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HomeMy WebLinkAboutSutherland Farm AZ-02-004 BEFORE THE MERIDIAN CITY COUNCIL C/C 07-16-02 IN THE MATTER OF THE ) APPLICATION OF SUTHERLAND ) FARM, INC., THE APPLICATION ) FOR ANNEXATION AND ZONING ) OF 127.74 ACRES FOR PROPOSED ) SUTHERLAND FARM, LOCATED ) A 1/2 MILE SOUTH OF ) OVERLAND ROAD ON THE EAST ) SIDE OF EAGLE ROAD, ) MERIDIAN, IDAHO ) Case No. AZ-02-004 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 July 16, 2002, at the hour of 6:30 p.m., and Shari Stiles, Planning and Zoning Administrator, Gary Lee, Cassie Shelton, David Barclay, Pat Maley, Rodney Reyes, Amber Reyes, Joyce Roundy, Caroline Ranke, Tom Kuntz, and Gary Smith, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. There has been compliance with all notice and hearing requirements set forth in Idaho Code SS 67-6509 and 67-6511, and Meridian City Code SS 11-15-5 and 11-16-1. 2. The City Council takes judicial notice of its zoning, subdivision and development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21,1993, Ordinance No. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) 629, January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. 3. The property which is the subject ofthe application for annexation and zoning is described in the application, and is approximately 127.74 acres in size, is located a 1/2 mile south of Overland Road on the east side of Eagle Road, all within the Area of Impact ofthe City of Meridian and the Meridian Urban Service Planning Area. 4. The owner of record ofthe subject property is Sutherland Farm, Inc., and the applicant is Sutherland Farm, Inc., of San Mateo, California. 5. The property is presently zoned by Ada County as RUT and R-l, and consists of vacant land. 6. The Applicant requests the property be zoned as R-4 for the property south of the Ridenbaugh Canal and CoG to the north ofthe Ridenbaugh Canal, with the intent to develop 308 building lots consisting of260 single family detached lots, 32 single-family attached lots, 11 office/multiple family lots, and five commercial lots, and 30 other lots consisting of a 4-acre park/pond, a 30' wide pathway adjacent to the Canal, alleys, an irrigation lot, tot lots, and landscaping lots, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Residential and Single-Family Residential. 7. The subject property is bordered to the north and west by property within the City limits zoned R-4 and C-C and CoG, and to the east and south by Ada County property zoned RUT, R-l and R-4. 8. The Ridenbaugh Canal is a significant feature of major importance that affects the consideration ofthis application. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) 9. The City Council recognizes the concerns of neighbors which were expressed at the Planning and Zoning meeting, and in their petition and/or letter dated January 26,2002, and May 11, 2002, of Lee Coulson, of Dr. and Mrs. Scott H. Pressman dated May 11, 2002, of Mr. and Mrs. Loren E. Hornbaker received April 3, 2002, and of Carolyn Reinke dated July 5, 2002. 10. Giving due consideration to the comments 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: 1. Essential City services are available to the subject property. 2. Remove any existing domestic wells and/or septic systems within this project from their domestic service per City Ordinance Section 5-7-517. Wells maybe used for non- domestic purposes such as landscape irrigation. 3. A development agreement shall be required as part of this annexation request. Adopt the Recommendations of the ACHD as follows: 1. Dedicate 48-feet of right-of-way from the centerline of Eagle Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. 2. Dedicate 48-feet of right-of-way from the centerline of Victory Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. 3. Construct a 5-foot wide detached concrete sidewalk on Eagle Road located 2-feet within the new right-of-way. Coordinate the location and elevation ofthe sidewalk with District staff. If the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) 4. Construct a 5-foot wide detached concrete sidewalk on Victory Road located 2-feet within the new right-of-way. Coordinate the location and elevation ofthe sidewalk with District staff. Ifthe sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. 5. Construct a center turn lane on Eagle Road for the East Easy Jet Drive intersection or road trust for the improvements, whichever should occur first. The turn lane shall be constructed to provide a minimum of 100- feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 6. Construct a center turn lane on Eagle Road or road trust for the improvements, whichever should occur first for the proposed shared driveway located on Eagle Road approximately 300-feet south of the north property line. The turn lane shall be constructed to provide a minimum of 100- feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 7. Construct a center turn lane on Eagle Road for the East Copper Point Way intersection or road trust for the improvements, whichever should occur first. The turn lane shall be constructed to provide a minimum of 100- feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 8. Construct a shared-driveway on Eagle Road for Lot 3, Block 2 and Lot 4, Block 2, as proposed. This proposed shared-driveway is located on Eagle Road approximately 300- feet south of the north property line. This proposed driveway meets District policy and is approved with this application. 9. Pave the driveway on Eagle Road that serves Lot 3, Block 2 and Lot 4, Block 2 its full width of30 to 35-feet and at least 30-feet into the site beyond the edge of pavement of Eagle Road and install pavement tapers with 15- foot radii abutting the existing roadway edge. 10. Construct two main entrances to the subdivision, as proposed. The proposed main entrance locations meet current District policy and are approved with this application. a. East Easy Jet Drive is proposed to be located on Eagle Road approximately 850- feet south of the north property line and is proposed to align with Easy Jet Drive. East Easy Jet Drive shall be designed with 21-foot street sections on either side of a center median. The median shall be constructed a minimum of 4-feet wide (maximum 12-feet wide) to total a minimum ofa 100-square foot area. The applicant will be required to dedicate 54-feet of right-of-way plus the additional width of the median. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) b. South Bay Star Way is proposed to be located on Victory Road approximately 800-feet east of Eagle Road. South Bay Star Way shall be designed with 21-foot street sections on either side of a center median. The median shall be constructed a minimum of 4-feet wide (maximum 12-feet wide) to total a minimum ofa 100- square foot area. The applicant will be required to dedicate 54-feet of right- of- way plus the additional width of the median. c. Construct Easy Jet Drive west of South Nephrite Way as a commercial/industrial roadway, as proposed. The roadway shall be constructed as a 40- foot street section with curb, gutter, 5-foot wide concrete sidewalk within 54-feet of right- of- way. 11. Designated Easy Jet Drive between South Nephrite Way and South Proud Way as a residential collector street with no front-on housing. This roadway shall be constructed as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks with access restrictions stated on the final plat. Unless otherwise noted, parking shall be prohibited on these street segments. Coordinate the signage plan with District staff. 12. Construct a commercial/industrial roadway that intersects East Copper Point Way approximately 150-feet east of South Cobblestone Way, as proposed. This commercial / industrial roadway meets District policy and is approved with this application. The roadway shall be constructed as a 40-foot street section with curb, gutter, 5-foot wide concrete sidewalk within 54-feet of right-of-way. 13. Construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet of right-of-way, as proposed. 14. Extend Hollandale Street, an existing stub street into the site at the east property line that is a part of the Muir Woods Subdivision, as proposed. Construct Hollandale Street as a stub street with temporary bollards. A sign shall be placed on the bollards that states, "this road will become an open connection when a public road to Overland Road is constructed." 15. Extend Knapp Drive, an existing stub street, into the site at the south property line, as proposed. Construct Knapp Drive as a stub street with temporary bollards. A sign shall be placed on the bollards that states, "this road will become an open connection when a public road to Overland Road is constructed." 16. Construct five stub streets, as proposed. . The first stub street, South Pond Way, is proposed to stub to the south property line approximately 1900-feet east of Eagle Road. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) . The second stub street, South Mueyah Way, is proposed to stub to the south property line approximately 500-feet east of Eagle Road. . The third stub street, East Publisher Street, is proposed to stub to the west property line approximately 730-feet north of Victory Road. . The fourth stub street, North Knapp A venue is proposed to stub to the north property line approximately 1,000-feet ofthe east property line. This stub street is proposed to cross the Ridenbaugh Canal. . The fifth stub street, East Copper Point Way is proposed to remain as a stub at the north property line approximately 1,250-feet west of the east property line. 17. Provide a paved temporary turnaround at the end of South Mureyah Way with a temporary easement provided to the District and install a sign at the terminus ofthe roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street, and the design of the turnaround with District staff. 18. Submit preliminary drawings for the cost of constructing the bridge from Sutherland Farms to the North property line. The applicant shall road trust for one half of the total cost of the plans, material and labor to construct the bridge. The road trust or the construction of the bridge shall be phased according to final platting and traffic warrants. 19. Construct North Knapp Avenue as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks. The applicant shall be designated this roadway as a residential collector street with no front-on housing with access restrictions for these street segments stated on the final plat. Unless otherwise noted, parking shall be prohibited on these street segments. Coordinate the signage plan with District staff. 20. Construct an alley located on South Nephrite Way north of East Rolfe Street, as proposed. The alley shall have a minimum of 16-feet ofright~of-way and shall be improved by paving the full width and length of the right-of-way. Dedication of clear title to the right-of-way, improvement of the alley, and acceptance ofthe improvement by the District as meeting its construction standards are required for all alleys contained in a proposed development. 21. Construct ACHD approved turnarounds at the end of East Shergar Court, East Moner Court, East Spur Court, South Halo Place, East Hillis Court, East Legal Place and the unnamed cul-de-sac roadway that extends south from East Copper Point Way. Submit a design of the turnaround for review and approval by District staff. 22. The residential turnarounds shall be constructed to provide a minimum turning radius of 45-feet and the commercial turnarounds shall be constructed to provide a minimum FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) turning radius of 55-feet. The applicant shall also be required to provide a minimum of a 29-foot street section on either side of any proposed center islands within the turnarounds. The medians shall be constructed a minimum of 4-feet wide to total a minimum of a 100- square foot area. Dedicate 54-feet of right-of-way plus the additional width of the median. 23. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and rnaintained by a homeowners association. Notes of this shall be required on the final plat. 24. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction ofthe proposed development. 25. Any existing irrigation facilities shall be relocated outside ofthe right-of-way. 26. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 27. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 28. Other than the access points specifically approved with this application, direct lot or parcel access to Eagle Road and Victory Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 29. Comply with all the Standard Requirements listed within the ACHD report with the date of the ACHD Commission Date - May 8,2002. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow consistent with Appendix III-A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 5. All internal & external roads shall have a radius of28' inside and 48' outside radius. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 7. The roadways shall be built to Ada County Highway Standards. 8. The proposed buildings & uses shall comply with the 1997 Uniform Fire Code. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. If a pressure urban irrigation system will be owned, operated and maintained by the District, contact the District pertaining to the installation ofthe pressure urban system. 2. Fill out questionnaire and return to the District to initiate the process of contractual agreements between the owner or developer and the District for the ownership, operation and maintenance of the pressure urban irrigation system. Adopt the Recommendations ofthe Parks and Recreation Department as follows: I. The neighborhood park located in Block 1, Lot 54 shall be far more functional and appealing as a subdivision amenity ifthe seven lots in the southeast corner were eliminated. Four ofthe seven lots have been deleted, and therefore, to allow for the 5- acre park, the three remaining lots in the southeast corner shall need to be deleted. This would expand the visibility corridor and increase the park size to approximately 5 acres. The Parks Department has a 5-acre minimum for a city owned Neighborhood Park. Ifthe maintenance costs for the 5-acre private park were a burden for the homeowners in the future, the Parks Department would consider maintaining the site if it was deeded to the City. 2. The Pathway shall be constructed as follows: a. Ten-foot-wide hard surface with ground sterilent, 6 inch compacted road mix, and 2 inches of asphalt ( specs available). b. Path shall be located at the base ofthe Ridenbaugh Canal bank or adjacent to the canal maintenance road. c. A 6-foot-high medal fence shall be installed between the path and the canal. d. The path shall be a minimum of 10feet from the back property lines. e. The property line fencing adjacent to the path shall be see through or a maximum of 4-feet-high, if solid. f. Bollards, garbage cans, and benches shall be installed per park department standards. Adopt the action of the City Council taken at their July 16, 2002 meeting as follows: 1. The applicant shall restrict the building of homes on Lots 12, 13 and 14 of Block 9 and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) Lots 5 and 6 of Block 9, and Block 15, Lots 12, 13 and 19, and Block 16, Lots 1,5,6,7, 8,9, 10 and 11, not to exceed a peak height of25' orless. 2. The Memorandum of Understanding, dated June 13, 2002, between the developer, Sutherland Farm, Inc. for Sutherland Farm Subdivision, and Mr. Gale Sasser, pertaining to the design elements for the interface between the two properties to ensure compatibility, shall be complied with by Sutherland Farm, Inc. as agreed upon between the two parties. 3. An 8 foot cedar fence shall be built along the entire length of the western and northern property boundaries. 4. Landscaping shall be extensive with a mixture of evergreen and deciduous trees and agreed upon between the applicant and adjacent property owners. 5. The applicant shall increase the rear setback of30 feet for Lots 2, 3, 4, 5, 6, 7, and 8 of Block 9. 6. The proposed bridge over the Ridenbaugh Canal shall require bonding by ACHD for construction of the bridge prior to signature on the final plat. ACHD shall determine a Letter of Credit amount that the applicant shall post to pay their portion of the construction of the bridge. 7. The site which lies west of the residential area, and the commercial general use area to the north, shall require conditional use permits. 8. Applicant shall install water along their frontage, and when the water is extended from Eagle Road through the development, the water shall be used for future phases, and shall be positioned along the public road that is planned for and when the first phase along Victory Road. The water shall be available to anyone adjacent to it on either end. 9. A Latecomers Fee for sewer service through the Silverstone Subdivision is required, and if required, a Well Development Latecomers Fee shall be entered into. 10. Applicant shall provide temporary turnarounds for the designated stub streets which are over 150 feet in length. 11. Applicant has only submitted a conceptual plan on the office uses to date, at a later time applicant shall submit a detailed CUP for the planned development for the office uses. However, the commercial uses north ofthe Ridenbaugh Canal are not proposed to be part ofthe PD and shall be zoned separately. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) 11. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 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. 12. It is also found that the development considerations as referenced in Finding No. 10 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character ofthe general vicinity, in order to assure that the proposed use will not change the essential character ofthe affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 13. It is found that the zoning ofthe subject real property as General Retail and Service Commercial (C-G) and Low Density Residential District (R-4) requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Residential. 14. The subject annexation request and zoning designation and proposed development relates to and is compatible with the goals and policies ofthe Comprehensive Plan of the City as follows: Goals Section Goal 4: To provide housing opportunities for all economic groups within the community. Goal 8: To establish compatible and efficient use of land through the use of innovative and functional site design. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) Goal 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. Goal 9: To encourage a balance of land use patterns to insure that revenues pay for services. Economic Development 1.1 The City of Meridian shall make every effort to create a positive atmosphere that encourages.. .commercial enterprises to locate in Meridian. 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. 1.5 Strip industrial and commercial uses are not in compliance with the Comprehensive Plan. 3.1 U - Approve quality housing projects that meet the needs of all economic levels. 3.2U - Encourage efforts to develop and maintain quality neighborhoods and housing. . . Land Use 1. IOU Promote the design of attractive roadway entryway areas into Meridian which will clearly identify the community. 2.1 U - Support a variety of residential categories for the purpose of providing the City with a range of affordable housing opportunities. 2.4U - Encourage sidewalks and paved streets for all existing neighborhoods... 3.7 Industrial uses which require the storage or the production of explosive or hazardous materials should not be located near residential areas, and should conform to disposal, spill and storage measures as outlined by the U.S. EP A. 4.3U Encourage new commercial development in under-utilized existing commercial areas. 5.9 The integrity and identity of any adjoining residential neighborhood should be preserved through the use of buffering techniques, including screen plantings, open space and other landscaping techniques. 5.12 Strip development within this mixed-use area is not in compliance with the goals and policies of the Comprehensive Plan. 5.13 Clustering of uses and controlled access points along arterials and collector streets will be required. 5.14 Because these areas are near I-84 and Franklin Roads, high-quality visual appearance is essential. All development proposals in this area will be subj ect to development review guidelines and conditional use permitting procedures. Natural Resource & Hazardous Areas 2.1 U Development along major drainage ways will be restricted to ensure that development does not cause additional ground or surface water contamination. 3.1U Manage and prevent unsuitable uses along drainage ways and protect the flood plain of creeks and drains. 3.2U Protect the potential beauty and recreational trail opportunities of all Meridian waterways. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) Community Design 1.3 Open space areas within all development should be encouraged. 1.4 Major entrances to the City should be enhanced and emphasized. Unattractive land uses along these entrances should be screened from view. 2.1 U Require businesses and government to install and maintain landscaping. 2.3U Encourage the beautification of streets, parking lots. . .etc. 6.2U - Pedestrian access connectors will be required in all new development to link subdivisions together to promote neighborhood identity. 6.11 U - Promote well-planned and well-designed affordable housing in all Meridian neighborhoods. Transportation Chapter 1.19U - Encourage proper design of residential neighborhoods to ensure their safety and tranquility. 1.14 - Design and performance standards should be applied to infilling development in order to reduce adverse impacts upon existing adjacent development. 1.18 - As Planned Development methods and standards are implemented by the City of Meridian, variations pertaining to planned development - maximum density, dimensional standards, and other requirements - shall not exceed 25% of the existing requirements, and shall be recommended when one or more of the Planned Development design and developmental objectives are met. 15. It is found that the requested zoning designations, R -4 to the south of the Ridenbaugh Canal and CoG to the north of the Ridenbaugh Canal, is harmonious with and in accordance with the adopted Comprehensive Plan and Generalized Land Use Map, which designates the land to be Mixed Residential and Single Family Residential. Although, the Schedule of Use Control (MCCll-8-l) states that only detached single-family dwellings are permitted within the R-4 zone, the Planned Development Ordinance allows a mixture of different housing types, (townhouses, duplexes and detached single-family dwellings) within a single planned development, regardless of the underlying zone, so long as the overall density of the underlying zone is not exceeded (MCC12-6-4 A). Accordingly, the overall density of the residential portion of the planned development is approximately three dwelling units per acre. 16. No plans to re-zone the property in the future have been presented, and it is not anticipated that an application for re-zone will be received in the future. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) 17. It is found that Sutherland Farm will be developed in a manner that will be allowed under the new zoning and according to the Planned Development Standards. 18. It is found that recent approval of the annexation and zoning of Silverstone II on the north side ofthe Ridenbaugh Canal would dictate that the adjacent property to the east should be similarly zoned and developed (as proposed). The Ridenbaugh Canal provides a natural buffer/separation between land uses. Muir Woods Subdivision to the east has provided a stub-street at the Sutherland Farm western property line in expectation of similar development. 19. It is found that general vicinityprovides a mix ofcommercial uses and standard to estate sized residential lots. The intended character of the vicinity, as noted on the Generalized Land Use Map, is for mixed housing projects, detached single-family lots and mixed uses north of the Ridenbaugh Canal. It is also found that the proposed uses can be designed and constructed in a manner that will be harmonious with and appropriate in appearance with the existing and intended character ofthe surrounding area. 20. It is not anticipated that the proposed uses will be hazardous or disturbing to future or existing neighbors. 21. It is found that the subject property will be served adequately by all essential public facilities and services, with the exception of water service. Computer modeling indicates that existing available fire flows and pressures will not be adequate to serve the Commercial/office/multi-family area of the subdivision at present. The City of Meridian will be bringing a new supply well on line in the Silverstone project within the next six to eight months, and with the development of the Silverstone project, a new main will extend under the Ridenbaugh Canal. According to the computer model, once these two items are complete fire flows and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) pressures will be adequate to serve the higher demands of the above mentioned areas. 22. It is found that there will not be additional requirements at public cost and that the annexation and zoning will not be detrimental to the community's economic welfare. 23. It is found that the proposed uses will create additional traffic on both Eagle and Victory Roads; however, sit is not believed that the increase in traffic will be excessive. It is also not anticipated that the proposed development will generate traffic, noise, smoke, odors or other nuisances that would be detrimental to the general welfare of the surrounding area. 24. It is found that the proposed vehicular approach on Eagle Road aligns with the existing entry into Thousand Springs Subdivision, and should not appreciably interfere with traffic on the surrounding streets. The other major access (Victory) and stub-streets provided for within the plat do not appear to be designed in a manner that would create interference with traffic on surrounding streets. The Applicant has provided a number of stub-streets to other properties for interconnectivity in the future. 25. It is found that no natural or scenic features of major importance will be lost or damaged by approval of this annexation request. The overall design of the subject property includes a pathway adjacent to the Ridenbaugh Canal. 26. It is found that the annexation of this property would be in the best interest ofthe City by providing a variety of housing types, the addition of employment opportunities and the creation of additional recreation facilities (pathways and a subdivision park). 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) property lies within the area of city impact as provided by Idaho Code. Section 50-222. The Meridian City Code S 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Comprehensive Plan City of Meridian adopted December 21,1993, Ord. No. 629, January 4, 1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: Goals Section Goal 4: To provide housing opportunities for all economic groups within the community. Goal 8: To establish compatible and efficient use of land through the use of innovative and functional site design. Goal 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. Goal 9: To encourage a balance of land use patterns to insure that revenues pay for services. Economic Development 1.1 The City of Meridian shall make every effort to create a positive atmosphere that encourages.. . commercial enterprises to locate in Meridian. 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. 1.5 Strip industrial and commercial uses are not in compliance with the Comprehensive Plan. 3.1 U - Approve quality housing projects that meet the needs of all economic levels. 3 .2U - Encourage efforts to develop and maintain quality neighborhoods and housing. . . Land Use 1. IOU Promote the design of attractive roadway entryway areas into Meridian which will clearly FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) identify the community. 2.1 U - Support a variety of residential categories for the purpose of providing the City with a range of affordable housing opportunities. 2.4U - Encourage sidewalks and paved streets for all existing neighborhoods... 3.8 Industrial uses which require the storage or the production of explosive or hazardous materials should not be located near residential areas, and should conform to disposal, spill and storage measures as outlined by the u.s. EP A. 4.3U Encourage new commercial development in under-utilized existing commercial areas. 5.9 The integrity and identity of any adjoining residential neighborhood should be preserved through the use of buffering techniques, including screen plantings, open space and other landscaping techniques. 5.15 Strip development within this mixed-use area i s not in compliance with the goals and policies of the Comprehensive Plan. 5.16 Clustering of uses and controlled access points along arterials and collector streets will be required. 5.17 Because these areas are near 1-84 and Franklin Roads, high-quality visual appearance is essential. All development proposals in this area will be subject to development review guidelines and conditional use permitting procedures. Natural Resource & Hazardous Areas 2.1 U Development along major drainage ways will be restricted to ensure that development does not cause additional ground or surface water contamination. 3.1U Manage and prevent unsuitable uses along drainage ways and protect the flood plain of creeks and drains. 3.2U Protect the potential beauty and recreational trail opportunities of all Meridian waterways. Communitv Design 1.5 Open space areas within all development should be encouraged. 1.6 Major entrances to the City should be enhanced and emphasized. Unattractive land uses along these entrances should be screened from view. 2.1 U Require businesses and government to install and maintain landscaping. 2.3U Encourage the beautification of streets, parking lots. . .etc. 6.2U - Pedestrian access connectors will be required in all new development to link subdivisions together to promote neighborhood identity. 6.11 U - Promote well-planned and well-designed affordable housing in all Meridian neighborhoods. Transportation Chapter 1.19U - Encourage proper design of residential neighborhoods to ensure their safety and tranquility. 1.14 - Design and performance standards should be applied to infilling development in order to reduce adverse impacts upon existing adjacent development. 1.18 - As Planned Development methods and standards are implemented by the City of Meridian, variations pertaining to planned development - maximum density, dimensional standards, and other requirements - shall not exceed 25% of the existing requirements, and shall be recommended when one or more of the Planned Development design and developmental FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) objectives are met. 5. The zoning of Low Density Residential District (R -4) and General Retail and Service Commercial (C-G) are defined in the Zoning Ordinance at S 11-7-2 C and K as follows: (R-4) Low Density Residential District: Only single-family dwellings shall be permitted and no conditional uses shall be permitted except for planned residential development and public schools. The purpose ofthe R-4 District is to permit the establishment oflow density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible nonresidential uses. The R-4 District allows for a maximum offour (4) dwelling units per acre and requires connection to the Municipal water and sewer systems ofthe City. And COG General Retail And Service Commercial District: The purpose of the CoG District is to provide for commercial uses which are customarily operated entirely or ahnost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need oftravel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal water and sewer systems of the City, and shall not constitute strip commercial development and encourage clustering of commercial development. 6. 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 City ofIdaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 7. The development of the annexed land, if annexed, shall meet and comply with the Ordinances ofthe City of Meridian including, but not limited to: Section 12-2-4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance of the City of Meridian. 8. Pursuant to Section 11-16-4 A ofthe Zoning and Development Ordinance the owner FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) and/or developer shall enter into a Development Agreement, if such is required by the City. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 127.74 acres to Low Density Residential District (R-4) and General Retail and Service Commercial (C-G) is granted subj ect to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 127.74 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 annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to met the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subj ect to de- annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Essential City services are available to the subject property. 2. Remove any existing domestic wells and/or septic systems within this project from their domestic service per City Ordinance Section 5 7 517. Wells may be used for non- domestic purposes such as landscape irrigation. 3. A development agreement shall be required as part ofthis annexation request. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) Adopt the Recommendations of the ACHD as follows: I. Dedicate 48- feet of right-of-way from the centerline of Eagle Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. 2. Dedicate 48-feet of right-of-way from the centerline of Victory Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. 3. Construct a 5-foot wide detached concrete sidewalk on Eagle Road located 2-feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. 4. Construct a 5-foot wide detached concrete sidewalk on Victory Road located 2-feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. 5. Construct a center turn lane on Eagle Road for the East Easy Jet Drive intersection or road trust for the improvements, whichever should occur fIrst. The turn lane shall be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 6. Construct a center turn lane on Eagle Road or road trust for the improvements, whichever should occur first for the proposed shared driveway located on Eagle Road approximately 300-feet south of the north property line. The turn lane shall be constructed to provide a minimum of 100- feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 7. Construct a center turn lane on Eagle Road for the East Copper Point Way intersection or road trust for the improvements, whichever should occur first. The turn lane shall be constructed to provide a minimum of 100- feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design ofthe turn lane with District staff. 8. Construct a shared-driveway on Eagle Road for Lot 3, Block 2 and Lot 4, Block 2, as proposed. This proposed shared-driveway is located on Eagle Road approximately 300- FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) feet south of the north property line. This proposed driveway meets District policy and is approved with this application. 9. Pave the driveway on Eagle Road that serves Lot 3, Block 2 and Lot 4, Block 2 its full width of30 to 35-feet and at least 30-feet into the site beyond the edge of pavement of Eagle Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. 10. Construct two main entrances to the subdivision, as proposed. The proposed main entrance locations meet current District policy and are approved with this application. a. East Easy Jet Drive is proposed to be located on Eagle Road approximately 850- feet south of the north property line and is proposed to align with Easy Jet Drive. East Easy Jet Drive shall be designed with 2l-foot street sections on either side of a center median. The median shall be constructed a minimum of 4-feet wide (maximum l2-feet wide) to total a minimum ofa 100-square foot area. The applicant will be required to dedicate 54-feet of right-of-way plus the additional width of the median. b. South Bay Star Way is proposed to be located on Victory Road approximately 800-feet east of Eagle Road. South Bay Star Way shall be designed with 2l-foot street sections on either side of a center median. The median shall be constructed a minimum of 4-feet wide (maximum l2-feet wide) to total a minimum ofa 100- square foot area. The applicant will be required to dedicate 54-feet of right- of- way plus the additional width of the median. c. Construct Easy Jet Drive west of South Nephrite Way as a commercial/industrial roadway, as proposed. The roadway shall be constructed as a 40- foot street section with curb, gutter, 5-foot wide concrete sidewalk within 54-feet of right- of- way. 11. Designated Easy Jet Drive between South Nephrite Way and South Proud Way as a residential collector street with no front-on housing. This roadway shall be constructed as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks with access restrictions stated on the final plat. Unless otherwise noted, parking shall be prohibited on these street segments. Coordinate the signage plan with District staff. 12. Construct a commercial/industrial roadway that intersects East Copper Point Way approximately 1 50-feet east of South Cobblestone Way, as proposed. This commercial / industrial roadway meets District policy and is approved with this application. The roadway shall be constructed as a 40-foot street section with curb, gutter, 5-foot wide concrete sidewalk within 54-feet of right-of-way. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) 13. Construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet of right-of-way, as proposed. 14. Extend Hollandale Street, an existing stub street into the site at the east property line that is a part ofthe Muir Woods Subdivision, as proposed. Construct Hollandale Street as a stub street with temporary bollards. A sign shall be placed on the bollards that states, "this road will become an open connection when a public road to Overland Road is constructed. " 15. Extend Knapp Drive, an existing stub street, into the site at the south property line, as proposed. Construct Knapp Drive as a stub street with temporary bollards. A sign shall be placed on the bollards that states, "this road will become an open connection when a public road to Overland Road is constructed." 16. Construct five stub streets, as proposed. . The first stub street, South Pond Way, is proposed to stub to the south property line approximately 1900- feet east of Eagle Road. . The second stub street, South Mueyah Way, is proposed to stub to the south property line approximately 500-feet east of Eagle Road. . The third stub street, East Publisher Street, is proposed to stub to the west property line approximately 730- feet north of Victory Road. . The fourth stub street, North Knapp Avenue is proposed to stub to the north property line approximately 1,000-feet of the east property line. This stub street is proposed to cross the Ridenbaugh Canal. . The fifth stub street, East Copper Point Way is proposed to remain as a stub at the north property line approximately 1,250-feet west of the east property line. 17. Provide a paved temporary turnaround at the end of South Mureyah Way with a temporary easement provided to the District and install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street, and the design of the turnaround with District staff. 18. Submit preliminary drawings for the cost of constructing the bridge from Sutherland Farms to the North property line. The applicant shall road trust for one half ofthe total cost of the plans, material and labor to construct the bridge. The road trust or the construction of the bridge shall be phased according to final platting and traffic warrants. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) 19. Construct North Knapp Avenue as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks. The applicant shall be designated this roadway as a residential collector street with no front-on housing with access restrictions for these street segments stated on the final plat. Unless otherwise noted, parking shall be prohibited on these street segments. Coordinate the signage plan with District staff. 20. Construct an alley located on South Nephrite Way north of East Rolfe Street, as proposed. The alley shall have a minimum of l6-feet of right-of-way and shall be improved by paving the full width and length ofthe right-of-way. Dedication of clear title to the right-of-way, improvement of the alley, and acceptance of the improvement by the District as meeting its construction standards are required for all alleys contained in a proposed development. 21. Construct ACHD approved turnarounds at the end of East Shergar Court, East Moner Court, East Spur Court, South Halo Place, East Hillis Court, East Legal Place and the unnamed cul-de-sac roadway that extends south from East Copper Point Way. Submit a design of the turnaround for review and approval by District staff. 22. The residential turnarounds shall be constructed to provide a minimum turning radius of 45-feet and the commercial turnarounds shall be constructed to provide a minimum turning radius of 55-feet. The applicant shall also be required to provide a minimum of a 29-foot street section on either side of any proposed center islands within the turnarounds. The medians shall be constructed a minimum of 4-feet wide to total a minimum of a 100- square foot area. Dedicate 54-feet of right-of-way plus the additional width of the median. 23. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 24. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. 25. Any existing irrigation facilities shall be relocated outside of the right-of-way. 26. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 27. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 28. Other than the access points specifically approved with this application, direct lot or parcel access to Eagle Road and Victory Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 22 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) 29. Comply with all the Standard Requirements listed within the ACHD report with the date of the ACHD Commission Date - May 8, 2002. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow consistent with Appendix III-A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 5. All internal & external roads shall have a radius of 28' inside and 48' outside radius. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 ofthe Uniform Fire Code. 7. The roadways shall be built to Ada County Highway Standards. 8. The proposed buildings & uses shall comply with the 1997 Uniform Fire Code. Adopt the Recommendations of the N ampa & Meridian Irrigation District as follows: 1. If a pressure urban irrigation system will be owned, operated and maintained by the District, contact the District pertaining to the installation of the pressure urban system. 2. Fill out questionnaire and return to the District to initiate the process of contractual agreements between the owner or developer and the District for the ownership, operation and maintenance of the pressure urban irrigation system. Adopt the Recommendations ofthe Parks and Recreation Department as follows: 1. The neighborhood park located in Block 1, Lot 54 shall be far more functional and appealing as a subdivision amenity if the seven lots in the southeast corner were eliminated. Four ofthe seven lots have been deleted, and therefore, to allow for the 5- acre park, the three remaining lots in the southeast corner shall need to be deleted. This would expand the visibility corridor and increase the park size to approximately 5 acres. The Parks Department has a 5-acre minimum for a city owned Neighborhood Park. If the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 23 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) maintenance costs for the 5-acre private park were a burden for the homeowners in the future, the Parks Department would consider maintaining the site if it was deeded to the City. 2. The Pathway shall be constructed as follows: a. Ten-foot-wide hard surface with ground sterilent, 6 inch compacted road mix, and 2 inches of asphalt (specs available). b. Path shall be located at the base ofthe Ridenbaugh Canal bank or adjacent to the canal maintenance road. c. A 6-foot-high medal fence shall be installed between the path and the canal. d. The path shall be a minimum of 10feet from the back property lines. e. The property line fencing adjacent to the path shall be see through or a maximum of 4-feet-high, if solid. f. Bollards, garbage cans, and benches shall be installed per park department standards. Adopt the action ofthe City Council taken at their July 16, 2002 meeting as follows: 1. The applicant shall restrict the building of homes on Lots 12, 13 and 14 of Block 9 and Lots 5 and 6 of Block 9, and Block 15, Lots 12, 13 and 19, and Block 16, Lots 1, 5,6,7, 8,9,10 and 11, not to exceed a peak height of25' or less. 2. The Memorandum of Understanding, dated June 13, 2002, between the developer, Sutherland Farm, Inc. for Sutherland Farm Subdivision, and Mr. Gale Sasser, pertaining to the design elements for the interface between the two properties to ensure compatibility, shall be complied with by Sutherland Farm, Inc. as agreed upon between the two parties. 3. An 8 foot cedar fence shall be built along the entire length of the western and northern property boundaries. 4. Landscaping shall be extensive with a mixture of evergreen and deciduous trees and agreed upon between the applicant and adjacent property owners. 5. The applicant shall increase the rear setback of30 feet for Lots 2, 3, 4,5,6,7, and 8 of Block 9. 6. The proposed bridge over the Ridenbaugh Canal shall require bonding by ACHD for construction ofthe bridge prior to signature on the final plat. ACHD shall determine a Letter of Credit amount that the applicant shall post to pay their portion of the construction ofthe bridge. 7. The site which lies west of the residential area, and the commercial general use area to the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 24 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) north, shall require conditional use permits. 8. Applicant shall install water along their frontage, and when the water is extended from Eagle Road through the development, the water shall be used for future phases, and shall be positioned along the public road that is planned for and when the first phase along Victory Road. The water shall be available to anyone adjacent to it on either end. 9. A Latecomers Fee for sewer service through the Silverstone Subdivision is required, and if required, a Well Development Latecomers Fee shall be entered into. 10. Applicant shall provide temporary turnarounds for the designated stub streets which are over 150 feet in length. 11. Applicant has only submitted a conceptual plan on the office uses to date, at a later time applicant shall submit a detailed CUP for the planned development for the office uses. However, the commercial uses north of the Ridenbaugh Canal are not proposed to be part ofthe PD and shall be zoned separately. 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 Low Density Residential District (R-4) and General Retail and Service Commercial District (C-G), and Meridian City Code ~ 11-7-2 C and K. 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 S 11-21-1 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. Pursuantto Idaho Code S 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek ajudicial review as FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 25 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 6 -IJ- day of /lu. ~r-l- v ,2002. ROLL CALL COUNCILMAN KEITH BIRD VOTED~tL- COUNCILWOMAN TAMMY deWEERD VOTED~"- COUNCILWOMAN CHERIE Mc CANDLESS VOTED~ COUNCILMAN WILLIAM L.M. NARY VOTED~- MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 8'-6 -f}2.- VOTED - MOTION: APPROVED~APPROVED' Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. ,,\\'''"''/JI111 \\\ t::M III "" _. Or flY!/' 111/ " ~, Vl // ,1_ ~~ ~ /'0 ~c,of\PDFi4~o""'1;\ B~~':-:/~ ted: /O-/~..-o4" ~ ~~ ~ ~n - ~ "Yu -. -;. Qij " ~ "':;.;'0 '1ST 181. .0 "" "/. "'Ie '/"/. 'O,I!_. Z:\Work\M\Meridian\Meridian 15360M\Sutherland Farm AZ-02-004 PP-02-004 CUP-02~005\AZFfCl&6W'er..doc FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 26 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004)