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Hoover, Lynd RZ 00-001NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho at the hour of 7:00 p.m. on January 11, 2000 for the purpose of reviewing and considering the application of Lynd Hoover for the rezone of 1.761 acres from R-8 and R-15 to entirely R-15 located at 1318 E. 4th A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 20th day of December 1999. WILLIAM G. BERG, JR., CttWtLERK rjy PUBLISH December 24, 1999 and January 7, 2000 ,�r'� r SHAL LL d m cc�u�ict E Eco= ° m O 0 U E �a E ro n ¢ R Ecn� m$ro o°>2E L a 8,0 SID ~cE2cP m ro a ° ° 4 Q U)LL EEao�� �"�pU� - o .E E cN0 =u a> d'O07 —c a `oa �►- (n LLQ `i' .ro x k ° c E.o'rn m ¢ ¢LL c W ° ac°6 CZ 000 Ebro '00 5c CNN mmc 0 CO a,0 a j7iEoo in.CJroC�aO X V-0 p 5- ¢c0i �o � 0 Eoo'c �N 000.Em°a °momg�` o m m Eco ' a C> o m c 7gig E�r 69Lo O N O '� o m o¢ m Y 3 m L N N 7 p=. C Q "Cf in LL Q oc°gym p d m � d c OOa� ai0j` y N L_ L_ �'a1 m °-� CO:: (n CO C L N aco L U�-amyEa CL m /,...... d `o o L o a 0 Ir =U -o w o E ap m fj -a ON�UN IOU~ .2.00 E cU o, m Fa.'22oro0 Y N LL cc m i o 3 co� o �w LL �/ V' o O. EE] 0E] ° a W T a in N _� 0 .cm no 'N y ma,NO(DM p� ¢ g U 0 Z N 00 Z � Q W m %0 0 M o U a —4 � 4 O � � a) M c Z z w a' z Z y 0 00 ¢ ¢ � z m O g o In V-1 W Q u1 Q Y M e W w CL zm w W U can ro LL wo w g w M I w Z z } W Ln Q � Q M o Z a; w OU O a � O m z N ° J O cn H y } '>�LO U- LaL Z W � Lin M (n a w chi Z O z W o m ,^n M a w a a a L) EU. CISz w w m ao O z M O r-4 cn D w _ w LL o w Z.> a� rn � 00 ^ rn a a co n � d0' N r dNi ONi v ¢z N a LL o N N oa n m mace CD d N � y E �� M Lo m a C _c r N M ct LO CO 00 0) m o J O a view elgLIuno33d ao l h � HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 CITY OF MERIDIAN City Council Members PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD City Clerk Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Faz 887-1297 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 recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: December 23, 1999 TRANSMITTAL DATE: December 8, 1999 HEARING DATE: January 11, 2000 FILE NUMBER: RZ-00-001 REQUEST: REZONE OF 1.761 ACRES FROM R-8 AND R-15 TO ENTIRELY R-15 BY: LYND HOOVER LOCATION OF PROPERTY OR PROJECT: 1318 E. 4T" TAMMY DE WEERD, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z _RICHARD HATCHER, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _SANITARY SERVICE _BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY\IENGINEER 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) YOUR CONCISE REMARKS: CITY OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 Phone: (208) 888-4433 Fax: (208) 887-4813 APPLICATION FOR ANNEXATION AND ZONING OR REZONE PROPOSED NAME OF SUBDIVISION: % V Z�) GENERAL LOCATION: 13 18 4/ 7 TYPE (RESIDENTIAL, INDUSTRIAL, COMMERCIAL): ACRES OF LAND IN PROPOSED PRESENT LAND USE: PROPOSED LAND USE: I1--� .-j Nov 1 519YIA C, s3 _ Ft" Kz--00 - 001 now /?.0 Z o/7e / e 7�/ PRESENT ZONING DISTRICT: R —up — le /S— PROPOSED ZONING DISTRICT: 9 !� APPLICANT: ' Y12 c/ 1-004111"' PHONE: -'9-9"-5'---'2- -94 ADDRESS: &7` y ENGINEER, SURVEYOR, OR PLANNER: / " / PHONE: ��1��7mI•Y.� OWNER(S) OF RECORD:`/ f�`�L'`�� PHONE: ADDRESS: -3 5' S4� cef- Signature OfApplicant PLEASE PROVIDE THE FOLLOWING INFORMATION ON A SEPARATE SHEET OF PAPER AND/OR ON SEPARATE ATTACHMENTS A. Name, address, and phone number of applicant; 2. Name, address, and phone number of owner of subject property and proof of title of said owner (warranty deed). 3. Notarized request for zoning amendment from titled owner, successor of said owner, valid title option holder, or contract purchaser with consent from the titled owner if not requested by titled owner; 5'�liYvt�(>d �y cti req,stPred unci s�rveyc�f 4. Legal description (metes & bounds) of subject property, including property to the center line of all adjoining rights-of-way, railroads, roadways, highways and easements the full length of the property which is signed and stamped by a land surveyor registered in the State of Idaho; ,';r Description of present land use; yr s ,F% Description of proposed land use; P f T Present zoning district and jurisdiction; K X Proposed zoning district; _ 9. A statement describing the characteristics of subject property which make the zoning amendment desirable; �z Z,pled K-15 , (a�.d f- e r' 10. A statement outlining the necessity or desirability of development pertaining to the zoning amendment and its harmony with adjacent development; 11. A statement of how the proposed zoning amendment relates to the City of Meridian Comprehensive Plans 1 r- m Jp �' " ' h"'�' _ } as "'eX r sil + v r b an ' tel. One (1) map of scale of one (1) inch equals one hundred (100) feet of the property concerning the zoning amendment; ,Y3. Thirty (30) copies of a vicinity map of a scale of one (1) inch equals three hundred (300) feet; )4. A list of the mailing addresses of all property owners within three hundred feet (300') of the external boundaries of the land being considered. This list can be obtained from the City of Meridian Planning & Zoning Department. Please request list seven days prior to submitting application. 15. A fee established by the Council; Less than 1 acre = $400.00. Over 1 acre = $400.00 plus $15.00 for each additional acre or portion thereof. In addition to above fee applicant shall pay cost of certified mailings at a rate of $1.73 per notice. Please double the mailing fee on this application. (All annexation & zoning or rezone applications require two public hearings — 1 before Planning & Zoning Commission and 1 before City Council). 16. A signed affidavit stating that the property will be posted 1 week before the public hearing. Posting must contain name of applicant, description of zoning amendment, and time and date of public hearing. Official notices are available at City Hall. IT A signed affidavit stating the applicant has read the contents thereof and verifies that the information contained therein is true and correct. n I, Lynd Hoover, titled owner of the subject property, am hereby requesting a rezone of the property from & R-15 to R-15. By: � Date: ��ber IS, 19cig the current status of R-8 `,yiA5C0t/�fi� I fi LI _29_200-0 1. Applicant: Lynd Hoover 3420 Sugar Creek Dr. Meridian, ID 83642 888-2888 2. Owner: Same 3. See Attached 4. See Attached 5. Present Land Use: Residential 6. Proposed Land Use: Apartments 7. Present Zoning District & Jurisdiction: R-8 & R-15 (City of Meridian) 8. Proposed Zoning District: R-15 9. Characteristics of subject property which make the zoning amendment desirable: The property is zoned R-8 and R-15. It is only reasonable that this parcel be zoned the same, not part R-8 and part R-15. 10. Statement outlining the necessity or desirability of development pertaining to the zoning amendment and its harmony with adjacent development: The property is surrounded on three sides by R-15. The whole parcel should have the same zoning. 11. Statement of how the proposed zoning amendment relates to the City of Meridian Comprehensive Plan: The whole parcel should be zoned the same so that it can be developed the same and at the same time. 12. See Attached 13. See Attached 14. See Attached 15. Fee Attached 16. I, Lynd Hoover, state that I will post the subject property one (1) week before the public hearing. 17. I, Lynd Hoover, have read the contents of this application and verify that the information contained herein is true and correct. LETTER OF BRIGGS ENGINEERING, Inc. 1800 West Overland Road • Boise, Idaho 83705 PHONE: (208) W-9700 • FAX NO: (208) 345-2950 TO (�4i+ of -jfV1u-uk-(,� 1 .f El WE ARE SENDING YOU ❑ WE ARE RETURNING TRANSMITTAL DATE I I' 15 1 I ID N0. 990950 JOB NAME J QQV eh v e� JOB ADDRESS CITY, STATE ❑ SHOP DRA WINGS ❑ CHANGE ORDER ❑ COPY OF LETTER ❑ PLANS ❑ ORIGINALS ❑ FINAL PLA T ❑ SPECIFICA TIONS ❑ COMPO TER DISK Ltd OTHER t.S. ENCLOSED ❑ UNDER SEPARATE COVER VIA ❑ FEDERAL EXPRESS El COURIER 0 COPIES DATED ID NO. DESCRIPTION 2 - FOR YOY/R INFORMAITOW ❑ APRROIED AS NOTED ❑ ❑ AS REOUESMD ❑ RETURNED FOR CORRECpms ❑ ❑ FOR REVIEW AND COIWMENT ❑ PRICE ❑ FOR BIDS DUE ❑ THESE THESE ARE TRANSMITTED AS CHECKED BELOW ❑ fOR APPROVAL ❑ APPROIED AS SUBMI 7FD ❑ FOR YOY/R INFORMAITOW ❑ APRROIED AS NOTED ❑ ❑ AS REOUESMD ❑ RETURNED FOR CORRECpms ❑ ❑ FOR REVIEW AND COIWMENT ❑ PRICE ❑ FOR BIDS DUE ❑ RESUBMIT COPIES FOR APPROVAL SUBMIT COPIES FOR DISTRIBUITON RETURN CORRECTED PRINTS I t " Q �' COPY TO SIGNED �' � (,C%C�t✓lS'e%, nio CD 0 N 0 0 w 0 0 0 0 cn 0 0 0) CD 0 rt c z c v, r ,l ' FI J LYND HOOVER 92-7014/3241 1017 RENTAL ACCOUNT 0080034533 3420 SUGAR CREEK 888.2888 _ �• �, MERIDIAN, ID 83642 DATE s. PAY TO THE oil' ORDER OP im r� oo DOLLARS. Nm— NOMOLIM #4W5oW 8 pp/ypn j RETAIL BANKING CENTER ••��L�•LR,.ia P.O.BO1s�,.NAMPA, ID83653-0190 MEMO �Cl ATL 24 1 70 1401. 00800 34 5 3 31I 1017 n CD Cr CL ? 00 CL CD III 5 S W o . C :r@ M W O N(D 0 a z view ajgqun000d ao.1 d a1 v1 L D Ol N E m a3 m e N l.L i d w x c c ro a N W N- C_ C N G L a E E c o= = � o o E Ep�Emn U) ft x 2 ma a E m m d > . E C n d U E' L o._ 10 ~ E c c 2 d ro ao o p o '« Q Cn LL E0Eo_E� d O = ° C (C— A 'O O L �f�i (] Uj LL N � N x � C °' E y N O . Nod f=d rola a nm OnFL-N�> .eco . ONN (r LL d cW w aro o co L E n c W Yzi) p no0 a D �c`Ecnc EEmc N.Ll c oo y�Woo CU�°-0�m wo QU<6 0 m mIm Lo E d Co o -a N E c o (Ellcr Vc> — E cO-oE�r o d m w °gip° m o ` CC) --� w c o o a N C — a) 2.w NC Y (D U U N la C (6 CL 'js O L > a) V O C (0 Ri O a. y LL Q p C p 0 C o Q. O 5 O 2 n N C C C O -om M a) C f0 �p >. U nL"En L N �L ,f 'gyp 0p2 aOm Ufr❑❑ 2U -a�0Q) 00 waoEcU& F aT2 o m u am ii i y 1 U a7 o w U o C N a) 0) V O �¢_`oc LLIx Cl.QL E❑ ❑❑ W O a) \i M v maoiyO.Q) Z r\ N Q ❑❑❑❑ n Q W M M O M o M yy 0 -4 N W Fir 0 0 � a1 � Q o Z z 0 m Z Z g W m ? (1) Uj w IA w Q m W m �j LCL. M W Q �S 7C3Q 2:W LD U to CO LU Ov O a Lq LLI LoQ m M m 0 CL 00 m - ? Ln z 4.1 LL Ln Lf) J Wca J Q n1 Q mNN M Q W d tl a 0 Lr) Q M fY 0 ^ Z W 0 M � j Q W L E E z M O of W M O U S J m O O a S '50 cn w O a s 0 Ea aq O U J LL U OC W LLJ J o a° V H� Ln , T) h t� �� t n U d r E `^ v DO U a L _ QZ 13 M Kaci Q C .�'` E CO Q N N =� Z� _ Z a O r N co Lf) O r� co O O T m L J T T T T T T J C view ajgqun000d ao.1 d City of Meridian City Clerk's Office Phone: 208-888-4433 Fax: 208-888-4218 FC)X To: Steve O'Brien From: Shelby Fax: Pages: 8 Phone: Date: 05/10/00 Re: Ordinance No. 865 CC: ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle Steve, The legal description is in the Ordinance now. That should help you with the map. Thanks and have a great afternoon! Shelby... DZICE Ifivi WE]) MAY 10 2000 interoffice c� of ME�nraly MEMORANDUM To: William G. Berg, Jr. 1� , From: Marlene St. George t,'`� Subject: Lynd Hoover Rezone (RZ-00-001) Date: May 10, 2000 Will: Pursuant to a telephone call from Shelby this morning, please find attached the original page 2 (to replace the previous one) and the Exhibit "A", addressing the legal to Lynd Hoover's rezone. Please note the language has been added to make it an Exhibit "A", along with the conditions. If you have any questions please give me a call. Z:\Work\M\Meridian 15360M\Hoover Rezone\Berg051000.Mem March 17, 2000 RZ 00--001 MERIDIAN CITY COUNCIL MEETING: MARCH 21, 2000 f� APPLICANT: LYND HOOVER AGENDA ITEM NUMBER: J REQUEST: ORDINANCE -REZONE OF 1.761 ACRES FROM R-8 AND R-15 TO ENTIRELY R-15 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: COMMENTS SEE ATTACHED ORDINANCE MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ✓ ADA COUNTY HIGHWAY DIST'}j ADA COUNTY STREET NAti CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Materials presented at public meetings shall become property of the City of Meridian. APR 20 '00 12:58 FR CITY OF MERIDIAN 208 884 4259 TO PUBLIC FORKS P.05i13 I?-EG]EJv.E7'-'-" MAR - 1 2000 CITY OF 119EFJDIAN mac• CITY OF MERIDIAN ORDINANCE NO, AN ORDINANCE FINDING THAT THE OWNER OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION FOR REAL PROPERTY THAT LIES WITHIN THE BOUNDARIES OF THE CITY OF MERIDIAN FROM R-8 (MEDIUM DENSITY RESIDENTIAL DISTRICT) AND R-15 (MEDIUM HIGH DENSITY RESIDENTIAL DISTRICT) ZONING DISTRICTS TO ENTIRELY R-15 (MEDIUM HIGH DENSITY RESIDENTIAL DISTRICT) AS DEFINED UNDER MERIDIAN CITY CODE § 11-7-2 E, REPEALING ALL ORDINANCES, RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID REZONING DESIGNATION TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: 1. The owner of the following described property has made a written request for a re -zone of the zoning classification for the subject Real Property herein described from R-8 (Medium Density Residential) and R-15 (Medium High Density Residential) Districts to R-15 (Medium High Density Residential District as LYND HOOVER/ (R-15) RZ-00-001 / RE -ZONE ORDINANCE - l APR 20 '00 12 59 FR CITY OF MERIDIAN 208 884 4259 TO PUBLIC WORKS P.06/13 defined under Meridian City Code § 11-7-2 E-; and 2. The City of Meridian Planning and Zoning Commission and City Council having given notice and conducted all public hearings in accordance with law and having issued its findings of fact and conclusions of law and Decision and. Order granting the application for rezone; and D3.The real property which is described as. the subject of this ordinance is legally 3.1 Sanitary sewer service to this site could be via an extension from the existing main that is adjacent to the proposed development. Upon development, applicant will be responsible to construct the sewer mains to and through this proposed site. Development designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 3.2 Water service to this site will be via extensions of existing mains installed adjacent to the proposed site. Upon development, applicant will be responsible to construct the water mains to and through this proposed site. Development designer to coordinate main sizing and routing with the Public Works Department. .Applicant shall be required to complete looping of water mains into existing adjacent developments. 3.3 Enforcement action may be initiated if this parcel is not brought into an acceptable condition within the next 30 days. The existing fence does not meet setback requirements, many vehicles (most appearing to be disabled) are present, and there is generally a proliferation of miscellaneous equipment and materials. Without an on-site inspection, staff is unable to determine all the violations that presently exist. Total clean-up of the site and compliance with existing ordinances within 30 days is required. LYND HOOVER/ (R-15) RZ-00-001 / RE -ZONE ORDINANCE - 2 RPR 20 '00 12:59 FR CITY OF MERIDIAN 208 884 4259 TO PUBLIC WORKS P.07i13 3.4 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 3.5 Provide five -foot -wide sidewalks in accordance with City Ordinance and other roadway dedication and improvements as required by ACHD. 3.6 Dedicate 25 -feet of right-of-way for the extension 4th Street abutting the parcel along the west property line from Badley Street to the south property line, by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 3.7 The Applicant shall construct. a 5 -foot wide concrete sidewalk only on the property owned by the Applicant. 3.8 Extend 4th Street. from Badley Street to the south property line as one-half of a 37 -foot street section, plus 12 -feet of additional pavement, with curb, gutter and 5 -foot wide concrete sidewalk. Coordinate the improvements with District staff. 3.9 Construct driveways 24 to 304eet wide and a minimum of 50 - feet from any street intersection. Pave the driveways their full required width and at least 30 -feet beyond the edge of pavement of Badley Street or 4th Street. 3.10 Utility street cuts in the new pavement are not allowed unless approved in writing by the District. 3.11 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. LYND HOOVER / (R -1S) RZ-00-001 / RE -ZONE ORDINANCE - 3 APR 20 '00 12:59 FR CITY OF MERIDIAN 206 884 4259 TO PUBLIC WORKS P.08i13 SECTION 2. That the above-described Property be, and the same is hereby re- zoned and designed (R-1.5) Medium High Density Residential District.. SECTION 3. That the City Engineer is hereby direct to alter all use and area maps as well as the official zoning maps depicting the City of Meridian land use zones in accordance with this ordinance. SECTION 4: JVI ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 5. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. ASSED 13'X' THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, thi - day of 2000. APPROVED BY THE MAYOR OF THE CJTY OF MERIDIAN, IDAHO, thisW/-day of A14itA , 2000. \\\11111 or ATTEST: K;A p� MFF! City Clerk - SEAL CkO�l'y, ���r'`nrtr cnttl\►�\ LYND HOOVER / (R-15) 122-00-001 / RE -ZONE ORDINANCE - 4 MAY 10 100 14:56 FR CITY OF MERIDIAN 208 884 4259 TO PUBLIC WORKS P.01/08 City of Meridian City Clerk's Office Phone: 208-888-4433 Fax: 208-888-4218 f;ax 10: Steve O'Brien From: Shelby Fax: Pages: 8 Phone: Date: 05/10/00 Re: Ordinance No. 865 CC: ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle Steve, The legal description Is in the Ordinance now. That should help you wilh the map. Thanks and have a great afternoon) Shelby... MAY 10 '00 14:56 FR CITY OF MERIDIAN 208 864 4259 TO PUBLIC WORKS P-02/OB MAR — 1 2000 CITY OF lYiERIDLAN CITY OF MERIDIAN ORDINANCE NO. 96-3— AN ORDINANCE FINDING THAT THE OWNER OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION FOR REAL PROPERTY TIIAT LIES WITHIN THE BOUNDARIES OF THE CITY OF MERIDIAN FROM R-8 (MEDIUM DENSITY RESIDENTIAL DISTRICT) AND R-15 (MEDIUM HIGH DENSITY ILESIDENTIA.L DISTRICT) ZONING DISTRICTS TO ENTIRELY R-15 (MEDIUM .HIGH DENSITY RESIDENTIAL DISTRICT) AS DEFINED UNDER MERIDIAN CITY CODE § 11-7-2 E, REPEALING ALL ORDINANCES, RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID REZONING DESIGNATION TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAX 10: SECTION 1. FINDINGS: 1. The owner of the ,following described property has made a written request for a re -zone of the zoning classification for the subject Real Property herein described from R-8 (Medium Density Residential) and R-15 (Medium High Density Residential) Districts to R-15 (Medium High Density Residential District as LYND HOOVER/ (R-15) RZ-00-001 / RE -ZONE ORDINANCE - I MAY 10 '00 14:57 FR CITY OF MERIDIAN 208 884 4259 TO PUBLIC WORKS P.03/OB defined under Meridian City Code § 11-7-2 E; and 2. The City of Meridian Planning and Zoning Commission and City Council having given notice and conducted all public hearings in accordance with law and having issued its findings of fact and conclusions of law and Decision and Order granting the application for rezone; and 3. The real property which is the subject of this ordinance is legally described in the attached Exhibit "A", and with conditions to -wit: 3.1 Sanitary sewer service to this site could be via an extension from the existing main that is adjacent to the proposed development. Upon development, applicant will be responsible to construct the sewer mains to and through this proposed site. Development designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 3.2 Water service to this site will be via extensions of existing mains installed adjacent to the proposed site. Upon development, applicant ,M11 be responsible to construct the water mains to and through this proposed site. Development designer to coordinate main sizing and routing with the Public Works Department. Applicant shall be required to complete looping of water mains into existing adjacent developments. 3.3 Enforcement action may be initiated if this parcel is not brought into an acceptable condition within the next 30 days. The existing fence does not meet setback requirements, many vehicles (most appearing to be disabled) are present, and there is generally a proliferation of miscellaneous equipment and materials. Without an on-site inspection, staff is unable to determine all the violations that presently exist. Total clean-up of the site and compliance with existing ordinances within 30 days is required. LYND HOOVER/ (R-15) RZ-00-001 / RE -ZONE ORDINANCE - 2 MAY 10 '00 14:57 FR CITY OF MERIDIAN 20E 994 4259 TO PUBLIC WORKS P.04/0S 3.4 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 3.5 Provide five -foot -wide sidewalks in accordance with City Ordinance and other roadway dedication and improvements as required by ACRD. 3.6 Dedicate 25 -feet of right-of-way for the extension 4th Street abutting the parcel along the west property line from Badley Street to the south property line, by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building hermit (or other required permits), whichever occurs first. 3.7 The Applicant shall construct a 5 -foot wide concrete sidewalk only on the property owned by the Applicant. 3.8 Extend 4th Street from 13adley Street to the south property line as one-half of a 37 -foot street section, plus 12 -feet of additional pavement, with curb, gutter and 5 -foot wide concrete sidewalk. Coordinate the improvements with District staff. 3.9 Construct driveways 24 to 30 -feet wide and a minimum of 50 - feet from any street intersection. Pave the driveways their full required width and at least 30 -feet beyond the edge of pavement of Badley Street or 4th Street. 3.10 Utility street cuts in the new pavement are not allowed unless approved in writing by the District. 3.11 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. LYND HOOVER/ (R-15) RZ-00-001 / IU -ZONE ORDINANCE - 3 MAY 10 100 14:57 FR CITY OF MERIDIAN 208 884 4259 TO PUBLIC WORKS P.05/OB SECTION 2. That the above-described Property be, and the same is hereby re- zoned and designed (R-15) Medium High Density Residential District. SECTION 3. That the City Engineer is hereby direct to alter all use and area maps as well as the official zoning maps depicting the City of Meridian land use zones in accordance with this ordinance. SECTION 4: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 5. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. ASS)ED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, thisL ay of f ta-,_ , 2000. APPROVED BY T14E MAYOR OF THE CITY OF MERIDIAN, IDAHO, this2l5rday of 2000. ��rirrrr Or ATTEST: City Clerk SEAL '%p��v _J,T 1ST • � �.Q`�� LYND HOOVER % (R-15) RZ-00-00I / RE -ZONE ORDINANCE - 4 MAY 10 '00 14:57 FR CITY OF MERIDIAN 208 884 4259 TO PUBLIC WORKS P.06i08 STA'T'E OF IDAHO,) ss. County of Ada On this day of %hand- , 2000, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Cleric of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and gar first above written. yam; .,, (SEAL) %�t NOT PUBLIC FOR IDAHO RESIDING AT: t MY CO:N4NllSS1ON EXPIIZES:� MSC;\L:\Worl<\M\Mcridiat0.1R,*Y ���1 eUj1Uidinancc LYND HOOVER/ (R-15) RZ-00-001 / RE -ZONE ORDINANCE - 5 MAY' 10 '00 14:57 FR CITY' OF MERIDIAN 208 eB4 4259 TO PUBLIC FORKS P.07/ae CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho 1, WILLIAM G. BERG, JR., City Cleric, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. passed by the City Council of the City of Meridian, on the 21'5P day of 2000, is a true and correct copy of the original of said document which is in the care, custody and control of the Qt� Clerk of the City of Meridian. SEEI",L S.S,1�4M G. BERG, JR. 6 �� O STATE OF IDAHO( �:4 JJJJtJdl1{S�SII�\` County of .Ada, On this Sr day of _niti , in the year 2000, before me, t ' , a Notary Public, appeared WILLI G. B G, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. (SEAS,)OF ID •�; �� � av .1r8.+° At,;Pblic for Idaho Commission Expires: msg\ZAWorkW\Meridian 1.5360NNlooverRczone\CerliGcaLionOCClerlcRZOrd CERTIFICATION OF THE CITY CLLRK OF THE CITY OF VERMIAN - I R7_-00-001 MAY 10 '00 14:5B FR CITY OF MERIDIAN 208 884 4259 TO PUBLIC WORKS P.08/08 DESCRIPTION FOR LYND HOOVER A parcel of land lying in the NW % of Section 7, Township 3 North. Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the center Y. comer of SeCion 7, Township 3 North, Range 1 East, Boise Meridian. thence N 00000'00' E 1294.00 feet along the east fine of the NW % to a point; thence S 89°0113C" W 517.00 feet parallel with the south fine of the NW % to the REAL POINT OF BEGINNING of this description; Thence continuing S 89'0110'W 215.01 feet to a point; Thence N 00°00'00' E 370.48 feet parallel with the east fine of the NW % to the northeast comer of Olive Dale Subdivision No. 1. filed in Book 21 of Plats, at Page 1392, records cf the Ada County Recorder's Office; Thence S 88'58'53' E 102.38 feet to the southwest Conor of a panel of land as shown on that certain Record of Survey NO -2132, records of the Ada County Recorder's Office; Thence N 895611" E 112.62 feet along the south boundary of said parcel to a point; Thence S 00°00'00" W 365.13 feet parallel with the east line of the NW'/. to the REAL POINT OF BEGINNING of this description; Said parcel of land contains 1.813 acres, more or less. EXHIBIT "A" ** TOTAL PAGE.08 ** 8536543 D E E D OR VALUE RECEIVED, IDAHO FIRST NATIONAL BANK, Trustee for AUBREY K. SMITH, does hereby convey, release, remise and =ores*er auit claim unto LYND M. HOOVER, a single man, Vcse address is 1318 E. 41—'- Street, Meridian, Idaho t:e following described premises, to -wit: DESCRIPTION ATTACHED AS SCHEDULE "A" together with their aaaurtenances. DATED: IDAHO FIRST NATIONAL SAINK Trustee for AUBREY K. S'<:T_T Assistant Property Officer -_rust STATE OF IDAHO Ss County of Ada ) On ti- is d --y of✓.(i✓'/L. 1988, before me, a Notary Public in and for said State, personally appea_e: KAREN THOMAS, Assistant Property Officer -Trust, of Idaho _-rs_ National Bari;, know_. to be ; he person who executed the ment on behalf of said Corporation, and acknowledged to - such Corporation executed the same as Trustee. ri_TX7-SS YY HAND AND SF'vL the day and year 51rs": _ Notary Public for Ida Residing at: DEED - 1 SC'EIRTLB "A" All that portion of the East half of the Northwest ouarler of Section 7, Township 3 North, Range 1 East, of Use Boise Meridian, in '.Ca County, Idaho, which was formerly platted and known as Block 9 of SecnnC cttaga HOmc' Aaai;ion to the Village of Meridian, Ada County, Idaho, AND A portion of the East half of the Northwest quarter, Section ?, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described by metes and bounds as follows: Commencing at the center of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and running North 0 00'00" East 1294.00 feet along the Easterly boundary of the Northwest quarter of said Section•7, to a point; thence South 89 14 680.00 feet alonq alin Q ar 11el to and X00 feet Northerly'from the Southerly boundary of the said Northwest quarter, Section 7W to the Southwest corner of Block 9 of the Vacated Second Cottage Home Addition to Meridian, Idaho, said point being the TRUE POINT OF BEGINNING; thence continuing South 89 01'30" West 40.00 feet along a line parallel to and 1294.00 feet Northerly from the said Southerly boundary of the Northwest quarter, Section 7, to the Southeast corner of Block 10 of the said Vacated Second Cottage Home Addition to Meridian; thence continuing South 89'01130" West 12.00 feet along a line parallel to and 1294.00 feet Northerly from the said Southerly boundary of the Northwest quarter Section 7, also being along the Southerly boundary of said Block 10 of Vacated Second Cottage Home Addition, to a point; thence North 0 00'00" East 201.34 feet along a line parallel to and 732.00 feet Westerly from the said Easterly boundary of the Northwest quarter, Section 7, also being along a line parallel to and 12.00 feet Westerly from the Easterly boundary of said Block 10 of Vacated Second Cottage Home Addition, to the Southeast corner of Olive Dale Subdivision No. 1 as shown on the official plat thereof on file in the office of the Ada County Recorder; thence continuing North 0'00'00" East 154.91 feet along the Easterly boundary of said Olive Dale Subdivision No. 1 also being along a line parallel to and 7132.0k, feet Westerly from the said Easterly boundary of the %ortnwest Qua -ter, Section 7, to a point on the Northerly boundary of said Blocr• i% bf the Vacated Second Cottage Home addition, said point being 12.00 feet Westerly Ffrom the Northeast corner of said Block 10; thence Co^tinuinq North 0'00'00" East 14.39 feet along the said Easterly �),zuridary of Olive Dal, - Subdivision No. 1 also being along a line parallel to and 732.00 feet Westerly from the said Easterly boundary of the Nor,nwest quarter, Section 7 and also being alone a line parallel to ant 12.00 feet Wes;erly from the Easterly boundary of Block 11 of the said Vacated Second Cottage Home Addition, to the Northeast corner of said Oliva "ale Subdivision No. 1; thence North 89'54'10'• East 51.99 fee', along the extended boundary of said Olive Dale Subdivision No. l to a point on ;ne Wes*e-1-v boundary of Block 12 of the said Vacated Seco'id Cottaqe Home Addition; :nence South 0'00'00" West 13.59 feet along a line Parallel to and 630.00 feet Westerly from the said Easterly boundary of the Nor;nwest quarter, Section 7, also being along the said Westerly boundary of Block 12 of the `'aca;ed Second rottac_a 'Ir Hdh 1; ion to ;ha COurh, N.��; ^nrnnr thele ", thence con;inuinq Leqal oescrip;ion Cori, inuec SC'-iEUULE A South 0'00'00" West 356.25 feet along a line parallel to and 630.00 feet Westerly from the said --asterly boundary of the Northwest quarter, Section 7, also being along the Westerly boundary of said Block 9 of the Vacated Second Cottage Home Addition, to the POINT OF BEGINNING. EXCEPT that portion of said Block 9 of Second Cottage Home Addition to the Village of Meridian, lying East of the following described line: A portion of the East half of the Northwest quarter, Section 7, Township 3 North, Range l East, Boise Meridian, Ada County, Idaho, more particularly described by metes and bounds as follows: Commencing at the center of Section 7, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and running North 0'00'00" East 1294.00 feet along the Easterly boundary of the Northwest quarter of said Section 7, to a point; thence South 89'01130" West 150.00 feet along a line parallel to and 1294.00 feet Northerly from the Southerly boundary of the said Northwest quarter, Section 7, to a point, thence continuing South 89'01130" West 367.00 feet along a line parallel t:. and 1294.00 feet Norther':y from the said Southerly boundary of the Northwest quarter, Section 7, to a point of beginning of said line; thence North 0°00'00" East 365.21 feet along a line parallel to and 517.00 feet Westerly from the said Easterly boundary of the Northwest quarter, Section 7, to the end of said line. Ada County, Idaho q Ry- TITLE CO. ulE j 0 , 3 i rrt. DATE joi N 5Ks`IBA RD 8y ^1 Deputy GCG NOU-16-1999 08:53 BRIGGS ENGINEERING, INC. 12083452958 P.02 DESCRIPTION FOR LYND HOOVER NOVEMBER 9, 1999 A parcel of land lying in the NW'/a of Section 7, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the center 1/4 comer of Section 7, Township 3 North, Range 1 East, Boise Meridian, thence N 00000'00" E 1294.00 feet along the east line of the NW'/d to a point; thence S 89°01'30" W 517.00 feet parallel with the south line of the NW '/6 to the REAL POINT OF BEGINNING of this description:. Thence continuing S 89°01'30" W 215.01 feet to a point; Thence N 00100'00" E 370.48 feet parallel with the east line of the NW'/• to the northeast comer of Olive Dale Subdivision No. 1, filed in Book 21 of Plats, at Page 1392, records of the Ada County Recorder's Office; Thence S 88°58'53" E 102.38 feet to the southwest comer of a parcel of land as shown on that certain Record of Survey No.2132, records of the Ada County Recorder's Office; Thence N 89°56'11" E 112.62 feet along the south boundary of said parcel to a point; Thence S 00100'00" W 365.13 feet parallel with the east line of the NW'/d to the REAL POINT OF BEGINNING of this description; Said parcel of land contains 1.813 acres, more or less. Michael E. Marks, P.L.S. No. 4998 990950\hoover.des I� I►I W AOVA By �r 1999 ,'.IRIDIAN PUBLIC WORKS DEPT. TOTAL P.02 NOU 16 199 08:55 12083452950 PRGE.02 MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless March 10, 2000 HUB OF TREASURE VALLEY �•-- A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 Lynd Hoover 3420 Sugar Creek Meridian, ID 83642 LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211• Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 - Fax 888-6854 FILE COPY Re: Findings of Fact, Conclusions of Law and Decision of Order Granting Request for Rezone of 1.761 acres Dear Mr. Hoover: Enclosed is a signed copy of the approved Findings of Facts and Conclusions of Law and Decision and Order for the above -referenced application. Please feel free to call if you should have any questions. Sincerely, %at b Shelby Ugrriza City Clerk's Office seu enc. BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR REZONE OF APPROXIMATELY 1.761 ACRES FOR APARTMENT DEVELOPMENT AT 1318 E. FOURTH STREET, LYND HOOVER, Applicant. FILE Copy Case No: RZ-00-001 MAR - 1 2000 CITY OF MERIDIAN 02-28-00 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING APPLICATION FOR REZONE The above entitled matter on the rezoning application of 1.761 acres having come on for public hearing on February 15, 2000, at the hour of 7:30 o'clock p.m., and Council having received the report of Shari Stiles, Planning and Zoning Administrator, and Bruce Freckleton, Assistant to City Engineer, and Lynd Hoover, the Applicant, appeared and testified, and no one appeared in opposition to the request, and the Council having received the record of this matter made before the Planning and Zoning Commission, and having received their Recommendation to the City Council, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, Decision and Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1.761 ACRES FROM R-8 AND R-15 TO ENTIRELY R-15 BY: LYND HOOVER / (RZ-00-001) - 1 FINDINGS OF FACT 1. The notice of public hearing on the application for rezoning was published for two (2) consecutive weeks prior to said public hearing scheduled for February 15, 2000, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the February 15, 2000, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Meridian City Code Title 11 and Title 12, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1.761 ACRES FROM R-8 AND R-15 TO ENTIRELY R-15 BY: LYND HOOVER / (RZ-00-001) - 2 and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629 — January 4, 1994, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately 1.761 acres in size. The property is generally located at 1318 E. Fourth Street, in Meridian, and is described as follows: A parcel of land lying in the NW 1/4 of Section 7, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the center 1/4 corner of Section 7, Township 3 North, Range 1 East, Boise Meridian, thence N 00°00'00" E 1294.00 feet along the east line of the NW 1/4 to a point; thence S 89°01'30" W 517.00 feet parallel with the south line of the NW 1/4 to the REAL POINT OF BEGINNING of this description; Thence continuing S 89°01'30" W 215.01 feet to a point; Thence N 00°00'00" E 370.48 feet parallel with the east line of the NW 1/4 to the northeast corner of Olive Dale Subdivision No. 1, filed in Book 21 of Plats, at Page 1392, records of the Ada County Recorder's Office. Thence S 88°58'53" E 102.38 feet to the southwest corner of a parcel of land as shown on that certain Record of Survey No. 2132, records of Ada County Recorder's Office; Thence N 89°56'11" E 112.62 feet along the south boundary of said parcel to a point; Thence S 00°00'00" W 365.13 feet parallel with the east line of the NW 1/4 to the REAL POINT OF BEGINNING of this description; Said parcel of land contains 1.813 acres, more or less. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1.761 ACRES FROM R-8 AND R-15 TO ENTIRELY R-15 BY: LYND HOOVER/ (RZ-00-001) - 3 5. The owner of record of the subject property is Lynd Hoover, of 3420 Sugar Creek, Meridian, Idaho. 6. The Applicant is the owner of record. 7. The property is presently zoned as R-8 and R-15, and is vacant except for one house. S. The Applicant requests the property be rezoned to R-15 entirely. 9. The proposed site is surrounded by R-8 and R-15 zoned property. The site is located at 1318 E. Fourth Street. 10. The subject property is within city limits of the City of Meridian. 11. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 12. The Applicant proposes to develop the subject property in the following manner: apartment development. 13. The Applicant's requested rezoning of the subject real property as R-15 is consistent with the commercial designation on the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Existing Urban. 14. There are no significant or scenic features of major importance that affect the consideration of this application. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1.761 ACRES FROM R-8 AND R-15 TO ENTIRELY R-15 BY: LYND HOOVER / (RZ-00-001) - 4 15. The subject application for rezone and the proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: Goals Section Goal 4: To provide housing opportunities for all economic groups within the community. Goal 8: To establish compatible and efficient use of land through the use of innovative and functional site design. Goal 9: To encourage a balance of land use patterns to ensure that revenues pay for services. Goal 10: To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. Economic Development Chapter 3.1 U — Approve quality housing projects that meet the needs of all economic levels. 3.2U — Encourage efforts to develop and maintain quality neighborhoods and housing... Land Use Chapter Goal: All land use development in the Meridian area will be considered an asset to the community and not detract from our quality of life. 1 AU — Encourage new development which reinforces the City's present development pattern of higher -density development within the Old Town area and lower -density development in outlying areas. 1.8U — Promote the development of high-quality and environmentally compatible residential areas that contain the necessary parks, schools and commercial facilities to maintain and form identifiable neighborhoods. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1.761 ACRES FROM R-8 AND R-15 TO ENTIRELY R-15 BY: LYND HOOVER / (RZ-00-001) - 5 2.1 U — Support a variety of residential categories for the purpose of providing the City with a range of affordable housing opportunities. 2.3U — Protect and maintain residential neighborhood property values, improve each neighborhood's physical condition and enhance its quality of life for residents. 2AU — Encourage sidewalks and paved streets for all existing neighborhoods... 2.5U — Encourage compatible infill development which will improve existing neighborhoods. Transportation Chapter Local Streets: Serve primarily to provide direct access to abutting residential units and should be for local traffic movement. They are generally two lanes with parking with a right-of-way width of about 50 feet. Service to through -traffic is discouraged. The remaining transportation corridors of the Meridian Urban Service Planning Area are recommended for local street status. 1.2U - Achieve a local transportation system connected to all modes of the regional transportation system. 1 AU - Monitor and coordinate the compatibility of the land use and transportation system. 1.19U - Encourage proper design of residential neighborhoods to ensure their safety and tranquility. Housing Chapter 1.4 - The development of housing for all income groups close to employment and shopping centers should be encouraged. 1.6 - Housing proposals shall be phased with transportation, open space and public service and facility plans, which will maximize benefits to the residents, minimize conflicts and provide a tie-in between new residential areas and service needs. 1.9 - The efficient use of land for public facilities, transportation systems, utilities, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1.761 ACRES FROM R-8 AND R-15 TO ENTIRELY R-15 BY: LYND HOOVER/ (RZ-00-001) - 6 and the economic arrangement of buildings should be promoted. 1.12 - Land development regulations should be revised to encourage the infilling of existing vacant parcels within the city limits. 1.14 - Design and performance standards should be applied to infilling development in order to reduce adverse impacts upon existing adjacent development. 1.15 - Owners or remnant residential parcels or partially -developed residential parcels should be encouraged to consolidate these properties where possible to prevent the proliferation of small parcels of vacant land within the city limits. 1.19 - High-density development, where possible, should be located near open space corridors or other permanent major open space and park facilities, and near major access thoroughfares. Community Design Chapter 6. 1 —All Meridian neighborhoods will be served with sidewalks, curb and gutters, and functional streets. 6.2U — Pedestrian access connectors will be required in all new development to link subdivisions together to promote neighborhood identity. 6.11 U — Promote well-planned and well-designed affordable housing in all Meridian neighborhoods. 16. In review of the application for rezone it is provided at Meridian City Code § 11-15-11 for the General Standards that the Commission and Council review this proposed zoning amendment and pursuant to the criteria of said section finds that: 16.1 The new zoning will be harmonious with and in accordance with the Comprehensive Plan; 16.2 The area included in the zoning amendment is not FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1.761 ACRES FROM R-8 AND R-15 TO ENTIRELY R-15 BY: LYND HOOVER / (RZ-00-001) - 7 intended to be rezoned in the future; 16.3 The proposed use will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area, subject to the conditions of the conditional use process; 16.4 The proposed use will not be hazardous or disturbing to existing or future neighboring uses, subject to the conditions of the conditional use process; 16.5 The area will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 16.6 The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 16.7 The use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 16.8 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 16.9 The use will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 16.10 The proposed zoning will be in the best interest of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1.761 ACRES FROM R-8 AND R-15 TO ENTIRELY R-15 BY: LYND HOOVER / (RZ-00-001) - 8 16.2 Staff conditions provide as follows: 16.2.1 Sanitary sewer service to this site could be via an extension from the existing main that is adjacent to the proposed development. Upon development, applicant will be responsible to construct the sewer mains to and through this proposed site. Development designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 16.2.2 Water service to this site will be via extensions of existing mains installed adjacent to the proposed site. Upon development, applicant will be responsible to construct the water mains to and through this proposed site. Development designer to coordinate main sizing and routing with the Public Works Department. Applicant shall be required to complete looping of water mains into existing adjacent developments. 16.2.3 Enforcement action may be initiated if this parcel is not brought into an acceptable condition within the next 30 days. The existing fence does not meet setback requirements, many vehicles (most appearing to be disabled) are present, and there is generally a proliferation of miscellaneous equipment and materials. Without an on- site inspection, staff is unable to determine all the violations that presently exist. Total clean-up of the site and compliance with existing ordinances within 30 days is required. 16.2.4Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non- domestic purposes such as landscape irrigation. 16.2.5 Provide five -foot -wide sidewalks in accordance with City Ordinance and other roadway dedication and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1.761 ACRES FROM R-8 AND R-15 TO ENTIRELY R-15 BY: LYND HOOVER / (RZ-00-001) - 9 improvements as required by ACHD. 16.2.6Dedicate 25 -feet of right-of-way for the extension 4th Street abutting the parcel along the west property line from Badley Street to the south property line, by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 16.2.7The Applicant shall construct a 5 -foot wide concrete sidewalk only on the property owned by the Applicant. 16.2.8Extend 4th Street from Badley Street to the south property line as one-half of a 37 -foot street section, plus 12 -feet of additional pavement, with curb, gutter and 5 -foot wide concrete sidewalk. Coordinate the improvements with District staff. 16.2.9 Construct driveways 24 to 30 -feet wide and a minimum of 50 -feet from any street intersection. Pave the driveways their full required width and at least 30 -feet beyond the edge of pavement of Badley Street or 4th Street. 16.2. l OUtility street cuts in the new pavement are not allowed unless approved in writing by the District. 16.2.11As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 17. The legal description of the property that is the subject of this application for re -zone is as follows: A parcel of land lying in the NW 1/4 of Section 7, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the center 1/4 corner of Section 7, Township 3 North, Range 1 East, Boise Meridian, thence N 00°00'00" E 1294.00 feet along FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1.761 ACRES FROM R-8 AND R-15 TO ENTIRELY R-15 BY: LYND HOOVER / (RZ-00-001) - 10 the east line of the NW 1/4 to a point; thence S 89°01'30" W 517.00 feet parallel with the south line of the NW 1/4 to the REAL POINT OF BEGINNING of this description; Thence continuing S 89°01'30" W 215.01 feet to a point; Thence N 00°00'00" E 370.48 feet parallel with the east line of the NW 1/4 to the northeast corner of Olive Dale Subdivision No. 1, filed in Book 21 of Plats, at Page 1392, records of the Ada County Recorder's Office. Thence S 88°58'53" E 102.38 feet to the southwest corner of a parcel of land as shown on that certain Record of Survey No. 2132, records of Ada County Recorder's Office; Thence N 89°56'11" E 112.62 feet along the south boundary of said parcel to a point; Thence S 00°00'00" W 365.13 feet parallel with the east line of the NW 1/4 to the REAL POINT OF BEGINNING of this description; Said parcel of land contains 1.813 acres, more or less. CONCLUSIONS OF LAW 1. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 2. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 3. The following are found to be pertinent provisions of the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1.761 ACRES FROM R-8 AND R-15 TO ENTIRELY R-15 BY: LYND HOOVER / (RZ-00-001) - 11 Meridian Comprehensive Plan and are applicable to this Application: Goals Section Goal 4: To provide housing opportunities for all economic groups within the community. Goal 8: To establish compatible and efficient use of land through the use of innovative and functional site design. Goal 9: To encourage a balance of land use patterns to ensure that revenues pay for services. Goal 10: To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. Economic Development Chapter 3.1 U — Approve quality housing projects that meet the needs of all economic levels. 3.2U — Encourage efforts to develop and maintain quality neighborhoods and housing... Land Use Chapter Goal: All land use development in the Meridian area will be considered an asset to the community and not detract from our quality of life. 1 AU — Encourage new development which reinforces the City's present development pattern of higher -density development within the Old Town area and lower -density development in outlying areas. 1.8U — Promote the development of high-quality and environmentally compatible residential areas that contain the necessary parks, schools and commercial facilities to maintain and form identifiable neighborhoods. 2.1 U — Support a variety of residential categories for the purpose of providing the City with a range of affordable housing opportunities. 2.3U — Protect and maintain residential neighborhood property values, improve each FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1.761 ACRES FROM R-8 AND R-15 TO ENTIRELY R-15 BY: LYND HOOVER / (RZ-00-001) - 12 neighborhood's physical condition and enhance its quality of life for residents. 2AU — Encourage sidewalks and paved streets for all existing neighborhoods... 2.5U — Encourage compatible infill development which will improve existing neighborhoods. Transportation Chapter Local Streets: Serve primarily to provide direct access to abutting residential units and should be for local traffic movement. They are generally two lanes with parking with a right-of-way width of about 50 feet. Service to through -traffic is discouraged. The remaining transportation corridors of the Meridian Urban Service Planning Area are recommended for local street status. 1.2U - Achieve a local transportation system connected to all modes of the regional transportation system. 1.4U - Monitor and coordinate the compatibility of the land use and transportation system. 1.19U - Encourage proper design of residential neighborhoods to ensure their safety and tranquility. Housing Chapter 1.4 - The development of housing for all income groups close to employment and shopping centers should be encouraged. 1.6 - Housing proposals shall be phased with transportation, open space and public service and facility plans, which will maximize benefits to the residents, minimize conflicts and provide a tie-in between new residential areas and service needs. 1.9 - The efficient use of land for public facilities, transportation systems, utilities, and the economic arrangement of buildings should be promoted. 1.12 - Land development regulations should be revised to encourage the infilling of existing vacant parcels within the city limits. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1.761 ACRES FROM R-8 AND R-15 TO ENTIRELY R-15 BY: LYND HOOVER / (RZ-00-001) - 13 1. 14 - Design and performance standards should be applied to infilling development in order to reduce adverse impacts upon existing adjacent development. 1.15 - Owners or remnant residential parcels or partially -developed residential parcels should be encouraged to consolidate these properties where possible to prevent the proliferation of small parcels of vacant land within the city limits. 1.19 - High-density development, where possible, should be located near open space corridors or other permanent major open space and park facilities, and near major access thoroughfares. Community Design Chapter 6.1 U — All Meridian neighborhoods will be served with sidewalks, curb and gutters, and functional streets. 6.2U — Pedestrian access connectors will be required in all new development to link subdivisions together to promote neighborhood identity. 6.11 U — Promote well-planned and well-designed affordable housing in all Meridian neighborhoods. 4. The requested zoning of Medium High Density Residential District, (R-15) is defined in the Zoning Ordinance at 11-7-2 E as follows: (R-15) Medium High Density Residential District: The purpose of the (R-15) District is to permit the establishment of medium-high density single-family attached and multi -family dwellings at a density not exceeding fifteen (15) dwelling units per acre. All such districts must have direct access to a transportation arterial and 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. The predominant housing types in this District will be patio homes, zero lot line single- family dwellings, townhouses, apartment buildings and condominiums. 5. Idaho Code § 67-6511 provides and requires that the City FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1.761 ACRES FROM R-8 AND R-15 TO ENTIRELY R-15 BY: LYND HOOVER / (RZ-00-001) - 14 shall establish by ordinance one or more zones or zoning districts in accordance with the adopted Comprehensive Plan and the ordinance establishing zoning districts can be amended with particular consideration given to the effects of any proposed zone change upon the delivery of services by any political subdivision providing public services, including school districts, within the City's planning jurisdiction and that it is in conformance with the Comprehensive Plan. 6. Idaho Code § 67-6511A provides: Each governing board may, by ordinance adopted or amended in accordance with the notice and hearing provisions provided under section 67-6509, Idaho Code, require or permit as a condition of rezoning that an owner or developer make a written commitment concerning the use or development of the subject parcel. The governing board shall adopt ordinance provisions governing the creation, form, recording, modification, enforcement and termination of conditional commitments. 7. The City of Meridian by the adoption of Meridian City Code § 11-15-12 has exercised its authority to require or permit as a condition of rezoning that an owner or developer make a written commitment concerning the use or development of the subject property. follows: 8. § 11-6-1 ZONING DISTRICT MAP provides in part as The districts established in this Ordinance as shown on the Official Zoning Map, together with all explanatory matter thereon, are hereby adopted as part of this Ordinance. Where uncertainty exists with respect to the boundaries of any of the zoning districts as shown on the Official Zoning Map, the following shall apply: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1.761 ACRES FROM R-8 AND R-15 TO ENTIRELY R-15 BY: LYND HOOVER / (RZ-00-001) - 15 8.1 Where district boundaries are indicated as approximately following the centerline of street lines, highway right-of-way lines, streams, lakes or other bodies of water, the centerline shall be construed to be such boundary; 8.2 Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries; 8.3 Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Official Zoning Map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the Official Zoning Map; and 8.4 Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of said railroad line. 9. § 11-15-11of the Meridian City Code GENERAL STANDARDS APPLICABLE TO ZONING AMENDMENTS provides in part as follows: The Commission and Council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment: 9.1 The new zoning will be harmonious with and in accordance with the Comprehensive Plan. 9.2 The area is not intended to be rezoned in the future. 9.3 The area is intended to be developed in the fashion that is allowed under the new zoning. 9.4 There has been no change in the area or adjacent areas which would dictate the area should be rezoned. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1.761 ACRES FROM R-8 AND R-15 TO ENTIRELY R-15 BY: LYND HOOVER / (RZ-00-001) - 16 9.5 The proposed uses will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; 9.6 The proposed uses will not be hazardous or disturbing to existing or future neighboring uses; 9.7 The area will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sever or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 9.8 The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 9.9 The proposed uses will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 9.10 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 9.11 The use will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 9.12 The proposed zoning amendment is in the best interest of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1.761 ACRES FROM R-8 AND R-15 TO ENTIRELY R-15 BY: LYND HOOVER / (RZ-00-001) - 17 DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN ADOPTED, the City Council does hereby Order and this does Order: The Applicant's request for rezone of approximately 1.761 acres for construction and development of an apartment development is granted, subject to the terms and conditions of this Order hereinafter stated; and 2. The following special terms and conditions of use and development relate to this application to -wit: 2.1 Sanitary sewer service to this site could be via an extension from the existing main that is adjacent to the proposed development. Upon development, applicant will be responsible to construct the sewer mains to and through this proposed site. Development designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 2.2 Water service to this site will be via extensions of existing mains installed adjacent to the proposed site. Upon development, applicant will be responsible to construct the water mains to and through this proposed site. Development designer to coordinate main sizing and routing with the Public Works Department. Applicant shall be required to complete looping of water mains into existing adjacent developments. 2.3 Enforcement action may be initiated if this parcel is not brought into an acceptable condition within the next 30 days. The existing fence does not meet setback requirements, many vehicles (most appearing to be disabled) are present, and there is generally a proliferation of miscellaneous equipment and materials. Without an on-site inspection, staff is unable to determine all the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1.761 ACRES FROM R-8 AND R-15 TO ENTIRELY R-15 BY: LYND HOOVER/ (RZ-00-001) - 18 violations that presently exist. Total clean-up of the site and compliance with existing ordinances within 30 days is required. 2.4 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 2.5 Provide five -foot -wide sidewalks in accordance with City Ordinance and other roadway dedication and improvements as required by ACHD. 2.6 Dedicate 25 -feet of right-of-way for the extension 4th Street abutting the parcel along the west property line from Badley Street to the south property line, by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 2.7 The Applicant shall construct a 5 -foot wide concrete sidewalk only on the property owned by the Applicant. 2.8 Extend 4th Street from Badley Street to the south property line as one-half of a 37 -foot street section, plus 12 -feet of additional pavement, with curb, gutter and 5 -foot wide concrete sidewalk. Coordinate the improvements with District staff. 2.9 Construct driveways 24 to 30 -feet wide and a minimum of 50 - feet from any street intersection. Pave the driveways their full required width and at least 30 -feet beyond the edge of pavement of Badley Street or 4th Street. 2.10 Utility street cuts in the new pavement are not allowed unless approved in writing by the District. 2.11 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1.761 ACRES FROM R-8 AND R-15 TO ENTIRELY R-15 BY: LYND HOOVER / (RZ-00-001) - 19 3. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the re -designation of the zoning for the real property which is the subject of the application to (R-15) Medium High Density Residential District (Meridian City Code § 11-7-2 E) which ordinance shall be considered for passage. 4. Subsequent to the passage of the Ordinance, provided for in Section 2 of this Order, the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official Zoning Maps as provided in Meridian City Code § 11-21-1 in accordance with the provisions of the rezoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the rezoning may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held onCG261-L Z!" 2000. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1.761 ACRES FROM R-8 AND R-15 TO ENTIRELY R-15 BY: LYND HOOVER/ (RZ-00-001) - 20 ROLL CALL COUNCILMAN RON ANDERSON VOTED COUNCILMAN KEITH BIRD VOTED L �� COUNCIL PERSON TAMMY deWEERD VOTED *,— COUNCIL PERSON CHERIE McCANDLESS VOTED MAYOR ROBERT CORRIE (TIE BREAI(ER) VOTED DATED: 7��D MOTION: APPROVED - DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. By:,,GL� Dated: ✓' �'Od City Clerlc ``l*�``,t�ttt54t311iti7 it/lll�'f,'f,,�' msg/Z:\Work\M\Meridian 15360M\Hoover Rezone\FfSC1s0rderREZ _ SEAL - FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1.761 ACRES FROM R-8 AND R-15 TO ENTIRELY R-15 BY: LYND HOOVER / (RZ-oo-o01) - 21 RZ 00--001 March 2, 2000 MERIDIAN CITY COUNCIL MEETING: MARCH 7 2000 APPLICANT: LYND HOOVER AGENDA ITEM NUMBER: REQUEST: FFCL - REZONE OF 1.761 ACRES FROM R-8 AND R-15 TO ENTIRELY R-15 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER 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: COMMENTS SEE ATTACHED FINDINGS aTv �/ 0 OTHER: Materials presented at public meetings shall become property of the City of Meridian. WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW JUSTIN P. AYLSWORTH PHILIP A. PETERSON KATHY J. EDWARDS STEPHEN L. PRUSS JULIE KLEIN FISCHER ERIC S. ROSSMAN Wm. E GIGRAY, III TODD A. ROSSMAN D. SAMUEL JOHNSON R. STEPHEN RUTHERFORD WILLIAM A. MORROW DAVID M. SWARTLEY WILLIAM F. NICHOLS* TERRENCE R. WHITE" CHRISTOPHER S. NYE -ALSO ADMITTED IN OR • ALSO ADMITTED IN WA William G. Berg, Jr., City Cleric MERIDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288-2499 FAX (208) 288.2501 Email via Internet @ wI90kwPPnI&C0m February 28, 2000 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653.0247 TEL (208) 466.9272 FAX (208) 466.4405 MAR - 1 2000 CITY OF MER,IDUN Re: LYND HOOVER / REZONE FINDINGS and REZONE ORDINANCE / CERTIFICATION OF CLERIC Dear Will: PLEASE REPLY TO MERIDIAN OFFICE Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR REZONE prepared as per instructions from the Council meeting of February 15, 2000, and which are on the agenda for March 7, 2000. Also, please find enclosed the above Ordinance and the Certification of the Clerk for the rezone for Lynd Hoover. After the Findings of Fact and Conclusions have been adopted, then please place this ordinance on the City Council agenda. This ordinance ,_ _ ..i A __ ­ I- — _,.,.--A ..—+:I +I,— of Fnvt anti C'nnr•luSions of Law and Decision If you have any questions arise, please advise. ;Very trul ours Wm. F. Nicho msg\z:\Work\M\Meridian 15360M\Hoover Rezone\FFCL and OrdinanceCllcltr Hoover RZ 00-001 00 Mar 06 f�FTi11 CERTIFIED MAIL RETURNS e ress Reason Jerome Roe 312 E. Washington Ave Unclaimed FEBRUARY 11, 2000 MERIDIAN CITY COUNCIL MEETING: FEBRUARY 15 2000 APPLICANT: LYND HOOVER AGENDA ITEM NUMBER: 8 REQUEST: REZONE OF 1.761 ACRES FROM R-8 AND R-15 TO ENTIRELY R-15 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER 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: COMMENTS SEE ATTACHED RECOMMENDATIONS eIVAJ OTHER: Materials presented at public meetings shall become property of the IIX 1 r11 ��, 0 Gv���s 3/7 �rdt Y) an WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. JULIE KaN Fismm ATTORNEYS AT LAW F (aiAY, lit D. S u D. SAMOA,. N 200 EAn CARLTON AVENUE WILLIAM A. MoltRow Mon POST OFFICE BOX 1150 WILLIAM F. NICHOLS MERIDIAN, IDAHO 83680-1150 CHIUSTOPHER S. NYE PHILIP A. PSMSON TA. (208) 298-2499 STEPHEN L. PRUSS FAX (208) 288-2501 ERic S. ROssMAN Tom A. RosSMAN DAVIDM. SwARTLEY T> RRAacER WHITE E-MAIL: dms@wppmg.o m To: Staff/Applicant/Affected Property Owner(s) Re: RZ-00.001 City Council Hearing Date: February 15, 2000 Q� NAMPA OFFICE 104 NINTH AvmgiSoum POST OFFICE BOX 247 NAMPA, IDAHO 93653-0247 TEL (208) 466-9272 FAX (209) 466-4405 PLEASE REPLY TO MERIDIAN OFFICE FEB - 2 2000 FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION Please note that these Findings and Recommendations of the Planning and Zoning Commission shall be presented to the City Council at the public hearing on the above referenced matter by the Planning and Zoning Administrator. Due to the volume of matters which the City Council must decide, and to ensure your position is understood and clear, it is important to have a consistent format by which matters are presented at the public hearings before the City Council. The City Council strongly recommends: l . That you take time to carefully review the Findings and Recommendations of the Planning and Zoning Commission, and be prepared to state your position on this application by addressing the Findings and Recommendations of the Planning and Zoning Commission; and 2. That you carefully complete (be sure it is legible) the Position Statement if you disagree with the Findings and Recommendations of the Planning and Zoning Commission. The Position Statement form for this application is available at the City Clerk's office. It is recommended that you prepare a Position Statement and deliver it to the City Clerk prior to the hearing, if possible. I£ that is not possible, please present your Position Statement to the City Council at the hearing, along with eight (8) copies. The copies will be presented to the Mayor, Council, Planning and Zoning Administrator, Public Works and the City Attorney. If you are a part of a group, it is strongly recommended that one Position Statement be filled out for the group, which can be signed by the representative for the group. Very truly yours, City Attorne 's Office Enclosure ev/ I �C FEB - 2 2000 CITY OF 52WI)IAN BEFORE THE PLANNING AND ZONING COMMISSION In The Matter of The REQUEST FOR REZONE of APPROXIMATELY 1.761 ACRES FOR 1318 E. FOURTH STR. LYND HOOVER, ) Applicant ) Case No. RZ-00-001 RECOMMENDATION TO CITY COUNCIL 1. The property is approximately 1.761 acres in size. The property is generally located at 1318 E. Fourth Street, in Meridian. 2. The owner of record of the subject property is Lynd Hoover, of 3420 Sugar Creek, Meridian, Idaho. 3. The Applicant is the owner of record. 4. The property is presently zoned as R 8 and R 15, and is vacant except for one house. 5. The Applicant requests the property be rezoned to R 15 entirely. 6. The proposed site is surrounded by R-8 and R-15 zoned property, The site is located at 1318 E. Fourth Street. 7. The subject property is within city limits of the City of Meridian. 8. The entire parcel of the property is included within the Meridian Urban RECOMMENDATION TO CITY COUNCIL - I REQUEST FOR REZONE - R-8 AND R-15 TO ALL R-15 BY LYND HOOVER Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 9. The Applicant proposes to develop the subject property in the following manner: apartment development. 10. The Applicant's requested rezoning of the subject real property as R-15 is consistent with the commercial designation on the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Existing Urban. 11. There are no significant or scenic features of major importance that affect the consideration of this application. RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the rezoning as requested by the Applicant for the property described in the application. 1.1 A Development Agreement is strongly recommended and any future use should be developed as a planned unit development under the conditional use permit process. 1.2 Sanitary sewer service to this site could be via an extension from the existing main that is adjacent to the proposed development. Upon development, applicant will be responsible to construct the sewer mains to and through this proposed site. Development designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 1.3 Water service to this site will be via extensions of existing mains installed adjacent to the proposed site. Upon development, applicant will be responsible to construct the water mains to and through this RECOMMENDATION TO CITY COUNCIL - 2 REQUEST FOR REZONE - R-8 AND R-15 TO ALL R 15 BY LYND HOOVER proposed site, Development designer to coordinate main sizing and routing with the Public Works Department. Applicant shall be required to complete looping of water mains into existing adjacent developments. 1.4 Enforcement action may be initiated if this parcel is not brought into an acceptable condition within the next 30 days. The existing fence does not meet setback requirements, many vehicles (most appearing to be disabled) are present, and there is generally a proliferation of miscellaneous equipment and materials. Without an on-site inspection, staff is unable to determine all the violations that presently exist. if rezoning is approved, total clean-up of the site and compliance with existing ordinances within a specific time frame should be required. 1.5 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 1.6 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 1.7 Provide five -foot -wide sidewalks in accordance with City Ordinance and other roadway dedication and improvements as required by ACRD. 1.8 Dedicate 25 -feet of right-of-way for the extension 4th Street abutting the parcel along the west property line from Badley Street to the south property line, by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 1.9 Construct a 5 -foot wide concrete sidewalk on Badley Street located adjacent to the existing curb and gutter, abutting the entire parcel. 1.10 Extend 4th Street from Badley Street to the south property line as one- half of a 37 -foot street section, plus 12 -feet of additional pavement, with curb, gutter and 5 -foot wide concrete sidewalk. Coordinate the improvements with District staff. RECOMMENDATION TO CITY COUNCIL - 3 REQUEST FOR REZONE - R-8 AND R-15 TO ALL R-15 BY LYND HOOVER 1.11 Construct driveways 24 to 30 -feet wide and a minimum of 50 -feet from any street intersection. Pave the driveways their full required width and at least 30 -feet beyond the edge of pavement of Badley Street or 4t' Street. 1.12 Utility street cuts in the new pavement are not allowed unless approved in writing by the District. 1.13 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. Z:\Work\M\Meridian 15360M\1ioover Rezone\1iooverRezoneRec.wpd RECOMMENDATION TO CITY COUNCIL - 4 REQUEST FOR REZONE - R-8 AND R-15 TO ALL R-15 BY LYND HOOVER NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on February 15, 2000, for the purpose of reviewing and considering the application of Lynd Hoover for the rezone of 1.761 acres from R-8 and R-15 to entirely R-15 located at 1318 E. 4th A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 18th day of January. WILLIAM G. BERG, -- I CLERK "OkiltI ftrtttitp1C)f� , i *e -4ri6f PUBLISH January 28tH11 , 2000, and February m, 2000. REAL 0 W W L-1 II I I I I I I I"� I I I .--L--J 0 0 0 0 Im s W CP -- The Idaho �I o, Nil eridian Statesman P.O. BOX 40, BOISE, IDAHO 83707-0040 LEGAL ADVERTISING INVOICED-n'i-29 - - -- Account Number/Trans. # Identification 064514 185953 HOOVER -- Ordered-By - -- -- --- - Pa). Number---- - -- - -Rate SHELBY CITY OF MERIDIAN 33 E. IDAHO AVE MERIDIAN, ID 83642-2631 LEGAL NOTICE PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on Febru- ary 15, 2000, for the purpose of reviewing and considering the application of Lynd Hoover for the rezone of 1.761 acres from R-8 and R-15 to entirely R-15 located at 1318 E. 4th. A more Particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection dur- ing regular business hours. A copy of the application is available upon request. Any and all interested per- sons shall be heard at s earing and the Public is w to submit testimony. DATED this 1 &f WILLIAM G JR., Pub. Jan. 28,yjfiq_ }(2000„% ",' -13 �f �I » ?1Y 3, $46.20 NT JANUARY 28 FEBRUARY 11, 2000 Estimated Inches Real Inches 30 LINES # Affldavits Legal Number 1 6113 JANICE HILDRETH , being duly sworn, deposes and says: That she is the Principal Clerk of The Idaho Statesman, a daily newspaper printed and published at Boise, Ada County, State of Idaho, and having a general circulation therein and which said newspaper has been continuously and uninterruptedly published in said County during a period of twelve consecutive months prior to the first publication of the notice, a copy of which is attached hereto; that said notice was published in The Idaho Statesman in conformity with Section 60-108, Idaho Code as amended, for TWO ❑ consecutive weekly ❑ single ❑ consecutive daily x❑ odd skip insertion(s) beginning with the issue of JANUARY 28 2000 and ending with the issue of FEBRUARY 11 - -- 2000 STATE OF IDAHO ) ss. COUNTY OF ADA ) Val ���� t' On this 11 TH day of FEBRUARY in the year of 2000 before me, a Notary Public, personally appeared JANICE HILDRETH known or identified �►•" to me to be the person whose name subscribed to the within instrument, a and being by me first duly sworn, declared that the statements therein are true, and acknowledged to me that she executed the same. Notary Public for Idaho — -- Residing at: Boise, Idaho My commission expires: Acla Count�f,__Riq4waV 2)ijtpict Judy peavey-uerr, President 318 East 37th Street Dave Bivens, Vice President Garden City, Idaho 83714-6499 Marlyss Meyer, Secretary Phone (208) 387-6100 Sherry R. Huber, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner E-mail: tellus@achd.ada.id.us January 12, 2000 Lynd Hoover 3420 Sugar Creek Meridian, ID 83642 Re: Staff Level Approval MRZ00-001 Facts and Findings: 1318 E. 4"' Street REcElvED JAN 2 1 2000 City of Meridian City Clerk Office Rezone R-8 to R-15 A. The Ada County Highway District (ACHD) staff has received the above referenced application requesting a rezone from R-8 and R-15, to R-15 for the entire site. The 1.76 -acre site is located at the southeast corner of Badley Street and 4"' Street. This development is estimated to generate 170 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. B. The application and site plan stamped as received by City of Meridian on November 16, 1999, and submitted to the District on December 9, 1999, have been reviewed by the ACHD Planning and Development staff and conforms to applicable District standards/policy, or can be made to conform with the change(s) to the plan described in the requirements stated below. This is a staff level approval and will not be heard by the ACHD Commission unless the site plan is changed in such a manner as to not conform with District standards/policy or an appeal of the Planning and Development staff decision is submitted as described within the Standard Requirements outlined below. C. On December 13, 1999, the District Planning and Development staff inspected this site and evaluated the transportation system in the vicinity. On December 20, 1999, the staff met as the District's Technical Review Committee and reviewed the impacts of this proposed development on the District's transportation system. The results of that analysis constitute the following Facts and Findings and recommended Site Specific Requirements. I_PGAUI,Ai,w:- ^,'I :I[t1dC If the rezone is approved and the District receives a development proposal, the District intends to provide the following requirements, in addition to any additional requirements that may apply upon District review of future development, to the City of Meridian: Site Specific Requirements: Dedicate 25 -feet of right-of-way for the extension of 4' Street abutting the parcel along the west property line from Badley Street to the south property line, by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of- way dedication after receipt of all requested material. The owner will not be compensated for this additional right-of-way because is a local street and is to be brought to adopted standards by the developers of abutting properties. 2. Construct a 5 -foot wide concrete sidewalk on Badley Street located adjacent to the existing curb and gutter, abutting the entire parcel. Extend 4th Street from Badley Street to the south property line as one-half of a 36 -foot street section, plus 12 -feet of additional pavement, with curb, gutter and 5 -foot wide concrete sidewalk. Coordinate the improvements with District staff. 4. Construct driveways 24 to 30 -feet wide and a minimum of 50 -feet from any street intersection. Pave the driveways their full required width and at least 30 -feet beyond the edge of pavement of Badley Street or 4`'' Street. Utility street cuts in the new pavement are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file number) for details. 6. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. Standard Requirements: This decision of the Planning and Development Supervisor may be appealed to the Ada County Highway District Commission by the applicant or by another party within 15 calendar days from the date of this report. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The request will be heard by the District Commission at an evening meeting within 20 calendar days of the District's receipt of the appeal letter. The appellant will be notified of the date and time of the Commission meeting. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within two days of the Page 2 M rzoo-oo 1.sig for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building constriction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and constriction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Constriction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 3. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. Page 3 M Zoo-oo i .sig r, Conclusion of Law: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the ACHD Planning and Development staff at 387-6170. Sincer ly, Sal Planning and Development Supervisor cc: Project file Lead agency Page 4 IV] rz00-00I sIa '� ��> � a '�- q" Meridian Planning' -d Zoning Commission January 12, 2000 Page 40 Brown: If I could clarify, Mr. Chairman. What you are asking for is staffs recommendation on page 4 that condition number 2 be removed. That there is no homeowners association, but that you would require in place of that that there be an easement maintained by the homeowners of those two lots and if I could recommend that that be a note on the face of the plat. Barbeiro: I would concur with that. Siddoway: Mr. Chairman, I just want to make sure that only the portion relating to the homeowners association and the common lot are deleted for number 2 and that the requirement for the detailed landscape plan be submitted with the final plat remains. Barbeiro: Correct, we will go ahead with that. The line under planning and zoning requirements number 2, page 4, the (inaudible) shall be come a common lot of the Subdivision and be maintained by the homeowners association be deleted (inaudible). Borup: Well then the sentence right before that. Staff recommends this buffer be designated separate lot. So, those two sentences. Barbeiro: I'm sorry. What was the recommendation for the Tutor Street. Siddoway: It is number 4 under planning and zoning requirements. If I might, maybe the clearest way to say this would be deleting the first two sentences of number 2 under planning and zoning requirements and requirement number 4 and all other staff comments remain. Barbeiro: That would be the second and third sentence on number 2. All of number 4 deferring to the ACHD - Swartley: And are you requiring an easement also? Barbeiro: Yes. Brown: I second that. Borup: Any discussion? All in favor? MOTION CARRIED: ALL AYES 10. PUBLIC HEARING: REQUEST FOR REZONE OF 1.761 ACRES FROM R-8 TO R-15 TO ENTIRELY R-15 BY LYND HOOVER -1318 E. 4TH: Borup: Steve, any staff report. Siddoway: Mr. Chairman, this property is currently split zoned. The northern half of the property is zoned R-8. The southern half of the property is zoned R-15. It is one parcel. Meridian Planning a, Zoning Commission January 12, 2000 Page 41 The located is the hashed area right here. The address is off an unimproved section of East Forth Street. It is west of the existing Creekside Arbour apartment complex which is currently zoned R-15. It is south of the proposed expansion of Creekside Arbour which was before you a couple months ago. The area surrounding is predominately apartments and duplex units with some single family housing. The parcel itself has 2 existing single family homes on the southern portion and on the northern portion contains an old mobile home that's reported to be occupied at times and has several old automobiles and weeds as you will soon see. This is the northern portion of the property the part that is currently zoned R-8 with the two houses. This is the southern portion of the property currently zoned R-15. The main question on this is whether its appropriate to be zoned all R-15 as the applicant is requesting. Most of the zoning around it is R-15. The only hang up and question that we have as staff is that the R-15 zone definition requires that it be adjacent to a collector or arterial and have open space requirements. I would point out that none of the other R-15 that surrounds this property meets that. Shari points out in her staff comments on general requirements number 5 that the clean up of the site needs to be done within the next 30 days to bring it into acceptable condition to meet current codes. That's all I have at this point. Borup: Any questions for Steve? Steve I thought I heard you say that the southern part was R--- Siddoway: R-15. It is currently R-8 and R-15 split zoned. Hoover: Lynd Hoover, 3420 Sugar Creek Drive, Meridian. Borup: Maybe I can make this short. Is there any -- We have the staff comments, have you had a chance to review those. Hoover: I have reviewed the staff comments. I have reviewed Ada County Highway District comments. I have no problem with any of their comments. Borup: Any questions from the Commissioner's? Barbeiro: I was curious what you would do with the property. Hoover: Well, as it is it's not sellable. I can't go to somebody and say I have a place that you can develop or put apartments on, but part of it is zoned this and part of it is zoned this and you can do it. They are not going to listen to be until I say it is zoned this way and you can do this with conditional use permit. Barbeiro: So you have no intention to – Hoover: I use to live in the house on the front and since I've moved it is a rental house. I don't plan myself to develop it—at least for the next couple years and I doubt it then. Borup: Thank you Mr. Hoover. Anyone here to comment or testify? Meridian Planning a Zoning Commission January 12, 2000 Page 42 Leavell: My name is Lucy Leavell. I live at 2720 S. Aerial Lane in Meridian. My husband and I own the property to the east of this piece and to the north. We have 2 concerns with this property and staff addressed them quite well. Mr. Hoover is quite willing to work with them, so perhaps they don't need to be restated. We were concerned—there was a drainage area through this property when we built to the west of it and or to the east and north, developing our partially, our street there to the north of it. We were required to accommodate the drainage and we did that with our development. Since that time, the drainage has just been filled in with loose dirt and it no longer drains and it has become a swampy area that is of concern. Borup: Does it back up under your property? Leavell: No. Actually some of the dirt filled in—it is above our fence line, but we did construct a fence there and it is not backing, to my knowledge, backing onto our property at this time. However, we have not had a wet year. The other concern that I had was just that the staff report didn't acknowledge the fact that they do have access to Badley which feeds into 2-1/2 Street. They do have a reasonable collector access for a small lot. I do think that the R-15 for the entire parcel is the reasonable use of this land. Thank you. Borup: Thank you. Any questions? Anyone else. Commissioner's. Brown: I recommend we close the public hearing. Barbeiro: I second the motion. Borup: Motion and second, all in favor? MOTION CARRIED: ALL AYES Borup: Steve was there any comment on the drainage? Siddoway: I don't know of a drainage issue and public works might be better suited to address that. Borup: Why don't you turn around and ask Mr. Hoover. Hoover: (from the audience) When they developed the apartments to the east (inaudible) the water ran off over there to a drainage ditch and collected (inaudible)No irrigation so there is no drainage. As far as the ground being built up higher along the fence line, that (inaudible)there is nothing to drain because there is no irrigation— Siddoway: The applicant is saying that there is nothing to drain because when the property to the east was developed with apartments, the irrigation ditch was abandoned and removed as opposed to tiled and still there, yes. It did drain across the property Meridian Planning a,^ Zoning Commission January 12, 2000 Page 43 toward Badley, but since that ditch was abandoned there is nothing there to drain anymore. Borup: Okay, if the project was developed and there was an existing drain that needed to go through there that would be addressed on the plat, so if there was something that would come up at that time on a plat. Siddoway: Yes, any such easements would show up on the plat and you could deal with them at that time. Barbeiro: I move that we recommend approval to City Council Item 10, request for rezone of 1.761 acres from R-8 to R-15 to entirely R-15 by the owner Lynd Hoover incorporating all staff comments. Brown: Second. Borup: All in favor. MOTION CARRIED: ALL AYES 40. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR PROPOSED TEMPORARY PARKING AND PRODUCT STORAGE ON ADJACENT LOTS ZONED C -G BY GARY BODILY -BODILY RV—MERIDIAN ROAD BETWEEN FRANKLIN AND GEM: Borup: Steve. Siddoway: This is the existing Bodily RV facility that fronts on First Street in downtown Meridian. The lot actually extends from First Street to Meridian Road. It is north of Gem Avenue and South of Franklin Road. They are proposing due to the rapid growth of their business, over flow parking and product storage to be approved on the two areas that are hashed on the map on the wall. In-between it is the existing Bodily RV facility. It would be restricted to or have a time limit of 12 to 18 months and we would— there are some issues whether the pavement—we would like to see some paving extend off of Meridian Road into the property to keep the gravel from migrating on to Meridian Road, but have no major hang ups with this. If you have any questions, I would be happy to answer them. Barbeiro: Steve, the pavement or paved road coming in essentially a little drive way (inaudible) off of Meridian Road in to that larger parcel. Siddoway: Yes actually I have a photograph that I forgot to show you. This is that lot behind Les Schwab. This photo is taking from Meridian Road looking east. This is the larger of the two lots that they are proposing to use. You can all ready see some RV's on there. They have been using it and they are going through this to formalize their permission to do so. The existing Bodily RV site as viewed from Meridian Road is this. 01/11/2000 15:58 2088885052 SANITARY SERVICE PAGE 04 HUB OF TREASURE VALLEY 1'.13yor LEGAL DEPARTMENT ROBERT D, CORRIE A Good Place to Live (20$) 288-=399 • Fax 288-'-50) CITY OF MERIDIAN Ciiv Council Members PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887.2211 - Fax 887-1297 RON ANDERSON (208) 888-4433 - Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD City Clerk Fax (208) 888-4218 DEFA RTNIENT (203) 88a-5533 - Faz 887.1297 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 recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: December 23, _1999 TRANSMITTAL DATE: December 8, 1999 HEARING DATE: January 11, 2000 FILE NUMBER: RZ-00-001 REQUEST: REZONE OF 1,761 ACRES FROM _R-8 AND R-15 TO ENTIRELY R-15 BY: LYND HOOVER LOCATION OF PROPERTY OR PROJECT: 1318 E. 4T" TAMMY DE WEERD, P2 KENT BROWN, P2 THOMAS BARBEIRO, P2 _RICHARD HATCHER, P2 _KEITH BORUP, P2 _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C KEITH BIRD, C/C _GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT SANITARY SERVICE BUILDING DEPARTMENT _TFIRE 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) YOUR CONCISE REMA KS: SaA I 0_1K s'r (4s & s `i wZ e ;ti e FEc�IVED JAN 1 1 2000 CITY OF MERIDIXN JAN 11 100 15:06 2088885052 PAGE.04 MERIDIAN PLANNING & ZONING MEETING: January 12 2000 APPLICANT: LYND HOOVER ITEM NUMBER: 10 REQUEST: REZONE OF 1.761 ACRES FROM R-8 TO R-15 TO ENTIRELY R-15 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING & ZONING DEPT. SEE COMMENTS CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WASTEWATER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: (� ADA COUNTY HIGHWAY DISTRICT: C ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: �J L IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: SANITARY SERVICE: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. MEMORANDUM: January 4, 2000 To: Planning & Zoning Commission, Mayor and City Council c I 4 From: Bruce Freckleton, Assistant to City Engineer JAN 0 6 29MI Shari Stiles, P&Z Administrator City of Meridian City Clerk Office Re: Request for Rezoning of 1.813 Acres (located at 1318 E. Fourth Street) from R-8 to R-15 by Lynd Hoover We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council. The property is located at the southeast corner of Badley Street and E. Fourth Street. The address given is off of an unimproved section of E. Fourth Street. The parcel is west of the existing Creekside Arbour apartment complex (zoned R-15), south of the proposed expansion of Creekside Arbour and some vacant property zoned R-8, and east of property that is zoned R-8 and R-15. The area is predominantly developed into apartments and duplex units, with some single-family housing. The parcel itself has two existing single-family homes on the southern portion, with unknown uses on the northern part of the property. The northern part of the property contains an old mobile home that is reported to be occupied at times, as well as considerable debris, automobiles and weeds. Staff attempted to determine the history of the zoning of this property to explain why the northern part of it was zoned R-8 and the southern part was zoned R-15, but could not determine the reasoning behind the zoning. It would be desirable to have the entire parcel under one zoning designation. Whether that zoning should be R-8 or R-15 is debatable. Following is a description of the R-15 District as contained in the Meridian Zoning and Development Ordinance: (R-15) Medium High Density Residential District - The purpose of the (R-15) District is to permit the establishment of medium-high density single-family attached and multi -family dwellings at a density not exceeding fifteen (15) dwelling units per acre. All such districts must have direct access to a transportation arterial or collector, abut or have direct access to a park or open space corridor, and be connected to the Municipal Water and Sewer systems of the City of Meridian. The predominant housing types in this district will be patio homes, zero lot line single-family dwellings, townhouses, apartment buildings and condominiums. The parcel does not have direct access to a transportation arterial or collector and is, in fact, poorly served in regard to improved, dedicated roadways. Although the address for the property is on East Fourth Street, a public roadway has not been constructed. It appears that '/2 of the right-of-way has Hoover.RZ.doe HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT City Council Members CITY OF MERIDIAN (208) 288-2499 • Fax 288-2501 PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD City Clerk Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Faz 887-1297 MEMORANDUM: January 4, 2000 To: Planning & Zoning Commission, Mayor and City Council c I 4 From: Bruce Freckleton, Assistant to City Engineer JAN 0 6 29MI Shari Stiles, P&Z Administrator City of Meridian City Clerk Office Re: Request for Rezoning of 1.813 Acres (located at 1318 E. Fourth Street) from R-8 to R-15 by Lynd Hoover We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council. The property is located at the southeast corner of Badley Street and E. Fourth Street. The address given is off of an unimproved section of E. Fourth Street. The parcel is west of the existing Creekside Arbour apartment complex (zoned R-15), south of the proposed expansion of Creekside Arbour and some vacant property zoned R-8, and east of property that is zoned R-8 and R-15. The area is predominantly developed into apartments and duplex units, with some single-family housing. The parcel itself has two existing single-family homes on the southern portion, with unknown uses on the northern part of the property. The northern part of the property contains an old mobile home that is reported to be occupied at times, as well as considerable debris, automobiles and weeds. Staff attempted to determine the history of the zoning of this property to explain why the northern part of it was zoned R-8 and the southern part was zoned R-15, but could not determine the reasoning behind the zoning. It would be desirable to have the entire parcel under one zoning designation. Whether that zoning should be R-8 or R-15 is debatable. Following is a description of the R-15 District as contained in the Meridian Zoning and Development Ordinance: (R-15) Medium High Density Residential District - The purpose of the (R-15) District is to permit the establishment of medium-high density single-family attached and multi -family dwellings at a density not exceeding fifteen (15) dwelling units per acre. All such districts must have direct access to a transportation arterial or collector, abut or have direct access to a park or open space corridor, and be connected to the Municipal Water and Sewer systems of the City of Meridian. The predominant housing types in this district will be patio homes, zero lot line single-family dwellings, townhouses, apartment buildings and condominiums. The parcel does not have direct access to a transportation arterial or collector and is, in fact, poorly served in regard to improved, dedicated roadways. Although the address for the property is on East Fourth Street, a public roadway has not been constructed. It appears that '/2 of the right-of-way has Hoover.RZ.doe 11 -IN ,-1 P&Z Commission/Mayor & Council January 4, 2000 Page 2 been dedicated on the adjacent property (west of this parcel); Ada County Highway District's report includes a requirement that 25 feet of right-of-way be dedicated for East Fourth Street prior to development of this parcel and that the roadway be constructed. Staff concurs with ACHD's requirement, particularly as the parcel has no frontage on a public street and the traffic circulation in this area is very poor. The expansion of Creekside Arbour was approved with no public roadway dedication of Badley Street and no connection to the adjacent Sterling Creek Subdivision. The expansion of Creekside Arbour will have a private driveway from Badley north to connect with Fairview Avenue. Only the northern 300 feet +/- of this access to Fairview Avenue will be public. The parcel also does not abut or have direct access to a park or open space corridor, although pedestrian easements in Creekside Arbour may provide a link to a future proposed multiple -use pathway along Five Mile Creek. The legal description submitted with this application for rezone appears to meet the requirements of the City of Meridian and State Tax Commission. GENERAL REQUIREMENTS: If rezoning is approved, a Development Agreement is strongly recommended. Any future use should be developed as a planned unit development under the conditional use permit process. 2. Sanitary sewer service to this site could be via an extension from the existing main that is adjacent to the proposed development. Upon development, applicant will be responsible to construct the sewer mains to and through this proposed site. Development designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 3. Water service to this site will be via extensions of existing mains installed adjacent to the proposed site. Upon development, applicant will be responsible to construct the water mains to and through this proposed site. Development designer to coordinate main sizing and routing with the Public Works Department. Applicant shall be required to complete looping of water mains into existing adjacent developments. 4. Assessment fees for water and sewer service are determined during the building plan review process. 5. Enforcement action may be initiated if this parcel is not brought into an acceptable condition within the next 30 days. The existing fence does not meet setback requirements, many vehicles (most appearing to be disabled) are present, and there is generally a proliferation of miscellaneous equipment and materials. Without an on-site inspection, staff is unable to determine all the violations that presently exist. If rezoning is approved, total clean-up of the site and compliance with existing ordinances within a specific time frame should be required. RZ-00-001 Hoover.RZ.doc 1-11, .-. P&Z Commission/Mayor & Council January 4, 2000 Page 3 6. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 12-14-3. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 7. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 8. Provide five -foot -wide sidewalks in accordance with City Ordinance Section 12-5-2.K and other roadway dedication and improvements as required by ACHD. COMPREHENSIVE PLAN POLICIES The subject property is located in an area designated as Existing Urban in the Meridian Comprehensive Plan. The 1993 Comprehensive Plan contains a variety of goals and policies that are relevant to this application. Staff has selected the following sections that most directly apply to the proposed project. Goals Section Goal 4: To provide housing opportunities for all economic groups within the community. Goal 8: To establish compatible and efficient use of land through the use of innovative and functional site design. Goal 9: To encourage a balance of land use patterns to ensure that revenues pay for services. Goal 10: To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. Economic Development Chapter 3.1U — Approve quality housing projects that meet the needs of all economic levels. 3.2U — Encourage efforts to develop and maintain quality neighborhoods and housing.. . Land Use Chapter Goal: All land use development in the Meridian area will be considered an asset to the community and not detract from our quality of life. I AU — Encourage new development which reinforces the City's present development pattern of higher -density development within the Old Town area and lower -density development in outlying areas. 1.8U — Promote the development of high-quality and environmentally compatible residential areas that contain the necessary parks, schools and commercial facilities to maintain and form identifiable neighborhoods. xz-oo-001 Hoover.RZ.doc P&Z Commission/Mayor & Council January 4, 2000 Page 4 2.1 U — Support a variety of residential categories for the purpose of providing the City with a range of affordable housing opportunities. 2.3U — Protect and maintain residential neighborhood property values, improve each neighborhood's physical condition and enhance its quality of life for residents. 2AU — Encourage sidewalks and paved streets for all existing neighborhoods... 2.5U — Encourage compatible infill development which will improve existing neighborhoods. Transportation Chapter Local Streets: Serve primarily to provide direct access to abutting residential units and should be for local traffic movement. They are generally two lanes with parking with a right-of-way width of about 50 feet. Service to through -traffic is discouraged. The remaining transportation corridors of the Meridian Urban Service Planning Area are recommended for local street status. 1.2U - Achieve a local transportation system connected to all modes of the regional transportation system. 1.4U - Monitor and coordinate the compatibility of the land use and transportation system. 1.19U - Encourage proper design of residential neighborhoods to ensure their safety and tranquility. Housing Chapter 1.4 - The development of housing for all income groups close to employment and shopping centers should be encouraged. 1.6 - Housing proposals shall be phased with transportation, open space and public service and facility plans, which will maximize benefits to the residents, minimize conflicts and provide a tie-in between new residential areas and service needs. 1.9 - The efficient use of land for public facilities, transportation systems, utilities, and the economic arrangement of buildings should be promoted. 1.12 - Land development regulations should be revised to encourage the infilling of existing vacant parcels within the city limits. 1.14 - Design and performance standards should be applied to infilling development in order to reduce adverse impacts upon existing adjacent development. 1.15 - Owners or remnant residential parcels or partially -developed residential parcels should be encouraged to consolidate these properties where possible to prevent the proliferation of small parcels of vacant land within the city limits. 1.19 - High-density development, where possible, should be located near open space corridors or other permanent major open space and park facilities, and near major access thoroughfares. Community Design Chapter 6.1U — All Meridian neighborhoods will be served with sidewalks, curb and gutters, and functional streets. 6.2U — Pedestrian access connectors will be required in all new development to link subdivisions together to promote neighborhood identity. 6.11U — Promote well-planned and well-designed affordable housing in all Meridian neighborhoods. RZ-00-001 Hoover.RZ.doc 07:55 JAN 04, 2000 ID: ADA COUNTY HWY DIST TEL N0: 387-6391 January 5, 2000 Lynd Hoover 3420 Sugar Creek Meridian, ID 83642 Re: Staff Level Approval MRZ00-001 1318 E. 4`h Street Facts and Findings: #35048 PAGE: 1/4 REcENED JAN 0 7 2000 City of Meridian City Clerk Office Rezone R-8 to R-15 A. The Ada County Highway District (ACHD) staff has received the above referenced application requesting a rezone from R-8 and R-15, to R-15 for the entire site. The 1.76 -acre site is located at the southeast corner of Badley Street and 4h Street. This development is estimated to generate 170 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. B. The application and site plan stamped as received by City of Meridian on November 16, 1999, and submitted to the District on December 9, 1999, have been reviewed by the ACHD Planning and Development staff and conforms to applicable District standards/policy, or can be made to conform with the change(s) to the plan described in the requirements stated below. This is a staff level approval and will not be heard by the ACHD Commission unless the site plan is changed in such a manner as to not conform with District standards/policy or an appeal of the Planning and Development staff decision is submitted as described within the Standard Requirements outlined below. C. On December 13, 1999, the District Planning and Development staff inspected this site and evaluated the transportation system in the vicinity. On December 20, 1999, the staff met as the District's Technical Review Committee and reviewed the impacts of this proposed development on the District's transportation system. The results of that analysis constitute the following Facts and Findings and recommended Site Specific Requirements. Page 1 MrzOO-001.sla 07:55 JAN 04, 2000 ID: ADA COUNTY HWY DIST TEL NO: 387-6391 #35048 PAGE: 2/4 If the rezone is approved and the District receives a development proposal, the District intends to provide the following requirements, in addition to any additional requirements that may apply upon District review of future development, to the City of Meridian: Site Specific Requirements: Dedicate 25 -feet of right-of-way for the extension 4`h Street abutting the parcel along the west property line from Badley Street to the south property line, by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of- way dedication after receipt of all requested material. The owner will not be compensated for this additional right-of-way because is a local street and is to be brought to adopted standards by the developers of abutting properties. 2. Construct a 5 -foot wide concrete sidewalk on Badley Street located adjacent to the existing curb and gutter, abutting the entire parcel. Extend 4th Street from Badley Street to the south property line as one-half of a 37 -foot street section, plus 12 -feet of additional pavement, with curb, gutter and 5 -foot wide concrete sidewalk. Coordinate the improvements with District staff. 4. Construct driveways 24 to 30 -feet wide and a minimum of 50 -feet from any street intersection. Pave the driveways their full required width and at least 30 -feet beyond the edge of pavement of Badley Street or 4t" Street. Utility street cuts in the new pavement are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file number) for details. 6. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. Standard Requirements: This decision of the Planning and Development Supervisor may be appealed to the Ada County Highway District Commission by the applicant or by another party within 15 calendar days from the date of this report. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The request will be heard by the District Commission at an evening meeting within 20 calendar days of the District's receipt of the appeal letter. The appellant will be notified of the date and time of the Commission meeting. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within two days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of it's original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Page 2 MrZ00-001. sla 07:56 JAN 04, 2000 ID: ADA COUNTY HWY DIST TEL NO: 387-6391 1•,, #35048 PAGE 3i4 Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. Page 3 NlrZ00-001.s1a 07:56 JAN 04, 2000 ID: ADA COUNTY HWY DIST TEL N0: 387-6391 #35048 PAGE 4i4 ^� Conclusion of Law: 1. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the ACHD Planning and Development staff at 387-6170. Sincerely, Larry Sale Planning and Development Supervisor cc: Project file Lead agency Page 4 Mrz00-001.sla December 20, 1999 Will Berg, City Clerk Meridian City Council 33 East Idaho Meridian, ID 83642 Re: RZ-00-001 Lynd Hoover Dear Commissioners: 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 The Nampa & Meridian Irrigation District has no comment on the above referenced application. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln Cc: File — Shop File — Office Water Superintendent F,EcENED DEC 2 3 1999 City of Meridian City Clerk Office APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 CIN CENTRAL DISTRICT HEALTH DEPARTMENT Rezone # Conditional Use # CENI RAL DISTRICT HEALTH DEPARTMENT Environmental Health Division z 67)o - aC) Preliminary / Final / Short Plat � ywd .mooy�2 Return to: ❑ Boise ❑ Eagle ❑ Garden City Meridian ❑ Kuna ❑ ACz 1, cJ -- ---4L I. We have No Objections to this Proposal. DEC 14 1999 ❑ 2. We recommend Denial of this Proposal. City of Meridian City Clerl= "Ffice ❑ 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. ❑ S. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ waste flow characteristics ❑ or bedrock from original grade ❑ other ❑ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ❑ 8. 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 ❑ 9. 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 ❑ 10. Run-off is not to create a mosquito breeding problem. ❑ 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 13. 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 ❑ 14. Date: 1? -J /o Reviewed By: /!/ / CDHD 10/91 r[b, rev. 1/91 Review Sheet 20 ' 30Hj Mayor ROBERT' D. CORRIE City Council Mcmbors CNARLGS ROUNTREE GLENN BENTLEY RON ANDCPSON KEITH BIRD HU8 OF TREASURE VALLE)' A Good Placc to Live CITE.' OF MERIDIAN 33 EAST- IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 - Fax (208) 887.4813 City Clerk Fax (208) 388-4218 OT:60 66, ST 03G LEGAL DEPARTMFNT 1208) 288-2499 • Fax 288-:501 PUBLIC WORKS BUILDING DEPARTMENT (208) 8S7-2211 - Fux 887-1297 PLANNING AND "ZONING DEPARTMENT (208)SS4-5533 - Fuz S87-1297 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 recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: December 23 1999 TRANSMITTAL DATE: December 8, 1999 HEARING DATE:—January 11, 2000 FILE NUMBER: RZ-00-001 REQUEST: REZONE OF 1.761 ACRES FROM R-8 AND R-15 TO ENTIRELY R-15 BY: LYND HOOVER LOCATION OF PROPERTY OR PROJECT: 1318 E_ 4TH TAMMY DE WEERD, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, PIZ RICHARD HATCHER, PIZ ^KEITH BORUP, PIZ +ROBERT CORRIE, MAYOR _IRON ANDERSON, C/C _CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT _SANITARY SERVICE _BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY —CITY CITY PLANNER ItECEIVE41) DEC 1 5 1999 CITY OF MERIDIAN 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) YOUR CONCISE REMARKS: 1C a EP L to CITY OF MERIDIAN WASTEWATER DEPT. t?0/9�Ad 1717L&t7Q99AZ-Q I N7 T HM'S i n-.. ... `. 208) 884-5533 - Faz 887-1297 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 recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: December 23, 1999 TRANSMITTAL DATE: December 8, 1999 HEARING DATE.- January 11, 2000 FILE NUMBER: RZ-00-001 REQUEST: REZONE OF 1.761 ACRES FROM R-8 AND R-15 TO ENTIRELY R-15 BY: LYND HOOVER LOCATION OF PROPERTY OR PROJECT: 1318 E. 4T" TAMMY DE WEERD, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z _RICHARD HATCHER, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _SANITARY SERVICE _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) YOUR CONCISE REMARKS: Mavor �+ HUB OF TREASURE VALLEY ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT City Council Members CITY OF MERIDIAN `�°g' 2 9 Fax 288-2501 CHARLES ROUNTREE PUUBLIBLI C WORKS 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY NIERIDIAN, IDAHO 83642 (208) 887-2211 - Fax 887-1297 RON ANDERSON (208) 888-4433 - Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD City Clerk Fax (208) 888-4218 DEPARTMENT 208) 884-5533 - Faz 887-1297 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 recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: December 23, 1999 TRANSMITTAL DATE: December 8, 1999 HEARING DATE.- January 11, 2000 FILE NUMBER: RZ-00-001 REQUEST: REZONE OF 1.761 ACRES FROM R-8 AND R-15 TO ENTIRELY R-15 BY: LYND HOOVER LOCATION OF PROPERTY OR PROJECT: 1318 E. 4T" TAMMY DE WEERD, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z _RICHARD HATCHER, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _SANITARY SERVICE _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) YOUR CONCISE REMARKS: To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: December 23, 1999 TRANSMITTAL DATE: December 8, 1999 HEARING DATE: January 11, 2000 FILE NUMBER: RZ-00-001 REQUEST: REZONE OF 1.761 ACRES FROM R-8 AND R-15 TO ENTIRELY R-15 BY: LYND HOOVER LOCATION OF PROPERTY OR PROJECT: 1318 E. 4T" TAMMY DE WEERD, P/Z )... KENT BROWN, P/Z Mayor HUB OF TREASURE VALLEY ADA COUNTY HIGHWAY DISTRICT ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT Citv Council Members CITY OF MERIDIAN (208' 288-2499 . Fax 288.2501 CHARLES ROUNTREE SETTLERS IRRIGATION DISTRICT PUBLIC WORKS IDAHO POWER CO.(PRELIM & FINAL PLAT) 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD City Clerk Fax (208) 888-4218 DEPARTMENT / YOUR CONCISE REMARKS: ! - `- _POLICE DEPARTMENT (208)884-5533 • Faz 887-1297 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS a1 #,w < x WITH THE CITY OF MERIDIAN !q a To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: December 23, 1999 TRANSMITTAL DATE: December 8, 1999 HEARING DATE: January 11, 2000 FILE NUMBER: RZ-00-001 REQUEST: REZONE OF 1.761 ACRES FROM R-8 AND R-15 TO ENTIRELY R-15 BY: LYND HOOVER LOCATION OF PROPERTY OR PROJECT: 1318 E. 4T" TAMMY DE WEERD, P/Z MERIDIAN SCHOOL DISTRICT KENT BROWN, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) THOMAS BARBEIRO, P/Z ADA COUNTY HIGHWAY DISTRICT _RICHARD HATCHER, P/Z ADA PLANNING ASSOCIATION _KEITH BORUP, P/Z CENTRAL DISTRICT HEALTH _ROBERT CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT _RON ANDERSON, C/C SETTLERS IRRIGATION DISTRICT _CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) _KEITH BIRD, C/C U.S. WEST(PRELIM & FINAL PLAT) _GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) _WATER DEPARTMENT BUREAU OF RECLAMATION (PRELIM & FINAL) _SEWER DEPARTMENT _SANITARY SERVICE _BUILDING DEPARTMENT _FIRE DEPARTMENT / YOUR CONCISE REMARKS: ! - `- _POLICE DEPARTMENT _CITY ATTORNEYIM _CITY ENGINEER a1 #,w < x ,CITY PLANNER !q a LYND HOOVER -1318 E. 4TH PROPERTY OWNERS WITHLN 300' (R7) LEAVELL WILLIAM D & LUCILE M 1312 E 05TH MERIDIAN ID 83642 E FAIRVIEW AVE 1304 E 05"' ST ELM GROVE TRAILER PARK ET AL PO BOX 155 MERIDIAN ID 83680-0155 407 E FAIRVIEW AVE CARR VERLA J & CARR RICHARD P OLIVEDALE HOMES PO BOX 493 MARSING ID 83639-0493 1336 E 03RD ST RAMOS JOSEPH 37I BADLEY AVE MERIDIAN ID 83642-1792 WEAVER LOIS A & WEAVER STEVEN A 399 E BADLEY AVE MERIDIAN ID 83642 HOOVER LYND M 3420 W SUGAR CREEK DR MERIDIAN ID 83642 1318 E 04TH ST CARR RICHARD P & CARR VERLA J OLIVEDALE HOMES PO BOX 493 MARSING ID 83639-0493 1330 E 03RD ST FERGUSON KENNETH R 5778 FIVE MILE RD BOISE ID 83713 1335 E 04TH ST EWING CO INC THE 1500 ELDORADO ST BOISE ID 83704-8565 E 02ND ST DECKER GORDON E & DECKER SHEILA J 1236 E 02 1/2 MERIDIAN ID 83642 DEVCO PROPERTIES LTD PARTNERSH PO BOX 1228 BOISE ID 83701-1228 510E 05TH ST CRAWFORD DANNIE H & SANDRA L 3432 FALCON DR MERIDIAN ID 83642-7036 372 E WASHINGTON AVE ROCKWOOD PROPERTIES ID ORE LTD PO BOX 230 SALEM OR 97308-0230 1233 E 04TH ST ROCKWOOD PROPERTIES ID ORE LTD P0BOX 514 STAYTON OR 97383 1222 E 04TH ST ROE JEROME W AND CONCEPTION B 312 E WASHINGTON AVE MERIDIAN ID 83642-1729 DEVCO PROPERTIES LTD PARTNERSH PO BOX 1228 BOISE ID 83701-1228 E WASHINGTON AVE MITCHELL GERALD W & DARCY 3085 NW 3RD AVE FRUITLAND ID 83619-3547 402 E WASHINGTON AVE BOSSE THOMAS J 358 E WASHINGTON AVE MERIDIAN ID 83642-1729 1Tf1 � hj