HomeMy WebLinkAboutTed Cunningham 2BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF TED
CUNNINGHAM, THE
APPLICATION FOR
ANNEXATION AND ZONING
OF .66 ACRES, LOCATED AT
125 BLUE HERRON LANE,
MERIDIAN, IDAHO
C/C 12-04-01
Case No. AZ -01-014
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 December 4, 2001, at the hour of 6:30 p.m., and David McKinnon,
Planner for the Planning and Zoning Department, appeared and testified, and Ted
Cunningham, the applicant, appeared and testified, and no one appeared in
opposition, 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 AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY TED CUNNINGHAM / (AZ -01-014)
Page 1
4J
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF TED
CUNNINGHAM, THE
APPLICATION FOR
ANNEXATION AND ZONING
OF .66 ACRES, LOCATED AT
125 BLUE HERRON LANE,
MERIDIAN, IDAHO
C/C 12-04-01
Case No. AZ -01-014
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 December 4, 2001, at the hour of 6:30 p.m., and David McKinnon,
Planner for the Planning and Zoning Department, appeared and testified, and Ted
Cunningham, the applicant, appeared and testified, and no one appeared in
opposition, 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 AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY TED CUNNINGHAM / (AZ -01-014)
Page 1
FINDINGS OF FACT
1. The notice of public hearing on the application for annexation and
zoning was published for two (2) consecutive weeks prior to said public hearing
scheduled for December 4, 2001, 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 December 4,
2001, 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 Titles 11 and 12, Meridian City Code, and all
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY TED CUNNINGHAM / (AZ -01-014)
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 which is the subject of the application for annexation and
zoning is described in the application, and by this reference is incorporated herein as
if set forth in full.
5. The property is approximately .66 acres in size and is located at 125
Blue Herron Lane, Meridian, Idaho.
6. The owner of record of the subject property is Ted Cunningham of
Meridian, Idaho.
7. Applicant is owner of record.
8. The property is presently zoned by Ada County as R-1, and consists of a
single family home and agricultural uses.
9. The Applicant requests the property be zoned as R-8.
10. The subject property is bordered to the north by an apartment complex,
zoned R-40, to the south by an apartment complex and contractor's storage yard,
zoned C -G and R-40, to the east by a meat packing operation, zoned M-1 (County)
and to the west by an apartment complex, zoned R-40.
11. The property which is the subject of this application is within the Area
of Impact of the City of Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY TED CUNNINGHAM / (AZ -01-014)
12. The entire parcel of the property is included within the Meridian Urban
Service Planning Area as defined in the Meridian Comprehensive Plan.
13. The Applicant requests zoning of the subject real property as R-8 which
is consistent with the Meridian Comprehensive Plan Generalized Land Use Map
which designates the subject property as Single Family Residential.
14. There are no significant or scenic features of major importance that
affect the consideration of this application.
15. 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:
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
15.1 Applicant shall not be required to enter into a Development Agreement
with the City as a condition of annexation.
15.2 All future development of this property shall be in conformance with
the most recently adopted Zoning Ordinance at the time of re-
development.
15.3 A five -foot -wide sidewalk shall be required along Blue Herron Lane
when the property is re -developed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY TED CUNNINGHAM / (AZ -01-014)
15.4 Any existing domestic wells and/or septic systems within this project
shall have to be removed from their domestic service per City Ordinance
Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes
such as landscape irrigation.
Adopt the ACHD Recommendations as follows (if the City receives a
development proposal for the subject property):
15.5 Dedicate 25 -feet of right-of-way from the centerline of Blue Herron
Lane abutting the parcel 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.
15.6 Construct curb, gutter, 5 -foot wide concrete sidewalk and match paving
on Blue Herron Lane abutting the parcel. Improvements shall be
constructed to one-half of a 36 -foot street section.
15.7 Replace any damaged curb, gutter and/or sidewalk on Blue Herron Lane
to match existing improvements. Segments to be replaced shall be
determined by ACHD Construction Services staff.
15.8 All utility relocation costs associated with improving street frontages
abutting the site shall be borne by the developer.
15.9 Any existing irrigation facilities shall be relocated outside of the right-of-
way.
15.10 Utility street cuts in pavement less than five years old are not allowed
unless approved in writing by the District.
15.11 As required by District policy, restrictions on the width, number and
locations of driveways, shall be placed on future development of this
parcel.
15.12 Applicant shall comply with all the Standard Requirements of the
ACRD as addressed in their letter dated September 5, 2001.
16. 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. 15, and all
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY TED CUNNINGHAM / (AZ -01-014)
sub -parts, the economic welfare of the City and its residents and tax and rate payers
will be protected.
17. It is also found that the development considerations as referenced in
Finding No. 15 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, or future
neighboring uses, particularly considering the impact of proposed development on
potential to produce excessive traffic, noise, smoke, fumes, glare and odors.
18. 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 Single Family
Residential.
19. 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:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY TED CUNNINGHAM / (AZ -01-014)
19.1 The consideration of the provisions of the Comprehensive Plan and the
requirements of the zoning ordinance assure that the processing of such
application is the management of growth with the aim to achieve high-
quality development. Enhancement of Meridian's quality of life for all
residents is achieved by applying the criteria of the Comprehensive Plan
and the zoning ordinance of the City to all applications such as the
subject application.
19.2 This proposed new growth development will finance public service
expansion by the requirement herein that the applicant comply with the
requests submitted of the political subdivisions responses within the
Meridian Urban Service Planning Area submitted in the record of this
matter.
19.3 The application is consistent with Meridian's self identity.
19.4 The preservation and improvement of the character and quality of
Meridian's man-made environment while maintaining its identity as a
self-sufficient community is achieved by applying the criteria of the
Comprehensive Plan and the zoning ordinance of the City to the subject
application.
19.5 Compliance with the requests of the political subdivisions providing
services, assures that community services are being provided for existing
and projected needs and that the land use patterns of the City are
balanced to insure that revenues pay for services and that the Urban
Service Planning Area is visually attractive, efficiently managed and
clearly identifiable.
19.6 Compatible and efficient use of land through innovative and functional
site design is achieved by applying the criteria of the Comprehensive
Plan and the zoning ordinance of the City to the subject application.
20. The property can be physically serviced with City water and sewer, and
Applicant has requested such services.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY TED CUNNINGHAM / (AZ -01-014)
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 '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:
4.A The Goals of the Comprehensive Plan are set forth at Page 5 and
include:
4.1 To preserve Meridian's environmental quality and to make
provisions for and improve the total natural environment
by adopting City-wide and Urban Service Planning Area
policies, which deal with area -specific policies and
programs.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY TED CUNNINGHAM / (AZ -01-014)
4.2 To ensure that growth and development occur in an
orderly fashion in accordance with adopted policies and
procedures governing the use of land, residential
development the provision of services and the distribution
of new housing units within the Urban Service Planning
Area.
4.3 To encourage the kind of economic growth and
development which supplies employment and economic
self-sufficiency for existing and future residents, reduces
the present reliance on Boise and strengthens the City's
ability to finance and implement public improvements,
services and its open space character.
4.4 To provide housing opportunities for all economic groups
within the community.
4.5 To preserve and improve the character and quality of
Meridian's man-made environment while maintaining its
identity as a self-sufficient community.
4.6 To encourage cultural, educational and recreational
facilities which will fill the needs and preferences of the
citizens of Meridian and to insure that these facilities are
available to all residents of the City.
4.7 To provide community services to fit existing and projected
needs.
4.8 To establish compatible and efficient use of land through
the use of innovative and functional site design.
4.9 To encourage a balance of land use patterns to insure that
revenues pay for services.
4.10 To create an Urban Service Planning Area which is visually
attractive, efficiently managed and clearly identifiable.
5. The zoning of Medium Density Residential District (R-8) is defined in the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY TED CUNNINGHAM / (AZ -01-014)
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.
8. The development of the property shall be subject to and controlled by the
Zoning and Subdivision and Development Ordinances of the City of Meridian.
9. Section 11-16-4 A of the Zoning and Development Ordinance provides in
part as follows:
If property is annexed and zoned, the City may require or permit, as a condition
of the zoning, that an owner or developer make a written commitment concerning
the use or development of the subject property. If a commitment is required or
permitted, it shall be recorded in the office of the Ada County Recorder and shall
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY TED CUNNINGHAM / (AZ -01-014)
take effect upon the adoption of the ordinance annexing and zoning the property,
or prior if agreed to by the owner of the parcel. Unless the commitment is
modified or terminated by the City Council, the commitment shall be binding on
the owner of the parcel, each subsequent owner, and each other person acquiring
an interest in the property. A commitment is binding on the owner of the
property even if it is unrecorded; however, an unrecorded commitment is binding
on subsequent owners and each other person acquiring an interest in the property
only if the subsequent owner and each other person acquiring an interest in the
property has actual notice of the commitment.
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 .66
acres to Medium Density Residential District (R-8) is granted subject to the terms and
conditions of this Order hereinafter stated.
2. The application is for annexation and zoning of .66 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. That the annexation and zoning of the subject property is subject to the
following conditions which shall govern Administrative Staff review and approval of
development permits required for the development of this property, as follows, to -wit:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY TED CUNNINGHAM / (AZ -01-014)
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
3.1 Applicant shall not be required to enter into a Development Agreement
with the City as a condition of annexation.
3.2 All future development of this property shall be in conformance with
the most recently adopted Zoning Ordinance at the time of re-
development.
3.3 A five -foot -wide sidewalk shall be required along Blue Herron Lane
when the property is re -developed.
3.4 Any existing domestic wells and/or septic systems within this project
shall have to be removed from their domestic service per City Ordinance
Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes
such as landscape irrigation.
Adopt the ACRD Recommendations as follows (if the City receives a
development proposal for the subject property):
3.5 Dedicate 25 -feet of right-of-way from the centerline of Blue Herron
Lane abutting the parcel 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.
3.6 Construct curb, gutter, 5 -foot wide concrete sidewalk and match paving
on Blue Herron Lane abutting the parcel. Improvements shall be
constructed to one-half of a 36 -foot street section.
3.7 Replace any damaged curb, gutter and/or sidewalk on Blue Herron Lane
to match existing improvements. Segments to be replaced shall be
determined by ACHD Construction Services staff.
3.8 All utility relocation costs associated with improving street frontages
abutting the site shall be borne by the developer.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY TED CUNNINGHAM / (AZ -01-014)
3.9 Any existing irrigation facilities shall be relocated outside of the right-of-
way.
3.10 Utility street cuts in pavement less than five years old 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.
3.12 Applicant shall comply with all the Standard Requirements of the
ACRD as addressed in their letter dated September 5, 2001.
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 D.
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 -2 1 -1 in accordance with the provisions of the annexation and
zoning 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 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY TED CUNNINGHAM / (AZ -01-014)
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 )2001.
ROLL CALL
COUNCILMAN RON ANDERSON
COUNCILMAN KEITH BIRD
COUNCILWOMAN TAMMY deWEERD
COUNCILWOMAN CHERIE McCANDLESS
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: 12- — t g -t V
MOTION: 11-11.
APPROVED: -4DISAPPROVED:
day
VOTED Ahs
VOTED_6kZw
VOTED—��
VOTED_ �¢�J
VOTED
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney. ',.N'14iatupoffl
Dated: / 2
City Clerk
ZAWork\M\Meridian\Meridian 15360M\Cunningham Ted AZ01-014\AZFfCIs0rder,doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY TED CUNNINGHAM / (AZ -01-014)
Page 14
Meridian Planning and Zoning Commission Meeting October 18, 2001
The regularly scheduled meeting of the Meridian Planning and Zoning Commission was
called to order at 7:00 p.m. on Thursday, October 18, 2001, by Chairman Keith Borup.
Members Present: Keith Borup, Sally Norton, Bill Nary, Jerry Centers and Keven
Shreeve.
Others Present: Steve Siddoway, Bruce Freckleton, Larry Moore, Dean Willis, Tara
Green and Will Berg.
Borup: Okay. We'd like to call to order our regular Planning and Zoning Commission
regular meeting for Thursday, October 18th, and move things along. I might mention we
have all five Commissioners here in attendance.
Item 1. Roll -Call Attendance
X Sally Norton X Jerry Centers
X Bill Nary X Keven Shreeve
X Chairman Keith Borup
Item 3. Consent Agenda:
A. Approve minutes of September 20, 2001 Planning and Zoning
Commission Regular Meeting:
Borup: The first item is approval of minutes from the September 201h meeting. Any
comments from any of the Commissioners? If not, do we have a motion?
Nary: Mr. Chairman.
Borup: Commissioner Nary.
Nary: I would move the approval of the minutes from the regular meeting of September
20th.
Shreeve: Second.
Borup: Motion and second to approve the minutes. All in favor? Opposed? Thank you.
MOTION CARRIED: ALL AYES.
Item 7. Public Hearing: AZ 01-013 Request for annexation and zoning of .66
acres from R-1 to R-8 zones for Ted Cunningham by Ted Cunningham —
125 Blue Herron Lane:
Meridian Planning and Zoning Comn—..on Meeting
October 18, 2001
Page 2
Borup: I would like to propose one change on the agenda and that would be to move
Item 7 on up before Item 4, which would put it first on the agenda. This was a continued
hearing just on a short annexation and zoning. If the Commissioners would be all right
with that, I think that would be more accommodating to the applicant, rather than
waiting for -- okay. So let's do that, let's start with -- again, we did open the Public
Hearing and continued it, but this is Public Hearing AZ 01-013, request for annexation
and zoning of .66 acres from R-1 to R-8 zones for Ted Cunningham on 125 Blue
Herron Lane. Do we have a staff report on this item? Did that foul you up by moving
that, Steve?
Siddoway: I'll find it shortly here.
Borup: Okay. On Item 7 --
Siddoway: Well, I'm going to do it with -- there we go.
Borup: There we go.
Siddoway: Okay. The short version of this is that Mr. Cunningham lives on Blue
Herron Lane. The Herron Brook Town homes are being constructed currently in this
location. This would be Meridian Road. North is up. I think he had a failing septic. He
applied for an emergency hookup to city sewer. That was granted, but a condition of
the hookup was that he immediately applies for annexation, which he has done. This
would be the subject lot surrounded in the dark outline. And I think that's it. Staff
recommends approval. We have a -- should have a staff report.
Borup: That's dated August 1St?
Siddoway: Yes and the conditions in the August 1St staff report by Bruce Freckleton
and David can stand. With those conditions recommend approval.
Borup: Okay. Thank you. Any questions from the Commission? Do we have anything
the applicant would like to say? The staff has recommended approval. The only
question is if you have read all the staff reports and agree to all the conditions? Okay.
The applicant indicated that he had. Any other questions from the -- any
Commissioners? Do we have anyone else here that is here to testify on this
application? Okay. Seeing none --
Nary: Mr. Chairman, I move to close the Public Hearing.
Norton: I second.
Borup: Motion and second to close the Public Hearing. All in favor?
Meridian Planning and Zoning Comn.,. ,ion Meeting
October 18, 2001
Page 3
MOTION CARRIED: ALL AYES
Borup: Okay. Do we have a motion --
Shreeve: Mr. Chairman?
Borup: Commissioner Shreeve.
Shreeve: I move that we approve AZ 01-013, request for annexation and zoning of .66
acres from R-1 to R-8 zones for Ted Cunningham by Ted Cunningham, 125 Blue
Herron Lane, with all the conditions and comments in the staff letter.
Nary: Second.
Borup: Motion and second. Any discussion? All in favor?
MOTION CARRIED: ALL AYES
Item 4. Continued Public Hearing from September 20, 2001: PP 00-023
Request for Preliminary Plat approval of 30 building lots and 2 other lots
on 16.4 acres in an R-4 zone for proposed Autumn Faire Subdivision
No, 2 by Gemstar Properties, LLC — east of North Black Cat Road and
south of West Ustick Road:
Borup: Thank you. Okay. The next item is a Continued Public Hearing PP 00-023,
request for Preliminary Plat approval of 30 building lots and two other lots on 16.4
acres in an R-4 zone for Autumn Faire Subdivision No. 2 by Gemstar Properties and
we've had -- I think most of this was discussed at the last meeting. Is there some
additional information, Mr. Siddoway?
Siddoway: Mr. Chairman, Commissioners. Just a quick refresher. It's located near
Ustick and Black Cat into the existing Autumn Faire Subdivision. This is the new plat
that was brought to the hearing at the last meeting. The original staff report that was --
or the staff reports -- I guess there was a December and January staff report, they dealt
with the previous plat, which showed -- the basic difference between the two was that
there were no lots along the east -- west, sorry -- west boundary right here and
wrapping around, they were all located in this area. This street connected through.
The plat has been modified to make the lots larger, wrapping the lots completely
around, but it has the same number of lots as the original proposal. You should have a
revised staff report from Brad Hawkins -Clark and Bruce Freckleton, dated October 16tH
Per that memo all the site specific requirements from the previous staff report should be
now null and void and replaced with the conditions in this staff report. There are some
issues that the applicant should address tonight. One would be a new calculation for
the net density. Items No. 3 and 4 in the new staff report request an Encroachment
Agreement prior to City Council. The applicant has responded that the Irrigation
Meridian City Council Meeting
Tuesday, December 4, 2001
Page 16 of 90
Anderson: I'll make a stab at it, then. I would make a motion, then, that we approve the
final plat for 57 building lots and 3 other lots on 17.66 acres in an R-4 zone for Turtle
Creek Subdivision No. 3, to include staff comments, with the exception of the
elimination of No. 7 and No. 2 micropaths and on comment 12 to include the word if, so
that if at anytime this goes into the city system that they would have to pay the fees on
the irrigation, and instruct the city attorney to draw up the appropriate Findings of Fact
and Conclusions of Law.
Bird: Second.
Corrie: Okay. Motion has been made and seconded to have the staff comment
included in the Findings of Facts and Conclusions of Law, with the exclusion of Item No.
7 and Item No. 2 to be removed and Item No. 12 to insert the word if in case the city is
not required to back up the water supply. Any further discussion? Hearing none, roll -
call vote, Mr. Berg.
Role Call: Bird, aye; De Weerd, nay; McCandless, aye; Anderson, aye.
Corrie: Okay. Three ayes, one nay, motion is carried.
MOTION CARRIED: THREE AYES, ONE NAY.
Item 9. Public Hearing: ;AZ 01-014 Request for annexation and zoning of .66
acres from R-1 to R-8 zones for Ted Cunningham by Ted Cunningham —
125 Blue Herron Lane:
Corrie: Item No. Item 9 is a Public Hearing, request for annexation and zoning of .66
acres from R-1 to R-8 zones for Ted Cunningham by Ted Cunningham, 125 Blue Heron
Lane. At this time I will open the Public Hearing on Item No. 9 and staff comments first.
McKinnon: Mayor, Members of the Council, I'll keep it short. Staff wholeheartedly
supports this annexation application request. The property -- the subject property is up
on the overhead right now. You see it's off Blue Heron just off of North Meridian Road.
The property is within the area impact and it's got water and sewer services to it already
through the City of Meridian and all it needs to be done is to have this property annexed
is for you guys to vote approval of this. There is nothing that would stop the approval, in
staffs mind, from happening tonight. With that I would ask if there is any questions.
Corrie: Any questions of staff?
Bird: I have none, Mayor.
Corrie: This is a Public Hearing. Is the developer Ted Cunningham here this evening?
Or a representative? Give your name and address, please.
Cunningham: Ted Cunningham, 125 Blue Heron Lane, Meridian.
Meridian City Council Meeting
Tuesday, December 4, 2001
Page 17 of 90
Corrie: Thank you.
Cunningham: Mayor, Council Members, I requested the change -- zoning change in my
property on Blue Heron Lane, also to be annexed into the city. It was zoned R-1 and I
would change it to R-8. I met with the Zoning and Planning Commission on October
18th and it was approved by them. Now I'm here to see if you will approve it.
Corrie: Okay. Anything else?
Cunningham: That's all I have got to say.
Corrie: All right. Thank you. Nice job.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I guess I just have one question.
Cunningham: Pardon me?
Corrie: We have one question for you.
De Weerd: Have you read the recommendations from the Planning and Zoning
Commission?
Cunningham: Several times. Yes.
De Weerd: Do you agree with everything that's in there?
Cunningham: Yes. I do agree.
De Weerd: Okay. Thank you.
Corrie: Thank you. Is there anyone else that would like to issue testimony on this is
annexation and zoning request? Okay. Hearing none, Council, any further discussion
or comments?
Bird: I have none, Mayor.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I move we close the Public Hearing.
Meridian City Council Meeting
Tuesday, December 4, 2001
Page 18 of 90
Bird: Second,
Corrie: Motion has been made and second to close the Public Hearing for Item No. 9, a
request for annexation and zoning, No. 01-014. Any further discussion? All those in
favor of the motion say aye. Opposed no. All ayes. Motion is carried.
MOTION CARRIED: ALL AYES.
Corrie: Discussion?
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I move we approve the request for annexation and zoning of .66 acres from
R-1 to R-8 zone for Ted Cunningham and to ask the attorney to draw up Findings of
Facts and Conclusions of Law and Decision of Order and to include all staff comments.
Corrie: Motion has been made to approve the annexation and zoning from R-1 to R-8
by Ted Cunningham, to include all staff comments, and for the attorney to draw up the
proper papers. Further discussion? Hearing none, Roll -call vote, Mr. Berg.
Roll -Call: Bird; aye; de Weerd, aye; McCandless, aye; Anderson, aye.
Corrie: All ayes. Motion carried for annexation and zoning change.
MOTION CARRIED: ALL AYES.
Item 10. Public Hearing: PP 00-023 Request for Preliminary Plat approval of 30
building lots and 2 other lots on 16.4 acres in an R-4 zone for proposed
Autumn Faire Subdivision No. 2 by Gemstar Properties, LLC — east of
North Black Cat Road and south of West Ustick Road: Attorney to
prepare Findings of Fact and Conclusions of Law for Approval
Corrie: Item No. 10, is a Public Hearing, request for a Preliminary Plat approval of 30
building lots and 2 other lots on 16.4 acres in an R-4 zone for proposed Autumn Faire
Subdivision No. 2 by Gemstar Properties, LLC, east of North Black Cat Road and south
of West Ustick Road. At this time I will open the Public Hearing and entertain staff
comments.
McKinnon: Thank you, Mayor, Members of the Council. Up on the overhead right now
is' a diagram of the subdivision that's in front you tonight for Preliminary Plat approval.
The first time this was brought in front of you it looked a little different and they have
Actually not changed a number of lots, but they have actually made the lots bigger and
they spread them out on the far western side of the property -- it would be the left-hand
Dovie A. Ayers Heron Brook, LLC Mikhail and Liya Galushkin
103 East Woodbury Drive 483 North Quarryview Place 165 East Woodbury Drive
Meridian, ID 83642 Boise, ID 83712 Meridian, ID 83642
Robert and Lisa Greene
211 East Woodbury Drive
Meridian, ID 83642-5573
Charles and Delores Knapp
185 Blue Heron Lane
Meridian, ID 83642-5566
Borup Construction, Inc.
2250 North Meridian Road
Meridian, ID 83642-1601
Nelson and Beatrice Baquero
189 East Woodbury Drive
Meridian, ID 83642-5573
Frank E. Chalfant, Jr.
2014 North 23rd Street
Boise, ID 83702-0521
Aspen Hills I, LLC
Aspen Hills II, LLC
6005 Hazelwood Lane SE
Bellevue, WA 98006
auNlk'� 1012-101
Chester D. Schwerd
245 Heron
Meridian, ID 83642
Ted and Marcella Cunningham
125 Blue Heron Lane
Meridian, ID 83642
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 Meridian Planning and Zoning Commission
of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho
Avenue, Meridian, Idaho, at the hour of 7:00 p.m. on October 18, 2001, for the purpose
of reviewing and considering the application of Ted Cunningham for annexation and
zoning of .66 acres from R-1 to R-8 zones for Ted Cunningham located at 125 Blue
Herron Lane.
A more particular description of the above property is on file in the City Clerk's
office at Meridian City Hall, 33 East Idaho Avenue, and is available for inspection during
regular business hours, Monday through Friday, from 8:00 a.m. to 5:00 p.m.
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. Oral testimony may be limited to three (3) minutes per person.
Written materials may be submitted seven (7) days prior to the above hearing date so
that all interested parties may examine them prior to the hearing. All materials
presented at public meetings shall become property of the City of Meridian. Anyone
desiring accommodation for disabilities related to documents and/or hearings, please
contact the City Clerk's Office at 8884433 at least 72 hours prior to the public meeting.
DATED 2nd of October, 2001
LLIAM G. BERG, JR./,C
PUBLISH 4" and 12th of October, 2001
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 Meridian Planning and Zoning Commission
of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho
Avenue, Meridian, Idaho, at the hour of 7:00 p.m. on September 6, 2001, for the
purpose of reviewing and considering the application of Ted Cunningham for annexation
and zoning of .66 acres from R-1 to R-8 zones for Ted Cunningham located at 125 Blue
Herron Lane.
A more particular description of the above property is on file in the City Clerk's
office at Meridian City Hall, 33 East Idaho Avenue, and is available for inspection during
regular business hours, Monday through Friday, from 8:00 a.m. to 5:00 p.m.
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. Oral testimony may be limited to three (3) minutes per person.
Written materials may be submitted seven (7) days prior to the above hearing date so
that all interested parties may examine them prior to the hearing. All materials
presented at public meetings shall become property of the City of Meridian. Anyone
desiring accommodation for disabilities related to documents and/or hearings, please
contact the City Clerk's Office at 888-4433 at least 72 hours prior to the public meeting.
DATED this 30th of July, 2001
WILLIAM G. BERG, JR., CITY CLERK
PUBLISH 171h and 31St of August, 2001 ��`C���1r'`��++
a
" r �Af �