Castlebridge formerly Kingsbrige North DA-H-2017-0065ADA COUNTY RECORDER Christopher D. Rich 2017-092983
BOISE IDAHO Pgs=42 LISA BATT 09/29/2017 03:54 PM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Jack Hammond, Kingsbridge North, LLC, Owner
3. Jarron Langston, Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this day of A R , 2017, by and between City of Meridian, a municipal
corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue,
Meridian, Idaho 83642 and Jack Hammond, Kingsbridge North, LLC, whose address is 3728 E.
Vantage Pointe Lane, Meridian, Idaho 83642, hereinafter called OWNER and Jarron Langston,
whose address is 9563 W. Harness Drive, Boise, Idaho 83709, hereinafter called 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
full, 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 ofthe subject
Property, and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section 11-513-3 of the Unified Development Code ("UDC"), which
authorizes development agreements upon the annexation and/or re -zoning of
land; and
1.4 WHEREAS, Owner and/or Developer has submitted an application for the
annexation of approximately 5.06 acres of land with the R-4 (Medium Low
Residential) zoning district in Ada County (as described in Exhibit "A"),
under the Unified Development Code, which generally describes how the
Property will be developed and what improvements will be made; and
1.5 WHEREAS, Owners and/or Developer made representations at the public
hearings both before the Meridian Planning & Zoning Commission and
before the Meridian City Council, as to how the Property will be developed
and what improvements will be made; and
DEVELOPMENT AGREEMENT- CASTLEBRIDGE SUBDIVISION, FORMERLY KINGSBRIDGE NORTH SUBDIVISION (H-2017-0065)
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1.6 WHEREAS, the record of the proceedings for the requested rezone on the
Property held before the Planning & Zoning Commission, and subsequently
before 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 6h day of September, 2017, the Meridian City Council
approved certain Findings of Fact and Conclusions of Law and Decision and
Order ("Findings"), which have been incorporated into this Agreement and
attached as Exhibit `B"; and
1.8 WHEREAS, the Findings require the Owner and/or Developer to enter into a
Development Agreement before the City Council takes final action on final
plat; and
1.9 WHEREAS, Owner and/or Developer deems it to be in its best interest to be
able to enter into this Agreement and acknowledges that this Agreement was
entered into voluntarily and at its urging and request; and
1.10 WHEREAS, City requires the Owner and/or Developer to enter into a
development agreement for the purpose of ensuring that the Property is
developed and the subsequent use of the Property is in accordance with the
terms and conditions of this Agreement, herein being established as a result
of evidence received by the City in the proceedings for zoning designation
from government subdivisions providing services within the planning
jurisdiction and from affected property owners and to ensure zoning
designation are in accordance with the amended Comprehensive Plan of the
City of Meridian on October 11, 2016, Resolution No. 16-1173, and the
UDC, Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual and
binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and
phrases herein contained in this section shall be defined and interpreted as herein provided for,
unless the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, a party to this Agreement,
which is a municipal Corporation and government subdivision of the state of
Idaho, organized and existing by virtue of law of the State of Idaho, whose
address is 33 East Broadway Avenue, Meridian, Idaho 83642.
DEVELOPMENT AGREEMENT- CASTLEBRIDGE SUBDIVISION, FORMERLY KiNGSBRIDGE NORTH SUBDIVISION (H-2017-0065)
PAGE 2 OF 8
3.2 OWNER: means and refers to Jack Hammond, Kingsbridge North, LLC,
whose address is 3728 E. Vantage Pointe Lane, Meridian, Idaho 83642 the
party that owns said Property and shall include any subsequent owner(s) of
the Property.
3.3 DEVELOPER: means and refers to Jarron Langston, whose address is 9563
W. Harness Drive, Boise, Idaho 83709 the party that is developing said
Property and shall include any subsequent developer(s) of the Property.
3.4 PROPERTY: means and refers to that certain parcel(s) of Property located
in the County of Ada, City of Meridian as described in Exhibit "A"
describing the parcels to be annexed and zoned Medium Low Density
Residential (R-4) zoning districts and attached hereto and by this reference
incorporated herein as if set forth at length.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the
right to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner and/or Developer shall develop the Property in accordance with the
following special conditions:
a. Future development of this site shall be generally consistent with the preliminary plat,
landscape plan and building elevations depicted in Exhibit A of the Staff Report and
the conditions noted in said staff report that is attached to the Findings of Fact and
Conclusions of Law, attached hereto as Exhibit `B.
b. The Owner/Developer shall be responsible for all costs associated with the sewer and
water service extension.
c. The existing home proposed to remain on a lot within the subdivision is required to
hook up to City water and sewer service within 60 days of it being available to said
lot.
d. The existing domestic well and septic system within this project shall be removed
from domestic service, per City Ordinance 5-7-517, when services are available from
the City of Meridian. The well may be used for non-domestic purposes such as
landscape irrigation.
6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6)
months after the date of the Findings for the annexation and zoning or it is null and void.
DEVELOPMENT AGREEMENT- CASTLEBRIDGE SUBDIVISION, FORMERLY KINGSBRIDGE NORTH SUBDIVISION (H-2017-0065
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7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
7.1 Acts of Default. Either party's failure to faithfully comply with all of the
terms and conditions included in this Agreement shall constitute default
under this Agreement.
7.2 Notice and Cure Period. In the event of Owner and/or Developer's default
of this Agreement, Owner and/or Developer shall have thirty (30) days from
receipt of written notice from City to initiate commencement of action to
correct the breach and cure the default, which action must be prosecuted with
diligence and completed within one hundred eighty (180) days; provided,
however, that in the case of any such default that cannot with diligence be
cured within such one hundred eighty (180) day period, then the time allowed
to cure such failure may be extended for such period as may be necessary to
complete the curing of the same with diligence and continuity.
7.3 Remedies. In the event of default by Owner and/or Developer that is not
cured after notice as described in Section 7.2, Owners and/or Developer shall
be deemed to have consented to modification of this Agreement and de -
annexation and reversal of the zoning designations described herein, solely
against the offending portion of Property and upon City's compliance with all
applicable laws, ordinances and rules, including any applicable provisions of
Idaho Code §§ 67-6509 and 67-6511. Owner and/or Developer reserve all
rights to contest whether a default has occurred. This Agreement shall be
enforceable in the Fourth Judicial District Court in Ada County by either City
or Owner and/or Developer, or by any successor or successors in title or by
the assigns of the parties hereto. Enforcement may be sought by an
appropriate action at law or in equity to secure the specific performance of
the covenants, agreements, conditions, and obligations contained herein.
7.4 Delay. In the event the performance of any covenant to be performed
hereunder by either Owner and/or 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.
7.5 Waiver. A waiver by City of any default by Owner and/or Developer of any
one or more of the covenants or conditions hereof shall apply solely to the
default and defaults waived and shall neither bar any other rights or remedies
of City nor apply to any subsequent default of any such or other covenants
and conditions.
DEVELOPMENT AGREEMENT - CASTLEBRIDGE SUBDIVISION, FORMERLY KINGSBRIDGE NORTH SUBDIVISION (H-2017-0065
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8. INSPECTION: Owner and/or Developer shall, immediately upon completion of
any portion or the entirety of said development of the Property as required by this Agreement or by
City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and
written approval of such completed improvements or portion thereof in accordance with the terms
and conditions of this Agreement and all other ordinances of the City that apply to said Property.
9. REQUIREMENT FOR RECORDATION: City shall record this Agreement,
including all of the Exhibits, and submit proof of such recording to Owner and/or Developer, prior to
the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property
by the City Council. If for any reason after such recordation, the City Council fails to adopt the
ordinance in connection with the annexation and zoning of the Property contemplated hereby, the
City shall execute and record an appropriate instrument of release of this Agreement.
10. ZONING: City shall, following recordation of the duly approved Agreement, enact a
valid and binding ordinance zoning the Property as specified herein.
11. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the
UDC, to insure the installation of required improvements, which the Owner and/or Developer agree
to provide, if required by the City.
12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued
in any phase in which the improvements have not been installed, completed, and accepted by the
City, or sufficient surety of performance is provided by Owner and/or Developer to the City in
accordance with Paragraph 11 above.
13. ABIDE BY ALL CITY ORDINANCES: That Owner and/or Developer agree to
abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement.
14. NOTICES: Any notice desired by the parties and/or required by this Agreement
shall be deemed delivered if and when personally delivered or three (3) days after deposit in the
United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed
as follows:
CITY:
City Clerk
City of Meridian
33 E. Broadway Ave.
Meridian, Idaho 83642
OWNER:
Jack Hammond, Kingsbridge North, LLC
3728 E. Vantage Pointe Lane
Meridian, Idaho 83642
with copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
DEVELOPER:
Jarron Langston
9563 W. Harness Drive
Boise, Idaho 83709
DEVELOPMENT AGREEMENT- CASTLEBRIDGE SUBDIVISION, FORMERLY KINGSBRIDGE NORTH SUBDIVISION (H-2017-0065)
PAGE 5 OF 8
14.1 A party shall have the right to change its address by delivering to the other
party a written notification thereof in accordance with the requirements of this section.
15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto
concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as
may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall
survive any default, termination or forfeiture of this Agreement.
16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time
is strictly of the essence with respect to each and every term, condition and provision hereof, and that
the failure to timely perform any of the obligations hereunder shall constitute a breach of and a
default under this Agreement by the other party so failing to perform.
17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure
to the benefit of the parties' respective heirs, successors, assigns and personal representatives,
including City's corporate authorities and their successors in office. This Agreement shall be
binding on the Owner and/or Developer, each subsequent owner and any other person acquiring an
interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or
portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any
successor owner or owners shall be both benefited and bound by the conditions and restrictions
herein expressed. City agrees, upon written request of Owner and/or Developer, to execute
appropriate and recordable evidence of termination of this Agreement if City, in its sole and
reasonable discretion, had determined that Owner and/or Developer have fully performed their
obligations under this Agreement.
18. INVALID PROVISION: If any provision of this Agreement is held not valid by a
court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement
and the invalidity thereof shall not affect any of the other provisions contained herein.
19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party
shall act reasonably in giving any consent, approval, or taking any other action under this Agreement.
20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action
or other proceeding instituted by any third 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.
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owner and/or Developer and City relative to the
subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral
or written, express or implied, between Owner and/or Developer and City, other than as are stated
herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or
addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and
signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a
duly adopted ordinance or resolution of City.
DEVELOPMENT AGREEMENT- CASTLEBRIDGE SUBDMSION, FORMERLY KINGSBRIDGE NORTH SUBDIVISION (H-2017-0065
PAGE 6 OF 8
21.1 No condition governing the uses and/or conditions governing re -zoning of the subject
Property herein provided for can be modified or amended without the approval of the
City Council after the City has conducted public bearing(s) in accordance with the
notice provisions provided for a zoning designation and/or amendment in force at the
time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the
date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in
connection with the annexation and zoning of the Property and execution of the Mayor and City
Clerk.
[end of text; signatures, acknowledgements, and Exhibits A and B follow]
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNER:
Kingsbridge North, LLC
By: ack Hammon
DEVELOPER:
Cily 'r
JarronL�`angston ('F'�
-�►'L IDIgIDAHO
SEAL
CITY OF MERIDIAN ATTEST;
By: f - A
Mayor T mmy e Weerd C.Jay Cole ity erk
DEVELOPMENT AGRFEMENT- CASTLFBRIDGE SUBDIVISION, FORMERLY KINGSBRIDGE NORTH SUBDIVISION (14-2017-0065)
PAGE 7 OF 8
STATE OF IDAHO
. ss:
Country of Ada,
On this , I q day of (2017, before me, the undersigned, a Notary Public in and for said State,
personally appeared Jacic Hammond known or identified to me to be the 0 ( wA" of Kingsbridge
North, LLC who signed above and acknowledged to me that he executed the same on behalf of said company.
STATE OF IDAHO
County of Ada,
;REOF, I have hereunto set my hand and affixed my official seal the day and year in this
ss:
Notary Public for Idaho
Residing at: dJ OL�
My Commission Expires: 01
On this 19 day of-'#�"--" ', 2017, before me, the undersigned, a Notary Public in and for said State,
personally appcared Jarron Langston known or identified to me to be the person who signed above and acknowledged
to me that he executed the same.
WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
(SIAL)
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STATE OF IDAHO )
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Notary Public for Idahp
Residing at: ��
My Cornlnission Expires:,
County of Ada )
On this r day of �°vr_ ht., 2017, before me, a Notary Public, personally appeared Tammy de Weerd
identified and C,Jay Coles, know or 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
certificate first above.*
hereunto set my hand and affixed my official seal the day and year in this
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Notary Public for Idaho
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DEVELOPMI3NTAGRFEMF.NT-CASTLEBRIDGE SUBDIVISION, FORMERLY KINGSBRIDGENORTH SUBDIVISION (H-2017-0065)
PAGE 8 OF 8
EXHIBIT A
Kingsbridge North Subdivision - 1 -
Legal Description & Exhibit Map for Annexation Boundary
EXHIBIT A
Kingsbridge North Subdivision - 2 -
EXHIBIT A
Kingsbridge North Subdivision - 3 -
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2017-0065 - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for Annexation and Zoning of 5.06 Acres of Land with an R-4
Medium Low-Density Residential) Zoning District; and a Preliminary Plat Consisting of Ten (10)
Single-Family Residential Building Lots and Two (2) Common Lots on 5.06 Acres of Land in the R-
4 Zoning District for Kingsbridge North Subdivision, by Jarron Langston.
Case No(s). H-2017-0065
For the City Council Hearing Date of: August 15, 2017 (Findings on September 5, 2017)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of August 15, 2017, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of August 15, 2017, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of August 15,
2017, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of August 15, 2017, 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 at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the 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.
EXHIBIT B
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2017-0065 - 2 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of August 15, 2017, 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 annexation and zoning and preliminary plat is hereby approved per
the conditions of approval in the Staff Report for the hearing date of August 15, 2017, attached
as Exhibit A, with the requirement of a development agreement.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final plat, or
short plat shall become null and void if the applicant fails to obtain the city engineer’s signature
on the final plat within two (2) years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat (UDC 11-6B-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two (2) years, may be considered for
final approval without resubmission for preliminary plat approval (UDC 11-6B-7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City
Engineer’s signature on the final plat not to exceed two (2) years. Additional time extensions up
to two (2) years as determined and approved by the City Council may be granted. With all
extensions, the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again (UDC 11-
6B-7C).
Notice of 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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2017-0065 - 3 -
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six (6) month approval
period.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of August 15, 2017
By action of the City Council at its regular meeting held on the day of
2017.
COUNCIL PRESIDENT KEITH BIRD VOTED
COUNCIL VICE PRESIDENT JOE BORTON VOTED
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED__)?
COUNCIL MEMBER TY PALMER VOTED (h
COUNCIL MEMBER LUKE CAVENER VOTED /&i
COUNCIL MEMBER GENESIS MILAM VOTED Y
MAYOR. TAMMY de WEERD VOTED
TIE BREAKER)
Mayor T, in de Weerd
Q0p,
T ED Ali
Attest: o
I ( ily of w
E IDIANIj—
IDAHO
C:J y Cole SEAL
City Clerk
ko,
F,
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: - fDated: '
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2017-0065 - 4 -
EXHIBIT A
Kingsbridge North – AZ, PP H-2017-0065 PAGE 1
STAFF REPORT
Hearing Date: August 15, 2017
TO: Mayor & City Council
FROM: Sonya Allen, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Kingsbridge North – AZ, PP (H-2017-0065)
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, Jarron Langston, has submitted an application for annexation and zoning (AZ) of 5.06
acres of land with an R-4 (medium low-density residential) zoning district; and a preliminary plat
PP) consisting of 10 residential building lots and 2 common lots on 5.06 acres of land in the R-4
zoning district for Kingsbridge North Subdivision.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed AZ and PP applications in accord with the conditions of
approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D.
The Meridian Planning & Zoning Commission heard these items on June 22 and July 6, 2017.
At the public hearing, the Commission moved to recommend approval of the subject AZ and
PP requests.
a. Summary of Commission Public Hearing:
i. In favor: Todd Lakey, Borton-Lakey Law (Applicant’s Representative)
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Jarron Langston, Applicant’s Representative
v. Staff presenting application: Sonya Allen
vi. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
i. None
c. Key Issues of Discussion by Commission:
i. None
d. Commission Change(s) to Staff Recommendation:
i. At the request of Staff, modify condition #1.1.2K, 1.1.3H and 4.4 to change the width
requirement for the emergency access driveway on Lot 9 from 20 feet to a minimum of
12 feet with a minimum 5-foot wide landscape strip on each side, for a total of 22 feet
minimum; and modify condition #4.5 to require bollards instead of a gate across the
emergency access driveway to facilitate pedestrian access.
e. Outstanding Issue(s) for City Council:
i. The Applicant requests Council approval for the 15- to 30-foot wide easement for the
McDonald Lateral to be located within adjacent building lots (i.e. Lots 12, 13 & 15)
along the north and east boundaries of the property rather than in a common lot as
required by UDC 11-3A-6D (unless modified by Council at a public hearing). The UDC
requires irrigation easements wider than 10 feet to be placed in a common lot that is a
minimum of 20 feet wide and outside of a fenced area. Note: Staff supports the request as
EXHIBIT A
Kingsbridge North – AZ, PP H-2017-0065 PAGE 2
putting the easement within a common lot would create an open space corridor behind
building lots which wouldn’t be visible from the street.
The Meridian City Council heard these items on August 15, 2017. At the public hearing, the
Council approved the subject AZ and PP requests.
a. Summary of City Council Public Hearing:
i. In favor: Todd Lakey, Applicant’s Representative
ii. In opposition: None
iii. Commenting: Brent Bastian
iv. Written testimony: Jarron Langston, Applicant
v. Staff presenting application: Sonya Allen
vi. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
i. Would like the subdivision name changed because it’s not affiliated with the existing
Kingsbridge Subdivision.
c. Key Issues of Discussion by Council:
i. None
d. Key Council Changes to Staff/Commission Recommendation
i. City Council approved the applicant’s request for the McDonald Lateral easement to be
located within building lots rather than in a common lot (see condition #1.1.2l).
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2017-
0065, as presented in the staff report for the hearing date of August 15, 2017, with the following
modifications: (Add any proposed modifications).
Denial
After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0065,
as presented during the hearing on August 15, 2017, for the following reasons: (You should state
specific reasons for denial)
Continuance
I move to continue File Number H-2017-0065 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located at 3475 E. Falcon Drive, in the NW ¼ of Section 28, Township 3 North, Range
1 East. (Parcel No.: R3193250030)
B. Owners:
Carl Holm, Falcon View, LLC
3990 Gregg Circle
Pocatello, ID 83201
C. Applicant:
EXHIBIT A
Kingsbridge North – AZ, PP H-2017-0065 PAGE 3
Jarron Langston
9563 W. Harness Drive
Boise, ID 83709
D. Representative:
Same as Applicant
E. Applicant's Statement/Justification: Please see applicant’s narrative for this information.
V. PROCESS FACTS
A. The subject application is for annexation and preliminary plat. A public hearing is required before
the Planning & Zoning Commission and City Council on this matter, consistent with Meridian
City Code Title 11, Chapter 5.
B. Newspaper notifications published on: June 2, 2017 (Commission); July 28, 2017 (City Council)
C. Radius notices mailed to properties within 300 feet on: May 25, 2017 (Commission); July 20,
2017 (City Council)
D. Applicant posted notice on site(s) on: June 5, 2017 (Commission); August 1, 2017 (City Council)
VI. LAND USE
A. Existing Land Use(s) and Zoning: The subject property consists of a rural residential/agricultural
property zoned RUT in Ada County.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Single-family residential properties in Astoria Subdivision, zoned R-4
2. East: Rural residential properties in Golden Eagle Estates Subdivision, zoned RUT in Ada
County
3. South: Single-family residential properties in Kingsbridge Subdivision, zoned R-4
4. West: Single-family residential properties in Accommodations Subdivision, zoned R-4
C. History of Previous Actions: In 1974, this property was platted as Lot 7 in Golden Eagle Estates
Subdivision. A Record of Survey (#10003) was recorded in 2015 that slightly reconfigured this
property.
D. Utilities:
1. Location of sewer: A sanitary sewer main intended to serve the subject site currently exists
in the stub street along the south boundary of the subject parcel.
2. Location of water: Water mains intended to serve the subject site currently exist in the stub
street along the south boundary of the subject parcel, and at the end of E. Accommodations
Court.
3. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: The McDonald Lateral runs along the northeast corner of this site.
2. Hazards: Staff is unaware of any hazards that may exist on this site other than the lateral,
which is required to be piped unless otherwise approved by Council to be left open.
3. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District.
EXHIBIT A
Kingsbridge North – AZ, PP H-2017-0065 PAGE 4
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The Comprehensive Plan Future Land Use Map (FLUM) designates this property as Low Density
Residential (LDR). The LDR designation allows for the development of single-family homes on large
lots where urban services are provided. Uses may include single-family homes at gross densities of 3
dwelling units or less per acre.
The applicant proposes to develop this 5.06 acre site with nine (9) new single-family residential
homes, in addition to the existing home that is proposed to remain on a lot in the proposed
subdivision. A gross density of 1.9 dwelling units per acre (d.u./acre) is proposed consistent with the
density desired in LDR designated areas.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
Support a variety of residential categories (low-, medium-, medium-high and high-density
single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the
purpose of providing the City with a range of affordable housing opportunities.” (3.07.01E)
The proposed low density residential development will contribute to the range of housing
opportunities available in the City. Staff is unaware of how “affordable” the homes will be in
this development.
Permit new development only where urban services can be reasonably provided at the time
of final approval and development is contiguous to the City.” (3.01.01F)
City services are available to be extended by the developer to the proposed lots upon
development of the site in accord with UDC 11-3A-21.
Require new residential development to meet development standards regarding landscaping,
signage, fences and walls, etc.” (3.05.02C)
Landscaping is required to be provided in common area lots within the subdivision in accord
with the standards listed in UDC 11-3G-3E.
Protect existing residential properties from incompatible land use development on adjacent
parcels.” (3.06.01F)
The proposed residential development should be compatible with existing and future adjacent
rural residential/agricultural and low-medium density single-family residential uses.
Require common area in all subdivisions.” (3.07.02F)
A minimum of 0.25 of an acre (or 5%) of qualified open space is required to be provided with
this developments with lots in excess of 16,000 square feet in accord with the standards listed
in UDC 11-3G-3.
Require pedestrian access connectors in all new development to link subdivisions together to
promote neighborhood connectivity as part of a community pathway system.” (3.03.03B)
A pedestrian pathway is proposed from Falcon Drive at the northwest corner of the
development to the internal public street (Lyford Ct.) and also from Lyford Ct. to the east
boundary, which will provide for pedestrian connectivity between subdivisions.
Encourage infill development.” (3.04.02B)
The subject property is surrounded on three sides by land that has already been annexed and
developed in the City.
Require new urban density subdivisions which abut or are proximal to existing low density
EXHIBIT A
Kingsbridge North – AZ, PP H-2017-0065 PAGE 5
residential land uses to provide landscaped screening or transitional densities with larger,
more comparable lot sizes to buffer interface between urban level densities and rural
residential densities.” (3.05.02F)
The proposed plat depicts 10 lots that range in size from 0.38 to 0.51 of an acre which should
provide a transition between rural properties to the east and urban densities to the west and
south. Only 3 lots are proposed along the east boundary, which abut two existing acreage
lots in Golden Eagle Estates subdivision.
Review new development for appropriate opportunities to connect local roads and collectors
to adjacent properties (stub streets). (3.03.020)
There is an existing stub street at the south boundary (S. Lyford Ave.) that is proposed to be
extended with this development. A street with a cul-de-sac (E. Falcon Drive) exists at the
northwest corner of the site; however, because the existing home is proposed to be retained
on the site in a lot in the proposed subdivision, the street is not proposed to be extended, only
an emergency access is proposed.
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to
provide for a range of housing opportunities consistent with the Meridian comprehensive plan.
Residential districts are distinguished by the dimensional standards of the corresponding zone and
housing types that can be accommodated.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the principal permitted
P), accessory (A), conditional (C), and prohibited (-) uses in the R-4 district. Any use not
explicitly listed, or listed as a prohibited use is prohibited. Single-family detached dwellings are
listed as a principal permitted use in the R-4 district.
C. Dimensional Standards: Development of the site should be consistent with the dimensional
standards listed in UDC Tables 11-2A-5 for the R-4 zoning district.
D. Landscaping: Landscaping shall be required in accordance with the standards listed in UDC 11-
3G-3E.
E. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single-
family dwellings.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
1. Annexation & Zoning
The applicant has applied for annexation and zoning of 5.06 acres of land from the RUT
zoning district in Ada County to the R-4 zoning district in the City. The property is proposed
to develop with nine (9) new single-family residential detached homes in addition to the
existing home that is proposed to remain on a lot in the proposed subdivision.
The proposed R-4 zoning is consistent with the FLUM designation of LDR for this site as
stated above in Section VII.
The legal description submitted with the application, included in Exhibit C, shows the
boundaries of the property proposed to be annexed and rezoned. The property is contiguous
to land that has been annexed into the City and is within the Area of City Impact boundary.
EXHIBIT A
Kingsbridge North – AZ, PP H-2017-0065 PAGE 6
The City may require a development agreement (DA) in conjunction with an annexation
pursuant to Idaho Code section 67-6511A. To ensure the property develops as proposed and
the existing home hooks up to City services, staff recommends a DA is required as a
provision of annexation.
2. Preliminary Plat
The proposed plat consists of 10 single-family residential building lots and 2 common lots on
5.06 acres of land in the proposed R-4 zoning district (see Exhibit A.2). The minimum
property size is 16,409 square feet (s.f.) with an average lot size of 18,731 s.f. A gross density
of 1.9 dwelling units per acre (d.u./acre) is proposed, consistent with the LDR designation of
3 or fewer units per acre. The subdivision is proposed to develop in one phase.
Existing Structures: There is an existing home on this site that is proposed to remain on Lot
17 at the end of E. Falcon Drive; all other accessory structures on the site should be removed
prior to signature on the final plat by the City Engineer. Staff has verified that the existing
home complies with the setback standards for the R-4 district listed in UDC Table 11-2A-5.
The existing domestic well and septic system for the existing home shall be removed from
domestic service, per City Ordinance 5-7-517, when services are available from the City of
Meridian. The well may be used for non-domestic purposes such as landscape irrigation.
Dimensional Standards: Development of this site is required to comply with the
dimensional standards listed in UDC 11-2A-3 and Table 11-2A-5 for the R-4 district and the
subdivision design and improvement standards listed in UDC 11-6C-3. Staff has verified that
the proposed plat complies with these standards.
Access: Access to streets should comply with the standards listed in UDC 11-3A-3. Access is
proposed for this development via an existing stub street (S. Lyford Ave.) at the south
boundary. Access for the existing home will remain via Falcon Drive.
A 20-foot wide common lot with a 10-foot wide emergency access only driveway is proposed
via Falcon Drive to S. Lyford Avenue on Lot 9. The access driveway is required to be a
minimum of 20-feet in width per Fire Department construction standards (see condition
4.4 in Exhibit B); the UDC (11-3B-12C) requires a minimum of 5 feet of landscaping
on either side of the road/pathway for a total of a minimum 30-foot wide common lot.
A gate should be provided at both ends of the emergency access driveway in accord with
Fire Department standards. Because the emergency access driveway does not abut
right-of-way on E. Falcon Drive, an access easement is required to be obtained from the
Accommodations Subdivision Homeowner’s Association through Lot 16, Block 1.
Staff is not recommending a stub street is provided to the east because of the lateral that
exists along the east boundary and because there are already two stub streets to the east, north
of this property (E. Shaver Ct. & E. Cullen St.) and one further to the east from the south (S.
Stockenham Ave.).
A Traffic Impact Study (TIS) was not required by ACHD for this development.
Streets: All of the proposed streets are public.
Common Driveways: Common driveways are required to comply with the standards listed
in UDC 11-6C-3D. A common driveway is proposed for access to Lots 8 and 10; the
driveway is currently on the same lot as the emergency access and pathway; Staff
recommends the common driveway be on a separate lot with an easement for access to Lots 8
and 10 and an emergency access easement.
EXHIBIT A
Kingsbridge North – AZ, PP H-2017-0065 PAGE 7
Parking: Off-street parking is required to be provided on each residential lot in accord with
the standards listed in UDC 11-3C-6. For 2, 3 and 4 bedroom units, a minimum of 4 off-street
parking spaces are required with at least 2 of those in an enclosed garage; other spaces may
be enclosed or a minimum 10’ x 20’ parking pad.
Landscaping: Landscaping is required to be provided in the proposed development as set
forth in UDC 11-3B. A landscape plan was submitted with this application for the area
proposed to be platted as shown in Exhibit A.3.
Landscaping within internal common areas is required to comply with the standards listed in
UDC 11-3A-17E (parkways), 11-3B-12C (pathways) and 11-3G-3E (open space).
Landscaping is not depicted on the landscape plan within the parkways; a revised plan should
be submitted with the final plat application that complies with the standards listed in UDC
11-3A-17E.
Landscaping is required along all pathways in accord with the standards listed in UDC 11-
3B-12C. A minimum 5-foot wide landscape strip is required on each side of all pathways.
Tree Mitigation: Mitigation is required for all existing trees 4” caliper or greater that are
removed from the site with equal replacement of the total calipers lost on the site up to an
amount of 100% replacement.
There are a lot of existing trees on the site that are proposed to be removed. The applicant
should coordinate with Elroy Huff, City Arborist, to confirm mitigation requirements
prior to removal of any trees from the site. Mitigation calculations should be depicted on
the landscape plan submitted with the final plat application.
Parkways: All parkways shall be constructed and landscaped in accord with the standards
listed in UDC 11-3A-17. Seven-foot wide parkways are proposed along local streets
throughout this development; root barriers along with landscaping are required as set
forth in UDC 11-3A-17E. The root barriers should be depicted on the street section for
S. Lyford Court.
Open Space: Qualified open space is required to be provided within the development as set
forth in UDC 11-3G-3B. Because the area of the preliminary plat is over 5 acres in size and
all of the lots contain a minimum of 16,000 square feet, a minimum of 5% (or 0.25 of an
acre) qualified open space is required to be provided.
The applicant proposes a total of 0.31 of an acre of qualified open space consisting of all of
the common area within Lots 9 and 14 where the pathways are proposed and the 7-foot wide
parkways along internal local streets.
Site Amenities: A minimum of one site amenity is required to be provided within this
development as set forth in UDC 11-3G-3.
Pedestrian pathways are proposed as amenities which will provide interconnectivity between
this development and existing developments to the west and future development to the east.
Pathways: Pathways are required to comply with the standards listed in UDC 11-3A-8 and
11-3B-12C.
A pathway/emergency access road is proposed from the west via Falcon Drive to S. Lyford
Avenue on Lot 9; and a 5-foot wide pathway is proposed within Lot 14 to the property
boundary to the east for future extension and interconnectivity.
EXHIBIT A
Kingsbridge North – AZ, PP H-2017-0065 PAGE 8
Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. A
5-foot wide detached sidewalk is proposed along all internal local streets within the
development.
Utilities: All development is required to connect to the City water and sewer system unless
otherwise approved by the City Engineer in accord with UDC 11-3A-21.
Sewer and water services will be extended into the site from existing main lines. The existing
home proposed to remain on a lot within the subdivision is required to hook up to City
water and sewer service within 60 days of it being available to said lot.
Street lighting is required to be installed within the development in accord with the City’s
adopted standards, specifications and ordinances.
Pressurized Irrigation (PI): An underground PI system is required to be provided to each
lot in the subdivision in accord with UDC 11-3A-15 and shall be operated and maintained by
the Homeowner’s Association.
Storm Drainage: A storm drainage system is required for the development in accord with
the City’s adopted standards, specifications and ordinances. Design and construction shall
follow best management practice as adopted by the City in accord with UDC 11-3A-18.
Waterways: The McDonald Lateral runs along the east and north boundaries of this site
within an irrigation easement ranging from 15-30 feet in width as depicted on the plat. The
applicant proposes to relocate the lateral and associated easement and pipe it along the rear of
the building lots (Lots 12, 13 & 15).
The UDC (11-3A-6D) requires irrigation easements wider than 10 feet to be included in a
common lot that is a minimum of 20 feet wide and outside of a fenced area, unless modified
by City Council at a public hearing with notice to surrounding property owners. The
applicant has requested Council approval of the easement to be located within adjacent
building lots as shown on the plat. Staff supports the request as putting the easement within
a common lot would create an open space corridor behind building lots which wouldn’t be
visible from the street.
Fencing: All fencing is required to comply with the standards listed in UDC 11-3A-6B and
11-3A-7.
A note (#15) on the preliminary plat states that all existing fences along the boundary shall
remain and all barb wire fences in the interior of the development shall be removed.
The developer is responsible for constructing fencing abutting pathways and common open
space lots to distinguish common from private areas. A typical fencing symbol is shown on
the plans adjacent to the common lots where the pathways are proposed; however, the type of
fencing isn’t called out in the legend and a detail of the fence isn’t included. Fencing details
should be included on a revised plan that complies with the standards listed in UDC 11-
3A-7A.7.
Building Elevations: The applicant has submitted conceptual renderings for this
development that depict what future homes will look like (see Exhibit A.4). Design review is
not required for single-family detached homes.
In summary, Staff recommends approval of the proposed annexation with the requirement of
a development agreement, and the preliminary plat with the conditions listed in Exhibit B of
this report in accord with the findings contained in Exhibit E.
EXHIBIT A
Kingsbridge North – AZ, PP H-2017-0065 PAGE 9
X. EXHIBITS
A. Drawings/Other
1. Zoning/Aerial Map
2. Proposed Preliminary Plat (dated: 5/15/17)
3. Proposed Landscape Plan (dated: 12/29/16)
4. Conceptual Building Elevations/Renderings
B. Agency & Department Comments/Conditions
C. Legal Description & Exhibit Map for Annexation Boundary
D. Required Findings from Unified Development Code
EXHIBIT A
2 -
A. Drawings
1. Zoning/Aerial Map
EXHIBIT A
3 -
2. Proposed Preliminary Plat (dated: 5/15/17)
EXHIBIT A
4 -
3. Proposed Landscape Plan (dated: 12/29/16)
EXHIBIT A
5 -
4. Conceptual Building Elevations/Renderings
EXHIBIT A
6 -
EXHIBIT A
7 -
EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS
1. PLANNING DEPARTMENT
1.1 Site Specific Conditions of Approval
1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the
annexation ordinance approval, 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. A final plat application shall
not be submitted until the DA is signed and approved by City Council.
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 annexation. The DA shall, at minimum,
incorporate the following provisions:
a. Future development of this site shall be generally consistent with the preliminary plat, landscape plan
and building elevations depicted in Exhibit A and the conditions noted in the staff report.
b. The Owner/Developer shall be responsible for all costs associated with the sewer and water service
extension.
c. The existing home proposed to remain on a lot within the subdivision is required to hook up to City
water and sewer service within 60 days of it being available to said lot.
d. The existing domestic well and septic system within this project shall be removed from domestic
service, per City Ordinance 5-7-517, when services are available from the City of Meridian. The well
may be used for non-domestic purposes such as landscape irrigation.
1.1.2 The preliminary plat included in Exhibit A.2, dated 5/15/17, shall be revised as follows:
a. Note #4: Remove the extra “.” at the end of the note.
b. Note #8: “Lot 9 Block 7 1, emergency fire access, waterline easement and walking path and Lot 15
14 Block 7 1 with a walk path and are to be common landscaped lots . to be owned and maintained by
the Homeowner’s Association.”
c. Note #9 needs to be revised to reflect the R-4 zone rather than the R-2 zone.
d. Note #10: Correct the Lot number (there are two Lot 17’s); correct the Block number from 7 to 1.
e. Note #12 states S. Lyford Ave. is to be an ACHD standard 50’ street section with rolled curb but a
portion of the street necks down to 45’ – revise accordingly.
f. Note #13: Remove the extra “(“.
g. Note #14: Correct spelling error “determined”
h. Note #16: “Lots 8 and 10 have shall have access via common lot 9, not off Lyford frontage.”
i. Depict a lot line on the northeast side of Lot 9.
j. Depict root barriers along the sidewalk and curb as set forth in UDC 11-3A-17E.2 for parkways less
than 8 feet in width.
k. Widen Lot 9 to a minimum of 30 22 feet in accord with as approved by the Fire Department standards
for emergency access and in accord with landscape requirements listed in UDC 11-3B-12C consisting
of a minimum 12-foot wide access driveway/pathway and 5-foot wide landscape strips on each side
of the pathway. The access road shall be constructed in accord with Fire Department standards as
listed in condition #4.4 below.
EXHIBIT A
8 -
l. Include the McDonald Lateral easement in a common lot outside of a fenced area as set forth in UDC
11-3A-6D unless otherwise modified by City Council. The applicant has requested Council approval
of the easement to be located within adjacent building lots. Council approved the applicant’s
request.
m. The common driveway for Lots 8 and 10 shall be on a separate common lot from the common lot
with the pathway and emergency access on Lot 9 and shall have an easement for access for Lots 8 and
10 and for emergency access. Remove the “Lot 14” text from Lot 13.
1.1.3 The landscape plan included in Exhibit A.3, dated 12/29/16, shall be revised as follows:
a. Extend the lot lines of Lot 14 to the east boundary of the site as shown on the preliminary plat.
b. Depict landscaping within parkways along internal streets landscaped in accord with the standards
listed in UDC 11-3A-17E. Root barriers are required for parkways less than 8 feet in width.
c. Include mitigation information on the plan in accord with the standards listed in UDC 11-3B-10C for
any existing 4” caliper or greater trees that are removed from the site that the City Arborist, Elroy
Huff, deems require mitigation. No trees shall be removed from the site until Mr. Huff inspects the
site and determines mitigation requirements.
d. Include the fencing symbol in the legend and include a detail of the proposed fencing in accord with
UDC 11-3A-7A.7.
e. Depict a gate at both ends of the pathway on Lot 9 in accord with Fire Department requirement #4.5.
f. Depict landscaping within the parkways as set forth in UDC 11-3A-17E.
g. Remove the “Lot 14” text from Lot 13.
h. Widen Lot 9 to a minimum of 30 22 feet in accord with as approved by the Fire Department standards
for emergency access and in accord with landscape requirements listed in UDC 11-3B-12C consisting
of a minimum 12-foot wide access driveway/pathway and 5-foot wide landscape strips on each side
of the pathway. The access road shall be constructed in accord with Fire Department standards as
listed in condition #4.4 below.
i. The common driveway for Lots 8 and 10 shall be on a separate common lot from the common lot
with the pathway and emergency access on Lot 9.
1.1.4 The developer shall provide a minimum of 0.25 acres (or 5%) of qualified open space within the
development as proposed in accord with the standards listed in UDC 11-3G-3B.
1.1.5 Submit an approval letter from the Ada County Surveyor for the proposed subdivision name.
1.1.6 The developer shall construct all proposed fencing and/or any fencing required by the UDC, consistent
with the standards as set forth in UDC 11-3A-7 and 11-3A-6B.
1.1.7 An access easement is required to be obtained from the Accommodations Subdivision Homeowner’s
Association through Lot 16, Block 1 for access to the emergency access driveway on Lot 9, Block 1. A
copy of said easement shall be submitted to the Planning Division prior to City Engineer signature on the
final plat.
1.1.8 Any existing structures on the site that are proposed to be removed shall be removed prior to signature on
the final plat by the City Engineer. All other structures proposed to remain on the site are required to
comply with the minimum setback standards for the R-4 zoning district listed in UDC Table 11-2A-5.
1.1.9 Submit an exhibit with the final plat application that depicts the setbacks, fencing, building envelope and
orientation of the lots and structures for all lots that are accessed by a common driveway (i.e. Lots 8 and
10, Block 1). Also depict the driveway for Lot 7 on the opposite side of the shared property line from
where the common driveway is location on Lot 9.
EXHIBIT A
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1.1.10 A perpetual ingress-egress easement for the common driveways proposed on the site 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.
1.2 General Conditions of Approval
1.2.1 Comply with all bulk, use, and development standards of the R-4 zoning district listed in UDC Table 11-
2A-5.
1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets.
1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in
UDC 11-3A-6.
1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-15, UDC
11-3B-6 and MCC 9-1-28.
1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J.
1.2.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-
family dwellings.
1.2.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B-7C.
1.2.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-11C.
1.2.10 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5 and 11-
3B-7C.
1.2.11 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including
but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers,
and mailbox placement.
1.2.12 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for
the loss of such trees as set forth in UDC 11-3B-10.
1.2.13 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle.
1.3 Ongoing Conditions of Approval
1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the
standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-
3B-5, UDC 11-3B-13 and UDC 11-3B-14.
1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in
UDC 11-3G-3F1.
1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval
associated with this site.
1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum
height of six feet above the ground or sidewalk surface to afford greater visibility of the area.
1.3.5 The applicant shall have an ongoing obligation to maintain all pathways.
1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in
UDC 11-3A-11.
1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and
constructed features within the clear vision triangle consistent with the standards in UDC 11 -3A-3.
EXHIBIT A
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1.4 Process Conditions of Approval
1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant
shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and
receive approval for such signs.
1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in
UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-
5C-3C.
1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set
forth in UDC 11-6B-3C2.
1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of
the signature of the City Engineer on the previous final plat as set forth in UDC 11-6B-7B (if applicable).
1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City
Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in
UDC 11-6B-7.
1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall
provide a written certificate of completion as set forth in UDC 11-3B-14A.
2. PUBLIC WORKS DEPARTMENT
2.1 SITE SPECIFIC CONDITIONS OF APPROVAL
2.1.1 Applicant shall be responsible for the abandonment of the existing well per General Conditions of
Approval 2.2.7.
2.1.3 Applicant shall be responsible for all associated costs and the physical connection to the sanitary sewer
and water systems for the existing home that is proposed to remain.
2.2 GENERAL CONDITIONS OF APPROVAL
2.2.1 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.
2.2.2 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.
2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way
include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility,
or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside
the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted
on the plat for reference purposes. Submit an executed easement (on the form available from Public
Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must
include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and
distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a
Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All
easements must be submitted, reviewed, and approved prior to development plan approval.
2.2.4 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
EXHIBIT A
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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.
2.2.5 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.
2.2.6 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 tiled 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.
2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City
Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-
5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as
landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at
208)334-2190.
2.2.8 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.
2.2.9 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.
2.2.10 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.
2.2.11 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.
2.2.12 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.
2.2.13 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.
2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may
be required by the Army Corps of Engineers.
2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.2.17 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.
2.2.18 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.
2.2.19 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
EXHIBIT A
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approved design plans. This certification will be required before a certificate of occupancy is issued for
any structures within the project.
2.2.20 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.
2.2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements
are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be
found at http://www.meridiancity.org/public_works.aspx?id=272.
2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%
of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat
signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The
surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must
file an application for surety, which can be found on the Community Development Department website.
Please contact Land Development Service for more information at 887-2211.
2.2.23 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 887-221.
3. POLICE DEPARTMENT
3.1 The Police Department has no comment on this application.
4. FIRE DEPARTMENT
4.1 One and two family dwellings not exceeding 3,600 square feet require a fire-flow of 1,000 gallons per
minute for a duration of 2 hours to service the entire project. One and two family dwellings in excess of 3,600
square feet require a minimum fire flow as specified in Appendix B of the International Fire Code. Fire
Hydrant spacing shall be provided as required by Appendix C of the International Fire Code.
4.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with
International Fire Code Section (IFC) 508.5.4 as follows:
a. Fire hydrants shall have the 4 ½” outlet face the main street or parking lot drive aisle.
b. Fire hydrants shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on corners when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10’.
f. Fire hydrants shall be placed 18” above finished grade to the center of the 4 ½” outlets.
g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within
1,000 feet of the project.
4.3 All entrances, internal roads, drive aisles, and alleys (including cul-de-sac) shall have a turning radius of
28’ inside and 48’ outside (drivable surface), per International Fire Code Section 503.2.4.
4.4 Private Alleys and Fire Lanes shall have a 20’ wide improved surface capable of supporting an
imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section
D103.6 Signs.
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4.5 This project will be required to provide a 20’ wide swing or rolling emergency access gate as set forth
in International Fire Code Sections 503.5 and 503.6 bollards at each end of the emergency access
driveway/pathway on Lot 9 to facilitate pedestrian access and prohibit vehicular access. The gate shall
be equipped with a Knoxbox padlock which has to be ordered thru the Meridian Fire Department. All
gates at the entrance to fire lanes shall be located a minimum of 30 feet from the roadway and shall
open away from the roadway, unless other provisions are made for safe personnel operations as set
forth in National Fire Protection Standard 1141, Section 5.3.17.
5. REPUBLIC SERVICES
5.1 The applicant shall revise the landscape plan to include a concrete pad at the end of the common drive no
more than 5 feet behind the sidewalk that is of sufficient area to accommodate the receptacles of the
residences that take access from the common driveway. Please contact Bob Olson at Republic Services
345-1265) for additional information.
6. PARKS DEPARTMENT
6.1 Mitigation is required for all existing trees 4-inch caliper or greater that are removed from the site in
accord with the standards listed in UDC 11-3B-10C.5. Contact Elroy Huff, City Arborist, at 208-489-
0589 to confirm mitigation requirements for the site prior to removal of any trees.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 Site Specific Conditions of Approval
7.1.1 Continue Lyford Avenue into the site as a 33-foot street section with curb and gutter within 45-feet of
right-of-way; and detached 5-foot wide sidewalk.
7.1.2 Construct Lyford Court as a 33-foot street section with curb and gutter within 45-feet of right-of-way; and
detached 5-foot wide sidewalk, terminating in a cul-de-sac with a minimum 45-foot turning radius.
7.1.3 If detached sidewalks are constructed and are located outside of the right-of-way, then a permanent right-
of-way easement should be provided.
7.1.4 Provide written approval from the appropriate fire department for the reduced street sections prior to final
plat.
7.1.5 Construct 1 knuckle, located east of Lyford Avenue; and construct 1 knuckle at the northwest corner of
the Lyford Avenue/Lyford Court intersection.
7.1.6 IF, the emergency access connects between Lyford Avenue and Falcon Drive, bollards should be placed
at both access points. Coordinate with ACHD and the Meridian Fire Depart on the design and restricting
the driveway for emergency purposes only.
7.1.7 Payment of impacts fees are due prior to issuance of a building permit.
7.1.8 Comply with all Standard Conditions of Approval.
7.2 Standard Conditions of Approval
7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all
easements). Any existing irrigation facilities shall be relocated outside of the ACHD right -of-way
including all easements).
7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the
ACHD right-of-way.
EXHIBIT A
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7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing
non-compliant pedestrian improvements abutting the site to meet current Americans with
Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of
ADA compliance to District Development Review staff for review.
7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
7.2.5 A license agreement and compliance with the District’s Tree Planter policy is required for all
landscaping proposed within ACHD right-of-way or easement areas.
7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right -of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant
shall be required to call DIGLINE (1 -811-342-1585) at least two full business days prior to
breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations
387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of
construction.
7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by
the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details.
7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC
Standards and approved supplements, Construction Services procedures and all applicable ACHD
Standards unless specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
7.2.10 Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and
signed by the applicant or the applicant’s authorized representative and an authorized representative
of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change
from ACHD.
7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan
and may require additional improvements to the transportation system at that time. Any change in
the planned use of the property which is the subject of this application, shall require the applicant to
comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a
waiver/variance of the requirements or other legal relief is granted by the ACHD Commission.
EXHIBIT A
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C. Legal Description & Exhibit Map for Annexation Boundary
EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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D. Required Findings from Unified Development Code
1. Annexation 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, the Council
shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive Plan;
The Applicant proposes to annex the subject 5.06 acre property with an R-4 zoning district consistent
with the LDR FLUM designation for this site for a single -family residential development. The City
Council finds the proposed development and zoning complies with the applicable provisions of the
Comprehensive Plan. (See section VII above for more information.)
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The City Council finds that the proposed map amendment to the R-4 zoning district is consistent with
the purpose statement for the residential districts as detailed in Section VIII above.
c. The map amendment shall not be materially detrimental to the public health, safety, and
welfare;
The City Council finds that the proposed map amendment will not be detrimental to the public health,
safety, or welfare. City utilities will be extended at the expense of the developer.
d. 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,
The City Council finds that the proposed zoning amendment will not result in any adverse impact
upon the delivery of services by any political subdivision providing services to this site.
e. The annexation is in the best of interest of the City (UDC 11-5B-3.E).
The City Council finds annexing this property with an R-4 zoning district as requested is in the best
interest of the City.
2. 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:
a. The plat is in conformance with the Comprehensive Plan;
The City Council finds that the proposed plat is in conformance with the Comprehensive plan.
Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more
information.)
b. Public services are available or can be made available and are adequate to accommodate
the proposed development;
The City Council finds that public services are available and are adequate to serve the proposed
development. (See Exhibit B of the Staff Report for more details from public service providers.)
EXHIBIT A
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c. 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, the City Council finds that the subdivision will not require the expenditure of capital
improvement funds.
d. There is public financial capability of supporting services for the proposed development;
Based on comments from public service providers in Exhibit B, the City Council finds there is public
financial capability of supporting services for the proposed development. (See Exhibit B for more
detail.)
e. The development will not be detrimental to the public health, safety or general welfare; and
The City Council finds the proposed development will not be detrimental to the public health, safety
or general welfare. ACHD considers road safety issues in their analysis.
f. The development preserves significant natural, scenic or historic features.
The City Council is unaware of any significant natural, scenic or historic features that exist on this
site.