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Lotspeich, Carol AZf1 r~ i ~ + 1~~ yr~ ( ~ O~ ,y ~~~i ,// 1, /~ l ~~ r ~! ORDINANCE NO. 696 ~: --- u:,...- - ~J~ .~ AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND .Z.ON~NG.CERTAIN... REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LA~~ ~ LOOTED- IN - ~ -i GOVERNMENT LOT 1 OF SECTION 19, TOWNSHIP 3 NORTH, .RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. --- WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is described in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: A parcel of land located in Government Lot 1 of Section 19, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho and being more particularly described as follows: BEGINNING at a brass cap monument marking the northwest corner of said Government Lot 1, from which an aluminum cap monument marking the one-quarter corner common to Sections 18 and 19 bears N 89°43'43" E a distance of 2444.15 feet; thence N 89°43'43" E along the northerly boundary of said Government Lot 1, a distance of 203.60 feet to a point on the centerline of the Ten Mile Drain; thence leaving said northerly boundary and along said centerline the following described courses: thence S 17°38'40" E a distance of 1286.67 feet to a point; thence S 33°38'22" E a distance of 116.09 feet (of record as 116.13 feet) to a point on the southerly boundary of said Government Lot 1; thence leaving said centerline S 89°44'16" W along said southerly boundary a distance of 672.39 feet to a point on the westerly boundary of said Government Lot 1; thence N 0°37'33" E along said westerly boundary a distance of 1324.98 feet to the POINT OF BEGINNING. ANNE7LATION ORDINANCE - LOTSPEICH/C-G Page 1 is hereby annexed to the City of Meridian, and shall be zoned C-G General Retail and Service Commercial; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for annexation and zoning. Section 2. That the property shall be subject to de- annexation if the owner shall not meet the following requirements: a. That the Applicant will be required to connect to Meridian water and sewer at his expense and resolve how the water and sewer mains will serve the land. b. That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. c. 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 prior to the issuance of any building permit or plat approval which ever comes first; that the development agreement shall address inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, K, and L of the Revised and Compiled Ordinances of the City of Meridian and other matters; that the property may be de-annexed if the terms and conditions of the Development Agreement are not satisfied. d. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, 11-9-605 M. which pertains to the tiling of ditches and waterways, and 11-9-606 B 14. which pertains to pressurized irrigation. e. That these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. f. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the City of Meridian, which include that the property must be developed as a Planned Commercial Development or under the conditional use permit process. ANNEXATION ORDINANCE - LOTSPEICH/C-G Page 2 Sid ~- DI n Meridian City Council February 21, 1995 Page 9 pertaining to the tiling of the ditch tonight, the rest 1 have got some complaints and so forth as you can well see. I would like to do that but I think that you have enough on the agenda tonight to probably get to 11:00 or 12:00 tonight. As far as the tiling of the ditch, I am against it, it isn't needed, safety wise it is needed because it is private property. (Inaudible) Kingsford: I would probably take a little exception to the private property because kids drown that yet don't know how to read and so we have some real concern about that. Fors: Let me make this statement here, the guy that lives along the east end of my property on the east and south end of my property I talked to him Sunday in fact. He has 2 little kids, and he doesn't want to the it and I said why don't you come up here and testify. He said well, typical homeowner. Kingsford: Of course that got to be our decision of making it 48, if it is a larger ditch you get more safety problems from the inlet structure and that holding a person in. Of course that is our basis for the 48 inch. Fors: There are other places of course in town here that you have real big problems on safety because you have some tiling done and there is no safety precautions here. So, I kind of think, well let's leave it at that. Kingsford: What we had gentleman was a continued hearing, I think it is appropriate that you have findings of fact and conclusions of law prepared. Morrow. Mr. Mayor I move that we instruct the City Attorney to prepare findings of fact and conclusions of law for the variance request for the Landing Subdivision No. 7. Tolsma: Second Kingsford: Moved by Walt, second by Ron to have findings of fact and conclusions of law prepared for the variance request for The Landing No. 7 Subdivision, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING REQUEST BY CAROL LOTSPEICH: Kingsford: You have reviewed those findings. Meridian City Council February 21, 1995 Page 10 r~ Morrow. Mr. Mayor, I would move that the City Council hereby adopt and approve these findings of fact and conclusions of law as written. Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve of the findings of fact and conclusions of law as written, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea Kingsford: Is there a motion on the decision? Morrow. Mr. Mayor, I would move that the City Council, that the application set forth 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 or assigns enters into a development agreement prior to the issuance of a building permit for final plat whichever comes first and that the property only be developed as a commercial planned development or under the conditional use process. That if the applicant is not agreeable with these findings of fact and conclusions and is not agreeable with entering into the development agreement the property should not be annexed. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve of the decision, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Counselor, do we need a motion then to have the attorney prepare the. Crookston: I think that is appropriate but I think we need the indication from Mrs. Lotspeich that she is in agreement with the findings. (Inaudible) Kingsford: Entertain a motion to have the City Attorney prepare an ordinance zoning and annexing the property. Yerrington: So moved Meridian City Council February 21, 1995 Page 11 Corrie: Second Kingsford: Moved by Max, second by Bob to have the City Attorney prepare an ordinance annexing and zoning. Crookston: Just for the record would you state your name? (Inaudible) Crookston: And you relation to Mrs. Lotspeich? (Inaudible) Crookston: Thank you. Kingsford: All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST BY ROBERT TRUAX: Kingsford: Council reviewed those findings. Tolsma: Mr. Mayor I move we approve the findings of fact and conclusions of law for Robert Truax variance. Yerrington: Second Kingsford: Moved by Ron, second by Max to approve of the findings of fact and conclusions of law for Robert Truax, roll call vote. ROLL CALL VOTE: Corrie -Yea, Tolsma -Yea, Yerrington -Yea, Morrow -Yea MOTION CARRIED: All Yea Kingsford: Is there a motion on the decision? Tolsma: Mr. Mayor, I would move that we approve the decision as it is set forth in the findings of fact. It was decided the application for a variance of the lot frontage at building setback and (inaudible) for Fenway Park Subdivision No. 3 was platted and approved for MERIDIAN CITY COUNCIL MEETING: FEBRUARY 21 1995 APPLICANT: CAROL LOTSPEICH ITEM NUMBER; 4 REQUEST; ANNEXATION AND ZONING AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: COMMENTS AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW s C`~~ l~~' ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: r~v~ ~~FV ~,~~ ~~r~ `~FrvP~ ~~.v ~` ~' ~'' ~r~ ~~„ ~~~~ r~ OTHER: C~Oo pST BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION CAROL LOTSPEICH OUEENSLAND ACRES, INC. APPLICATION FOR ANNEXATION AND ZONING SOUTHEAST CORNER OF OVERLAND AND MERIDIAN ROAD MERIDIAN, IDAHO AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on December 13, 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 a representative, Tim Burgess, and having duly considered the matter, the Planning and Zoning Commission makes the following: AMENDED 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 December 13, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the December 13, 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 AMENDED FINDINGS AND CONCLUSIONS - LOTSPEICH Page 1 ~ ~ reference is incorporated herein. 3. That the property is presently zoned by Ada County as R-T and is used for farming; that the Applicant requests that the property be zoned C-G, General Retail and Service Commercial; that no specific use for the property was presented. 4. That the property is adjacent on two sides and kitty- corner, to property zoned commercial; that there is residential development along the easterly boundary across Ten Mile Creek and residential development along the southerly boundary. 5. That Carol Lotspeich is the Applicant; that Applicant does ,own the land; that the land was originally owned by Truman and Doris Scott and they are deceased; that Carol Lotspeich and Theron G. Scott are their children and they have consented to the application and have requested this annexation and zoning and the application is not at the request of the City of Meridian. 6. Ada County Highway District (ACHD) submitted comments and such are incorporated herein as if set forth in full. 7. That Bruce Freckleton, Assistant to the City Engineer, submitted comments; that the legal description supplied with this application doesn't include 1/2 of the Right-of-Way of Overland Road or Meridian Road; that a new legal description needs to be submitted pursuant to Meridian City Resolution No. 158 that includes said Rights-of-Way. 8. That Planning and Zoning Director, Shari Stiles submitted comments; that the Applicant should enter into a development agreement with the City; that twenty-foot (20') planting strips are AMENDED FINDINGS AND CONCLUSIONS - LOTSPEICH Page 2 required adjacent to residential development; that the Meridian Comprehensive Plan calls for a pathway along Ten Mile Creek and a 35 foot landscape setback along Overland Road and Meridian Road; sidewalks well be required along Meridian Road and Overland Road at the time of development; that any development shall be subject to conditional use permit procedures to ensure that the goals of Meridian Comprehensive Plan and City Ordinances are met. 9. The Meridian Police and Fire Department Departments submitted comments as did the Central District Health Department, and Nampa Meridian Irrigation District; that all such comments are incorporated herein as if set forth in full. 10. Tim Burgess stated that the Applicants do not own the 144 foot parcel between this piece of property and Calderwood Drive; that that portion has a residential dwelling unit on it and the residents have indicated their desire to cooperate with the Applicant's in whatever is done with the property. 11. That a letter was submitted to the Commission from Steve Anderson, Vice President of Running Brook Estates, Inc., commenting that they would like to have input with regards to the buildings and landscaping that will be along the Ten Mile Creek as to how it will effect Running Brook Estates Subdivision. 12. That Sherry Rock testified as to some concerns regarding the commercial zoning and whether or not notification would have to be made to the neighborhood before the property was developed. 13. That Lance Peterson testified regarding the commercial zoning; that he is against it; that the piece of property is too AMENDED FINDINGS AND CONCLUSIONS - LOTSPEICH Page 3 application is within the Area of Impact of the City of Meridian. 17. 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 and in the Meridian Area of Impact. 18. That the property can be physically serviced with City water and sewer. 19. 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. 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 AMENDED FINDINGS AND CONCLUSIONS - LOTSPEICH Page 5 n /"~ of the community are met, while at the same time providing for the efficient use of such lands. B. Under LAND. USE, Mixed-Use Areas Adjacent to I-84, Overland Road and Franklin Road, Page 28. 5.6 The development of a variety of compatible land uses should be provided in specific plans and proposals for future development. 5.8 Development in these areas should be based on functional plans and proposals in order to ensure that the proposed uses conform to the Comprehensive Plan policies and are compatible with the surrounding neighborhoods. 5.9 The integrity and identity of any adjoining residential neighborhood should be preserved through the use of buffering techniques, including screen plantings, open space and other landscaping techniques. 5.10 Development should be conducted under Planned Unit Development procedures and as conditional uses, especially when two or more differing uses are proposed. 5.11 The character, site improvements, and type of development should be harmonized with previously- developed land in the area, and where located adjacent to or near any existing residence or residential area, shall be harmonized with residential uses, and all reasonable efforts shall be made to reduce the environmental impact on residential areas, including noise and traffic reduction. 5.12 Strip development within this mixed-use area is not in compliance with the goals and policies of the Comprehensive Plan. 5.13 Clustering of uses and controlled access points along arterials and collector streets will be required. 5.14U Because these areas are near I-84, Franklin and Overland Roads, high-quality visual appearance is essential. All development proposals in this area AMENDED FINDINGS AND CONCLUSIONS - LOTSPEICH Page 6 /'~ ~ will be subject to development review guidelines and conditional use permitting procedures. 5.15U The -mixed-use area in the vicinity _of the Overland Road/Franklin Road/ Eagle Road/I-84 interchange is a priority development area. C. Under TRANSPORTATION, Page 42 and 72 a. Overland Road east of Linder Road and Meridian Road are listed as Minor Arterials and as Entryway Corridors. D. Under COMMUNITY DESIGN, Policies, at Page 73 1. Entrance Corridors Goal Statement - Promote, encourage, develop and maintain aesthetically pleasing approaches to the City of Meridian. 2. Policies, a. 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. 20. That in the Rural Area section of the Comprehensive Plan, Land Use, Rural Areas, page 29, 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." 21. That Section 6.3, of the LAND USE section of the Comprehensive Plan, states that land in agricultural activity AMENDED FINDINGS AND CONCLUSIONS - LOTSPEICH Page 7 /'1 /'~ should so remain in agricultural activity until urban services (municipal sewer and water facilities) can be provided. 22. 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." 23. That the property is included within an area designated on the Generalized Land Use Map in the Meridian Comprehensive Plan. as a 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: J~C-G1 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 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 AMENDED FINDINGS AND CONCLUSIONS - LOTSPEICH Page 8 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." 26. That under 11-2-409, ZONING SCHEDULE OF USE- 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. 27. 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 AMENDED FINDINGS AND CONCLUSIONS - LOTSPEICH Page 9 n ~. 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 these annexation, zoning 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, 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 AMENDED FINDINGS AND CONCLUSIONS - LOTSPEICH Page 10 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. 10. That the Applicant stated no proposed use of the property and therefore it cannot be determined if the use would be in compliance with the Comprehensive Plan, however any uses would have to comply with the Zoning Ordinance. 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 as 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 AMENDED FINDINGS AND CONCLUSIONS - LOTSPEICH Page 11 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, Page 28, Mixed-Use Area at Locust Grove Road and Fairview Avenue, in 5.10, states that all development should be conducted under Planned Unit Development procedures and as conditional uses 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, AMENDED FINDINGS AND CONCLUSIONS - LOTSPEICH Page 12 n 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. 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 plats. 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 AMENDED FINDINGS AND CONCLUSIONS - LOTSPEICH Page 13 /1 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. Traffic plans and access into and out of any development. 14. 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. ."; it is concluded, however, that it is more appropriate for a development agreement to be entered into when plans for development are better known and therefore as a condition of annexation a development agreement must be entered into prior to issuance of a building permit or prior to plat approval, which ever comes first. 18. That it is concluded that the annexing and zoning of the property is in the best interests of the City of Meridian, and it is concluded that the annexation shall be conditioned on meeting the requirements of these Findings of Fact, particularly paragraphs AMENDED FINDINGS AND CONCLUSIONS - LOTSPEICH Page 14 ~ ~ 17 and 20, and Conclusions of Law and if they are not met the land may be de-annexed. 19. That the requirements of the 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 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, and it shall only be developed as a commercial planned development or under the conditional use process. 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. AMENDED FINDINGS AND CONCLUSIONS - LOTSPEICH Page 15 24. That if these conditions of approval are not met, the property shall not be annexed or if already annexed, it shall be de-annexed. APPROVAL OF AMENDED FINDINGS OF FACT AND CONCLUSIONS 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 VOTED 'COMMISSIONER ROUNTREE VOTED COMMISSIONER SHEARER VOTED COMMISSIONER ALIDJANI VOTED CHAIRMAN JOHNSON (TIE BREAKER) VOTED RECOI~II~IENDATION 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, or assigns, enters into a development agreement. prior issuance of a building permit or final plat, which ever comes first and that the property only be developed as a commercial planned development or under the conditional use process; 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: AMENDED FINDINGS AND CONCLUSIONS - LOTSPEICH Page 16 /~ APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions this ~ day of 9'~ ' , 1994. COUNCILMAN MORROW COUNCILMAN YERRINGTON COUNCILMAN CORRIE COUNCILMAN TOLSMA MAYOR KINGSFORD (TIE BREAKER) (INITIAL) APPROVED,~~~~~ VOTED VOTED VOTED VOTED VOTED DISAPPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Meridian City Council February 7, 1995 Page 28 enter into development agreements or that the land be de-annexed, that if the applicant is not agreeable to these findings of fact and conclusions of law and is not agreeable with entering into a development agreement the property should not be annexed. Yerrington: Second Kingsford: Moved by Ron, second by Max to approve of the decision, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Entertain a motion to have the City Attorney prepare annexation and zoning ordinance. Morrow. So moved Tolsma: Second Kingsford: Moved by Walt, second by Ron to have the City Attorney prepare annexation and zoning ordinance, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Mr. Baxter those findings of fact and conclusions and the decision can be secured from Mr. Berg in the morning if you want to review those. I think you are familiar with that and the development agreement that they were talking about. ITEM #14: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING BY CAROL LOTSPEICH: Kingsford: At this time I will open that public hearing and invite the owner or her designee to speak first. Carol Lotspeich, 1032 East Cayman, was sworn by the City Attorney. Lotspeich: We are requesting this property be annexed and rezoned to C-G, this request is consistent with the current comprehensive plan. Kingsford: Any questions for Ms. Lotspeich? Okay, anyone else from the public that would like to offer. testimony on this issue? Meridian City Council February 7, 1995 Page 29 Sherry Rock, 52 West Davenport, was sworn by the City Attorney. Rock: I want to thank you all, this has been better than Johnny Carson tonight. I do want to thank you too. After living 6 months in the famous Elk Run subdivision how concerned you were with another sub development because there are so many unhappy ones in ours that it is good to know that the Councilmen do think about all the issues involved and weigh them. I was very impressed with Mr. Morrow and his concern because it is defiantly a concern. I think too many times the subdivisions get approved so far and then they are snowballing and then everything is left behind and they are trying to hurry and fix it. I think that is what we have sort of got into and we are very disappointed in that situation. But I would like to know what is planned for this property. I think as people that live close to this area we have a right possibly at this time to know what is planned for this, if they are going to change the zoning to commercial. There is a new subdivision if it is going to be zoned commercial or anything commercially intended I think it should be considered that our subdivision, the one across the street is it Willow Run or Running Brook all of those houses on that creek has not been built yet. Some are spec homes and until all those people that are buying those homes I think also have the right to voice their opinion on what is going to be built on there. Not only us but them also. So 1 would like to know what is intended for this property. I think as people that live in this area have a right to know what is intended for this property. Is that fair? Kingsford: That is the intent of the public hearing. Anyone else from the public? Lance Peterson, 1943 South Gull Cove, was sworn by the City Attorney. Peterson: I would just like to say that I am against having this zoned commercial, mainly for the fact that it is too large a piece of property, too close to the residences nearby. It could become something like a truck stop or a car lot that is just too big and noisy and polluting for the neighbors. I would suggest maybe rezone the first 1 /2 acre or acre on the comer of Overland and Meridian maybe for commercial and the rest something else, not the entire 11 acres. That is all I have. Kingsford: Anyone else from the public? Cindy Peterson, 1943 South Gull Cove, was sworn by the City Attorney. Peterson: I just want to point out to Mr. Morrow and Mr. Yerrington and also Mr. Tolsma that if there was a commercial development going in within 150 yards of your own home I think you would want to know what was going in there also. When you do review this I want you to think of what you would want within 150 yards of your own home. This is our very first home and we are very excited to be here and it is very important to me what my Meridian City Council February 7, 1995 Page 30 neighborhood becomes. Thank you. /'~ Dan Albach, 1674 Country Terrace Way, was sworn by the City Attorney. Albach: My concerns are the same as the rest, I don't mind the commercial zoning so much as I would the activity that would be involved specifically with a truck stop sort of activity. The noise and the confusion that would cause at that intersection would just be horrendous, we have already got a gas station, a little country store that is commercial. They are building a Texaco, so there are 2 gas pumps or facilities, if you go in and put in another larger facility that would be something to do with diesel I really, 1 am sure everybody with the noise and the other obvious things that come with a truck stop would be adamantly against it. So, the zoning as far as commercial would be okay if it doesn't involve that kind of an activity. Thank you. Kingsford: Just for your information, there is worse news yet, the northeast corner of that intersection is also zoned for and owned by a gas station. Travis Irons, 1997 Gull Cove, was sworn by the City Attorney. Irons: I noticed that you said that the request for the change in zoning went along with the Meridian Comprehensive Plan, but I was looking at the map and the majority of the bulk of the property is actually on the comprehensive plan is planned for single family residential. The northern most portion is the only section designated as commercial. I was also reading from the Meridian Ordinance book, it is section 2-416 paragraph K, the part that states general standards (inaudible) zoning amendments, I don't know if you want me to read the points to you or not, but it is #1, 4, 5, 6, 9 and 12, all o~ them. Number 1 stating of course that the zoning must be harmonious to the comprehensive plan and number 4 stating that if there has been a change in the area that requires rezoning which I don't believe that there has been a change requiring rezoning. Number 5 states will the purpose be design, constructed, operated and maintained to be harmonious in purpose with the appearance of the existing (inaudible) character of the general vicinity. Well the general vicinity is mostly residential growing more residential all the time. With both Elk Run Subdivision No. 1 and 2 and Country Terrace and 1 believe it is Country Terrace No. 2 right behind it. Also, I am concerned with the amount of light that is going to be created by a large gas station type structure as well as noise and air pollution. That is about all I have. Kingsford: Any questions for Travis? Anyone else from the public? Tim Alexander, 1928 South Gull Cove, was sworn by the City Attorney. Meridian City Council February 7, 1995 Page 31 /'~ Alexander: 1 basically have the same concerns as everybody else. Our house backs up to Meridian Kuna Road, the first house in the subdivision. If that is zoned commercial one of our major thoughts is what will that do to our property value. Obviously it would decrease it. The second one is such truck stops, the noise, the pollution, the lighting, I don't so much mind the commercial zoning, I think it would just depend on what it was. That is all I have to say, thank you. Kingsford: I have to go back and jog my memory, I don't remember this truck stop was a big issue. I read through the findings that, I don't believe you have stated any intent for that. (Inaudible) Kingsford: I am letting this get a little out of hand, my apologies the public hearing is still open is anyone else still interested in giving testimony? Okay, I will close the public hearing, at issue and I think that it might be worth while to read the Planning Directors comment on this, I think maybe we will get some assurance to the neighbors. Due to the fact that the development plans are unknown at this time I recommend that the property be annexed and zoned but the development be subject to a conditional use procedure to ensure the goals of the Meridian Comprehensive Plan and the City Ordinances be met and that adjacent property owners be notified of the development plans and all agencies have the opportunity to comment. One of the gentlemen talked about the issue of changing the zone, that would be a must for it to be annexed, we don't have the same zones as the County currently it is in the County. And in difference to what you said I am pretty sure that our Comprehensive Plan all of this property lies within that commercial request under our Comprehensive Plan. I could be wrong but I am just confident that is correct. Morrow: Read the first paragraph of Shari's comments, she alludes to that is part of (inaudible). Kingsford: Okay, also in her letter this parcel is of land is identified in the Comprehensive Plan as being part commercial and part single family residential, the owner of this property is desirous of annexation and zoning to make a sale of the land more attractive and feasible. The applicant should enter into a development agreement with the City. Twenty foot planting strips are required adjacent to residential development, the Meridian Comprehensive Plan calls for pathway along Ten Mile Creek and 35 foot landscape setback along Overland Road and Meridian Road. Sidewalks will be required along Meridian Road and Overland Road at the time of development in accordance with City policy. So again some assurances as to what our ordinances require. There were a lot of questions and I can certainly appreciate that, we have the same thing when there is no use designated in advance it is property that has sat vacant for a long while and is something Meridian City Council February 7, 1995 Page 32 of a hazard in terms of weeds and so forth. But there is a request before us on annexing it to the City and with that particular zone, now having closed the public hearing and those wonderful comments that I have just described if anyone else would like to offer any I would re-open it if you wanted to make further comment. Morrow. Mr. Mayor would this be the appropriate time to have Ms. Lotspeich maybe reply to the comments or the issues that have been raised? Kingsford: I don't know that she could, I think that they were all geared around something that she is not prepared to answer at this time not knowing what will be there. She is interested in selling the property and until there is a perspective buyer I think the conditions that Shari has recommended are certainly conditions that what I have heard everybody express might be very well able to live with. I think that would address the lighting issue, you are going to have a chance to shoot this again when actual development does come in. Morrow. Well, the other thing that might be helpful is for you folks is on the findings of fact and conclusions of law there are some 15 pages typed written pages that addresses what the facts are and what the conclusions were that were drawn by (End of Tape) and by the City Attorney and those things incorporate the concerns of our Planning and Zoning director. Kingsford: And also some of those concerns that you folks aired at the Planning and Zoning public hearing as well. Morrow. And unfortunately we can't make those public until we adopt them, it is kind of a catch 22 situation. Tolsma: (Inaudible) the way the planning and zoning has, or the findings of fact and conclusions of law have been written that (inaudible) have been addressed basically in the findings and there is a lot of protection involved in these findings for the people that have voiced their concerns here tonight. Kingsford: Having read those a while back Counselor, did you hear any substantially different testimony tonight that should be adopted? Crookston: You have probably read them more recently than I have. Kingsford: The one thing that I can't remember that was in there was with regard to this gentleman question about it being in 2 areas and I do stand corrected according to Shari, her letter does state that part of it is designed to be residential and so I stand corrected .-~ Meridian City Council February 7, 1995 Page 33 on your comment. /'t Crookston: I don't specifically recall the Planning and Zoning meeting, but this indicates that only Sherry Rock testimony was addressed. Kingsford: Was that testimony different than what we heard is the issue is it not? Crookston: She stated the same thing basically that she stated before Planning and Zoning. The other concerns are very similar to what she stated, I don't think it is necessarily appropriate, it may be appropriate but it is not mandatory that you change the findings. Kingsford: Well, what is your recommendation? Crookston: I would recommend that we amend the findings to add testimony that was stated. Kingsford: But would you say that if you weren't getting however many dollars an hour? Crookston: Well I would say it more willingly if I got a substantial increase. Morrow. So moved Tolsma: Second Kingsford: Moved by Walt, second by Ron to have the City Attorney prepare amended findings and conclusions, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Those will then be considered at the next meeting, they will incorporate the testimony that was given additional this evening. I guess lighting was an issue and there were some other points, those will be considered then by the Council at the next meeting and if adopted they will be made public to everyone with interest. Thank you much. ITEM #15: PUBLIC HEARING: REQUEST FOR A VARIANCE TO THE LOT FRONTAGE AT BUILDING SETBACK BY ROBERT TRUAX: Kingsford: At this time I will open the public hearing and invite Mr. Truax or his designee to speak first. /'~ MERIDIAN CITY COUNCIL MEETING: FEBRUARY 7 1995 APPLICANT: CAROL LOTSPEICH ITEM NUMBER; 14 REQUEST; REQUEST FOR ANNEXATION AND ZONING AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NA111~A MERIDIAN IRRIGATION; SETTLERS IRRIGATION: COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS IDAHO POWER: .,~~ US WEST: ~1 INTERMOUNTAIN GAS: ~ ~~~ ~~' - U' BUREAU OF RECLAMATION: 1 ~ ~ ~~ ~~ C~ -~ ~~ OTHER: ~G i ~. ~~ ~ ~~ ~~ ~~ ~ ~~ ~ ~ ~~ ° ~~`~ ~ ~ a ~' ~~ ~ ~~ ~ ~ ~,~ ~ ~~~ OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Waler Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM: From; Bruce Freckleton, Assistant to City Engineer HUB OF TREASURE VALLEY n A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 88711813 Public Works/Building Department (208) 887-221 I GRANT P. KINGSFORD Mayor To; Mayor, City Council, Planning & Zoning Re; QUEENLAND ACRES (Carol Lotspeich) (Request for Annexation and Zoning) COUNCIL MEMBERS RONALD R. TOLSMA MAkYERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman -Planning & Zoning December 9, 1994 I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the applicant during the hearing process: 1. The legal description supplied with this application doesn't include 1/2 of the Right-of- Way of Overland Rid or Meridian Road {Hwy 69). Please submit a new legal description, per Meridian City Resolution No.158, that includes said Rights-of--Way. C: \WPW IN60\GENERAL\QUEENLND. P&Z OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM TO: Planning & Zoning Com 'Sion, Mayor and Council ~~ FROM: Shari L. Stiles, Planning Zoning Administrator DATE: December 9, 1994 SUBJECT: Annexation and Zoning of C-G for Carol Lotspeich COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman -Planning 8 Zoning This parcel of land is identified in the Comprehensive Plan as being part commercial and part single-family residential. The owner of this property is desirous of annexation and zoning to make the sale of the land more attractive and. feasible. The Applicant should enter into a development agreement with the City. Twenty-foot (20') planting strips are required adjacent to residential development. Meridian Comprehensive Plan calls for a pathway along Ten Mile Creek and 35' landscape setbacks along Overland Road and Meridian Road. Sidewalks will be required along Meridian Road and Overland Road at the time of development in accordance with City policy. Due to the fact that development plans are unknown at this time, I recommend that the property be annexed and zoned but that any development be subject to conditional use permit procedures to ensure goals of Meridian Comprehensive Plan and City Ordinances are met, that adjacent property owners are notified of development plans, and all agencies have an opportunity to offer comments. BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION CAROL LOTSPEICH OUEENSLAND ACRES, INC. APPLICATION FOR ANNEXATION AND ZONING SOUTHEAST CORNER OF OVERLAND AND MERIDIAN ROAD MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on December 13, 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 a representative, Tim Burgess, 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 December 13, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the December 13, 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 - LOTSPEICH Page 1 -- - - 13. That there were no other comments by the public regarding r-~ n Overland Roads, high-quality visual appearance is essential. All development proposals in this area will be subject to development review guidelines and conditional use permitting procedures. 5.15U The mixed-use area in the vicinity of the Overland Road/Franklin Road/ Eagle Road/I-84 interchange is a priority development area. C. Under TRANSPORTATION, Page 42 and 72 a. Overland Road east of Linder Road and Meridian Road are listed as Minor Arterials and as Entryway Corridors. D. Under COMMUNITY DESIGN, Policies, at Page 73 1. Entrance Corridors Goal Statement - Promote, encourage, develop and maintain aesthetically pleasing approaches to the City of Meridian. 2. Policies, a. 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. 18. That in the Rural Area section of the Comprehensive Plan, Land Use, Rural Areas, page 29, 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." 19. That Section 6.3, of the LAND USE section of the FINDINGS OF FACT AND CONCLUSIONS OF LAW - LOTSPEICH Page 6 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. 20. 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." 21. That the property is included within an area designated on the Generalized Land Use Map in the Meridian Comprehensive Plan as a Mixed/Planed Use Development area. 22. 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-G1 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. 23. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - LOTSPEICH Page 7 ~ ~ 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." 24. That under 11-2-409, ZONING SCHEDULE OF USE 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. 25. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - LOTSPEICH Page 8 ~ ~ 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 these annexation, zoning 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, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - LOTSPEICH Page 9 ~ /', 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. 10. That the Applicant stated no proposed use of the property and therefore it cannot be determined if the use would be in compliance with the Comprehensive Plan, however any uses would have to comply with the Zoning Ordinance. 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 as to development, which is of concern to the Commission; it is therefore concluded, as a condition of annexation and zoning, that FINDINGS OF FACT AND CONCLUSIONS OF LAW - LOTSPEICH Page 10 n /'~ 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, Page 28, Mixed-Use Area at Locust Grove Road and Fairview Avenue, in 5.10, states that all development should be conducted under Planned Unit Development procedures and as conditional uses 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - LOTSPEICH Page 11 ~. /'~ 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. 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 plats. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - LOTSPEICH Page 12 /'~ /'~ 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. Traffic plans and access into and out of any development. 14. 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. ."; it is concluded, however, that it is more appropriate for a development agreement to be entered into when plans for development are better known and therefore as a condition of annexation a development agreement must be entered into prior to issuance of a building permit or prior to plat approval, which ever comes first. 18. That it is concluded that the annexing and zoning of the property is in the best interests of the City of Meridian, and it is concluded that the annexation shall be conditioned on meeting the requirements of these Findings of Fact, particularly paragraphs FINDINGS OF FACT AND CONCLUSIONS OF LAW - LOTSPEICH Page 13 n /'~ 17 and 20, and Conclusions of Law and if they are not met the land may be de-annexed. 19. That the requirements of the 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 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, and it shall only be developed as a commercial planned development or under the conditional use process. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - LOTSPEICH Page 14 n 24. That if these conditions of approval are not met, the property shall not be annexed or if already annexed, it shall be de-annexed. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission of the City Council of Meridian hereby adopts and approves these Findings of Fact and Conclusions. i ROLL CALL COMMISSIONER HEPPER VOTED COMMISSIONER ROUNTREE VOTED COMMISSIONER SHEARER VOTED COMMISSIONER ALIDJANI VOTED CHAIRMAN JOHNSON (TIE BREAKER) VOTED~~~~~J~ RECOI~IENDAT I 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, or assigns, enters into a development agreement prior issuance of a building permit or final plat, which ever comes first and that the property only be developed as a commercial planned development or under the conditional use process; 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: Z DISAPPROVED: I FINDINGS OF FACT AND CONCLUSIONS OF LAW - LOTSPEICH Page 15 ~. /'~ HUB OF TREASURE VALLEY OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS. City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON R08ERT 0. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman -Planning 8 Zoning TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8t. Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: December 6 1994 - TRANSMITTAL DATE: 11/21/94 HEARING DATE: 12/13/94 REQUEST: A nexat'on a onin Re ue t BY: Carol of eic LOCATION OF PROPERTY OR PROJECT: Southeast corner of the intersection of e 'di o a d verlan Road JIM JOHNSON, P2 MOE ALIDJANI, P/Z JIM SHEARER, P/Z -CHARLES ROUNTREE, P/Z ,_T1M HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C -WALT MORROW, C/C MAX YERRINGTON, C/C -WATER DEPARTMENT -SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT ~C POLICE DEPARTMENT -CITY ATTORNEY -CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8t FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF REC TI (PRELIM 8~ FINAL PLAT) CITY FILES OTHER: YOUR CONCISE RE ~~~~ NOV 2 2 1~9~ A Good Place to Live CITY QF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887.813 Public Works/Building Department (208) 887-2211 OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH. P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GOROON, Police Chief WAYNE G. CROOKSTON, JR., Attorney GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAk VERRINGTON ROBERT D. CORR!E WALT W. MORROW SHARI STILES Planner 8 Zoning AOministracor JIM JOHNSON Chairman -Planning & Zoning TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 81: Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: December 6 1994 TRANSMITTAL DATE: 11/21/94 HEARING DATE: 12/13/94 REQUEST: Annex tion a onin Re uest BY: Carol ots Bich LOCATION OF PROPERTY OR PROJECT: Southeast corner of the intersection of eri i n a nd verlan Raad JIM JOHNSON, P2 MOE ALIDJANI, P/Z JIM SHEARER, P2 -CHARLES ROUNTREE, P/Z -TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C -MAX YERRINGTON, C/C -WATER DEPARTMENT -SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT -POLICE DEPARTMENT CITY ATTORNEY -CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8t FINAL PLA ,._ ADA COUNTY HIGHWAY DISTRICT ~~~ ~~F; ~ - ADA PLANNING ASSOCIATION a ~: a CENTRAL DISTRICT HEALTH ~=a't~ ~ ~ ~~='~"1 NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT Cl ~ ~ ~ ~~ i<¢.g':~ss °' ~' IDAHO POWER CO.(PRELIM 8 FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) CITY FILES ~` ~ (~~~`-!/ OTHER: f -" YOUR CONCISE REMARKS: W ~ ~ ~'i N ~- u-9 ~ t ~I dP ~ t ! /R- v F2 E f ~ ~ HUB OF TREASURE VALLEY A Good Place to Live CITY QF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 8871813 Public Works/Building Department (208) 887-2211 ~ ~ 17 and 20, and Conclusions of Law and if they are not met the land may be de-annexed. 19. That the requirements of the 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 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, and it shall only be developed as a commercial planned development or under the conditional use process. 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. AMENDED FINDINGS AND CONCLUSIONS - LOTSPEICH Page 15 /'~ 24. That if these conditions of approval are not met, the property shall not be annexed or if already annexed, it shall be de-annexed. APPROVAL OF AMENDED FINDINGS OF FACT AND CONCLUSIONS 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 VOTED 'COMMISSIONER ROUNTREE VOTED COMMISSIONER SHEARER VOTED COMMISSIONER ALIDJANI VOTED CHAIRMAN JOHNSON (TIE BREAKER) VOTED RECOl~IENDATION 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, or assigns, enters into a development agreement prior issuance of a building permit or final plat, which ever comes first and that the property only be developed as a commercial planned development or under the conditional use process; 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: AMENDED FINDINGS AND CONCLUSIONS - LOTSPEICH Page 16 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions this ~ day of B"~ ' , 1994. COUNCILMAN MORROW COUNCILMAN YERRINGTON VOTED COUNCILMAN CORRIE COUNCILMAN TOLSMA MAYOR KINGSFORD (TIE BREAKER) (INITIAL) APPROVED~~~~~ VOTED VOTED VOTED " DISAPPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Meridian City Council February 7, 1995 Page 28 enter into development agreements or that the land be de-annexed, that if the applicant is not agreeable to these findings of fact and conclusions of law and is not agreeable with entering into a development agreement the property should not be annexed. Yerrington: Second Kingsford: Moved by Ron, second by Max to approve of the decision, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Entertain a motion to have the City Attorney prepare annexation and zoning ordinance. Morrow: So moved Tolsma: Second Kingsford: Moved by Walt, second by Ron to have the City Attorney prepare annexation and zoning ordinance, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Mr. Baxter those findings of fact and conclusions and the decision can be secured from Mr. Berg in the morning if you want to review those. I think you are familiar with that and the development agreement that they were talking about. ITEM #14: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING BY CAROL LOTSPEICH: Kingsford: At this time I will open that public hearing and invite the owner or her designee to speak first. Carol Lotspeich, 1032 East Cayman, was sworn by the City Attorney. Lotspeich: We are requesting this property be annexed and rezoned to C-G, this request is consistent with the current comprehensive plan. Kingsford: Any questions for Ms. Lotspeich? Okay, anyone else from the public that would like to offer testimony on this issue? Meridian City Council February 7, 1995 Page 29 Sherry Rock, 52 West Davenport, was sworn by the City Attorney. Rock: I want to thank you all, this has been better than Johnny Carson tonight. I do want to thank you too. After living 6 months in the famous Elk Run subdivision how concerned you were with another sub development because there are so many unhappy ones in ours that it is good to know that the Councilmen do think about all the issues involved and weigh them. I was very impressed with Mr. Morrow and his concern because it is defiantly a concern. I think too many times the subdivisions get approved so far and then they are snowballing and then everything is left behind and they are trying to hurry and fix it. I think that is what we have sort of got into and we are very disappointed in that situation. But I would like to know what is planned for this property. I think as people that live close to this area we have a right possibly at this time to know what is planned for this, if they are going to change the zoning to commercial. There is a new subdivision if it is going to be zoned commercial or anything commercially intended I think it should be considered that our subdivision, the one across the street is it Willow Run or Running Brook all of those houses on that creek has not been built yet. Some are spec homes and until all those people that are buying those homes I think also have the right to voice their opinion on what is going to be built on there. Not only us but them also. So I would like to know what is intended for this property. I think as people that live in this area have a right to know what is intended for this property. Is that fair? Kingsford: That is the intent of the public hearing. Anyone else from the public? Lance Peterson, 1943 South Gull Cove, was sworn by the City Attorney. Peterson: I would just like to say that I am against having this zoned commercial, mainly for the fact that it is too large a piece of property, too close to the residences nearby. It could become something like a truck stop or a car lot that is just too big and noisy and polluting for the neighbors. I would suggest maybe rezone the first 1 /2 acre or acre on the comer of Overland and Meridian maybe for commercial and the rest something else, not the entire 11 acres. That is all I have. Kingsford: Anyone else from the public? Cindy Peterson, 1943 South Gull Cove, was sworn by the City Attorney. Peterson: I just want to point out to Mr. Morrow and Mr. Yerrington and also Mr. Tolsma that if there was a commercial development going in within 150 yards of your own home I think you would want to know what was going in there also. When you do review this I want you to think of what you would want within 150 yards of your own home. This is our very first home and we are very excited to be here and it is very important to me what my n Meridian City Council February 7, 1995 Page 30 neighborhood becomes. Thank you. Dan Albach, 1674 Country Terrace Way, was sworn by the City Attorney. Albach: My concerns are the same as the rest, I don't mind the commercial zoning so much as I would the activity that would be involved specifically with a truck stop sort of activity. The noise and the confusion that would cause at that intersection would just be horrendous, we have already got a gas station, a little country store that is commercial. They are building a Texaco, so there are 2 gas pumps or facilities, if you go in and put in another larger facility that would be something to do with diesel I really, I am sure everybody with the noise and the other obvious things that come with a truck stop would be adamantly against it. So, the zoning as far as commercial would be okay if it doesn't involve that kind of an activity. Thank you. Kingsford: Just for your information, there is worse news yet, the northeast corner of that intersection is also zoned for and owned by a gas station. Travis Irons, 1997 Gull Cove, was sworn by the City Attorney. Irons: I noticed that you said that the request for the change in zoning went along with the Meridian Comprehensive Plan, but I was looking at the map and the majority of the bulk of the property is actually on the comprehensive plan is planned for single family residential. The northern most portion is the only section designated as commercial. I was also reading from the Meridian Ordinance book, it is section 2-416 paragraph K, the part that states general standards (inaudible) zoning amendments, I don't know if you want me to read the points to you or not, but it is #1, 4, 5, 6, 9 and 12, all of them. Number 1 stating of course that the zoning must be harmonious to the comprehensive plan and number 4 stating that if there has been a change in the area that requires rezoning which I don't believe that there has been a change requiring rezoning. Number 5 states will the purpose be design, constructed, operated and maintained to be harmonious in purpose with the appearance of the existing (inaudible) character of the general vicinity. Well the general vicinity is mostly residential growing more residential all the time. With both Elk Run Subdivision No. 1 and 2 and Country Terrace and I believe it is Country Terrace No. 2 right behind it. Also, I am concerned with the amount of light that is going to be created by a large gas station type structure as well as noise and air pollution. That is about all I have. Kingsford: Any questions for Travis? Anyone else from the public? Tim Alexander, 1928 South Gull Cove, was sworn by the City Attorney. Meridian City Council February 7, 1995 Page 31 /'~ Alexander: I basically have the same concerns as everybody else. Our house backs up to Meridian Kuna Road, the first house in the subdivision. If that is zoned commercial one of our major thoughts is what will that do to our property value. Obviously it would decrease it. The second one is such truck stops, the noise, the pollution, the lighting, I don't so much mind the commercial zoning, I think it would just depend on what it was. That is all I have to say, thank you. Kingsford: I have to go back and jog my memory, I don't remember this truck stop was a big issue. tread through the findings that, I don't believe you have stated any intent for that. (Inaudible) Kingsford: I am letting this get a little out of hand, my apologies the public hearing is still open is anyone else still interested in giving testimony? Okay, I will close the public hearing, at issue and I think that it might be worth while to read the Planning Directors comment on this, I think maybe we will get some assurance to the neighbors. Due to the fact that the development plans are unknown at this time I recommend that the property be annexed and zoned but the development be subject to a conditional use procedure to ensure the goals of the Meridian Comprehensive Plan and the City Ordinances be met and that adjacent property owners be notified of the development plans and all agencies have the opportunity to comment. One of the gentlemen talked about the issue of changing the zone, that would be a must for it to be annexed, we don't have the same zones as the County currently it is in the County. And in difference to what you said I am pretty sure that our Comprehensive Plan all of this property lies within that commercial request under our Comprehensive Plan. I could be wrong but I am just confident that is correct. Morrow: Read the first paragraph of Shari's comments, she alludes to that is part of (inaudible). Kingsford: Okay, also in her letter this parcel is of land is identified in the Comprehensive Plan as being part commercial and part single family residential, the owner of this property is desirous of annexation and zoning to make a sale of the land more attractive and feasible. The applicant should enter into a development agreement with the City. Twenty foot planting strips are required adjacent to residential development, the Meridian Comprehensive Plan calls for pathway along Ten Mile Creek and 35 foot landscape setback along Overland Road and Meridian Road. Sidewalks will be required along Meridian Road and Overland Road at the time of development in accordance with City policy. So again some assurances as to what our ordinances require. There were a lot of questions and I can certainly appreciate that, we have the same thing when there is no use designated in advance it is property that has sat vacant for a long while and is something Meridian City Council February 7, 1995 Page 32 of a hazard in terms of weeds and so forth. But there is a request before us on annexing it to the City and with that particular zone, now having closed the public hearing and those wonderful comments that I have just described if anyone else would like to offer any I would re-open it if you wanted to make further comment. Morrow. Mr. Mayor would this be the appropriate time to have Ms. Lotspeich maybe reply to the comments or the issues that have been raised? Kingsford: I don't know that she could, I think that they were all geared around something that she is not prepared to answer at this time not knowing what will be there. She is interested in selling the property and until there is a perspective buyer I think the conditions that Shari has recommended are certainly conditions that what I have heard everybody express might be very well able to live with. I think that would address the lighting issue, you are going to have a chance to shoot this again when actual development does come in. Morrow. Well, the other thing that might be helpful is for you folks is on the findings of fact and conclusions of law there are some 15 pages typed written pages that addresses what the facts are and what the conclusions were that were drawn by (End of Tape) and by the City Attorney and those things incorporate the concerns of our Planning and Zoning director. Kingsford: And also some of those concerns that you folks aired at the Planning and Zoning public hearing as well. Morrow. And unfortunately we can't make those public until we adopt them, it is kind of a catch 22 situation. Tolsma: (Inaudible) the way the planning and zoning has, or the findings of fact and conclusions of law have been written that (inaudible) have been addressed basically in the findings and there is a lot of protection involved in these findings for the people that have voiced their concerns here tonight. Kingsford: Having read those a while back Counselor, did you hear any substantially different testimony tonight that should be adopted? Crookston: You have probably read them more recently than I have. Kingsford: The one thing that I can't remember that was in there was with regard to this gentleman question about it being in 2 areas and I do stand corrected according to Shari, her letter does state that part of it is designed to be residential and so I stand corrected /'~ Meridian City Council February 7, 1995 Page 33 on your comment. Crookston: I don't specifically recall the Planning and Zoning meeting, but this indicates that only Sherry Rock testimony was addressed. Kingsford: Was that testimony different than what we heard is the issue is it not? Crookston: She stated the same thing basically that she stated before Planning and Zoning. The other concerns are very similar to what she stated, I don't think it is necessarily appropriate, it may be appropriate but it is not mandatory that you change the findings. Kingsford: Well, what is your recommendation? Crookston: I would recommend that we amend the findings to add testimony that was stated. Kingsford: But would you say that if you weren't getting however many dollars an hour? Crookston: Well I would say it more willingly if I got a substantial increase. Morrow: So moved Tolsma: Second Kingsford: Moved by Walt, second by Ron to have the City Attorney prepare amended findings and conclusions, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Those will then be considered at the next meeting, they will incorporate the testimony that was given additional this evening. I guess lighting was an issue and there were some other points, those will be considered then by the Council at the next meeting and if adopted they will be made public to everyone with interest. Thank you much. ITEM #15: PUBLIC HEARING: REQUEST FOR A VARIANCE TO THE LOT FRONTAGE AT BUILDING SETBACK BY ROBERT TRUAX: Kingsford: At this time I will open the public hearing and invite Mr. Truax or his designee to speak first. MERIDIAN CITY COUNCIL MEETING: FEBRUARY 7 1995 APPLICANT: CAROL LOTSPEICH ITEM NUMBER; 14 REQUEST; REQUEST FOR ANNEXATION AND ZONING AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SET'1`L~RS IRRIGATION: COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS IDAHO POWER: C~~ US WEST: ~I I INTERMOUNTAIN GAS: ~ ~~~ ~~ v ,~ 1 BUREAU OF RECLAMATION: ~' ~ GP' .~ ~ 1 ~~' ~~ -~ OTHER: r G_ ~ ~, ~~ ~ ~ ~ ~~ ~r ~ ~ c~ ~ ~„~ ~' ~~~ ~ ~ 9 ~ ~~ ~ ~~ ~ ~,~, ~~ ~ ~ ~ , r ~~, ~~~ OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM: From; Bruce Freckleton, Assistant to City Engineer HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-221 l GRANT P. KINGSFORD Mayor To; Mayor, City Council, Planning & Zoning Re; QUEENLAND ACRES (Carol Lotspeich) (Request for Annexation and Zoning) COUNCIL MEMBERS RONALD R. TOLSMA MAXYERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner R Zoning Administrator JIM JOHNSON Chairman -Planning & Zoning December 9, 1994 I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the applicant during the hearing process: 1. The legal description supplied with this application doesn`t include 112 of the Right-of- Way of Overland Road or Meridian Road (Hwy 69). Please submit a new legal description, per Meridian City Resolution No.158, that includes said Rights-of--Way. C:\WPWIN60\GENERAL\QUEENLND. P&Z ~ n Overland Roads, high-quality visual appearance is essential. All development proposals in this area will be subject to development review guidelines and conditional use permitting procedures. 5.15U The mixeRoad/Franklin 1nRoad/ Eagle tyRoad/It84 Overland interchange is a priority development area. C. Under TRANSPORTATION, Page 42 and 72 a. Overland Road east of Linder Road and Meridian Road are listed as Minor Arterials and as Entryway Corridors. D. Under COMMUNITY DESIGN, Policies, at Page 73 1. Entrance Corridors Goal Statement- - Promote, encourage, develop and maintain aesthetically pleasing approaches to the City of Meridian. 2. Policies, a. 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. 18. That in the Rural Area section of the Comprehensive Plan, Land Use, Rural Areas, page 29, 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." 19. That Section 6.3, of the LAND USE section of the FINDINGS OF FACT AND CONCLUSIONS OF LAW - LOTSPEICH Page 6 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. 20. 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." 21. That the property is included within an area designated on the Generalized Land Use Map in the Meridian Comprehensive Plan as a Mixed/Planed Use Development area. 22. 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-G1 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. 23. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - LOTSPEICH Page 7 ~ ~ 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." 24. That under 11-2-409, ZONING SCHEDULE OF USE 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. 25. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - LOTSPEICH Page 8 ~ ~ 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 these annexation, zoning 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, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - LOTSPEICH Page 9 ~ /'r 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. 10. That the Applicant stated no proposed use of the property and therefore it cannot be determined if the use would be in compliance with the Comprehensive Plan, however any uses would have to comply with the Zoning Ordinance. 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 as to development, which is of concern to the Commission; it is therefore concluded, as a condition of annexation and zoning, that FINDINGS OF FACT AND CONCLUSIONS OF LAW - LOTSPEICH Page 10 ~ /"~ 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, Page 28, Mixed-Use Area at Locust Grove Road and Fairview Avenue, in 5.10, states that all development should be conducted under Planned Unit Development procedures and as conditional uses 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - LOTSPEICH Page 11 ~ /'~ 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. 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 plats. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - LOTSPEICH Page 12 n /'1 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. Traffic plans and access into and out of any development. 14. 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. ."; it is concluded, however, that it is more appropriate for a development agreement to be entered into when plans for development are better known and therefore as a condition of annexation a development agreement must be entered into prior to issuance of a building permit or prior to plat approval, which ever comes first. 18. That it is concluded that the annexing and zoning of the property is in the best interests of the City of Meridian, and it is concluded that the annexation shall be conditioned on meeting the requirements of these Findings of Fact, particularly paragraphs FINDINGS OF FACT AND CONCLUSIONS OF LAW - LOTSPEICH Page 13 ~ ^ 17 and 20, and Conclusions of Law and if they are not met the land may be de-annexed. 19. That the requirements of the 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 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, and it shall only be developed as a commercial planned development or under the conditional use process. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - LOTSPEICH Page 14 n 24. That if these conditions of approval are not met, the property shall not be annexed or if already annexed, it shall be de-annexed. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission of the City Council of Meridian hereby adopts and approves these Findings of 3 Fact and Conclusions. s ROLL CALL COMMISSIONER HEPPER VOTED COMMISSIONER ROUNTREE VOTED COMMISSIONER SHEARER VOTED COMMISSIONER ALIDJANI VOTED ~~tt CHAIRMAN JOHNSON (TIE BREAKER) VOTED~~r'G~~~~ RECOr~IIKENDATION 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, or assigns, enters into a development agreement prior issuance of a building permit or final plat, which ever comes first and that the property only be developed as a commercial planned development or under the conditional use process; 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: ~ 1 DISAPPROVED: / FINDINGS OF FACT AND CONCLUSIONS OF LAW - LOTSPEICH Page 15 ' HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk S CITY QF ME RONALD R. TOLSMA T I GARY D. SM TH P.E. City Eng Weer RIDIAN ROBER D. CORR E BRUCE D. STUART, Water Works Supt. WALT W. MORROW JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chief MERIDIAN IDAHO 83642 Planner & Zoning Administrator W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887813 JIM JOHNSON Public Works/Building Department (208) 887-2211 Chairman ~ Planning & Zoning GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: December 6, 1994 TRANSMITTAL DATE: 11/21/94 HEARING DATE: 12/13/94 REQUEST: Annexation and Zoning Request BY: Carol LotsAeich LOCATION OF PROPERTY OR PROJECT: Southeast corner of the intersection of Meridian Road and Overland Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P2 CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C _MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT ~C POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELiM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF REC TI (PRELIM 8~ FINAL PLAT) CITY FILES OTHER: YOUR CONCISE RE ~~-..~~ ~ cry ~~ ~r~~~ HUB OF TREASURE VALLEY OFFICIALS COUNCIL MEMBERS A Good Place to Live WILLIAM G.BERG,JR.,CityClerk JANICE L. GASS, City Treasurer CITY QF MERIDIA RONALD R. TOLSMA MAXVERRINGTON GARY D. SMITH, P.E. City Engineer N ROBERT D. CORR!E BRUCE D. STUART, Water Works Supt. WALT W. MORRO~Y JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chief " " MERIDIAN, IDAHO 83642 Planner & Zoning Administrator BILL W.L. GORDON, Police Chief JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888433 • FAX (208) 88713813 Chairman ~ Planning 8 Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: December 6, 1994 TRANSMITTAL DATE: 71/21/94 HEARING DATE: 12/13/94 REQUEST: Annexation and Zoning Request BY: Carol Lotspeich LOCATION OF PROPERTY OR PROJECT: Southeast corner of the intersection of Meridian Road and Overland Road JIM JOHNSON, P2 MOE ALIDJANI, P/Z JIM SHEARER, P2 -CHARLES ROUNTREE, P/Z -TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C -WALT MORROW, CIC -MAX YERRINGTON, C/C ,-WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT -POLICE DEPARTMENT -CITY ATTORNEY -CITY ENGINEER -CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLA ADA COUNTY HIGHWAY DISTRICT ~'~;,,;`~: .:. ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH ~~3 v, a~ Z ~ .F~?~y=1 NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT t;9 r ~ ~ ~' lF'Yii:dL3s~ , is IDAHO POWER CO.(PRELIM 8r FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM ~ FINAL PLAT) CITY FILES ` OTHER: ~/ -~ t`"~ YOUR CONCISE REMARKS: i C W I JZ- .t'i.U Q ta-9 a - , ~,,,~ au~ ~r^,. ~ ..~ _ ~ ~_~ ~... k,t :.., ~~ Y w .. . ~.~ GLENN J. RHODES, President SHERRY R. HUBER, Vice President JAMES E. BRUCE, Secretary December 15, 1994 TO: Queenland Acres, Carol Lotspeich 1032 East Cayman Drive Meridian ID 83642 FROM: Karen Gallaghe ator Development Ser ' SUBJECT: Meridian Annex & Zoning - S/E Corner Meridian/Overland Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on December 14, 1994. The attached staff report lists the conditions of approval and street improvements which are required. If you have any questions, please feel free to call me at 345-7680. LS cc: Development Services Chron Meridian City Hall ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 n C~'riC GLENN J. RHODES, President SHERRY R. HUBER, Vice President JAMES E. BRUCE, Secretary T0: ACHD Commission INTER-DEPARTMENT CORRESPONDENCE OVERLAND.ANN/DSTECH 12-14-94 DATE: December 9, 1994 FROM: Development Services SUBJECT: Annexation and Zoning Request S/E corner Meridian/Overland (Applicant - Queenland Acres, Carol Lotspeich, 1032 East Cayman Drive, Meridian, ID 83642) (Representative - same) FACTS & FINDINGS: 1. Queenland Acres, Inc. is seeking property at the southeast corner and Overland Road. annexation and rezone of the of Meridian Road (Highway 69) 2. GENERAL INFORMATION: LEAD AGENCY - City of Meridian ACRES - 18 ZONING - Existing: Ada County RT Requested: City of Meridian C-G TRAFFIC ANALYSIS ZONE - 293 L.F. OF FRONTAGE ON Overland Road - 170 MOST RECENT TRAFFIC COUNTS - Date 11/11/91 Volume 3,655 FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Minor Arterial ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - No pathway shown EXISTING RIGHT-OF-WAY - 50-feet REQUIRED RIGHT-OF-WAY - 84-feet (45-feet from centerline) Overland Road is improved with 24-feet of pavement and sidewalks. L.F. OF FRONTAGE ON Meridian Road (Highway 69) - 1,300 MOST RECENT TRAFFIC COUNTS - None available FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Minor Arterial ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - Route EXISTING RIGHT-OF-WAY - 100-feet REQUIRED RIGHT-OF-WAY - Comply with ITD requirements. n no ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 /'~ Annexation and Z~.ling Request 5/E corner of ~~ieridian/Overland December 9, 1994 Page 3 6. Direct lot or parcel access to Overland Road is prohibited, in compliance with District policy. Lot access restrictions shall be stated on the final plat. STANDARD REQUIREMENTS: 1. Submit site drainage plans and calculations for review and appropriate action by ACRD. The proposed drainage system shall conform to the requirements of the City of Meridian and shall retain all storm water on-site. 2. A right-of-way permit must be obtained from ACHD for any street or utility construction within the public right-of- way. Utility cuts should be combined where practical to limit pavement damage. Contact Construction Services at 345-7667 (with zoning file number) for details. 3. A request for modification, variance or waiver of any require- ment or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar days of the original Commission action. The "request shall include a statement explaining why such a requirement would result in substantial hardship or inequity. Should you have any questions or comments, please contact the Development Services Division at 345-7662. STAFF SUBMITTING: DATE OF COMMISSION APPROVAL: Karen Gallagher CFlNTRAL •a DISTRICT i 'HEALTH DEPARTMENT REVIEW SHEET Environmental Health Division ~ ~~ ~°: M , ~,;~ DEC d ~ ~~~~ Return to: ^ Boise ^ Eagle Rezone # f 1">i~~ ~ 3~t~.ly~&.~~~^i9~~ ^ Garden city Conditional Use # .~Jeridian Preliminary /Final /Short Plat ^ Kuna ^ I. We have Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type. of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ^ 7. After written approval from appropriate entities are submitted, we can approve this proposal for: ^ central sewage ^ community sewage system ^ community water well ^ interim sewage ^ central water ^ individual sewage ^ individual water ^ 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water ^ 9. Street Runoff is not to create a mosquito breeding problem. ^ 10. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ I I. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 12. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store Date: / /~ i 7/TY~ c: ~ ~l/~Z2i» .-rt,~~c7'- "t~/!// /~ ~ Reviewed By: 43'+~ ~`-~'- ~7T~Cfft7a !'S ~?r/r~ ~.~c~<^~,•~-c-~ruD~a•.J ~or.~ si~e~.~-,~~~~ ='~1~J~~.~r~~T, [DND 10/91 rcb, rev. I I/93 jll CrNTR,~L ^ /"~ ~~ ~ DISTRICT -~,~ ~~~q~~~ -- DEPARTMENT MAIN OFFICE • 707 N. ARMSiRCNG ?L • BOISc.10.837C4 •(208) 315.5211 • FAX: 321.8~A ?o prm;ent and treat disease and disability; to promote healthy lifestyles: and to protect and promote the health and qualify of our enuironntent. STORMWATER MANAGEMENT RECOMMENDATIONS We recommend that the first one half inch of stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 1) STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND, State of Washington Department of Ecology, February 1992 2) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND SITE DRAINAGE MANAGEMENT 3) CALIFORNIA BEST MANAGEMENT PRACTICE HANDBOOK ' Prepared by Camp Dresser and McKee, Larry Walker Assoc., IIribe and Assoc., Resources Planning Assoc., for the Stormwater Quality Task Force 4) URBAN STORM DRAINAGE CRITERIA MANIIAL Volume 3, Best Management Practices Stormwater Quality Urban Drainage and Flood Control District, Denver, Colorado - Setti ng Valley. Eincar+G Boise. and Ada Coiattirs Axe ~ 8oe. courp Oma wit aao. - Mni6a~ Boron Cann tmlee Bneae Camry t>sn vd.r e«.rr oma ]O7 ?L Aimtnag Pt 1606 RmerR 520 E 8th Street N. a &-riionrt~tud Heatlll PA Sac I6t8 9oss.10..>1310e Base. ~. Mantc~ Hane. ~. 190 S 4A1 Street E 64~.1D. 836?.8 &sKO. Heaet 327 7499 83105 PR 334.'1355 83647 Ph.587-de07 Ma~ntci~ Hans. ~D. Rt 031.7194 ~Y P!antrs¢ 3277.E 324 54eii6as.ID. 83647 Fh. 587-07c'S trnKnm~ons; 3x7450 83642 Ph 88Bdsg Ntmdiat 3217460 ~YIw ?.277488 ~ HUB OF TREASURE VALLEY OFFICIALS COUNCIL MEMBERS A Good Place to Live RONALD R. TOLSMA WILLIAM G.BERG,JR.,CityClerk JANICE L. GASS, City Treasurer CITY QF MERIDIAN MAXYERRINGTON ROBERT D. COP.RIE GARY D. SMITH, P.E. City Engineer WALT W. MORRO~h' BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO SHARI STILES JOHN T. SHAWCROFT, Waste Water Supt. Planner 8 Zoning Adminisraca KENNY W. BOWERS, Fire Chief IDAHO 83642 MERIDIAN W.L. "BILL" GORDON, Police Chief , JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888433 • FAX (208) 887813 Chairman -Planning 3 Zc^~^g Public Works/Building Department (208) 887-2211 (® (C~~ O~~® I('~ ((~~ GRANT P. KINGSFORD Mayor Z g N O V '~94 NAMPA d~ MERIDIAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DE~I~P'FB~LOJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Corrmissian,-please subm+t your comme~lts and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: December 6. 1994 TRANSMITTAL DATE: 11/21/94 HEARING DATE: 12/13/94 REQUEST: Annexation and Zoning Request BY: Carol Lotspeich LOCATION OF PROPERTY OR PROJECT: Southeast corner of the intersection of Meridian Road and Overland Road JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MOE ALIDJANI, P/Z MERIDIAN POST OFFICE(PRELIM 8r. FINAL PLAT) JIM SHEARER, P2 ADA COUNTY HIGHWAY DISTRICT .~~ ~.'. ~ n-. x ; P/Z CHARLES ROUNTREE ADA PLANNING ASSOCIATION , TIM HEPPER, P2 CENTRAL DISTRICT HEALTH ~ ~ ~ ~~~`~ t' GRANT KINGSFORD, MAYOR - NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT BOB CORRIE, C/C IDAHO POWER CO.(PRELIM & FINAL PL14T~}F ~ ~° ~ ' ' `~' `-~' "" " WALT MORROW, C/C U.S. WEST(PRELIM 8~ FINAL PLAT) MAX YERRINGTON, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: Nampa & Meridian Irrigation POLICE DEPARTMENT District has no comment on the annexation and CITY ATTORNEY zoning request. We will comment on the right-of- CITY ENGINEER way of the Tenmile Drain when the site is developed. CITY PLANNER The right-of-way of the Tenmile Drain is 100 feet: 50 feet from the center each way. B~ Henson Assistant Water Superintendent N~mn^ & Meridian Irrigation District ~~~~~~~~ DEC 1 3 .1994 -_ ~.e-fit. ~.~- • ~ac,lc~.w-.~ d (~-~-•-~ vK-~.~c.u-~-•~ wLt~.,..la..-,r _..-- ----- ------_.. - __. __---------------- _-_____._1------- - ---- ~~ Y ~~~-,-- ~ oat. c~~¢. ~ ~~.~.~ -- JAS 3 1 15~~ CITY ~F ~~IDIAI~ _ ~ t'~m ~1bSc~l~'TP~ G~~'~c~S~c%~ icy ~e j~ e ~ vn > n~ _ a-~ !~ e_ > 1, y f)C~~°S ~~ ~~~~~ ui.. 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G,-rC"~ ~f TerS~n /'~ Meridian Planning & Zoning Commission January 10, 1995 Page 2 /"\ Johnson: Moved and seconded to approve the findings of fact and conclusions of law as prepared, roll call vote. ROLL CALL VOTE: Hepper -Yea, Rountree -Yea, Shearer -Yea, Alidjani -Absent: MOTION CARRIED: All Yea Johnson: Any recommendation you wish to pass onto the City Council? Rountree: Mr. Chairman, 1 move that the Meridian Planning and Zoning Commission hereby recommends to the Meridian City Council that the property described in the application be rezoned from R-4 to Limited Office. And that the conditional use be granted with the conditions set forth in these findings of fact. Shearer: Second Johnson: Moved and seconded to pass as stated the recommendation onto the City Council, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #2: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING REQUEST BY CAROL LOTSPEICH: Johnson: Any additions or changes to these findings of facts and conclusions of law as prepared by the City Attorney? Entertain a motion. Hepper: Mr. Chairman, I move the Meridian Planning and Zoning Commission of the City of Meridian hereby adopts and approves these findings of fact and conclusions of law. Shearer: Second Johnson: We have a motion and a second to approve the findings of fact and conclusions of law as prepared by the Attorney, roll call vote. ROLL CALL VOTE: Hepper -Yea, Rountree - Nea, Shearer -Yea, Alidjani -Absent, MOTION CARRIED: 2 YEA, 1 NEA Johnson: Any recommendation you wish to pass onto the City? /'1 i" ~ Meridian Planning & Zoning Commission January 10, 1995 Page 3 Hepper: Mr. Chairman, I move the Meridian 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 or assigns enters into a development agreement prior to issuance of a building permit or final plat, whichever comes first. And that the property only be developed as a commercial planned development or under the conditional use process. That if the applicant is not agreeable to these findings of fact and conclusions or is not agreeable with entering into a development agreement the property shall not be annexed. Shearer: Second Johnson: Motion and a second to pass a recommendation as stated onto the City, all those in favor? Opposed? MOTION CARRIED: 2 YEA, 1 NEA ITEM #3: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING REQUEST BY PACIFIC WATER WORKS CO., INC.: Johnson: Is there any discussion, any corrections, any additions to these findings of fact? We need a motion for approval. Rountree: Mr. Chairman, I move the Meridian Planning and Zoning Commission adopts and approves these findings of fact and conclusions. Shearer: Second Johnson: It is moved and seconded to approve the findings of fact and conclusions as prepared, roll call vote. ROLL CALL VOTE: Hepper -Yea, Rountree -Yea, Shearer -Yea, Alidjani -Absent. MOTION CARRIED: All Yea Johnson: Is there a recommendation you wish to pass onto the City Council? Rountree: Mr. Chairman, I move that we accept the recommendation as written in the findings of facts. Shearer: Second OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM TO: Planning & Zoning Comm' Sion, Mayor and Council ©~ FROM: Shari L. Stiles, Planning Zoning Administrator DATE: December 9, 1994 SUBJECT: Annexation and Zoning of C-G for Carol Lotspeich COUNCIL MEMBERS RONALD R. TOLSMA MAk YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman -Planning 8 Zoning This parcel of land is identified in the Comprehensive Plan as being part commercial and part single-family residential. The owner of this property is desirous of annexation and zoning to make the sale of the land more attractive and. feasible. The Applicant should enter into a development agreement with the City. Twenty-foot (20') planting strips are required adjacent to residential development. Meridian Comprehensive Plan calls for a pathway along Ten Mile Creek and 35' landscape setbacks along Overland Road and Meridian Road. Sidewalks will be required along Meridian Road and Overland Road at the time of development in accordance with City policy. Due to the fact that development plans are unknown at this time, I recommend that the property be annexed and zoned but that any development be subject to conditional use permit procedures to ensure goals of Meridian Comprehensive Plan and City Ordinances are met, that adjacent property owners are notified of development plans, and all agencies have an opportunity to offer comments. BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION CAROL LOTSPEICH QUEENSLAND ACRES, INC. APPLICATION FOR ANNEXATION AND ZONING SOUTHEAST CORNER OF OVERLAND AND MERIDIAN ROAD MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on December 13, 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 a representative, Tim Burgess, 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 December 13, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the December 13, 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 - LOTSPEICH Page 1 ~ /'~ reference is incorporated herein. 3. That the property is presently zoned by Ada County as R-T and is used for farming; that the Applicant requests that the property be zoned C-G, General Retail and Service Commercial; that no specific use for the property was presented. 4. That the property is adjacent on two sides and kitty- corner, to property zoned commercial; that there is residential development along the easterly boundary across Ten Mile Creek and residential development along the southerly boundary. 5. That Carol Lotspeich is the Applicant; that Applicant does own the land; that the land was originally owned by Truman and Doris Scott and they are deceased; that Carol Lotspeich and Theron G. Scott are their children and they have consented to the application and have requested this annexation and zoning and the application is not at the request of the City of Meridian. 6. Ada County Highway District (ACRD) submitted comments and such are incorporated herein as if set forth in full. 7. That Bruce Freckleton, Assistant to the City Engineer, submitted comments; that the legal description supplied with this application doesn't include d/2 of the Right-of-Way of Overland Road or Meridian Road; that a new legal description needs to be submitted pursuant to Meridian City Resolution No. 158 that includes said Rights-of-Way. 8. That Planning and Zoning Director, Shari Stiles submitted comments; that the Applicant should enter into a development agreement with the City; that twenty-foot (20') planting strips are FINDINGS OF FACT AND CONCLUSIONS OF LAW - LOTSPEICH Page 2 required adjacent to residential development; that the Meridian Comprehensive Plan calls for a pathway along Ten Mile Creek and a 35 foot landscape setback along Overland Road and Meridian Road; sidewalks well be required along Meridian Road and Overland Road at the time of development; that any development shall be subject to conditional use permit procedures to ensure that the goals of Meridian Comprehensive Plan and City Ordinances are met. 9. The Meridian Police and Fire Department Departments submitted comments as did the Central District Health Department, and Nampa Meridian Irrigation District; that all such comments are incorporated herein as if set forth in full. 10. Tim Burgess stated that the Applicants do not own the 144 foot parcel between this piece of property and Calderwood Drive; that that portion has a residential dwelling unit on it and the residents have indicated their desire to cooperate with the Applicant's in whatever is done with the property. 11. That a letter was submitted to the Commission from Steve Anderson, Vice President of Running Brook Estates, Inc., commenting that they would like to have input with regards to the buildings and landscaping that will be along the Ten Mile Creek as to how it will effect Running Brook Estates Subdivision. 12. That Sherry Roch testified as to some concerns regarding the commercial zoning and whether or not notification would have to be made to the neighborhood before the property was developed. 13. That there were no other comments by the public regarding this application. FINDINGS OF FACT AND CONCLUSIONS OF LAW - LOTSPEICH Page 3 n /'1 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 and in the Meridian Area of Impact. 16. That the property can be physically serviced with City water and sewer. 17. 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. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - LOTSPEICH Page 4 ~ ~ 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. B. Under LAND USE, Mixed-Use Areas Adjacent to I-84, Overland Road and Franklin Road, Page 28. 5.6 The development of a variety of compatible land uses should be provided in specific plans and proposals for future development. 5.8 Development in these areas should be based on functional plans and proposals in order to ensure that the proposed uses conform to the Comprehensive Plan policies and are compatible with the surrounding neighborhoods. 5.9 The integrity and identity of any adjoining residential neighborhood should be preserved through the use of buffering techniques, including screen plantings, open space and other landscaping techniques. 5.10 Development should be conducted under Planned Unit Development procedures and as conditional uses, especially when two or more differing uses are proposed. 5.11 The character, site improvements, and type of development should be harmonized with previously- developed land in the area, and where located adjacent to or near any existing residence or residential area, shall be harmonized with residential uses, and all reasonable efforts shall be made to reduce the environmental impact on residential areas, including noise and traffic reduction. 5.12 Strip development within this mixed-use area is not in compliance with the goals and policies of the Comprehensive Plan. 5.13 Clustering of uses and controlled access points along arterials and collector streets will be required. 5.14U Because these areas are near I-84, Franklin and FINDINGS OF FACT AND CONCLUSIONS OF LAW - LOTSPEICH Page 5 Meridian Planning & Zoning Commission January 10, 1995 Page 4 Johnson: It has been moved and seconded that we pass the recommendation onto .the City as stated by the City Attorney, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT REQUEST BY LYNN AND KENNETH SKINNER: Johnson: Any comments regarding these findings of fact and conclusions of law as prepared? We need a motion. Shearer: Mr. Chairman, I move the Planning and Zoning Commission hereby adopts and approves these findings of fact and conclusions of law. Rountree: Second Johnson: Moved and seconded to approve the findings of fact as so written, roll call vote. ROLL CALL VOTE: Hepper -Yea, Rountree -Yea, Shearer -Yea, Alidjani -Absent MOTION CARRIED: All Yea Shearer: Mr. Chairman, I move that the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use requested by the applicant for the property described in the application with the conditions set forth in the findings of fact and conditions of law. Hepper: Second Johnson: It has been moved and seconded that we pass the recommendation onto the City Council as stated, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT REQUEST BY CALLISON PARTNERSHIP: Johnson: Any discussion or corrections to these findings of facts? Rountree: On page 5, Mr. Chairman, item 6, I believe the second line of item 6 should read "for deliveries nor shall it be allowed" instead of not. n MERIDIAN PLANNING 8 ZONING COMMISSION MEETING:__ JANUARY 10 1995 APPLICANT: CAROL LOTSPEICH AGENDA ITEM NUMBER: 2 REQUEST:_ REQUEST FOR ANNEXATION AND ZONING A NCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: ~ ~~ , ~-~' f ~ ~ ~ ~~ X ~ r ~~~ ~~ j ~` s C, I C~ OTHER: ~ /'~ ~~ Meridian Planning & Zoning Commission December 13, 1994 Page 13 Rountree: Mr. Chairman, I make a motion that we have the City Attorney prepare. findings on this item. Shearer: Second Johnson: We have a motion and a second to have the City Attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #8: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR MICHAEL AND ANGELA DAVIES: Johnson: I will now open the public hearing. Is there anyone that would like to address the Commission on the conditional use permit? Does the Commission have any questions of the applicant on the conditional use permit? Seeing no one then I will close the public hearing. What action would you like to take on the conditional use permit? Roun#ree: Mr. Chain~nan, I move-we have findings of fact and conclusions of law prepared on this (inaudible). _ ____ _ Shearer: Second _ _ __ _ Johnson: We have a motion by Commissioner Rountree and a second by Commissioner Shearer to have the City Attorney prepare findings of fact and conclusions of law on the conditional use permit request, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING BY CAROL LOTSPEICH: Johnson: I will now open the public hearing, is there anybody representing the applicant or the applicant that would like to address the Commission at this time please come forward. Tim Burgess, 735 Hanover Court, was sworn by the City Attorney. Burgess: Well, this is simply a request for annexation and zoning to C-G for a parcel of land at the corner of Meridian Road and Overland Road that is consistent with the Comprehensive Plan. I would be happy to answer any questions. ~ ~ Meridian Planning & Zoning Commission December 13, 1994 Page 14 Hepper: Did you see the requirements by the City Engineer and the Zoning Administrator and the Ada County Highway Department, all the different agencies? Burgess: Yes, we did, we delivered new descriptions to the City today to fulfill that requirement. The remainder of them, the owners don't intend to develop this property themselves at this time. So we are willing to work with the City in whatever way is necessary to comply with the requirements. Hepper: Do the owners of this piece of property own the parcel between this piece of property and Calderwood Drive? Burgess: No they do not. Hepper: There is a 144 foot parcel there that they do not own. Burgess: A portion of that has a residential dwelling unit on it and I am not sure. The remainder of it is vacant ground. They have indicated the desire to cooperate with us in whatever we want to do. Shearer: Have they got a client in mind for this? Burgess: Not at this time. Johnson: Any further questions, any additional comments? Thank you very much, is there anyone else from the public that would like to come forward on this application? For the record we do have a letter received today from an adjacent developer/property owner, dated 12/13/94. "Dear Mr. Johnson and Commission Members, Running Brook Estates, Inc. which owns Running Brook Estates the adjoining neighbor to the east would like to make the following comment. For buildings and landscaping that will be along the Ten Mile Drainage we would like to have input for the benefit of our subdivision." Which they can certainly have at the time there is a plan brought forward. This application is just for annexation and zoning. Are there any further comments before I close the public hearing? (Inaudible) Sherry Roch, 52 West Davenport, was sworn by the City Attorney. Roch: I just wanted to know what is the zoning, are they going to zone it commercial? Johnson: The request is for C-G which is commercial general zoning. Meridian Planning & Zoning Commission December 13, 1994 Page 15 Roch: At this time do they not have to say what they are going to do with the property if you vote it to be changed to commercial? Johnson: No they do not. Roch: So when does that Johnson: At such time there is a development that takes place on there, in accordance with the zoning that has been approved. Roch: So we don't get to know what they are going to do with this property if it gets rezoned to commercial. Johnson: As a matter of fact I don't believe the developers know at this point, because the question was asked if they had a plan or a buyer. And the answer was no. Hepper: This is a different piece of property, this is Meridian Road and Overland Road. Roch:. Right, we live by both of them, we-live right across the street from the cornfield which is this property. I run that everyday in both places. But I want to know is there any, how do we know what they are going to do with this if it is voted on now that it is changed. commercial and say a year down the road they say well we want to put a mini mall in there or we want to do this with it. How do we know what is going to be done with the land if it is changed to commercial? Johnson: tf the development on that property requires notification by ordinance to the adjacent property owners within 300 feet those property owners will be notified. Roch: Before anything is done with the property? Johnson: If the zoning requires that and if a conditional use is necessary. Roch: The people that live there should be able to know up front if they are going to do this commercial. If it is going to be change it to a commercial piece of property. Johnson: What they are asking for at this poin# is in accordance with our ordinances and the way that the procedure works. Roch: So we just wait until it is decided on and what they can do later on, right, more or less. ~ ~ Meridian Planning & Zoning Commission December 13, 1994 Page 16 Johnson: There are a number of uses that lend themselves to this zoning by ordinance. There are a lot of uses that are prohibited if this zoning is approved by ordinance. There are some uses of the property that would require a conditional use permit, in other words coming back to us for approval under the zoning they are asking for. That is the way it works. Roch: So everyone is notified again before anything is done to this end piece of property? Johnson: The step they are taking now is probably a step to enhance the value of the property by getting it commercially zoned. But there is no requirement that they come in at this point with a specific plan as to how the property is going to be used. Roch: How long do they have to do this? Johnson: As long as they wish, it can sit there as commercial forever and not ever be developed if it is not economically feasible or whatever the case might be. There is no time requirement that they have to do that. They can also come in at a later date and change the zoning again if they apply for and it is approved. Roch: So it is ruled on a couple of times or once more. Johnson: Well, right now it doesn't sit in the City and the request is to have it annexed into the City. And that often times will enhance the value of the property. Roch: They can actually turn it into Commercial property is what it is? Johnson: That is their request, the request is to make it commercial. But see commercial to you might mean a different thing than what it means to the developer. (Inaudible) Johnson: You can't put a waste transfer station there but yes you could be a mini-mall there. (End of Tape) Are there any other comments? If there are no further comments that would like to come before the Commission, people that would like to come before the Commission I will close the public hearing at this time. Further discussion or comments? Shearer: Mr. Chairman, I move we have the Attorney prepare findings of fact an conclusions of law. Rountree: Second Meridian Planning & Zoning Commission December 13, 1994 Page 17 Johnson: It has been moved and seconded we have the City Attorney prepare findings of fact and conclusions of law on this property, this request for annexation and zoning, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #10: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING BY PACIFIC WATER WORKS CO. INC.: Johnson: I will now open the public hearing and invite the applicant or his representative to address the Commission. Arthur Stevens, 8783 Downey Brook, Boise, was sworn by the City Attorney. Stevens: 1 would just like to state that as an agent on the owner we have already read the conditions that have already been submitted to us and agree and have already done all of them actually.. Johnson: Are there any questions from the Commission to the applicant? Are there any at all? Rountree: Have you seen the comments from ACRD? Dedication of additional right of way? Stevens: Yes (Inaudible) Stevens: No problem, it will be done. Johnson: Anyone else? Apparently we don't have any other questions other than I would like to ask just what is Pacific Water Works Co., Inc? Stevens: They are a supplier of underground piping material, water and sewer. Johnson: Is this on a wholesale, retail basis? Stevens: Yes Johnson: So, we are talking retail with a warehouse or something? /~ MERIDIAN PLANNING & ZONING COMMISSION MEETING: DECEMBER 13 1994 APPLICANT: CAROL LOTSPEICH AGENDA ITEM NUMBER: 9 REQUEST: ANNEXATION AND ZONING AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEFT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS "REVIEWED" SEE ATTCHED COMMENTS ss SEE ATTACHED COMMENTS ,J ~~i (~ ~;~ SEE ATTACHED COMMENTS ~ ~~'' SEE ATTACHED COMMENTS „ ~~~ ~ ~P°~ INTERMOUNTAIN GAS: ~i ~ I C, l BUREAU OF RECLAMATION: ~ ~~ ~~ OTHER: ~ ~-. HUB OF TREASURE VALLEY - COUNCIL MEMBERS ~ OFFICIALS A GOOd PIaCe YO LIVe RONALD R. TOLSMA WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer MAX YERRINGTON CITY QF MERIDIAN WALT W. MORROW GARY D. SMITH. P.E. City Engineer SHARI STILES BRUCE D. STUART, water works supt. SHAWCROFT, Waste Water Supt. JOHN T Planner 6 Zoning Administrator 33 EAST IDAHO . KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 JIM JOHNSON W.L. "BILL" GORDON, Police Chief phone (208) 888-4433 • FAX (208) 887-4813 rK~~~° j y~~~,vman -Planning 8 Zoning i~L V ~+ ~+~° WAYNE G. CROOKSTON, JR., Attorney + Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD M A Y~ ' 8 ~g(~ j` V Mayor QTY 01~ MERIDIAN ITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS TRANSM WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: December 6 1994 TRANSMITTAL DATE: 11/21/94 HEARING DATE: 12/13/94 REQUEST: Annexation and Zoning Request BY: Carol LotsQeich LOCATION OF PROPERTY OR PROJECT: Southeast corner of the intersection of yleridian Road and Overland Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P2 CHARLES ROUNTREE, P/Z TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8 FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8 FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: APPLIATION FOR ANNEXATION APPROVAL & ZONING OR• REZONE MERIDIAN PLANNING AND ZONING COMMISSION FILING INFORMATION I. GENERAL INFORMATION N/A (PROPOSED NAME OF SUBDIVISION) Property located at the southeast corner of the intersection of Meridian Road and Overland Road (GENERAL LOCATION) See attached description (LEGAL DESCRIPTION - ATTACH IF LENGTHY) Carol A. Lotspeicn, ~ecLC~aLY ~~~-~~~- Queenland Acres, Inc. Theron G. Scott, Preside(TELEPHONE4N0.) (OWNER(S) OF RECORD) (NAME) 1032 East Caymen Drive (ADDRESS) Carol A Lotspeich 888 6027 Theron G. Scott 888-2545 (APPLICANT) (NAME) (TELEPHONE N0.) 1032 East Cayman Drive 670 West Victory Meridian, ID 83642 Meridian, ID 83642 (ADDRESS) Civil Survey Consultants, Inc Timothv A. Burgess 888-4312 (ENGINEER, SURVEYOR OR PLANNER) (NAME) (TELEPHONE N0.) x 39 (ADDRESS] (JURISDICTION(S) REQUIRING APPROVAL) (TYPE OF SUBDIVISION - RESIDENTIAL, COMMERCIAL, INDUSTRIAL) +50 ACRES OF LAND IN CONTIGUOUS OWNERSHIP. (FEE) • (ACCEPTED BY:) Annexation and Zoning Request Required Information Applicant - Queenland Acres, Inc. Carol A. Lotspeich, Secretary Theron G. Scott 1032 E. Cayman Drive 670 W. Victory Meridian, ID 83642 Meridian, ID 83642 (208)888-6027 (208)888-2545 2. Same as above. Copy of Deed is attached. Deeded owners Truman G. & Doris E. Scott are deceased. 3, Notarized request is attached. 4. Boundary Description is attached. 5. The enclosed sketch shows adjoining right-of--way. There is a 50' easement for Ten Mile Creek along the entire easterly boundary. There is a sanitary sewer easement along a portion of the easterly boundary. A copy of the sewer easement document is attached. The easement for Tenmile Creek is a prescriptive easement claimed by the Bureau of Reclamation. 6. Present land use is farming. 7, Proposed land use is commercial. 8. Present zoning district is Ada County zone RT. 9. Proposed zoning district is City of Meridian zone C-G. 10. Three adjacent corners of the intersection of Overland Road and Meridian Road (State Highway 69) are commercial. There is residential development along the easterly boundary across Ten Mile Creek and residential development along the southerly boundary. 11. The Meridian Comprehensive Plan identifies this area for commercial development. Current land use in the area is consistent with the proposed commercial zoning request. 12. A 100 scale map of the subject property is attached. 13. 'Thirty copies of a 300 scale vicinity map are attached. 14. A list of all property owners within 300 feet obtained from Ada County tax records is attached. 15. The Meridian Comprehensive Plan identifies this area for commercial development. 16. A check for application and mailing fees is attached. 17. A signed affidavit stating the property has been posted according to the requirements of item 17 will be furnished when the property is actually posted. A unsigned copy of the affidavit is attached. ... _ -- _ -'-_-~-= -, ------- 'iNlFi td "ANO IeM tAl[ ~ OIIINfG~FIT ttI:-IMG:.. Selt[.'- ---~ ~ ~ 813=WAtt1tAN`l'7f: bEED:-=-f ~"'- --~' - -- =- THIS INDENTURE, Made this 23d day of OctgbeT in the year of our Lord one thousand nine hundred and forty-seven ,between ROY H. LAMKIN AND RUTH L. LAMKIN, Husband and wife ~. ; ••Boise ,County of Ada ,State of Idaho of • i the parties of the first part, and , TRUMAN G. SCOTT AND DORIS E. SCOTT, Husband. and wife Ada ~ ,State of Idaho oP ,County of ' I the part ies of the second part. _ w.oria4Y.A9 ~ ~ WITNESSETH, That~the said part ies of the first part, for and in consideration of the sum of - -TEN DOLLARS AND OTHr,R GOOD AND VALUABLC CONSIDERATIONS ffi~6KXX1~`x ' lawful money of the United States of•America, to them in hand paid by the said part ies of the second part, the receipt whereof is hereby acknowledged, ha ve granted, bargained and sold, and by these presents do grant, bargain, sell, convey and confirm unto the said part ies of,the second part, and to their heirs and assigns forever, all of the followinst ~e°of Idaho,l to twit: situ~,teil; ih ~• ,County of Ada I.•~~ v; ~ ,- ~.. ;: s~tl•-,that part of ~„`, T;otuDne (1)', bein the Northwest Quarter (NW'~) of the ~.. Nd>;ahwest Quarter ~NYJ~) of Section Nineteen (19), in Town- `:, ~~ ~'t ! stii.p Three (3) North, Range One (1) .:East of the Boise Mer- ,,,..•~•~~~i'an, in Ada County, Idaho; lying on the westerly side of i -~/i.~•~=~fle center of that Drain Ditch, running through said Lot i •~``~One (1), together with all water, water rights, ditch and canal rights, belonging thereto or used in connectiion there- w~th. • _ r^^^~....n, i ~,.s_.,,,...,.,,,..s..~„ ~ I -) ~s ~~ t ~ - c ~ - e r ~ i i © ~ ,• i w.,,.,,,, ~ w.,vu.,~ "...... .. .. .. • ... .... >. . i ~ j ~ .~ i' y ©' ~___ I ' ~ • / , i - ~ ' • .. t TOGETHER, With all and singular the tenements, heredltainents and appurtenances thereunto belonging or in anywise appertaining, the reversion and reversions, remainder and remainders, rents issues and profits thereof; and all estate, right, title and interest in and to the said property, ae well in law as in equity, of the said part ies of the first part. TO HAVE AND TO HOLD, All and singular the above mentioned and described premises, together with the appurtenances, unto the parties of the second part, and to their heirs and assigns forever ' and the said parties of the first part, and their heirs, the said premises in sinat the aid part leis possession of the said part ie s hei et and againapt alt and everyeperson andp rsona whomsoever, lawfully , of the first part, and their • claiming or to claim the same shalt and will WARRANT and by these presents forever DEFEND. BOUNDARY DESCRIPTION A pazcel located in Government Lot 1 of Section 19, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particulazly described as follows: Commencing at a brass cap monument mazking the northwest corner of said Government Lot 1, from which an alurninum cap monument marking the one-quarter corner common to Sections 18 and 19 beazs N 89°43'43" E a distance of 2444.15 feet; thence N 89°43'43" E along the northerly boundary of said Governrnent Lot 1, a distance of 170.79 feet to the POINT OF BEGINNING; thence continuing N 89°43'43" E a distance of 32.81 feet to a point on the centerline of the Ten Mile Drain; thence leaving said northerly boundary and along said centerline the following described courses: thence S 17°38'40" E a distance of 1286.67 feet to a point; thence S 33°38'22" E a distance of 116.09 (of record as 116.13 feet) feet to a point on the southerly boundary of said Government Lot 1; thence leaving said centerline S 89°44' 16" W along said southerly boundary a distance of 612.38 feet to a point on the easterly right-of--way of-State Highway 69 as shown on the plans on file in the office of the Idaho Transportation Department as Project No. SR-RS-3782(2) Highway Survey; thence along said easterly right-of--way the following described courses: thence leaving said southerly boundary N 0°37'33" E a distance of 755.27 feet (of record as S 0°37'35" W a distance of 754.76) to a point; thence N 89°22'27" W (of record as S 89°22'35" E) a distance of 10.00 feet to a point on the easterly right-of--way of State Highway 69 as shown in said office of the Idaho Transportation Department as Project No. HHS-3782(7) Highway Survey; thence along the easterly right-of--way of last said Highway Survey, the following described courses: thence N 0°37'33" E a distance of 489.69 feet (of record as N 1°02'27" E a distance of 490.00 feet) to a point; . .--~ n` SANITARY SEWER EASEMENT THIS INDENTIIRE, made this ~_ day of 1993, between ~IIEENT.~AND ACRES, INC_, an Idaho Corporation, the party of the first part, and .hereinafter called Grantor, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITN"'SSETH: (~_RRAS ~ the Grantor desires to provide a sanitary sewer right-of-way across the .premises and property hereinafter parti- cularly bounded and described; and WHEREAS, the sanitary sewer is to he provide. for through an underground pipeline to be constructed by the Grantee; and WH`r.REAS,.it will be necessary to maintain and service said pipeline from time i-o time by the .Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable considera- tion, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the construction, operation and maintenance of a sewer line over the across the following described property: Description attached as Exhibit °A° The easement hereby granted is for the p„ =ose of construc- -lion and operation of a sanitary sewer. line and allied facilities, together with their maintenance, repair and replacement at the SANITARY ar ~I? • EAc~1LTEr:"~ - 1 - IT IS IINDERSTOOD AND AGREED .that the Grantee will restore said strip to a condition comparable to that existent prior to the undertaking of the construction of such sewer line. THE GRANTOR does hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and ' described tract of land,. and that. tf:ey b.ave a good and lawful right to convey said easement, and that they will warrant and forever defend that title and quiet pQSSession thezeof against the lawful claims of all persons whomsoever. IN Ti~ITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the~day and year first hereinabove written. GRANTOR: QUEENLAND ACRES , Ii:C . , BY: STATE OF IDAHO ) ss. County o'f Ada ) (.A.tt L ai. i+ , On this 2~r~ day of ~ 7.993, before me, a Notary Public in and for said St te, ersonall ap eared TIIERAN G. SCOTT ~d CAROL A. LOTSPE~CH p , known to me to be the President and Secretary of the corporation that executed this instrument or the persons who executed it on behalf of said .corporation, and acknowledged to me that such corporation executed the same. WITNESS MY .HAND „ the day and year above written_ ,~ o '- ;~ F , ~ o ,o G ~ :¢ . Notary P lic for aho U g L~ a ~ Residing at: ~~'~ Il.~i ' p ~ Lev Com~nisci.on Expires : ~/~/~ SANITARY SEWER EASEMENT ,-. I//C/LAITY MAP ^ ~~m # ~3 ' AIVNEXAT/ON AND REZONE REQUEST A PART OF GOI~ERNM£NT LOT 1 OF SECTION 19, TOWNSH/P ,3 NORTH, R4NGE 1 EAST, BO/SE MER/OLEW, AQA COUNTY, /DAHO. ~ L "°~ ;~;~ ( ~~' .... SCALE.• 1 "=300' _ ;~ 3_ '._ ~f9 906s ''' Ss~i/ uBN..,:.j 30 ~ _°. /Nx . I .... - `\ t:. 9 ~ 3 ~~ Z :: i j ~3V 17i ~ ~ / tf;oJ ~ ° ., 7 ~ . yT 'n 999129 ~ ~ " s ~ ~ ~ ~ ' , ~ ~ ; 3g1~ ~: 50.00 ~ , 3 ~ 7 1[ 9 r° . .t rlit~ do~ E • ~ - e S'S0•x fast .45 3 x 5! " - -• pl~Lr ~ ' S59'Il IS E ~_ lt2.O0 "___- O - _. 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ANNEXATION DESCRIPTION A parcel for annexation purposes located in Government Lot 1 of Section 19, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at a brass cap monument marking the northwest corner of said Government Lot 1, from which an aluminum cap monument marking the one-quarter corner common to Sections 18 and 19 bears N 89°43'43" E a distance of 2444.15 feet; thence N 89°43'43" E along the northerly boundary of said Government Lot 1, a distance of 203.60 feet to a point on the centerline of the Ten Mile Drain; thence leaving said northerly boundary and along said centerline the following described courses: thence S 17°38'40" E a distance of 1286.67 feet to a point; thence S 33°38'22" E a distance of 116.09 feet (of record as 116.13 feet) to a point on the southerly boundary of said Government Lot 1; thence leaving said centerline S 89°44' 16" W along said southerly boundary a distance of 672.39 feet to a point on the westerly boundary of said Government Lot 1; thence N 0°37'33" E along said westerly boundary a distance of 1324.98 feet to the POINT OF BEGINNING. This parcel contains 12.85 acres, of which 1.81 acres is right-of--way previously deeded to the State of Idaho as described in Instrument Numbers 8801812 and 8226572 on file in the office of the Recorder, Ada County, Idaho. This parcel is subject to any easements existing or in use. ~gE~tE ~~ ~~ w 2~0 ~~~ ~' a ~ ` ~~~c~ Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated December 13, 1994 KECEIVED DEC 1 3 199~- IIII~IAN CITY ENGINEER .-. HUB OF TREASURE VALLEY COUNCIL MEMBERS OFFICIALS A Good Place to Live RONALD R. TOLSMA WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer CITY OF MERIDIAN MAX VERRINGTON ROBERT D. CORRIE MORROW WALT W GARY D. SMITH, P.E. City Engineer . SHARI STILES BRUCE D. STUART, water works st,pt. JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO Planner & Zoning Administrator KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 JIM JOHNSON W.L. "BILL" CORDON, Police Chief phone (208) 888-4433 • FAX (208) 887813 Chairman -Planning & Zoning WAYNE G. CROOKSTON, JR., Attorney Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: December 6 1994 TRANSMITTAL DATE: 11/21/94 HEARING DATE: 12/13/94 REQUEST: Annexation and Zoning Request BY: Carol Lotspeich -- LOCATION OF PROPERTY OR PROJECT: Southeast corner of the intersection of ~Aerid'an Road and Overland Road JIM JOHNSON, P2 MOE ALIDJANI, P/Z JIM SHEARER, P2 CHARLES ROUNTREE, P/Z TIM HEPPER, P2 GRANT KINGSFORD, MAYOR `RONALD TOLSMA, C/C -BOB CORRIE, C/C -WALT MORROW, C/C -MAX YERRINGTON, C/C -WATER DEPARTMENT SEWER DEPARTMENT -BUILDING DEPARTMENT FIRE DEPARTMENT -POLICE DEPARTMENT -CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8 FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8 FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: APPLIATION FOR ANNEXATION APPROVAL & ZONING OR•REZONE MERIDIAN PLANNING AND ZONING COMMISSION FILING INFORMATION I. GENERAL INFORMATION N/A (PROPOSED NAME OF SUBDIVISION) Property located at the southeast corner of the intersection of Meridian Road and Overland Road (GENERAL LOCATION) See attached description (LEGAL DESCRIPTION - ATTACH IF LENGTHY) Carol A. Lotspeich, Secretary 888-6027 Queenland Acres, Inc. Theron G. Scott, President 888-2545 (OWNER(S) OF RECORD) (NAME) (TELEPHONE N0.) 1032 East Caymen Drive Meridian, ID 83642 (ADDRESS) Carol A. Lots eich 888-6027 Theron G. Scott 8(TELEPHONE NO.) (APPLICANT) (NAME) 670 West Victory 1032 East Cayman Drive Meridian, ID 83642 Meridian, ID 83642 (ADDRESS) 888-4312 Civil Surve Consultants Inc. Timoth A• TELEPHONE N0.) (ENGINEER, SURVEYOR OR PLANNER) (NAME) ( p, x 39 (ADDRESS) (JURISDICTION(S) REQUIRING APPROVAL) (TYPE OF SUBDIVISION - RESIDENTIAL, COMMERCIAL, INDUSTRIAL) +50 ACRES OF LAND IN CONTIGUOUS OWNERSHIP. (FEE) • (ACCEPTED BY:) Annexation and Zoning Request Required Information Applicant - Queenland Acres, Inc. Carol A. Lotspeich, Secretary Theron G. Scott 1032 E. Cayman Drive 670 W. Victory Meridian, ID 83642 Meridian, ID 83642 (208)888-6027 (208)888-2545 2. Same as above. Copy of Deed is attached. Deeded owners Truman G. & Doris E. Scott are deceased. 3. Notarized request is attached. 4. Boundary Description is attached. 5. The enclosed sketch shows adjoining right-of--way. There is a 50' easement for Ten Mile Creek along the entire easterly boundary. There is a sanitary sewer easement along a portion of the easterly boundary. A copy of the sewer easement document is attached. 'The easement for Tenmile Creek is a prescriptive easement claimed by the Bureau of Reclamation. 6. Present land use is farming. 7. Proposed land use is commercial. 8. Present zoning district is Ada County zone RT. 9. Proposed zoning district is City of Meridian zone C-G. 10. Three adjacent corners of the intersection of Overland Road and Meridian Road (State Highway 69) are commercial. There is residential development along the easterly boundary across Ten Mile Creek and residential development along the southerly boundary. 11. The Meridian Comprehensive Plan identifies this area for commercial development. Current land use in the area is consistent with the proposed commercial zoning request. 12. A 100 scale map of the subject property is attached. 13. Thirty copies of a 300 scale vicinity map are attached. 14. A list of all property owners within 300 feet obtained from Ada County tax records is attached. 15. The Meridian Comprehensive Plan identifies this area for commercial development. 16. A check for application and mailing fees is attached. 17. A signed affidavit stating the property has been posted according to the requirements of item 17 will be furnished when the property is actually posted. A unsigned copy of the affidavit is attached. ~~ ~ 3 REQUEST FOR ANNEXATION AND REZONE Date: ~/~.~~%~ Queenland Acres, Inc. does hereby request that the City of Meridian annex the real property identified in the attached Application For Annexation Approval & Zoning or Rezone, and rezone said property from R-T to C-G General Retail and Service Commercial. STATE OF IDAHO ) ss. County of Ada ) 'Theron G. Scott, President ~~ Carol A. Lotspeich, cretary On this ~_day of ~ u ./lifer- _ , 1994, before me a notary public in and for said state personally appeared Theran G. Scott and Carol A. Lotspeich, known to me to be the President and Secretary of the corporation that executed this instrument or the persons who executed it on behalf of said corporation, and acknowledged to me that said corporation executed the s gl~+~~~srds .~`'\~~ A• Blip''-. ,~ ~ ....., 9c-. ®o° ~o '"® F ti ,p ~, ©'~ ~ ~ ~,'~ `nom e ~- ~ ~ ~~ ~ g ~' ~. ~ t~ ~~~., ril~ 'i .~'V° e. 9A \\\ ®f~~\ ,jl//111111111.1\\\ Notary Public for lct ~ Residing at My commission expires ,* _-.---- - ----- --"' 'rifHti 28 -:ANO lop 2At[ [Y- 'plNf [pJlli.[p[:"ING.-:: [b~[[' THIS INDENTURE, Made this 23d day of October in the year of our Lord one thousand nine hundred and forty-seven ,between ROY H. LAMKIN AND RUTH L. LAMKIN, Husband and wife ~, ~•Boise , ,County of Ada ,.State of IdaJio of `.~ ~`~~ Norahwest Quarter (NP~4) of Section Nineteen (19 , in Town- ~~: v ; , . , ~,,:. ~ v t :~sYii.p Three (3) North, Range One (1) .:.East of the Boise Mer- \ ian in Ada County, Idaho, lying on the westerly side of ~ °/~~~~•~-the center of that Drain Ditch, running through said Lot •~'`~One (1), together with all water, water rights, dithh and j canal rights, belonging thereto or used in connection there- i wrbth. ' __ .. ,....I . i County of Ada ,State of of the part ies of the second part. WITNESSETH, That the said part ies of the first part, for and in consideration of the sum of - -TEN DOLLARS AND OTHL'.R GOOD AND VALUABLE CONSIDERATIONS ~~gg~}~x lawful money of the United States of America, to them in hand paid by the said part ies of the second part, the receipt whereof is hereby acknowledged, ha V e granted, bargained and sold, and by these presents do grant, bargain, sell, convey and confirm unto the said part ieS of, the second part, and to their heirs and assigns forever, all of the following described real estate, .;''situ~,teJ: ih '•. ,County of Ada ,State of Idaho, to-wit: lyiT"S•'_that part of T,otiOne (1), being the Northwest Quarter (NW's) of the the parties of the first part, and TRUMAN G. SCOTT AND DORIS E. SCOTT, Husband. and wife ' Idaho ~: _F ~ _; .a ~~ TOGETHER, With all and singular the tenements, hereditainents and appurtenances thereunto belonging or in anywise appertaining, the reversion and reversions, remainder and c•emainders, rents issues and profits thereof; and all estate, right, title and interest in and to the said property, as well in law as in equity, of the said parties of the first part. TO HAVE AND TO HOLD, All and singular the above mentioned and described premises, together with the appurtenances, unto the parties of the second part, and to their heirs and assigns forever and the said parties of the first part, and their heirs, the said premises in the quiet and peaceable possession of the said parties hei et and aoainst alt and everyeperson and pereonsiwhomsoeverPlawfu ly of the first part, and their g claiming or to claim the same shall and will WARRANT and by these presents forever DEFEND. i ~ i1.. .. ~.. IN WITNESS WHEREOF, The said part ies of the first part ha Ve hereunto set theirhand S Ind seal g the day and year first above written. 9:ONED, BDALDD AIQD DELIVHRtB1D IN Pft~gDNO~ OF ..[Seal] ......................... [Seal] .................................................................................................... ......[Seat] ...................... [Seat] STATE OF IDAHO, ~~. County of ;.Asa. , ', I October in the year 19 47 ,before me • ~ i On this '' '28th day of a Notary Public in and for said State, personally appeared Roy~.Ha; Lamkin and Ruth L. LAmkiti~ ~uLs.band_and_-w~P .-_----- - -- ~ _ . ~ , ~;s r ~ _. ~ : ,; subscribed to the within instrument, and • known to me to be the person g whose names aTe ~ , -,. acknowledged to me that they executed the same: ` -IN-WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, tfie day and = c. . =~.--year in this'certificate first above written.. I ,. ,: ~.y- ~ ,. ,; .. ~- `- 1 .........................~-QI~-I~.f • j - y -- ., ~ Notar Public for the State of Idaho, .,I r -• .. Idaho. Residing at ~d-u~` ~ .;~ W I ~ Z O ~' z a ~ ~ j. ~ t- t I !! i ~' f f i i ! r I i A~ uo + ~ O i ~ i~ ! a ~ ~ a ,F i pQ ~ i g ~ ~ O i H ~ f f~~ ~ I i ~, ~ ~I ~ i i ~ i ~ °i '~ oe ! € ~ ~J ^~ j j A U ~ x: b O ~ ~ O ~.. .':.: ~... ~i ~ Y: ~' G BOUNDARY DESCRIPTION ~T~m '~ y A parcel located in Government Lot 1 of Section 19, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the northwest corner of said Government Lot 1, from which an aluminum cap monument marking the one-quarter corner common to Sections 18 and 19 bears N 89°43'43" E a distance of 2444.15 feet; thence N 89°43'43" E along the northerly boundary of said Government Lot 1, a distance of 170.79 feet to the POINT OF BEGINNING; thence continuing N 89°43'43" E a distance of 32.81 feet to a point on the centerline of the Ten Mile Drain; thence leaving said northerly boundary and along said centerline the following described courses: thence S 17°38'40" E a distance of 1286.67 feet to a point; thence S 33°38'22" E a distance of 116.09 (of record as 116.13 feet) feet to a point on the southerly boundary of said Government Lot 1; thence leaving said centerline S 89°44' 16" W along said southerly boundary a distance of 612.38 feet to a point on the easterly right-of--way of State Highway 69 as shown on the plans on file in the office of the Idaho Transportation Department as Project No. SR-RS-3782(2) Highway Survey; thence along said easterly right-of--way the following described courses: thence leaving said southerly boundary N 0°37'33" E a distance of 755.27 feet (of record as S 0°37'35" W a distance of 754.76) to a point; thence N 89°22'27" W (of record as S 89°22'35" E) a distance of 10.00 feet to a point on the easterly right-of--way of State Highway 69 as shown in said office of the Idaho Transportation Department as Project No. HHS-3782(7) Highway Survey; thence along the easterly right-of--way of last said Highway Survey, the following described courses: thence N 0°37'33" E a distance of 489.69 feet (of record as N 1°02'27" E a distance of 490.00 feet) to a point; Page 2 Boundary Description thence 62.98 feet (of record as 62.70 feet) along the arc of a 40.50 foot radius curve right, said curve having a central angle of 89°06' 10" (of record as 88°41' S9") and a long chord bearing N 45°10'37" E a distance of 56.83 feet to a point; thence N 89°43'43" E (of record as N 89°44'26" E) a distance of 53.00 feet to a point; thence N 62°00' 11" E a distance of 32.24 feet to a point; thence leaving last said right-of--way N 0°16'17" W (of record as N 0°15'34" E) a distance of 25.00 feet to the POINT OF BEGINNING. This parcel contains 11.04 acres and is subject to any easements existing or in use. ~~E~~€~ ~~~ ~~ ~~~ ~ _'~ "~ 5~'® ~, ~ tl -Z-9~f ~ ~~. ~~~~~ Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated November 2, 1994 SANITARY SEWER EASEMENT THIS INDENTIIRE, made this ~_ day of 1993, between QUEENr.~AND ACRES, INC., an Idaho Corporation, the party of the first part, and hereinafter called Grantor, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNr.SSETH WHER~.AS, the Grantor desires to provide a sanitary sewer right-of-way across the .premises and property hereinafter parti- cularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by the Grantee; and W~REAS,.it will be necessary to maintain and service said pipeline from timer.o time by the Grantee; NOW, THEREI'ORE., in consideration of the benefits to be received by the Grantor, and other good and valuable considera- tion, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the construction, operation and maintenance of a sewer line over the across the following described property: Description attached as Exhibit "A" The easement hereby granted is for the purpose of construc- tion and operation of a sanitary sewer. line and allied facilities, together with their maintenance, repair and replacement at the SANITARY Sr WEr? • EAc~.1~TE~:T - 1 _ convenience of the Grantee, with the free right of .access to such facilities at any and all. times. TO HAVE AND TO HOLD, the said easement and right-of-way into the said Grantee, its successors and assigns forever. IT IS EXPRESSLX' IINLlERST00D A~7D AGREED, by and between the par*_-:ies hereto, that the Grantee will timely complete ~e work of laying the sanitary sewer line and restori.ng~the premises used _ therefor to a condition comparable caith that existing prior to this easement; that, in making future repairs, the Grantee will expediently replace and restore the premises to a condition com- ~sarable to that existent prior to undertaking such repairs and replacements_ TH.r GRANTOr herebz cove~,anis and agrees that they will not place or allow to be placed any perzaar~ent structures on the area .described for this easement which would interfere with the use of said described easement for the purposes stated herein. IT IS HEREBY.FIIRTHER AGREED -that the Grantor does herebv give and grant tq the Grantee the right of use during initial- construction a temporary construction easement over a strip of land described as follows A temporary 15-foot wide construction easement Tinning - parallel to and along the Westerly .and Southerly edge of the above described easement.' IT IS IINDERSTOOD that the strip of land described in the previous paragraph is for the purpose of •constructi.ng,said sewer line herein described, the same to expire when the initial con- struction is completed. SANITARY SEWER EASEMENT - 2 _. IT IS DNDERSTOOD AND AGREED that the Grantee will restore said strip to a condition, comparable to that existent prior to the undertaking of the construction of such sewer line. THE GRANTOR does hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land,. rend that. they have a good and lawful right to convey said easement, and that they will warrant and forever defend that title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of-the first part have hereunto subscribed their signatures the~day and year first hereinabove written. GRANTGR: QIIEENLAI~7D ACRES , Ii:C . . BY: - ~:- r,: , rest en STATE OF IDAHO ) . ss_ County of Ada ) L El.. .t~ .. , C On this 2~r,,~ day of x.993, before me, a Notary Public in and for said St te, personall appeared TIIERAN G. SCOTT and CAROL A. LOTSPE~CH known to me to be the President and Secretary of the corporation that executed this instrument oar the persons who executed it on behalf of said.-corporation, and acknowledged to me that such corporation executed the same. WITNESS MY .HAND ,~ the day and year above written. `A~ ~ '~,:~I' .~ s, , ~~ ;~o~tARy~;~. • _ - ° . rotary P tic ,fy~ r aho ~ °o'°(/ g 1.`C' oa * Residing at: /~~'l Ib~ oe . ~;~~~'~~',~.®.• P~p.~ My Commis~ior_ Expires : ~/~/~ .a'~ ~Q ~~ SANITARY SEWER EASEMENT ... ~' .~. ~ ~E~EIBIT °A° _ ...... - - ~-•-- ~ ~ SEWER EASEUIENT A 20.00 foot sanitary sewer easement running parallel to and 10.00 feet on each side of the following described centerline and tying in the NW1/4 of Section 19, T.3N., R.1 E., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the Section Corner common to Sections ~18 and 19 ~ of ~~ .3i~., R.1 E., B.hA. and Sections 13 and 24 of T.3N., R.1W., B.M., said point being maned b;r a brass cap monument; thence North 89°43'43" East along the North line of said Section 19 for a distance of 165.49 feet; thence South 4°59'28" West for a distance of 25.11. feet to a point on the Southerly right-of-way ~ine~of Overland Road, said point being on the centerline of a proposed sewer line, and also being the REAL POINT OF BEGINNING of this easement; = ~ - ~ ~ - ~ thar,ce South 4°59'28" West for a distance of 23.89 feet; ~~ ~ ~ the^ca South 20°0855" East for a distance of 39o.7F feet; ~ ~ ~ -~ ~. Thence South 16°56'?_3" East for a distance of 408.40 feet; - - _ ~~ ~ ~ ~ - thence North 73°35'41" East for a distance of 33:04 feet to a point on Elie _~ .~- centerline of she Ten MiIF. Drain, said point being the PGINT OF TERMINUS of said 20.00 - foot v~;de easement. The side lines of said easement are to be extended or si~orte~rcd "' ~ ~ to create a continuous 20.00 foot wide strip of land beginning at the Southerly right-of- .~ ~ way fine of Overland. Road and terminating at the centerline of the Ten Mile Drain. n ss~2 r ~ /'~ 24 13 R 1 W 19 18 R1E ~~ 40' N sroo'11" E 32.24' V 89'43'43" E N 0'16'17" W CURVE DELTA RADIUS 53.00' 25.00' c-~ es'os•~o' ~o..so /, ~~- 32.81' // / ~ 25' RQADWAY EASEMENT FOR O~ERL4N0 RD. 3 <o ~- ~; ro ~ 2 i ~ ~ ~(f I ~ ~, ~SEME~T FOR t EN o 5~' N 6 09, E ~' 513~3~'22 ~ :oo ~ 300 PREPARED BY l CIVIL SURVEY CONSULTANTS, INC. P.O. BOX 39 ~/ 1530 W. STATE STREET MERIDIAN, IDAHO 83680 ~ ~~4 r I I 93008