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:
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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)