Sutherland Farm No. 4 RZ 04-006
ADA COUNTY RECORDER J. OAVID NAVARRO AMOUNT .00 36
BOISE IDAHO 09/01/04 01:51 PM
m~~~E~:a~~~~~ DF 1111111111111111111111111111111111111
Meridian City 104112888
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
(ORIGINAL DEVELOPMENT AGREEMENT CASE NO. AZ-O2-004
NOW FOR NEW CASE RZ-O4-006)
PARTIES:
1.
2.
City of Meridian
Sutherland Farm, Inc., an Idaho corporation, Owner/Developer
The following is an addendum to that certain Development Agreement between
the City of Meridian and Sutherland Farm, Inc., an Idaho corporation, Great Sky,
Inc., an Idaho corporation, Hill Way, Inc., an Idaho corporation, and Shannon's
Fine Food & Spirits, a California corporation, and specifically to section 6. of the
CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROEPRTY,
which is subsequent to the entering into of the original development agreement
dated November 4, 2002, and recorded in the Ada County Recorder's office as
Instrument No. 102143307.
The parties hereto agree as follows:
A. The Development Agreement dated November 4, 2002, as it pertains to 6.
CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY, is hereby
anlended.
B. It is agreed between the "City" and "Owner/Developer" that the
development project of Sutherland Farm Subdivision No.4 shall be fully incorporated
into the original development agreement with Sutherland Farm, Inc., an Idaho
corporation, Great Sky, Inc., an Idaho corporation, Hill Way, Inc., an Idaho corporation,
and Shannon's Fine Food & Spirits, and shall now include theJ6.1 acres with the R-8
zoning. Additionally, the conditions and requirements that were required within the
original development agreement, of which a copy of said original Development
Agreement is attached hereto as Exhibit A, and by this reference incorporated herein as if
set forth in full and c(F~isting of fifty-three pages, and by this First Amendment to the
Development Agreement to additionally include the conditions and requirements of the
Rezone (RZ-04-006), Preliminary Plat (PP-04-009), and Conditional Use Permit (CUP-
04-009), and all said conditions and requirements shall apply to the Sutherland Farm
Subdivision No.4.
Therefore, the "Owner/Developer" shall comply with the following additional
conditions as follows:
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (AZ-O2-004) - I
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
"Owner/Developer" shall develop the "Property" in accordance with the following
special conditions:
A.
B.
C.
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.
Adopt the Recommendations of the Parks Department as follows:
1.
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.
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 from 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.
5.
The Engineers and architects involved with the design of the
subject project shall obtain current best management practices for
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (AZ-O2-004) - 2
D.
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:
I.
One and two family dwellings will require afire 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 of the 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 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. Tlte applieaat sha-ll pro-¡iàe a stu6 street to tlte
property to the (west/east/llort'-jsoath). The two entrances shall be
separated by no less than Y2 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
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (AZ-O2-004) - 3
E.
F.
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.
9.
Maintain a separation of 5' from the building to the dumpster
enclosure.
10.
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 talœ
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 talœ access from
the common driveway. Receptacles shall be placed on the concrete
pad on collection day in a manner that does not cause a nuisance.
Preliminary Plat Case No. PP-O4-009
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
modified by the P&Z Commission, as follows:
SITE SPECIFIC COMMENTS - PRELIMINARY PLAT
I.
All landscaping will be required per the landscape plans submitted with the
application, with modifications as noted in the CUP section of this report.
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (AZ-O2-004) - 4
2.
All conditions of the accompanying Conditional Use Permit application shall also be
considered conditions ofthe Preliminary Plat.
3.
Sanitary sewer and water service to this development shall be via mainline extensions
from the existing City of Meridian mains adjacent to the project.
4.
Add or revise the following final plat notes:
(17.) "...a blanket sewer, emergency access, and pedestrian path easement...."
5.
Revise the landscape plan to include at least 31 trees along the Ridenbaugh Canal
pathway, as per the plan approved with the original plat.
6.
All common drives shall be 20 feet wide, as depicted on the Plat.
GENERAL COMMENTS-PRELIMINARY PLAT
1.
Please submit a copy of the Ada County Street Name Committee's approval letter for
the subdivision name. Malœ any corrections necessary to conform.
2.
Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
3.
A letter of credit or cash surety in the amount of 110% will be required for all
fencing, landscaping, play equipment, pressurized irrigation, sanitary sewer, water,
etc., prior to signature on the final plat.
4.
Sidewalks within the proposed subdivision shall be built in accordance with MCC 12-
13-10-8.
5.
100-watt, high-pressure sodium streetlights will be required at locations designated
by the Public Works Department. Any streetlights shall be installed at subdivider's
expense. Typical locations are at street intersections and/or fire hydrants. Final
design locations and quantity are determined after power designs are completed by
Idaho Power Company. The street light contractor shall obtain design and permit
from the Public Works Department prior commencing installations.
6.
All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting,
crossing or lying adjacent and contiguous to the area being subdivided shall be tiled
per City Ordinance 12-4-13. Plans will need to be approved by the appropriate
irrigation/drainage district, or lateral users association (ditch owners), with written
approval or non-approval submitted to the Public Works Department. Iflateral users
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (AZ-O2-004) - 5
7.
8.
9.
B.
association approval can't be obtained, plans will be reviewed and approved by the
meridian City Engineer prior to final plat signature.
A drainage plan designed by a State of Idaho licensed architect or engineer is
required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all new
off-street parking areas. All drainage water is to be maintained on-site. Storm water
treatment and disposal must be designed in accordance with Department of
Environmental Quality 1997 publication Catalog of Storm Water Best Management
Practices for Idaho Cities and Counties and City of Meridian standards and policies.
Off-site disposal into surface water is prohibited unless the jurisdiction which has
authority over the receiving stream provides written authorization prior to
development plan approval. The applicant is responsible for filing all necessary
applications with the Idaho Department of Water Resources regarding Shallow
Injection Wells.
Please submit all updated groundwater/soils reports to the Public Works
Department for review. Any drainage areas (detention/retention basins) must be
designed to ensure that water will percolate or discharge within a period of time
not to exceed 24 hours for all storms up to and including a 1 OO-year storm event.
Side slopes within drainage areas shall not exceed 3:1.
Any tree over 4" in caliper that is removed from the property shall be replaced by
installing additional trees, being the equivalent number of caliper inches of trees
that were removed. Required landscaping trees will not be considered as
replacement trees for those trees that are removed.
Developer shall coordinate mailbox locations with the Meridian Post Office.
10.
Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8.
Wells may be used for non-domestic purposes such as landscape irrigation.
II.
Compaction test results must be submitted to the Meridian Building Department for
all building pads receiving engineered backfill, where footing would sit atop fill
material.
Adopt the Recommendations ofthe Ada County Highway District as follows:
Site Soecirlc Conditions of Aooroval
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (AZ-O2-004) - 6
I.
Construct East Easy Jet Drive as a 36-foot street section.with vertical curb, gutter
and 5-foot concrete sidewalks abutting the site, as proposed.
2.
Construct South Bay Star Way as a 52-foot street section with vertical curb, gutter
5-foot concrete sidewalks and a 10-foot wide median within 66-feet of right- of-
way, as proposed.
3.
Construct East Rolfe Street, South Flame Way, East Quinn Drive and South
Nephrite Way as 36-foot street sections with rolled curb, gutter and 5-foot
concrete sidewalks within 50-feet of right-of-way, as proposed.
4.
Construct a residential collector roadway (South Bay Star Way) to intersect East
Easy Jet Drive approximately 475-feet east of the west property line to align with
South Bay Star Way on the south side of Easy Jet Drive, as proposed.
5.
Construct a lO-foot wide median within the public right-of-way of South Bay Star
Way, as proposed. Construct the island so that the roadway around the traffic
island maintains a minimum ofa 21-foot street section. The landscape island
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.
6.
Other than the access point that has specifically been approved with this
application, direct lot access to Easy Jet Drive and South Bay Star Way is
prohibited. Notes of this shall be required on the fmal plat.
7.
Comply with all Standard Conditions of Approval.
Standard Conditions of Aooroval
I.
Any existing irrigation facilities shall be relocated outside of the right-of-way.
2.
All utility relocation costs associated with improving streetfrontages abutting the
site shall be borne by the developer.
3.
Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (AZ-O2-004) - 7
4.
5.
6.
7.
8.
9.
Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at
387-6258 (with file numbers) for details.
All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State ofIdaho shall
prepare and certify all improvement plans.
The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required
design changes.
Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #198, also known as Ada County Highway District
Road Impact Fee Ordinance.
It is the responsibility of the applicant to verify all existing utilities within the
right-of-way. The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to brealcing ground within
ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
10.
No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County Highway
District. The burden shall be upon the applicant to obtain written confirmation of
any change from the Ada County Highway District.
11.
Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at
the time the applicant or its successors in interest advises the Highway District of
its intent to change the planned use of the subject property unless a
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (AZ-O2-004) - 8
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
C.
Adopt the Recommendations of the Central District Health Department as
follows:
I. This proposal can be apprpved for central sewage & central water after written
approval from 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.
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.
D.
Adopt the Recommendations ofNampa Meridian Irrigation District as follows:
1. Applicant shall apply for a land use change application prior to final platting.
2. All laterals and waste ways must be protected.
3. All municipal surface drainage must be retained on site. If any surface
drainage leaves the site, the Nampa & Meridian Irrigation District must review
drainage plans.
4. The Developer must comply with Idaho Code 31-3805.
5. NMID recommends that irrigation water be made available to all
developments within the Nampa & Meridian Irrigation District.
E.
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
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (AZ-O2-004) - 9
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 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 oftwo points of access
will be required for any portion of the project, which serves more than 50
homes. Tlte applieæt sha-ll pw'iiàe a sæb street to the property to tile
(west/eaotiBOFl.':.jooutlt). The two entrances shall be separated by no less than
Yo 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.
9.
Maintain a separation of 5' from the building to the dumpster enclosure.
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (AZ-O2-004) - 10
F.
G.
H.
10.
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:
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 tlús requirement.
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 talœ 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 talœ access from the common driveway. Receptacles shall be placed on
the concrete pad on collection day in a manner that does not cause a nuisance.
Adopt the Recommendations of the Parks Department as follows:
1.
Pathway and Trail Standards: The proposed pathway and/or trail shall meet
the standards as set forth in the August 2003 Comprehensive Parks and
Recre¡:tion 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.
Conditional Use Permit CUP"04-009
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
modified by the P&Z Commission, as follows:
CONDITIONS OF APPROVAL-CONDITIONAL USE PERMIT
1.
All conditions of the accompanying Preliminary Plat application shall also be
considered conditions of the CUP.
2.
Provide grasscrete for a width of 14 feet over the City's sewer easement across Lot 7,
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (AZ-02-004) - I I
3.
4.
5.
6.
7.
8.
9.
Block 13.
Restrict fence height on all building lots in Block 13 to 4 feet wherever they are
contiguous with Lot 7.
Reduce the frontage on Lots 24-27, Block 13 from 50' to 48' to provide wider
accesses into the park from the west.
Construct a path so that it enters from the northwest corner of the proposed private
park, between lots 23 and 24, continues along the north side of the park and exits
between lots 14 and 15 at the northeast corner. This will connect a route from the
pedestrian easement on Lot 41, Block 11 through to the micropath on Lot 61, Block
11, which in turn connects to the multi-use pathway along the Ridenbaugh Canal.
The path should also connect to the patio/gazebo area.
The applicant shall provide a pedestrian connection between the residential area and
the office/commercial uses in the northwest comer of the project in Lot61, Block 11.
The connection shall conform to all Micropath ordinance standards.
The applicant shall add a micropath connecting from the sidewalk to the Ridenbaugh
pathway on Lot 56, Block 11. Since the lot is also a sewer easement, it shall be
exempt from the tree requirement of the micropath ordinance, but all other micropath
standards shall apply.
Modify Lot 61, Block 11 and Lot 7, Block 13 so that all lots containing paths or
micropaths in the project are at least 15 feet wide. The micropaths/paths across these
lots shall be at least 5 feet wide.
Fences along the Ridenbaugh Canal pathway shall be three feet maximum for solid
fencing and four feet for open-vision fencing, in conformance with the original
conditions of approval. The pathway shall be a 10-foot wide asphalt surface.
10.
The project shall conform to the modified dimensional standards, as follows:
. Minimum lot frontage: 44 feet (detached units), 34 feet (attached units).
. Minimum lot size: 4,400 s.f. (detached units), 3,400 s.f. (attached units).
. Minimum front setback: 10 feet (living area and side entry garages), 20 feet
(front-loaded garages).
11.
The following amenities are required for the project: The first is a gazebo with a
patio area and benches. The second amenity is proposed to be a picnic area. Both
amenities are located on Lot 7, Block 13 as depicted on the landscape plan.
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (AZ-02-004) - I2
12.
13.
14.
B.
This conditional use permit shall be subject to the expiration provisions set forth in
MCC 11-17-4.B.
All constructi"n and site improvements shall conform to the requirements of the
Americans with Disabilities Act and the adopted building and fire codes.
Revised Plans: Staff recommends that the plans be modified in compliance with this
report and any additional conditions from the Commission and that the applicant
submit 10 copies of all revised plans (plat and landscape) at least 10 days prior to the
next hearing on this application.
15.
All common drives are approved at 20 feet wide, as depicted on the plat. (Per action
of the Council taken at their June 15,2004 meeting.)
Adopt the Recommendations of the Ada County Highway District as follows:
Site Soecific Conditions of Aooroval
I.
Construct East Easy Jet Drive as a 36-foot street section with vertical
curb, gutter and 5-foot concrete sidewalks abutting the site, as
proposed.
2.
Con,.;truct South Bay Star Way as a 52-foot street section with vertical
curb, gutter 5-foot concrete sidewalks and a 10-foot wide median
within 66-feet ofright-of-way, as proposed.
3.
Construct East Rolfe Street, South Flame Way, East Quinn Drive and
South Nephrite Way as 36-foot street sections with rolled curb, gutter
and 5-foot concrete sidewalks within 50-feet of right-of-way, as
proposed.
4.
Construct a residential collector roadway (South Bay Star Way) to
intersect East Easy Jet Drive approximately 475-feet east of the west
property line to align with South Bay Star Way on the south side of
Easy Jet Drive, as proposed.
5.
Construct a 10-foot wide median within the public right-of-way of
South Bay Star Way, as proposed. Construct the island so that the
roadway around the traffic island maintains a minimum of a 21- foot
street section. The landscape island within the public right-of-way
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (AZ-02-004) - I3
dedicated by this plat shall be owned and maintained by a homeowners
association. Notes of this shall be required on the final plat.
6.
Other than the access point that has specifically been approved with
this application, direct lot access to Easy Jet Drive and South Bay Star
Way is prohibited. Notes of this shall be required on the final plat.
7.
Comply with all Standard Conditions of Approval.
Standard Conditions of Aooroval
I. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at
387-6258 (with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required
design changes.
7. Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (AZ-02-004) - 14
8. Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #198, also known as Ada County Highway District
Road Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the
right-of-way. The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County Highway
District. The burden shall be upon the applicant to obtain written confirmation of
any change from the Ada County Highway District.
11. Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at
the time the applicant or its successors in interest advises the Highway District of
its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
C.
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 from 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.
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (AZ-02-004) - 15
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.
D.
Adopt the Recommendations ofNampa Meridian Irrigation District as follows:
1. Applicant shall apply for a land use change application prior to final platting.
2. All laterals and waste ways must be protected.
3. All municipal surface drainage must be retained on site. If any surface
drainage leaves the site, the Nampa & Meridian Irrigation District must review
drainage plans.
4. The Developer must comply with Idaho Code 31-3805.
5. NMID recommends that irrigation water be made available to all
developments within the Nampa & Meridian Irrigation District.
E.
Adopt the Recommendations ofthe 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 of2 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.
b.
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 of the hydrant location.
Fire hydrants shall be placed on corners.
Fire hydrants shall not have any vertical obstructions to
outlets within 10'.
c.
d.
e.
f.
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (AZ-O2-004) - 16
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. +fle
applieant slta-l1 preyiàe a staè street te tile propertyte the (westieast/nertltlseatlt).
The two entrances shall be separated by no less than Y2 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.
9. Maintain a separation of 5' from the building to the dumpster enclosure.
10. Lot 43, Block 11, shall be posted "No Parking", fire 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 11. The Applicant has submitted a
revised plat/site plan to reflect this requirement.
G.
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 talœ 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
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (AZ-02-004) - 17
receptacles of the residences that take access from the common driveway.
Receptacles shall be placed on the concrete pad on collection day in a
manner that does not cause a nuisance.
H.
Adopt the Recc)mmendations of the Parks Department as follows:
1.
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.
C.
Except as modified by tlùs First Amendment, the Development Agreement
between the parties dated November 4, 2002, is hereby ratified and
confirmed.
IT IS SO AGREED.
DATED AND SIGNED this ,2/1d. day of ~rf
,2004.
CITY OF MERIDIAN
ATTEST:
8-17-();f-
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (AZ-02-004) - IS
Attest:
BY:~
Trevor C. Roberts, Secretary
Attest:
ByA!~Þ~ ~
William G. Berg, Jr., Cit Cler .
SUTHERLAND FARM, INc.
CITY OF MERIDIAN
G~
Approved by City Council:
g-(?-tJ?-
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (AZ-02-004) - 19
STATE OF IDAHO, )
: ss.
County of Ada,
On this ~ day Of~.e +- , 2004, before me, a Notary Public, in and
for the said state, personally appeared yde Weerdand Wilham G. Berg, Jr., lmownor
identified to me to be the Mayor and City Clerk, respectively, of the City of Meridian, who
executed the instrument or the person that executed the instrument of behalf of said City, and
acknowledged to me that such City executed the same.
..".. ""'"
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(SEAL)
STATE OF IDAHO)
:ss
COUNTY OF ADA)
On this day of ,in 004,before
me, a Notary Publi onally appeared Louis G.
Harding and Trevor C. Robe, rid' to me to be the President and Secretary
of Sutherland Farm, Inc. ns who executed the instrument and acknowledged to
me that they havi uted the same on behalf of said Sutherland Farm, Inc..
(SEAL)
Notary Public for Idaho
Residing at:
Commission expires:
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (AZ-O2-004) - 20
STATE OF CALIFORNIA
)
) ss.
)
COUNTY OF SAN MATEO
On this 2nd day of August, 2004, before me, Shirley W. Hoffinan, the undersigned Notary
Public, personally appeared Louis G. Harding and Trevor C. Roberts, personally known to me to
be the persons whose names are subscribed to the within instrument and acknowledged to me
that they executed the same in their authorized capacities, and that by their signatures on the
instrument the person, or the entity upon behalf of which the persons acted, executed the
instrument.
WITNESS my hand and official seal.
+;r :JL¡I."g~~/
e StHRLEYW. HOFFMAN
- Commission' 1328734
!' Noœry Public - California f
j San Mateo County I
My Comm. E'Jq)il'l!l Nav 7, 2006
-------
EXHIBIT A
Findine:s of Fact and Conclusions of Law/Conditions of Approval
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (AZ-02-004) - 21
BEFORE THE MERIDIAN CITY COUNCIL
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
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
SUBDMSION NO.4, LOCATED
APPROXIMATELY ~ 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
CONCL USIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
2004, and continued until June 15,2004, at the hour of7:00 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 ANDZONJNG SUTHERLAND FARM SUBDMSIONNO. 4
(RZ-O4-006)
PAGE 1 OF 14
1.
There has been compliance with all notice and hearing requirements set forth in ,
Idaho C.ode §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1.
2.
The City Council takes judicial notice ofits zoning, subdivisi.on and development
ordinances c.odified at Titles 11 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 Y2 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 PlamJing 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 of the 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-O4-006)
PAGE 2 OF ]4
Density Residentia1lMixed-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 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:
A.
B.
C.
D.
Adopt the Recommendations of the Planning and Zoning Commission as fol1ows:
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.
Adopt the Recommendations of the Parks Department as follows:
1.
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 Mainte!l!ll1ce of a section of Pathway: The
pathway must connect from one major arterial to another, either an easement
or ownership de<:d must be granted before the city will assume the
mainíena.nce 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 from 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 LA W
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SUTHERLAND FARM SUBDIVISION NO.4
(RZ-O4-006)
PAGE3 OF 14
E.
3.
Run-offis not to create a mosquito breeding problem.
4.
Stonnwater 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 sha1l obtain current best management practices for stormwater
disposal and design a stonnwater 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 fueflow of 1,000 gallons per
minute available for duration of2 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 \12" outlet face the main street or
pwking lot aisle. .
The fire hydrant shall not face a street which does not have addresses
on it.
Fire hydrant markers shall be provided per PubHc Works spec.
Locations with fire hydrants shall have the curb painted red 10' to
each side of the 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.
AIl 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 ofthc project, which serves more than 50
homes. The 8 3 ;1lieaat shaY ;Il"e'\'iE!e a stab street to tho pr-e ;lerty te the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SUTIŒRLAND FARM SUBDIVISION NO.4
(RZ-O4-O06)
PAGE4 OF 14
F.
G.
H.
11.
(-,veGtleIlilVßElr&lseath). The two en1rances shall be separated by no less than
Yo the diagonal measurement of the project. (Deleted second sentence per City
Council action at their June IS, 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.
9.
Maintain a separation of S- from the building to the dumpster enclosure.
10.
Lot 43, Block 11, shall be posted "No Parking", fife lane, per the
International Fire Code.
Adopt the Recommendations of the Meridian Police Depilrtment as follows:
I.
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:
I.
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 ftom 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 deemed 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-O4-O06)
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 fOlmd 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 APPLICATION
FORANNEXATÌON AND ZONING SUTHERLAND FARMSUBDNISIONNO. 4
(RZ-O4-006)
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 foWld 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 m-e no existing mature trees on the site. The applicant has
submitted an original boundary/topo 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 of the 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 folll1d that the development considerations as referenced in Finding No.
lOare 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
FmDmGSOFFACTANDCONCLU~ONSOFLAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONmG SUTHERLAND FARM SUBDIVISION NO.4
(RZ-O4-006)
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 CoUflCii 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 Anlended Comprehensive Plan City ofMerldian adopted August 6, 2002,
Resolution No. 02-382.
4.
The zoning of (R-B) Medium Density Residential District is defined in the Zoning
Ordinance at § 11.7.2 D as follows:
(R.-8) Medium Dewtitv Residential District: Th;: purpose of the R.8 District is to permit
the establishment of single- and two-family dwellings at a density not exceeding eight (8)
dwelling units per acre. This District delineates those areas where such developm;:nt has or
i¡¡likelyto 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 APPLICATION
FOR ANNEXA nON AND ZONING SUTHERLAND FARM SUBDIVISION NO.4
(RZ-O4-006)
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 open the annexation afland. S~ Burt vs. The CitY ofIdaho Falls. 105
Idaho 65, 665 P2d 1075 (1983).
6.
The development oftl1e 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, tbe City Council does bereby Order and tbis 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 SUBDNISION NO.4
(RZ-O4-006)
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 pennit.
B. Adopt the report ofilie 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 Depa.rtment as follows:
1. 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 Pian. 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 Dbtrict Health Department as follows:
1. This proposal can be approved for central sewage & central water after written
approval from 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 & We1fare,Division of
Environmental Quality. .
3. Run-off is not to create a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy swaie 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 APPUCATION
FOR ANNEXATION AND ZONING SUTHERLAND FARM SUBDIVISION NO.4
(RZ-04-006) .
PAGE 10 OF 14
5. The Engineers and architects involved with the design of the subj ect proj ect 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:
1. One and two family dwellings will require a fire flow of 1,000 gallons per minute
available for duration of2 hours to service the entire project. Fire hydrants shall be
placed an average of 400' apart. lntemational Fire Code AppendixC.
2. Final approval of the fire hydrant locations sha11be by the Meridian Fire Department.
a. Fire hydrants shall have the 4 W' 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 orpe:rmanent 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. :¡:fie
applieam &hall f!l'Ø..,iše a stab street ta tàe prøpiH'ly tetBe (vieDtí~a£t/nartl1lsamh).
The two entrances shalI be separated by no less than Y2 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 sh3I1 have a clear
driving surface, available at all times, which j;¡ 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-O4-006)
PAGE 11 OF 14
9. Maintain a separation of5' from the building to the dl,l1t1pster enclosure.
10. Lot 43, Block 11, shall be posted "No Parking", fire lane, per the International Fire
Code.
F. 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.
G. 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 hom the common driveways,
the developer shall install a concrete pad at the end of the conunon 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 from 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 shalI also be required to- comply with the corresponding Preliminary Plat
and Conditional Use Permit requirements, for Case No. PP-O4-009 and CUP-O4-009.
4.
The City A ttomey shall prepare for consideration by the City Council the appropriate
ordinance for the annexation and zoning designation of the real property which is the subject of the
application to (R-8) Medium Density Residential District, and Meridian City Code § 11-7-2.
5.
Subsequent to the passage of the Ordinance provided for in section 4 of this Order the
engineering staff of the Public Works Department shalI 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 lID11exation and zoning or~ce.
NOTICE OF FINAL ACTION
FINDJNGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SUTHERLAND FARM SUBDNISION NO.4
(RZ-O4-006)
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 fina1 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 f1led.
Please take notice that this is a fmal action ofilia governing body of the City of Meridian,
pursuant to Idaho Code § 67-6521. An iûfected 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, seekajudicial review as provided by Chapter 52, Title 67, Idaho
Code.
By action of the City Council at its regular meeting held on the
c.#L
0 day of
~~
.2004.
ROLL CALL
COUNCILMAN SHAUN WARDLE
VOTED ~
COUNCILMAN BILL NARY
VOTED~'<-
COUNCILMAN CHARLIE ROUNTREE
VOTED /f6~
COUNCILMAN KEITH BIRD
VOTED$"-
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPUCATION .
FOR ANNEXATION AND ZONING SUTHERLAND FARM SUBDIVISION NO. 4
(RZ-04-QO6)
PAGE I3 OF 14
MAYOR TAMMY de WHERD (TIE BREAKER)
DATED: 7-6 -&4-
VOTED-==
MorrON:
APPROVED:L DISAPPROVED:-
Attest:
BY:~ A/\ D ûR
. City Clerk
Dated: ,-<?O4
Z:\Work\M\Merldi..\Meridlan lS360Ml$uther¡..d Farm Subdiv~iOll No. 4 RZ.04-006 PP-Q4"¡¡O9 CUP-O4-O091RZFJC1&Order.doo
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SUTHERLAND FARM SUBDIVISION NO.4
(RZ-04-O06)
PAGE 14 OF 14