Windrow Neighborhood H-2023-0031 ADA COUNTY RECORDER Trent Tripple 2024-019824
BOISE IDAHO Pgs=67 ANGIE STEELE 04/17/2024 08:45 AM
CITY OF MERIDIAN, IDAHO NO FEE '
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i
DEVELOPMENT AGREEMENT
PARTIES: 11 City of Meridian
2. Conger Management Group,Inc,,DEVELOPER
3. Open Door Rentals LLC, OWNER
4. C4 Land LLC, OWNER
THIS DEVELOPMENT AGREEMENT(this Agreement), is made and entered into this
16th _ day of April 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, I
Meridian, Idaho 83642; and Conger Management Group, Inc., whose address is 4824 W.
Fairview Avenue, Boise, Idaho 83706, hereinafter called "DEVELOPER;" and Open Door
Rentals, LLC, whose address is 1977 E. Overland Road, Meridian, Idaho 83642; and C4 Land,
LLC,whose address is 4824 W.Fairview Avenue,Boise,Idaho 83706, Open Door Rentals,LLC
and C4 Land,LLC shall be referred to herein collectively as"OWNER."
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 § 67-651IA 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 11-513-3 of the Unified Development Code ("UDC"), which
authorizes development agreements upon the annexation and/or re-zoning
of land; and
1.4 WHEREAS, Owner/Developer have submitted an application for
annexation and zoning of approximately 46.133 acres of land with a request
for the R-8(Medium-Density Residential)zoning district on the property as
shown in Exhibit "B" under the Unified Development Code; and a rezone
of approximately 19.611 acres from the R-4 (Medium Low-Density
Residential) zoning district to the R-8 (Medium-Density Residential)
zoning district on the property as shown in Exhibit "C" under the Unified i
Development Code; and a modification to the existing Development
Agreement(H-2015-0019—Inst.92016-007443)for the purpose of creating
a new Development Agreement to develop the proposed residential
DEVELOPMENT AGREEMENT—WINDROW NEIGHBORHOOD(H-2023-0031) PAGE 1 Or 10
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subdivision; 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 annexation and
rezoning held before the 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 17' day of October, 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"D;" and
1.8 WHEREAS, the Findings require the Owner/Developer to enter into a
Development Agreement before the City Council takes final action on the
final plat; and
1.9 WHEREAS, the parcel described in "Exhibit C," which is subject to a
previous Development Agreement recorded as Inst. #2016-007443
("Previous Agreement"), shall be bound by the terms of this Agreement and
shall no longer be bound by the terms of the Previous Agreement; and
1.10 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
1.11 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.
DEVELOPMENTAGREEMENT-WINDRow NEIGHBORHOOD(H-2023-0031) PAGE 2OF 10
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: means and refers to Open Door Rentals, LLC, whose address
is 1977 E. Overland Road, Meridian, Idaho 83642, and C4 Land, LLC,
whose address is 4824 W. Fairview Avenue,Boise, Idaho 83706,the parties
that own said Property and shall include any subsequent owner(s) of the
Property.
3.3 DEVELOPER: means and refers to Conger Management Group, Inc.,
whose address is 4824 W. Fairview Avenue, Boise, Idaho 83706, the party
that is developing said Property and shall include any subsequent
developer(s) of the Property.
3.4 PROPERTY: means and refers to those certain parcels of Property located
in the County of Ada, City of Meridian as depicted in Exhibit "A"
describing the parcels to bound by this Development Agreement and
attached hereto and by this reference incorporated herein as if set forth at
length.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the
right to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
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 substantially consistent with
the approved plat, landscape plan, phasing plan, common drive
exhibits, 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"D" and the provisions contained
herein.
DEVELOPMENT AGREEMENT-W INDROw NEIGHBORHOOD(H-2023-0031) PAGE 3 OF 10
b. The parcel described in "Exhibit C" shall be bound by the terms of this
Agreement and shall no longer be bound by the terms of the Previous
Agreement (Inst. #2016-007443— South Meridian H-2015-0019).
c. The existing home and outbuildings on the property being annexed
shall be removed with the first phase of development, as proposed.
d. The existing home on Lot 1, Block 10 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 Meridian City Code
("MCC") sections 9-1-4 and 9-4-8.
e. The rear and/or sides of homes visible from S. Linder Road and W.
Amity Road (Lots 12-19, Block 3; Lots 5-6, Block 7; Lots 8-18, Block
7; Lots 2-22, Block 2; Lots 2-10, Block 1) 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 street. Single-story
structures are exempt from this requirement.
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 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
DEVELOPMENT AGREEMENT—WINDROWNEIGHBORHOOD(H-2023-0031) PAGE 4OF 10
E.�d/
hearing procedures set forth in Idaho Code section 67-651IA, 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 party responsible for such performance, which shall
include,without limitation,acts of civil disobedience, strikes or similar causes,the
time for such performance shall be extended by the amount of time of such delay.
7.6 Waiver. A waiver by City of any default by Owner/Developer of any one or more
of the covenants or conditions hereof shall apply solely to the default and defaults
waived and shall neither bar any other rights or remedies of City nor apply to any
subsequent default of any such or other covenants and conditions.
8. INSPECTION: Owner/Developer shall, immediately upon completion of any
portion or the entirety of said development of the Property as required by this Agreement or by
City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and
written approval of such completed improvements or portion thereof in accordance with the terms
and conditions of this Agreement and all other ordinances of the City that apply to said Property.
9. REQUIREMENT FOR RECORDATION: City shall record this Agreement,
including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the
third reading of the Meridian Zoning Ordinance in connection with the rezoning of the Property
by the City Council. If for any reason after such recordation, the City Council fails to adopt the
ordinance in connection with the annexation and zoning of the Property contemplated hereby, the
City shall execute and record an appropriate instrument of release of this Agreement.
10. ZONING: City shall, following recordation of the duly approved Agreement,
enact a valid and binding ordinance zoning the Property as specified herein.
11. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under
the UDC, to insure the installation of required improvements, which the Owner/Developer agree
to provide, if required by the City.
DEVELOPMENT AGREEMENT-WINDROWNEIGHBORHOOD(H-2023-0031) PAGE 5OF 10
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: OWNER:
Open Door Rentals, LLC C4 Land, LLC
1977 E. Overland Road 4824 W. Fairview Avenue
Meridian, Idaho 83642 Boise, Idaho 83706
DEVELOPER:
Conger Management Group, Inc.
4824 W. Fairview Avenue
Boise, Idaho 83706
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 Covet 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 patties' 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
ft DEVELOPMENT AGREEMENT-WINDItow NEIGHBORHOOD(H-2023-0031) PAGE 6 or 10 /
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acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of
the Property,or portions thereof,except that any sale or alienation shall be subject to the provisions
hereof and any successor owner or owners shall be both benefited and bound by the conditions
and restrictions herein expressed. City agrees, upon written request of Owner and/or Developer,
to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole
and reasonable discretion,had determined that Owner and/or Developer have fully performed their
obligations under this Agreement.
18. INVALID PROVISION: If any provision of this Agreement is held not valid by
a court of competent jurisdiction, such provision shall be deemed to be excised from this
Agreement and the invalidity thereof shall not affect any of the other provisions contained herein.
19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each
party shall act reasonably in giving any consent, approval, or taking any other action under this
Agreement.
20. REMOVED PROPERTY: The City is hereby authorized, in its sole discretion,to
remove a portion of the Property("Removed Property")from this Agreement at any time,provided
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.
i
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.
DEVELOPMENT AGREEMENT-WINDROW NEIGHBORHOOD(H-2023-003 1) PAGE 7OF 10 rr
[end of text; acknowledgements, signatures and Exhibits A and B follow]
DEVELOPMENT AGREEMENT-WINDROW NEIGHBORHOOD(14-2023-0031) PAGE 8 OF 10
k
ACKNOWLEDGMENTS
IN WITNESS WHEREOF,the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNER:
Open Door ttals, C
By:
Its: hW
STATE OF IDAHO )
ss:
County of Ada )
On this Aay of 201R� before me,the undersigned, a Notary Public in and for said
State, personally appeared M
a��-(�� , known or identified to me to be the
_ � of Open Dd Rentals, LLC and the person who signed above and acknowledged to me
that they executed the same.
IN WITNESS VF
..W0VQV.]have hereunto set my hand and affixed my official Seal the day and year in this
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certificate first above y 1Is L,g o
a :,t;OTAR)A
EA1:) Notary Public
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' ; • My Commission Expires:
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'.,CP�'.�No.20�1't•''0,.•.
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OWNER: �'''naOFn•••�••
C4 Land,RLC
BY
Its: �✓. L r.
STATE OF IDAHO )
ss:
County of Ada
On this 2S "day of 20�before me,the undersigned,a Notary Public in and for said
State, pe onalN�Cs ly appeared—� 4 �[�> known or identified to me to be the
mf? �{� of C4 and, LLC a Il the person who signed above and acknowledged to me that they
executed the same.
IN WITNESS WHEREOF, I have hereunto set my ban and affixed my official seal the day and year in this
certificate first above written.
es
•.•o((� L•* '• ��•• Notary Public
No�rney My Commission Expires
s .ties
B
DEVELOPME1Ql' ENT- NEIGHBORHOOD(H-2023-0031) PAGE 9 OF 10
•,•°9�•OF 10Po'•
DEVELOPER:
Conger Management Group,Inc.
By: U•
Its: „—
STATE OF IDAHO )
ss:
County of AdaCIA )
On this ay of r , 20c�4, before me,the undersigned, a Notary Public in and for said
State, personally appeared , known or identified to me to be the
of Cong&Managemen Group,Inc.and the person who signed above and acknowledged
to me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand an affixed my official seal the day and year in this
certificate first above written,
�••����Al�,St• ;�+���� Notary Public
r
'��.G4.•••M••••y��•,�� My Commission Expires: -
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CITY OF MERIDIAN ATTEST:
By:
Mayor Robert E. Simison 4/16/2024 Chris Johnson, City Clerk 4 16 2024
STATE OF IDAHO )
:ss
County of Ada )
On this 16th day of April ,20 24 , before me, a Notary Public,personally appeared Robert E.
Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian,
who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me
that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
(SEAL) Notary Public for Idaho
My Commission Expires: 3/28/2028
DEVELOPMENT AGREEMENT-WINDROW NEIGHBORHOOD(H-2023-0031) PAGE 10 OF 10 r
r 15
EXHIBIT A
5awtooth Land 5urveym6j, LLC
00Tf� P: (208) 398-8 104 f: (208) 398-8105
2030 9. wa5hm6jton Ave., Emmett, ID 83G 17
Windrow Boundary Description
BASIS OF BEARINGS is N. 0131'28" E. between a found brass cap LS 737, marking the southwest
corner of Section 25 and a found aluminum cap PLS 13934 marking the 1/4 corner common to Sections
25 and 26, T. 3 N., R. 1 W., B.M., Ada County, Idaho.
A parcel of land located in the SW1/4 of Section 25, Township 3 North, Range 1 West, Boise Meridian,
Ada County, Idaho, more particularly described as follows:
COMMENCING at a brass cap marking the southwest corner of said Section 25;
Thence N. 0°31'28" E., coincident with the west line of said SW1/4, a distance of 364.11 feet to a 5/8"
rebar with an illegible cap and the POINT OF BEGINNING;
Thence continuing, N. 0131'28" E., coincident with said west line and said centerline, 962.17 feet to a
5/8" rebar/cap PLS 11574 marking the S1/16 corner common to Sections 25 and 26;
Thence continuing, N. 0131'28" E., coincident with said west line and said centerline, 760.50 feet to the
centerline of the Calkins Drain;
Thence leaving said west line and said centerline and coincident with said centerline of the Calkins
Drain the following five (5) courses and distances:
Thence S. 82151'07" E., 95.25 feet;
Thence S. 7012842" E., 50.00 feet;
Thence S. 59°1641" E., 42.00 feet;
Thence S. 4304442" E., 45.00 feet;
Thence S. 4102442" E., 913.66 feet to the north line of the S1/2 of said SW1/4;
Thence S. 89129'27" E., coincident with the north line of said S1/2 of the SW1/4, a distance of 504.44
feet to a 1/2" rebar/cap PLS 6552 marking the SW1/16 corner of said Section 25;
Thence continuing, S. 89129'27" E., coincident with said north line, 644,28 feet to a 1/2" rebar with no
cap;
Thence leaving said north line, S. 0026'12"W., 1324.51 feet to a 5/8"rebar with no cap on the south
line of said SW1/4;
P:\2023\1 EMT\123048-WINDROW SUB-CONGER\Survey\Drawings\Legal Descriptions\Windrow Boundary.docx
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Thence N. 89132'33" W., coincident with said south line, 645.40 feet to a 5/8" rebar/cap PLS 5617
marking the W1/16 corner common to Sections 25 and 36;
Thence continuing, N. 89132'33"W., coincident with said south line, 1025.52 feet to a 5/8" rebar/cap
PLS 5617;
Thence leaving said south line, N. 0131'28" E., parallel with said west line, 364.11 feet to a 5/8"
rebar/cap PLS 5617;
Thence N. 89032'33"W., parallel with said south line, 300.04 feet to the POINT OF BEGINNING.
Said parcel contains 65.744 more or less.
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EXHIBIT B
5awtooth land 5urveyin6j, LLC
G/l1/7 00 �� P: (208) 398-81 O4 P: (208) 398-81 05
2030 5. Washington Ave., Emmett, ID 6361 7
Windrow Annexation Description
BASIS OF BEARINGS is N. 0031'28" E. between a found brass cap LS 737, marking the southwest
corner of Section 25 and a found aluminum cap PLS 13934 marking the 1/4 corner common to Sections
25 and 26, T. 3 N., R. 1 W., B.M., Ada County, Idaho.
A parcel of land located in the SWi/4 of Section 25, Township 3 North, Range 1 West, Boise Meridian,
Ada County, Idaho, more particularly described as follows:
COMMENCING at a brass cap marking the southwest corner of said Section 25;
Thence N. 0131'28" E., coincident with the west line of said SWl/4 and the centerline of S. Linder
Road, a distance of 364.11 feet to a 5/8" rebar with an illegible cap and the POINT OF BEGINNING;
Thence continuing, N. 0131'28" E., coincident with said west line and said centerline, 962.17 feet to a
5/8" rebar/cap PLS 11574 marking the S1/16 corner common to Sections 25 and 26;
Thence continuing, N. 0131'28" E., coincident with said west line and said centerline, 760.50 feet to the
centerline of the Calkins Drain;
Thence leaving said west line and said centerline and coincident with said centerline of the Calkins
Drain the following five (5) courses and distances:
Thence S. 82051'07" E., 95.25 feet;
Thence S. 70028'42" E., 50,00 feet;
Thence S. 59116'41" E., 42.00 feet;
Thence S. 43144'42" E., 45.00 feet;
Thence S. 4112442" E., 913.66 feet to the north line of the SW1/4 of the SW1/4;
Thence S. 89129'27" E., coincident with the north line of said SWl/4 of the SW1/4, a distance of
504.44 feet to a 1/2" rebar/cap PLS 6552 marking the SWi/16 corner of said Section 25;
Thence S. 0129'06" W., coincident with the east line of said SWl/4 of the SW 1/4, a distance of 1325.09
feet to a 5/8" rebar/cap PLS 5617 marking the W1/16 corner common to Sections 25 and 36 and the
centerline of W. Amity Road;
Thence N. 89132'33"W., coincident with the south line of said SWl/4 of the SW1/4 and said centerline
of W. Amity Road, 1025.52 feet to a 5/8" rebar/cap PLS 5617;
P:\2023\1 EMT\123048-WINDROW SUB-CONGER\Survey\Drawings\Legal Descriptions\Windrow Annexation.docx
Page 11
Thence leaving said south line and said centerline, N. 0031'28" E., parallel with said west line, 364.11
feet to a 5/8" rebar/cap PLS 5617;
Thence N. 89132'33"W., parallel with said south line, 300.04 feet to the PINT OF BEGINNING.
Said parcel contains 46.133 more or less.
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PA2023\1 EMT\123048-WINDROW SUB-CONGER\Survey\Drawings\Legal Descriptions\Windrow Annexation.docx
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EXHIBIT CAOL
Sawtooth Land Surveying, LLC
�P: (206) 398-8104 P: (208) 398-8105
2030 5. 'Washinclton Ave., Emmett, ID 83G 17
Windrow East Rezone Description
BASIS OF BEARINGS is N. 0131'28" E. between a found brass cap LS 737, marking the southwest
corner of Section 25 and a found aluminum cap PLS 13934 marking the 1/4 corner common to Sections
25 and 26, T. 3 N., R. 1 W., B.M., Ada County, Idaho.
A parcel of land located in the SEi/4 of the SW1/4 of Section 25, Township 3 North, Range 1 West,
Boise Meridian, Ada County, Idaho, more particularly described as follows:
COMMENCING at a brass cap marking the southwest corner of said Section 25;
Thence S. 89132'33" E., coincident with the south line of said SW1/4 and the centerline of W. Amity
Road, 1325.56 feet to a 5/8" rebar/cap PLS 5617 marking the W1/16 corner common to Sections 25
and 36 and the POINT OF BEGINNING;
Thence leaving said south line and said centerline, N. 0129'06" E., coincident with the west line of said
SE1/4 of the SWl/4, a distance of 1325.09 feet to a 1/2" rebar/cap PLS 6552 marking the SW1/16
corner of said Section 25;
Thence S. 8902927" E., coincident with the north line of said SEl/4 of the SWl/4, a distance of 644.28
feet to a 1/2" rebar/no cap;
Thence leaving said north line, S. 0026112"W., 1324.51 feet to a 5/8" rebar/no cap on said south line
and said centerline;
Thence N. 8903233"W., coincident with said south line and said centerline, 645.40 feet to the POINT
OF BEGINNING.
Said parcel contains 19.611 acres more or less.
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EXHIBIT D
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW M IDIAI�T.=--
AND DECISION&ORDER
In the Matter of the Request for Annexation,Rezone,Preliminary Plat, and Modification of the
existing Development Agreement(H-2015-0019—Inst. #2016-007443) consisting of 252 single-family
residential building lots and 40 common lots on 65.10 acres in the proposed R-8 zoning district, by
Conger Group.
Case No(s). H-2023-0031
For the City Council Hearing Date of: September 26, 2023(Findings on October 17,2023)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of September 26,2023, incorporated
by reference)
2. Process Facts(see attached Staff Report for the hearing date of September 26,2023, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of September 26,
2023, incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of September 26,2023,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(WINDROW NEIGHBORHOOD AZ,PP,RZ,MDA-FILE H-2023-0031)
- I-
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of September 26,2023,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 § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for Annexation,Rezone,Preliminary Plat, and Development
Agreement Modification is hereby approved per the conditions of approval in the Staff Report
for the hearing date of September 26,2023,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 1I-
6B-7C).
Notice of Conditional Use Permit Duration
Please take notice that the conditional use permit,when granted, shall be valid for a maximum
period of two(2)years unless otherwise approved by the City. During this time,the applicant
shall commence the use as permitted in accord with the conditions of approval, satisfy the
requirements set forth in the conditions of approval, and acquire building permits and
commence construction of permanent footings or structures on or in the ground. For
conditional use permits that also require platting,the final plat must be signed by the City
Engineer within this two(2)year period.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-5B-6.G.1,the Director may authorize a single extension of the time to commence the
use not to exceed one(1)two(2)year period.Additional time extensions up to two(2)years as
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(WINDROW NEIGHBORHOOD AZ,PP,RZ,MDA-FILE H-2023-0031)
-2-
determined and approved by the City Council may be granted. With all extensions,the Director
or City Council may require the conditional use comply with the current provisions of Meridian
City Code Title 11(UDC 11-513-6F).
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. 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 § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight
(28)days after all remedies have been exhausted, including requesting reconsideration of this final
decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as
provided by chapter 52,title 67,Idaho Code. This notice is provided as a courtesy; the City of
Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA.
F. Notice of Right to Regulatory Takings Analysis
Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the
subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory
takings analysis.
G. Attached: Staff Report for the hearing date of September 26,2023
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(WINDROW NEIGHBORHOOD AZ,PP,RZ,MDA-FILE H-2023-0031)
-3-
By action of the City Council at its regular meeting held on the 17th day of October
2023.
COUNCIL PRESIDENT BRAD HOAGLUN VOTED AYE
COUNCIL VICE PRESIDENT JOE BORTON VOTED
COUNCIL MEMBER JESSICA PERREAULT VOTED AYE
COUNCIL MEMBER LUKE CAVENER VOTED AYE
COUNCIL MEMBER JOHN OVERTON VOTED AYE
COUNCIL MEMBER LIZ STRADER VOTED AYE
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
An�11
Mayor obert". S
ison 10-17-2023
Attest:
Chris Johns 10-
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
Cha&m--Wa�By: Dated: 10-17-2023
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(WINDROW NEIGHBORHOOD AZ,PP,RZ,MDA-FILE H-2023-0031)
-4-
STAFF REPORT C�
w
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 9/26/2023 Legend
DATE: tt
Project Locakpri
TO: Mayor&City Council
FROM: Stacy Hersh,Associate Planner — -
x
208-884-5533 r
SUBJECT: Windrow Neighborhood ,
H-2023-0031 i
Wurtii:u
a
LOCATION: Located at the NEC of S. Linder Road x`
and W. Amity Road in the SW '/4 of
Section 25, Township 3N,Range 1 W
(Parcels#S1225347078,#S1225325700, f j
#S1225336520,#S1225336505). - -
'w
I. PROJECT DESCRIPTION
Request for Annexation of approximately 46.133 acres of land from RUT in Ada County to the R-8
zoning district;
• Rezone of 19.62 acres from the R-4 zoning district to the R-8 zoning district;
• Preliminary Plat consisting of 252 single-family residential building lots and 40 common lots on
65.10 acres in the proposed R-8 zoning district; and
• Modification of the existing Development Agreement(DA)(H-2015-0019-Inst.#2016-007443) for
the purpose of creating a new DA to develop the proposed residential subdivision(Note: The MDA
application requires Council action only).
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage AZ—46.133 acres;RZ— 19.62;PP—65.10 acres;
Future Land Use Designation Medium Density Residential(MDR,3-8 du/ac)
Existing Land Use(s) County and City residences and several outbuildings
Proposed Land Use(s) Detached Single-family Residential
Lots(#and type;bldg./common) 292 total lots—251 residential building lots, 1 existing
home,and 40 common lots
Phasing Plan(#of phases) Proposed as five(5)phases
Number of Residential Units 252 single-family units
Density Gross—3.87 du/ac.
Description Details Page
Open Space(acres,total Approximately 10.39 acres of open space proposed
/buffer/ ualified) ((approximately 16
Amenities Four(4)qualifying amenities are proposed,totaling 15.5
amenity points—Large Dog Park,Neighborhood Park with
a play structure,climbing dome, seating areas w/shelter,
other open green space with picnic areas,and multi-use
hway segments.
Physical Features(waterways, The Calkins Lateral and Carlson Lateral bisect the site
hazards,flood plain,hillside
Neighborhood meeting date March 30,2023
History(previous approvals) South Meridian Annexation H-2015-0019,Development
Agreement Inst.2016-007443
B. Community Metrics
Description Details Page
Ada County Highway District
• Staff report(yes/no) Yes
• Requires ACHD No
Commission Action
es/no
Access Access is proposed via S.Linder Road,an existing arterial along the entire west boundary
(Arterial/Collectors/State and via W.Amity Road,an existing arterial street along the entire southern boundary of
Hwy/Local)(Existing and the property.
Proposed)
Stub No existing stub streets.Applicant is proposing five stub streets with this project;two to
Street/Interconnectivity/Cross the east/west for Street B,one to the east for Street K,one to the east for Street O,and
Access one to the north for Street P.
Existing Road Network No
Capital Improvements Cwlal Improvarrronta Plan 1Clpy Intopralad#Ivo Year Work Plan(W mph:
Plan/Integrated Five Year * Lindor Rbad is listed in the CIS to bo wide to"nGi i VKtc y Road rO►miry Road
Work Plan bmwetin 2036 and 3N0
The O t nocbm aF Linder Road ana Amur Rand is Uted In ifte CI-P to tie recortstructee as a
dual tent rorndsboul with a waistbw W rW4h lum bypam tarws wily+4-rhea on lhu north leg.
4-lanes an Ow Sauk#-lanes an rho east. and 4•I8rm an the west kN beLw0@ri 2036 and
2M
+ vewy Rom is *U*dubd ir4 The tFYWp m be wtdnned in manee from Linder (toad to
Mertdlan Rand with the d&sV year {n 2tl2'fi and the corz&uubw date has not been
dafwn*rd.
+ The IMIrYW hdn bf LwKW Read and victory Road is baled irs the CIP to bLe rmcw aimcm as a
:&mgeaene rrxirwtabout b tw~2036 am 2W.
■ The iracimecben of Amoy Rctadr514�9 r,C00 in The CIP la De widened IQ&Lwie+on the
north leg,&Immsonlhc south.T-laneson the east.and i-lams an ltre west"and wgnakred
between 2831 and 21335
Fire Service
• Distance to Fire 2.2 miles from Fire Station#6
Station
• Fire Response Time The project currently lies outside of the Meridian Fire response time goal of 5 minutes.
This project currently falls in an area where we don't have total response times that
meet NFPA 1710 standards or the current city of Meridian adopted standards.
• Accessibility Proposed project meets all required road widths and turnaround dimensions as presented
in the preliminary plat. Any changes shall require Fire Department approval if any
roadways or accesses are changed. The shared drives shall have an address sign at each
entrance and the roadways shall be maintained 365 days a year for Fire,EMS,and Police
responses. The ends of the common driveways shall be signed"No Parking Fire Lane"
Description Details Page
per Appendix D of the 2018 IFC and ACHD sign standards. A phasing plan was
submitted and approved by the Fire Department. Any changes to this plan shall be
approved by the Fire Code Official or his designee.
Water&Wastewater
• Impacts/Concerns See Public Works Site Specific Conditions in Section VIII
C. Project Area Maps
Future Land Use Map Aerial Map
LI
Legend � i Legend
EI°Project Loeohicr, ow D en s lty I Project L ccibn
tes dential
Med-High penslty
IiesiclerrFial � -
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Medium
Density -
Residential
Zoning Map Planned Development Map
F.
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Project LocaHan R-8 r oject LaKon -
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Planned Parcels ---s
R-40 5..
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III. APPLICANT INFORMATION
A. Applicant:
Laren Bailey, Conger Group—4824 W. Fairview Avenue,Boise,ID 83706
B. Property Owner:
Open Door Rentals,LLC— 1977 E. Overland Road,Meridian, ID 83642
C. Representative:
Same as Applicant
IV. NOTICING
Planning&Zoning City Council
Posting Date Posting Date
Newspaper Notification 8/16/2023 9/10/2023
Radius notification mailed to
properties within 500 feet 8/11/2023 9/8/2023
Site Posting 8/25/2023 9/12/2023
Nextdoor posting 8/07/2023 9/11/2023
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 property spans a total of 65.10 acres,with 19.967 acres already annexed as Medium-
Density Residential(R-4)containing an existing home. The remaining 46.133 is proposed to be
annexed with R-8 zoning. Currently,the subject site abuts an R-4 zoning district to the north,while
the east,west, and part of the south are occupied by county residential not yet annexed into the City
of Meridian. To the south,there is Medium-Density Residential(R-4),which is included as part of
the South Meridian Annexation. The subject property is designated as Medium Density Residential
on the future land use map consistent with the approved Brundage Estates Subdivision to the north.
The Applicant proposes a 251-lot subdivision for single-family residential detached homes and one
(1) existing home to remain at a gross density of 3.87 units per acre,which is within the desired
density range of the MDR designation.
TRANSPORTATION: The Master Street Map (MSM)does not depict any collector streets across this
property. South Linder Road along the western boundary of this site is designated as a residential
arterial street and is listed in the ACHD CIP to be widened from 2-lanes(one in each direction)with
no curb,gutter or sidewalk to 3-lanes between 2036 and 2040. West Amity Road is currently
improved with 2 travel lanes (one in each direction)and has no curb, gutter or sidewalk. The
intersection of Linder Road and Amity Road is listed in the CIP to be reconstructed as a dual lane
roundabout with a westbound right-turn bypass lane with 4-lanes on the north leg,4-lanes on the
south,4-lanes on the east, and 4-lanes on the west leg between 2036 and 2040.
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):
• "Establish and maintain levels of service for public facilities and services,including water, sewer,
police,transportation, schools, fire, and parks"(3.02.01 G).
City water&sewer are currently available directly adjacent to this site. Public Works has
discussed the requirements and outlined the path to receiving services in the Public Works
specific conditions in Section VIII.B. Fire Station#6 will be within 2.2 miles of the project and
the project will be located in an area where the Fire Department does not have a total of
response times that meet the standards or current City of Meridian adopted standards.
• "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 medium-density single-family detached homes will contribute to the variety of
residential categories in the City by adding a diverse range of housing sizes and price points.
• "With new subdivision plats,require the design and construction of pathways connections, easy
pedestrian and bicycle access to parks, safe routes to schools, and the incorporation of usable
open space with quality amenities." (2.02.01A).
The proposed plat depicts a total of 10.39 acres (or 16.001o) of qualified open space, much of
which is usable, and quality amenities consisting of a large dog park, neighborhood park
(swings,play structure, climbing dome, seating areas, additional pathway), 10'wide regional
pathways, and shade structures with picnic area.A future City park is planned approximately a
half mile northeast of the proposed development. Because this site is located in a rural area,
there are no sidewalks along S. Linder Rd. or W.Amity Road to provide pedestrian and bicycle
access. For this reason, Staff recommends the detached 10 foot wide sidewalk along the project's
entire frontage adjacent to S. Linder Rd. and W.Amity Rd. to be installed with the first phase of
development.
• "Coordinate with developers,irrigation districts, and drainage entities to implement the proposed
pathway network along canals, ditches, creeks,laterals, and sloughs."(3.08.02B).
The Applicant is proposing a segment of pathway along the Calkins Lateral consistent with the
Pathways Master Plan.
• "Provide options for passive recreational opportunities not typically supplied by parks and
facilities such as jogging,walking, and bicycling."(4.04.01B). The applicant is proposing micro-
paths within the large central open space that have efficient access to the proposed regional
pathway network around the perimeter of the project creating ample opportunity for these
passive recreational elements.
• "Annex lands into the corporate boundaries of the City only when the annexation proposal
conforms to the City's vision and the necessary extension of public services and infrastructure are
provided." (3.03.03)
The proposed development plan is consistent with the City's vision in terms that medium-density
residential uses are proposed; however, only one housing type is proposed rather than a mix of
housing types as desired. Public services and infrastructure are proposed to be provided.
• "Provide options for passive recreational opportunities not typically supplied by parks and
facilities, such as jogging,walking, and bicycling." (4.04.01A).
The extensive pathway system proposed within the Windrow Development will provide for
recreational opportunities such as jogging, walking, and bicycling. The Windrow Neighborhood
will also provide for passive recreational activities such as nature and wildlife viewing within
attractively landscaped areas that will create a calming and relaxing sense of place.
• "Slow the outward progression of the City's limits by discouraging fringe area development;
encourage development of vacant or underutilized parcels currently within City limits."
(4.05.03B)
The proposed project is in the City s `fringe"area; therefore, it may not be a priority area for
extension of City services and development, because there are still vacant entitled properties to
the north yet to be developed.
Staff finds the aforementioned analysis and policies in general make the project consistent with the
Comprehensive Plan.
VI. STAFF ANALYSIS
A. ANNEXATION(AZ) :
The Applicant proposes to annex 46.133-acres of land with an R-8 zoning district. A legal
description and exhibit map for the annexation area is included in Section VIII.A. This property is
contiguous to City annexed land to the north and south and within the City's Area of City Impact
boundary. The City may require a development agreement(DA)in conjunction with an
annexation pursuant to Idaho Code section 67-651IA.
B. REZONE (RZ):
When a portion of the property was annexed into the City of Meridian in 2015 it was zoned R-4
to help delineate that this property would be developed as residential. The Development
Agreement that was created as part of this original annexation dictated that the City would have
services available as soon as possible and the first Rezone application would be free of charge.
This stipulation regarding a Rezone application was made because the annexation was City
initiated and the property had no concept plan or specific development planned at the time of
annexation;the City understood future development may not match the existing zoning and gave
future applicants the opportunity to propose a different zone with redevelopment of the property.
A legal description and exhibit map for the rezone area is also included in Section VIII.A.
A preliminary plat and conceptual building elevations were submitted showing how the property
is proposed to be subdivided and developed with 251 single-family detached dwelling units, one
(1)existing residential home is to remain, and 40 common lots at a gross density of 3.87 units per
acre(see Sections VIII.B, H). The proposed use and density of the development is consistent
with the MDR FLUM designation.
C. DEVELOPMENT AGREEMENT MODIFICATION(MDA):
The Applicant proposes a modification to the existing Development Agreement(DA) (Inst.
#2016-007443)for the purpose of creating a new Development Agreement to develop the
proposed residential subdivision.
The DA will be tied to the submitted preliminary plat and be required to develop the property per
the submitted plans and proposed housing types.
Staff finds the proposed project and the requested applications to be generally consistent with the
future land use designations within this project site.
As a provision of the new DA, Staff recommends the property located at 1100 W. Amity
Road no longer be subject to the terms of DA Inst.#2016-007443 (South Meridian H-2015-
0019) and be subject to the terms of the new DA. The Applicant has provided a legal
description and exhibit map encompassing the entire project boundary that will be
governed by the new DA included in Section VIII.B.
D. PRELIMINARY PLAT(PP):
The proposed preliminary plat consists of 251 building lots, one (1) existing home, and 40
common lots on 65.10-acres in the proposed R-8 zoning district. Proposed lots range in size
from 4,725 to 10,000 square feet(s.f.) (or 0.11 to 0.23 acres). The proposed gross density of the
subdivision is 3.87 units per acre. The subdivision is proposed to develop in six phases as shown
in Section VIII.C.
The Applicant is proposing six(6)phases within this development.Phases 1-4 are situated to
the west of the Calkins Lateral, while Phases 5-6 are located to the east of the Calkins Lateral.
Staff recommends that the main entrance from S. Linder Rd. and the main entrance via W.
Amity Rd. be constructed with the first phase of development. Furthermore, the first phase of
development should encompass the construction of both the 10'detached sidewalks and the
entire street buffers along the frontage of S. Linder Rd. and W.Amity Road. Staff believes that
the construction of the multi-use pathway along the Calkins Lateral should take place during
Phase four(4)instead of waiting until Phase Six(6). This modification aims to provide an
extra amenity to the neighborhood at an earlier stage. Staff generally supports the phasing
plan;however, the Applicant should provide a revised color phasing plan in addition to the
proposed fire phasing plan in Section VIII.Fprior to the City Council Hearing.
Existing Structures/Site Improvements: According to GIS imagery,there are existing homes
and other outbuildings adjacent to Linder Road and Amity Road that will be removed upon
development of Windrow Neighborhood. An existing home on Lot 1, Block 10 is proposed to
remain. No other site improvements are known. All existing structures that do not conform to
the setbacks of the district are required to be removed with the first phase of development,
as proposed.
Dimensional Standards (UDC 11-2): 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. The proposed preliminary plat appears to comply with the dimensional
standards of the district.
Access(UDC 11-3A-3): Two(2) arterial streets (S. Linder Road and W.Amity Road)and one(1)
temporary emergency-only access is proposed via S. Linder Rd. and a secondary emergency
connection is proposed across the northern end of the Calkins Lateral; one(1) stub street is
proposed to the north and west and three(3) stub streets are proposed at the east boundary of the
site for future extension in accord with UDC 11-3A-3. Each phase of development is proposed to
have two(2)accesses for emergency services;the main entrance from S. Linder Rd. and the main
entrance via W. Amity Rd. shall be constructed with the first phase of development. The
proposed emergency access plan was approved by the Fire Department in Section VIII.F.As
noted above, staff recommends the main entrance from S. Linder Rd. be constructed with the
first phase to eliminate the need for the temporary emergency access as proposed by the
applicant.
Currently,Amity Road is improved with 2-travel lanes and no curb, gutter or sidewalk abutting
the site and Linder Road is improved with 2-travel lanes and no curb,butter or sidewalk abutting
the site. Linder Road is listed in ACHD's Capital Improvements Plan(CIP)to be widened to 3-
lanes from Victory Road to Amity Road between 2036 and 2040. The intersection of Linder
Road and Amity Road is listed on the CIP to be constructed as a dual lane roundabout with a
westbound right-turn bypass lane with 4-lanes on the north leg,4-lanes on the south,4-lanes on
the east, and 4-lanes on the west leg between 2036 and 2040. Based on the ACHD Staff report
findings concerning the traffic impact study(TIS),the Applicant is advised to construct specific
turn lanes at site Access A and site Access B to mitigate traffic concerns. For site Access A on
Linder Road, a southbound center left-turn lane and a northbound temporary right-turn lane are
recommended per ACHD's specification. For site Access B on Amity Road, an eastbound center
left-turn lane and a westbound temporary right-turn lane are recommended per ACHD's
specifications. These measures should be implemented as alternative mitigation until the
roadways are widened. Additionally,ACHD's Staff comments/recommendations regarding the
proposed street sections within this development indicate that Street K and Street O do not
conform to ACHD's District policy. Therefore,the Applicant is required to construct these streets
as 33-foot wide street sections. These streets are to be designed in such a way that they stub to
adjacent parcels and can be extended in the future (see snapshot of ACHD"s recommendations
below).
d. Staff CommentsiRecommendations: The applicant's proposal for Street A, Street B, Street
C, Street D, Street E. Street F. Street G, Street H, Street J, Street L, Street M, Street N, and
Street P meets District policy and should be approved, as proposed_
The applicant's proposal for Street K and Street D does not meet District policy_The applicant
should be required to construct Street K and Street O as 33-foot street sections as they stub to
adjacent parcels and will be extended in the future.
The applicant's proposal to construct the entrances of Street A and Street H as 52-foot street
sections with a 10-foot wide landscape median and two 21-foot lanes meets District policy and
should be approved, as proposed. The applicant should be required to plat the landscape
medians as right-of-way owned by ACHD. The applicant or future home-owners association
should enter into a license agreement with ACHD if landscaping is desired within the island_
Parking is allowed on one side of a reduced width street(Streets C, D, E, F,G, M, N, G). The
applicant should be required to install "NO PARKING" signs on one side of all reduced width
streets and on both sides of Street H. The applicant should be required to coordinate a signage
program with District Development Review staff.
The applicant's proposal for four cul-de-sac turnarounds meets District policy and should be
approved, as proposed. The cul-de-sac turnarounds should be constructed with a minimum
radius of 50-feet_
The Applicant should re-design Street A, Street B, Street C, Street J, Street L, Street M, and Street
O to be less than 750-feet in length or provide traffic calming design elements approved by ACHD
Traffic Services. Staff recommends that the Applicant submit a revised preliminary plat showing
the redesigned roadways for review and approval prior to plan approval and ACHD's signature
on the first final plat. Furthermore,ACHD is requiring the Applicant to have approved plans for
the crossing of Calkins Lateral(Street A)prior to the pre-construction meeting and final plat
approval. Staff recommends that the Applicant comply with ACHD's conditions of approval.
Subdivision Design and Improvement Standards (UDC 11-6C-3): Development of the
subdivision is required to comply with the subdivision design and improvement standards listed
in UDC 11-6C-3, including but not limited to streets, common driveways and block face.
There are three (3)common driveways proposed; such driveways should be constructed in accord
with the standards listed in UDC 11-6C-3D.A perpetual ingress/egress easement shall be filed
with the Ada County Recorder or a note added to the final plat that contains a common
driveway, which shall include a requirement for maintenance of a paved surface capable of
supporting fire vehicles and equipment.An exhibit was submitted with the application that
depicts the setbacks,fencing, building envelope, and orientation of the lots and structures
accessed via the common driveway(See Section VIII.G). If a property abuts a common
driveway but has the required minimum street frontage and is taking access via the public
street, the driveway should be depicted on the opposite side of the shared property line from the
common driveway.Address signage should be provided at the public street for homes accessed
via common driveways for emergency wayfinding purposes. Staff concludes that the common
driveway exhibit submitted appears to satisfy the UDC code requirements.
Block length is required to comply with the standards listed in UDC 11-6C-3F. Block faces should
not exceed 750' in length without an intersecting street or alley unless a pedestrian connection is
provided,then the block face may be extended up to 1,000' in length. In accordance with UDC
11-6C-3FA, a block face should not exceed 1,200 feet,unless a waiver is granted by the City
Council. In certain cases,as specified in section(17)(3)of this regulation, traffic calming measures
may be necessary for blocks that surpass 1,000 feet in length. Staff finds that Street A,Street B,
Street C, and Street M each include a pedestrian connection that meets the conditions outlined
in UDC 11-6C-3F as stated above. Staff has determined that Street L should incorporate a
pedestrian connection located within Block 11 that connects to the east to break up the block
length. The Applicant has initially proposed a block length of 1,229 feet for Street "J"in
Section VIILH,however, upon verifying the measurement,Staff found that Street "J"actually
exceeds a length of 1,800 feet. The Applicant is seeking a Council Waiver for the block length.
However,Staff believes in order for the Council to grant the waiver, the Applicant should
extend a public street across the northern edge of the Calkins Lateral in the location where the
emergency access is proposed. This topic was discussed during the pre-application meeting.
The applicant has indicated that the irrigation district wants to limit the number of crossings
over the lateral however,staff doesn't have any written documentation of such a request. Staff
recommends that the applicantprovide written documentation from the irrigation provider
stating that another public street connection is not desired prior to the City Council hearing.
Moreover, to help reduce traffic speeds, the design of Street "J"incorporates curves, however,
the applicant should still incorporate traffic calming measures as required by ACHD and
UDCll-6C-3F. Further,Staff recommends that the Applicant incorporate an additional
pedestrian connection and pedestrian bridge over the Calkins Lateral from the north side of this
road through Lot 46 or Lot 47,Block 7 to align with the cul-de-sac. Incorporating an
additional pedestrian bridge in the center of the development enhances accessibility to the open
space and amenities within the area. If the applicant doesn't want to extend the road and
install the additional open space and pedestrian bridge as recommended, the block length for
street "J"should not exceed 750 feet as required by the UDC.
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 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.
According to the submitted elevations, each home is proposed with a two-car garage or a three-
car garage which presumes a 3 to 5-bedroom home and would require a minimum 20 foot to 3-
foot wide driveway for each building lot. In addition, as discussed above, some of the streets
within this development are proposed as 27 foot wide street sections which only allow parking on
one side of the street instead of both sides as allowed on the standard 33 foot section. The
Applicant has submitted a "Parking Plan"that illustrates an additional 428 on-street parking
spaces(over 1.7 additional parking spaces per home) available for use by the residents(See
Section VIII.I).
Sidewalks & Pathways(UDC 11-3A-17& UDC 11-3A-8): 5-foot wide attached and detached
sidewalks are proposed along the internal local streets consistent with UDC requirements. The
Applicant is also proposing other pedestrian walkways throughout the entire site. According to
the Meridian Master Pathways Plan, a 10-foot wide detached multi-use pathway is required along
S. Linder Road(a residential arterial), a detached 10-foot wide pathway along W. Amity Road(a
residential arterial), and a 10-foot pathway is required along the Calkins Lateral. The Applicant
has included the pathways on the plans; however; the pathway widths are not indicated on the
plans to determine if they are consistent with the UDC. The Applicant is required to place the
multi-use pathways within public access easements adjacent to the public streets unless they are
within ACHD right-of-way. Additionally, the common driveways located at the northwest corner
and southwest corner of the development should incorporate micro paths adjacent to the 5-foot
landscape buffers to enhance walkability within the neighborhood.
Staff recommends the Applicant revise the plat and landscape plans to include the dimensions
of the pathways and micro paths on the plans. The landscape plan does not depict landscaping
on each side of the 10 foot multi-use pathway along the Calkins Lateral. Landscaping is
required along all pathways in accordance with the standards listed in UDC 11-3B-12C; a
landscape strip a minimum of five(5)feet wide shall be provided along each side of the
pathway with a mix of trees, shrubs, lawn, and/or other vegetative ground covers.
Landscaping(UDC 11-3B): A 25-foot wide street buffer along S. Linder Road, an arterial
street, and a 25-foot wide street buffer along W. Amity Street, an arterial street, are required and
should be landscaped per the standards in UDC Table 11-3B-7C. All landscape areas should be
landscaped per UDC 11-313-5, general landscaping standards. Lastly, according to the submitted
plans,the Applicant is proposing pathways and micro-paths which should be landscaped in
accord with UDC 11-3B-12 standards.
The Applicant is showing a 25 foot wide common lot along S. Linder Road and a 25 foot wide
common lot along W.Amity Road consistent with UDC code requirements. The landscape buffers
are depicted with trees in excess of code and include landscape beds with shrubs and other
vegetative ground cover, consistent with UDC 11-3B-7. Therefore, Staff finds the proposed street
buffers comply with all UDC requirements. In addition, all open space areas are shown with
trees, sod, and other landscaping in excess of minimum code requirements.
Fencing(UDC 11-3A- : 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 6-foot vinyl privacy
fencing along the perimeter of the property and the rear lot lines and a 4-foot or 5-foot tall
wrought iron open vision fencing adjacent to any common open space areas. Both fencing types
and their proposed locations comply with UDC standards.
Qualified Open Space(UDC 11-3 : The proposed project is approximately 65.10 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. Per the calculations,the
minimum amount of qualified open space required is 9.77 acres.According to the submitted
plans,the Applicant is proposing 10.39 acres of qualified open space, exceeding the minimum
amount required. The proposed 10.39 acres equates to approximately 16%qualified open space.
The qualified open space proposed a. Enhanced landscaping asset forth in Article 9 9-33.Landscaping Requirements;
consists of% of the arterial street h. Mufti-use pathways;
buffer to S. Linder Road, % of the c. Enhanced amenities with social interaction characteristics;
arterial street buffer to W.Amity d. Enhanced context with the surroundings.
Road, there are several large central
open space areas, and several smaller common open space areas located throughout the
development. The landscape buffers to the adjacent arterial/public streets meet the enhanced
buffer requirements outlined in UDC 11-3G-3B.3 to count towards the open space. Previously,
these areas automatically qualified towards the minimum open space but this is no longer the
case with the latest open space code updates that desires for more than the minimum to be
included within the required buffers in order to count towards the overall qualified open space
for a project. The Applicant appears to comply with all four(4)points outlined in code (See
Section VIII. D&E). Additionally, the parkways depicted on the Open Space Exhibit as
qualifying open space appears to meet the three(3)points outlined in code(See Section VIII. D&
E).
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The centralized open space area on Lot 14, Block 12 depicts playground equipment with shelter, a
climbing dome, seating areas, all connected to the surrounding local streets via 5-foot wide
sidewalks. The centralized open space on Lot 6, Block 5 and Lot 3, Block 9 depict, large open
grass areas,picnic shelter, and internal pathways. Overall,Staff supports the proposed open
space and their locations being centralized within the development for fairly equitable access on
both sides of the Calkins Lateral with the fire access available from the north and the
pedestrian bridge access from the south over the Lateral. As mentioned above,Staff
recommends the Applicant incorporate an additional pedestrian connection and pedestrian
bridge over the Calkins Lateral from the north side of Street "J"through Lot 46 or Lot 47,
Block 7 to align with the cul-de-sac. Incorporating an additional pedestrian bridge in the
center of the development enhances accessibility to the open space and amenities within the
area.
Amenities(UDC 11-3 : UDC 11-3G-4 dictates the minimum amenity points required for
projects over 5 acres in size. The project size of 65.10 acres requires a minimum of 13 amenity
points(1 point for every 5 acres).According to the submitted plans and narrative,the Applicant is
proposing the following qualifying amenities:playground park(includes play structure, climbing
dome, climbing rocks, swings,passive open spaces,and seating areas) in Phase 6, fenced dog park
(includes seating benches, dog waste facility,micro-pathway) in Phase 1,Picnic shelter on Lot 6,
Block 5 and on Lot 3,Block 9 in Phase 2 and Phase 5, and three segments of 10' wide multi-use
pathways equaling approximately 4,000 linear feet each in length in Phases 1 and 6. According to
UDC Table 11-3G-4,the proposed amenities total 15.5 amenity points and exceed the minimum
amenity point requirements for a project of this size. Staff has concerns regarding the amenities
provided across differentphases within the development. As mentioned above,Staff
recommends that the 10'pathway along the Calkins Lateral should be constructed with Phase
Four(4) instead of waiting until Phase Six(6). To address the issue of timing,Staff
recommends that Lot 10,Block 8 in Phase 4 should include another qualifying amenity for the
northern portion of the neighborhood, ensuring that residents are not waiting until Phase 6 for
the proposed playground on the eastern side of the lateral. Additionally, in the interest of
enhancing the enjoyment of open space areas, Staff finds the picnic areas on Lot 6,Block 5,
and Lot 3,Block 9 should be equipped with tables and benches with the proposed shade
structures in accordance with UDC 11-3G-4. Staffs recommendations are aimed at ensuring
there are adequate amenities within each phase. A detail of the amenities should be submitted
with the final plat application for the phases in which they are located.
Waterways(UDC 11-3A- : According to GIS imagery,the Calkins Lateral bisects the site and
continues to northern boundary and the Carlson Lateral bisects the eastern parcel of the proposed
development. The Calkins Lateral runs across the northeast corner of this site within a 51-foot
wide easement. The Applicant proposes to leave the waterway open and improve the area as a
linear open space with a pathway as allowed by UDC 11-3A-6B.2. It is presumed that the Carlson
Lateral is being tiled and relocated as part of the construction of this development. The Applicant
is required to comply with UDC 11-3A-6 and ensure this irrigation facility bisecting the eastern
property is tiled or relocated. Staff recommends that the Applicant graphically depict the
relocation of the easement on the plat prior to the City Council hearing.
Furthermore, irrigation easements wider than ten (10)feet shall be included in a common lot
that is a minimum of twenty (20)feet wide and outside of a fenced area, unless otherwise
waived by City Council in accord with UDC 11-3A-6.
Utilities(UDC 11-3A-21): The Applicant is proposing and is required to extend necessary public
utilities for the proposed project. Public Works has reviewed the subject applications for
compliance with their standards and finds them to be in general compliance, see the specific
conditions outlined in Section VIII.B of this report.
Pressurized Irrigation System (UDC 11-3A-15): 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(UDC 11-3A-19 I Architectural Standards Manual): The Applicant
submitted conceptual building elevations for the proposed homes.Note that detached single-
family homes do not require Design Review approval prior to building permit submittal.
The submitted elevations depict varying roof profiles and colors with the same or similar field
materials of lap siding and stone accents for the detached home. Overall, Stafffinds the submitted
elevations to comply with the minimum standards but hopes future elevations depict more
variation in finish materials to help delineate the building facades along public streets.
VII, DECISION
A. Staff:
Staff recommends approval of the requested annexation,rezone,preliminary plat and
development agreement modification applications with the requirement of a new DA per the
conditions of approval in Section IX and the Findings in Section X of this staff report.
B. The Meridian Planning&Zoning Commission heard these items on September 7, 2023. At the
public hearing,the Commission moved to recommend approval of the subject Annexation,
Preliminary Plat,Rezone and Development Agreement Modification requests.
1. Summary of Commission public hearing_
a. In favor: Hethe Clark
b. In opposition:None
c. Commenting
d. Written testimony:None
e. Staff presenting application: Stacy Hersh,Associate Planner
f Other Staff commenting on application: None
2. Key issue(s) public testimony
a. None
3. Ke. ids)of discussion by Commission:
a. Concerns with the Block length of Street"J"and how to mitigate the traffic flow.
4. Commission change(s)to Staff recommendation:
a. None
5. Outstanding issue(s) for City Council:
a. None
C. The Meridian City Council heard these items on September 26,2023.At the public hearing.the
Council moved to approve the subject Annexation.Preliminary Plat.Rezone. and Development
Agreement Modification requests.
1. Summary of the City Council public hearing:
a. In favor: Hethe Clark,Applicant Representative
b. In opposition:None
C. Commenting: Brooke Green.ACHD
d. Written testimony: Mike&Melissa Bernard:Beck Mckav, Engineering Solutions
e. Staff presenting application: Bill Parsons,Planning Supervisor
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 regarding the block length for Street J and implementation of traffic calming
measures and possibly installing a raised crosswalk.
b. Frontage improvements along Amity Road&Linder Road with Phase One.
C. Concerns with the property on the corner and pedestrian connections at the intersection
of Linder Road&Amity Road as it relates to this proiect.
4. City Council change(s)to Commission recommendation.
a. Removal of condition 3.g and a Council Waiver granted for the block length of Street J.
VIII. EXHIBITS
A. Annexation and Rezone Legal Descriptions and Exhibit Maps
I
5aztcoth Land Sorvcytnej, Ll.0
�C30 5. Wi5hington Ave., Emmett, '-a 83C 17
Windrow Annexabon Descripdon
BASIS OF BEIARIN n5 N_ 0031'29" E. between a found brass cap LS 737, marking the wuthwest
corner of$"on 25 and a found aluminum cap PL51393+4 marking the 114 corner common to Sections
25 and 26,T, 3 N., R, I W, B.M.,Ada County, Idaho.
A parser oP Land located in the SWIM of 5ectIon 25, Township 3 Ncrth, Range 1 WP-N, wise meridian,
Ada County, Idaho,more p4iticularly described as follows:
l2DMMENl031NG at a brass cap merklq the southwest corner of Bald Section 25;
Thence N.0131'28" E., coincident with thq wn,t line of sald SW1/4 and the ceerterilne of 5, Linder
Road, a distance of 354,11 Feet to a 5/8"rebar with an I Ileglble cap and the PUMT OF BEGINNING;
pence continuing, N. 003128"E., coincident with said west Gne and said centerline, 962.17 feet to a
5/8"rebarIcap PLS 11574 marking the S1116 corner common to Secbmis 25 and 26;
Thence Continuing, N. 0123126"E., aoIncident With said west line and said cenurline, 760.50 feet to the
centerline of the Calkins Drain;
Thence leaving sold west line and said oenturline and coincident vulth said centerllne of thpe C�IkA5
Drain the following Ave(5) courses and distances:
Thence S.8r51W"E,,95,25 feet;
Thereoe S.70028'42"E., 50.00 feet;
Thence S.5901"1"E„42,00 feet;
Thence S. 43"+V42"E.,45,00 feet;
Thence S. 41112442" 6., 913.66 feet to ttre riotth line of the SW114 of tthe SWI/J;
Thence S. 89112927"E., colncdent wlth the north line of said SW1/4 ai=the SWi/4,a distanm of
504.44 feet to a 112"riebar/cap PLS 6552 marking the SW1/16 corner of said Section 25;
Thence S_ M9%"W.,coincident w1th the east line of sald SWI/4 of the SW 1{4, a distance of 1325.09
feet to a 518"mbar{Cap PLS 5617 marking the W1/16 corner common to Sectlons 25 and 36 and the
cenNriine of W. Amity Road;
Thence N. 8903233"W., coincident wlth the south II"of said SW1/4 of ttie SW 1l4 and said centwliine
of W. Amity Road, 1025.52 Feet to a 5/9"'rebar/cap PLS 5617;
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Ta¢IeNns aald wM Ine and ale m nH,,,, N.M3m-F, panel wIN aV weOmme.W.0
and to a W/ 2Gr/op P55617;
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Wncirow Ea4 Rezone Descripla n
MRS OF BB10.1WG N. 0°31RB' E bopmena found own ap IS 732, mining Me coutlmat
corm,V Satan 25 ano a found aluminum up M513934 mmtlng the 1/0 tuner common M Sertlms
25 and 26,T. 31 R, I W., li Ma Carl IEaM.
B parted N land Ircdbl In Na M/4 of the 5W111 of SeNon 25,TwmsMp 3 NmN,Nance 1 Wai,
Sam MOIEun, Me imi Wall, more palloula l6exnRN as fall
OOMM6MaNG at Lets cop m meng 1M rammoruf carrier and 5atlon 25�
Tcrce 5. M-3233"E,coma m WIM the word,line of mid 511 and the oill ne of W. All
land, 131`55 f&i W a 5)B"\a rtial PIS 5617 marking me WV 16 comer common a Seatlms 25
aM M and the MIW OF BEOMM G,
Term Ii mid mad, Ilre and sold anti N.0.29W E,cardident wM me wrest line or and
Si Mlle 5W114, a dl5mnco of 1325.09 met W a In"mountain;PIS 65U mar ding Me SW1116
0lru of mid Satan 25.
Theta S. 691 E.,Immanent with the noM Far,of and SElla M the Sai a dirtance M6N.28
fxta a i attention mp;
iBel¢kaving and nmt,line. S. T76'12"W., 1329.51 hM a a 5IS"nei cap on mid ii lire
and arm canonical
1Tcxe N.Sm3233-W.,normal mill word,line and WN canbllne,645.90 Reno the POSMF
OF M=WNO.
Send pvul mnRins 19.611 acres more or pars.
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B. Windrow DA Boundary Legal Description and Exhibit Map
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Windrow Boundary Description
BASIS OF BEARXNGS is N, 0031'25" E. between a found brass cap LS 737, marking the southwest
corner of 5ecdon 25 and a Found aluminum Cap PL5 13934 marking the 114 corner common to Sieetions
25 and 26, T. 3 N., R. 1 W., B.M., Ada County, ]dahn.
A parcel of Wr cl kacatW in the 5WI14 of Sectlon 25, Township 3 North, Range 1 West, Rise Meddian,
Ada Couro, Idaho, more parter`uII8dy described as foflows:
COMMENCING at a brass cap marking the southwest corner or said Sacl€m 25;
Thence N. fr31'28" E., ccindderit with the west Ilene of said SW1/4,a diStanbe of 364-11 feet to a 5113"
rebar with an illegible cap and the POINT OF BEGINNING;
Thence ountlnuing, N. 0031'28"E.,colnddent with said west Iln+e and said oenterfIne,962.17 fleet to a
518"rebar/cap PI_S 11574 marking the S1/16 career caminon to SWIans 25 and 26;
Thence continuIng, N. 0113178'E., coincident with said west Ifne and said centerdIne, 760.54 feet to the
centerifne of the Calkins Drain;
Thence leaving said west Ifne and said cen"rwN and coincdent with said centerline of the Calkins
Drain the following live(5)co-urses and distances:
Thence S. 82"51'07'E.r 95.25 feet,
Thence S. 70028042"E., 50.00 feet.
Thence S. S901641"E-, 42,00 fit;
Thence S. 43114442"E., 45.00 feet;
Thence S. 41112442"E„ 913.65 feat to the north Ifne of the S112 of said SWif4;
Thence S. 89129'21'E„ coincident with the earth line of said 5112 of the 5W1/4, a distance of 504,44
feet to a 112"rebarleap PLS 6552 marking the SW1116 corner of Said Section 25;
Thence condnuing, S, W2927"E., coincident with said "rth Ilre, 644.28 feet to a 1/2" rehar with no
UP;
Thence leaving said north line, S. 0026'12"W., 1324.51 feet to a 5I8"rebar with no Cap on the south
line of said SWIJ4;
P 202311 EMn1230A8-WINDROW SUIT•CONCER%Surveyk0rawtng6%Lepi oescliowrxsMkparow Boundary doex
TBenw N. B9°3233'W., wlntltlelrt with sal mNN Ilse, MS.W feet to a 5/V redar/wp PIS 5512
darning the WIf16 winner common W S Hens 25 and! 36;
Tlenre conlinuing, N. 88°3233"W., coinckwt wlth mid muth IIne, 1025.52 feet W a 5/8"rebar/rap
P15 %1T;
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- - - - -------------- -
C. Landscape Plans(date: 5/25/2023)
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F. Revised Common Drive Exhibits:
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The Windrow Neighbafhflod will meet or exceed all the requirements of the City 04 Meridian's Cade for
off-street pafki ng,All homes withi In the neighborhaod will h ave a min i mum of a two(2)rar garage and a
driveway that will a€cornmoldate an additional two(2)parking spaces,far a total of four(4)of-street
parking spaces.As illustrated below,an additional 428 {over 1-7 additional per home on street parking
spaces will he available far use by the residence-
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Page 15
I. Conceptual Building Elevations&Floorplans
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IX. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
1. A Development Agreement(DA) is required as a provision of annexation and rezone of this
property. Prior to approval of the annexation and rezone ordinance, a DA shall be entered into
between the City of Meridian and the property owner(s)/developer at the time of ordinance
adoption. A final plat will not be accepted until the DA is executed and the AZ and RZ
ordinance is approved by City Council.
Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to
commencement of the DA. The DA shall be signed by the property owner and returned to the
Planning Division within six(6)months of the City Council granting the annexation and
rezone. The DA shall, at minimum, incorporate the following provisions:
a. Future development of this site shall be substantially consistent with the
approved plat, landscape plan,phasing plan, common drive exhibits, and
conceptual building elevations included in Section VIII and the provisions
contained herein.
b. The property located at 1100 W. Amity Road shall no longer be subject to the terms of
DA Inst. #2016-007443 (South Meridian H-2015-0019).
c. The 10' detaehed sidewalks a-ad the stFeet buffer-s along S. Linder-Rd. shall be eeffstmeW
+1, the ra t, f,a development; ra W Amity R I, ll b t. � ,l t the
�icrrcrri�ccvria�rra�vrcccveT��riicir, c`5�cc��rrrv�coiracrc'sccc¢`v`r'rarcn�.
development;first phase of
the Calkins Later-alm shall be shall be eenstpaeted with the fbtiAh phase.
d. The existing home and outbuildings on the property being annexed shall be removed with
the first phase of development, as proposed.
f. The existing home on Lot 1,Block 10 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.
g. The rear and/or sides of homes visible from S. Linder Road and W. Amity road(Lots
12-19,Block 3; Lots 5-6,Block 7; Lots 8-18,Block 7; Lots 2-22, Block 2;Lots 2-10,
Block 1) 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 street.
Single-story structures are exempt from this requirement.
Preliminary Plat Conditions:
2. The preliminary plat included in Section VILB,dated May 23, 2023, shall be revised-
!5 days .t the City C,,une l he -ing as follows:
a. Revise the plat to include 10-foot sidewalks along the Linder and Amity frontages.
b. Add a plat note stating that direct lot access to S. Linder Road and W. Amity Road is
prohibited.
c. Revise the plat to illustrate Street K and Street O as 33-foot wide street sections in
accordance with ACHD's District policy.
d. Consistent with ACHD conditions of approval and UDC 11-6C-3F,provide traffic
calming measures along Street A, Street B, Street C, Street J, Street L, Street M, and
Street O to help mitigate its long and straight design or revise the plat to redesign the
roadways. The Applicant is seeking a Council Waiver for Street J due its block length
exceeding 750-feet-a Council Waiver was granted.
e. The A•.•.hea t shall submit a revisedphasing plan (i color-) as follows:
• include the construction of both 10 foot detaehed sidewalks and the entire street
buffers .,long the frontage of S.hinder-Rd and MI Amity Rd with the flFst phase
• Construet the 10 foot multi use pathway and assoeiated landseaping with the
thiFd phase.
doesn't• The S.Under-Rd. efitFafiee shall be eOHStFueted with the first phase in lieu of the
temporary emer-geney aeeess.Update the proposed fire phasing plan to align
loeation where the emer-g proposed AND add an additiona
mier-opath and pedestrian br-id — — kildns Later-a!f-Fom the north side o
road i thr-ough Lot 46 or-Lot 47,Bloek 7 to align with the en! de sae.A detail o
the pedestrian bridge shall be submitted with phase 3 of the final plat. if th
oveF the f
doesn't the appheant shall provide written doeumentation stating s
if the appheant
bridge,spaee and pedestrian
the bloek length for-road i shall not exeeed 750 feet
in eeor-d with UDC 11 6C M.
f. The existing home shall obtain a new address upon development of this project
consistent with the development of the new local street.
g. If the Carlson Lateral easement is wider than ten(10)feet, it shall be included in a
common lot that is a minimum of twenty(20) feet wide and outside of a fenced area,
unless otherwise waived by City Council in accord with UDC 11-3A-6.
3. The landscape plan included in Section VII.C, dated July 29, 2022, shall be revised 11
pFieF t the City!''.,,,nei He -inn as follows:
a. A detail for each of the amenities shall be depicted on the plan or submitted separately.
b. Landscaping shall be depicted on either side of pathways. Landscaping is required along
all pathways in accordance with the standards listed in UDC 11-3B-12C; a landscape
strip a minimum of five (5) feet wide shall be provided along each side of the pathway
with a mix of trees, shrubs,lawn, and/or other vegetative ground covers.
c. The common driveways abutting Lot 11,Block 3 and Lot 19,Block 7 located at the
northwest corner and southwest corner of the development shall incorporate micro paths
adjacent to the 5-foot landscape buffers to enhance walkability within the neighborhood.
d. 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.5. The Applicant shall
coordinate with the City Arborist(Kyle Yorita kyorita@meridiancity.org)to determine
mitigation requirements prior to removal of existing trees from the site.
f. The picnic areas on Lot 6,Block 5, and Lot 3,Block 9 shall be equipped with tables and
benches with the proposed shade structures in accordance with UDC 11-3G-4.
g _
h. Street"L" shall incorporate a pedestrian connection located within Block 11 due to the
block length.
i. Make the necessary revisions to the landscape plans to match the plat revisions noted
above in IX.2.
4. Future development shall be consistent with the minimum dimensional standards listed in
UDC Table 11-2A-6 for the R-8 zoning district.
5. 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.
6. The Applicant shall comply with all ACHD conditions of approval.
7.
eleeeted eensisten4 with T T� 11 3A 6 standards. The Calkins Lateral can remain
open if granted approval by City Council.
8. Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-
3A-15,UDC 11-3B-6 and MCC 9-1-28.
9. Address signage shall be provided at the public street for homes accessed via common
driveways for emergency wayfinding purposes.
10. A perpetual ingress/egress easement shall be filed with the Ada County Recorder or a note
added to the final plat that contains the common driveways,which shall include a
requirement for maintenance of a paved surface capable of supporting fire vehicles and
equipment.
11. Prior to the City Engineer's signature on each final plat, a 14-foot wide public pedestrian
easement shall be submitted to the Planning Division and recorded for the multi-use pathway
along Calkins Lateral.
12. Upon completion of the landscape installation, a written Certificate of Completion shall be
submitted to the Planning Division verifying all landscape improvements are in substantial
compliance with the approved landscape plan as set forth in 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 signature on a final plat within two years of the date of the approved
findings; or 2) obtain approval of a time extension as set forth in UDC 11-6B-7.
B. PUBLIC WORKS
https://weblink.meridianciU.org/WebLink/Doc View.aspx?id=303089&dbid=0&r0o=MeridianC
i &Cr--I
C. FIRE DEPARTMENT
https://weblink.meridianciU.org/WebLink/DocView.aspx?id=300782&dbid=0&r0o=MeridianC
D. ADA COUNTY DEVELOPMENT SERVICES
https://weblink.meridianciU.org/WebLink/DocView.aspx?id=301758&dbid=0&r0o=MeridianC
Lty
E. BOISE PROJECT BOARD OF CONTROL(BPBC)
https://weblink.meridiancioy.org/WebLink/Doc View.aspx?id=301690&dbid=0&repo=MeridianC
Lty
F. MERIDIAN PATHWAYS—CONDITIONS
https://weblink.meridiancioy.org/WebLink/DocView.aspx?id=303090&dbid=0&repo=MeridianC
Lty
G. BOISE KUNA IRRIGATION DISTRICT
https://weblink.meridiancitE.orglWebLinkIDocView.aspx?id=300883&dbid=0&repo=MeridianC
i &cr=1
H. IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ)
https://weblink.meridianciV.orglWebLinkIDocView.aspx?id=301382&dbid=0&repo=MeridianC
Lty
I. VALLEY REGIONAL TRANSIT(VRT)
https://weblink.meridianciU.org/WebLink/DocView.aspx?id=301026&dbid=0&r0o=MeridianC
Lty
J. COMPASS
https://weblink.meridianciU.org/WebLink/Doc View.aspx?id=301760&dbid=0&r0o=MeridianC
i &cr--I
K. NAMPA&MERIDIAN IRRIGATION DISTRICT(MNID)
https://weblink.meridianciU.orglWebLinkIDocView.aspx?id=302018&dbid=0&repo=MeridianC
ky
L. IDAHO TRANSPORTATION DEPARTMENT(ITD)
https://weblink.meridianciU.org WWebLinkIDocView.aspx?id=303608&dbid=0&repo=MeridianC
i &cr=1
M. NEW YORK IRRIGATION DISTRICT
https://weblink.meridiancity.orglWebLinkIDocView.aspx?id=303544&dbid=0&repo=MeridianC
i&
N. SCHOOL IMPACT TABLE
https://weblink.meridianciU.or zlWebLinkIDocView.aspx?id=305128&dbid=0&repo=MeridianC
O. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https://weblink.meridiancioy.orzlWebLinkIDocView.aspx?id=305825&dbid=0&repo=MeridianC
X. FINDINGS
A. Annexation and Rezone(UDC 11-511-3E)
Required Findings: Upon recommendation from the commission,the council shall make a full
investigation and shall, at the public hearing,review the application. In order to grant an
annexation and/or rezone,the council shall make the following findings:
1. The map amendment complies with the applicable provisions of the comprehensive
plan;
Commission finds the proposed zoning map amendment to annex the property into the City of
Meridian and rezone apportion of the property with the R-8 zoning district with the proposed
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 districts,
specifically the purpose statement;
Commission finds the proposed zoning map amendment and the request for the development
complies with the regulations outlined in the requested R-8 zoning district and is consistent
with the purpose statement of the requested zone.
3. The map amendment shall not be materially detrimental to the public health,safety,
and welfare;
Commission finds the proposed zoning map amendment should not be detrimental to the
public health, safety and welfare should all conditions of approval be met.
4. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the city including,but not
limited to,school districts; and
Commission finds the proposed zoning map amendment will not result in an adverse impact
on the delivery of services by any political subdivision providing public services within the
City.
5. The annexation(as applicable)is in the best interest of city.
Commission finds the annexation and rezone is in the best interest of the City.
B. Preliminary Plat Findings:
In consideration of a preliminary plat, combined preliminary and final plat, or short plat,the
decision-making body shall make the following findings:
1. The plat is in conformance with the Comprehensive Plan;
Commission finds that the proposed plat is in general compliance with the adopted
Comprehensive Plan in regard to land use, density, transportation, and pedestrian
connectivity. (Please see Comprehensive Plan Policies in, Section V of this report for more
information)
2. Public services are available or can be made available and are adequate to accommodate
the proposed development;
Commission finds that public services will be provided to the subject property with
development. (See Section VIII of the Staff Report for more details from public service
providers.)
3. The plat is in conformance with scheduled public improvements in accord with the City's
capital improvement program;
Because City water and sewer and any other utilities will be provided by the development at
their own cost, Staff finds that the subdivision will not require the expenditure of capital
improvement funds.
4. There is public financial capability of supporting services for the proposed development;
Commission finds there is public financial capability of supporting services for the proposed
development based upon comments from the public service providers(i.e.,Police,Fire,ACHD,
etc.). (See Section Mfor more information.)
5. The development will not be detrimental to the public health,safety or general welfare;
and,
Commission is not aware of any health, safety, or environmental problems associated with the
platting of this property.
6. The development preserves significant natural, scenic or historic features.
Commission is unaware of any significant natural, scenic or historic features that exist on this
site that require preserving.