1991 01-14z ~ . •
•
A G E N D A
MERIDIAN PLANNING & ZONING
JAN[TARY 14, 1992
MINUITS OF THE PREVIOUS MEETING HELD DECEM6ER 10, 1991: (APPROVED)
1: FII~IDINGS OF FACT ON REZONE REQUESTBY CHURCH OF CHRIST & WARRIOR ENTI'RPRISES:(APPROVED)
2: FII~IDINGS OF FACT ODT ANNEXATION & ZONING REQUEST BY BRENT BARRUS: (APPROVED)
3: FIIVDINGS OF FACT ON REZONE REQUEST W/PRELIMINARY PLAT BY MERIDIAN PLACE LTS
& PROPERTIES WEST: (APPROVED)
4: FII~IDINGS OF FACT ON ANNE}CITION & ZONING REQUEST W/PRFT.TMTNARV PLAT BY
PETERSON & CAPITAL DEVEI,DPMENT: (APPROVED)
5: PUBLIC HEARING: PRELIMNARY & FINAL PLAT FOR SUNSHINE ADDITION: DIANE STANLEY: (APPROVED)
6: PUBLIC HEARING: PREL.II~.RY PLAT FOR WHITETAIL SUBDIVISION, R.A. ASSOCIATES:;(APPROVED)
7: PUBLIC HEARING: PRELIlHINARY PLAT ON BEPf~TAVIN SUBDIVISION: STUC[~R &
INPERWEST DEVECpPMENT: (APPROVED)
8: PUBLIC HEARING: REZONE REQUEST W/CONDITIONAL USE PERMIT FOR PUD, HUNTERS GLENN,
7.arunFgON & LEAVELL: (APPROVED)
9: DISCUSSION ON CHANGING THE AREA OF IMPACT:
i
MERIDIAN PLANNING 8 ZONING_ JRNUARY 14 1992
The Regular Meeting of the Meridian Planning and Zoning
Commission was called to order by Chairman Jim Johnson at 7:30
p. m. .
Members Present: Charlie Rountree, Tim Hepper, Jim Shearer:
Member Absent: Moe Alidjani:
Others Present: Guy L. Walker, Pat Fugii, Rich Allison, Lavern
Ling, Don Bryon, David Collins, Rory Jones, Sharla & Mike
Farrell, Carl & Doris Stucker, Tom & Betty Eddy, Dale Newberry,
Steve Moore, Ken Shelton, John Calhoun, Wayne Crookston, Pat
Tealy, Lynd Hoover, Robert Donovan, Alloy Schlekeway, Donald
Dunn, Tony Bennett:
MINUTES OF THE PREVIOUS MEETING HELD DECEMBER 10, 1991:
The Motion was made by Rountree and seconded by Shearer to
approve the minutes of the previous meeting as written:
Motion Carried: All Yea:
ITEM #1: FINDINGS OF FRCT DN REZONE REQUEST BY CHURCH OF CHRIST
& WARRIOR ENTERPRISES:
The Motion was made by Rountree and seconded by Shearer that the
Meridian Planning and Zoning Commission hereby adopts and
approves these Findings of Fact and Conclusions.
Roll Call Vote: Hepper - Yea; Rountree - Yea; Shearer - Yea;
Rlidjani - Absent:
Motion Carried: All Yea:
The Motion was made by Rountree and seconded by Hepper that the
Meridian Planning and Zoning Commission hereby recommends to the
City Council of the City of Meridian that they approve the Rezone
request by the Applicant for the property described in the
application with the conditions set forth in the Findings of Fact
and Conclusions of Law.
Motion Carried: All Yea:
ITEM #2: FINDINGS OF FACT ON ANNEXATION & ZONING REQUEST BY
BRENT BARRUS:
The Motion was made by Hepper and seconded by Rountree that the
Meridian Planning and Zoning Commission hereby adopts and
approves these Findings of Fact and Conclusions.
Roll Call Vote: Hepper - Yea; Rountree - Yea; Shearer -
Yea;Rlidjani - Absent:
MERIDIAN PLANNING & ZONING
JANUARY 14, 1992
PAGE 2
The Motion was made by Hepper and seconded by Rountree that the
Meridian Planning and Zoning Commission hereby recommends to the
City Council of the City of Meridian that they approve the
annexation and zoning request by the Rpplicant for the property
described in the application with the conditions set forth in the
Findings of Fact and Conclusions of Law and that the Applicants
be specifically required to t he all ditches, canals and
waterways as a condition of annexation and that the Rpplicants
meet all of the Ordinances of the City of Meridian, specifically
including the development time requirements.
Motion Carried: All Yea:
ITEM #3: FINDINGS OF FACT ON REZONE REQUEST W/PRELIMINRRY PLAT
BY MERIDIAN PLACE & PROPERTIES WEST:
Johnson: Any discussion on this?
Hepper: As I remember during our last discussion it was
established that the minimum house size would be 1400 sq. ft. and
I don't see where that is reflected in the Findings of Facts.
Discussion. (TAPE ON FILE)
Hepper: I also have a question about the frontage on the lots.
Okay I don't have a question.
The Motion was made by Rountree and seconded by Hepper to amend
by adding an additional condition to the Findings and Facts, that
the minimum square footage as specified in testimony to be 1400
sq. feet.
Motion Carried: 3 - Yea; 1 - Nea:
The Motion was made by Rountree and seconded by Shearer that the
Meridian Planning and Zoning Commission hereby adopts and
approves these Findings of Fact and Conclusions as amended.
Roll Call Vote: Hepper - Yea;
Rlidjani - Rbsent:
Rountree - Yea; Shearer - Yea;
Motion Carried: All Yea:
•
MERIDIRN PLANNING & ZONING
JANUARY 14, 1992
PAGE 3
C~
The Motion was made by Rountree and seconded by Shearer that the
Meridian Planning & Zoning Commission hereby recommends to the
City Council of the City of Meridian that they approve the Rezone
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 that the property be required to meet
the water and sewer requirements, Fire Department requirements,
Sewer Department requirements, the Nampa Meridian Irrigation
requirements, and the other Ordinances of the City of Meridian.
Motion Carried: R11 Yea:
The Motion was made by Rountree and
recommend to the City Council appro
for the applicant's request with
conditions set forth in the Findings
Law are included in the preliminary
and Properties West.
seconded by Shearer that we
val of the preliminary plat
the amendment that those
and Facts and Conclusions of
plat for Meridian Place LTS
Motion Carried: All Yea:
ITEM #4: FINDINGS OF FACT ON ANNEXATION AND ZONING REQUEST
W/PRELIMINARY PLAT BY PETERSON & CAPITAL DEVELOPMENT:
Johnson: Any discussion?
Shearer: On the plat for this project, in the neighboring plat
we required a road leading into this plat and we don't have a
road at this time and I think we need to continue that road out
of the Meridian Manor.
Discussion (Tape on file) -
The Motion was made by Shearer and seconded by Rountree that the
Meridian Planning and Zoning Commission hereby adopts and
approves these Findings of Fact and Conclusions.
Roll Call Vote: Hepper - Yea; Rountree - Yea; Shearer - Yea;
Alidjani - Absent:
Motion Carried: All Yea:
MERIDIAN PLANNING & ZONING
JANURRY 14, 1992
PAGE 4
The Motion was made by Shearer and seconded by Rountree that the
Meridian Planning & Zoning Commission hereby recommends to the
City Council of the City of Meridian that they approve the
Rnnexation and zoning request 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 that the Rpplicants
be specifically required to t he all ditches, canals and
waterways as a condition of annexation and that the applicants
meet all of the Ordinances of the City of Meridian, specifically
including the development time requirements.
Motion Carried: R11 Yea:
The Motion was made by Shearer and seconded by Rountree approve
the preliminary plat and to require the applicant to provide a
paved connector to Meridian Manor between lots 25 & 26 it be
worked out with the City Engineer.
Motion Carried: R11 Yea:
ITEM #5: PUBLIC HERRING: PRELIMINRRY PLRT & FINRL PLAT FOR
SUNSHINE ADDITION: DIANE STANLEY:
Johnson: I will now open the Public Hearing, is there a
representative here to come forward?
Rich Allison, 1040 E. Pine, was sworn by the attorney.
Rllison: The property under consideration is approximately a
little over i/2 acre of property being divided into two parcels
on W. 4th Street. Each parcel containing in excess of 12,000 sq.
ft., we received all the requirements under ACHD, the City,
Meridian Sewer Department and the Engineer's, we are here asking
tonight that you consider under section 9-6048 that when an
existing subdivision lot be divided only into two parcels that
you can waive a normal subdivision requirements and are asking
that you consider waiving the requirements under ACHD since there
is already an existing roadway, sewer on site, water on site,
power, gas and all normal utilities required. Also on the plat
we have provided for easements for additional utilities, one of
which is to be built in the extension of the sewer line from the
north part of the property back to the second parcel. We further
would abide by the requirements as outlined by the City Engineer.
We do ask for a waiver of the requirement for pressurized
•
MERIDIAN PLANNING & ZONING
JANUARY 14, 1992
PRGE 5
irrigation since Nampa Meridian water is
of these parcels. We would also note th
ditch that needs tiled and boxes would
these two parcels. We would like you to
City Council suspended the requirements
us to record this as a parcel map rather
already provided to both
at there is an irrigation
be provided for each of
consider a motion to the
under ACHD and allowing
than a subdivision.
Rountree: Let me see if I understand your request - waiving all
the stipulations as specified by RCHD or site specific conditions
or?
Rllison: Well ACHD requirements most of them address for example
drainage plan, site plan, sign plan, a number of things that
wouldn't apply to pre-existing property with an existing street.
There is currently no curb, cutter and sidewalk to match on the
east side of 4th Street so we would ask that that be waived and
in reviewing the requirements of ACHD there don't seem to be any
that would normally be required if you were just creating two
parcels. Surface drainage plan, the property grade is to the
east, it falls to the east so we are not going to put any water
back on the street. There are a number of plans that required
typically under a subdivision that wouldn't really apply to
creating two parcels on an existing street with all the existing
services in place and that's why we are asking for the waiver.
Johnson: Anyone else to testify?
Mike Farrell, 1222 W. 4th, was sworn by the attorney.
Farrell: My only questions is if there is a possibility of
having an access for the children that go to school there to have
a right of way going across there.
Rllison: I reviewed this with the Meridian School District at
such time that the property was sold to the Stanley's. Meridian
School District received so many complaints from adjacent
property owners or owners in that area from parents parking on
4th Street and going to Soccer games and so forth that they felt
it was appropriate not to provide an access. I further reviewed
with Dan Mabe the possibility of doing so because there were some
others that S talked to that live in the area that say they use
that as a recreation area for their own benefit. I readdressed
that with Dan Mabe of the School District and he said that if we
provided the access, which certainly could be done because we are
going to provide, and I should probably address this to because I
MERIDIRN PLANNING & ZONING
JRNUARY 14, 1992
PAGE 6
reviewed with the sewer department the easement they requested
and they said that they would work with a 10 foot easement if in
fact we would provide graveling for the easement and a crossing
on the existing ditch which we are going to t he anyway. That
easement could provide for an access for the school kids. He did
request that if in fact we did provide that access #1 they
wouldn't take it, that being the school district, which we would
want to turn it over to them because of liability reasons. If we
did provide it he would want the gate to be locked during the
summer time so that no parents could part along 4th Street. So
there are some stipulations he made there and really preferred
that the district not have that access.
Rountree: He brings up the question of liability, if it is an
easement it is the property owners liability whether it be for
pedestrian or sewer access. I think if that easement is there
graveled and even fenced and gaited, we are probably fooling
ourselves to think that people aren't going to climb the fence
and save going around ten or fifteen subdivision lots or whatever
it takes to get around to the school and get into the playground.
Allison: We are happy to go either way on the issue.
Johnson: Anyone else to testify?
Claude Potts, 1010 W. 4th, was sworn by the attorney.
Potts: My mother lives at 1004 W. 4th and I'm basically here on
her behalf. As far as an access that is a good idea as far as
I'm concerned. Voiced concerns about traffic parking on W. 4th
Street.
Johnson: Rnyone else?
Donald Dunn, 1030 W. 4th, was sworn by the attorney.
Dunn: Like I said I live at 1030 W. 4th which is right next to
this lot and I don't want no easement next to my place.
Johnson: Anyone else?
Tony Bennett, 309 W. Washington, was sworn by the attorney.
Bennett: I just have a question, we live three houses from the
corner of 4th and W. Washington and we walk out our back yard and
we are in the school yard and we irrigate. Are we going to have
access from our ditch all the way to 4th Street. Voiced concerns
MERIDIRN PLRNNING & ZONING
JANUARY 14, 1992
PAGE 7
Clerk Niemann: Yes they are going to t he that ditch along the
front of there.
Johnson: Anyone else? Seeing none and hearing none I will close
the public hearing.
Rountree: The irrigation and the waiver are not included in the
RCHD comments. You wanted bath those things waived.
Crookston: If they are not going to use the live water then the
waiver does not apply.
Rountree: I have a question for the City Clerk about treating
this as a non-subdivision.
Clerk Niemann: I've never heard of it before tonight.
Crookston: I'll have to look at the Ordinance on that.
Johnson: You quoted specifically a section of the code what was
it?
Allison: Yes I did. When you are only dividing a parcel into
two parcels there is a special provision under section 9-604A
Subdivision approval required. (Explained - see tape)
(Discussion - see tape)
Rountree: Is that the ten foot easement shown on the northern
portion of the property?
Allison: That's correct.
The Motion was made by Rountree and seconded by Hepper to pass a
favorable recommendation on to the Meridian City Council
including the consideration of a variance for the irrigation
system and because of the existing condition on 4th Street that
the subdivision be consistent with what infrastructure is there
now, not having to include additional curb, gutter and sidewalk.
Motion Carried: R11 Yea:
ITEM #6: PUBLIC HERRING: PRELIMINARY PLAT FOR WHITETAIL
SUBDIVISION, R.A. RSSOCIRTES:
MERIDIAN PLANNING & ZONING
JANUARY 14, 1992
PAGE 8
Johnson: I will now open the Public Hearing. We've been
presented tonight with a letter from Edson & Patricia Fujii with
respect to this application and it will be entered into the
record. Is there someone representing the applicant who would
like to come forward?
Pat Tealy, 479 Main Street, was sworn by the attorney.
Tealy: Here representing the applicant Mr. Guy Walker.
Whitetail Subdivision is a four lot subdivision on approximately
3/4 of an acre. Lot 1 has an existing home on it and this home
would remain. The applicant has asked that pressurized
irrigation be eliminated because of the fact that it is a four
lot subdivision and to try to put in that type of system would be
quite expensive. We propose that we eliminate the irrigation all
together to prevent more problems with the drainage. If there
are any questions I'd be glad to answer them.
Rountree: Have you seen the comments provided by ACRD?
Tealy: Ves. Our concern we can work out with them.
Rountree: Rre you proposing any entrance improvements for the
existing lot with the home on it now in terms of fencing, berms,
landscaping -
Tealy: The berms and landscaping we don't feel would be, there
would be a safety problem there on it's entrance on to Cherry
Lane.
Rountree: Have you read all the comments from the City Engineer?
Tealy: See I have and I've talked with Gary about them.
Rountree: What is your proposed solution to the question of
maintenance of your storm drainage pit?
Tealy: This is something we will work out with the Highway
District through their maintenance of the system or the adjacent
land owners.
Rountree: What's the distance to the remainder of the
subdivision to the north?
Tealy: There's approximately 750 ft. to the subdivision to the
north.
Hepper: Questioned the dwelling size.
MERIDIAN PLANNING 8 ZONING
JRNUARY 14, 1992
PAGE 9
Tealy: There is an addendum page and it is 1300 sq. feet.
Johnson: Rnyone else to testify?
Edson Fujii, 4345 Pasadena Drive, Boise, was sworn by the
attorney.
Fujii: I wondered what the seepage bed consists of? One of our
concerns listed here regards water that ponds up on the northwest
corner of the proposed lot 4.
Tealy: The seepage bed is intended strictly for the street
drainage and it's a subsurface system. Explained 8 commented on
the letters concerns (see tape)
Johnson: Anyone else to testify? Seeing and hearing none I will
close the public hearing.
Hepper: On the application on the second page it says zoning
classification R-4 which allows four building lots per acre and
it also states up above lots per acre there is 5.3 per acre.
This is not consistent.
Crookston: There could be a problem then because in the
comprehensive plan 1 believe the designation of the R-4
description states that it's got to be four units per acre.
The Motion was made by Shearer and seconded by Hepper to
recommend approval of the preliminary plat.
Motion Carried: All Yea:
ITEM #7: PUBLIC HERRING: PRELIMINARY PLAT ON BETHHAVEN
SUBDIVISION: STOCKER & INTERWEST DEVELOPMENT:
Johnson: I will now open the Public Hearing. Is there someone
from the applicant to come forward?
David Collins, 3350 Rmericana Terrace, Boise, was sworn by the
attorney.
Collins: The application has been submitted for Bethhaven
Subdivision is on 49.27 acres and has a total of 191 residential
lots proposed with three lots being non residential lots also
proposed in the subdivision. The net density is 3.88 units per
MERIDIAN PLANNING & ZONING
JANUARY 14, 1992
PAGE 10
acre. The comment sheets back, I'd like to address a couple of
the issues on those. The ACHD's recommendation is tabling until
such time as a traffic study and a master drainage plan has been
completed. They have recently changed some of the requirements
on their drainage planning for preliminary plats. I am working
with them now on developing a master drainage plan for this.
Essentially the drainage will go to ponding under ground disposal
systems and excess flow possibly into landscape areas. We are
also preparing the traffic study at this time. The Bureau of
Reclamation's comments regarding the Nine Mile Drain, the east
boundary of this subdivision conforms to the boundary line of the
Nine Mile drain as established by the Bureau of Reclamation.
They own that land. The Nine Mile Drain is not on an easement
through this section and we do not overlap the ownership
whatsoever. Joint School District No. 3 I will get the highway
design to him, it's RCHD standard design so I shouldn't see that
there would be any problem with school buses negotiating various
radius's on that. The City Engineer's comments I have seen. I
would say #6 probably I can negotiate my way out of that way
since the Nine Mile Drain is on fee owned land and we do not
overlap it and there are no easements involved in that.
Everything else we have no difficulty with. Rddressing Cherry
Lane, we are proposing to deal with it in the same manner and it
will be shown in better detail on the final plans and final
plats. Rs far as right of way work the Highway District is
requesting sixty six and the City's plan requires eighty so we
therefore will be providing seven foot individual lot owned by
the homeowners association for "future right of way". I will
answer any questions you may have.
Rountree: Your were going through the City Engineer's comments
and one of the comments was the stub street on the west boundary
going into what now is church property, I don't think that is
appropriate.
Collins: I'm going to have to check into that one.
Rountree: What the phasing on this development?
Collins: The initial phase is to be the northeast corner between
the church and the Stucker property.
Johnson: How many lots affected in the initial phase?
Collins: I think 31 lots.
Rountree: You indicated there would be landscaping or some kind
of improvement on Cherry Lane, what did you have in mind?
MERIDIAN PLRNNING & ZONING
JANUARY 14, 1992
PAGE 11
Collins: Similar to what is along the frontages on Locust Grove
on the east side.
Rountree: I suggest you check into that before you jump into
that. That should be included on the final plat.
Crookston: What are the three non-residential lots?
Collins: Drainage ponds and R.V. storage.
Rountree: Do you propose any kind of barrier on the laterals of
Nine Mile Creek, a chain link fence or anything?
Collins: Yes it will be fenced. The Rutledge will be piped, the
drain ditch that comes up on the south boundary will be routed
along the south boundary then north to a five acre tract that was
recently deeded out and it will be piped through there.
Hepper: Do you have any idea from the back side of the sidewalk
to the actually property lines, the common area there where the
berm and stuff is, how much area do you have there?
Collins: Nine feet of landscaping available.
Hepper: So they couldn't build their fences any closer than nine
feet from the sidewalk.
Collins: Right.
Johnson: Rnyone else to testify?
Steve Moore, 2511 W. Cherry Lane, was sworn by the attorney.
Moore: I'm representing our Church. We are hoping to coordinate
with this. Wanted to clarify that the Rutledge Lateral will be
covered. How will the pond affect us?
Collins: Basically we are going to use gravel for the storage,
it won't be an open pond. It will either be solid gravel or some
open gravel area and turf over other portions protected by
engineering fabrics so it doesn't fill up with dirt.
Johnson: Rnyone else?
Alloy Schlekeway, 2090 W. Pine, was sworn by the attorney.
MERIDIAN PLANNING & ZONING
JANUARY 14, 1992
PAGE 12
Schlekeway: Question on the drainage ditch on lot 32 and the
irrigation pond back there. Is this the one that will be filled
in?
Collins: We have to maintain actual drainage ditches and we have
to maintain active irrigation ditches. We will pipe everything
that is conceivable to pipe. We will maintain your access to it.
Johnson: Anyone else? Hearing and seeing none I will close the
Public Hearing.
The Motion was made by Rountree and seconded by Shearer to pass
on a favorable recommendation to the City Council with two
conditions, one concerning the access on the west side of the
property be re-evaluated and placed in a logical location and
second that after 100 lots are developed in the subdivision that
the additional access to Cherry Lane be provided so there is two
access points to the subdivision.
Motion Carried: R11 Yea:
ITEM #8: PUBLIC HEARING: REZONE REQUEST W/CONDITIONRL USE
PERMIT FOR PUD, HUNTERS GLENN, ZACHRESON & LERVELL:
Johnson: I will open the Public Hearing. Is there a
representative present?
Rory Jones, 815 W. Washington, Boise, was sworn by the attorney.
Jones: I am an attorney here in Boise and I am here on behalf of
this applicant, Bill and Lucille Leavell who are purchasing this
property from the Zachreson Company. Presented maps and gave
further explanation. This is 40 units on 3.05 acres or 13.1
units per acre. This is a 1.7 million dollar project. The units
will rent for E650.00 a unit, they are 1100 sq. ft. units with 2
1/2 bathrooms. We are seeking in this application a zoning
change. We are seeking a change to R-15 to accommodate this use,
there is also a conditional use application for PUD and that is
because we are seeking private roadways only within the
development itself. ACHD has determined that all the turn grounds
are all sufficient for trucks and emergency vehicles. Traffic
counts have been performed at Washington and 5th Street, there
are now 200 trips a day at Washington and 5th Street which is 10X
of that intersections capacity. This will increase from 200 to
400 trips thereby increasing the use to about 30% of capacity.
MERIDIAN PLANNING & ZONING
JRNURRY 14, 1992
PAGE 13
The other access routes that we propose are Pine & State both of
which are arterials. There was a comment from the Fire
Department that there may be a need for an additional access
point or expansion of existing routes. There is a reference in
the City Engineer's report to improving the width or provision
made for Carlton and Washington because both are 1/2 width
streets. We would respectfully submit that the primary access
from the Fire Station would be neither of those two streets. The
Fire trucks would come out of the station, go south on Meridian
to Pine and then from Pine east to 5th Street, and then from 5th
Street north to the project. So there should be no Fire
Department concern about the ability to get units there.
(Explained further - See tape)
Shearer: Is there any possibility of getting a street stubbed
out to pick up a future extension of Bradley?
Robert Donovan, 3504 Tulera, Boise, was sworn by the attorney.
Donovan: Showed where street for future access is on map.
Rountree: You mentioned some traffic studies, would you run
through some numbers for that.
Jones: The traffic study revealed that Washington and 5th Street
has 200 trips per day which was 10% of it's capacity. We would
increase that by 400 trips which would be 30% of the
intersections capacity.
Donovan: Hubble Engineering did the traffic count.
Hepper: How many bedrooms are these units?
Donovan: Two bedrooms, two and a half bath.
Hepper: What about this laundry bldg.?
Donovan: That's strictly for the people that don't have their own
washer and dryer. Unit will have full laundry hookups.
Hepper: That access to the north there, you said that if there
was ever a street brought up there that those parking spaces
could be eliminated.
Donovan: Yes, but they don't really need to be because that is
24' through there now but if we wanted to make a wider roadway we
could do that, but we wouldn't take all of them out.
MERIDIAN PLANNING & ZONING
JANUARY 13, 1992
PAGE 14
Rountree: What about fences?
Donovan: Wood fence unless we have a problem with horses.
Rountree: You show a couple of elevations, the last one you put
up there looked like a single level, are those the handicapped
units?
Donovan: Yes.
Johnson: Anyone else to testify?
Lynd Hoover, 1318 E. 4th, was sworn by the attorney.
Hoover: We have two apartment complexes there plus we have
another one of 44 units going in on 2 1/2 Street, there has to be
some other access or some road improvement before these are not
going to create a real mess.
Johnson: Anyone else to testify? Hearing and seeing none I will
close the Public Hearing.
Discussion. (See Tape)
The Motion was made by Rountree and seconded by Shearer to have
the attorney prepare Findings of Fact and Conclusions of Law in
addition to the conditions normally stated in that I would like
to see that a condition be put that the plan or plat show that
the area in the northwest corner be available far future access
to the north.
Motion Carried: All Yea:
The Motion was made by Rountree and seconded by Shearer to pass a
favorable recommendation to the Meridian City Council along with
the recommendations from ACRD as it relates to transportation in
this particular area.
Motion Carried: R11 Yea:
(Discussion on zoning - see tape)
ITEM #9: DISCUSSION ON CHANGING THE RRER OF IMPACT:
Crookston: Explained changes in the area of impact and our
current boundaries. (See tape)
MERIDIAN PLANNING 8 ZONING
JANUARY 14, 1992
PAGE 15
Crookston: The Planning & Zoning Commission needs to evaluate
whether or not we want to actually go ahead and make a proposal
to the County Commissioner's that the City of Meridian Rrea of
Impact be extended at least in this area and then any other
changes that you deem appropriate. We propose to take our area
of impact from 1/4 mile west of Cloverdale Road to Chinden Blvd.
and the City of Boise says they want this area ultimately that
makes the two area of impacts overlap. What happens then is
there has to be a special election for those residents in the
overlapping area to decide which area of impact they want to be
in. If there is no area of impact, if for some reason we could
come to an agreement with the City of Boise and we claim one part
or the County says we don't like it, and there is no real
conflict between Boise and Meridian then it goes to the District
Court and they decide.
Johnson: We've had an engineer do a survey with respect to
whether we could service that from a sewer standpoint and we can.
The second thing is the City of Boise has proposed the area of
impact to be extended one quarter of a mile west of Eagle up on
McMillan Road north, they have a developer they want to satisfy
that wants to develop west of Eagle Road. Rs a body the City of
Meridian Officials oppose that because we don't want to come any
closer really than they are at this point.
(Discussion - See Tape) - Final decision to have a workshop to
figure out a proposal.
The Motion was made by Shearer and seconded by Rountree to
adjourn the meeting at 9:40 P. M..
Motion Carried: All Yea:
(TAPE ON FILE)
Rttest:
RPPROVED:
J JO N, CHRIRMAN
BEFORE THE PLANNING AND ZONING COMMISSION
OF THE CITY OF MERIDIAN
ZACHRSON COMPANY, AN IDAHO CORPORATION
AND WILL IAM D. LEAVELI_ AND LUCILE M. LEAVEI_I_
REZONE AND CONDITIONAL USE PERMIT
FOR PLANNED RESIDENTIAL DEVELOPMENT
A PORTION OF THE EAST 1/2 OF THE NORTHWEST 1/4, SECTION 7,
TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE-MERIDIAN, ADA COUNTY, IDAHO
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS
The above entitled matter having come on for public hearing
AM BROSE,
FITZG ERALD
dCROO KSTON
Attorneys end
CoO naelora
R.D. BOY 027
MerlE len, IEafto
89801
TplepNOne BBBJ0B1
January 14, 1992, at the hour of 7:30 o'clock p.m., the
Petitioners appearing in person, the Planning and Zoning
Commission of the City of Meridian having duly considered the
evidence and the matter makes the following Findings of Fact and
Conclusions:
FINDINGS OF FACT
1, That a notice of a public hearing on the Rezone
Application and the Conditional Use Permit was published for two
(2) consecutive weeks prior to the said public hearing scheduled
for January 14, 1992, the first publication of which was fifteen
(15) days prior to said hearing; that the matter was duly
considered at the January 14, 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 this property is located within the City of
Meridian and one of the Applicants owns the property, which
property is described in the application, which description is
incorporated herein; that the adjoining properties to the north,
south, east, and west are zoned R-15 Medium High Density
Residential; that the Applicants desire to keep the property
compatible with the surrounding area.
3. That the property is already zoned R-8 Medium Density
Residential; that the Applicants request that the property be
rezoned to R-15 Medium High Density Residential; that the property
requires a conditional use permit for a planned unit residential
development a 40 unit apartment complex with a land use density
of 13.1 units per acre, which is the use the application requests;
that such use requires a conditional use permit in any zone where
allowed.
4. That the R-15 District is described in the Zoning
Ordinance, 11-2-408 B. 3. as follows:
(R-15) MEDIUM HIGH DENSITY RESIDENTIAL DISTRICT: The purpose
of- tFie~S)~istrict s to permit the establishment of
medium-high density single-family attached and multi-family
dwellings at a density not exceeding fifteen (15) dwelling
units per acre. All such districts must have direct access
to a transportation arterial or collector, abut or have
direct access to a park or open space corridor, and be
connected to the Municipal Water and Sewer systems of the
City of Meridian. The predominant housing types in this
district will be patio homes, zero lot line single-family
dwellings, townhouses, apartment buildings and condominiums.
AM BROSE,
FIT2G ERALD
BOROOKSTON
Atlomaye end
Counselors
P.O. BOY 627
MerlE lan, IEano
8381E
TaleO~ane B88~1181
5. That the property is located in the OLD TOWN area as
designated on the Policy Diagram at Page 7 of the Meridian
Comprehensive Plan; the OLD TOWN is described in the Plan at page
23 as follows:
OLD TOWN
Upon adoption of the Comprehensive Plan, Old Town should
continue to serve as a shopping, as well as governmental
and public activity center. In recognition that its
shape and character will change with additional
population growth and development, the Comprehensive
Plan sets the stage far the rejuvenation of Old Town,
as per mixed-land-use policies and per market and
economic trends. Probable mixed-uses for Old Town could
be specialty commercial, higher density residential,
offices, medical facilities and public and semi-public
facilities.
6. That the use proposed by the Applicants is set forth
above.
7. That planned residential development of a 40 unit
complex in a district an R-15 Medium High Density Residential
District as proposed by Applicants is an allowed conditional use
in the R-15 district.
8. That the subject property is presently vacant and has
not been used for many years; that the property has no irrigation
canals or facilities on the property; that there are no visible
hazardous areas on the property.
9. That the property does not have direct access to a
transportation arterial or collector; that the property does not
have direct access to a park or open space area as required in
11-2-408 B. 3.; that the plan presented for development shows a
small picnic area.
10. That sewer and water is available to the property and
AMBROBE,
FIT2GERALO
BCROOKBTON
Arrorneya antl
Counaelora
P.O. Box a2T
Meritllan, Itlaao
838/2
Telapftone 888-H81
is required; that the City Engineer, Central District health
Department, Meridian School District, Meridian Police Department,
Meridian Fire Department, and the Ada County Highway District,
and Health and Welfare Department may submit comments which are
AMBROSE,
FIT2GERAlD
80ROOKSTON
Attornaya ana
Counsalora
P.O. Boz e7T
MarlElan, ItlaNo
B3NP
Telephone BBB-u81
hereby incorporated herein as if set forth in full herein.
11. That the access to the property from East First Street,
the major street in downtown Meridian, is presently obtained
either on Washington or Carlton Street portions of both streets
are only one-half of a street wide; That there are already
existing apartment complexes near Applicant's property that also
gain access by means of Washington and Carlton Streets.
12. That there was testimony submitted at the public hearing
which indicated that the access and roads to the project should
be improved; that Ada County Highway District commented that
Applicant's proposal to the Highway District was tabled pending
receipt of a detailed traffic study and master drainage plan.
CONCLUSIONS
1. That all the procedural requirements of the Local
Planning Act and of the Ordinances of the City of Meridian have
been met including the mailing of notice to owners of property
within 300 feet of the external boundaries of the Applicant's
property.
2. That the City of Meridian has authority to grant
conditional uses pursuant to 67-6512, Idaho Code, and, pursuant
to 11-2-418 of the Revised and Compiled Ordinances of the City of
Meridian; and that the City has authority to grant re-zone
petitions pursuant to 11-2-416 of the Revised and Compiled
Ordinances of the City of Meridian.
3. That the City has the authority to take judicial notice
of its own ordinances, other governmental statues and ordinances,
and of actual conditions existing within the City and state.
4. That the City of Meridian has authority to place
conditions on a conditional use permit and the use of the property
pursuant to 67-6512, Idaho Code, and pursuant to 11-2-418(D) of
the Revised and Compiled Ordinances of the City of Meridian,
Idaho.
5. That the City of Meridian has authority to place
conditions on a zoning amendment and the use of the property
pursuant to 67-6511, Idaho Code, and pursuant to 11-2-415 E. 2.
b. and 11-2-416 F. 2. of the Revised and Compiled Ordinances of
the City of Meridian, Idaho.
6. That 11-2-416 (K) of the Revised and Compiled Ordinances
of the City of Meridian sets forth standards under which the City
shall review applications for zoning amendments; that upon a
review of those requirements and a review of the facts presented
and conditions of the area, the Planning and Zoning Commission
specifically concludes as follows:
(a) The new zoning would be harmonious with and in
accordance with the Comprehensive Plan and no
Comprehensive Plan amendment is required.
(b) The area is located in the OLD TOWN which is
designed for residential and other uses which support
residential needs and a mix of those uses and a rezone
of the subject property is in line with that
designation.
AMBROSE,
FITZGERALD
B CROOKSTON
Attorneys and
Counselors
P.O. Bos a2T
McOEIan, Idano
B3ea2
Tllepnpne 888-a~81
(c) Since the area where the property is located is
already zoned R-8 such indicates the new zoning would
not be contrary to the allowed uses in the area and
would be in line with existing adjacent developments in
the area.
(d) The access to the property is not good and should
be improved in line with the guidelines and requirement
of Ada County Highway District or the access should be
by another route; the requirement of 11-2-408 B. 3. that
the property have direct access to a transportation
arterial or collector has not been met and such, or
similar access should be provided; that such requirement
will not, however, limit the rezone but should be
addressed and be a condition of the rezone, if granted
by the City Council.
(e) That the property is designed and constructed to
be harmonious with the surrounding area.
(f) The proposed use should not be hazardous or
disturbing to the existing or future uses of the
neighborhood.
(g) The property will be able to be adequately served
with public facilities, and connection to municipal
sewer and water is required.
(h) The proposed use would not create excessive
additional requirements at public cost for public
facilities and services which cannot be met by the
Applicant and therefore should not be detrimental to the
economic welfare of the community.
(i) The proposed use should not involve any detrimental
activity to any person's property or the general
welfare.
(j) Development, if performed in line with requirements
of the City and Ada County Highway District, should not
cause a significant increase in vehicular traffic and
should not interfere with surrounding traffic patterns.
(k) That this rezone will not result in the
destruction, loss or damage of any natural or scenic
feature or major importance.
(1) The proposed zoning amendment is in the best
interest of City of Meridian.
7. That 11-2-418(C) of the Revised and Compiled
AM BROSE,
FITZG ERALO
iCROO KSTON
Attorneys and
Counselors
P.G. BOY <2Z
Menaian.ldeno
Basaz
Telapnone 888-NBA
Ordinances of the City of Meridian sets forth the standards
under which the Planning and Zoning Commission and the City
Council shall review applications for Conditional Use
Permits; that upon a review of those requirements and a
review of the facts presented and the conditions of the area,
the Planning and Zoning Commission concludes as follows:
a. The use, would in fact, constitute a conditional
use and a conditional use permit would be required by
ordinance.
b. The use would be harmonious with and in accordance
with the Comprehensive Plan but the Zoning Ordinance
requires a conditional use permit to allow the use.
c. The use is designed and should be constructed to
be harmonious in appearance with the character of the
general vicinity.
d. That the use would not. be hazardous nor should it
be disturbing to existing or future neighboring uses;
that the access and traffic requirements of the City and
the Ada County Highway District should be met and if
they are, traffic should not increase significantly
because of the proposed use.
e. That the property has available to it sewer and
water service.
f. The use would not create excessive additional
requirements at public cost for public facilities and
services if the Applicant meets the requirements of the
City and Ada County Highway District and the use would
not be not be detrimental to the economic welfare of the
community.
g. The use would not involve a use, activity, process,
material, equipment or conditions of operation that
would be detrimental to person, property or the general
welfare by reason of excessive production of traffic or
noise.
h. That sufficient parking for the property and the
proposed use will be required and the parking layout
must meet the requirements of the City ordinance.
i. The development and uses will not result in the
destruction, loss or damage of a natural or scenic
feature of major importance.
8. That the City has judged this Application for a
AMBROSE,
FITZGERALD
B CROOKSTON
Atlornsye an0
Couneelon
P.O. BoK ~P7
MapEIAn, IONo
~8•]
TelapKOne BS&~~81
zoning amendment and Conditional use permit for a planned
unit development upon the basis of guidelines contained in
11-2-416 and 11-2-418 of the Revised and Compiled Ordinances
of the City of Meridian and upon the basis of the Local
Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the
AM BROSE,
FITZG ERALD
BCROO KSTON
Atlorneye and
Counaelora
P.O. Boz X27
MerlGlan, IEa~o
B38~Y
Telepftone 888-H61
Comprehensive Plan of the City of Meridian, and the record
submitted to it and the things of which it can take judicial
notice.
9. It is further concluded that any comments,
recommendations and requirements of the City Engineer, the
Ada County Highway District, and the Meridian Fire
Department, will have to be met and complied with.
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 ALIDJANI
CHAIRMAN JOHNSON (TIE BREAKER)
VOTED
VOTED
VOTED
VOTED~~'
VOTED
DECISION AND RECOMMENDATION
The Meridian Planning and Zoning Commission hereby
recommends to the City Council of the City of Meridian that
they approve the Rezone and Conditional Use Permit requested
by the Applicant for the property described in the
application with the conditions set forth in the Findings of
Fact and Conclusions of Law and that the property be required
to meet the water and sewer requirements, the fire and life
safety codes, and the Uniform Building Code, and other
Ordinances of the City of Meridian and the requirements of
the City Engineer, Ada County Highway District and the
Meridian Fire Department.
AMBROSE,
FITZOERALD
B CROOKSTON
Attorneys end
COUnN10ro
P.O. Box t3]
Meridlen, IENo
83843
TsIePKOne B88J'81
MOTION:
APPROVED:
DISAPPROVED: