HomeMy WebLinkAboutHavasu Creek Subdivision AZ-02-022
BEFORE THE MERIDIAN CITY COUNCIL
C/C 12-10-02
IN THE MATTER OF THE )
APPLICATION FOR ANNEXATION )
AND ZONING OF 119.83ACRES )
FOR PROPOSED HA V ASU CREEK )
SUBDIVISION, LOCATED SOUTH )
OF McMILLAN ROAD AND WEST )
OF LOCUST GROVE ROAD, )
MERIDIAN, IDAHO )
)
FARWEST,LLC, )
APPLICANT )
Case No. AZ-02-022
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
The above entitled annexation and zoning application having come on for public hearing
on December 10, 2002, at the hour of7:00 p.m., and Brad Hawkins-Clark Interim Director for
the Planning and Zoning Department, Brad Watson of the Public Works Department, Becky
Bowcutt, and Laird Graham, appeared and testified, and the City Council having duly considered
the evidence and the record in this matter therefore makes the following Findings of Fact and
Conclusions of Law, and Decision and Order:
FINDINGS OF FACT
1. There has been compliance with all notice and hearing requirements set forth in
Idaho Code SS 67-6509 and 67-6511, and Meridian City Code SS 11-15-5 and 11-16-1.
2. The City Council takes judicial notice of its zoning, subdivision and development
ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof,
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIHA V ASU CREEK (AZ-02-022)
and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002,
Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary.
3. The property which is the subject of the application for annexation and
zoning is described in the application, and is approximately 119.83 acres in size, is located south
of McMillan Road and west of Locust Grove Road, Meridian, all within the Area of Impact of
the City of Meridian and the Meridian Urban Service Planning Area.
4. The owners of record ofthe subject property are Maclocust, LLC, 4487 N.
Dresden Place, Ste. 102, Garden City, Idaho 83714 and Renata Ham, 555 E. McMillan Road,
Meridian, Idaho 83642; and the applicant is Farwest, LLC 4487 N. Dresden Place, Ste. 102,
Garden City, Idaho 83714.
5. The property is presently zoned RUT, and consists of agricultural land.
6. The Applicant requests the property be zoned as R-4 with a Planned Development
for Low Density Residential homes, which is consistent with the Meridian Comprehensive Plan
Generalized Land Use Map which designates the subject property as Low Density Residential
and Medium Density Residential.
7. The subject property is bordered to the north by multiple rural residential
properties, zoned R-8, to the south by Quenzer (Heritage) Commons Subdivision, zoned RUT
(Ada County), to the east by multiple rural residential properties, zoned RUT (Ada County), and
to the west by rural residential, zoned RUT (Ada County).
8. There are no significant or scenic features of major importance that affect the
consideration of this application, any existing trees larger than 4" caliper that are removed shall
be mitigated for, per the Landscape Ordinance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIHA V ASU CREEK (AZ-02-022)
9. The City Council recognizes the concerns of Carl and Bonnie Reiterman
expressed in a letter submitted by David Irish, W & H Pacific, dated October 30, 2002.
10. Giving due consideration to the comments received from the
governmental subdivisions providing services in the City of Meridian planning jurisdiction,
public facilities and services required by the proposed development will not impose expense
upon the public if the following conditions of development are imposed:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
1. Remove any existing domestic wells and/or septic systems within this project 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.
B. Adopt the following Recommendations ofthe ACHD as may be modified by ACHD from
time to time, provided, however, notice of any proposed changes, and meaningful
opportunity to comment shall be given to the City before ACHD takes any official action to
modify the requirements set forth herein.
Site Specific Conditions of Approval
1. Dedicate 35-feet of right-of-way from the centerline of McMillan Road abutting
the parcel by means of a warranty deed. The right-of-way purchase and sale
agreement and deed must be completed and signed by the applicant prior to
scheduling the final plat for signature by the ACHD Commission or prior to
issuance of a building permit (or other required permits), whichever occurs first.
Allow up to 30 business days to process the right-of-way dedication after receipt
of all requested material. The owner will be paid the fair market value of the
right-of-way dedicated which is an addition to existing ACHD right-of-way if the
owner submits a letter of application to the impact fee administrator prior to
breaking ground, in accordance with the ACHD Ordinance in effect at that time
(currently Ordinance #195). The Applicant shall comply with Ada County
Highway District requirements as submitted or as expressly modified by ACHD.
2. Dedicate 35-feet of right-of-way from the centerline of Locust Grove Road
abutting the parcel by means of a warranty deed. The right-of-way purchase and
sale agreement and deed must be completed and signed by the applicant prior to
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIHA V ASU CREEK (AZ~02-022)
scheduling the final plat for signature by the ACHD Commission or prior to
issuance of a building permit (or other required permits), whichever occurs first.
Allow up to 30 business days to process the right-of-way dedication after receipt
of all requested material. The owner will be paid the fair market value of the
right-of-way dedicated which is an addition to existing ACHD right-of-way if the
owner submits a letter of application to the impact fee administrator prior to
breaking ground, in accordance with the ACHD Ordinance in effect at that time
(currently Ordinance #195). The Applicant shall comply with Ada County
Highway District requirements as submitted or as expressly modified by ACHD.
3. Construct 5-foot concrete sidewalk abutting McMillan Road and Locust Grove
Road located 2-feet within the right-of-way. If the sidewalk meanders outside of
the right-of-way, provide an easement for the sidewalk.
4. Construct North Havasu Canyon Way to intersect with McMillan Road
approximately 820-feet east of the west property line, as proposed.
5. Construct North Havasu Falls Drive to intersect with Locust Grove Road
approximately 400-feet south of the north property line, as proposed.
6. Submit a letter from the appropriate fire district approving the alternative street
section. Ifthe appropriate fire district reviews and approves the alternative street
section, the applicant shall construct the internal roadways as 33-foot street
sections with curb, gutter, 4-foot concrete sidewalk and parking on both sides
within 50-feet of right-of-way, as proposed.
7. Construct North Havasu Canyon Way (from McMillan Road to Casa Grande
Street) and East Havasu Falls Drive (from Locust Grove to Hulapai Avenue)
residential collectors with 29-foot street sections with curb, gutter and 4-foot
detached concrete sidewalk, as proposed.
8. Extend North Hermit Avenue at the south property line approximately 410-feet
east of the west property line, as proposed.
9. Extend North Havasupai Avenue at the south property line approximately 120-
feet east of the west property line, as proposed.
10. Construct North Shangri-La Street to extend to the south property line.
approximately 635-feet east ofthe west property line, as proposed. Install a sign
at the terminus of the roadway stating that, I1THIS ROAD WILL BE EXTENDED
IN THE FUTURE".
11. Construct Casa Grande Street to extend to the west property line approximately
440-feet north of the south property line, as proposed. Install a sign at the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIHA V ASU CREEK (AZ-02-022)
terminus of the roadway stating that, l1THIS ROAD WILL BE EXTENDED IN
THE FUTURE".
12. Construct Havasu Falls Drive to extend to the west property line approximately
730-feet north of the south property line, as proposed. Install a sign at the
terminus ofthe roadway stating that, "THIS ROAD WILL BE EXTENDED IN
THE FUTURE".
13. Construct Nankoweap Street to extend to the west property line approximately
180-feet south ofMcMilIan Road, as proposed. Install a sign at the terminus of
the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE
FUTURE".
14. Construct North Mooney Falls Way to extend to the north property line
approximatelyl,550-feet west of Locust Grove Road, as proposed. Install a sign
at the terminus ofthe roadway stating that, "THIS ROAD WILL BE EXTENDED
IN THE FUTURE".
15. Construct a stub street, Red-Rock Way, to extend to the north property line
approximately nO-feet west of Locust Grove Road, as proposed. Install a sign at
the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED
IN THE FUTURE".
16. Construct Bright Angel Avenue to extend to the north property line approximately
230-feet west of Locust Grove Road, as proposed. Install a sign at the terminus of
the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE
FUTURE".
17. Construct Bright Angel Avenue to extend to the south property line approximately
230-feet west of Locust Grove Road, as proposed. Install a sign at the terminus of
the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE
FUTUREII.
18. Construct Red-Rock Way to extend to the south property line approximately 720-
feet west of Locust Grove Road, as proposed. Install a sign at the terminus ofthe
roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
19. Construct North Crystal Avenue to extend to the south property line
approximately 1,250-feet west of Locust Grove Road, as proposed. Install a sign
at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED
IN THE FUTURE".
20. Construct Kaibab Trail Drive to extend to the east property line approximately
820-feet north of the south property line, as proposed. Install a sign at the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIHA V ASU CREEK (AZ-02-022)
terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN
THE FUTURE II .
21. Construct one knuckle with an island within it located in the southeast comer of
Mooney Falls Way and Switchback Drive, as proposed. The island within the
knuckle shall be a minimum of 4-feet wide with a minimum area of 100-square
feet and maintain a minimum of a 29-foot street section around the traffic island
designed to safely channel traffic.
22. Construct one cul-de-sac turnaround (Redwall Court) without an island, as
proposed. Construct the turnaround to provide a minimum turning radius of 45-
feet.
23. Any proposed landscape islands/medians within the public right-of-way dedicated
by this plat shall be owned and maintained by a homeowners association. Notes
of this shall be required on the final plat.
24. Construct a left-turn and a right turn deceleration lane at the McMillan Road and
North Havasu Canyon Way intersection. Coordinate the design of the turn lanes
with the District's Traffic Services Staff, 387-6140.
25. Construct a left-turn lane and a right-turn deceleration lane at the Locust Grove
Road and North Havasu Falls Drive intersection. Coordinate the design of the
turn lanes with the District's Traffic Services Staff, 387-6140.
26. The applicant shall enter into a development agreement with ACHD that outlines
right-of-way acquisition, costs, timing and payment; and shall also include an
agreement that this development shall be subject to any extraordinary impact fee,
LID or other funding source established by the District to improve the surrounding
roadways; or shall be subject to the development's proportionate share of
surrounding roadway improvements as established by the applicant's traffic
impact study.
27. Other than the access points specifically approved with this application, direct lot
access to McMillan Road, Locust Grove Road and North Havasu Canyon Way
(from McMillan Road to Cas a Grande Street) is prohibited.
28. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIHA V ASU CREEK (AZ-02~022)
2. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
3. 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.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact Construction Services at 387-6280
(with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State ofIdaho 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 #195, 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. Existing utilities damaged by the applicant shall be repaired by the
applicant at no cost to ACHD. 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 of this 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/HA V ASU CREEK (AZ-02-022)
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.
C. Adopt the Meridian Fire Department Recommendations as follows:
1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute
available for a duration of 2 hours to service the entire project. Fire hydrants shall
be placed an average of 400' apart. 1997 UFC Appendix ill-A.
2. Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
3. Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
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 a turn around.
5. All roads shall have a turning radius of28' inside and 48' outside.
6. Insure that all yet undeveloped parcels are maintained free of combustible
vegetation per section 1103.2.4 of the Uniform Fire Code.
7. Operational fire hydrants and temporary or permanent street signs are required
before combustible construction begins. UFC 901.4.2 & 901.3
8. A minimum of two points of access will be required for any portion ofthe project,
which serves more than 30 homes. UFC 902.2.1 The Applicant shall be allowed
a 20' wide temporary gravel sewer and temporary emergency vehicle access roads
which shall be utilized for these purposes only.
D. Additionally, comply with the action of the Council taken at their December., 1 0,2002
meeting as follows:
I. That Lots 1 through 8, Block 12, along the eastern boundary, shall have only
single-story homes built with a maximum height of25 feet from grade.
2. The Applicant shall construct either a five or six foot vinyl fence along the eastern
boundary adj acent to the Crestwood Subdivision No. 1 neighbors, as agreed upon
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/HA V ASU CREEK (AZ-02-022)
in the letters submitted into the public record.
11. It is found that if the developer pays for the requested improvements
and complies with the conditions set forth in these Findings of Fact No. 10, and all sub-parts, the
economic welfare of the City and its residents and tax and rate payers will be protected, a
condition of annexation and zoning designation.
12. It is also found that the development considerations as referenced in Finding No.
10 are reasonable to require and must be taken into account, in order to assure the proposed
development is designed, constructed, operated and maintained in a manner which is harmonious
and appropriate in appearance with the existing, or intended character of the general vicinity, in
order to assure that the proposed use will not change the essential character of the affected
vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing,
or future neighboring uses, particularly considering the impact of proposed development on
potential to produce excessive traffic, noise, smoke, fumes, glare and odors.
13. It is found that the zoning of the subject real property as Low Density Residential
(R-4) requires connection to the Municipal Water and Sewer systems and will be compatible
with the Applicant's development intentions, and will assure that the zoning is consistent with
the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject
property as Low Density and Medium Density Residential.
14. The subject annexation request and zoning designation and proposed
development relates to and is harmonious and compatible with the goals and policies ofthe
effective Comprehensive Plan ('02) and Future Lane Use Map, which designates the land to be
Medium Density Residential and Low Density Residential.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIHA V ASU CREEK (AZ-02-022)
15. It is not anticipated that the applicant intends to rezone the subject property in the
future.
16. It is found that the proposed single family residential subdivision will be allowed
within the requested R-4 zone, (if accompanied with a Conditional Use Permit for a Planned
Development, of which said Conditional Use Permit is Case No. CUP-02-028.).
17. It is found that the land to the south is being developed in a manner similar to the
proposed subdivision. Additionally, it is found that the requested zoning designation ofR-4 is
harmonious with the recently approved adjacent development and should be rezoned in the
requested manner.
18. It is found that the proposed uses (single family residential and public school) will
not change the existing or intended character of the area which is low density residential.
19. It is not anticipated that the proposed residential uses will be hazardous or
disturbing to future or existing neighbors.
20. It is found that the property to be annexed will be served adequately by all
essential public facilities and services. Applicant shall be required to extend water and sanitary
sewer mains to and through the proposed development, thereby making them available to the
adjacent properties. Additionally, ACHD, the Police and Fire Departments submitted comments
concerning this subdivision.
21. It is found that there will not be excessive additional requirements at.public cost
and that the annexation and zoning will not be detrimental to the community's economic welfare.
22. It is found that the proposed subdivision will not create excessive traffic, noise or
other nuisances that would be detrimental to the general welfare of the surrounding area. The
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXA nON AND ZONING/HA V ASU CREEK (AZ-02-022)
fact is recognized that traffic and noise will increase with the approval of this subdivision;
however, it is felt that the amount generated will not be detrimental to the public welfare ofthe
city.
23. It is found that the subdivision's vehicular approaches off of Locust Grove and
McMillan Roads will create new interference with the existing traffic on aforementioned roads,
however, it is not believed that the subdivision entrances will cause significant interference on
the surrounding public streets. ACHD has also submitted comments pertaining to the vehicular
approaches and traffic generation.
24. It is found that the annexation of this property would be in the best interest ofthe
City.
CONCLUSIONS OF LAW
1. The City of Meridian has authority to annex real property upon written request for
annexation and the real property being contiguous or adjacent to city boundaries and that said
property lies within the area of city impact as provided by Idaho Code Section 50-222. The
Meridian City Code 9 11-16 provides the City may annex real property that is within the
Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan.
2. The Council may take judicial notice of government ordinances, and policies, and
of actual conditions existing within the City and State.
3. The City of Meridian has exercised its authority and responsibility a~ provided by
"Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the
adoption of the Amended Comprehensive Plan City of Meridian adopted August 6, 2002,
Resolution No. 02-382.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIHA V ASU CREEK (AZ-02-022)
4. The following are found to be pertinent provisions of the City of Meridian
Comprehensive Plan and are applicable to this Application:
Goals 1 through 10, inclusive.
5. The zoning of Low Density Residential (R-4) is defined in the Zoning Ordinance at S
11-7-2 C as follows:
(R-4) Low Density Residential District: Only single-family dwellings shall be permitted
and no conditional uses shall be permitted except for planned residential development and
public schools. The purpose ofthe R-4 District is to permit the establishment ofIow density
single-family dwellings, and to delineate those areas where predominantly residential
development has, or is likely to occur in accord with the Comprehensive Plan ofthe City, and
to protect the integrity of residential areas by prohibiting the intrusion of incompatible
nonresidential uses. The R-4 District allows for a maximum of four (4) dwelling units per
acre and requires connection to the Municipal water and sewer systems ofthe City.
6. Since the annexation and zoning of land is a legislative function, the City has
authority to place conditions upon the annexation ofland. See Burt vs. The City ofldaho Falls, 105
Idaho 65, 665 P2d 1075 (1983).
7. The development of the annexed land, if annexed, shall meet and comply with the
Ordinances ofthe City of Meridian including, but not limited to: Section 12-2-4 which pertains to
development time schedules and requirements; Section 12-4-13, which pertains to the piping of
ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and
Subdivision and Development Ordinance of the City of Meridian.
8. Pursuant to Section 11-16-4 A ofthe Zoning and Development Ordinance the owner
and/or developer shall enter into a Development Agreement, if such is required by the City.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIHA V ASU CREEK (AZ-02-022)
Order:
1. The applicant's request for annexation and zoning of approximately 119.83 acres to
Low Density Residential (R-4) is granted subject to the terms and conditions ofthis Order hereinafter
stated.
2. The application is for annexation and zoning of 119.83 acres. The legal description
shall be prepared by a Registered Land Surveyor, Licensed by the State ofldaho, and shall conform
to all the provisions of the City of Meridian Resolution No. 158. The legal description for
annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686.
3. Developer shall be required to met the conditions set forth and in the event the
conditions herein are not met by the Developer that the property shall be subject to de-annexation,
with the City of Meridian, which provides for the following conditions of development, to-wit:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
1. Remove any existing domestic wells and/or septic systems within this project 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.
B. Adopt the following Recommendations ofthe ACHD as may be modified by ACHD from
time to time, provided, however, notice of any proposed changes, and meaningful
opportunity to comment shall be given to the City before ACHD takes any official action to
modify the requirements set forth herein.
Site Specific Conditions of Approval
1. Dedicate 35-feet of right-of-way from the centerline of McMillan Road abutting
the parcel by means of a warranty deed. The right-of-way purchase and sale
agreement and deed must be completed and signed by the applicant prior to
scheduling the final plat for signature by the ACHD Commission or prior to
issuance of a building permit (or other required permits), whichever occurs first.
Allow up to 30 business days to process the right-of-way dedication after receipt
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/HA V ASU CREEK (AZ-02-022)
of all requested material. The owner will be paid the fair market value of the
right-of-way dedicated which is an addition to existing ACHD right-of-way if the
owner submits a letter of application to the impact fee administrator prior to
breaking ground, in accordance with the ACHD Ordinance in effect at that time
(currently Ordinance #195). The Applicant shall comply with Ada County
Highway District requirements as submitted or as expressly modified by ACHD.
2. Dedicate 35-feet of right-of-way from the centerline of Locust Grove Road
abutting the parcel by means of a warranty deed. The right-of-way purchase and
sale agreement and deed must be completed and signed by the applicant prior to
scheduling the final plat for signature by the ACHD Commission or prior to
issuance of a building permit (or other required permits), whichever occurs first.
Allow up to 30 business days to process the right-of-way dedication after receipt
of all requested material. The owner will be paid the fair market value of the
right-of-way dedicated which is an addition to existing ACHD right-of-way if the
owner submits a letter of application to the impact fee administrator prior to
breaking ground, in accordance with the ACHD Ordinance in effect at that time
(currently Ordinance #195). The Applicant shall comply with Ada County
Highway District requirements as submitted or as expressly modified by ACHD.
3. Construct 5-foot concrete sidewalk abutting McMillan Road and Locust Grove
Road located 2-feet within the right-of-way. Ifthe sidewalk meanders outside of
the right-of-way, provide an easement for the sidewalk.
4. Construct North Havasu Canyon Way to intersect with McMillan Road
approximately 820-feet east of the west property line, as proposed.
5. Construct North Havasu Falls Drive to intersect with Locust Grove Road
approximately 400-feet south of the north property line, as proposed.
6. Submit a letter from the appropriate fire district approving the alternative street
section. Ifthe appropriate fire district reviews and approves the alternative street
section, the applicant shall construct the internal roadways as 33-foot street
sections with curb, gutter, 4-foot concrete sidewalk and parking on both sides
within 50-feet of right-of-way, as proposed.
7. Construct North Havasu Canyon Way (from McMillan Road to Cas~ Grande
Street) and East Havasu Falls Drive (from Locust Grove to Hulapai Avenue)
residential collectors with 29-foot street sections with curb, gutter and 4-foot
detached concrete sidewalk, as proposed.
8. Extend North Hermit Avenue at the south property line approximately 410-feet
east of the west property line, as proposed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGfHA V ASU CREEK (AZ-02-022)
9. Extend North Havasupai Avenue at the south property line approximately 120-
feet east of the west property line, as proposed.
10. Construct North Shangri-La Street to extend to the south property line
approximately 635-feet east ofthe west property line, as proposed. Install a sign
at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED
IN THE FUTURE".
11. Construct Casa Grande Street to extend to the west property line approximately
440-feet north of the south property line, as proposed. Install a sign at the
terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN
THE FUTURE".
12. Construct Havasu Falls Drive to extend to the west property line approximately
730-feet north of the south property line, as proposed. Install a sign at the
terminus ofthe roadway stating that, "THIS ROAD WILL BE EXTENDED IN
THE FUTURE".
13. Construct Nankoweap Street to extend to the west property line approximately
180-feet south ofMcMilIan Road,.as proposed. Install a sign at the terminus of
the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE
FUTURE" .
14. Construct North Mooney Falls Way to extend to the north property line
approximatelyl,550-feet west of Locust Grove Road, as proposed. Install a sign
at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED
IN THE FUTURE".
15. Construct a stub street, Red-Rock Way, to extend to the north property line
approximately 720~feet west of Locust Grove Road, as proposed. Install a sign at
the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED
IN THE FUTURE".
16. Construct Bright Angel Avenue to extend to the north property line approximately
230-feet west of Locust Grove Road, as proposed. Install a sign at the terminus of
the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE
FUTURE" .
17. Construct Bright Angel Avenue to extend to the south property line approximately
230-feet west of Locust Grove Road, as proposed. Install a sign at the terminus of
the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE
FUTURE".
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIHA V ASU CREEK (AZ~02-022)
18. Construct Red-Rock Way to extend to the south property line approximately 720-
feet west of Locust Grove Road, as proposed. Install a sign at the terminus of the
roadway stating that, l1THIS ROAD WILL BE EXTENDED IN THE FUTURE".
19. Construct North Crystal Avenue to extend to the south property line
approximately 1,250-feet west of Locust Grove Road, as proposed. Install a sign
at the terminus of the roadway stating that, l1THIS ROAD WILL BE EXTENDED
IN THE FUTURE".
20. Construct Kaibab Trail Drive to extend to the east property line approximately
820-feet north of the south property line, as proposed. Install a sign at the
terminus ofthe roadway stating that, "THIS ROAD WILL BE EXTENDED IN
THE FUTURE".
21. Construct one knuckle with an island within it located in the southeast corner of
Mooney Falls Way and Switchback Drive, as proposed. The island within the
knuckle shall be a minimum of 4-feet wide with a minimum area of 100-square
feet and maintain a minimum of a 29-foot street section around the traffic island
designed to safely channel traffic.
22. Construct one cul-de-sac turnaround (Redwall Court) without an island, as
proposed. Construct the turnaround to provide a minimum turning radius of 45-
feet.
23. Any proposed landscape islands/medians within the public right-of-way dedicated
by this plat shall be owned and maintained by a homeowners association. Notes
ofthis shall be required on the final plat.
24. Construct a left-turn and a right turn deceleration lane at the McMillan Road and
North Havasu Canyon Way intersection. Coordinate the design of the turn lanes
with the District's Traffic Services Staff, 387-6140.
25. Construct a left-turn lane and a right-turn deceleration lane at the Locust Grove
Road and North Havasu Falls Drive intersection. Coordinate the design of the
turn lanes with the District's Traffic Services Staff, 387-6140.
26. The applicant shall enter into a development agreement with ACHD that outlines
right-of-way acquisition, costs, timing and payment; and shall also include an
agreement that this development shall be subject to any extraordinary impact fee,
LID or other funding source established by the District to improve the surrounding
roadways; or shall be subject to the development's proportionate share of
surrounding roadway improvements as established by the applicant's traffic
impact study.
FINDINGS OF FACT AND CONCLUSIONS OF LA W - Page 16
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIHA V ASU CREEK (AZ-02-022)
27. Other than the access points specifically approved with this application, direct lot
access to McMillan Road, Locust Grove Road and North Havasu Canyon Way
(from McMillan Road to Casa Grande Street) is prohibited.
28. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
3. 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.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact Construction Services at 387-6280
(with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State ofIdaho 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 #195, 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. Existing utilities damaged by the applicant shall be repaired by the
applicant at no cost to ACHD. The applicant shall be required to call DIGLINE
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/HA V ASU CREEK (AZ-02-022)
(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 of this 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.
C. Adopt the Meridian Fire Department Recommendations as follows:
1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute
available for a duration of2 hours to service the entire project. Fire hydrants shall
be placed an average of 400' apart. 1997 UFC Appendix ill-A.
2. Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
3. Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
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 a turn around.
5. All roads shall have a turning radius of28' inside and 48' outside.
6. Insure that all yet undeveloped parcels are maintained free of combustible
vegetation per section 1103.2.4 of the Uniform Fire Code.
7. Operational fire hydrants and temporary or permanent street signs are required
before combustible construction begins, UFC 901.4.2 & 901.3
8. A minimum of two points of access will be required for any portion ofthe project,
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXA nON AND ZONING/HA V ASU CREEK (AZ-02-022)
which serves more than 30 homes. UFC 902.2.1 The Applicant shall be allowed
a 20' wide temporary gravel sewer and temporary emergency vehicle access roads
which shall be utilized for these purposes only.
D. Additionally, comply with the action of the Council taken at their December 10,2002
meeting as follows:
1. That Lots I through 8, Block 12, along the eastern boundary, shall have only
single-story homes built with a maximum height of25 feet from grade.
2. The Applicant shall construct either a five or six foot vinyl fence along the eastern
boundary adjacent to the Crestwood Subdivision No.1 neighbors as agreed upon
in the letter submitted into the public record.
4. The City Attorney shall prepare for consideration by the City Council the appropriate
ordinance for the annexation and zoning designation ofthe real property which is the subject ofthe
application to (R-4) Low Density Residential District, and Meridian City Code S 11-7-2.
5. Subsequent to the passage ofthe Ordinance provided for in section 4 ofthis Order the
engineering staff ofthe Public Works Department shall prepare the appropriate mapping changes of
the official boundaries and zoning maps as provided in Meridian City Code S 11-21-1 in accordance
with the provisions of the annexation and zoning ordinance.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body ofthe City of Meridian.
Pursuant to Idaho Code 9 67-6521 an affected person is a person who has an interest in real property
which may be adversely affected by the issuance or denial of the annexation and zoning and who
may within twenty-eight (28) days after the date of this decision and order seek ajudtcial review as
provided by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the
'7'/!;:;-
day of
-
d af1.AA-cVl-!T
,~2.003,
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIHA V ASU CREEK (AZ-02-022)
ROLLCALL
COUNCILMAN KEITH BIRD
VOTED$t7..-
COUNCILWOMAN TAMMY deWEERD
VOTED --%-c:L-
COUNCILWOMAN CHERIE Mc CANDLESS
VOTED~~
COUNCILMAN WILLIAM L.M. NARY
VOTED~A...-
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: /- 7-03
VOTED
MOTION:
APPROVE~~@.1)ISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and
the City Attorney.
ByJb~~;j~},9
City Clerk (/
Dated:
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FINDINGS OF FACT AND CONCLUSIONS OF LA W - Page 20
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIHA V ASU CREEK (AZ-02-022)