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HomeMy WebLinkAboutVanguard Village H-2023-0072 DA ADA COUNTY RECORDER Trent Tripple 2024-050341 BOISE IDAHO Pgs=23 ANGIE STEELE 09/11/2024 09:16 AM CITY OF MERIDIAN, IDAHO NO FEE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Endurance Holdings, LLC, Owner 3. Challenger Development, Inc.,Developer 4. Ten Mile West Commercial, LLC, Owner/Developer THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT is dated this 10th day of September , 2024, ("FIRST AMENDMENT"), by and between City of Meridian, a municipal corporation of the State of Idaho ("CITY"), whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642; and Endurance Holdings,LLC ("OWNER"), whose address is 1977 W. Overland Rd., Meridian, Idaho 83642; and Challenger Development,Inc. ("DEVELOPER"), whose address is 1977 W. Overland Rd., Meridian, Idaho 83642; and Ten Mile West Commercial, LLC ("OWNER/DEVELOPER"), whose address is 1144 S. Silverstone Way, Suite 500, Meridian, Idaho 83642. RECITALS A. OWNER/DEVELOPER have submitted an application for a Modification to the existing Development Agreement recorded May 25, 2022 as Instrument#2022-049799 in Ada County Records. The Meridian City Council approved said application with Findings of Fact and Conclusions of Law as in the attached Exhibit"A." B. CITY and OWNER/DEVELOPER now desire to amend said Development Agreement, which terms have been approved by the Meridian City Council in accordance with Idaho Code Section 67-6511. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement recorded May 25, 2022 as Instrument#2022-049799, except as expressly amended as follows: A new Section 4.3 shall be added as follows: 4.3 Notwithstanding anything in the UDC or this Agreement to the contrary, Warehouse, including distribution, and Flex Space uses shall not be permitted in that portion of the property zoned M-E and designated"Warehouse &Flex Space use Not Allowed" as shown on the map and described in the associated legal description/exhibit map in Section VI.B of the Staff Report attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit"A" and the provisions contained herein. Section 5.1(a) is modified as follows: Development of the subject property shall be generally consistent with the site plan, qualified open space exhibit, site amenity exhibit, pedestrian circulation plan, preliminary plat,phasing plan, landscape plan, and conceptual building elevations s b.mit4e with the arm contained hefei in the Development Agreement. An updated phasing plan for the development is included in Section VI.A of the Staff Report attached to the Finding FIRST AMENDMENT TO DEVELOPMENT AGREEMENT—VANGUARD VILLAGE SUBDIVISION H-2023-0074 Page 1 of 5 Fact and Conclusions of Law attached hereto as Exhibit"A" and the provisions contained herein and by this reference incorporated herein as if set forth in full. Section 5.1(b) is modified as follows: All future development, site design and building design shall comply with the guidelines in the Ten Mile Interchange Specific Area Plan (TMISAP) and the standards in the Architectural Standards Manual (ASM), as applicable unless otherwise modified herein. The City Council approved alternatives to the design guidelines in the TMISAP consisting of lower roof pitches of 2:12 for the community clubhouse amenity buildings and 3:12 for the townhome garages to allow larger windows with lower sills at the second level, and front patios with railings that frame off the entrances that are covered by the above balconies instead of front stoops due to concerns pertaining to compliance with ADA requirements. Section 5.1(i) is modified as follows: Development in the M-E district shall be consistent with the development guidelines contained in the Ten Mile Interchange Specific Area Plan (TMISAP) for Mixed Employment(ME) designated areas except for the M-E zoned area where warehouse, including distribution, and light industry, including manufacturing,uses are proposed as shown on the map and described in the associated legal description/exhibit map included in Section VI.0 of the Staff Report attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit"A" and the provisions contained herein. In that area, a minimum of 8%windows on the frontage and a single plane wall maximum distance of 150' without building modulation will be allowed as shown on the exhibits in Section VI.0 of the Staff Report attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit"A" and the provisions contained herein, instead of 20% windows and a single plane wall maximum equal to the building height without building modulation shown as examples on the transect on pp. 3-50 in the TMISAP. Only the building fakes shown in red on the exhibit will be considered frontage. Section 5.1(1) is modified as follows: Design elements shall be provided within the overall development as required in the Application of the Design Elements matrix on pp. 3-49 of the TMISAP, except as otherwise allowed herein. Section 5.1(m) is modified as follows: The s*eet pr-epei4y shall be siibdivided prior-to submit4a! of any Cei4ifieate of Zoning romplia e ., plieation(s) ands r-building,.v,.,, it ., plieatio,, The Applicant may submit-a Design Review, Certificate of Zoning Compliance, and building permit application(s)to finalize building design prior to recordation of the final plat(s) for the lot on which a building is located; however, the applicant will not receive the Certificate of Occupancy for any buildings prior to the recordation of the final plat for the lot on which the building is located. 2. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de-annexation if the Owner/Developer, or their assigns, heirs, or successor shall not FIRST AMENDMENT TO DEVELOPMENT AGREEMENT—VANGUARD VILLAGE SUBDIVISION H-2023-0074 Page 2 of 5 meet the conditions of this First Amendment and the Ordinances of the City of Meridian as herein provided. 3. This First Amendment shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This First Amendment shall be binding on the Owner/Developer(s) of the Property, each subsequent owner and any other person(s) 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 hereon and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. 4. If any provision of this First Amendment is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this First Amendment and the invalidity thereof shall not affect any of the other provisions contained herein. 5. This First Amendment sets forth all promises, inducements, agreements, condition, and understandings between Owner/Developer(s) and City relative to the subject matter herein, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer(s) and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this First Amendment 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. a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Property herein provided for can be modified or amended within 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. 6. This First Amendment shall be effective upon execution by the Mayor and City Clerk. 7. Except as amended by this First Amendment, all terms of the previous Agreements shall remain in full force and effect. [End of text. Acknowledgements, signatures, and Exhibit A follow.] FIRST AMENDMENT TO DEVELOPMENT AGREEMENT—VANGUARD VILLAGE SUBDIVISION H-2023-0074 Page 3 of 5 ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this First Amendment and made it effective as hereinabove provided. OWNER: Endurance Holdings, LLC By: Ore Li Arlvn STATE OF T A(LD )ss. County of_ A-6t A ) On this ;0 13. da of A jAci"4- , 2024,before me,the undersigned,a Notary Public in and for said State, personally appeared_ p�reu �rfiovl ,known or identified to me to be the Men'j'!'wl' of Endurance Holdings,LLC and the person who signed above and acknowledged to me that they executed the same on behalf of said corporation. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ADAIR KOLTES , �r P �ljc- State of IdahoNotary Public Commission Number30062 My commission expires: '05 �12 [Not Commission Expires 06-05-2028 DEVELOPER: Challenger Development, I By: STATE OF JCIA ss. County of6�A ) i' the undersigned,a N=Public in and for said State, On this�_da�of l.t Inb ,2024,before me,personally appeared Or e U ,known or identified to me to be the �c�e-1'r of Challenger Development,Inc.and the person who signed above and acknowledged to me that they executed the same on behalf of said corporation. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. IR KOLTES E tary ITu lic- State S Idaho Notary Publicommission Numbe of 052 IdahMy commission expires:ommission Expires 06-05-2028 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT-VANGUARD VILLAGE SUBDIVISION H-2023-0074 Page 4 of 5 OWNERIDEVELOPER: Ten Mile West Commercial, LLC By: BV Executive Management, Inc., an Idaho Corporation Its: Executive Manager By: Tahri Molifua Its: Executive Vice President STATE OF IDAHO ) )ss. County of _ ) On this day of V 2024,before me,the undersigned,a Notary Public in and for said State, personally appeared Tahri Molifila,kn wn or identified to me to be the Executive Vice President of BV Executive Management,Inc.,the Executive Manager of Ten Mile West Commercial,LLC and the person who signed above and acknowledged to me that they executed the same on behalf of said corporation. IN Yr=SS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. j (SEAL) Notary Public ; -A�r r'My commission expires: Ucl Og P Z o LCp Zzs r PUBUG CITY OF MERIDIAN ATTEST: By: 9-10-2024 Mayor Robert E. Simison 9-10-2024 Chris Johnson, City Clerk STATE OF IDAHO ) ss County of Ada ) On thislpth_day of September , 2024,before me,a Notary Public,personally appeared Robert E.Simison and Chris Johnson,known or identified to me to be the Mayor and City 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 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT—VANGUARD VILLAGE SUBDIVISION FT-2023-0074 Page 5 of 5 EXHIBIT A CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW E Nty AND DECISION& ORDER In the Matter of the Request for Modification to the Existing Development Agreement Associated with H-2021-0081 Vanguard Village,Recorded as Inst.#2022-049799,by Adler Industrial. Case No(s). H-2023-0072 For the City Council Hearing Date of: July 9, 2024 (Findings on July 23, 2024) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of July 9, 2024, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of July 9, 2024, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of July 9, 2024, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of July 9,2024,incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67, Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code,and all current zoning maps thereof. The City of Meridian has,by ordinance,established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019, Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of July 9,2024,incorporated by reference.The conditions are concluded to be FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR VANGUARD VILLAGE MDA H-2023-0072 - I- reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for a modification to the development agreement is hereby approved as requested per the provisions in the Staff Report for the hearing date of July 9,2024, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s)and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-6521(1)(d),if this final decision concerns a matter enumerated in Idaho Code § 67-652 1(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of July 9,2024 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR VANGUARD VILLAGE MDA H-2023-0072 -2- By action of the City Council at its regular meeting held on the 23rd day of July 2024. COUNCIL PRESIDENT LUKE CAVENER VOTEDAYE COUNCIL VICE PRESIDENT LIZ STRADER VOTEDAYE COUNCIL MEMBER DOUG TAYLOR VOTED AYE COUNCIL MEMBER JOHN OVERTON VOTED AYE COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER BRIAN WHITLOCK VOTED AYE MAYOR ROBERT SIMISON VOTED (TIE BREAKER) M y r obert . Si ison 7-23-2024 Attest: p ` � SEAL Chris Jolinson 7-23-2024 City Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: , (�b�D,L�V W�)M _ Dated: 7-23-2024 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR VANGUARD VILLAGE MDA H-2023-0072 -3- STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT I D A H O HEARING July 9,2024 Legend DATE: Project Luca ton Mayor&City Council FROM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: H-2023-0072 Vanguard Village—MDA LOCATION: Generally located 1/4 mile south of W. Franklin Rd. and west of S. Ten Mile Rd.,in the center of Section 15, T.3N. R.1 W. a I. PROJECT DESCRIPTION The Applicant has submitted an application for a modification to the existing Development Agreement associated with H-2021-0081,recorded as Inst. #2022-049799.See Section V below for more information. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 115.26 acres overall Existing Zoning R-15,M-E,C-C and H-E Future Land Use Designation Mixed Use—Commercial(MU-COM);Medium High- Density Residential(MHDR);Mixed Employment(ME); High Density Employment(HDE) Existing Land Use(s) Vacant/agricultural land Proposed Land Use(s) Multi-family residential,vertically integrated residential, light industry/warehouse,commercial/retail,research and development and other uses(overall). Physical Features(waterways, The Williams gas pipeline bisects this site hazards,flood plain,hillside) Neighborhood meeting date;#of 11/30/23 attendees: History(previous approvals) AZ-09-008 Meridian Crossing(Ord.#10-1467;DA Inst. #110115738);ROS#7623 (Inst.#106170019 2006);H- 2021-0081 [MDA,RZ,PP,CUP—DA Inst.#2022-049799 (replaced previous DA)] B. Project Area Maps Future Land Use Map Aerial Map ffeegend hAeadz- ig. ffL��egend IPrnje t Laca�an a ns ` J`Prnject Laca�iar a,i...,... Side 1 t • L esidenti -Res - _ T. IV i<ntia l $ 'N hAedium ensityr %esidenti6l + } Zoning Map Planned Development Map Legend _ 'g T Legend 1 - fProje-! Umc nor �Jl- f PrnjL--t Luc o'or. I I C R:15 C-N +_ fi R-1 R- 5 — Pk3nned Pflroe', lM1 M1 R. - RUT ` V-C C-C RR it - - it Note: The boundary of the site shown on the above maps is the entire property subject to the DA; the portion of the property that is the subject of this amended DA is only that at the southwest corner of the site in the M-E zoning district. A. Applicant: Will Goede,Adler Industrial—8665 W. Emerald St., Se. 200,Boise, ID 83704 B. Owners: Ten Mile West Commercial,LLC— 1144 S. Silverstone Way, Ste. 500,Meridian,ID 83642 Endurance Holdings,LLC— 1977 E. Overland Rd.,Meridian, ID 83642 C. Representative: Same as Applicant III. NOTICING City Council Posting Date Notification published in newspaper 6/23/2024 Notification mailed to property owners within 300 feet 6/21/2024 Applicant posted public hearing notice on site 6/24/2024 Nextdoor posting 6/17/2024 IV.UNIFIED DEVELOPMENT CODE ANALYSIS UD A. Development Agreement Modification(MDA): The Applicant proposes an amendment to the existing Development Agreement(DA) associated with H-2021-0081,recorded as Inst. #2022-049799, as follows: (Staffs comments in italics) • New DA provision—"4.3:Notwithstanding anything in the UDC or this Ag[eement to the contrary, Warehouse, including distribution, and Flex Space uses shall not be permitted in that portion of the property zoned M-E and designated"Warehouse&Flex Space Use Not Allowed"as shown on the map and described in the associated legal description/exhibit map in Section VI.B of the First Amendment." The inclusion of this restriction on approximately 113 of the M-E(Mixed-Employment) zoned area will ensure the property develops with a mix of employment uses as desired by the City with a limitation on flex and warehouse uses. • Modify DA provision#5.1a, as follows: "Development of the subject property shall be generally consistent with the site plan,qualified open space exhibit, site amenity exhibit, pedestrian circulation plan,preliminary plat,phasing plan, landscape plan and conceptual building elevations submit4ed with the apphea4ieas contained herein in the Development Agreement. An updated phasing plan for the development is included in Section VI.A of the First Amendment and by this reference incorporated herein as if set forth in full." Development priorities have changed, along with property ownership, since the time of the initial approvals; the proposed change will allow development to proceed in an alternate order. • Update the phasing plan—see Section VI.A below for existing vs.proposed phasing plan. The existing phasing plan depicts the following: 1) ]"phase—the southern portion of the R-15 zoned property; 2) 2nd phase—the M-E zoned property; 3) 3.d phase—the northern portion of the R-15 zoned property; 4) 4:h phase—the H-E zoned property; and 5) the C- C zoned property. The proposed plan depicts the following: 1) 1"phase—the M-E zoned property at the southwest corner of the property; 2) 2nd phase—the C-C and H-E zoned property on the eastern portion of the property; and 3) 3.d phase—the R-15 zoned property on the northern portion of the site. • Inclusion of alternative design and development guidelines for the distribution and light manufacturing area(i.e.warehouse/distribution and light industry/manufacturing uses) with the conceptual elevations shown in Section VI.C; and modification to the following DA provisions: o #5.1b: "All future development, site design and building design shall comply with the guidelines in the Ten Mile Interchange Specific Area Plan(TMISAP) and the standards in the Architectural Standards Manual(ASM),as applicable unless otherwise modified herein. The City Council approved alternatives to the design guidelines in the TMISAP consisting of lower roof pitches of 2:12 for the community clubhouse amenity buildings and 3:12 for the townhome garages to allow larger windows with lower sills at the second level; and front patios with railings that frame off the entrances that are covered by the above balconies instead of front stoops due to concerns pertaining to compliance with ADA requirements." o #5.1i: "Development in the M-E district shall be consistent with the development guidelines contained in the Ten Mile Interchange Specific Area Plan(TMISAP) for Mixed Employment(ME)designated areas except for the M-E zoned area where warehouse,including distribution, and light industry, including manufacturing,uses are proposed as shown on the map and described in the associated legal description/exhibit map included in Section VI.C. In that area, a minimum of 8%windows on the frontage and a single plane wall maximum distance of 150' without building modulation will be allowed as shown on the exhibits in Section VLC instead of 20%windows and a single plane wall maximum equal to the building height without building modulation shown as examples on the transect on pg. 3-50 in the TMISAP. Only the buildingfaces aces shown in red on the exhibit will be considered frontage." The TMISAP has elevated guidelines that apply to development within the TMISAP area. The Architectural Standards Manual(ASH) applies to all properties within the City, with established baseline minimum standards. These are in addition to the elevated guidelines in the Plan. The front/south side of the southernmost building will be highly visible from I-84,the front of the other buildings will be internal to the site and not as visible. Staff is unable to support requests for deviations from the guidelines in the Plan due to conflicts with the lesser ASH standards prior, apart from and prior to the design review process. Commercial ASM standards apply to M-E zoned areas, but the buildings are of an industrial style and may conflict with other citywide ASM standards as well.Action is needed from Council for such requests. If Council approves the proposed deviations to the design guidelines in the Plan, the Applicant will need to include a request for a design standard exception with each commercial standard in the ASM that is not met, with subsequent administrative Design Review applications.Any such related request will likely not comply with the design standards in the ASM. o #5.11: "Design elements shall be provided within the overall development as required in the Application of the Design Elements matrix on pg. 3-49 of the TMISAP, except as otherwise allowed herein." This change allows for the above-noted exceptions if approved by City Council. • Modification to DA provision#5.Lm—"The s„ get property shall be s„L.,l:yide.a Prior-to pplie tion( '. The Applicant may submit a-Design Review, Certificate of Zoning Compliance,and building permit application(s)to finalize building design prior to recordation of the final plat(s) for the lot on which a building is located,however,the applicant will not receive the Certificate of Occupancy for any buildings prior to the recordation of the final plat for the lot on which the building is located." The proposed change will allow development to commence but will still require the plat to be recorded prior to occupancy. V. DECISION A. Staff: Staff recommends approval of the requested modifications to the DA, except for the deviations from the design guidelines in the TMISAP,which require Council approval. B. The Meridian City Council heard these items on July 9,2024. At the public hearing.the Council moved to approve the subject MDA request. 1. Summary of the City Council public hearing: a. In favor: Will Goede.Adler Industrial(Applicant) b. In opposition:None C. Commenting:None d. Written testimony:None e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. Discussion pertaining to the Applicant's request for alternative design and development guidelines. 4. City Council change(s)to Commission recommendation. a. City Council approved the Applicant's request for alternative design and development guidelines for the western portion of the M-E zoned area shown in the exhibits in Section VI.C. VI.EXHIBITS A. Existing&Proposed Phasing Plan R-15 4 \ .� PROSE IiI � P1-4h8E 5 - vu�Cwu wnv —— i i M-E air ��.•- * R+LtFIa•6H.1.1 Y I.iliifFH MH+aa+i-R�4NH IMiLNM N HL1+-►1 M MRi4R�-F+HRii+ii.� * C:O.Ixw�rrweiicr i r L01 CSAENSIOHS; SHEET C1 2R— SITEPLAN: SHEET Czk �'* - E]G1STING CONC.. SMILE T C3A +� r . 7 PHASE {'i f I L. - LG + - F 01, L L 11 �a'f!lily-FNlftiplNlMyiHlfta 1YRH I+H s"►011 iR R\ f.l.i 1 N•i N 111 +IiRMi!<H RHIiilf{+N#fltLt�il+iflfl Nf NAN It l 111 f NI Aid nl Nil f PHASE R re i LOT DlkiEw rONB: SHEE T Ci1 �`}� L LOT DIMENSIONS- SHEET Cl,a SrrEPLAN. SHEETG2,% L SITFPLAN. SHEET CIA EttISTING CCN@: SHEET C2.1 - - - ��- EMSTINGCONP.: SHEE-rC3.2 4 tF PHASE B r r � wrin+ +rPir 2 I \ n�Iz. �..., f, L L .�..1Merc• +q5-rrw�.:o�r �+l�+w L T � -- -. _ I L S T�'�ri7p as .cte Ya•2,xM1-:yr Iyy R�-lSyy,1}Iw � \ B. Exhibit Depicting Warehouse&Flex Space Use Not Allowed Area and Legal Description/Exhibit Map of that Area Depiction of Warehouse&Flex Space Use Not Allowed Area I� R'SS MEDIUM HIGH CENS17W F SMSNT,AL I r I I � � :� , -`I'U::..,..11-F.'I it k � ; �' I•�� i �717 tL ARK + Il COMM ON5T.%rTSINE9P WAREHOUSE &FLEX SPACE USE NOT -f1 l [7 0.I.,, u—t-io ALLOWED +114 JJ i _ �i..;uiQe is m T. y r'------ -I� rrJ ;' 'fl •J ' III IIG"[5"NST �....-^] LCAP6YldENi C7CR Big / RDURR ExIIIBTT"Cn Project No:240076 TO FIRST AMENDMENT Date:May 21,2024 Page 1of1 LEGAL DESCRIPTION OF WAREHOUSE & FLEX SPACE USE NOT ALLOWED AREA A parcel of land located in the NE1/4 of the 5W1/4 and the NW114 of the SE1}4 of Section 15, Township 3 North,Range 1 West, Boise Meridian,City of Meridian,Ada County, Idaho, more particularly described as follows: COMMENCING at the center one-quarter corner of Section 15;thence,along the north boundary of said NE1/4 of the SW1f4, A. 5.89014'48"17,,291.84 feet to the POINT OF BEGINNING, thence leaving said north boundary, 1. 5,39'31'08"E.,748.08 feet to the beginning of a non-tangent curve;thence, 2. Southwesterly along said curve to the left having a radius of 1000.00 feet,an arc length of 185.66 feet,through a central angle of 10'38'16",of which the long chord hears 5.71'25'13" ., 185.40 feet;thence,tangent frorn said curve, 3. 5.66Q06'05"W..231.67 feet tc the beginning of a tangent curve:thence, 4. Southwesterly along said curve to the right having a radius of 750.00 feet,an arc length of 70.03 feet,through a central angle of 5'21'01",of which the long chord bears S_68'46'35" .,70.01 Feet;thence,non-tangent from said curve, 5. N.89017'19"W.,299.81 feet;thence, 6. N.W`45'12"E.,755.20 feet;thence, T 5.89'14'48"E.,266.65 feet to the POINT OF BEGINNING. CONTAINING: 8.83 Ac. L LANo E q� 3765 "Ile of xl� 0.10 �- 332 N_Broodmore Woy I nnmpo, D8$ 687 I 208.d42.6300 www.ordurro.com EXHIBIT SKETCH - WAREHOUSE AND FLEX SPACE w m LOCATED IN THE NE114 OF THE SVV14 AND THE NW114 OF THE SE114 OF SECTION 15, TOWNSHIP 3 NORTH, RANGE 1 WEST,BOISE MERIDIAN, CITY OF MERIDIAN,ADA COUNTY, IDAHO � 9 11 10 2624 16 10 FRANKLIN ROAD NOO*42'57'E 1328.65' N1116 0 o NOO'43`11`E 1328.61' POINT OF FE 16 15 C1N1l16 BEGINNING SB9'14'48'E 291.84' _Cl E1l16 SW14,36"E S8914'48'E Fi 1322.75' 764-29' N89'14'39"Yf 1321.43' ca S G 0 d, &83 AC T O co C4 _ W M] W F rN � O W rn a r7 2 Z 0] N � � Z I I re)LA CI E z a 13755 uj �N89'14!03"W"1324.16' BASIS OF BEARINGS CS1116 SE1f16 N89'14'03`W 1323.80'willb N89'13'31"w 1323.13' S1116 �} 2100PdVa4YM1f0UJSE FLEX.dnp oc / RDURR1 332 N.BROADMORE WAY rti NAMPA,IDAHO 83687 �J 266442-6304 1 WWWARDURRA_COM C. Distribution&Light Manufacturing Area Design Guidelines&Legal Description/Exhibit Map of that Area EXHIBIT E - DISTRIBUTION & LIGHT MANUFACTURING AREA DESIGN GUIDELINES DISTRIBUTION&LIGNT MANUFACTURING AREA In the Distritlution&Light Manufacturing Area,only the building faces shown in red will be considered frontage. These frontages will meet the majority of the TMISAP frontage requirements, however a variance is requested for the following two requirements(ref TMISAP page 3-50): TMISAP REQUIREMENT PROPOSED Were—concept renderings) -20%windows -8%w0dows -Single plane wall max distance=building height -Single plane wall max distance 150' = I EXHIBIT E - DISTRIBUTION & LIGHT MANUFACTURING AREA DESIGN GUIDELINES ._ .r 8%Windows on Frontage Single plane max wall distance=150' i EXHIBIT E - DISTRIBUTION & LIGHT MANUFACTURING AREA DESIGN GUIDELINES `y 4. SIPNAGE WIN �d ■ ■■ i �! �.■ ■ if. EXHIBIT DISTRIBUTION ■ ■ • • LIGHT MANUFACTURING 1 AREA DESIGN GUIDELINES 1 r� //�/ ARDURRA Project No:240076 EXIIIBIT"F" Date:May 21,2024 TO FIRST AMENDMENT Page 1 of 1 LEGAL DESCRIPTION OF DISTRIBUTION AND LAND MANUFACTURING AREA A parcel of land located in the NE1/4 of the SW114 of Section 15,Township 3 North, Range 1 West, Boise Meridian,City of Meridian,Ada County,Idaho,more particularly described as follows: COMMENCING at the center west one-sixteenth corner of Section 15; thence,along the west boundary of said NE114of the SW1{4, A. 5,00440'02"K.231A5 feet to the POINTOF BEGINNING,thence leaving said boundary, 1. 5.89014'48"E.,763.91 feet,thence, 2. 5.00°45'12"K,959.44 feet;thence, 3. N.81°25'39"W.,352.27 feet;thence, 4. N.85"10'48"W., 150.33 feet;thence, 5. NA1°21'31'Ild.,266L5 feet to the west boundary of said N Elf4 of the SW1{4;thence,along said boundary, 6. N.00°39'32"E.,864.35 feet to the POINT OF BEGINNING. CONTAINING: 15.97 Ac. pl LA�'U 4 0=Mp1 - 332N.BroodmoreWay I NC3MPrla83687 I 208.d42.6300 I WWW.0rdurr0.c0m EXHIBIT SKETCH — DISTRIBUTION & LIGHT MANUFACTURING U5 LOCATED IN THE NE114 OF THE SW14 OF SECTION 15, TOWNSHIP 3 NORTH, RANGE 1 WEST,BOISE MERIDIAN, CITY OF MERIDIAN,ADA COUNTY, IDA[10 2024 $ 10 16 1� FRANKLi1,F ROAD EN80'42'57"E 1328.65` o ❑ 104' 200' 4007 0 N00'43'11'E 1328.61' BASIS OF BEARINGS a 16 15 CW1}� 589'14'48-E 1322.78' C11 a 589'14'36"E 1322-75'FE — — 5 o o c+ ui POINT OF BEGINNING N 4 ti O �I _41 SfJ I LL Cl co � c 7 15_B7 AC t' a Cl La d 50 0;Y!,� //yyo-`iFAkYY'4 N raur nn r 2 � S1116 t SW 111 fi r,�ao�rwa��ue.� imrts .a: :> — N89'1 d'fl3"w 1324.1b' ARDURRA a 332 N.BROADMORE WAY - NAMPA.IDAHO 83687 208-412-6300 I WNWARDURRA_COM