The URL can be used to link to this page

Home My WebLink AboutCC - Staff ReportSTAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT HEARING 5/7/2019 DATE: TO: Mayor & City Council FROM: Stephanie Leonard, Associate Planner 208-884-5533 SUBJECT: H-2019-0041 East Ridge No. 1 (Grimmett Lateral Irrigation Easement) LOCATION: North side of E. Lake Hazel Road, west of S. Eagle Rd., in the SW '/4 of the SE '/4 of Section 32, Township 3N, Range IE. •1 eln") .Yy 7 19111130 E IDIAI�T� The applicant has requested City Council review to allow the forty -foot (40') irrigation easement along the rear boundary of Lots 5-10 and a portion of Lot 11, Block 1 to remain as an easement on the buildable lots rather than be contained in a common lot, in accordance with UDC 11 -3A -6D. IL APPLICANT INFORMATION A. Applicant/Owner: C15 LLC. 4824 W. Fairview Ave. Boise, ID 83706 B. Representative: Laren Bailey, Devco Development 4824 W. Fairview Ave. Boise, ID 83706 Page 1 III. NOTICING City Council PostinLy Date Newspaper Notification 4/19/2019 Radius notification mailed to properties within 300 feet 4/16/2019 Radius notification published on 4/26/2019 Nextdoor posting 4/16/2019 IV. STAFF ANALYSIS The applicant has applied for a modification, as allowed at a public hearing with notice to surrounding property owners, to UDC 11 -3A -6D, which requires irrigation easements wider than 10 -feet to be included in a common lot that is a minimum of 20 -feet wide and outside of a fenced area. Due to the topography of the area several of the lots within this development have a slope easement; the lots in question have both the slope easement as well as the Grimmett Lateral irrigation easement. Staff has received public testimony in regard to maintenance and erosion resulting from the slope easement existing within buildable lots in this development. These concerns have been echoed throughout the area and are fairly typical in this part of Meridian due to the topography of the area; similar slope easements exist in Sky Mesa and Southern Highlands, north of the subject property. Staff does recognize these concerns, however City Code does not have an adequate drainage and grading ordinance to address these issues. Although these concerns are warranted, they are not applicable to the subject application. The Grimmett Lateral easement runs along the eastern boundary of this site within a 40 -foot wide prescriptive easement (see Exhibit VI.B). A condition was included in the final plat for East Ridge Estates Subdivision No. 1 (H-2018-0062) requiring the applicant to either place the irrigation easement in a common lot or seek Council waiver to include it as part of the adjacent buildable lots. The item was discussed at the July 17, 2018 Council hearing, where it was determined the applicant would indeed seek Council waiver through the public hearing process with notice to surrounding property owners, in accord with UDC 11 -3A -6D. The final plat was approved with the condition that the applicant receive Council waiver prior to receiving the City Engineer's signature on the final plat. A staff report was submitted by the Boise Project Board of Control at the time of the preliminary plat and annexation application that indicated their preference to leave the irrigation easement unencumbered (see Exhibit VI.D). In gathering information and analyzing the subject application, Staff contacted the Boise Project Board of Control and was informed that the irrigation district does not want any portion of the 40 foot irrigation easement to be located within building lots. Additionally, the irrigation district does not support groundcover outside of grass or gravel within the easement. Page 2 The applicant's request for Council waiver is shown below: • If the easement was to be placed in a common lot and fenced on three sides it will create an unsafe dead end that will not be visible from the roadway due to the slope of the land and the narrowness of the common lot. This could create an unsafe environment for children and pets. • The Grimmett Lateral which has be piped per requirements of the Bureau of Reclamation and the Boise Project Board of Controls is 40' wide and runs along the rear lot line of lots 5-11, Block 1 of the plat. These lots are very large, and the easement lies almost entirely within a slope area at the back of the lots. The easement will not adversely affect the home owners or their enjoyment of their lots. • The easement will be easier for the homeowners to maintain and utilize as yard area, due to the slope of the site it would be difficult to maintain from a north to south direction with a fence on three sides. Due to the slope in the rear of the lots it will be easier to maintain the easement area from the top of the slope, or back yards of the homes. Staff is in agreement with the applicant's first statement and believes the concern can be mitigated by creating visibility into the 40 -foot common lot. Staff recommends open vision fencing up to six feet in height be required along the rear of Lots 5-11, Block 1 in accord with the standards in UDC 11 -3A -7A - 7b(1). Additionally, the easement is located adjacent to an existing single-family residence in Ada County with open -vision fencing installed along the perimeter of the property, which will add visibility to the area. Future redevelopment of the parcel to the east could also incorporate open space along the subject easement and might provide an opportunity to locate an amenity within the space and could potentially provide future connectivity (see Exhibit VTE). In regard to the applicant's next two points, the 40 -foot easement would not be permitted to be improved per the Boise Project Board of Control's recommendation; this request would be easier to enforce if maintained by the subdivision's HOA. The irrigation easement does lie within an overlying slope easement on several of the lots, but is not within the slope easement on three (3) of the southern lots. Placing the irrigation easement within the buildable lots would prevent homeowners from utilizing the space as the irrigation district requires the easement be easily accessible and unimproved. Given the above information and considering input from the Boise Project Board of Control, Staff finds the best location for the easement is within a common lot in accord with UDC 11 -3A -6D. Location of the easement within a common lot will provide an easily accessible easement for the irrigation district and will ensure that future residents will not be responsible for maintaining an unusable 40 -foot easement at the rear of their property. Locating the easement within a common lot may also prevent potential code enforcement issues and/or irrigation district requirements incurred to homeowners. Staff recommends that the applicant locate the irrigation easement within a common lot and obtain approval of a final plat modification prior to City Engineer's signature on the final plat. A revised landscape plan shall be submitted with the final plat modification and shall be landscaped in accord with the Boise Project Board of Control's landscaping requirements. V. DECISION A. Staff: Staff recommends the 40 -foot Grimmett Lateral irrigation easement be placed within a common lot to be owned and maintained by the East Ridge Estates homeowner's association. Page 3 VI. EXHIBITS A. Vicinity Map E LA W TQjV z o o .3a iE '-ZE mURC41SON STS I" 3C. u I -14444—, -------------- r Page 4 U LL 7, 0 TTFT < -(E MURCHMON ST jp E MARDIA ST 41 JiL+Lj—f L E LEVIN DR Ilk � ZA I F-- zO E GISBORNE ST .0 a. ----------------- B. Aerial View Page 5 C. Preliminary Plat (date: 3/1/2019) PLATSHOWING aoalcJ rnc�, IMPRESSIVE EA ST RIDGE SUBDIVISION No, I q y, LOCATED 11V THE SWI14 OF THE SFi/4 OF SECT701V 32, T T 3 N., k I E., &M., CITY OF MERIDIAN, ALAS COUNTY, IDAHO 2019 k mFis�w.M�,wnax.roenenmro�e,r[�m[mrrw��u �o '- _ ° SII +3 A I r ; 111 . -_ ' _ _ rrn mnm�m�m wmwamolvsrt _ d ' =-�� f@5N1' ,dr �!. rtis a[xwams brcurri pA'.4lJm rro�nvu�[ w " .ctr r fMnur �. 1' 9 01t.� f` li 16LLtltNVi.MD/Z ImF tOF1AK Atl-]--mu' w BI w=>• 'nar+: nc. l 1 f f g, �� u ax 0. m aE+oaRu,enm[x ------ *55— L . uF�kMNY61bEY6Yl YM,Iw'FAalrol a -r , � I � uwaxr ,� -- uarmsrrwe IF' rvr[xg � � �- �... —_7 ACry smrcluwrc,xsFwYrv,s( ewnel � r{ - n'I3 h flf �� 0 Itl4Tblwr.SGvrMleaan � -� l ` ➢ I f �9 [awm wrobMraar �y : +m.rro sw'�W*:w lawi�ons teemI Irs� 'iF pdC ; r6 aaremr.emeur.ry rsrc.uoe[.wu�w•srnwr+ma�va m•woamrwsr ra. 5G �SA'AEdk4kP 1 1 t • ,At amq¢•v I' 1 I a uelvn�[nrtmrr fl"_____r_S9'�" � I ywma•r nr.rr� I � •"�4lEki20F3F]RtlutYf ramEr= \q7' 61§ Ip y � S.II 1fAi05 WAS} WUM AAF Wi x�semrcva'� `" I I ir - I EM'*W, ID 83617 9209)398-9109 FAX C2V8)M-8105 - B r �.�,r• -- ��,a � .;::F� � � ,.tee« � "rte• am,rwv3e ��Y4 f, tiY a 9/ffif9 66 (:,n — lgapN Page 6 C4 nr J4 i 1 5A4 59 rF 19&28� ,.. 12 !S y'.- -- --- 4s,. ' mg4, N1 1 IN I I I I I L '"'BT, L_ �--gyp ryy J L_ . �,} �T. �I. — L_. _ _ 10.37 `. �. rte'+ TO.", 1� ------- ---1 I Ty I oI F 1 -382'#7J�a 3�F=!d_j J u� J2 i "al F --------------I I! 1 1 - ------------ 91V --------- 9N BCVADARY V 1 L�iS9°S3I� i5L2CJ � J 8 V + 1 I r 4 GTfTE w+� 7oe flb + ag 392a`6 rar,a+. WENTS L Sm°i9 6'_& $iS.i z 32"E 73.62' 7411 'EASEMENT (SEE NOTE)OO �i VfTYIRRIGA770JVEASEWNT[SEEVOTE.'Cil] �� 6 jh tyb R! 2 3 IK i 422,63, FMENT (.SEE NO7F j 1 2 L@9�4P2�.f_t721 RM OWN E:4SEME ffS (SEENOTES) r----------- L--9aI", I k5S CAP IMOINLWENT .5 i I 9 1 , I g � gI 5 $9°59'28' X9°59'78" W IMINUM CAF MOMMENT L S1i4,r*" C.�� ' " 589°992 -E dd2�5 j F7 3" RESAR/CAp MARKEDP!S I I i2�P o � � ---' `----- i a r--------- " --------------- i ; sq50• 1, EVAR/CAP 4i'. 1 9� 1 ED POINT Ii _____________ i, LSb9"s9'a$•�_i�_r-ta'� � I J�� th F ------------- &EGIWI NG 3 ER 1 Ir r l39 Sfi' i i 7 ! at di I rv.alr - � sag^sage• � � 9�.ds� .�n,aa ------------ + + M 95 r IIXOCK T I w ' E. LAKE HAZEL ACAD Page 7 F1119fm $ c' ao° E tom• L5- 5-32" 32"E 73.62' 7411 tyb 2 3 IK i 422,63, 3 L--9aI", I 9a.00'- 5 $9°59'28' X9°59'78" W 1379.5!' SEE NOtETB sa auk sa9vysv*w - w ' E. LAKE HAZEL ACAD Page 7 F1119fm $ D. Staff Report from Boise Project Control (dated: October 6, 2017) NIQM VWAMN OF T17E UTA,O Boise ftoj cr BOARD OF CONTROL RICHARD DURRANT vrcE c'•W%h1N cls TnE BVARD 4F0RmcrgLY Mt!;C. U. S. fef: TION PPP-C(=P) TWOUTITY M. PAGE 7465 t?VE"r D F3AD PFAECTM WAGER 9CIEE, IM*LD RIM -9146 TtOMAT D. CARTER ANvsYArrT PkW iCT k®UlkC*i October 2017 AFRYLGARDWER aSDRETAF1Y4RF&-a MFM JMRI FLDYD A%N-;T.4MT :rCIH'TALIY- ---eRCity of Meridian City Clerk's Office 33 E- Broadway Avenue Meridian, Idaho 81642 REE Uevcu, L.L.C, — East Ridge Estates Sub. F` ie No. H-2017-0129 n/o E. Lake Hazel, w/o S. Eagle Rds. No Irrigation District Water Rights Gritntnett Lateral approx.Sta, No. 26+70 See, 32, `m, FOIE, BM. C. Jay Coles, City C.1crk; UPERSTM AGENCY FOR 107JXhD ACM FOR THE FOLLOWW Ifk4,,A7"4 olSTRMS WAWFIANEF 01AN DISTRr-T WME.I(LIIA ®ISTRICT VA -CER 619TRICT NEW YORK. OISTRIC'T TUG REVID OISTMr TEL 9*89 3444141 FAVh C2M W -1W The United States' Grimmett Lateral lies within the above-mentioned location- Tlw easement fnr this lateral is held in the. name of the UnitM States through the Plureau of Reclamation under the authority of the Act of August 3p, 1890. (26 Stas. 391; 43 U'S,C, 945) The Boise Pro.iea Board of Control is crrntracted to operate and maintain this lateral. We assert this federal easement 20 feet westerly and 20 feet easterly of the lateral's centerline. Whereas this area is for the op=tion and rnaint=anec of our facility, no activity should binder Baur ability to do so. Thie Boise Project does not approve landscaping (orhLn than within its casements, as this will certainly increase our cost of maintenanc , The e rnm( nils to remain a Plat driveable. surface. The construelion of any roadway crossings mast be conducPtcd only during the nun - irrigation season when the lateral is dcwatcred- In any arse no work shall take place. within the casement hctbm the proper crossing agreciTients have heesi secured through the BLueau of Reclamation and the. Boise Project Board of Control, Utilities planning to cross any project facility hi order to sexvice this developnwnt must do so in accordance with the master policies now held between the bureau of Reclamation and most of the utilities. Ire any case no work shall take place within the easement before proper crossing agreements have been secured through both the Bureau of Reclamation and the Hoise .Project Lard of Control. Crossing a;greemonts most be somrcd and signed by all parties priur sea Maruh la of cad -1 year. A time 6uhedulr for the uunsiruc:tion to be done duriav, the non4 ri tion sca-%Dn must be approved by Boise ProJeat prior to any -activi(y withfift Projcet easurnents. No Page 8 constriaction will be allowed within the easement boundaries of the Boise Project Ruard of Control facilities after March 1516 of each year. I Towever, on z care by c-= basis, overhead utilities and utilities inuring underneath a Project facility may be allowed after March 15'h if reviewed and approved by the Boise ?roieet. Project facilities ancVor casements that parallel, and are within mWor intended to be within road right-of-ways due to any development of this property must be relocated outside of road right-of-ways. The easements of Boisc Project facilities will remain the same unless agreed upon and/or approved with written permission from 134iise Project Board of Control. Any proposed piping of the Grimmett Lateral (to include all appurtenant boxes andtor structures) trust be warraracd by the land owner for a ped A of (5) five -years. The Warrantea, Agreement must be scourcd prior to ANY disturbance of that facility. In order to rulomite the Grimmett lateral, as prnpasod, a rclocatiorl agretmea must be secured Lhiu ugh the Bureau of Reclamation with Boise P'roject's approval prior to any wrrk within Pruj cc[ easements. It is Boise Project's understanding that this process may take from 6 months up to a year to obtain. A time schedule for the construction to be d mio during the non -irrigation season must be approved by Ro4e Project prior to any activity' within Project casements, No construction will be al[owcd within the easement boundaries ofthe Boise Project Board OfControl facilities after March 151b of each year. Storen Drainage and1gr Strcct Runoff must be retained on site. Local irrigatiotOrainage ditches that cross this property, in order to serve neighboring properties, must remain unobstructed and protected by an appropriate easement. Wording on the preliminary and Nal recorded plat nci>ds to state that any proposed andfor future usage of the Boise Project Board of Control facilities arc subj oat to Idaho Statutes,. Titic 42-1209. This development is subject to Idaho Code 31-3805, in aomrdancc. this office is requesting coy copies of the irrigation and drainage plans. Whereas this development is in its preliminary stages, Boise Project Board of Control reserves the right 0 review plans and jvqtLir1C changes when our easements anftr facilities are affected by urikaiown factors. It you have any fuffier questions or -comments regarding this matter, please do rpgt hesitate to contact me at (209) 344--1141. Sincerely, Bob Carter Assistant Project ManfteT- BPBC bdclhc Clint McCormick Watermaster, Div; 2 BPBC File Page 9 E. Site Photos Graded area toward south of site (approximately Lots 5-7, Block 1) I Page 10 .-, 71 ,R l - k _ t ra �6 Pic { IL - ,Y Page 10 Page 1 1 r � :meg -4f . tv Page 12