thence running S 00°00100" E along
the North-South center section line of the above said
Section 12 a distance of 687.50 ft. to a point on the
South right-of-way line of Broadway Ave. which is the
"Real Point of Beginning";. thence running S 00°00'00" E
a distance of 296.95 ft. to a point which lies 125.00
ft. from the centerline of the U.P.R.R.; thence running
N 89°05'59" W a distance of 659.49 ft. to a point;
thence running N 00000'00" E a distance of 483.35 ft. to
a point; thence running N 89'56130" E a distance of
135.00 ft. to a point; thence running N 00°00'00" E a
distance of 335.07 ft. to a point; thence running N
89°56130" E a distance of 359.42 ft. to a point on the
West right-of-way line of NW 8th Street; thence running
S 00°00'00" E along the West right-of-way line of NW 8th
Street a distance of 532.45 ft. to a point on the South
right-of-way line of Broadway Ave.; thence running N
89°57'30" E along the South right-of-way line of
Broadway Ave. a distance of 164.98 ft. to the "Real
9 7 0 6 5 0 Tint of Beginning".
The above described property contains 9.42 acres more or
r= ri-Jess and is subject to rights-of-way of record and in
1 Int iOO,NE ORD CH - SAUNDERS Page 1
'97 RdG.1`f P11
;J77F
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council
of the City of Meridian, Ada County, Idaho:
Section 1. That the aforementioned real property which is
described as follows:
A tract of land located in the NE4, SWC, Section 12,
Township 3 N, Range 1 W, Boise Meridian (B.M.), in the
City of Meridian, Ada County, Idaho; more fully
described as follows:
Beginning at the center 4 cornea of Section 12, Township
3 N, Range 1 W, B.M.; thence running S 00°00'00" E along
the North-South center section line of the above said
Section 12 a distance of 687.50 ft. to a point on the
South right-of-way line of Broadway Ave. which is the
"Real Point of Beginning"; thence running S 00°00'00" E
a distance of 296.95 ft. to a point which lies 125.00
ft. from the centerline of the U.P.R.R.; thence running
N 89°05'59" W a distance of 659.49 ft. to a point;
thence running N 00000'00" E a distance of 483.35 ft. to
a point; thence running N 89°56130" E a distance of
135.00 ft. to a point; thence running N 00°00'00" E a
distance of 335.07 ft. to a point; thence running N
89°56130" E a distance of 359.42 ft. to a point on the
West right-of-way line of NW 8th Street; thence running
S 00°00'00" E along the West right-of-way line of NW 8th
Street a distance of 532.45 ft. to a point on the South
right-of-way line of Broadway Ave.; thence running N
89°57130" E along the South right-of-way line of
Broadway Ave. a distance. of 164.98 ft. to the "Real
Point of Beginning".
The above described property contains 9.42 acres more or
less and is subject to rights-of-way of record and in
use.
be, and the same is rezoned from R-4 Residential to R-8
Residential, and Section 11-2-425, Official Zoning Maps is hereby
amended to reflect the same. This rezoning is subject to the
conditions referenced in the Findings of Fact and Conclusions of
Law as adopted by the Meridian Council on the request for rezone..
Section 2. The Applicant shall comply with all of the
Ordinances of the City of Meridian, and comply with the comments
REZONE ORDINANCE - SAUNDERS Page 2
of the Planning and Zoning Administator.
Section 3. That the property shall be subject to re -zone
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 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
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. 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 if the Applicant shall fail to meet the
REZONE ORDINANCE - SAUNDERS page 3
above conditions the property shall be subject to rezone back to
R-4.
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 by the Mayor of the
City of Meridian, Ada County, Idaho, this day of--, 1997.
APPROVED:
-- ROBERT D. CORRIE
X G. BERG, JR. ,,� - ITY 'CLE
STATE OF IDAHO,)
: ss.
County of Ada, )
SEAQ
11 t1lil
I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian,
Ada County, Idaho, do hereby certify that the above and foregoing
is a true, full and correct copy of an Ordinance entitled "AN
ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING
OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS
DESCRIBED AS A TRACT OF LAND LOCATED IN THE NE 1/4, SW 1/4,
SECTION 12, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, IN THE
CITY OF MERIDIAN, ADA COUNTY, IDAHO• AND PROVIDING AN EFFECTIVE
DATE"; passed as Ordinance No. 76� , by the City Council and
Mayor of the City of Meridian, on the 5. day of1Tir1T,, 1997, as
the same appears in my office.
REZONE ORDINANCE - SAUNDERS Ar
/
Page 4
i
DATED this �r� x of je!;4u�
of
4
� t C
SFLAda County,
r
STATE OF IDAHO,,},
r 193
County of Ada,71
, 1997.
On this day of July, 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.
i psi
SEAL
REZONE ORDINANCE - SAUNDERS
at Meridian, Idah
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6 Meridian City Council
July 15, 1997
Page 13
Rountree: Second
Corrie: Okay, Council you have heard the motion to approve thepreliminary plat for
Packard Subdivision No. 2 subject to the new conditions set forth and brought back to
City Council at the meeting of August 5t', any further discussion? All those in favor?
Opposed?
MOTION CARRIED: All Yea
ITEM #2: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REZONE OF 9.42
ACRES FROM R-4 TO R-8 BY LORIN SAUNDERS:
Tolsma: Mr. Mayor I have to step down on this I have a conflict.
Corrie: Mr. Tolsma is stepping down for a conflict of interest.
Morrow. Mr. Rountree you thoughts since it is just the two of us?
Rountree: I didn't have any specifics on the findings of fact.
Morrow. I have no problem with them, I move to approve the findings of fact and
conclusions of law as prepared for us by the City Attorney.
Rountree: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to approve the findings of
fact and conclusions of law as adopted by the Council, any further discussion? Roll call
vote
ROLL CALL VOTE: Morrow — Yea, Bentley — Absent, Rountree — Yea, Tolsma-
Abstain, Corrie —Yea
MOTION CARRIED: All Yea
Morrow. Mr. Mayor, the City Council here by recommends that the property set forth in
the application be approved by the City Council for the zoning amendment requested
under the conditions set forth in these findings of fact and conclusions of law including
that the applicant or its successors, interests, 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. That if
the applicant is not agreeable to these.findings of fact and conclusions of law and it not
agreeable with entering into a development agreement and developing the property only
as a planned unit development under the conditional use permit process the application
for the zoning amendment shall be denied.
r Meridian City Council is .
July 15, 1997
Page 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 MEETING: July 15, 1997
APPLICANT: LORIN SAUNDERS ITEM NUMBER; 2
REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REZONE
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
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
0 0
BEFORE THE MERIDIAN CITY COUNCIL
LORIN C. SAUNDERS
REZONE OF 9.42 ACRES FROM R-4 TO R-15
SOUTH OF PINE AND WEST OF THE WEST END OF BROADWAY
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, Lorin Saunders,
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. A notice of a public hearing on the Rezone Application
was published for two (2) consecutive weeks prior to said public
hearing scheduled on February 11, 1997, the first publication of
which was fifteen (15) days prior to said hearing; that the matter
was duly considered at the February 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 contains approximately 9.42 acres and is
located within the City of Meridian. The property is described in
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1.
LORIN C. SAUNDERS — REZONE
the application which description is incorporated herein. The
Applicant is the owner of the property.
3. The property is presently zoned (R-4) Low Density
Residential District, the Applicant initially requested a rezone to
(R-15), but finally agreed that R-8 Medium Density Residential
District was more appropriate.
4. Pursuant to the application, the Applicant requests the
re -zoning for the purpose of and the use of the construction of
duplexes but later changed to requesting development of townhouses.
S. The property is in close proximity to existing homes and
residential areas.
6. The Applicant testified and explained either during the
Planning and Zoning Commission or City Council hearings
substantially as follows. He has owned the property for 25 years.
He has tried on two different occasions to interest builders in
developing the property under the R-4 zoning; however, the houses
are too big for the apartment area. He feels the way the property
can be developed is to zone it R-15, which is the purpose of the
application. He understands the conditional use system the City
uses as a condition of approval of these types of applications.
All that he desires is to have the zoning changed so he can secure
financing necessary to complete the project. He has tried to
maintain the property during the years he has owned it; however,
the property as an open field is turning into an invitation to put
junk on it. He would like to develop the property. When he
initially discussed with Ada County Highway District the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2.
LORIN C. SAUNDERS - REZONE
development of the property, he believed it originally indicated
that Broadway Street would have to be extended through the
property. Since that initial discussion with the Ada County
Highway District, it has indicated that it prefers that Broadway
Street not be extended through the property because of the speed of
vehicles on long straight streets. Consequently, through the
development of the property, the streets could turn east on 8th
Street, then traverse the edge of the property on an extension
street, and then extend Idaho Street down into the property. He
has spoken with the owner of adjacent property, and he would design
the development of the property so the adjacent property could use
the access and would not be landlocked. The street would continue
through the adjacent property owner's property, somehow. As a
result, the drainage which runs through the property would not be
covered up. He could reduce the banks along the drainage and make
it a very nice park area. So, when one came down to the end of
Broadway there would be a nice green area which he thinks would be
very complimentary to the City. He is excited to develop the
property, and he is seeking the change in zoning so he can develop
it. After the zoning of the property is changed, it will not be
long before plans are presented to the City.
7. In response to questions of Commissioner Borup, the
Applicant testified substantially as follows. With regard to the
application, he believes the R-15 zoning calls for duplex types of
structures. The zoning requested permits the construction of
duplexes which are approximately 800 square feet with double car
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3.
LORIN C. SAUNDERS — REZONE
0 i
garages. He is not proposing the construction of structures
greater than duplexes; that is all in which he is interested. The
reason he pursued the R-15 zoning is that the City's staff
recommended it. He is not interested in a real high density. He
just wants to develop the property. There is a drainage ditch
through the property, around which there can be a very nice park
area developed. The area would look very clean when one went to
the end of Broadway. He believes it would be a nice little
subdivision or little development there.
8. In response to further questions of Commissioner Borup,
the Applicant testified substantially as follows. Along the
railroad tracks, one has to be 200 feet from the railroad tracks to
install a fence and landscape the area. The property lines would
be 200 feet from the railroad tracks, which he believes is the
requirement. His thinking is that if there were fence restrictions
along the drain ditch to the back of the houses, the look of the
park area would be enhanced. Additionally, there is not enough
room at the end of the property to construct anything but a park
area. He thinks a park area would be something the people around
the area of the property would appreciate. At the time he pursues
the final planning on the platting and development of the property,
the neighbors would have input into it, and he would attempt to
develop something compatible to their liking. He is interested in
being good neighbors. He has owned the property for a long time
and lived in Meridian for 35 years. He would like to see the
development be something of which he is proud. He does not have
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4.
LORIN C. SAUNDERS - REZONE
0 0
anyone to develop it presently. It has been indicated to him that
the zoning needs to be changed before any money is invested to
initiate the development of the property.
9. There was comment and discussion between Chairman Johnson
and the Planning and Zoning Administrator, Shari Stiles, concerning
her comments dated February 10, 1997, particularly, item number 8
of those comments. Ms. Stiles stated that those comments were
taken directly from the description of the R-15 zone, and she has
received no plan from which she is able to determine whether the
requirements can be met.
10. The Applicant testified further substantially as follows.
He has seen the comments from the Planning and Zoning
Administrator, Shari Stiles, dated February 10, 1997. He has
spoken with the City Engineer on several occasions concerning sewer
and water service to the property. A topography. survey of the
property has been completed to determine whether the property is
high enough to connect into the sewer and it is. The City Engineer
has indicated to him that there probably will not be a problem
connecting to the sewer. The water service is on the property; it
just needs to be connected. The curbs are installed. He has to
install the sidewalk on the West 8th Street. This would clean up
the property; it is an eye sore for which he apologizes. He is now
in a position to do something with the property. The project would
be very complimentary to the City's plans.
11. Melinda Belt testified concerning the application
substantially as follows. She is the President of the Broadway
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5.
LORIN C. SAUNDERS - REZONE
0 0
Estates Condominium Homeowners' Association (Association) and
representing the association. There are 12 condominium units. She
understands that the condominiums were built by Lorin Saunders in
approximately 1977. The members of the Association do have
concerns with the development of the property. They do not know if
the intent of the development of the property is some sort of low
income housing development or all rentals. They are already
surrounded on the back side by apartments. As homeowners they have
been trying real hard to clean up the neighborhood. They have
painted their buildings this year. They have done a lot of work
with the trees and the landscaping. Some of her concerns stem from
incidental connections with the property. She has called the City
on numerous occasions about the property; the four feet high weeds
on the property. She began calling in May of 1995. She thought
she was resolving the problem, but the problem was. not resolved.
She called about the weeds because, not only are they a fire
hazard, the property was filled with thistles which would blow into
their lawn. They had to keep spraying their lawn and incurring the
cost for the spray. Finally, the weeds were cut down, she believes
in September or October of 1996. It took her over a year and half
to receive a response. She does not believe the Applicant
attempted to maintain the property. The quality of the building in
which she lives has a lot to be desired. They are all concerned
about the intent with the property, because they realize they are
in a low income area and their property really is not valuable.
They do not want to see the value of their property decrease rather
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6.
LORIN C. SAUNDERS - REZONE
than increase. She has questions about the park area around the
drainage ditch and its safety. There will be a lot of children in
the sort of development proposed by the Applicant; there are
already a lot of children. Also, she questions whether it will be
well maintained or whether it will be allowed to turn into weeds.
She also questions the R-15 zoning versus the R-8 zoning if the
Applicant only desires duplexes. Although she does not know much
about zoning, she opines that, if one were going to do more of a
single family subdivision, it is unnecessary to zone the property
for a high density housing. The Association wanted to be
represented and wanted to express to the City that they are
concerned about the development of the property. They would prefer
a development which improves the area rather than creates a
detriment and increases the traffic and low income housing.
12. In response to a question of Chairman Johnson, Ms. Belt
testified substantially as follows. The members of the Association
would prefer the development of the property as more owner
occupied. There will be some rentals; however, if the intention is
to create rental properties, they think there will be a big
difference in the maintenance of the property.
13. In response to questions of Commissioner Borup, Ms. Belt
testified substantially as follows. The members of the Association
are not opposed to the development of the property. They do not
want, as the rumors have been for the last couple of years, "low
income housing" and rentals. Based upon the requested zoning, this
type of development is what has been indicated to them. Single
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7.
LORIN C. SAUNDERS - REZONE
family housing would be fine; they do not want to be surrounded by
rentals. They are homeowners. Whereas, the residents behind them
are apartment renters, low income, welfare mothers, and on special
insurance which is different from them. She does not think the
concept of duplexes, a maximum of two per building, would be a
problem. She agrees that duplexes would be a nice transition
between the apartments if they were not sold in mass and rented
out. Their main concern is the property turning into a low income
rental community.
11. Dana Simmons testified concerning the application
substantially as follows. She lived in low income housing for 3
1/2 years. She went through a divorce. Her former husband is
$17,000.00 behind in child support. A year and half ago she
purchased the town home in which she lives. She takes pride in
ownership. Consequently, she has seen both sides. Her strongest
concern is the R-15 zoning that provides an option to develop a
very high density apartment complex.which she finds questionable.
She understands people wanting to leave their options open.
However, the R-15 zoning indicates to her the Applicant might be
leaning towards high density development which is more financially
lucrative. Another concern is that she has an 11 year old
daughter. She purposely purchased in the location where she and
her daughter live so her daughter could walk to elementary, middle
and high school. She does not think that a high density complex in
this area is good considering the school over crowding problem.
She likes the idea of additional condominiums or duplexes with the
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emphasis being on owner occupied. It is her concern that the only
way in and out of the area is Broadway and Idaho. There are a lot
of young children in the area. Without other access, a serious
problem could arise in the area. She thinks one thing which has
saved the area in which she lives, given the Broadway Manor
Apartments behind where she lives, is the lack of access; there is
not the traffic through the area. An increase in traffic will
create serious traffic problems.
12. Commissioner Borup commented that the application is for
a rezone of the property without specific detail on the
development. An R-15 zoning classification may allow the
construction of apartments, but only through the conditional permit
process. As a result the Applicant would have to go through the
public hearing process for the conditional use permit. Whereas, an
R-15 zoning classification would permit, without a conditional use
permit, the construction of duplexes on the property. Accordingly,
to construct duplexes on the property, the Applicant would not have
to go through the public hearing process for a conditional use
permit.
13. Vern Alleman testified concerning the application
substantially as follows. He bases his testimony on the premise
that R-4 zoning is four units per acre and the assumption that R-15
is 15 units per acre. He opposes the application to change the
zoning from R-4 to R-15. He is concerned about the crime rate in
an R-15 type of development. Areas in Boise which have such type
of developments have the highest crime rate. His point is that the
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LORIN C. SAUNDERS - REZONE
crime rate is much higher in such types of developments compared to
other areas with equal population. He has followed this increase
in the crime rate for a long time. Some time ago, City officials
told him that policing an R-15 type of development uses about one-
half of the police resources. An R-15 type of development
decreases the value of surrounding property, such as where he owns
property. He feels the zoning of the property should remain R-4.
If the property does not remain R-4, the zoning of the property
with regard to density, should be no higher than R-8. This is his
biggest concern.
14. Chairman Johnson commented on the Applicant's
presentation that the R-4 zoning has not worked economically. The
property's environment does not lend very well to R-4 zoning which
permits only 4 units per acre and sizable houses. The Applicant is
applying for a change in the zoning which the City's staff has
apparently encouraged him to do. The zoning does not dictate the
type of development of the property; it dictates the permitted
uses. The property and development must still go through the other
processes.
15. In response to a question of Mr. Alleman, Chairman
Johnson stated that although zoned R-15 the development of the
property for higher density structures is still subject to the
conditional use permit process.
16. In response to Mr. Alleman's comment that he spoke with
a neighbor who would not object to R-8 zoning but objects to R-15,
Chairman Johnson commented that R-8 may work. The density ratings
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are the maximum densities. Most R-4 developments are less than
density permitted by R-4; something like 2.89 to 3.1 per acre.
17. Mr. Alleman further commented and testified that he is
concerned about the concentration in a small area, the type of
people that live in that area, and the crime rate which results
from higher density populations. In addition, the decrease in the
valuation for surrounding properties.
18. In response to a question of Commissioner Borup, Mr.
Alleman stated that he owns the property located at 842 West Pine.
His property is not bare ground adjoining the property.
19. Larry Hansen testified concerning the application
substantially as follows. He supports the application. He has
owned the property adjacent to the property for approximately one
year and lived on his property for approximately two months. When
he purchased the adjacent property, he hoped that the property
could be put to better use. The property has existed as a desert
and fire hazard. When he moved to Idaho approximately 17 years
ago, he lived in an area composed entirely of duplexes. These
duplexes were occupied by professionals who had recently moved to
Idaho. These occupants lived in the duplexes from six months to
two years, until they accumulated sufficient funds to purchase
permanent housing. He believes the economy, if the area is strong,
and Meridian has the ability to attract people who want high
quality living arrangements on a rental basis. The proposed
development of the property is the type of use which he would like
to see for his adjacent property.
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LORIN C. SAUNDERS - REZONE
•
20. Mr. Saunders further testified substantially as follows.
He apologizes to the people for the weeds on the property; however,
he tried to take care of the weeds about once a year. Each time he
goes to the property there is garbage scattered on the property
which hinders the ability to maintain the property. There is also
grass and lawn droppings from properties across from the property.
He believes that the development of the property is the best for
everyone. He is conscious of the value of the surrounding
properties. He did not construct the condominium units. The
condominium units were originally constructed as four-plexes and
duplexes. He did have something to do with turning them into
condominiums, because he wanted to sell them as owner occupied.
These owners have done a nice job of maintaining the condominiums,
and he does not want to detract from them. He does not mind being
restricted to duplexes in the zoning. Duplexes are the highest
density for which he cares; he does not believe a higher density
would compliment the area. These duplexes must have a double car
garage pursuant to the zoning, so they will be nice units. They
will not be low income housing. The development of the property
would be a compliment to the condominiums across from the property.
With regard to the drainage ditch and park area, originally he
considered obtaining permission to cover and tile the drainage
ditch. He is not opposed to doing that right now; however, he
knows the City desires a green area, and by reducing the height of
the banks along the ditch, this area could be made into a very nice
and safe type of park area. He is not opposed to tiling the
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drainage ditch if it is in the best interest of the neighbors.
With regard to the roads, eventually the roads will go to the
property. Ada County Highway District requires him to run the
roads, both Idaho Street and Broadway, to the property line.
Broadway does not have to extend through the property, but may go
around it. Probably, there will be other access to the property;
he assumes from Pine Street. There will be other accesses to the
property. He reemphasizes that he has tried on two different
occasions to construct single family housing on the property;
however, one cannot build and sell 1,400 square feet houses in the
area. Two builders he worked with could not make such type of
development economically feasible. After speaking with City staff,
he believes the best use is the construction of duplexes, which is
the highest density he desires. He is not concerned with the
restriction to duplexes because he is not interested in decreasing
the value of surrounding properties and he wants to compliment the
surrounding properties.
21. In response to a question of Commissioner Borup, Mr.
Saunders testified that he would not be opposed to an R-8 zoning
which would allow the construction of minimum 800 square feet
duplexes. Mr. Saunders commented further that his request for R-15
is based upon City staff's recommendations. He is not opposed to
the R-8 zoning. An R-8 zoning is fine with him if such zoning
makes the neighbors surrounding the property more comfortable with
the project, or restricting the size of the buildings on this
application is also fine with him.
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22. Scott Stanfield testified before the City Council, on
July 1, 1997, that there initial Application was to rezone the
property from R-4 to R-15 for duplexes, but now the Applicant has
no problem with R-8 zoning and would like to construct townhouses
with two car garages for each unit; he also stated that they would
need a conditional use to be able to have less frontage than is
required by ordinance.
Lorin Saunders then testified before the Council that there
would be 5.5 units per acre; that he will do R-8 zoning and would
do whatever the City desires, but he wants townhouses; he said that
the neighbors like what he intends to do.
23. Bruce Freckleton, Assistant to the City Engineer,
submitted comments which comments are incorporated herein as if set
forth in full. His comments included that the legal description
submitted with the application for rezone appears to meet all the
criteria required by Meridian City Resolution #158, and the Idaho
State Tax Commission; that sanitary sewer service for this parcel
could be from extensions of the existing sanitary sewer trunk main
located between W. 7th Street and W. 8th Street; that the depth of
this existing main, approximately 7.5 feet deep, may limit the
serviceability of this parcel to this main; that the treatment
capacity of the Meridian Wastewater Treatment Plant is currently
being evaluated; that approval of this application needs to be
contingent upon the City's ability to accept the additional
sanitary sewage generated by any proposed development; that water
service for this development shall be from an existing main located
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in W. 8th Street; and that water service to this development is
contingent upon positive results from a hydraulic analysis by the
City's computer model.
24. Shari Stiles, Planning and Zoning Administrator,
submitted comments which comments are incorporated herein as if set
forth in full. Her comments included, but are not limited to, the
following. The request for zoning of R-15 would appear to be
compatible with the surrounding uses. Several single-family homes
have been split off from Pine Street, and the proposed rezone
property is now landlocked. Both Idaho Street and Broadway Street
dead-end into the property. Broadway Avenue basically dead -ends
into Nine Mile Creek. These roads will need to be extended to and
through the property in accordance with Ada County Highway District
standards, with five feet wide sidewalks on both sides. Fire
access and hydrant locations must be provided in accordance with
the Uniform Fire Code and Meridian Fire Department policies. The
Applicant is to provide curbing and underground sprinkler system
for all landscaped areas. Nine Mile Creek is designated as a bike
path in the Meridian Comprehensive Plan. Plans of the Applicant
will need to be reviewed and approved by the City, Nampa & Meridian
Irrigation District, and possibly the Bureau of Reclamation.
Permanent six feet high perimeter fencing must be provided prior to
obtaining building permits, except where such requirement may be
specifically waived in writing by the City. All paving, striping
and signage of parking lots is to be in accordance with Meridian
City Ordinance and the Americans With Disabilities Act. Lighting
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LORIN C. SAUNDERS - REZONE
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shall not illuminate adjacent residential properties or cause
glare, as determined by the City of Meridian. The Applicant
proposes a rezone of the property to 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. In the R-15
zone, minimum lot size is 2,400 square feet per dwelling unit. Any
duplex units would be required to have two -car garages. Single-
family detached housing would require a minimum house of 1,301
square feet in size. Duplex units would require a minimum of 800
square feet per unit, exclusive of the garage. A minimum of a 20
feet planting strip will be required along the railroad corridor,
outside of the existing right-of-way and beyond the fence to be
installed. A development agreement/detailed conditions of approval
are required as a condition of rezoning. Because of the numerous
issues involved, and as no uses or site plan are shown for the
property, rezoning of the property 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. Perhaps rezoning should not be
considered until a plan is presented for review and approval. She
would feel more comfortable if the plan were being approved
concurrently with any rezoning. Further conditions will be
examined when the application for conditional use permit is
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LORIN C. SAUNDERS - REZONE
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submitted. If planned correctly, the property could be an
excellent in -fill development project.
At the City Council hearing Miss. Stiles stated that the
proposed project does not meet the R-8 requirements because the
lots are too small; to be able to have townhouses a conditional use
permit is required; she needs building elevations; she does not
think that single family dwellings would work; she want to know
what the plans; that under a planned unit development there can be
less frontage and other requirements can not be required. she
stated that she believes that a planned unit development would be
a better way to do the development.
Gary Smith, the city Engineer, commented about the sewer and
his comments are incorporated herein as if set forth in full.
25. The Meridian Police Department submitted comments on the
subject application, which comments are hereby incorporated herein
as if set forth in full.
26. The Meridian Fire Department submitted comments on the
subject application, which comments are hereby incorporated herein
as if set forth in full.
27. The Nampa & Meridian Irrigation District submitted
comments on the subject application, which comments are hereby
incorporated herein as if set forth in full.
28. The Central District Health Department submitted comments
on the subject application, which comments are hereby incorporated
herein as if set forth in full. Its comments included that after
written approval from appropriate entities are submitted, it can
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LORIN C. SAUNDERS - REZONE
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approve the proposal for central sewage and central water; that the
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.
29. The Ada County Highway District submitted comments, which
comments are hereby incorporated herein as if set forth in full.
Its comments included, but are not limited to, the following. The
Applicant construct a 4 feet wide concrete sidewalk on 8th Street
abutting the site (Meridian requires 5 feet sidewalks). The
Applicant construct a 4 feet wide concrete sidewalk on Broadway
Avenue abutting the existing curb on the site's frontage (Meridian
requires 5 feet sidewalks); The Applicant continue the roadway grid
system through the 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. The
streets shall be constructed as 37 feet street sections with curb,
gutter and five feet wide sidewalks within the 50 feet right-of-
way. In accordance with District policy, stub streets to the
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LORIN C. SAUNDERS - REZONE
•
undeveloped parcels abutting the site may be required upon review
of a future application for this site.
30. There were no other comments by the public regarding this
application.
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 Applicant's property.
2. The City has the authority to take judicial notice of its
own ordinances, other governmental statutes and ordinances, and of
actual conditions existing within the City and the State.
3. This Application for a zoning amendment has been judged
upon the basis of guidelines contained in Section 11-2-416 of the
Zoning And Development Ordinance of the City of Meridian and upon
the basis of the Local Planning Act of 1975, Title 67 Chapter 65,
Idaho Code, the Comprehensive Plan of the City of Meridian, and the
record submitted to it and the things of which it can take judicial
notice.
4. Section 11-2-416 A. states in part as follows:
When the public necessity, convenience, general welfare
or zoning and development practice require, the Council
. may amend, supplement, change, or repeal the
regulations, restrictions, and boundaries or
classifications of property as well as the regulations
and provisions of this Ordinance.
5. Section 11-2-416 K. of the Zoning And Development
Ordinance of the City of Meridian, sets forth standards under which
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LORIN C. SAUNDERS — REZONE
11
0
the City shall review applications for zoning amendments. Upon a
review of those requirements and a review of the facts presented,
conditions of the area and the statement and agreement by Lorin
Saunders that he would do the R-8 development rather than the R-15
development, it is specifically concluded as follows:
(a) The (R-8) Medium Density Residential District zoning
would be harmonious with and in accordance with the
Comprehensive Plan;
(b) The property, if designed and used as allowed in the (R-
8) Medium Density Residential District, would be
developed in a fashion allowed under the proposed new
zoning;
(c) The property, if designed and used as allowed in the (R-
8) Medium Density Residential District, would be designed
and constructed to be harmonious with the surrounding
area, which is developed in the fashion of the (R-8)
Medium Density Residential District;
(d) The (R-8) Medium Density Residential District use would
not be hazardous to the existing or future uses of the
surrounding neighborhood;
(e) A (R-8) Medium Density Residential District development
would not create excessive additional requirements at
public cost for public facilities and services, and would
not be detrimental to the economic welfare of the
community;
(f) The property, if designed and used as allowed in the (R-
8) Medium Density Residential District, would not involve
uses, activities, processes, materials, equipment or
conditions of operation which would be detrimental to any
person, property or the general welfare of the area;
(g) The property, if designed and used as allowed in the (R-
8) Medium Density Residential District, could be designed
and constructed to provide vehicular approaches to the
property which would be designed to decrease interference
with traffic on surrounding public streets;
(h) A rezone would not result in the destruction, loss or
damage of any natural or scenic feature of major
importance; and
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LORIN C. SAUNDERS — REZONE
•
•
(i) The proposed zoning amendment, as amended at the City
Council meeting, is in the best interest of City of
Meridian.
6. The City of Meridian has authority to place conditions
upon the grant of a zoning amendment.
7. The Applicant has not presented any specific plans
concerning his intention for the development of the property. It
is, therefore, concluded that as a condition of the grant of the
zoning amendment that any use or development of the property shall
only be allowed under the conditional use process, which the
Applicant would have to apply for to place a planned unit
development on the property.
8. It is further concluded that as a condition of the grant
of the zoning amendment, the Applicant 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 Applicant, 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;
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LORIN C. SAUNDERS —REZONE
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.
9. As the Applicant testified substantially as follows: that
he desires to construct townhouses, and not duplexes on the
property; and that he does not believe a higher density would
compliment the area; it is further concluded, as a condition of the
grant of the zoning amendment, that the development of this
property shall be restricted to a minimum of townhouse dwellings at
a density not exceeding eight dwelling units per acre.
10. It is further concluded that, as a condition of the grant
of the zoning amendment, 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, but are not limited to, the following:
(a) The approval of this application for zoning amendment
shall be contingent upon the City's ability to accept the
additional sanitary sewage generated by any proposed
development;
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LORIN C. SAUNDERS - REZONE
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(b) The water service for any development of this property
shall be from an existing main located in W. 8th Street;
and
(c) Water service to any development of this property is
contingent upon positive results from a hydraulic
analysis by the City's computer model.
11. It is further concluded that, as a condition of the grant
of the zoning amendment, the Applicant must meet and comply with
the comments, recommendations and requirements of Shari Stiles,
Planning and Zoning Administrator, which comments, recommendations
and requirements included, but are not limited to, the following:
(a) As part of any development of the property on Idaho
Street and Broadway Street shall be extended to and
through the property in accordance with Ada County
Highway District standards, with. five feet wide sidewalks
on both sides;
(b) Fire access and hydrant locations shall be provided in
accordance with the Uniform Fire Code and Meridian Fire
Department policies as part of any development of the
property;
(c) As part of any development of the property, the Applicant
shall provide curbing and underground sprinkler system
for all landscaped areas;
(d) As Nine Mile Creek is designated as a bike path in the
Meridian Comprehensive Plan, plans pertaining to Nine
Mile Creek shall be reviewed and approved by the City,
Nampa & Meridian Irrigation District, and, if necessary,
the Bureau of Reclamation;
(e) The Applicant shall install a permanent six foot high
perimeter fencing prior to obtaining building permits,
except where this requirement is specifically waived in
writing by the City;
(f) As part of any development of the property, all paving,
striping and signage of parking lots is to be in
accordance with Meridian City Ordinance and the Americans
With Disabilities Act;
(g) As part of any development of the property, lighting
shall be designed so as not to illuminate adjacent
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LORIN C. SAUNDERS — REZONE
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residential properties or cause glare, as determined by
the City of Meridian;
(h) As part of any development of the property, the Applicant
shall submit to the City of Meridian information to
substantiate that the property shall have direct access
to a transportation arterial or collector, shall abut or
have direct access to a park or open space corridor, and
shall be connected to the Municipal water and sewer
systems of the City of Meridian.
(i) As part of any development of the property, the minimum
lot size shall be 4,250 square feet per dwelling unit;
the townhouses have two -car garages; any single-family
detached housing shall be a minimum of 1,301 square feet
in size; townhouses should not be smaller that the size
set for a duplex, which is a minimum of 800 square feet
in size per unit, exclusive of the garage, which shall be
a two car garages;
(j) As part of any development of the property, a minimum of
a 20 feet planting strip shall be required along the
railroad corridor, outside of the existing right-of-way
and beyond the fence to be installed; and
(k) Further conditions shall be examined and considered, and
may be placed upon any application for a conditional use
permit for the use or development of the property.
11. It is further concluded that, as a condition of the grant
of the zoning amendment, the Applicant must meet and comply with
the comments, recommendations and requirements of the Meridian
Police Department, the Meridian Fire Department and the Nampa &
Meridian Irrigation District.
12. It is further concluded that, as a condition of the grant
of the zoning amendment, the Applicant must meet and comply with
the comments, recommendations and requirements of the Ada County
Highway District, which comments, recommendations and requirements
included, but are not limited to, the following:
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LORIN C. SAUNDERS - REZONE
• 0
(a) As part of any development of the property, the Applicant
shall construct a minimum 5 feet wide concrete sidewalk
on 8th Street abutting the site;
(b) As part of any development of the property, the Applicant
shall construct a minimum 5 feet wide concrete sidewalk
on Broadway Avenue abutting the existing curb on the
site's frontage;
(c) As part of any development of the property, the Applicant
shall continue the roadway grid.system through the site
by extending Idaho Avenue and Broadway Avenue from the
property's east boundary to the site's west boundary.
Additional north -south roads may be constructed as
needed;
(d) The streets shall be constructed as 37 feet street
sections with curb, gutter and five feet wide sidewalks
within the 50 feet right-of-way; and
(e) Stub streets to undeveloped parcels abutting the site may
be required upon review of any future applications for
the property.
13. It is further concluded that, as a condition of the grant
of the zoning amendment, the Applicant must meet and comply with
the comments, recommendations and requirements of Central District
Health Department, which comments, recommendations and requirements
included, but are not limited to, the following:
(a) As part of any development of the property, plans for
central sewage and central water shall be submitted to
and approved by the Idaho Department of Health & Welfare,
Division of Environmental Quality;
(b) Street runoff shall not create a mosquito breeding
problem;
(c) As part of any development and use of the property, the
first one half inch of stormwater shall be pretreated
through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface
water quality; and
(d) As part of any development of the property, the engineers
and architects involved with the design of this project
shall obtain current best management practices for
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 25.
LORIN C. SAUNDERS - REZONE
stormwater disposal and design a stormwater management
system that prevents groundwater and surface water
degradation.
14. It is concluded that the above -conditions are reasonable
conditions of the grant of the zoning amendment.
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW
The Meridian City Council of the City of Meridian 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
:LZC�_
VOTED
VOTED
VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 26.
LORIN C. SAUNDERS - REZONE
DECISION AND RECOMMENDATION
The City Council hereby recommends that the property set forth
in the application be approved by the City Council for the zoning
amendment requested under the conditions set forth in these
Findings of Fact and Conclusions of Law, including that the
Applicant or its successors in interest, assigns, heirs, executors
or personal representatives enter into a development agreement, and
that the property only be developed as a planned unit development
under the conditional use process; that if the Applicant is not
agreeable with these Findings of Fact and Conclusions of Law and is
not agreeable with entering into a development agreement and
developing the property only as a planned unit development under
the conditional use permit process, the application for the zoning
amendment shall be denied.
MOTION:
APPROVED: DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 27.
LORIN C. SAUNDERS - REZONE
•
/947
RECEIVED
J U L 15 1997
CITY OF MFRMN
Meridian City Council
July 1, 1997
Page 2
that ordinance Ashford Greens may not even need a variance. So I think that I would
like to table that until our first meeting in August which would be August 5.
Bentley: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Bentley to table item 1 to the August
5th meeting, any further discussion? All those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #2: TABLED JUNE 3, 1997: ORDINANCE #760 — COMMISSIONS, BOARDS
AND COMMITTEES:
Morrow: Mr. Mayor I would move that we table that to August 5th, we in the course of
our work the last two months have not had an opportunity to re -work those ordinances. I
would like to table items #2 and 3 to August 5th to give us an opportunity in our planning
session to re -work those two ordinances please.
Bentley: Second
Corrie: Motion made by h Mr. Morrow, second by Mr. Bentley, to table items 2 and 3 to
the meeting of August 5 , any further discussion? All those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #4: TABLE JUNE 17,1997: REQUEST FOR REZONE OF APPROXIMATELY
9.42 ACRES FROM R-4 TO R-15 BY LORIN SAUNDERS:
Tolsma: Mr. Mayor I need to step down, I have a conflict with this one.
Corrie: For the record Councilman Tolsma is stepping down with a conflict of interest.
Stanfield: Scott Stanfield with JUB Engineers representing Lorin Saunders on the
request for a rezone from R-4 to R-15. Gary Lee is the project manager of this project,
but he could not make it this evening. Basically this is a request for rezone from R-4 to
R-15 of approximately 9.42 acres lying south of Pine and West of 8th Street. A little
history behind the project, is back in February of this year Mr. Saunders submitted a
rezone application and on February 11th the Planning and Zoning Commission
recommended approval of the rezone request. However during the Council meeting it
was tabled due to lack of sufficient evidence supporting the project. Consequently he
has hired JUB to prepare the engineering concept plan that each of you should have in
your packets. Basically the concept shows that the property is bordered on the south
with railroad tracks and light industrial zoning. Vacant land lies to the west with R-4
zoning, single family residential units to the north with R-4 zoning and town houses and
apartment and duplex to the east with R-15 zoning. The Nine Mile Drain runs through
Meridian City Council • •
July 1, 1997
Page 3
the middle of the property east to west approximately splitting it north and south. As the
plans shows there are 52 building lots with four open space common lots, those will be
landscaped. Minimum frontage will be 40 feet minimum. Minimum lot area will be about
3200 square feet. Density will be at about 5.5 units per acre on this site. A typical
building footprint is also shown on the plan. The units will be town houses as opposed
to duplexes. They will be built in pairs, architectural rules will govern the construction of
these town homes. The units will be a mixture of single and double story ranging in size
from 800 to 1300 square feet. Two car garages will be required for each unit. We
selected this layout, the lot layout, lot size, building size based on marketing analysis
that indicates that this size and configuration best suits this area due to the surrounding
R-15 zoning and the light industrial to the south. However,. Mr. Saunders basically
wants to get the project built. He wants to please the Council and the City of Meridian
and yet have a marketable project that he can sell the lots. That is why we are
requesting a rezone application from R-4 to R-15 at this time.
Corrie: Any questions from Council?
Bentley: In the previous hearings Mr. Saunders I believed stated that he would be
willing to go with an R-8 zone is that still the case?
Stanfield: That is still the case. With the R-8 we foresee applying for a conditional use
permit narrowing the frontage and perhaps agreeing on the minimum lot size with the R-
8. But it is an option.
Rountree: I don't believe you can answer this but my question is has the applicant
considered some type of planned unit development for this property as opposed to
strictly an R-15 or an R-8?
Stanfield: I don't believe that has been talked about as of yet.
(Inaudible)
Saunders: We briefly discussed it, I am not opposed to anything that makes the project
a good one. I just, I was wondering about, I think the planned unit development requires
some kind of an access wasn't it Shari? Highway access or something like that, that
presented a little question.
Shari: I am sorry I can't hear anything he is saying.
Saunders: On the planned unit development it was my understanding that there was
some question about an arterial unit there. I wasn't sure what we were talking about,
maybe it isn't important.
Meridian City Council 0
July 1, 1997
Page 4
Stiles: I think that was a condition of the R-15 is that you be adjacent to a collector or an
arterial. The planned development doesn't have anything to do with an arterial. The R-
15 zone itself has a condition that you have direct access to a collector or arterial.
Saunders: I don't really mind a planned unit development. My main concern is getting
the property that can be sold. It is kind of in a tight area there and it presents some
marketing problems. Now they, the neighbors have kept very good care of their
condominiums and that helps us a lot. Our housing, regardless of what we do is going
to be expensive than what is anything down there. It is going to be nicer because we
have to put in the two car garages and they are gong to be a pretty nice project. They
have got to be nice to be able to sell them but yet we are challenged on the price that
we can sell them for in that area. So whatever is best for the City and so that I can get
the project developed I am willing to do anything I can. This density is 5.5 units per acre
is not a whole lot more than 4 units to an acre. It is getting, it is not going to be a
crowded area it should be a nice area. So Gary Lee took everything and he kind of
designed this concept with some of the things that we had and thought it was a pretty
good concept didn't he. His father is ill right now so he missed this meeting. I just want
to get something going and something that I can market. I did have a builder to work
with even though I don't right now. I am looking for another builder, I have a couple in
mind. The fellow that was working with me decided not to be involved in the project. I
can't get commitments from the builders until I get some rezoning or get something
resolved so they can spend some money and put the plan together. I would just like to
know what you want to do. I thought this would be a pretty good plan. But whatever you,
if there is something about it you want changed. Like I say I am very willing to work
within the R-8 zoning, density. The only trouble with R-8 it indicates duplex, it doesn't
say anything about town houses and I was a little concerned about that. We decided we
wanted to use town houses and not duplexes and R-15 did specifically state town
houses where R-8 doesn't we can build town houses on R-8 with zero lot line then no
problem at all with me. The lot sizes, I can, I am open to suggestions there too, I have
talked to the neighbors down there and they feel pretty good about what I proposed to
them. I showed them the plan, in fact I left them one and met with their homeowners
meet down there and met with them and showed them what I was doing. Unless they
changed their mind they were all very amenable for this type of a plan. What I am trying
to do is whatever it takes to get the project going.
Corrie: Any further questions from Council?
Morrow: Mr. Mayor can we have a staff report from Shari and Gary concerning the
proposed layout in the R-15, R-8, planned unit proposals?
Stiles: Councilman Morrow, Mayor and Council, I just reviewed this briefly today, I
guess part of the problem I have is if you are going to go with an R-8 even though Mr.
Saunders indicates he has no problem with the R-8 this does not meet the requirement
of an R-8. The minimum size at least for a duplex unit I believe is 4250 for a duplex
unit. Single family homes of course would be 6500 square foot minimum. Although my
Meridian City Council 0
July 1, 1997
Page 5
comments indicated they would be required to go through the conditional use process
my intent there is that it would be a planned development under the conditional use
process. They are going to have to have the minimum ten percent open space and I
believe they will exceed that with the Nine Mile Drain. Also as part of the conditional
use application we would ask for actual building elevations and materials of construction
to know what the buildings are going to look like on the site to see, so that went through
the approval process if that is what you so desire. This is a hard piece of property, I
know there is R-4 lots adjacent to Pine. They have buffered them somewhat although
they are not going to be the size of those lots that are there currently. With what some
of the things that you have to pass through to get to this piece of property you are not
going to get I don't believe that you will get people that want a single family typical
subdivision. It is good to have a higher density close to town. I guess my main concern
is knowing what the buildings are going to look like, how they will fit on those lots and I
am sure it will be a sellable project.
Morrow. Question, in terms of if you are going to do R-8 then in order to change
frontages and that type of thing you would have to do a variance would you not?
Stiles: As part of a planned development you can ask for changes in some of those
requirements. It would be better to do it as a conditional use application because
otherwise they are asking for a variance on tiling the Nine Mile Drain even though we
don't permit that to be done. A variance on the frontages, on the side setbacks because
our ordinance doesn't allow for zero lot line development.
Morrow. So your favored way of going then if we are going to do the R-8 would be to do
a planned unit development where all of those things can be covered as part of the
planned unit development presentation is that correct?
Stiles: Yes
Corrie: Gary, do you have any comments?
Smith: I don't think I have many Mr. Mayor, just the sewering of the system I would
assume that JUB has traced that sewer line back from the existing manholes to make
sure there is enough depth to serve the property. I think in part of that area it was
getting kind of tight as far as depth. I would assume that they have looked at that. I
really don't have any other comments concerning.
Corrie: Is his assumption correct?
Stanfield: Correct, we did a preliminary analysis on which direction to come from the
sewer and in any case we would come off of Pine through property owned by Mr. & Mrs.
Hanson and they have tentatively agreed to the possibility of providing the 20 foot east
of their property.
Meridian City Council •
July 1, 1997
Page 6
Morrow: 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 MEETING: July 1 1887
APPLICANT: LORIN SAUNDER3 ITEM NUMBER; 4
REQUEST: REQUEST FOR A REZONE OF APPROXIMATELY 9 42 ACRES FROM R-4 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:
OTHER:
COMMENTS
All Materials presented at public meetings shall become properly of the City of Meridian.
i
June 26, 1997
Mr. Will Berg, City Clerk
Honorable Robert Corrie, Mayor, and City Council Members
City of Meridian
33 East Idaho Street
Meridian, ID 83642
Dear Mr. Berg:
RE: SAUNDERS PLACE SUBDIVISION (Lorin Saunders)
Annexation
J -U -B ENGINEERS, Inc.
ENGINEERS • SURVEYORS • PLANNERS
250 South Beechwood Avenue, Suite 201
Boise, Idaho 83709-0944
208-376-7330
FAX: 208-323-9336
Enclosed please find 10 copies of an Engineering Concept Plan for Saunders Place. Please forward
a copy of this plan and letter to each City Councilmember and Shari Stiles for their review as soon
as possible. We are requesting that Lorin Saunders' re -zone application be placed on the City
Council's agenda on July 1, 1997.
As you may recall, Mr. Saunders submitted an application for re -zone in February 1997. The
Planning and Zoning Commission held a public hearing on February 11, 1997. However, during the
following City Council meeting, the Council tabled the item and requested additional information
about the proposed project. We believe the Engineering Concept Plan and our testimony on
July 1, 1997, will assist the Council in evaluating the re -zone request.
We appreciate your assistance in this matter. Please call if you have any questions.
Sincerely,
J -U -B ENGINEERS, Inc.
A401 Alo�-
R. Scott Stanfield, E.I.T.
Engineer -in -Training
RSS:lhc
Enclosures
cc: Gary A. Lee, P.E./L.S., Project Manager
Lorin Saunders
f:\projects\11319\admin\cityltr1.doc
Meridian City Council
June 17, 1997
Page 3
ITEM #1: TABLED JUNE 3,1997: REQUEST FOR A REZONE OF APPROXIMATELY
9.42 ACRES FROM R-4 to R-15 BY LORIN SAUNDERS:
Morrow. You have in your packets a letter from Mr. Saunders requesting a table until
the July 1St meeting, is there a discussion or motion to table to the July lot meeting?
Rountree: Mr. President I would move that item 1 on our agenda be tabled until our
regularly scheduled meeting July 1St and item 2 as well because it is connected to the
resolve of item #1.
Tolsma: Second
Morrow: Moved and seconded to table Item #1 the request for the rezone of
approximately 9.42 acres from R-4 to R-15 by Lorin Saunders and Item #2 the request
for annexation and zoning of approximately 1 acre to R-15 by Larry and Kay Hanson, all
those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #3: TABLED JUNE 3, 1997: PRELIMINARY PLAT FOR PACKARD
SUBDIVISION NO. 2 BY PNE/EDMONDS CONSTRUCTION:
Morrow. Some guidance here Counselor, the public hearings are all completed in terms
of this process. What the Council has been waiting for is a resolution of conflict
between staff and the developer's representative with respect to a written response to
questions that the staff has raised. The proper procedure here would be my question is
the proper procedure now is do we simply ask Staff if that resolution has taken place
and we press on or do we have a presentation by Mr. Tealey in terms of those
responses and stand for question. If so is there an opportunity for neighbors or
members of the public to ask questions concerning that?
Crookston: I believe that the proper procedure would be for you and the Council to ask
the staff if they have received their responses. If they have then I would move to the
point of asking Mr. Tealey if he has any comments. If they have not received those then
it is up to the Council as to whether or not they want to proceed further at this time or
whether they want to table it until staff receives their responses.
Morrow: Thank you.
Tolsma: Mr. President, being as how we just received these things today and I haven't
had a chance to look at them and I know the other councilmen haven't had a chance to
look at them I am in favor of leaving it lay until the next scheduled meeting. They should
have been in here last Thursday so we would have a chance to look at this thing. That
* �s
MERIDIAN CITY COUNCIL MEETING: June 17.1997
APPLICANT: LORIN SAUNDERS ITEM NUMBER; 1
REQUEST:_ REQUEST FOR REZONE FROM R-4 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:
OTHER:
COMMENTS
44 1 S9 A
J�P' �� r
All Materials presented at public meetings shall become property of the City of Meridian.
06/13/1997 19:02
208-888-7176
#6
Meridian City Clerks Office
City of Meridian
Meridian, Idaho 83642
Att: Anna,
PICTURE GALLERIES, I
RFCIE�OvEO
JUN 16 1997
CITY OF MERIDIAN
PAGE 01
1 6 1997
CITY OF MERIDIAN
JUB Engineering has informed me that because of the delays in getting all the information they
need for the preliminary plat that they will not be ready for June 17' meeting with the City
Council and request an extension until the July I" meeting. They are hesitant to go before the
Council with less than what they feel is needed for their presentation.
1 am, therefore, requesting another extension until the July 1' meeting.
1 appreciate your continued cooperation.
Sinc ly you
fo 1�u
Lorin C Saunders
Broadway Estates
6,14,97
JUN 13 '97 19:06
208 888 7176
PAGE. 01
RECEIVED
JUN 17 1997
C!'CY OF MF,RI9IAN
0
2101 E. U TICK PH.888-24J5
1441, MERIDIAN, ID 83642
yv wx� lye
•-:;
i : .,.; �. ...
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 we 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, 1 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 1 st meeting?
Morrow: Yes
•
MERIDIAN CITY COUNCIL MEETING: June 3.1997
APPLICANT: LORIN SAUNDERS ITEM NUMBER; 2
REQUEST: REQUEST FOR A REZONE FROM R-4 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
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
06/03/1997 09:33
City of Meridian
City Clerks office
Attention: Anna
Dear Anna,
208-888-7176
•
PICTURE GALLERIES,
E
4ECrEt VED
rtrtv 0 3 MW
CITY GP MERIDIAN
We have decided to bring before the City Council a preliminary plat rather then just a concept
plan. To do this we have hired Gary A. Lee of J -U -B Engineers, Inc. to do the work. Assisting
Gary in the project is Scott Stanfield.
Because of the more extensive work the preliminary requires we will need until the 17'x' of June to
get everything ready for the City Council presentation. Scott Stanfield of J -U -B has an
appointment with Sheri Stiles on June 9's to review everything before the preliminary is finally
drafted.
Gary Lee recommended that we do a preliminary rather than just a concept plan as it would
provide the information that would give the City Council the information they need.
Wherefore I'm requesting that you put us on the agenda for the June 1701 meeting.
I appreciate you help and consideration.
Sinc y yours,
0
n C Saunders
Broadway Estates
JUN 03 '9? 09:3?
208 888 ?176
PAGE. 01
RECEIVED
JUN 1 M7
CITY of MERHMM
e9 171
��
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 3rd meeting (inaudible) would a motion to table to June 3d
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-
151 think we can go forward 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 3rd
Morrow. Is there a motion to table to June 3`d?
Rountree: I move to table item #3 to June 3rd.
Tolsma: Second
Morrow. It has been moved and seconded to table item 3 to June 3`d, 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?
0
r
MERIDIAN CITY COUNCIL MEETING: May 20 1997
APPLICANT: LORIN SAUNDERS ITEM NUMBER; 2
REQUEST•REQUEST FOR A REZONE OF APPROXIMATELY 9.42 ACRES FROM R-4 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:
COMMENTS
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
13/05/1997 22:24 +41-64-529-373
Sheri Stiles
Meridian Planning and Zoning
5-13-97
Dear Sheri,
I won't be home from visiting my son and his family here in Switzerland until atter the
May 201 Council Meeting but I will personally be able to present a plan to the City Council on the
June 3rd meeting. I appreciate the Councils patience with me.
Because of the opposition and concern about an�R� l 5ro siori' I'm having my Engineer
for two uni Townhouses
design a concept plan that will work in an R-8 zoning, P
instead of duplexes.
evious public hearings, everyone who opposed the R- 15 said
As I remember from the pr
that an R-8 would be a zoning they could agree with and that they preferred owner -occupied
housing rather than rentals. Two -unit Townhouses should solve all of their concerns. At least, I
hope so.
Owner -occupied townhouses would bring a more stable neighboruheo,od not hde arethey a because
homeowners usually have more stable jobs and credit to quality
interested in taking better care of their property.
It should be a very nice project. The townhouses with double -car garages will be better
and more expensive housing than any in the area, thus maintaining good property values.
I appreciate your help and hope that I can present a plan that the city council will be
pleased with,
if for some reason you need to contact me, call my son, Lance, at his office 321-9500 or
at home 895-0686.
Sincerely,
D%v►
Lorin Saunders
MAY 13 '97 14:25 +41 64 529 373 PAGE. 01
6
t
Meridian City Council
May 6, 1997
Page 4
Bentley: I have a question, so we are going to have to make the decision on irrigation
issues and then we are going to inform Ashford Greens whether or not they need the
variance?
Morrow. That would be correct.
Corrie: Any further questions?
ITEM #2: TABLED APRIL 15, 1997: REQUEST -FOR A REZONE OF
APPROXIMATELY 9.42 ACRES FROM R-4 TO R-15 BY LORIN SAUNDERS:
Corrie: Is Mr. Saunders here tonight or a representative thereof?
Tolsma: Mr. Mayor I have to step down on this because this is a conflict for me.
Borup: Mr. Saunders is not here but for tonight I would be his representative. It is my
understanding and maybe I need to clarify that, that it was tabled last time. Council is
requesting at least some type of concept plan on what was not necessarily a full plat is
that everyone's understanding too.
Corrie: I believe so, he had no objections to an R -S but he wanted an R-15 and we had
some problems with what he wanted to do with it so that the concept that we are looking
at. We do have some preliminary concept plans Mayor and members of the Council the
intention here was to develop a town house project which would be separate deeded
lots and ownership. Initially the R-15 was felt that would accomplish that the easiest
way. A couple of things have come up in doing -a preliminary plat. One of them was the
recommendation I think even beyond that requirement to have. tie in access to the
Hansen property to the west of this. And then some things were clarified on Nine Mile
Creek also. In tying into the Hansen's property for them to have usable access it
necessitated moving the roadway from what the original, one of the original concepts
was which still did a layout. The only thing at this point that is a little bit of a problem is
that area there where as a question mark is quite a large area with no real good access.
The, I am not sure what can be done in that area, the best use it looked like would
probably be maybe be apartments in that area, some four plexes in that area. I am not
sure how that fits in with what was already discussed. The other thing on the town
house aspect was some of the, it looked like some of the lots on a block could come out
with an uneven number which would mean neither a single family house or maybe
better use as a triplex type unit. But the concept still is to be a town house with deeded
lots. Again maybe some better layouts could be taken care of, we do have a railroad
buffer on the south of the property. A 100 foot right of way for Nine Mile Creek which
looks like doing anything other than keeping that open is not going to happen. Nampa
Meridian would just assume cover it, the Army Corps of Engineers and Bureau of
Reclamation just assume keep it open. Didn't have a lot of other, unless there are
some questions other than maybe my question is this enough of a concept or are we
Meridian City Council
May 6, 1997
Page 5
looking for more detail at this point. It was kind of felt to go ahead with doing a full real
detail needed to know what size the building units would be and some of that was
difficult without knowing exactly what was looking at on zoning and zoning
requirements. We have a piece here that is adjacent to an apartment complex and a
condo complex and sandwiched in between that and some bare land on the other side
which in past years has had applications in for I understand it for an apartment complex.
So it is kind of a difficult piece to develop in a market place. It is definitely difficult as
single family housing. But we thought this was a good use for that area where it down
with the apartments on one side and rail road tracks on the other side.
Corrie: Council, questions?
Morrow. Mr. Mayor, I have questions, Mr. Borup your interest in this project is?
Borup: At this point the intention is a joint venture with Lorin Saunders on development
and construction of the buildings. We have a verbal agreement at this point, we have
not signed a formal agreement.
Morrow. I guess from my perspective I am having a terrible time with conflict of interest
here. You are a sitting member on the P & Z Commission?
Borup: Yes, and my association with Mr. Saunders came after the initial submission to P
& Z. When it came before findings of fact, I withdrew myself from participation on that
because I had one phone conversation with him at that time. So I abstained, but prior at
the first meeting there I had not had any contact with him at all.
Morrow. Okay, but then you are representing him tonight?
Borup: Yes
Morrow. I have no more questions at this time.
Rountree: Keith what is the ballpark figure of square footage for one of these long lots
on what appears to be Broadway extended?
Borup: I don't have my plat, but the smallest lots in there are you looking at the area
south
Rountree: South of the drain
Borup: Okay, most of those along there on the concept are about 40 feet wide which
would be equivalent to an 80 foot lot if it was a duplex lot. The intention is not to go to
duplex, one duplex lot and put a duplex on it to go to deeded lots. The depth varies from
100 to about 130 1 believe because that piece widens as it goes to the west so the
Meridian City Council
May 6, 1997
Page 6
depths increase as it goes further to the west. We are well under the 8 per acre, I
believe this is coming out around 51 lots the way that is drawn now plus that large
question mark area that is hard to access. I think an 8 per acre would come out about
75 lots.
Rountree: You indicated the Bureau and the Corps were opposed to tiling the Nine Mile
Drain?
Borup: They didn't say they were opposed they said it would be a. whole other process.
Their initial response was they are fine with whatever Nampa Meridian wants to do.
And they had no real input they wanted to give on the thing and then it was brought up
about tiling it and they said well that is different, if it is tiled then we would have to go
through the application process with them and their inclination was they just assume
leave it open. I do know talking that well maybe not, the same ditch goes through
Salmon Rapids talking with that developer he did not try to, he did not apply to have it
tiled though (inaudible) all he did was road crossing. The initial, that was the first idea
was to tile the whole thing and have a park like a green belt in that area, which is still
what would happen but you lose a lot of it to the open ditch area. But that is a lot larger
right of way then most of the canals and drainage that we see.
Rountree: I don't have any further questions.
Corrie: Thank you, Council, questions of Staff?
Rountree: My guess is that staff doesn't have any more time with it than we do. But if
they have some immediate questions I would like to hear them.
Morrow. Mr. Mayor, I think for purposes of discussion two items is that I don't think that
Mere we ask Mr. Saunders to present a development plan that this qualifies as a
development plan in comparison to what we get from other folks that we require
development plan for. The other issue is a bit of a sensitive one and that is with respect
to the conflict of interest issue that it would be better served (inaudible) Mr. Saunders
were representing himself or hire outside counsel rather than a member of the city
government. I am sensitive to the fact that by virtue of our industry we are involved in
buying and selling lots in projects and in the course of business we do business within
the City. But we do so declare, we do so by hiring outside inspectors and in no way,
shape or form put ourselves in position where there is the slightest appearance of
conflict of interest. So I think from what my perspective I would like to see a table on this
so that Mr. Saunders can either present the project himself, hire somebody else to
present the project and develop the development plan that is more line with what we
see presented from other development teams that do business before us in the City.
Corrie: Other comments for discussion?
Meridian City Council .
May 6, 1997
Page 7
Rountree: Mr. Mayor, I tend to agree with Walt in terms of the amount of definition we
have for this particular development. I am a little uneasy yet to pursue the findings of
fact with the request for an R-15 without some more specificity. Again back to previous
discussions if it were an R-8 type of development I would still like to see some more
specific information but I would be more inclined to look favorable upon that. As far as
some of these unusable spaces and the Nine Mile Drain if that is not tiled I think it
should b incorporated into some open space. Given the density of residential the
attractiveness of that drain for all ages of folks to make sure that is an amenity to that
part of the community if in fact it is developed as opposed to an attractive nuisance.
Bentley: I would just concur with what has been said and -1 too would lean better
towards an R-8 zone, it is has been spoken in the findings that Mr. Saunders doesn't
have a problem with it and the current residences that are there feel the same way they
want to see an R-8. With that I would agree that this should be tabled until the next
meeting. I move we table it to the 20th of May.
Rountree: Second
Corrie: Motion made by Mr. Bentley, second by Mr. Rountree to table item #2 until May
20th meeting, any further discussion? All those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #3: FINAL PLAT FOR SALMON RAPIDS NO. 4 SUBDIVISION, 54 LOTS BY
FARWEST DEVELOPERS:
Corrie: Is there a representative from Farwest Developers here?
Bowcutt: We received staffs comments on Friday, I faxed response to all of their
comments on Monday, they were sent to Will and Bruce Freckleton. I think we pretty
much concurred with all of the comments. I did have a little discussion on item ten, it
was indicated that prior to plan approval and plat approval we had to have Nampa
Meridian Irrigation District accept the pressurized irrigation in this phase four. I indicated
that obviously they don't accept something that is not constructed and I can't construct
something unless I have plan approval so I can get a pre -con. So I had a little conflict
there. In speaking with Bruce earlier he said he spoke with Gary and they revised that to
state prior to signature on the final plat we will provide evidence that Nampa Meridian
has accepted the system.
Corrie: Becky did they get that street name straightened out with ACHD on the ten
letters or more, item number nine?
MERIDIAN CITY COUNCIL MEETING: May 6 1997
APPLICANT: LORIN SAUNDERS ITEM NUMBER; 2
REQUEST: REQUEST FOR A REZONE OF 9.42 ACRES FROM R-4 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:
OTHER:
COMMENTS
All Materials presented at public meetings shall become property of the City of Meridian.
MERIDIAN CITY COUNCIL APRIL 15. 1997
The regular meeting of the Meridian City Council was called to order by Mayor Robert
D. Corrie at 7:30 P.M.
MEMBERS PRESENT: Walt Morrow, Glenn Bentley, Charlie Rountree, Ron Tolsma:
OTHERS PRESENT: Will Berg, Wayne Crookston, Shari Stiles, Gary Smith, Bill
Musser, Boy Scout Troop #191, Gary Lee, Jim Witherell, Ann Witherell, Robert Smith,
Clinton Yaka, Linda Matthews, Jeff Swanson, Jerry Rowhand, Ken Shelton, Vern Crofts,
Rhonda Williamson, Gordon Anderson, Doug & Lonnie Hill, Mike Tanner, Joseph
Hanson, Jim Williamson:
MINUTES OF PREVIOUS MEETING HELD APRIL 1, 1997:
Corrie: Council, you have reviewed the minutes from April 1, 1997, 1 will entertain a
motion to their acceptance.
Bentley: Mr. Mayor, I move we accept the minutes from the April 1 st meeting as written.
Rountree: Second
Corrie: Motion made by Mr. Bentley, second by Mr. Rountree that we approve the
minutes of April 1st as written, any discussion? Hearing none, all those in favor?
Opposed?
MOTION CARRIED: All Yea
Corrie: At this time I would like to recognize the Boy Scouts from Troop #191 here
tonight, thanks for coming fellows. How you have a good time seeing how your City
government works tonight.
ITEM #1: TABLED APRIL 1, 1997: REQUEST FOR A REZONE OF
APPROXIMATELY 9.42 ACRES FROM R-4 TO R-15 BY LORIN SAUNDERS:
Corrie: Council, we did receive a request from Mr. Saunders to table this to the May 6th
meeting to give him a little bit more time for his request.
Bentley: Mr. Mayor, I move we table the request for rezone of 9.42 acres to May 6th
Tolsma: Second
Corrie: Motion made by Mr. Bentley, second by Mr. Tolsma that we table it until May 6th
the request for rezone by Lorin Saunders, any further discussion? Hearing none, all
those in favor? Opposed?
I
Meridian City Council
April 15, 1997
Page 2
MOTION CARRIED: All Yea
ITEM #2: ORDINANCE #754 — ANNEXATION/ZONING TO I-UMURASKO:
Corrie: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING
CERTAIN REAL PROPERTY WHICH IS DESCRIBED_ AS A PORTION OF THE SE %
OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA
COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. This ordinance is the
Michael and Michelle Murasko property. Is there anyone from the audience that would
like to have the Ordinance #754 read in its entirety? Entertain a motion on ordinance
#754.
Rountree: Mr. Mayor, I move that we approve ordinance #754 with suspension of rules.
Tolsma: Second
Corrie: Motion made by Mr. Rountree, second by Mr. Tolsma that we accept Ordinance
#754 with suspension of rules, roll call vote?
ROLL CALL VOTE: Morrow —Yea, Bentley — Yea, Rountree —Yea, Tolsma —Yea
MOTION CARRIED: All Yea
ITEM #3: ORDINANCE #755 — ANNEXATION/ZONING TO I-UPROPERTIES WEST:
Corrie: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING
CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF LAND
WITHIN THE NE % OF SECTION 18, T.3N., R.1 E., B.M., ADA COUNTY, IDAHO; AND
PROVIDING FOR AN EFFECTIVE DATE. This is an ordinance for Mr. John Barnes
Properties West Inc. Is there anyone from the audience that would like to have
Ordinance #755 read in its entirety? Hearing none I will entertain a motion.
Rountree: Mr. Mayor, I move that we approve Ordinance #755 with suspension of rules.
Morrow. Second
Corrie: Motion by Mr. Rountree, second by Mr. Morrow that we adopt Ordinance #755
with suspension of rules, roll call vote.
ROLL CALL VOTE: Morrow —Yea, Bentley — Yea, Rountree, Tolsma — Yea
MOTION CARRIED: All Yea
ITEM #4: PUBLIC HEARING CONTINUED FROM APRIL 1, 1997: REQUEST FOR A
PRELIMINARY PLAT FOR MEDIMONT SUBDIVISION BY PROPERTIES WEST:
MERIDIAN CITY COUNCIL MEETING: April 15 1997
APPLICANT: Lorin Saunders ITEM NUMBER; 1
REQUEST: Request for rezone of approx. 9A2 acres from R-4 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
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
! 0
City of Meridian
33 E. Idaho Ave
Meridian, ID 83642
Att: Will Berg
Dear Mr. Berg;
RECEIVED
APR - 9 1997
MY OF NERIDIAH
During the last hearing with the City Council concerning my request for re -zoning
The Council requested more platting information before acting on my request. I explained that it
wold be difficult for me to obtain the necessary information before the next meeting. They
indicated that a delay would not be a problem and to let them know when I can Have the
information ready.
I should be ready by the May 6`" meeting.
I hope this meets with the Council's approval.
Thank you for your help.
Sincerely yours,
Lorin Saunders
GL
888-7457
Meridian City Council • •
April 1, 1997
Page 30
Bentley: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Bentley to approve the decision and
recommendation as amended, all those in favor of the decision as amended?
Opposed?
MOTION CARRIED: All Yea
ITEM #9: PUBLIC HEARING: REQUEST FOR A REZONE OF APPROXIMATELY
9.42 ACRES FROM R-4 TO R-15 BY LORIN SAUNDERS:
Tolsma: Mr. Mayor, I would ask to step down on this (inaudible) abuts my property and I
do have a problem with it.
Corrie: Any objections to Mr. Tolsma stepping down? I will open the public hearing and
invite the representative first.
Lorin Saunders, 688 East Sugarberry Drive, Eagle, was sworn by the City Attorney
Saunders: When I first came to the Planning and Zoning for this rezoning I had tried
previously to develop the property because it is in an apartment area I couldn't do the
R-4 zoning because no one would build houses there that (inaudible) they didn't they
could sell them in that area. I approached the Planning and Zoning staff on this and
they recommend that I request an R-15 zoning. Since they have done that I, (inaudible)
didn't know what zonings were available to me but since I have been given approval by
the Planning and Zoning I have done some research on it. It was the right suggestion
for me because it is very hard under the homes that we want to develop that (inaudible)
duplexes the size we want to develop which require a two car garage and at least 800
square feet to get at least 8 units in an acre. We can probably do it under the R-15
zoning. There are some side benefits as well, I have talked to some realtors since that
time and they have indicated the people who buy these units don't want to be involved
in a lot of yard work. So by being able to cluster the (inaudible) like that it gives the
whole project a little more open space and the common area seems to be a little more
visible, just a nicer project. So, I do appreciate the recommendation and that is why I
am seeking the zoning. I have a couple of questions that are found on, in pages of the
review by the City staff to you gentlemen. First on page 2, item 6, 1 have already
mentioned that we can't develop it under R-4 it is just too big of houses and be able to
sell it. In order for me to proceed any further on it l need to get some zoning changes in
order to get financing to do the project. We have, towards the bottom of that page the
Ada County Highway District has indicated that they prefer the Broadway Street not go
straight through. The Broadway Street would cover most of the drainage ditch that goes
down through that area by turning Broadway south and then going over to the back end
of the property. When people would go down Broadway it would make that whole area
would be a nice park area for Broadway on through the property where Broadway would
extend otherwise. So it would be a very nice looking area as you go down to the area
Meridian City Council •
April 1, 1997
Page 31
because of the park area that is required for this type of zoning. I would like to mention
there was some concern of the people at the last meeting about the ditch being open. It
is quite a deep ditch and I was involved in bringing Broadway down to it. It was clear
back when Mayor Storey was the Mayor of the City (Inaudible). We covered the ditch,
we got permission to do it and since this objection has come up I have gone and called
the Bureau of Reclamation, the Nampa Meridian Irrigation District and talked it over with
ACHD and they see no problem with covering the ditch and tiling it. But either way we
would be able to make a nice park out of it. It might be a little better even if it were tiled.
Some of the people were kind of a little worried about the safety of their children. So
either way we can do either one, the cost is going to be about the same. We would like
to do it (inaudible) which way they would like us to go on that, on this particular item.
Another thing the City, I (inaudible) I used to own that property and I converted it to
condominiums and sold it individually. Over the years these people have taken care of it
and it is a very nice area for condominiums. The apartment houses in the back present
some difficulty but because of the way they have taken care of the property on the
condominiums it makes the kind of project we want to develop feasible because it
transitions from the heavy duty apartment areas to condominiums and then to our
project. They indicated some problems or some concern about having duplexes and
rentals through the area and I agree with their concerns. I talked to some builders, I
have also talked to realtors so what I am proposing is that we will build mostly
condominiums and town houses but they will be two units with double car garages, it
will be better than anything that is in the area and it will compliment the housing across
the street. The realtors that I have talked to told us that this type of housing if we can
build it down in the price range that is compatible to the area would be something that
we could really market. If we build a couple of show homes that we can probably sell
the entire property. In fact they indicate it would be better than doing it with duplexes.
So my intention is to build mostly homeowner occupied properties in the area. I have
talked to some builders, we have a builder now that is ready to go immediately on the
project, if we can get the zoning changed so that we can get it developed. It was
approved on a conditional use permit provision which gives the neighbors a chance to
review and know that my intentions and our intentions are honorable and we will follow
through with our commitment. I might also add that I don't think, there was some
concern about a higher density apartment area being built down there, that is not what
we are going to build or intend to build. I because of the discussions we have had I
don't think there is a ghost of a chance of anything like that ever happening because I
don't think the Council of the Planning and zoning would ever approve and we of course
would never submit it. I just say this to rest the neighbors worry, it is not going to
happen. They have through the Conditional use Permit a chance to review what we
plan to do and we plan to keep them .well informed of our project as we proceed. The
project I think would really compliment the property values down there. It would increase
the property value that the people that are the most concerned that have the
condominiums and we would hope it would set a precedent to protect our interest in the
property too. The builder that I have we are all residents of this town or this area, we
have been here for many years. We have nothing but the good of the community in our
minds and the builder intends to build or buy some of the units himself. So we are really
Meridian City Council
April 1, 1997
Page 32
quite concerned about keeping the property values up and making it (inaudible) I
mentioned also add some concern to the property and I don't know how many children
will be there. The realtors I have talked to said that these type of homes will probably
be purchased by older couples, single working people and entry level married couples
when they get too many children, the units won't be very large but they will probably all
be two bedroom units. They move onto other housing so according to what the realtors
say there probably won't be a lot of children here. It is mostly a bedroom type
community and they think it will be do very well because of its close proximity to the
community. I am looking forward to building and I want to build it so that it enhances the
property value of the people here and they will of course have an opportunity to
question my integrity when we come with the right plan through the conditional use
permit. I think they will be very pleased with what we do. In reviewing what I have just
mentioned first of all by the R-15 zoning it gives us the opportunity to really get about 8
units to an acre by the time you take the roads out and the common area, the right of
way and all of those things it just about all we are ever going to get when we put a two
car garage with an 800 square foot unit you just don't anymore than that. R-15 allows
us to do that any other zone it would be a little difficult to get those units and it brings
the economies to scale so the property can be developed. We get rid of a problem of a
weed patch and a trash dumping it has not been very good down there all these years
and has years progress it has become more difficult for me to get it cleaned up because
people dump trash down there. (Inaudible) it is an open field I guess is an invitation the
year before last I mowed the weeds I wrecked a beg wheel on the tractor and damaged
my beater because you just don't know what is in there from one year to the next so I
would clean up the area and I think it would be better for the community and the people
that lived there. I (Inaudible) to protect our own property. There will be CC&R's in the
property which will be strict and it will maintain the value of the property owners. We
found that since there will be community property the association a homeowners
association will take care of most of all of the common area and it won't be very much
cost, because of the number of homes that will be developed. Also I have discussed this
other realtors and they say that this type of project usually the homeowners association
takes care of all of the lawns including all of the lawns of housing where there aren't too
many isn't too large of a lawn per unit and it is cheaper for each homeowner to do it. So
the place looks cleaner, there will be some very nice green areas along with a bike and
walking path which the City requires that will be maintained by the homeowners
association and not a great deal of expense. It will be something that everyone wants to
do. When you drive down the end of Broadway it is going to be a nice looking clean
complimentary area. We are trying to make it so that the property can be sole and the
people will buy it. The City requires street lights so it is going to be safe at night. The
property will probably attract according to my realtors and everything that I have done to
investigate it industrious and really nice people that want to live there. There won't be
people on welfare and we will build all of the units even the duplexes in a manner that
can be sold separately. So in essence even the duplexes will be condominiums so that
in case, I found out this in the past that if you own these properties it gives you a lot
more latitude if you can sell them individually. So that is the way we are going to
develop them. I have a builder that has been here for many years, I have lived here for
Meridian City Council • •
April 1, 1997
Page 33
30 years and it has only been the last two years that my address has been Eagle and I
didn't, the only way it was made Eagle because they annexed the farm I live on and I
had to give up my meridian address. It was pretty hard to do, all of kids graduated from
Meridian high and we just lived here for a long time. But I requested the zoning change
and I really think it would be in the best interest of everyone concerned. Like I said we
will address an of the concerns of the people and I just request that you approve the
zoning change. And the staff recommends it and 1 think it makes sense. Thank you
very much if You have any questions I would be glad to answer them.
Corrie: Thank you, anyone else from the public that would like to issue testimony at this
time?
Vern Alleman, 2101 East Ustick, Meridian, was sworn by the City Attorney.
Alleman: My concerns are listed in the facts and findings under paragraphs 13 to 18.
And the petitions as has been presented to you. Now the petition that I have in addition
to that I have two more and I think probably one person .will probably testify tonight. The
other one is (inaudible) Scrivner at 728 West 8th he has property at that address.
Additionally I had reports of problems with young people crossing private property at will
and carrying off items plus coming over the wooden fence and taking produce from the
garden. Hopefully a 6 foot sealed seam link fence will help to eliminate this problem. Do
I need to restate my concerns as listed in the facts and findings. I have contacted most
of the neighbors and didn't find one in favor of the R-15 zone except I understand Larry
Hanson whose property adjoining the Saunders property is in favor. But anybody else I
contacted has been against this. As I stated in the petition the R-8 zoning is favorable.
If there are any questions.
Corrie: Thank you sir
Melinda Belt, 720 West 8th Street, Meridian, was sworn by the City Attorney.
Belt: I am the president of the Broadway Estates Homeowners Association, the
condominiums across the street from this property. I am representing the homeowners
in my testimony. I also testified at the Planning and Zoning meeting which is my
testimony is included in the findings of fact and conclusions of law. My main concern
and our main concern with this is not that the property be developed but the R-15
zoning. In several places in the findings of fact and conclusions of law it is mentioned
that Mr. Saunders intention is to build duplexes. It mentions on page 12, that he does
not mind being restricted to duplexes and the zoning. Duplexes are the highest density
for which he cares, he does not believe a higher density would compliment the area.
On the next page he also says he believes the best use is the construction of duplexes
which is the highest density he desires. Mr. Saunders testified that he would not be
opposed to an R-8 zoning which would allow the construction of minimum 800 square
foot duplexes. Under item 22, R-8 zoning is fine with him if such zoning makes the
neighbors surrounding the property more comfortable with the project. Or restricting the
Meridian City Council •
April 1, 1997
Page 34
size of the buildings on this application is also fine with him. Basically what our concern
is, is why he is seeking R-15 when R-8 will satisfy the needs that he has expressed.
The R-15 does allow the building of apartments with a conditional use permit but no
conditional permit required for duplexes. The R-8 would also allow duplexes without a
conditional use permit. So we just don't quite understand why we need to go clear to R-
15 if R-8 is sufficient. We had discussed that in the first planning and zoning meeting
and I had the impression at that point that the Planning and Zoning commissioners were
in favor of looking into R-8 rather than R-15. There were just a couple of comments that
he made that concerned me. Saying that he thought that they would all be homeowner
occupied and once the places are built and sold the builder and the prior owner aren't
going to have any control whether they are owned occupied or whether they are rentals.
Even though they are small the apartments behind us are very small and they have a lot
of children in them. I don't know where they put them but they are there. So that really
doesn't seem to have much affect on the type of size of the families in some of these
places. The other problem that we have kind of bantered back and forth is about the
trash being dumped and the things like that on the property. I would just like to reiterate
in the three years that I have lived I believe that the weeds have been cut down once.
And that was after I spent a year and a half contacting the City and different officials
trying to get it taken care of because it was a fire hazard. The only instances of trash or
anything put over there by anyone in our neighborhood that I am aware of were two
Christmas trees that were dragged over there different years that I observed. They
were both taken over there by renters. So that was part of the whole basis of our
argument against the rentals versus the homeowners occupied. We just want to be sure
to have something that is going to enhance the neighborhood rather than to drag it
down. Do you have any questions for me?
Rountree: Do you know the zoning of your property?
Belt: I believe we are R-8
Corrie: Thank you
Morrow: (Inaudible)
Stiles: The zoning in Broadway Estates is R-15.
Corrie: Anyone else from the public?
Charles Stewart, 821 West Pine, Meridian was sworn by the City Attorney.
Stewart: I have lived at 821 West Pine for 29 years, I have seen everything develop
around there and seen some things deteriorate because of it and the good way of life. I
would be more in favor of the R-8 zoning than a more dense population there because I
had people cut through my property, I am directly in line with 8 h street, 8t' Street dead
ends on both ends of my property and it is a thoroughfare. The kids going to school up
Meridian City Council
April 1, 1997
Page 35
8th street do not want to go around, this development does not help that problem it
makes it worse because it puts more people dead ended down a street. The more
people you put in there the worse the problem is. They rummage through things that
the business next to me, I have to run them off from stealing things. The more people
you put there the more it is going to be a problem I feel. The other concern is that the
second way out of that property is dumped east on Broadway and north on 7th street to
Pine. When you get to that intersection there is a school all three directions, there is one
Up 8th Street, there is one up Pine Street west, the high school and there is the grade
school the other direction. Many people take their students to school in passenger cars
in the City because there is no bus service. There are three intersections that do not,
there are two from the north and one from the south that none of those align and they
are within probably 300 feet of each other. That is a real problem with traffic there in the
morning. My wife tries to get out to go to work, sometimes she has to go to downtown
Meridian and make a circle to go west. The more people, if we put more and more
people in that area it gets worse. So we are really against that type of dense population.
I understood him to say that they are planning 8 units per acre which is 72 that is a lot of
units in a small area. Thank you.
Corrie: Thank you, any questions? Anyone else from the public that would like to issue
testimony at this time?
Saunders: First of all I think that the City ordinance does require that we put a fence
around the property and secondly I don't mind be limited to 8 units per acre. I am not
intending to do any more than that. The R-15 allows us to build the units on a little
smaller piece of property. I think over all it will benefit the aesthetics of the property by
giving us more of a common area, more park area. Since we do have to bring the park,
the bike path through the whole property along the Nine Mile ditch drainage. So I think
the R-15 zoning allows us to make a nice more aesthetic project out of it. Another thing
is the people that live in the project across the (End of Tape) I don't mind the approval
to be given to keep the units 8 units to an acre because I don't think it would be in the
best interest of the homeowners down here to have a lot of apartment houses either. So
I am not opposed to restriction on the R-15 zoning. The R-8 zoning by the time you put
the roads in and all the common areas, it is very hard to get 8 units to the acre which is
what R-8 says you can have. But it is very hard to get it because of the space it takes
to put in those roads and the size of the lots that they require. The size of the houses
are no different if you build a duplex or a condominium or a townhouse two units
together they all have to be at least 800 square feet and they all require a 2 car garage
whether they are R-8 zoning or R-15 zoning. So the houses that we built and we intend
to build a couple of condominium units right across the street as show homes they are
going to be nicer homes than what is down there. And the density is not going to
exceed the 8 units to an acre. Like I say I don't mind being restricted to that in the
approval either. It is just because that is what we want to do. As far as the weeds are
concerned I agree with her that I haven't' been taken care of them. There is some trash
down there and it gets built up every year. I have hauled some of it a time or two, we did
cut the ground last year, I cut them myself the year before and run into some trash. WE
Meridian City Council • •
April 1, 1997
Page 36
have cut them a few times and I apologize we haven't taken care of the property like it
probably should have done. By developing it will certainly be taken care of. I would like
to mention ACHD requires us to run the roads to the property line to the west when
eventually as it is developed down there, there will be access over into Pine Street and
there will be some good flow through that property that will be I am sure developed
some time in the near future. So there will be an improvement in the flow of the
property. The density of our area will be less than the density of the areas in the
housing near us. Like I say I don't mind you putting a restriction on the number of units
per acre and the approval. But R-15 would really be a lot nicer project because of the
reasons I have mentioned.
Corrie: Council, discussion or questions of staff. Mr. Alleman?
Alleman: As far as the street going out to Pine, I don't see any way that there is anyway
possibly of getting property that would allow the required roadway to go out on Pine.
You might look at it.
Corrie: I will close the public hearing.
Rountree: Just for discussion and where I am in terms of concerns on this application.
My reservations are probably more in terms of not having anything at hand as far as the
development goes in the way of a preliminary plat or a concept. It gets to a matter of
Mr. Saunders word and the position we put the City staff in and trying to force what has
been represented to us this evening. At a minimum I would like to see the findings of
fact have a restriction (inaudible) identify the number of units that would be allowed per
acre and if we could a reversionary clause that it would revert back to R-4 if the property
were sold undeveloped. I guess my hesitancy is once it is R-15 it is R-15 whether the
development occurs or not.
Morrow: I guess from my perspective is you know in the past we have turned down
proposals or at least tabled them (inaudible). What we have tried to get away from
doing is blanket zoning changes or annexations (inaudible) some sort of plan is
committed. So from that perspective I don't see (inaudible) I would like to see the
information, I would like to more commitment. I do think that from my perspective that if
the R-15 zoning is to be granted it would have to have a cap of 8 units per acre in terms
of development (inaudible) but it would allow some greater flexibility with respect to
landscaping and those kinds of issues. I do think (inaudible) back to R-4 has some real
merit. So, I guess what I am indicating is that I am probably not inclined to support
these findings of fact and conclusions (inaudible).
Bentley: Mr. Mayor, I would concur with the two Councilmen that have spoken on this
issue. I too have some real problems with R-15 that is unrestricted. I too don't doubt the
gentleman's word on what he plans on but without further plans before 1 would be real
hesitant to support these.
Meridian City Council
April 1, 1997
Page 37
Corrie: Sounds like I have to entertain a motion here.
Rountree: I guess for sake of process could we table these with further discussion from
the applicant and maybe they would want to pursue (inaudible) a development concept
and then amend the findings accordingly.
Morrow. My preference would be to see something done like that (inaudible) I think
clearly an example earlier tonight in terms of (inaudible) zoning and annexation
(inaudible) in this case we don't have any of that. So it seems to me that (inaudible) to
give the applicant an opportunity to make a decision whether he wishes to do that or
wishes to provide that information and leave that decision to him. If I have to vote on
the findings of fact as they are written I am voting against them. So I would move to
table (inaudible) opportunity Mr. Saunders to make the determination (inaudible)
Rountree: Second
Corrie: Table to?
Morrow. Mr. Mayor it would April 15th
Corrie: Motion made and seconded that we table this until April 15th, this will be a public
hearing tabling, is that correct, table it as a public hearing?
Morrow. Well the public hearing has been closed so we can't (inaudible)
Corrie: That is what I am saying do you just want to table it and have him bring it back.
All those in favor? Opposed?
MOTION CARRIED: All Yea
Corrie: Do you understand what we are asking for Mr. Saunders?
(Inaudible)
Corrie: I think Gary he would have to go through Platting wouldn't he?
Smith: If he wants to sell lots it would have to be a plat.
(Inaudible)
Crookston: A plat has to go through a public hearing.
Corrie: So you would end up going through two public hearings, one at the Planning and
Zoning and one for the council.
Meridian City Council ,
April 1, 1997
Page 38
Stiles: Mr. Mayor and Council I think what he is asking is would he still be required to go
through the Conditional use permit process. I believe he would for the planned
development.
Rountree: (Inaudible)
Stiles: But the findings indicate that he would have to go through the conditional use
permit prior to development.
Morrow. I guess the issue there is Shari we are not supporting these findings right now
we are tabling it. (Inaudible) towards solving the issues that we are concerned about.
Stiles: What commitment does somebody showing a concept plan, what commitment
does that make? I have never heard of anybody submitting a concept plan that is not in
the public hearing that binds them in any way.
Morrow Well he is submitting a preliminary plat
Stiles: Is that what you are asking for, him to submit a preliminary plat?
Morrow. Yes
Stiles: By the 15"
Morrow. He has to have hearings, he has to go through the process. What we are
asking is by the 15th he needs to make a decision as to what it is he wants to do. If he
wants to stand with these findings of fact and conclusions as written then at that
juncture 1 have indicated that I can't support these findings of fact and conclusions. The
two week table from my perspective is to give him an opportunity to make a decision as
to what it is he wants to do and then come back and tell us what he wants to do.
Stiles: So he would give just a basic maybe a layout of the roads, where a common
area might be, where
Morrow. No, what I would anticipate seeing from my perspective on the 15th in person or
by letter he would ask for a table on this long enough to do a regular preliminary plat
and address the issues that we have talked about in some manner. And if he says no I
don't wish to do that I want to take my chances with the vote on these findings of fact
and conclusions. Then at that juncture we would vote on these findings of fact and
conclusions. I am suggesting to you and the public that my vote would be no on these
findings of fact and conclusions.
(Inaudible)
Meridian City Council
April 1, 1997
Page 39
Rountree: I am confused as to what is trying to be done here. There can't be any selling
of lots and building of buildings until there is a final plat submitted. So in terms of trying
to see this is going to be done next month that is not real. I hope that you understand
that. What we normally see with an annexation or zoning change is a preliminary plat.
Something that is tangible and we can tie conditions to. Short of having that we have to
condition whatever action is taken on this whether it is denial or something to guarantee
the City that we don't get you all in a corner about what it is that can and can't be built
there.
Stiles: I think Mr. Saunders position was when he came to talk to me was without a
rezone of some type he didn't, if he didn't know the rezone was possible he didn't want
to go to all of the expense of designing. They have to submit profiles of all of the utilities.
It would be a very costly and time consuming process which I know we have been
requiring. I think this is an infill project, I just wondered if you would consider if he came
in with a basic concept that you felt you could approve, not approve but buy into and
incorporate some of those conditions into the findings that would make you comfortable
with the rezone.
Rountree: If the question is to me, we have done that with the planned unit
developments. But again this project and request has not been presented to us as a
planned unit development it has been presented as an R-15.
Morrow. I guess Shari to answer the question from my perspective] am sensitive and I
understand what is trying to go on here. What I am simply saying is that there is not
enough data that shows me what it is we are buying off on so that I am comfortable that
the necessary guarantees are in place and that these findings of fact are lacking in that.
What I want to see is I want to see a presentation that makes some commitment
through a preliminary plat process. As a perfect example, it doesn't necessarily have to
be right down to the brass tacks there but it needs to be defined enough so that I know
what it is we are buying. My motion to table this for two weeks is merely to give the
applicant the opportunity to determine if that is what he wants to do or not. If he comes
back and says no I don't want to do that then I am telling you ahead of time that I will
be voting no on these findings of fact and conclusions because they don't provide me
enough information to solve the issues that are of legitimate concerns or guarantees if
there are going to be some. Part of what it is that we have to think through here is that
should Mr. Saunders sell the property of something else happen that he was not
involved in the development, we have his personal guarantees, but if he is outside of
that there are no guarantees for the next folk that at this juncture that might take over a
project. So, I want to see some of that.
(Inaudible)
Saunders: I don't have any objections providing you the information, I am not interested
in doing something that is going to adversely affect the property in any way. I just want
to try and get about 8 units to an acre and it is a little better for me if we can group
Meridian City Council
April 1, 1997
Page 40
together under R-15, I don't mind the restrictions or being restricted to 8 units to an
acre, it doesn't bother me at all. I will present some kind of a platting plan, I can't do it in
two weeks, but I am willing to do that. I don't mind the approval being contingent or
requiring that 8 units per acre be maximum because that is all we intend to do anyway.
We think we are going to have a great little project down there and so I am interested in
doing and I will do whatever I need to, to satisfy the council of my integrity. I don't mind
them putting some of the restrictions you have talked about on the approval. I have a
builder right now that is ready to go with it and he and I are going to do it together. I am
going to see the project to completion. I have every intention to, I have lived here, that
is what I want to do. I don't have an objection, I just want to be clear what you really
want. I appreciate you tabling so I can present, but when I come I will have a preliminary
plat that shows 8 units maximum to an acre and some open area just exactly how it will
be developed. I would assume that is what you were after. Well I will be glad to do it. I
will make a point to come again to the hearing when I can get this information together.
Crookston: Mr. Mayor, I didn't recall that you voted to table the
Corrie: We didn't
Morrow. Mr. Mayor I would move that we table the application by Lorin Saunders until
April 15th
Bentley: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Bentley to table the request for
rezone until April 15th, any further discussion? All those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #10: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR
SPARKLING SPRINGS SUBDIVISION BY CARRIE HOMES INC.:
Corrie: At this time I will open the public hearing and invite the representative from
Sparkling Springs to give testimony at this time.
Keith Jacobs, 290 North Maple Grove, Boise, was sworn by the City Attorney.
Jacobs: Mayor and Councilmen we are asking for approval on Sparkling Springs
Subdivision. It is a 43 lot single family subdivision north of Lansbury Lane off of Meridian
Road. There are two existing residences on that property, we intend to incorporate
those in the subdivision and leave the buildings as they are today. The two lots the two
existing single family homes will take access to Meridian Road through a common
driveway that is the way they do it at this time. Lot 3 which is the larger lot to the north of
the two will have a public frontage on the internal road. The other lot which is south of
that will have frontage on Meridian Road. The annexation and zoning ordinance
f 0 0
MERIDIAN CITY COUNCIL MEETING: April 1. 1997
APPLICANT: LORIN SAUNDERS ITEM NUMBER; 9
REQUEST: PUBLIC HEARING: REQUEST FOR A REZONE FROM R4 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:
COMMENTS
P & Z MINUTES FROM 2-11-97
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
FINDINGS OF FACT AND CONCLUSIONS OF LAW
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
"REVIEWED"
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
u
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
i
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
Meridian Planning & Zag Commission
February 11, 1997
Page 52
MOTION CARRIED: All Yea
ITEM #17: PUBLIC HEARING: REQUEST FOR REZONE OF 9.42 ACRES FROM R-4
TO R-15 BY LORIN SAUNDERS:
Johnson: I will now open the public hearing and ask that the applicant or the
applicant's representative address the Commission.
Lorin Saunders, 688 East Sugarberry Drive, Eagle, was sworn by the City Attorney.
Saunders: Well I have been waiting to do this for 25 years, I have owned that property
down there for 25 years. We have tried two different times to get some builders
interested in doing something with the R-4 zoning but the houses are just too big for the
apartment area down there at the (inaudible). We felt like the only way we can build
anything to develop the property would be to zone it through R-15 which is what we
would like to do. I understand the conditional use system you use in approving these
things, all I am after is to get the zoning changed so that I can get the funding
necessary to do the project. I realize that (inaudible) doing that. I do, the property
down there I have tried to keep it up fairly good all the many years that I have held onto
it but it is getting to a situation where an open field kind of gets to be an invitation for
people to put junk on it and it is becoming a little more difficult. We would like to
develop the project and when we were talking to ACHD they indicated originally I
thought we would have to put Broadway Street clear through and that would mean
covering up the Nine Mile Creek drainage there and I know the City wants to put a bike
path and walking path on there. Since we have visited ACHD they indicated that they
would even prefer that we didn't continue Broadway through because of the speed that
long straight streets create. So we could tum the street turn east on 8th Street and then
go down to the edge of the property on an extension street to that part and then we
could bring Idaho down. The property that is located, it is called R2 I have already
talked to the gentleman that owns it and of course we would design the property to
keep him so he wouldn't be landlocked so he could use some of the access that we
developed. Then the street would eventually go on through his property as well
somehow. And so we wouldn't have to cover up any of the drainage and I looking at it
again, I think there are some high banks built up there we could take those banks down
and make it a very nice park area so when you come down to the end of Broadway you
just see this nice green area and I think it would be very complimentary to the City and
the City goes to it. So I am excited to try and develop it and I am seeking a zoning
change so that I can do it. Once we get the zoning in why it won't be long before we
come to the City with a plan. That is all I have, do you have any questions?
Johnson: I am sure that we do, thank you very much. Mr. Borup?
Meridian Planning & Z#g Commission
February 11, 1997
Page 53
Borup: Probably just on the, pertaining to the zoning, the application says you are
proposing duplexes is that?
Saunders: I think that is what the zoning calls for is a duplex type.
Johnson: Well it permits duplexes, it is a duplex type zoning.
Saunders: It allows us to build duplexes that are about 800 square feet and double car
garages.
Borup: What I was getting to, are you proposing any greater than duplexes, triplexes?
Saunders: No, that is about it, that is all we were interested in.
Borup: I am not sure that it makes any difference but I think you can also do duplexes
in R-8 zoning.
Johnson: You can
Saunders: The reason I went for R-15, I don't know what else it does, Shari kind of
recommended it or one of her staff that would be the best to go for.
Johnson: It gives you a higher density.
Saunders: We are not interested in a real high density and I just want to develop the
property and we have this drainage ditch and around it can be developed very nice
park area, so the area would look very clean when you went down to the end of
Broadway. I think it would be a nice clean little subdivision or little development down
there.
Borup: Were you considering the same thing bordering the rail road tracks too?
(Inaudible)
Saunders: You have to be 200 feet in from the rail road tracks to put of a fence and
landscape the area. So, if we ran the 8" street up there and then ran 8`h street west to
our border line so that we hooked on to by the next development there would be some
backing to the rail road tracks but it would be, property lines would be 200 foot from the
tracks, I think that is what the rule is. My thinking was that along the drain ditch to the
back of the houses along the drain ditch if we had some fence restrictions it would
enhance the park area look of the area. Plus closer to the end of the property there is
not enough room to put anything in there but a little park area back in there there would
be quite a bit of greenery in the subdivision. I think it would be something that the
people around there would appreciate. When we do go for the final planning on the
platting why of course all of the neighbors would have input in it and we would try to
Meridian Planning & Z#g Commission
February 11, 1997
Page 54
develop something that would be compatible to their liking too. We are interested in
being good neighbors I held the property a long time and I have been in Meridian for 35
years and I would like to see something come out of it that I am proud of. (End of
Tape) I haven't decided on one, I do have one that told me if we could get the zoning
change that he would be very willing to do it. But I haven't really (inaudible) they have
indicated that need the zoning change before they will put up any money to get the
developing going.
Johnson: I have one question, you have seen the comments from Shari Stiles dated
February 10?
Saunders: Yes
Johnson: Okay, that number 8, did you visit with her regarding that? I am not exactly
clear there which is the most important part of that. But one is the direct access to a
collector or arterial and the other comment is connected to municipal water and sewer.
Was there any problem with the sewer and water Shari or were just mostly concerned
about the access?
Stiles: Those items were just taken directly from the description of the R-15 zone. All
of those requirements.
Johnson: But you said nothing has been provided you to substantiate that it was
possible. Did you mean that about water and sewer or did you just mean it about
access?
Stiles: It is just the fact that I have no plan that I am able to determine whether they
(inaudible).
Saunders: I have talked to the City Engineer and I did a topography survey on the
property to make sure that it was high enough to hook into the sewer and it is. I talked
to the City Engineer about that once or twice and he indicated there probably wouldn't
be any problem and the City water is right there on the property, it can be just hooked
up to it, it is right there. The fact is the (inaudible) I put that in myself and the City
water was run onto the other side of eh Street road. So the curbs are all in we just
have to put the sidewalk in on the West 8th Street to do it. And it would clean it up, it is
kind of an eye sore down there. I apologize for that, but I am in a position now where
we can get something done on it. I think this project that I have in mind would be very
complimentary to the city's plans.
Johnson: Thank you very much, anyone else from the public that would like to come
forward at this time?
Melinda Belt, 720 W. eh Street, Meridian, was sworn by the City Attorney.
Meridian Planning & Z&g Commission
February 11, 1997
Page 55
Belt: I am here representing the Broadway Estates condominium homeowners
association and I am the president of the homeowners association.
Johnson: I don't know much about that, could you tell me how many units there are?
Belt: There are 12 units, they were originally from what I understand from seeing our
covenants they were originally built by Lorin Saunders about 19771 think. We do have
some concerns with the development of this property. We don't know if the intent is
going to be some sort of low income housing development or something where it is all
going to be rentals. We are already surrounded, well not surrounded but on the back
we are surrounded by apartments and being homeowners we have been trying real
hard to get our neighborhood cleaned up. We have painted our buildings this year, we
have done lots of work with the trees and tried with the landscaping. Some of my
concerns stem from just incidental connections with the property across the street.
Some of you probably think my name rings a bell because I have called you repeatedly
called you about the property across the street. Which is the property in question.
Beginning in May of 1995 1 started calling the City to find out what is supposed to be
done about four foot weeds. I was told to contact the ordinance officer at that time was
Alan Riggle. I spoke to him on several occasions, I didn't keep real good notes
because I kept thinking that I was getting this taken care of and then it would end up
that it wasn't taken care of. I called and asked that the weeds be taken care of
because not only were they a fire hazard the property is full of thistles that were
constantly blowing into our lawn and we had to keep paying to get the lawn sprayed
and taken care of. I was told that they had written to the owner that they had done
some sort of possibly threatening that the City will do it, whatever. Finally the weeds
were cut down I believe it was September or October of 1996, it took me a year and a
half. That is why it just kind of struck me when he said that he was trying to maintain
the property because I don't really believe that. Also, the quality of the construction of
the place that I am living in leaves a lot to be desired. So I also wonder about the intent
with the property across the street. We are all concerned about that because we
realize that we are in kind of a low income area and our property is really not valuable
at this point but we would sure hate to see it go down rather than go up. I have some
questions about the park area around the drainage ditch if that is safe. There will be a
lot of kids I am sure in that sort of development, there are already a lot of kids around
there. Also, is it going to be well maintained or is it just going to be let go for weeds
and whatever which is pretty much what is in that area now. Also I question the R-15
versus the R-8 if they are going to be duplexes. I don't know that much about zoning so
I am, but just logically I would think that if you were going to do more of a subdivision
with single family dwellings it wouldn't be necessary to zone it so you could put a real
high density sort of housing in there. Basically our association just wanted to be
represented and wanted the City or the Commission to know that we are concerned
about what goes in across the street. We would like to see something that is going to
Meridian Planning & Zeng Commission
February 11, 1997
Page 56
improve the area rather than be a detriment and increase the traffic and increase the
density of low income housing. I think that is all I have.
Johnson: Thank you for your comment, I have one question here. I am assuming you
had a homeowners meeting and people attended. You tended or at least the parts I
heard were more like what you didn't want there. But did you come up with something
in the vein of what you would like to see there?
Belt: Something that was more owner occupied. I mean obviously there will be some
rentals, but if the intention is to just buy a bunch of places that will be used as rentals I
think it would make a big difference, we all think it would make a big difference in the
way the property is maintained and what the intent really is. If it is for owner occupation
or now. I also had one other issue and I don't really know that this, how pertinent this
is, but I was asked to sign a document allowing the use of our name, the Broadway
Estates by Mr. Saunder's attorney. I asked him at that time what, why does he want
permission to use this name. What is he going to use it for, and he said something
down at the other end of Broadway I think he owns some property. We had no idea that
man even owned that property and I just felt that was, it was misleading and it wasn't
honest and it has just made us all kind of worry about what will happen with the
property. I apologize to him if he hasn't been dishonest with us but we are all just
concerned.
Johnson: Did you sign the document?
Belt: Yes I did
Johnson: Any questions?
Borup: Yes I do Mr. Chairman, I am not sure from your testimony whether you are
opposed or in favor of this project. You sound like you don't want to leave it the way it
is, is that true, you don't want to leave the weed patch there?
Belt: Yes, we would not be opposed to something that is, what the rumor has been over
the last couple of years is "low income housing" and rentals.
Borup: I think the applicant said that, nothing has been proposed yet. So this is the first
thing.
Belt: That is what the zoning change was sort of indicating to us is it might be.
Borup: Well the way it is right now it can just be strictly single family, 1400 square foot
individual lots and that is (inaudible)
Meridian Planning & 26ng Corrinission
February 11, 1997
Page 57
Belt: That would be fine, we are just concerned we don't want to be surrounded by
more apartments.
Borup: You don't want any more complexes like your own across the street from you?
Belt: That is not what I said, ours is a condominium complex, we are home owners.
The people behind us are apartment renters, and they are low income and they are
welfare mothers and they are on special insurance and they, it is a little bit different.
Borup: What do you feel of the concept of duplexes going in there? That would be,
maximum two per building.
Belt: I don't think that would be a problem.
Borup: Do you feel it would be a rice transition between the apartments?
Belt: Yes as long as they weren't sold in mass and just rented out. That was our main
concern that it would turn into a rental community and basically be a low income rental
community.
Borup: 1 am not gong to speak for the applicant but I am not sure how much control you
can have after a property is solid. I believe (inaudible) and then it became a
condominium so it went the other way.
Belt: I wasn't aware of that because the homeowners covenants were written up in
1977.
Borup: I may be mistaken on that.
Belt: I don't know what happened vWh that, I have only been there for three years. I
don't know. I know that we cant control what happens, we just didn't want it to
originally be just put into a big rental community.
Borup: (Inaudible)
Johnson: Does anyone else have any questions? Thank you very much, anyone else
from the public that would like to conte forward?
Dana Simmons, 710 West eh Street, Meridian, was sworn by the City Attorney.
Simmons: You guys bear with me, I is way past my bedtime, I stayed up for this. A lot
of the points that (inaudible) I warded to concur on that we discussed. Now one point
that I do want to make very clear on is from my and this is just from my own perspective
I want you to understand. I lived in low income housing for 3 '/ years, I went through a
Meridian Planning & Ang Commission
February 11, 1997
Page 58
divorce, he is $17,000 behind in child support and a year and a half ago I bought the
town home that I am living in. 1 take pride in ownership. I have seen both sides of the
coin, I know what can happen and my strongest concern is that the R-15 rating is
something that leaves them the option of putting in a very high density apartment
complex. I find that very questionable. I understand people wanting to leave their
options open, but that kind of indicates to me that they might be leaning towards that, it
is much more lucrative. But my concern is I have an 11 year old daughter, I purposely
bought where I am at so that she would be able to walk to the elementary, the middle
and the high school. A high density complex going into that area right now I don't think
with the over crowding would be good. I like the idea of additional condominiums with
emphasis on the sole ownership or duplexes. I think as small as that area is and as
limited as the access is that is something that the area could take traffic wise without
having a large impact. Another concern I have because of the way that the roads
channel in there is that is your only in and out is Broadway and Idaho. There are a lot
of children in that area, young children. I think with there not being other access for an
apartment to come in and out that could cause some serious problems in the area. I
think that is one of the things that has kind of saved it with all of the apartments behind
us is that there is not ready access for the traffic to be buzzing in and out. They only
have a few areas, but if we compound that then we are going to run into a problem.
Johnson: When you refer to behind you where does that, in terms of direction, which
way is that?
Simmons: Broadway Manor apartments, I don't know 1 am not a north south person, I
am a left right person. It is east, there are a lot of apartments back there, there are
triplexes, four plexes and apartment buildings. I think if we compound and put anything
high density in it is going to cause some serious problems traffic wise. My biggest
concern is the kids. That is one of the things, I looked at this area in that it was a low
traffic, for my daughter it was something (inaudible) we were far enough off Pine that
we didn't have to be concerned with that main thoroughfare.
Johnson: Any questions?
Borup: Just a comment, probably for the homeowners. First this application was just for
the rezone without an specific detail on the subdivision. An R-15 could allow
apartments but it would require a conditional use permit which means we vwuld have to
go through the entire public testimony. Whereas the duplexes would be a permitted
use. So to do anything more than a duplex they would have to go through the entire
hearing process again. I don't know if that makes you feel any better.
Simmons: I will just have another option to voice my, this is, everything starts with a first
step and I just felt that it is important to have my input in from the get go.
Meridian Planning & Oing Commission
February 11, 1997
Page 59
Johnson: That is a good idea, that is why we have these public hearings. I wish more
people participated, anyone else?
Vern Alleman, 2101 East Ustick, Meridian, was sworn by the City Attorney.
Alleman: I am basing my tesitmony on the basis of an R-4 is four units per acre and I
am basing my assumption that an R-15 is 15 per acre. I question how you get
duplexes, 15 of them on an acre. So that, but anyway I am opposed to this zone
change from an R-4 to R-15. 1 an concerned about. the gime rate this type of
development brings. Areas of Boise where this type of development area have the
highest crime rate. Granted there is a high population in these areas, my point is crime
rate is much higher when compared to other areas of equal population. I have been
following this for a long time. Some time ago I was told by a city official that policing of
these types of development in the City of Meridian use about half of the police
resources. This type of development decreases the value of property in surrounding
areas such as where I own property. I feel this should retain an R-4 zone if for any
reason this cannot be retained than an R-8 zone should be the maximum allowed. I
think basically that is my biggest concern at this time.
Johnson: Thank you Vern, apparently the R-4 zone if 1 can comment on Mr. Saunders's
presentation economically hasn't worked. In other words where the property is located,
its environment there it doesn't lend itself very well to R-4 which is only 4 units per acre
which is usually pretty sizable housing. So he is applying here for a change which
apparently our staff has encouraged Mm to do. Back to Keith's point the zoning doesn't
dictate what is going to be there, it just dictates permitted uses and it still has to go
through the other process.
Alleman: But if he goes to an R-15 could he not have, and it is approved, could he not
put in what would stop him from putting in 15 units to the acre?
Johnson: It would be zoned for that but he still has to bring it to the Planning and
Zoning as a conditional use permit and before the City Council.
Alleman: I talked to another neighbor and they said they could go probably for an R-8
but they couldn't go for an R-15. Anyway
Johnson: An R-8 may work. All the density ratings are maximum densities. And quite
frankly most R -4's develop less than R-4 like 2.89 of 3.1 or something like that.
Alleman:. I guess I am concerned about the concentration in.a small area and what it
entails as far as the type of people that live there and the crime rate that results from
higher density populations. And plus the decrease in valuation for surrounding
properties.
Meridian Planning & Ang Commission
February 11, 1997
Page 60
Borup: That is one of the questions that I had if I may. You said you own some
adjoining property.
Alleman: Well I own across the street on 842 West Pine.
Borup: So it is not some of the bare ground adjoining this?
Alleman: No, it is not bare ground adjoining it.
Borup: Thank you
Johnson: Thanks Vern, is there someone else, I saw someone over here?
Larry Hansen, 935 % West Pine, Meridian, was sworn by the City Attorney.
Hansen: I just wanted to make the statement that I support the rezone application that
Mr. Saunders has presented. I have owned this property for over a year and lived in it
for not quite two months. When I first purchased the property I had hopes that this land
could be put to better use. It has stood for a long time as basically a desert and a fire
hazard along the rail road tracks. When I moved here to Idaho 17 years ago I initially
moved into an area that vas composed entirely of duplexes. These duplexes were
occupied by professionals that had recently moved here to Idaho and most of us lived
there for a period of six months to two years before we acquired enough funds to move
into permanent housing. 1 think that the economy of our area is really strong and
Meridian has the ability to attract people who want high quality living arrangements on
a rental basis and that is what I would like to see as a possibility for use for my property
as well. That is about all I have to say.
Johnson: Thank you, any questions? Anyone else? Do you want to make another
comment Mr. Saunders?
Saunders: I want to apologize to the people about the weeds but 1 tried to get it done
about once a year beat them down. Every time I go down there, there is garbage
scattered on our property. We run into it with our beater and it is a very expensive
project. I have lost some tires doing it and there is also grass or dumpings from the
lawns across the street. The condominiums sometimes they dump it over on my
property. I don't know I have gone down there and seen somebody it may not be them
but there is grass and things dumped along there. I think the whole thing would be
better for all of us if it were developed. Now I don't mind having, I am conscious of their
values for their property. I didn't build the house that they live in. They were originally
built as four plexes and duplexes and I had something to do with turning them into
condominiums because I wanted to sell them as individual ownership's. I think they
have done a nice job of keeping those condos up and I wouldn't want to detract from it.
I will say that the zoning for duplexes and I don't mind being restricted to duplexes
Meridian Planning & ZGhg Commission
February 11, 1997
Page 61
either in the zoning, that is as high density as I care to go. I don't think it would be a
compliment to the area to go into a higher density anyway. But these duplexes have to
have a double car garage, that is what the zone requires. So they are going to be pretty
nice units, they are not going to be low income housing at all. So I think it would be a
compliment to the people across the street in the area. As far as the mention of the
creek and the park area. Originally I was thinking, of getting permission to cover the
creek and tile it in. I am not opposed to that at all right now but I know the City wants
kind of a green area through and I looked at it and there are some high banks on it. I
thought if they were knocked down it could be made into .a very nice and safe type of a
park area. But I am still not opposed to tiling the ditch in if that would be the best
interest of all of the neighbors. As far as the roads, eventually they will go on through,
ACHD is requiring us to run our roads right to the property line to the west, both Idaho
Street and an extension of Broadway. Broadway doesn't have to extend, it can go up
and over, they don't require us to go right straight through. It is probably so that
eventually there will be other. access, I assume even over onto Pine Street. So
eventually it won't be the only one (inaudible) further west is developed why there will
be probably other accesses to the property. I want to reemphasize too that I have tried
two different times to put in single housing but you can't build a house a 1400 square
foot house down in that area and sell it. It is just something that you can't do. I had two
builders we were fairly close to trying to get a single housing unit but none of them
could make the economy work for it. So I thought the very best thing I was talking to
Shari I was mentioning duplexes and that is as high a density that I mentioned to her
and that r is all that 1, and I wouldn't be afraid to be restricted to that either because I am
not interested in diminishing the values of the property, people take good care of it and
I want to compliment their property. When we do the final planning I am sure that they
will find that my intentions are not to diminish from the value of their property. I just
want to make a few comments there.
Borup: I do have one question, it sounds like you are saying you would be completely
comfortable with an R-8 zone then.
Saunders: If R-8 allows,
Borup: R-8 would allow duplexes as a permitted use not a conditional use.
Saunders: And they would be 800 square feet minimum I think, I would be
Borup: I don't believe it changes that part.
Saunders: I wouldn't be opposed to that at all, that is all I intended to do anyway.
Johnson: We have to work with an application here that is asking for R-15. You can
condition it accordingly but that is what we have before us.
Meridian Planning & Ang Commission
February 11, 1997
Page 62
Saunders: The only reason that I mentioned R-15 is because that is what the
committee or staff suggested, I don't know whether I made it clear to Shari what I
wanted but I was talking to her assistant because I am not opposed to the R-8 zoning
at all. In fact if it makes people more comfortable with the project then that is fine with
me. Or you can restrict the size of the buildings on this approval that is fine too.
Johnson: We have done that in the past, okay, thank you. Is there anyone else? I will
close the public hearing at this time.
MacCoy: Mr. Chairman I direct our attorney to prepare findings of fact and conclusions
of law for the rezone of 9.42 acres from an R-4 to an R-15.
Borup: Second
Johnson: Moved and seconded that we have findings of fact and conclusions of law
approved for the annexation and rezoning, any discussion?
Borup: Yes, just to have the Counsel include in, I am not sure, I think it would make the
adjoining homeowners. feel more at ease if something is in there on restricted to
duplexes.
Johnson: At this time it would take a withdrawal of the motion or an amendment to the
motion.
(Inaudible)
Johnson: We can also put those comments into the findings of fact.
Borup: That is all I was asking. (Inaudible) one of the comments there is it up to the
Commission that those types of things are mentioned so that they can be included.
Johnson: Absolutely, you have to have them on the record. All those in favor of the
motion? Opposed?
MOTION CARRIED: All Yea
Oslund: I make a motion that we adjourn.
Johnson: I have one comment before we adjourn, are there any other motions?
Borup: I just comment for the homeowners I think they could feel confident that there
would not be apartments going in there. I don't think it would be approved. (Inaudible)
at least not with the group that is here now and the things that have been presented
and the applicant is not asking for it. I think it would be (inaudible)
Re: 9.42 ACRES REZONE FROM R-4 TO R-15
(Request by Lorin Saunders)
I have reviewed this submittal and offer the following comments, for your information and
consideration as conditions of the Applicant during the hearing process:
1. The legal description submitted with this application for Rezone appears to meet all of the
criteria required by Meridian City Resolution #158, and the Idaho State Tax Commission.
2. Sanitary sewer service for this parcel could be from extensions from the existing sanitary
sewer trunk main located between W. 7th. Street and W. 8th. Street. The depth of this
existing main, approximately 7.5' deep, may limit the serviceability of this parcel to this
main. 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 any proposed development.
3. Water service for this development shall be from an existing main located in W. 8th.
Street. Water service to this development is contingent upon positive results from a
hydraulic analysis by our computer model.
C:\OFFICE\WPWDAGENERAL\SALINDERS.RZN
is is
OFFICIALS
HUB OF TREASURE VALLEY
COUNCIL MEMBERS
WILLIAM G. BERG, JR., City Clerk
A Good Place to Live
WALT W. MORROW, President
JANICE L. , City Treasurer
GARY D. SMITH, RE., City Engineer
CITY OF MERIDIAN
RONALD R. TOLSMA
CHARLES GLENN R. BENTLEY E
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
33 EAST IDAHO
DENNIS J. SUMMERS, Parks Supt.
SHARI L. STILES, P & 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 Works/Building Department (208) 887-2211
TIM HEPPER
W.L. "BILLGORDON, Police Chief
WAYNE G.. CROOKSTON, JR., Attorney
Motor Vehicle/Drivers License (208) 888-4443
JIM SHEARER
GREG OSLUND
ROBERT D. CORRIE
MALCOLM MACCOY
Mayor
MEMORANDUM:
February 6, 1997
To: P&Z Commission/Mayor & Council
From: Bruce Freckleton, Assistant to City Engineer
Re: 9.42 ACRES REZONE FROM R-4 TO R-15
(Request by Lorin Saunders)
I have reviewed this submittal and offer the following comments, for your information and
consideration as conditions of the Applicant during the hearing process:
1. The legal description submitted with this application for Rezone appears to meet all of the
criteria required by Meridian City Resolution #158, and the Idaho State Tax Commission.
2. Sanitary sewer service for this parcel could be from extensions from the existing sanitary
sewer trunk main located between W. 7th. Street and W. 8th. Street. The depth of this
existing main, approximately 7.5' deep, may limit the serviceability of this parcel to this
main. 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 any proposed development.
3. Water service for this development shall be from an existing main located in W. 8th.
Street. Water service to this development is contingent upon positive results from a
hydraulic analysis by our computer model.
C:\OFFICE\WPWDAGENERAL\SALINDERS.RZN
WILLIAM G. BERG, JR., City Clerk
JANICE L. GASS, City Treasurer
GARY D. SMITH, P.E., City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Parks Supt.
SHARI L. STILES, P & Z Administrator
PATTY A. WOLFKIEL, DMV Supervisor
KENNETH W. BOWERS, Fire Chief
W.L. 'BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
• HUB OF TREASURE VALLEY •
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
(208) 888-4433 • FAX (208) 8874813
Public Works/Building Department (208) 887-2211
Motor Vehicle/Drivers License (208) 888-4443
ROBERT D. CORRIE
Mayor
TO: Planning & Zoning Commission, Mayor & Council
FROM: Shari Stiles, P&Z Administrator
DATE: February 10, 1997
-2111119
,., /ie, /
COUNCIL MEMBERS
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
SUBJECT: Request for Rezone of 9.42 Acres from R-4 to R-15 by Lorin Saunders
Following are comments to be considered during your review of this project:
This request for annexation and zoning of R-15 would appear to be compatible with the
surrounding uses. Several single-family homes have been split off along Pine Street, and
the proposed rezone property is now landlocked. Idaho Street and Broadway Street both
dead-end into the property. Broadway Avenue basically dead -ends into Nine Mile Creek.
These roads will need to be extended to and through the property in accordance with Ada
County Highway District standards, with five -foot -wide sidewalks on both sides.
2. Provide fire access and hydrant locations in accordance with the Uniform Fire Code and
Meridian Fire Department policies.
3. Applicant to provide curbing and underground sprinkler system for all landscaped areas.
4. Nine Mile Creek is designated as a bike path in the Meridian Comprehensive Plan. Plans
will need to be reviewed and approved by the City, Nampa -Meridian Irrigation District,
and possibly the Bureau of Reclamation.
5. Provide permanent, six -foot -high perimeter fencing prior to obtaining building permits,
except where such requirement may be specifically waived in writing by the City.
6. All paving, striping and signage of parking lot to be in accordance with Meridian City
Ordinance and the Americans with Disabilities Act.
7. Lighting shall not illuminate adjacent residential properties or cause glare, as determined
by the City of Meridian.
8. Applicant proposes rezoning to 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.
P&Z Commission/Mayor & Council
February 10, 1997
Page 2
9. In the R-15 zone, minimum lot size is 2,400 square feet per dwelling unit. Any duplex
units would be required to have two -car garages. 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.
10. A minimum 20 -foot planting strip will be required along the railroad corridor, outside of
the existing right-of-way and beyond fence to be installed.
11. A development agreement/detailed conditions of approval are required as a condition of
rezoning. Because of the numerous issues involved, and as no uses or site plan are shown
for the property, rezoning 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. Perhaps rezoning should not be even considered until a
plan is presented for review and approval. I would feel more comfortable if the plan were
being approved concurrently with any rezoning.
12. Further conditions will be examined when the application for conditional use permit is
submitted. If planned correctly, this could be an excellent in -fill development project.
0
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
LORIN C. SAUNDERS
REZONE OF 9.42 ACRES FROM R-4 TO R-15
SOUTH OF PINE AND WEST OF THE WEST END OF BROADWAY
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled matter having come on for public hearing on
February 11, 1997, at the hour of 7:00 o'clock p.m., the Applicant,
Lorin Saunders, 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. A notice of a public hearing on the Rezone Application
was published for two (2) consecutive weeks prior to said public
hearing scheduled on February 11,.1997, the first publication of
which was fifteen (15) days prior to said hearing; that the matter
was duly considered at the February 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 contains approximately 9.42 acres and is
located within the City of Meridian. The property is described in
the application which description is incorporated herein. The
Applicant is the owner of the property.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1.
PRESTIGE CARE, INC. - Zoning Amendment
0
3. The property is presently zoned (R-4) Low Density
Residential District and the Applicant is requesting a rezone to
(R-15) Medium High Density Residential District.
4. Pursuant to the application, the Applicant requests the
re -zoning for the purpose of and the use of the construction of
duplexes.
5. The property is in close proximity to existing homes and
residential area.
6. The Applicant testified and explained substantially as
follows. He has owned the property for 25 years. He has tried on
two different occasions to interest builders in developing the
property under the R-4 zoning; however, the houses are too big for
the apartment area. He feels the way the property can be developed
is to zone it R-15, which is the purpose of the application. He
understands the conditional use system the City uses as a condition
of approval of these types of applications. All that he desires is
to have the zoning changed so he can secure financing necessary to
complete the project. He has tried to maintain the property during
the years he has owned it; however, the property as an open field
is turning into an invitation to put junk on it. He would like to
develop the property. When he initially discussed with Ada County
Highway District the development of the property, he believed it
originally indicated that Broadway Street would have to be extended
through the property. Since that initial discussion with the Ada
County Highway District, it has indicated that it prefers that
Broadway Street not be extended through the property because of the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2.
PRESTIGE CARE, INC. - Zoning Amendment
speed of vehicles on long straight streets. Consequently, through
the development of the property, the streets could turn east on 8th
Street, then traverse the edge of the property on an extension
street, and then extend Idaho Street down into the property. He
has spoken with the owner of adjacent property, and he would design
the development of the property so the adjacent property could use
the access and would not be landlocked. The street would continue
through the adjacent property owner's property, somehow. As a
result, the drainage which runs through the property would not be
covered up. He could reduce the banks along the drainage and make
it a very nice park area. So, when one came down to the end of
Broadway there would be a nice green area which he thinks would be
very complimentary to the City. He is excited to develop the
property, and he is seeking the change in zoning so he can develop
it. After the zoning of the property is changed,. it will not be
long before plans are presented to the City.
7. In response to questions of Commissioner Borup, the
Applicant testified substantially as follows. With regard to the
application, he believes the R-15 zoning calls for duplex types of
structures. The zoning requested permits the construction of
duplexes which are approximately 800 square feet with double car
garages. He is not proposing the construction of structures
greater than duplexes; that is all in which he is interested. The
reason he pursued the R-15 zoning is that the City's staff
recommended it. He is not interested in a real high density. He
just wants to develop the property. There is a drainage ditch
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3.
PRESTIGE CARE, INC. - Zoning Amendment
through the property, around which there can be a very nice park
area developed. The area would look very clean when one went to
the end of Broadway. He believes it would be a nice little
subdivision or little development there.
8. In response to further questions of Commissioner Borup,
the Applicant testified substantially as follows. Along the
railroad tracks, one has to be 200 feet from the railroad tracks to
install a fence and landscape the area. The property lines would
be 200 feet from the railroad tracks, which he believes is the
requirement. His thinking is that if there were fence restrictions
along the drain ditch to the back of the houses, the look of the
park area would be enhanced. Additionally, there is not enough
room at the end of the property to construct anything but a park
area. He thinks a park area would be something the people around
the area of the property would appreciate. At the time he pursues
the final planning on the platting and development of the property,
the neighbors would have input into it, and he would attempt to
develop something compatible to their liking. He is interested in
being good neighbors. He has owned the property for a long time
and lived in Meridian for 35 years. He would like to see the
development be something of which he is proud. He does not have
anyone to develop it presently. It has been indicated to him that
the zoning needs to be changed before any money is invested to
initiate the development of the property.
9. There was comment and discussion between Chairman Johnson
and the Planning and Zoning Administrator, Shari Stiles, concerning
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4.
PRESTIGE CARE, INC. - Zoning Amendment
•
her comments dated February 10, 1997, particularly, item number 8
of those comments. Ms. Stiles stated that those comments were
taken directly from the description of the R-15 zone, and she has
received no plan from which she is able to determine whether the
requirements can be met.
10. The Applicant testified further substantially as follows.
He has seen the comments from the Planning and Zoning
Administrator, Shari Stiles, dated February 10, 1997. He has
spoken with the City Engineer on several occasions concerning sewer
and water service to the property. A topography survey of the
property has been completed to determine whether the property is
high enough to connect into the sewer and it is. The City Engineer
has indicated to him that there probably will not be a problem
connecting to the sewer. The water service is on the property; it
just needs to be connected. The curbs are installed. He has to
install the sidewalk on the West 8th Street. This would clean up
the property; it is an eye sore for.which he apologizes. He is now
in a position to do something with the property. The project would
be very complimentary to the City's plans.
11. Melinda Belt testified concerning the application
substantially as follows. She is the President of the Broadway
Estates Condominium Homeowners' Association (Association) and
representing the association. There are 12 condominium units. She
understands that the condominiums were built by Lorin Saunders in
approximately 1977. The members of the Association do have
concerns with the development of the property. They do not know if
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PRESTIGE CARE, INC. - Zoning Amendment
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the intent of the development of the property is some sort of low
income housing development or all rentals. They are already
surrounded on the back side by apartments. As homeowners they have
been trying real hard to clean up the neighborhood. They have
painted their buildings this year. They have done a lot of work
with the trees and the landscaping. Some of her concerns stem from
incidental connections with the property. .She has called the City
on numerous occasions about the property; the four feet high weeds
on the property. She began calling in May of 1995. She thought
she was resolving the problem, but the problem was not resolved.
She called about the weeds because, not only are they a fire
hazard, the property was filled with thistles which would blow into
their lawn. They had to keep spraying their lawn and incurring the
cost for the spray. Finally, the weeds were cut down, she believes
in September or October of 1996. It took her over.a year and half
to receive a response. She does not believe the Applicant
attempted to maintain the property.. The quality of the building in
which she lives has a lot to be desired. They are all concerned
about the intent with the property, because they realize they are
in a low income area and their property really is not valuable.
They do not want to see the value of their property decrease rather
than increase. She has questions about the park area around the
drainage ditch and its safety. There will be a lot of children in
the sort of development proposed by the Applicant; there are
already a lot of children. Also, she questions whether it will be
well maintained or whether it will be allowed to turn into weeds.
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She also questions the R-15 zoning versus the R-8 zoning if the
Applicant only desires duplexes. Although she does not know much
about zoning, she opines that, if one were going to do more of a
single family subdivision, it is unnecessary to zone the property
for a high density housing. The Association wanted to be
represented and wanted to express to the City that they are
concerned about the development of the property. They would prefer
a development which improves the area rather than creates a
detriment and increases the traffic and low income housing.
12. In response to a question of Chairman Johnson, Ms. Belt
testified substantially as follows. The members of the Association
would prefer the development of the property as more owner
occupied. There will be some rentals; however, if the intention is
to create rental properties, they think there will be a big
difference in the maintenance of the property.
13. In response to questions of Commissioner Borup, Ms. Belt
testified substantially as follows.. The members of the Association
are not opposed to the development of the property. They do not
want, as the rumors have been for the last couple of years, "low
income housing" and rentals. Based upon the requested zoning, this
type of development is what has been indicated to them. Single
family housing would be fine; they do not want to be surrounded by
rentals. They are homeowners. Whereas, the residents behind them
are apartment renters, low income, welfare mothers, and on special
insurance which is different from them. She does not think the
concept of duplexes, a maximum of two per building, would be a
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PRESTIGE CARE, INC. - Zoning Amendment
problem. She agrees that duplexes would be a nice transition
between the apartments if they were not sold in mass and rented
out. Their main concern is the property turning into a low income
rental community.
11. Dana Simmons testified concerning the application
substantially as follows. She lived in low income housing for 3
1/2 years. She went through a divorce.. Her former husband is
$17,000.00 behind in child support. A year and half ago she
purchased the town home in which she lives. She takes pride in
ownership. Consequently, she has seen both sides. Her strongest
concern is the R-15 zoning that provides an option to develop a
very high density apartment complex which she finds questionable.
She understands people wanting to leave their options open.
However, the R-15 zoning indicates to her the Applicant might be
leaning towards high density development which is more financially
lucrative. Another concern is that she has an 11 year old
daughter. She purposely purchased in the location where she and
her daughter live so her daughter could walk to elementary, middle
and high school. She does not think that a high density complex in
this area is good considering the school over crowding problem.
She likes the idea of additional condominiums or duplexes with the
emphasis being on owner occupied. It is her concern that the only
way in and out of the area is Broadway and Idaho. There are a lot
of young children in the area. Without other access, a serious
problem could arise in the area. She thinks one thing which has
saved the area in which she lives, given the Broadway Manor
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PRESTIGE CARE, INC. - Zoning Amendment
Apartments behind where she lives, is the lack of access; there is
not the traffic through the area. An increase in traffic will
create serious traffic problems.
12. Commissioner Borup commented that the application is for
a rezone of the property without specific detail on the
development. An R-15 zoning classification may allow the
construction of apartments, but only through the conditional permit
process. As a result the Applicant would have to go through the
public hearing process for the conditional use permit. Whereas, an
R-15 zoning classification would permit, without a conditional use
permit, the construction of duplexes on the property. Accordingly,
to construct duplexes on the property, the Applicant would not have
to go through the public hearing process for a conditional use
permit.
13. Vern Alleman testified concerning the application
substantially as follows. He bases his testimony on the premise
that R-4 zoning is four units per acre and the assumption that R-15
is 15 units per acre. He opposes the application to change the
zoning from R-4 to R-15. He is concerned about the crime rate in
an R-15 type of development. Areas in Boise which have such type
of developments have the highest crime rate. His point is that the
crime rate is much higher in such types of developments compared to
other areas with equal population. He has followed this increase
in the crime rate for a long time. Some time ago, City officials
told him that policing an R-15 type of development uses about one-
half of the police resources. An R-15 type of development
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PRESTIGE CARE, INC. - Zoning Amendment
decreases the value of surrounding property, such as where he owns
property. He feels the zoning of the property should remain R-4.
If the property does not remain R-4, the zoning of the property
with regard to density, should be no higher than R-8. This is his
biggest concern.
14. Chairman Johnson commented on the Applicant's
presentation that the R-4 zoning has not worked economically. The
property's environment does not lend very well to R-4 zoning which
permits only 4 units per acre and sizable houses. The Applicant is
applying for a change in the zoning which the City's staff has
apparently encouraged him to do. The zoning does not dictate the
type of development of the property; it dictates the permitted
uses. The property and development must still go through the other
processes.
15. In response to a question of Mr. Alleman, Chairman
Johnson stated that although zoned R-15 the development of the
property for higher density structures is still subject to the
conditional use permit process.
16. In response to Mr. Alleman's comment that he spoke with
a neighbor who would not object to R-8 zoning but objects to R-15,
Chairman Johnson commented that R-8 may work. The density ratings
are the maximum densities. Most R-4 developments are less than
density permitted by R-4; something like 2.89 to 3.1 per acre.
17. Mr. Alleman further commented and testified that he is
concerned about the concentration in a small area, the type of
people that live in that area, and the crime rate which results
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PRESTIGE CARE, INC. - Zoning Amendment
from higher density populations. In addition, the decrease in the
valuation for surrounding properties.
18. In response to a question of Commissioner Borup, Mr.
Alleman stated that he owns the property located at 842 West Pine.
His property is not bare ground adjoining the property.
19. Larry Hansen testified concerning the application
substantially as follows. He supports the application. He has
owned the property adjacent to the property for approximately one
year and lived on his property for approximately two months. When
he purchased the adjacent property, he hoped that the property
could be put to better use. The property has existed as a desert
and fire hazard. When he moved to Idaho approximately 17 years
ago, he lived in an area composed entirely of duplexes. These
duplexes were occupied by professionals who had recently moved to
Idaho. These occupants lived in the duplexes from six months to
two years, until they accumulated sufficient funds to purchase
permanent housing. He believes the. economy, if the area is strong,
and Meridian has the ability to attract people who want high
quality living arrangements on a rental basis. The proposed
development of the property is the type of use which he would like
to see for his adjacent property.
20. Mr. Saunders further testified substantially as follows.
He apologizes to the people for the weeds on the property; however,
he tried to take care of the weeds about once a year. Each time he
goes to the property there is garbage scattered on the property
which hinders the ability to maintain the property. There is also
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PRESTIGE CARE, INC. - Zoning Amendment
grass and lawn droppings from properties across from the property.
He believes that the development of the property is the best for
everyone. He is conscious of the value of the surrounding
properties. He did not construct the condominium units. The
condominium units were originally constructed as four-plexes and
duplexes. He did have something to do with turning them into
condominiums, because he wanted to sell them as owner occupied.
These owners have done a nice job of maintaining the condominiums,
and he does not want to detract from them. He does not mind being
restricted to duplexes in the zoning. Duplexes are the highest
density for which he cares; he does not believe a higher density
would compliment the area. These duplexes must have a double car
garage pursuant to the zoning, so they will be nice units. They
will not be low income housing. The development of the property
would be a compliment to the condominiums across from the property.
With regard to the drainage ditch and park area, originally he
considered obtaining permission to cover and tile the drainage
ditch. He is not opposed to doing that right now; however, he
knows the City desires a green area, and by reducing the height of
the banks along the ditch, this area could be made into a very nice,
and safe type of park area. He is not opposed to tiling the
drainage ditch if it is in the best interest of the neighbors.
With regard to the roads, eventually the roads will go to the
property. Ada County Highway District requires him to run the
roads, both Idaho Street and Broadway, to the property line.
Broadway does not have to extend through the property, but may go
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PRESTIGE CARE, INC. - Zoning Amendment
around it. Probably, there will be other access to the property;
he assumes from Pine Street. There will be other accesses to the
property. He reemphasizes that he has tried on two different
occasions to construct single family housing on the property;
however, one cannot build and sell 1,400 square feet houses in the
area. Two builders he worked with could not make such type of
development economically feasible. After speaking with City staff,
he believes the best use is the construction of duplexes, which is
the highest density he desires. He is not concerned with the
restriction to duplexes because he is not interested in decreasing
the value of surrounding properties and he wants to compliment the
surrounding properties.
21. In response to a question of Commissioner Borup, Mr.
Saunders testified that he would not be opposed to an R-8 zoning
which would allow the construction of minimum 800 square feet
duplexes.
22. Mr. Saunders commented further that his request for R-15
is based upon City staff's recommendations. He is not opposed to
the R-8 zoning. An R-8 zoning is fine with him if such zoning
makes the neighbors surrounding the property more comfortable with
the project, or restricting the size of the buildings on this
application is also fine with him.
23. Bruce Freckleton, Assistant to the City Engineer,
submitted comments which comments are incorporated herein as if set
forth in full. His comments included that the legal description
submitted with the application for rezone appears to meet all the
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PRESTIGE CARE, INC. - Zoning Amendment
criteria required by Meridian City Resolution #158, and the Idaho
State Tax Commission; that sanitary sewer service for this parcel
could be from extensions of the existing sanitary sewer trunk main
located between W. 7th Street and W. 8th Street; that the depth of
this existing main, approximately 7.5 feet deep, may limit the
serviceability of this parcel to this main; that the treatment
capacity of the Meridian Wastewater Treatment Plant is currently
being evaluated; that approval of this application needs to be
contingent upon the City's ability to accept the additional
sanitary sewage generated by any proposed development; that water
service for this development shall be from an existing main located
in W. 8th Street; and that water service to this development is
contingent upon positive results from a hydraulic analysis by the
City's computer model.
24. Shari Stiles, Planning and Zoning. Administrator,
submitted comments which comments are incorporated herein as if set
forth in full. Her comments included, but are not limited to, the
following. The request for zoning of R-15 would appear to be
compatible with the surrounding uses. Several single-family homes
have been split off from Pine Street, and the proposed rezone
property is now landlocked. Both Idaho Street and Broadway Street
dead-end into the property. Broadway Avenue basically dead -ends
into Nine Mile Creek. These roads will need to be extended to and
through the property in accordance with Ada County Highway District
standards, with five feet wide sidewalks on both sides. Fire
access and hydrant locations must be provided in accordance with
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PRESTIGE CARE, INC. - Zoning Amendment
the Uniform Fire Code and Meridian Fire Department policies. The
Applicant is to provide curbing and underground sprinkler system
for all landscaped areas. Nine Mile Creek is designated as a bike
path in the Meridian Comprehensive Plan. Plans of the Applicant
will need to be reviewed and approved by the City, Nampa & Meridian
Irrigation District, and possibly the Bureau of Reclamation.
Permanent six feet high perimeter fencing must be provided prior to
obtaining building permits, except where such requirement may be
specifically waived in writing by the City. All paving, striping
and signage of parking lots is to be in accordance with Meridian
City Ordinance and the Americans With Disabilities Act. Lighting
shall not illuminate adjacent residential properties or cause
glare, as determined by the City of Meridian. The Applicant
proposes a rezone of the property to 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. In the R-15
zone, minimum lot size is 2,400 square feet per dwelling unit. Any
duplex units would be required to have two -car garages. Single-
family detached housing would require a minimum house of 1,301
square feet in size. Duplex units would require a minimum of 800
square feet per unit, exclusive of the garage. A minimum of a 20
feet planting strip will be required along the railroad corridor,
outside of the existing right-of-way and beyond the fence to be
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PRESTIGE CARE, INC. - Zoning Amendment
installed. A development agreement/detailed conditions of approval
are required as a condition of rezoning. Because of the numerous
issues involved, and as no uses or site plan are shown for the
property, rezoning of the property 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. Perhaps. rezoning should not be
considered until a plan is presented for review and approval. She
would feel more comfortable if the plan were being approved
concurrently with any rezoning. Further conditions will be
examined when the application for conditional use permit is
submitted. If planned correctly, the property could be an
excellent in -fill development project.
25. The Meridian Police Department submitted comments on the
subject application, which comments are hereby incorporated herein
as if set forth in full.
26. The Meridian Fire Department submitted comments on the
subject application, which comments are hereby incorporated herein
as if set forth in full.
27. The Nampa & Meridian Irrigation District submitted
comments on the subject application, which comments are hereby
incorporated herein as if set forth in full.
28. The Central District Health Department submitted comments
on the subject application, which comments are hereby incorporated
herein as if set forth in full. Its comments included that after
written approval from appropriate entities are submitted, it can
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PRESTIGE CARE, INC. - Zoning Amendment
approve the proposal for central sewage and central water; that the
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.
29. The Ada County Highway District submitted comments, which
comments are hereby incorporated herein as if set forth in full.
Its comments included, but are not limited to, the. following. The
Applicant construct a 4 feet wide concrete sidewalk on 8th Street
abutting the site (Meridian requires 5 feet sidewalks). The
Applicant construct a 4 feet wide concrete sidewalk on Broadway
Avenue abutting the existing curb on the site's frontage (Meridian
requires 5 feet sidewalks); The Applicant continue the roadway grid
system through the 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. The
streets shall be constructed as 37 feet street sections with curb,
gutter and five feet wide sidewalks within the 50 feet right-of-
way. In accordance with District policy, stub streets to the
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PRESTIGE CARE, INC. - Zoning Amendment
undeveloped parcels abutting the site may be required upon review
of a future application for this site.
30. There were no other comments by the public regarding this
application.
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 Applicant's property.
2. The City has the authority to take judicial notice of its
own ordinances, other governmental statutes and ordinances, and of
actual conditions existing within the City and the State.
3. This Application for a zoning amendment has been judged
upon the basis of guidelines contained in Section 11-2-416 of the
Zoning And Development Ordinance of the City of Meridian and upon
the basis of the Local Planning Act of 1975, Title 67 Chapter 65,
Idaho Code, the Comprehensive Plan of the City of Meridian, and the
record submitted to it and the things of which it can take judicial
notice.
4. Section 11-2-416 A. states in part as follows:
When the public necessity, convenience, general welfare
or zoning and development practice require, the Council
. . . may amend, supplement, change, or repeal the
regulations, restrictions, and boundaries or
classifications of property as well as the regulations
and provisions of this Ordinance.
5. Section 11-2-416 (K) of the Zoning And Development
Ordinance of the City of Meridian sets forth standards under which
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PRESTIGE CARE, INC. - Zoning Amendment
the City shall review applications for zoning amendments. Upon a
review of those requirements and a review of the facts presented
and conditions of the area, it is specifically concluded as
follows:
(a) The (R-15) Medium High Density Residential District
zoning would be harmonious with and in accordance with
the Comprehensive Plan;
(b) The property, if designed and used as allowed in the (R-
15) Medium High Density Residential District, would be
developed in a fashion allowed under the proposed new
zoning;
(c) The property, if designed and used as allowed in the (R-
15) Medium High Density Residential District, would be
designed and constructed to be harmonious with the
surrounding area, which is developed in the fashion of
the (R-8) Low Density Residential District;
(d) The (R-15) Medium High Density Residential District use
would not be hazardous to the existing or future uses of
the surrounding neighborhood;
(e) A (R-15) Medium High Density Residential District
development would not create excessive additional
requirements at public cost for public facilities and
services, and would not be detrimental to the economic
welfare of the community;
(f) The property, if designed and used as allowed in the (R-
15) Medium High Density Residential District, would not
involve uses, activities, processes, materials, equipment
or conditions of operation which would be detrimental to
any person, property or the general welfare of the area;
(g) The property, if designed and used as allowed in the (R-
15) Medium High Density Residential District, could be
designed and constructed to provide vehicular approaches
to the property which would be designed to decrease
interference with traffic on surrounding public streets;
(h) A rezone would not result in the destruction, loss or
damage of any natural or scenic feature of major
importance; and
(i) The proposed zoning amendment is in the best interest of
City of Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19.
PRESTIGE CARE, INC. - Zoning Amendment
•
6. The City of Meridian has authority to place conditions
upon the grant of a zoning amendment.
7. The Applicant has not presented any specific plans
concerning his intention for the development of the property. It
is, therefore, concluded that as a condition of the grant of the
zoning amendment that any use or development of the property shall
only be allowed under the conditional use process.
8. It is further concluded that as a condition of the grant
of the zoning amendment, the Applicant 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 Applicant, 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;
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PRESTIGE CARE, INC. - Zoning Amendment
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.
9. As the Applicant testified substantially as follows: that
he does not mind being restricted to duplexes on the property; that
duplexes are the highest density for which he cares; and that he
does not believe a higher density would compliment the area, it is
further concluded, as a condition of the grant of the zoning
amendment, that the development of this property shall be
restricted to a minimum of two-family dwellings (duplexes) at a
density not exceeding eight dwelling units per acre.
10. It is further concluded that, as a condition of the grant
of the zoning amendment, 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, but are not limited to, the following:
(a) The approval of this application for zoning amendment
shall be contingent upon the City's ability to accept the
additional sanitary sewage generated by any proposed
development;
(b) The water service for any development of this property
shall be from an existing main located in W. 8th Street;
and
(c) Water service to any development of this property is
contingent upon positive results from a hydraulic
analysis by the City's computer model.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21.
PRESTIGE CARE, INC. - Zoning Amendment
11. It is further concluded that, as a condition of the grant
of the zoning amendment, the Applicant must meet and comply with
the comments, recommendations and requirements of Shari Stiles,
Planning and Zoning Administrator, which comments, recommendations
and requirements included, but are not limited to, the following:
(a) As part of any development of the property Idaho Street
and Broadway Street shall be extended to and through the
property in accordance with Ada.County Highway District
standards, with five feet wide sidewalks on both sides;
(b) Fire access and hydrant locations shall be provided in
accordance with the Uniform Fire Code and Meridian Fire
Department policies as part of any development of the
property;
(c) As part of any development of the property, the Applicant
shall provide curbing and underground sprinkler system
for all landscaped areas;
(d) As Nine Mile Creek is designated as a bike path in the
Meridian Comprehensive Plan, plans pertaining to Nine
Mile Creek shall be reviewed and approved by the City,
Nampa & Meridian Irrigation District, and, if necessary,
the Bureau of Reclamation;
(e) The Applicant shall install a permanent six feet high
perimeter fencing prior to obtaining building permits,
except where this requirement is specifically waived in
writing by the City;
(f) As part of any development of the property, all paving,
striping and signage of parking lots is to be in
accordance with Meridian City Ordinance and the Americans
With Disabilities Act;
(g) As part of any development of the property, lighting be
designed so as not to illuminate adjacent residential
properties or cause glare, as determined by the City of
Meridian;
(h) As part of any development of the property, the Applicant
shall submit to the City of Meridian information to
substantiate that the property shall have direct access
to a transportation arterial or collector, shall abut or
have direct access to a park or open space corridor, and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 22.
PRESTIGE CARE, INC. - Zoning Amendment
shall be connected to the Municipal water and sewer
systems of the City of Meridian.
(i) As part of any development of the property, the minimum
lot size shall be 2,400 square feet per dwelling unit;
any duplex units shall have two -car garages; single-
family detached housing shall be a minimum of 1,301
square feet in size; duplex units shall be a minimum of
800 square feet in size per unit, exclusive of the
garage;
(j) As part of any development of the property, a minimum of
a 20 feet planting strip shall be required along the
railroad corridor, outside of the existing right-of-way
and beyond the fence to be installed; and
(k) Further conditions shall be examined and considered, and
may be placed upon any application for a conditional use
permit for the use or development of the property.
11. It is further concluded that, as a condition of the grant
of the zoning amendment, the Applicant must meet and comply with
the comments, recommendations and requirements of the Meridian
Police Department, the Meridian Fire Department and the Nampa &
Meridian Irrigation District.
12. It is further concluded that, as a condition of the grant
of the zoning amendment, the Applicant must meet and comply with
the comments, recommendations and requirements of the Ada County
Highway District, which comments, recommendations and requirements
included, but are not limited to, the following:
(a) As part of any development of the property, the Applicant
shall construct a minimum 5 feet wide concrete sidewalk
on 8th Street abutting the site;
(b) As part of any development of the property, the Applicant
shall construct a minimum 5 feet wide concrete sidewalk
on Broadway Avenue abutting the existing curb on the
site's frontage;
(c) As part of any development of the property, the Applicant
shall continue the roadway grid system through the site
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 23.
PRESTIGE CARE, INC. - Zoning Amendment
by extending Idaho Avenue and Broadway Avenue from the
property's east boundary to the site's west boundary.
Additional north -south roads may be constructed as
needed;
(d) The streets shall be constructed as 37 feet street
sections with curb, gutter and five feet wide sidewalks
within the 50 feet right-of-way; and
(e) Stub streets to undeveloped parcels abutting the site may
be required upon review of any future applications for
the property.
13. It is further concluded that, as a condition of the grant
of the zoning amendment, the Applicant must meet and comply with
the comments, recommendations and requirements of Central District
Health Department, which comments, recommendations and requirements
included, but are not limited to, the following:
(a) As part of any development of the property, plans for
central sewage and central water shall be submitted to
and approved by the Idaho Department of Health & Welfare,
Division of Environmental Quality;
(b) Street runoff shall not create a mosquito breeding
problem;
(c) As part of any development and use of the property, the
first one half inch of .stormwater shall be pretreated
through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface
water quality; and
(d) As part of any development of the property, the engineers
and architects involved with the design of this project
shall obtain current best management practices for
stormwater disposal and design a stormwater management
system that prevents groundwater and surface water
degradation.
14. It is concluded that the above -conditions are reasonable
conditions of the grant of the zoning amendment.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 24.
PRESTIGE CARE, INC. - Zoning Amendment
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW
The Meridian Planning and Zoning Commission of the City of
Meridian hereby adopts and approves these Findings of Fact and
Conclusions of Law.
ROLL CALL Q
COMMISSIONER BORUP VOTED
COMMISSIONER OSLUND VOTED
COMMISSIONER MACCOY VOTED
,C0pj rK l SSiUr%FP % �i4l�cl�it/l7 — l
CHAIRMAN JOHNSON (TIE BREAKER) VOTED Uw
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 25.
PRESTIGE CARE, INC. - Zoning Amendment
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 the zoning amendment requested under the conditions set
forth in these Findings of Fact and Conclusions of Law, including
that the Applicant or its successors in interest, assigns, heirs,
executors or personal representatives enter into a development
agreement, and that the property only be developed under the
conditional use process; that if the Applicant is not agreeable
with these Findings of Fact and Conclusions of Law and is not
agreeable with entering into a development agreement and developing
the property only under the conditional use permit process, the
application for the zoning amendment should be denied.
MOTION:
APPROVED: DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 26.
PRESTIGE CARE, INC. - Zoning Amendment
WILLIAM G. BERG, JR., City Clerk
JANICE L. GASS, City Treasurer
GARY D. SMITH, P.E., City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Parks Supt.
SHARI L. STILES, P & Z Administrator
PATTY A. WOLFKIEL, DMV. Supervisor
KENNETH W. BOWERS, Fire Chief
W.L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
HUB OF TREASURE VALLEY 0
A Good Place to Live,
WALT W. MORROW, President
CITY OF MERIDIAN
RONALD R. TOLSMA
CHARLES
GLENN R.BENTLEYEE
33 EAST IDAHO
MERIDIAN, IDAHO 83642
P & Z COMMISSION
(208) 888-4433 • FAX (208) f874813
Public Works/Building Department (208) 887-2211
JIM JOHNSON, Chairman
KEITH BORUP
Motor Vehicle/Drivers License (208) 8884443
JIM SHEARER
GREG OSLUND
ROBERT D. CORREE
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: February 4,1997
TRANSMITTAL DATE: 1/22/97 HEARING DATE: 2/11/97
REQUEST: Rezone of 9.42 acres from R-4 to R-15
BY: Lorin Saunders
LOCATION OF PROPERTY OR PROJECT: South of W. Pine Avenue. West of W.
Broadway
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
IR VED
JAN 2 7 1997
MY OF MERIDIAN
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE (PRELIM. & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO. (PRELIM. & FINAL PLAT)
U.S. WEST (PRELIM. & FINAL PLAT)
INTERMOUNTAIN GAS (PR LIM. & FINAL PLAT)
BUREAU OF RECLAMATI LIM. & FINAL
CITY FILES i C
OTHER: . "
YOUR CONCISE REMARKS:
WILLIAM G. BERG, JR., City Clerk
JANICE L. GASS, City Treasurer
GARY D. SMITH, P.E., City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Parks Supt.
SHARI L. STILES, P & Z Administrator
PATTY A. WOLFKIEL, DMV Supervisor
KENNETH W. BOWERS, Fire Chief
W.L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
HUB OF TREASURE VALLEY 0
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
(208) 888-4433 - FAX (208) 8874813
Public Works/Building Department (208) 887-2211
Motor Vehicle/Drivers License (208) 8884443
ROBERT D. CORRIE
Mayor
COUNCIL MEMBERS
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: February 4.1997
TRANSMITTAL DATE: 1/22/97 HEARING DATE: 2/11/97
REQUEST: Rezone of 9.42 acres from R4 to R-15
BY: Lorin Saunders
LOCATION OF PROPERTY OR PROJECT: South of W. Pine Avenue. West of W.
Broadway
JIM JOHNSON, P2
MALCOLM MACCOY, P2
JIM SHEARER, P/Z
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 %_ j� q Y7
OTHER:
YOUR CONCISE REMARKS:
S ;3,e 4 LLR iG K
LAJ 'i +4A 11\ en fin/ Fi 2E
ADA POUNTY HIGHWAY DI
Development Services Divisioin
Development Applicatio ^ort'
MRZ-1-97 Southwest of Pine Ave/8th StreetZ IMSt # -15
The applicant is requesting a rezone from R-4 to R-15 -acres site is located on the
west side of 8th Street, approximately 125 -feet south of Pin This development is
estimated to generate 950 total additional vehicle® rd :.. g multi -family
development, based on the Institute of Transp. eers ip Generation manual.
Roads impacted by this development:
M
venue
Date - February 12, 1997 - 7:00 p.m.
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Facts and Findings:
A. General Information
Owners - Lorin and Cleo Sanders
Applicants - Same
R-4 - Existing zoning
R-15 - Requested zoning
9.42 - Acres
0 - Square feet of existing bu
0 - Total lineal feet of propos
271 - Traffic Analysis Zone (TI
West Ada - Imp ! b, , Benef'
Western Cities - EMU E ee Assessment District
8th Street
Local street iy1th no pathway ', igi
No traffic count available
330 -feet of outage
50 -feet existn right ofuway
No additio`away required
8th Street is improved with a 36 -foot street section with curb, gutter and sidewalk on the east
side. There is curb and gutter on the west side but no sidewalk.
Broadway Avenue
Local street with no pathway designation
Traffic count of 648 on 10-23-96
330 -feet of frontage
50 to 55 -feet existing right-of-way
50 -feet right-of-way required to extend Broadway Avenue
Broadway Avenue is improved with a 36 -foot street section with curb and gutter on both
sides and sidewalk only on the north side. Broadway Avenue is unimproved west of 8th
Street (170 -feet).
Pine Avenue
Collector with bike lane designation
Traffic count 6,748 on 5-14-96 east of 8th Street
0 -feet of frontage
MRZ 197.COM
Page 2
B. Utility street cuts in new pavement less than five y Hold ar lowed unless approved
in writing by the District. Contact Construction S- ices at with f e numbers) for
details.,r
C. The site is undeveloped and has frontage on 8th S Broadway Avenue. 8th Street and
Broadway Avenue east of 8th Street are improved` ith gutter abutting the site.
District policy requires the applicant to cons, trutr dewa :- g the existing curb along
the site's frontage. There is 160 -feet of p ,; . ht-of=way for Broadway Avenue west
of 8th Street.
To maintain inter -neighborhood co, tivi ', staff recommends that the grid system be
continued through this site by exte ding I o A enue and Broadway Avenue from the site's
east boundary to the site's wes b&undional north -south roads may be constructed
as needed. Distrtctpolicy requtre�e rest ential streets to be constructed as 37 -foot street
sections with curb,=.gutxeand 5=footmt?de sidewalks within 50 -feet of right -of --way.
D. There is an irrigation °facility piped under what appears to by the improved section of
Broadway Avenue. The remainder of the irrigation facility is not piped on the site. Future
rievetnnment;of this site should"plan for the irrigation facility outside the right -of --way.
B. A accord an with District policy, stub streets to the undeveloped parcels abutting this site
may be re 'Zipon-review of a future application for this site.
F. Based on development patterns in this area and the resulting traffic generation, staff
anticipates that the transportation system will be adequate to accommodate additional traffic
generated by this proposed development with the requirements outlined within this report.
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. Construct a 4 -foot wide concrete (Meridian requires 5 -feet) sidewalk on 8th Street abutting
the site.
2. Construct a 4 -foot wide concrete (Meridian requires 5 -feet) sidewalk on Broadway Avenue
abutting on the existing curb on this site's frontage.
3. Continue the roadway grid system 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. The streets shall be constructed as 37 -foot
street sections with curb, gutter and 5 -foot wide sidewalks within 50 -feet of right-of-way.
MRZ 197.COM
Page 3
•
7. No change in the terms and conditions of this
writing and signed by the applicant or the appl
authorized representative of the Ada County H
applicant to obtain written confirmation of any
District.
8. Any change by the applicant in the planned us.
application, shall require the applicant to c p
plans, or other regulatory and legal resdo
successors in interest advises the Hi ay D'
the subject property unless a waiv ,," iance' of
granted pursuant to the law in a ect at th e
Conclusion of
1. ACHD n
an undue
vicinity i
v ` hal unless they, are in
autho w . ntatiye= and an
i DA' 'ict. it hall be upon the
m the Ada Y unty Highway
ie pro ;' which is the subject of this
all , regulations, ordinances,
e time the applicant or its
intent to change the planned use of
requirements or other legal relief is
change in use is sought.
nts are"J" ended twassure that the proposed use/development will not place
�k W
3n t` ie exxsting,yelucular and pedestrian transportation system within the
by the pro& development.
Should you have any questions or comments, please contact the Development Services
Division at 345-7662 .._,/`1
MRZ 197.COM
Page 5
•
L�
4. In accordance with District policy, stub streets to th odeve arcels abutting this site
may be required upon review of a future application for thisstt
Standard Requirements:
1.
2.
A request for modification, variance or waiver
shall be made in writing to the ACHD Develo
or policy outlined herein
rvisor. The request shall
ACHD Commission action. Those :i ms shill be rescheduled for discussion with the
Commission on the next available; neetm 'a enda
Requests submitht&the Distric er 9.00 a.m. on the day scheduled for Commission
action do not provide. sufficient time1br District staff to remove the item from the consent
agenda and reporttoCommissionregarding the requested modification, variance or
waiver. Those items wilfbe acted on by the Commission unless removed from the agenda
by the Commission. }
After ACHD, Commission, .action, any request for reconsideration of the Commission's action
ft
shall be made; m writing, to the Development Services Supervisor within two days of the
action and shalluiclude a minimum fee of $110.00. The request for reconsideration shall
of data that was not available to the Commission at the time of its original decision. The
request for reconsideration will be heard by the District Commission at the next regular
meeting of the Commission. If the Commission agrees to reconsider the action, the applicant
will be notified of the date and time of the Commission meeting at which the reconsideration
will be heard.
Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #188, also known as Ada County Highway District Road Impact
Fee Ordinance.
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 a 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.
MRZ 197.COM
Page 4
C11
ENTRAL C
DISTRICT
HEALTH
DEPARTMENT
Rezone #
Conditional Use #
DISTRICT HEALTH D
Environmental Health Division
tRy— le 15
Preliminary / Final / Short Plat
s
❑ I. We have No Objections to this Proposal.
❑ 2. We recommend Denial of this Proposal.
ENT
Return to:
❑ Boise
❑ Eagle
❑ Garden city
iRmeridian
❑ Kuna
❑ ACz
r- n'- 8eoAD14141
❑ 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:
5Z central sewage ❑ community sewage system ❑ community water well
❑ interim sewage .central water
❑ individual sewage ❑ individual water
9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare,
Division of Environmental Quality:
central sewage ❑ community sewage system ❑ community water
sewage dry lines central water
10. Street Runoff is not to create a mosquito breeding problem.
EM
❑ 12.
Stormwater disposal systems shall be reviewed by relative to: ❑ Waste Disposal ❑ Injection Well rules.
❑ Groundwater Protection
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 �j'�
15. ��/Z�J/ov eF-T�-72 �J�j✓.4-E�lE�✓T %'.� C1�/t'ir�l�/✓U/f'77oi�5 Date: / -2 6 /�_
!f: Reviewed By:
WHO 10/91 rcb, rev. 1/9s Revie eet
CENTRAL
c7 -=
DISTRICT
HEALTH
DEPART M E N T MAIN OFFICE •707 N. PL • BOISE. IO.83704 3755211 •FAX 327-M
7b p vwU and trust disease and dinWity: to promote healdw U jn4w and to Protect and promote aw haft mid quality of air awkwMa t
STORMWATER 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:
.1) GUIDELINES FOR TREATMENT AND DISPOSAL OF STORMWATER
RUN OFF. Idaho Division of Environmental Quality, Southwest Idaho
Regional Office, September 1995.
2) STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND,
State of Washington Department of Ecology, February 1992.
3) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR.
STORMWATER AND SITE DRAINAGE MANAGEMENT.
Serving Vdig. am m Boise. and Ada Counties
—
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93705 FR 334.1355
83617 FA 5874AU
Mahan Hoer. O.
F g&7194
Ennio.'- al 327.1499
324 MOO= a
8360 FR 587.9275
sally ftd 327.1100
83042 FR 8866525
29 January 1997
Will Berg, City Clerk
City of Meridian
33 East /daho
Meridian, ID 83642
1 3 �Q
i i • i i i i/
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-888-6201
RE: Rezone of 9.42 acres from R-4 to R-15 Lorin Saunders
Dear Commissioners:
Phones: Area Code 208
OFFICE: Nampa
466-7861
Boise
343-1884
SHOP: Nampa
466-0663
Boise
345-2431
The Nampa & Meridian Irrigation District has no comment on the rezoning for the
above referenced application, but the District's Ninemile Drain does courses through
this project. The right-of-way on the Ninemile Drain is 100 feet and this issue will
need to be addressed when development of this project begins.
/f you have any further questions, please feel free to contact me.
Sincerely,
Bill Henson, Asst. Water Superintendent
NA MPA & MERIDIAN IRRIGATION DISTRICT
BH: dln
PC: File - Shop
File - Office
Water Superintendent
APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS - 23,000
BOISE PROJECT RIGHTS - 40,000
■
1,
0
MARI t 1997
/'Meridiaan City Council CrTY Of MENDIAN
Meridian City. Hall
We, the undersigned, who own property adjoining or within,
300 feet of the Saunders property oppose the proposed A-15
zone for the Saunders property because of the negative impact
this would have on us aand.our property. This would lower. the
value of our property.
Development of this density and type creates problems with
crime, traffic, impact the city's need for police, parks,
recreation facilities,;etc. This type of development does nat',-
create revenue in proportion to the services required when
compared to other development.
We :rapport an $-8 zoning with as�pn ae story duplexes and single
story, one family residences with a six-foot saed chain link:
fence on the north side of the p operty,;,
. z
I/ /J),{{/�/(//�/�///
ic
all VV
7 JA
Meridian City Couuncll RECEIVED
Meridian City He
9
4e, the undersigned, who own property adjoining or within MAR 3 1 1997
300 feet of the Saunders property oppose the proposed 3-lWY OF MERIDIA
zone for the Saunders property because of the negative impact
this would have on us and our property. This would lower the
value of our property,
Development of this density and type creates problems with
crime, traffic, impact the city's need for police, parks,
recreation facilities, etc. This type of development does not
create revenue in proportion to the services required when
compared to other development.
4e support an R-8 zoning with single story duplexes and single
story, one family residences with a six-foot sealed chain link
fence on the north side of the property.
y �
�'? F. �J
Meridian Planning & Zc*g Commission
March 11, 1997
Page 12
and landscaping requirements and all ordinances of the City of Meridian. The
conditional use should be subject to review upon notice of the applicant by the City.
Borup: Second
Johnson: All those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #9: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A REZONE OF
9.42 ACRES FROM R4 TO R-15 BY LORIN SAUNDERS:
Borup: Mr. Chairman, I would like to abstain from commenting or voting on this
application.
Johnson: So done, any discussion?
Borup: Since the last meeting I had a single phone conversation with Mr. Saunders
concerning possible involvement, although no decision was made.
Johnson: That is fine, you don't need to elaborate, if you think you have a conflict of
interest that is good enough for me. Commissioner MacCoy any comments?
MacCoy: I am just checking, hold it one moment here. No, I will not go into any detail, I
will pass.
Johnson: Commissioner Manning?
Manning: None
Johnson: No comments then I will entertain a motion for approval.
MacCoy: Meridian Planning and Zoning Commission of the City of Meridian hereby
adopts and approves these findings of fact and conclusions of law.
Manning: Second
Johnson: Moved and seconded that we approve the findings of fact and conclusions of
law as prepared, roll call vote.
ROLL CALL VOTE: Borup - Abstain, Oslund - Absent, MacCoy - Yea, Manning - Yea,
Johnson- Yea
MOTION CARRIED: All Yea
MERIDIAN PLANNING & ZONING COMMISSION MEETING: March 11, 1997
APPLICANT: LORIN SAUNDERS AGENDA ITEM NUMBER: 9
REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A REZONE OF 9.42 ACRES FROM
R-4 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:
OTHER:
COMMENTS
All Materials presented at public meetings shall become property of the City of Meridian.
MERIDIAN PLANNING & ZONING COMMISSION MEETING: February 11, 1997
APPLICANT: LORIN SAUNDERS AGENDA ITEM NUMBER: 17
REQUEST: PUBLIC HEARING: REZONE OF 9.42 ACRES FROM R-4 TO R-15
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER: See Attached Comments
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT: "Reviewed"
CITY FIRE DEPT: See Attached Comments
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
C
ADA COUNTY HIGHWAY DISTRICT: See Attached Comments
ADA COUNTY STREET NAME COMMITTEE:
�CENTRAL DISTRICT HEALTH: Bee Attached Comments
NAMPA MERIDIAN IRRIGATION: See Attached Comments
SETTLERS IRRIGATION: P41,
IDAHO POWER: 0
c
US WEST: to
4
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
11 Materials presented at public meetings shall become property of the City of Meridian.