HomeMy WebLinkAboutBarrus, Brent AP•
APPEAL APPLICATION FORM
Appeal of Decision of:
Applicant:
Address:
Phone Number:
Zoning Administrator
City Engineer
Building Department Staff
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Other (Spec
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Fee: 100.00
Signature
HUB OF TREASURE VALLEY
Mayor
ROBERT D. CORRfE
Council Members
CHARLESROUNTREE
GLENN BENTLEY
RON ANDERSON
KE[TH BIRD
January 21, 1999
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 • Fax (208) 887-4813
Mr. Scott Cook, Planner II
Ada County Development Services
650 Main Street
Boise, ID 83702
Re: 98-34-ZC BRENT BARRUS
Dear Mr. Cook:
LEGAL DEPARTMENT
(208) 884--1264
PUBLIC WORKS
BUILDING DEPARTMENT
i2osl ss~-221 I
PLANNING AND ZONING
DEPARTMENT
(208)884-5531
The property included in the application referenced above is located in the Meridian
Urban Service Planning Area. This area has a future use designation ofmixed/planned
use development. The above-referenced request for rezone is not in compliance with the
following policies of the Meridian Comprehensive Plan:
LAND USE -Page 29
6.3 Although it is recognized that urbanized development does exist within the rural
areas of the Area of City Impact, the rural lands should be kept in agricultural
production as long as possible until urban services (municipal sewer and water
facilities and other essential services) can be provided. In regard to single family
dwelling on 5- or 10-acre tracts the following shall apply:
a. Within the Area of City Impact but outside of the Urban Service Planning
Area, one single family residential building may be constructed on a 5 or
10 acre lot without municipal sewer and water services being provided if
Central District Health Department approves private sewer and water
service.
b. Within the Urban Service Planning Area one single family residential
house may be placed on a 5 or 10 acre tract provided dry line sewer and
water lines are installed and constructed, and plans and layouts for roads
are made and provisions are made for future re-subdivision of the 5- or 10-
acre tract to an urban density as shown in the Comprehensive Plan Land
Use map.
•
Mr. Scott Cook
January 21, 1999
Page 2
c. Within the Urban Service Planning Area development may occur in
densities as low as 3 dwelling units per acre if physical connection is made
to existing City of Meridian water and sewer service and the property is
platted and subdivided in accordance with Ada County Zoning and
Subdivision Ordinances Policy. Development density below three
dwelling units per acre may be allowed by conditional use permit if a
cost/benefit analysis indicates positive impacts to the City of Meridian.
Connection to city water and sewer utilities is required.
We ask for your assistance in being consistent in requiring five-acre minimum lot sizes
and not allowing rezoning of RT property until such time as municipal services are
available. The Meridian Planning & Zoning Commission, in its meeting of January 12,
1999, requests that the application be denied. Idaho State Code also requires signature of
the City of Meridian on all plats within its area of impact, and the City of Meridian is not
willing to sign such a plat.
Thank you for the opportunity to comment on this project. If you have any questions,
please do not hesitate to contact me.
Sincerely,
CITY OF MERIDIAN
. ~~~
~/~
Shari Stiles
Planning & Zoning Administrator
ADA COUNTY - _**` _-~~
DEVELOPMENT SERVICES _ ~ J ~~
PHONE: (208 364-2277 9
) 650 MAIN STREET, BOISE, IDAHO 83702 P.~
FAX: (208) 364-2406 ~ of
BUILDING ENGINEERING PLANNING ZONING
TO:
DATE: February 16, 1999
Ada County
X_Assessor
Building Division
Engineer
Parks Dept./Donna Griffin
X_Zoning Division/Mapping
X G.I.S.
Solid Waste Mgmt./Dave Neal
X EMS
Other Agencies
X A3a Plaraiing Assn.
X Central District Health
Boise Airport Director
Boise Planning 6 Zoning/Richard Cook
Boise Public Works/ivan Butterfield
Bureau of Reclamation
Boise Project Board of Control
Irrigation District
Drainage District
X_Meridian Cemetery
Natural Resource Conservation Serv.
Div. of Environmental Quality
X Meridian Library
FROM: Scott Cook, Planner II
RE: 98-34-ZC BRENT BARRUS
Utilities
Idaho Power
Intermountain Gas
U. S. West
Water Co.
Dept. of Water Resources
REcErvg,D
FE B 1 ~ 19~~~
CITY OF MERIDIAN
Bureaa3 0£ Land Managenait
Boise Fire Department
X Meridian Fire District
Chevron Pipeline
Northwest Pipeline
X Ada County Highway District
Idaho Transportation District
Meridian School District
X City of Meridian
U. S. Post Office
Neighborhood Assn.
X Pest Extermination
X Mosquito Abatement
The Board of County Commissioners received a recommendation of approval for a zone change from RT
(Rural Transition) to R1 (Estate Residential). The property contains 7.35 acres and is located at 5720 W.
Overland Road, Meridian, ID; Section 16, T.3N, R.1W.
Your agency was notified. of this application prior to the Planning and Zoning Commission's public
-- ---
hearing. State law requires that we notify of the Board's hearing, but because of the previoas notice
we-have not included the attachments. Additional comments on your part are not necessary unless you
have new information or conditions have changed. ~ .
-This application is scheduled for public hearing by the Board of Count} Commissioners on March 24,
1999, in the 3`d floor hearing room of the Ada Countv Administration Building, 650, Main Street, Boise, ID
and is scheduled to begin at 6:00 p.m.
Please submit your comments, on Agency Letterhead, by March 12, 1999 (make specific reference to
the File No.). Anon-response shall be considered as "No Comment".
•
MERIDIAN CITY COUNCIL MEETING: MARCH 16 1999
APPLICANT: BRENT BARRUS AGENDA ITEM NUMBER: 12
REQUEST: APPEAL OF PLANNING AND ZONING COMMISSION'S RECOMMENDATION TO ADA
COUNTY DEVELOPMENT SERVICES
AGENCY
CITY CLERK:
COMMENTS
SEE ATTACHED INFORMATION
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
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:
a~~`4
~'J
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 MEETING: JANUARY 12, 1999
APPLICANT: ITEM NUMBER: 14
REQUEST: ADA COUNTY DEVELOPMENT SERVICES: 98-34,ZC BRENT BARRUS
AGENCY COMMENTS
CITY CLERK: SEE ATTACHED INFORMATION
CITY ENGINEER:
CITY PLANNING DIRECTOR:
C17Y ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT: c
CITY BUILDING DEPT:
CITY SEWER DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
REVIEWED
~ ~L cam'
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
~~
~ ~d
U'1 ' rV;
All Materials presented at public meetings shall become property of the City of Meridian.
PLANNING AND ZING COMMISSION •
JANUARY 12, 1999
PAGE 106
MacCoy: I don't see any problem with number 12.
Stiles: Number 12 it looks like they just want to do RV storage and no problem?
Smith: It looks good.
13. ADA COUNTY DEVELOPMENT SERVICES: 98-04-ZOA ACCESSORY
BUILDING STANDARD AMENDMENT:
MacCoy: 13 is -what is it? It's changing a title. We don't know anything about
it.
Stiles: They're amending accessory building standard and I don't know what the
details are. I've got the cover page for it, but I don't know where the rest of it is.
MacCoy: So you've got to take care of that one.
De Weerd: We don't have it either.
Stiles: They used to have a standard that they can only have a certain
percentage of the original house. Then you could have for additional house. So
I don't know what the change is. I guess I need to look at that.
MacCoy: Then we can't vote on it then.
14. ADA COUNTY DEVELOPMENT SERVICES: 98-34-ZC BRENT
BARRUS:
Stiles: And the final one Brent Barrus to be consistent with our comprehensive
plan we need to say that they've got minimum five acres until they hookup to
sewer and water.
De Weerd: Okay.
Smith: Sounds good.
MacCoy: I don't care. Go ahead.
Borup: Well the only concern I had is no access to the properties they're
dividing. Are there?
Stiles: Well we could mention that too.
MacCoy: Just go ahead because already we got from Skip you say he doesn't
approve it because of the fire truck and I agree with that, but I think it's -
PLANNING AND Z~NG COMMISSION
JANUARY 12, 1999
PAGE 107
Borup: Yeah, no fire truck, no access. There's no road.
MacCoy: That's what I'm saying, so you take what you've got here and she
writes a letter based on -
Stiles: But maybe Jeff Manship will buy the lot later and then we can be okay.
MacCoy: Okay. That's all right.
Borup: Well how can the county even approve a subdivision or lot splits without
a plat?
Stiles: They can't.
Borup: It sounds to me like the county wanted us to do something first so they
wouldn't have to.
MacCoy: I don't know. We were given this recent here this last year.
Stiles: I don't know.
Smith: Are we done with that now? We just got one more thing to do? Mr.
Chairman, I would like to make a motion that we adjourn.
De Weerd: I second.
MacCoy: All in favor?
MEETING ADJOURNED AT 12:30 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS.)
APPROVED•
-,
MALCOLM MACCO , CH AN
ATTEST:
/~ ~~-~
ILLIAM G. BERG, JR., Y ERK
• •
Meridian City Council
March 16, 1999
Page 13
you get a signed development agreement because a condition of the annexation and
the zoning designation is the signing of the development agreement and I believe we
have prepared an ordinance for your consideration on this annexation and zoning
designation but I wouldn't recommend you pass that until you have a signed
development agreement.
Bentley: Mr. Mayor I would move we table items 8 and 9 for Thousand Springs
Development pending the signature of the development agreement.
Rountree: Second.
Corrie: Motion has been made by Mr. Bentley second by Mr. Rountree on items 8 and
9 to be tabled until April 6th meeting which entails the development agreement and also
the Ordinance #818. Any further discussion? Hearing none, all those in favor of the
motion say aye.
MOTION CARRIED: ALL AYES.
10. DEVELOPMENT AGREEMENT FOR 8.51 ACRES BY JOHN GOADE (SOUTH
OF TROUTNER BUSINESS PARK BETWEEN WALTMAN LANE AND TEN
MILE):
11. ORDINANCE #819 -ANNEXATION AND ZONING OF 8.51 ACRES BY JOHN
GOAD:
Corrie: Mr. Gigray, you have some comments on this one?
Gigray: Mr. Mayor my comments would the same as the last. I believe this also
involves an annexation and zoning ordinance in addition to a development agreement
and I would have to inquire as to the status of the development agreement.
Corrie: Mr. Clerk.
Berg: Mr. Mayor I do not have a signed development agreement.
Bentley: Mr. Mayor I move we table items number 10 and 11 for John Goade
development until we have the signed development agreement to 4/6.
Anderson: Second.
Corrie: Motion made by Mr. Bentley second by Mr. Anderson to table items numbers 10
and 11, which is the development agreement and also the ordinance #819 until April 6tn
meeting. Any further discussion? Hearing none, all those in favor of the motion say
aye.
MOTION CARRIED: ALL AYES.
12. APPEAL OF PLANNING AND ZONING COMMISSION'S RECOMMENDATION
TO ADA COUNTY DEVELOPMENT SERVICES BY BRENT E. BARRUS:
• •
Meridian City Council
March 16, 1999
Page 14
Corrie: Shari, you're up first.
Sties: Mr. Mayor and Council, this was an application that was referred to us from Ada
County as our Comprehensive Plan has a policy in it that we do not allow less than five
acre lots within our area of impact unless they're hooked up to sewer and water. We
sent the letter at the recommendation of the Planning and Zoning Commission to deny
their application.
Corrie: Mr. Barrus, are you here this evening?
Aiello: I'm not Mr. Barrus, but I'm here representing him. My name is Michael Aiello,
and I live at 5720 W. Overland Road. When we brought this -what we did was we put
in an application for rezone to R-1 to Ada County Planning and Zoning, and they turned
us down based on Meridian City's recommendation that they not allow us to do that.
We currently have an appeal pending with the Ada County Commission. Basically the
Ada County Planning and Zoning was in favor of doing it except for the fact that
Meridian City was against it and because their plan coincides with Meridian's
Comprehensive Plan, they did vote against it although it was a split vote. However the
general feeling was that since Meridian City is requiring us to have sewer and water, but
has no plans at this time to get sewer and water, it's on the south side of the freeway on
the bench and I guess one of the Planning and Zoning Commissioners called Meridian
City and asked when any of that was in the plan to get it sewer and water on that side of
the freeway and it was not in their ten year plan. Because the cost involved apparently
was going to be prohibitive to do that to get it on the other side of the freeway plus up
that hill. (End of Tape)
Aiello: ...I guess what we're asking for is a variance to that so that we can go to the
Ada County Commission and if not a favorable ruling from Meridian City at least not a
negative one. What we -this is my father-in-law's property. What he wants to do is
subdivide it into four maybe three lots depending on how things shake out. Most of the
buildings in that area, if you look at that one mile strip along Overland Road on the
south side of the freeway, all of the property there is zoned R-1 except for my father-in-
law's property. The property just to the north just to the east and the two just to the
west, everything else is zoned R-1. We've talked to Central District Health about the
possibility of septic and water and they said without even doing any research they could
grant us three lots for sure. Four they would have to look into it and wouldn't know if
they would have to do a study, but that would be another time. Also in reviewing the
minutes from the Meridian City Planning and Zoning, what their ruling was on this, I
guess there was some confusion as to why there was no final plat. Ada County does
not require that you do that on a rezone because of the cost involved. It was much
cheaper for us to just go with that, so we put in a preliminary plat what our idea is
basically if we were to get the rezone, we would submit a final plat later again which
Meridian City would have to approve and so we would like to be able to do this. The
reason my father-in-law is doing this, he wants to subdivide is A, he's getting older.
He's in his mid sixties, and the land is getting difficult for him to maintain. Plus he's
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Meridian City Council
March 16, 1999
Page 15
providing for it for my family, my brother-in-law's family so that we can be close so that
we can have our family close together and to be able to provide us frankly with some
property that would be affordable for us to have and to be able to build homes on it. I
guess basically all I have to say and we would like Meridian City's if not
recommendation at least not a negative on that. Thank. you very much.
Corrie: Excuse me, spell your last name.
Aiello: Yeah, it's not A-I-e-I-I-o. I'm surprised at you Will. I used to call you all the time.
Corrie: Okay, thank you very much. Counselor, you want any input on this one? I
guess the evidence that's presented here the Council has to decide whether or not the
recommendation appeal is in error. Is that correct?
Gigray: Mr. Mayor and members of the Council, on this agenda item my review of the
ordinances in question it appears that for this appeal you would have to determine that
there has been an error on the part of the Planning and Zoning Commission in their
recommendation. As I read the file which is part of the record of this matter, it appeared
that the letter which was sent dated January 21, 1999 by Shari Stiles on behalf of the
Planning and Zoning Commission rest the objection to this on page 29, under the
heading land use of the Comprehensive Plan of the City of Meridian. So in this
particular instance it would seem that the applicant on appeal should make some kind of
showing to this Council that the Commission has errantly read or errantly reported the
provisions of its Comprehensive Plan in opposition to their proposed development. I
have included in a memo to you just an overview of items that are in the file and I've
also in that memo for agenda item number 12 provided the relative ordinances of the
Ada County Code relative to amendments to their Comprehensive Plan and their zoning
ordinance which requires in your impact area that they refer it to you, and then the Ada
County Code § 851 which is their definition for an estate residential zone, which is what
I understand applying to have this rezoned as.
Corrie: Council, questions? Discussion?
(Inaudible)
Barrus: Maybe some clarification - My name is Wesley Barrus. I reside at 5545 W.
Overland. We see a little conflict and I don't know if it resides in the City or the County
at this point. Our neighbors three lots down directly after the city had annexed this
property were allowed to rezone their property to an R-1 and that might - I just wanted
to put that towards as well so that you're aware of that. It was the McCoy piece. I don't
know if anybody recalls it. But I would like to bend your ear a little bit. This is where I
want to raise my family. I like this community. I've been here for all my 29 years.
Dad's been gracious enough to let us look at this property, and I would like to ask your
support in this. Thanks.
Corrie: Thank you. I guess the question here Council was the Planning and Zoning
Commission in error when they stating that they were in the difference to the opinions.
Meridian City Council
March 16, 1999
Page 16
C~
Rountree: Mr. Mayor having just heard what I just heard, I have a question for Shari
about there's been a fairly recent rezone, since '93 the passage of our Comp Plan on an
adjacent property within the county. What would have been the justification for that to
have moved forward? What was the City's position on that and what's the difference
between that and where we are now?
Stiles: Mr. Mayor and Council, Councilman Rountree, I'm not aware of what that project
was. I've been here five years and have not been made aware of that application
coming across my desk. I know at least since '97 when we finally did get Ada County
Commissioners to adopt our area of impact, we have been consistent in every case to
require the five acre minimums.
(Inaudible)
Corrie: Council have you heard enough you think?
Bird: I'd it clarified.
Aiello: I'm Michael Aiello, 5720 W. Overland Road, what happened was with the
McCoy's they own the piece of property three lots to the west. They had put in an
application for a rezone and subdivision with Ada County prior to our area falling within
the city impact area. As soon as that went through, I believe it was September of '97.
that went through. Ada County said prior to that, they said no that you couldn't do this,
but once it came in with Meridian City, Ada County went ahead and moved on their own
as far as I know, and I don't think Meridian City was ever contacted, but I don't know
that for a fact, but I know it went right through Ada County and it was approved in
December of '97 from Ada County.
Corrie: I don't recall it. It could be, the County does strange things sometimes. Okay.
Rountree: Are we just taking discussion Mr. Mayor? Timing is kind of critical I guess on
this particular issue and factors in what appears to be some unfairness for the applicant,
but it seems that this particular piece of property now is in the Meridian Area of Impact,
and subject to an agreement that we do have with Ada County as it relates to impact of
development within the county and within our impact area. I don't see any evidence by
applicants that would change or say that the Planning and Zoning decision was in error.
I'd like to be able to work with these folks and I think we have a window of opportunity to
do that given we're in the process of amending our Comprehensive Plan that may
accommodate these kinds of requests in the future, but given the Comprehensive Plan
that we have by ordinance established now, I don't see any way to take any other
different position other than the position of Planning and Zoning as presented to us.
Corrie: Thank you. ,Any comments?
Bentley: Mr. Mayor I too would have to concur with Councilman Rountree. I don't see
any other action that we can take at this time on this.
Corrie: Any other comments? I'll entertain a motion for the attorney to prepare the
proper order of decision that you make.
•
Meridian City Council
March 16, 1999
Page 17
Gigray: Mr. Mayor and members of the Council, in this particular instance you could
move to either find error and therefore grant the appeal and direct that a new letter be
sent to the Ada County, or you could move to deny the appeal of no finding of error and
then so notify the county and we prepare the order, either way.
Corrie: Hearing no further discussion, I'll entertain a motion on your decision.
Bentley: Mr. Mayor I move that the Council of Meridian deny the appeal of the Planning
and Zoning's recommendation to Ada County and instruct the city attorney to prepare
such a letter.
Rountree: Second.
Corrie: Motion made by Mr. Bentley second by Mr. Rountree to deny the appeal based
upon no error made by the Planning and Zoning Commission. Any further discussion?
Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: ALL AYES.
Corrie: I have here that such input from the City shall not be binding or controlling on
the County, but shall be treated as a documentary evidence, so again how they treat
that is up to them. But it's against our Comprehensive Plan as far as the area of impact
was given to us by the County Commissioners at that time.
Unidentified: I guess the problem we have though is that Meridian City in their letter
threatened to lock the subdivision (inaudible) through the County, and if it goes through
the County, are we going to be sitting here in six months doing this all over again?
Corrie: I can't answer that. I don't know the answer.
Gigray: The City if it's in the impact area, the City does approve plats. The final
approval is by the County, but it's in the impact area and the City would have to give its
blessing to it, but that's another day and that isn't something that you can prejudge at
this point.
Corrie: And Mr. Rountree did mention that we are in the process of working on the
Comprehensive Plan and it could be within a year that it could be changed.
13. FINAL PLAT FOR THOUSAND SPRINGS NO. 3 SUBDIVISION BY FARWEST,
LLC -NORTH OF VICTORY ROAD AND WEST OF EAGLE ROAD:
Corrie: Shari, comments from staff?
Stiles: Mr. Mayor and Council, you have our comments dated March 16t", 1999. Ms.
Bowcutt was kind enough to be able to respond today. She has agreed to all of our
requirements. The development agreement that was previously approved for this
subdivision had not exactly errors, but we needed some clarifications on those. I
believe this has already been recorded. Has this been recorded? No, maybe it hasn't
been recorded yet. There were some items if I could speak to these as part of this final
`J
IN THE MATTER OF THE APPEAL )
OF PLANNING AND ZONING )
COMMISSIONER'S )
RECOMMENDATION TO ADA )
COUNTY DEVELOPMENT )
SERVICES )
•
(98-34-ZC)
ORDER OF DENIAL OF APPEAL
AND AFFIRMATION OF NOTICE
BY PLANNING AND ZONING
COMMISSION
This matter coming on regularly before the City Council upon the appeal of
Mr. Brent E. Barrus of the action and response of the Planning and Zoning
Commission. as evidenced in the letter from Shari Stiles, Planning and Zoning
Administrator, to Mr. Scott Cook, Planner II, Ada County Development Services,
dated January 21, 1999, and the Council having received and taking notice of the
files and records of this matter received from the Planning and Zoning Commission
and Administrator, and the filing having been made to the Council, and the Council
having heard the report of the Planning and Zoning Administrator, and appearing for
the appellant was Michael Aiello, son-in-law of the appellant, and being fully
informed in the premises:
The City Council makes the following Findings:
1. Mr. Brent E. Barrus seeks to rezone the subject real property (7.09.)
acres at 5720 West Overland, Meridian, from (RT) Rural Transition to
Estate Residential Zone (R1), and the same is within the Impact Area of
the City of Meridian; and
ORDER OF DENIAL OF APPEAL AND AFFIRMATION
OF NOTICE BY PLANNING AND ZONING COMMISSION - 1
•
2. The Planning and Zoning Commissions action and resultant letter was
based upon the fact that the real property is located in the Meridian
Urban Service Planning Area and has a future designation of
Mixed/Planned Use Development, and that the application was not in
conformance with the narrative provisions of the City's Land Use
Designation found at Page 29 of the Comprehensive Plan of the City of
Meridian under the heading Land Use. A summary of the provisions
reveals that the Comprehensive Plan Goal is that single-family dwellings
within the Urban Service Planning Area provides lsingle-family
dwelling per 5 or 10 acre tract, provided dry line sewer and water lines
are installed and constructed, and plans and layouts for roads are made
and provisions are made for future re-subdivision of the 5 or 10 acre
tract to an urban density as shown in the Comprehensive Plan Land Use
Map.
3. The appellant intends to develop the subject 7.2 acre parcel into four
(4) lots for the construction of residents upon each lot.
4. The appellant presented no evidence that the action of the Planning and
Zoning Commission was in error.
CONCLUSION OF LAW:
1. The authority for the Council to act in this matter is set forth in its
Zoning and Development Ordinance at § 11-2-404 D (a) which
provides: "The Council shall hear and decide appeals where it is alleged
there is an error in an order, requirement, decision,. interpretation or
determination made by the Administrator, Commission or Building
Inspector."
Now therefore, IT IS HEREBY ORDERED AND THIS DOES ORDER
THAT:
1. The action herein appealed of the Planning and Zoning Commission is
hereby affirmed; and
2. The appeal of the appellant is hereby denied.
ORDER OF DENIAL OF APPEAL AND AFFIRMATION
OF NOTICE BY PLANNING AND ZONING COMMISSION - 2
C
By action of the City Council at its regular meeting held on Q ~Gh• 16f-
1999.
RO RT D. CORRIE
ayor, City of Meridian
Copy served upon Applicant, Mr. Scott Cook -Planner II of Ada County
Development Services, 650 Main Street, Boise, Idaho 83702, and the Planning and
Zoning Department and the Public Works Department.
By: ~ Dated:
ity Clerk = ~fi~L
msg\Z:\Work\Nl\Meridian 15360M\Barrus Denial\OrderDenialMarl9 ~y1 ti4'i~
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~~~i1i)ii 111i1~~~~
ORDER OF DENIAL OF APPEAL AND AFFIRMATION
OF NOTICE BY PLANNING AND ZONING COMMISSION - 3
WHITE, PETERSON, PRUSS, MORROW ~t GIGRAY, P.A.
ATTORNEYS AT LAW
JUSTIN P. AYLSWORTH
JULIE 1~LEIN FISCHER
WM. F GIORAY, Ill
D. SAMUEL JOHNSON
WILLIAM A. MORROW
CHRISTOPHER S. NYE
PHILIP A. PETERSON
STEPHEN L. PRUSS
ERIC $. ROSSMAN
TODD A. ROSSMAN
R. STEPHEN RUTHERFORD
TERRENCE R. WHITE
200 EAST CARLTON AVENUE, SUITE 31
POST OFFICE BOX 1150
MERIDIAN, IDAHO 83680-1150
TEL (208) 288.2499
FAX (208) 288.2501
NAMPA OFFICE
104 NINTH AVENUE SOUTH
POST OFFICE BOX 247
NAMPA, IDAHO 83653-0247
TEL (208) 466.9272
FAX (208) 466.4405
William G. Berg, Jr.
City Clerlc
33 East Idaho Street
Meridian, Idaho 83642
Re: BRENT BARRUS APPEAL
Dear Will:
PLEASE REPLY TO
MERIDIAN OFFICE
REcE~D
MAR 2 2 1999
CITY OF MERIDIAN
Regarding the above referenced matter, please find enclosed a copy of the
ORDER OF DENIAL OF APPEALAND AFFIRMATION OF NOTICE BY PLANNING
AND ZONING COMMISSION for approval and signature by the Mayor and yourself.
Please serve a copy of the ORDER, upon the Applicant, and also note I have included
Mr. Scott Coolc of the Ada County Development Services at 650 Main Street in Boise,
with a Certificate of Service in the file and a copy to Planning and Zoning and Public
Works.
If you have any questions, please give me a call.
Very truly
m. F
Email via Internet @ wfg@wppmg.com
March 19, 1999
III
msg/Z:\Worlc\Ni\Meridian 15360M\Barrus Denial\ClerlcLtrMarl9
•
MEMO
TO: Gary Smith, City Engineer
Shari Stiles, Planning & Zoning Administrator
Skip Voss, Fire Marshall
William Gigray, III, City Attorney
R,~°E~D
F d,
~~~;,
a~~ n~ '°
CITY OF MERIDIAN
From: City Clerk's Office /a`, _ ~~ ~ ~C ~V~~I~~~~~_
Re: Ada County Development Services Department Notices and Attachments
Please note, the attached documents were received by the City Clerk's OfF~ce
from the Ada County Development Services Department Director on the % 5
day of SuLQ,4'~1 /~ , 1998.
Pursuant to the County Code Section 9-4-4 (C), the Meridian Planning and
Zoning Commission or the Meridian City Council shall make recommendation to
the Ada County Development Services Department Director on the attached
application, in writing, and shall cite the Meridian Zoning and/or Subdivision
Ordinance or the Meridian Comprehensive Plan policies, goals, objectives, or
provisions supporting such recommendation. Such recommendation shall be
submitted in writing to the Ada County Development Services Department
Dire t~,,r,~,prior to the public hearing which is scheduled for the ~~ day of
Your department should review the attached material for appropriate response by
the City of Meridian Planning and Zoning Commission for their next regularly
scheduled meeting to be held , 199
jOl,O C~6vv1 wt~.~nd- -
9""~r_
Meridian City
Clerk's Office
~ ~ ~ ~~ ~'~
Meridian City
Clerk's Office
MEMO
TO: Gary Smith, City Engineer
Shari Stiles, Planning & Zoning Administrator
Skip Voss, Fire Marshall
William Gigray, III, City Attorney
From: City Clerk's Office /)`, _ ~, J, _ ~C ~V~ ~~~~~_
Re: Ada County Developme~/ntbServi?c"es Department Notices and Attachments
Please note, the attached documents were received by the City Clerk's Office
from the Ada County Development Services Department Director on the ~
day of ~G, X'b1 n , 1998.
Pursuant to the County Code Section 9-4-4 (C), the Meridian Planning and
Zoning Commission or the Meridian City Council shall make recommendation to
the Ada County Development Services Department Director on the attached
application, in writing, and shall cite the Meridian Zoning and/or Subdivision
Ordinance or the Meridian Comprehensive Plan policies, goals, objectives, or
provisions supporting such recommendation. Such recommendation shall be
submitted in writing to the Ada County Development Services Department
Dire r, prior to the public hearing which is scheduled for the ~~ day of
1999
Your department should review the attached material for appropriate response by
the City of Meridian Planning and Zoning Commission for their next regularly
scheduled meeting to be held 1 gg~
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650 Main Street A~COUNTY DEVELOPMENT SERVi~.`E~
Boise, ID 83702 REZONE APPLICATION
(208) 364-2277
SUBMITTALS
For detailed instructions, please see the handout entitled, "GUIDE TO COMPLETING APPLICATIONS".
/^ 1. Detailed letter by applicant explaining the rezone application.
~/Q 2. Scaled site plan showing all structures. ^ Full size ^ Reduced (8'/z" x 11")
t/t] 3. Aerial of the site from APA Mapping.
v[] 4. Zoning map from APA Mapping.
,/^ 5. Evidence of proprietary interest.
~[] 6. Proper fee in cashier's check, money order, or cash.
~] 7. Metes and bounds legal description of the property to be rezoned.
,~] 8. Alultiple Copies. If the rezone application is coupled with a plat application, no additional copies are necessary
require 20 additional packages containing one each of the following documents:
^ this application form,
^ the application letter (see item 1 above),
. ~'.;>J
^ zoning map (see item 4 above), ~;? :~~-_.''
metes and bounds legal description, (see item 7 above), and ~~1,~=`~;~-'
the full size site plan (see item 2 above). 5' ~ ` `~ ~?'~
t w . Tit-''.
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If it is not, ~~ e
~6~~ ~ ~ ~
SITE LVFORAIATION: ~ ~ ~
Location: Quaver: Section: Township: .~ ~~:~ ~ ~,(~ Total Acres: ~- ° ~
Subdivision Name: I..ot: Block:
Site Address: o'~?ZO ty: ~ Existing Land Use: Y-eSldc+~-fia~ Zoning: ~T
Tax Parcel Number: d~/ot/le .~~7/~D D Area of Ciry Impact: ~Gri~~P~_..~ ;
O~ti'\~R: ~ APPLICAh"T:
\ame: i ~n~ ~Cw-t"[,C C Name: .c .~
Address: ~ ~ ~C CJ • ~'~~t%I~C~Lt-d Address: L2 CL~L:~~~.
Cite: ~rCt i ~~~•.~ State: ~ Zip: Flo r/~ Ciry: t„~ State :::~ Zip: ~ ~3w
Telephone: ~''~'~~~D-7~ Fax: Telephone: ;~S7-I9c~_ Fax:
[ hereby certif}~ that information on this form is
correct to the bes[ of my knowledge.
i1 ' /~ jo 9~
Sie ~, re: (Owner) Date
I hereby cevify that information on this form is
correct to the best of my knowledge.
., ~ )
~-<Sigriature: (Applicant) Dz;e
OFFICE USE ONLY
File \i~.: ~>~/._f_. Fee: ~(~~`3,00 Received By: ~j~ Date: ~~/C~9Ej GIS Breakdown: ~y"j/~ L'~
-f~
X-Ref: Lo;: ~ History Iv1ap: Prog. Sheet: / Stamped:
I
:~ssizned To: Staff Level: - P&Z: - Z ~~ BOCC: Z-{~--~~ Neigh. Mtg:
`Lonin~: ('~ Area of Impact: Ma USPA: ~~.~ Airport: _ Southwest. -
Flood Zonz:- Greemvay: - Pipeline: - Wildlife/Hillside: - Wildland:.-
rtiised 7^lr9S r:\ldst\planningld~xslform;\REZO~E DOC
Page 2 ,. ~ COUNTY DEVELOPMENT SEP"'~~
. REZONE APPLICATION
GENERAL L\TORri1ATION:
Please number all existing structures on the site plan and note the square footage and use below. (Attach additional sheets if necessar} .)
Structure 1: St-{00 sq. ft. Use: 1~E510~)!~z )-fG,^,E.
Structure Z: I SZS sq. ft. Use: ~ur7P t-,be.ts2 ~Sia~v}•G~E
Structure 3: ~~Cti sq. ft. Use: 13t?~~v / 5/~.~~ _
Structure 4: sq. ft. Use:
Fire Protection District: t1~lla~ Irrigation District: /'v'.'i~`-tr~A- h~ZJ~;~
Sewage (method of disposal): S~r~c- Other Taxing Districts:
Domestic Water Supply (provide water company name if applicable): L(1rCLt.
REZO\~ L\'FOR:~IATION
Rezones are considered for approval by the Board of Ada County Commissioners after receiving a recommendation from the Ada Counn
Planning and Zoning Commission. The Commission and the Board must review the following criteria prior to acting on your application.
The proposed rezone:
a. complies with the Ada County Comprehensive Plan;
b. complies with the provisions outlined for the zone, specifically the purpose statement;
c. is consistent and compatible with the overall land use pattern and existing zoning designations; ~ ,
~1~
d. shall not constitute special or privileged treatment of the parcel of land; ,\,~'`~~'
e. shall benefit the public interest and not solely the subject landowner; and ~„ Z,^~ ,
f. shall not be materiall detrimental to the ublic health, safe and welfare. ~`" ~ `` `' '~~~~
Y P ry ~ r~~, ~ ~~: n
,\~~~ ~~
1. Proposed Rezone: From ~ To ~ 1 4`,~, ~~'J
2. Land Uses Adjacent to the Rezone Site. .~ ~
North ~f5t1~~f-z East ~SiD~7)flc..
South 1~b21U1L'rza2~ Nest TZ~SIbE~~ie-
3. Proposed Use(s): Residential ~ Commercial Industrial
a. If residential, indicate number of units:
Single Famil`~ Detached N
Duplex QS
i~lultifamil~
b. If commercial or industrial, indicate square footage and specific use of proposed structures (anach additional sheets if needed;:
Structure 1: sq. ft. Use:
Structure 2: sq. ft. Use:
Structure 3: sq. ft. Use:
Structure 4: sq. ft. Use:
Structure 5: sq. ft. Use:
-t. Describe the public interest that may be served by rezoning this propert}~ as you propose.
~E.. Lr'7\.t~ ) j ~~P-~'zy rV c ~ 3 ~~~-G i,~54.D ~ Fic cft'7 Fcz T1,~ i A c.2£. ~u22cu-,~ • ..C- ?7J~ fins r ~,
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iv~~t_ ~,uu~~f+SE ?7~ cctc.a-L ~ T73~ R~tS~ And <<~~~~ uDr:ruk~r nlf, r'~P.~,~ cif ~t /~iC~i&.~r~~
~. -^ • •
To Whom It May Concern:
We have 7.09 acres located at 5720 West Overland Road in Meridian (parcel #7000 of SE4 SW4 Sec 16
3N I W #346800B).
We intend to split it into four lots including our existing home. We have lived here for 40 plus years and
wish to divide off three lots for our children to build on.
The land hasn't been used for agricultural purposes for many years. The property sits on the rim above the
freeway and is mostly gravel and hardpan under the topsoil. The slope of the land also makes farming it
impractical.
a~-
Six of the seven acres, which are currently vacant, j~ a fire hazard. Allowing development will greatly
reduce the fire hazard. It will also increase the tax base, not only by the addition of new homes, but by
upgrading the appeal of the neighborhood.
Most of the lots here on the rim are already zoned for one-acre development and they have been developed
into subdivisions. We site Apache Heights and Meadow Hills subdivisions. Also, our neighbor, Mr.
McCoy, successfully rezoned his five-acre parcel to Rl (see zoning map) last year.
As we are on the rim and literally sitting between two gravel pits (Blackcat and Busy Bee) appropriate
water disposal through septic systems and drainfields will not be a problem. We intend to set wells to
service the new homes. This is not a problem. Ground water here, although deep, is abundant and of high
quality.
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ADA COUNTY DEVELOPMENT APPLICATION
FILE NO. 98-34-ZC
RT N
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RT Zoning For Information Contact:
ADA COUNTY
<> Incorporated Areas DEVELOPMENT SERVICES
650 MAIN STREET
BOISE, IDAHO 83702
1000 0 1000 2000 Feet 208-364-2277
• • CO
ADA COUNTY *** .
ES ~ ~~=
DEVELOPMENT SERVIC
PHONE: (208) 364-2277 650 MAIN STREET, BOISE, IDAHO 83702
FAX: (208) 364-2406 F ~
BUILDING ENGINEERING PLANNING ZONING
DATE: December 30, 1998 RE(~EjVEj~
T0:
AcTa County
X Assessor
Building Division
Engineer
Parks Dept./Donna Griffin
X_Zoning Division/Mapping
X G.I.S.
Solid Waste Mgmt./Dave Neal
X EMS
Other Agencies
_x Ada Plarming Assn.
X Central District Health
Boise Airport Director
Boise Planning & Zoning/Richard Cook
Boise Public Works/IVan Butterfield
Bureau of Reclamation
Boise Project Board of Control
Irrigation District
Drainage District
X Meridian Cemetery
Natural Resource Conservation Serv.
Div. of Environmental Quality
X Meridian Library
FROM: Scott Cook, Planner II
RE: 98-34-ZC BRENT BARRUS
The Ada County Planning and Zoning Commission will hold a public hearing on February 11, 1999 at
7:00 p.m. in the Les Bois Room of Boise City Hall, 150 North Capitol Blvd., Boise, ID to hear a request
for:
A zone change from RT (Rural Transition) to R1 (Estate Residential). The property contains 7.35 acres
and is located at 5720 W. Overland Road, Meridian, ID; Section 16, T.3N, R.1W.
Please submit your comments, on AgencYLetterhead, by January 27, 1999 (make specific reference to
the File No.). Anon-response shall be considered as "No Comment".
ATTACHMENTS:
Utilities
Idaho Power
Intermountain Gas
U.S. West
Water Co.
Dept. of Water Resources
Bum of Land Managenslt
Boise Fire Department
X Meridian Fire District
Chevron Pipeline
Northwest Pipeline
X Ada County Highway District
Idaho Transportation District
X Meridian School District
City of Meridian
U.S. Post Office
Neighborhood Assn.
X_Pest Extermination
X Mosquito Abatement
CITY OF MERIDIAN
1. Land Use Application
2. Applicant's Statement
3. Site Plan
4. Vicinity Map
** TX CONFIRM~N REPORT **
AS OF FEB 22 '~J 1317 PAGE.01
CITY OF MERIDIAN
DATE TIME TOiFROM
04 02122 13 17 PUBLIC WORKS
Will Berg
Meridian City Clerk
33 East Idaho Street
Meridian, Idaho 83642
MODE MINiSEC PGS CMD# STATUS
OF--S 00'11" 001 209 OK
~+ +CE~ i
FEB 2 2 9998
CITY OF MERIDIAN
Dear Sir:
We hereby request to be heard before the Meridian City Council at .their next public
meeting, March 2, 1999, regarding a zone change request to the Ada County Planning and
Zoning Commission, file no. 98-34-ZC.
We intend to develop seven acres located at 5720 West Overland Road into four lots for
ourselves and our children. We were turned down by Ada County because of the
recommendation of Meridian City Planning and Zoning. We therefore request a review of
this matter by the city council so that our request with Ada County might be granted.
Sincerely,
~~
Brent E. Barrus
5720 West Overland Road
888-2074
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CITY OF MERIDIAN
"Hub of Treasure Valley"
33 E. Idaho
Meridian, Idaho 83642
888-4433
customer's
Order No. Date
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Phone: ~
SOLD BY
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PRINTED IN U.S.A. ~ vpSOYINK _ CV ~uvuv~'lQj{~BU/
• i
Brent E. Barrus
5720 West Overland
Meridian, ID 83642
""~-~`~ 1, 1999
T { 'J
~~
. ~"
REcErvED
MAR 0 5 1999
City of Meridian
City Clerk Office
Q and, between Blackcat and McDermott. We
and operated Meridian Paint and Glass fior 15
Aeridian Schools, and Meridian Organizations
Went of the City and its people for many years,
r, ~on a city basis because we live outside the city
of the quality of life, the good schools, the
ave enjoyed here. We desire our children and
we have enjoyed for so many years.
~'
k
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t~
agh Canal. We have lived here for over 40
nd allowing our children to build homes close
,our children and grandchildren in our
red fora 5 acre farm. This zoning classification
f a hill that slopes downward to the
- that faces Overland road has no water rights
(~ ~ 'he lower part, which does have water rights,
;irrigated. Believe me, I have tried to farm this
~. :ed anything to make it worthwhile. it has
The only reason we have kept it, was to
ow in position to build their homes.
approved, there will be immediate benefits to
fire hazard of uncontrolled weeds, increase
p~ ~ ghborhood. There will be no impact to any
~ ~ _~,.~~
"~ .~A`; ,~~ nd the school for this area. All of our
,_, ` ~, of our land. In fact, our neighbor Mr. McCoy,
~~ ;ar after this area was included in the
. ~a:. ~,
:3 J~
~ including our existing home (see sketch).
~ ~ Mend to reserve the 1 acre lot in front (lot #2)
rn Id a smaller home when we can no Ion er
N ` J 9 ~ ~~
~ V I
C ~ ~ f ~ ~ ~ cur property. We were denied by Ada County
co ~ ;, r ~ ~ ~ ian. Ada County made it plain that they
' ,nded that they deny us. As it was, we
;ommissioner's comment was " ...you mean
own property because tf'~e City of Meridian is
~~ °~ ~
• •
requiring that they be connected to services they [Meridian] cannot provide now or in the
future?" We are appealing the P&Z decision before the Ada County Board of Commissioners
and wish to take with us a reformed opinion by the City of Meridian.
I have read and reviewed the letter Meridian sent to Ada County and the minutes of the
meeting held by the Meridian Planning and Zoning. I would like to address the concerns
made evident in these documents.
We do not fit in to Meridian's "comprehensive plan" on the basis that Meridian desires all
new development in the impact area to be connected to city sewer and water. I agree that
this would be an ideal situation, but this is obviously impossible in this area. We are south of
the freeway and Ridenbaugh Canal. Sewer and water are not available here. As they are
not in the long term plan for Meridian, they won't be made available, even in the long-term
future. There are many 1 acre lots around us, all serviced by wells and septic systems. We
live on the ridge between 2 gravel pits. This is an ideal site for septic systems and the ground
water here, though deep, is abundant and of excellent quality. The subdivisions on View
Drive, on Wampum way, and the new Vacquero Ridge development are all 1 acre lots. We
are surrounded by 1 acre developments (See Ada County map).
I read concerns from the Meridian Fire Department about turnarounds in driveways, etc. This
is an application for a re-zone. Our preliminary plat will be submitted as soon as the re-zone
is approved. We were advised by Ada County planners to obtain a re-zone before submitting
the preliminary plat. The preliminary plat will include plans to meet all regulations for fire
truck access. The road/driveway which will service the existing house and the one at the
bottom of the hill already exists and currently services our existing home and the property on
the North side of the canal. It is paved to the point of the hill and gravel from there down. It
will be widened to meet ACHD regulations, more gravel added to meet specifications, etc.
The plat application will also include a formal survey and drawings will reflect a more
accurate detail of the plan.
I also read in the letter to Ada County from Meridian where Meridian will refuse to sign off on
the plat when submitted. During our discussion with the Ada County attorney regarding this
issue, he informed us that it is not necessary for the City of Meridian to approve of the plat.
From his research, he indicated that the City of Meridian needs only to approve of
developments within a mile of its city limits. We are beyond these limits so we only need to
seek acceptance from Ada County for our plat approval.
What we are requesting from you is that you review our situation and reconsider the city's
recommendation to Ada County.
Thank You for your consideration.
Sincerely,
Brent E. Barrus
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ADA COUNTY DEVELOPMENT APPLICATION
FILE NO. 98-34-ZC
RT Zoning
Incorporated Areas
1000 0 1000 2000 Feet
For Information Contact:
ADA COUNTY
DEVELOPMENT SERVICES
650 MAIN STREET
BOISE, IDAHO 83702
208-364-2277
HUB OF TREASURE VALLEY •
Mayor
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
February 22, 1999
Mr. Brent Barris
5720 West Overland Road
Meridian, ID 83642
888-2074
Re: Request to be heard before the City Council
Dear Mr. Barris
LEGAL DEPARTMENT
(208)884-4264
PUBLIC WORKS
BUILDING DEPARTMENT
(208) s8~-22I I
PLANNING AND ZONING
DEPARTMENT
(208)884-5533
1 received your letter regarding the City's recommendation to your request before
the Ada Counfy Planning and Zoning Commission. I have discussed this issue
with the Planning and Zoning Administrator, Shari Stiles. She has talked with the
City Attorney, Bill Gigray and have come to the conclusion as according to the
ordinances, you will have to make a formal appeal (see application) to the City
Council. 1 will need this completed application by Monday, March 1st, 1999 to be
on the March 16th, 1999 City Council agenda.
!f you have any questions concerning this issue, please call me.
Sincerely
i~~~
William G. Berg, Jr.
City Clerk
Will Berg
Meridian City Clerk
33 East Idaho Street
Meridian, Idaho 83642
Dear Sir:
REcErvED
FEB 2 2 19~~~
CITY OF MERIDIAN
We hereby request to be heard before the Meridian City Council at their next public
meeting, March 2, 1999, regarding a zone change request to the Ada County Planning and
Zoning Commission, file no. 98-34-ZC.
We intend to develop seven acres located at 5720 West Overland Road into four lots for
ourselves and our children. We were turned down by Ada County because of the
recommendation of Meridian City Planning and Zoning. We therefore request a review of
this matter by the city council so that our request with Ada County might be granted.
Sincerely,
.~
/~
Brent E. Barrus
5720 West Overland Road
888-2074
-1-