HomeMy WebLinkAboutBrundage Estates H-2024-0031 ADA COUNTY RECORDER Trent Tripple 2024-070384
BOISE IDAHO Pgs=31 ANGIE STEELE 12/11/2024 12:13 PM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
1. City of Meridian
PARTIES: 2• Centers Farm, LLC, Owner/Developer
3. L.C. Development,Inc., Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this
IOth day of December, 2024, by and between City of Meridian, a municipal corporation of
the State of Idaho, hereafter called CITY, whose address is 33 E. Broadway Avenue, Meridian,
Idaho 83642, and Centers Farm, LLC, and L.C. Development, Inc., whose address is 3770 S.
Linder Road, Meridian, Idaho 83642, hereinafter called OWNER/DEVELOPER.
1. RECITALS:
1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of
land in the County of Ada, State of Idaho, described in Exhibit "A," which is
attached hereto and by this reference incorporated herein as if set forth in 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 rezoning of land; and
1.4 WHEREAS, Owner/Developer have submitted an application for a new
development agreement as required with annexation of the property (AZ-13-
014, Ord. #14-1594) 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 27th day of August, 2024, the Meridian City Council
approved certain Findings of Fact and Conclusions of Law and Decision and
Order ("Findings"), which have been incorporated into this Agreement and
attached as Exhibit"B"; and
PAGE 1 OF 8
DEVELOPMENT AGREEMENT—BRUNDAGE ESTATES(H-2024-0031)
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 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 ftom
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 Centers Farm, LLC, and
L.C. Development, Inc.,, whose address is 3770 S. Linder Road,
Meridian, Idaho 83642, hereinafter called OWNER/DEVELOPER, the
party that owns and is developing said Property and shall include any
subsequent owner(s)/developer(s) of the Property.
3.3
PROPERTY: means and refers to that certain parcel(s) of Property located
in the County of Ada, City of Meridian as in Exhibit "A" describing a parcel
to bound by this Development Agreement and attached hereto and by
this reference incorporated herein as if set forth at length.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right
to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed under
the UDC.
DEVELOPMENT AGREEMENT-BRUNDAGE ESTATES(H-2024-0031) PAGE 2 OF 8
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, and conceptual park master plan approved with H-2016-0001
and the associated conditions of approval, including those associated with
subsequent time extension applications (i.e., A-2018-0231, TECC-2020-0001,
TECC-2022-0001, TECC-2024-0002).
b. Future development of this site shall be consistent with the provisions contained
in Section IV of the Staff Report attached to the Findings of Fact and Conclusions
of Law attached hereto as Exhibit`B."
c. Future development of this site shall be generally consistent with the conceptual
building elevations as approved by Staff at the direction of City Council and
attached hereto as Exhibit"C."
d. A 10-foot-wide detached sidewalk shall be constructed within the required street
buffers along S. Linder Rd. and W. Harris St. as required with TECC-2024-0002.
e. All internal local and collector streets shall align with stub streets to this property.
f. The rear and/or sides of homes facing S.Linder Rd.,W. Harris St.,and S. Oakbriar
Way 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 homes are exempt from this requirement.
6. APPROVAL PERIOD: If this Agreement has not been fully executed within six (6)
months after the date of the Findings, the City may, at its sole discretion, declare the Agreement null
and void.
7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
7.1 Acts of Default.In the event Owner/Developer,or Owner/Developer's heirs,successors,
assigns, or subsequent owners of the Property or any other person acquiring an
interest in the Property, fail to faithfully comply with all of the terms and conditions
included in this Agreement in connection with the Property, this Agreement may be
terminated by the City upon compliance with the requirements of the Zoning
Ordinance.
7.2 Notice and Cure Period. In the event of Owner/Developer's default of this
agreement, Owner/Developer shall have thirty (30) days from receipt of written
DEVELOPMENT AGREEMENT-BRUNDAGE ESTATES(H-2024-0031) PAGE 3 OF 8
notice from City to initiate commencement of action to correct the breach and cure
the default,which action must be prosecuted with diligence and completed within one
hundred eighty (180) days; provided, however, that in the case of any such default
that cannot with diligence be cured within such one hundred eighty(180)day period,
then the time allowed to cure such failure may be extended for such period as may be
necessary to complete the curing of the same with diligence and continuity.
7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice
from City as described in Section 7.2, City shall, upon satisfaction of the notice and
hearing procedures set forth in Idaho Code section 67-6511A, have the right, but not
a duty, to de-annex all or a portion of the Property, reverse the zoning designations
described herein, and terminate City services to the de-annexed Property, including
water service and/or sewer service. Further, City shall have the right to file an action
at law or in equity to enforce the provisions of this Agreement.Because the covenants,
agreements, conditions, and obligations contained herein are unique to the Property
and integral to City's decision to annex and/or re-zone the Property, City and
Owner/Developer stipulate that specific performance is an appropriate, but not
exclusive, remedy in the event of default. Owner/Developer reserves all rights to
contest whether a default has occurred.
7.4 Choice of Law and Venue. This Agreement and the rights of the parties hereto shall
be governed by and construed in accordance with the laws of the State of Idaho,
including all matters of construction, validity, performance, and enforcement. Any
action brought by any party hereto shall be brought within Ada County, Idaho.
7.5 Delay. In the event the performance of any covenant to be performed hereunder by
either Owner/Developer or City is delayed for causes that are beyond the reasonable
control of the parry 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.
DEVELOPMENT AGREEMENT-BRUNDAGE ESTATES(H-2024-0031) PAGE 4 OF 8
10. ZONING: City shall, following recordation of the duly approved Agreement, enact
a valid and binding ordinance zoning the Property as specified herein.
11. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the
UDC, to insure the installation of required improvements, which the Owner/Developer agree to
provide, if required by the City.
12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued
in any phase in which the improvements have not been installed,completed, and accepted by the City,
or sufficient surety of performance is provided by Owner/Developer to the City in accordance with
Paragraph 11 above.
13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by
all ordinances of the City of Meridian unless otherwise provided by this Agreement.
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: OWNER/DEVELOPER:
Centers Farm, LLC L.C. Development, Inc.
P.O. Box 518 3770 S. Linder Road
Meridian, Idaho 83680 Meridian, ID 83642
14.1 A party shall have the right to change its address by delivering to the other
parry a written notification thereof in accordance with the requirements of this section.
15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto
concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as
may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall
survive any default, termination or forfeiture of this Agreement.
16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time
is strictly of the essence with respect to each and every term, condition and provision hereof, and that
the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the other party so failing to perform.
17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure
to the benefit of the parties' respective heirs, successors, assigns and personal representatives,
including City's corporate authorities and their successors in office. This Agreement shall be binding
on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the
DEVELOPMENT AGREEMENT-BRUNDAGE ESTATES(H-2024-0031) PAGE 5 OF 8
Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions
thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor
owner or owners shall be both benefited and bound by the conditions and restrictions herein
expressed. City agrees,upon written request of Owner and/or Developer, to execute appropriate and
recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion,
had determined that Owner and/or Developer have fully performed their obligations under this
Agreement.
18. INVALID PROVISION: If any provision of this Agreement is held not valid by a
court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement
and the invalidity thereof shall not affect any of the other provisions contained herein.
19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party
shall act reasonably in giving any consent, approval,or taking any other action under this Agreement.
20. REMOVED PROPERTY: The City is hereby authorized, in its sole discretion, to
remove a portion of the Property ("Removed Property") from this Agreement at any time, provided
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 parry (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, B, and C follow]
DEVELOPMENT AGREEMENT-BRUNDAGE ESTATES(H-2024-0031) PAGE 6 OF 8
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNER:
Centers Farm,LLC
By: Allen Lee Centers
STATE OF IDAHO )
: ss:
County of Ada )i4t
On this day of l�y�li 2024, before me, the undersigned, a
Notary Public in and for said State, personally appeared Allen Lee Centers, known or identified
to me to be the Manager of Centers Farm, LLC, and the person who signed above and
acknowledged to me that he executed the same.
IN WITNESS WHER�\q jjjhj4 e hereunto set my hand and affixed my official seal the
day and year in this certi\ ` � C* ritten.
�'\p,RY P o
v
(SEALS -_
M'COMMISSION
o. EXPIRES 8-16-203p _ No ary Public for Idaho
o n .•s � My Commission Expires:
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OWNER/DEVELOPER: °1f 11111��
L.C. Development, Inc.
_a /15&
By: Allen Lee Centers
STATE OF IDAHO )
ss
County of Ada )
On this day of V�(/�� 2024, before me, a Notary Public, personally
appeared Allen Lee Centers, known or identified to me to be the President of L.C. Development,
Inc., and the person who signed above and acknowledged to me that he executed the same.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the
�1�111
day and year in this certif� ����° �i�written.
..•pZp,WP&6 '
�/�•.. sfi 147, tt
(SEAL)
: MY COMMISSION I Notary Public for Idaho
: EXPIRES 8-16-2030
My Commission Expires:
DEVELOPMENT AGREEMEA�i�'• 1 `�fl� \ I-2024-0031) PAGE 7 OF 8
10 i NUMB
1116
CITY OF MERIDIAN ATTEST:
By:
Mayor Robert E. Simison 12-10-2024 Chris Johnson, City Clerk 12-10-2024
STATE OF IDAHO )
)SS
County of Ada )
On this loth day of December, 2024, before me, a Notary Public, personally appeared
Robert E. Simison and Chris Johnson, known or identified to me to be the Mayor and Clerk,
respectively, of the City of Meridian, who executed the instrument or the person that
executed the instrument of behalf of said City, and acknowledged to me that such City executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
Notary Public for Idaho
My Commission Expires: 3-28-2028
DEVELOPMENT AGREEMENT-BRUNDAGE ESTATES(H-2024-0031) PAGE 8 OF 8
EXHIBIT A
Legal Description
Brundage Estates
A parcel being located in the S '/2 of the NW'/4 and the N '/2 of the SW'/4 of Section 25, Township
3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly
described as follows:
BEGINNING at an Aluminum Cap monument marking the southwest corner of the NW '/4 of said
Section 25, from which an Aluminum Cap monument marking the northwest corner of said NW'/4
bears N 0037'18" E a distance of 2651.67 feet;
Thence N 0037'18" E along the westerly boundary of said NW % a distance of 1326.02 feet to a
5/8 inch diameter iron pin marking the northwest corner of said S '/2 of the NW%;
Thence S 89022'59" E along the northerly boundary of said S 'h of the NW%a distance of 1619.88
feet to a 5/8 inch diameter iron pin on the northerly and easterly easement line of the Sundall
Lateral;
Thence along said northerly and easterly easement line the following described courses;
Thence S 16036'02" E a distance of 254.04 feet to a 5/8 inch diameter iron pin;
Thence a distance of 90.10 feet along the arc of a 100.00 foot radius curve left, said curve
having a central angle of 51°37'25" and a long chord bearing S 42°24'45" E a distance of
87.08 feet to a 5/8 inch diameter iron pin;
Thence S 68'13'27" E a distance of 350.55 feet to a 5/8 inch diameter iron pin;
Thence a distance of 91.77 feet along the arc of a 120.00 foot radius curve right, said
curve having a central angle of 43049'06" and a long chord bearing S 46018'54" E a
distance of 89.55 feet to a 5/8 inch diameter iron pin;
Thence S 24024'21" E a distance of 319.79 feet to a 5/8 inch diameter iron pin;
Thence a distance of 84.58 feet along the arc of a 420.00 foot radius curve right, said
curve having a central angle of 11°32'16" and a long chord bearing S 18°38'13" E a
distance of 84.43 feet to a 5/8 inch diameter iron pin;
Thence S 12052'05" E a distance of 326.67 feet to a 5/8 inch diameter iron pin;
Thence a distance of 74.10 feet along the arc of a 130.00 foot radius curve left, said curve
having a central angle of 32°39'29" and a long chord bearing S 29°11'50" E a distance of
73.10 feet to a 5/8 inch diameter iron pin;
Thence S 45031'35" E a distance of 113.85 feet to a 5/8 inch diameter iron pin on the
northerly boundary of the SW '/4 of said Section 25;
Thence leaving said easement line and along said northerly boundary S 89026'30" E a distance
of 143.16 feet to a 5/8 inch diameter iron pin marking the northeast corner of said SW'/4 of Section
Brundage Estates
J
Land Surveying and Consulting Job No.22-27
Page 1 of 2
25, said point also being the northwesterly corner of Graycliff Estates Subdivision No. 2, as shown
in Book 124 of Plats on Pages 19872 through 19875, records of Ada County, Idaho;
Thence along said subdivision boundary the following courses and distances:
Thence S 0027'24" W along the westerly boundary of said SW%4 of Section 25 a distance
of 305.63 feet to a 5/8 inch diameter iron pin;
Thence a distance of 56.06 feet along the arc of a 675.00 foot radius non-tangent curve
right, said curve having a central angle of 4045'29" and a long chord bearing S 88°02'13"
W a distance of 56.04 feet to a 5/8 inch diameter iron pin marking a point of tangency;
Thence N 89035'02" W a distance of 27.06 feet to a 5/8 inch diameter iron pin;
Thence S 0°24'58" W a distance of 50.00 feet to a 5/8 inch diameter iron pin;
Thence S 89°35'02" E a distance of 8.08 feet to a 5/8 inch diameter iron pin;
Thence S 44028'15" E a distance of 21.16 feet to a 5/8 inch diameter iron pin;
Thence continuing along and extending beyond said boundary S 0°27'25"W a distance of 950.98
feet to a 5/8 inch diameter iron pin on the southerly boundary of the N '/2 of said SW% of Section
25;
Thence along said southerly boundary N 89°29'22" W a distance of 1769.21 feet to a point on the
centerline of the Calkins Drain;
Thence along said centerline the following courses and distances:
Thence N 41°24'36" W a distance of 913.65 feet to a point;
Thence N 43°44'27" W a distance of 45.00 feet to a point;
Thence N 59'15'27" W a distance of 42.00 feet to a point;
Thence N 70028'27" W a distance of 50.00 feet to a point;
Thence N 82°50'52"W a distance of 95.25 feet to a point on the westerly boundary of said
N 'h of the SW %4;
Thence leaving said centerline and along said westerly boundary N 0°31'26" E a distance of
565.72 feet to the POINT OF BEGINNING.
\oNp,L LA/Vo
This parcel contains 135.21 acres more or less and is subject to any �� \S T ER &
easements existing or in use. e o
Clinton W. Hansen, PLS2�z _
Land Solutions, PC 9T o
July 1, 2024 %,T F OF � �5
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:3 zindSolutions Brundage Estates
Q' Land Surveying and Consulting Job No.22-27
Page 2 of 2
BRUNDAGE ESTATES - EXHIBIT
23 24
2� -W. VICTORY RD.
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S89'22'59"E 1619.88'\ CN 1/16
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1024 15'
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PARCEL NO. S1225233910
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7,3
C14 C) CURVE TABLE 55
< �2 Uj CURVE LENGTH RADIUS DELTA BEARING CHORD
m
L'.
CD ci 90.10' 100.00' 51'37'25" S42*24'45"E 87.08'
C)
Ln;z C2 91.77' 120.00' 43*49'06" S46'1 8'54"E 89.55'
U) LLJ S4
< -- �2 CD
co 00 cn
z--- C3 84.58' 420.00' 11'32'16" S1 8*38'1 3"E 84.43'
30.0
C4 74.10' 1 30.0 32'39'29" S29*11'50"E 73.10'
C5 56.06' 675.00' 4*45'29" S88*02'1 3"W 56.04'
cr,
C)
mm POINT OF TOTAL AREA
BEGINNING 135.21 ACRES LINE TABLE C 1/4
LINE LENGTH DIRECTION L2
C-4
1--:
LO L1 113.85' S45'31'35"E L6 F,4
CD C) r-
L2 143.16' S89'26'30"E L3 CD
C5
L3 27.06' N89'35'02"W
L4 50.00' SO*24'58"W L5
PARCEL NO. S1225325650 L6TI'i
49 L5 8.08' S89'35'02"E
Lio
L6 21.16' S44'28'1 5"E
C)
L7 45.00' N43'44'27"W rn I C4..........
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L8 42.00' N59'15'27"W V)
L9 50.00' N70*28'27"W
00
L10 95.25' N82'50'52"W
V)
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PARCEL NO. S1225314820
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01 200' 400' 80 -, OF 231 E 5TH ST
O)v w \-0- MERIDIAN,ID 83642
(208)288-2040 ( 08)288-2557 fax
wwwAandsolutions.biz JOB NO.22-27
EXHIBIT B
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW E Nty
AND DECISION& ORDER
In the Matter of the Request for a New Development Agreement for Brundage Estates Subdivision
as Required with Annexation of the Property(AZ-13-014,Ord.#14-1594),by Engineering
Solutions.
Case No(s). H-2024-0031
For the City Council Hearing Date of: August 20, 2024 (Findings on August 27, 2024)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of August 20, 2024,incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of August 20, 2024, incorporated by
reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of August 20,
2024, incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of August 20, 2024, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use
Planning Act of 1975,"codified at Chapter 65,Title 67, Idaho Code(I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified as
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by
ordinance,established the Impact Area and the Comprehensive Plan of the City of Meridian,
which was adopted December 17,2019, Resolution No. 19-2179 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s)received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision,which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the
Community Development Department, the Public Works Department and any affected party
requesting notice.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR BRUNDAGE ESTATES MDA H-2024-0031 - 1 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of August 20,2024, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that:
1. The applicant's request for a new Development Agreement is hereby approved per the
provisions in the Staff Report for the hearing date of August 20, 2024, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. The development agreement
may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time
prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s)and returned to the city within six(6)months of the city council granting the
modification.
A modification to the development agreement may be initiated prior to signature of the agreement by
all parties and/or may be requested to extend the time allowed for the agreement to be signed and
returned to the city if filed prior to the end of the six(6)month approval period.
E. Judicial Review
Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho
Code § 67-652 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 §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the
subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory
takings analysis.
G. Attached: Staff Report for the hearing date of August 20,2024
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR BRUNDAGE ESTATES MDA H-2024-0031 -2-
By action of the City Council at its regular meeting held on the 27th day of August
2024.
COUNCIL PRESIDENT LUKE CAVENER VOTED AYE
COUNCIL VICE PRESIDENT LIZ STRADER VOTED AYE
COUNCIL MEMBER DOUG TAYLOR VOTED AYE
COUNCIL MEMBER JOHN OVERTON VOTED AYE
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED AYE
COUNCIL MEMBER BRIAN WHITLOCK VOTED AYE
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. ird on 8-27-2024
Attest:
SF,AL
Chris Johnso 8-27-
City Clerk
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: Na&ycWM Dated: 8-27-2024
City Clerk's Office C�
Charlene Way, Assistant City Clerk
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR BRUNDAGE ESTATES MDA H-2024-0031 -3-
COMMUNITY DEVELOPMENT �E IDIAN--
DEPARTMENT REPORT
HEARING 8/20/2024 - � �17-
Legend
0
DATE: ® Project Location
TO: Ma or& Cit Council :::Area of Impact
Y Y
_= City Limits
FROM: Sonya Allen,Associate Planner Analysis
208-884-5533
sallen*meridi ancity.org
APPLICANT: Engineering Solutions
UD
SUBJECT: H-2024-0031 _
Brundage Estates—MDA
LOCATION: 3770 S. Linder Rd., in the west `/z of
Section 25, T.3N., R.1 W. - -- -
r
I. PROJECT OVERVIEW
A. Summary
Request for a new development agreement for Brundage Estates as required with annexation of the
property(AZ-13-014,Ord. #14-1594).
B. Issues/Waivers
None
C. Recommendation
Staff. Approval with the provisions included below in Section IV.
D. Decision
Council: Approved the MDA request with the stipulation the Applicant submit revised conceptual
elevations as requested by Staff that comply with the minimum design standards in the Architectural
Standards Manual for approval by Staff prior to Council approval of the DA. The conceptual elevations
included in Section VI.F below are not approved—see subsequent Development Agreement for
approved elevations.
II. COMMUNITY METRICS
Table 1: Land Use
Description Details Map Ref.
Existing Land Use(s)/Proposed Use There is currently one single-family home on this rural -
residential/agricultural property
Proposed Land Use(s) A total of 366 single-family homes are entitled to develop -
_ on this site
Existing Zoning R-4(medium low-density residential) VI.A.2
Future Land Use Designation LDR(Low-density Residential)&MDR(Medium-density VI.A.3
Residential)
City of Meridian i Department Report I. Project Overview
Table 2: Process Facts
Description Details
Preapplication Meeting date 6/4/2024
Neighborhood Meeting 6/20/2024
Site posting date 8/10/2024
III. STAFF ANALYSIS
Comprehensive Plan and Unified Development Code(UDC)
A. General Overview
This property was annexed in 2014 with the Victory South annexation,which was a Category B
annexation of approximately 310.08-acres of land by the City of Meridian(AZ-13-014, Ord. #14-1594).
One of the provisions of the Declaration of Consent to Annexation was that the property owner may not
develop(or receive development approval)until such time as the property owners and the City execute a
Development Agreement(DA).
A preliminary plat for Brundage Estates Subdivision was approved in 2016, followed by several time
extensions,the most recent of which is currently in process. The developer is now nearing submittal of a
final plat application,which constitutes"development"; therefore, a DA is requested as required.
The preliminary plat entitles the property to develop with 366 building lots,20 common lots and one (1)
other lot on 136.63-acres of land in the R-4 zoning district as shown in Section VI.0 below.An 8-acre
City park is planned within the development as well as the extension of W. Harris Street,a mid-mile
east/west collector street,from the east boundary of the site to the west to S. Linder Rd. in accord with
ACHD's Master Street Map,which will improve transportation in this area(see landscape plan and
conceptual park master plan in Section VI.D below).
When the preliminary plat was approved, a step-down in density was approved on the southern portion
of the property from medium-to low-density residential to match that on the northern portion of the
property. The proposed development will provide larger lot sizes(i.e. average of 10,193 square feet)than
is typical these days with an overall gross density of 2.68 units per acre,which is consistent with Policy
#2.01.01 in the Comprehensive Plan,which states, "Encourage diverse housing options suitable for
various income levels, household sizes, and lifestyle preferences."The provision of a City park is also
consistent with Policy#4.02.02,which states, "Provide a variety of park types (neighborhood parks,
community parks, regional parks)with a diversity of uses and activities interspersed throughout the
community."
Staff recommends the proposed DA include provisions for future development of this property to
be consistent with the approved preliminary plat,landscape plan and conceptual park master
plan.As conditions of the concurrent time extension application, Staff recommends 10-foot wide
detached sidewalks are provided in lieu of 5-foot sidewalks along S.Linder Rd. and W.Harris St.
for public safety; and internal local and collector streets align with stub streets to this property.
Staff recommends these provisions are also included in the DA.
Conceptual building elevations were approved for future homes within the development with the
preliminary plat application as shown in Section VI.E. These approved elevations incorporate a variety
of field and accent materials including stucco; a large number of windows/glazing; and lap,board&
batten and shake siding with stone accents and architectural elements consisting of corbels to emphasize
roof gables,masonry/stone columns at the entries,trim around windows, etc. A variety of color changes
are incorporated as well for interest and accents.
Because the developer of this subdivision is different from the original developer, alternate elevations
are proposed to be included in the new DA, as shown in Section VI.F below. The proposed elevations
lack the variety in materials, colors,and architectural details and elements shared with the community,
supported by City Council,and memorialized in the original approvals.Many of these of these
City of Meridian I Department Report III. Staff Analysis
elevations do not meet the minimum,baseline standards in the Architectural Standards Manual(ASM)
pertaining to building form, architectural elements and materials, as follows:
Building Form(pp. D-7 &D-8):
• Goal#R3.10—Articulate building forms, including,but not limited to,massing,walls, and roofs,
with appropriately scaled modulations that contribute to the development of visually aesthetic
and well-articulated building designs.Applies to building facades visible from a public street or
public spaces.
R3.1F—Incorporate visually heavier and more massive elements or materials, such as stone or
masonry,primarily at the base of buildings, and lighter elements and materials such as siding,
above. This excludes columns, supports,modulated walls,architectural features, and roof
elements. (Applies to the modern cottage and modern farmhouse elevations)
RESIDENTIAL:SE
4_
ii Visually heavier material such as stone or masonry should generally be located or begin at the
base of the building,but may continuously cover any area upwards on the faprie,so long as they
appropriately transition into other materials,modulation,or roof forms.
• Goal#R3.20—Residential designs should articulate facades into smaller components and break
up monotonous wall planes by integrating horizontal and vertical elements.
R3.2A—Use any combination of material, color,modulation,or other articulation to delineate
and break up wall planes greater than 20-feet by 10-feet or wall planes exceeding 200 total
square feet(whichever is more stringent).Applies to public oriented building facades visible
from a public street or public spaces. (Applies to the modern cottage and modern farmhouse
elevations)
• Goal#R3.40—Modulate and articulate roof forms to create building profile interest and to
reduce the appearance of building mass and scale. Applies to public oriented facades visible
from a public street,public spaces, and pedestrian environments.
R3.4D—Sloped roofs shall have a significant pitch,to be no less than 5/12 (22-1/2 deg).
(possibly applies to prarie and prairie elevations)
R3.4E—Sloped roofs must extend at least 12 inches beyond the face of walls. (Applies to
modern cottage and possibly mid-century modern)
Architectural Elements(pp. D-13 and D-14): (applies to most if not all of the elevations)
• Goal#R4.10—Use architectural elements and detailing to add interest and contribute to an
aesthetic building character. Applies to building facades visible from a public street or public
spaces.
City of Meridian I Department Report III. Staff Analysis
R4.I—Provide detailing that transition or frame facade material changes,and that integrate
architectural elements such as lighting, doorways and windows. Examples include but are not
limited to: cornice work, decorative caps on brick or stone, decorative lintels,porch railing,
transom light, and shutters.
• Goal#R4.20—Strategically locate focal points as key elements within the building design to
enhance architectural character.Applies to building fagades visible from a public street or public
space.
R4.2A-Provide details that emphasize focal elements such as building corners, entries, or
unique features. Detail examples include but are not limited to: quoin or rustication, canopies,
and columns, or using roof lines and modulation to direct views.At least one focal element is
required and must be accented with a contrast in color,texture, or modulation of the wall or roof
plane.
1* -
as This single family residential home has a number of added ardtitectural elements including.{A} the entry;{Q stane column bases with caps to anchor the building;and{F1 shutters and trim
corbels to emphasise roof gables;{g}transom windows to create more interest:(Cl stained wood around windows and vents to accent and transition mi
columns and accents,to frame the entry and front of the house;{p}sidelights to emphasize
Materials(pp. D-17, D-18, D-19): (applies to most if not all of the elevations)
• Goal#R5.20—Incorporate material and color changes as integrated details of the building
design;maintain architectural integrity and promote a quality appearance and character.Applies
to building fagades visible from a public street,public space, and pedestrian environments.
R5.2A—Use a cohesive color scheme featuring a minimum of two field colors, a trim color, and
an accent color or unique material. Garage door colors must coincide with this scheme or other
accents.
R5.213—For each wall plane area greater than 20-feet in length or height, and visible from
prescribed areas,incorporate at least two distinct field materials,patterns,or colors in any
combination, for at least 25% of the visible area. Windows or portals with qualifying accent
materials may count toward this requirement,when meeting overall material requirements for
the fagade elevation.
City of Meridian I Department Report III. Staff Analysis
• Goal#R5.30—Use colors that complement building materials and support innovative and good
design practices.Applies to building fagades visible from a public street,public spaces,and
pedestrian environments.
R5.3A—Use of subtle,neutral,or natural tones must be integrated with at least one accent or
field material.
I,'_A MIDENTIAL SR
Mr
4a
to This single-family home contains a number of materials to integrate and Maw design elements facade materials wrap around outside cornets and ate finished off with trim or other transitional
to another.These include:{A}distinct tom colors;(0)board and batten siding in a neutral material.The home also includes a number of roof slopes and ridges coinciding with modulation.
field color,to compliment accent colors and stone materials;Q window trim and stone ledges
to integrate windows;(01 gutters colored to match tom;and{EJ a stone field material used to
anchor the building and transition into other materiah,with ledges,vim,and stone caps.All stone
Staff discussed these concerns with the Applicant prior to application submittal and advised the
Applicant to heighten the design of their elevations; however,the developer preferred to stay with their
established product type.Note:Although single-family detached dwellings are not typically required to
comply with the design standards in the ASM, instead receiving higher level review typical with
annexations and preliminary plats, UDC 11-5B-8B.2 does allow compliance to be required with a DA.
Previous concepts proposed with the preliminary plat were in closer conformance to these standards;
therefore, compliance with the standards was not required.
Staff finds the existing elevations to be of a higher quality of design in terms of the baseline
standards in building form, architectural elements,materials and colors. Therefore, Staff is not in
support of the proposed modification without changes to the elevations to comply with the design
standards noted above. Staff recommends the Applicant make revisions to the elevations to comply
prior to City Council taking action on this application.This may require continuance of the
hearing to a later date if the Applicant is unable to make these changes prior to the Council
hearing.
City of Meridian I Department Report III. Staff Analysis
Further, and which is typical of developments along major roadways,because the rear and/or
sides of homes facing S.Linder Rd.,W.Harris St. and S. Oakbriar Way will be highly visible,
Staff recommends a provision in the DA that requires these elevations to 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.Single-story homes are
exempt from this requirement.
Table 3: Proiect Overview
Description Details
History AZ-13-014 Victory South(Ord.#14-1594);H-2016-0001 (PP Brundage
Estates);A-2018-0231 (1st time extension);TECC-2020-0001 (2nd time
extension);TECC-2022-0001 (3rd time extension);TECC-2024-0002(4th
time extension—currently in process)
Acreage 136.63-acres
B. History and Process
The preliminary plat(H-2016-0001) for this property was approved in 2016. Three (3)previous time
extensions have been approved for this subdivision, a fourth is currently in process.
IV. CITY/AGENCY COMMENTS & CONDITIONS
Staff recommends the Applicant make revisions to the proposed elevations to comply with the design
standards noted above in Section III prior to City Council taking action on this application. This may
require continuance of the hearing to a later date if the Applicant is unable to make these changes prior
to the Council hearing.
A. Meridian Planning Division
1. A Development Agreement(DA)is required as a provision of annexation of this property and shall
be entered into between the City of Meridian,the property owner(s), and the developer. The DA
shall be signed by the property owner and returned to the Planning Division within six(6)months of
the date of City Council approval of the Findings of Fact, Conclusions of Law and Decision&Order
for the subject application.A final plat application shall not be submitted until the DA has been
recorded. The DA shall, at minimum, incorporate the following provisions:
a. Future development of this site shall be generally consistent with the preliminary plat,landscape
plan and conceptual park master plan approved with H-2016-0001 and the associated conditions
of approval, including those associated with subsequent time extension applications (i.e. A-
2018-0231, TECC-2020-0001, TECC-2022-0001, TECC-2024-0002).
b. A 10-foot wide detached sidewalk shall be constructed within the required street buffers along S.
Linder Rd. and W. Harris St. as required with TECC-2024-0002.
c. All internal local and collector streets shall align with stub streets to this property.
d. The rear and/or sides of homes facing S. Linder Rd.,W. Harris St. and S. Oakbriar Way 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
City of Meridian I Department Report III. Staff Analysis
other integrated architectural elements to break up monotonous wall planes and roof lines that
are visible from the subject public streets. Single-story homes are exempt from this requirement.
Other Agency comments may be accessed in the proiect file, included in the public record.
V. ACTION
A. Staff:
Staff recommends approval of the proposed MDA application per the analysis in Section III, including
changes to the elevations to comply with the design standards in the ASM, and the recommended
provisions in Section IV above.
A. City Council:
The Meridian City Council heard this item on August 20,2024. At the public hearing,the Council
moved to approve the subject MDA request.
1. Summary of the City Council public hearing:
a. In favor: Becky McKay, Engineering Solutions
b. In opposition: None
c. Commenting:None
d. Written testimony:None
e. Staff presenting application: Sonya Allen
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. Agreement with Staff that the conceptual elevations need to be revised to comply with the
minimum design standards and the process for such.
4. City Council change(s)to Commission recommendation:
a. Council approved the MDA request with the stipulation the Applicant submit revised conceptual
elevations as requested by Staff that comply with the minimum design standards in the
Architectural Standards Manual for approval by Staff prior to Council approval of the DA. The
elevations included herein are not approved.
City of Meridian I Department Report V. Action
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City of Meridian Department Report VI. Exhibits
C. Approved Preliminary Plat(dated: 1/6/16)
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City of Meridian Department Report VI. Exhibits
D. Approved Landscape Plan& Conceptual Park Master Plan
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City of Meridian Department Report VI. Exhibits
E. Approved Conceptual Building Elevations/Photos
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City of Meridian Department Report VI. Exhibits
F. Proposed Conceptual Building Elevations—NOT APPROVED(See Development Agreement for
approved elevations)
JUNIPER COLLECTION
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City of Meridian Department Report VI. Exhibits
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City of Meridian Department Report VI. Exhibits
G. Service Accessibility Report
PARCEL S1225233910 SERVICE ACCESSIBILITY
Overall Scare: 22 11 th Percentile
Description
Location In City Limits
Extension Sewer Trunkshed mains a 500 ft.from parcel
Floodplain Either not within the 100 yrfloodplain or a 2 acres
Emergency Services Fire Response time a 9 min.
Emergency Services Police Meets response time goals most of the time
Pathways Within 1/4 mile of current pathways
Transit Not within 1/4 of current or future transit route
Arterial Road Buildout Status Ultimate configuration(#of lanes in master streets YELLOW
plan)a existing(#of lanes)&road IS in 5 yr work plan
School Walking Proximity From 1/2 to 1 mile walking YELLOW
School Drivability Not within 2 miles driving of existing or future school
Park Walkability No park within walking distance by park type
Report generated on 07-31-2024 by MERIDIA%sallen
City of Meridian I Department Report VI. Exhibits
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