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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:
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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-
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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."
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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.
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,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.
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The aforesaid we believe to be the true representation of fact, and our opinion in
this matter:
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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
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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.
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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,
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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
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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.
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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
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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
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• • 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
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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
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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
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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