1992 03-10A G E N D A
MERIDIAN PLANNING & ZONING
MARCH 10, 1992
ITEM:
MINUTES OF THE PREVIOUS MEETING HELD FEBRUARY 11, 1992: (APPROVED)
1: PUBLIC HEARING: PRELIMINARY PLAT ON THE VINEYARDS SUBDIVISION: (APPROVED)
2: PUBLIC HEARING: ANNEXATION & ZONING REQUEST W/PRELIMINARY PLAT
BY MCBEE, INC: CANDLEL~HT SUBDIVISION: (APPROVED)
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T, INC. POSTPONED; HEARING CANCELLED:
4: PUBLIC HEARING: REQUEST FOR ANNEXATIOPd & ZONING, REZONE AND
PRELIMINARY PLAT SPORTSMAN POINTE SUBDIVISION: THE WESTPARK
COMPANY; (FINDINGS TO BE PREPARED)
5: DISCUSSION ON AMENDMENTS TO THE ZONING & DEVELOPMENT ORDINANCE
IN REGARDS TO CREATING ADDITIONAL RESIDENTIAL DENSITY ZONES,
AND ANY OTHER ITEMS THAT HAVE ARISEN: (DISCUSSION)
MERIDIAN PLANNING 8 ZONING MRRCH 10 1992
The Regular Meeting of the Meridian Planning and Zoning
Commission was called to order by Chairman Jim Johnson at 7:30
F'. M. :
Members Present: Jim Shearer, Charlie Rountree, Moe Alidjani,
Tim Hepper:
Others Present: Hob 8 Carol Waitley, Mary E. Moon, Shannon
Spencer, Larry Bertetto, Jay Edmunds, Nadene Edmunds, Chuck
Fuller, Norman Fuller, Sheri Deportee, Irene Deportee, E.N.
Deportee, Max Boesiger Sr., Renee' Atkinson, Ted & Terri Harper,
Bob Schuler, Robert H. Jones, Dean S. Croasdale, Wayne Crookston,
Ed Straun, Roy Harada, Danny Clerk, Paul Merrill, Greg Johnson,
Tony Alonso, Doug Hoy, Dale Ownby, Ray Wilder, Max Boesiger Jr.,
Chris Corte, Annette, Alonso, Craig Graves, Virginia Christensen,
Don Couch:
MINUTES OF THE PREVIOUS MEETING HELD FEBRURRY 11, 1992:
The Motion was made by Alidjani and seconded by Rountree to
approve the minutes of the previous meeting held February 11,
1992 as written:
Motion Carried: All Yea:
ITEM #il: PUBLIC HERRING: GRELIMINARY PLAT ON THE VINEYRRDS
SUBDIVISION:
Johnson: I will now open the Public Hearing. Is there someone
present who is representing the applicant.
Max Boesiger, Jr., 1399 E. Montery Drive, was sworn by the
attorney.
Boesiger: Since the last time we approached you on this
subdivision quite a bit has happened. Showed Commission a
picture of the protect. Explained spine road and the plan had
been revised, then realized the flood plain maps had an effect on
our property. It turns out that the diameter of the culvert that
runs under Cherry Lane there is sub-standard and it won't carry
a hundred year flood. So the simple solution to the problem is
to put in a bigger culvert. Rfter doing some further
modifications we were ready to submit the plan and then
discovered a 40 foot strip of property along the southerly border
that presently is being farmed but actually belongs to the Bureau
of Reclamation. They have no desire to maintain that strip of
land and therefore they are willing to give it to us to include
MERIDIAN PLANNING 8 ZONING
MARCH 10, 1992
PAGE 2
in this subdivision. There were quite a few changes and for that
reason the City Council felt that it might be best to come back
before Planning and Zoning again. Rs you can see we basically
did away with the spine road, it has the same number of entries
for ingress and egress as the old plan had, the major change in
this project is that we've changed the lots so that they have a
wider frontage and they are shallower lots. We have them priced
at 5130,000 compared to 8120,000 before. The density of the
project is about the same as it was before except we added that
40' strip to the south and it figured out to about ten additional
lots. I hope that you will recommend approval of this project
and I'd be glad to answer any questions.
Rountree: Have you seen the comments from the City Engineer and
ACHD?
Boesiger: Ves and I have no problems.
Rountree: Questioned setback from Cherry Lane.
Boesiger: R11 county really requires is 66 foot for the right of
way but then what we did over there is we made the property line
at 60 feet and gave a 7 foot additional road right of way.
Rountree: What about fencing the berm?
Boesiger: It will basically be about the same as what you see in
front of Crystal Springs Subdivision.
Rountree: You indicated in your testimony that you feel the
market in Meridian is for larger homes priced from 5120,000 -
8130,000 price range. I have some concerns about the overall
concept, one concern is that the project abuts Meridian School
District property, there's no accommodation for pedestrian
access.
Boesiger: We don't actually abut the School District's property,
that property is owned by the Bureau of Reclamation.
Rountree: So your going to have a roadway easement between you
and the school property.
Boesiger: (in-audible)
Hepper: It states in your application here that you have a
minimum house size of 1300 sq. feet (in-audible) what about your
covenants are they any different or are they the same?
Boesiger: Has not changed.
MERIDIAN PLANNING & ZONING
MARCH 10, 1992
PRGE 3
Hepper: What about your pressurized irrigation system?
Boesiger: We would prefer to go the route of the waiver.
Alidjani: You did say that that 40 ft. area that was available
to the Bureau of Reclamation to be handed out to your system to
be utilized for the building or not. I'm getting two messages,
one was the property line gets to that point and it quits and the
other way I heard that you said now you wish to utilize it.
Boesiger: Yes we haven't taken deed to that yet but it is in
the process. It will be utilized.
Johnson: Anyone else to testify? No response. I will close the
public hearing.
The Motion was made by Rountree and seconded by Shearer to
recommend approval to the Council for the preliminary plat on the
Vineyards Subdivision.
Motion Carried: All Yea:
ITEM #2: PUBLIC HERRING: ANNEXATION 8 ZONING REQUEST
W/PRELIMINARY PLAT BY MCBEE, INC: CANDLELIGHT SUBDIVISION:
Johnson: I will now open the public hearing. Is there a
representative of the applicant present to come forward?
Chris Corte, 499 Main, Boise, was sworn by the attorney.
Johnson: We have received a letter to be entered into the record
from L.D. Knapp, Trustee on behalf of Thelma M. Knapp and it's
basically in opposition to this project.
Corte: We have designed the project to meet Meridian's goals for
larger single family residential lots. The goal is also to
obtain the larger homes, price range from 8150,000 to 1200,000
there will be a minimum square footage of 1420 sq. ft. Presented
design of the praJect to the Commission. To meet the density
target with 116 lots in the project we had to create some lots
that are at 7,000 sq. feet in size, this is the only reason we
are requesting the R-8 zone to you. Explained plans for a berm
and landscaping. We understand that you wish to have an eighty
foot right of way on section line roads within the City of
Meridian, we believe that that is a sound planning principal but
the problem is we don't believe we should be responsible for the
entire cost for the building of that type of improvement on two
MERIDIAN PLANNING & ZONING
MARCH 10, 1992
PRGE 4
major streets. We are somewhat penalized because we are at a
corner. Those improvements are going to be used by the general
community as well as having to pay an impact fee to ACHD. We
want to work with the City of Meridian and the Highway District
to come up with a means to redo the 80 foot right of way but
still provide an economical feasible project. What we would like
to do is go ahead and build the street to a 66 foot right of way
standard, the four lane with the curb and then build the sidewalk
7 feet back from the edge of that curb with landscaping and grass
between the curb and that sidewalk. It would provide an
opportunity for the Highway District if in the future wishes to
widen that road the right of way will be available.
Clerk Niemann: That is right,
extra, just the 66 foot with
plat as an easement for future
works.
we don't require you to build that
that other 7 feet has to be on the
right of way, that's the way that
Corte: We would lithe to do
the construction stays to the
and then we come back in and
after the sidewalks are in.
zone, we have no problem with
our density target.
the deferred monumentation whereby
side and then we build the sidewalk
do the actual pins in the ground
Rgain the issue regarding the R-4
an R-4 zone as long as we can meet
Clerk Niemann: I have a question for the attorney. Is it
possible to zone those seven lots R-8 and the rest of it R-4?
Crookston: It's not often done. (in-audible)
Hepper: (in-audible)
Corte: I'm not real familiar other than walking the site and
looking at neighboring properties exactly what type of
subdivision has to be platted on there. We would like to not
extend the street from the standpoint of the concept for the type
of subdivision that we are developing, plus I would think that
you would want to try to encourage traffic to enter the street as
far away from the intersection of Ten Mile and Ustick as you
could.
Clerk Niemann: Well the plat isn't valid anymore anyway.
Hepper: Have you seen the comments from the City Engineer?
Corte: Yes.
Johnson: You've seen them but do you have any problem with them?
MERIDIAN PLANNING & ZONING
MRRCH 10, 1992
PAGE 5
Corte: I think that you explained the one that we had a concern
about. The concern was to construct a one half road section with
a forty foot right of way but Jack has indicated we can do the
landscape area and reserve that area and you would be happy with
that.
Rountree: What do you propose to do with the back lot lines on
the easterly edge?
Corte: That will be fenced.
Rountree: How about on the drainage?
Corte: That will be fenced as well.
Crookston: (in-audible)
Corte: In the research, the legal description as I recall is
just a centerline from the south side (in-audible) -
Johnson: Anyone else to testify on this issue?
Max Boesiger, Sr., 3710 (in-audible), was sworn by the attorney.
Boesiger: As you all know we have had Sunnybrook Farms platted
since 1977 which joins the eastern side of this Candlelight
Subdivision. We do have an access problem when we get to Cherry
Lane. We probably need an access off of Ten Mile. We need to be
able to stem the street out to Ten Mile. I was also curious as to
how you plan on getting water out there.
Corte: From Ten Mile.
Johnson: Anyone else to testify?
Bob Schuler, 478 Rntigua, was sworn by the attorney.
Schuler: This seems like a small house for that high of prices.
Is there going to be any additional square footage in the
covenants?
Clerk Niemann: That's the minimum, they can build as large as
they want.
Corte: The final draft of the covenants have not been prepared.
The quality of the house dictates the price.
MERIDIRN PLANNING & ZONING
MARCH 10, 1992
PAGE 6
Johnson: Anyone else to testify?
Ray Wilder, 3341 Ten Mile Rd., was sworn by the attorney.
Wilder: Stated there is a feed lot across the road, all I ask is
that when you sell a lot that you put on it that I was there
first.
Johnson: Anyone else? No response. I will close the public
hearing.
The Motion was made by Shearer and seconded by AlidJani to have
the attorney prepare Findings of Fact and Conclusions of Law.
Rountree: Can we have discussion about this R-8 rezone?
Discussion. (See tape)
Motion Carried: RI1 Yea:
The Motion was made by Rountree and seconded by Shearer to
recommend approval to the City Council for annexation and zoning
of R-4 Zone with specific zoning for those 7 lots to R-B, the lot
size if proposal deviates from that tonight that the annexation
will be reversed.
Motion Carried: All Yea:
ITEM #3: PUBLIC HEARING: REZONE W/PRELIMINARY PLAT FOR THE
LRNDING; SKYLINE DEVELOPMENT, INC. POSTPONED: HEARING CANCELLED:
Johnson: This Stem has been postponed because some of the
property owners were not notified in time to hear this request.
ITEM #4: PUBLIC HEARING: REQUEST FOR ANNEXRTION & ZONING,
REZONE RND PRELIMINARY PLAT SPORTSMAN POINTE SUBDIVISION: THE
WESTPRRK COMPANY:
Johnson: I will now open the public hearing. Is there a
representative present? No response. Is there anyone else who
would like to testify on this application?
Larry Bertetto, 655 E. Antigua, was sworn by the attorney.
MERIDIAN PLRNNING 8 ZONING
MARCH 10, 1992
PRGE 7
Bertetto: I represent approximately seventy five homeowners and
I have a list for the record. We are not in favor of any
annexation or zoning in our area. We are not in favor of any
changes from R-4 to R-B and we are not in favor of increasing the
density in this area. The 1300 sq. foot minimum would not
compare to 2200 square foot minimum which is on adjacent
property. We are concerned and we want to protect our property.
Smaller homes mixed with larger homes are not an asset. We are
not against growth or against annexation. We are for planned
growth and planned annexation. Further - see tape.
Johnson: There are a couple of things I should address here.
Number one, initially not everyone had been notified or had
signed a waiver that lived within the proximity of the project.
We now have collected waivers on all of those people with the
exception of one and that person does not reside within three
hundred feet and that's why we are going on with this hearing.
Secondly I need to make this known, there is a possibility that
what we are talking about here with regard to changing the zoning
would necessitate a Comprehensive Change Plan. We don't know
whether it will or not at this point. It is a rather lengthy
process and the Comprehensive Plan can only be changed every six
months. If the applicant is represented now we would appreciate
you coming forward at this time.
Greg Johnson, 5137 N. Leather Place, Boise, was sworn by the
attorney.
Johnson: I apologize for not being here earlier. The concerns
of the neighbors in Meridian Greens Subdivision, I understand
them and we've tried to minimize the impact on Meridian Greens by
putting 5100,000 to #150,000 homes next to them and planning
those lots contiguous to that subdivision with the R-4 zoning.
The overall plat has a density of less than 4 per acre. Meridian
Greens is a very nice subdivision and in our analysis of things
from a market standpoint not all subdivisions in that area can
compete in that same price range. We felt it was important to
provide a variety in the market place. We have another
subdivision which is Gem Park, that subdivision has a requirement
of 1300 sq. feet homes minimum, the smallest one in there is aver
1500 sq. feet, with most averaging 1600 to 1700 sq. feet. Out
along Overland where we've got high traffic areas and that we
wanted the flexibility to put some homes there along Overland.
In the section that abuts Meridian Greens we would limit those to
1500 square foot. Bigger is not always better. Quality homes
and landscaping is better. These homes will be on a little
MERIDIAN PLANNING & ZONING
MARCH 10, 1992
PAGE B
smaller lots but all people do not necessarily want huge lots.
We would rather pay a little less for the lot and put more house
on that lot. We are putting berms out on Dverland Road and
landscaping within the subdivision. The only thing that we are
asking for in the R-8 is to build below the 8,000 sq. ft.
minimum. We are staying below R-4 in density. I will answer any
questions.
Rountree: I have a question related to the R-8 zoning splits the
subdivision would have and in what velocity.
Clerk Niemann: We can't have a hearing on the plat because the
one person wasn't notified.
Johnson: Do you have a problem with that?
Crookston: No.
G. Johnson: Even though that does happen we've kept the lots up
against the Eight Mile Lateral and put those larger more
restrictive homes there.
Hepper: Is the zoning for this piece of property R-4 now?
G. Johnson: It is un-zoned agricultural ground next door to the
City.
Alidjani: Have you seen the City Engineer's comments and do you
have any problems with them?
G. Johnson: I haven't seen those.
Crookston: There is a portion of this property that is not
within the Urban Service Planning Area.
G. Johnson: That's correct and we have requested it be annexed
in.
Crookston: It does create a problem, the Urban Service Planning
Agreement was originally adopted from the Facility Plan. In 1984
the Urban Service Planning Area was legally defined in the
Comprehensive Plan and the boundary shown on the Policy Diagram.
In 1990 the Urban Service Planning Area was again amended and the
boundaries changed. R11 of the changes to the Urban Service
Planning above referenced were done as amendments to the
Comprehensive Plan. You may have to apply for a Comprehensive
Plan amendment and have to follow the procedure as outlined in
the Comprehensive Plan.
MERIDIAN PLRNNING & ZONING
MRRCH 10, 1992
PAGE 9
Johnson: Rnyone else to testify?
Doug Hoy, 1806 SE 5th Way, was sworn by the attorney.
Hoy: I moved to Meridian Greens from Boise and one of the major
reasons I moved there was because of the lot size. Concerns
about water pressure and smaller lots in the area.
Johnson: Rnyone else to testify?
Dale Dwnby, 1195 E. Overland, was sworn by the attorney.
Dwnby: I want all the people of Meridian Greens to realize that
a portion of this property (26 acres) which has over a thousand
feet of frontage on Meridian Greens and is adjoining their
property with an easement of Eight Mile Lateral has been zoned R-
4 since 1978. Rlso the Eight Mile Lateral with the width of it
is a natural barrier. Rs the developer said it is the intent to
have somewhere between 8100,000 and 5150,000 houses up against
that easement. I feel that the buffer between is adequate.
Rlidjani: What are you hoping for water? Rre you hoping for a
well out there somewhere?
Dwnby: There is a small part on the plat as I understand the
City Council has already taken steps to purchase property for a
new well.
Alidjani: How many feet is that easement or the buffer of the
ditch?
Dwnby: I would say it's probably like 100 feet.
Johnson: Rnyone else to testify?
Tony Rlonso, 1928 SE 5th Way, was sworn by the attorney.
Alonso: What is his interest in this site?
Johnson: He is associated with the Real Estate firm.
Clerk Niemann: He owns the 26 acres already zoned R-4.
Johnson: Anyone else to testify?
Bob Shiner, 420 E. Rntigua, was sworn by the attorney.
MERIDIAN PLANNING 8 ZONING
MARCH 10, 1992
PRGE 10
Shuler: I had two major concern. As they were talking about the
plat they said that the smallest lots were going to be on
Overland and going into the subdivision. From my experience,
what I found was that when you enter the subdivision you tend to
set the tone for the whale subdivision.
Johnson: Anyone else?
Annette Alonso, 1928 SE Sth Way, was sworn by the attorney.
Alonso: I have two questions. The lots that are already zoned
R-4 are they going to be rezoned R-8?
Clerk Niemann: No.
Alonso: The other thing is that I think that Meridian Greens has
set a precedence for that side of Overland Road. It does have
larger lots and larger houses. Our value is important.
Johnson: Thank you. I don't think anybody here would argue that
Meridian Greens is not a nice subdivision. Rnyone else from the
public?
Jay Edmunds, 1528 S. Teare Rve., was sworn by the attorney.
Edmunds: Basically my concern is getting another well, this is
have an impact on the well. Also the school that serves this
area is to capacity.
Discussion about schools. (See tape)
Craig Groves, 4105 N. Suntree Way, Boise, was sworn by the
attorney.
Groves: I might state that 1 am in the Real Estate Marketing
Business. Addressed the subject of schools in this area. In the
area of values and marketing, I know that a builder that goes out
and buys a lot for 519,000 probably the least expensive home they
are going to build on it is about 895,000. If the guy buys a lot
for 825,000 the least expensive house to be built on that would
be 8125,000. I think the real purpose for the rezone to R-8 is
not to devalue the properties out there. (Further explanation -
see tape)
Johnson: Anyone else to testify?
Virginia Christensen, 635 E. Rntigua, was sworn by the attorney.
MERIDIRN PLRNNING & ZONING
MARCH 10, 1992
PAGE it
Christensen: I lived in a smaller home like we are talking about
putting ~n here. When I decided to upgrade and move to a
different home. I looked around and my consensus as other people
who moved to Meridian Greens was that there were nice homes but
there was not the kind of home that I wanted in Boise. I
wouldn't even have considered living out in Meridian if it wasn't
for Meridian Greens. We've got an opportunity on this end of
Meridian to develop an area that will attract very nice, very
large, very expensive homes that will improve the Meridian area
and the type of people that it attracts. Explained water
pressure problems experienced in Meridian Greens.
Johnson: Anyone else to testify?
Dan Couch, 2280 S. Locust Grove, was sworn by the attorney.
Couch: Expressed concerns about a new well. Questioned if road
will be widened on Locust Grove, if a berm will be placed towards
Locust Grove.
Johnson: I would ask Greg at this time to address these
questions concerning Locust Grove Road.
Greg Johnson: We have proposed a 25 foot landscaping berm on
Dverland Road. The way that that is proposed, the lots along
Locust Grove that back up to Locust Grove, curb, gutter and
sidewalk would be put in. It isn't proposed at this time to have
landscaping. We are not objectionable to that although the Ada
County Highway District, Locust Grove is still maintain to be a
two lane road there. We will have a 20 foot buffer that can be
landscaped until Meridian City decides they want to use that
extra right of way that they require. The property directly to
the west of this piece that is currently zoned R-4, then there's
another piece of approximately 10 acres that is R-4 and then the
portion out on Overland is zoned R-8.
Johnson: Anyone else to testify?
Ed Straun, 620 Rntigua, was sworn by the attorney.
Straun: I am the Vice President of the Homeowners Association.
Could you tell me what happens next so that I can inform the
people who live out there.
Johnson: Explained the procedure following tonights hearing.
(See tape) Rnyone else to testify?
Sherry Departee, (in-audible), was sworn by the attorney.
MERIDIAN PLANNING & ZONING
MRRCH 10, 1992
PRGE 12
Deportee: I am the person that declined to sign the waiver
because I didn't get notice. I found out about this on Friday.
Expressed concerns about this project.
Johnson: Anyone else to testify?
Roy Harada, 871 E. St, Martin, was sworn by the attorney.
Harada: My biggest concern is the tract pattern and how the
development is handled. The first part of the protect is usually
done quite nice but it's the last half that they usually don't do
a good job on. If they don't do a good job then the people in
that subdivision suffer.
Johnson: Anyone else?
Danny Clark, 1603 SE 3rd, was sworn by the attorney.
Clark: I've heard a lot of talk about the size of the lots as
being a criteria. I would think that if they are really sincere
about the quality of home they are putting in instead of putting
the issue of eight per or four per, how about putting a minimum
square footage on the house up front instead of 1300 sq. feet let
it be 1800 sq. feet and then go from there.
Johnson: That would be a covenant problem. Explained zoning
concerning footage sizes. Anyone else to testify?
Larry Bertetto: Explained opinion on Council meetings attended
and that this group of people is here to make the Commission take
a hard look and save us all time and money in the future.
Johnson: Anyone else to testify?
Paul Merrill, 1699 (in-audible), was sworn by the attorney.
Merrill: I live in one of the subdivisions that Greg developed.
I wanted to address what this gentleman said about some
subdivisions fill up fast and the last few lots are just thrown
in. The Westpark Company and Greg Johnson represent nothing but
integrity. The project would be nothing but quality.
Johnson: Anyone else to testify? No response. I will now close
the public hearing.
The Motion was made by Rountree and seconded by Hepper to have
the attorney prepare Findings of Fact and Conclusions of Law for
zoning and annexation.
MERIDIRN PLRNNING & ZONING
MARCH 10, 1992
PAGE 13
Motion Carried: All Yea:
RTTEST:
ITEM #S: DISCUSSION ON AMENDMENTS TO THE ZONING & DEVELOPMENT
ORDINRNCE IN REGRRDS TO CRERTING RDDITIONRL RESIDENTIAL DENSITY
ZONES, AND ANY OTHER ITEMS THRT HRVE RRISEN:
Johnson: This is an informal discussion on amendments to the
Zoning and Development Ordinance. This is to decide whether we
want to create some additional zoning classifications, it might
be more restrictive or less restrictive, such as an R-3.
Clerk Niemann: Mentioned if we do adopt another zone and in our
comp. plan we have these areas that are residential reserve,
maybe we ought to actually put those zones in those different
residential reserve areas where we want then we wouldn't have
this problem with people coming in wanting to zone anything but.
If we designate it in the comp. plan that that had to be, it's
not only residential reserve but it had to be say an R-4 area
then we wouldn't have this problem of people coming in wanting to
change it to an R-8 unless they wanted to amend the comp. plan.
That's just an opinion.
Discussion. (See tape) - Decided to hold a workshop on Rpril 9,
1992 at 6:00 P. M., to discuss further amendments to Ordinances.
The Motion was made by Rountree and seconded by Shearer to
adjourn at 10:00 P. M.:
Motion Carried: R11 Yea:
(TAPE ON FILE OF THESE PROCEEDINGS)
RPPROVED:
/ ~~~
( JIB O, SON, CHAIRMAN
ii • •
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BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
McBEE, INC.
ANNEXATION AND ZONING
SOUTHEAST CORNER OF USTICK ROAD AND TEN MILE ROAD
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled annexation and zoning application having
come on for consideration on March 10, 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 Council having heard and
taken oral and written testimony and the Applicant not appearing
but appearing through Eric Korte, 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
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was published for two (2) consecutive weeks prior to the said
public hearing scheduled for March 10, 1992, the first publication
of which was fifteen (15) days prior to said hearing; that the
matter was duly considered at the March 10, 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
approximately 40.8 acres in size; it is in the southeast quadrant
~~
of the intersection of Ustick Road and Ten Mile Road.
3. That the property is presently zoned by the county AP-
2 (Agriculture) and the proposed use would be for R-4 Residential
type development but the Applicant has requested an R-S zoning so
that a few of the lots will not have to meet the R-4 street
frontage and lot size requirements.
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
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and zoned R-8 Residential; that the present use of the property
is for agriculture; that the applicant indicated that the intended
development of the property is for an R-4 type subdivision and in
the letter accompanying the Application stated the density would
be approximately 2.8 dwelling units per acre; that at the hearing
Applicant's representative state the density would be 3.2 dwelling
units per acre.
AMBROSE,
FITZG ERALD
E CROOKSTON
Attomeye end
Counselors
P.O. Boa et]
Mer101en, IEaKo
89MY
Tslepllone 88BJ,lt
10. There were property owners in the immediate area that
testified on the Application, one that owns a farm in the area
stating that he just wanted it on the record that his farm
operation was pre-existing, and one owner that wanted to address
access to his property; there also was an owner of property to the
east who filed a written objection.
11. That the property is in the CHERRY LANE Neighborhood as
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.
12. 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.
13. 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.
14. That the property can be serviced with City water and
sewer.
15. 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.
16. That the R-8, Residential District is described in the
Zoning Ordinance, 11-2-408 B. 1 as follows:
(R-8) LOW 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, 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.
17. 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 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.
AMBROSE,
FITZG ERALD
SCROOKSTON
Aflomeye entl
Counselors
P.O. sox 62]
Meritllan, Itlafto
8382
TaISDNOne BB&N81
18. That the Applicant's representative stated that the
homes would have a value of $150,000.00 to $200,000.00, that the
minimum house size would be 1,420 square feet, that the density
would be 3.2 dwelling units per acre and that the only reason for
the request for R-8 zoning was to get around the street frontage
requirements of the R-4 zone and that there was no problem with
an R-4 zone if the several 7,000 square foot lots were allowed.
19. That the Applicant submitted an application for
preliminary plat along with the application for annexation and
zoning which application included a preliminary plat.
20. That proper notice was given as required by law and all
procedures before the Planning and Zoning Commission were given
and followed.
CONCLUSIONS
AM BROSE,
FITZGERALD
d CROO KSTON
Attomeye end
Counealore
P.O. BoY eft
MM01en, leeno
exef
TalspMne SBB-/e61
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, and Section 11-2-417 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 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
AMBROSE,
FITZG ERALO
B CROOKSTON
Attomaye Antl
Counnelora
P.O. Box 12]
Marltllan, ItlaKo
B7B~2
Talavlwne eBBa~et
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 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.
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 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
2.8 or 3.2 dwellings units per acre, is an R-4 type development
and should be zoned in that fashion; that the reason that the
Applicant requested the R-8 zoning was so that a few smaller lots
could be allowed in the subdivision and so that the street
frontage requirements of the R-4 zone would not have to be met on
the cul-de-sac lots. That if the City Council will zone the
smaller lots and those lots that need a smaller street frontage
R-8, the Planning and Zoning Commission has no objection to that.
The Applicant could request a variance for those smaller lots and
those in need of having less street frontage, if the Applicant can
meet the requirements of a variance. It is concluded that if the
R-8 zone is adopted for the lots that need it, there should either
be a restriction on the plat or a deed restriction recorded that
indicates that the R-8 zone is only approved for Street frontage
and lot size and for no other reason.
13. Therefore, based on the Application, the testimony and
AMBROBE,
FITZG ERALD
S CROOKSTON
Atiwneye en0
Coonaalon
P.O. Boz z~7
MerlClen, IOMo
eaeez
Tslap~one BBB~ee1
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 R-4 with the
Applicant designating which land is to be zoned R-8 by meets and
bounds description and not by lot and block; that the development
of the property shall be at a density of not more than 4 dwelling
units per acre since that was represented to be 3.2 dwelling units
per acre; that the other representations of Applicant's
representative shall be a restriction on the development and all
representations shall be met, particularly including house size
and values; 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
orderly development and reasonable if the conditions are met; that
the property shall be subject to de-annexation if the R-4 density
is exceeded and no dwellings other than single family dwellings
shall be allowed and this restriction shall be noted on the plat
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 the requirements of the Nampa Meridian and Settlers
Irrigation Districts shall be met as well the 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 and some R-8 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.
AMBROSE,
FITZG ERALD
S CROOKSTON
Attomsye end
Counselors
P.O. BOS IZ]
MeriEian, IEefto
SBb/2
TelepKOne BS6eee1
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
COMMISSIONER ROUNTREE
COMMISSIONER SHEARER
COMMISSIONER ALIOJANI
CHAIRMAN JOHNSON (TIE BREAKER)
VOTED ',~i~
I .____
VOTED A's3S(: ~ 1
--~
VOTED ~ gSG"~~
VOTED ~~~Y
VOTED
DECISION AND RECOMMENDATION
The Meridian Planning and Zoning Commission hereby recommends
AMBROSE,
F1T2G ERALD
6 CROOKSTON
Allomeys and
Couneelore
P.O. Boa d2T
MerlOlan, Idaho
89BCR
TelaPNOne eBB-HEl
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 Findings of Fact and Conclusions of law and that the
Applicants 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 Finds and Conclusions and that if the conditions are not met
that the property be de-annexed.
MOTION:
APPROVEDr C'~--~' DISAPPROVED: ___
. i ~
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
THE WESTPARK COMPANY, INC.
ANNEXATION AND ZONING
NE 1/4 OF SECTION 19, T.3 N., R.1 E., B.M.
1195 EAST OVERLAND ROAD
MERIDIAN, IDANO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled annexation and zoning application having
AMBROSE,
FIT2GERALD
6 CROOKSTON
come on for consideration on March 10, 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 Council 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 March 10, 1992, the first publication
of which was fifteen (15) days prior to said hearing; that the
matter was duly considered at the March 10, 1992, 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 the property included in the application for
Allorneys enE
Counselors
P.O. BoK t2]
MsrlElan, IENo
eae~z
TabP~one Bee a~Bt
annexation and zoning is described in the application, and by this
reference is incorporated herein; that the property is
approximately 60.34 acres in size; it is in the southwest quadrant
of the intersection of Locust Grove Road and Overland Road.
3. That the property is presently zoned by the county RT
(Rural Transition); that the Applicant initially requested that
the property be zoned R-8 Residential but the Applicant has since
requested that the property be Zoned R-4 and stated that the use
proposed now would be for R-4 Residential.
4. The general area surrounding the property is used
agriculturally and residentially; that the residential property
is zoned R-4, Residential but is developed with approximately 2
to 3 dwelling units per acre.
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, Robert C. Waitley, has requested the
annexation and consented to the Application.
7. That the property included in the annexation and zoning
AMBROSE,
FITZG ERALD
B CROOKSTON
Attorneys and
Counaelora
P.O. Boa 62]
Meritlian, Itlaho
eaeax
Telephone BeBdd81
application is within the Area of Impact of the City of Meridian.
8. That the entire parcel of ground requested to be annexed
is not presently included within the Meridian Urban Service
Planning Area as the Urban Service Planning Area is defined in the
Meridian Comprehensive Plan.
9. As found above the Application requested that the parcel
be annexed and zoned R-8 Residential but the Applicant has since
requested zoning of R-4; in the subsequent request, the applicant
has indicated that the intended development of the property is for
an R-4 subdivision.
AMBROSE,
FITZGERALD
B CROOKSTON
Attorneys enE
Coonaelora
P.O. Box 42T
MeriClan, ItlMo
&7812
TelePlwne 88&N61
10. There were property owners in the immediate area that
testified objecting to the Application; the objections were based
on a feeling that R-8 development was not appropriate next to
Meridian Greens Subdivision, which is the subdivision to the West
which is developed at approximately two to three dwelling units
per acre, and those testifying objected that higher value
dwellings should be placed next to Meridian Greens; there was also
testimony that the schools in the area were overcrowded and
additional development was not warranted in light of the school
overcrowding.
11. That the property is in the MERIDIAN HILLS Neighborhood
as 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.
12. That property outside the Urban Service Planning Area
but within the Area of Impact may be annexed and developed but
only at densities allowed.
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 to maintain agricultural
pursuits.
14. 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.
15. That the property can be physically serviced with City
water and sewer but since it is outside the Urban Service Planning
Area the Urban Service Planning Area must be amended for the City
to legally provide water and sewer service and other urban
services.
16. 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.
17. That the R-4, Residential District is described in the
Zoning Ordinance, 11-2-408 B. 1 as follows:
(k-4) LOW DENSITY RESIDENTIAL DISTRICT: The
purpose of the (R-4) District is to permit
the 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.
AMBROSE,
FIRGERALD
b CROOKS~ON
Attorneys en0
Counssloro
P.O. BoK I2]
MerlElAn, IENo
ex~z
Talsplrone 886481
a density less than four units per acre; the ordinances of the
18. That the City has no zone which allows development at
City also require that land be zoned upon annexation.
19. That the Applicant stated that Applicant intends to have
a density of about 3.7 dwelling units per acre, to have no houses
adjacent to Meridian Greens Subdivision that were not at least
1,500 square feet in size and that the house values would not be
less than $100,000.00 to $150,000.00.; that the above statements
were made before that Applicant stated he wanted an R-4 zoning
rather than R-8.
20. That the Applicant submitted an application for
preliminary plat along with the application for annexation and
zoning which application included a preliminary plat.
21. 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
within 300 feet of the external boundaries of the Applicant's
property.
2. That the City of Meridian has authority to annex land
AMBROSE,
FITZGERALD
B CROOKSTON
Attomeye Antl
Coonoeloro
P.O. Box /Y]
Msrltllan, IEMo
B38IY
TaIBPNOna SBBMeI
pursuant to 50-222, Idaho Code, and Section 11-2-417 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,
AMBROSE,
FITZG ERALD
6 CROOKSTON
Attorneys an0
Counselors
P.O. Boa ~Z7
MenamR, laeno
Baez
Taleenone 88BJ.81
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.
9. That the development of annexed land must meet and
comply with the Ordinances of the City of Meridian; that before
the land can be annexed and zoned and before development can
occur, the Applicant will be required to request and receive an
amendment to the Urban Service Planning Area; if the City does not
amend the Urban Service Planning Area to include the land
requested to be annexed the land will not be able to be developed
since land outside the Urban Service Planning Area can only be
developed at a density of one dwelling unit per five acres and the
City has no such zone. If the Urban Service Planning Area is
AM BPOSE,
FITZGERALO
iCROOKSTON
Atlomeya end
Couneeloro
P.O. BOZ a~]
MsNCIen, IGMo
B3B12
Telsplwne SBB-aa61
amended the land may be annexed and zoned R-4, and the Applicant
shall be required 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 since the Applicant's property is in the MERIDIAN
HILLS NEIGHBORHOOD of the Comprehensive Plan, the annexation would
be in conformance with the Comprehensive Plan and but the
requested Zoning would not be since the land is not within the
Urban Service Planning Area and therefore does, at the present
time, conflict with the Rural Areas policies.
11. 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 could be annexed but the zoning, as
requested, shall have to be delayed. Land must be zoned at the
time of annexation but the zone requested would be in violation
of the Comprehensive Plan and therefore the land cannot be zoned.
If the Applicant does not consent to having the Application
postponed to determine whether the land will be included in the
Urban Service Planning Area, it is recommended that the
Application be denied.
If the land is ultimately included in the Urban Service
Planning Area, 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
orderly development and reasonable if the conditions are met; that
the property shall be subject to de-annexation if the R-4 density
is exceeded or if dwellings other than single family dwellings are
allowed and this restriction shall be noted on the plat of the
subdivision.
12. 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.
13. That the requirements of the irrigation districts and
Ada County Highway District shall be met as well the requirements
of the Bureau Reclamation and the City Engineer.
14. If the Urban Service Planning Area is amended and with
compliance of the conditions contained herein, the annexation and
zoning of R-4, Residential would be in the best interest of the
City of Meridian, however, the Applicant is encouraged to blend
in with the development of Meridian Greens Subdivision.
APPROVAL OF FINDINGS OF FACT AND CONCLIJSIONS
The Meridian Planning and Zoning Commission hereby adopts and
AMBROSE,
FITZG ERALD
6 CROOKSTON
Mlomsys en0
COUnseloro
P.O. Box 12]
MsrlClen, IGNo
&9M2
TaleDNOns BBBd,E1
approves these Findings of Fact and Conclusions.
ROLL CALL
COMMISSIONER HEPPER
COMMISSIONER ROUNTREE
COMMISSIONER SHEARER
COMMISSIONER ALIDJANI
CHAIRMAN JOHNSON (TIE BREAKER)
VOTED ~~~
VOTED /t R~C...Vi
VOTED /~ /~~~~'~/
VOTED (~'~
VOTED
e
DECISION AND RECOMMENDATION
The Meridian Planning and Zoning Commission hereby recommends
to the City Council of the City of Meridian that if the property
is included in the Urban Service Planning Area they approve the
annexation and zoning 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 and compliance with the
Ordinance of the City of Meridian; that the owner be requested to
allow the Application to be postponed until the Urban Service
Planning Area issue is resolved and if the consent is not given,
that the Application be denied.
MOTION:
APPROVED:~J ~ ~ DISAPPROVED:
AMBROSE,
FITZG ERALG
B CROO KSTON
Attorneys en0
Couneelon
P.O. eon ~Z7
MerlEbn, IEeeo
8]N2
Telwhone g9S.p6t