1989 08-08
A G E N D A
PLANNING & ZONING
AUGUST 8, 1989
ITEM #1. MINUTES OF PREVIOUS MEETING HELD JULY 11, 1989: (APPROVED)
#2. CONDITIONAL USE PERMIT: NESMITH & ROSS - TABLED AT JUNE
13, _1989 MEETING: (Application Withdrawn)
#3. PUBLIC HEARING: ANNEXATION & ZONING REQUEST W/PRELIMINARY
PLAT - INTERWEST FINANCIAL & STUCKER:(EINDINGS TO BE PREPARED)
#4. PUBLIC HEARING: PRELIMINARY PLAT - GOLF VIEW ESTATES #1:(APPROVED)
#5. REQUEST FOR VACATION OF FUTUR IDA SUBDIVISION BY SUNDANCE
PROPERTIES: (APPROVED)
MERIDIAN PLANNING & ZONING AUGUST 8, 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: Jim Johnson, Jim Shearer, Charles Rountree, Moe Alidjani, Tim Hepper:
Other Present: Helen Sharp, Dennis Marshall, Elliott Sheffield, Gerth Penrod, Bob Bodine,
Bobby Lemke, Dale Sharp, David Collins, Leon Blazer, Roger L. Anderson, Lee R. Stucker,
Gordon Wood, Maxine Monroe, Billie Jo Premoe, Dan Wood, Peggy Wood, Gary Smith, Wayne
Crookston, Sumner Johnson, Don Bryan,
The Motion was made by Alidjani and seconded by Rountree to approve the Minutes of the
previous meeting held July 11, 1989 as written:
Motion Carried: All Yea:
Item #2: CONDITIONAL USE PERMIT: NESMITH & ROSS - TABLED AT JUNE 13, 1989 MEETING:
Johnson: We do have a letter in file that this application for Conditional Use Permit
has been withdrawn.
Item #3: PUBLIC HEARING: ANNEXATION & ZONING REQUEST W/PRELIMINARY PLAT - INTERWEST
FINANCIAL & STUCKER:
Johnson: Is there a representative from Interwest & Stucker here tonight, if so please
come forward. State your name & address and be sworn by the Attorney.
Leon Blazer, 3785 Twilight Drive, Boise, was sworn by the Attorney.
Blazer: We'd like to take this 56 acre parcel of ground and develop it into residential
housing over approximately a three year period in phase developments.
Rountree: Do you propose to be consistent with the Nampa-Meridian Irrigation Comments?
Blazer: Yes, There will be a slight realignment of the road?
Hepper: It shows here that there is 56.62 acres with a lots per acre 3.96, what's the
particular reason that you are asking for an R-8 zone rather than an R-4?
Engineer Collins: Because of the figuration of the lots needed to get the frontage.
Hepper: If we did accept this and change it to that zone could we put an amendment on
there that says no duplexes or multiple family housing be allowed.
Blazer: Sure that's fine.
Johnson: With respect to the recocrnnendations made by the City Engineer concerning access,
what you did didn't exactly followthe recommendations but certainly a improvement from
what you had before. Being no further questions from the Commission I will now open
the Public Hearing. Is there anyone from the public who would like to address this issue,
please step forward and be sworn.
MERIDIAN PLANNING & ZONING • •
AUGUST 8, 1989
PAGE #2
Helen Sharp, 2445 Wingate Lane, was sworn by the Attorney.
Sharp: My understanding is that any subdivision has to have two accesses in and out.
Where will these entrances and exits be? I am also concerned about the water table.
Johnson: It's not a spot annex, there is no break between this property and the City
property.
Sharp: I am very opposed to the zone change but especially a zone change that would
be so many houses per acre.
Dan Wood, 628 Mondale Drive, Meridian, was sworn by the Attorney.
wood: Are they going to require this subidivision hold back part of this ground for
road. How about house size?
City Clerk Niemann: It would have to be at least according to what the City Ordinances
say.
Wood: What would the City like to see as far as price range.
Alidjani: What we have is a minimum square footage. What~the square footage that we
have minimum and how many lots.
Clerk Niemann: Explained costs and square footages.
Wood: It would be nice to see Meridian encourage some higher price homes.
Don Bryan, 2070 N. Locust Grove, was sworn by the Attorney.
Bryan: I an next door to the proposed subdivision and I am here to voice my opposition
against it because we don't need the excess traffic and I also question the two entrances
in a subdivision of that size, I think there should be another way in somewhere behind
the back.
Dale Sharp, 2445 Wingate Lane, was sworn by the Attorney.
Sharp: Had a question as to where N. Locust Grove is on the Map. We are right on the
Ditchrider Road. My questin is, what are they going to do with that ditchrider road,
are they going to put a gate there so that those people do not come down that ditch-
rider road, because they are coming accross my property, I don't like that at all.
I am certainly opposed to something like this.
Gordon Wood, 2200 Dixie Lane, was sworn by the Attorney.
Wood: I didn't understand about Dixie Lane and I don't think other people do either.
This Lane is maintained mainly by myself and Mr. Monroe, if this went through other
people would be using this as their alley. I also heard that Dixie Lane was also
going to run East and I don't understand that. Until I understand these things, I would
be against this, I want this explained to me.
Johnson: We are working without benefit of the ACHD comments. right now, this is a first
step in what's going to be a long process.
PLANNING & ZONING
AUGUST 8, 1989
PAGE /13
Does anybody else have any comments?
David Collins, 2004 N. Atlantic, Boise, was sworn by the Attorney.
Collins: I had a preliminary meeting with the staff at ACHD, two of the points
discussed there were the alignment of Chateau rather than taking it directly east
we are taking it up through north over against the five acre parcels, we looked
at just taking it North of the two that are on Dixie Lane there so that in the
future as land developed those residents could be left in place. The highway
district indicated to me that the actual official, and I didn't get any indication
from them whether it was public or a private street, they referred to it as lane.and
My understanding is that term is used for private streets exclusively, in other words
they would not own the right ofway. There is three accesses on the map also.
Shearer: I've got a real problem here. We are requesting zoning for an R-8 and as I
understand it that's a multiple family.
Clerk Niemann: No its not. It only allows duplexes.
Hepper: Do you have any indication of the square footage of the houses? We also
have the question about the ditchrider road.
Collins: We are in contact with Nampa-Meridian, I've talked two a couple of gentleman
there today, I am meeting with the ditch rider on this lateral that goes through there.
Hepper: Then on the R-8 zoning the reason for that was because of the lot size.
Collins: It wasn't the area it was the frontage requirement.
Alidjani: Do I understand you correctly that there will be a few one way and a few
the other way?
Collins: On this collector, no sir they will all face off, there will be no fronting
lots on the Collector Road at all.
Steve Hosac, 1802 N. 31st, Boise was sworn by the Attorney.
Hosac: I am here to represent my parents Chuck & Lorraine Hosac who own the. ten (10)
acres on the south border of this project. The first thing I would like to point out
is that we are in support of this project. Our only concern is how this project may
affect the future development of my parents project whichhas already been approved
by the City. The annexation has been finalized but was a zoning classification given,
I guess it's R-8. We would make a request with this project that they are required
to extend their trunk line utilities all the way along their Locust Grove frontage
so that we don't in the future have to start digging up a newly widdened street.
We show on our preliminary map a road subbing to the north about the midway point,
I understand that on the new map they have shown a road stubbing to the south.
I do feel that there needs to be a north south connection somewhere and if Dixie Lane
turns out to be the north south street I might point out that on their project that
wil create double frontage situation along there easterly boundary.What I would like to
suggest if Mr. Blazer & the Engineer is willing and if Planning & Zoning Commission
Members are willing to set up an informal work session with the ACHD people & a
representative or two from the Planning & Zoning Commission and my parents and myself
and sit down with those folks and decide some of these road issues.
MERIDIAN PLANNING & ZONING • •
AUGUST 8, 1989
PAGE 114
Maxine Monroe, 2170 Dixie Lane, was sworn by the Attorney.
Monroe: There was a question as to whether or not Dixie Lane went all the way to the
end of the property and I do have some papers here that prove that it does go all the
way, there is an exclusion off of the front of our property which is just before the
Wood property. I don't know that it is dedicated but it is excluded from our property.
There is also a question about a ditch that runs along Dixie Lane, it would be on the
south side of this project, would that be covered.
Alidjani: We do not know if it would be covered.
Billie Jo Premoe, 3045 Wingate Lane, was sworn by the Attorney.
Premoe: I would like to go on record as opposed to this project. We feel that anything
moving in is an encroachment and we feel that a subdivision this large will sometime
in the future cause them to feel that they need to use our private lane as a public
access.
Johnson: Anyone else wishing to testify? Being there no response the Public Hearing
is closed. What we do is make a recommendation to the City Council based on the
legality of the Ordinances. We have no authority to approve or disapprove, we just
make a recommendation to the City Council.
Engineer Smith: All of the ditches that are under control of the irrigation district
will have to be taken care of and of course if they are required.
There was further discussion. The City Attorney advised the Commission that the Preliminary
Findings of Fact be revised to reflect the testimony that was received at this hearing.
The Motion was made by Rountree and seconded by Shearer to have the City Attorney
revise the Preliminary Findings.
Motion Carried: All Yea:
Item #4: PUBLIC HEARING: PRELIMINARY PLAT - GOLF VIEW ESTATES #1:
Sumner Johnson, JUB Engineers, was sworn by the Attorney.
Johnson: Explained the project. They have no problems with any of the comments received.
Met with ACHD and resolved any problems they had.
Johnson: I will now open the Public Hearing, is there anyone who wishes to testify.
Being no response 2 will close the Public Hearing.
The Motion was made by Hepper and seconded by Shearer to approve the Preliminary Plat of
Golf Estate #1.
Motion Carried: All Yea:
MERIDIAN PLANNING & ZONING
AUGUST 8, 1989
PAGE #5
ITEM #5: REQUEST FOR VACATION OF FUTUR IDA SUBDIVISION BY SUNDANCE PROPERTIES:
Roger Anderson from Sundance Properties.
Anderson: Explained the project. Wants a vacation for Lots 3&4 of Futuna Ida Sub-
division to accomodate Freidman Bag Co.
Hepper: The application wasn't supposed to be submitted until 15 days after
it was received.
Attorney Crookston: Advised this could be handled as a Variance through the City Council.
The Motion was made by Rountree and seconded by Alidjani to approve this vacation.
Motion Carried: All Yea:
Being no further business to come before the Commission the Motion was made by Hepper
and seconded by Alidjani to adjourn at 8:45 P.M.:
(TAPE ON FILE)
APPROVED:
J N, CHAI
ATTEST:
J NIEMANtd/ CITY CLERK
pc: Mayor & Council
P & Z Members,
Atty, Eng., Fire, Police,
Stuart, Ward, Gass, Hallett,
Valley News, Statesman,
Stutzman, ACHD, NIMD, CDH,
SID, ACC
MAIL (3)
FILE (3)
r~. a •
i ~
~~1
~ ~~~~ ~
.~ - ~~~
~~~~~~ ~
s~ ,ter
l~~
_ ~~~
~~~ Q ~
r
•
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
INTERWEST FINANCIAL AND LEE AND LEONARD STUCKER
ANNEXATION AND ZONING
1/2 MILE NORTH OF FAIRVIEW AND EAST OF LOCUST GROVE
MERIDIAN, IDAHO
AMENDED
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled annexation and zoning application having
come on for consideration on August 8, 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 and
AM BROSE,
FITZGERALD
B CROOKSTON
Attomaya and
Counaelora
P.O. Box 127
Meridian, Idaho
83812
TelepNOns 88BJ181
zoning was published for two (2) consecutive weeks prior to the
said public hearing scheduled for August 8, 1989, the first
publication of which was fifteen (153 days prior to said
hearing; that the matter was duly considered at the August 8,
1989 hearing; that the public was given full opportunity to
express comments and submit evidence; and that copies of all
4
notices were made available to newspaper, radio and television
stations;
2. That the property included in the application for
annexation and zoning is described in the application, and by
this reference is incorporated herein; that the property is
approximately 58 acres in size; it is approximately 1/2 mile
north of Fairview Avenue on the east side of Locust Grove Road.
3. That the property is presently zoned by the county AP-
1 (Agriculture) and the proposed use would be for R-4
Residential use even though the zoning requested is R-8. That
R-8 zoning is requested because many of the lots do not meet the
minimum 70 feet of street frontage required in the R-4 zone, but
do meet the other requirements for R-4 Residential zoning.
4. The general area surrounding the property is used
agriculturally with some residences; that the residential
property is largely lots of an acre or greater in size.
5. That the property is adjacent and abutting to the
present City limits.
6. The Applicant's Lee Stucker and Leonard Stucker are
the owners of the property.
7. That the property included in the annexation and
AMBRO6E,
FITZGERALD
E CROOKSTON
Atlorney8 antl
COUnNl0r9
P.O. BOx OZ]
Marltlian, Itlafto
83612
Telephone BBBNBt
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 zoned R-S Residential; that the present use of the
property is for agriculture; that the applicant indicated that
the intended development of the property is for a subdivision
for which a R-8 Residential zoning is required; however the
Applicant testified that the objections pertained to the
development of the property at a greater density than is
currently in existence in the surrounding area, to possible
interference with surface irrigation and water rights, use of
irrigation easements for possible access, and to a possible
change in life style for the current adjacent property owners.
10. That if the land were annexed at this time the City
would be obligated to provide, at a minimum, police and fire
protection services.
11. That there was testimony from the public objecting to
the Application.
12. That the property is in the North Curve Neighborhood
as set forth in Policy Diagram in the Meridian Comprehensive
AMBROSE,
FITZG ERALD
d CROONSTON
Allorneya en8
Counselor
R.O. BOR an
McBGlan, lBNo
83812
Telaplwns B8&M81
Plan; that under Housing Development on page 25 and 26 of the
Comprehensive Plan property inside the Urban Service Planning
Area may be developed at greater densities than one dwelling
unit per acre and it is the policy that a density of greater
than 1 dwelling unit per 5 acres may not be exceeded outside of
the Urban Service Planning Area.
13. That in the Rural Area section of the Comprehensive
Plan it does state that land in agricultural activity should so
remain in agricultural activity until it is no longer economical
to exclude orderly growth and development for agricultural
pursuits.
14. 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; that a
residential subdivision has previously been annexed and zoned
which abuts the Applicant's property on the south.
15. That the property can be serviced with City water and
sewer.
16. Ada County Highway District and the Department of
Health may submit comments and such shall be incorporated herein
AMRROSE,
FITZG ERALO
B CROONSTON
Attomeye end
Cpunselwe
P.O. Bo. I37
MerlElan, IAA~o
83M2
Tsllplwns 888-NB1
as if set forth in full.
17. That the City Engineer may submit comments and such
shall be incorporated herein as if set forth in full.
18. That the R-8 Residential District is described in the
Zoninq Ordinance, 11-2-408 B. 2 as follows:
(R-8) MEDIUM DENSITY RESIDENTIAL DISTRICT:
The purpose of the (R-8) District is to
permit the establishment of single and two
(2) family dwellings at a density not
exceeding eight (8) dwelling units per acre.
This district delineates those areas where
such development has or is likely to occur
in accord with the Comprehensive Plan of the
City of Meridian and is also designed to
permit the conversion of large homes into
two (2) family dwellings in well-established
neighborhoods of comparable land use.
Connection to the Municipal Water and Sewer
systems of the City of Meridian is required.
That the Applicant stated development would be at four (4)
dwelling units per acre regardless of the zoning.
19. That proper notice was given as required by law and
all procedures before the Planning and Zoning Commission were
given and followed.
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
AMRROSE,
FITZGERALD
B CROOKSTON
Attorneys and
C.OUnMIOre
P.O. lloz ~2]
Meddlsn, IdMro
eJ6~2
Telephone BBB~e91
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 contained in Section
50-222; Title 67, Chapter 65, Idaho Code, the Meridian City
Ordinances, Meridian Comprehensive Plan as amended February 19,
1965, 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 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
AM BROSE,
FITZGERALD
&CROOKSTON
Atlomeye enE
CounNloro
p.o. Bo: azT
Meripian, ICMo
83B~t
TalepNwb SSB M81
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
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.
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 North
Curve 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.
AMBR08E,
FITZG ERALD
B CROOKSTON
Allomays and
Counaelora
P.O. Boa ~1]
Merltllan, Idaho
83802
Tebplwne 888~~81
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
that Applicant's property should be annexed and zoned as
requested; that the development of the property, even though
zoned R-8, should be at a density of not greater than four (4)
dwelling units per acre; that the conditions should be those
stated above and upon issuances 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.
AMBROSE,
FITZG ERALD
S CROONSTON
Attorneys and
Counaelora
P.O. Box 127
Mer181an, IMAo
83812
Talep1aM 8881181
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~Cbt
Commissioner Rountree Voted
Commissioner Shearer Voted~~
Commissioner Alidjani Voted~~
Commissioner Johnson (Tie Breaker) Voted
DECISION AND RECOMMENDATION
The Meridian Planning and Zoning Commission hereby
recommends to the City Council of the City of Meridian that they
approve the annexation and zoning R-8 Residential requested by
the Applicant for the property described in the application,
subject to the conditions stated herein.
MOTION:
APPROVED:~_ DISAPPROVED:
AMBROSE,
FITZGERALD
fl CROOKSTON
Anorn•ye entl
Counseiore
V.O. Boz 027
Merltllen, ItlMo
83M2
TelpfloM BBS~/81