Lavender Heights Subdivision (H-2020-0009) (2020-106343) ADA COUNTY RECORDER Phil McGrane 2020-106343
BOISE IDAHO Pgs=55 BONNIE OBERBILLIG 08/19/2020 12:48 PM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. LH Development, LLC, Owner
3. Westpark Company, Inc., Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this 18th day of August_, 2020, by and between City of Meridian, a municipal
corporation of the State of Idaho, hereafter called CITY whose address is 33 E.Broadway Avenue,
Meridian, Idaho 83642 and LH Development,LLC,whose address is PO Box 344, Meridian, ID
83680, hereinafter called OWNER and Westpark Company, Inc.,whose address is PO Box 344,
Meridian,ID 83680, hereinafter called DEVELOPER.
RECITALS:
1.1 WHEREAS, Owner is the sole owner,in law and/or equity,of certain tract of
land in the County of Ada, State of Idaho,described in Exhibit"A",which is
attached hereto and by this reference incorporated herein as if set forth in full,
herein after referred to as the Property; and
1.2 WHEREAS,Idaho Code§ 67-651 IA provides that cities may,by ordinance,
require or permit as a condition of zoning that the Owners and/or Developer
make a written commitment concerning the use or development of the subject
Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section 11-513-3 of the Unified Development Code ("UDC"), which
authorizes development agreements upon the annexation and/or re-zoning of
land; and
1.4 WHEREAS, Owner and/or Developer have submitted an application for
annexation and zoning of 55.14 of land with an R-4 (medium low density
residential), R-8 (medium density residential), R-15 (medium high density
residential)and R-40(high density residential)zoning district on the property
listed in Exhibit"A"(attached),under the Unified Development Code,which
generally describes how the Property will be developed and what
improvements will be made; and
1.5 WHEREAS, Owner and/or Developer made representations at the public
hearing before the Meridian Planning and Zoning Commission and the
Meridian City Council, as to how the Property will be developed and what
improvements will be made; and
DEVELOPMENT AGREEMENT—LAVENDER HEIGHTS SUBDIVISION(H-2020-0009) PAGE 1 OF 8
1.6 WHEREAS, the record of the proceedings for requested annexation and
zoning before the Planning and Zoning Commission and the City Council,
includes responses of government subdivisions providing services within the
City of Meridian planning jurisdiction, and includes further testimony and
comment; and
1.7 WHEREAS, on the 12'h day of May, 2020, the Meridian City Council
approved certain Findings of Fact and Conclusions of Law and Decision and
Order("Findings"), which have been incorporated into this Agreement and
attached as Exhibit`B"; and
1.8 WHEREAS,the Findings require the Owner and/or Developer to enter into a
Development Agreement before the City Council takes final action on final
plat; and
1.9 WHEREAS,Owner and/or Developer deem it to be in its best interest to be
able to enter into this Agreement and acknowledges that this Agreement was
entered into voluntarily and at its urging and request; and
1.10 WHEREAS, City requires the Owner and/or Developer to enter into a
development agreement for the purpose of ensuring that the Property is
developed and the subsequent use of the Property is in accordance with the
terms and conditions of this Agreement,herein being established as a result of
evidence received by the'City in the proceedings for zoning designation from
government subdivisions providing services within the planning jurisdiction
and from affected property owners and to ensure zoning designation are in
accordance with the amended Comprehensive Plan of the City of Meridian on
October 11,2016, Resolution No. 16-1173, and the UDC, Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein,the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual and
binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words,terms,and
phrases herein contained in this section shall be defined and interpreted as herein provided for,unless
the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian,a party to this Agreement,
which is a municipal Corporation and government subdivision of the state of
Idaho, organized and existing by virtue of law of the State of Idaho, whose
address is 33 East Broadway Avenue,Meridian, Idaho 83642.
3.2 OWNER: means and refers to LH Development,LLC,whose address is PO
Box 344, Meridian, ID 83680, the party that owns said Property and shall
DEVELOPMENT AGREEMENT-LAVENDER HEIGHTS SUBDIVISION(H-2020-0009) PAGE 2 OF 8
include any subsequent owner(s) of the Property.
3.3 DEVELOPER: means and refers to Westpark Company, Inc., whose
address is PO Box 344,Meridian,ID 83680,the party that is developing said
Property and shall include any subsequent developer(s) of the Property.
3.4 PROPERTY: means and refers to that certain parcel(s)of Property located
in the County of Ada,City of Meridian as described in Exhibit"A"describing
the parcel to be bound by this Development Agreement and attached hereto
and by this reference incorporated herein as if set forth at length.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right
to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner and/or Developer shall develop the Property in accordance with the
following special conditions:
a. Future development of this site shall be generally consistent with the preliminary plat,
landscape plan and conceptual building elevations for the single-family dwellings
included in Section VH and the provisions contained herein.
b. The 10-foot multi-use pathway shall be constructed with Phase 1 of the development,
except for that area located in the proposed future multi-family development along the
southern edge of the Farr Lateral, shown as Phase 4.
c. The required secondary access via extension of E.Brace Dr.shall be constructed with
Phase 1 of the development.
d. Direct lot access to Lake Hazel Road shall be prohibited.
e. No more than 54 and no less than 36 units shall be allowed on the R-40 zoned
property. Detailed Conditional Use Permit approval is required prior to any
development on the R-40 zoned area.
f. With the sale of all future homes in the Lavender Heights Subdivision, all sales
information shall have language regarding the future multi-family project that will be
a part of this development.
g. Per City Council waiver,the Farr Lateral waterway shall remain open in accord with
the standards in UDC 11-3A-6.
h. The required street frontage improvements(sidewalk and landscaping)along E.Lake
Hazel Road shall be constructed with Phase 1 of the development.
DEVELOPMENT AGREEMENT-LAVENDER HEIGHTS SUBDIVISION(H-2020-0009) PAGE 3 OF 8
6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6)
months after the date of the Findings for the annexation and zoning or it is null and void.
7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
7.1 Acts of Default. Either party's failure to faithfully comply with all of the
terms and conditions included in this Agreement shall constitute default under
this Agreement.
7.2 Notice and Cure Period. In the event of Owner and/or Developer's default
of this Agreement,Owners and/or Developer shall have thirty(30)days from
receipt of written notice from City to initiate commencement of action to
correct the breach and cure the default,which action must be prosecuted with
diligence and completed within one hundred eighty (180) days; provided,
however, that in the case of any such default that cannot with diligence be
cured within such one hundred eighty(180)day period,then the time allowed
to cure such failure may be extended for such period as may be necessary to
complete the curing of the same with diligence and continuity.
7.3 Remedies. In the event of default by Owner and/or Developer that is not
cured after notice as described in Section 7.2,Owners and/or Developer shall
be deemed to have consented to modification of this Agreement and de-
annexation and reversal of the zoning designations described herein, solely
against the offending portion of Property and upon City's compliance with all
applicable laws,ordinances and rules,including any applicable provisions of
Idaho Code §§ 67-6509 and 67-6511. Owners and/or Developer reserve all
rights to contest whether a default has occurred. This Agreement shall be
enforceable in the Fourth Judicial District Court in Ada County by either City
or Owners and/or Developer, or by any successor or successors in title or by
the assigns of the parties hereto. Enforcement may be sought by an
appropriate action at law or in equity to secure the specific performance of the
covenants, agreements,conditions, and obligations contained herein.
7.4 Delay. In the event the performance of any covenant to be performed
hereunder by either Owners and/or Developer or City is delayed for causes that
are beyond the reasonable control of the parry responsible for such
performance, which shall include, without limitation, acts of civil
disobedience,strikes or similar causes,the time for such performance shall be
extended by the amount of time of such delay.
7.5 Waiver. A waiver by City of any default by Owners and/or Developer of any
one or more of the covenants or conditions hereof shall apply solely to the
default and defaults waived and shall neither bar any other rights or remedies
of City nor apply to any subsequent default of any such or other covenants and
conditions.
DEVELOPMENT AGREEMENT-LAVENDER HEIGHTS SUBDIVISION(H-2020-0009) PAGE 4 OF 8
Item#10.
8. INSPECTION: Owners and/or Developer shall, immediately upon completion of
any portion or the entirety of said development of the Property as required by this Agreement or by
City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and
written approval of such completed improvements or portion thereof in accordance with the terms and
conditions of this Agreement and all other ordinances of the City that apply to said Property.
9. REQUIREMENT FOR RECORDATION: City shall record this Agreement,
including all of the Exhibits,and submit proof of such recording to Owners and/or Developer,prior to
the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property
by the City Council. If for any reason after such recordation, the City Council fails to adopt the
ordinance in connection with the annexation and zoning of the Property contemplated hereby,the City
shall execute and record an appropriate instrument of release of this Agreement.
10. ZONING: City shall,following recordation of the duly approved Agreement,enact a
valid and binding ordinance zoning the Property as specified herein.
11. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit,cash deposits,certified check or negotiable bonds,as allowed under the
UDC,to insure the installation of required improvements,which the Owner and/or Developer agree to
provide,if required by the City.
12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued
in any phase in which the improvements have not been installed,completed,and accepted by the City,
or sufficient surety of performance is provided by Owner and/or Developer to the City in accordance
with Paragraph 11 above.
13. ABIDE BY ALL CITY ORDINANCES: That Owner and/or Developer agree to
abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement.
14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall
be deemed delivered if and when personally delivered or three (3) days after deposit in the United
States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as
follows:
CITY: with copy to:
City Clerk City Attorney
City of Meridian City of Meridian
33 E. Broadway Ave. 33 E. Broadway Avenue
Meridian, Idaho 83642 Meridian, Idaho 83642
OWNER: DEVELOPER:
LH Development,LLC Westpark Company,Inc.
PO Box 344 PO Box 344
Meridian, ID 83680 Meridian, ID 83680
DEVELOPMENT AGREEMENT—LAVENDER HEIGHTS SUBDIVISION(H-2020-0009) PAGE 5 OF 8
Page 128
Item#10.
14.1 A parry shall have the right to change its address by delivering to the other
party a written notification thereof in accordance with the requirements of this section.
15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto
concerning this Agreement,the prevailing party shall be entitled,in addition to any other relief as may
be granted, to court costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall
survive any default, termination or forfeiture of this Agreement.
16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time
is strictly of the essence with respect to each and every term,condition and provision hereof,and that
the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the other party so failing to perform.
17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure
to the benefit of the parties' respective heirs, successors, assigns and personal representatives,
including City's corporate authorities and their successors in office. This Agreement shall be binding
on the Owner and/or Developer,each subsequent owner and any other person acquiring an interest in
the Property. Nothing herein shall in any way prevent sale or alienation of the Property,or portions
thereof,except that any sale or alienation shall be subject to the provisions hereof and any successor
owner or owners shall be both benefited and bound by the conditions and restrictions herein
expressed. City agrees,upon written request of Owner and/or Developer,to execute appropriate and
recordable evidence of termination of this Agreement if City,in its sole and reasonable discretion,had
determined that Owner and/or Developer have fully performed their obligations under this
Agreement.
18. INVALID PROVISION: If any provision of this Agreement is held not valid by a
court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement
and the invalidity thereof shall not affect any of the other provisions contained herein.
19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided,each party
shall act reasonably in giving any consent,approval,or taking any other action under this Agreement.
20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action
or other proceeding instituted by any third parry (including a governmental entity or official)
challenging the validity of any provision in this Agreement, the parties agree to cooperate in
defending such action or proceeding.
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements,condition and understandings between Owner and/or Developer and City relative to the
subject matter hereof,and there are no promises,agreements,conditions or understanding,either oral
or written, express or implied,between Owner and/or Developer and City, other than as are stated
herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or
addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and
signed by them or their successors in interest or their assigns,and pursuant,with respect to City,to a
duly adopted ordinance or resolution of City.
DEVELOPMENT AGREEMENT—LAVENDER HEIGHTS SUBDIVISION(H-2020-0009) PAGE 6 OF 8
21.1 No condition governing the uses and/or conditions governing re-zoning of the subject
Property herein provided for can be modified or amended without the approval of the
City Council after the City has conducted public hearing(s) in accordance with the
notice provisions provided for a zoning designation and/or amendment in force at the
time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT:This Agreement shall be effective on the
date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in
connection with the annexation and zoning of the Property and execution of the Mayor and City
Clerk.
[end of text; signatures, acknowledgements, and Exhibits A and B follow]
OWNER: DEVELOPER:
4By: p
Dea t,LLC Westpark ny,Inc.
quires : La Squires
Its: ger Its: Secr tary
CITY OF MERIDIAN ATTEST:
By:
Mayor Robert E. Simison Chris Johnson, City Clerk
ACKNOWLEDGMENTS
IN WITNESS WHEREOF,the parties have herein executed this agreement and made
it effective as hereinabove provided.
DEVELOPMENT AGREEMENT-LAVENDER HEIGHTS SUBDIVISION(H-2020-0009) PAGE 7 OF 8
STATE OF IDAHO )
SS:
County of Ada )
On this of day of, 2020,before me,the undersigned,a Notary Public in and for said State,personally
appeared Larry Squires known or identified to me to be the Manager of LH Development,LLC,and the person who
signed above and acknowledged to me that he executed the same on behalf of said limited liability company.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
(SEAL) �`��•.••.... �• i —��
TA#A.... Notary Public for Idaho
,per, �" o Residing at:
` 1300 =. My Commission Expires: 3 202 3
�. %t 000
STATE OF IDAHO qTF OF`0P�I►�.`
County of Ada ) 111111t%%
On this 11"Lday of ,2020,before me,the undersigned,a Notary Public in and for said State,personally
appeared Larry Sq " s,kno or identified to me to be the Secretary of Westpark Company,Inc.,and the person who
signed above and acknowledged to me that he executed the same on behalf of said corporation.
IN WITNESS WHERE PIM008%unto set my hand and affixed my official seal the day and year in this
certificate first above written:�gl` S%E A .T �
�� �•,.•a00000.�'q i
(SEAL) �� O. •.•
wo q
loft+.� i
Notary Public for Idaho
(P'. 00 lob Residing at: I c,—- i ( 1�
,9%.'�'4 �b�.✓� `w� My Commission Expires: t l 3 a2 v 2j
STATE OF IDAHO ) //�jIOF�jofP!!k
ss
County of Ada )
On this 18th day of August 2020, before me, a Notary Public,personally appeared
Robert E.Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,of the City of
Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and
acknowledged to me that such City executed the same.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
Notary Publi�fQr Id
1}0
Residing at: 1Vlerl�ian, Idaho
Commission expires: 3-28-2022
DEVELOPMENT AGREEMENT—LAVENDER HEIGHTS SUBDIVISION(H-2020-0009) PAGE 8 OF 8
Item#10.
EXHIBIT A
Legal Description
City of Meridian Annexation
Lavender Heights Subdivision
A parcel of land located in the SW%of Section 32, Township 3 North, Range 1 East, Boise
Meridian,Ada County, Idaho,more particularly described as follows:
Commencing at an Aluminum cap monument marking the southwest corner of said Section 32,
from which an Aluminum cap monument marking the northwest corner of the SW% of said
section bears N 0°32'17"W a distance of 2700.11 feet;
Thence S 89°57'01"E along the southerly boundary of said SW'/,a distance of 1331.91 feet to
a 518 inch iron pin monument marking the southwest corner of the SE%4 of said SW%and the
POINT OF BEGINNING;
Thence N 0°09'52"W along the westerly boundary of said SE '/a of the SW%a distance of
431.20 feet to the southeasterly corner of that parcel shown as the"John Freeman"parcel on
Record of Surrey No.7783,records of Ada County,Idaho;
Thence along the southerly,westerly and northerly boundary of said parcel the following courses
and distances:
Thence N 69n55'45"W a distance of 503.30 feet to a point;
Thence N 58°00'31"W a distance of 219,85 feet to a point of curvature;
Thence a distance of 114.95 feet along the arc of a 140.00 foot radius curve right,said
curve having a central angle of 47°02'41"and a long chord bearing N 34°29'08"W a
distance of 111.75 feet to a point of tangency;
Thence N 10*57'45"W a distance of 410.17 feet to a point of curvature;
Thence a distance of 155.37 feet along the arc of a 110.00 foot radius curve right,said
curve having a central angle of 80°55'32" and a long chord bearing N 29°30'30" E a
distance of 142.77 feet to a point of tangency;
Thence N 69°57'44"E a distance of 128.97 feet to a point;
Thence N 83'47'06"E a distance of 26.72 feet to a point;
Thence S 86°47'31"E a distance of 362.95 feet to a point of curvature;
Thence a distance of 122.47 feet along the arc of a 220.00 foot radius curve left,said
curve having a central angle of 31°53'39" and a long chord bearing N 77°15'42" E a
distance of 120.89 feet to a point of tangency;
Thence N 61°18'54"E a distance of 91.61 feet to a point of curvature;
L;in( Sbjutions Lavender Heights Annexation
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Job No.17-55'tuw SurnNna Ana Cnnramny Page 1 of
Lavender Heights Subdivision—H-2020-0009
Item#10.
EXHIBIT A
Thence a distance of 22.57 feet along the arc of a 144.67 foot radius curve left, said
curve having a central angie of 8°56'24" and a long chord bearing N 56°50'40" E a
distance of 22.55 feet to a point on the east boundary of the NW%of the SW'/4 of said
Section 32,also being the westerly boundary of Blackrock Subdivision No. 1,as filed for
record in Book 96 of Plats at Pages 12003 through 12008,records of Ada County,Idaho;
Thence along said boundary S 0°08'26" E a distance of 101.67 feet to the northwest
corner of the SE Y. of the SW '/4 of said Section 32, said point also being the
northwesterly corner of the "Clayton Properties LLC" parcel shown on said Record of
Survey No.7783,and the southwesterly corner of said Blackrock Subdivision No. 1;
Thence leaving said"John Freeman"parcel boundary,and along the northerly boundary of said
SE%of the SW%,being partially along the northerly boundary of said"Clayton Properties LLC"
parcel, also being the southerly boundary of said Blackrock Subdivision No. 1 S 89'49'51"E a
distance of 1340.54 feet to the northeasterly corner of said SE'/4 of the SW'/a;
Thence along the easterly boundary of said SE '/4 of the SW%S 0°12'02" W a distance of
1344.18 feet to the southeasterly corner of the SW%of said Section 32;
Thence along the southerly boundary of said SW%N 89°58'24"W a distance of 1331.96 feet
to the POINT OF BEGINNING.
This parcel contains 55.14 acres, more or less, and is subject to any easements existing or in
use.
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Lavender Heights Subdivision—H-2020-0009
EXHIBIT A
CITY OF MERIDIAN ANNEXATION
31 32 LAVENDER HEIGHTS SUBDIVISION
LOCATED IN THE SVV 1/4 OF SECTION 32,
1/4 13N.,R.1 E.,BM.,ADA COUNTY,1DAHO
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C2 155,37' 110.00' BO*55'32" N29'30'30"E 142.77' L a i'*�Jd6 l utf o n s
G3 122.47' 220.00' 31'53'39" N7715'42"E 120,89' and Surveying and Consulting
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www.landsolutions.biz JOB No.17 55
Lavender Heights Subdivision—H-2020-0009
EXHIBIT B
CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW �IWEIIt
N AND DECISION & ORDER
In the Matter of the Request for Annexation and Preliminary Plat,by Westpark Co.Inc.
Case No(s). H-2020-0009
For the City Council Hearing Date of: April 28,2020 (Findings on May 12,2020)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of 4/28/2020, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of 4/28/2020, incorporated by
reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of 4/28/2020,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of4/29/2020, incorporated by reference)
B. Conclusions of Law
I. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use
Planning Act of 1975,"codified at Chapter 65,Title 67, Idaho Code (1.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title I 1 Meridian City Code,and all current zoning maps thereof. The City of Meridian has,by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19,2011,Resolution No. I 1-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the coinment(s)received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval 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
Cominunity Development Department,the Public Works Department and any affected party
requesting notice.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of 4/28/2020, incorporated by reference. The conditions are concluded to be
FININGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(LAVENDER HEIGHTS SUBDIVISION-FILE#H-2020-000e
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that:
1. The applicant's request for Annexation and Preliminary Plat is hereby approved per the
conditions of approval in the Staff Report for the hearing date of 4/28/2020,attached as Exhibit
A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat,combined preliminary and final plat,or
short plat shall become null and void if the applicant fails to obtain the city engineer's signature
on the final plat within two(2)years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat(UDC 11-6B-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two(2)years,may be considered for
final approval without resubmission for preliminary plat approval(UDC 11-6B-7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up
to two(2)years as determined and approved by the City Council may be granted. With all
extensions,the Director or City Council may require the preliminary plat,combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension,the property shall be required to go through the platting procedure again(UDC 11-
6B-7C).
Notice of Conditional Use Permit Duration
Please take notice that the conditional use permit,when granted, shall be valid for a maximum
period of two(2)years unless otherwise approved by the City. During this time,the applicant
shall commence the use as permitted in accord with the conditions of approval, satisfy the
requirements set forth in the conditions of approval, and acquire building permits and
commence construction of permanent footings or structures on or in the ground. For
conditional use permits that also require platting,the final plat must be signed by the City
Engineer within this two(2)year period.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-513-6.G.1,the Director may authorize a single extension of the time to commence the
use not to exceed one(1)two(2)year period.Additional time extensions up to two(2)years as
determined and approved by the City Council may be granted. With all extensions,the Director
or City Council may require the conditional use comply with the current provisions of Meridian
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(LAVENDER HEIGHTS SUBDIVISION-FILE#H-2020-0009)
-2-
City Code Title I I(UDC 11-513-617).
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-651 IA. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved,said development agreement shall be signed by the
property owner(s)and returned to the city within six(6)months of the city council granting the
modification.
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six(6)month approval
period.
E. Notice of Final Action and Right to Regulatory Takings Analysis
l. The Applicant is hereby notified that pursuant to Idaho Code 67-8003,denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing,and must be filed with the City Clerk not more than twenty-eight(28)days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521,any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight(28)days after the date of this decision and order
seek a judicial review as provided by Chapter 52,Title 67, Idaho Code.
F. Attached. Staff Report for the hearing date of 4/28/2020.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(LAVENDER HEIGHTS SUBDIVISION—FILE#H-2020-0009)
-3-
Meridian City Council Meeting Agenda May 12,2020— Page 178 of 284
By action of the City Council at its regular meeting held on the 12th day of May ,
2020.
COUNCIL PRESIDENT TREG BERNT VOTED AYE
COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED
COUNCIL MEMBER JESSICA PERREAULT VOTED AYE
COUNCIL MEMBER LUKE CAVENER VOTED------
COUNCIL MEMBER JOE BORTON VOTED AYE
COUNCIL MEMBER LIZ STRADER VOTED AYE
MAYOR ROBERT SIMISON VOTED ------
(TIE BREAKER)
Mayor Robert E. Simison
Attest:
Chris Johnson
City Clerk
Copy served upon Applicant,Community Development Department, Public Works Department and City
Attorney.
By: Dated: 5-12-2020
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(LAVENDER HEIGHTS SUBDIVISION—FILE#H-2020-0009)
-4-
Meridian City Council Meeting Agenda May 12,2020— Page 179 of 284
EXHIBIT A
STAFF REPORT EfkIDIAN�-
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 4/28/2020 Legend
FCC
DATE: r
['reject LocationTO: Mayor&City Council
FROM: Joe Dodson,Associate Planner -
2109-884-5533
Bruce Freckleton, Development r-
I
Services Manager '//j ,
208-887-7711 ----- � -- -•---
_
SUBJECT: H-2020-0009
Lavender Heights Subdivision ; ,�,-•''b__.�..�
y r.• I
LOCATION: On the north side of Lake Hazel,near the
half-mile mark between S. Locust Grove
Road and S. Eagle Road. Located in the ;
SW '/4 of Section 32,Township 3N.,
Range 1 E.
I. PROJECT DESCRIPTION
Request for annexation &zoning of 55.14 acres of land with R-4, R-8, R-15, and R-40
zoning districts and a preliminary plat consisting of 188 building lots, 24 common lots, and 3
other lots,by Westpark Company Inc.
NOTE:Staff received a revised preliminary plat, landscape plan, and open space exhibit
based on the recommendations by Planning and Zoning Commission. These revisions
have resulted in some strike-through underline changes in the staff report.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 55.14 total acres(R-4— 16.6-33_7 acres;R-8—�-2 Z 7..
acres;R-15-3,25 acres;R-40-7.44 acres)
Future Land Use Designation Medium Density Residential and Medium-High Density
Residential
Existing Land Use(s) Residential,Agricultural,and Commercial.
Proposed Land Use(s) Residential
Lots(#and type:bldg.lcotnmon) 215 total lots-187 single-family residential; 1 multi-
family;and 27 common lots_
Phasing Plan [#of phases] Proposed as four(4)phases.
Number of Residential Units(type 187 single-family units;48 multi-family units.
of units)
Pagel
Meridian City Council Meeting Agenda May 12,2020— Page 180 of 284
Item#10.
Description Details Page
Density(gross& net) Grass-5.86 dulac.,Net-3.56 dulac.
Open Space(acres,total z2 5,585 e sue. F 7 a ,.rti ,...�.v;,..ate!y 1.1 66%
[%]Ibafferlqualified) u qualified o 424,081 square feet,or 9.74 acres
(281.431 square feet,or 6.46 acres,of qualified open
.race; 12.3%
Amenities 3 amenities- 10' multi-use pathway;pool; and additional
qualified open space.
Physical Features(watcrwuys, Farr lateral runs along south and western hotindary.
hazards, flood plain,hillside)
Neighborhood meeting date;#of Oct.28,2019-9 attendees.
attendees:
History(previous approtrals) NIA
B, Community Metrics
Description Details
Ada County Highway District
• Staff report(yes/no) Drail roaff repaint d-Yes
e Requires ACHD Commission No
Action(yes/no)
Access(Arterial/Co I lcctors/State Access is proposed via a new collector roadway(S.
HwylLoeal)(Existing and Proposed) Bloomcrang Ave.) from an existing arterial(E.Lake Hazel
Rd.).An additional access is proposed via extending a
public local street from the cast(E. Brace❑r.)
Traffic Level of Service
Stub Strecrllntcreonncctivity/Cross Applicant is proposing extending an existing stub street(E.
Access Brace Dr.) into their development but has provided no
additional stub streets. See analysis section below for more
information.
Existing Road Network No
Existing Ailerial Sidewalks 1 None
Buffers
Proposed Road Jrnprovements Widening to E.Lake Hazel Road to include eastbound turn
lane onto new collector roadway(S. Bloomerang Ave.)and
a westbound turn lane onto same collector roadway.
Distance to dearest City Park(+ Discovery Park is across E. Lake Hazel Road.
size)
Fire Service
■ Distance to Fire Station 4.1 miles from Fire Station 94
• Fire Response Time 7 minutes under ideal conditions(this does not meet
Meridian Fire response goal time of 5 minutes),
■ Resource Reliability Fire Station#4 reliability is 78%.
• Risk Identification Risk Factor 2-residential with hazards(open waterway)
• Accessibility Proposed project meets all required access,road widths,
and turnarounds.
Police Service
See_ A.Sency Comments(Section VIII.D_).
West Ada School District
• Distance(elem,ms, Izs) Wesi Ada School Dist iEt h 'S.,.,,P ided r Y men,s at
.�,rrrr ;4RP Siena.Elementary-2.8 miles;Victory Middle
School-4.4 miles;Mountain View High School-3.6
miles.
• Capacity of Schools Siena Elementary-800 students
Victory Middle School- 1000 students
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Meridian City Council Meeting Agenda May 12.2020- Page 181 of 284
Item#10.
Description Details Page
Mountain View High School—2400 students
■ #of Students Enrolled Siena Elementary—470 students(170 over capacity)
Victory Middle— 1085 students(85 over capacity)
Mountain View—2237 students(143 under capacity)
Wastewater
• Distance to Sewer Services NIA
• Sewer Shed South Black Cat Trunkshed
■ Estimated Project Sewer See application
ERU's
• WRRF Declining Balance 13,88
• Project Consistent with W W YES
Master Plan/Facility Plan
Water
• Distance to Water Services 0'
• Pressure Zone 5
■ Est. Project Water ERU's See application
• Water Quality Concerns None
■ Project Consistent wl Plan YES
• Impacts/Concerns Each phase must be modeled to ensure fire flow
requirements;second water connection may be required at
first phase. Existing wells must be decommissioned
according to IDWR rules which include employing
methods to ensure grout fills the annular space outside of
the well casing. Record of abandonment must be provided
to the City prior to final plat signature. Applicant to
coordinate with Engineering regarding fire flow
requirements beyond 1500 gpm.
COMPASS(Communities in See Agency Comments(Section VIII.F)
Motion 2040 2.0)
C. Project Area Maps
Future Land Use Map Aerial Map
Legend Low Density Legend
Project Location Residenfial Project Location
ID-ensi,
LL
MU-C �,,� =ntiol h
i Yl�V rr��
Civic ; —
Zoning Map Planned Development Map
Page 3
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Meridian City Council Meeting Agenda May 12,2020— Page 182 of 284
Item#10.
N�
Legend , 0 legend F
��IProject Location R_� LEI
Frcject Location
.I City LimFL
its . .
` R-8'I "Planned ParcelsLq R-15
+ -I
t -
RUT
r r r 1
R-4
`�IC
RUT
RUT RUT ;
III. APPLICANT INFORMATION
A. Applicant:
Westpark Co. Inc—PO Box 344,Meridian, ID 83680
B. Owner:
44 Development LLC—PO Box 344, Meridian, ID 83680
C. Representative:
Jon Breckon, Breckon Land Design—6661 N. Glenwood St., Garden City, ID 83714
IV. NOTICING
{ Planning& Zoning I City Council
J Posting Bate Posting Date
Newspaper Notification 3/13/2020 4/10/2020
Radius notification mailed to
properties within 300 feet 3/12/2020 4/8/2020
Site Posting 3/21/2020 4/14/2020
Nextdoor posting 3/12/2020 4/8/2020
V. STAFF ANALYSIS
A. Future Land Use Map Designation{https:11mvw.merrdiuncitv.wyleorr�plcrrr}
Medium Density Residential--This designation allows for dwelling units at gross
densities of three to eight dwelling units per acre. Density bonuses may be considered
with the provision of additional public amenities such as a park, school, or land dedicated
for public services.
Medium-High Density Residential —This designation allows for a mix of dwelling types
including townhouses, condominiums, and apartments. Residential gross densities should
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Meridian City Council Meeting Agenda May 12,2020— Page 183 of 284
Item#10.
range frorn eight to twelve dwelling units per acre. These areas are relatively compact
within the context of larger neighborhoods and are typically located around or near mixed
use commercial or employment areas to provide convenient access to services and jobs
for residents. Developments need to incorporate high quality architectural design and
materials and thoughtful site design to ensure quality of place and should also incorporate
connectivity with adjacent uses and area pathways, attractive landscaping and a project
identity.
The annexation area is.surrounded by existing City oj'Meridian Zoning with the Citv's
newest park located across the street(Discovery Park). Tire proposed land use o,f single-
ferrnilyresidential and rrrulti-1;7niibt residential are consistent with the dwelling types
noted in the Future Land Use Map (FLUM) designation definitions. Certain densities are
required to be met on this property as there are two distinct FL UM designations on it.
The proposed project meets the densities listed above (see Section VII.D). Therefore,
Staff Inds the density proposed with the p-eliminary plat and proposed zoning districts
are consistent with the Future Land Use Alap designations ofMediurrt and Medium-High
Densitv Residential.
The City may require a development agreement(DA) in conjunction with an annexation
pursuant to Idaho Code section 67-651 IA. In order to ensure the site develops as
proposed with this application, Staff recoirunends a DA as a provision of annexation with
the provisions included in Section VIII.A1. The DA is required to be signed by the
property owner(s)Ideveloper and returned to the City within 6 months of the Council
granting the annexation for approval by City Council and subsequent recordation.
B. Comprehensive Plan Policies https:llvvvt;�,.inet-idiaticitti,.orglcompplarr):
The applicable Comprehensive PIan policies are cited below with Staff analysis in italics.
"Avoid the concentration of any one housing type or lot size in any geographical area,
provide for diverse housing types throughout the City" (2.01.01G). The proposed variety
of'housing types in this project will contribute to the variety of'residential unit types
available to current and future residents.
"With new subdivision plats, require the design and construction of pathways
connections, easy pedestrian and bicycle access to parks, safe routes to schools, and the
incorporation of usable open space with quality amenities"(2.02.01A). This new
subdivision offers a large extension of the City's multi-use pathways and approximately 7
acres of usable open space that interconnects with proposed sidewalks throughout the
development. In addition, the proposed detached sidewalks offer new opportunities far
residents to get to Discover, Park; Discover-v Park lies across E. Lake Hazel Road,
directly south of'this project.
"Establish and maintain levels of service for public facilities and services, including
water, sewer, police, transportation, schools, fire, and parks" (3.02.01G).All public
utilities are available_for this project site dire to the existing subdivision to the east, per
Public- Works comments. Even though this project does reside outside of the Fire
Departnient's 5 minute response time goal, a new fire station is planned nearlav which
would eliminate this obstacle; it is currentlyr unjidnded as of FY 2020. ACHD has both
nearby arterial intersections planned_for widening and improvement within the next 3
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Meridian City Council Meeting Agenda May 12.2020- Page 184 of 284
Item#10.
Years therefore lining up well with the timeline ofdevelopment far Lavender Heights.
West Ada
School District provided Staff comments regardin 1g rearhi-school enrollment and
capacity. Their agency comments can he viewed in Section VIILL and provide the
general sunimar.y that arty new residential development will likely add to the
overcrowding experienced at some local schools.
"Require all new development to create a site design compatible with surrounding uses
through buffering, screening, transitional densities, and other best site design practices"
{3.47.01 A}, The site design of this prgiect proposes transitional densities throughout.
Larger R-4 lots reside around the exterior of'the property to better match the existing
homes to the north. The applicant is then proposing R-8 lots on the eastern propert,
boundary to match the densitv of the subdivision directly to the east. Tire R-S lots
continue an inward tread towards higher density but make up the majority of the site. R-
15 zoning and alley loaded single-family homes abut the Farr-Lateral and are closest to
the ffrtcere nattlti-fansily development. The rrrulti,family development is proposed as R-40
zoning and is closest to the arterial roadwcr v, E. Lake Hazel Rd, Throughout the
development, landscaping and pathways buffer zoning densities as well. Overall, Staff
finds the site design to be a great example of'transitional densities and housing apes.
"Preserve,protect, and provide open space for recreation, conservation, and aesthetics"
(4.05.01 F). The proposed project offers acres of open space and proposes to incorporate
a large extension of a 1 -foot multi-arse pathwav system. The pathwav will run along the
existing Farr Lateral and xvill help protect it in place while adding to its aesthetics.
"Require pedestrian access in all new development to link subdivisions together and
promote neighborhood connectivity" (2.02.01 D). Parkways, sidewalks, and an extension
of'the Citv:s multi-use pathway plan are proposed in this development. The sidewalks will
connect this development with the subdivision to the east and the new pathwav along the
Farr Lateral, with itsnfurther extension witlairr fire subdivision, 14 ill offer future
connectivity to the north and rest as those.sites develop. The sidewalks proposed near E.
Lake Hazel Rd. and.E. Bloomerang Ave.. will also bring better connection to the next
Discovery Park far this development and the existing Impressive East Ridge Subdivision
directly to the east.
Stafffinds this development to be generally consistent and in alignment with
Comprehensive Plan:policies and objectives.
C. Existing Structures/Site Improvements.
There are a number of existing warehouse structures on this property associated with all
existing commercial business. These buildings will be demolished with phase 1 of the
development and the existing driveway to Lake Hazel will be closed off with vertical
curb and gutter pursuant to ACH D requirements. In addition,there is an existing home
further into the property that is proposed to remain and connect to city services with the
rest of the development. The existing home is shown as part of Phase 2 on the
preliminary phasing plan(Exhibit VII.I.) but staff is recommending a condition to include
the existing home with Phase 1 and therefore adjust the phasing plan in accordance.
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Meridian City Council Meeting Agenda May 12.2020- Page 185 of 284
Item#10.
D. Proposed Use Analysis:
The proposed use is single-family residential with a multi-family residential component
that will be later reviewed through a conditional use permit. Single-family detached and
attached dwellings are listed as principally permitted uses in the R-4, R-8, and R-15
zoning districts per UDC Table 1 1-2A-2.
The single-family portion of this project is proposed to be developed in three(3)phases
and proposed as three different zoning districts---R-4, R-8, and R-15. The first phase will
provide the main access point off of E. Lake Hazel Rd. and the secondary access through
the extension of an existing stub street from the east (E. Brace Dr.). Staff is
recommending a condition of approval that the secondary access be constructed with the
first please to ensure compliance; this is commensurate with the condition of approval
from the Meridian Fire Department (see Section VIII.A 1). Staff is also recommending the
proposed multi-use pathway be constructed with the first phase of development. The first
phase is also proposed to provide the pool and changing rooms for the development as
one of the proposed amenities. According to the preliminary plat, all lots appear to meet
the required zoning and use requirements, including the proposed multi-family lot.
The multi-family development is proposed to be zoned R-40 and built in its own phase(a
fourth phase). The applicant has submitted a conceptual site plan for the multi-family
development that abuts E. Lake Hazel Rd. In the R-40 zoning district, multi-family
development requires conditional use permit(CUP) approval by the Planning & Zoning
Commission. The future development of the multi-family use is being conceptually
reviewed in this application and conditioned to obtain a CUP through the required
Development Agreement associated with this application. The multi-family development
is proposed as six (6) eight-plexes for a total of 48 multi-family units. Each unit is shown
as 1,000 square feet and are laid out in one, two, and three bedroom unity. Per the specific
use standards (UDC 11-4-3-27), a minimum of 12,000 square feet of common open space
will be required as part of this multi-family development.
Forty-eight units will require a minimum of three (3)amenities per the specific use
standards. The applicant is conceptually proposing three(3) amenities in line with this
requirementa clubhouse,walking paths, and a tot lot. In addition, 94 parking spaces
will be required with this conceptual plan. The applicant shows 95 standard stalls, and 4
ADA accessible stalls conceptually meeting the minimum requirements outlined in UDC
table 11-3C-6.
Staff dotes that the mt,lti;farnili,requirements have been conceptually reviewed and is not
issuing an approval of the current layout or other proposed improvements, site design,
elevations, or open space and amenities.
E. Specific Use Standards (UDC I1-4-3):
When the Multi-family Development is submitted for Conditional Use Permit, specific
use standards outlined in UDC 1 1-4-3-27 will be administered. There arc no specific use
standards for the single-family portion of the proposed project.
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Meridian City Council Meeting Agenda May 12.2020- Page 186 of 284
Item#10.
F. Dimensional Standards(UDC 11-2);
A11 proposed lots and public streets appear to meet al UDC dimensional standards per
the submitted preliminary plat. This includes property sizes, required street frontages, and
road widths.
In addition, all subdivision developments are also required to comply with Subdivision
Design and Improvement Standards (UDC 11-6C-3). There are three (3)common
driveways proposed; such driveways should be constructed in accord with the standards
listed in UDC I I-6C-3D. An exhibit should be suhmitted with the final plat
application that depicts the setbacks, fencing, building envelope, and orientation of
the lots and structures accessed via the common driveway; if a property abuts a
common driveway but has the required minimum street frontage and is taking
access via the public street, the driveway should be depicted on the opposite side of
the shared property line from the common driveway.
G. Access(UDC 11-3A-3, 11-311-4):
Access is proposed via a new collector roadway (S. Bloomerang Ave.) that travels north
from E. Lake Hazel Rd. near the quarter-mile mark on said road. This collector roadway
will provide access to the property directly east. A secondary access point is proposed via
the extension of an existing stub street froin the east (E. Brace ❑r.) in Impressive East
Ridge Subdivision. The proposed multi-family development shows a driveway to E. Lake
Hazel Rd. as well. This additional driveway to the arterial roadway would not be
approved by the City. In addition, multi-family residences are built to commercial
building code and will be required to be sprinklered. Therefore, Staff finds a secondary
access point into the multi-family development is not needed. S. Bloomerang Ave., a
collector roadway, is the only proposed and approved direct access via E. Lake Hazel
Road. At the time of CUP submittal for the multi-family development, the additional
driveway to E. Lake Hazel Rd. shall be removed from the plans. A note should be
placed on the face of the final plat prohibiting direct lot access to E. Lake Hazel Rd.
According to the ACHD Master Street Map, there is a planned commercial collector
roadway where S. Bloomerang Ave. is proposed. On the MSM however,the collector
runs along the south side of the Farr Lateral and then out to Locust Grove Road. The
intent of this collector roadway is to provide a connection point for properties in this
vicinity so motorists do not have to go out to an arterial and around. Therefore, Staff
believes the applicant should provide a connection from S. Bloomerang Ave. to the west
for the future development of the collector roadway and the property to the west; the
applicant shall obtain approval of the location of this curb cut with ACHD and the City of
Meridian. This roadway does not need to be constructed as a collector roadway, but
rather a local street providing interconnectivity that meets the intent of the MSM
designation. The applicant should work with ACHD on the proper location for this future
connection.
H. Parking(UDC 11-3n:
Off-street parking is required to be provided in accord with the standards listed in UDC
Table 11-3C-6 for single-family detached dwellings based on the number of bedrooms
per unit. Future development should comply with these standards. The multi-family
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Item#10.
development is conceptually shown with 95 spaces, meeting the minimum UDC
standards based on the number of bedrooms and size of the units. No parking plan was
submitted with the application.
I. Pathways (UDC 11-3A-8):
A I0-foot wide multi-use pathway is proposed along the Farr Lateral and western and
northern property boundaries in accord with the Meridian Pathways Master Plan. In
addition, the applicant is extending the multi-use pathway from the Parr Lateral north and
through the development to connect with the proposed 10-foot multi-use pathway located
on the south side of the Farr Lateral that runs along the northernmost property boundary.
Tile applicant is proposing the 10-foot multi-use pathway be located with a 14-foot wide
public pedestrian easement. Much of the pathway is proposed to be located within a 20-
foot wide common lot as well.
The multi-use pathway has other pedestrian connections via 5-foot detached sidewalks
within parkways that run throughout the development_if pat1hvgi7.s loop through common
driveways, Surf'reeoinnaendY signage is provided to notify pedestrians that the Conran
driveways serve a dual purpose (i.e. driv",a_vlpathri av) and are part of the pathway
loop.
J. Sidewalks(UDC 11-3A-1 T7:
Detached sidewalks are proposed along all internal local streets as part of parkways, in
accord with the standards listed in UDC l 1-3A-17.
K. Parkways (UDC Il-3A-17):
Eight-foot wide parkways are proposed adjacent to all local streets and are required to be
constructed in accord with the standards listed in UDC I 1-3A-17.
L. Landscaping(UDC 11-38):
A 25-foot wide street buffer is required adjacent to E. Lake Hazel Rd., an arterial street,
landscaped per the standards listed in UDC 11-3B-7C, A 25-foot wide common lot is
depicted on the plat; this common lot also houses the pressure irrigation pump station and
widens beyond the required 25 feet towards the east end of the property where it adjoins
the proposed multi-use pathway and the Farr Lateral. The correct number of trees appear
to be shown on the submitted landscape plans (see Section VII.F)
Parkways are required to be landscaped in accord;with the standards listed in UDC 1I-
3B-7C. The total lineal feet of parkways and required number of trees based should
be included in the Landscape Calculations table on the final plat landscape plan to
demonstrate compliance with UDC standards.
Landscaping is required along all pathways (including micro-pathways) in accord with
the standards Iisted in UDC 11-3B-12C. The total lineal feet of pathways with the
required and proposed number of trees are included in the Landscape Calculations table.
Common open space is required to be landscaped in accord with the standards listed in
UDC 11-3G-3E. The total square footage of common open space are included in the
Landscape Calculations/Requirements table along with the required number of trees to
demonstrate compliance with UDC standards.
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Item#10.
M. Qualified Open Space(UDC 11-3G):
A minimum of 10% qualified open space meeting the standards listed in UDC I 1-3G-3B
is required. Based on the proposed plat of 55.14 acres, a minimum of 5.5 acres of
common open space should be provided.
1 The applicant is
proposing 9.74 acres of open space (or 18.5%), of which 6.46 acres (or 12.3%) is
qualifying open space consisting of a 10-foot multi-use pathway, common Iots with open
space areas, parleways aleiig all proposed leeal stfeets, the inclusion of the Farr Lateral as
open space, and half of the arterial street buffer to E. Lake Hazel Rd.
Mmee is qualified open spnne The applicant reevaluated their open space exhibit and
included all open space in their overall calculations while noting which area is qualifying;
due to ACH❑ seepage beds throughout the development, the Applicant chose not to
include any of the parkways in their qualifying open space calculation. Even without
these parkway areas,the proposed open space in this development and exceeds UDC
minimum standards (see Exhibit VII.F).
Sko'netes that the open space eak-telatiett inehides orea that is not common open rpaee,
i.e. the pool aoid pool deek. This area is not open spaee but inmead is paP4 of at;
The open space shown with the nyulti-family development appears to meet the specific Ilse
standards.A Pnore cohesive and complete review Will occur with the future Conditional
Use Permit application required_for multifamily development in the R-40 zoni 2g district.
Staff recommends the applicant ensure the opera space within the mufti-family
development meets the specific use standards requirements and the minimum 10%
open space requirement in UDC 11-3G-3.
N. Qualified Site Amenities(UDC 11-3G):
Based on the area of the proposed plat (55.14 acres), a minimum of three (3) qualified
site amenities are required to be provided per the standards listed in UDC 11-3G-3C.
The applicant proposes three (3)qualified amenities to include: a 10-foot multi-use
pathway; a community pool; and additional qualified open space of at least 20,000 square
feet. These proposed amenities meet the minimum UDC standards.
The three (3)proposed amenities in the multi-farslilt'development conceptually meet the
required specific use standards far multi-f roily development. When the multi fancily
portion is submitted,far CUP approval, the applicant should ensure there is an amenity
from each of the required sections in UDC I1-4-3-27.D.
O. Waterways(UDC 11-3A-6):
The Farr Lateral runs along the boundary of this development starting at its southeast
corner, continues along its southern and western boundary, and then bends north along its
northern property boundary. The applicant is proposing to protect this waterway in place
and add a 10-foot multi-use pathway outside of its easement to help create the waterway
as a usable amenity for this community and others_
Page 10
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Meridian City Council Meeting Agenda May 12.2020- Page 189 of 284
Item#10.
P. Fencing(UDC 11-3A-6, I1-M-7):
All fencing 1s required to comp]y with the standards Iisted in UDC 11-3A-7. Fencing is
proposed as shown on the landscape plan and meets UDC standards as proposed.
Q. Building Elevations (UDC II-3A-191 Architectural Standards hlmrua_y:
The Applicant has submitted sample elevations of the single-family homes and the future
multi-family component of this project(see Section VII.I).
The single-family homes are depicted as mostly single-story structures with a variety of
finish materials with stone, stucco, and lap-siding combinations. Some homes depict
extra-large spaces for at-home RV storage and others with a second-story that appears to
show a bonus room. The alley Ioaded single-family homes also depict combinations of
stone, stucco, and lap-siding. All single-family homes appear to meet the design and
architectural standards.
The multi-family elevations depict a variety of Finish materials and modulation. The rear
elevations of the proposed multi-family buildings abut an arterial roadway(E. Lake
Hazel Rd.) and will need to have additional modulation with the overall building
footprints to break up the fagade along the arterial and meet the required Architectural
Standards, submit elevations that comply with City standards with the CUP application.
Vl. DECISION
A. Staff:
Staff recommends approval of the requested annexation and zoning with the requirement
of a Development Agreement and approval of the requested preliminary plat with the
conditions noted in Section VIII.A per the findings in Section IX of this staff report.
B. The Meridian planning& Zoning Commission heard these items on April 2,2020. At the
public hearing,the Commission moved to recommend approval of the subject
Annexation and Prelimma Plat re nests.
l. Summary of Commission public hearing
a. In favor: Jon Breckon, Applicant Representative
b. In opposition: None
c. Commenting. None
d. Written testimony: None
e. Staff presenting application: Joseph Dodson
f_. Other Staff commenting on application: Bill Parsons: Andrea Pogue; and Bill
Nary.
2. Key issue(s) of public testimony
a. None
3. Key issue(s) of discussion by Commission:
a. Fire response times and timing of future fire station build.
b. Location of open space relative to proposed homes in the northeast,
c. Enrollment and capacity of nearby schools; potential of future school sites
nearby.
Page 11 —
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Meridian City Council Meeting Agenda May 12.2020- Page 190 of 284
Item#10.
d. Phasing of existing home connecting to City services; Commission decided to
modify Staffs condition_ of approval and allow the home to connect to city
services in line with the proposed phasing plan.
4. Commission changeW to Staff recommendation:
a. Modify condition of approval VIII.A8 to allow existing home to connect to city
b. services in line with the proposed phasingplan,
Add condition to Development Agreement requiring language be placed into all
sales infonnation regarding the Future multi-family development that will be a
art of this project-site.
5. Outstanding; issue(s) for City Council:
a. Council waiver to allow the Farr Lateral to remain as an open waterway. If
Council supports the waiver for the canal to remain open, staff recommends
Council include a new condition of approval allowing the Farr Lateral to remain
open in accord with UDC 11-3A-5.
C. The Meridian City Couneil_heard these items on April 28, 2020, At the public hearing,
the Council moved to approve the subieet AZ and PP requests,
1 Summary of the City Council Public hearing
a. In favor: Jon Sreckon, Applicant Representative: Hethe Clark,Applicant
Representative.
b. In position; Annette Alonso,Southern Rim Coalition
-q- Cammenting: Annette Alonso, Southern Rim Coalition
d. Written testimony: Annette Alonso—discussed pathway connectivity.
& Staff presenting applications g e- Dodson
f. Other Staff commenting on applicati+�n; Sill Parsons:Rill Nor
2. _Kev issues) of public testimony:
T a. Location of services in relation to this proposed subdivision-
b.
Location of open space next to Farr Lateral and access to Discovery Park across
Lake Hazel:
c. School enrollment concerns with the addition of this subdivision and others
recently approved by City Council:
3. Key issueCgof discus-sion_by City Council:
-a� School eartacities_enrollment and future~ school sites: unknown picture of
school district capacity as a whole.
b. Phasing of construction in regards to the multi-use pathway and overall
pedestrian connectivity to the new Discovery Park located across the street from
this development and other development,
4. Cily Council change(5)to Commission recommendation:
a. Require the proposed multi-use pathway to be constructed in Phase I of
development_extrefor that area of pathway proposed within-the multi-family
development,phase 4•
_Require that the street frontage improvements along Lake Hail are to_be
completed with Phase 1 development.
c, The waiver to keep the Farr Lateral open was approved by City Council.
Page 12
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Meri than City Couneil Meeting Agenda May 12.2020- Page 191 of 284
Item#10.
VII. EXHIBITS
A. Annexation Legal Descriptions and Exhibit Map
Legal Description
QY of Meridian Annexation
Lavender Heights Subdivision
A parcel of land located in the SW%of Section 32,Township 3 North,Flange 1 East, Boise
Meridian,Ada County,Idaho,more particularly described as foilows:
Commencing at an Aluminum cap monument marking the southwest comer of said Section 32,
From which an Aluminum cap monument marking the northwest comer of the SW'/, of said
section bears N 0'32'17"W a distance of 2700.11 feet;
Thence S 89'57'01"E along the southerly boundary of said SW'/.a distance of 1331.91 feet to
a 518 inch iron pin monument marking the southwest corner of the SE%of said SW%and the
POINT OF BEGINNING;
Thence N 0`09'52"W along the westerly boundary of said SE %.of the SW'/,a distance of
431.20 feet to the southeasterly corner of that parcel shown as the"John Freeman"parcel on
Record of Survey No.7783,records of Ada County,Idaho;
Thence along the southerly,westerly and northerly boundary of said parcel the foil owing courses
and distances:
Thence N 69'55A5'W a distance of 503.30 feet to a paint;
Thence N 5$'00'31"W a distance of 219.85 feet to a paint of curvature;
Thence a distance of 114.95 feet along the arc of a 140.00 foot radius curve right,said
curve hawing a central angle of 47"02'41"and a long ohord bearing N 34'29'08"W a
distance of 111.75 feet to a point of tangency;
Thence N 10'57'45'W a distance of 410.17 feet to a paint of curvature;
Thence a distance of 155.37 feet along the arc of a 110.00 foot radius curve right,said
curve having a central angle of 80'55'32"and a long chord bearing N 29130r30'E a
distance of 142.77 feet to a point of tangency;
Thence N 69'57'44"E a distance of 128.97 feet to a point;
Thence N 83'47'06"E a distanoe of 26.72 feet to a point:
Thence S B694T31"E a distance of 362.95 feet to a point of curvature;
Thence a distance of 122.47 feet along the arc of a 220,00 foot radius curve left,said
curve having a central angle of 31°53'39"and a long chard bearing N 77'15'42"E a
distance of 120.89 feet to a paint of tangency;
Thence N 61°1854"E a distance of 91.61 feet to a point of curvature;
17 Q i pions Lavender Heights Annexation
�
Job No.17-55� �as...rwg.,s wnwuna Page 1 of 2
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Meridian City Council Meeting Agenda May 12.2020- Page 192 of 284
Item#10.
Thence a distance of 22.57 feet along the arc of a 144.67 foot radius curve left,said
curve having a central angle of 8°56'24" and a long chord bearing N 56°50'40" E a
distance of 22.55 feel to a point on the east boundary of the NW X.of the SW'A of said
Section 32,also being the westerly boundary of Blackrock Subdivision No.1,as filed for
record in Book 96 of Plats at Pages 12003 through 12008,records of Ada County,Idaho;
Thence along said boundary S 0°08'26"E a distance of 101.67 feet to the northwest
corner of the 5E `/4 of the SW y/ of said Section 32, said point also being the
northwesterly comer of the"Clayton Properties LLC"parcel shown on said Record of
Survey No.7783,and the southwesterly corner of said Blackrock Subdivision No. 1;
Thence leaving said"John Freeman'parcel boundary,and along the northerly boundary of said
5E'/.of the SW%.,being partially along the northerly boundary of said"Clayton Propertes.L.LC"
parcel,also being the southerly boundary of said Blackrock Subdivlslon No. 1 5 89°49'51"E a
distance of 1340.54 feet to the northeasterly comer of said SE'/a of the SW%/
Thence along the easterly boundary of said SE '/4 of the SW%S 0"1702"W a distance of
1344.18 feet to the southeasterly corner of the 5W%of said Section 32;
Thence along the southerly boundary of said SW%N W58'24"W a distance of 1331.96 feet
to the POINT OF BEGINNING.
This parcel contains 65.14 acres,more or less,and is subject to any easements existing or in
use.
�pl LAMD
Clinton W.Hansen,PLS 5�Ne 15TEA, s���
Land Solutions,PC �'++
November 25,2019 ❑ 1.
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Land blutions NO.1
Job NO. 7
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Page 14
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Meridian City Council Meeting Agenda May 12.2020— Page 193 of 284
Item#10.
Legal❑!scriptlort
RA Zone
Lavender Heights Subdivision
A parcel of land located in the SW'/4 of Section 32, Township 3 North,mange 1 East- Boise
Meridian.Ada County,Idaho.more particularly described as follows:
Commencing at an Aluminum cap monument marking the southwest comer of said Section 32,
from which an Aluminum cap monument marking the northwest comer of the SW'/4 of said
section hears N 0*32'17"W a distance of 2700-11 feet;
Thence S 89'57'01"E along the southerly boundary of said SW'/.a distance of 1331.91 feet to
a 518 inch iron pin monument marking the southwest corner of the SE%Y,of said SW'/.:
Thence N 0°09'52"W along the westerly boundary of said SE A of the SW%a distance of
431.20 feet to a point;
Thence N 69°55'45"W a distance of 262.71 feet to the POINT OF BEGINNING;
Thence continuing N 69°55'45"W a distance of 240.59 feet to a point;
Thence N 58100'3I"W a distance of 219.85 feet to a point of curvature;
Thence a distance of 114.95 feet along the arc of a 140.00 foot radius curve right,said curve
having a central angle of 47602A V and a long chord bearing N 34029'08"W a distance of 111,75
feet to a point of tangency;
Thence N 10'5745"W a distance of 410.17 feet to a point of curvature;
Thence a distance of 155.37 feet along the arc of a 110-00 foot radius curve right,said curve
having a central angle of 80°55'32"and a long chord bearing N 29`30'30"E a distance of 142-77
feet to a point of tangency;
Thence N 69`57'44"E a distance of 128.97 feet to a point:
Whence N 83°47'06"E a distance of 28,72 Feet to a point;
Thence S 86'47'31"E a distance of 362.95 feet to a point of curvature.
Thence a distance of QZ47 feet along the arc of a 220.00 foot fadlus curve left,said curve
having a central angle of 31'53'39"and a long chord bearing N 77°15'42"E a distance of 120-89
feet to a point of tangency:
Thence N 0I'l8'54"E a distance of 9 1-61 feet to a point of curvature;
Thence a distance of 22-57 feet along the arc of a 144.67 foot radius curve left, said curve
having a central angle of 8°56'24"and a long chord bearing N 56`50'40"E a distance of 22.55
feet to a point on the east boundary of the NW'/.of the SW J4 of said Section 32,also being the
L2i��Q+UT!0ins Lavender Heights5ubdNision
L� M�•• .ro Revised R.4 lone
Jab No 17.5.5
Page
Page 15
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Meridian City Council Meeting Agenda May 12.2020- Page 194 of 284
Item#10.
westerly boundary of Blackrock Subdlvision No.1 as shown in Book 96 of Plats at Pages 12003
through 12008,records of Ada County,Idaho.
Thence along said boundary S 0'08'26'E a distance of 101,67 feet to the northwest corner of
the SE'/.of the SW'/.of said Section 32,said point also being the southwesterly corner of said
Blackrock Subdivision No, 1.
Thence along the northerly boundary of said SE '/, of the SW `/4, also being the southerly
boundary of said Blackrock Subdivision No. 1 S 89°49'51"E a distance of 1340.54 feet to the
northeasteriy corner of said SE%of the SW''/,;
Thence along the easterly boundary of said SE 'I.of the SW '% S O`12*02" W a distance of
707,92 feet to a point,
Thence leaving said boundary N 89'47'24"W a distance of 141.89 feet to a poinr;
Thence S O°12'02"W a distance of 23.62 feet to a paint:
Thence S 39°56'09"W a distance of 31.50 feet to a point on a curve;
Thence a distance of 2&69 feet along the arc of a%00 foot radius non-tangent curve left,said
curve having a central angle of 25-29'17"and a long chord bearing N 62'48'29"W a distance
of 26.47 feet to a point of tangency:
Thence N 7533'08"W a distance of 198 99 feet to a point.
Thence N 14'26'52"E a distance of 109.38 feet to a point of curvature;
Thence a distance of 24.92 feet along the arc of a 100.00 foot radius curve left, said curve
having a central angle of 14'16'43'and a long chord bearing N 7°18'30"E a distance of 24.86
feet to a point of tangency;
Thence N 01 10'09' E a distance of 412.38 feet to a point;
Thence N 89°49'5V W a distance of 502 79 feet to a point of curvature;
Thence a distance of 29.79 feet along the arc of a 60.00 foot radius curve left.said curve having
a central angle of 28923'02"and a long chord beanng 5 7V58'38"W a distance of 29.42 feet to
a point:
Thence N 28`12'53"W a distance of 31.50 feet to a paint;
Thence N 89'49'51"W a distance of 296,01 feet to a point:
Thence S 28°33'1 V W a distance of 31.50 feet to a point on a curve;
Thence a distance of 29.72 feet along the arc of a 60.00 foot radius non-tangent curve left.said
curve having a central angle of 28'23'02'and a long chord bearing N 75°38'20"W a distance
of 29.42 feet to a point of tangency;
Z.2tll[�- LltJOl1S Lavender HeghS_Suod"ion
s Ravised R-4 Zone
,foie No.1755
Page 7 of 3
Page 16
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Meridian City Council Meeting Agenda May 12.2020- Page 195 of 284
Item#10.
Thence N 89°49'51"W a distance of 613,00 feet to a point of curvature.
Thence a distance of 94.25 feet along the arc of a 60.00 foot radius curve left,said curve having
a central angle of 90°00'00"and a Tong chord hearing S 45'10'09"W a distance of 84.85 feet to
a point of tangency;
Thence S 0'10'09"W a distance of 163.00 feet to a point of curvature;
Thence a distance of 94.25 feet along the arc of a 60.00 foot radius curve left,said curve having
a central angle of 90`00'00"and a long chard bearing S 44"49'51"E a distance of 84.85 feet to
a point of tangency;
Thence S 89°49'51"E a distance of 186.00 feet to a point
Thence S 010'09"W a distance 209.50 feet to a point of curvature;
Thence a distance of 94.25 feet along the arc of a 60.00 foot radius curve left,said curve having
a central angle of 90"00'00"and a long chord bearing S 44'49'51"E a distance of 84.85 feet to
a point of tangency;
Thence S 89`49'51'E a distance of 18.64 feet to a point;
Thence S 0°09'52'E a distance of 122.87 feet to the POINT OF BEGINNING..
This parcel contains 16.37 acres,mare or Less.
Clinton W. Hansen,PLS s Sys
Land Solutions, PC
Revised May 1,2020
d 111�5
LA
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Revised RA Zone
Jab No.17-55
Page 3 of 3
Page 17
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Meridian City Council Meeting Agenda May 12.2020- Page 196 of 284
Item#10.
Thence S 89'49'51'E a distance of 296.01 feet to a point,
Thence S 28'12'53"E a distance of 31.50 feet to a point on a curve.
Thence a distance of 29.79 feet along the arc of a 60.00 Foot radius non-tangent curve right,
said curve having a central angle of 2a 23'02"and a Tong chord gearing N 75"58'38"IF a distance
of 29.42 feet to a point of tangency:
Thence S 89'49'51"E a distance of 502.79 feet to a paint.
Thence S 0'10'09"W a distance of 412.35 feet to a paint of curvature.
Thence a distance of 24.92 feet along the arc of a 100.00 foot radius curve right. said curve
having a central angle of 14"1543"and a long chord bearing S 7`18'30"W a distance of 24.86
feet to a point of tangency;
Thence S 14"26'52"W a distance of 109.38 feet to a point.
Thence S 75'33'08"E a distance of 198.99 feet to a point of curvature,
Thence a distance of 26.89 feet along the arc of a 60.00 foot radius curve right. said curve
having a central angle of 25"29'17'and a long chord bearing S 62'48'29"E a distance of 26.47
feet to a point.
Thence N 39'56'09'E a distance of 31.50 feet to a point
Thence N 0`12'02'E a distance of 23.62 feet to a point;
Thence S 89'47'24-E a distance of 141.99 feet to a point on the easterly boundary of said SE
%of the SW/<;
Thence along said easterly boundary S D'12'02"W a distance of 553.26 feet to a paint.
Thence leaving said boundary N 89'58'24"W a distance of 103.29 feet to a point;
Thence N 67`56'23"W a distance of 156.05 feet to a point.
Thence N 14'26'52"E a distance of 150.51 feet to a point,
Thence N 15'05'05"W a distance of 51.58 feet to a point on a curve.
Thence a distance of 30.93 fees along the are of a 60.00 foot radius non-tangent curve right.
said curve having a central angle of 29`31 57' and a tong chord bearing S 89'40'54" W a
distance of 30.59 feet to a paint of tangency.
Thence N 75'33'08"W a distance of 598.93 feet to a point of curvature:
La n(1501 u t i ns Lavender kleighls Submvision
Ravteo W- Zone
dDd No 17.55
Page 2 of 3
Page 1$
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Meridian City Council Meeting Agenda May 12.2020- page 197 of 284
Item#10.
Thence a distance of 51.16 feet along the arc of a 100.00 foot radius curve right. said curve
having a central angle of 46`30'40"and a long chord bearing N 52°18'08'W a distance of 78.95
feet to a point:
Thence 5 49�44'18"W a distance of 9 2.6 6 feet to a point,
Thence 5 14'25'52"W a distance of 137.03 feet to a point
Thence N 75°33'48"W a distance of 176.02 feet to a point.
Thence N 70°56'08"W a distance of 170.63 feet to the POINT OF BEGINNING
This parcel contains 28.07 acres,more or less.
oNA�LgN4
Clinton W. Hansen, PL �
5 � 4� sL pG
Land Solutions. PC
Revised May 1.2020 0 <
a � 1118
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Lavender HegfrS S1lbdruL6ionLc7ffSOju[!OnS
Revised R-8 zone
Joe No 17.55
page 3 of 3
Page 19
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Meridian City Council Meeting Agenda May 12.2020- Page 198 of 284
Item#10.
Legal Description
i2-15 Zone
Lavender Heights Subdivision
A parcel of land located in the SW%of Section 32,Township 3 Norih,Range 1 East,130ise Meridian,
Ada County,Idaho,more particularly described as follows:
Commencing at an Aluminum cap monument marking the southwest comer of said Section 32,from
which an Aluminum cap monument marking the northwest comer of the SW%of said section bears
N 0'32'17'W a distance of 2700.11 feet',
Thence S B957'01"E along the southerly boundary of said SW'/.a distance of 1331.91 feet to a 5/8
inch iron pin monument marking the southwest comer of the SE'/,of said SW%-1
Thence N 0°Og'52"W along the westerly boundary of said SE%of the SW'/a distance of 431.20
feet;
Thence S 70°56'08°E a distance of 170.63 feet to a point,
Thence S 75'33'08"E a distance of 176.02 feet to the POINT OF BEGINNING;
Thence N 14°26'52"E a distance of 137.03 feet to a point;
Thence N 49'44'18"E a distance of 92.66 feet to a point on a curve;
Thence a distance of 8 1.16 feet along the arc of a 100.00 foot radius non-tangent curve left,said curve
having a central angle of 46°30'00"and a long chord bearing S 52'18'08'E a distance of 78.95 feet
to a point of tangency;
Thence S 75°33'08"E a distance of 598.93 feet to a point of curvature;
Thence a distance of 30.93 feet along the arc of a 60.00 foot radius curve left,said curve having a
central angle of 2T31'57"and a long chord bearing N 89°40'54"E a distance of 30.59 feet to a point;
Thence S 15°05'05"E a distance of 51.5E feet to a point;
Thence S 14°26'52"W a distance of 150.51 feet to a point;
Thence N 67°56'23"W a distance of 46.03 feet to a point;
Thence N 75°33'08"W a distance of 734.37 feet to the POINT OF 8SGINNING,
This parcel contains 3.25 acres,more or less. toNAL cA NQ�
�yg 15 T t=,4 .-
Clinton W.Hansen,PLS a a
Land Solutions,PC a 118
November 25,2019 � 11�2L��`rZ�
p01V W.H�--
�..c�ndSolut►ons Lavendea Heights Subdiv s on
R-15 Zona
Job No.1
7-55
Page t of 1
Page 20
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Meridian City Council Meeting Agenda May 12.2020— Page 199 of 284
Item#10.
Legal Description
R-40 Zane
Lavender Heights Subdivision
A parcel of land located In the SE'/a of the SW'I of Section 32, Township 3 North,Range 1
East, Boise Meridian,Ada County,Idaho,more particularly described as follows:
Commencing at an Aluminum Gap monument marking the southwest corner of said Section 32,
from which an Aluminum cap monument marking the northwest corner of the SW/.of said
section bears N 0432*17"W a distance of 2700.11 feet;
Thence S 89"57'01"E along the southerly boundary of said SW'/,a distance of 1331.91 feet to
a 516 inch iron pin monument marking the southwest comer of the SE%of said SW%. the
POINT OF BEGINNING;
Thence N 0109`52'W along the westerly boundary of said BE N of the SW%a distance of
431.20 feet to a point-,
Thence leaving said boundary S 70°56'08"E a distance of 170.63 feet to a point,
Thence S 75`33'08"E a distance of 910.39 feet to a point;
Thence S 67`56'23"E a distance of 202.08 feet to a point;
Thence S 89°58'24"E a distance of 103.29 feet to a paint on the easterly boundary of said SE
''/4of the SIN%;
Thence along said boundary S 0°12'02"W a distance of 73.00 feet to the southeast corner of
said SE X of the SW%;
Thence along the southerly boundary of said SE'1 of the SW'/4 N 89°58'24"W a distance of
1331.96 feet to the POINT OF BEGINNING.
This parcel contains 7.44 acres,more or less.
LA
Clinton W.Hansen,PLS y�°�pu T Na s
Land Solutions,PC ¢-
December 3,2019
11118
z
'YpON
W.N�
La fl�01 U#ions Lavender Heights Subdivision
L, L-o u—Am.,w cnmw u R-40 Zone
Soh No,17.55
Page 1 of 1
Page 21 -
Page 159
Meridian City Council Meeting Agenda May 12.2020- Page 200 of 284
Item#10.
CITY OF MERIDIAN ANNEXATION
31 32 LAVENDER HEIGHTS SUBDIVISION
1/4 LOCATED IN THE SW 1/4 OF SECTION 32,
T.3N., R.I E.. BM.,ADA COUNTY,IDAHO
I IW
I � N
N61'18'54"E BLACKROM SUDDIVISION NO. 1 z
N83'4T06°E r�� 2� E BOOK 96, PAGES 12003-12008
o N6957'4 SD'08'26"E
128101,67 S89'49'51"E 1340.54'
SW 1 16 C5 1/16
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6 S89's7'D1"E 1331.91' POINT OF '� 1 16 I N89'S8'24"UV 1331,96' S
BEGINNING
n
0 200 400 800 L.LA ND
S
(L I 1 m
0{
CURVE TABLE , - Il/ZG/+-, _
r TE OF
CURVE # LENGTH RADIUS DELTA BEARING CHORD 0 W.lip'
C1 114.95' 140.00' 47'02'41' N34'29'08`W 111.75'
C2 155,37' 11 D.00' SD'55'32" 1429'30'30`E 142.77' Lan o f uti o n s
C3 122.47' 220.DU' 31'53'39" N77'15'42"E 12039' Land Surveying and Consulting
231f 5.1H ST_STE.A
C4 22.57' 144.67' 8'56'24" N56'5O'40"E 22.55 MER1011W.In 33642
1206}288 2010 t2D8)288 2557 rax
W W Adnd9G1uI1'�bw JUG NO 17--M
Page 22
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Meridian City Council Meeting Agenda May 12,2020- Page 201 of 284
Item#10.
B. Proposed Zoning designations (date: '' A20 1 9 0514112020)
CITY OF MERIDIAN REZONE
LAVENDER HEIGHTS SUBDIVISION
LOCATED IN THE SW 1/4 OF SECTION 32, T.3N., R.2 E.,B.M.,ADA COUNTY, IDAHO
2 m 5. LOCUST GRQ4E fiQ. ril
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e►ss ar e�hmHc N >n r� R—a ZONE
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- Page 23
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Meridian City Council Meeting Agenda May 12,2020- Page 202 of 284
Item#10.
C. Preliminary Platte: 1413Q0^'k�[date: 4/17/2020]
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Page 24
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Meridian City Council Meeting Agenda May 12.2020— Page 203 of 284
Item#10.
D. FLUM Density Exhibit
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Page 25
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Meridian City Council Meeting Agenda May 12.2020— Page 204 of 284
Item#10.
E. Open Space Exhibit (date. 21"1.20 (date.4/17/2020)
CITY OF MERIDIAN OPEN
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Page 26
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Meridian City Council Meeting Agenda May 12.2020- Page 205 of 284
Item#10.
F. Landscape Plan (date. ' -2342O p"- date: 4/20/2020)
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Meridian City Council Meeting Agenda May 12,2020- Page 206 of 284
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Page 29 —
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Meridian City Council Meeting Agenda May 12,2020— Page 208 of 284
Item#10.
H. Phasing Plan
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Page 30
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Meridian City Council Meeting Agenda May 12.2020— Page 209 of 284
Item#10.
1. Conceptual Building Elevations
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Page 31
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Item#10.
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Meridian City Council Meeting Agenda May 12,2020— Page 211 of 284
Item#10.
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Page 33
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Item#10.
VUL CITYIAGENCY COMMENTS& CONDITIONS
A. PLANNING DIVISION
1 . A Development Agreement(DA) is required as a provision of annexation of this property.
Prior to approval of the annexation ordinance, a DA shall be entered into between the City of
Meridian,the property owner(s) at the time of annexation ordinance adoption,and the
developer.
Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division
prior to commencement of the DA. The DA shall be signed by the property owner
and returned to the Planning Division within six (6)months of the City Council
granting the annexation. The DA shall,at minimum, incorporate the following
provisions:
a. Future development of this site shall be generally consistent with the
preliminary plat, landscape plan and conceptual building elevations for the
single-family dwellings included in Section VII and the provisions contained
herein.
b. The 10400t multi-use pathway shall be constructed with Phase 1 of the
development,excepfor that area located in the proposed future multifamily
development along the southern edge of the Farr Lateral shown as Phase 4.
c, The required secondary access via extension of E, Brace Dr. shall be
constructed with Phase 1 of the development.
d. Direct lot access to Lake Hazel Road shall be prohibited.
e. No more than 54 and no less than 35 units shall be allowed on the R40 zoned
property. Detailed Conditional Use Permit approval is required prior to any
development on the R-40 zoned area.
f With the sale of all fixture homes in the Lavender Heights Subdivision,all sales
information shall have language regarding the future multi-familyjsroject that
will be a part of this development.
g, Per it �ouncil +aiver the Farr Lateral waterway shall remain in aocorq
�itll�he�.I�c�arsl,�in T�DC i�gf.. - -
h. The required street frontage irmprovemcnts(sidewalk and landscaing)along E.
Lake Hazel Road shall bc--m structed with Phase 1 f the dev t ment.
2_ The preliminary plat included in Section VII.C, dated 0 1 A23i2O2O 04/17/2020,shall be
revised as follows prior to submittal of the final plat application:
a. Add to the plat, a proposed curb-cut for the future roadway to the west from S.
Bloomerang Ave.
b. For phases adjacent to E. Lake Hazel Road,add a note prohibiting direct lot access via E.
Lake Hazel Road.
Sabinit a revised plan (and electronic cony) to/lie Planning Division at least 10 days prior
to the City Council hearing.
3. The landscape plan included in Section VII.F,dated nl"o�Q 04/20/2020,shall be revised
as follows prior to submittal of the final plat application:
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Item#10.
a. The Landscape Calculations/Requirements table shall include the following: 1) the total
linear feet of parkways and the required number of residential subdivision trees per UDC
1 1-3 B-7C;2); the total square footage of common open space and required number of
trees per UDC I 1-3G-3E.
b. Change proposed fencing symbol to more clearly reflect the type of fencing proposed
(i.e. a different symbol for each type of fencing); all fencing shall comply with the
standards listed in UDC 1 1-3A-7.
4. The Open Space Exhibit shall be corrected to remove impermeable surface area on Lot 9,
Block 3.
4. Future development shall be consistent with the minimum dimensional standards listed in
UDC Table l 1-2A-fi for all proposed zoning districts.
5. Off-street parking is required to be provided in accord with the standards listed in QDC Table
1 1-3C-5 for single-family detached dwellings based on the number of bedrooms per unit.
6 An exhibit shall be submitted with the final plat application that depicts the setbacks,
fencing, building envelope, and orientation of the lots and structures accessed via the
common driveway; if a property abuts a common driveway but has the required
minimum street frontage and is taking access via the public street,the driveway shall be
depicted on the opposite side of the shared property line from the common driveway as
set forth in UDC 11-6C-31).
7_ Where pathways Ioop through common driveways, signage shall be provided to notify
pedestrians that the common driveways serve a dual purpose(i.e. driveway/pathway) and are
part of the pathway loop.
8. The existing home that is to remain shall be required to connect to City of Meridian city
services with Phase 4-2 of the development, consistent with the proposed phasing plan.
B. PUBLIC WORKS
1. Site Specific Conditions of Approval
1.1 Each phase of this development must be modeled to ensure fire flow requirements can be
inet. A second water main connection may be required at first phase.
1.2 Existing wells must be decommissioned according to IDWR rules which include employing
methods to ensure grout fills the annular space outside of the well casing. Record of
abandonment must be provided to the City prior to final plat signature.
1.3 Applicant to coordinate with Public Works Engineering regarding fire flow requirements
beyond 1500 gpm.
1.4 No sewer mainlines in common drives,only sewer services (reminder that a maximum of
three services are allowed into a manhole,with a minimum 30-degrees of angle separation).
1.5 Sanitary sewer and water service lines extending through storm water seepage beds should be
avoided.
2. General Conditions of Approval
2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works
Department, and execute standard forms of easements for any mains that are required to
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Meridian City Council Meeting Agenda May 12,2020- Page 214 of 284
Item#10.
provide service outside of a public right-of-way. Minimum cover over sewer mains is three
feet, if cover from top of pipe to sub-grade is less than three feet than a]ternate materials
shall be used in conformance of City of Meridian Public Works Departments Standard
Specifications.
2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water
mains to and through this development. Applicant may be eligible for a reimbursement
agreement for infrastructure enhancement per MCC 8-6-5.
2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public
right of way(include all water services and hydrants). The easement widths shall be 20-feet
wide for a single utility,or 30-feet wide for two. The easements shall not be dedicated via
the plat, but rather dedicated outside the plat process using the City of Meridian's standard
forms. The easement shall be graphically depicted on the plat for reference purposes. Submit
an executed easement(on the form available from Public Works),a legal description
prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of
the easement(marked EXHIBIT A)and an 9112"x 1 1"map with bearings and distances
(marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a
Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this
document. All casements must be submitted,reviewed,and approved prior to development
plan approval.
2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-
round source of water(MCC 12-13-8.3). The applicant should be required to use any
existing surface or well water for the primary source. If a surface or well source is not
available,a single-point connection to the culinary water system shall be required, If a
single-point connection is utilized,the developer will be responsible for the payment of
assessments for the common areas prior to prior to receiving development plan approval.
15 All existing structures that are required to be removed shall be prior to signature on the final
plat by the City Engineer. Any structures that are allowed to remain shall be subject to
evaluation and possible reassignment of street addressing to be in compliance with MCC.
2.6 All irrigation ditches,canals, laterals, or drains,exclusive of natural waterways,intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be addressed
per UDC l 1-3A-6. In performing such work,the applicant shall comply with Idaho Code
42-1207 and any other applicable law or regulation.
2.7 Any existing domestic well system within this project shall be removed from domestic
service per City Ordinance.Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering
Department at(208)898-5500 for inspections of disconnection of services. Wells may be
used for non-domestic purposes such as landscape irrigation if approved by Idaho
Department of Water Resources Contact Robert B. Whitney at(208)334-2194.
2.8 Any existing septic systems within this project shall be removed from service per City
Ordinance Section 9-1-4 and 9 4 S. Contact Central District Health for abandonment
procedures and inspections(208)375-5211.
2.9 Street signs are to be in place,sanitary sewer and water system shall be approved and
activated,road base approved by the Ada County Highway District and the Final Plat for
this subdivision shall be recorded,prior to applying for building pen-nits.
2.10 A letter of credit or cash surety in the amount of 1 10%wiII be required for all uncompleted
fencing, landscaping,amenities, etc.,prior to signature on the final plat.
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Item#10.
2.11 All improvements related to public life, safety and health shall be completed prior to
occupancy of the structures. Where approved by the City Engineer, an owner may post a
performance surety for such improvements in order to obtain City Engineer signature on the
final plat as set forth in UDC I I-5C-3B.
2.12 Applicant shall be required to pay Public Works development plan review,and constriction
inspection fees,as determined during the plan review process, prior to the issuance of a plan
approval letter.
2.13 It shall be the responsibility of the applicant to ensure that all development features comply
with the Americans with Disabilities Act and the Fair Housing Act,
2.14 Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Army Corps of Engineers.
?.I 5 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.17 Compaction test results shall be submitted to the Meridian Building Department for all
building pads receiving engineered backlill,where footing would sit atop fill material.
2.18 The design engineer shall be required to certify that the street centerline elevations are set a
minimum of 3-feet above the highest established peak groundwater elevation. This is to
ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above.
2.I9 The applicants design engineer shall be responsible for inspection ofall irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation
district or ACHD.The design engineer shall provide certification that the facilities have
been installed in accordance with the approved design plans. This certification will be
required before a certificate of occupancy is issued for any structures within the project,
2.20 At the completion of the project, the applicant shall be responsible to submit record
drawings per the City of Meridian AutoCAD standards. These record drawings must be
received and approved prior to the issuance of a certification of occupancy for any structures
within the project,
121 A street light plan will need to be included in the civil construction plans. Street light plan
requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A
copy of the standards can be found at
http://www.meridiancity.org/public works.aspx?id=272.
2.22 The City of Meridian requires that the owner post to the City a performance surety in the
amount of 125% of the total construction cost for all incomplete sewer,water and reuse
infrastructure prior to final plat signature. This surety will be verified by a line item cost
estimate provided by the owner to the City. The surety can be posted in the form of an
irrevocable letter of credit,cash deposit or bond.Applicant must file an application for
surety,which can be found on the Community Development Department website. Please
contact Land Development Service for more information at 887-2211.
2?3 The City of Meridian requires that the owner post to the City a warranty surety in the
amount of 20%,of the total construction cost for all completed sewer,water and reuse
infrastructure for duration of two years.This surety will be verified by a line item cost
estimate provided by the owner to the City.The surety can be posted in the form of an
irrevocable letter of credit,cash deposit or bond.Applicant must file an application for
surety,which can be found on the Community Development Department website. Please
contact Land Development Service for more information at 887-2211.
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Item#10.
C. FIRE DEPARTMENT
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G. BOISE PROJECT BOARD OF CONTROL
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H. NAMPA&MERIDIAN IRRIGATION DISTRICT
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IX. FINDINGS
A. Annexation and/or Rezone(UDC 11-5B-3E)
Required Findings: Upon recommendation from the commission,the council shall make a full
investigation and shall,at the public hearing,review the application. In order to grant an
annexation and/or rezone,the council shall make the following findings;
L The map amendment complies with the applicable provisions of the comprehensive plan;
The Commissionfinds the proposed zoning map amendment to R-4, R-8, R-15, and R-40 and
subsequent development is consistent with the Comprehensive Plan, if all conditions of
approval are complied with.
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Item#10.
2_ The map amendment complies with the regulations outlined for the proposed districts,
specifically the purpose statement;
The City Council finds the proposed zoning map amendment will allow fat-the development
of siragle family detached and attached loonies, as-well as multi-farrrily; all of wlrielr will
contribute to the range of housing opportunities available within the City consistent with the
Comprehensive Plan and the purpose statement of the residential districts.
3. The map amendment shall not be materially detrimental to the public health, safety,and
welfare;
The City Council finds the proposed zoning snap amendment should not be detrimental to the
puhlic•health, safgv and welfare.
4. The snap amendment shall not result in an adverse impact upon the delivery of services by
any political subdivision providing public services within the city including,but not limited
to,school districts; and
The Cixt,Councilfinds the proposed zoning map amendment will not result in all adverse
impact an the deliver•of services by arty political subdivision providing public services
within the City.
5. The annexation(as applicable)is in the hest interest of city.
The Cit1r Council finds the proposed annexation is in the best interest v,f the City per the
Analj,sis in Section V.
B. Preliminary Plat Findings:
In consideration of a preliminary plat,combined preliminary and Canal plat,or short plat,
the decision-making body shall make the following findings:
1. The plat is in conformance with the Comprehensive Plan;
The City Council finds that the proposed plat, with Staff"s recommendations, is in substantial
compliance with the adapted Comprehensive Platy in regard to land use, density,
transportation, and pedestrian connectivity. (Please see Comprehensive Plan Policies in,
Section V of this repa►•t,for more in formation.)
2. Public services are available or can be made available and are adequate to accommodate
the proposed development;
The City Council finds that public services will be provided to the subject proper?), with
development. (See Section VIII of the Staff Report for more details from public service
providers.)
3. The plat is in conformance with scheduled public improvements in accord with the City's
capital improvement program;
Because City water and sewer and any other utilities will be provided by the development at
their awn cost, the City Council finds that the subdivision will not require the expenditure of
capital improvement fitnals.
4. There is public financial capability of supporting services for the proposed development;
The City Council firtrls there is public financial ratpabilitt of supporting services
_for the
proposed development based upon comments from the public service providers (i.e., Police,
Fire,ACHD, etc). (See Section VII far more infornzation.j
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Item#10.
5. The development will not be detrimental to the public health, safety or general welfare;
and,
The Cite Council is not aware ofairy health,safgy, or environmental problents associated with
the planing of dais properh� ACHD cotasidet s t oad safetti-issues in their atzatysis altd appro}�es
of the overall project.
6. The development preserves significant natural,scenic or historic features.
The Cih Council is unaware ofany significant natural,.scenic or historic-features that exist on
this site that require preserving.
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