HomeMy WebLinkAboutApplicant ResponseKEVIN E. DlNiL'S
JI;L:E KLE:N FISCHER
WId. F. GIGRAY, I❑
T. GUY HALLAM, JR.'
D.SAMUELJOHNSON
WILLIAM A. MORROW
WILLIAM F NICHOLs'
CHRISTOPHER S. NYE
•ALSO ADMITTED IN OR
••ALSO ADMITTED IN WA
...ALSO ADMITTED IN CA
WHITE PETERSON
WHITE, PETERSON,
MORROW, GIGRAY, ROSSMAN, NYE 6L ROSSti
ATTORNEYS AT LAW
PHILIP A. PETERSON
ERICA S. PHILLIPS
CANYON PARK AT THE IDAHO CENTER
EAIC S. ROSSMAN
osSM
5700 EAST FRANKLIN ROAD, SUITE 200
TODD A. ROSSMAN
NAMPA, IDAHO 83687-8402
DAVID M. SWARTLEY
PAMELA J. TARLOW"•
TEL (208) 466-9272
TERRE.NCE R. WHITE"
FAX (208) 466-4405
NICHOLAS L. WOLLEN
E-Mail: wFh whilcPctcr50n.wm
Will Berg, Jr. December 2, 2002
Meridian City Hall
Meridian, Idaho
Re: Lochsa Falls AZ, PP and CUP FFCLDO
Dear Will:
O lb �u,. 3,20-D2
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209) 2B8 �2499
FAX (208) 288-I193
PLEASE REPLY TO
NAMPA OFFICE
""`,x°RECEIVED
DEC - 2 2002
City Of Meridian
City Clerk Office
I ask that the Council defer action on the Findings for Lochsa Falls until December 17,
2002. The Developers have requested changes in the Findings and the Development Agreement.
I am reviewing the requested changes and need additional time to complete the review and
discuss the changes with staff. I have told Brian McColl, attorney for the Goldsmiths that I
would request that the findings be tabled to December 17, 2002. Thank you.
Sincerely,
WHITE PETERSON
William F. NichoIs
DEC 02 '02 1?:07
2004664405
PAGE.02
BECNY BOWCUTT PLANNING SERVICES _
November 6, 2002
City of Meridian
Attn: City Council Members
33 East Idaho
Meridian, Idaho 83642
Re: Lochsa Falls Project (CUP-02-012, PP-02-009 & AZ-02-010)
Dear Council Members:
110U E. Valli Hi Ln.
Eagle, Idaho 83616
Phonc : 484-3904 Fax: 93"21 U
RECEIVED
NOV 0 5 2002
Citv Of Meridian
City Clerk Office
This is a formal request for deferral of the Findings of Fact and Conclusions of Law for the Lochsa Falls
applications. The co -applicant Mr. Daniel Gibson requires additional time to review the information with his legal
counsel. Please defer these items to the November 19 agenda. We appreciate your cooperation and patience in this
matter.
Sincerely,
Becky Bowcu
NOV 06 '02 08:19
PPGE.01
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 10/08/02
IN THE MATTER OF THE ) Case No. CUP-02-012
REQUEST FOR CONDITIONAL )
USE PERMIT FOR A PLANNED ) FINDINGS OF FACT AND
DEVELOPMENT FOR LOCHSA ) CONCLUSIONS OF LAW AND
FALLS SUBDIVISION IN AN R-4 ) DECISION AND ORDER
ZONE, LOCATED SOUTH OF ) GRANTING CONDITIONAL USE
CHINDEN BLVD., WEST OF ) PERMIT
LINDER, NORTH OF McMILLAN )
AND EAST OF TEN MILE ROAD, ) RECEIVRD
MERIDIAN, IDAHO )
NOV - 12002
FARWEST, LLC AND DANIEL )
GIBSON, ) Clty Of Meridian.
City Clerk Office
APPLICANT )
The above entitled conditional use permit application having come before the City
Council on September 24, 2002, and continued until October 8, 2002 at the hour of 7:00 p.m., at
Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Steve Sidddoway of the Planning
and Zoning Department, Mike Wardle, Wendell Bigham, Christie Richardson, and Becky
Bowcutt, appeared and testified, and the City Council having duly considered the evidence and
the record in this matter and the Recommendations to City Council issued by the Planning and
Zoning Commission who conducted a public hearing and the Council having heard and taken
oral and written testimony, and having duly considered the matter, the City Council hereby
makes the following Findings of Fact, Conclusions of Law and Decision and Order to -wit:
FINDINGS OF FACT
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT -1
u
A notice of a public hearing on the conditional use permit was published for two
(2) consecutive weeks prior to the said public hearing scheduled for September 24, 2002 and
continued until October 8, 2002, before the City Council, the first publication appearing and
written notice having been mailed to property owners or purchasers of record within three
hundred feet (300') of the external boundaries of the property under consideration more than
fifteen (15) days prior to said hearing and with the notice of public hearing having been posted
upon the property under consideration more than one week before said hearing and the copies of
all notices were made available to newspaper, radio and television stations as public service
announcements; and the matter having been duly considered by the City Council at the
September 24, 2002 and continued until October 8, 2002, public hearings; and the applicant,
affected property owners, and government subdivisions providing services within the planning
jurisdiction of the City of Meridian, having been given full opportunity to express comments and
submit evidence.
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. This proposed development request is in an R-U-T zone and by reason of the
provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City
Council on this application.
4. The property is located south of Chinden Blvd., west of Linder, north of
McMillan and east of Ten Mile Road, Meridian, Idaho.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT - 2
5. The owners of record of the subject property are Leroy E. Brandt, Elroy
Brandt, Marty Goldsmith, Sunjay Ray M.D., Daniel Gibson, Jr., and Justin and Tamra
Martin. The applicants are Farwest, LLC and Daniel Gibson, Jr..
6. The subject property is currently zoned R-U-T by Ada County. There is, however,
an application for annexation and zoning to R-4 before the City Council which are defined within
the City of Meridian Zoning and Development Ordinance, Section 11-7-2.
7. The proposed application requests a conditional use permit for development of
the lot as follows: Construction of 856 single-family dwellings, 171 multiple -family dwellings,
11 office buildings, 1 commercial building, 1 city park, 1 private park, and 1 future fire station
lot in a proposed R-4 zone. The R-4 requested zoning designation within the City of Meridian
Zoning and Development Ordinance require a conditional use permit be obtained for most uses
including those requested by the Applicant. (Meridian City Zoning and Development Ordinance,
Section 11-8-1).
8. The proposed application is in compliance with the Meridian Comprehensive
Plan, and that the proposed within the subject application will in fact, constitute a
conditional use as determined by City Ordinance.
9. 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 and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance
establishing the Impact Area Boundary.
10. Giving due consideration to the comment 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT - 3
following conditions of development are imposed and the following is also found to be required
to mitigate the effects of the proposed use and development upon services delivered by political
subdivisions providing services to the subject real property within the planning jurisdiction of the
City of Meridian, subject to the following:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
l . Applicant shall meet all of the requirements of the Preliminary Plat as a condition of the
Conditional Use Permit.
2. The proposed 171-unit multiple -family housing project within the development shall be
required to apply for a detailed Conditional Use Permit for a Planned Development prior
to submitting for building permits.
3. The office lots in Block 1 and the office/ commercial lots in Block 54 shall be required to
apply for a detailed Conditional Use Permit prior to submitting for building permits. Staff
recommends each of these two (2) areas be submitted as an overall, detailed Planned
Development, which, upon approval, would allow each individual lot/ building to apply
directly for a building permit if in conformance with the overall PD concept.
4. The office/ commercial lots in Block 1 and Block 54 shall be required to submit for a
Planned Sign Program prior to construction of any signs on these lots. The number of
future office/ commercial signs along Chinden shall be restricted to no more than two (2)
signs and the number along McMillan shall be restricted to no more than one (1) sign. All
signs for office or commercial use shall be limited to the L-O standards in the Sign
Ordinance.
5. All site improvements (landscaping, irrigation, etc.) for the 6-acre park/ pond area in Lot
1, Block 39 shall be complete prior to the issuance of the 250`h occupancy permit for the
subdivision.
6. The Applicant shall be required to maintain the pond(s) in a manner that will prevent the
water from becoming stagnant or a public nuisance (a mosquito breeding ground).
7. All development shall comply with the Americans with Disabilities Act and the Fair
Housing Act.
B. Adopt the Recommendations of the ACHD as follows:
Site -Specific Conditions of Approval
Dedicate 48 feet of right -of —way from the centerline of Linder Road, Ten Mile Road, and
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT - 4
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).
OR
Dedicate 38 feet of right-of-way from the centerline of Linder Road, Ten Mile and
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).
2. Construct a 5 foot concrete sidewalk abutting the property on McMillan Road, Ten Mile
Road, and Linder Road. The sidewalk shall be constructed 2 feet within the new right-of-
way. If the sidewalk is proposed to meander outside of the right-of-way, the applicant
shall provide an easement to the District.
3. Construct a main entrance, North Goddard Creek Way, to intersect McMillan Road
approximately 1,100 feet east of the west property line (approximately at the half -mile).
4. Construct a main entrance, West Cayuse Creek Drive, to intersect Linder Road located
approximately 1,350 feet north of the south property line (approximately the half -mile).
5. Construct a main entrance, Wild Goose Drive, to intersect Linder Road at the south
property line.
6. Construct a center turn lane on Linder Road for West Cayuse Creek Drive to provide a
minimum of 100 feet of storage with shadow tapers for both the approach and departure
directions. Coordinate the design of the turn lane with District staff.
7. Construct a center turn lane on Linder Road for West Wild Goose Drive to provide a
minimum of 100 feet of storage with shadow tapers for both the approach and departure
directions. Coordinate the design of the turn lane with District staff
8. Construct a center turn lane on North Goddard Creek Way to provide a minimum of 100
feet of storage with shadow tapers for both the approach and departure directions.
Coordinate the design of the turn lane with District staff.
9. Construct right -turn deceleration lanes (tapers) on Linder Road for West Cayuse Creek
Drive and West Wild Goose Drive. Coordinate the design of the taper with District staff.
10. Construct right -turn deceleration lanes (tapers) on McMillan Road for North Goddard
Creek Way. Coordinate the design of the taper with District staff.
11. Construct the internal local residential roadways as a 33 foot street with curb, gutter, and
4-foot-wide detached concrete sidewalk within 50 feet of right-of-way with parking on
both sides of the roadway contingent upon approval from the Meridian Fire Department.
12. Construct North Dry Bar Avenue as a 40 foot street section with curb, gutter, and 5 foot
concrete sidewalk within 54 feet of right-of-way abutting the commercial development
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT - 5
(approximately 350 feet).
13. Construct West Ballinger Way and West Wild Goose Drive as 36 foot street sections with
curb, gutter, and 5 foot wide concrete sidewalks with no front -on housing. The access
restrictions for these street segments shall be stated on the final plat. Parking shall be
prohibited on these street segments. Coordinate the signage plan with District staff.
14. Construct West Cayuse Creek Drive, North Goddard Creek Way, North Lochsa Way as
29 foot street sections with vertical curb, gutter, and 5 foot sidewalk within 50 feet of
right-of-way.
OR
Construct West Cayuse Creek Drive, North Goddard Creek Way, North Lochsa Way as
33 foot street section with a 4 foot bike lane, curb, gutter, and 5 foot concrete sidewalk
within 50 feet of right-of-way.
15. Construct a 30 foot wide driveway located on McMillan Road approximately 250 feet
east of the west property line which meets District policy and should be approved with
this application.
16. Construct a 25 foot shared access driveway intersecting North Goddard Creek Way
approximately 420 feet north of McMillan Road extending to the west property line.
17. Construct two shared driveways (one extending east; one extending west) located on
North Dry Bar Avenue approximately 350 feet south of Chinden Boulevard.
18. Construct thirteen stub streets to the surrounding parcels.
• The Applicant is proposing to construct West Apgar Drive to the east property
line approximately 400 feet north of McMillan Road.
• The Applicant is proposing to construct West Wapoot Court to the east property
line approximately 1,100 feet north of McMillan Road.
• The Applicant is proposing to construct Parachute Hill Avenue to the south
property line approximately 600 feet east of the west property line.
• The Applicant is proposing to construct North Chimney Peak Avenue to the south
property line approximately 1,650 feet east of the west property line.
• The Applicant is proposing to construct West Cedar Grove Street to the east
property line approximately 650 feet north of the south property line.
• The Applicant is proposing to construct North Gertie Place to the north property
line approximately 100 feet west of the east property line.
• The Applicant is proposing to construct West Boulder Bar Street to the west
property line approximately 500 feet south of Chinden Boulevard.
• The Applicant is proposing to construct West Tango Creek Street to the west
property line approximately 1,025 feet south of Chinden Boulevard.
• The Applicant is proposing to construct North Powell Creek Avenue to the north
property line approximately 2,050 feet east of the west property line.
• The Applicant is proposing to construct West Glade Creek Street to the west
property line approximately 1,500 feet south of Chinden Boulevard.
• The Applicant is proposing to construct West Anatole Street to the west property
line approximately 2,350 feet north of McMillan Road.
• The Applicant is proposing to construct West Whitehouse Street to the west
property line approximately 1,800 feet north of McMillan Road.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT - 6
• The Applicant is proposing to construct West Divide Creek Street to the west
property line approximately 1,025 feet north of McMillan Road.
19. Provide a paved temporary turnaround with a temporary easement provided to the District
at the end of North Gertie Place, West Glade Creek Street and West Wapoot Court and a
sign at the terminus of all of the stub streets stating that "THIS ROAD WILL BE
EXTENDED IN THE FUTURE." Coordinate the sign plan for the stub street, and the
design of the turnaround with District staff.
20. 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 are
required on the final plat.
21. Construct one knuckle on North Goddard Creek Way located approximately 700 feet
north of McMillan Road. The island within the knuckle shall be constructed a minimum
of 4 feet wide with a minimum area of 100 square feet and designed to safely channel
traffic. The roadway around the traffic island shall maintain a minimum of a 29 foot street
section. The design shall be reviewed and approved by ACHD's Planning and
Development staff.
22. Construct a roundabout at the intersection of North Lochsa Way, North Goddard Creek
Way and West Cayuse Creek Way with 21 foot street sections on either side of the center
island. The Applicant is required to dedicate 54 feet of right-of-way plus the additional
width of the island. Coordinate the size and design of the roundabout with traffic services
staff.
23. Turnarounds shall be constructed to provide a minimum turning radius of 45 feet. The
Applicant will be required to provide a minimum of a 29 foot street section on either side
of any proposed center islands within the turnarounds. The medians shall be constructed a
minimum of 4 feet wide to total a minimum of a 100 square foot area. Dedicate 54 feet of
right-of-way plus the additional width of the median.
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. 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
5.
engineer registered in the State of Idaho shall prepare and certify all improvement plans.
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.
6. 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT - 7
7. Payment of applicable road impact fees is required prior to building construction in
accordance with Ordinance #195, also known as Ada County Highway District Road
Impact Fee Ordinance.
8. 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.
9. No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the Applicant of 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.
10. 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 perminute
available for a duration of 2 hours to service the entire project. Fire hydrants shall be
place an average of 400' apart.
2. Commercial and office occupancies will require a fire -flow consistent with the Uniform
Fire Code to service the proposed project. Fire hydrants shall be placed an average of
400' apart.
3. Multi -family residential on the site will require a fire -flow of 1500 GPM plus the amount
required by the fire sprinkler demand.
4. Acceptance of the water supply for fire protection will be y the Meridian Water
Department.
5. Final approval of the fire hydrant locations shall be by the Meridian Fire Department.
6. All roads shall have a turning radius of 28' inside and 48' outside.
7. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per
section 1103.2.4 of the Uniform Fire Code.
8. All access roads within the project shall have a clear driving surface with a minimum
width of 20' available at all times. This project proposes two types of roadway widths:
Collector Standards — 33 feet and 36 feet and Local Standards — 33 feet. ACHD installs
signs along the collectors indicating no parking on either side of the street. The 33 foot
local standard allows for parking on both sides of the roadway. Restricted parking will be
required for Blocks 2, 58, 57, 20, 36 and 28.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT - 8
1%.. V .s'
9. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
10. 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 turnaround.
11. More than one fire apparatus road shall be provided when it is determined by the Chief
that access by a single road might be impaired by vehicle congestion, conditions of
terrain, climate conditions or other factors that could limit access, as per the current UFC.
12. The proposed 876-lot subdivision with an estimated 2.9 residents per household would
have a total estimated population of 2,540 residents at build out. The proposed multi-
family lot has an estimated 171 units with a total estimated population of 495 residents at
build out. The 11 office lots and 1 commercial lot will have an unknown transient
population and will have an unknown impact on Meridian Fire Department call volumes.
The Meridian Fire Department has experienced 2069 responses in the year 2000 and 2251
calls for service in 2001. According to a report completed by Fire & Emergency Services
Consulting Group in February of 2000 our requests for service are projected to reach
2800 in the year 2005 and 3800 by the year 2010.
13. The proposed project lies outside the five-minute response zone goal. Achievement of
this goal is subject to budgetary constraints and is intended to enhance the probability of a
favorable outcome on a request for Basic Life Support. The budget constraints are
typically defined as capital outlay for facilities that are located within 1.5 miles from a
given location and sufficient operational funds to staff the facilities.
14. The proposed site location of the Meridian Fire Station meets the general requirements of
the Master Site Plan for fire station locations. The site appears to have met the minimum
lot dimensions required for a satellite location.
D. Adopt the Recommendations of the Central District Health Department as follows:
The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of Environmental
Quality.
2. Run-off is not to create a mosquito breeding problem.
3. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface
to prevent impact to groundwater and surface water quality.
4. The Engineers and architects involved with the design of the subject project shall obtain
current best management practices for stormwater disposal and design a stormwater
management system that prevents groundwater and surface water degradation.
E. Adopt the Recommendations of Meridian Parks & Recreation Department as follows:
The Developer shall provide a minimum 25 acre park site adjacent to Ten Mile Road. The
Developer would receive 100% of the park impact fees collected from the Lochsa Falls
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT - 9
1% .
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project up to the cost of the 20.51 acres at the City's expense, and the Developer shall not
be required to provide an irrigation system, rough grading, fine grading and seeding, and
said reimbursement shall not be limited to this development. The Developer shall also
donate to the City 5 acres for a future City park.
2. The Developer shall be responsible for a 14' wide hard surface pathway or section of
parking lot over the utility easement running along the south boundary of the park site.
The developer is responsible for coordinating the location of the easement with the Parks
Department.
11. It is found that the office/multiple-family housing uses are strongly related to the
primary use of the development (R-4). The office uses will provide services (medical, dental,
optical etc...) that will be complementary to the residents of the subdivision, and it will provide
employment opportunities as well. It is also found that multiple -family housing acts as an
acceptable buffer between the office uses and the detached single-family dwellings. It is found
that the proposed office and commercial uses are appropriate within the overall development of
the subdivision. The mixing of residential uses and commercial uses will encourage the office
development to be constructed in a manner that will be pedestrian friendly in design. The
proposed high -density housing will provide an immediate consumer base for the
office/commercial development.
12. It is found that the office/multiple-family housing/commercial uses are
approximately 10% of the total area of land included in the planned development.
(20.35 acres of office + 1.79 acres commercial + 10.71 acres of multi -family - 326.31 acres
100 = 9.8% of land [excluding Park and Fire Department land] within the proposed
subdivision)
It is also found that the size and intensity of the excepted uses is appropriate for this location and
size of development.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT -10
13. It is found that the expected uses (office, multi -family and commercial) will be
phased and constructed in a manner that justifies there inclusion as part of the project's primary
residential uses.
14. The uses permitted by the exception are integrated into the overall project by:
a. Finding that the office/multiple-family/commercial uses are located along
the northern and southern periphery of the overall development. It is
found that the excepted uses are within convenient walking for many of
the residents within the proposed subdivision. It is also felt that a more
centralized location of the excepted uses would bring additional traffic
into the core of the residential area and supports the current location of the
excepted uses.
b. Finding that the site design incorporates interconnectivity though shared
vehicular access points. The applicant has provided a pathway system and
has proposed a private roadway system for access to the excepteduses
from the proposed residential uses.
C. Finding that, with the addition of the micropath lot in Block 1, the
Applicant will provide adequate pedestrian and bicycle connections with
the development.
d. Finding that the excepted uses are located in a manner that will facilitate
vehicular access from the residential uses.
e. Finding that the landscaping is consistent throughout the development.
Architectural and building bulk concepts will need to be submitted with a
new detailed conditional use permits for each of the office centers (north
and south) and the multi -family housing project. The City needs to
determine what, if any, architectural/design concepts (residential and/or
commercial) shall be incorporated into all buildings within this
development.
15. It is found that the office, commercial and multi -family uses are not regional in
size or character.
16. It is found that the subject property is large enough to accommodate the requested
use and all other required features. The excepted uses are intended to be uses and services that
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT - I I
on
will be accessible by walking or bike riding from within the subdivision.
17. It is found that the current Comprehensive Plan Land Use Map designates the
property as "Single -Family Residential'. The proposed mix of residential, commercial and office
uses are harmonious with and in accordance with the Comprehensive Plan by means of approval
as a Planned Development. The project meets the requirements and objectives of the Planned
Development Ordinances and other Zoning Ordinances.
18. It is found that the design concept to be compatible with the intended character of
the area. The Generalized Land Use Map indicates that the intended use for this site is single-
family dwellings. The existing character of the property to be developed is rural/residential with
several large and smaller homes. The proposed development will change the existing character,
but it will not adversely change the essential character of area, as it was intended to be used for
single-family homes.
19. It is not anticipated that the proposed development will have an adverse impact on
the majority of the surrounding property.
20. It is anticipated that because of the phasing pattern proposed by the applicant,
significant amounts of off -site sewer and water main extensions will be necessary. The Sewer
Master Plan proposes the North Slough Trunk traversing through this proposed development. By
starting the phasing on the opposite side of the section from where the North Slough Sewer
Trunk begins traversing east (i.e. Ten Mile Road), the routing locks proposed roadway
alignments into place. If the phasing plan is approved, the applicant will be required to construct
water mains and the trunk line through the projects roadway system within the normal utility
corridors. No service lines will be allowed in the off -site segments. The applicant will also be
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT -12
required to construct an all weather 14-foot wide paved access road over the off -site segments
within this project.
21. If approved, the developer will be financing the extension of sewer, water, local
street infrastructure, utilities and irrigation services to serve the project. The primary public costs
to serve the future residents will be fire, police and school facilities and services. Although a
detailed analysis was not done specifically on Lochsa Falls, it is generally found that tax revenues
generated by urban residential development do not pay for the long-term provision of these urban
services. 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 that proposed residential, office and commercial uses themselves
will not be detrimental. However, it is found that the proposed uses will create additional traffic
on Linder, Ten Mile, and McMillan Roads and Chinden Blvd. The Traffic Impact Study
provided by the Applicant states that the development is estimated to generate 12,480 additional
vehicle trips per day (20 existing). It is also noted that the mixed use nature of the proposed
development will encourage a higher degree of trip capture within the square mile (estimated at
10% of total trips). In this regard, the "excessive production" of traffic is lessened versus a
project without accessible neighborhood services. It is not anticipated that the proposed uses will
create excessive noise, smoke, fumes, glare or odors.
23. The ACHD Commission has reviewed and approved the vehicular approaches to
Lochsa Falls Subdivision off of Ten Mile, Linder and McMillan Roads. The Idaho Transporation
Department (ITD) has also reviewed and approved the subdivision and has limited access to
State Highway 20 & 26 (Chinden) to the half -mile collector street (N. Lochsa Way). ITD
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT -13
required the elimination of the proposed access road to Chinden that is east of the half -mile
collector (N. Dry Bar). This will help to reduce future interference with traffic turning off of the
existing highway into the proposed subdivision. The applicant's traffic study finds that, at build -
out, all four (4) arterial road intersections at the corners of Section 26 will be at a LOS F. The
existing, no -build McMillan/Linder Road and Chinden/Linder Road intersections are found to
need improvement with widening of all four approaches. The Chinden/Ten Mile intersection
needs to be improved with widening of the northbound approach. It is found that a Collector
roadway connecting the subdivision to Ten Mile Road is warranted by the scale of this
development and the lack of access to the proposed city park from within the subdivision. It is
also found that the applicant has proposed adequate connections to adjacent, undeveloped
properties; thirteen (13) stub -streets for interconnectivity are proposed.lt is found that the
proposed development can be adequately served by the essential public facilities and services
listed above.
24. It is found that no natural or scenic feature will be lost, damaged or destroyed by
issuance of this conditional use.
CONCLUSIONS OF LAW
The City of Meridian shall exercise the powers conferred upon it by the "Local
Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at
Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council may exercise all the powers required and authorized
under the "Act" except the power to adopt ordinances by the establishment of a Planning and
Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT -14
Council of the City of Meridian has established by the passage of the "City of Meridian Zoning
and Development Ordinance" at Titles XI and XH, Chapter I, Meridian City Code.
3. As part of a zoning ordinance the City Council can, subject to hearing and notice
provision required, provide for the process of special and/or conditional use permits which a
proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions
under the specific provisions of the ordinance which the City of Meridian has done in the
adoption of its zoning ordinances.
4. The City Council has the duty and responsibility to review the facts and
circumstances of each application for special use permit to determine prior to granting the same
that the evidential showing supports the finding that the following standards are met and that the
proposed development: (Meridian City Code § 11-17-3)
a. 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;
b. That the proposed use and development plan will be harmonious with the
Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance;
C. 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;
d. That the proposed use, if it complies with all conditions of the approval imposed,
will not adversely affect other property in the vicinity;
e. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools, parks, police and fire protection, drainage structures,
refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed
conditional use shall be able to provide adequately any such services;
f. That the proposed use will not create excessive additional cost for public
facilities and services and will not be detrimental to the economic welfare of the community;
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 the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT - 15
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general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;
h. That the proposed use will have vehicular approaches to the property which shall
be so designed as not to create interference with traffic on surrounding public streets; and
1. 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.
5. Prior to granting a conditional use permit in the Low Density Residential District
(R-4), a public hearing shall be conducted with notice to be published and provided to property
owners or purchasers of record within three hundred feet (300') of the external boundaries of the
land under consideration for the conditional use permit all in accordance with the provisions of
Meridian City Code § 11-17-5 City of Meridian Zoning and Development Ordinance, which
provides as follows:
"Prior to approving a Conditional Use Permit, the applicant and the Commission and
Council shall follow notice and hearing procedures provided in Chapter 15 of this Title.
Provided, however, that conditional use applications for land in Old Town and in
industrial and commercial districts shall only be required to have one public hearing
which shall be held before the Planning and Zoning Commission; and after the
recommendation of the Commission is made, the application shall go before the City
Council without a public hearing and the Council may approve, deny, or modify the
recommendation of the Commission."
6. Following the public hearing and within 45 days after the conclusion of the
public hearing the Commission shall, transmit its recommendations to the Meridian City Council
with supportive reasons. The Commission shall recommend that the application be approved,
approved with conditions or denied. The Commission shall ensure that any approval or approval
with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City
of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code §
11-17-6)
7. When the City Council approves a conditional use permit it may impose
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT -16
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conditions of that approval that reasonably:
A. Minimize adverse impact on other development;
B. Control the sequence and timing of development;
C. Control the duration of development;
D. Assure that the development is maintained property;
E. Designate the exact location and nature of the development;
F. Require the provision for on -site public facilities or services; and
G. Require more restrictive standards than those generally required, in this
Ordinance.
8. The City of Meridian has, by ordinance, established the Impact Area and the
Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629,
January 4, 1994 and Maps.
DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW,
THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT
AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does
Order that:
1. That the above named applicant is granted a conditional use permit for
development and construction of 856 single-family dwellings, 171 multiple -family dwellings, 11
office buildings, 1 commercial building, 1 city park, 1 private park, and 1 future fire station lot in
an R-4 zone located south of Chinden Blvd., west of Linder, north of McMillan and east of Ten
Mile Road, Meridian, Idaho, subject to the following conditions of use and development, subject
to the following:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT -17
u
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
1. Applicant shall meet all of the requirements of the Preliminary Plat as a condition of the
Conditional Use Permit.
2. The proposed 171-unit multiple -family housing project within the development shall be
required to apply for a detailed Conditional Use Permit for a Planned Development prior
to submitting for building permits.
3. The office lots in Block 1 and the office/ commercial lots in Block 54 shall be required to
apply for a detailed Conditional Use Permit prior to submitting for building permits. Staff
recommends each of these two (2) areas be submitted as an overall, detailed Planned
Development, which, upon approval, would allow each individual lot/ building to apply
directly for a building permit if in conformance with the overall PD concept.
4. The office/ commercial lots in Block 1 and Block 54 shall be required to submit for a
Planned Sign Program prior to construction of any signs on these lots. The number of
future office/ commercial signs along Chinden shall be restricted to no more than two (2)
signs and the number along McMillan shall be restricted to no more than one (1) sign. All
signs for office or commercial use shall be limited to the L-O standards in the Sign
Ordinance.
All site improvements (landscaping, irrigation, etc.) for the 6-acre park/ pond area in Lot
1, Block 39 shall be complete prior to the issuance of the 250th occupancy permit for the
subdivision.
6. The Applicant shall be required to maintain the pond(s) in a manner that will prevent the
water from becoming stagnant or a public nuisance (a mosquito breeding ground).
7. All development shall comply with the Americans with Disabilities Act and the Fair
Housing Act.
B. Adopt the Recommendations of the ACHD as follows:
Site -Specific Conditions of Approval
1. Dedicate 48 feet of right -of —way from the centerline of Linder Road, Ten Mile Road, and
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT -18
05
application to the impact fee administrator prior to breaking ground, in accordance with
the ACHD Ordinance in effect at that time (currently Ordinance #195).
OR
Dedicate 38 feet of right-of-way from the centerline of Linder Road, Ten Mile and
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).
2. Construct a 5 foot concrete sidewalk abutting the property on McMillan Road, Ten Mile
Road, and Linder Road. The sidewalk shall be constructed 2 feet within the new right-of-
way. If the sidewalk is proposed to meander outside of the right-of-way, the applicant
shall provide an easement to the District.
3. Construct a main entrance, North Goddard Creek Way, to intersect McMillan Road
approximately 1,100 feet east of the west property line (approximately at the half -mile).
4. Construct a main entrance, West Cayuse Creek Drive, to intersect Linder Road located
approximately 1,350 feet north of the south property line (approximately the half -mile).
5. Construct a main entrance, Wild Goose Drive, to intersect Linder Road at the south
property line.
6. Construct a center turn lane on Linder Road for West Cayuse Creek Drive to provide a
minimum of 100 feet of storage with shadow tapers for both the approach and departure
directions. Coordinate the design of the turn lane with District staff.
7. Construct a center turn lane on Linder Road for West Wild Goose Drive to provide a
minimum of 100 feet of storage with shadow tapers for both the approach and departure
directions. Coordinate the design of the turn lane with District staff
8. Construct a center turn lane on North Goddard Creek Way to provide a minimum of 100
feet of storage with shadow tapers for both the approach and departure directions.
Coordinate the design of the turn lane with District staff.
9. Construct right -turn deceleration lanes (tapers) on Linder Road for West Cayuse Creek
Drive and West Wild Goose Drive. Coordinate the design of the taper with District staff.
10. Construct right -turn deceleration lanes (tapers) on McMillan Road for North Goddard
Creek Way. Coordinate the design of the taper with District staff.
11. Construct the internal local residential roadways as a 33 foot street with curb, gutter, and
4-foot-wide detached concrete sidewalk within 50 feet of right-of-way with parking on
both sides of the roadway contingent upon approval from the Meridian Fire Department.
12. Construct North Dry Bar Avenue as a 40 foot street section with curb, gutter, and 5 foot
concrete sidewalk within 54 feet of right-of-way abutting the commercial development
(approximately 350 feet).
13. Construct West Ballinger Way and West Wild Goose Drive as 36 foot street sections with
curb, gutter, and 5 foot wide concrete sidewalks with no front -on housing. The access
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT - 19
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restrictions for these street segments shall be stated on the final plat. Parking shall be
prohibited on these street segments. Coordinate the signage plan with District staff.
14. Construct West Cayuse Creek Drive, North Goddard Creek Way, North Lochsa Way as
29 foot street sections with vertical curb, gutter, and 5 foot sidewalk within 50 feet of
right-of-way.
W
Construct West Cayuse Creek Drive, North Goddard Creek Way, North Lochsa Way as
33 foot street section with a 4 foot bike lane, curb, gutter, and 5 foot concrete sidewalk
within 50 feet of right-of-way.
15. Construct a 30 foot wide driveway located on McMillan Road approximately 250 feet
east of the west property line which meets District policy and should be approved with
this application.
16. Construct a 25 foot shared access driveway intersecting North Goddard Creek Way
approximately 420 feet north of McMillan Road extending to the west property line.
17. Construct two shared driveways (one extending east; one extending west) located on
North Dry Bar Avenue approximately 350 feet south of Chinden Boulevard.
18. Construct thirteen stub streets to the surrounding parcels.
• The Applicant is proposing to construct West Apgar Drive to the east property
line approximately 400 feet north of McMillan Road.
• The Applicant is proposing to construct West Wapoot Court to the east property
line approximately 1,100 feet north of McMillan Road.
• The Applicant is proposing to construct Parachute Hill Avenue to the south
property line approximately 600 feet east of the west property line.
• The Applicant is proposing to construct North Chimney Peak Avenue to the south
property line approximately 1,650 feet east of the west property line.
• The Applicant is proposing to construct West Cedar Grove Street to the east
property line approximately 650 feet north of the south property line.
• The Applicant is proposing to construct North Gertie Place to the north property
line approximately 100 feet west of the east property line.
• The Applicant is proposing to construct West Boulder Bar Street to the west
property line approximately 500 feet south of Chinden Boulevard.
• The Applicant is proposing to construct West Tango Creek Street to the west
property line approximately 1,025 feet south of Chinden Boulevard.
• The Applicant is proposing to construct North Powell Creek Avenue to the north
property line approximately 2,050 feet east of the west property line.
• The Applicant is proposing to construct West Glade Creek Street to the west
property line approximately 1,500 feet south of Chinden Boulevard.
• The Applicant is proposing to construct West Anatole Street to the west property
line approximately 2,350 feet north of McMillan Road.
• The Applicant is proposing to construct West Whitehouse Street to the west
property line approximately 1,800 feet north of McMillan Road.
• The Applicant is proposing to construct West Divide Creek Street to the west
property line approximately 1,025 feet north of McMillan Road.
19. Provide a paved temporary turnaround with a temporary easement provided to the District
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT - 20
at the end of North Gertie Place, West Glade Creek Street and West Wapoot Court and a
sign at the terminus of all of the stub streets stating that "THIS ROAD WILL BE
EXTENDED IN THE FUTURE." Coordinate the sign plan for the stub street, and the
design of the turnaround with District staff.
20. 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 are
required on the final plat.
21. Construct one knuckle on North Goddard Creek Way located approximately 700 feet
north of McMillan Road. The island within the knuckle shall be constructed a minimum
of 4 feet wide with a minimum area of 100 square feet and designed to safely channel
traffic. The roadway around the traffic island shall maintain a minimum of a 29 foot street
section. The design shall be reviewed and approved by ACHD's Planning and
Development staff.
22. Construct a roundabout at the intersection of North Lochsa Way, North Goddard Creek
Way and West Cayuse Creek Way with 21 foot street sections on either side of the center
island. The Applicant is required to dedicate 54 feet of right-of-way plus the additional
width of the island. Coordinate the size and design of the roundabout with traffic services
staff.
23. Turnarounds shall be constructed to provide a minimum turning radius of 45 feet. The
Applicant will be required to provide a minimum of a 29 foot street section on either side
of any proposed center islands within the turnarounds. The medians shall be constructed a
minimum of 4 feet wide to total a minimum of a 100 square foot area. Dedicate 54 feet of
right-of-way plus the additional width of the median.
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. 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 of Idaho shall prepare and certify all improvement plans.
5. 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.
6. 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.
7. Payment of applicable road impact fees is required prior to building construction in
accordance with Ordinance #195, also known as Ada County Highway District Road
Impact Fee Ordinance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT - 21
8. 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.
9. No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the Applicant of 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.
10. 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 perminute
available for a duration of 2 hours to service the entire project. Fire hydrants shall be
place an average of 400' apart.
2. Commercial and office occupancies will require a fire -flow consistent with the Uniform
Fire Code to service the proposed project. Fire hydrants shall be placed an average of
400' apart.
3. Multi -family residential on the site will require a fire -flow of 1500 GPM plus the amount
required by the fire sprinkler demand.
4. Acceptance of the water supply for fire protection will be y the Meridian Water
Department.
5. Final approval of the fire hydrant locations shall be by the Meridian Fire Department.
6. All roads shall have a turning radius of 28' inside and 48' outside.
7. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per
section 1103.2.4 of the Uniform Fire Code.
8. All access roads within the project shall have a clear driving surface with a minimum
width of 20' available at all times. This project proposes two types of roadway widths:
Collector Standards — 33 feet and 36 feet and Local Standards — 33 feet. ACHD installs
signs along the collectors indicating no parking on either side of the street. The 33 foot
local standard allows for parking on both sides of the roadway. Restricted parking will be
required for Blocks 2, 58, 57, 20, 36 and 28.
9. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT - 22
10. 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 turnaround.
11. More than one fire apparatus road shall be provided when it is determined by the Chief
that access by a single road might be impaired by vehicle congestion, conditions of
terrain, climate conditions or other factors that could limit access, as per the current UFC.
12. The proposed 876-lot subdivision with an estimated 2.9 residents per household would
have a total estimated population of 2,540 residents at build out. The proposed multi-
family lot has an estimated 171 units with a total estimated population of 495 residents at
build out. The 11 office lots and 1 commercial lot will have an unknown transient
population and will have an unknown impact on Meridian Fire Department call volumes.
The Meridian Fire Department has experienced 2069 responses in the year 2000 and 2251
calls for service in 2001. According to a report completed by Fire & Emergency Services
Consulting Group in February of 2000 our requests for service are projected to reach
2800 in the year 2005 and 3800 by the year 2010.
13. The proposed project lies outside the five-minute response zone goal. Achievement of
this goal is subject to budgetary constraints and is intended to enhance the probability of a
favorable outcome on a request for Basic Life Support. The budget constraints are
typically defined as capital outlay for facilities that are located within 1.5 miles from a
given location and sufficient operational funds to staff the facilities.
14. The proposed site location of the Meridian Fire Station meets the general requirements of
the Master Site Plan for fire station locations. The site appears to have met the minimum
lot dimensions required for a satellite location.
D. Adopt the Recommendations of the Central District Health Department as follows:
1. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of Environmental
Quality.
2. Run-off is not to create a mosquito breeding problem.
3. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface
to prevent impact to groundwater and surface water quality.
4. The Engineers and architects involved with the design of the subject project shall obtain
current best management practices for stormwater disposal and design a stormwater
management system that prevents groundwater and surface water degradation.
E. Adopt the Recommendations of Meridian Parks & Recreation Department as follows:
1. The Developer shall provide a minimum 25 acre park site adjacent to Ten Mile Road. The
Developer would receive 100% of the park impact fees collected from the Lochsa Falls
project up to the cost of the 20.51 acres at the City's expense, and the Developer shall not
be required to provide an irrigation system, rough grading, fine grading and seeding, and
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT - 23
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said reimbursement shall not be limited to this development. The Developer shall also
donate to the City 5 acres for a future City park.
2. The Developer shall be responsible for a 14' wide hard surface pathway or section of
parking lot over the utility easement running along the south boundary of the park site.
The developer is responsible for coordinating the location of the easement with the Parks
Department.
2. The conditions shall be reviewable by the Council pursuant to Meridian City Code
§ 11-17-9.
3. The above conditions are concluded to be reasonable and the applicant shall meet
such requirements as a condition of approval of the application for a conditional use permit.
4. That the City Attorney draft an Order Granting Conditional Use Permit
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.
NOTICE OF FINAL ACTION
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.
By action of the City Council at its regular meeting held on the day of
2002.
ROLL CALL:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT - 24
' � L
COUNCILMAN KEITH BIRD
COUNCILWOMAN TAMMY deWEERD
COUNCILWOMAN CHERIE Mc CANDLESS
COUNCILMAN WILLIAM L.M. NARY
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED:
MOTION:
VOTED
VOTED
VOTED
VOTED
VOTED
APPROVED: DISAPPROVED:
Copy served upon Applicant, Planning and Zoning Department, Public Works
Department and the City Attorney.
By:
City Clerk
Dated:
ZAWork\M\Meridian\Meridian 15360M\Lochsa Falls Sub AZ02-010 PP02-009 CUP02-012TfUSCUP02-012.doe
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT - 25
Sep 24 02 04:27p
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SEP 24 102 16:30
PAGE. 01
Sep 24 02 04:27p
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BECKY BOW0017 PININING SERVICES
1100 E. Valli Hi Ln.
Eagle, Idaho 83616
Phone : 484-3904 Fax: 938-6210
September 23, 2002
City of Meridian
Attn: City Council
33 East Idaho
Meridian, Idaho 93642
RE u"ENP-D
SEP 2 4 2002
City Of Meridian
City Clerk Office
Re: Lochsa Falls Subdivision (Responses to Annexation, Conditional Use and Preliminary Plat Comments)
Dear Council Members:
AIV CATION tvn Z_ pN1s C-0 NOMNIS (AZ-02-010)
A. RecommcUdatio s 1an 'n d onin Public orks tall
1. The applicant is in agreement.
2. The applicant is in agreement.
3, The applicant is in agreement.
4. The applicant will comply.
5. The applicant will comply.
6. The applicant will comply.
B. RecommendatiQU of Ada C9 .,•pay District
1. ACHD has modified their policy to allow a reduction in right-of-way dedication for
arterials from 48 feet to 38 feet if the sidewalk is located outside the right-of-way in a landscape
lot. (see attached ACHD fax) By reducing the amount of dedicated area the public cost for right-
of-way acquisition will be less. Please include language stating "or as otherwise approved by
ACHD."
C. Recommend:,r;.,.,e ,.{Meridian Fire Dgparnnent
8. The Meridian Fire Department comment states: "Typical street width of 34' will be
allowed to have parking on both sides." The typical street widths for local streets under ACHD
standards are 29', 33' and 36'. This project propaRes two types of roadway widths: Collector
Standards — 33 feet and 36 feet & Local Standard — 33 feet. ACHD installs signs along the
collectors indicating no parking on either side of the street. The 33 foot local standard allows
for parking on both sides of the roadway. I believe the Fire Department is unreasonable in
setting their standard at 34 feet, which does not correlate with any agency standard.
SEP 24 '02 16:30 PPGE.ac
Sep 24 02 04:27p
p.3
The 33 foot local sections create less asphalt, reduce the amount of storm drainage,
decrease construction costs and slow traffic because of the narrower roadway.
We respectfully request the Council allow the 33 foot roadway section on the local streets with
parking on both sides. The Council considered a reduction in the street section on Heritage
Commons to a 29 foot roadway with parking on both sides.
11. The Fire Department is requesting: "A minimum of two points of access will be required
for any portion of the project, which serves more than 30 homes." This requirement is from the
International Fire Code which has not been adopted by the Meridian Fire Commission. The current
Uniform Fire Code states: " More than one fire apparatus road shall be provided when it is
determined by the chief that access by a single road might be impaired by vehicle congestion,
conditions of terrain, climate conditions or other factors that could limit access." In the past,
the threshold for secondary access was 100 lots. When a project reached that 100 mark a
second access had to be installed.
We believe that the condition as written should be modified to reflect the current regulations
in effect and adopted by the Meridian Fire Commission. If projects have to provide temporary
secondary access roads with each phase to meet the requirement, this will escalate the costs of
construction. The Fire Department should consider interconnection in future phases as acceptable
secondary access points.
L The applicant requests the Council consider a "reimbursement zone" for the proposed park.
It is our understanding that future park impact fee reimbursement beyond your development
boundaries is possible under the proposed Parks Action Plan. Since the size of the park is large
(25.51 acres) and is designated as a Community Park, this facility will serve 1-2 mile radius area.
Therefore, we believe it is reasonable for the council to consider this mechanism for future
reimbursement. The applicant is donating (5) acres at a raw land cost of S mechanism
0, so only the
remaining acreage of (20.51) would be eligible for reimbursement. Future impact fees reimbursed
to the applicant would be S 615,300. The applicant will be burdened with the carrying cost of the
park over an extended period of time. The applicant estimates lot sales could average 70 per year.
Taking into consideration this factor, it would take 13 years for the project to reimburse the
applicant S 478,538 as suggested by the Parks Department. The additional cost to Farwest
would he S 136,762. Considering the S 150,000 donation and the added expense of S 136,762,
the cost to the applicant would be S 286,762. This number does not include the carrying costs
by waiting the 13 years for reimbursement.
The current recommendation limits the reimbursement to the Lochsa project and caps the dollar
amount at S 478,538. If the park impact fees are increased in the future, the applicant would not
gain any additional monies to cover the cost of the property.
CONDITLQNALE (CUP-02-012)
A. Recommendatims of the Planning Zoning &. Public Works Staff
1. The applicant will comply with the conditions as modified by the Council.
2. The applicant will comply.
3. The applicant will comply.
SEP 24 '02 16:31 PAGE.03
Sep 24 02 04:28p
p.4
4. The applicant will comply.
S. The applicant will comply.
6. The applicant will comply.
7. The applicant will comply.
1. Please modify to read: "or as otherwise approved by ACHD." (See discussion under annexation
and rezone comments, item B1)
S�$ecommendations of M r:ac� � ep et
S. Please modify to allow 33 foot local street section with parking on both sides. (See discussion
under annexation and rezone comments, item C8)
11. Please modify to reflect current Uniform Fire Code. (See discussion under annexation and
rezone comments, item 11)
E—&commeadalians er' r
1. Please modify to allow future park impact fee reimbursement from a designated zone.
If this is not an acceptable alternative, may I suggest elimination r the reference to $ 478,538.
The Council could replace the sentence as follows: "The Developer would receive a credit collected
from the impact fees within the Lochsa Falls Development only (Based upon 862 single
family lots and 171 multi -family lots)."
PRELZMARY(PP-02-09)
��-�4Blmeedations of the Planning �-a •� e
rig ii
Site Specific Comments
I. The applicant will comply_
2. The applicant will comply.
I The applicant will comply,
4. The applicant requested as part of the Planned Unit Development application the flexibility
to install 4 foot sight obscuring fencing or 5 foot non -sight obscuring fencing along pathways
and the park. It was our understanding that the staff did not disagree with this request. Please
modify the condition as requested.
5. The applicant will comply.
6. The applicant will comply.
7. The applicant requests flexibility in the single family residential phase areas
market and engineering factors, Due to changing
the applicant may need to reduce or increase the number of lots
or may need to modify the phasing sequence. We respectfully request the Council grant staff the
SEP 24 '02 16:31 PAGE.04
Sep 24 02 04:28p
p.5
latitude necessary to review minor phase changes. The Council will have opportunity to
review the changes when final plats are submitted for their review. The applicant will
identify any deviations from the original phase plan on the final plat application and bring the
changes to the attention of staff.
8. This condition needs additional language to clarify the intent of the requirement. The applicant
shall install a ten (10) foot asphalt pathway along the south side of the east -west collector roadway
(W. Cayuse Creek Dr.) to the rotary (Horse Circle). A rive (5) foot detached concrete sidewalk
will be installed along the south side of the rotary and into N. Tignes Ave. continuing west along
W. Ladle Rapids Street to the east boundary of the Community park. The applicant shall install
(pedestrian friendly) brick or concrete pavers at intersections crossing the 10 foot pathway. The
applicant shall install directional signs along the pathway (10 and 5 foot pathway sections)
identifying the Community Park location.
-General Comments
1. The applicant will comply.
I The applicant will comply.
3. The applicant will comply.
4. The applicant will comply.
5. The applicant will comply.
6. The applicant will comply.
7. The applicant will comply.
8. The applicant will comply.
9. The applicant will comply.
10. The applicant will comply.
BI RecommVp
District
I. please modify (see previous comments)
L
1(d) -- The reference to east should be "west"
.DRecommendations of Meridian Fire pep
8. Please modify (see previous comments)
11. Please modify (see previous comments)
E`Recommendatione of Central District 14e,-L
th
1. The applicant will comply.
SEP 24 102 16;32 PAGE.05
Sep 24 02 04:28p
p.6
2. The applicant will comply.
3. The applicant will comply.
4. The applicant will comply.
F. m u
1. Please modify (see previous comments).
G. Recommendation of Idaho Power
1. The applicant will comply.
G. Recommendations of Meridian Water ftarftatg
I. Can language be included that the timing of the extension of the second water main will be
determined by the Public Works Staff?
Sincerely,
Becky Bowcatt
LAO 7
SEP 24 '02 16:32
PAGE.06
Sep 24 02 04:33p
f
SEP 24 '02 16:36 PAGE.01
Sep 24 02 04:33p p.2
10:44 SEP 24, 2002 TEL NO: (206) 3B7-6"
*39687 PAGE: 1i1
Ada County Highway District
318 E. 37th Street
Boise, ID 83714
(208) 387-6100 (208) 387-6391 FAX
Please Deliver to:
Becky Bowcutt
Fax #: 938-6210
Company:
From: Andrea Tuning
Fax #: (208) 387-6391
Phone: (208) 387-6100
Pages: 1
Message:
I have modified
t
feetof righttof-way he zepurto forc38yfeet�Oflright-of-way
(Provided that the sidewalk is placed in an easement) on
Linder Road.
If you have questions, let me know!
Andrea
SEP 24 '02 16:36
PAGE.02
09/24/2002 16:39 FAX 2088886854
Sep 24 02 04:31R t
MERIDIAN P&Z DEPT
City Clerk 10001
p- 1
SEP 2 4 2002
City Of Meridian
City Clerk Office
jkm,s 41 l o, 11
SEP 24 '02 1G:43 20eeeeG854 PAGE.01
09/24/2002 16:39 FAX 2088886854 MERIDIAN P&Z DEPT. City Clerk 10 002
Sep 24 02 04:31p *ftwl_ P.2
10.44 SEP 24, 2002 TEL NO. c208) 387-6391 #39687 PAGE: 1/1
Ada County Highway District
318 E. 37th Street
Boise, ID 83714
1208) 387-6100 (208) 387-6391 FAX
Please Deliver to:
Becky Sowcutt
Fax 0: 938-62)0
Company:
From: Andrea Tuning
Fax $: (209) 387-6391
Phone: (208) 387-6100
pagcoa 1
Me33age:
I havc modified the reputt to refloct your option to
dedicate 48-feet of right-of-way or 38-feet of right -of -may
(provided that the sidewalk is placed in an oasement) on
Linder Road.
If you have question6, let me know!
Andrea
SEP 24 102 16:44 2oeeee6e54 PAGE.02
MR. MOSS'S REQUESTS FOR R'H' '(,I' iVED
OF EASEMENT
SEP 2 q 1001
City Of Meridian
City Clerk Office
1. Lochsa developers will agree to leave lots 13, 14, adjacent to the
East side of the Moss parcel, open and used for a small park.
2. Provide two large lots (dimensions need to be specified exactly),
on both the North and South boundaries of the Moss parcel.
No more than two large homes can be built on either side.
3. Designate a common area on the Moss parcel West property line and
agree to maintain the Plum Trees, grass and landscaping.
4. All irrigation ditches will be piped contiguous to the Lochsa
Falls property including removing and paving the ditch to the East
side of the Moss parcel. The cement ditch on the East side of the
Moss parcel is a ditch that Gibson is currently using across our
property line to pipe water to his nursery stock which is located on the
West side of Mr. Moss's property. The cement ditch needs to be
either removed or filled and paved and incorporated into the existing
driveway.
5. Construct a water feature equal to or greater than all other water
features in the Lochsa Falls property development.
6. Deed lot 1, block 6 to Mr. Moss and pave a driveway across this lot
to the Southern Boundary of lot 10. Repave all of the existing
driveway in order to incorporate the two. Gibson has been allowed
to access his farm for the last 11 years using part of Mr. Moss's
driveway. That use has caused damage to the existing pavement that
Gibson has refused responsibility for.
7. Reinstall Mr. Moss's mailbox from McMillan Road to an appropriate
location at the edge of Mr. Moss's property.
8. All utilities will be stubbed to the edge of the South side of the Moss
parcel.
9. All fencing, North, South, East and West, will be wrought iron with
stained wood posts as pictured on page 20 of the Lochsa Falls
brochure and maintained by the association.
10. The homes that are built on the North Moss property line and lots
11 and 12 will be single level homes.
.�o�� TONY MOSS'FxU5 / t��� ��,,;
z'- �- 1'1�-
- =its - s
ACCOMMODATIONS MADE BY FARWEST LLC:
✓� Moved a park lot to the east of the Moss parcel.
�• Agreed to 3 single story lots on the east of the Mos
s
-�� parcel to r tain his view one of the 3 will now be an
open lot). (,4s �1/ Jz�►N R
• Provided large lots on the north and south of the Moss
parcel.
• Provided a common area on the west, and agreed to
retain Mr. MOSS's plum trees on the if possible.
• an � � '��
Agreed to
pipe y irrigation ditches contiguous to the
Lochsa Falls property. I�; .AA � rJA+- �Wetfk5€
• Agreed to construct a water feature at the McMillan
oad entryway. P fi"q-'F (2 ;4 J 6� v �i Jlik4�4v,�
Agreed to deed Lot 1, Block 6 to Mr. Moss and pave a
driveway across this lot if Mr. Moss relinquishes his
current access easement.
• Agreed to coordinate boundary fencing with Mr. Moss
consistent with the Lochsa Falls Subdivision.
I, /
WHITE PETERSON
WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A.
KEVIN E. DINIUS
PHILIP A. PETERSON
JULIE KLEIN FISCHER
ERICA S. PHILLIPS
WM. F. GIGRAY, III
ERIC S. ROSSMAN
T. GUY HALLAM*
TODD A. ROSSMAN
D. SAMUEL JOHNSON
DAVID M. SWARTLEY
LARRY D. MOORE
PAMELA J. TARLOW
WILLIAM A. MORROW
TERRENCE R. WHITE**
WILLIAM F. NICHOLS*
NICHOLAS L. WOLLEN
CHRISTOPHER S. NYE
*Also admitted in OR
** Also admitted in WA
To: Staff
Applicant
Affected Property Owner(s)
ATTORNEYS AT LAW
830 E. FIRST ST., SUITE 200
POST OFFICE BOX1150
MERIDIAN, IDAHO 83680-1150
TEL (208)288-2499
FAX (208) 288.2501 E-MAIL: NLw@whitepeterson.com
September 19, 2002
Re: Application Case No. CUP-02-012
NAMPA OFFICE
5700 E. FRANKLIN RD. STE. 200
NAMPA, IDAH083�87-8402
TEL. 208 466-9272
FAX �208� 466-4405
PLEASE REPLY TO
MERIDIAN OFFICE
RECEIVED
SEP 19 2002
City Of Meridian
City Clerk Office
FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION
Staff, Applicant and/or Affected Property Owner(s):
Please note that these Findings and Recommendations of the Planning and Zoning
Commission shall be presented to the City Council at the public hearing on the above referenced matter by the
Planning and Zoning Administrator. Due to the volume of matters which the City Council must decide, and to
insure your position 1s understood and clear, it is important to have a consistent format by which matters are
presented at the public hearings before the City Council.
The City Council strongly recommends:
1. That you take time to carefully review the Findings and Recommendations of the
Planning and Zoning Commission, and be prepared to state your position on
this application by addressing the Findings and Recommendations of the
Plannmg and Zoning Commission; and
2. That you carefully complete (be sure it is legible) the Position Statement if you
disagree with the Findings and Recommendations of the Planning and
Zoning Commission. The Position Statement form for this application is
available at the City Clerk's office.
It is recommended that you prepare a Position Statement and deliver it to the City
Clerk prior to the hearing, if possible. If that is not possible, please present your Position Statement
to the City Council at the hearing, along with eight (8) copies. The copies will be presented to the
Mayor, Council, Planning and Zoning Administrator, Public Works and the City Attorney. If you are
a part of a group, it is strongly recommended that one Position Statement be filled out for the group,
which can be signed by the representative for the group.
Very truly yours,
City Attorney's Office
ly/Z:\WORK\M\MERIDIAN\MERIDIAN 15360M\FORMS\TRANSMITTAL.DOC
BEFORE THE PLANNING AND ZONING COMMISSION
IN THE MATTER OF THE )
REQUEST FOR CONDITIONAL )
USE PERMIT FOR A PUD IN AN R-4 )
ZONE )
FARWEST LLC AND DANIEL )
GIBSON, )
Applicants )
Case No. CUP-02-012
RECOMMENDATION TO CITY
COUNCIL
The property is located south of Chinden Blvd., west of Linder, north of McMillan and
east of Ten -Mile Road., Meridian.
2. The owners of record of the subject property are Leroy E. Brandt, Elroy Brandt, Marty
Goldsmith, Sunjay Ray M.D., Daniel Gibson, Jr., and Justin and Tamra Martin.
3. Applicants are Farwest, LLC and Daniel Gibson, Jr.
4. The subject property is currently zoned RUT. The zoning district of RUT is defined
within the City of Meridian Zoning and Development Ordinance, Section 11-7-2.
5. The Applicant requests the Conditional Use Permit for development of the lot as follows:
Construction of 856 Single Family Dwellings, 171 Multiple Family Dwellings, 11 Office
Buildings, 1 Commercial Building, 1 City Park, 1 Private Park, and 1 Future Fire Station
Lot in a proposed R-4 zone. The R-4 zoning designation within the City of Meridian
Zoning and Development Ordinance requires a Conditional Use Permit be obtained for
most uses including those requested by the Applicant. (Meridian City Zoning and
Development Ordinance, Section 11-8-1).
6. The Meridian Planning and Zoning Commission recognizes that the proposed application
is in compliance with the Meridian Comprehensive Plan.
7. The use proposed which is the subject of this will, in fact, constitute a conditional use as
determined by City policy.
RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR PUD —
FARWEST AND DANIEL GIBSON - Page 1
RECOMMENDATION
The Meridian Planning and Zoning Commission hereby recommends to the City Council
of the City of Meridian that they approve the requested Conditional Use Permit as requested by
the Applicant for the property described in the application, subject to the following:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
1. Applicant shall meet all of the requirements of the Preliminary Plat as a condition of the
Conditional Use Permit.
2. The proposed 171-unit multiple -family housing project within the development shall be
required to apply for a detailed Conditional Use Permit for a Planned Development prior
to submitting for building permits.
3. The office lots in Block 1 and the office/ commercial lots in Block 54 shall be required to
apply for a detailed Conditional Use Permit prior to submitting for building permits. Staff
recommends each of these two (2) areas be submitted as an overall, detailed Planned
Development, which, upon approval, would allow each individual lot/ building to apply
directly for a building permit if in conformance with the overall PD concept.
4. The office/ commercial lots in Block 1 and Block 54 shall be required to submit for a
Planned Sign Program prior to construction of any signs on these lots. The number of
future office/ commercial signs along Chinden shall be restricted to no more than two (2)
signs and the number along McMillan shall be restricted to no more than one (1) sign. All
signs for office or commercial use shall be limited to the L-O standards in the Sign
Ordinance.
5. All site improvements (landscaping, irrigation, etc.) for the 6-acre park/ pond area in Lot
1, Block 39 shall be complete prior to the issuance of the 250th occupancy permit for the
subdivision.
6. The Applicant shall be required to maintain the pond(s) in a manner that will prevent the
water from becoming stagnant or a public nuisance (a mosquito breeding ground).
7. All development shall comply with the Americans with Disabilities Act and the Fair
Housing Act.
B. Adopt the Recommendations of the ACHD as follows:
Site -Specific Conditions of Approval
1. Dedicate 48 feet of right -of —way from the centerline of Linder Road, Ten Mile Road,
and 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
RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR PUD —
FARWEST AND DANIEL GIBSON - Page 2
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).
2. Construct a 5 foot concrete sidewalk abutting the property on McMillan Road, Ten Mile
Road, and Linder Road. The sidewalk shall be constructed 2 feet within the new right-of-
way. If the sidewalk is proposed to meander outside of the right-of-way, the applicant
shall provide an easement to the District.
3. Construct a main entrance, North Goddard Creek Way, to intersect McMillan Road
approximately 1,100 feet east of the west property line (approximately at the half -mile).
4. Construct a main entrance, West Cayuse Creek Drive, to intersect Linder Road located
approximately 1,350 feet north of the south property line (approximately the half -mile).
5. Construct a main entrance, Wild Goose Drive, to intersect Linder Road at the south
property line.
6. Construct a center turn lane on Linder Road for West Cayuse Creek Drive to provide a
minimum of 100 feet of storage with shadow tapers for both the approach and departure
directions. Coordinate the design of the turn lane with District staff.
7. Construct a center turn lane on Linder Road for West Wild Goose Drive to provide a
minimum of 100 feet of storage with shadow tapers for both the approach and departure
directions. Coordinate the design of the turn lane with District staff
8. Construct a center turn lane on North Goddard Creek Way to provide a minimum of 100
feet of storage with shadow tapers for both the approach and departure directions.
Coordinate the design of the turn lane with District staff.
9. Construct right -turn deceleration lanes (tapers) on Linder Road for West Cayuse Creek
Drive and West Wild Goose Drive. Coordinate the design of the taper with District staff.
10. Construct right -turn deceleration lanes (tapers) on McMillan Road for North Goddard
Creek Way. Coordinate the design of the taper with District staff.
11. Construct the internal local residential roadways as a 33 foot street with curb, gutter, and
4-foot-wide detached concrete sidewalk within 50 feet of right-of-way with parking on
both sides of the roadway contingent upon approval from the Meridian Fire Department.
12. Construct North Dry Bar Avenue as a 40 foot street section with curb, gutter, and 5 foot
concrete sidewalk within 54 feet of right-of-way abutting the commercial development
(approximately 350 feet).
13. Construct West Ballinger Way and West Wild Goose Drive as 36 foot street sections with
curb, gutter, and 5 foot wide concrete sidewalks with no front -on housing. The access
restrictions for these street segments shall be stated on the final plat. Parking shall be
prohibited on these street segments. Coordinate the signage plan with District staff.
14. Construct West Cayuse Creek Drive, North Goddard Creek Way, North Lochsa Way as
29 foot street sections with vertical curb, gutter, and 5 foot sidewalk within 50 feet of
right-of-way.
OR
Construct West Cayuse Creek Drive, North Goddard Creek Way, North Lochsa Way as
33 foot street section with a 4 foot bike lane, curb, gutter, and 5 foot concrete sidewalk
within 50 feet of right-of-way.
15. Construct a 30 foot wide driveway located on McMillan Road approximately 250 feet
east of the west property line which meets District policy and should be approved with
this application.
RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR PUD —
FARWEST AND DANIEL GIBSON - Page 3
\./ L
16. Construct a 25 foot shared access driveway intersecting North Goddard Creek Way
approximately 420 feet north of McMillan Road extending to the west property line.
17. Construct two shared driveways (one extending east; one extending west) located on
North Dry Bar Avenue approximately 350 feet south of Chinden Boulevard.
18. Construct thirteen stub streets to the surrounding parcels.
• The Applicant is proposing to construct West Apgar Drive to the east property
line approximately 400 feet north of McMillan Road.
• The Applicant is proposing to construct West Wapoot Court to the east property
line approximately 1,100 feet north of McMillan Road.
• The Applicant is proposing to construct Parachute Hill Avenue to the south
property line approximately 600 feet east of the west property line.
• The Applicant is proposing to construct North Chimney Peak Avenue to the south
property line approximately 1,650 feet east of the west property line.
• The Applicant is proposing to construct West Cedar Grove Street to the east
property line approximately 650 feet north of the south property line.
• The Applicant is proposing to construct North Gertie Place to the north property
line approximately 100 feet west of the east property line.
• The Applicant is proposing to construct West Boulder Bar Street to the west
property line approximately 500 feet south of Chinden Boulevard.
• The Applicant is proposing to construct West Tango Creek Street to the west
property line approximately 1,025 feet south of Chinden Boulevard.
• The Applicant is proposing to construct North Powell Creek Avenue to the north
property line approximately 2,050 feet east of the west property line.
• The Applicant is proposing to construct West Glade Creek Street to the west
property line approximately 1,500 feet south of Chinden Boulevard.
• The Applicant is proposing to construct West Anatole Street to the west property
line approximately 2,350 feet north of McMillan Road.
• The Applicant is proposing to construct West Whitehouse Street to the west
property line approximately 1,800 feet north of McMillan Road.
• The Applicant is proposing to construct West Divide Creek Street to the west
property line approximately 1,025 feet north of McMillan Road.
19. Provide a paved temporary turnaround with a temporary easement provided to the
District at the end of North Gertie Place, West Glade Creek Street and West Wapoot
Court and a sign at the terminus of all of the stub streets stating that "THIS ROAD WILL
BE EXTENDED IN THE FUTURE." Coordinate the sign plan for the stub street, and the
design of the turnaround with District staff.
20. 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 are
required on the final plat.
21. Construct one knuckle on North Goddard Creek Way located approximately 700 feet
north of McMillan Road. The island within the knuckle shall be constructed a minimum
of 4 feet wide with a minimum area of 100 square feet and designed to safely channel
traffic. The roadway around the traffic island shall maintain a minimum of a 29 foot
street section. The design shall be reviewed and approved by ACHD's Planning and
Development staff.
RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR PUD —
FARWEST AND DANIEL GIBSON - Page 4
Nft./ %%.00
22. Construct a roundabout at the intersection of North Lochsa Way, North Goddard Creek
Way and West Cayuse Creek Way with 21 foot street sections on either side of the center
island. The Applicant is required to dedicate 54 feet of right-of-way plus the additional
width of the island. Coordinate the size and design of the roundabout with traffic services
staff.
23. Turnarounds shall be constructed to provide a minimum turning radius of 45 feet. The
Applicant will be required to provide a minimum of a 29 foot street section on either side
of any proposed center islands within the turnarounds. The medians shall be constructed a
minimum of 4 feet wide to total a minimum of a 100 square foot area. Dedicate 54 feet of
right-of-way plus the additional width of the median.
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. 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 of Idaho shall prepare and certify all improvement plans.
5. 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.
6. 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.
7. Payment of applicable road impact fees is required prior to building construction in
accordance with Ordinance #195, also known as Ada County Highway District Road
Impact Fee Ordinance.
8. 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.
9. No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the Applicant of 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.
10. 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
RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR PUD —
FARWEST AND DANIEL GIBSON - Page 5
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 perminute
available for a duration of 2 hours to service the entire project. Fire hydrants shall be
place an average of 400' apart.
2. Commercial and office occupancies will require a fire -flow consistent with the Uniform
Fire Code to service the proposed project. Fire hydrants shall be placed an average of
400' apart.
3. Multi -family residential on the site will require a fire -flow of 1500 GPM plus the amount
required by the fire sprinkler demand.
4. Acceptance of the water supply for fire protection will be y the Meridian Water
Department.
5. Final approval of the fire hydrant locations shall be by the Meridian Fire Department.
6. All roads shall have a turning radius of 28' inside and 48' outside.
7. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per
section 1103.2.4 of the Uniform Fire Code.
8. All access roads within the project shall have a clear driving surface with a minimum
width of 20' available at all times. Typical street width of 34' will be allowed to have
parking on both sides. The typical collector street with a width of 29' will be required to
have restricted parking to only one side. Restricted parking will be required for Blocks 2,
58, 57, 20, 36, and 28.
9. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
10. 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 turnaround.
11. A minimum of two points of access will be required for any portion of the project, which
serves more than 30 homes.
12. The proposed 876-lot subdivision with an estimated 2.9 residents per household would
have a total estimated population of 2,540 residents at build out. The proposed multi-
family lot has an estimated 171 units with a total estimated population of 495 residents at
build out. The 11 office lots and 1 commercial lot will have an unknown transient
population and will have an unknown impact on Meridian Fire Department call volumes.
The Meridian Fire Department has experienced 2069 responses in the year 2000 and
2251 calls for service in 2001. According to a report completed by Fire & Emergency
Services Consulting Group in February of 2000 our requests for service are projected to
reach 2800 in the year 2005 and 3800 by the year 2010.
13. The proposed project lies outside the five-minute response zone goal. Achievement of
this goal is subject to budgetary constraints and is intended to enhance the probability of
a favorable outcome on a request for Basic Life Support. The budget constraints are
typically defined as capital outlay for facilities that are located within 1.5 miles from a
given location and sufficient operational funds to staff the facilities.
RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR PUD —
FARWEST AND DANIEL GIBSON - Page 6
`m'
14. The proposed site location of the Meridian Fire Station meets the general requirements of
the Master Site Plan for fire station locations. The site appears to have met the minimum
lot dimensions required for a satellite location.
D. Adopt the Recommendations of the Central District Health Department as follows:
The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of Environmental
Quality.
2. Run-off is not to create a mosquito breeding problem.
Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface
to prevent impact to groundwater and surface water quality.
4. The Engineers and architects involved with the design of the subject project shall obtain
current best management practices for stormwater disposal and design a stormwater
management system that prevents groundwater and surface water degradation.
E. Adopt the Recommendations of Meridian Parks & Recreation Department as follows:
1. The Developer shall provide a minimum 25 acre park site adjacent to Ten Mile Road.
The Developer would receive a credit of approximately $478,538.00 collected from
impact fees within the Lochsa Falls Development only (Based upon 862 single family
lots and 171 multi -family lots). The Commission supported this recommendation
unanimously. The park would be developed through City General Funds and impact fees
collected from other developments.
2. The Developer shall be responsible for a 14' wide hard surface pathway or section of
parking lot over the utility easement running along the south boundary of the park site.
The developer is responsible for coordinating the location of the easement with the Parks
Department.
bto/ZAWork\M\Meridian\Meridian 15360M\Recommendations\CUP-02-012LochsaFalls.doc
RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR PUD —
FARWEST AND DANIEL GIBSON - Page 7
J'CZ'1�C(i-GrS'�
0
December 23, 2002
City Clerk
Will Berg
33 East Idaho Avenue
Meridian, Idaho 83642
RE: Lochsa Falls FF/CL
Dear Mr. Berg,
RECEIVED
DEC 2 3 2o02
City Of Meridian
City Clerk Office
On December 17, 2002 the City council approved the Facts, Findings and Conclusions of
Law for Lochsa Falls with one week for the Developer to request further changes. After
reviewing the documents Farwest LLC and Daniel Gibson are fine with these documents
as they are.
Tha ou,
stin Martin
DEC 23 '02 14:44
208
376 2041
PAGE.02
FAX COVER SHEET
To: Will Berg
Fax: 888-4218
Phone: 888-4433
Re:
❑ Urgent ❑ For Review
• Comments:
From: Justin Martin
Pages: 2
Date: 12/23/02
Cl Please Comment ❑ Please Reply
4487./(: '�aea�%iv�(9&702 '�o-4e, �i�alea M7g4 11208J388-0189 11208J376-20¢9
DEC 23 '02 14:43
208 376 2041 PAGE.01
CITY OF
MERIDIAN
Planning
&
Zoning
Memo
To: Mayor & City Council
From: Brad Hawkins -Clark -b%K-
CC: City Clerk, City Attorney
Date: December 17, 2002
R« Consent Agenda Item Changes for E., F., G., I. and K
FXcETvET)
DEC 18 2002
CITY OF 1IERID A
Items E., F. G. — Lochsa Falls Subdivision
The Applicant's representative, Becky Bowcutt, has requested these items be tabled
to January 7, 2003 (verbal request).
Item I. — Cherry Lane Christian Church
The Applicant's representative, Larry L. Woodard, submitted a letter dated 12-0-02
proposing two changes to the Findings. Staff is in agreement with these proposed
modifications.
Item K. — Salmon Rapids No. 5
Staff has attached a copy of a section from the minutes of the 12-3-02 City Council
hearing on this item. It shows that Mr. Bird's motion was amended by Mr. Nary,
amending the motion to include "engineering compliance with the Master Grading
and Drainage Plan. Staff recommends the following section of the Order be
amended to incorporate this change in the motion:
- Pg. 5, new #A.8: Add the following condition: "Prior to issuance of a
building permit for any new dwelling unit, a licensed engineer shall certify
compliance with the approved Master Grading & Drainage Plan for this
subdivision."