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Pine Meadows AZ MERIDIAN PLANNING & ZONING COMMISSION MEETING: APRIL 12. 1994 APPLICANT: RON WALSH AND PINE STREET AGENDA ITEM NUMBER: 9 DEVELOPMENT REQUEST: ANNEXATION AND ZONING AGENCY CITY CLERK: CITY EINGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: SEE ATTACHED COMMENTS MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS ~/ ~~ P / . u`" OTHER: n KUB 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 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: Mayor, City Council, Planning & Zoning Commission From: Gary D. Smith, PE Date: April 7, 1994 RE: Walsh, Ron (Annexation and Zoning) COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman -Planning & Zoning I have reviewed this submittal and offer the following comments for your information and or use as conditions of the applicant during the hearing process: 1. The parcel is contiguous to the existing city limits boundary created by the annexation of the Treasure Valley Business Center. 2. A sanitary sewer line exists along the north side of Fairview Ave.- approximately 270 feet west of the northwest corner of Lot 6. A sanitary sewer line exists approximately 600 feet. south of the south boundary of Lot 7. No information has been presented to show how this parcel would be sewered by gravity. 3. A water line exists along the north side of Fairview that is adjacent to this parcel. A water line exists approximately 600 feet south of the south boundary of Lot 7. 4. The annexation legal description needs to include the portion of Fairview Ave., from section line to the north boundary of the portions of Lot 5 and 6 proposed for annexation. The frontage of Lot 5 plus 6 is approximately 192 feet. HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live WI!LIAMG.BERG,JR.,CityClerk .!ANICE L. GASS, City Treasurer CITY OF MERIDIAN GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. sHAwcROFT, waste water supt. 33 EAST IDAHO KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 W.L. "BILL" GORDON, Police Chief WAVNE G. CROOKSTON, JR., Attorney Phone (2O8) 888433 • FAX (208) 887813 Public Works/Building Department (208) 887-221 I GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX VERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8, Zoning Administrator JIM JOHNSON Chairman ~ Planning d 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 8~ Zoning Commission, may we have your answer by: April 5, 1994 TRANSMITTAL DATE: 3/14/94 HEARING DATE: 4/12/94 REQUEST:_ Annexation and zoning for Pine Meadows BY: Pine Street Developers and Civil Survey Consultants LOCATION OF PROPERTY OR PROJECT: 1000' feet east of Locust Grove on South side of Fairview JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, CIC 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 & 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 8t FINAL PLAT) BUREAU OF REC ON(PRELiM & FI PLAT) CITY FILES S v OTHER:_ ~ YOUR CONCISE REMARKS: n HUB ~F TREASURE VALLEY OFFICIALS A Good Place to Live WILLIAM G. BERG, JR., City Clerk JANICEL.GASS.CityTreasurer CITY ~F MERIDIAN GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO KENNY W. BOWERS. Fire Chief MERIDIAN IDAHO 83642 W.L. "BILL" GORDON. Police Chief , WAYNE G. CROOKSTON, JR., Attorney Phont (208) 888-4433 • FAX (208) 887-4813 Public Wanks/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE ~E~~I~~~~ ORROW TILES _ Planner 8 Zoning Administrator M,QR ~ ~ ~ f~JOHNSDN ha e~h Planning 8 Zoning TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITI~ THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning C01nmISSlon, may we have your answer by: April 5, 1994 TRANSMITTAL DATE: 3/14/94 HEARING DATE: 4/12/94 REQUEST: Annexation and zoning for Pine Meadows BY: Pine Street Developers and C'rvil Survey Consultants LOCATION OF PROPERTY OR PROJECT: 1000' feet east of Locust Grove on South side of Fairview JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z 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 & 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 & FINAL PLAT) BUREAU OF RECLAMATION(PRELiM & FINAL PLAT) CITY FILES , / OTHER: ~ l ~`~ 7 YOUR. CONCISE REMARKS: f h.u.r.s~ /~- 17~Gh(~>1 ~,~f~ 7L~i:r An~N~.a...Y f:0./ ~2~ Q` ~~ 0. EXCEL! ~y~ ~;~~ "' ~ECE~~1~~i- MAR 2 4 1994 C1T~r E3~ ~~rij~r~P~ /'r :. _RINTENDENT OF SCHOOLS Bob L. Haley DEPUTY SUPERINTENDENT Dan Mabe, Finance & Administration DIRECTORS Sheryl Belknap, Elementary Jim Carberry, Secondary Christine Donnell, Personnel Doug Rutan, Special Services JOINT SCHOOL DISTRICT N0.2 911 MERIDIAN STREET MERIDIAN,IDAH083642 PHONE(208)888-6701 March 22, 1994 City of Meridian 33 East Idaho Meridian, Idaho 83642 Re: Pine Meadows Annexation and Zoning Dear Councilmen: I have reviewed the application for annexation and zone change from Pine Street Developers. This annexation and rezoning will accelerate the need for Joint School District No. 2 to construct additional classrooms and/or to adjust school attendance boundaries. Meridian Schools do not have excess capacity. Nearly every school in the district is beyond capacity. The Meridian School District supports economic growth for Idaho and specifically the district's area, but such growth produces a need for additional school construction. We ask your support for a development fee statute on new home construction or a real estate transfer fee to help offset the costs of building additional school facilities. If this support is lacking then we ask that additional residential development be denied. Residents of the new subdivision cannot be assured of attending the neighborhood school as it may be necessary to bus students to available classrooms across the district. We ask that you assure the developer will provide walkways, bike paths and safe pedestrian access. Sincerely, Da-ri Ma~" " Deputy Superintendent DM:gr /"t CENTRAL •• DISTRICT ''lll'HEALTH DEPARTMENT REVIEW SHEET Environmental Health Division ~~~'~~~~'~Returln to: . Mt~R 2 4 19~~ ^ Boise ^ Eagle CY!'~~` _ .....,,,,,;:,o„hr;~, ^ Garden city Meridian ^ Kuna Rezone # Conditional Use # Preliminary /Final /Short Plat ^ ACZ /NC /~E~OG/S ~~J~l~/~~S'/rJnl ^ 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. ^ lo. 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 ~, 13. ~i~R-~iw~~2 /t'!~9-N~-~ ~i~~.- -s~i•~-/~ ic/o~ ,y~t~~ ~ Date: 3 / °2~ l 9~ 6/~-2 6~~/f-~/7-y - DoGd.~rt~-Tio.~1 ~s'/i.4-// 6c:- Reviewed By: '~~n~lQnv ~ Ybv`rcf.~tP `7fv4-~- D~-.~-toi~ s~•h~s -~,~ s . CDHD 10/91 rcb, rev. I I/93 jll . ~ /,'.~ HUB OF TREASURE VALLEI` OFFICIALS COUNCIL MEMBERS A Good Place to Live WILLIAM G.BERG,JR.,CityClerk - ~~~~~~r'~TOLSMA JANICEL.GASS.CityTreasurer CITY OF MERIDIAN - I~ INGTON R CORRIE GARY D. SMITH, P.E. City Engineer WALT W. MORROW BRUCE D. STUART, Water Works Supt. M A ~ ~ C ~nn'_ JOHN T. SHAWCROFT. Waste Water Supt. 33 EAST IDAHO 1 1!i ~J .7,=}4~R1 STILES KENNY W. BOWERS, Fire Chief - Planner 8 Zoning Administrator W.L. "BILL" GORDON, Police Chief MERIDIAN, IDAHO 83642 ~. WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX 208) 887813 ~~~ ~ ~'~ ~ii~i:i~yh~l>a4'~;~aN ( ~ Chairman -Planning & Zoning Public Works/Building Department (208) 887-22U' li ~ (?'~ 1 ~ /12 (~ GRANT P. KINGSFORD v sou V 1S (J ,. Mayor 1 ~ ~~~li 1~; ~4 NAMPA & MERtBIAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON l~'~9IlAii~PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, may we have your answer by: April 5, 1994 TRANSMITTAL DATE: 3/14/94 HEARING DATE: 4/12/94 REQUEST: Annexation and zoning for Pine Meadows BY: Pine Street Developers and Civil Survey Consultants LOCATION OF PROPERTY OR PROJECT: 1000' feet east of Locust Grove on South side of Fairview JIM JOHNSON, P2 MOE ALIDJANI, P/Z JIM SHEARER, P/Z 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 MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELlM & 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 RECLAMATlO~!(PRELIM & FINAL PL?T) CITY FILES OTHER: YOUR CONCISE REMARKS: Nampa & Melidian Irrigation District has no comment on the annexation and zoning for Pine Meadows. CITY PLANNER ~;Qi ~~serti Bill enson, Foreman Nampa & Meridian Irrigation District CHECKMATE TEL:208-377-9836 • - Ron Walsh P•~. Boy 995 fVt~ridia~, Ida~~,o 8680-4995 March 31,1994 Mr. Dennis W. Hicks 3Q1$ whitepost way Eagle Id. 83616 Re:1VJvridian ~tvxation Mr. hicks Mar 31 94 11:37 No .002 P.02 I awn the prapvriy an thr~ attxahed Notice OfHearirz$. 'Iha Ada C.'a~uity liacords c3id not have their files cr~neayt whets we sent the rioticen out ~d le#t you o$ ~e list. If Yau would please accept the attachod Natioe OfHaaru~ and sign the npte on the delay it would really heip_ I will pick up the signed cagy at your convenience. 'lrou csix call me airy time ifyau have queEtions, I have received fire Notice OfHearing af'the 23.3 acres to be held ott April 12, 1944.. I undvrstartd that. my notice is less than the rc~quirvd 15 days fatld accept this TlOt1CP._ Daimie'UV. Hicks parcel # S11OS346GD0 That~lt au lion Walsh 939-2423 n MERIDIAN PLANNING & ZONING COMMISSION MEETING: MAY 1Q 1994 APPLICANT: RON WALSH AGENDA ITEM NUMBER: 2 REQUEST: TABLED AT APRIL 12 1994 MEETING• ANNEXATION AND ZONING REQUEST (REFER TO PACKET FROM APRIL 12 1994 MEETINGi A EN Y ~ COMMENTS 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: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: MERIDIAN PLANNING ~ ZONING COMMISSION MEETING: June 14.1994 APPLICANT: RON WALSH AGENDA ITEM NUMBER: 7 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR PINE MEADOWS GENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: FINDNGS OF FACT AND CONCLUSIONS OF LAW CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: ~ ~ MERIDIAN CITY COUNClI MEETING: July 19,1994 APPLICANT: RON WALSH AGENDA ITEM NUMBER: 1T REQUEST: _ PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: 3EE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: SEE ATTACHED COMMENTS MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET' NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: SEE ATTACHED COMMENTS INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: r _ ~1 /~ HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer RONALD R. TOLSMA GARY D. SMITH, P.E. City Engineer CITY OF MERIDIAN MAX YERRINGTON ROBERT D. CORRIE BRUCE D. STUART, Water Works Supt. WALT W. MORROW JOHN T. sHAwcROFT, waste water su pt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief MERIDIAN IDAHO 83642 Planner & Zoning Administrator WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-0433 • FAX (208) 887813 JIM JOHNSON Public Works/Building Department (208) 887-2211 Chairman -Planning 8 Zoning MEMORANDUM GRANT P. KINGSFORD Mayor T0: Planning 8 Zoning Comm'ss n, Mayor and Council l~r~ ~ FROM: Shari L. S Pl~nnin 8 Zon'n g i g Administrator .__. . DATE: April 8, 1994 "' ' SUBJECT: Annexation and Zoning for Pine Meadows This annexation and zoning complies with the Comprehensive Plan. A Mixed PUD zone has been requested; this zone will be included in the revised Zoning and Development Ordinance. Part of the requirements of the zone will be that future development will be subject to a Conditional Use Permit. A park is identified in the Comprehensive Plan for this area. Any future Conditional Use Permit will require a park dedication to the City unless the developer provides private recreation space maintained by a homeowners association. I would request that the public hearing be held on the annexation request but then tabled pending adoption of the new MPUD addition to the Zoning and Development Ordinance. I recommend the annexation be approved subject to receipt and approval of a Development Agreement. i ~ ~1 BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION RON WAL•SH PINE STREET DEVELOPERS PORTIONS OF PLEASANT VALLEY SUBDIVISION INCLUDED IN 3ECTION 8 T. 3N. R. lE. B. M. ADA COUNTY ANNEXATION AND ZONING PINE MEADOWS MERIDIAN. IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on April 12, 1994, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Aall, 33 East Idaho Street, Meridian, Idaho, and the Commission having heard and taken oral and written testimony and the Applicant appearing, and having duly considered the matter, the Planning and Zoning Commission tabled this matter to the May 10, 1994, meeting to hear specifically from Applicant what the zoning request will be, makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for April 12, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the public was given full opportunity to express comments and submit evidence; that copies of all notices were available to newspaper, radio and television stations; that the matter was FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 1 f { ~ , tabled until May 10, 1994, for clarification of the zoning by, Applicant. 2. That the property included in the application for annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is approximately 23.3 acres in size. 3. That the property is presently zoned by the county; that the Applicant requests that the property be zoned R-15 by the city of Meridian. 4. The general area surrounding the property is used agriculturally and residentially; that some of the property to the north across Fairview Avenue is platted for commercial and residential uses; that there is ground platted for light industrial to the south and east of this property; there is unplatted ground to the west. 5. That the property is adjacent and abutting to the present City limits. 6. The Applicant is not the owner of record of the property; the owners of record are Dee and Helena Lowe, Jim and Lisa Beard, and John Wasden; that the owners have submitted consents to this annexation and zoning request. 7. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 8. That the parcel of ground 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 2 s ~ ~ Meridian Comprehensive Plan. 9. There were no people appearing at the hearing either to object or to support the Application. 10. That the Applicant did not indicate the intended development of the property, did not submit any development proposals, and only submitted the request for R-15 zoning as of April 28, 1994; at the hearing the Applicant, Ron Walsh, stated that he was not particular about the zoning but would take an R-15 zoning; that the Applicant did not indicate that there was park land or an open space corridor proposed in his development. 11. That in the Rural Area section of the Comprehensive Plan, Land Use, Rural Areas, Section 6.3, it does state that land in agricultural activity should so remain in agricultural activity until urban services can be provided. 12. That Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed. 13. That the property can be physically serviced with City water and sewer if the Applicant extends the lines. 14. Meridian Police Department, Meridian Fire Department, Meridian School District, Central District Health Department, Nampa Meridian Irrigation District, U. S. West, the Meridian Planning Director, Meridian City Engineer and the Ada County Highway District submitted comments and those comments are incorporated herein as if set forth in full. 15. That the City Engineer, Gary Smith, commented, among FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 3 i ~ /'~ other comments, that a sanitary sewer line exists along the north side of Fairview Avenue approximately 270 feet west of the northwest corner of Lot 6 and that a sanitary sewer line exists approximately 600 feet south of the south boundary of Lot 7; that no information was presented to show how this parcel would be sewered by gravity; that a water line exists along the north side of Fairview Avenue that is adjacent to this parcel and that a water line exists approximately 600 feet south of the south boundary of lot 7. 16. That the Planning Director, Shari Stiles, commented that the annexation and zoning complies with the Comprehensive Plan; that a park is identified in the Comprehensive Plan for this area; she requested that the Application be table until a new Mixed Planned Use Development zone was adopted; and she stated that the annexation could then be approved subject to receipt and approval of a development agreement. 17. The Meridian School District's comment on this annexation request was that it will accelerate the need for the District to construct additional classrooms and/or adjust attendance boundaries; Meridian schools do not have excess capacity; and it asked for support of a development fee statute on new home construction or a real estate transfer fee to help offset the costs of building additional school facilities. 18. That the property is shown on the Meridian Comprehensive Plan as being in a Mixed/Planned Use Development area. 19. That the R-15, Residential District is described in the FINDINGS OF FACT. AND .CONCLUSIONS OF LAW Page 4 Zoning Ordinance, 11-2-408 B. 5 as follows: (R-15) Medium Sigh Density Residential District: The purpose of the (R-15) District is to permit the establishment of medium-high density single-family attached and multi-family dwellings at a density not exceeding fifteen (15) dwelling units per acre. All such districts must have direct access to a transportation arterial or collector, abut or have direct access to a park or open space corridor, and be connected to the Municipal Water and Sewer systems of the City of Meridian. The predominant housing types in this district will be patio homes, zero lot line single-family dwellings, townhouses, apartment buildings and condominiums. 20. That the Meridian Comprehensive Plan, under Land Use, Residential Policies, 2.1U states as follows: "Support a variety of residential categories (urban, rural, single-family, multi-family, townhouses, apartments, condominiums, etc. ) for the purpose of providing the City with a range of affordable housing opportunities." 21. That the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.3 c., it states as follows: "Within the Urban Service Planning Area development may occur in densities as low as 3 dwellings per acre if physical connection is made to existing City of Meridian water and sewer. service and the property is platted and subdivided . .' 22. That the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.4, it states as follows: "Residential development is allowed in the rural area provided that said development does not exceed the Rural Residential Agricultural density, unless it is inside the Urban Service Planning Area and City sewer and water is provided, then Low, Medium and High density residential may be considered. All residential development must also comply with the other appropriate sections of this plan." 23. That the Meridian Comprehensive Plan, under Housing, Housing Policies, at page 66, it states as follows: "1.1 The City of Meridian intends to provide for a wide diversity of housing types (single-family, modular, mobile homes, multi-family, townhouses, apartments, condominiums." FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 5 /'\ "1.3 An open housing market for all persons, regardless of. race, sex, age, religion or ethnic background." "1.4 The development of housing for all income groups close to employment and shopping centers should be encouraged." 24. That there is a population influx into the City of Meridian at the present time which has been going on for some time and is likely to continue; that the land is relatively close to Meridian and economic conditions are making it difficult to continue farming in the area. 25. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents ~or imposing substantial additional costs upon current residents to accommodate the subdivision."; that the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and to those moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian School District which provide school service to current and future residents of the City; that the City knows that the increase in population does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks and recreation services; and the City knows that the FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 6 i"~ n, increase in population does not provide sufficient tax base to provide for school services to current and future students. 26. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer ,fee on residential property, which if possible would be retroactive and apply to all residential lots in the City, because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 27. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (10') wide." 28. That Section 11-9-605 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part.of the normal street right of way or utility easement." 29. That Section 11-9-605 H 2. states as follows: "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision;" 30. That Section 11-9-605 R states as follows: "The extent and location of lands designed for linear open space corridors should be determined by natural features and, to lesser extent, by man-made features such as utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi- improved areas (a landscaped pathway only), or unimproved FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 7 areas (left in a natural state), linear open space corridors- serve: 1. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; 3. To play a major role in conserving area scenic and natural value, especially waterways, drainages and natural habitat; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities." 31. That Section 11-9-605 L states as follows: Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Council shall consider the Bicycle-Pedestrian Design Manual for Ada County (as prepared by Ada County Aighway District) when reviewing bicycle and pedestrian pathway provisions within developments. 32. That section 11-2-417 D 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. 33. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission were given and followed. CONCI~US I ONS FINDINGS OF FACT .AND CONCLUSIONS OF LAW Page 8 r~ n 1. That all the procedural requirements of the Local' Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of .,notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a Legislative function. 3. That the Planning and Zoning Commission has judged this annexation and zoning application under Idaho Code, Section 50-222, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and~the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant, with the consent of the owners of the property, and is not upon the initiation of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 9 !'~ n 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P.D 1075 (1983). 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, Section 11-9-605 M., which pertains to the tiling of ditches and water ways, and Section 11-9-606 B 14, which pertains to pressurized irrigation; that the Applicant will be required to connect to Meridian water and sewer; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance; that, as a condition of annexation the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, R, and L; that the development agreement shall, as a condition of annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any impact fee or transfer fee adopted by the City; that there shall be no annexation until the requirements of this paragraph are met. The development agreement, as a condition of zoning, shall also specifically address the use and development of the subject property as allowed in 11-4-417 D; that the parcel shall not be annexed by ordinance until the development agreement is entered FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 10 ,^ /~ into by the Applicant and the owners, and the City of Meridian; that the Applicant may have to apply for different zoning than the R-15 to meet the development requirements and the interests of the Applicant, which will require additional application, fees, notice and hearings. 10. That the Applicant's property would be in compliance with the Comprehensive Plan if it is developed as a planned development, and therefore the annexation and zoning Application is in conformance with the Comprehensive Plan. 11. That the requirements of the Meridian City Engineer and of the Nampa & Meridian Irrigation District, Meridian Fire Department, U. S. West, and the comments of the Meridian Planning Director and City Engineer and these Findings and Conclusion shall be met and addressed in the development Agreement. 12. That all ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled the property shall be subject to de-annexation; that the Applicant shall be required to install a pressurized irrigation system, and if not so done the property shall be subject to de-annexation. 13. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance. 14. That proper and adequate access to the property is available and will have to be maintained. FINDINGS OF FACT-AND CONCLUSIONS OF LAW Page 11 . , /'~ 15. That these conditions shall run with the land and bind the applicant, the titled owners, and their assigns. 16. With compliance of the conditions contained herein, the annexation and zoning would be in the best interest of the City of Meridian. 17. That if these conditions of approval are not met the property shall be subject to de-annexation. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) VOTED VOTED VOTED VOTED VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning as stated above for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law but that no annexation ordinance be passed until a development agreement, including a commitment for use and development, is entered into. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 12 ,. ~ , /~ ~ APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions this _~ day of July, 1994. ROLL CALL COUNCILMAN MORROW COUNCILMAN YERRINGTON COUNCILMAN CORRIE COUNCILMAN TOLSMA MAYOR KINGSFORD (TIE BREAKER) (INITIAL) ~r APPROVED VOTED ~ ~ VOTED yE ~ ~ ~ VOTED E ~ ~ ~ VOTED VOTED DISAPPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW -- /C'aiSl ~c~i~1LS,~-( /'~ ~„~ . HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS RONALD R. TOLSMA WILLIAM G. BERG. JR., City Cterk .!ANICEL.GASS,CityTreasurer CITY OF MERIDIAN OBERTD!CORRIE GARY D. SMITH, P.E. City Engineer WALT W. MORROW BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 - Planner a zoning Administrator W.L. "BILL" GOROON, Police Chief JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 88813433 • FAX (208) 887813 Chairman -Planning & 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, may we have your answer by: April 5. 1994 TRANSMITTAL DATE: 3/14/94 HEARING DATE: 4/12/94 REQUEST: Annexation and zoning for Pine Meadows BY: Pine Street Developers and Civil Survey Consultants LOCATION OF PROPERTY OR PROJECT: 1000' feet east of Locust Grove on South side of Fairview JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P/Z 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 & 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 8t FINAL PLAT) BUREAU OF RECLA ON(PRELiM 8t FIIyA~. PLAT) CITY FILES ( S ~ - OTHER:_ ~- /~ YOUR CONCISE REMARKS: ____ _ _ ~ ~ i"~ HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer CITY OF MERIDIAN RONALD R. TDLSMA MAX YERRINGTON GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. ROBERT D. CORRIE ._ W~ W~ MORROW ~ r. ' + { ~ Y 1 F JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO ~~~ :,TILES ' ig1~ L CtJ KENNY W. BOWERS. Fire Chief MERIDIAN, IDAHO 83642 - - Planner 8 Zoning Administrator W.L. "BILL" GORDON, Police Chief JR Attorne CROOKSTON YNE G Phone (208) 888433 • FAX (208) 887-4813 MqR ~ R 1/y~~1u1 JOHNSON , ., y . WA `~hahMSh lPlanning 8 Zoning Public Works/Building Department (208) 887-2211 crr~ ~~~ ~x,.,.;;. ~ ° "r"""' ~''~' ~ t `j GRANT P. K[NGSFORD ' 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, may we have your answer by: April 5. 1994 TRANSMITTAL DATE: 3/14/94 HEARING DATE: 4/12/94 REQUEST: Annexation and zoning for Pine Meadows BY: Pine Street Developers and Civil Survey Consultants LOCATION OF PROPERTY OR PROJECT: 1000' feet east of Locust Grove on South side of Fairview JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P/Z 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 & 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 8t FINAL PLAT) BUREAU OF RECLAMATION(PRELiM 8~ FINAL PLAT) CITY FILES OTHER:... ~ l~`g YOUR CONCISE REMARKS: /~ /~!' L ~ 1 ~?~+~- Cad ~ ~ ~~T '7L ~ I f A /!//L ~ ie d f~ O .~ _2r ~I Q ~~ ~/~ EXCEL! ~Z ~~~\r~~ ~ /'~ ~~~~~~~~ MAR 2 4 194 ~ERINTENDENT OF SCHOOLS Bob L. Haley DEPUTY SUPERINTENDENT Dan Mabe, Finance & Administration DIRECTORS Sheryl Belknap, Elementary Jim Carberry, Secondary Christine Donnell, Personnel Doug Rutan, Special Services JOINT SCHOOL DISTRICT N0.2 911 MERIDIAN STREET • MERIDIAN, IDAH083642 • PHONE (208) 888-6701 March 22, 1994 City of Meridian 33 East Idaho Meridian, Idaho 83642 Re: Pine Meadows Annexation and Zoning Dear Councilmen: I have reviewed the application for annexation and zone change from Pine Street Developers. This annexation and rezoning will accelerate the need for Joint School District No. 2 to construct additional classrooms and/or to adjust school attendance boundaries. Meridian Schools do not have excess capacity. Nearly every school in the district is beyond capacity. The Meridian School District supports economic growth for Idaho and specifically the district's area, but such growth produces a need for additional school construction. We ask your support for a development fee statute on new home construction or a real estate transfer fee to help offset the costs of building additional school facilities. If this support is lacking then we ask that additional residential development be denied. Residents of the new subdivision cannot be assured of attending the neighborhood school as it may be necessary to bus students to available classrooms across the district. We ask that you assure the developer will provide walkways, bike paths and safe pedestrian access. Sincerely, Da"n Ma~" Deputy Superintendent DM:gr /'~ HUB OF TREASURE VAL. ~ ~'' OFFICIALS COUNCIL MEMBERS A Good Place to Live WILLIAM G.BERG,JR.,CityClerk ~~~~ ~~~~R TOLSMA JANICEL.GASS,CityTreasurer CITY OF MERIDIAN ~ INGTON GARY D. SMITH. P.E. City Engineer R D. CORRIE BRUCE D. STUART, Water Works Supt. ~~~ ^ ~ ~~~ .MORROW JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO L RI STILES KENNY W. BOWERS, Fire Chief ... - Planner 8 Zoning Administrator MERIDIAN IDAHO 83642 r W.L. "BILL" GORDON, Police Chief ' ~N I r V a~ .`~i~t.,iCytTYt>1Q~~ON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887-4813 Chairman .Planning & Zoning Public Works/Building Department (208) 887-22 ~~ ~ ~ ~"1 t~U U~~~ GRANT P. KINGSFORD Mayor ~ ~ ~ b~l~ ~~~', ~r f NAMPA & MERMAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON I~Lr''~19I1t1t~PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, may we have your answer by: Aaril 5. 1994 TRANSMITTAL DATE: 3/14/94 HEARING DATE: 4/12/94 REQUEST: Annexation and zoning for Pine Meadows BY: Pine Street Developers and Civil Survey Consultants LOCATION OF PROPERTY OR PROJECT: 1000' feet east of Locust Grove on South side of Fairview JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/2 CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, CJC MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER 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 & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF REGLA.MATIO!~1(PRELIM ~ F!NAL PL?T) CITY FILES OTHER: YOUR CONCISE REMARKS: Nampa & Melidian Irrigation District has no comment on the annexation and zoning for Pine Meadows. CITY PLANNER ~ ;2® ,dll~~rserti Bill enson, Foreman Nampa & Meridian Irrigation District HUB OF TREASURE VALLEY COUNCIL MEMBERS OFFICIALS A Good Place to Live RONALD R. TOLSMA WILLIAMG.BERG.JR.,CityClerk City Treasurer GASS JANICE L CITY OF MERIDIAN MAXYERRINGTON ROBERT D. CORRIE . . GARY 0. SMITH. P.E. City Engineer WALT W. MORROW BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO SHARI STILES JOHN T. SHAWCROFT, waste water supt. " ' planner 8 Zoning Administrator KENNY W. 80WERS, Fire Chief _ MERIDIAN IDAHO 83642 ~ " ; ~ ~ " Y~V ~ "" '~' ~~ ' , a ~ , . W.L. "BILL" GORDON, Police Chief __ r^ : ". ' Phone (208) 888-0433 • FAX (208) 887813 "~'~"' ~ ~~ ~ JIM JOHNSON Chauman -Planning 8 Zoning WAYNE G. CROOKSTON. JR., Attorney Public Works/Building Department (208) 887-221 l ;~ GRANT P. KINGSFORD r"'' 1 Mayor ' . Y ~ ' '` .. . .n.:. E . ~Y r :l u{. 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 8~ Zoning Commission, may we have your answer by: April 5, 1994 TRANSMITTAL DATE: 3/14/94 HEARING DATE: 4112/94 REQUEST: Annexation and zoning for Pine Meadows BY: Pine Street Developers and Civii Survey Consultants LOCATION OF PROPERTY OR PROJECT: 1000' feet east of Locust Grove on South side of Fairview JIM JOHNSON, P2 MOE ALIDJANI, P2 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 ~ 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: (~ .~ ~ 5 t 1-uzJ /'1 C G'riVC GLENN J. RHODES. President SHERRY R. HUBER, Vice President JAMES E. BRUCE, Secretary TO: FROM: SUBJECT: ACRD Commission Development Services /`~ Sr;"'Ep, -L`~PA.iZT":ENT CGP,RESPONDENCE N;ERP.XFLG/DSTECH 4-~-`~~ PATE: March 23, 1994 Meridian Annexation Fairview e/o Locust Grove Mixed/PUD (Applicant - Ron Walsh, P.O. Box 995, Boise, ID 83680-0995} (Rep.resentative - same) FACTS ~ FINDINGS: 1. Ron Walsh is requesting annexation into the City of Meridian for 23.3 acres of property located on the south side of Fairview Avenue approximately 300-feet east of Dixie Lane. 2. GENERAL INFORMATION: ACRES - 23.3 ZONING - Mixed/Planned Unit Development (requested) ESTIMATED VEHICLE TRIPS PER DAY - Dependent on specific site plan TRAFFIC ANALYSIS ZONE - 269 L.F. OF FRONTAGE ON Fairview Avenue -- 189-feet MOST RECENT TRAFFIC COUNTS - Date 1992 Volume 6,487 FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Principal Arterial ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - Route EXISTING RIGHT-OF-WAY - 100-feet REQUIRED RIGHT-OF-WAY - 114-feet (57-feet from centerline Fairview Avenue is improved. with 70-f_eet of paving. IMPACT FEE BENEFIT ZONE - West Ada IMPACT FEE ASSESSMENT DISTRICT - Western Cities 3. The applicant may be required to subanit a traffic impact study to the District for any development of this parcel subject to the scope of the project. The applicant should coordinate any design work with District Traffic Services. staff prior to submitting a specific site plan to the City of Meridian. ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 ,] " .~ = m > m2N0 ST W ? °n L O~~ C ~~ ~. y « 1ST ST W ~ Om O I -- Z ~ < ^~ ~ r MERIOIArI RO ~ ~ D r ' _ . - DUW RD. MER[L~tAMt t~t~~a m MEPIgA -~ ST ~ ~ ~ r ~ . ... -----------~ ---- -- ~ tST ST E ~,/ ~ / _ - --__ fAUTH lN ~~ OmO i~ IIII I OD r ';, ST E 1 ~ ill • Lam. Z Z ...Z p"'.~ ~~~j[''~!_~~' y S.. 'i f+.•~ 3 II~•• ~ D ai v m 1.. ~ ``~ A, Yltiw 1 :, x 7R0 ST m ~ D E ~ 7 , -yi JAMIE 9 ~wv ~~ a .~ ~ ~ ~ CURT OR , ~ I - `} o.. " 5TH Si E z O+ > < < ~ LN . . 1~'.•~ 1 ~ LARK u-+K m ~ ~ ~ j ; < ~^ C ATH r IN < D > C1 ~ AV Z~ ~ ~ (PVT 1 , I O .~ N ~ r m. D ~ < IPVT 1 > 10TH A N. ~ u• m n~ f TEARF. m z C < ~ > AV m BRI > OT,r to BLACK I ~ < : ~ TAM r •a0~ BEAR WY. 1 c) SANOIIN O ~ 111 x AV m < Pl ~ aLJ ~BC,~T m ~ O r~ SHIRE PL. m JERICHO lyy F,~'y ~b I STONEHENGE I NGE wv • -' 'f' y F n ~.AROL ST. l I ~ wrr ~d £ ZIRCON VF ADKINS RD y~d~ - ~ ~ n r. z A SHOVEWLE,,R WY. Z ~ _ D ~STIN PL. ; CJ~ .`, .~ SAPPP`I ~, '"- 1. ... ~. 1. _----._... .... -.,.. „ ~ SCRI) NER WV. H LOCUST GROVE~RD J ~ CARDL ST. ~ AM H, LCD ~ ~T ~ R~`f E R~AL'~ a ~ _~~jp` ; _ 'rye . ~_._-..., ----- ~--- ~----------- ~ -- > / Z - f N x SEQUOIAS -.r ~ PL. t ; AV. fA -. r z ~ ~- F cTm m oGl m z L. ~ ~~ ~ im'.. p.SPANGLE I _ . L ~ F UCHRI ~ ~ ~' ~. ~. DIXIE LN. ~~. ~' OGE AV: ,_ ~ - a"_... 'may 0 IE ~PL 1 - ~` O x MEAOOWGCEN PL: _ ~ .~ > ~ a ~ ~ lOCF1~ ~• I C < MEADOW GT, p, OP OEVII AV zf rgK)T i ~ °nd11 VANGATE LN. (PVT.) (a p , - < ~ YVING~ITE PL.~ - ~ N m F 1 .~. ' HICKOar 1 ,V < C D ~ ' D~ ~ TIN m D ~-~ a N t/1 C to y m m . ~ <F Yl N c f S~ f) > r /~ ~ ` D r to Al V1 ~ OLIVE Av jn m D r m _E RD N+ ~ EAGLE RD. vC~~~ ~~ ~ ~ii~ ~ ~ Z Z m D G ri-iii•~i m ' 2 _____. _.._.. _- _ - m T D m D ay! -I F 1 D • C ti I N () x j~ D O - ~ m w a> c~C Z g MAAI _ ~ - o EDELWEISS ST. m D 1._ .y~ ~ ~ LANCFq T ~' r ~ Mvc /•' ~ e~WOOD 5~M31 9m m OR~N R_ y ,~ p p ~ J •.9W~ E~PP to ` ~ ° ~ < r d ~ ~ O D D ~0~ Q m ~RESWEI wr SOME Ci m ~ ~ ~ p n D uK ROVE F,. r r-,. ~° ~e0e~ ~ c ~ n H ~ n; " ~ Pa' tlOm ~~ ~ D O A rjd ry N~5`.~ x u m x SINGS P ~ ~~ - m f ~ ~ O ~ TATTEN M µry TA' RSO D O Q FDA '. LENA Pl ~ ~ Z ~ COLUM9INE 2 < ~t^ CRIBBENS ST > ~ CPoBBENS AV ~~ NE AV m o m O o f , czi a' < r ~ > D z ~ BRYSON RO ~ TUMBLE VvEEO .ar > _ ~ ~ Pl w v. ., 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 Chfel W.L. "BILL" GORDON, Police Chief WAYNE G. GROOKSTON, JR:, Attorney DATE: /'~ /'~ HUB OF TREASURE VALLEY A Good Place to Live CITY OF 1~~IERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 " Phone (208) 888433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor FACSIMILE COVER SHEET ~~/9N DELIVER FAX TO:~ TITLE/DEPARTMENT: COUNGLMEMBERS RONALD R. TOLSMA M/-)(yERRINGTON ROBERT D. CORRtE WALT W. MORROW WAYNE 5. FORREY, AICP planner 6 Zoning Administrator JIM JOHNSON Chairman -Planning 8 Zoning TIME: ~ ~ ~~ ~l~ ~ RECEIVING FAX NUMBER: ~ ~~ _ ~~~~~ CONFIDENTIAL: YES NO TOTAL NUMBER OF PAGES INCLUDING COVER SHEET: FROM CITY OF MERIDIAN - FAX NUMBER (208) 887-4813 NAME: ~.C~/l~/~i ~~ /~S DEPARTMENT: ~~F ~ ~or~~~~ ~~r" ' " ~ TITLE/ ~ C~ PHONE NUMBER: ~"~~ ~/ ~~ COMMENTS: ~l~~s>~ S~-~cJ I P ~/ P/ /~~(~~S ~'~S' ~l ~ff ~' ~ ~~ T~ u7or~ ~~ r -/S ~ ~~~.r/~ ~~ ~~~~ ~ ~~ ~~ 1. PLEASE CALL IF ~ YOU DO NOT RECEIVE ALL FAX TRANSACTIONS SUCCESSFULLY. CHECKMATE TF~.~208-377-9836 Apr 22 94 1(~8 Mo.001 P.01 Meridian City Council July 19, 1994 Page 37 Corrie: I have one comment that when State Street goes clear to Linder and come around that you don't have a lot of traffic coming from that high school down there to get to Pine. That is the only thing that bothers me about opening to Pine Street. I am afraid you are going to see a lot more traffic than anticipate. I hope I am wrong, but it could be that you are going to get a lot of cruising down Street. Tolsma: What is your pleasure? Corrie: Mr. President, do we need to add anything to the motion for preliminary plat approval in reference to property line problems or anything like that? Crookston: No Corrie: Mr. President, Crookston: He will have to submit the legal description Corrie: Mr. President, I move that we approve the preliminary plat for Canna Lily Estates with the condition that Pine Street entrance will be part of the subdivision. Morrow: Mr. President, I would ask that Councilman Corrie amend that motion to include the 1400 square feet requirement on the plat and the addition of the CC&R's and the ditch agreement to furnish water to the Cope place with his consent if he will amend the motion I will second the motion. Corrie: Yes I will. Morrow: Second Tolsma: Moved by Bob Corrie, second by Walt to grant the request for preliminary plat for Canna Lily Estates subject to water being made available to the Cope residents and CC&R's be provided with a 1400 square foot minimum and a Pine Street access, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #18: PUBLIC HEARING: REQEUST FOR ANNEXATION AND ZONING FOR PINE MEADOWS: Tolsma: I will now open the public hearing, I will ask the representative for Pine Meadows make his presentation. Meridian City Council July 19, 1994 Page 38 John Wasden, 4844 Cresthaven Circle, Boise, was sworn by the City Attorney. Wasden: I am standing in for Ron Walsh who is out of town. We don't have a final concept for the project yet, this 23 acres that we are requesting the annexation and zoning on is part of a larger project that extends from the proposed extension of Pine Street down to Fairview. We are working with the Meridian staff and we will meet all the reasonable requirements and recommendations and we intend to sign a development agreement. We are also committed to meet the Comprehensive Plan in that it calls for a park in that are so we are committed to donate the acreage that amounts to meet that requirement. Thank you. Tolsma: Any questions? Morrow: This is for R-8 zoning? Wasden: R-15 I believe. Corrie: Did Shari leave? Yerrington: What is your width on the Fairview into this property? Walden: I don't know, I am not the agent that is Ron Walsh, Shari could probably answer that question better than I. Yerrington: Isn't there a home sitting on the back part of it Wasden: There are a couple of homes sitting on the property, the property is owned by 3 parties, the Lowes, the Wasdens and the Beards. And the Lowes home is sitting on the property which we currently own and are renting out the Jensen home is sitting on the property and we are renting that out until a development proceeds. Corrie: There is no deed restriction on that property that you are aware of? Wasden: Is a deed restriction like an easement? Corrie: Somebody told me there was a deed restriction from way back that it had to be strictly homes or residential area, do you know anything about that? Walden: I haven't heard that. On which property? Corrie: I guess that whole section in there, I am not aware of what they were really talking Meridian City Council July 19, 1994 Page 39 about but I thought I would bring it to your attention in case. Wasden: I will bring that up to Ron, should ask him to talk to the Title Company? Cowie: I would think that would be a good idea, F don't know of going anywhere with it but if it is it may restrict. you in doing something. (End of Tape) Cowie: Did Shari is she here? I had some questions on that Mixed PUD that she was talking about. I have no further questions? Tolsma: Anybody else wish to offer testimony on the Pine Meadows? Seeing no one I will close the public hearing. Council members what is your decision? Morrow: Well, quite candidly it is a little tough to deal with the issues here because we are a little vague in terms of, apparently according to a letter date dated April 28th there is a request for a change to reflect a new zoning of these parcels to R-15. Shari Stiles, 33 East Idaho, was sworn by the City Attorney. Corrie: Shari, in your comments of April 8th you mentioned the Mixed PUD zone has been requested. You suggest that we take the public hearing and then table it pending adoption of the new PUD as an addition to the zoning and development ordinance. Do you still think that is apropos now with this one? Stiles: Councilman Corrie I don't because he has changed his request to R-15. Morrow: My question is R-15 compatible to the adjoining parcels, for example Danbury Fair and those types of things where they have the R-8 zoning? Stiles: It is difficult to tell until you actually see the development that is proposed. One thing that would be required is the park and they have indicated that it would be in the southwest comer of the property. And I think that would be a good buffer for the Danbury Fair. I don't know what is going to be proposed as part of this development as far as units whether it is multi-family or what. I think those can be addressed at that time. There would need to be some buffering and landscaping and fencing provided as part of the development agreement. Morrow: Are you comfortable, obviously we have our most control at point of annexation. Are you comfortable with this proposal as it is being presented in terms of R-15 that we Meridian City Council July 19, 1994 Page 40 can protect the surrounding uses that already exist by way of the development agreement and those kinds of things or do we need to put conditions on this annexation at this point in time to ensure those things such as the park? Stiles: Councilman Morrow, I do believe that the park should definitely be made a condition of the annexation. It is required in our ordinances that R-15 be adjacent to a park. Being that the Treasure Valley Business Center is on the east and is an industrial zone some consideration will have to be made for the residents in this new annexation and that there be some buffering from that industrial use as well as the lower density residential to the west. But I believe that should be made a condition of the annexation. There is nothing currently there to the west, but it is being proposed as residential I believe. Morrow: If I understand what you are saying is that we make the park a condition of the annexation, then we determine the development of the park and what is acceptable to respect to what is in the park or how the park is done as part of the agreement when the preliminary plat would come through, is that what you are communicating? Stiles: Well, the development agreement is actually a condition of the annexation itself, since we don't have any plat it is hard to place an conditions specifically to the plat but some of those conditions can be addressed in the development agreement. Morrow: What I am concerned about here is that everybody has a different definition of a park, I don't want to see a park that (inaudible) and nothing but flat grass. And this is obviously not what any of the 6 of us have in mind when we are talking about a park. What I am asking for is your advice in terms of at the point of annexation which is tonight can we make annexation contingent upon the park being involved. But you can structure the development of the park through the preliminary plat and the development agreement. We can get what we are after at that point is that correct? Stiles: I am not sure, Counselor? Crookston: The recommendation of the Planning & Zoning Commission was that no annexation and zoning be passed until a development agreement including a commitment for the use and development is entered into. So I think if you want to do that it is appropriate to hold off on the actual annexation ordinance until you have the development agreement which can include the park or should include the park. Morrow: Run me through what happens, we do the annexation tonight but we don't pass the ordinance until all of these things are in place, is that correct? Meridian City Council July 19, 1994 Page 41 Crookston: You make a motion to approve of the annexation when the development agreement is submitted and approved. ~ . Corrie: Mr. President, I have a question of Wayne Forrey since he is. here. Does the high density fit in the Comprehensive Plan at that errd of town or are we trying to keep it more in the central area high density and as we move out lower density. I noticed you mentioned in the letter here we anticipate being high density housing in this area but if we get an R-15 that can be pretty high density. What are your comments on that? Forrey: I believe the Comprehensive Plan for this are of the community was anticipated mixed planned use development. And the Comprehensive Plan now adopted does indicated it would include a variety of uses, medium density residential was one of the uses specifically identified in the plan as a desirable land use as long as it was properly planned and designed and coordinated with other uses in the area. There were no density quidelines in the comprehensive plan what may be high density in Meridian may be low density in another area or vice versa. Most cities would tend to view high density at about the 20 units per acre and up density level. Generally between 8 to 15 to 20 units is generally considered medium density. I don't know if that helps. Corrie: That is all I have. Tolsma: All we need now is a motion. We have to approve the findings. Morrow:. Mr. President I would move that we would approve the findings of fact and conclusions of law as written for the P & Z. Yerrington: Second Tolsma: Moved by Walt second by Max to approve the findings of fact and conclusions of law as prepared by the P & Z roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea MOTION CARRIED: All Yea Corrie: Mr. President, I move that we approve the decision and recommendation of the findings of fact and conclusions. Yerrington: Second Tolsma: Moved by Bob, second by Max to approve the decision, all those in favor? Meridian City Council July 19, 1994 Page 42 Opposed? MOTION CARRIED: All Yea Wasden: Just as a clarification on the park, we were contributing part of the park the other part was to come .from the neighboring developer is that your understanding. From listening 1 got the feeling you though we were contributing the whole park. Morrow: That is what I was searching for. Wasden: Right and I never clarified that. As I understand it is a 5 acre park that the City is looking for of which we have been asked for 2 acres. That is the commitment we made of 2 acres and we weren't committed to develop that but to donate the property. We have just been asked to donate the area not develop it. Morrow: It would appear that is a grey area, probably in terms of us if I understand what we have done with the findings of fact and conclusions by approving them the development agreement would be subject to negotiation between our staff. Wasden: I just want to get an understanding on the record. ITEM #19: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR PRESTON'S ASPEN GROVE ESTATES BY SHEKINAH INDUSTRIES: Tolsma: I will open the public hearing and ask the developer to step forward. Mike Preston, 420 Bitterroot Drive, Boise, was sworn by the City Attorney. Preston: Mr. Chairman, in relation to our meeting with the Planning and Zoning Commission essentially the findings of fact and conclusions of law they recommended on the annexation, rezone and preliminary plat that I have submitted on this project require me to down zone the R-15 to R-8 and R-4 and change things about a bit, hold off the annexation and then go through a new process. If I am willing to do that they would approve a development of this site if I am not they recommend you deny this. I would like to, I was surprised to get this type of response was not discussed at the hearings it was issued after the fact. It kind of took me back and surprised me for several reasons. The property that I am proposing here, I think you have seen the development layout is located at Franklin Road and Locust Grove. It is 40 acres with the exception of 4 residences that take up about 6 or 7 acres out of that. It goes right up Franklin Road and Locust Grove on the southwest corner of that intersection. I am proposing 131 units, single family Meridian Planning & Zoning June 14, 1994 Page 7 ROLL CALL VOTE: Hepper -Aye, Rountree -Aye, Shearer -Aye, Alidjani -Aye MOTION CARRIED: All Yea Alidjani: Furthermore, I make a motion that the Meridian Planning & Zoning Commission hereby recommends to the Meridian City Council of the City of Meridian that they approve the annexation and zoning as stated above for the property described in the application with the conditions set forth in the findings of fact and conclusions of law and that if the conditions are not met that the property be de-annexed. Rountree: Second Johnson: It is moved and seconded that we pass on a favorable recommendation onto the City Council as stated, ail those in favor? Opposed MOTION CARRIED: All Yea ITEM #7: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR PINE MEADOWS ANNEXATION AND ZONING: Johnson: Any discussion regarding these findings of facts? If there is no discussion or comments 1 will entertain a motion on the findings of facts. Alidjani: Mr. Chairman, I make a motion that the Meridian Planning & Zoning Commission hereby adopts and approves these findings of fact and conclusions. Hepper: Second Johnson: It has been moved and seconded to adopt the findings of fact and conclusions of law as prepared by the City Attorney, roll call vote. ROLL CALL VOTE: Hepper -Aye, Rountree -Aye, Shearer -Aye, Alidjani -Aye MOTION CARRIED: All Yea Johnson: A recommendation for the City Council. Alidjani: I make a motion that the Meridian Planning & Zoning Commission hereby recommends to the City Council of the City of Meridian that the they approve the annexation and zoning as stated above for the property described in the application with the conditions set forth in the findings of fact and conclusions of law (inaudible) no _, _ ,~ Meridian Planning & Zoning June 14, 1994 Page 8 annexation request be passed until a development agreement including a commitment for use and development is entered into. Shearer: Second Johnson: We have a motion and a second for a favorable recommendation to the City Council as stated, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #8: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR PRESTON'S ASPEN GROVE ESTATES ANNEXATION AND ZONING WITH A PRELIMINARY PLAT: Johnson: Any discussion regarding the findings of fact? Rountree: Mr. Chairman, I make a motion that the Meridian Planning and Zoning Commission hereby adopts and approves these findings of fact and conclusions. Alidjani: Second Johnson: We have a motion and a second to approve the findings of fact and conclusions of law without any changes, roll call vote. ROLL CALL VOTE: Hepper -Aye, Rountree -Aye, Shearer -Aye, Alidjani -Aye MOTION CARRIED: All Yea Johnson: Decision or recommendation you wish to pass onto City Council. Rountree: Mr. Chairman I move that the Meridian Planning and Zoning hereby recommends to the City Council of the City of Meridian that with compliance of the conditions herein of these findings of fact and conclusions of law including an amended plat request for one. yr more different zones, the consent of a delay in the annexation process until a new plat is prepared, the request for new hearings on the amended plat and if the Commission approves of the amended plat then the annexation and zoning would be in the best interest of the City of Meridian and the Commission would then recommend approval of this annexation and zoning. If these conditions are not met the property should not be annexed and zoned. Alidjani: Second S Meridian Planning & Zoning May 10, 1994 Page 3 Stiles: Commissioner Alidjani and Chairman and Commissioners, the last 2 times this has been on the agenda there were items brought up the night of the meeting that we weren't able to address. And then we did get another submittal last meeting that basically my comments were pretty much the same. There are a lot of things that are the same, that have been expressed to them before that need to be addressed. I might be confusing some of it with Haven Cove No. 4 but it is similar. Alidjani: Thank you Johnson: Do we have further discussion, we have a motion on the floor and a second. Okay, all those in favor of the motion? Opposed? MOTION CARRIED: All Yea Rountree: Mr. Chairman, do we have to speak to the preliminary plat? Johnson: Do you want to speak to the plat? Rountree: I would make a motion that we table the plat as presented until all the problems associated with it are resolved with the City staff. Alidjani: Second Johnson: It is moved and seconded that we table the preliminary plat until such time as the issues raised have been addressed. Rountree: Make that the next regularly scheduled meeting. Johnson: Which is June 14, 1994, do we have a motion? Rountree: So moved Shearer:. Second Johnson: Its moved and seconded then that we table the preliminary plat until our next regularly scheduled meeting on June 14, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #2: TABLED AT APRIL 12, 1994 MEETING: PINE MEADOWS ANNEXATION AND ZONING REQUEST BY RON WALSH: Meridian Planning & Zoning May 10, 1994 Page 4 Rountree: Mr. Chairman, I have a question for Counsel on this particular issue, it appears that they have changed the zoning request. Would these item have to be reheard? Crookston: It should be if they changed the requested zoning, what have they changed. Hepper: From Mixed PUD to R-15, is that right? Rountree: That is what their indicates. Crookston: Shari do you know how this was noticed? Stiles: Commissioners, this originally went out as an MPUD and I'm not sure the second notice was (inaudible). I was wondering if this is one that could be handled at the City Council public hearing, if that would be adequate. If the Commission is acting on it tonight as an R-15 request. Crookston: I don't recall how I handled in the findings, and I don't have a copy of the findings here tonight. Stiles: I don't think there were any findings, it was tabled because of a request for a MPUD. Johnson: We didn't have any. Rountree: The table motion was because they had not identified the zone and until such time as they did. Crookston: It probably should be reheard. Stiles: Before this Commission? Crookston: Yes Johnson: It was originally tabled because it didn't come in with a zoning right? Rountree: That is correct. Stiles: We do have some others that are in this similar plight. Meridian Planning & Zoning May 10, 1994 Page 5 Crookston: That are? Stiles: That since the initial hearing have requested other than what was first noticed. Crookston: Were they requested as PUD's? Stiles: I am thinking of St. Luke's. Crookston: We could handle it at the City Council level it would be more appropriate to notice it correctly. We don't have a PUD zone. Stiles: So your decision is to rehear it before the Commission? Crookston: I think that is the appropriate thing to do. Stiles: It was City staff that instructed them to ask for the MPUD, just to note that. Crookston: Well, we have had the public hearing, we could go forward and change it and make sure it is done correctly at the City Council. Johnson: What would you like to do Commission? Rountree: Mr. Chairman, I move we have counsel prepare findings of fact and conclusions. Hepper: Second Johnson: It has been moved and seconded that we have the City Attorney prepare findings of fact and conclusions of law on Pine Meadows annexation and zoning, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR BRIGHTON CORPORATION ANNEXATION AND ZONING REQUEST BY BRIGHTON CORPORATION: Johnson: You have the findings of fact before you, are there any items of discussion? Hepper: Mr. Chairman, I have one. I don't believe I saw any place in here, it was c Meridian Planning & Zoning April 12, 1994 Page 35 Johnson: Your point is taken well, it is just that the other cuts and we are talking a narrow entrance way. Hepper: And that is not a decision we make. I also think the park area back there, that is also not a decision that is up to us, but I think the City has got a real opportunity there to pick up some park land before it is all gone. And maybe make that park a little bit bigger and take over the control of it. It appears that the park is out on the fringes of the people that are paying .for. And there are several subdivisions around there that are going to be using it unless you put up a fence and don't let people in there. Johnson: As you know the City is developing their posture right now on that, parks in general. Perhaps a merger with Western Ada Recreation District, so that is a matter of policy that is being determined right now. Hepper: I think maybe the developer could talk to the City about that and see if something could be worked out on that too. It may or may not be the type of thing they are attracted to because of size. My understanding, the smaller the park the bigger the headache from the City's perspective. Any other comments- or discussion? What would you like to do on this application? Hepper: Mr. Chairman, I move we have the City Attorney prepare findings of fact. Rountree: Second Johnson: We have a motion for the City Attorney and a second to prepare findings of fact and conclusions of law on this annexation and zoning request for Robert Glenn, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: PUBLIC HEARING: ANNEXATION AND ZONING FOR PINE MEADOWS: Johnson: I will now open the public hearing on that application. Is there a representative that would like to address the Commission? Ron Walsh, 12002 Fiddler Drive, Boise, was sworn by the Attorney. Walsh: I am here tonight representing 3 landowners that are requesting to have 23.3 acres annexed into the City of Meridian. I've got the staff comments and I want to say that we don't have any major objection to any of the comments. The City Meridian Planning & Zoning April 12, 1994 Page 36 Engineer has pointed out that the parcel bordered by the city of Meridian and that is on 2 sides, we touch it on 2 sides. But we are also completely surrounded by the City and we lie to the east so the City is to the west of us. It is serviced by sewer and water, all 3 parcels. We don't have a problem with amending the legal description to include (inaudible) center lines. The (inaudible) of the comments are acceptable to us, the one thing I wanted to go over was Shari's comments. Although we have requested annexation we are not horribly particular about the zoning. We haven't really requested the mixed PUD zone. Wayne• Forrey and I have worked for months on this entire area and it was his idea to zone or to put into the Comprehensive Plan the Mixed PtJD zone. We have under control about 50 acres, we see some different uses in there, but we feel that the conditional use process should take care of each one of those uses. Apparently, she has made mention here of a City park. I have talked to Wayne about the size of the parcel and the scope of what we want to do in there and told him that we didn't necessarily have a problem with dedicating some of our land to a park. There are a couple of landowners that do have the same zone and would be.receptive to giving a portion of that park. We have had some dialogue, nothing in writing, but we envision about 5 acres, but it would be these people would contribute only a couple. And then a parcel that we have control of directly to the south would contribute 1 or 1 1 /2 and then one of our neighbors to the west would contribute some. So, at the planning process I assumed we would take care of that and there would be some trade offs and that seems fine. Her final paragraph there is a little confusing to me and I did speak with her briefly tonight. I would ask that we continue on, 1 know you have to have 2 public hearings before I can be annexed so I request that we continue on tonight and allow us to move ahead with this and this MPUD zoning that does not exist yet in your development ordinance. We can either address that as we push forward or we can amend our application to a zoning that you do have on the books. I don't want to see the landowners injured because there is a Comprehensive Plan that the City has agreed to put on there but does not have written in their development ordinance. I don't believe that she really want to see us get tabled tonight, so I would just request that we push ahead. Any questions? Johnson: Yes, I have a question, why didn't you apply for a zone that existed at the time of the application, my application says mixed use. Walsh: Well, the mixed use was basically just to make it easy for everyone because it is within your Comprehensive Plan. We have 50 acres there that spans from Fairview Avenue back to the new Pine Street extension. The reason we are even involved in these particular parcels is that we have been working with the City to bring my partners plant out and put it in the business section towards the back. We don't even know what we are going to do with it. Meridian Planning & Zoning April 12, 1994 Page 37 Johnson: Yes, I am familiar with the property, that was my question. My question is there is a spot on the application that requires a zoning request that you haven't properly addressed. Walsh: Well, I suppose on this particular piece I would have to say of your existing zones, I'd take R-15. Johnson: All we can work with are the existing zones. Walsh: Well, we really didn't want to request a particular zone because we didn't want to cast a light on the landowners that would cause them to slow the process down. We want to fit within your guidelines and we thought that if you just had the Comp Plan revised 3 or 4 months ago and had a mixed PUD zone or Comp layed over it that that would be the easiest way to do it that was our mistake. Johnson: Thank you, are there any questions the Commissioners would like to ask? None, this is a public hearing, would anyone like to come forward at this time. I will close the public hearing. What would you gentleman like to do? Rountree: Mr. Chairman, I make a motion that we table this item until we hear from the applicant specifically what the zoning request is before we consider annexation. Alidjani: Second Johnson: It has been moved and seconded that we table this item until we get further clarification on the type of zoning requested, all those in favor? Crookston: You need to table it until a certain date. Rountree: The next regularly scheduled meeting Johnson: We have a motion and a second to table until May 10th, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #10: PUBLIC HEARING: ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR ROCK CREEK SUBDIVISION BY KEVIN HOWELL AND NUBBLE ENGINEERING: Johnson: If there is a representative for Rock Creek would you please come forward Meridian City Council July 19, 1994 Page 37 Corrie: I have one comment that when State Street goes clear to Linder and come around that you don't have a lot of traffic coming from that high school down there to get to Pine. That is the only thing that bothers me about opening to Pine Street. I am afraid you are going to see a lot more traffic than anticipate. I hope I am wrong, but it could be that you are going to get a lot of cruising down Street. Tolsma: What is your pleasure? Corrie: Mr. President, do we need to add anything to the motion for preliminary plat approval in reference to property line problems or anything like that? Crookston: No Corrie: Mr. President, Crookston: He will have to submit the legal description. Corrie: Mr. President, I move that we approve the preliminary plat for Canna Lily Estates with the condition that Pine Street entrance will be part of the subdivision. Morrow: Mr. President, I would ask that Councilman Corrie amend that motion to include the 1400 square feet requirement on the plat and the addition of the CC&R's and the ditch agreement to furnish water to the Cope place with his consent if he will amend the motion I will second the motion. Corrie: Yes I will. Morrow: Second Tolsma: Moved by Bob Corrie, second by Walt to grant the request for preliminary plat for Canna Lily Estates subject to water being made available to the Cope residents and CC&R's be provided with a 1400 square foot minimum and a Pine Street access, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #18: PUBLIC HEARING: REQEUST FOR ANNEXATION AND ZONING FOR PINE MEADOWS: Tolsma: I will now open the public hearing, I will ask the representative for Pine Meadows make his presentation.