HomeMy WebLinkAboutHacienda Subdivision AZ-04-034 PP-04-043 CUP-04-052
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LA WAND
DECISION & ORDER
In the matter of a request for Annexation and Zoning of 19.63 acres from RUT to R-8 zone
AND Preliminary Plat approval of ninety-six (96) single-family residential and twenty-eight
(28) common lots on 19.63 acres in a proposed R-8 zone AND Conditional Use Permit
approval for a Planned Development for a Residential Subdivision with Reduced Lot
Frontages, Reduced Lot Sizes, and Zero Lot Lines, including Clubhouse and Swimming
Pool for Hacienda Subdivision, by Doug Jayo.
Case No(s): AZ-04-034, PP-04-043, CUP-04-052
For the City Council Hearing Date(s) of: February 15 and March 1, 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.
The matter was duly considered by the City Council at the February 15, 2005 and
continued to the March 1,2005, 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.
b.
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).
The Planning and Zoning Commission conducted a public hearing and issued a
written recommendation on the subject matter to the City Council.
c.
d.
The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
2. Process Facts
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-O4-034, PP-O4-043, CUP-O4-052 - PAGE I of 5
There has been compliance with all notice and hearing requirements set forth in
Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
3. Application and Property Facts
a.
In addition to the application and property facts noted in the staff report and the
Planning & Zoning Recommendation for the subject application(s), it is hereby
verified that the property owner( s) of record at the time of issuance of these
findings is Michael Adkins (sale pending to Doug Jayo).
4. Required Findings per Zoning and Subdivision Ordinance
a.
See Exhibit F (Annexation and Zoning), Exhibit G (Preliminary Plat) and Exhibit H
(Conditional Use Permit) for the findings required for this application.
8. 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 (LC. §67-
6503).
a.
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 ofthe 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 fÌ:om 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 Preliminary Plat
in Exhibit 8, and the Conditions of Approval in Exhibit C, D and E. The conditions are
concluded to be reasonable and the applicant shall meet such requirements as a
condition of approval of the application.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-O4-034, PP-O4-043, CUP-O4-O52 - PAGE 2 of 5
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat
dated February 17,2005 (revision #4» is hereby conditionally approved; and
2. The applicant's Conditional Use PermitlPlanned Unit Development Site Plan as
evidenced by having submitted the Site Plan dated February 17, 2005 (revision #4) is
hereby conditionally approved; and
2. The conditions of approval are as shown in Exhibits C, D and E.
D. Notice of Applicable Time Limits (as applicable)
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 12-2-4.8 & 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
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 fmal 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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-O4-034, PP-O4-043, CUP-04-052 - PAGE 3 of 5
(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 of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F.
Exhibits
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Exhibit H:
Legal Description
Approved Preliminary Plat
Annexation and Zoning Comments
Preliminary Plat Conditions of Approval
Conditional Use Permit Conditions of Approval
Annexation & Zoning Findings
Preliminary Plat Findings
Conditional Use Permit Findings
¡ 5~ day of
By action of the City Council at its regular meeting held on the
mIlA c4 .) ,2005.
VOTED~
VOTEDfr
COUNCIL MEMBER SHAUN WARDLE
COUNCIL MEMBER CHRISTINE DONNELL
VOTED-þ
VOTED-þ
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
CITY OF MERlDIANFINDlNGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NOeS). AZ-O4-034, PP-O4-043, CUP-O4-052 - PAGE 4 of 5
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED
-
Attest:
and City Attorney.
( Å
A
By: ,J)AQl ~ i.N'\...<
City Clerk's Office
Dated: 3-1'í?-n¡:;
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NOeS). AZ-O4-034, PP-O4-043, CUP-O4-052 - PAGE 5 of 5
EXHIBIT A
Hacienda Subdivision
AZ-O4-034
Legal Description
Annexation Boundary DeSCription
For
JaVO Company
A pa""l for annexation PuIp069S located in Government LOIs 1 and 2 in theNW I'. of
Section 30, Township 4 Nor1h, Range 1 East, Boise Meridian, Ada County, Idaho, more
particularly described as follows;
Commencing at a brass cap monument marking the ooulhweat COfner of said NW Y.
(I'. comer). from which a 518 inch diamater iron pin m8l1<ing the northwest comer of said
Government Lot 2 baara N 0'02'03" W a distance of 1330.58 feet:
Thence N 0'02'03" W along the westerly boundary of Bald NW I'. a distance of 796.14
feet to the POINT OF BEGINNING;
Thence continuing 9Iong said westerly boundary N 0'02'03' W a distance of 534.44 feet
to a 518 inch diameter Iron pin;
Thence continuing along said westerly boundary N 0'01'30' W a distance of 261.12 feet
to a point;
Thence leaving said wesœrly boundary N 89°40'43" E a diatance of 1100.65 feet to a
51B inch diameter iron pin:
Thence 5 0'02'36" W along the easterly boundary of said Government Lots 1 and 2 a
dìs1ance of 795.12 feet to a 518 inch diameter iron pin:
Thence leaving said easterly boundery 5 89'39'20" W a distance of 1099.61 feet to the
POINT OF BEGINNING.
This parœl contain. 20.09 acres and is subject to any eaaements existin9 Of in use.
."IJ... ~,..rif':5J 1--
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\J\CI. ~¡, 100'
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Clinton W. Honsen, PL5
Lend 50lutiOOS, PC
November 8. 2004
EXHIBIT B
Hacienda Subdivision
(PP-O4-043, CUP-O4-052)
Approved Preliminary Plat/Site Plan
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EXHIBIT C
Annexation and Zoning Application
Hacienda Subdivision AZ-04-034
ANNEXATION AND ZONING COMMENTS
I. The legal description submitted with the application (stamped by Clinton W. Hansen on 11-
08-04) 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 fÌ:om their domestic service, per City Ordinance Section 5-7-517, when services are
available fÌ:om 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.
EXHIBIT D
Conditions of Approval
Preliminary Plat
Hacienda Subdivision
(File PP-O4-043)
SITE SPECIFIC CONDITIONS-PRELIMINARY PLAT
1.
Sanitary sewer service to this site shall be via main line extensions fÌ:om 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 fÌ:ames outlined in Meridian City Ordinance.
2.
Water service to this site shall be via a 16-inch main line extension fÌ:om 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. 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.
3.
The applicant has not indicated who will own and maintain the pressurized irrigation
system within this development. If the system remains private, plans and specifications
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 vear-round pressurized irrigation must be provided to all lots
within this development. The City of Meridian requires that pressurized irrigation
systems be supplied by a year-round source of water. Applicant shall be required to
utilize any existing surface or well water for the primary source. If a surface or well
source is not available, a single-point connection to the culinary water system shall be
Hacienda Subdivision - PP-O4-043 - Exhibit D
Page 1 of6
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.
If the request is approved by the irrigation district, for all unpiped (open) sections of the
North Slough Lateral, slopes shall not be steeper than 4: I. A "typical" detail of the cross-
section of these sections shall be submitted to the P&Z Department for approval with the
final plat landscape plan. The City Council supports the applicant's intention to not pipe
the North Slough Lateral.
5.
Prior to City Council approval of the final plat, the applicant shall submit a written
statement fÌ:om Settlers Irrigation District (SID) to the P&Z Department clarifying the
required easement width for the North Slough drain. Applicant shall meet the conditions
of SID.
6.
The plat shall show Rio Colinas Street as a 36-foot street section.
7.
Graphically depict common driveway locations for the townhouse lots in Blocks 6 and 7.
8.
The conceptual landscape plan submitted with the preliminary plat (Sheets PPL-C and
PPL-I, dated 11/03/04 by The Land Group) is approved with the following changes:
a. Revise Sheet PPL-1 to show the landscape island in Rio Colinas.
b. Revise Sheet PPL-I to remove the fence currently shown encroaching on Lot 18,
Block 4.
c. No trees will be allowed within sanitary sewer or irrigation easements, except as
approved through a separate License Agreement. Relocate any trees show within
easements to other locations within the development.
d. The applicant shall attempt to obtain a License Agreement with SID to plant trees
within the North Slough Lateral easement for Lot 20, Block 6, Lot I, Block 5,
Lots I and 12, Block 4 and Lot 1, Block 3. If unsuccessful, the applicant shall
mitigate for the required number of trees within these common areas (1:8,000 sq.
ft.) within the subdivision. At a minimum, non-invasive root shrubs shall be
provided within these areas, as permitted by SID.
9.
Unless otherwise waived by the City Council, 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. 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.
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.
Hacienda Subdivision - PP-O4-043 - Exhibit D
Page 2 of 6
2.
3.
4.
5.
6.
7.
8.
10.
Applicant shall construct a minimum 5-foot wide, detached sidewalk along the entire
subdivision fÌ:ontage of Meridian Road and adjacent to the designated collector roadways.
Coordinate sidewalk location with ACHD.
11.
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.
12.
Applicant shall construct 6-foot vinyl, perimeter fencing, unless otherwise approved by
the Zoning Administrator.
STANDARD PRELIMINARY PLAT CONDITIONS
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.
Coordinate fire hydrant placement with the City of Meridian Public Works Department.
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.
All micropaths within the proposed subdivision shall be designed in accordance with
MCC 12-13-15 "Micropath Landscaping".
A detailed landscape plan, in compliance with the landscape ordinance shall be submitted
for the subdivision with the final plat application, the landscape plan shall include the
location and design of any proposed playground equipment.
Sidewalks within the proposed subdivision shall be built in accordance with MCC12-13-
10-8.
250 and IOO-watt, high-pressure sodium streetlights will be required at locations
designated by the Public Works Department. All streetlights shall be installed at
subdivider's expense. Typical locations are at street intersections and/or fire hydrants.
Final design locations and quantity are determined after power designs are completed by
Idaho Power Company. The street light contractor shall obtain design and permit fÌ:om
the Public Works Department prior commencing installations.
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
Hacienda Subdivision - PP-O4-043 - Exhibit D
Page30f6
9.
11.
12.
13.
to ensure that water will percolate within a period of time not to exceed 24 hours for all
storms up to and including a 100-year storm event. Side slopes within drainage areas
shall not exceed 3: I.
Any tree over 4" in caliper that is removed fÌ:om 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.
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.
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.
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.
FIRE DEPARTMENT CONDITIONS
I. The existing residence (future clubhouse) shall be brought up to "Assembly" occupancy and
comply with the IFC.
2. No parking is allowed within any of the "knuckle" areas of the plat.
3. All roofing materials on the attached dwelling units shall be a non-combustible material.
4. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available
for duration of2 hours to service the entire project. Fire hydrants shall be placed an average
of 400' apart. International Fire Code Appendix D
5. Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
6. Final Approval of the flTe 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 ofthe
hydrant location.
e. Fire Hydrants shall be placed on corners.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
Hacienda Subdivision-PP-04-043 - Exhibit D
Page 4 of 6
7. The phasing plan may require that any roadway greater than 150' in length
that is not provided with an outlet shall be required to have an approved turn around.
8. All entrance and internal roads shall have a turning radius of 28' inside and
48' outside radius.
9. Insure that all yet undeveloped parcels are maintained fÌ:ee of combustible vegetation.
10. Operational fire hydrants and temporary or permanent street signs are
combustible construction begins.
required before
11. 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. The applicant shall
provide a stub street to the property to the (westleastlnorth!south). The two entrances shall
be separated by no less than Y2 the diagonal measurement of the project.
12. Building setbacks shall be per the Building Code for one and two story construction.
13. The roadways shall be built to Ada County Highway Standards and shall have a clear
driving surface, available at all times, which is 20' wide. Streets with less than a 29'
street width shall have no parking. Streets with less than 33' shall have parking only on
one side.
14. Maintain a separation of5' ftom the building to the dumpster enclosure.
15. All portions of the buildings located on this project must be within 150' of a paved surface
as measured around the perimeter of the building.
16. All common driveways shall be straight or have a turning radius of 28' inside and 48'
outside and shall have a clear driving surface which is 20' wide.
POLICE DEPARTMENT CONDITIONS
1. The pedestrian access to the proposed clubhouse/community entrance is not well-defined.
The applicant shall submit a revised landscape plan that uses walkway paving materials
and landscaping to alert motorists to the pedestrian traffic.
2. The proposed landscaping creates a hiding spot near and south of Lot 20, Block 5 and Lot
24, Block 5. The applicant shall submit a revised landscaping plan that affords greater
visibility of the area fÌ:om public areas such as a street or parking lot.
3. Any interior fencing shall allow visibility fÌ:om the street or shall not exceed four feet in
height if solid fencing is used (pertaining to Lot 1, Block 5);
PARKS DEPARTMENT CONDITIONS
1. Standard for Mitigation of trees: The standard established in the City of Meridian
Landscape Ordinance (MCC 12-13-13-6) will be followed.
Hacienda Subdivision - PP-O4-043 - Exhibit D
Page 5 of6
2. Standard Plan for Protection of Existing Trees during Construction: The standard
established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be
followed.
SANITARY SERVICES CO. CONDITIONS
I. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and
submit stamped (approved) plans with your Certificate of Zoning Compliance
application.
Hacienda Subdivision - PP-O4-043 - Exhibit D
Page 6 of 6
6.
EXHIBIT E
Conditions of Approval
Conditional Use Permit
Hacienda Subdivision
(File CUP-O4-052)
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.
A condition of the CUP/PD shall be that the applicant participates in any road
infÌ:astructure agreements in the North Meridian Planning Area negotiated with ACHD
and shall faithfully perform the terms of such agreement or agreements.
3.
A minimum 10-foot setback fÌ:om the Rio Vista Drive right-of-way is required for the
existing wall on Lot I, Block 5. Prior to issuance of a Certificate of Zoning Compliance
for the clubhouse lot, the applicant shall meet with the Meridian Police Chief or his
designee on site to determine the proper lighting, fence height, gates and surveillance
monitoring around the clubhouse. Submit written approval of said Police Department
approval with the Certificate of Zoning Compliance for the clubhouse.
4.
All development shall comply with the Americans with Disabilities Act and the Fair
Housing Act, including the community clubhouse.
5.
The applicant shall provide/construct the following amenities within the subdivision:
a. Over 10% of the gross area as open space; and
b. A community clubhouse with restrooms and a swimming pool.
The following deviations fÌ:om the Zoning and Subdivision Ordinance (MCC Title II and
12) are approved as part of this application:
Min. Lot Size- Citv Requirement (R-8)
6,500 sq. ft. per lot
Approved Lot Size
2,850 sq. ft. per lot (attached units
only)
Lot Frontage- Citv Reauirement
65' minimum
Approved Minimum Frontage
32' minimum
Zero
Lot Lines-
City Reauirement
I per lot (max.)
ApProved Standard
2 per lot
Hacienda Subdivision - CUP-O4-052 - Exhibit E
Page 1 of2
7.
All areas being counted toward the 10% open space amenity shall be fÌ:ee 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 swimming
pool prior to applying for building permits.
9.
Townhouse Elevations: A varied color and/or building material scheme is required for the
townhome structures within the subdivision. Applicant shall obtain written approval fÌ:om
the P&Z Department for said scheme prior to City Engineer signature ofthe final plat.
Hacienda Subdivision - CUP-O4-052 - Exhibit E
Page 2 of2
EXHIBIT F
Annexation and Zoning Findings
Hacienda Subdivision
(File AZ-O4-034)
The City Council hereby approves the following analysis of required findings by staff:
According to Ordinance 11-15-11, General Standards Applicable to Zoning
Amendments, both the P&Z Commission and Council are required "to review the
particular facts and circumstances of each proposed zoning amendment in terms of the
following standards and shall find adequate evidence answering the following questions
about the proposed zoning amendment. "
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) duJacre in the Comprehensive Plan and Hacienda's gross
density is 4.99 duJacre. The Future Land Use Map shows a potential public park
site, regional pathway, and future school site in this section. A 10-foot wide
regional path was recently approved in Saguaro Canyon and Ventana
Subdivisions to the south and east. Also, Joint School District No.2 has
purchased a 41 acre site in the section (two parcels to the south) 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. parcel is planned
to be served with the North South Trunk, which is not yet constructed to Meridian
Road. The Public Works Department has been coordinating with property owners
to the west and south on the extension and alignment of the trunk line. 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 the annexation:
Hacienda Subdivision (AZ-O4-034) - Exhibit F - Findings of Fact, Conclusions of Law & Decision and
Order
Page I of5
"Promote the design of attractive roadway entryway areas throughout
Meridian that will clearly identify the community." (Ch. V, Goal III, Obj.
B. #7)
Hacienda Subdivision is proposing a 351'oot wide landscape buffer lot on
Meridian Road with a substantial amount of new landscaping and
hardscaping therein.
"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)
There are no new cul-de-sacs planned within the development.
"Coordinate with irrigation districts to provide multiple use of existing
irrigation easements." (Ch. VII, Goal III, Obj. B, #3)
The applicant is proposing a pathway facility adjacent to the North Slough
Lateral through the majority of the project. They are also proposing to
keep the facility open as an amenity to the subdivision, which staff
supports.
"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 fourth urban-scale development and annexation
application in Section 30, T4N, RIB. 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 of R-8, with a Planned Development
to allow the reduced fÌ:ontages, reduced lot sizes and zero lot lines.
D.
Has there been a change in the area or adjacent areas which may dictate that
the area should be rezoned, For example, have the streets been widened, new
railroad access been developed or planned or adjacent area being developed
Hacienda Subdivision (AZ-O4-034) - Exhibit F - Findings of Fact, Conclusions of Law & Decision and
Order
Page 2 of 5
in a fashion similar to the proposed rezone area;
Staff finds that the land to the east and south has been recently annexed and
approved for single-family residential lots in Saguaro Canyon and Ventana
Subdivisions. Saguaro Canyon has a gross density of 3.29 d.u.lacre. Paramount
Subdivision was annexed in 2003 and land immediately west of Ventana 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--4.99 d.u.lacre gross-is higher than both Saguaro Canyon and Ventana
yet is within the allowable 3-8 units per acre targeted by the Comprehensive Plan.
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 is an estate-type property south of
Hacienda Subdivision. However, according to public testimony issued at the
Ventana Subdivision City Council hearings, the owner is 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.lacre. 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
Hacienda Subdivision (AZ-O4-034) - Exhibit F - Findings of Fact, Conclusions of Law & Decision and
Order
Page 3 of 5
Commission and Council made this finding in the affirmative during the Saguaro
Canyon and Ventana Subdivision hearings for the same rural properties.
G.
Will the area be served adequately by essential public facilities and services
such as highways, streets, police and fIre 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.
H,
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.
I,
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
ACHD staff report for specific details on traffic impacts. The traffic engineer for
Ventana Subdivision 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.
Hacienda Subdivision (AZ-O4-034) - Exhibit F - Findings of Fact, Conclusions of Law & Decision and
Order
Page 4 of5
J.
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
are aligned with existing property lines on the west side of Meridian Road and
comply with the turn lane and intersection control conditions imposed by ACHD.
The other proposed roadways will need to be imp~oved in compliance with
ACHD requirements in order to alleviate interference with the existing and
proposed intersections. We do find that, as proposed, the Rio Colinas Street stub
to the east is shown as a 32-foot wide street section. The standard public street
section is 36 feet. Upon future redevelopment of the parcel in Blythe Estates
Subdivision (to east), this four (4) foot discrepancy may create an interference
with future traffic. Staff is recommending this street be designed to a standard 36-
foot section in this area.
The Commission and Council should review ACHD comments concerning
vehicular approaches and traffic generation. The ACHD Commission has
approved the Hacienda 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 for short segments through
the project. 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.
Hacienda Subdivision (AZ-O4-034) - Exhibit F - Findings of Fact, Conclusions of Law & Decision and
Order
Page50f5
EXHIBIT G
Preliminary Plat Findings
Hacienda Subdivision
(File PP-O4-043)
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
Development Plan;
of the
subdivision
with
the
Comprehensive
Staff finds the subdivision to be in substantial conformance with the
Comprehensive Plan, as noted in Finding "A" under the Hacienda Annexation and
Zoning application.
b. The availability of public services to accommodate the proposed
development;
As noted under Findings G and L ofthe Hacienda Annexation and Zoning
application, staff finds that all 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 standard residential uses. The Public Works
Department CIP includes the North Slough Trunk extension, which this property
will drain to. The developer will need to construct off-site sewer and water
improvements in N. Meridian Road, in accordance with the Master Facility Plan.
d. The public fmancial capability of supporting services for the proposed
development;
Staff finds 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
Hacienda Subdivision (PP-O4-043) - Exhibit G - Findings of Fact, Conclusions of Law & Decision and
Order
Page I of2
estimated schedule of construction completion by June 2005.
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
environmental problems associated with this subdivision that need to be brought
to the Councilor Commission's attention.
Hacienda Subdivision (PP-O4-043) - Exhibit G - Findings of Fact, Conclusions of Law & Decision and
Order
Page 20[2
EXHIBIT H
Conditional Use Permit Findings
Hacienda Subdivision
(File CUP-O4-052)
The City Council hereby approves the following analysis of required findings 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 (JI-
ll-3);
A,
B.
C.
D,
E,
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 the Annexation and Zoning application.
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 the Annexation and Zoning application.
That the proposed use, if it complies with all conditions of the approval
imposed, will not adversely affect other property in the vicinity;
See Finding "F" under the Annexation and Zoning application.
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 the Annexation and Zoning application.
F, That the proposed use will not create excessive additional requirements at
Hacienda Snbdivision (CUP-O4-052) - Exhibit H - Findings of Fact, Conclusions of Law & Decision and
Order
Page I of2
public cost for public facilities and services and will not be detrimental to the
economic welfare of the community;
See Finding "H" under the Annexation and Zoning application and Finding "D"
under the Preliminary Plat application.
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 the Annexation and Zoning application.
H.
That the proposed use will have vehicular approaches to the property which
shall be so designed as not to create an interference with traffic on
surrounding public streets;
See Findings "I" and "J" under the Annexation and Zoning application.
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 the Annexation and Zoning application.
Hacienda Subdivision (CUP-O4-052) - Exhibit H - Findings of Fact, Conclusions of Law & Decision and
Order
Page 2 of2