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BEFORE THE MERIDIAN CITY COUNCIL
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
APPLICATION FOR ANNEXATION
AND ZONING OF 140.97 ACRES
FOR PROPOSED SAGUARO
CANYON ESTATES
SUBDIVISIONFROM RUT TO R-4,
LOCATED WITHIN SECTION 30,
T4N, R1E, THE SQUARE MILE
BORDERED BY CHINDEN BLVD.,
MERIDIAN, LOCUST GROVE AND
McMILLAN ROADS, MERIDIAN,
IDAHO
Case No. AZ-03-027
FARWEST, LLC,
APPLICANT
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
The above entitled annexation and zoning application having come on for public hearing
on February 10, 2004, and re-noticed for March 9, 2004, and continued until March 23, 2004,
April 13, 2004, and Apri120, 2004, at the hour of 7:00 p.m., 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDNISION
(AZ-03-027)
PAGE 1 OF 22
McKay, Dean Briggs, Mike Youngberg, Grant Lee, Brian McColl, and Robert Greiner, 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
There has been compliance with all notice and hearing requirements set forth in
Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1.
2. The City Council takes judicial notice of its zoning, subdivision and development
ordinances codified at Titles 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.
The property which is the subject of the application for annexation and
zoning as described in the application, is approximately 140.97 acres in size and is located within
Section 30, R4N., R1E, the square mile bordered by Chinden Blvd, Meridian, Locust Grove and
McMillan Roads, Meridian, Idaho, all within the Area of Impact of the City of Meridian and the
Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan.
4. The owners of record of the subject property are Robert and Marlene Rhead and
George and Betty Boyack and they have submitted an affidavit of legal interest to allow the
submission of subject applications. The Rheads own the 79.2 acre parcel that fronts on
McMillan Road and the Boyacks own the other 60.9 acre parcel. Applicant is Farwest, LLC,
represented by Justin Martin.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDIVISION
(AZ-03-027)
PAGE 2 OF 22
5. The property is presently zoned RUT (Ada County), and consists of a single-
family residence and vacant land.
6. The Applicant requests the property be zoned as R-4 (Low Density Residential).
The subject property is surrounded by the following properties and uses:
North: Two, 10-acre parcels with single family residences and a 22.95-acre parcel
with a single family residence, all zoned RUT (Ada Co.)
South: Two lots in Crestwood Subdivision (5-acre lots), zoned RUT, and Cobre
Basin (Havasu Creek Sub.), zoned R-4 (Meridian)
East: One, 10-acre parcel with a single family residence, a 29.7-acre parcel with
a single family residence, and Larkwood Subdivision (2-3 acre lots), all zoned
RUT (Ada County)
West: Two, 20-acre parcels with upper-scale residences and a 103.24-acre pazcel
with a single family residence, all zoned RUT (Ada Co:)
8. The Applicant proposes to develop the subject property in the following manner:
a 4321ot residential planned development with 45 common lots, with the total lots being 478.
9. The Applicant requests zoning of the subject real property as R-4, which is
consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates
the subject property as Medium Density Residential.
10. The North Slough Drain is a scenic feature that affects the consideration of this
application.
11. The City Council recognized the concerns of the following individuals:
•S the Lazkwood Homeowner's Association
• Kenneth Christensen (letter dated 12/3/03)
6• Michael S. Adkins (letter dated 1/22/04)
• 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDIVISION
(AZ-03-027)
PAGE 3 OF 22
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the Meridian City Clerk's office.
12. 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 aze imposed:
A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows:
1. Add a new condition to the Development Agreement (paragraph l .a.) which states: "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."
2. Add a new condition to the Development Agreement (paragraph l.b.) which states: "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."
3. Add a new condition to the Development Agreement (pazagraph l.c.) which includes the
following language, (Per City Council meeting Apri12Q 2004.):
"There shall be a hold harmless agreement executed by the Applicant in favor of the City
of Meridian that the Applicant will hold the City harmless from any and all damages for
any failure to provide sanitary sewer service until it is available in the ordinary course of
the City's sewer development program. Applicant agrees that by annexing this property,
City is under no obligation to provide sewer services to the property on the Applicant's
timetable. No subdivision improvements beyond Phase 1 (that southerly portion of
Saguaro Canyon Estates which will gravity flow to the lift station in Cobre Basin
Subdivision) can begin until the North Slough Sewer Trunk's easements aze finalized by
the City and the trunk construction schedule is finalized with the civil contractor that is
awazded the bid."
B. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows:
1. The applicant/owners shall enter into a Development Agreement (DA) with the City of
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDIVISION
(AZ-03-027)
PAGE 4 OF 22
Meridian. A condifion of the DA shall be that the applicant participates in any road
infrastructure agreements in the North Meridian Planning Area negotiated with ACRD and
shall faithfully perform the terms of such agreement or agreements.
2. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service, per City Ordinance Section 5-7-517, when services
are available from the City of Meridian. Wells may be used for non-domestic purposes
such as landscape irrigation.
3. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting,
crossing or lying adjacent and contiguous to the parcel 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. 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.
4. Any future subdivision, planned development, uses and construction shall comply with the
City of Meridian ordinances in effect at the time.
C. Adopt the ACHD conditions listed in their report dated November 13, 2004, which report
lists required site-specific requirements, conditions of approval and street improvements.
D. 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
Letter ofApproval 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/Saguaro 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 Saguaro 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.
c. The Applicant has cut and reworked the lots on the original submittal from
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDIVISION
(AZ-03-027)
PAGE 5 OF 22
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% lazger 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 regazdless of their minor meandering across the
legal lot lines.
e. Provide a pressurized irrigation stub to each ofthe Larkwood lots adjoining
Saguaro Canyon, providing the Lazkwood homeowners transfer sufficient
water rights to the pump station diversion point to provide for these stubs.
The Applicant submitted a revised preliminary plat dated April 6, 2004, in the
corresponding preliminary plat PP-03-032, which removes several lots on the east,
west and north boundaries. The revised plat proposes 432 buildable lots (vs. 442)
and has a gross density of 3.09 du/acre (vs. 3.15 du/acre). Other than the removal of
ten (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 a future 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 Larkwood
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 parcel 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 final plat submitted that is north of Phase 5 (the
existing Ada Co. parcel 50530244350). Aone-time building permit is
allowed to be issued for Ada Co. 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.
7. A permanent pedestrian easement, in favor ofthe 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 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONIIVG SAGUARO CANYON ESTATES SUBDIVISION
(AZ-03-027)
PAGE 6 OF 22
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 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 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, 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 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 2Q, 2004 Council meefing, 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 ec: Traffic has always been a concern, and there has been a recent concern with
the North Meridian Area Plan, as faz as what is actually happening with it presently.
The impact fees that are paid for these types of projects aze 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 ACRD, for the fixing and building ofroads 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/Transitian: The reason for the 90 degree pie-shaped lots, which aze located
on the rear eastern end ofthe project, are that these lots would be only approximately
two lots for every single one within Lazkwood. Across the street the lots step down
FIIVDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDIVISION
(AZ-03-027)
PAGE 7 OF 22
to 10,000 square feet; and which 10,000 square foot lots aze 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 rs,nning 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.
13. It is found that the requested zoning designation, R-4, is harmonious with and in
accordance with the effective Comprehensive Plan ('02) and the Future Land Use Map, which
designates the land to be "Medium Density Residential". There is a minimum target density ofthree
(3) du/acre in the Comprehensive Plan and Saguaro Canyon's gross density is 3.09 du/acre. The
Future Land Use Map shows a potential public park site, regional pathway,. and future school site in
this section. The Applicant proposes to construct a 10-foot-wide regional path from the parcel's
west boundary to the northeast boundary. Joint School District No. 2 has purchased 40 acres of the
110-acre Aschenbrenner pazcel to the west for a middle school site and they aze not pursuing any
further land acquisitions in Section 30 at this time. There is no awazeness that any efforts of the
Meridian Parks and Recreation Department is undertaking to acquire land within this section for a
public park.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDIVISION
(AZ-03-027)
PAGE 8 OF 22
The Comprehensive Plan contains policies which encourage development to be phased in
accordance with their connection to the sewer system (policy #8, page 108 )and similar policies
aimed at controlling growth. The majority of this development precedes the permanent sewer trunk
line that is intended to serve this area (North Slough).
The Comprehensive Plan policies which generally support the annexation request are as
follows:
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
14. It is not anticipated that the applicant intends to rezone the subject property in the
future. This is the first urban-scale development and annexation application in Section 30, T4N,
Rl E. Upon extension of the North Slough Trunk into this square mile, additional rezone requests are
anticipated.
15. It is found that the proposed single-family residential subdivision would be allowed
within the requested R-4 zone, with a Planned Development to allow the reduced frontages, lot sizes
and house sizes.
16. It is found that the land directly south of the subject property was approved for
development similar to the proposed subdivision in 2002 (Cobre Basin/Havasu Creek). There is an
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDIVISION
(AZ-03-027)
PAGE 9 OF 22
existing church (Holy Apostle's Catholic) approximately 260 feet north of this property's north
boundary. Also, a new elementary school is cun•ently being constructed in the northeast comer of
the section (approved through Ada County), approximately 1,000 feet from the subject parcel. It is
found that the requested zoning district (R-4) is harmonious with several other approved
developments in the North Meridian Area (e.g. Havasu Creek, Bridgetower, Lochsa Falls, Cedaz
Springs).
Neither McMillan or Meridian Road (between Chinden and McMillan) are programmed
within ACHD's Five Year Work Program. McMillan Road is in ACHD's Capital Improvement
Program and is anticipated to be reconstructed in 2018. The property is designed to sewer into a
portion of the North Slough Trunk that is not yet constructed.
It is found that the requested zoning and annexation could be deemed premature for this
section (T.4N., R.IE, Section 30) based on the Comprehensive Plan policies noted in 13 above.
However, the approval of Havasu Creek Subdivision and the school district's intent to construct a
new Middle School in the next two to three years demonstrates a certain degree of intent for the City
to expand in this area.
17. It is found that the proposed single-family residential use will not change the existing
rural character of the subject property. There are two estate-style properties abutting the west
boundary and a low density, county development to the east. Neither of these is expected to
redevelop in the neaz future. The intended character of the vicinity is a mix of urban and suburban
scale developments on a generally gridded street system with a focus on single-family and multi-
family housing at 3 to 8 d.u./acre. The proposed use is compatible with the Future Land Use Map.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDIVISION
(AZ-03-027)
PAGE 10 OF 22
The design and density conforms to most of the Comprehensive Plan policies.
18. It is not anticipated that the proposed residential uses will be hazardous. However, it
is found that the new residences may be disruptive to existing agricultural practices to the west and
north.
19. It is found that the property to be annexed will or can be served adequately by most
essential public facilities and services if all conditions of approval are met by the applicant. The
applicant shall be required to extend water mains to and through the proposed development, thereby
making them available to the adjacent properties. The applicant and/or future property owners will
be required to pay park and highway impact fees as well as construct on-site stormwater drainage
facilities.
As noted under paragraph 13 above, the north two-thirds of the parcel are not served by
sanitary sewer. There shall be a hold harmless agreement executed by the Applicant in favor of the
City of Meridian that the Applicant will hold the City harmless from any and all damages fro any
failure to provide sanitary sewer service until it is available in the ordinary course of the City's sewer
development program. The Applicant agrees that by annexing this property, the City is under no
obligation to provide sewer services to the property on the Applicant's timetable. No subdivision
improvements beyond Phase 1 (the southerly portion of Saguaro Canyon Estates which will gravity
flow to the lift station in Cobre Basin Subdivision) can begin until the North Slough Sewer Trunk's
easements are finalized by the City and the trunk construction schedule is finalized with the civil
contractor that is awarded the bid.
Review of the ACHD, Police and the Fire Department comments concerning this subdivision
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDIVISION
(AZ-03-027)
PAGE 11 OF 22
will provide further information regarding public services and facilities.
20. It is found that there will not be excessive additional requirements at public cost for
public services and facilities, if the applicant complies with the conditions of approval for the
accompanying conditional use permit and preliminary plat applications.
21. It is recognized that traffic and noise will increase significantly upon build-out of the
proposed subdivision. Referral of the TIS prepared by WGI that accompanies this application will
provide specific details on traffic impacts. Specifically, the Red Horse Way/McMillan intersection
(serving both Havasu Creek and Saguazo Canyon) will create congestion on McMillan Road, even
with the center turn lane and right turn lanes constructed. However, it is not felt that the amount
generated will be detrimental to the public welfare if all City and ACRD conditions of approval are
met.
It is found that the proposed subdivision will not involve uses that would create other
nuisances that would be detrimental to the general welfare of the surrounding area.
22. It is found that the subdivision's vehicular approaches off of McMillan Road will
need to be aligned with the existing public street on the south side of McMillan and comply with the
turn lane and intersection control conditions imposed by ACRD. The other proposed roadways will
need to be improved in compliance with ACHD requirements in order to alleviate interference with
the existing and proposed intersections. Review of ACRD comments concerning vehicular
approaches and traffic generation will provide additional information on this matter. ACHD has
approved Saguazo Canyon application.
23. It is found that no natural or scenic features of major importance will be lost or
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDIVISION
(AZ-03-027)
PAGE 12 OF 22
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damaged by approving the annexation and re-zone. The North Slough does bisect the property and is
proposed to be piped underground. However, this facility is not considered to be a feature of"major
importance" for the community. Any existing trees lazger than 4" caliper that are removed shall be
mitigated for, per the Landscape Ordinance.
24. It is found that water, irrigation, solid waste, library and street services are
available to the site. Sewer and fire service aze readily available to approximately 50 of the 442
buildable lots. Existing elementazy school capacity remains an important but undetermined factor
for this subdivision. In his November 10, 2003 letter to the city, Mr. Wendel Bigham states that
"additional students will further compound the current overcrowded situation. Residents cannot
be assured of attending the neighborhood school." Both Havasu Creek and Paramount
Subdivision, approximately %z miles to the west, have been approved for new elementary schools,
although neither of these sites has a construction date at this time.
Long-range planning in the North Meridian area has been underway since 2001. This area
is a part of the North Meridian Area Plan. The proposed use and density generally comply with
this plan. It is found that the annexation of this property may or may not be in the best interest of
the City. In particular, paragraphs 13 and 16 above, raise concerns about the timing of expanding
the city limits into Section 30 (T4N, R1E) prior to all municipal and school district services
being fully addressed.
25. 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. 12, and all sub-parts, the
economic welfare of the City and its residents and tax and rate payers will be protected, a
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDIVISION
(AZ-03-027)
PAGE 13 OF 22
condition of annexation and zoning designation.
26. It is also found that the development considerations as referenced in Finding No.
12 are reasonable to require and must be taken into account, in order to assure the proposed
development is designed, constructed, operated and maintained in a manner which is harmonious
and appropriate in appearance with the existing, or intended character of the general vicinity, in
order to assure that the proposed use will not change the essential chazacter of the affected
vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing,
or future neighboring uses, pazticulazly considering the impact of proposed development on
potential to produce excessive traffic, noise, smoke, fumes, glare and odors.
CONCLUSIONS OF LAW
The City of Meridian has authority to annex real property upon written request for
annexation and the real property being contiguous or adjacent to city boundaries and that said
property lies within the area of city impact as provided by Idaho Code Section 50-222. The
Meridian City Code § 11-16 provides the City may annex real property that is within the
Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan.
2. The Council may take judicial notice of government ordinances, and policies, and
of actual conditions existing within the City and State.
3. The City of Meridian has exercised its authority and responsibility as provided by
"Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the
adoption of the Amended Comprehensive Plan City of Meridian adopted August 6, 2002,
Resolution No. 02-382.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDIVISION
(AZ-03-027)
PAGE 14 OF 22
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4. The following are found to be pertinent provisions of the City of Meridian
Comprehensive Plan and aze applicable to this Application:
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, #b
Ch. VII, Goal III, Obj. B, #3
Ch. VII, Goal VI, Obj. C, #3
Ch. VI, Goal fV, Obj. A, #10
Ch. VI, Goal 1V, Obj. A, #13
Ch. VII, Goal V, Obj. A, #8
The zoning of (R-4) Low Density Residential is defined in the Zoning Ordinance at §
11-7-2 C as follows:
(R-4I Low Density Residential District: Only single-family dwellings shall be permitted
and no conditional uses shall be permitted except for planned residential development and
public schools. The purpose ofthe R-4 District is to permit the establishment of low density
single-family dwellings, and to delineate those azeas where predominantly residential
development has, or is likelyto occur in accord with the Comprehensive Plan of the City, and
to protect the integrity of residential areas by prohibiting the intrusion of incompatible
nonresidential uses. The R-4 District allows for a maximum of four (4) dwelling units per
acre and requires connection to the Municipal water and sewer systems of the City.
6. Since the annexation and zoning of land is a legislative function, the City has
authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105
Idaho 65, 665 P2d 1075 (1983).
The development of the annexed land, if annexed, shall meet and comply with the
Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to
development time schedules and requirements; Section 12-4-13, which pertains to the piping of
ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND' DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDIVISION
(AZ-03-027)
PAGE 15 OF 22
Subdivision and Development Ordinance of the City of Meridian.
8. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner
and/or developer shall enter into a Development Agreement.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does
Order:
The applicant's request for annexation and zoning of approximately 140.97 acres to
Low Density Residential (R-4) is granted subject to the terms and conditions ofthis Orderhereinafter
stated.
2. The application is for annexation and zoning of 140.97 acres. The legal description
shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform
to all the provisions of the City of Meridian Resolution No. 158. The legal description for
annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686.
3. Developer shall be required to 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 Special Recommendations of the Planning and Zoning Commission as follows:
Add a new condition to the Development Agreement (paragraph l .a.) which states: "No
more than 50 homes can be built until both the North Slough Trunk and a second
emergency access, constructed to the safisfaction of the Meridian Fire Department, are
built "
2. Add a new condition to the Development Agreement (paragraph l.b.) which states: "No
more than 236 building permits will be issued unfil a second public access is available,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDNISION
(AZ-03-027)
PAGE 16 OF 22
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."
3. Add a new condition to the Development Agreement (paragraph l.c.) which includes the
following language, (Per City Council meeting Apri120, 2004.):
"There shall be a hold harmless agreement executed by the Applicant in favor of the City
of Meridian that the Applicant will hold the City harmless from any and all damages for
any failure to provide sanitary sewer service until it is available in the ordinary course of
the City's sewer development program. Applicant agrees that by annexing this property,
City is under no obligation to provide sewer services to the property on the Applicant's
timetable. No subdivision improvements beyond Phase 1 (that southerly portion of
Saguaro Canyon Estates which will gravity flow to the lift station in Cobre Basin
Subdivision) can begin until the North Slough Sewer Trunk's easements are finalized by
the City and the trunk construction schedule is finalized with the civil contractor that is
awarded the bid."
B. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows:
The applicant/owners shall enter into a Development Agreement (DA) with the City of
Meridian. A condition of the DA shall be that the applicant participates in any road
infrastructure agreements in the North Meridian Planning Area negotiated with ACRD and
shall faithfully perform the terms of such agreement or agreements.
2. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service, per City Ordinance Section 5-7-517, when services
are available from the City of Meridian. Wells may be used for non-domestic purposes
such as landscape irrigation.
3. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting,
crossing or lying adjacent and contiguous to the parcel 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 ornon-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.
4. Any future subdivision, planned development, uses and construction shall comply with the
City of Meridian ordinances in effect at the time.
FIIVDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDIVISION
(AZ-03-027)
PAGE 17 OF 22
C. Adopt the ACHD conditions listed in their report dated November 13, 2004, which report
lists required site-specific requirements, conditions of approval and street improvements.
D. 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
Letter of Approval and Acceptance from Grant and Joyce Lee, dated Apri12Q, 2004.
2. The Applicant, Farwest, LLC, per their letter dated January 6, 2004, pertaining to
Larkwood/Saguaro 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 4 lots in the Saguaro 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.
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 Larkwood 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 Larkwood
west boundary regardless of their minor meandering across the legal lot lines.
e. Provide a pressurized irrigation stub to each of the Larkwood lots adjoining
Saguaro 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 April 6, 2004, in the
corresponding preliminary plat PP-03-032, which removes several lots on the east,
west and north boundaries. The revised plat proposes 432 buildable lots (vs. 442)
and has a gross density of 3.09 du/acre (vs. 3.15 du/acre). Other than the removal of
ten (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 a future re-subdivision plan for Lot 34, Block 28 (the
5-acre Boyack lot).
5. A detailed fencing plan shall be submitted upon application ofthe final plat. A 5-foot
vinyl fence with one-foot of lattice on top is required adjacent to the Larkwood
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDNISION
(AZ-03-027)
PAGE 18 OF 22
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 parcel
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
final plat submitted that is north of Phase 5 (the existing Ada Co. parcel
S0530244350). A one-time building permit is allowed to be issued for Ada Co.
pazcel 50530244350 (the 60.89 acre Boyack parcel) prior to final plat recordafion.
Any existing dwelling units on the parcel must be demolished prior to issuance of a
new building permit.
A permanent pedestrian easement, in favor ofthe 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 of any structures in that particular
phase of the subdivision. Submit a copy of the recorded easement to the Planning
and Zoning and Pazks 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 ofthe pathway surface located within the
easement. Applicant shall conform to the Park's Department standazds 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, 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 Ageeement 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 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 properly owner on the south, at appraised fair
mazket value.
9. At the April 20, 2004 Council meeting, Dave McKinnon, the Applicant's
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDPJISION
(AZ-03-027)
PAGE 19 OF 22
• !
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 faz as what is actually 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 ofroads in other azeas and
in the future these roads will be fixed and maintained by ACHD.
Due to a lazge 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 ofthe project, are that these lots would be only approximately
two lots for every single one within Lazkwood. Across the street the lots step down
to 10,000 squaze feet; and which 10,000 square foot lots. aze 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 Saguazo Canyon Subdivision, then the 24 foot wide access road is something
that the Wilsons would have to work out with the Ashenbrenner property owners.
4. The City Attorney shall prepaze for consideration by the City Council the appropriate
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDIVISION
(AZ-03-027)
PAGE 20 OF 22
s
ordinance for the annexation and zoning designation of the real property which is the subject of the
application to (R-4) Low Density Residential District, and Meridian City Code § 11-7-2.
Subsequent to the passage of the Ordinance provided for in section 4 of this Order the
engineering staffof the Public Works Department shall prepare the appropriate mapping changes of
the official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance
with the provisions of the annexation and zoning ordinance.
NOTICE OF FINAL ACTION
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDIVISION
(AZ-03-027)
PAGE 21 OF 22
COUNCILMAN SHAUN WARDLE VOTED_ ~~
COUNCILMAN BILL NARY VOTED_z~
COUNCILMAN CHARLIE ROUNTREE VOTED_G
COUNCILMAN KEITH BIRD VOTED_z'/~-
MAYOR TAMMY de WEERD (TIE BREAKER) VOTED
DATED: ,~ ~~ O9=-
MOTION:
APPROVED: DISAPPROVED:
Attest:
/o~~r\
.~' Fo
s~AL
William G. Berg, Jr., City`~lerk~ '; 'yam asp yst ~ 1 ~'
,,' .y C ~P~~~`
Copy served upon Applicant, the Planning'ar}~~~i {i ~~}~arpnent, Public Works Department and
~unnn
the C`'ityyA~tt~orney.
By: ~Jt1~lUl Dated:~Q 1 ,l I~~
City Clerk ~~
Z:\Work\MVvleridian\Ivleridian 15360M\Saguaro Canyon Estates Sub AZ03-027 PPA3-032 CUPA3-058\AZFfCI&Order.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDIVISION
(AZ-03-027)
PAGE 22 OF 22