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MEMORANDUM
To: William G. Berg, Jr.
From: Wm. F. Nichols
Subject: Saguaro Canyon Estates Subdivision
File: PP-03-032
Date: April 28, 2004
Will:
Please find attached the original of the FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND ORDER OF CONDTI'IONAL APPROVAL OF
PRELIMINARY PLAT, pursuant to action of the Council at their Apri123, 2004 meeting. The
Findings will be on an upcoming Council agenda.
Please serve conformed copies of the Findings upon the Applicant and the
Planning and Zoning Department, Public Works and the City Attorney office, if Council
approves the Findings.
If you have any questions arise please advise.
Z:\WorkVvl\MeridianVvleridian 15360[vl\Saguaro Canyon Estates Sub AZ-03-027 PP-03-032 CUP-03-0SS1BergPrePlatMEMO 04 28 04.dac
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 02/10/04
C/C 03/09/04
C/C 03/23/04
C/C 04/13/04
C/C 04/20/04
IN THE MATTER OF THE
REQUEST FOR PRELIMINARY
PLAT FOR SAGUARO CANYON
ESTATES SUBDIVISION FOR 433
BUILDING LOTS AND 45
COMMON LOTS ON 140.97 ACRES
LOCATED WITHIN SECTION 30,
T4N, R1E, THE SQUARE MILE
BORDERED BY CHIlVDEN BLVD.,
MERIDLAN, LOCUST GROVE AND
McMILLAN ROADS, MERIDIAN,
IDAHO
Case No. PP-03-032
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY
PLAT
BY: FARWEST, LLC, APPLICANT
The above entitled matter coming on regulazly for public hearing before the City Council
on February 10, 2004, and re-noticed for March 9, 2004, and continued until Mazch 23, 2004,
April 13, 2004, and Apri120, 2004, and Anna Powell Planning Director for the Planning and
Zoning Department, Brad Watson of the Public Works Department, Dave McKinnon, John
Priddy, Mike Atkins, Stephanie Beehler, Jeff Papke, Barbara Nosek, Becky McKay, Dean
Briggs, Mike Youngberg Grant Lee, Brian McColl, and Robert Greiner, appeared and testified,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SAGUARO CANYON ESTATES SUBDIVISION / (PP-03-032)
1
and the City Council having received a report from Brad Hawkins-Clark for the Planning and
Zoning Department, and Bruce Freckleton, Engineering Technician III, and the City Council
having received as part of the record of this matter the recommendafion to City Council of the
Planning and Zoning Commission and the Preliminary Plat "SAGUARO CANYON
SUBDIVISION, PRELIMINARY PLAT/PLANNED DEVELOPMENT MAP, DWG DATE:
11/18/03 KDH, REVISION DATES OF: 12/17/03, 12/18/03, 01/28/04, 03/10/04, 03/18/04,
04/06/04 SHEET 1 OF 1 PREPLAT, X30112-pre8.dwg BPT, DWG NO. 30112,
HANDWRITTEN DATE: 4/6/04, STAMPED: RECENED APR -6 2004 CITY OF MERIDIAN
CITY CLERK OFFICE, APR 06 2004, FARWEST, LLC -DEVELOPER, BRIGGS
ENGINEERING, INC. -PLANNER", Farwest, LLC, Developer, submitted for preliminary plat
approval and which preliminary plat for approval application is herein received and adjudged by
the City Council pursuant to Meridian City Code § 12-3-3. Therefore the City Council makes the
following findings:
FINDINGS OF FACT
1. That the proposed development is in conformance with the Amended
Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in
the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis
Amended Comprehensive Plan Map, adopted August 6, 2002, Resolution No. 02-382, and the
property is presently zoned RUT by Ada County, however, an application for annexation and
zoning to R-4 is before the Council, and requires connection to the Municipal Water and Sewer
System. [Meridian City Code § 11-7-2 C]
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDTi'IONAL APPROVAL OF PRELIMINARY PLAT
SAGUARO CANYON ESTATES SUBDIVISION / (PP-03-032)
2
2. The preliminary plat is in conformance with the Amended Comprehensive Plan
City of Meridian adopted August 6, 2002, Resolution No. 02-382, except for sanitary sewer
service, as the majority of this development precedes the permanent sewer trunk line that is
intended to serve this area (North Slough). The proposed subdivision meets goals of the
Comprehensive Plan through the following:
Ch. V, Goal III, Obj. B. #7
Ch. VI, Bullet #2, pg. 71
Ch. VI, Bullet #5, pg. 71
Ch. VI, Bullet #1, pg. 73
Ch. VI, Goal II, Obj. A, #5
Ch. VI, Goal II, Obj. A, #6
Ch. VII, Goal III, Obj. B, #3
Ch. VII, Goal VI, Obj. C, #3
Ch. VI, Goal IV, Obj. A, #10
Ch. VI, Goal IV, Obj. A, #13
Ch. VII, Goal V, Obj. A, #8
The Future Land Use Map shows a potential public park site, regional pathway, and
future school site. The Applicant proposes to construct a 10-foot-wide regional path from the
parcel's west boundary to the northeast boundary.
It is determined that Urban Services can be made available to accommodate a
portion of the proposed development, but sanitary sewer and fire are not available for the
majority of the lots, if the plat complies with the requirements and conditions hereinafter set forth
as conditions of preliminary plat approval. However, below is a potential timeframe for
development of Saguaro Canyon, based on the Subdivision Ordinance and a typical plat scenario
in Ada County:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SAGUARO CANYON ESTATES SUBDIVISION / (PP-03-032)
3
February '04 Pre Plat & Annexation Approval (City Council)
April -May '04 Phase 1 Final Plat Approval (City Council)
7uly-August '04 Phase 1 Final Plat Recorded
Nov. -Dec. '04 First Certificates of Occupancy Issued
Assuming the above scenario for Phase 1 and strong market conditions, it's possible a
second phase of Saguaro Canyon could be approved and require availability of the North Slough
Trunk by Spring 2005. It remains unclear if the Public Works Department and their contractor
will have obtained the necessary sewer easements through Paramount Subdivision and the
Aschenbrenner parcel by this time. Joint School District No. 2 anticipates needing the trunk line
extended for the Middle School by Spring 2007.
In terms of fire service, it's anticipated that the second, permanent access for the
subdivision (besides McMillan Road) will be provided through a new residential subdivision on
the Aschenbrenner property, north of the school site and west of the subject property. To date, the
City has not received an application or conducted apre-application meeting on this property.
4. The proposed development is a continuity of the proposed development within the
City's Capital Improvement Program and if the conditions, which are requested by the Planning
and Zoning Administrator and the Engineering Technician III, and as proposed by the developer
as stated on the preliminary plat, there will be public financial capability of supporting services
for the proposed development. The proposed subdivision would certainly not create any more
additional requirements or demands to the City than other residential uses. The primary question
is one of timing. Until the North Slough Trunk is constructed, sanitary sewer service is not
available for the majority of this development.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SAGUARO CANYON ESTATES SUBDIVISION 1(PP-03-032)
4
5. The development if built in accordance with the conditions and as proposed, will
not create health, safety or environmental problems and there have been no specifics of any such
concerns brought to the Council's attention. It is found that the development will require public
expenditures for extending the North Slough Trunk. Specifically, the Public Works must enter
into a contract with a private firm to acquire easements, design and construct the line. The
funding for this extension is budgeted in the FY04 budget, with a preliminary estimated schedule
of construction completion by June 2005.
6. It is found that the Recommendation To City Council of the Planning and Zoning
Commission is reasonable and appropriate for the conditions of approval of the preliminary plat
as hereinafter set forth. Other than previously noted above, it is not found that there would be
any other health, safety or environmental problems associated with this subdivision.
The applicant has submitted for consideration of this approval drawing of the
preliminary plat herein designated as "SAGUARO CANYON SUBDIVISION, PRELIMINARY
PLAT/PLANNED DEVELOPMENT MAP, DWG DATE: 11/18/03 KDH, REVISION DATES
OF: 12/17/03, 12/18/03, 01/28/04, 03/10/04, 03/18/04, 04/06/04 SHEET 1 OF 1 PREPLAT,
\30112-pre8.dwg BPT, DWG NO.30112, HANDWRITTEN DATE: 4/6/04, STAMPED:
RECENED APR -6 2004 CITY OF MERIDIAN CITY CLERK OFFICE, APR 06 2004,
FARWEST, LLC -DEVELOPER, BRIGGS ENGINEERING, INC. -PLANNER".
8. The City Council recognizes the The City Council recognized the concems of the
following individuals:
• the Larkwood Homeowner's Association
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SAGUARO CANYON ESTATES SUBDIVISION / (PP-03-032)
5
• Kenneth Christensen (letter dated 12/3/03)
•3 Michael S. Adkins (letter dated 1/22/04)
•S John Priddy (letter dated 12/2/03)
Dean Briggs of Briggs Engineering, on behalf of Robert and Marlene
Rhead, entered into the public record their letter of approval, and which
is on file with the Meridian City Clerk's office.
DECISION AND ORDER
Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted:
IT IS HEREBY ORDERED AND THIS DOES ORDER
The Preliminary Plat of the applicant as evidenced by having submitted the
Preliminary Plat "SAGUARO CANYON SUBDIVISION, PRELIMINARY PLAT/PLANNED
DEVELOPMENT MAP, DWG DATE: 11/18/03 KDH, REVISION DATES OF: 12/17/03,
12/18/03, 01/28/04, 03/10/04, 03/18/04, 04/06/04 SHEET 1 OF 1 PREPLAT, \30112-pre8.dwg
BPT, DWG NO. 30112, HANDWRl'I`TEN DATE: 4/6/04, STAMPED: RECEIVED APR -6
2004 CITY OF MERIDIAN CITY CLERK OFFICE, APR 06 2004, FARWEST, LLC -
DEVELOPER, BRIGGS ENGINEERING, INC. -PLANNER", Farwest, LLC, Developer is
hereby conditionally approved; and
2. The conditions of approval aze as follows to-wit:
A. Adopt the Special Recommendations of the Planning and Zoning Commission as
follows:
1. Applicant has agreed and the Commission recommends the fence along the east
property line, adjacent to Larkwood Subdivision, be a 5-foot vinyl fence with one
foot of lattice on top.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SAGUARO CANYON ESTATES SUBDIVISION / (PP-03-032)
2. No more than 50 homes can be built until both the North Slough Trunk and a
second emergency access, constructed to the satisfaction of the Meridian Fire
Department, are built.
3. No more than 236 building pennits will be issued until a second public access is
available, either connecting to a platted stub street or the temporary use of the
easement currently enjoyed by the Boyacks. If the latter is the choice, it will be
paved and at least 20 feet wide.
4. Incorporate all agreements made between the Larkwood Subdivision HOA and
Farwest, LLC. (Note: these are included in the site specific conditions below.)
B. Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
SITE SPECIFIC CONDITIONS OF APPROVAL /PRELIMINARY PLAT
Sanitary sewer and water service to this site shall be via main line extensions from
mains being installed as part of the Paramount and Havasu Creek projects. The
applicant will be responsible for constructing the lateral sewer and water mains to
and through this proposed development, thereby making them available to adjacent
properties. The subdivision designer is responsible for coordinating main sizing and
routing with the Public Works Department. This development shall be subject to
latecomer fees, to reimburse those responsible for bringing sanitary sewer and water
service to the area, when and if the Latecomers Fee Agreement is established.
Latecomer's fees shall be due and payable prior to signature on the final plat for
each phase.
Prior to Ciry of Meridian approval of any final plat including the 515` buildable
lot in this subdivision, the applicant's engineering drawings shall demonstrate
their ability to gravity sewer all future lots to the North Slough Trunk and that the
trunk shall be constructed to and through the subject property prior to issuance of
the 51 s` building permit within Saguaro Canyon Subdivision.
2. The applicant has indicated that a pressurized irrigation system will be provided
within this development, but has not indicated who will own and maintain the
system. If the system is being proposed as a private system, plans and specifications
for the irrigation system shall be reviewed by the Public Works Department as part
of the development plan review process, and a draft copy of the pressurized
irrigation system O&M manual must be submitted prior to plan approval, and be the
applicant shall be subject to irrigation plan review fees. Please revise the plat to
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SAGUARO CANYON ESTATES SUBDIVISION / (PP-03-032)
show how the system is going to be served (i.e. connection to an existing system, or
independent pumping facilities) Underground year-round pressurized irrigation must
be provided to all lots within this development. The City of Meridian requires that
pressurized irrigation systems be supplied by a year-round source of water.
Applicant shall be required to utilize any existing surface or well water for the
primary source. If a surface or well source is not available, asingle-point
connection to the culinary water system shall be required. If a single-point
connection is utilized, the developer shall be responsible for the payment of
assessments for the common azeas prior to signature on the final plat by the
Meridian City Engineer.
Per the agreement made with the Larkwood HOA, Farwest, LLC will provide a
pressurized irrigation stub to each of the Lazkwood Subdivision lots adjoining
Saguaro Canyon, providing the Lazkwood homeowners transfer sufficient water
rights to the pump station diversion point to provide for these stubs.
3. A detailed fencing plan shall be submitted upon application of the final plat. A 5-
footvinyl fence with one-foot of lattice on top is required adjacent to the Lazkwood
Subdivision. In addition, a solid fence shall be required around the perimeter of the
subdivision. Additionally, a perimeter stamped concrete fence adjacent to Lots 1-9,
Block 33 and Lot 37, Block 28 shall be required. (Per action of the City Council
taken at their Apri120, 2004 meeting.)
4. A detailed landscape plan shall be submitted upon application of the final plat. The
conceptual landscape plan submitted with the preliminary plat (Sheets LS-1 thru LS-
6, dated 09/09/03 by Harvest Design) is approved with the following changes:
a. Include the amended regional pathway alignment, as shown on the revised
preliminary plat, dated 12/24/03. This impacts Sheets LS-3 thru LS-5.
b. As proposed with the CUP/PD application, a tot lot or other approved
amenity shall be included on Lot 6, Block 16.
5. Applicant shall revise the preliminary plat map to show how all existing
irrigation/drainage ditches aze to be treated. The revised plat map shall also clearly
show future easement lines for the North Slough relocation. All irrigation ditches,
laterals or canals, exclusive of the Lemp Canal adjacent to McMillan Road,
intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per
MCC 12-4-13. Plans will need to be approved by Settlers Irrigation District, or
lateral users association (ditch owners), with written approval or non-approval
submitted to the Public Works Department. If lateral users association approval
can't be obtained, plans will be reviewed and approved by the Meridian City
Engineer prior to final plat signature.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SAGUARO CANYON ESTATES SUBDIVISION / (PP-03-032)
8
Per the agreement made with the Larkwood HOA, Farwest, LLC will file any of
the ditches adjacent to the Larkwood Subdivision west boundary, including the
North Slough, North Slough #2 and Rosti Lateral, regardless of their minor
meandering across the subdivision boundary.
Meridian City Code 12-4-13-B requires that tiled ditches have a sloped bar-
grated inlet structure and access/cleanout boxes at a maximum of four hundred
foot (400') spacing and at all angle points of the pipeline. The applicant shall
address the access to each of these required structures, as some will fall within
the back yard of several lots.
6. Applicant shall construct a minimum 5-foot wide, detached sidewalk along the
entire subdivision frontage of McMillan Road and adjacent to the designated
collector roadways. Coordinate sidewalk location with ACHD and SID.
The applicant shall be responsible for the payment of sanitary sewer and water
assessment fees, as well as the actual physical connection of the existing house to
the municipal sewer and water systems. Existing wells and septic systems shall be
abandoned in accordance with the jurisdictional authority.
8. Prior to City of Meridian approval of any final plat including the 515 buildable
lot in this subdivision, a second, temporary vehicular access approved by the
Meridian Fire Department shall be constructed.
No more than 236 building permits will be issued until a second public access is
available, either connecting to a platted stub street or the temporary use of the
easement currently enjoyed by the Boyacks. If the latter is the choice, it will be
paved and at least 20 feet wide.
9. Prior to final plat submittal of the phase including Lot 34, Block 28, the applicant
shall provide Planning & Zoning staff with an approved sketch of how said lot may
be re-subdivided in the future. Said sketch should include a stub street to the south.
10. The applicant should address the status of discussions with SID on whether they
expect the encroachment of buildable lots into the North Slough easement to be
approved as proposed. A copy of the signed encroachment agreement will be
required with the final plat application for any lots impacted by said easement.
11. A permanent pedestrian easement, in favor of the City of Meridian, shall be
recorded for the regional pathway in each phase of the subdivision. The public
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SAGUARO CANYON ESTATES SUBDIVISION / (PP-03-032)
easement shall be recorded for the pathway prior to occupancy of any structures in
that particular phase of the subdivision. Submit a copy of the recorded easement to
the Planning and Zoning and Parks Departments. The easement shall be sufficient
width to cover the 10-wide pathway. The pedestrian easement is allowed to decrease
to 6 feet wide in front of Lots 7-12, Block 23 and Lot 71, Block 9, on the south side
of E. Mesa Bluffs Street. Buildings aze precluded from constructing within this
easement. The 10-foot wide hard surfaced pathway shall be constructed and fully
improved prior to the issuance of the first Certificate of Occupancy for any building
within the phase. Additionally, a note shall be added to the face of each final plat
indicating the City of Meridian is responsible for the maintenance of the pathway
surface located within the easement. Applicant shall conform to the Pazk's
Department standards for construction of the regional pathway. The Homeowner's
Association is responsible for maintenance of all landscaping adjacent to the
pathway. (Per action of the City Council taken at their Apri120, 2004 meeting.)
12. The gravity irrigafion box currently shown at the western end of Lot 13, Block 12
shall be relocated to provide a minimum 15-foot wide clear passage for pedestrians
and landscaping.
13. All aeeas being counted toward the 10% open space amenity shall be free of "wet
ponds" or other such nuisances. All stormwater detention facilities incorporated
into the required open space are subject to MCC 12-13-14 and shall be fully
vegetated with grass and trees, as depicted on the submitted landscape plans. Any
ACHD-required access driveways to serve stormwater areas that are located within
required open space lots shall be shown on the detailed landscape plans with each
final plat.
14. Comply with the Meridian Fire Department condition to designate the cul-de-sac
streets as "No Parking."
15. Phasing for the overall project maybe modified by staff level approval, provided
written explanation of phasing changes are provided by the applicant and final plat
approval request of said phases aze contiguous to previously approved phases.
16. Lots 26, 41, 43 and 44, Block 9 shall have a special condition, as agreed to with the
Larkwood HOA, that no structure on these lots shall exceed a height of 25 feet.
17. Prior to City of Meridian approval of a new, single-family building permit for the
area shown as Lot 34, Block 28, the area shall be combined with Ada Countypazcel
50530244450 (the existing driveway) to create a single flag lot with frontage on
Meridian Road. If not previously platted, said flag lot shall be included in the first
FIIVDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SAGUARO CANYON ESTATES SUBDIVISION / (PP-03-032)
10
final plat submitted that is north of Phase 5 (the existing Ada County parcel
50530244350). A one-time building permit is allowed to be issued for Ada County
parcel 50530244350 (the 60.89 acre Boyack parcel) prior to final plat recordation:
Any existing dwelling units on the parcel must be demolished prior to issuance of a
new building permit. (Added this condition per the City Council meeting held on
Apri120, 2004.)
STANDARD CONDITIONS
1. Written comments in response to the staff report and Conditions of Approval must
be submitted the Meridian's Planning and Zoning Department three days prior to
public hearing.
2. Please submit a copy of the Ada County Street Name Committee's approval letter
for the subdivision name, and the lot and block numbering. Make any corrections
necessary to conform.
3. Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
4. 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.
5. All micropaths within the proposed subdivision shall be designed in accordance
with MCC 12-13-15 "Micropath Landscaping".
6. A detailed landscape plan, in compliance with the landscape ordinance shall be
submitted for the subdivision with the final plat application, the landscape plan shall
include the location and design of any proposed playground equipment.
7. Sidewalks within the proposed subdivision shall be built in accordance with
MCC12-13-10-8.
8. 250 and 100-watt, high-pressure sodium streetlights will be required at locations
designated by the Public Works Department. All 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDTl'IONAL APPROVAL OF PRELIMINARY PLAT
SAGUARO CANYON ESTATES SUBDIVISION / (PP-03-032)
11
9. Please submit up to date groundwater/soils monitoring data to the Public Works
Department for review. Any drainage azeas (detention/retention basins) must be
designed to ensure that water will percolate within a period oftime not to exceed 24
hours for all storms up to and including a 100-yeaz storm event. Side slopes within
drainage azeas shall not exceed 3:1.
10. 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 have to be removed.
11. Developer shall coordinate mailbox locations with the Meridian Post Office.
12. 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 maybe used for non-domestic purposes such as landscape irrigation.
13. 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.
14. Applicant's engineer will be required to submit a signed, stamped statement
certifying that all street finish centerline elevations aze set a minimum of three feet
above the highest established normal groundwater elevation.
C. Adopt the Recommendations of ACHD as follows:
1. Do NOT dedicate additional right-of--way on McMillan Road abutting this parcel.
2. Construct a 10-foot wide (minimum) asphalt pathway just north of the canal, as
proposed.
Construct the main entrance, North Red Horse Way, to intersect McMillan Road
approximately 515-feet east of the west property line to align with the main
entrance of Cobre Basin Subdivision (aka Havasu Creek Subdivision), as
proposed.
4. Construct an eastbound center tum lane at the intersection of McMillan Road and
North Red Horse Way. Install the left- turn lane either when the project begins
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SAGUARO CANYON ESTATES SUBDIVISION / (PP-03-032)
12
construction or when the warrant is met. The warrant will be met at the final
platting of lot 115. Coordinate the design of the turn lane with District staff.
5. Construct North Red Horse Way as a collector roadway with two travel lanes that
are separated by a center island with center tum pockets at each public roadway
intersection with vertical curb, gutter and 5-foot meandering concrete sidewalk
within 75-feet ofright-of--way, as proposed. Provide the District with an
easement for any part of the sidewalk that extends outside of the right-of--way.
6. Construct Ocelot Court (from North Red Horse Way to the west), Red Hills
Avenue (from Joshua Tree Street to West Prickly Pear Court), West Prickly Pear
Court, North Saguaro Hills Place, North Cactus Hills Avenue, North Pinery
Canyon Place, North Claret Cup Place, and North Red Hills Place (from West
Cholla Hills Street to the south) as 29-foot street sections with curb, gutter and a
5-foot detached sidewalk within 50-feet ofright-of--way, as proposed. Parking is
restricted to one side and the applicant is required to provide the District with
documentation that showing the review and approval from the Meridian Fire
Department. . If the applicant would like to construct the 29-foot street sections
as 33-foot street sections with curb, gutter and sidewalk within 50-feet ofright-
of-way, the applicant may do so.
7. Construct the remaining roadways as 33-foot street sections with curb, gutter and
a 4-foot detached concrete sidewalk within 50-feet ofright-of--way, as proposed.
8. Construct a 20-foot wide residential driveway for lot 4 block 11 that intersects
North Red Horse Way approximately 400-feet north of McMillan Road, as
proposed.
9. Construct a stub street to the west property line approximately 1,950-feet north of
McMillan Road, as proposed. Install a sign at the terminus of the roadway
stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
10. Construct a stub street to the west property line approximately 750-feet south of
the north property line, as proposed. Install a sign at the terminus of the roadway
stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
11. Construct a stub street to the north property line approximately 110-feet east of
the west property line, as proposed. Install a sign at the terminus of the roadway
stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SAGUARO CANYON ESTATES SUBDNISION / (PP-03-032)
13
12. Construct a stub street to the north property line approximately 900-feet west of
the east property line, as proposed. Install a sign at the terminus of the roadway
stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
13. Construct a stub street to the north property line approximately 113-feet west of
the east property line, as proposed. Install a sign at the terminus of the roadway
stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
14. Construct a stub street to the east property line approximately 120-feet south of
the north property line, as proposed. Install a sign at the terminus of the roadway
stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
15. Construct a stub street to the east property line to the 29.7-acre site located to the
east of the subject property. Install a sign at the terminus of the roadway stating
that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
16. Construct two standard cul-de-sac tumazounds within the subdivision, as
proposed. Provide a minimum turning radius of 45-feet.
17. Construct four alternative turnarounds with parking located in the center of the
tumazounds, as proposed. Provide a minimum turning radius of 18-feet,
adequately accommodate for drainage and provide the District with
documentation showing the review and approval of the non standazd turnaround
from the Meridian Fire Department. Submit a design of the tumazound for
review and approval by District Development Division staff.
18. Construct center islands/medians within the publicright-of--way of North Red
Horse Way, as proposed. Provide a minimum of a 20-foot street section on
either side of any proposed center island within the public roadway. The
medians are required to be constructed a minimum of 4-feet wide to total a
minimum of a 100-square foot area.
19. Construct islands (with parking) within four of the proposed turnarounds, as
proposed. Provide a minimum of a 29-foot street section on either side of any
proposed center islands within the tumazounds. The medians are required to be
constructed a minimum of 4-feet wide to total a minimum of a 100-square foot
area.
20. Other than the access point that has been specifically approved with this
application, direct lot access to North Red Horse Way is prohibited. Notes of
this restriction shall be placed on the final plat.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SAGUARO CANYON ESTATES SUBDIVISION / (PP-03-032)
14
21. Other than the access point that has been specifically approved with this
application, direct lot access to McMillan Road is prohibited. Notes of this
restriction shall be placed on the final plat.
22. Comply with all Standard Conditions of Approval.
D. Adopt the Meridian Fire Department Recommendations as follows:
The following will be the requirements and/or concerns to provide mirrimum levels of fire
protection for the proposed project:
1. The project which wmprised of single 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.
2. Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
3. Final Approval of the fire hydrant locafions shall be by the Meridian Fire Department.
The proposed fire hydrant locations will be submitted to the Public Works for plan
review. The curbs in front of the fire hydrants will be required to be painted red. The
curb will be painted for a distance of 10' to each side of the hydrant location.
4. All roads and fire lanes shall have a turning radius of 28' inside and 48' outside.
5. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
6. Streets longer than 150' which are not provided with an outlet are required to have an
approved turn-azound.
Projects which serve greater than 50 homes with one point of access are required to
provide two approved access roads.
8. The proposed 461-lot subdivision with an esfimated 2.9 residents per household would
have a total estimated population of 1336 residents at build out. According to a report
completed by Fire & Emergency Services Consulting Group in February of 2000 our
requests for service are projected to reach 2800 in the year 2005 and 3800 by the year
2010, this is up from 2069 responses in the year 2000.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SAGUARO CANYON ESTATES SUBDIVISION / (PP-03-032)
15
9. The fire department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and
efficient response by fire and emergency medical service vehicles. This cost of this
installation is to be borne by the developer
10. No pazking will be permitted on the perimeter curb of the courts that contain a pazking
island. This azea will be denoted with a red curb.
11. The North ends of the following islands will be required to be shorten by 20' to
accommodate the turning radius of fire appazatus: Block 1, Block 2
12. The South ends of the following islands will be required to be shorten by 20' to
accommodate the fuming radius of fire apparatus: Block 2
E. Adopt the Recommendation of Settlers Irrigation District as follows:
All irrigation /drainage facilities along with their easements must be protected and
continue to function. The facilities involved are the Lemp Canal, North Slough
Lateral, North Slough No. 2 and the Rosti Lateral.
2. A Land Use Change Application must be on file prior to any approvals.
3. A license agreement MUST be signed and recorded prior to construction of any
S.I.D. facilities.
4. Any changes to the existing irrigation system such as relocation, tiling, and
landscaping must be approved by Settlers h-rigafion District.
5. All storm drainage must be retained on-site.
6. The development must supply irrigation access to all lots within the above-
mentioned subdivision. If the developer wishes to have Settlers Irrigation District
own, operate, and maintain the pressure irrigation system an agreement needs to be
in place prior to the pre-construction meeting.
F. 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SAGUARO CANYON ESTATES SUBDIVISION / (PP-03-032)
16
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.
G. Adopt the Recommendations of the Parks and Recreation Department as follows:
The pathway does not appear to connect through the development. The
City will not accept a pathway that does not connect from a major arterial
to another.
H. Adopt the action of the City Council taken at their Apri120, 2004 meeting as
follows:
For clarification:
1. Placed into record, and which is on file with the Meridian City Clerk's
office, is the better of Approval and Acceptance from Grant and Joyce Lee,
dated Apri120, 2004.
2. The Applicant, Farwest, LLC, per their letter dated January 6, 2004,
pertaining to Larkwood/Saguazo Canyon Agreements, agrees to provide the
following:
a. A 25' height restriction (measurement at the peak, to allow for a
second story bonus room only) on 41ots in the Saguazo Canyon
Subdivision along the Larkwood boundary (Lots 26, 41, 43 and 44,
Block 9).
b. To construct a vinyl fence with 1' lattice on the top along the
Larkwood west boundary.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SAGUARO CANYON ESTATES SUBDIVISION / (PP-03-032)
17
c. The Applicant has cut and reworked the lots on the original
submittal from 27 buildable lots to 20 buildable lots in the latest
plat. The 20 buildable lots remaining on the Lazkwood boundary
average 13,268 square feet. These 20 lots are an average of
42.85% larger than the average lot in Saguaro Canyon.
d. Tile the North Slough, North Slough #2 and the Rosti Laterals.
Farwest, LLC will also the any of the above mentioned ditches
adjacent to the Lazkwood west boundary regardless of their minor
meandering across the legal lot lines.
e. Provide a pressurized irrigation stub to each of the Lazkwood lots
adjoining Saguazo Canyon, providing the Larkwood homeowners
transfer sufficient water rights to the pump station diversion point
to provide for these stubs.
3. The Applicant submitted a revised preliminary plat dated Apri16, 2004, in
the corresponding preliminary plat PP-03-032, which removes several lots
on the east, west and north boundaries. The revised plat proposes 433
buildable lots (vs. 442) and has a gross density of 3.09 du/acre (vs. 3.15
du/acre). Other than the removal often (10) lots, no other modifications
were made to the corresponding preliminary plat, PP-03-032, the Apri16,
2004 preliminary plat is approved.
4. The Applicant also submitted afuture re-subdivision plan for Lot 34, Block
28 (the 5-acre Boyack lot).
5. A detailed fencing plan shall be submitted upon application of the final plat.
A 5-foot vinyl fence with one-foot of lattice on top is required adjacent to
the Lazkwood Subdivision. In addition, the Applicant has agreed to provide
a stamped concrete fence adjacent to Lots 1-9, Block 33 and Lot 37, Block
28.
6. Prior to City of Meridian approval of a new, single-family building
permit for the area shown as Lot 34, Block 28, the area shall be
combined with Ada County pazcel S0530244450 (the existing
driveway) to create a single flag lot with frontage on Meridian
Road. Ifnot previously platted, said flag lot shall be included in the
first final plat submitted that is north of Phase 5 (the existing Ada
Co. parcel S0530244350). A ona-time building permit is allowed to
be issued for Ada Co. parcel 50530244350 (the 60.89 acre Boyack
pazcel) prior to final plat recordation. Any existing dwelling units
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDTfIONAL APPROVAL OF PRELIMINARY PLAT
SAGUARO CANYON ESTATES SUBDNISION / (PP-03-032)
18
on the parcel must be demolished prior to issuance of a new
building permit.
7. A permanent pedestrian easement, in favor of the City of Meridian, shall be
recorded for the regional pathway in each phase of the subdivision. The
public easement shall be recorded for the pathway prior to occupancy ofany
structures in that particular phase of the subdivision. Submit a copy of the
recorded easement to the Planning and Zoning and Parks Deparhnents. The
easement shall be sufficient width to cover the 10-wide pathway. The
pedestrian easement is allowed to decrease to 6 feet wide in front of Lots 7-
12,Block 23 and Lot 71, Block 9, on the south side of E. Mesa Bluffs Street.
Buildings are precluded from constructing within this easement. The 10-foot
wide hazd surfaced pathway shall be constructed and fully improved prior to
the issuance of the first Certificate of Occupancy for any building within the
phase. Additionally, a note shall be added to the face of each final plat
indicating the City of Meridian is responsible for the maintenance of the
pathway surface located within the easement. Applicant shall conform to the
Park's Department standards for construction of the regional pathway. The
Homeowner's Association is responsible for maintenance of all landscaping
adjacent to the pathway.
8. Pertaining to the 24 foot access road, which will come in up in Phase 10, and
which the Boyack 5-acre property is part of the total parcel in this
annexation and zoning, the 24 foot access road shall be regulated as follows:
Within the Development Agreement there shall be a provision that the 24
foot lane will be limited to use for one single-family residence on that five
acres and no others, until such time as either that residence obtains other
access, other public access, and/or the five acres is approved for
redevelopment. At that time, the 5-acre Boyack property shall either: 1)
relinquish any rights to use that lane for access; 2) offer it for sale to either
the property owner on the north or the property owner on the south, at
appraised fair market value.
9. At the April 20, 2004 Council meeting, Dave McKinnon, the Applicant's
representative, addressed the neighboring property owners concerns over
traffic, density/transition, and collector roads. It is noted at the public
hearing by Dave McKinnon as follows:
Tra tc: Traffic has always been a concern, and there has been a recent
concern with the North Meridian Area Plan, as far as what is actually
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SAGUARO CANYON ESTATES SUBDIVISION / (PP-03-032)
19
happening with it presently. The impact fees that are paid for these types of
projects are spent in different areas currently, and you cannot have change in
the road system without the impact fees. Without the development there are
no impact fees, and there would not be the money to pay for the growth or
for improvements in the roads in the future. This growth is helping to pay,
through ACHD, for the fixing and building of roads in other areas and in the
future these roads will be fixed and maintained by ACHD.
Due to a large ditch that runs along McMillan Road the developer is not able
to construct a secondary access onto McMillan Road.
Densitv/Transition: The reason for the 90 degree pie-shaped lots, which are
located on the rear eastern end of the project, are that these lots would be
only approximately two lots for every single one within Larkwood. Across
the street the lots step down to 10,000 squaze feet; and which 10,000 square
foot lots are still larger than the minimum lot size. As you go farther back
into the subdivision until you cross the collector street those lots become
smaller. The lots within the subdivision range from 9,200 sq. ft. up to
11,000 sq. ft. in size. Located on the interior of the subdivision are large
lots. The smaller lots are located adjacent to the school site, to the
Ashenbrenner's site, and across the collector street, to help provide for
transition. The transition expands from east to west within the subdivision.
Collector Roads: The City would like to see collector streets at the half-
mile, but they don't have to align directly with the half mile, (such as the
Lochsa Falls development).
The Priddy property does not want traffic running right along the side of
their home and property, and the need for buffering this area could be
addressed by having the street come in at the half-mile location, and then jog
to the south. This would provide a buffer to the 24 foot wide street. The
Developer is in agreement of getting rid of the 24 foot wide road once
everything is developed. Upon complete build out of the Saguaro Canyon
Subdivision, then the 24 foot wide access road is something that the Wilsons
would have to work out with the Ashenbrenner property owners.
10. Jack Wilson provided a letter dated Apri19, 2004, which is placed on
record, and is on file in the Meridian City Clerk's office, stating they have
retained 5 acres of the land purchased from George and Betty Boyack to
eventually construct a home before city services will be available. He
provided a preliminary drawing as to the layout of the road and lot
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SAGUARO CANYON ESTATES SUBDIVISION / (PP-03-032)
20
designation. He also agreed in his letter that when city services become
available that they will disconnect from the well and septic system, and
then proceed with planning their remaining 4 '/z acres and connect to city
services.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAHINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner
may request a regulatory taking analysis. Such request must be in writing, and must be
filed with the City Clerk not more than twenty-eight (28) days after the final decision
concerning the matter at issue. A request for a regulatory takings analysis will toll the
time period within which a Petition for Judicial Review maybe filed.
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has
an interest in real property which maybe adversely affected by this decision 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
day of , 2004.
ROLL CALL
COUNCILMAN SHAUN WARDLE VOTED
COUNCILMAN BILL NARY VOTED
COUNCILMAN CHARLIE ROUNTREE VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SAGUARO CANYON ESTATES SUBDIVISION / (PP-03-032)
21
COUNCILMAN KEITH BIRD VOTED
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
Mayor Tammy de Weerd
Attest:
William G. Berg, Jr., City Clerk
Copy served upon Applicant, The Planning and Zoning Department, Public Works
Department and City Attorney.
City Clerk
Z:\Work\M1Meridian\Ivleridian 15360M\Saguaro Canyon Estates Sub AZ-03A27 PPA3-032 CUP-03-O58\FfClsOrdPP.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SAGUARO CANYON ESTATES SUBDPJISION / (PP-03-032)
22