HomeMy WebLinkAboutZ - DA H-2023-0047 ADA COUNTY RECORDER Trent Tripple 2024-068940
BOISE IDAHO Pgs=40 BONNIE OBERBILLIG 12/04/2024 08:47 AM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Dawson Ranch LLC, Owner/Developer
3rd THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into;this
LLday of December , 2024,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,Dawson Ranch LLC,whose address is 6865 S.Pemberley P1.,Meridian, Idaho 83642,
hereinafter called OWNER/DEVELOPER
1. 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 fiill,
herein after referred to as the Property; and
1.2 WHEREAS,Idaho Code § 67-6511A provides that cities may, by ordinance,
require or permit as a condition of zoning that the Owner 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 11-5B=3 of the Unified Development Code("UDC"),which authorizes
development agreements upon the annexation and/or rezoning of land; and
1.4 WHEREAS,,Owner/Developer have submitted an application for annexation
and zoning of 16.25 acres of land with a request for the R-2 (Low-Density
Residential) zoning district on the property as shown in Exhibit"A"under the
Unified Development Code,which generally describes how the Property will
be developed andwhat improvements will be made; and
1.5 WHEREAS; Owner/Developer made representations at the public hearings
before Planning and Zoning Commission and the Meridian City Council as to
how the Property will be developed and what improvements will be made; and
1.6 WHEREAS,the record of the proceedings for requested rezoning held before
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 4th day of April, 2024, 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
DEVELOPMENT AGREEMENT-KEEP WEST SUBDIVISION(H-2023-0047) PAGE I OF 7
1.8 WHEREAS, the Findings require the Owner/Developer to enter into a
Development Agreement before the City Council takes final action on final
plat; and
1.9 WHEREAS, Owner/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/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 is in accordance
with the amended Comprehensive Plan of the City of Meridian on December
19, 2019, Resolution No. 19-2179, 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/DEVELOPER: means and refers to Dawson Ranch LLC, whose
address is 6865 S. Pemberley PI., Meridian, Idaho 83642, hereinafter called
OWNER/DEVELOPER, the party that owns and is developing said Property
and shall include any subsequent owner(s)/developer(s) of the Property.
3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in
the County of Ada, City of Meridian as in Exhibit "A" describing a parcel to
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.
DEVELOPMENT AGREEMENT-KEEP WEST SUBDIVISION(H-2023-0047) PAGE 2 OF 7
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/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, common driveway exhibit, landscape plan, and conceptual building
elevations included in Section VIII of the Staff Report attached to the Findings of
Fact and Conclusions of Law attached hereto as Exhibit `B" and the provisions
contained herein.
b. The Applicant shall provide a covered pavilion (picnic area) and sports court for
pickleball as amenities for the Keep West subdivision as proposed in the
preliminary plat.
c. The existing home shall connect to City water and sewer service within 60 days of
it becoming available and disconnect from private service, as set forth in MCC 9-
1-4 and 9-4-8.
6. APPROVAL PERIOD: If this Agreement has not been fully executed within six (6)
months after the date of the Findings, the City may, at its sole discretion, declare the Agreement null
and void.
7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
7.1 Acts of Default.In the event Owner/Developer,or Owner/Developer's heirs,successors,
assigns, or subsequent owners of the Property or any other person acquiring an
interest in the Property, fail to faithfully comply with all of the terms and conditions
included in this Agreement in connection with the Property, this Agreement may be
terminated by the City upon compliance with the requirements of the Zoning
Ordinance.
7.2 Notice and Cure Period. In the event of Owner/Developer's default of this
agreement, Owner/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/Developer that is not cured after notice
from City as described in Section 7.2, City shall, upon satisfaction of the notice and
hearing procedures set forth in Idaho Code section 67-6511A, have the right, but not
a duty, to de-annex all or a portion of the Property, reverse the zoning designations
described herein, and terminate City services to the de-annexed Property, including
water service and/or sewer service. Further, City shall have the right to file an action
at law or in equity to enforce the provisions of this Agreement.Because the covenants,
agreements, conditions, and obligations contained herein are unique to the Property
DEVELOPMENT AGREEMENT-KEEP WEST SUBDIVISION(H-2023-0047) PAGE 3 OF 7
and integral to City's decision to annex and/or re-zone the Property, City and
Owner/Developer stipulate that specific performance is an appropriate, but not
exclusive, remedy in the event of default. Owner/Developer reserves all rights to
contest whether a default has occurred.
7.4 Choice of Law and Venue. This Agreement and the rights of the parties hereto shall
be governed by and construed in accordance with the laws of the State of Idaho,
including all matters of construction, validity, performance, and enforcement. Any
action brought by any party hereto shall be brought within Ada County, Idaho.
7.5 Delay. In the event the performance of any covenant to be performed hereunder by
either Owner/Developer or City is delayed for causes that are beyond the reasonable
control of the party 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.
7.6 Waiver. A waiver by City of any default by Owner/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.
8. INSPECTION: Owner/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 Owner/Developer, prior to the
third reading of the Meridian Zoning Ordinance in connection with the rezoning 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/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/Developer to the City in accordance with
Paragraph 11 above.
13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by
all ordinances of the City of Meridian unless otherwise provided by this Agreement.
DEVELOPMENT AGREEMENT-KEEP WEST SUBDIVISION(H-2023-0047) PAGE 4 OF 7
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:
Dawson Ranch LLC
6865 S. Pemberley Pl.
Meridian, ID 83642
14.1 A party shall have the right to change its address by delivering to the other
parry 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/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. REMOVED PROPERTY: The City is hereby authorized, in its sole discretion, to
remove a portion of the Property ("Removed Property") from this Agreement at any time, provided
DEVELOPMENT AGREEMENT-KEEP WEST SUBDIVISION(H-2023-0047) PAGE 5 OF 7
that the City and the owner of the Removed Property concurrently enter into a modified development
agreement governing the development and use of the Removed Property. The remaining portion of
the Property,which has not been removed from this Agreement as described above, shall continue to
be bound by the terms of this Agreement.
21. COOPERATION OF THE PARTIES: In the event of any legal or equitable action
or other proceeding instituted by any third party (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.
22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owner/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/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.
22.1 No condition governing the uses and/or conditions governing rezoning 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.
23. 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; acknowledgements, signatures and Exhibits A and B follow]
DEVELOPMENT AGREEMENT-KEEP WEST SUBDIVISION(H-2023-0047) PAGE 6 OF 7
ACKNOWLEDGMENTS
IN WITNESS WHEREOF,the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNER/DEVELOPER:
Dawson Ranch LLC
By:rana<ger
roangston
Its:
STATE OF IDAHO )
ss:
County of Ada )
On this 2Z day of AV M01 et' 2024,before me,the undersigned,a Notary Public in and for said State,
personally appeared Jarron Langston, known or identified to me to be the Manager of Dawson Ranch LLC and the
person who signed above and acknowledged to me that they 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.
MELISSA FUJIOKA-BURNZ —
COMMISSION#20180401 Notary Public
NOTARY PUBLIC My Commission Expires:
STATE OF IDAHO
CITY OF MERIDIAN ATTEST:
By:
Mayor Robert E. Simison 12-3-2024 Chris Johnson, City Clerk 12-3-2024
STATE OF IDAHO )
: ss
County of Ada }
On this 3rd day of December , 2024, 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.
(SEAL) Notary Public for Idaho
My Commission Expires: 3-28-2028
DEVELOPMENT AGREEMENT-DEEP WEST SUBDIVISION(H-2023-0047) PAGE 7 OF 7
EXHIBIT A
CC PA S LAND SURVEYING PLLC
Client: Jarron Langston Land Development
Date: February 22, 2023 sc�
Job No.: 0323 L. ea
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PROPERTY DESCRIPTION spa:
A parcel of land being a portion of the W 1/2 NE 1/4 of Section 5, Township 2 North, Range 1 East. Boise
Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at a found Aluminum cap stamped "PLS 4431" marking the NE corner of said NE 1/4, (Section
corner common to Sections 4 and 5 of Township 2 North, Range 1 East, and Sections 32 and 33 of
Township 3 North, Range 1 East), aid corner bears S.89°56'45" E., a distance of 2659.14 feet from a found
Brass Cap marking the NW corner of said NE 1/4, (North 1/4 corner);
Thence along the Northern boundary of said NE 1/4, N. 89°56'45"W., a distance of 1522.85 feet to a found
5/8 inch diameter iron pin with an illegible cap;
Thence leaving said Northern boundary, S. 10'16'52" E., a distance of 25.52 feet to the POINT OF
BEGINNING, said point monumented with a found 5/8 inch diameter iron pin stamped "PLS 14221"
Thence S. 09°35'51" E., a distance of 540.33 feet to a point;
Thence S. 00°23'31" E., a distance of 1213.70 feet to a found 5/8 inch diameter iron pin stamped "PLS
14221";
Thence S.00°22'25" E., a distance of 45.93 feet to a point on the centerline of the Farr Lateral. Said point
bears S.00°22'25" E., a distance of 45.93 from a found 5/8 inch diameter iron pin witness corner stamped
"PLS 14221";
Thence along the centerline of said Farr Lateral the following Courses and Distances;
Thence N. 49°59'57"W., a distance of 27.51 feet to a point;
Thence N. 22°30'24"W., a distance of 1518.71 feet to a point;
Thence continuing, N. 25'12'14"W., a distance of 135.17 feet to a point marking the beginning of a tangent
curve to the left;
Thence a distance of 153.60 feet along the arc of said curve to the left, having a radius of 200.00 feet, a
central angle of 44°00'08", the long chord of which bears N. 47°12'21"W., a distance of 149.86 feet to a
point;
Thence N. 69°12'33"W., a distance of 194.76 feet to a point;
Thence leaving said Farr Lateral, N. 00°09'59"W., a distance of 40.74 feet to a found 5/8 inch diameter iron
pin stamped"PLS 4998";
Thence N. 00'10'55" E., a distance of 38.42 feet to a found 5/8 inch diameter bent iron pin without a cap on
the Southern Right-of-Way of East Lake Hazel Road;
Thence along said Southern Right-of-Way, S. 89°56'57" E., a distance of 853.33 feet to the POINT OF
BEGINNING.
This parcel contains 15.76 acres more or less.
SUBJECT TO:All existing rights of way and easements of record or implied appearing on the above-
described parcel of land.
623 11th Ave. South,Nampa,ID 83651 T. (208)442-0115 C. (208) 608-2510 rgray.cls@gmail.com
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A5S LAND SURVEYING PLLC _
Client: Jarron Langston Land Development c�
Date: February 22, 2023
Job No.. 0323
ANNEXATION DESCRIPTION
i �
A parcel of land being a portion of the W 1/2 NE 1/4 of Section 5, Township 2 North, Range 1 East. Boise
Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at a found Aluminum cap stamped "PLS 4431" marking the NE corner of said NE 1/4, (Section
corner common to Sections 4 and 5 of Township 2 North, Range 1 East, and Sections 32 and 33 of
Township 3 North, Range 1 East), aid corner bears S.89°56'45" E., a distance of 2659.14 feet from a found
Brass Cap marking the NW corner of said NE 1/4, (North 1/4 corner);
Thence along the Northern boundary of said NE 1/4, N. 89°56'45"W., a distance of 1522.85 feet to the
POINT OF BEGINNING, said point monumented with a found 5/8 inch diameter iron pin with an illegible cap;
Thence leaving said Northern boundary, S. 10°16'52" E., a distance of 25.52 feet to found 5/8 inch diameter
iron pin stamped "PLS 14221";
Thence S. 09°35'51" E., a distance of 540.33 feet to a point;
Thence S. 00°23'31" E., a distance of 1213.70 feet to a found 5/8 inch diameter iron pin stamped"PLS
14221";
Thence S.00°22'25" E., a distance of 45.93 feet to a point on the centerline of the Farr Lateral. Said point
bears S.00°22'25" E., a distance of 45.93 from a found 5/8 inch diameter iron pin witness corner stamped
"PLS 14221";
Thence along the centerline of said Farr Lateral the following Courses and Distances;
Thence N. 49°59'57"W., a distance of 27.51 feet to a point;
Thence N. 22°30'24"W., a distance of 1518.71 feet to a point;
Thence continuing, N. 25'12'14"W., a distance of 135.17 feet to a point marking the beginning of a tangent
curve to the left;
Thence a distance of 153.60 feet along the arc of said curve to the left, having a radius of 200.00 feet, a
central angle of 44°00'08", the long chord of which bears N. 47°12'21"W., a distance of 149.86 feet to a
point;
Thence N. 69°12'33"W., a distance of 194.76 feet to a point;
Thence leaving said Farr Lateral, N. 00°09'59"W., a distance of 40.74 feet to a found 5/8 inch diameter iron
pin stamped "PLS 4998";
Thence N. 0010'55" E., a distance of 38.42 feet to a found 5/8 inch diameter bent iron pin without a cap on
the Southern Right-of-Way of East Lake Hazel Road;
Thence N. 00°25'38" E., a distance of 25.16 feet to a found 5/8 inch diameter bent iron pin without a cap on
the Northern boundary of said NE 1/4;
Thence along said Northern boundary, S. 89°56'45" E., a distance of 848.59 feet to the POINT OF
BEGINNING.
This parcel contains 16.25 acres more or less.
SUBJECT TO.-All existing rights of way and easements of record or implied appearing on the above-
described parcel of land.
623 11th Ave. South,Nampa, ID 83651 T. (208)442-0115 C. (208) 608-2510 rgray.cls@gmail.com
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Raap Ranch Annexation Closure 2/22/2023
Scale: 1 inch= 221 feet File: Raap Ranch Annexation Closure 02222023.ndp
Tract 1: 16.2532 Acres,Closure:n43.5224w 0.01 ft.(1l174805),Perimeter=4808 ft.
01 s10.1652e 25.52 10 n00.0959w 40.74
02 s09.3551e 540.33 11 n00.1055e 38.42
03 s00-2331e 1213.7 12 n00.2538e 25.16
04 s00.2225e 45.93 13 s89.5645e 848.59
05 n49.5957w 27.51
06 n22.3024w 1518.71
07 n25.1214w 135.17
08 Lt,r=200.00,delta=044.0008,chord=n47.1221w 149.85
EXHIBIT B
CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW E AND DECISION DECISION& ORDER
In the Matter of the Request for annexation,zoning and preliminary plat approval,by Jarron
Langston.
Case No(s). H-2023-0047
For the City Council Hearing Date of: April 9, 2024 (Findings on April 23, 2024)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of April 9, 2024, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of April 9, 2024, incorporated by
reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of April 9, 2024,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report fbr the hearing
date of April 9, 2024, 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.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of April 9, 2024,incorporated by reference.The conditions are concluded to be
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(KEEP WEST SUBDIVISION-FILE#H-2023-0047)
- 1 -
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, zoning and preliminary plat approval is hereby
approved per the conditions of approval in the Staff Report for the hearing date of April 9,
2024, 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 11-6B-7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-613-7.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 11-5B-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(KEEP WEST SUBDIVISION-FILE#H-2023-0047)
-2-
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 67-651IA. 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 April 9, 2024
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(KEEP WEST SUBDIVISION-FILE#H-2023-0047)
-3-
By action of the City Council at its regular meeting held on the 23rd _day of April
2024.
COUNCIL PRESIDENT LUKE CAVENER VOTED AYE
COUNCIL VICE PRESIDENT LIZ STRADER VOTED
COUNCIL MEMBER DOUG TAYLOR VOTED AYE
COUNCIL MEMBER JOHN OVERTON VOTED AYE
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED AYE
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert S' ison 4-23-2024
Attest:
� ,� ( CNil4yR117tAN�
Chris Johns 4- ,,
City Clerk
Copy served upon Applicant,Community Development Department, Public Works Department and City
Attorney.
By: PhaqLz4�i )u
Dated: 4-23-2024
City Clerk's Office -
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(KEEP WEST SUBDIVISION-FILE#H-2023-0047)
-4-
STAFF REPORT C� fE COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT
HEARING April 9,2024 Legend r
DATE: "' L
Project Location
TO: Mayor&City Council
FROM: Linda Ritter,Associate Planner
208-884-5533 ,,
SUBJECT: Keep West Subdivision—AZ,PP �� `�'�� ` y. "
H-2023-0047
LOCATION: 2625 E. Lake Hazel Rd. and 6519 S. -
Raap Ranch Ln.,in the NE 1/4 of Section
5,T.2N.,R.l E. (Parcel#R7317670010
and R7317670020)
vk W
I. PROJECT DESCRIPTION
Annexation and zoning of 16.25 acres of land from RUT to R-2(low"density residential")zoning
district and a Preliminary Plat consisting of 212 buildable lots,one existing home and 8 common lots
on 15.76 acres of land in the R-2 zoning district for Keep West Subdivision.
II. SUMMARY OF REPORT
A. Project Summary
Description Details
Acreage Annexation 16.25 acres/Preliminary Plat 15.76
Future Land Use Designation Medium Density Residential(MDR)and Low Density Residental(LDR)
Existing Land Use Rural Urban Transition(RUT)
Proposed Land Use(s) Single-family detached dwellings
Current Zoning Rural Urban Transition(RUT)in Ada County
Proposed Zoning R-2(Low Density Residential)
Lots(#and type;bldg/common) 223,building(1 existing)/3 common/2 irrigation easement lots
Phasing plan(#of phases) 1
Number of Residential Units(type 223 single-family detached units,including one existing home
of units)
Density(gross&net) 1.3946 units/acre(gross)
Open Space(acres,total[%]/ 1.2630-acre(or 8%)consisting of street buffer and open space area.
buffer/qualified)
Amenities NA
Physical Features(waterways, The Farr and Grimmet Laterals run along the west&east boundaries of the
hazards,flood plain,hillside) site.
Neighborhood meeting date 1/4/23
History(previous approvals) Raap Ranch Subdivision recorded in 2013
B. Community Metrics
Description Details
Ada County Highway District
• Staff report(yes/no) Yes
• Requires ACHD Commission No
Action es/no
• TIS(yes/no) No(not required)
• Level of Service(LOS) Better than"D"at PM peak hours,which is an acceptable LOS for a 5-lane
principal arterial(Lake Hazel Road).
• Existing Conditions There are three existing driveways serving the existing homes via E.Lake
Hazel Road.
• CIP/IFYWP Capital Improvements Plan(CIP)/Integrated Five Year Work Plan(IFYWP):
• Lake Hazel Road is scheduled in the IFYWP to be widened to 5-lanes
from Cloverdale Road to Eagle Road and is under construction with a
completion date later in 2023.
• The intersection of Lake Hazel Road and Eagle Road is scheduled in
the IFYWP to be widened to 6-lanes on the north leg, 5-lanes on the
south,7-lanes east,and 6-lanes on the west leg,and signalized in 2024.
Access(Arterial/Collectors/State Two(2)accesses exist via E.Wickham Street and S.Netherfield Way,local
Hwy/Local)(Existing and streets. The existing acees from E.Lake Hazel Road will be residential access
Proposed) will become an access for emergency vehicles only.No direct access is
proposed via E.Lake Hazel Road.
Proposed Road Improvements
Fire Service This project currently falls in an area where we don't have total response
times for an effective firefighting force to meet NFPA 1710 standards or
current City of Meridian adopted standards. The first due station is Fire
Station 7.This fire station is approximately 1.0 mile from the project which is
good for the first due engine. See attached comments
(https://weblink.meridianciU.org/WebLink/Doc View.aspx?id=330404&dbid=
0&repo=MeridianCity)
Police Service No comments received
West Ada School District No comments received
Wastewater
• Distance to Sewer Services Directly adjacent
• Sewer Shed
• Estimated Project Sewer ERU's See application
• WRRF Declining Balance RN I
• Project Consistent with WW Yes
Master Plan/Facility Plan
• Impacts/Concerns Flow is committed
Water
• Distance to Services Water is available at site
• Pressure Zone
• Estimated Project Water ERU's See application
• Water Quality Concerns None
• Project Consistent with Water Yes
Master Plan
C. Project Maps
Future Land Use Map Aerial Map
._.
Legend Legend
Project Location FR. Project Location
1 f�
FA'
C � .
Medium Density
Reses a tial
Low DeVity-
Reside
ntial
e
Zoning Map Planned Development Map
Legend R 2 ® Legend
;—
Project Location R.- ® Project Location -
I ® ; City Limits
R 15
R 8 R-15` .-' —Planned ParcelsIN I
m �1
YR-40 R 15
C. A R-8 R-8 RVI
�4 M
® R-4� R-8 -R-2 ,I ---'
Rg� - R-1'5
RUT
Ri4 r' -
RR—RUT RR �:. . R1 M1 ',.t
•�.
III. APPLICANT INFORMATION
A. Applicant:
Jarron Langston—9563 W.Harness Drive,Boise,ID 83709
B. Owners:
Brian D. and Mary L. Affleck—6519 S Raap Ranch Lane,Meridian, ID 83642
C. Representative:
Ted Burke,EDM Partners—2815 E 3300 S, Salt Lake City,UT, 84109
IV. NOTICING
Planning&Zoning City Council
Posting Date Posting Date
Newspaper notification
published in newspaper 2/20/2024 3/25/2024
Radius notification mailed to
property owners within 500 feet 2/16/2024 3/22/2024
Public hearing notice sign posted
2/24/2024 3/27/2024
on site
Nextdoor posting 2/26/2024 3/25/2024
V. COMPREHENSIVE PLAN ANALYSIS
LAND USE: This property is designated as Low Density Residential(LDR),which allows for
dwelling units at gross densities of 3 dwelling units per acre; and Medium Density Residential
(MDR),which allows for dwelling units at gross densities of 3 to 8 dwelling units per acre on the
Future Land Use Map (FLUM)contained in the Comprehensive Plan.
The Comprehensive Plan allows an adjacent, abutting designation,when appropriate and approved as
part of a public hearing with a development application,to be used. Over half of the property has a
future land use designation of low density residential,the applicant has proposed to continue that use
for the entire development as allowed in the Comprehnsive Plan.
The Applicant proposes a 22 2-3-lot subdivision for single-family residential detached homes at a
gross density of 1.3946 units per acre,which meets the comprehensive plans desire of larger lots in
the LDR designation. The property is surrounded by single-family residential homes zoned R-2 and
R-4(Low Density Residential),R-8 (Medium Low-Density Residential), and R-15 (Medium-High
Density Residential)indicating a mix of low and medium density residential zones.
Staff has considered multiple factors,including the surrounding mix of low and medium density
residential zones,the presence of irrigation ditches on the east and west sides of the property, and the
proposed gross density of 1.3946 units per acre. In light of these considerations, staff is supportive of
the applicant's request to zone the property as Low Density Residential(LDR) for the proposed 222--
lot subdivision.
TRANSPORTATION: The Master Street Map(MSM) does not depict any collector streets across this
property. Lake Hazel Road is scheduled in ACHD's Integrated Five Year Work Plan(IFYWP)to be
widened to 5-lanes from Cloverdale Road to Eagle Road and is under construction with a completion
date later in 2023. The intersection of Lake Hazel Road and Eagle Road is scheduled in the IFYWP
to be widened to 6-lanes on the north leg, 5-lanes on the south, 7-lanes east, and 6-lanes on the west
leg,and signalized in 2024. Lake Hazel Rd. is currently improved with 2 travel lanes(one in each
direction) and has no curb,gutter or sidewalk.
ACHD's Roadways to Bikeways Master Plan(BMP) identifies Lake Hazel Road as Level 3 facilities
that will be constructed as part of the aforementioned Lake Hazel Road IFYWP ACHD project.
Goals,Objectives,&Action Items: Staff finds the following Comprehensive Plan policies to be
applicable to this application and apply to the proposed use of this property(staff analysis in italics):
• "Encourage a variety of housing types that meet the needs, preferences, and financial
capabilities of Meridian's present and future residents."(2.01.02D)
The proposed single-family detached dwellings offers a mix of home and lot sizes that should
contribute to the variety of housing options in this area and within the City as desired.
• "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)
City water and sewer service is available and can be extended by the developer with
development in accord with UDC 11-3A-21.
• "Require all new development to create a site design compatible with surrounding uses
through buffering, screening,transitional densities, and other best site design practices."
(3.07.01A)
The proposed site design with larger lot sizes abutting similar size lots to the east in the Keep
Subdivision and smaller size lots to the west in the Vertex Subdivision No. I and 2 will
provide a good transition in density and lot sizes to abutting parcels.
Although the FL UM designation for the proposed preliminary plat is MDR and LDR, the
applicant has chosen to move forward with LDR as it is located between two irrigation
ditches (Farr and Grimmet laterals) and will be similar to the existing Keep Subdivison to the
east.
• "Encourage compatible uses and site design to minimize conflicts and maximize use of land."
(3.07.00)
The proposed and existing adjacent uses are all single-family detached residential homes,
which should be generally compatible with each other, thereby reducing conflicts and
maximizing use of land.
• "Support infill development that does not negatively impact the abutting, existing
development. Infill projects in downtown should develop at higher densities, irrespective of
existing development."(2.02.02C)
Development of the subject infill property will not negatively impact abutting existing
development due to the similar lots sizes and density proposed. The property is separated
from the adjacent developments by irrigation ditches on the east and west side of the
property. The density is similar to the existing Keep Subdivision to the east.
• "Ensure development is connected to City of Meridian water and sanitary sewer systems and
the extension to and through said developments are constructed in conformance with the City
of Meridian Water and Sewer System Master Plans in effect at the time of development."
(3.03.03A)
The proposed development, including the existing home, will connect to City water and sewer
systems with development of the subdivision;services are required to be provided to and
though this development in accord with current City plans.
• "Require pedestrian access in all new development to link subdivisions together and promote
neighborhood connectivity."(2.02.011))
Per ACHD's staff report, Lake Hazel Road is currently being improved to 5-travel lanes,
vertical curb, gutter, 4-foot wide permable pavers, and a 10 foot wide concrete sidewalk
abutting the site. Sidewalks are proposed throughout the development along the proposed
streets. The sidewalk along E. Wickham Street will provide a pedestrian connection to the
development to the east and along S. Netherfiled Way to the west. Currently there are no
pedestrian pathway stubs to this property from adjacent developments.
• "Require urban infrastructure be provided for all new developments, including curb and
gutter, sidewalks,water and sewer utilities."(3.03.03G)
Urban sewer and water infrastructure and curb, gutter and sidewalks are required to be
provided with development of the subdivision.
• "Eliminate existing private treatment and septic systems on properties annexed into the City
and instead connect users to the City wastewater system; discourage the prolonged use of
private treatment septic systems for enclave properties."
With redevelopment of the site, the existing home is required to connect to City water and
sewer service and the existing septic system and well should be abandoned.
• "Reduce the number of existing access points onto arterial streets by using methods such as
cross-access agreements, access management, and frontage/backage roads, and promoting
local and collector street connectivity."(6.01.02B)
There are three(3) access points on E. Lake Hazel Road for this property(and an irrigation
access). With development, this access will be closed and access will be provided internally
from within the subdivision via the extension of E. Wickham Street and S. Netherfield Way.
There is will an emergency access where the existing access for the remaining home is
currently located.
• "Maximize public services by prioritizing infill development of vacant and underdeveloped
parcels within the City over parcels on the fringe."(2.02.02)
Development of the subject infill parcel will maximize public services.
VI. STAFF ANALYSIS
A. ANNEXATION(AZ)
The Applicant proposes to annex 16.25 acres of land with an R-2 zoning district and develop
15.76 acres of land with single-family homes at a gross density of 1.3946 units per acre,this is
consistent with the LDR FLUM designation as discussed above in Section V.
A legal description and exhibit map for the annexation area and property is included in Section
VIII.A. This property is within the City's Area of City Impact boundary.
A preliminary plat and conceptual building elevations were submitted showing how the property
is proposed to be subdivided and developed with twenty-onetwe(212-2)new single-family
residential detached dwellings and retention of the existing home(see Section VIII).
Single-family detached dwellings are listed as a principal permitted use in the R-2 zoning district
per UDC Table 11-2A-2. Future development is subject to the dimensional standards listed in
UDC Table 11-2A-6 for the R-2 zoning district.
The City may require a development agreement(DA) in conjunction with an annexation pursuant
to Idaho Code section 67-6511A. To ensure the subject property develops as proposed, Staff
recommends a DA is required with the provisions discussed herein and included in Section
IX.A.
B. PRELIMINARY PLAT(PP):
The proposed preliminary plat consists of 212-2 building lots and eight(8)common lots on 15.76
acres of land in the proposed R-2 zoning district as shown in Section VIII.C. Proposed buildable
lots range in size from 12.008 1 square feet(s.£)(or 0.28 acre)to 38.274 27,957 s.f. (or 0.87864
acre). The subdivision is proposed to be developed in one(1)phase.
Existing Structures/Site Improvements: There is an existing home and several other structures
on the property. The existing home is proposed to remain on Lot 36, Block 1, all other structures
are proposed to be removed. Prior to the City Engineer's signature on the final plat, all
existing structures that don't comply with the setbacks of the district shall be removed.A
new address will be required for the existing home.
Dimensional Standards (UDC 11-2): The proposed plat, existing home and subsequent
development is required to comply with the dimensional standards listed in UDC Table I1-2A-6
for the R-2 zoning district. The proposed lots comply with the minimum dimensional standards.
The existing home shall comply with the setback requirements of the district.
Subdivision Design&Improvement Standards: The proposed subdivision is required to
comply with the design and improvement standards listed in UDC 11-6C-3.
Dead End Streets: Per UDC 11-6C-3B4, the City Council may approve a dead end street
up to seven hundred fifty(750) feet in length where an emergency access is proposed; or
where there is a physical barrier such as a steep slope, railroad tracks, an arterial
roadway, or a large waterway that prevents or makes impractical extension; and where a
pedestrian connection is provided from the street to an adjacent existing or planned
pedestrian facility. See diagram below.
The cul-de-sac for the proposed plat is greater than 900 feet which would exceed the
maxium approval allowed by City Council of 750 feet in length. The applicant needs to
revise the plat map shortening the length of the cul-de-sac and submit a revised plat
map fifteen days prior to the City Council meeting. The applicant revised the the plat
map to shorten the length of the cul-de-sac and submitted the revised plat map 25 days
prior to this meeting
Physical Barrier
Pafhway Connection,
Typical
500'Maximum
J i
s
d
Lot,Typical
750`Maximum
With Council Approval
Access: There are three(3)access points on E.Lake Hazel Road, an arterial street, for the
existing homes and structures. The Irrigation District takes accesses to the property via the parcel
to the west. The driveway for the existing home will remain and be utilized as an emergency
access only.
Access is proposed via the extension of E. Wickham Street at the east boundary of the site,which
terminates onto S.Netherfield Way. Direct access is not proposed or allowed via E. Lake Hazel
Road. A common driveways arei-s proposed for access to Lots 22,23,27 and 28 An exhibit for
the common driveway was submitted as shown in Section VIII.D that complies with the standards
listed in UDC 11-6C-3D.A perpetual ingress/egress easement shall be filed with the Ada
County Recorder,which shall include a requirement for maintenance of a paved surface
capable of supporting fire vehicles and equipment.A copy of such should be submitted with
the final plat for City Engineer signature; or, a plat note could be included on the plat that
includes this information.
Landscaping: A 25-foot wide street buffer is required along E. Lake Hazel Road.,an arterial
street,per UDC Table 11-2A-6,measured from back of the sidewalk.A buffer is depicted on the
landscape plan that appears to meet this requirement. The buffer has been depicted on the plat
in a common lot as proposed with landscaping per the standards listed in UDC 11-3B-7C.3.
There are several existing trees on the site,where possible existing trees should be retained.
Mitigation is required in accord with the standards listed in UDC 11-3B-IOC.5; calculations
demonstrating compliance with the aforementioned standards should be depicted on the
landscape plan.
Common Open Space& Site Amenities(UDC 11-3G-3): The applicant is proposing 1.374g-
acres of open space consisting of 50%of the street landscape buffer along E. Lake Hazel Road,
parkway,pathway along emergency access,covered pavilion, sports court and grassy areas. The
applicant provided 1.374-9 acres of open space(9.41%)exceeding the 8%(54.920 64,589 sf or
1.2649 acres)requirement.
Per UDC 11-3G-4, for each five(5)acres of gross land area, one(1)point of site amenity is
required. As the property is 15.76 acres, a total of 3 amenties points is required. The applicant is
proposing a covered pavilion(picnic area—2 points)and sports court for pickle ball (4 points) as
amenities which totals 6 amenties points. The amenity points are in excess of the required three
(3)points. Staff recommends a provision to the Development Agreement requiring the
installation of the amentities as proposed.
Pathways: All pathways should be constructed in accord with the standards listed in UDC 11-
3A-8.A 10-foot wide sidewalk is required along the northern boundary of the site in accord with
the Pathways Master Plan.A 14-foot wide public pedestrian easement is required for the pathway
(see Park's Dept. comments in Section IX.G),unless ACHD requires with the construction of the
Lake Hazel road widening project.
Sidewalks(I1-3A-17): Ten-foot wide detached multiple-use pathways(MUP)is required within
street buffers along arterial streets.
Parking: Off-street parking is required to be provided for each home based on the total number
of bedrooms per unit as set forth in UDC Table 11-3C-6.
Waterways: The Farr Lateral exists along the west boundary(within a 50-foot easement) and the
Grimmet Lateral along the east boundary within a 40-foot wide easement,measured from
centerline). The applicant shall submit documentation from the Irrigation District verifying the
easements and any restrictions within the easement.
The UDC (11-3A-6E)requires irrigation easements wider than 10 feet to be included in a
common lot that is a minimum of 20-feet wide outside of a fenced area,unless modified by
City Council at a public hearing with notice to surrounding property owners. The applicant
proposes to place the Farr and the Grimmet Laterals within common lots as required.
All other irrigation ditches crossing this site that aren't being improved as a water amenity or
linear open space as defined in UDC 11-1A-1 shall be piped or otherwise covered as set forth in
UDC 11-3A-6B.3,unless otherwise waived by City Council.
The applicant is proposing to the a portion of the Grimmet Lateral and
has been working with the Boise Project Board of Control for approval. The Farr Lateral will
remain open.If tiled wed,the Boise Project Board of Control will not approve any landscaping
other than gravel within its 25-foot easement.No variances will be given.
Fencing: All fencing is required to comply with the standards listed in UDC 11-3A-6C and I1-
3A-7, as applicable. The landscape plan depicts existing fencing along the north boundary of the
site. A 6-foot tall privacy fence is depicted along the west, south and east boundaries of the site.
A 4-foot tall privacy fence is proposed along internal common lots.
Utilities(UDC 11-3A-21): Connection to City water and sewer services is required in accord with
UDC 11-3A-21. The existing home is required to connect to City water and sewer service
within 60 days of it becoming available and disconnect from private service,as set forth in
MCC 9-1-4 and 9-4-8.
Street lighting is required to be installed in accord with the City's adopted standards,
specifications and ordinances.
Pressurized Irrigation System (UDC 11-3A-I5): Underground pressurized irrigation water is
required to be provided to each lot within the subdivision as set forth in UDC 11-3A-1 S.
Storm Drainage(UDC 11-3A-18):An adequate storm drainage system is required in all
developments in accord with the City's adopted standards, specifications and ordinances. Design
and construction shall follow best management practice as adopted by the City as set forth in
UDC 11-3A-18. A Geotechnical Report was submitted with this application.
Building Elevations: Several conceptual building elevations of homes were submitted as shown
in Section VIII.G. Building materials consist of a variety of stone/brick veneer accents and
stucco. Design review is not required for single-family detached structures.
VII. DECISION
A. Staff:
Staff recommends approval of the proposed annexation with the requirement of a Development
Agreement, and preliminary plat per the provisions in Section IX in accord with the Findings in
Section X.
B. The Meridian Planning&Zoning Commission heard these items on March 7, 2024. At the
public hearing,the Commission moved to recommend approval of the subject Annextion and
Preliminary Plat requests.
1. Summary of Commission public hearing_
a. In favor: Todd Lakey,Barton Lakey Law representingthe he applicant,Jarron
Langston,Luke Gilbert,property owner
b. In opposition:None
C. Commenting: Jeff Lucky,Jeff Brown, Andrew Williams,Danny Blau,Melina
Newell
d. Written testimony: Jeff Luckey
e. Staff presenting application: Bill Parson,Planning Supervisor
f. Other Staff commenting on application: None
2. Key issue(s)of public testimony
a. Concerns with the proposed street connectivity that will bring additional traffic
to the existing neighborhood(The Keep)to the east
3. Key issue(s)of discussion by Commission:
a. Bring the proposed cul-de-sac into compliance prior to the City Council hearing.
4. Commission change(s)to Staff recommendation:
a. None
5. Outstandingissue(s)for City Council:
a. None
C. The Meridian City Council heard these items on April 9,2024. At the public hearing.the Council
moved to approve the subject annexation,zoning and preliminary plat requests.
1. Summary of the City Council public hearing:
a. In favor: Todd Lakev,Barton Lakev Law representing the applicant.Jarron Langston
b. In oposition:None p
c. Commenting: Todd Lakev,Barton Lakev Law representing the applicant. Jarron
Langston
d. Written testimony:None
e. Staff presenting application: Linda Ritter.Associate Planner
£ Other Staff commenting on application: Bill Parsons.Planning Supervisor
2. Key issue(s)of public testimony:
a. None
3. Key issue(s)of discussion by City Council:
a. Lack of comments from West Ada School District and the overcrowding of the schools
in the area.
4. City Council change(s)to Commission recommendation.
a. None
VIII. EXHIBITS
A. Property Description and Exhibit Map
1 LAND SIJRVEY1NO FLLC
Client:,Jarron Langepan Land Develgpfnenl *y'
Date;February 22.2023 ■c" .�
Job No.:6323 I �� e
a �
PROPERTY DESCRIPTION �i'
A pargel of land bei�bg a portion of the W la NE 1 A of Section 5,Township 2 North,Ra nge 1 East Eoise
Meridian,City of Meridian.Ada flaunty,Idaho,more particularly dascrihed as folkwea!
Carnmen,HN at a fecund Aluminum cap mampad-PLS"3 1-niarldng Ilia NE earner of Sam NlE 114,(aacHen
inner common to Sections 4 and 5 of Tewnshlp 2 North, RDnge 1 East,and Sections 32 and 33 of
Township 3 NorM.Range 1 East).aid comer bears.SAV5,8'45'E..a distance of 26%.14 feat from a found
Brae6 Gap marking the NW comer of said NE 114,(North 14 ogmer);
Thence along the ND*em boundary of said NE 114,N.11;6°66'45"W.,a dlmnee of 15P2,85 feet to a found
519 inch dlarncfcr Iron pin wim an illegible cep;
Thence leaving sold Northern boundary,S. 14'l6'S2"E„a distance of 25:52 feet 10 the POINT OF
MEC,IMNING,Said point rnonumented with a found 5J8 inch diamerer iron pin stamped`PLS 14221'
Thence S.t '35'S1"E.,a di stance of 5M-33 I'm to a point;
Thence S.W23'31"E ,a distance of 1213 70 feet to a found 518"diameter Iran pin stamped°PLS
14221";
Thence S.OV22'25'E„a distance of 45.93 feet to a point on the centerline of the Farr Lalefar, Said point
baara S-DO'22'25'E-,.a d isldnoa of 45.93 From a frund 5J$inch diamQlar irgn pin witness FPrrrar 54amped
"PLS 14221';
Thgnig 21ong the Centerline of 6eid Farr Lateral the folk wing Gcuroas and Ui5wnc3e5;
Thence N.49°5937'W..a distance of 27.51 feet to a point
Thenoa N-22130'247 W.,0 distant$of 1 b1$.71 feel to n print;
Thence cwdntrltfg,N-25°12'14"W a dicta ncs of 135.17 feet to a point marling the beglnning of a la ngant
curve io the left;
Thence a distance of 153-60 feet along the arc of said curve to the left,hawing a radius of 200.00 feat,a
central angle of 44'00'0r,the I4ny Qhgvd QfwhiCh War,,H.47'12'21"W,a distance of 149 n feet to a
pc4nt;
Thence N-69'12'33'W.,a distance of 194.7$feet to a p4inl;
Thence leaving said Farr Lateral,rJ.X*09'59'W..a dlstanea of 40.74 foot to a found 54 inch diamatar Iran
pin stamped"PL$4$$JU";
Thence N 00'10'55'E..a distance of 38.42 feet to a found 519 inch dia motor bent Iron pin wlthout a cap on
the Southern RighFaWYey of East Lake Hanel Road;
Thence along said Southern Rlght-f-Way,S-89'H'57'E„a distatica of 853.33 feet to the POWrOF
r3EGfNNAU
This parrel contain$15,7t�erre6 more 4r pgss,.
$1 BVFCT TO.-All uxi5ting rights of way and ea%ement5 of rgrrrd gr irr1pliad appearing on the above-
described parcel of land,
623 3 1 ih Ave,South,Nampa,lD 93651 -T-(208)442-0115 -C"(208)608-2510-tgray-cIs ftmail.cam
reap rent oun aryc uum na M3
rzaP an aq o p
B. Annexation Description and Exhibit Map
fPA r "NDS11RVT'ylhio PLLC v4L4�l
C090L Jarron Langston Land Development
Dale: February 22.2fl23
Jot?No..0323 awe y 1. G
Q � S_
ANNE AMA DESCRIPTION
A parcel of land being a portlon of the vy 112 N E 114 of Section 5,Township 2 North,Dense 1 East, a
Merldlafi,Olty of htiefidiarr,Ada County, Idaho,more partiCularty described as follows;
Commencing al a found Aluminum cep stamped"PLS 4431'marking the HE corner of said FEE 114,(Section
CgrrLPr common to Sections 4 and 5 of Township 2 North, Range 1 East and Sections 32 and 33 of
Township 3 North, Range 1 Easl),aid comer bears S.89"56'45"E..a distance of 2659.14 feat from a fou nd
Brass Cap marking the NW comer of Bald HE 1f4.(North 114 caner);
Thence along the Nort#iern boundary of said NE 114,N. 99°5645'W.,a distance of 1522.95 feel to the
POINT OF BEGINNING.so id point monumentcd with a found 5 r8 inch dlanwtor Won pin Vdlh err l llegibta cap;
Thence leaving said Narmern Boundary,S, IV10'52"E.,a distdnrre of 25.52 feel to fount 5M inch diameter
Iron pin stamped'I LS 14221'';
Thence S-09W51`E„o distance of 540.33 feet to a point;
Thanes S-00°2373V E„a distance of 1213.70 feet to a found 518 inch diameter iron pin stamped"PL9
14221";
Thence 5 W22°25'E„a distance of 45.93 feet to a point on the centerline of the Farr Lateral. Said paint
bears S.00°22'25'E„a distance of 45.93 from a found 5f8 inch diameter iron pin witness corner stamped
'PLS 14221";
Thence along the centedne of said Farr Laterai the following Courses and Di stances;
Thence N.49°59'57"W.,a distance of 27.51 feet to a point;
Thence N.22`30'24"W„is distance of 1518.71 feet In a poln4
Thence continuing,N_25'12'14*W_,a dJmanoe of 135.17 feel to a point marking the bergijning of a tongerFt
curve to the heft;
Thence a distance of 159_60 fget aipng ti,g ark 4f Sa id V "t4 the Left,ha'+iriq a radius of 200.00 feel,a
*entml angle of 44'00'08",the 14ng chard of which bears N.47°12'21"W„a distance of 149,86 feet to a
iht;
Theme N.69.12'33"W.,a distance of 194.76 feet to a pvinl-
Thence leaving said FaFr Lateral, N 00"09'S5"W. a distance of 40 74 feet in a found 5M inch drarneter iron
pint stamped"RLS M A8'
Theme N.00`1d'55"E„a distance of 38.42 feet to a found S18 inch diameter beat iron pin wfthout a cap on
the SouMarrr Right-of•Way of East Lake Hazel Road;
Thence N.W25'38"E„a distance of 25.16 fast to a found 518 inch diameter bent Iron pin wrthout a cap an
the Northern bounda ry of said NE V4;
Thence along said Na lhern boundary,S_89'-%'45"E..a distance of 848_59 feel to the POINT OF
BEGIUN1NO.
This parcel conlalns 16.25 acres more or teas.
6UW907"TO:All exleling rights of way And eawments of reoord or implied appearing on the above-
de9Crited pafceil of land.
623 11 th Ave.SotAk Nampa.1D 83651 •T.(2 A)442-0115 1 C-(208)608-2510 v rgmy.als@pmA.com
a
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Raap Ranch Annexation Closure 21 r2023
Scaie; 1 inch=221 feet File: Raap Ranch ArnnexaUon Closure 0 222023.nd
Trod 1.1C2532 Acres,airsu e.M9.9224w b.b1 tL vwls 05F,Perlmemr-Asw tL
01 810_1952e 25.52 1U n06.0S%N 40.7d
02sOUSSie 546.33 11 nOb.W55e 39.42
03 a6U2b31a 1213.7 12 nob.2S36e 2S.l6
04a06" a45.93 13sW.564Se B18.59
05 n19.M7w 27.51
06 n22.3R24w 1518.71
07o25.1214w t35.17
M LA,rn200.DD,aama-G"AOM,cwps=n47_r221w TORS
C. Preliminary Plat(dated: 3/25/24 ",�)
PRELIMINARY PLAT
KEEP WEST SUBDIVISION 1 614 00
! i i;">��I". �.� ;���I ili_ III II II •.�:.0 P�.I��
�ly
subd
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D. Common Driveway Exhibit(dated: 2/15/24 3/25/24)
COMMON DRIVE EXHIBIT Aft
KEEP WEST SUBDIVISION Vim.I w
---- --�r------------
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_.—L.L..___ .. _.r _____ . .
_—Y--_—r.—-.—, -- e.e.....am�a y N tg •Y �. dAIW'A'.1�
Sbd
— � i - , I .. , PA1F1•EIIfYlI1L11 TABLE w�a-
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EXH-2.0
COMMON DRIVE EXHIBIT wAft
BEEP WEST SUBDIVISION
.J�f hIN#4 1fiN�1 Ff1#II y,I �K 21.
--------------J
f----------, 4 -
� I s i y axe
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PAIEA,EMYC2TI
Li Seep west
,bd-.
E. Landscape Plan(dated: 1442024 3/25/24)
�EREo REMEMs � E. _� LL
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3 Oi1. � .4,...�. ....e 5 G. [u�oNaa�m;�fs�»ceenne•.,-
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OPEN SPACE EXHIBIT
KEEP WEST SUBDIVISION
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IX. CITY/AGENCY 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 IF City Council determines
annexation is in the best interest of the City:
a. Future development of this site shall be generally consistent with the preliminary plat,
common driveway exhibit,landscape plan and conceptual building elevations included in
Section VIII and the provisions contained herein.
b. The applicant shall provide a covered pavilion(picnic area) and sports court for pickle
ball as amenities for the Keep West subdivision as proposed in the preliminary plat.
c. The existing home shall connect to City water and sewer service within 60 days of it
becoming available and disconnect from private service, as set forth in MCC 9-1-4 and 9-
4-8.
2. The final plat shall include the following notes and revisions:
a. Lots 27, 30 and 39,Block 1 are non-buildable common lots and will be owned and
maintained by the Keep No. 2 Subdivision Homeowners Association.
b. Plaee the landseape buff-er-along E. Lake Hazel Read in a eammen let.
lots on the plat.
3. The landscape plan submitted with the final plat shall include the following revisions:
a. laelude raitigation infoFmation for-all existing tfees being r-eraeved from the site i-fl-
aseer-d withthe standards listed in UDG 11-3B-�T
b. Provide 4ndseaping along both sides of the pa4hway per-UDG 11 3B 12.C--
e. Extend the pathway on Lot 34,Bleek 1 to the eul de sae instead of having it dead end at
Lot nn -Bleev i
4. The common driveways for Lot 22,and 23,27 and 28 Block 3 shall comply with the
standards listed in UDC 11-6C-3D and the exhibit in Section VIII.C.
5. The address of the existing home shall change with development of the subdivision.
6. The Applicant shall obtain a Council waiver to allow the Farr Lateral to remain open in a
natural state at the Council hearing,per UDC 11-3A-6. Written documentation from the
Boise Board of Project Control approving the tiling of the Grimmett Lateral is required prior
to signature on the final plat OR leave it open in a natural state if allowed. This document
shall be submitted 15 days prior to the City Council hearing.
7. The appheant shall submit a revised plat map,fifteen days pr-*or-to the City Couneil
8. Except the existing home located at 6519 S.Raap Ranch Lane, all other existing structures
shall be removed from the site prior to submittal of the final plat for City Engineer signature.
9. Comply with the subdivision design and improvement standards listed in UDC 11-6C-3.
10. Approval of a preliminary 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. Upon written request and filing by the applicant prior to the termination of
the period,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 this title.
B. PUBLIC WORKS
https:llweblink.meridiancity.org/WebLink/Doc View.aspx?id=330390&dbid=0&repo=Meridian C
hty
C. PARK'S DEPARTMENT
https:llweblink.meridianci(E.orglWebLinklDocView.aspx?id=330381&dbid=0&repo=MeridianC
iv
D. FIRE DEPARTMENT
https:llweblink.meridiancio!.orgj ebLink1DocView.aspx?id=330404&dbid=0&repo=MeridianC
iu
E. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ)
https://weblink.meridiancity.orglWebLinklDocView.aspx?id=330749&dbid=0&repo=MeridianC
hty
F. ADA COUNTY
https://weblink.meridiancity.orglWebLinklDoc View.aspx?id=331610&dbid=0&repo=MeridianC
Lty
G. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https:llweblink.meridiancity.orglWebLinkIDocView.aspx?id=330390&dbid=0&repo=MeridianC
Lty
H. BOISE PROJECT BOARD OF CONTROL
https:/lweblink.meridiancioy.orglWebLinklDoc View.aspx?id=331610&dbid=0&repo=MeridianC
FINDINGS
A. Annexation and/or Rezone(UDC 11-511-3E)
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:
1. The map amendment complies with the applicable provisions of the comprehensive
plan;
Commission finds the 4pplicant's request to annex the subject property with R-2 zoning and
develop single-family detached dwellings on the site at a gross density of 1.46 units per acre is
generally consistent with the Comprehensive Plan per the analysis in Section V.
2. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
Commission finds the proposed map amendment to R-2 and development generally complies
with the purpose statement of the residential districts in that it will contribute to the range of
housing opportunities available in the City consistent with the Comprehensive Plan.
3. The map amendment shall not be materially detrimental to the public health,safety,
and welfare;
Commission finds the proposed map amendment should not be detrimental to the public
health, safety and welfare as the proposed residential uses should be compatible with
adjacent single-family residential homes/uses in the area.
4. The map 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
Commission finds City services are available to be provided to this development.
5. The annexation(as applicable)is in the best interest of city.
Commission finds the proposed annexation is in the best interest of the city.
B. Preliminary Plat(UDC 11-613-6)
In consideration of a preliminary plat,combined preliminary and final plat, or short plat,the
decision-making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15-
2005)
1. The plat is in conformance with the comprehensive plan and is consistent with this unified
development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008)
Commission finds the proposed plat is in conformance with the UDC and generally conforms
with the Comprehensive Plan.
2. Public services are available or can be made available and are adequate to accommodate the
proposed development;
Commission finds public services can be made available to the subject property and will be
adequate to accommodate the proposed development.
3. The plat is in conformance with scheduled public improvements in accord with the city's
capital improvement program;
Commission finds the proposed plat is in conformance with scheduled public improvements
in accord with the City's capital improvement program.
4. There is public financial capability of supporting services for the proposed development;
Commission finds there is public financial capability of supporting services for the proposed
development.
5. The development will not be detrimental to the public health, safety or general welfare; and
Commission finds the proposed development will not be detrimental to the public health,
safety or general welfare.
6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8-
30-2005, eff. 9-15-2005)
Commission is unaware of any significant natural, scenic or historic features that need
to be preserved with this development.