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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) l-r~DiTi17 rrTr pL+r/l1Tl *~Qr ~m j% L 7 Dr D 'T'S!T Tn1z r\r~~cr ~.a u+v 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 • • r 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 AMBROSE, FITZGERgLD A CROOKSTON Atlorneya enA Couneelora P.O. Boz 127 MerlElen, IOelro 838x2 TeleDeone 8861161 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 AM BROSE, FITZGERALD B CROOKSTON Atlomsya Ntl rAUnaelon P.O. Boz a27 MMtl1an,10No 83NP Teleplrone BBB~N1 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