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HomeMy WebLinkAboutHumphrey, William C. AZMayor ROBERT D. CORRIE Council Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (209),898-4433 • Fax (208) 887-4813 LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208)884-5533 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 recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: JUNE 2, 1998 TRANSMITTAL DATE: MAY 18, 1998 HEARING DATE: JUNE 9, 1998 REQUEST: ANNEXATION AND ZONING OF 1.18 ACRES OF LAND BY: WILLIAM C. HUMPHREY LOCATION OF PROPERTY OR PROJECT: 939 E. PINE JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE DEPARTMENT POLICE DEPARTMENT _CITY ATTORNEY CITY ENGINEER CITY PLANNER PARKS DEPARTMENT CITY FILES 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) IDAHO TRANSPORTATION DEPARTMENT YOUR CONCISE REMARKS: Chapter 7 Floodway Revisions The floodways shown on NFIP maps are developed as part of detailed FISs and are adopted by communities for use in establishing sound floodplain management programs. By restricting development in the floodway, a community can preserve the conveyance area necessary for the passage of floodwaters and avoid significant increases in flood elevations. The boundaries of the floodway are intended to remain unchanged once they are established and adopted by the community. In response to extraordinary circumstances, however, a community may find it necessary to change the configuration of the floodway. The purpose of this chapter is to discuss FEMA policy concerning floodway revisions and to describe the 'information that must be submitted in support of a request for a floodway revision. Background Even though fill may be placed or construction carried out in floodplains in such a way that the flood hazards to the new development will be minimal, the effect of such activities on existing development, both upstream and downstream must be considered. Encroachments, such as construction and the placement of fill, within the 100 -year floodplain can increase flood levels by blocking areas of the floodplain that would otherwise be open and able to convey floodwaters. To achieve a balance between any benefits to be gained from floodplain development and the resulting increase in the flood hazard, and to help communities regulate such development and avoid significant increases in BFEs, FEMA establishes floodways. ALfloodway identifies the portion of the 100 -year floodplain that must be - kept free of encroachment. The limits of the floodway are determined through a hydraulic analysis in which the rise in the BFE (the surcharge) due to encroachment within the 100 - year floodplain is calculated. 39 FEMA has established as a standard a'maximum allowable surcharge of 1.0 foot. Because the surcharge generally increases as the amount-' of encroachment increases, setting a limit on the magnitude of the surcharge sets limits on the amount of encroachment that may take -place. A floodway based on a maximum allowable surcharge of 1.0 foot is therefore the channel of a stream plus the portion, of the floodplain adjacent to it that must be kept free of encroachment so that the entire 100 -year flood discharge can be passed with no greater than a 1.0 foot increase in the BFE. The portions of the floodplain outside the floodway are referred to as the floodway fringe. Once a floodway has been established, the community may allow development in the floodway fringe with the assurance that flood hazards will not be increased significantly. However, all such development must meet the minimum floodplain management standards required for participation in the NFIP. Several States have adopted requirements that limit the allowable surcharge to less than 1.0 foot. For States that have adopted more stringent standards by legally enforceable statutes or regulations, FEMA computes floodways using those standards. In addition, some individual communities have established and enforce more stringent standards. Although the NFIP maps for such communities usually depict floodways based on a 1.0 -foot surcharge, FEMA encourages the adoption of more stringent standards. Once a floodway has been adopted by the community, any encroachments within the floodway that would increase the BFEs during the 100 -year flood are prohibited. Such encroachments could include fill, new construction, substantial improvements, and other types of development. Hereafter in this Guide, when a 1.0 -foot surcharge is referred to, the assumption has been made that there is no more stringent State or local surcharge standard. Where such a standard exists, the allowable surcharge is limited to that standard. In addition, where a stream with a regulatory floodway forms the boundary between two communities or two states, the allowable rise in the BFE due to encroachment in one community or state is limited to 0.5 foot, unless a more stringent, State standard has been established. Floodways are developed for streams studied by detailed methods as part of the hydraulic analyses performed for those streams. The most common method FEMA uses to develop floodways is referred ,to as the "equal conveyance reduction method," in which the hydraulic computer model is modified so that equal amounts of hydraulic conveyance are eliminated from opposite sides of the 100 -year floodplain until the allowable rise in the BFE is reached. When it is necessary to develop floodways with specific configurations requested by the community, unequal reductions of conveyance area may be used. A floodway is a reasonable depiction of the area that must be kept open to convey floodwaters and is not necessarily the minimum area required to meet FEMA or State standards. Once adopted by the community, a particular floodway configuration becomes administratively established, as much the same as other community regulations do, and the limits of the floodway are intended to remain unchanged. However, in one situation, a community must request conditional approval of a floodway revision; in two other situations, a community may find it necessary to request a floodway revision. A community must request a floodway revision before permitting an encroachment into a regulatory floodway that would cause any rise in the BFE. Before FEMA can grant such a request, the community must apply to FEMA for conditional approval of the proposed project. The data the community must submit in support of such an application, and the procedures FEMA will follow in reviewing and responding to the, application, are discussed in Chapter 5, "Conditional Map Revisions." A community may request a floodway revision in the following situations: 40 • When an Appeal or a Map Revision results in changes to effective BFEs • When, for good cause, the community wishes to shift the floodway or change its configuration in some way Appeals and Map Revisions that result in changes to BFEs are generally supported by new or revised hydraulic analyses that involve modification of the original hydraulic computer model. (See Chapters 3 and 4.) Because the floodway is developed with that. model and the floodway width depends on a specified rise in the BFEs, changes to floodways may be a part of any Appeal or Map Revision that results in changes to BFEs. A floodway revision request may be submitted during the 90 -day appeal period or after the NFIP map on which the floodway is shown has become effective. Requests submitted during the appeal period will be handled as Protests. (See Appendix A.) Requests submitted after the effective date of the NFIP map will be handled under the map revision process. How to Request a .Floodway Revision Because the community selects and adopts the floodway, all requests for changes to floodways must be made or approved by the community. FEMA will not 'revise a floodway without the approval of the community. Because the CEO of the community is responsible for ensuring that the community meets the obligation to regulate floodways, FEMA will work with the CEO or a local official designated by the CEO, such as a city planner or city engineer, in evaluating requests that involve changes to floodways. Therefore, any individual property owner, developer, or other person who wishes to request a map change that involves the floodway must submit the request to the CEO or the designated official. The CEO or other community official should review the request and, when forwarding it to FEMA, should state whether the community approves the requested change. 0 All requests that involve changes to floodways should be submitted to the appropriate FEMA Regional Office. The Regional Offices and their addresses are listed in Appendix D. Required Supporting Data Floodway revisions cannot be made without adequate supporting data. Because many States,. require communities to follow administrative procedures for establishing and revising floodways and 'because the limits of the. floodway are established through engineering analyses, both legal documentation and technical data must be submitted. Also, it is important to note that as the floodway fringe is developed, an increasing amount (if not all) of the allowable surcharge is used. Therefore, a revised floodway must be configured in such a way that it will continue to convey the 100 -year flood discharge with no greater than a 1.0 -foot increase in the original BFEs (i.e., the BFEs on which the unrevised floodway is based) at any point. If the floodway revision is part of a revision that results in BFEs lower than those on the map that is to be revised, the 1.0 -foot surcharge limit applies to those lower BFEs. In the following are descriptions. of the documentation and data that the requestor must submit to support each type of floodway revision. All Floodway Revisions The following documentation must be submitted as evidence that the community is prepared to adopt the revised floodway and that all legal requirements will have been met before the floodway is revised: • Copy of a public notice stating the community's intent to revise the floodway and a statement that the community has notified any affected property owners or adjacent jurisdictions, • Copy of a letter notifying the State of the floodway revision • Documentation of the approval of the revised floodway by the appropriate State agency (for communities where the State has jurisdiction over the floodway or its adoption by communities participating in the NFIP) { Floodway Revisions Made as Part of an Appeal or Map Revision - LANI The following data must be submitted: • Engineering analysis for the revised floodway, performed according to the steps below: The floodway analysis should be performed for the desired floodway limits with the hydraulic computer model used for the determination of the new BFEs for the Appeal or Map Revision- (See Chapter 3 or 4.) 2. The floodway limits should be set so the combined effects of past encroachments, the changes on which the Appeal or Map Revision is based, and the new floodway limits do not increase the original BFEs or those resulting from the Appeal or Map Revision by more than the amount allowed by FEMA and the State. (Copies 3f the input and output data from "ne original, modified, a"nd floor' .ray computer models must be submitted.) 0 Delineation of the revised floodway on the same topographic map used for the delineation of the -revised floodplain boundaries resulting from the appeal or map revision. Floodway Revisions- Made Independently of Appeals of Map Revisions The following data must be submitted: 1. Engineering analysis for the revised floodway, performed according to the steps below: 1- The original hydraulic computer model should be modified so that it includes all encroachments that have occurred in the floodplain since the original floodway was developed. 2. The floodway analysis should be performed for the desired floodway limits with the modified computer model. 3. The floodway limits should be set so that the combined effects of the past encroachments and the new floodway limits do not increase the original BFEs by more than the a amounts allowed by FEMA and the State. Copies of the input and output data from the original, modified, and floodway computer models must be submitted. • Delineation of the revised floodway on a copy of the effective NFIP map. General Technical Guidance When developing technical supporting data, the requestor should consider the following points: All analyses and data submitted by the requestor must be certified by a registered professional engineer; survey data may be certified by a licensed land surveyor. Input and output data from the original hydraulic computer model may be requestedthrough the appropriate FEMA Regional Office. (See Appendix D.) 42 0 FEMA policies concerning floodway revisions based on changes in flood discharges or the effects of earthfill levees or other structures are the same as those outlined for Map Revisions in Chapter 4. Floodway Revision Procedures As explained earlier, a request for a floodway revision may be part of either an Appeal or a Map Revision that results in changes to BFEs, or it may be submitted independently as a Map Revision request that involves only the floodway. If the floodway revision request is submitted as part of an Appeal or Map Revision request, or is submitted as a separate Map Revision request, it will be handled according to the procedures outlined in Chapter 3 or 4. If the request is submitted during the 90 -day appeal period, itwill be handled as described below. After receiving the request, FEMA will send an acknowledgment letter to the CEO. If the request is submitted by a private party, a copy of the acknowledgment letter will be sent to the requestor- During its review of the request, FEMA will communicate by letter with the CEO or the community official designated by the CEO. If the request was submitted by a private party, copies of all letters will be sent to the requestor. If FEMA determines that it needs additional data to support the request, it will request data by letter. The letter will be sent to the CEO. To avoid spending time reviewing poorly documented requests, FEMA allows 30 days for the CEO to provide the requested data. If the data are not provided within the allotted time, FEMA will complete the review using the data originally submitted. If the requested data are provided, FEMA will consider them in the review. After reviewing all the supporting data, FEMA will determine whether the revision is warranted. If no revision is warranted, FEMA will inform the CEO by letter that the request is denied. If a revision is warranted, the revised floodway will be incorporated into the map at the time it is printed. The revised floodway data will be incorporated into the FIS report at the same time. M 43 2596 I WASHINGTON AVENUE 1 I1 utyw : AVENUE ~ uj w w STREET ADA COUNTY I UNINCORPORATED AREAS P 160001 7 RM43 PINE AVENUE __._ _ s c � r- asFa z � ✓ - a W P I AN �« x g Ln ZONE X IDAHO STfiEET ^Z "—savla 4,�Yto . ZONE X QQ QQ fsgfj s ��': cc BROADWAY AVENUE cc n t ZQ I w y Hv Sf S�� Yr>>xN�1 Iiz Q /+ :a v' J ON PACIFIC y a< w44 el' STREET \ 1 < > > q "" � 11 k - ZONE X RM122 C �. a K6 tiv sx 1. Q �;TREET \P 1 � II \� ADA COUNTY ! \ UNINCORPORATED AREAS E i 160001 r � S 9 I I 'IE X i ADA COUNTY RM124 — —' CITY OF MERIDIAN P� \ ADA COUNTY 1JrTINCORPORATED AREAS ti COUNTY N ORA T:c D AREAS 160001 G 116022'30" 43037*30" UIEW LEGEND SPECIAL FLOOD HAZARD AREAS INUNDATED BY 100 -YEAR FLOOD ZONE A No base flood elevations determined ZONE AE Base flood elevabom determined. ZONE AM Flood depths of 1 to 3 feet (usually areas of ponding); base flood elevations determined. ZONE AO Rood depths of 1 to 3 feet (usually sheet flow on sloping terrain); average depths determined. For areas of alluvial fan flooding, velocities also determined. ZONE A99 To be protected from 100 -year flood by Federal - flood protection system under conasuction ; no base flood elevations determined. ZONE V Coastal flood with velocity hazard (wave action); no base flood elevations deterimined. ZONE VE Coastal flood with velocity hazard (wave action); base flood elevations determined. [,M4" �W OODW Y AREAS IN ZONE AE OTHER FLOOD AREAS ZONE X Areas of 500 -year flood; areas of 100 -year flood with average depths of less than 1 foot or with drainage areas loss than I "m mile; and areas protected by levees from 100 -year flood. OTHER AREAS ZONE X Areas determined in be outside 500 -year floodplain. ZONE D Areas In which flood hazards are uncietertnined. UNDEVELOPED COASTAL BARRIERS r7_71-4 F77 .71 Identified identified Otherwise 1983 1990 Protected Areas Coastal barrier areas are normally located within or adjacent to Special Flood Hazard Areas. Floodplain Boundary Floodway Boundary Zone D Boundary Boundary Dividing SDecial Flood Hazard Zones, and Boundary 0!, Dividing Areas of Different Coastal Base Flood Elevations Within Special Rood Hazard zones. Base Flood Elevation Line; _513- Elevation in Feet. See Map Index for Elevation Datum. Cross Section Line I ,;.&Sri Fiuod F!-'/sbon ;r Fev" (EL 987) Whom Uniform Within Zone, AM7 SOO Map * Index !or Elevation Datum X Elevation Reference mark • M2 9ivar Mile 1-10rizontal Coordinates Based on North 97007'30". 32'22'30" Amorimn Datum of 1927 (NAD 27) Projection, NOTES This map is for use in administering the National Flood Insurance Program; it does not necessar*V identify all areas subject to flooding, Particularly from local -drainage sources Of small size, or all pianimetric f swures outside Special Flood Hazard A'486- The community map rOP03ftOry should be convAled tow — detailed data on BFE*s,- and for arty information on Fbod%vav deflineetiocW_'pdat to use of this mapfoil plop" Purchase or construction purposes: -ARM of SPOCIIIIIIII Flood Horsed VWvaw. r—M wciuft Zones A. AE. Al - AM Ail 'AM AGB` V.'VE and .Vli-M_, ry 0 Lu Z Q a Z O .kREwS I) i i I I ADA` COUNTY, IUmNCORPORATED:i- AREAS i i6000ill _ ?r See Map Index !or Elevation Datum RM7`X Elevation Reference Mark • M2 River Mile Horizontal Coordinates Based on North 9TOOT'30". 32022'30" ,Amefican Datum of 1927 (NAD 27! Projection. NOTES This map is for use in administering the National Flood Insurance Program; it does not necessarily identify all areas subject to flooding, particularly from local drainage sources of small size, or all planimetric features outside Special Flood Hazard Areas. The community map repository should be consulted'for more detailed data on BFE's, and for any infomwion on floodway delineationa.'prfor to use of this map for property purchase or construction purposes. Areas of Special Flood Hazard 000 -yew flood) include Zones A. AE. Al - A30, AH. AO. A99. V. VE and Certain areas not in Special Flood Hazard Areas may be protected by flood control structures. Boundaries of the floodways were computed at cross sections and interpolated between cross sections. The floodways were based on hydraulic considerations with regard to requirements of the Federal Emergency Management Agency. Floodway widths in some areas may be too narrov, to show to scale. Rafe( to Floodway Data Table where floodway width is shown at 120 inch. Coastal base flood elevations apply only landward of 0.0 NGVD, and include the effects of wave action; these elevations may also differ significantly from those developed by the National Weather Service for hurricane evacuation planning. Corporate fimits shown are current as of the date of this map. The user should contact appropriate community officials to determine if corporate limits have changed subsequent to the issuance of this map This map may incorporate approximate boundaries of Coastal Barrier Resource System Units and /or Otherwise Protected Areas established under the Coastal Barrier Improvement Act of 1990 .:PL 101-6.41) For community map revision history prior to countywide mapping, see Section 6.0 of the Flood Insurance Study Report. For adjoining map panels and base map source see separately printed Map !ndex. MAP REPOSITORY Refer to Repository Listing on Map Index EFFECTIVE, DATE OF COUNTW,dDE FLOOD INSURANCE BATF MAP: EFFECTIVE DATE(S) OF REVISIONIS) TO THIS PANEL: Rater to the FLOOD INSURANCE RATE MAP EFFECTNE DATE shc%vn on this map to determine when actuarial rates apply to swctures in zones where elevations or depths have been estabrisned. To determine if flood insurance is available, contact an insurance agent or call the National Flood Insurance Program at (800)6638-4620 APPROXIMATE SCALE IN FEET 500 0 500 NATIONAL FLOOD INSURANCE P8068RM� FIRM f1000 INSURANCE RATE MAP .ATA llATiTTT[1 U r REcENED POUT 1 � 1998 OCT 1 g 1998 OCT F M,faD crr_jONING CITY OF MERIDUN CITY OF MERIDIAN ORDINANCE NO. 805 AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED RURAL LOW DENSITY RESIDENTIAL DISTRICT (R-2); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to -wit: That portion of Lot 6 of the Onwiler Subdivision, according to the plat thereof filed in book 8 of plats at page 378, records of Ada County, Idaho described as follows: Commencing at the Northwest corner of the Northwest % of the Southeast '/ of Section 7, Township 3 North, Range 1 East, Boise Meridian marked by a brass capped monument; Thence North 89100'00" East, 1159.96 feet, along the north line of said Onwiler WILLIAM C. HUMPHREY ANNEXATION 1 AND ZONING ORDINANCE NO. 805 OF 1.81 ACRES TO R-2 Subdivision and the Northwest % of the Southeast % of said Section 7 to the True Point of Beginning marked by a " PK" nail and washer stamped PLS 6552; Thence South 00°00'00" West, 394.15 feet; Thence North 45124'00" East, 230.17 feet (Record 237.72') to a point on the east line of said Lot 6 being also the east line of said Northwest % of the Southeast % marked by a set 1/2" iron pin with plastic cap PLS 6552; Thence North 00102'51" East, 235.29 feet (Record North 239.58'), along said east line, to the Northeast corner of said Lot 6 being also the Northeast corner of said Northwest'/ of the Southeast % marked by a 5/8" iron pin; Thence South 89°00'00" West, 163.72 feet (Record 159.6'), along the north line of said Lot 6, to the True Point of Beginning. Said tract of land containing therein a calculated area of 1.18 acres more or less, includes all water and ditch rights appurtenant to or used in connection with the properties being sold or conveyed hereby and is subject to rights of way or easements of record or in use. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned City Rural Low Density Residential District SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. WILLIAM C. HUMPHREY ANNEXATION AND ZONING ORDINANCE NO. 805 OF 1.81 ACRES TO R-2 2 SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 7: The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State'of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63-2215 and §50- 223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of '1998. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of ,1998. MAYOR ATTEST: CITY CLERK 101998 -- Final WILLIAM C. HUMPHREY ANNEXATION 3 AND ZONING ORDINANCE NO. 805 OF 1.81 ACRES TO R-2 CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. 805, passed by the City Council of the City of Meridian, on the day of October, 1998, is a true and correct copy of the original of said document which is in the care, custody and control of the City Clerk of the City of Meridian. WILLILAM G. BERG, JR. STATE OF IDAHO, ) : ss. County of Ada, ) On this day of 6etaier, in the year 1998, before me, a Notary Public, appeared WIILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. (SEAL) Notary Public for Idaho Commission Expires:_ CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN MERIDIAN CITY COUNCIL MEETING: OCTOBER 20, 1998 APPLICANT: WILLIAM C. HUMPHREY ITEM NUMBER: 4 REQUEST: ORDINANCE #805 — ANNEXATION & ZONING OF 1.18 ACRES (R-2) AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. I PeBlvED MERIDIAN CITY.COUNCIL MEETING: OCTOBER 6 1998 OCT 0 6 1998 IDIAN APPLICANT: WILLIAM C. HUMPHREY ITEM NU CITY Ur &Z -& ZONING G REQUEST: ANNEXATION AND ZONING OF 1.18 ACRES TO R-2 AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES FROM P & Z CITY ENGINEER: CITY PLANNING DIRECTOR: CITYATTORNEY: SEE ATTACHED FINDINGS CITY POLICE DEPT: F CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. I b 2 r C, or, f�c,�rc h °` 10: CO prr ' MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE MacCoy: All in favor? MOTION CARRIED: All ayes. MacCoy: Approved and passed. Before we start this evening, I want to reiterate something that we started this summer because of the long meetings we've been having to live with. We ask that the presenters hold their comments to 15 minutes or less. If they need more, then they will have to ask for, the commissioners will decide if they should allow an extension. For those of you in the public, we have a time for you people. We'd like to have a time put in about five minutes, if you could hold it.at that. We'd appreciate that for keeping this meeting down to a reasonable- level and if somebody in the public is said what you planned to say, then there is no need for you to get up and it's already in the record and it's all in tape. We get a print out of that, so it's a requirement that everything is recorded from the public and we would like to keep the redundancy down if that's of all possible. If you have something special that you would like to add, you are free to come up and do that. I'm not trying to limit you from the stand point that nobody can speak except one. That's not what I'm saying. I'm saying lets kind of try to keep the meeting at a reasonable moving time period. For those of you that are here for one of these. I have a notice given to the commissioners here. This is from our counsel, he has said that on your agenda this evening, that the item #2 which was a Findings of Fact and Conclusions of Law for the Terra Townhouse Subdivisions, item #4 Findings of Fact and Conclusions of Law for Tina Carrico, item #5 Findings of Fact and Conclusions of Law for Mel Lacy, item #6 Findings of Fact and Conclusions of Law for the Troutner Business Park Development Corporation, all four of those even though we are here to hear Findings of Fact, we have none in our hands, the attorneys have not prepared them for us, so we can not pass on those this evening. So if you're here for any one of those, you are free to leave or stay and listen to everything else. I've also been informed just a few moments ago,'that item #11 and we'll take that a continued public hearing, that we still have not received the final on the ACHD material, but we will continue the public hearing anyway, but it will have to'be kept at this level until we receive those. Item #13 which is also a public hearing for John Biss, we have a problem with posting time, as well as no material from ACHD so that also will have to stay at this level. It's a public hearing, and we can entertain anybody that wants to talk on that at that time. With all that said, I'm going to start off with item #1. ITEM NO. 1: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF 1.18 ACRES (R-2) BY WILLIAM C. HUMPHREY FOR LAND LOCATED AT 939 E. PINE. MacCoy: Commissioners? , n MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE Borup: Mr. Chairman, I move the -Planning and Zoning Commission of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions of Law. Nelson: Second. MacCoy: Any discussion? Nelson: I have none. MacCoy: Commissioner Borup? Borup: Aye. MacCoy: Commissioner Byron Smith is absent.. Commissioner Mark Nelson? Nelson: Aye. MacCoy: Commissioner De Weerd? De Weer& Aye. MacCoy: Okay, make that comment for the record. We have all yeahs, a motion passed and a decision recommendation. Borup: Mr. Chairman, I move that the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve annexation and zoning that is stated in these Findings of Fact and Conclusions of Law for the property described in the application with the conditions set forth that the applicant be specifically required to meet all the ordinance of the City of Meridian specifically including the development agreement and that if the applicant isn't not agreeable with these Findings of Fact and Conclusions of Law and/or is not agreeable with entering into a development agreement, the property should not be annexed. De Weerd: Second. MacCoy: All in favor? r MOTION CARRIED: All ayes. MacCoy: All ayes, motion approved and passed. a (Inaudible) MERIDIAN PLANNING AND ZONING MEETING: September 8, 1998 APPLICANT: WILLIAM C. HUMPHREY ITEM NUMBER: 1 REQUEST: ANNEXATION AND ZONING OF 1.18 ACRES (R-2) AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES 08/11/98 CITY ENGINEER: CITY PLANNING DIRECTOR: t CITY ATTORNEY: SEE ATTACHED FINDINGS CITY, POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Laa4acr 4*1 GyL-Q-.,a&uL&- n 1 -, A-0 b, -Q- -�A CUCo - . Meridian Planning and Zoning Commission August 11, 1998 Page 3 s MacCoy: As we move down the agenda; then you can make a statement, and the commissioners can do what you wish to table it or move it forward or whatever you,want to do. Okay? Agreed? { Smith: Thanks. MacCoy: Okay starting off with the first part of our -meeting for our minutes is the previous meeting which was held on July 141h, 1998 in this room. Commissioners, what do you have to say about the minutes? Nelson: I have no changes. Smith: None. De Weed: No changes. MacCoy: What's your action? Smith: Mr. Chairman,A'd like to make a motion that we approve the minutes as written from our previous - are we approving both? MacCoy: No, we're doing one at a time. Smith: -- as written for our July 14th meeting. De Weerd: Second. MacCoy: All in favor? MOTION CARRIED: All ayes. MacCoy:. Now the minutes of the special meeting. De Weerd: Mr. Chairman, I'd like to move that we accept the minutes of the special, meeting held on July 22"d Smith: Second. MOTION CARRIED: All ayes. I ITEM NO. 1: CONTINUED PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 1.18 ACRES BY WILLIAM C. HUMPHREY FOR LAND AT 939 E. PINE: M Meridian Planning and Zoning Commission August 11, 108 Page 4 MacCoy: Is the applicant here?a v WILLIAM HUMPHREY 939 E. PINE WAS SWORN BY THE ASSISTANT CITY ATTORNEY. N, . Humphrey: I would.like to annex into the city of'Meridian and pretty mucF that's it. I've been here before one time. I was delayed by circumstances beyond my control, but I would like to proceed with the annexation.., Borup: Mr. Humphrey, you have reviewed the comments from staff and understand everything they are asking for. :Humphrey: Yes, I have. Borup: Okay, thank you. ,Smith: -Mr: Humphrey, I believe the first time you were, in here you had just discovered your.lot was in the flood plain? Humphrey: Yes, I did. r Smith: You were looking to build another structure on the lot. Humphrey: That's correct. Smith: That would still be owned by yourself. Humphrey: Yes. Smith: Is that still what your intention is? Humphrey: If possible, yes. Smith: But I believe your neighbor had mentioned something about he had supported -your application because he had adjacent property and there maybe some opportunity to merge those parcels together for some type of future development? Humphrey: I believe that's correct. Smith: Has there been any discussion with you and him about that? Humphrey: None whatsoever. A Meridian Planning and Zoning Commission August11, 1998 Page' . , De Weerd: Mr. Chairman I just wondered if staff had any comments on this. Okay thanks. MacCoy: Okay -thank you. This is a continued public hearing. Anybody here who would like to get up and make a statement at this time or a concern. I don't see any hands. Okay, we'll close the public hearing and commissioners? Smith: Mr. Chairman, I'd like to make a motion that we need to direct the city attorney to prepare Findings of Fact and Conclusions of Law on this item. Borup: Second. MacCoy: All in -favor? MOTION CARRIED: All'ayes. ITEM NO. 2: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR CONTRACTOR'S YARD BY DONOVAN HANSON: De Weerd: Mr. Chairman, I would like to move that the Meridian Planning and Zoning Commission hereby adopts and approves these Findings''of Fact and Conclusions of Law. Smith: Second. ROLL CALL VOTE: Borup, aye. De Weerd, aye. Smith, aye. Nelson, aye. MOTION CARRIED: All ayes. De Weerd: I'd like to move that the Meridian Planning and Zoning'Commission hereby recommends to the City Council of the City of Meridian that it approve the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the Findings, of Fact and Conclusions of Law or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, the fire and safety life codes, uniform fire code, parking requirements and the paving and landscaping requirements and all ordinances of the City of Meridian. The conditional use should be subject to review upon,notice to the applicant by the city. Smith: Second. MacCoy: All in favor? BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION 4 - THE THE CITY OF MERIDIAN ANNEXATION AND ZONING OF WILLIAM C. HUMPHREY 939 E. PINE MERIDIANJDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW i�EcE�D AUG 2 1 1998 CITE' OF NIERIDM The above entitled annexation and zoning application having come on for consideration on June 9, 1998, July 14, 1998 and continued to August 11, 1998, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing in person, and having duly considered the matter, the Planning and Zoning Commission makes the following: , FINDINGS OF FACT 1 That notice of public hearing on the annexation and zoning was published. for two (2) consecutive weeks prior to the said public hearing scheduled for June 9, 1998, July 14, 1998 and continued to August 11, 1998, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the June 9, 1998, and July 14 1998 hearings continued to August 11, 1998; that the public was given full opportunity to express comments and submit evidence; and that FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 1 WILLIAM C. HUMPHREY ANNEXATION/ZONING.R-2 ' r copies of all notices were available to newspaper, radio and television stations; 2. That the property, included in the application for annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is approximately 1.18 acres in size; it is in the northwest quarter, southeast quarter, Section 7, Township 3 North, Range 1 East, Boise -Meridian, Ada County, Idaho. 3. That the property is presently zoned by the county as R1 and the proposed use would be for R-2. 4. That the City of Meridian desires to annex and zone property to allow any development to be under the City's jurisdiction. 5. The general area surrounding the property is used agriculturally, and for some residential properties. 6. That the property is adjacent and abutting to the present City limits. w 7. The Applicant is the owner of the property and has requested the 'annexation. 8. That'the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 9. That the entire parcel of ground is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in ' the Meridian Comprehensive Plan. 10. William C. Humphrey, the Applicant, testified substantially as follows at the public hearing. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 2 WILLIAM C. HUMPHREY ANNEXATION/ZONING R-2 I 11. At the hearing June 9, 1998, William C. Humphrey was sworn in by the Assistant City Attorney. Mr. Humphrey noted that since his request for annexation, he has found out that his property is in the flood plain. He noted that while the project he had considered may no longer be an option, he needed time to look at alternatives. He noted that a month would be sufficient time to do so. 12. At the August 11, 1998 hearing, William C. Humphrey was sworn in by the Assistant City Attorney. Mr.. Humphrey requested to be annexed into the City of Meridian. He noted that he had"been previously delayed when he found out his property was in the flood plain. He acknowledged understanding of staff comments. He noted that he was still considering developing the lot in the future. 13. At the hearing June 9,,.1998, Mr. Wayne Forrey was sworn in by the Assistant City Attorney. Mr. Forrey noted that he and his wife are developing the land next to the Humphrey's and'supported Mr. Humpnrey's annexation. k 14. The Assistant to the City Engineer, Bruce Freckleton, and the Planning and Zoning., Administrator, Shari Stiles, submitted general comments and site specific comments. Their general comments and site specific comments are incorporated herein as if set forth in full. Their general comments included the following: a. The annexation description provided with this application appears to meet the- requirements of the State of Idaho Tax Commission, and the City of Meridian. b. Any existing irrigation/drainage ditches crossing the property, except the Five Mile Creek, shall be tiled per City Ordinance 11-9-605.M. Plans will need to`be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said -approval submitted to the Public Works Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 3 WILLIAM C. HUMPHREY..ANNEXATION/ZONING R-2 C. Any existing domestic wells and/or ,septic systems within this project will have to be: removed from,their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. ,,.. ,d. --City records indicate, that this residence is currently only being served the city water and trash collection services. Our records also indicate that double assessments for sewer service was paid in December of 1997. Billing records don't reflect the change in service to include sewer service, nor has a plumbing permit been issued., Has the residence been connected to the city sewer system yet? If so, was *a permit and inspection obtained by the State Plumbing Bureau? Their site specific comments included the following: F 4 a a. The Applicant currently resides in a 530 -square -foot home on the subject property. The Applicant got approval from the City of Meridian to hook up to sewer and paid his double assessment fee so he could build a new 1,765 - square -foot home. Ada County refused his request for a building permit because he plans to leave the existing barn on the site, and their ordinance requires that an accessory building be at or behind the setback for the principal dwelling unit. The Applicant is requesting annexation and zoning to enable him to get a building permit for a new *dwelling. The existing dwelling will be removed prior to a Certificate of Occupancy being issued for the new home. b. Five ,Mile Creek is designated as a multiple -use pathway in the Meridian Comprehensive Plan. A development agreement could be required as, a condition of annexation outlining specific; details of future pathway plans; however, a simple deed restriction would probably be just as effective due -to the nature of this development. 15. The Nampa & Meridian Irrigation District commented that the Five Mile Drain courses along the east boundary of the project. The District's right-of-way on the Five Mile., Drain is 100 feet; 50 feet from the center each way. See Idaho Code 42 -1208 - RIGHTS -OF -WAY NOT SUBJECT TO ADVERSE POSSESSION. This is a contract drain with the Bureau of Reclamation, contact John Caywood at 344-1141 for their right - FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 4 WILLIAM C. HUMPHREY ANNEXATION/ZONING R-2 of -way easement. ' The developer must contact Jon P. Anderson or Bill Henson at 466- 0663 for approval before any encroachment or change of right-of-way occurs. The Nampa & Meridian Irrigation District requires a Land Use Chande/Site Development application be filed for review prior to final platting. All laterals and waste ways must be protected. All municipal 'surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. Contact Donna Moore at 466=7861 for further information. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. 16. That the property is serviced with City water and sewer. 17. That the (R-2), Rural Low Density Residential District is described in the Zoning Ordinance, 11-2-408 B. 1 as follows: (R-2) Rural Low Density Residential District - The purpose of the (R-2) District is to permit the establishment of rural low density single-family dwellings, and to delineate those areas where predominately rural residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of rural residential areas by prohibiting the intrusion of incompatible non-residential uses. The (R-2) District allows for a maximum of two (2) dwelling units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian: 18. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission were given and followed. 19. There was no further testimony at the hearing. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 5 WILLIAM C. HUMPHREY ANNEXATION/ZONING R-2` Y 9 r _ CONCLUSIONS 1. ; ;That all the procedural _requirements of the Local Planning Act and of the .Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within.300 feet of the external boundaries of the Applicant's property. 2: That.the City of Meridian has authority to.annex land pursuant to 50-222, Idaho Code; and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a Legislative function. -3. ,That the Planning and Zoning Commission has judged this annexation and zoning application under Section 50-222, Idaho Code, Title 67, Chapter 65, „Idaho Code, the Meridian City Ordinances,.the Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the Applicant, the City of Meridian, has initiated the annexation application. B. That since the annexation and zoning of land is a legislative function, the FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 6 WILLIAM C. HUMPHREY ANNEXATION/ZONING R-2 City, has authority to place conditions upon the annexation of land. 9. That. the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616 which pertains to development time schedules and requirements; that the Applicant will be required to connect to Meridian water and sewer. 10. That proper and adequate access to the property is available and will have to be maintained. 11. It is concluded that the development is an R-2 type development and should be zoned in that fashion. 12. Therefore, based on the Application, these Findings of Fact and Conclusions of Law, and the Ordinances of the City of Meridian, it is ultimately concluded that the Applicant's property should be annexed and zoned R-2 and all representations shall be met; that the conditions should be those stated above and upon issuance of final platting and other conditions to be explored at the City Councif'level; that such annexation would be orderly development and reasonable if the{conditions are met. 13. That any requirements from the Nampa & Meridian and Settlers Irrigation Districts shall be met as well as any requirements of the Bureau Reclamation and the City Engineer. 14. With compliance of the conditions contained herein, the annexation and zoning would be in the best interest of the City.of Meridian. 15. That if the conditions of approval are not met the property shall be subject to de -annexation. FINDINGS*OF FACT AND CONCLUSIONS OF LAW - PAGE 7 WILLIAM C. HUMPHREY ANNEXATION/ZONING R-2 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Planning and Zoning Commission of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER KEITH BORUP COMMISSIONER BYRON SMITH COMMISSIONER MARK NELSON COMMISSIONER MALCOLM MacCOY COMMISSIONER DeWEERD VOTED VOTED A VOTED VOTED---- VOTED OTED"— VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning as stated in these Findings of Fact and Conclusions of Law for the property described in the application with the conditions set forth. That the Applicant be specifically required to meet all of the Ordinances of the City of Meridian, specifically including the development agreement; that if the Applicant is not agreeable with these Findings of Fact and Conclusions of Law and/or is not agreeable with entering into a development agreement, the property should not be annexed. MOTION: APPROVED: DISAPPROVED: 8/20/98 -- DRAFT FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 8 WILLIAM C. HUMPHREY ANNEXATION/ZONING R-2 w MERIDIAN PLANNING & ZONING COMMISSION MEETING: AUGUST 11, 1998 APPLICANT: WILLIAM C. HUMPHREY AGENDA ITEM NUMBER: 1 q REQUEST:ANNEXATION &'ZONING OF 1.18 ACRES —939 E. PINE a AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES FROM 7/14/98 CITY ENGINEER: m F 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: E BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. , MERIDIAN PLANNING AND ZONING COMMISSION JULY 14, 1998 PAGE 9 MOTION CARRIED: All aye. ITEM #9 CONTINUED PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 1.18 ACRES (R-2) BY WILLIAM C HUMPHREY FOR LAND LOCATED AT 939 E. PINE. MacCoy: Is the applicant here this evening? This is still an open hearing, is there anybody who wants to comment on this, this evening. A R-2 is a housing thing, a thing to do with acreage. I want to give you a key piece from our staff over there. Bruce, would you answer that for the code. Freckleton: R-2. MacCoy: R-2. Freckleton: Mr. Chairman, R-2, two units per acre. MacCoy: Residential, right? Freckleton: Yes. MacCoy: Does that answer your question? Is there any other comments in the audience? Any other person who wants to stand up and make a statement? Smith: Mr. Chairman. MacCoy: Yes Mr. Smith. Smith: I believe the applicant at the last hearing testified that he had just discovered that his land was in the flood plain and he wasn't sure if he was going to develop it or not and ask for a continuance which we did and I would like to move this along and either give him the opportunity to be heard before the Planning and Zoning Commission or if he wants to have it withdrawn and off the agenda for next months meeting and have the city staff contact the applicant and continue the public hearing till next months meeting until we know what the applicant desires to do. Borup: I second that. Smith: I would like to make a motion we continue this item till our August 11 meeting and ask city staff to contact the applicant. Borup: Second. MOTION CARRIED: All aye. MERIDIAN PLANNING & ZONING COMMISSIOWMEETING: JULY 14, 1998 APPLICANT: WILLIAM fff HUMOHREY-4, AGENDA ITEM NUMBER: 9 REQUEST: ANNEXATION"& ZONING OF 1.18 ACRES - 939 E. PINE AGENCY, jv. COMMENTS CITY CLERK: ; p SEE ATTACHED MINUTES FROM 6/9/98 CITY ENGINEER: CITY PLANNING DIRECTOR: CITY, ATTORNEY:' CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: e, MERIDIAN SCHOOL DISTRICT: n MERIDIAN POST OFFICE: A ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: I CENTRAL DISTRICT. HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST:' I INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public m6etir gs shall become property of the City of Meridian. fi f PLANNING AND ZONING COMMISSION JUNE 9, 1998 PAGE 45 MacCoy: Any; discussion? All in favor? MOTION CARRIED: All ayes. IT ITEM, ITEM,NO. 15: -PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 1.18 ACRES BY WILL -IAM C HUMPHREY FOR 939 E� PINE: , .. ei, MacCoy::Is Mr. Humphrey here? Okay.would,you come forward please? While he's walking forward, we'Il,open thq�public hearing._ WILLIAM C. HUMPHREY, 939 E: -PINE WA&SWORN BY THE CITY ATTORNEY. Humphrey:, I just request annexation for the purpose of building a family dwelling to enhance my family's living. At which time I found out within the last two days that this is,pretty, much:all for not'at1his time because of the fact that hearing from the hydrologist i do live in a flood plain there, and it doesn't seem like this is going to be able to_work,because of the flood plain. Prior: Are you,withdrawing your request? Humphrey:,, Well, no. Not really, I just at this time it doesn't seem like I'm going to be able to proceed with my plans. The annexation is going to be inevitable anyway someday, I'm sure., This';is the,second hearing I've been to on this. I've already applied fortallthe, permits,, sewer, water; trash is -there, everything is, E there. It's just at this --point, I'm kind ,of stymied right'now. I don't know.which,way to go. MacCoy: Mr. Prior; do .you: have any comments on this at this point? Prior: Specifically in,what. regards? ;Well, 1 °mean jf he"wants`to try to annex the property, it's not going to affect the fact that he's not going to be able to do it, and it's,a separate issue. ,I'm just saying athat if,he'snot planning.on doing anything with it — Humphrey:, Well, at thisitime it doesn't look like I really have a--:-,.,, Prior:_ It could bean°expensive proposition'to comply with all the -requirements' I haven't had a chance to go through them all, but you may want to reconsider this and hold off until maybe you have something more — Humphrey:, -If I could reconsider -and approach`the council and"the. commission at another time when things develop differently, that would probably — PLANNING AND ZONING COMMISSION JUNE 9, 1998 PAGE 46 Prior: That may require that you would have to reapply. We can table this item if you would like to do that. I got you, Shari. We can table this item if you'd like, and we can table it for short period of time, but we cannot table this indefinitely. I mean we can't keep having this on the agenda tabled for the next six eight months. If you are requesting that we table consideration of this item at this point, obviously the commission can take that under advisement and — well, you don't want to continue the public hearing. I think we want to table it actually, do we not? Because he doesn't want it considered. He doesn't want it open for another public hearing next time. He wants — we can close the public hearing, we table it and then at some later time reconsider. I believe that would be the appropriate — Smith: Which is reopen the public hearing. Prior: Well, you can't do that then. Smith: So, what's the difference between continuing and tabling something? Nelson: Access to the public hearing. Berg: Yes, when you continue the public hearing, which is in the best interest, you are keeping the public hearing open. And whatever information is gathered from time to time is contained for that hearing and for your decision. When you table it; you're stopping all the information from coming forth and he may have some vital information or some comments to some specific issue that our staff's comments have been addressed. Prior: But by continuing it, we're keeping it on the agenda at least - Smith: By tabling it, we're basically just delaying our decision. Prior: So he can testify`at this time and we can make the determination whether we want to table or "continue based on whether we want to allow any further information entered into this thing. What I'm saying is if we table it though, we can table it indefinitely. We continue it. This thing will be on the agenda next week as a continued public hearing, and — Smith: But we're only required to continue it to a date certain, right? We don't have to continue it to next week. We can continue it until next month. Prior: Correct. Smith: And if I understand you correctly, you want to do a°little more research, find out what the implications are of you building in the flood plain, what the PLANNING AND ZONING COMMISSION JUNE 9, 1998 PAGE 47 ramifications are of what you are going to have to do with the structure and so forth to meet the county requirements or whatever of constructing in a flood plain. Humphrey: It would be (inaudible) whatever they determine. I have an option that I will be researching. So apparently if we do table this and I will be able to come back and if that does -bring some enlightenment to this situation, then I can present it at that time. Smith: Okay, well, it sounds like to me what we want to do is continue this public hearing, so I would like — when is our July meeting? De Weerd: Will you have the information by July? Humphrey: i hope. I may have it as soon as tomorrow. MacCoy: I think the question is do you want one month or do you want it two months? Humphrey: One month would be more than sufficient. I could know as soon as tomorrow. MacCoy: Okay, so when we get ready to do it, one month would be okay. Anything else you want to add to this? Humphrey: Not at this time. MacCoy: Okay, I'll ask anybody here that would like to make any comment? WAYNE FORREY 3045 THAN PLACE, BOISE WAS SWORN BY THE CITY ATTORNEY. Forrey: Members of the commission, my wife, Karen and I are developing property immediately east of Mr. Humphrey, and I learned tonight about his unfortunate situation in the flood plain, but I came to testify in favor and support of the annexation, and I hope Mr. Humphrey can work that out. I do have some flood plain information because we're developing next door, and I'll share that with Mr. Humphrey and give support what I can, but we wanted to testify in favor or that location. I hope he gets annexed. MacCoy: Okay, thank you, Wayne. Anyone else would like to make a comment? All right. Any comments from the commission? What do you want to do? Smith: Mr. Chairman, I would like to make a motion that we continue this public hearing until our July 14th commission meeting? PLANNING AND ZONING COMMISSION JUNE 9, 1998 PAGE 48 Nelson: Second. MacCoy: Any discussion? All in favor? MOTION CARRIED: All ayes. ITEM NO. 16: R C WILLEY SITE PLAN REVIEW BY CSHQA — EAGLE & FRANKLIN ROAD: MacCoy: Do you want to swear him in for anything? Prior: I will swear at him if you want. MacCoy: No, shut up John. Prior: Well, you're getting the hang of it. MacCoy: You can step up to the podium and give us your presentation. Lowe: My name is Jerry Lowe. I'm with CSHQA Architects, and I'm here representing R C Willey. R C Willey is a major home furnishings company based in Salt Lake City. They have several store in that area. They are a very sizable firm, and they purchase land on the corner of Franklin and Eagle. A 22 acre site, and they would like to construct (inaudible) and 50,000 square foot (inaudible). Eagle Road north up this way Franklin Road on the corner. If you're familiar with this site, the site drops off pretty significantly from Franklin Road to the north, there's about a 15 to 18 foot drop from the street and about a hundred feet, so it drops off and then it's pretty level. There's a railroad track that borders and then Evan's drain borders the north side of the property, and this was part of the previously submitted preliminary plat for 64 acres plus or minus to the east. This is about 22 acres. The agreement between R C Willey and the previous owner, Ron Van Auker, was to allow access from Eagle Road through the property to the Van Auker's property to the east. The only permitted access off of Eagle is an alignment with Lanark Street, and in order to optimize a use of this site, we've routed a road which will be built to ACHD standards around the perimeter and then connect back up on Franklin Road right along the property. We're proposing that we construct half the street on Willey's site and half the street on Van Auker's property per their agreement, the sales agreement. By default because of the requirement to align Lanark with the alignment across the street, we've ended up with a piece of property that really Willey had no intention of developing anything more on this site. We've ended up with a small piece of land here that has the potential for future development, but there's no plans at this time of what that might be or how it will be handled. The site, in order to maximize visibility, where (inaudible) the building towards the intersection of i, MERIDIAN PLANNING AND ZONING MEETING: September 8, 1998 APPLICANT: WILLIAM C. HUMPHREY ITEM NUMBER: 1 REQUEST: ANNEXATION AND ZONING OF 1.18 ACRES (R-2) AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES 08/11/98 CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: SEE ATTACHED FINDINGS CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Meridian Planning and Zoning Commission August 11, 1998 Page 3 MacCoy: As we move down the agenda, then you can make a statement, and the commissioners can do what you wish to table it or move it forward or whatever you want ,to-do. Okay? Agreed?, F 4 Smith: Thanks. MacCoy: Okay starting off with the -first part of our meeting for our minutes is the previous meeting which was held on July 14th, 1998 in this room. Commissioners, what do you have to say about the minutes? Nelson: I have no changes. Smith: None. De Weed: No changes. MacCoy: What's your action? Smith: Mr. Chairman, I'd like to make a motion that we approve the minutes as written from our previous — are we approving both? MacCoy: No, we're doing one at a time. , Smith: -- as written for our July 14th meeting. De Weerd: Second. MacCoy: All in favor? MOTION CARRIED: All ayes. MacCoy: Now the minutes of the special meeting. De Weerd: Mr. Chairman, I'd like to move that we accept the minutes of the special meeting held on July 22"d Smith: Second. MOTION CARRIED: All ayes. ITEM NO. 1: CONTINUED PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 1.18 ACRES BY WILLIAM C. HUMPHREY FOR LAND AT 939 E. PINE: Meridian Planning and Zoning Commission August 11, 1998 Page 4 MacCoy: Is the applicant here? WILLIAM HUMPHREY 939 E. PINE WAS SWORN BY THE ASSISTANT CITY ATTORNEY. Humphrey: I would like to annex into the city of Meridian and pretty much that's it. I've been here before one time. I was delayed by circumstances beyond my control, but I would like to proceed with the annexation. Borup: Mr. Humphrey, you have reviewed the comments from staff and understand everything they are asking for. Humphrey: Yes, I have. Borup: Okay, thank you. Smith: Mr. Humphrey, I believe the first time you were in here you had just discovered your lot was in the flood plain? Humphrey: Yes, I did. Smith: You were looking to build another structure on the lot. Humphrey: That's correct. Smith: That would still be owned by yourself. Humphrey: Yes. Smith: Is that still what your intention is? Humphrey: If possible, yes. Smith: But I believe your neighbor had mentioned something about he had supported your application because he had adjacent property and there maybe some opportunity to merge those parcels together for some type of future development? Humphrey: I believe that's correct. Smith: Has there been any discussion with you and him about that? Humphrey: None whatsoever. Meridian Planning and Zoning°Commission August 11, 1998 Page 5 De Weerd: Mr. Chairman I just wondered if staff had any comments on this. Okay thanks. MacCoy: Okay thank you. This is a continued public hearing. Anybody here who would like to get up and make a statement at this time or a concern. I don't see any hands. Okay, we'll close the public hearing and commissioners? Smith: Mr. Chairman, I'd like to make a motion that we need to direct the city attorney to prepare Findings of Fact and Conclusions of Law on this item. Borup: Second. MacCoy: All in favor? MOTION CARRIED: All ayes. ITEM NO. 2: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR CONTRACTOR'S YARD BY DONOVAN HANSON: be Weerd: Mr. Chairman, 1 would like to move that the Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions of Law. Smith: Second. ROLL CALL VOTE: Borup, aye. De Weerd, aye. Smith, aye. Nelson, aye. MOTION CARRIED: All ayes. De Weerd: I'd like to move that the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, the fire and safety life codes, uniform fire code, parking requirements and the paving and landscaping requirements and all ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the applicant by the city. Smith: Second. MacCoy: All in favor? I BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION THE CITY OF MERIDIAN ANNEXATION AND ZONING OF WILLIAM C. HUMPHREY 939 E. PINE MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW REcErvED AUG 2 4 1998 CITE' OF MERIDIAN ' The above entitled annexation and zoning application having come on for consideration on June 9, 1998, July 14, 1998 and continued to August 11, 1998, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing in person, and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for.. June 9, 1998, July 14, 1998 and continued to August 11, 1998, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the June 9, 1998, and July 14 1998 hearings continued to August 11, 1998; that the public was given full opportunity to express comments and submit evidence; and that FINDINGS OF FACT AND CONCLUSIONS OF LAW - WILLIAM C. HUMPHREY ANNEXATION/ZONING R-2 PAGE 1 copies of all notices were available to newspaper, radio and television stations; 2. That the property included in the application for annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is approximately 1.18 acres in size; it is in the northwest quarter, southeast quarter, Section 7, Township 3 North, Range 1 East, Boise -Meridian, Ada County, Idaho. 3. That the property is presently zoned by the county as R1 and the proposed use would be for R-2. 4. That the City of Meridian desires to annex and zone property to allow any development to be under the City's jurisdiction. 5. The general area surrounding the property is used agriculturally, and for some residential properties. 6. That the property is adjacent and abutting to the present City limits. 7. The Applicant is the owner of the property and has requested the annexation. 8. That'the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 9. That the entire parcel of ground is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 10. William C. Humphrey, the Applicant, testified substantially as follows at the public hearing. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 2 WILLIAM C. HUMPHREY ANNEXATION/ZONING R-2 11. At the hearing June 9, 1998, William C. Humphrey was sworn in by the Assistant City Attorney. Mr. Humphrey noted that since his request for annexation, he has found out that his property is in the flood plain. He noted that while the project he had considered may no longer be an option, he needed time to look at alternatives. He noted that a month would be sufficient time to do so. 12. At the August 11, 1998 hearing, William C. Humphrey was sworn in by the Assistant City Attorney. Mr. Humphrey requested to be annexed into the City of Meridian. He noted that he had been previously delayed when he found out his property was in the flood plain. He acknowledged understanding of staff comments. He noted that he was still considering developing the lot in the future. 4 13. At the hearing June 9, 1998, Mr. Wayne Forrey was sworn in by the Assistant City Attorney. Mr. Forrey noted that he and his wife are developing the land next to the Humphrey's and supported Mr. Humpnrey's annexation. 14. The Assistant to the City Engineer, Bruce Freckleton, and the Planning and Zoning Administrator, Shari Stiles, submitted general comments and site specific comments. Their general comments and site specific comments are incorporated herein as if set forth in full. Their general comments included the following: a. The annexation description provided with this application appears to meet the requirements of the 'State of Idaho Tax Commission, and the City of Meridian. b. Any existing irrigation/drainage ditches crossing the property, except the Five Mile Creek, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said -approval submitted to the Public Works Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW - I PAGE 3 WILLIAM C. HUMPHREY ANNEXATION/ZONING R-2 C. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 3 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. d. City records indicate that this residence is currently only being served the city water and trash collection services. Our records also indicate that double assessments for sewer service was paid in December of 1997. Billing records don't reflect the change in service to include sewer service, nor has a plumbing permit been issued. Has the residence been connected to the city sewer system yet? If so, was a permit and inspection obtained by the State Plumbing Bureau? Their site specific comments included the following: a. The Applicant currently resides in a 530 -square -foot home on the subject property. The Applicant got approval from the City of Meridian to hook up to sewer and paid his double assessment fee so he could build a new 1,765 - square -foot home. Ada County refused his request for a building permit because he plans to leave the existing barn on the site, and their ordinance requires that an accessory building be at or behind the setback for the principal dwelling unit. The Applicant is requesting annexation and zoning to enable him to get a building permit for a new dwelling. The existing dwelling will be removed prior to a Certificate of Occupancy being issued for the new home. b. Five Mile Creek is designated as a multiple -use pathway in the Meridian Comprehensive Plan. A development agreement could be required as a condition of annexation outlining specific details of future pathway plans; however, a simple deed restriction would probably be just as effective due to the nature of this development. 15. The Nampa & Meridian Irrigation District commented that the Five Mile Drain courses along the east boundary of the project. The District's right-of-way on the Five Mile Drain is 100 feet; 50 feet from the center each way. See Idaho Code 42 -1208 - RIGHTS -OF -WAY NOT SUBJECT TO ADVERSE POSSESSION. This is a contract drain with the Bureau of Reclamation, contact John Caywood at 344-1141 for their right - FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 4 WILLIAM C. HUMPHREY ANNEXATION/ZONING R-2 of -way easement. ' The developer must contact Jon P. Anderson or Bill Henson at 466- 0663 for approval before any encroachment or change of right-of-way occurs. The Nampa & Meridian Irrigation-Disticfs requires a Land Use Change/Site Development application be filed for reviewprior to final platting." All laterals and waste ways must be protected. All municipal'surface drainage must be retained'on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. Contact Donna Moorezt 466-7861'for further information. The -developer must comply witheldaho Code 31:=3805. It is -recommended that irrigation waterfbe made �availableao all'.developments within the Nampa & Meridian Irrigation District. 16. That the property is serviced with Cityrwater and sewer. N 17: That the (R-2),. Rural Low Density,, Residential District is described 'in the Zoning Ordinance, 11-2-408 B.-1 as -follows: (R-2) Rural Low Density Residential District - The -purpose of the (R-2) District`is'to permit the establishment of rural low density single-family dwellings, and to delineate those'areas where predominately rural residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of rural residential `areas by prohibiting the intrusion.of'incompatible non-residential uses. The (R-2) District allows for a maximum of two (2) dwelling .units per acre and 'requiresconnection.to the`Municipal Water -and Sewer systems of the City of Meridian. 18. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission were given and followed. 19. There was no further testimony at the hearing. 3 5 e FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 5 WILLIAM C. HUMPHREY ANNEXATION/ZONING R-2 CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That.the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a Legislative function. 3. That the Planning and Zoning Commission has judged this annexation and zoning application under Section 50-222, Idaho Code, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, the Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the Applicant, the City of Meridian, has initiated the annexation application. 8. That since the annexation and zoning of land is a legislative function, the FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 6 WILLIAM C. HUMPHREY ANNEXATIONIZONING R-2 City has authority to place conditions upon the annexation of land. 9. That- the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616 which pertains to development time schedules and requirements; that the Applicant will 'be required to connect to Meridian water and sewer. 10. That proper and adequate access to the property is available and will have to be maintained. 11. It is concluded that the development is an R-2 type development and should be zoned in that fashion. 12. Therefore, based on the Application, these Findings of Fact and Conclusions of Law, and the Ordinances of the City of Meridian, it is ultimately concluded that the Applicant's property should be annexed and zoned R-2 and all representations shall be met; that the conditions should be those stated above and upon issuance of final platting and other conditions to be explored at the City Council level; that such annexation would be orderly development and reasonable if the conditions are met. 13. That any requirements from the Nampa & Meridian and Settlers Irrigation Districts shall be met as well as any requirements of the Bureau Reclamation and the City Engineer. 14. With compliance of the conditions contained herein, the annexation and zoning would be in the best interest of the City of Meridian. 15. That if the conditions of approval are not met the property shall be subject to de, -annexation. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 7 WILLIAM C. HUMPHREY ANNEXATION/ZONING R-2 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Planning and Zoning Commission of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER KEITH BORUP COMMISSIONER BYRON SMITH COMMISSIONER MARK NELSON COMMISSIONER MALCOLM MacCOY COMMISSIONER DeWEERD VOTED VOTED VOTED VOTED VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning as stated in these Findings of Fact and Conclusions of Law for the property described in the application with the conditions set forth. That the Applicant be specifically required to meet all of the Ordinances of the City of Meridian, specifically including the development agreement; that if the Applicant is not agreeable with these Findings of Fact and Conclusions of Law and/or is not agreeable with entering into a development agreement, the property should not be annexed. MOTION: APPROVED: 8/20/98 -- DRAFT FINDINGS OF FACT AND CONCLUSIONS OF LAW - WILLIAM C. HUMPHREY ANNEXATION/ZONING R-2 DISAPPROVED: PAGE 8 SUSAN S. EASTLAKE, President GARY E. RICHARDSON, Vice President SHERRY R. HUBER, Secretary June 11, 1998 William and Valynne_Humphreyd 939 East Pine Avenue Meridian, Idaho 83642 Re: Staff Level Approvals MA -04-98 939 East Pine Avenue R-1 to R-2 Facts and Findings: A. The Ada County Highway District (ACHD) staff has reviewed the above referenced application requesting annexation into the City of Meridian with a`rezone from R-1 to R-2. The 1.18 -acre site is located on the south side of Pine Avenue approximately 1,7.00 -feet west of Locust Grove Road. This development is,estimated'to generate less,than 100 vehicle trips per `day based on the Institute of Transportation Engineers Trip Generation manual. B. The application and site plan stamped as received by Meridian City on May 18, 1998, and submitted to the District on May 22, 1998, have been reviewed by'the ACHD Planning and Development staff and conforms to applicable District standards/policy, or can be made to conform with the change(s) to the plan described in the requirements stated below. This is a staff level approval and will not be heard by the ACHD Commission unless the site plan is changed in such a manner as to not conform with District standards/policy or an appeal of the Development Services staff decision is submitted as described within the Standard Requirements outlined below. If the rezone is approved and the District receives a development proposal, the District intends to provide the following recommendations, in addition to any additional recommendations that may apply upon District review of future development to the Meridian City: Site Specific Requirements: 1. Dedicate 33 -feet of right-of-way from the centerline of !Pine Avenue' abutting, the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will be compensated for any additional right-of-way from available impact fee revenues in this benefit zone. If the owner wishes to be paid for the additional right-of-way, the owner must ada county highway district 318 East 37th • Boise, Idaho 83714-6499 Phone (208)-387-6100 • FAX (208) 345-7650 • E-mail: tellus@achd.ada.id.us submit a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. 2. Provide a recorded cross access easement for the parcel to the west to use this parcel for access to the public streets prior to issuance of a building permit (or other required permits). The District intends to require a similar agreement of the owners of the parcel to the west if they are the subject of a future development application. 3. Construct a 5 -foot wide concrete sidewalk on Pine Avenue abutting the parcel located 2 -feet within the new right-of-way. 4. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file number) for details. 5. Access to the site shall be reviewed upon further development of the site. 6. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. Standard Requirements: 1. This decision of the Planning and Development Supervisor may be appealed to the Ada County Highway District Commission by the applicant or by another party within 15 calendar days from the date of this report. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity The request will be heard by the District Commission at an evening meeting within 20 calendar days of the District's receipt of the appeal letter. The appellant will be notified of the date and time of the Commission meeting. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within two days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of it's original decision. The requesf 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. MA0498.SLA Page 2 4. All design and construction shall be in accordance with the A;da-Couniy Highway District Policy Manual, ISPWC Standards and approved supplements,�Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. 5. The applicant shall submit revised plans for'staff approval, prior to issuance of building permit - (or other, required, permits), which incorporates any require&design changes. i y a 6. Construction, use and property development shall be in conformance ;with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. Any change by the applicant in the planned use of the property which is the subject of this ~- application, shall require the;applicant to comply with all rules, regulations, ordinances, plans,. or other,. regulatory and, legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance 'ofof said requirements or other legal relief is granted pursuance' to the law°ineffect at the,time the,change in'use is sought. 8. No change in -the terms and conditions of this approval shall be valid unless they `are in writing) { and signed by, the applicant or, the applicant's authorized representative and an authorized representative�of the -Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District.',, Conclusion of Law: 1. ACHD requirements are, intended -to assure that the proposed use/development will not place an undue burden on the existingvehicular and pedestrian transportation system within the vicinity impacted by the proposed development. F Should,you have any questions or. comments, please contact the ACHD Planning and Development staff at 387-6170. F Sincerely, i Planning nd Development Supervisor k , t a -cc: Project file Lead agency 1 E MA0498.SLA Page 3 F a s } F a e } E MA0498.SLA Page 3 F a s } F a W f'- • I a R 4 soon LO r `V W 1 LL —77 1-7 ZZI v •r' _ �. i'. ry<^J.sG r4�e_' �Lr i�• \`ti�O �� �jZG y • 0 4 •L 0 IV • w �. tin � �.. J '^ e � ``_' •y 'r_.... s•sNrrti J � btu y " M QAl �7 n _ )q4 JS., 1 , i I •!wi 1lli + Ao• rs< r a•irr i °r 1 _....__..__._....__. .._. _.— _.... .__•-- v H19 -3 a� W b ai E0 3Jdd ZiOS53SSd VQa 6ZZZb9E80Z 0Z:60- L66I/80/60 �Nhppo Z � Na �2' n � �0Ot InY O LIC �°.��'� i i^+ e $i,�.,o`Wb 0= a Q V oQ3�Y gr yVUW �2 a 016N Iv O V+Ii 0.O a� SIA �wOv CO �c°ti 4.1 lu � Ze 4; � a �l1 4 � so3bo cz o: J m o \ s g i CJ q� H a 9 p Q = F C liJ N �Y�3 W a U �1 clOW�VW1 I � S 1,J00 �.0 0 0 x 22W N'J �CNy Y I I w"Lq,Otr 'Ofd .03ALins � 3Q ca ce Q p� W 0 u Npllr�01 3[►rpXpyd� j \ 1 \ \ LJ O 'Ll`r w I lo, -f-, _ v W � 1 v y u 0 MERIDIAN PLANNING`& ZONING COMMISSION MEETING: JUNE 9, 1998 APPLICANT: WILLIAM C. HUMPHREY AGENDA ITEM NUMBER: 15 REQUEST: ANNEXATION & ZONING OF 1.18 ACRES (R-2) AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: REVIEWED CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: . AII•Materials presented at public meetings shall become property of the City of Meridian. e HUB OF TREASURE VALLEY Mayor LEGAL DEPARTMENT XOREPTD, CORRIE A Good Place to Live (208) 884-4264 Council Members CITY. OF MERIDIAN PUBLIC WORKS BUILDING DEPARTMENT HARLES ROUNTREE., 33 EAST IDAHO. GLENN BENTLEY ' MERIDIAN, IDAHO 83642 (208) 887-2211 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING DEPARTMENT KEITH BIRD C"IM'f_"D (208) 884-5533 g Q JUN 0 2 1998 MEMORANDUM: „i~ fIF MERIDIAN June 1, 1998 To: `" 'Planning &"Zoning Commission, Mayor, & City Council a �z From: "# Bruce` Freckleton Assistant to City Engineer' .. Shari Stiles, P&Z A' dmuustrator Re: Request for` Annexation 'and Zoning of 1:18 Acres to R-2 by William C. Humphrey We have reviewed this' submittal and "offer the -following comments; is conditions of the application. th si conditions -shall `be considered in full, unless -expressly modifiedor deleted by motion of the Meridian City Council _ GENERAL COMMENTS 1. The annexation description provided with this application appears to meet the requirements of the State of Idaho Tax Commission, and the City of Meridian. 2. Any existing irrigation/drainage ditches crossing the property, except the Five Mile Creek, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confunmation of said approval submitted to the Public Works Department. 3. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 4. City records indicate that this residence is currently only being served by city water and trash collection services. Our records also indicate that double assessments for sewer service was paid in December of 1997. Billing records don't reflect the change in service to include sewer service, nor has a plumbing permit been issued. Has the residence been connected to the city sewer system yet? If so, was a permit and inspection obtained by the State Plumbing Bureau? >=p>MAZ r-- P&Z Commission, Mayor & City Council June 1, 1998 Page 2 f. SITE SPECIFIC COMMENTS , 1 'Me Applicant currently resides in a 530 -square -foot home on the subject property. The Applicant got approval from the City of Meridian to hook up to sewer and paid.his double assessment fee so he could build a new 1,765 -square -foot home. Ada County refused his request for a building permit because he plans to leave the existing barn on the site, and their ordinance requires that an accessory building be at or behind the setback for the principal dwelling unit. The Applicant is requesting annexation and zoning to enable him to get a building permit for a new dwelling. The existing dwelling will be removed prior to a Certificate of Occupancy being issued "for the new home. 2. Five Mile Creek is designated as a multiple -use pathway in the Meridian Comprehensive Plan. A development agreement could be required as a condition of annexation outlining specific details of future pathway plans; however, a simple deed restriction would probably be just as effective due to the nature of this development., ,,,, 'E E hwnphWAZ 1 June 1998 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 REcEwED J U N - 5 1998 CITY OF MERIDIAN '�ur�t 8t 'niF�ldcitctct %vii fuMW I)WtCCt 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 RE: Annexation & Zoning of 1.18 Acres - William C. Humphrey Dear Commissioners: Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 The Fivemile Drain courses along the east boundary of the project. The District's right-of-way on the Fivemile Drain is 100 feet; 50 feet from the center each way. See Idaho Code 42 -1208 -- RIGHTS-OF-WAY NOT SUBJECT TO ADVERSE POSSESSION. This is a contract drain with the Bureau of Reclamation, contact John Caywood at 344-1141 for their right-of-way easement. The developer must contact John P. Anderson or Bill Henson at 466-0663 for approval before any encroachment or change of right-of-way occurs. The Nampa & Meridian Irrigation District requires a Land Use Change/Site Development application be filed for review prior to final platting. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. Contact Donna Moore at 466-7861 for further information. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Sincerely, A�161-1��� Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln CC., File - Shop File - Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 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 June 9, 1998, for the purpose of reviewing and considering the application of William C. Humphrey, for annexation and zoning of approximately 1.18 acres of land located in the NW % SE % of Section 7, T.3 - N,, R1 E., Boise Meridian, Ada County, Idaho, and which property is generally located at 939 E. Pine. The Application requests a zone of R-2. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony Dated this 18th day of May, 1998. WILLIAM G. BERG, JR., CLERK fi3O�ti;Elt PUBLISH May 22 and June 5, 1998. SEAL f�rrjrrrrrar� �i�sy�e 0%, CITY OF MERIDIAN 33 East Idaho Street, Meridian`; ID 83642 Phone: (208) 888-4433 Fax: (208) 887-4813 APPLICATION FOR ANNEXATION AND ZONING OR REZONE PROPOSED NAME OF SUBDIVISION:_ GENERAL LOCATION: C . -P(WG MCrZA0tVAN .gip, LEGAL DESCRIPTION (ATTACH IF LENGTHY): SSE— OWNER(S) OF RECORD: r ,!a. UvaL�j. •j.=C k l-1�� � y=•�PHONE:2���- �; 3(Q ADDRESS: Ct3c� r ivy APPLICANT: WlC..WAr,, , <_4 i tQvv\p�_y PHONE:2gk� — ADDRESS: ct_:�-� G_. i�'O\JG ENGINEER, SURVEYOR, OR PLANNER:2(--UC--fz_ PHONEJ-LOB) abs-Z4Za ADDRESS: ^10"S No. Cmm e tr =efl X 17 TYPE (RESIDENTIAL, INDUSTRIAL, COMMERCIAL): �(SIDC—t�Tt�L ACRES OF LAND IN PROPOSED ANNEXATION: 1 • S� PRESENT LAND USE: (Z SSI D C—iv� PROPOSED LAND USE: PRESENT ZONING DISTRICT: 2— PROPOSED ZONING DISTRICT: Signature of Applicant r] PLEASE PROVIDE THE FOLLOWING INFORMATION ON A SEPARATE SHEET OF PAPER AND/OR ON SEPARATE ATTACHMENTS 1. Name, address, and phone number of applicant; 2. Name, address, and phone number of owner of subject property and proof of title of said owner arranty dee . ------------ 3. Notarized request for zoning amendment from titled owner, successor of said owner, valid title option holder, or contract purchaser with consent from the titled owner if not requested by titled owner; 4. Legal description of property including all adjoining rights=of--way, railroads, roadways, highways and easements the full length of the property which is signed and stamped by a land surveyor registered in the State of Idaho; 5. Description of present land use; 6. Description of proposed land use; 7. Present zoning district and jurisdiction; 8. Proposed zoning district; . 9. A statement describing the characteristics of subject property which make the zoning amendment desirable; 10. A statement outlining the necessity or desirability of development pertaining to the zoning amendment and its harmony with adjacent development; 11. A statement of how the proposed zoning amendment relates to the City of Meridian Comprehensive Plan. 12. One (1) map of scale of one (1) inch equals one hundred (100) feet of the property concerning the zoning amendment; 13. Thirty (30) copies of a vicinity map of a scale of one (1) inch equals three hundred (300) feet; 14. A list of the mailing addresses of all property owners, from authentic tax records of Ada County, who are within three hundred (300) feet of the external boundaries of the land being considered, and all property owners included within the boundaries of the property being considered. This information is available from the County Assessor. ti t, ah Z� 4i 2O m �2j a Wl�inO m ha 22 hh�� LU G2 _ axe ~ 2° LI) oda U 3 I h Ee y cl� p eb v o>W Fco h p\ 2 H gooq O T�+�� C �;z o� �. V o�CC3o zz o J WUUW e b O a G O b V IW � UW=p x a x �xh� J- X20 ° (3 o z o �' W 4ih� 8J W=2e i; N " 22C,� m OO�� a � ,°,�3W'� � so�,zm ° � 2 Ll i V�j 3m � V oW t In O . O m h ry Hyo'ZZ-' n 2 0 cl`n V`dr� Z z x a u hoz 0. 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Idaho, Meridian, ID 83642 887-2211 • Inspection Line 887-1155 +UILDING PERMIT ):iNE R f APDL i 939 E. PINE AV- 208f 888-6836 -�- ._ ,ONTRACTOR------------ COMSTOCK ENTERPRISES 1685E MADISON RD. NAMPA ID 83687 208/493-1214 Issued: 12/08/97 Permit No: 20005 Conditions: .... - ---------------------- ---.�.-.-----�.-- .. -SS's PINE AVE E I I Lot: Block: 1 Sub: S: I Parc No: I ---------DESIGNER------------- 1 600/000-0000 ------------ 1►00/000-0000 I Long Legal: )ROJECT INFO ---------------------------------- Pr.j Value: $0.00 1 SED UNITS: 0 MFD UNITS: 0 Prj Type: SEWER HOOKUP I SFD SG FT: 0 MFD SO FT: 0 Occ Type: RESIDENTIAL i Occ Group: Occ Load: I COMMERCIAL: 0 Cnstr Type: I INDUSTRIAL: 0 GARAGE: 0 Land Use: I 'ROJECI`(VOTES--------------------------- ---------------------------------------- DOUBLE FEE ASSESSMENT.... NOT IN CITY LIMITS ,ROJECT FEES ASSESSMENT ---- wilding Permit $0.00 Plan Check $0.00 MOBILE HOME $0.00 FOUNDATION $0.00 WATER METER $0.00 WATER HOOKUP $0.00 WAT LATECOMERS $0.00 SEWER HOOKUP $3,160.00 SEW LATECOMERS $0.00 I RES $0.00 ------------------------------- $0.00-------------- $0.00 $0.00 -------------- $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL FEE: $3,160.00 $0.00 AMT PAID: $3,160.00 $0.00 ----------------------- $0.00 HAL DUE: $0.00 IMPORTANT INFORMATION Inspection requests must be made 24 hours prior to the need for inspection. Persons making the requests must provide the following information: 1) owner/contractor, 2) project location, 3) date and time when the inspection is needed, 4) type of inspection, 5) permit number. The inspection request line is available 24 hours a day, 365 days a year, inspections will be performed Monday - Friday, between 8:00 AM and 5:00 PM, excluding holidays. Other Permits are Required for the installation of any electrical wiring, plumbing piping and mechanical installations related to gas fired equipment. Permit Revocation/Expiration. The Building Official reserves the right to revoke any permit issued in error or on the basis of incorrect information. Permits expire in 180 days if. work is never commenced, or is discontinued for a period exceeding 180 days or 6 months. Declaration - This permit is being issued subject to the ordinances and laws of the City of Meridian, and it is hereby agreed that the work to be performed will conform to the regulations pertaining and applicable thereto. 1 —CSS— q Owner or Authorized Agdk Date Annexation Information 9. The characteristics of the subject property are that the 1.18 acres should be zoned according to its size. This would bring into perspective the lot size, for the City of Meridian's comprehensive plan. 10. The necessity to develop said property, is to update the existing family dwelling. By building a larger (1765sq.ft.) New dwelling and removing the smaller (530sq.ft.) Older dwelling. This would enhance the community and be in harmony with adjacent development. 11.The proposed zoning would update the City of Meridian's comprehensive plan. I Bill Humphrey, state that the property at 939 E. Pine will be posted one week before the public hearing. I also state that I will pay all water, trash and sewer cost for said property. I have read the contents thereof and verify that the information contained therein is true and correct. 1111111gg1j4 1�0TI'•s�v'1 �UBLZG O OF ,t9A oa,vvv /it ItoI-e14, U 02ealn&1- CG, Sov1 s WARRANTY DEED 83435' 07 FOR VALUE RECEIVED NOBLE DAVIS AND JOSIE DAVIS, husband and wife the Grantor s , do hereby grant, bargain, sell and convey unto WILLIAM CHARLES HUMPHREY, an Unmarried man the Grantee , whose address is the following described premises, to -wit: SEE ATTACHED EXHIBIT "A" WHICH BY THIS REFERENCE IS MADE A PART HEREOF TO HAVE AND TO IIOLD the said premises, with their appurtenances unto the said Grantee. , their heirs and assigns forever. And the said Grantor s do hereby covenant to and with the'said Grantee , that tete y are the owners in fee simple of said premises; that said premises are free from all encumbrances except reservations of record, easements of record general taxes and irrigation assessments for the year 1983 and subsequent years whichaare not yet due and payable; ' and that he will warrant and defend the same from all lawful claims whatsoever. Dated: Auuggusst, 23,1)983 Noble Davis STATE OF IDAHO, COUNTY OF Ada On this J_,316`day of August i9 83 before me, a notary public in and for said State, personally appeared Noble Davis .and Josie .Davisl; known to me to be the person s who se name s are subscribed to'the' within'instrument, and acknowledged to me that t .:they .)xecutl'd the same. Notary Public Residing at " Boise Idaho Comm, Expires 5/87 Josie Davis STATE OF IDAHO, COUNTY OF add, I hereby certify that this instrument was filed for record at the request of OMER TME M at y3C) minutes past o'clock this p23 day of it tga6e 19 e, in my office, and duly recorded in Book of Deeds at page .JOHN BAST)DA Ex -Officio Recorder By _ Deputy. �p0 Fees $ Mail to: PIONEER TITLE COMPANY OF ADA COUNTY J 821 W. State Street Boise, Idaho 83702 208 336-6700 Representing Ticor Title Insurance Company LEGAL DEPARTMENT (208) 884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208) 884-5533 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 recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: JUNE 2. 1998 . TRANSMITTAL DATE: MAY 18. 1998 HEARING DATE: JUNE 9. 1998 REQUEST: ANNEXATION AND ZONING OF 1.18 ACRES OF LAND BY: WILLIAM C. HUMPHREY LOCATION OF PROPERTY OR PROJECT: 939 E. -PINE JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z _BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER PARKS' DEPARTMENT CITY FILES 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 F IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) IDAHO TRANSPORTATION DEPARTMENT YOUR CONCISE REMARKS: HUB OF TREASURE VALLEY ' Ma or Y ROBERT D. CORRIE A -Good Place to Live CITY OF MERIDIAN Council Members CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 - Fax (208) 887-4813 KEITH BIRD LEGAL DEPARTMENT (208) 884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208) 884-5533 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 recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: JUNE 2. 1998 . TRANSMITTAL DATE: MAY 18. 1998 HEARING DATE: JUNE 9. 1998 REQUEST: ANNEXATION AND ZONING OF 1.18 ACRES OF LAND BY: WILLIAM C. HUMPHREY LOCATION OF PROPERTY OR PROJECT: 939 E. -PINE JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z _BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER PARKS' DEPARTMENT CITY FILES 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 F IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) IDAHO TRANSPORTATION DEPARTMENT YOUR CONCISE REMARKS: 0 NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on October 6, 1998, for the purpose of reviewing and considering the application of William C. Humphrey for annexation and zoning of approximately 1. 18 acres of land which is located in the NW % SE'/ of Section 7, T.3N., R.1 E., Boise Meridian, Ada County, Idaho, and which is generally located at 939 E. Pine. The application requests a zone of R-2. A more particular 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 September, 1998. WILLIAM G. BERG, JR., Z -11Y CLERK PUBLISH September 16 and 30, 1998. 1`�,��t413tltit!!tJ$fif� 7 e r is, • ~ ,, ,i4JlJJiltl!#i 5lttiil \\ r0 a i N 1 ! !) 1 R6576000i60 1 1 t [ j i ( 88576000200 l i i I I R657600o3,11 i , m o I lily ; R6576000250 I 31 i� [�) I [ ;jjSf igglill R607600v127 P6576001729 [ ' GI R65760D0930 R6576000934 \�•� l a a 86576000726 n I \ R6576000605 ' / f R6576000930 I RIP im b0 39dd dOSSMSa VaV L 6ZZZV9680Z 0Z:60 L66T/80/60 A. 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 June 9; 1998, for the purpose of reviewing and considering the application of William C. Humphrey, for annexation and zoning of approximately 1.18 acres of land located in the NW % SE % of Section 7, T.3* N„ RIE., Boise Meridian, Ada County, Idaho, and which property is generally located_ at 939'E. Pine. The Application requests a zone of R-2. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 1 e day of May, 1998. WILLIAM G. BERG, JR., CLERK PUBLISH May 22 and June 5, 1998 tier: SPAL w •r w %,��f'��� `fir iso • �. �.1`�.'.. ,���116i911 lt1444`44` • 0 CITY OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 Phone: (208) 888-4433 Fax: (208) 887-4813 APPLICATION FOR ANNEXATION AND ZONING OR REZONE PROPOSED NAME OF SUBDIVISION:_ N/& - GENERAL LOCATION: C • Z(>. LEGAL DESCRIPTION (ATTACH IF LENGTHY): aEE &t-% ot- -J!N OWNER(S) OF RECORD: tiLu+a6-\�� �{�L%C k . i���ti�i=yPHONE: ADDRESS: g3CA C- . k� i �i=� 411b�`2au�tr� t•> �cE4� APPLICANT: PHONE: 2Ck,- 3 ADDRESS: el;L-R 4--r--w!"Aa ? � ENGINEER, SURVEYOR, OR PLANNER: aL)Ge L E. t. PHONE: (ZPs ) 3�s- CtZo ADDRESS: ��3 Na• Wi�yG^sUrJ M1E, Gmm�tC' T� �3(0l7 TYPE (RESIDENTIAL, INDUSTRIAL, COMMERCIAL): ACRES OF LAND IN PROPOSED ANNEXATION: PRESENT LAND- USE: (-ESLD C�3q 0,( -- PROPOSED LAND USE: Asko PRESENT ZONING DISTRICT: f2-- ( PROPOSED ZONING DISTRICT: ik Im 1__91-7, Signature of Applicant • • PLEASE PROVIDE THE FOLLOWING INFORMATION ON A SEPARATE SHEET OF PAPER AND/OR ON SEPARATE ATTACHMENTS 1. Name, address, and phone number of applicant; 2. Name, address, and phone number of owner of subject property and proof of title of said ownerarrantydee . 3. Notarized request for zoning amendment from titled owner, successor of said owner, valid title option holder, or contract purchaser with. consent from the titled owner if not requested by titled owner; 4. Legal description of property including all adjoining rights-of-way, railroads, roadways, highways and easements the full length of the property which is signed and stamped by a land surveyor registered in the State of Idaho; 5. Description of present land use; 6. Description of proposed land use; 7. Present zoning district and jurisdiction; 8. Proposed zoning district; 9. A statement describing the characteristics of subject property which make the zoning amendment desirable; 10. A statement outlining the necessity or desirability of development pertaining to the zoning amendment and its harmony with adjacent development; 11. A statement of how the proposed zoning amendment relates to the City of Meridian Comprehensive Plan. 12. One (1) map of scale of one (1) inch equals one hundred (100) feet of the property concerning the zoning amendment; 13. Thirty (30) copies of a vicinity map of a scale of one (1) inch equals three hundred (300) feet; 14. A list of the mailing addresses of all property owners, from authentic tax records of Ada County, who are within three hundred (300) feet of the external boundaries of the land being considered, and all property owners included within the boundaries of the property being considered. This information is available from the County Assessor. 15. A fee established by the Council; Less than 1 acre = $400.00. Over 1 acre = $400.00 plus $15.00 for each additional acre or portion thereof. In addition to above fee applicant shall pay cost of certified mailings at a rate of 2l • V� per notice. 17. A � signed affidavit stating that the property will be posted 1 week before the public hearing. Posting must contain name of applicant, description of zoning amendment, and time and date of public hearing. Official notices are available at City Hall. 18. A signed affidavit stating the applicant has read the contents thereof A verifies that the information contained therein is true and correct. I m 1 . Vo 17703 ✓.J4..3br'11 re F Tri. County Surveying • P.O. Box 974 703 No. Washington Ave. Emmeft, ID 83617 Phone: (208) 365-7470 Job No. 98025 April 24, 1998 Legal Description Parcel 1 That portion of Lot 6 of the Oriwiler Subdivision, according to the plat thereof filed in book 8 of plats at page 378, records of Ada` County, Idaho described as follows: Commencing at the northwest corner of the Northwest 1/4 of the Southeast 1/4 of Section 7, Township.3 north, Range 1 East, Boise Meridian marked by a brass capped monument; Thence North 89" 00'00" East, 1159.96 feet, along the north line of said Onwiler Subdivision and the Northwest 1/4 of the Southeast 1/4 of said Section 7 to the True Point of Beginning marked by a "PK" nail and washer stamped PLS 6552; Thence South 00000'00" West, 394.15 feet; Thence North 45" 24'00" East, 230.17 feet (Record 237.72') to a point on the east line of said Lot 6 being also the east line of said Northwest 1/4 of the Southeast 1/4 marked by a set 112" iron pin with plastic cap PLS 6552; Thence North 00" 02'51 " East, 235.39 feet (Record North, 239.58'), along said east line, to the northeast corner of said Lot 6 being also the northeast corner of said Northwest 1/4 of the Southeast 114 marked by a 5/8" iron pin; Thence South 89000'00" West, 163.72 feet (Record 159.6'), along the north line of said Lot 6, to the True Point of Beginning. Said tract of land containing therein a calculated area of 1.18 acres,more or less, Includes all water and ditch rights appurtenant to or used in connection with the properties being sold or conveyed hereby and is subject to rights of way or easements of record or in use, 1W Ag2A c a=o2 A� n nM Azov. moo ApA =�A ori c=� O 2 0022 �LnF LO 0 AOrin a v � 2 O� uj Op Z = y onmA 2p �rnQ d CS A 0 2 m a� Zi <1v,� n C Q) R sea, �1 y STTC a p o� a SURVEY NUJ. 963 � o o m o p G pOl �n 0 tth b b C p T cl a O� r a \'m Y O vai�cZiH z o� on Hm o I'1 a U 7" ul \ten �l h I a $ D $ \ 5M0'00"w "94"5, , cn \ \ O� \ U D \ \ 7E LOCATION m \ 5 AnCE CREEK _ N00'02'57 "w 235.39' _ \ 926.60' SURVEY NCI. 4037 Cy y� to Ag2A c a=o2 A� n nM Azov. moo ApA =�A ori c=� O 2 0022 �LnF LO 0 AOrin a v � 2 O� uj Op Z = y onmA 2p �rnQ d CS A 0 2 m a� Zi <1v,� n C Q) R sea, �1 y STTC a p o� o m o p G pOl �n 0 tth b b C p cl Oa �° O� r a \'m Y O vai�cZiH o� on Hm Ag2A c a=o2 A� n nM Azov. moo ApA =�A ori c=� O 2 0022 �LnF LO 0 AOrin a v � 2 O� uj Op Z = y onmA 2p �rnQ d CS A 0 2 @M:�sza*l ' z a � H � � H p mNa nQx `II V u 7 I (� a w , Z � Wao J L.LJ o0 J o o mmQ H r______-____- i i I � 11 '1 ---169-3 7/16- ----------------------------------- 159'-7 3/16' _ AINk CITY OF MERIDIAN, BUILDING DEPARTMENT 33 E. Idaho, Meridian, ID 83642 887-2211 • Inspection Line 887-1155 BUILDING PERMIT Issued: 12/08/97 Permit No: 20005 OWNER/APPLICANT------------------------ 0 _ __-_Conditions_-------- -- I 79=,9 PINE AVE E 939 E. PINE AVE I _ I Lot: Block: Long Legal - 20$/$8$ -6$36 I Sub- S: I Parc No: CONTRACTOR ----------------------------- I DESIGNER --------------------- COMSTOCK ENTERPRISES I 16852 MADISON RD. I NAMPA ID 83687 I I 600/000-0000 208/493-1214 i PROJECT INFO ------------------------------- Pr.j Value: $0.00 I SFD UNITS• 0 MFA UNITS: 0 PrJ Type: SEWER HOOKUP' I SFD SO FT: 0 MFD SO FT: 0 Occ Type: RESIDENTIAL I Occ Group: Occ Load: i COMMERCIAL: 0 Cnstr, Type: I INDUSTRIAL: 0 GARAGE: 0 Land Use: I PROJECT NOTE -------=----------------------------- ------------------------------ DOUBLE FEE ASSESSMENT.... NOT IN CITY LIMITS PROJECT FEES ASSESSMENT ----- Building Permit $0.00 Plan Check $0.00 MOBILE HOME $0.00 FOUNDATION $0.00 WATER METER $0.00 WATER HOOKUP $0.00 WAT LATECOMERS $0.00 SEWER HOOKUP $3,160.00 SEW LATECOMERS $0.00 I RES $0.00 _ ACHD IMPACT RE-APPLICATION -------------- $0.00--------------- _ $0.00 $0.00 -------------- $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 =__-___------------------ $0.00 TOTAL FEE: $3,160.00 $0.00 AMT PAID: $3,16-0.00 $0.00 ----------------------- $0.00 AAL DUE: $0.00 IMPORTANT INFORMATION Inspection requests must be made 24 hours prior to the need for inspection. Persons making the requests must provide the following information: 1) owner/contractor, 2) project location, 3) date and time when the inspection is needed, 4) type of inspection, 5) permit number. The inspection request line is available 24 hours a day, 365 days a year, inspections will be performed Monday - Friday, between 8:00 AM and 5:00 PM, excluding holidays. Other Permits are Required for the installation of any electrical wiring, plumbing piping and mechanical installations related to gas fired equipment. Permit Revocation/Expiration. The Building Official reserves the right to revoke any permit issued in error or on the basis of incorrect information. Permits expire in 180 days if: work is never commenced, or is discontinued for a period exceeding 180 days or 6 months. Declaration - This permit is being issued subject to the ordinances and laws of the City of Meridian, and it is hereby agreed that the work to be performed will conform.to the regulations pertaining and applicable thereto. —c��— Cl Owner or Authorized Agdk Date 04 LO oi LA OD 'I- 60 39Vd 80SS3SSV VGV ale~ orld., am 6ZZZV9E80Z 0z:60 L66T/80/60 Annexation Information 9. The characteristics of the subject property are that the 1.18 acres should be zoned according to its size. This would bring into perspective the lot size, for the City of Meridian's comprehensive plan. r 10. The necessity to develop said property, is to update the existing family dwelling. By building a larger (1765sq.ft.) New dwelling and removing the smaller (530sq.ft.) Older dwelling. This would. enhance the community and be in harmony with adjacent development. I I.The proposed zoning would updategthe City of Meridian's comprehensive plan. I Bill Humphrey, state that the property at 939 E. Pine will be posted one week before the public hearing. I also state that I will pay all water, trash and sewer cost for said property. I have read the contents thereof and verify that the information contained therein is true and correct. V OOTARI,• in �UBLZG .TB OF 0 147 w/it GSc din /v Rol"W-;"� Y—b1JLl AM WARRANTY DEED 8343507 FOR VALUE RECEIVED NOBLE DAVIS AND JOSIE DAVIS, husband and wife the Grantor s , do hereby grant, bargain, sell and convey unto WILLIAM CHARLES HUMPHREY, an unmarried man / the Grantee , whose address is the following described premises, to -wit: SEE ATTACHED EXHIBIT "A" WHICH BY THIS REFERENCE IS MADE A PART HEREOF Ll. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee. their heirs and assigns forever. And the said Grantor s do hereby covenant to and with the'said Grantee , that the y are the owners in fee simple of said premises; that said premises are free from all encumbrances except reservations of record, easements of record general taxes and irrigation assessments for the year 1983 and subsequent years whichaare not yet due and payable; and that he will warrant and defend the same from all lawful claims whatsoever. Dated: August 23, 1983 Noble Davis Josie Davis STATE OF IDAHO, COUNTY OF Ada On this (G�ay of August 19 83 , before me, a notary public in and for said State, personally appeared Noble 1lav1s . and Josie .Davi:; known to me to be the person. s who se name s are subscribed to' the' within instrument, and acknowledged to me that 'they /(-''�xee1cutkd the same. Notary Public Residing at { Boise Idaho Comm. Expires 5/87 WAX STATE OF IDAHO, COUNTY OF rld(kl I hereby certify that this instrument was filed for record at the request of ironer Tl7l„ at y30 minutes past o'clock P-., this pB day of l C LIgL l.o 19 03. in my office, and duly recorded in Book of Deeds at page JOHN BASTJDA 'Ex -Officio Recorder By is%Y p: 0- s,'d1S=C Deputy. ' Fees $ 'i Ip0 Mail to: PIONEER TITLE COMPANY OF ADA COUNTY ■`j! 821 W. State Street Boise, Idaho 83702 — 208 336-6700 Representing Ticor Title Insurance Company, 09/08/1997 09:20 2083642229 ADA ASSESSOR PAGE 02 - j PFMR02 97 N E W R A S T E R U P D A T E ASKINGCC 9/08/97 Parcel R6576001380 Code Area 210 Type Qty Value ACTIVE Name HUMPRHEY WILLIAM C & VALYNNE K 150 1.170 28900 Data From 370 44600 Master Buyer 990 22300- Bank Code FMC C/O prepaid Address 939 E PINE AVE L.I.D. MERIDIAN ID Bankrupt _ 83642 - 5955 Sub.Code Last Change : 94/07/20 By : ASR DIXIEAnnexation *NO Total 51200 Notes *NO Desc. PAR #1380 OF E 159.6' Exemption OP LOT 6 ONWILER SUB #9215380 Grp 000 TYP 000 AP 01402000006A 3N 1E 07 Hardship Property Zoning R1 Flag — Address 00939 E PINE AVE MERIDIAN ID 83642-0000 D.D. _ Space Type 1 REAL Roll 1 PRIMARY Occ- 0 NON -OCC Action: _ F2=Select F3=Exit F5=Corrctd Notice F6=Letters F7 -UR F8=Assoc Address Fll=Deed ° � in C b SOLD BYS Y o. 'Um N n D"' `D °0 0 z r I I I I ru D 0 m m D I 2 W C W I ? Z. -v m m i O W ru I All claims and returned goods MUST be`accompanied by_this, 'bill.- TAX 0009025 Receive BY . Z � i � �wwwJ 03 ru j' ((1 W r � . r ID fry 03 I cn � ! pmN N O � C) {xx isS �gTg OW CITY OF MERIDIAN "Hub of Treasure Valley' 33 E. Idaho Meridian, Idaho 83642 888-4433 Order No.J Date Name Gi�- Address 3 Pri'dt Phone: O�p � SOLD BYS C.O.D. CHARGE ON ACCT. MDSE. RETD. PAID OUT �O TA K fe-es - Mle q%s' n� I I I I I I I I I All claims and returned goods MUST be`accompanied by_this, 'bill.- TAX 0009025 Receive BY TOTAL � i � GS -202-2 PRINTED IN U.S.A. rn;xreo w;rx SOYINK,. I BILL HUMPHREY-ANNEXATION AND ZONING 939 EAST PINE PROPERTY OWNERS WITHIN 300' FOWERS JEFFREY P & MELISSA MORRIS TRAVIS D AND `1009 N KILLDARE PL MORRIS COLE D MERIDIAN ID, 83642-4043 911 N STONEHENGE WAY MERIDIAN ID 83642-4001 a REMELY"MARK A & CATHERINE H 1018 N KILLDARE PL WRIGHT CHARLES G• MERIDIAN ID 83642-4043 1040 E PINE AVE MERIDIAN ID 83642-5936 SOWER DAMIAN WADE '& NICOLE M 981 N STONEHENGE WAY BEDELCO INC MERIDIAN ID 83642-4001 9530 W HALSTEAD DR BOISE ID 83704-6708 SPANGLER ALFRED K & LINDA 1125 E PINE AVE 942 E PINE AVE MERIDIAN ID 83642-5936 PETERSON GERALD R & SHIRLEY A 935 E ;PINE AVE WONACOTT ANDREW JOHN &- MERIDIAN ID 83642-5955 BRANDI K 947 N STONEHENGE WAY MCKAGUE PAUL MERIDIAN'`ID 83642-4001 MCKAGUE ROY & FERN LIFE ESTATE 931 E PINE AVE RASKIN DARREN R & DORIS E MERIDIAN ID 83642-5955 950 N STONEHENGE WAY MERIDIAN ID 83642-4000 LOW CHARLOTTE M 1825 KENTUCKY ST NE B W INC ALBUQUERQUE NM 87110-6937 250 BEECHWOOD DR STE 120 911 E PINE AVE BOISE ID 83709-0944 942 E PINE AVE STRATE W EUGENE 745 E PINE CATLETT SCOTT N MERIDIAN ID 83642 925 N STONEHENGE WAY 825 E PINE AVE MERIDIAN ID 83642-4001 MCKAGU & SHIRLEY KETTNER MICHAEL T & STACIA M 110 E 1ST ST 934 N STONEHENGE WAY MERIDIAN ID $3642— MERIDIAN ID 83642-4000 PINE AVE MCKAGUE PA & SHIRLEY J 933 E PINE AVE MERIDIAN ID 83642— P-61921 - 0 V_� u WARRANTY DEED 8343507 FOR VALUE RECEIVED NOBLE DAVIS AND JOSIE DAVIS, husband and wife the Grantors , do hereby grant, bargain, sell and convey unto WILLIAM CHARLES HUMPHREY, an unmarried man the Grantee , whose address is C11�l the following described premises, to -wit: SEE ATTACHED EXHIBIT "A" WHICH BY THIS REFERENCE IS MADE A PART HEREOF TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee , their heirs and assigns forever. And the said Grantor s do hereby covenant to and with the said Grantee , that the y are the owners in fee simple of said premises; that said premises are free from all encumbrances except reservations of record, easements of record general taxes and irrigation assessments for the year 1983 and subsequent years which-aare not yet due and payable; and that he Dated Noble Davis will warrant and defend the same from all lawful claims whatsoever. st 23, 1983 STATE OF IDAHO, COUNTY OF Ada On this J_,5"t�"Ay of August 19 83 before me, a notary public in and for said State, personally appeared Noble AaVis.and Josie ,Davin; known to me to be the person s who se name s are subscribed to' the`'withln"instrument, and acknowledged to me that 'they, % ' xecut d the same. Notary Public Residing at Boise , Idaho Comm. Expires 5/87 Josie Davis STATE OF IDAHO, COUNTY OF r,CLCCQi I hereby certify that this instrument was filed for record at the request of PIONS WU, . at 30 minutes pastAuqlw-e, o'clock Pm., this c2; day of 19 e, in my office, and duly recorded in Book of Deed's at page tN B AA D Ex -Officio Recorder By Deputy • Fees $ f-�a0 Mail to: I PIONEER- TITLE COMPANY JOF ADA COUNTY �� 821 W. State Street Ell Boise, Idaho 83702 — 208 336-6700 Representing Ticor Title Insurance Company P `i!�•�ll�ll 1�' L�1`$il��L'1�L'1�l`�1`4C" BILL HUMPHREY ANNEXATION AND ZONING 939 EAST PINE PROPERTY OWNERS WITHIN 300' FOWERS JEFFREY P & MELISSA MORRIS'TRAVIS D AND 1009 N KILLDARE PL B MORRIS COLE D MERIDIAN ID 83642-4043 I' 911 N STONEHENGE WAY MERIDIAN ID 83642-4001 REMELY MARKxA & CATHERINE H 1018 N KILLDARE PL R WRIGHT CHARLES G MERIDIAN ID 83642-4043 1040 E PINE AVE MERIDIAN ID 83642-5936 SOWER DAMIAN WADE & NICOLE M 981 N STONEHENGE WAY BEDELCO INC MERIDIAN ID 83642-4001 9530 W HALSTEAD DR BOISE ID 83704-6708 SPANGLER ALFRED K & LINDA 1125-E�PINE AVE 942 E PINE AVE MERIDIAN ID 83642-5936 PETERSON GERALD R & SHIRLEY A 935 E PINE:AVE WONACOTT ANDREW JOHN-& MERIDIAN ID 83642-5955 BRANDI K 947 N STONEHENGE WAY /IMCKAGUE PAUL MERIDIAN ID 83642-4001 MCKAGUE ROY & FERN LIFE ESTATE 931 E PINE AVE RASKIN DARREN R & DORIS E MERIDIAN ID 83642-5955 950 N STONEHENGE WAY MERIDIAN �ID 83642-4000` LOW CHARLOTTE M 1825 KENTUCKY ST NE BW INC ALBUQUERQUE NM 87110-6937 250 BEECHWOOD DR STE 120 911 E PINE AVE BOISE ID 83709-0944 942 E PINE AVE STRATE W EUGENE 745 E.PINE CATLETT SCOTT N MERIDIAN ID 83642 925 N STONEHENGE WAY 825 E PINE AVE MERIDIAN ID 83642-4001 MCKAGU & SHIRLEY KETTNER MICHAEL T &'STACIA M 110 E 1ST ST 934 N STONEHENGE WAY MERIDIAN ID 83642- MERIDIAN ID 83642-4000 PINE AVE MCKAGUE PA & SHIRLEY J 933' E PINE AVET MERIDIAN ID 83642- For,. 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M eL co %Jihi AV10�AVAR10 BOISE, IPAHO 1998 OC 22 Pit 1: 04 CITY OF MERIDIAN ORDINANCE NO. 805 REC jED - REQUEST C Y FEES.—DEPUTY s7798 f 00994 AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED RURAL LOW DENSITY RESIDENTIAL DISTRICT (R-2); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to -wit: That portion of Lot 6 of the Onwiler Subdivision, according to the plat thereof filed in book 8 of plats at page 378, records of Ada County, Idaho described as follows: Commencing at the Northwest corner of the Northwest '/ of the Southeast '/ of Section 7, Township 3 North, Range 1 East, Boise Meridian marked by a brass capped monument; Thence North 89100'00" East, 1159.96 feet, along the north line of said Onwiler WILLIAM C. HUMPHREY ANNEXATION AND ZONING ORDINANCE NO. 805 OF 1.81 ACRES TO R-2 1 Subdivision and the Northwest % of the Southeast % of said Section 7 to the True Point of Beginning marked by a "PIC' nail and washer stamped PLS 6552; Thence South 00100'00" West, 394.15 feet; Thence North 45124'00" East, 230.17 feet (Record 237.72') to a point on the east line of said Lot 6 being also the east line of said Northwest % of the Southeast %4 marked by a set Y2" iron pin with plastic cap PLS 6552; Thence North 00002'51" East, 235.29 feet (Record North 239.58), along said east line, to the Northeast corner of said Lot 6 being also the Northeast corner of said Northwest % of the Southeast % marked by a 5/8" iron pin; Thence South 89°00'00" West, 163.72 feet (Record 159.6'), along the north line of said Lot 6, to the True Point of Beginning. Said tract of land containing therein a calculated area of 1.18 acres more or less, includes all water and ditch rights appurtenant to or used in connection with the properties being sold or conveyed hereby and is subject to rights of way or easements of record or in use. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned City Rural Low Density Residential District (R-2). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. WILLIAM C. HUMPHREY ANNEXATION 2 AND ZONING ORDINANCE NO. 805 OF 1.81 ACRES TO R-2 SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 7: The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63-2215 and §50- 223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 20 ti day of OG7`7b.eh ,1998. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 2 pfh day of dci� bel- ,1998. R ATT T: *ltflliTftfffj OF CITY CLERK 101998 -- Final SQL z WILLIAM C. HUMPHREY ANNEXATION 3 AND ZONING ORDINANCE NO. 805 OF 1.81 ACRES TO R-2 CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. 805, passed by the City Council of the City of Meridian, on the go -7.='- day of October, 1998, is a true and correct copy of the original of said document which is in the care, custody and control of the City Cler�oeVthe►Qjjy of Meridian. olu y STATE OF IDAH%%11114 tit %111149111 County of Ada, ) LLILAM G. BERG, JR. ��Ckv Ons �` day ofa4Getsimp, in the year 1998, before me, , a Notary Public, appeared WIILLIA G. BE , JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. e9°' GEL L• ,i+j•��isctu s�o •••0000��_ �� �SFijgRy �,� Notary Public for Idaho 'lows . Commission Expires:_ i) '. PriB1"i, t• OF CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN Meridian City Council Meeting October 20, 1998 Page 6 Rountree: Well I suppose we can make another motion to that effect or I'll move to — I can move to amend my motion. Anderson: I'll withdraw my second. Rountree: Mr. Mayor I move that we adopt Ordinance 804 with the change in the fourth line to the correct spelling of duties, the correction of all references to Assistant City Clerk to Deputy City Clerk, authorize the Mayor to sign and the Clerk to attest with suspension of rules. Anderson: I'll second. Corrie: Motion made by Mr. Rountree second by Mr. Anderson to approve Ordinance #804 with suspension of rules and corrections as noted. Any further discussion? ROLL CALL VOTE: Anderson, yea. Bentley, yea. Rountree, yea. Bird, yea. MOTION CARRIED: All ayes. ITEM NO. 4: ORDINANCE #805 — ANNEXATION AND ZONING OF 1.18 ACRES BY AIL-L-IAM-C-HUMPHREYjFOR LAND LOCATED AT 939 E. PINE: Corrie: Is there anyone from the audience who would like to have Ordinance #805 read in its entirety? Council discussion? I'll entertain a motion on Ordinance #805. Bentley: Mr. Mayor I move that we approve Ordinance #805 with suspension of rules. -Bird: Second. Corrie: Motion made by Mr. Bentley second by Mr. Bird to accept Ordinance #8.05 with suspension of rules. Any further discussion? ROLL CALL VOTE: Anderson, yea. Bentley, yea. Rountree, yea. Bird, yea. MOTION CARRIED: All ayes. Corrie: Item number 5 and 6 will suspended until later this evening, the last. Move on to item number 7. ITEM NO. 7: DEVELOPMENT AGREEMENT FOR EAGLE PARTNERS: s • MERIDIAN CITY COUNCIL MEETING: OCTOBER 6 1998 APPLICANT: WILLIAM C. HUMPHREY ITEM NUMBER: 11 REQUEST: ANNEXATION AND ZONING OF 1.18 ACRES TO R-2 AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES FROM P & Z CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: SEE ATTACHED FINDINGS CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. rNuoroi-- Cc Pv-v� i MERIDIAN PLANNING& ZONING COMMISSION MEETING • SEPTEMBER 8, 1998 PAGE 2 MacCoy: All in favor? MOTION CARRIED: All ayes. MacCoy: Approved and passed. Before we start this evening, I want to reiterate something that we started this summer because of the long meetings we've been having to live with. We ask that the presenters hold their comments to 15 minutes or less. If they need more, then they will have to ask for, the commissioners will decide if they should allow an extension. For those of you in the public, we have a time for you people. We'd like to have a time put in about five minutes, if you could hold it at that. We'd appreciate that for keeping this meeting down to a reasonable- level and if somebody in the public is said what you planned to say, then there is no need for you to get up and it's already in the record and it's all in tape. We get a print out of that, so it's a requirement that everything is recorded from the public and we would like to keep the redundancy down if that's at all possible. If you have something special that you would like to add, you are free to come up and do that. I'm not trying to limit you from the stand point that nobody can speak except one. That's not what I'm saying. I'm saying lets kind of try to keep the meeting at a reasonable moving time period. For those of you that are here for one of these. I have a notice given to the commissioners here. This is from our counsel, he has said that on your agenda this evening, that the item #2 which was a Findings of Fact and Conclusions of Law for the Terra Townhouse Subdivisions, item #4 Findings of Fact and Conclusions of Law for Tina Carrico, item #5 Findings of Fact and Conclusions of Law for Mel Lacy, item #6 Findings of Fact and Conclusions of Law for the Troutner Business Park Development Corporation, all four of those even though we are here to hear Findings of Fact, we have none in our hands, the attorneys have not prepared them for us, so we can not pass on those this evening. So if you're here for any one of those, you are free to leave or stay and listen to everything else. I've also been informed just a few moments ago, that item #11 and we'll take that a continued public hearing, that we still have not received the final on the ACHD material, but we will continue the public hearing anyway, but it will have to be kept at this level until we receive those. Item #13 which is also a public hearing for John Biss, we have a problem with posting time, as well as no material from ACHD so that also will have to stay at this level. It's a public hearing, and we can entertain anybody that wants to talk on that at that time. With all that said, I'm going to start off with item #1. ITEM NO. 1:` FINDINGS -OF -FACT AND CONCLUSIONS OF LAW: REQUEST FORANNEXATION AND ZONING OF 1.18 ACRES (R-2) BYWILLI4M.C.1 �HUMPHREY­FOR LAND LOCATED AT 939 E. PINE. MacCoy: Commissioners? MERIDIAN PLANNINAD ZONING COMMISSION MEETING • SEPTEMBER 8, 1998 PAGE 3 Borup: Mr. Chairman, I move the Planning and Zoning Commission of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions of Law. Nelson: Second. MacCoy: Any discussion? Nelson: I have none. MacCoy: Commissioner Borup? Borup: Aye. MacCoy: Commissioner Byron Smith is absent. Commissioner Mark Nelson? Nelson: Aye. MacCoy: Commissioner De Weerd? De Weerd: Aye. MacCoy: Okay, make that comment for the record. We have all yeahs, a motion passed and a decision recommendation. Borup: Mr. Chairman, I move that the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve annexation and zoning that is stated in these Findings of Fact and Conclusions of Law for the property described in the application with the conditions set forth that the applicant be specifically required to meet all the ordinance of the City of Meridian specifically including the development agreement and that if the applicant isn't not agreeable with these Findings of Fact and Conclusions of Law and/or is not agreeable with entering into a development agreement, the property should not be annexed. De Weerd: Second. MacCoy: All in favor? MOTION CARRIED: All ayes. MacCoy: All ayes, motion approved and passed. (Inaudible) • • MERIDIAN PLANNING AND ZONING MEETING: September 8, 1998 APPLICANT: WILLIAM C. HUMPHREY ITEM NUMBER: 1 REQUEST: ANNEXATION AND ZONING OF 1.18 ACRES tR-21 AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES 08/11/98 CITY ENGINEER: CITY PLANNING DIRECTOR: CITYATTORNEY: SEE ATTACHED FINDINGS CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: C ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: /�/Q1 SETTLERS IRRIGATION: ' �f IDAHO POWER: IP 1 US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. 48-lsz3$r0 Q , 0 • Meridian Planning and Zoning Commission August 11, 1998 Page 3 MacCoy: As we move down the agenda, then you can make a statement, and the commissioners can do what you wish to table it or move it forward or whatever you want to do. Okay? Agreed? Smith: Thanks. MacCoy: Okay starting off with the first part of our meeting for our minutes is the previous meeting which was held on July 14th, 1998 in this room. Commissioners, what do you have to say about the minutes? Nelson: I have no changes. Smith: None. De Weed: No changes. MacCoy: What's your action? Smith: Mr. Chairman, I'd like to make a motion that we approve the minutes as written from our previous — are we approving both? MacCoy: No, we're doing one at a time. Smith: -- as written for our July 14th meeting. De Weerd: Second. MacCoy: All in favor? MOTION CARRIED: All ayes. MacCoy: Now the minutes of the special meeting. De Weerd: Mr. Chairman, I'd like to move that we accept the minutes of the special meeting held on July 22"d. Smith: Second. MOTION CARRIED: All ayes. ITEM NO. 1: CONTINUED PUBLIC HEARING: REQUEST FOR'ANNEXATION AND 'ZONING OF 1.18 ACRES -BY 1NILLIAM C H- U,MPHREY FOR LAND AT 939 E. PINE: Meridian Planning and Zoning Commission August 11, 1998 Page 4 MacCoy: Is the applicant here? WILLIAM HUMPHREY 939 E. PINE WAS SWORN BY THE ASSISTANT CITY ATTORNEY. Humphrey: I would like to annex into the city of Meridian and pretty much that's it. I've been here before one time. I was delayed by circumstances beyond my control, but I would like to proceed with the annexation. Borup: Mr. Humphrey, you have reviewed the comments from staff and understand everything they are asking for. Humphrey: Yes, I have. Borup: Okay, thank you. Smith: Mr. Humphrey, I believe the first time you were in here you had just discovered your lot was in the flood plain? Humphrey: Yes, I did. Smith: You were looking to build another structure on the lot. Humphrey: That's correct. Smith: That would still be owned by yourself. Humphrey: Yes. Smith: Is that still what your intention is? Humphrey: If possible, yes. Smith: But I believe your neighbor had mentioned something about he had supported your application because he had adjacent property and there maybe some opportunity to merge those parcels together for some type of future development? Humphrey: I believe that's correct. Smith: Has there been any discussion with you and him about that? Humphrey: None whatsoever. 0 • Meridian Planning and Zoning Commission August 11, 1998 Page 5 De Weerd: Mr. Chairman I just wondered if staff had any comments on this. Okay thanks. MacCoy: Okay thank you. This is a continued public hearing. Anybody here who would like to get up and make a statement at this time or a concern. I don't see any hands. Okay, we'll close the public hearing and commissioners? Smith: Mr. Chairman, I'd like to make a motion that we need to direct the city attorney to prepare Findings of Fact and Conclusions of Law on this item. Borup: Second. MacCoy: All in favor? MOTION CARRIED: All ayes. ITEM NO. 2: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR CONTRACTOR'S YARD BY DONOVAN HANSON: De Weerd: Mr. Chairman, I would like to move that the Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions of Law. Smith: Second. ROLL CALL VOTE: Borup, aye. De Weerd, aye. Smith, aye. Nelson, aye. MOTION CARRIED: All ayes. De Weerd: I'd like to move that the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, the fire and safety life codes, uniform fire code, parking requirements and the paving and landscaping requirements and all ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the applicant by the city. Smith: Second. MacCoy: All in favor? • 0 BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION THE CITY OF MERIDIAN ANNEXATION AND ZONING OF WILLIAM C. HUMPHREY 939 E. PINE MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on June 9, 1998, July 14, 1998 and continued to August 11, 1998, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing in person, and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for June 9, 1998, July 14, 1998 and continued to August 11, 1998, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the June 9, 1998, and July 14 1998 hearings continued to August 11, 1998; that the public was given full opportunity to express comments and submit evidence; and that FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 1 WILLIAM C. HUMPHREY ANNEXATION/ZONING R-2 • • copies of all notices were available to newspaper, radio and television stations; 2. That the property included in the application for annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is approximately 1.18 acres in size; it is in the northwest quarter, southeast quarter, Section 7, Township 3 North, Range 1 East, Boise -Meridian, Ada County, Idaho. 3. That the property is presently zoned by the county as R1 and the proposed use would be for R-2. 4. That the City of Meridian desires to annex and zone property to allow any development to be under the City's jurisdiction. 5. The general area surrounding the property is used agriculturally, and for some residential properties. 6. That the property is adjacent and abutting to the present City limits. 7. The Applicant is the owner of the property and has requested the annexation. 8. That*the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 9. That the entire parcel of ground is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 10. William C. Humphrey, the Applicant, testified substantially as follows at the public hearing. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 2 WILLIAM C. HUMPHREY ANNEXATION/ZONING R-2 11. At the hearing June 9, 1998, William C. Humphrey was swom in by the Assistant City Attorney. Mr. Humphrey noted that since his request for annexation, he has found out that his property is in the flood plain. He noted that while the project he had considered may no longer be an option, he needed time to look at alternatives. He noted that a month would be sufficient time to do so. 12. At the August 11, 1998 hearing, William C. Humphrey was swom in by the Assistant City Attorney. Mr. Humphrey requested to be annexed into the City of Meridian. ' He noted that he had been previously delayed when he found out his property was in the flood plain. He acknowledged understanding of staff comments. He noted that he was still considering developing the lot in the future. 13. At the hearing June 9, 1998, Mr. Wayne Forrey was swom in by the Assistant City Attorney. Mr. Forrey noted that he and his wife are developing the land next to the Humphrey's and supported Mr. Humpnrey's annexation. 14. The Assistant to the City Engineer, Bruce Freckleton, and the Planning and Zoning Administrator, Shari Stiles, submitted general comments and site specific comments. Their general comments and site specific comments are incorporated herein as if set forth in full. Their general comments included the following: a. The annexation description provided with this application appears to meet the requirements of the State of Idaho Tax Commission, and the City of Meridian. b. Any existing irrigation/drainage ditches crossing the property, except the Five Mile Creek, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said -approval submitted to the Public Works Department. FINDINGS_ OF FACT AND CONCLUSIONS OF LAW - PAGE 3 WILLIAM C. HUMPHREY ANNEXATION/ZONING R-2 C. Any existing domestic wells and/or septic systems within this project will have to be removed from'their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. d. City records indicate that this residence is currently only being served the city water and trash collection services. Our records also indicate that double assessments for sewer service was paid in December of 1997. Billing records don't reflect the change in service to include sewer service, nor has a plumbing permit been issued. Has the residence been connected to the city sewer system yet? If so, was a permit and inspection obtained by the State Plumbing Bureau? Their site specific comments included the following: a. The Applicant currently resides in a 530 -square -foot home on the subject property. The Applicant got approval from the City of Meridian to hook up to sewer and paid his double assessment fee so he could build a new 1,765 - square -foot home. Ada County refused his request for a building permit because he plans to leave the existing barn on the site, and their ordinance requires that an accessory building be at or behind the setback for the principal dwelling unit. The Applicant is requesting annexation and zoning to enable him ,to get a building permit for a new dwelling. The existing dwelling will be removed prior to a Certificate of Occupancy being issued for the new home. b. Five Mile Creek is designated as a multiple -use pathway in the Meridian Comprehensive Plan. A development agreement could be required as a condition of annexation outlining specific details of future pathway plans; however, a simple deed restriction would probably be just as effective due to the nature of this development. 15. The Nampa & Meridian Irrigation District commented that the Five Mile Drain courses along the east boundary of the project. The District's right-of-way on the Five Mile Drain is 100 feet; 50 feet from the center each way. See Idaho Code 42 -1208 - RIGHTS -OF -WAY NOT SUBJECT TO ADVERSE POSSESSION. This is a contract drain with the Bureau of Reclamation, contact John Caywood at 344-1141 for their right - FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 4 WILLIAM C. HUMPHREY ANNEXATION/ZONING R-2 of -way easement. * The developer must contact Jon P. Anderson or Bill Henson at 466- 0663 for approval before any encroachment or change of right-of-way occurs. The Nampa & Meridian Irrigation District requires a Land Use Change/Site Development application be filed for review prior to final platting. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. Contact Donna Moore at 466-7861 for further information. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. 16. That the property is serviced with City water and sewer. 17. That the (R-2), Rural Low Density Residential District is described in the Zoning Ordinance, 11-2-408 B. 1 as follows: (R-2) Rural Low Density Residential District - The purpose of the (R-2) District is to permit the establishment of rural low density single-family dwellings, and to delineate those areas where predominately rural residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of rural residential areas by prohibiting the intrusion of incompatible non-resideritial uses. The (R-2) District allows for a maximum of two (2) dwelling units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian. 18. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission were given and followed. 19. There was no further testimony at the hearing. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 5 WILLIAM C. HUMPHREY ANNEXATION/ZONING R-2 0 0 CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That.the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a Legislative function. 3. That the Planning and Zoning Commission has judged this annexation and zoning application under Section 50-222, Idaho Code, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, the Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the Applicant, the City of Meridian, has initiated the annexation application. 8. That since the annexation and zoning of land is a legislative function, the FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 6 WILLIAM C. HUMPHREY ANNEXATION/ZONING R-2 City has authority to place conditions upon the annexation of land. 9. That- the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616 which pertains to development time schedules and requirements; that the Applicant will be required to connect to Meridian water and sewer. 10. That proper and adequate access to the property is available and will have to be maintained. 11. It is concluded that the development is an R-2 type development and should be zoned in that fashion. 12. Therefore, based on the Application, these Findings of Fact and Conclusions of Law, and the Ordinances of the City of Meridian, it is ultimately concluded that the Applicant's property should be annexed and zoned R-2 and all representations shall be met; that the conditions should be those stated above and upon issuance of final platting and other conditions to be explored at the City Council level; that such annexation would be orderly development and reasonable if the conditions are met. 13. That any requirements from the Nampa & Meridian and Settlers Irrigation r Districts shall be met as well as any requirements of the Bureau Reclamation and the City Engineer. 14. With compliance of the conditions contained herein, the annexation and zoning would be in the best interest of the City of Meridian. 15. That if the conditions of approval are not met the property shall be subject to de -annexation. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 7 WILLIAM C. HUMPHREY ANNEXATION/ZONING R-2 • APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Planning and Zoning Commission of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER KEITH BORUP COMMISSIONER BYRON SMITH COMMISSIONER MARK NELSON COMMISSIONER MALCOLM MacCOY COMMISSIONER DeWEERD VOTED-�-" VOTEDL� VOTED VOTED VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning as stated in these Findings of Fact and Conclusions of Law for the property described in the application with the conditions set forth. That the 'Applicant be specifically required to meet all of the Ordinances of the City of Meridian, specifically including the development agreement; that if the Applicant is not agreeable with these Findings of Fact and Conclusions of Law and/or is not agreeable with entering into a development agreement, the property should not be annexed. MOTION: APPROVED: DISAPPROVED: 8/20/98 -- DRAFT FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 8 WILLIAM C. HUMPHREY ANNEXATION/ZONING R-2 0 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions of Law on this day of '1998. ROLL CALL COUNCILMAN BIRD COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN ANDERSON MAYOR CORRIE (TIE BREAKER) (INITIAL) APPROVED VOTED e;-- V.OTED-(/,g-^ VOTED VOTED VOTED DISAPPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW - MERIDIAN PLANNING & ZONING COMMISSION MEETING: AUGUST 11 1998 APPLICANT: WILLIAM C. HUMPHREY AGENDA ITEM NUMBER: 1 REQUEST: ANNEXATION & ZONING OF 1.18 ACRES - 939 E. PINE AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES FROM 7/14/98 CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN PLANNING ZONING COMMISSION • JULY 14, 1998 PAGE 9 MOTION CARRIED: All aye. ITEM #9 CONTINUED PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 1.18 ACRES (R-2) BY WILLIAM C HUMPHREY FOR LAND LOCATED AT 939 E. PINE. MacCoy: Is the applicant here this evening? This is still an open hearing, is there anybody who wants to comment on this, this evening. A R-2 is a housing thing, a thing to do with acreage. I want to give you a key piece from our staff over there. Bruce, would you answer that for the code. Freckleton: R-2. MacCoy: R-2. Freckleton: Mr. Chairman, R-2, two units per acre. MacCoy: Residential, right? Freckleton: Yes. MacCoy: Does that answer your question? Is there any other comments in the audience? Any other person who wants to stand up and make a statement? Smith:' Mr. Chairman. MacCoy: Yes Mr. Smith. Smith: I believe the applicant at the last hearing testified that he had just discovered that his land was in the flood plain and he wasn't sure if he was going to develop it or not and ask for a continuance which we did and I would like to move this`along and either give him the opportunity to be heard before the Planning and Zoning Commission or if he wants to have it withdrawn and off the agenda for next months meeting and have the city staff contact the applicant and continue the public hearing till next months meeting until we know what the applicant desires to do. Borup: I second that. Smith: I would like to make a motion we continue this item till our August 11 meeting and ask city staff to contact the applicant. Borup: Second. MOTION CARRIED: All aye. 4f. . MERIDIAN PLANNING & ZONING COMMISSION MEETING: JULY 14, 1998 APPLICANT: WILLIAM C. HUMPHREY AGENDA ITEM NUMBER: 9 REQUEST: ANNEXATION & ZONING OF 1.18 ACRES - 939 E. PINE AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES FROM 6/9/98 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: apid dyll y BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. PLANNING AND ZANG COMMISSION • JUNE 9, 1998 PAGE 45 MacCoy: Any discussion? All in favor? MOTION CARRIED: All ayes. ITEM NO. 15: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 1.18 ACRES BY WILLIAM C. HUMPHREY FOR 939 E. PINE: MacCoy: Is Mr. Humphrey here? Okay would'you come forward please? While he's walking forward, we'll open the public hearing. WILLIAM C. HUMPHREY 939 E. PINE WAS SWORN BY THE CITY ATTORNEY. Humphrey: I just request annexation for the purpose of building a family dwelling to enhance my family's living. At which time I found out within the last two days that this is pretty much all for not at this time because of the fact that hearing from the hydrologist I do live in a flood plain there, and it doesn't seem like this is going to be able to work because of the flood plain. Prior: Are you withdrawing your request? Humphrey: Well, no. Not really, I just at this time it doesn't seem like I'm going to be able to proceed with my plans. The annexation is going to be inevitable anyway someday I'm sure. This is the second hearing I've been to on this. I've already applied for all the permits, sewer, water, trash is there, everything is there. It's just at this point, I'm kind of stymied right now. I don't know which way to go. MacCoy: Mr. Prior, do you have any comments on this at this point? Prior: Specifically in what regards? Well, I mean if he wants to try to annex the property, it's not going to affect the fact that he's not going to be able to do it, and it's a separate issue. I'm just saying that if he's not planning on doing anything with it — Humphrey: Well, at this time it doesn't look like I really have a — Prior: It could be an expensive proposition to comply with all the requirements. I haven't had a chance to go through them all, but you may want to reconsider this and hold off until maybe you have something more — Humphrey: If I could reconsider and approach the council and the commission at another time when things develop differently, that would probably — PLANNING AND ZANG COMMISSION • JUNE 9, 1998 PAGE 46 Prior: That may require that you would have to reapply. We can table this item if you would like to do that. I got you, Shari. We can table this item if you'd like, and we can table it for short period of time, but we cannot table this indefinitely. I mean we can't keep having this on the agenda tabled for the next six eight months. If you are requesting that wettable consideration of this item at this point, obviously the commission can take that under advisement and — well, you don't want to continue the public hearing. I think we want to table it actually; do we not? Because he doesn't want it considered. He doesn't want it open for another public hearing next time. He wants — we can close the public hearing,.. we table it and then at some later time reconsider. I believe that would be the appropriate — Smith: Which is reopen the public hearing. Prior: Well, you can't do that then. Smith: So, what's the difference between continuing and tabling something? Nelson: Access to the public hearing. Berg: Yes, when you continue the public hearing, which is in the best interest, you are keeping the public hearing open. And whatever information is gathered from time to time is contained for that hearing and for your decision. When you table it, you're stopping all the information from coming forth and he may have some vital information or some comments to some specific issue that our staff's comments have been addressed. Prior: But by continuing it, we're keeping it on the agenda at least — Smith: By tabling it, we're basically just delaying our decision. Prior: So he can testify at this time and we can make the determination whether we want to table or continue based on whether we want to allow any further information entered into this thing. What I'm saying is if we table it though, we can table it indefinitely. We continue it. This thing will be on the agenda next week as a continued public hearing, and — Smith: But we're only required to continue it to a date certain, right? We don't have to continue it to next week. We can continue it until next month. Prior: Correct. Smith: And if I understand you correctly, you want to do a little more research, find out what the implications are of you building in the flood plain, what the PLANNING AND ZAG COMMISSION • JUNE 9, 1998 PAGE 47 ramifications are of what you are going to have to do with the structure and so forth to meet the county requirements or whatever of constructing in a flood plain. Humphrey: It would be (inaudible) whatever they determine. I have an option that I will be researching. So apparently if we do table this and I will be able to come back and if that does bring some enlightenment to this situation, then I can present it at that time. Smith: Okay, well, it sounds like to me what we want to do is continue this public hearing, so I would like — when is our July meeting? De Weerd: Will you have the information by July? Humphrey: I hope. I may have it as soon as tomorrow. MacCoy: I think the question is do you want one month or do you want it two months? Humphrey: One month would be more than sufficient. I could know as soon as tomorrow. MacCoy: Okay, so when we get ready to do it, one month would be okay. Anything else you want to add to this? Humphrey: Not at this time. MacCoy: Okay, I'll ask anybody here that would like to make any comment? WAYNE FORREY 3045 THAN PLACE, BOISE WAS SWORN BY THE CITY ATTORNEY. Forrey: Members of the commission, my wife, Karen and I are developing property immediately east of Mr. Humphrey, and I learned tonight about his unfortunate situation in the flood plain, but I came to testify in favor and support of the annexation, and I hope Mr. Humphrey can work that out. I do have some flood plain information because we're developing next door, and I'll share that with Mr. Humphrey and give support what I can, but we wanted to testify in favor or that location. I hope he gets annexed. MacCoy: Okay, thank.you, Wayne. Anyone else would like to make a comment? All right. Any bomments from the commission? What` do you want to do? Smith: Mr. Chairman, l would like to make a motion that we continue this public hearing until our July 14th commission meeting? PLANNING AND ZANG COMMISSION • JUNE 9, 1998 PAGE 48 Nelson: Second. MacCoy: Any discussion? All in favor? MOTION CARRIED: All ayes. ITEM NO. 16: R C WILLEY SITE PLAN REVIEW BY CSHQA — EAGLE & FRANKLIN ROAD: MacCoy: Do you want to swear him in for anything? Prior: I will swear at him if you want. MacCoy: No, shut up John. Prior: Well, you're getting the hang of it. MacCoy: You can step up to the podium and give us your presentation. Lowe: My name is Jerry Lowe. I'm with CSHQA Architects, and I'm here representing R C Willey. R C Willey is a major home furnishings company based in Salt Lake City. They have several store in that area. They are a very sizable firm, and they purchase land on the corner of Franklin and Eagle. A 22 acre site, and they would like to construct (inaudible) and 50,000 square foot (inaudible). Eagle Road north up this way Franklin Road on the corner. If you're familiar with this site, the site drops off pretty significantly from Franklin Road to the north, there's about a 15 to 18 foot drop from the street and about a hundred feet, so it drops off and then it's pretty level. There's a railroad track that borders and then Evan's drain borders the north side of the property, and this was part of the previously submitted preliminary plat for 64 acres plus or minus to the east. This is about 22 acres. The agreement between R C Willey and the previous owner, Ron Van Auker, was to allow access from Eagle Road through the property to the Van Auker's property to the east. The only permitted access off of Eagle is an alignment with Lanark Street, and in order to optimize a use of this site, we've routed a road which will be built to ACHD standards around the perimeter and .then connect back up on Franklin Road right along the property. We're proposing that we construct half the street on Willey's site and half the street on Van Auker's property per their agreement, the sales agreement. By default because of the requirement to align Lanark with the alignment across the street, we've ended up with a piece of property that really Willey had no intention of developing anything more on this site. We've ended up with a small piece of land here that has the potential for future development, but there's no plans at this time of what that might be or how it will be handled. The site, in order to maximize visibility, where (inaudible) the building towards the intersection of MERIDIAN PLANNING & ZONING COMMISSION MEETING: JUNE 9, 1998 APPLICANT: WILLIAM C. HUMPHREY AGENDA ITEM NUMBER: 15 REQUEST: ANNEXATION & ZONING OF 1 18 ACRES (R-2) AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATT CITY PO CITY FIRI CITY BUI MERIDIA MERIDIA ADA CC ADA CC CENTRA NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: COMMENTS COMMENTS 1 "� i US -WEST: Y1/�`�` INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. BOISE PROJECT RIGHTS - 40,000 • 0 R]ECEIVE]) J U N - 5 1998 ORGANIZED] 904 CITY OF T�ERIDr A *r i • . w • .1111 1 V 1.11L zi• lfil�j 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX '# 208-463-0092 1 June 1998 Phones: Area Code 208 OFFICE: Nampa 466-7861 Will Berg, City Clerk SHOP: Nampa 466-0663 City of Meridian 33 East Idaho Meridian, ID 83642 - RE: Annexation & Zoning of 1.18 Acres - William C. Humphrey Dear Commissioners: The Fivemile Drain courses along the east boundary of the project. The District's right-of-way on the Fivemile Drain is 100 feet; 50 feet from the center each way. See Idaho Code 42 -1208 -- RIGHTS-OF-WAY NOT SUBJECT TO ADVERSE POSSESSION. This is a contract drain with the Bureau of Reclamation, contact John Caywood at 344-1141 for their right-of-way easement. The developer must contact John P. AndersA or Bill Henson at 466-0663 for approval before any encroachment or change of right-of-way occurs. The Nampa & Meridian Irrigation District requiires,"a Land Use Change/Site Development application be filed for review prior to final platting. -,,,All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage I leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. Contact ,Donna Moore at 466-7861 for further information. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water 'be made available to all developments within the Nampa & I-rleridiar\Irrigation District. Sincerely, Ball Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH. "s HUB OF TREASURE VALLEY Mayor } z ROBERT D. CORRIE A Good Place to Live Council Members CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD, RFC' Vi T ED JUN 02 19-98 MEMORANDUM: C ; ' , ' JTMERIDIAN To: Planning & Zoning Commission, Mayor ,& City Council From: Bruce Freckleton, Assistant to City Engineer Shari Stiles, P&Z Administrator LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208) 884-5533 June 1, 1998 Re: - Request for -Annexation and Zoning of 1.18 Acres to R-2 by William C. Humphrey. We have reviewed -this submittal and offer the following comments, as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by ,motion of the Meridian City Council: GENERAL COMMENTS 1. The annexation description provided with this application appears to meet the requirements of the State of Idaho Tax Commission, and the City of Meridian. 2. Any existing irrigation/drainage ditches crossing the property, except the Five Mile Creek, shall be riled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 3. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 4. City records indicate that this residence is currently only being served by city water and trash collection services. Our records also indicate that double assessments for sewer service was paid in December of 1997. Billing records don't reflect the change in service to include sewer service, nor has a plumbing permit been issued. Has the residence been connected to the city sewer system yet? If so, was a permit and inspection obtained by the State Plumbing Bureau? hi mPhrey.AZ P&Z Commission, Mayor & City. Council June 1, 1998 ;Page 2 SITE SPECIFIC COMMENTS 1. The Applicant currently resides in a 530 -square -foot home on the subject property. The. Applicant got approval from the City of Meridian to hook up to sewer and paid his double assessment fee so he could build a new 1,765 -square -foot home. Ada County refused his request for a building permit because he plans to leave the existing bam on the site, and their ordinance requires that an accessory building be at or behind the setback for the principal dwelling unit. The Applicant is requesting annexation and zoning to enable him to get a building permit for, a new dwelling. The existing dwelling will be removed prior to a Certificate of Occupancy being issued for the new home. 2. Five Mile Creek is designated as a multiple -use pathway in the Meridian Comprehensive Plan. A development agreement could be required as a condition of annexation outlining specific details of future pathway plans; however, a simple deed restriction would probably be just as effective due to the nature of this development. hwvp&eyAZ Mayor ROBERT D. CORRIE Council Members CHARLES ROUNTREE _HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN GLENN BENJYP,cE'x7 L RON ANDE KEITH BIRD MAY 2 0 1998 CIS: -n MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING I DEPARTMENT (208)884-5533 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 recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: JUNE 2, 1998 TRANSMITTAL DATE: MAY 18, 1998 HEARING DATE: JUNE 9, 1998 REQUEST: ANNEXATION AND ZONING OF 1.18 ACRES OF LAND BY: WILLIAM C. HUMPHREY LOCATION OF PROPERTY OR PROJECT: 939 E. PINE JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER PARKS DEPARTMENT CITY FILES 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 & FI AL PLAT) BUREAU OF RECLAMATION(P E & FINAL P T IDAHO TRANSPORTATION P TMENT YOUR CONCISE REMARKS: ' Mayor ROBERT D. CORRIE Council Members CHARLES ROUNTREE 0 HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN GLENN BENRON ANDA YCIEED 1 V ,� KEITH BIR%AY 2 0 1998 -Ir MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208)884-5533 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 recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: JUNE 2, 1998 TRANSMITTAL DATE: MAY 18, 1998 HEARING DATE: JUNE 9, 1998 REQUEST: ANNEXATION AND ZONING OF 1.18 ACRES OF LAND BY: WILLIAM C. HUMPHREY LOCATION OF PROPERTY OR PROJECT: 939 E. PINE JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z ^_KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE; C/C KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT SEWER DEPARTMENT +BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY +_CITY ENGINEER CITY PLANNER PARKS DEPARTMENT CITY FILES 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) IDAHO TRANSPORTATION DEPARTMENT � YOUR CONCISE REMARKS: / / r V D Z Cir' 7 OU . .� , AWL Cp CENTRAL CENTRAL DISTRICT HEALTH DEPARTMENT DISTRACT Environmental Health Division GENE/ D HEAETH DEPARTMENT MAY 2 9 1998 Reione # ,�N� X��diJ / ° ��c�Es r�r i' Of MERIDIAN Conditional Use # Preliminary / Final / Short Plat Gee.,11 ij E Return to: ❑ Boise ❑k EPggie ❑ Garden City 1�4Mericli'an ❑ Kuna ❑ ACz { ❑ I. We have No Objections to this Proposal. ❑ 2. We recommend Denial of this Proposal. ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of - El high f:❑high seasonal ground water ❑ waste flow characteristics ❑ or bedrock from original grade ❑ other ❑� 6. This office will, require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 0 ® 8. After written approval from appropriate entities are submitted, we can approve this proposal for: central sewage ❑ community sewage system ❑ community water well ❑ interim sewage 29 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. Run-off is not to create a mosquito breeding problem. r ❑ 11. This Department would recommend deferral until high seasonal ground water can -be determined if other' considerations indicate approval. ❑ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage s Regulations. ❑ 13. 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 ❑ 14. Date /0 //0 Reviewed By7 c0e010/91 rcb, rev. 7/97 ' Review Sheet