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Hearthstone AZ 01-026BEFORE THE MERIDIAN CITY COUNCIL C/C 03-05-02 IN THE MATTER OF THE ) APPLICATION OF ROBERT ) LEE, THE APPLICATION FOR ) ANNEXATION AND ZONING ) OF 2.30 ACRES FOR ) PROPOSED HEARTHSTONE ) SUBDIVISION, LOCATED AT ) THE SOUTHEAST CORNER OF ) W. CHERRY LANE AND N. ) BLACK CAT ROAD, ) MERIDIAN, IDAHO ) Case No. AZ-01-026 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on March 5, 2002, at the hour of 6:30 p.m., and Shari Stiles, Planning and Zoning Administrator, Brad Watson, City Engineer, Matt Munger, and Jim Jewett, appeared and testified, 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, and Decision and Order: FINDINGS OF FACT 1. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ I 1-15-5 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HEARTHSTONE SUBDIVISION (AZ-01-026) and 11-16-1. 2. The City Coundl takes judicial notice of its zoning, subdivisions and development ordinances codified at Titles 11 and 12, Meridian City Code, 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 hnpact Area Boundary. 3. The property which is the subject to the application for annexation and zoning is described in the application, and is approximately 2.30 acres in size, is located at the southeast corner of W. Cherry Lane and N. Black Cat Road, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area. The owners of record of the subject property are George and Mildred Davis of Meridian, Idaho; and the applicant is Robert Lee of Boise, Idaho. 5. The property is presently zoned R-I, and consists of a single family residence and associated buildings and farm animals. 6. The Applicant requests the property be zoned as R-4, with the intent to develop and construct 2 building lots for a proposed residential development known as Hearthstone Subdivision, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as "Existing Urban". FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HEARTHSTONE SUBDIVISION (AZ-01-026) 7. The subject property is bordered to the north by Golf Vie~v Subdivision, and to the south, east and west by Ada County properties. 8. There are no significant or scenic features of major importance that affect the consideration of this application. 9. The City Council recognizes the comments from Linda Ward. I0. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development ~vill not impose expense upon the public if the following conditions of development are imposed: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Essential City services are available to the subject property with the exception of sanitary sewer. The sanitary sewer main that potentially could serve this subdivision would have to be extended from the intersection of Cherry Lane and Interlachen Way. A septic system, in accordance with Central District Health requirements, may be allowed as a temporary solution until a sanitary sewer main is extended from the east to provide service to this area. Applicant shall make provisions in their design to transition over to a future City sewer system ~vhen and if it's available to the east. Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 5-7-517 when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HEARTHSTONE SUBDIVISION (AZ-Ol-026) The existing commercial sign advertising "George Davis Construction" shall be removed prior to the publication of the annexation ordinance. Commercial signs are prohibited within the proposed R-4 zone. All "Home Occupations", if any exist within the property to be annexed, shall conform with the requirements of the City of Meridian prior to the publication of the annexation ordinance. A development agreement shall not be required as part of this annexation request. Adopt the Recommendations of the ACHD as follows: The existing access points on Cherry Lane located approximately 10-feet west of the east property line of the proposed Lot 1, and at the west property line of the proposed Lot 1, are approved ~vith this application. Upon redevelopment of Lot 1 (redevelopment defined as a structure requiring a building permit, other than a shed or garage) the easterly driveway shall be closed, and the existing driveway at the west property line of Lot 1 shall be approved as the only access to the lot from Cherry Lane. An on-site turnaround shall be required at that time to prevent the need to back into Cherry Lane from the site, and the design of the turnaround shall be approved by ACHD. Should the property to the east construct a public street along the east property line of this site, then when the parcel redevelops (Lot 1), no access to Cherty Lane will be approved and all access should be taken off of the local public street. Notes of these requirements shall be included on the final plat. Replace the unused curb cut on Cherry Lane located at the east property line of the proposed Lot 2, with standard curb, gutter and concrete sidewalk to match existing improvements. The existing westerly part of the circle driveway on Cherry Lane located at the west property line of the proposed Lot 1 is approved with this application at staff level, as a modification of policy for its location. Replace any damaged curb, gutter, and/or sidewalk on Cherry Lane to match existing improvements. Segments to be replaced shall be determined by ACHD Construction Services staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HEARTHSTONE SUBDIVISION (AZ-01-026 ) Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Meet District drainage requirements per section 8000 of the ACHD Development Policy Manual. If utility relocation is necessary to construct improvements required with this development, then ail utility relocation costs associated with improving street frontages abutting the site should be borne by the developer. The applicant should provide the District with a copy of a recorded access easement among the parcels for use of the private road for access to the public street prior to final plat approval. Other than the access points specifically approved with this application, direct lot or parcel access to Cherry Lane is prohibited. Lot access restrictions, as required ~vith this application, shall be stated on the final plat. 10. Comply with ACHD's Standard Requirements (7) comments listed in their February 2 I, 2002 report. Adopt the Recommendations of the Meridian Fire Department as follows: Provide a fire-flow of 1,000 GPM as required by the 1997 Uniform Fire Code Appendix III-A. Please show all proximity hydrants within 500' of the project. 2. All corners will have to have 28' inside radius and 48' outside radius. 3. Operational fire hydrants are required before combustible construction begins. Adopt the Recommendations of Central District Health Dept as follows: A full engineering report with accurate soils data is required. Ground water monitoring from June to October may be required on proposed Lot 2. The easement for the septic system on Lot 1 must be increased to accommodate replacement area of equal size and meet all required setbacks. Recommend connection to central sewer when available. To address this matter, written confirmation from the Central District Health Department shall be required. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HEARTHSTONE SUBDIVISION (AZ-01-026) 11. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. i0, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 12. It is also found that the development considerations as referenced in Finding No. 10 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to asstzre that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 13. It is found that the zoning of the subject real property as Low Density Residential District (R-4) requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as "Existing Urban". It is found that the sewer services cannot be connected at the present time, and connection to the central sewer ~vill be required when available. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HEARTHSTONE SUBDIVISION (AZ-01-026) 14. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: Goals: Goal 4, Goal 8 Economic Development Chapter: 3.1U, 3.2U Land Use Chapter: 2.1U Transportation Chapter: 1.19U, 1.14 15. Will the area 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; it is found that the property to be annexed will be served adequately by all essential public facilities and services, with the exception of sewer services. The sanitary sewer main that potentially could serve this subdivision would have to be extended from the intersection of Cherry Lane and Inteflachen Way. A septic system, in accordance with Central District Health requirements, may be allowed as a temporary solution until a sanitary sewer main is extended from the east to provide service to this area, and a written confirmation from the Central District Health on this matter is FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HEARTHSTONE SUBDIVISION (AZ-01-026) required. 16. The property can be physically serviced with City water. CONCLUSIONS OF LAW The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. 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. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: Goals: Goal 4, Goal 8 Economic Development Chapter: 3.1U, 3.2U FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HEARTHSTONE SUBDIVISION (AZ-01-026) Land Use Chapter: 2.1U Transportation Chapter: 1.19U, 1.14 5. The zoning of Low Density Residential District (R-4) is defined in the Zoning Ordinance at § 11-7-2 C. as follows: (R-4) Low Density Residential District: Only single-family dwellings shall be permitted and no conditional uses shall be permitted except for planned residential development and public schools. The purpose of the R-4 District id to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible nonresidential uses. The R-4 District allows for a maximum of four (4) dwelling units per acre and requires connection to the Municipal water and sewer systems of the City. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burr vs. The City of Idaho Falls, 105 Idaho 65,665 P2d 1075 (1983). 7. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian induding, but not limited to: Section 12-2- 4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HEARTHSTONE SUBDIVISION (AZ-01-026) 8. Pursuant to Section 1 l- 16-4 A of the Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 2.30 acres to Low Density Residential District (R-4) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 2.30 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to met the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: Adopt the Recommendations of the Planning and Zoning and Engineering staff FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HEARTHSTONE SUBDIVISION (AZ-01-026) as follows: Essential City services are available to the subject property with the exception of sanitary sewer. The sanitary sewer main that potentially could serve this subdivision would have to be extended from the intersection of Cherry Lane and Inteflachen Way. A septic system, in accordance with Central District Health requirements, may be allowed as a temporary solution until a sanitary, sewer main is extended from the east to provide service to this area. Applicant shall make provisions in their design to transition over to a future City server system when and if it's available to the east. Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 5-7-517 when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. The existing commercial sign advertising "George Davis Construction" shall be removed prior to the publication of the annexation ordinance. Commercial signs are prohibited within the proposed R-4 zone. All "Home Occupations", if any exist within the property to be annexed, shall conform with the requirements of the City of Meridian prior to the publication of the annexation ordinance. A development agreement shall not be required as part of this annexation request. Adopt the Recommendations of the ACHD as follows: The existing access points on Cherry Lane located approximately 10-feet west of the east property line of the proposed Lot 1, and at the west property line of the proposed Lot 1, are approved with this application. Upon redevelopment of Lot 1 (redevelopment defined as a structure requiring a building permit, other than a shed or garage) the easterly driveway shall be closed, and the existing driveway at the west property line of Lot 1 shall be approved as the only access to the lot from Cherry Lane. An on-site turnaround shall be required at that time to prevent the need to back into Cherry Lane from the site, and the design of the turnaround shall be approved by ACHD. Should the property to the east construct a public street along the east property line of this site, then when the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HEARTHSTONE SUBDIVISION (AZ-01-026) parcel redevelops (Lot 1), no access to Cherry Lane will be approved and all access should be talcen off of the local public street. Notes of these requirements shall be included on the final plat. Replace the unused curb cut on Cherry Lane located at the east property line of the proposed Lot 2, with standard curb, gutter and concrete side~valk to match existing improvements. The existing westerly part of the circle driveway on Cherry Lane located at the west property line of the proposed Lot 1 is approved with this application at staff level, as a modification of policy for its location. Replace any damaged curb, gutter, and/or sidewalk on Cherry Lane to match existing improvements. Segments to be replaced shall be determined by ACHD Construction Services staff. 10. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Meet District drainage requirements per section 8000 of the ACHD Development Policy Manual. If utility relocation is necessary to construct improvements required with this development, then all utility relocation costs associated with improving street frontages abutting the site should be borne by the developer. The applicant should provide the District with a copy of a recorded access easement among the parcels for use of the private road for access to the public street prior to final plat approval. Other than the access points specifically approved with this application, direct lot or parcel access to Cherry Lane is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Comply with ACHD's Standard Requirements (7) comments listed in their February 21, 2002 report. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HEARTHSTONE SUBDIVISION (AZ-01-026) Adopt the Recommendations of the Meridian Fire Department as follows: 1. Provide a fire-flow of 1,000 GPM as required by the 1997 Uniform Fire Code Appendix III-A. Please show all proximity hydrants within 500' of the project. 2. All corners will have to have 28' inside radius and 48' outside radius. 3. Operational fire hydrants are required before combustible construction begins. Adopt the Recommendations of Central District Health Dept as follows: 1. A full engineering report with accurate soils data is required. Ground water monitoring from June to October may be required on proposed Lot 2. The easement for the septic system on Lot 1 must be increased to accommodate replacement area of equal size and meet all required setbacks. Recommend connection to central sewer when available. To address this matter, written confirmation from the Central District Health Department shall be required. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-4) Low Density Residential District, and Meridian City Code § 11-7-2. 5. Subsequent to the passage of the Ordinance provided for in section z, of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HEARTHSTONE SUBDIVISION (AZ-01-026) 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 is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twemy-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 on the of ROLL CALL COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE Mc CANDLESS COUNCILMAN WILLIAM L.M. NARY MAYOR ROBERT D. COmE (TIE BREAKER) DATED: .fi--/q--~7 ~.._ /q'/~"'~- day VOTED_~'4~ VOTED__~&.- VOTED__~ VOTED__~ VOTED MOTION: APPROVE~ISAPPROVED:__ FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HEARTHSTONE SUBDIVISION (AZ-01-026) Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. Dated: \k204.229.127.19458 ERV ERZ\Work~d~vlcridian~vleridian 009XAZFfCl&OrderO 1026.doc 15360MkHearthstone FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HEARTHSTONE SUBDIVISION (AZ-01-026)