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1992 09-08 A G E N D A MERIDIAN PLANNING & ZONING SEPTII~ffiER 8, 1992 ITEM: 1: 2: 3: 4: 5: 6: 7: MINUTES OF THE PREVIOUS MEETING HELD AUGUST 11, 1992: (APPROVED) FINDINGS OF FACT & CONCLUSIONS ON REQUEST FOR CONDITIONAL USE PERMIT BY WAYNE & IZARIN FORREY: (APPROVED) FINDINGS OF FACT & CONCLUSIONS ON REQUEST FOR CONDITIONAL USE PERMIT BY NAHAS: (APPROVED) FINDINGS OF FACT & CONCLUSIONS ON REQUEST FOR CONDITIONAL USE PEI~IIT BY GARY FARNSWORTH: (APPROVED) FIIdDINGS OF FACT & CONCLUSIONS ON PROFOSID AMIIVDMIIVTS TO THE ZONING AND DEVELOPMENT ORDINANCE: (APPROVED) FII~IDINGS OF FACT & CONCLUSIONS ON ANNEXATION & ZONING REQUEST WITH PRELIMINARY PLAT, STRATE SUBDIVISION7: (APPROVED) PUBLIC HFARTNG: REQUEST FOR ANNEXATION & ZONING WITH PRELII~IINARX PLAT BY G.L. VOIGHT, FIELDSTREAM SUBDIVISION: (APPROVED) PUBLIC HEARING: PRNr.TMrrvr,Ry PLAT ~ USTICK MEADC7WS SUBDIVISION: (APPROVED W/CONDITIONS) MERIDIRN PLRNNING & ZONING SEPTEMBER B, 1992 The Regular Meeting of the Meridian Planning and Zoning Commission was called to order by Chairman Jim Johnson at 7:30 P. M. Members Present: Charlie Rountree, Jim Shearer, Tim Hepper, Moe Alidjani: Others Present: Roy Wilder, Don Bryan, Dennis Lind, Devin Brady, Gary Rlbright, Matt Butterfield, John Schafer, Tammy Schafer, Gary Hanners, Marla Hanners, Jason Barfuss, Wayne Crookston, Dan Torfin, Jim Markle, Gary Voight, Chris Findlay, Charles Fuentes, Dennis Lind: MINUTES OF THE PREVIOUS MEETING HELD AUGUST il, 1992: The Motion was made by Alidjani and seconded by Rountree to approve the minutes of the previous meeting held August 11, 1992 as written: Motion Carried: R11 Yea: ITEM #1: FINDINGS OF FRCT 8 CONCLUSIONS ON REOUEST FOR CONDITIONAL USE PERMIT BY WAYNE 8 KRREN FORREY: The Motion was made by Rountree and seconded by Shearer that the Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. Roll Call Vote: Hepper - Yea; Rountree - Yea; Shearer - Yea; Alidjani - Yea; Motion Carried: All Vea: The Motion was made by Rountree and seconded by Shearer that the Meridian Planning and Zoning Commission hereby 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 with the conditions set forth in the Findings of Fact and Conclusions of Law. Motion Carried: All Yea: ITEM #2: FINDINGS OF FACT & CONCLUSIONS ON REQUEST FDR CONDITIONAL USE PERMIT BY NAHRS: The Motion was made by Rlidjani and seconded by Shearer that the Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. • MERIDIAN PLANNING R ZONING SEPTEMBER 8, 1992 PAGE 2 i Roll Call Vote: Hepper - Yea; Rountree - Yea; Shearer - Yea; Alidjani - Yea; Motion Carried: All Yea: The Motion was made by Rountree and seconded by Shearer that the Mer-idian Planning and Zoning Commission hereby 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 with the conditions set forth in the Findings of Fact and Conclusions of Law. Motion Carried: All Yea: ITEM #i3: FINDINGS DF FACT AND CONCLUSIONS ON REQUEST FDR CDNDITIDNRL USE PERMIT BY GARY FARNSWDRTH: The Motion was made by Shearer and seconded by Rlidjani that the Meridian Planning and Zoning Commission her-ebv adopts and approves these Findings of Fact and Conclusions. Roll Call Vote: Hepper - Yea; Rountree - Yea; Shearer - Yea; Alidjani - Yea; Motion Carried: All Yea: The Motion was made by Shearer and seconded by Alidjani that the Meridian Planning and Zoning Commission hereby 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 with the conditions set forth in the Findings of Fact and Conclusions of Law. Motion Carried: All Yea: ITEM ii4: FINDINGS OF FACT 8 CONCLUSIONS ON PROPOSED AMENDMENTS TO THE ZONING AND DEVELDPMENT ORDINANCE: The Motion was made by Rountree and seconded by Hepper that the Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions of Law. Roll Call Vote: Hepper - Yea; Rountree - Yea; Shearer - Yea; Rlidjani - Yea; Motion Carried: All Yea: MERIDIAN PLANNING 8 ZONING SEPTEMBER 8, 1992 PAGE 3 The Motion was made by Rountree and seconded by Alidjani that the Meridian Planning and Zoninq Commission hereby recommends to the City Council that the Planning and Zoning Commission's proposed Rmendments to the Meridian Comprehensive Plan be approved and adopted. Motion Carried: R11 Yea: ITEM #5: FINDING OF FRCT 8 CONCLUSIONS ON ANNEXATION 8 ZONING REQUEST WITH PRELIMINARY PLAT, STRATE SUBDIVISION: The Motion was made by Hepper and seconded by Rountree that the Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. Roll Call Vote: Hepper - Yea; Rountree - Yea; Shearer - Yea; Rlidjani - Yea; Motion Carried: All Yea: The Motion was made by Hepper and seconded by Rountree that the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Rnnexation and Zoning requested by the Rpplicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law and that the Applicants be specifically required to t he all ditches, canals and waterways as a condition of annexation and that the Applicants meet all of the Ordinances of the City of Meridian, specifically including the development time requirements. Motion Carried: R11 Yea: ITEM #6: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING WITH PRELIMINARY PLAT BY G.L. VOIGHT, FIELDSTREAM SUBDIVISION: Johnson: I will open the Public Hearing at this time and invite the applicant or a representative to come forward. Jim Merkle, 2150 N. Canter Place, Eagle, was sworn by the attorney. MERIDIAN PLRNNING & ZONING SEPTEMBER 8, 1992 PAGE 4 Merkle: I am the Engineer for this project. This is a SS lot, single family residential subdivision on approximately 16 acres located off Ten Mile Road just south of Ustick Rd.. We are bordered on the north by Candlelight Subdivision. The street access will be off of Ten Mile Road by the southwest corner. R11 streets within the subdivision are public and will be constructed to RCHD Standards. The district has required a stub street to be provided to the south at some location. (Explained to Commission) Sewer service is existing and we will tie into that. The developer will either pr^ovide manies to the City for the well development fund or provide pressurized irrigation to each platted lot. The property right now is currently located within the 100 year flood plain by the Nine Mile Creek. There is an application by Candlelight to be removed from that flood plain because they are going to reconstruct the culvert under Ten Mile Road which will allow the flow to go through. We are currently working with them regarding this application. Storm water will be retained on site and will discharge into the drain somewhere along the north boundary. I'd be happy to answer any questions you might have. Ro~_intree: I see in the access pcint to the south there is a little cubical there. I assume it's a lot, it doesn't show it with a lot or a block number on it. What will that be? Merkle: There's an existing landowner that has an existing easement along the north and the east of this property that provides him access. The developer is working with him to r^esolve the access issue. (Explained further) Rountree: Where are you going to detain the storm water? Merkle: Explained on the map where water would be detained. Rountree: Have you seen the comments from RCHD? Mer4<le: Yes and we have no problem. Rlidjani: Have you seen the City Enq_ineer's comments? Merkle: Yes I have, no problem. We've talked with RCHD and they would rather not have two accesses so close together out of the s~_ibdivision. Hepper: Which side of the drain ditch is the easement road for maintenance? Merkle: On the north and east. .J MERIDIAN PLANNING & ZONING SEPTEMBER 8, 1992 PAGE 5 L Johnson: Would you address house size, lot size and price range? Merkle: Lot size is minimum of II, 000 but as far as the price I don'+, have that. Crookston: What kind of protection are you going to have frort the lots away from or protection from the Nine Mile Drain Merkle: I believe the City Ordinance is to fence along that drain and I think that's what the developer is planning to do. Crookston: Is Nine Mile dedicated or is that an easement? Merkle: It's an easement. Hopper: This shows a green strip along Ten Mile Road there is that a berm or landscaped area? Merkle: Yes. Johnson: Thank you. Could the developer come forward and be sworn? Gary Voight, 1277 E. 17th, Idaho Falls, Idaho, was sworn by the attorney. Johnson: I'd like to know the price range of homes and also square footage of homes. Voight: The price range of homes will be $100,000.00+ and minimum square footage will be 1350. Johnson: Thank you. Rnyone else to testify? No response. I will close the public hearing. The Motion was made by Shearer and seconded by Hepper that the Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. Roll Call Vote: Hepper - Yea; Rountree - Yea; Shearer - Yea; Alidjani - Yea; Motion Carried: All Yea: MERIDIAN PLANNING & ZONING SEPTEMBER II, 1992 PAGE r, The Motion was made by Shearer and seconded by Alidjani that the Meridian Planning and Zoning Commission hereby recommends to the City Co~;ncil of the City of Meridian that they approve the annexation and zoning as stated above in the Conclusions for the property described in the application with the conditions set forth in the Preliminary Findings of Fact and Conclusions of Law and that the Rpplicant be specifically required to the all ditches, canals and waterways as a condition of annexation and that the Rpplicant meet all of the Ordinances of the City of Meridian, specifically including the development time requirements and the conditions of these Preliminary Findings of Fact and Conclusions and that if the conditions are not met that the property be de-annexed. Motion Carr^ied: All Yea: The Motion was made by Rcuntr°ee and seconded by Shearer to recommend approval of the preliminary plat. Motion Carried: R11 Yea: ITEM ii7: PUBLIC HERRING: PRELIMINARY PLAT ON USTICK MEADOWS SUBDIVISION: Johnson: I will now open the Public Hearing. Is there anyone who wishes to testify? I will close the public hearing. We will go back to Item it6. I will now reopen the public hearing. Jim Merkle, 2150 N. Canter Place, Eagle, was sworn by the attorney. Merkle: This project is located on the south side of Ustick and laying east of the Nine Mile Creek on the north side of the existing Sunnybrook Farms Subdivision. It is approximately 240 single family residential lots on approximately 73 acres. The density would be about 3.3 units per acre. Explained some changes made per ACRD. There will be a var^iance request for the one long culdesac. (Further Explanation - see tape) The developer will either deposit monies to the City or provide pressure irrigation it has not been determined yet. Entire project is outside the flood plain. Explained walkways. Johnson: Who would maintain those walkways? Merkle: The homeowners. Johnson: Is that a berm area again on the north? • MERIDIgN PLRNNING d ZONING SEPTEMBER D, 1992 PgGE 7 Merkle: Yes. C~ Ro+_mtree: What's the time projection for Chateau to be complete to Teo Mile? Merkle: When the property to the west of the drain develops they will be req+.+ired to punch it out thre•,rgh at that time. We don't know right now. Rountree: Does it connect onto the east Merkle: Yes all the way to the east it connects out to Linder Road. Hepper: What's the minimum square footage for the homes? Merkle: That question I'll refer to the developer. Hepper: Nave you seen the comments from Settlers Ire^igation District? Merkle: Yes I have. Hepper: What do you propose to do about that? Merkle: We are going to have to work with Settlers to see if - obviously the developer has the choice of providing the well fund to the City or pressurized irrigation and we would try to meet with Settlers to either tr^ansfer the water rights if they will allow or provide pressure irrigation that the developer wants to. We are aware of it and we don't have an answer right now. Hepper: On that street to the south here, that loop, did gCHD say anything about possibly putting a stub street in there? Merkle: No. They decided not to require one there because we ae,e so close to Chateau. glidjani: Have you seen the City Engineer's comments Merkle: Yes No problem. 3ohnson: Thank you. gnyen.e else to testify? Chris Findlay, 300 Crestline, Soise, was sworn by the attorney. MERIDIAN PLANNING & ZONING SEPTEMBER E7, 1992 PAGE 3 Johnson: The question is about the square footage? Findlay: Between 1200 and 1300 sq. feet. Johnson: What would be a high end in terms of square footage? Findlay: Probably 260.0 sq. feet. Johnson: Thank you. Any other questions No response. Anyone else from the public to testify? Ray Wilder, 3340 N. Ten Miie Rd., was sworn by the attorney. Wilder: There is no way that they can use Settlers water to irrigate 246 or 29r3 houses because they only have the right to the water about 40 hours every ten days. It's a rotation ditch and the ditch comes back about a half a mile east of there and our water is all banded together on a rotation system. Voiced further concerns about water. Johnson: Thank you. Anyone else to testify? John Schafer, 520 Sunset, Nampa, was sworn by the attorney. Schafer; The concern that I have with the s~_ibdivision in comparison to other subdivisions developed in this area is about traffic patterns out of the subdivision onto Ustick Road. Johnson: Thank you. Anyone else to testify? Charles Fuentes, was sworn by the attorney. Fuentes: Owns a piece of property nearhy -- explained access was given in 1904 when Mr. William Carter- bought this property, this section line there was 20 feet traded to access Ustick Road so Mr. Carter could have access to this 40 acres. Explained further - see tape) Presented three sworn affidavits from long time residents of this area (Read one of the affidavits to Commission - see tape). Copies were made and submitted for the record. Discussion. (see tape) Johnson: Thank you. Anyone e]se to testify? Denr•is Lind, 242D W. Chateau, was sworn by the attorney. MERIDIAN PLANNING 8 ZONING SEPTEMF.ER b, 1992 PAOF_ 9 Lind: Voiced concerns about increased traffic. Also would like to see a park area fcr this subdivision. Jahnscn: Thank you. Anyone else to testify° No response. I will close the p•~~rblic hearing. What's the Cemmissior,'s pleasure? Discussicn. Johnson: I will re-open the public hearing so the Engineer can respond to some of the comments. Mer41e: We are in negotiation with Settlers about the water situation. Access onto Ustick as far as increasing traffic, Ustick is designated a major^ arterial by the Ada County Highway District. A collector road can t:andle up to two hundred lots. There are no provisions for any kind of a park but we will be addressing that in the near future. Findlay: We had offer Mr. Fuentes access onto his proper^ty and then we've also offered him access to Lct ~2 and he declined bath of those offers as far as giving him access down this back side. Fuentes: They did want to give me access that comes into the back of my home. The other comment I have, in talking with all my neighbors, they received a registered letter from the people and I did not receive any notice of this hearing. I'm just glad that I' m here. Cr^ookst on: Is your property within three hundred feet of the external boundaries of this property^ Disc~.assior.. Clerk Niemann: The School District looked at a site out there and they have no plans for- a school in that area. Johnson: Thank you. I will close the public hearing. Alidjani: Where do we stand with this on the easement? Crookston; If there's a conflict between the two property owners and then^e is a claim of an easement that is r.ot reccrded but the-re :___ a claim by Mr. Fuentes for the easement that needs to be asserted by him. Either by prescriptive rights or permission rights. He needs to establish that through a ce~_irt action. I ±hink however that the City needs to be concerned that nobodies access is cut off but it's not sufficient at this j!~ncture to MERIDIAN PLANNING 8 'ONING SEPTEMDER 6, :992 PRGE im stop the processing of the app]icatian. Johnson: I think we have an obligation to mention that in our oration. The Metier, wa<; made by Rountree and seconded by Shearer that the Meridian Planning and Zoning recommends approval to the City Council provided the conditions with respect to the Settlers Canal Irrigation, the access to the Fuentes property and a specific decision and ir.fermation provided to the City on a common area witho~_it resolution of these areas i would recommend we deny at this point. Motion Carried: R11 Yea: Clerk Niemann: The ACRD is having a rneetiny her^e at City Hall on Thursday at ?:00 P. M.: The Motion was made by Alidjani and seconded by Rountree to adjourn at 8:50 P. M.: Motion Carried: All Yea: fTRPE ON FILE OF THESE PROCEEDINGS) APPRGVED: J JOH , CHAIRMAN ATTEST: ~ _/ .. . BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION G.L. VOIGT ANNEXATION AND ZONING NORTHWEST 1/4, SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE-MERIDIAN, ADA COUNTY, IDAHO MERIDIAN, IDAHO PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having AM BROSE, FITZGERALD BCROOKSTON Attorneys Ntl Counselors P.O. Boz 1ZT Merltllan, ItlNo 83812 Tslepeons 888-4181 come on for consideration on September 8, 1992, 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 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 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for September 8, 1992, the ttrst publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the September 8, 1992, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 1 approximately 16.5 acres in size; it is in the northwest quarter, Section 2, Township 3 North, Range 1 West, Boise-Meridian, Ada County, Idaho. 3. That the property is presently zoned by the county as RT (Rural Transition) and the proposed use would be for R-4 Residential type development. 4. The general area surrounding the property is used agriculturally and residentially; that the residential property is zoned R-4, Residential. 5. That the property is adjacent and abutting to the present City limits. 6. The Applicant is not the owner of record of the property but the owner of record has requested the annexation and consented to the Application. 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 zoned R-4 Residential; that the present use of the property is for agriculture; that the applicant indicated that the intended AMeROSE, development of the property is for an R-4 type subdivision and in FITZG ERALD B CROOKSTON the letter accompanying the Application stated the density would Attorneys enC °o1nse1ora be approximately 3.32 dwelling units per acre. P.O. Bo~l27 °°"°tix:i°NO 10. That the property is in the CHERRY LANE Neighborhood as TNSplwne 888~ep1 FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 2 set forth in Policy Diagram in the Meridian Comprehensive 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. 11. 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 to maintain agricultural pursuits. 12. That Meridian has, and is, experiencing a population increase; 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 AMBROSE, FIRGERALD E OROOKSTON Attorneys ene COUnseloro P.O. Box X17 MarlElen,lMllo 83MII TelepKOne BBBM61 sewer. 14. Ada County Highway District, the Department of Health, the Nampa Meridian Irrigation District, Settlers Irrigation District, city Engineer, Bureau of Reclamation and City Fire Department may submit comments and such shall be incorporated herein as if set forth in full. 15. That the R-4, Residential District is described in the Zoning Ordinance, 11-2-408 B. 1 as follows: (R-4) LOW DENSITY RESIDENTIAL DISTRICT: The purpose of the (R-4) District is to permit the FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 3 -~~ • i establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan or the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non-residential uses. The (R-4) District allows for a maximum of four (4) dwellings units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian. 16. That the Applicant submitted an application for preliminary plat along with the application for annexation and zoning which application included a preliminary plat. 17. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission were given and followed. 18. That these Findings of Fact have been prepared prior to hearing and the Commission reserves the right to amend these Findings of Fact after the hearing is conducted. 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 AMBROSE, FIRGERALD 6 CROOKSTON pursuant to 50-222, Idaho Code, and Section 11-2-417 of the A1Coonselontl Revised and Compiled Ordinances of the City of Meridian; that Mxltlhhl, Itleho R'OBOxexT exercise of the City's annexation authority is a Legislative 83812 Telephone BBB1M1 FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 4 function. 3. That the Planning and Zoning Commission has judged this annexation and zoning application under Section 50-222, Idaho Code, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, the Meridian Comprehensive Plan, as amended, 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 complied 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 the consent of the owner 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. AMBROSE, 9, That the development of annexed land must meet and FITZG ERALO d CROOKSTON comply with the Ordinances of the City of Meridian and in Attomsys en0 COaO°°I°~° particular Section 11-9-616 which pertains to development time P.O. Box IZ] Msrla~~a.no schedules and requirements; that the Applicant will be required T°IePtpns lBBiMt FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 5 -- ~ • i to connect to Meridian water and sewer; that the property will be subject to Site Planning Review and the Subdivision and Development Ordinance. 10. That proper and adequate access to the property is available and will have to be maintained. 11. That since the Applicant's property is in the CHERRY LANE 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. 12. It is concluded that the development, with a density of 3.32 dwellings units per acre, is an R-4 type development and should be zoned in that fashion. 13. Therefore, based on the Application, these Preliminary 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 R-4; that the development of the property shall be at a density of not more than 4 dwelling units per acre; that any representations of Applicant's representative shall be a restriction on the development and all representations shall be met; that the conditions should be those stated above and upon issuance of final platting and other conditions to be explored at the City Council level; that such annexation would be nMeROSE, orderly development and reasonable if the conditions are met; that FITZG ERr1LD d CROOKSTON the property shall be subject to de-annexation if the R-4 density Attorneys en0 °ouoa°I°~' is exceeded and no dwellings other than single family dwellings R.O. ROZ 127 MerIE~Zaho shall be allowed and this restriction shall be noted on the plat TslsOhone BBB1~p1 FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 6 '' of the subdivision. 14. That all ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled the property shall be subject to de-annexation. 15. That any requirements from the Nampa Meridian and Settlers Irrigation Districts shall be met as well as any requirements of the Bureau Reclamation and the City Engineer. 16. With compliance of the conditions contained herein, the annexation and zoning or R-4, Residential, would be in the best interest of the City of Meridian. 17. That if the conditions of approval are not met the property shall be subject to de-annexation. 18. That these Conclusions have been prepared prior to hearing and the Commission reserves the right to amend these Conclusions after the hearing is conducted, gMSROSE, FITZG ERALD B CROOKSTON Attomaye ane C.OUnNloro F.G. BOR /27 Msrlolen, IONo 83MY Telapllone BB&1/Et FINDINGS OF FACT AND CONCI_IJSIONS OF LAW - PAGE 7 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Preliminary Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER VOTED COMMISSIONER ROUNTREE VOTED ~y COMMISSIONER SHEARER VOTED !~ - COMMISSIONER ALIDJANI VOTED(, G~ CHAIRMAN JOHNSON (TIE BREAKER) VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends AMBROSE, FITZG ERALD d CROOKSTON Attomeye en8 Counselors P.O. ~K t2T Merl8len, IBeNo &9812 Telephone BB&//6t to the City Council of the City of Meridian that they approve the annexation and zoning as stated above in the Conclusions for the property described in the application with the conditions set forth in the Preliminary Findings of Fact and Conclusions of Law and that the Applicant be specifically required to the all ditches, canals and waterways as a condition of annexation and that the Applicant meet all of the Ordinances of the City of Meridian, specifically including the development time requirements and the conditions of these Preliminary Finds and Conclusions and that if the conditions are not met that the property be de- annexed. MOTION: APPROVED• DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 8