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1989 09-12C~ A G E N D A MERIDIAN PLANNING & ZONING SE~FR 12, 1989 ITEM: C~ MINUTE'S OF THE PREVIOUS MEETING FIELD AUGUST 8, 1989: (APPROVED) MINCFPES OF THE SPECIAL MEETING HELD AUGUST 22, 1989: (APPROVED) 1: PUBLIC HEARING: APPLICATION FOR CONDITIONAL USE PEPS~72T FOR CONVENIENCE STORE BY SNAKE RIVER MARKETING: (APPROVED) 2: PUBLIC HEARING: PRELIMINARY PLAT ON GEM PARK SUBDIVISION: (APPROVED) 3: PUBLIC HEARING: ANNEXATION & ZONING REQUEST, PRELIMINARY PLAT & CONDITIONAL USE PERMIT FOR PUD ON PINE BLUFF ESTATES: (APPROVID) MERIDIAN PLANNING & ZONING SEPT. 12, 1989 The Regular Meeting of the Meridian Planning & Zoning Commission was called to order by Chairman Jim Johnson at 7:30 P.M.: Members Present: Sim JOhnson, Jim Shearer, Charles Rountree, Moe Alidjani, Tim Hepper; Others Present: Dennis V. Marshall, Roger Jeppsen, Ricky & Ronda Parker, Terry Botkin, Steve Kath, Craig Call, Marcia Burton, Bi11 Howell, Craig Johnson, Linda Cope, Corinne Cope, Gary Lee, Bob Bodine, Wayne Crookston, Dave Roylance, Sohn Navarro, Gloria Navarro, The Motion was made by Rountree and seconded by Alidjani to approve the Minutes of the previous meeting held August 08, 1989 as written: Motion Carried: All Yea: The Motion was made by Hepper and seconded by SHearer to approve the Minutes of the Special Meeting Held August 22, 1989 as written: Motion Carried: All Yea: ITEM lll: PUBLIC HEARING: APPLICATION FOR CONDITIONAL USE PERMIT FOR CONVENIENCE STORE BY SNAKE RIVER MARKETING: Johnson: Is there a representative from Snake River Marketing here to represent this request. Please come forward and state your name and be sworn in. Craig Call, 8455 Valleyview Drive, Boise, was sworn by Attorney: Call: Snake River Marketing is a fairly new organization owned by my brother and I. We are involved in affiliation with the FLying J Company which was founded about 20 years ago. The building would be as attractive as possible. We like the Meridian location because we feel we will being business into the area that wouldn't normally stop here. This is not a truck stop, even though Flying J's first investment in the Valley was in a truck stop. We will sell Diesel but mainly for small farm traffic, We will not have room on this property to accomodate 18 wheel trucks. This could easily approach $700,000 investment, I do have some photo's of the facility that I would like to pass around to the commission and the members of the audience. I will be happy to respond to any questions that you or the audience might have. Alidjani: Did you get a chance to look at the requirements that were listed, do you have any problems with any of these things? Call: I did talk to Gary Smith yesterday. There is some inconsistency, for example the Health Department states under what condition on site sewage can be contained and the City suggests conditions under which we could provide a Connection to the City sewer. It appears to me that as long as the individual entity who proposed the restriction or the recommendation that was included in the packet there was some flexibility but we certainly agree with the spirit of the things that have been suggested. Alidjani: Approximately how many square footage of the ground are you requiring? Call: There is about an acre and 1/3 there, the Ada County Highway District would like to take away another 15 feet that we wanted to landscape, the canal people said that it would be against there policies to landscape by the canal. MERIDIAN PLANNING & ZONING • • SEPTEMBER 12, 1989 PAGE #2 Alidjani: So as far as you are concerned, you still have adequate ground? Call: Yes. Attorney: Is there going to be on site sewer & water or whether you are going to go with a lift station and connecting to water. Call: We are doing perculation test right now, we started it since there is yet a little time left in the high water season just to see what our options are. Johnson: We will now open the Public Hearing, is there anyone from the public who would like to address this issue? Linda Cope, 132 E. Overland, was sworn by the Attorney. Cope: We are the neighbors directly to the east, and I am concerned about what is going to happen to the ditch. There is wildlife, I would hate to see it tiled over. Alidjani: What do you think would happen to them. Cope: As a wet land area it would just dissappear if it were tiled over. There is alot of wildlife on that canal. William Howell, 497 Whitecloud, Boise, was sworn by the Attorney. Howell: I'm from the Country Corner which is kitty corner from this request and if sewer is made available there for everybody in the neighborhood, will there be a lift station put in will we be able to hook up to it? That was our question is if we could get the service also. Shearer: They should get together after this meeting and see what they could put together that way. Johnson: Anyone else to offer testimony on this issue? If not, I will close the Public Hearing. The Motion was made by Alidjani and seconded by Shearer that the Meridian Planning & Zoning C6n:¢nission does hereby adopt and approve these Findings of Fact and Conclusions of Law that has been drawn up by the City Attorney. Roll Call Vote: Hepper - Yea; Alidjani - Yea; Rountree - Yea; Shearer - Yea; Motion Carried: All Yea: Rountree: The proposal we have right now doesn't involve the drainage system at this point and I believe that if it does I may be wrong but I think it would be subject to review by the Core of Engineers. The Motion was made by Rountree and seconded by Alidjani that the Meridian Planning & Zoning Commission recommends to the Meridian City Council of the City of Meridian that they approve the Conditional Use Permit requested by the applicant. Motion Carried: All Yea: Call: The Bureau of Reclamation insisted that all the tree's be taken out of the canal and all the willows by cut down. Tiling does not mean covering it just means lining the bed. MERIDIAN PLANNING & ZONING • • SEPTEMBER 12, 1989 PAGE #3 ITEM #2: PUBLIC HEARING: PRELIMINARY PLAT ON GEM PARK SUBDIVISION: Johnson: Is there a representative from Gem Park here, please come forward and be sworn: Dave Roylance, 4227 Emerald, Boise, was sworn by the Attorney. Roylance: It's a thirty (30) lot subdivision on Chateau and Locust Grove. Rountree: Did you get the comments from our City, Engineer. Roylance: Yes, just now. That would be a problem. Economically we couldn't afford to extend that street to the south and put in bridges or culverts. Further I don't know that it is fair that we would be asked to do so and bear that cost totally ourselves, being that we didn't create that problem to the south if there is a problem. There was some further discussion about lot sizes. (Tape on file) Johnson: This is a Public Hearing, is there anyone from the public who wishes to offer testimony. TerryBOtkin, 1362 E. Chateau, was sworn by the Attorney. Botkin: I don't believe that the lot size issue was answered. user: The minimum lot size for Meridian is 1300 Square Feet, unless they go with a mixed Botkin: I would like to go on record as opposing this subdivision. I have no objection to a subdivision being there it is just the size of the lots and the houses being built there. Craig Johnson, 5137 N. Leather Place, was sworn by the Attorney. Johnson: I am the developer on this project and I should have addressed this earlier so this wouldn't have been a problem. The lot size that we are proposing here is quite a bit larger than the minimum lot size for an R-8. It would accomodate very easily 1700 to 1800 square foot homes. Our market value shows that these homes should stay within 75,00 to 110,000 somewhere in that price range. I would expect that most of the homes would be between 1300 and 1500 square feet. I would like to think they are going to be a step above the subdivision to the west. We want a quality subdivision there. Hepper: Have you decided on your covenants, are you going to go with the mixed use or the 1300 minimum. Johnson: I haven't really decided on that. Marsha C. Barton, 1011 E. Chateau, was sworn by the Attorney. Barton: My main concern is the water pressure. We have had low water pressure now. Will this affect our water pressure. Our concern is the property value, whether you go with the 1300 or the mixed use. MERIDIAN PLANNING & ZONING • • SEPTEMBER 12, 1989 PAGE #4 Terry True, 5412 Pierce Park Lane, was sworn by the Attorney. True: I have 5 acres that adjoins this whole subdivision, what does the developer plan to with the irrigation that goes through the private property. Is that going to be left as is. Johnson: We will have to do whatever Ada County Highway District requires us to do or Nampa-Meridian Irrigation. Chairman Johnson: Who ever has jurisdiction over the ditch is going to control that. That's why it is not a major concern of ours. Chairman Johnson: Is there anyone else from the public who wishes to offer testimony? If not I will close the public hearing. The Motion was made by Rountree and seconded by Shearer to recommend approval to the City Council. Motion Carried: All Yea: ITEM #3: PUBLIC HEARING: ANNEXATION & ZONING REQUEST, PRELIMINARY PLAT & CONDITIONAL USE PERMIT FOR PUD ON PINE BLUFF ESTATES: Johnson: You all should have a revised preliminary plat, the initial plat was changed. Is there a representative present for this request. Sumner Johnson, 444 W. Iowa, Nampa, was sworn by the Attorney. Johnson: I am Sumner Johnson of JUB Engineers, here representing the Developer for the developer also here is Roger Jeppsen, Dennis Marshall and Elliot Sheffield and if there is any questions they can answer them although they are not planning to testify. The plat has some modifications, I have been working with City Engineer Gary Smith, he wanted in the SE corner Broadway Avenue continued to the easterly boundary of this project. In addition we have been working with various agencies on how to handle the Nine Mile Drain. Instead of a 100' right of way fenced on both sides with a weed patch in the middle and a big deep gulley, we want to turn that into tiled pipe line that can be cost effectively constructed. There was further discussion on this. (TAPE ON FILE) We would fence along the Rutledge Lateral which run along the back of the proeprty, the property would be served by City Water, the sewer system would be built to meet the City rc~cn,;rements, the last item, a new thought in Meridian we have all been exposed to the public cry that they cannot get irrigation water but they pay for it, I believe that this property could, if all the water rights cane out of the Rutledge Lateral an irrigation pumping installation with the proper screening could be installed and distributed out through the subdivision, it would cost the developer sane additional money, the long teen demand on the municipal system would then be reduced , there should be an opportunity for the City Council to give a trade off in the reduction of hookup charges for the water system in return for reduction of long term demand on the municipal system and that credit could be used by the developer to construct the independent pressurized irrigation system. This has worked satisfactory is Nampa, the only problem is the irrigation ~x-uiy is going to give you enough water to irrigate 24 hours a day and there isn't anyone wants to irrigate that way so you have to devise a way for sane makeup water. Nampa does it by shallow wells, If the City does consider this then I am sure it would expand to a ca~anunity network, then a well now and then meets the makeup difference for the whole carm~uiity and then has the advantage of being able to turn it on prior to the irrigation water in the ditch. MII2IDLAN PLANNING & ZONING • $FPf'F.MRFR 12, 19$9 PAGE # 5 C~ The developer has not made a positive decision as to whether or not to consider this, but I wanted to mention this as I think it is something that should be considered. Hepper: There is a~ubdivision here in town that is similiar to that, it is pumping irrigation water out of the ditch and some of the residents because the irrigation water goes out in the next week or ten days, the sprinkler season is not over yet, so they want to connect to the city water for their sprirkY~x system and the water works department says no way can you hook up a line between the irrigation ditch and the drinking water, you have a back flow problan. Johnson: You can do it but it is not advisable, that is what I said you need a shallow well for these times. Hepper: So you would not be using any City Water for irrigation? Johnson: We are not proposing any in this situation. Johnson: There will be a Home Owners Association because these major lots to the east are azx-~rtrnents, the larger lots are apartment house lots anticipated four units per lot and so there will be a manager to manage the apartrnent house and also the open space greenway down the nine mile drain and the mini storage. Alidjani: I have some concern on the flag lots, lot 27 & 28 block 3: Johnson: We would propose that to be a cac¢non ingress & egress the 30 foot, it would be a deeded fifteen foot to each lot. This would be specified on the plat: Chairman Johnson: This is a Public Hearing, I will now open the Public Hearing, is there anyone in the audience who wishes to offer testimony on this request? John Navarro, 1200 West Pine, Navarro was sworn by the City Attorney: Navarro: I live accross from this development on West Pine and I have talked to several of the neighbors and we have a concern on storage and I have not been able to find out how much area they have set aside for storage, has many acres? Chairman Johnson: It is about four acres set aside for this; and back against the railroad tracks: Navarro: The other concern that I have is when you talk about that the will there be any chance that will raise like in July and August, will that raise the water tabl~nore than it left like it is naa? Chairman Johnson: Mr. Johnson could you answer this concern? Johnson: That is a legitimate concern, it is my opinion that tiling that ditch will not raise the water table in that area, the tendency is that we will probably lacer the creek in the process of tiling and then it will stay lacer where now they lacer it every five or ten years when they clean it, my opinion is that in the long range it would be better than the way it is now. Navarro: The question ~ to my mind all of those will be lots and will be sprinkled and whether that would raise that water table, the way it is naw the water runs awhile and and then it is of for awhile , this would be a steady input into that ground every day and every day, would this make the water table higher? MERIDIAN P & Z • . SEPTEMBER 12, 1989 PAGE # 6 Johnson: There are all kind of studies where sprinkler irrigation for residential use applies a lot less total volimie of water than flood irrigation does once a week or every 10 days as it is done by the farmer amainly because the sprinkler just goes a shallow depth. Sprinkler irrigation will reduce the amount of water that goes to the water table. Chaaisn~7 Johnson: Is there anyone else from the Public who wishes to testify on this request? There was no response, the Public Hearing was closed. We have Preliminary Findings of Fact and Conclusions on this, are there any questions of the Commission Manbers? Rountree: I would like to comment on the drainage systan, I think it is a good idea and I would urge you to pursue this idea. City Attorney: The Findings were prepared on the basis of the o_rginal Preliminary Plat, I think you can adopt than subject to changing the lot numbers I have used to conform to this amended Prel;m;nary Plat. The Notion was made by Rountree and seconded by Shearer that he Meridian Plann;ng & Zoning Commission hereby adopts and approves the Findings of Fact and Conclusions of Law as anemded by the amended Preliminary Plat. Roll Call Vote: Hepper, Yea: Rountree, Yea: Shearer, Yea: Alidjani, Yea:MOtion Carried: The Motion was made by Alidjani and seconded by Shearer that the Meridian Planning & Zoning Caanission hereby rec~cnends to the City Council of the City of Meridian that they approve the annexation 7 zoning requested by the applicant for the property described in the application, subject to the Conditions stated in the Findings of Fact & Conclusions of Law and recac[nend approval of the conditional uses upon the conditions set forth in the findings of fact and conclusions of law and recamiend that the City Council also approve the amended Preliminary Plat: Motion Carried: All Yea: Being no further business to ccene before the Commission the Nation was made by Rountree and seconded by Shearer to adjourn at 8:47 p.m.: Notion Carried: All Yea: (TAPE ON FILE OF THESE PROCE®INCS) APPROVED: JIMJIM OHNS<J~N, CHAIRMAN ATPFST: Mayor & ~ cil _~ P & Z s Atty, Eng, Fire, Police Ward, Stuart, Hallett, Gass Bld Dept., Valley News, Statesman, ACHD, NINID, CDH, ACC, SIR File (3) Mail (3) BEFORE THE MERIOIAN PLANNING AND ZONING COMMISSION SNAKE RIVER MARKETING, INC. CONDITIONAL USE PERMIT CORNER OF OVERLAND AND MERIDIAN ROAD MERIDIAN, IDAHO PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LAW AMRR08E, FITZG ERALG B CR008STON Attorneys end Counselors P.O. BOS 1Z7 MsriEian, IEeflo 83812 TBIepMM8B6N81 The above entitled matter having come on for public hearing September 12, 1989, at the hour of 7:30 o'clock p.m., the Petitioner appearing in person, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter, makes the following Preliminary Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. That a notice of public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for September 12, 1989, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the September 12, 1989 hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were made available to newspaper, radio and television stations; 2. That this property is located within the City of Meridian and is owned by the Applicant, and is described in the application, which description is incorporated herein as if set forth in full; the property is generally described as at the northeast corner of Overland Road and the Meridian-Kuna Highway; the proposed use of the property is to operate a convenience store with gasoline sales and a car wash. 3. That the property is located in the C-G General Retail and Service Commercial District, which requires a conditional use permit for the operation of the use the application requests; that the previous use was for a mechanic shop, mobile home, parts yard and storage building. 4. That the C-G District is described in the Zoning AMSROSE, FITZG ERALD BCROOKSTON Atbrneya Intl Couneelora V.G. Sav 1Z] MSrltlien, ItlNo 83512 TSlapnone BBB~U61 Ordinance, 11-2-408 B. 9 as follows: (C-G) GENERAL RETAIL AND SERVICE COMMERCIAL: The purpose of the (C-G District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. 5. That the use proposed by the Applicant is an enumerated allowed conditional use in the C-G District. 6. That the property to the west is vacant ground used as a pasture; the property to the east is in agricultural use and industrial; the property to the south is vacant ground; the property to the north is Interstate freeway; the property kitty corner is a service station with convenience store. 7. That the existing use is cluttered and unsightly with old vehicles and farm equipment parts strewn about the property. 8. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been given and followed. 9. That the Applicant has submitted the names of the people owing property within 300 feet of the property but their approval of the use of the property is not required because the property is not a residential district. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to grant AMSROSE, FITZG ERALD S CROOKSTON Albrneye and Cooneeloro P.O. Boy d2] MeriElan, IANo B3M2 TalepMne 856181 conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Complied Ordinances of the City of Meridian, Idaho; 3. That the City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code, and pursuant to 11-2- 418(D) of the Revised and Compiled Ordinances of the City of Meridian, Idaho; 4. That 11-Z-418(C) of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area, the Planning and Zoning Commission preliminarily concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit is required by ordinance. b. The use would be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use. AM BROSE, FITZGERALO B CROOKSTON Attorneys entl Counselors P.O. Bov KI] Marltllen, ItlNo 1L78AZ TelsplgM BB&MSl c. The use apparently would be designed and constructed, to be harmonious in appearance with the intended character of the general vicinity, such being designated as set forth in the definition of C-G as contained in Section 11-2-408 B 9. d. That from a zoning standpoint, the use should not be hazardous nor should it be disturbing to existing or future neighboring uses. e. The sewer and water service availability is in doubt and something will have to be done to provide sewer and water. f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community. g. The use would not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. h. Sufficient parking for the property and the proposed use must be provided. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. That comments may be submitted by the Ada County Highway District, the Idaho Transportation Department, the Central District Health Department, the Nampa & Meridian Irrigation District, and the City Engineer; that those comments are incorporated herein and shall be a requirement for issuance of the conditional use permit at this time. 6. That all applicable fire, life safety, building codes and sewer and water requirements must be met prior to occupancy. AMBROSE, FlTZGERALD B CROOKSTON Attorneys me CounNloro P.O. Box ~tT Merl0len, ICNo 8%a1 T11epMne 886{181 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL: Commissioner Hepper Voted Commissioner Alidjani Voted Commissioner Rountree Voted~_ Commissioner Shearer Voted~_ Chairman Johnson (Tie Breaker) ~ Voted DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby AM BROSE, FITZGERALD B CROOKSTON AROrneys anE Couneelon P.O. Box ~2T MerlEl~n, Itlalro BJ~2 TaIePNOne BBBO~B1 recommends to the City Council of the City of Meridian that they approve the Conditional Use Permit requested by the Applicant for the property described in the application, subject to the conditions stated herein. MOTION: APPROVED: _ DISAPPROVED: BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION EQUITIES INTERNATIONAL, INC. ANNEXATION, ZONING AND CONDITIONAL USE LOTS 3, 4, & 5 WESTLAWN SUBDIVISION MERIDIAN, IDAHO PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation, and zoning and conditional use application having come on for consideration on September 12, 1989, at the hour of 7:30 o' clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Commission having heard and taken oral and written testimony and the applicants appearing and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation, zoning and conditional use was published for two (2) consecutive weeks prior to the said public hearing scheduled for September 12, 1989, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the September 12, 1989 hearing; that the public was given full opportunity to express comments and submit evidence; and that AMBROSE, FITZG ERALD B CROOKSTON ALLOmeys antl Counaelrna R.G. BpY IZT McN01an, Itlalw 87E/2 Tslepoone BBN187 copies of all notices were made available to newspaper, radio and television stations. 2. That the property included in the application for annexation, zoning and conditional use is described in the application, and by this reference is incorporated herein; that the property is approximately 29 acres in size; it is on the south side of Pine Street about 300 feet east of Linder Road. 3. That the property is presently zoned by the county and is used agriculturally; the proposed use would be for R-15 Residential, R-40 Residential use, and for mini-storage under a conditional use permit. 4. The general area surrounding the property is used in a mixed fashion; the property to the north is used agriculturally and as office use and residences; the property to the west is a mobile home subdivision; the property to the east is a residence and vacant land; and the property to the south is railroad and agricultural property. 5. That the property is adjacent and abutting to the present City limits and is surrounded by the city on three sides. 6. The Applicant is not the owner but the owners are Roger E. Jeppesen and Kay M. Jeppesen. qM BROSE, FITZGERALD 6 CROOKSTON Attorneys antl Couneeion P.O. Box ~Z] Merltllgn, ItlNo SBM2 Telapllona BBB~Nt 7. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 8. That the entire parcel of ground is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 9. That the Application requests that the parcel be annexed and lots 1 through 6, lots 8 through 15 and lots 17 and 18, all of Block 1, and lots 1 through 6, and lots 8 through 11, Block 2, be zoned R-15 and that it requests that Lot 16, Block 1, be zoned to allow mini-storage; the application further requests a conditional use permit for a Residential Planned Unit Development and a conditional use permit for a General Planned Unit Development zoned R-15 to allow the mix of housing units and storage units. The Applicant proposes to develop the property with single family residences, apartments and storage units. 10. That if the land were annexed at this time the City AMBROSE, FITZGERALO B CROOKSTON Atlorneya end CounaelOre P.O. Boa ~T7 MeriUlan, lAeNo 81MT TelaWlone BB6M61 would be obligated to provide, at a minimum, police and fire protection services. 11. That the property is in the Warrior Neighborhood as set forth in Policy Diagram in the Meridian Comprehensive Plan Area. 12. That Meridian has, and is, experiencing a population increase; that the number of residential building lots has significantly decreased in the last two to three years; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots; 13. That the property can be serviced with City water and sewer and such are available. 14. Ada County Highway District and the Department of Health may submit comments and such shall be incorporated herein as if set forth in full. 15. That the City Engineer may submit comments and such shall be incorporated herein as if set forth in full. 16. That the R-15 Residential District is described in the AM BROSE, FITZGERALD d CROOKSTON Attorneys end CoanaslOn P.O. Boz 12T Merltlian, Itlallo 83812 TeleDMms 88&U81 Zoning Ordinance, 11-2-408 B. 3 as follows: (R-15) MEDIUM HIGH DENSITY RESIDENTIAL DISTRICT: The purpose of the (R- 5) District is to permit the establishment of medium-high density single-family attached and multi-family dwellings at a density not exceeding fifteen (15) dwelling units per acre. All such districts must have direct access to a transportation arterial or collector, abut or have direct access to a park or open space corridor, and be connected to the Municipal Water and Sewer systems of the City of Meridian. The predominant housing types in this district will be patio homes, zero lot line single- family dwellings, townhouses, apartment buildings and condominiums. 17. That the R-40 Residential District is described in the Zoning Ordinance, i1-2-408 B. 4. as follows: (R-40) HIGH DENSITY RESIDENTIAL DISTRICT: The purpose of the (R-40) District is to permit the establishment of high density residential uses at a density not exceeding forty (40) dwelling units per acre. Connection to the Municipal Water and Sewer System of the City of Meridian is required. 18. That a Planned Residential Development is defined as follows as set forth below and is an allowed conditional use in the R-15 and R-40 Districts: PLANNED RESIDENTIAL DEVELOPMENT (PD-R) - Any evelopment which is predominantly residential including those accessory purposes customarily relating to residential uses with the balance of such area, if any, being intended for such uses as reasonably relate to the support or convenience of the residential uses of other occupants. 19. That a Planned General Development is defined as AM BROSE, FIT2GERALD BCROOKSTON AROmayeaNtl Couneelon P.O. Boz /Y7 Merltll~n,IMl~o BJBKY TBIpMM88&M81 follows as set forth below and is an allowed conditional use in the R-40 District: PLANNED GENERAL DEVELOPMENT (PD-G) - A development not otherwise distinguished under Planned Commercial, Industrial, Residential Developments, or in which the proposed use of interior and exterior spaces requires unusual design flexibility to achieve a completely logical and complementary conjunction of uses and functions. This PD classification applies to essential public services, public or private recreation facilities, institutional uses, community facilities or a PD which includes a mix of residential, commercial or industrial uses. 20. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission were given and followed. 21. That the use requested of a mini-storage on Lot 16, Block 1, in an R-40 zone is allowed under a general planned unit development. 22. That the Applicant has submitted petitions signed by at least 75% of the people owning property within 300 feet of the property indicating their approval of the use of the property as requested. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a Legislative function. 3. That the Planning and Zoning Commission has judged this annexation and zoning use application by the standards contained in Section 50-222, Title 67, Chapter 65, Idaho Code, AMRROSE, F1T2G ERALD 6 CROOKSTON Attorneys and Counaebrs P.O. Boz 127 Merltllan, IM~o e3ae2 TeleptroM B8B1e81 the Meridian City Ordinances, Meridian Comprehensive Plan as amended February 19, 1985, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been compiled with. 5. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant, with consent of the owners, and the annexation is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function the City has authority to place conditions upon the annexation of land pursuant to 67-6512, Idaho Code, and Section 11-2-418(D) of the City Zoning Ordinances. 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616 which pertains to development time AMBROSE, FIT2GEPALD S CROOKSTON Attorneys and Counaalore P.O. Baa I4] Marltllan, ItlNo 838,4 Teleplgrro 8BB M81 schedules and requirements; that the Applicant will be required to connect to Meridian water and sewer; that the property will be subject to Site Planning Review; that the property will be subject to the requirements of the Ada County Highway District, the Central District Health Department requirements, the Nampa & Meridian Irrigation District, and the comments of the City Engineer. 10. That proper and adequate access to the property is available and will have to be maintained. 11. That there has been an increase in population and a reduction in residential lots capable of being built in which warrants conversion of land previously used agriculturally to residential uses. 12. That since the Applicant's property is in the Warrior Neighborhood of the Comprehensive Plan, the annexation and zoning Application is in conformance with the Comprehensive Plan and does not conflict with the Rural Areas policies. 13. That it is concluded that the annexation and zoning would be in the best interests of the City of Meridian. 14. Therefore, based on the Application, the testimony and evidence, these Findings of Fact and Conclusions, and the Ordinances of the City of Meridian, it is ultimately concluded AM BROSE, FITZGERALO B CROOKSTON Altorneya antl Coonaelora P.O. Boz /27 Merltllan, Itlallo 878/3 Telepaona 88&1181 that Applicant's property should be annexed and zoned as requested; that the conditions should be those stated above and upon issuance of final platting or issuance of a building permit and other conditions to be explored at the City Council level; that such annexation would be orderly development and reasonable if the conditions are met. 15. That in regards to the conditional permit for the Planned unit developments it is hereby found that 11-2-418(C) of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area, the Planning and Zoning Commission preliminarily concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit is required by ordinance. b. The use would be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use. AMSROSE, FITZO ERALD BCROOKSTON Attorneys entl C.OUnseOre P.O. Ros l2T Merltllan, Itleho Bb<2 Telaplione SS&s/81 c. The use apparently would be designed and constructed, to be harmonious in appearance with the intended character of the general vicinity, such being designated as set forth in the definitions of R-15 and R-40 Residential as contained in Section 11-2-408 B 3.and 4. d. That from a zoning standpoint, the use should not be hazardous nor should it be disturbing to existing or future neighboring uses. e. The property has sewer and water service available. f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community. g. The use would not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. h. Sufficient parking for the property and the proposed use must be provided. i. The development and uses will not result in the destruction, toss or damage of a natural or scenic feature of major importance. 16. That these findings of fact and conclusions of law have been prepared prior to hearing, based on the record and they may be amended after or as a result of the public hearing to be held on the matter. AM BROBE, FITZGERALD B CROOKSTON Attorneys and Counselore P.O. eor 6Z] MeriEien, ItlaNo &'1862 TeleD~one 8BB M81 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts -nd approves these Findings of Fact and Conclusions. ZOLL CALL: Commissioner Hepper Voted Commissioner Rountree Voted~_ Commissioner Shearer Voted Commissioner Alidjani Voted~_ Commissioner Johnson (Tie Breaker) Voted DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby ^ecommends to the City Council of the City of Meridian that they approve the annexation and zoning requested by the Applicant for the property described in the application, subject to the conditions stated herein and recommend approval of the :onditional uses upon the conditions set forth in the findings ~f fact and the conclusions of law. TION: APPROVED: DISAPPROVED: AM BROSE, FITZGERALD B CROOKSTON nttorneye are Counselor R.o. Bo. ezr Mer101en, IEeNo SJa] Telaptgne BBB~e/81