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HomeMy WebLinkAboutQueenland Acres CPA 99-006 HUB OF TREASURE VALLEY Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live (208) 288-2499 • Fax 288-2501 ~~ M b rt CITY OF MERIDIAN PUBLIC WGRKS ers y Co~ne em C BUILDING DEPARTMENT CHARLES ROUNTREE 33 EAST IDAHO (208) 887-2211 • Fax 887-1297 GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING RON ANDERSON City Clerk Fax (208) 888-4218 DEPARTMENT KEITH BIRD (208) 884-5533 • Faz 887-1297 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: September 20 1999 TRANSMITTAL DATE: August 24, 1999 HEARING DATE: September 30, 1999 FILE NUMBER: CPA-99-006 REQUEST: COMPREHENSIVE PLAN AMENDMENT TO CHANGE SINGLE FAMILY RESIDENTIAL TO COMMERCIAL ON THE SOUTH SIDE OF OVERLAND ROAD ACROSS FROM INTERSTATE CENTER SUBDIVISION AND ROARING SPRINGS WATER PARK. BY: QUEENLAND ACRES, INC LOCATION OF PROPERTY OR PROJECT: Area bounded by Overland Road on north to plus minus 750 feet south of Overland Road from Stoddard plus minus .1700 feet east of Stoddard. TAMMY DE WEERD, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, 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 SANITARY SERVICE BUILDING DEPARTMENT _FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECL,gMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: CITY OF MERIDIAIJ 240 East Carlton Avenue, Ste. 241, Meridian, iD 83642 Phone: {208) 884-5533 Fax: (208} 88'1-1297 R~c.~.j-~1D AU6 ~ 3 1~~, GI7 ; PTy-t~~"tip` r~ ., .~w ta; r`.. e.... ( , COMPREHENSIVE_PLAN AMENDMENT APPLICATION APPLICANT:QuPPnI an~7 Acr ~ . Tom, PHONE:208-8$8-2545 ADDRESS: 1Q32 E C yman Drive, Meridian, ID 83642 OWNER: Theron Scott Carol Lotsneich PI~ONE:2p8_8,$g_~5d~ (Theron 670 W Victory 1032 E Cayman 208-888-6027 (Carol) ADDRESS: M~r~dian, ID 83642 Meridian jD 83642 Area bounded by Overland Road on north to - 750 feet GENERAL LOCATION: ~r++•+-h of (~vPrland Rnac3 from ~i~d~X'cl ~ 1?AO foot east of Stoddard LEGAL DESCRIPTION OF PROPERTY: ~ P A a +_ t a,rl~+ed.._ p- R~F~~~$,$I~.O~t VAL~,D OPTION: A copy of your property deed or option agreement must be attached. See attached deed s PRESENT ZONE CLASSIFICATION:R I and n c~ a R n r a 1 T r a n s i t i o n a l VICINITY $~T_CI3: A vicinity map and/or site plan at a scale approved by the City showing property lines, existing streets, easements, and such other items as the City may require (35 Copies}. Attached - 35 copies Fee: ~ 1.144.Q,Q I hereby eertii~ that the information contained herein is true and correct. I also certify that I will post the property one (i}week before each public hearing. SIGNATURE: ~~ ~-~ I~. I vL'1..1 ~9F~ r Q 1~~^ n~~ • • Queenland Acres, Inc 1032 E Cayman Drive Meridian, Idaho 83642 August 11, 1999 City of Meridian 200 East Carlton Ave., Ste 201 Meridian, Idaho 83642 Dear Planning and Zoning, Queenland Acres, Inc. is requesting that the Meridian Comprehensive Plan be amended to allow commercial development on the south side of Overland Road across from Interstate Center Subdivision and Roaring Springs Water Park. 1. Specific definition of the change requested. Change the Meridian Comprehensive Plan from single-family residential to commercial. 2. Specific information on any properly involved. 10 one-acre parcels zoned R-1 with residential rental houses (owned by the applicant) having direct access to Overland Road and 20 acres of farmland zoned Ada RT. The Meridian city limits abut the property on the east and the north. Water and sewer is available with extention of lines. The property is within the Meridian Area of Impact. 3. The condition or situation which warrants a change being made in the Plan. All of the adjoining property north of Overland Road is zoned C-G and is currently being developed into commercial businesses. The existing property to the east is also zoned C-G. Overland Road is a minor arterial with a proposed 96-feet right-of-way. This would put the roadside within 23-feet of the existing residential houses. 4. The public need for or benefit from such a change in the Plan. It is appropriate to have commercial property adjacent to Overland Road to provide a buffer from future residential use anticipated to the south. Controlled entrance of traffic to Overland Road could be planned. Freeway access is readily available to allow the public to reach future businesses. 5. Documentation that no ther solutions to the problem are presented by the current policy of the Plan are possible or reasonable. Directly north, existing businesses include Mountain View Equipment, Intermountain Pet Hospital, Roaring Springs Water Park, and Boondocks. Currently, Interstate Center has future plans for motel and restaurant development. It is not reasonable to expect this large, full-scale commercial development on the north side of Overland Road to be compatible with single-family housing on the south side. Title 67, Chapter 65, Idaho Code, will not allow zoning or annexation requests until the Meridian Comprehensive Plan is amended. • 6. Development intentions for any land involved. The applicants do not plan to develop the property themselves. They do have an interested buyer fora 7-acre parcel on the west side of Rollo located across from Roaring Springs Water Park. The purchasers plans include a planned RV park for travelers visiting the water park. 7. Any other data and information needed by the Planning and Zoning Commission in evaluating the proposal, such as who does it help, who does it hurt, how much is it going to cost and who's going to pay for it. Any commercial development would add to Meridian's future tax base and provide additional customers for existing businesses in Meridian. Costs would be paid by future impact fees, increase in tax base, developers, and future businesses. T eron G. Scott, President Carol Lotspeich, Secreta Treasurer • BOUNDARY DESCRIPTION FOR QUEENLAND ACRES, INC. • A parcel located in the NE '/4 of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at a 5/8 inch diameter iron pin marking the northwesterly corner of said NE 1/4 (one-quarter corner) from which a brass cap monument marking the northeasterly corner of said NE 1/4 bears N 89°21' 19" E a distance of 2618.81 feet; Thence N 89°21' 19" E a distance of 1759.40 feet to a point; Thence S 3°59'54" W a distance of 755.96 feet to a point; Thence S 89°21'20" W a distance of 1706.67 feet to a point; Thence N 0°00'05" W a distance of 753.53 feet to the POINT OF BEGINNING. This parcel contains 29.98 acres and is subject to any easements existing or in use. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated August 9, 1999 /~~~~~ ~ ~~ ~ tv _a~ ~ ~, 5082 0 c~ ~ SIR/9y .~ ~, ~! . 8 E~'/ Queenland Acres, Inc. 1032 E. Cayman Drive Meridian, Idaho 83642 December 2,1998 Mr. Will Berg.. Meridian City Clerk Meridian City Hall 33 E. Idaho Ave. Meridian, Idaho 83642 Dear Mr. Berg: It is our understanding that in the near future you are going to make a new Comprehensive plan for the City of Meridian and the surrounding area. We have some property located south of Overland Road, east of Roho Welding and West of Stoddard Lane we would appreciate having included in the Comprehensive Plan and caned Commercial. This property is south of Overland across from the Boondocks and the yet to be built water entertainment facility. To the west of the Boondocks is the Mountain View Equipment Company and adjoining Mountain View is a veterinary clinic. Since alI the property north of Overland Road in this area is Zoned Commercial it would seem an appropriate use for this property south of Overland to be commercial also. Thank you. Sincerely, Carol Lotspeich Secretary-Treasurer VICINITY SKETCH COMPREHENSII/E PLAN AMENDMENT REQUEST A PART OF THE NE 1/4 OF SECTION 24 TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERID/AN, ADA COUNTY, /DAHO. `'I ~:; ~~ 1000 0 t000 ~ 2000 I 3000 Feet ~ '~ 1 i ~ i ~~: ~~ .' ~! I ......_-- _ I-84 ~ ~ ~ i ~ I ! OVQRIAND ROAD ~+ ' I I ~ ~ ~ ` ; I I i II ~_ ~ ~.~. ~ ' '; AMENDMENT + ~ ~ ~ ~ ~ ~~' ~ ~=. 'I ; I i ~ I AREA / I ~ ~ y ~ \, ~ j. ~:~\~ L "~ ~ is ~`. `~~ ~~-::.1-, `,~ , ,~ ' ~~ I ~ , f . i 'I I ~ .,~, ~b ; ~~----C mac-'. ` ,!`>'~ i~ I ~ `` ~ o, BEAR CREEK ESTATES,' ~ ~ --+ ' \ ~ ~.~ ~; ~:~i' h~ SUBDIVISION ~ ~~'o ~ ~ j i '~ ~^ ~~/`~`- ~,,~, 1 ! ~,,=-~ I i ~ ~ ; ~ ~ ~ jam`. `~` ~~ I---,-~ ~ ~ ' ~' ', ~ .~;._. i v + yr' ~ ~- i ~ C ^-~ ~ ~ ~~ 1 I i ~' •/ 'I .-- ~ I ~, ~ ; it--~/ I' J .~l ~j ~ ,may I _ t --I i L , l I ~~ , ; / ~ I ` ~~•~ F~ 1 ~~ //~_~'~.~ ~ J ~ I VICT[~RV RC]~C ~ 1 ~ jl I I ~ ~ I ~ ~ ~~~$e3=~~ I t~ j i PREPARED BY CIVI1. SURVEY CONSULTANTS. INC. P.O. 80X 39 1530 W. STATE STREET MERIDUN. IDAHO 83680 - ',. 1658000230 PERSONAL REPRESENTATIVES' DEED lv' 0 day of December, THIS INDENTURE, made and entered into this ~ .-- Penal 993 by and between TI'ERON SCOTT AND CAROL SCOTT LOTSPEICH, Co- AND 1 , resentatives of the Estate of Truman G. Scott, Deceased' and THERON SCO Rep COTT LOTSPEICH, Co-Personal Representatives of the Estate of Doris E. Sco CAROLS ~~ and THERON Deceased, hereinafter referred to col-ectively as "Parties of the First Part ' LOTSPEICH, SCOTT, of 670 West Victory, Meridian, Idaho 83642, and CAROL SCOTT Drive, Meridian, Idaho 83642, as Tenants in Common, hereinafter of 1032 East Cayman referred to collectively as "Parties of the Second Part"; WITNESSETH: WHEREAS, on the 27th day of April, 1992 the Parties of the.First Part were the Co-Personal Representatives of the Estate of Truman G. Scott, Deceased; appointed as and WHEREAS, on the 29th day of June, 1993 the Parties of the First Part were s the Co-Personal Representatives of the Estate of Doris E. Scott, Deceased; appointed a NOW THEREFORE, for and in consideration of the sum of TEN AND NO/100 .00 and other good and valuable consideration, the said Theron Scott and DOLLARS ($10 ) ots eich, as Co-Personal Representatives, pursuant to the authority granted to Carol Scott L p rant, does hereby g said Co-Personal Representatives under the laws of the State of Idaho, nd convey unto the Parties of the Second Part, Theron Scott and Carol Scott demise a iece is eich, as Tenants in Common, their heirs and representatives, all that certain ot, p Lo p PERSONAL REPRESENTATIVES' DEED.- 1 • 165£~UOO~3~, ' or parcel of land, situate, lying and being in the County of Ada, State of Idaho, more particularly described as follows, to-wit: Lots 1, 2, 3, 4, S, 6, 7, 8, 9, and 11 of QUEENLAND ACRES SUBDIVISION, according to the Official Plat thereof filed in Book 28 of Plats at page 1747, records of Ada County, Idaho. TO HAVE AND TO HOLD the said premises with its appurtenances unto the said Parties of the Second Part, their heirs and assigns forever. ud Dated this 30 ,day of December, 93. ~~--~_ Theron Scott Carol Scott Lotspeich Co-Personal Representatives of the Estate of Truman colt, Deceased C.. Theron Scott ~~~~ ~~ ~~2~-~ Carol Scott Lotspeich Co-Perscnal Representatives of the Estate of Doris E. Scott, Deceased PERSONAL REPRESENTATIVES' DEED - 2 93111923 .. ~.~:~ F J. DAV1D .iAV:~RRO aolsE l0 165800022: ' 93 DEC 30 P~1 3 07 STATE OF IDAHO ) ___l._-- GEF _-~~C-W~~'` ) FEE 55. REGORGED AT 7HE REDDEST OF County of Ada ) 'Ad On this ~ day December, 1993, before me, the undersigned, a otary Public in and for said State, personally appeared THERON SCOTT AND CAROL SCOTT Deceased, and LOTSPEICH, Co-Personal Representatives ofthe Estate of Truman G. x ~entatives of the THERON SCOTT AND CAROL SCOTT LOTSPEICH, Co-Personal Rep Estate of Doris E. Scott, Deceased, whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have seal'the day and year in this certificate first al ,~ __ n ~ r~ ~ ~ 0' my hand and affixed my official ~' ~ '` ~ Residing at Meridian, Idapp ' • ~ ., , •.,'` \ My commission expires: 10\9\97 ., ~ _ PERSONAL REPRESENTATIVES' DEED - 3 -- ------------------------------- ~----:;c~~sc~-~---------- - ---'----- -- ~ir:~PP~~~~TTY DEED For ~'atue ^ecei•red TRJv1~1ti G. SCOTT and ~OP.iS S. SCOT. , _ husband and wife; ~ -- - - the Rranturs , du hereb} grant bargain, seal wnd convey unto =~ ~` 1 QUEE:ILaVD ACRES, IvC , ''an Idaho cozporation;to Route ,~3, =~~. t Idaho, - ~ ~-. I it tie. b-nntee , tl`e following aesrr'bed ~prem-ses, to-tivit `" z .:' ~ _ ~ Tre Northwest Quarter .of -the.~;Nor;heast °Qt.arter of ,8ection.°24 : in ,=:,. ~= ; Township. 3 North, :Range 1 Went of °,the ;,Boise:'Meridan,`,containing ~'~ ~ 40 acres ; more oz: less ,-.together with all water a.+~3 water rigas , "~; - _. ! ditch and ditch ;rights appurtenant to said elands:::Escepting ~F.erefrom_~ the_hest 25 feet. of said preaises_heretofore dedicated-to ~':e _ public for its use as a public highway. _ _ ' ~ -_ - , a _ c ~~ ~ -~~:-^less th~~ following described real property ',: - - Lots 1 through and in(:Iudirg 12; Queenland_Acres.Subdivision, ~ ` accordi.^.g to the plat on ::le .with the Recorder of Ada ~our.Ly, - Idaho, in Bock 28 of Flats, page 1747, records of said Count;. i SU3TCT TO Taxes and assessrents for the year 1974 znd subsec~~ent - ~,, Y@a:8, tocet.'^.e~ Wit.1 a:ly dial ~1.~ °X15t1P.g e352.^.:entS dlld r1C:1t5 Of ~ - ; way ~= rero.d. ~ ~ :Cle 0':ne~ ~i::::J"2 ^I S'a:.'. - :....~e5: ....~. Sa°•_ . t :r_J _ . ..:-.. r : ~.. •---~ . ...r.ct• `•~r` C ~ .. . ~..~ - i10~~_::3G~'_ -Pr S 3 ---==r ~ ------ -- -- ---- - -- - - - - --- - - ---- - -- ~ ~_~ , ~.,._.__ r-- ~ . -- _ jYr: _:,. ..,. - J ~.. G. SCOT- -•-~ 1 n.. .... 'J `.- .~ I ~. r ~i0~ ~ ! i:rr c-r t, tha: v`~ :n.,:r~r.:~^_ wa> nird _`r ~e~ttr.¢ -- Z ~j~ ~' ~ ~- - 7 /^ _ ~ __ .. - i..~ -..t ,, ~Z WARRANTY DEED ~ o~,~ For Value Received TRUMAN G. SCOTT and DORIS E. SCOTT, husband and wife, the grantors, do hereby grant, bargain, sell and convey unto QUEENLAND ACRES, INC., an Idaho corporation, of Route 113, Meridian, Idaho the grantee ,the following described premises, to-wit: From the corner common to sections 13 and 24, T. 3 N., R. 1 W., B.M., and sections 18 and 19, T. 3 N., R. 1 E., B.M., thence South 89°12' W., 862:20 feet, along the Section line, to the point of beginning, thence South 89°12' W., 450.00 feet to the N.W. corner of the NE1/4, NE1/4 of said Section 24; thence South 753.50 feet; thence North 89°12' East 393.40 feet; thence North 4°19' East 758.35 feet to the point of beginning and containing 7.294 acres, more or less, all in the NE1/4, NE1/9, Section 24, T. 3 N., R. 1 W., B.M., Ada County, Idaho. SUBJECT TO Taxes and assessments for the year 1974 and subsequent years, together with any and all existing easements and rights of way of record. TO IiAVF, AND TO HOLD the said premises, with their appurtenances unto the said Grantee its heirs and assigns forever. Atrd the said Grantors do )terehy covenant to and with the said Grantee ,that they are the owners in fee simple of said premises; that said premises are free from all encumbrances except those hereinabove specified, and that they will warrant and defend the same item all ]awful claims whatsoever. Dated : ~_L~ ll~~' 19 7 4 . STATE OF illANpJ~, COUNTY OF ANYON : s s On this Gyp p~'' day of ~~L~~ . 19~f~{, before me, a notary public in and for said State, personalty appeared TRUMAN G. SCOTT and DORIS. ~. SCOTT, Yiusban,~i, and wife, . ~ ~ known to plc to bathe {terson9 whose name 9 a] aubacPibed to tile' withifl instrument, and acknowledged to me that; ~' -.. executed the same. the 5~, -~?I~'.'"-`r!,- Notary I'umt° Residing at.. Nampa ,Idaho Comm. Expires Werrealr Derd !ea-A ~ r J-,~ ~ L y/c_~ -~Q T~, s ~-Sc-o EE--- STATE OF IDAHO, COUNTY OF ~J I hereby certify that this i etrument was 6~ ~o~ grd at the request of ^v~-) ~ F-~-~ /[`~C•-. at p't.7 minutes peat ~ o'eiock/~m., this 3 t day of ©t~ ig ~j , in my office, and duly recorded In Book of I)~eds nE page CLARENCE A. PLANTING Ex-Otflclo Recorder By Depaty. Fees ;/~ Mail to: Prlated cad lee Bale 1'ff arse-lark CesOeer. BeW z z 0 .,~~ ,., , ,t r ;, eo 388 r~cE 47 I. 1' 1i~1!. .•t:.•I iit:,, .. ;,. .•:.t...I;i':I•.l•.,',Ir• ~, . ..l~.,t• .. 1• r~ , .. r.r ~ ~ rr,•r n.:r: y I .~t.i•. • .! Inr. u, ,.. r' ~tl I•IU•.r•trlrlr, .r i r'. ,, r• , ~ ~ i 7., ~ i!l...t ~ i~ . . .. ~.. ~.••I ,.. 1•' •:I tut, !,+.. ,4 ,, ): t) .•Ir' ~ ,t~ ~ 1 ...~1. •1 •t ~ r in~a.ll rrt. i., I'. itr• I .i•'ii ur. rtll IN Wl'fNI:SS WIII:RI;OF,'I'Ire avid part ies of the drat pnrt hn ve hereunto aetthe irhnnds and sent s the day and yenr first above written. SII:N);D, 91;ALRD AND I)rI,IVF.REU IN PRESENCF. OF ~~ ~ ~; ~ f~ ~~ ~~/~ _.-.....----••-•---- 1 ----•--•- ----•---•--•---- • -•----•-•---•----°--•---•--°-----ISenl] -- •---•----•----••----•-•---•--•-••-•-----•---•-----•-----•--.___•.--•-----.[Sent] -r I S'1'A'1'I~~ Or IDAIIO ss. .. .~ County of ADA On this 6th .dny of May In the yenr 19 jIF ,before me Che undersigned ~ , e NoG+ry Public Q11F: TL:It-~lJ .-hLAli~Sl{-~nFI=C~I~:~DYO° A1i'"""`'.'•'•.'"•~ ill.and_f.~r.nolcL$_4nl;e, peraonnlly--appenred -- .,.•r ALURICII, }husbalid and wit'e,•' ~ ~ ~ , known Lo me to be •the person 3 whose nnme g 'are ~ subscribed i;o the within instrument, and nclurowledged Eo me tiiat •t lie' y executed the earns. ~ , . ••, TN Wfl'NISS WIILPRrOr, I have hereunto set my hand and n(lixed my o(Ilcinl sent, the dny and ,yenr in this cr.rti(icnte Iil:9t rtbove written. ' .:. •~'~~~~ ~,• •,(~ Notnry Yubllc for the Stnte of Idnlm, ~~ ~' r 'fin Residing nt Meridian I , Idaho.t .' f, u~ ~ ''•~"' ~'1 r~- n•~ ...t~. r I tt, :.r. ..q ~~~ / W Q N y ~ <r; ,,~ ;~ ~. ~ ~-~~ ~. z o~~ ' ,r .~ ,. .ryl, •'t err ,• :' ~H ~ ~.s { .2 I d (,. ~} ~ , i -'w~ E e i ~ ~ i ~ o ~ o o ~ ~ ` :~ I ~ " ~ ~ ~ ,. 1 ~, d ~) . ~ ~ ~ -C . ~ ~ ~~ I•r I• -- ~ ~•. 1 • ~ Q Y • • ~ W I ~ . ..A~ i~ ~ ~ ` o l ~ .g DI wl.,,,r~ . ~ $I " ~ ~ A ~s w:. ~ o 1 ~ ~. 1 11'1:14\•i\r+.;t/ r.°.'•~.,,. ~. ,r•rl•7ul•llnr.r ~!. ~` rrhrled +nd tar uim.•r or^ eemv+nr, uov. 2U;i.-NAIrRAN'I'Y Ui;F;U .-----._.-,_-___._...__. _..---- '~~ _-~ - 80(1K 3UU PAGE 4~ ~ r , f '1'lI1S INllCN'1'URI;, Mnde this 5th day of MrrY r in Lhe yr•m• of our Lord one •thonsnnd nine hundred and I' i.Cl,y-four ,between ' Cllls;'('Lli U. ALUItICIi rind CLAUYS M. ALUItiC11, husband and wife, f` tL of Meridian , County of Ada , Stale oC Idaho r the part ies o[ the first port, and 'CIIUMAN G. SCUT"f and UUItIS Is. 5CU'C'f, husband rtnd wife, „[ Meridian ,County o[ Ada , State of Idaho , ~ the port ies of the eecond part. _ ._.. _ ___ W1'1'NF,SSItiCII,'fhnt the said part ies of the first part, for and in consi[lerntion of the etrm of 'I'IsN (~1U.00) and other good and va:Luable consideration - - - - -llUhLA[t9, Llw(nl'nun,ey of. Lhe United States o[ America, to them in bond paid by the said ,~.. girl. ;.i-es. of. Lhe second part, the receipt whereof is hereby nckuowledgert, ha ve granted, bnrgies :uld ~nold, :uid by Lhe~e preseuty do frr%urt, Irnrgnin, sell, convey mui confirm unto the said port of Lhc~ nci:ond port, %vrd to the i. r heirs and assigns [cravat, all o[ the fvllowhrKBlnte ofelrinho lo--wit: ';itn:lta) iir ~ , Uounty cr[ Atia i Prom the corner common to sections 13 aPd 31;N.r•lt3 1•~%•r It. 1 W., U.M., and sectionsr lt3' and 1), •~., 13.M., thence South t3y°12' W., 1367_.7_(7 feet, along the section line, Co the point of bet;inni.rtg, thelrce South 139°12' W., X450.00 !'set to the N.W. corner of the NL1;~ Nlif; of said section 2h; tlrerrce Svutli 753 • 50 feet; • ~:~ ~'"~' I,"I'Ii~ thence North 139°12' Last 393•hU feet; thence North !f 19r Last 75.35 feet to the ..,,,,•, point of bel;inning and containing 7.291 acres, roots or • Less, all. in the NI",~„ NG>:, Section 7.1~, T. 3 N, + }t. 1 W., II.M., Ada County, Idaho. :'; `~' t Y ;; i I _ _. ... ' i, i .. ,• , 'rl ~ .1 T~rl2 ~`2 ~~~~..J : 1 .) 1 1 '1'OC:I:I'Ilrlt, Witlr all and sinqul~'1et'revernion arnd,rleversions,a em i ierpandtremairuleteerrents, helnnyinp, yr in nnywlso nppertnln(n2r [t ne well insnos rind profits thereo[; noel all estate, right, title and interest In and to the snW props y, in L:wv ns in equity, o[ the said port ies of the firat part. '1'U IIAVP, ANb .'CO I(ULi), Ail and singular the above mentioned t}~eirl sirs and assigns forever witlc Lire npincrtennnces, unto tiro port ies of the second part, and to ~ and Ute said port ies of the first pert, and thedrhelrs, tlie•enid premises in the quiet and peaceable poeeeasion of Lhe said part ies o[ the accord Parttheiiheira and nssigm, agatn>~t the said put ies ,I .,r tl,e first r,nrt, and tl[e it I~eirs, and neninst all and every person and persona whomsoever. crnin,in,r or to clnim'the same atoll and will WARIiAN'f and by these presents forevat':b,7~ E . .!~r 1. -~ ~s- _. • • August 12, 1999 TO WHOM IT MAY CONCERN UWe William H. Meyet and Lois M. Meyet, are the legal owners of the property located at 795 West Overland Road, Meridian, ID, Lot 10 of Queenland Acres Subdivision, give consent for this Meridian Comprehensive Plan Amendment Application. Marion H. Naylor is deceased. t~lJ ~ _ H- , William H. Meyet ~ ~~~ Lois M. Meyet state of Idalto....~.3 S.S. -.~,~~• County of ''~-~ `~ ~ Snbscdbed and sworn to (or affirmed) before me tt1~~ 0~" ~-.. ~..r. : lg` ~.i. s A •.••••~pUG$~ ~.' r • •. ~?: ,GARY Z.~ .~.n .- # ~~ G w v :~~ ti :p i ~ r`tr~y ~ „ • * e~ ~~ ~ 1,, ®~g µ o•~ ~~'• .,~ r ti o o ~~~ A? ~ ••• ~ Public 1~2~;O~f}:~~.3 ~-- ~~~~~~~ ~~~~ `,~~ ~~, Case # 36161 ,:Pot Velue Received Merlyn P. Jones and Rosemary W. Jones, husband and wife .the grantors , do hereby grant, bargain, sell and convey unto William H. Meyet and Lois M. Meyet, husband and wife and Marion H. Naylor, an unmarried person whose current address is 795 West Overland Road Meridian, Idaho 83642 the grantees, the following described premises, in Ada County Idaho, to wit. Lot 10 of QUEENLAND ACRES SUBDIVISION, according to the Plat thereof on file with the Recorder of Ada County in Book 28 of Plats, page 1747, records of said County; together with a one-eleventh (1/11) interest in and to a domestic well located on Lot 6 of said above and described subdivision, together with rights for ingress and egress thereon. ~3i9725 A't'Ic~1CAN LANQ TITLE CO. •. I ~. F0~ J. D~Vi:: ~' , ',~iRO ~4ECORD:1;;' ~ gy~ c> ~° '93 ~iflfl 18 Pfd 3 33 ~O HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee s, their heirs and assigns forever. And the said Grantor s do hereby covenant to and with the said ' Grantees, chart hey the owners in fee simple of said premises; that they arc free from all incumbrances and that they wi14 warrant and defend the same from all lawrul claims whatsoever. 7~7ated: March 12, 1993 / "~~/ iii / ~ ~ ~ ~ 1 i~~G~!"L~ty Merlyn $~ Jones' Ros-merry W. ones TJ' I ATE OF IDAHO, COUNTY OF Ada Onthis 17th day of March ,tq 93 be(ore~me, ~ notary public in and for said State, personally appeared Merlyn P. Johes Itoaem~nr;r'•,W~, ,,Jones . ~ ' • -• k'uou~n ~w i~c (c lie ihe'pcrsun5 whri.e name `3 ssbs<ribrd'tcY dm wrchin instrument, end acknowledged to me chat they. •~ ex«ured the same. M r Bret Gunnell Notary Public Ilcsiding nc /BO1Se ,Idaho Comm. Eapues April 16, 1998 State of Idaho ) S.S. County of Ada ) 3 ~` On this ~ day of , in the yyear of 1999, before me, Benicia R. Morrison, a notary public, personally appeared ~a,n ~• Ca.rral (~ sa -,G~~a ~-c,~ r -~ ('A,r•r o identified to me, to be the person(s) whose name(s}.~s(are) subscribed to the within instrument, and acknowledged to me that ~e-fsir~ (they) executed the same. \ \ ~ 1 ~ ,1-1111111 ~ ~ ,,,,, ~ ~ ~~~ .\ ~~~pTgR y•O • •z? -m' -~- `fir z *~ • r 'A G• ~~ UBL~ • O~ '~ OF ,\ /fff•1lff!1!l11111111\\\\\\ otary Public My commission expires on 06/24/2000 This Acknowledgement Certificate is prepared for, and exclusively belongs to, the accompanying document entitled ~l1-(dl'-'~ ~'i i4 C N which consists of _~ page(s) and is dated l 2 ~! n! August 12, 1999 • TO WHOM IT MAY CONCERN UWe Sean F. Carroll and Sandra Lunn Carroll, the legal owners of the property located at 1750 Stoddard Lane, Merdian, ID, Lot 12 of Queenland Acres Subdivision, give consent for this Meridian Comprehensive Plan Amendment Application. We recently purchased the property from Jack J. McCarthy and Mazjorie McCarthy and the paperwork to record is still in process. ~ti! Sean F. Carroll ~~ ~ 1. n Lk ~f~ ~S~J~i ~`~, Sandra Lynn Carroll X239277 THIS FORM FURNISHED ('OURTESY OF: STEWART TITLE OF IDAHO, INC. READ Fi, APPROVED BY GRANTEE(S): 0110 a ^;.:' : ~ . :;. ; ~ i;STEWART TITLE RECD?%~::.' 6Y ~U~/ ~oa '92 JUN 16 A(1 10 56 SP,4CE ABOVE THIS LINE FOR RECORDING DATA Order No.: 92033398-PW-SG WARRANTY DEED FOR `/ALUE RECEIVED WIFE DEAN BENDAWALD AND SHEILA BENDAWALD, HUSBAND AND GRANTOR(S~, does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto JACK JOHN MCCARTHY AND MARJORIE MCCARTHY, HUSBAND AND WIFE GRANTEE(S), whose current address is: 1750 STODDARD LANE, MERIDIAN, IDAHO 83642 the following described real property in ADA County, State of Idaho, more particularly described as follows, to wit: Lot 12 of QUEENLAND ACRES SUBDIVISION, according to the Official Plat thereof, filed in Book 28 of Plats at Page(s) 1747, records of Ada County, Idaho. SUBJECT TO that certain Deed of Trust/Mortgage da*_ed October 8~ 1987, and recorded October 13, 1987, as Instrument No. 8757295 records of ADA County, Idaho, in favor of ROCKY MOUNTAIN MORTGAGE, INC. in the amount of $40,897.00, which Deed of Trust/Mortgage the Grantee(s) herein, assume and agree to pay according to the terms thereof. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantee(s) heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said Grantee(s), that Grantor(s) is/are the owner(s) in fee simple of said premises; [hat said premises are free from aii e~;cumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (including irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that Grantor(s) will warrrant and defend the same from all lawful claims whatsoever. Dated: June 09 , 1992 ~/- ~'~ ? / j `~ ~ / ~ DEAN BENDAWALD STATE OF IDAHO COUNTY OF ADA SHEILA BENDAWALD On this l5 day of ~~- . in the year of I ~1~ ,before me, the undersigned, a Notary Public in and for said State. personally appeared DEAN BENDAWALD AND SHEILA BENDAWALD known or identified to me to he the person(s) whose name('s) is/are s cribed to the withi instrument, and acknowledged to me shat he/she/they executed the same. _, ...- .._ - Signature: ~' Name: HERRI GRUNDER n~ ~~ ~, ~.~~u Residing at: BOISEi IDAHO .~ My Commission Expires: 06/02/94 PUBLIC SERVICE ANNOUNCEMENT (per state code 67-6509) 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 November 3, 1999, for the purpose of reviewing and considering the application of Queenland Acres, Inc. for an amendment to the Meridian Comprehensive Plan and Map from single family residential to commercial which is generally located on the south side of Overland Road across from Interstate Center Subdivision and Roaring Springs Water Park. 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 8~' day of October, 1999. ~~ ~""~ WILLIAM G. BERG, JR., I CLERK ~~~,t~:~ tttf i iir~,r~~ PUBLISH October 13 and 27, 1999. ~,**~~~~,t +0~ gr'r,•r~~, y ~ ~Gd~ TF~ ~ ~~: ~~tl~~ ~~ '~ ** TX CONFIRMATI~EPORT ** AS OF OCT 07 '99`"ro~41 PAGE.01 CITY OF MERIDIAN DATE TIME TOiFROM 19 10107 16 41 208 888 109? MODE MINiSEC PGS CMD# STATUS EC--S 00'32" 001 140 OK PUBLIC SERVICE ANNOUNCEMENT (per state code 67-6509) 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 November 3, 1999, for the purpose of reviewing and considering the application of Queenland Acres, Inc. for an amendment to the Meridian Comprehensive Plan and Map from single family residential to commercial which is generally located on the south side of Overland Road across from Interstate Center Subdivision and Roaring Springs Water Park. A more particular description of the above properly 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 availabl® upon request. Any and atl interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 8~' day of October, 1999. _ Q WILLIAM G. BERG, JR., I CLERK \\prrrrnpUn PUBLISH October 13 and 27, 1999. a~•`,t Qlr ~~~,,~ r ~ ~ Si .sue +~!] ~ , ',I~~ C `~, \ `~\ ~~1H0371 iG0i1\\• PUBLIC SERVICE ANNOUNCEMENT (per state code 67-6509) 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 6:300 p.m. on September 30, 1999, for the purpose of reviewing and considering the application of Queenland Acres, Inc. for an amendment to the Meridian Comprehensive Plan and Map from single family residential to commercial which is generally located on the south side of Overland Road across from Interstate Center Subdivision and Roaring Springs Water Park. 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 shalt be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 3`~ day of September 1999. ~!~~ WILLIAM G. BERG, JR., CI CLERK PUBLISH September 8~' and 22"x, 1999. w ~tVi. ~.r 1 r b ~{. ~ Yy $~AL ~~ b~ ~ ~y v lIIIIIItN9 t111\\\\\\ ** TX CONFIRMA~ REPORT ** AS OF SEP 03 "3~13~12 PAGE.01 CITY OF MERIDIAN DATE TIME TOiFROM 09 09103 13 11 208 888 1097 MODE MINiSEC PGS CMD# STATUS EC--S 00'33" 001 053 OK PUBLIC SERVICE ANNOUNCEMENT (per state code 67-6509) 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 wilt hold a public hearing at th® Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 6:300 p.m. on September 30, 1999, for the purpose of reviewing and considering the application of Queenland Acres, Inc. for an amendment to fihe Meridian Comprehensive Plan and Map from single family residential to commercial which is generally located on the south side of Overland Road across from Interstate Center Subdivision and Roaring Springs Water Park. 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 3"' day of September 1999. PUBLISH September 8"' and 22nd, 1999. WILLIAM G. BERG, JR., CI CLERK ,~~~~ti++u~riPiiuq„b ~. ' ~`'~ s y - S~~ Meridian City Council Meeting November 16, 1999 Page 18 Rountree: I move that we approve Resolution 266 for G.L. Voigt Development. Bird: Second. Corrie: Motion made and seconded to approve the Resolution 266 on G.L. Voigt Development Overland 16, LLC. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES ITEM 11. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT FROM SINGLE- FAMILY RESIDENTIAL TO COMMERCIAL BY QUEENLAND ACRES, INC. -SOUTH SIDE OF OVERLAND ROAD ACROSS FROM INTERSTATE CENTER SUBDIVISION AND ROARING SPRINGS WATER PARK: Corrie: Item No. 11, Findings of Facts and Conclusions of Law: Request for Comprehensive Plan Amendment from single-family residential to commercial by Queenland Acres, Inc., south side of Overland Road across from Interstate Center Subdivision and Roaring Springs Water Park. Staff, changes? Stiles: Mr. Mayor and Council, this was also recommended by Planning and Zoning Commission for amixed/planned use development designation, although it wasn't clear by what the motion was by Council, the applicant did get up and agree to changing the designation to mixed/planned use instead of the commercial that was requested. Bird: Was that in their testimony, Shari? Excuse me, Mayor. Stiles: Yes. Bird: I don't think our motion covered that. Corrie: Okay. I'll entertain a motion, then, on Item No. 11. Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: I move that we approve the Findings of Facts and Conclusions of Law, Decision of Order and Resolution No. 267 for this Item 11 and all references of land use change from single-family residential to commercial be changed to land use from single-family residential to mixed/planned use development. Meridian City Council Meeting November 16, 1999 Page 19 Anderson: Second. Corrie: Okay. Motion is made and second to approve the Findings of Facts and Conclusions of Law to request for Comprehensive Plan Amendment from single- family residential to mixed/planned use development to commercial, sorry, to mixed/planned unit development and to approve Resolution No. 267. Any further discussion? Hearing none, roll-call vote; Mr. Anderson. Anderson: Aye. Corrie: Mr. Bentley. Bentley: Aye. Corrie: Mr. Bird. Bird: Aye. Corrie: Mr. Rountree. Rountree: Aye. MOTION CARRIED: ALL AYES ITEM 12. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT FROM SINGLE- FAMILY RESIDENTIAL TO MIXED/PLANNED USE BY IDAHO BASEBALL ACADEMY -NORTHWEST CORNER OF AMITY AND MERIDIAN ROAD: Corrie: Okay. Item No. 12 is a Findings of Facts and Conclusions of Law: Request for Comprehensive Plan Amendment from single-family residential to mixed/planned use by Idaho Baseball Academy, northwest corner of Amity and Meridian Road. Staff, comments? Stiles: Mr. Mayor and Council, I believe the motion -the recommendation from Planning and Zoning Commission and the motion by Council for this was to designate the two acres shown on their plan as mixed/planned use development and the remainder of that would be park, open space designation. I don't see any reference to the park. Bird: Mr. Mayor. Corrie: Mr. Bird. Meridian City Council Meeting December 7, 1999 Page 2 EASEMENTS BY W.H. MOORE COMPANY, LOTS 5 AND 6 OF BLOCK 1, MERIDIAN BUSINESS PARK: ITEM K. FINDINGS OF FACTS AND CONCLUSIONS OF LAW: REQUEST FOR VACATION OF PUBLIC UTILITIES AND DRAINAGE EASEMENTS ON LOTS 5, 6, 12 AND 13 OF BLOCK 7 BY WHITESTONE DEVELOPMENT, LLC: ITEM L. FINDINGS OF FACTS AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT COMMERCIAL SUBDIVISION MINI-STORAGE ON LOT 2 OF PROPOSED OVERLAND MINI-STORAGE SUBDIVISION BY OVERLAND MINI-STORAGE, LLC - 1230 E. OVERLAND ROAD: ITEM M. FINDINGS OF FACTS AND CONCLUSIONS OF LAW: REQUEST FOR PRELIMINARY PLAT FOR OVERLAND MINI- STORAGE SUBDIVISION BY OVERLAND MINI-STORAGE, LLC - 1230 E. OVERLAND ROAD: ITEM N. FINDINGS OF FACTS AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR 96-UNIT APARTMENT COMPLEX (PROPOSED COBBLESTONE VILLAGE) BY STAMAS CORPORATION/IONIC ENTERPRISES, INC. -SOUTHWEST CORNER OF LOCUST GROVE & FRANKLIN: ITEM O. FINDINGS OF FACTS AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF PARCEL "A" FROM RT TO SINGLE-FAMILY RESIDENTIAL AND PARCEL "B" FROM SINGLE-FAMILY RESIDENTIAL TO LIMITED OFFICE BY WOODBRIDGE COMMUNITY, LLC -SOUTH OF EAST FRANKLIN ROAD AND EAST OF SOUTH LOCUST GROVE ROAD: ITEM P. FINDINGS OF FACTS AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR ATHREE- BUILDING RETAIL COMPLEX OF APPROXIMATELY 50,000 SQUARE FEET ON VACANT 5.5 ACRE SITE IN A C-G ZONE BY NORCO -NORTH OF FAIRVIEW BETWEEN EAGLE ROAD AND LOCUST GROVE ROAD: ITEM Q. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT BY QUEENLAND ACRES, INC., TO CHANGE LAND USE FROM SINGLE-FAMILY RESIDENTIAL TO COMMERCIAL FOR THE SOUTH SIDE OF Meridian City Council Meeting December 7, 199.9 Page 3 OVERLAND ROAD, '/< MILE WEST OF MERIDIAN ROAD, WESTWARD TO STODDARD ROAD: ITEM R. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT BY BILL CLARK/CLARK DEVELOPMENT (TERRACE LAWN MEMORIAL)TO CHANGE LAND USE FROM SINGLE-FAMILY RESIDENTIAL TO MIXED RESIDENTIAL - 4000 BLOCK OF FAIRVIEW AVENUE BETWEEN EAGLE ROAD AND CLOVERDALE ROAD: ITEM S. ORDER OF DECISION: REQUEST FOR FINAL PLAT OF PACKARD SUB NO. 3 BY WIRT EDMONDS AND CRAIG GROVES -WEST AND NORTH OF FAIRVIEW AND EAGLE ROADS: ITEM T. ORDER OF DECISION OF DENIAL: APPEAL OF FENCE VARIANCE COMMITTEE DECISION BY CHARLOTTE NOLAN AND ROBERT SMITH: ITEM U. REQUEST FOR ONE-YEAR EXTENSION OF THE 11/17/98 APPROVAL OF THE FINAL PLAT FOR ASHFORD GREENS NO. 4 BY BRIGHTON CORPORATION -PORTION OF THE WEST'h OF THE WEST'/Z OF SECTION 3, T.3N., R.1 W: ITEM V. ENGINEERING AGREEMENT - "NO NAME SEWER TRUNK": ITEM W. ENGINEERING AGREEMENT -FIVE MILE CREEK RELIEF SEWER PROJECT: ITEM X. ENGINEERING AGREEMENT - 1999 WWTP TRUNK SEWER EXTENSION PROJECT: ITEM Y. ENGINEERING AGREEMENT - 1998 SEWER MASTER PLAN ANALYSIS OF DEVELOPMENT CONCEPTS: ITEM Z. FINDINGS OF FACTS AND CONCLUSIONS OF LAW: ANNEXATION AND ZONING OF 7.25 ACRES FROM SINGLE- FAMILY RESIDENTIAL WITH ACREAGE TO COMMERCIAL LOTS AND MINI-STORAGE FACILITY BY OVERLAND MINI- STORAGE, LLC: APPROVED Rountree: City Council meeting for the City of Meridian in order at 7:37. City Clerk, would you do roll-call. Welcome this evening. We have quite an agenda before us, but we hope to do away with about a page and a half of it in short order here. Bear with me. I'm substituting for the Mayor who is going to be gone Meridian City Council Meeting Decemt~er 7, 1999 Page 4 for a white this evening, I don't know how long. I'm the City Council President, Charlie Rountree. The first items on the agenda this evening is the Consent Agenda. Any discussion? Bird: I have none. Rountree: Mr. Bentley. Bentley: I have none. Rountree: I'll entertain a motion on the Consent Agenda. Bird: Mr. President. On the Consent Agenda, I move that Item L be tabled until the 21 St, I believe, December 21 ~. Rountree: January 4m Bird: Okay. To January 4"'. On the rest of it, I move that we approve the Consent Agenda with the Staffs comments from our Pre-Council meeting recorded, and that we have voice vote because vue have some contracts involved here. Rountree: You all done? Do I hear a second? Bentley: Second. Rountree: It's been moved and seconded that we approve the Consent Agenda with tabling of Item L and including the Staff comments on the Items as discussed in the Pre-Council briefing. Voice vote; Councilman Bentley. Bentley: Aye. Rountree: Councilman Bird. Bird: Aye. Rountree: Councilman Rountree; aye. All in favor. The Consent Agenda is passed. MOTION CARRIED: THREE AYES, ONE ABSENT ITEM 1. CONTINUE PUBLIC HEARING: FOR THE PURPOSE OF REVIEWING AND CONSIDERING THE PLANNING AND ZONING COMMISSION'S CONSIDERATION OF VARIOUS TECHNICAL AND CLERICAL TEXTUAL CHANGES TO THE ZONING AND SUBDIVISION ORDINANCES AND WHICH WILL PROVIDE FOR ~da ~ou~2t ~i hcvu ~i6trict Sherry R. Huber, President 318 East 37th Street Judy Peavey-Derr, Vice President Garden City, Idaho 83714-6499 Martyss Meyer Routson, Secretary Phone (208) 387-6100 Dave Bivens, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner E-mail: tellus@achd.ada.id.us December 2, 1999 TO: Theron Scott Queenland Acres, Inc. FROM: Steve Arnold, Principal Development Analys ~- ~-ti---, . , --- -- Ada County Highway District `~ DEC - 7 1999 SUBJECT: MCPA99-006 - Comp Plan Amendment Overland Road/Stoddard Road CITY OF Iv~~~~tAN Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on December 1, 1999. The attached staff report lists conditions of approval and street improvements, which are required. If you have any questions, please feel to call me at 387-6170. cc: Plan&Dev Svsc-Chron/File John Edney -Construction Chuck Rinaldi -Drainage City of Meridian ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report MCPA99-006 Overland Road/Stoddard Road Comp plan amendment The applicant is requesting a change in designation of the Meridian comprehensive plan from single family residential (R-1 and RT) to commercial (C-G). The 30.0-acre site is located at the southeast corner of Overland Road and Stoddard Road. This development is estimated to generate 10,000 additional vehicle trips per day at full build-out based on the submitted traffic study. With the number ofpass-by trips deducted, the site is estimated to generate 6,500 additional vehicle trips per day at full build-out based on the submitted traffic study. Under the existing comprehensive plan, the site would generate 1,200 vehicle trips per day. Roads impacted by this development: Overland Road Stoddard Road ACRD Commission Date -December 1, 1999 - 12:00 p.m. LL W 0 JI ~~-_-~.: -~~ ~. W E S _ _ -- _ ~ Q T D ' ~ = 0 ~ ~ I/ICIN/TY SKETCH COMPREHENSII/E PLAN AMENDMENT REQUEST A PART OF THE NE 1/4 OF SECT/ON 24 TOWNSH/P 3 NORTH, RANGE 1 WEST, BO/SE MER/D/AN, ADA COUNTY, /DAHO. 2000 i I _~ 0 ' 1000 } l i ~ l_ =-~ I I ,~\ -~~ wea~atuc aea^ I ' i g ~ o' ~, W o~ ~I ? ~ Qi J y t r - 1 ;---"„ i 1 ~ ~ ~~` •' I :00 9000 Faet ~ I ~`~~-. "• / ~- _ ~~ ~.ea ! I i ^ i ' 'r _ - 1. i~ ~ ~~ i~r I l\ !'~ I 1 I, ~J 1` I ~ ~~ ! II ~ i ~ ~.~~ AREA ~ -1, ~.~,,,T ~'•`'%~ _ PROPOSED' ~~' `' =~ ~ ~ ` , `~/ R CREEK ESTATES ' ,. ~ r`' ~ ~ ''~~~ ~ `', ^~~' SUBDIVISION ~ ~ ~~ V I i ~ •~~,'~ \.- ~`%`~ ~` _ .. ~ i w ~ _ ~~ '~~:. nom.. ~~_ ; ~ _.,_;/~ TRIP `~'G _~ 1 ~ i I I~ :', ~ I i ~~,~-; ~ , , r ,~ ~~; ~~ ti i i i ,` ' ' ~ ,'~. I i :I ~ i ;I ~ i ~ i `i ~~_~ l vlc-r!wv ~~~^ ~ I i ~ ~` i ~ !I it \\ ~= mil ' ~ j ' ~, ~ ~~~~^(~ I PREPARED BT CTYQ. 9iTRV6Y CONgIILTANT9. INC. P.O. BOX 19 t330 w. STATE STREET NERIOUN. IOANO 03680 Facts and Findings: A. General Information Owner -Carol Lotspeich, Theron Scott Applicant -same R-1 and RT -Existing comp plan designation C-G -Requested comp plan designation 30.0 -Acres 289 -Traffic Analysis Zone (TAZ) West Ada -Impact Fee Benefit Z..one Western Cities -Impact Fee Assessment District Overland Road Minor arterial with bike lane designation Traffic count of 8,669 on 8-24-99 (w/o SH-69) B-Existing Level of Service D-Existing plus project build-out Level of Service 1,700-feet of frontage 90 to 120-feet existing right-of--way (40-feet from centerline) Sufficient right-of--way to tota196-feet Overland Road is improved with 25-feet of pavement with no curb, gutter or sidewalk abutting the site. Stoddard Road Local mid-section line road with no bike lane designation No traffic count available 725-feet of frontage 50-feet existing right-of--way (25-feet from centerline) 70-feet required right-of--way (35-feet from centerline) Stoddard Road is improved with 24-feet of pavement with no curb, gutter or sidewalk. Stoddard Road is currently listed in the Long Range Highway and Street Map as a section line roadway. Staff recommends that this roadway be reclassified as a collector roadway because: • Collector levels of traffic are anticipated on this roadway in the future. • The roadway is located midway between Linder Road and Meridian Road which is the optimal location for a future signal. • There are less than 10 existing single family dwellings that front on Stoddard Road. MCPA9906.CMM Page 2 B. The applicant has submitted a traffic analysis for this site. Findings of the study include: - Under the proposed comprehensive plan amendment, the proposed project is expected to generate 10,000 daily vehicle trips at full build-out. If the pass-by trips are deducted, the site is expected to generate 6,500 additional daily vehicle trips on the roadway network. - Under the existing comprehensive plan, the project is expected to generate 1,200 daily vehicle trips at frill build-out. - The proposed comprehensive plan amendment would increase daily traffic volumes by over 5,300 vehicles, from the existing comp plan designation. - The proposed comprehensive plan amendment would increase traffic volumes by over 500 peak hour vehicles. - The proposed project includes driveway connection to both Overland Road and Stoddard Road. There will be a north-south public road through this site that intersects .Overland Road. - The Overland Road/Meridian Road (Highway-69) intersection operates at an acceptable Level of Service (LOS) D under current conditions. - The Overland Road/Meridian Road (Highway-69) intersection will operate at an unacceptable Level of Service (LOS) F under Year 2005 conditions. The Year 2005 traffic volumes include some traffic from the comprehensive plan amendment area. Additional turn lanes are needed on the west to bring this intersection up to LOS E. The proposed comprehensive plan amendment increases traffic volumes at this intersection and furthers the need to upgrade this intersection. The intersection is not listed in the Five Year Work Program for reconstruction. - According to the traffic study the applicant should be required to construct a westbound left-turn lane at the Overland Road/Stoddard Road intersection. The applicant should coordinate the design of the turn-lane with District staff. - According to the traffic study the applicant should be required to construct a northbound left-turn lane at the Overland Road/Stoddard Road intersection. The applicant should coordinate the design of the turn-lane with District staff. C. 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 numbers) for details. D. On July 7, 1999, the Commission reviewed and approved Bear Creek Subdivision/MPP99-10, a 326-lot residential subdivision on 150.79-acres. That development is estimated to generate 3,260 additional vehicle trips per day based on the submitted traffic study. No homes are constructed at this date. As a condition of approval for the Bear Creek Subdivision, the applicant was required to stub Malayan Street to this applicant's south property line, located 1,200-feet east of Stoddard Road. The applicant should be required to extend Malayan. Street into the site and out to Overland Road. Malayan Street should be constructed as a 41-foot street section, with curb, gutter and 5-foot wide concrete sidewalk. E. The Overland Road/Stoddard Road intersection is anticipated to be signalized in the future. The intersection is not funded in the current Five Year Work Program. The applicant should be required to provide a deposit to the Public Rights-of--Way Trust Fund for their proportionate share of the cost of constnicting the signal. MCPA9906.CMM Page 3 F. Driveways on Overland Road should be located a minimum of 440-feet from the intersection for full access, 220-feet from the intersection for a restricted right-in/right-out driveway, and should align with or offset a minimum of 150-feet from any proposed/existing driveways. G. Driveways on Stoddard Road should be located a minimum of 175-feet from the intersection for full access, 85-feet from the intersection for a restricted right-in/right-out driveway, and should align with or offset a minimum of 150-feet from any proposed/existing driveways. H. According to District policy, a maximum of three public or private street intersections should be allowed on both Overland Road and Stoddard Road. I. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with past action by the District the applicant should be required to pave any proposed driveway its full width and at least 30-feet beyond the edge of pavement of Overland Road and Stoddard Road, and install pavement tapers with 15-foot radii abutting the existing roadway edge. J. District policy states that direct access to arterials and collectors is normally restricted and that the developer shall try to use combined access points. In accordance with District policy the applicant should be required to provide a recorded cross access easement among all of the parcels associated with the comp plan amendment, and to the parcel to the east to use this parcel for access to the public streets prior to issuance of a building permit (or other required permits). K. The applicant should be required to construct a center turn lane on Overland Road for any Overland Road/site access intersection. The turn lane should be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. L. The applicant should be required to construct a center turn lane on Stoddard Road for any Stoddard Road/site access intersection. The turn lane should be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. M. The applicant should be required to construct a 5-foot wide concrete sidewalk on Overland Road abutting the parcel within 2-feet of the new right-of--way. Coordinate the location, elevation and grade of the sidewalk with District staff. N. The applicant should be required to construct a 5-foot wide concrete sidewalk on Stoddard Road abutting the parcel within 2-feet of the new right-of--way. Coordinate the location, elevation and grade of the sidewalk with District staff. O. As required by District policy, restrictions on the width, number and locations of driveways, may be placed on future development of this parcel. MCPA9906.CMM Page 4 P. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation system will nQt be adequate to accommodate additional traffic generated by the land use patterns identified in the current Meridian Comprehensive Plan. The proposed zoning is anticipated to generate approximately 6,500 vehicle trips per day which would overburden the Overland Road/Meridian Road intersection with the existing configuration. The intersection currently operates at an acceptable Level of Service D under current conditions. The Overland Road/Meridian Road intersection will operate at an unacceptable Level of Service (LOS) F under Year 2005 conditions. The Year 2005 traffic volumes include some traffic from the comprehensive plan amendment area. Additional turn lanes are needed on the west to bring this intersection up to adequate levels of service. The proposed comprehensive plan amendment increases traffic volumes at this intersection and furthers the need to upgrade this intersection. The intersection will require substantial reconstruction, with the proposed and existing zoning, in order to accommodate the traffic generated by this site. Special Recommendation to the City of Meridian: The City should consider the total volume of trip generation that will be generated/attracted by the future development in this area. Substantial reconstruction of the Overland Road/Meridian Road intersection will be required to accommodate the traffic generated from this site. 2. In order to reduce trips to and from this development it is recommended that tenants occupying the proposed building be required to provide an Alternative Transportation Program for employees and provide an anmial report to ACHD on employee participation. Commuteride staff will coordinate the Alternative Transportation Program with the applicant. For more information contact Ms. Pat Nelson at 387-6160. If the comprehensive plan amendment is approved and the District receives a development proposal, the District intends to provide the following requirements, in addition to any additional requirements that may apply upon District review of future development, to the City of Meridian: Site Specific Requirements: Dedicate 48-feet ofright-of--way from the centerline of Overland Road 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. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The owner will be compensated for all right-of--way dedicated as an addition to existing right- of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. Dedicate 35-feet ofright-of--way from the centerline of Stoddard Road 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. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. MCPA9906.CMM Page 5 The owner will be compensated for all right-of--way dedicated as an addition to existing right- of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. 3. Extend Malayan Street into the site from the Bear Creek Subdivision, located approximately 1,200-feet east of Stoddard, out to Overland Road. Malayan Street should be constructed as a 41-foot street section, with curb, gutter and 5-foot wide concrete sidewalk. 4. Provide a deposit to the Public Rights-of--Way Trust Fund for the site's proportionate share of the cost of constructing the signal at the Overland Road/Stoddard Road intersection. 5. Construct a westbound left-turn lane at the Overland Road/Stoddard Road intersection. The applicant shall coordinate the design of the turn-lane with District staff. 6. Construct a northbound left-turn lane at the Overland Road/Stoddard Road intersection. The applicant shall coordinate the design of the turn-lane with District staff. 7. Locate driveways or public street intersections on Stoddard Road a minimum of 175-feet from the Overland Road/Stoddard Road intersection for full access, 85-feet from the intersection for a restricted right-in/right-out driveway, and align or offset a minimum of 150-feet from any proposed/existing driveways. Coordinate the location of driveways on Stoddard Road with District staff. Locate driveways or public street intersections on Overland Road a minimum of 440-feet from the Overland Road/Stoddard Road intersection for full access, 220-feet from the intersection for a restricted right-in/right-out driveway, and align or offset a minimum of 150-feet from any proposed/existing driveways. Coordinate the location of driveways on Overland Road with District staff. 9. A maximum of three public or private street intersections will be allowed on both Overland Road and Stoddard Road. 10. Pave any proposed driveway its full width and at least 30-feet beyond the edge of pavement of Overland Road and Stoddard Road, and install pavement tapers with 15-foot radii abutting the existing roadway edge. 11. Provide a recorded cross access easement among all of the parcels associated with the comp plan amendment, and to the parcel to the east to use this parcel for access to the public streets prior to issuance of a building permit (or other required permits). 12. Constnict a center turn lane on Overland Road for any proposed Overland Road/site access intersection. The turn lane shall be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. MCPA9906.CMM Page 6 13. The applicant shall be required to constnict a center turn lane on Stoddard Road for the Stoddard Road/site access intersection. The turn lane shall be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 14. Construct a 5-foot wide concrete sidewalk on Overland Road abutting the parcel within 2-feet of the new right-of--way. Coordinate the location, elevation and grade of the sidewalk with District staff. 15. Construct a 5-foot wide concrete sidewalk on Stoddard Road abutting the parcel within 2-feet of the new right-of--way. Coordinate the location, elevation and grade of the sidewalk with District staff. 16. As required by current District policy, additional restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 17. Other than the access point specifically described with this application, direct lot or parcel access to Overland Road and Stoddard Road is prohibited. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACRD Planning and Development Supervisor. The request hs all specifically id n ify each requirement to be reconsidered and incll~de a written explanation o ~x such a requirement would result in a substantial hardshi}~ or ine4uity. The written r~gt~est shall be submitted to the District no later than 9.00 a m on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The r~>>est for reconsideration shall ~necifically id n ify each requirement to be reconsidered and inchide written documentation of data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. MCPA9906.CMM Page 7 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Constriction, 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. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACRD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACRD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 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. 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Conclusion of Law: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. MCPA9906.CMM Page 8 RESOLUTION NO. 2 BY: ~~~~~ ~/~G~ A RESOLUTION FINDING THAT THE OWNERS, QUEENLAND ACRES, INC., THERON SCOTT, AND CAROL LOTSPIECH, OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN APPLICATION FOR THE AMENDMENT OF THE MERIDIAN COMPREHENSIVE PLAN GENERALIZED LAND USE MAP COMPONENT FOR THE DESIGNATION OF REAL PROPERTY THAT LIES PARTIALLY WITHIN THE BOUNDARIES OF THE CITY OF MERIDIAN AND PARTLALLY WITHIN THE IMPACT AREA OF THE CITY OF MERIDIAN FROM "SINGLE-FAMILY RESIDENTIAL DESIGNATION TO A MIXED PLANNED USE DEVELOPMENT DESIGNATION" AND REPEALING ALL ORDINANCES, RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO PREPARE THE APPROPRIATE MAPPING CHANGES OF THE OFFICIAL COMPREHENSIVE PLAN GENERALIZED LAND USE MA1' COMPONENT AND DIRECTING THE CITY CLERK TO NOTIFY AND PROVIDE A CERTIFIED COPY OF THE RESOLUTION TO THE APPROPRIATE ADA COUNTY OFFICIALS. BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: Section 1. Findings: 1. The owner, Queenland Acres, Inc., Theron Scott, and Carol Lotspiech, of the following described property has made a written application for a real property designation Comprehensive Plan Amendment to the Generalized Land Use Map Component change from a Single Family Residential designation to a Mixed Planned Use Development designation. 2. The City of Meridian Planning and Zoning Commission and the City Council having given notice and conducted all public hearings in accordance with law, and having duly notified Ada County of said application and having received their comments, and having issued its Findings of Fact and Conclusions of Law, Decision and Order Granting the Application; and RESOLUTION - (CPA-99-006) - PAGE 1 OF 3 3. The Real property which is the subject of this resolution is legally described as follows: A parcel located in the NE 1/4 of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at a 5/8 inch diameter iron pin marking the northwesterly corner of said NE 1/4 (one-quarter corner) from which a brass cap monument marking the northeasterly corner of said NE 1/4 bears N 89°21' 19" E a distance of 2618.81 feet; Thence N 89°21'19" E a distance of 1759.40 feet to a point; Thence S 3°59'54" W a distance of 755.96 feet to a point; Thence S 89°21'20" W a distance of 1706.67 feet to a point; Thence N 0°00'05" W a distance of 753.53 feet to the POINT OF BEGINNING. This parcel contains 29.98 acres and is subject to any easements existing or in use. Section 2. The above described real property be and the same is hereby re- designated on the Comprehensive Generalized Land Use Map from Single Family Residential to Mixed Planned Use Development. Section 3. The engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official Comprehensive Plan Generalized Land Use Map component in conformance with the provisions of the Resolution. Section 4. The City Clerk is to notify and provide a certified copy of the resolution to the appropriate Ada County officials to notify them of the comprehensive plan amendment. Section 5. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. RESOLUTION - (CPA-99-006) - PAGE 2 OF 3 Section 6. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. PASSE BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ? ~~ day of ~C~r~ ~ , 1999. APPROVED BX THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 7~' day of _~C2~-6~c~ , 1999. Ma r ``,~,~~rr~rrrrrrrrrrr rrr ATTE T: `,~`~G,,~y ~~~ ~~~t,~,`'~%,, City Clerk - Si r''~L ~ STATE OF IDAHO, ) ~~~~''~•~ ~UN~^~ ~ .~`~ ` :SS. Trrrjrnnrr r~~c+~`~~~ County of Ada, ) On this 7 ~- day of ,t~~,ay~~ , 1999, before me, the undersigned, Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ''•.a. ( o~ Ak y Notary Public for Idaho Q. • ~'' .~ ~ ~ Residing at: ~~~~'~ * = PUBy1G •, o ~ My Commission Expires: //-o~,z._ G y r •• ~ ,~ ~~, ••• Q' ,,, ,p' msg/Z:\~ ,t~~;~{~tn~`5360M\Queenland Acres\Resolution.CPA RESOLUTION - (CPA-99-006) - PAGE 3 OF 3 CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN A RESOLUTION FINDING THAT THE OWNERS, QUEENLAND ACRES, INC., THERON SCOTT, AND CAROL LOTSPIECH, OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN APPLICATION FOR THE Aiv1ENDMENT OF THE MERIDIAN COMPREHENSIVE PLAN GENERALIZED LAND USE MAP COMPONENT FOR THE DESIGNATION OF REAL PROPERTY THAT LIES PARTIALLY WITHIN THE BOUNDARIES OF THE CITY OF MERIDIAN AND PARTIALLY WITHIN THE IMPACT AREA OF THE CITY OF MERIDIAN FROM "SINGLE-FAMILY RESIDENTIAL DESIGNATION TO A MIXED PLANNED USE DEVELOPMENT DESIGNATION"AND REPEALING ALL ORDINANCES, RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO PREPARE THE APPROPRIATE MAPPING CHANGES OF THE OFFICIAL COMPREHENSIVE PLAN GENERALIZED LAND USE MAP COMPONENT AND DIRECTING THE CITY CLERK TO NOTIFY AND PROVIDE A CERTIFIED COPY OF THE RESOLUTION TO THE APPROPRIATE ADA COUNTY OFFICIALS. BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: Section 1. Findings: 1. The owners, Queenland Acres, Inc., Theron Scott, and Carol Lotspiech, of the following described property has made a written application for a real property designation Comprehensive Plan Amendment to the Generalized Land Use Map change from a Single Family Residential designation to a Mixed Planned Use Development designation. 2. The City of Meridian Planning and Zoning Commission and the City Council having given notice and conducted all public hearings in accordance with law, and having duly notified Ada County of said application and having received their comments, and having issued its Findings of Fact and Conclusions of La~v, Decision and Order Granting the Application; and (CPA-99-006) f 3. The Real property which is the subject of this resolution is legally described as follows: A parcel located in the NE 1/4 of Section- 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at a 5/8 inch diameter iron pin marking the northwesterly corner of said NE 1/4 (one-quarter corner) from which a brass cap monument marking the northeasterly corner of said NE 1/4 bears N 89°21' 19" E a distance of 2618.81 feet; Thence N 89°21' 19" E a distance of 1759.40 feet to a point; Thence S 3°59'54" W a distance of 755.96 feet to a point; Thence S 89°21'20" W a distance of 1706.67 feet to a point; Thence N 0°00'05" W a distance of 753.53 feet to the POINT OF BEGINNING. This parcel contains 29.98 acres and is subject to any easements existing or in use. Section 2. The above described real property be and the same is hereby re- designated on the Comprehensive Generalized Land Use Map from Single Family Residential to Mixed Planned Use Development. Section 3. The engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official Comprehensive Plan Generalized Land Use Map component in conformance with the provisions of the Resolution. Section 4. The City Clerk is to notify and provide a certified copy of the resolution to the appropriate Ada County officials to notify them of the comprehensive plan amendment. Section 5. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. (CPA-99-006) Section 6. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. +t~tttttntrNrrr y~ _ ~~ 1~illiam G. Berg, Jr. .S~'ua'~~ ~3ty Clerk q~ ~~o~' ` ~: "9~ GS;T ts~ ~ P,sQ: STATE OF IDAI'~~v~~')'~~~ \` :ss: County of Ada, On this '~~`' '~ day of ,((~ ~:~,,Gt,~~ 1 ~ , in the year 1999, before me, a Notary Public, appeared WILLIAM 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. ( ~ ~,~ * . Notary Public for Idaho * ~pUBtitiG•~ ,~ Commission Expires: j/ U,~ _~ ~ ~o S 15360Nt\Queenland Acres\CertofClk.CPA (CPA-99-006) interoffice M E M O R A N D U M To: William G. Ber Jr. ~+~~`~ `~`1 ~~-`~ From: Wm. F. Gigray, III SE~j e~1~~,GE SO ~yplD ~~/'~~ ~~ tlls Aas~. N 01~ 1 9 1999 Subject: QLTEENLAND ACRES, INC. (CPA-99-006) CITR~' f~~; ~;,~x; 4~~~+~ Date: November 18, 1999 Will: Please find enclosed a revised Findings of Fact and Conclusions of Law, Decision and Order Amending Comprehensive Plan Generalized Land Use Map for Case No. CPA-99-006, to Mixed Planned Use Development designation, and the accompanying Resolution and Certificate of Clerk. Please note that I have changed the following provisions: Finding of Fact deleted number 19, and deleted the language from 20 with insertion of the new language, and renumbered thereafter. 2. Conclusions of Law changed number 9 to reference change to Mixed Planned Use Development, and deleted number 10, and renumbered. 3. Decision and Order in numbers 1 and 2 changed the designation to Mixed Planned Use Development. 4. Revised the Resolution and Certificate of the Clerk to reflect a change to Mixed Planned Use Development designation. Because there are changes beyond what was stated on the record when the action was taken, I request that you resubmit this matter to the City Council for adoption and approval. The basis of the recommendation, is that, the additional changes were needed to avoid ambiguities that resulted with just the changes referenced on the 16a` of November. I feel without these additional changes the Findings weigh against the result. Please consult the Mayor for permission to place on the agenda for the December 7, 1999, meeting, and hold up on signing the Resolution and Certificate of Clerk. If you have questions please call. msg/Z:\WorkU~t\Meridian 15360M\Queenland Acres\Clerk111899.Mem M E M O R A N D U M / CE To: William G. Berg, Jr. R~1' I~~ From: Wm. F. Gigray, III 1D E C - 9 1999 Subject: QUEENLAND ACRES, INC. /CPA-99-006 CITY OF MERIDIAN Date: December 8, 1999 Will: Please find enclosed the revised Findings of Fact and Conclusions of Law, Decision and Order Amending Comprehensive Plan Generalized Land Use Map for Case No. CPA-99-006. The revision is in the footer to change Commercial to "Mixed Planned Use Development" pursuant to the City Council action at their December 7, 1999, meeting. If you have any questions please advise. msgjZ:\Worlc\MWleridian 15360M\Queenland Acres\Cler1c120899.Mem LS U~J U, IL-, Ufa L~ U ~ ~~'/ ~ t~ CERTIFICATE OF APPOINTMENT _. OF REGISTERED AGENT KNOW ALL MEN BY THESE PRESENTS: That QUEENLAND ACRES, INC. (Kameof Cer~orr[ion).. an Idaho corporation, pursuant to section 30-I-12, Idaho Code, and'by authority of its Board of Directors, does herebya oint DOr1S E. SCOtt ~~5 West Overland (\amc of Regixtercd Agent) ~ of Route #3 Meridian ,Idaho as its (street address) (city) Registered Agent in the State of Idaho, upon whom process issued by authority of or under any law of the State of Idaho may be served. IN WITNESS WHEREOF the corporation has caused this certificate to be executed and verified by its President (or Vice-President) on this 26th day of June ~ I9 79 QUEENLAND ACRES, INC. ~ ~,, (Vamenf~rationl By v' ~r/.~i'~r~ ~ • (President or Vice-President) President (Title) STATE OF IDAHO SS. Councy of Canyon ) Subscribed and sworn to before me this 26th day of June , Iq 79 , IN WITNESS WHEREOF, 1 have hereunto set my hand and affix/ed my seal. -~- Notary Public for the State of Idaho (Title) ARA 4-79 TO WHOM IT MAY CONCERN Date: August 12, 1999 I, Theron G. Scott, of 670 West Victory Road, Meridian, ID, certify that I e President of eenland Acres, Inc. and I am an authorized representative for Queenland Acres, In . Theron G. Scott, President STATE OF IDAHO) )ss CONUTY OF ADA) On this 12th day of August, 1999, before me Timothy A. Burgess, a Notary Public in and for said State, personally appeared Theron G. Scott, known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~~Wurrrrrr i' ;~~ ~'''~,~ ~-;Notary Public for the State of Idaho ~ ~` ~O'~ ~ R ~, '~ `~~~esiding at Meridian ~ ~ ~ ~ _ ~,l~Iy Commission Expires 1/28/2003 ~ ~ L~ OF ~ ~, ••.rrrr~~~~.. ... ~ ,~ ~~l~l~ : - . ~~ P&Z ab~l~e~ ~- ~l~~~a . request for com~ ~~ ~~~n . ~~~ ~~~ ~~ p I~ ame~nc~ment MICHELLE CORK The Valley News which are already part' of the commissioners will host publi , development including the he ri ~ 1VI)rRIDIAN -Saying fur- , . , ShopKo slated to open"thisfall.; a ngs on each item and mak ` a single recommendation to the Cher delays would jeopardize The Planning and :Zoning ' .council. ,,~ their. plans for a large :grocery Comtrusslon took. a smell step Moving the Meridian Cross- stdre, t!e developers of the to~ard saCisfytng Durkin. The roads `grocery store to the site Meridian Crossroads plaza members closed, the public, currently owned by Terrace urged the Planning and Zoning hearing attd abled his reques , Lawir Metriorial Gardens east Commission Thursday to move until a Sept: ~0 special meeting of Records Drive would ensure ahead with their request fora ' at which time-they will consid= - trucks unloading cargo 24 hours comprehensive plan amend- er all requests to amend the a day would not back up to any ment. comprehensive plan. homes in the adjacent C'ross- "It's going to hurt us," said Commissioners would not, roads subdivision, Durkin said Dakota Co. president -Larry however, go so'far: as to recom-. . :Also tabled until Sept. 3U are+ Durkin, spokesman for the mend the. City Council take requests to rezone the parcel developer of the $4U :million. action on the request. That from single fanuly to commer- mall at the intersection of Eagle move would have, by state vial and to annex .the property Road and Franklin Avenue. statute, blocked the commission ... owned by the cemetery and cut•• J "tt will, as a matter of fact; from making any other amend- rently occupied by D (~/ jeopardize our 210,000-square- -menu. to the comprehensive Fairview Turf and Nursery. foot grocery store: ' plan until January 2000.• Durkin has said building per- As part of its request; Devel- According to state law, plan- mits have been obtained for opens Diversified Realty Chip; nine bodies can .recommend a other stores and restaurants wants to add 1Z acres to the'75- change to the land use portion - along Eagle Road fron~ acre shopping center'n-order to of a city's cotprehensive plan Fairview to Presidential accommodate what Durkin manly once every six months. . Among the confirmed tenants described, as a "general„ men- In order to accommodate any are.Office Depot, Bed, Balh and chandise and grocery store 'one :who proposes.: such ~ ~n beyond; and Shepler's, a west- combined in one building." amendment. in Meridt~an, the etn ;clothing store. A sporting It would, he said, comple= Plancung.and.Zoning Commpis- goods store, computer store, ment the retail stores and, sion set a deadline of Aug. 16 and coffee and sandwich shops restaurants of various sizes for all requests. ' ~ During the Sep#: 30 meeting, are also slated to open by Spring 2000. r r• A 7 7 ~ 7 _. MERIDIAN CITY COUNCIL MEETING: DECEMBER 7 1999 ~/ APPLICANT: QUEENLAND ACRES, INC. AGENDA ITEM NUMBER: REQ EST- COMPREHENSIVE PLAN AMENDMENT TO CHANGE LAND USE FROM SINGLE-FAMILY RESIDENTIAL TO COMMERCIAL AGENCY CITY CLERK: 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: COMMENTS SEE ATTACHED ~~JH I~ W US W EST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: nTUGO• All Materials presented at public meetings shah become property of the City of Meridian. BEFORE THE MERIDIAN CITY COUNCIL 11-16-99 IN THE MATTER OF THE ) APPLICATION OF QUEENLAND ) ACRES, INC. FORA ) COMPREHENSIVE PLAN ) AMENDMENT TO CHANGE LAND) USE FROM SINGLE FAMILY ) RESIDENTIAL TO COMMERCIAL ) FOR THE SOUTH SIDE OF ) OVERLAND ROAD, 1/4 MILE ) WEST OF MERIDIAN ROAD, ) WESTWARD TO STODDARD ) ROAD, MERIDIAN, IDAHO ) CASE NO. CPA-99-006 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP The above entitled application for amendment to the City of Meridian's Comprehensive Plan Generalized Land Use Map having come on for public hearing before the City Council on the 31d day of November, 1999, at the hour of 7:00 p.m., on said date at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and appearing and offering testimony was Shari Stiles, Planning and Zoning Administrator, and appearing and testifying was the Applicant/Owner, Pam Lotspiech, and no one appeared in opposition, and the Council having received the record of this matter from the Planning and Zoning Commission, and having received the "Findings of Fact and Conclusions of Law and Decision and Recommendation" of FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 1 OF 15 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP TO COMMERCIAL QUEENLAND ACRES,. INC. -CPA-99-006 the Planning and Zoning Commission on this application, and having duly considered the matter, the City Council makes the following Findings of Fact, Conclusions of Law, Decision and Order Amending Comprehensive Plan Generalized Land Use Map. FINDINGS OF FACT A notice of the time, place, and a summary of the proposed amendment plan to be discussed at the November 3, 1999, hearing was published fifteen (15) days prior to said hearing; copies of all notices were made available to newspaper, radio, and television stations; the matter was duly considered at the November 3, 1999, public hearing; and the public was given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in the City of Meridian Comprehensive Plan and Idaho Code § 67-6509. 3. The property which is the subject of the application for amendment is herein described as follows to-wit: A parcel located in the NE 1/4 of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at a 5/8 inch diameter iron pin marking the northwesterly corner of said NE 1/4 (one-quarter corner) from which a brass cap monument marking the northeasterly corner of said NE 1/4 bears N 89°21' 19" E a FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 2 OF 15 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP TO COMMERCIAL QUEENLAND ACRES, INC. -CPA-99-006 distance of 2618.81 feet; Thence N 89°21'19" E a distance of 1759.40 feet to a point; Thence S 3°59'54" W a distance of 755.96 feet to a point; Thence S 89°21'20" W a distance of 1706.67 feet to a point; Thence N 0°00'05" W a distance of 753.53 feet to the POINT OF BEGINNING. This parcel contains 29.98 acres and is subject to any easements existing or in use. 4. The Applicant is QUEENLAND ACRES, INC., of 1032 E. Cayman Drive, Meridian, Idaho. The Applicant filed a written Comprehensive Plan amendment application. 5. Pursuant to the application, the affected property is generally described as a parcel on the south side of Overland Road approximately 1/4 mile west of Meridian Road, westward to Stoddard Road. 6. The application consists of twelve one-acre parcels and 20 acres of farmland for a total of approximately 30 acres, all of which are outside of the City limits but abut the City limits, with the one acre parcels currently zoned County R1 and the farmland zoned as County RT Rural Transitional. 7. The Meridian Planning and Zoning Commission takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Title 11, Municipal FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 3 OF 15 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP TO COMMERCIAL QUEENLAND ACRES, INC. -CPA-99-006 Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, adopted December 21, 1993, Ord. No. 629-Jan.4, 1994 and Maps and Ordinance establishing the Impact Area Boundary. 8. The Applicant requested the Comprehensive Plan amendment and the application was not initiated at the request of the City of Meridian. 9. The proposed application requests a Comprehensive Plan amendment to change the designation of the subject property from Single Family Residential to Commercial. The designation change requires an amendment to the Comprehensive Plan of the City of Meridian as requested by the Applicant. (City of Meridian Comprehensive Plan, pg. 78-79). 10. The subject real property has 10 one-acre parcels zoned R-1 with residential rental houses and which are owned by the Applicant, these parcels have direct access to Overland Road and additionally there are 20 acres of farmland zoned as Ada RT Rural Transitional. The Meridian City limits abut the property on the east and the north. Water and sewer is available with extension of lines. The property is within the Meridian Area of Impact. 11. The conditions or situations which warrant a change being made from Single Family Residential to Commercial includes the fact that all of the adjoining property north of Overland Road is zoned C-G and is currently being developed into FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 4 OF 15 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP TO COMMERCIAL QUEENLAND ACRES, INC. -CPA-99-006 commercial businesses. The existing property to the east is also zoned C-G. Overland Road is a minor arterial with a proposed 96-feet right-of-way. This would put the roadside within 23-feet of the existing residential houses. 12. The public need for and/or benefit from such a change in the Plan is it would be appropriate to have commercial property adjacent to Overland Road to provide a buffer from future residential use anticipated to the south. Controlled entrance of traffic to Overland Road could be planned. Freeway access is readily available to allow the public to reach future businesses. 13. No other solutions to the problem are presented by the current policy of the Plan that are possible or reasonable in that, directly north, existing businesses include Mountain View Equipment, Intermountain Pet Hospital, Roaring Springs Water Park, and Boondocks. Currently, Interstate Center has future plans for motel and restaurant development. It is not reasonable to expect this large, full-scale commercial development on the north side of Overland Road to be compatible with single-family housing on the south side. Title 67, Chapter 65, Idaho Code, will not allow zoning or annexation requests until the Meridian Comprehensive Plan is amended. 14. The applicants do not plan to develop the property themselves, but they do have an interested buyer fora 7-acre parcel on the west side of Rollo located FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 5 OF 15 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP TO COMMERCIAL QUEENLAND ACRES, INC. -CPA-99-006 across from Roaring Springs Water Park. The purchasers plans include a planned RV park for travelers visiting the water park. 15. Any commercial development would add to Meridian's future tax base and provide additional customers for existing businesses in Meridian. Costs would be paid by future impact fees, increase in tax base, developers, and future businesses. 16. The City has complied with the referral process with Ada County of the requested amendment of the Comprehensive Plan. 17. The Applicant filed a written application for Comprehensive Plan amendment with the consent and permission of the owners of the real properties which include Queenland Acres, Inc., Theron Scott and Carol Lotspiech. 18. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Title 11, Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, adopted December 21, 1993, Ord. No. 629-Jan.4, 1994 and Maps and Ordinance establishing the Impact Area Boundary. 19. The Planning and Zoning Commission has recommended to the City Council approval of an amendment to the City of Meridian Comprehensive Plan Generalized Land Use Map component for the subject real property from Single Family Residential to Mixed Planned Use Development which will call for FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 6 OF 15 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP TO COMMERCIAL QUEENLAND ACRES, INC. -CPA-99-006 commercial development along Overland Road, while giving the Planning and Zoning Commission, and the City Council, greater control over the uses that develop to ensure compatibility with surrounding development, and as an entryway corridor to the City of Meridian. CONCLUSIONS OF LAW 1. The procedural requirements of the Land Use Planning Act and of the Comprehensive Plan of the City of Meridian require notice of the time, place, and a summary of the proposed amendment to the Plan, the publication of which is to be fifteen (15) days prior to the hearing; copies of all notices are to be made available to newspaper, radio, and television stations. (Meridian Comprehensive Plan Implementation Chapter, Comprehensive Plan Amendment Section; Idaho Code § 67-6509(b)). 2. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Land Use Planning Act" codified at Chapter 65, Title 67, Idaho Code (I.C. § 67-6509). 3. The Meridian Planning and Zoning Commission may exercise all the powers required and authorized under the "Land Use Planning Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 7 OF 15 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP TO COMMERCIAL QUEENLAND ACRES, INC. -CPA-99-006 ordinance pursuant to Idaho Code § 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Title XI, Chapter I, Municipal Code of the City of Meridian. 4. The City Council or any group or person may petition the Planning and Zoning Commission for a plan amendment at any time. The following requirements, time tables, and procedures to amend Meridian's Comprehensive Plan at pages 78 - 79 must be satisfied: A. Application to amend the Comprehensive Plan may be filed with the Planning and Zoning Commission at any time. B. The Applicant will submit a letter for a Plan amendment which will contain the following; 4.B.1 Specific definition of the change requested. 4.B.2 Specific information on any property involved. 4.B.3 The condition or situation which warrants a change being made in the Plan. 4.B.4 The public need for and benefit from such a change in the Plan. 4.B.5 Documentation that no other solutions to the problem are presented by the current policy of the Plan are possible or reasonable. 4.B.6 Development intentions for any land involved. FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 8 OF 15 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP TO COMMERCIAL QUEENLAND ACRES, INC. -CPA-99-006 4.B.7 Any other data and information needed by the Planning and Zoning Commission in evaluating the proposal, such as who does it help, who does it hurt, how much is it going to cost and who is going to pay for it. C. No application will be considered until the required information is complete. (Meridian Comprehensive Plan Implementation Chapter, Comprehensive Plan Amendments Section). 5. The Commission may recommend amendments to the land use map component of the Comprehensive Plan to the City Council not more frequently than one every six (6) months. (Idaho Code § 67-6509(d); Meridian Comprehensive Plan Implementation Chapter, Comprehensive Plan Amendments Section) 6. The City Council may conduct a public hearing in addition to the public hearing conducted by the Planning and Zoning Commission as provided by Ordinance, prior to adoption, amendment, or repeal of the Comprehensive Plan using the same notice and hearing procedures as the Commission, only after having received the Recommendations from the Planning and Zoning Commission. Idaho Code § 67-6509(b). 7. The Comprehensive Plan of the City of Meridian provides at page 79 in Section F, G and H of the Section entitled "Comprehensive Plan Amendments" for the procedure to be followed by the City Council upon receipt of the Planning and FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 9 OF 15 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP TO COMMERCIAL QUEENLAND ACRES, INC. -CPA-99-006 Zoning Commission's recommendations to as follows: F: Upon receipt of the Planning and Zoning Commission's recommendations on Plan amendments, the City Council will set a date for public hearing on the application. At the public hearing, the proposed amendments will be presented and the City Council will receive the report of is Committee, if one has been appointed, and public testimony on each application. G: At the public hearing or within 45 days thereafter, the City Council shall approve or deny the application (except that with the written agreement of the applicant, an additional amount of time, which shall be specified, may be taken). All applicants shall be notified by mail of the City Council's decision and the decision shall be supported by findings of fact and conclusions of law. If the City Council makes a material change in the proposed plan amendment it shall conduct one additional public hearing prior to adopting the proposed amendment as changed and may alter its findings of fact and conclusions of law. H: All applications for Comprehensive Plan amendments shall be acted upon by the City Council within 16 months from their date of filing unless, upon written agreement of the applicant, an additional amount of time may be specified, or unless the provisions of Section (1) are applicable requiring additional time for study. 8. The Meridian Comprehensive Plan applies to the Meridian Area of City Impact and the coordination of amendments and zoning applications in the Impact Area are as follows: 1-11-6 Meridian City Code: Coordination ofAmendments and Zoning Applications: "A. County and City Coordination: All applications for Ada County and FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 10 OF 15 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP TO COMMERCIAL QUEENLAND ACRES, INC. -CPA-99-006 Meridian amendments to their respective comprehensive plans and implementing ordinances which apply within the area of City impact shall be sent by the entity considering such amendment to the other entity. A separate referral process shall be adopted by resolution by each entity regarding procedures and time periods for, and the effect of, sending such amendments, and such resolution may be amended from time to time upon mutual agreement in writing by Ada County and the City. B. Applications To City: All Ada County applications for planned developments, subdivisions, rezones, private roads, and conditional use permits within the area of City impact shall be sent to Meridian, in accordance with the referral process arrived at pursuant to subsection A of this Section." 9. To change a designation from Single Family Residential to Mixed Planned Use Development requires approval by the Planning and Zoning Commission as provided under the City of Meridian Comprehensive Plan, Implementation Chapter Comprehensive Plan Amendments Section. 10. Upon review of an amendment application affecting residential designations, the Council should take the following policies into account: 10.1 Support a variety of residential categories (urban, rural, single- family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. 10.2 Support strategies for the development of neighborhood parks within all residential areas. 10.3 Protect and maintain residential neighborhood property values, improve each neighborhood's physical condition and enhance its FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 11 OF 15 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP TO COMMERCIAL QUEENLAND ACRES, INC. -CPA-99-006 quality of life for residents. 10.4 Encourage sidewalks and paved streets for all existing neighborhoods through joint ACHD/Local Improvement District programs. 10.5 Encourage compatible infill development which will improve existing neighborhoods. 11. The requirements for a Comprehensive Plan are set forth in I.C. § 67- 6508. The statute provides in part that: "The plan shall consider previous and existing conditions, trends, desirable goals and objectives, or desirable future situations for each planning component. The maps and charts are based on the components of the written plan." DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN ADOPTED, the City Council does hereby Order and this does Order that: 1. The Applicant's request for Comprehensive Plan Amendment to the Generalized Land Use Map Component to change the real property described in Finding of Fact no. 3 from a Single Family Residential designation to Mixed Planned Use Development designation is granted. 2. .The City Attorney is directed to prepare for consideration by the City FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 12 OF 15 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP TO COMMERCIAL QUEENLAND ACRES, INC. -CPA-99-006 Council the appropriate Resolution directing the Comprehensive Plan Land Use Map Component change of the subject real property from Single Family Residential to Mixed Planned Use Development. 3. Subsequent to the passage of the Resolution, provided for in Section 2 of this Order, the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official Comprehensive Plan Generalized Land Use Map component in conformance with this Order and the provisions of the Resolution. 4. The City Clerk is to notify and provide a certified copy of the Resolution to the appropriate Ada County officials to notify them of the Comprehensive Plan amendment. FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 13 OF 15 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP TO COMMERCIAL QUEENLAND ACRES, INC. -CPA-99-006 NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the Comprehensive Plan Land Use Map change may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the day of 1999. ROLL CALL COUNCILMAN RON ANDERSON COUNCILMAN GLENN BENTLEY COUNCILMAN KEITH BIRD COUNCILMAN CHARLIE ROUNTREE VOTED VOTED VOTED VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 14 OF 15 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP TO COMMERCIAL QUEENLAND ACRES, INC. -CPA-99-006 MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department, appropriate Ada County officials, and the City Attorney. By: City Clerk Dated: msg/Z:\Work\M\Meridian 15360M\Queenland Acres\FfC1DecOrdCPA FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 15 OF 15 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP TO COMMERCIAL QUEENLAND ACRES, INC. -CPA-99-006 November 12, 1999 MERIDIAN CITY COUNCIL MEETING: NOVEMBER 16, 1999 APPLICANT: QUEENLAND ACRES INC ITEM #: 11 REQUEST: CPA FROM SINGLE FAMILY RESIDENTIAL TO COMMERCIAL AGENCY COMMENTS CITY CLERK: 2 CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER 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: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: ~~r ~~~ ~~ ~a~~ ~3 n Y ~~~~° r~0"f~F~°I Q,o ~~ ~~~ ~ L`~ ` ,~' ~~. ~~ ~~1~1 { i R 1~ SANITARY SERVICE: OTHER: '~ All Materials presented at public meetings shall become property of the City of Meridian. interoffice M E M O R A N D U M To: William G. Berg, Jr. From: Wm. F. Gigray, III Subject: QUEENLAND ACRES, INC. File: CPA-99-006 Date: November 16, 1999 Will: REC~=~D N pV 1 6 1999 City of Meridian city Clerk Office Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP, for the above matter, and set for the City Council meeting on Tuesday, November 16, 1999. Additionally, I have enclosed the original of the Resolution and Certificate of the Clerk. Please make sure once the Resolution has been passed to provide a certified copy to the Ada County Development Services, ATTN: Jeff Patlovich, Director, 650 Main Street, Boise, Idaho 83702, telephone number 364-2277, if you have any questions.. Please serve conformed copies of the Findings and Resolution upon the Applicant, Planning and Zoning Department, Public Works, City Attorney, and anyone who has filed a demand for notice of Council's action. If you have any questions, please advise. msg/Z:\Work\M\Meridian 15360M\Queenland Acres\FfClsDecOrdClkLtrCPA99006.CPA BEFORE THE MERIDIAN CITY COUNCIL 11-16-99 IN THE MATTER OF THE ) APPLICATION OF QUEENLAND ) ACRES, INC. FORA ) COMPREHENSIVE PLAN ) AMENDMENT TO CHANGE LAND) USE FROM SINGLE FAMILY ) RESIDENTIAL TO COMMERCIAL ) FOR THE SOUTH SIDE OF ) OVERLAND ROAD, 1/4 MILE ) WEST OF MERIDIAN ROAD, ) WESTWARD TO STODDARD ) ROAD, MERIDIAN, IDAHO ) CASE NO. CPA-99-006 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP The above entitled application for amendment to the City of Meridian's Comprehensive Plan Generalized Land Use Map having come on for public hearing before the City Council on the 3rd day of November, 1999, at the hour of 7:00 p.m., on said date at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and appearing and offering testimony was Shari Stiles, Planning and Zoning Administrator, and appearing and testifying was the Applicant/Owner, Pam Lotspiech, and no one appeared in opposition, and the Council having received the record of this matter from the Planning and Zoning Commission, and having received the "Findings of Fact and Conclusions of Law and Decision and Recommendation" of FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 1 OF 16 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP TO COMMERCIAL QUEENLAND ACRES, INC. -CPA-99-006 • the Planning and Zoning Commission on this application, and having duly considered the matter, the City Council makes the following Findings of Fact, Conclusions of Law, Decision and Order Amending Comprehensive Plan Generalized Land Use Map. FINDINGS OF FACT 1. A notice of the time, place, and a summary of the proposed amendment plan to be discussed at the November 3, 1999, hearing was published fifteen (15 ) days prior to said hearing; copies of all notices were made available to newspaper, radio, and television stations; the matter was duly considered at the November 3, 1999, public hearing; and the public was given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in the City of Meridian Comprehensive Plan and Idaho Code § 67-6509. 3. The property which is the subject of the application for amendment is herein described as follows to-wit: A parcel located in the NE 1/4 of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at a 5/8 inch diameter iron pin marking the northwesterly corner of said NE 1/4 (one-quarter corner) from which a brass cap monument marking the northeasterly corner of said NE 1/4 bears N 89°21' 19" E a FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 2 OF 16 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP TO COMMERCIAL QUEENLAND ACRES, INC. -CPA-99-006 distance of 2618.81 feet; Thence N 89°21' 19" E a distance of 1759.40 feet to a point; Thence S 3°59'54" W a distance of 755.96 feet to a point; Thence S 89°21'20" W a distance of 1706.67 feet to a point; Thence N 0°00'05" W a distance of 753.53 feet to the POINT OF BEGINNING. This parcel contains 29.98 acres and is subject to any easements existing or in use. 4. The Applicant is QUEENLAND ACRES, INC., of 1032 E. Cayman Drive, Meridian, Idaho. The Applicant filed a written Comprehensive Plan amendment application. 5. Pursuant to the application, the affected property is generally described as a parcel on the south side of Overland Road approximately 1/4 mile west of Meridian Road, westward to Stoddard Road. 6. The application consists of twelve one-acre parcels and 20 acres of farmland for a total of approximately 30 acres, all of which are outside of the City limits but abut the City limits, with the one acre parcels currently zoned County R1 and the farmland zoned as County RT Rural Transitional. 7. The Meridian Planning and Zoning Commission takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Title 11, Municipal FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 3 OF 16 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP TO COMMERCIAL QUEENLAND ACRES, INC. -CPA-99-006 Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, adopted December 21, 1993, Ord. No. 629-Jan.4, 1994 and Maps and Ordinance establishing the Impact Area Boundary. 8. The Applicant requested the Comprehensive Plan amendment and the application was not initiated at the request of the City of Meridian. 9. The proposed application requests a Comprehensive Plan amendment to change the designation of the subject property from Single Family Residential to Commercial. The designation change requires an amendment to the Comprehensive Plan of the City of Meridian as requested by the Applicant. (City of Meridian Comprehensive Plan, pg. 78-79). 10. The subject real property has 10 one-acre parcels zoned R-1 with residential rental houses and which are owned by the Applicant, these parcels have direct access to Overland Road and additionally there are 20 acres of farmland zoned as Ada RT Rural Transitional. The Meridian City limits abut the property on the east and the north. Water and sewer is available with extension of lines. The property is within the Meridian Area of Impact. 11. The conditions or situations which warrant a change being made from Single Family Residential to Commercial includes the fact that all of the adjoining property north of Overland Road is zoned C-G and is currently being developed into FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 4 OF 16 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP TO COMMERCIAL QUEENLAND ACRES, INC. -CPA-99-006 commercial businesses. The existing property to the east is also zoned C-G. Overland Road is a minor arterial with a proposed 96-feet right-of-way. This would put the roadside within 23-feet of the existing residential houses. 12. The public need for and/or benefit from such a change in the Plan is it would be appropriate to have commercial property adjacent to Overland Road to provide a buffer from future residential use anticipated to the south. Controlled entrance of traffic to Overland Road could be planned. Freeway access is readily available to allow the public to reach future businesses. 13. No other solutions to the problem are presented by the current policy of the Plan that are possible or reasonable in that, directly north, existing businesses include Mountain View Equipment, Intermountain Pet Hospital, Roaring Springs Water Park, and Boondocks. Currently, Interstate Center has future plans for motel and restaurant development. It is not reasonable to expect this large, full-scale commercial development on the north side of Overland Road to be compatible with single-family housing on the south side. Title 67, Chapter 65, Idaho Code, will not allow zoning or annexation requests until the Meridian Comprehensive Plan is amended. 14. The applicants do not plan to develop the property themselves, but they do have an interested buyer fora 7-acre parcel on the west side of Rollo located FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 5 OF 16 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP TO COMMERCIAL QUEENLAND ACRES, INC. -CPA-99-006 • across from Roaring Springs Water Parlc. The purchasers plans include a planned RV park for travelers visiting the water park. 15. Any commercial development would add to Meridian's future tax base and provide additional customers for existing businesses in Meridian. Costs would be paid by future impact fees, increase in tax base, developers, and future businesses. 16. The City has complied with the referral process with Ada County of the requested amendment of the Comprehensive Plan. 17. The Applicant filed a written application for Comprehensive Plan amendment with the consent and permission of the owners of the real properties which include Queenland Acres, Inc., Theron Scott and Carol Lotspiech. 18. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Title 11, Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, adopted December 21, 1993, Ord. No. 629-Jan.4, 1994 and Maps and Ordinance establishing the Impact Area Boundary. 19. The Applicant requested the Comprehensive Plan amendment and the application was not initiated at the request of the City of Meridian. 20. The proposed application requests a Comprehensive Plan amendment to change the designation of the subject property from Single Family Residential to FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 6 OF 16 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP TO COMMERCIAL QUEENLAND ACRES, INC. -CPA-99-006 • i Commercial. The designation change as requested by the Applicant requires an amendment to the Comprehensive Plan of the City of Meridian. (City of Meridian Comprehensive Plan, pg. 78-79). CONCLUSIONS OF LAW 1. The procedural requirements of the Land Use Planning Act and of the Comprehensive Plan of the City of Meridian require notice of the time, place, and a summary of the proposed amendment to the Plan, the publication of which is to be fifteen (15) days prior to the hearing; copies of all notices are to be made available to newspaper, radio, and television stations. (Meridian Comprehensive Plan Implementation Chapter, Comprehensive Plan Amendment Section; Idaho Code § 67-6509(b)). 2. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Land Use Planning Act" codified at Chapter 65, Title 67, Idaho Code (I.C. § 67-6509). 3. The Meridian Planning and Zoning Commission may exercise all the powers required and authorized under the "Land Use Planning Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code § 67-6504 which the City Council of the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 7 OF 16 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP TO COMMERCIAL QUEENLAND ACRES, INC. -CPA-99-006 • Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Title XI, Chapter I, Municipal Code of the City of Meridian. 4. The City Council or any group or person may petition the Planning and Zoning Commission for a plan amendment at any time. The following requirements, time tables, and procedures to amend Meridian's Comprehensive Plan at pages 78 - 79 must be satisfied: A. Application to amend the Comprehensive Plan may be filed with the Planning and Zoning Commission at any time. B. The Applicant will submit a letter for a Plan amendment which will contain the following; 4.B.1 Specific definition of the change requested. 4.B.2 Specific information on any property involved. 4.B.3 The condition or situation which warrants a change being made in the Plan. 4.B.4 The public need for and benefit from such a change in the Plan. 4.B.5 Documentation that no other solutions to the problem are presented by the current policy of the Plan are possible or reasonable. 4.B.6 Development intentions for any land involved. 4.B.7 Any other data and information needed by the Planning FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 8 OF 16 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP TO COMMERCIAL QUEENLAND ACRES, INC. -CPA-99-006 and Zoning Commission in evaluating the proposal, such as who does it help, who does it hurt, how much is it going to cost and who is going to pay for it. C. No application will be considered until the required information is complete. (Meridian Comprehensive Plan Implementation Chapter, Comprehensive Plan Amendments Section). 5. The Commission may recommend amendments to the land use map component of the Comprehensive Plan to the City Council not more frequently than one every six (6) months. (Idaho Code § 67-6509(d); Meridian Comprehensive Plan Implementation Chapter, Comprehensive Plan Amendments Section) 6. The City Council may conduct a public hearing in addition to the public hearing conducted by the Planning and Zoning Commission as provided by Ordinance, prior to adoption, amendment, or repeal of the Comprehensive Plan using the same notice and hearing procedures as the Commission, only after having received the Recommendations from the Planning and Zoning Commission. Idaho Code § 67-6509(b). 7. The Comprehensive Plan of the City of Meridian provides at page 79 in Section F, G and H of the Section entitled "Comprehensive Plan Amendments" for the procedure to be followed by the City Council upon receipt of the Planning and Zoning Commission's recommendations to as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 9 OF 16 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP TO COMMERCIAL QUEENLAND ACRES, INC. -CPA-99-006 • • F: Upon receipt of the Planning and Zoning Commission's recommendations on Plan amendments, the City Council will set a date for public hearing on the application. At the public hearing, the proposed amendments will be presented and the City Council will receive the report of is Committee, if one has been appointed, and public testimony on each application. G: At the public hearing or within 45 days thereafter, the City Council shall approve or deny the application (except that with the written agreement of the applicant, an additional amount of time, which shall be specified, may be taken). All applicants shall be notified by mail of the City Council's decision and the decision shall be supported by findings of fact and conclusions of law. If the City Council makes a material change in the proposed plan amendment it shall conduct one additional public hearing prior to adopting the proposed amendment as changed and may alter its findings of fact and conclusions of law. H: All applications for Comprehensive Plan amendments shall be acted upon by the City Council within 16 months from their date of filing unless, upon written agreement of the applicant, an additional amount of time may be specified, or unless the provisions of Section (1) are applicable requiring additional time for study. 8. The Meridian Comprehensive Plan applies to the Meridian Area of City Impact and the coordination of amendments and zoning applications in the Impact Area are as follows: I -11-6 Meridian City Code• Coordination of Amendments and Zoning Applications: "A. County and City Coordination: All applications for Ada County and Meridian amendments to their respective comprehensive plans and implementing ordinances which apply within the area of City impact FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 10 OF 16 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP TO COMMERCIAL QUEENLAND ACRES, INC. -CPA-99-006 shall be sent by the entity considering such amendment to the other entity. A separate referral process shall be adopted by resolution by each entity regarding procedures and time periods for, and the effect of; sending such amendments, and such resolution may be amended from time to time upon mutual agreement in writing by Ada County and the city. B. Applications To City: All Ada County applications for planned developments, subdivisions, rezones, private roads, and conditional use permits within the area of City impact shall be sent to Meridian, in accordance with the referral process arrived at pursuant to subsection A of this Section." 9. To change a designation from Single Family Residential to Commercial requires approval by the Planning and Zoning Commission as provided under the City of Meridian Comprehensive Plan, Implementation Chapter Comprehensive Plan Amendments Section. 10. Upon review of an amendment application relating to land use designations, the Council should take the following objectives into account: 10.1 Mixed-planned uses along the I-84 corridor, which are attractive and compatible with high-volume traffic corridors. 10.2 Designating ample land for urban expansion and infill. 10.3 Quality residential neighborhoods, north, south, east, and west of Old Town. 10.4 Planned mixed uses along I-84, Franklin Road, U.P. Railroad, and Fairview Avenue corridors. 10.5 Buffers to the waste treatment plant. FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 11 OF 16 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP TO COMMERCIAL QUEENLAND ACRES, INC. -CPA-99-006 L' 10.6 Adequate school and park sites for quality living. 10.7 The importance of maintaining compatible land uses to ensure an optimum quality of life. 10.8 Respect for the responsibilities and rights of land ownership. 10.9 Reinforce the role of the City in regulating the use of land resources for the benefit of future generations. 10.10 Plan for multiple use of public facilities wherever feasible. 11. Upon review of an amendment application affecting residential designations, the Council should take the following policies into account: 11.1 Support a variety of residential categories (urban, rural, single- family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. 11.2 Support strategies for the development of neighborhood parks within all residential areas. 11.3 Protect and maintain residential neighborhood property values, improve each neighborhood's physical condition and enhance its quality of life for residents. 11.4 Encourage sidewalks and paved streets for all existing neighborhoods through joint ACHD/Local Improvement District programs. 11.5 Encourage compatible infill development which will improve existing neighborhoods. 12. The requirements for a Comprehensive Plan are set forth in I.C. § 67- FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 12 OF 16 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP TO COMMERCIAL QUEENLAND ACRES, INC. -CPA-99-006 6508. The statute provides in part that: "The plan shall consider previous and existing conditions, trends, desirable goals and objectives, or desirable future situations for each planning component. The maps and charts are based on the components of the written plan." DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN ADOPTED, the City Council does hereby Order and this does Order that: 1. The Applicant's request for Comprehensive Plan Amendment to the Generalized Land Use Map Component to change the real property described in Finding of Fact no. 3 from a Single Family Residential designation to Commercial designation is granted. 2. The City Attorney is directed to prepare for consideration by the City Council the appropriate Resolution directing the Comprehensive Plan Land Use Map Component change of the subject real property from Single Family Residential to Commercial. 3. Subsequent to the passage of the Resolution, provided for in Section 2 of this Order, the engineering staff of the Public Works Department shall prepare the FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 13 OF 16 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP TO COMMERCIAL QUEENLAND ACRES, INC. -CPA-99-006 • appropriate mapping changes of the official Comprehensive Plan Generalized Land Use Map component in conformance with this Order and the provisions of the Resolution. 4. The City Clerk is to notify and provide a certified copy of the Resolution to the appropriate Ada County officials to notify them of the Comprehensive Plan amendment. FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 14 OF 16 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP TO COMMERCIAL QUEENLAND ACRES, INC. -CPA-99-006 NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the Comprehensive Plan Land Use Map change may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the day of 1999. ROLL CALL COUNCILMAN RON ANDERSON COUNCILMAN GLENN BENTLEY COUNCILMAN KEITH BIRD COUNCILMAN CHARLIE ROUNTREE VOTED VOTED VOTED VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 15 OF 16 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP TO COMMERCIAL QUEENLAND ACRES, INC. -CPA-99-006 • • MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department, appropriate Ada County officials, and the City Attorney. By: City Clerk Dated: msg/Z:\Worlc\M\Meridian 153fi0M\Queenland Acres\FfC1DecOrdCPA FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 16 OF 16 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP TO COMMERCIAL QUEENLAND ACRES, INC. -CPA-99-006 r ~ LJ RESOLUTION NO. BY: • A RESOLUTION FINDING THAT THE OWNERS, QUEENLAND ACRES, INC., THERON SCOTT, AND CAROL LOTSPIECH, OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN APPLICATION FOR THE AMENDMENT OF THE MERIDIAN COMPREHENSIVE PLAN GENERALIZED LAND USE MAP COMPONENT FOR THE DESIGNATION OF REAL PROPERTY THAT LIES PARTIALLY WITHIN THE BOUNDARIES OF THE CITY OF MERIDIAN AND PARTIALLY WITHIN THE IMPACT AREA OF THE CITY OF MERIDIAN FROM "SINGLE-FAMILY RESIDENTIAL DESIGNATION TO A COMMERCIAL DEVELOPMENT DESIGNATION" AND REPEALING ALL ORDINANCES, RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO PREPARE THE APPROPRIATE MAPPING CHANGES OF THE OFFICIAL COMPREHENSIVE PLAN GENERALIZED LAND USE MAP COMPONENT AND DIRECTING THE CITY CLERK TO NOTIFY AND PROVIDE A CERTIFIED COPY OF THE RESOLUTION TO THE APPROPRIATE ADA COUNTY OFFICIALS. BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: Section 1. Findings: 1. The owner, Queenland Acres, Inc., Theron Scott, and Carol Lotspiech, of the following described property has made a written application for a real property designation Comprehensive Plan Amendment to the Generalized Land Use Map Component change from a Single Family Residential designation to a Commercial Development designation. 2. The City of Meridian Planning and Zoning Commission and the City Council having given notice and conducted all public hearings in accordance with law, and having duly notified Ada County of said application and having received their comments, and having issued its Findings of Fact and Conclusions of Law, Decision and Order Granting the Application; and RESOLUTION - (CPA-99-006) - PAGE 1 OF 3 • 3. The Real property which is the subject of this resolution is legally described as follows: A parcel located in the NE 1/4 of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at a 5/8 inch diameter iron pin marking the northwesterly corner of said NE 1/4 (one-quarter corner) from which a brass cap monument marking the northeasterly corner of said NE 1/4 bears N 89°21' 19" E a distance of 2618.81 feet; Thence N 89°21' 19" E a distance of 1759.40 feet to a point; Thence S 3°59'54" W a distance of 755.96 feet to a point; Thence S 89°21'20" W a distance of 1706.67 feet to a point; Thence N 0°00'05" W a distance of 753.53 feet to the POINT OF BEGINNING. This parcel contains 29.98 acres and is subject to any easements existing or in use. Section 2. The above described real property be and the same is hereby re- designated on the Comprehensive Generalized Land Use Map from Single Family Residential to Commercial Development. Section 3. The engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official Comprehensive Plan Generalized Land Use Map component in conformance with the provisions of the Resolution. Section 4. The City Clerk is to notify and provide a certified copy of the resolution to the appropriate Ada County officials to notify them of the comprehensive plan amendment. Section 5. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. RESOLUTION - (CPA-99-006) - PAGE 2 OF 3 • Section 6. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of , 1999. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 1999. Mayor ATTEST: City Clerk STATE OF IDAHO, ) :ss. County of Ada, ) On this day of , 1999, before me, the undersigned, Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) Notary Public for Idaho Residing at: My Commission Expires: msg/Z:\Worlc\M\Meridian 15360M\Queenland Acres\Resolution.CPA RESOLUTION - (CPA-99-006) - PAGE 3 OF 3 CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN A RESOLUTION FINDING THAT THE OWNERS, QUEENLAND ACRES, INC., THERON SCOTT, AND CAROL LOTSPIECH, OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN APPLICATION FOR THE AMENDMENT OF THE MERIDIAN COMPREHENSIVE PLAN GENERALIZED LAND USE MAP COMPONENT FOR THE DESIGNATION OF REAL PROPERTY THAT LIES PARTIALLY WITHIN THE BOUNDARIES OF THE CITY OF MERIDIAN AND PARTIALLY WITHIN THE IMPACT AREA OF THE CITY OF MERIDIAN FROM "SINGLE-FAMILY RESIDENTIAL DESIGNATION TO A COMMERCIAL DEVELOPMENT DESIGNATION" AND REPEALING ALL ORDINANCES, RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO PREPARE THE APPROPRIATE MAPPING CHANGES OF THE OFFICIAL COMPREHENSIVE PLAN GENERALIZED LAND USE MAP COMPONENT AND DIRECTING THE CITY CLERIC TO NOTIFY AND PROVIDE A CERTIFIED COPY OF THE RESOLUTION TO THE APPROPRIATE ADA COUNTY OFFICIALS. BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: Section 1. Findings: 1. The owners, Queenland Acres, Inc., Theron Scott, and Carol Lotspiech, of the following described property has made a written application for a real property designation Comprehensive Plan Amendment to the Generalized Land Use Map change from a Single Family Residential designation to a Commercial Development designation. 2. The City of Meridian Planning and Zoning Commission and the City Council having given notice and conducted all public hearings in accordance with law, and having duly notified Ada County of said application and having received their comments, and having issued its Findings of Fact and Conclusions of Law, Decision and Order Granting the Application; and (CPA-99-006) • • 3. The Real property which is the subject of this resolution is legally described as follows: A parcel located in the NE 1/4 of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at a 5/8 inch diameter iron pin marking the northwesterly corner of said NE 1/4 (one-quarter corner) from which a brass cap monument marking the northeasterly corner of said NE 1/4 bears N 89°21' 19" E a distance of 2618.81 feet; Thence N 89°21' 19" E a distance of 1759.40 feet to a point; Thence S 3°59'54" W a distance of 755.96 feet to a point; Thence S 89°21'20" W a distance of 1706.67 feet to a point; Thence N 0°00'05" W a distance of 753.53 feet to the POINT OF BEGINNING. This parcel contains 29.98 acres and is subject to any easements existing or in use. Section 2. The above described real property be and the same is hereby re- designated on the Comprehensive Generalized Land Use Map from Single Family Residential to Commercial Development. Section 3. The engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official Comprehensive Plan Generalized Land Use Map component in conformance with the provisions of the Resolution. Section 4. The City Clerk is to notify and provide a certified copy of the resolution to the appropriate Ada County officials to notify them of the comprehensive plan amendment. Section 5. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. (CPA-99-006) Section 6. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. William G. Berg, Jr. City Clerk STATE OF IDAHO, ) :ss: County of Ada, ) On this day of , in the year 1999, before me, a Notary Public, appeared WILLIAM 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:_ msg/Z:\Work\NI\Meridian 15360M\Queenland Acres\CertofClk.CPA (CPA-99-006) n City Council Me~ Merida 1999 November 3, page 51 • Okay. Thank y°u:t them all up. ould pass one every Council You c Bentley• No You could spl- a block. Gieet ng if it was on the agenda. oug had to be done in m that. I th ht they mission Bentley: Okay. 1 didn't realize . No. You don't have a problem. • ray. It's just with the P & Z Com G-g different. concern. that'd be only That was my Item No• 23 for th further Bentley: we're fine then. Chair on royal. Any motion for the we have a ns of Law with a favorable app Corrie: Okay• 1 think s of Facts and Conclus-o Finding • discuss-on? Bird: 1 have none. Rountree. • Hearing none, roll-call vote; Mr. Corr-e• Rountree: Aye. Corrie: Mr. Bird' Bird: Aye• Corrie: Mr. Bentley• Bentley: Aye• N p,RRIED: ALL AYES OR COMPREHEPISNE PLA MOTION C REGIUEST F ESIDENTIAL TO FAMILY R SOUTH SIDE PUBLIC HEARING' SINGLE ACRES' INC _ CENTER ITEM 24. AMENDMENA~ B ~(~UEENDAS~ FRO-VI INTERSR PARK COMMERC OA ~ARRN SPRINGS wATE OF OVERLAND R ent from single SUBDNISION AND R plan Amendm Overland Comprehensive Inc south of uest for a cres, S rings water Park. At Item 24 is a req Queenland A Roaring p ht to you in lust - Corrie: mercial by em 24 Staff, I'll get rig fami-Y residentia~ ante state Center onbd-vision, Road across free the public hear-ng I'll op sure. Staff. single-familY this time nest from you won't take long, I m d what was recommended by as also a req Council, this w Mayor and . a recommendation an Stiles: Mr• rnerc-al, residential to com Meridian City Council Meg • November 3, 1999 Page 52 Planning and Zoning Commission was that it be changed to mixed/planned use development. Corrie: Okay. Now. Your name and - Lotspeich: I'm Carol Lotspeich, 1032 East Cane in Meridian. Corrie: Would you spell your last name, please, just for the record. Lotspeich: L-O-T-S-P-E-I-C-H. I've had lots of practice at that. Corrie: Thank you very much. Lotspeich: I have -her map (inaudible) as mine, so I won't show you mine. I'm here this evening because we own this property that is surrounded by commercial, and it's really inappropriate to be single residential. I've found during this process that a lot of people come across Black Cat overpass, go down Overland to get on the freeway which puts a lot of traffic in front of these rentals. So we would like to have this changed to mixed use. My map shows the commercial that's around it. The veterinary clinic is north of it. Mountain View Equipment. Boondocks. Roaring Springs Water Park. JB's Restaurant and the Sandman Motel's on the corner, and a Texaco Station and Roho is to the east, and the Country Corner is there, too. It's really inappropriate to have this little piece of ground as single residential. The renters have a really hard time getting out early in the morning and in the afternoon, and it - I think we have probably 10 or 11 accesses onto Overland, but we would really like to have this changed in the Comprehensive Plan. We don't have any big plans yet on what we're going to do with it, but we'd just like to have it. Shari would like mixed use and that would be fine with us. Corrie: Okay. Any questions for Council? Bentley. Bentley: Been on a long time since you lived on Loring, hasn't it? Lotspeich: It has been a long while. I'm glad I live where I do because the traffic's not nearly as bad. But they did put a light in there. Bentley: They finally put a light up there. Yeah. Corrie: Any other questions? Bird: I have none. Corrie: Thank you very much. Appreciate it. Is there anyone else in the public that would like to issue testimony on this Comprehensive Plan change, Item 24? Is that a yes, Shari? Okay. What's the pleasure of the Council to close the public hearing? Meridian City Council Me~ . November 3, 1999 Page 53 Rountree: So moved. Bird: So moved. Corrie: Motion made and seconded to close the public hearing. All those in favor say aye. MOTION CARRIED: ALL AYES Corrie: Mr. Bentley. Bentley: I move to instruct the city attorney to prepare favorable Findings of Facts and Conclusions of Law for Queenland Acres, Inc. Bird: Second. Corrie: Motion made and seconded - (inaudible) attorney draw up the Findings of Facts and Conclusions of Law to favor approval on Item No. 24. Any further discussion? Hearing none, all those in favor of the motion say aye. I'm sorry. Roll-call vote; Mr. Rountree. Rountree: Aye. Corrie: Mr. Bentley. Bentley: Aye. Corrie: Mr. Bird. Bird: Aye. MOTION CARRIED: ALL AYES ITEM 25. PUBLIC HEARING: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT FROM SINGLE FAMILY RESIDENTIAL TO MIXED/PLANNED USE BY IDAHO BASEBALL ACADEMY- NORTHWEST CORNER OF AMITY AND MERIDIAN ROAD: Corrie: Item 25 is public hearing: Request for Comprehensive Plan Amendment from single-family residential to mixed/planned use by Idaho Baseball Academy. At this time, I'll open the public hearing. Staff. Stiles: Mr. Mayor and Council, this application is for a project that is pretty far removed from our current annex area. It's on the northwest corner of Amity and Meridian Kuna Road. They're proposing to build a facility for the Idaho Baseball • October 29, 1999 MERIDIAN CITY COUNCIL MEETING: NOVEMBER 3 1999 APPLICANT: QUEENLAND ACRES INC ITEM #: 24 REQUEST: CPA FROM SINGLE FAMILY RESIDENTIAL TO COMMERCIAL AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: COMMENTS SEE FINDINGS, DECISION AND RECOMMENDATIONS MERIDIAN POST OFFICE: ~ ~" ADA COUNTY HIGHWAY DISTRICT: ~ ~ ~ ~~ ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: SANITARY SERVICE: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ~6~ ~~ ~~7~a~, ~ c '~ f~ i BEFORE THE PLANNING AND ZONING COMMISSION OF THE CITY OF MERIDIAN In the Matter of the Request for COMPREHENSIVE PLAN AMENDMENT -SINGLE FAMILY RESIDENTIAL TO COMMERCIAL FOR THE SOUTH SIDE OF OVERLAND ROAD, 1/4 WEST OF MERIDIAN ROAD BY QUEENLAND ACRES, INC. CPA-99-006 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND RECOMMENDATION The above entitled application for Comprehensive Plan amendment having come on for public hearing on September 30, 1999, at the hour of 6:30 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 and Conclusions of Law: FINDINGS OF FACT A notice of the time, place, and a summary of the proposed amendment plan to be discussed at the September 30, 1999, hearing was published fifteen (15) days prior to said hearing; copies of all notices were made available to newspaper, radio, and television stations; the matter was duly considered at the September 30, 1999, public hearing; and the public was given full opportunity to express comments FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT QUEENLAND ACRES, INC., -SOUTH SIDE OF OVERLAND ROAD - 1 ~ i and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in the City of Meridian Comprehensive Plan and Idaho Code § 67-6509. 3. The property which is the subject of the application for amendment is described in said application and by this reference is incorporated herein as if set forth in full. 4. The Applicant is QUEENLAND ACRES, INC., of 1032 E. Cayman Drive, Meridian, Idaho. The Applicant filed a written Comprehensive Plan amendment application. 5. Pursuant to the application, the affected property is generally described as a parcel on the south side of Overland Road approximately 1/4 mile west of Meridian Road, westward to Stoddard Road. 6. The Meridian Planning and Zoning Commission takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Title 11, Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, adopted December 21, 1993, Ord. No. 629-Jan.4, 1994 and Maps and Ordinance establishing the Impact Area Boundary. 7. The Applicant requested the Comprehensive Plan amendment and the application was not initiated at the request of the City of Meridian. 8. The proposed application requests a Comprehensive Plan amendment to change the designation of the subject property from Single Family Residential to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT QUEENLAND ACRES, INC., -SOUTH SIDE OF OVERLAND ROAD - 2 • Commercial. The designation change requires an amendment to the Comprehensive Plan of the City of Meridian as requested by the Applicant. (City of Meridian Comprehensive Plan, pg. 78-79). 9. The Applicant testified at the public hearing that the particular characteristics of the affected property make the amendment desirable. 10. The Assistant to the City Engineer, Bruce Freckleton, and the Assistant Planner, Steve Siddoway, submitted comments by and through a Memorandum dated September 28, 1999, and Bruce Freckleton, Steve Siddoway, and Shari Stiles, Planning and Zoning Administrator submitted comments by and through testimony during the September 30, 1999, public hearing on this matter. Such report and comments are hereby incorporated herein, as follows: 10.1. Staff recommends approval of the Comprehensive Plan Amendment as Mixed/Planned Use Development, instead of Commercial as requested. This designation will allow for commercial development along Overland road, while giving the Planning and Zoning Commission and City Council greater control over the uses that develop there to ensure compatibility with surrounding development and as an entry way corridor to the city of Meridian. Approval of a change in the land use designation in no way indicates approval of any concept plans presented. 11. The proposed designation change within the subject application would, in fact, require an amendment to the Comprehensive Plan as determined by City policy. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT QUEENLAND ACRES, INC., -SOUTH SIDE OF OVERLAND ROAD - 3 ~ ~ CONCLUSIONS OF LAW 1. All the procedural requirements of the Land Use Planning Act and of the Comprehensive Plan of the City of Meridian were met including: notice of the time, place, and a summary of the proposed amendment to the Plan, the publication of which was fifteen (15) days prior to said hearing; copies of all notices were made available to newspaper, radio, and television stations. (Meridian Comprehensive Plan Implementation Chapter, Comprehensive Plan Amendment Section; Idaho Code § 67-6509(a)). 2. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Land Use Planning Act" codified at Chapter 65, Title 67, Idaho Code (I.C. 67-6509). 3. The Meridian Planning and Zoning Commission may exercise all the powers required and authorized under the "Land Use Planning Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code § 67-67504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Title XI, Chapter I, Municipal Code of the City of Meridian. 4. The City Council or any group or person may petition the Planning and Zoning Commission for a plan amendment at any time. The following requirements, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT QUEENLAND ACRES, INC., -SOUTH SIDE OF OVERLAND ROAD - 4 • time tables, and procedures to amend Meridian's Comprehensive Plan must be satisfied: A. Application to amend the Comprehensive Plan may be filed with the Planning and Zoning Commission at any time. B. The Applicant will submit a letter for a Plan amendment which will contain the following; 4.B.1 Specific definition of the change requested. 4.B.2 Specific information on any property involved. 4.B.3 The condition or situation which warrants a change being made in the Plan. 4.B.4 The public need for and benefit from such a change in the Plan. 4.B.5 Documentation that no other solutions to the problem are presented by the current policy of the Plan are possible or reasonable. 4.B.6 Development intentions for any land involved. 4.B.7 Any other data and information needed by the Planning and Zoning Commission in evaluating the proposal, such as who does it help, who does it hurt, how much is it going to cost and who is going to pay for it. C. No application will be considered until the required information is complete. (Meridian Comprehensive Plan Implementation Chapter, Comprehensive Plan Amendments Section). 5. The Planning and Zoning Commission may recommend amendments to the Comprehensive Plan to City Council not more frequently than every six (6) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT QUEENLAND ACRES, INC., -SOUTH SIDE OF OVERLAND ROAD - 5 • months. (Idaho Code § 67-6509(d); Meridian Comprehensive Plan Implementation Chapter, Comprehensive Plan Amendments Section) 6. Upon receipt of a complete application, the Planning and Zoning Commission shall conduct at least (1) public hearing in which interested persons shall have an opportunity to be heard. At least fifteen (15) days prior to the hearing, notice of the time and place and a summary of the plan shall be published. The Commission shall also make available a notice to newspapers, radio, and television stations. (Idaho Code § 65-6509(a)) 7. At said hearing, the proposed amendment shall be presented to the Commission by the Applicant and the Commission shall accept testimony from the public. Within forty-five (45) days of the hearing, the Commission shall make a recommendation to the City Council, supported by Findings of Fact and Conclusions of Law. (Meridian Comprehensive Plan Implementation Chapter, Comprehensive Plan Amendments Section). 8. An Applicant shall be notified of the Commission's decision by mail. Any Applicant whose application is denied may appeal to the City Council within thirty (30) days from the date of notification of the decision, by filing a written appeal stating the reasons for the appeal. (Meridian Comprehensive Plan Implementation Chapter, Comprehensive Plan Amendments Section) 9. To change a designation from Single Family Residential to Commercial requires approval by the Planning and Zoning Commission as provided under the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT QUEENLAND ACRES, INC., -SOUTH SIDE OF OVERLAND ROAD - 6 • City of Meridian Comprehensive Plan, Implementation Chapter Comprehensive Plan Amendments Section. 10. Upon review of an amendment application relating to land use designations, the Commission should take the following objectives into account: 10.1 Mixed-planned uses along the I-84 comdor, which are attractive and compatible with high-volume traffic corridors. 10.2 Designating ample land for urban expansion and infill. 10.3 Quality residential neighborhoods, north, south, east, and west of Old Town. 10.4 Planned Mixed Uses along I-84, Franklin Road, U.P. Railroad, and Fairview Avenue corridors. 10.5 Buffers to the waste treatment plant. 10.6 Adequate school and park sites for quality living. 10.7 The importance of maintaining compatible land uses to ensure an optimum quality of life. 10.8 Respect for the responsibilities and rights of land ownership. 10.9 Reinforce the role of the City in regulating the use of land resources for the benefit of future generations. 10.10 Plan for multiple use of public facilities wherever feasible. 11. Upon review of an amendment application affecting residential designations, the Commission should take the following policies into account: 11.1 Support a variety of residential categories (urban, rural, single- family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. FINDINGS OF FACT AND CONCLUSIONS OF LA,W AND DECISION AND RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT QUEENLAND ACRES, INC., -SOUTH SIDE OF OVERLAND ROAD - 7 u 11.2 Support strategies for the development of neighborhood parks within all residential areas. 11.3 Protect and maintain residential neighborhood property values, improve each neighborhood's physical condition and enhance its quality of life for residents. 11.4 Encourage sidewalks and paved streets for all existing neighborhoods through joint ACHD/Local Improvement District programs. 11.5 Encourage compatible infill development which will improve existing neighborhoods. 12. Having made the afore stated Findings of Fact and Conclusions of Law the City of Meridian Planning and Zoning Commission hereby recommends approval of the proposed application to amend the City of Meridian Comprehensive Plan from Single Family Residential to Mixed/Planned Use Development. DECISION The Meridian Planning and Zoning Commission determines that upon review of the applicable standards, goals, policies and guidelines as set forth in the Comprehensive Plan of the City of Meridian, the established record, and the applicable law, that amendment of the Comprehensive Plan is warranted in the instant case. Given the foregoing, the subject application for a Plan amendment is approved from Single Family Residential to Mixed Planned Use Development instead of Commercial as requested. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT QUEENLAND ACRES, INC., -SOUTH SIDE OF OVERLAND ROAD - 8 NOTICE OF RIGHT TO APPEAL Please take notice the Applicant may appeal to City Council within thirty (30) days from the date of notification of the decision by filing a written appeal stating the reasons for the appeal. The City Council may direct the Commission to consider any application previously rejected which the City Council, by a majority vote, deems to warrant further study by the Commission or may uphold the denial of the application which shall be supported by adopting the Commission's findings of fact and conclusions or by malting its own findings and conclusions based on the record. ey/Z:\Work\M\Meridian 15360M\Queenland Acres\CPA.fcs FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT QUEENLAND ACRES, INC., -SOUTH SIDE OF OVERLAND ROAD - 9 WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW KATHY J. EDWARDS JULIE KLIIx F1sCHHlt WM. F. GIGRAY, In D. SAMUELJoHNSON WII.LIAM A. MORROW Wua.IAM F. NICHOLS CHRISTOPHQt S. NYE PH¢.IP A. PETIItSON STEPHIN L. PRUSS ERIC S. ROSSMAN TODD A. ROSSMAN R STFrH[~rRvTHExFORD Davin M. SWARTLEY TFxRENCER WHITE William G. Berg, Jr. City Clerk Meridian City Hall 33 East Idaho Meridian, Idaho 83642 NAMPA OFFICE 200 EAST CARLTON AVENUE 104 NINTH AvF1v[>~SOUTH POST OFFICE BOX 1150 poST OFFICEBOX 247 MERIDIAN, IDAHO 83680-1150 NAMPA, IDAHO 83633-0247 TEL. (208)466-9272 FAX (208)466-0403 TEL (208) 288-2499 Fax (208)288-2501 PLEASE REPLY TO MHRIDIAN OFFICE E-MAII.: RSR(CD WPPMG.COM T T ylnJY, Ny` ~~ October 27, 1999 O C T 2 8 1999 CITY OF MERIDIAN Re: Comprehensive Plan Amendment, Single Family Residential to Commercial for the South side of Overland Road 1/4 Mile West of Meridian Road, by Queenland Acres, Inc. Dear Will: Please find enclosed the original of the Recommendations to the City Council by the Planning and Zoning Commission on the above referenced application. Please note this matter Will be heard before the City Council on November 3, 1999. Shari Stiles and Gary Smith have been given copies of the above Recommendations so they can be prepared at the hearing to specifically address the Recommendations of the Planning and Zoning Commission. Very truly yours, R. Stephen Rutherford Enclosure ey/Z:\Work\M\Meridian 15360M\Queenland Acres\CclkEnc.ltr ~ ~ September 28, 1999 MERIDIAN PLANNING & ZONING MEETING: SEPTEMBER 30, 1999 APPLICANT: QUEENLAND ACRES INC. ITEM NUMBER: 8 REQUEST: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT TO CHANGE SINGLE FAMILY RESIDENTIAL TO COMMERCIAL AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER 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: BUREAU OF RECLAMATION INTERMOUNTAIN GAS: COMMENTS SEE ATTACHED STAFF COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS~~ d~~/ .~~~ (/~ _,,,yaJ'~' '~ ~, ~~ OTHER: SANITARY SERVICES - NO COMMENT All Materials presented at public meetings shall become property of the City of Meridian. OF TREASURE VALLEY • Mayor ROBERT D. CORRIE HUB A Good Place to Live LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 b CITY OF MERIDIAN PUBLIC WORKS ers City Council Mem BUILDING DEPARTMENT CHARLES ROUNTREE 33 EAST IDAHO (208) 887-2211 • Fax 887-1297 GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING DEPARTMENT KEITH BIRD City Clerk Fax (208) 888-4218 (208) 884-5533 • Faz 887-1297 September 28, 1999 MEMORANDUM: To: Planning & Zoning Commission, Mayor and City Council R,- s'e~T'~ lid ~` ~ '~ ' ::__, t From: Steve Siddoway, Assistant Planner ~ ~ ..~ 4- I ~ ~ i ~`9 :. i ~~~ Bruce Freckleton, Assistant to City Engmeer ~ 4 ; .-, r , ; ~ - ' ; _~ ; ~. Amendment to Change Land Use from Single-family Pl i Re: an ve Request for Comprehens Residential Designation to Commercial by Queenland Acres, Inc. We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY: PROPOSAL This application is proposing to amend the Comprehensive Plan Generalized Land Use Map for twelve one-acre (approximate) residential parcels and 20 acres of farmland (total = 30 acres) from an existing Single-family Residential designation to a Commercial designation. LOCATION a roximatel The property is generally located along the south side of Overland Road, beginning pp y t/a mile west of Meridian Road west to Stoddard Road. SURROUNDING PROPERTIES Properties to the north of the proposed amendment area include Roaring Springs Water Park, Boondocks Fun Center, Mountain View Equipment, and Intermountain Animal Hospital. The property to the south is agricultural land, and also the site of proposed Bear Creek Subdivision. Properties to the east include asingle-family residence and Ro-Ho Enterprises (combination automobile salvage and U-Haul facility). Property to the west is in agricultural use. CURRENT ZONING The twelve one-acre lots are zoned Rl. The remaining farmland is zoned RT. (Ten of the acre lots are owned by Queenland Acres. The other two property owners have signed notarized consent for the application). CPA-99-006 Qucenlsud.CPA ~ ~ P&Z Commission/Mayor & Council September 28, 1999 Page 2 COMMENTS: CURRENT COMPREHENSIVE PLAN DESIGNATION The property is currently designated in the Meridian Comprehensive Plan asSingle-family Residential. PROPOSED & POTENTIAL USES OF THE PROPERTY The applicant has requested changing the parcels to a Commercial designation. A designation of Commercial may allow for a large number of commercial uses. The applicants do not intend to develop the property themselves. They do have a potential buyer for aseven-acre parcel who may develop an RV Park for travelers visiting Roaring Springs Water Park. The remaining 23 acres does not currently have a specific proposed use. Permitted uses in a commercial (C-G) zone could potentially include everything from automobile service stations, truck stops and car washes to mini- storage, restaurants, and retail stores. COMPATIBILITY & DESIGN ISSUES Granting the request could allow high intensity commercial uses adjacent to future single-family south of the property. Consideration for adequate buffering of the future residences would need to be carefully considered. However, most commercial uses could be approved as permitted uses without design review by the Planning & Zoning Commission or City Council, if the property is annexed and zoned C-G. On the other hand, it is logical to allow commercial development along Overland Road, across from the existing commercial uses, on an arterial entryway corridor to the City. The best solution may be to change the land use designation to Mixed/Planned Use Development, which would require applications to be made as a CUP. This designation would allow for commercial uses to develop along Overland Road, and give the Commission & Council more control over the future uses proposed in the area to ensure compatibility and buffering of adjacent residential areas. PUBLIC WORKS ISSUES The Public Works' Facility Plan forecasts the northerly portion of this property to be served with sewer by the existing Ten Mile Trunk, and the southerly portion to be served by the future Black Cat Trunk, which is more than 5 miles away. The line dividing the north portion from the southerly portion is not clearly defined. This line represents the division by which gravity sewer can drain to each of the two trunks. As in the past, the Public Works Department would recommend denial of any area not serviceable by gravity sewer to the Ten Mile Trunk, or by gravity to the Black Cat Trunk. City water is existing adjacent to the subject site along the frontage of the Interstate Center Subdivision. COMPREHENSIVE PLAN ANALYSIS Goal 2 of the Comprehensive Plan is "to ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures..." CPA-99-006 Queenland.CPA P&Z Commission/Mayor & Council September 28, 1999 Page 3 Goal 3 is "to encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and firture residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services, and its open space character." Goal 8 is "to establish compatible and efficient use of land through the use of innovative and functional site design." Applicable Economic Development Policies: 1.1 The City of Meridian shall make every effort to create a positive atmosphere which encourages industrial and commercial enterprises to locate in Meridian. 1.2 It is the policy of the City of Meridian to set aside areas where commercial and industrial interest and activities are to dominate. 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. Applicable Land Use Policies: 4.3U Encourage new commercial development within under-utilized existing commercial areas. 4.8U Encourage commercial uses, offices and medical care uses to locate in the Old Town district, business parks, shopping centers and near high-intensity activity areas, such as freeway interchanges. 2.3U Protect and maintain residential neighborhood property values, improve each neighborhood's physical condition and enhance its quality of life for residents. IDAHO STATE CODE Idaho State Code Title 67, Chapter 65, states that the commission may recommend amendments to the land use map component of the comprehensive plan to the governing board not more frequently than once every six (6) months. RECOMMENDATION: Staff recommends approval of the Comprehensive Plan Amendment asMixed/Planned Use Development, instead of Commercial as requested. This designation will allow for commercial development along Overland Road, while giving the Plarming & Zoning Commission and City Councd greater control over the uses that develop there to ensure compatibility with surrounding development and as an entryway corridor to the City of Meridian. Approval of a change in the land use designation in no way indicates approval of any concept plans presented. CPA-99-006 Quee~iland.CPA HUB OF TREASURE VALLEY Mayor ~ LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live (208) 288-2499 • Fax 288-2501 City Council Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD City Clerk Fax (208) 888-4218 (208) gg ES 33~Faz 87-1297 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: September 20, 1999 TRANSMITTAL DATE: August 24, 1999 HEARING DATE: September 30, 1999 FILE NUMBER: CPA-99-006 REQUEST: COMPREHENSIVE PLAN AMENDMENT TO CHANGE SINGLE FAMILY RESIDENTIAL TO COMMERCIAL ON THE SOUTH SIDE OF OVERLAND ROAD ACROSS FROM INTERSTATE CENTER SUBDIVISION AND ROARING SPRINGS WATER PARK. BY: QUEENLAND ACRES. INC. LOCATION OF PROPERTY OR PROJECT: Area bounded by Overland Road on north to plus minus 750 feet south of Overland Road from Stoddard plus minus 1700 feet east of Stoddard. TAMMY DE WEERD, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, 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 SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR C~I)t~ISE REMARKS: HUB OF TREASURE VALLEY ~ Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 CITY OF MERIDIAN City Council Members PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 GLENN sENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD City Clerk Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Faz 887-1297 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOP MENT 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: September 20, 1999 TRANSMITTAL DATE: August 24, 1999 HEARING DATE: September 30, 1999 FILE NUMBER: CPA-99-006 REQUEST: COMPREHENSIVE PLAN AMENDMENT TO CHANGE SINGLE FAMILY RESIDENTIAL TO COMMERCIAL ON THE SOUTH SIDE OF OVERLAND ROAD ACROSS FROM INTERSTATE CENTER SUBDIVISION AND ROARING SPRINGS WATER PARK. BY: QUEENLAND ACRES. INC. _ LOCATION OF PROPERTY OR PROJECT: Area bounded by Overland Road on north to plus minus 750 feet south of Overland Road from Stoddard alus minus 1700 feet east of Stoddard. TAMMY DE WEERD, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, 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 SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: ~ ~ /- / / m-rrc 'z~~ ~f~F 11r[%G>f• W'~Ll, I~JC3 . , ~~~~ .. _# ' ~~. August 27, 1999 Will Berg, Gty Clerk City ~ Meridian 33 F.a~ Idaho Meridian, ID 83642 R®: CPA-99-006 Queenland Acres Dear Commissioners: 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 S E P - 1 1999 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 The Nampa & Meridian Irrigation District has no comment on the above-referenced application. Sincerely, ~~II I.lenson,Asst. WWater 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 ~~ 08/251 -_--~- ROOF any c CFIaRI GLE. RUP 1999 10:59 2088885052 SANITARY SERV ICE F'AUt KUl3 OF TREASURE VALLEY Mayor RT D. CORRtf's A GOOd Place [0 Live LEGAL DEPARTtiIE~' i_OS) 2SS-2499 • Fax ^_SS• CITY OF MERIT~I N ouncil hl~mbers PUBLIC WORKS .ES ROUNTRE[ 33 EAST IDAHO BUILDING DEP.aRT~IE 4N BENTLEY MERIDIAN, IDAHO 8361? (308) 357•?211 • Fax 337- ANDER50N (2US) 888-sa33 • Fux (208) 887-d$13 PLANNING ADD Z0~~11 City Clcrk Fa;c (208) SSS-4215 I =1TH BIRD DEPARTi`IE`7 1308) 3S1•~~:+3 • Fitt SS7- TRANSMITTAL TO AGENCIES FOR COMMENTS ON EVELOPMENT PROJECTS WITH THE CITX OF MERIDI N To insure that your comments and recommendations will b considered by the Meridian Planning 8~ Zoning Commission, please submit your co menu and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: Se tuber 20 1999 TRANSMITTAL DATE: Aucust 24, 1999 HEARING DA E: September 30, 1999 FILE NUMBER: CPA-99-006 REQUEST: COMPREHENSIVE PLAN AMENDMENT TO CHANGE SINGLE FAMILY RESIDENTIAL TO COMMERCIAL. ON THE SOUTH S DE OF OVERLAND ROAD ACROSS FROM INTERSTATE CENTER SUBDIVISION AND ROARING SPRINGS WATER PARK. BY: QUEENLAND ACRES INC. LOCATION OF PROPERTY OR PROJECT: Ar®a bounded b Overland Road on north to lus minus 750 feet south of Overland Road from S ddard lus minus 1700 feet a t Qf odda TAMMY DE WEERD, P/Z MERIDIAN SC OOL DISTRICT KENT BROWN, P/Z MERIDIAN PO OFFICE(PRELIM ~ FINAL PLAT) THOMAS BARBEIRO, P/Z ADA COUNTY HIGHWAY DISTRICT RICHARD HATCHER, P/Z ADA PLANNIN ASSOCIATION KEITH BORUP, P/Z CENTRAL DIS ^ RICT HEALTH ROBERT CORRIE, MAYOR NAMPA MERID AN IRRIGATION DISTRICT RON ANDERSON, C/C SETTLERS IR IGATION DISTRICT CHARLIE ROUNTREE, C/C IDAHO POWE ~ CO.(PRELIM 8 FINAL PLAT) KE17H BIRD, C/C U.S. WEST(P ELIM 8 FINAL PLAT) GLENN BENTLEY, C/C INTERMOUNT IN GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT BUREAU OF ECLAMATION(PRELIM 8 FINAL) -~•SEWER DEPARTMENT ' / SANITARY SERVICE BUILDING DEPARTMENT ( ~ _FIRE DEPARTMENT YOUR CONCISE REMARt KS: POLICE DEPARTMENT ~ r CITY ATTORNEY CITY ENGINEER CITY PLANNER :-., ~ ~, - ~~ ~ . AUG 2~ 1999 ~v ` ~. L i. 1~ ~~I~ ~.1 L, ~.~~1/d_ Stl I ~T I_97 ~G =9- AUG 25 '99 11 01 2088885052 PAGE. 02 Mayor HUB OF TREASURE VALLEY • • LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live City Council Members CITY OF MERIDIAN (208) 288-2499 • Fax 288-ZSOI PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 8s7-2-'2t I • F:lx 887-1297 RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD City Clerk Fax (208) 888-4218 DEPARTMENT (308) 354-5533 • Faz 887-1297 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8~ Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: September 20, 1999 TRANSMITTAL DATE: August 24, 1999 HEARING DATE: September 30, 1999 FILE NUMBER: CPA-99-006 REQUEST: COMPREHENSIVE PLAN AMENDMENT TO CHANGE SINGLE FAMILY RESIDENTIAL TO COMMERCIAL ON THE SOUTH SIDE OF OVERLAND ROAD ACROSS FROM INTERSTATE CENTER SUBDIVISION AND ROARING SPRINGS WATER PARK. BY: QUEENLAND ACRES, INC. LOCATION OF PROPERTY OR PROJECT: Area bounded by Overland Road on north to plus minus 750 feet south of Overland Road from Stoddard plus minus 1700 feet east of Stoddard. TAMMY DE WEERD, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P2 KEITH BORUP, P2 ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C LENN BENTLEY, C/C WATER DEPARTMENT _SEWER DEPARTMENT SANITARY SERVICE BUILDING DEPARTMENT _FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM 8 FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: D y Qih~Ol"~ s AUG 9 0 1999 S~.T 5_ ~ 6.~~. ~'~_~Y6S.iAk .. A~~.~ /t (J~~ Water~SudP~n ('ity p_rIr ter~~l CENTRAL C ~~ DISTRICT 'HEALTH DEPARTMENT L DISTRICT HEALTH DEPARTi~1ENT Environmental Health Division Return to: Rezone # Conditional Use # Preliminary /Final /Short Plat ^ Boise ^ Eagle ^ Garden City Meridian ^ Kuna ^ Acz I . We have No Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ 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. ^ 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ^ central sewage ^ community sewage system ^ community water well ^ interim sewage ^ central water ^ individual sewage ^ individual water ^ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water ^ 10. Run-off is not to create a mosquito breeding problem. ^ I I. 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 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: ~/~ /~ Reviewed By: ~ -~ Review Sheet CDNO 10/91 rcb. rer. 7197 ** TX CONFIR~ON REPORT ** AS OF SEP 28~ 17:28 PAGE.01 CITY OF MERIDIAN DATE TIME TD/FROM 14 09/28 17:25 208 884 5118 200 E. Carson. Ste. 2pt Maritllan,l0 836@ Plane: 665533 Fmc 88T-1297 Fax MODE MIN/SEC PGS CMD# STATUS G3--S 02'37" 004 205 OK Gity ofi Meridian Planning 8~ Zoning Dept. To: !~lCrun :Sco t~f ' (7i yPPnl0.n rres F~'~ Sor~Yd Oay piaoe: P~9~ (Indudn9 cover sheet) Re: fl:: l7 urgent ~ For Review ^ Please Comm ^ Ptease Regy O Please Recycle •Canments: a ,, y, 200 E. Carlton, Ste. 201 Meridian, ID 83642 Phone: 884-5533 Fax 887-1297 Fa~c To: l ~eiun <~-o ~-¢ - '~~~f n Ici~~~ 3t'rPS Fromm ~Ya ~Y Fax ~ `~'~ - 5 ~ ~ ~ Rate: y - 2~3 -9 <~ Ptwne: Pages: (Indtxfing Dover sheet) Re: CC: ^ Urgent ,,H Foe' Review ^ Please Comment ^ Please Reply ^ Please Recyde •Comments: ;h HUB OF TREASURE VALLEY • Mayor ~ LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place ro Live (308) 288-2499 • Fax 288-2501 City Council Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING City Clerk Fax (208) 888-4218 DEPARTMENT KEITH BIRD (208) 88d-5533 • Faz 887-1297 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: September 20, 1999 TRANSMITTAL DATE: August 24, 1999 HEARING DATE: September 30, 1999 FILE NUMBER: CPA-99-006 REQUEST: COMPREHENSIVE PLAN AMENDMENT TO CHANGE SINGLE FAMILY RESIDENTIAL TO COMMERCIAL ON THE SOUTH SIDE OF OVERLAND ROAD ACROSS FROM INTERSTATE CENTER SUBDIVISION AND ROARING SPRINGS WATER PARK. BY: QUEENLAND ACRES INC. LOCATION OF PROPERTY OR PROJECT: Area bounded by Overland Road on north to plus minus 750 fleet south of Overland Road from Stoddard plus minus 1700 feet east of Stoddard. TAMMY DE WEERD, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, 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 SANITARY SERVICE BUILDING DEPARTMENT _FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: • . CITY OF MERIDIAlJ 200 East Carlton Avenue, Ste. 201, Meridia.r_, ID 83642 Phone: (208) 884-5533 Fax: (208) 887.1297 R~G~-~L) AUv^ ' ~ 1~:~:~ G'I ~-,- COMPREHENSIVE PLAN AMENDMENT APPLICATION APPLICANT:~uPPn1 and Ac-reG , ray PHONE:208-888-2545 ADDRESS: 1032 E Cayman Drive, Meridian, ID 83642 OWNER: Theron Scott Carol Lotspeich PHONE:2nR_Af2R_25a5 (Theron 670 W Victory 1032 E Cayman 208-888-6027 (Carol) ADDRESS: ~~ridi_an, ID 83642 ,.meridian, ID 83642 Area bounded by Overland Road on nortYi to - 750 feet GENERALLC?CATION: Gn»th of nyc~rland Road frc~p1 Stoddard t ~n~,n~~ east of Stoddard LEC#AL DESCRIPTION OF PROPERTY: ~ P a t t a c h e d PROOF OF OWNERSHIP OR VALID OPTION: A copy of your property deed or option agreement must be attached. See attached deed s PRESENT ZONE CLASSIFICATION: R .i a,~d Ada R„ ra 1 Trans i t i ona 1 V~~iNITY SKE'I'N: A vicinity map and/or site plan at a scale approved by the City showing property lines, existing streets, easements, and such other items as the City nosy require (3S CopieS). Attached - 35 copies Fee: $1 • I QQ, 0~ I hereby certify that the information ~,ontained herein is true and correct. I also certify that I will post the property one (1) week before each public hearing. 3IGNATTJRE: j/ ~1! Sf' ~ 4 {a~~n Yt r • Queenland Acres, Inc 1032 E Cayman Drive Meridian, Idaho 83642 August 11, 1999 City of Meridian 200 East Carlton Ave., Ste 201 Meridian, Idaho 83642 Dear Planning and Zoning, Queenland Acres, Inc. is requesting that the Meridian Comprehensive Plan be amended to allow commercial development on the south side of Overland Road across from Interstate Center Subdivision and Roaring Springs Water Park. 1. Specific definition of the change requested. Change the Meridian Comprehensive Plan from single-family residential to commercial. 2. Specific information on any property involved. 10 one-acre parcels zoned R-1 with residential rental houses (owned by the applicant) having direct access to Overland Road and 20 acres of farmland zoned Ada RT. The Meridian city limits abut the property on the east and the north. Water and sewer is available with extention of lines. The property is within the Meridian Area of Impact. 3. The condition or situation which warrants a change being made in the Plan. All of the adjoining properly north of Overland Road is zoned C-G and is currently being developed into commercial businesses. The existing property to the east is also zoned C-G. Overland Road is a minor arterial with a proposed 96-feet right-of-way. This would put the roadside within 23-feet of the existing residential houses. 4. The public need for or benefit from such a change in the Plan. It is appropriate to have commercial property adjacent to Overland Road to provide a buffer from future residential use anticipated to the south. Controlled entrance of traffic to Overland Road could be planned. Freeway access is readily available to allow the public to reach future businesses. 5. Documentation that no ther solutions to the problem are presented by the current policy of the Plan are possible or reasonable. Directly north, existing businesses include Mountain View Equipment, Intermountain Pet Hospital, Roaring Springs Water Park, and Boondocks. Currently, Interstate Center has future plans for motel and restaurant development. It is not reasonable to expect this large, full-scale commercial development on the north side of Overland Road to be compatible with single-family housing on the south side. Title 67, Chapter 65, Idaho Code, will not allow zoning or annexation requests until the Meridian Comprehensive Plan is amended. 6. Development intentions for any land involved. The applicants do not plan to develop the property themselves. They do have an interested buyer fora 7-acre parcel on the west side of Rollo located across from Roaring Springs Water Park. The purchasers plans include a planned RV park for travelers visiting the water park. 7. Any other data and information needed by the Planning and Zoning Commission in evaluating the proposal, such as who does it help, who does it hurt, how much is it going to cost and who's going to pay for it. Any commercial development would add to Meridian's future tax base and provide additional customers for existing businesses in Meridian. Costs would be paid by future impact fees, increase in tax base, developers, and future businesses. T eron G. Scott, President Carol Lotspeich, Secreta Treasurer BOUNDARY DESCRIPTION FOR QUEENLAND ACRES, INC. A parcel located in the NE `/< of Section 24, Township 3 North, Range 1 West, Boise 1~leridian, Ada County, Idaho, more particularly described as follows: BEGINNING at a 5/8 inch diameter iron pin marking the northwesterly corner of said NE `/4 (one-quarter corner) from which a brass cap monument marking the northeasterly corner of said NE `/4 bears N 89°21' 19" E a distance of 2618.81 feet; Thence N 89°21' 19" E a distance of 1759.40 feet to a point; Thence S 3°59'54" W a distance of 755.96 feet to a point; Thence S 89°21'20" W a distance of 1706.67 feet to a point; Thence N 0°00'05" W a distance of 753.53 feet to the POINT OF BEGINNING. This parcel contains 29.98 acres and is subject to any easements existing or in use. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated August 9, 1999 ~~~~~P~4 C~~ ~.~'~ ~ _~J ~ ~, ~Q82 0 ~ ~ Slgl99 ~ ~ Queenland Acres, Inc. 1032 E. Cayman Drive Meridian, Idaho 83642 December 2,1998 Mr. Will Berg. Meridian. City Clerk Meridian City Hall 33 E. Idaho Ave. Meridian, Idaho 83642 Dear Mr. Berg: It is our understanding that in the near future you are going to make anew Comprehensive plan for the City of Meridian and the surrounding area. We have some property located south of Overland Road, east of Roho Welding and West of Stoddard Lane we would appreciate having included in the Comprehensive Plan and zoned Commercial. This property is south of Overland across from the Boondocks and the yet to be built water entertainment facility. To the west of the Boondocks is the Mountain View Equipment Company and adjoining Mountain View is a veterinary clinic. Since all the property north of Overland Road in this area is Zoned Commercial it would seem an appropriate use for this property south of Overland to be commercial also. Thank you. Sincerely, Carol Lotspeich Secretary-Treasurer I/lC/N/TY SKETCH COMPREHENS/l/E PL4N AMENDMENT REQUEST A PART OF THE NE 1/4 OF SECTION 24 TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MER/D/AN, ADA COUNTY, /DAHO. 1 COC 0 ! 1000 ~ 2000 ~ 3000 Feet ~, • 1I• , ~ I(~ ~ ~~ `~ /, ' -.~~ ! ~ 1 1-84 N ~ j ~ ~-- ! ~ I ~ ~ i ~'•~ I ~ II ~ I OV!<RLAND ROAD ~ ,i ~ i ~ ---1 I •; I L ~ ~i I ` ~ I , I; ~I.~~ v 1 ' ~ + ~~ ~ AMENDMENT ~ ~1~ 1 ~~! ~ =+ ~; ' ~ ! ~ _ AREA / ~ ~ ~ ,, .`,.~, ~' `c^~ ~? ~ ~ ~ ~ r '_'t' \ ~ i L PROPOSED'~'~ ~~ ~~,~ ~-~ ~ ~ ~ ~ ~ ~~ ~ S! BEAR CREEK ESTATES ' \ ~ ~ +`'~ 1 ~~ .~.~ i f ~~ SUBDIVISION ~ ~~o ~ ~~~/ ~ % ' ~ ~~ ~ .~ 1 ~ 1 I M1_r ~~ i I ' ., ' ~ ~~ . f ~ ~~ ... 1 _ i ~~ _I ~ i ~~ ~~ _ ; ~ ~~ I ` ,,.~ • f . r-~, f '~ ~ ~ L ~crnav awn ~ ~ ~ ~~ ~+ ~ ~ j ~ ~~ I ~ ~_ PREPARED 8T CIYQ. SURVEY CONBULlANTB, INC. P.O. BOX 39 1530 W. STATE STREET MERIDUN. IDAHO 83680 I//C/lV/TY SKETCH COMPREHENSII/E PLAN AMENDMENT REQUEST A PART OF THE NE 1/4 OF SECTION 24 TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MER/OL4N, ADA COUNTY, /DAHO. '~- -~ lCOC 0 + 1000 ~ 2G`00 ~ 3000 Feet ~~ 1 - 84 ~ ~ ~~\ ~ i ~ -•~ ! ! ' ~ ,' ~~-~ ~ ..._~.--,I I ~ .~ -r ; ~ ~ ~ j i ~ .; i ~ i ~ r II ~ ~~ ' ~~ ~ ~ ~ i it `~~ ~. ~~ ~ : ~ `~;. ~..~ f, ;-; c ~~~~~ r r I ~ \ ~ ~ ~ ~~ r~ >~ ~~~ v ~ ~~/ i~4 ~~~~ ~ ~' . i ~ I ! I ~~ s ~ ~ ~ ~` I ! j ~~. I ~~ ; f ,~ ~ ~-., /~~_ '~~_~ l ~ vlcTOaY~Ln .~ 1 -1~' ~ i I ~~ ,.1 ~~ ~~ .v _ ~~ ~I PREPARED 8Y CIVIL SURVEY CONSULTANTS, INC. P.0. BO% 39 iS30 W. STATE STREET YERIOIAN, IDAHO 83680