The Keep FP H-2019-0053
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR KEEP SUBDIVISION (H-2019-0053)
Page 1 of 3
BEFORE THE MERIDIAN CITY COUNCIL
HEARING DATE: MAY 28, 2019
IN THE MATTER OF THE
REQUEST FOR FINAL PLAT
CONSISTING OF 59 BUILDING
LOTS 7 COMMON LOTS ON 53.48
ACRES OF LAND IN THE R-2
ZONING DISTRICT FOR KEEP
SUBDIVISION
BY: JARRON LANGSTON
APPLICANT
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CASE NO. H-2019-0053
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council on May 28, 2019 for final plat approval
pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the
Administrative Review is complete by the Planning and Development Services Divisions of the
Community Development Department, to the Mayor and Council, and the Council having
considered the requirements of the preliminary plat, the Council takes the following action:
IT IS HEREBY ORDERED THAT:
1. The Final Plat of “PLAT SHOWING KEEP SUBDIVISION, LOCATED IN THE
NE ¼ OF SECTION 5, T.2N., R.1E., B.M., CITY OF MERIDIAN, ADA
COUNTY, IDAHO, 2019, HANDWRITTEN DATE: 2/4/19, by LAWRENCE H.
KOERNER, PLS, SHEET 1 OF 6,” is conditionally approved subject to those
Meridian City Council Meeting Agenda June 11, 2019 – Page 91 of 396
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR KEEP SUBDIVISION (H-2019-0053)
Page 2 of 3
conditions of Staff as set forth in the staff report to the Mayor and City Council
from the Planning and Development Services divisions of the Community
Development Department dated May 28, 2019, a true and correct copy of which is
attached hereto marked “Exhibit A” and by this reference incorporated herein, and
the response letter from Jarron Langston, a true and correct copy of which is
attached hereto marked “Exhibit B” and by this reference incorporated herein.
2. The final plat upon which there is contained the certification and signature of the
City Clerk and the City Engineer verifying that the plat meets the City’s
requirements shall be signed only at such time as:
2.1 The plat dimensions are approved by the City Engineer; and
2.2 The City Engineer has verified that all off-site improvements are
completed and/or the appropriate letter of credit or cash surety has been
issued guaranteeing the completion of off-site and required on-site
improvements.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the
City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review may be filed.
Meridian City Council Meeting Agenda June 11, 2019 – Page 92 of 396
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an
interest in real property which may be adversely affected by this decision may, within twenty-
eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho
Code§ 67-52.
By action of the City Council at its regular meeting held on the � 1-0 day of
Junes , 2019.
By:
Tammy de Weerd
Wojeo AUGUST Mayor, City of Meridian
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Copy served upon the Applicant, Planning and Development Services Divisions of the Community
Development Department and City
Attorney.
By: �Q
Dated: to-11-2.ot q
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR KEEP SUBDIVISION (H-2019-0053)
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EXHIBIT A
Page 1
HEARING
DATE:
5/28/2019
TO: Mayor & City Council
FROM: Sonya Allen, Associate Planner
208-884-5533
Bruce Freckleton, Development
Services Manager
208-887-2211
SUBJECT: H-2019-0053
Keep Subdivision
LOCATION: Southwest corner of S. Eagle Rd. and E.
Lake Hazel Rd., in the NE ¼ of Section
5, T.2N., R.1E.
I. PROJECT DESCRIPTION
The Applicant proposes a Final Plat consisting of 59 building lots and 7 common lots on 53.48 acres
of land in the R-2 zoning district.
II. APPLICANT INFORMATION
A. Applicant:
Jarron Langston – 9563 W. Harness Dr., Boise, ID 83709
B. Owner:
Jack Hammond, JHP 2 Inc. – 3728 E. Vantage Pointe, Meridian, ID 83642
C. Representative:
Same as Applicant
III. STAFF ANALYSIS
Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary
plat in accord with the requirements listed in UDC 11-6B-3C.2. There is one fewer building lot in
Block 2 depicted on the final plat than on the approved preliminary plat. Because the number of
buildable lots is fewer and the common area is the same as shown on the approved preliminary plat,
staff deems the final plat in substantial compliance with the approved preliminary plat as required.
Amenities are proposed as follows: a tot lot with children’s play equipment, a 16’ x 16’ gazebo,
enclosed bicycle storage, micro-pathways and 5% additional open space.
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
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IV. DECISION
Staff recommends approval of the proposed final plat within the conditions noted in Section VIII
of this report.
V. EXHIBITS
A. Preliminary Plat (date: 3/28/2018)
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B. Final Plat (date: 2/4/2019)
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C. Landscape Plan (dated: 5/23/19)
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D. Amenity Details
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VI. CITY/AGENCY COMMENTS & CONDITIONS
A. Planning Division
Site Specific Conditions:
1. Applicant shall comply with all previous conditions of approval associated with this
development (H-2018-0043, Development Agreement #2019-031102).
2. The applicant shall obtain the City Engineer’s signature on the subject final plat within two
years of City Council approval of the preliminary plat (by August 7, 2020), or apply for a
time extension, in accord with UDC 11-6B-7.
3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the
accompanying acknowledgement signed and notarized.
4. The final plat prepared by Compass Land Surveying stamped on 2/4/2019 by Lawrence H.
Koerner, included in Section VII.B shall be revised as follows:
a. Correct plat title as follows, “Plat of Keep Subdivision”
b. Add note: “Direct lot access to E. Lake Hazel Rd. and S. Eagle Rd. is prohibited”.
c. Note #3: Include recorded instrument number.
d. Note #6: Change “resubmission” to “re-subdivision” if appropriate.
e. Change “W.” Lake Hazel Rd. to “E.” Lake Hazel Rd.
f. The street frontage of Lot 4, Block 1 shall be widened to a minimum of 80 feet as set
forth in UDC Table 11-2A-4.
g. Lots 22, 24-25, Block 2 are restricted to one street access on one frontage, designated by
a note on the final plat.
h. Include recorded instrument numbers in the Legend on Sheets 1-3.
i. There are two different symbols for “Area of Right-of-Way Dedication” noted in the
Legend; the symbol depicted on the plat on Sheet 1 along E. Lake Hazel Rd. is different
from the symbol depicted on Sheets 2 and 3 for the same area – revise/delete accordingly.
j. Include a note for the temporary turnaround easement on Lot 16, Block 1 to terminate at
such time as E. Wickham St. is extended to the west and the turnaround is no longer
needed.
k. Include a note stating that Lots 22-24, Block 3 shall only take access from S. Rosings Pl.;
access via E. Bingley Dr. is prohibited.
5. The landscape plan prepared by Stack Rock Group, dated 2/5/19, needs to be revised as follows:
a. Include street buffer widths for S. Eagle Rd. and E. Lake Hazel Rd. in calculations table
that comply with the standards listed in UDC Table 11-2A-4.
b. Change “W.” Lake Hazel Rd. to “E.” Lake Hazel Rd.
c. In the Plant Schedule, include caliper size for Crimson King Maple (minimum 2” caliper).
d. Depict fencing along the rear of building lots along the Farr Lateral and adjacent to internal
common lots in accord with the standards listed in UDC 11-3A-7A.7.
6. The Developer is responsible for constructing a fence to distinguish common from private areas
along the rear of building lots abutting the Farr Lateral on Lot 1, Block 3.
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7. A 16’ x 16’ gazebo, children’s play structure, and enclosed bicycle storage shall be provided
as amenities for this development.
8. Future homes constructed in this development shall substantially comply with the conceptual
elevations approved with H-2018-0043 included in the Development Agreement.
9. The rear and/or sides of structures on lots that face S. Lake Hazel Rd. and S. Eagle Rd. (i.e.
Lots 2-6 and 8-12, Block 1; Lots 30-32, Block 2; and Lot 3, Block 3) shall incorporate
articulation through changes in two or more of the following: modulation (e.g. projections,
recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types, or other
integrated architectural elements to break up monotonous wall planes and roof lines that are
visible from the subject public streets. Single-story structures are exempt from this
requirement.
10. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat
and/or development agreement does not relieve the Applicant of responsibility for compliance.
B. Public Works
1. Site Specific Conditions:
1.1 Please address and incorporate the following street light concerns into the street light plans
developed for this project:
a. Reserve and utilize correct/current streetlight numbers.
b. Six (6) Type 1 streetlights 30' in Height with an 8' mast arm are required on Lake Hazel
Road. 30' high davit poles may be used on Lake Hazel to avoid conflicts with overhead
power lines.
c. Six (6) type 1 streetlights 30' in height with an 8' mast arm are required on Eagle Road
Frontage. Two lights on the northern portion and four on the southern.
d. All type 1 lights are required to be metered.
2. General Conditions:
2.1 Sanitary sewer service to this development is available via extension of existing mains
adjacent to the development. The applicant shall install mains to and through this
subdivision; applicant shall coordinate main size and routing with the Public Works
Department, and execute standard forms of easements for any mains that are required to
provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe
to sub-grade is less than three feet than alternate materials shall be used in conformance
of City of Meridian Public Works Departments Standard Specifications.
2.2 Water service to this site is available via extension of existing mains adjacent to the
development. The applicant shall be responsible to install water mains to and through this
development, coordinate main size and routing with Public Works.
2.3 All improvements related to public life, safety and health shall be completed prior to
occupancy of the structures. Where approved by the City Engineer, an owner may post a
performance surety for such improvements in order to obtain City Engineer signature on
the final plat as set forth in UDC 11-5C-3B.
2.4 Upon installation of the landscaping and prior to inspection by Planning Department
staff, the applicant shall provide a written certificate of completion as set forth in UDC
11-3B-14A.
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2.5 A letter of credit or cash surety in the amount of 110% will be required for all incomplete
fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat.
2.6 The City of Meridian requires that the owner post with the City a performance surety in
the amount of 125% of the total construction cost for all incomplete sewer, water
infrastructure prior to final plat signature. This surety will be verified by a line item cost
estimate provided by the owner to the City. The applicant shall be required to enter into a
Development Surety Agreement with the City of Meridian. The surety can be posted in
the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an
application for surety, which can be found on the Community Development Department
website. Please contact Land Development Service for more information at 887-2211.
2.7 The City of Meridian requires that the owner post to the City a warranty surety in the
amount of 20% of the total construction cost for all completed sewer, and water
infrastructure for a duration of two years. This surety amount will be verified by a line
item final cost invoicing provided by the owner to the City. The surety can be posted in
the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an
application for surety, which can be found on the Community Development Department
website. Please contact Land Development Service for more information at 887-2211.
2.8 In the event that an applicant and/or owner cannot complete non-life, non-safety and non-
health improvements, prior to City Engineer signature on the final plat and/or prior to
occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C.
2.9 Applicant shall be required to pay Public Works development plan review, and
construction inspection fees, as determined during the plan review process, prior to the
issuance of a plan approval letter.
2.10 It shall be the responsibility of the applicant to ensure that all development features
comply with the Americans with Disabilities Act and the Fair Housing Act.
2.11 Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Army Corps of Engineers.
2.12 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.13 All grading of the site shall be performed in conformance with MCC 11-1-4B.
2.14 Compaction test results shall be submitted to the Meridian Building Department for all
building pads receiving engineered backfill, where footing would sit atop fill material.
2.15 The engineer shall be required to certify that the street centerline elevations are set a
minimum of 3-feet above the highest established peak groundwater elevation. This is to
ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above.
2.16 The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation
district or ACHD. The design engineer shall provide certification that the facilities have
been installed in accordance with the approved design plans. This certification will be
required before a certificate of occupancy is issued for any structures within the project.
2.17 At the completion of the project, the applicant shall be responsible to submit record
drawings per the City of Meridian AutoCAD standards. These record drawings must be
received and approved prior to the issuance of a certification of occupancy for any
structures within the project.
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2.18 Street light plan requirements are listed in section 6-7 of the Improvement Standards for
Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street
lights shall be installed at developer’s expense. Final design shall be submitted as part of
the development plan set for approval, which must include the location of any existing
street lights. The contractor’s work and materials shall conform to the ISPWC and the
City of Meridian Supplemental Specifications to the ISPWC. Contact the City of
Meridian Transportation and Utility Coordinator at 898-5500 for information on the
locations of existing street lighting.
2.19 The applicant shall provide easement(s) for all public water/sewer mains outside of
public right of way (include all water services and hydrants). The easement widths shall
be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be
dedicated via the plat, but rather dedicated outside the plat process using the City of
Meridian’s standard forms. The easement shall be graphically depicted on the plat for
reference purposes. Submit an executed easement (on the form available from Public
Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,
which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11”
map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be
sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a
note to the plat referencing this document. All easements must be submitted, reviewed,
and approved prior to signature of the final plat by the City Engineer.
2.20 Applicant shall be responsible for application and compliance with and NPDES
permitting that may be required by the Environmental Protection Agency.
2.21 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 Water
Department at (208)888-5242 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.
2.22 Any existing septic systems within this project shall be removed from service per City
Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for
abandonment procedures and inspections.
2.23 The City of Meridian requires that pressurized irrigation systems be supplied by a year-
round source of water (MCC 9-1-28.C.1). The applicant should be required to use any
existing surface or well water for the primary source. If a surface or well source is not
available, a single-point connection to the culinary water system shall be required. If a
single-point connection is utilized, the developer will be responsible for the payment of
assessments for the common areas prior to development plan approval.
2.24 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways,
intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall
be addressed per UDC 11-3A-6. In performing such work, the applicant shall comply
with Idaho Code 42-1207 and any other applicable law or regulation.
Meridian City Council Meeting Agenda June 11, 2019 – Page 107 of 396
From:Sonya Allen
To:"Jarron Langston"
Subject:RE: Keep Sub FP Staff Report REVISED
Date:Tuesday, May 28, 2019 9:33:59 AM
The code (11-2A-3B.1) states properties with street frontages on cul-de-sacs or at approximately a
90 degree angle shall be a minimum of 30’ measured as a chord measurement. It’s not a cul-de-sac
or a 90; I thought you could get another 10’+ from Lot 3 since it’s on a curve and meets the
aforementioned requirement for reduced frontage.
From: Jarron Langston <jarronlangston@gmail.com>
Sent: Friday, May 24, 2019 5:23 PM
To: Meridian City Clerk <MeridianCityClerk@meridiancity.org>; Sonya Allen
<sallen@meridiancity.org>
Subject: Re: Keep Sub FP Staff Report REVISED
Sonya,
Tried calling but got your Vm.
My engineer just called and re-read the conditions and On the Condition 4 f. With the 80’ of
frontage on that curve we asked Josh Specifically and he told us it would be the same frontage
requirement as in a culdesac or knuckle of 30’. Can you look into this again? The current
frontage should meet the requirement.
Thanks and Enjoy the Long Weekend!
Jarron
On Fri, May 24, 2019 at 1:02 PM Jarron Langston <jarronlangston@gmail.com> wrote:
City Clerk of Meridian,
Good afternoon!
We are in agreement with the conditions of approval contained in the staff report attached.
Please let me know if you need anything else from me or our team?
Thank you Sonya for your work in getting this done!
Jarron Langston
Commercial Leasing and Development
BOISE, IDAHO
C: 208-724-6239
jarronlangston@gmail.com
Check out Boise!!!
EXHIBIT B
Meridian City Council Meeting Agenda June 11, 2019 – Page 108 of 396
https://youtu.be/XRhGeau8RlE
https://youtu.be/ykdPMjEXx5s
City of Meridian
33 E. Broadway Ave., Meridian, Idaho 83642
Phone: 208-888-4433
www.meridiancity.org
All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to
the Idaho law, in regards to both release and retention, and may be released upon request,
unless exempt from disclosure by law.
--
Jarron Langston
Commercial Leasing and Development
Commercial Real Estate
BOISE, IDAHO
C: 208-724-6239
jarronlangston@gmail.com
Check out Boise!!!
https://youtu.be/XRhGeau8RlE
https://youtu.be/ykdPMjEXx5s
Meridian City Council Meeting Agenda June 11, 2019 – Page 109 of 396