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1994 06-14 AGENDA MERIDIAN PLANNING & ZONING COMMISSION TUESDAY, JUNE 14, 1994 - 7:30 P.M. CITY COUNCIL CHAMBERS MINUTES OF SPECIAL MEETING HELD MAY 31, 1994: (APPROVED) TABLED AT MAY 10, 1994 MEETING: HAVEN COVE NO.S PRELIMINARY PLAT BY S.I. DEVELOPMENT AND DAVID COLLINS: (APPROVED) 2. TABLED AT MAY 10, 1994 MEETING: FIRE LIGHT ESTATES PRELIMINARY PLAT BY RUNNING BROOK ESTATES AND NUBBLE ENGINEERING: (APPROVED) 3. TABLED AT MAY 10, 1994 MEETING: TURTLE CREEK SUBDIVISION PRELIMINARY PLAT BY STEEL & SON AND JUB ENGINEERS: (APPROVED) 4. TABLED AT MAY 10, 1994 MEETING: CANNA LILY ESTATES (FORMERLY STATE STREET EXTENSION SUBDIVISION) PRELIMINARY PLAT BY FLOYD AND VICTORIA MADSEN: (APPROVED) 5. TABLED AT MAY 10, 1994 MEETING: ARROWLEAF SUBDIVISION PRELIMINARY PLAT BY ROBERT GLENN: (APPLICANT PULLED APPLICATION) 6. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR HAVEN COVE NO. 5 SUBDIVISION: (APPROVED) 7. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR PINE MEADOWS ANNEXATION AND ZONING: (APPROVED) 8. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR PRESTON'S ASPEN GROVE ESTATES ANNEXATION AND ZONING WITH A PRELIMINARY PLAT: (APPROVED) 9. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR BW INC. REZONE REQUEST: (APROVED) 10. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR STACIE YBARRA ACCESSORY USE PERMIT: (APPROVED) 11. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR HARTFORD SUBDMSION ANNEXATION AND ZONING WITH A PRELIMINARY PLAT: (APPROVED; PRELIMINARY PLAT TABLED UNTIL JULY 12, 1994 MEETING) 12. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CHAMBERLAIN ESTATES NO.2 ANNEXATION AND ZONING WITH A PRELIMINARY PLAT: (APPROVED; PRELIMINARY PLAT APPROVED) 13. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR FAWCETT'S MEADOWS NO. 2 ANNEXATION AND ZONING WITH A PRELIMINARY PLAT: (APPROVED; PRELIMINARY PLAT APPROVED) 14. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR RAMBLE WOOD SUBDMSION ANNEXATION AND ZONING WITH A PRELIMINARY PLAT: (APPPROVED; TABLE PRELIMINARY PLAT UNTIL JULY 12, 1994) 15. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING FOR E.L. SEWS BY E.L. BEWS AND WAYNE FORREY: (TABLED UNTIL NOVEMBER 9, 1894 MEETING) 16. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING FOR THE HOLLOWS BY BOND CAMPBELL: (CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIOINS OF LAW) 17. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING FOR NEB-i COMPANY BY BILL GEYER AND RUBBLE ENGINEERING: (CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW) 18. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR ASHFORD GREENS SUBDIVISION BY BOISE RESEARCH CENTER AND RUBBLE ENGINEERING: (CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW) AGENDA MERIDIAN PLANNING & ZONING COMMISSION TUESDAY, JUNE 14, 1994 - 7:30 P.M. CITY COUNCIL CHAMBERS MINUTES OF SPECIAL MEETING HELD MAY 31, 1994: ~/'/°~'"~e`~' 1. TABLED AT MAY 10, 1994 MEETING: HAVEN COVE NO. S PRELIMINARY PLAT BY S.I. DEVELOP/MENT AND DAVID COLLINS: ~, c ~ ~,p C/r/~ra vC ~ {Zi vrn-aJ-LC i'e COQ--.-..¢_...a[nX~a-/'F'~- ~ ~ /`n"e'~./_ cam{" 2. TABLED AT M//A/Y 10, 1994 MEETING: FIRE LIGHT ESTATES PRELIMINARY PLAT BY RUNNING BROOK ESTATES AND HUBBL~ ENGINEERING: aZ /~~/.;•~~ -- f-PCOS~n~.•--aL~~vozo.5-Zz, -~L C' f r~y/'p'-nvr ~-ze.~~~ 3. TABLED AT MA/Y 10, 1994 MEETING: TURTLE CREEK SUBDIVISION PRELIMINARY PLAT BY STEEL & SON AND JUB ENGINEERS' ~~~~ ci~~rove ~ `'aIr ~gvJia..~r v~°cv~-Cfwt~°,.- ~ e~G ~'- 4. TABLED AT MAY 10, 1994 MEETING: CANNA LILY ESTATES (FORMERLY STATE STREET EXTENSION SUBDIVISION) PRELIMINARY PLAT BY FLOYD AND VICTORIA MADSEN: 5. TABLED AT MAY 10, 1994 MEETING: ARROWLEAF SUBDIVISION PRELIMINARY PLAT BY ROBERT GLENN: aP~~ r~~-^~` 6. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR HAVEN COVE NO.S SUBDIVISION: a~oPr~~~ -L/f ~~ e/~ burr r`o ~~"-~~~- /PCarnme.~Gla t-il~~ ~v C~/C' {t1- ~t~ioi'o/et.~ 7. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR PINE MEADOWS ANNEXATION AND ZONING: ~/~/>ro~e ~~~.~ clc /%'urf ~" ~~o-t-u,~e /~eco~a.u,,.cCa.~3v~-~ {~ C'/C ~t a~piave.~- 8. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR PRESTON'S ASPEN GROVE ESTATES ANNEXATION AND ZONING WITH A PRELIMINARY PLAT: app%o~er ~/'F ~c/C past ~f-v ~-ecoa,~.-~-cl~-ia~.-J ~ ~/e 9. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR BW INC. REZONE REQUEST: a~~~~/e ~'/{ F' e~C ~ctsa to i-ecoy.,~e..~(.ef~v,.~r -~ c' ~~' 10. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR STACIE YBARRA ACCESSORY USE PERMIT: a-~/~~-~/e ~/-{' ~ c~~ ~a is 7~ /-e c c~-~ r...~._c1~,fit~- f~ C~/C 11. FINDINGS OF FACTAND CONCLUSIONS OF LAW FOR HARTFORD SUBDMSION ANNEXATION AND ZONING WITH A PRELIMINARY PLAT: ~~~/-o v.C ~'~~ s` C'~L ~Ja 1r ~o v2 c o ". v+-~~c~o~.f~ o-~ to C~c -~u~- a p~oroz/u-~~ • • 12. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CHAMBERLAIN ESTATES N0.2 ANNEXATION AND ZONING WITH A PRELIMINARY PLAT: w~pvovr ~/-F ~' c/L ~u sr recvm~,.d.~i.•~r fv C~c `'rave ~,af Olaf 13. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR FAWCETT'S MEADOWS NO. 2 ANNEXATION AND ZONING WITH A PRELIMINARY PLAT: ~~prave ~~{ g C'/L ~~st Ynco-.~,~•~n~°Lfi'0~f ~ C'/G ~~icvY~sel.~/F 14. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR RAMBLE WOOD SUBDMSION ~4N~VEXATION AND ZONING WITH A PRELIMINARY~ P/LnA~Tp C~/J~JYove ~ f IX e~L pl(Ir I BCOr~-vr-Q~~~l7~J' -~ ~'lG 1 //L~~~tf 15. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING FOR E.L. '~"~y ~L SEWS BY E.L. BEWS AND WAYNE FORREY: ~~~red uv~h7 ifr~c ~i5 16. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING FOR THE HOLLOWS BY BOND CAMPBELL: ~:o,Z~isFkv~.~ u tltrv,.eJ lv P rePwu ~h.~.hJ f o~ {~ c t{ ~ ..Paur- 17. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING FOR NEB-i COMPANY BY BILL GEYER AND RUBBLE ENGINEERING: (~i~ Gi~vNt~ ~v ~-te~pa~c.e ~rYwZ'ih~ro~frct ~(~C~.e.libhra~/cta,- 18. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR ASHFORD GREENS SUBDIVISION BY BOISE RESEARCH CENTER AND NUBBLE ENGINEERING: (~i~ C ~fdv~.e.~/ ~i ~-.e~~e ~ihGCih~ 0~' f C'JrzCC'uJ:c~, f ~~ /~cw CITY ~~ ~IE~~D~AN ~ ~rahh,~9 ~ 20 ~y r~t5 . HC~B ~E T~2EA5Ilr~E ~°A~LEY ~~ EAST ~~AHO Just- ¢~ /~ 9¢ I~IER9i3iQ~I, I[3AF1® 83642 PUBLIC MEETING SIGN-UP SHEET NAME: PHONE NUMBER: ~~~ ~~~~ - I7~ -~'~"-~ -------w~ `-Sh ~---------------------------------------~ '-S -- ~ y ~ 3 ---------------- MERIDIAN PLANNING & ZONING COMMISSION JUNE 14. 1994 The regular meeting the Meridian Planning & Zoning Commission was called to order by Chairman Jim Johnson at 7:30 P.M.: Members Present: Charlie Rountree, Moe Alidjani, Jim Shearer, Tim Hepper: Others Present: Will Berg, Wayne Crookston, Gary Smith, Shari Stiles, Wayne Forrey, Alan Cavener, Thomas Geile, Bond Campbell, Jim Merkle, Mike Wardle, Mark and Janiz, Dean Langley, David Turnbull, Archie Roberson, Ron Walsh: MINUTES OF THE SPECIAL MEETING HELD MAY 31, 1994: Johnson: You have all read the minutes, are there any corrections, deletions or additions? I would entertain a motion for approval. Alidjani: I make a motion that we approve the minutes of May 31, 1994. Rountree: Moved and seconded to approve the minutes as written, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: I want to thank Charlie for filling in for me that night ITEM #1: TABLED AT MAY 10, 1994 MEETING: HAVEN COVE NO. 5 PRELIMINARY PLAT BY S. I. DEVELOPMENT AND DAVID COLLINS: Johnson: This item was originally tabled on February 8, 1994 and tabled right on through on May 10, 1994. Rountree: I have a question for Gary Smith on this. Are we finally complete in terms of addressing your concerns on this preliminary plat? Smith: Mr. Chairman, Commission members, the applicant's engineer David Collins is incapacitated in the hospital as of today and he had been in conversation with me today by telephone and assured me that all of the items that Shari and I had addressed in our comments would be taken care of. He did resubmit another plat that has the contour lines on them and other than that, my conversation with him has been by telephone and he basically told me what I just relayed to you. Johnson: How is your comfort zone? Smith: I don't have any problem with it, he told me he would do this and obviously I am not going to process the final plat until (inaudible). He has agreed to it verbally to mine and Meridian Planning & Zoning June 14, 1994 Page 2 Shari's comments. Rountree: Thanks Gary. Johnson: Okay, what do we need to do here. Rountree: Mr. Chairman, I make a motion that we pass a favorable recommendation on this preliminary plat to the City Council conditioned on the developer addressing the comments from City Staff. Shearer: Second Johnson: It is moved and seconded that we recommend approval based on conditions of City Staff, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #2: TABLED AT MAY 10, 1994 MEETING: FIRE LIGHT ESTATES PRELIMINARY PLAT BY RUNNING BROOK ESTATES AND NUBBLE ENGINEERING: Johnson: Any questions, concerns, discussion regarding this item? Hepper: Probably the same questions to Gary and Shari that we just had, are they comfortable with everything that has been presented to them? Johnson: Would you like those people to comment or Gary to comment? Hepper: Please Johnson: Same question Gary or Shari. Smith: Mr. Chairman, Planning & Zoning Commissioners, the applicants engineer did revise the preliminary plat and has resubmitted that to me and they have addressed those items that I had questioned at the time of my review of the preliminary plat. Hepper: At the time we had some questions about a homeowners association on the landscape lots near the entrance and the width of the berm area, has that been addressed? Smith: Yes, they have shown that as a separate lot now and it is 20 foot in width. Meridian Planning & Zoning June 14, 1994 Page 3 Hepper: And the fence along the road will be built by the developer not by the homeowners? Smith: That would probably be part of, I don't know if this one is subject to the development agreement but that is a condition of approval. I would expect that would be included in that. Hepper: I think it was at the time we were discussing it. Smith: They have made the revisions that I had requested on the plat. Johnson: Any other questions of the City Engineer? Entertain a motion. Hepper: Mr. Chairman, I move that we recommend to the City Council that they approve the preliminary plat for Fire Light Estates with the stipulation discussed, and that Shari's and Gary's concerns lie addressed and that the developer be responsible for building fence along the entryway and not the individual homeowners. Rountree: Second Johnson: It is moved and seconded that we recommend approval of the preliminary plat based on the conditions so stated by Commissioner Hepper, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: TABLED AT MAY 10, 1994 MEETING: TURTLE CREEK SUBDIVISION PRELIMINARY PLAT BY STEEL AND SON AND JUB ENGINEERS: Johnson: Same situation, same procedure. Questions of either Shari or Gary Smith? Alidjani: If they don't have a problem with it, that is the only question 1 have. Smith: Mr. Chairman, Planning & Zoning Commissioners, the applicant's engineer Gary Lee resubmitted the preliminary plat containing the requested revisions that I had in my comments. Alidjani: Thank you Gary. Johnson: Anything to add to that Shari? No, thank you, we need a motion on item #3 as well. Meridian Planning & Zoning June 14, 1994 Page 4 Rountree: Mr. Chairman, I move we pass a favorable recommendation onto the City Council on this pre-iminary plat. Atidjani: Second Johnson: It is moved and seconded that pass a favorable recommendation to the City Council for the Turtle Creek subdivision preliminary plat, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: TABLED AT MAY 10, 1994 MEETING: CANNA LILY ESTATES (FORMERLY STATE STREET EXTENSION SUBDIVISION) PRELIMINARY PLAT BY FLOYD AND VICTORIA MADSEN: Alidjani: Gary, is there any problem with that item #4? Smith: Mr. Chairman, Commission members, 1 received a small reduced copy of the plat, it has been revised showing a longer culdesac. 1 think that was done at the request of the Highway District to provide access to the lots that back up to Pine Street right now. I know there was quite a bit of concern from this Commission at the public hearing concerning access to the subdivision from Pine. I am trying to recall but I think the Commission requested a letter be sent to the Highway District requesting that access, is that correct? Johnson: That is the way I recall it, I know the feeling is that there is a curb cut already existing there and that for fire and safety reasons that long culdesac situation there is not desirable by the Commission or members of the City Council. 1 believe they would like to see an access onto Pine there for those reasons and for other reasons including traffic. Smith: Right, that is what I remember aril I had an opportunity to talk to Larry Sale today, he mentioned to me that if the City feels strongly enough about that access going through that he didn't feel the Highway District would have a problem requiring it. Johnson: Yes, because that subdivision doesn't have a stub street going anywhere. Even on those we approve at least there is a stub street for future development, but that would be the end of it the way it is platted now. Smith: The other item I had was providing sewer service to the property to the east of this parcel. Mr. Madsen was in a week or so ago and talked to me briefly about it. As far as 1 can tell the sewer service to that parcel that is undeveloped between the Church and the multi-family dwellings I think they are four-plexes or a series of duplexes, has to be into this parcel. There is a possibility that the sewer could be built in 8th street to the north and Meridian Planning & Zoning June 14, 1994 Page 5 connect to the line that serves the Church, but I am not familiar with what the exact size of that line so I don't know if it is appropriate or not. But I did reiterate to Mr. Madsen that we had to have a sewer line serve this parcel of ground and that it would probably be most necessary to exit his subdivision with it. Johnson: Any further questions? Hepper. Yes, Mr. Chairman, there is a note on the preliminary plat here the small one that we have that says notes, #3 homes will be a minimum of 1300 square feet and that is with an R-4 zoning designation, that needs to be corrected to 1400 square feet minimum. Johnson: Item #3? Hepper: Yes Johnson: Okay, that is kind of difficult to read, Okay, what did we decide here? Crookston: I have a question for Wayne, if we would condition this that the access would be provided on Pine wouldn't it have to come bade for a hearing or would the City's hearing take care of that? Crookston: Well, if there is a substantial change in the plat it needs to come back. The plat is amended and it is a decision by the zoning administrator, but if it is significantly amended it needs to come back. Johnson: Well, it is his call as to whether it is substantial change? Crookston: Yes, it is only it is her. Johnson: What are you thinking Charlie? Rountree: Well the applicant really is not going to get ACHD to change their position without some kind of input from the City. Johnson: I think that is true. Rountree: My thoughts are something along the lines of having the Zoning Administrator work with ACHD on the possibility of providing that access and that be a condition of passing this onto City Council for approval. Johnson: Well, I think you are right, but Gary indicated they were receptive if the City staff Meridian Planning & Zoning June 14, 1994 Page 6 felt it was necessary. Rountree: Mr. Chairman, I make a motion that we pass onto the City Council a favorable recommendation conditioned on the City Zoning Administrator coordinating with ACHD and the developer to provide access onto West Pine Street and amended the plat to indicate 1400 square feet as a minimum home size. Shearer: Second Johnson: It is moved and seconded that we pass on a favorable recommendation onto the City Council conditioning 2 items access and square footage, all those in favor? opposed? MOTION CARRIED: All Yea ITEM #5: TABLED AT MAY 10, 1994 MEETING: ARROWLEAF SUBDIVISION PRELIMINARY PLAT BY ROBERT GLENN: Rountree: We have a letter that says that is being withdrawn. Johnson: Read the letter. Alidjani: This letter is to confirm our telephone conversation of June 13, 1994 concerning the preliminary plat. Our client has decided to terminate this project. This project was scheduled for action before the Planning & Zoning Commission on June 14, 1994. Thank you for your assistance during this project. I look forward to working with you on other projects in the Meridian area. Respectfully, Patrick Tealey. Johnson: Thank you Mohammed. ITEM #6: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR HAVEN COVE NO. 5 SUBDIVISION: Johnson: Are there any points of discussion or corrections? Alidjani: Mr. Chairman, I make the motion the Meridian Planning & Zoning Commission hereby adopt and approve these findings of fact and conclusions of law. Rountree: Second Johnson: It is moved and seconded that we approve the findings of fact and conclusions of law as written, roll call vote. Meridian Planning & Zoning June 14, 1994 Page 7 ROLL CALL VOTE: Hepper -Aye, Rountree -Aye, Shearer -Aye, Alidjani -Aye MOTION CARRIED: All Yea Alidjani: Furthermore, I make a motion that the Meridian Planning & Zoning Commission hereby recommends to the Meridian 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 if the conditions are not met that the property be de-annexed. Rountree: Second Johnson: It is moved and seconded that we pass on a favorab-e recommendation onto the City Council as stated, all those in favor? Opposed MOTION CARRIED: All Yea ITEM #7: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR PINE MEADOWS ANNEXATION AND ZONING: Johnson: Any discussion regarding these findings of facts? If there is no discussion or comments I will entertain a motion on the findings of facts. Alidjani: Mr. Chairman, I make a motion that the Meridian Planning 8 Zoning Commission hereby adopts and approves these findings of fact and conclusions. Hepper: Second Johnson: It has been moved and seconded to adopt the findings of fact and conclusions of law as prepared by the City Attorney, roll call vote. ROLL CALL VOTE: Hepper -Aye, Rountree -Aye, Shearer -Aye, Alidjani -Aye MOTION CARRIED: All Yea Johnson: A recommendation for the City Council. Alidjani: I make a motion that the Meridian Planning & Zoning Commission hereby recommends to the City Council of the City of Meridian that the 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 (inaudible) no Meridian Planning & Zoning June 14, 1994 Page 8 annexation request be passed until a development agreement including a commitment for use and development is entered into. Shearer: Second Johnson: We have a motion and a second for a favorable recommendation to the City Council as stated, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #i3: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR PRESTON'S ASPEN GROVE ESTATES ANNEXATION AND ZONING WITH A PRELIMINARY PLAT: Johnson: Any discussion regarding the findings of fact? Rountree: Mr. Chairman, I make a motion that the Meridian Planning and Zoning Commission hereby adopts and approves these findings of fact and conclusions. Alidjani: Second Johnson: We have a motion and a second to approve the findings of fact and conclusions of law without any changes, roll call vote. ROLL CALL VOTE: Hepper -Aye, Rountree -Aye, Shearer -Aye, Alidjani -Aye MOTION CARRIED: All Yea Johnson: Decision or recommendation you wish to pass onto City Council. Rountree: Mr. Chairman I move that the Meridian Planning and Zoning hereby recommends to the City Council of the City of Meridian that with compliance of the conditions herein of these findings of fact and conclusions of law including an amended plat request for one or more different zones, the consent of a delay in the annexation process until a new plat is prepared, the request for new hearings on the amended plat and if the Commission approves of the amended plat then the annexation and zoning v~rould be in the best interest of the City of Meridian and the Commission would then recommend approval of this annexation and zoning. If these conditions are not met the property should not be annexed and zoned. Alidjani: Second Meridian Planning & Zoning June 14, 1994 Page 9 Johnson: It is moved and seconded to pass the decision or recommendation as written onto the Gity Counci-, all those in favor? Opposed? MOTION CARRIED: Alf Yea ITEM #9: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR BW INC. REZONE REQUEST; Johnson: Entertain a motion for approval if no one has any comments. Hepper: Mr. Chairman, I move the Meridian Planning & Zoning Commission hereby adopts and approves these findings of fact and conclusions of law. Rountree: Second Johnson: ft is moved and seconded to approve the findings of fact and conclusions of law as written, roll call vote. ROLL CALL VOTE: Hepper -Aye, Rountree -Aye, Shearer -Aye, Alidjani -Aye MOTION CARRIED: All Yea Johnson: Decision or recommendation for the City Council. Hepper: Mr. Chairman, I move the Meridian Planning & Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the rezone requested by the applignt for the property described in the application with the conditions set forth in the findings of fact and conclusions of law and that the property be required to meet the water and sewer requirements, Nampa Meridian requirements, Ada County Highway District requirements, the Uniform Building Code, the Fire and Lrfe Safety Codes and the 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 landscape setback required of the Meridian Comprehensive Plan. Shearer: Second Johnson: It is moved and second to pass a decision or recommendation onto the City Council, all those in favor? Opposed? MOTION CARRIED: All Yea Meridian Planning & Zoning June 14, 1994 Page 10 ITEM #10: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR STACIE YBARRA ACCESSORY USE PERMIT: Rountree: Mr. Chairman, I make a motion that the Meridian Planning 8 Zoning Commission hereby adopts and approves these findings of facts and conclusions. Alidjani: Second Johnson: It is moved and second to approve the findings of facts as prepared by the City Attorney, roll call vote. ROLL CALL VOTE: Alidjani -Aye, Shearer -Aye, Rountree -Aye, Hepper -Aye MOTION CARRIED: All Yea Johnson: Decision for the Rountree: Mr. Chairman, I move that the Meridian Planning & Zoning Commission hereby approve the accessory use permit requested by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law. Shearer: Second Johnson: It is moved and second to pass on the decision as prepared by the City Attorney, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #11: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR HARTFORD SUBDIVISION ANNEXATION AND ZONING WITH A PRELIMINARY PLAT: Alidjani: I have some changes, there is some typing errors in the decision andrecommendationn area. The last page, page 15, last paragraph (inaudible). Johnson: Any other changes? Rountree: Item #17 is a "net" "not". Johnson: Any other changes? I will entertain a motion for approval of the findings of fact. Shearer: Mr. Chairman, I move the Planning & Zoning Commission hereby adopt and Meridian Planning & Zoning June 14, 1994 Page 11 approve these findings of fact andconclusionss of law. Alidjani: Second Johnson: Moved and seconded to approve the findings of fact and conclusions of law with the 2 typos mentioned, roll call vote. ROLL CALL VOTE: Hepper -Aye, Rountree -Aye, Shearer -Aye, Alidjani -Aye MOTION CARRIED: All Yea Johnson: Decision or recommendation to the City Council. Shearer: I move the Meridian Planning & Zoning Commission hereby recommend to the City Council of the City of Meridian that they approve the annexe#ion and zoning as stated above for the property described in the application with the conclusions set forth in the findings of fact and conclusions of law. And that if the conditions are not met that the property be de-annexed. Rountree: Second Johnson: Moved and second to pass a recommendation onto the City Council as stated, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CHAMBERLAIN ESTATES NO. 2 ANNEXATION AND ZONING WITH A PRELIMINARY PLAT: Alidjani: I have a change on page 14, the same word, it should be City Council of the City of Meridian instead of City Planning & Zoning Commission of the City of Meridian. Johnson: Any others? Any discussion? Anybody care to make a recommendation? Alidjani: Mr. Chairman, I make a motion that the Planning & Zoning Commission hereby adopt and approve these findings of fact. Shearer: Second Johnson: We have a motion with a second to approve the findings of fact and conclusions of law for Chambeflain Estates No. 2, roll call vote. Meridian Planning & Zoning June 14, 1994 Page 12 ROLL CALL VOTE: Hepper -Aye, Rountree -Aye, Shearer -Aye, Alidjani -Aye MOTION CARRIED: All Yea Johnson; Decision or recommendation to the City Council. Alidjani: Mr. Chairman, I make the motion the Meridian Planning & 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 if the conditions are not met that the property be de-annexed. Rountree: Second Johnson: Moved and second to pass the recommendation on as read, ait those in favor? Opposed? MOTION CARRIED: All Yea ITEM #13: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR FAWCETTS MEADOWS NO. 2 ANNEXATION AND ZONING WITH A PRELIMINARY PLAT: Rountree: Page 11, item 19, that "net" should be "not". Johnson: Any other changes or typos? Rountree: Mr. Chairman, 1 move that the Meridian Planning & Zoning Commission hereby adopts and approves these findings of fact and conclusions. Hepper: Second Johnson: We have a motion and a second to approve these findings of facts and conclusions of law for Fawcett's Meadows No. 2 as written by the City Attorney, roll call vote. ROLL CALL VOTE: Alidjani -Aye, Shearer -Aye, Rountree -Aye, Hepper -Aye MOTION CARRIED: All Yea Johnson: Any decision or recommendation to the City Council you would like to make? Meridian Planning & Zoning June 14, 1994 Page 13 Rountree: Mr. Chairman, 1 move that the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning as stated above for the property described in the application with the conditions set forth in these findings of fact and conclusions of law. And if the conditions are not met the property be de-annexed. Hepper: Second Johnson: It is moved and seconded to pass a recommendation on as read, all those in favor? Opposed? MOTION CARRIED: All Yea Rountree: Mr. Chairman, on this item #13 and the 2 previous items we haven't addressed the preliminary plat have we and do we need to? I think we need to. Rountree: Can we do that by consent after item #14 if city staff is comfortable with the preliminary plats. Johnson: Comment Ciry Counselor. Crookston: You can do that. ITEM #14: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR RAMBLE WOOD SUBDIVISION ANNEXATION AND ZONING WITH A PRELIMINARY PLAT: Hepper: Mr. Chairman, we have the same typo on page 13, Planning and Zoning Commission should tie changed to Council. Johnson: Any other changes or discussion regarding these findings of fact and conclusions of law? Hepper: Mr. Chairman, I move the Meridian Planning & Zoning Commission hereby adopts and approves these findings of fact and conclusions of law. Shearer: Second Johnson: Its been moved and second to adopt the findings of fact and conclusions of law as stated, roll call vote. ROLL CALL VOTE: Hepper -Aye, Rountree -Aye, Shearer -Aye, Alidjani -Aye Meridian Planning & Zoning June 14, 1994 Page 14 MOTION CARRIED: All Yea Johnson: Decision or recommendation to the City Council. Hepper: Mr. Chairman, I move the Meridian Planning & 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 if the conditions are not met that the property be de-annexed. Rountree: Second Johnson: We have a motion and a second to approve the decision or recommendation as written, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: Now we need to address those preliminary plats. Rountree: As a group? Johnson: If you wish. Rountree: 1 have a question for Gary Smith and Shari Stiles before ws do. Have your concerns with Hartford, Chamberlain Estates, Fawcett's Meadows and Ramble Wood preliminary plats been addressed by the Developers to your satisfaction? Smith: The Hartford is the subdivision at the (inaudible) corner of Ten Mite and Ustick. I think the only thing that still is a question in my mind is how exactly is that going to be severed. I talked to the property owner to the west side of Ten Mile Road north of Ustick came into my office a week or so ago and was interested in the sewering of that property also. And I haven't had as chance to talk to Mr. Merkle at Hubble Engineering but I did want to pursue the possibility of constructing a sewer along the south side of Five Mile Creek from where the interceptor crosses the Nine Mile interceptor crosses Five Mile Creek. To see if we can get sewer back up that way to serve this property. I think this gentleman to the west was agreeable to having a sewer line constructed along there. Particularly of course it could serve part of his property. But, if everything else doesn't work then the lift station is the last alternative. If we have to go to a lift station 1 want to be sure it is placed somewhere along there is that is going to serve all the property so we don't have 2 lift stations. But I guess that is the only gray area that I have with Hartford. I think the other 2 Chamberlain and Fawcett's Meadows No. 2 all those items are easily Meridian Planning & Zoning June 14, 1994 Page 15 addressed. Rountree: And Ramble Wood? Smith: Same thing, that would sewer from Hartford. And they would need to cross, I think the name of the gentleman that lives there is Mr. Schaffer, they would need to cross his property with a sewer line. I think all of those properties along there have to be looked at as a unit for sewer service. Hopeful they can all sewer to the west to a point. That is about all I remember. Johnson: Do you have anything to add Shari Stiles? Stiles: Mr. Chairman, Commissioners, the only thing really that is in common for all of these is that they would require a development agreement that would address all of our concerns and those of the agencies including the bike paths and landscaping, license agreement with Nampa Meridian Ircigation District and similar things that are called out in the findings. Johnson: How are we doing with development agreements, do we have some in force now? Stiles: No we do not. Johnson: We still don't have any in force, do we have some pending? Stiles: Yes, several. Johnson: I thought we did but I had never seen a fiinal one yet. Anyone else have any concerns on any of the 4 preliminary plats we are addressing here. In that case I will entertain a motion. Rountree: Mr. Chairman, I move that we table and recommendation on Hartford and Ramble Wood subdivision until the situation with the sewering of those properties is resolved and scheduling that to our next regularly scheduled meeting July 12, 1994. Shearer: Second Johnson: Any discussion on the motion? Alidjani: I have a concern, I see Gary's concern, is there a way we can approve this preliminary plat within the condition of the development agreement plus the concern that Meridian Planning & Zoning June 14, 1994 Page 16 Gary has either for a sewer line or the lift station. Because if wB table it now what kind of answer are we going to have later? Rountree: Weli we pass onto the City Council something certain as opposed to something in the air that at this point they don't know if they are talking about one or more lift stations or being able to sewer across some other properties, apparently there are some options there. Alidjani: I understand that, but my concerns are is there enough time between now and until they go in front of City Council that they can take care of those. Rountree: They probably could have taken care of it before. It was a problem at the last meeting. Johnson: Is there any other discussion? Is that the end of the comments from staff and the Commission. Smith: Mr. Chairman, Commission members,( End of Tape) as far as passing on a specific recommendation to City Council and I appreciate what Commissioner Alidjani is saying, it hasn't been resolved how that would be sewBred or where the lift station might be placed, but I don't think there is a problem with severing it so it would just be a matter of one or the other. Of course it is the Commissioners decision as to how you want to pass this along to the City Council. I am certainly not promoting speeding up any of these developments because we have a tot of them to do, but in the same breath I don't know, I think a decision can be reached in a short period of time with the developer and engineer as to how these projects can be severed. Rountree: Given the options you have available to sever the properties do those options change the platting in terms of where a lift station may be located and the publics opportunity to comment on that versus no lift station and having to sewer across another property and the publics opportunity to comment on that? Smith: On Ramble Wood it is not going to effect that one because it is going to sewer into Hartford. The severing of Hartford it could affect, there could be a slight modification of the lot arrangement there. The sewer line may exit the subdivision as presently shown, it may go to the northwest corner and exit (inaudible) it would possibly get into an easement adjacent to the subdivision boundary. I don't remember the exact layout of the land out there but I think the northwest comer of that project is the lowest area and so the sewer would probably come down the street, the most northern east-west street and exit the subdivision through a common area lot similar to what happened on Park Wood Meadows on Ten Mile road south of there. And get into a lift station at that point or cross Meridian Planning & Zoning June 14, 1994 Page 17 Ten Mile Road into the property adjacent thereto and continue onto the west. I don't think there would be, I guess it is kind of a round about long answer, but 1 don't think there wrould be a significant change in the lot arrangement on Hartford regardless of where the lift station may be or the sewer line may exit the subdivision. It won't exit the subdivision in a public right of way, but it would have to exit through a common lot area. Johnson: Gary, are you basically saying since our last tabling of this you haven't had any specific discussion with the developer regarding the sewer? Smith: I don't think so other than the property owner from across the street that came in. Johnson: We are under advisement from the City Council and the Mayor you know that if the time schedules aren't met the items addressed haven't been addressed by the time of the meeting the 11th hour salvage thing is a thing of the past. If the "i's" aren't dotted and the "t's" aren't a~ossed we are not going to proceed and that is basically the guidance we are under at this point because we have plenty to do as you said. Leniency is not going to be as prevalent as it was in the past. Shearer. Mr. Chairman, I missed something on this Ramble Wood, it seems like at the last meeting that the plat showed no road to the east to the property to the east of it and I think there was something in ACRD that they said they wanted a road to the east, wasn't there. I have not seen anything where they changed it Johnson: Are you aware of anything on that? Stiles: Mr. Chairman, Commissioners, ACRD commented that if the City requires a access to the east for sewer service purposes they would have no problem with that, but they wouldn't require it. Shearer: It was us that was requiring that then. We have been 2 or 3 weeks since these were up before us last time and the things that were addressed at the last meeting evidently haven't been addressed. I can't feel sorry for these guys going back through it, they know there is a problem and you thing they would work it out with City staff and be ready to go. Johnson: Thanks Shari 1 appreciate it. There is a motion, is there any further discussion, we have a second also. Hearing none we will vote on Charlie Rountree's motion, all those in favor? Opposed? MOTION CARRIED: All Yea Rountree: Mr. Chairman, I make a motion that we pass on a favorable recommendation Meridian Planning & Zoning June 14, 1994 Page 18 to the City Council for preliminary plats on Chamberlain Estates and Fawcett's Meadows No. 2. Shearer: Second Johnson: Moved and seconded to pass on a favorable recommendation for the preliminary plats as addressed by Commissioner Rountree, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #15: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING FOR E. L. BEWS BY E. L. BEWS AND WAYNE FORREY: Johnson: I will now open the public hearing, if there is an applicant or someone representing the applicant that would like to come forward at this time ptease do so. Wayne Forrey, 52 East Franklin Road, was sworn by the City Attorney. Forrey: Mr. Chairman, members of the Commission I am here tonight representing Edward and Shirley Bews the owners of the Bews property which is generally east of the Eagle Road Interchange, which vwuld be on the north side of the Interstate between the interstate and Franklin Road. I have a vicinity map I would like to hand out. The subject property on the transparency is shown in green that is the property owned by Ed and Shirley Bews. It is immediately east of the proposed St. Luke's Hospital site which is on the east side of North Eagle Road. The brown that you see on that transparency is the Department of Transportation Interstate right of way, Interstate 84. Several years ago Ed Bews recorded a plan called Farmington Estates Subdivision and that is located on this property, it has been recorded but never constructed. All of that green area show the 75 acre Bews ownership but the olive colored portion there is the Farmington Estates plat, again never constructed. Ed believes and I do too now that we have had a chance to do some master planning with St. Luke's Hospital that subdivision would not be compatible with the proposed medial campus envisioned for that site. So, it is Mr. Bew's desire to vacate that plat and work it out with any of the agencies that are involved. One thing that would not be vacated is the well lot. There is a developed municipal quality well on the property and that well lot would remain so that there is a passibility of getting that to the City. Johnson: When did that go through the County? Forrey: I am thinking 1976 -1978 somewhere in there. The request of Mr. Bews for Mixed Planned Use Development complies with the Meridian Comprehensive Plan, but right now Meridian Planning & Zoning June 14, 1994 Page 19 your current zoning ordinance does not have a Mixed Use Zone. Johnson: Correct. Forrey: After Mr. Bews applied for this annexation request St. Luke's Hospital and Mr. Bews got together and decided it was in good interest to jointly master plan the 2 properties. That shows a little better the relationship between St. Luke's Hospital site and the Bews property. And now that both parties are negotiating on joint development and even exploring the possibility of increasing the St. Luke's ownership, a transfer of property between the 2 ov~ers the Hospital has asked that their site be zoned Health Service, much like the Health Service zone in Boise or cities where there is a major medical campus. Ed Bews submitted a letter today to the Commission asking for the same type of zone, and we are in a little bit of a dilemma because the City doesn't have a Health Service zone, this would be the first medical campus in the community. It is appropriate to have that type of zone to give the medical community to develop all of those port uses around a major hospital. So, there is a possibility that this would have to be tabled at some level either at the Planning & Zoning Commission level until such time as a zone is there if it is appropriate or the City Council level. Mr. Bews fully expects that is going to happen and it is going to take awhile to develop a new zoning district. Johnson: Right, we have a letter from him which 1 am sure you are familiar with, that basically says the same thing. How was this advertised for tonights meeting. Forrey: As Mixed Planned Use Development, but when I posted the property a week ago on the notice on the posting I put Mixed Planned Use Development and possible Health Service zone, I had both of those. Johnson: Where do we stand Wayne with the difference there, the change? Does that present a problem is my question? Crookston: It really does because we don't have the zone in which it was initially advertised, so we don't have an effective notice. Johnson: We don't have either one of those zones at this point. Crookston: That is correct. Johnson: Well, I guess it is a good idea that he is agreeing to table this at this point. It kind of confuses me when we advertise something for a zone vre don't have, I don't know how we can do that, even though we have it in our Comprehensive Plan and we will have that zone Ym sure, but we don't have it now. Meridian Planning & Zoning June 14, 1994 Page 20 Forrey: Just as a side note, how this was developed, St. Luke's applied for a Limited Office zoning and now that their master plan is coming together, their master plan will likely include many uses that are not allowed in the Limited Office zone and that was one of the reasons that the hospital felt there should be a zone appropriate tq their medical campus. And the Bews property a portion of that or perhaps all of it will be part of that medical campus and that is why the letter today. Johnson: Have you looked into the terminology, the description of that HS zoning? Forrey: Yes Johnson: And can you make some of that available to the City? Forrey: Yes, in fact we submitted a 2 or 3 page synopsis. Johnson: Of different approaches in different cities. Forrey: Right, it was based on the Boise, and the hospital also has a consultant from Boston that had one of the teaching schools hospitals in Boston that had a similar type zone. We could find other and research others if you want. And just one last thing, the property has been posted and I understand there is some confusioin or a dilemma here we are willing to wait and let the City take time to see if the hospital zone or health service zone vwuld be appropriate and take a look at that. The other option would be, I guess Mr. Bews could request Commercial General that may cover some of the items. And then lastly a development agreement should definitely be required in this situation and Mr: Bews would agree to that. I would be happy to answer any questions. Johnson: Mr. Bews is obviously a patient man he has waited since 1977 for Farmington to develop. Forrey: Mr. Chairman, one more thing, the area in brown 1 did speak with Mr. Larry Strough with the Idaho Transportation Department District 3, that area in brown has a separate legal description. His recommendation to Mr. Bews and to this Commission it is not in writing yet but I believe a letter is forthcoming that the State would prefer that area in brown to be zoned industrial. It complicates potential construction down the road or overlay or staging of contractors in a public right of way when it is zoned commercial or limited office or things like that. If it is zoned industrial then the State can get in there and do maintenance and not have any potential conflicts with local ordinances which they are doing right now. Johnson: Okay, any questions for Mr. Forrey? Meridian Planning & Zoning June 14, 1994 Page 21 Shearer: You mean we have to have a zone in order to do construction on the road? Forrey: I understand the State has had some conflicts in the transportation department when the roadway is zone residential and they get involved in construction. Shearer: What do you call it when we build a commercial building, is that industrial because we bring a backhoe in, it doesn't make any sense. Johnson: Well, there is some staging out there right now is what he is talking about (inaudible) right to the south of that. Shearer: Yes, but that is not a permanent thing that is construction, when any piece is zoned you have to have construction, in residential (inaudible). Johnson: Any questions of Mr. Forrey. Thank you Wayne, this is a public hearing, anyone else like to address the Commission on this issue please come forward now. Seeing no one then I will close the public hearing. I would suggest that we need a motion. Rountree: Just for discussion there is not much we can do if we don't have the zoning. Johnson: I believe it would be proper to table, you have to table it to a date certain. Rountree: 1 am trying to get an idea of when we could address the amendments of the. Johnson: We don't have a clue when we will have the zoning capabilities available. Do you have any suggestions on that Wayne? Crookston: The applicant could withdraw the application and either request ah amendment to the zoning ordinance and propose it or the City could propose amendments to the zoning ordinance which probably would inGude other items than this particular zone. In which event if the applicant does not withdraw, you can table it to whenever because you don't have sufficient to make a decision as to what to zone it, you don't actually have an application fora particular zone that we have in our ordinance now. So, you can deny it. Johnson: It is actually an irregular application isn't it, because the application maybe should not have gone this far because we do not have that zone. Crookston: That is correct. Johnson: But, here vve are. What is your thinking gentlemen, what would you like to do? Meridian Planning & Zoning June 14, 1994 Page 22 Rountree: Mr. Chairman, I move that we table this item and not having to have a date certain. Crookston: You do need to have a date certain. Rountree: A date or a condition certain? Crookston: It needs to be a date certain. It doesn't necessarily have to be the next month, you just have to pick a date certain. Johnson: It will come bads up on the agenda and we will address it at that time. You know you are taking a minimum of 120 days to get that new zone. Rountree: Mr. Chairman, 1 make a motion that we table this item until our regularly scheduled meeting in November. Johnson: Which is? The 9th Rountree: Until November 9th, 1994. Shearer: Second Johnson: Moved and second to table this item until November 9, 1994, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #16: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING FOR THE HOLLOWS BY BOND CAMPBELL: Johnson: If there is a representative for the applicant or the applicant please come fonrvard and address the Commission at this time. Bond Campbell, 1150 East Ustidc, was sworn by the City Attorney. Campbell: Somebody is going to have to help me out here. Johnson: Basically you are giving us a quids run down of all that your application contains and then we will ask you questions and then go onto the public, at the end of the public's testimony if you wish I will give you an opportunity to rebut anything that came through the testimony and want to address. Meridian Planning & Zoning June 14, 1994 Page 23 Campbell: The location of property is north of Ustick, 1/4 mile west of Locust Grove, currently adjacent to Pheasant Pointe subdivision across the street. It is a 5 acre parcel, I am requesting development of 9 lots, the smallest lot being 11,000 square feet, the largest being over 20,000 square feet. Johnson: Any questions of Mr. Campbell? Nine lot subdivision, I have 6 acres, is it 5? Campbell: It is 6.25 total parcel an acre and a 1 /4 is my current property. Johnson: You are actually developing 5. Rountree: If you could get your lot minimum size up by a 1000 square feet you would add a unique subdivision to the City of Meridian. We don't have an R-3 subdivision at this point and that would be a first. Campbell: A minimum up by a thousand? Rountree: Yes that minimum size for that zoning is 12,000 square feet, just a comment you are close at 11,000. Campbell: I said my smallest lot was 11,400 but that doesn't include a 20 foot, it is the closest lot to Ustick and there is a 20 foot easement that 1 am putting in there for landscaping, it actually would be part of that lot so I vwuld be over 12,000 square feet with my smallest lot, I would be 12,420 but 1 am not aware that is an R-3 versus R-4. Johnson: That is a relatively new zone. Shearer: You can have 12,000 in an R-4 too. Johnson: Yes, that is right. Anybody else have any questions? Hepper: What are your intentions with the out buildings there, are you going to leave those and work around them? Campbell: Yes, I am going to fence around my parcel and my property, actually I am going to fence the entire parcel of property and leave the outbuildings and my building. 1 am going to change by lot lines from where my current fence locations so that 1 add to the developed property. Hepper: Okay, you have some comments from Ada County Highway Department on some road extensions, one to the north and one to the east. Meridian Planning & Zoning June 14, 1994 Page 24 Campbell: The comments from Ada County that I got, there were no commen#s that I saw other than. Hepper: Apparently you haven't seen these comments from Ada County Highway District, is that correct? Campbell: No, I was faxed probably 8 copies of comments from different agencies but this particular list of comments 1 didn't see. And this is something that I discussed briefly with Gary and Shari and that was whether or not I could come in with one street culdesac and go back out with only 9 lots. And that was something I thought we could look at. l guess ACRD has an idea of what I am going to do there but without seeing a preliminary plat maybe they think I am trying to do smaller lots, tighter density. Hepper: That is what 1 was wondering, do we need to address that now or when he brings in the preliminary plat? Rountree: I think the plat would be the time to address that. Johnson: 1 think later. Campbell: t don't know what justifies a preliminary plat, I'm sure a preliminary plat to be official has to be engineered and have a certain amount of engineering. I have what I consider to be a real rough preliminary plat, just basically lot layouts and what I foresee with me tonight, 1 don't know if that will be of any help. Johnson: We could look at but you are probably right in your statement about needing an engineer to do it. Hepper: Yes, for right now you are just looking for annexation and zoning, he is not asking for anything on the preliminary plat. We can address that when we have the plat. Johnson: Anybody else have any questions for Mr. Campbell. If not we will reserve the right to call you back, anyone else from the public like to come forvvard and address this application? Seeing no one then I will Gose the public hearing. Annexation and zoning we need findings of facts. Rountree: Mr. Chairman, 1 move vue have the City Attorney prepare findings of fact and conclusions on this application. Shearer: Second Meridian Planning & Zoning June 14, 1994 Page 25 Johnson: Its been moved and seconded to have the City Attomey prepare findings of fact and conclusions of law for the Hollows, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #17: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING FOR NEB-i COMPANY BY BILL GEYER AND NUBBLE ENGINEERING: Johnson: I will now open the public hearing, if there is a representative of the applicant that would like to come forward please do so now. Jim Merkle, 9550 Bethel Court, Boise, was swum by the City Attomey. Merkle: I am here this evening on behalf of NEB-i Company, regarding a 9 acre parcel on the southeast comer of Locust Grove and Fairview. The requested zoning is CG it is Commercial General zone in the City of Meridian. My packet did not include any comments from the Highway District or from the City Engineer. I only had Shari's comments and I addressed a letter, it should have been put in your box addressing each of her comments. If you want I can pass out the ACHD comments. Johnson: We already have them. We also have Gary Smith's comments, we will make a copy of those available to you if you don't have them. Merkle: The applicant would agree with Gary Smith's comments, this is the first I have seen them, but these 3 are acceptable to us. Rountree: You have Shari Stiles's? Merkle: Yes, and 1 provided a letter to you responding to each of those. Johnson: We have that. Merkle: The main one being the 35 foot landscape buffer she wants between the right of way and the site. And what I was proposing at this point since vre don't have an intended use set for the property, that your ordinance for the CG zone allows a 15 foot front setback and that is what we are proposing just to respond to her comments. Rountree: The Comp Plan indicates for streets coming into the City that they be 35 feet, so I think that is where her comment is coming from I'm sure. Johnson: Yes, I don't think it is her comment it is just that our Comprehensive Plan is i Meridian Planning & Zoning June 14, 1994 Page 26 requiring. Merkle: Yes, I spoke to Shari about that and 1 understand that. I would like to answer any other questions if you have them. Johnson:. Any other questions for Mr. Merkle? Crookston: I didn't follow all the conversation, you agree with the 35 foot setback? Merkle: No, as stated in my letter we are proposing only 15 foot setback be required. If the Planning and zoning Commission intends to require 35 foot that would be a condition of approval. The ordinance only requires 15 foot. Crookston: Thank you Johnson: Any further questions? Rountree: Do you have any tentative tenants? Merkle: At this time no, 1 believe the applicant has met with Ms. Stites regarding a possible site plan but as far as a tenant I do not know that right now. Hepper: Is this piece of property contiguous to City limits. Merkle: Based on Shari's first comment it is contingent upon the annexation of the property to the north, once they are contiguous we are contiguous. And that is how we will right our legal description. Johnson: That is the AVest application? Merkle: Yes sir. Johnson: Thank you Jim, anyone from the public like to address this application? Seeing no one - will close the public hearing. We need a motion. Rountree: Mr. Chairman, I move we have findings of fact and conclusions of law prepared by the City Attorney. Alidjani: Second Johnson: Moved and second to have the City Attomey prepare findings of fact and • ! Meridian Planning & Zoning June 14, 1994 Page 27 conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #18: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR ASHFORD GREENS SUBDIVISION BY BOISE RESEARCH CENTER AND RUBBLE ENGINEERING: Johnson: A representative of the applicant or the applicant please come forward and address the Commission at this time. Mike Wardle, 9550 Bethel Court, Boise, was sworn by the City Attorney. Wardle: Mr. Chainnan, 1 would like to put up an item for Commission review, this is the same as was submitted in your packet and I believe you probably have all seen the large plat. I don't know how to do this so that the folks in the audience can see it. May 1 use the easel. Johnson: You can use the easel or Mr. Merkle will hold it for you. Wardle: It will be a little difficult for Mr. Crookston but hopefully vwe can refer to it and those in the audience might be able to see and understand it a bit as wrell. This. is a long awaited project, it has been many years since the first nine holes of the golf course were developed. And as the subdivisions have gone along there is an sense of anticipation for the balance. And through the application that you saw recently from the Steiner Corporation for a portion of the area that lies just to the east of obviously what shows is just a couple of portions of holes. That is the means of implementation of these other nine hole segment of the goff course. There are 2 matters before the Commission this evening, and I would like to handout just for the simple clarfication of what those 2 matter are. One other, this is an excerpt from the zoning map. Johnson: I believe we have this, this was in our packet. Wardle: Yes, I don't know the history of why one small piece roughly 24 acres was not annexed previously because it was under an ownership that we researched the ordinances for annexations to the south and to the north and for whatever reason there was that small, approximately 600 foot strip of land that was not annexed. The balance has been annexed and is currently zoned R-4. The request that we have made if for R-4 as well. However, we are also requesting consideration and approval of this project in preliminary plat form with the consideration as a planned unit development far a number of stated reasons and the letter of May 14, 1994 which 1 hope was in your packet. Essentially in Meridian Planning & Zoning June 14, 1994 Page 29 of that parcel, the 24 acre parcel with an R-4 zone. We are requesting your recommendation to the City Council as quickly as possible on the plat so that we can proceed to construction plans and. final platting in order to get this project under development. The issue here so that the City can begin construction of the golf course. And we also as part of that recommendation ask that the elements of the planned unit development be specifically noted and approved for recommendation. There are a couple of comments that Mr. Smith had made that I would like to address and again, do you have his comments in your packet. I don't have them but I took notes and would respond with just areas of clarification or acception. Item #2, he asked about the design standards for Ashford boulevard, what we are proposing would be a 12 foot islands down the entire length as noted on the plat. With a 21 foot back to bade roadway section on either side and that conforms to the Ada County Highway District requirements for a collector standard with a separated travel way. There would be on the sides of those probably a 15 foot landscape buffer in areas where there are lots and not golf course where there is a golf course, since that would be city ownership there would not be a buffer lot. That greenway would extend to the right of way. He does note in item #3 concern for the islands in the culdesacs those are not (End of Tape) the a,ldesac islands as he noted may cause some difficulty with the fire department. We will worts with Mr. Smith to come up with a standard for those so that they work for all parties concerned. Item #6 is one that does cause some concern and there are some solutions. Interlachen Way as you are aware does extend to this property and currently provides access to the club house. The traffic study has been completed and was submitted to staff last week and a very brief meeting was held last Friday with Shari Stiles the traffic analyst for Ada County Highway District and the consultant that did the traffic study. The concern about having a direct and easy connection of Interlachen into the heart of that project is that it would in fact serve as literally the drain for the project. Now it is desirable to have access to the clubhouse for residents in the area and there are 3 such connection points, again let me step to this for a moment. The GotfView Estates subdivision to the south, it appears on our vicinity map that we provided to Shari Stiles last week that maybe we missed it by a lot, but it is either here or it is over one lot and that will be connected. We used a preliminary plat and scaled it and apparently on or the other was not quite cbrh-ect. But there is a connection those does come bads to Interlachen, there would be then connections around through the Steiner property that tie into the existing roadway system. Interlachen Mr. Chairman is right here. Now, what is intended or proposed is that there would be access into what may be a town house or condominium project from both sides and there would be fire access through it by perhaps some controlled means. We have not proposed a direct roadway connection. If it is required, there is a way that we could do it but it would be very circuitous and we would make as difficult as we possibly could again for the purpose of not draining all of this project through Interlachen since all of the homes on Interlachen face that street even though it was constructed to collector standards. I don't know that it is in the Citys interest to make that an easy connection or the most direct connection. I think Meridian Planning & Zoning June 14, 1994 Page 30 we can disperse the traffic and the traffic study does suggest that if we keep these types of connections somewhat restricted. Rountree: Why do you not have that same concern for Harbor Point Drive? Wardle: It is more circuitous internally and would not be the same direct shot that. Rountree: It is a direct shot to Ten Mile. Wardle: Well, I believe it comes down around and then it makes a connection and then a T intersection, I'd have to refresh my memory. Johnson: That is Charile's backyard. Wardle: In part we don't control that one the same way we do the others. That is the connection out of our adjacent project and has been anticipated for in earlier plans a number of years ago. Mr. Smith's comment item #7 did address the same statement that I made earlier about the 80 foot frontages. He asked the question, that there is a great deal of open space land given to the City for the golf course and we believe that some trade offs are essential and having a lot that may be in the 70's rather than in the 80's certainly is not going to diminish the qualities of life but it does afford a bit better return on the number of parcels which were shown as 225 single family parcels in the preliminary plat. I believe all of the other comments in Mr. Smith's are items that can be worked out or have already been addressed and provided to staff and we will certainly make sure those are done. k Johnson: What are the approximate length of the culdesacs specifically the one there to the southwest? Wardle: 1 did not bring a scale, Gary do you have a scale because I haven't memorized the lengths. Johnson: In terms of our ordinance it is 450 length, it reburies a variance beyond that. I just wanted to get an idea how far we are stretching that in terms of emergency response and that sort of thing. It looks to me like the other one might exceed that if it scales out, I don't know. Wardle: There are at least 3 that so Mr. Chairman, the 2 to the north I believe both exceed 450 feet and certainly the one to the south. Johnson: Did you have a comment with respect to Gary Smith's suggestion there that a Meridian Planning & Zoning June 14, 1994 Page 31 stub street to the north be provided? Wardle: We saw this, a stub street (inaudible) be provided, but 1 understand that there has been one required just to the east from the Steiner property. Certainly if the City and the Ada County Highway District feel that it is necessary and appropriate 1 am certain that we will do so. Johnson: Why don't you just point out the Steiner property for me. It is there where nothing is, just a blank piece of paper. Wardle: Mr. Chairman, I believe you have at least addressed, I don't know if you approved the preliminary plat for their project but I believe it was submitted and is preceding us perhaps by a month. May I just ask one clamcation, and it does relate to, does the City Planning & Zoning Commission have the authority under the PUD approval for consideration of the reduction of lot frontages, the culdesac lengths and so forth, it is unGear to us. Johnson: Well, our City Council will answer that, I don't know if we have the approval or not, but we make recommendations and suggestions to the City and they have final say. Do you want to comment on that Mr. Crookston? Crookston: I believe that I haven't looked at the PUD sections of our ordinance recently, but I believe that under the PUD theory that is available it depends on. Johnson: I think that is one of the reasons for a PUD. Crookston: It is. Rountree: (Inaudible) privately owned streets still have to meet ACHD's requirements. Wardle: Yes, we understand that. One last plea Mr. Chairman, the plat itself, the first phase that will be proposed for development and I would like to hand this item out is does highlight that area. I have ident~ed the portion that is subject to annexation and zoning the balance of it being zoned currently, we would request prompt action to pass on the recemmendation for the preliminary plat with a recommendation to City Council so that we can proceed to final platting and construction design for the highlighted area in the greenish-yellow that will be the first phase. I don't know, uncertain as to whether or not since the annexation and zoning does not affect that area that it has to go as one package or if it can be separated and that the findings of fact and conclusions of law for that annexation and zoning portion would follow or if perhaps they might be prepared and provided to the Commission for your 23rd of June meeting. We would certainly request Meridian Planning & Zoning June 14, 1994 Page 32 consideration of that. I would be happy to answer questions. Johnson: I think the possibility of the June 23rd meeting is out because it is a special meeting and we have to give proper notice and advertising of that meeting. Any questions of Mr. Wardle? Rountree: Who is going to maintain the landscape buffer on Ashford Boulevard? Wardle: There will be a homeowners association created to take care of all of those common areas that are not part of the golf course. Rountree: I assume this in combination of the adjacent plat that is process we have 9 complete holes of golf? Wardle: Mr. Chairman, Mr. Rountree, yes, we hope that there will be 9 complete holes. The course has been reviewed for many months with City officals and Wally to assure that it is compatible. it actually is enhanced a bit with slightly wider fairways, and spray areas than the existing course, but not changing the character so dramatically that is like playing night and day and creating a problem for desired play on one 9 versus the other. Mr. Chairman, one thing that I did not address and I won't take much time, but there are 2 parcels as noted that will be subject to resubmittal in the future with some specific development plan. That is the 2 golden parcels, town houses or condominiums, but are shown so you are aware of possible plans that are forthcoming. Johnson: Thank you very much, apparently Mr. Crookston has a question. Crookston: Mike, on the handout that you just gave us that is marked in green and pink, which is the area that is to be annexed, 1 didn't follow that? Wardle: The area in the pink is that that is being annexed. Rountree: How many phases and what is your time line? Wardle: I suspect that Mr. Turnbull, President of the Brighton Corporation, Vice President of the Boise Research Center that have the 2 ownerships will address that. We desire to start yesterday, realizing that can't happen, I don't know haw many phases there will be, but certainly a few as it goes through. But I do not honestly know how many. Rountree: How does the phasing of the golf course come in with the establishment of the subdivision? Meridian Planning & Zoning June 14, 1994 Page 33 Wardle: Mr. Chairman, it is my understanding that the golf course properties will be deeded to the City and even though development of the residential portion of this project may come along the line that the City will be able to start development and construction of the golf course this fall. Hepper: I had another question for you to, it kind of slipped by me what you were referring to about the medium density areas, what was your comment about those? Wardle: They will be subject to a submittal of a specific project in the future that would require design and approval of either a town house or condo project or a plat whatever is applicable so those will come bads to you in some format in the future. Hepper: That wrouldn't be part of this right now? Wardle: It is simply acknowledgement that they are as part of this PUD knowing that it is subject to future approval. Johnson: Just for the record and for Wally's benefit since he showed up for some reason, I am for night and day. I have a chance then if the course differs greatly in the second nine. Wardle: It will be different. Johnson: This is a public hearing, anyone else from the public like to address the Commission at this time? Mark Janiziek, 26 North McDermot Road, was sworn by the City Attorney. Janiziek: Mainly I have a concern, is a question more than testimony, I farm the ground right across the road and our right of way for our delivery of our water comes right through the middle of that. I was just wondering what they have proposed for the right of way for the water coming through there? Johnson: Our ordinance would require of course the access to be maintained and also that those ditches be tiled. I don't know if there will be a variance because of the golf course or not, I don't think that has been addressed has it? Janiziek: How about the route for where the ditch will go, do you have any idea. What is the plan for the ditch, is there any? Johnson: I don't specially know that, t don't know if the developer knows that, if that is Meridian Planning & Zoning June 14, 1994 Page 34 your question we will have them address tha# and also get Gary Smith's comments before you leave. Do you have any other questions. Janiziek: Yes, another thing too, I farm that on the other side of the road and we plan on keep farming it there and what them to be aware that there will be aerial application and regular farming practices going on across the road there. I would like them to be aware of that. Another thing 1 have a concern with, when they get into these construction projects and (inaudible) they have all kinds of wrapping materials and stuff that is scattered out there and when we get ready to farm we have to get a crew and start picking trash before we can start farming. 1 think they do a little better of a job keeping things cleaned up around there and letting things just blow over there onto our property. Johnson: That is a good point and ii a continuing problem, it is the responsibility of the developer to keep that Gean. If you have a problem with that 1 would suggest you call Mr. Berg at the City because we do have complaints in that area frequently. Anything else? Janiziek: That is all I have, Johnson: Anyone else from the public? Dean Langley, 3185 North Black Cat Road, was svwrn by the City Attorney. Langley: Mr. Chairman, members of the commission, Mr. Janizek has addressed a lot of issues that were on our minds as well. Our family is operating as Langley Farms Partnership does own the 100 acre parcel directly to the west across the road on Black Cat. I also wanted to reiterate from his comments, we plan on a foreseeable future to operate that as productive farmland and in addition to his comments about application of herbicides and pesticides, seeing the recent conflict in Caldwell last year on bailing hay and so forth, I know that there may be noise at various hours of the day and night. Of course we don't have any objection to the development of the property as proposed tonight but we do want to go on record as the fact that there will be machinery equipment on the roadways and operating in the fields at different times during the day and or night. Also, there will be dust, and subject to prevailing winds which is from the northwest which will blow into the proposed development at times. The issue of the water supply was mentioned previously as well, 1 did have the opportunity to meet briefly with Mr. Turnbull last and they are seeming amenable to work out the particulars with route subject to ordinances that you deal with and also the irrigation company and also our needs and logistics there and of course Mr. Janizek's approval as the operator of the farm ground that rents that from us. In conclusion, the issue of weed control, I was pleased to see that the BRC in this last week have the weeds disced down, better late than never, it looks a lot better. (Inaudible) such a large tract of land that since they are only going to be Meridian Planning & Zoning June 14, 1994 Page 35 developing part of that, that there be a reminder or a statement about what ever your regulations or mandate for the type of zoning that is there that there be some attempt at weed control, and keeping the height down. I understand from conversation with the Weed control here that there are spots of noxious weeds on the property as well as other non-noxious weeds. And we spend quite a bit of money every year to keep weeds under control on the west side there so we would appreciate some help that way. 1 know the previous individual that farmed that had done a real good job of keeping that clean prior to this time. That concludes my remarks. Johnson: Thank you very much, we appreciate your comments and I think it is wise to get those on the record regarding agricultural exposure and your continuing desire to do that. What is your, you say you have 100 acre to the west, (inaudible) or where does your property actually come in on that diagram. Langley: Just the part that is shown here of course, but the property would start approximately right here and on north to Ustick Road. Johnson: Is Mr. Janizek to the south then? Langley: No, he farms that ground for the family. Johnson: Thank you very much, anyone else from the public? David Tumbull, 12301 West Explorer Drive, Boise, was sworn by the City Attorney. Tumbull: Since my name was evoked a few times I thought I would get up here and give you the opportunity to ask any questions. To give a little bit of a background on what wre have done here, we have been working on this project for quite some time. As you know there was a previous concept plan approved for this project 15 or 20 years ago. When we got involved in the project we did take a look at the existing golf course layout and weren't comfortable with it and we did go outside to outside consultants and hire a golf course architect and this is the plan that they have come up with. It has been reviewed with the Mayor, with certain members of the Council, Max Yerrington in particular and Wally. We feel like what we have here is a great improvement, in fact the original acreage I think that was designed into the golf course was somewhere around 25 acres, I think we are closer to 50 to 55 acres that is being dedicated for golf course grounds. The fairways are wider, the spray zones are wider, I don't think it is just a slight difference, I mean vre don't want to drastically alter the ambiance of the course but vre want to certainly make it more playable and more enjoyable to play. That was our goal when vue started this project, it has taken us quite some time to get all of these details worked out. We has hoped we had it in and ready to go sooner. I know that the Mayor is anxious to start turning dirt on the golf Meridian Planning & Zoning June 14, 1994 Page 36 course as w~ are anxious to deed the ground over to him so that he can do that. So anything we can do to help expedite that so we can get approval on a plan so we can go forward and deed the ground to the city for the golf course I think would be appreciated by us as the developer and by the City. I think we would all like to see this project move forward as quickty as possible. I wasn't quite clear Mr. Chairman as to your comment on the 23rd, is there an advertising requirement for that meeting. Johnson: Yes, according to our City Clerk we wouldn't have sufficient time to get it on the June 23rd meeting because it is not a regularly scheduled meeting it is a special meeting and we would have to properly advertise it. Turnbull: You have to advertise findings of fact? Crookston: No, just the meeting. Berg: The agenda of the meeting. (inaudible) Turnbull: Two times, it would have to be advertised 2 Fridays. Johnson: The paper is actually printed on Tuesday, it comes out on Friday. I didn't know that until the other day either. Turnbull: Well, basically that is where we have come on the project, I appreciate the concerns of Mr. Janizek and Mr. Langley concerning the fact that they farm to the west. Fortunately the prevailing wind is from the west so if the trash blows it shouldn't blow into their farm but the dust from their farm will blow into, and we understand those issues and we understand the issue of conveying water and we will do that. It may not be along the existing route but it will get to their property and we will not impede the flow. Johnson: Any questions of David? Crookston: Can you give me some kind of idea of what kind of homes are going to be constructed? Turnbull: 1 would say these are probably going to be in, and I have a hard time pinning down exact dollar values but the lot prices 1 imagine are going to be started near $30,000 and going up into the mid-40's. You are talking about a multiplier of 5 times, so we are probably talking between $140,000 and $200,000 plus homes for the single family homes. Rountree: How about the condos and townhouses? Meridian Planning & Zoning June 14, 1994 Page 37 Turnbull: Well, the condos and townhouses are I think one of the reasons, we are going to be designing something for the retirement community out there. I don't know that there is much that the market, those people have been served and those older retired people who plan to golf like to congregate the golf course, so we would like to provide something in that type of a market where they can get rid of their maintenance headaches on a yard and enjoy a golf course setting. 1 don't have any specific plans right now and obviously we will be providing those for your approval. But that as we look at that area around there it is typically all single family homes. if we can provide a place for the retired people that is a benefit, places less of a strain on schools and they typically make good neighbors as long as they don't get to crotchety. Johnson: Any other questions for Mr. Turnbull? Rountree: Do you have any problems with taking Harbor Point coming in from the west and flipping it up around and then back into the subdivision and providing a culdesac or stub street into the parking lot and the clubhouse and eliminating the through access. Turnbull: I will step over to the board and see if I interpret you correctly. Flipping this and culdesacing this? Rountree: Yes, it doesn't look like you would lose any lots. Turnbull: I would discuss it, I think it has been designed that way by number one the golf course designer, and number 2 1 think there are going to be certain people on the Commission I don't know but certainly on the Council that may object to that. I am not opposed to looking at it, but. Rountree: Well, t just find it tough that you are arguing to not bring Interlachen through, is that you will drain the subdivision through that. And it is okay to drain it out through an existing subdivision to the north. Turnbull: That wasn't our argument that was the argument of Ada County Highway district. understand where you are coming from, I am not opposed to looking at it, but there is probably going to be a variety of opinions on it. Rountree: No doubt. Johnson: Thank you, any comments from City Staff, Gary Smith or Shari Stiles? Not at this time. Anyone else from the public before f close the public hearing? Seeing no one then t will close the public hearing. We have annexation and zoning and a preliminary plat. Meridian Planning & Zoning June 14, 1994 Page 38 Rountree: Mr. Chairman, I will make a motion that wee have findings of fact and conclusions of law prepared for this recommendation by the City Attorney. Hepper: Second Johnson: We have a motion and a second to have the City Attorney prepare findings of fact and conclusions of law for the Ashford Greens subdivision, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: I have nothing further, do you have anything? Entertain a motion. Rountree: I move we adjourn. Shearer: Second Johnson: Moved and seconded we adjourn, all those in favor? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 9:34 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) ~~~~ J ON, CHAIRMAN ATTEST: ~~~ . WILLIAM G. BERG, JR., CI CL RK ~~'~;~l~tA~ HEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION INTERWEST DEVELOPMENT, INC. ANNE$ATION AND ZONING RAVEN COVE # 5 SUBDIVISION MERIHZAN, IDAHO FINDINOS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on February 8, 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, being tabled to April 12, 1994, and then being tabled to May 10, 1994, and then being tabled to the June 14, 1994, meeting, and the Commission having heard and taken oral and written testimony and the Applicant appearing through its engineer, David Collins, 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 February 8, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the February 8, 1994, hearing; and that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 1 C, • available to newspaper, radio and television stations. 2. That the property included in the application for annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is approximately 20.00 acres in size. 3. That the property is presently zoned by the county as R-T (Rural Transition); that the Applicant requests that the property be zoned R-4 and stated that the use proposed would be for proper residential as dictated by the zone and submitted a proposed preliminary plat. 4. The general area surrounding the property is used agriculturally and residentially; that some of the property to the north is platted for residential and some property to the north is unplatted and vacant ground; that there is unplatted ground to the west, east and south. 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; the owners of record are Gerald L. Conrad and Joanne C. Conrad; the Applicant, Interwest Development, Inc., indicates that it has an option to purchase the property; that before the City can annex the property, the owners of record must have requested the annexation since this annexation and zoning application is not at the request of the City of Meridian. 7. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 2 8. That the parcel of ground requested to be annexed is presently included within the Meridian Urban Service Planning Area (U.S.P.A.) as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan; that the property is included within an area designated in the Meridian Comprehensive Plan as existing urban. 9. There were property owners appearing at the hearing; Aloys Schlekoway testified that he was concerned on the access to his property; Tom Geile testified that he owns the property to the east and desired sewer and road access through this property and that he thought the layout of the preliminary plat was "boxy". 10. That the Applicant indicated that the intended development of the property is, as atated above, for single family dwellings; in the subdivision application it is represented that the lots would have a minimum of 8,000 square feet per and that the houses would have a minimum square footage of 1,400 square feet. 11. The Applicant stated at the hearings that there would be 73 lots for single family dwellings, a 3.75 density per acre, that the property would be bermed the same as along Cherry Lane and there would be sidewalks and gutters. 12. That in the Rural Area section of the Comprehensive Plan, Land Use, Rural Areas, Section 6.3, it does state that land in agricultural activity should so remain in agricultural activity until urban services can be provided. 13. That Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 3 agricultural uses to be developed into residential subdivision lots. 14. That the property can be physically serviced with City water and sewer. 15. Meridian Police Department, Meridian Fire Department, Meridian School District, Ada Street Name Committee, Central District Health Department, Nampa Meridian Irrigation District, Bureau of Reclamation, Idaho Power, and the Meridian Planning Director submitted comments and such are incorporated herein as if set forth in full. Also the Meridian City Engineer and the Ada County Highway District submitted comments. 16. That the City Engineer, Gary Smith, commented, among other comments, that the highest seasonal groundwater elevation needs to be determined so that the bottom of building footings can be set a minimum or 12 inches above that elevation; that there are 6 or so lots that do not appear to contain 8,000 square feet; that a 10 inch water line shall be constructed along the projects frontage on Pine Street; that the sewer and water mains shall exit this projects north boundary in a public right of way in line with the stub roadway shown on the previously approved preliminary plat of Haven Cove; and that a 20 foot wide common lot access shall be provided to the north in lieu of the 20 foot wide easement. 17. That the Planning Director, Shari Stiles, commented that the landscape strip and bike path indicated to be provided in the application needs to be detailed; that each lots needs to be 8,000 square feet exclusive of all easements; that a stub street to the FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 4 easterly boundary in line with Warrior Street needs to be provided; and that irrigation relocations need authorization from the appropriate irrigation entity. 18. The Meridian School District's comment on this annexation request will accelerate the need for the District to construct additional classrooms and/or adjust attendance boundaries. Meridian schools do not have excess capacity; and it asked for support of a development fee statute on new home construction or a real estate transfer fee to help offset the costs of building additional school facilities; the District has commented more recently for an annexation which would be in the same elementary school attendance zone that the subdivision proposed for the land would mean 20 elementary aged children, 17 middle school aged children and 20 senior high aged students; that Linder Elementary School is at 1378 of capacity, Meridian Middle School at 1298 of capacity and the Meridian High School at 1168 of capacity; went on to state as follows: "There is little opportunity to shift attendance boundaries since the surrounding schools are also well over capacity. Before we could support this subdivision, we would need land dedicated to the district or at least made available at a minimum price for a school site in this area. The site would need water and sewer service available. In addition we would need to pass another bond issue for the construction of schools." 20. That the property is shown on the Meridian Comprehensive Plan as being in a Single Family Residential area. 21. That the R-4, Residential District is described in the Zoning Ordinance, 11-2-406 B. 3 as follows: (R-4) LOW DENSITY RESIDENTIAL DISTRICT: The purpose of FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 5 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."; 19. 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." 20. 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 . .' 21. 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." 22. That the Meridian Comprehensive Plan, under Housing, 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." FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 6 "1.4 The development of housing for all income groups close to employment and shopping centers should be encouraged." 23. 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. 24. 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."; 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 7 r~ r~ provide for school services to current and future students. 25. 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. 26. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (10') wide." 27. 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." 28. 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;" 29. 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 8 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." 30. 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 Desiqn Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments. 31. That the Applicant submitted an application for preliminary plat along with the application for annexation and zoning which application included a preliminary plat. 32. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 9 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 use application under Idaho Code, Section 50- 222, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant, with the consent of the owners of the property, and 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). FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 10 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, Section 11-9-605 M., which pertains to the tiling of ditches and water ways, and Section 11-9-606 B 14, which pertains to pressurized irrigation; that the Applicant will be required to connect to Meridian water and sewer; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance; that, as a condition of annexation the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, K, L; that the development agreement shall, as a condition of annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any development fee or transfer fee adopted by the City; that there shall be no annexation until the requirements of this paragraph are met or, if necessary, the property shall be subject to de-annexation and loss of City services, if the requirements of this paragraph are not met. The development agreement shall also address the landscaping along Ustick Road, and maintenance thereof, by a mandatory home owners association rather than the individual lot owners. The Covenants, Conditions and Restrictions shall require the mandatory homeowners association as a condition of annexation. 10. That the Applicant's property is in compliance with the FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 11 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 and of the Nampa & Meridian Irrigation District, Meridian Fire Department, Idaho Power, U. S. West, and the comments of the Meridian Planning Director and City Engineer and these Findings and Conclusion 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 the Applicant shall be required to install a pressurized irrigation system, and if not so done 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. 14. That proper and adequate access to the property is available and will have to be maintained; that the house size of 1,400 square feet must be 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 of R-4 Residential would be in the best interest of the City of Meridian. 17. That if these conditions of approval are not met the FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 12 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 HEPPER COMMISSIONER ROUNTREE SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) VOTED=G/ VOTED VOTED DSCISION AND RECONNSNDATION The Meridian ning and Zoning Commission hereby recommends to the City Platt mmisaiea-of the City of Meridian ~'ourr i/ 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 if the conditions are not met that the property be de-annexed. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 13 C ~ ORIGINAL BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION BOND CAMPBELL AND SHELLI CABA ANNEXATION AND ZONING NORTH OF USTICK AND WEST LOCUST GROVE ROAD MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on June 14, 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, Bond Campbell, appearing, and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for June 14, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the June 14, 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 to be developed FINDINGS OF FACT & CONCLUSIONS OF LAW/THE HOLLOWS Page - 1 is a 6 1/4 acre parcel; it is located at 1150 E. Ustick Rd. which is north of Ustick, 1/4 mile west of Locust Grove and currently adjacent to Rock Creek Subdivision; the development would include 9 lots. 3. That the property is presently zoned by the County RT (Rural Transition); that the Applicant has requested that the property be zoned R-4 Residential and stated that the use proposed would be for R-4 Residential development. 4. The present land use has one single family residential home and the remainder of the property surrounding the single family residence is used for agricultural purposes; that the Applicant's application for annexation and zoning stated that they have approximately 6 1/4 acres to develop with 9 lots, the smallest lot being 10,000 square feet and the largest being 15,000 square feet; at the hearing, Applicant stated the smallest lot was 11,400 square feet and largest being 20,000 square feet; that Applicant intends to fence the entire parcel of property. 5. That the property is adjacent and abutting to the present City limits. 6. The Applicant's are the owner's of record of the property, and have requested the annexation. 7. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 8. That the entire parcel of ground requested to be annexed is presently included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian FINDINGS OF FACT & CONCLUSIONS OF LAW/THE HOLLOWS Page - 2 Comprehensive Plan. 9. That there was no testimony at the hearing other than the Applicant's. 10. The Department of Health, the Nampa Meridian Irrigation District, City Engineer, City Police Department, Nampa & Meridian irrigation District, Meridian School District, Police Department and City Fire Department did submit comments and such are incorporated herein as if set forth in full. 11. The City Engineer, Gary Smith, commented that a legal description needs to be written describing the property boundary including the adjacent one half width of Ustick Road; that the proposed 5 acre parcel has an approximate 100 foot contiguity to the city limit line established by the annexation of Rock Creek Subdivision; that water and sewer could be provided by extensions of the 12 inch diameter main line in Ustick Road at the northwest corner of the Howell Tract Subdivision. 12. That the Planning Director submitted a comment that a development agreement was required as a condition of annexation and that Applicant must work with Public Works Department staff to ensure the property can be served by sewer and water in the near future. 13. The Meridian School District's comment on this annexation request was that the planned development will accelerate the need for additional classrooms and/or to adjust school attendance boundaries; that Meridian Schools do not have excess capacity and nearly every school in the district is beyond capacity. FINDINGS OF FACT & CONCLUSIONS OF LAW/THE HOLLOWS Page - 3 14. That the property is shown on the Meridian Comprehensive Plan as being in a Single Family Residential area. 15. That in the Rural Area section of the Comprehensive Plan, Land Use, Rural Areas, Section 6.3, it does state that land in agricultural activity should so remain in agricultural activity until urban services can be provided. 16. That Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots. 17. 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. 18. 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." 19. That the Meridian Comprehensive Plan, under Land Use, FINDINGS OF FACT & CONCLUSIONS OF LAW/THE HOLLOWS Page - 4 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 . .' 20. 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." 21. That the Meridian Comprehensive Plan, under Housing, 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 arrangements), ." "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." 22. 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. 23. That in prior requests for annexation and zoning in this area the previous Zoning Administrator has commented that annexation could be conditioned on a development agreement including an impact fee to help acquire a future school or park site to serve the area and that annexations should be subject to impact fees for park, police, and fire services as determined by FINDINGS OF FACT & CONCLUSIONS OF LAW/THE HOLLOWS Page - 5 the city and designated in an approved development agreement; that such comment is equally applicable to this Application. 24. 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."; 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. 25. 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 FINDINGS OF FACT & CONCLUSIONS OF LAW/THE HOLLOWS Page - 6 in the City because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 26. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (10') wide." 27. 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." 28. 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;" 29. 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; FINDINGS OF FACT & CONCLUSIONS OF LAW/THE HOLLOWS Page - 7 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." 30. 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 Planning and Zoning Commission 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. 31. 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 by the provisions contained in Section 50-222, Idaho Code, Title 67, Chapter 65, Idaho Code, the FINDINGS OF FACT & CONCLUSIONS OF LAW/THE HOLLOWS Page - 8 Meridian City Ordinances, the Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant 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, Section 11-9-605 M., which pertains to the tiling of ditches and water ways, and Section 11-9-606 B 14, which pertains to pressurized irrigation; that the Applicant will be required to connect to Meridian water and sewer; that the development of the FINDINGS OF FACT & CONCLUSIONS OF LAW/THE HOLLOWS Page - 9 property shall be subject to and controlled by the Subdivision and Development Ordinance; that, as a condition of annexation the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, K, L and prior comments of the previous Planning Director, Wayne Forrey, relating to the lack of adequate recreation facilities and that land set aside for a future park would be desirable, that the City is in need of land set- asides for future public service use, that a school site was not reserved; that the development agreement shall, as a condition of annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any development fee or transfer fee adopted by the City; that there shall be no annexation until the requirements of this paragraph are met or, if necessary, the property shall be subject to de-annexation and loss of City services, if the requirements of this paragraph are not met. The development agreement shall also address the landscaping along Ten Mile Road and Ustick Road, and maintenance thereof, by a mandatory home owners association rather than the individual lot owners. The Covenants, Conditions and Restrictions shall require the mandatory homeowners association as a condition of annexation. 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. FINDINGS OF FACT & CONCLUSIONS OF LAW/THE HOLLOWS Page - 10 • 11. That the requirements of the Meridian City Engineer, Meridian Fire Department, U. S. West, and the comments of the Meridian Planning Director and City Engineer and these Findings and Conclusion 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 the Applicant shall be required to install a pressurized irrigation system, and if not so done the property shall be subject to de-annexation; the Applicant shall also determine the highest sesasonal ground water level and report that to the City Engineer. 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. 14. That proper and adequate access to the property is available and will have to be maintained; that the house size of 1,400 square feet must be met; that the minimum lot size shall be 11,400 square feet as represented by the Applicant. 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 of R-4 Residential would be in the best interest of the City of Meridian. 17. That if these conditions of approval are -Aet met the Ao'r FINDINGS OF FACT & CONCLUSIONS OF LAW/THE HOLLOWS Page - 11 '~~ ~ ~ property shall be subject to de-annexation. APPROVAL OF FINDINCiB OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER VOTED Af t- COMMISSIONER ROUNTREE VOTED ///~~~ ~~~ COMMISSIONER SHEARER VOTED ~Zi~(~ COMMISSIONER ALIDJANI VOTED ~/ CHAIRMAN JOHNSON (TIE BREAKER) VOTED The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning as stated above for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law and that if the conditions are not met that the property not be annexed, or if the property has been annexed that it be de-annexed. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT & CONCLUSIONS OF LAW/THE HOLLOWS Page - 12 ~ • ORlGi~A~ BEFORE THE PLANNING AND ZONING COMMISSION OF THE CITY OF MERIDIAN NEB-i COMPANY ANNEXATION AND ZONING LOTS 8 - 17 OF PLEASANT VALLEY SUBDIVISION, EXCEPT THE NORTHERLY 12.4 FEET THEREOF MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on June 14, 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 City Council having heard and taken oral and written testimony and the Applicant appearing through James C. Merkle, P. E., and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for June 14, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the June 14, 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 the property included in the application for annexation and zoning is described in the application, and by this FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 1 reference is incorporated herein; approximately 9.1 acres in size. that the property is 3. That the property is presently zoned by the county as R-8 residential; that the Applicant requests that the property be zoned C-G General Retail and Service Commercial (C-G); that no specific use for the property was presented but a letter accompanying the application stated that the proposed use was for general commercial . 4. The general area surrounding the property is used as R-8 County residential and the property on the north is agricultural land zoned R-T by the County. 5. That the property is now adjacent and abutting to the present City limits as a result of the AVest annexation, but the property was not contiguous at the time of the filing of the application. 6. That NEB-i Company is the Applicant; that Applicant does not own the land; that the owner is Roger C. Crandlemire and he has consented to the application and has requested this annexation and zoning and the application is not at the request of the City of Meridian. 7. That the Applicant's annexation and zoning application was submitted with a letter that stated the present use of the land is for pasture and farmland. 8. Ada County Highway District (ACHD) submitted comments and such are incorporated herein as if set forth in full. 9. That Gary Smith, City Engineer, submitted comments and FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 2 they are incorporated herein as if set forth in full; the Applicant's representative stated at the hearing that he had no problem with the Engineer's comments. 10. That the Planning and Zoning Administrator, Shari Stiles submitted comments and they are incorporated herein as if set forth in full; that the Applicant's representative stated at the hearing that he had a problem with the comment that a 35 foot landscape setback was required and the Applicant was proposing as 15 foot setback as required in the Zoning Ordinance; that the 35 foot setback is a Comprehensive Plan goal for the entryway corridors to the City, of which Fairview Avenue is such. The Planner also commented that the annexation and land use request of C-G generally complies with the current Comprehensive Plan; that no development proposal has been received; that the legal description does not appear to include all the area to the centerlines of adjacent roadways and a revised legal incorporating these area areas need to be submitted; that a development agreement is necessary prior to annexation addressing the 35 foot landscaped setback, ;tiling of ditches, pedestrian walkways,m ACHD right-of-way dedication, and other City goals and requirements; and that depending on intended use, conditional use permits may be necessary. 11. The Meridian Police and Fire Department Departments submitted comments as did the Central District Health Department, Nampa Meridian Irrigation District and U. S. West; that all such comments are incorporated herein as if set forth in full. 13. There were no property owners appearing at the Planning FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 3 and Zoning hearing to make comments on the application 14. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 15. That the parcel of ground requested to be annexed is presently included within the Meridian Urban Service Planning Area (U.S.P.A.) as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 16. That the property can be physically serviced with City water and sewer. 17. That Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots and commercial. 18. That the following pertinent statements are made in the Meridian Comprehensive Plan: A. Under ECONOMIC DEVELOPMENT, Economic Development Goal Statement Policies, Page 19 1.1 The City of Meridian shall make every effort to create a positive atmosphere which encourages industrial and commercial enterprises to locate in Meridian. 1.2 It is the policy of the City of Meridian to set aside areas where commercial and industrial interests and activities are to dominate. 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. 1.5 Strip industrial and commercial uses are not in compliance with the Comprehensive Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 4 B. 1.6 It is the policy of the City of Meridian to support shopping facilities which are effectively integrated into new or existing residential areas, and plan for new shopping centers as growth and development warrant. 1.8 The City of Meridian intends to establish a Design Review Ordinance which will foster compatible land use and design within the development, and with contiguous developments; and encourage innovations in building techniques, so that the growing demands of the community are met, while at the same time providing for the efficient use of such lands. Under LAND USE 1. EXISTING CONDITIONS, Page 21 Commercial and retail areas are established along major arterials, (East First Street, Cherry Lane, Fairview Avenue, Franklin and Meridian Roads) and include small commercial center and individual businesses. Uses include retail, wholesale, service, office, and limited manufacturing. 2. GENERAL POLICIES, Page 22 The following land use activities are not in compliance with the basic goals and policies of the Comprehensive Plan: a. Strip commercial and strip industrial. b. Scattered residential (sprawl or spread). 3. COMMERCIAL ACTIVITY CENTERS, Page 25 a. In all cases, the locations of Commercial Activity Centers should be guided by performance and developments standards. These standards consider, among other aspects: 1. Traffic Volume and Type 2. Trip Generation 3. impacts on Arterial Street System 4. Proximity to Other Commercial .Development 5. Impacts on Neighborhood Residential Areas 6. Accessibility of Site 7. Parking Demands 8. Pedestrian Circulation 9. Available Utility Systems 10. Aesthetics (Design Considerations) 11. Use Impacts Upon Other Adjacent Uses 12. Internal Circulation Design 13. Drainage FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 5 4. COMMERCIAL POLICIES, Page 26 a. 4.6U Community shopping centers will be encouraged to locate at arterial intersections and near high-traffic intensity areas. b. 4.7U Community shopping centers must be planned for future integration of adjoining residential uses. 5. MIXED-PLANNED USE DEVELOPMENT, Page 28 Mixed-use Area at Locust Grove Road and Fairview Avenue Plus Area North of Fairview Avenue. These areas are within Ada County, but nearly surrounded by the City of Meridian. The area is characterized by large rural lots, and a sparse development pattern. In order to stimulate planned development in these areas, the following policies apply: a. 5.16U All development requests will be subject to development review and conditional use permit processing to ensure neighborhood compatibility. b. 5.17U A variety of coordinated, planned and compatible land uses are desirable for this area, including low-to-high density residential, office, light industrial and commercial land uses. c. 5.18U Existing residential properties will be protected from incompatible land use development in this area. Screening and buffers will be incorporated into all development requests in this area. d. 5.19U A planned community shopping center is anticipated near the Locust Grove Road/Fairview Avenue intersection. C. Under TRANSPORTATION, Page 42 1. Existing Conditions a. Cherry Lane/Fairview, East of Meridian Road, is listed as a principal arterial b. Locust Grove Road is listed as a Minor arterial. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 6 D. Under COMMUNITY DESIGN, at Page 71 1. Entryway Corridors c. Fairview Avenue (East entrance). 2. Entrance Corridors Goal Statement - Promote, encourage, develop and maintain aesthetically pleasing approaches to the City of Meridian. 3. Policies, Page 71 a. 4.3U Use the Comprehensive Plan, subdivision regulations, and zoning to discourage strip development and encourage clustered, landscaped business development on entrance corridors. b. 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 entrance corridors. 4. Neighborhood Identify Goal Policies, Page 72 a. 6.4U Limit the conversion of predominantly residential neighborhoods to nonresidential uses, and require effective buffers and mitigation measures through conditional use permits when appropriate nonresidential uses are proposed. 19. That in the Rural Area section of the Comprehensive Plan, Land Use, Rural Areas, page 28, it states as follows: "Land covered by this policy section has characteristics which generally allow for agricultural and rural residential activity due to the existence of irrigation systems, soil characteristics and relative freedom from conflicting urban land uses. Where community growth creates pressure for new development, it must be recognized that agricultural land can no longer economically continue to be identified or used as agricultural land to the exclusion of orderly. city growth and development." 20. That Section 6.3, of the LAND USE section of the Comprehensive Plan, states that land in agricultural activity should so remain in agricultural activity until urban services (municipal sewer and water facilities) can be provided. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 7 • 21. That Section 6.3, of the LAND USE section of the Comprehensive Plan, states as follows: "Existing rural residential land uses and farms/ranches shall be buffered from urban development expanding into rural areas by innovative land use planning techniques." 22. That the property is included within an area designated on the Generalized Land Use Map in the Meridian Comprehensive Plan as a commercial area; that the commercial area is in an area .that is listed as Mixed/Planed Use Development area. 24. That the requested zoning of General Retail and Service Commercial, (C-G) is defined in the Zoning Ordinance at 11-2-408 B. 11. as follows: (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. 25. That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, B, Commercial, lists commercial uses allowed in the various zoning districts of the City; that Shopping Centers, Community, are not listed as allowed uses in the General Retail and Service Commercial (C-G) district; that Shopping Centers, Neighborhood, are not listed as allowed uses in the General Retail and Service Commercial (C-G) district; that individual department stores, retail stores, restaurants, and storage facilities, indoors or outdoors, are allowed uses in the C-G district; that planned commercial FINDINGS OF FACT AND CONCLUSIONS OF LAW Page B developments, are an allowed use in the C-G district. 26. That Planned Development is defined in 11-2-403 B, at page 20 of the Zoning Ordinance booklet, as follows: "An area of land which is developed as a single entity for a number of uses in combination with or exclusive of other supportive uses. A PD may be entirely residential, industrial, or commercial or a mixture of compatible uses. A PD does not necessarily correspond to lot size, bulk, density, lot coverage required, open space or type of residential, commercial or industrial uses as established in any one or more created districts or this Ordinance." and a Planned General Development is defined as follows: "A development not otherwise distinguished under Planned Commercial, Industrial, Residential Developments, or in which the proposed use of interior and exterior spaces requires unusual design flexibility to achieve a completely logical and complimentary conjunction of uses and functions. This PD classification applies to essential public services, public or private recreation facilities, institutional uses, community facilities or a PD which includes a mix of residential, commercial or industrial uses." 27. That under 11-2-409, ZONING SCHEDULE OF USS CONTROL, B Commercial, Planned Commercial Development, is a permitted use in the C-G district and Planned Unit Development - General, is an allowed conditional use in the C-G district. 28. 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."; that the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City being FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 9 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, and the housing for that 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. 29. 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 lots in the City, because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 30. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (10') wide." 31. 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." FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 10 • 32. 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;" 33. 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." 34. 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." FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 11 • 35. That 11-9-607 A, of the Subdivision Ordinance, states in part as follows: "The City's policy is to encourage developers of land development and construction projects to utilize the provisions of this Section to achieve the following: 1. A development pattern in accord with the goals, objectives and policies of the Comprehensive Plan; 5. A more convenient pattern of commercial, residential and industrial uses as well as public services which support such uses." 36. The Comprehensive Plan, recently adopted, does state that in the Mixed-Use Area at Locust Grove Road and Fairview Avenue development requests will be subject to development review and conditional use permit processing to ensure neighborhood compatibility. 37. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission and City Council 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 City Council has judged these annexation, zoning FINDINGS OF FACT AND CONCLUSIONS OF LAW Paqe 12 and conditional use applications under Idaho Code, Section 50-222, Title 67, Chapter 65, Idaho Code, Meridian City Ordinances, 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 Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant with the consent of the property owner, and 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, and Section 11-9-605 M., which pertains to the tiling of ditches and waterways and 11-9-606 14., which requires pressurized irrigation. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 13 10. That the Applicant's proposed use of the 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 City adopted the Comprehensive Plan at its meeting on January 4, 1994, and has not amended the Zoning Ordinance to reflect the changes made in the Comprehensive Plan; thus, uses may be called for or allowed in the Comprehensive Plan but the Zoning Ordinance may not address provisions for the use; it is concluded that upon annexation, as conditions of annexation, the City may impose restrictions that are not otherwise contained in the current Zoning and Subdivision and Development Ordinances. 12. The Applicant has not stated or represented its intention is to development, which is of concern to the Commission; it is therefore concluded, as a condition of annexation and zoning, that any use or development of the property shall only be allowed as conditional uses. 13. That it is concluded that the City could annex the property and zone it C-G but once the property was zoned C-G, the Applicant could place many different uses on the property without additional approval from the City other than building permits, which limits the control that the City should have over the development and the uses of the property due to the mandates of the Comprehensive Plan. 14. That it is concluded that since the Comprehensive Plan, under LAND USE, Mixed-Use Area at Locust Grove Road and Fairview FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 14 Avenue, in 5.16U, states that all development requests will be subject to development review and conditional use permit processing to insure neighborhood compatibility, and since the City should have control over any uses that are to be placed on the land, it is therefore concluded that development of the parcel of land is conditioned on being developed as a Commercial Planned Development, which is allowed in the General Retail and Service Commercial (C-G) district, or under the conditional use permit process. 15. Therefore, it is concluded that the property should be annexed and zoned General Retail and Service Commercial (C-G), but only capable of being developed as a planned commercial development or under the conditional use permit process. 16. That, as a condition of annexation and the zoning of C-G, 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, among other things, the following: 1. Inclusion into the development of the requirements of 11- 9-605 a. C, Pedestrian Walkways. b. G 1, Planting Strips. c. H, Public Sites and Open Spaces. d. K, Lineal Open Space Corridors. e. L, Pedestrian and Bike Path Ways. 2. Payment by the Applicant, or if required, any assigns, heirs, executors or personal representatives, of any impact, development, or transfer fee, adopted by the City. 3. Addressing the subdivision access linkage, screening, buffering, transitional land uses, traffic study and recreation services. FINDINGS OF FACT AND CONCLUSIONS OF LAW Paqe 15 4. An impact fee to help acquire a future school or park sites to serve the area. 5. An impact fee, or fees, for park, police, and fire services as determined by the city. 6. Appropriate berming and landscaping. 7. Submission and approval of any required plate. 8. Submission and approval of individual building, drainage, lighting, parking, and other development plans under the Planned Development guidelines, including plans for the storage units. 9. Harmonizing and integrating the site improvements with the existing residential development. 10. Establishing the 35 foot landscaped setback required under the Comprehensive Plan and landscaping the same. 11. Addressing the comments of the Planning Director, Shari Stiles. 12. The sewer and water requirements. 13. Agreeing that the Meridian Comprehensive Plan is applicable to the land and any development. 14. Traffic plans and access into and out of any development. 15. And any other items deemed necessary by the City Staff, including design review of all development, and conditional use processing as required under the Meridian Comprehensive Plan. 17. That Section 11-2-417 D of the Meridian Zoning Ordinance states in part as follows: "If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. "• that since the above section states that the development agreement shall take effect upon the adoption of the ordinance annexing and FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 16 zoning the parcel and since no development agreement has been agreed on, or even discussed, it is concluded that the development agreement is information that the City Council needs prior to the final action on the annexing and zoning applications, which is the annexation ordinance, and therefore pursuant to 11-2-416 F 2. the City Council may desire to continue the matter from meeting to meeting until the development agreement is executed by all necessary parties. 18. That it is concluded that the annexing and zoning of the property is in the best interests of the City of Meridian, but it is concluded that there shall be no annexation until the requirements of these Findings of Fact and Conclusions of Law are met and the annexation and zoning is conditioned upon meeting the requirements of these Findings of Fact and Conclusions of Law. 19. That the requirements of the Meridian Police Department Meridian City Engineer, Ada County Highway District, Meridian Planning Director, Central District Health Department, and the Nampa ~ Meridian Irrigation District, shall be met and addressed in a development agreement. 20. 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 constructed, and if not so done the property shall be subject to de-annexation. 21. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 17 will serve the land; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the development agreement. 22. That these conditions shall run with the land and bind the applicant and its assigns. 23. With compliance of the conditions contained herein, the annexation and zoning of General Retail and Service Commercial (C- G), would be in the best interest of the City of Meridian. 24. That if these conditions of approval are not met, the property shall not be annexed. APPROVAL OF FIRDIN(~S OF FACT AND The Meridian Planning and Zoning Commission of the City Council of Meridian hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) VOTED VOTED VOTED VOTED VOTED •'i ti's ,1,1 FINDINGS OF FACT AND CONCLUSIONS OF LAW Paqe 18 • ! ON The Planning and Zoning Commission hereby recommends that the property set forth in the application be approved by the City Council for annexation and zoning under the conditions set forth in these Findings of Fact and Conclusions of Law, including that the Applicant enters into a development agreement prior to an annexation and zoning ordinance being passed as that agreement is information that the Council needs to decide whether to pass an annexation and zoning ordinance or deny the application; that if the Applicant is not agreeable with these Findings of Fact and Conclusions and is not agreeable with entering into a development agreement, the property should not be annexed. MOTION: APPROVED: /~"' ~'~' DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 19 ~- ~ ~ 1 BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION BOISE RESEARCH CENTER. INC. ANNE%ATION AND ZONING SW 1/4 OF SECTION 3, T.3 N., R.1 W., B.M. EAST OF BLACK CAT ROAD MERIDIAN. IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on June 14, 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 ita representative, Mike Wardle, and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for June 14, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the June 14, 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 ASHFORD FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 1 annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is approximately 25 acres in size; it is located on the south side of Black Cat Road between Ustick and Cherry Lane; the parcel is part of a parcel of property that was annexed by the City over fourteen years ago that is intended to be developed into 225 single family lots and portions of the entire parcel of approximately 159 acres are reserved for a medium residential area. That the property to be annexed is only a small portion of the Applicant's entire proposed development. 3. That the property is presently zoned by the County RT (Rural Transition); that the Applicant has requested that the property be zoned R-4 Residential and stated that the use proposed would be for R-4 Residential development and a planned unit development. 4. The present land has been used for agricultural pursuits. The Applicant submitted a preliminary plat of the entire parcel and stated that they have a density of 2.85 dwelling units per acre; that the density was figured including the land that is going to be donated to the City for an additional portion of the golf course and medium density residential area calculated at eight dwelling units per acre; that the Applicant stated in the preliminary plat application that the minimum square footage of lots was 7,000 square feet as a planned unit development, that the minimum square footage of the structures was undetermined, that the dwellings would include single family, and townhouses, condominiums or ASHFORD FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 2 cluster housing; that there would be a home owners association but no covenants were submitted; sprinkler systems would be provided; that all streets are proposed to be built to ACHD standards; and that the Applicant stated in the plat application that the value range would be $125,000.00 and up. That at the hearing the Applicant's representative stated that they wanted consideration as a planned unit development, that the golf course presented a significant amount of open space and that presented several considerations in terms of design that are different and unique, some of which were the length of the cul-de- sacs, lengths of blocks, approval of lots less than 8,000 square feet, length of street frontage not being 80 feet, and access to lots by private drives; that the representative kept referring to a planned unit development but no application for a conditional use to approve a planned unit development has been submitted and the land for the golf course addition would not be open for general use by the residents 5. That the property is adjacent and abutting to the present City limits. 6. The Applicant is the owner of record of the property. 7. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 8. That the entire parcel of ground requested to be annexed is presently included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. ASHFORD FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 3 9. There were no property owners in the immediate area that testified objecting to the Application. 10. City Engineer, Gary Smith, commented that there were many lots shown on the proposed preliminary plat that do not have 80 feet of street frontage, there were many lots that do not have 8,000 square feet, and that whether or not this project can be served by the City's existing water supply system will need to be determined through use of the water facilities model and that a new well may be necessary. That Nampa & Meridian Irrigation District commented that its water courses and easements need to be protected and recommended that irrigation water be made available to this development. 12. The Central District Department of Health, the Nampa Meridian Irrigation District, City Engineer, City Police Department, Idaho Power, Ada County Street Name Committee, U. S. West and City Fire Department submitted comments and such are incorporated herein as if set forth in full; that the Ada County Highway District and Meridian City Planner may submit comments and if it does those comments will be, and are, incorporated herein as if set forth in full. 13. That the property is shown on the Meridian Comprehensive Plan as being in existing urban area. 14. That in the Rural Area section of the Comprehensive Plan, Land Use, Rural Areas, Section 6.3, it does state that land in agricultural activity should so remain in agricultural activity until urban services can be provided. ASHFORD FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 4 15. That Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots. 16. That the property can be physically serviced with City water and sewer, if the Applicant extends the lines to meet City Ordinances. 17. 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 and a minimum lot size of 8,000 square feet. 18. 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."; that the area surrounding the Applicant's property is developed, and is being developed with R-4 Residential; that Meridian has a substantial amount of land zoned R-8 and land used for apartments. ASHFORD FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 5 19. 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 . 20. 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." 21. That the Meridian Comprehensive Plan, under Housing, 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 arrangements), ." "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." 22. 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. 23. That the City Engineer has previously submitted comment in different applications that a determination of ground water level and subsurface soil conditions should be made; that such a ASHFORD FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 6 comment is equally applicable to this Application. 24. That in prior requests for annexation and zoning in this area the previous Zoning Administrator has commented that annexation could be conditioned on a development agreement including an impact fee to help acquire a future school or park site to serve the area and that annexations should be subject to impact fees for park, police, and fire services as determined by the city and designated in an approved development agreement; that such comment is equally applicable to this Application. 25. The Meridian School District submitted comment in prior annexation requests, and such is incorporated herein as if set forth in full; its comment was that there is no excess capacity in the schools of the District and that residents of the new subdivision could not be assured of attending the neighborhood schools; the School District asked for support for a development fee or a transfer fee to help offset the costs of building additional schools. 26. 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."; that the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City being ASHFORD FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 7 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. 27. 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. 28. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (10') wide." 29. 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." ASHFORD FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 8 30. That Section 11-9-605 B 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;" 31. 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." 32. 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 Planning and Zoning Commission shall consider the Bicycle-Pedestrian Deaian Manual for Ada County (as prepared by Ada County Bighway District) when reviewing bicycle and pedestrian pathway provisions within developments. ASBFORD FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 9 33. 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 by the provisions contained in Section 50-222, Idaho Code, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, the Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. ASHFORD FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 10 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant who is the titled owner and the annexation is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. 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, Section 11-9-605 M., which pertains to the tiling of ditches and water ways, and Section 11-9-606 B 14, which pertains to pressurized irrigation; that the Applicant will be required to connect to Meridian water and sewer; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance; that, as a condition of annexation the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, R, L and prior comments of the previous Planning Director, Wayne Forrey, relating to the lack of adequate recreation facilities and that land set aside for a future park would be desirable, that the City is in need of land set- ASHFORD FINDINGS OF FACT & CONCLUSIONS OF LAW Paqe - 11 asides for future public service use, that a school site was not reserved; that the development agreement shall, as a condition of annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any development fee or transfer fee adopted by the City; that there shall be no annexation until the requirements of this paragraph are met or, if necessary, the property shall be subject to de-annexation and loss of City services, if the requirements of this paragraph are not met. The development agreement shall also address the landscaping along Black Cat Road, and maintenance thereof, by a mandatory home owners association.. The Covenants, Conditions and Restrictions shall require the mandatory homeowners association as a condition of annexation. The development agreement should also address the items requested by the Applicant relating to the length of the cul-de- sacs, length of blocks, lots less than 8,000 square feet, street frontage not being 80 feet, and access to lots by private drives. Also, if the Applicant desires to gain the advantages of a planned unit development it must apply for a conditional use permit-€e~~ as required by 11-2-409 A, as the City cannot grant those requests without them being presented as a variance or under a conditional use permit for a planned unit development. 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. ASBFORD FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 12 11. That the requirements of the Meridian City Engineer, Nampa & Meridian Irrigation District, Meridian Fire Department, Meridian Police Department, Idaho Power, U. S. West, and the comments of the Meridian Planning Director, when submitted, shall be met, and, if appropriate, addressed in the 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 the Applicant shall be required to install a pressurized irrigation system, and if not so done the property shall be subject to de-annexation. 13. That proper and adequate access to the property is available and will have to be maintained; that the house size required in the R-4 District of 1,400 square feet must be met and that the lot size of 8,000 square feet must be met, unless Applicant applies for a variance from that requirement or submits a conditional use application for a planned residential unit development. 14. That the Applicant shall, as a condition of annexation determine the highest level of seasonal groundwater. 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 of R-4 Residential would be in the best interest of the City of Meridian. 17. That if these conditions of approval are not met the ASHFORD FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 13 property shall not be annexed or shall be subject to de-annexation. APPROVAL OF FINDINOS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER ROUNTREE VOTED COMMISSIONER SHEARER COMMISSIONER ALIDJANI VOTED CHAIRMAN JOHNSON (TIE BREAKER) VOTED ASHFORD FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 14 DECISION AND The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning of R-4 Residential 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 the all ditches, canals and waterways and install a pressurized irrigation system as conditions of annexation, and that the Applicant meet all of the Ordinances of the City of Meridian, specifically including the development time requirements and enter into the required development agreement, and that if the conditions are not met that the property not be annexed or be de-annexed if it has been annexed. MOTION: L APPROVED: DISAPPROVED: ASHFORD FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 15 ~ , ORIGINAL MERIDIAN PLANNING $ ZONING COMMISSION MEETING: June 23.7994 APPLICANT: BRIGHTON CORPORATION AGENDA ITEM NUMBER: 5 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ASHFORD GREENS SUBDMSK)N AGENCY 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: f L-I ~S o 'L MERIDIAN POST OFFICE: ~ I ~ ~~ ~~ ~ I ADA COUNTY HIGHWAY DISTRICT: ~Qi ~ ~~ r,~^~ ,~' U ADA COUNTY STREET NAME COMMITTEE: ~~ (J P~u ~ ~~ `1 , ~/~~ CENTRAL DISTRICT HEALTH: r SS Cj ~ v -~'1 ~~ NAMPA MERIDIAN IRRIGATION: ~~ ~~(/~~ ~J~~~i ~ ~d,,,~l ~ ~~~ SETTLERS IRRIGATION: ~ (~~ ~ ~ ~ ~J I G (~/ IDAHO POWER: ~ ~ , ~,~ J ~" US WEST: ~ ~ ~ ~ ~~ ~ I`~ ~t`~- iNTERMOUNTAIN GAS: ~~'' S ~, I ~~ BUREAU OF RECLAMATION: ~ n ~,~