HomeMy WebLinkAboutComp Plan Amend Change Residential to Mixed Use EAgle between Fairview and Ustick CPA 99-001~ ..ECEIVED
JAN 11 2001
SUBDIVISION EVALUATION SHEET
iL~T?TT1T d
Proposed Development Name Ceclar Springs Residential Subdivision File No. PP-00-018
Date Reviewed 1/11/01 Preliminary Stage XX Final
Engineer/Developer J-U-B EngineE:rs. Inc/Kevin Howell Development
The Street name comments listed) below are made by the members of the ADA COUNTY
STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this
development in accordance with tlhe Ada County Street Name Ordinance.
The following street names shall appear on the plat:
" N. MERIDIAN ROAD " " W. USTICK ROAD " " N. VENABLE LANE "
The following street names are approved for this plat:
" N. GREENWICH WAY " " N. PRIDE WAY " " N. ELSINORE WAY " " N. BYRON PLACE "
" N. STANFORD AVENUE " " W. ASHBY DRIVE " " W. ALEXIS DRIVE "
" N. FRANDON AVENUE " " W. BLAKE STREET " " N. THAIN AVENUE "
W GT.
"-Id:'ALESTER ~t-ACE " " W. ANTON DRIVE " " W. ASHTON DRIVE " " N. BARRON WAY "
rJ, ~~.
"~iN: STAUNTON rtr6HtZfi " " W. WELCH STREET " " W. CORNELL COURT "
" N. RHODES AVENUE "and " N. PORTAGFabVENUE "
The above street name comments have been read and approved by the following agency
representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures
must be secured by the representative or his designee in order for the street names to be
officially approved.
ADA COUNTY STREET NAME COMMITTEE, G NC RE R SENTATIVES OR DESIGNEES
Ada County Engineer John Priester Date ~ / ~ U
Community Planning Assoc. Sherri Pillow~~ L, ~ ~ G~ _ _ - _ Date 1- ~ ~- ° ~
City of Meridian Cheryl Sable ~`'
Date - - ~ ~ - o I
Meridian Fire Dept. Repre:>entative ~ ~, ,~~ Date ~ - ~S - U
NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the
time of signing the "final plat", otherwise the plat will not be signed !!!!
Sub Index Street Index 4N 1 W 36 Section ,
NUMBERING OF LOTS AND BLOCKS ~ `i ~ ~~u~o~ C~.~ /
TRISUBSISmall Cities.FRM
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June 2, 2000
AZ 00-007
MERIDIAN CITY COUNCIL MEETING June 6, 2000
.-~-
APPLICANT J-U-B Engineers ITEM NO. , ~
REQUEST FF -Annexation and zoning of 6.68 acres from RT to L-O for proposed
Carol Professional Center -west side of Eagle Road between Fairview Avenue and
Ustick Road
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
COMMENTS
See attached Findings
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Materials presented at public meetings shall become property of the City of Meridian.
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Meridian City Council~eting •
November 16, 1999
Page 6
MOTION CARRIED: ALL AYES
ITEM 5. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST
FOR COMPREHENSIVE PLAN AMENDMENT TO CHANGE LAND
USE FROM SINGLE-FAMILY RESIDENTIAL TO
MIXED/PLANNED USE BY J-U-B ENGINEERS, INC. -WEST OF
EAGLE ROAD BETWEEN FAIRVIEW & USTICK:
Corrie: Item No. 5 is the Findings of Facts and Conclusions of Law: Request for
Comprehensive Plan Amendment to change land use from single-family
residential to mixed/planned use by J-U-B Engineers, Inc., west of Eagle Road
between Fairview and Ustick.
Stiles: I had nothing on that.
Corrie: Okay. Hearing none, I'll entertain a motion on the Decision of Order on
Item No. 4.
Bentley: Mr. Mayor.
Corrie: Mr. Bentley.
Bentley: I move we approve the Findings of Facts and Conclusions of Law and
Decision of Order of recommendation of Comprehensive Plan Amendment by
J-U-B Engineering.
Bird: Second.
Corrie: Motion is made and seconded to approve the Findings of Facts and
Conclusions of Law on Item No. 5. Further discussion? Hearing none, roll-call
vote; Mr. Anderson.
Anderson: Aye.
Corrie:
M r.
Bentley.
Bentley: Aye.
Corrie: Mr. Bird.
Bird: Aye.
Corrie: And Mr. Rountree.
Rountree: Aye.
Meridian City Council~ting •
November 16, 1999
Page 7
MOTION CARRIED: ALL AYES
Gigray: Mr. Mayor, point of procedure and information.
Corrie: Mr. Gigray.
Gigray: Mr. Mayor, members of the Council, I believe on each of these
Comprehensive Plan land use designation changes, amendments, we've
prepared a Resolution in addition to the Findings for the Council to consider as
the State Law now requires that the Comprehensive Plans be approved by
Resolution rather than by Ordinance. We did not prepare an Ordinance. I
prepared a Resolution as a method to effectuate the decision that you have just
made. I see no problems with a timetable of that you could go ahead and
approve those Resolutions as you approve these Findings if you choose. If you
want to wait and put them on the Council agenda for the next meeting, that's a
matter of your discretion.
Corrie: I'd just soon do it one time.
Bird: I would too, Mayor.
Corrie: All right. We have the Resolution on Item No. 5.
Bird: What's the Resolution No.?
Gigray: 263.
Bird: 263?
Gigray: Right.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move that we approve the Resolution 263 for the Mayor to sign and Clerk
to attest.
Rountree: Second.
Corrie: Okay. Motion's been made and seconded to have the Mayor to sign, the
Clerk to attest Resolution No. 263. Any further discussion? Hearing none, all in
favor of the Resolution say aye.
MOTION CARRIED: ALL AYES
Meridian City Council~ting
November 16, 1999
Page 8
ITEM 6. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST
FOR COMPREHENSIVE PLAN AMENDMENT TO CHANGE LAND
USE OF 12.3 ACRES FROM SINGLE-FAMILY RESIDENTIAL TO
COMMERCIAL BY DEVELOPERS DIVERSIFIED REALTY
CORPORATION/DAKOTA COMPANY -SOUTH OF FAIRVIEW
AND EAST OF RECORDS:
Corrie: Item No. 6. This is a Findings of Facts and Conclusions of Law:
Request for a Comprehensive Plan Amendment to change land use of 12.3
acres from single-family residential to commercial by Developers Diversified
Realty Corporation/Dakota Company, south of Fairview and east of Records.
Staff.
Stiles: Nothing, Mayor.
Corrie: Mr. Rountree.
Rountree: Mr. Mayor, procedural question. Were we going to see if there were
any citizens that were wishing to testify on these items because of the process
we went through last meeting?
Corrie: I don't think we - Mr. Gigray, can we do that? I think we only had one
that was continued public hearing.
Gigray: Right. There was one and the rest you did not continue. There was
some discussion as to whether or not a question might be asked by the Mayor or
with leave of counsel if anyone was appearing tonight thinking there was a public
hearing on any of those matters.
Bird: People left early, remember?
Corrie: Is anybody here that left early that were going to testify on any of these
Comprehensive Plan changes that we're going through tonight? Other than the -
Item 17 which is single-family residential, mixed/planned use development for
Touchmark Living Centers which is a continued public hearing.
Gigray: Matter of procedure, Mr. Mayor and members of the Council, I'd
recommend that for purposes, the record that you might direct that the minutes
show that no one responded to that call.
Corrie: So be the records. All right. Thank you, Mr. Rountree. Item No. 6.
Okay. We're on Item No. 6. Comments?
Bird: I have none.
f
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interoffice
M E M O R A N D U M
To:
From:
Subject:
Date:
William G. Berg, Jr.
Wm. F. Gigray, III
J-U-B ENGINEERS, INC. /CPA-99-001
November 11, 1999
Will:
('lC 11-16-R~
~ ~- S
~~c~~
N O V 1 2 1999
CITY nF 1Vfl~Rlfl
Please find enclosed the original of the FINDINGS OF FACT AND
CONCLUSIONS OF LAW, DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP, for the above matter, and set for the City Council
meeting on Tuesday, November 16, 1999.
Additionally, I have enclosed the original of the Resolution and Certificate of the
Clerk. Please make sure once the Resolution has been passed to provide a certified copy to the
Ada County Development Services, ATTN: Jeff Patlovich, Director, 650 Main Street, Boise,
Idaho 83702, telephone number 364-2277, if you have any questions..
Please serve conformed copies of the Findings and Resolution upon the
Applicant, Planning and Zoning Department, Public Works, City Attorney, and anyone who has
filed a demand for notice of Council's action.
If you have any questions, please advise.
msg/Z:AWork\M\Meridian 15360M\Eagle Rd Comp PlanAFfClsDecOrdClkLtr.CPA
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BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE )
APPLICATION OF J-U-B )
ENGINEERS, INC. FORA )
COMPREHENSIVE PLAN )
AMENDMENT TO CHANGE LAND)
USE FROM RESIDENTIAL TO )
MIXED/PLANNED USE )
DEVELOPMENT, LOCATED WEST)
OF EAGLE ROAD BETWEEN )
FAIRVIEW AND USTICK, )
MERIDIAN, IDAHO )
CASE NO. CPA-99-001
FINDINGS OF FACT AND
CONCLUSIONS OF LAW,
DECISION AND ORDER
AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE
MAP
The above entitled application for amendment to the City of Meridian's
Comprehensive Plan Generalized Land Use Map having come on for public hearing
before the City Council on the 3`d day of November, 1999, at the hour of 7:00 p.m.,
on said date at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and
appearing and offering testimony was Shari Stiles, Planning and Zoning
Administrator, and no one appeared in opposition, and the Council having received
the record of this matter from the Planning and Zoning Commission, and having
received the "Findings of Fact and Conclusions of Law and Decision and
Recommendation of the Planning and Zoning Commission on this application, and
having duly considered the matter, the City Council makes the following Findings of
FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 1 OF 15
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP - J-U-B ENGINEERS
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Fact, Conclusions of Law, Decision and Order Amending Comprehensive Plan
Generalized Land Use Map.
FINDINGS OF FACT
1. A notice of the time, place, and a summary of the proposed amendment
plan to be discussed at the November 3, 1999, hearing was published fifteen (15)
days prior to said hearing; copies of all notices were made available to newspaper,
radio, and television stations; the matter was duly considered at the November 3,
1999, public hearing; and the public was given full opportunity to express comments
and submit evidence.
2. There has been compliance with all notice and hearing requirements set
forth in the City of Meridian Comprehensive Plan and Idaho Code § 67-6509.
3. The property which is the subject of the application for amendment is
herein described as follows to-~vit:
See attached Exhibit "A"
4. The subject real property is generally located along the west side of
Eagle Road, approximately half way between Fairview Avenue and Usticlc Road, and
twelve acres of the property lies within the City and is zoned R-4, and the remainder
is zoned RT, and lies within Ada County but within the City of Meridian Impact
Area boundaries, and is subject to the Comprehensive Plan of the City of Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 2 OF 15
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP - J-U-B ENGINEERS
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5. The City has complied with the referral process with Ada County for the
requested amendment of the Comprehensive Plan.
6. The Applicant is J-U-B Engineers, Inc., of 250 S. Beechwood Ave. Boise,
Idaho. The Applicant filed a written Comprehensive Plan amendment application.
7. Pursuant to the application, the affected property is generally described
as a 20 acre parcel on the west side of Eagle Road between Fairview and Usticlc; the
properties to the north and west are residential, Carol's Subdivision and Carol's
Subdivision No. 2; east of the subject property is Eagle Road; across Eagle Road
scattered residential dwellings and agricultural land, and the property to the south is
currently agricultural farm land; the Applicant requests the Comprehensive Plan and
Land Use Map amendment to change from Single Family Residential to Mixed Use.
8. The Meridian City Council takes judicial notice of its Zoning,
Subdivision and Development Ordinances codified at Title 11, Municipal Code of
the City of Meridian and all current zoning maps thereof and the Comprehensive
Plan of the City of Meridian, adopted December 21, 1993, Ord. No. 629-Jan.4, 1994
and Maps and Ordinance establishing the Impact Area Boundary.
9. The Applicant requested the Comprehensive Plan amendment and the
application was not initiated at the request of the City of Meridian.
10. The proposed application requests a Comprehensive Plan amendment to
FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 3 OF 15
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP - J-U-B ENGINEERS
C
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change the designation of the subject property from Single Family Residential to
Mixed Use. The designation change requires an amendment to the Comprehensive
Plan of the City of Meridian as requested by the Applicant. (City of Meridian
Comprehensive Plan, pg. 78-79).
11. A portion of the subject property is in Ada County, zoned RT, and
located on the west side of Eagle Road, south of Leslie Drive, between Fairview
Avenue and Usticlc Road, approximately 750 feet north of the Mixed Use Zone
boundary, and 1100 south of Mixed/Planned Use Development Land area at Usticlc
Road and Eagle Road.
12. The condition or situation which warrants a change being made in the
Plan pertains to three conditions and they are as follows: 1. Eagle Road widening to
five lanes; 2. Future signalization at Eagle Road; and 3. A new Meridian elementary
school. All three of these elements provide an excellent opportunity to capitalize on
the advantages of Mixed-Use for the 40-acre site. Eagle Road is a principal arterial
with traffic traveling at 55-60 mph which is not conducive to adjacent single family
living, when other land use options can provide buffering. Loud and continuous
vehicular noise, speed, safety issues, and air pollution are undesirable factors for
adjacent residential development. Professional offices, similar in appearance to
homes, can provide buffering and take advantage of the Eagle Road visibility which
FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 4 OF 15
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP - J-U-B ENGINEERS
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residential development does not need. Homes situated between the offices and the
elementary school allow the convenience of immediate school access by foot or bike.
Also, proposed signalization to Eagle Road will be shared by the three properties
malting the site excellent for the school, residential and professional offices access.
13. The greatest public need for and benefit from such a change in the Plan
is the increased compatibility of land uses that will benefit from the amendment.
Some of the advantages include: 1. Buffering of single family homes from Eagle Road;
2. Providing housing adjacent to the elementary school; and 3. Professional office
uses that provide landscaping and buffering to the above uses.
14. No other solutions to the problem as presented by the current policy of
the Plan are possible or reasonable because the Comprehensive Plan land use map
must be changed to allow for amixed-use project as proposed; currently it allows only
single family dwellings in the area.
15. The development intentions for any land involved are low, residential-
looking professional offices (dentist, doctor, day care); single family homes and
elementary school.
16. The granting of this application will help the school district as it has
purchased the site and will be building a new elementary school for 650 students.
There will be office buildings along Eagle Road with residential design; cottage homes
FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 5 OF 15
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP - J-U-B ENGINEERS
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transitioning to the school site. The 20-acre site will provide an excellent transition
buffer from the large commercial site at Eagle Road and Fairview to the existing single
family residential to the north.
17. In terms of land use, it makes sense that Eagle Road should develop
with office and commercial uses in the future, since Eagle Road is a principal
arterial/State Highway with vehicular noise, high speeds, and other factors which are
undesirable for single-family residential development without extensive buffering.
18. The proposed designation change within the subject application would,
in fact, require an amendment to the Comprehensive Plan as determined by City
policy.
19. It has been snore than 6 months prior to the date of the receipt of the
recommendation of the Planning and Zoning Commission in this matter that the
Commission has recommended amendments to the land use map component of the
Comprehensive Plan to the City Council.
CONCLUSIONS OF LAW
1. All the procedural requirements of the Land Use Planning Act and of
the Comprehensive Plan of the City of Meridian were met including: notice of the
time, place, and a summary of the proposed amendment to the Plan, the publication
of which was fifteen (15) days prior to said hearing; copies of all notices were made
FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 6 OF 15
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP - J-U-B ENGINEERS
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available to newspaper, radio, and television stations. (Meridian Comprehensive Plan
Implementation Chapter, Comprehensive Plan Amendment Section; Idaho Code §
67-6509(b)).
2. The City of Meridian shall exercise the powers conferred upon it by the
"Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the
"Land Use Planning Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §
67-6509).
3. The Meridian Planning and Zoning Commission may exercise all the
powers required and authorized under the "Land Use Planning Act" except the power
to adopt ordinances by the establishment of a Planning and Zoning Commission by
ordinance pursuant to Idaho Code § 67-6504 which the City Council of the City of
Meridian has established by the passage of the "City of Meridian Zoning and
Development Ordinance" at Title XI, Chapter I, Municipal Code of the City of
Meridian.
4. The City Council or any group or person may petition the Planning and
Zoning Commission for a plan amendment at any time. The following requirements,
time tables, and procedures to amend Meridian's Comprehensive Plan at pages 78 -
79 must be satisfied:
A. Application to amend the Comprehensive Plan may be filed with
FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 7 OF 15
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP - J-U-B ENGINEERS
C]
the Planning and Zoning Commission at any time.
B. The Applicant will submit a letter for a Plan amendment which
will contain the following;
4.B.1 Specific definition of the change requested.
4.B.2 Specific information on any property involved.
4.B.3 The condition or situation which warrants a change being
made in the Plan.
4.B.4 The public need for and benefit from such a change in the
Plan.
4.B.5 Documentation that no other solutions to the problem are
presented by the current policy of the Plan are possible or
reasonable.
4.B.6 Development intentions for any land involved.
4.B.7 Any other data and information needed by the Planning
and Zoning Commission in evaluating the proposal, such
as who does it help, who does it hurt, how much is it going
to cost and who is going to pay for it.
C. No application will be considered until the required information
is complete.
(Meridian Comprehensive Plan Implementation Chapter, Comprehensive Plan
Amendments Section).
5. The Commission may recommend amendments to the land use map
component of the Comprehensive Plan to the City Council not more frequently than
one every six (6) months. (Idaho Code § 67-6509(d); Meridian Comprehensive Plan
FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 8 OF 15
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP - J-U-B ENGINEERS
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Implementation Chapter, Comprehensive Plan Amendments Section)
6. The City Council may conduct a public hearing in addition to the
public hearing conducted by the Planning and Zoning Commission as provided by
Ordinance, prior to adoption, amendment, or repeal of the Comprehensive Plan using
the same notice and hearing procedures as the Commission, only after having
received the Recommendations from the Planning and Zoning Conunission. Idaho
Code § 67-6509(b).
7. The Comprehensive Plan of the City of Meridian provides at page 79 in
Section F, G and H of the Section entitled "Comprehensive Plan Amendments" for
the procedure to be followed by the City Council upon receipt of the Planning and
Zoning Commission's recommendations to as follows:
F: Upon receipt of the Planning and Zoning Commission's
recommendations on Plan amendments, the City Council will set a date
for public hearing on the application. At the public hearing, the
proposed amendments will be presented and the City Council will
receive the report of is Committee, if one has been appointed, and
public testimony on each application.
G: At the public hearing or within 45 days thereafter, the City Council
shall approve or deny the application (except that with the written
agreement of the applicant, an additional amount of time, which shall
be specified, may be taken). All applicants shall be notified by mail of
the City Council's decision and the decision shall be supported by
findings of fact and conclusions of law. If the City Council makes a
material change in the proposed plan amendment it shall conduct one
additional public hearing prior to adopting the proposed amendment as
FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 9 OF 15
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP - J-U-B ENGINEERS
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changed and may alter its findings of fact and conclusions of law.
H: All applications for Comprehensive Plan amendments shall be acted
upon by the City Council within 16 months from their date of filing
unless, upon written agreement of the applicant, an additional amount
of time may be specified, or unless the provisions of Section (1) are
applicable requiring additional time for study.
8. The Meridian Comprehensive Plan applies to the Meridian Area of City
Impact and the coordination of amendments and zoning applications in the Impact
Area are as follows:
1-11-6 Meridian City Code: Coordination o~Amendments and Zoning
A~~lications:
"A. County and City Coordination: All applications for Ada County and
Meridian amendments to their respective comprehensive plans and
implementing ordinances which apply within the area of City impact
shall be sent by the entity considering such amendment to the other
entity. A separate referral process shall be adopted by resolution by
each entity regarding procedures and time periods for, and the effect of,
sending such amendments, and such resolution may be amended from
time to time upon mutual agreement in writing by Ada County and the
City.
B. Applications To City: All Ada County applications for planned
developments, subdivisions, rezones, private roads, and conditional use
permits within the area of City impact shall be sent to Meridian, in
accordance with the referral process arrived at pursuant to subsection A
of this Section."
9. To change a designation from Single Family Residential to Mixed Use
FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 10 OF 15
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP - J-U-B ENGINEERS
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requires approval by the Planning and Zoning Commission as provided under the
City of Meridian Comprehensive Plan, Implementation Chapter Comprehensive Plan
Amendments Section.
10. Upon review of an amendment application relating to land use
designations, the Council should take the following objectives into account:
10.1 Mixed-planned uses along the I-84 corridor, which are attractive
and compatible with high-volume traffic corridors.
10.2 Designating ample land for urban expansion and infill.
10.3 Quality residential neighborhoods, north, south, east, and west of
Old Town.
10.4 Planned mixed uses along I-84, Franklin Road, U.P. Railroad, and
Fairview Avenue corridors.
10.5 Buffers to the waste treatment plant.
10.6 Adequate school and park sites for quality living.
10.7 The importance of maintaining compatible land uses to ensure an
optimum quality of life.
10.8 Respect for the responsibilities and rights of land ownership.
10.9 Reinforce the role of the City in regulating the use of land
resources for the benefit of future generations.
10.10 Plan for multiple use of public facilities wherever feasible.
11. Upon review of an amendment application affecting residential
FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 11 OF 15
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP - J-U-B ENGINEERS
• •
designations, the Council should take the following policies into account:
11.1 Support a variety of residential categories (urban, rural, single-
family, multi-family, townhouses, duplexes, apartments,
condominiums, etc.) for the purpose of providing the City with a
range of affordable housing opportunities.
11.2 Support strategies for the development of neighborhood parks
within all residential areas.
11.3 Protect and maintain residential neighborhood property values,
improve each neighborhood's physical condition and enhance its
quality of life for residents.
11.4 Encourage sidewalks and paved streets for all existing
neighborhoods through joint ACHD/Local Improvement District
programs.
11.5 Encourage compatible infill development which will improve
existing neighborhoods.
12. The requirements for a Comprehensive Plan are set forth in I.C. § 67-
6508. The statute provides in part that: "The plan shall consider previous and
existing conditions, trends, desirable goals and objectives, or desirable future
situations for each planning component. The maps and charts are based on the
components of the written plan."
FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 12 OF 15
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP - J-U-B ENGINEERS
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DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN
ADOPTED, the City Council does hereby Order and this does Order that:
1. The Applicant's request for Comprehensive Plan Amendment to the
Generalized Land Use Map Component to change the real property described in
Finding of Fact no. 3 from a Single Family Residential designation to a
Mixed/Planned Use Development designation is granted.
2. The City Attorney is directed to prepare for consideration by the City
Council the appropriate Resolution directing the Comprehensive Plan Land Use Map
Component change of the subject real property from Single Family Residential to
Mixed Use/Planned Use Development.
3. Subsequent to the passage of the Resolution, provided for in Section 2
of this Order, the engineering staff of the Public Worlcs Department shall prepare the
appropriate mapping changes of the official Comprehensive Plan Generalized Land
Use Map component in conformance with this Order and the provisions of the
Resolution.
4. The City Clerlc is to notify and provide a certified copy of the
Resolution to the appropriate Ada County officials to notify them of the
FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 13 OF 15
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP - J-U-B ENGINEERS
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Comprehensive Plan amendment.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City
of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person
who has an interest in real property which may be adversely affected by the issuance
or denial of the Comprehensive Plan Land Use Map change may, within twenty-eight
(28) days after the date of this decision and order, seek a judicial review as provided
by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the l~'~~ day of
/~lDl~~hL~°i , 1999.
ROLL CALL
COUNCILMAN RON ANDERSON
COUNCILMAN GLENN BENTLEY
COUNCILMAN KEITH BIRD
VOTED
VOTED
VOTED
COUNCILMAN CHARLIE ROUNTREE VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 14 OF 15
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP - J-U-B ENGINEERS
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MAYOR ROBERT D. CORRIE (TIE BREAKER)
f• ,~
DATED: ~ ` ~~ ~~ ~~~
MOTION:
APPROVED: -'
•
VOTED
DISAPPROVED:
Copy served upon Applicant, Planning and Zoning Department, Public Worlcs
Department, appropriate Ada County officials, and the City Attorney.
B ~ ~ L...~~ c~ -'~~ 1
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City Clerlc
Dated: ~~~~~ ~~
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FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 15 OF 15
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP - J-U-B ENGINEERS
-..
BCHEDULE A
PARCEL A
Part of the Southeast quarter of the Northeast quarter of Section
5, Township 3 North, Range 1 East, of the Boise Meridian, Ada
County Idaho, described as follows:
Commencing at the Northeast corner of Section 5, Township 3 North,
Range 1 East, Boise Meridian, Ada County, Idaho, thence
South on the East line of said Section 5 (which is the middle of
State Highway No. 69) for a distance of 2,283.0 feet to a spike in
the center of State Highway No. 69, the REAL PLACE OF BEGINNING;
thence
North 89°48' West for a distance of 1,317.33 feet to a point in the
Westerly fence line; thence
North 0.0°08' West for a distance of 320.0 feet to a point; thence
South 89°48' East for a distance of 1,318.08 feet to a spike in the
East line of said Section 5; thence
South along the East line of said Section 5 for a distance of 320.0
feet to a spike in the middle of said State Highway No. 69, the
REAL POINT OF BEGINNING.
EXCEPT ditch and road rights of way.
EXCEPT right of way for EAGLE ROAD.
PARCEL B
Part of the Southeast quarter of the Northeast quarter of Section
5, Township 3 North, Range 1 East of the Boise Meridian, Ada
County Idaho, described as follows:
Commencing at the Northeast corner of Section 5, Township 3 North,
Range 1 East, Boise Meridian, Ada County, Idaho, thence
South on tt~e East line of said Section 5 (which is the middle of
State Highway No. 69) for a distance of 2,610.96 feet to a spike
in the center of State Highway No. 69, at the East quarter corner
of said Section 5, the REAL PLACE OF BEGINNING; thence
South 89°45' West for a distance of 1,316.54 feet to the 1/16th
corner of said Section 5, a 3/4" steel pin; thence
North 0.0°08' West for a distance of 339.07 feet to a point; thence
South 89°48' East for a distance of 1,317.33 feet to a spike in the
East line of said Section 5; thence
South 327.86 feet along the East line of said Section 5 to a spike
in the middle of State Highway No. 69, REAL POINT OF BEGINNING.
EXCEPT ditch and road rights of way.
EXCEPT right of ways for EAGLE ROAD and STOKESBERRY LATERAL.
EXHIBIT "A"
CPA-99-001
•
WHITE, PETERSON, PRUSS, MOR
ATTORNEYS AT LP
JUSTIN P. AYLSWORTH PHILIP A. PETERSON 200 EAST CARLTON AVENUI '
/ % CE
KATHY J. EDWARUS f
STEPHEN L. PRUSS POST OFFICE BOX I / I ~ /
~ :SOUTH
JULIE KLEIN FISCHER /
ERIC S. ROSSMAN MERIDIAN, IDAHO 83 i r
f'~ ~x 247
WM. E GicRAY, III TODD A. ROSSMAN TEL (208) 288-249' 553.0247
D. SAMUEL JOHNSON R. STEPHEN RUTHERFORD FAX (208) 288-250 lr1
/~ /
~ X272
WILLIAM A. MORROW l
DAVID M. SWARTLEY (% 1~ I
1 }405
WILLIAM R NICHOLS' III III
TERRENCE R. WHITE##
CHRISTOPHER S. NYE Elllall V13 Ill Yel'UeY C[, WtQ CDW
c
'ALSO ADMITTED IN OR TO
•~ALSO ADMITTED IN WA ~FICE
October 28, 1 ~
William G. Berg, Jr.
City Clerlc
Meridian City Hall
33 East Idaho
Meridian, Idaho 83642
Re: 1. Comprehensive Plan Amendment, Single Family Residential
To Mixed Use For A 20 Acres Parcel West of Eagle Road
Between Fairview and Usticlc/By: J-U-B Engineers, Inc. -
CPA-99-001
2. Comprehensive Plan Amendment, Single Family Residential
To Commercial for 4000 E. Fairview Ave./By: Developers
Diversified Realty Corporation -CPA-99-002
Dear Will:
Please find enclosed the originals of the Recommendations to the City
Council by the Planning and Zoning Commission on the above referenced applications.
Please note these matters will be heard before the City Council on November 3, 1999.
Shari Stiles and Gary Smith have been given copies of the above
Recommendations so they can be prepared at the hearing to specifically address the
Reconunendations of the Planning and Zoning Commission.
Very truly yours,
~~~
R. Stephen Rutherford
Enclosures
r •
BEFORE THE PLANNING AND ZONING COMMISSION OF
THE CITY OF MERIDIAN
In the Matter of the Request for
COMPREHENSIVE PLAN
AMENDMENT -SINGLE FAMILY
RESIDENTIAL TO MIXED USE FOR
A 20 ACRE PARCEL WEST OF
EAGLE ROAD BETWEEN FAIRVIEW
AND USTICK
BY J-U-B ENGINEERS, INC.
The above emit'
come on for puh'
date at the Meridian
b
~~
~~
Case No. CPA-99-001
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND
RECOMMENDATION
OCT 2 8 1999
i&~ ~~ '~'~ ~ ~ ~ II`d~
°nprehensive Plan amendment having
~ 999, at the hour of 6:30 p.m., on said
Idaho Street, Meridian, Idaho, and the
Planning and Zoning Co_ .i having heard and taken oral and written testimony
and the Applicant appearing in person, and having duly considered the matter, the
Planning and Zoning Commission makes the following Findings of Fact and
Conclusions of Law:
FINDINGS OF FACT
1. A notice of the time, place, and a summary of the proposed amendment
plan to be discussed at the September 30, 1999, hearing was published fifteen (15)
days prior to said hearing; copies of all notices were made available to newspaper,
radio, and television stations; the matter was duly considered at the September 30,
1999, public hearing; and the public was given full opportunity to express comments
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT
J-U-B ENGINEERS, INC., -EAGLE ROAD - 1
•
and submit evidence.
2. There has been compliance with all notice and hearing requirements set
forth in the City of Meridian Comprehensive Plan and Idaho Code § 67-6509.
3. The property which is the subject of the application for amendment is
described in said application and by this reference is incorporated herein as if set
forth in full.
4. The Applicant is J-U-B Engineers, Inc., of 250 S. Beechwood Ave. Boise,
Idaho. The Applicant filed a written Comprehensive Plan amendment application.
5. Pursuant to the application, the affected property is generally described
as a 20 acre parcel on the west side of Eagle Road between Fairview and Usticlc; the
properties to the north and west are residential, Carol's Subdivision and Carol's
Subdivision No. 2; east of the subject property is Eagle Road; across Eagle Road
scattered residential dwellings and agricultural land, and the property to the south is
currently agricultural farm land; the Applicant requests the Comprehensive Plan and
Land Use Map amendment to change from Single Family Residential to Mixed Use.
6. The Meridian Planning and Zoning Commission takes judicial notice of
its Zoning, Subdivision and Development Ordinances codified at Title 11, Municipal
Code of the City of Meridian and all current zoning maps thereof and the
Comprehensive Plan of the City of Meridian, adopted December 21, 1993, Ord. No.
629-Jan.4, 1994 and Maps and Ordinance establishing the Impact Area Boundary.
7. The Applicant requested the Comprehensive Plan amendment and the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT
J-U-B ENGINEERS, INC., -EAGLE ROAD - 2
•
application was not initiated at the request of the City of Meridian.
8. The proposed application requests a Comprehensive Plan amendment to
change the designation of the subject property from Single Family Residential to
Mixed Use. The designation change requires an amendment to the Comprehensive
Plan of the City of Meridian as requested by the Applicant. (City of Meridian
Comprehensive Plan, pg. 78-79).
9. The Applicant testified at the public hearing that the particular
characteristics of the affected property make the amendment desirable.
10. The Assistant to the City Engineer, Bruce Freclcleton, and the Assistant
Planner, Steve Siddoway, submitted comments by and through a Memorandum dated
September 28, 1999, and Bruce Frecldeton and Shari Stiles, Planning and Zoning
Administrator submitted comments by and through testimony during the. September
30, 1999, public hearing on this matter. Such report and comments are hereby
incorporated herein, as follows:
10.1. Several Carol's Subdivision residents are concerned about higher
density housing and office uses in their "backyard". Specifically,
these uses would abut the rear property line of the first three lots
in Carol's Subdivision. The remaining 8 lots in Carol's
Subdivision that abut this project are adjacent to the elementary
school property.
10.2 In terms of land use, it makes sense that Eagle Road should
develop with office and commercial uses in the future, since Eagle
Road is a principal arterial/State Highway with vehicular noise,
high speeds, and other factors which are undesirable for single-
family residential development without extensive buffering.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT
J-U-B ENGINEERS, INC., -EAGLE ROAD - 3
•
10.3 Eagle Road is designated as a limited access corridor by the Idaho
Transportation Department. Coordination is needed among all
the agencies involved to determine appropriate access and uses.
As Eagle Road has recently been constructed, there is a
moratorium on the cutting of any streets for utility extensions.
10.4 The property could be served, on a temporary basis, by the sewer
lift station that was constructed as part of the Packard
Subdivision. However, the property owner should be required to
pay trunk line extension fees for construction of the South Slough
Trunk Line. This and other issues will be determined when
annexation and development applications are processed. Water
service to any future development is contingent upon positive
results from a hydraulic analysis by our computer model.
10.5 Staff recommends approval of the Comprehensive Plan
Amendment as a Mixed/Planned Use Development, with the
forewarning that a landscape buffer will be required between
Carol Subdivision and the proposed office and cottage home uses
as part of a development agreement when the property is annexed
to the City. Also, as Eagle Road is an entryway corridor,
minimum landscape setbacks will also be requested. Due to the
Mixed/Planned Use designation, all development applications will
require a Conditional Use Permit and design review by the
Planning ~ Zoning Commission and City Council. Approval of a
change in the land use designation in no way indicates approval
of any concept plans presented.
1 1. The City of Meridian Fire Department's recommendations are hereby
incorporated as follows:
11.1 Applicants shall satisfy all fire code requirements including those
pertaining to water flow and fire hydrants.
11.2 The future signalized intersection will need to have Opticom
traffic system installed by Properties West, Inc.
11.3 When the future school is built applicant will need to construct
the road connection.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT
J-U-B ENGINEERS, INC., -EAGLE ROAD - 4
•
•
12. The Assistant to the City Engineer, Bruce Frecldeton, and the Assistant
City Planner, Steve Siddoway, in their comments dated September 28, 1999,
submitted a Comprehensive Plan analysis. That Comprehensive Plan analysis is
hereby incorporated herein.
Goal 3 is "to encourage the kind of economic growth and
development which supplies employment and economic self-
sufficiency for existing and future residents, reduces the present
reliance on Boise and strengthens the City's ability to finance and
implement public improvements, services, and its open space
character."
Goal 4 of the Comprehensive Plan is "to provide housing
opportunities for all economic groups within the community."
Goal 8 is "to establish compatible and efficient use of land
through the use of innovative and functional site design."
Economic Development
1.1 The City of Meridian shall make every effort to create a
positive atmosphere which encourages... commercial enterprises
to locate in Meridian.
1.2 It is the policy of the City of Meridian to set aside areas
where commercial and industrial interest and activities are to
dominate.
1.3 The character, site improvements and type of new
commercial or industrial developments should be harmonized
with the natural environment and respect the unique needs and
features of each area.
Land Use
1 .4U Encourage new development that reinforces the City's
present development pattern of higher density development
within the Old Town area and lower density development in
outlying areas.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT
J-U-B ENGINEERS, INC., -EAGLE ROAD - 5
13. The proposed designation change within the subject application would,
in fact, require an amendment to the Comprehensive Plan as determined by City
policy.
CONCLUSIONS OF LAW
1. All the procedural requirements of the Land Use Planning Act and of
the Comprehensive Plan of the City of Meridian were met including: notice of the
time, place, and a summary of the proposed amendment to the Plan, the publication
of which was fifteen (15) days prior to said hearing; copies of all notices were made
available to newspaper, radio, and television stations. (Meridian Comprehensive Plan
Implementation Chapter, Comprehensive Plan Amendment Section; Idaho Code §
67-6509(a)).
2. The City of Meridian shall exercise the powers conferred upon it by the
"Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the
"Land Use Planning Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §
67-6509).
3. The Meridian Planning and Zoning Commission may exercise all the
powers required and authorized under the "Land Use Planning Act" except the power
to adopt ordinances by the establishment of a Planning and Zoning Commission by
ordinance pursuant to Idaho Code § 67-67504 which the City Council of the City of
Meridian has established by the passage of the "City of Meridian Zoning and
Development Ordinance" at Title XI, Chapter I, Municipal Code of the City of
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT
J-U-B ENGINEERS, INC., -EAGLE ROAD - 6
•
Meridian.
4. The City Council or any group or person may petition the Planning and
Zoning Commission for a plan amendment at any time. The following requirements,
time tables, and procedures to amend Meridian's Comprehensive Plan must be
satisfied:
A. Application to amend the Comprehensive Plan may be filed with
the Planning and Zoning Commission at any time.
B. The Applicant will submit a letter for a Plan amendment which
will contain the following;
4.B.1 Specific definition of the change requested.
4.B.2 Specific information on any property involved.
4. B.3 The condition or situation which warrants a change being
made in the Plan.
4.B.4 The public need for and benefit from such a change in the
Plan.
4.B.5 Documentation that no other solutions to the problem are
presented by the current policy of the Plan are possible or
reasonable.
4.B.6 Development intentions for any land involved.
4.B.7 Any other data and information needed by the Planning
and Zoning Commission in evaluating the proposal, such
as who does it help, who does it hurt, how much is it going
to cost and who is going to pay for it.
C. No application will be considered until the required information
is complete.
(Meridian Comprehensive Plan Implementation Chapter, Comprehensive Plan
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
RECOMMENDATION COMPREHENSNE PLAN AMENDMENT
J-U-B ENGINEERS, INC., -EAGLE ROAD - 7
i
Amendments Section).
r
5. The Planning and Zoning Commission may recommend amendments to
the Comprehensive Plan to City Council not more frequently than every six (6)
months. (Idaho Code § 67-6509(d); Meridian Comprehensive Plan Implementation
Chapter, Comprehensive Plan Amendments Section)
6. Upon receipt of a complete application, the Planning and Zoning
Commission shall conduct at least (1) public hearing in which interested persons shall
have an opportunity to be heard. At least fifteen (15) days prior to the hearing,
notice of the time and place and a summary of the plan shall be published. The
Commission shall also make available a notice to newspapers, radio, and television
stations. (Idaho Code § 65-6509(a))
7. At said hearing, the proposed amendment shall be presented to the
Commission by the Applicant and the Commission shall accept testimony from the
public. Within forty-five (45) days of the hearing, the Commission shall make a
recommendation to the City Council, supported by Findings of Fact and Conclusions
of Law. (Meridian Comprehensive Plan Implementation Chapter, Comprehensive.
Plan Amendments Section).
8. An Applicant shall be notified of the Commission's decision by mail.
Any Applicant whose application is denied may appeal to the City Council within
thirty (30) days from the date of notification of the decision, by filing a written
appeal stating the reasons for the appeal. (Meridian Comprehensive Plan
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT
J-U-B ENGINEERS, INC., -EAGLE ROAD - 8
•
•
Implementation Chapter, Comprehensive Plan Amendments Section)
9. To change a designation from Single Family Residential to Mixed Use
requires approval by the Planning and Zoning Commission as provided under the
City of Meridian Comprehensive Plan, Implementation Chapter Comprehensive Plan
Amendments Section.
10. Upon review of an amendment application relating to land use
designations, the Commission should take the following objectives into account:
10.1 Mixed-planned uses along the I-84 corridor, which are attractive
and compatible with high-volume traffic corridors.
10.2 Designating ample land for urban expansion and infill.
10.3 Quality residential neighborhoods, north, south, east, and west of
Old Town.
10.4 Planned mixed uses along I-84, Franklin Road, U.P. Railroad, and
Fairview Avenue corridors.
10.5 Buffers to the waste treatment plant.
10.6 Adequate school and park sites for quality living.
10.7 The importance of maintaining compatible land uses to ensure an
optimum quality of life.
10.8 Respect for the responsibilities and rights of land ownership.
10.9 Reinforce the role of the City in regulating the use of land
resources for the benefit of future generations.
10.10 Plan for multiple use of public facilities wherever feasible.
11. Upon review of an amendment application affecting residential
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
RECOMMENDATION COMPREHENSIVE PLAN .AMENDMENT
J-U-B ENGINEERS, INC., -EAGLE ROAD - 9
designations, the Commission should take the following policies into account:
1 1. l Support a variety of residential categories (urban, rural, single-
family, multi-family, townhouses, duplexes, apartments,
condominiums, etc.) for the purpose of providing the City with a
range of affordable housing opportunities.
11.2 Support strategies for the development of neighborhood parks
within all residential areas.
11.3 Protect and maintain residential neighborhood property values,
improve each neighborhood's physical condition and enhance its
quality of life for residents.
11.4 Encourage sidewalks and paved streets for all existing
neighborhoods through joint ACHD/Local Improvement District
programs.
11.5 Encourage compatible infill development which will improve
existing neighborhoods.
12. Having made the afore stated Findings of Fact and Conclusions of Law
the City of Meridian Planning and Zoning Commission hereby approves the
proposed application to amend the City of Meridian Comprehensive Plan as set forth
herein.
DECISION
The Meridian Planning and Zoning Commission determines that upon review
of the applicable standards, goals, policies and guidelines as set forth in the
Comprehensive Plan of the City of Meridian, the established record, and the
applicable law, that amendment of the Comprehensive Plan is warranted in the
instant case.
ey/Z:\Work\M\Meridian 15360M\F.agle Rd Comp Plan\PZ.fcs
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
RECOMMENDATION COMPREHENSNE PLAN AMENDMENT
J-U-B ENGINEERS, INC., -EAGLE ROAD - 10
~~
BEFORE THE PLANNING AND ZONING COMMISSION OF
THE CITY OF MERIDIAN
In the Matter of the Request for
COMPREHENSIVE PLAN
AMENDMENT -SINGLE FAMILY
RESIDENTIAL TO MIXED USE FOR
A 20 ACRE PARCEL WEST OF
EAGLE ROAD BETWEEN FAIRVIEW
AND USTICK
Case No. CPA-99-001
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND
RECOMMENDATION
BY J-U-B ENGINEERS, INC.
~~~~~ ~~
~'~ ' 'i ? iQC~t~
~li i V~ .i1L~~~i H~j
The above entitled application for Comprehensive Plan amendment having
come on for public hearing on September 30, 1999, at the hour of 6:30 p.m., on said
date at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the
Planning and Zoning Commission having heard and taken oral and written testimony
and the Applicant appearing in person, and having duly considered the matter, the
Planning and Zoning Commission makes the following Findings of Fact and
Conclusions of Law:
FINDINGS OF FACT
1. A notice of the time, place, and a summary of the proposed amendment
plan to be discussed at the September 30, 1999, hearing was published fifteen (15)
days prior to said hearing; copies of all notices were made available to newspaper,
radio, and television stations; the matter was duly considered at the September 30,
1999, public hearing; and the public was given full opportunity to express comments
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT
J-U-B ENGINEERS, INC., -EAGLE ROAD - 1
and submit evidence.
2. There has been compliance with all notice and hearing requirements set
forth in the City of Meridian Comprehensive Plan and Idaho Code § 67-6509.
3. The property which is the subject of the application for amendment is
described in said application and by this reference is incorporated herein as if set
forth in full.
4. The Applicant is J-U-B Engineers, Inc., of 250 S. Beechwood Ave. Boise,
Idaho. The Applicant filed a written Comprehensive Plan amendment application.
5. Pursuant to the application, the affected property is generally described
as a 20 acre parcel on the west side of Eagle Road between Fairview and Ustick; the
properties to the north and west are residential, Carol's Subdivision and Carol's
Subdivision No. 2; east of the subject property is Eagle Road; across Eagle Road
scattered residential dwellings and agricultural land, and the property to the south is
currently agricultural farm land; the Applicant requests the Comprehensive Plan and
Land Use Map amendment to change from Single Family Residential to Mixed Use.
6. The Meridian Planning and Zoning Commission takes judicial notice of
its Zoning, Subdivision and Development Ordinances codified at Title 11, Municipal
Code of the City of Meridian and all current zoning maps thereof and the
Comprehensive Plan of the City of Meridian, adopted December 21, 1993, Ord. No.
629-Jan.4, 1994 and Maps and Ordinance establishing the Impact Area Boundary.
7. The Applicant requested the Comprehensive Plan amendment and the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT
J-U-B ENGINEERS, INC., -EAGLE ROAD - 2
application was not initiated at the request of the City of Meridian.
8. The proposed application requests a Comprehensive Plan amendment to
change the designation of the subject property from Single Family Residential to
Mixed Use. The designation change requires an amendment to the Comprehensive
Plan of the City of Meridian as requested by the Applicant. (City of Meridian
Comprehensive Plan, pg. 78-79).
g. The Applicant testified at the public hearing that the particular
characteristics of the affected property make the amendment desirable.
10. The Assistant to the City Engineer, Bruce Frecldeton, and the Assistant
Planner, Steve Siddo~vay, submitted comments by and through a Memorandum dated
September 28, 1999, and Bruce Freclcleton and Shari Stiles, Planning and Zoning
Administrator submitted comments by and through testimony during the September
30, 1999, public hearing on this matter. Such report and comments are hereby
incorporated herein, as follows:
10.1. Several Carol's Subdivision residents are concerned about higher
density housing and office uses in their "baclcvard". Specifically,
these uses would abut the rear property line of the first three lots
in Carol's Subdivision. The remaining 8 lots in Carol's
Subdivision that abut this project are adjacent to the elementary
school property.
10.2 In terms of land use, it makes sense that Eagle Road should
develop with office and commercial uses in the future, since Eagle
Road is a principal arterial/State Highway with vehicular noise,
high speeds, and other factors which are undesirable for single-
family residential development without extensive buffering.
FINDINGS OF FA O ACOMPREHENSIVE PLAN AM N MENT ION AND
RECOMMENDAT
J-U-B ENGINEERS, INC.> -EAGLE ROAD - 3
•i
10.3 Eagle Road is designated as a lim'io dination i oneedded among all o
Transportation Department. Co
the agencies involved to determine appropriate access and uses.
As Eagle Road has recently been constructed, there is a
moratorium on the cutting of any streets for utility extensions.
10.4 The property could be served, on a temporary basis, by the sewer
lift station that was constructed as part of shouldlbedre uired to
Subdivision. However, the property owner q
pay trunk line extension fees for construction of the South Slough
Trunk Line. This and other issues will be determined when
annexation and development applications are processed. Water
service to any future development is contingent upon positive
results from a hydraulic analysis by our computer model.
10.5 Staff recommends approval of the Comprehensive Plan
Amendment as a Mixed/Planned Use Development, with the
forewarning that a landscape buffer will be required between
Carol Subdivision and the proposed office and cottage home uses
as part of a development agreement when the property is annexed
to the City. Also, as Eagle Road is an entryway corridor,
minimumJlandscape setbacks will also be requested. Due to the
Mixed/Planned Use designation, all development applications will
require a Conditional Use Permit and design review by the
Planning Sz Zoning Commission and City Council. Appao rovala
change in the land use designation in no way indicate pp
of any concept plans presented.
11. The City of Meridian Fire Department's recommendations are hereby
incorporated as follows:
11.1 Applicants shall satisfy all fire code requirements including those
pertaining to water flow and fire hydrants.
11.2 The future signalized intersection will need to have Opticom
traffic system installed by Properties West, Inc.
11.3 When the future school is built applicant will need to construct
the road connection.
FINDINGS OF FA O ~OMPREHENSSIVE PLAN AMENLllMENT ION AND
RECOMMENDATI
J-U-B ENGINEERS, INC.> -EAGLE ROAD - 4
12. The Assistant to the City Engineer, Bruce Freclcleton, and the Assistant
City Planner, Steve Siddo~vav, in their comments dated September 28, 1999,
submitted a Comprehensive Plan analysis. That Comprehensive Plan analysis is
hereby incorporated herein.
Goal 3 is "to encourage the kind of economic growth and
development which supplies employment and economic self-
sufficiency for existing and future residents, reduces the present
reliance on Boise and strengthens the City's ability to finance and
implement public improvements, services, and its open space
character. "
Goal 4 of the Comprehensive Plan is "to provide housing
opportunities for all economic groups within the community-"
Goal 8 is "to establish compatible and efficient use of land
through the use of innovative and functional site design."
Economic Development
1.1 The City of Meridian shall make every effort to create a
positive atmosphere which encourages... commercial enterprises
to locate in Meridian.
1.2 It is the policy of the City of Meridian to set aside areas
where commercial and industrial interest and activities are to
dominate.
1.3 The character, site improvements and type of new
commercial or industrial developments should be harmonized
with the natural environment and respect the unique needs and
features of each area.
Land Use
1 .4U Encourage new development that reinforces the City's
present development pattern of higher density development
within the Old Town area and lower density development in
outlying areas.
FINDINGS OF FA O ~OMPREHENSSIVE PLAN AM NDMENT ION AND
gECOMMENDAT
J-U-B ENGINEERS, INC., -EAGLE ROAD - 5
~ !
13. The proposed designation change within the subject application would,
in fact, require an amendment to the Comprehensive Plan as determined by City
policy.
CONCLUSIONS OF LAW
All the procedural requirements of the Land Use Planning Act and of
the Comprehensive Plan of the City of Meridian were met including: notice of the
time, place, and a summary of the proposed amendment to the Plan, the publication
of which was fifteen (15) days prior to said hearing; copies of all notices were made
available to newspaper, radio, and television stations. (Meridian Comprehensive Plan
Implementation Chapter, Comprehensive Plan Amendment Section; Idaho Code §
67-6509(a)).
2. The City of Meridian shall exercise the powers conferred upon it by the
"Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the
"Land Use Planning Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §
67-6509).
3. The Meridian Planning and Zoning Commission may exercise all the
powers required and authorized under the "Land Use Planning Act" except the power
to adopt ordinances by the establishment of a Planning and Zoning Commission by
ordinance pursuant to Idaho Code § 67-67504 which the City Council of the City of
Meridian has established by the passage of the "City of Meridian Zoning and
Development Ordinance" at Title XI, Chapter I, Municipal Code of the City of
FINDINGS OF FACT AND CONCLUSIONS OF LA.W AND DECISION AND
RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT
J-U-B ENGINEERS, INC., -EAGLE ROAD - 6
•
Meridian.
•
4. The City Council or any group or person may petition the Planning and
Zoning Commission for a plan amendment at anv time. The following requirements,
time tables, and procedures to amend Meridian's Comprehensive Plan must be
satisfied:
A. Application to amend the Comprehensive Plan may be filed with
the Planning and Zoning Commission at any time.
B. The Applicant will submit a letter for a Plan amendment which
will contain the following;
4.B.1 Specific definition of the change requested.
4.B.2 Specific information on any property involved.
4. B.3 The condition or situation which warrants a change being
made in the Plan.
4.B.4 The public need for and benefit from such a change in the
Plan.
4.B.5 Documentation that no other solutions to the problem are
presented by the current policy of the Plan are possible or
reasonable.
4.B.6 Development intentions for any land involved.
4.B.7 Any other data and information needed by the Planning
and Zoning Commission in evaluating the proposal, such
as who does it help, who does it hurt, how much is it going
to cost and who is going to pay for it.
C. No application will be considered until the required information
is complete.
(Meridian Comprehensive Plan Implementation Chapter, Comprehensive Plan
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT
J-U-B ENGINEERS, INC., -EAGLE ROAD - 7
•
Amendments Section).
i
5. The Planning and Zoning Commission may recommend amendments to
the Comprehensive Plan to City Council not more frequently than every six (6)
months. (Idaho Code § 67-6509(d); Meridian Comprehensive Plan Implementation
Chapter, Comprehensive Plan Amendments Section)
6. Upon receipt of a complete application, the Planning and Zoning
Commission shall conduct at least (1) public hearing in which interested persons shall
have an opportunity to be heard. At least fifteen (15) days prior to the hearing,
notice of the time and place and a summary of the plan shall be published. The
Commission shall also make available a notice to newspapers, radio, and television
stations. (Idaho Code § 65-6509(a))
7. At said hearing, the proposed amendment shall be presented to the
Commission by the Applicant and the Commission shall accept testimony from the
public. Within forty-five (45) days of the hearing, the Commission shall make a
recommendation to the City Council, supported by Findings of Fact and Conclusions
of Law. (Meridian Comprehensive Plan Implementation Chapter, Comprehensive
Plan Amendments Section).
8. An Applicant shall be notified of the Commission's decision by mail.
Any Applicant whose application is denied may appeal to the City Council within
thirty (30) days from the date of notification of the decision, by filing a written
appeal stating the reasons for the appeal. (Meridian Comprehensive Plan
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT
J-U-B ENGINEERS, INC., -EAGLE ROAD - 8
•
Implementation Chapter, Comprehensive Plan Amendments Section)
9. To change a designation from Single Family Residential to Mixed Use
requires approval by the Planning and Zoning Commission as provided under the
City of Meridian Comprehensive Plan, Implementation Chapter Comprehensive Plan
Amendments Section.
10. Upon review of an amendment application relating to land use
designations, the Commission should take the following objectives into account:
10.1 Mixed-planned uses along the I-84 corridor, which are attractive
and compatible with high-volume traffic corridors.
10.2 Designating ample land for urban expansion and infill.
10.3 Quality residential neighborhoods, north, south, east, and west of
Old Town.
10.4 Planned mixed uses along I-84, Franklin Road, U.P. Railroad, and
Fairview Avenue corridors.
10.5 Buffers to the waste treatment plant.
10.6 Adequate school and park sites for quality living.
10.7 The importance of maintaining compatible land uses to ensure an
optimum quality of life.
10.8 Respect for the responsibilities and rights of land ownership.
10.9 Reinforce the role of the City in regulating the use of land
resources for the benefit of future generations.
10.10 Plan for multiple use of public facilities wherever feasible.
11. Upon review of an amendment application affecting residential
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT
J-U-B ENGINEERS, INC., -EAGLE ROAD - 9
•
designations, the Commission should take the following policies into account:
11.1 Support a variety of residential categories (urban, rural, single-
family, multi-family, townhouses, duplexes, apartments,
condominiums, etc.) for the purpose of providing the City with a
range of affordable housing opportunities.
11.2 Support strategies for the development of neighborhood parks
within all residential areas.
11.3 Protect and maintain residential neighborhood property values,
improve each neighborhood's physical condition and enhance its
quality of life for residents.
11.4 Encourage sidewalks and paved streets for all existing
neighborhoods through joint ACHD/Local Improvement District
programs.
11.5 Encourage compatible infill development which will improve
existing neighborhoods.
12. Having made the afore stated Findings of Fact and Conclusions of Law
the City of Meridian Planning and Zoning Commission hereby approves the
proposed application to amend the City of Meridian Comprehensive Plan as set forth
herein.
DECISION
The Meridian Planning and Zoning Commission determines that upon review
of the applicable standards, goals, policies and guidelines as set forth in the
Comprehensive Plan of the City of Meridian, the established record, and the
applicable law, that amendment of the Comprehensive Plan is warranted in the
instant case.
ey/Z:\Work~JVl\Meridian 15360M\Eagle Rd Comp Plan\PZ.fcs
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT
J-U-B ENGINEERS, INC., -EAGLE ROAD - 10
WHITE, PETERSON, PRUSS, MORROW &GIGRAY, P.A.
ATTORNEYS .AT LAW
JUSTIN P. AYLSWORTH PHILIP A. PETERSON
(CATHY ]. ED WARDS STEPHEN L. PRUSS
JULIE KLEIN FISCHER ERIC S. ROSSMAN
WM. F. GIGRAY, III TODD A. ROSSMAN
D. SAMUEL]OHNSON R. STEPHEN RUTHERFORD
WILLIAM A. MORROW DAVID M. SWARTLEY
WILLIAM E NICHOLS" TERRENCE R. WHITE"
CHRISTOPHER S. NYE
200 EAST CARLTON AVENUE, SUITE 3l
POST OFFICE BOX 1150
MERIDIAN, IDAHO 83680-1150
TEL (208) 288-2499
FAX (208) 288-2501
NAMPA OFFICE
I04 NINTH AVENUE SOUTH
POST OFFICE BOX 247
NAMPA, IDAHO 83653-0247
TEL (208) 466-9272
FAX (208) 466-4405
'ALSO ADMITTED IN OR
''ALSO ADMITTED IN WA
William G. Berg, Jr.
City Clerlc
Meridian City Hall
33 East Idaho
Meridian, Idaho 83642
~~~~
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CITY OF ~~IIIL~'~
Re: 1. Comprehensive Plan Amendment, Single Family Residential
To Mixed Use For A 20 Acres Parcel West of Eagle Road
Between Fairview and Usticlc/By: J-U-B Engineers, Inc. -
CPA-99-001
2. Comprehensive Plan Amendment, Single Family Residential
To Commercial for 4000 E. Fairview Ave.By: Developers
Diversified Realty Corporation -CPA-99-002
Dear Will:
Please find enclosed the originals of the Recommendations to the City
Cotulcil by the Planning and Zoning Commission on the above referenced applications.
Please note these matters will be heard before the City Council on November 3, 1999.
Shari Stiles and Gary Smith have been given copies of the above
Recommendations so they can be prepared at the hearing to specifically address the
Reconunendations of the Planning and Zoning Commission.
Verv truly yours, ~
,~~
R. Stephen Rutherford
Email via Internet (cu wt~,(;Owppmg.cam
PLEASE REPLY TO
MERIDIAN OFFICE
October 2S, 1999
Enclosures
•
•
interoffice
M E M O R A N D U M
To:
From:
Subject:
Date:
William G. Berg, Jr.
Wm. F. Gigray, III
J-U-B ENGNEERS, INC. /CPA-99-001
November 11, 1999
Will:
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Please find enclosed the original of the FINDINGS OF FACT AMID
CONCLUSIONS OF LAW, DECISION AND ORDER AMENDNG COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP, for the above matter, and set for the City Council
meeting on Tuesday, November 16, 1999.
Additionally, I have enclosed the original of the Resolution and Certificate of the
Clerk. Please make sure once the Resolution has been passed to provide a certified copy to the
Ada County Development Services, ATTN: Jeff Patlovich, Director, 650 Main Street, Boise,
Idaho 83702, telephone number 364-2277, if you have any questions..
Please serve conformed copies of the Findings and Resolution upon the
Applicant, Planning and Zoning Department, Public Works, City Attorney, and anyone who has
filed a demand for notice of Council's action.
If you have any questions, please advise.
mss/Z:`,Work\NC~Meridian 1 ~360M\Eagle Rd Comp Plan\FfClsDecOrdClkLtr.CPA
• •
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE )
APPLICATION OF J-U-B )
ENGINEERS, INC. FORA )
COMPREHENSIVE PLAN )
AMENDMENT TO CHANGE LAND)
USE FROM RESIDENTIAL TO )
MIXED/PLANNED USE )
DEVELOPMENT, LOCATED WEST)
OF EAGLE ROAD BETWEEN )
FAIRVIEW AND USTICK, )
MERIDIAN, IDAHO )
CASE NO. CPA-99-001
FINDINGS OF FACT AND
CONCLUSIONS OF LAW,
DECISION AND ORDER
AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE
MAP
The above entitled application for amendment to the City of Meridian's
Comprehensive Plan Generalized Land Use Map having come on for public hearing
before the City Council on the 3rd day of November, 1999, at the hour of 7:00 p.m.,
on said date at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and
appearing and offering testimony vas Shari Stiles, Planning and Zoning
Administrator, and no one appeared in opposition, and the Council having received
the record of this matter from the Planning and Zoning Commission, and having
received the "Findings of Fact and Conclusions of Law and Decision and
Recommendation of the Planning and Zoning Commission on this application, and
having duly considered the matter, the City Council makes the following Findings of
FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 1 OF 15
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP - J-U-B ENGINEERS
• •
Fact, Conclusions of Law, Decision and Order Amending Comprehensive Plan
Generalized Land Use Map.
FINDINGS OF FACT
1. A notice of the time, place, and a summary of the proposed amendment
plan to be discussed at t11e November 3, 1999, hearing was published fifteen (15)
days prior to said hearing; copies of all notices were made available to newspaper,
radio, and television stations; the matter was duly considered at the November 3,
1999, public hearing; and the public was given full opportunity to express comments
and submit evidence.
2. There has been compliance with all notice and hearing requirements set
forth in the City of Meridian Comprehensive Plan and Idaho Code § 67-6509.
3. The property which is the subject of the application for amendment is
herein described as follows to-wit:
See attached Exhibit "A"
•,
4. The subject real property is generally located along the west side of
Eagle Road, approximately half way between Fairview Avenue and Usticlc Road, and
twelve acres of the property lies within the City and is zoned R-4, and the remainder
is zoned RT, and lies within Ada County but within the City of Meridian Impact
Area boundaries, and is subject to the Comprehensive Plan of the City of Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 2 OF 15
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP - J-U-B ENGINEERS
i
5. The City has complied with the referral process with Ada County for the
requested amendment of the Comprehensive Plan.
6. The Applicant is J-U-B Engineers, Inc., of 250 S. Beechwood Ave. Boise,
Idaho. The Applicant filed a written Comprehensive Plan amendment application.
7. Pursuant to the application, the affected property is generally described
as a 20 acre parcel on the west side of Eagle Road between Fairview and Usticlc; the
properties to the north and west are residential, Carol's Subdivision and Carol's
Subdivision No. 2; east of the subject property is Eagle Road; across Eagle Road
scattered residential dwellings and agricultural land, and the property to the south is
currently agricultural farm land; the Applicant requests the Comprehensive Plan and
Land Use Map amendment to change from Single Family Residential to Mixed Use.
8. The Meridian City Council takes judicial notice of its Zoning,
Subdivision and Development Ordinances codified at Title 11, Municipal Code of
the City of Meridian and all current zoning maps thereof and the Comprehensive
Plan of the City of Meridian, adopted December 21, 1993, Ord. No. 629-Jan.4, 1994
and Maps and Ordinance establishing the Impact Area Boundary.
9. The Applicant requested the Comprehensive Plan amendment and the
application vas not initiated at the request of the City of Meridian.
10. The proposed application requests a Comprehensive Plan amendment to
FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 3 OF 1 S
DECISION AND ORDER AMENDING COMPREHENSNE
PLAN GENERALIZED LAND USE MAP - J-U-B ENGINEERS
change the designation of the subject property from Single Family Residential to
Mixed Use. The designation change requires an amendment to the Comprehensive
Plan of the City of Meridian as requested by the Applicant. (City of Meridian
Comprehensive Plan, pg. 78-79).
11. A portion of the subject property is in Ada County, zoned RT, and
located on the west side of Eagle Road, south of Leslie Drive, between Fairview
Avenue and Usticlc Road, approximately 750 feet north of the Mixed Use Zone
boundary, and 1100 south of Mixed/Planned Use Development Land area at Usticlc
Road and Eagle Road.
12. The condition or situation which warrants a change being made in the
Plan pertains to three conditions and they are as follows: 1. Eagle Road widening to
five lanes; 2. Future signalization at Eagle Road; and 3. A ne~v Meridian elementary
school. All three of these elements provide an excellent opportunity to capitalize on
the advantages of Mixed-Use for the 40-acre site. Eagle Road is a principal arterial
with traffic traveling at 55-60 mph which is not conducive to adjacent single family
living, when other land use options can provide buffering. Loud and continuous
vehicular noise, speed, safety issues, and air pollution are undesirable factors for
adjacent residential development. Professional offices, similar in appearance to
homes, can provide buffering and take advantage of the Eagle Road visibility which
FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 4 OF 15
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP - J-U-B ENGINEERS
! •
residential development does not need. Homes situated between the offices and the
elementary school allow the convenience of immediate school access by foot or bike.
Also, proposed signalization to Eagle Road will be shared by the three properties
malting the site eYCellent for the school, residential and professional offices access.
13. The greatest public need for and benefit from such a change in the Plan
is the increased compatibility of land uses that will benefit from the amendment.
Some of the advantages include: 1. Buffering of single family homes from Eagle Road;
2. Providing housing adjacent to the elementary school; and 3. Professional office
uses that provide landscaping and buffering to the above uses.
14. No other solutions to the problem as presented by the current policy of
the Plan are possible or reasonable because the Comprehensive Plan land use map
must be changed to allow for amixed-use project as proposed; currently it allows only
single family dwellings in the area.
15. The development intentions for any land involved are lo~v, residential-
looking professional offices (dentist, doctor, day care); single family homes and
elementary school.
16. The granting of this application will help the school district as it has
purchased the site and will be building a new elementary school for 650 students.
There will be office buildings along Eagle Road with residential design; cottage homes
FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 5 OF 15
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP - J-U-B ENGINEERS
transitioning to the school site. The 20-acre site will provide an excellent transition
buffer from the large commercial site at Eagle Road and Fairview to the existing single
family residential to the north.
17. In terms of land use, it makes sense that Eagle Road should develop
with office and commercial uses in the future, since Eagle Road is a principal
arteriaVState Highway with vehicular noise, high speeds, and other factors which are
undesirable for single-family residential development without extensive buffering.
18. The proposed designation change within the subject application would,
in fact, require an amendment to the Comprehensive Plan as determined by City
policy.
19. It has been more than 6 months prior to the date of the receipt of the
recommendation of the Planning and Zoning Commission in this matter that the
Commission has recommended amendments to the land use map component of the
Comprehensive Plan to the City Council.
CONCLUSIONS OF LAW
1. All the procedural requirements of the Land Use Planning Act and of
the Comprehensive Plan of the City of Meridian were met including: notice of the
time, place, and a summary of the proposed amendment to the Plan, the publication
of which was fifteen (15) days prior to said hearing; copies of all notices were made
FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 6 OF 15
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP - J-U-B ENGINEERS
s •
available to newspaper, radio, and television stations. (Meridian Comprehensive Plan
Implementation Chapter, Comprehensive Plan Amendment Section; Idaho Code §
67-6509(b)).
2. The City of Meridian shall exercise the powers conferred upon it by the
"Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the
"Land Use Planning Act" codified at Chapter 65, Title 67, Idaho Code (LC. §
67-6509).
3. The Meridian Planning and Zoning Commission may exercise all the
powers required and authorized under the "Land Use Planning Act" except the power
to adopt ordinances by the establishment of a Planning and Zoning Commission by
ordinance pursuant to Idaho Code § 67-6504 which the City Council of the City of
Meridian has established by the passage of the "City of Meridian Zoning and
Development Ordinance" at Title XI, Chapter I, Municipal Code of the City of
Meridian.
4. The City Council or any group or person inay petition the Planning and
Zoning Commission for a plan amendment at any time. The following requirements,
tune tables, and procedures to amend Meridian's Comprehensive Plan at pages 78 -
79 must be satisfied:
A. Application to amend the Comprehensive Plan may be filed with
FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 7 OF 15
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP - J-U-B ENGINEERS
~ ~
the Planning and Zoning Commission at any time.
B. The Applicant will submit a letter for a Plan amendment which
`vill contain the following;
4.B.1 Specific definition of the change requested.
4.B.2 Specific information on any property involved.
4.B.3 The condition or situation which warrants a change being
made in the Plan.
4.B.4 The public need for and benefit from such a change in the
Plan.
4.B.~ Documentation that no other solutions to the problem are
presented by the current policy of the Plan are possible or
reasonable.
4.B.6 Development intentions for any land involved.
4.B.7 Any other data and information needed by the Planning
and Zoning Commission in evaluating the proposal, such
as who does it help, who does it hurt, how much is it going
to cost and who is going to pay for it.
C. No application will be considered until the required information
is complete.
(Meridian Comprehensive Plan Implementation Chapter, Comprehensive Plan
Amendments Section).
5. The Commission may recommend amendments to the land use map
component of the Comprehensive Plan to the City Council not snore frequently than
one every six (6) months. (Idaho Code § 67-6509(d); Meridian Comprehensive Plan
FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 8 OF 15
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP - J-U-B ENGINEERS
•
Implementation Chapter, Comprehensive Plan Amendments Section)
6. The City Council may conduct a public hearing in addition to the
public hearing conducted by the Planning and Zoning Commission as provided by
Ordinance, prior to adoption, amendment, or repeal of the Comprehensive Plan using
the same notice and hearing procedures as the Commission, only after having
received the Recommendations from the Planning and Zoning Commission. Idaho
Code § 67-6509(b).
7. The Comprehensive Plan of the City of Meridian provides at page 79 in
Section F, G and H of the Section entitled "Comprehensive Plan Amendments" for
the procedure to be followed by the City Council upon receipt of the Planning and
Zoning Commission's recommendations to as follows:
F: Upon receipt of the Planning and Zoning Commission's
recommendations on Plan amendments, the City Council will set a date
for public hearing on the application. At the public hearing, the
proposed amendments will be presented and the City Council will
receive the report of is Committee, if one has been appointed, and
public testimony on each application.
G: At the public hearing or within 45 days thereafter, the City Council
shall approve or deny the application (except that with the written
agreement of the applicant, an additional amount of time, which shall
be specified, may be taken). All applicants shall be notified by mail of
the City Council's decision and the decision shall be supported by
findings of fact and conclusions of law. If the City Council makes a
material change in the proposed plan amendment it shall conduct one
additional public hearing prior to adopting the proposed amendment as
FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 9 OF 15
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP - J-U-B ENGINEERS
changed and may alter its findings of fact and conclusions of law.
H: All applications for Comprehensive Plan amendments shall be acted
upon by the City Council within 16 months from their date of filing
unless, upon written agreement of the applicant, an additional amount
of time may be specified, or unless the provisions of Section (1) are
applicable requiring additional time for study.
8. The Meridian Comprehensive Plan applies to the Meridian Area of City
Impact and the coordination of amendments and zoning applications in the Impact
Area are as follows:
1-11-6 Meridian City Code: Coordination ofAmendments and Zoning
Applications:
"A. County and City Coordination: All applications for Ada County and
Meridian amendments to their respective comprehensive plans and
implementing ordinances which apply within the area of City impact
shall be sent by the entity considering such amendment to the other
entity. A separate referral process shall be adopted by resolution by
each entity regarding procedures and time periods for, and the effect of,
sending such amendments, and such resolution may be amended from
time to time upon mutual agreement in writing by Ada County and the
City.
B. Applications To City: All Ada County applications for planned
developments, subdivisions, rezones, private roads, and conditional use
permits within the area of City impact shall be sent to Meridian, in
accordance with the referral process arrived at pursuant to subsection A
of this Section."
9. To change a designation from Single Family Residential to Mixed Use
FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 10 OF 15
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP - J-U-B ENGINEERS
•
requires approval by the Planning and Zoning Commission as provided under the
City of Meridian Comprehensive Plan, Implementation Chapter Comprehensive Plan
Amendments Section.
10. Upon review of an amendment application relating to land use
designations, the Council should take the following objectives into account:
10.1 Mixed-planned uses along the I-84 corridor, which are attractive
and compatible with high-volume traffic corridors.
10.2 Designating ample land for urban expansion and infill.
10.3 Quality residential neighborhoods, north, south, east, and west of
Old Town.
10.4 Planned mixed uses along I-84, Franklin Road, U.P. Railroad, and
Fairview Avenue corridors.
10.5 Buffers to the waste treatment plant.
10.6 Adequate school and park sites for quality living.
10.7 The importance of maintaining compatible land uses to ensure an
optimum quality of life.
10.8 Respect for the responsibilities and rights of land ownership.
10.9 Reinforce the role of the City in regulating the use of land
resources for the benefit of future generations.
10.10 Plan for multiple use of public facilities wherever feasible.
11. Upon review of an amendment application affecting residential
FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 11 OF 15
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP - J-U-B ENGINEERS
•
designations, the Council should take the following policies into account:
11.1 Support a variety of residential categories (urban, rural, single-
family, multi-family, townhouses, duplexes, apartments,
condominiums, etc.) for the purpose of providing the City with a
range of affordable housing opportunities.
11.2 Support strategies for the development of neighborhood parks
within all residential areas.
11.3 Protect and maintain residential neighborhood property values,
improve each neighborhood's physical condition and enhance its
quality of life for residents.
11.4 Encourage sidewalks and paved streets for all existing
neighborhoods through joint ACHD/Local Improvement District
programs.
11.5 Encourage compatible infill development which will improve
existing neighborhoods.
12. The requirements for a Comprehensive Plan are set forth in I.C. § 67-
6508. The statute provides in part that: "The plan shall consider previous and
existing conditions, trends, desirable goals and objectives, or desirable future
situations for each planning component. The maps and charts are based on the
components of the written plan."
FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 12 OF 15
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP - J-U-B ENGINEERS
•
DECISION AND ORDER
•
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN
ADOPTED, the City Council does hereby Order and this does Order that:
1. The Applicant's request for Comprehensive Plan Amendment to the
Generalized Land Use Map Component to change the real property described in
Finding of Fact no. 3 from a Single Family Residential designation to a
Mixed/Planned Use Development designation is granted.
2. The City Attorney is directed to prepare for consideration by the City
CoLmcil the appropriate Resolution directing the Comprehensive Plan Land Use Map
Component change of the subject real property from Single Family Residential to
Mixed Use/Planned Use Development.
3. Subsequent to the passage of the Resolution, provided for in Section 2
of this Order, the engineering staff of the Public Worlcs Department shall prepare the
appropriate mapping changes of the official Comprehensive Plan Generalized Land
Use Map component in conformance with this Order and the provisions of the
Resolution.
4. The City Cleric is to notify and provide a certified copy of the
Resolution to the appropriate Ada County officials to notify them of the
FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 13 OF 15
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP - J-U-B ENGINEERS
•
Comprehensive Plan amendment.
NOTICE OF FINAL ACTION
Please talce notice that this is a final action of the governing body of the City
of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person
who has an interest in real property which may be adversely affected by the issuance
or denial of the Comprehensive Plan Land Use Map change may, within twenty-eight
(28) days after the date of this decision and order, seek a judicial review as provided
by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the /~~~ day of
~~lieh~-~2~. , 1999.
ROLL CALL
COUNCILMAN RON ANDERSON
COUNCILMAN GLENN BENTLEY
COUNCILMAN KEITH BIRD
VOTED
VOTED
VOTED
COUNCILMAN CHARLIE ROUNTREE VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 14 OF 15
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP - J-U-B ENGINEERS
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: f ~-~~~ ~ ~~
MOTION:
APPROVED:
VOTED
DISAPPROVED:
Copy served upon Applicant, Planning and Zoning Department, Public Worlcs
Department, appropriate Ada County officials, and the City Attorney.
B ~ ~ /~` f
v
City Clerlc
Dated: ~~~~t~ ~,
msw/Z:AWork~Nl\1Vleridian 15360Ivi\Eagle Rd Comp Plan\FfClDecordCPA
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FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 15 OF 15
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP - J-U-B ENGINEERS
~y i -.. ~
SCHEDULE A
PARCEL A
Fart of the Southeast quarter of the Northeast Quarter of Section
5, Township 3 North, Range 1 East, of the Boise Meridian, Ada
County Idaho, described as follows:
Commencing at the Northeast corner of Section 5, Township 3 North,
Range 1 East, Boise Meridian, Ada County, Idaho, thence
South on the East line of said Section 5 (which is the middle of
State Highway No. 69) for a distance of 2,283.0 feet to a spike in
the center of State Highway No. 69, the REAL PLACE OF BEGINNING;
thence
North 8 9 ° 4 8 ' West f or a distance of 1, 317.3 3 f eet to a point in the
Westerly fence line; thence
North 0.0°08' West for a distance of 320.0 feet to a point; thence
South 89°48' East for a distance of 1,318.08 feet to a spike in the
East line of said Section 5; thence
South along the East line of said Section 5 for a distance of 320.0
feet to a spike in the middle of said State Highway No. 69, the
REAL POINT OF BEGINNING.
EXCEPT ditch and road rights of way.
EXCEPT right of way for EAGLE ROAD.
PARCEL B
Part of the Southeast quarter of the Northeast quarter of Section
5, Township 3 North, Range 1 East, of the Boise Meridian, Ada
County Idaho, described as follows:
Commencing at the Northeast corner of Section 5, Township 3 North,
Range 1 East, Boise Meridian, Ada County, Idaho, thence
South on tl~e East line of said Section 5 (which is the middle of
State Highway No. 69) for a distance of 2,610.96 f eet to a spike
in the center of State Highway No. 69, at the East quarter corner
of said Section 5, the REAL PLACE OF BEGINNING; thence
South 89°45' West for a distance of 1,316.54 feet to the 1/16th
corner of said Section 5, a 3/4" steel pin; thence
North 0.0°08' West for a distance of 339.07 feet to a point; thence
South 89°48' East for a distance of 1,317.33 feet to a spike in the
East line of said Section 5; thence
South 327.86 feet along the East line of said Section 5 to a spike
in the middle of State Highway No. 69, REAL POINT OF BEGINNING.
EXCEPT ditch and road rights of way.
EXCEPT right of ways for EAGLE ROAD and STOKESBERRY LATERAL.
EXHIBIT "A"
CPA-99-001
•
RESOLUTION NO. ~ ~ J
~%~ ~~~~v,~rC~~yt~~
A RESOLUTION FINDING THAT THE OWNER (~F CERTAIN REAL
PROPERTY HAS MADE A WRITTEN APPLICATION FOR THE
AMENDMENT OF THE MERIDIAN COMPREHENSIVE PLAN
GENERALIZED LAND USE MAP COMPONENT FOR THE DESIGNATION
OF REAL PROPERTY THAT LIES PARTIALLY WITHIN THE BOUNDARIES
OF THE CITY OF MERIDIAN AND PARTIALLY WITHIN THE IMPACT
AREA OF THE CITY OF MERIDIAN FROM "SINGLE-FAMILY RESIDENTIAL
DESIGNATION TO A MIXED/PLANNED USE DEVELOPMENT
DESIGNATION" AND REPEALING ALL ORDINANCES, RESOLUTIONS
ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND
DIRECTING THE CITY ENGINEER TO PREPARE THE APPROPRIATE
MAPPING CHANGES OF THE OFFICIAL COMPREHENSIVE PLAN
GENERALIZED LAND USE MAP COMPONENT AND DIRECTING THE
CITY CLERK TO NOTIFY AND PROVIDE A CERTIFIED COPY OF THE
RESOLUTION TO THE APPROPRIATE ADA COUNTY OFFICIALS.
BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF
THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO:
Section 1. Findings:
1. The owner of the following described property has made a written
application for a real property designation Comprehensive Plan Amendment to the
Generalized Land Use Map Component change from a Single Family Residential
designation to a Mixed/ Panned Use Development designation.
2. The City of Meridian Planning and Zoning Commission and the City
Council having given notice and conducted all public hearings in accordance with
law, and having duly notified Ada County of said application and having received
their comments, and having issued its Findings of Fact and Conclusions of Law,
Decision and Order Granting the Application; and
RESOLUTION -PAGE 1 OF 3
• •
3. The Real property which is the subject of this resolution is legally described
as follows:
See attached Exhibit "A"
Section 2. The above described real property be and the same is hereby re-
designated on the Comprehensive Generalized Land Use Map from Single Family
Residential to Mixed/ Planned Use Development.
Section 3. The engineering staff of the Public Worlcs Department shall
prepare the appropriate mapping changes of the official Comprehensive Plan
Generalized Land Use Map component in conformance with the provisions of the
Resolution.
Section 4. The City Cleric is to notify and provide a certified copy of the
resolution to the appropriate Ada County officials to notify them of the
comprehensive plan amendment.
Section 5. All ordinances, resolutions, orders or parts thereof in conflict
herewith are hereby repealed, rescinded and annulled.
Section 6. This ordinance shall be in full force and effect from and after its
passage, approval and publication, according to law.
PASSED BY.THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this l~
day of pl//~h--~~ , 1999.
~~OVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
day of ~~Gre/~~.1~- , 1999.
ATTEST:
City Cleric
RESOLUTION -PAGE 2 OF 3
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STATE OF IDAHO,
County of Ada,
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On this ~~ day of ~~ ~~~~~- 1999, before me, the
undersigned, Notary Public in and for said State, personally appeared ROBERT D.
CORRIE and WILLIA..NI G. BERG, JR., known to me to be the Mayor and City Clerk
of the City of Meridian, Idaho, and who executed the within instrument, and
aclalowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year first above written.
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RESOLUTION -PAGE 3 OF 3
,. •
i
BCgEDIILE 11
DARC°L a
Part of the Southeast Quarter of the Northeast quarter of Section
5, Township ~ North, Range 1 East, of the Boise Meridian, Ada
Count:r Idaho, described as follows:
Commencing at the Northeast corner of Section 3, Township 3 North,
Range 1 East, Boise Meridian, Ada County, Idaho, thence
South on the East line of said Section 5 (which is the middle of
State Hiahway No. 69) for a distance of 2,283.0 feet to a spike ?n
the center of Scat= tIighway No. 69, the REAL PLACE OF BEGINNING;
thence
North 89°48' West for a distance of 1,317.33 feet to a point in the
Westerly fences line; thence
North 0.0°08' West for a distance of 320.0 feet to a point; thence
South 89°48' East for a distance of 1,318.08 feet to a spike in the
East line of said Section 5; thence
South along the East line of said Section 5 for a distance of 320.0
feet to a spike in the middle of said State Hiahway No. 69, the
REAL POINT OF BEGINNING.
EXCEPT ditch and road rights of way.
EXCEPT right of way f~- EAGLE ROAD.
PARCEL B
Part of the Southeast Quarter of the Northeast quarter of Section
5, Township 3 North, Range 1 East of the Boise Meridian, Ada
County Idaho, described as follows:
Commencing at the Northeast corner of Section 5, Township 3 North,
Ranae 1 East, Boise Meridian, Ada County, Idaho, thence
South on the East line of said Section 5 (which i s the middle of
State Hiahway No. 69) for a distance of 2,610.96 feet to a spike
in the center of State Hiahway No. 69, at the East Quarter corner
of said Section ~, the REAL PLACE OF BEGINNING; thence
South 89°45' West for a distance of 1,316.54 feet to the I/16th
corner of said Section 5, a 3/4" steel pin; thence
North 0.0°OS' West for a distance of 339.07 feet to a point; thence
South 89°48' East for a distance of 1,317.33 feet to a spike in the
East line of said Section 5; thence
South 327.86 feet along the East line of said Section 5 to a spike
in the middle of State Highway No. 69, REAL POINT OF BEGINNING.
EXCEPT ditch and road rights of way.
EXCEPT right of ways for EAGLc~ ROAD and STOKESBERR`_' LATERAL.
EYHIBIT ".-~"
CPA-99-OU 1
•
CERTIFICATE OF CLERK
OF
THE CITY OF MERIDIAN
A RESOLUTION FINDING THAT THE OWNER OF CERTAIN REAL
PROPERTY HAS MADE A WRITTEN APPLICATION FOR THE AMENDMENT
OF THE MERIDIAN COMPREHENSIVE PLAN GENERALIZED LAND USE MAP
COMPONENT FOR THE DESIGNATION OF REAL PROPERTY THAT LIES
PARTIALLY WITHIN THE BOUNDARIES OF THE CITY OF MERIDIAN AND
PARTIALLY WITHIN THE IMPACT AREA OF THE CITY OF MERIDIAN FROM
"SINGLE-FAMILY RESIDENTIAL DESIGNATION TO A MIXED/PLANNED USE
DEVELOPMENT DESIGNATION" AND REPEALING ALL ORDINANCES,
RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREtiVITH;
A1~1D DIRECTING THE CITY ENGINEER TO PREPARE THE APPROPRIATE
MAPPING CHANGES OF THE OFFICIAL COMPREHENSIVE PLAN
GENERALIZED LAND USE MAP COMPONENT AND DIRECTING THE CITY
CLERK TO NOTIFY AND PROVIDE A CERTIFIED COPY OF THE
RESOLUTION TO THE APPROPRIATE ADA COUNTY OFFICIALS.
BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE
CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO:
Section 1. Findings:
1. The owner of the following described property has made a written
application for a real property designation Comprehensive Plan Amendment to the
Generalized Land Use Map change from a Single Family Residential designation to a
Mixed/ Panned Use Development designation.
2. The City of Meridian Planning and Zoning Commission and the City
Council having given notice and conducted all public hearings in accordance with
law, and having duly notified Ada County of said application and having received
their comments, and having issued its Findings of Fact and Conclusions of Law,
Decision and Order Granting the Application; and
3. The Real property which is the subject of this resolution is legally described
as follows:
See attached E.rhibrt "A"
~ ~
Section 2. The above described real property be and the same is hereby re-
designated on the Comprehensive Generalized Land Use Nlap from Single Family
Residential to Mixed/ Planned Use Development.
Section 3. The engineering staff of the Public Worlcs Department shall
prepare the appropriate mapping changes of the official Comprehensive Plan
Generalized Land Use Map component in conformance with the provisions of the
Resolution.
Section 4. The City Cleric is to notify and provide a certified copy of the
resolution to the appropriate Ada County officials to notify them of the
comprehensive plan amendment.
Section ~. All ordinances, resolutions, orders or parts thereof in conflict
herewith are hereby repealed, rescinded and annulled.
Section 6. This ordinance shall be in full force and effect from and after its
passage, approval and publication, according to law.
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William G. Berg, Jr. r ~=
City Cleric ~~~
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STATE OF IDAHO, ) '= 9~ hr Ts~ ' ~
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County of Ada, ) f''"'"t~~+-o~""~`~~
On this ~ day of , in the year 1999, before me,
/v, ~~ ~ 0 I/~,Q,~,~,•L , a Notary Public, appeared WILLIAM
G. BERG, JR., known or identified to me to be the City Cleric of the City of
Meridian, Id~lat executed the said instrument, and acknowledged to me that he
executec~.tR~ea~lE$p~fdjehalf of the City of Meridian.
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msg/Z:\WorkUvl~l~f~dFdA~~~360M\Eagie Rd Comp Plan\CertofCll<.CPA
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/ BCgEDQLE 11
PARCEL A
Part of the Southeast quarter of the Northeast quarter of Sa~tion
S, Township 3 North, Range 1 East, of the Hoise Meridian, Ada
County Idaho, described as follows:
Commencing at the Northeast corner of Sea ion f, Township 3 Nortz,
Rance 1 East, Boise Meridian, Ada County, Idaho, thence
South on the East line of said Section 5 (which is the middle of
State Highway No. 69) for a distance of 2,283.0 feet to a spike in
the center of State Eiighway No. 69, the REAL PLACE OF BEGINNING;
thence
North 8 9 ° 4 8 ' West f or a distance of 1, 317.33 f eet to a point in t_he
Westerly f ence line; thence
North O.Q°08' West for a distance of 320.0 feet to a point; thence
South 89°48' East for a distancs of 1,318.08 feet to a spike in the
East line of said Section 5; thence
South along the East line of said Section 5 for a distance of 320.0
feet to a spike in the middle of said State Highway No. 63, the
REAL POINT OF BEGINNING.
EXCEPT ditch and road rights of way.
EXCEPT right of way fc-- EAGLE ROAD.
PARCEL B
Part of the Southeast quarter of the Northeast quarter of Section
5, Township 3 North, Range 1 East, of the Boise Meridian, Ada
County Idaho, described as follows:
Commencing at the Northeast corner of Section 5, ToWI25hip 3 North,
Range 1 East, Boise Meridian, Ada County, Idaho, thence
South on the East line of said Section 5 (which is the middle of
State Highway No. 69) for a distance of 2,610.96 f eet to a spike
in the center of State Highway No. 69, at the East quarter corner
of said Section 5, the REAL PLACE OF BEGINNING; thence
South 89 ° 4 5 ' West f or a distance of 1, 316.54 f eet to the 1/ 16th
corner of said Section 5, a 3/4^ steel pin; thence
North 0.0°OS' West for a distancs of 339.07 feet to a point; thence
South 89°48' East for a distancs of 1,317.33 feet to a sa_ ike in the
East line of said Section 5; thence
South 327.86 feet along the East line of said Section 5 to a spike
in the middle of State Highway No. 69, REAL POINT OF BEGINNING.
EXCEPT ditch and road rights of way.
EXCEPT right of ways for EAGLa ROAD and STOKESBERRY LATERAL.
E: ~HIB IT " ~"
CPA-99-00 I
r:
BEFORE THE PLANNING AND ZONING COMMISSION OF
THE CITY OF MERIDIAN
In the Matter of the Request for
COMPREHENSIVE PLAN
AMENDMENT -SINGLE FAMILY
RESIDENTIAL TO MIXED USE FOR
A 20 ACRE PARCEL WEST OF
EAGLE ROAD BETWEEN FAIRVIEW
AND USTICK
BY j-U-B ENGINEERS, INC.
Case No. CPA-99-001
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND
RECOMMENDATION
--,
i ~----, ~.-.
C ~ f ~ !~9~
CITY ~~+ ~1G~ii~i~.~
The above entitled application for Comprehensive Plan amendment having
come on for public hearing on September 30, 1999, at the hour of 6:30 p.m., on said
date at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the
Planning and Zoning Commission having heard and taken oral and written testimony
and the Applicant appearing in person, and having duly considered the matter, the
Planning and Zoning Commission makes the following Findings of Fact and
Conclusions of Law:
FINDINGS OF FACT
1. A notice of the time, place, and a summary of the proposed amendment
plan to be discussed at the September 30, 1999, hearing was published fifteen (15)
days prior to said hearing; copies of all notices were made available to newspaper,
radio, and television stations; the matter was duly considered at the September 30,
1999, public hearing; and the public was given full opportunity to express comments
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT
J-U-B ENGINEERS, INC., - F.AGLE ROAD - 1
and submit evidence.
•
2. There has been compliance with all notice and hearing requirements set
forth in the City of Meridian Comprehensive Plan and Idaho Code § 67-6509.
3. The property which is the subject of the application for amendment is
described in said application and by this reference is incorporated herein as if set
forth in full.
4. The Applicant is J-U-B Engineers, Inc., of 250 S. Beechwood Ave. Boise,
Idaho. The Applicant filed a written Comprehensive Plan amendment application.
5. Pursuant to the application, the affected property is generally described
as a 20 acre parcel on the west side of Eagle Road between Fairview and Usticlc; the
properties to the north and west are residential, Carol's Subdivision and Carol's
Subdivision No. 2; east of the subject property is Eagle Road; across Eagle Road
scattered residential dwellings and agricultural land, and the property to the south is
currently agricultural farm land; the Applicant requests the Comprehensive Plan and
Land Use Map amendment to change from Single Family Residential to Mixed Use.
6. The Meridian Planning and Zoning Commission takes judicial notice of
its Zoning, Subdivision and Development Ordinances codified at Title 11, Municipal
Code of the City of Meridian and all current zoning maps thereof and the
Comprehensive Plan of the City of Meridian, adopted December 21, 1993, Ord. No.
629-Jan.4, 1994 and Maps and Ordinance establishing the Impact Area Boundary.
7. The Applicant requested the Comprehensive Plan amendment and the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT
J-U-B ENGINEERS, INC., -EAGLE ROAD - 2
•
application was not initiated at the request of the City of Meridian.
8. The proposed application requests a Comprehensive Plan amendment to
change the designation of the subject property from Single Family Residential to
Mixed Use. The designation change requires an amendment to the Comprehensive
Plan of the City of Meridian as requested by the Applicant. (City of Meridian
Comprehensive Plan, pg. 78-79).
9. The Applicant testified at the public hearing that the particular
characteristics of the affected property make the amendment desirable.
10. The Assistant to the City Engineer, Bruce Freclcleton, and the Assistant
Planner, Steve Siddoway, submitted comments by and through a Memorandum dated
September 28, 1999, and Bruce Freclcleton and Shari Stiles, Planning and Zoning
Administrator submitted comments by and through testimony during the September
30, 1999, public hearing on this matter. Such report and comments are hereby
incorporated herein, as follows:
10.1. Several Carol's Subdivision residents are concerned about higher
density housing and office uses in their "backyard". Specifically,
these uses would abut the rear property line of the first three lots
in Carol's Subdivision. The remaining 8 lots in Carol's
Subdivision that abut this project are adjacent to the elementary
school property.
10.2 In terms of land use, it makes sense that Eagle Road should
develop with office and commercial uses in the future, since Eagle
Road is a principal arterial/State Highway with vehicular noise,
high speeds, and other factors which are undesirable for single-
family residential development without extensive buffering.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT
J-U-B ENGINEERS, INC., -EAGLE ROAD - 3
10.3 Eagle Road is designated as a limited access corridor by the Idaho
Transportation Department. Coordination is needed among all
the agencies involved to determine appropriate access and uses.
As Eagle Road has recently been constructed, there is a
moratorium on the cutting of any streets for utility extensions.
10.4 The property could be served, on a temporary basis, by the sewer
lift station that was constructed as part of the Packard
Subdivision. However, the property owner should be required to
pay trunk line extension fees for construction of the South Slough
Trunk Line. This and other issues will be determined when
annexation and development applications are processed. Water
service to any future development is contingent upon positive
results from a hydraulic analysis by our computer model.
10.5 Staff recommends approval of the Comprehensive Plan
Amendment as a Mixed/I'lanned Use Development, with the
forewarning that a landscape buffer will be required between
Carol Subdivision and the proposed office and cottage home uses
as part of a development agreement when the property is annexed
to the City. Also, as Eagle Road is an entryway comdor,
minimum landscape setbacks will also be requested. Due to the
Mixed/Planned Use designation, all development applications will
require a Conditional Use Permit and design review by the
Planning ~ Zoning Commission and City Council. Approval of a
change in the land use designation in no way indicates approval
of any concept plans presented.
11. The City of Meridian Fire Department's recommendations are hereby
incorporated as follows:
11.1 Applicants shall satisfy all fire code requirements including those
pertaining to water flow and fire hydrants.
11.2 The future signalized intersection will need to have Opticom
traffic system installed by Properties West, Inc.
11.3 When the future school is built applicant will need to construct
the road connection.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT
J-U-B ENGINEERS, INC., -EAGLE ROAD - 4
•
12. The Assistant to the City Engineer, Bruce Freclcleton, and the Assistant
City Planner, Steve Siddowav, in their comments dated September 28, 1999,
submitted a Comprehensive Plan analysis. That Comprehensive Plan analysis is
hereby incorporated herein.
Goal 3 is "to encourage the kind of economic growth and
development which supplies employment and economic self-
sufficiencv for existing and future residents, reduces the present
reliance on Boise and strengthens the City's ability to finance and
implement public improvements, services, and its open space
character."
Goal 4 of the Comprehensive Plan is "to provide housing
opportunities for all economic groups within the community."
Goal 8 is "to establish compatible and efficient use of land
through the use of innovative and functional site design."
Economic Development
1.1 The City of Meridian shall make every effort to create a
l ~
positive atmosphere which encourages... commercial enterprises
to locate in Meridian.
1.2 It is the policy of the City of Meridian to set aside areas
where commercial and industrial interest and activities are to
dominate.
1.3 The character, site improvements and type of new
commercial or industrial developments should be harmonized
with the natural environment and respect the unique needs and
features of each area.
Land Use
1 .4U Encourage new development that reinforces the City's
present development pattern of higher density development
within the Old Town area and lower density development in
outlying areas.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT
J-U-B ENGINEERS, INC., -EAGLE ROAD - 5
•
13. The proposed designation change within the subject application would,
in fact, require an amendment to the Comprehensive Plan as determined by City
policy.
CONCLUSIONS OF LAW
All the procedural requirements of the Land Use Planning Act and of
the Comprehensive Plan of the City of Meridian were met including: notice of the
time, place, and a summary of the proposed amendment to the Plan, the publication
of which was fifteen (15) days prior to said hearing; copies of all notices were made
available to newspaper, radio, and television stations. (Meridian Comprehensive Plan
Implementation Chapter, Comprehensive Plan Amendment Section; Idaho Code §
67-6509(a)).
2. The City of Meridian shall exercise the powers conferred upon it by the
"Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the
"Land Use Planning Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §
67-6509).
3. The Meridian Planning and Zoning Commission may exercise all the
powers required and authorized under the "Land Use Planning Act" except the power
to adopt ordinances by the establishment of a Planning and Zoning Commission by
ordinance pursuant to Idaho Code § 67-67504 which the City Council of the City of
Meridian has established by the passage of the "City of Meridian Zoning and
Development Ordinance" at Title XI, Chapter I, Municipal Code of the City of
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT
J-U-B ENGINEERS, INC., -EAGLE ROAD - 6
Meridian.
4. The City Council or any group or person may petition the Planning and
Zoning Commission for a plan amendment at anv time. The following requirements,
time tables, and procedures to amend Meridian's Comprehensive Plan must be
satisfied:
A. Application to amend the Comprehensive Plan may be filed with
the Planning and Zoning Commission at anv time.
B. The Applicant will submit a letter for a Plan amendment which
will contain the following;
4.B.1 Specific definition of the change requested.
4.B.2 Specific information on anv property involved.
4.B.3 The condition or situation which warrants a change being
made in the Plan.
4.B.4 The public need for and benefit from such a change in the
Plan.
4.B.5 Documentation that no other solutions to the problem are
presented by the current policy of the Plan are possible or
reasonable.
4. B. 6 Development intentions for any land involved.
4.B.7 Any other data and information needed by the Planning
and Zoning Commission in evaluating the proposal, such
as who does it help, who does it hurt, how much is it going
to cost and who is going to pay for it.
C. No application will be considered until the required information
is complete.
(Meridian Comprehensive Plan Implementation Chapter, Comprehensive Plan
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT
J-U-B ENGINEERS, INC., -EAGLE ROAD - 7
.Amendments Section).
5. The Planning and Zoning Commission may recommend amendments to
the Comprehensive Plan to City Council not more frequently than every six (6)
months. (Idaho Code § 67-6509(d); Meridian Comprehensive Plan Implementation
Chapter, Comprehensive Plan Amendments Section)
6. Upon receipt of a complete application, the Planning and Zoning
Commission shall conduct at least (1) public hearing in which interested persons shall
have an opportunity to be heard. At least fifteen (15) days prior to the hearing,
notice of the time and place and a summary of the plan shall be published. The
Commission shall also make available a notice to newspapers, radio, and television
stations. (Idaho Code § 65-6509(a))
7. At said hearing, the proposed amendment shall be presented to the
Commission by the Applicant and the Commission shall accept testimony from the
public. Within forty-five (45) days of the hearing, the Commission shall make a
recommendation to the City Council, supported by Findings of Fact and Conclusions
of Law. (Meridian Comprehensive Plan Implementation Chapter, Comprehensive
Plan Amendments Section).
8. An Applicant shall be notified of the Commission's decision by mail.
Any Applicant whose application is denied may appeal to the City Council within
thirty (30) days from the date of notification of the decision, by filing a written
appeal stating the reasons for the appeal. (Meridian Comprehensive Plan
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT
J-U-B ENGINEERS, INC., -EAGLE ROAD - 8
i •
Implementation Chapter, Comprehensive Plan Amendments Section)
9. To change a designation from Single Family Residential to Mixed Use
requires approval by the Planning and Zoning Commission as provided under the
City of Meridian Comprehensive Plan, Implementation Chapter Comprehensive Plan
Amendments Section.
10. Upon review of an amendment application relating to land use
designations, the Commission should take the following objectives into account:
10.1 Mixed-planned uses along the I-84 corridor, which are attractive
and compatible with high-volume traffic corridors.
10.2 Designating ample land for urban expansion and infill.
10.3 Quality residential neighborhoods, north, south, east, and west of
Old Town.
10.4 Planned mixed uses along I-84, Franklin Road, U.P. Railroad, and
Fairview Avenue corridors.
10.5 Buffers to the waste treatment plant.
10.6 Adequate school and park sites for quality living.
10.7 The importance of maintaining compatible land uses to ensure an
optimum quality of life.
10.8 Respect for the responsibilities and rights of land ownership.
10.9 Reinforce the role of the City in regulating the use of land
resources for the benefit of future generations.
10.10 Plan for multiple use of public facilities wherever feasible.
11. Upon review of an amendment application affecting residential
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT
J-U-B ENGINEERS, INC., -EAGLE ROAD - 9
designations, the Commission should take the following policies into account:
1 1.1 Support a variety of residential categories (urban, rural, single-
family, multi-family, townhouses, duplexes, apartments,
condominiums, etc.) for the purpose of providing the City with a
range of affordable housing opportunities.
11.2 Support strategies for the development of neighborhood parks
within all residential areas.
11.3 Protect and maintain residential neighborhood property values,
improve each neighborhood's physical condition and enhance its
quality of life for residents.
11.4 Encourage sidewalks and paved streets for all existing
neighborhoods through joint ACHD/Local Improvement District
programs.
11.5 Encourage compatible infill development which will improve
existing neighborhoods.
12. Having made the afore stated Findings of Fact and Conclusions of Law
the City of Meridian Planning and Zoning Commission hereby approves the
proposed application to amend the City of Meridian Comprehensive Plan as set forth
herein.
DECISION
The Meridian Planning and Zoning Commission determines that upon review
of the applicable standards, goals, policies and guidelines as set forth in the
Comprehensive Plan of the City of Meridian, the established record, and the
applicable law, that amendment of the Comprehensive Plan is warranted in the
instant case.
ey/Z:\WorkWt\Meridian 15360M\Eagle Rd Comp Plan\PZ.fcs
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT
J-U-B ENGINEERS, INC., -EAGLE ROAD - 10
•
WHITE, PETERSON, PRUSS, MORROW &GIGRAY, P.A.
ATTORNEYS AT LAW
JUSTIN P. AYLSWORTH PHILIP A. PETERSON
KATHY J. EDWARDS STEPHEN L. PRUSS
JULIE KLEIN FISCHER ERIC S. ROSSMAN
WM. E GIGRAY, 111 TODD A. ROSSMAN
D. SAMUEL JOHNSON R. STEPHEN RUTHERFORD
WILLIAM A. MORROW DAVID M. SWARTLEY
WILLIAM E NICHOLS~ TERRENCE R. WHITE ~"
CHRISTOPHER S. NYE
200 EAST CARLTON AVENUE, SUITE 31
POST OFFICE BOX 1150
MERIDIAN, IDAHO 83680-1150
TEL (208) 288.2499
FAX (208) 288-2501
NAMPA OFFICE
l04 NINTH AVENUE SOUTH
POST OFFICE BOX 247
NAMPA, IDAHO 83653.0247
TEL (208) 466.9272
FAX (208) 466-4405
'ALSO ADMITTED IN OR
"ALSO ADMITTED IN WA
~ti'illiam G. Berg, Jr.
City Clerlc
Meridian City Hall
33 East Idaho
Meridian, Idaho 83642
~~~~~
„-
CITY OF 3~TER,IDL~:'v'
Re: 1. Comprehensive Plan Amendment, Single Family Residential
To Mixed Use For A 20 Acres Parcel West of Eagle Road
Between Fairview and Usticlc/By: J-U-B Engineers, Inc. -
CPA-99-001
2. Comprehensive Plan Amendment, Single Family Residential
To Commercial for 4000 E. Fairview Ave.By: Developers
Diversified Realty Corporation -CPA-99-002
Dear Will:
Please find enclosed the originals of the Recommendations to the City
Council by the Planning and Zoning Commission on the above referenced applications.
Please note these matters will be heard before the City Council on November 3, 1999.
Shari Stiles and Gary Smith have been given copies of the above
Recommendations so they can be prepared at the hearing to specifically address the
Recommendations of the Planning and Zoning Commission.
Very truly yours,
,~~
R. Stephen Rutherford
Email via Internet C~ wt~~r,wppmg.com
PLEASE REPLY TO
MERIDIAN OFFICE
October 28, 1999
Enclosures
~ r
interoffice
M E M O R A N D U M
TO:
From:
Subject:
Date:
William G. Berg, Jr.
Wm. F. Gigray, III
J-U-B ENGINEERS, INC. /CPA-99-001
November 11, 1999
Will:
~l ~ j~-~~-~y
~~-,- ~- ~
r ry
yam' -ti;~
^. 1 1ny~~
~11 i iji~ :i'LL' i~L~~
Please find enclosed the original of the FINDINGS OF FACT AND
CONCLUSIONS OF LAW, DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP, for the above matter, and set for the City Council
meeting on Tuesday, November 16, 1999.
Additionally, I have enclosed the original of the Resolution and Certificate of the
Clerk. Please make sure once the Resolution has been passed to provide a certified copy to the
Ada County Development Services, ATTN: Jeff Patlovich, Director, 6~0 Main Street, Boise,
Idaho 8370?, telephone number 364-?277, if you have any questions..
Please serve conformed copies of the Findings and Resolution upon the
Applicant, Planning and Zoning Department, Public Works, City Attorney, and anyone who has
filed a demand for notice of Council's action.
If you have any questions, please advise.
mso/Z:\Work\M\Meridian 1~360M\Ea~le Rd Comp Plan\FfClsDecOrdClkLtr.CPA
•
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE )
APPLICATION OF J-U-B )
ENGINEERS, INC. FORA )
COMPREHENSIVE PLAN )
AMENDMENT TO CHANGE LAND)
USE FROM RESIDENTIAL TO )
MIXED/PLANNED USE )
DEVELOPMENT, LOCATED WEST)
OF EAGLE ROAD BETWEEN )
FAIRVIEW AND USTICK, )
MERIDIAN, IDAHO )
CASE NO. CPA-99-001
FINDINGS OF FACT AND
CONCLUSIONS OF LAW,
DECISION AND ORDER
AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE
MAP
The above entitled application for amendment to the City of Meridian's
Comprehensive Plan Generalized Land Use Map having come on for public hearing
before the City Council on the 3r`~ day of November, 1999, at the hour of 7:00 p.m.,
on said date at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and
appearing and offering testimony was Shari Stiles, Planning and Zoning
Administrator, and no one appeared in opposition, and the Council having received
the record of this matter from the Planning and Zoning Commission, and having
received the "Findings of Fact and Conclusions of La~v and Decision and
Recommendation of the Planning and Zoning Commission on this application, and
having duly considered the matter, the City Council makes the following Findings of
FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 1 OF 15
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP - J-U-B ENGINEERS
• i
Fact, Conclusions of Law, Decision and Order Amending Comprehensive Plan
Generalized Land Use Map.
FINDINGS OF FACT
1. A notice of the time, place, and a summary of the proposed amendment
plan to be discussed at the November 3, 1999, hearing was published fifteen (15)
days prior to said hearing; copies of all notices were made available to newspaper,
radio, and television stations; the matter was duly considered at the November 3,
1999, public hearing; and the public was given full opportunity to express continents
and submit evidence.
2. There has been compliance with all notice and hearing requirements set
forth in the City of Meridian Comprehensive Plan and Idaho Code § 67-6509.
3. The property which is the subject of the application for amendment is
herein described as follows to-wit:
See attached Exhibit "A"
4. The subject real property is generally located along the west side of
Eagle Road, approximately half way between Fairview Avenue and Usticlc Road, and
twelve acres of the property lies within the City and is zoned R-4, and the remainder
is zoned RT, and lies within Ada County but within the City of Meridian Impact
Area boundaries, and is subject to the Comprehensive Plan of the City of Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 2 OF 15
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP - J-U-B ENGINEERS
5. The City has complied with the referral process with Ada County for the
requested amendment of the Comprehensive Plan.
h. The Applicant is J-U-B Engineers, Inc., of 250 S. Beechwood Ave. Boise,
Idaho. The Applicant filed a written Comprehensive Plan amendment application.
7. Pursuant to the application, the affected property is generally described
as a 20 acre parcel on the west side of Eagle Road between Fairview and Usticlc; the
properties to the north and west are residential, Carol's Subdivision and Carol's
Subdivision No. 2; east of the subject property is Eagle Road; across Eagle Road
scattered residential dwellings and agricultural land, and the property to the south is
currently agricultural farm land; the Applicant requests the Comprehensive Plan and
Land Use Map amendment to change from Single Family Residential to Mixed Use.
8. The Meridian City Council takes judicial notice of its Zoning,
Subdivision and Development Ordinances codified at Title 11, Municipal Code of
the City of Meridian and all current zoning maps thereof and the Comprehensive
Plan of the City of Meridian, adopted December 21, 1993, Ord. No. 629-Jan.4, 1994
and Maps and Ordinance establishing the Impact Area Boundary.
9. The Applicant requested the Comprehensive Plan amendment and the
application was not initiated at the request of the City of Meridian.
10. The proposed application requests a Comprehensive Plan amendment to
FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 3 OF 15
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP - J-U-B ENGINEERS
change the designation of the subject property from Single Family Residential to
Mixed Use. The designation change requires an amendment to the Comprehensive
Plan of the City of Meridian as requested by the Applicant. (City of Meridian
Comprehensive Plan, pg. 78-79).
11. A portion of the subject property is in Ada County, zoned RT, and
located on the west side of Eagle Road, south of Leslie Drive, between Fairview
Avenue and Usticlc Road, approximately 750 feet north of the Mixed Use Zone
boundary, and 1100 south of Mixed/Planned Use Development Land area at Usticlc
Road and Eagle Road.
12. The condition or situation which warrants a change being made in the
Plan pertains to three conditions and they are as follows: 1. Eagle Road widening to
five lanes; 2. Future signalization at Eagle Road; and 3. A new Meridian elementary
school. All three of these elements provide an excellent opportunity to capitalize on
the advantages of Mixed-Use for the 40-acre site. Eagle Road is a principal arterial
with traffic traveling at 55-60 mph which is not conducive to adjacent single family
living, when other land use options can provide buffering. Loud and continuous
vehicular noise, speed, safety issues, and air pollution are undesirable factors for
adjacent residential development. Professional offices, similar in appearance to
homes, can provide buffering and take advantage of the Eagle Road visibility which
FINDINGS OF FACT .AND CONCLUSIONS OF LAW, PAGE 4 OF 15
DECISION AND ORI:-ER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP - J-U-B ENGINEERS
~.
•
residential development does not need. Homes situated between the offices and the
elementary school allow the convenience of immediate school access by foot or bike.
Also, proposed signalization to Eagle Road will be shared by the three properties
malting the site excellent for the school, residential and professional offices access.
13. The greatest public need for and benefit from such a change in the Plan
is the increased compatibility of land uses that will benefit from the amendment.
Some of the advantages include: 1. Buffering of single family homes from Eagle Road;
2. Providing housing adjacent to the elementary school; and 3. Professional office
uses that provide landscaping and buffering to the above uses.
14. No other solutions to the problem as presented by the current policy of
the Plan are possible or reasonable because the Comprehensive Plan land use map
must be changed to allow for amixed-use project as proposed; currently it allows only
single family dwellings in the area.
15. The development intentions for any land involved are lo~v, residential-
bolting professional offices (dentist, doctor, day care); single family homes and
elementary school.
16. The granting of this application will help the school district as it has
purchased the site and will be building a new elementary school for 650 students.
There will be office buildings along Eagle Road with residential design; cottage homes
FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 5 OF 15
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP - J-U-B ENGINEERS
transitioning to the school site. The 20-acre site will provide an excellent transition
buffer from the large commercial site at Eagle Road and Fairview to the existing single
family residential to the north.
17. In terms of land use, it makes sense that Eagle Road should develop
with office and commercial uses in the future, since Eagle Road is a principal
arterial/State Highway with vehicular noise, high speeds, and other factors which are
undesirable for single-family residential development without extensive buffering.
18. The proposed designation change within the subject application would,
in fact, require an amendment to the Comprehensive Plan as determined by City
policy.
I9. It has been more than 6 months prior to the date of the receipt of the
recommendation of the Planning and Zoning Commission in this matter that the
Commission has recommended amendments to the land use map component of the
Comprehensive Plan to the City Council.
CONCLUSIONS OF LAW
1. All the procedural requirements of the Land Use Planning Act and of
the Comprehensive Plan of the City of Meridian were met including: notice of the
time, place, and a summary of the proposed amendment to the Plan, the publication
of which was fifteen (15) days prior to said hearing; copies of all notices were made
FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 6 OF 15
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP - J-U-B ENGINEERS
available to newspaper, radio, and television stations. (Meridian Comprehensive Plan
Implementation Chapter, Comprehensive Plan Amendment Section; Idaho Code
67-6509(b)).
2. The City of Meridian shall exercise the powers conferred upon it by the
"Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the
"Land Use Planning Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §
67-6509).
3. The Meridian Planning and Zoning Commission may exercise all the
powers required and authorized under the "Land Use Planning Act" except the power
to adopt ordinances by the establishment of a Planning and Zoning Commission by
ordinance pursuant to Idaho Code § 67-6504 which the City Council of the City of
Meridian has established by the passage of the "City of Meridian Zoning and
Development Ordinance" at Title XI, Chapter I, Municipal Code of the City of
Meridian.
4. The City Council or any group or person may petition the Planning and
Zoning Commission for a plan amendment at any time. The following requirements,
time tables, and procedures to amend Meridian's Comprehensive Plan at pages 78 -
79 must be satisfied:
A. Application to amend the Comprehensive Plan may be filed with
FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 7 OF 15
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP - J-U-B ENGINEERS
i
C~
the Planning and Zoning Conunission at anv time.
B. The Applicant will submit a letter for a Plan amendment which
will contain the following;
4.B.1 Specific definition of the change requested.
4.B.2 Specific information on any property involved.
4.B.3 The condition or situation `which warrants a change being
made in the Plan.
4.B.4 The public need for and benefit from such a change in the
Plan.
4.B.5 Documentation that no other solutions to the problem are
presented by the current policy of the Plan are possible or
reasonable.
4.B.6 Development intentions for any land involved.
4.B.7 Any other data and information needed by the Planning
and Zoning Commission in evaluating the proposal, such
as who does it help, ~vho does it hurt, how much is it going
to cost and who is going to pay for it.
C. No application will be considered until the required information
is complete.
(Meridian Comprehensive Plan Implementation Chapter, Comprehensive Plan
Amendments Section).
5. The Commission may recommend amendments to the land use map
component of the Comprehensive Plan to the City Council not more frequently than
one every six (6) months. (Idaho Code § 67-6509(d); Meridian Comprehensive Plan
FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 8 OF 15
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP - J-U-B ENGINEERS
Implementation Chapter, Comprehensive Plan Amendments Section)
6. The City Council may conduct a public hearing in addition to the
public hearing conducted by the Planning and Zoning Commission as provided by
Ordinance, prior to adoption, amendment, or repeal of the Comprehensive Plan using
the same notice and hearing procedures as the Commission, only after having
received the Recommendations from the Planning and Zoning Commission. Idaho
Code § 67-6509(b).
7. The Comprehensive Plan of the City of Meridian provides at page 79 in
Section F, G and H of the Section entitled "Comprehensive Plan Amendments" for
the procedure to be followed by the City Council upon receipt of the Planning and
Zoning Commission's recommendations to as follows:
F: Upon receipt of the Planning and Zoning Commission's
recommendations on Plan amendments, the City Council will set a date
for public hearing on the application. At the public hearing, the
proposed amendments will be presented and the City Council will
receive the report of is Committee, if one has been appointed, and
public testimony on each application.
G: At the public hearing or within 45 days thereafter, the City Council
shall approve or deny the application (except that with the written
agreement of the applicant, an additional amount of time, which shall
be specified, may be taken). All applicants shall be notified by mail of
the City Council's decision and the decision shall be supported by
findings of fact and conclusions of la~v. If the City Council makes a
material change in the proposed plan amendment it shall conduct one
additional public hearing prior to adopting the proposed amendment as
FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 9 OF 15
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP - J-U-B ENGINEERS
changed and may alter its findings of fact and conclusions of law.
H: All applications for Comprehensive Plan amendments shall be acted
upon by the City Council within 16 months from their date of filing
unless, upon written agreement of the applicant, an additional amount
of time may be specified, or unless the provisions of Section (1) are
applicable requiring additional time for study.
8. The Meridian Comprehensive Plan applies to the Meridian Area of City
Impact and the coordination of amendments and zoning applications in the Impact
Area are as follows:
1-11-6 McYidicrn City Code: Coordin~rtion ofAmendments end Zoftin~
A~~licatzons:
"A. County and City Coordination: All applications for Ada County and
Meridian amendments to their respective comprehensive plans and
implementing ordinances which apply within the area of City impact
shall be sent by the entity considering such amendment to the other
entity. A separate referral process shall be adopted by resolution by
each entity regarding procedures and time periods for, and the effect of,
sending such amendments, and such resolution may be amended from
time to time upon mutual agreement in writing by Ada County and the
City.
B. Applications To City: All Ada County applications for planned
developments, subdivisions, rezones, private roads, and conditional use
permits within the area of City impact shall be sent to Meridian, in
accordance with the referral process arrived at pursuant to subsection A
of this Section."
9. To change a designation from Single Family Residential to Mixed Use
FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 10 OF 15
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP - J-U-B ENGINEERS
requires approval by the Planning and Zoning Commission as provided under the
City of Meridian Comprehensive Plan, Implementation Chapter Comprehensive Plan
Amendments Section.
10. Upon review of an amendment application relating to land use
designations, the Council should take the following objectives into account:
10.1 Mixed-planned uses along the I-84 corridor, which are attractive
and compatible with high-volume traffic corridors.
10.2 Designating ample land for urban expansion and infill.
10.3 Quality residential neighborhoods, north, south, east, and west of
Old Town.
10.4 Planned mixed uses along I-84, Franklin Road, U.P. Railroad, and
Fairview Avenue corridors.
10.5 Buffers to the waste treatment plant.
10.6 Adequate school and park sites for quality living.
10.7 The importance of maintaining compatible land uses to ensure an
optimum quality of life.
10.8 Respect for the responsibilities and rights of land ownership.
10.9 Reinforce the role of the City in regulating the use of land
resources for the benefit of future generations.
10.10 Plan for multiple use of public facilities wherever feasible.
1 1. Upon review of an amendment application affecting residential
FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 11 OF 15
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP - J-U-B ENGINEERS
~- i
designations, the Council should take the follo~~~ing policies into account:
1 1.1 Support a variety of residential categories (urban, rural, single-
family, multi-family, townhouses, duplexes, apartments,
condominiums, etc.) for the purpose of providing the City with a
range of affordable housing opportunities.
11.2 Support strategies for the development of neighborhood parks
within all residential areas.
11.3 Protect and maintain residential neighborhood property values,
improve each neighborhood's physical condition and enhance its
quality of life for residents.
11.4 Encourage sidewalks and paved streets for all existing
neighborhoods through joint ACHD/Local Improvement District
programs.
11.5 Encourage compatible infill development which will improve
existing neighborhoods.
12. The requirements for a Comprehensive Plan are set forth in I.C. § 67-
6508. The statute provides in part that: "The plan shall consider previous and
existing conditions, trends, desirable goals and objectives, or desirable future
situations for each planning component. The maps and charts are based on the
components of the written plan."
FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 12 OF 15
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP - J-U-B ENGINEERS
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN
ADOPTED, the City Council does hereby Order and this does Order that:
1. The Applicant's request for Comprehensive Plan Amendment to the
Generalized Land Use Map Component to change the real property described in
Finding of Fact no. 3 from a Single Family Residential designation to a
Mixed/Planned Use Development designation is granted.
2. The City Attorney is directed to prepare for consideration by the City
Council the appropriate Resolution directing the Comprehensive Plan Land Use Map
Component change of the subject real property from Single Family Residential to
Mixed Use/Planned Use Development.
3. Subsequent to the passage of the Resolution, provided for in Section 2
of this Order, the engineering staff of the Public Worlcs Department shall prepare the
appropriate mapping changes of the official Comprehensive Plan Generalized Land
Use Map component in conformance with this Order and the provisions of the
Resolution.
4. The City Cleric is to notify and provide a certified copy of the
Resolution to the appropriate Ada County officials to notify them of the
FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 13 OF 15
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP - J-U-B ENGINEERS
Comprehensive Plan amendment.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City
of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person
who has an interest in real property which may be adversely affected by the issuance
or denial of the Comprehensive Plan Land Use Map change may, within twenty-eight
(28) days after the date of this decision and order, seek a judicial review as provided
by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the /~~k day of
~~~i~h~- ~2z. , 1999.
ROLL CALL
COUNCILMAN RON ANDERSON VOTED
COUNCILMAN GLENN BENTLEY VOTED
COUNCILMAN KEITH BIRD VOTED
COUNCILMAN CHARLIE ROUNTREE VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 14 OF 15
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP - J-U-B ENGINEERS
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED
DATED: ~ ~--~~ ' ~~
MOTION:
APPROVED:
DISAPPROVED:
Copy served upon Applicant, Planning and Zoning Department, Public Worlcs
Department, appropriate Ada County officials, and the City Attorney.
Bv' L~.--~/~ `~~ r Dated: ~~ /b ~l
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City Clerlc
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FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 15 OF 15
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP - J-U-B ENGINEERS
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BC3EDULE 11
PARCEL A
Part of the Southeast quarter of the Northeast auarter of Section
5, Township 3 North, Range 1 East, of the Boise Meridian, Ada
County Idaho, described as follows:
Commencing at the Northeast corner of Section 5, Township 3 North,
Range 1 East, Boise Meridian, Ada County, Idaho, thence
South on the East line of said Section 5 (which is the middle of
State Highway No. 69) for a distance of 2,283.0 feet to a spike in
the center of State Highway No. 69, the REAL PLACE OF BEGINNING;
thence
North 89°48' West for a distance of 1,317.33 feet to a point in the
Westerly fence line; thence
North 0.0°08' West for a distance of 320.0 feet to a point; thence
South 8 9 ° 4 8 ' East f or a distance of 1, 318.08 f eet to a spike in the
East line of said Section 5; thence
South along the East line of said Section 5 for a distance of 320.0
feet to a spike in the middle of said State Highway No. 69, the
REAL POINT OF BEGINNING.
EXCEPT ditch and road rights of way.
EXCEPT right of way for EAGLE ROAD.
PARCEL B
Part of the Southeast quarter of the Northeast quarter of Section
5, Township 3 North, Range 1 East, of the Boise Meridian, Ada
County Idaho, described as follows:
Commencing at the Northeast corner of Section 5, Township 3 North,
Range 1 East, Boise Meridian, Ada County, Idaho, thence
South on tt~e East line of said Section 5 {which is the middle of
State Highway No. 69) for a distance of 2,610.96 feet to a spike
in the center of State Highway No. 69, at the East quarter corner
of said Section 5, the REAL PLACE OF BEGINNING; thence
South 89°45' West for a distance of 1,316.54 feet to the 1/16th
corner of said Section 5, a 3/4" steel pin; thence
North 0.0°08' West for a distance of 339.07 feet to a point; thence
South 89°48' East for a distance of 1,317.33 feet to a spike in the
East line of said Section 5; thence
South 327.86 feet along the East line of said Section 5 to a spike
in the middle of State Highway No. 69, REAL POINT OF BEGINNING.
EXCEPT ditch and road rights of way.
EXCEPT right of ways for EAGLE ROAD and STOKESBERRY LATERAL.
EXHIBIT "A"
CPA-99-001
RESOLUTION NO. ~
i
A RESOLUTION FINDING THAT THE OWNER (5F CERTAIN REAL
PROPERTY HAS MADE A WRITTEN APPLICATION FOR THE
AMENDMENT OF THE MERIDIAN COMPREHENSIVE PLAN
GENERALIZED LAND USE MAP COMPONENT FOR THE DESIGNATION
OF REAL PROPERTY THAT LIES PARTIALLY WITHIN THE BOUNDARIES
OF THE CITY OF MERIDIAN AND PARTIALLY WITHIN THE IMPACT
AREA OF THE CITY OF MERIDIAN FROM "SINGLE-FAMILY RESIDENTIAL
DESIGNATION TO A MIXED/PLANNED USE DEVELOPMENT
DESIGNATION" AND REPEALING ALL ORDINANCES, RESOLUTIONS
ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND
DIRECTING THE CITY ENGINEER TO PREPARE THE APPROPRIATE
MAPPING CHANGES OF THE OFFICIAL COMPREHENSIVE PLAN
GENERALIZED LAND USE MAP COMPONENT AND DIRECTING THE
CITY CLERK TO NOTIFY AND PROVIDE A CERTIFIED COPY OF THE
RESOLUTION TO THE APPROPRIATE ADA COUNTY OFFICIALS.
BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF
THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO:
Section 1. Findings:
1. The owner of the following described property has made a written
application for a real property designation Comprehensive Plan Amendment to the
Generalized Land Use Map Component change from a Single Family Residential
designation to a Mixed/ Panned Use Development designation.
2. The City of Meridian Planning and Zoning Commission and the City
Council having given notice and conducted all public hearings in accordance with
la~v, and having duly notified Ada County of said application and having received
their comments, and having issued its Findings of Fact and Conclusions of Law,
Decision and Order Granting the Application; and
RESOLUTION -PAGE 1 OF 3
3. The Real property which is the subject of this resolution is legally described
as follows:
See c~tt~che~l Exhibit "A"
Section 2. The above described real property be and the same is hereby re-
designated on the Comprehensive Generalized Land Use Map from Single Family
Residential to Mixed/ Planned Use Development.
Section 3. The engineering staff of the Public Worlcs Department shall
prepare the appropriate mapping changes of the official Comprehensive Plan
Generalized Land Use Map component in conformance with the provisions of the
Resolution.
Section 4. The City Clerlc is to notify and provide a certified copy of the
resolution to the appropriate Ada County officials to notify them of the
comprehensive plan amendment.
Section 5. All ordinances, resolutions, orders or parts thereof in conflict
herewith are hereby repealed, rescinded and annulled.
Section 6. This ordinance shall be in full force and effect from and after its
passage, approval and publication, according to law.
PASSED BY.THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this l~
day of p!/~~-r~~v , 1999.
~~OVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
day of OG'e~~~-- , 1999.
ATTEST:
~ ~~~ ~ - ~/~~ 1
City Clerlc
RESOLUTION -PAGE 2 OF 3
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County of Ada, )
~~
On this ~~ day of ~~~~iyi~t~~-- 1999, before me, the
undersigned, Notary Public in and for said State, personally appeared ROBERT D.
CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk
of the City of Meridian, Idaho, and who executed the `within instrument, and
acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year first above written.
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msg/Z:\Worlc\l~l\Meridian 1~360M\Eagle Rd Comp Plan\Resolucion.CPA
RESOLUTION -PAGE 3 OF 3
C_ ?DQLE 1\
8 ~i
PARCEL A
Part of the Southeast Quarter of the Northeast Quar~er of Section
^, TCWn5171D ? North, Ranae 1 East, of the Boise Meridian, Ada
County _daho, described as `oilews:
Commencing at the Northeast corner of Section 5, Township 3 North,
Ranae 1 East, $0152. Meridian, Aaa County, Iaano, thence
South on the East line of said Section 5 (which is the middle of
State Highway No. 69) for a distance or 2,28::.0 feet to a spike in
the center of State Iiiahway No. 69, the REAL PLACE OF BEGINNING;
thence
North 89°48' West for a distances of 1,317.33 feet to a point in the
Westerly fence line; thence
Nor'~h 0.0°08' West for a distance of 320.0 feet to a point; thence
South 89°48' East for a distance of 1,318.08 feet to a spike in the
East line of said Section 5; thence
South along the East line of said Section S for a distance of 320.0
feet to a spike in the middle of said State Highway No. 69, the
REAL POINT OF BEGINNING.
EXCEPT ditch and road rights of way.
EXCEPT right of way fc^- EAGLE ROAD.
PARCEL B
Part of the Southeast quarter of the Northeast quarter of Section
5, Township 3 North, Range 1 East, of the Boise. Meridian, Ada
County Idaho, described as follows:
Commencing at the Northeast corner of Section 5, Township 3 Nor~~h,
Range 1 East, Boise Meridian, Ada County, Idaho, thence
South on the East line of said Section 5 (which is the middle of
State Highway No. 69) for a distance of 2,610.96 feet to a spike
in the center of State Eiighway No. 64, at the East quarter corner
of said Section ~, the REAL PLACE OF BEGINNING; thence
South 89°45' West for a distance of 1,316.54 feet to the 1/16th
corner of said Section 5, a 3/4" steel pin; thence
North 0.0°08' West for a distance of 339.07 feet to a point; thence
South 89°48' East for a distance of 1,317.33 feet to a spike in the
East line of said Section 5; thence
South 327.86 feet along the East Line of said Section 5 to a spike
in the middle of State Highway No. 69, REAL POINT OF BEGINNING.
EXCEPT ditch and road rights of way.
E:{CEPT right of ways for EAGLr^. ROAD and STOKESBERRY LATERAL.
E`YHIBIT "~~"
CPA-99-0U 1
CERTIFICATE OF CLERK
OF
THE CITY OF MERIDIAN
A RESOLUTION FINDING THAT THE OWNER OF CERTAIN REAL
PROPERTY HAS MADE A WRITTEN APPLICATION FOR THE AMENDMENT
OF THE MERIDIAN COMPREHENSIVE PLAN GENERALIZED LAND USE MAP
COMPONENT FOR THE DESIGNATION OF REAL PROPERTY THAT LIES
PARTIALLY WITHIN THE BOUNDARIES OF THE CITY OF MERIDIAN AND
PARTIALLY WITHIN THE IMPACT AREA OF THE CITY OF MERIDIAN FROM
"SINGLE-FAMILY RESIDENTIAL DESIGNATION TO A MIXED/PLANNED USE
DEVELOPMENT DESIGNATION" A.1~1D REPEALING ALL ORDINANCES,
RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH;
AND DIRECTING THE CITY ENGINEER TO PREPARE THE APPROPRIATE
MAPPING CHAI~IGES OF THE OFFICIAL COMPREHENSIVE PLAN
GENERALIZED LAND USE MAP COMPONENT AND DIRECTING THE CITY
CLERK TO NOTIFY AND PROVIDE A CERTIFIED COPY OF THE
RESOLUTION TO THE APPROPRIATE ADA COUNTY OFFICIALS.
BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE
CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO:
Section 1. Findings:
1. The owner of the following described property has made a written
application for a real property designation Comprehensive Plan Amendment to the
Generalized Land Use Map change from a Single Family Residential designation to a
Mixed/ Panned Use Development designation.
2. The City of Meridian Planning and Zoning Commission and the City
Council having given notice and conducted all public hearings in accordance with
la~v, and having duly notified Ada County of said application and having received
their comments, and having issued its Findings of Fact and Conclusions of Law,
Decision and Order Granting the Application; and
3. The Real property which is the subject of this resolution is legally described
as follows:
See attached Exhibit "A"
•
Section 2. The above described real property be and the same is hereby re-
designated on the Comprehensive Generalized Land Use Map from Single Family
Residential to Mixed/ Planned Use Development.
Section 3. The engineering staff of the Public Worlcs Department shall
prepare the appropriate mapping changes of the official Comprehensive Plan
Generalized Land Use Map component in conformance with the provisions of the
Resolution.
Section 4. The City Cleric is to notify and provide a certified copy of the
resolution to the appropriate Ada County officials to notify them of the
comprehensive plan amendment.
Section 5. All ordinances, resolutions, orders or parts thereof in conflict
herewith are hereby repealed, rescinded and annulled.
Section 6. This ordinance shall be in full force and effect from and after its
passage, approval and publication, according to law.
`~ ~ ~~
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William G. Berg, Jr. r t
City Cleric 5~.~
y ~ ?.
STATE OF IDAHO, ) :f'~'~~~vr ~s~ ~m ~,~'~
County of Ada, ) ~`"~~„++~ ++5++"'`
On this ~ day of ~ , in the year 1999, before me,
/'v ~ ~l~ ~ 0 VsiQ.Q,~ , a Notary Public, appeared WILLIAM
G. BERG, JR., known or identified to me to be the City Cleric of the City of
Meridian, Id~,~„~iat executed the said instrument, and aclcno~vledged to me that he
executec~.t~ieo~iii8p~fdjehalf of the City of Meridian.
S ¢• ~ ~• tiG •p.
( ) * ;• puB~' ~; ~ ~ Notary Public for Idaho
•'•• •••••••~•••' O~,'~ Commission Expires:l~ o Z- O <,G
ms,,g,Z:\~Vorlc\~l\1V~~}M~MZ~360M\Eagle Rd Comp Plan\CertofCllc.CPA
~;" ~ -"
/ _
/ ~ SCGEDQLE A
PARCEL A
Fart of the Southeast Quarter of the Ncrtheast quarter of Section
5, Township 3 North, Range 1 East, of the Boise Meridian, Ada
County Idaho, described as follows:
Commencing at the Northeast corner of Section 5, Township 3 Nort:Z,
Range 1 East, Boise Meridian, Ada County, Idaho, thence
South on the East line of said Section 5 (which is the middle of
State Highway No. 69) for a distance of 2,282.0 feet to a spike in
the center of Stat_ highway No. 69, the REAL PLACE OF BEGINNING;
thence
North 89°48' West for a distances of 1,317.33 feet to a point in the
Westerly f ence line; thence
North 0.0°08' West for a distance of 320.0 feet to a point; thence
South 89°48' East for a distance of 1,318.08 feet to a spike in the
East line of said Section 5; thence
South along the East line of said Section 5 for a distance of 320.0
feet to a spike in the middle of said State Highway No. 69, the
REAL POINT OF BEGINNING. '
EXCEPT ditch and road rights of way.
EXCEPT right of way fr- EAGLE ROAD.
PARCEL B
Part of the Southeast quarter of the Northeast quarter of Section
5, Township 3 North, Range 1 East, of the Boise Meridian, Ada
County Zdaho, described as follows:
Commencing at the Northeast corner of Section 5, Township 3 North,
Range 1 East, Boise Meridian, Ada County, Idaho, thence
South on tl~e East line of said Section 5 (which is the middle of
State Highway No. 69) for a distances of 2,610.96 feet to a spike
in the canter of State Highway No. 69, at the East quarter corner
of said Section 5, the REAL PUCE OF BEGINNING; thence
South 89°45' West for a distance of 1,316.54 feet to the 1/16th
corner of said Section 5, a 3/4^ steel pin; thence
North 0.0°OS' West for a distance of 339.07 feet to a paint; thence
South 89 ° 48 ' East for a distance of 1, 3I7 .33 feet to a spike in the
East line of said Section 5; thence
South 327.86 feet along the East line of said Section 5 to a spike
in the middle of State Highway No. 69, REAL POINT OF BEGINNING.
EXCEPT ditch and road rights of way.
EXCEPT right of ways for EAGLE ROAD and STOKESBE.=ZRY LATERAL.
E1EiIB IT "A"
CPA-99-001
October 29, 1999
MERIDIAN CITY COUNCIL MEETING: NOVEMBER 3, 1999 _
APPLICANT: JUB ENGINEERS. INC. ITEM #: 17
REQUEST: CPA TO CHANGE LAND USE FROM SINGLE FAMILY RESIDENTIAL TO MIXED
PLANNED USE
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY SEWER DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
BUREAU OF RECLAMATION:
INTERMOUNTAIN GAS:
SANITARY SERVICE:
OTHER:
All Materials presented at public meetings shall beca
SEE FINDINGS DECISION & RECOMMENDATIONS
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dian.
e/iERIDIAN PLANNI!`JG AND ZONI~,1G COMMISSION SPECIAL MEETING
SEPTEMBER 30. 1999
The special meeting of the Meridian Planning and Zoning Commission was called to
order at 6:30 p.m. on September 30, 1996 by Chairman Keith Borup.
MEMBERS PRESENT: Keith Borup, Tammy De Weerd, Richard Hatcher, Thomas
Barbeiro.
O i-HERS PRESEN"i~: Shari Stiles, Bruce Freckieton, Steve Rutherford, Wiil Berg.
Borup: Good evening, ladies and genaemen. !'d like to start the -this is a spec~a!
meeting of the Meridian Planning and Zoning Commission. VVe'd like to start with a roll
call.
CGNTIl~lUEi~ PUELIC BEARING: REQUEST FOR COMPP.EHENSIVE PLAN
AMENDMENT TO CHANGE LAND USE FROM RESIDENTIAL TO MIXL=D USE
(RESIDENTIAL 7 OFFICE BUILDINGS) Bl~' J-lJ-B ENGINEERS, INC. - WES-r
OF EAGLE P.OAD BETWEEN FAERVIEW & USTICK.
The first five items on our agenda are continued public hearings. We have had a -- the
agenda changed. We tabled them? They were not continued? Oh. That's right.
Correction. items 2 through 4 were tabled, they were not continued. So I think we
concluded all the public testimony on (hose items. So Item No. 1 is a continued public
hearing, a r.:~quest for Comprehensive Plan Amendment, land change from residential to
mi>:ed use, residential office buildings by JUB Engineers. Do we have any additiorr~:i
comments from staff'? (inaudible) want to show off your new toy?
Stiles: Mr. Chairman, Commissioners, you have our report that's been completed for
ibis project. I just wanted to clarify this is a request from asingle-family residential
designation to a mixediplanned use developmenfi designation, and hopefully everybody
can sE:e from the map where that is located there on Eagle Road about one-half mile
oath of Ustick.
Borup: Commissioners have any questions for staff? Hearing none, would the
applicant like to make any additional presentation?
~~~ aylor: Good evening, Mr. Chairman and members a' the Commission. I'm Nancy
Taylor with JUB Engineers, 25C South Beechwood, Boise, and I'm here this evening to
speak ors behalf of the project. I'm sere Vvith the owner and developer, John Barns.
Before you -you can see that we are rer:ues~ing a mixed/use designation for this site.
And, actually, this site already has a school approved on the rear 12 acres, so eve're
~aliy asking for a designation on the -thank you, on the front 8 acres for residential
~:.nd professional oi~~ices which we feel will allow us to really highlight and emphasize the
~~se of the school with some additional housing around it and then to provide a noise
barrier with some residential in appearance but professional offices along Eagle Road.
N~eridian Planning and Zoning Special Meeting
September 30, 1999
rage 2
ir'Ve thought it would make a verf nice project, and the school is really somewhat of the
catalyst for it to have some single-family residence adjacent to the school transitioning
to the professional offices. We did meet with the n~ighborhocd back in July. 1~/e had a
discussion. V°Je invited everyone within, 1 think, 300 feet, and ! think we even extended
that. Mr. Barnes lives in the neighborhood, and we had a very informative, nice
session; we f'sad a number of neighbors come and talk to us about the project.
Generally, they were concerned about, as one would be, about the buffering from the
adjacent development, and they were -they had not seen professional offices used
along Eagle Goad. They had not considered that use. Generally, it was well received.
We have an oblique here if you haven't taken a look at it. !might just bring that up and
shave you. This is looking towards, from the north to the southwest, and we've just
superimposed on this site some office buildings and some residential single-family units.
This school, unfortunately, is not shown here on the site, but it would be to the west. So
our application is to alloe~r for us to consider a mixed use. UJe just feel that would be a
very good use for that site. Are there any questions?
Borup: Any questions? Mr. Brown.
Brawn: Do you have any trouble with the recommendation (inaudible) staff
Stiles: IVo, I don't believe so. No.
Brown: Okay.
Stiles: Thank you.
E3orup: Thank you. Do we have anybody from the public who'd like to testify this
application? Okay. Th~:~nk you. Commissioners, any other question, discussion? 1
think, agaira, as staff emphasized, that this is strictly a comp plan change. !t is not
approving the layout or anything else specific on the project. The recommendation was
also o require conditional use and design revie~N by Planning and Zoning and also pay
particular attention to buffering.
i.~~e VVeerd: ~`/9r. Chairman, 1 think one of the issues that were raised last time is how
does this particular project in use work with the future plans of ACRD and ITD?
Borup: As far as their access?
De Weerd: t.)h-huh. As far as the future plans of Eagle ~ cad and access.
Borup: Okay. I could either answer that or just - I think that was addressed. ~~N'ouid
you like 'to comment on that, Shari?
•
Meridian Planning and Zoning Special Meeting
September 30, 1999
Page 3
Stites: Mr. Chairman, Commissioners, in the Eagle Road corridors study that's been
completed, there is a public road that will be extended on this half-mile section line, and
they will incorporate that into their future plan that it will have that roadway there. We're
not really sure the exact configuration as it comes back into this other property.
Packard Subdivision that's in this 40 acres here has a stub street going into this
property. The current plan, as we know it, is that that stub street would go into this
property, approximately one lot depth, and then come up and follow this half-mile
section line. So they are aware of that. They have been working with Idaho
Transportation Department and will incorporate that into their plans when they submit
far a development. I'd also like to note that on this and all of these Comprehensive Plan
.Amendments, we are in the process of undergoing a Comp Plan Amendment of the
entire Comprehensive Plan and a total review and update, and even though thi ~ may be
approved or recommended for approval; it doesn't assure them that will be the
designation once we're completed with that process. So we just wanted to make sure
that everybody knows that this is not a final thing, necessarily, if the designation
happens to change when ewe do the generalized land-use map for the entire impact
area.
Borup: Thank you. Did that answer your question, Commissioner? I believe, wasn't
ITD -did that corridor study talk about no more than three access points in a mile for
the corridor study? That's what Commissioner Brown remembers, too. Which that
would fit right in, especially on a half mile. Thank you. Any other questions from any
Commissioners? Okay. Well, we either need to do a discussion, close the hearing, or
continue it.
Brown: I'd move for closing the hearing.
Barbeiro: Second tl~e motion.
Borup: We have a motion and second to close the public hearing. All in favor?
MO-i~1O~! CARRIED: ALL AYES
Borup: Commissioners, ~;~;e can either -would we like to go ahead and discuss and
make the motions at this point? Our attorney says that they all need to be doni; at the
same time for a Comp Plan chances. Steve has mentioned that he felt that as long as
we do it tonight, and if they're ail -all the recommendations are passed onto City
Council at the same time, that that would meet that criteria. At one time, I was
wondering whether we need to make all nine of them in a single motion which would be
rather difficult.
'~
Meridian Planning and Zoning Special Meeting
September 30, 1999
Page 4
De Weerd: Okay. So we can make a single motion on this.
Borup: Yes. That's - (inaudible) added that -
Rutherford: Point or' clarification. The plan is to - I think it's fine you make your motions
as we go tonight. rVly plan would be to prepare any recommendations you would like
me to prepare to send to City Council, and, basically, package those together with one
(inaudible) letter that said these are our recommendations on the attached
Comprehensive Plan Amendments.
Borup: Okay. So we can have separate motions, but it would all be one
recommendation.
Rutherford: Correct.
Borup: That probably makes it a lot easier on the motions.
Brown: !'d recommend approval for staff's recommendations of this Comp Plan
Amendment.
Sarbeiro: I second the motion.
Borup: VVe have a motion and second. Discussion? Any discussion on discussion?
Okay. All in fa~,ior?
MOTION CARRIED: ALL AYES
Borup: Okay. Thank you. Item No. 1 is completed.
2. TABLED JUL'f 29, X999: REQUEST FOR COMPREHENSIVE PLAN
AMENDMENT TO CHANGE LAND USE OF 12.3 ACRES FROM SINGLE
FAMILY RESIDE~JTIAL TO COMMERCIAL BY DEVELOPER DlVERSlFiED
REALTY CORPORATION/DAKOTA CO11JiPANY-SOUTH OF FAIRVIEI/~/AND
EAST OF RECORDS: APPROVE RECONlIViEtVDATlOtV TO CITY COUfi~aClL AS
PER STAFF COl~JIiYlE~1TS.
De Weerd: Mr. Chairman.
Borup: Commissioner De 1~Jeerd.
De V~eerd: i have a conflict with (terns 2, 3 and 4 and would like to step down.
September 28, 1999
MERIDIAN PLANNING & ZONING MEETING: SEPTEMBER 30, 1999
APPLICANT: J-U-B ENGINEERS. INC. ITEM NUMBER: 1
REQUEST: COMPREHENSIVE PLAN AMENDMENT TO CHANGE LAND USE FROM RESIDENTIAL TO
MIXED USE (RESIDENTIAL & OFFICE BUILDINGS)
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANN-NG DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY SEWER DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
COMMENTS
COMMENTS COMING
~~~
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oJ~
~~_ ~..
IDAHO POWER:
US WEST:
BUREAU OF RECLAMATION:
INTERMOUNTAIN GAS:
OTH
~~ `~`~~
~~~~.
`mot- .,f,-_
~~~~
~~ ~
All Materials presented at public meetings shall become property of the City of Meridian.
Mayor
ROBER"t D. CORRIE
City Council Members
CHARLESROUNTREE
GLENN BENTLEY
RON ANDERSON
KEITH BIRD
MEMORANDUM:
HUB OF TREASURE UALLEY'
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
(208) 888-4433 • Fax (208) 887-4813
City Clerk Fax (208) 888-4218
LEGAL DEPARTMENT
(208) 288-2499 • Fax 288-2501
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887-2211 • Fax 887-1297
PLANNING AND ZONING
DEPARTMENT
(208) 884-5533 • Faz 887-1297
September 28, 1999
To: Planning & Zoning Commission, Mayor and City Council ~ ~ ~ ~ ~,r
From: Bruce Freckleton, Assistant to City Engineer ~ ~ j 1 ~ `~ ~g
Steve Siddoway, Assistant Planner
Re: Request for Comprehensive Plan Amendment to Change Land Use from Single-family
Residential Designation to Mixed/Planned Use Development by JUB Engineers
We have reviewed this submittal and offer the following comments, as conditions of the
applicant. These conditions shall be considered in full, unless expressly modified or deleted by
motion of the Meridian City Council:
APPLICATION SUMMARY:
PROPOSAL
This application is proposing to amend the Comprehensive Plan Generalized Land Use Map for 20
acres (not 40 acres, as stated in the application) from an existing Single-family Residential designation
to a Mixed/Planned Use Development designation.
LOCATION
The property is generally located along the west side of Eagle Road, approximately half-way between
Fairview Avenue and Ustick Road.
SURROUNDING PROPERTIES
Properties to the north and west of the subject parcel are part of Carol's Subdivision & Carol's
Subdivision No. 2. They are established single-family residences on lots ranging from 0.7 to 1.8 acre
lots. Ada County average valuation of the lots immediately adjacent to this area is $212,635. East
of the subject parcel are Eagle Road, scattered residential houses, and agricultural land. The property
to the south is currently agricultural farmland. Southwest of the subject parcel is Packard
Subdivision. The 12 westernmost acres of the property included in the application is owned by
Meridian School District, which property has been approved for an elementary school.
CURRENT ZONING
Twelve acres of the property included in the proposed Comprehensive Plan amendment has already
been annexed and zoned R-4. The remainder is zoned RT, in Ada County.
CPA-99-001
JUB.CPA
P&Z CommissionlMayor & Council
September 28, 1999
Page 2
COMMENTS:
CURRENT COMPREHENSIVE PLAN DESIGNATION
The property is currently designated in the Meridian Comprehensive Plan asSingle-family Residential
BACKGROUND
Twelve acres of the 20 acres in this Comprehensive Plan Amendment application were annexed and
zoned R-4 by Meridian Joint School District No. 2 in March, 1999, for a new elementary school
(currently called River Valley Elementary). A Certificate of Zoning Compliance was issued for the
school earlier this month, and construction will likely begin soon.
The remainder of the parcel is still in the County, zoned RT. The applicant has included the school
parcel in the application because they see it working together as amixed/planned use development
that includes the school, adjacent cottage homes, and `residential-looking' professional offices along
Eagle Road.
PROPOSED & POTENTIAL USES OF THE PROPERTY
The applicant has requested changing the pazcels to a Mixed/Planned Use District designation. The
applicant has stated their intent to develop cottage homes adjacent to the school and supporting
professional offices (i.e., dentist, doctor, daycare) with a residential character along Eagle Road,
buffering the residential area from the noise, etc., of Eagle Road.
If approved, any use would have to be a conditional use permit under the provisions of a planned-use
development. A Mixed/Planned Use designation could allow for approval of commercial, industrial,
medium to high density residential, and office uses as appropriate to the site.
COMPATIBILITY & DESIGN ISSUES
Several Carol's Subdivision residents are concerned about higher density housing and office uses in
their "backyard". Specifically, these uses would abut the rear property line of the first three lots in
Cazol's Subdivision. The remaining 8 lots in Carol's Subdivision that abut this project aze adjacent
to the elementary school property.
In terms of land use, it makes sense that Eagle Road should develop with office and commercial uses
in the future, since Eagle Road is a principal arteriaUState Highway with vehicular noise, high speeds,
and other factors which are undesirable for single-family residential development without extensive
buffering.
Eagle Road is designated as a limited access corridor by the Idaho Transportation Department.
Coordination is needed among all the agencies involved to determine appropriate access and uses.
As Eagle Road has recently been constructed, there is a moratorium on the cutting of any streets for
utility extensions.
CPA-99-001
NB.CPA
P&Z Comrnission/Mayor & Council
September 28, 1999
Page 3
PUBLIC WORKS ISSUES
The property could be served, on a temporary basis, by the sewer lift station that was constructed as
part of the Packard Subdivision. However, the property owner should be required to pay trunk line
extension fees for construction of the South Slough Trunk Line. This and other issues will be
determined when annexation and development applications are processed. Water service to any
future development is contingent upon positive results from a hydraulic analysis by our computer
model.
COMPREHENSIVE PLAN ANALYSIS
The 1993 Comprehensive Plan contains a variety of goals and policies relevant to this application.
The following sections most directly apply to the proposed project and are repeated here for the
Council and Commission's consideration during the hearing process.
Goal 3 is "to encourage the kind of economic growth and development which supplies employment
and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise
and strengthens the City's ability to finance and implement public improvements, services, and its
open space character."
Goal 4 of the Comprehensive Plan is "to provide housing opportunities for all economic groups
within the community."
Goal 8 is "to establish compatible and efficient use of land through the use of innovative and
functional site design."
Economic Development
1.1 The City of Meridian shall make every effort to create a positive atmosphere which
encourages...commercial enterprises to locate in Meridian.
1.2 It is the policy of the City of Meridian to set aside areas where commercial and industrial
interest and activities are to dominate.
1.3 The character, site improvements and type of new commercial or industrial developments
should be harmonized with the natural environment and respect the unique needs and
features of each area.
Land Use
1.4U Encourage new development that reinforces the City's present development pattern of higher
density development within the Old Town area and lower density development in outlying
areas.
CPA-99-001
JUB.CPA
P&Z Commission/Mayor & Council
September 28, 1999
Page 4
1.8U Promote the development ofhigh-quality and environmentally compatible residential areas
that contain the necessary parks, schools and commercial facilities to maintain and form
identifiable neighborhoods.
2.1U Support a variety of residential categories (urban, rural, single-family, multi-family,
townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City
with a range of affordable housing opportunities.
2.2U Support strategies for the development of neighborhood parks within all residential areas.
2.3U Protect and maintain residential neighborhood property values, improve each neighborhood's
physical condition and enhance its quality of life for residents.
4.8U Encourage commercial uses, offices and medical-care uses to locate in the Old Town district,
business parks, shopping centers and near high-intensity activity areas, such as freeway
interchanges.
6.8U New urban density subdivisions which abut or are proximal to existing rural residential land
uses shall provide screening and transitional densities with larger, more comparable lot sizes
to buffer the interface between the urban level densities and rural residential densities.
Transportation
1.4U Monitor and coordinate the compatibility of the land use and transportation system.
1.20U Encourage proper design of residential neighborhoods to ensure their safety and tranquility.
Open Space Parks and Recreation
2.SU New subdivision development...will beconsidered asopportunities to...encourage the
development of recreational open spaces and parks as part of new planned developments.
Housin
1.1 The City of Meridian intends to provide for a wide diversity of housing types...in a variety
of locations suitable for residential development.
1.4 The development of housing for all income groups close to employment and shopping centers
shall be encouraged.
1.6 Housing proposals shall be phased with transportation, open space and public service and
facility plans, which will m~xlrrize benefits to the residents, minimise conflicts and provide
a tie-in between new residential areas and service needs.
1.19 High-density development, where possible, should be located near open space corridors or
CPA-99-001 NB.CPA
P&Z Commission/Mayor & Council
September 28, 1999
Page 5
other permanent major open space and park facilities, and near major access thoroughfares.
Community Design
5.2 Ensure that all new development enhances rather than detracts from the visual quality of its
surroundings, especially in areas of prominent visibility.
6.SU Establish land-use designations that reflect the character of existing neighborhoods.
6.1 lU Promote well-planned and well-designated affordable housing in all Meridian neighborhoods.
IDAHO STATE CODE
Idaho State Code Title 67, Chapter 65, states that the commission may recommend amendments to
the land use map component of the comprehensive plan to the governing board not more frequently
than once every six (6) months.
RECOMMENDATION:
Staff recommends approval of the Comprehensive Plan Amendment as a Mixed/Planned Use
Development, with the forewarning that a landscape buffer will be required between Carol
Subdivision and the proposed office and cottage home uses as part of a development agreement when
the property is annexed to the City. ALso, as Eagle Road is an entryway corridor, minimum landscape
setbacks will also be requested. Due to the Mixed/Planned Use designation, all development
applications will require a Conditional Use Permit and design review by the Planning & Zoning
Commission and City Council. Approval of a change in the land use designation in no way indicates
approval of any concept plans presented.
CPA-99-001
JUB.CPA
200 E. Carlton, Ste. 201
Meridian, ID 83642
Phone: 884-5533
Fax: 887-1297
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Phone: nn Pages: (Including Cover sheet)
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^ Urgent ~or Review ^ Please Comment ^ Please Reply ^ Please Recycle
•Comments:
** TX CONFIRM~N REPORT **
DATE TIME TOiFROM
16 09128 17 30 208 323 9336
200 E. Canton, Ste, 207
Meridian, ID 83642
Phone: 68A-5533
Fax 887-1297
Fax
AS OF SEP 28 'S~ 1733 PAGE. 01
CITY OF MERIDIAN
MODE MINiSEC PGS CMDti STATUS
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•Comments:
U
MERIDIAN PLANNING AND ZONING COMMISSION SPECIAL MEETING
JULY 29, 1999
The special meeting of the Meridian Planning and Zoning Commission was called to
order at 6:12 p.m. by Malcolm MacCoy.
MEMBERS PRESENT: Malcolm MacCoy, Keith Borup, Thomas Barbeiro, Tammy De
Weerd.
OTHERS PRESENT: Shari Stiles, Bruce Freckleton, Eric Rossman, Steve Rutherford,
Will Berg.
MacCoy: It is twelve minutes after the hour of six, which is a early start for us. We
normally start at 7 o'clock, but because of the documentation we have here we decided
to do it at six this evening. All the Commissioner's are here this evening and the staff is
in place. There is not other special note that I have. We will move right along to the
first item agenda.
ITEM NUMBER 1: CONTINUED PUBLIC HEARING REQUEST FOR
COMPREHENSIVE PLAN AMENDMENT TO CHANGE LAND USE FROM
RESIDENTIAL TO MIXED USE (RESIDENTIAL & OFFICE BUILDINGS) BY J-U-B
ENGINEERS, INC.-WEST OF EAGLE ROAD BETWEEN FAIRVIEW & USTICK:
MacCoy: At this moment, I'd like to have the -open the public hearing-continue the
public hearing right now and staff any comments at this point.
Stiles: Mr. Chairman, Commissioner's you have the memo dated today. The main
issue is that we have numerous applications that have been received. More are coming
in weekly. A couple of them the Council in my discussions with a couple of the
members have indicated a desire to have those acted on by the Commission and do to
the fact that we can only -that the Commission can only make recommendations every
six months, that's why we have asked for a cut off date of August 16th for final receive of
Comprehensive Plan Amendments and that a special meeting be set up for the last
week of September to consider all of the Comprehensive Plan Amendments at the
same time.
MacCoy: Okay. Thank you very much. Is the applicant from JUB Engineering here this
evening. All right. Will you come forward.
Taylor: Good evening Mr. Chairman and members of the Commission. I am Nancy
Taylor. I am a planner with JUB Engineers. 250 South Beechwood, Boise, 83705. We
are here this evening to continue the hearing on the suggested request for the
Comprehensive Plan Amendment. In light of staff's report, preferring to wait until
September, we are in agreement with that if that will occur in September, we are
certainly willing to wait a month or two to entail a thorough study of the requests for
Comprehensive Plan Amendments.
~{Vleridian Planning and ~'oning Commission Special Meeting •
July 29, 1999
Page 2
MacCoy: I'm glad to hear you make a statement that way. Maybe you know or don't
know we are launching into right away this month, July, we did the proper paperwork
are we are going to be looking at our new Comprehensive Plan for the coming year or in
fact for years to come. You can understand that everybody's getting on the band
wagon right now to make changes. It makes it really difficult so what you heard from
our staff just now is in accordance with our planning of this thing. Anything else you
wanted to say?
Taylor: I don't believe so. We'd like to work with you on this so of course we will meet
your schedule and if it is September, we're glad to wait until that time to discuss it
further.
MacCoy: Okay. Just before you leave the podium, Commissioner's do any of you want
to make questions to her. Thank you very much.
Taylor: Thank you.
MacCoy: All right Commissioner's. This is a different ball game.
De Weerd: Mr. Chairman. I guess at this point we probably should discuss a date that
we will listen to all the Comprehensive Plan Amendment requests.
MacCoy: Well Shari just made a statement...did you hear her about the dates.
De Weerd: Yeah. But we should set it.
MacCoy: All right. She has made the suggestion so I guess you can put that into a
vote.
De Weerd: Oh I have 4 different dates here -which date did you prefer? The 29th or
30th, correct? That is a Wednesday and a Thursday.
MacCoy: Shari do you have any comment right now? Okay. All right, go ahead.
De Weerd: I guess the other Commissioner's -do you have any conflicts with -
Barbeiro: Thursday is my preference.
Borup: I'm fine with either date.
De Weerd: So, do we want to go ahead and set September 30th? I am not making a
motion.
MacCoy: She's not making a motion, she making a date-
,Meridian Planning and ~ing Commission Special Meeting
July 29, 1999
Page 3
De Weerd: I want to make sure before anyone leaves this room they know what date
we're extending this to and time.
MacCoy: Okay you can this about that for a few moments here because this is a
continued public hearing. Is anyone hear like to make a statement for the project at this
time, it will be taped and recorded as such, so weather you make it back again or not, at
least your remarks is recorded.
Kane: My name is Ray Kane. I live at 3047 E. Leslie Drive, which borders the very
back of this project. My question is, when we come up on the 30t", if that is the date you
all set, is that going to encompass all of the changes that you want to do for the entire
City of Meridian. So this thing could be a marathon event or is it just going to be this-
this would be one of X number?
MacCoy: X number, yeah.
De Weerd: Shari, could you give us an idea of how many applications or how many
requests there will be.
(Inaudible)
Kane: I've sat in some of these where it's been 12 o'clock (inaudible).
MacCoy: We would---if there is 7 or what ever, we'll take the number we think we can
get through in reasonable time-I'm looking at 10:30. I don't like to be here till midnight
either.
De Weerd: There is no guarantees.
Kane: I thought this was going to be for all of Meridian.
De Weerd: No, it going to be just for the applications that are received. I think a
number have been received to this point.
Stiles: We will hold it open for additional applications to be submitted until August 16tH
Right now, it looks like it's going to be 8-10 applications.
Kane: that's great. I just wanted to have a feel for (inaudible) marathon event and
need to get to bed early tonight.
De Weerd: Well, we can almost say that these two would be in the order that we have it
now.
MacCoy: A continued public hearing is heard first.
Kane: It would be close to the front? That's all I have. Thank you.
,Meridian Planning and oning Commission Special Meeting
July 29, 1999
Page 4
MacCoy: Thank you.
Durkin: My name is Larry Durkin. My address is 380 E. Park Center Blvd., Boise, ID
While I am not familiar with this project, I'm just wondering if the action your taking on
this first item on the agenda will have any impact on the other agenda items tonight.
MacCoy: Well, we'll wait and see, I'm afraid Larry.
Durkin: Cause, if you do a motion here can you will it still be beneficial to listen to the
other applications or maybe would you consider waiting until the end of the evening to
do a motion on all of them?
MacCoy: Well we're not going -they are all ready-this one here, number one is going
to be postponed. They've agreed to that. That one goes down and we'll finish that one
here in a few moments.
De Weerd: Mr. Durkin, I guess that my understanding of this is that any change to the
Comprehensive Plan has to be done in one movement. Otherwise, you have to wait for
6 months. If we pass or if we act on these two amendments changes for the
Comprehensive Plan tonight, that sets forth the 6 month time period. So, that would
mean the other applications that we have next month and also in September, could not
even be considered for another 6 months.
Durkin: In all due respect, my request though-I think this is out of line for me to do
this, because this isn't my application, but I think it is important. When you take this
action now, it going to effect everyone else who is waiting without you hearing the
benefit of the other arguments for the evening. This is a special hearing that was called
for one of our applications-3 of our appellations.
MacCoy: We have not come to your yet though on this and we're just dealing strictly
with item one right now and you asked to make a statement, but we're not going to
address your yet, per say and what you heard from Shari and staff and from our
Commissioner De Weerd, is what we are faced with tonight. We are working with state
law in this. This is not a Meridian law.
Durkin: I guess that I would just request that you consider leaving it open.
MacCoy: Okay, you'll get a chance to get you say here in a minute. Is there anyone
hear with JUB who would like to make a comment before we move on with this?
Taylor: Mr. Chairman, members of the Commission. If you are going to take testimony
tonight we would certainly like to enter into the record some of the information that you
requested from the last meeting. So, we have that with us and-
Meridian Planning and ~ing Commission Special Meetin •
g
July 29, 1999
Page 5
MacCoy: (Inaudible) a continued public hearing. Your on the docket right now. It's
your place to speak where you want.
Taylor: Very good. We will do that and enter it into the record. Let me get some
exhibits here. At your last meeting you requested some additional information on this
project which is as you might recall, south of Ustick and north of Fairview on the west
side of the street. It's about the entire property is about 8 acres that we're requested
the mixed use for. It actually is a 20 acre site, but 12 of that has been all ready the
school district is all ready getting ready to construct a elementary school on that site, so
this only pertains to 8 acres. On that that 8 acres, we have requested a chance from
the Comprehensive Plan from residential to mixed use. I believe, looking at the record
from you last meeting, you requested several things. One a site plan. We have that
tonight to share with you. And we superimposed some residential and office building on
that. The other thing we held a neighborhood meeting and we notified the
neighborhood of this meeting tonight. So, I am sure that we have other people here to
speak, so I'd like to just show you this exhibit of how it might look with a mix of
residential and professional offices. This is the vacant site looking to the southwest.
This was actually taken from a balloon a tethered balloon and this is Eagle Road.
Can everyone see?
(Inaudible)
MacCoy: There is an easel down there. Might be easier that way
Taylor: Thank you. This is looking to the southwest, this is Leslie Road right here. This
is Eagle Road. This is the 8 acre site and the school district owes the remaining 12.
The Kleiner property is to the south and runs all the way to Fairview. What we are
proposing is a mix of professional offices, as I mentioned and residential. So, what we
did is super impose just an idea of what could occur on that site. Here is some
professional offices out in front and some residential, some single family residential
showing here in the back of the site. The school actually wraps around here on the 20
acre site. Here is the same site but with landscaping and some buffer from the adjacent
subdivision. So just to give an idea, this is not a plat, this is not a pud at this point. It is
just an idea of what could occur with some mixed residential and professional offices.
These are one story professional offices along Eagle Road.
MacCoy: Thank you.
Taylor: We had a good neighborhood meeting. We had about 12 to 15 people join us
on July 29th at the home of John Barnes who owns the property with Properties West.
We had a number of comments and questions asked. We thought the reception was
excellent. There was come of the concerns for the size of the lots for the residential
areas, and we agreed. Generally, the reception, and you have some of the neighbors
here to speak, regarding the professional offices was very well received. So, we just
discussed that we were requesting this mixed use and that they would have ample time
to actually comment on the plan when and if this proceeds. We felt that that was a good
•
,Meridian Planning and Zoning Commission Special Meeting
July 29, 1999
Page 6
meeting. We got excellent turnout from the neighborhood and we wanted to share that
with you. We also did notify the neighborhood of the meeting tonight, as you
requested, so I am happy to answer any questions, but I do think that we have
proposed a project and land uses that seem fitting and probably acceptable to the
neighborhood.
MacCoy: You mentioned your meeting with the public was July 29th
Taylor: Excuse me. Let's see, it must have been---it was a week ago tonight. What
would that have been. July 22"d
MacCoy: Further correction for the record, that's all. Cause tonight's the 29th. Any
questions for her? Thank you. We will call forward other people from you--. Is there
anyone here that would like to speak in favor of this project at this moment? You want
to come back up again sir.
Kane: I was prepared to wait until September. I live up here just 2 houses, so I am the
third house in on Leslie Drive. We basically don't have a problem with what's been
designed here. It looks nice. The thing that I am concerned about it is $120,000
houses as a CAP, and that is what was explained the other evening. When our house
are being taxed anyway, upwards to $250,000. That's a concern to me as my property
value and the property value of the people who live adjacent to me. Abutting to
$120,000 houses right behind us. Basically right now, knowing no more than I know
about this, that's my primary concern. That is the primary concern I think of our
adjacent neighbors. The site looks good. The landscaping looks good. We know John
does good work. He has in the past. The concern is in this day and age, a $120,000
house is rather at the low end of the spectrum and abutting right to us, at what we are
being taxed at anyway, we have some concerns with that.
MacCoy: I suppose you have made those concerns known to JUB?
Kane: Oh yes we have at the town meeting the other night.
MacCoy: We all look at our land value.
Kane: Basically, that is only thing---we know it's going to be developed. It's an
inevitable, but we would just like to have it developed in a way that it's in concert with
our land. Originally when this was bought, it was explained to us that it was all going to
be one acre lots. There would be 15 to 16 one acre lots. Then it changed and went to
half acre lots. You can see the evolution as to where we've come. There has been
quite a change from what we were originally told what was going to happen on that 20
acres.
MacCoy: This information of one acre lots, was that by real estate people?
Kane: That was by Mr. Barnes.
,Meridian Planning and ~ing Commission Special Meeting •
July 29, 1999
Page 7
MacCoy: Oh I see, okay.
Kane: I assume that is real estate people. How ever you want to look at it. That's the
way its evolved to this point.
MacCoy: All right, thank you. Is there any other person who would like to make a
statement in favor of the project.
Borup: Mr. Chairman, I had some questions for the previous.
Kane: One moment sir. Would you come back up forward here.
Borup: You've all ready said that you felt good about the office building parts. A couple
more questions on the housing. You said $120,000 CAP. Did you mean CAP or floor?
Kane: I was told that these houses would be, as I understood at the meeting the other
night, $120,000 was the maximum.
Borup: They wouldn't allow any body to build on more than that?
Kane: Well, what was said was, this was what-
Borup: That was the price that they were looking at. Okay. Would -what do you feel
you and your neighbors would feel more comfortable with having in that location, other
than one acre lots, which I think you can maybe see their problem there. That's not an
area for that type. What's the other options is what maybe I am looking at.
Kane: I think some of the other options would be $150,000 and up. I think that puts us
into young, professional people who want to come in and get started and take care of
things. They would be in concern with the neighborhood. The school district could buy
the rest of it, up to the commercial end of it. Maybe a park. There is a lot of things
there that could be looked at.
Borup: Would you rather have home there as opposed to more office?
Kane: Me personally. As long as they were very well done, professionally done.
Landscaped well and they were professional type office buildings that would be
occupied during the day and for all practical purposes closed in the evening, I would not
have a problem with that, myself. I can't speak for anybody else.
Borup: Thank you.
MacCoy: Thank you. Yes sir.
,Meridian Planning and Zoning Commission Special Meeting
July 29, 1999
Page 8
North: My name is Billy North. I live on Leslie Drive also, 2972 Leslie Drive on the
other side of the street, down a little bit -5th house in on the right actually. The
comments that I would like to make I guess parallel the ones all ready made. I'm
nervous about that property being mixed use. I guess I am against mixed use in the
sense that it would provide some office and some small houses doesn't seem like the
proper solution for that property. It needs to either all be bigger houses with a giant
birm along there, which is what many or most of the house subdivision's now that are
being built along Eagle Road because of the busy nature of Eagle Road they have a 25
birm that they put along there to do sound abatement and then add some houses in
back of it which seems to be feasible as long as you've put up a big birm to stop the
sound. It has nice and easy access to the freeway, which a lot of people do like. I
would be against mixed use for that purpose, for that reason. I was not able to attend
the meeting that was held earlier. I was out of town for the meeting that was held in our
neighborhood. I have not seen all of the plans that were actually given for it, but unless
the plans included -to me the minimum is that the plans include a giant birm that goes
along there so that it would attract people to live there that are willing to live with and
build a little more expensive home and put all homes in there I think along the range
that we have all ready talked about--$150,000 up and not have office buildings. If there
are office buildings there it is guaranteed that no one will build $150,000 up house. I am
against mixed use and for $150,000 houses on a little larger than normal lot and a giant
birm.
MacCoy: Okay. Any questions?
Barbeiro: Mr. North, right? I'm a little perplexed with the pattern here that they prefer
not having residents behind them. It (inaudible) that you would prefer to have a
residence next to you as opposed to a currently cultivated field. You don't have
problems with dust and standing water and the cultivation at all hours of the evening, so
I hardly think $120,000 home falls into the skid row category. I don't think that the
difference between a $150,000 home and a $120,000 home is such that it is going to
change the quality of people who are moving into those homes.
North: It may not change it all that much, but I do believe that if it is left mixed use, that
is for me personally I would prefer a field. I know that's impossible. I have a field in
back of my house and I love it that way and we just as soon as it stays that way the rest
of eternity. That is not likely to happen. As soon as there's sewer in there, I am going
to have houses in back of me too and I'll be up here saying the exact same thing again.
I believe that the ---we would have a more continuous type of use of that area if it were
in fact houses that were of a little bit more expensive nature rather than-there is a fair
amount of difference if you say that the most expensive is $125 down that is down to a
$80,000 house or something which is getting close to skid row. I mean it is a fair
amount of money but in these days, $80,000 does not buy much of a house whereas, if
you say $150 to $200,000 house that's getting to be people who will take care of their
homes and keep the property values high.
,Meridian Planning and Zoning Commission S ecial Meetin
p g
July 29, 1999
Page 9
Barbeiro: So it is fair to say that your looking to how the precedent will be set in the new
development.
North: Yes. I don't want a $80,000 house behind me.
MacCoy: Okay. We are still on the side, the fence side it looks to me like, but anybody
who is in favor of this would they have any comment to make at this point before we
move on to the other side of the fence and those who are totally against this. Okay,
we'll move to the other side of the fence. Is there anybody who would like to speak on
the fact that they don't like this at all. Do you want to come forward.
Boyle: I'm Moreen Boyle. I live next to Mr. Kane with my husband Louis Serino. The
Carol Subdivision was built 1976. It has big lots, big houses. Some of the houses have
been on the market for close to $400,000. It's a quiet neighborhood. We don't have
sewers. We don't have outdoor lights. We provide our own electricity for safety
reasons at night. I kind of think that we're looking at changing the whole subdivision by
putting next to it, something that isn't even being built adjacent to it in the Packard
Subdivision or behind it in the other subdivision. All of a sudden, this becomes a core of
change and it's going to make a big difference to all of use. I am not in favor of it at all.
This is not what Mr. Barnes described to us some time ago. It has evolved to
something quite different.
MacCoy: Any questions for her?
Barbeiro: Mrs. Boyle?
Boyle: Miss Boyle.
Barbeiro: Excuse me, Miss Boyle. Could you tell me where you live in-
Boyle: We live hext to the house that's pictured, going up the street.
Barbeiro: The second home on Leslie Drive.
Boyle: Yes. As Mr. North said, we are surrounded by lots of fields and wide open
spaces. There isn't any other office space. There isn't any other connection to what's
being placed there any place in the surrounding. The subdivision's further away from us
still maintain a higher home value and sale value.
MacCoy: Thank you very much for your comments. Yes sir.
Sercino: I am Louis Sercino, Moreen Boyle's husband. I live in the same house.
Basically I can't come out and say I am totally opposed to the whole project, but the
concerns that I've got (inaudible) a new concept in the development of the property, first
of all, in the way of office building. In my mind-I was out of town when Mr. Barnes had
the meeting. That's why I missed it and kind of coming in here rather ignorant. The
,Meridian Planning and Zoning Commission Special Meeting
July 29, 1999
Page 10
question that I have or the concerns that I have in regard to office buildings are in the
area of whether or not they are going to be 24 hours a day use. Whether there is going
to be security. We are talking about tarmac and parking lots with light on them. Of
course that is going to have an effect on the quality of our life. When you talk about
your kind of ---whether we would rather have a field in the back versus office buildings
or $125,000 houses, we have pheasants and quail back there now and certainly I would
prefer that but that is being unrealistic. Again, the concern I've got is that-my
understanding is that the low income housing is probably going to be developed by Mr.
Barnes as part of the development. Isn't that true. Isn't that part of the plan? Does
anybody know? Because you know, as far as this is a nut of a one nut development
work. He going to develop the office buildings all in one shot. This is the case of the
office buildings being built and some realtor coming in and selling lots for people to buy
houses. What's going to happen is these homes are going to be built as part of the
development and the concern that I got, a long with everyone else, is that they are not
commensurate with the homes in the area. They are going to water down the value of
the properties and in fact -at that level, not to say anything about people that buy
$125,000 houses, but it is going to have an effect on the quality of life as well. In
general, I guess what I am saying is that I've got some major concerns about
quantifying the office buildings. What they are going to be. Whether they are going to
be condition use and so on and so forth, as well as the homes. There is just a lot of
unanswered questions in my mind before I can even consider an intelligent decision one
way or another.
MacCoy: Before you leave, (inaudible) land out back.
Sercino: I'm sorry. What did you say?
MacCoy: I said since your homeowner's yourself and others like the land out behind
your place with the pheasants, and I don't blame you one bit, have you ever thought
about, you know, putting together a package plan and buying that land so you would
have it for future.
Sercino: We wish we had bought it when it came up for sale in the first place.
MacCoy: I bet you do. That's one of the things we keep looking at. We hear this
comment all the time.
Sercino. That's an idea. Maybe we ought to -we had a homeowners association at
one time. I think the remnants of it are still there. I am not sure we can get everybody
together to look at that possibility and in fact whether or not Mr. Burnes would even be
interested. Obviously, he did not buy the property for -to be a nice guy. He bought it to
make money. No one can blame him for that.
MacCoy: Just a suggestion. Any other comments or questions. Thank you very much.
•
,Meridian Planning and Zoning Commission Special Meeting
July 29, 1999
Page 11
Kane: This will be my last comment for tonight. To go along with what Mr. (inaudible)
said on his (inaudible) As we all know Eagle Road has become a major thoroughfare.
At best, it is uncontrolled. Speed limits there running any where from 65 to 70, even
though it is post 55. Trucks use it. It is a constant stream of truck so anybody that's
been out there knows that. There's no signs that prohibit compression brakes, so right
now you hear compression brakes as they are putting them on coming in Fairview. As
part of this development as we discussed the other evening at Mr. Barnes house, it's a
proposed stop light right out here approximately as I understood it to a road that is yet to
be shown on here directly, but I think it is right along here that goes into the school. We
would have an additional stop light put here. That means that all these truck traffic and
the rest of it again will be stopping in this area here. It's bad now. It would become
probably unbearable to most of us. The idea of a birm along here is obviously very
much in tune with what we feel, but if we are going to continue to develop the way the
Californians are developing, and that seem to be the way we're going, if you go to
California you will find that there are block walls, 10 feet high or there about, that go
down in front of all the subdivisions, new developments that counter act this noise to a
great deal. If we are going to keep going this way, then maybe we ought to look at the
noise abatement as a major portion of any further development along Eagle Road, at
least. Anybody who wants to come out in my backyard any night of the week now,
versus when I bought the place in 1988, is welcome to come listen. I understand that
it's progress. There is not much we can do about that, but I would like to see some
thought given to anything that we can do to knock that noise level down. Certainly a
stop light here in conjunction with everything else is going to exasperate the problem
immensely.
MacCoy: Thank you. I am sure you realize, since you bought in 1988 that Eagle at that
time was a two lane road and of course it is a major north south-
Kane: Fifty-seven years I have lived here, so I remember Eagle Road when it was not
much of anything.
MacCoy: I will tell you this, that there is-a number of meetings I have been in the last
year and a half, two years, which is a real concern of ACRD operation, of how do you
control the noise. They have taken basically a country road and turned it into a main
thoroughfare or freeway. You mentioned LA and other cities are the same and San
Francisco, and there are all types of things that are being used today. I'll say this for
ACHD, they are looking a lot of these (inaudible) what do we want in our community,
because we know we've got a problem. Just some information for you.
Kane: I appreciate that. Like I say, the truck are probably the biggest problem and
when you throw a stop light right in front of us, that is going to make it that much worse.
Not to count getting in and out of our lane, our drive. Could be better. Could be worse.
I don't know. Right now it's peaks and valleys and we accept it, but we just would like to
have you all try to help us maximize the effort to curtail.
MacCoy: We're concerned. Very good sir.
Meridian Planning and ~ing Commission Special Meeting
iJuly 29, 1999
Page 12
Barbeiro: I have a question for staff. Shari, if I'm not mistaken, the stop light that is to
go there as the new road comes in is planned at a future date regardless of Mr. Barnes
development.
Stiles: According to the Eagle Road corridor study. The way I interpret that study is
yes, it is proposed that the road will be there and however they are going to phase that,
I don't know. There is a light proposed there. It would be regardless of what John does
with his property.
Borup: Mr. Chairman. While Shari's all ready addressing us, could you comment on
the aspect of the zoning. Mixed use-was that the only viable option for zoning for that
area, or what other options could there have been.
Stiles: They're not proposing a zoning of mixed use. They want to designation in the
Comprehensive Plan of mixed planned use development, which would allow a variety of
uses. The only other designations on the Comprehensive Plan map now would be
single family residential, agricultural, mixed residential or light or general industrial-or
commercial.
Borup: Could there been a request for Comprehensive Plan change and annexation
and zoning to strictly LO?
Stiles: They could, just because the Council or the Commission would recommend
mixed plan use development. We have had single use developments come in under
that mixed plan use, but they had to come in under the conditional use permit process.
When they came back before you for annexation and zoning, sure you could restrict it to
LO.
Borup: I'm just wondering some of the comments opposes the mixed use which would
mean all residential or all office. Probably residential along Eagle Road, a state
highway, is not real desirable-at least not if you're the one living there. Thank you.
MacCoy: Any other comments? Moving on, any one else want to make a comment.
Serino: One quick clarification. What I was (inaudible) to as well as what my neighbor
Ray brought up. The traffic flow and traffic pattern is a major concern since they
widened Eagle Road. I think it would behoove anyone or all of you to try to egress from
Leslie Drive a any point of time during the day, to get a better understanding of what I
am driving at. Your literally taking you life in your hands trying to get out on Eagle Road
on any direction. The speed limit there is 55 mph but no one follows it. There are
looking at 65 or 70 mph. These people are going by and it's just an accident waiting to
happen. The proposed traffic light at the very end, I am assuming, or the most
southerly part of the development, still in effect would cause, in my mind, a gridlock of
cars to back up at some point of time where we would not be able to get out of the
subdivision at all. Now originally this piece of property after Mr. Barnes bought it, was
Meridian Planning and~~ing Commission Special Meeting•
'July 29, 1999
Page 13
proposed, if I remember right somewhere around 12 or 15 homes with a very large birm
to cut down on traffic noise and so on. That's been changed and it seems like this
proposal keeps getting extended and watered down in stages. Again, I think the biggest
concern, one of the biggest concerns (inaudible) office buildings and mixed use is the
traffic pattern. It needs to have a hard look taken at.
MacCoy: Thank you. Anyone else.
Boyle: I'm Moreen Boyle. I am sorry this is not a round table because as people talk
you think about other things. You talked about housing along Eagle and it being kind of
negative. If you go down pass Ustick, there are some of the newest and largest
subdivision being build all along Eagle Road. For us to cross Ustick, and suddenly
Eagle Road has a different land use and public use doesn't make sense to me. That's
number one. Number two, it doesn't make sense to me to build a school and then have
it surrounded with buildings being used for offices. Why then are we having a school in
a office area? There are not any other schools that I can think of around the western
part of the city that have office buildings near by. We even had a big controversy just a
year or two ago when Albertson's wanted to build down on McMillan because they did
not want to have a store across from a school. Why are we allowing office buildings? I
don't understand that and who will manage those office buildings as my husband
asked-what kind of deliveries? Who is going to be around at night? Are we going to
listen to the machines clean up their parking lot after midnight? Are we going to see
dumpsters out behind these buildings? I don't understand why they would build that
next to a school or even nearby in the same neighborhood. The whole thing doesn't
make sense to me.
MacCoy: Good points. Thank you. Anyone else? Got one back in the back. All right.
Bentley: My name is Connie Bentley and I live 3154 Leslie Drive. I probably talk louder
because I live on Eagle Road. This thing isn't even on. That's tricky guys. Thank you. I
live right across the street. First of all, looking at this I'd like to know where the balloon
was tethered because it completely missed my property. I was the original house in that
area. I also am a single parent and if you probably ask these people who have driven
by my house and probably thought boy I wish they'd move out and get someone else in
because I have taken a lot of time to build up my property. Now I can't go out because I
can't hear. Because of the noise I don't go out and have barbecues and I don't go out
and do that because and now your telling me there is going to be a light there... I'm
going to have these things stopped by my house? I am upset. First of all, Mr. Barnes
never invited me to his meeting, so this is the first time I heard about it. I got a letter this
last week. The state would not put the birm because them said that was not in the
project. We have a little thin fence. I use to have trees and everything that were there
that kind of kept out the sound, unless there was a fatal accident on the corner, and now
is kind of seems like I going to have more fatal accidents. I am serious about that
because you can't get out on that road. Whoever... if you guys are kind of looking out
for us and this is going to be us and are you guys going to be charging us for sewer? Is
that going to happen next? To me it's like you have a whole lot of things that are
Meridian Planning and ~ing Commission Special Meeting
`July 29, 1999
Page 14
coming up that I have a lot of questions about and I never even knew that this was
happening and I've been in a lot of contact with the state because of selling off my
property there. That's my concern. I don't even know if you heard what my concerns
are, but I've got a lot of them
MacCoy: I think we heard you there. Any questions for her before she leaves.
Barbeiro: I have a question for you. I use to escort some of the special ed kids to your
class. There seems to be a great deal of concern about the traffic on Eagle Road.
Here is your opportunity to speak for your neighborhood. How do you believe the traffic
would be increased or decreased by this development, regardless of the fact that a stop
light is planned there without regard to this development.
Bentley: I really don't have any idea about that. I just know by living there, I know what
it is now. The traffic light I have never heard about. I don't understand that their saying
that your going to go 55 miles from an hour from Ustick to the next stop light. And then
your going to go 55-they are going to change all that I guess, in stead of -is that what
your telling me.
Barbeiro: The question is there's so much discussion about the traffic on Eagle Road.
It is my belief that regardless whether this development goes ahead or not, the traffic
will remain a problem and this development will not add an significant amount to the
traffic, as well as the stop light will go in, in time, whether this development goes in or
not. So, speaking specifically to this development, I don't imagine that you or any of
your neighbors would like to have a 10 foot concrete wall put up along side Eagle Road.
Bentley: But, beside my house? You offering
END OF SIDE ONE
Bentley: I would take it, yes I would. Because your not there. You don't know. I would
take a birm and a wall. I also would take it that you would slow down the traffic to-like
to 35 or 30 like on Ustick now that they have it by their subdivisions. And then I would
also look at that you would limit truck use and the weights of trucks. I don't think you
will able to do that. Now your saying there is going to be some kind of business there
behind my house in that area and now---the traffic. I can't have my windows open and
at least later at night it kind of slows down. Now there is going to be business going on
there. I see that that's a big impact. When I got my not, I did not know it was a
continued-I don't even know-I am shocked actually. When I came, I though it was
the beginning of it. That is why I wanted to be here and be a part of it because I really
care about my community. I see the things that we really hold dear is being taken
away.
Barbeiro: I all most want to elaborate on that but I know better.
Meridian Planning and ~ning Commission Special Meeting •
July 29, 1999
Page 15
Bentley: Okay. I do you know. I think the things-especially these other people way
more than myself because I felt really blessed to be able to buy my house when I did.
So, I look at that. I know the feeling I have about improvements in my home and how
important that way and I know that just recently when I was looking at value of my
home. They compare it to things within '/2 mile. They are going to use that property. If
you put $120,000 homes, they're going to use that to compare my property. That is
going to lower my property even more. I've already lost a lot because of the sound and
because of smog-that is way up there compared to what it use to be. There has been
a lot of things that have happened. I realize that. I mean my -I felt blessed to be where
I am. These other people had money and chose to be in that area because they liked
the quality of living that they were able to have. That is being taken away from them.
There is no one there---there should be a requirement to have those birms. That helps
with, not only the sound, but it helps with pollution part. I do what I could. I went to all
those committees and tried to fight for that. I had no money to do anything. I needed
that guy down there. Rossman. Where were you sir?
Rossman: I wouldn't have been any help.
MacCoy: As your going away just this days or yesterdays Valley News has carried an
article which will continue to be running. We are getting ready to do our Comprehensive
Plan work and we are asking the citizens to come out and join our committees to say
things like yourself. One of our problems is that we don't have birms and what have you.
Our Comprehensive Plan is pretty thin when it comes to things like this. We didn't,
years ago, expect what we got today. There is nothing in there that really protects any
of us. One last remark on the traffic signal that keeps coming up, that was in the
discussion some months ago when the school came in. That was part of the school
being granted that position. They had to have a traffic light so ACRD gave them that
light. All right, is there anyone else. Either side of the fence right now? If not would
JUB make a closing comment for your material
Taylor: Mr. Chairman, members of the Commission, some of the comments I have
heard before. Some of the people I know we have not seen before. I appreciate their
comments. One of the things that we are looking at here is not a rezone but just a
Comprehensive Plan amendment. We are looking at mixed use. We really haven't
determined what those mixed uses precisely will be. I don't anyone has talked about
low income house, for instance. That was never discussed. Maybe we were talking
about lower priced housing, but never low income housing. We talked about office
buildings. The reason we did that was to provide a noise barrier along Eagle Road for
exactly the reason that's been discussed this evening. Also, we are familiar with office
buildings that have co-existed next to residential areas and an excellent use next to
residential. People work 8 to 5 at office buildings. They are landscaped and they go
home and they are not there on the weekends. They do work well with residential
areas. I am talking about professional offices. One of the things we were even thinking
about perhaps was having a daycare center next to the school so that it would be
something compatible with the school that had been suggested. So there was a
method and reason for this proposal to have the offices next to Eagle and then have
Meridian Planning an~oning Commission Special Meetin~
July 29, 1999
Page 16
housing next to the school. Especially, housing next to the school. We thought would
be a great opportunity. We also know that there is going to be a signal for the school to
access Eagle Road and that is because it's on the half section and ITD, I don't want to
speak for ITD, but I know they have already agreed that that is where a signal is going
to go and they are going to try to put frontage roads, especially when the Kleiner
Property develops, they know they can except a lot of development. That is shown as
mixed use, if I'm not mistaken in the Comprehensive Plan-at least part of it is. Part of
the area around Ustick and Eagle Road, I believe also. At any rate, this proposal was to
be a good neighbor proposal and have the offices and some residential-the
elementary school is a given at this point. It's going in. We would-the reason we only
came in for a Comprehensive Plan amendment was to work with the neighborhood in
developing a planned development. That's exactly the reason we really were reluctant
to show any homes or size of professional offices at this point. We did that just to
satisfy your request, but there is a lot of work left to be done on the development. We
have heard the comments tonight. Mr. Barnes had to leave, but I took notes and we'll
be back for further discussions on the site. Thank you.
MacCoy: All right. Thank you very much. All right Commissioners.
De Weerd: Mr. Chairman, I think it would be only fair to continue this until after Item 4
so we can hear the next items without effecting this application.
Borup: Is that a motion?
De Weerd: That could be a motion. That is a motion.
Borup: Second.
MacCoy: All right. All in favor?
MOTION CARRIED: ALL AYES
ITEM 2. CONTINUED PUBLIC HEARING: REQUEST FOR REZONE OF 11.4 ACRES
(FROM I-L TO C-C) BY DEVELOPER DIVERSIFIED REALTY CORP /DAKOTA
COMPANY- SOUTH OF FAIRVIEW AND EAST OF RECORDS:
MacCoy: On to Item 2. Staff.
Barbeiro: Mr. Chairman. Before we enter into in to the continuance of the hearing, in
keeping with the announcement I made at the opening of this public hearing, my
employer is currently constructing a project, administered by Dakota Co. and owned
Diversified Developers Real Estate and I wish to refer my potential for a conflict of
interest and request permission to sit out this hearing.
MacCoy: All right. Just one moment. Attorney?
** TX CONFIRi~ON REPORT ** AS OF JUN 22 '99 17 44 PAGE. 01
CITY OF MERIDIAN
DATE TIME TOiFROM MODE MINiSEC PG5 CMD# STATUS
11 0622 17 41 208 888 6?00 EC--S 02'40" 010 211 OK
--------------------------------------------------------
*~
MAY ~ 9 1999
CITY OF MERIDIAN ~',}` r' ~ 7 ~~~~ .
200 East Carlton Avenue, Ste. 201, Meridian, ID 83642 ~'"~~~ ~ --~~~~f t
Phone: (208) 884-5533
Fax: (208) 887-1297
LPA-qq'~~
COMPREHENSIVE PLAN AMENDMENT APPLICATION
APPLICANT: J-U-B ENGINEERS, Inc. PHONE:
ADDRESS: 250 S. Beechwood Avenue, Suite 201
OWNER: Jon L. Barnes, Properties West. Inc.
376-7330
PHONE: 345-7523
ADDRESS: 1401 Shoreline Drive, P.O. Box 2797, Boise, IO 83702
GENERALI.OCATION: West side of Eagle Road between Fairview and Ustick
LEGAL DESCRIPTION OF PROPERTY: _ (attached )
PROOF OF OWNERSHIP OR VALID OPTION: A copy ofyour property deed or option
agreement must be attached.
PRESENT ZONE CLASSIFICATION: RT
VICINITY SKETCH: A vicinity map and/or site plan at a scale approved by the City showing
property lines, existing streets, easements, and such other items as the City may require (35
copies).
Fee: 1 100.00
I hereby certify that the information contained herein is true and correct. I also certify that I will
post the property one (1) week before each public uig.
SIGNATURE:
MERIDIAN PLANNING & ZONING COMMISSION MEETING: JULY 29,1989
APPLICANT: J-U-B ENGINEERS, INC. AGENDA ITEM NUMBER: 1
REQUEST:
AGENCY COMMENTS
CITY CLERK: SEE ATTACHED MINUTES
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT: ~ ~ /
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT: ~ ~/~~
MERIDIAN SCHOOL DISTRICT: 1 ~"~I
~~
MERIDIAN POST OFFICE: ~fY~
'~~
ADA COUNTY HIGHWAY DISTRICT. ~ ,
~ ~~
~
ADA COUNTY STREET NAME COMMITTEE: (~ 7
CENTRAL DISTRICT HEALTH:
~~~
NAMPA MERIDIAN IRRIGATION: ,
~~,,
SETTLERS IRRIGATION: ~ ~
y ~v
IDAHO POWER: ` ~v~'~
US WEST i~ .~~~w
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become properly of the City of Meridian
Meridian Planning anc•ning Commission
June 17, 1999
Page 34
Aldridge: Yes, that's approximately three and a half acres out of the four and a half
acres.
Barbeiro: Thank you.
Borup: Thank you. Do we have anyone from the public who would like to testify on this
application? Seeing none,
De Weerd: Mr. Chairman, I move that we close the public hearing.
Smith: Second.
Borup: All in favor.
MOTION CARRIED: ALL AYES.
Borup: The public hearing is closed.
De Weerd: I have no further comments.
Borup: Do we have a motion from anyone?
Smith: Mr. Chairman, I would like to make a motion that we recommend to City Council
approval of this request for conditional use permit and that as always we incorporate
staff comments as part of our recommendation although I neglected to say that on the
last one.
De Weerd: I would second that.
Borup: Thank you. All in favor?
MOTION CARRIED: ALL AYES.
6. PUBLIC HEARING: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT
TO CHANGE LAND USE FROM RESIDENTIAL TO MIXED USE (RESIDENTIAL
& OFFICE BUILDINGS) BY J-U-B ENGINEERS, INC.-WEST OF EAGLE RD,
BETWEEN FAIRVIEW & USTICK:
Borup: Ms. Stiles, do we have any staff comment on this?
Stiles: Mr. Chairman, Commissioners, other than the comments that you received, we
don't have any comments. Well I guess I do have a comment. As a result of the two
Comprehensive Plan amendments, I received requests for three additional
Comprehensive Plan amendments and they all want to be considered at the same time.
Meridian Planning and ~~ning Commission
June 17, 1999
Page 35
Referring to Mr. Gigray's statement about acting on all of these amendments at the
same time, Boise City does accept Comprehensive Plan amendments. They do it in
February and then again in June. They hold up all of those amendments and then act
on them as a single public hearing, but just to let you know in the future, that's
something that we might want to consider.
De Weerd: I think that's an excellent suggestion.
Stiles: But we had numerous other requests for Comprehensive Plan changes that we
have put off just due to the fact that we're trying to get some standards established and
to change our -update our Comprehensive Plan, and I still feel that's appropriate prior
to taking action on any of these minutes.
Borup: Are any of the others in this geographical area?
Stiles: Yes, there are two in this general area, and then there's numerous ones
throughout all of our impact area.
Borup: Thank you. In fact I would like to have at the end of the meeting maybe a
chance for just some discussion on how we may want to handle future amendments. I'd
like to open the public hearing at this time and invite the applicant to come forward.
Stearns: My name is Carl Stearns. I'm a land use planning consultant with JUB
Engineers at 250 Beechwood Avenue here in Boise. I'm representing the applicant who
is John Barnes of Property West, Inc. This isn't JUB's property as the agenda had
stated. I just wanted to make -first of all make a correction. The property is not 40
acres. That was a mistake made in our application. I apologize for that. The property
is actually 20 acres, a large portion of which has already been approved for an
elementary school with the school district and therefore the remaining property is
probably about 8 acres is what we're basically talking about here tonight. The reasons
for the request is that particular area is changing rapidly as I'm sure you've all seen in
driving down that road, Eagle Road. Some of the changes in the vicinity that warrant
this request is first of all let me explain the request. The request is to have a mixed use
area adjacent area adjacent to the Carol Subdivision along Eagle Road. The portion for
commercial, we're planning on professional offices, one story, similar to others that are
along Eagle Road as well as residential between that office and the elementary school.
The residential that's being planned or have in the concept stage are like patio homes,
single story, common wall type buildings similar to like townhouses. That is what we're
requesting. The reasons that warrant this request is number one you can see where
we're proposing to put the offices is along Eagle Road which is a five lane road at the
time. There is currently a lot of traffic due to construction elsewhere between Meridian
and Boise, but it's also that traffic is traveling at speeds in excess of 60 miles an hour
there. It's very difficult to pull off of Leslie Road just to take a left or a right off that road.
There will be a collector road put in just to the south of the property that will access the
elementary school and the Kleiner property to the south. That collector road is planned.
Meridian Planning and~ning Commission
June 17, 1999
Page 36
ACHD is planning a signal at that intersection. So we feel that that is another good
reason. We have opportunity here to allow for light commercial type development along
with mixed use, patio townhouse type homes. The current Comprehensive Plan does
not allow that. It only allows for single family residential, which we feel would not be
appropriate along the road of this capacity and speed in that area. The offices will act
as a buffer between the residential as well as a buffer between the school and the
residential. That is a technique that is often used in land use planning as far as master
planning for developments such as this or when creating or developing a zoning map.
We often try to buffer things with different uses and separating those uses and then
allowing for mixed use. The applicant is proposing a true mixed use development. This
area by having the school which is well located because of the residents in the area.
Many residents will be able to have their children walk to school as well as having office
and then the patio residential adjacent to that. It's in the spirit of clustering development
with compatible uses is what we're going to propose for this site. As far as the Comp
Plan goes, we took a look at the Comprehensive Plan to ensure that what we're
requesting is in conformance with the goals and policies of that Comprehensive Plan
and some of those specifically were stated in our application didn't look as if staff had
included those in their report. Under mixed planned use development areas under land
use is 1.8U, states to promote -
Borup: Excuse me sir, that is in our report.
Stearns: You have that?
Borup: But you can still proceed, but that is in our packet.
Stearns: Okay great, so we're talking about development of high quality and
environmentally compatible residential areas with parks, schools. We believe that this
proposal is in compliance with that goal. We're in the spirit of that. Also the support of
a variety of residential categories throughout the city. This is an opportunity to do so in
that case. Also to monitor and coordinate compatibility of land use and transportation
systems. Those are the ideas, our observations regarding Eagle Road and then
encourage the clustering of uses and controlled access points, which I spoke of
regarding the signaling as well as having professional offices, patio homes, the school
and the adjacent subdivision. Just to make a few general comments regarding the staff
report, let's go through it fairly quickly with some of the ideas some of the things that we
would like to point out number three states about the sewer trunk line. Probably that will
be more relevant when this property actually comes before you for subdivision and
development. However the school is going to have sewer and the developer was the
owner of that property and sold that property to the school will have sewer access at the
site. Eagle Road designated as a limited access corridor. They will have one access.
Developer will not be proposing additional accesses along Eagle Road. I understand
the city entered into a contract to update the Comprehensive Plan, and it's expected to
take approximately 12 to 18 months. I'm also in the business of creating helping cities
such as yourself to create Comprehensive Plans and that's a pretty good estimate as
Meridian Planning and~ning Commission
June 17, 1999
Page 37
far as how long it takes. It typically does take 12 to 18 months depending on what
happens. It could take a little longer. What we're stating here though is that we have
an opportunity to look at a specific area and update the Comprehensive Plan as it is
existing and as it's being enforced right now. This is the plan that you have until it is
updated in the future. Typically during an overall Comprehensive Plan update, you
don't often get the chance to take a look at specific areas. That is why statute allows for
the Comprehensive Plan to be updated, because there are things that are overlooked in
the overall picture. So what we're asking you to do today is to take a look at this
specific area and see whether or not this is one area in which the Comprehensive Plan
should be changed to accommodate future growth with the plan. So you have an
opportunity to look at something in more detail than you may have the opportunity to do
over the next 12 to 18 months. Of course you get a bunch of these applications in this
area. That might not be the case either. Also the last comment stating about Idaho
State Code stating no changes can be recommended for another six months. This is
correct, however, I think that if the planning commission were to make an action or
recommendation based upon this request or any other Comprehensive Plan request
that were before you that I heard today and I'm certain that you will have more, I don't
believe that that will have any effect on the update of the Comprehensive Plan since we
are talking about a 12 to 18 month window. So it won't hold up your plan updates.
Unless there's any questions, that concludes my presentation.
Borup: Any questions of the Commissioners?
Barbeiro: In the Carol Subdivision single family homes, what are the current lot sizes in
that area?
Stearns: Let me ask the developer. About one acre.
Barbeiro: Okay so we have one acre and the new proposed residential would be an R-
4?
Stearns: What are you planning?
(Inaudible)
Stearns: Probably higher than R-4. (Inaudible) have John Barnes answer those
specific questions for you. Would that be okay?
Borup: Yes, let's wait to see if anybody else has any questions for you before you -
anyone else or do you have some more?
Barbeiro: The elementary school that is laid out here that is the elementary school that
is to go to bid here in the next couple of weeks?
Stearns: Yes.
Meridian Planning and~ning Commission •
June 17, 1999
Page 38
Barbeiro: Okay. The office complex that you have proposed, do we have a vision of
what we intend to place in that office area?
Stearns: We do. I have some pictures of some of the ideas if that would be helpful to
you, but once again I would ask you to talk to the developer. I specifically have been
working with the developer on the policy and Comprehensive Plan change.
Barbeiro: Some of the specifics of the office area aren't architectural but use.
Stearns: In use, like we stated in our application would be like dentist offices,
professional type offices, not retail. Retail would develop a lot more traffic and probably
and I don't believe would be allowed by the Comprehensive Plan change that we're
asking for so it would be professional type offices. Any of the Commissioners have any
questions?
De Weerd: Not at this point.
Stearns: Okay thank you. Would you like me to have John answer the specifics?
Borup: Yes, do you want to get your question answered now?
Barbeiro: Yes, please.
Borup: Can we have Mr. Barnes come on up?
Barnes: John Bames, 1034 Justin Place, Meridian, Idaho.
Borup: Mr. Barbeiro, would you like to maybe restate your questions for Mr. Barnes?
Barbeiro: Mr. Barnes, as we just stated earlier the Carol Subdivision includes lots and
homes on one acre plus lots. The proposed residential area that you have, are we to
understand that that will be perhaps an R-8?
Barnes: Yes. Yes, more of a higher density. We want to incorporate and we've got
permission with the school district to incorporate their playground area kind of a park to
serve as a community there and so we'd like kind of cottage homes. We would be
coming in with a full presentation of what we're talking about, but it's definitely a higher
density than your present R-4 zone, more a townhouse zero lot line type of
configuration.
Barbeiro: Okay so it would not stand alone homes or individual homes?
Barnes: They would probably not be attached. They would be detached, but probably
zero lot line with an offset of five to ten or -
Meridian Planning and~ning Commission •
June 17, 1999
Page 39
Borup: You're talking zero lot line on one side.
Barnes: Yeah, zero lot line on the one side, then a setback off of that zero lot line
where the foundation starts so we're not talking about a fully attached townhouse or
apartment complex, but they'll be single family residences aimed at the professional or
the single person and like I say trying to tie into the community with the school using the
school's playground area as recreation area.
Barbeiro: Then these would be intended to be owner occupied facilities?
Barnes: Yes, yes.
Barbeiro: I imagine that you have prepared some sketches as to how you would like to
do this. Can you tell me about how many residential units we might expect in this area?
Barnes: We haven't got that exact number, but we're only talking total of 8 acres in
totality there, so the residential we're talking maybe four acres and somewhere in that
range of six or eight per acre. So that would put us somewhere around 32.
Barbeiro: The only entrance and access to this property would be through the road
between the elementary school and the office. The road that goes in between the
elementary school and the office into the residential area, would that be the primary
entrance into the elementary school?
Barnes: Yes.
Barbeiro: So we're going to have a combination of residential, we're going to have a
combination of bus traffic, parents coming in. I've not seen the plan for the elementary
school and do not know if we have a complete pass through into this future road
connection, but as it stands we are adding a tremendous amount of traffic with the
addition of 32 single family homes and the entrance and exit of school buses and
parents coming into to collect their children.
Barnes: Can I comment on that?
Barbeiro: Please do.
Barnes: If you look at your site plan there, you'll see another entrance that goes back to
the west and there's a parking lot, the west end that comes in from Packard
Subdivisions and most of the constituents, the parents, the families will live over in that
Packard Subdivision another subdivision directly west of the site there. That's the
primary access for the parents will serve, come in and out of the school and they can
park and come in. The two of them are not connected on the site plan of the school.
Then the front entrance going out on Eagle Road like we said was a collector will have a
light at some point in the future as traffic calls for it. It would serve the bus traffic
Meridian Planning and~oning Commission
June 17, 1999
Page 40
basically only is all we're talking about there. Then we come in -then off of that, that's
a full public width street then we will come in and probably go up the cul-de-sac in that
residential area and come right back out, and serve as a rear entrance into the office
areas right there.
Barbeiro: The future road connection that is shown on your map is road to be built in
conjunction with the elementary school?
Barnes: Yes. The collector? Yes, the collector going out to Eagle Road?
Barbeiro: No, not the collector going out to Eagle Road. There's the one that -
Barnes: On the west end, yes.
Barbeiro: Future road connection.
Barnes: Yeah, that's going to be built when the school goes in.
Barbeiro: Okay so they are in conjunction with the school. Will the future road
connection as listed here and your collector road on to Eagle Road in time be
connected?
Barnes: Yes, it will. When the Kleiner property is developed, that 80 acres there.
Barbeiro: Prior to the Kleiner property being developed, without having seen the
elementary school, will traffic be allowed to pass through a parking fot in the elementary
school and exit out?
Barnes: You mean going west?
Barbeiro: From west to east.
Barnes: No, they can't. Those parking lots are separated.
Barbeiro: Okay, thank you.
Barnes: On a school property.
Borup: Any further questions?
De Weerd: I have a question and I don't know if it's for the applicant or staff, but when
we have a Comp Plan like this, does ACRD see this request and have they made any
comment about additional traffic type of thing what this proposal would add traffic on to
Eagle Road?
Meridian Planning and ~ng Commission
June 17, 1999
Page 41
Barnes: I think we'd have to get into our formal presentation of exactly what we're going
to do as far as the platting process and then they would be able to comment, but we
have gone over this with them because it's been quite a diligent getting Idaho
Transportation Department, ACRD and everybody together on this school site. So they
know what we're talking about doing there.
De Weerd: I know, I understand there is additil asked therquest o putting more traffic
out at different points on to Eagle. That s why
Stearns: Carl Stearns. They state that if the site were developed under current
residential and office zoning the trip generation would be estimated 1600 vehicle trips
per day. They state that the development as proposed is estimated to generate up to
1800 additional vehicle trips per day. So the difference there is about 200 trips per day.
I do have to state one thing, they do state that it's a 40 acre site. They did outline the
site. I don't know how they absolutely didthe ma It I don't know f that'shp rt of y° ge
We do have that. Shari sent that to us in
packet.
Borup: Did that answer your question Commissioner De Weerd?
De Weerd: Yes, thank you.
Barbeiro: Don't leave please. Again the residential is approximately 8 acres and the
area marked for office is about 6 to 8 acres.
Stearns: Yes. No, no. There is 8 total, about half in each. Let me give you this. This
is the legal drawings. It's about 8 in total.
Borup: Okay. Thank you. Again, this is a public hearing. Do we have anyone that
would like to testify on this application? NO he reclord,might mention we have received
2 letters from the public. Those are part of t
De Weerd: Three letters.
Borup: Pardon me. Three? There have bn{ n~several letters and they are part of the
record. Okay. Staff have any final comme
Stiles: Mr. Chairman, Commissioners. The only thing I would add to this, as far as that
access proposed to the school, the Council only approved that school with no access to
Eagle Road of any kind, except for the emergency vehicle access. The school district
will not be accessing the public street, unless the Council changes their decision.
Borup: So your saying that's even less traffic on that street.
Meridian Planning and~ing Commission •
June 17, 1999
Page 42
Barbeiro: Shari if that's the case and Council agreed to the elementary school without
access to Eagle Road, then the likelihood of a signal going in there is pretty slim.
Stiles: The signal is based on the Eagle Road corridor study that was done in
conjunction with Ada County Highway District and the Idaho Transportation Department.
It's meant as an interim phasing of what they will do along Eagle Road. They would put
that---they proposed it at'/2 mile sections to put another signal and eventually, once the
frontage road system is developed, possibly get rid of those entirely.
Barbeiro: Okay. The way that it appeared to be presented I thought that if this was
going to bean access to the elementary school that a signal would be in conjunction
with the elementary school. That is not true.
Stiles: I don't believe so, no.
Barbeiro: Thank you.
Borup: I'd be interested in any further comment Shari on the Eagle Road study. You
made mention of frontage roads, which is what I felt all along is very appropriate for that
area. Is that-I though they were still working on that study.
Stiles: It has been completed. They want to buy up the driveways that currently exist
there as they can and to minimize any of the driveways along Eagle Road. Of course,
they would still have to have access points to them and that's why they would consider
having additional signals. but, they do plan a series of frontage roads all along Eagle
Road to make sure that every single parcel along that stretch doesn't have access.
Both sides.
Borup: That's something that ACHD would be commenting on as applications came in
for development.
Stiles: Yes
Borup: I am assuming one would need to accommodate that in their design plans.
Barbeiro: tf that is the case that they intend to put frontage road along there, and I see
that we have homes beginning at Carroll Subdivision, and I believe that is Leslie Road,
the inclusion of an office here could preclude them from building a frontage road along
the west side of Eagle Road, and I am wondering if ACRD would or ITD a concern with
building an office in an area where they later expect to put in a frontage road.
Borup: That was my comment. I think the developer would need to accommodate that.
That's why I would be interested, if that study is complete...this may warrant
presentation from ACHD at a future meeting.
Meridian Planning an~ning Commission •
June 17, 1999
Page 43
Stiles: I can get you a copy. They have made a presentation to the City Council. It
wasn't very detailed. I do have a copy in my office if anybody wants to take a look at it.
think is would probably be difficult to establish a frontage road right at this location,
because they do propose to have access there at that half mile mark. How you would
get a frontage road through this and continue on through existing home sites would be
kind of hard to accommodate that unless they decided to redevelop.
Borup: I think that would be good information that we should have for-it may be 10 or
20 years before this area is developed. I don't know that any of us will still be around,
but I think that would be important for future planning, so I would be interested in what
ACRD proposing and now is the time that we need to make accommodations for those.
Thank you. Did any other Commissioner's have any questions, comments or
discussion probably is what we would be appropriate.
Smith: Mr. Chairman I guess that if we were to vote tonight to recommend approval of
this to City Council, we would therefore be able to cancel our special meeting. I guess,
the way 1 see it
END OF SIDE 3
Smith: there is two things that we can do. We can recommend denial or we can
continue this until our special meeting so we can act on this with the other
Comprehensive Plan amendment requests at the same time.
Borup: I would agree with that. I do have a question.
Smith: I don't have a position on this as far as approval or denial at this time. I would
be leaning toward continuing it.
De Weerd: I would too Mr. Chairman. I guess I would like a little bit more information
from ACRD too. And t guess, I know I'm (inaudible) but I don't understand why we look
at these things and we don't have a plan to even help us know why we are what we are
changing a Comprehensive Plan for. Is that unusual that you would like to see a plan
for something like this? I -
Smith: I feel like it is, cause I keep asking for them and don't ever see them. We could
as a condition of continuance or I guess we could suggest to the applicant to pull
together more information to help us understand what he is proposing to do here and
give us a better understanding of how this could dove tail in with any future plans that
ACRD and ITD have for frontage roads along this particular area of the Eagle Road
corridor.
Borup: The other comment I'd have on that is those are the items that come when we
are usually talking about annexation and rezone and or a plat. That's when the detail
we can amend the Comprehensive Plan. They still need to come back for zoning.
Meridian Planning and`~oning Commission
June 17, 1999
Page 44
De Weerd: I am not talking about rezoning about a plan either
Borup: Well we don't and we wouldn't. That's the time it could be turned down. The
Commission may decide that they want acre subdivision in there and put in 4 lots. That
wouldn't negate what we did on this application. That's the face in the future, but I think
a little more information probably would be pertinent, but that's up to this commission.
That could be part of the motion is to maybe request some additional information.
Again without - I know from the applicant's standpoint, I don't know if they want to if it
makes sense to do a lot of expense on design and drawing when they're not even sure
it's even going to proceed.
Barbeiro: Apart from what's been discussed here, I also see with the Kleiner property to
the south, I expect that very shortly with this proposition can you tell if the Kleiners have
proposed if they are want of the propositions for a change in the Comprehensive Plan
that are before you now?
Stiles: I haven't seen any proposal from them, no.
Barbeiro: As we are going to likely table this to go to our special meeting on July 29ch
excuse me continue it to our July 29th meeting, I would appreciate it if the developer
were to have something of an outline showing how the elementary school would sit and
how that would be sitting with the rest of the -along with a quick outline of where the
houses sit in the Carol Subdivision so 1 had a nice view of how that would go. Is that
acceptable to the developer?
(Inaudible)
Barbeiro: Thank you.
Borup: Okay, they said they could accommodate that.
Smith: I might add to that I am real concerned about the acre subdivision lots backing
up to a high density residential and office area and how those different zoning
designations would be buffered to not affect the - I mean Eagle Road has changed
significanfily in the last 30 years that )'ve lived here, and this valley is going to continue
to grow, but these folks shouldn't necessarily have to bear the brunt of bad design and
bad planning. It should be some thing the developer can show that he's going to do
there for buffering. I would like to see that if -
De Weerd: Conceptually.
Borup: Mr. Gigray has a comment.
Meridian Planning an~ning Commission
June 17, 1999
Page 45
Gigray: Point of information for the Commissioners while you're asking for more
information. This particular application unlike the one you had earlier is a stand alone
request for an amendment to the Comp Plan and you would be in a difficult situation to
amend the Comp Plan or recommend an amendment to the Comp Plan on subject to
conditions. You can do that if it's an annexation and zoning, because you have the right
to require them to enter into a development agreement as a condition of the zoning
designation or a rezone, but to have a conditional amendment to a Comprehensive Ptan
is something we can't do so I would just remind you the main focus on this is should this
area be re-designated on the Comprehensive Planning map as I understand the
application as a mixed use development as opposed to single family residential as it's
presently designated. Getting more information about while they plan to develop it may
develop some history though for you when they come back in with a subsequent zone,
but I'm not aware of a vehicle that we can have a conditional amendment to a Comp
Plan. I just wanted to let you know that.
Barbeiro: I would not have requested a conditional amendment, but the outline would
have been nice and of course I'm certain that this Commission would not look kindly on
his bringing something completely different before us. The outline is an outline. It is not
intended to be an actuality.
Borup: Okay, thank you. Did staff have a comment they were trying to make there?
Stiles: That's exactly what I was going to say.
Borup: Okay thank you. I have a question I would have was - I'm going to save this
until the end. That's all I have.
Smith: I'm prepared to make a motion. Mr. Chairman, I would like to make a motion
that we continue this item until our July 29th meeting.
Barbeiro: I had a comment -
De Weerd: I would second that so you could have discussion.
Barbeiro: As we had a concern on the most recent meeting about notification of
residents within a certain area. Is the developer required to notify the residents within a
300 foot area of this request in registered letter?
Borup: My understanding on a Comp Plan change, they are not; is that correct?
Berg: Chairman Borup and members of the Planning and Zoning Commission and City
Attorney Gigray, if you can correct if I'm wrong, but under the statute on Comprehensive
Plan amendments, we are to do a public service announcement to newspapers, radio
stations, television stations. We're not required the 300 feet radius for the property
Meridian Planning an~ning Commission
June 17, 1999
Page 46
owners for certified mail, not even in our own ordinances that require that. We try to get
it out to some concerned people, but we're not required to.
Gigray: And you publish in the paper.
Berg: Yes, the public service announcement is published in our city newspaper.
Borup: Again the Comp Plan amendment would allow them to do anything there. Well
maybe I stated that incorrectly, but it would allow them to proceed with an application
and then that application would noticed and be the normal process that we usually go
through on the applications that we see every month.
Barbeiro: Then the question would go to the attorney. We can request anything without
making it a condition. Is that correct?
Gigray: Yes, as long as you give some clarification budget wise as to whom might pay
for it. You know you might - I mean if you direct the staff to do it, then they will do it.
There will be a cost factor here.
Barbeiro: Then the question we have the public hearing closed. I can't asked the
developer -
Borup: I have not closed it yet. I'm sorry, no we have not closed it yet. It has not been
closed.
De Weerd: A motion has been made and seconded, but we have not voted on it.
Barbeiro: Then I would request that the developer -it's not necessary to be registered
mail, but send out letters to what appears to be about 20 homeowners in this area that
we would be having a public meeting for a change in the Comprehensive Plan for this
area and perhaps even including a map of some sort. Would that be an acceptable
request? Thank you.
Borup: And the word did get around or we wouldn't have received the letters. Do
people read the paper? Well usually more than that. I don't know usually when one
neighbor finds out about it, it spreads fast. It's been past experience here anyway.
Okay, we still have a motion on the floor.
De Weerd: I have no further comment.
Smith: None.
Borup: Okay all in favor?
MOTION CARRIED: ALL AYES.
Meridian Planning anc~ning Commission •
June 17, 1999
Page 47
Borup: Again it was continued to July 29tH 6:00 p.m. meeting. Commissioners, would
we like to take about a five minute break?
Barbeiro: Please.
Smith: Yes.
Borup: We will take a five minute break at this time and come back and address item
number seven.
(FIVE MINUTE RECESS)
7. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT INCLUDES
SIGNAGE FOR CHEVRON C-STORE WITH GAS PUMPS & DETACHED CAR
WASH, MCDONALD'S WITH DRIVE-UP WINDOW (SAME BUILDING AS C-
STORE) & IDAHO UNITED CREDIT UNION BY EAGLE PARTNERS-NW
CORNER EAGLE ROAD & MAGIC VIEW DR:
Borup: Shari, do we have any staff comments on this? We got your staff
comments in our packet.
Stiles: Other than the comments in our memo dated June 14, 1999, I have nothing in
addition to that.
Borup: Okay thank you. Any questions from any of the commissioners for staff before
we open this hearing?
De Weerd: I have none.
Borup: We'd like to open the public hearing and invite the applicant up at this time.
Again this public hearing is pertaining to the matter of signage.
Spink: Commissioner Borup and Commissioners, my name is Mike Spink 607 N. Stn
Street in Boise. I am Counsel for the applicant and am here only to introduce the
people who will be making the presentation to you tonight. In the Comprehensive Plan,
this is a mixed use area and we believe that as a result, there will be a mixture of types
of signs that ultimately are developed and installed throughout this area, this mixed use
area. Your action tonight is to approve or disapprove the sign request based upon your
sign ordinance. The applicant needs to understand the standards that are being applied
as the commission takes a look at this. Craig Jamieson of Idaho Electric Sign Company
will be making the presentation as will George Kyler of McDonald's, and I'll turn this
over to Mr. Jamieson. Thank you.
~lUB OF TREASURE UALLEY
LEGAL DEPARTMENT
Mayui
ROBERT D. CORRIE A GOOd PIaCe t0 Live ~2pg~ 28g_2499 • Fax 288-2501
CITY OF MERIDIAN PUBLIC WORKS
C,~y Cou~~,~ Members BUILDING DEPARTMENT
CHARLES ROUNTREE 33 EAST IDAHO (208) 887-2211 • Fax 887-1297
GLENN BENTLEY MERIDIAN, IDAHO 83642
(208) 888-4433 • Fax (208) 887-4813
PLANNING AND ZONING
RON ANDERSON
KEITH BIRD City Clerk Fax (208) 888-4218 DEPARTMENT
8) 884-5533 • Faz 887-1297
~~~~i ~.~
,1 U L 2 9 1999
Jul 29 1999
y '
MEMORAN DUM:
,r1 }~' (1F MI' RIDI~4~
To: & Council
Planning & Zoning Commission, Mayor
C
~`~~
From: Shari Stiles, P&Z Administrator
Re: Agenda Items of the July 29, 1999 Special Meeting of the Planning & Zoning
Commission
Numerous applications for comprehensive plan amendments have been received by staff in the
last two months. Due to the need to consolidate the applications received, I respectfully request
that a cutoff date of August 16, 1999, be established for final receipt of complete comprehensive
plan amendment applications and that a special meeting be set up for the last week of September,
1999, to consider all comprehensive plan amendments at the same time. This will give staff
additional time to prepare an analysis of the proposals and the goals and policies of the
comprehensive plan.
The following actions are recommended:
Item 1. Continue public hearing to specific date in September
Item 2. As this property is a portion of a previously approved conditional use permit,
removal of this land area from the overall planned development is a significant
change and would require a modification of the conditional use permit. This 11.4
acres was previously shown to be a theater. Also, it appears that the parcel is an
illegal subdivision. No plans have been shown for development of the property.
Staff recommends denial of the request.
Item 3. Continue public hearing to specific date in September
Item 4. Continue public hearing to specific date in September. Parcel shown would be an
illegal split of the property. Comprehensive plan must be changed to allow
annexation and zoning. Any consideration for annexation and zoning should
require development as a planned development under the conditional use process
and specific requirements included in a development agreement.
MERIDIAN PLANNING & ZONING COMMISSION MEETING: JUNE 17. 1999
APPLICANT: J-U-B ENGINEERS tNC. AGENDA ITEM NUMBER: 6
REQUEST: COMPREHENSNE PLAN AMENDMENT TO CHANGE LAND USE FROM RESIDENTIAL TO
MIXED USE
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
COMMENTS
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
SEE ATTACHED MINUTES
SEE ATTACHED COMMENTS
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
SEE ATTACHED COMMENTS
~Y~
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BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
v~,y y~,,,~ ~ £ P, ~.e .yam
Mayor
ROBERT D. CORRIE
HUB OF TREASURE VALLEY
A Good Place to Live
LEGAL DEPARTMENT
1208)884-4264
Co~~~,l Members CITY OF MERIDIAN PUBLIC ~,'ORKS
CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT
GLENN BENTLEY MERIDIAN, IDAHO 83642 ~ 120$ ss,-2,11
RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 l-~'LANNING AND zON[NG
DEPARTMENT
KEITH B[RD ~~= ~-' •- (208) 881-5533
:its, ~;~erk:rific
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: June 10, 1999
TRANSMITTAL DATE: May 11, 1999 HEARING DATE: June 17. 1999
FILE NUMBER: CPA-99-001
REQUEST: COMPREHENSIVE PLAN AMENDMENT TO CHANGE LAND USE FROM
RESIDENTIAL TO MIXED USE (RESIDENTIAL & OFFICE BUILDINGS)
BY: JUB ENGINEERS. INC
LOCATION OF PROPERTY OR PROJECT: WEST OF EAGLE RD, BETWEEN
FAIRVIEW & USTICK
_ TAMMY DE WEERD P/Z
_ MALCOLM MACCOY, P/Z
THOMAS BARBEIRO, 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
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:
• HUB OF TREASURE VALLEY
Mayor LEGAL DEPARTMENT
ROBERT D. CORRIE A Good Place to Live ~,OS) ~~~_~,~~~
Council Members CITY OF MERIDIAN PI~BLIC WORKS
CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT
1208) 857-„_11
GLENN BENTLEY MERIDIAN, IDAHO 83642, ;
RON ANDERSON Phone (208) 888-~33 • Fax (208) 887813" " ' ~l~LANNING AND ZONING
DEPARTMENT
KE[TH B[RD ! i ~ .~, ~ i` ~~ ", (208) 88-1-5533
'~"'-
,~f'1gc.r•i
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: June 10. 1999
TRANSMITTAL DATE: May 11, 1999 HEARING DATE: June 17, 1999
FILE NUMBER: CPA-99-001
REQUEST: COMPREHENSIVE PLAN AMENDMENT TO CHANGE LAND USE FROM
RESIDENTIAL TO MIXED USE (RESIDENTIAL 8~ OFFICE BUILDINGS)
BY: JUB ENGINEERS. INC
LOCATION OF PROPERTY OR PROJECT: WEST OF EAGLE RD, BETWEEN
FAIRVIEW & USTICK
TAMMY DE WEERD P/Z
MALCOLM MACCOY, P/Z
THOMAS BARBEIRO, 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
C ITY ATTOR N EY
CITY ENGINEER
CJTY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & FINAL)
IDAHO TRANSPORTATION DEPARTMENT
ADA COUNTY (ANNEXATION)
YOUR CONCISE REMARKS:__, `___.___ _
/j ,Q n.' ,~~~'..P~~ ~D,v For^ f-~- u~.Q 5 i~yi~/-}~/2Pe~/~
~ ~a hA ~~ e O f~%.~e Or--L
a7. Ca L~~E .
hA-/ / I G y [,/ ~ 7-~e r"-t-
~~~~ ~7~¢ Sc_.~1 a o L
~ HUB OF TREASURE VALLEY ~'
Mayor
ROBERT D. CORRIE A Good Place t0 Live LEGAL DEPARTMENT
o m -il M m rs
CITY OF MERIDIAN
PUBLIC3WORh
CHARLES ROUNTREE
33 EAST IDAHO S
BUILD[NG DEPARTMENT
GLENN BENT[-EY MERIDIAN, IDAHO 83642 ~~~gl ~8~' ~,~ I I
RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING
KEITH B[RD DEPARTMENT
(208) 83-1-5533
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: June 10, 1999
TRANSMITTAL DATE: May 11, 1999 HEARING DATE: June 17. 1999
FILE NUMBER: CPA-99-001
REQUEST: COMPREHENSIVE PLAN AMENDMENT TO CHANGE LAND USE FROM
RESIDENTIAL TO MIXED USE (RESIDENTIAL 8~ OFFICE BUILDINGS)
BY: JUB ENGINEERS INC
LOCATION OF PROPERTY OR PROJECT: WEST OF EAGLE RD BETWEEN
FAIRVIEW & USTICK
TAMMY DE WEERD P/Z MERIDIAN SCHOOL DISTRICT
MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
-THOMAS BARBEIRO, 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 IDAHO POWER CO.(PRELIM & FINAL PLAT)
-KEITH BIRD, C/C U.S. WEST(PRELIM & FINAL PLAT)
GLENN BENTLEY, C/C
WATER DEPARTMENT INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & FINAL)
-SEWER DEPARTMENT IDAHO TRANSPORTATION DEPARTMENT
-BUILDING DEPARTMENT ADA COUNTY (ANNEXATION)
-FIRE DEPARTMENT
-POLICE DEPARTMENT ~ ~
YOUR CONCISE REMARKS: /I/CJi 1C~~-w`~--~-°I~S
'
-CITY ATTORNEY ~
-CITY ENGINEER ~. ~
-CITY PLANNER
P~ 4Y 1 ~ 1999
CENTRAL CEN
•• DISTRICT
~ITHEALTH
DEPARTMENT
L DISTRICT HEALTH DEPART~°IENT
Environmental Health Division
Rezone # C,~~- - ~ ~ ` do ( ~~ -
Conditional Use # ,
Preliminary /Final /Short Plat
Return to:
^ Boise
^ Eagle
^ Garden City
Meridian
Kuna
^ Acz
I. We have No Objections to this Proposal.
^ 2. We recommend Denial of this Proposal.
^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal.
^ 4. We will require more data concerning soil conditions on this Proposal before we can comment.
^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of:
^ high seasonal ground water ^ waste flow characteristics
^ or bedrock from original grade ^ other
^ b. 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: , S- /~Z/ 5~,~
Reviewed By: ~ /~/1.~~,~!
CDHD ID/91 rcb, rev. 1/91
Review Sheet
Will Berg, Gty Clerk
City of Meridian
33 East Idaho
Meridian, ID 83642
MAY 2 4 1999
)F 1~~1c,~rVIF+L~'V
rfia & ~~enidCaoc ~IvriyutCo~ ?~ia.~ziet
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-463-0092
Phones: Area Code 208
OFFICE: Nampa 466-7861
SHOP: Nampa 466-0663
Re: CPA-99-001 Change Land Use From Residential to Mixed Use for Ton
Barnes, Properties West
Dear Mr. Berg:
The Nampa & Meridian Irrigation District has no comment on the amendment to change
the use of the land, although the District's Stokesberry Lateral courses along the south
boundary of this project; therefore, we will reserve any further comment until the land is
developed.
Sincerely,
;~~ I
Bill Henson, Asst. Water Superintendent
NAMPA & MERIDIAN IRRIGATION DISTRICT
BH:dln
Cam: File - Shcp
File -Office
Water Superintendent
APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS 23,000
BOISE PROJECT RIGHTS - 40,000
19 May 1999
SCHOOL BOARD MEETING MINUTES
Date, Time & The regular meeting of the Board of Trustees, Joint School District No. 2,
Place convened on Monday, April 12, 1999, 5:35
p.m., at Meridian City Hall, 33
East Idaho, Meridian, Idaho.
Members in Wally Hedrick, Chairman, Steve Mann, David Wynkoop, Holly Houfburg,
Attendance Rex Harrison
Staff Christine Donnell, Dr. Steve Lowder, Bev Bradford, Shery, l Harris, Evee Kiler,
Dr. Linda Clark, Eric Exline, Jim Carberry, Jim Correia, Dr. Jerry Reisinger,
Bonnie Gallant, Marilyn Schug
Call to Order Chairman Wally Hedrick
Executive Session Chairman Hedrick took a roll call vote of the board to move to executive
session to discuss personnel, property, and legal matters; Trustee Hamson
voted yes, Trustee Houfburg voted yes, Trustee Wynkoop voted yes, Trustee
Mann voted yes, and Trustee Hedrick voted yes.
The board recessed from executive session at 6:50 p.m. and reconvened in an
open session at 7:03 p.m.
Staff As above, Bruce Gestrin, Rex Johnson, Sally Hams, Karen Linder, Karen
Hay, Aaron Maybon, Dr. Ken Piippo, Marilyn Reynolds
Guests Mark Hickey, Sara Harrison, Sharon Ullman, Wayne Thowless, Greg Ruddell,
Susan Schilling, Jan Sylvester, Tammy de Weerd, Summerwind Skippers team
members
Bills Approved Trustee Mann moved, Trustee Wynkoop seconded the motion and voting was
for Payment unanimous to approve checks #326799-327523 (noting #'s 326798 and 326852
were voided) and manual checks #203121-203202 (noting #s 203124, 203130,
203140, 203172 and 203188 were voided) to pay bills submitted to date.
Minutes Trustee Wynkoop moved, Trustee Harrison seconded the motion and the
Approved voting was unanimous to approve the minutes for the March 15, 1999 regular
board meeting.
Good News! Members of the Summerwind Skippers jump rope team and their adviser,
Karen Hay, received congratulations from the board for their recent regional
competition recognition. Team members were present this evening while the
board enjoyed a brief video presentation of the jump rope team in action.
BOARD OF TRUSTEES
Rex Harrison • wall~• Hedrick • Holl~• ~oufburg • David ~~7•nkoop . Ste~•e ,Mann
-----•-•• --••~~• • ~~~....a.., ~aano 6~09L • (LU8) 888-6701 • Fax (208) 888-6700
SUPERINTENDENT
Christine H. Donnell
i
Page 2
Board Minutes
April 12, 1999
CONSENT AGENDA
Trustee Houfburg moved, Trustee Mann seconded the motion and the voting
was unanimous to approve the following items from the consent agenda:
District Financial Summary (Exhibit A);
Summary of secondary schools' ASB accounts (Exhibit B);
Employment Recommendations (Exhibit C);
A resignation from Charlotte Carleton, school secretary, effective June 11,
1999;
A resignation from Susan Averett, extended resource teacher, effective June 4,
1999;
A resignation from Sally C. Miller, resource room assistant;
A resignation' from Bonnie Fullmer, teacher, effective at the close of the 1998-
99 contract year;
A resignation from Nancy Miller, teacher, effective at the close of the 1998-99
contract year;
A resignation from Scot Maring, teacher, effective at the close of the 1998-99
contract year;
A resignation from Catherine Kaylor, special education assistant, effective
April 9, 1999;
A notice of retirement from Mede Anton, school counselor, effective at the
close of the 1998-99 contract year;
Requests for leave without pay from the following:
• Delmar Hopkins, bus assistant, seven days;
• Debbie Knutsen, safe school assistant, three days;
• Janette Smith, teacher, two days;
• Deaun Zrno, teacher, three days;
• Greg Suydam, custodian, nine days;
• Sandra Oldham, food technician, six days;
• Jenni Dunn, teacher, for the 1999-2000 school year;
• Julianne Jorde, teacher, one day;
• Mike Lewis, teacher, two days;
• Marlys Cosgrove, career center specialist, five days;
A request for health leave from Nathalie Simpson, teacher, for nine days;
I
2
• • Page 3
Board Minutes
April 12, 1999
Consent Agenda Requests for parental leave from the following:
continued Suzanne Stancil, teacher, thirty-three days;
• Laura Gilchrist, teacher, forty days;
• Julie Willute, teacher, forty-six days;
Requests from Charrie McNelis, Lori Henson, Karen Miner, to utilize
Eisenhower funds to participate in Project Wild II, McCall, off contract;
Requests for professional leave from the following:
• Karyl Edgerton, Sharon Blair, to attend the Regional Social Studies
Conference, Tempe, Arizona, four days;
• Cindy Sisson, to attend the NCTM National Math Conference, San
Francisco, two days;
• Sandra Gauss, to tour the Bangor Navy Technical School, Bremerton,
Washington, two days;
• Dean Brigham, to attend the State PTA Conference, Pocatello, two
days;
• Donna Larsen (three days), Amanda Soule (N/A), Glorine Barnhardt
(three days), to attend the BPA National Leadership Conference,
Philadelphia;
• Karen Linder, to attend the Idaho Prevention Conference, Sun Valley,
two days;
• Steve Lowder, Sheryl Hams, to participate in new teacher recruitment,
Idaho State University Education Fair, Pocatello, one day;
• Joel Zellers, to attend the National Institute cn Legal Issues in Special
Education, San Francisco, four days;
• Becky Kelly, to attend the International Regional Alcohol/Drug
Awareness Resources Conference, Los Angeles, three days;
• Dr. Terry Kluever, Jeff Hoseley, to attend the ASQ National
Conference, Anaheim, California, three days;
• Marian DeWane, to attend the grading of the National Advanced
Placement Chemistry Exam as a consultant, Clemson, South Carolina,
two days;
A reduction of Christine Killian's teaching contract from full time to .5 FTE,
commencing with the 1999-2000 school year, as requested;
A memorandum of agreement with Verla Valentine to provide special
education contracted services for the period March 5, 1999 through June 4,
1999, but excluding April 7-12, 1999 (Exhibit D);
Authorization to hire the following additional coaches, as requested:
• One assistant junior varsity tennis coach at Centennial High School;
• One tennis coach, one girls' track coach, and one boys' track coach at
Eagle Middle School;
Placement of Boise State University counseling intern, Jim Forbus, at Lake
Hazel Middle School during the 1999-2000 school year;
3
•
Page 4
Board Minutes
April 12, 1999
Consent Agenda An Agreement for Educational Program with Boise State University's
continued Department of Nursing to provide in-school practicums for student nurses
(Exhibit E);
Non-resident student enrollment requests for the remainder of the 1998-99
school year, no tuition required, as follows:
• Jessica Hazard, Grade 3, to attend Andrus Elementary;
• Tara Lee Huston, Grade 6, to attend Pioneer Elementary;
• Tausha Huston, Grade 1, to attend Frontier Elementary;
• John Vieira, Grade 4, to attend Summerwind Elementary;
• Justin Polensky, Grade 2, to attend Spalding Elementary;
• Karissa Wood, Grade 1, to attend Summerwind Elementary;
• Benny Gaevan, Grade 4, to attend Lake Hazel Elementary;
• Andrew Thomas, Grade 3, to attend Eagle Hills Elementary;
Non-resident student enrollment requests for the 1999-2000 school year, as
follows:
• Kathryn Kay Fleming, Grade 11, to attend Eagle High School, tuition
waived;
• Bryn Elizabeth Baker, Grade 12, to attend Eagle High School, tuition
required;
• Kelley Dekle, Grade 12, to attend Eagle High School, tuition waived;
Establishment of the following student clubs:
• The Rodeo Club at Centennial High School (Exhibit F);
• The America's Promise Chapter at Meridian High School (Exhibit G);
Authorization to proceed with the American Cancer Society "Kick the
Butts/Kick the Can Day" awareness survey, to be distributed to Meridian High
School and Eagle Middle School health class students, and an activity to
promote smoking reduction (Exhibit H);
Authorization to hold the following elementary academic overnight
celebrations:
• At Mary McPherson Elementary, Jerrilene Tucker's second grade
class, April 30, 1999;
• At Linder Elementary, all third grade students who have met
requirements, April 16, 1999;
Authorization for the Chaparral Elementary PTA to proceed with the
installation of playground equipment at the site, as submitted (Exhibit I);
A development agreement document with the City of Meridian to finalize
annexation of the new elementary (Barnes) school site (Exhibit J);
A recommendation to approve the expulsion of Brian Chance, an eighth grade
student, from Crossroads Middle School and the Joint School District No. 2
for the remainder of the second semester of the 1998-99 school year;
4
•
Page 5
Board Minutes
April 12, 1999
Consent Agenda A recommendation to approve the expulsion of Richard A. Cusimano, a tenth
continued grade student, from Meridian High School and the Joint School District No. 2
for the remainder of the 1998-99 school year.
DISCUSSION AND ACTION
March for Parks Tammy deWeerd, organizer of the Meridian March for Parks fundraiser,
Proposal presented a proposal to the board for improvements to the playing fields at
Meridian Middle School. Funds from the March for Parks event, as well as
funds donated by local businesses and organizations, will be designated for the
installation of an underground sprinkling system at the MMS site. Mrs.
deWeerd presented estimated costs of nearly $100,000 for the whole project,
as well as figures broken down into smaller phases. As the group is unable
to fully finance a project of this size, Mrs. deWeerd asked the school district
to consider the designation of district funds to the project.
Greg Ruddell, patron, expressed concerns about safety conditions at the site.
Dr. Ken Piippo, principal of Meridian Middle School, was asked by Chairman
Hedrick to respond. Dr. Piippo stated that for the two years he has been the
principal at Meridian Middle School, he has not had concerns about the safety
of the field nor has had any complaints.
Chairman Hedrick asked Mrs. deWeerd to contact district administration to
further discuss possible funding of the proposed imgation project at Meridian
Middle School. The March for Parks event is scheduled for April 17.
Charter High Program Update
School Review Sally Harris, Charter High School design team coordinator, reviewed the status
of work completed on the charter high school. She reported that an interim
board of directors has been formed, comprised of Sam Johnson from Hewlett-
Packard, Alicia Baker from Micron, Steve Mann, Wally Hedrick and Sally
Harris representing Joint School District No. 2. The board will function until
a permanent board will be organized at the annual meeting in July 1999;
parent representatives will be added to the board after the student body is
formed. The charter school by-laws have been approved, the application for
the articles of incorporation have been filed, and a policy manual is being
written. To date, 79 freshmen and 49 sophomores have enrolled in the charter
school program; registration closes on May 5.
Ms. Hams and Trustee Mann expressed enthusiasm about the opportunities
this innovative program will provide to students, as well as potentially to
serve as a model for enhancements to the district's program offerings.
Patron Greg Ruddell questioned the district's use of bond money to fund the
construction of the charter school facility when money is needed elsewhere for
textbooks and supplies. In response, Superintendent Donnell explained that,
by law, bond funds and maintenance and operations funds cannot and are not
being used to build the facility.
5
•
Page 6
Board Minutes
April 12, 1999
Charter High Status of Plans/Approvals for Structure
School I'.eview Wayne Thowless, of Leatham and Krohn Architects, gave a brief status report
continued on the charter school site and structure. The Meridian City Council has
approved annexation into the city. The architect remains in close contact with
all agencies to ensure that required approvals are expedited.
When questioned by Greg Ruddell, Mr. Thowless explained bid requirements,
according to state code, and the process and timeline followed by the architect
pertaining to the charter school structure.
Bid Results Berm Improvement Project at Lowell Scott Middle School
Trustee Wynkoop moved, Trustee Houfburg seconded the motion and the
voting was unanimous to award low bid to Bidder B (Sterling Nursery), as
recommended, for improvements to the berm located parallel to Eagle Road
on the Lowell Scott Middle School property (Exhibit K).
This project is reimbursable from the Idaho Department of Transportation.
Pre-Engineered Steel Frame for Charter High School Building
Trustee Mann moved, Trustee Houfburg seconded the motion and the voting
was unanimous to award the bid for the pre-engineered metal frame building
portion of the Charter High School, plus alternate, to Bidder C (Simplot
Construction), as recommended (Exhibit L).
Home School Trustee Wynkoop moved, Trustee Mann seconded the motion and the voting
Designations was unanimous to approve a recommendation to reassign future subdivisions,
Reassigned as follows, from one attendance to another to east overcrowding:
a) Thousand Springs Subdivision from Mary McPherson
Elementary to Lake Hazel Elementary (Exhibit M); and
b) Island Woods Subdivision from Andrus Elementary to Eagle
Hills Elementary (Exhibit N).
Patron Susan Schilling reported to the board that a new 275 lot subdivision
called Rockhampton (formerly Darling Downs), located near the intersection
of Cloverdale and Amity Roads, is now in the early stages of development.
Sheryl Harris, director of elementary education, will investigate to determine
if the home school designation will need to be reassigned until new
elementary attendance boundaries are in place for the 2000-2001 school year.
Policy Revisions Addendum to Transfer Policy Approved
Approved Trustee Mann moved, Trustee Houfburg seconded the motion and the voting
was unanimous to approve the 1999 Addendum to Transfer Policy Code
No. 401.13, as submitted.
Revisions to Attendance Policies Approved
A motion was made by Trustee Wynkoop and seconded by Trustee Houfburg
to revise student attendance policies, as recommended, decreasing the number
of allowable absences from seven (7) per semester to six (6) per semester,
commencing with the 1999-2000 school year.
6
• Page 7
Board Minutes
April 12, 1999
Policy Revisions Revisions to Attendance Policies Approved (continued)
Approved Members of the board discussed the advantages/disadvantages of this
continued reduction in allowable days and noted that an appeals mechanism is in place.
The motion was carried on a four-to-one vote, Trustee Harrison casting the
dissenting vote, to approve revisions as proposed to Policy Code No. 501.2,
Secondary Attendance Policy; to Policy Code No. 501.21, Elementary
Attendance Policy; and to Policy Code No. 501.22, Student Absences General
Secondary.
AP Statistics Text Trustee Mann moved, Trustee Wynkoop seconded the motion and the voting
Adopted was unanimous to adopt the following guide for use in high school math
classes, as recommended:
INTRO TO THE PRACTICE OF STATISTICS
Author, Moore/McCabe; Freeman and Company Publisher, 1999
Personnel -
Certified Staff Trustee Houfburg moved, Trustee Harrison seconded the motion and the
i
Rehired vot
ng was unanimous to approve a recommendation to rehire all certified
staff for the 1999-2000 school year with th
e exception of those on probation
and/or those hired after August 1, 1998 on temporary contracts.
Superintendent's
Re
ort Patron Sharon Ullman expressed her continued support for and confidence in
p the Meridian School District and school board.
School Board Trustee Mann moved, Trustee Harrison seconded the motion and th
i
Meeting
Resched
l
d e vot
ng
was unanimous to reschedule the June 28 school board meeting to Friday
u
e ,
June 25, 12:00 Noon, at the district office.
Executive Session Chairman Hedrick took a roll call vote of the board to move to executive
session to discuss personnel and legal matters; Trustee Harrison voted yes
,
Trustee Houfburg voted yes, Trustee Mann voted yes, Trustee Wynkoop voted
yes, and Trustee Hedrick voted yes.
Meeting
Adjourned Trustee Houfburg moved, Trustee Harrison seconded the motion and the
voting was unanimous to adjourn at 8
41
:
p.m.
Chairman Clerk
7
01/15/1994 20:57 2088871680
i
10!58 Justin Plaae
M~ridlan, ID 83642
June 17, 1999
BROCKWAY
•
'a ~ Z ~e~.~,~~
c~~~~l~~
~ Csz
Angel aims
~Aeric~an Planning and Zoning Commission
200 E. Carleton Av®.
Meridi®n, ID 83842
PAGE 02
J U N ~ 7 1999
City cf I~Teri r~ia~
'~'itv Clerk Offic
Re: Proposal on Eagle Road between Leslie and Fairview; File CPA99-001
laser Me. Sims,
I em wrltlnp in opposition to th® referenced proposed development and request
that this letter be entered into the minutes of the meeting to be held this evening.
The parcel being discussed is not a 40 acre tract. It contains approximately 19
aches.
The future placement of a traffic signal near the parcel on Eagle Road is absurd.
One Only has to observe the traffic to understand that a signal in close proximity
to the existing siflnel et Fairview would complicate the already intolerable
congestion that exists.
The s~rgument that residential lots should be spared the noise and pollution that
would plague the office complex is weak. Several residences border on Eagle
Road et the present. Is the developer prepared to mitigate these conditions?
Objection to this proposal should be so obvious to those in the planning and
zoning function that an input from the public need not be made. The public
counts on the professionals within the government to be mindful of their
concerns. That's what we're paying for and not getting.
JUN 17 '99 08 58 2088871680 PAGE.02
Cc: Nl~lcolm MaQCoy
Shari Stiles
7~ ~ ~~~
6/16/99 ~~ ~~
Malcolm MacCoy
City of Meridian
Planning & Zoning Chairman
Re: Comprehensive Plan Amendment Request
Jon Barnes /Carol Subdivision
Dear Malcolm,
~ECEI~T 1`~
JUN 1 7 1999
CITY OF MERIDL91~
ca
A cursory review of the proposed change submitted by JUB Engineers needs clarification and,
because of my residence in close proximity to the project, warrants comment from me.
First, this is a site that is slightly less than 20 acres in size; not the 40 acres stated in paragraph
no.3 and again in no. 7.
Secondly, the proposed future signalized intersection on Eagle Road would be disastrous. This
would put two signals within 900' of each other on an extremely busy arterial highway. During
morning rush hour it is very common to see southbound traffic backed up on Eagle Road from the
Fairview intersection signals all the way north past the Leslie Drive cut. The proposed use will
add even more traffic during the critical driving hours and adversely affect the congestion.
Thirdly, I find the second paragraph under item no. 3 amusing. Specifically, the comments about
the "buffering" from "loud and continuous vehicular noise, .... air pollution..undesirable factors
for adjacent residential development." What about the homes that are already there that back up
to this proposed project? Any consideration for them? These homes are all on 1 acre lots and are
in the price range of $250,000 to $400,000 +. These homeowners , I surmise, don't relish having
"cottage" homes in their backyards.
This project needs more study and does not warrant a Comprehensive Plan change at this time.
inc
. .Johns n
1083 ustin Place (Carol Subdivision)
Meridian , Id. 83642
887-1083
Mayor
ROBERT D. CORRIE
Council Members
CHARLESROUNTREE
GLENN BENTLEY
RON ANDERSON
KEITH BIRD
MEMORANDUM:
• HUB OF TREASURE VALLEY •
A Good Place to Live LEGAL DEPARTMENT
I2os~ gs4-4264
CITY OF MERIDI~~ ~ . k BUI~ ,~~IO> P°RTMENT
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 • Fax (208) 887-4813
(208)887-2211
JUN : ~' ;~;:=
PLANNING AND ZONING
~''lty f ' ..DEPARTMENT
L itv t`; ~ c- ~-:-_ (208) 884-5533
June 17, 1999
To: Planning & Zoning Commission, Mayor and City Council
From: Shari Stiles, P&Z Administrator L:~
Re: Request for Comprehensive Plan Amendment to Change Land Use from Single-family
Residential Designation to Mixed/Planned Use Development by J-U-B Engineers, Inc.
We have reviewed this submittal and offer the following comments, as conditions of the
applicant. These conditions shall be considered in full, unless expressly modified or deleted by
motion of the Meridian City Council:
GENERAL COMMENTS:
1. The property is currently designated in the Meridian Comprehensive Plan as Single-family
Residential.
2. Although the application references a 40-acre parcel, only 20 acres is shown on the map
included with the application.
3. The South Slough Sewer Trunk line is proposed to be constructed for service to this parcel.
Council needs to consider extraordinary fees for parcels wishing to connect to temporary
systems so that owners pay their fair share of trunk line extension.
4. Eagle Road is designated as a limited access corridor by the Idaho Transportation
Department. Extensive coordination among agencies needs to occur to study appropriate
accesses and uses.
5. As Eagle Road has just recently been constructed, there is a moratorium on the cutting of any
streets for utility extensions.
6. The City just entered into a contract with SAIC for updating of the Meridian Comprehensive
Plan. The process is expected to take 12-18 months.
7. Although changes are occurring in the area that may make other uses desirable in this location,
stafffeels the request for a comprehensive plan amendment should not be granted at this time.
More detailed policies need to be established regarding the mixed/planned use development
areas.
CPA-99-001
JUB.CPA
•
~~
~~J~~,.r~~~
~_
P&Z Commission/Mayor & Council ' ~ ~ ~ ~ ~ 1998
June 17, 1999 ~~ ~ ~` ' •~ ` ~' ~ .,
Page 2
8. Applicant proposes some type of higher density residential adjacent to existing larger lots.
Consideration for adequate buffering of the existing residential would need to be determined
during detailed plan review.
9. Idaho State Code Title 67, Chapter 65, states that the cc-mmission may recommend
amendments to the land use map component of the comprehensive plan to the governing
board not more frequently than once every six (6) months. If this change is recommended for
approval, NO CHANGES CAN BE RECONIlVIENDED FOR ANOTI~R SIX MONTHS.
CPA-99-001 NB.CPA
Jun-17-99 02:54P RWP aka DR DOOM
(~I-~~99
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JUN 1? '99 150? 208 88? 3666 PAGE.01
** TX CONFIRM~N REPORT **
AS OF JUN 17 ~3y 1536 PAGE. 01
CITY OF MERIDIAN
DATE TIME TOiFROM
07 06117 15 35 208 323 9336
MODE MINiSEC PGS CMDkt STATUS
EC--S 00'58" 003 141 OK
~t,ya~ KUB OF TREASURE VgLLEY
ROBERT D. CORR(E A Good Place W Live
~~~~~~~ CITY QF MERIDIAN
CHARLES ROUNTREE
GLENN BENTLEY 33 EAST IDAHO
MERIDCaN, IDAHO 83612
RON ANDERSON Phone (208) 338-4433 • Fax (208) 387-3313
KEITH BIRD
LEGAL DEPARTMENT
royl saa-~2e~
PUBLIC WORK$
BUILDING DEPARTMENT
Isoy>~y~.2_11
PLANYI~ lG AiYD ZO~i LNG
DEPARTMENT
(208)88a•SS3J
FACSIMILE COVER SHEET
FAX NUMBER: ~~n ~ 1
ll ,1 ~~"~_ DA"f E:
70: NIG~U~ V 1 aY~ ro
TITLEJDEPARTMENT: ~~ ~~~
CONFIDENTIAL: YES NO~,~_
TOTAL NUMBER OF PAGES (INCLUDING COVER SHEE'~:
FROM: CITY OF MERIDIAN - FAX NUME3E:R: (208) 888-x218
NAME: e-
TITLEJDEPAR NT: C~{!~/~
COMMENTS ~.dM`,~(,q ~' 7 ~~~.~{~~
PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS
SUCCESSFULLY (208) 888-4433,
Mayor ~ HUB OF TRE.-iSURE VALLEY,
ROBERT
D. CORR~ A Good Place to Live LEG,-1L DEP.~RT~IE~T
CITY OF MERIDIAN `^~3'3~y_~,~1
Council :~femt4-*~
CHARLES ROUNTREE 33 EAST IDAHO PUBLIC WORKS
BUILD[NG DEPARTMENT
GLENN BENTLEY n'IERIDIAN, IDAHO 83612 cost 33;--~ I I
RON ANDERSON phone (?08) 888--1.133 • Fax (208) 887--381? PLANNING AND ZONING
~!~ DEPARTMENT
3 Z 3 - ~ 33~ (''_O8) 331-5533
~I~ .
~~NC ~~
V
.. ,CSIMILE COVER SHEET
FAX NUMBER:~_ ~ ~ ~ DATE:
TO: 1~1 ~1~~ l1 I o.Y1 rD
TITLE/DEPARTMENT: T ~rZ`~
CONFIDENTIAL: YES NO~_
TOTAL NUMBER OF PAGES (INCLUDING COVER SHE.ET):
FROM: CITY OF MERIDIAN - FAX NUMBER: (208) 888-4218
NAME: e„
TITLE/DEPAR NT:~~QrI~
COMMENTS: ~~~~ ~~ tY~,o~A~a_ ~n~l`7
PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS
SUCCESSFULLY (208) 888-4433.
/'
PUBLIC SERVICE ANNOUNCEMENT
(per state code 67-6509)
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian
and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold
a public hearing at the Meridian City Hall, 33 East Idaho Streel:, Meridian, Idaho, at the
hour of 7:30 p.m. on November 3, 1999, for the purpose of reviewing and considering
the application of JUB Engineers, Inc. for an amendment to the Meridian
Comprehensive Plan and Map to change the land use from residential to mixed use
(residential and office buildings) west of Eagle Road between (Fairview Avenue and
Ustick Road.
A more particular description of the above property is on file in the City Clerk's
office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during
regular business hours.
A copy of the application is available upon request. Any and all interested
persons shall be heard at said public hearing and the public is welcome and invited to
submit testimony.
DATED this 8th day of October, 1999.
WILLIAM G. BERG, JR., LERK
~~~1~~s~ut~rirrrr~
PUBLISH October 13 and 27, 1999. ````\~~,~`,~~ {~~q~~.,X~~~o`
~? FO
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** TX CONFIRMR~N REPORT **
AS OF OCT 07 ~~ 1645 PAGE. O1
CITY OF IhERIDIAN
DATE TIME TO/FROM
21 10/07 16 45 208 888 1097
MODE MIN/SEC PGS CMD#! STATUS
EC--S 00'32" 001 144 OK
PUBLIC SERVICE ANNOUNCEMENT
(per state code 67-6509)
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian
and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold
a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the
hour of 7:30 p.m. on November 3, 1999, for the purpose of revievuing and considering
the application of JUB Engineers, Inc. for an amendment to the Meridian
Comprehensive Plan and Map to change the land use from residential to mixed use
(residential and office buildings) west of Eagle Road between Fairview Avenue and
Ustick Road.
A more particular description of the above property is on file in the City Clerk's
office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during
regular business hours.
A copy of the application is available upon request. Any and all interested
persons shall be heard at said public hearing and the public is welcome and invited to
submit testimony.
DATED this 8~' day of October, 1999.
WILLIAM G. BERG, JR., Y LERK
'`i~nuirHNr4L
PUBLISH October 13 and 27, 1999. •~''~ O~ `'~~
G~ ~wo,~ '~. ''.
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'''~~rnrn nu~N~~r~\
** TX CONFIRMATON REPORT **
AS OF OCT 08 ~~ 0904 PAGE. 01
CITY OF I`1ER I D I AN
DATE TIME TOiFROM
02 10108 09 81 2083816682
MODE MINiSEC PGS CMD# STATUS
EC--S 03'14" 010 150 OK
PUBLIC SERVICE ANNOUNCEMENT
(per state code 6?-6509)
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian
and the laws of the State of Idaho, that the City Council of the Ciiry of Meridian will hold
a public hearing at the Meridian City Hall, 33 East Idaho Street, Mleridian, Idaho, at the
hour of 7:30 p.m. on November 3, 1999, for the purpose of reviev-ring and considering
the application of JUB Engineers, Inc. for an amendment to the IMeridian
Comprehensive Plan and Map to change the land use from residential to mixed use
(residential and office buildings) west of Eagle Road between Fairview Avenue and
Ustick Road.
A more particular description of the above property is on file in the City Clerk's
office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during
regular business hours.
A copy of the application is available upon request. Any and all interested
persons shall be heard at said public hearing and the public is welcome and invited to
submit testimony.
DATED this 8'" day of October, 1999.
PUBLISH October 13 and 27, 1999.
- _ ~ 1
WILLIAM G. BERG, JR., ' LERK
~~~~~
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** TX CONFIRMR'TON REPORT **
AS OF OCT 08 '~J~09~ 17 PRGE.01
CITY OF I`1ER I D I AN
DATE TIME TOiFROM
04 10108 09 13 208 377 6449
MODE MINiSEC PGS CMD# STATUS
EC--S 03'56" 010 154 OK
PUBLIC SERVICE ANNOUNCEMENT
(per state code 67-6509)
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian
and the Laws of the State of Idaho, that the Ciiy Council of the City of Meridian will hold
a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the
hour of 7:30 p.m. on November 3, 1999, for the purpose of reviewing and considering
the application of JUB Engineers, Inc. for an amendment to the IVleridian
Comprehensive Plan and Map to change the land use from residential to mixed use
(residential and office buildings) west of Eagle Road between Fairview Avenue and
Ustick Road.
A more particular description of the above property is on file in the City Clerk's
office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during
regular business hours-
A copy of the application is available upon request. Any alnd all interested
persons shall be heard at said public hearing and the public is welcome and invited to
submit testimony.
DATED this $t" day of October, 1999.
S~ t
WILLIAM G. BERG, JR., L€RK
~",a~~r~,r}rn,,,
PUBLISH October 13 and 27, 1999. ,~\``G~~;{ +~ ~'~%,,~
\~ Two
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** TX CONFIRMN REPORT **
AS OF OCT 08 ~~09~30 PAGE.01
CITY OF I7ERIDIAN
DATE TIME TOiFROM
06 10108 09 27 8845077
MODE MINiSEC PGS CMD# STATUS
EC--S 02'25" 010 158 OK
PUBLIC SERVICE ANNOUNCEMENT
(per state code 67-6509)
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian
and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold
a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the
hour of 7:30 p.m. on November 3, 1999, for the purpose of reviev~uing and considering
the application of JUB Engineers, Inc. for an amendment to the Meridian
Comprehensive Plan and Map to change the land use from residential to mixed use
(residential and office buildings) west of Eagle Road between Fairview Avenue and
Ustick Road.
A more particular description of the above property is on file in the City Clerk's
office at Meridian City Hall, 33 East Idaho SVeet, 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 uvelcome and invited to
submit testimony.
DATED this 8~' day of October, 1999.
PUBLISH October 13 and 27, 1999
~~~~ i
WILLIAM G. BERG, JR., LERK
S~A.L
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~ ~
PUBLIC SERVICE ANNOUNCEMENT
(per state code 67-6509)
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian
and the Laws of the State of Idaho, that the Planning and Zoniing Commission of the
City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street,
Meridian, Idaho, at the hour of 6:00 p.m. on June 17, 1999, foir the purpose of reviewing
and considering the application of JUB Engineers, Inc. for ani amendment to the
Meridian Comprehensive Plan and Map to change the land use from residential to
mixed use (residential and office buildings) west of Eagle Road between Fairview
Avenue and Ustick Road.
A more particular description of the above property is c-n 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. Ar~y and all interested
persons shall be heard at said public hearing and the public is welcome and invited to
submit testimony.
DATED this 24th day of May, 1999.
WILLIAM G. (BERG, JR., CI' ERK
~~~"~t~~~ir+rrrrrl~rl~`
PUBLISH May 26 and June 9, 1999. `,~~~~~,``t ~ '''~~,~~jsr
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** TX CONFIRMR~J REPORT **
AS OF MAY 27 „09 29 PAGE. 01
CITY OF MERIDIRN
DATE TIME TOiFROM
02 0527 09 28 2088882817
MODE MINiSEC PGS CMD# STATUS
G3--S 00'42" 001 075 OK
PUBLIC SERVICE ANNOUNCEMENT
(per state code 67-6509)
NOTICE IS HEREBY GIVEN pursuant to the Ordinances cif the City of Meridian
and the Laws of the State of Idaho, that the Planning and Zoning Commission of the
City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street,
Meridian, Idaho, at the hour of 6;00 p.m. on June 17, 1999, for the purpose of reviewing
and considering the application of JUB Engineers, Inc. for an annendment to the
Meridian Comprehensive Plan and Map to change the land use firom residential to
mixed use (residential and office buildings) west of Eagle Road between Fairview
Avenue and Ustick Road.
A more particular description of the above property is on file in the City Clerk's
office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during
regular business hours.
A copy of the application is available upon request. Any and all interested
persons shall be heard at said public hearing and the public is welcome and invited to
submit testimony.
DATED this 24'h day of May, 1999.
/I~!.fc-o~
WILLIAM G. BERG, JR., CI ERK
PUBLISH May 26 and June 9, 1999. `,r`,~,d,~•~ ,,~~
'~o °s
r ¢
- ~~ -
= y
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~'Igl,hM rit111~~\\,
** TX CONFIRM~N REPORT **
~~~ 1
DATE TIME TO/FROM
06 05/24 13 10 208 888 1097
AS OF MAY 24 ~ 1311 PAGE. 01
CITY OF MERIDIAN
MODE MIN/SEC PGS CMD# STATUS
EC--S 00'32" 001 003 OK
PUBLIC SERVICE ANNOUNCEMENT
(per state code 67-6509)
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian
and the Laws of the State of Idaho, that the Planning and Zoning Commission of the
City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street,
Meridian, Idaho, at the hour of 6:00 p.m. on June 17, 1999, for the purpose of reviewing
and considering the application of JUB Engineers, Inc. for an amendment to the
Meridian Comprehensive Plan and Map to change the land use from residential to
mixed use (residential and office buildings) west of Eagle Road between Fairview
Avenue and Ustick Road.
A more particular description of the above property is on file in the City Clerk's
office at Meridian City Hall, 33 East Idaho Str®et, 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 24~' day of May, 1999.
PUBLISH May 26 and June 9, 1999
WILLIAM G. BERG, JR., CI ERK
4
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** TX CONFIRMA~ REPORT **
AS OF MAY 26 ~15~18 PAGE.01
CITY OF MERIDIAN
DATE TIME TOiFROM
09 0526 15 18 92083776449
MODE MINiSEC PGS CMDq STATUS
EC--S 00'23" 001 054 OK
PUBLIC SERVICE ANNOUNCEMENT
(per state code 67509)
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 Halt, 33 East Idaho Street,
Meridian, Idaho, at the hour of 6:00 p.m. on June 17, 1999, for the purpose of reviewing
and considering the application of JUB Engineers, Inc. for an amendment to the
Meridian Gomprehensive Plan and Map to change the land use from residential to
mixed use (residential and office buildings) west of Eagle Road between Fairview
Avenue and Ustick Road.
A more particular description of the above property is on file in the City Clerk's
office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during
regular business hours.
A copy of the application is available upon request. Any and all interested
persons shall be heard at said public hearing and the public is welcome and invited to
submit testimony.
DATED this 24"' day of May, 1999.
~fr~liGc.o`.r
WILLIAM G. BERG, JR., CI ERK
~~~a~a,~~nrrn„~.
PUBLISH May 26 and June 9, 1999. ~ti+.+`,~~t ~ '''~.,,
,= d~ y.
2
e~ =
- ~ .~ -
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** TX CONFIRMR~ REPORT **
AS OF MAY 26 '~J 1515 PAGE. 01
CITY OF MERIDIAN
DATE TIME TOiFROM
08 05126 15 15 8845077
MODE MINiSEC PGS CMDkt STATUS
EC--S 00'27" 001 050 OK
PUBLIC SERVICE ANNOUNCEMENT
(per state code 67-6509)
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian
and the Laws of the State of Idaho, that the Planning and Zoning Commission of the
City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street,
Meridian, Idaho, at the hour of 6:00 p.m. on June 17, 1999, for the purpose of reviewing
and considering the application of JUB Engineers, Inc. for an amendment to the
Meridian Comprehensive Plan and Map to change the land use from residential to
mixed use (residential and office buildings) west of Eagle Road between Fairview
Avenue and Ustick Road.
A more particular description of the above property is on file in the City Clerk's
office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during
regular business hours.
A copy of the application is available upon request. Any and all interested
persons shall be heard at said public hearing and the public is welcome and invited to
submit testimony.
DATED this 24`h day of May, 1999.
/~~li(ic.G._
WILLIAM G. BERG, JR., CI ERK
V`N,~~an+n~r~t,~f~'
PUBLISH May 26 and June 9, 1999. `r~,~~~~a~•l ~ '~~~,~
r
= 8~~ -
~h~~rur~~ ~n~r~~~~~
** TX CONFIRMA~ REPORT **
AS OF MAY 26 "~! 1514 PAGE. 01
CITY OF MERIDIAN
DRTE TIME TO/FROM
0? 05/26 15 14 2088840745
MODE MIN/SEC PGS CMDtS STATUS
EC--S 00'23" 001 049 OK
PUBLIC SERVICE ANNOUNCEMENT
(per state cod® 67-6509)
NOTICE IS WEREBY GIVEN pursuant to the Ordinances of the City of Meridian
and the Laws of the State of Idaho, that the Planning and Zoning Commission of the
City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street,
Meridian, Idaho, at the hour of 6:00 p.m. on June 17, 1999, for the purpose of reviewing
and considering the application of JUB Engineers, Inc. for an amendment to the
Meridian Comprehensive Plan and Map to change the land use from residential to
mixed use (residential and office buildings) west of Eagle Road between Fairview
Avenue and Ustick Road.
A more particular description of the above property is on file in the City Clerk's
office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during
regular business hours.
A copy of the application is available upon request. Any and all interested
persons shall be heard at said public hearing and the public is welcome and invited to
submit testimony.
DATED this 24"' day of May, 1999.
PUBLISH May 26 and June 9, 1999.
WILLIAM G. BERG, JR., Cl ERK
~~
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'~ 9 ~P~
.
** TX CONFIRM~N REPORT **
(~V l
y
DATE TIME TOiFROM
06 05126 15 13 1 208 378 1762
AS OF MAY 26 ~15~13 PAGE. 01
CITY OF MERIDIAN
MODE MINiSEC PGS CMD# STATUS
EC--S 00'26" 001 048 OK
PUBLIC SERVICE ANNOUNCEMENT
(per state code 67-6509)
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian
and the Laws of the State of Idaho, that the Planning and Zoning Commission of the
City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street,
Meridian, Idaho, at the hour of 6:00 p.m. on June 17, 1999, for the purpose of reviewing
and considering the application of JUB Engineers, Inc, for an amendment to the
Meridian Comprehensive Plan and Map to change the land use from residential to
mixed use (residential and office buildings) west of Eagle Road between Fairview
Avenue and Ustick Road.
Amore particular description of the above property is on file in the City Clerk's
office at Meridian City Hatt, 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 24~' day of May, 1999.
~~~-
WILLIAM G. BERG, JR., CI ERK
PUBLISH May 26 and June 9, 1999,
`''7]
8~,
94~r >5c ' 1 ~~
.p
** TX CONFIRM( REPORT **
_/
DATE TIME TOiFROM
05 05126 15 12 2083816682
AS OF MAY 26 ~15~12 PAGE.01
CITY OF MERIDIAN
MODE MINiSEC PGS CMD#i STATUS
EC--S 00'26" 001 047 OK
PUBLIC SERVICE ANNOUNCEMENT
(per state code 67-6509)
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian
and the Laws of the State of Idaho, that the Planning and Zoning Commission of the
City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street,
Meridian, Idaho, at the hour of 6:00 p.m. on June 17, 1999, for the purpose of reviewing
and considering the application of JUB Engineers, Inc. for an amendment to the
Meridian Comprehensive Plan and Map to change the land use from residential to
mixed use (residential and office buildings) west of Eagle Road between Fairview
Avenue and Ustick Road.
A more particular description of the above property is on file in the City Clerk's
office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during
regular business hours.
A copy of the application is available upon request. Any and all interested
persons shall be heard at said public hearing and the public is welcome and invited to
submit testimony.
DATED this 24"' day of May, 1999.
WILLIAM G. BERG, JR., CI ERK
PUBLISH May 26 and June 8, 1999. `~~o~`;~`(~ ~~''~~,
s
`\ ~''e
REAL
Y~q~gT ~~
P~
** TX CONFIRM~N REPORT **
AS OF MAY 26 ~15~09 PAGE. 01
CITY OF MERIDIAN
DATE TIME TOiFROM
04 05126 15 09 208 336 1106
MODE MINiSEC PGS CMDkt STATUS
EC--S 00'26" 001 045 OK
PUBLIC SERVICE ANNOUNCEMENT
(per state code 67-6509)
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian
and the Laws of the State of Idaho, that the Planning and Zoning Commission of the
City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street,
Meridian, Idaho, at the hour of 6;00 p.m. on June 17, 1999, for the purpose of reviewing
and considering the application of JUB Engineers, Inc. for an amendment to the
Meridian Comprehensive Plan and Map to change the land use from residential to
mixed use (residential and office buildings) west of Eagle Road between Fairview
Avenue and Ustick Road.
A more particular description of the above property is on file in the City Clerk's
office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during
regular business hours.
A copy of the application is available upon request. Any and all interested
persons shall be heard at said public hearing and the public is welcome and invited to
submit testimony.
DATED this 24~' day of May, 1999.
PUBLISH May 26 and June 9, 1999.
/C~iGc.c`.
WILLIAM G. BERG, JR., CI ERK
````,,`t,~pll 1i11~/f I fl~~'//',
~,`1`~~~ ~ >1`f
~` ~
B~ x
9 ~~ ,~ ~
9 , ~P
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 6:00 p.m. on June 17, 1999, for the purpose of reviewing
and considering the application of JUB Engineers, Inc. for an amendment to the
Meridian Comprehensive Plan and Map to change the land use from residential to
mixed use (residential and office buildings) west of Eagle Road between Fairview
Avenue and Ustick Road.
A more particular description of the above property is on file in the City Clerk's
office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during
regular business hours.
A copy of the application is available upon request. Any and all interested
persons shalt be heard at said public hearing and the public is welcome and invited to
submit testimony.
DATED this 24th day of May, 1999.
PUBLISH May 26 and June 9, 1999.
~ ,cam.--.'
ILLIAM G. BERG, JR., ITY LERK
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•
HUB OF TREASURE VALLEY
Mayor
ROBERT D. CORRIE A Good Place to Live
Council Members CITY OF MERIDIAN
CHARLES ROUNTREE 33 EAST IDAHO
GLENN BENTLEY MERIDIAN, IDAHO 83642
RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813
KEITH BIRD
LEGAL DEPARTMENT
(208)884-4264
PUBLIC WORKS
BUILDING DEPARTMENT
I2os>ss~-22It
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: June 10, 1999
TRANSMITTAL DATE: May 11, 1999 HEARING DATE: June 17, 1999
FILE NUMBER: CPA-99-001
REQUEST: COMPREHENSIVE PLAN AMENDMENT TO CHANGE LAND USE FROM
RESIDENTIAL TO MIXED USE (RESIDENTIAL & OFFICE BUILDINGS)
BY: JUB ENGINEERS, INC
LOCATION OF PROPERTY OR PROJECT: WEST OF EAGLE RD, BETWEEN
FAIRVIEW & USTICK
TAMMY DE WEERD P/Z
_ MALCOLM MACCOY, P/Z
THOMAS BARBEIRO, 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
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:
CITY OF MERIDIAN
200 East Carlton Avenue, Ste. 201, Meridian, ID 83642
MAY Q 6 1995
~~T~` ~~i~ :'vt~ ~,~~31~~, ,
€~~-~~~I~~~~ ~ .~(1~~
Phone: (208) 884-5533
Fax: (208) 887-1297 ~ ~_ ~!~
C`.i'f~~t1`1"OO~
...~
COMPREHENSIVE PLAN AMENDMENT APPLICATION
APPLICANT: J-U-B ENGINEERS, Inc. PHO~: 376-7330
ADDRESS: 250 S. Beechwood Avenue, Suite 201
OWNER: Jon L. Barnes, Properties West, Inc. PHONE: 345-7523
ADDRESS: 1401 Shoreline Drive, P.O. Box 2797, Boise, ID 83702
GENERAL LOCATION: West side of Eagle Road between Fairview and Ustick
LEGAL DESCRIPTION OF PROPERTY: (attached )
PROOF OF OWNERSHIP OR VALID OPTION: A copy of your property deed or option
agreement must be attached.
PRESENT ZONE CLASSIFICATION: RT
V ICINZTY SKETCH: A vicinity map and/or site plan at a scale approved by the City showing
property lines, existing streets, easements, and such other items as the City may require (35
copies).
Fee: $1.100.00
I hereby certify that the information contained herein is true and correct. I also certi that I will
post the property one (1) week before each public ing. ( ~
~~ l~lJ ~
~~ ~ ~
SIGNATURE:
~ J u
J-U-B ENGINEERS, Inc.
cNGINEERS • SURVEYORS • PLANNERS
250 S. Beechwood Avenue, Suite 201
Boise, ID 83709-0944
208/376-7330
FAX: 208/323-9336
April 30, 1999
Ms. Shari Stiles
Planning Et Zoning Ac~'ministrator
City of Meridian
Planning Et Zoning Department
200 E. Carlton Ave., Suite 201
Meridian, ID 83642
RE: COMPREHENSIVE PLAN AMENDMENT REQUEST
Developer/Owner: Jon Barnes, Properties West
Dear Ms. Stiles:
In accordance with the City of Meridian comprehensive plan amendment procedures,
please find enclosed the following application items for the above referenced
proposed development:
1. The completed and executed written application form.
2. Proof of current property ownership.
3. Legal description prepared.
4. Vicinity Sketch - 35 copies.
5. Fee : $1,100.00 attached.
We wish to have the amendment request placed on the next available Planning and
Zoning/City Counci: ;agenda for consideration. If you have any questions or require
additional information, please contact me at 376-7330. Thank you.
Sincerely,
J-U-B ENGINEERS, Inc.
~-
Nancy A. ylor, AIC
Planning Associate
Enclosures
cc: Jon Barnes, Properties West
11146\app licovlet. doc
•
COMPREHENSIVE PLAN AMENDMENT REQUEST
JON BARNES
CAROL SUBDIVISION
April 16, 1999
1. Specific definition of the change requested. Change of the Comprehensive Land
Use map from Single Family to Mixed use (residential, and office buildings).
2. Specific information on any property involved. The site is in Ada County, zoned RT.
It is located on the west side of Eagle Road, south of Leslie Drive, between
Fairview Avenue and Ustick Road. The location is approximately 750 feet north of
Mixed Use Zone boundary (at Fairview Avenue and Eagle Road); and 1100 south of
Mixed/Planned Use Development land area at Ustick and Eagle Road. Recently, a
new elementary school has been proposed for the site.
3. The condition or situation which warrants a change being made in the Plan. There
are three conditions which warrant a change to the Plan: 1. Eagle Road widening
to five lanes 2. Future signalization at Eagle Road and 3. A new Meridian
elementary school.
All three elements provide an excellent opportunity to capitalize on the
advantages of Mixed-Use for the 40-acre site. Eagle Road is a principal arterial with
traffic traveling at 55-60 mph which is not conducive to adjacent single family
living, when other land use options can provide buffering. Loud and continuous
vehicular noise, speed, safety issues, and air pollution are undesirable factors for
adjacent residential development. Professional offices, similar in appearance to
homes, can provide buffering and take advantage of the Eagle Road visibility which
residential development does not need. Homes situated between the offices and
the elementary school allow the convenience of immediate school access by foot
or bike. Also, proposed signalization to Eagle Road will be shared by the three
properties making the site excellent for the school, residential and professional
offices access. (Note: this signalization will be shared by the southerly Kleiner
property as it develops). See proposed site plan.
4. The public need for and benefit from such a change in the Plan. The greatest
benefit is the increased compatibility of land uses that will benefit from the
amendment. Some of the advantages include:
• Buffering of single family homes from Eagle Road;
• Providing housing adjacent to the elementary school; and
• Professional office uses that provide landscaping and buffering to the above
uses.
5. Documentation that no other solutions to the problem as presented by the current
policy of the Plan are possible or reasonable. The Comprehensive Plan land use
map must be changed to allow for amixed-use project as proposed; currently it
allows only single family dwellings in this area.
•
6. Development intentions for any land involved. Low, residential-looking professional
offices (dentist, doctor, day care,); single family homes; and elementary school.
7. Any other data and information needed by the Planning and Zoning Commission in
evaluating the proposal, such as who does it help, who does it hurt, how much is it
going to cost and who's going to pay for it.
The school district has purchased the site and will be building a new elementary
school for 650 students. Office buildings along Eagle Road with residential design;
cottage homes transitioning to the school site. This 40-acre site will provide an
excellent transition buffer from the large commercial site at Eagle and Fairview to
the existing single family residential to the north.
Applicable Comprehensive Plan policies:
MIXED-PLANNED USE DEVELOPMENT AREAS
Land Use
1.8U Promote the development of high-quality and environmentally compatible
residential areas that contain the necessary parks, schools and commercial facilities to
maintain and form identifiable neighborhoods.
2.1 U Support a variety of residential categories (urban, rural, single-family, multi-
family, townhouses, duplexes, apartment, condominiums, etc.) for the purpose of
providing the City with a range of affordable housing opportunities.
Transportation
1.4U Monitor and coordinate the compatibility of the land use and transportation
system.
1.5U Encourage clustering of uses and controlled access points along arterial, collector
and section line roads.
11146complanamend.doc
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WARRANTY DEED
Hryan J. Catnpbell, a married man as his sole atxl separate property,
as to an undivided 1/4 interest
hereinafter referred to as Grantor, does hereby grant, bargain, sell, and convey unto
Properties West, Inc., an Idaho corporation,
hereinafter referred to as Grantee, whose current address is
P.O. Box 2797, Boise, ID, 83701
the following described pr~nises, to-wit:.
That certain real property more particularly described upon
"Exhibit A" attached hereto, which said "Exhibit A" is by this
referei~oe incorpora teci t~exei.n and nk~de a part hereof .
~3817`~y
~pA CO. RECORDER
J. DAVID yAVAP,RO
BOISE ID
FIRST AMERICAN TITLE CQ.
To ~,vE Arm To xor~ the said premises, with9f~yei~ 1 Ail 10 31 said
Grantee, his heirs arr3 assigns forever. Arr3 the db tg~> ~ covenant
to and with the said Grantee, that Grantor i~tE~ H~-~lE~~js~-~le of said
premises; that said premises are free from all erx~urrtbrarx~es except current years
taxes, levies, and assessments, a~xl except U. S. Patent reservations, restric-tiortis,
easements of retard, arxi easements visible upon the premises, and that Grantor will
warrant and deferx3 the same fratt all cla}ire~whatsoevpx.
September' 22 ,
STATE OF ~~"~-Q~ )
Q7[JMI'Y OF ~~Q,~~/!J j ss
On 'This ~g day of SeptembP-r, in the year 1993, before rne, a Notary Public
in and for said State, personally appeared Bryan J . Carr>pbel l , }a~atari or identified
to me to be the per~~ whose name is subscribed to the within Instrwnent, and
aC]~xxaledged to n>e that he executed the same.
NOTARY PUQt_IC ,
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CITY OF MERIDIAN
"Hub of Treasure Valley"
33 E. Idaho
Meridian, Idaho 83642
888-4433
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WAItILAN1'Y ll>;>;ll
Bryan J. Can>pbe11, a married man as his sole and separate property,
as to an undivided 1/4 interest
}~ereiilafter referred to as Grantor, does hereby grant, bargain, sell, and oa~vey unto
Prcypesties West, Inc., an Idaho corporation,
t>P.,reinafter referred to as Grantee, wtnse curzent address is
P.O. Box 2797, Boise, ID, 83701
the followi~ described premises, to-wit:,
That certain real property more particularly described upon
"Exhibit A" attactnd hexeto, which said "Exhibit A" is by this
refeseilce iroorporated }lexpin aril n><~de a part Hereof.
3381744
QDA CO. RECORDER
J. DAVID ~AVARRO
BOISE ID
FIRST AMERIC/1N TITLE CO.
~~Q~(; 1 A(410 31
TO RAVE nrm TO xocn the said premises, with9fheiT ~,r-ten - said
Grantee, his tlei.rs and assigrtis forever. And tt>r~e cl6~t~ ~ covenant
bo arxl with ttTe said Grantee, Uzat Grantor i~E~tta~p~r}~~4lE~Ts9frple of said
premises; that said pranises are free from all erti~.mlbrances except clrrzellt years
taxes, levies, aril assessmel~ts, arxi except U. S. Patant reservations, restrictions,
easements of record, and easements visible upon the premises, alxl that Grantor will
warrant and defend the same from all cl whatsoever.
Dated: September 22, 1993. ~1
Br~ 1 --
STATE OF u~"~ )
QOUM'Y OF (,(/~Q/v j Ss
On This iZg day of September, in the year 1993, before me, a Notary Public
in and for said State, personally appeared Bryan J. ('.anq~bell, Eviown or identified
to rtle to be Use person wtx~se name is subscribed to the within Instrwnent, and
ac3a~aaledged to me that he executed tl~e same. n
NOTARY PUOUC ~ ~.n n .1/
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First American Title Company of Idaho
• •
BCHEDULE A
PARCEL A
Part of the Southeast quarter of the Northeast quarter of Section
5, Township 3 North, Range 1 East, of the Boise Meridian, Ada
County Idaho, described as follows:
Commencing at the Northeast corner of Section 5, Township 3 North,
Range 1 East, Boise Meridian, Ada County, Idaho, thence
South on the East line of said Section 5 (which is the middle of
State Highway No. 69) for a distance of 2,283.0 feet to a spike in
the center of State IIighway No. 69, the REAL PLACE OF BEGINNING;
thence
North 89°48' West for a distance of 1,317.33 feet to a point in the
Westerly fence line; thence
North 0.0°08' West for a distance of 320.0 feet to a point; thence
South 89°48' East for a distance of 1,318.08 feet to a spike in the
East line of said Section 5; thence
South along the East line of said Section 5 for a distance of 320.0
feet to a spike in the middle of said State highway No. 69, the
REAL POINT OF BEGINNING.
EXCEPT ditch and road rights of way.
EXCEPT right of way for EAGLE ROAD.
PARCEL B
Part of the Southeast quarter of the Northeast quarter of Section
5, Township 3 North, Range 1 East, of the Boise Meridian, Ada
County Idaho, described as follows:
Commencing at the Northeast corner of Section 5, Township 3 North,
Range 1 East, Boise Meridian, Ada County, Idaho, thence
South on ttie East line of said Section 5 (which is the middle of
State highway No. 69) for a distance of 2,610.96 feet to a spike
in the center of State highway No. 69, at the East quarter corner
of said Section 5, the REAL PLACE OF BEGINNING; thence
South 89°45' West for a distance of 1,316.54 feet to the 1/16th
corner of said Section 5, a 3/4" steel pin; thence
North 0.0°08' West for a distance of 339.07 feet to a point; thence
South 89°48' East for a distance of 1,317.33 feet to a spike in the
East line of said Section 5; thence
South 327.86 feet along the East line of said Section 5 to a spike
in the middle of State Highway No. 69, REAL FOINT OF BEGINNING.
EXCEPT ditch and road rights of way.
EXCEPT right of ways for EAGLE ROAD and STOKESBERRY LATERAL.
~0'99tid 9~~6 ~Z~ 80z b~:eZ 66~ 90
MRY. 5.1999 3 ~ 50PM LE ~USTRIES • ~~ ~ 09~ p' 2iz
ACTION BY CONSENT
OF THE BOARD OF DIRECTORS
OF PROPERTIES WEST, INC.
AND ACKNOWLEDGMENT AND ACCEPTANCE
BY THE SOLE S$AREHOLDER
The undersigned constituting all of the members of the Directors of Properties West, Inca, hereby
unanimously consent to the adoption of the following resolutions effective March 21, 1998, in
lieu of a formal annual meeting, with the same effect as if adopted at a meeting of the directors
which was duly called, noticed and held at which a quorum was present and acting throughout:
NOW, THEREFORE, LET IT BE RESOLVED that the following individuals shall be elected as
officers of Properties West, Inc,, effective March 21, 1998 and that said individuals shall serve
until the next annual election, their resignation or until their successors are elected:
Jon L. Barnes -President
Marilyn M, Bames - Secretary/Treasurer
Ann Faltin -Assistant Secretary
FURTHER LET IT BE RESOLVED, that all previous action
corporation by its Officers since the fast annual election occurred,
are herby ratifi~ confirmed and approved,
Joni.,. B
M.
ACKNOWLEDGMENT AND ACCEPTANCE:
s taken upon behalf of the
effective December 1, 1997,
The individual representing the holder of the common stock of the corporation hereby concurs
with the Board of Directors of Properties West, Inc. in formally ratifying, confirming and
approving all previous actions taken on behalf of the corporation by its officers since the last
annual election occurred effective December 1, 1997,
(Constituting the Sole Shareholder and Directors of Properties West, Inc.)
1~•61~8.L10C
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Engineers Surveyors Planners
Project: 11146
Date: March 12, 1996
LEGAL DESCRIPTION FOR PROPERTIES WEST SCHOOL PARCEL
A parcel of land being a portion of the Southeast 1/4 of the Northeast 1/4 of
Section 5, T.3N., R.lE., B.M., Ada County, Idaho; said parcel being more particularly
described as follows:
Beginning at the Northeast corner of said Section 5;
thence along the Easterly boundary line of said Section, South 0°36'05" West,
2,611.52 feet to the Southeast corner of said SE 1/4 of the NE 1/4, said corner being
mounumented with a found brass cap monument:
thence along the Southerly boundary line of said SE 1/4 of the NE 1/4,
North 89°40'37" West, 372.00 feet to the TRUE POINT OF BEGINNING;
thence continuing along said Southerly boundary line of said SE 1/4 of the
NE 1/4, North 89°49'37" West, 944.54 feet to the Southeast corner of Lot 13 of Block 2
of Carol's Subdivision No. 2 as shown on the official plat thereof recorded in Book 39
of Plats at page 3248, in the office of the Recorder, Ada County, Idaho;
thence along the Easterly line of said Carol's Subdivision No. 2, North 0°19'12"
O East, 660.38 feet to a point on the Southerly boundary line of Lot 7 of Block 2 of
Carol's Subdivision as shown on the official plat thereof recorded in Book 38 of Plats
at page 3164 in the office of the Recorder, Ada County, Idaho;
thence along the Southerly line of said Carol's Subdivision South 89°10'00"
East, 699.78 feet to a point;
thence South 00°36'05" West, 354.16 feet to a point;
III~UUUUrrr) thence South 89°40'37" East, 105.00 feet to a point;
thence South 00°36'05" West, 50.00 feet to a point;
thence South 89°40'37" East, 143.00 feet to a point;
thence South 00°36'05" West, 250.00 feet to the TRUE POINT OF BEGINNING.
Said described parcel of land contains 12.08 acres, more or less.
SUBJECT TO:
All existing easements and road rights-of-way of record or appearing on the
above-described parcel of land.
Prepared by:
J-U-B ENGINEERS, Inc.
326()
~-1 ~ - 5 e~0 ~-~/
GAL:cc Gary A. Lee, P.E,/L.S
f:\projects\11146\admin\schlgl.doc
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F.na veers Surveyors. Planners
Project: 11146
Date: May 6, 1999
PARCEL DESCRIPTION
FOR PROPERTIES WEST
bi=:BZ 66~ 90 ,~.dW
A parcel of sand being a portion of the Southeast'/• of the Northeast'/4 of Section 5, T.3N., R.1E., B.M.,
Ada County, Idaho, and more particularly described as follows:
Commencing at a point marking the Northeast corner of Section 5, T,3N., R.1 E., B.M., Ada County,
Idaho; thence South 00°36'05" West along the Easterly boundary of said Section 5, 2,611.52 feet to a point
marking the Southeast corner of the NE Y~ of said Section 5; thence leaving said Easterly line North 89°40'38"
West, along the Southerly boundary line of said NE Y<, 70.00 feet to a point on the Westerly right-of•way of
Eagle Road (State Highway No. 55) as shown on highway plans (Federal-aid Project No. NH•F-03271 (037)) on
file with the Idaho Transportation Department, said point being the REAL POINT OF BEGINNING;
thence continuing along said Southerly boundary North 89°40'37" West, 3.02.00 feet to a point;
thence .leaving said Southerly boundary North 00°36'05" East, 250.00 feet to a point;
thence North 89°40'37" West, 143.00 feet to a point;
thence North 00°36'05" East, 50.00 feet to a point;
thence North 89°40'37" West, 105.00 feet to a point;
thence North 00°36'05" East, 354.16 feet to a point on the Southerly boundary of Carols Subdivision as
shown on the Official Plat thereof recorded Book 38 of Plats at page 3164 in the office of the Recorder, Ada
County, Idaho;
thence South 89°10'00" East along said Southerly boundary, 550.00 feet to a point on the Westerly
right-of-way of said Eagle Road (State Highway 55);
thence South 00°36'05" West along said Westerly right-of-way 649.26 feet to the REAL POINT OF
BEGINNING.
Said parcel contains 6.68 acres, more or less.
END OF DESCRIPTION
Prepared by:
J•U-B ENGINEE -Inc.
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$2~1
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LHK:Ihc Lawrence H. Koerner,. P.L.S.
f:\projeCCS\11146\admin\parcel description.doc
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