HomeMy WebLinkAboutVentana Subdivision AZ-04-019 PP-04-026 CUP-04-028
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of Annexation and Zoning of 64.48 Acres from RUT (Ada Co.) to R-8 Zone
AND Preliminary Plat Approval of Two-hundred and twenty (220) Buildable Lots and
Seventeen (17) Other Lots on 64.48 Acres, AND Conditional Use Permit Approval for a
Planned Development with Reduced Lot Frontages, Reduced Lot Size, Reduced Chord
Lengths and Increased Block Length, Including Clubhouse, Pool and Playground, by G.L.
Voigt Development Co.
Case Nos. AZ-04-019, PP-04-026, CUP-04-028
For the City Council Hearing Date of: January 11, 2005
A. Findings of Fact
1. Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the first publication appearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300')
of the external boundaries of the property. The notice of public hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing. All other noticing was done consistent with Idaho Code §67-
6509.
b.
The matters were duly considered by the City Council at the January 11,2005,
public hearing(s). The applicant, affected property owners, and government
subdivisions providing services within the planning jurisdiction of the City of
Meridian were given full opportunity to express comments and submit evidence.
Written and oral testimony was received on this matter, as reflected in the records
of the City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony).
c.
The Planning and Zoning Commission conducted a public hearing and issued a
written recommendation on the subject matter to the City Council.
The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
d.
2. Process Facts
a. There has been compliance with all notice and hearing requirements set forth in
Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NOS. AZ-O4-0I9, PP-04-026 AND CUP-O4-028 - PAGE I of 5
3. Application and Property Facts
a. In addition to the application and property facts noted in the staff report and the
Planning & Zoning Commission Recommendation for the subjectapplication(s), it
is hereby verified that the property owner(s) of record at the time of issuance of
these findings are Kenneth L. and Sharon Aschenbrenner.
4. Required Findings per Zoning and Subdivision Ordinance
a. See Exhibit G for the findings required for the Annexation and Zoning application.
b.
b.
See Exhibit H for the findings required for the Preliminary Plat application.
See Exhibit I for the findings required for the Conditional Use Permit application.
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land
Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-
6503).
2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all
current zoning maps thereof. The City of Meridian has, by ordinance, established the
Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was
adopted August 6, 2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code
§ 11-17-9.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning and Zoning Department, the Public Works Department and
any affected party requesting notice.
7. That this approval is subject to the Legal Description in Exhibit A, the revised
Preliminary Plat dated October 14, 2004 as shown in Exhibit B, the revised CUP Site
Plan dated October 14, 2004 as shown in Exhibit C, and the Conditions of Approval in
Exhibits D, E and F. The conditions are concluded to be reasonable and the applicant
shall meet such requirements as a condition of approval of the application.
C. Decision and Order
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NOS. AZ-O4-0I9, PP-04-026 AND CUP-04-028 - PAGE 2 of 5
Pursuant tp 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 that:
1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat
dated October 14,2004 is hereby conditionally approved;
2. The applicant's CUP Site Plan as evidenced by having submitted the Site Plan dated
October 14,2004;
3. The following modifications to site specific conditions were made at the City Council
hearing;
a. PreliminarY Plat CPP-04-026)
i. Amend Condition #11 (second to last sentence) as follows - ". . .Applicant shall
coordinate with the eamaFffi Ie the Park's Department staRàaffis for construction
of the regional pathway."
ii. Delete last sentence of Fire Department condition #5 as follows - "To increase
emergency access to the site a minimum of two points of access will be requITed for any
portion of the project, which serves more than 50 homes. The twe ea!fanees shall "e se¡'Iaffilad
":,' Be less IbaR \ ç the èiagenalHlEJamH'eæeBt ef ilia J3fØj eet."
b. Conditional Use Permit (CUP-04-028)
i. Delete last sentence of Fire Department condition #5 as follows - "To increase
emergency access to the site a minimum of two points of access will be requITed for any
portion of the proj eel, which serves more than 50 homes. The twe æ1fllnees shall "e s8J3affi1ed
by Be less thæi ~ ç llie èiageœl ffieaffiH'eæoet ef the pFOj eel."
4. The site specific and standard conditions of approval are as shown in Exhibits D, E and
F.
D.Notice of Applicable Time Limits
1. Notice of Twelve (12) Month Preliminary Plat Duration
Please take notice that after the date of approval of the preliminary plat, the owner or
developer shall have one year within which to file the request for approval of the final
plat. After approval of final plat, the owner or developer shall have one year to begin
construction of the public utilities and one year thereafter to complete construction of
those public facilities (MCC 12-2-4.B & C).
2. Notice of Eighteen (18) Month Conditional Use Permit Duration
Please take notice that the conditional use permit shall be valid for a maximum period
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NOS. AZ-O4-019, PP-O4-026 AND CUP-O4-028 - PAGE 3 of 5
of eighteen (18) months unless otherwise approved by the council. During this time,
the permit holder must commence the use as permitted in accordance with the
conditions of approval, satisfy the requirements set forth in the conditions of approval,
acquire building permits and commence construction of permanent footings or
structures on or in the ground. In this context "structures" shall include sewer and
water lines, streets or building construction. The applicant has specified in the
application and to the commission and council a construction schedule and completion
date for the project. If the completion date specified for the project is exceeded, the
conditional use application shall become null and void. However, the applicant may
submit an application for a time extension on the project for city council review. The
application for time extension shall be submitted at least thirty (30) days prior to the
deadline for completion of the project. For projects requiring platting, the final plat
must be recorded within this eighteen (18) month period. For projects with multiple
phases, the eighteen (18) month deadline shall apply to the first phase. In the event that
the development is made in successive contiguous segments or multiple phases, such
phases shall be constructed within successive intervals of one year from the original
date of approval by the council. If the successive phases are not submitted within one
year intervals, the conditional approval of the future phases shall be null and void
(MCC 11-17-4.B.).
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. 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 may be filed.
2. Please take notice that this is a final action of the governing body ofthe City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F. Exhibits
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Legal Description
Approved Preliminary Plat
Approved CUP Site Plan
Annexation and Zoning Comments (all agencies)
Preliminary Plat Conditions of Approval (all agencies)
Conditional Use Permit Conditions of Approval (all agencies)
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NOS. AZ-O4-0I9, PP-04-026 AND CUP-04-028 - PAGE 4 of 5
Exhibit G: Annexation and Zoning Findings
Exhibit H: Preliminary Plat Findings
Exhibit I:
Conditional Use Permit Findings
By action of the City Council at its regular meeting held on the
:ß1~r1-- ' 2005.
~'7-1£ day of
COUNCIL MEMBER SHAUN WARDLE
VOTED~
VOTED~
COUNCIL MEMBER CHRISTINE DONNELL
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED~
VOTED-þ
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED
-
and City Attorney.
BY:,~ 01 ~ ~ 1 (V'--
City Clerk's Office
Dated: \ -2L.o --OS
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NOS. AZ-O4-0I9, PP-04-026 AND CUP-O4-028 - PAGE 5 of5
EXHIBIT A
Legal Description
Ventana Subdivision
PP-04-026
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(20S) SS4-S399
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Projeot No. 0314800
IlL VOIGT PARCEL
MERIDIAN AND McMILLAN ROADS
Portion, ofGovornmom Lots 3 and 4, and the WeoI lIoftbeEast II ofth. Southw.so II
of Section 30, T.4N., RIB., BM, Ada County, Idaho, more partù:uJady dos<nÒ<d.. ful1ows;
Commeacing ettbecomorcommonlo SocIion2S and 36 ofTAN.,llIW.,andsoction 31andtbe
said oedÍoa 30, fiom wmcb !be II =- commoo 10 said SO<tians 2S ",d 30 bears North
00'23'00"Eas1; 2640.l3ftoot; tbeaceNorthoo'23'oo' East, ID2S.oofòettotbe IlEAL POINT
OFBEGINNIN?G.
Theoœ CODIÚIuiII North 00"23'00" East, 1591.12 foetto a point which bears South
00"23'00" West, 24.oofòet fi'omdJo lI_commoo to said Sectiaoa2S and 30;
........ South 89"54'43" East, 1295.60!èet;
thoooe North 0D'23 '00" East, 24.00 lOot to. pnim 011 1he -W... mid-lIOCtiœlille;
thenco aIonglllid line SDDIb 89"54'43" I!asI, 461.94lOottodJo Nortbwost - nf!be
Wos! II of!be Eel Ii of dJo Sou1hwest \';
thence aIongtbe-1iue ofoaid WeoI II of the East II of1he Southwest ;¡ Sooth
00"29'24" West, 1619.47!èet;
thenocNorth89"46'I4"West, 1754.51 lòettotbePoiotofBO/IiDDÏI1g. ConWning64.48
- more or less. Subjoot to right-of-way fur Meridian RoacI along 1he West bm¡odary aU
other- of_or....
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EXHIBIT B
Preliminary Plat
Ventana Subdivision
(File PP-04-026)
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EXHIBIT C
Site Plan
Ventana CUP
(File CUP-04-028)
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EXHmlT D
Annexation and Zoning Comments
Ventana Subdivision (AZ-04-019)
1. The legal description submitted with the application (stamped by D. Terry Peugh on 5-13-04)
appears to meet the requirements of the City of Meridian and State Tax Commission and
places the parcel contiguous to existing city limits.
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.
3.
EXHIBIT E
Preliminary Plat
Conditions of Approval
Ventana Subdivision
(File PP-04-026)
SITE SPECIFIC CONDITIONS-PRELIMINARY PLAT
1.
Sanitary sewer service to this site shall be via main line extensions from the North
Slough Trunk that is currently in the design stage by the City of Meridian. 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 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.
This proposed development is currently not serviceable by the City of Meridian's
sanitary sewer system. Proceeding through the approval process is strictly the
risk of the applicant. The City of Meridian does not guarantee sewer service
within the development time frames outlined in Meridian City Ordinance.
2.
Water service to this site shall be via a 16-inch main line extension from a main
currently being designed by the City of Meridian. The City's project will extend
water service up N. Meridian Road to McMillan. The applicant will be
responsible for constructing the 16-inch diameter water mains to the mid-section
line, and a 12-inch main to the north boundary line extended in Meridian Road,
and a 12-inch diameter main through the development to the end of the stub street
into Saguaro Canyon. All other mains through this proposed development shall
be 8-inch diameter. 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 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.
The applicant has indicated that the pressurized irrigation system within this
development will be owned and maintain by the Ventana Home Owner's
Association. Plans and specifications for the irrigation system shall be reviewed
by the Public Works Department as part of the development plan review process.
A draft copy of the pressurized irrigation system O&M manual must be submitted
prior to plan approval, and the applicant shall be subject to irrigation plan review
fees. Underground year-round pressurized irrigation must be provided to all lots
Ventana Subdivision - PP-O4-026 - Exhibit E
Page I oflO
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, a single-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 areas prior to
signature on the final plat by the Meridian City Engineer.
4.
Prior to City Council approval of the final plat for Phase 4 (or whatever phase
incorporates the piping of the North Slough), the applicant shall submit a written
statement from Settlers Irrigation District to the P&Z Department clarifying the
required easement width for the North Slough drain. Applicant shall meet the
conditions of SID.
5.
Revise the preliminary plat to add a minimum 15-foot wide micropath lot
somewhere between Lot 11 and 14, Block 10 to increase connectivity to the
common lot. Construct a 5-foot, asphalt or concrete micropath within the lot and
landscape in accordance with MCC 12-13-15.
6.
To enhance pedestrian safety, the final plat construction drawings for Phases 1
and 4 shall include some form of designated crosswalks at all locations where the
10-foot and 6-foot multi-use pathway crosses a public right-of-way, such as
striping, pavers, or other alternative surface treatment. Said crosswalks shall be
coordinated with and approved by Meridian P&Z and ACHD staff.
7.
A detailed fencing plan shall be submitted upon application of the final plat for
each phase.
8.
The conceptual landscape plan submitted with the preliminary plat (Sheets PL-1
thru PL-3, dated 6/15/04 by The Land Group) is approved with the following
changes:
a. The 6-foot dogear cedar fence around Lot 1 in Blocks 3, 5, 7, 10 and 11
and around Lot 21, Block 9 shall be constructed as either a "good neighbor
fence" or orienting the vertical facing boards toward the public streets or
as otherwise approved by the Zoning Administrator.
b. The meandering sidewalk shown adjacent to N. Meridian Road is not
approved at the 4-foot width shown. This sidewalk must be at least 5 feet
wide.
c. The play area shown on Lot I, Block 3 is not approved in that location
(see CUP/PD site specific conditions).
d. As conceptually shown on Sheets PL-2 and PL-3, any stormwater
retention swales in the Meridian Road street buffer shall be designed in
accordance with MCC 12-13-14. The use of any sand or cobble shall be
designed as a dry creek bed or as otherwise approved by the Zoning
Administrator.
e. No trees will be allowed within the common lots that have sanitary sewer
Ventana Subdivision - PP-O4-026 - Exhibit E
Page 2 of 10
12.
13.
mains traversing through them. Relocate those trees show within these
lots to other locations within the development.
9.
All irrigation ditches, laterals or canals 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.
Iflateral users association approval can't be obtained, plans will be reviewed and
approved by the Meridian City Engineer prior to [mal plat signature.
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.
10.
Applicant shall construct a minimum 5-foot wide, detached sidewalk along the
entire subdivision frontage of Meridian Road and adjacent to the designated
collector roadways. Coordinate sidewalk location with ACHD.
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
easement shall be recorded for the pathway prior to the first Certificate of
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 (or 6-foot where the reduced pathway width is allowed). 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 coordinate with the Park's Department for construction
of the regional pathway. The Homeowner's Association is responsible for
maintenance of all landscaping adjacent to the pathway.
All areas 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.
Phasing for the overall project may be modified by staff level approval, provided
written explanation of phasing changes are provided by the applicant and final
Ventana Subdivision - PP-O4-026 - Exhibit E
Page 3 of 10
plat approval request of said phases are contiguous to previously approved phases.
GENERALCOMMENT~PRELIMINARYPLAT
1.
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.
2.
Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
3.
A letter of credit or cash surety in the amount of 110% will be required for all
fencing, landscaping, play equipment, pressurized irrigation, sanitary sewer,
water, etc., prior to signature on the final plat.
4.
All micropaths within the proposed subdivision shall be designed in accordance
with MCC 12-13-15 "Micropath Landscaping".
5.
A detailed landscape plan, in compliance with the landscape ordinance shaH be
submitted for the subdivision with the [mal plat application, the landscape plan
shaH include the location and design of any proposed playground equipment.
6.
Sidewalks within the proposed subdivision shall be built in accordance with
MCC12-13-10-8.
7.
250 and 100-watt, high-pressure sodium streetlights will be required at locations
designated by the Public Works Department. All streetlights shall be instaHed 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 shaH obtain
design and permit from the Public Works Department prior commencing
installations.
8.
Please submit up to date groundwater/soils monitoring data to the Public Works
Department for review. Any drainage areas (detention/retention basins) must be
designed to ensure that water win percolate within a period of time not to exceed
24 hours for all storms up to and including a tOO-year storm event. Side slopes
within drainage areas shall not exceed 3:1.
9.
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.
10.
Developer shall coordinate mailbox locations with the Meridian Post Office.
Ventana Subdivision - PP-O4-026 - Exhibit E
Page4ofiO
11.
Any existing domestic wells and/or septic systems within this project will have to
be removed from their domestic service per City Ordinance Section 9-1-4 and
9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation.
12.
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.
13.
Applicant's engineer will be required to submit a signed, stamped statement
certifying that all street finish centerline elevations are set a minimum of three
feet above the highest established normal groundwater elevation.
SPECIAL CONSIDERATIONS - PRELIMINARY PLAT
Status of Private Drivewav on North Boundarv: As a point of information for the
Commission and Council regarding Ventana Subdivision, staff is including the following
condition that was placed on Farwest, LLC as part of the Saguaro Canyon Estates
Development Agreement regarding the 24-foot gravel driveway on the north boundary of
Ventana :
"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 the five acre parcel is connected with a
dedicated public road, built in full compliance with ACHD's road bed, curb,
gutter, sidewalk and other right-of-way standards sufficient to provide the five
acre parcel in its current state, or as a re-subdivision with full public access. 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."
While the developer of Vent ana Subdivision has no control over the timing of when this
condition may occur, staff believes the intent of the condition is to eliminate any
possibility of the gravel driveway becoming a permanent and unsightly barrier between
the Priddy parcel to the north and Ventana Subdivision. We believe some level of
interconnectivity between these two properties as well as Saguaro Canyon should be
planned and the stub street to the north helps to accommodate this north-south
interconnection.
North Slough. Irrigation Easement: The applicant is proposing to pipe and re-align the
North Slough drain in the northeast corner of the property. The new gravity irrigation line
would lie entirely within common lots. While the prescriptive easement is 40 feet,
Settlers Irrigation District has not, to date, determined the ultimate easement width for the
North Slough after it is piped. If the 40-foot easement width is retained, it appears two or
three buildable lots may be impacted. The applicant will need to comply with Settlers
Irrigation District requirements and, if applicable, amend the final plat for Phase 4. (See
Site Specific Condition #4.)
Ventana Subdivision - PP-O4-026 - Exhibit E
Page5 of 10
FIRE DEPARTMENT CONDITIONS
1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute
available for duration of 2 hours to service the entire project. Fire hydrants shall be
placed an average of 400' apart. International Fire Code Appendix D
2. Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot
aisle.
b. The Fire hydrant shall not face a street which does not have addresses on
it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each
side of the hydrant location.
e. Fire Hydrants shall be placed on corners.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
3. All entrance and internal roads shall have a turning radius of 28' inside and 48'
outside radius.
4. Operational fire hydrants and temporary or permanent street signs are
before combustible construction begins.
required
5. To increase emergency access to the site a minimum of two points of access will be
required for any portion of the project, which serves more than 50 homes.
6. Building setbacks shall be per the Building Code for one and two story
construction.
7. The proposed 234-lot subdivision with an estimated 2.9 residents per household
would have a total estimated population of 679 residents at build out.
8. All portions of the buildings located on this project must be within 150' of a paved
surface.
PARKS DEPARTMENT CONDITIONS
1. Pathway and Trail standards: The Parks Department approves of the proposed 6-
foot width for a portion of the multi-use path. The applicant shall coordinate
construction of the pathway with the Meridian Public Works, P&Z and Parks
Departments.
2. Standard for City to assume Maintenance of a section of Pathway: The pathway,
if built, must connect from one major arterial to another, and either an easement
Ventono Subdivision - PP-04-026 - Exhibit E
Page 6 ofiO
or ownership deed must be granted before the city will assume the maintenance of
any section of pathway.
Ada CountY Hil!:hwav District Conditions
Site Specific Conditions of Approval
1.
The applicant shall do one of the following:
a. Dedicate by donation a total of35-feet of right-of-way from centerline (an
additiona110-feet from centerline) along Meridian Road, and construct a
minimum 5-foot wide concrete sidewalk along Meridian Road, located a
minimum of28-feet from the centerline of the right-of-way.
b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide
concrete sidewalk along Meridian Road, located a minimum of28-feet from the
centerline of the right-of-way, in an easement provided to the District.
c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide
concrete sidewalk along Meridian Road, located at the back edge of the existing
right-of-way. Accomplish all necessary adjustments to properly accommodate
existing drainage and utilities.
2.
Construct East Tatum Drive to intersect Meridian Road at the property's north
property line and align with the main entrance to Paramount Subdivision, as
proposed.
3.
Construct East Santiago Drive to intersect Meridian Road approximately 690-feet
north ofthe south property line, as proposed.
4.
Construct East Santiago Drive (from Meridian Road to North Isla Way) as a
residential collector with a 36-foot street section that includes vertical curb, gutter
and 5-foot (attached or detached) concrete sidewalk within 50-feet ofright-of-
way. Front on housing and parking shall be prohibited on this roadway.
5.
Construct East Tatum Drive (from Meridian Road to North Isla Way) as a
residential collector with a 36-foot street section that includes vertical curb, gutter
and 5- foot (attached or detached) concrete sidewalk on the north side of the
roadway and vertical curb, gutter and a 10-concrete multi-use pathway on the
south side of the roadway within 50-feet of right-of-way. Front on housing and
parking shall be prohibited on this roadway.
6.
Construct the internal roadways as 36-foot street sections with rolled curb, gutter
and 5-foot attached concrete sidewalk within 50-feet of right-of-way, as proposed.
Ventana Subdivision - PP-04-026 - Exhibit E
Page 7 of 10
13.
14.
7.
Construct a new stub street to the north property line approximately 600-feet west
of the east property line, as proposed. Install a sign at the terminus of the
roadway that states, "This roadway will be extended in the future."
8.
Extend East Montevina Street into the site from the east property line
approximately 940-feet north of the south property line, as proposed.
9.
Construct three cul-de-sac turnarounds without center islands within the
subdivision, as proposed. Provide a minimum turning radius of 45-feet for the
turnarounds.
10.
Construct Lot 18 and Lot 31 of Block 7 as pedestrian paths to the south property
line, as proposed.
11.
Construct Meridian Road to provide a minimum of 19-feet of pavement from the
centerline of Meridian Road abutting the entire site.
12.
Construct a minimum of 31- feet of pavement from the centerline of Meridian
Road for the East Tatum Drive intersection and the East Santiago Drive
intersection where the northbound right turn lanes were recommended by the
submitted traffic impact study.
Other than the access points that have specifically been approved with this
application, direct lot access to Meridian Road are prohibited. A note describing
the access restriction to Meridian Road will be required on the final plat.
Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1.
2.
3.
4.
5.
Any existing irrigation facilities shall be relocated outside of the right-of-way.
All utility relocation costs associated with improving street frontages abutting the
site shall be bome by the developer.
Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at
387-6258 (with file numbers) for details.
All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Ventana Subdivision- PP-O4-026 - Exhibit E
Page8ofiO
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
6.
The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required
design changes.
7.
Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8.
Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #198, also known as Ada County Highway District
Road Impact Fee Ordinance.
9.
It is the responsibility of the applicant to verify all existing utilities within the
right-of-way. The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
10.
No change in the terms and conditions ofthis approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County Highway
District. The burden shall be upon the applicant to obtain written confirmation of
any change from the Ada County Highway District.
11.
Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at
the time the applicant or its successors in interest advises the Highway District of
its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
Ventana Subdivision ~ PP-O4-026 - Exhibit E
Page90flO
Central District Health Conditions of Aooroval
1. This proposal can be approved for central sewage & central water after written
approval from appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of Environmental
Quality.
3. Run-off is not to create a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
5. The engineers and architects involved with the design of the subject project shall
obtain current best management practices for stormwater disposal and design a
stormwater management system that prevents groundwater and surface water
degradation.
Settlers Irril!:ation District Conditions
1. All irrigation I drainage facilities along with their easements must be protected and
continue to function. The facilities involved are the North Slough Lateral 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.LD.
facilities.
4. Any changes to the existing irrigation system such as relocation, tiling, and
landscaping must be approved by Settlers Irrigation 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.
Ventana Subdivision- PP-O4-026 - Exhibit E
PageIOoflO
EXHffiIT F
Conditional Use Permit
Ventana Subdivision
(File CUP-04-028)
SITE SPECIFIC CONDITIONS (Conditional Use Permit)
1.
Applicant shall meet all of the requirements of the preliminary plat as a condition
of the Conditional Use Permit.
2.
At least one of the required amenities within the development shall be located on
Lot 1, Block 10. Applicant shall submit details of the amenities with each final
plat application.
3.
A condition of the CUP/PD shall be that the applicant participates in any road
infrastructure agreements in the North Meridian Planning Area negotiated with
ACHD and shall faithfully perform the terms of such agreement or agreements.
4.
All development shall comply with the Americans with Disabilities Act and the
Fair Housing Act.
5.
The applicant shall provide/construct the following amenities within the
subdivision:
a. A 10-foot wide (and 6-foot where otherwise approved), public, asphalt
pathway, built as a continuous system from the intersection of Meridian
Road and E. Tatum Drive and extending to the east property line
(connecting to Saguaro Canyon Estates);
b. Playground equipment, provided in Lot 1, Block 11;
c. Over 10% of the gross area as open space; and
d. A clubhouse with restrooms and a swimming pool.
6.
The following deviations from the Zoning and Subdivision Ordinance (MCC Title
11 and 12) are approved as part of this application:
Lot Size-
CitY ReQuirement
R-8: 6,500 sq. ft. per lot
ADDroyed Lot Sizes
6,388 sq. ft. per lot
Frontages-
City Requirement
65' minimum
ADDroved Minimum Fronta~e
40' minimum
. Ventona Subdivision - CUP-04-028 - Exhibit F
Page I 00
Chord
Length -
City Reauirement
40' minimum
Annroyed Chord Length
35' minimum
Block
Length-
City Reauirement
1,000' maximum
Annroyed Lengths
1,760' maximum (withmicropath)
7.
All areas 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.
8,
A Certificate of Zoning Compliance must be obtained for the clubhouse and pool
prior to applying for building permits.
FIRE DEPARTMENT CONDITIONS
1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute
available for duration of 2 hours to service the entire project. Fire hydrants shall be
placed an average of 400' apart. International Fire Code Appendix D
2. Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a. Fire Hydrants shall have the 4 y," outlet face the main street or parking lot
aisle.
b. The Fire hydrant shall not face a street which does not have addresses on
it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each
side of the hydrant location.
e. Fire Hydrants shall be placed on corners.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
3. All entrance and intemal roads shall have a turning radius of 28' inside and 48'
outside radius,
4. Operational fire hydrants and temporary or permanent street signs are
before combustible construction begins.
required
5. To increase emergency access to the site a minimum of two points of access will be
required for any portion of the project, which serves more than 50 homes.
6. Building setbacks shall be per the Building Code for one and two story
construction.
Ventana Subdivision - CUP-04-028 - Exhibit F
Page 2 of 3
7. The proposed 234-lot subdivision with an estimated 2.9 residents per household
would have a total estimated population of 679 residents at build out.
8. All portions of the buildings located on this project must be within 150' of a paved
surface.
PARKS DEPARTMENT CONDITIONS
1. Pathway and Trail standards: The Parks Department approves of the proposed 6-
foot width for a portion of the multi-use path. The applicant shall coordinate
construction of the pathway with the Meridian Public Works, P&Z and Parks
Departments.
2. Standard for City to assume Maintenance of a section of Pathway: The pathway,
if built, must connect from one major arterial to another, and either an easement
or ownership deed must be granted before the city will assume the maintenance of
any section of pathway.
Ventana Subdivision - CUP-O4-028 - Exhibit F
Page 3 00
EXHIBIT G
Annexation and Zoning Findings
Ventana Subdivision
(File AZ-04-019)
The City Council hereby approves the following analysis of required findings by staff:
Sections 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a
proposed subdivision, the Commission/Council shall consider the objectives of this title and
at least the following:
A,
Will the new zoning be harmonious with and in accordance with the
Comprehensive Plan and. if not, has there been an application for a
Comprehensive Plan amendment;
Staff finds that the requested zoning designation, R-8, is harmonious with and in
accordance with the 2002 Comprehensive Plan and Future Land Use Map, which
designates the land to be Medium Density Residential. There is a minimum target
density of three (3) du/acre in the Comprehensive Plan and Ventana's gross density is
3.4ldu/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 center of their east
boundary (connecting to Saguaro's proposed pathway). Joint School District No.2
has already purchased a 41 acre site in the section and they are not pursuing any
further land acquisitions in Section 30 at this time (according to Wendell Bigham,
Facilities Director). P&Z Department staff is not aware of any efforts the Meridian
Parks & Recreation Department is undertaking to acquire land within this section for a
public park.
The Comprehensive Plan contains policies which encourage development to be phased
in accordance with their connection to the sewer system (see policy #8, page 108) and
similar policies aimed at controlling growth. The applicant has closely coordinated
with the Public Works Department on the extension and alignment of the North
Slough Trunk line through this property. Paramount Subdivision is currently
constructing the sanitary sewer and will stub to Meridian Road.
Below are some of the 2002 Comprehensive Plan policies which generally support the
annexation request (Staff analysis is shown in italics). The application also lists
several other policies which support annexation:
"Promote the design of attractive roadway entryway areas throughout Meridian
that will clearly identify the community." (Ch. V, Goal III, Obj. B. #7)
Ventana is proposing a 30-foot wide landscape buffer lot on Meridian Road
with a substantial amount of new landscaping and hardscaping therein.
Ventana Subdivision Findings of Fact and Conclusions of Law- AZ-04-019 - Exhibit G
Pagelof5
"New development should not rely on cul-de-sacs since they provide poor fire
access, walkability and neighborhood social life. New development and streets
should be designed to encourage walking and bicycling." (Ch. VI, Bullet #2,
pg.71)
Within the 64+ acre development, the preliminary plat proposes three (3) cul-
de-sacs. Staff believes these are acceptable and are justified to prevent
excessive straight-aways and achieve the highest and best use of the land.
"Require pedestrian access in all new developments to link subdivisions
together to promote neighborhood connectivity as part of a community
pathway system." (Ch. VI, Goal II, Obj. A, #5)
The plat proposes to extend both the regional pathway and future streets out of
Saguaro Canyon Subdivision and shows two (2) new pathway stubs to the
south, which will allow future middle school students to access the regional
pathway system.
"Coordinate with irrigation districts to provide multiple use of existing
irrigation easements." (Ch, VII, Goal III, Obj. B, #3)
The applicant is coordinating with Settlers Irrigation District to provide a new,
paved, IO'¡oot wide maintenance/pathway facility adjacent to the North
Slough.
"Require usable open space to be incorporated into new residential subdivision
plats."(Ch. VII, Goal IV, Obj. C, #3)
B,
Is the area included in the zoning amendment intended to be rezoned in the
future;
Staff does not anticipate that the applicant intends to rezone the subject property in the
future. This is only the third urban-scale development and annexation application in
Section 30, T4N, RlE. Upon extension of the North Slough Trunk into this square
mile, additional rezone requests are anticipated.
c,
Is the area included in the zoning amendment intended to be developed in the
fashion that would be allowed under the new zoning -for example, a residential
area turning into a commercial area by means of conditional use permits;
Staff finds that the proposed single family residential subdivision would be allowed
within the requested zoning district ofR-8, with a Planned Development to allow the
reduced frontages, reduced lot sizes and longer blocks.
D,
Has there been a change in the area or adjacent areas which may dictate that the
Ventana Subdivision Findings of Fact and Conclusions of Law- AZ-O4-0l9 - Exhibit G
Page 2 of 5
area should be rezoned, For example, have the streets been widened. new
railroad access been developed or planned or adjacent area being developed in a
fashion similar to the proposed rezone area;
Staff finds that the land to the east has been recently annexed and approved for single-
family residential lots in Saguaro Canyon Subdivision. Saguaro Canyon has a gross
density of 3.29 d.u./acre. Paramount Subdivision was annexed in 2003 and land
immediately west of Vent ana is zoned for professional office and single family uses.
Larkwood Subdivision east of Saguaro has lot sizes that run approximately 2 acres
each. The proposed density-3.41 d.u./acre gross-is very similar to Saguaro
Canyon. Thus staff finds that surrounding developments are mixed densities--either
the same or less, but the proposed density is within the anticipated range for a medium
density project. ACHD has also reviewed the adjacent street capacity and has
approved the proposed subdivision (with conditions).
Meridian Road (between Chinden and McMillan) is not 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.
E,
Will the proposed uses be designed. constructed, operated and maintained to be
harmonious and appropriate in appearance with the existing or intended
character of the general vicinity and that such use will not change the essential
character of the same area;
Staff finds that the proposed single family residential use will change the existing rural
character of the subject property. There are two estate-type properties north of
Ventana which, according to public testimony issued at prior Meridian hearings, are
not expected to redevelop in the near 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. The design and density
conforms to most of the Comprehensive Plan policies.
F.
Will the proposed uses not be hazardous or disturbing to existing or future
neighboring uses;
The Commission and Council should rely on public testimony (oral and written) to
determine whether or not the proposed uses will be disturbing or hazardous to the
existing or future neighboring uses.
Staff does not anticipate that the proposed residential uses will be hazardous.
However, staff finds that the new residences may be disruptive to existing agricultural
practices to the north. It should be noted, however, that the Commission and Council
made this finding in the affirmative during the Saguaro Canyon hearings for the same
rural properties.
Ventana Subdivision Findings of Fact and Conclusions of Law - AZ-O4-0I9 - Exhibit G
Page30f5
H,
I,
J,
G,
Will the area be served adequately by essential public facilities and services such
as highways, streets, police and fll'e protection, drainage structures, refuse
disposal, water, sewer or that the person responsible for the establishment of
proposed zoning amendment shall be able to provide adequately any of such
services;
Staff finds 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 sanitary sewer and 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.
Please review ACHD, Police and the Fire Department's comments concerning this
subdivision for further information regarding public services and facilities.
Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of the
community;
Staff finds 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.
Will the proposed uses not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any persons,
property or the general welfare by reason of excessive production of traffic,
noise, smoke, fumes, glare or odors;
Staff recognizes that traffic and noise will increase significantly upon build-out of the
proposed subdivision. The Commission and Council should refer to the TIS prepared
by WGI that accompanies this application for specific details on traffic impacts. The
traffic engineer determined that, even at project build-out in 2009, Meridian Road will
function at an LOS C or better. Staff does not feel that the amount generated will be
detrimental to the public welfare if all City and ACHD conditions of approval are met.
Staff finds 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.
Will the area have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding public
streets;
Staff finds that the subdivision's two vehicular approaches off of Meridian Road will
need to be aligned with the proposed public streets on the west side of Meridian Road
Ventana Subdivision Findings of Fact and Conclusions of Law - AZ-O4-0I9 - Exhibit G
Page 4 of 5
(Paramount) and comply with the turn lane and intersection control conditions
imposed by ACHD. The WGl study shows Meridian Road, north of McMillan Road
and south of ChindeniSH 20-26, to be LOS C or better at the 2009 build-out of
Ventana (5,531 ADT). 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.
The Commission and Council should review ACHD comments concerning vehicular
approaches and traffic generation. The ACHD Commission has approved the Ventana
Subdivision preliminary plat application.
K.
Will not result in the destruction, loss or damage of a natural or scenic feature of
major importance; and
Staff finds that no natural or scenic features of major importance will be lost or
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 larger than 4" caliper that are removed shall be mitigated for, per the Landscape
Ordinance.
L,
Is the proposed zoning amendment in the best interest of the City of Meridian,
(Ord, 592, 11-17-1992)?
Staff finds that sewer, water, irrigation, solid waste, library, fire and street services are
available to the site. Existing elementary school capacity remains an important but
undetermined factor for this subdivision. The school district has stated in the past (for
other North Meridian developments) that additional students will further compound
the current overcrowded situation and residents cannot be assured of attending the
neighborhood school. Both Havasu Creek and Paramount Subdivision 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. Staff finds that the annexation of this property is largely in the
best interest of the City.
Ventana Subdivision Findings of Fact and Conclusions of Law- AZ-O4-019 - Exhibit G
Page 5 of 5
EXHIBIT H
Preliminary Plat Findings
Ventana Subdivision
(File PP-04-026)
The City Council hereby approves the following analysis of required findings by staff:
Sections 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a
proposed subdivision, the Commission/Council shall consider the objectives of this title
and at least the following:
a, The conformance of the subdivision with the Comprehensive
Development Plan;
Staff finds the subdivision to be in substantial conformance with the
Comprehensive Plan, as noted in Finding "A" under Annexation and Zoning
above.
b, The availability of public services to accommodate the proposed
development;
As noted under Findings G and L under "Annexation and Zoning," Staff finds that
public services are available to accommodate the proposed development
c, The continuity of the proposed development with the capital
improvement program;
The proposed subdivision would not create any more additional requirements or
demands to the City than other residential uses. The Public Works Department
CIP includes the North Slough Trunk extension, a portion of which is proposed to
be constructed by the developer of Vent ana Subdivision.
d, The public fmancial capability of supporting services for the proposed
development;
Stafffmds 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.
Ventaoa Subdivision Findings of Fact and Conclusions of Law - PP-04-028 - Exhibit H
Page 1 of2
e. The other health, safety or environmental problems that may be brought
to the Commission's attention,
Other than previously noted, staff does not find any other health, safety or
enviromnental problems associated with this subdivision that need to be brought
to the Council or Commission's attention.
Ventana Subdivision Findings ofFac! and Conclusions of Law- PP-O4-028 - Exhibit H
Page 2 of2
EXHIBIT I
Conditional Use Permit Findings
Ventana Subdivision
(File CUP-O4-028)
The City Council hereby approves the following analysis of required [IDdings by staff:
The Commission and Council shall review the particular facts and circumstances of each
proposed conditional use in terms of the following and may approve a conditional use
permit if they shall find evidence presented at the hearing(s) is adequate to establish (11-
17-3):
A,
B,
c.
D.
E,
F,
That the site is large enough to accommodate the proposed use and all yards,
open spaces, parking landscaping and other features as may be required by
this ordinance;
Staff finds that the subject property is large enough to accommodate the requested
use and all other required features as noted above.
That the proposed use and development plan will be harmonious with the
Meridian Comprehensive Plan and in accordance with the requirements of
this Ordinance;
See Finding "A" under Annexation and Zoning.
That the design, construction, operation, and maintenance will be compatible
with other uses in the general neighborhood and with the existing or
intended character of the general vicinity and that such use will not adversely
change the essential character of the same area;
See Findings "D" and "E" under Annexation and Zoning.
That the proposed use. ü it complies with all conditions of the approval
imposed, will not adversely affect other property in the vicinity;
See Finding "F" under Annexation and Zoning.
That the proposed use will . be served adequately by essential public facilities
and services such as highways, street, police, and fire protection, drainage
structures, refuse disposal, water, sewer or that the person responsible for
the establishment of proposed conditional use shall be able to provide
adequately any such services;
See Finding "G" under Annexation and Zoning.
That the proposed use will not create excessive additional requirements at
Ventana Subdivision Findings of Fact and Conclusions of Law- CUP-O4-028 - Exhibit I
Page 1 of2
public cost for public facilities and services and will not be detrimental to the
economic welfare of the community;
See Finding "H" under Annexation and Zoning and' Finding "D" under
Preliminary Plat.
G,
That the proposed use will not involve activities or processes, materials,
equipment, and conditions of operation that will be detrimental to any
persons, property, or general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors;
See Finding "I" under Annexation and Zoning.
H,
That the proposed use will have vehicular approaches to the property which
shall be so designed as not to create an inteñerence with traffic on
surrounding public streets;
See Findings "I" and "J" under Annexation and Zoning.
I,
That the proposed use will not result in the destruction, loss or damage of a
natural, scenic or historic feature considered to be of major importance,
See Finding "K" under Annexation and Zoning.
Ventana Subdivision Findings of Fact and Conclusions of Law - CUP-04-028 - Exhibit I
Page 2 of2