PZ Recs Lochsa Falls Sub CUP 02-012
WHITE PETERSON
WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A.
KEVIN E. DlNlUS
JULIE KLEIN FrsCHER
WM. F. GIGRAY, III
T. GUVHALLAM*
D. SAMUEL JOHNSON
LARRY D. MOORE
WilLIAM A. MORROW
WILLlAMF. NICHOLS'"
CHRISTOPHER S. NVE
PHILJP A. PETERSON
ERICA S. PHlLLIPS
ERIC S. ROSSMAN
TODD A. ROSSMAN
DA\IloM. SWARTLEY
PAMELA J. TARLOW
TERRENCER. WHITE"''''
NICHOLAS L. WOLLEN
PLEASE REPLY TO
MERIDIAN OFFICE
ATTORNEYS AT LAw
NAMPA OFFICE
5700 E. FRANKLIN RD"}, STE. 200
NAMPA, IDAHO 83087-8402
TEL. {208/466-9272
FAX (208 466-4405
830 E. FIRST ST., SUITE 200
POST OFFICE Box1150
MERIDIAN, IDAHO 83680-1150
TEL (206) 268-2499
FAX (208) 288"2501 E.MAIL; NLw@whitepeterson.com
... Also admitted in OR
"'* Also admitted in W A
September 19, 2002
RECEIVED
SEP f 9 2002
City Of Meridian
City Clerk Office
To:
Staff
Applicant
Affected Property Owner( s)
Re: Application Case No. CUP-02-012
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 oil 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 is 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 Zomng Commission; and
2. That you carefully complete (be snre it is legible) the Position Statement if you
disagree with the Findings and Recommendations of the PIanninl\ and
Zomng Commission. The Position Statement form for this applicatIon is
availaole 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, ifpossible. lfthat 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,
~L'.
City Attorney's Office
ly/Z:\WDRK\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 )
)
)
)
)
Case No. CUP -02-012
RECOMMENDATION TO CITY
COUNCIL
FARWEST LLC AND DANIEL
GIBSON,
Applicants
1. The property is located south of Chin den Blvd., west of Linder, north of McMillan and
east ofTen-Mile Road., Meridian.
2. The owners of record ofthe 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 ofthe lot as follows:
Construction of 856 Single Family Dwellings, 171 Multiple Family Dwellings, II Office
Buildings, 1 Commercial Building, I City Park, I 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 ofthe requirements of the Preliminary Plat as a condition of the
Conditional Use Permit.
2, The proposed I 7 I-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 I 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 (I) 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
I, Block 39 shall be complete prior to the issuance of the 250lh 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 ofthe 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 oftheright-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 ofthe 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 ofthe 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 ofthe taper with District staff.
II. Construct the intemallocal 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 GlBSON - Page 3
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 Chin den 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 ofthe 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 Chin den 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 Chin den 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 tenninus 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 -
F ARWEST AND DANIEL GIBSON - Page 4
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 ofthe 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 ofthe 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 ofldaho 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 DlGLlNE (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 ofthe 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
RECOMMENDA nON TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR PUD -
F ARWEST 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 of20' available at all times. Typical street width of34' 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.
II. 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 of2000 our requests for service are projected to
reach 2800 in the year 2005 and 3800 by the year 2010.
13. The proposed proj ect lies outside the five-minute response zone goal. Achievement of
this goal is subj ect 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 defmed 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
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 Environrnental
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 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.
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RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR PUD -
FARWEST AND DANIEL GIBSON - Page 7