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HomeMy WebLinkAboutSutherland Farm Subdivision CUP-02-005BEFORE THE CITY COUNCIL OF THE-CITY OF MERIDIAN C/C 07/16/02 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR SUTHERLAND FARM SUBDIVISION IN A R-4 AND C-G ZONES, LOCATED A 1/2 MILE SOUTH OF OVERLAND ROAD ON THE EAST SIDE OF EAGLE ROAD, MERIDIAN, IDAHO SUTHERLAND FARM, INC., APPLICANT Case No. CUP-02-005 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on July 16, 2002 at the hour of 6:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, 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 and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for July 16, 2002, 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 the 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 July 16, 2002, public hearings; 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, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an R-U-T and R-1 zone and by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located a ½ mile south of Overland Road on the east side of Eagle Road, Meridian, Idaho. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 o The owner of record of the subject property is Sutherland Farm, Inc. Applicant is owner of record.. The subject property is currently zoned R-U-T and R-1 by Ada County. There is, however, an application for annexation and zoning to R-4 and C-G before the City Council which are defined within the City of Meridian Zoning and Development Ordinance, Section 11- 7-2. 8. The proposed application requests a conditional use permit for development of 308 building lots consisting of 260 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. The requested zoning designations within the City of Meridian Zoning and Development Ordinance require a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. Plan. The proposed application is in compliance with the Meridian Comprehensive 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The Meridian 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, and Maps FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 and the Ordinance establishing the Impact Area Boundary. 12. Concerns expressed in the annexation application shall also apply to this request. 13. 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 and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. All office or multiple-family housing uses proPosed within the development shall be required to apply for a conditional use permit for a planned development prior to construction. o No more than 101 building permits shall be issued within Sutherland Farm Subdivision until a secondary emergency vehicle access to Eagle Road is completed. E. Easy Jet Drive shall be fully improved (including curbs, gutter, sidewalks, landscaping, and irrigation prior) prior to the issuance of an occupancy permit for any building constructed within Phase five (5) of the subdivision. Additionally, all required improvements adjacent to Eagle Road shall be complete prior to occupancy of any building within Phase Five (5) of the subdivision. o All site improvements (landscaping and irrigation) for the four-acre park/pond area, and the pathway (Lot 75) connecting the park/pond area to Eagle Road shall be complete prior to the issuance of the 101 st occupancy permit within Sutherland Farm Subdivision. The applicant shall be required to maintain the pond in a manner that will prevent the water from becoming stagnant or public nuisance (a mosquito breeding ground). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 6. The remaining sections of the pathway (east of the 4-acre park/pond area) shall be developed in accordance with the phasing schedule for the subdivision. 7. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 8. No building permits shall be issued within the development until a final plat has been recorded for this subdivision. All requirements of the preliminary plat for A CHD, Meridian Fire Department, Central District Health, and Nampa & Meridian Irrigation District also apply to the Conditional Use Permit. Adopt and comply with the action of the City Council taken at their July 16, 2002 meeting as follows: 1. 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 of the PD and shall be zoned separately. 2. An 8 foot cedar fence shall be built along the entire length of the western and northern property boundaries. 14. It is found that the office/multiple-family housing uses are strongly related to the primary use of the development (R-4). The office uses will provide services (medical, dental, optical etc...) that will be complementary to the residents of the subdivision, and it will provide employment opportunities as well. It is also found that multiple-family housing adjacent to the higher density townhouses is appropriate within the overall development of this subdivision. The mixing of residential uses and commercial uses will encourage the office development to be constructed in a manner that will be pedestrian friendly. High-density housing will provide an immediate consumer base for the office development. 15. It is found that the townhouse and the office/multiple-family housing uses are approximately 15.5% of the total area of land included in the planned development. (32 townhouses * 4,271 sq. fi. average + 43,560) + (11 office lots * 59,155sq. ft. average + FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 43560) = 18.08 acres of land devoted to excepted uses. 18.08 acres of excepted uses + 116.6 gross area of planned development (in acres) * 100 = 15.5% of the planned development will be devoted to excepted uses. It is also found that the size and intensity of the excepted uses is appropriate for this location and size of development. 16. It is foUnd that the townhouse use is projected as part of the first phase of the development and that the office/multiple-family housing will be the final two phases. Staff finds that upon completion of the townhouses and detached single-family dwellings, the residents of the subdivision will desire services that can be provided by later phases of this development. 17. The uses permitted by the exception are integrated into the Overall project by: Finding that the office/multiple-family/townhouse uses will be within convenient walking distance of the park and open space provided within the residential development. be Finding that the site design incorporates interconnectivity though shared vehicular access points. The applicant has provided a pathway system that would connect the excepted uses with the R-4 residential uses. Finding that the applicant has provided pathway connections with the commercial use. Finding that the excepted uses are located in a manner that will facilitate vehicular access from the residential uses. eo Finding that the landscaping is consistent throughout the development. Architectural and building bulk concepts will be hard to maintain, as this is primarily a residential neighborhood with a variety of lot sizes, housing options and lot dimensions. The Commission and Council should determine what, if any, architectural/design concepts (residential and/or commercial) should be incorporated into all buildings within this development. 18. It is found that the office use is not regional in size or character. 19. It is found that the subject property is large enough to accommodate the requested FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 use and all other required features. 20. It is found that the current Comprehensive Plan Land Use Map designates the property as "Mixed Residential and Single-Family Residential". The proposed mix of residential, commercial and office uses are harmonious with and in accordance with the Comprehensive Plan. The project meets the requirements and objectives of the Planned Development Ordinance. 21. It is found that the design concept to be compatible with the intended character of the area. The Generalized Land Use Map indicates that this area is intended for mixed residential and single-family dwellings. The existing neighborhood to the southeast of this project is currently large estate sized housing ranging in size from 2-5+ acres and the existing neighborhood to the east is consists of approximately ¼ to IA+ acre lots. All lots that area adjacent to the east and southeast either meet or exceed the lot dimensions required by the R-4 zone. 22. It is not anticipated that the proposed project will have an adverse impact on the surrounding property. 23. It is found that the proposed development can be adequately served by the essential public facilities and services listed above. 24. It is found that the proposed use would not be detrimental to the economic welfare of the community, nor would it create the need for any new facilities or services to be paid for by the public. 25. It is found that no excessive traffic, noise, smoke, fumes, glare or odors will result from the proposed use. 26. It is found that the proposed use will not create significant interference with any traffic on the surrounding public streets. The Council and Commission should refer to the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 ACHD report for additional information concerning this finding. 27. It is found that no natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use. pathway. The Ridenbaugh Canal is to remain open and improved with a CONCLUSIONS OF LAW The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code § 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the Low Density Residential District (R-4) and General Retail and Service Commercial District (C-G), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code § 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City COde § 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629, January 4, 1994 and Maps. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS 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 that: 1. That the above named applicant is granted a conditional use permit for development of 308 building lots consisting of 260 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 in R-4 and C-G zones located a 1/2 mile south of Overland Road on the east side of Eagle Road, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. 2. All office or multiple-family housing uses proposed within the development shall be required to apply for a conditional use permit for a planned development prior to construction. 3. No more than 101 building permits shall be issued within Sutherland Farm Subdivision until a secondary emergency vehicle access to Eagle Road is completed. 4. E. Easy Jet Drive shall be fully improved (including curbs, gutter, sidewalks, landscaping, and irrigation prior) prior to the issuance of an occupancy permit for any building constructed within Phase five (5) of the subdivision. Additionally, all required improvements adjacent to Eagle Road shall be complete prior to occupancy of any building within Phase Five (5) of the subdivision. 5. All site improvements (landscaping and irrigation) for the four-acre park/pond area, and the pathway (Lot 75) connecting the park/pond area to Eagle Road shall FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 be complete prior to the issuance of the 101 st occupancy permit within Suthefland Farm Subdivision. The applicant shall be required to maintain the pond in a manner that will prevent the water from becoming stagnant or public nuisance (a mosquito breeding ground). o The remaining sections of the pathway (east of the 4-acre park/pond area) shall be developed in accordance with the phasing schedule for the subdivision. o All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. o No building permits shall be issued within the development until a final plat has been recorded for this subdivision. All requirements of the preliminary plat for A CHD, Meridian Fire Department, Central District Health, and Nampa & Meridian Irrigation District also apply to the Conditional Use Permit. Adopt and comply with the action of the City CounCil taken at their July 16, 2002 meeting as follows: 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 of the PD and shall be zoned separately. An 8 foot cedar fence shall be built along the entire length of the western and northern property boundaries. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code § 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 Works Department and any affected party requesting notice. 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 being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ~(~l,Cg{ ,2002. ROLL CALL: COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE Mc CANDLESS COUNCILMAN WILLIAM L.M. NARY ~-~ day of VOTED VOTED VOTED VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: VOTED MOTION: ~'~ APPROVED: ' DISAPPROVED: , .~o~tltllfltllll .... ~~°~ F M "% Copy served upon Apphcant, Planning and Zoning Department, Public Works ,,,~ Department and the Ci~ Attorney. ~.-" Z-XWorkNMNMefidian~efidi~ 15360~Sutherl~d Fa~ AZ-02-004 PP-02-004 CUP-02-005XF~IsCUP02-005.doc ~ ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND D~ER, G~NTING CONDITIONAL USE PE~IT - 13 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 07/16/02 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR SUTHERLAND FARM SUBDIVISION IN A R-4 AND C-G ZONES, LOCATED A 1/2 MILE SOUTH OF OVERLAND ROAD ON THE EAST SIDE OF EAGLE ROAD, MERIDIAN, IDAHO SUTHERLAND FARM, INC., APPLICANT Case No. CUP-02-005 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the July 16, 2002, under the provisions of Meridian City Code § 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for development of 308 building lots consisting of 260 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 in a R-4 and C-G zones located a 1/2 mile south of Overland Road on the east side of Eagle Road, Meridian, Idaho, subject to the following conditions of use ORDER CONDITIONAL USE PERMIT (CUP-02-005) -1 and development: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. All office or multiple-family housing uses proposed within the development shall be required to apply for a conditional use permit for a planned development prior to construction. o No more than 101 building permits shall be issued within Sutherland Farm Subdivision until a secondary emergency vehicle access to Eagle Road is completed. E. Easy Jet Drive shall be fully improved (including curbs, gutter, sidewalks, landscaping, and irrigation prior) prior to the issuance of an occupancy permit for any building constructed within Phase five (5) of the subdivision. Additionally, all required improvements adjacent to Eagle Road shall be complete prior to occupancy of any building within Phase Five (5) of the subdivision. o All site improvements (landscaping and irrigation) for the four-acre park/pond area, and the pathway (Lot 75) connecting the park/pond area to Eagle Road shall be complete prior to the issuance of the 101 st occupancy permit within Sutherland Farm Subdivision. The applicant shall be required to maintain the pond in a manner that will prevent the water from becoming stagnant or public nuisance (a mosquito breeding ground). o The remaining sections of the pathway (east of the 4-acre park/pond area) shall be developed in accordance with the phasing schedule for the subdivision. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. o No building permits shall be issued within the development until a final plat has been recorded for this subdivision. All requirements of the preliminary plat for A CHD, Meridian Fire Department, Central District Health, and Nampa & Meridian Irrigation District also apply to the Conditional Use Permit. ORDER CONDITIONAL USE PERMIT (CUP-02-O05) -2 Adopt and comply with the action of the City Council taken at their July 16, 2002 meeting as follows: 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 of the PD and shall be zoned separately. An 8 foot cedar fence shall be built along the entire length of the western and northern property boundaries. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the ,2002. orrie, Mayor City of Meridian day of Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney ......... B Dated: City Clerk ~ ZSWork~M~afidian~efidian 15360M~Sutherland Fa~ AZ-02-004 PP-02-004 CUP-O2-OOS~OrderCUP.doe~ O~ER CONDITIONAL USE PE~IT - 3 (CUP-02-005)