Lavender Place Subdivision CUP-2022-0036 Findings CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN:---
AND DECISION&ORDER i
In the Matter of the Request for Preliminary Plat consisting of four(4)single-family attached
building lots and 26 single-family townhome lots on approximately 3.79 acres of land in the existing
R-40 zoning district; Conditional Use Permit to construct 26 townhome lots within the R-40 zoning
district; Private Street application for proposed single-family development requiring administrative
approval only,by Breckon Land Design on behalf of LH Development,LLC.
Case No(s).H-2022-0036
For the City Council Hearing Date of. September 6,2022 (Findings on September 13,2022)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of September 6, 2022, incorporated
by reference)
2. Process Facts(see attached Staff Report for the hearing date of September 6,2022, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of September 6,
2022, incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of September 6,2022,incorporated by reference)
B. Conclusions of Law
1. 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(I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified as
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by
ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian,
which was adopted December 17,2019,Resolution No. 19-2179 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 comment(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
Community Development Department,the Public Works Department and any affected party
requesting notice.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Lavender Place Subdivision—FILE#H-2022-0036)
- 1 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of September 6,2022,incorporated by reference. The conditions are concluded to be
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 Preliminary Plat and Conditional Use Permit is hereby approved per
the conditions of approval in the Staff Report for the hearing date of September 6,2022,
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 11-613-7A).
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 I 1-613-713).
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 1I-
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
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Lavender Place Subdivision—FILE#H-2022-0036)
-2-
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
City Code Title I I(UDC 11-5B-6F).
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 67-6511A. 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. Judicial Review
Pursuant to Idaho Code § 67-652 1(1)(d),if this final decision concerns a matter enumerated in Idaho
Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight
(28)days after all remedies have been exhausted, including requesting reconsideration of this final
decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as
provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of
Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA.
F. Notice of Right to Regulatory Takings Analysis
Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the
subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory
takings analysis.
G. Attached: Staff Report for the hearing date of September 6,2022.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Lavender Place Subdivision—FILE#H-2022-0036)
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By action of the City Council at its regular meeting held on the 13th day of September
2022.
COUNCIL PRESIDENT BRAD HOAGLUN VOTED
COUNCIL VICE PRESIDENT JOE BORTON VOTED
COUNCIL MEMBER JESSICA PERREAULT VOTED
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER TREG BERNT VOTED
COUNCIL MEMBER LIZ STRADER VOTED
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. Simison 9-13-2022
Attest:
Chris Johnson 9-13-2022
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: 9-13-2022
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Lavender Place Subdivision—FILE#H-2022-0036)
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EXHIBIT A
STAFF REPORTC� fE COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT I D A H O
HEARING 9/6/2022
Legend
DATE: 0
P,Prciect Location
TO: Mayor&City Council ���
FROM: Joe Dodson,Associate Planner
208-884-5533
SUBJECT: H-2022-0036
Lavender Place Subdivision
LOCATION: The site is located at 2160 E. Lake Hazel
Road, approximately 1/4 mile east of S.
Locust Grove on the north side of Lake
Hazel,in the SE 1/4 of SW 1/4 of Section,'r' ;
32,Township 3N, Range lE.
_,
I. PROJECT DESCRIPTION
• Preliminary Plat consisting of four(4) single-family attached building lots and 26 single-family
townhome lots on approximately 3.79 acres of land in the existing R-40 zoning district;
• Conditional Use Permit to construct 26 townhome lots within the R-40 zoning district;
• Private Street application for proposed single-family development requiring administrative
approval only,by Breckon Land Design on behalf of LH Development,LLC.
NOTE: Application also includes three(3)Alternative Compliance requests,discussed in
subsequent sections of the staff report.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 3.79 acres
Future Land Use Designation Medium-High Density Residential 8-12 du/ac
Existing Land Uses Vacant land
Proposed Land Use(s) Attached Single-family Residential and Townhome
Residential
Lots #and type;bldg./common) 26 townhome lots and four 4 single-family attached lots.
Number of Residential Units 30 residential units
Density Gross—7.92 du/ac
Open Space(acres,total Open Space was approved as part of previous Lavender
[%]/buffer/ ualified) Heights approvals
Amenity Seating area.
Page 1
Description Details Page
Physical Features(waterways, Farr Lateral is adjacent to the site along the entire north
hazards,flood plain,hillside) boundary.
Neighborhood meeting date;#of March 2,2022—No attendees
attendees:
History(previous approvals) H-2020-0004(Lavender Heights Sub.,AZ,PP);H-2022-
0017(MDA)
B. Community Metrics
Description Details Page
Ada County Highway District
• Staff report(yes/no) Yes
• Requires ACHD No
Commission Action
es/no
• Traffic Impact Study No
es/no
Access No direct access to Lake Hazel.
(Arterial/Collectors/State Access is proposed via a new private street connection to S. Bloomerang
Hwy/Local)(Existing and Avenue,an existing collector street abutting the west property boundary.
Proposed)
Stub No stub streets are proposed or required as there are no existing stub streets.
Street/Interconnectivity/Cross
Access
Existing Road Network Lake Hazel and Bloomerang are existing public streets.
Existing Arterial Sidewalks/ Through previous approvals(H-2020-0004),arterial sidewalks and buffer
Buffers have been constructed.
Proposed Road New private street for access to all proposed lots.
Improvements
Fire Service
• Distance to Fire 4.1 miles from Fire Station#4(Approximately 600 feet from approved fire
Station station#7 on Lake Hazel; response time will fall within the 5-minute
response time goal area).
• Fire Response Time Project currently does not reside within the Meridian Fire 5-minute response
time goal area.
• Resource Reliability Fire Station#4 reliability is 77%(below the goal of 80%)
• Risk Identification Risk Factor 2—Residential with hazards(open waterway—Farr Lateral)
• Accessibility • Proposed project meets all required road widths,access,and turnaround
dimensions.
Police Service No Comment
Wastewater
• Distance to Sewer N/A
Services
• Sewer Shed Black Cat Trunkshed
• Estimated Project See application
Sewer ERU's
• WRRF Declining
Balance
• Project Consistent Yes
with WW Master
Plan/Facility Plan
Page 2
Description Details Page
• Impacts/Concerns • Flow is committed
• Sewer main and manhole must be centered along easement.
• Utility easement not listed on Declaration St. 30' easement is required
for sewer and water running in parallel.
Water
• Pressure Zone 5
• Estimated Project See application
Water ERU's
• Water Quality None
Concerns
• Project Consistent Yes
with Water Master
Plan
• Impacts/Concerns • Per the Pre-application notes applicant to connect to Lake Hazel Road in
addition to Bloomerang connection.Connect at the eastern side of the
site.
• Max length for one-inch lines feeding two lots is 80' from main to water
meter vaults. Service to lot 19 and 20 appear longer than 80.Address if
line is one-inch.
• 20'easement needed up water meter vault and past as space allows.
Page 3
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IV. NOTICING
Planning& Zoning City Council
Posting Date Posting Date
Newspaper Notification 7/5/2022 8/21/2022
Radius notification mailed to
properties within 500 feet 6/30/2022 8/18/2022
Site Posting 7/22/2022 8/24/2022
Nextdoor posting 6/30/2022 8/18/2022
V. STAFF ANALYSIS
A. Future Land Use Map Designation(https:llwww.meridiancitE.or /g compplan)
Medium-High Density Residential(MHDR)—This designation allows for a mix of dwelling
types including townhouses, condominiums, and apartments. Residential gross densities should
range from 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.
Lavender Place subdivision is approximately 3.8 acres and was annexed into the City in 2020 as
part of Lavender Heights Subdivision.As part of this annexation, the subject site was approved
with the R-40 zoning district and was anticipated for a future multi family development. Since
these approvals, the Applicant has received a development agreement modification (H-2022-
0017) to change the presumed land use on the subject site from multi family to single-family
attached and single-family townhome units.In addition, the subject site and its future use does
not require a minimum amount of open space and amenities because it is part of the Lavender
Heights development and will share the approved open space and amenity package with the rest
of the residents. However, the Applicant is proposing a plaza area with seating to provide an
amenity within this specific area of the project. Further, the Applicant is proposing the project to
be largely "alley"loaded with all but two of the proposed units fronting on green space to
comply with the Private Street applicability standards;subsequently, multiple detached sidewalks
are included for added pedestrian access through the site.
With the proposed plat of 30 residential units and requested land use of alley-loaded single-
family attached and townhome units, the Applicant is proposing its densest product(almost 8
units per acre) along Lake Hazel and introducing a new housing type to the overall Lavender
Heights development. Both of these factors help the proposed project further comply with the
MHDR future land use designation and the comprehensive plan overall.In addition, the proposed
placement and site design offer great pedestrian connectivity to the nearby Discovery Park
(across the street) to the south and to the remaining open space and amenities within Lavender
Heights.According to the submitted conceptual elevations, the Applicant is proposing to
construct the homes within this project of similar style to those within the parent development,
Lavender Heights. This furthers Staffs belief that the proposed Lavender Place Subdivision
complies with the comprehensive plan and previous approvals.
B. Comprehensive Plan Policies(https:llwww.meridianciV.or /g comQplan):
The applicable Comprehensive Plan policies are cited below with Staff analysis in italics.
Page 5
"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).As discussed above, the
subject project is proposed with a housing type not seen within the parent development of
Lavender Heights nor within nearby developments. Staff finds the addition of single-family
townhomes and single-family attached units add to the diversity of housing available in this area
of the City.
"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 due to the Lavender Heights development currently under
construction to the north. The abutting public roadways are constructed to their full widths at this
time(Lake Hazel is planned for widening in the future)with additional right-of-way dedicated
with previous applications. This project does not currently lay within the Fire Department
response time goal of 5-minutes but will once Fire Station 7 is constructed and staffed directly
south of the property, anticipated in late Summer 2023. Further, the proposed project meets all
Fire required turnarounds, road widths, and meets the maximum number of units allowed off of a
singular access, 30 homes. West Ada School District has not made comments on this application
but an additional 30 homes are expected to generate approximately 24 school aged children.
Staff finds that the existing and planned development of the immediate area create conditions for
levels of service to and for this proposed project that meet code requirements.
"Preserve,protect, and provide open space for recreation,conservation, and aesthetics"
(4.05.01F). The subject property is less than 5 acres in size so code does not require a minimum
amount of open space. Furthermore, the subject property is already annexed into the City and is
part of a larger development(Lavender Heights) that contains open space and amenities in
excess of code requirements at the time of approval. The Applicant is proposing a relatively small
area of open space in this project in the form of a plaza with benches for seating and includes
other accessory landscape areas in the project for aesthetics and quality of life. Because the
subject project will be part of the overall Lavender Heights HOA and is proposed with easy
access to a multi-use pathway segment and open space directly to the north, Stafffinds the
subject site provides appropriate open space for the proposed project in the larger context of the
development and the immediate area.
"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 is located between
E. Lake Hazel Road, an arterial street, and the Farr Lateral that is proposed with a segment of
multi-use pathway previously approved with the Lavender Heights development to the north. The
previous approvals included approximately 7 acres of usable open space that interconnects with
internal sidewalks and a large multi-use pathway segment throughout the development; the
subject project continues this design element while introducing a new housing type to the area. In
addition, the proposed development will continue to preserve opportunities for residents to get to
Discovery Park;Discovery Park lies across E. Lake Hazel Road, directly south of this project.
Staff is recommending slight modifications to the plat to accommodate a more direct path north-
south through the site to allow for even easier, more direct access to the park.
"Require pedestrian access in all new development to link subdivisions together and
promote neighborhood connectivity." (2.02.011)). The proposed project includes multiple
detached sidewalks and micro paths throughout the site and fronts nearly half of the units
towards a new segment of multi-use pathway offering ample pedestrian facilities that connect to
the adjacent parent subdivision to the north, Lavender Heights, and to the arterial sidewalk along
Lake Hazel. Staff finds the proposed site design and proposed pedestrian facilities will link the
Page 6
project to existing and planned development in the area, specifically to Lavender Heights to the
north and Discovery Park to the south.
"Permit new development only where it can be adequately served by critical public facilities
and urban services at the time of final approval, and in accord with any adopted levels of
service for public facilities and services." (3.03.03F). Urban services include services and uses
beyond that of utilities and emergency response;gas stations, grocery stores,public parks, and
other retail/office uses are essential for a good quality of life. The subject site is relatively far
removed from commercial services at this time but the new Albertson's grocery store
approximately 1 and a half miles to the northeast and planned commercial approximately % mile
to the west will help fill the urban services gap currently existing in this area of the City.
Furthermore, the City's soon-to-be largest public park is located directly south of the subject site,
Discovery Park. Therefore, despite commercial services not currently being within walking
distance of the subject site, Staff finds the planned development in vicinity of the project site
constitutes adequate urban services for this project.In addition, Lavender Place Subdivision is
an extension of the already under construction Lavender Heights Subdivision to the north and is
adjacent to multiple other developments in this area of the City. These facts further Staffs belief
the subject site will be adequately served by public and urban services in the near-term future.
Staff finds this development to be generally consistent with the Comprehensive Plan, as
discussed throughout the above sections and comprehensive plan policies.
C. Existing Structures/Site Improvements:
There are no existing structures on the subject site. However, a segment of the Farr Lateral lays
within the subject site and runs along the entire north boundary. This waterway is proposed to
remain open and was previously approved to do so.
D. Proposed Use Analysis:
The proposed uses within this project are all residential—single-family attached(2 units
connected) and single-family townhomes (3 or more attached units). The proposed single-family
attached residential use is a permitted use within the existing R-40 zoning district but the
proposed townhouse dwellings require Conditional Use Permit(CUP) approval within the R-40
zoning district,per UDC Table 11-2A-2. The Applicant has submitted a CUP with the
preliminary plat application for this purpose. The submitted Lavender Place plat is proposed to be
constructed in one(1)phase but is essentially phase 4 of the parent development, Lavender
Heights Subdivision.
Staff supports the residential uses proposed within the Lavender Place Subdivision because they
help the project meet the minimum density requirements of the overall Lavender Heights project
and will add two additional housing types to this project and to the immediate area. This is
supported by our comprehensive plan as discussed above. Therefore, Staff recommends approval
of the subject CUP request for townhomes within the existing R-40 zoning district. The required
findings can be found in Section IX at the end of this report.
E. Dimensional Standards(UDC 11-2):
The submitted preliminary plat is proposed within existing R-40 zoning district area and requires
compliance with the dimensional standards within UDC Table 11-2A-8. Specifically,the plat
should depict compliance with the minimum lot size requirement of 1,000 square feet. Because
home placement on the building lot is not yet known at the time of preliminary plat submittal,
setbacks cannot generally be reviewed at this time. However,per the submitted plat,the
Applicant is showing the building envelope on each lot including the proposed zero lot-lines for
the attached units. In addition, all subdivision developments are also required to comply with
Page 7
Subdivision Design and Improvement Standards (UDC 11-6C-3).
The proposed preliminary plat and submitted plans appear to meet all UDC requirements of the
R-40 zoning district including minimum building lot size and building setbacks based on the
depicted building envelopes shown. Further, the submitted plat appears to meet all UDC
standards outlined in UDC 11-6C-3 except for the Common Drive standards and the maximum
length allowed for a dead-end street. The Applicant is requesting Alternative Compliance to the
common drive standards—Staff analysis on this is in the below Access section (Section V.G).
In addition, the Applicant requires Council approval for the proposed dead end street that
exceeds 500 linear feet but is less than 750 feet(approximately 680 linear feet),per UDC 11-6C-
3B.4b. Per the allowances noted within this code section, Staff recommends approval of the
proposed street length as there is no opportunity for connectivity to the north due to the Farr
Lateral abutting the entire north boundary and because staff does not support an additional
access to Lake Hazel to the south, an arterial street.
F. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual):
The Applicant submitted conceptual building elevations for the proposed residential dwellings.
Note that attached single-family and townhomes require Design Review approval before building
permit submittal. Therefore, Staff will review each set of elevations for compliance with the
single-family residential architectural standards. Staff recommends the Design Review
application be submitted with the final plat application.
The submitted elevations depict two-story homes with two-car garages for each unit.As discussed
above, the proposed homes are "alley"loaded and therefore have the garage facades facing the
internal private street and the pedestrian access for each home entrance faces green spaces
throughout the site. The elevations depict varying color choices with lap siding as the main field
material and varying accent materials including stone and architectural wood material(see snip
below).
G. Access(UDC 11-3A-3, 11-3H-4):
Access to Lavender Place is proposed via construction of a new private street(depicted as E.
Declaration Street)that connects to S. Bloomerang Avenue(a collector street)at the west
property boundary. The private street is proposed at a width of 25 feet measured to the back of
the rolled curb,with no sidewalk. Private streets are governed by the standards outlined in UDC
11-3F-4 and the findings in UDC 11-3F-5. Further,vehicular access to each residential building
lot is proposed from this private street and provides 5' of concrete beyond the edge of the private
Page 8
street to delineate the driving surface from the building lots.NOTE: Two of the homes are
depicted with driveways at least 20 feet in depth and width per code and two are shown with
driveways less than 20 feet deep but deeper than 5 feet.More analysis on this is below.
According to the submitted plat, the proposed private street complies with all UDC standards
except for the common lot requirement and the prohibition that a common drive takes access
from the private street.According to submitted plat, the Applicant has noted the private street is
on a common lot(Lot 2, Block 11) but this common lot encompasses other common area as well.
UDC 11-3F-4A requires the private street be on its on singular common lot. Therefore, the
Applicant is required to revise the plat to add an additional common lot solely for the private
street.
The Applicant is requesting Alternative Compliance (ALT) to the Private Street standard that
prohibits a common drive taking access from the private street, as allowed per UDC 11-5B-5B.
In order to meet the City's desired density in this area and within the Lavender Heights overall
development, the Applicant is proposing a common drive off of the private street to serve 4
building lots on its west side. Further, the Applicant is proposing 3 off-street parking spaces at
the end of the common drive. Staff supports the inclusion of the common drive within this
development to allow additional building lots that increase the overall gross density as
envisioned by the Comprehensive Plan and to meet the minimum number of units required within
the existing Development Agreement. Therefore, Staff supports the Applicant's Alternative
Compliance request to the UDC 11-3F-4A.6 standard. See the required findings in Section IX
below.
However, Staff does have concerns with the placement and design of the driveways for Lots 32
and 33. Due to the design of the private street, both of these driveways are deeper than 5 feet
(minimum garage alley setback) but are not 20 feet deep to accommodate an off-street parking
space. Staff is concerned these sub-standard driveways will encourage residents to park in these
areas and would prohibit safe vehicular movement on the private street near the entrance of the
project. Staff does not have a specific revision but wants to point out this probable conflict so the
Applicant can make revisions to the plat and design to mitigate this issue. With the submittal of
the final plat,provide an exhibit either showing that the distance between the face of garage and
the private street is 20'or 5'. Parking in front of a garage less than 20 feet deep is prohibited.
In addition to the ALT needed for the common drive off of a private street, an additional ALT
request is being made for an alternative to the common drive standards (UDC 11-6C-3D) to
allow four(4) lots to take access from the same side of the common drive where code allows only
three(3) lots.As shown on the submitted plat, the Applicant has proposed 4 lots to take access
from the west side of the common drive and a 4 plex building directly east of the common drive
that takes access from the private street. Staff finds it is feasible to modem the layout of the plat to
comply with the common drive standards but finds this would be more wasteful in the overall
layout of the proposed plat and would likely reduce the density within the project. Due to its
location and future land use designation of medium-high density residential, the City does not
envision a reduction in density along this Lake Hazel corridor. So, Staff finds the proposed site
design is an efficient use of the subject area and offers an equal means for meeting the common
drive standards. Further, Public Works does not have concerns with the common lot and conflicts
with services, which is one of the main reasons for this provision in code. See the required
findings in Section IX below.
H. Parking(UDC 11-3C):
Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-
3C-6 for single-family dwellings based on the number of bedrooms per unit. The Applicant has
submitted an Alternative Compliance request to these standards per their allowance in UDC 11-
Page 9
5B-5.
Per the submitted parking exhibit(see snip below), the Applicant is proposing to alternatively
comply with the off-street parking standards by providing 18 parking spaces that will be
designated for each specific unit. Each of the proposed residential units is shown with a 2-car
tuck under garage providing the required off-street parking for 2-bedroom homes and meets the
requirement of a 2-car garage for 3-bedroom units. However, due to the odd-shape of the parcel
that creates a constrained building area, the Applicant proposed private streets and an alley-
loaded product that does not readily allow for the required 20'by 20'parking pad for the nine
(9) 3 and 4-bedroom homes. The Applicant placed the parking spaces directly across the private
street from each unit to minimize the distance homeowners would have to traverse to access their
additional parking spaces. In addition to the 18 parking spaces designated for the residents, the
Applicant is also showing 7 additional guest parking spaces. NOTE:Parking is prohibited on the
private street as well as along Lake Hazel and Bloomerang, the collector street where the private
street takes access from. f
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Staff finds the proposed alternative as one option to meet the intent of the off-street parking
requirements when accounting for the required density of the existing Development Agreement,
site constraints, and limited access for the site. However, upon further review,Staff is
recommending a modification to the ALT request.Staff recommends one parking space is
allocated for each 3 or 4-bedroom unit instead of two spaces.It is difficult to predict the
number of cars each unit will produce so Staff finds it more prudent to offer additional spaces
for the entire development and not just the units with more bedrooms. Staffs recommendation
would increase the number of guest spaces from seven (7) up to 16 spaces which should allow
for more appropriate flexibility in their use for future residents and guests of this development.
An additional option,should Commission or Council find the amount of off-street parking is
not adequate overall, is to limit the number of units containing 3 or 4 bedrooms as a plat
condition. Staff's Alternative Compliance findings for this request are below in Section IX at the
end of this report.
I. Sidewalks(UDC 11-3A-17) &Pathways(UDC 11-3A-8):
5-foot wide detached sidewalks are proposed throughout the development that provide the main
Page 10
pedestrian access for all of the building lots. In addition,the project includes the final 750 feet of
multi-use pathway conceptually approved with the Lavender Heights development that runs along
the north of the project and provides pedestrian access for half of the proposed units. As part of
the previous approvals,there is an existing 5-foot wide pathway connection from this property to
the north that crosses the Farr Lateral via a pedestrian bridge and provides interconnectivity
between Lavender Heights phase one and the proposed Lavender Place subdivision. This 5-foot
pathway connects to the multi-use pathway segment and leads into a 20' wide paved area near the
north portion of the site that is required as access for the public sewer main(see blue marked area
below). The proposed sidewalks and multi-use pathway meet UDC standards and comply with
previous approvals of this site.
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Because of the clear north-south connection from the subject site to the open space within phase
I to the north over the pedestrian bridge and the sewer easement, Stafffinds it applicable to help
maintain this north-south movement. With the proposed design, two 4 plex buildings impede this
natural pedestrian flow and no additional sidewalks are shown to help connect this noted area to
the sidewalk along Lake Hazel. As depicted in red above, Staff is recommending a new 5-foot
wide micro path is located between Lots 24 and 25, Block 11 (the two 4 plex buildings shown
along Lake Hazel) and for the Applicant to add an additional sidewalk segment around the plaza
to for better pedestrian connectivity—Staff is open to more than one design to accomplish the
goal of increasing pedestrian connectivity in this area. The new common lot need only be 10 feet
Page 11
wide to accommodate the 5-foot micro path and approximately 2.5 feet of landscaping on each
side; Staff does not find it necessary to provide a tree along this new micro path lot for shade as
its purpose is simply to be a cut-through between the two buildings where no other convenient
north-south pedestrian access currently exists. This appears to be possible by shifting the eastern
4 plex 10 feet to the east and closer to the guest parking spaces (building would be approximately
8 feet from parking space instead of 18 feet). Staff will work with the Applicant to determine the
best possible design for this recommendation.
J. Landscaping(UDC 11-3B):
The required landscaping regulated by code within the proposed development is landscaping
along the multi-use pathway segment(UDC 11-3B-12). The required street buffers to Lake Hazel
(arterial)and S. Bloomerang(collector)were constructed with phase 1 of the Lavender Heights
Subdivision. The submitted landscape plans do not show landscaping along the pathway as this
was shown on the previously approved plans for Lavender Heights. Because the subject plat
contains this pathway within its property boundary,the Applicant should revise the landscape
plans to depict the existing/proposed landscaping along the multi-use pathway to ensure code
compliance.
The Applicant is proposing a number of trees and landscape beds within the development to offer
shade and additional aesthetics to the development. This includes shrubs and other vegetative
ground cover within landscape beds along the perimeter of the building lots and trees around the
proposed plaza area and adjacent to the proposed parking spaces. In accord with Staffs
recommended revision to the plat to include an additional north-south micro path between Lots
24 and 25, Block 11, the Applicant should add some shrubs and vegetative ground cover adjacent
to this new micro path. With the final plat application, the Applicant should make these revisions.
K. Qualified Open Space and Amenities(UDC 11-3U):
The subject plat is less than 5 acres(approximately 3.8 acres) so no minimum open space or
amenities are technically required in order to comply with City Code. Despite not being required,
the Applicant is proposing a plaza area along the southern property boundary that includes two
benches and a picnic table to add an amenity within this project area.Furthermore, future
residents of this plat will be part of the larger Lavender Heights Subdivision HOA currently under
development to the north and will share in the approved open space and amenities of the larger
project(approximately 7.7 acres of open space,multi-use pathway segment, and a swimming
pool). In addition,the subject site is directly north of the City's Discovery Park that is currently
constructing phase 2 of its planned development and will contain a total of approximately 70
acres of public park and amenity space.
Staff finds the proposed and planned open space and amenities of the Lavender Place and
Lavender Heights Subdivisions and the adjacent Discovery Park provide adequate open space
and amenities for aesthetic and recreational opportunities.
L. Fencing(UDC 11-3A-6, 11-3A-7):
All fencing is required to comply with the standards listed in UDC 11-3A-7. 4-foot steel tube
fencing is proposed as shown on the landscape plan and appears to meet UDC standards.No
fencing is shown on the submitted landscape plans within the Farr Lateral easement area.
M. Waterways(UDC 11-3A-6):
The subject site contains a segment of the Farr Lateral,an irrigation lateral maintained by Boise
Project Board of Control(BPBC). Through the previous Lavender Heights Subdivision
approvals,the Applicant was allowed to keep this waterway open and was required to construct a
Page 12
10-foot multi-use pathway along its length for a regional pathway connection through this area of
the City. With the subject plat and proposed development,the waterway is still proposed to
remain open and the multi-use pathway will be installed per the original approvals for this site.
Any proposed fencing will have to comply with those standards outlined in UDC 11-3A-6& 1I-
3A-7.
N. Pressurized Irrigation(UDC 11-3A-15):
The Applicant is required to provide a pressurized irrigation system for the development in
accord with 11-3A-15. Land Development will review pressurized irrigation plans in more detail
when specific plans are submitted with the future Final Plat application.
VI. DECISION
A. Staff:
Staff recommends approval of the requested Preliminary Plat and Conditional Use Permit per the
Findings in Section IX of this staff report. The Director and Staff have approved the requested
administrative applications associated with this project(Private Streets and Alternative
Compliance requests).
B. The Meridian Planning&Zoning Commission heard these items on August 4,2022.At the
public hearing,the Commission moved to recommend approval of the subject Preliminary Plat
and Conditional Use Permit requests.
1. Summary of Commission public hearing_
a. In favor: Jon Breckon,Applicant Representative; Taylor Merrill,Applicant.
b. In opposition:None
c. Commenting: Jon Breckon; Taylor Merrill;
d. Written testimony: None
e. Staff presenting application: Joseph Dodson,Associate Planner
f. Other Staff commenting on application: Bill Parsons,Planning Supervisor
2. Key issue(s) public testimony
a. Applicant—desire for project to be approved as conditioned by Staff and for
Commission to keep 3-bedroom units and parking alternative as proposed.
3. Key issue(s)of discussion by Commission:
a. Parking Alternative and whether units should be limited to 2-bedroom throughout the
entire site due to parking constraints of private street and adjacent public roads;
b. Safe access to Discovery Park due to location being so close to park;
c. Concept of trash service with proposed private street and design;
4. Commission change(s)to Staff recommendation:
a. Remove parking in hammerhead turnaround;
b. Limit all units to no more than 2-bedrooms to help with parking and increase guest
parking;
5. Outstandingissue(s)ssue(s) for City Council:
a. Applicant has not removed parking in hammerhead in an effort to keep 3 additional
guest parking spaces;
b. Applicant has revised parking exhibit per Staffs revised Alternative Compliance
approval but requests to strike Commission's added condition regarding number
of bedrooms per unit—Applicant has alternatively proposed to limit noted units to
no more than 3-bedrooms and essentially provide I space per bedroom.
C. The Meridian Citv Council heard these items on September 6,2022.At the public hearing.the
Council moved to approve the subject Preliminary Plat and Conditional Use Permit requests:the
Page 13
Private Street and Alternative Compliance requests were approved by the Director.
1. Summary of the City Council Public hearing=:
a. In favor: Taylor Merrill,Developer:Jon Breckon,Applicant Representative.
b. In opposition: None
C. Commenting: Jon Breckon: Todd McDermott,neighbor.
d. Written testimony: David Palumbo (Boise resident)—noted overarching concerns with
Meridian development around Amity Road and South Meridian(not specific to this
project)and notes a lack of planning foresight in South Meridian overall.
e. Staff Presenting application: Joseph Dodson,Associate Planner
£ Other Staff commenting on application: Bill Nary, City Attorney
2. Key issue(s)of public testimony:
a. Support for the project due to its design and housing type.
3. Key issue(s)of discussion by City Council:
a. Parking Alternative and whether Commission recommendation should be upheld to limit
number of bedrooms throughout the entire site due to parking constraints of private
street and adjacent public roads;
b. Private Street design with Common Driveway and overall width of road in relation to
potential delivery trucks,large trucks etc.
c. Process of reserving noted spots for residents Per Parking Exhibit and ALT request.
4. City Council change(s)to Commission recommendation:
a. Strike condition limiting bedroom count and comply with Staff s recommended ALT
provision.
Page 14
VII. EXHIBITS
A. Preliminary Plat Legal Description and Exhibit Map
LAVENDER PLACE SUBDIVISION
PRELIMINARY PLAT - EXHIBIT
LOCATED IN THESE 1/4 OF THE SW 1/4 OF SECTION 32,T.3N., RAE., B.M.
CITY OF MERIDIAN,ADA COUNTY, IDAHO
W 1/4
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31 32 S89'57 01 E 78.00' _ - S8958'24"E 1331,96
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CURVE # LENGTH RADIUS DELTA BEARING CHORD La Of utlon
C1 21-65' 190-00' 6'31'41" N3'25'42"W 21-64' Land surveying and Consulting
C2 16.41' 144.00' 6'31'41" N3'25'42"W 16.40' 23t E_ I N sr, 3 a
MERIDIAN,ID 83642
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Page 15
Legal Description
Lavender Place Subdivision — Preliminary Plat
A parcel of land located in the SE '/2 of the SW'/4 of Section 32,Township 3 North, Range 1
East, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as
follows:
Commencing at an Aluminum Cap monument marking the southwest corner of the SW'/4 of
said Section 32, from which an Aluminum cap monument marking the northwest corner of
said SW%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 5/8 inch iron pin monument marking the southwest corner of the SE '/4 of said SW%-,
Thence N 0°09'52"W along the westerly boundary of said SE %of the SW%a distance of
75.00 feet to a point;
Thence leaving said boundary S 89°58'24"E a distance of 78.00 feet to an angle point on the
southeasterly boundary of Lavender Heights Subdivision No. 1, as shown in Book 122 of
Plats on Pages 19137-19140, records of Ada County, Idaho being the POINT OF
BEGINNING;
Thence along the boundary of said Lavender Heights Subdivision No. 1 the following courses
and distances:
Thence N 0°09'52"W a distance of 86.95 feet to a point of curvature;
Thence a distance of 21.65 feet along the arc of a 190.00 foot radius curve left, said
curve having a central angle of 6°31'41" and a long chord bearing N 3°25'42" W a
distance of 21.64 feet to a point of tangency;
Thence N 6°41'33"W a distance of 139.28 feet to a point of curvature;
Thence a distance of 16.41 feet along the arc of a 144.00 foot radius curve right, said
curve having a central angle of 6°31'41" and a long chord bearing N 3°25'42" W a
distance of 16.40 feet to a point of tangency;
Thence N 0°09'52"W a distance of 72.23 feet to a point;
Thence S 70°56'08" E a distance of 107.09 feet to a point;
Thence continuing along the boundary of said Lavender Heights Subdivision No. 1 and
extending along the boundary of Lavender Heights Subdivision No. 2, as shown in Book 122
of Plats on Pages 19344-19346, records of Ada County, Idaho S 75°33'08" E a distance of
634.36 feet to an angle point on the westerly boundary of said Lavender Heights Subdivision
No. 2;
Lzil' d 01tit olls Lavender Place Subdivision
L d Surveying anc consmnng Preliminary Plat
Jab No.17-55
Page 1 of 2
Page 16
Thence continuing along the boundary of said Lavender Heights Subdivision No. 2 and
extending along the boundary of said Lavender Heights Subdivision No. 1 S 0°01'36" W a
distance of 142.55 feet to an angle point on the boundary of said Lavender Heights
Subdivision No. 1;
Thence along the boundary of said Lavender Heights Subdivision No. 1 N 89°58'24" W a
distance of 696.48 feet to the POINT OF BEGINNING.
This parcel contains 3.79 acres more or less.
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Page 2 of 2
Page 17
B. Preliminary Plat(dated: 3,130/2022 8/19/2022)
LAVENDER PLACE SUBDIVISION-2022 PRELIMINARY PLAT
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EXISTING PARK fill
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2160 E.LAKE HAZEL ROAD
MERIDIAN,IDAHO 83642 _
Page 19
C. Landscape Plans(date: Z/30/2022 8/22/2022)
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Page 21
D. REVISED Parking Exhibit(NOT APPROVED):
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Page 22
BuildingE. Conceptual
VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
1. The preliminary plat included in Section VII.B, dated Nlafeh 30 August 19, 2022, shall be
revised as follows prior to Final Plat submittal the Gi4y Couneil heat r •
11 a*d an additional sidewalk e 4-4-44-pereii-A-4-4-4-we—ar-the plaza area for-added pedestir-i
eEmneetivity through the pr-qjeet to the existing after-ial sidewalk aleng E. Lake 14
Read,per-the a*alysis in Seetion N1.1.
b. Add an additional common lot solely for the proposed private street per UDC 11-3F-
4A and revise plat note#8 to reflect the new common lot.
e. Revise the plaeemen4 and desip of the driveways for-Lots 32 and 33,Bleek 11
f., gar-age loss than 20 feet deep; prohibited.
open pafk4fig spaee per-3 of 4 bedr-eem unit ifistead of�wo (2) eensisteat with St
analysis in See6on N1.14.
e. Revise the Wat to remove the par-kifif_t shwA%-within the hammer-head tumafeupA"4
2. The landscape plan included in Section VII.C,dated Mafeh 30August 22,2022,is approved
as submitted. shall be ro oa as follows Prior-to the City r,.une l heaning-
a.
Devise the!a-a 1s.ape,-.la to mate the pla4 revisions fieted i VIII A 1 abE)Ve
•
3. Futufe hemes within this develei3meat shall eepAaia no mefe than 2 bedr-eems i3er-r-esidenfiai
4. City Council approved the submitted preliminary plat with a dead end street greater than 500
feet in length(approximately 680 feet),per provisions in UDC 11-6C-3B.4b.
5. Future development shall be consistent with the previous approvals of the subject site: H-
2020-0009 (Lavender Heights Subdivision), DA Inst. #2020-106343; and H-2022-0017
(MDA).
6. Future development shall be consistent with the minimum dimensional standards listed in
UDC 11-2A-8 for the R-40 zoning district.
7. Off-street parking is required to be provided in accord with the standards listed in UDC Table
11-3C-6 for single-family dwellings based on the number of bedrooms per unit except for
those lots noted within the approved Alternative Compliance request and the attached parking
exhibit(Exhibit VII.D); said exhibit shall be strictly adhered to by the Developer/Applicant
and shall work with Staff to provide proof that each designated parking space is adequately
delineated for each noted unit AND that there is a process in place for future residents to have
anyone towed should someone park in a designated spot without permission.
8. The Applicant shall comply with all ACHD conditions of approval.
Page 24
9. Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-
3A-15,UDC 11-313-6 and MCC 9-1-28.
10. Prior to the first Final Plat submittal,the Applicant shall obtain Administrative Design
Review(DES)approval for the single-family attached and single-family townhomes in this
development.
11. Prior to signature on a final plat,the applicant shall submit a public access easement for the
multi-use pathway segment along the Farr Lateral to the Planning Division for approval by
City Council and subsequent recordation. The easement shall be a minimum of 14' in width
(10' pathway and 2' shoulder on each side).
12. Upon completion of the landscape installation, a written Certificate of Completion shall be
submitted to the Planning Division verifying all landscape improvements are in substantial
compliance with the approved landscape plan as set forth in UDC 11-3B-14.
13. The preliminary plat approval shall become null and void if the applicant fails to either: 1)
obtain the City Engineer signature on a final plat within two years of the date of the approved
findings; or 2) obtain approval of a time extension as set forth in UDC 11-6B-7.
B. PUBLIC WORKS
1. Site Specific Conditions of Approval
1.1 Flow is committed.
1.2 Sewer main and manhole must be centered along easement.
1.3 Utility easement not listed on Declaration St. 30'easement required for sewer and water
running in parallel.
1.4 Per the Pre-application notes, applicant is required to connect to Lake Hazel Road in
addition to Bloomerang connection. Connect at the eastern side of the site.
1.5 20'easement needed up to water meter vault and past, as space allows.
1.6 Due to E. Declaration St being private, streetlighting will be up to the developer.
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
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 alternate 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
Page 25
the easement(marked EXHIBIT A) and an 81/2"x I I"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 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.
2.5 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 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-
1207 and any other applicable law or regulation.
2.7 Any 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.
2.8 Any existing septic systems within this project shall be removed from service per City
Ordinance Section 9-1-4 and 9 4 8. 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 permits.
2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted
fencing, landscaping, amenities,etc.,prior to signature on the final plat.
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 11-5C-3B.
2.12 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.
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
Page 26
Permitting that may be required by the Army Corps of Engineers.
2.15 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 backfill,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.
2.19 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.
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.
2.21 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.
2.22 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.
C. FIRE DEPARTMENT
https:llweblink.meridianciV.orglWebLink/DocView.aspx?id=265660&dbid=0&repo=MeridianC
hty
D. BOISE PROJECT BOARD OF CONTROL(BPBC)
https:llweblink.meridianciV.orglWebLink/DocView.aspx?id=266645&dbid=0&repo=MeridianC
hty
E. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https:llweblink.meridianciU.oL-glWebLinkIDocView.aspx?id=266650&dbid=0&repo=MeridianC
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Lty
IX. FINDINGS
A. Preliminary Plat Findings:
In consideration of a preliminary plat,combined preliminary and final plat,or short plat,
the decision-making body shall make the following findings:
1. The plat is in conformance with the Comprehensive Plan;
City Council finds that the proposed plat is in substantial compliance with the adopted
Comprehensive Plan in regard to land use, density, transportation, and pedestrian
connectivity. (Please see Comprehensive Plan Policies in, Section V of this report for more
information)
2. Public services are available or can be made available and are adequate to accommodate
the proposed development;
City Council finds that public services will be provided to the subject property 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 own cost, City Council finds that the subdivision will not require the expenditure of capital
improvement funds.
4. There is public financial capability of supporting services for the proposed development;
City Council finds there is public financial capability of supporting services for the proposed
development based upon comments from the public service providers(i.e.,Police,Fire,ACHD,
etc). (See Section Mfor more information)
5. The development will not be detrimental to the public health, safety or general welfare;
and,
City Council is not aware of any health, safety, or environmental problems associated with the
platting of this property. ACHD considers road safety issues in their analysis and has offered
their support of the proposed development with the proposed road layout in mind.
6. The development preserves significant natural,scenic or historic features.
City Council is unaware of any significant natural, scenic or historic features that exist on this
site that require preserving.
B. Conditional Use Permit findings:
The commission shall base its determination on the conditional use permit request upon the
following:
1. That the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the district in which the use is located.
City Council finds that the submitted site plan shows compliance with all dimensional and
development regulations in the R-40 zoning district in which it resides except for those noted
and required to be revised.
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2. That the proposed use will be harmonious with the Meridian comprehensive plan and in
accord with the requirements of this title.
City Council finds the proposed use of single family townhome residential is in accord with
the comprehensive plan designation of Medium-High Density Residential within the Meridian
Comprehensive Plan and the requirements of this title.
3. That the design,construction,operation and maintenance will be compatible with other
uses in the general neighborhood and with the existing or intended character of the
general vicinity and that such use will not adversely change the essential character of
the same area.
City Council finds the design, construction, and proposed operation and maintenance will be
compatible with other uses in the general neighborhood and should not adversely change the
essential character of the same area, if all conditions of approval are met.
4. That the proposed use,if it complies with all conditions of the approval imposed,will not
adversely affect other property in the vicinity.
City Council finds the proposed use, if it complies with all conditions of approval imposed,
will not adversely affect other property in the vicinity.
5. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets,schools,parks,police and fire protection,drainage
structures,refuse disposal,water,and sewer.
City Council finds the proposed use will be served adequately by essential public facilities
and services if all conditions of approval are met.
6. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
All public facilities and services are readily available for the subject site so City Council
finds that the proposed use will not be detrimental to the economic welfare of the community
or create excessive additional costs for public facilities and services.
7. That the proposed use will not involve activities or processes,materials,equipment and
conditions of operation that will be detrimental to any persons,property or the general
welfare by reason of excessive production of traffic,noise,smoke,fumes, glare or odors.
Although traffic will slightly increase in the vicinity with the approval of any additional
residential units, the proposed layout offers the best opportunity for safe circulation and
provides opportunity for a new housing type within this area of the City. Therefore, City
Council finds the proposed use will not be detrimental to any persons,property, or the
general welfare.
8. That the proposed use will not result in the destruction,loss or damage of a natural,
scenic or historic feature considered to be of major importance. (Ord. 05-1170, 8-30-
2005,eff.9-15-2005)
The Applicant is preserving the existing Farr Lateral along the north property boundary and
no other such features are known; therefore, City Council finds the proposed use should not
result in damage of any such features.
C. Private Street Findings:
In order to approve the application,the Director shall find the following:
1. The design of the private street meets the requirements of this Article;
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The design of the proposed private streets complies with the standards listed in UDC 11-3F-
4. See analysis in Section Vfor more information.
2. Granting approval of the private street would not cause damage hazard, or nuisance,or
other detriment to persons,property,or uses in the vicinity; and
Staff does not anticipate the proposed private street would cause any hazard, nuisance or
other detriment to persons,property or uses in the vicinity if the street is designed as
proposed and constructed in accord with the standards listed in UDC 11-3F-4B.
3. The use and location of the private street shall not conflict with the comprehensive plan
and/or the regional transportation plan.
The location of the private street does not conflict with the Comprehensive Plan and/or the
regional transportation plan as it is proposed to connect to a collector street consistent with
private street standards. With the constraints detailed and analyzed for this development, the
Director finds that local street access has been provided via a private street.
4. The proposed residential development(if applicable)is a mew or gated development.
Despite a literal mew not being proposed with the Lavender Place project, the proposed
residential development depicts all 30 units to front on green space meeting the intent of this
standard. If the conditions of approval are adhered to, the Director finds this development in
compliance with this finding.
D. Alternative Compliance findings (Common Drive standards UDC 11-6C-3D.1):
The Director has approved your request for alternative compliance to Unified Development Code
(UDC) 11-6C-3D.1 for the subject property,based on the required Findings listed in UDC 11-513-
5E, as follows:
1. Strict adherence or application of the requirements are not feasible; or
The Director finds it is feasible to meet the UDC requirement referenced above but it is not
the best use of the subject development area as discussed in Section V.G above.
2. The alternative compliance provides an equal or superior means for meeting the
requirements; and
The Director finds the Applicant's proposed alternative means of complying with the intent of
the UDC as proposed in the attached preliminary plat provides an equal means of meeting
the requirement.
3. The alternative means will not be materially detrimental to the public welfare or impair the
intended uses and character of surrounding properties.
The Director finds that the alternative means will not be materially detrimental to the public
welfare or impair the intended use and/or character of surrounding residential properties nor
the adjacent public roads.
E. Alternative Compliance findings (Private Street standards UDC 11-3174A.6):
The Director has approved your request for alternative compliance to Unified Development Code
(UDC) 11-3F-4A.6 for the subject property,based on the required Findings listed in UDC 11-513-
5E, as follows:
1. Strict adherence or application of the requirements are not feasible; or
The Director finds it is not feasible to meet the UDC requirement to not include a common
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drive off of a private street due to the existing requirements of the DA (minimum number of
units and only single-family residential)as discussed above in Section V.G above.
2. The alternative compliance provides an equal or superior means for meeting the
requirements; and
The Director finds the Applicant's proposed alternative means of complying with the intent of
the UDC as proposed in the attached preliminary plat provides an equal means of meeting
the requirement.
3. The alternative means will not be materially detrimental to the public welfare or impair the
intended uses and character of surrounding properties.
The Director finds that the alternative means will not be materially detrimental to the public
welfare or impair the intended use and/or character of surrounding residential properties nor
the adjacent public roads.
F. Alternative Compliance findings (Off-Street Parking standards UDC 11-3C-6A):
The Director has approved your request for alternative compliance to Unified Development Code
(UDC) 11-3C-6A for the subject property,based on the required Findings listed in UDC 11-5B-
5E, as follows:
1. Strict adherence or application of the requirements are not feasible; or
The Director finds it is feasible to meet the UDC requirement for the number of off-street
parking spaces if the Applicant was limited to no more than 2-bedroom homes for all units
taking access from the alley as noted. Staff is not recommending this but the Council may
require it.
2. The alternative compliance provides an equal or superior means for meeting the
requirements; and
Per the provisions outlined in code, the Director finds that Staffs revision to the Applicant's
proposed alternative compliance request is an equal or superior means for meeting the off-
street parking requirements as proposed on the preliminary plat and submitted parking
exhibit(Exhibit HID above).
3. The alternative means will not be materially detrimental to the public welfare or impair the
intended uses and character of surrounding properties.
The Director finds that the alternative means will not be materially detrimental to the public
welfare or impair the intended use and/or character of surrounding residential properties if
the proposed conditions of approval are maintained.
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