HomeMy WebLinkAboutSutherland Farm Subdivision No. 4 RZ-04-006
BEFORE THE MERIDIAN CITY COUNCIL
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The above entitled rezoning application having come on for public hearing on June 8,
IN THE MATTER OF THE
APPLICATION FOR REZONE OF
16.1 ACRES FROM R-4 TO R-8
ZONE FOR SUTHERLAND FARM
SUBDIVISION NO.4, LOCATED
APPROXIMATELY Yz A MILE
SOUTH OF OVERLAND ROAD ON
THE EAST SIDE OF S. EAGLE
ROAD, MERIDIAN, IDAHO
SUTHERLAND FARM, INC.,
APPLICANT
C/C 06/08/04
C/C 06/15/04
Case No. RZ-O4-006
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
2004, and continued until June 15, 2004, at the hour of 7:00 p.m., and Anna Powell Planning
Director for the Planning and Zoning Department, appeared and testified, and the City Council
having duly considered the evidence and the record in this matter therefore makes the following
Findings of Fact and Conclusions of Law, and Decision and Order:
FINDINGS OF FACT
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXATION AND ZONING SUTHERLAND FARM SUBDIVISION NO.4
(RZ-04-006)
PAGE 1 OF 14
1.
There has been compliance with all notice and hearing requirements set forth in
Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1.
2.
The City Council takes judicial notice of its zoning, subdivision and development
ordinances codified at Titles II and 12, Meridian City Code, and all current zoning maps thereof,
and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002,
Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary.
3.
The property which is the subject of the application for rezone as described in the
application, is approximately 16.1 acres in size and is located approximately Y:. a mile south of
Overland Road on the east side of S. Eagle Road, Meridian, Idaho, all within the Area of Impact
of the City of Meridian and the Meridian Urban Service Planning Area as defined in the Meridian
Comprehensive Plan.
4.
The owner of record of the subject property is Sutherland Farm, Inc, and they have
submitted notarized consent for the subject application. Applicant is Sutherland Farm, Inc.
5.
The property is presently zoned R-4, and consists of agricultural land and was part
of the previously approved Sutherland Farms project.
6.
The Applicant requests the property be zoned as R-8 (Medium Density
Residential).
7.
The Applicant proposes to develop the subject property in the following manner:
A residential neighborhood planned development.
8.
The Applicant requests zoning ofthe subject real property as R-8. The Meridian
Comprehensive Plan Generalized Land Use Map designates the subject property as Medium
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SUTHERLAND FARM SUBDIVISION NO.4
(RZ-04-006)
PAGE 2 OF 14
Density ResidentiallMixed-Use Community.
9.
There are no significant or scenic features, or no significant existing trees, of
major importance that affect the consideration of this application.
10.
Giving due consideration to the comments received ITom 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:
A.
Adopt the Recommendations of the Planning and Zoning Commission as follows:
1.
The existing Development Agreement shall be amended to include all
conditions of approval for the proposed plat and conditional use permit.
Adopt the report of the Ada County Highway District dated April 2, 2004 which
report lists site-specific requirements, conditions of approval and street
improvements, which are required.
B.
C.
Adopt the Recommendations ofthe Parks Department as follows:
D.
1.
Pathway and Trail Standards: The proposed pathway andlor trail shall meet
the standards as set forth in the August 2003 Comprehensive Parks and
Recreation System Plan, pgs. 3-2 and 3-3, sections B & C.
2.
Standard for City to assume Maintenance of a section of Pathway: The
pathway must connect ITom one major arterialto another, either an easement
or ownership deed must be granted before the city will assume the
maintenance of any section of pathway.
Adopt the Recommendations of the Central District Health Department as follows:
1.
This proposal can be approved for central sewage & central water after
written approval ITom appropriate entities is submitted.
2.
The Applicant's central sewage and central water plans must be submitted
to and approved by the Idaho Department of Health & Welfare, Division
of Environmental Quality.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SUTHERLAND FARM SUBDIVISION NO.4
(RZ-04-006)
PAGE 3 OF 14
E.
3.
Run-off is not to create a mosquito breeding problem.
4.
Stormwater shall be pretreated through a grassy swale prior to discharge to
the subsurface to prevent impact to groundwater and surface water quality.
5.
The Engineers and architects involved with the design of the subject
project shall obtain current best management practices for stormwater
disposal and design a stormwater management system that prevents
groundwater and surface water degradation.
Adopt the Recommendations of the Meridian Fire Department as follows:
1.
One and two family dwellings will require a fire flow of 1,000 gallons per
minute available for duration of 2 hours to service the entire project. Fire
hydrants shall be placed an average of 400' apart. International Fire Code
Appendix C.
2.
Final approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a. Fire hydrants shall have the 4 Y:," outlet face the main street or
parking lot aisle.
The fire hydrant shall not face a street which does not have addresses
on it.
Fire hydrant markers shall be provided per Public Works spec.
Locations with fire hydrants shall have the curb painted red 10' to
each side ofthe hydrant location.
Fire hydrants shall be placed on corners.
Fire hydrants shall not have any vertical obstructions to outlets within
10'.
b.
c.
d.
e.
f.
3.
All entrance and internal roads shall have a turning radius of28' inside and
48' outside radius.
4.
Provide a 20' wide Fire Lane for all internal and external roadways.
5.
Operational fire hydrants and temporary or permanent street signs are
required before combustible construction begins.
6.
To increase emergency access to the site a minimum of two points of access
will be required for any portion of the project, which serves more than 50
homes. The applieaF!t shall pro':ièe a stub street to the property to the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SUTHERLAND FARM SUBDIVISION NO. 4
(RZ-04-006)
PAGE 4 OF 14
F.
G.
H.
11.
7.
8.
9.
10.
(westieamlHorthIsEHità). The two entrances shall be separated by no less than
'l2 the diagonal measurement of the project. (Deleted second sentence per City
Council action at their June 15,2004 meeting.)
Building setbacks shall be per the Building Code for one and two story
construction.
The roadways shall be built to Ada County Highway Standards and shall have
a clear driving surface, available at all times, which is 20' wide. Streets with
less than a 29' street width shall have no parking. Streets with less than 33'
shall have parking only on one side.
Maintain a separation of 5' from the building to the dumpster enclosure.
Lot 43, Block 11, shall be posted "No Parking", fire lane, per the
International Fire Code.
Adopt the Recommendations of the Meridian Police Department as follows:
1.
To increase emergency access to the site, the applicant shall provide an
emergency access on Lot 41, Block 11. The Applicant has submitted a
revised plat/site plan to reflect this requirement.
Adopt the Recommendations of Sanitary Services as follows:
1.
SSC will not provide trash pick-up services utilizing the common driveways.
Prior to release of building permits for homes that take access from the
common driveways, the developer shall install a concrete pad at the end of
the common drive no more than five (5) feet behind the sidewalk. The pad
shall be of sufficient area to accommodate the receptacles of the residences
that take access ITom the common driveway. Receptacles shall be placed on
the concrete pad on collection day in a manner that does not cause a nuisance.
The Applicant shall also be required to comply with the corresponding Preliminary
Plat and Conditional Use Permit requirements, for Case No. PP-04-009 and CUP-04-
009.
It is found that the requested R-8 zoning designation is in accord with the
Comprehensive Plan's Future Land Use Map, which delineates the subject property as Medium
Density Residential. Medium density is defined as 3 to 8 dwelling units per acre. The proposed
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SUTHERLAND FARM SUBDIVISION NO.4
(RZ-04-006)
PAGE 5 OF 14
project has a gross density of 4.9 units per acre and net density of 6.5 units per acre. (Note: The
application states that the net density is 9.5 units per acre, but this calculation excludes all open
space).
12.
It is found that the proposed re-zone and accompanying development plans comply
with the requested zone and staff does not anticipate that the property will be rezoned in the future.
13.
It is found that the applicant has submitted development plans for a new plat and
Conditional Use Permit for the property. If the proposed CUP is granted, the plat will be allowed as
proposed.
14.
It is found that the City's Comprehensive Plan has provided the applicant with the
ability to request the R-8 zone for the subject property. The area was originally zoned R-4 with the
prior annexation. It is felt that an R-8 zone is more appropriate for the densities requested by the
applicant for this project.
15.
It is found that the proposed development is designed in a manner that will be
harmonious with and appropriate in appearance with the existing neighborhood and intended
character of the area. The proposed project is surrounded almost entirely by other phases of the same
subdivision.
16.
It is found that the requested rezone should not be disturbing to existing or future
neighboring uses. To the east and south are other residential phases of Sutherland Farms. To the
west are office lots and to the north, across the Ridenbaugh Canal, is Silvertone Subdivision.
17.
It is found that the proposed uses can be adequately served by all essential public
services and facilities. Drainage will be retained on site.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXATION AND ZONING SUTHERLAND FARM SUBDIVISION NO.4
(RZ-04-006)
PAGE 6 OF 14
18.
It is found that the requested uses will not create excessive additional requirements at
public costs for public facilities and services. Additionally, it is found that the proposed rezone
would not be detrimental to the economic welfare of the community.
19.
It is found that the proposed R-8 zoning designation of the property does not
inherently allow uses that will generate activities, processes, materials, equipment, and conditions
that are detrimental to the general welfare of the community.
20.
It is found that the proposed R -8 zoning will not interfere with general traffic patterns
on any public streets. Refer to the revised ACHD staff report for a full report on the traffic issues.
21.
It is found that there are no existing mature trees on the site. The applicant has
submitted an original boundaryltopo map that shows original tree cover and none are found on the
subject property.
22.
It is found that the proposed rezone would be in the best interest of the City. The
proposed R-8 zone is more in harmony with the character ofthe proposed subdivision.
23.
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. 10 and all sub-parts, the
economic welfare of the City and its residents and tax and rate payers will be protected, a
condition of annexation and zoning designation.
24.
It is also found that the development considerations as referenced in Finding No.
1 0 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SUTHERLAND FARM SUBDIVISION NO.4
(RZ-04-006)
PAGE 7 OF 14
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.
CONCLUSIONS OF LAW
1.
The City of Meridian has authority to annex real property upon written request for
annexation and the real property being contiguous or adjacent to city boundaries and that said
property lies within the area of city impact as provided by Idaho Code Section 50-222. The
Meridian City Code § 11-16 provides the City may annex real property that is within the
Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan.
2.
The Council may take judicial notice of government ordinances, and policies, and
of actual conditions existing within the City and State.
3.
The City of Meridian has exercised its authority and responsibility as provided by
"Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the
adoption of the Amended Comprehensive Plan City of Meridian adopted August 6, 2002,
Resolution No. 02-382.
4.
The zoning of (R-8) Medium Density Residential District is defined in the Zoning
Ordinance at § 11-7-2 D as follows:
(R-8) Medium Density Residential District: The purpose ofthe 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXATION AND ZONING SUTHERLAND FARM SUBDIVISION NO.4
(RZ-04-006)
PAGE 8 OF 14
systems of the City is required.
5.
Since the annexation and zoning of land is a legislative function, the City has
authority to place conditions upon the annexation ofland. See Burt vs. The Citv ofIdaho Falls, 105
Idaho 65, 665 P2d 1075 (1983).
6.
The development of the annexed land, if annexed, shall meet and comply with the
Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to
development time schedules and requirements; Section 12-4-13, which pertains to the piping of
ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and
Subdivision and Development Ordinance of the City of Meridian.
7.
Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner
and/or developer shall enter into a Development Agreement, if required by the City.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does
Order:
1.
The applicant's request for annexation and zoning of approximately 16.1 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 16.1 acres. The legal description
shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall conform
to all the provisions of the City of Meridian Resolution No. 158. The legal description for
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SUTHERLAND FARM SUBDIVISION NO.4
(RZ-04-006)
PAGE9 OF 14
annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686.
3.
Developer shall be required to meet the conditions set forth and in the event the
conditions herein are not met by the Developer that the property shall be subject to de-annexation,
with the City of Meridian, which provides for the following conditions of development, to-wit:
A. Adopt the Recommendations of the Planning and Zoning Commission as follows:
I. The existing Development Agreement shall be amended to include all conditions of
approval for the proposed plat and conditional use permit.
B. Adopt the report of the Ada County Highway District dated April 2, 2004 which report
lists site-specific requirements, conditions of approval and street improvements, which
are required.
C. Adopt the Recommendations of the Parks Department as follows:
I. Pathway and Trail Standards: The proposed pathway and/or trail shall meet the
standards as set forth in the August 2003 Comprehensive Parks and Recreation
System Plan, pgs. 3-2 and 3-3, sections B & C.
2. Standard for City to assume Maintenance of a section of Pathway: The pathway must
connect from one major arterial to another, either an easement or ownership deed
must be granted before the city will assume the maintenance of any section of
pathway.
D. Adopt the Recommendations of the Central District Health Department as follows:
I. This proposal can be approved for central sewage & central water after written
approval ITom appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of
Environmental Quality.
3. Run-off is not to create a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SUTHERLAND FARM SUBDIVISION NO. 4
(RZ-04-006)
PAGE 10 OF 14
S. The Engineers and architects involved with the design of the subject project shall
obtain current best management practices for stormwater disposal and design a
stormwater management system that prevents groundwater and surface water
degradation.
E. Adopt the Recommendations of the Meridian Fire Department as follows:
I. One and two family dwellings will require a fire flow of 1,000 gallons per minute
available for duration of 2 hours to service the entire project. Fire hydrants shall be
placed an average of 400' apart. International Fire Code Appendix C.
2. Final approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire hydrants shall have the 4 y," outlet face the main street or parking lot aisle.
b. The fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each side of
the hydrant location.
e. Fire hydrants shall be placed on corners.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
3. All entrance and internal roads shall have a turning radius of 28' inside and 48'
outside radius.
4. Provide a 20' wide Fire Lane for all internal and external roadways.
5. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
6. To increase emergency access to the site a minimum of two points of access will be
required for any portion of the project, which serves more than 50 homes. +He
applieant shall pro'lièe a stuB street to the pmperty to tile (west'east/northlsouth).
The two entrances shall be separated by no less than y, the diagonal measurement of
the project. (Deleted second sentence per City Council action at their June 15, 2004
meeting.)
7. Building setbacks shall be per the Building Code for one and two story construction.
8. The roadways shall be built to Ada County Highway Standards and shall have a clear
driving surface, available at all times, which is 20' wide. Streets with less than a 29'
street width shall have no parking. Streets with less than 33' shall have parking only
on one side.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SUTHERLAND FARM SUBDIVISION NO.4
(RZ-04-006)
PAGE 11 OF 14
9. Maintain a separation of 5' from the building to the dumpster enclosure.
10. Lot 43, Block 11, shall be posted "No Parking", fife lane, per the International Fire
Code.
F. Adopt the Recommendations of the Meridian Police Department as follows:
I. To increase emergency access to the site, the applicant shall provide an emergency
access on Lot 41, Block II. The Applicant has submitted a revised plat/site plan to
reflect this requirement.
G. Adopt the Recommendations of Sanitary Services as follows:
I. SSC will not provide trash pick-up services utilizing the common driveways. Prior to
release of building permits for homes that take access ITom the common driveways,
the developer shall install a concrete pad at the end of the common drive no more
than five (5) feet behind the sidewalk. The pad shall be of sufficient area to
accommodate the receptacles of the residences that take access ITom the common
driveway. Receptacles shall be placed on the concrete pad on collection day in a
manner that does not cause a nuisance.
H. The Applicant shall also be required to comply with the corresponding Preliminary Plat
and Conditional Use Permit requirements, for Case No. PP-04-009 and CUP-04-009.
4.
The City Attorney shall prepare for consideration by the City Council the appropriate
ordinance for the annexation and zoning designation ofthe real property which is the subject ofthe
application to (R-8) Medium Density Residential District, and Meridian City Code § 11-7-2.
5.
Subsequent to the passage ofthe Ordinance provided for in section 4 ofthis Order the
engineering staff of the Public Works Department shall prepare the appropriate mapping changes of
the official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance
with the provisions of the annexation and zoning ordinance.
NOTICE OF FINAL ACTION
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXA nON AND ZONING SUTHERLAND FARM SUBDIVISION NO.4
(RZ-04-006)
PAGE 12 OF 14
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the
City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review may be filed.
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 being a person who has an interest in real
property which may be adversely affected by this decision may, within twenty-eight (28) days after
the date of this decision and order, seek ajudicial review as provided by Chapter 52, Title 67, Idaho
Code.
By action of the City Council at its regular meeting held on the
61'£ day of
J~
,2004.
ROLL CALL
COUNCILMAN SHAUN WARDLE
VOTED~
COUNCILMAN BILL NARY
VOTED ~t:L-
COUNCILMAN CHARLIE ROUNTREE
VOTED /16,f?d
COUNCILMAN KEITH BIRD
VOTED ~tL-
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SUTHERLAND FARM SUBDIVISION NO.4
(RZ-04-006)
PAGE 13 OF 14
MAYOR TAMMY de WEERD (TIE BREAKER)
DATED: 7-6 -&4--
VOTED -
MOTION:
APPROVED:î DISAPPROVED:-
Attest:
BY:~
City Clerk
f\1\!WY\-
Dated: 1- <? 04
Z:\WorklM\MeridianlMeridian 15360MlSutheriand Farm Subdivision No.4 RZ-O4'{)O6 PP'{)4-009 CUP-O4'{)O9\RZFfO&Order.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SUTHERLAND FARM SUBDIVISION NO.4
(RZ-04-006)
PAGE 14 OF 14