Z - Signed Order BEFORE THE MERIDIAN CITY COUNCIL
HEARING DATE: SEPTEMBER 7, 2021
ORDER APPROVAL DATE: SEPTEMBER 21, 2021
IN THE MATTER OF THE )
REQUEST FOR FINAL PLAT )
CONSISTING OF 63 BUILDING ) CASE NO. FP-2021-0041
LOTS AND 7 COMMON LOTS ON )
16.87 ACRES OF LAND IN THE R-4 ) ORDER OF CONDITIONAL
& R-8 ZONING DISTRICT FOR ) APPROVAL OF FINAL PLAT
LAVENDER HEIGHTS NO. 3 FP. )
BY: LH DEVELOPMENT,LLC )
APPLICANT )
This matter coming before the City Council on September 7, 2021 for final plat approval
pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the
Administrative Review is complete by the Planning and Development Services Divisions of the
Community Development Department, to the Mayor and Council, and the Council having
considered the requirements of the preliminary plat, the Council takes the following action:
IT IS HEREBY ORDERED THAT:
1. The Final Plat of"PLAT SHOWING LAVENDER HEIGHTS SUBDIVISION
NO. 3, LOCATED IN THE SW '/4 OF SECTION 32, TOWNSHIP 3N, RANGE
IE, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2021,
HANDWRITTEN DATE: 07/25/21, by Clinton W. Hansen, PLS, SHEET 1 OF
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR(Lavender Heights No. 3—FILE 4FP-2021-0041)
Page 1 of 3
4," is conditionally approved subject to those conditions of Staff as set forth in the
staff report to the Mayor and City Council from the Planning and Development
Services divisions of the Community Development Department dated September
7, 2021, a true and correct copy of which is attached hereto marked"Exhibit A"
and by this reference incorporated herein, and the response letter from Ben
Thomas, Applicant Representative, a true and correct copy of which is attached
hereto marked"Exhibit B" and by this reference incorporated herein.
2. The final plat upon which there is contained the certification and signature of the
City Clerk and the City Engineer verifying that the plat meets the City's
requirements shall be signed only at such time as:
2.1 The plat dimensions are approved by the City Engineer; and
2.2 The City Engineer has verified that all off-site improvements are
completed and/or the appropriate letter of credit or cash surety has been
issued guaranteeing the completion of off-site and required on-site
improvements.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may
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.
Page 2 of 3
Please take notice that this is a final action of the governing body of the City of
Meridian,pursuant to Idaho Code § 67-6521. An affected person being a person who has an
interest in real property which may be adversely affected by this decision may,within twenty-
eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho
Code§ 67-52.
By action of the City Council at its regular meeting held on the 21 st day of September,
2021.
By:
Robert E. Simison 9-21-2021
Mayor, City of Meridian
Attest:
Chris Johnson 9-21-2021
City Clerk
Copy served upon the Applicant,Planning and Development Services Divisions of the Community
Development Department and City Attorney.
By: Dated: 9-21-2021
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR(Lavender Heights No. 3—FILE#FP-2021-0041)
Page 3 of 3
EXHIBIT A
STAFF REPORT E COMMUNITY
N --
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 9/7/2021
DATE: -- - - - --
TO: Mayor&City Council
FROM: Joseph Dodson,Associate Planner - --
208-884-5533 _-_ d
NOT APART a
SUBJECT: FP-2021-0041 NO7pp,R
Lavender Heights No. 3
LOCATION: The site is located approximately'/4 mile
east of S. Locust Grove Rd. on the north ..' �"��
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side of E. Lake Hazel Rd., in the S '/2 of _
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the SW '/4 of Section 32,Township 3N., � -soo,e
Range 1 E.
I. PROJECT DESCRIPTION
Request for Final Plat approval consisting of 63 single-family residential building lots and 7 common
lots on 16.87 acres of land in the R-4 and R-8 zoning districts.
II. APPLICANT INFORMATION
A. Applicant/Owner:
LH Development,LLC—PO Box 344,Meridian,ID 83680
B. Representative:
Ben Thomas, Civil Innovations,PLLC— 1043 E. Park Blvd. Ste. 101,Boise,ID 83712
III. STAFF ANALYSIS
Staff has reviewed the proposed final plat for substantial compliance with the preliminary plat as
required by UDC 11-6B-3C.2. This is the second phase of development of the Lavender Heights
Subdivision. The same number of buildable lots, common lots, and amount of open space is proposed
as were approved in the preliminary plat.
The preliminary plat requires 6.46 acres(or 12.3%overall)of qualified open space. The open space
proposed in phase 1 was incorrectly labeled on that final plat but has now been corrected to show
220,443 square feet(5.06 acres) of qualified open space instead of 132,865 square feet. In total, all
required qualified open space has been provided with the three final plats including the remaining
34,356 square feet in phase 3. Therefore,the required open space to be provided has been satisfied.
Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as
required.
Page 1
IV. DECISION
A. Staff:
Staff recommends approval of the proposed final plat with the conditions of approval in Section
VI of this report.
Page 2
Page 118
V. EXHIBITS
A. Preliminary Plat(date: 4/17/2020)
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Page 7
VI. CITY/AGENCY COMMENTS & CONDITIONS
A. Planning Division
Site Specific Conditions:
1. Applicant shall comply with all previous conditions of approval associated with this
development(H-2020-0009,DA Inst. #2020-106343).
2. The applicant shall obtain the City Engineer's signature on the final plat by May 12,2022,
within two(2)years of the date of approval of the preliminary plat(May 12,2020),OR
within two(2)years of the date of City Engineer signature on the previous final plat phase,in
accord with UDC 11-6B-7, in order for the preliminary plat to remain valid or a time
extension may be requested.
3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the
accompanying acknowledgement signed and notarized.
4. The final plat shown in Section V.B,prepared by Land Solutions, stamped on 07/25/21 by
Clinton W. Hansen, is approved with the following conditions:
a. Note#4: Add instrument number;
b. Add the Book and Pages for the Lavender Heights Subdivision No. 1 on the final plat.
c. Add the instrument number of the existing Meridian sanitary sewer easement noted on
the plat.
5. The landscape plans shown in Section V.C,prepared by Breckon Land Design, dated
03/24/21,are approved as submitted.
6. With the Final Plat Signature application,the Applicant shall submit a Common Drive
Exhibit for Lot 26, Block 2.
7. Prior to City Engineer signature on this final plat,the applicant shall submit proof of the
recorded public access easements for the multi-use pathway(Lot 23,Block 2)required with
Phase 1 development.
8. Future homes constructed in this phase shall be generally consistent with the elevations
approved with the preliminary plat application(H-2020-0009)with materials and
architectural features to be the same or of higher quality as shown in the elevations.
9. Prior to signature of the final plat by the City Engineer,the applicant shall provide a letter
from the United States Postal Service stating that the applicant has received approval for the
location of mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more
information.
10. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat
and/or development agreement does not relieve the Applicant of responsibility for
compliance.
11. The multi-use pathway along the south side of the Farr Lateral shall be owned and maintained
by the HOA and incorporated into a common lot with a future phase of development.
A. PUBLIC WORKS
SITE SPECIFIC CONDITIONS:
1. Due to issues with sewer services settling across infiltration trenches, where possible, relocate
trenches to minimize the number of service crossings.
Page 8
2. The soil report information is from May of 2006. The applicant shall provide updated geotechnical
or soils information to be reviewed prior to signature of the final plat.
GENERAL CONDITIONS:
1. Sanitary sewer service to this development is available via extension of existing mains adjacent to
the development. The applicant shall install mains to and through this subdivision; applicant shall
coordinate main size and routing with the Public Works Department, and execute standard forms
of easements for any mains that are required to provide service. Minimum cover over sewer mains
is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials
shall be used in conformance of City of Meridian Public Works Departments Standard
Specifications.
2. Water service to this site is available via extension of existing mains adjacent to the development.
The applicant shall be responsible to install water mains to and through this development,
coordinate main size and routing with Public Works.
3. 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
11-5C-3B.
4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the
applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A.
5. A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing,
landscaping, amenities,pressurized irrigation,prior to signature on the final plat.
6. The City of Meridian requires that the owner post with the City a performance surety in the amount
of 125% of the total construction cost for all incomplete sewer, water 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 applicant shall be required to enter into a Development Surety Agreement with the City
of Meridian. 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.
7. 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, and water infrastructure for a duration
of two years.This surety amount will be verified by a line item final cost invoicing 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.
8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health
improvements,prior to City Engineer signature on the final plat and/or prior to occupancy,a surety
agreement may be approved as set forth in UDC 11-5C-3C.
9. Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
10. 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.
It. Applicant shall be responsible for application and compliance with any Section 404 Permitting that
Page 9
may be required by the Army Corps of Engineers.
12. Developer shall coordinate mailbox locations with the Meridian Post Office.
13. All grading of the site shall be performed in conformance with MCC 11-1-413.
14. Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill,where footing would sit atop fill material.
15. The 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.
16. The applicants design engineer shall be responsible for inspection of all 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.
17. 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.
18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street
Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be
installed at developer's expense. Final design shall be submitted as part of the development plan
set for approval, which must include the location of any existing street lights. The contractor's
work and materials shall conform to the ISPWC and the City of Meridian Supplemental
Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator
at 898-5500 for information on the locations of existing street lighting.
19. 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 81/2"x
11" 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 easements must be submitted,reviewed,and approved prior to
signature of the final plat by the City Engineer.
20. Applicant shall be responsible for application and compliance with and NPDES permitting that
may be required by the Environmental Protection Agency.
21. Any wells that will not continue to be used must be properly abandoned according to Idaho Well
Construction Standards Rules administered by the Idaho Department of Water Resources. The
Developer's Engineer shall provide a statement addressing whether there are any existing wells in
the development, and if so, how they will continue to be used, or provide record of their
abandonment.
22. Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment
procedures and inspections.
23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
Page 10
source of water(MCC 9-1-28.C.1).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
development plan approval.
24. 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
11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any
other applicable law or regulation.
Page 11
Joseph Dodson
From: Ben Thomas <ben@civil-innovations.com>
Sent: Monday, August 30, 2021 3:05 PM
To: Joseph Dodson
Cc: City Clerk
Subject: RE: Lavender Heights No. 3
External Sender-Please use caution with links or attachments.
Joe,
The applicant agrees to the conditions of approval listed in the staff report for Lavender Heights No. 3.
Thank you.
Ben Thomas, PE
Civil Innovations, PLLC
1043 E. Park Blvd. Ste. 101
Boise, ID 83712
(208) 884-8181
From:Joseph Dodson <idodson@meridiancity.org>
Sent: Monday, August 30, 2021 2:30 PM
To: Ben Thomas<ben@civil-in novations.com>; Adrienne Weatherly<aeatherly@meridiancity.org>; Bill Nary
<bnary@meridiancity.org>; Charlene Way<cway@meridiancity.org>; Chris Johnson <ciohnson@meridiancity.org>; Kurt
Starman <kstarman@meridiancity.org>;Ted Baird <tbaird@meridiancity.org>
Cc: Bill Parsons<bparsons@meridiancity.org>
Subject: Lavender Heights No. 3
Hello,
Attached is the staff report for the final plat for Lavender Heights No, 3, FP-2021-0041. This item is
scheduled to be on the consent agenda at the City Council work session on September 7, 2021. The meeting
will be held at City Hall, 33 E. Broadway Avenue, beginning at 4:30 pm. Please call or e-mail with any
questions.
Please submit a written response to the staff report to the City Clerk's office (cityclerk@meridiancity.orR)
and me as soon as possible. IF you are not in agreement with the staff report, the item will be placed on the
regular meeting agenda at a subsequent meeting for discussion.
Thank you,
Joseph Dodson Current Associate Planner
City of Meridian Community Development
33 E. Broadway Ave., Meridian, Idaho 83642
Phone: 208.884.5533
C,-/(fE ID�
Built for Business,Designed for Living
1
Item#10.
All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law,
in regards to both release and retention,and may be released upon request,unless exempt from disclosure by law.
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