HomeMy WebLinkAboutTed Cunningham Annexationeannin
RECORDED - REC'JE T O
FEE -
.2D02A 25 PIH 1:56 102000900
MERIDIAN CITY a
CITY OF MERIDIAN
ORDINANCE NO. 02-935
AN ORDINANCE ADOPTED AFTER ONE READING UNDER SUSPENSION OF THE
RULE ACCORDING TO IDAHO CODE 50-901A AND FINDING THAT CERTAIN
LAND TO BE KNOWN AS THE PROPERTY OF TED CUNNINGHAM THE
LOCATION OF WHICH LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS
OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING
THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO
THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF
MERIDIAN AND ZONING DESIGNATED MEDIUM DENSITY RESIDENTIAL
DISTRICT (R-8); AND DECLARING THAT SAID LAND, BY PROPER LEGAL
DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN,
COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES,
RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND
DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL
MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE
CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP
OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR,
TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE
OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215.
BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY
OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO:
SECTION 1. FINDINGS: That the following described land is
contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has
received a written request for annexation to the City of Meridian, Idaho, by the owner of
said Property to -wit:
ANNEXATION AND ZONING ORDINANCE (AZ -01-014) - 1
A parcel of land being a portion of Lot 1, J.E. Pfost's Subdivision as recorded
in Book 4 of Plats at Page 157, records of Ada County, Idaho and lying in the
NW 1/4 SW 1/4 of Section 6, T. 3N., R. lE., Boise Meridian, Ada County,
Idaho and being more particularly described as follows:
Commencing at a found Brass Cap marking the Section Corner common to
Sections 1 and 12, T. 3N., R. 1W., B.M., Ada County, Idaho and Sections 6
and 7, T. 3N., R. lE., B.M., Ada County, Idaho, said Brass Cap also marking
the centerline intersection of E. Fairview Avenue and N. Meridian Road;
thence N. 00°25'49" W. 2648.42 feet (formerly N. 00°25'30" W. 2648.31
feet and 2648.37 feet) along the said centerline of N. Meridian Road to a
found Brass Cap marking the W 1/4 Corner of said Section 6, said Brass Cap
also marking the centerline intersection of said N. Meridian Road and Blue
Heron Lane; thence N. 88°52'06" E. 340.98 feet along the said centerline of
Blue Heron Lane to a point, said point bears S. 88°52'06" W. 749.63 feet
from a found axle marking the W 1/16 Corner of said Section 6, said point
also marking the REAL POINT OF BEGINNING;
thence continuing N. 88°52'06" E. 156.06 feet along the said centerline of
Blue Heron Lane to a point;
thence S. 00°24'15" E. 217.92 feet to a found l/z" iron pin;
thence S. 88'52'17" W. 155.96 feet (formerly 155.89 feet) to a found 1/2" iron
pin;
thence N. 00°25'49" W. 217.91 feet to the point of beginning, containing
0.78 acres, more or less.
SUBJECT TO AND/OR TOGETHER WITH:
Any easements or rights of way of record or in use.
SECTION 2: That the above-described real property be, and the same
is hereby annexed and made a part of the City of Meridian, Ada County, Idaho.
ANNEXATION AND ZONING ORDINANCE (AZ -01-014) - 2
SECTION 3: That the real property herein by this ordinance annexed
to the City of Meridian hereinabove described shall be zoned Medium Density Residential
District (R-8).
SECTION 4: That the City Engineer is hereby directed to alter all use
and area maps as well as the official zoning maps, comprehensive plan and all official maps
depicting the boundaries of the City of Meridian in accordance with this ordinance.
SECTION 5: The zoning designation set forth in Section 3 of this
ordinance is subject to the terms and conditions of the Administrative Staff as outlined in
the Annexation and Zoning Findings of Fact and Conclusions of Law of the land described
in Section 1, and any uses are to be developed under medium density residential.
SECTION 6: All ordinances, resolutions, orders or parts thereof in
conflict herewith are hereby repealed, rescinded and annulled.
SECTION 7: This ordinance shall be in full force and effect from and
after its passage, approval and publication, according to law.
SECTION 8: The Cleric of the City of Meridian shall, within ten (10)
days following the effective date of this ordinance, duly file a certified copy of this ordinance
and a map prepared in a draftsman manner plainly and clearly designating the boundaries
of the City of Meridian, including the lands herein annexed, with the following officials of
the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor
and shall also file simultaneously a certified copy of this ordinance and map with the State
ANNEXATION AND ZONING ORDINANCE (AZ -01-014) - 3
Tax Commission of the State of Idaho, all in, compliance with Idaho Code 63-2215 and
50-223.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this IS day
of <iGi�'t�t�c c: z` () Zo02.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this w6 r�
day of 7,7G ,q.�, a t 0 2404 Zoog
ATTEST:
CITY CLERIC
STATE OF IDAHO,)
ss.
County of Ada. )
.)`
�'• � ,p� �I 1C�/ wr/7��
�OMrki
iyY 1 k b4�
�cQ 2OD2
On this � day of do/nu�a�,-�98I, b� re me, t aund�rsigned,
a Notary Public in and for said Stale, person 11arec and
WILLIAM G. BERG, jR., known to me to be 2�Anc� Ry Jerk of the CITY of
Meridian, Idaho, and who executed the within instrument, and acknowledged to me that
the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year first above written.
••
.•- •
O S.0
(SEAL): NOTARY PUBLIC FOR IDAHO
RESIDING AT:&6n1� 1 jdako
s•.,,1G%o:� MY COMMISSION EXPIRES: �
Z:\Wor1c\M\Me�k�4 360M\Coors Distributing Co. AZ01 013\AZOrd.doc
*..w..•
ANNEXATION AND ZONING ORDINANCE (AZ -01-014) - 4
0
M
0
--j 0
M
0
<
11�0
0 z
>
-n
o
z
c 0
z m
E m
p
z z
lm
0. ;u
0
mo
I
z
" ;u
2p
G)
0
:r
z
6
6
>
Z
0
(A
c
c
0)
al
p
c
p
0
ff4
0
z
N
c
m
z
N MERDIAN RD
CD T
m 0
N.RICWP
in
46'L�Z
I
0)M.6t,.9Z.00N z
go
Z,
CD
G,
Q z
0fNpU,
U,
WN
p
C
N VOYAGVEE
A
aSMIZ.00S
z
E
o
NLA RCH"N""
LARCMONTAVE
N EUREKA AVE E
-
N EURE KA PID
z
ni
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 ACRD 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
ACHD 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 disturbingto 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 Ptd 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 ACHD 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 ACRD 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 eceixl4cllk--' , 2001.
ROLL CALL
COUNCILMAN RON ANDERSON
COUNCILMAN KEITH BIRD
COUNCILWOMAN TAMMY deWEERD
COUNCILWOMAN CHERIE McCANDLESS
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: 12- "t 8' -OV
MOTION:
APPROVED: DISAPPROVED:
day
VOTED AW�
VOTED*w
VOTED_��
VOTED—
VOTED
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney.
Dated: 12 ~` 9 r0/
City Clerk
ZAWork\M\Meridian\Meridian 15360M\Cunningham Ted AZO 1-014\AZFfCIsOrder.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
November 30, 2001
AZ 01-014
MERIDIAN CITY COUNCIL MEETING December 4, 2001
APPLICANT Ted Cunningham ITEM NO.
REQUEST Public Hearing — Request for annexation and zoning of .66 acres from R-1 to R-8 zones
for Ted Cunningham 125 Blue Herron Lane
AGENCY COMMENTS
CITY CLERK: See attached P & Z Item Packet
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY See attached Recommendations
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
Contacted: Date: Phone:
Materials presented at public meeNnps shall become property of the City of Meridian.
WHITE PETERSON
WHITE, PETERSON, MoRRow, GIGRAY, RossMAN, NYE & RossMAN, P.A.
KEVIN E. DINRIS
CHRISTOPHER S. NYE
JULIE KLEIN FISCHER
PHILIP A. PETERSON
Wm. F, GIaRAY, II
ERICA S. PHILLIPS
T. Guy HALLAM
ERIC S. RossMAN
D. SAMun JOHNSON
TODD A. ROssMAN
JILL S. JURRIES
DAVID M. SWARTLEY
LARRY D. MOORE
TERRENcE R. WHITE**
WI.uAM A. MORROW
NICHOLAS L. WOLLEN
WILLIAM F. NICHOLS*
*Also admitted in OR
** Also admitted in WA
To: Staff
Applicant
AFfected Property Owner(s)
Re: Application Case No.
ATTORNEYS AT LAW
200 EAST CARLTON AVE., SUITE 31
POST OFFICE BOX 1150
MERIDIAN, IDAHO 83680-1150
TEL (208)288.2499
FAX (208) 288*2501 E-MArL:@whitepaterson.com
October 29, 2001
AZ -01-014
NAMPA OFFICE
5700 E. FRANKLIN RD., sTE. 200
NAMPA, IDAHO 83687.8402
TEL.208)466-9272
FAX(208)4664405
PLEASE REPLY TO
MERIDIAN OFFICE
OCT 3 12001
City of Meridian
City Clerk Office
FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING
COMMISSION
Staff, Applicant and/or Affected Property Owner(s):
Please note that these Findings and Recommendations of the Planning and Zoning
Commission shall be presented to the City Council at the public hearing on the above referenced
matter by the Planning and Zoning Administrator. Due to the volume of matters which the City
Council must decide, and to insure your position is understood and clear, it is important to have
a consistent format by which matters are presented at the public hearings before the City
Council.
The City Council strongly recommends:
I . That you take time to carefully review the Findings and Recommendations
of the Planning and Zoning Commission, and be prepared to state your
position on this application by addressing the Findings and
Recommendations of the Planning and Zoning Commission; and
2. That you carefully complete (be sure it is legible) the Position
Statement if you disaree with the Findings and -Recommendations
of the Planning and Ening Commission. The Position Statement
form for this application is available at the City Clerk's office.
It is recommended that you repare a Position Statement and deliver it to the
City Clerk prior to the hearing, if possible. �f that is not possible, please present your Position
Statement to the City Council at the hearing, along with eight (S) copies. The copies will be
presented to the Mayor, Council, Planning and Zoning Administrator, Public Works and the
City Attorney. If you are a part of a group, it is strongly recommended that one Position
Statement be filled out for the group, which can be signed by the representative for the group.
Very truly yours,
City orney's Office
Iy/
BEFORE THE PLANNING AND ZONING COMMISSION
IN THE MATTER OF THE
REQUEST FOR ANNEXATION
AND ZONING OF .66 ACRES
AT 125 BLUE HERRON LANE
BY TED CUNNINGHAM
Case No. AZ -01-014
RECOMMENDATION TO CITY
COUNCIL
1. The property is approximately .66 acres in size and is located at 125
Blue Herron Lane, Meridian.
2. The owner of record of the subject property is Ted Cunningham, of
Meridian, Idaho.
3. Applicant is owner of record.
4. The property is presently zoned by Ada County as R-1, and consists of
a single family home and agricultural uses.
5. The Applicant requests the property be zoned as R-8.
6. 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.
7. The property which is the subject of this application is within the Area
of Impact of the City of Meridian.
RECOMMENDATION TO CITY COUNCIL - I
ANNEXATION AND ZONING - BLUE HERRON LANE BY TED
CUNNINGHAM
8. The entire parcel of the property is included within the Meridian Urban
Service Planning Area as defined in the Meridian Comprehensive Plan.
9. 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.
10. There are no significant or scenic features of major importance that
affect the consideration of this application.
RECOMMENDATION
1. The Meridian Planning and Zoning Commission hereby recommends to
the City Council of the City of Meridian that they approve the requested annexation
and zoning as requested by the Applicant for the property described in the
application, subject to the following:
Adopt the Recommendations of the Planning and Zoning and Engineering
staff as follows:
1. Applicant shall not be required to enter into a Development Agreement
with the City as a condition of annexation.
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. A five -foot -wide sidewalk shall be required along Blue Herron Lane
when the property is re -developed.
4. Any existing domestic wells and/or septic systems within this project
RECOMMENDATION TO CITY COUNCIL - 2
ANNEXATION AND ZONING - BLUE HERRON LANE BY TED
CUNNINGHAM
will 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):
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.
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.
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.
8. All utility relocation costs associated with improving street frontages
abutting the site shall be borne by the developer.
9. Any existing irrigation facilities should be relocated outside of the right-
of-way.
10. Utility street cuts in pavement less than five years old are not allowed
unless approved in writing by the District.
11. As required by District policy, restrictions on the width, number and
locations of driveways, shall be placed on future development of this
parcel.
Z:\Work\M\Meridian\Meridian 15360M\Recommendations\AZ01014Cunningham.wpd
RECOMMENDATION TO CITY COUNCIL - 3
ANNEXATION AND ZONING - BLUE HERRON LANE BY TED
CUNNINGHAM
October 15, 2001
AZ 01-014
MERIDIAN PLANNING & ZONING MEETING October 18, 2001
APPLICANT Ted Cunningham ITEM NO. %
REQUEST Public Hearing — Request for annexation and zoning of .66 acres from R-1 to R-8
zones for Ted Cunningham — 125 Blue Heron Lane
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
SANITARY SERVICE:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
OTHER:
COMMENTS
See previous Item Packet
fZeccmmero A p p rb\/-(al
uS I R)�\,
Contacted: --j n, , Date: 5 Phone: k Z j f tp
Materials presented at -public meetings shall become property of the City of Meridian.
1 V &..0 U..1 V // \J 1 9 V
SIGN -BJP SHEFT
DATE
PROJECT NUMBER - AZ
September 4, 2001
AZ 01-013
MERIDIAN PLANNING & ZONING MEETING September 6, 2001
APPLICANT Ted Cunningham ITEM NO. J'
REQUEST Public Hearing -- Request for annexation and zoning of .66 acres from R-1 to R-8 zones
for Ted Cunningham -- 125 Blue Herron Lane
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
SANITARY SERVICE:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
COMMENTS
No Comment
"No Comment"
"No Remarks" �C_ 0&tj,c, P J H
"No Comment" G80bP_r )8, 20CA
SN
See attached comments
"We have No Objections to this Proposal"
No Comment
OTHER:
Contacted: _�(-d Date: q Phone:
Materials presented at p blic meetings shall become property of the City of Meridian.
-%WA"
r�-
i
r'
CHD Ada County Highway District
Judy Peavey -Derr. President -------__—_ ? I S East 37th Street
Dave Bivens, Ist Vice President Garden City ID 8371=4-6499
Sherry R. Huber, 2nd Vice President Phone (208) 387-6100
Susan S. Eastlake, Commissioner FAX (20S) 3S7-6391
David E. Wynkoop. Commissioner E-mail: icllusiic AC_I II:).ada.id.us
September 5, 2001
Ted Cunninghan
125 Blue Herron
Meridian, Idaho 83642
Re: •- Staff Level Approval
MAZO1-014
Facts and Findings:
125 Blue Herron Lane
RECEIVED
AUG 3 1 2001
CITY OF MERIDIAN
Rezone
A. The Ada County Highway District (ACRD) staff has received the above referenced application
requesting annexation/rezone approval to rezone R-1 (residential/agricultural) to R-8
(residential). The 0.66 -acre site is located on the south side of Blue Herron Lane approximately
300 -feet east of Meridian Road , This development is estimated to generate 30 additional vehicle
trips per day (10 existing) based on the Institute of Transportation Engineers Trip Generation
Manual.
B. The application and site plan stamped and received by the City of Meridian on July 26, 2001, and
submitted to the District on August 3, 2001, has been reviewed by the ACRD Planning and
Development staff and confornls to applicable District standards/policy, or can be made to
conform with the change(s) to the plan described in the requirements stated below.
C. This is a staff level approval and will not be heard by the ACHD C011111liSSioi1 unless the site plan
- rm with District standards/policy or an appeal of the
is changed in such a manner as to not confo
Planning and Development staff decision is submitted as described within the Standard
Requirements outlined below.
D. On Au14ust 13. 2001, the District Planning and Development staff inspected this site and
evaluated the transportation system IIl the vicinity. Oil ALwLlSI 17, 2001. the staff met as the
District's Technical Review C'omnlittec cttld rc\ ie\ycd the impacts 01 -this proposed development
on the District's transportation system. -[-he results of that analysis constitute the Ibllowin;g Facts
and Findinus and reconlnlendecl Site Specilic Requirenlents.
S:'DS•I"[:C'I I PFNDING,,iNI AZ_01-01-t.sla.doc
P•tec I
E. For the purposes ol'estinlating dailw trip generation and assessinL,, impact Ices for this pro ect, the
proposed use of this deyelopnlent has been classified as Single Family Residence. (Per the ITE
Manual) The impact lee rate from the fee tables for this use is 51,294 per single family residence
-- above 1,500 square feet or 51,055 per single faill ilyresidence below 1.500 square feet. Note:
This rate is provided for informational purposes only and shall not be construed as an
rt' impact fee rate certification. The impact fee \\,ill be assessed at the time of plans acceptance
by District staff, and shall be based on the fee tables and provisions of the District's Impact
Fee Ordinance in effect at that time.
11W
IM
If the rezone is approved and the District receives a development proposal, the District intends to
provide the following requirements, in addition to any additional requirements that may apply
upon District review of future development, to the City of 1\9eridian:
Site Specific Requirements:
Dedicate 25 -feet of right-of-way fi•orn 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 pen -nit (or other required pennits), whichever occurs first. Allow up to
30 business days to process the right-of-way dedication after receipt of all requested material.
The owner will not be compensated for this additional right-of-way because Blue Herron Lane
is a local street and is to be brought to adopted standards by the developers of abutting
properties.
2, 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. Replace any damaged curb, gutter and/or sidewalk on Blue Herron Lane to match existing
improvements. Segments to be replaced shall be detennined by ACHD Construction Services
staff. Contact Construction Services at 387-6280 (with file number) for details.
4. All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
5. Any existing irrigation facilities should be relocated outside of the right-of-way.
6. Utility street Cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contact ACHD's Utility Coordinator at 387-2516 or 378-6258 (with
file number) for details.
7. As required by District policy, I'Cst•ictions on the \width, number and IOCatI0I1S of drlve\ways.
shall be placed on ILIWI-C dcvcloprllent of this parcel.
S:`DS1'1:(:t-1 PENDING MAZ01-014.sla.dor
Pau
I
Standard Requirements:
1. This decision of the Planning and Development Supervisor may be appealed to the Ada County
Highway District Commission by the applicant or by another party within 15 calendar clays
from the date of this report. The request shall specifically identify each requirement to be
reconsidered and include a written explanation of why such a requirement would result in a
Substantial hardship or inequity. The request will be heard by the District Commission at an
evenin- meeting \yithin 20 calendar days of the District's receipt of the appeal letter. The
h<;,F appellant will be notified of the date and time of the Commission meetinu.
2. After ACHD Commission action. any request for reconsideration of the Commission's action
shall be made in writing to the Planning and Development Supervisor within two days of the
t action and shall include a minimum fee of $110.00. The request for reconsideration shall
specifically identify each requirement to be reconsidered and include written documentation of
data that was not available to the Commission at the time of it's original decision. The request
for reconsideration will be heard by the District Commission at the next regular meeting of the
Commission. If the Commission agrees to reconsider the action, the applicant will be notified
of the date and time of the Commission meeting at which the reconsideration will be heard.
3. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #193, also known as Ada County Highway District Road Impact
Fee Ordinance.
4. All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standards and approved supplements, Constriction Services
procedures and all applicable ACHD Ordinances unless specifically waived herein. An
engineer registered in the State of Idaho shall prepare and certify all improvement plans.
%I 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit
a (or other required permits), which incorporates any required design changes.
n; 6. Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
7. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations. ordinances. plans,
or other regulatory and legal restrictions in force at the time the applicant or its successors in
interest advises the Highway District of its intent to change the planned use of the subject
property unless a waiver"Variance of said requirements or other le a) relief is granted pursuant
to the law in effect at the time the chane in use is sought.
S. Nig change in the terms and conditions of this approval shall he valid unless they are in writin-,
and signed by the applicant Or the applicant -s authorized representative and an authorized
representative of the Ada County I-111-1li •ay District. The burden shall be upon the applicant to
obtain written confirmation ol'anv ch,,ujge from the Ada County Highwav District.
s: DSTECH PENDING M;arut-t)t-t.sla.doc
llauc .
m
Conclusion oi' Law:
I . ACHD requirements are intended to assure that the proposed use/development will not place an
undue burden on the existing vehicular and pedestrian transportation system within the vicinity
impacted by the proposed development.
Should you have any questions or comments, please contact the ACHD Planning and Development
staff at 357-6170.
Sincerely,
Development Analyst
Planning & Development
cc: Project file
Lead agency/City of Meridian
Chron
0419:
s: ins rix ti i�t:>\�i �wr� n1:\rtt1-O14.sIa.doc
z
z
0
w
LU
wo
=o
M
m II
. T
wa
WQ
N �
T
Qz
Z —
(.DU
z_>
z
z
D
U
0
W
F-
a�l Nblalb3w
0
0
0
0
0
M
O
MAYOR
Robert D. Come
QTY COUNCIL MEMBERS
Ron Anderson
Keith Bird
TarnmgdeWeerd
Cherie McCandless
MEMORANDUM:
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF NERIDLAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
(208) 888-4433 • FAX (208) 887-4813
Qty Clerk Office Fax (208) 888-4218
V
S �e1-amber �
e
llE:YAK1MENl'
(208) 8845533 -FAX 888-6854
August 1, 2001
To: Planning & Zoning Commission/Mayor & City Council
From: Bruce Freckleton, Assistant to City Engineer jk
David McKinnon, Planner
Re: Ted Cunningham
- Request for Annexation and Zoning of .66 Acres from R-1 (County) to R-8
(Medium Density Residential District) by Ted Cunningham (File AZ -01-013).
We have reviewed this submittal and offer the following comments, as conditions of the
applicant. These conditions shall be considered in full, unless expressly modified or deleted
by motion of the Meridian City Council:
APPLICATION SUMMARY
The applicant is requesting the annexation of a parcel of land (.66 acres) located at 125 Blue
Herron Lane. The property is contiguous to the City of Meridian on three sides. The requested
zoning(R-8) is in harmony with the adopted Comprehensive Plan and the Generalized Land Use
Map. Meridian water and sewer services are available to the property and a request for services
has been made by the Applicant. Staff supports the annexation of this property.
LOCATION
The subject parcel is located at 125B1ue Herron Lane, approximately 250 feet east of the
intersection of Blue Herron and Meridian Road. The property is depicted as Single Family
Residential on the Generalized Land Use Map.
SURROUNDING PROPERTIES
The following are uses that surround the subject parcel(s):
North — Apartment complex, zoned R-40.
South — An apartment complex and a contractor's storage yard, zoned C -G and R-40.
East — A meat packing operation, zoned M-1 (County).
West — Apartment complex, zoned R-40.
Ted Cunningham.AZ.Doc
AZ -01-013
Planning & Zoning Con_
August 1, 2001
Page 2
_�ssion/Mayor & City Council
ANNEXATION & ZONING GENERAL COMMENTS
1. The requested zoning of R-8 (Medium Density Residential District) is harmonious with the
Comprehensive Plan Land Use Map designation of Mixed Planned Development, and it is in
compliance with the text contained within the Comprehensive Plan..
2. All of the subject property is within the Urban Service Planning Area.
ANNEXATION SITE SPECIFIC REQUIRMENTS
1. Applicant shall not be required to enter into a Development Agreement with the City as a
condition of annexation.
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. A five -foot -wide sidewalk shall be required along Blue Herron Lane when the property is
re -developed.
ANNEXATION & ZONING STANDARD REQUIREMENTS
1. Any existing domestic wells and/or septic systems within this project will 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.
Staff strongly supports the annexation and zoning request.
AZ -01-013 Cunningham Tc(LAZ,doc
Date: September 5, 2001
To: City of Meridian Planning and Zoning Commissioners
Fm: David McKinnon, Planner
Re: Removal of Items #5, #8, and #9 from the agenda.
Dear Commissioners,
RV ... 6 .. -.- `•
4 0
City of rderidiau
City clerk Of'f`io,
It has come to the attention of the Planning and Zoning staff that items #5, #8 and #9 on the agenda have
not met the minimal public noticing standards as required by State Code. The applicants and/or their
representatives failed to post the properties, with a public notice, at least seven (7) days prior to the
September 6, 2001 Planning and Zoning Meeting.
Due to this error we will not be able to open the public hearings for Ted Cunningham's application for
annexation (item #5), and Jim Jewitt's application for a planned development and it's accompanying
preliminary plat (items #8 and 9).
The public hearings will need to be completely re -noticed, which requires sending out new radius notices,
re -advertising the public hearing in the newspaper, and the posting of the property. Because of time
constraints, it will not be possible move the public hearings to the second meeting in September. The
earliest possible date for holding the public hearings would be the October 4`s P & Z Meeting.
I have talked with both of the applicants about the missed notices and they are aware that they will not be
heard at the 9-6-01 P & Z meeting.
Ted Cunningham has agreed to have his public hearing changed to October 18, 2001.
Jim Jewitt has requested that his public hearing be re -noticed for the October 4"' meeting. I have not agreed
to re -notice for this date yet, and will not do so unless you consent to add to the agenda, as it will increase
the number of new public hearings on the October 4`" meeting.
Please let me know when you would like to have the Jim Jewitt/Kodiak application meeting re -noticed at
the 9-6-01 meeting.
IWI
David McKinnon
Planner
ACHD Ada County Highway District
Judy Peavev-Derr. President 318 East 37th Street
Dave Bivens. Ist Vice President V`IP 10 2001 Garden Cite ID 83714-6499
Sherry R. Huber. 2nd Vice President Phone (208) 3 87-6 100
Susan S. Eastlake. Commissioner CM OF MERID.I:AN FAX (208) 387-6391
David E. Wvnkoop. Commissioner E-mail: teUus:9 CHD ada_id_us
September 5, 2001
Ted Cunninghan
125 Blue Herron
Meridian, Idaho 83642
Re: Staff Level Approval
MAZO1-014 125 Blue Herron Lane Rezone
Facts and Findings:
A. The Ada County Highway District (ACHD) staff has received the above referenced application
requesting annexation/rezone approval to rezone R-1 (residential/agricultural) to . R-8
(residential). The 0.66 -acre site is located on the south side of Blue Herron Lane approximately
300 -feet east of Meridian Road . This development is estimated to generate 30 additional vehicle
trips per day (10 existing) based on the Institute of Transportation Engineers Trip Generation
Manual.
B. The application and site plan stamped and received by the City of Meridian on July 26, 2001, and
submitted to the District on August 3, 2001, has been reviewed by the ACHD Planning and
Development staff and conforms to applicable District standards/policy, or can be made to
conform with the change(s) to the plan described in the requirements stated below.
C. This is a staff level approval and will not be heard by the ACHD Commission unless the site plan
is changed in such a manner as to not conform with District standards/policy or an appeal of the
Planning and Development staff decision is submitted as described within the Standard
Requirements outlined below.
D. On August 13, 2001. the District Planning and Development staff inspected this site and
evaluated the transportation system in the vicinity. On August 17.2001. the staff met as the
District's Technical Review Committee and reviewed the impacts of this proposed development
on the District's transportation system. The results of that analysis constitute the following Facts
and Findings and recommended Site Specific Requirements.
S:\DSTECl`VPEN DING\MAZ01-01 4.sla.doc
Pane I
E. For the purposes ofestimating daily trip generation and assessing impact fees for this project, the
proposed use of this development has been classified as Single Family Residence. (Per the ITE
Manual) The impact fee rate from the fee tables for this use is $1,294 per single family residence
above 1,500 square feet or $1,055 per single family residence below 1,500 square feet. Note:
This rate is provided for informational purposes only and shall not be construed as an
impact fee rate certification. The impact fee will be assessed at the time of plans acceptance
by District staff, and shall be based on the fee tables and provisions of the District's Impact
Fee Ordinance in effect at that time.
If the rezone is approved and the District receives a development proposal, the District intends to
provide the following requirements, in addition to any additional requirements that may apply
upon District review of future development, to the City of Meridian:
Site Specific Requirements:
1. 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 pen -nit (or other required permits), whichever occurs first. Allow up to
30 business days to process the right-of-way dedication after receipt of all requested material.
The owner will not be compensated for this additional right-of-way because Blue Herron Lane
is a local street and is to be brought to adopted standards by the developers of abutting
properties.
2. Construct curb, gutter, 5 -foot wide concrete sidewalk and match paving on Blue Herron Lane
abutting the parcel. Improvements shall be constricted to one-half of a 36 -foot street section.
3. 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 Constriction Services
staff. Contact Construction Services at 387-6280 (with file number) for details.
4. All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
5. Any existing irrigation facilities should be relocated outside of the right-of-way.
6. Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contact ACHD's Utility Coordinator at 387-2516 or 378-6258 (with
File number) for details.
7. As required by District policy, restrictions on the width, number and locations of driveways, -
shall be placed on future development of this parcel.
S:\DSTECHIPENDiNG\iv1AZ01-01 4.sla.doc
Paue 2
Standard Requirements:
1. This decision of the Planning and Development Supervisor may be appealed to the Ada County
Highway District Commission by the applicant or by another party within 15 calendar days
from the date of this report. The request shall specifically identify each requirement to be
reconsidered and include a written explanation of why such a requirement would result in a
substantial hardship or inequity. The request will be heard by the District Commission at an
evening meeting within 20 calendar days of the District's receipt of the appeal letter. The
appellant will be notified of the date and time of the Commission meeting.
2. After ACHD Commission action, any request for reconsideration of the Commission's action
shall be made in writing to the Planning and Development Supervisor within two days of the
action and shall include a minimum fee of $110.00. The request for reconsideration shall
spec fically identify each requirement to be reconsidered and include written documentation of
data that was not available to the Commission at the time of it's original decision. The request
for reconsideration will be heard by the District Commission at the next regular meeting of the
Commission. If the Commission agrees to reconsider the action, the applicant will be notified
of the date and time of the Commission meeting at which the reconsideration will be heard.
3. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance 9193, also known as Ada County Highway District Road Impact
Fee Ordinance.
4. All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standards and approved supplements, Construction Services
procedures and all applicable ACHD Ordinances unless specifically waived herein. An
engineer registered in the State of Idaho shall prepare and certify all improvement plans.
5. The applicant shall submit revised plans for staff approval, prior to issuance of building pen -nit
(or other required permits), which incorporates any required design changes.
6. Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
7. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans,
or other regulatory and legal restrictions in force at the time the applicant or its successors in
interest advises the Highway District of its intent to change the planned use of the subject
property unless a waiver/variance of said requirements or other legal relief is granted pursuant
to the law in effect at the time the change in use is sought.
S. No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by (lie applicant or the applicant's authorized representative and an authorized
representative of the Ada County Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada County Highway District.
S:` DSTEC 1T PEND IN&MAZO 1 -0 14.sla.doc
Pace 1
Conclusion of Law:
ACHD requirements are intended to assure that the proposed use/development will not place an
undue burden on the existing vehicular and pedestrian transportation system within the vicinity
impacted by the proposed development.
Should you have any questions or comments, please contact the ACHD Planning and Development
staff at 387-6170.
Sincerely,
eQ. `fA.L�tmo
- �.e_-elopmentAnalyst---
Planning & Development
cc: Project file
Lead agency/City of Meridian
Chron
S:\DSTECYI PENDING\N,IAZ.01-014.sla.doc
Pa -e 4
n
r
d
d
1�-
LL
0
O
0
0
0
M
O
O
O
M
wD•+n •,-N <-a roz•nalw, 8ug I` -L `v'1 d 2� ` 1 W 1_Y
•au.i �esaau�itii °1�, .._.. d N
�'IDNI�IIdIV�1SInIC3 S /In3In
��-
O+InMe so sDve
IB'Z59Z 3.OY,Si009
,9t'CZGI
zm
x
i
I 1
9 �
r,
i II
�( I 1
I
.I �,... � �eQ �, �:V` :9Y•d- 't•-_ 4✓. p.t _.. iR:-_a' aennvel-�� --•e: •_^ �.
�I it , �tl •�t:.r J `� :�,�_ vim= - -----" _ - --_ == — -- - a :;V' i
� N �� • ........ ... ' f m: ��'" to r u!
f •pia`" d
di3O:E0 TO 60 2nd
T8LL-LBB-60Z 'QUI `s.aaauiRu3 aTveuuid
F-
U
r
�K
r
F-
a F In g
x
9 F fy
Q
y8yf4
I
? i
F
1u
a El 4 p '�'�., 11 •lI I
• • a 0 °
L7 " I
t :t I
f
111 ;I
I II
O+InMe so sDve
IB'Z59Z 3.OY,Si009
,9t'CZGI
zm
x
i
I 1
9 �
r,
i II
�( I 1
I
.I �,... � �eQ �, �:V` :9Y•d- 't•-_ 4✓. p.t _.. iR:-_a' aennvel-�� --•e: •_^ �.
�I it , �tl •�t:.r J `� :�,�_ vim= - -----" _ - --_ == — -- - a :;V' i
� N �� • ........ ... ' f m: ��'" to r u!
f •pia`" d
di3O:E0 TO 60 2nd
T8LL-LBB-60Z 'QUI `s.aaauiRu3 aTveuuid
F-
U
r
�K
r
F-
a F In g
a
Q
u1
Q Q a
z e
F
N a
J F
L1 § Q
W � `�Y�n
� > a
� � ti 'i �•
q �0..•�r-
s
.cF��
€1'.i:.��7R
�
u7
n
It.
s J.v
Ric
✓ dX O
S Qpfiv
*� :i w ✓i+8xlR�
YN !n X...�w7
C
u
W a D
C M1{_+C
<
o
H
9
=,9L'S CI
•E
4 �
b �
I
O+InMe so sDve
IB'Z59Z 3.OY,Si009
,9t'CZGI
zm
x
i
I 1
9 �
r,
i II
�( I 1
I
.I �,... � �eQ �, �:V` :9Y•d- 't•-_ 4✓. p.t _.. iR:-_a' aennvel-�� --•e: •_^ �.
�I it , �tl •�t:.r J `� :�,�_ vim= - -----" _ - --_ == — -- - a :;V' i
� N �� • ........ ... ' f m: ��'" to r u!
f •pia`" d
di3O:E0 TO 60 2nd
T8LL-LBB-60Z 'QUI `s.aaauiRu3 aTveuuid
N
^ ON18V38 jO SISVE
°,,!'r--- -J`— J`._. .. .... .—.. .t6'Z59Z 3..Ov,fZ:JQS _. _.____.. .-- -• —
SL'SLC: 9;'4ZCI
m
a ,
Oi
u;
u r•�
z
ci
Ol
! 407
646ti _01/d i'S K02
NOISIAIQUIS M:.A OI;+VA I0AINI MW
� I �
i ro
u:su: a.,uktnr.�s + IZ'Z>t 309 ,40.00S
! w '•? I 1
I
z
Z
i
L�
f
o
1
�
a
�
it V
u
C)
W�
m
2�
�'
T
p y
�IQ.
�u4t^yA
YIi"07
a
i a C W
IJ
mt is
eAi '
r�
ery
W�FH
1
t $
yj \Z Z SQ
rN P��s�o
z;�Q
m
�
3 !�
-
n
s
1""I
I
I
I
� lri tD 'S,a • o '� y
r���
�\
d .G
K y+ry
GV.L
.. V
W
W�p�O
f -y
N�'04^..H
r
U ^I
�I
��a�u
n
I
F
H p
N ^�
N
^ ON18V38 jO SISVE
°,,!'r--- -J`— J`._. .. .... .—.. .t6'Z59Z 3..Ov,fZ:JQS _. _.____.. .-- -• —
SL'SLC: 9;'4ZCI
m
a ,
Oi
u;
u r•�
z
ci
Ol
! 407
646ti _01/d i'S K02
NOISIAIQUIS M:.A OI;+VA I0AINI MW
� I �
i ro
u:su: a.,uktnr.�s + IZ'Z>t 309 ,40.00S
! w '•? I 1
I
(� II
I MI + I
I n�
, Ia ry I n
N N. r I ( M
I I I
.f I
\ � ,GL'CZC M„61,L0.00N-•—CNrl�v
.- -- .� Svi•v ]OV::L4 NOI,9 _._. �._ —. _
MOISIA'00115 M31A ]I`3VW C3QN3PiV 9107—
f !07
u
F.'d TR/./.-/.RR-RnP 'OUT 'sja9uz5�u-q aToeuuiA Ji n:F.n in sn 2nH
I
z
i
1
�
it V
I
W�
2�
Ll 0
ff
C.`
m
�
3 !�
-
n
s
Tom.•
G
�\
3
K y+ry
GV.L
.. V
IJ_O
r
U ^I
n
I
(� II
I MI + I
I n�
, Ia ry I n
N N. r I ( M
I I I
.f I
\ � ,GL'CZC M„61,L0.00N-•—CNrl�v
.- -- .� Svi•v ]OV::L4 NOI,9 _._. �._ —. _
MOISIA'00115 M31A ]I`3VW C3QN3PiV 9107—
f !07
u
F.'d TR/./.-/.RR-RnP 'OUT 'sja9uz5�u-q aToeuuiA Ji n:F.n in sn 2nH
September 4, 2001
AZ 01-013
MERIDIAN PLANNING & ZONING MEETING September 6, 2001
APPLICANT Ted Cunningham ITEM NO. 5
REQUEST Public Hearing -- Request for annexation and zoning of .66 acres from R-1 to R-8 zones
for Ted Cunningham — 125 Blue Herron Lane
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
No Comment
CITY FIRE DEPT:
"No Comment"
CITY BUILDING DEPT:
CITY WATER DEPT:
"No Remarks"
CITY SEWER DEPT:
"No Comment"
SANITARY SERVICE:
"Ok"
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
See attached comments
CENTRAL DISTRICT HEALTH:
"We have No Objections to this Proposal'
NAMPA MERIDIAN IRRIGATION:
No Comment
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
OTHER:
Contacted:
Date: Phone:
Materials presented at public meetings shall become property of the City of Meridian.
i
CHD Ada County Highway District
1
.,.�.' ------------------------------ — 3 IS East 3 7th S u•ect
ludy Peavey -Derr. President
Dare Direns, 1st Vice President Garden City ID 83714-6499
Sherry R. Huber. 2nd Vice President Phone 10_)) 377-3100
Susan S. Eastlake, Commissioner FAX (0_0781 377 6391
David E. wynkoop. Commissioner Email tcllusit A(:'I ID.ada.id.u<
RECEIVED
September 5, 2001
AUG 3 1 2001
Ted Cunninghan
125 Blue Herron CITY OF MERIDIAN
Meridian, Idaho 83642
Re: - Staff Level Approval
MAZOI-014 125 Blue Herron Lane Rezone
Facts and Findings:
A. The Ada County Highway District (ACHD) staff has received the above referenced application
requesting annexation/rezone approval to rezone R-1 (residential/agricultural) to R-8
(residential). The 0.66 -acre site is located on the south side of Blue Herron Lane approximately
300 -feet east of Meridian Road . This development is estimated to generate 30 additional vehicle
trips per day (10 existing) based on the Institute of Transportation Engineers Trip Generation
Manual.
B. The application and site plan stamped and received by the City of Meridian on July 26, 2001, and
submitted to the District on August 3, 2001, has been reviewed by the ACHD Planning and
Development staff and conforms to applicable District standards/policy, or can be made to
conform with the change(s) to the plan described in the requirements stated below.
f�a�f
C. This is a staff level approval and will not be heard by the ACHD Commission unless the site plan
' is changed in such a manner as to not conform with District standards/policy or an appeal of the
Planning and Development staff decision is submitted as described within the Standard
Requirements outlined below.
D. On A1.10US1 13. 2001, the District Planning and Development stal'f inspected this site and
evaluated the transportation system in the vicinity. On August 17. 2001, the staff met as the
District's Technical Review Committee and reviewed the impacts oi'this proposed development
on the District's tansportation system. 1 -he results of that analysis constitute the lollowin`g Facts
and Findings and recommended ,Site Specilic Requirements.
S:''DS'f I:C•II PI \f)I\Ci'NIAZ01-01 4.sla.doc
Pa_e I
"W
E. For the purposes ofestimating daily trip generation and assessing impact lees liar this project, the
proposed use of this development has been classified as Single Fan -illy Residence. (Per the ITE
Manual) The impact lee rate From the lee tables for this use is 51,294 per single family residence
above 1,500 square legit or 51,055 per single family residence beloN\ 1.500 square feet. Note:
This rate is provided for informational purposes only and shall not be construed as an
impact free rate certification. The impact fee will be assessed at the time ol'plans acceptance
by District stall', and shall be based on the free tables and provisions of' the District's impact
Fee Ordinance in effect at that time.
if the rezone is approved and the District receives a development proposal, the District intends to
provide the following requirements, in addition to any additional requirements that may apply
upon District review of future development, to the Cite of Meridian:
Site Specific Requirements:
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. Allow up to
30 business days to process the right-of-way dedication after receipt of all requested material.
The owner will not be compensated for this additional right-of-way because Blue Herron Lane
is a local street and is to be brought to adopted standards by the developers of abutting
properties.
2. 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. Replace any damaged curb, gutter and/or sidewalk on Blue Herron Lane to match existing
improvein ents. Segments to be replaced shall be detern)ined by ACHD Construction Services
staff. Contact Construction Services at 387-6280 (with file number) for details.
4. All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
5. Any existing irrigation facilities should be relocated outside of the right-of-\vay.
6. Utility street cuts in pavement less than five nears old are not allowed unless approved in
writing by the District. Contact ACHD's Utility Coordinator at 387-2516 or 378-6258 (with
file nuniber) for details.
7. As required by District policy. restrictions on the width. number and locations of driveways.
shall be placed on future development of this parcel.
S: 1)STI -1 PENDING NIAZ_01-014.sla.doc
Pave 2
Standard Requirements:
1. This decision ole the Planning and Development Supervisor 111,1% be appealed to the Ada County
Highway District Commission by the applicant or by another party within 15 calendar days
from the date of this report. The request shall specilically identify each requirement to be
reconsidered and include a written explanation of why such a requirement would result in a
substantial hardship or inequity. The request will be heard by the District Commission at an
evening meeting within 20 calendar days ol. the District's receipt of the appeal letter. The
appellant will be notified of the date and time of the Commission meeting.
2. After ACRD Commission action, any request for reconsideration of the Commission's action
.. shall be made in writing to the Planning and Development Supervisor within two days of the
action and shall include a nlininlunl fee of $110.00. The request for reconsideration shall
specifically identify each requirement to be reconsidered and include written documentation of
data that was not available to the Commission at the time of it's original decision. The request
for reconsideration will be heard by the District Commission at the next regular meeting of the
Commission. If the Commission agrees to reconsider the action, the applicant will be notified
of the date and time of the Commission meeting at which the reconsideration will be heard.
3. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #193, also known as Ada County Highway District Road Impact
A Fee Ordinance.
4. All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standards and approved supplements, Construction Services
procedures and all applicable ACRD Ordinances unless specifically waived herein. An
engineer registered in the State of Idaho shall prepare and certify all improvement plans.
5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit
(or other required permits), which incorporates any required design changes.
6. Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
7. Any change by the applicant in the planned use of the property which is the subject of tills
application, shall require the applicant to comply with all rules, regulations. ordinances. plans.
or other regulatory and legal restrictions in ior-ce at the tinge the applicant or its successors in
interest advises the Highway District of its intent to change the planned use of the subject
property unless a waiver%'variance of said requirements or other legal relief is 'ranted pursuant
,,. to the law in effect at the time the chane in use is sou�1ht.
S. No challue in the terms alld conditions OI tills approval shall be valid unless they arc in writin-U
and si`zned by the applicant oi- the applicant's authorized representative a11d an authorized
representative ofthe Ada County Highway District. The burden shall be 1.111011 the applicant to
obtain written confirmation of any change from the Ada County Highway District.
SCD%1-01t.sla.docfEt\(
(�C'kfi'
ice# N4°'
Is
Conclusion of Law:
I. ACHD requirements are intended to assure that the proposed use/development will not place an
Me burden on the existing vehicular and pe lestdan transportation system Nvithin the vicinity
impacted by the proposed development.
Should you have any questions or comments, please contact the ACHE) Planning and Development
staff at 387-6170.
Sincerely,
Development Analyst
Planning & Development
cc: Project file
Lead agency/City of Meridian
Chron
S:'DS t.Ctl P1.'NIt)I\{(i Nl"\GUl-0l4.Sla.doC
loge A
GH NVIURid"
x 1p -
r-71
To insure that your comments and recommendations will be considered by the Meridian Planning
and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office
Attn: Will Berg, City Clerk, by: August 30, 2001
Transmittal Date: July 31, 2001 Hearing Date: September 6, 2001
File No.: AZ 01-01i
Request: Annexation and Zoning of .66 acres from R-1 to R-8 zones for Ted
Cunningham
By: Ted Cunningham
Location of Property or Project:
125 Blue Herron Lane
Sally Norton, P/Z (No VAR, VAC, FP) _
Jerry Centers, P/Z (No VAR, vAc, FP) _
Bill Nary, P/Z (No VAR, VAC, FP) _
Keven Shreeve, P/Z (No VAR, vAc, FP) _
Keith Borup, P/Z (No VAR, VAC, FP) _
Robert Corrie, Mayor _
Ron Anderson, C/C _
Tammy deWeerd, C/C _
Keith Bird, C/C _
Cherie McCandless, C/C _
Water Department _
Sewer Department _
Sanitary Service (No VAR, vAc, FP) _
Building Department Your Concise Remarks:
Fire Department
Police Department
City Attorney
City Engineer
City Planner
Parks Department (ResidenNeloM.0
AZ -27 FP -24 PP/PFP-26 VARNAC- 20 CUP -26
Meridian School District (No FP)
Meridian Post Office (FP/PPonly)
Ada County Highway District
Community Planning Assoc.
Central District Health
Nampa Meridian Irrig. District
Settlers Irrigation District
Idaho Power Co. (FP/PPonly)
U.S. West (FP/PP only)
Intermountain Gas (FP/PPonly)
Bureau of Reclamation (FP/PP only)
Idaho Transportation Department (No FP)
Ada County (Annexation only)
HUB OF TREASURE VALLEY'
MAYOR
A Good Place to Live
LEGAL DEPARTMENT
Robert D. Corrie
(208) 288-2499 • Fax 288-2501
T
C1� ®� �n�� A
PUBLIC WORKS
CITY COUNCIL MEMBERS
Ron Anderson
33 EAST IDAHO
BUILDING DEPARTMENT
(208)887-211 •Fax 887-1297
Keith Bird
NIERIDIAN, IDAHO 83642
Tammy deWeerd
(208) 888-4133 • Fax (208) 887-4813
PLANNING AND ZONING
City Clerk Office Fax (208) 888-4218
DEPARTMENT
Cherie McCandless
(208) 884-5533 • Fax 888-6854
TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT
PROJECTS
To insure that your comments and recommendations will be considered by the Meridian Planning
and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office
Attn: Will Berg, City Clerk, by: August 30, 2001
Transmittal Date: July 31, 2001 Hearing Date: September 6, 2001
File No.: AZ 01-01i
Request: Annexation and Zoning of .66 acres from R-1 to R-8 zones for Ted
Cunningham
By: Ted Cunningham
Location of Property or Project:
125 Blue Herron Lane
Sally Norton, P/Z (No VAR, VAC, FP) _
Jerry Centers, P/Z (No VAR, vAc, FP) _
Bill Nary, P/Z (No VAR, VAC, FP) _
Keven Shreeve, P/Z (No VAR, vAc, FP) _
Keith Borup, P/Z (No VAR, VAC, FP) _
Robert Corrie, Mayor _
Ron Anderson, C/C _
Tammy deWeerd, C/C _
Keith Bird, C/C _
Cherie McCandless, C/C _
Water Department _
Sewer Department _
Sanitary Service (No VAR, vAc, FP) _
Building Department Your Concise Remarks:
Fire Department
Police Department
City Attorney
City Engineer
City Planner
Parks Department (ResidenNeloM.0
AZ -27 FP -24 PP/PFP-26 VARNAC- 20 CUP -26
Meridian School District (No FP)
Meridian Post Office (FP/PPonly)
Ada County Highway District
Community Planning Assoc.
Central District Health
Nampa Meridian Irrig. District
Settlers Irrigation District
Idaho Power Co. (FP/PPonly)
U.S. West (FP/PP only)
Intermountain Gas (FP/PPonly)
Bureau of Reclamation (FP/PP only)
Idaho Transportation Department (No FP)
Ada County (Annexation only)
Planning & Zoning Department
660 E. Watertower Ln., Ste. 202, Meridian, ID 83642 Ay -pl-Gl
(208) 884-5533 Phone / (208) 888-6854 Fax
ANNEXATION AND ZONING OR REZONE APPLICATION
(RE: Meridian Zoning Ordinance — Section 1 I -15 and I I -16)
PROPOSED NAME OF PROJECT/SUBDIVISION: h5D Co LA "'
ADDRESS, GENERAL LOCATION OF SITE: I7-5
TYPE (RESIDENTIAL, INDUSTRIAL, COMMERCIAL):�rd�(w 1
ACRES OF LAND IN PROPOSED ANNEXATI1
PRESENT LAND USE:>cs,��a�
PROPOSED LAND USE: Ize
PRESENT ZONING DISTRICT:
PROPOSED ZONING DISTRICT:
APPLICANT
ADDRESS: /0.15 ts L"g {6y-�
ZEZONE: 66
PHONE: 9 0.337 G FAX: E-MAIL:
ENGINEER, SURVEYOR, PLANNER: c-T;��-t��
ADDRESS:
PHONE:
FAX:
OWNER(S) OF RECORD*: �vN
ADDRESS:
PHONE:ly` 5526 FAX:
E-MAIL:
E-MAIL:
I have read the information contained herein and certify the information is true and correct.
-9;8d
Signature of Ap cant
*Annexation may require entering into a development agreement as a condition of annexation. Current owner(s) must
execute agreement. Explanation of any change in ownership and tuning for same shall be included in narrative.
10, 26'00
MARI(S
City of Mezidian
City Clerk Offi c
LAND Colleen Marks, L.S. 7045 • 6405 Ustick Road • (208) 378-7703 • Fax (208) 378-7759
tp�
NG I��
ANNEXATION DESCRIPTION
A parcel of land being a portion of Lot 1, J.E. Pfost's Subdivision as recorded in Book 4
of Plats at Page 157, records of Ada County, Idaho and lying in the NW1/4 SW1/4 of
Section 6, T.3N., R.1E., Boise Meridian, Ada County, Idaho and being more particularly
described as follows:
Commencing at a found Brass Cap marking the Section Corner common to Sections 1
and 12, T.3N., R.1W., B.M., Ada County, Idaho and Sections 6 and 7, T.3N., R.IE.,
B.M, Ada County, Idaho, said Brass Cap also marking the centerline intersection of E.
Fairview Avenue and N. Meridian Road; thence N.00°25'49"W. 2648.42 feet (fonnerly
N.00025'30"W. 2648.31 feet and 2648.37 feet) along the said centerline of N. Meridian
Road to a found Brass Cap marking the WI/4 Corner of said Section 6, said Brass Cap
also marking the centerline intersection of said N. Meridian Road and Blue Heron Lane;
thence N.88°52'06"E. 340.98 feet along the said centerline of Blue Heron Lane to a
point, said point bears S.88°52'06"W. 749.63 feet from a found axle marking the W1/16
Corner of said Section 6, said point also marking the REAL POINT OF BEGINNING;
thence continuing N.88°52'06"E. 156.06 feet along the said centerline of Blue Heron
Lane to a point;
thence 5.00°24' 15"E. 217.92 feet to a found 1/2" iron pin;
thence 5.88°52' 17"W. 155.96 feet (formerly 155.89 feet) to a found 1/2" iron pin;
thence N.00°25'49"W. 217.91 feet to the point of beginning, containing 0.78 acres, more
or less.
SUBJECT TO AND/OR TOGETHER WITH:
Any easements or rights of way of record or in use.
ti��AL LST
SD s�
O
7045.
�(Z. �
C' 9T8 OF �
Com.
Annex Cunningham.doc Page 1 of 1
Z
J
z
O
ry
W
W
J
m
W
MJ NVIGN3N
0
0
T
V)
Z
J
z
O
W
Z
W
m M
. T
W ®.
N
T
1
Q�
i Z
0U
Z>
Z
Z
U
uj
0
5
\MERIDIAN CITY
33 E IDAHO AVE
MERIDIA ID 83642-2631
E WOODBURN-DR
AYERS DOVIE A
103 E WOODBURY DR
MERIDIAN ID 83642-0000
HERON BROOK LLC
483 N QUARRYVIEW PL
BOISE ID 83712-0000
80 E BLUE HERON LN
GALUSHKIN MIKHAIL
GALUSHKIN LIYA
165 E WOODBURY DR
MERIDIAN ID 83642-0000
GREENE ROBERT J &
GREENE LISA M
211 E WOODBURY DR
MERIDIAN ID 83642-5573
BAQUERO NELSON R &
BAQUERO BEATRICE
189 E WOODBURY DR
MERIDIAN ID 83642-5573
TED CUNNINGHAM
PROPERTY OWNERS WITHIN 300'
SCHWERD CHESTER D
245 HERON
MERIDIAN ID 83642-0000
225 E BLUE HERON LN
KNAPP CHARLES SR &
KNAPP DELORES
185 BLUE HERON LN
MERIDIAN ID 83642-5566
CHALFANT FRANK E JR
2014 N 23RD ST
BOISE ID 83702-0521
E BLUE HERON ST
CUNNINGHAM TED L &
CUNNINGHAM MARCELLA R
125 BLUE HERON LN
MERIDIAN ID 83642-5566
BORUP CONSTRUCTION INC
2250 N MERIDIAN RD
MERIDIAN ID 83642-1601
2310 N MERIDIAN RD
2250 N MERIDIAN RD
2250 N MERIDIAN RD
N MERIDIAN RD
ASPEN HILLS I LLC
ASPEN HILLS II LLC
6005 HAZELWOOD LN SE
BELLEVUE WA 98006-0000
300 E JAMES COURT LN
WARRANTY DE ) `L'J " -L--)
� .
For Value Received JACK L. THORNE and REBECCA F. THORNS,
husband and wife,
m
the grantors , do hereby grant, bargain, sell and convey unto TED L. CUNNINGHAM
dland MARCELLA R. CUNNINGHAM, husband and wife,
the grantees , the following described premises, to -wit:
W
z
W A part of Lot 1 of J. E. Pfosts Subdivision, according to the
W
w plat thereof filed in Book 4 of Plats at page 157, records of
rx 'Ada County, State of Idaho, described as follows:.-_
Beginning at_a steel pin which is South 33 feet and North $911$t
East 30 feet from the ',Vest Quarter corner of Section 6, Township
3 North, Range 1 East, H.M. thence North $9°1$t East parallel to
the center line of said Section 6 a distance of 467 feet to a
point, the real place of beginning;
ithen%e South 0°011 West 1$5 feet to a point;
!thence South $9042' 'nest 156 feet to a point;
Ithence North and parallel to West side of said Section 6 a
:distance of 1$5 feet to a point;
thence North $9°1$t East 156 feet to the point of beginning.
TO }IAVE,ANI) TO HOLD the said premises, with their appurtenances unto the said Grantee s
their heirs and assigns forever. And the said Grantors do hereby covenant to and
with the said Grantees , that t he y are the owners in fee simple of said premises; that said
premises are free from all incumbrances
and that t hey will wamlpdt and defend the same from all lawful claims whatsoever
Dated: August jd _ , 1959.
STATE OF IDAHO. CAUN'PY OF ADA 1 STATE OF IDAHO COUNTY OF ADA
On this day of August is 59 ( 1 hereby certify that this instrument wns filed for record at
before me, a notary public in and for said State, personally i the request of Ted L. Cunningham
..nerved
Jack L. Thorne and Rebecca F.
Thorne, husband and wife,
If,—"I -
wl� to liif to
be ethe person s whose names are
ribed tb t within instrument, and acknowledged to
cuted the same.
– – Notary Yublic
d}) Idaho
Conlm� Exf3t�ps�' 3 / J /(v
at 30 minutes past 2 o'clock Pm.,
this 27 day of November
19 72 , in my office, and duly recorded in Hook
of Deeds at page
----ja A crNn E A- 1?1.AN.TJRU' -
Ex -Officio/ Recorder
Fees S 1 .00 Deputy.
;`tail to: Route 1., Meridian 83642
Warrnnty Deed 209-A (11W 1 CCBU Prinpd and Fol Sdo By Sym, -York Company, Boise 212999
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
COUNTY OF ADA )
I, 1 ✓ ✓- w i 1 12's ✓ 2T `� �-
(name) (address)
,��// being first duly sworn upon
/yt--- �� oath, depose and say:
(city) (state)
That I am the record owner of the property described on the attached, and I grant
my permission to:
(name) (address)
to submit the accompanying application pertaining to that property.
2. I agree to indemnify, defend and hold the City of Meridian and it's employees
harmless from any claim or liability resulting from any dispute as to the
statements contained herein or as to the ownership of the property which is the
subject of the application.
Dated this i Ct day of l 20.
(Sign ure)
SUBSCRIBED AND SWORN to before me the day and year first above written.
Notary Public for Idaho
Residing at
My Commission Expires:
.�� ��� .mac. � �ryl .� _�(�i
Zc
61 R
? KS
Colleen Marks L.S: 70a5. • 64'05 Ustick,Road (208) 378.7703 Fax' 2
,
(0,8) 3.7.8=7759
ANNEXATION' DESCRIPTION
A liarcel: of land being a portion o f Lot 1:,•J.E. Pfost's Subdivision' as 'recoirded'in Book '4
of Plats at Page 157, records of Ada Couxity, Idaho,and lying in the NWl/4 SWl/4 of
Section 6;'T,3N., R; lE.; Boise Meridian, Ada County, Idaho and being more•'partic'ularly
described. as follows: ;
Comrnencing at a found.Brass Cap marking tate Section Gorraex corritnon to.Sectiorts t
••and 12, T.3N:; R,1 W.; B,M.,-,Ada County, Idaho and Sectxoi7s 6.and 7, T,3N., R.IE.,
B -M, Ada County, Idaho, said Brass Cap also -'ark ixzg.the centerline intetsectioi ,of E:
Fairview Avenue andN Meridiab Road;Jhence N, 0M5.;49". 2648.42 feet (formerly'
N:00625'30"W..2648.31 feet and 2648,37 feet), along the said centerline of N, Mozidiap.,
'Road to a found Brass Cap marking ihe`W1/4 Comex of said Section 6,'said Brass'Ca
also markiz g.the cente.rR ae 'intefsection of-sN. Metidian ROad and -Blue Hexon -Lane,; .
thence N.88°52'06" t. 340.98 feet along the said.centerli ie of Blue Hexon Lane'to a '
poini, said point,bears. S.&8°S2.'0 " V 749.:63 feet from a found axle•marki ' .the Wl/1.6..
Comex of said Section. 6, said point also x�arking tbe..REAL,PO1N�' •OF BEGINNING; ' .
. fence cozitinuing•N.88°52'06"E: 156.06 feet -along the��said'cexxterline o f $1ue Ilexori
Lane'to' a.point; . , . •.
'thence .S.00°24'15"E. 217.91feet to a found 1/2" iroli pin;
theince:S.88052'•17"W. 155.96 feet (formerly,'155.•.89'feet)'to,'a'fotWd' 1•/2"%:iron pin; ' .
thence N,000j5'49"W. 217..91 feet to the.,point of beginning; containing 0.78 acres, mope
ox less.
SUBJECT TO ,A:Nri/OR.TOGETIIER WITH':•.
Aly easements ox xights.of way, of recoxd.or
In use"
JIJL: 2"f
Meridian Nhlie;
4
o
Works Dept. • : ' 1ZE
" .Armej Curinibg1l doc :Page a of I,
- T.3 -N., R.1 W_, B.M.
T.3N., RJE., B.M.
Z
m I
D
�7
m
i
D
m
z
C:
m
f
N. MERIDIAN ROAD ml
N.00'25'49"W. 2648.42_ (N.00'25'30"19. 2648.31') (2648.37') _ gn
x
nzm on y z C7
-Cn x CD
0
o o0
O
OrOam �Q ;
�
mzOTa
`�
0
imp ox O
��
o
0
�< TT�
m�
m
m
,►� "I
NN
on °c
c o r
yOSi f
rn Z
�p 2
o
o
o m 7
m nl
0Z 6'
>
0
�
o�. ZZZ
o z->'
sZ N
T
tx� "
�
DWZ�AD
=O mm-❑
�
m
Lim o O
Z 2
O (Nii�IDi1D r°i 11
Zzx ZO
z
u
� 0
g
m eCT�i.
ym>moo "I
l z
NO
yy
2j' n
pN
L-Omy
O
0;
1n
�" mawA�
am
o
ZN2 D y
ti
~O
yZ�Z� O
O
y
D�AfA� C
O��DD A
O
A
PRO
F�,P B�NON
o�
�
y�� r
z a �mozo
.,ZpD
m O xHop
S <
z
mz
m
A
A
O
�I
p-- _ N.00'25'49"W. 184.91' (185.01') _ S.01' 107'54"E.
I 53.00rf)
i m
r
mm
_
I I
I m
!� o
ml z
N Iz r
J O h m Z
PE a 'Am
m N
d
cn AD mco
D
rn mN
y F, ISN
n v! o O
co
b
;>
I I
N O .Z:
? n z
-I�
5.00'24'15'E. 184.92'
I
N
T N �
tJ J 1N�1\
^� ZO
\ J az
O
a ❑
o o0
O
�
mzOTa
`�
O
x
o
ZOr>U)
m
m N
a
a n
on °c
c o r
z u
rn Z
�p 2
o
o 0 0
u a
o m 7
m nl
m
m o
0
o�. ZZZ
o z->'
T
:
o'
DWZ�AD
=O mm-❑
�
Z 2
i
O
7$��'1
r �
o
O
A O Z
g
O
z
D
v �
u Z
b
V
D A A
z
mz
m
A
A
O
�I
p-- _ N.00'25'49"W. 184.91' (185.01') _ S.01' 107'54"E.
I 53.00rf)
i m
r
mm
_
I I
I m
!� o
ml z
N Iz r
J O h m Z
PE a 'Am
m N
d
cn AD mco
D
rn mN
y F, ISN
n v! o O
co
b
;>
I I
N O .Z:
? n z
-I�
5.00'24'15'E. 184.92'
I
N
T N �
tJ J 1N�1\
^� ZO
\ J az
O
On mD
mzOTa
`�
"���U)
O
ZOr>U)
rn=NV/0
ODc':
�
c:.
C
m
0
o�. ZZZ
o z->'
T
:
o'
DWZ�AD
=O mm-❑
Z O
N
A O Z
O
a\-n—O
nAz,1
ZN nOOO
D
D A A
c
C3 -
c') 0
co
co Fn 7�
SZ
W 0 g m
(D
0
(D
z
TED OR MARCELLA CUNNINGHAM 9732
125 BLUE HERON LANE 888-3376
MERIDIAN, ID 83642 92-372/1231 3668
Datp.,
Pay to the
Order of
Dollars
rMbank.
'-QXVIW 1 -800 -US BANKS
usbanK.com
1 9?f
For
L11 3
i: L 23 1037 291: L S 3 300 L ? C3 8 C3 19�
0 HARLANO 2Q
S,-
<
V'
i
I
I
�.
�
I
I
I
I
I '
>
><
r%
c
C3 -
c') 0
co
co Fn 7�
SZ
W 0 g m
(D
0
(D
z
TED OR MARCELLA CUNNINGHAM 9732
125 BLUE HERON LANE 888-3376
MERIDIAN, ID 83642 92-372/1231 3668
Datp.,
Pay to the
Order of
Dollars
rMbank.
'-QXVIW 1 -800 -US BANKS
usbanK.com
1 9?f
For
L11 3
i: L 23 1037 291: L S 3 300 L ? C3 8 C3 19�
0 HARLANO 2Q