PZ - Applicant's Response to Staff Report 3-18 GIVENS PURSLEYLLP
Attorneys and Counselors at Law
601 W.Bannock Street Gary G.Allen Neal A.Koskella Randall A.Peterman
PO Box 2720 Charlie S.Baser Michael P.Lawrence Blake W.Ringer
Boise,ID 83701 Christopher J.Beeson Franklin G.Lee Michael O.Roe
Telephone:208-388-1200 Jason J.Blakley David R.Lombardi Cameron D.Warr
Facsimile:208-388-1300 Clint R.Bolinder Lars E.Lundberg Robert B.White
Jeff W.Bower Kimberly D.Maloney Michael V.Woodhouse
www.givenspursley.com Preston N.Carter Kenneth R.McClure
Jeremy C.Chou Kelly Greene McConnell
Michael C.Creamer Alex P.McLaughlin William C.Cole(Of Counsel)
Deborah E.Nelson Amber N.Dina Melodie A.McQuade
208 388 1215 Bradley J.Dixon Christopher H.Meyer
den@givenspursley.com Thomas E.Dvorak L.Edward Miller Kenneth L.Pursley(1940-2015)
Debora Kristensen Grasham Judson B.Montgomery James A.McClure(1924-2011)
Donald Z.Gray Deborah E.Nelson Raymond D.Givens(1917-2008)
Brian J.Holleran W.Hugh O'Riordan,LL.M.
Kersti H.Kennedy Samuel F.Parry
March 17, 2021
City of Meridian Planning and Zoning Commission
c/o Planning Staff and City Clerk
33 East Broadway Avenue
Meridian, ID 83642
RE: Skybreak(H-2020-0127)
Applicant's Response to Staff Report for 3-18-21 PZC Hearing
Dear Planning and Zoning Commission Members:
On behalf of the Skybreak development team, we are pleased to present Skybreak, a
premier golf community specially designed for empty nesters looking for active adult living in a
beautiful, walkable neighborhood with a variety of homes that include exceptional rim view lots.
Skybreak includes many unique property and site design features, including an interior
gated community; golf cart access to the adjacent Boise Ranch Golf Course;narrow private streets
intentionally designed without sidewalks to prioritize walking and convening on the streets over
car use; walking paths through a natural hillside along the Southern Rim; limited accessibility on
the eastern end of the property due to topography and existing developments that do not provide
road access; two areas that are separated by natural features including a steep hillside and a large
irrigation canal; and numerous smaller open space areas dispersed throughout the property and
connected by pathways.
The geographical features and location of the Skybreak property provide a great
opportunity for this unique gated development with diverse housing ranging from attached homes
along Eagle Road to premier view lots with custom homes along the Southern Rim.But these same
unique features,coupled with the applicant's desire to provide a different kind of living experience,
do not lend themselves to ordinary development patterns or the standard preferences of City
planning staff—for example, staff s preferences for a large centralized park and wide ungated
streets to support vehicular activity.
City of Meridian Planning and Zoning Commission
March 17, 2021
Page 2
Some of staff s concerns stated in the staff report are based on inaccurate facts (e.g., as to
schools) or are inconsistent with City decisions on similar issues (e.g., as to fire and gated
communities). In this response letter and at the hearing,we hope to clear up misconceptions about
the development and also to help the Commission understand all of the reasons why Skybreak
should be approved.
Skybreak fulfills Comprehensive Plan goals for diverse housing and price points, quality
neighborhoods with ample open space, construction of regional pathways, logical expansion of
City infrastructure, development in a high priority growth area and transition to surrounding
neighborhoods. The Meridian Fire Department has stated they can serve this site, and the
development meets all Fire Code standards for access. The site is served by utilities, and the
development will maximize use of the sewer trunk line that ends at this property. All public works
engineering requirements will be met. The development will not burden area schools. The
surrounding road network meets required levels of service, and Ada County Highway District has
no concerns with the development. All proposed densities meet the Future Land Use Map, and the
site is designed to transition to surrounding developments. Skybreak far exceeds Code
requirements for open space and amenities.
The development team has worked with City staff on the Skybreak development plan for
more than a year, making many adjustments, including removing 24 residential lots, adding 30
attached homes, decreasing the number of homes in the gated community, increasing open space
areas and pathways and increasing lot sizes and setbacks adjacent to existing neighbors. During
that time, developments around this site have progressed and been approved, West Ada School
District has redistricted schools to create capacity in this area,ACHD has begun road construction
to widen Eagle Road and the City has begun proceedings to approve the new South Meridian Fire
Station planned just a half mile from this site.
We believe the current,updated site plan is both desirable and approvable,and we are ready
to proceed to hearing. We look forward to presenting to the Commission why Skybreak will be a
great addition to the City of Meridian.We provide specific responses to the staff report and provide
proposed conditions of approval in the enclosed document. Thank you for your consideration.
Sincerely,
Deborah Nelson
City of Meridian Planning and Zoning Commission
March 17, 2021
Page 3
Applicant's Response to Staff Report for 3-18-21 PZC Hearing
Fire Service (pp. 3, 13-14):
• The staff report points to fire service as a basis for denial, but the Meridian Fire
Department("MFD") letter updated 3-3-21 states: "This project can be serviced by the
Meridian Fire Department."
• The staff report suggests the lack of access to Lake Hazel Road is problematic.
However:
o The connection is not necessary. Skybreak meets all Fire Code requirements for
access.
o The connection is not viable given the steep slope and natural hillside of the
Southern Rim in this location. The MFD letter explains that MFD previously
requested a connection to Lake Hazel to the north, "but found that the preservation
of the Southern Rim prevents such an access."
o Most importantly, the City did not require this road connection through the Pura
Vida development, which is between Skybreak and Lake Hazel Road. Skybreak
provides three stub roads to the north, including to Pura Vida. The City approved
Pura Vida just two months ago without requiring any road connection between
(i)the portion of Pura Vida that is adjacent to and connected to Skybreak, above
the Southern Rim hillside and (ii) the portion of Pura Vida that is adjacent to and
connected to Lake Hazel Road, below the Southern Rim hillside.
• The staff report suggests the gates are problematic for fire response. To alleviate any
delay caused by gates, MFD is requiring Opticom devices and applicant agrees.
• The reliability of Meridian Fire Station#4 is 78%per the MFD letter,not 77%as stated
in the staff report at p.3. Pura Vida is the same distance from the same fire station and
was approved just two months ago. Pinnacle and Lavender Heights are farther from the
same fire station and were also recently approved.
• The new South Meridian Fire Station is only a half mile away and is planned to open
in 2023. The first phases of Skybreak to be constructed are already within MFD's five-
minute response time goal.
• The applicant agrees with MFD's requirement to provide a wildland safety plan for the
natural hillside.
Schools (pp. 4, 10):
• The staff report relies on incorrect school data to conclude the development
overburdens schools. The March 8, 2021 letter from West Ada School District is
applicable here.
City of Meridian Planning and Zoning Commission
March 17, 2021
Page 4
• WASD estimates Skybreak will generate 230 students based on their standard formula
of 0.7 per home, not 247 as stated in the staff report. As an active adult neighborhood
targeting empty nesters, Skybreak is expected to generate far fewer students than the
standard estimate.
• Students will attend Hillsdale Elementary, which has capacity of 700 and enrollment
of 645, not Silver Sage Elementary as noted in the staff report.
• Lake Hazel Middle School has capacity of 1,000 and enrollment of 920.
• Mountain View High School was recently expanded and has capacity of 2,175 and
enrollment of 2,210. As noted in the Pura Vida record with the same schools and
capacities, City staff s discussions with WASD indicate that Mountain View High
School can absorb approximately 450 students above the stated planned capacity
without problems (even outside of COVID, when enrollment has been reduced).
Students have off periods and move classrooms, creating flexible placement
opportunities to maximize building space and accommodating fluctuations in
enrollment.
Utilities (p. 4):
• The staff report incorrectly states that sewer will be available when constructed by The
Keep Subdivision. The Keep already has constructed sewer and water mains on Eagle
Road at our main entry location.
• All utility easements can be accommodated, including within the gated private streets.
The Skybreak private street width of 27' matches ACHD's public street width for 27'
reduced-width local streets, where utilities can be accommodated.
• In other developments, public works has allowed and even, in some cases, required
water and sewer mains to be within common drives to avoid longer lines that have to
be maintained. At the preliminary plat stage, detailed engineering design is not done.
The applicant will work with public works to meet all of their requirements.
• Skybreak is the last property mapped to be served by this sewer trunk line, so its
development will maximize use of the line,providing new property taxes and user fees
to support existing infrastructure. South of the Skybreak property will connect to the
sewer trunk line extended to Pinnacle to the west.
Owner(p. 6):
• The staff report incorrectly identifies the owner of the property; the reference on page
6 should be corrected to: C4 Land LLC,per the Deed in the record.
Comprehensive Plan/FLUM (pp. 7, 10):
• The staff report suggests on page 7 that Skybreak does not meet the Future Land Use
Map because approximately six acres of the development do not meet the underlying
City of Meridian Planning and Zoning Commission
March 17, 2021
Page 5
Low Density Residential ("LDR") designation when 74 acres of the property is
designated Medium Density Residential ("MDR").
• To support this position, the staff report cites an incorrect density for this area—it is
3.4, not 3.8. The Comprehensive Plan provides that it is appropriate to round down
when aligning densities, bringing this in line with the LDR density range.
• More importantly, as the staff report later explains on page 10, Comprehensive Plan
designations are not parcel specific and, because MDR is the predominate designation
within the proposed development, it is appropriate for all of Skybreak's densities to
match the MDR densities of 3-8 units/acre.
Housing Variety(p. 7):
• The Comprehensive Plan"encourage[s] a variety of housing types that meet the needs,
preferences, and financial capabilities of Meridian's present and future residents."
• Skybreak includes attached homes and detached single-family homes in a wide range
of sizes and types—from single-story homes on smaller lots to larger two-story custom
homes on 1/2-acre lots inside a gated community—providing choices based on
preference and price point.
• Skybreak not only provides variety within the development but also provides a unique
living opportunity in the City as an active adult, golf-access, gated community.
Site Design Compatible with Surrounding Uses (p. 8):
• The staff report incorrectly states on page 8 that Skybreak's Phase 9—along Eagle
Road in the southwest corner—abuts one-acre lots in the Vantage Pointe Subdivision.
• Skybreak Phase 9 abuts un-subdivided, undeveloped County land designated as LDR
on the City's Future Land Use Map. This land, which borders Eagle Road, likely will
be developed with 8,000-9,000 SF lots at a density of approximately three units/acre.
• Only the southeast portion of Skybreak abuts Vantage Pointe's one-acre lots. Skybreak
transitions to these lots with larger half-acre lots, increased setbacks and a commitment
to single-story homes. This 2:1 transition between one-acre lots and half-acre lots is
consistent with the Comprehensive Plan and is the size originally suggested by City
staff in prior meetings about this development.
Open Space (pp. 9, 16):
• Skybreak far exceeds all City Code open space and amenity requirements, with 18.8%
open space and 14 amenities, where only 10% open space and four amenities are
required. Page 16 of the staff report incorrectly states there is 18.4% open space.
City of Meridian Planning and Zoning Commission
March 17, 2021
Page 6
• The extra endcap landscaping that the staff report suggests on page 9 be relocated is
intentionally designed to create grand entrances at each street, privacy and screening,
and peaceful, passive spaces along walking paths.
• The applicant has carefully considered the preferences of Skybreak's target
demographic and intentionally distributed smaller active and passive open space areas
and amenities throughout the 80-acre property—including two dog parks, a park with
a playground and picnic structure, a one-acre landscaped play area, a natural hillside
with views and pathways and areas with climbing rocks and benches with specimen
trees—all connected by over a mile of pedestrian pathways.
• A large centralized park is not desired or needed in Skybreak. The City's 77-acre
Discovery Park is a half-mile walk from Skybreak.
Traffic Impacts (p. 10):
• The staff report incorrectly states on page 10 that Eagle Road has no curb, gutter or
sidewalks. The Keep Subdivision already improved their frontage on the west side of
Eagle Road. Skybreak will improve its frontage on the east side, construct a center turn
lane and widen the roadway.
• ACHD approved the Skybreak traffic impact study and preliminary plat and had no
concerns; all levels of service are met with planned improvements.
Gated Community(pp. 11, 12):
• Skybreak includes four gated access points—two full access and two emergency
access—to serve 112 homes.
• The City has historically interpreted the 50-lot requirement for gated communities to
apply as a per-gate standard to ensure safe access, and the City has approved alternative
compliance for more than 50 homes per gate. Examples include:
o Paramount/Cadence (2017): 196 homes served by two gates;
o East Ridge Estates (2017): 98 homes served by two gates;
o Movado Estates (2016): 105 homes served by two gates.
• Skybreak is ideally suited for a gated community for several reasons:
o The site has limited options for connectivity given Boise Ranch Golf Course to the
east with no road access, Vantage Pointe Subdivision to our southeast with no road
access, Pura Vida to our northeast with no road access to Lake Hazel and the
intervening Southern Rim.
o The rectangular shape of the property requires a long east-west collector roadway
with no driveways,which could lead to speeding concerns;the gates will force cars
to slow down.
City of Meridian Planning and Zoning Commission
March 17, 2021
Page 7
o The Southern Rim along the property's eastern end provides view properties that
are perfect for high-end, executive housing. Buyers for these home sites prefer
gated communities.
o Skybreak's target residents—active older adults—also value the security a gated
community offers.
Private Streets (pp. 11, 12):
• The staff report on page 12 identifies maintenance and interconnectivity with
surrounding developments as the reasons staff does not support Skybreak's application
for private streets.
• As to maintenance,the private streets will be maintained in perpetuity by the Skybreak
Homeowner's Association based on restrictive covenants with detailed road
maintenance budgets and assessments. A dedicated account will accumulate funds for
future repairs and maintenance of the private streets. Our target homeowners desire
gates and private streets, not a pool and clubhouse; they will pay homeowner
assessments to maintain the gates and private streets just like other HOAs pay for
clubhouses and pools.
• As to interconnectivity, it is not the gates that limit connectivity of the gated portion of
Skybreak to surrounding developments—it is the topography and the lack of street
connections available in existing surrounding developments. Boise Ranch Golf Course
to the east has no road access to our site; Vantage Pointe Subdivision to our southeast
has no road access to our site; and Pura Vida to our northeast was approved last month
with no road access between our site and Lake Hazel Road across the intervening
Southern Rim. This lack of available connectivity makes this site ideally suited for a
gated community.
• Where Skybreak can connect to surrounding properties, it does, with three road
connections to the north and two road connections to the south.
• Skybreak's gated private streets are intentionally designed without sidewalks to
prioritize the use of streets for walking,biking and convening with neighbors. Cars are
a secondary use. This design creates a safe,walkable community within the gates,with
limited hardscape and slow, controlled traffic. This design has been approved and
successfully implemented in other developments, including Movado Estates in
Meridian and The Orchards in Boise.
• Issues with private streets will be decided by the City Council. Consistent with City
Code, the applicant is appealing the Director's decision to deny the private street and
alternative compliance applications to the City Council.
City of Meridian Planning and Zoning Commission
March 17, 2021
Page 8
R-15 Zoning (p. 11):
• Skybreak requested R-15 zoning following City staff s new interpretation of City Code,
changed since prior approvals, that private streets are not allowed in the R-8 zone.
• Contrary to statements on page 11 of the staff report, City staff advised the applicant a
PUD would not work to support private streets and staff did not support a Code change.
• Skybreak meets all R-8 dimensional requirements and density, and the R-8 limits will
be conditioned in the Development Agreement recorded against the property.
Block Length/Cul-de-Sac (p. 12):
• The staff report on page 12 describes areas that require Council approval for block
length. We address each here:
o Block 9,north side of the Farr Lateral—A path or street intersection is not feasible
here given the Lateral location and the fact that the multi-use pathway must be
constructed on the south side of the Lateral to accommodate approved
developments across Eagle Road. The applicant will request Council approval of
the block length consistent with UDC 11-6C-3F, which allows the Council to
approve blocks up to 1,200 feet in length where a site is constrained by conditions
that include "a large irrigation facility."
o Block 5, south of Private Street A — The applicant will add a pedestrian pathway
connection between Lots 183 and 184 in Block 5 to break up the block length.
o Cul-de-sac in Phase 8 in the northeast corner—The applicant will request Council
approval of the cul-de-sac length consistent with UDC 11-6C-3B,which allows the
Council to approve a dead end street up to 750 feet in length where "there is a
physical barrier such as a steep slope, ... that prevents or makes impractical
extension; and where a pedestrian connection is provided from the street to an
adjacent existing or planned pedestrian facility." The steep slope of the Southern
Rim's natural hillside makes extension impractical, and a pedestrian connection is
provided.
Access Across Farr Lateral (p. 13):
• The staff report suggests at page 9 that the applicant should construct a new access over
the Farr Lateral to provide legal access to the Phase 9 lots in the southwest corner along
Eagle Road. This is neither necessary nor practical here:
o Skybreak already does have legal access across the Farr Lateral to the property to
the south for emergency secondary access.
o Skybreak will have primary access in that same location when the property to the
south develops. ACHD has already conditioned the Phase 9 final plat on having
that primary access.
City of Meridian Planning and Zoning Commission
March 17, 2021
Page 9
o There are already two road crossings of the Farr Lateral (Eagle Road and Vantage
Pointe Lane) within 1,000 feet. A third road crossing within 1,000 feet is
unnecessary and is not supported by ACHD (who would have to maintain the
bridge) or the irrigation district.
Landscaping Along Farr Lateral and on Natural Hillside (pp. 16, 17, 18):
• The staff report on pages 16 and 17 states that landscaping is inadequate in two
locations:
o Farr Lateral — The landscape plan does show trees along the Farr Lateral, placed
outside of the irrigation district's easement area; the applicant will meet the
standards in UDC 11-3G-3E.
o Lot 46, Block 5 (the natural hillside) [Note that page 17 of the staff report
incorrectly references the hillside lot as Lot 45.] — The applicant requests this
hillside be maintained with natural vegetation, and trimmed biannually to reduce
fire risk in accordance with the wildland safety plan to be approved by MFD.
Traditional landscaping would negatively impact the natural aesthetic and unique
foothills feel of the area. Trees and other added fuels would also create a fire hazard
and are inconsistent with the wildland safety plan. The applicant requests
alternative compliance to allow Lot 46, Block 5 (the natural hillside) not to meet
the Code's standard landscaping requirements.
• The staff report on page 18 requests the Farr Lateral be fenced adjacent to the pathway.
The lateral will be fenced with open-vision fencing as required by the irrigation district.
Proposed conditions of approval:
We respectfully request the Commission recommend approval of the Skybreak
applications subject to the following proposed conditions of approval:
1. The applicant shall add a pedestrian pathway connection between Lots 183 and 184,
Block 5 to break up the block length.
2. Rear yard setbacks shall be 30' for Lots 75-77, Block 5, which directly abut existing
residences in the Vantage Pointe Subdivision to the south.
3. Exterior (south) side yard setback shall be 15' for 74, Block 5, which directly abuts
existing residences in the Vantage Pointe Subdivision to the south.
4. A wildland safety plan for the hillside shall be submitted to and approved by the
Meridian Fire Department prior to the approval of the first final plat.
5. Development shall be consistent with the maximum density and minimum dimensional
standards listed in UDC Table 11-2A-6 for the R-8 zoning district.
City of Meridian Planning and Zoning Commission
March 17, 2021
Page 10
Applicant will request Council approval of the following based on the current site plan and
for the reasons described in the Application, supporting materials, correspondence and testimony:
1. Approval of the appeal of the Director's decision to deny the private street application,
along with the accompanying alternative compliance requests to allow 112 homes
within four gates and to allow three common drives off of private streets,per UDC 11-
6C-3 and UDC 11-3F-4(B)(3).
2. To allow Block 9 north of the Farr Lateral to exceed 750 feet based on the constraints
presented by the Farr Lateral,per UDC 11-6C-3F.
3. To allow the Phase 8 cul-de-sac to exceed 500 feet based on the constraints of the
Southern Rim hillside,per UDC 11-6C-3B.