Z - DA ADA COUNTY RECORDER Trent Tripple 2024-000209
BOISE IDAHO Pgs=38 BONNIE OBERBILLIG 01/03/2024 08:12 AM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
1. City of Meridian
PARTIES: 2. Quarter Horse Lane, LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this
2nd day of January 2024 ,by and between City of Meridian, a municipal corporation
of the State of Idaho, hereafter called CITY, whose address is 33 E. Broadway Avenue, Meridian,
Idaho 83642, and Quarter Horse Lane, LLC, whose address is PO Box 4067, Boise, ID, 83711,
hereinafter called OWNER/DEVELOPER.
1. RECITALS:
1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of
land in the County of Ada, State of Idaho, described in Exhibit "A", which is
attached hereto and by this reference incorporated herein as if set forth in 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 of the subject
Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section 11-5B-3 of the Unified Development Code("UDC"),which authorizes
development agreements upon the annexation and/or re-zoning of land; and
1.4 WHEREAS, Owner/Developer submitted an application for annexation and
zoning of 7.03 acres of land with a request for the R-8 (Medium-Density
Residential) zoning district on the property as shown in Exhibit"A"under the
Unified Development Code, which generally describes how the Property will
be developed and what improvements will be made; and
1.5 WHEREAS, Owner/Developer made representations at the public hearings
before Planning and Zoning Commission and the Meridian City Council as to
how the Property will be developed and what improvements will be made; and
1.6 WHEREAS, the record of the proceedings for requested rezoning held before
Planning and Zoning Commission and the City Council includes responses of
government subdivisions providing services within the City of Meridian
planning jurisdiction and includes further testimony and comment; and
1.7 WHEREAS, on the 2nd day of May,2023,the Meridian City Council approved
certain Findings of Fact and Conclusions of Law and Decision and Order
("Findings"), which have been incorporated into this Agreement and attached
as Exhibit"B;" and
DEVELOPMENT AGREEMENT—ALEXANDERs LANDING SUBDIVISION(H-2022-0084) PAGE 1 OF 7
1.8 WHEREAS, the Findings require the Owner/Developer to enter into a
Development Agreement before the City Council takes final action on final
plat; and
1.9 WHEREAS, Owner/Developer deem it to be in its best interest to be able to
enter into this Agreement and acknowledges that this Agreement was entered
into voluntarily and at its urging and request; and
1.10 WHEREAS, City requires the Owner/Developer to enter into a development
agreement for the purpose of ensuring that the Property is developed and the
subsequent use of the Property is in accordance with the terms and conditions
of this Agreement,herein being established as a result of evidence received by
the City in the proceedings for zoning designation from government
subdivisions providing services within the planning jurisdiction and from
affected property owners and to ensure zoning designation is in accordance
with the amended Comprehensive Plan of the City of Meridian on December
19, 2019, Resolution No. 19-2179, and the UDC, Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual and
binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and
phrases herein contained in this section shall be defined and interpreted as herein provided for,unless
the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, a party to this Agreement,
which is a municipal Corporation and government subdivision of the state of
Idaho, organized and existing by virtue of law of the State of Idaho, whose
address is 33 East Broadway Avenue, Meridian, Idaho 83642.
3.2 OWNER/DEVELOPER: means and refers to Quarter Horse Lane, LLC,
whose address is PO Box 4067, Boise, Idaho, 83711, hereinafter called
OA NER/DEVELOPER, the party that owns and is developing said Property
and shall include any subsequent owner(s)/developer(s) of the Property.
3.3 PROPERTY: means and refers to that certain parcel(s) of Property located
in the County of Ada, City of Meridian as in Exhibit "A" describing a parcel
to bound by this Development Agreement and attached hereto and by this
reference incorporated herein as if set forth at length.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right
to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed under
the UDC.
DEVELOPMENT AGREEMENT-ALExANDERS LANDING SUBDIVISION(H-2022-0084) PAGE 2 OF 7
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/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, common open space/site amenity exhibit and conceptual
building elevations included in Section VIII of the Staff Report attached to the
Findings of Fact and Conclusions of Law attached hereto as Exhibit `B" and the
provisions contained herein.
b. The existing home on Lot 1, Block 2 shall be required to connect to City water and
sewer service within 60 days of it becoming available and disconnect from private
service, as set forth in MCC 9-1-4 and 9-4-8.
c. Prior to the City Engineer's signature on the final plat, the non-conformity of the
home shall be remedied to meet the off-street parking regulations.
d. Prior to City Engineer's signature on the final plat, public street access shall be
extended from the Horse Meadows Subdivision.
e. The Applicant shall provide written documentation that they have relinquished
their rights to Quarter Horse Lane prior to the City Engineer's signature on the
final plat.
£ The Applicant shall submit a Performance Surety based upon 110%of an itemized
contractor's bid for the incomplete improvements for the temporary turnaround
area on Common Lot 10 prior to recordation of the final plat.
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.
7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
7.1 Acts of Default.In the event Owner/Developer,or Owner/Developer's heirs,successors,
assigns, or subsequent owners of the Property or any other person acquiring an
interest in the Property, fail to faithfully comply with all of the terms and conditions
included in this Agreement in connection with the Property, this Agreement may be
terminated by the City upon compliance with the requirements of the Zoning
Ordinance.
7.2 Notice and Cure Period. In the event of Owner/Developer's default of this
agreement, Owner/Developer shall have thirty (30) days from receipt of written
notice from City to initiate commencement of action to correct the breach and cure
the default,which action must be prosecuted with diligence and completed within one
hundred eighty (180) days; provided, however, that in the case of any such default
DEVELOPMENT AGREEMENT-ALExANDERS LANDING SUBDIVISION(H-2022-0084) PAGE 3 OF 7
that cannot with diligence be cured within such one hundred eighty(180)day period,
then the time allowed to cure such failure may be extended for such period as may be
necessary to complete the curing of the same with diligence and continuity.
7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice
from City as described in Section 7.2, City shall, upon satisfaction of the notice and
hearing procedures set forth in Idaho Code section 67-6511A, have the right, but not
a duty, to de-annex all or a portion of the Property, reverse the zoning designations
described herein, and terminate City services to the de-annexed Property, including
water service and/or sewer service. Further, City shall have the right to file an action
at law or in equity to enforce the provisions of this Agreement. Because the covenants,
agreements, conditions, and obligations contained herein are unique to the Property
and integral to City's decision to annex and/or re-zone the Property, City and
Owner/Developer stipulate that specific performance is an appropriate, but not
exclusive, remedy in the event of default. Owner/Developer reserves all rights to
contest whether a default has occurred.
7.4 Choice of Law and Venue. This Agreement and the rights of the parties hereto shall
be governed by and construed in accordance with the laws of the State of Idaho,
including all matters of construction, validity, performance, and enforcement. Any
action brought by any party hereto shall be brought within Ada County, Idaho.
7.5 Delay. hi the event the performance of any covenant to be performed hereunder by
either Owner/Developer or City is delayed for causes that are beyond the reasonable
control of the party responsible for such performance, which shall include, without
limitation, acts of civil disobedience, strikes or similar causes, the time for such
performance shall be extended by the amount of time of such delay.
7.6 Waiver. A waiver by City of any default by Owner/Developer of any one or more of
the covenants or conditions hereof shall apply solely to the default and defaults
waived and shall neither bar any other rights or remedies of City nor apply to any
subsequent default of any such or other covenants and conditions.
8. INSPECTION: Owner/Developer shall,immediately upon completion of any portion
or the entirety of said development of the Property as required by this Agreement or by City ordinance
or policy, notify the City Engineer and request the City Engineer's inspections and written approval
of such completed improvements or portion thereof in accordance with the terms and conditions of
this Agreement and all other ordinances of the City that apply to said Property.
9. REQUIREMENT FOR RECORDATION: City shall record this Agreement,
including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the
third reading of the Meridian Zoning Ordinance in connection with the rezoning of the Property by
the City Council. If for any reason after such recordation,the City Council fails to adopt the ordinance
in connection with the annexation and zoning of the Property contemplated hereby, the City shall
execute and record an appropriate instrument of release of this Agreement.
10. ZONING: City shall, following recordation of the duly approved Agreement, enact
a valid and binding ordinance zoning the Property as specified herein.
DEVELOPMENT AGREEMENT-ALExANDERS LANDING SUBDIVISION(H-2022-0084) PAGE 4 OF 7
11. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the
UDC, to insure the installation of required improvements, which the Owner/Developer agree to
provide, if required by the City.
12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued
in any phase in which the improvements have not been installed,completed,and accepted by the City,
or sufficient surety of performance is provided by Owner/Developer to the City in accordance with
Paragraph 11 above.
13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by
all ordinances of the City of Meridian unless otherwise provided by this Agreement.
14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall
be deemed delivered if and when personally delivered or three (3) days after deposit in the United
States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as
follows:
CITY: with copy to:
City Clerk City Attorney
City of Meridian City of Meridian
33 E. Broadway Ave. 33 E. Broadway Avenue
Meridian, Idaho 83642 Meridian, Idaho 83642
OWNER/DEVELOPER:
Quarter Horse Lane, LLC
PO Box 4067
Boise, ID 83711
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/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
DEVELOPMENT AGREEMENT-ALExANDERS LANDING SUBDIVISION(H-2022-0084) PAGE 5 OF 7
expressed. City agrees, upon written request of Owner and/or Developer, to execute appropriate and
recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion,
had determined that Owner and/or Developer have fully performed their obligations under this
Agreement.
18. INVALID PROVISION: If any provision of this Agreement is held not valid by a
court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement
and the invalidity thereof shall not affect any of the other provisions contained herein.
19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party
shall act reasonably in giving any consent, approval,or taking any other action under this Agreement.
20. REMOVED PROPERTY: The City is hereby authorized, in its sole discretion, to
remove a portion of the Property ("Removed Property") from this Agreement at any time, provided
that the City and the owner of the Removed Property concurrently enter into a modified development
agreement governing the development and use of the Removed Property. The remaining portion of
the Property,which has not been removed from this Agreement as described above, shall continue to
be bound by the terms of this Agreement.
21. COOPERATION OF THE PARTIES: In the event of any legal or equitable action
or other proceeding instituted by any third party (including a governmental entity or official)
challenging the validity of any provision in this Agreement, the parties agree to cooperate in
defending such action or proceeding.
22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owner/Developer and City relative to the subject
matter hereof, and there are no promises, agreements, conditions or understanding, either oral or
written, express or implied, between Owner/Developer and City, other than as are stated herein.
Except as herein otherwise provided,no subsequent alteration, amendment, change or addition to this
Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or
their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted
ordinance or resolution of City.
22.1 No condition governing the uses and/or conditions governing rezoning of the subject
Property herein provided for can be modified or amended without the approval of the
City Council after the City has conducted public hearing(s) in accordance with the
notice provisions provided for a zoning designation and/or amendment in force at the
time of the proposed amendment.
23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the
date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in
connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk.
[end of text; acknowledgements, signatures and Exhibits A and B follow]
DEVELOPMENT AGREEMENT-ALExANDERS LANDING SUBDIVISION(H-2022-0084) PAGE 6 OF 7
ACKNOWLEDGMENTS
IN WITNESS WI IEIZECIF, the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNER:
(quarter Horse Lane, LLC
By: —1206E;gr t f-4
Its:
STATE OF IDAHO
ss:
COUnty of Ada
On this IV" day of 2023, before me,the undersigned,a Notary Public in and for said State,
personally appeal ed--VzkQ-1A-T:R% known or identified to me to be the of
Quarter Horse Lane,LLC and the person who signed above-and acknowledged to me that he execu tithe same.
IN WITgW@!11TW, OF, I have hereunto set my hand and affixed my official seal the day and year in this
certificate first� ?ov4.wltIR •••.,
�AR y -
�; : ota Public
- a0a,. Commission Expires:
0- —
J,';.;4 , '.• per.`
•,•••,q 0000
OF ��••��•
CITY OF MEIYY&OAN' ATTEST:
By:
Mayor Robert E. Simison 1-2-2024 Chris Johnson. City Clerk 1-2-2024
STATE OF IDAHO )
ss
County of Ada
On this2nd day ofJanuary, 2024, before me, a Notary Public, personally appeared Robert E. Simison and
Chris Johnson, known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed
the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
ce11 ificate first above written.
Notary Public for Charlene Way
Idaho My
Commission Expires: 3-28-2028
PAO:7 or 7
DEVELOPNIFNr AGizi:i:M iNr-Ai.EXANDERS LANDING SUBDIVISION(11-2022-0084)
EXHIBIT A
Revised Annexation Description for
R-8 Zone
March 14, 2023
A parcel located in the Northwest 1/4 of the Southwest 1/4 of Section 10,
Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho more particularly
described as follows:
Commencing at the 1/4 corner common to Sections 9 and 10, T.3N., R.1 W.,
B.M., from which the Section corner common to Sections 9, 10, 15, and 16, T.3N.,
R.1 W., B.M., bears South 0°38'55"West, 2653.02 feet thence on the west boundary
line of said Section 10, South 00°38'55"West, 422.02 feet; thence leaving said west
boundary line, South 89021'54" East, 250.10 feet to the REAL POINT OF
BEGINNING;
thence continuing South 89021'54" East, 534.21 feet;
thence on a line parallel with the west boundary line of said Section 10, South
00038'55"West, 522.03 feet to the centerline of the Union Pacific Railroad;
thence on said centerline, North 88026'12" West, 784.41 feet to the west
boundary line of said Section 10;
thence on said west boundary line, North 00038'55" East, 130.01 feet;
thence leaving said west boundary line, South 88026'12" East, 264.79 feet;
thence North 01 032'22"West, 383.87 feet to the REAL POINT OF
BEGINNING.
Containing 7.03 acres, more or less.
End of Description.
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P:\Alexanders Landing 21-553\dwg\re4sed Annex Ex.dwg 3/14/2023 12:16:09 PM
Job No.
IDAHO Annexation Exhibit 21-553
B9955 OIS EMERALD ST.
SURVEY
soisE,iOAHo e3704 R-8 Zone Sheet No.
(208)846-8570 1
GROUP, LLC Located in the NW1/4 of the SW1/4 of Section 10, Dwg. Date
T.3N., RAW., B.M., Ada County, Idaho. 3/14/2023
EXHIBIT B
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW E IDIAN�
AND DECISION&ORDER
In the Matter of the Request for Annexation of 5.23 acres of land from RUT in Ada County to the
R-8 zoning district and Preliminary Plat consisting of 24 building lots and 4 common lots for
Alexanders Landing Subdivision, by Kent Brown Planning Services.
Case No(s).H-2022-0084
For the City Council Hearing Date of: April 18,2023 (Findings on May 2, 2023)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of April 18,2023, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of April 18, 2023, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of April 18,2023,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of April 18, 2023, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975,"codified at Chapter 65, Title 67,Idaho Code(I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified as
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by
ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian,
which was adopted December 17,2019, Resolution No. 19-2179 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s)received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision,which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Community Development Department, the Public Works Department and any affected party
requesting notice.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(ALEXANDERS LANDING SUBDIVISION-FILE H-2022-0084)
- 1-
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of April 18,2023, 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 § I I-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for Annexation, Zoning, and Preliminary Plat is hereby approved per
the conditions of approval in the Staff Report for the hearing date of April 18, 2023, attached as
Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat,combined preliminary and final plat, or
short plat shall become null and void if the applicant fails to obtain the city engineer's signature
on the final plat within two (2)years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat(UDC 11-6B-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 I I-
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 67-651IA. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s)and returned to the city within six(6)months of the city council granting the
modification.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(ALEXANDERS LANDING SUBDIVISION-FILE H-2022-0084)
-2-
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six(6)month approval
period.
E. Judicial Review
Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho
Code § 67-652 1(1)(a), an affected person aggrieved by this final decision may,within twenty-eight
(28)days after all remedies have been exhausted, including requesting reconsideration of this final
decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as
provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of
Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA.
F. Notice of Right to Regulatory Takings Analysis
Pursuant to Idaho Code §§ 67-652 1(1)(d)and 67-8003, an owner of private property that is the
subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory
takings analysis.
G. Attached: Staff Report for the hearing date of April 18, 2023
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(ALEXANDERS LANDING SUBDIVISION-FILE H-2022-0084)
-3-
By action of the City Council at its regular meeting held on the 2nd day of May
2023.
COUNCIL PRESIDENT BRAD HOAGLUN VOTED_AL)�E_
COUNCIL VICE PRESIDENT JOE BORTON VOTED-YE-
COUNCIL MEMBER JESSICA PERREAULT VOTED AYE
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER JOHN OVERTON VOTED AYE
COUNCIL MEMBER LIZ STRADER VOTED AYE
MAYOR ROBERT SIIVIISON VOTED
(TIE BREAKER)
Mayor Robert ison 5-2-2023
Attest:
� SF,AL
Chris Joh n 5 "-2`
City Clerk
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: N wW"- Dated: 5-2-2023
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(ALEXANDERS LANDING SUBDIVISION-FILE H-2022-0084)
-4-
STAFF REPORT
E COMMUNITY DEVELOPMENT DEVELOPMENT DEPARTMENT
HEARING March 14, 2023 continued to April 18, I legend
DATE: 2023
0
QProject Location :.t r: -- _
r
l
TO: Mayor&City Council
FROM: Stacy Hersh,Associate Planner
208-884-5533 -
SUBJECT: Alexanders Landing Subdivision -- ---
H-2022-0084
LOCATION: 4574 W. Quarterhorse Lane near the
Southeast corner of W.Pine Street and hit k
Black Cat Road., in the NW'/4 of the
SW'/4 of Section 10,Township 3N,
Range 1W. (Parcel#51210325711) + ;17
L PROJECT DESCRIPTION
Annexation of 5.23 acres of land from RUT in Ada County to the R-8 zoning district and preliminary plat
consisting of 24 building lots and 4 common lots for Alexanders Landing Subdivision.
IL SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 5.23 acres
Future Land Use Designation Medium Density Residential(MDR)
Existing Land Use Single-family residential(SFR)/ag
Proposed Land Use(s) SFR
Current Zoning Rural Urban Transition(RUT)in Ada County
Proposed Zoning R-8(Medium Density Residential)
Lots(9 and type;bldg/common) 24 building/4 common
Phasing plan(9 of phases) 1
Number of Residential Units(type 23 single-family detached units and 1 existing home
of units)
Density(gross&net) 4.59 units/acre(gross)
Open Space(acres,total[%]/ 0.78 acres(or 15%)
buffer/qualified)
Amenities Open Grassy Play Area,Walking Pathways with Benches,
Shade Structure
Physical Features(waterways, Purdam Gulch Drain to the south
hazards,flood plain,hillside)
Neighborhood meeting date 9/19/2022
History(previous approvals) None
B. Community Metrics
Description I Details Page
Ada County Highway
District
• Staff report Yes
(yes/no)
• Requires No
ACHD
Commission
Action
es/no
• Existing Quarterhorse Lane is an existing 16-foot-wide unpaved private road abutting the
Conditions site's north property line.
• CIP/IFYWP Capital Improvements Plan (CIPY Integrated Five Year Work Plan (IFYWP): There are no
roadways bridges or intersections in the general vicinity of the project that are In the Integrated
Five Year Work Plan IIFYWPI
Black Cat Road its Irsted in the CIP to be v,-dened to 5-lanes from Franklin Road to Cherry
Lane betveen 2031-2035
Access(Arterial/Collectors/State Black Cart Road is classified as a minor arterial roadway. Other than the
Hwy/Local)(Existing and Proposed) access specifically approved with this application off of W.Quarter Horse
Lane,direct lot access is prohibited to this roadway and should be noted
on the final plat.
Proposed Road Improvements None
Fire Service See Section IX.C
Police Service No comments received.
West Ada School District No comments received.
Distance(elem,ins,hs)
Capacity of Schools
#of Students Enrolled
Wastewater
• Distance to Sewer Services Directly adjacent
• Sewer Shed South Black Cat
• Estimated Project Sewer See application
ERU's
• WRRF Declining Balance 40,880 EDU
• Project Consistent with WW Yes
Master Plan/Facility Plan
• Impacts/Concerns See Public Works' Site-Specific Conditions in Section IX
Water
• Distance to Services Directly adjacent
• Pressure Zone 1
• Estimated Project Water See application
ERU's
• Water Quality Concerns None
• Project Consistent with Yes
Water Master Plan
• Impacts/Concerns See Public Works' Site-Specific Conditions in Section IX
C. Project Maps
Future Land Use Map Aerial Map
Legend Medium Denslt, legend
t! Residential 01Project Location
Low Civic
Density.- y1j�J i
Residential CAI
Med-High
General Density Irk
iL
Industrial Residential 's`
-4
Mixed '
Employment
Zoning Map Planned Development Map
R2
Aegend Rl R 8 Legend
oject Location R_4 []Project Location i!-
City Limits T
s RUT — Planned Parcels
R-15
R-8
- - .�- RUT Fi i .- - -•--•- .�- .� . - .--.-:�
R-15
- I M-E RUT �•1+y�-4:,R l '-
M1 M-E TN-R R 15 r:
R1
Ml C2 R 15 R-15'
RUT—R-•I5
�1 r--I � R-8 ,
M1 R m15 -; G;PZ%� iyiig®
III. APPLICANT INFORMATION
A. Applicant:
Kent Brown,Kent Brown Planning Services—3161 E. Springwood Drive, Meridian, ID 83642
B. Owner:
Robert Ritter,Quarter Horse Lane,LLC—PO Box 4067,Boise,ID 83711
C. Representative:
Same as Applicant
IV. NOTICING
Planning& Zoning City Council
Posting Date Posting Date
Newspaper notification
published in newspaper 1/29/2023 2/29/2023
Radius notification mailed to
property owners within 300 feet 1/27/2023 2/24/2023
Public hearing notice sign posted
2/4/2023 3/3/2023
on site
Nextdoor posting 1/30/2023 2/27/2023
V. COMPREHENSIVE PLAN ANALYSIS
LAND USE: This property is designated as Medium Density Residential(MDR)on the Future Land Use Map
(FLUM)contained in the Comprehensive Plan. This designation allows for dwelling units at gross densities
of 3 to 8 dwelling units per acre.
The subject 5.23 acres currently contains an existing home. The subject site is abutting an R-8 development
to the north,Horse Meadows Subdivision;to the east and west is county residential not yet annexed into the
City of Meridian; and to the south is the railroad and Purdam Gulch Drain. The subject property is
designated as Medium Density Residential on the future land use map consistent with the approved
development to the north. The Applicant proposes a 24-lot subdivision for single-family residential detached
homes at a gross density of 4.59 units per acre,which is within the desired density range of the MDR
designation.
Goals, Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be applicable
to this application and apply to the proposed use of this property(staff analysis in italics):
• "Encourage a variety of housing types that meet the needs,preferences, and financial capabilities of
Meridian's present and future residents."(2.01.02D)
The proposed single-family detached dwellings with a mix of lot sizes will contribute to the variety of
housing options in this area and within the City as desired. Single-family detached homes are in the
development process to the north and south of railroad tracks are an existing and planned Medium
High-Density Residential development consisting of attached, townhouse , and, and multifamily
dwellings.
• "Permit new development only where it can be adequately served by critical public facilities and
urban services at the time of final approval,and in accord with any adopted levels of service for
public facilities and services." (3.03.03F)
City water and sewer service is available and can be extended by the developer with development in
accord with UDC 11-3A-21.
• "Avoid the concentration of any one housing type or lot size in any geographical area;provide for
diverse housing types throughout the City." (2.01.01G)
This area consists primarily of single family detached homes with some multi family apartments to
be developed to the southeast; only single-family detached homes are proposed within this
development. The proposed development offers lot sizes ranging from 4,010 to 5,258 square feet
(sf.) with the existing home on a 21,852 sf. lot.
• "Require all new development to create a site design compatible with surrounding uses through
buffering, screening,transitional densities,and other best site design practices."(3.07.01A)
The proposed medium-density residential single-family homes contribute to the variety of residential
categories within the surrounding area as desired.
• "Encourage compatible uses and site design to minimize conflicts and maximize use of land."
(3.07.00)
The proposed site design provides maximum use of the land with the proposed residential dwelling
types and should be compatible with planned development on adjacent properties that are also
designated for MDR uses. The project does abut three (3)existing multiple-acre County residential
properties to the east, west, and north. Until these properties are redeveloped, development could
impact the County residences.
• "Support infill development that does not negatively impact the abutting,existing development.
Infill projects in downtown should develop at higher densities,irrespective of existing
development." (2.02.02C)
The proposed development will not likely impact the abutting development to the north existing
homeowners in the county to the east and the existing homeowners south of the railroad tracks.
• "Ensure development is connected to City of Meridian water and sanitary sewer systems and the
extension to and through said developments are constructed in conformance with the City of
Meridian Water and Sewer System Master Plans in effect at the time of development."(3.03.03A)
The proposed development will connect to City water and sewer systems with development of the
subdivision;services are required to be provided to and through this development in accord with
current City plans.
• "Require pedestrian access in all new development to link subdivisions together and promote
neighborhood connectivity." (2.02.011))
A 10 foot wide multi-use pathway connection is required and a 6-foot wide multi-use pathway is
proposed along the south boundary adjacent to the railroad tracks. The Applicant shall provide a
10 foot wide multi-use pathway in accord with the Pathways Master Plan. This pathway will provide
a link between all subdivisions east off. Black Cat Road and west of this site.
• "Require urban infrastructure be provided for all new developments, including curb and gutter,
sidewalks,water and sewer utilities." (3.03.03G)
Urban sewer and water infrastructure and curb, gutter, and sidewalks are required to be provided
with development of the subdivision.
• "Eliminate existing private treatment and septic systems on properties annexed into the City and
instead connect users to the City wastewater system; discourage the prolonged use of private
treatment septic systems for enclave properties."
If annexed, the existing home will be required to abandon the existing septic system and connect to
the City wastewater system.
• "Maximize public services by prioritizing infill development of vacant and underdeveloped parcels
within the City over parcels on the fringe." (2.02.02)
Development of the subject infill parcel will maximize public services.
Based on the analysis above, staff finds the proposed development is consistent with the Comprehensive
Plan.
VI. STAFF ANALYSIS
A. ANNEXATION(AZ)
The Applicant proposes to annex 5.23 acres of land with an R-8 zoning district. A legal description and
exhibit map for the annexation area is included in Section VIILA. This property is within the City's Area
of City Impact boundary. The annexation legal description submitted does not include to the
centerline of the railroad tracks. The Applicant should submit a revised legal description of the
property proposed to be annexed that encompasses the area to the centerline of the railroad tracks
15 days prior to the City Council Hearing.
A preliminary plat and conceptual building elevations were submitted showing how the property is
proposed to be subdivided and developed with 24 single-family residential detached dwelling units at a
gross density of 4.59 units per acre(see Sections VIILB,E). The proposed use and density of the
development is consistent with the MDR FLUM designation.
Single-family detached dwellings are listed as a principal permitted use in the R-8 zoning district per
UDC Table 11-2A-2.Future development is subject to the dimensional standards listed in UDC Table
11-2A-6 for the R-8 zoning district.
There is an existing home on approximately half an acre to the northeast along W. Quarter Horse Lane.
The property owner intends to annex and connect to City utilities with this development.
The property is contiguous to City annexed land to the north and is within the City's Area of City Impact
boundary. A legal description and exhibit map of the overall annexation area for the R-8 zoning districts
are included in Section VIILA.
The City may require a development agreement(DA)in conjunction with an annexation pursuant to
Idaho Code section 67-6511A. If this property is annexed, Staff recommends a DA is required with
the provisions discussed herein and included in Section IX.A.
B. PRELIMINARY PLAT(PP):
The proposed preliminary plat consists of 24 building lots and 4 common lots on 5.23 acres of land in
the proposed R-8 zoning district. Proposed lots range in size from 4,010 to 21,852 square feet(s.f) (or
0.09 to 0.50 acres).The proposed gross density of the subdivision is 4.59 units per acre. The subdivision
is proposed to develop in one phase as shown in Section VIII.B.
Existing Structures/Site Improvements: An existing home on the property is proposed to remain on
Lot 1,Block 2. The outbuilding located on Lot 3,Block 2 shall be removed with development of this
property. The existing home does not meet the required number of off-street parking spaces per UDG
3C-6 for a three (3)bedroom home; four(4)parking spaces are required,at least 2 in an enclosed garage,
other spaces may be enclosed or a minimum 10-foot by 20-foot parking pad. The existing home does not
comprise of an enclosed garage. Prior to the City Engineer's signature on the final plat,the non-
conformity of the home should be remedied to meet the off-street parking regulations. Once the
plat records,the existing home will require a new address.
Prior to the City Engineer's signature on the final plat, all existing structures that do not conform
to the setbacks of the district are required to be removed.
Dimensional Standards (UDC 11-2): The proposed plat and subsequent development is required to
comply with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district.The
proposed plat appears to comply with the dimensional standards of the district.
Access: Access is proposed from Quarterhorse Lane from the north; direct access to N. Black Cat Road
and W. Pine Avenue is prohibited. The subject property is dependent upon the development of Horse
Meadows Subdivision directly to the north to reconstruct a portion of Quarterhorse Lane (existing
private road)as a public street,which would provide public street frontage and access to this site.
Horse Meadows Subdivision has not submitted its Final Plat for approval at this time; therefore,there is
no right-of-way abutting the subject site. The Applicant's proposal to construct public streets within
the Alexanders Landing Subdivision is contingent upon the development of the Horse Meadows
Subdivision prior to submitting a Final Plat for approval.
A local stub street(W.Newland Drive)is proposed for interconnectivity between two developments that
is stubbed at the east/west boundary on the site in accord with the UDC. The street does exceed 150
feet; therefore, a temporary turnaround is required. The Applicant is proposing to construct a
temporary turnaround on a common lot(Lot 10,Block 1),which decreases the usability of the
area. Staff recommends that the Applicant construct the temporary turnaround on Lots 5 and 7,
Block 3 in the southwest corner of the development to increase the open space for development.
The reason for this recommendation is to ensure open space for the development remains intact
without placing a burden on the HOA to remediate the removal of the turnaround area. The
Applicant included a concept plan for the property to the west that demonstrates how the western
R1 property could potentially develop in the future.
Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed
in UDC Table 11-3C-6 for single-family dwellings based on the number of bedrooms per unit. Staff will
confirm compliance with these standards at the time of building permit submittal for each residence.
Landscaping(UDC 11-3B):No street buffers are required per UDC Table 11-2A-6 for internal local
streets. Common open space landscaping is proposed as shown on the landscape plan in Section VIILC.
Landscaping is required along all pathways with a minimum of 5-feet wide shall be provided on
each side of the pathway with a mix of trees, shrubs,lawn, and/or other vegetative ground covers
per the standards listed in UDC 11-3B-12C; the landscape plan should be revised accordingly.
A Tree Mitigation Plan should be submitted with the final plat detailing all existing trees and
methods of mitigation outlined by the City Arborist before any trees are to be removed as set forth
in UDC 11-3B-10C.5.
Common Open Space&Site Amenities(UDC 11-3G-3): A minimum of 15% (or 1.23 acres based on
5.23 acres)qualified open space is required to be provided in this development per the standards listed in
UDC 11-3G-3.
The proposed project is approximately 5.23 acres in size requiring a minimum amount of open space
based on the requested zoning. Per UDC Table 11-3G-3, the R-8 area requires a minimum of 15%
qualified open space. An open space exhibit was submitted that depicts 1.29 acres of common open
space for the development with 0.78 acres of this area as qualified open space (see Section VIII.E). The
minimum amount of qualified open space required is 0.78 acres, approximately 34,194 square feet.
There are three (3) main open space areas proposed within Alexanders Landing, the centralized
common open space, the linear open space along the southern boundary, and the linear open space
located on Lot 1, Block 3. The Purdam Gulch Drain does not count as usable open space but is located
on Lot 16, Block 3 (21,617 square feet). The Applicant illustrates the drain to remain open in a natural
state on the landscape plans submitted as well as stating that all repairs and damage due to construction
will be seeded with dryland mix. The large central open space area is approximately 22,028 feet in size
and is the largest usable common area within the project. The Applicant has proposed a 5-foot micro-
path running north/south within this open space for easy pedestrian access. The linear open space along
the southern boundary is approximately 20 feet in width and over 500 feet in length. This linear open
space is shown with trees and a 6-foot wide pathway for an added pedestrian element and will also act
as a buffer between this project and the railroad to the south. The proposed micro path on Lot 1, Block 3
connects to the 6-foot wide pathway(a 10 foot wide pathway is recommended below) running along the
southern boundary to provide convenient access and pedestrian connectivity. Because of the
pedestrian connectivity and the general locations and uses of open space, Staff supports the
proposed qualified open space.
UDC 11-3G-4 dictates the minimum amenity points required for projects over 5 acres in size. The
project size of 5.23 acres requires a minimum of one (1)amenity point(1 point for every 5 acres).
According to the submitted plans,the Applicant is proposing the following amenities worth 3 amenity
points: a picnic shelter w/tables (2),and pathways(1),According to UDC Table 11-3G-4,the proposed
amenities and their point value is correct and exceed UDC requirements for a project of this size. Based
on the proposed site design and zoning, Staff supports the proposed amenities.
Pathways: The Pathways Master Plan depicts a multi-use pathway along the southern boundary
adjacent to the railroad tracks on this site for connection to future developments to the east and west
across Black Cat Road. In accord with the Master Pathways Plan, a 10-foot wide multi-use
pathway should be provided within a 14-foot wide public pedestrian easement; only a 6-foot wide
asphalt pathway is proposed. The landscape plan should be revised to include a 10-foot pathway
and an easement should be submitted and recorded prior to the City Engineer's signature on the
final plat.
Sidewalks (11-3A-17): Five-foot wide attached sidewalks are proposed within the development in
accord with UDC standards.
Waterways: The Purdam Gulch Drain runs along the southern boundary of the site. The Nampa
Meridian Irrigation District(NMID)requires an easement for the Purdam Drain courses along the south
boundary of this property. The easement for the Purdam Drain at this location is a minimum of one
hundred feet(100')total, fifty feet(50')each side. Per UDC 11-3A-6, the Applicant is requesting a
council waiver to allow the Purdam Gulch Drain to remain open in a natural state. The drain
should be fenced with an open vision fence at least six(6)feet in height and having an 11-gauge,
two-inch mesh or other construction, equivalent in ability to deter access to said ditch,lateral,
canal, slough or drain,which fence shall be securely fastened at its base at all places where any
part of said lands or areas being subdivided touches either or both sides of said ditch, lateral,
canal, slough or drain.
Utilities (UDC 11-3A-21): Connection to City water and sewer services is required in accord with UDC
11-3A-21. The existing home proposed to remain on Lot 1,Block 2 is required to connect to City water
and sewer service within 60 days of it becoming available as set forth in MCC 9-1-4 and 9-4-8.
Street lighting is required to be installed in accord with the City's adopted standards, specifications and
ordinances.
Fencing(UDC 11-3A-6, 11-3A-7): All fencing is required to comply with the standards listed in UDC
11-3A-7. According to the submitted landscape plans,the Applicant is proposing two types of
fencing throughout the site,vinyl solid fencing and vinyl semi-privacy fencing.
Pressurized Irrigation System (UDC 11-3A-I5): Underground pressurized irrigation water is required
to be provided to each lot within the subdivision as set forth in UDC 11-3A-15.
Storm Drainage(UDC 11-3A-18):An adequate storm drainage system is required in all developments
in accord with the City's adopted standards,specifications and ordinances.Design and construction shall
follow best management practice as adopted by the City as set forth in UDC 11-3A-18.
Building Elevations: Three (3)conceptual building elevations and floor plans were submitted that
demonstrate what future homes in this development will look like (see Section VIILF). Variations of
two-story homes with a two-car garage are proposed. The submitted elevations depict a number of
different architectural and design styles with field materials of lap siding, differing color accents,
roof profiles, and varying of home styles. Staff recommends that the Applicant add additional
stone or brick accents to the front of the homes to provide more of a variation in materials.
VIL DECISION
A. Staff:
Staff recommends approval of the proposed annexation with the requirement of a Development
Agreement,and preliminary plat per the provisions in Section IX in accord with the Findings in Section
X.
B. The Meridian Planning&Zoning Commission heard these items on February 16, 2023. At
the public hearing,the Commission moved to recommend approval of the subject
Conditional Use Permit request.
1. Suimnary of Commission public hearing
a. In favor: Kent Brown,Kent Brown Planning Services;
b. In opposition: None
c. Commenting: Kent Brown:
d. Written testimony:None
e. Staff presenting application: Stacy Hersh,Associate Planner
f. Other Staff commenting on application: Bill Parsons
2. Key issue(s)of public testimony
a. None
3. Key issue(s)of discussion by Commission:
a. Timingoproposed development not commencing until a public road access is
available to the site upon development of the Horse Meadows subdivision to the
b. north.
Recommend or request that a Historical Advisory Committee work with the Ci . on
preserving the Roosevelt Elementary School that was used in 1910 located on the
property to the west.
4. Commission change(s)to Staff recommendation:
a. The Developer shall set aside funds for remediation of the temporary turnaround
area on Common Lot 10.
5. Outstanding issue(s) for City Council:
a. None
C. The Meridian City Council heard these items on April 18.2023.At the public hearing_the
Council moved to approve the subject AZ and PP request.
1. Summary of the City Council public hearing:
a. In favor: David Bailey_Bailey Engineering
b. In opposition:None
C. Commenting: David Bailey,Bailey Engineering: Christy hlselman.ACHD
d. Written testimony: None
C. Staff presenting application: Stacy Hersh.Associate Planner
f. Other Staff commenting on application:None
2. Key issue(s)of public testimony:
a. None
3. Key issue(s)of discussion by City Council:
a. Concerns with accessing the site from Pine and Black Cat during construction_
b. Striping of Pine Street to accommodate bike lanes with the planned road improvements:
C. Concerns with the stop sign at the railway create a huge bottleneck-
d. Traffic impact concerns on Black Cat once the Pine Street improvements are complete.
4. City Council change(s)to Commission recommendation:
a. Strike condition A.3.c.."depict an open vision fence at least six(6)feet in height around
the Purdam Gulch Drain per UDC I I-3A-6."
b. Amend condition Al.d. to read. "Due to access availability. the Applicant shall not
obtain the City Ensaineer's signature on the final plat prior to recordation of Horse
Meadows final plat."
VIIL EXHIBITS
A. Annexation Legal Description and Exhibit Map
Annexation Description for
R-8 Zone
February 13.2022
A parcel located in the Northwest 1�4 of the Southwest 1/4 of Section 10,
Township 3 North,Range 1 West.Boise Meridian,Ada County,Idaho more particularly
described as follows:
Commencing at the 114 comer common to Sections 9 and 10.T.3N., R.1 W.,
B.M.,from which the Section comer common to Sections 9, 10, 15.and 16,T.3N..
R.1 W.,B.M.,bears South 0'38'55"West.2653.02 feet thence on the west boundary
line of said Section 10,South 00'38'55'West,422.02 feet:thence leaving said west
boundary line,South 89'21'54"East,250,10 feet to the REAL POINT OF
BEGINNING;
thence continuing South 89'21'54'East,534.21 feet;
thence on a line parallel with the west boundary line of said Section 10,South
00'38'55"West.422.01 feet to the north right-of-way line of the Union Pacific Railroad;
thence on said north right-of-way line,North 88'26'12"West,784.41 feet to the
west boundary line of said Section 10;
thence on said west boundary line,North 00'38'55"East,30.00 feet;
thence leaving said west boundary line on a line parallel with and 30.00 feet
north of the north right-of-way line of the Union Pacific Railroad,South 88`26'12"East,
264.79 feet;
thence leaving said parallel line,North 01'32'22'West,383.87 feet to the
REAL POINT OF BEGINNING.
Containing 5.230 acres,more or less.
End of Description.
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B. Preliminary Plat(dated: 12/15/22)
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Sample Homes Plans(not the oauolplons to be build,but provided for lAustrotwe use only)
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IX. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
1. A Development Agreement(DA)is required as a provision of annexation of this property.Prior to
approval of the annexation ordinance,a DA shall be entered into between the City of Meridian,the
property owner(s)at the time of annexation ordinance adoption,and the developer. The Applicant
shall submit a revised legal description of the property proposed to be annexed that
encompasses the area to the centerline of the rail-road tracks within 15 days prior to the City
Council Hearing
Currently,a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to
commencement of the DA. The DA shall be signed by the property owner and returned to the
Planning Division within six(6)months of the City Council granting the annexation. The DA shall,
at minimum,incorporate the following provisions IF City Council determines annexation is in the
best interest of the City:
a. Future development of this site shall be generally consistent with the preliminary plat,landscape
plan,common open space/site amenity exhibit and conceptual building elevations included in
Section VIII and the provisions contained herein.
b. The existing home on Lot 1,Block 2 shall be required to connect to City water and sewer service
within 60 days of it becoming available and disconnect from private service,as set forth in MCC
9-1-4 and 9-4-8.
c. Prior to the City Engineer's signature on the final plat,the non-conformity of the home shall be
remedied to meet the off-street parking regulations.
d. Due to aeeess az,.,.hail.*.,Prior to City Engineer's signature on the final plat_public street
access shall be extended from the Horse Meadows Subdivision.
e. The Applicant shall provide written documentation that they have relinquished their rights to
Quarter Horse Lane prior to the City Engineer's signature on the final plat.
f. The Applicant shall submit a Performance Surety based upon 110%of an itemized contractor's
bid for the incomplete improvments for the temporary turnaround area on Common Lot 10 prior
to recordation of the final plat.
2. The final plat shall include the following revisions:
a. Depict an easement for the Purdam Gulch Drain(minimum of one hundred feet(100')total, fifty
feet(50')each side),which runs along the southern boundary of this property.
b. Depict a 10-foot wide multi-use pathway on common Lot 15,Block 3 per the Master Pathways
Plan;provide the pathway within a 14-foot wide public pedestrian easement and include the
recorded instrument number on the Final Pat.
c.
d. Graphically depict the ACHD storm water drainage easements referenced in Note 46.
e. The existing home shall obtain a new address upon development of this project consistent with
the development of the new local street.
3. The landscape plan submitted with the final plat shall include the following revisions:
a. Depict a 10-foot wide multi-use pathway on common Lot 15,Block 3 per the Master pathways
Plan with landscaping along each side of the pathway in accord with the standards listed in UDC
11-3B-12C.
b. Include mitigation calculations on the plan for existing trees that are proposed to be removed in
accord with the standards listed in UDC 11-3B-IOC.S. The Applicant shall coordinate with the
City Arborist(Kyle Yorita kyoritakmeridiancity.org)to determine mitigation requirements
prior to removal of existing trees from the site.
c.
r rDG 1-1 3A-6.
4. The proposed plat and subsequent development are required to comply with the dimensional
standards listed in UDC Table 11-2a-6 for the R-8 zoning district.
5. Prior to the City Engineer's signature on the final plat,all existing structures that do not conform to
the setbacks of the R-8 zoning district shall be removed.
6. The Applicant shall obtain a Council waiver to allow the Purdam Gulch Drain to remain open in a
natural state at the Council hearing,Per UDC 11-3A-6.
7. Prior to the City Engineer's signature on the final plat,a 14-foot wide public pedestrian easement
shall be submitted to the Planning Division and recorded for the multi-use pathway as required by
the Park's Department.
8. Off-street parking is required to be provided in accord with the standards listed in UDC Table I I-
3C-6 for single-family dwellings based on the number of bedrooms per unit.
9. The Applicant shall comply with all ACHD conditions of approval.
10. Direct access to N. Black Cat Road and W. Pine Avenue is prohibited.
11. The Applicant shall submit revised elevations that include a mix of stone and/or brick t prior to the
Council hearing.
12. 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.
13. The preliminary plat approval shall become null and void if the applicant fails to either: 1)obtain the
City Engineer's signature on a final plat within two years of the date of the approved findings; or 20
obtain approval of a time extension as set forth in UDC 11-6B-7.
B. PUBLIC WORKS
1. Site Specific Conditions of Approval
1.1 A second water connection to either Black Cat Road or Pine Avenue is required. This can be
through the Horse Meadows development or by another means.
1.2 At Quarterhorse Lane and Bareback Street must provide a tee with two valves and a blind flange
on the eastern leg, so that water can be extended to the east in the future.
1.3 Provide two valves at the tee located at Bareback Street and Newland Street
1.4 A fire hydrant is required on Newland St at the eastern boundary of the site.
1.5 A 4"blowoff per City standard drawing W13 is required on Newland Street at the western
boundary.
1.6 Sewer does not need to be provided to and through to parcel to the east. Provide sewer mains to
eastern boundary only as needed for development.
1.7 Ensure no sewer services cross infiltration trenches
1.8 Ensure no permanent structures(trees,bushes,buildings,carports,trash receptacle walls, fences,
infiltration trenches,light poles,etc.)are built within water/sewer easements.
2. General Conditions of Approval
2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works
Department,and execute standard forms of easements for any mains that are required to provide
service outside of a public right-of-way. Minimum cover over sewer mains is three feet,if cover
from top of pipe to sub-grade is less than three feet than alternate materials shall be used in
conformance of City of Meridian Public Works Departments Standard Specifications.
2.2 Per Meridian City Code (MCC),the applicant shall be responsible to install sewer and water
mains to and through this development. Applicant may be eligible for a reimbursement
agreement for infrastructure enhancement per MCC 8-6-5.
2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right
of way(include all water services and hydrants). The easement widths shall be 20-feet wide for
a single utility,or 30-feet wide for two. The easements shall not be dedicated via the plat,but
rather dedicated outside the plat process using the City of Meridian's standard forms. The
easement shall be graphically depicted on the plat for reference purposes. Submit an executed
easement(on the form available from Public Works),a legal description prepared by an Idaho
Licensed Professional Land Surveyor,which must include the area of the easement(marked
EXHIBIT A)and an 81/2"x I F map with bearings and distances(marked EXHIBIT B) for
review.Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO
NOT RECORD. Add a note to the plat referencing this document. All easements must be
submitted,reviewed,and approved prior to development plan approval.
2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water(MCC 9-1-28.C).The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available,a single-point
connection to the culinary water system shall be required. If a single-point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
prior to receiving development plan approval.
2.5 All existing structures that are required to be removed shall be prior to signature on the final plat
by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation
and possible reassignment of street addressing to be in compliance with MCC.
2.6 All irrigation ditches,canals,laterals,or drains,exclusive of natural waterways,intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per
UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207
and any other applicable law or regulation.
2.7 Any wells that will not continue to be used must be properly abandoned according to Idaho Well
Construction Standards Rules administered by the Idaho Department of Water Resources. The
Developer's Engineer shall provide a statement addressing whether there are any existing wells
in the development,and if so,how they will continue to be used,or provide record of their
abandonment.
2.8 Any existing septic systems within this project shall be removed from service per City
Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures
and inspections(208)375-5211.
2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,
road base approved by the Ada County Highway District and the Final Plat for this subdivision
shall be recorded,prior to applying for building permits.
2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted
fencing,landscaping,amenities,etc.,prior to signature on the final plat.
2.11 All improvements related to public life, safety and health shall be completed prior to occupancy
of the structures.Where approved by the City Engineer,an owner may post a performance
surety for such improvements in order to obtain City Engineer signature on the final plat as set
forth in UDC 11-5C-3B.
2.12 Applicant shall be required to pay Public Works development plan review,and construction
inspection fees,as determined during the plan review process,prior to the issuance of a plan
approval letter.
2.13 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.16 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.
2.17 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.
2.18 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.
2.19 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.
2.20 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.
2.21 The City of Meridian requires that the owner post to the City a performance surety in the amount
of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure
prior to final plat signature. This surety will be verified by a line item cost estimate provided by
the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash
deposit or bond.Applicant must file an application for surety,which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
2.22 The City of Meridian requires that the owner post to the City a warranty surety in the amount of
20%of the total construction cost for all completed sewer,water and reuse infrastructure for
duration of two years. This surety will be verified by a line item cost estimate provided by the
owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash
deposit or bond.Applicant must file an application for surety,which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
C. FIRE DEPARTMENT
https://weblink.meridiancity.oEgj ebLink/DocView.aspxTid 287136&dbid 0&repo Meridian City
D. POLICE DEPARTMENT
No comments at this time.
E. PARK'S DEPARTMENT
No comments at this time.
F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID)
https://weblink.meridiancity.oEgj ebLink/DocView.aspxTid 288323&dbid 0&repo Meridian City
G. ADA COUNTY DEVELOPMENT SERVICES(ACDS)
https:llweblink.meridiancity.org/WebLink/DocView.aspx?id 287386&dbid O&repo MeridianCity
H. WEST ADA SCHOOL DISTRICT(WASD)
No comments were received from WASD.
I. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https://weblink.meridiancity.oEgj ebLink/DocView.aspxTid 288137&dbid 0&repo Meridian City
X. FINDINGS
A. Annexation and/or Rezone(UDC 11-511-3E)
Required Findings: Upon recommendation from the commission,the council shall make a full
investigation and shall,at the public hearing,review the application. In order to grant an annexation
and/or rezone,the council shall make the following findings:
1. The map amendment complies with the applicable provisions of the comprehensive plan;
City Council finds the Applicant's request to annex the subject property with R-8 zoning and develop
single-family detached dwellings on the site at a gross density of 4.59 units per acre is consistent with
the density desired in the MDR designation for this property; the preliminary plat and site design is
consistent with the Comprehensive Plan, if all conditions of approval are met.
2. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
City Council finds the proposed map amendment to R-8 and development generally complies with
the purpose statement of the residential districts in that it will contribute to the range of housing
opportunities available in the City consistent with the Comprehensive Plan.
3. The map amendment shall not be materially detrimental to the public health,safety, and
welfare;
City Council finds the proposed map amendment should not be detrimental to the public health,
safety and welfare as the proposed residential uses should be compatible with adjacent single-family
residential homes/uses in the area.
4. The map amendment shall not result in an adverse impact upon the delivery of services by any
political subdivision providing public services within the city including,but not limited to,
school districts; and
City Council finds City services are available to be provided to this development. Comments were
not received from WASD on this application so Staff is unable to determine impacts to the school
district.
5. The annexation(as applicable)is in the best interest of city.
City Council finds the proposed annexation is in the best interest of the city if revisions are made to
the development plan as recommended.
B. Preliminary Plat(UDC 11-613-6)
In consideration of a preliminary plat,combined preliminary and final plat,or short plat,the decision-
making body shall make the following findings: (Ord. 05-1170, 8-30-2005,eff. 9-15-2005)
1. The plat is in conformance with the comprehensive plan and is consistent with this unified
development code; (Ord. 08-1372, 7-8-2008,eff. 7-8-2008)
City Council finds the proposed plat is generally in conformance with the UDC and the
Comprehensive Plan.
2. Public services are available or can be made available ad are adequate to accommodate the proposed
development;
City Council finds public services can be made available to the subject property and will be
adequate to accommodate the proposed development.
3. The plat is in conformance with scheduled public improvements in accord with the city's capital
improvement program;
City Council finds there are no roadways, bridges or intersections in the general vicinity that are in
the IFYWP or the CIP.
4. There is public financial capability of supporting services for the proposed development;
City Council finds there is public financial capability of supporting services for the proposed
development.
5. The development will not be detrimental to the public health, safety or general welfare; and
City Council finds the proposed development will not be detrimental to the public health, safety or
general welfare.
6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8-30-2005,
eff. 9-15-2005)
City Council is unaware of any significant natural, scenic or historic features that need to be
preserved with this development.