HomeMy WebLinkAboutLochsa Falls CUP 02-012
Sharon Smith
From: Marlene StGeorge [ms@whltepeterson.COM]
Sent: Monday, December 16, 2002 9:28 AM
To: 'bergw@meridiancity.org'; 'greent@meridiancity.org'; 'Sharon Smith'
ee: 'Brad Hawkins-Clark'; Bill Nichols
Subject: Lochsa Falls REVISED Dev Agmt, AZ., PP, CUP Findings and Order
Good moming one and all. Attached you will find the revised above documents per communication between
Becky Bowcutt, Planning and Zoning, Public Works and our office. Therefore, due to additional revisions, these
documents should be replaced with any other Dev Agmt., Findings and the CUP Order. These will suffice as the
original documents. If you need anything further please let me know. Thanks, Marlene
RECEIVED
DEe 16 2002
City Of Meridian
City Clerk Office
12/16/2002
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR A PLANNED
DEVELOPMENT FOR LOCHSA
FALLS SUBDIVISION IN AN R-4
ZONE, LOCATED SOUTH OF
CHINDEN BLVD., WEST OF
LINDER, NORTH OF McMILLAN
AND EAST OF TEN MILE ROAD,
MERIDIAN, IDAHO
FARWEST, LLC AND DANIEL
GIBSON,
APPLICANT
C/C 10/08/02
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Case No. CUP-02-012
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL USE
PERMIT
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 of7:00 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
1. 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.
2. There has been compliance with all notice and hearing requirements set forth in
Idaho Code 967-6509, 6512, and Meridian City Code 99 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 9 11-17-4, a public hearing was required before the City
Council on this application.
4. The property is located south of Chin den 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, I commercial building, 1 city park, 1 private park, and I 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 II 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT - 3
services required by the proposed development will not impose expense upon the public if the
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:
1. Applicant shall meet all of the requirements of the Preliminary Plat as a condition ofthe
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 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 (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
I, Block 39 shall be complete prior to the issuance ofthe 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 following Recommendations of the ACHD as maybe modified by ACHD from
time to time:
Site-Specific Conditions of Approval
I. 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT - 4
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).
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 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, I 00 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT - 5
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.
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, I 00 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 ofthe 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 Chin den Boulevard.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDffiONAL USE PERMIT - 6
. 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.
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 ofthe 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 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 ofIdaho shall prepare and certify all improvement plans.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT - 7
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 ofthe 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 mGLINE (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 ofthis approval shall be valid unless they are in
writing and signed by the Applicant ofthe 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
the planned use of the subject property unless a waiver/ variance of said requirements or
other legal relief is granted pursuant to the law in effect at the time the change in use is
sought.
C. Adopt the Meridian Fire Department Recommendations as follows:
1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute
available for a duration of2 hours to service the entire project. Fire hydrants shall be
placed an average of 400' apart.
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 by 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 of28' 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT - 8
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.
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 UPc.
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 II office lots and I 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 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 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.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT - 9
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
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 ofthe park site or
the developer may construct the utilities south of the subject property within the future
street alignment ofthe Bews parcel. Ifthe developer chooses to construct the utilities
along the south boundary of the park site, the developer shall be responsible for
coordinating the location ofthe easement with the Parks Department.
11. It is found that the office/multiple-family housing uses are strongly related to the
primary use ofthe 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 ofland included in the planned development.
(20.35 acres of office + 1.79 acres commercial + 10.71 acres of multi-family 7 326.31 acres *
100 = 9.8% ofland [excluding Park and Fire Department land] within the proposed
subdivision)
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT - 10
It is also found that the size and intensity of the excepted uses is appropriate for this location and
size of development.
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 ofthe
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 I, 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT - 11
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
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. Ifthe phasing plan is approved, the applicant will be required to construct
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT - 12
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
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 ofthe 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 ofTen Mile, Linder and McMillan Roads. The Idaho Transporation
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDffiONAL USE PERMIT - 13
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
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 ofthe
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 McMillanlLinder Road and ChindenlLinder 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 proposedJt 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
I. 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 (LC. 967-6503).
2. The Meridian City Council may exercise all the powers required and authorized
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT - 14
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
Council of the City of Meridian has established by the passage of the "City of Meridian Zoning
and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code.
3. As part ofa 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 ofthe 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 9 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 ofthis 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 ofthe 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 ofthe 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT - 15
facilities and services and will not be detrimental to the economic welfare ofthe 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
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
i. That the proposed use will not result in the destruction, loss or damage of a
natural, scenic or historic feature considered to be of major importance.
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 9 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 ofthis 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 9
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT - 16
11-17-6)
7. When the City Council approves a conditional use permit it may impose
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 of856 single-family dwellings, 171 multiple-family dwellings, 11
office buildings, I commercial building, 1 city park, I private park, and I future fIre station lot in
an R-4 zone located south of Chin den Blvd., west of Linder, north of McMillan and east ofTen
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT -17
Mile Road, Meridian, Idaho, subject to the following conditions of use and development, 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 17 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 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 I 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 officel 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 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 following Recommendations of the ACHD as maybe modified by ACHD from
time to time:
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT - 18
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 ofthe 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 ofthe 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.
II. 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDffiONAL USE PERMIT - 19
both sides ofthe 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 fmal 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 ofthe 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 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 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 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 Chinden Boulevard.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT - 20
· 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 ofthe 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 ofthis 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 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 ofIdaho shall prepare and certify all improvement plans.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT - 21
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 ofthe 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 cal1 mGLINE (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 ofthe 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 waiverl 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 fol1ows:
1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute
available for a duration of 2 hours to service the entire project. Fire hydrants shall be
placed an average of 400' apart.
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 by the Meridian Water
Department.
5. Final approval ofthe fire hydrant locations shall be by the Meridian Fire Department.
6. All roads shal1 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT - 22
8. All access roads within the project shall have a clear driving surface with a minimum
width of20' 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.
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 of2,540 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 II office lots and I 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 200 I. 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 staffthe 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT - 23
management system that prevents groundwater and surface water degradation.
E. Adopt the Recommendations of Meridian Parks & Recreation Department as follows:
I. 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
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 or
the developer may construct the utilities south of the subject property within the future
street alignment of the Bews parcel. Ifthe developer chooses to construct the utilities
along the south boundary of the park site, the developer shall be 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
9 11-17-9.
3. The above conditions are concluded to be reasonable and the applicant shall meet
such requirements as a condition of approval ofthe 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 9 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT - 24
judicial review as provided by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the ---11~ day of
(:).L~1ou- , 2002.
ROLL CALL:
COUNCILMAN KEITH BIRD
VOTED~
COUNCILWOMAN TAMMY deWEERD
VOTED~
COUNCILWOMAN CHERIE Mc CANDLESS
VOTED~
COUNCILMAN WILLIAM L.M. NARY
VOTED o.YJ ~t
MAYOR ROBERT D. CORRIE (Till BREAKER)
DATED: "2..-\1-0'2...
MOTION: ~
APPROVED: ~
VOTED -
DISAPPROVED:
Copy served upon Applicant, Planning and Zoning Department, Public Works
Department and the City Attorney.
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT - 25
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR A PLANNED
DEVELOPMENT FOR LOCHSA
FALLS SUBDIVISION IN AN R-4
ZONE, LOCATED SOUTH OF
CHINDEN BLVD., WEST OF
LINDER, NORTH OF McMILLAN
AND EAST OF TEN MILE ROAD,
MERIDIAN, IDAHO
FARWEST, LLC AND
DANIEL GIBSON,
APPLICANT
C/C 10/08f02
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Case No. CUP-02-012
ORDER GRANTING
CONDITIONAL USE PERMIT
1. This matter coming before the City Council on the July 16, 2002, under the
provisions of Meridian City Code 9 11-17-4 for final action on conditional use permit application
and the Council having received and approving the Recommendation of the Planning and Zoning
Commission the Council takes the following action:
2. That the above named applicant is granted a conditional use permit for
development 0008 building lots consisting of260 single-family detached lots, 32 single-family
attached lots, 11 office/multiple family lots, and five commercial lots, and 30 other lots
consisting of a 4-acre park!pond, a 30' wide pathway adjacent to the Canal, alleys, an irrigation
lot, tot lots and landscaping lots in a R -4 and CoG zones located a 1/2 mile south of Overland
ORDER CONDITIONAL USE PERMIT
(CUP-02-012)
-1
Road on the east side of Eagle Road, Meridian, Idaho, subject to the following conditions of use
and development:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
I. Applicant shall meet all of the requirements of the Preliminary Plat as a condition of the
Conditional Use Permit.
2. The proposed l7l-unit multiple-family housing project within the development shaH 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 10t/ building to apply
directly for a building permit if in conformance with the overall PD concept.
4. The office! commercial lots in Block I 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
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 following Recommendations of the ACHD as may be modified by ACHD from
time to time:
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
ORDER CONDITIONAL USE PERMIT
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-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).
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 ofthe 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 ofthe 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).
ORDER CONDITIONAL USE PERMIT
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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 ofthe 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 l,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 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.
ORDER CONDITIONAL USE PERMIT
(CUP-02-012)
-4
· 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.
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 shan be relocated outside ofthe right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the site
shan be borne by the developer.
3. Replace any existing damaged curb, gutter, and sidewalk and any that may be damaged
during the construction ofthe 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 shan 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.
ORDERCONDITIONALUSEPERNDT
(CUP-02-012)
-5
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 mGLINE (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 ofthe 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
the planned use of the subject property unless a waiver/ variance of said requirements or
other legal relief is granted pursuant to the law in effect at the time the change in use is
sought.
C. Adopt the Meridian Fire Department Recommendations as follows:
1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute
available for a duration of 2 hours to service the entire project. Fire hydrants shall be
placed an average of 400' apart.
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 ofthe water supply for fire protection will be by 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. This project proposes two types of roadway widths:
ORDER CONDITIONAL USE PERMIT
(CUP-02-012)
-6
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.
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 UPc.
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 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 ofthe 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.
ORDER CONDITIONAL USE PERMIT
(CUP-02-012)
-7
I
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 Pans
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 shan 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 ofthe park site or
the developer may construct the utilities south of the subject property within the future
street alignment of the Bews parcel. If the developer chooses to construct the utilities
along the south boundary of the park site, the developer shall be responsible for
coordinating the location ofthe easement with the Parks Department.
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. Notice to Permit Holder, this conditional use permit is not transferable without
complying with the provisions of Meridian City Code 9 11-17-8, a copy of which is attached to
this permit.
By action of the City Council at its regular meeting held on the
11th-
day of
~WM-\rvv
,2002.
Copy served upon Applicant, the Planning and Zoning Department, Public W~S\T:}1!~_ /nJ1p,t
. ~~~- ~
and City Attorney. ",~~. ~ ()/... "/,
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ORDER CONDITIONAL USE PERMIT - 8 'hltll" oIcll,\l11'
(CUP-02-012)