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Home My WebLink AboutQueenland Acres, Inc AZMayor ROBERT D. CORRIE Council Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD HUB OF TREASURE VALLEY "'~ A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 LEGAL DEPARTMENT (208) 884-4264 PUBLIC WORKS BUILDING DEPARTMENT t2oa) as7-2211 PLANNING AND ZONING DEPARTMENT (208) 884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: November 3, 1998 TRANSMITTAL DATE: September 23. 1998 HEARING DATE: November 10, 1998 REQUEST: ANNEXATION AND REZONE FOR 7.30 ACRES BY: QUEENLAND ACRES, INC. LOCATION OF PROPERTY OR PROJECT: '/4 MILE WEST OF OVERLAND FROM MERIDIAN-KUNA RD, SOUTH SIDE BORDERING WEST SIDE OF RO-HO ENT. TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER _CITY PLANNER CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: ~' i//C/N/TY MAP ~ ANNEXA T/ON AND REZONE REQUEST /TZ~M >3 A PART OF IHE NE 1/4 OF THE NE f/4 OF SEC770N 1,3 T27N~NSH/P 3 NORTH, RANGE 1 WFST, BOISE MER/D/AN, AD,4 COUNTY, IDAHO. 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STA7t STNEET IIERIOMN, IOANO 33640 ** TX CONFIR~ON REPORT ** • AS OF NOU 23 '98 16:15 PAGE.01 CITY OF MERIDIAN DATE TIME TOiFROM 08 11123 16:15 208 888 1097 MODE MINiSEC PGS CMDtS STATUS EC--S 00'31" 001 095 OK NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on December 15, 1998, for the purpose of reviewing and considering the application of Queenland Acres, Inc. for an annexation i~ rezone of 7.30 Acres, which property is generally located '/s mile west of Overland from Meridian-Kuna Rd, south side bordering west side of Ro-Ho Ent., Meridian, Idaho. A more particular legal description of the above property is on file in the City Clerk's office at Meridian Ciiy 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 23nd day of November, 1998. ~~-- WILLIAM G. BERG, JR., CLERK PUBLISH November 25`h 8 December 9`", 1998. 4`~~~~.~t ~ ~ ,~~~~'~<,,~ y ~' ~~L - ~~~ `~ 9 w i,~~~~/,//I'C t~r~~l'~`'~`~~.~ ar THERON SCOTT -PROPERTY OWNERS WITHIN 300' MOORS WINSTON H PO BOX 8204 BOISE ID 83707 1 S 18 S BLACK MARLIN LANE 1530 S BLUE MARLIN LANE 474 W OVERLAND RD 438 W OVERLAND RD 392 W OVERLAND RD 340 W OVERLAND RD 1S3S S BLUE MARLIN LANE 1 S S O S BLUE MARLIN LANE W OVERLAND RD MARELLI MICHAEL S 2463 MEADOWLARK DR SAN DIEGO CA 92123-331 S 214 W DAVENPORT DR WEST PATRICIA OHARA 196 W DAVENPORT DR MERIDIAN ID 83642 O'LEARY LORI A 182 W DAVENPORT DR MERIDIAN ID 83642-6S7S QUEENLAND SINC CAROL LO PEICH 1032E YMAN DR ME IAN ID 83642-6661 F5 W OVERLAND RD MERIDIAN KELLY JOHN W & RUTH E RAINEY SHERWIN D ETAL 24S W OVERLAND RD MERIDIAN ID 83642-6SS4 26S W OVERLAND RD HOWELL D JERRY AND HOWELL FLORENCE B PO BOX 611 MERIDIAN ID 83680-0611 1601 S MERIDIAN RD SCOTT THERON AND LOTSPEIC CAROL SCOTT 1032E YMAN DR ME IAN ID 83642-6661 E ERLAND RD S W OVERLAND RD LA COMBS NORMAN A & DEANNA M 230 W DAVENPORT DR MERIDIAN ID 83642-6S7S COLSON KENNETH 1875 S RIPTIDE AVE MERIDIAN ID 83642-6572 TWAIT BRIAN M & TIFFANY 1893 S RIPTIDE AVE MERIDIAN ID 83642-6572 FRITZEMEIER KATHLEEN M 1896 S RIPTIDE AVE MERIDIAN ID 83642-6572 HOPKINS RANDALL 1921 S RIPTIDE AVE MERIDIAN ID 83642-6572 LEWIS PHILIP T & SANDRA H 1908 S RIPTIDE AVE MERIDIAN ID 83642-6572 HARTUNG CHET & KATHERINE C 1945 S RIPTIDE AVE MERIDIAN ID 83642-6572 ~ t . G~- x ~ Sets 1 ~ ~ NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m., on November 10, 1998, for the purpose of reviewing and considering the application of Queenland Acres, Inc. for an annexation & rezone of 7.30 Acres, which property is generally located %4 mile west of Overland .from Meridian-Kuna Rd, south side bordering west side of Ro-Ho Ent., Meridian, Idaho. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 6th day of October, 1998. ~~ ~. WILLIAM G. BERG, JR., CI . ERK ~,~y~sw~-tttsttr~~l~~rs PUBLISH October 21St & November 4th, 1998 ~ti~r .~ 4 ~~~i .~ ~~ r BI~iL y .. r ~ ~~ rJ~~r,~ ~~,~14ti ~~d'i~ft:3f3 tit5f~4~~~ ** TX CONF I RMAT~ REPORT ** AS OF OCT 06 '9~~41 PAGE. 01 CITY OF MERIDIAN DATE TIME TOiFROM 06 10106 11 41 208 888 1097 MODE MIN/SEC PG5 CMD# STATUS EC--S 00'31" 001 148 OK NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m., on November 10, 1998, for the purpose of reviewing and considering the application of Queenland Acres, Inc. for an annexation 8 rezone of 7.30 Acres, which property is generally located '/a mile west of Overland from Meridian-Kung Rd, south side bordering west side of Ro-Ho Ent., Meridian, Idaho. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 6'~ day of October, 1998. WILLIAM G. BERG, JR., CI ERK ``1~,~``~,~~ d crrn~q~~~~,''~.L i PUBLISH October 21~ 8~ November 4"', 1998. ,~ ~~~,,~o~,~ ,~ ~!'- ~b 8~L 9~ 1~~ ., ~ +~l~Riil tt lt5~bt``\ • • ~c~~ SEP 1 5 1998 CITY OF MERIDIAN CITY OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 PLA.~,'~~tG & ZONING Phone: (208) 888-4433 Fax: (208) 887-4813 APPLICATION FOR ANNE~~ATION AND ZONING OR REZONE PROPOSED NAME OF SUBDIVISION:. t~ GENERALLOCATION•4 mile west of Overland from Meridian-Kuna Read South side bordering west side of Ro-Ho Ent. TYPE (RESIDENTIAL, INDUSTRIAL, COMMERCIAL): C o mme r c i a l ACRES OF LAND IN PROPOSED As1NE~~ATION: 7.3 0 PRESENT LAND USE: F a rm i n g PROPOSED LAND USE: Genera 1 C omme r c i a 1 PRESENT ZONING DISTRICT: Ada County RT PROPOSED ZONING DISTRICT: Genera 1 Comme rc i a 1 APPLICANT: Theron G. Scott and Carol Lotspeich PHONE:(208) 888-2545 (208)888-6027 ADDRESS: ~ 7 g, ;o7asz-~~s ~~~.=-~1.T-~4o~ i~l i~ ~~ I~~.~-b " '' ENGINEER, SURVEYOR, OR PLANNERS i v i l Survey Co n s u l to n 0~2 0 8) 8 8 8- 4 31 2 • r-rmatlrp-~srtY-t~~~- ADDRESS: p n Rn x 3_~ , M A r; d, an, r n g.~z H.4 2 OWNER(S)OFRECORD:Queenland Acres, Inc pg0~;(208) 888-2545 ADDRESS: 670 West Victory Rd, Meridian, ID 83642 of Applicant • Annexation and Zoning Request Required Information 1. Applicant - Queenland Acres, Inc. Theron G. Scott, President Carol A. Lotspeich, Secretary-Treasurer 670 West Victory Road 1032 E. Cayman Drive Meridian, ID 83642 Meridian, ID 83642 (208)888-2545 (208)888-6027 2. Same as above. Copy of deed attached. Deeded owners Truman G. & Doris E. Scott are deceased. 3. Notorized request is attached. 4. Boundry Description is attached. 5. Present land use is farming. 6. Proposed land use is commercial. 7. Present zoning district is Ada County zone RT. 8. Proposed zoning district is City of Meridian zone C-G. 9/10. 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. Existing land use to the south and west is a mixture of agriculture and residential use. Since Overland Road is a minor arterial, it is appropriate to have commercial property adjacent to Overland Road to provide a buffer from future residential use anticipated to the south. 11. The 1993 Meridian Comprehensive Plan identifies this area as single family residential. Presently a major portion of the adjoining land is zoned commercial. 12. A 100 scale map of the subject property is attached. 13. Thirty copies of a 300 scale vicinity map is attached. 14. A list of all property owners within 300 feet obtained from the Ada County tax records is attached. 15. A check for application and mailing fees is attached. 16. We the undersigned state that all of th ro will be posted uire y the Meridian City Hall. ,, , , _ _ G. Carol 17. We the undersigned state that we have read the in' verify the information is accurate to the best of our Treasurer submitted tR the City of Meridian and Carol Lotspeich, Secr~ltary-Treasurer -------~u~:~~~--------- --~ ----.___ __. WARRANTY DEED Fol• 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 #3, Meridian, Idaho the grantee ,the following described premises, to-wit: From the corner common to sections 13 and 29, 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 NE1/9, 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. Alnd the said Grantors do hereby 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 inewnbrances except those hereinabove specified, and that they will wal•!•ant and defend the same fl•om all lawful claims whatsoever. Dated: L~-(l,f.,0~a-fl`J , 1974. STATE OF illAH~, COUNTY OF ANYON : sS On this ~.~ ~ day of ~-~~ . 19'/~, before me, a notary public in and for said State, personally appeared TRUMAN G. SCOTT and DORIS. ~. SCOTT, ki.psban,~i, and wife, ~ ~ ~ . known to ple to b~,l•:he jieraon$ whose name g a: subscPibed to t~le' withifl instrument, and acknowledged to me tfis~t: trlley' o executed the same. Notary Public Residing at. ~~ ~ ~ Nampa ,Idaho Comm. Expires Truman ~. SCOLL c ~~/C] ~~ 1 llOr15 t; . ~ Oy t STATE OF IDAHO, COUNTY OF ~~~~ I hereby certify that this t strument was filed for rec drat the request of ~~ ~7'/~! 1~- ~/ /L<-~"-- at p~ .7 minutes past {'/~ ~"~ o'dock~m., this ~ f daq of ~ -c-li , 19 ~j~ , in my office, and duly recorded in Book of D eda at page CLARENCE A. PLANTII~~ Ex-Olifcio Recorder By Deputy. Fees ;/~ Mail to: - ~~E~'J l e~.~ z z 0 `~Z Warrant, Deed E0~-A Prloted and For ads Br Braga-Park ComOanr, E°ba -----= ____-_-_- -----_ ---- -- o K 388 PEE 4~' ~~,.r .I ,•.. r,' I•, I•. i.' i •t, 1. r. .i. i ~ ~ nr- f n..l:.!I I .~ I I ' ,, 1~~,,1 t•,;I ..,I. ~ ,' ~ i~~'i ~( ;.. .!.:. ~ . .. .! I,N. r'i i r'!11 I~f H•.i ;rlilrr 11. ~1'. ;rl,~ . ~ ~ I I ,,I ,..I ~~~ 1.~. • I r.. 1~' •.1 tiiir'!nr. l~ l i l ~ ~ ,i I ~~ , i •. .i ...;I' I .1~ . i' Il,k t'l) rrt. .,. ~ . .. lir.ltr:. IN WI'i'Nh,SS WIIls'R1;OL','19te said part ies of the first part hn ve hereunto aetthe irhands nud seal s Lhe clay and yenr first nbove written. - SICNEU, SEALF,D AND DEI.IVF,RF.U IN PRESENCE OF ~~ ~ -~; ~ f~ ------------------ ----------------------------------------------------- ~ ~~i?1LU.~-L1------!V ------~~.,i~~~~!.~c!N.._ [Seal ] --- - °~'~"~~~--~4cI~J------------[Seal] ------------------------------------------ [Sent ] - - -------- --- --------_.---------------------------------------------...--------- •--------------------------------------------------------•---•------...._.. [Seal] S'I'A'I'I'~ OF IDAIIO , 9a. e county of flDA On this .rith ,dny of May In the yenr 1U jlF ,before me the undersigned , s Notary Public __.,in.nncl_f~r.nnlsLStnl;e,,rersonnllY.appeared-~-G1IB:.31'Tilt-~.--hLAlt~6li~tnd=(aL,:lDY(3 =RS=-`''~"-""`- ALDHICII, })~us~arid and wife,-' ,•~ ., luunvn to me to be 'the person ;~ whose name Is ' 'are ' subscribed to the within Instrument, and acknowledged to me tliat •t lie' y executed the same. ~ ~ ~ ~ , ~ ~ • ,, iN Wl'I'NESS WIii;RrOh, I have herecmto set my hand and nflixed my ofiiclnl seal, the day and volu• u, Lhis certlficnte first nbove written. ,,,.,,.r~rr,,,,,•. .: . `; 4~~1 ' '_+?,/~ Notary Fublic for the State of Idaho, `- I ~, Residing nt Meridian t , Idaho.t .I :, ~ 1 .. ,I;, -.-u ~,t, ..Q - ` ?r~ W i : Q \~ EH 'y P; . I` i s~. ~ Ty 1 r.l ~. h!i • 1 ... .~ ~ `>~ a C °' , l ~ ~' o p' ° ~ \~ U f ^ -~,.;,,r. I ~ I ~1 M GN] iiilll as 1 tl ' // ~' 11 - -- -'~- --' ~~~~ ~ •~ z ~~.? ~,~. ~: . ~~ -~ o 1 1 :r t. a •I •.I'. ; /. n::-~;•~,i - ~~nsLyW.• Ipq. t 2Ui WAItRAN•1'Y lll FU ~ rrlueed nd [or_P,m•.Tork co vnr aow_ --r--_, ::.- _._-:_. - ----- 780015 3~H PAGE 4f I r ' • '1'1115 INllI;N'I'U1t1;, Made this 5th dny of MaY, in Lhe year of orrr Lord vne thousnnd nhro hundred and i•.i.('hy-four ,between CIIli5'I'Elt ll. ALUItICII and CLAllYS A7. ALll)tICll, husband and wife, I~ t~ of Meridian County of Ada ,State of Idaho , the part ies of the first part, and '1'ilUMAN U. SCO'i"P and llORIS L. SCOTT, husband cutd wife, of. Meridian ,County of Ada ,State of Idaho , ~ I the part ies of the aecond part. __- - Wl'I'NI:SSIti t Il, 'that the snid part ies of the first part, for and in considerrttion of the ettm of TEN 010.00) and other good and va:Luable consideration - - - - -llOLLARS, I:wvQd.'ntuney vf. Lhe United Stntes of America, ~ , to them hr hmxi pnid by the sold girl; ;I_es. of the second part, the receipt whereof is hereby acknowledged, ha ve granted, bargnhted :urd Hold, :uid Iry these presents do yr:urC, bnrpnin, sell, convey and confirm unto the Hold port ies 'of Lhe second part, :vul to their heirs and assiyus :forever, nil of the followhtg described rent estate, 'sitnal,cd iir ~ , County vf. Ada , State of ldnho, to-wit: : P'r•om the corner common tv sections 13 and 24, 'r• 3 N• t lt. 1 W., U.M., and sections lt3 and ly, 'f• 3 N., 11. 1 i;., ., U.M. , thence South i39° 12' W. , 1362.20 feet, along the section line, Co the point of beginning, Lllence South i3y~12r W,, Ir50.00 reel; to the N.W. corner o1' the NL~;~ NEf; 01' said section "7_1r; ' 1 .J ,fit ?~`Z ~D/-J \~ thence South 753.50 feet; . ~;r r~~.~ I,npllr: thence North 139012 Last 393•~rp feet~to the thence North !r l9 Last 7~d•35 ,•,•n•~ point'of beginning and containing 7.294 acres, more or less, all. in the NEB„ NE>:, Section 7.1r, T. 3 N., H. 1 W., U.M., Ada County, Idaho. _% 1, t ; ~~ ~ ; • ' ~; ~ , .. I 1 'I'OUI~'1'f11~11, With nil and singular the tenements, hereditaments and nppurtenances thereunto helonr;iup•• or in nnywiso appertaining, the reversion and reversions, remainder and remainders, rents, isnnes and proliLs thereof; nod. all estate, right, title and Interest ht and to the said property, ae well iu Inw ns in equity, of the said part :Les of the first port. '1'U IIAVP AND .'I'0 IIOLD, All and singular the above mentioned and described prernleen, together with the nppurtennnees, unto the part ies of the aecond port, and tot}-eirheirs and assigns forever and the snid part ies of the first part, and thedrhelrs, the snid premleea In the quiet and peaceable prssession of the said port ies of Lhe second pnttEheiiheirs soil nssigns, *gt-M>St the a>.,Id pAt! ie9 of the ^rst port, noel l;he it heirs, and against nit and every person and persons whottteoetnet clniminQ or to claim the earns shall and will WARRANT' and by these presents foreveC:b • :y,~~~, ., *t '~, ~ ~ `~`~ REQUEST FOR ANNEXATION AND REZONE Date: 9//y l 9 8 Queenland Acres, Inc. does hereby request that the City of Meridian annex the real property idenRified in the attached Application For Annexation Approval 8t Zoning or Rezone, and rezone said property from R T to C-G General Retail and Service Commercial. Theron G. Scott, President STATE OF IDAHO ) ss. County of Ada ) _i Caml A. Lotspeich, S tary On this ~~ay of ~ ~~~ bar _ ,1998, before me a notary public in and for said state personally appeared Theran. G. Scott and Carol A. Lotspeich, known to me to be the President and Secretary of the corporation that executed this Trent or the Persons who executed it on behalf of said corporation, and acknowledged to me that said corporation executed~the same. - ~~~~~un~r~ii •~ O 9.•......~, ~,~,,, f..~~°~pYAR •~~`'~ =~~:~ ~ U B l~ ~' ~~, ~Q ,; Notary ~P.~blic for I Residing at j My commission expires G ~ ~ ~, ~y BOUNDARY DESCRIPTION FOR QUEENLAND ACRES, INC. PARCEL 1 A parcel located in the NE 1/4 of the NE '/4 of Section 13, 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 '/4 of the NE 1/4 (E 1/16 corner), from which a brass cap monument marking the northeasterly corner of said NE I/4 of the NE '/4 (section corner) bears N 89°21' 19" E a distance of 1309.40 feet; Thence N 89°21' 19" E along the northerly boundary of said NE '/4 of the NE '/4 a distance of 450.00 feet (of record as S 89°12' W a distance of 450.00 feet) to a 5/8 inch diameter iron pin; Thence leaving said northerly boundary S 3°59'54" W a distance of 755.96_ feet (of record as N 4°19' E a distance of 758.35 feet) to a chiseled cross in a concrete wall; Thence S 89°21' 19" W a distance of 395.78 feet (of record as N 89°12' E a distance of 393.40 feet) to a 5/8 inch diameter iron pin on the westerly boundary of said NE '/4 of the NE 1/0; Thence N 0°06'51" W along said westerly boundary a distance of 753.51 feet (of record as SOUTH a distance of 73.50 feet) to the POINT OF BEGINNING. This parcel contains 7.32 acres and is subject to any easements existing or in use. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated August 31, 1998 r 0 ~ ~E apa~ o; ~~~~ A o c, am=~°i o ~ aKaF w~°a an'"'~, z ob ,~ a ~t O ~, o~y= m~~~ o~Oi-D o, m rZ ~~OG~ °DC~n~n < ~ t'7 ^' m O ~n~ ~ _ -I A G G N ~ ~ T \~ j V^J 1 +^` CITY OF MERIDIAN "Hub of Treasure Valley" 33 E. Idaho Meridian, Idaho 83642 888433 Order No.J Date - 5" Name Q Address ` Phone: (J Cab ^ p~5~'S SOLD BY CASH C.O.D. CHARGE ON ACCT. MDSE. RETD. PAID OUT i ~---- 3 •6 53 ~ ~l`1 I I i I Ali claims-and returned goods MUST be accompanied by this bill. - 0 0 0 9 0 7 3 TAX ~-~'"" Received i3y ~ TOTAL S'~'~` i~{.~ r,S_2n2-? BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION ) OF QUEENLAND ACRES, INC. 1/4 MILE ) WEST OF OVERLAND FROM MERIDIAN- ) AND I~UNA ROAD SOUTH SIDE BORDERING ) WEST SIDE OF RO-HO ENT, THE ) APPLICATION FOR ANNEXATION AND ) ZONING, MERIDIAN, IDAHO ) FINDINGS OF FACT AND CONCLUSIONS OF LAW DECISION AND ORDER OF DENIAL The above entitled annexation and zoning application having come on for public hearing on December 15, 1998, at the hour of 7:00 o'clock p.m., and the Applicant, Theron Scott, having appeared and testified and Bob Mitchell, Bill Miatt, Bob Beede, and Steve Tree having appeared and testified in favor of the application, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning were published for two (2) consecutive weeks prior to said public hearing scheduled for December 15, 1998, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 1 DECISION AND ORDER OF DENIAL ANNEXATION AND ZONING - QUEENLAND ACRES, INC. ! • hundred (300') feet of the e.Yternal boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one ~veelc before said hearing; and that copies of all notices were made available to netivspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the December 15, 1998, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to e,~cpress comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and §§ 11-2-416E and 11-2-417A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions 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, Ordinance No. 629 -January 4, 1994, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property which is the subject to the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 2 DECISION AND ORDER OF DENIAL ANNEXATION AI~1D ZONING - QUEENLAND ACRES, INC. • • fonh in full. The property is approximately 7.30 acres in size. The property is located 1/4 mile west of Overland from Meridian-Duna Road south side bordering west side of Ro-Ho Ent. S. The Applicants are Theron G. Scott and Carol Lotspeich, and Queenland Acres, Inc. is the record owner of the property and has filed a written request for annexation. 6. The property is presently zoned by Ada County as Rural Transition (RT), and is used primarily for farming. 7. The Applicant requests the property be zoned (C-G), General Retail and Service Commercial. 8. The Applicant has requested the annexation and this zoning, and the application was not initiated at the request of the City of Meridian. 9. The property is located at 670 W. Victory Road, Meridian ,Idaho. 10. The proposed site of the subject property is 1/4 mile west on Overland Road from Meridian-Duna Road, and south of the Interstate Center Subdivision. 11. The city limits of the City of Meridian abut the subject real property on the east, the north and on the northern portion of the west boundary of the subject real properly. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 3 DECISION AND ORDER OF DENIAL ANNEXATION AND ZONING - QUEENLAND ACRES, INC. • • 12. The land within the proposed annexation is contiguous to the present city limits of the City of Meridian, and the annexation would not be a shoestring annexation. 13. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 14. The applicant proposes to develop the subject property commercially. 15. The entire parcel of the property is included within the Meridian Urban Service Planning Area and the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 16. The Meridian Planning and Zoning Commission recommended to the City Council denial of this subject requested annexation and zoning upon the basis that it was inconsistent with the Comprehensive Plan of the City of Meridian. 17. The Applicant's requested zoning of the subject real property as General Retail and Service Commercial (C-G) is inconsistent with the designation of the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single-Family Residential. 18. There are no major or scenic features of major importance that affect the consideration of this application. 19. The property can be physically serviced with City water and sewer, if applicant e,Ytends the lines. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 4 DECISION AND ORDER OF DENIAL ANNEXATION AND ZONING - QUEENLAND ACRES, INC. C~ CONCLUSIONS OF LAW i 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section 11-2-417 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The City Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975" codified at Chapter 65, Title 67, Idaho Code by the adoption of "Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The requested zoning of General Retail and Service Commercial, (C-G) is defined in the Zoning Ordinance at 11-2-408 B. 11. as follows: (C-Gl General Retail and Service Commercial: The purpose of the (C-G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 5 DECISION AND ORDER OF DENIAL ANNEXATION AND ZONING - QUEENLAND ACRES, INC. • City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. 5. Idaho Code § 67-6511 provides that requests for an amendment to the zoning ordinance and that the request be found to be in accordance with the Comprehensive Plan of the City. 6. That in § 11-2-417 A it provides in part that: "If the Commission and Council approve an annexation request, the Commission and Council shall insure that said annexation is in accord with this Ordinance and the Comprehensive Plan." 7. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is required for Applicant to construct and operate any stores or facilities on this parcel of land. 8. Section 11-2-416 D 2 states: "If the adoption of a zoning amendment application requires an amendment to the Meridian Comprehensive Plan, the Meridian Comprehensive Plan shall be amended prior to the consideration of the zoning amendment and the procedures provided in Chapter 65, Title 67, Idaho Code, shall be followed on the amendment to the Comprehensive Plan and, until the Comprehensive Plan is amended to allow the zoning amendment, no action will be taken on the zoning amendment." FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 6 DECISION AND ORDER OF DENIAL ANNEXATION AND ZONING - QUEENLAND ACRES, INC. • • DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby order and this does order that the application for annexation and zoning is denied. 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 denial of the annexation and zoning 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 7 DECISION AND ORDER OF DENIAL ANNEXATION AND ZONING - QUEENLAND ACRES, INC. • By action of the City Council at its regular meeting held January 5, 1999. ROLL CALL COUNCILMAN KEITH BIRD COUNCILMAN RON ANDERSON COUNCILMAN CHARLIE ROUNTREE COUNCILMAN GLENN BENTLEY MAYOR ROBERT CORRIE (TIE BREAKER) MOTION: APPROVED: VOTED fG~ VOTED C~'p~ VOTED (~~_ VOTED (~~ VOTED DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. By: Dated: ~~S ~~ lty Clerlc msg~D:UVIyFilesU~leridian City File~Findings3~Anne.~cation and Zoning FF\QUEENLAND ACRES AZ FF FOR CC 010499.doc ~ECEI~D CITY OF MERIDIAN FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 8 DECISION AND ORDER OF DENIAL ANNEXATION AND ZONING - QUEENLAND ACRES, INC. • Meridian City Council January 5, 1999 Page 21 13. ORDINANCE #811 -ANNEXATION AND ZONING 800 W. OVERLAND ROAD: Gigray: Mr. Mayor and members of the Council, again this is an ordinance that's been prepared for annexation and zoning designation of light industrial for this particular application. My cautionary on this one is that I'd want to make sure that the Public Works Director is satisfied that the legal description is appropriate. I don't know that he's had an opportunity to review that. Whether he affirms that it is, again, if that's the case, you could simply follow the procedure you did on the first one and sponsor it, read it, put it on the agenda for passage at the next meeting pending its approval of the legal description. Corrie: Gary, comment. Smith: I have not reviewed the legal description, Mr. Mayor. Corrie: Council can - Rountree: Mr. Mayor I move that we continue action on item 13 Ordinance #811 until our next regularly scheduled meeting January 19th, 1999 and have first reading of the ordinance this evening. Bentley: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bentley to have Ordinance #811 read by title and receive as the first reading sponsored by Mr. Rountree. Further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. Berg: (ORDINANCE #811 WAS READ.) 14. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF 7.30 ACRES BY QUEENLAND ACRES, INC. -'/4 MILE WEST OF OVERLAND FROM MERIDIAN-KUNA ROAD SOUTH SIDE BORDERING WEST SIDE OF RO-HO ENT.: Corrie: Staff report. Gigray: Mr. Mayor and members of the Council, as you directed by reason of your action at the last Council meeting which effected a denial of the request for annexation and zoning in light of that directive have prepared for your consideration these Findings Meridian City Council January 5, 1999 Page 22 of Fact and Conclusions of Law and Decision and Order of denial. As you will see by going through this the Finding which is the most relevant with regards to your action has to do with the finding regarding the compatibility of this particular zone request as being inconsistent with the Comprehensive Plan of the city and that is contained in finding number 16. The other findings that are here are consistent with the information which in 17 also deals with the inconsistency which has to do with the designation of this property on the Comprehensive Plan generalized land use map which shows presently single family residential. As a condition of zoning is that the zoning has to be in conformance with the Comprehensive Plan. Corrie: All right. Any other comments from staff? Rountree: Mr. Mayor I move that we approve the Findings of Fact and Conclusions of Law and Decision and Order of denial for the application for annexation of Queenland Acres, Inc. Bentley: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bentley to approve the Findings of Fact and Conclusions of Law and Decision and Order of denial on the request for annexation and zoning of Queenland Acres, Inc. Any further discussion? Hearing none, roll call vote. ROLL CALL VOTE: BIRD, YEA. ANDERSON, YEA. ROUNTREE, YEA. BENTLEY, YEA. MOTION CARRIED: ALL YEAS. 15. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF .96 ACRES (OLSON BUSH INDUSTRIAL PARK) BY RAY ROBNETT - 3036 LANARK STREET: Gigray: As I recall my comment on this one is that there was a question concerning whether or not this would require a development agreement or whether or not it would be subject to approval of the site plan. We went ahead and prepared one just in case. (Inaudible) Bird: Mr. Mayor I was under the impression that we had done the same -this is already developed subdivision. I didn't think it went with the development agreement which I realize is the next agenda item. It says in here that on 3.14 that this is contingent upon a development agreement, but I thought we had waived that. I might be wrong. • • Meridian City Council Meeting December 15, 1998 Page 34 MOTION CARRIED: All ayes. 12. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 7.30 ACRES BY QUEENLAND ACRES, INC. -'/ MILE WEST OF OVERLAND FROM MERIDIAN-KUNA ROAD SOUTH SIDE BORDERING WEST SIDE OF RO-HO ENT.: Corrie: At this time I'll open the public hearing and have staff comments, report. Stiles: Mr. Mayor and Council, this is for almost 7 % acres directly across the street from where the Roaring Springs Water Park would be developed. Although there are obviously changes in the area that would probably support a comprehensive plan change for that area, it is currently designation as single family residential at this time. Therefore since the request is not in accordance with the comprehensive plan, it could not be approved. I would like legal counsel to clarify whether the council should deny it or defer action on it until the comprehensive plan is done. The Comprehensive Plan update, if it's a possibility to defer it for that length of time or if it is what the council should just deny. Gigray: Mr. Mayor and members of the Council and Madame Administrator, essential question on any annexation and zoning designation particularly you have to make a finding that the application is in conformance with the comp plan. That's a question of fact that you address in your findings, and the recommendation you have before you from Planning and Zoning says that it is not. Obviously you'll hear testimony on this issue. If ultimately it's not in conformance with the comp plan then what the applicant has to do unless they would challenge your action would be then come back and make an application to amend the comp plan to accommodate what they propose to do. I don't think we can hold this long enough. I think there's a 70 day limit in our ordinance for tabling that would allow you process a comp plan change in the same time period. Corrie: Council have any questions on the Counselor's explanation? Rountree: No. Bird: I have none. Bentley: No. Corrie: Thank you Counselor. Mr. Smith any comments? Smith: I have no comments, Mr. Mayor. • • Meridian City Council Meeting December 15, 1998 Page 35 Corrie: At this time I'll open the public hearing and the applicant step forward please. THERON SCOTT 670 W. VICTORY ROAD, MERIDIAN Scott: We realize that it's zoned R-1 and when I went before the Planning and Zoning I brought up the subject of maybe going in and getting it changed through the Comprehensive Plan and they didn't want me to. They didn't want a small parcel coming in while they're in the process of their new plan. So they said they would just turn me down and send me over here. And what we have got in mind is we own all the property from Ro-Ho Enterprise through to Stoddard. We own-all the houses in there. And we want an 1/8 of a mile buffer zone commercial between there and where we plan to do a housing development south through to Victory Road, but we would like this 1/8 mile to be a commercial zone. When Ada County widens the road, they're going to take 23 to 24 foot of the road on our side. We'll put out houses within 25 to 30 feet of the road, which is too close for safety and what we would like to do is have this 1/8 of a mile buffer zone between Overland Road, which is going to be a commercial road and then have housing which would be okay the line would be where Elk Run starts. Then we want to go clear across to Stoddard Road with an 1/8 of a mile for commercial on Overland Road and alleviate these houses. We own all -well we don't own all of them. We lose one. The one on the corner we don't own, but I'm quite sure that he would go along too. But that's our plan, and that's why we came before you because the people that are putting in Roaring Springs, they are interested in buying this 7 '/z acres to put in a RV park to support Roaring Springs and of course it would support Boondocks too, and that's why we're here before you because that's the process. Corrie: Any questions? Bentley: I have none. Bird: I have none. Corrie: Okay, thank you. Anyone else from the public who would like to issue testimony in favor? BOB MITCHELL 4642 N. ZIMMERY PLACE, BOISE Mitchell: I'd like to speak in favor of the annexation and zoning of this piece of property. I would let you know that I'm a partner in the Roaring Springs Water Park across the street and we approached the owners of this property to purchase it from them. We feel it would be an ideal location for an RV Park, not only because of its close proximity to the family water park, but its close proximity to the freeway. It has close proximity to other services, fuel, restaurants. It's very easy to look at the multiplier effect. Any time you can get a family to stop and spend the night in a community they say that they'll • Meridian City Council Meeting December 15, 1998 Page 36 spend over $140.00 by the time they leave the next day in that community. So we think it's a great addition to the hotels and motels that are out there right now by having an RV Park. The closest one is I guess would be considered the Playground RV Park. Although this one so close to the freeway and other services, I think it would be a great use for the people to use it and a great benefit to the entire City of Meridian and those people who like and have built their business around servicing the traveler. The property adjacent to it, the Ro-Ho Enterprises, is also approximately 7 acres, and it's currently in the city zoned C-G and we feel like having this property with the same exact depth and approximately same frontage would be a good compliment to at least from a zoning standpoint to the interstate business park across the street and the Ro-Ho Enterprises adjacent to the east. I would be happy to answer any questions any of you might have about our interest in that piece of property and also how it might tie into other services that are out in that area. Corrie: Questions of Bob? Rountree: I guess I just have a comment that whatever the action the council takes on that parcel now or in the future would not necessarily imply or put forth that we're approving an RV Park. Mitchell: Which is understandable. Corrie: Anyone else testimony in favor of the application? BILL MIATT 795 W. OVERLAND ROAD, MERIDIAN Miatt: Now I am the existing homeowner on the corner of Overland and Stoddard that Mr. Scott had just mentioned and I'm also in favor of this process going forward and this rezoning procedure, and I can only feel it would enhance the whole area, and I have no further comment. Corrie: Anyone else testimony in favor of the project? BOB BEEDE 800 W. OVERLAND ROAD, MERIDIAN Beede: I'm just across the street from the property and I would certainly like to see some improvements in that area compared with what exists with Ro-Ho. That's I don't think a good visual entry site to Meridian, and I think that anything that the Council can do to help improve that area would certainly be good. I think it behooves us all, and if I'm going to spend a lot of money on my side of it, then I would like to see the thing continued as well on the other side. Corrie: Anyone else in favor? • • Meridian City Council Meeting December 15, 1998 Page 37 STEVEN TREE, DBSI PROPERTIES, 1070 N. CURTIS, BOISE Tree: We own the property next door to Dr. Beede and across the street from this proposed area, and we are certainly in favor of the annexation as well. Corrie: Anyone else in favor? Okay testimony in opposition to the annexation and zoning? Hearing none, Council any further testimony you want to hear? Questions? Rountree: I have a question of Shari. I can't see the map up there. What are we designated as in the comp plan map? Stiles: This is designated single family residential. Rountree: And Overland is the line? Stiles: Yes. Rountree: South is residential, north is C-G? Stiles: Yes. Rountree: Thank you. Bentley: If Ro-Ho is right next to it; is that correct? And they are on the south side of Overland also. (Inaudible -off the microphone) Bentley: So we have commercial, residential and then transitional? Scott: It's farm ground now. Bentley: I'm asking Shari, please. Is that correct? Stiles: Yes, the Ro-Ho property is designated as existing urban. It was already annexed many years ago. Bentley: As it was then it was annexed in the current configuration. Thank you. Corrie: Any other questions from staff or testimony? Hearing none, I'll entertain a motion to close the hearing. Meridian City Council Meeting December 15, 1998 Page 38 Bird: Mr. Mayor I move we close the public hearing on this annexation by Queenland Acres. Anderson: Motion made and second that we close the public hearing. Any further discussion? Hearing none, all in favor of the motion say aye. MOTION CARRIED: All ayes. Corrie: Council, discussion? Bentley: Mr. Mayor question for Counselor. What is our direction on this as far as either authorizing the comp plan change or having to have to apply for it or waiting out the time frame for the comp plan to be changed in its entirety? Gigray: Mr. Mayor and Councilman Bentley, members of the Council, in my opinion an individual can file an application for a comprehensive plan change whenever they wish to. That would then be received by the Planning and Zoning Commission. One of the concerns that I'm sure the administrative staff has and the Planning and Zoning Commission may have is there's a limit by state law that the Planning and Zoning Commission can only recommend a comprehensive planning change once every six months. Maybe one of the cautionary that was given in this instance was some concern with the fact that the city is updating its comp plan and that a process of a comp plan change might somehow pose a problem to that recommendation coming timely to the Council. I don't know, but that is a state statute that operates in that (inaudible) Bentley: Okay, thank you. Corrie: Any further discussion? Council, you can do one of four things. You can continue the hearing, accept the recommendation from the Planning and Zoning, modify those conditions, or deny the application which is the recommendation of the Planning and Zoning. Bentley: Mr. Mayor I'm going to move that we accept the recommendation of the Planning and Zoning Commission and deny the annexation and zoning request by the applicant. Anderson: I would second that. Corrie: Motion is made by Mr. Bentley second by Mr. Anderson to accept the recommendation of the Planning and Zoning and deny the application request for annexation and rezoning. Meridian City Council Meeting December 15, 1998 Page 39 Bentley: Mr. Mayor, although I do agree that this area will probably wind up being commercial and the changes made would definitely benefit the area. It's kind of rough to make these changes now and then jeopardize as the Counselor the legal time limits that we're under for making changes. We are planning on doing the entire plan and updating it and you know it just cuts into the time frame of that, so that's the only problem I see with what's being requested. Corrie: Any further discussion? Rountree: Mr. Mayor question one do we need findings? Gigray: Mr. Mayor, Councilman Rountree, based on this motion I would come back with Findings and Conclusions with conformance with that motion. That gives me the directive I need and that would be at your next Council meeting. Rountree: And my comment on this particular request would be that it seems in the comp plan amendment we could accommodate the requests of the Starks (sic) in terms of identifying this area as commercial. The next question would be the annexation aspect of it. And I don't know what the status of some of the clean up small parcel annexation activities that we may end up with as a result of the comp plan amendment process, but I suspect there will be some isolated parcels that we want to annex. In that process as well possibly we could accommodate their request there and I guess they got good direction, but they've spent their money for hearing in the process and haven't gotten anything out of it. Not necessarily because we object, because of the rules that we've got to comply with, and I would like us to consider that in the future on our actions with the comp plan. Corrie: I think all your requests would be what you're asking for. (Inaudible) Corrie: I think ultimately what your request is going to be will probably be given to you in the comp plan change, so that you'll have that buffer, but right now we can't do it because of the comp plan. (Inaudible) Corrie: Possibly. Somewhere in there, but I imagine there won't be anything done to that land anyway until that time. Gigray: Point of clarification Mr. Mayor, members of the Council, I would just seek to clarify that any applicant if they wish to make an application can make that application • • MERIDIAN CITY COUNCIL MEETING: JANUARY 5. 1999 APPLICANT: QUEENLAND ACRES ITEM NUMBER: 14 REQUEST: ANNEXATION AND ZONING OF 7.30 ACRES AGENCY COMMENTS CITY CLERK: ~,.)~Q- r!~~C.~'~`'~c.~% ~ ~'~~ 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: ~j ADA COUNTY HIGHWAY DISTRICT: 'I ~~ ADA COUNTY STREET NAME COMMITTEE: (~ ~v CENTRAL DISTRICT HEALTH: C NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. • • Meridian City Council Meeting December 15, 1998 Page 34 MOTION CARRIED: All ayes. 12. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 7.30 ACRES BY QUEENLAND ACRES, INC. -'/4 MILE WEST OF OVERLAND FROM MERIDIAN-KUNA ROAD SOUTH SIDE BORDERING WEST SIDE OF RO-HO ENT.: Corrie: At this time I'll open the public hearing and have staff comments, report. Stiles: Mr. Mayor and Council, this is for almost 7 % acres directly across the street from where the Roaring Springs Water Park would be developed. Although there are obviously changes in the area that would probably support a comprehensive plan change for that area, it is currently designation as single family residential at this time. Therefore since the request is not in accordance with the comprehensive plan, it could not be approved. I would like legal counsel to clarify whether the council should deny it or defer action on it until the comprehensive plan is done. The Comprehensive Plan update, if it's a possibility to defer it for that length of time or if it is what the council should just deny. Gigray: Mr. Mayor and members of the Council and Madame Administrator, essential question on any annexation and zoning designation particularly you have to make a finding that the application is in conformance with the comp plan. That's a question of fact that you address in your findings, and the recommendation you have before you from Planning and Zoning says that it is not. Obviously you'll hear testimony on this issue. If ultimately it's not in conformance with the comp plan then what the applicant has to do unless they would challenge your action would be then come back and make an application to amend the comp plan to accommodate what they propose to do. I don't think we can hold this long enough. I think there's a 70 day limit in our ordinance for tabling that would allow you process a comp plan change in the same time period. Corrie: Council have any questions on the Counselor's explanation? Rountree: No. Bird: I have none. Bentley: No. Corrie: Thank you Counselor. Mr. Smith any comments? Smith: I have no comments, Mr. Mayor. • • Meridian City Council Meeting December 15, 1998 Page 35 Corrie: At this time I'll open the public hearing and the applicant step forward please. THERON SCOTT 670 W. VICTORY ROAD, MERIDIAN Scott: We realize that it's zoned R-1 and when I went before the Planning and Zoning I brought up the subject of maybe going in and getting it changed through the Comprehensive Plan and they didn't want me to. They didn't want a small parcel coming in while they're in the process of their new plan. So they said they would just turn me down and send me over here. And what we have got in mind is we own all the property from Ro-Ho Enterprise through to Stoddard. We own all the houses in there. And we want an 1/8 of a mile buffer zone commercial between there and where we plan to do a housing development south through to Victory Road, but we would like this 1/8 mile to be a commercial zone. When Ada County widens the road, they're going to take 23 to 24 foot of the road on our side. We'll put out houses within 25 to 30 feet of the road, which is too close for safety and what we would like to do is have this 1/8 of a mile buffer zone between Overland Road, which is going to be a commercial road and then have housing which would be okay the line would be where Elk Run starts. Then we want to go clear across to Stoddard Road with an 1/8 of a mile for commercial on Overland Road and alleviate these houses. We own all -well we don't own all of them. We lose one. The one on the corner we don't own, but I'm quite sure that he would go along too. But that's our plan, and that's why we came before you because the people that are putting in Roaring Springs, they are interested in buying this 7 %Z acres to put in a RV park to support Roaring Springs and of course it would support Boondocks too, and that's why we're here before you because that's the process. Corrie: Any questions? Bentley: I have none. Bird: I have none. Corrie: Okay, thank you. Anyone else from the public who would like to issue testimony in favor? BOB MITCHELL 4642 N. ZIMMERY PLACE, BOISE Mitchell: I'd like to speak in favor of the annexation and zoning of this piece of property. I would let you know that I'm a partner in the Roaring Springs Water Park across the street and we approached the owners of this property to purchase it from them. We feel it would be an ideal location for an RV Park, not only because of its close proximity to the family water park, but its close proximity to the freeway. It has close proximity to other services, fuel, restaurants. It's very easy to look at the multiplier effect. Any time you can get a family to stop and spend the night in a community they say that they'll • Meridian City Council Meeting December 15, 1998 Page 36 spend over $140.00 by the time they leave the next day in that community. So we think it's a great addition to the hotels and motels that are out there right now by having an RV Park. The closest one is I guess would be considered the Playground RV Park. Although this one so close to the freeway and other services, I think it would be a great use for the people to use it and a great benefit to the entire City of Meridian and those people who like and have built their business around servicing the traveler. The property adjacent to it, the Ro-Ho Enterprises, is also approximately 7 acres, and it's currently in the city zoned C-G and we feel like having this property with the same exact depth and approximately same frontage would be a good compliment to at least from a zoning standpoint to the interstate business park across the street and the Ro-Ho Enterprises adjacent to the east. I would be happy to answer any questions any of you might have about our interest in that piece of property and also how it might tie into other services that are out in that area. Corrie: Questions of Bob? Rountree: I guess I just have a comment that whatever the action the council takes on that parcel now or in the future would not necessarily imply or put forth that we're approving an RV Park. Mitchell: Which is understandable. Corrie: Anyone else testimony in favor of the application? BILL MIATT 795 W. OVERLAND ROAD, MERIDIAN Miatt: Now I am the existing homeowner on the corner of Overland and Stoddard that Mr. Scott had just mentioned and I'm also in favor of this process going forward and this rezoning procedure, and I can only feel it would enhance the whole area, and I have no further comment. Corrie: Anyone else testimony in favor of the project? BOB BEEDE 800 W. OVERLAND ROAD, MERIDIAN Beede: I'm just across the street from the property and I would certainly like to see some improvements in that area compared with what exists with Ro-Ho. That's I don't think a good visual entry site to Meridian, and I think that anything that the Council can do to help improve that area would certainly be good. I think it behooves us all, and if I'm going to spend a lot of money on my side of it, then I would like to see the thing continued as well on the other side. Corrie: Anyone else in favor? • • Meridian City Council Meeting December 15, 1998 Page 37 STEVEN TREE, DBSI PROPERTIES, 1070 N. CURTIS, BOISE Tree: We own the property next door to Dr. Beede and across the street from this proposed area, and we are certainly in favor of the annexation as well. Corrie: Anyone else in favor? Okay testimony in opposition to the annexation and zoning? Hearing none, Council any further testimony you want to hear? Questions? Rountree: I have a question of Shari. I can't see the map up there. What are we designated as in the comp plan map? Stiles: This is designated single family residential. Rountree: And Overland is the line? Stiles: Yes. Rountree: South is residential, north is C-G? Stiles: Yes. Rountree: Thank you. Bentley: If Ro-Ho is right next to it; is that correct? And they are on the south side of Overland also. (Inaudible -off the microphone) Bentley: So we have commercial, residential and then transitional? Scott: It's farm ground now. Bentley: I'm asking Shari, please. Is that correct? Stiles: Yes, the Ro-Ho property is designated as existing urban. It was already annexed many years ago. Bentley: As it was then it was annexed in the current configuration. Thank you. Corrie: Any other questions from staff or testimony? Hearing none, I'll entertain a motion to close the hearing. i • Meridian City Council Meeting December 15, 1998 Page 38 Bird: Mr. Mayor I move we close the public hearing on this annexation by Queenland Acres. Anderson: Motion made and second that we close the public hearing. Any further discussion? Hearing none, all in favor of the motion say aye. MOTION CARRIED: All ayes. Corrie: Council, discussion? Bentley: Mr. Mayor question for Counselor. What is our direction on this as far as either authorizing the comp plan change or having to have to apply for it or waiting out the time frame for the comp plan to be changed in its entirety? Gigray: Mr. Mayor and Councilman Bentley, members of the Council, in my opinion an individual can file an application for a comprehensive plan change whenever they wish to. That would then be received by the Planning and Zoning Commission. One of the concerns that I'm sure the administrative staff has and the Planning and Zoning Commission may have is there's a limit by state law that the Planning and Zoning Commission can only recommend a comprehensive planning change once every six months. Maybe one of the cautionary that was given in this instance was some concern with the fact that the city is updating its comp plan and that a process of a comp plan change might somehow pose a problem to that recommendation coming timely to the Council. I don't know, but that is a state statute that operates in that (inaudible) Bentley: Okay, thank you. Corrie: Any further discussion? Council, you can do one of four things. You can continue the hearing, accept the recommendation from the Planning and Zoning, modify those conditions, or deny the application which is the recommendation of the Planning and Zoning. Bentley: Mr. Mayor I'm going to move that we accept the recommendation of the Planning and Zoning Commission and deny the annexation and zoning request by the applicant. Anderson: I would second that. Corrie: Motion is made by Mr. Bentley second by Mr. Anderson to accept the recommendation of the Planning and Zoning and deny the application request for annexation and rezoning. • Meridian City Council Meeting December 15, 1998 Page 39 Bentley: Mr. Mayor, although I do agree that this area will probably wind up being commercial and the changes made would definitely benefit the area. It's kind of rough to make these changes now and then jeopardize as the Counselor the legal time limits that we're under for making changes. We are planning on doing the entire plan and updating it and you know it just cuts into the time frame of that, so that's the only problem I see with what's being requested. Corrie: Any further discussion? Rountree: Mr. Mayor question one do we need findings? Gigray: Mr. Mayor, Councilman Rountree, based on this motion I would come back with Findings and Conclusions with conformance with that motion. That gives me the directive I need and that would be at your next Council meeting. Rountree: And my comment on this particular request would be that it seems in the comp plan amendment we could accommodate the requests of the Starks (sic) in terms of identifying this area as commercial. The next question would be the annexation aspect of it. And I don't know what the status of some of the clean up small parcel annexation activities that we may end up with as a result of the comp plan amendment process, but I suspect there will be some isolated parcels that we want to annex. In that process as well possibly we could accommodate their request there and I guess they got good direction, but they've spent their money for hearing in the process and haven't gotten anything out of it. Not necessarily because we object, because of the rules that we've got to comply with, and I would like us to consider that in the future on our actions with the comp plan. Corrie: I think all your requests would be what you're asking for. (Inaudible) Corrie: I think ultimately what your request is going to be will probably be given to you in the comp plan change, so that you'll have that buffer, but right now we can't do it because of the comp plan. (Inaudible) Corrie: Possibly. Somewhere in there, but I imagine there won't be anything done to that land anyway until that time. Gigray: Point of clarification Mr. Mayor, members of the Council, I would just seek to clarify that any applicant if they wish to make an application can make that application • CJ MERIDIAN CITY COUNCIL MEETING: DECEMBER 15. 1998 APPLICANT: ANNEXATfON 8~ ZONING OF 7.30 ACRES ITEM NUMBER: 12 REQUEST: QUEENLAND ACRES. INC. 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: COMMENTS SEE ATTACHED MINUTES FROM P & Z SEE ATTACHED P & Z PACKET SEE ATTACHED RECOMMENDATION FROM P&Z ~" G" ~~' , ~~ (~ L~ /Y'" ,Vv ,~ ~ J G~" G ADA COUNTY STREET NAME COMMITTEE: Q ~'" ~~ f ~~ CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: - r r ~~ ,~ ~~ ~~~ ~ n ~' ~~ ~I, `_I l~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. • • Meridian Planning ~ Zoning Commission November 10, 1998 Page 46 De Weerd: Just to amend it to add to it. Rossman: Yeah I think as stated the motion was to continue it on the issue represented by Commissioner Smith with the addition that the applicant and staff be prepared to report on the compatibility of this application with the L-O zone at the next hearing or an alternative zone under the Meridian City Code or Planning and Zoning ordinance. Smith: That's correct. That's what I would like the motion to state. MacCoy: Okay we've got a second. De Weerd: That is what I seconded. MacCoy: Everybody in favor or what is the vote? MOTION CARRIED: All ayes. MacCoy: It's about 17 after 9:00. We're going to take a break for about ten minutes and we'll be back. You can do the same thing. MacCoy: Okay we're going to reconvene our meeting. ITEM NO. 12: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 7.30 ACRES BY QUEENLAND ACRES, INC. -'/. MILE WEST OF OVERLAND FROM MERIDIAN-KUNA ROAD SOUTH SIDE BORDERING WEST SIDE OF RO-HO ENT: MacCoy: Staff? We're on item 12. Stiles: Mr. Chairman, Commissioners, we received this request for annexation and zoning on a piece of property that's designated as a single family residential area in the comprehensive plan. We are in the process of amended that comprehensive plan. However I think as part of our ordinance in Section 11-2-416D 2, if a zoning amendment application requires an amendment to the Meridian Comprehensive Plan, no action should be taken on the zoning amendment until that comprehensive plan change is made. I realize there are changes in the area that may make a commercial designation appropriate. The applicant was informed of the requirement for the comprehensive plan change to take place prior to the annexation and zoning of this property to C-G as well as his representative. Having not had come up against this before since our ordinance does say no action will be taken. Is it possible to defer this for eighteen months? Or until our comprehensive plan is actually changed? The applicant is welcome to submit a request for amendment to the comprehensive plan. However sine we are in the process of going through the entire process for the entire area of impact, I would prefer that no action be taken. or comp plan change amendment be considered until we have • Meridian Planning & Zoning Commission November 10, 1998 Page 47 our consultant on line and are going through the public hearing process for the entire plan. MacCoy: That's going to be sometime you're right. It's going to be a year to eighteen months. We're just getting that started. So you're saying we're on a stop situation right now on this one. Stiles: That's the way I read the state code and the zoning ordinance. MacCoy: How do you want to handle this? Do we table it now or do you want - do you have any questions? Rossman: If I may offer my two cents worth. I don't believe as Shari indicated, it's going to take considerable period of time for an amendment to the comprehensive plan and there isn't any ambiguity in the state law or the Meridian ordinance provision 11-2- 416 2. The Planning and Zoning Commission really can't take any action on this thing so rather than just tabling it perhaps perpetually, the appropriate manner to proceed would probably be to deny the application as in consistent with the Meridian Comprehensive Plan until it's amended. MacCoy: 1 think you're probably right. In fact I know you're right. Rossman: I don't see any other way around it. MacCoy: All right Commissioners, I want a motion. Nelson: Do we need to let the applicant - Rossman: This is a public hearing. Nelson: This is a public hearing. We haven't given the publican opportunity. MacCoy: I want to ask the Counsel on a case like this, we're in a position where it's like null and void I think. I want to find out. Counsel? Since we are on a public hearing to hear this is not going to be worth anything so what's our procedure at this point now. I'm really lost as to how you want to handle this. Rossman: It's a matter of law. There's no factual testimony that could change the law in this case or the ordinance or state law, so I don't see any need for a public hearing or that the hearing even be opened. Just be denied as a matter of law. MacCoy: So can I just have a motion from our Commissioners and we'll go through it that way. ~ ~ Meridian Planning 8~ Zoning Commission November 10; 1998 Page 48 Rosman: Unless the applicant, I guess you could open it and I guess the applicant can enlighten us as to some way that the City Council some legal position that the City Council -Planning and Zoning Commission or the City Council could act on this particular application short of an amendment to the Comprehensive Plan. I don't know if the applicant is prepared to do that or not. MacCoy: Are you recommending we open the public hearing? Rosman: You might as well open it so that - I'm vacillating here. You might as well open it so that the applicant can say their two cents worth and certainly if they have some legal precedent that would support their position, we can certainly review that, but they should be given that opportunity. MacCoy: All right, based on our attorney's viewpoint, I will open the public hearing. Is the applicant here this evening? Would you come forward and be sworn in please? THERON SCOTT WAS SWORN BY THE ATTORNEY. Rosman: Now without testifying really about why this would be -why from a factual perspective this application should be approved, do you have anything any legal position or is there any legal argument that you want to put on the record that would indicate how this commission can act on this application? Scott: No, just that everything around there is already zoned commercial. Rosman: And that may be. Scott: And then on the corner of Linder and Overland, you've got on that's zoned commercial on the south side of the road, and we own all the houses except one that's on Overland Road. And we intend to turn that whole 7/8 mile buffer zone into commercial to keep it away from the housing. Rosman: And that maybe, but do you understand that the appropriate procedure is - Scott: I've got to go through the other process first. Rosman: That's correct. Borup: I don't know that you have to go through the process. Are you familiar with the zoning map and the comprehensive plan map and what it designates there? Scott: Yeah, but I understand that that can be amended. Meridian Planning 8~ Zoning Commission November 10, 1998 Page 49 Borup: Well Ms. Stiles stated that the City is already in the process of starting on that, so probably a good recommendation would be for you to get involved with that part of the comprehensive plan and do some input at the proper time when the testimony be available. Scott: How do you find out about that? Borup: Well it'll be announced. I don't think there's definite -there is not definite dates at this point. It's a long process as already stated. Scott: In other words, there's no way to change the Comprehensive Plan? Borup: Yes. Scott: I understood that there was a process. Why can't I go through that? Borup: Shari would you like to enlighten that? There's not a process that one individual can do on their own is there for one comprehensive plan? Stiles: Anyone can submit an application for an amendment to a comprehensive plan. It's probably not likely and I certainly wouldn't recommend that it be done for one property. You can change the Comprehensive Plan once every six months. We have had other requests for changes to the Comprehensive Plan just falling short of actually applying for the change because it is a costly application. We've got a lot of public hearings, a lot of notifications and changes to the text and to the map. Like I say he's welcome to submit an amendment application to the Comprehensive Plan. I just don't know how successful it would be or whether it would be appropriate for one piece of property. Borup: Do we have time frame at this point on the revisions? Stiles: We are getting statements of qualifications from interested planners that should be submitted by the 20th of this month. Hope to have them under contract by next month. Then we'll start with some of the focus groups for the different areas of the Comprehensive Plan, land use, transportation, all of those different areas that are identified in the Comprehensive Plan and once they make their recommendations, then we will start the public hearings and get input from the rest of -anybody that's interested and bring it before P & Z and go through City Council. But even the process for the Mr. Scott to go through it, you'd be talking at least the six months to even go through the minimum process. Borup: The City's process you're probably talking six to nine months at least? Meridian Planning ~ Zoning Commission November 10, 1998 Page 50 Stiles: Probably closer to because are talking a pretty extensive update and really want to focus on some of the issues particularly this map. We'd be looking more at a year to eighteen months. Nelson: And I would submit that it would be detrimental to have a process within a process of changing the process. I think it might be effective for you to participate in that process than try to start your own. Scott: Well, I agree there. The only think I'm looking at is we've got all of it north of Overland Road and Overland Road is going to be a commercial road, and what we're thinking is we want to get rid of the houses, because when they widen the road, those houses are going to be anywhere from 25 to 30 feet from the road anyhow, which is detrimental, and we want to go through and put an 1/8 of a mile buffer zone between Overland and where housing will be put in. Borup: Are you planning on doing that in the next six months? Scott: No, no. We got somebody -the people that are putting in whitewater want to put an RV park on this particular piece of ground. Borup: Okay, so you've got a purpose for this right now then. Scott: That's what they told us, because they want an RV park close to support Water World or what is it? Where they go drown each other, but that is what we understand is they want to put in an RV park in this area. But with this comprehensive plan we got a problem. Smith: Eric, was I to understand you correctly that you said when the comp plan itself is already in the process of being updated, that we can't go through another comp plan revision? Rosman: Planning and Zoning Commission go through a comp plan revision? Smith: Right on this particular project. Rosman: He can certainly apply for it. I don't know and there's nothing that would prevent City Council from granting it. It's just a question of whether they would deem that advisable at the particular time for one piece of property to change the comprehensive plan for one particular property when they're in the process of reviewing the entire area. Smith: So it's not just -there's no legal - (End of Tape) Meridian Planning & Zoning Commission November 10, 1998 Page 51 Smith:... to be able to do that. Rossman: No, he could certainly do that and on this application I mean this isn't final action. You're entitled to another public hearing before the City Council and maybe if you go up there and raise your position. Scott: Whine real loud. Rossman: Whine real loud, maybe that will spur them on. I don't know. From a legal perspective those are your rights. You can either continue this application up to the City Council and raise your comments to them. Although their hands are going to be tied as much as the Commission's is. Borup: Continue it or appeal it? Rossman: This is annexation request. My understanding is there is just a recommendation to City Council and there's another public hearing. Borup: But we have nothing to recommend to City Council. Rossman: Recommend denial of the application. Unless you want to table this thing perpetually and I'm not sure that's the appropriate way to go. Once you deny an application, there's no precedential effect. There's no prejudice involved. He can always refile his application later. Borup: Well in this case it might be a benefit to deny it and then you can have your hearing before City Council, which would be better than us. Scott: In other words you deny it and then I go before the City Council and - Smith: We recommend denial. It's just a recommendation. MacCoy: And then it goes to them anyway. Scott: Go to them anyhow. Then I could go and approach them. Rossman: Not that their hands are going to be any less tied than the Commission's. Scott: Well I understand that. But I hate to give up. Rossman; Well they are really the people that really are holding the strings on this particular matter and you know these type -Comprehensive Plan amendments, they take time. There's no question about it. Meridian Planning 8 Zoning Commission November 10, 1998 Page 52 Scott: I understand that, but I don't want to give up. Rossman: So you are certainly entitled to do that. Scott: If this is denied here, and it goes to the City Council, do we have a meeting and all of the good stuff there too? MacCoy: That's right. You come before the City Council and make your statement. Scott: Okay I'll try it. I've got nothing to lose. MacCoy: All right we'll do that for you then. Scott: I got nothing to lose. MacCoy: No, you haven't. Scott: Thank you. MacCoy: All right Commissioners, what is the statement here? Smith: Mr. Chairman I would like to make a motion to close this public hearing. Rossman: Perhaps we should ask if there is anyone else who - (Inaudible) MacCoy: Well I can do that. Rossman: You might as well if you're going to open the public hearing. On the legal issues only. MacCoy: Is there anyone here for this item? If they are, they can come forward. If not is there anybody against this item that they want to come forward. I guess we don't have anybody. Back to you Commissioners. Smith: Mr. Chairman, I would like to make a motion to close this public hearing. De Weerd: Second. MacCoy: All in favor? A • Meridian Planning 8~ Zoning Commission November 10, 1998 Page 53 MOTION CARRIED: All ayes. Smith: Mr. Chairman I would like to make a motion that we recommend denial of this application for annexation and zoning to the City Council. Nelson: Second. MacCoy: All in favor? MOTION CARRIED: All ayes. MacCoy: Just a matter of note to the Commissioners, when we start into this process this next year all of you are going to be involved in this material as to when we get through all this work so you're going to know inside and out. ITEM NO. 13: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR A RETAIL CARPET STORE BY CLAY HARTZ d/b/a FASHION FLOORS AND INTERIORS -126 KING STREET: MacCoy: Staff any comments? Item 13. Stiles: Commissioner Chairman, commissioners we have reviewed the application and submitted our comments. Everything is pretty standard as far as the comments. Ordinance requirements, I guess I would like to hear from the applicants if they have any objections to any of those comments or to Ada County Highway District that I don't believe we have in our packet. MacCoy: Is that it? Stiles: We have been by the property, I don't think it's an inappropriate use for what is surrounding the area, but it is in old town so it requires a conditional use permit. Ada County Highway District does have quite an expanse of right of-way in front of this property and it's an unimproved right-of--way. There is also as you can see from the site plan, there is a ditch running along the property within the right-of--way. We would still ask that a sidewalk be located along the frontage of this property, and that coordination with Ada County Highway District take place to allow that to happen. If the changes that. are requested are made, I would recommend approval of the project. MacCoy: Bruce do you have anything? Bruce hasn't anything. Okay, is the applicant here? Would you please come forward and be sworn in. CLAY HARTZ, 1700 N. LORRELL, BOISE, ID. WAS SWORN IN BY THE ATTORNEY. ~ ~ MERIDIAN PLANNING AND ZONING MEETING: November 10, 1998 APPLICANT: QUEENLAND ACRES, INC ITEM NUMBER: 12 REQUEST: ANNEXATION 8~ ZONING OF 7.30 ACRES AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: SEE ATTACHED COMMENT SEE ATTACHED COMMENT SEE ATTACHED COMMENT CITY FIRE DEPT: SEE ATTACHED COMMENT 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: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: SEE ATTACHED COMMENT SEE ATTACHED COMMENT SEE ATTACHED COMMENT SEE ATTACHED COMMENT n ~~" Y~~ ~~ ~~ Ls OTHER: Al~l},Materials presented at public meetings shall become property of the City of Meridian. {.~ 14 ~4 HUB OF TREASURE VA Mayor ROBERT D. CORRIE LLEY A GOOd PIaCa t0 Llve LEGAL DEPARTMENT o n ~~ M me rs CITY OF MERIDIAN (208) 884-4264 PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY RON ANDERSON MERIDIAN, IDAHO 83 Phone (208) 888-4433 • Fax (208) ~'BE"` ~ -L'1D ~ ~'zos> 88~-22 i i PLANNING AND ZONING KEITH BIRD 1 DEPARTMENT SEP 2 5 1998 c2os>8a4-ss33 CITY OF MERIDIAN 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: November 3, 1998 TRANSMITTAL DATE: September 23, 1998 HEARING DATE: November 10. 1998 REQUEST: ANNEXATION AND_R_EZONE FOR 7.30 ACRES BY: QUEENLAND ACRES, INC. LOCATION OF PROPERTY OR PROJECT: '/ MILE WEST OF OVERLAND FROM MERIDIAN-KUNA RD, SOUTH SIDE BORDERING WEST SIDE OF RO-HO ENT TAMMY DE WEERD P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) MARK NELSON, P/Z ADA COUNTY HIGHWAY DISTRICT _BYRON SMITH, P/Z ADA PLANNING ASSOCIATION -,KEITH BORUP, P/Z .CENTRAL DISTRICT HEALTH ROBERT CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RON ANDERSON, C/C SETTLERS IRRIGATION DISTRICT -CHARLIE ROUNTREE, C/C -KEITH BIRD, C/C -GLENN BENTLEY, C/C -WATER DEPARTMENT -SEWER DEPARTMENT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL} IDAHO TRANSPORTATION DEPARTMENT -BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT ADA COUNTY (ANN ION) YOUR CONCISE REMARKS: -CITY ATTORNEY -CITY ENGINEER -CITY PLANNER CITY FILES HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live Council Members CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83 RON ANDERSON Phone (208) 888-4433 • Fax (208) ~r1~E~l~ KEITH BIRDE ~ ''VV SEP 2 5 1998 Ci ~`~ ®F 1t~E~I~1I~r LEGAL DEPARTMENT (208> ss4-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208)884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: November 3, 1998 TRANSMITTAL DATE: September 23, 1998 HEARING DATE: November 10, 1998 REQUEST: ANNEXATION AND REZONE FOR 7.30 ACRES BY: QUEENLAND ACRES. INC. LOCATION OF PROPERTY OR PROJECT: '/4 MILE WEST OF OVERLAND FROM MERIDIAN-KUNA RD SOUTH SIDE BORDERING WEST SIDE OF RO-HO ENT. _ TAMMY DE WEERD P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _~CEITH BIRD, C/C GLENN BENTLEY, C/C '-WATER DEPARTMENT SEWER DEPARTMENT _BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER _CITY PLANNER CITY FILES 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] IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION)` ~` YOUR CONCISE REMARKS: ~` ~ J '" ~O f`d ~-~-~-- w ; ~ i s e -~ ~~~-` ~~~ HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live Council Members CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON hone (208) 888-4433 • Fax (208) 887-4813 ~~~~~~~~ KEITH BIRD S E P 2 4 1998 ~Reri~ian city Water SuFerintendent LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208)884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: November 3, 1998 TRANSMITTAL DATE: September 23, 1998 HEARING DATE: November 10, 1998 REQUEST: ANNEXATION AND REZONE FOR 7.30 ACRES _ BY: QUEENLAND ACRES. INC. LOCATION OF PROPERTY OR PROJECT: '/4 MILE WEST OF OVERLAND FROM MERIDIAN-KUNA RD SOUTH SIDE BORDERING WEST SIDE OF RO-HO ENT. _ TAMMY DE WEERD P2 MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P2 KEITH BORUP, P2 ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORN EY CITY ENGINEER CITY PLANNER CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8< FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) U.S. WEST(PRELIM 8< FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) cE~'.~ S E P 2 5 1998 CITY OF MERIDIAN U'UCC~ 1~ ~c~n~ SUSAN S. EASTLAKE, President GARY E. RICHARDSON, Vice President SHERRY R. HUGER, Secretary October 22, 1998 TO: Theron G. Scott & Carol Lotspeich 670 West Victory Rd. Meridian, ID 83642 FROM: Steve Arnold, Senior Analyst Planning & Development Division SUBJECT: MA-09-98/MRZ-03-98 Overland Road Rezone & Annexation Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on October 21, 1998. The attached staff report lists conditions of approval and street improvements which are required. If you have any questions, please feel free to call me at 387-6170. SA cc: Plan&Dev Svcs-chron/file John Edney Chuck Rinaldi Civil Survey Consultants (PO Box 39, Meridian, ID 83642) City of Meridian ada county highway district 318 East 37th • Boise, Idaho 83714-6418 Phone (208) 387-6100 • FAX (208) 345-7650 • E-mail: tellusQachd.ada.id.us ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report MA-09-98/MRZ-03-98 Overland Rd, w/o Meridian Rd Rezone & annexation The applicant is requesting rezone approval from RT to CG and annexation into the City of Meridian. The 7.3-acre site is located on the south side of Overland Road, approximately 1/4 mile west Meridian Road. This development is estimated to generate up to 2,000 additional vehicle trips per day depending on the type of use based on the Institute of Transportation Engineers Trip Generation manual. Roads impacted by this development: Overland Road ACHD Commission Date -October 21, 1998 - 12:00 p.m. W ~-- Cn ~ICIN/TY M•4P ANNEXATION AND REZONE REQUEST ,1 PART OF INE NE 1/~ OF THE NE 1/•~ OF SECTION 1.3 TnwNSN/P J NORTN, RANG£ T W~5'T, BC/SE ~/ER/O/.w, AL7.4 COUNTY, /0.4H0. . ~' I .t ..' ~ Ip:~ '. .ta° I .i ~ i 1 1, K ~' ~ .. .. .. I , ' S I ~ r 1 .:,,.-:,:: .::i--: ::Yr< 2 ~ ~~ R ,. . . ~- i 1 x Ie , ..,.•,.ec 1 ~:n..al.i s„aa. ici. 1 ~ 1 I• } - - 1, ~ ~ r.^°:aa•c anon:: 1 1 ~I • . _ _ o .1 , -t 1•. .. -~ •' s. plnuao • ~• •ae...y r . .._ l9~ ~ •1 :lwwa:: ' • II ~ Qu~FNLANp ACRES ~ A_ NN~XAT'~ apt! ~~Zi~l~~ • ~ ~~. . ~~ k (~ ~~ ~:;..._ ~~ •' '~ ~ `~` .: ~-~ i i~l (~_~ ~`~ /'~ .. - -- i . , ~ ~, ~ ~... I ~,~ A i 1 _ )10 is rG:it 1 .::1 ••n:: i 5 1 ~~ 1 ~ ••lc:i+aar 1 ~ ~ r, 1 ~ O ~LLI\ ~\. I. ' I. I. I i J I . t •il:llfo 1 ::il!}O.II ~ I .1 ....:aK••1 •:111rK'7 .I •:ai•.•Oi ~~ 1 I I ••• ~~.. ~~ ao I I .. 1 ...•r: I. ~ ~.~~ ..lrsa+c a. ~ i'e' ~ ~ ~:• ~ . .::: nlex.e: „ r .-::lawri f I > .... l.a:a ~q ~ .:::.•r.:•: ti i fY ...1 ....: ~_ ~j '~I .::i,r,Ga.a i~ ~ ..iii.-l:::a ... . _:,>,• ' I T .i.tatlil• i...a•.<).: i_ •,::.: f0!•t ...IIW. R _ ~' .~ /TF;V /J ~.,~ .:li~alp+~9: ;~: E ~~ :,.; ~ .II E ~ .___ _ ! ~ ~ 1 ~~ nnl•xe J~! ., n^ Ir 1• ` ., i _ ~. ~~ ~ ~1. ~L i RT~.... ~~ c:.u. s9x.rt cottamSU+*~ ~ -.0. 90X 30 1330 M. 3TAT[ S~ • Facts and Findings: A. General Information Owner - Queenland Acres, Inc. Applicant -Theron Scott & Carol Lotspeich RT -Existing zoning CG -Requested zoning 7.3 -Acres 289 -Traffic Analysis Zone (TAZ) West Ada -Impact Fee Benefit Zone Western Cities -Impact Fee Assessment District Overland Road Minor arterial with bike lane designation Traffic count 3,890 on 9/14/95 450-feet of frontage 70-feet existing right-of--way (25-feet south of section line) 96-feet required right-of--way (48-feet from centerline) • Overland Road is improved with 25-feet of pavement with no curb, gutter or sidewalk. B. The site is currently undeveloped. 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. The applicant may construct a 24 to 30-foot wide driveway on Overland Road located approximately 250-feet west of the east property line in alignment with an approved driveway location on the north side of Overland Road (Interstate Center Subdivision). The applicant should be required to pave the driveway its full width and at least 30-feet beyond the edge of pavement of Overland Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. E. District policy requires the applicant to construct 5-foot wide concrete sidewalk on Overland Road abutting the parcel located 2-feet within the new right-of--way line. Coordinate the location and elevation of the sidewalk with District staff. F. In accordance with District policy, stub streets to the undeveloped parcels abutting this site may be required upon review of a future application for this site. G. As required by District policy, restrictions on the width, number and locations of driveways, may be placed on future development of this parcel. MA0998.COM Page 2 • . H. Staff anticipate that the existing transportation system will be adequate to accommodate the additional traffic generated by this proposed development with the requirements outlined within this report. However, the current APA model does not assume a major commercial development on this site. The proposal could generate as much as 2,000 additional daily vehicle trips. Depending upon the level and type of development proposed, and the forecast traffic volumes may exceed the capacity of the roadway. A traffic study may be needed for any proposed development on this site. If the rezone 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: 1. 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. 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 ACRD Ordinance #188. 2. Construct a 24 to 30-foot wide driveway on Overland Road located approximately 250-feet west of the east property line in alignment with an approved driveway location on the north side of Overland Road. Pave the driveway its full width and at least 30-feet beyond the edge of pavement of Overland Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. 3. Construct a 5-foot wide concrete sidewalk on Overland Road abutting the parcel located 2-feet within the new right-of--way line. 4. In accordance with District policy, stub streets to the undeveloped parcels abutting this site may be required upon review of a future application for this site. 5. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 6. Other than the access point specifically approved with this application, direct lot or parcel access to Overland 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 re4u_est hs all s i ~ ally id n i each requirement to be reconsidered and include a written ex}~lanation of ~x~hy such a requirement would result in a substantial hardshi on r ine4uity. The written MA0998.COM Page 3 • • r~uest shall be submitted o 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 two weeks of the action and shall include a minimum fee of $110.00. The request for reconsideration shall data that way not available to the Commission at the time o it original decision The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. 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. 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. MA0998.COM Page 4 Conclusion of Law:. ACHD re uirements are intended to assure that the proposed use/developme ~i hin the v is nity 1. q undue burden on the existing vehicular and pedestrian transportation sy impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. mate of Cc~lllili~~'^" Action' c ~ b,.,;rtP~i bv' 1 n..r.,hPr 7 ~ 1998 _ L Tom,,..... ~~/Tlnva Q7r11 Ptt MA0998.COM Page 5 ... _ _ I I ACZ • 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. MA0998.COM Page 5 CENTRAL CENTRAL DISTRICT HEALTH DEPARTMENT •• DISTRICT Environmental Health Division H EA LT H Retuo gorse DEPARTMENT ^ Eagle Rezone # ~,t~i~(A~~a,J A~I~ ~o~~,v~ ^ Garden City ® Meridian Conditional Use # ^ Kuna Preliminary /Final /Short Plat ^ ACZ ~~~ ~~ ~,~~ ~i cr~J' = ~ ~ 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 wilt 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 [DHD 10/91 rrD, rev. 7/91 ~ ~, REcE'~D OCT -6 1998 CITY OF MERIDIAN ~2iux~a. & 71le~cidtaa ~Ivctgat~o~ Dro.~ztct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 RE: Annexation and Rezone for 7.3 Acres - Queenland Acres, Inc. Dear Commissioners: 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, /~~/ "Bill He~on, As er Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln cc: File -Shop File -Office dater SuYerintenuert APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS 40,000 5 October 1998 BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE APPLICATION ) OF QUEENLAND ACRES, INC., 1/4 MILE ) WEST OF OVERLAND FROM MERIDIAN- ) KUNA ROAD SOUTH SIDE BORDERING ) WEST SIDE OF RO-HO ENT., FOR ) ANNEXATION AND ZONING OF 7.30 ACRES,) MERIDIAN, IDAHO ) INTRODUCTION RECOMMENDATION TO CITY COUNCIL The property is approximately 7.30 acres in size. The property is located at 670 West Victory Road, Meridian, Idaho. 2. The owner of record of the subject property is Queenland Acres, Inc., an Idaho corporation located at 670 W. Victory Road, Meridian, Idaho. 3. The Applicants are Theron G. Scott and Carol Lotspeich of 670 W. Victory Road, Meridian, Idaho. 4. The property is presently zoned by Ada County as Rural Transition (RT) and is currently being operated as a farm. 5. The Applicant requests the property be zoned (C-G) General Retail and Service Commercial. 6. The Applicant has requested the annexation and zoning and the application was not initiated at the request of the City of Meridian. 7. The proposed site of the subject property is 1/4 mile west on Overland Road from Meridian-Kung Road, and south of the Interstate Center Subdivision. RECOMMENDATON TO CITY COUNCIL -Page ANNEXATION AND ZONING -- QUEENLANDACRES, INC. (7.30 ACRES) • 8. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 9. The Applicant proposes to develop the subject property commercially. 10. The Applicant's requested zoning of the subject real property as General Retail and Service Commercial (C-G) is inconsistent with the designation of the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single-Family Residential. RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they deny the annexation and zoning as requested by the Applicant for the property described in the application for the following reason: Section 11-2-416D2 of the City of Meridian Zoning and Development Ordinance specifically provides: "If the adoption of a zoning amendment application requires an amendment to the Meridian Comprehensive Plan, the Meridian Comprehensive Plan shall be amended prior to the consideration of the zoning amendment and the procedures provided in Chapter 65, Title 67, Idaho Code, shall be followed on the amendment to the Comprehensive Plan and, until the Comprehensive Plan is amended to allow the zoning amendment, no action will be taken on the zoning amendment." RECOMMENDATON TO CITY COUNCIL -Page 2 ANNEXATION AND ZONING - QUEENLANDACRES, INC. 07.30 ACRES) .-~. oc~no SUSAN S. EASTLAKE, President GARY E. RICHARDSON, Vice President SHERRY R. HUBER, Secretary ~/ ~flll ~G~l~ ~~" October 22, 1998 TO: Theron G. Scott & Carol Lotspeich 670 West Victory Rd. Meridian, ID 83642 FROM: Steve Arnold, Senior Analyst Planning & Development Division SUBJECT: MA-09-98/MRZ-03-98 Rezone & Annexation Overland Road Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on October 21, 1998. The attached staff report lists conditions of approval and street improvements which are required. If you have any questions, please feel free to call me at 387-6170. SA cc: Plan&Dev Svcs-chron/file John Edney Chuck Rinaldi Civil Survey Consultants (PO Box 39, Meridian, ID 83642) City of Meridian ada county highway district 318 East 37th • Boise, Idaho 83714-6418 Phone (208) 387-6100 • FAX (208) 345-7650 • E-mail: tellusQachd.ada.id.us ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report MA-09-98/MRZ-03-98 Overland Rd, w/o Meridian Rd Rezone & annexation The applicant is requesting rezone approval from RT to CG and annexation into the City of Meridian. The 7.3-acre site is located on the south side of Overland Road, approximately 1/4 mile west Meridian Road. This development is estimated to generate up to 2,000 additional vehicle trips per day depending on the type of use based on the Institute of Transportation Engineers Trip Generation manual. Roads impacted by this development: Overland .Road ACRD Commission Date -October 21, 1998 - 12:00 p.m. /TEII 13 ~/ClN/TY MAP ANNEXATION AND REZONE REQUEST A PART OF 1NE NE f/4 OF THE NE 1/4 OF SECTION 13 TOWNSHIP 3 NORTH, RANGE 1 WL~S•7; BO/SE MER/D/AN, AQA COUNTY, IDAHO. .~ :, ' " ~ _ . . _.. I _ _ - ~~ --- -- ..: . ;, . , ••33••~~10: I 1)031 iG:It I I \ . ..pc^:ec •.;vrr:mt •..,•....~ ..1 .::v:xc .., •'t>: a ~ 5 I ~ ®IS I ~ I r.avu:: I I I ~ t.. t 1 - . 1 ' ~ ~ •)::1+333: 1. . ~ 0 I , i , ~ ~ . aC ., ` . _. ~ -_ -_____ ~ , , ~ .. 1 . i •t : _ ... .:If 3 : _ .., 21 ,,.).333= i I • :::ee3c I ~I I unmu: , . .n.... ~: •.:3t••w: t • - 1.._ QUEFN ~ ~~Z~E~ ~ ~ ' ~~ I :~ ~ , . ~ ( fl:lo reef •` , {, E . . _ :~ ~ sr::.r.:too 1 I~ ~ { C_2 r ;I :f. C-r' ~ '.yrl.° IL RT \~ i ~/a11• I ~ I ~i a3mo.u ~~_ _ __ _ _=r'DM'J'~pp~\ •3:f,wn = i • ~I ~ ::nt,wM ~ ~ .... 1C:•1 :311s34.7 ~~ •:l:3ner I' I I I •) ~ ~ I ( •:313)ta3aa I, •t::f)C:')Q 'i ~ ;--BR I ~ .I: .( ~ ~ t t. xa,a iIO ~ m:raua axnlc:l:f _ ~ ~~~ I, i m •:313 rfa). ~ ~' I < :T-, ~~' !~ ~ i •il3t'tae)e 11 ~' I~ ) I'F ~ •:SnsT^. ~ b ~ 123t3a0tc' `J S ~ i' ~ ~ , :saw1<ip I ~:y ~~ 1 _ ~ 7 f+ ::11.13.13 r3:i+faw~. :7 ~'-,cam,-La t; _... x ~ .:1:1•)::1:1 •:::) -+::: m.... ~ .n ~ J _ ~ -~i-~ r yI t i • I _ . +:ilf,faf•I I~ ~ • .3)!3'1:3.0 ~) ~:i>73 .:ln]aaQ6 (!((( i' ~ 'r~~.lf I w , ,t .• 6~ ~' , ,, n i RTS,. ).L.r3311ej~:I.:.l..elbj- .3::.:,31. •:3:3rW:. _ / CIIQ. SIIRtf7 CO!lEULTAlITS• ~• -.O. BOX 30 1330 M. STA7S 5'TIItIT NOtAMM, NN1O LSSbO Facts and Findings: A. General Information Owner - Queenland Acres, Inc. Applicant -Theron Scott & Carol Lotspeich RT -Existing zoning CG -Requested zoning 7.3 -Acres 289 -Traffic Analysis Zone (TAZ) West Ada -Impact Fee Benefit Zone Western Cities -Impact Fee Assessment District Overland Road Minor arterial with bike lane designation Traffic count 3,890 on 9/14/95 450-feet of frontage 70-feet existing right-of--way (25-feet south of section line) 96-feet required right-of--way (48-feet from centerline) Overland Road is improved with 25-feet of pavement with no curb, gutter or sidewalk. B. The site is currently undeveloped. 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. The applicant may construct a 24 to 30-foot wide driveway on Overland Road located approximately 250-feet west of the east property line in alignment with an approved. driveway location on the north side of Overland Road (Interstate Center Subdivision). The applicant should be required to pave the driveway its full width and at least 30-feet beyond the edge of pavement of Overland Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. E. District policy requires the applicant to construct 5-foot wide concrete sidewalk on Overland Road abutting the parcel located 2-feet within the new right-of--way line. Coordinate the location and elevation of the sidewalk with District staff. F. In accordance with District policy, stub streets to the undeveloped parcels abutting this site may be required upon review of a future application for this site. G. As required by District policy, restrictions on the width, number and locations of driveways, may be placed on firture development of this parcel. MA0998.COM Page 2