1993 06-08• • ,~,~~
MERIDIRN PLANNING AND ZONING COMMISSION
AGENDA
TUESDAY, ,TUNE 8, 1993 - 7:30 P. M.
CITY COUNCIL CHAMBERS
MINUTES OF THE PREVIOUS MEETING HELD MAY 11, 1993:
(APPROVED)
1: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR
ANNEXATION AND ZOPIIN6 TG R-8 RY EWING COMPANY: (APPROVED)
2: FINDINGS OF FRCT AND CONCLUSIONS OF LAW: REQUEST FOR
ANNEXATION RND ZONING TO R-4 WITH PRELIMINARY PLRT, SRDDLE
VIEW ESTATES, 73 LOTS BY D]CK CON CORPORRTION: <APPROVED)
3: FINDINGS DF FRCT AND CONCLUSIONS OF LAW: REQUEST FOR
CONDITIONAL USE PERMIT FOR R 20 UNIT RPARTMENT COMPLEX KNOWN
AS CEDRR CREST BY CHARLES WARD: (APPROVED)
4: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR
RNNEXRTION AND ZONING TO R-4 WITH F'RELIMINRRY PLRT KNOWN AS
LOUNSBURY LANE SUBDIVISION PLUS VARIRIVCE TO CULDESAC LENGTH
BY CRIS D. WILLIRMS: (APPROVED)
5: FINDINGS OF FRCT RND CONCLUSIONS OF LAW: REQUEST FUR
REZONE, 13.5 ACRES FROM R-4 TD R-8 AND 2.89 ACRES FROM R-4
70 LO WITH R PRELIMINARY PLRT KNOWN AS MIDTOWN SQUARE, 46
SINGLE FRMILY BUILDING LOTS RND 3 LIMITED OFFICE LOTS RY
STEVEN K RICKS: (APPROVED R-4 ZONE ONLY WITH tgIN_ 14<~ SQ.
FOOTAGE)
b: FINDINGS OF FRCT RND CONCLUSIONS DF LAW: REQUEST FUR A
CONDITIONAL USE PERMIT LOCATED AT 415 E. BROADWRY, LIGHT
INDUSTRIRL ZONE FOR THE NORTHWEST LINEMAN COLLEGE BY SHRNE
PORTER: (APPROVED)
7: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REDUEST FOR
RNNEXATIQN AND ZONING TO R-4 BY NELSON RND MYRNA BERRY:
(APPROVED)
8: PUBLIC HEARING: REQUEST FGR RNNEXATION AND ZONING TO R-4
WITH PRELIMINARY PLRT, TUMBLE CREEK SUBDIVISION, 292 LOTS BY
ARNOLD STUBRLEFIELD: (FINDINGS TD DE PREPARED)
9: F'UPLIC HERRING: REQUEST FOR ACCESSORY USE PERMIT TG ALLOW A
FRMILY CHILD CRRE HOME OCCUPATION BY DEBB CRRSTENSEN:
(FINDINGS TO HE PREPARED)
10: PUBLIC HEARING: REQUEST FOR
WITH SUMMERFIELD PRELIMINARY
TO BE PREPARED)
11: PUBLIC HEARING: REGdUEST FOR
WITH CHAMRERLRIN F'RELIMINA
(FINDINGS TO HE PREPARED)
ANNEXATION RND ZONING TD R-4
FLAT BY USTICK 41T: (FINDINGS
ANNEXATION AND ZONING TD R-8
;Y FLAT RY KEVIN HOWELL:
1~: F'UPLIC HEARING: REQUEST FOR pNNEXRTIDN AND ZONING TO R-&
WITH COUGAR CREEK F'RELIMINRRY FLAT PY F'RTEL: (FINDINGS TO
HE PREPAREDI
13: F'UHLIC HEARING: REDDEST FOR FOTHERGILL PRELIMINARY PLRT
APPROVAL BY EWIN6: (RECOMMEND APPROVAL)
14: PUBLIC HERRING: REQUEST FOR RNNEXATIDN AND ZONING TD I-L
RND C-G PLUS MID VALLEY BUSINESS F'ARK PRELIMINARY F'lAT RY
MARY MOON: (FINDINGS TO BE PREPARED)
15: F'URLIC HEARING: REQUEST FOR PIEDMONT F'RELIMINARV F~LRT
AP'P'ROVAL $Y ASIN AND STUECKLE: (RECOMMEND APPROVAL)
16: PUBLIC HEARING: REQUEST FUR RNNEXATIDN AND ZONING TD R-4
WITH KENTFIELD MANOR PRELIMINARY F'LRT BY PERSONALITY HOMES:
(FINDINGS TO HE PREPARED)
17: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING TO R-4
WITH ENGLEWDOD CREEK F'RELIMINRRY FLAT RY ENGLEWOOD
PARTNERSHIP: <FINDINGS TO BE PREPARED)
MERIDIAN PLANNING & ZONING JUNE & 1993
The Regular Meeting of the Meridian Planning and Zoning
Commission was called to order by Chairman Jim Johnson at 7:3Q~
F~. M.
Members present: Charlie Rountr^e e, Jim Shearer, Tim Nepper, Moe
Alidjani:
Others F~resent; Herb Endicott, B. F. & Fiat Kelly, Herb Dalrymple,
Pev Donahue, Cris Williams, John and Debb Carstensen, Chris
Jacobsen, Kelly Ready, Terri Schroeder, Raleigh Hawe, Rli
Ponakdar, Ty Sindon, Jim Holbert, Peggy Moyer, Mike Clark, Verl
G. King, Richar^d Jewell, Ray Patel, Wayne Crookston, Gary Smith,
Wayne For^rey, Arnold Stubblefield, Melba Nichols, Wendy Nielson,
Medra Covington, Vern Alleman, Tom Davis, Craig Groves, Leon
Johnson, Diane Peaulieu, Jim Nollister, Jim Merkle, Dan Tarfin,
Joy Brown, Gary Lee, Ran Thomas, Dale Ownby:
MINUTES OF THE PREVIOUS MEETING HELD MAY 11, 1993:
The Motion was made by Rountree and seconded by Shearer to
approve the minutes of the previous meeting held May 11, 1993 as
wr^itten:
Motion Carried: Rll Yea:
]7EM #il: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR
ANNEXATION RND ZONING TO R-P PY EWING COMPRNY:
Rountree; I didn't see any languange stating no duplexes.
Crookston: I believe it was in the application. You could make
it part of your decision and rec ommendation.
The Motion was made by Rountr^ee and seconded by Shearer that the
Mer^idian Plann ing and Zoning Commission hereby adopts and
approves t hese Findings of Fact and Conclusions of Law.
Roll Call Vote: Hepper - Yea; Rountree - Yea; Shearer^ - Yea;
Alidjani - Yea;
Motion Carried: All Yea:
The Motion was made by Rountree and seconded by Shear^er^ that the
Meridian F~lanning and Zoning Commission hereby recommends to the
City Council of the City of Meridian that they approve the
annexation arrd zoning as stated in the Conclusions for the
property described in the application with the conditions set
MERIDIRN PLANNING 8 ZONING
JUNE 8, 1993
RAGE 2
forth in the Findings of Fact and Conclusions of Law and that the
applicant be specifically required to t he all ditches, canals,
waterways as a condition of annexation and that the applicant
^eet all the Ordinances of the City of Meridian specifically,
including the developwent tiwe requirewents and conditions of the
Findings of Facts and that if the conditions are not wet that the
property be deannexed and that the subdivision not allow the
developwent of duplexes_
Motion Car^ried: All Yea:
ITEM M2: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REDUEST FOR
RNNEXATION AND ZONING TO R-4 WITH GRELIMINARY PLAT, SADDLE VIEW
ESTATES, 73 LOTS BY DICK CON CORF~ORATION:
The Motion was wade by Alidjjani and seconded by Rountr^ee that the
Mee^idian Planning and Zoning Cowwission hereby adapt and approve
these Finding of Fact and Conclusions of Law.
Roll Call Vote: Hepper - Yea; Rountr^ee - Yea; Shearer - Yea;
Rlidjani - Yea;
Motion Carried: R11 Yea:
The Motion was ^ade by Rlidjani and seconded by Hepper that the
Meridian Planning and Zoning Cowwission hereby recowwends to City
Council of the City of Meridian that they appr^ave the annexation
and the zoning as stated in the Conclusions far the property
described in the application with the conditions set forth in the
Findings of Fact and Conclusions of Law. That the applicants be
specifically required to t he all ditches, canals, water^ways, as
a condition of annexation, and that the applicant weet all of the
Ordinances of the City of Meridian, specifically including the
developwent tiwe requirewent and the conditions of these Findings
of Fact, and that if these conditions are not wet that the
property be deannexed_
Motion Carried: R11 yea:
ITEM 1t3: FINDINGS OF FACT RND CONCLUSION OF LRW: REQUEST FOR
CONDITIONAL USE PERMIT FOR R 2D UNIT AF~RRTMENT COMPLEX KNOWN AS
GEDAR CREST BY CHRRLES WARD:
The Motion was wade by Hepper and seconded 6y Rountree that the
Meridian Planning and Zoning Cowwission hereby adopts and
approves these Findings of Fact and Conclusions of Law.
NERIDIAN PLANNING AND ZONING
JUNE 8, 1993
PAGE 3
Roll Call Vote: Hepper- -
Alidjani - Yea;
Motion Carried: R11 Vea:
Yea; Rountr^ee - Yea; Shear°er - Yea;
The Motion was made 6y 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
conditional use permit r°equested 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 #4: FINDINGS DF FACT RND CONCLUSIDN DF LAW: REQUEST FOR
ANNEXRTION RND ZONING TO R-4 WITH PRELIMINRRY PLRT KNOWN AS
LOUNSPURY LRNE SUPDIVISION PLUS VARIANCE TO CULDESAC LENGTH PY
CRIS D. WILLIAMS:
The Motion was ^ade by Shearer and seconded 6y Alidjjani that the
Meridian Planning and Zoning Commission hereby adopts and
approves the Findings of Fact and Conclusions of Law.
Roll Call Vote: Hepper° - Yea; Rountree - Yea; Shearer - Yea;
Alidjani - Vea;
Motion Carried: Rll Yea:
The Motion was made by Shear°er° and seconded 6y Alidjani 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 as stated in the Findings for the property
described in the application, with the conditions set forth in
the Findings of Fact and Conclusions of Law and that the
applicant be specifically requie°ed to t he all ditches, canals
and waterways as a condition of annexation. That the applicant
meet all Ordinances of the City of Mer°idian, specifically
including the development time r^equirements and conditions of
these Findings of Fact and Conclusions and that if the conditions
are not met that the property 6e deannexed.
Motion Carried: All Vea:
MERIDIAN PLANNING AND ZONING
JUNE 0, 1993
PAGE 4
ITEM q5: FINDINGS OF FACT AND CONCLUSIONS OF LRW: REQUEST FOR
REZONE, 13.5 RCRES FROM R-4 TO R-8 AND 2.89 ACRES FROM R-4 TO LO
WITH R F~RELIMINARY PLAT KNOWN AS MIDTOWN SQURRE, 46 SINGLE FAMILY
PUILDING LOTS RND 3 LIMITED OFFICE LOTS PY STEVEN K. RICKS:
The Motion was made by Rountree and seconded by Rlidjani that the
Mer^idian Planning and Zoning Commission hereby adopts and
approves these Findings of Fact and Conclusions of Law.
Roll Call Vote: Hepper - Vea; Rountree - Yea; Shearer - Yea;
Rlidjani - Yea;
Motion Carried: All Yea:
The Motion was made by Rountree and seconded by Rlidjani that the
Mer^idian planning and Zoning Commission hereby recommends to the
City Council of the City of Meridian that the City Council
approve the requested rezone and allowing this designated to be
used for limited office and to deny the rezone for the land
designated to be zoned from R-4 to R-8, that as a condition of
the rezones the application meet the terms and conditions of
these Findings of Facts and Conclusions of Law, including the
minimum house size of 1350 square feet and that the comments of
the City Engineer, Water^ and Sewer Or^dinance requirements, Fire
and Life Safety Codes, Uniform Pu d ding Codes and all other
Ordinances of the City of Meridian be met and complied with and
the limited office constr^uction shall be subject to design review
and only single family dwellings sha12 be constructed in the R-4
district as indicated at the hearing. All irr^igation facilities
must be maintained such that they continue to deliver^ water as it
is delivered pr^i or to development and if there ar^e irrigation
canals, drainages and other means of conveying water located on
the property that they be tiled.
Motion Carried: All Yea:
Hepper: Questioned squar^e footage for R-4 zone.
The Motion was made by Hepper° and seconded by Rauntr^ee to amend
the original motion to read 1400 squar^e foot minimum.
Motion Carried: A11 Yea:
MERIDIAN PLANNING AND ZONING
JUNE 8, 1993
PAGE S
ITEM #6: FINDINGS OF FRCT AND CONCLUSIONS OF LRW: REQUEST FOR
CONDITIONRL USE PERMIT LOCATED AT 415 E. RROADWRY, LIGHT
INDUSTRIAL ZONE FOR THE NORTHWEST LINEMRN COLLEGE PY SHRNE
F~ORTER:
The Motion was made by Alidjani and seconded by Shearer that the
Mer°idian Planning and Zoning Commission hereby adopts and
approves these Findings of Fact and Conclusions of Law.
Roll Call Vote: Hepper - Yea; Rountree - Yea; Alidjani - Yea;
Shearer - Yea;
Motion Carried: All Yea:
The Motion was made by Alidjani and seconded by Shearer that the
Meridian Planning and Zoning Commission hereby recommends to the
City Council of the City of Meridian that they approve the
conditional use permit requested 6y the applicant for the
pt^o pet^ty described in the application with the conditions set
forth in these Findings of Fact and Conclusions of Law.
Motion Carried: R11 Yea:
ITEM #7: FINDINGS OF FACT RND CONCLUSIONS OF LAW: REQUEST FOR
RNNEXRTION AND ZONING TO R-4 PY NELSON RND MYRNR PERRY:
The Motion was made by Rountree and seconded by Rlidjani that the
Meridian Planning and Zoning Commission hereby adopts and
approves these Findings of Facts and Conclusions of Law.
Roll Call Vote: Hepper - Vea; Rountree - Yea; Shearer - Yea;
Rlidjani - Yea;
Motion Carried: R11 Yea:
The Motion was made by Rountree and seconded by Alidjani that the
Meridian F~lanning and Zoning Commission hereby recommends 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 descr^i bed in the application. With the conditions set
forth in the Findings of Fact and Conclusions of Law and that the
applicant be specifically required to t he ditches, canals, and
water^ways as a condition of annexation. That the applicant meet
MERIDIAN PLANNING AND ZONING
JUNE B, 1943
PRGE 6
all the or°dinances of the City of Mer^idian specifically including
the development time requirements and conditions of the Findings
and Conclusions and if the conditions ar-e not met that the
property be deannexed.
Motion Carried: All Yea:
ITEM it8: PUBLIC HERRING: REQUEST FOR RNNEXATION RND ZONING TO
R-4 WITH PRELIMINARY PLAT, TUMPLE CREEK SUBDIVISION, 292 LOTS BY
RRNOLD STUHPLEFIELD:
Johnson: ] will open the Public Hearing at this time.
Arnold Stubblefield, 641 Franklin Rd., was sworn by the attor^ney.
Stubblefield: I have reviewed the letter^s of recommendation from
the different agencies that have commented. I believe that we
can comply with the intent of the comments. (S tated compliance
with all comments in detail - see tape) project will be built in
seve r^al phases, it will have berms, fencing and landscaping on
the perimeter^s.
Hepper: It states on your application a minimarm sgarar°e footage
for the structur^es is 1000 square feet.
Stubblefield: That isn't in concr°ete. I think that's just what
the or^dinance called for so we put that down. This will be a lot
sale project. We will comply with whatever the ^inimum is.
Hepper: The City Ordinance for an R-4 .one is 1400 square feet
^inimum.
Stubblefield: If that's what it is then that's what we'll do.
Crookston: In your opening remarks you said you can comply with
the intent of the comments and I wonder in Mr. Forrey's comment
he star^ts out and states that there's lack of adequate recreation
facilities for the neighborhood. Do you have any designs for^
meeting that statement?
Stubblefield: Not specifically. It was my thought that yoar had
a large park adjacent to ars and that woaeld more than likely come
within some type of park fee that you would be assessing that
would go towar^d maybe implementing the parks that you already
have.
MERIDIAN PLANNING AND ZONING
JUNE 8, 1443
PAGE 7
Crookston: Do you have any planned amenities within the
e.ubdivision, of any nature?
Stubblefield: No we do not. I would go on to state that in the
shoe^t future if you implement some type of thing, we'd be willing
to wor^k with the staff to achieve that.
Johnson: Thank you. Anyone else to testify?
Herb Endicott, 145Q1 W. Ustick, was sworn 6y the attorney.
Endicott: Mr. Stubblefield has implied that they are going to
put fences and berms in. I live on the northeast cor^ner^ of Ustick
and Linder, we would like to see the berms and fences put in
before construction star^t s. Concer^ns about tr^ash on the
construction site and school overcrowding. Explained his idea
for fees to 6e added to building permits to cover parks, fire,
police and schools - see tape.
Johnson: Thank you. Rnyone else to testify?
Melba Nichols, 2831 NW 15th, was swot^n by the attorney.
Nichols: Objects to the density of this project. Concer^ned
about Linder Road needing to be widened.
Johnson: Thank you. Anyone else?
Ty Sindon, Meridian, was swor^n by the attorney.
Sindon: Is they^e going to be some kind of a visual on what this
project is going to be?
Johnson: We have a plat but we don't have a visual for the
audience.
Sindon: I'd like to have seen a visual to see what he had in
mind. 1 agr^ee with all of Her^b's comments. Also would like to
know what the City's intent is for Linder Road?
Johnson: It wouldn't be the City's intent, it would be the Ada
County Highway District.
Sindon: Concerned about density of project and no amenities
planned. Asking about Five Mile Drasn.
MERIDIRN RLANNING AND ZONING
JUNE A, 1993
PAGE 8
Johnson: It's a creek.
Sindon: Concerned about water^, density, amenities within the
project and the visual impact of how it looks.
Alidjani: I keep hear^ing that density is a pr^abl em. The density
is the same as what you have right now in your^ subdivision.
Sindon: I'm not in a subdivision.
Alidjani: The subdivisions in this ar^ea are all zoned R-4. He
is not asking for any mor^e density then what is in the area now.
Sindon: I guess I was just thinking about the additional tr^affic
these are going to cr^eate.
Johnson: Thank you. Anyone else? No Response. I will close
the F'u61ic Hearing. I will r'e-open the hearing so Mr.
Stubblefield can respond to these comments.
Stubblefield: On the width of Linder Road at Ustick, that has
been addressed and the extr^a width is being dedicated up to 90
feet. That does comply with the new or^dinance for the extra
width.
Johnson: I will close the public hearing.
Alidjani: I have a question for Gary Smith, did you have a
problem with that well site being on north verses south of east
of west ar^ it doesn't make a difference.
Eng. Smith: The only thing that we would like to see as far as
well site location is close proximity to a main distribution line
for piping and access to power. The farther away we get the more
expensive it is.
Well depths discussed - see tape.
The Motion was made by Shear^er^ and seconded by Rountree to have
the attorney prepar^e Findings of Fact and Conclusions of Law for
this request.
Motion Carried: All Yea:
MERIDIRN PLANNING AND ZONING
JUNE B, 1993
PAGE 9
ITEM #9: PUBLIC HEARING: REQUEST FOR ACCESSORY USE PERMIT TO
ALLOW A FAMILY CHILD CARE HOME OCCUPATION PY DEAP CARSTENSEN:
Johnson: I will open the F'uhlic Hearing. 1s there a
representative or applicant present who wishes to testify?
Debb Carstensen, ]840 E. Meadowwood Street, was sworn by the
attor^ney.
Carstensen: I*m here this evening to r^equest an Accessory Use
Permit for an in home day car^e in my home. I'd like to start by
explaining what I do pr^ovide in my hame. I'd like to start by
saying I have an approximate 1000 foot play area sepal^ated with a
fence fr^om the backyard, which includes a round pea gr^avel base
and an approximate 80 foot squat^e sand box with two yards of
sand, a play fart, a swing set and other associated play ground
equipment and also an enclosed picnic area with a picnic table.
The children have access to our back yard, which is completely
enclosed by a six foot fence. I have a lar^ge family room which
is designed as a play room, equipped with a Nintendo, a T.V., a
V.C.R. and over 45 videos which include educational childrens
movies and cartoons. My fr^ont door^ and garage door remain locked
and dead-bolted during the day far the childrens protection.
Health and Welfar^e has inspected my hame and concluded that it is
a safe home for children. The Fire Department and Police
Depar^tment have also approved my request.
Rountree: Your^ currently operating as a Day Care?
Carstensen: Yes I am.
Rountr^ee: How many children do you take?
Car^stensen: Six and I have four of my own, which makes a total
of ten children in my home.
Rountree: You'll try to maintain not over six.
Carstensen: Yes.
Crookston: Our Ordinance is five.
Hepper: What ar^e your hours?
Carstensen: I open at 7:00 R.M. and close at 5:30 P. M..
Hepper°: Is that five days a week?
MERIDIAN PLANNING ANd ZONING
JUNE 9, 1993
PAGE 10
Carstensen: Monday through Friday and I'm closed on Holidays.
Johnson: Thank you. Anyone else to testify?
Fiat Kelly, 1855 E. Meadowwood, was swot^n by the attorney.
Kelly: Right next door^ to the Carstensen's is another^ licensed
day care that has ten childr^en, this is a concern. We ar^e
already experiencing between those two homes twenty childr^en,
excess traffic of which they ar^e parking going the wrong
direction and on the sidewalks. I noticed on the application
that the Carstensen's did not indicate that they have a closed in
sun room with a hot tub in the back yard adjacent to the family
room. Ther^e also two dogs and then^e have also been pr^oblems in
the neighborhood with her children running loose and
unsuper^vised.
Johnson: Thank you very much. For the r^ecor-d Mr^s. Kelly and her
husband have provided a written letter, we also have two other
letters objecting to this application. Rnyone else to testify?
Chr^is Jacobsen, 2835 E. Meadowwood, was sworn by the attorney.
Jacobsen: The r^eason I'm here this evening is to object to the
licensing of the day care center. Primarily on the points
brought up by Fiat Kelly. Ther^e have been many instances of
vehicles swinging wide around in fr^ont of my house up onto my
sidewalk to pull into the dr^iveway of the Carstensen's. We moved
into this area from a very populated place to get to a place
where we could raise our children where they could play in our
lots and on our sidewalk in a safe place. We feel that the
increased population in an enclosed subdivision really takes away
fro^ us what we chose to achieve when we ptirr^chased our lot.
Johnson: Thank you. One of the letter^s I refer^red to earlier
was Mr^. Jacobsen's. Anyone else?
Kelly Ready, 1810 Meadowwood, was sworn by the attorney.
Ready: I was one of the other letters that you received
objecting to this request. ]t's a residential area and we
purchased our home based on this being a residential area. My
primary concern is the incr^ease in traffic and the problems this
would cause. tExplained further - see tape)
Johnson: Thank you. Rnyone else to testify?
r~
MERIDIAN PLANNING AND ZONING
JUNE 8, 1993
PAGE 11
Wendy Nielson, 2211 N. Meadowrose Place, was swot^n by the
attorney.
Nielson: I am in support of this license. I'm a stay at home
^om and I'm then^e all the time and a ]ot of these people that
have spoken to you are gone during the day. The noise is not a
problem. I certainly don't think it's Mr^s. Car^stensen's
responsibility to worry about how people drive. This should not.
be exclusive to someone just beca~.rse Mrs. Carstensen's neighbor
has a license should not dis-allow Mrs. Carstensen from having
one. This is her freedom.
Johnson: Thank you. Anyone else?
Medra Covington, 1041 Clar^ene, was sworn by the attorney.
Covington: I'm one of these people in the car^s that dr^ive there
ever^y day. The concern here I hear^d a couple of the times was
for^ the children. That's my concee^n too. My son lives there
five days a week and having experienced several day car^e s, Debb
Carstensen's is the cleanest and the nicest day care that my son
has been to. I can under'stand the concerns about the excessive
traffic because I live next door to a day care. If I'm speeding
then write down my license plate number or if I'm driving an your
sidewalk, walk across the street and tell Debb. I don't
under'stand why we can't have communication like this. I have
gone home unannounced to Debb's several times and never one time
have there been children out in that front yard. There are never
toys in the front yard. I really would appreciate this license
being given to her as we need good day care.
Johnson: Thank you. Anyone else?
Kaokee Galea'i, 2190 Lochness Way, was sworn by the attorney.
Galea'i: Me and my family have moved into this home just about a
year' ago. I can honestly say this about this neighbor^hood and
the people that have spoken her^e tonight. This is the coldest
neighbor^hood that I have ever' moved into. For people to come up
here and talk about their neighbor, I mean yes we all have
concerns. Our ma,jor^ concern here is our chsldr^en. I've got two
children that Mc^s. Car^stensen has watched in the past. I've
changed shifts now so I need no day car^e, but I can honestly say
this, for' the time that my childr^en have been then^e and I have
MERIDIRN PLRNNING RND ZONING
JUNE B, 1993
PRGE I2
gone over° unannounced many times. This day car^e is the cleanest,
the most well kept, most or^ganized day car^e I've ever- witnessed.
I cannot say that I've noticed an increase in traffic.
Johnson: Thank you. Anyone else?
John Carstensen, 1840 E. Meadowwood, was sworn by the attor^ney.
Carstensen: Health and Welfar^e did come and inspect otiir house,
they came unannounced and gave their° approval that day. I
under^stand some of the traffic concerns. Rs far as the hot tub,
we do have a sun 1^ODm and the childr^en play in then^e but the hot
tub has child locks and combination locks, also the cover^ that is
on it weighs appr^oximately 60 pounds. We do have two dogs and
they ar-e in kennels all day long on the opposite side of where
the childr^en play. (Explained further - see tape)
Johnson: Thank you.
Chris Jacobsen: I felt that an excellent point was brought up.
My wife is a stay at home mom, we did the Ready's a favor and
babysat their child. My wife is there ever^y day and she sees
what takes place ever^y day.
Johnson: Thank you.
Kelly Ready: Mr^. Carstensen mentioned my name in his testimony.
I think there's a little bit of a difference between a day care
service of ten childr^en and the Jasobsen's having two children.
I think there is a need for in home day care but not in a
r°esidential ar^ea.
Crookston: Mrs. Carstensen, there's been reference made about
Health and Welfare being out ther^e and I don't know that it's in
the record, are you licensed 6y the Department of Health and
Welfar^e?
De66 Car^stensen: No I a^ not. They have come out to inspect my
home because someone in the neighborhood did call with a concern.
Crookston: Our^ Dr^dinance does require that you be licensed.
MERIDIAN PLANNING AND ZONING
JUNE B, 1993
PAGE 13
Car^stensen: Fr^om what I understood when I called the State of
Idaho and the Day Care Licensing, this process started back in
October^ and I had contacted the Health and Welfare Day Care and
they said that since I lived in the City of Meridian that I have
to go through this accessory tirser per^mit. Health and Welfare
stated that before I could go any farther I had to have this
accessory use permit. tExplained further on process - see tape)
Crookston: What kind of off street parking do you have for^
people that come and drop off their kids? You don't have any
employees, do you?
Carstensen: No, I don't. We have a double car garage with a
gravel side, so that could 6e used but it is not necessarily a
dr^iveway. I have never ever^ had more than two parents at one
time picking up their children or dropping off. My children are
staggered so that they ar^e picked up at different times and
dr^opped off at differ^ent times. The parents from my day care
park directly in front of my street or in my driveway and never
once have I seen them pulling onto anyone elses sidewalk to get
up to my location.
Crookston: What's your address again?
Carstensen: 1840 E. Meadowwood Street, which is a block off of
Chat eau.
Crookston: What kind of fence is around the yar^d?
Carstensen: It's enclosed with a 6' wood stained fence. On the
inside of the fence then^e is also a 4' chain link fence which
divides the gar^den and the play ar^e a.
Johnson: Thank you.
Crookston: I do have one comment for^ the public though, this carp
be confused with the licensing pr°oceeding, the City of Meridian
does not license day cares. This is a zoning issue.
Johnson: Anyone else? No response. I will close the public
hearing.
The Motion was made by Shearer and seconded by Rountree to have
the attorney prepay^e Findings of Fact and Conclusions of Law.
MERIDIAN PLANNING AND ZDNING
JUNE 8, 1493
PAGE 14
Motion Carried: R11 Yea:
Johnson: We will recess for five minutes: Meeting called back
to order^.
ITEM #10: PUPLIC HERRING: REQUEST FOR ANNEXATION AND ZONING TO
R-4 WITH SUMMERFIELD PRELIMINRRY PLRT BY USTICK 40:
Johnson: I will open the Public Hearing. Is there a
representative present who wishes to testify?
Dan Torfin, Hubble Engineering, 9550 Pethel Court, Poise, was
sworn by the attorney.
Torfin: Discussed the merits of Stirmmerfield Subdivision. Stated
it would be no pr^oblem to comply with all comments from City and
other^ agencies. Developer will landscape the park and boundary
as shown on colored master^ site plan.
Johnson: Thank you. Anyone else?
Vern A p eman, 210] E. Ustick Rd., was sworn by the attorney.
A p eman: Voiced concerns about impact this would have to
farming.
Johnson: Thank you. Anyone else?
Her°b Endicott, ]450 W. Ustick, was sworn by the attor^ney.
Endicott: The main thing that concerns me again is the well.
I'd like to make sure that it is sealed and screened only at the
bottom and m~_rst be over 400 feet deep and screened at the bottom
so that it will nut affect any of the other- neighbors wells.
Johnson: Thank you. Rnyone else?
Herb Dalrymple, 3539 N. Lacust Grove, was sworn by the attorney.
Dalrymple: I question the annexation at a time when the City's
having difficulty in meeting their obligations in relation to
public safety, recreation, water^, sanitation and on this
particular project, storm drainage. There is no City property in
this section at this time and there's no storm drainage in there.
h1ERIDIAN PLANNING AND ZQNING
JUNE 0, 1993
PAGE 15
Johnson: Thank yo~_r. Anyone else?
Tom Davis, 2740 E. Ustick Road, was sworn by the attorney.
Davis: I have the property east of this and the only thing that
I would like is that if they develop over to the twenty acres
that joins me on the west, I would like to have a six foot chain
link fence across there to keep a21 the building material and
everything in. The pr^operty north of ^e, when they built a house
back there I had a lot of pr^oblems with insulation and building
saterials, cardboard boxes and everything way on out in my alpha
fields.
Johnson: Thank you. Rnyone else?
Beverly Donahue, 3775 N. Locust Grove, was sworn by the attorney.
Donahue: I'm request that this application be continued until
after the Comprehensive Flan is adopted this fall. This
application is to large to not have a negative impact on the area
and sho~.rld be included in the Comprehensive Plan elements.
Concerns about impact on schools - see tape. Petition submitted
for the record in opposition.
Johnson: Thank you. Rnyone else?
Craig Groves, 3920 E. Shadyglen Drive, Poise, was sworn by the
att or^ney.
Groves: Mr. Hoyd asked me to say a couple of things on his
behalf this evening, he was unable to attend. He wanted to
assure ever^yone here that his intent is to pr^ovide a ver^y high
quality development for that area. He recogni.es the fact that
he's tr^eading into new territory and it's important that things
progr^ess in a quality manner^. I hope that the Commission
per^ceives the project as a quality pr^oject. Within less than a
mile of this pr^o.ject we've got a state highway that's going to be
four lanes and a turn lane that will be constructed in late
95/96. The whole ar^ea out here ss jerst growing and it's going to
change. Mr^. Hoyd also talked with the school district today and
they told him that they were wanting to have a grade school
somewher^e in the middle of that section. There is plenty of land
available in that section for a school site. I'm sur^e that with
proper^ planning and the new update in the Comprehensive Flan
MERIDIAN PLANNING RND ZONING
JUNE 8, 1993
RAGE 16
those types of things can be addressed. He alsa indicated that
as a developer he is in favor of a local real estate tr^ansfer fee
to s~_rpport the growth in otrr schools, park lands, etc..
Developer^ is willing to help the City out with a well site.
Johnson; Thank you. Anyone else?
Peggy Moyer, 2@15 E. Paradise, was sworn by the attorney.
Moyer: We live to the north of this in a subdivision and one
point of clarification, just to the north of this is not a five
acr^e s~.rbdivision. It is a far^mer who owns about 4@ acres, then
to the nor^th of him is a 55 acr^e parcel that has been divided
into 5 acre parcels. I believe that that gentleman has expressed
the desire that this pr^oject go because then he's going to come
back and try to get a ssmilar thing with his project of 5@ acres,
which would greatly impact us because we're just north of him.
Concer^ns about impact on schools. Asks that project be delayed
until City has completed other- studies_
Johnson: Thank you. Anyone else?
Chris Williams, 4185 S. Linder Rd., was swot^n by the attorney.
Williams: I .just wanted to clarify for- the neighbors that live
to the nor^t h, the pr^i or lady that was wor^ried about growth going
nor^t h. The ccrrrent Mer^idian service planning area stops one
quay^ter^ mile nor^th of Ustick. I know that then^e ar^e plans to
change that to bring that a quarter mile south of McMillan but
that hasn't been passed yet. For growth in sewer services, water
and sewer^ to go nor^th of this pr^oper^ty, yotr can't do it at this
point and time because the City Service Planning Rrea is stopped
on that boundary.
Chair^man Johnson: Thank you. Anyone else
Leon Johnson, 157@ E. Ustick Rd., was sworn by the attorney.
Leon Johnson: If and when Locust Grove is to be widened in that
ar^e a, whey^e is the additional land to come fr^om?
Eng. Smith: Generally speaking half of the proper^ty will come
fr^om each side of the r^oad. As these subdivisions develop the
highway district will require a certain amount of right of way
from the center^ line of the existing r^oadway an the developing
side of the road to be dedicated for future road right of way.
MERIDIAN F?LANNLNG AND ZONING
JUNE 8, 1993
pAGE 17
Leori Johnson: Thank you. Then just one last question, I'm
assuming the paint to point annexation is within the
Comprehensive Plan approved, is that correct?
Crookston: The only restr^ictiorr far annexation is that the land
be contiguous to the City limits. tExplained - see tape)
Chairman Johnson: Thank you. Anyone else?
Diane Reaulieu, 1895 Star^ Lane, was sworn by the attorney.
Beaulieu: When we moved to the area just north of here, about
ten years ago we moved there because we wanted a certain
lifestyle. I think we need to really look at this and keep it
sore in the style of that whole area north of Locust Grove, one
acre or larger and work with the farmers.
Johnson: Thank you. Anyone else?
Jim Hollister, 3860 N. Locust Grove, was sworn by the attorney.
Hollister: I'm the fellow that awns the proper^ty directly north
of thls project and to my knowledge there isn't anything between
this project and our property and I would be happy to answer any
questions that you might have on that 50 acres regarding what the
condition is of that.
Crookston: How about access fr°om this subdivision into your,
whether it's five acres or more dense, do you desire that?
Hollister: I haven't given it any consider^ation to be quite
honest with you.
Johnson: Thank you. Rnyorre else? No response. I will close
the public hearing.
The Motion was made by Shearer- and seconded by Rlidjani to have
the attorney pr^e pare Findings of Fact and Conclusions of Law.
Motion Carried: All Yea:
ITEM 1111: FrUHLIC HERRING: REQUEST FOR ANNEXRTION AND ZONING TO
R-8 WITH CHRMRERLRIN FrRELIMINRRY PLRT HY KEVIN HOWELL:
~1
L~
MERIDIAN PLANNING AND 20NIN6
JUNE B, 1993
GAGE 18
~~
Johnson: I will open the F~t+blic Hearing. Is there a
r^e pr^esent ative pr^esent?
Jim Merkle, Hubble Engineering, 9550 Bethel Court, Boise, was
sworn by the attorney.
Merkle: This annexation and pr^eliminar^y plat pt^oposed is for^ 27
acres located directly north and contiguous to Chateau Meadows
Subdivision #8. Locust Gr^ove is on the west side of the
subdivisron and we*re appr^oximately a quarter mile south of
Ustick. We are proposing R-8 zoning for^ this project, which is
consistent with the Chatea~.+ Meadows S~.+bdivision to the south and
other subdivisions to the south and also everything on the west
side of Locust Grove. This subdivision contains 99 single family
residential lots, no multi-family ot^ duplex are proposed. This
gives a gr^oss density of about 3.6 lots per acre. The applicant
is proposing home sizes with a minimum of 1300 square foot.
Ranging in value from around E90 to 1120,000.00 and up from
there. SExplained fur^ther^ about lots sizes, accesses, comments -
see tape)
Alidjani: On the Engineer's comments, #13 which addresses the
diffict+lty concer^ning the island you have proposed.
Merkle: How we wot+ld address that is to provide extra width
there, provide maybe two lanes an each side of the island.
Alidjani: When you say you will provide extra width, what do you
have in mind?
Merkle: 24' on each side would probably provide you two twelve
foot lanes if you needed it.
Discussion - see tape.
Merkle: I guess for this layout, the only other optior~ we have
would be just to omit it. I know in other subdivisions we've
used 22 and 26 feet, that's something we can work out in the
final design with Gary.
Ro~_mtree: What's going on with Lot 13?
Merkle: The blue area was going to be our storm drainage
retention area and the rest of it at this point we don't know.
Possibly just landscape it and it would be the responsibility of
the Homeowners Association to maintain it.
MERIDLRN PLANNING AND ZONING
JUNE 8, 1993
PRGE 19
Discussion held - see tape.
Johnson: Thank you. Rnyone else?
Vet^n Rlleman, 21Q11 E. Ustick Rd., was sworn by the attorney.
Rlleman: I am a farmei^ and I .join this property. This property
.joins me to the west and to the south. One of the concerns is
that farming and subdivisions ai^e not compatible and I wonder-
what kind of pr^ovision is made to put up fencing? I prefer- chain
link fence between me and that. Rnother^ concer^n is that
presently we are on a rotating irrigation schedule with this same
property. I would like to know what they are going to do with
their 3t"'1"lgatlOn system. Our portion of that water would have to
be separated from that subdivision. Also, there's another
concern that tfee dr°ainage that goes thr^ough that land from
pt^operty adjoining it and I haven't hear^d an addressing of that
pt^oblem. Would lithe to see some kind of gr^andfather^ r^ights that
we can continue to farm and not be forced to leave our property.
Johnson: Thank you. Anyone else?
Joy Brown, 2795 Wingate Lane, was sworn by the attorney.
Frown: I own a farm that's directly east of this property and
there's a drain ditch that my property drains in and it's right
behind my barn and it's on this property so they would have to do
something about this dt^ain water. Chateau Subdivision is to the
south of me and all their^ tr^ash 61ows over into my farm. I would
like a fence separating my farm fr^om this subdivision if it's
possible.
Johnson: Rnyone else? No respanse. Rt this time I'll ask Gary
Smith to comment on drainage in genet^al.
Eng. Smith: The drainage ft^om pr^oper^ty coming into a parcel that
is Geing subdivided must 6e continued thr^ougr, the subdivided
parcel in an unobstructed manner. Provisions need to be made for
piping of the ditches, far entrance structures to catch trash or
clean out structures in the pipe system so that that pipe can 6e
maintained and the drainage water^ can continue to flow and this
of course per^tains to it^rigatian water- also. Rs far^ as street
drainage is concerned this is a e^esponsibility of the Rda County
MERIDIAN PLRNNING AND ZONING
JUNE 8, 1993
PAGE 2rD
Highway District as long as it is within the right of ways that
are being dedicated for^ the roadway system. If the drainage
facilities are located outside the road right of way that is
being platted then there needs to be a separate agr^eement made
between the Highway District and the Deve2oper^ far maintenance of
that drainage facility. I don't believe it's the responsibility
of a Homeowners Association to take care of a storm drainage
facility outside the right of way.
Alidjani: What would be your solution regar^ding this entr^ance?
Eng. Smith: I think a possibility would be to widen the r^oadway
at the island such that if the property owner or someone visiting
him is turning left across another lane that's exiting the
subdivision, at least he'd have a place to be so other^ vehicles
turning into the subdivision can get by him. I don't know what
that width needs to be.
Johnson: In terms of fencing there ar^e other^ options and we
can't specifically designate the type of material. Anyone else?
No response. I will close the Pu61ic Hearing.
The Motion was made by Shearer and seconded by Rlidjani to have
the attorney prepare Findings of Fact and Conclusions of Law.
Motion Carried: RI1 Yea:
ITEM #ic^^: PUBLIC HEARING: REQUEST FOR ANNEXRTION AND ZONING TO
R-H WITH COUGAR CREEK PRELIMINRRV FLAT HY PRTEL:
Johnson: I will now open the Pu61ic Hearing. Is there a
representative present?
Jim Merkle, Hubble Engineering, 9550 Bethel Crt, Roise, was
savor^n by the attor^ney.
Mee^kle: Clarified who applicant is for this project. This
particular annexation and preliminary plat proposal is for twelve
acres located directly north of and contiguous to the Tr^act
Subdivision and south of Pheasant Pointe Subdivision. Locust
Gr^ove is on the east side and we ar^e approximately a quarter mile
south of Ustick. We are proposing R-B coning far this project,
which is consistent with the s~_rrrounding area. This proposed
a
MERIDIRN RLRNNING AND ZONING
JUNE 8, 1993
PAGE 21
subdivision contains 35 single family r^esidential lots on twelve
acres. This gives us a gr^oss density of around 2.9 lots per
acre. The applicant is proposing home sues with a minimum of
1300 square feet, ranging sn value from f40 - E120,000.00 and up.
These particular- lots, since we do have a long Harr^ow piece of
ground there wasn't much we could do with the layout. The
proper^ty is approximately 350-380 feet wide so if we run one
single street down then^e, we get lot sizes of about 10,000 square
foot and up. Access to the property is very restricted. Our-
main entr^ance will be off of Locust Gr^ove and will line up to the
pr^o posed entry to Chamberlain Estates, which was the previous
application that you heard this evening. On our westerly side
the road will eventually go thr°ough the Borup pr^operty and tie
into the Tract Subdivision. What we are proposing to do is
provide a temporary culdesac at the end of the road. I'd be
happy to answer^ any questions. Regarding emergency secondary
access on that, that would be a concer°n because of the length of
the single access. SExplained sewer, water, irrigation,
comments, etc. - see tape)
Johnson: Have you made a decision on the pressurized irrigation
system?
Mer^kle: The applicant has stated that he does have inter°est in
it and we're going to look into that.
Johnson: Thank you. Anyone else? No response. I will close
the Public Hearing.
The Motion was made by Rountree and seconded by Shearer to have
the attorney prepare Findings of Fact and Conclusions of Law and
specifically addressing the goal relating to recreation
opport~_mity for a greenbelt in the conditions for this.
Motion Carried: R11 Yea:
ITEM #13: F~UBLIC HERRING: REQUEST FOR FOTHERGILL PRELIMINARY
F~LRT RF~F~ROVRL HY EWING:
Johnson: I will open the Public Hearing. Is there a
r-epr-esentative pr^esent who wishes to testify?
Gary Lee, 1UB Engineers, 250 S. Peechwood, Roise, was sworn by
the attorney.
MERIDIAN PLANNING
JUNE 8, 1993
PAGE ~,_'
AND ZONING
Lee: Rs your aware we had a public hearing a month ago
concerning the annexation issue which was addressed and you
passed the Findings of Fact on to the Council this evening.
Tonight is for^ the preliminary plat application for the
Fothergill Point Subdivision. Gave brief description of project
and addressed comments - see tape. Would like to stipulate
tonight that we will provide the lineal open space along the
Jackson Drain to accommodate the recreational facilities for- the
subdivision. We would be willing to wor^k with the City to
develop that pathway ttrr-otrgh there. If you have any q~.restions
I'd be glad to answer them.
Rountree: What's the timing on additional access?
Lee: Tract Subdivision at the northeast corner^ of Fothergill is
under^ design r^ight now and the final plat has been completed.
The street plans ar^e 90% complete and will be submitted within a
couple weeks to the Highway District. The actual constr^uctiorr
improvements for that portion will be done later this year or
finished up next spring.
Johnson: Thank you. Rnyone else?
Ver-I King, 2580 N. Meridian Rd., was sworn by the attorney.
King: I own property adjacent to this particular development,
they bar^der- me on the south and on the east. I do have same real
concerns about the type of development that his being planned. I
recognize that gr^owth is inevitable and it's important that we
plan for it. ] think the type of planning that is going on rs
criminal. As I observe what's taking place across the road in
Waterbur^y Subdivision and see how they are stacking one house
against the other it reminds me of a story that one of our^
neighbors out there tells. (Explained story to Commission - see
tape) Stressed impor^tance of quality of life that he has now.
Johnson: Thank you. Rnyone else?
Chris Williams, 4185 S. Linder Rd., was sworn 6y the attorney.
Williams: I want to reiterate also my feelings about the density
of this proposed subdivision. /Explained concer^ns about density
R lat sizes - see tape)
Johnson: Thank you. Rnyone else? No response. I will close
the ptrGlic hearing.
MERLDIAN PLANNING AND ZONING
JUNE A, 1993
PAGE 23
City Cler^k For•~r^ey: For the 6enef.t of the p~_iblic and also the
members of the Planning and Zoning Commission, the City of
Meridian just applied far a Federal Gr^ant and provided about
535,0N0.00 of matching funds to constt^uct a bike path along Five
Mile Creek from Linder Road back to Meridian Road. That's in the
pathway plan for the City of Meridian. Another link of that is
the Jackson Drain and that's one of the reasons that we felt
str^ong about making that t^ecommendation and they agreed to that.
Sorry fur the misunderstanding on the preliminary plat.
Johnson: Thank you,
The Motion was made by Rountree and seconded by Shearer to
recommend approval to the City Council pr°ovided all the comments
are met.
Motion Carried: All Yea:
Johnson: Three minute break: Meeting called back to or^der.
ITEM #(14: PUBLIC HERRING: REQUEST FOR RNNEXATION AND ZONING TO
I-L AND C-G F'LUS MID VALLEY BUSINESS F'RRK PRELIMINARY F'LRT BY
MRRY MOON:
Johnson: I will open the Public Hearing. Is then^e a
r^e pr^esentative present?
Gr^eg Johnson, 2433 Can-Ada Road, was sworn by the attorney.
Johnson: I'm with the West F'ark Company and the West Par^k
Company is the one proposing to develop this pr^o,ject. Mar°y Moon
is the current owner of the property. In my packet the only
comments that I had ft^om the City was a Memo from the Clerk
addressing the curr^ent Comprehensive Plan. In his comments he
ex pr^essed that it does not adequately address potential
commer^cial and industrial development in the ar^ea along Over^1 and,
east of Locust Grove Road. I differ with Wayne's opinion on
that. In my reading of the Comp. Plan it is quite specific that
it recommends mixed use, commercial and light industrial on that
strip bat^dered by the freeway and Overland Road. That's how I
read it. (Presented sketch to Commission and explained - see
tape? F!roposal to develop this ground as, on the east side a
driving range that would provide a mini golf course just to the
west of that with batting cages and then going towards Locust
Grove we would provide soave R.V. overnight parking for tourist
MERIDIAN PLRNNING AND ZONING
JUNE 8, 1993
PAGE 24
and other^s that could come in and use those facilities and then
the corner there being reserved for either a convenience store or
other commercial development there along Over^land. The pr^o posed
light industrial zoning would be in the Locust Grove and freeway
corner there on the northwest corner^ of the pr^oper^ty. There's
approximately 10 acres of industrial being requested and then the
commercial would be a 2N acre parcel there. (Rddressed traffic R
schools - see tape) Also in favor of the real estate transfer-
tax. (Explained further on project - see tape)
Rountree: Do you propose any kind of a barrier along the
interstate?
Greg Johnson: We will have landscaping. It will be
approximately and 8 foot berm that will be part of the building
landscaping. We don't plan on any concrete walls or^ anything
like that, no.
(Discussion - see tape)
Crookston: What are the land uses to the east and west of that
property?
Greg Johnson: To the east is currently farmed and to the west
there is a radio station, Northwest Pipeline and then right on
the freeway is that strip that's used for mobile home marketing.
Chairman Johnson: Thank you. Rnyone else to testify?
Michael Clar^k, 4Q98 N. Jullion Way, was sworn by the attorney.
Clark: This is a pro,7ect that we think will fit very well with
Meridian. First off, let me j~.rst go thr^ough a few of the items
that we have then^e. Of cour^se the driving range we feel is very
much in demand in the area and I think we'll attr^act a good
quality cliental to the area. Rlso we have in then^e batting
cages, practice green and bunker° and the miniature golf. This
would be excellent family entertainment. The R.V. park that is
proposed we feel would be an excellent addition to Meridian.
(Explained benefits of project for the City - see tape)
Johnson: Thank you. Rnyone else?
Ran Thomas, X600 E. Overland Rd., was sworn by the attorney.
MERIDIAN PLANNING AND ZONING
JUNE 8, 1993
PAGE 25
Thomas: I'd like to express my support for the annexation and
zoning change. I believe this land is designated far this type
of use and I do support this project.
Johnson: Thank you.
Dale Ownbyr 1195 E. Overland Rd., was sworn by the attorney.
Ownby: I am in s~.rpport of this project. (Further - see tape)
Johnson: Thank you. Rnyone else?
Clerk Forney: Explained Memor^andum given to Greg Johnson - see
tape.
Johnson: Anyone else? No response. I will close the Public
Hearing.
The Motion was made by Rlidjani and seconded by Shearer to have
the attor^ney pr^e pare the Frndings of Fact and Conclusions of Law.
Motion Carried: R11 Yea:
ITEM #15: F'UHLIG HERRING: REQUEST FOR PIEDMONT PRELIMINARY F'LRT
RPF'ROVAL HY RSIN AND STUECKLE:
Johnson: I will open the Public Hearing. Is there a
representative present?
Crookston: Owns property within 300 feet of this project and
will not be able to answer any questions on this.
Dave Roylance, 4619 Emerald, Boise, was sworn by the attorney.
Roylance: I'm a civil engineer t^e Presenting the applicant. The
project is located near the NE corner of Linder and Pine. It's
an in-fill area of 4.3 acres containing 1E. lots. Current City
zone is R-4. A11 lots met the dimensional standards of the zone
with the exception of a landscaped lot that we show on the plat
that is not intended to be a building lot. There are 6 spr^uce
type tr^ees approximately 15-'0 feet high, it's the owners intent
to save those trees and use the^ as an entry area to the
subdivision. That's the reason for that odd lot on there. There
will be 15 buildable lots. (Explained services available -
comments will be met - see tape) I'd be happy to answer any
questions.
MERIDLRN PLRNNING AND ZONING
JUNE 8, 1993
PAGE 26
Hepper: What is the square footage of the houses?
Roylance: I would guess around 1300 square feet minimum.
Hepper: Gity Ordinance for R-4 is 1400 square feet minimum.
Roylance: Will change to 1400 then.
Discussion on road right of way - see tape.
Johnson: Thank you. Rnyone else? No response. I will close
the public hearing.
The Motion was made by Rountree and seconded by Shear^er^ to
recommend appr^oval of preliminar^y plat conditioned upon all
comments being met.
Motion Carried: R11 Yea:
ITEM #16: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING TO
R-4 WITH KENTFIELD MRNDR FrRELIMINRRY PLAT BY PERSONRLITY HDMES:
Johnson: I will open the Public Hearing. Is there a
representative present?
Dan Tor^f in, Hubble Engineering, 9550 Bethel Court, Boise, was
savor^n by the attor^ney.
Tor^f in: I'm here representing the applicant. This is
appr^oximately 18 acres located on the east side of Ten Mile Road
at the intersection of Chateau Drive, r^equesting a zoning of R-4
and a pr^eliminar^y plat. There are 56 single family lots with a
density of 3 units per acre approximately. Explained lot sizes.
Homes will comply with the R-4 zone requirement of a minimum of
1400 squar^e feet. (Explained str^e et s, services, schools - see
tape)
Hepper: Same question on house size?
Torfin: We will comply with the zone requir^ement.
(Discussion on lot frontages - see tape)
Johnson: Thank you. Anyone else? No response. I will close
the Public Hearing.
MERIDIAN PLANNING RND ZONING
JUNE 8, 1993
PAGE 27
~~
The Motion was wade by Shearer and seconded by Alid.jani to have
the attor^ney prepay^e Findings of Fact and Conclusions of Law.
Motion Car°ried: All Yea:
ITEM X117: PUBLIC HEARING: REQUEST FOR ANNEXATION RND ZONING TO
R-4 WITH ENGLEWOOD CREEK F'RELIMINARV F'LRT PY ENGLEWOOD
F'ARTNERSHI F':
Johnson: I will open the Public Hear°ing. Is there a
representative present?
Richard Jewell, 1082 Arlington, Eagle, was sworn by the attorney.
Jewell: tReviewed and discussed comments received from
agencies - see tape)
Eng. Smith: Advised of Wastewater Treatment Facility located
near this project and the passible odor^s that may be encountered.
Johnson: Thank you.
The Motion was made by Rountr^ee and seconded by Shearer to have
the attorney prepare Findings of Fact and Conclusions of Law.
Motion Carried: All Vea:
The Motion was made by Alid.jani and seconded by Rountree to
adjourn the meeting at i1:S3 F'. M.:
Motion Carried: All Yea:
(TAPE ON FILE OF THESE PROCEEDINGS)
MERIDIAN PLANNING AND ZONING
JUNE 8, 1993
PRGE 28
ATTEST:
U~ann~.n-~r.
WAYNE FORR Y, CITY CLERK
AF~F~ROVED:
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PUBLIC MEETING SIGN-UP SHEET
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BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION i,:-
STUBBLEFIELD CONSTRUCTION
ANNEXATION AND ZONING
SOUTHWEST CORNER OF USTICK ROAD AND CINDER ROAD
MERIDIAN. IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled annexation and zoning application having
come on for consideration on June 8, 1993 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 through
Arnold Stubblefield, 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 June 8, 1993 the first publication of
which was fifteen (15) days prior to said hearing; that the matter
was duly considered at the June 8, 1993 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 1
reference is incorporated herein; that the property is
approximately 80.17 acres in size; it is in the southwest quadrant
of the intersection of Ustick Road and Linder Road.
3. That the property is presently zoned by Ada County RT
(Rural Transition) and the proposed use would be for R-4
Residential type development and the Applicant has submitted an
application for subdivision approval.
4. The general area surrounding the property is used
agriculturally and residentially.
5. That the property is adjacent and abutting to the present
City limits.
6. The Applicant is the owner of record of the property.
7. That the property included in the annexation and zoning
application is within the Area of Impact of the City of Meridian.
8. That the entire parcel of ground is included within the
Meridian Urban Service Planning Area as the Urban Service Planning
Area is defined in the Meridian Comprehensive Plan.
9. That the Application requests that the parcel be annexed
and zoned R-4 Residential; that the present use of the property is
for agriculture; that the applicant indicated that the intended
development of the property is for an R-4 type subdivision and in
the subdivision Application stated the density would be
approximately 3.69 dwelling units per acre and that the square
footage requirement of 1,400 square feet for the R-4 District would
be met.
10. There were property owners in the immediate area that
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 2
testified objecting that the density was too high, that fences and
berms should be required before construction commences, that the
schools were already overcrowded, that a certain percentage of the
land, or dollars, should be set aside for parks, schools, police
and fire, that there was already problems with wells drying up so
the wells should be deep; that Linder Road should be widened.
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. The City Fire Department submitted the comment that some
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 3
of the roads within the subdivision would need turn arounds until
all the roads are connected.
16. The Ada County Highway District (ACHD) submitted comments
and they are incorporated herein as if set forth in full; that one
of its requirements was to submit a traffic study; ACRD also
requires that there be no direct access from subdivision lots to
section line roads and arterials.
17. That Wayne Forrey, City Planner submitted comments and
they are incorporated herein as if set forth in full; that he noted
several failures to comply with the Meridian Comprehensive Plan, of
particular note was the lack of adequate recreation facilities and
that land set aside for a future park would be desirable; that he
noted that the City was in need of land set-asides for future
public service use; that a school site was not reserved and the
subdivision, when developed totally, would contribute 379 children
to the School District; he additionally noted that there was no
provision for a greenbelt along Five Mile Creek and co-ordination
was needed with the Pathway Plan.
18. The Meridian School District submitted comment and such
is incorporated herein as if set forth in full; its comment was
that there is no excess capacity in the schools of the District and
that residents of the new subdivision could not be assured of
attending the neighborhood schools; the School District asked for
support for a development fee or a transfer fee to help offset the
costs of building additional schools.
19. That in 1992 the Idaho State Legislature passed
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 4
amendments to the Local Planning Act, which in 67-6513 Idaho Code,
relating to subdivision ordinances, stated as follows:
"Each such ordinance may provide for mitigation of the effects
of subdivision development on the ability of political
subdivisions of the state, including school districts, to
deliver services without compromising quality of service
delivery to current residents or imposing substantial
additional costs upon current residents to accommodate the
proposed subdivision.";
that the City of Meridian is concerned with the increase in
population that is occurring and with its impact on the City being
able to provide fire, police, emergency health care, water, sewer,
parks and recreation services to its current residents and to those
moving into the City; the City is also concerned that the increase
in population is burdening the schools of the Meridian School
District which provide school service to current and future
residents of the City; that the City knows that the increase in
population does not sufficiently increase the tax base to offset
the cost of providing fire, police, emergency health care, water,
sewer, parks and recreation services; and the City knows that the
increase in population does not provide sufficient tax base to
provide for school services to current and future students.
19. That pursuant to the instruction, guidance, and direction
of the Idaho State Legislature, the City may impose either a
development fee or a transfer fee on residential property, which if
possible would be retroactive and apply to all residential lots in
the City, because of the imperilment to the health, welfare, and
safety of the citizens of the City of Meridian.
20. The Bureau of Reclamation and the Nampa & Meridian
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 5
Irrigation District submitted comments and they are incorporated
herein as set forth in full; along with other comments both
agencies had concern over Five Mile Drain.
21. Gary Smith, City Engineer submitted comments and they are
incorporated herein as if set forth in full; he noted that the
property was contiguous to the present City Limits of the City,
that there may be a Flood Plain issue involved with the proposed
subdivision, that a domestic well was needed near the Ustick and
Linder Road which required a 100 X 100 lot for the well, and that
all drainage or irrigation ditches crossing the parcel shall be
tiled in accordance with the ordinance.
22. The Central District Health Department, Meridian Police
Department, the Nampa Meridian Irrigation District, and Idaho Power
Company also submitted comments and they are incorporated herein as
if set forth in full.
23. That the R-4, Residential District is described in the
Zoning Ordinance, 11-2-408 B. 3 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.
24. That the Applicant's representative stated that the homes
would have a minimum size of 1,400 square feet, that he would
commit to a well site and meet the policies of the City Engineer,
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 6
that he recommends a transfer fee, that he would comply with the
ACHD requirements and stated that the traffic study was already
completed, that he will work out an agreement with Nampa & Meridian
Irrigation District, that he would pay a park fee if required, that
he would meet the requirements of the City regarding Five Mile
Drain if the City implements that plan, he would have berms and
landscaping on the entrances, and he stated that there was no
planned amenities within the subdivision for recreation but would
implement if the City staff came up with a requirement.
25. That Section 11-9-605 C states as follows:
"Right-of-way for pedestrian walkways in the middle of long
blocks may be required where necessary to obtain convenient
pedestrian circulation to schools, parks or shopping areas;
the pedestrian easement shall be at least ten feet (10')
wide."
26. That Section 11-9-605 G 1. states as follows:
"Planting strips shall be required to be placed next to
incompatible features such as highways, railroads, commercial
or industrial uses to screen the view from residential
properties. such screening shall be a minimum of twenty feet
(20') wide, and shall not be a part of the normal street right
of way or utility easement;"
27. That Section 11-9-605 H 2. states as follows:
"Existing natural features which add value to residential
development and enhance the attractiveness of the community
(such as trees, watercourses, historic spots and similar
irreplaceable amenities) shall be preserved in the design of
the subdivision;"
28. That Section 11-9-605 K states as follows:
"The extent and location of lands designed for linear open
space corridors should be determined by natural features and,
to lesser extent, by man-made features such as utility
easements, transportation rights of way or water rights of
way. Landscaping, screening or lineal open space corridors
may be required for the protection of residential properties
from adjacent arterial streets, waterways, railroad rights of
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 7
way or other features. As improved areas (landscaped), semi-
improved areas (a landscaped pathway only), or unimproved
areas (left in a natural state), linear open space corridors
serve:
1. To preserve openness;
2. To interconnect park and open space systems within rights
of way for trails, walkways, bicycle ways;
3. To play a major role in conserving area scenic and
natural value, especially waterways, drainages and
natural habitat;
4. To buffer more intensive adjacent urban land uses;
5. To enhance local identification within the area due to
the internal; linkages; and
6. To link residential neighborhoods, park areas and
recreation facilities.
29. That Section 11-9-605 L states as follows:
Bicycle and pedestrian pathways shall be encouraged within new
developments as part of the public right of way or as separate
easements so that an alternate transportation system (which is
distinct and separate from the automobile) can be provided
throughout the City Urban Service Planning Area. The
Commission and Council shall consider the Bicycle-Pedestrian
Desion Manual for Ada County (as prepared by Ada County
Highway District) when reviewing bicycle and pedestrian
pathway provisions within developments.
30. That the Applicant submitted an application for a
preliminary plat along with the application for annexation and
zoning; that the preliminary plat did not show provisions for the
items out lined in the above five paragraphs.
31. That proper notice was given as required by law and all
procedures before the Planning and Zoning Commission were given and
followed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 8
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
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
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, Arnold Stubblefield, with the consent of the owner,
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 9
Stubblefield Construction, 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 and 11-9-605 M, Piping of Ditches; that the Applicant
will be required to connect to Meridian water and sewer, dedicate
the necessary land from the centerline of Ustick and Linder Roads
for public right-of-way as required by City Ordinance or ACHD
standards, which ever is the greatest requirement, deed to the City
a 100 X 100 lot for the placement and drilling of a City well by
the City; that the development of the property shall be subject to
and controlled by the Subdivision and Development Ordinance; that,
as a condition of annexation the Applicant shall be required to
enter into a development agreement as authorized by 11-2-416 L and
11-2-417 D; that the development agreement shall address the
inclusion into the subdivision of the requirements of 11-9-605 C,
G., H 2, K, L and the comments of the Planning Director, Wayne
Forrey, relating to the lack of adequate recreation facilities and
that land set aside for a future park would be desirable, that the
City is in need of land set-asides for future public service use,
that a school site was not reserved and the subdivision, when
developed totally, would contribute 379 children to the School
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 10
District, a greenbelt along Five Mile Creek and co-ordination was
needed with the Pathway Plan; that the development agreement shall,
as a condition of annexation, require that the Applicant, or if
required, any assigns, heirs, executors or personal
representatives, pay, when required, any development fee or
transfer fee adopted by the City; that there shall be no annexation
until the requirements of this paragraph are met or, if necessary,
the property shall be subject to de-annexation and loss of City
services, if the requirements of this paragraph are not met.
10. That proper and adequate access to the property is
available and will have to be maintained; that the turn arounds
suggested by the Meridian Fire Department shall be met; it does not
appear, however, from a review of the preliminary plat submitted
that there are a sufficient number of access points to Ustick Road
and this matter must be addressed prior to annexation and zoning.
11. That since the Applicant's property is in the CHERRY LANE
NEIGHBORHOOD of the Comprehensive Plan, the annexation and zoning
Application is in conformance with the Comprehensive Plan and does
not conflict with the Rural Areas policies.
12. It is concluded that the development, with a density of
3.69 dwellings units per acre, is an R-4 type development and the
property should be zoned in that fashion, upon meeting the
requirements of these Findings of Fact and Conclusions of Law.
13. Therefore, based on the Application, the testimony and
evidence, these Findings of Fact and Conclusions, and the
Ordinances of the City of Meridian, including the minimum house
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 11
size for the R-4 Residential District of 1,400 square feet, it is
ultimately concluded that Applicant's property should be annexed
and zoned R-4; 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 requirements of
these Findings of Fact and Conclusions of Law are not met, and
specifically if a development agreement is not entered into.
14. That all ditches, canals, and waterways required to be
tiled by City Ordinance 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 Ada County Highway District,
the Nampa Meridian and Settlers Irrigation Districts shall be met
as well the requirements of the Bureau Reclamation and the City
Engineer, and if not so met the property shall be subject to de-
annexation.
16. With compliance of the conditions contained herein, the
annexation and zoning or R-4, Residential would be in the best
interest of the City of Meridian.
17. That if the conditions of approval are not met the
property shall be subject to de-annexation.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 12
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
ALIDJANI
VOTED
VOTED ,,pc(.,
VOTED y,Q/~
VOTED ~~~
CHAIRMAN JOHNSON (TIE BREAKER)
DECISION AND
VOTED
The Meridian Planning and Zoning Commission hereby recommends
to the City Council of the City of Meridian that they approve the
annexation and zoning as stated above in the Conclusions of Law for
the property described in the application with the conditions set
forth in the Findings of Fact and Conclusions of Law and that if
the conditions are not met that the property be de-annexed.
MOTION:
APPROVED:
DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 13