HomeMy WebLinkAboutSaguaro Amended PP-05-001
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of a Request to Amend the Preliminary Plat for Phases 7 & 10 of Saguaro
Canyon Subdivision (PP-03-032) consisting of 21 single family residential building lots on
approximately 6 acres in a R-4 zone by Far West, LLC.
Case No. PP-05-001
For the City Council Hearing Date of: March IS, 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')
ofthe 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 matters were duly considered by the City Council at the March 15, 2005, public
hearing. The applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction ofthe 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
recommendation for approval to 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
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.
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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO. PP-O5-001 - PAGE 1 of4
verified that the property owner of record at the time of issuance of these findings is
Far West, LLC.
4, Required Findings per Zoning and Subdivision Ordinances
a,
See Exhibit D for the findings required for the Preliminary Plat application.
B. Conclusions of Law
I, 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 Preliminary Plat
dated January 4,2005 as shown in Exhibit B, and the Conditions of Approval in Exhibit
C. 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
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 January 4,2005 is hereby conditionally approved;
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO. PP-O5-001 -PAGE2of4
2. The site specific and standard conditions of approval are as shown in Exhibit C.
D. 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 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.
E. Exhibits
Exhibit A:
Legal Description
Exhibit B:
Exhibit C:
Approved Preliminary Plat (1-04-05, with conditions)
Preliminary Plat Conditions of Approval (all agencies)
Exhibit D:
Preliminary Plat Findings
By action of t e City Council at its regular meeting held on the
,~ 2Pß?!;?
15~ day of
COUNCIL MEMBER KEITH BIRD
VOTEDþ
VOTED*
VOTED~
VOTED~
COUNCIL MEMBER SHAUN WARDLE
COUNCIL MEMBER CHRISTINE DONNELL
COUNCIL MEMBER CHARLIE ROUNTREE
-
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED-
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF L
CASE NO. PP-O5-001 -PAGE30f4
AND DECISION & ORDER
Attest:
and City Attorney.
By:-().h~, ..À~
City Clerk's Office
Dated: 4-1-05
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO. PP-O5-001 -PAGE4of4
EXHIBIT A
Saguaro Amended
PP-05-001
Legal Description
DESC"1PT10~
FOR
6 AÇRE PARCEL
par-em..., 9. 2004
A PARCEL OF L.AND LOCATED IN TfIE W 1/2 OF SEC:n.ON 30, WWNS1"lIP 4
NORTH, RANGE 1 EAST OF THE ImJSE MF.RIOIAN. AtIA COUNTY. IOA'fO.
1,10RE PARTJClI!.ARi- Y DESCRIBEDi\S FOLLOWS:
COMMENCíHG ArTHE WEST 1/4 CORN¡;R()~ SECTiON3 ). T,4N., Rlf,.
8.M, THEREÞJ. I'OINT OP BEGlNNINQOf. THIS DESCRIP-TIOH',
TfiENCE 569'53'\16" E 1098.69 FEET TO THE SWOO~ER OF THE SE 1/4
OF THE I9W 1/4 OF sAm SECTION 30;
THENCE. !\I 00~'44" E ;45.611'EET ALONG THE wan LINE OF THe SE 114
OF THtiNW 1/4 OF SAID SECTION 3!lTO.A POlífr;
THENCE S 69"511'26' E 640.01 FEET TO A POIÞIT:
TKENOE I¡ 00'29'44' W445,46PEET TO A POINT ON TH~SÖUTH LlNE'OF
THE SE u4 OF THE !lW11i OF~AlO SECTIO.!¡30,
THEJI C õ N 89'54'4\"'W 3.43.10 FEET ALONG THE SAID SOU.THIJNETOA
POII'¡T;
THENCE S oO'œ,¡r W 2400 FEET TO A POINT;
Tf/eNcE N WM41"W 191.08FEFT TO A POIÞIT;
THENCE NW53'36" W 1~.84 FEET TO A ?OIÞIT 0111 TtiE WEST LINe.OF
SAIOSLcnON30¡
THENeE N '1Q" !3'33" E 24.00 FISeT ALONG SAID WEST uN!: TO THE ßiA ,
ÞOINT OF BeIJlINIillNQ OF '!Hfß: DESCRIPTION;
THIS PARC£L CONTAII'$6.24 ACR¡;$, MORE OR tEa.s.
WAYNE K.IlARBER
P.L.$.8444
30JU~.d",
Saguaro Amended - PP-O5-001
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EXHIBIT B
Saguaro Amended
PP-O5-001
Approved Preliminary Plat
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Saguaro Amended - PP-O5-001
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EXHIBIT C
Saguaro Amended
PP-05-001
Conditions of Approval
SITE SPECIFIC CONDITIONS (PRELIMINARY PLAT)
I. This Amended Preliminary Plat shall be subject to all applicable conditions of
approval from Saguaro Canyon Subdivision (AZ-0-027, PP-03-032, and CUP-03-
058),
2. This preliminary plat shall comply with Item No, 8, Page 8, of the recorded
Development Agreement for Saguaro Canyon Subdivision regarding removal of the
24-foot flag lot extending to Meridian Road.
3. The time requirements for final platting of the subject property will follow the
phasing plan of the original approval of Saguaro Canyon Subdivision.
GENERAL CONDITIONS
1. 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. The 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 City Engineer.
2. Any tree over 4" in caliper that is removed from the property shall be replaced by
installing additional trees, being the equivalent number of caliper inches of trees that
were removed. Required landscaping trees will not be considered as replacement trees
for those trees that are removed.
3. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting,
crossing or lying adjacent and contiguous to the area being subdivided shall be tiled
per City Ordinance 12-4-13. Plans will need to be approved by the appropriate
irrigation/drainage district, or lateral users association (ditch owners), with written
approval or non-approval submitted to the Public Works Department. If lateral users
association approval can not be obtained, plans will be reviewed and approved by the
City Engineer prior to final plat signature.
4. 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. Wells
may be used for non-domestic purposes such as landscape irrigation.
Saguaro Amended - PP-O5-001
Page 1 0£4
5. Any drainage areas (detention/retention basins) must be designed to ensure that water
will percolate or discharge within a period of time not to exceed 24 hours for all
storms up to and including a roO-year storm event. Side slopes within drainage areas
shall not exceed 3: 1. The project engineer should pay close attention to the results of
field studies determining the groundwater, soil type & and characteristics during the
design and construction phases.
6. Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
7. Streetlights will be required at locations designated by the Public Works Department.
All streetlights shall be installed at the expense of the Applicant. Typical locations
are at street intersections and/or fire hydrants.
8, Developer shall coordinate mailbox locations with the Meridian Post Office.
9, All sidewalks shall be constructed in accordance with MCC 12-5-2.K. Prior to
signature of the final plates), all sidewalks shall be constructed or a financial
guarantee that said improvements will be completed shall be provided
10. A note shall be placed on the final plat stating that unless otherwise approved, all
building setbacks shall meet the requirements of the zoning ordinance in effect at the
time of building permit submittal.
11, A letter of credit or cash surety in the amount of 110% will be required for all
landscaping, pressurized irrigation, sanitary sewer, water, etc" prior to signature of
the final plat.
12. Applicant shall be required to pay Public Works development plan review, and
construction inspection fees, as determined during the plan review process, prior to
signature on the final plat per Resolution 02-374.
13. Plat approval shall be subject to the expiration provisions set forth in MCC.
14. Staff's failure to cite specific ordinance provisions or terms of the approved
preliminary plat, conditional use permit or development agreement does not relieve
Applicant of responsibility for compliance.
OTHER AGENCYillEP ARTMENT COMMENTS/CONDITIONS
MERIDIAN FIRE DEPARTMENT COMMENTS
1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute
available for duration of2 hours to service the entire project. Fire hydrants shall be
placed an average of500' apart. International Fire Code Appendix C
Saguaro Amended - PP-O5-001
Page 2 of 4
2. Acceptance of the water supply for fire protection will be by the Meridian Fire
Department and water quality by the Meridian Water Department for bacteria
testing.
3. Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a. Fire Hydrants shall have the 4 \12" outlet face the main street or 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 when spacing permits.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10',
g. Fire hydrants shall be place 18" above finish grade.
h. Fire hydrants shall be provided to meet the requirements of the IFC
Section 509.5.
4. 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.
5. All entrance and internal roads shall have a turning radius of 28' inside and 48'
outside radius.
6. Operational fire hydrants, temporary or permanent street signs and access roads with
an all weather surface are required before combustible construction is brought on
site.
7. 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 (west/east/north/south).
The two entrances should be separated by no less than Y, the diagonal measurement
of the project.
8. The roadways shall be built to Ada County Highway Standards and shall have a
clear driving surface, available at all times, which is 20' wide. Streets with less
than a 29' street width shall have no parking, Streets with less than 33' shall have
parking only on one side. These measurements shall be based on the back of curb
dimension.
9. The proposed 21-10t subdivision with an estimated 2.9 residents per household
would have a total estimated population of 61 residents at build out.
10. The fire department requests that any future signalization installed as the result of
the development of this project be equipped with Opticom Sensors to ensure a
Saguaro Ameuded - PP-O5-00 I
Page30f4
safe and efficient response by fire and emergency medical service vehicles. This
cost of this installation is to be borne by the developer.
II. Where a portion of the facility or building hereafter constructed or moved into or
within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire
apparatus access road, as measured by an approved route around the exterior of the
facility or building, on-site fire hydrants and mains shall be provided where required
by the code official. For buildings equipped throughout with an approved automatic
sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the
distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be
600 feet (183 m).
b. For buildings equipped throughout with an approved automatic sprinkler
system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the
distance requirement shall be 600 feet (183 m).
SANITARY SERVICE COMPANY COMMENTS
1. SSC has no comments related to this application.
POLICE DEPARTMENT COMMENTS
1. The Police Department has no concerns related to the site design submitted with the
application.
MERIDIAN PARKS DEPARTMENT COMMENTS
1. The Parks Department has no concerns with the site design as submitted with the
application.
CENTRAL DISTRICT HEALTH DEPARTMENT
1. After written approvals from appropriate entities are submitted we can approve this
proposal for central sewage and central water.
2. The following plans must be submitted and approved by the Idaho Department of
Health and Welfare: central sewage and central water,
3. Run-off is not to create a mosquito breeding problem.
4, The engineers and architects involved with the design of the subject project shall
obtain current best management practices for stonnwater disposal and design a
stonnwater management system that prevents groundwater and surface water
degradation.
Saguaro Amended - PP-O5-00 1
Page40f4
EXHIBIT D
Saguaro Amended
PP-05-001
Required Findings
PRELIMINARY PLAT FINDINGS
Meridian City Code (MCC) 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;
City Council finds that the 2002 Comprehensive Plan Future Land Use Map
designates all of the subject property as "Medium Density Residential", which
allows for densities of three to eight units per acre. (See Chapter VII, pg. 99.)
Council finds that the proposed subdivision is in compliance with the
Comprehensive Plan.
ß,
The availability of public services to accommodate the proposed
development;
City Council finds that the majority of public services are available to
accommodate the proposed development but sanitary sewer and fire are not
available for the lots at this time. The North Slough Trunk, which will serve the
subdivision, is scheduled to be extended in 2005. In terms of fire service, it's
anticipated that the second, permanent access for the subdivision (besides
McMillan Road) will be provided through a new residential subdivision on the
Aschenbrenner property, north of the school site and west of the subject property.
To date, the City has not received an application or conducted a pre-application
meeting on this property. The approved preliminary plat for Saguaro Canyon
Subdivision restricted development of the neighborhood until required services
are available, and those conditions apply to this amended preliminary plat as well.
C.
The continuity of the proposed development with the capital improvement
program;
City Council finds that the proposed subdivision would not create any more
additional requirements or demands to the City than the previously approved
residential uses. The primary question is one of timing. Until the North Slough
Trunk is constructed, sanitary sewer service is not available for this development.
Saguaro Amended - PP-O5-001
D.
The public financial capability of supporting services for the proposed
development;
Any additional expenditure for supporting services was caused by the approval of
the original 432-10t preliminary plat for the property. The primary public costs to
serve the future site will be fire and police services. City Council finds that this
development will not cause excessive additional requirements at public cost, if the
applicant complies with the conditions of approval for the approved preliminary
plat application.
E.
The other health, safety or environmental problems that may be brought to
the Commission's attention.
Other than previously noted, City Council 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.
Saguaro Amended - PP-O5-001