East Ridge Subdivision No.1 H-2019-0041
ORDER OF CONDITIONAL APPROVAL OF COUNCIL REVIEW FOR EAST RIDGE NO. 1 – MI H-
2019-0041
Page 1 of 2
BEFORE THE MERIDIAN CITY COUNCIL
HEARING DATE: MAY 7, 2019
IN THE MATTER OF THE
REQUEST FOR COUNCIL
MODIFICATION OF UDC 11-3A-6D
WHICH REQUIRES IRRIGATION
EASEMENTS WIDER THAN 10
FEET TO BE INCLUDED IN A
COMMON LOT, FOR EAST RIDGE
SUBDIVISION NO. 1.
BY: C15 LLC.
APPLICANT
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CASE NO. H-2019-0041
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council on May 7, 2019 for modifications 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. The Applicant requests approval
for the 40-foot wide Grimmett Lateral 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.
IT IS HEREBY ORDERED THAT:
The above named Applicant is granted a modification to UDC 11-3A-6D to locate the 40-
foot wide Grimmett Lateral irrigation easement within Lots 5-10 and a portion of Lot 11,
Block 1.
Attached: Staff Report for the hearing date of May 7, 2019
Meridian City Council Meeting Agenda May 21, 2019 – Page 133 of 576
By action of the City Council at its regular meeting held on the day of
H a(A 2019.
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Attest:
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Tammy de erd
Mayor, City of Meridian
Copy served upon the Applicant, Planning and Development Services Divisions of the Community
Development Department and City Attorney.
By:
Dated:_ 5 "G Q_0 6
ORDER OF CONDITIONAL APPROVAL OF COUNCIL REVIEW FOR EAST RIDGE NO. 1 — MI H-
2019-0041
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EXHIBIT A
Page 1
HEARING
DATE:
5/7/2019
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 ¼ of the SE ¼
of Section 32, Township 3N, Range 1E.
I. PROJECT DESCRIPTION
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.
II. 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
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
Meridian City Council Meeting Agenda May 21, 2019 – Page 135 of 576
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III. NOTICING
City Council
Posting 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. T he 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.
Meridian City Council Meeting Agenda May 21, 2019 – Page 136 of 576
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The applicant’s request for Council waiver is shown below:
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 VI.E). 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.
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VI. EXHIBITS
A. Vicinity Map
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B. Aerial View
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C. Preliminary Plat (date: 3/1/2019)
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D. Staff Report from Boise Project Control (dated: October 6, 2017)
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E. Site Photos
Graded area toward south of site
(approximately Lots 5-7, Block 1)
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