Amberstone Sub AZ 02-003BEFORE THE MERIDIAN CITY COUNCIL
C/C 06-18-02
IN THE MATTER OF THE
APPLICATION FOR ANNEXATION
AND ZONING OF 3.84 ACRES FOR
PROPOSED AMBERSTONE
SUBDIVISION, LOCATED SOUTH
OF W. CHERRY LANE AND
SOUTH OF N. SUMMERTREE
WAY, MERIDIAN, IDAHO
JIM JEWETT,
APPLICANT
Case No. AZ-02-003
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 May 21, 2002, and tabled until June 4, 2002, and continued until June 18, 2002, at the hour of
6:30 p.m., and Brad Hawkins-Clark and David McKinnon, Planner for the Planning and Zoning
Department, Anna Powell, 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 §§ 11-15-5 and 11-16-1.
2. The City Council takes judicial notice of its zoning, subdivisions and
development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/AMBERSTONE SUBDIVISION
(AZ-o2-oo3)
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.
3. The property which is the subject to the application for annexation and
zoning is described in the application, and is approximately 3.84 acres in size, is located south of
W. Cherry Lane and south ofN. Summertree Way, all within the Area of Impact of the City of
Meridian and the Meridian Urban Service Planning Area.
4. The owner/applicant of record of the subject property is James Jewett of
Meridian, Idaho.
5. The property is presently zoned R-1 and consists of vacant land.
6. The Applicant requests the property be zoned as R-8, with the intent to develop
19 building lots and 2 other lots for ten attached single-family dwellings and nine detached
single-family dwellings, which is consistent with the Meridian Comprehensive Plan Generalized
Land Use Map which designates the subject property 'as Existing Urban.
7. The subject property is bordered to the north and south by Meridian zoning of R-4
and to the east and west by County Zoned residential property zoned R-1.
8. There are no significant or scenic features of major importance that affect the
consideration of this application.
9. 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 will not impose expense
upon the public if the following conditions of development are imposed:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/AMBERSTONE SUBDIVISION
(AZ-o2-oo3)
Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
Remove any existing domestic wells and/or septic systems within this project 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.
Adopt the Recommendations of the ACHD as follows:
Construct the main entrance to the subdivision, Summertree Way, located at the west
property line, as proposed. This location aligns with Summertree Way on the north side of
Cherry Lane.
Construct Summertree Way as a full 29-foot street section with curb and gutter on both sides
of the roadway and 5-foot wide concrete sidewalk on the east side of Summertree Way
within 40-feet of right-of-way.
Construct Thorncreek Place as a 29-foot street section with curb, gutter and 5-foot wide
concrete sidewalk within 42-feet of right of-way with parking restricted on one-side of the
roadway. A signage plan shall be submitted for review and approval by Planning and
Development staff.
Construct a large common lot within the public right-of-way, as proposed. Any proposed
landscape islands/medians within the public right-of-way dedicated by this plat shall be
owned and maintained by a homeowners association. Notes of this shall be required on the
final plat.
o
Construct the proposed large common lot that is located in the center of Summertree
Way with a minimum of a 29-foot street section within 40-feet of right-of-way. The
design shall be reviewed and approved by ACHD's Planning and Development staff.
6. Construct a non-circular turnaround at the east end of Thorncreek Place. Submit a design
of the turnaround for review and approval by District staff.
7. Replace unused curb cuts on Cherry Lane with standard curb, gutter and 5-foot wide
concrete sidewalk to match the existing improvements.
8. Replace any existing damage curb, gutter and sidewalk and any that may be damaged during
the construction of the proposed development.
9. Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/AMBERSTONE SUBDIVISION
(AZ-o:~-oo3)
10. Meet District drainage requirements per section 8000 of the ACHD Development Policy
Manual.
11. 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
shall be borne by the developer.
12. Any existing irrigation facilities shall be relocated outside of the right-of-way.
13. Other than the access point 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.
14. Comply with the Standard Requirements of ACHD, as listed in their report dated February
28, 2002.
Additionally, comply with the action of the City Council taken at their June 18, 2002
meeting as follows:
1. Applicant shall be allowed a 25' wide landscape buffer on the common lot that is
adjacent to Cherry Lane, instead of the required 35', through the alternative compliance
provisions of the Landscape Ordinance.
10. 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. 9, 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.
11. It is also found that the development considerations as referenced in Finding No.
9 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 assure 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,
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/AMBERSTONE SUBDIVISION
(AZ-o:z-oo3)
or future neighboring uses, particularly considering the impact of proposed development on
potential to produce excessive traffic, noise, smoke, fumes, glare and odors.
12. It is found that the zoning of the subject real property as Medium Density
Residential District (R-8) 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.
13. It is found that the requested zoning designation orR-8 is harmonious with the
existing and planned adjacent developments.
14. It is found that the proposed uses (single-family attached and detached
residential) will not change the existing or intended character of the area.
15. It is not anticipated that the proposed use will be hazardous or disturbing to
future or existing neighbors.
16. It is found that the property to be annexed will be served adequately by all
essential public facilities and services. The applicant shall be required to extend water and
sanitary sewer mains to and through the proposed development, thereby making them available
to the adjacent properties.
17. It is found that there will not be additional requirements at public cost and that the
annexation and zoning will not be detrimental to the community's economic welfare.
18. It is found that the proposed nineteen (19) dwelling units will not create excessive
traffic, noise or other nuisances that would be detrimental to the general welfare of the
surrounding area.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/AMBERSTONE SUBDIVISION
(AZ-02-003)
19. It is found that the subdivision of the property will not create significant
interference with the existing traffic on Cherry Lane.
20. It is found that no natural or scenic features of major importance will be lost or
damaged by approving the annexation and re-zone. Any existing trees larger than 4" caliper that
are removed shall be mitigated for, per the Landscape Ordinance.
21. It is found that the annexation of this property would be in the best interest of the
City.
22. 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 Section:
Goal 4, Goal 8
Economic Develooment Chaoter:
3.1U, 3.2U,
Land Use Chaoter:
2.1U
Transoortation Chaoter:
1.19U, 1.14
23. The property can be physically serviced with City water and sewer, but the
applicant shall be required to extend water and sanitary sewer mains to and through the proposed
development, thereby making them available to the adjacent properties.
24. That an ordinance was approved at the June 18, 2002 Council meeting amending
the Zoning and Subdivision Ordinance, known as Ordinance No. 02-955, which would now
allow the applicant to develop single-family attached dwellings, and said ordinance includes
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/AMBERSTONE SUBDIVISION
(AZ-o2-oo3)
development standards for single-family attached dwelling units. Additionally, the ordinance
includes new language providing for shared driveways and reduced frontage for lots with shared
driveways. The development design uses the minimum lot sizes, frontage requirements, shared
driveways and setback requirements.
CONCLUSIONS OF LAW
1. 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 the 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 Section:
Goal 4, Goal 8
Economic Development Chapter:
3.1U, 3.2U,
Land Use Chapter:
2.1U
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/AMBERSTONE SUBDIVISION
(AZ-o2-oo3)
Transportation Chapter:
1.19U, 1.14
5. The zoning of Medium Density Residential District (R-8) is defined in
the Zoning Ordinance at § 11-7-2 D as follows:
(R-8~ Medium Density Residential District: The purpose of the R-8 District is to permit
the establishment of single- and two-family dwellings at a density not exceeding eight (8)
dwelling units per acre. This District delineates those areas where such development has or
is likely to occur in accord with the Comprehensive Plan of the City and is also designed to
permit the conversion of large homes into two-family dwellings in well-established
neighborhoods of comparable land use. Connection to the Municipal water and sewer
systems of the City is required.
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 Burt 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 including, 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.
8. Pursuant to Section 11-16-4 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:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/AMBERSTONE SUBDIVISION
(AZ-o2-oo3)
1. The applicant's request for annexation and zoning of approximately 3.84 acres to
Medium Density Residential District (R-8) is granted subject to the terms and conditions of this
Order hereinafter stated, as an ordinance was approved at the June 18, 2002 Council meeting
amending the Zoning and Subdivision Ordinance, known as Ordinance No. 02-955, which would
now allow the applicant to develop single-family attached dwellings, and said ordinance includes
development standards for single-family attached dwelling units. Additionally, the ordinance
includes new language providing for shared driveways and reduced frontage for lots with shared
driveways. The development design uses the minimum lot sizes, frontage requirements, shared
driveways and setback requirements.
2. The application is for annexation and zoning of 3.84 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 as
follows:
1. Remove any existing domestic wells and/or septic systems within this project from their
domestic service, per City Ordinance Section 5-7-5 ! 7, 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 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/AMBERSTONE SUBDMSION
(AZ-o2.-oo3)
Adopt the Recommendations of the ACHD as follows:
Construct the main entrance to the subdivision, Summertree Way, located at the west
property line, as proposed. This location aligns with Summertree Way on the north side of
Cherry Lane.
Construct Summertree Way as a full 29-foot street section with curb and gutter on both sides
of the roadway and 5-foot wide concrete sidewalk on the east side of Summertree Way
within 40-feet of right-of-way.
o
Construct Thorncreek Place as a 29-foot street section with curb, gutter and 5-foot wide
concrete sidewalk within 42-feet of right of-way with parking restricted on one-side of the
roadway. A signage plan shall be submitted for review and approval by Planning and
Development staff.
Construct a large common lot within the public right-of-way, as proposed. Any proposed
landscape islands/medians within the public right-of-way dedicated by this plat shall be
owned and maintained by a homeowners association. Notes of this shall be required on the
final plat.
Construct the proposed large common lot that is located in the center of Summertree
Way with a minimum of a 29-foot street section within 40-feet of right-of-way. The
design shall be reviewed and approved by ACHD's Planning and Development staff.
6. Construct a non-circular turnaround at the east end of Thorncreek Place. Submit a design
of the turnaround for review and approval by District staff.
7. Replace unused curb cuts on Cherry Lane with standard curb, gutter and 5-foot wide
concrete sidewalk to match the existing improvements.
8. Replace any existing damage curb, gutter and sidewalk and any that may be damaged during
the construction of the proposed development.
9. Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District.
10. Meet District drainage requirements per section 8000 of the ACHD Development Policy
Manual.
11.
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
shall be borne by the developer.
12. Any existing irrigation facilities shall be relocated outside of the right-of-way.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page lo
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/AMBERSTONE SUBDIVISION
(AZ-o:~-oo3)
13. Other than the access point 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.
14. Comply with the Standard Requirements of ACHD, as listed in their report dated February
28, 2002.
Additionally, comply with the action of the City Council taken at their June 18, 2002
meeting as follows:
Applicant shall be allowed a 25' wide landscape buffer on the common lot that is
adjacent to Cherry Lane, instead of the required 35', through the alternative compliance
provisions of the Landscape Ordinance.
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-8) Medium Density Residential District, and Meridian City Code §
11-7-2.
5. Subsequent to the passage of the Ordinance provided for in section 4 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 lI
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/AMBERSTONE SUBDIVISION
(AZ-oo-oo3)
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 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 on the
ROLL CALL
COUNCILMAN KEITH BIRD
COUNCILWOMAN TAMMY deWEERD
COUNCILWOMAN CHERIE Mc CANDLESS
COUNCILMAN WILLIAM L.M. NARY
day of
VOTED_~~
VOTED~
VOTED ~'~
VOTED~a'-
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: V"- 2 "'- t57~.._
MOTION: r~~
APPROVED~'~L./~' Di~AI'PRovED:
VOTED
Copy served u p on A pp licant, the Planning and Zoning Department, Pub.,,l ~q~l~fi°fi~,,.s- Department
the City Attorney. .,,~,'
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FINDINGS OF FACT ~D CONCLUSIONS OF
~D DECISION ~D O~ER G~ING ~PLICATION
FOR ~NE~TION ~D ZONING/~BERSTONE SUBD~SION
(~-oe-oo3)
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