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1994 04-269 0 0 0 0 0 0 0 le 0 0 0 0 0 0 0 0 0 0 0 0 9 0 0 0 Planning & Zoning Commission April 26, 1994 Page 17 Smith: No Forrey: Okay, it is under design and evaluation. Johnson: Thank you Wayne, anybody have anything else to add before I close the public hearing? Seeing and hearing nothing I will close the public hearing at this time. We need a motion regarding this conditional use application. Rountree: Mr. Chairman, I move that we table this item and renotice and rehear this request for a conditional use permit at such time that St. Lukes has the information available for the specifics. Hepper: Second Johnson: It is moved and seconded that we table this item until such time as the conditional use application with more detail is presented to the Planning & Zoning Commission, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: Does the Commission have anything else to bring up? Rountree: No Johnson: Entertain a motion. Rountree: Mr. Chairman, I move we adjourn. Hepper: Second Johnson: It is moved and seconded that we adjourn, all those in favor? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 7:02 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) 0 0 7 Planning & Zoning Commission April 26, 1994 Page 18 A JO SON, CHAIRMAN ATTEST: WILLIAM G. BERG, JR., CITY CLERK PUBLIC MEETING SIGN-UP SHEET 4.,, D Z(.,)97 NAME: PHONE NUMBER: 5----------------------- 88J- 3�1� -�- ---P - � c ------------ -------------------- --- - --- - - - - -- -(o r 6 -------------------- 1 - Pk q- lie � 'To- tw ORR 3�D o MERIDIAN PLANNING & ZONING COMMISSION MEETING: APRIL 26, 1994 APPLICANT: MERIDIAN ENERGY AGENDA ITEM NUMBER: 1 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW A ENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: E BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION MERIDIAN ENERGY, INC. CONDITIONAL USE PERMIT CORNER OF LOCUST GROVE ROAD AND PINE STREET MERIDIAN. IDAHO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing March 8, 1994, at the hour of 7:30 o'clock p.m., the Petitioner appearing through Bruce Thompson, Terry Mitchell, Eric Hanson, and Tom Pores, the Meridian 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 A. That a notice of a public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for March 8, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the March 8, 1994, hearing; that the public was given full opportunity to express comments and submit evidence; that copies of all notices were available to newspaper, radio and television stations; that the hearing was held, evidence and testimony was submitted by the Applicant and by the public. B. That the Applicant is Meridian Energy, Inc.; that the Applicant submitted its application for a conditional use which MERIDIAN ENERGY FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 1 E states as follows: "Meridian Energy, Inc. is proposing to build a 54 megawatt natural gas fired com[b]ined cycle cogeneration power plant with a thermal host consisting of a lumber remanufacturing, dry kiln and lumber warehouse facility. The lumber warehouse will include a planer line. See Environmental Assessment for detailed project information." C. Applicant submitted several documents in addition to the Application including a bound document entitled COGENERATION PLANT GENERAL DESCRIPTION, EQUIPMENT SPECIFICATION, HEAT BALANCE AND PROCESS FLOW DIAGRAM, AND AIR EMISSION CALCULATIONS, a bound document entitled ENVIRONMENTAL ASSESSMENT, a bound document entitled AIR OUALITY SCREENING ANALYSIS, and a bound document entitled ENVIRONMENTAL NOISE ANALYSIS; all of the above, including the application, are incorporated herein as if set forth in full. D. Applicant also, either by direct statement in the Application or by reference to other documents, sets forth the legal description of the property, proof of interest in the property, description of the existing use of the property, description of the proposed use of the property, characteristics of the property which make a conditional use desireable, and a statement that Attachments A and B of the Environmental Assessment need to be looked at to see the characteristics of the property which make a conditional use desireable. E. That the property is located within the City of Meridian and is owned by Bert Smith and Ed Bews; that Tricon Generating, Inc., has an option to purchase the property, which property is MERIDIAN ENERGY FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 2 9 • described in Attachment B to the Conditional Use Application; that Meridian Generating Company is a limited partnership and is the owner of the co -generation project; that Meridian Energy, Inc., is the general partner of Meridian Generating Company; that Tricon Generating, Inc. is a partner in the limited partnership of Meridian Generating Company and has agreed to transfer the option on the property at the closing of the financing of the project. F. That the property is bounded by Pine Street to the North and by Locust Grove Road to the east; that Locust Grove Road is listed as a minor arterial and Pine as a collector in the Meridian Comprehensive Plan; the property is south of Maws Addition, which is zoned residential, and Hi -Micro Tool, which is zoned Light Industrial, west of property owned by B. W. Inc., Layne of Idaho Inc. and Harold Ball, Trustee, north of property owned by the Madden Family Trust, which is zoned D-2 by Ada County, and east of property owned by Smith and Bews, which is zoned Light Industrial; that to the west, farther away, there are also homes; that the Union Pacific Rail Road runs along the southern portion of the property, there is residence south of the railroad tracks and west of Locust Grove Road, and also to the southwest is Builders Masonry Products whose property is zoned Light Industrial. G. That property is zoned Light Industrial (I -L) which is described in the Zoning Ordinance as follows: "(I -L) Light Industrial: The purpose of the (I -L) Light Industrial District is to provide for light industrial development and opportunities for employment of Meridian citizens and area residents and reduce the need to commute to MERIDIAN ENERGY FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 3 0 0 neighboring cities; to encourage the development of manufacturing and wholesale establishments which are clean, quiet and free of hazardous or objectionable elements, such as noise, odor, dust, smoke or glare and that are operated entirely or almost entirely within enclosed structures; to delineate areas best suited for industrial development because of location, topography, existing facilities and relationship to other land uses. This district must also be in such proximity to insure connection to the Municipal Water and Sewer systems of the City of Meridian. Uses incompatible with light industry are not permitted, and strip development is prohibited."; as is almost all of the land surrounding the Applicant's parcel but there are no light industrial uses in the area other than Builders Masonry Products. H. That the proposed use is for a 54 megawatt natural gas fired combined cycle co -generation power plant with thermal host lumber remanufacturing, dry kiln facility and lumber warehouse; that the generation of steam and electrical power is performed by burning gas, and if necessary because natural gas is unavailable, by burning #2 diesel fuel; the Project Information stated on pages 5 through 8 of the Environmental Assessment is particularly noted. I. That in the Applicant's Application it is stated that there would be four buildings or structures used for the lumber drying and warehouse facilities comprising 57,770 square feet and eleven buildings or structures used for the power plant buildings and related structures comprising 46,564 square feet for a total of 104,334 square feet. J. In Attachment A to the Application, the Applicant sets forth its analysis of how its project should be assessed under the Zoning Ordinance provisions for conditional uses, (11-2-418 C), how MERIDIAN ENERGY FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 4 u E it complies with the standards for industrial uses, (11-2-413 B), and how it conforms to the Meridian Comprehensive Plan. K. The Application also lists the property owners within 300 feet and the public utilities with ownership interests in rights - of -ways and attaches the project site plans. L. That the Applicant was represented by Bruce Thompson, Terry Mitchell, Erik Hanson and Tom Pores at the public Hearing and they all testified; that their testimony was basically as follows: 1. Bruce Thompson testified that this was a 54 megawatt cogeneration plant with an associated use of a kiln lumber drying facility; that he had an environmental assessment and that he has changes in it that which would be submitted later. He later testified that they plan to do extensive landscaping and beautification around the site; that the project was basically seventeen acres of which 15 acres were developable; that the property is vacant flat farmland; that the southern 1/3 of the parcel would be the power plant; the middle 1/3 the lumber remanufacturing, dry kiln and warehouse; the norther portion is the park land that they would develop: that the grass would be hydro - seeded; that they propose a very dense planting of poplar trees; Locust Grove Road would have a 41 foot improved section; that the main access would be off Locust Grove Road and that they would limit construction traffic to Locust Grove Road and Franklin and not on North Locust Grove Road and Pine; he stated that the lumber operation was not a lumber mill operation; that there would be four to eight trucks per day into the plant. Mr. Thompson further stated that the main portion of the plant is the power plant; that all of the rotating machinery and power equipment will be located inside the power house, nothing will be outdoors, and the boiler would be inside; that the building stands about 80 feet high, the stack is about 10 feet higher; that there would be about 16 employees and the lumber manufacturing area to start with would have about 15 employees and extend to 20; that the cooling tower was in the back of the project site in the south, away from the MERIDIAN ENERGY FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 5 9 0 residential area to the north, so that it could be buffered on both sides of the property line. He stated that they plan to build a 350,000 gallon diesel fuel storage facility; that if they had a period when the diesel was needed due to a cutoff of natural gas, diesel tanker trucks would be coming to the site. Mr. Thompson testified again at the end of the public hearing; he stated that as additional noise mitigation it would be possible to take the d K a mechanical cyclone off the top of the truck and put it on the ground level and that would improve the visual effects; he stated that such would be a positive measure that they could do; that if the City decided that Locust Grove Road was to be re- aligned Meridian Energy would have no problem with that; he addressed the noise from the planer and stated that the planer machinery, the motor, the knives and so forth could be put inside the building which cuts down the noise substantially; that there could be ice fog and ice crystals during an inversion; that they would work with the school district regarding the school bus traffic and their own traffic and would try to schedule deliveries in and out of the plant not to conflict with the bus traffic. 2. Terry Mitchell presented a video of the Applicant's Sumas, Washington, cogeneration plant; he also presented a picture slide presentation and during that presentation he stated that there was machinery that could be heard but that it was going to be housed inside a building which will reduce aesthetic problems as well as any sound problem; Mr. Mitchell also stated that three or four acres would be donated to the City for park land. 3. Erik Hanson, an engineer hired by the Applicant, testified as to noise and air effects of the plant; as to air quality, he stated that there is hreshold which when reached would require that t e plant off -set the particulate emissions; that the particulate emissions from the plant are approximately 25% of that threshold and it is considered to be a minor source contributor by the Idaho Division of Environmental Quality; in another test for air quality, prevention of significant deterioration, he stated that the emissions from a plant like this are too small for this project to be subject to those regulations; it is considered MERIDIAN ENERGY FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 6 9 0 to be minor source by EPA and IDEQ (Idaho Division of Environmental Quality). He stated that the permit process that does apply is the same process that applies to all industrial sources which is permission to construct and operate and that Applicant had applied for that permit and that it was pending. As to noise his testimony did not state exactly what the noise impacts were going to be; he did state: ". . . all I'm trying to say is that its approximately the same sound levels that we are observing today on an hourly bases."; he did state that " . . the power plant might be and the lumber operation might be 53 during the day, at night it drops down about 5 decibels so its down to 50." That the Applicant did submit its sound testing report and that report must guide the sound facts. 4. Tom Pores, an attorney for the Applicant, stated that he agreed with Wayne Forrey's comments and findings; that Exhibit A to the Application shows compliance with the Meridian Comprehensive Plan; that he desired that Forrey's comments be a foundation of the Findings of Fact and Conclusions of Law; that he agreed with most of the comments of Gary Smith, City Engineer, but that he did not agree with the water fees and that he desired to negotiate the water fees; that he had no objection to the use of the effluent water for City irrigation but did not want the Applicant to be responsible for the quality of the effluent water; that he supported the comments of ACHD except the alignment of Locust Grove Road; and that he desired a clarification of item number 8 and wanted compensation to the Applicant. M. That at the public hearing there were people testifying that had no association with the Applicant; that those persons testified as follows: Larry Sale of the Ada County Highway District (ACRD) testified about the location and alignment of Locust Grove Road; he stated that since the Meridian Comprehensive Plan showed Locust Grove Road as being straightened out, that is the way ACHD is planning; he testified again later and stated that if the alignment of Locust Grove Road MERIDIAN ENERGY FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 7 is changed ACHD would acquire half of the right-of- way at this time with no plans for immediate construction and they would enter into a license agreement to allow Applicant's use of the right-of- way pending construction; he also stated that due. to the amount of property tax Applicant would likely not pay an impact fee. 2. Ted Hanson stated that he was concerned about the easement for Idaho Power along the west boundary of the Meridian Energy property; whether an overpass was planned for Locust Grove Road to across I-84; he questioned how much water Applicant would use a day; and he questioned the useful life of stored diesel fuel. 3. Don Bryan stated that his concerns were over the water supply source, the air quality, and the truck traffic; he additionally stated that he did not want high power electrical transmission lines in front of his house which is on Locust Grove Road north of Fairview Avenue. 4. Dana Harper objected to high power electrical transmission lines going through neighborhoods where there were many people, particularly young children. 5. Tom Mercer testified that he also had concern over the electrical transmission lines and stated that it was a detraction of the aesthetics of Locust Grove Road neighborhoods to run the power line down the Locust Grove Road corridor. 6. Diane Beaulieu was concerned about the cooling tower and what would happen with the inversions that occur and would it cause poor visibility. 7. Malinda Harper had visited the Applicant's cogeneration plant in Sumas, Washington, and she testified that she feels like the Applicant is doing a good job and that she basically supported the plant but she does not like the Locust Grove Road power line route; she further stated that she did not want to see Locust Grove Road straightened out. 8. Dale Newberry stated that he had concern over whether the power line would create magnetic interference with his equipment at Hi -Micro Tool MERIDIAN ENERGY FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 8 which is across from the Applicant's property on Locust Grove Road; he also had concerns over bus traffic and the routing if Locust Grove Road is straightened out. 9. Greg Said of Idaho Power Company stated that Idaho Power Company will need to go through the City for siting of power lines and he stated the route was not detailed but stated the possible routes for the line. 10. Ted Hanson again testified that he thought the power line should go down the railroad tracks. 11. Tom Montrose testified that he agreed with the power lines going down the railroad right-of-way to the south of the project. N. That in the Meridian Comprehensive Plan at page 18, under Economic Development Goal Statement it is stated as follows: "Meridian seeks to stimulate, encourage and give preference to those types of economic activities and developments which provide for the employment of Meridian citizens and area residents, and reduce the need for people to commute to neighboring cities for work."; that at page 19 of the Meridian Comprehensive Plan, the Policies for the Economic Development Goal Statement are listed and the following are pertinent to this Application: 1. The City of Meridian shall make every effort to create a positive atmosphere which encourages industrial and commercial enterprises to locate in Meridian. 2. It is the policy of the City of Meridian to set aside areas where commercial and industrial interests and activities are to dominate. 3. The character, site improvements and type of new commercial or industrial development should be harmonized with the natural environment and respect the unique needs and features of each area. O. That the parcel is shown on the Meridian Comprehensive MERIDIAN ENERGY FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 9 E 0 Plan Generalized Land Use Map as a Mixed Use/Planned Use Development area; that on Page 21 of the Meridian Comprehensive Plan it is stated: "The land use element is based upon these objectives: . . . 4. Planned mixed uses along I-84, Franklin Road, U. P. Railroad, and Fairview Avenue corridors." P. That in the Meridian Comprehensive Plan at page 23 the Industrial Policies are stated; that the following are pertinent to this application: 1. Industrial development within the urban service planning area should receive the highest priority. 2. Access to industrial areas from collector and local streets will be discouraged. 3. Industrial uses adjacent to residential areas should not create noise, odor, air pollution, arid visual pollution greater than levels normally associated with surrounding residential activities. 4. Industrial development should be encouraged to locate adjacent to existing industrial uses. 5. Industrial areas should be located within proximity to major utility, transportation and service facilities. 6. Industrial uses which require the storage or the production of explosive or hazardous materials should not be located near residential areas, and should conform to disposal, spill and storage measures outlined by the U. S. Environmental Protection Agency. 7. Industrial uses which require the storage or production of explosive or toxic materials should be excluded from any area which has a potential of flooding from natural runoff or canal breakage. 8. Industrial uses should be located where discharge water can be properly treated or pre-treated to eliminate adverse impacts upon the City sewer treatment facility and irrigated lands that receive MERIDIAN ENERGY FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 10 industrial runoff water. 9. Industrial uses should be located where adequate water supply and water pressure are available for fire protection. Q. That in the Meridian Comprehensive Plan at page 24 the policies for the Eastern - Light Industrial Review Area, in which the parcel is located, are stated; that the following are pertinent to this application: 1. The character, site improvements and type of light industrial developments should be harmonized with the residential uses in this area. 2. Land uses within the Eastern Light Industrial Review area must by clean, quiet, and free of hazardous or objectionable elements. 3. It is the policy of the City of Meridian to encourage and promote light industrial development in the Eastern Light Industrial Review Area. R. That in the Meridian Comprehensive Plan under NATURAL RESOURCES and HAZARDOUS AREAS, Natural Resources and Hazardous Areas Goal Statement, Environmental Enhancement Goal Statement, Policies 5.2 and 5.77, at page 32 and 33, it states as follows: 5.2 The environmental impacts of both public and private projects should be evaluated carefully prior to their approval. Projects with environmental problems should only be approved after written guarantees are provided by the applicant which will mitigate potential adverse impacts of such development. 5.7 Runoff shall be controlled on or integrated into a watershed plan in a manner to maintain natural runoff rates, reduce erosion and road hazards and to maintain the area's water quality and recharge capabilities. S. That in the Meridian Comprehensive Plan under PUBLIC SERVICES, UTILITIES and ENERGY RESOURCES, Economic Development Goal MERIDIAN ENERGY FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 11 Statements, at page 39, it states as follows: "Achieve an expanding economy which provides entry level, semi -skilled job openings for existing and future residents. Diversify the community's industrial base to achieve upward employment mobility, higher wages and a wider range of job opportunities. Reduce employment dependence of neighboring communities." T. Also in the Meridian Comprehensive Plan, Locust Grove Road, between Franklin Road and Ustick Road, is listed a minor arterial; that under Street Reclassification Statement, Policies, at page 54, it is stated that it is a desire to have Locust Grove Road from Fairview to Overland designated as a minor arterial; that this means that there is a desire for an overpass of the freeway. U. That in the Meridian Comprehensive Plan under OPEN SPACE, PARKS and RECREATION, at page 59, under Park Acquisition Goal Statement, it is stated as follows: "Create new public recreation opportunities by acquiring new park land and expanding existing facilities that respond to the needs of the community. 2. Policies 2.1 Provide places for neighborhood outdoor recreation within walking distances. 2.2 Provide "change -of -pace" recreation in intensively used areas where open space is scarce and standard -size parks are difficult to obtain. 2.3U Neighborhoods within the City limits, with limited park land, will receive high priority for park acquisition and development. 2.5U New subdivision development, highway improvements, and all changes of land use will be considered as opportunities to: b. Negotiate for the acquisition of park MERIDIAN ENERGY FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 12 0 0 sites. C. Encourage the development of recreational open spaces and parks as part of new planned developments." V. That Section 11-2-413 B, PROVISIONS FOR COMMERCIAL AND INDUSTRIAL USES, of the Zoning Ordinance provides as follows: "No land or building in any district shall be used or occupied in any manner creating dangerous, injurious, noxious, or otherwise objectionable conditions which could adversely affect the surrounding areas or adjoining premises except that any use permitted by this Ordinance may be undertaken and maintained if acceptable measures and safeguards to reduce dangerous and objectionable conditions to acceptable limits as established by the following performance requirements: a. Fire Hazards: Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate fire -fighting and fire -prevention equipment and by such safety devices as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved as specified in the Uniform Fire Code and the National Safety Foundation publications. (1) The Applicant responded as follows: "All construction, including areas designed for storage of flammable materials, will conform to the Uniform Building code, Uniform Fire Code and the National Electrical Code with respect to all applicable fire prevention and safety standards. Adequate fire flows for fire protection will be provided by the City of Meridian." b. Radioactivity or Electrical Disturbances: No activity shall emit harmful radioactivity at any point adversely affecting the operation of any equipment at any point other than that of the creator of such disturbance. MERIDIAN ENERGY FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 13 (1) The Applicant responded as follows: "All Project electrical designs and connections will be prepared by qualified Idaho registered electrical engineers and inspected by the Idaho Department of Labor and Industrial Services (IDLIS) and Idaho power Company to prevent any electrical interference or other disturbances. Electrical system designs will be based on the system protection requirements of Idaho Power Company and various onsite test, including soil resistivity measurements and ground resistance measurements. Electromagnetic fields (EMF) are generated by transformers and power lines, but are not expected to cause any adverse effects due to the relatively low voltage (138kv) of the Projects's power lines. EMF and electrical interference have not been problem at other cogeneration facilities." C. Noise: Objectionable noise which is due to volume, frequency, or heat shall be muffled or otherwise controlled. Air-raid sirens and related apparatus used solely for public purposes are exempt from this requirement. (1) The Applicant responded as follows: "Noise from the turbines will be muffled and contained within enclosed structures, with decibel ratings guaranteed by manufactures. The Environmental Noise Analysis attached to the Environmental Assessment demonstrates that Project noise levels will dissipate to less than 50 dBA (A -weighted decibels) in the residential areas to the northwest, north, and east. Increases in 24-hour average sound levels are anticipated to be 4 dBA or less at all 5 locations studied by the consultant. Based on EPA criteria, the noise increase would be considered a slight impact. The Environmental Noise Analysis also demonstrates that Project noise emissions will not materially change existing noise MERIDIAN ENERGY FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 14 0 0 levels in the surrounding residential neighborhoods." d. Vibration: No vibration shall be permitted which is discernible without instruments on an adjoining lot or property. (1) The Applicant responded as follows: "The Project will be designed and constructed to avoid discernable vibrations on adjoining lots. Machinery with moving parts will be installed on foundations designed to prevent vibrations." e. Air Pollution: Air pollution shall be subject to the requirements and regulations established by the Health Authorities. (1) The Applicant responded as follows: "A Permit to Construct and a Permit To Operate will be obtained from the IDEQ in compliance with the Federal and State Clean Air Acts and implementing regulations, including the State Implementation Plan (SIP) for particulate matter (PM10). (See Application for Permit To Construct, filed with the City of Meridian). The Project's low emissions put it into the category of a "minor" source of pollution. The Project will comply with New Source Performance Standards (NSPS) and will incorporate Selective Catalytic Reduction (SCR) which is Best Available Control Technology (BACT) for reducing NOx (nitrogen oxide) emissions. Overall, the Project will meet or exceed the requirements of the IDEQ regulations." Glare: No direct or reflected glare shall be permitted which is visible from any property outside an industrial district or from any street. (1) The Applicant responded as follows: "Non -glare glass will be used in the construction of Project buildings. Night MERIDIAN ENERGY FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 15 0 0 and security lighting will be designed to avoid spillover of light onto residential properties and streets. Outdoor security lighting will be limited to meet safety requirements and lights will be aimed down and away from residential areas. g. Erosion: No erosion by man, wind, or water shall be permitted which will carry objectionable substances onto neighboring properties. (1) The Applicant responded as follows: "The Project will apply for an NPDES (National Pollutant Discharge Elimination System) stormwater discharge permit from EPA, and will prepare and implement a Stormwater Pollution Prevention Plan to control erosion and sediment runoff during the construction and operation of the Project. "A drainage plan will be prepared and implemented to avoid erosion and discharges of objectionable substances onto neighboring properties. The Project will apply for an NPDES stormwater discharge permit from EPA, and will prepare and implement a Stormwater Pollution Prevention Plan to control erosion and sediment runoff during the construction and operation of the Project." h. Water Pollution: Water pollution shall be subject to the requirements and regulations established by the Health authorities. (1) The Applicant responded as follows: "EPA regulates discharges of industrial process wastes into waters of the State of Idaho. The Project will apply for a NPDES permit to discharge cooling tower water into the Evans Drain managed by the Nampa and Meridian Irrigation District. The Project's cooling tower water will contain no objectionable substances, and consists only of ground water obtained MERIDIAN ENERGY FINDINGS OF FACT CONCLUSI- 0 0 from the City of Meridian which has been cycled throughout the cooling tower an average of 5.6 times. Analysis of the water chemistry of the Project's cooling system demonstrates that the discharge will comply with water quality standards for Idaho waters. 2. Enforcement Provisions: The Administrator, prior to the issuance of a Certificate of Zoning Compliance, may require the submission of statements and plans indicating the manner in which dangerous and objectionable elements involved in the processing and in equipment operations are to be eliminated or reduced to acceptable limits and tolerances; 3. Measurement Procedures: Methods and procedures for the determination of the existence of any dangerous and objectionable elements shall conform to applicable standard measurement procedures published by the American Standards Institute, New York, the Manufacturing Chemists' Association, Inc., Washington, D.C., the United States Bureau of Mines, and the Health Authority; Section 13.03." W. That Section 11-2-418 C, GENERAL STANDARDS APPLICABLE TO ALL CONDITIONAL USES, of the Zoning Ordinance provides as follows: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and shall find adequate evidence showing that such use at the proposed location: 1. Will, in fact, constitute a conditional use as determined by City policy. a. The Applicant responded as follows: "Diesel fuel storage is specifically listed as a conditional use pursuant to Zoning Ordinance Section 2-409 C (bulk storage (flammable liquids or gases)), natural gas-fired combined cycle combustion turbine power generation is within the Zoning Ordinance definition of Industrial, which included "the production of power", and best fits within the definition of "Processing Plants", a conditional use; steam - MERIDIAN ENERGY FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 17 0 0 heated lumber drying and remanufacturing is also a type of processing plant; and lumber storage is a permitted use." 2. Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance. a. The Applicant responded as follows: "See Section I. C. below." This refers to compliance with the Zoning Schedule of bulk and Coverage Controls. 3. Will be designed, constructed, operated and maintained to be harmonious and appropriate in ap- pearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area. a. The Applicant responded as follows: "The Site Plan, submitted with this application, demonstrates that substantial buffers and setbacks in excess of those required by the Zoning Ordinance have been provided to insure harmony with the existing character of the general vicinity. A 3.2 acre tract closest to existing residential areas will be dedicated to the city of Meridian for use as a City park. The Site Plan, including landscape features and setbacks, and Environmental Assessment, and its technical exhibits, demonstrate that there will be no significant sound, odor or visual impacts to neighboring properties from the industrial operation. The Project is not out of character with other industrial uses in the vicinity or the Union Pacific Railroad right- of-way." 4. Will not be hazardous or disturbing to existing or future neighboring uses. a. The Applicant responded as follows: "No toxic or hazardous materials will be used or stored at the site except in accordance with applicable State and Federal laws designed for the prevention of spills. In MERIDIAN ENERGY FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 18 0 0 particular, the diesel fuel storage tank will be designed and operated to specifications by the U. S. Environmental Protection Agency (EPA) and the Uniform Fire Code; a Spill Prevention and Countermeasures Plan will be prepared in compliance with EPA regulations, 40 CFR 112; and lubricants and water treatment chemicals will be stored according to EPA, IDEW, and IDLIS standards. 5. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services. a. The Applicant responded as follows: "Streets and highways. Maximum daily vehicle trips to the site are estimated to be 59 per day, which is not expected to decrease the level of service on nearby roads, including Franklin, Locust Grove Road and Pine Street. The Ada County Highway District (ACHD) will improve Locust Grove Road and pine street concurrent with project construction. Meridian Energy will, as part of the construction of the Project, dedicate right- of-ways to ACHD for these improvements. The Project will have no significant impact on streets and highways. "Police and Fire Protection. The generation facility will operate continuously, with a staff of 16 persons and an average operating staff of 4 persons on three shifts. Existing police services are adequate for the Project. Minimum standards for fire protection will be met onsite by sprinkler and alarm systems and a new well to be cost shared by the Project and the City. Drainage. A drainage plan has been prepared for the approval of the City of Meridian Public Works Department and the Nampa and Meridian Irrigation District. The Project will apply for an NPDES storm water discharge permit from EPA, and will prepare and MERIDIAN ENERGY FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 19 0 0 implement a Storm Water Pollution Prevention Plan to control erosion and sediment runoff during the construction phase and operation of the project. Water and Sewer. The Project will require about 567,360 gallons of water per day. The City has been issued a water right permit for an additional well to supplement existing supplies to insure adequate water service to the Project and existing water customers of the City. The City has adequate sewer capacity for the Project's domestic sewage, which will be discharged to the City's sewer system. Cooling tower water discharges in the approximate amount of 144,000 gallons per day will be discharged to Evans Drain in accordance with pretreatment conditions and plans to be approved by the Nampa and Meridian Irrigation District and EPA NPDES permit. Refuse Disposal. Solid wastes from the Project's dry kiln operation will be disposed of at a nearby landfill. The Project will not store or generate hazardous or toxic wastes. 6. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. a. The Applicant responded as follows: "No additional public facilities or services are required for the project. The electrical generation facility will create 16 permanent jobs in the City and the lumber drying facility will create another 15 permanent jobs. Approximately 60 construction jobs will also be created by the Project, including hiring of local labor. Both facilities will generate substantial tax revenues and jobs, which are a vital contribution to the economic welfare of the community." 7. Will not involve uses, activities, processes, materials, equipment and conditions of operations that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare MERIDIAN ENERGY FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 20 i • or odors. a. The Applicant responded as follows: "No excessive production of traffic, noise, smoke, fumes, glare, or odors is expected from the Project. See Environmental Assessment for discussion of Project impacts." 8. Will have vehicular approaches to the property which shall be so designated as not to create an interference with traffic on surrounding public streets. a. The Applicant responded as follows: "Vehicular approaches, as shown on the Site Plan, will be approved by the ACHD so as to avoid interference with traffic on surrounding streets." 9. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. a. The Applicant responded as follows: "There are no natural or scenic features of importance on the site. The site is currently vacant and has been used for agriculture. X. The Environmental Assessment has been incorporated into these Findings but the following, from the AFFECTED ENVIRONMENT Section, must be pointed out: 1. The Project will require that a natural gas pipeline be constructed to the Project; that it would be a 4.5 mile line coming from approximately Black Cat Road; that there are alternative pipeline routes of which one is down the Union Pacific Railroad right-of-way and the other is down ACHD right-of-way. 2. The co -generation plant cooling tower water requirements total 191,808 gallons per day. 3. The projects domestic and industrial water usage total 204,249,600 gallons per year. MERIDIAN ENERGY FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 21 0 9 4. The Applicant states, "It is expected that the City would provide the following services to the project: (1) Sell water to Meridian Energy to meet all projects water requirements; (2) Collect and treat the projects sanitary waste, and; (3) Construct and maintain all necessary water and sanitary sewer lines to the project boundaries. Consequently, no sewer or water lines would have to be constructed off the site by Meridian Energy. Existing water and sewer lines are located on Pine Street and Locust Grove Road. A second sewer line is located in an easement along the projects south boundary." 5. The project would generate approximately 144,000 gallons of non -contact water per day; a national pollutant discharge elimination system permit for discharge of the cooling water has been applied for from the Environmental Protection Agency; and Meridian Irrigation District has indicated that if E.P.A. and the Idaho Department of Health and Welfare approve the waste water discharge to Evans Drain, they would consider issuing a license or franchise to use the drain as a disposal source. 6. The Idaho Department of Health and Welfare has jurisdiction over air quality in the City of Meridian and in Ada County. 7. The Applicant states, "The project is a non -major facility since it would emit less than 100 tons per year of any criteria air pollutants"; Table 6 on page 28 of the Environmental Assessment, states that the Meridian Energy Project would be well within national and state limitations for pollutant/criteria. 8. Idaho does not have any noise limitations; Washington and Oregon do have, and the noise emitted from the Meridian Energy, Inc. facility has been compared to Oregon's and Washington's limits. 9. The project would comply with Washington's daytime sound level limit of 62 dBA at all five residential receivers. Night noise at location three (3) on the east side of Locust Grove Road across from the lumber warehouse is 2 dBA higher than the Washington limit of 52 dBA for residential receivers, but well below the 72 dBA that is applicable to industrial property. Similarly, MERIDIAN ENERGY FINDINGS OF FACT S CONCLUSIONS OF LAW Page - 22 project noise would meet Oregon's day and night limits at all locations except location three (3). 10. Increased traffic noise resulting from ACHD's planned road improvements from Fairview Avenue to Franklin Street and Pine Street to Cloverdale Road, could be more of an environmental impact than noise created by the Applicant's project. 11. The Applicant states that all water needed for the facilities operation would be obtained from an artesian well (#16) that the City is going to put in place. The new well will be tied to the City's existing distribution system and elevated storage facility. 12. The project will pay for a portion of the water well improvements needed to insure an adequate supply of municipal water for the project. 13. Sanitary waste water would be discharged to the City municipal sewer system. 14. Traffic entering and leaving the project would be restricted to using Locust Grove Road. No access would be available on Pine Street, since a 3.2 acre neighborhood park would be dedicated to the City next to Pine Street. Two (2) commercial driveway openings to the facility are proposed for Locust Grove Road. 15. During construction, the project would limit truck and vehicular traffic to Franklin Street and Locust Grove Road to reach the site. Pine Street and Locust Grove Road to Fairview Avenue would not be used by construction traffic to provide materials and supplies to the Project. Construction work hours would be limited to 7:00 a.m. in the morning to 6:00 p.m. in the evening, six (6) days a week. 16. The power plant facility would employ sixteen (16) working three ( 3 ) shifts per day, seven ( 7 ) days per week. The dry kiln lumber facility would employ fifteen (15 ) people working one (1) shift per day, five (5) days per week. The dry kiln operation is expected to dry about one million board feet per month of wood products which would generate about 4 to 8 truckloads per day depending on the type and size of the tractor trailer equipment. MERIDIAN ENERGY FINDINGS OF FACT S CONCLUSIONS OF LAW Page - 23 E 1�1 Y. The Environmental Assessment has been incorporated into these Findings but the following from the ENVIRONMENT IMPACTS OF THE PROPOSED ACTION Construction Impacts Section must be pointed out: 1. The proposed construction of the Project would not conflict with current land uses or the Meridian Comprehensive Plan. Installation of the gas pipeline would impact some business activities along the route during the construction period. 2. Air emissions during construction would consist primarily of particulate matter from construction work. During construction the Project would use a dust retardant or water on site roads to mitigate dust emissions. 3. Construction of the cogeneration and lumber drying facilities would cause some additional noise in the area, however the noise impact would be temporary and construction time would be limited. 4. The examination of the site did not indicate the existence of wetlands. 5. A work force of from 10 to 55 persons would be needed over a 14 -month period. Z. The Environmental Assessment has been incorporated into these Findings but the following from the ENVIRONMENT IMPACTS OF THE PROPOSED ACTION, Operational Impacts Section must be pointed out: 1. The impact of emissions from the Project on ambient air quality was assessed by the dispersion model. A conservative analysis indicated that incremental criteria and toxic air pollutants potentially emitted by the Project would not significantly deteriorate ambient air quality. The analysis also concludes that the facility would not significantly contribute to a violation of any State of Idaho ambient air quality standards. Although the facility is located within a PM -10 non -attainment area, relatively higher Project contributions were MERIDIAN ENERGY FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 24 0 0 not found to occur under the stagnation conditions associated with past violations in Boise or Ada County. 2. The results of the McCulley, Frick and Gilman, Inc., noise levels setting near the boundaries of the site and within the residential areas on Pine Street and Locust Grove Road indicate the daytime sound levels including the project, would range from 53 to 62 dBA at the nearest residences. This is comparable to the measured daytime sound levels. Night sound levels would be 5-8 dBA lower, ranging from 48 to 54 dBA. This level is higher than typical night sound levels today. 3. A number of steps have been taken in the site selection and plant design to reduce noise from the project. First, a site designated for industrial development in the City's Comprehensive Plan, was selected for the project. Second, the plan is designed such that the noisiest components (the power generating equipment), would be as far as possible from the residential area north of Pine Street. Third, the northern most portion of the site was set aside for a city park rather than additional industrial facilities. Fourth, noise generated by trucks would be minimized because the driveways to the site are located on Locust Grove Road rather than Pine Street. 4. Additional steps have been incorporated into the equipment selection to reduce noise impact. First, the gas turbine generator, the steam turbine generator, the heat recovery steam generator, and the electrical control room have been enclosed within a building. The turbines and heat recovery steam generator are commonly located outside. Their enclosure is likely to reduce noise by 10 dBA. 5. The projected noise levels at the nearest residence would be within commonly accepted environmental noise criteria. Although the noise levels will increase slightly at night over the existing levels, the surrounding properties, and in particular, the residential land uses to the north and east of the site would not be significantly impacted. A review of the calculated sound levels in Table 11 indicates the project would comply with MERIDIAN ENERGY FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 25 Washington's daytime sound level limit of 62 dBA at all five residential receivers. Night noise at location 3 on the east side of Locust Grove Road across from the lumber warehouse is 2 dBA higher than the Washington limit of 52 dBA for residential receivers, but well below the 72 dBA that is applicable to industrial property. Similarly, project noise would meet Oregon's day and night limits at all locations except location 3. 6. Analysis of the City's well water and development of waste water chemistries indicates the Project's waste water would comply with the IDHW water quality standards; the project would construct containment areas for diesel fuel storage and storage of other hazardous materials. The tallest feature on the site would be the 90 - foot tall exhaust stack. The next tallest structure would be the power plant building and the lumber storage building truck dump. These structures would be 30-80 feet high. The top of the cooling tower would be about 24 feet above ground. All other structures would be between 20 and 30 feet tall. The City has height limitations in the industrial zone of 40 feet. Several of the Project's buildings exceed this standard and a Variance from the Zoning and Development Ordinance would be needed to construct the buildings. Lighting at the site would be limited to that necessary for safety and security. The lights would be aimed away from any residential areas and the adjacent streets. 8. A major beneficial impact of the Project would be creation of 55 construction jobs, 16 full-time jobs for operation of the power plant and 15 full-time jobs for operation of the lumber -drying facility. About $1,200,000 in State sales taxes will be paid and construction expenditures in the region for wages, benefits, materials, equipment, and supplies will be in excess of $20,000,000 for a 14 -month construction period from August, 1994 to October, 1995. The Project would also add about $52,000,000 of assessed valuation to the City's tax base and generate about $900,000 in new property taxes to be distributed to City, County, and other local taxing districts. During the operating year the Project will pay out over $1,000,000 in wages to employees and purchase over $1,500,000 in spare parts, MERIDIAN ENERGY FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 26 was adjacent to an industrial facility of some type; that it was not a high pitched sound but a background dull noise much like traffic on a highway; he stated that he was confident that the project was compatible given the character of land use at the site. He stated as follows: "So, as Planning Director I made the recommendation that this be approved given the safeguards that have been presented in the environmental assessment, the noise document, the air quality document and all of the other operating permits that the State and Federal agencies and I think those should comprise our conditional use permit. I think its compatible at that location. AF. Wayne Forrey, the then Zoning Administrator, also submitted comments dated March 4, 1994; that said comments are set forth in full herein as follows; that many of his comments shall be noted herein as follows: "During October 1993, I traveled to Sumas, WA at my own expense to evaluate a similar industrial facility developed by Meridian Energy, Inc. in that City. I spent several hours with plant personnel, community members and City Officials. I came away from the Sumas facility impressed with the land use compatibility, visual quality and integration of this industrial plant into the neighborhood and community. As I have reviewed each of the documents submitted by Meridian Energy, I have made an objective evaluation considering the good and bad points of industrial development of this magnitude in Meridian, and at the specific proposed site. Here is a concise summary of my staff findings and recommendation: 1. The applicant has submitted complete applications for the required Preliminary Plat, Conditional Use Permit and Variance. 2. The applicant has fully coordinated the proposed project with local residents as requested by the City. 3. The applicant has kept City, Local, State and Federal agencies informed of issues and development MERIDIAN ENERGY FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 31 Ll 0 concerns throughout the application process as requested by the City. 4. The applicant has coordinated its work with the Maws Addition Homeowners Association as requested by the Association and City. 5. The Air Quality Screening Report is complete and categorizes the project as a "minor source" as defined and regulated by the Idaho Dept. Health and Welfare. 6. The Environmental Noise Analysis Report is complete and categorizes the project as a "slight impact" based on EPA criteria. Night noise levels, which are the sound levels of most concern to Meridian residents, are expected to be below the 72 dBA noise level which is the standard applicable to industrial property. I believe that the expected noise levels are within the noise assessment guidelines of the U.S. Dept. of Housing and Urban Development for industrial sound generators proximal to residential districts. The HUD Noise Standards have been previously used by the City in evaluating similar projects. 7. The Environmental Assessment is adequately documented and complete with the exception of consideration of 60 and 70 degree water discharged into the Evans Drain. Sections 6.4 and 7.2.1.3 need supplemental analysis which should be provided to the City as soon as possible. 8. The Environmental Assessment categorizes the proposed project as having "no significant adverse environmental impacts". Based on my professional experience and review of this document, I support this finding and statement, with the understanding that the City needs to review additional water analysis in sections 6.4 and 7.2.1.3. 9. The proposed project, separate components or in total, complies with the General Standards applicable to all conditional Uses as outlined in the City's Zoning and Development Ordinance, section 2-418 C. 10. The proposed project complies with the Performance Standards for Industrial Uses as outlined in the Meridian Zoning and Development Ordinance, section MERIDIAN ENERGY FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 32 0 0 2-413 B ... with the exception of Lighting Glare verification. The applicant needs to submit a lighting glare footprint drawing to verify no glare impact to adjoining residential properties. 11. The proposed project complies with the adopted Meridian Comprehensive Plan. This proposed project supports various Economic Development, Education, Land Use, Industrial, Natural Resources, Public Services, Transportation, Recreation and Community Design policies within the Comprehensive Plan. 12. The proposed project complies with Zoning Ordinance section 2-413 C, #4, pertaining to Bulk Storage of Flammable Liquids. 13. The proposed project complies with the City's Light Industrial Zoning District, (I -L) zoning. The project will be operated almost entirely within an enclosed structure as described in the Zoning and Development Ordinance. 14. The proposed project includes adequate screening and buffering as required in the Zoning and Development Ordinance. The proposed neighborhood park will adequately buffer and screen the project from the Maws Addition residential subdivision and local traffic using Pine Avenue. 15. The proposed project complies with the definition of,"Industrial" including processing and production of power uses. 16. The proposed Preliminary Plat contains three lots and is therefore eligible for processing as a combined "Preliminary/Final Plat". 17. The applications for Preliminary Plat, Conditional Use Permit and Variance comply with Zoning and Development Section 2-409, Schedule of Use control, regarding Bulk Storage of Flammable Liquids, Lumber Yards, Processing Plants and Warehousing. 18. The submitted Landscape Plan meets current ordinance requirements .... however, the Commission, Council and staff are updating portions of our landscape requirements. I recommend that the applicant retain a local, experienced landscape professional and submit an additional landscape plan showing specific indigenous species and MERIDIAN ENERGY FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 33 0 0 planting sizes. The staff is willing to work with the applicant while the City updates it's landscape ordinance. Specific Staff Recommendations: Based on these findings and determinations, I recommend that this proposed project be approved subject to the following supplementary safeguards as allowed in section 2-418 D of the Meridian Zoning and Development Ordinance: A. Applicant to resubmit a combined Preliminary/Final Plat for efficient development processing. B. Applicant to submit a detailed lighting plan showing glare pattern. C. Applicant to submit a detailed landscape plan showing species and planting sizes. D. Applicant to analyze Environmental Assessment, sections 6.4 and 7.2.1.3. and evaluate discharge temperatures to Evans Drain. E. Applicant agrees to allow the City of Meridian to incorporate the General Specifications, Noise, Air Quality and Environmental Assessment Documents into the Conditional Use Permit, if a permit is granted by the City. F. Applicant agrees to allow the City of Meridian to incorporate all appropriate agency regulations and permit requirements into the Conditional Use Permit, if a permit is granted by the City. The variance request is scheduled for a future City Council Public Bearing and I will be providing specific comments and a recommendation to the City Council prior to this hearing. As the site improvement plans and requested documents are prepared and submitted, City staff will review and approve as necessary to achieve a high quality project as called for in the Comprehensive Plan and in neighborhood meetings. This project will be subject to development review and Zoning Administrator and Building Inspector Checklists." MERIDIAN ENERGY FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 34 0 0 AG. The City Engineer, Gary Smith submitted comments dated March 4, 1994; that said comments are incorporated herein as set forth in full; that of particular note are Mr. Smith's comments regarding the water use; he states that use is projected to be 567,360 gallons per day which is equivalent to the use by 1,500 residential units; that the required water could come from a planned well which is planned to be located north and east of the property or from other nearby wells; Mr. Smith does not state the City of Meridian would have a problem in supplying sufficient water; Mr. Smith states that discharge water from plant operations will be separated into sanitary wastes, dischargeable to the City sewer and process water, dischargeable to the Evans Drain under an EPA-NPDES permit and that provisions should be made for the City to recapture the use of the water discharged into the Evans Drain. AH. That the Meridian Fire Department submitted comments dated March 3, 1994; that such comments are incorporated herein as if set forth in full; that of particular note are the following questions raised by the Department: 1. Fire hazards are the storage and handling of flammable and explosive materials. What are these materials and what fire fighting equipment is needed? 2. Adequate fire flows for fire protection. It is stated that 1,200 GPM is an adequate flow and the City has adequate water and pressure. The Uniform Fire Code (1991 Edition) requires a minimum flow of 1,500 GPM and that is without fire sprinkler flow and flow has to be determined by the type of building construction. 3. Foam system and foam for oil tank and size of tank. MERIDIAN ENERGY FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 35 4. What is the size of the ammonia tank and what is the use of this product? What prevention is required? 5. What is the fuel storage by the warehouse? AI. That the Ada County Highway District submitted comments dated March 2, 1994; that such comments are incorporated herein as if set forth in full; that of particular note in ACHD's comments are the following: 1. Drainage plans shall be submitted and subject to review and approval by the District. 2. The City of Meridian Comprehensive Plan has a goal to extend Locust Grove Road over I-84 as a connection from Franklin Road to Overland Road. . . . Pine Avenue is proposed to be upgraded from a collector to a minor arterial roadway. The District requirements reflect these changes. 3. The Ada County Ridge -to -Rivers Pathway Plan shows a future pathway along the Union Pacific Railroad which runs along the south boundary of subject parcel. AJ. That the following definitions in the Zoning Ordinance are pertinent to this Application: 1. Industrial - The manufacture, processing and testing of goods and materials, including the production of power. It does not refer to the growing of agricultural crops, or the raising of livestock, or the extraction or severance of raw materials from the land being classified, but it does include activities incidental thereto. 2. Manufacturing, Light - Industrial uses which are usually controlled operations, relatively clean, quiet and free of objectionable or hazardous elements such as smoke, noise, odor or dust; which operates and store within enclosed structurest . and which generate little industrial traffic and no nuisances. 3. Public Service Facility - Buildings, power plants MERIDIAN ENERGY FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 36 0 0 or substations, water storage tanks or reservoirs, public garages or storage areas, water treatment plants or pumping stations, sewage disposal or pumping plants, and other similar public service structures owned and/or operated by a public utility, railroad, or a municipal or other governmental agency. 4. Public Utility - Any person, entity or municipal department that is duly authorized to furnish to the public under regulation such as, but not limited to, electricity, gas, steam, telephone, transportation or water. AK. That the use proposed by Applicant is a 54 megawatt natural gas fired combined cycle cogeneration power plant with a thermal host consisting of a lumber remanufacturing, dry kiln and lumber warehouse facility. The lumber warehouse will include a planer line. These uses, other than the lumber related uses, are not specifically addressed in the Meridian Zoning Ordinance; Applicant has some conjunctive uses that are identified in the Application, such as diesel fuel storage, which is identified as a conditional use in the Light Industrial district and bulk storage of flammable liquids which are a conditional uses in the 1-L zone. AL. That 11-2-407 D, of the Zoning Ordinance provides as follows: "When a use is not specifically listed as a permitted use, such use shall be hereby expressly prohibited unless by application and authorization (as provided for under Conditional Use) it is determined that said use is similar to and compatible with listed permitted uses. Such uses may then be permitted as Conditional uses. AM. That sewer and water is available to the property. AN. That section 11-2-418 d. states as follows: "In approving any Conditional Use, the Commission and Council MERIDIAN ENERGY FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 37 • may prescribe appropriate conditions, bonds, and safeguards in conformity with this Ordinance. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the Conditional Use is granted, shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. The Commission and Council may prescribe a set time period for which a Conditional Use may be in existence." AO. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been given and followed. A. 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. B. 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. C. That power plants are public service facilities; that if operated by a public utility the power plant would be a permitted use in the Light Industrial District under design review; that Meridian Energy, Inc. is not a public utility; that the Applicant and use therefore fall under the other Zoning Ordinance provisions. D. That the lumber use includes drying, planing and remanufacture of lumber; such use can be construed as a lumber yard MERIDIAN ENERGY FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 38 0 0 which is a permitted use in that zone. E. That the storage of diesel, a flammable liquid, is a permitted conditional use in the Light Industrial District F. 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. G. That the use of the land for a cogeneration electrical facility is not a designated use under 11-2-409; since it is not a designated use it is prohibited unless by application and authorization (as provided for under Conditional Use) it is determined that said use is similar to and compatible with listed permitted uses and then it may be allowed as conditional use. H. If the use were operated by a public utility it would be permitted in the Light Industrial District with design review; the proposed use is therefore determined to be similar and compatible with listed permitted uses and may be allowed as a conditional use under 11-2-407 D 1. I. That 11-2-418(C) of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the Planning and Zoning Commission 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: MERIDIAN ENERGY FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 39 0 • a. The use, would in fact, constitute a conditional use and a conditional use permit is required by ordinance. b. The use is in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use; that the use should be harmonious with the Comprehensive Plan and the Zoning Ordinance and the surrounding area, including the residential area, if the conditions required herein are met and maintained and a variance is granted. C. If the use meets the requirements herein, and a variance is granted, the use apparently would be designed and constructed, to be harmonious in appearance with the intended character of the general vicinity. d. If the use meets the requirements stated herein the proposed use would not necessarily be disturbing to existing or future neighboring uses; that the proposed use should be continuously reviewed for compliance with the conditions stated herein e. The property has sewer and water service available and will be adequately served by essential public facilities. f. If the requirements stated herein are met the proposed use should not create excessive additional requirements at public cost for public facilities and services. g. If the requirements stated herein are met the use should 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, noise, smoke, fumes, glare or odors. h. That there should be sufficient vehicular approaches to the property so as not to create an interference with traffic on surrounding public streets. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. J. That Section 11-2-413 B, PROVISIONS FOR COMMERCIAL AND INDUSTRIAL USES, of the Zoning Ordinance provides as stated in the Findings of Fact stated above; that with regard to Section 11-2-413 MERIDIAN ENERGY FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 40 0 • B, it is concluded as follows: 1. Fire Hazards: The storage and maintenance of diesel, propane, gas and other flammable liquids shall be protected by adequate fire -fighting and fire -prevention equipment and by such safety devices as required in the Uniform Fire Code and the Life Safety Code. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved as specified in the Uniform Fire Code and the National Safety Foundation publications which means the diesel storage tank shall be located in the southern most area of the facility; the questions of the Meridian Fire Department shall be responded to and adequately answered to the satisfaction of the Meridian Fire Chief and Fire Marshall; that these questions shall be answered prior to the issuance of a building permit; that the fire protection for the diesel storage tank shall meet Uniform Fire Code and the Life Safety Code requirements. 2. Radioactivity or Electrical Disturbances: That there is no radioactivity known to exist by this proposed use; that the concerns are the electromagnetic fields that are acknowledged to be created by the electrical power plant; that all efforts shall be made to run the power lines down the Union Pacific Railroad right-of-way rather than down Locust Grove Road. 3. Noise: The Applicant shall meet the noise levels that their testing showed in the documents submitted would be met, which include meeting the Washington noise requirements, except at testing location 3, which still must meet the representations made at that location . 4. Vibration: The Applicant shall meet the vibration levels that their testing showed would be met. 5. Air Pollution: The Applicant shall meet the pollution minimums that their testing and reports showed would be met and that there shall be no offensive fumes, smoke or odor emitted from the property that are beyond the standards reference in Applicant's documents. MERIDIAN ENERGY FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 41 • 0 6. Glare: No direct or reflected glare shall be permitted which is visible from any property outside an industrial district or from any street and the detailed lighting plan showing glare pattern as mentioned by Wayne Forrey and any and all lighting shall be directed away from adjacent residential uses and shall be constructed such that it does not glare, or shine, on any surrounding residential property. 7. Erosion: No erosion is expected as a result of Applicant's proposed use but measures to prevent such should be followed. 8. Water Pollution: The Applicant shall meet the water pollution representations made in its documents and levels that their testing showed would be met. K. That it is concluded as a condition of the conditional use that the Zoning Administrator, prior to the issuance of a Certificate of Zoning Compliance, may require the submission of additional statements and plans indicating the manner in which dangerous and objectionable elements involved in the processing and in equipment operations are to be eliminated or reduced to acceptable limits and tolerances. L. That it is concluded as a condition of the conditional use that the Zoning Administrator shall, prior to issuance of an occupancy permit, require certification from appropriate regulatory and testing agencies, that all dangerous and objectionable elements that have been identified in the documents submitted by the Applicant, and any that have been noted since the issuance of the Certificate of Zoning Compliance until the request for Certificate of Occupancy Permit is requested, have been solved, eliminated, or adequately protected against. MERIDIAN ENERGY FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 42 0 0 M. That it is concluded that, as a condition, the Applicant must meet the conditions, findings and recommendations of Wayne Forrey stated in Paragraph AF of the Findings of Fact. N. That it is concluded that, as a condition, the Applicant shall obtain all the permits and approvals referenced in Paragraph AD of the Findings of Fact. O. That as a condition of the conditional use permit, if granted, the Applicant shall meet all of the representations that were made in the documents submitted by the Applicant. P. That the comments of the City Engineer, Fire Department and the Ada County Highway District, Nampa & Meridian Irrigation District if made, and other governmental agencies must be met and complied with, including the requirement of the Ada County Highway District that Applicant transfer to ACHD sufficient land for the extension of Locust Grove Road along the western boundary of Applicant's proposed facility; that this conclusion is not to be interpreted as a requirement that Applicant do so without compensation from ACHD or a requirement that Applicant shall not use the transferred land. Q. That as a condition of the conditional use, the Applicant shall comply with all of the Ordinances of the City of Meridian, including, but not limited to, the following Ordinances, to wit: 1. Zoning Ordinance 2. Subdivision and Development Ordinance 3. Uniform Fire Code 4. Uniform Building Code 5. Life Safety Code MERIDIAN ENERGY FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 43 6. Uniform Electrical Code 7. Uniform Plumbing Code 8. Uniform Mechanical Code R. That the conditions stated herein, or as ultimately set by the City Council, which they are encouraged to do to provide a complete and satisfactory review of Applicant's Application, shall be agreed to by the Applicant, in writing; that if they are not so agreed to, the Application should be denied. 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 ROUNTREE SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) VOTED VOTED VOTED VOTED VOTED MERIDIAN ENERGY FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 44 0 DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that the City Council review these findings and, if desired by the City Council, change, alter or amend the conditions stated herein, and that if the conditions are agreed to and met by the Applicant, the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that the City Council approve the conditional use permit, subject to the conditions in these Findings of Fact and Conclusions of Law. MOTION: 4 APPROVED DISAPPROVED: MERIDIAN ENERGY FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 45 E A G L E R O A D '........... _ .......................... supplies, and services from local businesses. The operations of the Project would have a beneficial economic impact on the City and the region. The Applicant, pertaining to electric and magnetic fields, states as follows: "All power lines and electrical transmission equipment produce electric and magnetic fields. Typical electric fields under a 138 kV -60 Hz electric line which Idaho Power proposes to build to the site from their Locust Grove Road substation would be about 1,000 volts per meter (1.0 kW/m) directly under the line to 0.50 kV/m at the edge of a 100 foot wide right-of-way. Typical fields under a 138 kV -60 Hz electric line would be less than 40 mG (millgauss) directly under the line to less than 10 mG at the edge of a 100 foot wide right-of-way. . . . There is not reason to assume, however, that the electric and magnetic field strengths would be any greater than those of any other 138 kV substations Idaho Power owns and operates in the area, the City of Boise or Ada County." AA. The Applicant submitted an Air Quality Screening Analysis; that the analysis is incorporated herein as if set forth in full; that the summary of the analysis states in part as follows: "The impact of emissions from the Project on ambient air quality was assessed by applying EPA"s SCREEN2 dispersion model. A Conservative screening analysis indicated that incremental criteria and toxic air pollutants potentially emitted by the Meridian Cogeneration Project would not significantly deteriorate ambient air quality. The analysis also concluded that the facility would not significantly contribute to a violation of any IAAQS (Idaho Ambient Air Quality Standards). Although the facility is located within a PMlo (particulate matter (greater than 10 micronum diameter)) containment area, the higher predicted project contributions were not found to occur under the stagnation conditions associated with past violations." AB. The Applicant submitted an Environmental Noise Analysis; that the analysis is incorporated herein as if set forth in full; MERIDIAN ENERGY FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 27 0 • that a review of the analysis indicates as follows, taken from page 13 of the analysis: "A review of the calculated sound levels in Table 7 indicates the project could comply with Washington's daytime sound level limit of 62 dBA at all five residential receivers. Night noise at location 3 (southeast corner of the parcel) is 2 dBA higher than the Washington limit of 52 dBA for residential receivers, but well below the 72 b at [cis] applicable to industrial property. Similarly thprojet noise would meet Oregon's day and night limits at all locations except location 3; if industrial uses 6re permitted at location 3, however, no noise regulations would apply." E34 AC. In the document entitled COGENERATION PLANT GENERAL DESCRIPTION, EQUIPMENT SPECIFICATION. HEAT BALANCE AND PROCESS FLOW DIAGRAM, AND AIR EMISSION CALCULATIONS emission controls from the equipment are stated as follows: 1. No emission control device is required for the water vapor from the cooling tower system. 2. No emission control device is required for the steam vapor from the dry kilns. 3. Noise generated from the safety relief vents will be reduced to an acceptable level by incorporating the use of silencers in the vent discharge design. 4. No emission control device is required for the air discharges from the compressed air station. 5. No emission control device is required for the propane vapors from the propane storage. 6. For the diesel oil storage tank vapors, the storage tank vent will incorporate a carbon canister with activated carbon to reduce emissions and volatile organic compound emission are expected to be minimal. 7. The major source of pollutants will be from the stack of the HRSG (Heat Recovery Steam Generator) MERIDIAN ENERGY FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 28 9 • in the cogeneration plant. There will be water injection of about 20,000 pound per hour which will control the nitrogen oxide concentration to no more than 60 ppmvd at 15 percent oxygen dioxide before entering the selective catalytic reduction system. The selective catalytic reduction system will allow the power plant to operate in compliance with current State of Idaho and Federal air quality regulation and is considered the best available control technology. 8. The lumber remanufacturing equipment will include an air filter and the worse case annual emissions will be 1,913.50 pounds per year and the emission control system will also include a cyclone separator to collect large particulate before entering the air filter. AD. In the Applicant's Environmental Assessment, at page 14 to 18, the Applicant states the permits and approvals that are necessary for the Project, in addition to the City's; that a review indicates as follows: 1. A variance from the City's forty (40) foot height restriction is required. 2. Other City, County, State, and other Federal Government approvals are needed to be issued to build and operate the gas pipeline, odor and storage tank, co -generation plant and lumber drying facility. 3. Ada County Highway District would have to approve a right-of-way permit to work in the public right-of- way and the streets bordering the property and would have to approve Applicant's storm drainage. 4. Ada County would have to approve construction of a portion of the 4.5 mile natural gas pipe -line and odor and tank building. 5. Nampa and Meridian Irrigation District would have to approve irrigation and drainage of the plant. 6. The Applicant would have to meet all requirements of the Idaho Division of Environmental Quality. MERIDIAN ENERGY FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 29 7. The waste water discharge would have to be approved by the Nampa & Meridian Irrigation District. B. Applicant will have to obtain approval for all storm water discharge. 9. Applicant will have to obtain all E.P.A. permits and licenses to have and maintain the diesel fuel storage tank. 10. Applicant will have to obtain the approval of the United States Army Corp of Engineers, for portions of its gas pipeline that pass through wet lands. 11. Applicant will have to obtain approval from the United States Department of Transportation for its pipeline construction. 12. Applicant will have to obtain all approvals from the Federal Energy Regulatory Commission, both for the construction and operation of the gas pipeline and for certification of a qualifying co -generation facility. 13. Approval of the Department of Energy for long-term authority to import Canadian natural gas into the United States. AE. That the then Zoning Administrator, Wayne Forrey, testified at the hearing and stated that Locust Grove Road is shown as a three lane road in its current place; that Map 3 shows a 2015 Locust Grove Road extension along the west edge of the Applicant's property; he stated that he thought that leaving the road where it is now and changing it in 2015 was compatible with the project; he further testified as to his trip to Sumas, Washington and his visit to the Applicant's plant there; he stated that he was impressed by the cleanliness; that he physically measured the sound and at 600 feet he could not hear the plant, at 400 feet he started to know that something was there and at 200 feet he definitely knew that he MERIDIAN ENERGY FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 30 Wayne S. Forrey, AICP Urban Planner and Development Analyst --2 =est Franklin Road - Meridian. Idaho 83642 Telephone (208) 387-6015 Fax (208) 887-6049 1. July 1993 - City determines two sewer priorities - Funded in 1993 - 1994 budget, 50K to 80K. a) Five Mile Trunk Sewer, b) Lift Station #1 2. December 14, 1993, City conducts sewer alternatives meeting to review Five Mile Trunk Sewer project. 63 in attendance. 3. January 1994 - City and St. Lukes agree to coordinate development plans in the "Eagle 11-84 Crossroads Area" a. City contacts 10 property owners - annexation path b. Hospital retains engineers and architects - planning underway 4. City identifies 6 properties as a potential annexation pathway to stimulate sewer development and commerce at the "Crossroads" 5. February 1994 - Property owners meet together and St. Lukes agrees to pay for the annexation pathway cost as suggested by the City. 6. Mar 1994 - Roylance combines the Peck, Thomas, Wurst, St. Lukes properties. 7. March 1994 - G.L. Voight and Hubble Engineers request annexation independent of the "Crossroads Annexation Path" 8. April 1994 - St. Lukes and E. L. Bews commence master planning of abutting land parcels....( Bews annexation June P&Z Hearing) 9. During research of the ITD Interchange ROW - Roylance and ITD determine that the interchange legal description includes property which abuts Peck. 10. The City's objective of stimulating commerce at the "Crossroads" can be achieved through the Voight - Peck - ITD - St. Lukes annexation pathway and construction of the Five Mile Sewer Trunk project. 11. The Thomas and Wurst properties can also be annexed into the City which meets their development desires and objectives. 12. Thomas Subdivision was approved years ago by the County subject to central sewer. Annexation into Meridian erases the old County approval. Planning Director comments are valid. Commerce at the "Crossroads" is planned. 13. Comprehensive Plan is a good place to start and a workable guide: a. Voight (R-4) quality development / school / park/ buffers b. Peck (C -G) quality business development and commerce c. ITD annexation ties the "Crossroads" together and allows quality planned mixed business uses at all quadrants. d. St. Lukes (L -O) supports Meridian's self - sufficiency e. Bews (MPUD) allows quality planned support development GLENN J. RHODES, Resident SHERRY R. HUBER, Vice President JAMES E. BRUCE, Secretary ilk TO: ACRD Commission FROM: Development Services INTER-DEPARTME1?T CORRESPONDENCE MERANXOV/DSTECH 4-21-94 DATE,': April 22, 1994 SUBJECT: Meridian Annexation Overland elo Locust ,Grove R-4 (Applicant - G.L. Voight, 1277 E. 17th St., Idaho Falls, ID 83404) (Representative - James C. Merkle, Rubble Engineering, Inc., 9550 Bethel Ct., Boise, ID 83709) PRELIMINARY PLAT NOT FINAL UNTIL APPROVED BY THE ACHD COMMISSION FACTS & FINDINGS: 1. G.L. VOight is requesting annexation into the City of Meridian for 91 acres of property located on the south side of Overland Road approximately 600 -feet east of Locust Grove Road. 2. GENERAL INFORMATION: ACRES - 97 ZONING - Residential R-4 (requested) 'ESTIMATED VEHICLE TRIPS PER DAY - Dependent on specific development plan TRAFFIC ANALYSIS ZONE. 286 L.F. OF FRONTAGE ON Overland -Road - 2,000 -feet MOST RECENT TRAFFIC COUNTS - None available FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Minor Arterial. ADA COUNTY RIDGE -TO -RIVERS PATHWAY PLAN - No pathway shown SXISTING RIGHT-OF-WAY - 50 -feet REQUIRED RIGHT-OF-WAY - 90 -feet (45 -feet from centerline) Overland Road is improved with 24 -feet of paving. IMPACT FEE BENEFIT ZONE - West Ada IMPACT FEE ASSESSMENT DISTRICT - NearRural 3. This site has no frontage along Charolais Drive. It is within 20 -30 -feet of said local street. The District may discaucage any proposed street connection from subject parcel to this ada county highway district 318 East 37th a Boise, Idaho 83714 • Phone (208) 345-7680 Meridian Annexation* overland e/o Locust GrOV R-4 April 22, 1994 Page 2 street. There is an irrigation lateral along the common bound- ary. 4. The requested zoning designation would allow development of this parcel into a single family residential subdivision of up to 360 new dwelling units. A traffic impact study may be required by the District. 5. There are two existing dwellings on the site with access to overland Road. 6. This application is scheduled for public hearing by the Meridi- an Planning & Zoning Commission on April 26, 1994. if the annexation is approved and development proceeds, the Dis- trict will provide the following recommendations to Meridian Plan- ning & Zoning as conditions for approval. SITE SPECIFIC REQUIREMENTS:. 1. Dedicate 45 -feet of right -Of -way from the centerline of over- land Road abutting parcel (20 additional feet). The owner will be compensated- for this additional right-of-way from available impact fee revenues in this benefit zone. 2. Construct 5 -foot wide concrete sidewalk along overland Road abutting parcel. 3. Direct lot or parcel access to overland Road is prohibited (execption may be made for existing dwellings), in compliance with District policy. Lot access restrictions shall be stated on the final plat. STANDARD REQUIREMENTS: 1. submit site drainage plans and calculations for review and appropriate action by ACHD. The proposed drainage system shall conform to the requirements of the City of Meridian and shall retain all storm water On -site - 2. A right-of-way permit must be obtained. from ACED for any street or utility construction within the public right-of- way. Utility cuts should be combined where practical to limit pavement damage. Contact Construction Services at 345-7667 (with zoning file number) for details. Meridian Annexation• Overland e/o Locust Gro R-4 R-4 April 22, 1994 Page 3 7 3. A request for modification, variance or waiver of any require- ment or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar days of the original Commission action. The request sh� a.11 include- a statement explaining why such a requirement would result in substantial hardship or inequity. Should you have any questions or comments, please contact the Development Services Division at 345-7662. STAFF SUBMITTING: DATE. OF COMMISSION APPROVAL: Larry Sale U4/LS/b4 13:41 �iUz1 :145 7tl5U ;kw O • A m . • • ORIGINAL BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION ETHEL CARPENTER AND.WEST ONE BANK REZONE APPLICATION 220 WEST CHERRY LANE FROM RESIDENTIAL (R-8) TO LIMITED OFFICE (L -O) MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing April 26, 1994, at the hour of 7:30 o'clock p.m., the Petitioner, Ethel Carpenter not appearing and the Petitioner, West One Bank, appearing through its representative, Bill Manning. 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 notice of a public hearing on the Rezone Application was published for two (2) consecutive weeks prior to the said public hearing scheduled for April 26, 1994, the first publication of which was fifteen (15 ) days prior to said hearing; that the matter was duly considered at the April 26, 1994, 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 is owned by Ethel Carpenter. The property is described in the WEST ONE BANK FINDINGS OF FACT & CONSLUSIONS OF LAW Page - 1 0 0 application which description is incorporated herein; that the property is presently zoned R-8 Residential; the area surrounding is a mix of commercial and residential use properties and vacant ground to the east. 3. That the property to be re -zoned from R-8 to L -O is proposed to be used for a bank. 4. That this zone change request complies with the Meridian Comprehensive Plan and development objectives in this portion of the City. 5. That the L -O District is described in the Zoning Ordinance, 11-2-408 B. 7 as follows: (L -O) LIMITED OFFICE DISTRICT: The purpose of the (L -O) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The L -O District is designed to act as a buffer between other more intense non-residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal Water and Sewer System of the City of Meridian is a requirement in this district. 6. That the property is located approximately 600 feet west of Meridian Road on Cherry Lane in area of mixed residential and commercial uses; that there have been other rezone requests in this area that have been approved. 7. The Applicant's representative stated that the bank had had contact with all of the property owners within 300 feet of the parcel except one; that those that they were able to contact had no WEST ONE BANK FINDINGS OF FACT & CONSLUSIONS OF LAW Page - 2 0 0 objection to the rezone. 8. The Applicant's representative stated that the bank to be constructed would be about 5,000 square feet in size; that there would be landscaping on the perimeter and in the setback requirements that would include a combination of shrubs and trees; that the other bank branches are well landscaped and that this branch would be no different; that they would meet the City requirements on lighting; that the Bank did not intend fencing at this time but would have to see what the neighboring property owners desired. 9. That the Nampa & Meridian Irrigation District, Ada County Highway District, Meridian Fire Department, Meridian Police Department, Central District Health Department, and the Meridian Planning Director submitted comments, which are incorporated herein as if set forth in full; that the Irrigation District commented that all lateral and waste ways must be protected; that municipal drainage must be retained on site; and that irrigation water me made available to the development. 10. That the Ada County Highway District stated that the right-of-way was 80 feet and that no additional right-of-way was required. 11. That the property is located on Cherry Lane and it is designated an Entryway Corridor in the Comprehensive Plan; the Entryway Corridors Goal Statement includes the following statement: 4.4U Encourage 35 -foot landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all WEST ONE BANK FINDINGS OF FACT & CONSLUSIONS OF LAW Page - 3 entrance corridors. r� 12. That there have been recent zoning changes along Cherry Lane to allow commercial and limited office uses, including dental and orthodontic offices, insurance offices, day care, construction offices, real estate offices and there have been such uses along Cherry Lane for some period of time. 13. 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 (201) wide, and shall not be a part of the normal street right of way or utility easement." 14. 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;" 15. That Section 11-6-606 B 14, requires pressurized irrigation. 16. That the property will be zoned L -O, Limited Office, if this Application is granted; that a conditional use permit is required for the operation of a drive-in facility, which the Bank's representative stated would be included in the facilities proposed by West One Bank. 17. There were no comments given at the public hearing objecting to the application. CONCLUSIONS 1. That all the procedural requirements of the Local WEST ONE BANK FINDINGS OF FACT & CONSLUSIONS OF LAW Page - 4 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 Applicants, property. 2. 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. 3. That the City of Meridian has authority to place conditions upon granting a zoning amendment. 4. That the City has judged this Application for a zoning amendment upon the basis of guidelines contained in Section 11-2- 416 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 Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it can take judicial notice. 5. 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 property located on 220 West Cherry Lane is now a house designed for residential use but there are other uses in the area which support residential needs and a mix of those WEST ONE BANK FINDINGS OF FACT & CONSLUSIONS OF LAW Page - 5 0 0 uses and a rezone of the subject property for use as a bank is in line with those uses. (c) The area around the proposed zoning amendment property is in the proximity of an existing concentrated commercial neighborhood and other Limited Office Zoning which promotes the City's goal of clustered business uses. (d) There have been changes in the area which tend to dictate that the property should be rezoned, and the property is designed to be developed in a fashion which comports with the existing development and the residential uses in the area. (e) That the property must be 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 and would 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 as a bank will likely cause a significant increase in vehicular traffic and all efforts will have to be made to resolve traffic issues. (k) That this rezone will not result in the destruction, loss or damage of any natural or scenic feature of major importance. (1) The proposed zoning amendment is in the best interest of City of Meridian. 6. It is further concluded that the recommendations, comments, and requirements of the City Engineer, if submitted, shall be met and complied with. 7. The requirements of the Ada County Highway District and Nampa Meridian Irrigation District shall have to be complied with. WEST ONE BANK FINDINGS OF FACT & CONSLUSIONS OF LAW Page - 6 E E 8. As a condition of rezoning, if there is room, the property shall meet the requirements of the Entryway standard of a 35 foot landscaped set back, which must be landscaped. 9. That it is concluded that the rezone is appropriate and should be granted, but if the Applicant desires to include drive-in windows for bank service and condition use must be applied for and granted. 10 That it is further concluded that the Applicant must, as a condition of rezone, look into whether or not irrigation water can be supplied by an irrigation district and a pressurized irrigation system installed that uses the irrigation water from the irrigation district; if irrigation water from an irrigation district can not be used, that the Applicant shall look into supplying irriagtion water from a well; it is further recommended to the City Council that if irrigation water from a district can be used that such water use be required as a condition of rezone; that if irrigation water from an irrigation district cannot be used, that the Applicant be required to drill a well for its water for sprinkler use, as a condition of rezone. It is further concluded that if irrigation water from an irrigation district is not available or if a well cannot be drilled to supply water for irrigation, that this paragraph not be a condition of the rezone. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. WEST ONE BANK FINDINGS OF FACT & CONSLUSIONS OF LAW Page - 7 0 0 ROLL CALL COMMISSIONER HEPPER VOTED `-I8"% COMMISSIONER ROUNTREE VOTED COMMISSIONER SHEARER p VOTED�t"S COMMISSIONER ALIDJANI VOTED e'rS CHAIRMAN JOHNSON (TIE BREAKER) 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 requested by the Applicant for the property described in the application with the conditions set forth in these Findings of Fact and Conclusions of Law and that the property, be required to meet the water and sewer requirements, the Nampa Meridian Irrigation requirements, Ada County Highway District requirments, the Uniform Building Code, the fire and life safety codes, and the Uniform Building Code, and other Ordinances of the City of Meridian; that the Applicant meet the requirements of paragraph lu or tine Conclusions regarding irrigation water; and that the Applicant meet the 35 foot landscaped set back required under the Meridian Comprehensive Plan. MOTION: APPROVED: ✓7 L'i )L DISAPPROVED: WEST ONE BANK FINDINGS OF FACT & CONSLUSIONS OF LAW Page - 8 0 0 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions this 28th day of June, 1994. ROLL CALL COUNCILMAN MORROW COUNCILMAN YERRINGTON COUNCILMAN CORRIE COUNCILMAN TOLSMA MAYOR KINGSFORD (TIE BREAKER) (INITIAL) APPROVED �/ DISAPPROVED VOTED VOTED�� VOTED VOTEDf VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW -- WEST ONE BANK REZONE • • 0R!G''��� BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION G. L. VOIGHT ANNEXATION AND ZONING A PORTION OF THE NW 1/4 OF SECTION 20 T.3 N. R.1 E. B.M. MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on April 26, 1994, 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 Commission having heard and taken oral and written testimony and the Applicant appearing through a representative, Jim Merkle, 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 April 26, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the April 26, 1994, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were made available to newspaper, radio and television stations. 2. That the property included in the application for annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is VOIGHT FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 1 0 0 approximately 97 acres in size; it is in the Northwest 1/4 of Section 20, Township 3 North, Range 1 East, Ada County, Idaho. 3. That the property is presently zoned by the County; that the Applicant has requested that: the property be zoned R-4 Residential by the City. 4. The general area surrounding the property is used agriculturally and residentially; that much of the residential property to the west is zoned R-4 Residential but is developed at less density than allowed in the R-4 zone. 5. That the property is adjacent and abutting to the present City limits. 6. The Applicant is not the owner of record of the property but the owners of record, N. L. Patel, Inc., Sanja Ray M. D., Inc. and Ravinder N. Gutpa, M. D. Inc., have requested the annexation and consented to the Application. 7. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 8. That the 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 applicant indicated that the intended development of the property is for R-4 residential; Applicant's representative stated at the hearing that he believed this annexation and zoning was in compliance with the new Meridian City Comprehensive Plan, that City sewer will service this site from the future Five Mile trunk extension, that City water can service this VOIGRT FINDINGS OF FACT 6 CONCLUSIONS OF LAW PAGE 2 0 0 property from existing lines in Overland Road, that they can comply with the requirements of the City Engineer, and that the developer has indicated he has set aside up to four acres of the southeast corner of the property for a future school or park site; a preliminary plat of the property was not submitted and the Applicant's representative did not know whether fencing was going to placed along Overland Road or whether there was going to be screening or landscaping; he did indicate that he would anticipate something along the line of Fieldstone on Ustick Road with berms and fences, and that those issues would be resolved when a preliminary plat was submitted. 10. That in the Rural Area section of the Comprehensive Plan, Section 6.3, it does state that land in agricultural activity should so remain in agricultural activity until urban services can be provided. 11. That the property can be physically serviced with City water and sewer, if the Applicant extends the lines. 12. Meridian City Engineer, Ada County Highway District, Nampa Meridian Irrigation District, Meridian Planning Director, police Department, Fire Department, Meridian School district and the Central District Health Department submitted comments and such are incorporated herein as if set forth in full; that the Engineer had the following comment: "The R-4 zoning requested will probably produce 300 lots for 810 people. Because of the parcel size,, if the annexation and zoning is approved, I request the approval be contingent on us receiving positive results from out computer model analysis of the projects impact on our water and sewer VOIGHT FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 3 systems."; the Meridian Planning Director had the following comment: "This request for annexation and zoning is in general compliance with the Meridian Comprehensive Plan. Generalized Land Use Map depicts single-family residential for this area. The Comprehensive Plan calls for a school and park site at the southeast corner of this property. Developer has indicated a willingness to dedicate necessary land for this purpose as part of the development in conjunction with adjacent landowners/developers." 13. 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."; that the R-4 zoning district requires a minimum of 1,400 square feet to be included in houses in that zone. (11-2-411 D) 14. That the Meridian Comprehensive Plan, under Land Use, Residential Policies, 2.1U states as follows: "Support a variety of residential categories (urban, rural, single-family, multi -family, townhouses, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities." 15. That the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.3 c., it states as follows: "Within the Urban Service Planning Area development may occur in densities as low as 3 dwellings per acre if physical connection is made to existing City of Meridian water and sewer service and the property is platted and subdivided . VOIGHT FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 4 16. That the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.4, it states as follows: "Residential development is allowed in the rural area provided that said development does not exceed the Rural Residential Agricultural density, unless it is inside the Urban Service Planning Area and City sewer and water is provided, then Low, Medium and High density residential may be considered. All residential development must also comply with the other appropriate sections of this plan." 17. That the Meridian Comprehensive Plan, under Population, Housing Policies, at page 66, it states as follows: "1.1 The City of Meridian intends to provide for a wide diversity of housing types (single-family, modular, mobile homes, multi -family, townhouses, apartments, condominiums." "1.3 An open housing market for all persons, regardless of race, sex, age, religion or ethnic background." 111.4 The development of housing for all income groups close to employment and shopping centers should be encouraged." 18. That there is a population influx into the City of Meridian at the present time which has been going on for some time and is likely to continue; that the land is relatively close to Meridian and economic conditions are making it difficult to continue farming in the area. 19. That the City Engineer previously submitted comment in a different application that a determination of ground water level and subsurface soil conditions should be made. 20. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political VOIGHT FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 5 0 0 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 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. 21. 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. 22. 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 (101) wide." VOIGHT FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 6 23. 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." 24. 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;" 25. 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 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." 26. That Section 11-9-605 L states as follows: VOIGHT FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 7 0 0 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 Design Manual for Ada County: (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments. 27. That there was no testimony objecting to the Application. 28. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission were given and followed. 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 VOIGHT FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 8 0 0 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 annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant with the consent of the titled owners and the annexation is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P.D 1075 (1983). 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, 11-9-605 M. which pertains to the tiling of ditches and waterways, and 11-6-606 B 14, which pertains to pressurized irrigation. 10. That the Applicant's property is in compliance with the Comprehensive Plan, and therefore the annexation and zoning Application is in conformance with the Comprehensive Plan. 11. That the requirements of the Meridian City Engineer shall be met and addressed in a development Agreement; that if the Meridian Fire and police Departments, Meridian School District, the VOIGBT FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 9 0 0 Central District Health Department, and the Meridian Planning Director submit comments, they shall be met and addressed in a development Agreement. 12. That all ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled the property shall be subject to de -annexation; that pressurized irrigation shall be installed and if not installed the property shall be subject to de - annexation. 13. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land; 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 require#d 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 1, H 2, K, L; 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 impact, development, 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. 14. That the house size requirements for the R-4 district, at VOIGHT FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 10 0 0 a minimum, shall apply, and Applicant is encouraged to require larger homes than the minimum. 15. That proper and adequate access to the property is available and will have to be maintained; that access to and for the adjacent property owners will have to be worked out and included in the development agreement, or the property will not be annexed or, if annexed, it will be de -annexed. 16. That these conditions shall run with the land and bind the applicant, the titled owners, and their assigns. 17. With compliance of the conditions contained herein, the annexation and zoning of R-4 Residential would be in the best interest of the City of Meridian. 18. That if these conditions of approval are not met the property shall be subject to de -annexation. 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 HEPPER ROUNTREE SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) VOTED qp-S VOTED VOTED t7 VOTED �( VOTED VOIGHT FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 11 C� • DECISION AND RECOMMENDATION 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 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 and owners be specifically required to tile all ditches, canals and waterways and install a pressurized irrigation system as a condition of annexation and that the Applicant meet all of the Ordinances of the City of Meridian, specifically including the development time requirements and entering into the required development agreement, and the conditions of these Findings and Conclusions of Law, and that if the conditions are not met that the property be de -annexed. That the annexation shall also be contingent on the City receiving positive results from the City's computer model analysis of the projects impact on out water and sewer systems. MOTION: APPROVED: DISAPPROVED: Q� VOIGHT FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 12 0 0 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions this 5th day of July, 1994. ROLL CALL COUNCILMAN MORROW COUNCILMAN YERRINGTON COUNCILMAN CORRIE COUNCILMAN TOLSMA MAYOR KINGSFORD (TIE BREAKER) (INITIAL) APPROVED D DISAPPROVED VOTED VOTED VOTED �j VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW — G.L. VOIGT ANNEXATION ti 0 nPE�{�:d,41 BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION ST. LURES ANNEXATION AND ZONING PORTIONS OF SECTIONS 16 AND 17, T.3 N., R.1 E., B.M. MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on April 26, 1994, 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 Commission having heard and taken oral and written testimony and the Applicant appearing through a representative, Wayne Forrey, 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 April 26, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the April 26, 1994, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were made available to newspaper, radio and television stations. 2. That the property included in the application for annexation and zoning is described in the application, and by this reference is incorporated herein; that the entire parcel of FINDINGS OF FACT AND CONCLUSIONS OF LAW/ST. LUKES Page 1 property is approximately 147 acres in size; that the properties are described in the application and are incorporated herein; for purposes of these Findings and Conclusions the properties are generally described as follows: a. Land owned by the Applicant, St. Lukes Medical Center, described as a portion of the SW 1/4 NW 1/4 OF Section 16, Township 3 North, Range 1 East, Ada County, Idaho, hereafter referred to as the "St. Lukes" property. b. Land owned by the State of Idaho as a portion of Interstate Highway I-84 described as a portion of the E 1/2 of Section 17 and the NW 1/4 of Section 16, Township 3 North, Range 1 East, Ada County, Idaho, hereafter referred to as the "State" property. C. Land owned by the Wurst Family Trust described as a portion of the W 1/2 SE 1/4, Section 17, Township 3 North, Range 1 East, Ada County, Idaho, hereafter referred to as the "Wurst" property. d. Land owned by the Ronald G. Thomas Family Trust described as a portion of the SE 1/4 of Section 17, Township 3 North, Range 1 East, Ada County, Idaho, hereafter referred to as the "Thomas" property. e. Land owned by Curtis and Kim Peck described as a portion of the SE 1/4 SW 1/4 of Section 17, Township 3 North, Range 1 East, Ada County, Idaho, hereafter referred to as the "Peck" property. 3. That the property is presently zoned by the County as Rural Transition; that the Applicant, St. Lukes, has requested that its property be zoned Limited Office; the Application requests that the State property be zoned General Retail and Service Commercial, the Wurst and Thomas properties as R-15 Residential and the Peck property as R-4; that at the hearing the representative indicated that the Pecks desire that their property be zoned C -G, General Retail and Service Commercial rather than R-4 and the Pecks forwarded a letter to that effect on the 26th of April. FINDINGS OF FACT AND CONCLUSIONS OF LAW/ST. LUKES Page 2 0 U 4. The general area surrounding the 167 acres of property is used agriculturally and residentially; that much of the residential property is developed at less density than allowed in the R-4 zone. 5. That the property is adjacent and abutting to the present City limits; that the St. Lukes property is adjacent and to east of Eagle Road; that the State property is I-84 and the interchange land surrounding the I-84 and Eagle Road interchange; that the Wurst and Thomas properties are between the east bound off -ramp if I-84 and Overland Road; that the Peck property is between Overland Road and I-84. 6. The Applicant is the owner of record of its property as are the other parties included in the Application. 7. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. B. That the 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 entire parcel be annexed and zoned as stated above; that the applicant indicated that the intended development of its property was for a hospital site but the rest of the uses were not exactly known but that it would include things like physicians offices, ambulatory care, service like diagnostic X-ray, and laboratory facilities is for R-4 residential; that the particular uses of the property included in the Application were not specifically addressed, other than generally by means of the requested zoning. FINDINGS OF FACT AND CONCLUSIONS OF LAW/ST. LURES Page 3 • 10. That in the Rural Area section of the Comprehensive Plan, Section 6.3, it does state that land in agricultural activity should so remain in agricultural activity until urban services can be provided. 11. That the property can be physically serviced with City water and sewer, if the Applicant and the other property owners extend the lines. 12. Meridian City Engineer, Ada County Highway District, Nampa Meridian Irrigation District, and Shari Stiles, the Zoning Administrator, the Meridian Police Department, Meridian Fire Department, the Central District Health Department, and the Nampa & Meridian Irrigation District submitted comments and such are incorporated herein as if set forth in full. 13. The Zoning Administrator commented that the Limited Office zoning requested by St. Lukes and the General Retail and Service Commercial requested for the State and now requested for the Peck's, land was consistent with the goals of the comprehensive Plan; that she had grave reservations about the R-15 zoning requests and that that type of zoning was not in compliance with the Comprehensive Plan and goals for this area; the City received a letter from the attorney for James F. Griffin who owns property in the vicinity the property requested to be annexed and zoned who stated that Mr. Griffin has some grave reservations about the propriety of zoning the Thomas and Wurst properties R-15 Residential . 14. Gary Smith, City Engineer commented that sanitary sewer FINDINGS OF FACT AND CONCLUSIONS OF LAW/ST. LUKES Page 4 service to all of the parcels is designated to be from the 5 Mile Interceptor as it is extended; that water service to the St. Lukes property will most likely need to be from an extension of a 12 inch diameter main in Eagle Road from Florence Street, approximately 6,000 feet to the North; that because of the parcels size, if the Application is approved, that it be conditioned on the City receiving a positive result from the computer models analysis of the projects impact on the water and sewer systems. 15. That the particular zoning districts mentioned for this annexation are described in the Zoning Ordinance, 11-2-408 B. 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. (R-15) Medium High Density Residential Distr ct: The ment purpose of the (R-15) District is to permit 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 s will beopatio dwellings, zero lot line single-family g , apartment buildings and condominiums. (L -O) Limited Office District: The purpose of the (L -O) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create FINDINGS OF FACT AND CONCLUSIONS OF LAW/ST. LURES Page 5 noise, vibration or emissions of a nature offensive to the overall purpose of this district. The L -O District is designed to act as a buffer between other more intense non- residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal Water and Sewer System of the City of Meridian is a requirement in this district. (C -G) General Retail and Service Commercial: The purpose of the (C -G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel -related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. 16. That the Meridian Comprehensive Plan, Generalized Land Use Map, shows that the St. Lukes land is to be used for commercial uses and for a medical facility; that it shows Thomas, Wurst and Peck land as being used for mixed/planned use development. 17. That the Meridian Comprehensive Plan, under Land Use, Commercial Policies, 4.8U, it states as follows: "Encourage commercial uses, offices and medical -care uses to locate in the Old Town district, business parks, shopping centers and near high-intensity activity area, such as freeway interchanges." 18. That the Meridian Comprehensive Plan, under Land Use, Mixed -Use Area Adjacent to I-84 and Overland Road, it states as follows: "These area are unique in that they are surrounded by arterials, immediately adjacent to freeway (I-84), are relatively level in topography, have a distinct linear shape, and are greatly affected by contiguous industrial, residential and commercial land uses. In order that compatible le la d uses and efficient use of the land might occur, anticipated for a variety of planned, compatible mixed uses. Probable mixed uses for the areas could be commercial, FINDINGS OF FACT AND CONCLUSIONS OF LAW/ST. LUKES Page 6 0 combined medium -t -high density residential, open space uses (as a means to buffer highway noise), tourist lodging, industrial, office, medical, and related land uses." 19. That the Meridian Comprehensive Plan, under Land Use, Overland/I-84 Mixed -Use Policies, it states as follows: 5.6 The development of a variety of compatible land uses should be provided in specific plans and proposals for future development. 5.8 Development in these areas should be based on functional plans and proposals in order to ensure that the proposed uses conform to the Comprehensive Plan policies and are compatible with the surroundings neighborhoods. 5.9 The integrity and identity of any adjoining residential neighborhood should be preserved through the use of buffering techniques, including screen plantings, open space and other landscaping techniques. 5.10 Development should be conducted under Planned Unit Development procedures and as conditional uses, especially when two or more differing uses are proposed. 5.14U Because these areas are near I-84 and Overland Road, high-quality visual appearance is essential. All development proposals in this area will be subject to design review guidelines and conditional uses permitting procedures. 5.15U The mixed-use area in the vicinity of the Overland/Eagle Road/I-84 interchange is a priority development area. 20. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states 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 subdivision."; FINDINGS OF FACT AND CONCLUSIONS OF LAW/ST. LURES Page 7 0 0 that the City of Meridian is concerned with the increase in development 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. 21. 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 property, which if possible, would be retroactive and apply to all development in the City, because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 22. 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 (201) wide, and shall not be a part of the normal street right of way or utility easement." 23. That Section 11-9-605 A 3. states as follows: "In the case of planned unit developments and large scale developments, the Commission may require sufficient park or open space facilities of acceptable size, location and site FINDINGS OF FACT AND CONCLUSIONS OF LAW/ST. LURES Page 8 9 0 characteristics that may be suitable for the proposed development." 24. That Section 11-9-605 R 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 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." 25. 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 Design Manual for Ada, County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments. 26. That section 11-9-605 M., Piping of Ditches, requires that all ditches, laterals or canals be tiled. 27. That section 11-9-606 B 14., Pressurized Irrigation FINDINGS OF FACT AND CONCLUSIONS OF LAW/ST. LURES Page 9 0 0 System, requires that underground pressurizedirrigation be supplied in each subdivision. 28. That there was no testimony objecting to the Application. 29. That proper notice was given as required by law and all procedures before the Planning and zoning Commission were given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW/ST. LUKES Page 10 0 0 existing within the City and State. 6. That the land within the annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant with the consent of the titled owners and the annexation is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P.D 1075 (1983). 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, 11-9-605 M. which pertains to the tiling of ditches and waterways, and 11-6-606 B 14, which pertains to pressurized irrigation. 10. That the proposed uses of the St. Lukes' and the State properties, determined from the requested zoning, are in compliance with the Comprehensive Plan, and therefore those annexations and zonings are in conformance with the Comprehensive Plan; that the use of the Peck property for a R-4 Residential use is not in compliance with the Comprehensive Plan, but the use of General Retail and Service Commercial, as requested on the date of the hearing, would be; that whether or not the requests by the Thomas' and the Wursts for an R-15 Residential use are in compliance with FINDINGS OF FACT AND CONCLUSIONS OF LAW/ST. LUKES Page 11 0 0 the Meridian Comprehensive Plan depends on whether they are conducted under a planned unit development procedures and as conditional uses, as suggested in the Comprehensive Plan. 11. It is concluded as stated above in paragraph 19 of the Findings, that development in these areas should be based on functional plans and proposals in order to ensure that the proposed uses conform to the Comprehensive Plan policies and are compatible with the surroundings neighborhoods; no plans were submitted with the annexation application showing the development of the Wurst and Thomas properties and thus it is difficult to zone the property without knowing the type of proposed development; that it is, however, concluded that the lack of plans for the property should not be an impediment to its annexation, but the development of the property must be controlled as a condition of annexation. 12. That the requirements of the Meridian City Engineer, the requirements of 11-9-605 G 1., planting strips, 11-9-605 H, park or open space, 11-9-605 K, linear open space, 11-9-605 L, pedestrian pathways, 11-9-605 M, and 11-9-606 B 14., pressurized irrigation shall be met and addressed in a development Agreement. 13. That all ditches, canals, and waterways shall be tiled and pressurized irrigation installed as a condition of annexation and if not so done the property shall be subject to de -annexation. 14. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land; that the development of the property shall be subject to and controlled by the Subdivision and Development FINDINGS OF FACT AND CONCLUSIONS OF LAW/ST. LUKES Page 12 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 of these conclusions, and other matters, as a condition of annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any impact, development, 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. 15. That these conditions shall run with the land and bind the applicant, the titled owners, and their assigns. 16. With compliance of the conditions contained herein, the annexation and zoning, as requested, would be in the best interest of the City of Meridian; provided, however, that the annexation and zoning of the Thomas and Wurst properties shall be conditioned on development being conducted under Planned Unit Development procedures and as conditional uses; it is specifically concluded that in this area a commercial use would be more appropriate than the R-15 proposed use; that the Commission, believes however, that the use of the property is more the decision of the land owner as long as it is in compliance with the Comprehensive Plan. 17. That if these conditions of approval are �t met the property shall be subject to de -annexation. FINDINGS OF FACT AND CONCLUSIONS OF LAW/ST. LUKES Page 13 0 0 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 HEPPER VOTED_'- �,-' COMMISSIONER OTED'- COMMISSIONER ROUNTREE VOTED COMMISSIONER SHEARER VOTED LJ COMMISSIONER ALIDJANI VOTED yt�J CHAIRMAN JOHNSON (TIE BREAKER) 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 annexation and zoning as stated above for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law, specifically that the Thomas and Wurst properties shall be conditioned on development being conducted under Planned Unit Development procedures and as conditional uses, and that the Applicant and owners be specifically required to tile all ditches, canals and waterways and install a pressurized irrigation system as a condition of annexation and that the Applicant meet all of the Ordinances of the City of Meridian, specifically including the development time requirements and entering into the required development agreement, and the FINDINGS OF FACT AND CONCLUSIONS OF LAW/ST. LURES Page 14 0 0 conditions of these Findings and Conclusions of Law, and that if the conditions are not met that the property be de -annexed. MOTION: APPROVED:— DISAPPROVED: 1,4177 FINDINGS OF FACT AND CONCLUSIONS OF LAW/ST. LURES Page 15 0 0 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions this 5th day of July, 1994. ROLL CALL COUNCILMAN MORROW COUNCILMAN YERRINGTON COUNCILMAN CORRIE COUNCILMAN TOLSMA MAYOR KINGSFORD (TIE BREAKER) (INITIAL) APPROVED p DISAPPROVED VOTED VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW — ST. LUKE'S ANNEXATION 0 0 EXHIBIT "A" CITY OF MERIDIAN BUILDING PERMIT FEES VALUATION PERMIT FEE 26,001-27,000 228.00 27,001-28,000 234.50 100-500 16.00 28,001-29,000 239.50 501-600 18.00 30,001-30,000 245.00 601-700 20.00 701-800 22.00 VALUATION PERMIT FEE 801-900 22.50 901-1,000 25.50 30,001-31,000. 250.50 1,001-1,100 27.50 31,001-32,000 256.00 1,101-1,200 29.00 32,001-33,000 262.00 1,201-1,300 31.00 33,001-34,000 267.50 1,301-1,400 33.00 34,001-35,000 272.50 1,401-1,500 35.00 35,001-36,000 278.50 1,501-1,600 37.00 36,001-37,000 284.50 1,601-1,700 38.50 38,001-39,000 295.50 1,701-1,800 40.50 39,001-40,000 301.00 1,801-1,900 42.50 40,001-41,000 307.00 1,901-2,000 44.50 41,001-42,000 312.50 2,001-3,000 52.00 42,001-43,000 318.00 3,001-4,000 59.50 42,001-44,000 323.50 4,001-5,000 67.00 44,001-45,000 329.50 5,001-6,000 74.50 45,001-46,000 335.00 6,001-7,000 82.00 46,001-47,000 340.50 7,001-8,000 89.50 47,001-48,000 346.00 8,001-9,000 97.00 48,001-49,000 352.00 9,001-10,000 106.00 49,001-50,000 357.50 10,00-11,000 112.00 50,001-51,000 361.00 11,001-12,000 119.50 51,001-52,000 365:00 12,001-13,000 127.00 52,001-53,000 368.50 13,001-14,000 134.50 53,001-54,000 372.50 14,001-15,000 142.00 54,001-55,000 376.00 15,001-16,000 149.50 55,001-56,000 380.00 16,001-17,000 157.00 56,001-57,000 383.50 17,001-18,000 164.50 57,001-58,000 387.50 18,001-19,000 172.00 58,001-59,000 391.00 19,001-20,000 179.50 59,001-60,000 395.00 20,001-21,000 187.00 60,001-61,000 398.50 21,001-22,000 194.50 62,002-62,000 402.50 22,001-23,000 202.00 62,001-63,000 406.00 23,001-24,000 209.50 63,001-64,000 410.00 24,001-25,000 217.00 64,001-65,000 413.50 25,001-26,000 223.00 65,001-66,000 420.00 BUILDING PERMIT FEES/AMENDED RESOLUTION NO. 111-A Page 2 E 66,001-67,000 423.50 67,001-68,000 427.50 68,001-69,000 431.00 69,001-70,000 435.00 70,001-71,000 438.50 71,001-72,000 442.50 72,001-73,000 446.00 73,001-74,000 450.00 74,001-75,000 453.50 VALUATION PERMIT FEE 75,001-76,000 457.50 76,001-77,000 461.00 77,001-78,000 465.00 78,001-79,000 468.50 79,001-80,000 475.00 80,001-81,000 480.00 81,001-82,000 485.00 82,001-83,000 490.00 83,001-84,000 495.00 84,001-85,000 500.00 85,001-86,000 505.00 861001-87,000 510.00 87,001-88,000 520.00 88,001-89,000 525.00 89,001-90,000 530.00 90,001-91,000 535.00 91,001-92,000 540.00 92,001-93,000 545.00 93,001-94,000 550.00 94,001-95,000 555.00 95,001-96,000 560.00 96,001-97,000 565.00 97,001-98,000 570.00 98,001-99,000 575.00 99,001-100,000 578.50 100,000 + 3.00 For Each Additional 1,000 or Fraction Thereof. 0 BUILDING PERMIT FEES/AMENDED RESOLUTION NO. 111-A Page 3 0 The Planning and Zoning Commission MAY - 9 1991i City of Meridian CITY G � iiiU�Rf In the matter of Preston Aspen Grove Estates, petition for annexation and rezoning. April 27, 1994 We, the undersigned, are the affected residents adjoining the development on the east, the holders of the domestic water right which is being impuned, and part of a Neighborhood Coalition formed to enjoin this development. Say the undersigned: We are Archie T, and Ernestine M. Roberson, property owners of 185 South Locust Grove Road, and we have lived at this location for 23 years. This property is two acres, dependent upon surface irrigation, and we are duly subscribed to the Nampa Meridian Irrigation District. We are James N. and Ann C. Witherel1, property owners of 215 South Locust Grove Road, and we have lived at this location for 15 years. This property is one acre, dependent upon surface irrigation, and we are duly subscribed to the Nampa Meridian Irrigation District. We are Gene and Vernadene Pressley, property owners of 255 South Locust Grove Road and we have lived at this location for 25 years. This property is one acre, dependent upon surface Irrigation, and we are duly subscribed to the Nampa Meridian Irrigation District. We are Robert R. and Jeri Smith, property owners of 355 South Locust Grove Road, and we have lived at this location for 27 years. This property is 2.5 acres, dependent upon surface irrigation, and we are duly subscribed to the Nampa Meridian Irrigation District. So identified, we have discussed this project with Ada County Development, Ada Planning Association, Nampa Meridian Irrigation District, Central District Health, Ada County Highway District, the Idaho Department of Water Resources, the Idaho Division of Environmental Quality, the Bureau of Reclamation, the US Army Corps 0 0 of Engineers, the Intermountain Gas Company, and the Ada County Sheriff's Office, and we depose as follows Preston's Aspen Grove Estates is the slight revision of Aspen Grove Estates, a previous proposal of this developer at the same location. The Aspen Grove application was extremely vague and required the affected parties toresoond us/no 3ssum,0t10n rrt the absence of information We provided written comment on the prior proposal at the March 8 Planning and Zoning Meeting. These comments, in brief, principally raised concerns of malfeasance to include: contempt for due process; illegal appropriation of irrigation water and public domain; contamination of surface water; degradation in quanity and quality of domestic water; destruction of wetlands; and a complete lack of research. Our conclusions were that: "the proposal is disingenuous. Its assurances are platitudes, its sincerity empty, its descriptions misconstrue, and its feasibility research is, obviously, none." It was also our conclusion that the developer was attempting to confuse the application process to better his position. In the Commission meeting, March 8, the developer further confused the application, stating, inter alfa, that the plat was conceptual: it would not be built as depicted. Furthermore, the plat for the commercial area was only hypothetical as he intended to sell the land for wy commercial use. Nor was even the concept finalized; the developer stated that the Browder Lane part was not necessary to the development and would be dropped from the development. The applicant's oral testimony consequently did not clarify any of the concerns raised by the affected parties. Rather, it resulted in greater confusion. Therefore the public Pv75 left to even more assumption At the April 12 meeting, the developer withdrew his application. However, two days later the developer submitted "an amendment to the application for the Aspen Grove Estates project". Not only did this amendment still not address any issues rake- by the affected public, it served to exascerbate 2 0 public confusion. The plat is merely lot lines with no hint as to structures or actual layout. This wanting is similar to the original, vague plat provided to the affected parties. But the original plat submitted to the Commission showed housing units and roads which did not conform to these lot lines. This time, both the affected parties and the Commission must second guess what the developer intends. More confusion: the commercial development, which the developer stated he would not develop, but resell instead, is clearly depicted as to structures on the "amended" plat. Gentlemen of the Commission. ThepubllcpasnowadvapcedtoMethlydlevelor i�eedi�� to make assumptions in order tv erercrse their rr�ht of comment Public comment is a legal process in which the public should not have to assume anything - lt is their right to know exactly what the developer intends and how the public will be effected. In this instance, the burdens of preparations and proof have transferred from the developer to the public. Please now recall our statement that the it was the developer's intent to confuse. By his amending of a withdrawn proposal, and introduce yet another plat (the affected parties and the Commission were given very different plats on the initial application, and these both differed significantly from that displayed at the first hearing - the latest makes the fourth) he has further evidenced this intent. Because the developer has yet to answer any of the concerns raised in our March submission, those concerns still apply to the present application. Our comments are lengthy. Rather than restate the prior comments in full, that submission is included as Attachment 1; we will summarize here for brevity, and add new concerns which have been raised by the latest submission. THE DEVELOPER HAS NOT PROCEEDED IN GOOD FAITH We cited improper procedures by the developer. One was use of the wrong legal description. This has been corrected on the latest submission and we are impressed. However, we also stated that the developer was platting property which was not his. This regarded a ditch and easements, the property of the Nampa Meridian 3 0 0 Irrigation District and public domain, on the south and east side of the development. This ditch cannot be rerouted or covered and would eliminate the first row of units on the south end of the project. For clarification to the Commission, we are providing a drawing of this ditch, using the most recent plat, as Attachment 2. At the public hearing, the developer stated, under oath, that his project would not interfere with irrigation. In spite of two warnings, written and oral, the latest plat shows this ditch filled in, with housing thereon, and all access fenced. This misrepresentation can no longer be accidental and, given sworn testimony, may be perjurious. We must also raise a new issue, based on this application. It is stated on the application, a legal instrument, that the affected schools are Pioneer, Lowell Scott Middle, and Centennial High. In the present crowding of the school district, these are the schools least affected by development. This favors the developer's proposal. It would disadvantage the proposal if it involved the most affected schools in the district - Chief Joseph Elementary, Meridian Middle School, and Meridian High. Chief Joseph, Meridian Middle, and Meridian High are, of course, the schools that are affected by the development, not those stated on the application. Falsifying information on a legal document may constitute fraud. 2. NATURE OF THE DEVELOPMENT We have contended from the onset that Aspen Grove, thereby Preston's Aspen Grove, is a mobile home park under any guise. To emphasis this we cite Idaho Code 39 - 4105 (14): "'Manufactured home" (formeriy mobile home) means a structure, constructed according to HUD/FHA mobile home construction and safety standards, transportable in one or more sections, which, in the traveling mode, is eight (8) body feet in width or is forty (40) body feet or more in length, or when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation..." (Emphasis added). At the March public meeting, the developer also stated that the purchasers would own the units, but that he would retain ownership of the land. It is our assertion 151 0 0 that purchase, therefore, amounts to prepaid rent; purchasers will never gain real property equity and are subject to eviction rather than foreclosure. This is landlord -tenant, not owner occupier, with eviction having large scale baggage. On the first and fourth (most recent) plats, the properties are arranged as parallel, thin rectangles to maximize density. By all descriptions, this is a patently a trailer park. It will behave like a trailer park, and it will depreciate like a trailer park. Yet the developer insists that the minimum taxable Value of each unit will be $Bt? 000 and that design and density are consistent with the surrounding properties. Gentlemen: this value exceeds the taxable value of the permanent, four bedroom, acreaged homes adjoining the development. And density in the OCCUPIED areas surrounding this development is FOUR ACRES PER PERSON. By standard modelling used by the Economics & Research Section of the Idaho Transportation Department, the density of the proposed development would be 650 people, 390 of which would be school aged children - most of which would have to be bused to Ridgewood School since Chief Joseph has been forced to close new enrollments. While exaggeration breaks no laws, for the developer to continue with the assertions is simply contempt for the public reason and municipal integrety. This development must be valued and regulated as a mobile home park. The Pleridian Planning Administrator raised the issue of density and transition with the first submission. In response the amendment now offers a 25 foot 'screen' of bushes behind (but not beside) some (but not all) of the affected parties. We have already made clear that such vegetation will foul our subsurface drains, needed to prevent flooding and structural damage. Moreover as much as halfofthis 'screen" isalreaalvoublicdomain And although termed a'screen', the much balyhooed, cedar fence still is platted on the affected parties' property lines. Indeed, it appears to be sitting on the affected parties' property. Our view will be a deteriorating fence. The view from the development would be a park. By our reason, the screen benefits the development, not the affected parties. Aspen Grove, or rather Preston's .Aspen Grove, is an island of high density, low cost housing in a sea of extreme low density, average or better housing. The &evelol?er's wont I_s to ins?st that the sev andnot the Islanv; Is nut of,clace. 6 0 0 This ridiculous plant and plank barrier is not a screen, neither by function nor definition. Nor does it answer any question of density or transition. We suspect, therefore, there being no open or play areas in the development, the developer will attempt to pass these 'screens' off as a recreational area. This, again, bespeaks contempt. Concerning the commercial area, the initial proposal stated a minimart, carwash, office building would be developed. This was apparantly a very loose interpretation of 'neighborhood shopping' for the proposal to conform to the city's development plan. However the developer stated in public meeting that he had no use for this land, except to resell. We restate our arguement that commercial development at this location, amid rural housing, is totally unnecessary: there are 100 acres of similarly zoned land just across the road, amid, and in keeping with, light industrial areas which aleady exist. The developer's stated need for commercial zoning was purely profit - sale of this property was necessary to finance the land for the mobile home park. This is a personal finance problem, not a zoning problem nor a problem of community need or betterment. We must question why the commercial development is once again platted. The application confirms his testimony that the land is for resale, not development. Therefore any eventual development could range from a carpark to Jurassic Park. We believe this is a deliberate attempt by the developer to portray compliance with the city development plan without actually committing thereto. Subset - ASPEN GROVE IS ENGINERY TO FORCE SALE Our earlier conclusion was that the developer intends to encircle our properties, force down property values with low income and commercial development, then attempt to secure the adjoining properties at a fraction of their predevelopment values. This would enable the extention of the mobile home park. I 0 0 ,4. TECHNICAL CONCERNS On previous response, we raised several technical concerns regarding wetlands, drain ditches and encroachments. Since none of the plats regard the drainage ditch in question, we provide this as Attachment 3. We now add that the wetlands the developer proports to cover are also wildlife range and habitat, game and non -game. Development will invoke entry by the US Fish and Wildlife Service. Wildlife habitat is an emerging issue: this apparantly is the same developer that is encroaching on bald eagle habitat, with a development along the Boise River (The Idaho Statesman, April 14, 1994, A1, cl-5). We obviously want more than his personal assurances that there will be no ecological impact by his development here. 5. CONCLUSIONS We again can only conclude the same as before: that 'the proposal is disingenuous.' We must again request. 5.1 That annexation be denied, 5.2 That if annexation is considered further, because of the known water problems, it is within reason and legal demand, that an indefinite moratorium be placed on this area until Central District Health can establish water runoff standards. In lieu, it is within reason and legal demand to place a five year moratorium on this area. 5.3 That if development is considered, because of the known water problems, it is within reason and legal demand, that any developer be required to perform a five year (five irrigation seasons) test on the long range effects on runoff and domestic water before proceeding. n The aforesaid we believe to be the true representation of fact, and our opinion in this matter: - AITACHNCNT 2 Nampa Meriddelivery Bitch - -ss�♦♦♦ i 3 z � n 1 a 2 ♦ 1 1 / � 1 1 rs4j y — 1 J T ♦ �J ♦ LJ ♦ O� • 1 � C �• • o B . tj O • • ` ® • dam•. �.—'� �+' N -�j• ,;- a ,i��� 1 oCUS Cn2Ci(JE OD 1 ♦ ATTACH!,iENT s / RPaulatein - wetland / �I � A ♦ t^ O _ ♦ � D ♦ � 2 ♦ ♦ c < 1 ♦ ♦ ♦ T ♦ �J ♦ (w1 eae>•i 5T"1 -i ChrGlT ) The Honorable Mayor, and City Council City of Meridian In the matter of Aspen Grove Estates, petition for annexation and rezoning. March 5, 1994 We, the undersigned, are the affected residents adjoining the development on the east, the holders of the domestic water right which is being impuned, and part of a Neighborhood Coalition being formed to enjoin this development. Say the undersigned: We are Archie T. and Ernestine M. Roberson, property owners of 185 South Locust Grove Road, and we have lived at this location for 23 years. This property is two acres, dependent upon surface irrigation, and we are duly subscribed to the Nampa Meridian Irrigation District. We are James N. and Ann C. Withered, property owners of 215 South Locust Grove Road, and we have lived at this location for 15 years. This property is one acre, dependent upon surface irrigation, and we are duly subscribed to the Nampa Meridian Irrigation District. We are Gene and Vernadene Pressley, property owners of 255 South Locust Grove Road and we have lived at this location for 26 years. This property is one acre, dependent upon surface irrigation, and we are duly subscribed to the Nampa Meridian Irrigation District. We are Robert R. and Jeri Smith, property owners of 355 South Locust Grove Road, and we have lived at this location for 27 years. This property is 2.5 acres, dependent upon surface irrigation, and we are duly subscribed to the Nampa Meridian Irrigation District. So identified, and having discussed this project with Ada County Development, Ada Planning Association, Nampa Meridian Irrigation District, Central District Health, Ada County Highway District, the Idaho Department of Water Resources, the Idaho Division of Environmental Quality, and Bureau of Reclamation, we oppose this project. It is our opinion that this proposal is simply an In -Your -Face, Smash -And -Grab attempt to hide a trailer park behind the assumed naivity of the Meridian City Council; unannexed, it could not be otherwise developed. It is further our opinion that this development is intended for resale to other parties not specified in the proposal, and produce caveat emptor of conditional use through successors or assigns 5hekinah Industries, Inc., titles or registers no equipment in Idaho, nor does its owner title or register other than personal vehicles. We draw our opinion as follows: THE DEVELOPER HAS NOT PROCEEDED IN GOOD FAITH 1.1 The Plat submitted to the affected parties has the wrong legal discription: it describes property approximately three miles from the actual location. This seriously handicapped the affected parties in doing research. Given other factors, we believe this was a deliberate ruse to confuse the affected parties and impede their response. 1.2 The Plat submitted to the affected parties is entirely different from that submitted to Council. The Plat given to the affected parties clearly illustrates a trailer park, with different ingress and egress, ditchwork, layout lines, and roadwork. Nor were the particulars legible. This, too, seriously handicapped the affected parties from doing research. Given other factors, we believe this was also a deliberate ruse to confuse the affected parties and impede their response. 1.3 Both Plats portray development of property not owned by the developer. This property on the east and south is bounded by an irrigation lateral owned by the Nampa Meridian Irrigation District. This ditch, and all receiving ditches, are shallow and designed for syphon delivery; this ditch could not be covered over. Nor can access to this ditch for present waterusers be restricted. However, the Plats show this ditch, and its easements, as housing units with all access denied to the current waterusers. This development cannot proceed without license from the Irrigation District. THE IRRIGATION DISTRICT HAS NOT BEEN CONTACTED FOR LICENSE - OR EVEN PROJECT FEASIBILITY - by the developer. The The Plat, therefore, is a serious distortion of fact; this ditch and easements considerably reduce the land shown as developed. z By this instrument, be it known to the developer that the affected parties, joinly or severally, will not negotiate irrigation sale or access changes. The system is serviceable to the water users, as is, and any change would not benefit the users. 1.4 It is required In Boise, and strongly suggested by the County, that developers meet with affected parties prior to submission. Moreover, it is conventional business sense to gauge impact of development, tortious or physical, as a simple matter of project feasibility. Our first awareness of this development was the meeting notice. We were never approached about the development nor. to our knowledge was this propel ever surveyed It is not now, nor has it been staked All aspects have been kept secret from the affected parties. We believe this was done in order for the developer to confuse and disorganize the affected parties - thereby manipulate public comment. These facts established, we quote from page 3 of the developer's proposal: "We want to be good neighbors to the five adjacent residents". This is patently false, and begs question of all statements made in the proposal. 2. NATURE OF THE DEVELOPMENT Let it be clear: this property can be residentially developed under current zoning. However, because of soil problems and high watertabie, the area can only sustain one household per acre. Thirty one such residences could be developed at a profit by the developer, as is. The issue, then, is not development. The issue is the severity of profit the developer wants. The developer asks the City for annexation, which the city has no obligation to grant. The developer also asks for rezoning of a 3.6 acre parcel to commercial use to enable the building of a gas station/mini-mart/carwash and office complex although there is no shortage of commercial land in Meridian (indeed, there are several hundred acres available for this type of development just across the road). And there is no shortage of gas stations/mini-marts/carwashes, and office space - there is ample supply, extant. Therefore, there is no rational need for this 3 rezoning, or any of these services. The issue of need aside, there are problems which will be addressed in part 4, below. The developer further asks for rezoning of a 33.1 acre parcel for Planned Unit Development. A PUD customarily means an apartment complex, wherein the residents are transient (no vested interest in the property) and the landlord collects rents for the use of rooms. This contrasts to a mobile home park, wherein the residents are non -transient, the tenent owning the rooms (a vested interest in the property) and the landlord collects rents for the use of space. A second distinction is that a PUD, as a permanent structure, ai)oreciates in real value and is assessed by comparable structures in the same area. in contrast, a mobile home is a temporary structure, assessed as personal property whether or not a Real Property Declaration has been filed (this can be rescinded by the owner at any time), and depreciates in value. The tax assessment of a mobile home is based on the owner's declaration (there are no standards among mobile homes to enable comparision), as arbitrated with the County Assessor. A third distinction is that there are major restrictions on mobile homes. To be blunt, the depreciating nature renders them ugly, they are fire hazards, and they are lower rent housing, catering to lower income tenents even if that was not the original intent. Boise City prohibits mobile home development. Ada County tightly resticts them, requiring setbacks, maximum screening, and limits density. They also require planned and aesthetic transition from high density to low density housing, and, we are informed by Ada Development, do not approve such units where there is opposition because such development, prima facia, reduces property values, and make the agency a corespondent. There are no such restrictions on Planned Unit Development, which assumes a permant, value appreciation, and regulated environment. Aspen Grove proports to be a hybrid of mobile home and planned unit development. That is, it has all the physical charactoristics of a mobile home park, and will predictably have all the social and environmental problems of a mobile home park. By the way in which the rent is transacted, it is a PUD. But like a PUD and unlike a mobile home park the tenents at ASDen Grove will have no vested interest a 0 0 2.1 ASPEN GROVE IS A MOBILE HOME PARK The developer uses the term Manufactured Housing, apparently to infer what is arranged as a trailer park, looks like a trailer park, and will behave like a trailer park, is something else. This tact opportunizes on the image of other Manufactured Housing developments, such as the Biddick (Weathervane) Subdivision which is an excellent subdivision. But opportunizing fails to note that in these subdivisions the resident is also the owner (with a definite vested Interest) and that these subdivlslons have made clever use of doubles and triples so that they blend with the adjoining housing. Please note that nowhere in the proposal does the developer say the proposed units will either be purchased new, or that they will be other than trailers in the conventional sense. Whatever imagery, Aspen Grove is arranged as a trailer park, has freestanding carports (the size of these, and the units, are questionable as no scale is provided) like a trailer park, and there is no attempt to blend the units with the surrounding residences - like a trailer park. The density of units is extreme, like a trailer park, and on what scale can be rationalized from property boundaries, some of the units scale only 10 X 30 feet, and are scarely 10 feet apart. Density is described as averaging 4.76 units per acre. Such, units are not physically divisible, for true analysis the number is 5 units per acre. The market is targeted at families in need of 'affordable housing'. This translates to lower and per se low incomes. Assume each family is 'typically' tour with both parents working and two children in school. Also assume the 'typical' family has at least one dog or cat (assume pets are ai 1 owed, catering to 'start-up' families as the proposal calls them), and two cars (neither particularly new - the average car in Ada County is 9.1 years old, based on Idaho Transportation Department information. The density, therefore, is not simply 5 units per acre. At 130 units (reserve 9 units for 'adult only' since this designation means if they aren't filled with adults then they'll be filled with families.) there would be MINIMUM of 512 people, 260 of which are school children, 130 dogs or cats, and 5 In evidence we cited Browder Lane, the isolated and detached strip of units on South Locust Grove Road. Where Aspen Grove is a malaprop island, Browder Lane is an atoll. At the public meeting, March 8, the developer admitted the Browder Lane part was leftover land, not necessary for the development. The understanding of the affected parties was that it would be dropped from the development. However, it is back on this submission, this time jutting into public easement, to be partially buried when South Locust Grove is widened. Since Browder Lane is off -again, on -again, we will now point out that there is a gasline to the house shown on the plat. The line runs exactly midfield, east to west, and all units drawn on the plat will sit directly on top of that line. This is prohibited by federal and Intermountain Gas regulations. Certainly this line is known to the developer, a codeveloper (Brown) authorized the work and the workers installing the line informed us this was for 'the trailers'. This adds to the list of of health and safety disregard. We need also report that sewage flows downhill, not uphill as platted on Browder Lane. The existing house will not be sewered, according to the plat. That will put the proposed units on, or downhill from, the septic drainfield. 3. THE DEVELOPMENT IMPERILS SURFACE AND DRINKING WATER In our previous submission, we explained in detail the known problems with surface water, and Its effects on the drinking water supply - which Is Inviolate as we are on shallow wells. We repeat this, as this is the single largest Issue, and an issue which we assure will be litigated as our personal safety and property are at risk. However, the developer once more chooses to ignore this. And we underscore what we interpret as selective ignorance, because the developer is, in essence, asking the city for a blank - check: zoning based upon his good word and intentions. 0 0 260 aged vehicles. And at least 120 lawnmowers since the landlord will charge for lawn service in lieu. However, this minimum would also understate actual density. Most of Ada County growth is presumed the result of people migrating here from interstate. Using drivers license surrenders, data provided by the Idaho Transportation Department shows just under 1,000 drivers, meaning 500 households, moved to Meridian in 1993. The modal age group was 20 - 29 years old. The rate of growth, however, using the same source with 1991 - 1993, is declining. This age group tends to have more than two children per unit, per the 1990 census average, by age, by householder. The more probable number of children would be three children per unit. Unfortunately, as will be obviated below, the taxes generated would probably not sustain an animal control officer, needed to deal with 130 pets much less school enhancement or additional buses, nor municipal services (mainly police) needed for any group of people crammed into small spaces. Sections 49-114, 49-422, 63-102, 63-1203, and 39-4105,ldaho Code describe and regulate a mobile home and a manufactured home as the same thing: for purposes of taxing, for purposes of health and safety, for purposes of regulation. This applies whether the unit is on wheels, skirted, or permanently attached to a foundation - or whether it is lifted from a foundation, rewheeled, and relocated. By whatever euphemism the developer chooses, Aspen Grove is a mobile home park except for the means of collecting rents. It must be considered a mobile home park for purposes zoning. it should be recognized that the transition from dense to very sparce population is measured in inches, not half -miles or quarter miles. It sould be recognized that screening, inspite of this density, is a cedar fence - half of the cost of which will be charged to the neighbors and who also will be expected to bear half of the maintenance cost. Thank you, but the affected parties already have fences and will not be bound to any fencing costs of the developer. It must be recognized that there are no setbacks and because of the exteme density, 0 0 9 and Impact on the established neighborhood, a berm, not a (cheap cedar) fence, would probably be required by Ada Development. This development sets a serious precident wherein every trailer park in meridian could become a PUD, or a 'partial' PUD, and, being much cheaper to develop than a standard subdivision, the precident of Aspen Grove should attract dozens of copycat developments 2.2 ASPEN GROVE 15 NOT A VIABLE TAX BASE Section 63-1203, Idaho Code makes the property value base for all manufactured homes, the declaration of the owner: thereafter negotiated by the Assessor (assuming the Assessor has adequate time or staff). Not only must the units on Aspen Grove depreciate, they are for commercial use (rental) and will depreciate rapidly - in spite of all the efforts of the property manager/social director. In business, it is common practice to accelerate depreciation where the property has a limited lifespan, such as for -rent mobile homes. It would be absurdto assume that Aspen Grove will not accelerate depreciation - it is designed to make its profits from equipment rental. Effectively, tax assessment could turn into an annual squabble between the declared value of the owner, and the Assessor over depreciating fair market value - 139 times over. In return for annexation and rezoning, the developer implies the property will be a high property tax return for the city. It is unclear from the wording of the proposal whether: the developer considers each of these units, combined with the real property, will be declared at, baseline, $75,000 - $80,000 or; if all the 139 units combined will have a declared baseline value of $75,000 - $80,000. The former, the per unit value, couldn't possibly be meant since each unit would be worth almost as much as the taxable value of our permanent homes on adjoining properties. The latter, the combined value of all units, could only be meant. This makes the total, combined baseline value of all units less than one conventional or adjoining house. This is the declared value for the first year of property tax assessment. From this baseline accelerated deorecIatIQn will begin. It is our opinion, based upon the developer's stated value, that the developer's intent toward the municipal taxbase is as sincere as his desire to be a "good neighbor". 2.3 ASPEN GROVE MUST DEVOLVE Aspen Grove has two hallmark features: it has an absentee landlord with no personal interest in the property or community and; it has transient tenents with no personal interest in the property or community. All personal and community interest is left in the hands of a property manager/social director. The manager, by whatever hat, however, is also a tenent and would be interested property, or community, by condition of employment (however long between manager turnovers.) These conditions of no vested interest by any party, along with depreciating property and profit driven maintenance, are the well documented, oft decried, sociology textbook prescription for a slum No matter now lofty and well intended this project might be (and given the developer's 'good neighbor' policy this intent may not be high), it will inevitably attract slum conditions This has happened everywhere else so there can be no doubt, whatsoever, that it will not happen here - the speed of decline depends only upon the selectivity of the property manager, and the maintainance allowed by the owner's profit margin. It is an established fact that property values, in proximity, will go down to the point of being unsaleable, thence degenerating to rentals and devolving to slums, themselves. Boise prohibits these conditions by prohibiting 'mobile home' parks, and their reasoning is obvious. We question why Meridian should permit this type of development because the development is calling itself a PUD on a technicality. 2.4 ASPEN GROVE IS ENGINERY TO FORCE SALE In this knowledge, the developer intends to reduce surrounding land values. It then logically follows that the developer will attempt to secure the adjoining properties at a fraction of their predevelopment values. In evidence is Browder Lane. This is a pensinsula of units, It juts out into otherwise rural land and 7 0 0 barely attaches to the main development. Browder Lane dead -ends at the house owned by Brown, one of the developers. This 'Lane' is a driveway. It is a driveway now and it will be a driveway in the future. To access the theoretical mini-mart/carwash/gas station, the residents of the part of the development will have to use South Locust Grove. Its function, therefore, in conjunction with the commercial area, is only to encircle the adjoining properties and render them salvage value. Allowed encirclement, too, would set a dangerous precident. 3. THE DEVELOPMENT IMPERILS SURFACE AND DRINKING WATER The soil here, like most everywhere in Meridian, is four to six inches of sod, followed by six to twelve inches of river -cobble rock and clay. Thereafter, it is hardpan. And, as is also common in Meridian, the water table is extemely high. Accordingly, this area suffers from serious drainage and high water problems. The high ground in this area is a low ridge, sloped 10 degrees, on the west side of South Locust Grove Road. All water on this ground drains slowly, subsurface, through the adjoining properties. Because of the drainage problem, all adjoining properties have had to build and maintain drainfields to collect and divert the subsurface water. in some instances, two drainfields. Even then, the drainage is so severe that it leaches to the surface in the properties at 215 and 255 South Locust Grove; the fields on these properties have standing water much of the year. It is made issue here, that the planting of trees, as per the developer's landscape plan, would foul these drains with their roots, a tortious act. Central District Health has tested these sumps and found E.coli. The only source of this contamination, since this water has been channel directly from the upper ground to the lower, is manure in the upper fields. These upper fields also effect domestic water supplies. Some of this drainage percolates into the drinking water supply and, in part, recharges it. At 215 South Locust Grove, the drinking water depth is less than 20 feet from the surface, and fluxuates with the field drainage. W 0 0 The soil left as is, provides enough percolation to filter out biological contaminants from drinking water. It is on these upper fields that the developer intends to locate 134 of this 139 units. Among his features is irrigation for the development. Instead of manure, the surface and potable water supplies are threatened by sulphur leakage from the private road network, salt from de-iced roads and carports, oil washed from roads and carports, a large quantity of herbicides and chemical fertilizers, alcohol from radiator leaks, and by-products from the 'home shops and hobby areas' which the developer will 'encourage'. These are not organic and would not be filtered before reaching the watertable. It is empirically established that whatever goes into the ground on the upper fields comes out in the water supply of the adjoining residents. If a sewer line on the development ruptures, we and the watertable are in serous trouble - with the possibility of total groundwater contamination. It is also empirically established the the cessation of irrigation on the upper fields will alter the domestic water table on the adjoining properties. By filings in September of 1989, all of the foredescribed landowners have been awarded domestic waterright by the Department of Water Resources. It has been confirmed by that Department that the developer has not checked to ascertain any impact on domestic water. And it has been confirmed by Central District Health that, although the sewer plat was submitted, the developer has not queried the potential for contamination. mono By this instrument, be it known to the developer that the affected parties, joiniy or severally, will not negotiate water right sale or access changes. The system is serviceable to the residents, as is, and any change would not benefit the residents. 0 0 N.B. - CENTRAL DISTRICT HEALTH HAS ADVISED THAT SURFACE AND RUNOFF WATER STANDARDS ARE BEING CONSIDERED. 4. TECHNICAL CONCERNS In our reply, so far, we have covered the areas of most immediate concern to us. However, there are several other concerns of more general bearing which we which to address. 4.1 The office complex is drawn over a drainage ditch owned by the Nampa Meridian Irrigation District. This is wet six months of the year and in its course is a wetland; except in the area where the commercial area is intended and here it has been overgrazed and eroded. The current driveways crossing this ditch are 24 inch culverts, IS feet pipe length. These culverts barely handle high water in the ditch at best, and are frequently clogged by debris and tumbleweed. Clogging is frequent and has raised ditchwater level to three feet deep flooding on the fields. When clogged, it requires two men working on both sides to free the obstruction. The office complex will require (again, without a scale to use) about 250 feet of culvert. And unless the developer can employ very small men that can hold their breath a long time, the culvert diameter will have to be four feet - for routine maintenace and to clear obstructions. This diameter may not give enough room for the building foundations of the professional complex. The developer is targeting the development to families with small children. No amount of grating is going to keep children out of this allurement. Licensure by the Nampa Meridian Irrigation District would be required to make this project feasible. Moreover, these ditches are wetland, and may be legally restricted by the Environmental Protection Agency. Once more, however, the developer has not tested basic feasibility with either of these agents. By this instrument, be it known to the developer that if development proceeds, complaint will be filed with the Environmental Protection Agency to seek a determination of wetland. 0 4.2 The gas station/mini-mart/carwash adjoin Five Mile Creek - itself a wetland had the property at this location not been overgrazed. We find no storm drainage on the Plat (commercial or residential), but we do estimate the underground storage tanks will be at or in the Five Mile watertabie. We question this, and a carwash runoff into the creek. These are major obstacles of project feasibility. However, the Division of Environmental Quality confirms no query of feasibility or prohibitions has been made by the developer. It must also be questioned whether this development would be permitted by the US Army Corps of Engineers. Five Mile Creek is part of the Federal Emergency Management Agency plan, administered by the Corps, to vacuate emergency flooding. There are prohibitions on development along these watercourses, in Particular private bridgework and backwater encroachment. Permission of the Corps is basic feasibility. We cannot definatively state that the developer has made no query to the Corps; the Corps is located in Walla Walla, and there has been insufficent turnaround time for Corps' confirmation. But with the severity of shortcomings in the proposal, we can say the developer most probably has not queried the Corps. 4.3 The road network proposed, depending upon which plat you use, would carry the commercial traffic at either a 90 degree or 45 degree intersection falling on a grade, just beneath the crest of the Franklin Road hill. At either degree, exiting traffic cannot see over the crest, nor could eastbound traffic see exiting traffic until into the intersection. This is a killer intersection in the making moreso when commercial trucks servicing the facility are considered. The feasibility of this intersestion will largely govern project feasibility. Once more, however, the developer has not queried the engineering requirements with the Ada County Highway District. 4.4 We see no consideration of the Americans With Disabilities Act. The landscape plat evidences no ramps, etc. associated with public housing access. We also discern from the roofline of the 'Community Center' that this structure is probably the existing residence. In view of all other errors and omissions we must question if the developer has considered the access and fire requirements, and being multi -storied an elevator, to convert this to public use. 12 • 4.5 The developer hasp I aced the `adult park' at the front, and the `family park' at the back. The school bus stop would be at the front, on Franklin Road This wanton disregard of tenents' needs, other than commercial, has worn our patience. 5. CONCLUSIONS It can only concluded by the affected parties, in view of the above, that the proposal is disingenuous. Its assurances are platitudes, its sincerity is empty, its descriptions misconstrue, and its feasibility research is, obviously, none. It is our belief, therefore, that the developer is seeking annexation in order to resell the proposal, or once annexation is had to seek waivers and variances until something entirely different is built. We request, having shown there is no need or benefit to annexation: 5.1 That annexation be denied; 5.2 That if annexation is considered further, because of the known water Problems, it is within reason and legal demana, tnat an indefinate moratorium be placed on this area until Central District Heaitn can establish water runoff standards. In lieu, it is within reason and legal demand to place a five year moratorium on this area. 5.3 That if development is considered, because of the known water problems, it is within reason and legal demand, that any developer be required to perform a five year (five irrigation seasons) test on the long range effects on runoff and domestic water before proceeding. 5.4 That if this testing could ensure development, that suitable, transitional (non - high density, development be allowed. A trailer/mobile home/manufactured home development is not reasonable and should be prohibited by Meridian as it is in Boise. 5.5 That any housing developed in this area under the foredescribed conditions be conventional, low density owner/resident. 5.6 That any other development be prohibited. 13 0 0 The aforesaid we believe to be the true representation of fact, and our opinion in this matter: 11 .� ri'-'��-O•--�-,-. y Requested copies to: G Nampa Meridian Irrigation District Central District Health Department Ada County Highway District Bureau of Reclamation ME 00 � 0 idd 0000 .00 rF--- 0 0 ORIGINi BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION ETHEL CARPENTER AND WEST ONE BANK REZONE APPLICATION 220 WEST CHERRY LANE FROM RESIDENTIAL (R-8) TO LIMITED OFFICE (L -O) MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing April 26, 1994, at the hour of 7:30 o'clock p.m., the Petitioner, Ethel Carpenter not appearing and the Petitioner, West One Bank, appearing through its representative, Bill Manning. 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 notice of a public hearing on the Rezone Application was published for two (2) consecutive weeks prior to the said public hearing scheduled for April 26, 1994, the first publication of which was fifteen ( 15 ) days prior to said hearing; that the matter was duly considered at the April 26, 1994, 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 is owned by Ethel Carpenter. The property is described in the WEST ONE BANK FINDINGS OF FACT & CONSLUSIONS OF LAW Page - 1 0 0 application which description is incorporated herein; that the property is presently zoned R-8 Residential; the area surrounding is a mix of commercial and residential use properties and vacant ground to the east. 3. That the property to be re -zoned from R-8 to L -O is proposed to be used for a bank. 4. That this zone change request complies with the Meridian Comprehensive Plan and development objectives in this portion of the City. 5. That the L -O District is described in the zoning Ordinance, 11-2-408 B. 7 as follows: (L -O) LIMITED OFFICE DISTRICT: The purpose of the (L -O) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The L -O District is designed to act as a buffer between other more intense non-residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal Water and Sewer System of the City of Meridian is a requirement in this district. 6. That the property is located approximately 600 feet west of Meridian Road on Cherry Lane in area of mixed residential and commercial uses; that there have been other rezone requests in this area that have been approved. 7. The Applicant's representative stated that the bank had had contact with all of the property owners within 300 feet of the parcel except one; that those that they were able to contact had no WEST ONE BANK FINDINGS OF FACT & CONSLUSIONS OF LAW Page - 2 objection to the rezone. 8. The Applicant's representative stated that the bank to be constructed would be about 5,000 square feet in size; that there would be landscaping on the perimeter and in the setback requirements that would include a combination of shrubs and trees; that the other bank branches are well landscaped and that this branch would be no different; that they would meet the City requirements on lighting; that the Bank did not intend fencing at this time but would have to see what the neighboring property owners desired. 9. That the Nampa & Meridian Irrigation District, Ada County Highway District, Meridian Fire Department, Meridian Police Department, Central District Health Department, and the Meridian Planning Director submitted comments, which are incorporated herein as if set forth in full; that the Irrigation District commented that all lateral and waste ways must be protected; that municipal drainage must be retained on site; and that irrigation water me made available to the development. 10. That the Ada County Highway District stated that the right-of-way was 80 feet and that no additional right-of-way was required. 11. That the property is located on Cherry Lane and it is designated an Entryway Corridor in the Comprehensive Plan; the Entryway Corridors Goal Statement includes the following statement: 4.4U Encourage 35 -foot landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all WEST ONE BANK FINDINGS OF FACT & CONSLUSIONS OF LAW Page - 3 entrance corridors. 12. That there have been recent zoning changes along Cherry Lane to allow commercial and limited office uses, including dental and orthodontic offices, insurance offices, day care, construction offices, real estate offices and there have been such uses along Cherry Lane for some period of time. 13. 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 (201) wide, and shall not be a part of the normal street right of way or utility easement." 14. 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;" 15. That Section 11-6-606 B 14, requires pressurized irrigation. 16. That the property will be zoned L -O, Limited Office, if this Application is granted; that a conditional use permit is required for the operation of a drive-in facility, which the Bank's representative stated would be included in the facilities proposed by West One Bank. 17. There were no comments given at the public hearing objecting to the application. CONCLUSIONS 1. That all the procedural requirements of the Local WEST ONE BANK FINDINGS OF FACT & CONSLUSIONS OF LAW Page - 4 0 0 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 Applicants, property. 2. 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. 3. That the City of Meridian has authority to place conditions upon granting a zoning amendment. 4. That the City has judged this Application for a zoning amendment upon the basis of guidelines contained in Section 11-2- 416 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 Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it can take judicial notice. 5. 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 property located on 220 West Cherry Lane is now a house designed for residential use but there are other uses in the area which support residential needs and a mix of those WEST ONE BANK FINDINGS OF FACT & CONSLUSIONS OF LAW Page - 5 0 0 uses and a rezone of the subject property for use as a bank is in line with those uses. (c) The area around the proposed zoning amendment property is in the proximity of an existing concentrated commercial neighborhood and other Limited Office Zoning which promotes the City's goal of clustered business uses. (d) There have been changes in the area which tend to dictate that the property should be rezoned, and the property is designed to be developed in a fashion which comports with the existing development and the residential uses in the area. (e) That the property must be 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 and would 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 as a bank will likely cause a significant increase in vehicular traffic and all efforts will have to be made to resolve traffic issues. (k) That this rezone will not result in the destruction, loss or damage of any natural or scenic feature of major importance. (1) The proposed zoning amendment is in the best interest of City of Meridian. 6. It is further concluded that the recommendations, comments, and requirements of the City Engineer, if submitted, shall be met and complied with. 7. The requirements of the Ada County Highway District and Nampa Meridian Irrigation District shall have to be complied with. WEST ONE BANK FINDINGS OF FACT & CONSLUSIONS OF LAW Page - 6 0 0 S. As a condition of rezoning, if there is room, the property shall meet the requirements of the Entryway standard of a 35 foot landscaped set back, which must be landscaped. 9. That it is concluded that the rezone is appropriate and should be granted, but if the Applicant desires to include drive-in windows for bank service and condition use must be applied for and granted. 10 That it is further concluded that the Applicant must, as a condition of rezone, look into whether or not irrigation water can be supplied by an irrigation district and a pressurized irrigation system installed that uses the irrigation water from the irrigation district; if irrigation water from an irrigation district can not be used, that the Applicant shall look into supplying irriagtion water from a well; it is further recommended to the City Council that if irrigation water from a district can be used that such water use be required as a condition of rezone; that if irrigation water from an irrigation district cannot be used, that the Applicant be required to drill a well for its water for sprinkler use, as a condition of rezone. It is further concluded that if irrigation water from an irrigation district is not available or if a well cannot be drilled to supply water for irrigation, that this paragraph not be a condition of the rezone. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. WEST ONE BANK FINDINGS OF FACT & CONSLUSIONS OF LAW Page - 7 ROLL CALL COMMISSIONER HEPPER VOTED COMMISSIONER ROUNTREE VOTED COMMISSIONER SHEARER VOTED e COMMISSIONER ALIDJANI VOTED CHAIRMAN JOHNSON (TIE BREAKER) 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 requested by the Applicant for the property described in the application with the conditions set forth in these Findings of Fact and Conclusions of Law and that the property be required to meet the water and sewer requirements, the Nampa Meridian Irrigation requirements, Ada County Highway District requirments, the Uniform Building Code, the fire and life safety codes, and the Uniform Building Code, and other Ordinances of the City of Meridian; that the Applicant meet the requirements of paragraph 10 of the Conclusions regarding irrigation water; and that the Applicant meet the 35 foot landscaped set back required under the Meridian Comprehensive Plan. MOTION: APPROVED: — DISAPPROVED: WEST ONE BANK FINDINGS OF FACT & CONSLUSIONS OF LAW Page - 8 • • I / WE HAVE NO OBJECTION 1`0 THE REZONING OF PROPERTY LOCATED AT 220 W. CHERRY LANE, OWNED BY ETHEL CARPENTER, TO A ZONE OF L.O. (LIMITED OFFICE) FOR THE LOCATION OF A BRANCH BANK. I 2 4. 5. 6. 7. 8.� 9. DATE SIGNED ,fL /,.7- /9 q- APR -14-1994 08:49 0EST & COMPANY, INC. 0 208 322 5910 P.02 "ECHURCHoF ]ESUS CHRIST °FLATTER -DAY SAINTS NORTH AMIRICA ROATaaeer tRIA NTLICAt FACUTI(s OFFICE 2110 W. Sums, Rim R4 aril# 209 haw, WIN 93705 p6ne 00) 1431735 FAA 12091 3452192 April 0, 1994 Greg Thueson Guest & Company 6003 Overland Rd., Suite 104 Use, ID 63709 Deer Greg, We have discussed the ground that the West One Bank organization would tike to to -zone from residential to commaccial in Meridian. We do understand that h is in our neighborhood and across the street from our Meridien Chapel an Cherry Lane. We feet that the re -toning of this property from residential to office would be acceptable to us. We feel that the 1118 of Office toning would be compatible in the neighborhood, hot do feel that a classification of straight commercial would be ttegative and we would object to this use. Sincerely, Rkhard L. Maurer Senior Real Estate Representative RLMlsaf n bee• re 1 2 e6 N Ne6b6w lie • «y a r�s7,sY`C 7 S Iot" •SII- • eo:r m FtN1 ►leRlaw.+6aJ•t.aS6 p %C /5'5"ge6'60 sr'� 64 2,� 64 M3 14.0 -64 {I 12e 6 ',�: o��o i Yo 6 H 5 • w o 3�1 Zy'b .' ' • �6�0 ser:r et •o ' t 10 9 ` 361— 46 47 } '29it 31 32 33 II 314800]e « 37 u 38._ • 12 rY Ly 46 �U �4. rm so eo ee.ie rs la.ee r� r YP m i rft Cn. r • 1 N °o I 8 4 GW COOwrCll• 6e,e0M 6P G00 '�CHVYCHES OK 5fvtmr*DA,( 0 ro Rv— "i`-- MC r-^OL)r�. ,rt7,✓ I "OFF, ANZ045 M 2 4 1 -. .� � - ♦ 111 1 € NA CIE AE c.'u n bee• re 1 2 e6 N Ne6b6w lie • «y a r�s7,sY`C 7 S Iot" •SII- • eo:r m FtN1 ►leRlaw.+6aJ•t.aS6 p %C /5'5"ge6'60 sr'� 64 2,� 64 M3 14.0 -64 {I 12e 6 ',�: o��o i Yo 6 H 5 • w o 3�1 Zy'b .' ' • �6�0 ser:r et •o ' t 10 9 ` II • 12 rY P V �4. n bee• re 1 2 e6 N Ne6b6w lie • «y a r�s7,sY`C 7 S Iot" •SII- • • ORIGINAL. BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION G. L. VOIGHT ANNEXATION AND ZONING A PORTION OF THE NW 1/4 OF SECTION 20, T.3 N., R.1 E., B.M. MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on April 26, 1994, 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 Commission having heard and taken oral and written testimony and the Applicant appearing through a representative, Jim Merkle, 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 April 26, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the April 26, 1994, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were made available to newspaper, radio and television stations. 2. That the property included in the application for annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is VOIGHT FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 1 0 0 approximately 97 acres in size; it is in the Northwest 1/4 of Section 20, Township 3 North, Range 1 East, Ada County, Idaho. 3. That the property is presently zoned by the County; that the Applicant has requested that the property be zoned R-4 Residential by the City. 4. The general area surrounding the property is used agriculturally and residentially; that much of the residential property to the west is zoned R-4 Residential but is developed at less density than allowed in the R-4 zone. 5. That the property is adjacent and abutting to the present City limits. 6. The Applicant is not the owner of record of the property but the owners of record, N. L. Patel, Inc., Sanja Ray M. D., Inc. and Ravinder N. Gutpa, M. D. Inc., have requested the annexation and consented to the Application. 7. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 8. That the 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 applicant indicated that the intended development of the property is for R-4 residential; Applicant's representative stated at the hearing that he believed this annexation and zoning was in compliance with the new Meridian City Comprehensive Plan, that City sewer will service this site from the future Five Mile trunk extension, that City water can service this VOIGHT FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 2 0 0 property from existing lines in Overland Road, that they can comply with the requirements of the City Engineer, and that the developer has indicated he has set aside up to four acres of the southeast corner of the property for a future school or park site; a preliminary plat of the property was not submitted and the Applicant's representative did not know whether fencing was going to placed along Overland Road or whether there was going to be screening or landscaping; he did indicate that he would anticipate something along the line of Fieldstone on Ustick Road with berms and fences, and that those issues would be resolved when a preliminary plat was submitted. 10. That in the Rural Area section of the Comprehensive Plan, Section 6.3, it does state that land in agricultural activity should so remain in agricultural activity until urban services can be provided. 11. That the property can be physically serviced with City water and sewer, if the Applicant extends the lines. 12. Meridian City Engineer, Ada County Highway District, Nampa Meridian Irrigation District, Meridian Planning Director, police Department, Fire Department, Meridian School district and the Central District Health Department submitted comments and such are incorporated herein as if set forth in full; that the Engineer had the following comment: "The R-4 zoning requested will probably produce 300 lots for 810 people. Because of the parcel size,, if the annexation and zoning is approved, I request the approval be contingent on us receiving positive results from out computer model analysis of the projects impact on our water and sewer VOIGHT FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 3 0 systems."; i the Meridian Planning Director had the following comment: "This request for annexation and zoning is in general compliance with the Meridian Comprehensive Plan. Generalized Land Use Map depicts single-family residential for this area. The Comprehensive Plan calls for a school and park site at the southeast corner of this property. Developer has indicated a willingness to dedicate necessary land for this purpose as part of the development in conjunction with adjacent landowners/developers." 13. 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."; that the R-4 zoning district requires a minimum of 1,400 square feet to be included in houses in that zone. (11-2-411 D) 14. That the Meridian Comprehensive Plan, under Land Use, Residential Policies, 2.1U states as follows: "Support a variety of residential categories (urban, rural, single-family, multi -family, townhouses, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities." 15. That the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.3 c., it states as follows: "Within the Urban Service Planning Area development may occur in densities as low as 3 dwellings per acre if physical connection is made to existing City of Meridian water and sewer service and the property is platted and subdivided . 11 VOIGHT FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 4 0 0 16. That the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.4, it states as follows: "Residential development is allowed in the rural area provided that said development does not exceed the Rural Residential Agricultural density, unless it is inside the Urban Service Planning Area and City sewer and water is provided, then Low, Medium and High density residential may be considered. All residential development must also comply with the other appropriate sections of this plan." 17. That the Meridian Comprehensive Plan, under Population, Housing Policies, at page 66, it states as follows: "1.1 The City of Meridian intends to provide for a wide diversity of housing types (single-family, modular, mobile homes, multi -family, townhouses, apartments, condominiums." "1.3 An open housing market for all persons, regardless of race, sex, age, religion or ethnic background." "1.4 The development of housing for all income groups close to employment and shopping centers should be encouraged." 18. That there is a population influx into the City of Meridian at the present time which has been going on for some time and is likely to continue; that the land is relatively close to Meridian and economic conditions are making it difficult to continue farming in the area. 19. That the City Engineer previously submitted comment in a different application that a determination of ground water level and subsurface soil conditions should be made. 20. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political VOIGHT FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 5 0 0 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 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. 21. 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. 22. 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 (101) wide." VOIGHT FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 6 0 0 23. 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 (201) wide, and shall not be a part of the normal street right of way or utility easement." 24. 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;" 25. 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 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." 26. That Section 11-9-605 L states as follows: VOIGHT FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 7 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 Design Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments. 27. That there was no testimony objecting to the Application. 28. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission were given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land 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 VOIGHT FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 8 0 0 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 annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant with the consent of the titled owners and the annexation is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P.D 1075 (1983). 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, 11-9-605 M. which pertains to the tiling of ditches and waterways, and 11-6-606 B 14, which pertains to pressurized irrigation. 10. That the Applicant's property is in compliance with the Comprehensive Plan, and therefore the annexation and zoning Application is in conformance with the Comprehensive Plan. 11. That the requirements of the Meridian City Engineer shall be met and addressed in a development Agreement; that if the Meridian Fire and police Departments, Meridian School District, the VOIGHT FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 9 0 0 Central District Health Department, and the Meridian Planning Director submit comments, they shall be met and addressed in a development Agreement. 12. That all ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled the property shall be subject to de -annexation; that pressurized irrigation shall be installed and if not installed the property shall be subject to de - annexation. 13. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land; 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 require#d 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 1, H 2, K, L; 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 impact, development, 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. 14. That the house size requirements for the R-4 district, at VOIGHT FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 10 0 0 a minimum, shall apply, and Applicant is encouraged to require larger homes than the minimum. 15. That proper and adequate access to the property is available and will have to be maintained; that access to and for the adjacent property owners will have to be worked out and included in the development agreement, or the property will not be annexed or, if annexed, it will be de -annexed. 16. That these conditions shall run with the land and bind the applicant, the titled owners, and their assigns. 17. With compliance of the conditions contained herein, the annexation and zoning of R-4 Residential would be in the best interest of the City of Meridian. 18. That if these conditions of approval are not met the property shall be subject to de -annexation. APPROVAL OF FINDINGS OF FACT AND 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 CHAIRMAN JOHNSON (TIE BREAKER) VOTED 4Xs VOTED VOTED C` VOTED � 5 VOTED VOIGHT FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 11 0 0 DECISION AND RECOMMENDATION 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 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 and owners be specifically required to tile all ditches, canals and waterways and install a pressurized irrigation system as a condition of annexation and that the Applicant meet all of the Ordinances of the City of Meridian, specifically including the development time requirements and entering into the required development agreement, and the conditions of these Findings and Conclusions of Law, and that if the conditions are not met that the property be de -annexed. That the annexation shall also be contingent on the City receiving positive results from the City's computer model analysis of the projects impact on out water and sewer systems. MOTION: / APPROVED: v DISAPPROVED: Q� VOIGHT FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 12 bRIGINAL BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION ST. LUKES ANNEXATION AND ZONING PORTIONS OF SECTIONS 16 AND 17, T.3 N., R.1 E., B.M. MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on April 26, 1994, 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 Commission having heard and taken oral and written testimony and the Applicant appearing through a representative, Wayne Forrey, 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 April 26, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the April 26, 1994, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were made available to newspaper, radio and television stations. 2. That the property included in the application for annexation and zoning is described in the application, and by this reference is incorporated herein; that the entire parcel of FINDINGS OF FACT AND CONCLUSIONS OF LAW/ST. LUKES Page 1 property is approximately 147 acres in size; that the properties are described in the application and are incorporated herein; for purposes of these Findings and Conclusions the properties are generally described as follows: a. Land owned by the Applicant, St. Lukes Medical Center, described as a portion of the SW 1/4 NW 1/4 OF Section 16, Township 3 North, Range 1 East, Ada County, Idaho, hereafter referred to as the "St. Lukes" property. b. Land owned by the State of Idaho as a portion of Interstate Highway I-84 described as a portion of the E 1/2 of Section 17 and the NW 1/4 of Section 16, Township 3 North, Range 1 East, Ada County, Idaho, hereafter referred to as the "State" property. C. Land owned by the Wurst Family Trust described as a portion of the W 1/2 SE 1/4, Section 17, Township 3 North, Range 1 East, Ada County, Idaho, hereafter referred to as the "Wurst" property. d. Land owned by the Ronald G. Thomas Family Trust described as a portion of the SE 1/4 of Section 17, Township 3 North, Range 1 East, Ada County, Idaho, hereafter referred to as the "Thomas" property. e. Land owned by Curtis and Kim Peck described as a portion of the SE 1/4 SW 1/4 of Section 17, Township 3 North, Range 1 East, Ada County, Idaho, hereafter referred to as the "Peck" property. 3. That the property is presently zoned by the County as Rural Transition; that the Applicant, St. Lukes, has requested that its property be zoned Limited Office; the Application requests that the State property be zoned General Retail and Service Commercial, the Wurst and Thomas properties as R-15 Residential and the Peck property as R-4; that at the hearing the representative indicated that the Pecks desire that their property be zoned C -G, General Retail and Service Commercial rather than R-4 and the Pecks forwarded a letter to that effect on the 26th of April. FINDINGS OF FACT AND CONCLUSIONS OF LAW/ST. LUKES Page 2 4. The general area surrounding the 167 acres of property is used agriculturally and residentially; that much of the residential property is developed at less density than allowed in the R-4 zone. 5. That the property is adjacent and abutting to the present City limits; that the St. Lukes property is adjacent and to east of Eagle Road; that the State property is I-84 and the interchange land surrounding the I-84 and Eagle Road interchange; that the Wurst and Thomas properties are between the east bound off -ramp if I-84 and Overland Road; that the Peck property is between Overland Road and I-84. 6. The Applicant is the owner of record of its property as are the other parties included in the Application. 7. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 8. That the 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 entire parcel be annexed and zoned as stated above; that the applicant indicated that the intended development of its property was for a hospital site but the rest of the uses were not exactly known but that it would include things like physicians offices, ambulatory care, service like diagnostic X-ray, and laboratory facilities is for R-4 residential; that the particular uses of the property included in the Application were not specifically addressed, other than generally by means of the requested zoning. FINDINGS OF FACT AND CONCLUSIONS OF LAW/ST. LUKES Page 3 10. That in the Rural Area section of the Comprehensive Plan, Section 6.3, it does state that land in agricultural activity should so remain in agricultural activity until urban services can be provided. 11. That the property can be physically serviced with City water and sewer, if the Applicant and the other property owners extend the lines. 12. Meridian City Engineer, Ada County Highway District, Nampa Meridian Irrigation District, and Shari Stiles, the Zoning Administrator, the Meridian Police Department, Meridian Fire Department, the Central District Health Department, and the Nampa & Meridian Irrigation District submitted comments and such are incorporated herein as if set forth in full. 13. The Zoning Administrator commented that the Limited Office zoning requested by St. Lukes and the General Retail and Service Commercial requested for the State and now requested for the Peck's, land was consistent with the goals of the comprehensive Plan; that she had grave reservations about the R-15 zoning requests and that that type of zoning was not in compliance with the Comprehensive Plan and goals for this area; the City received a letter from the attorney for James F. Griffin who owns property in the vicinity the property requested to be annexed and zoned who stated that Mr. Griffin has some grave reservations about the propriety of zoning the Thomas and Wurst properties R-15 Residential . 14. Gary Smith, City Engineer commented that sanitary sewer FINDINGS OF FACT AND CONCLUSIONS OF LAW/ST. LUKES Page 4 0 0 service to all of the parcels is designated to be from the 5 Mile Interceptor as it is extended; that water service to the St. Lukes property will most likely need to be from an extension of a 12 inch diameter main in Eagle Road from Florence Street, approximately 6,000 feet to the North; that because of the parcels size, if the Application is approved, that it be conditioned on the City receiving a positive result from the computer models analysis of the projects impact on the water and sewer systems. 15. That the particular zoning districts mentioned for this annexation are described in the Zoning Ordinance, 11-2-408 B. 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. (R-15) Medium High Density Residential District: The purpose of the (R-15) District is 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. (L -O) Limited Office District: The purpose of the (L -O) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create FINDINGS OF FACT AND CONCLUSIONS OF LAW/ST. LUKES Page 5 0 0 noise, vibration or emissions of a nature offensive to the overall purpose of this district. The L -O District is designed to act as a buffer between other more intense non- residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal Water and Sewer System of the City of Meridian is a requirement in this district. (C -G) General Retail and Service Commercial: The purpose of the (C -G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel -related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. 16. That the Meridian Comprehensive Plan, Generalized Land Use Map, shows that the St. Lukes land is to be used for commercial uses and for a medical facility; that it shows Thomas, Wurst and Peck land as being used for mixed/planned use development. 17. That the Meridian Comprehensive Plan, under Land Use, Commercial Policies, 4.8U, it states as follows: "Encourage commercial uses, offices and medical -care uses to locate in the Old Town district, business parks, shopping centers and near high-intensity activity area, such as freeway interchanges." 18. That the Meridian Comprehensive Plan, under Land Use, Mixed -Use Area Adjacent to I-84 and Overland Road, it states as follows: "These area are unique in that they are surrounded by arterials, immediately adjacent to freeway (I-84), are relatively level in topography, have a distinct linear shape, and are greatly affected by contiguous industrial, residential and commercial land uses. In order that compatible land uses and efficient use of the land might occur, this corridor is anticipated for a variety of planned, compatible mixed uses. Probable mixed uses for the areas could be commercial, FINDINGS OF FACT AND CONCLUSIONS OF LAW/ST. LUKES Page 6 0 9 combined medium -t -high density residential, open space uses (as a means to buffer highway noise), tourist lodging, industrial, office, medical, and related land uses." 19. That the Meridian Comprehensive Plan, under Land Use, Overland/I-84 Mixed -Use Policies, it states as follows: 5.6 The development of a variety of compatible land uses should be provided in specific plans and proposals for future development. 5.8 Development in these areas should be based on functional plans and proposals in order to ensure that the proposed uses conform to the Comprehensive Plan policies and are compatible with the surroundings neighborhoods. 5.9 The integrity and identity of any adjoining residential neighborhood should be preserved through the use of buffering techniques, including screen plantings, open space and other landscaping techniques. 5.10 Development should be conducted under Planned Unit Development procedures and as conditional uses, especially when two or more differing uses are proposed. 5.14U Because these areas are near I-84 and Overland Road, high-quality visual appearance is essential. All development proposals in this area will be subject to design review guidelines and conditional uses permitting procedures. 5.15U The mixed-use area in the vicinity of the Overland/Eagle Road/I-84 interchange is a priority development area. 20. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states 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 subdivision."; FINDINGS OF FACT AND CONCLUSIONS OF LAW/ST. LURES Page 7 0 0 that the City of Meridian is concerned with the increase in development 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 healthcare, 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. 21. 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 property, which if possible, would be retroactive and apply to all development in the City, because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 22. 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 (201) wide, and shall not be a part of the normal street right of way or utility easement." 23. That Section 11-9-605 H 3. states as follows: "In the case of planned unit developments and large scale developments, the Commission may require sufficient park or open space facilities of acceptable size, location and site FINDINGS OF FACT AND CONCLUSIONS OF LAW/ST. LUKES Page 8 characteristics that may be suitable for the proposed development." 24. 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 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." 25. 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 Design Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments. 26. That section 11-9-605 M., Piping of Ditches, requires that all ditches, laterals or canals be tiled. 27. That section 11-9-606 B 14., Pressurized Irrigation FINDINGS OF FACT AND CONCLUSIONS OF LAW/ST. LUKES Page 9 0 0 System, requires that underground pressurized irrigation be supplied in each subdivision. 28. That there was no testimony objecting to the Application. 29. That proper notice was given as required by law and all procedures before the Planning and zoning Commission were given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW/ST. LUKES Page 10 0 0 existing within the City and State. 6. That the land within the annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant with the consent of the titled owners and the annexation is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P.D 1075 (1983). 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, 11-9-605 M. which pertains to the tiling of ditches and waterways, and 11-6-606 B 14, which pertains to pressurized irrigation. 10. That the proposed uses of the St. Lukes' and the State properties, determined from the requested zoning, are in compliance with the Comprehensive Plan, and therefore those annexations and zonings are in conformance with the Comprehensive Plan; that the use of the Peck property for a R-4 Residential use is not in compliance with the Comprehensive Plan, but the use of General Retail and Service Commercial, as requested on the date of the hearing, would be; that whether or not the requests by the Thomas' and the Wursts for an R-15 Residential use are in compliance with FINDINGS OF FACT AND CONCLUSIONS OF LAW/ST. LUKES Page 11 • 0 the Meridian Comprehensive Plan depends on whether they are conducted under a planned unit development procedures and as conditional uses, as suggested in the Comprehensive Plan. 11. It is concluded as stated above in paragraph 19 of the Findings, that development in these areas should be based on functional plans and proposals in order to ensure that the proposed uses conform to the Comprehensive Plan policies and are compatible with the surroundings neighborhoods; no plans were submitted with the annexation application showing the development of the Wurst and Thomas properties and thus it is difficult to zone the property without knowing the type of proposed development; that it is, however, concluded that the lack of plans for the property should not be an impediment to its annexation, but the development of the property must be controlled as a condition of annexation. 12. That the requirements of the Meridian City Engineer, the requirements of 11-9-605 G 1., planting strips, 11-9-605 H, park or open space, 11-9-605 K, linear open space, 11-9-605 L, pedestrian pathways, 11-9-605 M, and 11-9-606 B 14., pressurized irrigation shall be met and addressed in a development Agreement. 13. That all ditches, canals, and waterways shall be tiled and pressurized irrigation installed as a condition of annexation and if not so done the property shall be subject to de -annexation. 14. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land; that the development of the property shall be subject to and controlled by the Subdivision and Development FINDINGS OF FACT AND CONCLUSIONS OF LAW/ST. LUKES Page 12 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 of these conclusions, and other matters, as a condition of annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any impact, development, 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. 15. That these conditions shall run with the land and bind the applicant, the titled owners, and their assigns. 16. With compliance of the conditions contained herein, the annexation and zoning, as requested, would be in the best interest of the City of Meridian; provided, however, that the annexation and zoning of the Thomas and Wurst properties shall be conditioned on development being conducted under Planned Unit Development procedures and as conditional uses; it is specifically concluded that in this area a commercial use would be more appropriate than the R-15 proposed use; that the Commission, believes however, that the use of the property is more the decision of the land owner as long as it is in compliance with the Comprehensive Plan. 17. That if these conditions of approval are of met the not property shall be subject to de -annexation. FINDINGS OF FACT AND CONCLUSIONS OF LAW/ST. LUKES Page 13 0 0 APPROVAL OF FINDINGS OF FACT AND The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER VOTED 7 COMMISSIONER ROUNTREE VOTED COMMISSIONER SHEARER VOTED q� COMMISSIONER ALIDJANI VOTED CHAIRMAN JOHNSON (TIE BREAKER) 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 annexation and zoning as stated above for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law, specifically that the Thomas and Wurst properties shall be conditioned on development being conducted under Planned Unit Development procedures and as conditional uses, and that the Applicant and owners be specifically required to tile all ditches, canals and waterways and install a pressurized irrigation system as a condition of annexation and that the Applicant meet all of the Ordinances of the City of Meridian, specifically including the development time requirements and entering into the required development agreement, and the FINDINGS OF FACT AND CONCLUSIONS OF LAW/ST. LURES Page 14 0 0 conditions of these Findings and Conclusions of Law, and that if the conditions are not met that the property be de -annexed. MOTION: APPROVED: DISAPPROVED: 114 - FINDINGS OF FACT AND CONCLUSIONS OF LAW/ST. LUKES Page 15